29807 29806

29846 29847

29847 29847 29847 29847 29847 29847 29833 29834 - 29833 29802 ......

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...... 29817 ...... ~...... No. 207—Pt. I-----1 No. 207—Pt...... 29834 .

...... - ...... ' ...... (Continued inside) :

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...... Florida Citrus Shippers Advisory Committee, Neurobiology, 11—5 and 11-6—73...... ; History and Philosophy of Science, 11—9—73 Political Political Science, 11—9—73 Sociology, 11-8 and 11—9—73 Social Psychology, 11-8 and 11-9—73 Anthropology, 11—8 and 11—9—73 Genetic Biology, 11-8 and 11—9—73 Eighth National Bank Region, 11-9—73...... 29830 Second National Bank Region, 11—2 and 11—3—73.... 29830 1 1 -6 -7 3 PART II: - INDUSTRIAL POLLUTION— EPA proposes effluent limitations guidelines meat packing facilities; comments for by 11—28—73.... slaghterhouses 29857 and HEW: Mental Health Small Grant Committee, 11-12 NATIONAL SCIENCE FOUNDATION, advisory panels: and 11-13-73. .. Policies Policies and Practices: INTERIOR DEPARTMENT: Vale District Advisory Board, rency’s Regional Advisory Committees on Banking USDA: Gila 1 1 National -1 4 -7 3 Forest Grazing Advisory Board, 1 0 -2 9 -7 3 TREASURY DEPARTMENT, Comptroller of the Cur­ TELECOMMUNICATIONS POLICY OFFICE: Electro­ magnetic Radiation Advisory Committee, 10-31—73.... 29851 MONDAY, OCTOBER 29, 1973 HIGHLIGHTS HIGHLIGHTS OF THIS ISSUE Pages Pages 29791—29868 WASHINGTON, D.C. MORTGAGES— FHLBB eliminates insurance prepayment MOTOR VEHICLES— DOT proposes change in procedures Volume Volume 38 ■ Number 207 requirement on certain loans; effective 10—29—73 FOREIGN SERVICE— USIA changes citizenship require­ This listing does not the affect legal status of any document published in this issue. Detailed table ofcontents appears inside. MEETINGS— ments by 12-13-73... ments for contract1 2 -1 -7 market 3 rule enforcement; effective PART PART I ments for information officers; effective 10-29—73 for temporary exemption from safety standards; com­ COMMODITY EXCHANGES— USDA establishes require­ papermaking machinery and parts from Sweden ANTIDUMPING— Tariff Commission determination on

October 29, 1973— Pages 29791-29868 REMINDERS

(The items in this list were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list has no legal significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.) Rules Going Into Effect Today This list includes only rules that were pub­ lished in the F ederal R egister after Octo­ ber 1, 1972. page no. and date SEC— “ Single credit rule" in -stock option and stock purchase plans...... 26905, 9 -2 7 -7 3

Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Service, General Servi Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500' Ch 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ) . DistriD is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. zimw. I 1934 ¿ t K The F ederal R egister provides a uniform system for making available to the public regulations and legal notices fcsuj bv the Executive Branch of the Federal Government. These include Presidential proclamations and Exe™tiv® A t of Federal^agency 'documents having general applicability and legal effect, documents required to be published by Act ! Congress and other Federal agency documents of public interest. © The Federal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per in a ^ a n S ch arg? t o r individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually £ i ^ ^ i ^ ^ T m o L y c*ier, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. i There are no restrictions on the republication of material appearing in the F ederal R egister. FEDERAL REGISTER, VOL. 38, NO. 207— M ONDAY, OCTOBER 29, 1973 Contents

ADMINISTRATION ON AGING COMMODITY EXCHANGE AUTHORITY Proposed Rules Rules and Regulations Rules and Regulations Biomedical radio telemetering; Grants for State and community Contract market program for en­ permit ______29818 programs on aging; correction. 29809 forcement ______29806 Broadcast stations with direc­ tional antennas; sampling sys­ AGRICULTURAL MARKETING SERVICE COMPTROLLER OF THE CURRENCY tems for antenna monitors; ex­ Rules and Regulations Notices tension of time______29820 Cranberries grown in certain Regional Advisory Committees on Communications Satellite Corp.; States; handling___.______29799 issuance of securities, etc.; ex­ Marketing agreements practice Banking Policies and Practices, second and eighth national bank tension of comments period____ 29819 rules ; miscellaneous amend­ FM broadcast stations in Monte ments — ______;__ _ 29797 regions; - meetings (2 docu­ ments) ______29830 Rio, California; table of assign­ Milk in the central Illinois mar­ ments ______29820 keting area; order suspending ENVIRONMENTAL PROTECTION AGENCY Industrial and maritime mobile certain provisions______29801 services; frequencies, standards, Notices Proposed Rules and procedures for on-board Shippers Advisory Committee Effluent limitation guidelines, per­ communications; extension of meeting; handling of citrus formance and pretreatment • time ------29818 grown in Florida______29833 standards: Visual indicator of transmitter Electroplating point source operation; control requirements. 29821 AGRICULTURE DEPARTMENT category; correction______29818 See Agricultural Marketing Serv­ Red meat processing point Notices ice; Commodity Exchange Au­ source category______. ___ 29857 Application for construction per­ thority; Forest Service; Soil Notices mits: Conservation Service. Water quality information; avail­ Johnson, William P., et al______29837 ALCOHOL, DRUG ABUSE, AND MENTAL ability ______29836 O’Conner, Erwin______29837 HEALTH ADMINISTRATION Notices • , FEDERAL AVIATION ADMINISTRATION FEDERAL DISASTER ASSISTANCE Mental Health Small Grant Com­ Rules and Regulations ADMINISTRATION mittee; meeting______29834 Airworthiness directives: Notices Aircraft Parts and Development Disaster determinations; Kansas ALCOHOL, TOBACCO, AND FIREARMS BUREAU C o r p ______. ______29802 and Nebraska (2 documents) __ 29834, Lycoming aircraft engines..___ 29803 29835 Notices Control zones and transition Terrence S. Bickers, et al.; grant­ areas; alterations, designation, FEDERAL HIGHWAY ADMINISTRATION ing of relief______29830 redesignation and revocation (6 Notices ATOMIC ENERGY COMMISSION documents) ______29803-29805 Restricted areas; revocation_____ 29805 Louisiana; proposed action plan.. 29835 Notices Standard instrument approach Metropolitan Edison Co. et al.;. procedures______29805 FEDERAL HOME LOAN BANK BOARD hearin g______29836 Transition area; alteration; cor­ Rules and Regulations Virginia Electric and Power Co.; rection ______29803 Federal savings and loan system; appointment of chairman for Waypoint names; change of area hearing______29836 high route------29805 amendment relating to insur­ ance premiums___ '______29802 CIVIL AERONAUTICS BOARD Proposed Rules Notices Control zone; alteration______29816 FEDERAL MARITIME COMMISSION International Air Transport As­ Transition areas; alterations (2 Notices sociation; agreement on specific documents)______29816, 29817 commodity rates______29836 Certificates erf financial responsi­ Notices bility (oil pollution); certifi­ CIVIL SERVICE COMMISSION Air Carrier and Flight Standards cates issued and revoked (2 Rules and Regulations District Offices; disestablish­ documents) ______29838, 29840 ment and establishment_!____ 29835 Excepted service: Hellenic Mediterranean Lines and Commerce Department (2 docu­ Air traffic control towers; com­ ments) ______29797 missionings : French Lines, Inc.; agreement Defense Department______29797 Bloomington, Indiana______29835 filed ------29840 Environmental P r o t e c t i o n Danville, Illinois______29835 Agency (2 documents)______29797 West Lafayette, Indiana______29835 FEDERAL POWER COMMISSION Notices Proposed Rules Grants of authority to make non­ FEDERAL COMMUNICATIONS COMMISSION Reliability of electric and gas career executive assignments: service; hearing and postpone­ Civil Rights Commission______29836 Rules and Regulations Health, Education, and Welfare Comparable television tuning____ 29809 ment of hearing (2 documents) _ 29821, Department ______29836 Maritime mobile repeater stations 29825 Interior Department.______29836 in the State of Alaska....______29813 (Continued on next page) 29793

FEDERAL REGISTER, VOL. 38, NO. 207— M ONDAY, OCTOBER 29, 1973 29794 CONTENTS

FEDERAL RESERVE SYSTEM INTERNAL REVENUE SERVICE NATIONAL SCIENCE FOUNDATION Notices Notices Notices Bank acquisitions; orders approv­ Assistant Commissioner (Techni­ Advisory panels; meetings------29845 ing or denying: cal) ; delegation of authority— 29829 Hamilton Bancshares, Inc------29841 POSTAL RATE COMMISSION Michigan National Corporation- 29842 INTERIOR DEPARTMENT Notices Suburban Bancorporation------29843 See Fish and Wildlife Service; Certain postal facilities; notice of Tennessee'Valley Bancorp, Inc_ 29845 Land Management Bureau. visitors______— 29846 Fidelity Corp. of Pennsylvania; application to engage in insur­ INTERSTATE COMMERCE SOIL CONSERVATION SERVICE ance underwriting— ------29840 COMMISSION Notices First Bankshares Corp. of S.C.; Notices retention of August Kohn and First Capitol Watershed Project, Co., Inc., and acquisition of Assignment of hearings------29847 Wisconsin; draft environmental Stevenson, Zimmerman and Co_ 29840 Exemption of mandatory car serv­ statem ent------29833 ice rules______29847 fISH AND WILDLIFE SERVICE Fourth section application for re­ TARIFF COMMISSION Rules and Regulations lief ______29847 Notices Motor Carrier Board transfer Hunting: Papermaking machinery and parts proceedings______—------29848 from Sweden; determination™ 29846 J. Clark Salyer National Wild­ Motor carrier temporary author­ life Refuge, N. Dak------29815 ity applications------29848 Migratory bird hunting; correc­ TELECOMMUNICATIONS POLICY OFFICE tion ______,______29815 JUSTICE DEPARTMENT »Notices Moosehom National Wildlife See Immigration and Naturaliza­ Electromagnetic Radiation Ad­ Refuge, Maine-______29815 visory Council; meeting------29850 tion Service. FOREST SERVICE TRANSPORTATION DEPARTMENT LABOR DEPARTMENT Notices See Federal Aviation Administra­ Gila National Forest Grazing Ad­ Notices tion; Federal Highway Adminis­ visory Board; meeting— ------29833 BGS Shoe Corporation; certifica­ tration; National Highway tion of eligibility— ------— — 29846 HEALTH, EDUCATION, AND WELFARE Traffic Administration. t DEPARTMENT LAND MANAGEMENT BUREAU TREASURY DEPARTMENT See also Administration on Ag­ Notices See also Comptroller of the Cur­ ing; Alcohol, Drug Abuses, and Outer continental shelf, offshore Mental Health Administration. rency; Alcohol Tobacco and Louisiana; availability of draft Firearms Bureau; Internal Rev­ Notices environmental statement and enue Service. National Environmental Policy notice of hearing------*-•— 29832 Notices Act; revised provisions------29833 Vale District Advisory Board; m eetin g------29832 Offering of notes: Series C—1979------29827 HOUSING AND URBAN DEVELOPMENT Washington; proposed withdrawal Series H—1975------29826 DEPARTMENT and reservation of lands------29830 Seven and one half per cent See Federal Disaster Assistance bonds of 1988—93------— 29828 Administration. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION UNITED STATES INFORMATION IMMIGRATION AND NATURALIZATION Proposed Rules AGENCY SERVICE Temporary exemption from motor Rules and Regulations Proposed Rules vehicle safety standards; data and procedures for processing U.S. citizenship; changes in re­ Refugee travel documents; eligi­ quirements ______- 29807 bility ______29816 petitions------29817

FEDERAL REGISTER, VOL. 38, NO . 207— M ONDAY, OCTOBER 29, 1973 CONTENTS 29795 List of CFR Parts Affected

'The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published.in today’s issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. In the last issue of the month the cumulative list will appear at the end of the issue. 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, 1973, and specifies how they are affected.

N 5 CFR P roposed R u l e s : 47 CFR 213 (5 documents) ______29797 71 (3 documents)__ ^_____ 29816, 29817 15------29809 81------^______29813 7 CFR 17 CFR P roposed R u l e s : 900 ______—. ______— J29797 1— — ------—______29806 929 ______.______29797 2_____ 29818 1050 ______29801 18 CFR 15------29818 25______29819 P roposed R u l e s : 8 CFR 73 (2 documents)______;______29820 2 (2 documents)______29821 81------29818 Proposed R ules: 83------29818 223a ______29816 22 CFR 87------_------29821 501______29807 91------29818 12 CFR 545 ______.. _ 29802 40 CFR 49 CFR P roposed R u l e s : P roposed R u l e s : 14 CFR 413______29818 555______29817 39 (2‘ documents)______29802, 29803 71 (7 documents) 29803-29805 432------29858 50 CFR 73______l__ 29805 45 CFR 20------29815 75______— 29805 28______29815 97 ______29805 903______.______29809 32______29815

FEDERAL REGISTER, VOL. 38, NO. 207— M O N D A Y, OCTOBER 29, 1973

29797 Rules and Regulations

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of - Federal Regulations Is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each month.

Title 5— Administrative Personnel PART 213— EXCEPTED SERVICE the Administrator is excepted under CHAPTER I— CIVIL SERVICE COMMISSION Department of Commerce Schedule C. Effective on October 29, 1973, §213.- PART 213— EXCEPTED SERVICE Section 213.3314 is amended to show 3318(a) (1) is amended as set out below. Department of Defense that one position of Private Secretary to the Deputy Under Secretary for Leg­ § 213.3318 Environmental Protection Section 213.3306 is amended to show islative Affairs is excepted under Sched­ Agency. that one position of Private Secretary ule C. (a) Office of the Administrator. (1) to the Assistant to the Secretary and Effective on October 29, 1973, § 213.- Five Special Assistants to the Adminis­ Deputy Secretary of Defense for Re­ 3314(a) (30) is added as set out below. trator. source Utilization is excepted under Schedule C. § 213.3314 Department of Commerce. ***** Effective on October 29, 1973, § 213.- (5 TJ.S.C. secs. 3301, 3302; E.O. 10577, 3 CFR (a) Office of the Secretary. * * * 1954-58 Comp. p. 218.) 3306(a) (55) is added as set out below. (30) One Private Secretary to the § 213.3306 Department of Defense. Deputy Under Secretary for Legislative U n it e d S tates C iv il S erv­ Affairs. ic e C o m m is s io n , (a) Office of the Secretary. * * * ***** [ s e a l ] J am es C. S p r y , (55) One Private Secretary to the As­ (5 U.S.C. secs. 3301, 3302; E.O. 10577, 3 CFR Executive Assistant to sistant to the Secretary and Deputy Sec­ 1954-58 Comp. p. 218.) the Commissioners. retary of Defense for Resource Utiliza­ [FR Doc.73—2295P Filed 10-26^73;8:45 am] tion. U n it e d S tates C iv il S erv­ ***** ic e C o m m is s io n , [ s e a l ] J am es C. S p r y , Title 7— Department of Agriculture (5 U.S.C. secs. 3301, 3302; E.O. 10577, 3 CFR 1954-58 Comp. p. 218.) Executive Assistant CHAPTER IX— AGRICULTURAL MARKET­ to the Commissioners. ING SERVICE (MARKETING AGREE­ U n it e d S pa te s C iv il S erv­ [FR Doc.73-22947 Filed 10-26-73;8:45 am] MENTS AND ORDERS; FRUITS, VEGE­ ic e C o m m is s io n , TABLES, NUTS), DEPARTMENT OF [ seal] Jam es C. S p r y , AGRICULTURE Executive Assistant PART 213— EXCEPTED SERVICE to the Commissioners. PART 900— GENERAL REGULATIONS Environmental Protection Agency [FU Doc.73-22948 Filed 10-26-73;8;45 am] Amendments to Rules of Practice Section 213.3318 is amended to reflect On August 19, 1972, the Civil Service the following title change: from one In­ Commission published in the F ederal formation Assistant to the Director, O f­ PART 213— EXCEPTED SERVICE R egister (37 FR 16787) a rule changing fice of Public Affairs, to one Information Department of Commerce the title of hearing examiner, as used Assistant to the Administrator. in 5 CFR Part 930, Subpart B, to admin­ Section 213.3314 is amended to reflect Effective on October 29, 1973, § 213.- istrative law judge. By designation to the the following title changes: from two 3318(a) (41) is added and § 213.3318(c) Office of Administrative Law Judges Confidential Assistants to the Director, (1) is revoked as set out below. dated December 20, 1972 (37 FR 28475), Bureau of Domestic Commerce, to two § 213.3318 Environmental Protection as amended April 27,1973 (38 FR 10795), Confidential Assistants to the Director, Agency. the Secretary of Agriculture has provided Bureau of Competitive Assessment and (a) Office of the Administrator. * * *for the issuance by the administrative Business Policy. law judges of initial decisions in adjudi­ Effective on October 29,1973, § 213.3314 (41) One Information Assistant to the Administrator. cation proceedings subject to sections (m)(lO) is amended as set out below. 556 and 557 of Title 5, United States * ' * * * * § 213.3314 Department of Commerce Code, such decisions to become final (c) Office of Public Affairs. * * * * * * * • without further proceedings unless there (1) [Revoked] is an appeal to the Secretary by a party (m) Office of the Assistant Secretary ***** to the proceeding in accordance with ap­ tor Domestic and International Busi­ ness. * * * (5 U.S.C. secs. 3301, 3302; E.O. 10577, 3 CFR plicable rules of practice: Provided, how­ 1954-58 Comp. p. 218.) ever, That no decision shall be final for (10) Two Confidential Assistants to purposes of judicial review except a final the Director, Bureau of Competitive As­ U n it e d S tates C i v il S er v­ decision of the Secretary upon appeal. sessment and Business Policy. ic e C o m m is s io n , To incorporate these and other technical [ s e a l ] J am e s C. S p r y , ***** Executive Assistant changes in the Rules of Practice (7 CFR (5 U.S.C. secs. 3301, 3302; E.O. 10577, 3 CFR to the Commissioners. Part 900) under the Agricultural Mar­ 1954-58 Comp. p. 218.) [FR Doc.73-22949 Filed' 10-26-73:8:45 am] keting Agreement Act of 1937, as U n it e d S tates C iv il S erv­ amended; (7 U.S.C. 601 et seq.), and pur­ ic e C o m m is s io n , suant to the authority contained in sec­ PART 213— EXCEPTED SERVICE [ seal] J am es C. S p r y , tion 10, 48 Stat. 37, as amended; 7 U.S.C.' Executive Assistant Environmental Protection Agency 610, and section 5, 49 Stat. 753 as to the Commissioners. Section 213.3318 is amended to show amended, 7 UJS.C. 608c, said Rules of IFR Doc.73-22845 Filed 10-26-73;8:45 am] that one position of Special Assistant to Practice are hereby amended as follows:

FEDERAL REGISTER, VOL. 38, NO. 207— M ONDAY, OCTOBER 29, 1973 29798 RULES AND REGULATIONS

Subpart— Rules of Practice and Procedure filed for purposes of delay, he may, sion(s)” and “ appeal(s)” are respec­ Governing Proceedings To Formulate within thirty days after the filing of tively substituted: Marketing Agreements and Marketing the petition, file with the Hearing Clerk a Sec. Orders (7 U.S.C. 900.1-18) motion to dismiss the petition, or any 900.52b Amended pleadings. portion thereof, on one or more of the 900.55 Presiding officers. 1. In § 900.2 paragraph (m) deleted 900.56 Consolidated hearings. and paragraph (d) is revised to read as grounds stated in this paragraph. Such motion shall specify the grounds of ob­ 900.57 Intervention. follows: 900.58 Prehearing conferences. jection to the petition and if based, in 900.59 . Motions and requests. § 900.2 Definitions. whole or in part, on an allegations of 900.61 Depositions. ***** fact not appearing on the face of the 900.62 Subpoenas. (d) The terms Administrative Lawpetition, shall be accompanied by appro­ 900.69 Piling; service; extensions of time; Judge or Judge means any administra­ priate affidavits or documentary evi­ effective date of filing and compu­ tation of time. tive law judge appointed pursuant to dence subsantiating such allegations of 5 U.S.C. 3105, and assigned to conduct fact. The motion may be accompanied by 900.71 Hearing before Secretary. the proceeding. a memorandum of law. Upon receipt of § 900.59 [Amended] ***** such motion, the Hearing Clerk shall Cause a copy thereof to be served upon 7. Section 900.59, paragraph (b) is fur­ 2. In the following sections the words the petitioner, together with a notice ther revised by deleting the words prior “ examiner(s) ” and “ presiding offlcer(s) ” stating that all papers to be submitted to the transmittal of this record to the are deleted and in lieu thereof the words in opposition to such motion including Secretary, as provided in this subpart,”. “ judge(s) ” are substituted: any memorandum of law, must be filed § 900.60 [Amended] See. by the petitioner with the hearing clerk 900.4 Institution of proceeding. not later than 20 days after the service 8. Section 900.60 is amended as follows: ] 900.6 Presiding officers. of such notice upon the petitioner. Upon a. The words “presiding officer(s)” 900.7 Motions and requests, the expiration of the time specified in wherever those terms appear, are deleted 900.8 Conduct of hearing. 900.9 Oral and written arguments. such notice, or upon receipt of .such and in lieu thereof, substitute the words 900.10 Certification of the transcript. papers from the petitioner, the hearing “judge(s)”. 900.15 Piling; extensions of time; effective clerk shall transmit all papers which b. Paragraph (d) (8) is further ' date of filing; and computation of have been filed in connection with amended by inserting the words “on ap­ time. the motion to the Judge for his peal” after the word “if” in the last 900.18 Hearing before Secretary. consideration. sentence. Subpart— Rules of Practice Governing Pro­ (2) Decision by Administrative Law c. Paragraph ( f ) (1) is amended by de­ ceedings on Petitions To Modify or To Be Judge. The Judge, after due considera­ leting the words “in the Department, a Exempted From Marketing Orders (7 tion, shall render a decision upon the copy of” after the word “status.” CFR 900.50-71) motion stating the reasons for his action. 9. Section 900.60 is further amended as 1. Section 900.51 is amended as fol­ Such decision shall be in the form of an follows: lows: Paragraph (d) is revised, para­ order and shall be filed with the hearing graph (n) is revoked and reserved and clerk who shall cause a copy thereof to be § 900.60 Oral hearing before adminis­ paragraph (o) is revised. served upon the petitioner and a copy trative law judge. thereof to be transmitted to the Adminis­ * * * * * § 900.51 Definitions. trator. Any such order shall be final un­ * * * * * less appealed pursuant to § 900.65: Pro­ (b) Appearances. * * * (3) Failure to appear. I f the petitioner, (d) The terms “ administrative law vided, That within 20 days following the service upon the petitioner of a copy of after being duly notified, fails to appear judge” or “judge” means any Adminis­ at the hearing, he shall be deemed to trative Law Judge, appointed pursuant the order of the Judge dismissing the petition, or any portion thereof, on the have authorized the dismissal of the to 5 U.S.C. 3105, and assigned to the proceeding, without further procedure, proceeding involved; ground that it does not substantially comply in form and content with the act and with or without prejudice as ***** or with paragraph (b) of this section, the the judge may determine. In the event that the petitioner appears at the hear­ (n) [Reserved! petitioner shall be permitted to file an amended petition. ing and no representative of the Depart­ (o) The term “ decision” means the ment appears, the judge shall proceed (3) Oral argument. Unless a written judge’s initial decision in proceedings ex parte to hear the evidence of the subject to 5 U.SIC. 556 and 557, and application for oral argument is filed by petitioner. Provided, That failure on the a party with the hearing clerk not later includes the judge’s (1) findings of fact part of such representative of the De­ and conclusions with respect to all ma­ than the time fixed for filing papers in partment to appear at a hearing shall terial issues of fact, law or discretion opposition to the motion, it shall be con­ sidered that the party does not desire not be deemed to be waiver of the De­ as well as the reasons or basis thereof, partment’s right to file suggested find­ (2) order, and (3) rules on findings, oral argument. The granting of a request to make oral argument shall rest in the ings of fact, conclusions and order; to conclusions and orders submitted by the be served with a copy of the judge’s discretion of the Judge. parties; initial decision and to appeal to the Sec­ * * * * * § 900.52a [Amended] retary with respect thereto. 2. In § 900.52, paragraph (b)(1), de­ 4. In § 900.52a the words “an applica­ ( C) * * * lete the words “ and directors” in the tion” and “Secretary” are deleted and in .(d) Evidence. second sentence and revise paragraph lieu thereof the words “ a motion” and * * * * * ' (c) to read as follows: “ administrative law Judge” are sub­ stituted. 1' (2) Objections. If a party objects to § 900.52 Institution o f proceeding. the admission or rejection of any evi­ * * * * * § 900.53 [Amended] dence or to the limitation of the scope of (c) Motion to dismiss petition.— (1) 5. In § 900.53, the words “presiding of­ any examination or cross-examination, Filing, contents, and responses thereto. ficer” and “Secretary are deleted and the or any other ruling of the judge, he shall If the Administrator is of the opinion word “judge” , is substituted in lieu state briefly the grounds of such objec­ that the petition, or any portion thereof, thereof. tion, whereupon an automatic exception does not substantially comply, in form 6. In the following sections the words will follow which may be pursued in an or content, with the act pr with the re- “ presiding officer(s),” “reports(s)” and appeal pursuant to § 900.65 by the party ' quirements of paragraph (b) of this sec­ “ exception(s) ” are deleted and in lieu adversely affected by the judge’s ruling- tion, or is not filed in good faith, or is thereof the words “judge(s)” “ decl- * * * * *

FEDERAL REGISTER, VOL. 38, NO. 207— MONDAY, OCTOBER 29, 1973 RULES AND REGULATIONS 29799

(e) [Reserved] statutes, regulations and authorities the merits of the proceeding with such 9. Section 900.64 is amended as being relied upon in support thereof. The a person if all parties to the proceeding, follows: appeal petition shall be served upon the or their representatives, have been given a. The words “presiding officer” are other party to the proceeding by the an opportunity to be present. If, notwith­ deleted where they appear in paragraph hearing clerk. standing the foregoing provisions of this (b) and in lieu thereof substitute the (b) Argument before Secretary.— (1) section, a memorandum or other com­ word “judge” . Oral argument. A party bringing an ap­ munication from any party, or from any b. Section 900.64 is further amended peal may request within the prescribed person acting on behalf of any party, to read as follows: time period for filing such appeal, an which relates to the merits of the pro­ § 900.64 The Administrative Law opportunity for oral argument before the ceeding, receives the personal attention Judge’s Decision. Secretary. Failure to make such request of the Secretary (or, if an official other in writing, within the prescribed time than the Secretary is to issue the order, (a) Corrections to and certification ofperiod, shall be deemed a waiver of oral then of such other official) during the transcript.—(1) At such time as the argument. The Secretary, in his discre­ pendency of the proceeding, such mem­ .judge may specify, but not later than the tion, may grant, refuse or limit any re­ orandum or communication shall be re­ time fixed for filing proposed findings quest for oral argument on appeal. of fact, conclusions and order, or briefs, garded as argument made in the proceed­ (2) Scope of argument. Argument toing and shall be filed with the hearing as the case may be, the parties may file be heard on appeal, whether oral or in with the judge proposed corrections to a written brief, shall be limited to the clerk, who shall serve a copy thereof upon the transcript. (2) As soon as practicable issues raised by the appeal, except that if the opposite party to file a reply thereto. after the filing of proposed findings of the Secretary determines that additional (b) Issuance of final order. A final fact, conclusions and order, or briefs, as issues should be argued, the parties shall order issued by the Secretary shall be the case may be, the judge shall file with be given reasonable notice of such deter­ filed with the hearing clerk, who shall the hearing clerk his certificate indicat­ mination, so as to permit preparation of serve it upon the parties: Provided, That, ing any corrections to be made in the adequate arguments on all the issues to transcript, and stating that, to the best be argued. if the terms of the order differ substan­ of his knowledge and belief, the tran­ (c) Response. Within 20 days after tially from those proposed in the decision script, as corrected, is a true, correct, service of an appeal brought by a party of the judge, the Secretary shall, if he and complete transcript of the testimony to* the proceeding, any other party may given at the hearing, and that the ex­ deems it advisable to do so, direct that file a response in support of or in oppo­ a copy of the order be served upon the hibits are all the exhibits properly a part sition to such appeal. of the hearing record. The original of (d) Transmittal of record. Whenever parties as a tentative order; and, in such such certificate shall be attached to the an appeal is filed by a party to the pro­ event, opportunity shall be given the original transcript and a copy of such ceeding, the hearing clerk shall transmit parties to file exceptions thereto and certificate shall be served upon each of to the Secretary the record of the pro­ written arguments or briefs in support of the parties by the hearing clerk who shall ceeding. Such record shall include: the also enter onto the transcript (without such exceptions. In such case, if excep­ pleadings; any motions and requests filed, tions are filed within a period of time obscuring the text) any correction noted and the rulings thereon; the transcript of in the certification. ' the testimony taken at the hearing, as (to be fixed by the Secretary but not to ***** well as the exhibits filed in connection exceed 20 days) following the service of (c) Administrative Law Judges Deci­ therewith; any statements filed under the tentative order, the Secretary shall sion.—The judge, within a reasonable the shortened procedure; any documents give consideration, to and shall make time after the termination of the period or papers filed in connection with pre- such changes in the tentative order as allowed for the filing of proposed find­ hearing conferences; such proposed find­ he deems to be appropriate; otherwise, ings of fact, conclusions, aiid orders, and ings of fact, conclusions, and orders, and briefs in support thereof, shall prepare briefs in support thereof, as may have the tentative order shall become final, upon the basis of the record, and shall been filed in connection with the hear­ as of the day following the date of ex­ file with the hearing clerk, his initial ing; the judge’s initial decision; and the piration of the period fixed for the filing decision, a copy of which shall be served appeal petition; briefs in support thereof, of exceptions. by the hearing clerk, upon each of the and responses thereto as may have been parties. Such decision shall become final filed in the proceeding. § 900.67 [Reserved] without further proceedings 35 days 11. Section 900.66 is revised to read as 12. Section 900.67 is deleted and after the date of service thereof, unless follows: reserved. there is an appeal to the Secretary by a party to the proceeding: Provided, how­ § 900.66 Consideration o f appeal by the Effective date. The foregoing amend­ ever, That no decision shall be final for Secretary and issuance o f final order. ments and revisions shall become effec- tion on October 29,1973. the purpose of judicial review except a As soon as practicable after the receipt final decision issued by the Secretary of the record from the hearing clerk, or, (Sec. .10, 48 Stat. 37, as amended; 7 U.S.C. pursuant to an appeal by a party to the 610 and Sec. 5, 49 Stat. 753 As Amended; 7 in case oral argument was had, as soon U.S.C. 608c.) proceeding. as practicable thereafter, the Secretary, (d) [Deleted] upon the basis of and after due consider­ J. P h i l C a m p b e l l , Under Secretary. (e) [Deleted] ation of the record, shall rule on the ap­ O ctober 24,1973. 10. Section 900.65 is revised to read aspeal. If the Secretary decides that no follows: change or modification of the judge’s [FR Doc.73-22966 Filed 10-2^-73;8:45 am] decision is warranted, he may adopt the § 900.65 Appeals to Secretary: trans­ mittal of record. Judge’s decision as the final order of the PART 929— HANDLING OF CRANBERRIES Secretary, preserving any right of the GROWN IN THE STATES OF MASSA­ (a) Filing of appeal. Any party whoparty bringing the appeal to seek judicial CHUSETTS, RHODE ISLAND, CON­ disagrees with a judge’s decision or any review of such decision in the proper NECTICUT, NEW JERSEY, WISCONSIN, Part thereof, may appeal ,the decision forum. At no stage of the proceeding MICHIGAN, MINNESOTA, OREGON, to the Secretary by transmitting an ap­ between its institution and the issuance WASHINGTON, AND LONG ISLAND IN peal petition to the hearing clerk within of the order shall the Secretary discuss THE STATE OF NEW YORK 30 days after service of said decision ex parte the merits of the proceeding upon said party. Each issue set forth in Order Amending the Amended Order with any person who is connected with Regulating Handling the appeal, and the arguments thereon, the proceeding in an advocative or an shall be separately numbered; shall be investigative capacity, or with any rep­ § 929.0 Findings and determination. plainly and concisely stated; and shall resentative of such person: Provided, The findings and determinations here­ contain detailed citations of the record, however, That the Secretary may discuss inafter set forth are supplementary and

