FEDERAL REGISTER VOLUME 31 • NUMBER 90

Tuesday, May 10,1966 • Washington, D.C. Pages 6851-6886

Agencies in this issue— The President Agency for International Development Agricultural Stabilization and Conservation Service Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Emergency Planning Office Engineers Corps Federal Aviation Agency Federal Communications Commission Federal Contract Compliance Office Federal Housing Administration Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Housing and Urban Development Department Interior Department International Commerce Bureau Interstate Commerce Commission Justice Department Labor Department Land Management Bureau Maritime Administration Securities and Exchange Commission Detailed list of Contents appears inside.

. Just Released CODE OF FEDERAL REGULATIONS

(As of January 1, 1966)

Title 41—Public Contracts and Property Management (Chapters 2-4) (Revised) $0.70

Title 41—Public Contracts and Property Management (Chapters 19-100) (Revised) $0.50

IA cumulative checklist of CFR issuances for 1966 appears in the first issue of the Federal Register each month under Title 11 Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

/SV' Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEHERAIÄREGISTER Archives and Records Service, General Services Administration (mail address National \ IS34 ¿ fm i Area Code 202 c ÜMirrQ » Phone 963-3261 Archives Building, Washington, D.O. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch, 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op F ederal Regulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code op F ederal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the F ederal Register or the Code of F ederal R egulations. Contents

CONSUMER AND MARKETING FEDERAL CONTRACT THE PRESIDENT SERVICE COMPLIANCE OFFICE PROCLAMATION Rules and Regulations Notices National Safety Patrol Week------6855 Milk in Paducah, Ky., marketing Pre-award procedure to insure REORGANIZATION PLAN area; correction------6861 compliance by Government con­ Onions grown in south Texas; tractors with equal employment Reorganization Plan No. 2 of 1966; shipment limitations—:------— 6860 opportunity requirements^------6881 water pollution control------6857 Proposed Rule Making FEDERAL HOUSING Canned green beans and wax ADMINISTRATION EXECUTIVE AGENCIES beans; standards for grades; termination of rule-making pro­ Rules and Regulations AGENCY FOR INTERNATIONAL ceeding------6871 Delegations of basic authority and Milk in Nebraska-Western Iowa functions______i——------6866 DEVELOPMENT markéting area-----„-----— 6873 Notices Nectarines grown in California; FEDERAL MARITIME decision and referendum------6871 Medical Assistance Programs, COMMISSION Inc.; registration as a voluntary Notices Notices aid agency------6876 Identification of carcasses; N orth Atlantic Mediterranean changes in lists of establish­ Freight Conference; notice of AGRICULTURAL STABILIZATION ments------.------6877 agreements filed for approval— 6878 AND CONSERVATION SERVICE CUSTOMS BUREAU FEDERAL POWER COMMISSION Rules and Regulations Notices Notices Determination of acreage ^ and Oklahoma City, Okla.; proposed compliance; crop disposition Piney Point Petroleums et al.; designation as a customs port of order accepting proposed con­ dates; correction------6859 entry___.______—------6871 Puerto Rico; allotment of direct- tract______i------6879 consumption portion of main­ DEFENSE DEPARTMENT FEDERAL TRADE COMMISSION land sugar quota------6860 Upland cotton; applications for See Engineers Corps. Rules and Regulations transfer and amount of allot­ EMERGENCY PLANNING OFFICE Additional discount to mail order ment transferable______6859 seller of paperback books------6866 Notices Advertising s e r v ic e disclosing AGRICULTURE DEPARTMENT Arizona; notice of disaster.------6880 where manufacturers’ products See Agricultural Stabilization and are sold______6866 and Conservation Service; Com­ ENGINEERS CORPS modity Credit Corporation; Rules and Regulations FISH AND WILDLIFE SERVICE Consumer and Marketing Ohio and Mississippi Rivers; navi­ Rules and Regulations Service. gation regulations------— 6867 Chautauqua National Wildlife Ref­ uge, HI.; sport fishing__ U------6869 ARMY DEPARTMENT FEDERAL AVIATION AGENCY See Engineers Corps. Rules and Regulations HOUSING AND URBAN Alterations:. DEVELOPMENT DEPARTMENT CIVIL AERONAUTICS BOARD Control zone_____<------6864 See also Federal Housing Admin­ Notices Control zone and transition area istration. (2 documents)------6864 Allegheny Airlines, Inc., Segment Notices 8 renewal and route realignment Proposed Rule Making Under Secretary of Housing and investigation; notice of hear­ Control zone and Transition area: Urban Development; delegation ing ______6878 Proposed alteration______6873 of authority______— ------6878 Proposed designation and al­ CIVIL SERVICE COMMISSION teration ______6873 INTERIOR DEPARTMENT See also Fish and Wildlife Serv­ Rules and Regulations FEDERAL COMMUNICATIONS ice; Land Management Bureau. Housing and Home Finance COMMISSION Notices Agency; excepted service------6859 Rules and Regulations Geological Survey; delegation of COMMERCE DEPARTMENT Las Vegas, Nev., et al.; table of authority______!------6876 assignments ______6868 Timme, E. F.; report of appoint­ See International Commerce Bu­ Petitions for suspension of tariff ment and statement of financial reau; Maritime Administration. schedules______6868 interests------6877 Proposed Rule Making Water pollution control program. 6877 COMMODITY CREDIT Commercial UHF assignment for INTERNATIONAL COMMERCE CORPORATION Martinsville, Va.; table of as­ BUREAU Rules and Regulations signments for TV channels___ 6874 Rules and Regulations Cotton, upland; price support and Notices diversion program regulations, Northwest Broadcasters, Inc. Miscellaneous amendments to 1966 and subsequent years------6861 (KBVU), et al.; order schedul­ chapter______.__ * 6864 Tobacco export program..______6862 ing hearing______6878 (Continued on next page) 6853 6854 CONTENTS

INTERSTATE COMMERCE LABOR DEPARTMENT SECURITIES AND EXCHANGE COMMISSION See also Federal Contract Compli­ COMMISSION ance Office. Notices Notices Notices Fourth section applications for Hearings, etc.: relief______6882 Advisory Council on Employee Welfare and Pension Benefit Leach Corp______6880 Motor carrier: Metropolitan Edison Co_____ ._ 6881 Temporary authority applica­ Plans; recommendation for ap­ tions______6883 pointment______6882 Transfer proceedings-______6884 STATE DEPARTMENT LAND MANAGEMENT BUREAU See Agency for International De­ JUSTICE DEPARTMENT Rules and Regulations velopment. Rules and Regulations California; public land order___ 6868 O r g a n i z a t i o n ; miscellaneous Notices TREASURY DEPARTMENT amendments______6867 Nevada; land classification_____ 6876 See Customs Bureau. MARITIME ADMINISTRATION Notices Carriage of oil to Rhodesia_____ 6878

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1966, and specifies how they are affected.

3 CFR 14 CFR 28 CFR Proclamation: 71 (3 documents) 6864 o------______6867 3722______6855 P roposed R ules: P residential Documents Other 71 (2 documents) 6873 33 CFR T han P roclamations and Exec­ utive Orders: 15 CFR 207------6867 Reorganization Plan No. 2 of 1966_ 6857 384___ 5 CFR 399______6866 43 CFR 213 6859 1 6 CFR P ublic Land Orders : 15 (2 documents) 6866 39^ (amended by PLO 4000)_____ 6868 7 CFR 4000______6868 718______6859 19 CFR 722______6859 P roposed R ules: 47 CFR 815______6860 1______6«71 _ 959______6860 1------6868 1099______6861 24 CFR 73------6868 1427______6861 200— ______6866 P roposed R ules: _ 1490______6862 73______6874 P roposed R ules : 52______6871 916______6871 50 CFR 1065______6873 33— ______6869 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3722 NATIONAL SCHOOL SAFETY PATROL WEEK By the President of the United States of America A Proclamation Safety on our streets and highways is one of our Nation’s most criti­ cal problems. Today, as traffic hazards continue to increase, it is more important than ever that our children be protected as they travel to and from school. The school safety patrol program, sponsored jointly by our schools, police departments, and motor clubs, has contributed immeasurably to the safety of our youngsters. Since this program began, over 40 years ago, more- than sixteen million children have served as school safety patrol members, safe­ guarding the lives of their fellow students. During that time the traffic death rate among school children has been reduced by nearly one-half, while the death rate of other age groups has doubled. To give recognition to the efforts and accomplishments of school safety patrols, the Congress by a joint resolution approved May 5, 1966, has designated the week of May 8 to May 14, 1966, as National School Safety Patrol Week and has requested the President to issue a proclamation calling for its observance. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby call upon the people of the United States to observe National School Safety Patrol Week with ceremonies and activities designed to give honor and recognition to those school children who unselfishly devote their time to insure the safety of their fellow students, and to all others whose unstinting cooperation and assistance have made our school safety patrol program an outstanding success. I urge parents, school officials, community leaders and others inter­ ested in the safety and well being of our school children to give their continued support and encouragement to the school safety patrol program. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this Fifth day of May in the year of our Lord nineteen hundred and sixty-six, and of the [ s e a l ] Independence of the United States of America the one hun­ dred and ninetieth. L yndon B. J ohnson By the President: D ean R usk, Secretary of State. [F.R. Doc. 66-5148, Filed, May 9, 1966; 10:24 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966

THE PRESIDENT 6857 Reorganization Plan No. 2 of 1966 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 28,1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended} WATER POLLUTION CONTROL Section 1. Transfers of functions and agencies, (a) Except as otherwise provided in this section, all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act, as amended, hereinafter referred to as the Act (83 U.S.C. 466 et seq.), including all functions of other officers, or of employees or agencies, of that Department under the Act, are hereby transferred to the Secretary of the Interior. (b) The Federal Water Pollution Control Administration is hereby transferred to the Department of the Interior. (c) (1) The Water Pollution Control Advisory Board, together with its functions, is hereby transferred to the Department of the Interior. (2) The functions of the Secretary of Health, Education, and Wel­ fare (including those of his designee) under section 9 of the Act shall be deemed to be hereby transferred to the Secretary of the Interior. (3) The Secretary of Health, Education, and Welfare shall be an additional member of the said Board as provided for by section 9 of the Act and as modified by this reorganization plan. (d ) (1) The Hearing Boards provided for in sections 10(c)(4) and 10(f) of the Act, including any Boards so provided for which may be in existence on the effective date of this reorganization plan, together with their respective functions, are hereby transferred to the Depart­ ment of the Interior.. (2) The functions of the Secretary of Health, Education, and Wel­ fare under the said sections 10(c) (4) and 10(f) shall be deemed to be hereby transferred to the Secretary of the Interior. (3) The Secretary of the Interior shall give the Secretary of Health, Education, and Welfare opportunity to select a member of each Hear­ ing Board appointed pursuant to sections 10(c) (4) and 10(f) of the Act as modified by this reorganization plan. (e) There are excepted from the transfers effected by subsection (a) of this section (1) the functions of the Secretary of Health, Education, and Welfare and the Assistant Secretary of Health, Education, and Welfare under clause (2) of the second sentence of section 1(b) of the Act, and (2) so much of the functions of the Secretary of Health, Edu­ cation, and Welfare under section 3(b)(2) of the Act as relates to public health aspects. (f) The functions of the Surgeon General under section 2(k) of the Water Quality Act of 1965 (79 Stat. 905) are transferred to the Secretary of Health, Education, and Welfare. Within 90 days after this reorganization plan becomes effective, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall present to the President for his approval, an interdepartmental agreement providing in detail for the implementation of the consultations pro­ vided for by said section 2(k). Such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President.

1 Effective May 10, 1966, under the provisions of section 6 of the Act : published pursuant to section 11 of the Act (63 Stat. 203 ; 5 U.S.C. 133z).

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 6858 THE PRESIDENT (g) The functions of the Secretary of Health, Education, and Wel­ fare* under sections 2(b), (c), and (g) of the Water Quality Act of 1965 ar.$ hereby transferred to the Secretary of the Interior : Provided, That the Secretary of the Interior may exercise the authority to pro­ vide further periods for the transfer to classified positions in the Fed­ eral Water Pollution Control Administration of commissioned officers of the Public Health Service under said section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare. (h) The functions of the Secretary of Health, Education, and Welfare under the following provisions of law are hereby transferred to the Secretary of the Interior : (1) Section 702(a) of the Housing and Urban Development Act of 1965 (79 Stat. 490). (2) Section 212 of the Appalachian Regional Development Act of 1965 (79 Stat. 16). (3) Section Ï06 of the Public Works and Economic Development Act of 1965 (79 Stat. 554), Sec. 2. Assistant Secretary of the Interior. There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall, except as the Secretary of the Interior may direct otherwise, assist the Secretary in the discharge of the functions transferred to him hereunder, who shall perform such other duties as the Secretary shall from time to time prescribe, and who shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of the Interior. Sec. 3. Performance of transferred functions. The provisions of sections 2 and 5 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262) shall be applicable to the functions transferred hereunder to the Secretary of the Interior to the same extent as they are applicable to the functions transferred to the Secretary thereunder. S ec. 4. Incidental provisions, (a) So much of the personnel, prop­ erty, records, and unexpended balances of appropriations, allocations^ and other funds, employed, used, held, available, or to be made avail­ able in connection with the functions tranferred to the Secretary of the Interior or the Department of the Interior by this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Department of the Interior at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be car­ ried out in such manner as he shall direct and by such agencies as he shall designate. (c) This reorganization plan shall not impair the transfer rights and benefits of commissioned officers of the Public Health Service provided by section 2 of the Water Quality Act of 1965. Sec. 5. Abolition of office, (a) There is hereby abolished that office of Assistant Secretary of Health, Education, and Welfare the incum­ bent of which is on date of the transmittal of this reorganization plan to the Congress the Assistant Secretary of Health, Education, and Welfare designated by the Secretary of Health, Education, and Wel­ fare under the provisions of section 1 (b) of the Act. (b) The Secretary of Health, Education, and Welfare shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the Assistant Sècretary whose office is abolished by subsection (a) of this section. [F.R. Doc. 66-5095 ; Filed, May 9, 1966; 8: 48 a.m.]