FEDERAL REGISTER, VOL. 38, NO. 207— M ONDAY, OCTOBER 29, 1973 No. 207— Pt. i ------2 29800 RULES AND REGULATIONS in addition to the findings and determi­ suant to said effective date, liberalized be for 2 years beginning August 1 and nations made in connection with the requirements as to reporting of inter­ ending on the second succeeding July 31. issuance of the order; and all o f said handler transfers. The amendment also Members and alternate members shall previous findings and determinations affords the Cranberry Marketing Com­ serve in such capacity for the portion of are hereby ratified and affirmed except mittee a timely opportunity to promul­ the term of office for which they are insofar as such findings and determina­ gate administrative rules and regula­ selected and have qualified and until tions may be in conflict with the findings tions setting late-payment and interest their respective successors are selected and determinations set forth herein. charges as incentives, to handlers, to and have qualified. (a) Findings upon the basis of the make timely payment of assessments 2. Section 929.22 Nominations is hearing record.—-Pursuant to the Agri­ due. amended by revising subparagraphs (1), cultural Marketing Agreement Act of The provisions of the order are well (2), and (3) of paragraph (b) thereof. 1937, as amended (7 U.S.C. 601-674), and known to handlers of cranberries since As amended paragraph (b) reads as the applicable rules of practice and pro­ the public hearing thereon was com­ follows: cedure effective thereunder (7 CFR Part pleted on February 27,1973, and the rec­ § 929.22 'Nominations. 900), a public hearing was held in Ware- ommended decision and the final deci­ * * * * * ham, Massachusetts, on February 14, in sion were published on May 31, 1973 (38 Wisconsin Rapids, Wisconsin, on Febru­ FR 14290) , and August 22, 1973 (38 FR (b) Successor'members.— (1) Any co­ ary 22, and in LOng Beach, Washington, 22554), respectively. Copies of this order operative marketing organization that on February 27, 1973, upon proposed were made available to all known inter­ handled more than two-thirds Df the amendment of the amended marketing ested parties, and the provisions being total volume of cranberries produced agreement and Order No. 929 (7 CFR made effective upon publication hereof during the fiscal period during which Part 929) regulating the handling of do not place any obligations on handlers nominations for membership on the com­ cranberries grown in the States of until such time as may subsequently be mittee are made, or the growers affiliated Massachusetts, Rhode Island, Connecti­ prescribed in accordance therewith. .therewith, shall nominate four or more cut, New Jersey, Wisconsin, Michigan, (c) Determinations. It is hereby de­qualified persons for members and four or more qualified persons for alternate Minnesota, Oregon, Washington, and termined that; members of the committee. At least one Long Island in the State of New York. (1) The agreement amending the Upon the basis of the evidence adduced such nominee for member and one-such marketing agreement, as amended, nominee for an alternate member shall at such hearing and the .record thereof, regulating the handling of cranberries it is found that: represent growers in the State of Oregon grown in the States of Massachusetts, and the State of Washington. The names (1) The said order, as amended and Rhode Island, Connecticut, New Jersey, and addresses of such nominees shall be as hereby further amended, and all of Wisconsin, Michigan, Minnesota, Ore­ submitted to the Secretary not later than the terms and condition thereof, will gon, Washington, and Long Island in the July 1 of each even-numbered year. tend to effectuate the declared policy of State of New York, upon which the (2) The committee shall hold or cause the act; aforesaid public hearing v was held, has to be held, not later than July 1, of each (2) The said order, as amended and been signed by handlers (excluding co­ even-numbered year, meetings of grow­ as hereby further amended, regulates operative associations of producers who ers in Districts 1, 2, and 3, other than the handling of cranberries grown in the were not engaged in processing, distrib­ those affiliated with the cooperative mar­ production area in the same manner as, uting, or shipping the cranberries cov­ keting organization designated in para­ and is applicable only to persons in the ered by this order) who, during the pe­ graph (b) (1) of this section, .to elect respective classes of commercial or in­ riod September 1, 1972, through July 31, nominees for member and alternate dustrial activity specified in, the mar­ 1973, handled more than 50 percent of member positions on the committee. keting agreement and order upon which the volume of cranberries covered by the (1) With respect to such meeting in hearings have been held; order, as hereby amended; District 3, eligible growers in District 4 (3) The said order, as amended and (2) The issuance of this order, amend­ shall be permitted to attend the meeting as hereby further amends, is limited in ing the aforesaid order, is favored or ap­ and participate in the selection of its application to the smallest regional proved by at least two-thirds of the pro­ nominees. Such growers shall be eligible production area that is practicable, con­ ducers who participated in a referendum to be nominated for and serve as mem­ sistent with carrying out the declared on the question of its approval and who, ber or alternate member. Eligible growers policy of the act; and the issuance of during the determined representative in District 4 who do not attend the nomi­ several orders applicable to subdivisions period (September 1, 1972, through nation meeting shall be afforded an op­ of the production areas would not effec­ July 31, 1973), were engaged in the pro­ portunity to participate in the selection tively carry out the declared policy of duction area specified in the order, in of nominees by mail. Selection of the the act; the production of cranberries for mar­ nominee for member and the nominee (4) There are no differences in the ket; such producers having also pro­ for alternate member from Districts 3 production and marketing of cranber­ duced for market at least two-thirds of and 4 shall be on the basis of the total ries grown in the production area which the volume of cranberries represented in vote of the eligible growers who attended make necessary different terms and pro­ such referendum. the meeting plus any mail ballots cast visions applicable to different parts of (3) The issuance of this order, amend­ by District 4 growers.* such area; and ing the aforesaid order, is favored or ap­ (ii) Except as hereinbefore provided, (5) All handling of cranberries grown proved by processors who canned or the growers in each such district who in the production area, as defined in the froze, within the production area, more are present at the meeting, including order, as amended and as hereby fur­ than 50 percent of the volume of cran­ District 4 growers who are present at ther amended, is in the current of inter­ berries that was canned of frozen. the District 3 meeting, shall nominate state or foreign commerce or directly It is therefore ordered, That, on and one or more qualified persons for member burdens, obstructs, or affects such com­ after the effective date hereof, all han­ and one or more qualified persons for merce. dling of cranberries grown in the pror alternate member of the committee. The (b) Additional findings. It is hereby duction area shall be in conformity to, names and addresses of such nominees found, on the basis hereinafter indicated, and in compliance with, the terms and shall be submitted to the Secretary not that good cause exists for making the conditions of the said order, as amended later than July 1 of each even-numbered provisions of this amendment effective and as hereby further amended, as year. The committee shall prescribe such not later than November 1, 1973; and follows: procedure for the conduct of nomination that it would be contrary to the public 1. Section 929.21 Term of office is re­ meetings and for the submission of interest to postpone the effective time vised to read as follows: names of candidates and voting by mail of such provisions, until 30 days after by District 4 growers as shall be fair publication C5 U.S.C. 553). This amend­ § 929.21 Term o f office. and equitable to all persons concerned. ment includes certain provisions making The term of office of each member and (3) Except as set forth in subpara­ available to handlers this season, pur- alternate member of the committee shall graph (2) of this paragraph, growers

FEDERAL REGISTER, V O L ¿ 8 , NO . 207— M O NDAY, OCTOBER 29, 1973 RULES AND REGULATIONS 29801

shall only participate in the nomination mittee during the crop year together each at a time specified by the committee. of members and alternate members to with its recommendation of the free and 8. Section 929.56 Special provisions represent the district in which they pro­ restricted percentages and beginning relating to withheld (restricted) cran­ duced cranberries. with 1974-75 crop year, the recommended berries is amended by adding new para­ (4) When voting for nominees, eachallotment percentages, if any, for the graphs (e) and (f) reading as follows: grower shall be entitled to cast only one crop year; and vote on behalf of himself, his agents, sub­ (9) Other factors having a bearing on § 929.56 Special provisions relating to sidiaries, affiliates, and representatives the marketing of cranberries. withheld (restricted) cranberries. for each position to be filled. 6. Section 929.54 Withholding is * * * * * 3. Section 929.23 Selection is amended amended by revising paragraph (a) (e) Cranberries purchased by the com­ by revising paragraph (b) thereof to thereof to read as follows: mittee to replace released cranberries read as follows: shall be inspected and shall meet such § 929.54 Withholding. § 929.23 Selection. standards as are prescribed for withheld (a) 'Whenever the Secretary has fixed cranberries. * * * * . • the free and restricted-percentages for (f ) Inspection of withheld cranberries (b) Successor members.—From the any fiscal period, as provided for in released to a handler is not required. nominations made pursuant to § 929.52(a), each handler shall withhold (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. § 929.22(b) (1), or from other qualified from handling a portion of the cran­ 601-674.) persons, the Secretary shall select four berries he acquires during such period: members of the committee and an alter­ Provided, That such withholding require­ Dated October 23, 1973, to become ef­ nate fgr each such member. From the ments shall not apply to any lot of cran­ fective November 1,1973. nomination made pursuant to § 929.22(b) berries for which such withholding re­ J. P h i l C a m p b e l l , (2), or from other qualified persons, the quirement previously has been met by Under Secretary. Secretary shall select three members of another handler in accordance with [FR Doc.73-22891 Filed 10-26-73;8:45 am] the committee and an alternate for each § 929.55. The withheld portion shall be such member. equal to the sum of the products ob­ 4. Section 929.41 Assessments is tained by multiplying each of the follow­ CHAPTER X— AGRICULTURAL MARKET­ amended by adding a new paragraph ing quantities, as applicable, by the re­ ING SERVICE (MARKETING AGREE­ (c) reading as follows: stricted percentage: MENTS AND ORDERS; MILK), DEPART­ MENT OF AGRICULTURE § 929.41 Assessments. (1) The quantity of screened cran­ berries acquired: [Milk Order No. 50] * * * * * (2) The quantity of screened cran­ (c) If a handler does not pay his as­ PART 1050— MILK IN THE CENTRAL berries obtained at the time unscreened ILLINOIS MARKETING AREA sessment within the period of time pre­ lots of cranberries are screened: Pro­ scribed by the committee, the assessment vided, That, if the cranberries have not Order Suspending Certain Provisions may be increased by either or both a been screened by a date specified by the This suspension order is issued pur­ late payment charge and an interest committee, with the approval of the suant to the provisions of the Agricul­ charge at rates prescribed by the com­ Secretary, as the date by which each tural Marketing Agreement Act of 1937, mittee, with the approval of the handler shall have met the withholding as amended (7 U.S.C. 601 et seq.), and of Secretary. , requirement, the quantity of screened the order regulating the handling of milk 5. Section 929.46 Marketing policy is cranberries shall be determined as set in the Central Illinois marketing area. amended by revising paragraph (b) forth in paragraph (a )(3 ) of this sec­ It is hereby found and determined thereof to read as follows: tion; and that for the months of October through § 929.46 Marketing policy. (3) The quantity of screened cran­ December 1973, the following provisions * * * * * . berries contained in unscreened lots of of the order do not tend to effectuate the cranberries acquired (i) which are des­ declared policy of the Act: (b) A^soon as practicable after Au­ tined for disposition without screening, gust 1 of each crop-year and prior to In § 1050.61(a) the term “route dis­ or (ii) but which have not been screened making any recommendations pursuant position” as it first appears, and the prior to the date referred to in paragraph to paragraphs (b) (7) and (8) of this term “route” ,as it subsequently appears (a) (2) of this section. The committee, section or to § 929.51, the committee shall twice therein. with the apprbval of the Secretary; shall submit to the Secretary a report setting prescribe uniform rules to-be followed in S t a t e m e n t o f C onsideration forth its marketing policy for the crop- determining the quantity of. screened year. Such marketing policy shall con­ This suspension action removes the cranberries in each lot of unscreened limit on the categories of Class I disposi­ tain the basis therefor and information cranberries. relating to : tion in Federal order marketing areas to (1) The estimated total production of * * * * * . be counted in the determination of cranberries; 7. Section 929.55 Interhandler trans­ whether a distributing plant has a (2) The expected general quality of fer is revised to read as follows: greater volume of Class I sales in the Central Illinois marketing area than in such cranberry production; § 929.55 Interhimdler transfer. (3) The estimated carryover, as of any other Federal order marketing area. September 1, of frozen cranberries and (a) Transfer of cranberries from one For distributing plants that meet the other cranberry products; handler to another may be made without minimum pooling provisions of more (4) The expected demand conditions prior notice to the committee. I f such than one order, full regulation is pro­ for cranberries in different market transfer is made between handlers who vided under the order for the market outlets; have packing or processing facilities lo­ where the greatest volume of Class I sales (5) Supplies of competing com­ cated within the production area, the is made. Under the Central Illinois order, modities; assessment and withholding obligations only Class I route disposition is now provided under this part shall be as­ counted in such determination. This (6) Trend and level of consumer suspension would provide for counting, income; sumed by the handler who agrees to meet such obligation. I f such transfer is to a additionally, Class I disposition to order (7) The recommended desirable total handler whose packing or processing plants in the respective marketing areas, marketable quantity of cranberries in­ facilities are outside the production area, as is provided under the Quad Cities- cluding a recommended adequate carry­ such assessment and withholding obli­ Dubuque order. over into the following crop year of gations shall be met by the handler Mississippi Valley Milk Producers As­ frozen cranberries and other cranberry within the production area. sociation, Inc., requests the suspension products; (b) All handlers shall report all such action to facilitate continued pooling of <8) Regulation pursuant to § 929.52 transfers to the committee, on a form the Borden, Inc., Pekin, Illinois, distrib­ expected to be recommended by the com- provided by the committee, twice a year uting plant under the Central Illinois

FEDERAL REGISTER, VOL. 38, NO. 207— M ONDAY, OCTOBER 29, 1973 29802 RULES AND REGULATIONS order rather than under the Quad Effective date: October 29,1973. value. The limitation of 80 percent set Cities-Dubuque order during the months forth in subdivision (i) of subparagraph Signed at Washington, D;C., on Octo­ (1) of this paragraph shall be 90 per­ of October through December 1973. This ber 24, 1973. producer association supplies the Pekin cent in the case of any loan with re­ J . 'P h i l C a m p b e l l , spect to which the following require­ plant with producer milk. Under Secretary. Over one-third of the Class I disposi­ ments are met: tion pooled under the Central Illinois [FR Doc.73-22967 Filed 10-26-73;8:45 am ] ***** order is associated "with the "Pekin plant. (iii) The loan contract requires ‘that, If this plant were to shift Tegulation to Title 12— Banks and Banking in addition to interest and principal pay­ the Quad Cities-Dubuque market at this CHAPTER V— FEDERAL HOME LOAN ments on the loan, the equivalent of time, the change in the respective Class I BANK BOARD one-twelfth of the estimated annual utilization percentages of these markets taxes and assessments on the real estate SUBCHAPTER C— FEDERAL SAVINGS AND LOAN would have a disruptive impact on milk SYSTEM security be paid monthly in advance to procurement by regulated plants. PART 545— OPERATIONS the association; Under the present Quad Cities-Du­ * V * ^ * * * buque order the Class I price applicable Amendment Relating to Insurance (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. at the Pekin plant location is 6 cents be­ Premiums 1464. Reorg. Plan No. 3 of 1947, 12 F R 4981, low the Central Illinois order Class I O ctober 17, 1973. 3 CFR, 1943-48 Comp., p. 1071.) price at such plant location. The Quad Cities order does not provide for any ad­ The Federal Home Loan Bank Board By the Federal Home Loan Bank justment to order prices at a plant lo­ considers it desirable to amend § 545.6- Board. 1(a) (4) (iii) of the Rules and Regula­ cated in Pekin. Therefore, pooling the [ s e a l ] E u g e n e M. H errin, Pekin plant under the Quad Cities-Du­ tions for the Federal Savings and Loan Assistant Secretary. System (12 CFR 545.6-1 (a) (4) ) in or­ buque order at this time would adversely [FR Doc.73-22904 Filed 10-26-73;8:45 am] affect the aforementioned association in der to eliminate the requirement for its efforts to continue supplying milk to loans in excess of 80 percent of value on the plant, since substantial additional the. security of single-family dwellings Title 14— Aeronautics and Space hauling costs are incurred in moving its .that insurance premiums be paid in ad­ CHAPTER I— -FEDERAL AVIATION ADMIN­ milk to the Pekin location compared to vance to the association. ISTRATION, DEPARTMENT OF TRANS­ plants located Within the Quad Cities- For such loans, § 545.6-1 (a) (4) (iii) PORTATION provides that the loan contract shall re­ Dubuque market, which are about 100 [Airworthiness Docket No. 73-SW-51; miles nearer to its producers’ farms. quire * * in addition to interest and Amdt.39-1737] At a public hearing held in Moline, principal payments on the loan, the PART 39— AIRWORTHINESS DIRECTIVES Illinois, on September 5, 1973, Missis­ equivalent of one-twelfth of the esti­ sippi Valley Milk Producers Association mated annual taxes, assessments, and Aircraft Parts and Development Corp. proposed an amendment to the Central insurance premiums on the real estate ' Callair A -9 Series Airplanes security be paid monthly in advance to Illinois order that would have the same A proposal to amend Part 39 of the effect as this suspension action. There the association; but a Federal associa­ tion may waive such requirement in the Federal Aviation Regulations to include was no opposition to the proposal, either an airworthiness directive requiring in­ at the hearing or in the brief that was case of insurance covering security property in a condominium project for spection of the wing lift struts for dele­ subsequently filed. The subject provisions tion of welds and repair or replacement were suspended for the month of Au­ which blanket insurance coverage is ob­ tained by the project management”. as necessary -on Aircraft Parts and De­ gust 1973 (38 FR 22216) .’Notice of such velopment Corp. (Callair) A-9, A-9A, proposed rulemaking was published in The Board considers it appropriate to delete this insurance prepayment re­ and A-9B airplanes was published in 38 the F ederal R egister (38 F R 20626), FR 21936. affording opportunity to file written quirement and the last clause of § 545.6- data, views, and arguments thereon. 1(a) (4) (iii) because it is reasonable to Interested persons have been afforded an opportunity to participate in the mak­ None were filed in opposition. expect a borrower to pay, without diffi­ It is hereby found and determined that culty, the full amount of the annual ing of the amendment. No objections thirty days’ notice of the effective date premium for insurance coverage of a were received. hereof is impractical, unnecessary and security property. In consideration of the foregoing, and contrary to the public interest in that: Accordingly, the Federal Home Loan pursuant to the authority delegated to (a) This suspension is necessary to re­ Bank Board hereby amends said § 545.6- me by the Administrator (31 FR 13697), flect current marketing conditions and to 1 (a) (4) by revising paragraph (iii) paragraph 39.13 of Part 39 of the Federal maintain orderly marketing conditions thereof to read as set forth below, ef­ Aviation Regulations is amended by add­ in the marketing area in that it would fective October 29,1973. ing the following new airworthiness facilitate pooling a major portion of the Since the above amendment to directive: market’s Class I utilization during the § 545.6-1 (a) (4) (iii) relieves restriction, A ircraft P arts and D evelopment C orpora­ months of October through December the Board hereby finds that notice and t io n . Applies "to Models A-9, A-9A, and 1973. public procedure with respect to said A—9B. (b) This suspension order does not re­ amendment are unnecessary under the Compliance required within the next 100 quire of persons affected substantial or hours’ time in service after the effective date provisions of 12 CFR 508.11 and 5 U.S.C. o f this A .D ., unless already accomplished. extensive preparation prior to the effec­ 553(b) ; and since publication of said To prevent water accumulation in the wing tive date; and amendment for the 30-day period spe­ lift struts and associated detrimental effects, (c) Producers and handlers requested cified in 12 CFR 508.14 and 5 UJS.C. accomplish the following: this suspension at a public hearing held 553(d) prior to the effective date of said (a) Inspect visually for welds on botn on September 5, 1973. Interim action is amendment would in the opinion of the sides of the four wing lift struts at the necessary pending amendatory proce­ Board likewise be unnecessary for the P/N 10671 eye fittings. A 360° fillet weld dures. same reason, the Board hereby provides is required around the eye fitting shank on both sides of the lift strut to seal the strut Therefore, good cause exists for mak­ that said amendment shall become e f­ against moisture. These fittings provide for ing this order effective for the months of fective as hereinbefore set forth. attachment of the lift struts to the stabiliz­ October, November, and December 1973. ing struts. It is therefore ordered, That the afore­ § 545.6-1 Lending powers under sec­ tions 13 and 14 of Charter K. (b) If the welds between the eye fittings said provirions of the order .are hereby and the lift struts do not provide a com­ suspended for the months of October * * * * * plete seal as specified above, the lift strut through December 1973. (a) Homes or combination of homes should he removed and checked for water and business property * * * Ingestion visually and for corrosion by x-ray. (Secs. 1-U9, 48 Stat. 31,;as amended; 7 U.S.C. ultrasonic or equivalent method approved 601-874.) (4) Loans in excess of 80 percent of

FEDERAL REGISTER, V O L 38, N O . 207— M ONDAY, OCTOBER 29, 1973 RULES AND REGULATIONS 29803

by the Chief, Engineering and Manufactur­ 51A thru L-9575-51A, L-9577-51A thru approved by Chief, Engineering and Manu­ ing Branch, PAA, Southwest Region. L-9597—51A, L-9599-51A, L-9609-51A thru facturing Branch, FAA, Eastern Region. (1) If no water or corrosion is present in L —9612—51A, L-9615-51A, L-9616-51A, L-9618- The manufacturer’s specifications and the strut, weld the eye fitting to the strut 51A, L—9620-51A thru L-9622-51A, L - procedures identified and described in this 360° on both sides of the strut and reinstall 9624-51A thru L-9627-51A, L-9657-51A directive are incorporated herein and made the strut. thru L-9666-51A, L-9669-51A thru L- a part hereof pursuant to 5 U.S.C. 552(a) (2) If water is present in the strut (with­ 9678-51A, L—9681—51A, L-9685-51A thru (1 ). All persons affected by this directive out corrosion), dry the strut, flush with L—9691—51A, L-9693—51A thru L-9696-51A, who have not already received these docu­ linseed oil, weld the eye fitting to the strut L-9700-51A, L-9739-51A, L-9748-51A, L-9749- ments from the manufacturer, may obtain 360° on both sides of the strut and reinstall 51A, L-9751—51A thru L-9754-51A, L-9756- copies upon request to Avco Lycoming Divi­ the strut. 61A thru L—9761-51A, L-9767-51A thru sion, Service Department, W illiamsport, (3) If corrosion is found, before further L-9995—51A, L-10002-51A thru L-10004-51A, Pennsylvania 17701. These documents may flight, the affected lift strut must be re­ L—10012-51A, L—10013—51A, L-10021-51A, also'be examined at the Engineering and placed or corrosion must be removed in ac­ thru L-9909—51A, L-9914-51A thru L-9928- M-vnufacturing Branch, Federal Aviation cordance with a procedure approved by the 51A, L—9937—51A, L-9939-51A, L-9940-51A, Administration, Eastern Region, Federal Chief, Engineering and Manufacturing L—9964—51A, L-9981-51A, L-9982-51A, L-9986- Building, John F. Kennedy International Branch, FAA, Southwest Region. 51A thru L—9988—51A, L-9990-51A thru Airport, Jamaica, New York 11430. A his­ L-9995-41A, L-10002-51A thru L-10004-51A, (c) If the welds between the' eye fittings torical file on this AD which includes the L-100012-51A, L—10013-51A, L-10021-51A, incorporated material in full is maintained and the lift struts provide a complete seal L-10076-51A, 1^-10078-51A, L - 10079-51A, as specified above, no further action is by the FAA at its Eastern Region L—10085—51A, L - l 0086-51A, L-10095-51A thru required. Headquarters. L-10105-51A, L-10108-51A thru L-10114-51A,. (APDC Service Bulletin No. A-23 L-10116-51A, L—10117—51A, L-10126—51A thru This amendment is effective Novem­ covers this same subject.) L—10136-51A, L-10139—51A, L-10141-51A thru ber 1, 1973. This amendment becomes effective L —10149—51A, L-10181—51A thru L-10183-51A, (Secs. 313(a), 601 and 603 of the Federal November 20, 1973. L-10187—51A thru L-10194-61A, L-10197-61A Aviation Act of 1958 [49 U.S.C. 1354(a), 1421 thru. L-10201—51A, L-10204-51A thru L - and 1423], and section 6(c) of the Depart­ (Sec. 313(a), 601, and 603 of the Federal 10226—51A. RL—778-51A, RL-1642-51A, R L - ment of Transportation Act [49 U.S.C. Aviation Act of 1958 (49 U.S.C. 1354(a), 2508-51A, RL—2562—51A, RL-2672-51A, R L - 1655(c) ].) 1421, and 1423) section 6(c) of the Depart­ 3048-51A, RL-3464-51A, RL-5652-51A, ment of Transportation Act (49 U.S.C. RL-5751—51A, RL-6331-51A, RL-6744-51A, Issued in Jamaica, N.Y., on October 18, 1655(c)).) RL-7357—51A, RL-7422-51A, RL-7806-51A, 1973. RL-7886—51A, RL-8000-51A, RL-8872-51A. Issued in Port Worth, Texas, on Oc­ L. J. C a r d in a l i, tober 11, 1973. LIO-360-A and -C Series Acting Director, Eastern Region. Serial Numbers: L-440-67A thru L-461-67A, [FR Doc.73-22919 Filed 10-26-73;8:45 am] H e n r y L. N e w m a n , I L-487—67A thru L-498-67A, L-513-67A thru Director, Southwest Region. L-516-67A, L—518—67A, L-572-67A thru L - 577-67A, L-620-67A, L-622-67A thru L-633- [Airspace Docket No. 73-NE-2] [FR Doc. 73-22897 Filed 10-26-73;8:45 am] 67A, L-645-67A thru L-652-67A. PART 71— DESIGNATION OF FEDERAL 0-540—E4A5, -E4B5, -E4C5, -G1A5 AIRWAYS, AREA LOW ROUTES, CON­ [Docket No. 73-EA-74; Arndt. 39-1738] Serial Numbers: L-15062-40, L-15063-40, TROLLED AIRSPACE, AND REPORTING L—15108—40, L-15117—40, L-15132-40, L-15133- POINTS PART 39— AIRWORTHINESS DIRECTIVE 40, L-15161-40, L-15221-40, Ir-15222-40, L - 15225-40 thru L-15227-40, L-15242-40 thru Alteration of Provincetown, Mass., Lycoming Aircraft Engines L—15249-40, L-15300—40, L - l 5310-40 thru L - Transition Area v 15314-40, L-15322-40, L-15323-40, L-15325- The Federal Aviation Administration Correction is amending § 39,13 of Part 39 of the 40. RL-10859—40, RL-11420-40, RL-11862-40, Federal Aviation Regulations so as to RL-13058—40. In FR Doc. 73-21217 appearing on page issue an airworthiness directive appli­ 10—540—AlA5, -B1A5, -EÌA5, -K1A5, -K1B5, 27600 in the issue for FWday, October 5, cable to Lycoming Aircraft Engines. -K1C5, -K1E5, -K1ED5 " 1973, the agency airspace docket number There have been reports of failures of Serial Numbers: L-10118-48 thru L-10122- should read as set forth above. 48, L-10124—48 thru L-10127-48, L-10144--48, piston pin P/N 69650 in the subject air­ L—10145—48, L—10209—48, L-10213-48, L-10221- [Airspace Docket No. 73-EA-91 ] craft engines. This failure can and has 48 thru L—10260-48, L-10263-48 thru L-10267- caused engine stoppage and damage. The 48, L—10398—48, L-10524r-48 thru L-10528-48, PART 71— DESIGNATION OF FEDERAL cause has been attributed to grinding L—10545-48 thru L - l 0547-48, L - l 0554-46 thru AIRWAYS, AREA LOW ROUTES, CON­ cracks resulting from the manufactur­ L - l 0556-48. R L-1 13-48, RL-622-48, RL-7116- TROLLED AIRSPACE, AND REPORTING ing process. Since this deficiency can 48, RL-1606-48, RL-2015-48. POINTS exist or develop in engines of similar type TIO—540—A2B, -A2C, -CIA; TIO & LTIO- Alteration of Control Zone design, an airworthiness directive is be­ 540-J2BD ing issued which will require an inspec­ Serial Numbers: L-2412-61 thru L-2414-61, The Federal Aviation Administration tion and replacement when necessary of L-2416-61 thru L-2419-61, L-2489-61 thru is amending § 71.171 of Part 71 of the the piston pin. L-2498-61, L-2500—61 thru L-2503-61. R L - Federal Aviation regulations so as to al­ 122-61, RL-226—61, RL-759-61, RL-1263-61, ter the Clarksburg, W. Va., Control Zone In consideration of the foregoing and RL-1268-61. pursuant to the authority delegated to (38 FR 365). me by the Administrator, 14 CFR 11.89 IGSO-540-A and -B Series Due to a change in the daily weather Serial Numbers: L-3060-50, L-3061-50, L - reporting and air carrier services of Al­ (31 PR 13697) § 39.13 of Part 39 of the 3070-50, L-3071—50, L-3074-50, L-3085-50 Federal Aviation Regulations is amended thru L-3087—50, L-3090-50. RL-315-50, R L - legheny Airlines, of one hour Monday by adding the following new Airworthi­ 518-50, RL-528—50, RL-821-50, R L-1100-50, through Saturday, an alteration of the ness Directive: R L-1151—50, RL-1174-50, RL-1216-50, R L - description of the zone is required. How­ 1517-50, RL—1558—50, RL-1591-50, RL-1682- ever, the change is a minor one and thus Avco L yc o m in g . Applies to all Lycoming 50, RL-1694—50, RL-1788-50, RL-2003-50, R L - notice and public procedure hereon are Series engines and all engines overhauled 2385-50, RL-2464—50, RL-2479-50, RLr- unnecessary and the amendment may be by Lycoming (also known as remanufac­ 2543-50, RL-2604—50, RL-2907-50. tured) listed in Lycoming Service Bulle­ made effective in less than 30 days. tin No. 367A. IO-720-A, —B and —C Series In view of the foregoing, Part 71 of the Serial Numbers: L - 505-54 thru L-529-54, Federal Aviation regulations is amended, IO-360-A and -C Series L—532—54 thru L-538-54, L-540-54, L-541-54, Serial Numbers: L-9409-51A, L9410-51A, L-546-54 thru L-554-54. effective on October 29, 1973, as follows: L-9415-51A thru L-9417-5IA, L-9419-51A, Compliance required within 50 hours in 1. Amend § 71.171 of Part 71, Federal L-9420-51A, L-9422—51A thru L-9427-51A, service after the effective date of this AD, Aviation regulations so as to amend the L-9438-51A thru L-9441-51A, L-9443-51A unless already accomplished. description of the Clarksburg, W. Va., thru L-9453-51A, L-9459-51A thru L-9488- To prevent piston pin failures resulting Control Zone by deleting the last line in 51A, L-9492-51A thru L-9496-51A, L-9503- from grinding cracks which occurred during oLA, L-9504-51A, L-9529-51A, L-9530-51A, manufacture, comply with Lycoming Service the description and by substituting in L-9549-51A, L9559-51A, L-9564-51A, L-9573- Bulletin No. 367B or equivalent procedure lieu thereof the following:

FEDERAL REGISTER, VOL. 38, NO . 207— M ONDAY, OCTOBER 29, 1973 29804 RULES AND REGULATIONS

This Control Zone shall be in effect from FR 13635), designating the Dallas-Ft. port) control zone to make it effective 24 0600 to 2300 hours, local time, Monday Worth, Tex., Group I Terminal Control hours daily in lieu of part time. Since through Saturday; 0700—2300 hours, local Area (TCA) effective September 30,1973, these amendments lessen the burden on time Sunday. coincidental with the opening of the new the public, notice and public procedure (Sec. 307(a), Federal Aviation Act of 1958, Dallas-Ft. Worth Airport. hereon are unnecessary. 72 Stat. 749; 49 TT.S.C. 1348; sec. 6 (c ), De­ The official opining of the Dallas-Ft. In consideration of the foregoing, Part partment of Transportation Act (49 U.S.C. 71 of the Federal Aviation Regulations is 1655(c)). Worth Airport was delayed, and on Au­ gust 31, 1973, ail amendment was pub­ amended, effective 0901 g.m.t„ Octo­ Issued in Jamaica, N.Y., on October lished delaying the effective date of the ber 17, 1973, as hereinafter set forth. 4, 1973. Dallas-Ft. Worth, Tex., TCA to Octo­ In §71.171 (38 FR 351), the Rocky R obert H. S tanton, ber 28,1973 (38 FR 23514). Mount, N.C., control zone is revoked, and Director, Eastern Region. the Rocky Mount, N.C., (Rocky Mount- The official opening of the Dallas-Ft. Wilson Airport) control zone is re­ [FR D oc.73-22878 Filed 10-26-73;8:45 am] Worth Airport has again been delayed designated as: until 0601 G.m.t. January 13, 1974. Ac­ R o c k y M o u n t, N.C. [Airspace Docket No. 37-EA-65] cordingly, the effective date of the re­ lated terminal control area should be Within a [¡-mile radius of Rocky Mount- PART 71— DESIGNATION OF FEDERAL postponed to coincide with the opening Wilson Airport (Lat. 35°51'17" E., Long. AIRWAYS, AREA LOW ROUTES, CON­ of the new airport. 77”53'34" W .). TROLLED AIRSPACE, AND REPORTING Since it is desirable that the public be (Sec. 307(a) of the Federal Aviation Act of POINTS made aware of this postponement im­ 1958 (49 U.S.C. 1348(a)) and of Sec. 6(c) of Alteration of Transition Area mediately, notice and public procedure the Department of Transportation Act (49 thereon are impracticable and good cause U.S.C. 1655(c).) On page 21797 of the F ederal R egister for August 13,1973, the Federal Aviation exists for making this amendment effec­ Issued in East Point; Ga., on October Administration published a proposed tive immediately. 12, 1973. regulation so as to alter the Wise, Va., In consideration of the foregoing, FR P h il l ip M. S w atek, Transition Area (38 FR 602). Doc. 73-10331 (38 FR 13635) is amended, Director, Southern Region. Interested parties were given 30 days effective October 29, 1973, as hereinafter [FR Doc.73-22895 Filed 10-26-73;8:45 am] after publication in which to submit set forth: The effective date “ 0601 G.m.t., written data or views. No objections to October 28, 1973” is deleted and “0601 [Airspace Docket No. 73-GL-45] the proposed regulation have been G.m.t., January 13, 1974” is substituted therefor. PART 71— DESIGNATION OF FEDERAL received. AIRWAYS, AREA LOW ROUTES, CON­ The proposed alteration of the Wise, (Sec. 307(a), Federal Aviation Act of 1958 (49 TROLLED AIRSPACE, AND REPORTING Virginia, transition area was based on U.S.C. 1348(a)); sec. 6(c), Department of POINTS a revision of a procedure predicated on Transportation Act (49 U.S.C.1655(c) ).) the Wise radio beacon. The Wise beacon Alteration of Transition Area failed to pass flight inspection at its pres­ Issued in Washington, D.C., on Octo­ ber 15, 1973. The purpose of this amendment of Part ent site. Therefore, the transition area 71 of the Federal Aviation Regulations is extension based on the beacon must be C harles H. N e w p o l , to alter the Lafayette, Indiana transition deleted. The resultant transition area Acting Chief Airspace and area. airspace will be smaller than that pro­ Air Traffic Rules Division. The instrument approach procedure to posed or as it existed from previous des­ [FR Doc.73-22879 Filed 10-26-73;8:45 am] the Aretz Airport has been cancelled. ignation. Thus notice and public proce­ Therefore, the transition area protecting dure are unnecessary on the proposal as this procedure is no longer required. [Airspace Docket No. 73-SO-66] amended. Since this change is minor in nature In view of the foregoing, the proposed PART 71— DESIGNATION OF FEDERAL and imposes no additional burden on any regulation is hereby adopted, effective AIRWAYS, AREA LOW ROUTES, CON­ person, notice and public procedure 0901 G.m.t., December 6,1973, as follows: TROLLED AIRSPACE, AND REPORTING hereon are unnecessary and the change 1. Amend § 71.181 of Part 71, Federal POINTS may be accomplished by Final Rule Aviation regulations so as to delete the Revocation and Redesignation of Control Action. description of Wise, Va. 700-foot floor Zones In consideration of the foregoing, Part transition area and by substituting the 71 of the Federal Aviation Regulations is following in lieu thereof: ' The purpose of this amendment to Part 71 of the Federal Aviation Regula­ amended, effective 0901 G.m.t., December W ise , V ir g in ia . tions is to revoke the Rocky Mount, N.C., 6, 1973, as hereinafter set forth: That airspace extending upward from 700 control zone and redesignate the Rocky In § 71.181 (38 FR 435), the following feet above the surface within an 11-mile Mount, N.C. (Rocky Mount-Wilson Air­ transition area is amended to read: radius of the center 36°59'15'' N., 82°31'50" port) control zone. L afayette, I n d . W. of Lonesome Pine Airport, Wise, Va. The Rocky Mount and Rocky Mount That airspace extending upward from 700 (Sec. 307(a), Federal Aviation Act of 1958, (Rocky Mount-Wilson Airport) control feet above the surface within a 7 ^ -mile 72 Stat. 749; 49 U.S.C. 1348, sec. 6 (c), De­ zones are described in § 71.171 (38 FR partment of Transportation Act (49 U.S.C. radius of Purdue University Airport (latitude 40®24'45" N., longitude 86°56'15'' W.); 1655(c)).) 351). The Rocky Mount control zone is predicated on Rocky Mount Downtown within 2 miles each side of the 144° radial of Issued in Jamaica, N.Y., on October 4, Airport, the present location of Rocky the Lafayette VORTAC extending from the 1973. Mount Flight Service Station. The Rocky 7 y2 -mile radius area to the Lafayette VORTAC; within a 5%-mile radius of Hals- R obert H. S tanton, Mount (Rocky Mount-Wilson Airport) mer Airport (latitude 40“23'40'' N., longitude Director, Eastern Region. control zone is predicated on Rocky 86°48'25'' W .). [FR Doc.73-22877 Filed 10-26-73;8:45 am] Mount-Wilson Airport and is presently designated as part time. Since the Rocky (Sec. 307(a) of the Federal Aviation Act of Mount Flight Service Station will be re­ 1958 (49 U.S.C. 1348), and of Section 6(c) of [Airspace Docket No. 72-WA-13] the Department of Transportation Act [49 located to Rocky Mount-Wilson Airport, U.S.C. 1655(c)].) PART 71-— DESIGNATION OF FEDERAL effective October 17, 1973, the communi­ AIRWAYS, AREA LOW ROUTES, CON­ cations and weather observation and re­ Issued in Des Plaines, HI., on Septem­ TROLLED AIRSPACE, AND REPORTING porting requirements can no longer be ber 26,1973. POINTS met at Rocky Mount Downtown Airport. H. W. POGGEMEYER, > Postponement of Effective Date It is necessary to revoke the Rocky Acting Director, Great Lakes Region. On May 24, 1973, FR Doc. 73-10331 was Mount control zone, and redesignate the published in the F ederal R egister (38 Rocky Mount (Rocky Mount-Wilson Air­ [FR Doc.73-22893 Filed 10-26-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 207— M ONDAY, OCTOBER 29, 1973 RULES AND REGULATIONS 29805