FEDERAL REGISTER, VOL. 3T, NO. 90— TUESDAY, MAY 10, 1966 6859 Rules and Regulations

(R.S. 1753, sec. 2, 22 Stat. 403, as amended; old cotton farm in 1966 and does not Title 5— ADMINISTRATIVE 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, properly provide for such transfer rights 3 CFR, 1954-1958 Comp., p. 218) to take effect in 1967, 1968, and 1969. PERSONNEL United States Civil Serv­ Subparagraph (1) of § 722.436(a) is ice Commission, further clarified to repeat the rule in Chapter I— Civil Service Commission [seal] Mary V. W enzel,' § 722.437(d) that the farm to which Executive Assistant to transfer by sale or lease is made shall PART 213— EXCEPTED SERVICE the Commissioners. be a farm which received a 1965 allot­ ment greater than zero. Housing and Home Finance Agency [F.R. Doc. 66-5088; Filed, May 9, 1966; 8:48 a.m.] (b) Subparagraph (3) of § 722.436(a) and Department of Housing and and the exception clause in the iast Urban Development sentence of § 722.437(d) provide that the owner of a farm having a 1965 allotment Section 213.3384 is amended to show Title 7— AGRICULTURE greater than zero retains his eligibility that 11 positions are added to Schedule to acquire allotment by sale or lease for C. Section 213.3344 is also amended to Chapter VII— Agricultural Stabiliza­ another farm if the 1965 farm is taken show that the position of President, Fed­ tion and Conservation Service by an agency having the right of eminent eral National Mortgage Association, is (Agricultural Adjustment), Depart­ domain and such 1965 allotment is pooled now listed under § 213.3384. Effective ment of Agriculture for the benefit of such owner under sec­ on publication in the F ederal R egister, tion 378 of the act. subparagraph (1) and the headnote of SUBCHAPTER B— FARM MARKETING QUOTAS Since this amendment is applicable to paragraph (d) of § 213.3344 are revoked AND ACREAGE ALLOTMENTS the 1966 crop and producers are cur­ and subparagraphs (10), (11), and (12) rently making plans for such crop, it is are added to paragraph (a); subpara­ PART 718— DETERMINATION OF ACREAGE AND COMPLIANCE essential that this amendment be made graphs (2), (3), (4), and (5) are added effective as soon as possible. Accord­ to paragraph (c); subparagraphs (3), Crop Disposition Dates; Correction (4), and (5) are added to paragraph (d); ingly, it is hereby found and determined and subparagraph (2) is added to para­ In F.R. Doc. 66-4099 appearing on page that compliance with the notice, public graph (e) of § 213.3384 as set out below. 5812 of the issue for Friday, April 15, procedure, and 30-day effective date 1966, the following corrections are made requirements of section 4 of the Admin­ § 213.3344 Housing and Home Finance in § 718.16(b): istrative Procedure Act (60 Stat. 238; Agency. 1. Under California (1) (iii), the first 5 U.S.C. 1003) is impracticable and ♦ * * * * word enclosed in parenthesis immediate­ contrary to the public interest and this ly following Kern is changed from amendment shall be effective upon filing (d) [Revoked] “Tehachipi” to read “Tehachapi”. this document with the Director, Office § 213.3384 Department of Housing and 2. Under South Dakota (1) (ii), “Perk- of the Federal Register. Urban Development. ings” is changed to read “Perkins”. The regulations for Acreage Allot­ ments for 1966 and Succeeding Crops of (a) Office of the Secretary. * * * Signed at Washington, D.C., on May 4, Upland Cotton (31 F.R. 5300) are (10) One Executive Assistant to the 1966. amended as follows: Secretary. E. A. J aenke, 1. Section 722.436(a) of the regula­ (11) One Administrative Assistant to Acting Administrator, Agricul­ tions is amended to read as follows: the Secretary. tural Stabilization and Con­ (12) President, Federal National servation Service. § 722.436 Applications for transfer. Mortgage Association. [F.R. Doc. 66-5058; Filed, May 9, 1966; (a) Persons eligible to file applications * ♦ * * * 8:46 a.m.] for transfers—(1) Sale or lease. The (c) Office of the Assistant Secretary owner and operator of- any old cotton for Renewal and Housing Assistance. [Amdt. 1] farm, as defined in § 722.404(b) (13), for * * * which an upland cotton allotment is or PART 722— COTTON (2) One General Deputy, Renewal and will be established for the year in which Housing Assistance. Subpart— Acreage A llotm ents for the transfer by sale or lease is to take (3) One Deputy Assistant Secretary, 1966 and Succeeding Crops of Up­ effect (1966-69) shall be eligible to file Renewal Projects Administration. land Cotton an application for sale or lease of all (4) One General Deputy, Renewal or part of such allotment to any other Projects Administration. Applications for T ransfer and Amount owner or operator of a farm which (5) One Deputy Assistant Secretary, of Allotment T ransferable received an upland cotton allotment Housing Assistance Administration. Basis and purpose. This amendment greater than zero for 1965 and which (d) Office of the Assistant Secretary is issued pursuant to the Agricultural has a current upland cotton allotment for Metropolitan Development. * * * Adjustment Act of 1938, as amended for transfer to such farm. If the owner (3) Director, Land and Facilities Ad­ (52 Stat. 31, as amended; 7 U.S.C. 1281 and operator of the farm from which ministration. et seq.). The following provisions are transfer by sale or lease is to be made (4) One General Deputy, Land and included in this amendment. are- different persons, both such persons Facilities Administration. (a) Subparagraphs (1) and (2) of shall execute the application. (5) One Deputy Assistant Secretary § 722.436(a) are amended to make clear (2) By owner. The owner of any old for Metropolitan Development. that a transfer by sale or lease and by cotton farm, as defined in § 722.404(b) (e) Office of the Assistant Secretary owner to take effect during 1966, 1967, (13), for which an upland cotton allot­ for Demonstrations and Intergovern­ 1968, and 1969 may be made from an old ment is or will be established for the mental Relations. * * * cotton farm, as defined in § 722.404(b) year in which the transfer is to take (2) One Deputy Assistant Secretary (13), which has a current allotment. effect (1966-69) is eligible to file an ap­ for Demonstrations and Intergovern­ The present language of these subpara­ plication to transfer such allotment from mental Relations and Director of Urban graphs authorizes such transfers from a the farm to another farm in the same Program Coordination. farm having a 1965 allotment, i.e., an State owned or controlled by such owner.

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 No. 90----- 2 6860 RULES AND REGULATIONS

(3) Pooled allotments. Notwith­ Chapter VIII—-Agricultural Stabiliza­ sequently, the amendment made herein standing the requirement of subpara­ tion and Conservation Service shall become effective when published in the F ederal R egister. graph (1) of this paragraph that the (Sugar), Department of Agriculture farm to which transfer is made be a Order. Pursuant to the authority farm which received a 1965 upland cot­ SUBCHAPTER B— SUGAR REQUIREMENTS AND vested in the Secretary of Agriculture by ton allotment greater than zero, appli­ QUOTAS section 205(a) of the Act, and in ac­ cations may be filed to transfer allot­ cordance with paragraph (c) of § 815.7 ment by sale or lease to a farm for which [Sugar Reg. 815.7; Amdt. 1] of this chapter, it is hereby ordered that a 1965 upland cotton allotment was not PART 815— ALLOTMENT OF DIRECT- paragraph (a) of § 815.7 be amended to established if an allotment is established CONSUMPTION PORTION OF read as follows: for such farm during the period 1966-69 MAINLAND SUGAR QUOTA FOR § 815.7 Allotment of the direct-con­ from pooled allotment under section 378 sumption portion of mainland sugar of the act derived from a farm which PUERTO RICO quota for Puerto Rico for the calen­ received an upland cotton allotment in dar year 1966. 1965 greater thpn zero, and for which Calendar Year 1966 an allotment is or will be established for Basis and purpose. This amendinent (a) Allotments. The direct-consump­ the year in which the transfer is to take tion portion of the 1966 mainland sugar is issued under section 205(a) of the quota for Puerto Rico, amounting to effect. Sugar Act of 1948, as amended (herin- 150,000 short tons, raw value, is hereby ***** after called the “Act”) for the purpose of amending Sugar Regulation 815.7 (31 allotted as follows: 2. Section 722.437(d) of the regula­ F.R. 74), which established allotments Direct consumption allot­ tions is amended to read as follows: of the direct-consumption portion of the ment (short tons, 1966 mainland quota for Puerto Rico. Allottee raw value) § 722.437 Amount of allotment trans­ This amendment of S.R. 815.7 is neces­ Central Aguirre Sugar Co., a trust__ 6,246 ferable. sary to substitute final 1965 data on en­ Central Rolg Refining Co___------20,906 ***** Central San Francisco______1, 308 tries of direct-consumption sugar for Puerto Rican American Sugar Refy., (d) Sale and lease transfers—limit on estimates of such quantities, and to give In c ______-______97, 797 amount of acreage transferred. The to­ effect to Sugar Regulation 811, Amdt. 4 Western Sugar Refining Co____,____ 23, 7J.3 tal upland cotton allotment which may (31 F.R. 5681) which established the Liquid sugar reserve for persons be transferred by sale or lease to a farm direct-consumption portion of the 1966 other than named above______30 mainland quota for Puerto Rico of shall not exceed the acreage obtained Total ______—— 150,000 by subtracting the allotment (excluding 150.000 short tons, raw value, a quantity reapportioned acreage.) for such farm 3.000 tons greater than the quantity * * * * * previously established. This order also (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153, secs. 205, established for the year the transfer is allots the entire direct-consumption por­ 207, 209; 61 Stat. 926, 927, 928; 7 U.S.C. 1115, to take effect from the -sum of (1) the tion of the 1966 quota. Previous 1966 1117, 1119) 1965 farm allotment before release and allotments were limited to 90 percent of Effective date. This amendment shall reapportionment and (2) 100 acres. No such quota. ' . become effective on the date of its pub­ farm shall be eligible for transfer of an The substitution of final data for esti­ lication in the F ederal R egister. allotment by sale or lease unless such mates of 1965 direct-consumption en­ farm received an upland cotton allot­ tries in finding (7) results in the 1961-65 Signed at Washington, D.C., this 4th ment greater than zero for 1965 and for average annual marketings set forth day of May 1966. E. A. J aenke, the year in which the transfer is to take below, which are used herein in deter­ mining the allotments: Acting Administrator, Agricul­ effect, except that allotment may be tural Stabilization and Con­ transferred to a farm for which an up­ Average annual marketings 1961-65 (short tons, servation Service. land cotton allotment was established Allottee raw rvalue) [F.R. Doc. 66-5059; Filed, May 9, 1966; under provisions of section 378 of the Central Aguirre Sugar Co------5, 804 8:46 a.m.] act during the period 1966-69 from Central Roig Refining Co------20, 623 pooled allotment if the farm which was Central San Francisco______— 1, 091 Chapter IX— Consumer and Market­ acquired by the agency having the power Puerto Rican American Sugar Refy., Inc ______— - 97,531 ing Service (Marketing Agreements of eminent domain, and which con­ Western Sugar Refining Co------23, 772 and O rd ers; Fruits, Vegetables, tributed the allotment to the pool, had an allotment greater than zero for 1965. Total______148,821 Nuts), Department of Agriculture [959.306 Amdt. 1] For purposes of determining the amount Findings heretofore made by the Sec­ of allotment eligible for transfer by sale retary in the course of this proceeding PART 959— ONIONS GROWN IN or lease under the first sentence of this (31 F.R. 74) provide that this order shall SOUTH TEXAS paragraph, the 1965 farm allotment on be revised without further notice or hear­ the farm acquired by the agency shall ing for the purposes indicated above and Limitation of Shipments be used, regardless of the allotment ac­ such findings set forth the procedure for Findings, (a) Pursuant to Marketing tually transferred from the pool. the revision of allotments. Agreement No. 143 and Order No. 959 (7 Accordingly, allotments are herein CFR Part 959), both as amended, regu­ * * * * * established on the basis of and consistent lating the handling of onions grown in (Sec. 344a, 375, 79 Stat. 1197, 52 Stat. 66, with such findings. designated counties in South Texas, ef­ as amended; 7 U.S.C. 1344b, 1375) Effective date. Allotments established fective under the applicable provisions of Effective date. Date of filing this in this order for all allottees are larger the Agricultural Marketing Agreement than the allotments established in S.R. Act of 1937, as amended (Secs. 1-19, 48 document with the DirectoBr©ffice of the 815.7 (31 F.R. 74). To afford adequate Stat. 31, as amended; 7 U.S.C. 601 et Federal Register. opportunity to plan and to market the seq.), and upon the basis of the recom­ Signed at Washington, D.C., on May additional quantities of sugar in an mendation and information submitted 5, 1966. orderly manner, it is imperative that this by the South Texas Onion Committee, E. A. J aenke, amendment becomes effective as soon as established pursuant to said marketing possible. Accordingly, it is hereby de­ agreement and order, and upon other Acting Administrator, Agricul­ termined and found that compliance available information, it is hereby found tural Stabilization and Con­ with the 30-day effective date require­ that the amendment to the limitation of servation Service. ment of the Administrative Procedure shipments hereinafter set forth will tend [F.R. Doc. 66-5076; Filed, May 9, 1966; Act (60 Stat. 237) is impracticable and to effectuate the declared policy of the 8:47 a.m.] contrary to the public interest and, con­ act.