[Airspace Docket No. 73-NE-25] delete the description of the Concord, Issued in Washington, D.C., on Oc­ p a r t 71— DESIGNATION OF FEDERAL New Hampshire, control zone and insert tober 16,1973. the following in lieu thereof: AIRWAYS, AREA LOW ROUTES, CON­ C harles H. N e w p o l , TROLLED AIRSPACE, AND REPORTING Within a 5-mile radius of the center, Acting Chief, Airspace and POINTS 43°12'16" N., 71°30'07" W., of Concord Air Traffic Rules Division. Alteration of Control Zone and Transition Municipal Airport, Coneord, New Hampshire; within 1.5 mUes each side of the 337° bear­ [FR Doc.73-22880 Filed 10-26-73;8:45 am] Area ing from the Epson, New Hampshire, NDB, F ederal R e g is ­ 43°07'05" N., 71°27'13'' W., extending from On page 22981 of the [Airspace Docket No. 73-WA-44] ter dated August 28, 1973, the Federal the 5-mile-radius zone to the Epson NDB. Aviation Administration published a no­ 2. Amend § 71.181 of Part 71 of the PART 75— ESTABLISHMENT OF JET tice of proposed rulemaking which would Federal Aviation Regulations so as to ROUTES AND AREA HIGH ROUTES alter the Concord, New Hampshire, Con­ delete the description of the Concord, Change of Area High Route Waypoint trol Zone and 700-foot Transition Area. New Hampshire, 700-foot-transition area Names Interested persons were afforded an op­ and insert the following in lieu thereof: portunity to participate in the proposed The purpose of this amendment to That airspace extending upward from 700 Part 75 of the Federal Aviation Regula­ rule making through the submissions of feet above the surface bounded by a line comments. Comments were received from tions is to change certain waypoint beginning at 43°23'00" N., 71°11'50'' W., to names to five-letter words. the New Hampshire Aeronautics Com­ 43°09'00" N., 71°11'5Q" W „ to 42°58'50" N., mission and the Adjutant General, New 71°01'00" W., to 42°53'O0'' N., 71°11'30" W., To simplify the coding system for area Hampshire Army National Guard. Both to 42°47'00" N., 71°09'00" W., to 42°38'00" navigation (RNAV) waypoints, the Fed­ comments raised the same three objec­ N., 71°20'00" W., to 42°40W ' N., 71°35'00" eral Aviation Administration (FAA) is tions to the rule change as proposed in W., to 42°43'00" N., 71°36'00" W., to 42“45'- assigning five-letter names to all way- the Notice. 00" N., 71°38'25" W., to 42°54'00" N„ 71 °- points not collated with navigation First, both commentators objected to 57'00" W., to 43°06'00" N., 71°47'00" W., to facilities. The same five letters serve as the use of the name “Epping” as a de­ 43°23'00" N„ 71°47'00" W., to point of be­ the waypoint name, location identifier, ginning. 1,200-foot transition area is and computer code. signation for the new NDB contending unchanged. that it would conflict with the published Since the identifying names of way- TACAN approach to Pease Air Force (Sec. 370(a) of the Federal Aviation Act of points is a minor matter upon which the Base which utilizes “Epping” as initial 1958 [72 Stat. 749; 49 U.S.C. 1348] and section public is not particularly interested, 6(c) of the Department of Transportation Act notice and public procedure thereon are approach fix. It is considered that this [49 U.S.C. 1655(c) ] .) comment has merit and accordingly the unnecessary. However, since it is neces­ designation of the new NDB is being Issued in Burlington, Massachusetts, sary that sufficient time be allowed to changed from “Epping” to “Epson.” on October 12,1973. permit appropriate changes to be made The commentators also objected to the on aeronautical charts, this amendment F erris J. H o w l a n d , will become effective more than 30 days proposed deletions of the Concord con­ Director, New England Region. trol zone extension to the north of run­ after publication in the F ederal R e g is ­ way 17 and the control zone extension to [FR Doc.73-22896 Filed 10-26-73; 8:45 am] ter. the-west for the now cancelled VOR In consideration of the foregoing, Part approach. As to the former, the com­ [Airspace Docket No. 73-RM-27] 75 of the Federal Aviation Regulations is ments asserted that recent flights had amended, as hereinafter set forth. indicated the possibility of a backcourse PART 73— SPECIAL USE AIRSPACE § 75.400 (38 FR 700, 24204) is amended approach and that this portion of the Revocation of Restricted Areas as follows: control zone should be retained to per­ Effective 0901 GMT, December 6, 1973, "E n­ mit such approaches. As to the deletion The purpose of this amendment to the Federal Aviation regulations is to revoke terprise, Kans.” is deleted in J-800R and of the extension for the cancelled VOR “ENTER” is substituted therefor. Also “Gold­ approach, the commentators suggested Restricted Area R-6408A and R-6408B, field, Colo.” is deleted in J-801R and J-923R, that this extension should be retained Indian Creek, Utah. and “GOFEL” is substituted therefor. in view of the fact that the Concord The United States Air Force has ad­ Effective 0902 GM T January 31, 1974, "W illy” VOR is to be scheduled for conversion to vised the Federal Aviation Administra­ is deleted in J-861R, J-907R and J-935R, and a Doppler VOR. tion (FAA) that the requirement for re­ “W YCO X” is substituted therefor. While the Concord VOR is pro­ stricted airspace R-6408A and B is no (Sec. 307(a) of the Federal Aviation Act of grammed for conversion to a Doppler longer valid. 1958 (49 US.C. 1348(a)) and Sec. 6(c) of the VOR, this is not scheduled to occur until Since this amendment returns the air­ Department of Transportation Act (49 US.C. fiscal year 1975. Therefore, there is no space to public use and is a minor 1655(c).) reason for the present continuation of amendment upon which the public would C h ar les H . N e w p o l , that control zone extension. The control have no particular reason to comment, Acting Chief, Airspace zone may be altered for a new VOR ap­ notice and public procedure thereon are and Air Traffic Rules Division. proach at such time as conversion to the unnecessary. In order to make this air­ Issued in Washington, D.C., on October Doppler VOR is completed. As regards space available for public use at the ear­ 23,1973. liest possible date, good cause exists for the other control zone proposed deletion, [FR Doc.73-22920 Filed 10-26-73;8:45 am] the agency has determined that the making this amendment effective on less backcourse EOC approach does not meet than 30 days notice. the established agency criteria. Accord­ In consideration of the foregoing, Part [Docket N q. 1326; Arndt. No. 887] ingly, it is considered that the com­ 73 of the Federal Aviation regulations is amended,, effective on October 29, 1973, PART 97— STANDARD INSTRUMENT ments objecting to the deletion of the APPROACH PROCEDURES two control zone extensions are without as hereinafter set forth. merit and this portion of the rule change Section 73.64 (38 FR 670 and 37 FR Recent Changes and Additions is being adopted without further 23904 and 25820) is amended as follows: This amendment to Part 97 of the Fed­ modification. 1. Restricted Area R-6408A, Indian eral Aviation Regulations incorporates In view of the foregoing the proposed Creek, Utah, is revoked. , by reference therein changes and addi­ regulations, as modified above, are 2. Restricted Area R-6408B, Indian tions to the Standard Instrument Ap­ Creek, Utah, is revoked. hereby adopted effective 0901 G.m.t., proach Procedures (SIAP’s) that were November 28, 1973. (Sec. 307 (a ) , Federal Aviation Act of 1958 (49 recently adopted by the Administrator 1. Amend § 71.171 of Part 71 of theU.S.C. 1348(a)), sec. 6(c), Department of to promote safety at the airports con­ Federal Aviation Regulations so as to Transportation Act (49 U.S.C. 1655(c)).) cerned.

FEDERAL REGISTER, VOL. 38, NO . 207— M ONDAY, OCTOBER 29, 1973 29806 RULES AND REGULATIONS

The complete SIAP’s for the changes Rome, Ga.— Richard B. Russell Airport, VOR lowing ILS SIAP’s, effective December 6, Runway 36, Arndt. 8. 1973. and additions covered by this amend­ Washington, D.C.— Washington National Air­ ment are described in PAA Forms 3139, port, VOR Runway 36, Amdt. 4. Hancock, Mich.— Houghton County Memo­ 8260-3, 8260-4, or 8260-5 and made a West Point, Va.— West Point Municipal Air­ rial Airport, ILS Runway 31, Amdt. 2, part of the public rule making dockets port, VOR Runway 33, Amdt. 3. Lafayette, Ind.— Purdue University Airport, of the PAA in accordance with the pro­ Yakutat, Alaska—Yakutat Airport, VOR ILS Runway 10, Amdt. 1. cedures set forth in Amendment No. 97- Runway 11, Amdt. 9. Oklahoma City, Okla.— W ill Rogers World Airport, ILS Runway 17R, Amdt. 1. 696 (35 FR 5609). * * * effective November 8, 1973: SIAP’s are available for examination Oklahoma City, Okla.— W ill Rogers World Airport, ILS Runway 35R, Amdt. 4. at the Rules Docket and at the National Del Rio, Tex.— Del Rio International Airport, VOR-A, Amdt. 6. Washington, D.C.— Washington National Air­ Flight Data Center, Federal Aviation Ad­ Holly Springs, Miss.— Holly Springs-Marshall port, ILS Runway 36, Amdt. 24. ministration, 800 Independence Avenue County Airport, VOR Runway 18, original. 5. W., Washington, D.C. 20591. Copies of * * * effective November 8,1973: * * * effective October 11, 1973: SIAP’s adopted in a particular region Crossville, Tenn.— Crossville Memorial Air­ are also available for examination at the San Jose, Calif.— San Jose Municipal Airport, port, ILS Runway 25, Original. headquarters of that region. Individual VOR A, Amdt. 2. copies of SIAP’s may be purchased from Ban Jose, Calif.— San Jose Municipal Airport, * * * effective October 16,1973: the FAA Public Document Inspection VOR Runway 12R/L, Amdt. 13. Annette Island, Alaska— Annette Airport, ILS Facility, HQ-405, 800 Independence San Jose, Calif.—San Jose Municipal Airport, Runway 12, Amdt. 11, canceled. Avenue SW., Washington, D.C. 20591 or VOR/DME Runway 12R/L, Amdt. 1. San Jose, Calif.— San Jose Municipal Airport, * * * effective October 11,1973: from the applicable FAA regional office VOR/DME Runway 30R/L, Amdt. 2. in accordance with the fee schedule pre­ San Jose, Calif.— San Jose Municipal Airport, scribed in 49 CFR 7.85. This fee is pay­ 3. Section 97.25 is amended by origi­ ILS Runway 30L, Amdt. 12. able in advance and may be paid by nating, amending, or canceling the fol­ 6. Section 97.31 is amended by origi­ check, draft or postal money order pay­ lowing SDF-LOC-LDA SIAP’s, effective nating, amending, or canceling the fol­ able to the Treasurer of the United December 6, 1973. lowing Radar SIAP’s, effective Decem­ States. A weekly transmittal of all SLAP Hancock, Mich.— Houghton County Memorial ber 6,1973. changes and additions may be obtained Airport, LOC/DME (BC) Runway 13, Amdt. Oklahoma City, Oklahoma—Will Rogers by subscription at an annual rate of 1. World Airport RADAR—1, Amdt. 14. $150.00 per annum from the Superinten­ Oklahoma City, Okla.— W ill Rogers World Washington, D.C.— Washington National Air- dent of Documents, U.S. Government Airport, LOC (BC) Runway 17L, Amdt. 6. port, RADAR-1, Amdt. 18. Printing Office, Washington, D.C. 20402. Oklahoma City, Okla.— W ill Rogers World Additional copies mailed to the same ad­ Airport, LOC (BC).Runway 35L, Amdt. 2. 7. Section 97.33 is amended by origi­ dress may be ordered for $30.00 each. * * * effective November 8, 1973: nating, amending, or canceling the fol­ lowing RNAV SIAP’s, effective Decem­ Since a situation exists that requires Crossville, Tenn.— Crossville Memorial Air­ immediate adoption of this amendment, port, LOC Runway 25, original, canceled. ber 6,1973. I find that further notice and public pro­ * * * effective October 16, 1973: Truckee, Calif.— Tr uckee-Tahoe Airport, cedure hereon is impracticable and good RNAV-A, Amdt. 1. cause exists for making it effective in less Atlanta, Ga.—The William B. Hartsfield At­ Washington, D.C.— Washington National Air­ than 30 days. lanta International Airport, LOC (BC) port, RNAV Runway 3, Amdt. 3. Runway 27R, Amdt. 10. In consideration of the foregoing, Part 8. Correction. In Docket No. 13231, 97 of the Federal Aviation Regulations is * * * effective October 11,1973 : Amendment No. 885 to Part 97 of the amended as follows, effective on the San Jose, Calif.— San Jose Municipal Airport, Federal Aviation Regulations published dates specified: LOC BC Runway 12R, Amdt. 9. in the F ederal R egister under Section San Jose, Calif.— San Jose Municipal Airport, 1. Section 97.21 is amended by origi­ 97.29 effective November 15,1973, change nating, amending, or canceling the fol­ LOC/DME Runway 30L, Amdt. 2. effective date of Houston, Tex., Houston lowing L/MF SIAP’s effective December 4. Section 97.27 is amended by orig­ 6, 1973. inating, amending, or canceling the fol­ Intercontinental Airport, ILS Runway 8, Yakataga, Alaska— Yakataga Airport, LFR-A, lowing NDB/ADF SIAP’s, effective De­ Amdt. 3 to 13 December 73. Arndt. 13, canceled. cember 6,1973. (Secs. 307, 313, 601, 1110, Federal Aviation Act Of 1948; 49 U.S.C. 1438, 1354, 1421, 1510, 2. Section 97.23 is amended by origi­ Bedford, Ind.—Virgil I. Grissom Municipal sec. 6(c) Department of Transportation Act, nating, amending, or canceling the fol­ Airport, NDB Runway 13, Amdt. 1. 49 U.S.C. 1655(c) and 5 U.S.C. 552(a) (1).) lowing VOR-VOR/DME SIAP’s, effective Bedford,. Ind.—Virgil I. Grissom Municipal December 6, 1973. Airport, NDB Runway 31, Amdt. 1. Issued in Washington, D.C., on Octo­ Hancock, Mich.— Houghton County Memo­ ber 18, 1973. Bedford, Ind.—Virgil I. Grissom Municipal rial Airport, NDB-A, Amdt. 3, canceled. James M. V in es, Airport, VOR/DME Runway 13, Arndt. 2. Hancock, Mich.—Houghton County Memo­ Chief, Bedford, Ind.—Virgil I. Grissom Municipal Aircraft Programs Division. Airport, VOR/DME Runway 31, Arndt. 1. rial Airport, NDB Runway 31, Amdt. 2. Bemidji, Minn.— Bemidji Municipal Airport, Lafayette, Ind.— Purdue University Airport, N o te: Incorporation by reference provi­ VOR Runway 13, Arndt. 7. NDB Runway 10, Amdt. 3. sions in § § 97.10 and 97.20 approved by the Bemidji, Minn.— Bemidji Municipal Airport, Oklahoma City, Okla.— W ill Rogers World Director of the Federal Register on May 12, VORTAC Runway 31, Arndt. 3. Airport, NDB Runway 17L, Original. 1969 (35 FR 5610). Dickson, Term.— Dickson Municipal Airport, Oklahoma City, Okla.— W ill Rogers World [FR Doc.73-22894 Filed 10-26-73;8:45 am] VOR/DME Runway 17, Arndt. 1. Airport, NDB Runway 17R, Amdt. 16. Gibson City, 111.— Gibson City Muncipal Air­ Oklahoma City, Okla.— Will Rogers World port, VOR-A, Arndt. 1. Title 17— Commodity and Securities Airport, NDB Runway 35L, Amdt. 4. Hamilton, Ala.— Marion County Airport, VOR Exchanges Runway 18, Arndt. 1. Oklahoma City, Okla.— W ill Rogers World Airport, NDB Runway 35R, Original. CHAPTER I— COMMODITY EXCHANGE Hancock, Mich.— Houghton County Memorial AUTHORITY (INCLUDING COMMODITY Airport, VOR Runway 13, Arndt. 6. Washington, D.C.— Washington National Air­ Hancock, Mich.— Houghton County Memorial port, NDB Runway 36, Amdt. 1. EXCHANGE COMMISSION), DEPART­ Airport, VOR Runway 25, Arndt. 8. Yakataga, Alaska— Yakataga Airport, NDB-A, MENT OF AGRICULTURE Hancock, Mich.— Houghton County Memorial Original. PART 1— GENERAL REGULATIONS Airport, VOR Runway 31, Arndt. 5. * * * effective October 16,1973: UNDER TH E COMMODITY EXCHANGE • Lafayette, Ind.— Purdue University Airport, ACT VOR—A, Arndt. 15. Annette Island, Alaska—Annette Airport, Oklahoma City, Okla.— W ill Rogers World NDB-A, Amdt. 9, canceled. Contract Market Rule Enforcement Airport, VOR Runway 12, Arndt. 14. A proposal was published in the F ed­ Philadelphia, Pa.—Philadelphia Interna­ 5. Section 97.29 is amended by orig­ tional Airport, VOR Runway 9R, Arndt. 1. inating, amending, or canceling the fol­ eral R egister on July 11, 1973 (38 FR

FEDERAL REGISTER, VOL. 38, NO . 207— M ONDAY, OCTOBER 29, 1973 RULES AND REGULATIONS 29807

18469), pursuant to the authority of (4) Investigation of complaints re­ § 501.5 Appointment to Class 7 or 8. sections 5a and 8a of the Commodity ceived from customers concerning the Appointment as a Foreign Service in­ Exchange Act (7 U.S.C. 7a and 12a), to handling of their accounts or orders; formation officer of class 8, or of class 7, issue a regulation setting forth certain (5) Investigation of all other alleged is governed by §§ 501.6-501.12. requirements for programs by contract or apparent violation of such bylaws, markets for the enforcement of thé pro­ rules, regulations and resolutions; and § 501.6 Written examination. visions of the Act specified therein and of (6) Such other surveillance, record The Board of Examiners for the For­ their bylaws, rules, regulations, and reso­ examination and investigation as is eign Service has established the follow­ lutions referred to therein. Interested necessary to enforce such bylaws, nil es, ing rules regarding the written exami­ persons were given an opportunity to re­ regulations and resolutions; and nation: quest a hearing or to make written sub­ (7) A procedure which results in the (a) When and where given. The writ­ missions on the matter on or before taking of prompt, effective disciplinary ten examination will be given annually August 27,1973." action for any violation which is found or semiannually, if required, in desig­ As set forth in the notice of proposed to have been committed. nated cities in the United States and rulemaking, some contract markets have at Foreign Service posts on dates estab­ been maintaining a passive attitude to­ (b) Each contract market shall keep full, complete, and systematic records lished by the Board of Examiners for the ward such enforcement while others have Foreign Service. Applicants must indi­ been failing to diligently seek out viola­ Which will clearly set forth all action taken as a part of, and as a result of, its cate in their applications whether they tions in certain areas. are applying for the Department of State Comments were received from four program required under paragraph (a) of this section. or for the U.S. Information Agency. Can- contract markets, three of whom sup­ didiates who pass the written examina­ ported the aims of the proposed regula­ (Sec. 5a, 49 Stat. 1497, as amended; Sec. 8a, tion successfully may request transfer tion. One of the three, however, felt that 49 Stat. 1500, as amended; 7 U.S.C. 7a, 12a) of their applications to the other agency. certain clarifying changes were neces­ The recordkeeping requirements con­ (b) Designation to take written ex­ sary. Two contract markets, including tained herein have been approved by amination. No person will be permitted one which supported the aims of the the Office of Management and Budget in to take a written examination for ap­ proposal, requested an opportunity for accordance with the Federal Reports Apt pointment as a Foreign Service officer hearing. Neither made a persuasive of 1942. or Foreign Service information officer showing that any such hearing is who has not been specifically designated necessary. Issued: October 23, 1973. by the Board of Examiners to take that After careful consideration of all writ­ J. P h il Cam pbell, particular examination. Prior to each ten comments and of all relevant facts Under Secretary. written examination, the Board will es­ and information available, a change was [FR Doc. 73-22890 Filed 10-26-73;8:45 am] tablish a closing date for the receipt of made is § 1.51(a)- to make clear that the applications for designation to take the examination. No person will be desig­ regulation requires a contract market to Title 22— Foreign Relations secure compliance with only those of its nated for the examination who has not, bylaws, rules, regulations, and resolu­ CHAPTER V— UNITED STATES as of that closing date, filed an applica­ tions which such contract market is re­ INFORMATION AGENCY tion with the Board. To be designated quired by the Commodity Exchange Act PART 501— APPOINTMENT OF FOREIGN for the written examination, a candi­ to enforce. In addition, a change was SERVICE INFORMATION OFFICERS date, as of the date of the examination, made in paragraph (a) (3) of this section must be a citizen of the United States U.S. Citizenship Requirements to make clear that a contract market is and shall be at least 21 years of age, required to examine books and records of As a result of a recent court decision except that an applicant who has been its members relating to their business of concerning the 10-year U.S. citizenship awarded a bachelor’s degree by a college dealing in commodity futures and cash requirement for appointment as a For­ or university, or has completed success­ commodities only insofar as such busi­ eign Service Information Office of the fully the junior year at a college or uni­ ness relates to their dealings on such United States, part 501 of Title 22 of the versity, may qualify if at least 20 years of contract market. Code of Federal Regulations is amended age. In consideration of the foregoing, the as set forth below : (c) Content. The written examination proposed regulation is hereby adopted as 1. In § 501.2, paragraph (a) is revised is designated to permit the Board to test set forth below. to read as follows: the candidate’s intelligence and breadth and quality of knowledge and under­ Effective date. This regulation shall § 501.2 Eligibility for appointment as standing. It will consist of three parts: become effective December 1, 1973. ESIO. (1) a general ability test; (2) an English § 1.51 Contract market program for (a) Pursuant to PL 90-494 and sectionexpression test; and (3) a general back­ enf orcement. 511 of the Foreign Service Act of 1946, as ground test. amended, all Foreign Service informa­ (d) Grading. The several parts of the (a) Each contract market shall usetion officers shall be appointed by the written examination are weghted in due diligence in maintaining a continu­ President, by and with the advice and accordance with the rules established by ing affirmative action program to secure consent of the Senate. All appointments the Board of Examiners. compliance with all of the provisions of shall be made to a class and not to a § 501.7 Oral examination. Sections 5, 5a, 5b, 6(a), and 6b of the particular post. No person shall be eligi­ Act (7 U.S.C. 7, 7a, 7b, 8, 13a) dnd with ble for appointment as a Foreign Service The Board of Examiners for the For-> all of the contract market’s bylaws, rules, information officer unless he has demon­ eign Service has established the follow­ regulations and resolutions which such strated his loyalty to the Government ing rules regarding the oral examina­ contract market is required by the Act to tion: enforce. Such program shall include: of the United States and his attachment to the principles of the Constitution, and (a) When and where given. The oral (1) Surveillance of market activity for examination will be given throughout indication of possible congestion or other unless he is a citizen of the United the year at Washington and periodically market situation conducive to possible States and, if married, is married to a in selected cities in the United States price distortion; citizen of the United States. The religion, and, if circumstances permit, at selected (2) Surveillance of trading practices race, sex, marital status or political affil­ Foreign Service posts. on the floor of such contract market; iations of a candidate will not be con­ (b) Eligibility. If a candidate’s (3) Examination of the books and rec­ sidered in designations, examinations, or weighted average on the written exami­ ords kept by contract market members nation is 70 or higher, the candidate will certifications. relating to their business of dealing in be eligible to take the oral examination. commodity futures and cash commodi­ * * * * * Candidates eligible for the oral exami­ ties, insofar as such business relates to 2. Sections 501.5 through 501.12 are nation will be given an opportunity and their dealing on such contract market; revised as follows: will be required to take the oral exami-

FEDERAL REGISTER, VOL. 38, NO. 207— M ONDAY, OCTOBER 29, 1973 No. 207— pt. i ------3 29808 RULES AND REGULATIONS nation within 9 months after the date § 501.8 Medical examination. register and appointments will be made according to the needs of the Agency. of the written examination. I f a candi­ The Board of Examiners for the For­ date fails to appear for the oral exami­ eign Service has established the follow­ Postponement of entrance on duty for nation on an agreed date within the ing rules regarding the medical examina­ required active military service, nr re­ 9-month period, the candidacy will auto­ tion of candidates. (Regulations regard­ quired alternative service, civilian Gov­ matically terminate except that time ing medical examination of dependents ernment service abroad (to a maximum spent outside the United States and its are contained in the Foreign Affairs of ,2 years of such civilian service), or territories, for reasons acceptable to the Manual available at the Department of Peace Corps volunteer service will be au­ Board of Examiners, will not be counted State and U.S. Information Agency.) thorized. A candidate may be certified for against the 9-month period. The can­ (a) Eligibility. A candidate graded appointment to class 7 or 8 without first didacy of anyone for whom the 9-month “recommended” on the oral examination having passed an examination in a for­ period, is extended because of being will be eligible fo r the physical eign language, but the appointment will abroad will be automatically terminated examination. be subject to the condition that the newly if the candidate fails to appear for the appointed officer may not receive more (b) Purpose. The medical examination oral examination within 3 months after than one promotion unless, within a spe­ is designed to determine the candidate’s first returning to the United States: pro­ cified period of time, adequate profi­ physical fitness to perform the duties of vided that the candidacy of anyone who ciency in a foreign language is achieved. has not returned and been examined a Foreign Service officer on a worldwide in the meantime will be canceled 2 years basis and to determine the presence of § 501.10 Final review panel. after the end of the month in which the any physical, nervous, or mental disease After the results of the medical exami­ written examination was held. or defect of such a nature as to make it nation and background investigation are unlikely that the candidate would be­ (c) Examining process— CL) Panel of received, the candidate’s entire file will come a satisfactory officer. The Execu­ be reviewed by a Final Review Panel, deputy examiners. The oral examination tive Director of the Board of Examin­ will be given by a panel of deputy ex­ consisting of two or more deputy examin­ ers for the Foreign Service, with the ers. Candidates who have been graded aminers approved by the Board of Ex­ concurrence of the Deputy Assistant Sec­ aminers from a roster of Foreign Service “recommended” by oral examining retary for Medical Services, may make panels, who have passed their medical officers, officers from the Department of such exceptions to these physical re­ State, and other Government agencies, examination, and who, on the basis of in­ quirements as are in the interest of the vestigation, have been found to be loyal and qualified private citizens who by Service. All such exceptions shall be re­ prior service as members of selection to the Government of the United States ported to the Board of Examiners for and personally suitable to represent it boards or through other appropriate ac­ the Foreign Service at its next meeting.. tivities have demonstrated special quali­ abroad, will have their names placed on fications for this work. Service as deputy (c) Conduct of examination. The med­ a rank-order register for the functional examiners shall be limited to a maximum ical examination will be conducted either specialty for which they have been quali­ of 5 years, unless a further period is spe­ by medical officers of the Armed Forces, fied. Their standing on the register will cifically authorized by the Board. the Public Health Service, the Depart­ be determined by the Final ^Review ment, accredited colleges and universi­ (2) Purpose of examination. The ex­ Panel after taking into account the grade ties, or, with the approval of the Board amination will be conducted in the light assigned by the oral examining panel of Examiners, by private physicians. of all available information concerning and any information developed sub­ the candidate and will be designed to (d) Determination. The Deputy Assist­ sequent to the oral examination concern­ determine the candidate’s competence ant Secretary for Medical Services will ing the applicant. The candidacy of any­ to perform the work of a Foreign Service determine, on the basis of the report of one who is determined by the Final officer at home and abroad, potential for the physician (s) who conducted the Review Panel to be unqualified for ap­ growth in the Service, and suitability to medical examination, whether the can­ pointment shall be terminated and the serve as a representative of the United didate has met the standards set forth candidate so informed. States abroad. Panels examining candi­ ih paragraph Cb) in this section. § 501.11 Termination o f eligibility. dates for the Department of State will § 501.9 Certification for appointment. (a) Time limit. Candidates who have be chaired by a Foreign Service officer Ca) Eligibility. A candidate will not be qualified but have not been appointed be­ of the Department. Panels examining cause of lack of vacancies will be dropped candidates for the U.S. Information certified as eligible for -appointment as a Foreign Service information officer of from the rank-order register 30 months Agency will be chaired by an officer of after the date of the written examina­ that Agency’s Foreign Service. Deter­ class 8 unless the candidate is at least 21 years of age, is a citizen of the United tion: provided, however, that reasonable minations of duly constituted panels of time spent in civilian Government serv­ deputy examiners are final, unless modi­ States, and, if married, is married -to a citizen of the United States. A candidate ice abroad (to a maximum of 2 years of fied by specific action of the Board of such service), including service as a Examiners for the Foreign Service. may be certified as eligible for direct ap­ pointment to class 7 if, in addition to Peace Corps volunteer, in required active (d) Grading. Candidates appearing meeting these specifications, the candi­ military service, or in required alterna­ for the oral examination will be graded tive service, subsequent to establishing “ recommended” or “not recommended.” date also has additional qualifications of experience, education, and age which the eligibility for appointment will not be I f “ recommended,” the panel will assign Board of Examiners for the Foreign counted in the 30-month period. a grade which will be advisory to the Service currently define as demonstrat­ (b) Extension of eligibility period. final Review Panel in determining the ing ability and special skills for which The Chairman of the Board o f Examiners candidate’s standing on the rank-order may extend the eligibility period when register of eligibles. The candidacy of there is a need in the Foreign Service. such extension is, in the Chairm an’s anyone who is graded “not recom­ Recommended candidates who meet judgment, justified in the interests of the mended” is automatically terminated these requirements will be certified for appointment, in accordance with the Service. The Chairman shall report the and may not be considered again until approved extensions to the Board of Ex­ the candidate has passed a new written needs of the Service, in the order of their aminers. examination. standing on their respective registers. (e) Background investigation. An in­ Cb) Separate rank-order registers. § 501.12 Travel expenses of candidates. vestigation shall be conducted of candi­ Separate registers for Department of State candidates will be maintained for The travel and other personal expenses dates who have been graded “recom­ the administrative, consular, commer- of candidates incurred in connection mended” by the oral examining panel to cial/economic, and political functional with the written and -oral examinations determine loyalty to the Government of specialties. Successful candidates for the will not be borne by thé Government, ex­ the United States and attachment to the U.S. Inf ormation Agency will have their cept that the Agency may issue ro u n d - principles of the Constitution. names placed on a separate rank-order trip invitational travel orders bo bring