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 RULES AND REGULATIONS 6861 (b) It is hereby found that it is im­ of producer milk at the pool plant (s) of (d) Date of issuance. The date of is­ practicable and contrary to the public each handler as follows: suance shown on each certificate shall be interest to give preliminary notice, or * * * * * the date the certificate is issued. Substi­ engage in public rule making procedure, tute certificates issued to replace original and that good cause exists for not post­ certificates never received by the payee poning the effective date of this amend­ Chapter XIV— Commodify Credit Cor­ shall bear a current date of issuance. ment until 30 days after publication in poration, Department of Agriculture Substitute certificates issued to replace the F ederal R egister (5 U.S.C. 1003) in other original certificates shall bear the that (1) the time intervening between SUBCHAPTER B— LOANS, PURCHASES, AND OTHER OPERATIONS same date of issuance as the certificate the date when information upon which being replaced. this amendment is based became avail­ PART 1427— COTTON (e) Signature and countersignature. able and the time when this amendment To be valid, each certificate must be must become effective in order to effec­ Subpart— Upland Cotton Price Sup­ signed and countersigned by authorized tuate the declared policy of the act is in­ port and Diversion Program Regu­ representatives of CCC. sufficient, (2) compliance with this lations, 1966 and Subsequent (f) Transfer. The certificate may be amendment will not require any special Years transferred to any person or firm, in preparation on the part of handlers, (3) Sec. which case the certificate must be en­ information regarding the committee’s 1427.2101 Purpose. dorsed by the named payee and by the recommendation has been made avail­ 1427.2102 Issuance erf certificates. holder who presents it to CCC. able to producers and handlers in the 1427.2103 Redemption of certificates. (g) Expiration date. The certificate production area, and (4) this amendment 1427.2104 Cash, advance. shall expire three years after date of relieves restrictions on the handling of ' 1427.2105 Marketing of certificates. issuance and thereafter will not be re­ onions grown in the production area. 1427.2106 Administration. deemable by CCC. Order, as amended. In § 959.306 C31 Authority : This subpart issued under F.R. 812), the provisions in the opening secs. 4 and 5, 62 Stat. 1070, as amended, secs. § 1427.2103 Redemption of certificates. paragraph preceding “(2)” are amended 101, 103(d), 401, 63 Stat. 1051, as amended; Certificates shall be redeemable in to read as follows: 15 U.S.C. 714 b and c; 7 U.S.C. 1441, 1444(d), 1421. cotton upon terms and conditions estab­ During the period beginning March 1, lished by the Executive Vice President, 1966, through June 15, 1966, no handler § 1427.2101 Purpose. CCC, by submitting an application to the may (1) except for May 8, 1966, pack­ The regulations in this subpart pro­ New Orleans ASCS Commodity Office, age or load onions on Sundays. vide for price support and diversion pay­ 120 Marais Street, New Orleans, La. If (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. ments earned under the upland cotton the full amount of the face value of a 601-674) diversion and price support payment certificate tendered by the payee or a Effective date. Issued May 6, 1966, to program regulations for 1966 and sub­ subsequent holder for redemption in cot­ become effective upon issuance. sequent years (Part 722 of Chapter VII ton is not fully redeemed in cotton, a of this Title 7) to be made by actual or balance certificate shall be issued to the P aul A. Nicholson, constructive delivery of negotiable cer­ certificate holder for the unused amount. Deputy Director, F ru it and tificates by Commodity Credit Corpora­ If the amount is $3.00 or less, no balance Vegetable Division, Consumer tion (hereinafter called “CCC”) to pro­ certificate will is issued unless requested. and Marketing Service. ducers and for the making of cash The date of the balance certificate shall [F.R. Doc. 66-5134; Filed, May 9, 1966; advances by CCC to producers who wish be the date of issuance of the original 8:48 a.m.} CCC’s assistance in the marketing of certificate. Balance certificates may be certificates earned by them. The regu­ tendered to CCC for redemption in cotton lations in this subpart also provide the in the same manner as the original cer­ Chapter X— Consumer and Marketing methods by which CCC will redeem cer­ tificates. Balance certificates issued to Service (M arketing Agreements tificates and market certificates for the payee shown on the original certifi­ and Orders; Milk), Department of which its assistance in marketing has cate may be surrendered by the payee Agriculture been requested. to CCC for marketing. [Milk Order 99] § 1427.2102 Issuance of certificates. § 1427.2104 Cash advance. PART 1099— MILK IN PADUCAH, KY., The county committee will issue to A cash advance shall be made by the MARKETING AREA each producer who is entitled to a pay­ county committee on behalf of CCC to ment under the upland cotton diversion any payee who requests CCC’s assistance Order Amending Order and price support payment program in marketing a certificate earned by him Correction regulations for 1966 and subsequent under this subpart. Only the payee shall years a cotton payment-in-kind certifi­ have this option. If such request is made In F.R. Doc. 66-4758, appearing at page cate (Form CCC-861) (hereinafter called at the time the payee applies for pay­ 6536 of the issue for Saturday, April 30, “certificate”) for the amount of such ment, constructive delivery of the certifi­ 1966, the following corrections are made: payment, except where the producer re­ cate to the payee will be made by mak­ 1. Section 1099.43(d)(6) should read quests CCC’s assistance in marketing his ing the cash advance and crediting a as follows: certificate at the time of applying for certificate pool with the value of the § 1099.43 Transfers. payment, subject to the following terms certificate earned by him. A payee who ***** and conditions: does not request CCC’s assistance in (a) Terms. Any certificate issued marketing his certificate at such time (d) * * * shall be subject to the provisions em­ (6) If the form in which any fluid milk may subsequently request CCC’s assist­ bodied in it and the provisions of this ance in marketing the certificate by de­ product is transferred to an other order subpart. livering it to the county committee for plant is not defined as a fluid milk prod­ (b) Payee. Each certificate will be marketing. Such certificate shall also uct under such other order, classification issued only to the producer who is en­ shall be in accordance with the provisions be credited to a certificate pool. A cash of § 1099.41. titled to the payment or to his assignee advance to a payee shall be made in the if he has assigned his right to payment form of a CCC sight draft for the face 2. The introductory text of § 1099.45 in accordance with the upland cotton value of the certificate. should read as follows: diversion and price support program § 1427.2105 Marketing of certificates. § 1099.45 Allocation of skim milk and regulations for 1966 and subsequent butterf at classified. years. All certificates for which payees have (c) Face value. The face value of requested CCC’s assistance in marketing After making the computations pur­ each certificate, which will be shown on and received cash advances shall be suant to § 1099.44, the market adminis­ the certificate, will be the amount de­ pooled by CCC and shall lose their iden­ trator shall determine the classification termined to be payable to the payee. tity as individual certificates. The

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 6862 RULES AND REGULATIONS amount of the certificate pool shall be the date of issuance of the regulations able by a U.S. agency such as the Agency the total of the value of the certificates in this part, or the tobacco must have for International Development or the of which CCC has made constructive been purchased by the exporter after the Export-Import Bank, are not sales to a delivery to the payees and the value of date of issuance of the regulations in U.S. Government Agency unless the to­ the certificates presented to the county this part and exported to himself or an bacco is to be transferred by such buyers offices by the payees for marketing by affiliate abroad. Export payments will to a UJS. Government Agency. CCC. Such amount shall be equal to the be made on submission of appropriate (e) The term “weight " certificate” amount of cash advances. CCC shall evidence of compliance with the provi­ means a certificate executed by a weigh- market the rights represented by pooled sions of this subpart. man licensed by a State or other govern­ certificates upon terms and conditions mental authority or by other persons ac­ established by the Executive Vice Presi­ § 1490.2 Definitions. ceptable to CCC which shows the gross dent, CCC, at such times and in such (a) The term “CCC” means Com­ weight of tobacco and the container in manner as CCC determines will best ef­ modity Credit Corporation. which it is exported or the net weight of fectuate the purposes of the program. (b) The term “ASCS” means Agri­ the exported tobacco. cultural Stabilization and Conservation (f) The term “United States” means § 1427.2106 Administration. Service. the 50 States of the United States, the This subpart will be administered by (c) The term “eligible country” means District of Columbia, Puerto Rico, and the Agricultural Stabilization and Con­ any destination outside the United the territories and possessions of the servation Service under the general di­ States other than any country or area for United States. rection and supervision of the Executive which an export license is required under Vice President, CCC, and in the field will regulations issued by the Bureau of In­ § 1490.3 Rate of payment. be carried out by Agricultural Stabiliza­ ternational Commerce, U.S. Department The rate of export payment shall be tion and Conservation State committees of Commerce, unless a license for ship­ five dollars ($5) per hundredweight of and Agricultural Stabilization and Con­ ment or transshipment thereto has been eligible tobacco. servation county committees (herein obtained from such bureau. called State and county committees), (d) (1) The terms “export” and “ex­ § 1490.4 Eligible tobacco. and the New Orleans ASCS Commodity portation” mean, except as hereinafter Tobacco eligible for export payment Office. State and county offices, State provided, a shipment from the United under this subpart shall be unmanufac­ and county committees, the New Orleans States destined to an eligible country tured Flue-cured tobacco of the 1960, ASCS Commodity Office, and employees with the intent that the tobacco shall 1961, and 1962 crops which (a) was pro­ thereof do not have authority to modify become a part of the mass of goods of duced in the United States, (b) was not or waive any the provisions of this sub­ the eligible country. Tobacco so shipped purchased from the Flue-Cured Tobacco part or any amendments or supplements shall be considered to have been exported Cooperative Stabilization Corporation to this subpart. on the date which appears on the appli­ under terms and conditions providing for cable on-board vessel export bill of lading or authorizing a refund of a part of the Signed at Washington, D.C., on May purchase price upon proof of exporta­ 4,1966. or other document authorized by this subpart to be furnished in lieu of such tion. E. A. J a e n k e , bill of lading, or if shipment from the § 1490.5 Eligible exporter. Acting Executive Vice President, continental United States is by truck or Commodity Credit Corporation. rail, the date the shipment clears U.S. An exporter, to be eligible to partici­ [PJR. Doc. 66-5060; Piled, May 9, 1966; Customs. If any of the tobacco is lost, pate in this program must be an indi­ 8:46 a.m.] destroyed, or damaged after loading on vidual, corporation, partnership, asso­ board an export ship, export shall be con­ ciation, or other business entity, who is sidered to have been as of the date of engaged in the business of buying or sell­ SUBCHAPTER C— EXPORT PROGRAMS the on-board ship ocean bill of lading or ing tobacco for export, for this purpose PART 1490— PAYM ENTS ON EX­ other document authorized by this sub­ maintains a bona fide business office in PORTS OF CERTAIN KINDS OF TO­ part to be furnished in lieu of such bill of the continental United States, and there­ in has a person, principal, or resident BACCO lading, or as of the latest date appearing on the loading tally sheet or similar agent upon whom service of process may Subpart— Tobacco Export Program documents if the loss, destruction, or be had. S e c . damage occurs subsequent to loading § 1490.6 Sales and purchase contracts. 1490.1 General. aboard ship but prior to issuance of on­ The eligible tobacco must have been 1490.2 Definitions. board ship ocean bill of lading or such exported' by the exporter pursuant to a 1490.3 Bate of payment. other document, except that, if the “lost” 1490.4 Eligible tobacco. or “damaged” tobacco remains in the contract of sale entered into by him 1490.5 Eligible exporter. United States, it shall not be considered with a foreign buyer on or after the date 1490.6 Sales and purchase contracts. as exported if CCC determines that the of issuance of the regulations in this 1490.7 Application for tobacco export pay­ part or the eligible tobacco must have ment and evidence of export. condition of the “lost” or “damaged” been purchased by the exporter after the 1490.8 Reentry or transshipment. tobacco is such that it can be disposed of date of issuance of the regulations in 1490.9 Assignments and setoffs. in the domestic market in a manner this part and exported to himself or an 1490.10 Records and accounts. which will adversely affect CCC’s price 1490.11 Officials not to benefit. support or export programs. affiliate in an eligible country. 1490.12 Amendment and termination. (2) Notwithstanding any of the pro­ § 1490.7 Application for tobacco ex­ Au thority : The provisions of this sub­ visions of this part, a shipment of eligi­ port payment and evidence of ex­ part are issued under secs. 4, 5, 62 Stat. ble tobacco pursuant to a sale to a U.S. port. 1070, as amended, 15 U.S.C. 714(b) . Government Agency shall not qualify as (a) The exporter shall submit an orig­ § 1490.1 General. an export or exportation. The term inal and one copy of an application for “U.S. Government Agency” means any tobacco export payment on the form pre­ The regulations in this part state the corporation wholly owned by the Fed­ scribed by CCC to the Fiscal Division, terms and conditions under which Com­ eral Government, and any department, ASCS, U.S. Department of Agriculture, modity Credit Corporation, an agency bureau, administration or other units of Washington, D.C., 20250. Supplies of the and instrumentality of the United States the Federal Government as, for example, within the Department of Agriculture, the Departments of the Army, Navy, and applications form may be obtained from will make a cash payment to an ex­ Air Force, the Agency for International that office. In the application, the ex­ porter on exportation of eligible tobacco Development, the Army and Air Force porter shall state and certify, among to an eligible country. The tobacco must Exchange Service, and the Panama other things, the date of the export sales have been exported by the exporter pur­ Canal Company. Sales to foreign buy­ contract pursuant to which the eligible suant to a contract of sale entered into ers, including foreign governments, tobacco is exported or, if it is not ex­ by him with a foreign buyer on or after though financed with funds made avail­ ported pursuant to such a contract,

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 RULES AND REGULATIONS 6863 the date the exporter purchased such or other evidence of export of any inter­ respect to the application for such pay­ eligible tobacco, the quantity and est in the claim for payment in favor of ment, and (2) any other amounts due type of tobacco exported, the crop the exporter filing such application. CCC if CCC notifies the assignee of such amounts to be set off at the time ac­ year in which it was produced and § 1490.8 Reentry or transshipment. that it was not purchased from CCC knowledgement was made of the receipt loan stocks subject to provisions for re­ If any quantity of tobacco with re­ of notice of such assignment. Setoffs fund upon proof of exportation. Each spect to which an export payment has as provided herein shall not deprive the application for tobacco export payment been made under this subpart is re­ exporter of any right he might otherwise shall be supported by the following docu­ entered into £he United States in un­ have to contest the justness of the in­ mentary evidence, as applicable: manufactured or processed form, or debtedness involved in the setoff action (1) In the case of exportation by while in the course of shipment is di­ either by administrative appeal or by water, a nonnegotiable copy, certified as verted to an ineligible country, whether legal action. or not such reentry or diversion is caused true and correct by the exporter, of an § 1490.10 Records and accounts. onboard ocean bill of lading showing the by the exporter, or if any quantity of number of containers of tobacco, the tobacco with respect to which an export Each exporter shall maintain accurate gross weight of the containers with the payment has been made under this sub­ records concerning transactions under tobacco therein, the date and place of part is transshipped or caused to be this program, including contracts of pur­ loading on board vessel, name of vessel, transshipped by the exporter to any chase and sale, storage and other records the name of the exporter and the con­ country or destination not an eligible which will establish that the tobacco signee and destination; country, the exporter shall promptly re­ upon which export payment is made to (2) In the case of exportation by rail fund to CCC any export payment made the exporter is eligible for such payment or truck, a copy of the bill of lading un­ with respect to the quantity of tobacco under this program. Such records shall der which the tobacco was shipped, to­ so reentered or transshipped. The ex­ be available during regular business gether with (i) an authenticated land­ porter shall not be required to make hours for inspection and audit by author­ ing certificate issued by an official of the such refund if he establishes to the satis­ ized employees of the U.S. Department of Government of the country to which the faction of CCC that (a) the reentry was Agriculture, and shall be preserved for tobacco was exported, or (ii> a copy of not due to his fault or negligence and 3 years after date of export. Shipper’s Export Declaration authenti­ promptly after he received notice of re­ cated by the appropriate U.S. Customs entry he exported the reentered tobacco, §1490.11 Officials not to benefit. official. The bill of lading and support­ or an equivalent quantity of eligible to­ No member or delegate to Congress, ing export form (landing certificate or bacco with respect to which no export or resident Commissioner, shall be ad­ Shipper’s Export Declaration) must ap­ payment has been made, to an eligible mitted to any benefit that may arise from ply to the same shipment of tobacco, and country or (b) the tobacco reentered was any provision of this program, but this such forms, or properly authenticated lost, damaged, or destroyed and its physi­ program shall not be construed to extend attachments, must show the number of cal condition is such that its reentry will to a payment made to a corporation for containers of tobacco, the gross weight not adversely affect CCC’s price support its general benefit. of containers with the tobacco therein, or export programs. § 1490.12 Amendment and termination. the date and place of entry into the § 1490.9 Assignments and setoffs. country of destination, and the name These regulations may be amended or and address of both the exporter and the (a) No assignment shall be made by terminated by filing of such amendment person to whom it was shipped; the exporter of any export payment due or termination with the F ederal R egis­ (3) A weight certificate applicable to hereunder, except that the exporter may ter for publication. Any such amend­ the eligible tobacco exported which is assign the payments due the exporter ment or termination shall not be appli­ dated within 60 days of the date of under the application form provided for cable to exports made prior to the time export; in § 1490.7 to any trust company, Federal and date such amendment or termina­ (4) A copy of the exporter’s invoice to Lending Agency, or other financing insti­ tion becomes effective. the foreign buyer or to the consignee tution and, subject to the approval of the The reporting and/or recordkeeping showing the net weight of the eligible Executive Vice President of CCC, assign­ requirements contained herein have been tobacco exported. If the weight certifi­ ment may be made to any other person: approved by the Bureau of the Budget cate shows only the gross weight of the Provided, That such assignment shall be in accordance with the Federal Reports tobacco, the exporter shall execute the recognized only if and when the assignee Act of 1942. following certification on the copy of the thereof files written notice of the assign­ invoice submitted; ment on Form CCC-251, “Notice of As­ Effective date. Date of filing with the I certify that the net weights on this signment,” together with a signed copy Office of the Federal Register. invoice were determined from the gross of the instrument of assignment, in Signed at Washington, D.C., on May weights shown on the weight certificate ap­ accordance with he instructions on Form 6, 1966. plicable to the tobacco covered by this CCC-251: And provided further, That invoice in accordance with usual trade any such assignment shall cover all E. A. J aenke, practices. Acting Executive Vice President, amounts payable and not already paid Commodity Credit Corporation. (5) Where the exporter establishes under the application and shall not be that for good cause he is unable to sup­ made to more than one person and shall Notice to Exporters ply the specified documentary evidence not be subject to further assignment, ex­ The Department of Commerce, Bureau of of export, CCC may accept such other cept that any such assignment may be International Commerce, pursuant to regu­ evidence of export as will establish to its made to one party as agent or trustee for lations under the Export Control Act of satisfaction that the exporter has quali­ two or more persons. The “Instrument 1949, prohibits the exportation or reexporta­ fied for an export payment under this of Assignment” may be executed on Form tion by anyone of any commodities under part. CCC-252, or the assignee may use his this program to Cuba, the Soviet Bloc or own form of assignment. Forms may Communist-controlled areas of the Par East (b) Payment shall be made to the including Communist China, North Korea, eligible exporter whose name appears as be obtained from the Fiscal Division, and the Communist-controlled, area of Viet­ shipper or consignor on the bill of lad­ ASCS, U.S. Department of Agriculture, nam, except under validated license issued ing or other evidence of export required Washington, D.C., 20250. by the U.S. Department of Commerce, Bureau (b) If the exporter is indebted to CCC, of International Commerce. by paragraph (a) of this section. If the the amount of such indebtedness may be For all exportations, one of the destination shipper or consignor named in the export set off against payments due the exporter control statements specified in Commerce bill of lading or other evidence of export under the application form provided for Department Regulations (Comprehensive is other than the exporter filing the ap­ in § 1490.71 In the case of an assign­ Export Schedule § 379.10(c) ) is required to plication for tobacco export payment, a be placed onr all copies of the shipper’s export ment of any export payment and not­ declaration, all copies of the bill of lading, waiver will be required from the shipper withstanding such assignment, CCC may and all copies of the commercial invoices. or consignor named in such bill of lading set off (1) any amount due CCC with For additional information as to which des-