FEDERAL REGISTER, VOL. 38, NO. 207— MONDAY, OCTOBER 29, 1973 V RULES AND REGULATIONS 29809

candidates to Washington at Govern­ posed rulemaking was issued, and sup­ Working models of tuners should be ment expense when it is determined that plemental comments filed by Tarzian.1 available now in connection with design it is necessary in ascertaining a candi­ 2. The proposed modification of § 15.68 of 1975 receivers. Since a working model date’s qualifications and adaptability for (d) (3) specified two methods for achiev­ is available now from only one tuner appointment. ing comparable tuning in receivers utiliz­ manufacturer, it is too early to impose a Effective date. These provisions and ing a 70-position UHF detent tuner. The stricter standard. The rule should be de­ amendments are effective on October 29, first method, applicable to color and leted until a second complying tuner is monochrome receivers, involved elimi­ made available. 1973. nating the need for routine fine timing. (2) The use of AFC should be optional James K eogh, In the Notice, we stated that a 70-posi­ for both color and monochrome receivers. Director. tion tuner accurate to ± 1MHz, combined The availability of a lower-cost color op­ [PR Doc.73-22885 Filed 10-26-73; 8:45 am] with AFC circuitry now in use, is con­ tion to the customer is more important sidered to eliminate the need for routine than AFC, even if use of AFC with an ac­ Title 45— Public Welfare fine tuning. We also stated that any curate channel selection mechanism is combination of AFC with a channel required to achieve comparable UHF CHAPTER IX— ADMINISTRATION ON selection mechanism capable of posi­ color tuning. Moreover, if the receiver AGING, DEPARTMENT OF HEALTH, tioning the tuner within the pull-in manufacturer voluntarily equips the re­ EDUCATION, AND WELFARE range of AFC would meet the re­ ceiver with AFC, the Commission should PART 903— GRANTS FOR STATE AND quirement and, finally, that any method not regulate the performance of that COMMUNITY PROGRAMS ON AGING which eliminated routine fine tuning receiver. Correction would be acceptable. We now add, in (3) The industry is concerned that use case it is not clear from the fore­ of the G I tuner will not assure compli­ In PR Doc.73-21597, appearing at page going, that any method which produces ance with the proposed rules— that tun­ 28039 in the issue of Thursday, October and maintains detented tuning accuracy ing error may be greater than dtlMHz in 11,1973, make the following changes: of the same order as the specific methods the receiver environment and that the 1. In the third column on page 28041, mentioned also meets this requirement. combination of AFC with a tuner ac­ in the fifth line of paragraph 26„ the This provision is simply a restatement of curate to rtlM Hz may not eliminate the word “relay”, should read “delay” . the present requirement in terms of the need for routine fine tuning in all cir­ 2. In the Table of Contents: result to be achieved rather than a speci­ cumstances—and consequently that it a. The second word in the heading for fic means of reaching it. may not be able to certificate receivers as § 903.82, “and” , should read “or” . 3. The second method, applicable to complying with the rule. These problems b. Directly under § 903.82 insert the monochrome receivers only, required would be overcome if the Commission following entry : that the UHF channel selection controls were to require use of a tuner accurate 903.83 Federal financial participation of position the tuner within ± 1MHz of cor­ to ± 1MHz in monochrome receivers and activities under an area'plan. rect frequency and that UHF and VHF to require the combination of AFC with 3. After the word “ agency” in the fine tuning speed be the same. This pro­ such a tuner in color receivers, without third line of § 903.34, insert “designated vision would eliminate the present re­ requiring that routine fine tuning be in accordance with § 903.13,”. quirement of AFC in monochrome tim­ eliminated. ing but would add the fine tuning speed (4) The Commission should not re­ Title 47— Telecommunication requirement. quire the same fine tuning speed for UHF CHAPTER I— FEDERAL 4. The proposed modification reflected and VHF tuning. The optimum fine tun­ COMMUNICATIONS COMMISSION the development by G I of a 70-position ing speed for one tuner is not necessarily tuner accurate to within rfclMHz of cor­ [Docket No. 19722; FCC 73-1077]

FEDERAL REGISTER, VOL. 38, NO. 207— M ONDAY, OCTOBER 29, 1973 29810 RULES AND REGULATIONS garding adoption of requirements before tuning capability has not yet been ship between tuner accuracy and receiver i an adequate supply of tuners is demon­ achieved. It believes the requirement for performance.” It also discounts EIA’s strably available to meet them. The fig­ eliminating the need for routine fine tun­ concern that deactivating AFC and tun- j ures for tuning speeds it provides are 3 ing of color receivers is a relaxation of ing manually may be required to obtain trHz per degree of rotation for VHP mem­ the current rule requiring the combina­ the optimum picture under special cir­ ory fine tuning and 22 kHz per degree for tion of AFC with an accurate channel cumstances, noting that this is also true the slowest available UHF tuner. It sug­ selection mechanism, and in this respect of VHF tuning and is in any event a gests a requirement that UHF tuning stresses the importance of AFC not only minor matter. G I nevertheless shares the speed not be greater than 30 kHz per in pulling in but in holding a good color concern of receiver manufacturers over I the certification of receivers to meet the I degree. picture. It urges that the AFC require­ ment be maintained and that the Com­ rfclMHz requirement. In spite of the fact 1 8. In its reply comments, Zenith sup­ that tests show that very accurately ports the position taken by EIA. It states mission not hi the future grant waiver of the rules or extend their effective date. aligned tuners require little or no fine that G I has indicated to Zenith that its tuning, the exact performance of a spe- ] improved tuner assures accuracy within 11. In response to Kaiser, EIA stresses that performance standards are prefer­ cific receiver or receiver model using that ± lM H z only as to the G I tuner, as pro­ tuner cannot be predicted in advance of j duced, and not as to that tuner mounted able to design specifications in that they allow the manufacturer flexibility in tests, and a failure to meet the ±lMHz ] in a receiver. It fears repetition of the requirement would be catastrophic. It | same problems experienced when the meeting a stated goal—i.e., by use of AFC or in other ways producing equally satis­ recommends that certification be based ±3MHz accuracy requirement was first on measurement of the tuner under imposed. It notes that tuner manufac­ factory results. It maintains, in addition, that a bar on waiver or extension of the specified conditions relating to receiver turers other than G I have not indicated operating conditions. plans to produce tuners accurate to rules ignores the practicalities of prod­ (4) On the matter of cost, GI has ± 1MHz and that they would have to re­ uct redesign and the dependency of manufacturers on the state of the tuner quoted customers a price which adds a design and retool their product to do so. 5% to 8% premium—about 30 cents—to It states that added costs associated with art. the base price of its present product. *| the improved 70-position tuner might 12. In its reply comments, G I offers cause manufacturers to use 6 and 8-posi­ the following information and sugges­ (5) On the question of fine tuning tion timers. To keep costs within practi­ tions concerning its capabilities, and the speeds, G I states that the fine tuning cal limits, it suggests a relaxed tolerance feasibility of the proposed rule: speeds of currently used VHF tuners are I for channels above channel 69 (±2M H z (1) G I agrees that receiver manufac­ as follows—VHF memory tuners, 3-5 if the requirement for lower channels is turers should not have to depend on a kHz per degree; non-memory VHP ± 1MHz). Such a relaxation, it says, sirfgle source of complying timers. It tuners, 20-45 kHz per degree—and sug­ would significantly enhance the techni­ believes that other tuner manufacturers gests that a UHF tuner accurate to cal and economic feasibility—and there­ would respond to a demand for such tun­ ± lM H z is properly compared with the! fore the availability— of an improved 70- ers created by a requirement for their non-memory VHF tuner. It recommends j that the Commission require equal fine position timer. / use. G I is prepared to assist other tuner tuning speeds when the UHF tuner is 9. Tarzian, in its comments, states that manufacturers in this respect, by licens­ ing them to produce its product and pro­ combined with a non-memory VHP ' the Commission is moving too fast tuner, and that we settle for UHF fine toward a reduction in the alignment viding technical assistance. (2) Concerning its capability to pro­ tuning speed of 20—40 kHz per degree in error of the 70-position tuner. It suggests combination with a VHF memory tuner. that receiver manufacturers may be un­ duce complying tuners in production able to comply and, in that event, would quantities, G I notes that its improved 13. In its supplementary comments, turn to other “less desirable tuners.” It tuner is a modification of an existing Tarzian states that G I’s confidence and considers that the Commission has no as­ product, of which over a million have its offer of assistance and licensing to surance that tiie G I tuner can be mass- been made to specifications and sold, and other tuner manufacturers cannot allay produced to meet the ± lM H z accuracy that no receiver manufacturer has been the industry’s concern about the avail­ specification, or that such a tuner will be required to request a waiver from the ability of tuners and the certifiability of available in sufficient quantity at reason­ Commission due to a failure in either the receivers utilizing those tuners, and that able cost. It thinks that the cost of test­ quality or quantity of that product. It such concerns cannot be allayed until the ing tuners for compliance will add mate­ notes further that over 100 samples of tuner has been mass produced and tested rially to receiver costs and that the Com­ the improved tuner have been built, us­ in receivers. Tarzian repeats its worst! mission should obtain data concerning ing over 95% production tooled parts, the case argument—that it is possible fori such costs before adopting a rule. Con­ remaining parts, representing the modifi­ conditions to exist under which a re­ cerning its own capabilities, Tarzian cation, having been fabricated from tem­ ceiver could not be certificated, even « states that 27% of current production porary tools; and that the tuners were the tuner is perfectly aligned. It notes that tuners used in G I’s demonstration meets a limit of ± 1MHz and that 98% aligned by production type personnel meets a ± 2MHz limit, but that 100% using production alignment procedures. were aligned with =t0.5MHz and ex-j conformance to a ± 1MHz limit cannot Two samples were submitted to each re­ presses no surprise that good results were demonstrated in receivers equipped wxtn be achieved with its current product, and ceiver manufacturer, and in each case a that there is no assurance that the favorable verbal or written report was re­ those tuners. It suggests that the validity of the demonstration would be enhancea ± 1MHz limit could be met with a modi­ ceived confirming the achievement of fied product at reasonable cost. It stresses 1MHz accuracy as measured utilizing if tuners aligned to the precise ±1MHZ i that timer alignment accuracy alone can­ procedures prescribed by the Commis­ limit had been used. It reasons that m 5% to 8% cost premium indicated by «H not assure that the need for fine tuning sion in Bulletin OCE-30. In addition, a receiver manufacturer made a statistical cannot be for materials and must cove will be eliminated and that other factors extra alignment time, that alignmentop- (wear and tear, temperature and voltage study of 20 samples indicating that ± changes, etc.) can alone produce a tun­ 1MHz accuracy was feasible. Permanent erators are in short supply, and that n j operators require extended training, i ing error in excess of ± lM H z and be­ tools are being made. Pre-production quantities of the tuner should be avail­ zian endorses G I’s suggestion that ce yond the pull-in range of AFC under fication be based on tuner, rather tnaa worst case circumstances. (The worst able during the last quarter of 1973, and production quantities should be available receiver, measurements. Tarzian oppos« case argument is also made by EIA.) G I’s suggested tuning speed reqinrem^ Tarzian contends that a requirement early in 1974. noting that they appear to be based should not be imposed until the feasibil­ (3) Concerning the performance of its the design of G I tuners, whereas Tara«* ity of meeting that requirement has been tuner in the receiver environment, G I tuners, which do not meet such req . established on the receiver production discounts the theoretical worst-case error ments, are nevertheless very sa tis fy »« line. argument made by EIA and Sarkes Tar­ in use. Tarzian also opposes Sylvan1» L zian, noting that testing it has done to 10. Kaiser expresses disappointment suggestion that fine tuning speed in the fact that fully comparable UHF date has indicated a “one to one relation-

FEDERAL REGISTER, VOL. 38, NO . 207— M ONDAY, OCTOBER 29, 1973 RULES AND REGULATIONS 29811

exceed 30 kHz per degree. It notes that been to stimulate development and pro­ is that a reasonable though optimistic UHF and VHP tuner mechanisms are duction of superior equipment not in goal was set and that flexible enforce­ entirely different, that fine timing ac­ common use but believed to be within the ment eventually led to full compliance curacy depends on factors other than state of the art, by imposing a require­ without undue hardship. speed (e.g., backlash, torque, hand effect, ment for its use and thereby creating or 17. We would look for similar results knob diameter) and that optimum fine expanding the market for such equip­ in the case of the ± 1 MHz requirement, tuning speed varies appreciably among ment. In short, the requirement is though hopefully without resort to the tuning mechanisms. It recommends that adopted, the tuner manufacturer re­ burdensome waiver process. A stricter the choice of fine tuning speed be left sponds by "developing the necessary hard­ accuracy standard was originally im­ to the manufacturer. ware, and the receiver manufacturer is posed on November 30, 1971, to take ef­ 14. The Standard Components com­called upon to use it. We have recognized fect July 1, 1974/ The effective date was ments describe a new tuning system and that time must be allowed for the de­ subsequently extended to July 1, 1975, it ask the Commission to authorize its use. velopment and production of new equip­ appearing that progress had been made In this system, VHP and UHF varactor ment and for its incorporation in re­ but that tuning equipment required for tuners are coupled to a common detented ceivers, that effective dates must some­ compliance would not be available in channel selection mechanism with a times be viewed as target dates, and that time for use in 1974/ G I now appears to common knob, and are individually dis­ compliance must in the end be proven have developed tuning equipment con­ played. Reset accuracy is sufficient to feasible. To be effective, the requirement sonant with our objective, and we have eliminate routine fine tuning. In remote must be reasonably achievable. Accord­ accordingly initiated this proceeding to control operation, the tuners are driven ingly, we have held out the possibility conform our requirement to its use. We by a single motor. As so described, this .that effective dates may be extended, reject the proposition, advanced by tuning system would comply with the that requirements may be relaxed, and some, that requirements should not be comparable tuning rules! However, re-* that waivers based on the problems faced imposed until the receiver manufacturer ceiver manufacturers have expressed by individual firms may be granted, pro­ has iron-clad assurance that tuning concern about customer acceptance of vided there is a good faith effort to meet equipment meeting those requirements the knob-turning burden associated with the requirement. will be available in desired quantities a unitary 82-position tuner. To overcome 16. We are well satisfied with the re­from at least two sources. That proposi­ this difficulty, Standard Components pro­ sults of this regulatory program and tion is inconsistent with the entire con­ poses to reduce the number of positions consider Kaiser’s disappointment, in the cept of tuning regulation, as discussed from 82 to 36. This version would turie progress to be without justification. At above, which is to stimulate development and display one VHF channel at each of the very beginning ôf this program we of a superior product necessary to meet the first twelve positions and three or less imposed a schedule for achieving com­ a statutory objective. We appreciate the UHF channels at each of the remaining pliance, running from July 1, 1971 (10 desirability of multiple sources of com­ 24 positions. Any of the three UHF chan­ percent compliance) to July 1, 1974 ponents and would not adopt rules re­ nels at each position could be memory (100 percent compliance), which is well quiring the use of components which fine tuned and thereafter selected with­ on its way to being met. As part of this can be furnished only by a single sup­ out fine tuning. Although three numbers program, industry has developed and we plier (e.g., where a patent holder refuses would be displayed at each position, have authorized the use of a 70-position to license others to make that product). Standard Components contends that this UHF tuner having a tuning accuracy of It is in the public interest, however, to version of its tuner is fully consonant ±3MHz, which provides a separate de­ establish requirements reflecting an ad­ with the spirit of the all channel receiver tented position for each of the 70 UHF vance in the state of the, art by a single law, in that fewer knob clicks, are re­ channels. This 70-position timer was supplier where other suppliers have quired to time from one available UHF authorized on representations by tuner reasonable access to that advance. We station to another and that confusing manufacturers that tuners could be mass also reject the proposition submitted and costly setup procedures involving use produced to meet the ±3 MHz tuning by Kaiser, that extensions and waivers of channel number inserts are not re­ accuracy requirement in quantities re­ should be ruled out as a future possibility. quired. It notes that motor drives for 70- quired to meet industry demand, with­ In the absence of absolute assurance that position UHF tuners are “virtually non­ out certainty that this could be done a requirement can reasonably be met, the existent” and that the need, in remote within the time schedule that we had possibility of modification, extension or control applications, for a tuning system imposed, and in spite of misgivings ex­ exception must be preserved. Obviously, such as it proposes is becoming acute. It pressed "by receiver manufacturers. Aftér no sensible purpose is served by insisting requests the Commission to authorize adoption of the rule, tuner and receiver on compliance with a requirement which use of a UHF tuning system which dis­ manufacturers moved with energy and is not achievable. plays the 70 UHF channel numbers in at considerable expense to meet its re­ 18. We accept the fact that a receiver groups of three or less, if any one of the quirements. There were nevertheless manufacturer should have a working three channels can be memory fine tuned problems. For a period, one manufac­ model now of a tuner to be used in a to correct frequency, and if reset ac­ turer was unable to supply a tuner meet­ receiver to be produced in 1975, to allow curacy is sufficient to eliminate the need ing the accuracy requirement in suf­ time for necessary modification of the for routine fine timing. ficient quantity. Receiver manufacturers receiver and for testing and certifica­ 15. Discussion. Some of the comments, were forced to apply for waiver of the tion. We are informed that in the we think, display a misunderstanding of rules, and the Commission was in effect case of the modified G I tuner, this the reasons for Commission regulation obliged to grant such applications, the should not pose a problem, since re­ of television timing and of the nature of alternative being to shut down produc­ ceiver manufacturers have for some time such regulation. The Commission entered tion. In each instance, however, the had working models of this modified upon the regulation of tuning in 1969 be­ waiver request was carefully scrutinized tuner. We are informed further that the cause assurances of improved UHF tun- and the relief granted was the minimum modified tuner is slightly larger than lug given by the industry following en­ required to avoid hardship. In addition, tuners currently in use, but not signifi­ actment of the all-channel receiver law manufacturers were pressed for a full cantly so. It would appear that in a in 1962 had not borne fruit and because explanation and were querried as to large number of receivers, the current we doubted that individual manufac­ steps being taken and the progress ex­ tuner can be replaced with the modified turers, who stressed price competition, pected in overcoming the difficulties tuner without a redesign of the receiver. would improve UHF tuning if all manu­ underlying the waiver request. Albeit It would appear therefore that, insofar facturers were not required to do the after considerable travail, all problems same. The nature of such regulation has relating to the quality or quantity of the 2 Report and Order in Docket No. 19268, hot been to impose requirements involv­ zt 3 MHz 70-position tuner appear to FCC 71-1177, 32 FCC 2d 612, 36 FR 23563. ing simply the use of equipment which have been resolved, and the great bulk of * Memorandum Opinion and Order in was already being mass produced and tuners'being produced are considerably Docket No. 19268, FCC 72-795, 37 FCC 2d 253, had been proven in use. It has instead more accurate than ± 3 MHz. The point 37 FR 19372.

FEDERAL REGISTER, VOL. 38, NO. 207— MONDAY, OCTOBER 29, 1973 29812 RULES AND REGULATIONS as receiver manufacturers who are regu­ and sufficient basis for retaining the re­ Rule Making) and tuning equipment I larly supplied with timers by G I are quirement. We would note in any event producing tuning accuracy of the same 1 concerned, there is ample time for such that manufacturers who opt for use of the order as such specified equipment is con- j manufacturers to incorporate the modi­ ± 1MHz tuner in meeting the ± 2MHz sidered sufficient to eliminate the need I fied G I tuner in their receivers to be pro­ 1975 requirement will develop measure­ for routine fine tuning. This approach I duced in 1975. ment data for certification and for their should provide the objective standard 19. Manufacturers who depend on quality control programs which will needed for certification while preserving timers not supplied by GI, however, are disclose with certaipty, well before the performance standard (rather than I in an entirely different position. So far 1976, whether that tuner will meet the design specification) characteristics of as we know, other tuner manufacturers ± 1MHz standard in the receiver. If the rule. With regard to the word have not developed a 70-position non­ the capability does not exist, we will state, “routine,” where routine fine tuning is memory UHF tuner accurate to ± 1MHz once more that it cannot be required, eliminated by use of AFC, the occasional They cannot therefore supply a working and that the ± lM H z standard would need to deactivate AFC and tune manu­ model to receiver manufacturers. The have to be replaced by a feasible re­ ally, due to characteristics of the broad­ receiver manufacturer cannot design his quirement. Even if this should prove cast signal or other special circum­ receiver to accommodate a non-existent necessary, we note, we still have every stances, does not constitute routine fine product, and cannot rely on the availa­ reason to believe that use of this tuner tuning. The occasional need to take an bility of production line quantities for use will provide quite satisfactory subjective action under special circumstances is not in 1975. This being the case, the prudent results. We prefer this approach to that a routine need to take that action.' receiver manufacturer concerned with of measuring the tuner alone, apart from 23. EIA takes the position that we meeting a 1975 requirement would pre­ the receiver, and assuming compliance by should not require the use of AFC in sumably turn to G I as a supplier, modi­ a receiver equipped with a complying color or monochrome receivers, and the fying his receiver as necessary to tuner. We are not at this time adopting modified rule, of course, does not specify accommodate the G I product. Potential Zenith’s suggestion of a less strict stand­ the use of AFC . as the means of elimi- I second sources would tend to be frozen ard for channels 70-83, first, because we nating the need for routine fine tuning. out, leaving GI, as the single source, in are not at all certain deviation from cor­ We would stress, however, that the a monopoly position. All those involved, rect frequency on those channels will be change is not designed to accommodate including GI, agree this is not a desir­ typically larger for an improved tuner the manufacture of a lower cost non­ able result, an additional adverse factor and, secondly, because we think the comparable color receiver, but rather is being that it is not known whether GI ± lM H z standard can be met on all chan­ simply a statement of the rule as a per­ could meet total industry demand. As nels. We are not, however, ruling such formance requirement. Kaiser’s belief an alternative possibility, the far-sighted an approach out for future considera­ that this restatement is a relaxation of receiver manufacturer, perceiving this tion, should problems arise and should the present rule is mistaken, and its con­ result, could resist the temptation to that approach appear to offer a solution. cern that the color picture will drop out switch to GI, the predictable result in 21. In view of the prices being quoted or switch in and out if AFC is not used is tv>is instance being a large influx of by G I (a 30 cent or 5-8% increase) . con­ misplaced. The need for routine fine waiver requests. While we are prepared cerns expressed about the cost of an im­ tuning has not been eliminated if the to impose a requirement without cer­ proved tuner seem not to be justified. receiver does not hold a satisfactory tain knowledge that immediate com­ Our understanding is that the additional color picture. What the modified rule pliance is possible, we are not prepared tuner cost reflects the cost of the addi­ provides is that means other than AFC, to impose a requirement; where every tional blade, tooling, test equipment and, if and when developed, may be used in indication in advance is that it will have as Tarzian suggests, some additional achieving the tuning results now achiev­ to be waived on a large scale. In view labor cost for aligning the tuner. able on a nonmemory UHF tuner com­ of these circumstances, we have settled The increased labor costs follow from a bining AFC with an accurate channel on a compromise solution, which should larger number of alignment adjustments selection mechanism. In contending that provide incentive for improvement made to closer tolerances. However, the we should not regulate the performance without fostering monopoly or large scale design of the modified tuner materially of receivers voluntarily equipped with waiver requests. The requirement for simplifies the alignment process, and not AFC, EIA seems to be saying that we July 1, 1975 will be accuracy within much more time or skill is required. Prob­ should not concern ourselves with the ± 2MHz of correct frequency. The modi­ ably some additional alignment person­ accuracy of the channel, selection mech­ fication of § 15.68(d) (3) proposed herein nel would require some initial training anism or with the overall tuning per­ will go into effect July 1, 1976, with and, during the early stages of produc­ formance. However, we are concerned changes discussed below. Relief be­ tion line work, would not be expected to about these matters and therefore reject yond that date, if required, will be produce the same quantity of tuners as this EIA proposition. considered only on individual waiver re­ experienced personnel. With a new tuner 24. On consideration of the comments quests. Tarzian reports that 98 percent and a stricter accuracy standard, we relating to the requirement that UHF of its present product meets a ± 2MHz would agree with Tarzian that manu­ and VHF fine tuning speeds be the same, requirement now. It should be possible to facturers will need to test a larger num­ we are persuaded that such a require­ bring this up to 100 percent by 1975. ber of receivers for compliance, particu­ ment is unnecessary and would be coun­ Since the requirement is achievable larly during the introductory period. It ter-productive. It has been deleted. The with tuners now in use, receiver manu­ does not seem to us, however, that accuracy of settings obtainable with the facturers should not be troubled with burdens and costs associated with use of fine tuning controls is dependent on nu­ redesign problems in the immediate the improved product are in any sense merous mechanical characteristics of the future. At the same time, the 1976 date excessive, and we have no indication that fine tuning, mechanism, of which speed should allow time for Tarzian and others they are such as to influence manufac­ is only one, and the optimum trade-o to develop a modified product meeting turers to use other tuning systems. between speed and precision varies a ± 1MHz accuracy standard, especially 22. Some of the comments express con­ among tuner types. Whereas speeds on if they accept G I’s offer of licensing and cern about the meaning of the phrase, the order of 200 kHz per degree of rota­ technical assistance, and should provide “ The need for routine fine tuning * * * tion mentioned in the comments x the necessary incentive for doing so. is eliminated.” This is, of course, a sub­ tuners accurate to ± 3 MHz would SPP . jective term, dependent on the demands to be excessive for tuners accurate witnm ^20. In respect to G I’s capability to mass ±1 MHz of correct frequency, and speeds produce a tuner accurate to ± lM H z in a of the viewer, and presents problems for the manufacturer in certifying compli­ of 40/kHz per degree or lower as sug­ receiver environment, it has of course to gested by G I and Sylvania, would ap­ be acknowledged that we cannot be sure ance. To resolve this problem, we have pear to,be closer to optimum, we thms of such capability until tuners have been amplified' this provision, by specifying mass produced and tested in receivers. that the use of tuning equipment meet­ the better course in this case is to ref ing given specifications (heretofore men­ from imposing a requirement a1™ , We do, however, think that there is a leave the question of fine tuning sp good prospect for achieving such results tioned only in the Notice of Proposed

FEDERAL REGISTER, VOL. 38, NO. 207— M ONDAY, OCTOBER 29, 1973 RULES AND REGULATIONS 29813 to the manufacturer’s judgment. Since Part 15 of Chapter I of Title 47 of 1. A notice of proposed rulemaking in fine timing speed has little or no bearing the Code of Federal Regulations is the abpve-captioned matter was released on the cost or size of the tuning equip­ amended to read as follows: on March 12, 1973, and was published ment, we have every reason to believe Section 15.68 (b) (3) (d) (3) are revised, in the F ederal R egister on March 20, that the manufacturer will select, for a and (d) (4) is added to read as follows: 1973 (38 FR 7342). The dates for filing comments and reply comments have given tuner, a tuning speed he considers § 15.68 All-channel television broadcast will best meet the needs and preferences reception; receivers manufactured passed. of the viewer. on or after July 1, 1971. 2. Comments were filed by the Central 25. The tuning system developed by * * * * * Committee on Communication Facilities Standard Components (described in of the American Petroleum Institute para. 14, Supra) has many attractive (b) * * * (API), RadioCall, Inc. (RADIOCALL), features. These include one knob chan­ (3) Tuning controls and channeland Service Electric Co.r Inc. (SECO). nel selection- and fine tuning, memory read-out. UHF tuning controls and chan­ Informal comments were filed by RCA tuning, superior reset accuracy, and nel read-out on a given receiver shall be Alaska Communications, Inc. (R C A ). adaptability to all-channel remote con­ comparable in size, location, accessi­ 3. A P I comments, on the basis of many trol operation. The 82-position version bility and legibility to VHP tuning con­ years of experience in the operation of of this tuning system presents no prob­ trols and readout on that receiver. If mobile repeater installation in the land lem, but use of the 36-position version any television receiver utilizes continu­ mobile service, that in order to avoid (on which three or less UHF channel ous UHF tuning for any function (e.g., unintended activation of the relay trans­ numbers are displayed at each of 24 de- as the basic tuning mode, for presetting mitter by other signals, a system of “ tone tented UHF settings) would conflict with a detent mechanism for repeated access coding” should be employed. At the same section 15.68(b)(3) of the Rules. The at discrete tuning positions, or for tun­ time, A PI recognizes that the use of tone availability of UHF tuning equipment ing a channel which cannot be assigned coding would require the retrofitting of suited for remote control operation has a^ discrete tuning position), that receiver vessels already equipped with VHF and been a problem, and use of the Standard shall be equipped to display the approx­ that to db so would probably be imprac­ Components product would clearly re­ imate UHF television channel the tuner tical, since the proposed use of maritime solve that problem. The 36-position ver­ has been positioned to receive. I f any mobile repeaters is an interim arrange­ sion of that product is preferred by re­ television receiver is equipped to provide ment pending availability of adequate ceiver manufacturers and would, they repeated access to UHF television chan­ VHF facilities in Alaska. The Commis­ believe, be preferred by their customers. nels at discrete tuning positions, the sion agrees with both points, that is, that The question then is whether we should manufacturer shall provide for the dis­ a system of tone coding would be pre­ authorize use of the 36-position version play of the precise UHF channel selected ferred and that the retrofitting of cur­ to encourage use of the product, par­ or shall provide to-the user a means of rently fitted vessels would be impractical. ticularly in remote control applications. identifying the precise channel selected 4. Since tone coding for repeater ac­ In seeking an answer to that question, without the use of tools: Provided, how­ tivation appears impractical, A PI ex­ we contacted Kaiser, the only UHF tele­ ever, That the 70 UHF channel num­ presses the view that the geographic vision broadcasting interest to file com­ bers may be displayed in groups of three spacing between repeaters should be ade­ ments in this proceeding, and were ad­ or less at each of 24 settings, if quate to assure that a vessel does not vised that they would welcome use of (i) The tuning mechanism uses a activate more than one repeater at a such a tuner—that the many advantages, single control to select the VHF and UHF time. In that regard, A PI mentions limit­ in effect, far outweighed relatively minor channels; ing to one the number of repeaters which disadvantages associated with access to (ii) Any one of the three channels may be installed in each Alaska Zone, three channels and the display of three simultaneously displayed can be precisely with additional provision for the grant­ channel numbers at one detent setting. timed to the correct frequency; and ing of waivers for other repeaters at We are in agreement with Kaiser and (iii) The reset accuracy (with AFC, if location (s) where it is shown that these Standard Components on this question provided) is sufficient to eliminate the additional repeaters would not be ac­ and are accordingly amending Section need for routine fine tuning. tivated by signals intended for an ex­ 15.68(b) (3) to accommodate use of the * * * * * isting repeater. We agree that only one repeater should be activated at a time, 36-position Standard Components tun­ (d) * * * ing system. and this was the underlying reason for (3) On or after July 1, 1975, a 70- including paragraph '(e) in proposed 26. Authority for the amendment set position nonmemeory UHF detent tun­ § 81.330. This paragraph requires the out in the attached Appendix is set out ing system may be used to meet the re­ plotting of contours at the +17 dBu in section 4(i), 303 (r) and (s), and 330 quirements of this section provided the distance. Additionally, it requires at and of the Communications Act of 1934, as channel selection mechanism shall be beyond the +17 dBu contour, the pro­ amended, 47 U.S.C. 154 (i), 303 (r) and capable of positioning the tuner to re- „ vision of a -42 dB ratio of desired to (s), and 330. ceive each UHF channel at its designated undesired signal strength from any other 27. In view of the foregoing, it is or­ detent position, with maximum devia­ station. The combined requirements of dered, Effective November 30, 1973, that tion from correct frequency on any de­ §§ 81.802(c) and 81.811 should provide, Part 15 of the rules and regulations is tent setting not exceeding ± 2MHz, when under normal conditions, a separation amended as set forth below, and that this approached from either direction of distance between maritime mobile re­ proceeding is terminated. rotation. peaters such that only one repeater will (Sees. 4, 303, 48 Stat., as amended, Sec. 330, [PR Doc.73-22934 Filed 10-28-73;8:45 am] be activated at a time. Nonetheless, we Sec. 2, 76 Stat., 1066, 1082, 151; 47 U.S.C. 154, feel there is merit to A P I’s view, since 303,330.) reflections from elevated terrain, tem­ [Docket No. 19700; FCC 73-1078] Adopted October 17,1973. perature inversions, etc., can be normal PART 81— STATIONS ON LAND IN THE for a given location and can result in Released October 24,1973. MARITIME SERVICES AND ALASKA- the undesired but simultaneous activa-,/ F ederal C ommunications PUBLIC FIXED STATIONS tion of two or more repeaters by a ship station. While exceptional circumstances C o m m is s io n ,4 Report and Order [ seal] V in c e n t J. M u l l i n s , of this type should be avoided, we feel Secretary, In the matter of Amendment of Part it would be improper to impose upon 81 of the Commission’s rules to provide users at all locations an excess of pre­ for the use of maritime mobile repeater cautions against simultaneous activa­ * Commissioner Robert E. Lee absent. stations in the State of Alaska. tion of two or more repeaters, when such

FEDERAL REGISTER, VOL. 38, NO . 207— MONDAY, OCTOBER 29, 1973 29814 RULES AND REGULATIONS precautions are actually required at only companies, however, we see no provision ing his call to another ship or coast one or a few locations. Accordingly, as in the current rules which would prohibit station. set forth in the attached Appendix, par­ such intercommunication. We concur, '■ 10. In their comments RADIOCALL agraph (e) of § 81.330 is amended to also, that a maritime mobile repeater requested that the Commission provide cover the cases of an exceptional nature. could be used by multiple public coast for the use of maritime mobile repeater 5. A P I introduces the matter of Com­ Class m -B stations, for public corre­ stations in the state of Hawaii. In sup­ port thereof, RADIOCAT 1 states that all mission consideration of the desirability spondence, or by multiple limited coast 1 of increasing the number of frequency Class m -B stations, for non-public cor­ of the reasons for establishing maritime pairs in Alaska which would be available respondence, however, we are not per­ mobile repeater stations in Alaska are equally applicable to the state of Hawaii. for use by maritime mobile repeater suaded that it is timely or that sufficient RADIOCALL requests, therefore, that staitons. On the basis of information information is available to amend §81.- provision for use of these repeater sta­ currently available, no adequate basis ex­ 352. Further, since we intend to examine each such arrangement for cooperative tions 4n Hawaii be included in the instant ists to conclude that more than one proceeding, or, alternatively, that the frequency pair is required. Further, con­ use of a facility on a case-by-case basis, Commission “issue a Further Notice of sidering the limited number of frequency this recommendation of A PI is not being adopted. Proposed Rule Making for that purpose pairs which are available to the mari­ so that the amendment of Part 81 mak­ time services, we have grave doubts that 8. The comments of RCA are directed to paragraph (c) of proposed § 81.330. ing the service available in both the state it would be appropriate to give en­ of Alaska and the state of Hawaii may be couragement, even for the interim period The proposed wording requires the appli­ cant to “include a full and complete adopted simultaneously.” here involved, to the use of more than 11. On the basis of the limited infor­ one frequency pair for this type of statement showing why the operational fixed frequencies set forth in Subpart P mation included in the comments of repeater. Finally, on a continuing or long RADIOCALL, we are unable to determine term basis, it is our view that if remotely cannot be employed.” RCA requests this paragraph be amended to require the ap­ that the degree of need in Hawaii is the controlled repeaters are to be employed, same as or Is similar to that in Alaska; the remote control function should be plicant to “include a full and complete statement showing why the applicant has or if it would be in the public interest effected on operational fixed frequencies. not applied for operational fixed fre­ to permit the use in Hawaii of maritime Accordingly, we are not in this proceed­ quencies set forth in Subpart P.” It is mobile frequencies on an interim basis ing making available more than one apparent that if paragraph (c )1 were to for this type of operation. There are, of frequency pair for maritime mobile be amended as requested by RCA that course, substantial differences between repeater stations in Alaska. any simpe statement would satisfy the conditions in Alaska and those in Hawaii. 6. API recommends that access to requirements of that paragraph and that We are not, therefore, including Hawaii maritime mobile repeater stations “ also little, if any, information useful to the in the instant proceeding or issuing a be made available to (VHF) limited Commission would be obtained. On the Further Notice of Proposed Rule Making coast Class III-B applicants in those other hand, we feel that the section as to include Hawaii, as requested by areas where the Comm