FEDERAL REGISTER, V O L 31, NO. 90— TUESDAY, MAY 10, 1966 6864 RULES AND REGULATIONS tination control statement to use, the ex­ [Airspace Docket No. 66-EA-16] ocation of the Reno, Nev. (Stead AFB), porter should communicate with the Bureau control zone. of International Commerce or one of, the PART 71— DESIGNATION OF FED­ Since this amendment is minor in na­ field offices of the Department of Commerce. ERAL AIRWAYS, CONTROLLED AIR­ ture and imposes no additional burden Exporters should consult the applicable SPACE, AND REPORTING POINTS Commerce Department regulations for more on any person, notice and public proce­ detailed information if desired and for any dure hereon are unnecessary. Alteration of Control Zone and In consideration of the foregoing, Part changes that may be made therein. Transition Area [F.R. Doc. 66-5133; Filed, May 6, 1966; 71 of the Federal Aviation Regulations is 4-:39 p.m.] The Federal Aviation Agency is con­ amended effective July 21, 1966, as here­ sidering amending §§ 71.171 and 71.181 inafter set forth: of Part 71 of the Federal Aviation Regu­ In § 71.171 (31 F.R. 2129) the Reno, Title 14-AERONAUTICS AND lations which would alter the Ports­ Nev. (Reno Municipal Airport), control mouth, N.H., control zone (31 F.R. 2127) zone is amended to read: and Portsmouth, N.H., transition area R eno, Nev. (Reno Mtjncipal Airport) (31F.R. 2242), Within a 5-mile radius of the Reno Munic­ Chapter I— Federal Aviation Agency With the recent phasing out by the ipal Airport (latitude 39°30'02'' N., longi­ [Airspace Docket No. 66-EA-l] Air Force of KC-97 type aircraft from tude 119°46'07'' W.), and within 2 miles each the Pease AFB, Portsmouth, N.H., the side of the Reno ILS localizer N course, ex­ PART 71— DESIGNATION OF FED­ northwest and southeast control zone tending from the 5-mile radius zone to the ERAL AIRWAYS, CONTROLLED AIR­ extensions may be shortened and the Sparks, Nev., RBN, and within 2 miles each SPACE, AND REPORTING POINTS northwest extension of the 700-foot floor side of the Reno localizer S course, extending transition area may be eliminated. from the 5-mile radius zone to 11 miles S of Alteration of Control Zone and Since this amendment is minor in na­ the airport. Transition Area (Sec. 307(a), Federal Aviation Act of 1958, as ture and is basically less restrictive, amended; 72 Stat. 749; 49 U.S.C. 1348) On Page 2552 of the F ederal R egister notice and public procedure hereon are for February 9, 1966, the Federal Avia­ unnecessary. Issued in Los Angeles, Calif., on May 2, tion Agency published proposed regula­ In view of the foregoing, the proposed 1966. tions which would alter the Manchester, regulations are hereby adopted effec­ Lee E. Warren, N.H., control zone and Concord, N.H., tive 0001 e.s.t., June 23, 1966, as follows: Acting Director, Western Region. transition area. 1. Amend § 71.171 of Part 71 of the [F.R. Doc. 66-5046; Filed, May 9, 1966; Interested parties were given 30 days Federal Aviation Regulations so as to de­ 8:45 a.m.] after publication in which to submit lete in the description of the Portsmouth, written data or views. No objections to N.H., control zone the phrase, “within 2 the proposed regulations have been miles each side of the extended center- Title 15— COMMERCE AND received. line of Runway 34 extending from the In view of the foregoing, the proposed 5-mile radius zone to 9 miles NW of the regulations are hereby adopted effective lift off end of the runway; within 2 miles FOREIGN TRADE June 23, 1966, except as follows; each side of the extended centerline of 1. Under Item 1 of the proposed regu­Runway 16 extending from the 5-mile Chapter III— Bureau of International lations delete the term, “Grenier Field, radius zone to 8 miles SE of the lift off Commerce, Department of Com­ Manchester, N.H.” and insert in lieu end of the runway;” and insert in lieu merce thereof the term, “Grenier Field/Man- thereof, “within 2 miles each side of the SUBCHAPTER B— EXPORT REGULATIONS chester Municipal, Manchester, N.H.” centerline of Runway 16 extended from [10th Gen. Rev. of Export Regs., Arndt. 16] (Sec. 307(a), Federal Aviation Act of 1958, the 5-mile radius zone to 6 miles SE of the 72 Stat. 749; 49 U.S.C. 1348) end of the runway.” MISCELLANEOUS AMENDMENTS TO Issued in Jamaica, N.Y., on April 15, 2. Amend §71.181 of Part 71 of the CHAPTER 1966. Federal Aviation Regulations so as to de­ Parts 384 and 399 of Title 15 of the W ayne H endershot, lete in the description of the Portsmouth, Code of Federal Regulations are amended Deputy Director, Eastern Region. N.H. (Pease AFB), transition area, the phrase, “within 2 miles each side of the as set forth below. 1. Amend § 71.171 of Part 71 of the extended centerline of Runway 34, ex­ (Sec. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. Federal Aviation Regulations so as to de­ tending from the 11-mile radius area to 10945, 26 F.R. 4487, 3 CFR 1959-1963 Comp.; lete in the description of the Manchester, E.O. 11038, 27 F.R. 7003, 3 CFR 1959-1963 13 miles NW of the lift off end of the Comp.) N.H. control zone the phrase, “to 6 miles runway.” south of the RBN” and “within 2 miles Effective date: March 18,1966. (Sec. 307(a), Federal Aviation Act of 1958; 72 each side 6f the Manchester VOR 142° Stat. 749; 49 U.S.C. 1348) R auer H. Meyer, and 322° radials extending from the 5 Director, Office of Export Control. mile radius zone to 6 miles SE of the Issued in Jamaica, N.Y., on April 14, VOR,” and insert in lieu thereof, “to 8 1966. miles south of the RBN” and “within 2 Wayne Hendershot, PART 384— GENERAL ORDERS EX­ miles each side of the Manchester VOR Deputy Director, Eastern Region. PORTS TO SOUTHERN RHODESIA 141° and 321° radials extending from [F.R. Doc. 66-5045; Filed, May 9, 1966; Section 384.8, Exports to Southern the 5 mile radius zone to 8 miles SE of 8:45 a.m.] Rhodesia, is amended to read as set forth the VOR.” below: 2. Amend §71.181 of. Part 71 of the Purpose and Effect: Current Export Federal Aviation Regulations so as to [Airspace Docket No. 66-WE-27] Bulletin No. 926, dated December 28, delete the description of the 700-foot PART 71— DESIGNATION OF FEDERAL 1965 (31 F.R. 4783, Mar. 22, 1966), im­ Concord, N.H. transition area and in­ AIRWAYS, CONTROLLED AIRSPACE, posed restrictions on the export and re­ sert in lieu thereof the following: export of petroleum and petroleum That airspace extending upward from 700 AND REPORTING POINTS products to Southern Rhodesia. This feet above the surface bounded by a line Alteration of Control Zone Bulletin extends these restrictions to beginning at 43°22'00'' N., 71°23'00" W. to include other shipments of importance 42°47'00" N., 71°09'00" W. to 42°38'00" N., The purpose of this amendment to to the economy of Southern Rhodesia. 71°20'00" W. to 42°40'00'' N., 71°35'00" W. Part 71 of the Federal Aviation Regula­ However, these extended restrictions will to 42°43'00" N., 71°36'00" W. to 42°54'00” tions is to alter the Reno, Nev. (Reno N., 71°45'00'' W. to 42°57W ' N., 71°40'00” not affect the movement of U.S. origin W. to 43°17'00'' N., 71°46'00'' W. to point of Municipal Airport), control zone. This commodities deemed to be necessary for beginning. amendment will reduce the dimensions essential humanitarian or educational [F.R. Doc. 66-5044; Filed, May 9, 1966; of the present Reno, Nev. (Reno Munici­ purposes. The details of these extended 8:45 a.m.] pal Airport), control zone due to the rev­ restrictions are described below.

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 RULES AND REGULATIONS 6865 The action with respect to Southern the previous General License G-DEST (ii) The essential needs of recognized Rhodesia is taken pursuant to foreign or GLV provisions up to and including Charitable institutions, diplomatic mis­ policy objectives and international re­ April 18, 1966. Any such shipment not sions, or their accredited representatives; sponsibilities of the United States, and laden aboard the exporting carrier on or or in further support of the United Nations before April 18, 1966 requires a validated (iii) Purposes justified by other spe­ Security Council Resolution of Novem­ license for export. cial circumstances. ber 20, 1965. (4) General License GATS. Effective (2) Applications for licenses to export 12:01 a.m., e.s.t., March 18, 1966, U.S. other commodities to Southern Rhodesia § 384.8 Exports to Southern Rhodesia. registered aircraft may no longer depart will be denied unless it is found that the (a) Additional requirements for vali­from the U.S. for a temporary sojourn shipment would not constitute a sig­ dated licenses. The requirements for a in Southern Rhodesia under the provi­ nificant contribution to the Southern validated export license are increased as sions of General License GATS. Ex­ Rhodesian economy. a result of the revisions in the general porters should note that the rescission (c) Documentation in support of a li­ licenses described below. of General License GATS does not affect cense application. A Form FC-842, Sin­ (1) General License G-DEST. Effec­the departure of aircraft operating under gle Transaction Statement by Consignee tive 12:01 a.m., e.s.t,, March 18, 1966, an Air Carrier Operating Certificate, and Purchaser; FC-843, Multiple Trans­ only the commodities listed below may Commercial Operating Certificate or Air actions Statement by Consignee and be exported to Southern Rhodesia under Taxi Operating Certificate issued by the Purchaser; a foreign import certificate; the provisions of General License G- Federal Aviation Agency, as set forth in or any similar documentation submitted DEST, except as provided by subpara­ § 371.5 of the Comprehensive Export to the Office of Export Control in sup­ graph (3) of this paragraph. (See Schedule, port of an application for a license to §371.7 of the Comprehensive Export (5) Other general licenses. Exports export any commodity listed in para­ Schedule for provisions of General Li­ to Southern Rhodesia may continue to graph (b) of this section to any destina­ cense G-DEST.) These commodities be made under the provisions of any tion will not be acceptable if it shows are deemed to be necessary for essential general license, except as described in that reexport may be, or will be, made to humanitarian and educational purposes. subparagraphs (1), (2), and (4) of this Southern Rhodesia. Export control paragraph. (d) Outstanding authorizations to ex­ commodity No. Commodity description (b) Consideration of license applica­port or reexport commodities to South­ 001-112____:_Live animals, beverages, tions. Under the terms of the restrictive ern Rhodesia. No commodity listed in and food, except feeding- policy on exports and reexports of com­ paragraph (b) of this section may be stuff (other than tin- modities important to the economy of exported to Southern Rhodesia under milled cereals) for ani­ an outstanding Project License, an out­ mals. Southern Rhodesia, applications cover­ 411-431______Animal and vegetable oils ing the following commodities will gen­ standing Periodic Requirements License, and fats. erally not be approved by the Office of or pursuant to an outstanding Form 51203 ______Synthetic organic medici­ Export Control. FC-43, FC-143, or FC-243. These com­ nal chemicals. Export control modities may be exported to Southern 54110-54900 __Medicinal and pharmaceu­ commodity Nos. Commodity description Rhodesia only under the individual vali­ tical products. 23110-23140__!_ Crude rubber, Including dated licensing procedure. - Any other 82102 ______Hospital beds, hospital commodities may continue to be exported benches, etc. synthetic and reclaimed 84111-85100 __ Clothing, accessories, and rubber. to Southern Rhodesia in accordance footwear. 331—33296____ Petroleum an d petroleum with the provisions of the outstanding 86111,86120___ Ophthalmic glass, lens products. Project License, Periodic Requirements blanks, and focus lenses, 51209-51500— Chemicals, organic and in­ License, or pursuant to an outstanding unmounted: and spec­ organic, except medicinal Form FC-43, FC-143, or FC-243. In tacles and goggles. chemicals, pesticides and agricultural chemicals, addition, any commodity whether or not 86171 >______Medical, dental, surgical, listed in paragraph (b) of this section, ophthalmic and veteri­ and radioisotopes. nary instruments and ap­ 57112-57140___ Explosives and pyrotechnic may continue to be exported under an paratus ( other than elec­ products. outstanding individual validated license. tro-medical) , except ap­ 58110-58199___ Plastic materials, and other (e) Revision of destination control paratus wholly made of chemical products, n.e.c., statement on shipping documents. Sec­ polytetrafluoroethylene. except insecticides, fungi­ tion 379.10(c) of the Comprehensive Ex­ 86248-86300 __ Developed photographic cides, disinfectants and similar products. port Schedule requires the exporter to and motion picture film. place a specified destination control 89120 ____ 1__ Phonograph records. 62101-62989___ Rubber manufactures, n.e.c. 89213-89242, Printed matter, n.e.c. 67120-67930___ Iron and steel. statement on the Shipper’s Export Dec­ 89294. 68050-68950___ Nonferrous metals. laration, the Bill of Lading and the com­ 89961-89962 __ Hearing aids, orthopedic 71110-71999___ Nonelectric machinery, ex­ mercial invoice for all validated license appliances and articles, cept agricultural equip­ shipments and most general license ship­ artificial parts of body, ment. ments. In completing the specified and fracture appliances. 72210-72999— Electrical machinery, ap­ paratus and appliances, destination control statement shown in (2) General License GLV. Effective except medical and dental § 379.10(c) (2) (ii) or (iii) of the Com­ 12:01 a.m., e.s.t., March 18,1966, no ship­ X-ray tubes and valves. prehensive Export Schedule for ship­ ments may be made to Southern Rho­ 73201-73300___ Automotive vehicles and ments to any destination except South­ desia under the provisions of General other vehicles, and parts ern Rhodesia, of any commodity which License GLV, except as provided by para­ and accessories. may not be exported to Southern Rho­ graph (b) (1) of this section. (See 73410-73492___ Aircraft and parts. desia under General License G-DEST § 371.10 of the Comprehensive Export (1) Consideration will be given to ap­(see para (a)(1) of this section), the Schedule for provisions of General Li­ proval of applications for licenses to exporter is now required to add South­ cense GLV.) export the commodities listed in this ern Rhodesia to the list of excepted or (3) Saving clause exception. Ship­ paragraph (b) only when the export is prohibited destinations. ments to Southern Rhodesia removed for: (f) Reexportation requests. If a re­ from General License G-DEST or Gen­ quest is submitted to the Office of Export eral License GLV as a result of changes (i) The essential needs of the Rho- Control for authorization to reexport to set forth in subparagraphs (1) or (2) desian Railways, the Central African Southern Rhodesia a commodity previ­ of this paragraph and which were on Airways, or the Central African Power ously exported from the United States, dock for lading, on lighter, laden aboard Corp. (which are operated jointly by the request shall be supported by the an exporting carrier, or intransit to a Southern Rhodesia and Zambia; and in additional information and documenta­ port of exist prior to 12:01 a.m., e.s.t., the case of Central African Airways, also tion required under the provisions of March 18, 1966, may be exported under by Malawi); § 372.12(c) (2) (ii) of this chapter.

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 6866 RULES AND REGULATIONS (g) Amendments of export licenses.different resellers immediately raises (b) Under this proposed plan, a manu­ Field offices will not take action on re­ problems of possible violation of the facturer will publish an advertisement quests to extend the validity period of, Robinson-Patman Act, and that on the in a national magazine, and will furnish or otherwise amend, validated licenses basis of the information supplied, there to the proposed corporation represented covering exporations to Southern Rho­ appear to be two possible ways of view­ by the requesting party a complete listing desia. These requests must be submitted ing this plan. of all retailers selling the advertised to the U.S. Department of Commerce, (c) Firstly, the Commission said, “If product, classified according to the major Office of Export Control, Washington, the plan involves simply the granting shopping areas throughout the country. D.C., 20230. by the publishers of a lower price to The advertisement will contain a descrip­ you than to their other customers, its tive symbol for the proposed service, with PART 399— COMMODITY CONTROL legality from the publishers’ point of a reference to the page in the same pub­ LIST AND RELATED MATTERS view would be governed by section 2(a) lication containing a telephone number The following notes are added to of the Robinson-Patman Act which list, also classified according to the major § 399.1 Commodity Control List: prohibits discriminations in price which shopping areas throughout the country. may adversely affect competition. In Each answering service included in this Submission Dates—Applications for Li ­ list will be equipped by the proposed cor­ censes To Export Cattle Hides, Calf and spite of the fact that your sales would K ip Sk in s , and Bovine Leathers not be made through the same channels poration with the manufacturer’s list of of distribution as those of other pur­ his retailers in that trade area, which Purpose and effect: Paragraph 5(a) of Cur­ chasers of paperback books, it seems will be given to any consumer who reads rent Export Bulletin No. 930, dated March 11, the advertisement and calls the number 1966 (31 F.R. 6829), did not differentiate in likely that you would nevertheless com­ the filing dates for historical and nonhistor- pete with these purchasers to some ex­ provided to learn where he can purchase ical exporters of cattle hides, calf and kip tent, and that this competition might the product. The cost of the entire serv­ skins, and bovine leathers. Today’s Current be lessened by the proposed price dis­ ice will be borne by the manufacturer. Export Bulletin sets forth the filing dates criminations, in violation of section 2(a). (c) The FTC’s advisory opinion said, for each of these classes of exporters. Although price discriminations otherwise “Since it appears that any potential cus­ An exporter who does not qualify as an unlawful under section 2(a) may be tomer calling will be furnished with the historical exporter of cattle hides, calf and names and addresses of all dealers han­ kip skins, or bovine leathers may submit his justified by cost savings on the part of applications for export license immediately, the seller, the information which you dling a particular product in a trade area, but not later than April 18, 1966. These ap­ have submitted does not indicate the it is our opinion that the proposed plan plications will be considered for licensing as presence of such “cost justification” in described would not subject participating soon as possible after April 18, 1966. Never­ your plan. If the discounts granted to manufacturers or your client to a charge theless, a nonhistorical exporter may request you by sellers should violate section 2(a), of violating the law. We should caution, consideration of his applications before April your knowing inducement or receipt of however, that great care must be exer­ 18, if an emergency exists. Such a license cised in defining the boundaries of the application shall include the details of the such discriminations would also violate emergency. section 2(f) of the Act. various trade areas into which the coun­ As specified in Current Export Bulletin No. (d) Continuing, the Commission said try is to be divided so as not to discrimi­ 930, an historical exporter of cattle hides, oalf the problem would be somewhat different nate against customers located on the and kip skins, or bovine leathers may sub­ if the discounts granted to the requesting fringes but outside the area served by mit his applications for export licenses be­ party were considered as promotional or the answering service, since they may be tween the period of April 18, and May 31, advertising allowances for his listing of in actual competition with those who are 1966. Nevertheless, if an emergency makes within the area and thus receive the it necessary for an historical exporter to ob­ the publishers’ books in his catalog. tain an export license prior to April 18, the (e) Granting or receiving such allow­ benefit of the service.” exporter may submit his application for li­ ances would be unlawful “if they were (38 Stat. 717, as amended; 15 U.S.C. 41-58; cense prior to that date. Such a license ap­ not made available on proportionally 49 Stat. 1526; 15 U.S.C. 13, as amended) plication shall include the details of the equal terms to competing customers,” emergency. If the license is approved, the the Commission advised. “Thus, if your Issued: May 9, 1966. quantity will be charged against the ex­ suppliers of paperback books granted By direction of the Commission. porter’s share of the export quota. proportional advertising or promotional [seal] J oseph W. Shea, [F.R. Doc. 66-5064; Filed, May 9, 1966; allowances or facilities, such as coopera­ Secretary. 8:49 a.m.] tive advertising allowances, display racks, and the like, to their other purchasers, [F.R. Doc. 66-5085; Filed, May 9, 1966; their granting to you of an allowance 8:48 a.m.] for the listing of their books in your Title 16-COMMERCIAL catalog would not be unlawful.” (38 Stat. 717, as amended; 15 U.S.C. 41-58: Title 24— HOUSING AND PRACTICES 49 Stat. 1526; 15 U.S.C. 13, as amended) Issued: May 9,1966. HOUSING CREDIT Chapter I— Federal Trade Commission By direction of the Commission. Chapter II— Federal Housing Admin­ PART 15— ADMINISTRATIVE [seal] J oseph W. Shea, istration, Department of Housing OPINIONS AND RULINGS Secretary. and Urban Development Additional Discount to Mail Order [F.R. Doc. 66-5084; Filed, May 9, 1966; SUBCHAPTER A— GENERAL 8:48 am.] Seller of Paperback Books PART 200— INTRODUCTION § 15.41 Additional discount to mail PART 15— ADMINISTRATIVE Subpart D— Delegations of Basic order seller of paperback books. OPINIONS AND RULINGS Authority and Functions (a) A seller of paperback books plan­ Advertising Service Disclosing Where In Part 200 in the Table of Contents a ning to obtain additional discounts from new § 200.83a is added as follows: publishers for selling through a mail Manufacturers' Products Are Sold Sec. order catalogue has been advised of the § 15.42 Advertising service disclosing 200.83a Assistant Commissioner for Prop­ possible law violations involved in the where manufacturers’ products are erty Disposition; Director, Com­ plan and that the Federal Trade Com­ sold. munity Disposition Staff; Field mission is unable to give him an unquali­ (a) The Federal Trade Commission Director (Community Disposi­ fied opinion on its legality. made public its advice that a plan to tion) and Liaison Officer (Com­ (b) The Commission pointed out that furnish manufacturers a new form of ad­ munity Disposition). any plan which results in discrimina­ vertising service disclosing where their Part 200 is amended by adding a new tions in price or allowances between products are sold would not be illegal. § 200.83a to read as follows :

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 RULES AND REGULATIONS 6867

§ 200.83a Assistant Commissioner for States Code, to direct that criminal Property Disposition ; Director, Com­ Title 28— JUDICIAL prosecution be instituted against a munity Disposition Staff; Field Di­ juvenile alleged to have committed one rector (Community Disposition) and ADMINISTRATION or more acts in violation of a law of the Liaison Officer (Community Dispo­ United States not punishable by death or sition). Chapter I— Department of Justice life imprisonment. [Order 362-66] The amendments made by this order (a) To the position of Assistant Com­ shall be effective as of May 8,1966. missioner for Property Disposition and, PART 0— ORGANIZATION OF THE (RJ3. 161; 5 U.S.C. 22; sec. 2, Reorg. Plan No. under his general supervision, to the DEPARTMENT OF JUSTICE position of Director, Community Dis­ 2 of 1950; 3 CFR, 1949-53 Oomp.; 64 Stat. position Staff, there is hereby delegated Reassigning From Civil Rights Division 1261) the authority to execute the functions, to Criminal Division the Responsi­ Dated: May 6,1966. powers and duties delegated to the As­ bility for Performance of Certain sistant Secretary for Mortgage Credit Nicholas deB. K atzenbach, and Federal Housing Commissioner un­ Functions Relating to Federal Pris­ Attorney General. der delegation of the Secretary of Hous­ oners and to Juveniles [F.R. Doc. 66-5128; Filed, May 6, 1966; ing and Urban Development effective Under and by virtue of the authority 4:36 p.m.] June 5,1966 (31 F.R. 6839). vested in me by section 161 of the Re­ (b) To the positions of Field Director vised Statutes (5 U.S.C. 22) and section (Community Disposition) and Liaison 2 of Reorganization Plan No. 2 of 1950, Title 33— NAVIGATION AND Officer (Community Disposition), there it is hereby ordered as follows: are delegated the following authorities with respect to the functions referred § 0.50 [Amended] NAVIGABLE WATERS to in paragraph (a) of this section: 1. Section 0.50 of Part 0 of Title 28 Chapter II— Corps of Engineers, (1) To execute any deed, contract to of the Code of Federal Regulations (re­ Department of the Army lating to the general functions of the purchase (installment contract of pur­ PART 207— NAVIGATION chase) , offer, acceptance, or other form Civil Right Division) is amended by re­ of contract of sale, or other instrument, voking paragraphs (g), (h), and (i) REGULATIONS in connection with the disposition of the thereof. Ohio and Mississippi Rivers Government’s interest in property at § 0.52 [Revoked] such communities, or lease of such prop­ Pursuant to the provisions of Section 2. Section 0.52 of Part 0 is revoked. 7 of the River and Harbor Act of August erty. 3. Paragraph (j) of § 0.55 of Part 0 (2) To make the finding concerning 8, 1917 (40 Stat. 266; 33 U.S.C. 1), the availability of financing on reason­ is amended to read as follows: § 207.300 is hereby amended, modifying able terms from sources other than the § 0.55 General functions. paragraph (b) by adding a sentence at the end of the paragraph and revising Secretary of Housing and Urban Devel­ * * * * * opment under section 62 of the Atomic paragraph (aa), changing the caption (j) Habeas Corpus proceedings of alland deleting a portion of the first sen­ Energy Community Act of 1955, as types, except that any such proceeding amended (42 U.S.C. 2362), in connection tence of the paragraph, effective 30 days may be conducted, handled, or super­ after publication in the F ederal R egis­ with the disposition of the Government’s vised by another division by agreement ter, as follows: interest in such property. between the head of the division con­ (3) To endorse any checks or drafts cerned and the Assistant Attorney Gen­ § 207.300 Ohio River, Mississippi River in payment of insurance losses on which eral in charge of the Criminal Division. above Cairo, 111.; and their tributar­ $ 4c 4c .... 4c ies; use, administration* and naviga­ the United States of America, acting by tion, 4. Section 0.55 of Part 0 is further and through the Housing and Home * * . " • , . * - . * * amendecyfry adding at the end thereof Finance Administrator or the Secretary (b) Precedence at locks. The vessel of Housing and Urban Development, or two nei$T>aragraphs as follows : (p) Resolving questions that arise as arriving first at a lock shall be first to the successors or assigns of either of lock through; but; precedence shall be them, is a payee (joint or otherwise) in to Federal prisoners held in custody by Federal officers or in Federal prisons, given to vessels belonging to the United connection with the disposition of the commitments of mentally defective de­ States and to commercial vessels in the Government’s interest in property at fendants and juvenile delinquents, va­ order named. Passenger boats shall have such communities or lease of such lidity and construction of sentences, precedence oyer tows and like' craft. Ar­ property. probation, and parole. rival posts or markers may be established (c) Each of the officials named in (q) Supervision of matters arising un­ ashore above or below the locks. Vessels paragraphs (a) and (b) of this section is der the Escape and Rescue Act (18 U.S.C. arriving at or opposite such posts or authorized to execute any contract for 751, 752), the Fugitive Felon Act (18 markers will be considered as having advertising under Rev. Stat. § 3828 <44 U.S.C. 1072, 1073) , and the Obstruction arrived at the locks within the meaning of Justice Statute (18 U.S.C. 1503), ex­ of this paragraph. The lockmaster may U.S.C. 324) in connection with the dis­ prescribe such departure from the nor­ position of property within the respective cept as to obstructions which occur in connection with cases within the juris­ mal order of precedence stated above as, authority hereunder. diction of the Internal Security Division. in his judgment, is warranted under (Sec. 2, 48 Stat. 1246, as amended; Sec. 211, prevailing circumstances , to achieve best 52 Stat. 23, as amended; Sec. 607, 55 Stat. 61, 5. Subpart K of Part 0 is amended by lock utilization. inserting immediately after § 0.56 a new as amended; Sec. 712, 62 Stat. 1281, as * * 4» ■ ♦ 4» amended; Sec. 907, 65 Stat. 301, as amended; § 0.56a as follows : Sec. 807, 69 Stat: 651, as amended; 12 U.S.C. (aa) Restricted areas at locks and 1703, 1715b, 1742, 1747k, 1748f, 1750f) § 0.56a Delegation respecting authoriza­ dams. All waters immediately above and tion to institute criminal prosecution below each dam, as posted by the respec­ Issued at Washington, D.C., May 3, against a juvenile. tive District Engineers, are hereby desig­ 1966. The Assistant Attorney General in nated as restricted areas. No vessel or P hilip N. Brownstein, charge of the Criminal Division is au­ other floating craft shall enter any such Federal Housing Commissioner. thorized to exercise the power and au­ restricted area at any time. The limits [F.R. Doç. 66-5089; Filed, May 9, 1966; thority vested in the Attorney General of the restricted areas at each dam will 8:48 a.m.] by Section 5032 of Title 18 of the United be determined by the responsible District

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 No. 90——3 RULES AND REGULATIONS

Engineer and marked by signs and flash­ formal complaints which are governed (c) Reply. A publishing carrier may ing red lights installed in conspicuous by different procedures under other pro­ reply to a petition for suspension, but and appropriate places. visions of our rules (See § 1.721, et seq.). any such reply shall be filed with the Commission and served simultaneously (Regs., Apr. 20, 1906, 1707-32; Ohio and Mis­ In addition, the present rules do not sissippi Rivers, 111.-ENGCW-ON; sec. 7, 40 specifically require such petitions to in­ upon petitioner and the Chief, Common Stat. 266; 33 U.S.C. 1) dicate in what way the objectionable Carrier Bureau within 3 days after serv­ tariff schedule is considered unlawful ice of the petition for suspension. J. C. Lambert, and petitions that do not contain this (d) Copies; service. An original and Major General, U.S. Army, , essential ingredient are deficient. There­ 14 copies of each petition or reply must The Adjutant General. fore, amendments to § 1.773 of the rules, be filed with the Commission, and served [P.R. Doc. 66-5043; Filed, May 9, 1966; which will (a) clarify the showing re­ in accordance with paragraphs (b) and 8:45 a.m.] quired in such petitions; (b) make it (c) of this section. clear that formal complaints shall be [F.R. Doc. 66-5080; Filed, May 9, 1966; filed separately from petitions to sus­ 8:48 a.m.] pend; and (c) require service of peti­ Title 43— PUBLIC LANDS: tions and replies upon the Chief, Com­ mon Carrier Bureau, would be in the [Docket No. 16187; FCC 66-412] INTERIOR public interest. Authority for the amendments adopted PART 73— RADIO BROADCAST Chapter II-—Bureau of Land Manage­ herein is contained in sections 4 (i) and SERVICES ment, Department of the Interior (j), and 204 of the Communications Act Table of Assignments; Las Vegas, APPENDIX— PUBLIC LAND ORDERS of 1934, as amended. The amendments adopted herein are Nev., etc. [Public Land Order 4000] procedural and interpretative in nature, Report and order. In the matter of [Sacramento 078910] and hence the notice and effective date amendment of § 73.606, rules and regu­ provisions of section 4 of the Adminis­ lations, Table of Assignments (Las CALIFORNIA trative Procedure Act are inapplicable. Vegas, Boulder City, Goldfield, Nev., and Amendment of Public Land Order Accordingly, it is ordered, Effective May Cedar City, Utah); Docket No. 16187,. No. 3977 13, 1966, that the rules of practice and RM-713. procedure are amended as set forth 1. The Commission has before it for By virtue of the authority vested in below. consideration its Notice of Proposed Rule the President by section 1 of the act of (Secs. 4, 204, 48 Stat. 1068, 1071, as amended; Making, FCC 65-789, issued in this pro­ June 25, 1910 (36 Stat. 847; 43 U.S.C. 47 U.S.C. 154, 204) ceeding on September 13, 1965 (30 F.R. 14J), and pursuant to Executive Order 11880), and the comments filed in re­ No. 10355 of May 26,1952 (17 F.R. 4831), Released: May 5,1966. sponse thereto. The Notice invited com­ it is ordered as follows: F ederal Communications ments on a proposal advanced by South­ Public Land Order No. 3977 of April 5, Commission,1 ern Nevada Radio & Television Co. 1966, partially revoking Petroleum Re­ [seal] Ben F. Waple, (Southern Nevada), licensee of Station serves No. 2 and No. 18, appearing in Secretary. KORK-TV, on Channel 2 in Las Vegas, 70 F ederal R egister, April 12, 1966, at Nev., to make changes in the TV Table pages 5562-3, is hereby amended to delete Section 1.773 is amended to read as of Assignments as follows: paragraph 2. follows: H arry R. Anderson, § 1.773 Petitions for suspension of tar­ Channel No. Assistant Secretary of the Interior. iff schedules. City May 6, 1966. (a) Content. A petition for suspen­ Delete Add sion of a new tariff schedule or any pro­ [F.R. Doc. 66-5147; Filed, May 9, 1966; vision thereof shall indicate the schedule a.m.] Las Vegas, N ev______2 - 3 10:01 affected by its Federal Communications Boulder City, N ev______4+ 5+ Goldfield, N ev------5 - 2 - Commission number and give specific 4 reference to the items against which pro­ Cedar City, Utah______5 test is made, together with a statement Title 47— TELECOMMUNICATION indicating in what respects the protested There are two competing applications Chapter I— Federal Communications tariff schedule is considered unlawful. for Channel 4+ at Boulder City and an Commission No petition shall include a prayer that it application for a high power translator also be considered a formal complaint. on Channel 5 at Cedar City. These will [FCC 66-402] Any such formal complaint shall be filed have to be amended in the event the pro­ posal is adopted. No application is pend­ PART 1— PRACTICE AND as a separate pleading as provided in § 1.721. ing for Channel 5— in Goldfield. PROCEDURE (b) When filed. A petition for sus­ 2. Southern Nevada operates KORK- pension shall be filed with the Commis­ TV from a combined studio and trans­ Petitions for Suspension of Tariff mitter site near Las Vegas with a maxi­ Schedules sion and served upon the publishing car­ rier and the Chief, Common Carrier mum effective radiated power of 100 Order. At a session of the Federal Bureau at least 14 days before the effec­ kilowatts and an antenna height of 272 Communications Commission held at its tive date of the tariff schedule. In case feet above average terrain. The stated offices in Washington, D.C., on the 4th of emergency and within the time limits purpose of the channel changes is to day .of May 1966; herein provided, a telegraphic request permit KORK-TV to operate from a The Commission has under considera­ for suspension may be sent to the Com­ newly developed television microwave re­ tion § 1.773 of the rules which govern mission setting forth succinctly the sub­ peater station location on Potosi Moun­ petitions for suspension of tariff sched­ stance of the matters required by para­ tain which would afford a much greater ules. graph (a) of this section. A copy of any antenna height than would be possible These rules presently permit such pe­ such telegraphic request shall be sent in Las Vegas. This location would result titions to be filed extremely close to the. - simultaneously to the publishing carrier in a short spacing to Channel 2 in Los effective date of the tariff schedule in and the Chief, Common Carrier Bureau Angeles and hence cannot be used by question. This oftentimes imposes an and forthwith confirmed by petition KORK-TV on its present assignment. undue and unnecessary burden upon the filed and served in accordance with this Petitioner urges that operating at the Commission in its consideration of such section. proposed site KORK-TV could increase petitions. Moreover, at times petitions its service to the public to such an extent to suspend improperly include prayers 1 Commissioners Loevinger and Wadsworth, that it could bring a first Grade A service that such petitions also be considered as absent. or better to an area of 9,142 square miles

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 RULES AND REGULATIONS 6869 and a first Grade B or better service to of competitive imbalance since it argues § 73.606 of the Commission’s rules, the an area of 23,919 square miles. It sub­ that the additional area to be served by Table of Television Assignments, is mits that the proposed changes all con­ KORK-TV is a sparsely settled desert amended, to read, insofar as the com­ form to the minimum required spacings area. However, petitioner urges that the munities named are concerned, as fol­ in the rules with the exception of fact that this area is sparsely settled lows: Channel 2 at Reno, which would be 2 does not mean that it is not significant City Channel No. miles short of the required 190 miles to either in terms of the first priority or in Boulder City, Nev______5 + Goldfield, Nev. It points out, however, bringing a first service to the people in­ Goldfield, Nev______2 - that the same shortage exists presently volved. With respect to the argument Las Vegas, Nev._____ 3,8—, *10+, 13-,21 with respect to Channel 5, which is as­ advanced by Las Vegas based upon the Cedar City, Utah______4, *16 signed to both Reno and Goldfield and media ownership of the principal of 8. It is further ordered, That the out­ that this shortage would be eliminated.1 KORK-TV, Southern Nevada argues standing license of the Southern Nevada As a result of the elimination of Channel that they are without legal significance, Radio and Television Company for oper­ 5 at Goldfield, Southern Nevada states whereas the matter of “white area” and ation of Station KORK-TV is modified that applicants for the educational res­ section 307(b) considerations are of de­ to specify operation on Channel 3 in lieu ervation on Channel 5 at Reno will have cisional importance. Even conceding of Channel 2— subject to the following greater flexibility in selecting a site for that this contention is valid, Southern conditions: the station. Southern Nevada further Nevada submits that it is untimely and (a) The licensee shall inform the urges that, due to the greater coverage that the question of multiple ownership Commission in writing by May 27, 1966, at the proposed site on Channel 3, many should be raised when an application is of its acceptance of this modification. areas which presently receive no tele­ filed requesting a modification of its (b) The licensee shall submit to the vision service (“white areas”) will be facilities. In any event, it contends that Commission by May 27,1966, all the tech­ able to receive such service at distances this is not appropriately considered in a nical information normally required for as far as 200 miles from Las Vega», a re­ rule making proceeding. the issuance of a construction permit sult it argues would implement the Com­ 5. After careful consideration of all for operation on Channel 3, including mission’s first priority in television the comments filed in this proceeding, any changes in antenna and transmis­ allocations. Finally, petitioner requests we are of the view that the proposal ad­ sion line. that it be ordered to show cause why its vanced by petitioner would serve the (c) The licensee may continue to op­ authorization should not be modified to public interest and should be adopted. erate on Channel 2— until upon its re­ specify operation on Channel 3 instead The assignment of Channel 3 in lieu of quest, the Commission authorizes in­ of Channel 2. Channel 2 to Las Vegas would permit use terim operation on Channel 3, following 3. Las Vegas Television, Inc. (Las of a very advantageous natural trans­ which the licensee shall submit (within Vegas), licensee of Station KLAS-TV, mitter location with its attendant great 30 days) the measurement data nor­ Channel 8, Las Vegas, filed the only op­ potential for increased television cover­ mally required of an applicant for a position to the- petitioner’s request. Las age. While no figures have been given TV broadcast station license. Vegas states that the present assignment on the number of people who would be (d) No construction on Channel 3 is situation in Las Vegas presents “the able to obtain a first television service, to commence until the Mexican Govern­ well-balanced ideal” and that the pro­ there is no dispute about the large area ment has approved the proposed as­ posal would upset this balance in the which would be covered by such a signal. signment changes within 250 miles of competitive situation without any ap­ This would conform to a basic principle' the Mexico-U.S. border. . preciable increase in service to the pub­ in all broadcast allocations and would lic. Since Channels 4 (presently as­ make for a fair and equitable distribu­ 9. It is further ordered, That this pro­ signed to Boulder City about 30 miles tion of available facilities as provided ceeding is terminated. southeast of Las Vegas) and 13 cannot for in section 307(b) of the Communi­ (Secs. 4, 303, 307, 48 Stat. 1066, 1082, 1083, be used at Potosi Mountain due to the cations Act. .The opponent of the pro­ as amended, sec. 316, 66 Stat. 717; 47 U.S.C. co-channel stations at Los Angeles, these posal basically raises two questions: One 154, 303, 307, 316) stations would become “cripples in the is that the proposal would seriously im­ fierce competitive fight for the adver­ pair the competitive equality of the sta­ Adopted: May 4,1966. tising dollar” in Las Vegas. As for the tions in the area and secondly that it Released: May 5,1966. increased coverage obtainable from Po­ would violate the spirit of the multiple tosi Mountain, Las Vegas states that the ownership rules in view of the holdings F ederal Communications area which is added is “sparsely settled of the principal of the proponent’s sta­ Commission,2 desert.” Finally, Las Vegas contends tion. On balance, we are of the view [seal] Ben F. W aple, that there is a danger to the public wel­ that the public interest would benefit Secretary. fare in the proposal in that KORK-TV from the proposal even if there is some [F.R. Doc. 66-5081; Filed, May 9, 1966; is owned by a party who controls other immediate disadvantage to a competi­ 8:48 a.m.] broadcast stations as well as newspaper tor. With respect to the multiple own­ and other media and the proposal would ership contention, we note that the provide him with greater economic and principal owner of Southern Nevada has political influence in the State of Nevada. other extensive radio, television, and Title 50— WILDLIFE AND 4. In response to the Las Vegas oppo­ newspaper interests in several States. sition, Southern Nevada submits that But we take into account that the ac­ FISHERIES the party which presumably would suffer tion taken herein merely results in in­ from the competitive imbalance (KSHO- creased facilities for an existing sta­ Chapter I— Bureau of Sport Fisheries TV, Channel 13) in Las Vegas did not tion within the limits permitted by the and Wildlife, Fish and Wildlife file any opposition to the proposal and rules. Further, we have not been shown Service, Department of the Interior that Las Vegas could utilize Potosi Moun­ that there are detriments in this respect tain for its station since it was developed of any significant nature, and certainly PART 33— SPORT FISHING in cooperation with that company. none which might result of such a nature Further, Southern Nevada points out as to outweigh the benefits to the public Chautauqua National Wildlife interest from improvement of service. Refuge, III. that Las Vegas itself belittles the danger 6. Authority for the adoption of the The following special regulation is is­ 1 Section 73.611(4) permits an assignment amendments contained herein is con­ in a community where the separation is less tained in sections 4(i), 303, 307(b), and sued and is effective on date of publica­ than the minimum provided sites are avail­ 316 of the Communications Act of 1934, tion in the F ederal R egister. able from which the required separations can as amended. be met and from which the required signal 7. In view of the foregoing: It is or­ 2 Commissioners Loevinger and Wadsworth may be placed over the principal community. dered, That effective June 13, 1966, absent.

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 6870 RULES AND REGULATIONS

§ 33.5 Special regulations; sport fish­ 1966, through September 30, 1966, in all (6) No person shall enter upon, cross ing ; for individual wildlife refuge waters of Lake Chautauqua; and from over, or fish from any dike, water con­ areas. October 1, 1966, through December 31, trol structure or shoreline within the refuge except as follows: Sport fishing I llinois 1966, in designated waters of Lake Chautauqua. shall be permitted from that part of the CHAUTAUQUA NATIONAL WILDLIFE REFUGE (2) The use of boats, including boats main dike that extends for approximately 700 feet easterly from the inlet gate to Sport fishing on the Chautauqua Na­ powered by motors not to exceed six (6) horsepower, is permitted in the waters the main shoreline at Boatyard No. 3, tional Wildlife Refuge, 111., is permitted and outward from the shoreline a dis­ only on the areas designated by signs as of Lftke Chautauqua. The use of boats and motors without horsepower restric­ tance of 660 feet at each of the estab­ open to fishing. These open areas com­ lished boatyards on Chautauqua Lake; prising 3,700 acres are delineated on tion is permitted in the waters of Liver­ pool Lake and the refuge borrow ditch these areas are delineated by appro­ maps available at the refuge headquar­ priate posting. ters and from the office of the Regional adjacent to the main dike outside of Lake The provisions of this special regula­ Director, Bureau of Sport Fisheries and Chautauqua. Illinois boat registration tion supplement the regulations which Wildlife, 1006 West Lake Street, Minne­ and Safety Act regulations apply. govern fishing on wildlife refuge areas apolis, Minn., 55408. Sport fishing shall (3) The use of seines or other devices generally which are set forth in Title 50, be in accordance with all applicable for taking minnows or other bait is pro­ Part 33, and are effective through De­ State regulations subject to the following cember 31,1966. special conditions. hibited. (1) The open season for sport fishing (4) The use of live boxes is prohibited, R ichard E. T oltman, on the refuge extends from 4 a.m. to except that owners of cottages on Lake Refuge Manager, Chautauqua 9 p.m., local time, each day during the Chautauqua may utilize them. National Wildlife Refuge, periods: From January 1, 1966, through (5) Boats, equipment and other fish­ ■m Havana, III. March 14, 1966, in designated waters of May 3,1966. Lake Chautauqua; from January 1,1966, ing gear may be hauled or taken across through September 30, 1966, in the open dikes only at pull-overs designated by [F.R. Doc. 66-5049; Filed, May 9, 1966; area of Liverpool Lake; from March 15, appropriate posting. 8:45 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 6871 Proposed Rule Making

Interested persons were invited to sub­ and adopted as the material issues, find­ DEPARTMENT OF THE TREASURY mit to the Department not later than ings and conclusions, and the general October 5, li)65, written data, views, or findings of this decision as if set forth Bureau of Customs arguments in connection with the pro­ in full herein. [ 19 CFR Part 11 posed amendment. On the basis of the Amendment of the marketing agree­ views received from interested parties, ment and order. Annexed hereto and CUSTOMS PORTS OF ENTRY it has been determined that the proposed made a part hereof are two documents amendment would not serve-the best entitled, respectively, “Marketing Agree­ Proposed Designation of Oklahoma interests of the canning industry or of ment, as Amended, Regulating the Han­ City, Okla. consumers and that the amendment is dling of Nectarines Grown in California” May 3, 1966. not warranted at this time. and “Order Amending the Order Regu­ Notice is hereby given pursuant to sec­ It is found and determined, therefore, lating the Handling of Nectarines Grown tion 4 of the Administrative Procedure that the proposed amendment to the in California,” which have been decided Act (5 U.S.C. 1003) that under the au­ grade standards, as contained in the upon as the appropriate and detailed thority vested in the President by sec­ aforesaid notice should not be effectuated means of effecting the foregoing conclu­ tion 1 of the Act of August 1, 1914, 38 at this time and that the proceeding be­ sions. These documents shall not be­ Stat. 623 (19 U.S.C. 2), which was dele­ gun in this matter on August 5, 1965, is come effective unless and until the re­ gated to the Secretary of the Treasury hereby terminated, effective upon pub­ quirements of § 900.14 of the aforesaid by the President by Executive Order No. lication in the F ederal R egister. rules of practice and procedure govern­ 10289, September 17, 1951 (3 CFR Ch. Accordingly, the present standards in ing proceedings to formulate marketing II), and pursuant to authorization given effect since July 23, 1961, will remain agreements and marketing orders have to me by Treasury Department Order No. unchanged. been met. 190, Rev. 4 (30 FJR. 15769), it is proposed Dated; May 5,1966. Referendum order. Pursuant to the to designate Oklahoma City, Okla., as a applicable provisions of the Agricultural S. R'. Sm ith, Marketing Agreement Act of 1937, as customs port of entry in the district of Administrator. Houston, Tex. amended (7 U.S.C. 601-674), it is hereby Data, views, or arguments with respect [F.R. Doc. 66-5061; Filed, May 9, 1966; directed that a referendum be conducted to the proposed designation of the above- 8:46 a.m.] among the producers who, during the described customs port of entry may be period March 1, 1965, through February addressed to the Commissioner of Cus­ 28, 1966 (which period is hereby deter­ toms, Washington, D.C., 20226. To in­ E 7 CFR Part 916 ] mined to be a representative period for sure consideration of such communica­ [Docket No. AO-303-A1] the purpose of such referendum), were tions they must be received in the engaged, in the State of California in Bureau not later than 30 days from NECTARINES GROWN IN the production of nectarines for market the date of publication of this notice in CALIFORNIA to ascertain whether such producers favor the issuance of the said annexed the F ederal R egister. No hearing will Decision and Referendum Order With be held. order amending Order No. 916, as Respect to Proposed Amendment amended (7 CFR Part 916), regulating [seal] J ames P omeroy H endrick, of Marketing Agreement and Order the handling of nectarines grown in Acting Assistant Secretary California. of the Treasury. Pursuant to the rules of practice and procedure, as amended, governing pro­ W. B. Blackburn and G. P. Muck, Fruit [F.R. Doc. 66-5072; Filed, May 9, 1966; and Vegetable Division, Consumer and 8:47 a.m.] ceedings to formulate marketing agree­ Marketing Service, U.S. Department of ments and marketing orders (7 CFR Part Agriculture, are hereby designated agents 900), a public hearing was held at Fresno, of the Secretary of Agriculture to con­ Calif., on February 11, 1966, after notice duct said referendum. thereof published in the F ederal R eg­ The procedure applicable, to the ref­ DEPARTMENT OF AGRICULTURE ister (31 F.R. 295), on proposed amend­ Consumer and Marketing Service ment of the marketing agreement and erendum shall be the “Procedure for the Order No. 916 (7 CFR Part 916), regu­ Conduct of Referenda in Connection with [ 7 CFR Part 52 1 Marketing Orders for Fruits, Vegetables, lating the handling of nectarines grown and Nuts Pursuant to the Agricultural CANNED GREEN BEANS AND in California, to be made effective pur­ Marketing Agreement Act of 1937, as WAX BEANS suant to the provisions of the Agricul­ Amended” (30 F.R. 15414). tural Marketing and Agreement Act of The ballots used in such referendum Standards for Grades; Termination 1937, as amended (7 U.S.C. 601-674). shall contain a summary describing the of Rule Making Proceedings On the basis of the evidence adduced terms and conditions of the proposed at the hearing and the record thereof, amendment of the order. Pursuant to the authority contained in the Administrator, Consumer and Mar­ Copies of the aforesaid annexed order the Agricultural Marketing Act of 1946 keting Service, on April 5,1966, filed with and of the aforesaid referendum proce­ (Secs. 205, 60 Stat. 1090 as amended; 7 the Hearing Clerk, U.S. Department of dure may be examined in the Fruit and U.S.C. 1624) a notice of proposed rule Agriculture, his recommended decision in Vegetable Division, Consumer and Mar­ making was issued by the Deputy Ad­ this proceeding. The notice of the filing keting Service, U.S. Department of Agri­ ministrator, Marketing Services, to of such recommended decision affording culture, Washington, D.C., 20250. amend the U.S. Standards for Grades of opportunity to file written exceptions Canned Green and Canned Wax Beans. thereto, was published in the F ederal Ballots to be cast in the referendum, That notice appeared in the F ederal R egister (F.R. Doc. 66-3842: 31 F.R. and other necessary forms and instruc­ R egister (30 F.R. 9776) of August 5, 5635). No exception was filed. tions, may be obtained from any referen­ 1965. The material issues, findings and con­ dum agent or any appointee. It was proposed to lower slightly the clusions, and the general findings, of It is hereby ordered, That all of this recommended drained weights in whole- the recommended decision set forth in decision and referendum order, except style canned green and canned wax the F ederal R egister (F.R. Doc. 66- the annexed amended marketing agree­ beans. 3842; 31 F.R. 5635) are hereby approved ment, be published in the F ederal Reg-

FEDERAL REGISTER, VOL. 3T, NO. 90— TUESDAY, MAY 10, 1966 6872 PROPOSED RULE MAKING isTER. The regulatory provisions of the and in compliance with, the terms and provided such action is necessary to said marketing agreement are identical conditions of the said order as hereby secure a quorum.” with those contained in the annexed amended as follows: 5. Paragraph (a) of § 916.32 is revised order which will be published with this 1. The provisions of § 916.12 are to read as follows: decision. amended to read as follows : § 916.32 Procedure. Dated: May 4,1966. § 916.12 District. (a) Six members of the committee, or G eorge L. Mehren, “District” means the applicable one alternates acting for members, shall con­ Assistant Secretary. of the following described subdivisions stitute a quorum and any action of the Order1 Amending Order Regulating the of the production area or such other committee shall require the concurring Handling of Nectarines Grown in subdivision as may be prescribed pur­ vote of the majority of those present: California suant to § 916.31: Provided, That actions of the committee with respect to expenses and assess­ § 916.0 Findings and determinations. (a) “District 1” shall include the counties of Madera, Fresno, and Kings ments, or recommendations for regula­ The findings and determinations here­ and that portion of Tulare County north tions pursuant to §§ 916.50 to 916.55, inafter set forth are supplementary and of the 4th Standard Parallel south of the shall require at least six concurring votes. in addition to the findings and determi­ Mount Diablo Base Line of thè General * * * * * nations made in connection with the is­ Land Office. 6. The provisions of § 916.33 are • suance of the order; and all of said (b) “District 2” shall include that por­ amended to read as follows: previous findings and determinations are tion of Tulare County not included in hereby ratified and affirmed except inso­ District 1. § 916.33 Expenses and compensation. far as such findings and determinations (c) “District 3” shall include all of The members of the committee, and may be in conflict with the findings and the production area lying south of the alternates when acting as members, shall determinations set forth herein. northern boundaries of the counties of serve without compensation but shall be (a) Findings upon the basis of the San Luis Obispo, Kern, and San Ber­ reimbursed for expenses necessarily in­ hearing record. Pursuant to the Agri­ nardino. curred by them in the performance of cultural Marketing Agreement Act of (d) “District 4” shall include the their duties under this part: Provided, 1937, as amended (7 UJ§.C. 601-674), and counties of Merced, Stanislaus, and the That the committee at its discretion may the applicable rules of practice and pro­ balance of the production area. request the attendance of one or more cedure effective thereunder (7 CFR Part alternates at any or all meetings not­ 900), a public hearing was held at Fresno, 2. The provisions of § 916.20 are withstanding the expected or actual Calif., February 11, 1966, upon proposed amended to read as follows : presence of the respective members and amendment of the marketing agreement § 916.20 Establishment and member­ may pay expenses as aforesaid. and to Order No. 916 (7 CFR Part 916), ship. 7. The provisions of § 916.45 are regulating the handling of nectarines amended to read as follows: grown in California. Upon the basis of There is hereby established a Nectarine the evidence adduced at such hearing Administrative Committee consisting of § 916.45 Marketing research and devel­ and the record thereof, it is found that: eight members, each of whom shall have opment. (1) The said order, as hereby an alternate who shall have the same The committee, with the approval of amended, and all of the terms and con­ qualifications as the member for whom the Secretary, may establish or provide ditions thereof, will tend to effectuate he is an alternate. The members and for the establishment of marketing re­ the declared policy of the act; their alternates shall be growers or em­ search and development projects de­ (2) The said order, as hereby ployees of growers. Five of the mem­ signed to assist, improve, or promote the amended, regulates the handling of nec­ bers and their respective alternates shall marketing, distribution, and consumption tarines grown in the production area be producers of nectarines in District 1. of nectarines. Such projects may pro­ in the same manner as, and is applicable One member and his alternate shall be vide for any form of marketing promo­ only to persons in the respective classes producers of nectarines in District 2 ; one tion including paid advertising. The of commercial and industrial activity of the members and his alternate shall be expense of such projects shall be paid by specified in, the marketing agreement producers of nectarines in District 3; funds collected pursuant to § 916.41. and order upon which hearings have been and one member and his alternate shall be producers of nectarines in District 4. § 916.64 [Amended] held; 8. The provisions of §916.64 are (3) The said order, as hereby amend­ § 916.22 [Amended] ed, is limited in its application to the amended as follows: smallest regional production area that is 3. The last sentence in paragraph (b) a. Paragraph (e) is redesignated as practicable consistently with carrying (1) and the last sentence in paragraph paragraph (f). (b) (2) are deleted from § 916.22.1 b. Paragraph (d) is deleted and the out the declared policy of the act; and the following substituted therefor: issuance of several orders applicable to § 916.27 [Amended] subdivisions of the production area (d) The committee shall consider all would not effectively carry out the de­ 4. The last sentence of § 916.27 is de­ petitions from growers submitted to it for clared policy of the act; leted and the following substituted there­ termination of this part provided such (4) There are no differences in the for : “In the event both a member of the petitions are received by the committee production and marketing of nectarines committee and his alternate are unable prior to October 1 of the then current fis­ grown in the production area which to attend a committee meeting, the mem­ cal period. Upon recommendation of the ber or the committee members present committee received not later than De­ make necessary different terms and pro­ cember 1 of the then current fiscal period, visions applicable to different parts of may designate any other alternate to the Secretary shall conduct a referendum such area; and serve in such member’s place and stead among the growers prior to February 15 (5) All handling of nectarines grown of such fiscal period to ascertain whether in the production area is in the current 1 These sentences, which were suspended on of interstate or foreign commerce or di­ Jan. 15, 1959 (24 F.R. 356) and do not appear continuance of this part is favored by rectly burdens, obstructs, or affects such in 7 CFR Part 916, read as follows: producers. commerce. “(b) (1) * * * Such procedure shall in­ (e) The Secretary shall conduct a clude the subdivision of multiple member referendum within the period beginning It is, therefore, ordered, That, on and districts into election districts designed to December 1, 1968, and ending February after the effective date hereof, all han­ provide equitable distribution of representa­ 15, 1969, to ascertain whether continu­ dling of nectarines grown in the pro­ tion. ance of this part is favored by the duction area shall be in conformity to, “(b)(2) * * * Each such grower, includ­ ing employees of such grower, shall be en­ growers. The Secretary shall conduct 1 This order shall not become effective un­ titled to cast but one vote for one nominee such a referendum within the same less and until the requirements of § 900.14 for member and one vote for one nominee period of every fourth fiscal period there­ of the rules of practice and procedure gov­ for alternate member in the district or elec­ after. erning proceedings to formulate marketing tion district in which he produces nec­ [F.R. Doc. 66-5063; Filed, May 9, J966; agreements and orders have been met. tarines.” 8:46 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 PROPOSED RULE MAKING 6873

[ 7 CFR Part 1065 1 ington, D.C., 20250, or may be there should be submitted in triplicate to the [Docket No. AO 86-A18] inspected. Director, Western Region, Attention: Signed at Washington, D.C., on May 5, Chief, Air Traffic Division, Federal Avia-, MILK IN NEBRASKA-WESTERN IOWA tion Agency, 5651 West Manchester Ave­ 1966. nue, Post Office Box 90007, Airport Sta­ MARKETING AREA Clarence H. Girard, Deputy Administrator, tion, Los Angeles, Calif., 90009. All Notice of Hearing on Proposed Regulatory Programs. communications received within 30 days Amendments to Tentative Market­ after publication of this notice in the ing Agreement and Order [F.R. Doc. 66-5078; Filed, May 9, 1966; F ederal R egister will be considered be­ 8:47 a.m.[ fore action is taken on the proposed Pursuant to the provisions of the Agri­ amendments. No public hearing is con­ cultural Marketing Agreement Act of templated at this time, but arrangements 1937, as amended (7 U5.C. 601 et seq.), for informal conferences with Federal and the applicable rules of practice and FEDERAL AVIATION AGENCY Aviation Agency officials may be made by procedure governing the formulation of [1 4 CFR Part 71 1 contacting the Regional Air Traffic Divi­ marketing agreements and marketing sion Chief. Any data, views, or argu­ orders (7 CFR Part 900), notice is hereby [Airspace Docket No. 66-WE-32] ments presented during such conferences given of a public hearing to be held at CONTROL ZONE AND TRANSITION must also be submitted in writing in ac­ the Lamplighter Motor Inn, 2808 South AREAS cordance with this notice in order to be­ 72d Street, Omaha, Nebr., beginning at come part of the record for consideration. 9:30 a.m., local time, on May 16, 1966, Proposed Designation and Alteration The proposals contained in this notice with respect to proposed amendments to may be changed in the light of comments the tentative marketing agreement and The Federal Aviation Agency is con­ received. to the order, regulating the handling of sidering amendments to Part 71 of the A Public Docket will be available for milk in the Nebraska-Western Iowa mar­ Federal Aviation Regulations which examination by interested persons in the keting area. would alter the controlled airspace in the Office of the Regional Counsel, Federal The public hearing is for the purpose Hillsboro, Oreg., area and proposes the Aviation Agency, 5651 West Manchester of receiving evidence with respect to the following airspace action: Avenue, Los Angeles, Calif., 90045: economic and marketing conditions 1. Designate the Hillsboro, Oreg., con­ These amendments are proposed under which relate to the proposed amend­ trol zone as that airspace within a 5-mile the authority of sec. 307(a) of the Fed­ ments, hereinafter set forth, and any radius of Hillsboro Airport (latitude 45°- eral Aviation Act of 1958, as amended appropriate modifications thereof, to the 32'15" N., longitude 122°56'30" W.), and (72 stat. 749; 49 U.S.C. 1348). tentative marketing agreement and to within 2 miles each side«of the Newberg, the order. Oreg., VORTAC 007° radial, extending Issued in Los Angeles, Calif, on May The proposed amendments, set forth from the 5-mile radius zone to 8 miles S 2, 1966. below, have not received the approval of of the airport. This control zone will be Lee E. Warren, the Secretary of Agriculture. effective during the time established in Acting Director, Western Region. Proposed by Nebraska-Iowa Non-Stock advance by a Notice to Airmen and con­ [F.R. Doc. 66-5047; Filed, May 9, 1966; Cooperative Milk Association: Proposal tinuously published in the Airman’s In­ •8:45 a.m.] , No. 1: Define Grade B milk as follows: formation Manual. “Grade B Milk” means milk other than 2. Designate the Hillsboro, Oreg., tran­ Grade A milk.. sition area as that airspace extending up­ [ 14 CFR Parf 71 1 Proposal No. 2 : Provide that Grade A ward from 700 feet above the surface [Airspace Docket No. 66-SW-18] milk and Grade B milk shall be sepa­ within a 5-mile radius of the Hillsboro rately classified. Airport (latitude 45°32'I5" N’., longitude CONTROL ZONE AND TRANSITION Proposal No. 3: Provide for the pricing 122°56'30" W.), and within 2 miles each AREA of Grade B, Class I milk, by adding the side of the Newberg, Oreg., VORTAC 007° following to paragraph (à) of § 1065.51: and 187° radials, extending from the 5- Proposed Alteration Grade B, Class I milk. The price for mile radius area to 1 mile S of the VOR­ The Federal Aviation Agency is con­ Grade A, Class I milk, less 10 cents. TAC; that airspace extending upward sidering an amendment to Part 71 of the Proposal No. 4: Amend § 1065.70 and from 1,200 feet above the surface within Federal Aviation Regulations which § 1065.71 to provide for the computation 15 miles SE and 10 miles NW of the New­ would alter the controlled airspace in the of. (1) a separate pool obligation for berg VORTAC 024° and 204° radials, ex­ Lake Charles, La., terminal area. Grade A milk and Grade B milk for each tending from 12 miles NE to 27 miles SW of the VORTAC. 1. The Lake Charles, La., control zone handler, and (2) separate uniform prices is presently designated as that airspace for Grade A milk and Grade B milk. 3. Amend the description of the 700 within a 5-mile radius of Lake Charles Proposal No. 5: Amend § 1065.81 to foot portion of the Portland, Oreg., Municipal Airport (latitude 30°07'30" N., provide for the establishment and main­ transition area by deleting “and within 2 miles each side of the Newberg, Oreg., longitude 93°13'20" W.) ; within 2 miles tenance of separate producer-settlement VORTAC 007° radial, extending from the each side of the Lake Charles VOR 259° funds for Grade A and Grade B milk. 23-mile radius area to the VORTAC.” radial extending from the 5-mile radius Proposed by the Dairy Division, Con­ The proposed control zone and transi­ zone to 1 mile W.of the VOR; within 2 sumer and Marketing Service: Proposal tion area are required to provide protec­ miles each side of the Lake Charles ILS No. 6: tion for aircraft executing prescribed localizer NW course extending from the Make such changes as may be neces­ instrument flight procedures at Hillsboro 5-mile radius zone to the OM; and with­ Airport. in 2 miles each side of the Lake Charles sary to make the entire marketing agree­ ILS localizer SE course extending from ment and the order conform with any Certain minor revisions to prescribed the 5-mile radius zone to 6 miles SE of amendments thereto that may result instrument procedures may accompany the airport. from this hearing. the actions proposed herein, but opera­ tional complexities would not be in­ 2. The Lake Charles, La., transition Copies of this notice of hearing and creased nor would aircraft performance area is presently designated as that air­ the order may be procured from the Mar­ characteristics or landing minima be space extending upward from 700 feet ket Administrator, James V. O’Meara, adversely affected. above the surface within 2 miles each 6901 Dodge Street, Room 106, Omaha, Interested persons may participate in side of the Lake Charles ILS localizer Nebr., 68132, or from the Hearing Clerk, northwest course extending from the OM the proposed rule making by submitting to 8 miles NW, within 2 miles each side Room 112-A, Administration Building, such written data, views, or arguments of the Lake Charles VOR 259° radial Ü.S. Department of Agriculture, Wash­ as they may desire. Communications extending from the VOR to 1 mile W,

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 6874 PROPOSED RULE MAKING and within 2 miles each side of the Lake officials may be made by contacting the 3. Martinsville is an independent city Charles ILS localizer SE course extend­ Chief, Air Traffic Division. Any data, located in Henry County some 25 miles ing from the airport to 8 miles SE; and views or arguments presented during west of DanvHle and 40 miles south of that airspace extending upward from such conferences must also be submitted Roanoke, Va. According to the 1960 1,200 feet above the surface bounded by in writing in accordance with this notice U.S. census its population was 18,798. It a line beginning at latitude 30°37'00" in order to become part of the record is within the theoretical Grade A con­ N., longitude 92°50'00" W., to latitude for consideration. The proposal con­ tours of WDBJ-TV, Channel 7, and 30°24'00" N., longitude 92°26'00" W., to tained in this notice may be changed in WSLS-TV, Channel 10, Roanoke, Va., latitude 29°45'30" N., longitude 93°00'- the light of comments received. and WLVA-TV, Channel 13, Lynchburg, 00" W., thence W via latitude 29°45'30" The official docket will be available Va. It is also within the Grade B con­ N., to and counterclockwise along the arc for examination by interested persons at tour of WFMY-TV, Channel 2, Greens­ of a 25-mile radius circle centered at the Office of the Regional Counsel, boro, N.C., and WGHP-TV, Channel 8, latitude 29°54'40" N., longitude 94°02'- Southwest Region, Federal Aviation High Point, N.C., and within the Grade 40" W., to longitude 93°57'00" W., thence Agency, Fort Worth, Tex. An informal A contour of WSJS-TV, Channel 12, to point of beginning. docket will also be available for examina­ Winston-Salem, N.C. WBTM-TV, holds The Federa^Aviation Agency proposes tion at the Office of the Chief, Air Traffic a construction permit for Channel 24 in to alter the Lake Charles, La., control Division. Danville, Va. This station operated from zone and transition area as follows: This amendment is proposed under the January to December 1954, but has since 1, Redesignate the Lake Charles, La., authority of sec. 307(a) of the Federal remained silent. On December 27, 1965, control zone as that airspace within a 5- Aviation Act of 1958 (49 U.S.C. 1348). they filed application for increased mile radius of Lake Charles Municipal Issued in Fort Worth, Tex., on May 2, power and indicated that the operation Airport (latitude 30°07'30" N., longitude 1966. would be resumed. There are no CATV 93°13'20" W.), within 2 miles each side A. L. Coulter, systems bperating or proposed in Mar­ of the Lake Charles VORTAC 259° Acting Director, Southwest Region.. tinsville. (252° magnetic) radial extending from 4. Martinsville is in an area where the VORTAC to 13 miles W of the VOR­ [F.R. Doc. 66-5070; Filed, May 9, 1966; 8:47 a.m.] available additional assignments are TAC, within 2 miles each side of the Lake considered to be scarce. Our computer Charles ILS localizer NW course extend­ shows that three channels are available ing from the 5-mile radius zone to the from which to choose an assignment, OM, and within 2 miles each side of the Channels 65, 67, and 69. The choice of Lake Charles ILS localizer SE course FEDERAL COMMUNICATIONS either one would eliminate the other two extending from the 5-mile radius zone to channels in Martinsville. Using the 7.5 miles SE of the airport. COMMISSION computer program employed for the 2. Redesignate the Lake Charles, La., creation of the overall assignment plan, transition area as that airspace extend­ E 47 CFR Part 73 1 we have selected Channel 65 as the most ing upward from 700 feet above the sur­ [Docket No. 16622; FCC 66-408] efficient assignment for Martinsville. face within a 4-mile radius of East Lake TABLE OF ASSIGNMENTS FOR TV 5. In the light of the foregoing, the Charles Airport (latitude 30°13'25" N., petition of Martinsville Broadcasting longitude 93°08'55" W.),' within 2 miles CHANNELS Co., Inc. appears to have sufficient merit each side of the Lake Charles VORTAC to warrant the institution of rule mak­ 339° (332° magnetic) radial extending Commercial UFfF Assignment; Martinsville, Va. ing proceedings. In adopting the revised from the 4-mile radius area to the VOR­ UHF Table in the Fifth Report and TAC, and within 2 miles each side of the In the matter of amendment of Order in Docket No. 14229, the Commis­ Lake Charles ILS localizer NW course § 73.606(b) of the Commission rules and sion stated that although cities of less extending from the OM to 8 miles NW of regulations (Table of Assignments for than 25,000 population were not listed in the OM; and that airspace extending up­ TV Channels) to'provide a commercial the Table for new commercial assign­ ward from 1,200 feet above the surface UHF assignment for Martinsville, Va.; ments such assignments would be made bounded by a line beginning at latitude Docket No. 16622, RM-897. where a need was shown by a prospective 30°37'00" N., longitude 92°50'00" W., to 1. Martinsville Broadcasting Co., Inc., applicant which was prepared to pro­ latitude 30°24'00" N., longitude 92°26'00" licensee of WMVA and WMVA-FM, Mar­ ceed diligently with the construction and W., to latitude 29°45'30" N., longitude tinsville, Va„ has filed a petition for rule operation of a new UHF television :93°00'00" W„ thence W via latitude making requesting that a commercial broadcast station if authorized to do so. 29°45'30" N., to and counterclockwise UHF television channel be assigned to In view of the fact that we are proposing along the arc of a 25-mile radius circle MartinsvUle, Va. Specifically, the peti­ the assignment of a channel other than centered at latitude 29°54'40" N., longi­ tioner requests that Channel 16 be as­ the one requested in the petition for the tude 94°02'40" W., to longitude 93°57'00" signed. However, the petition which was reasons set forth herein, we will expect W., thence to point of beginning. filed on January 7, 1966, based its re-, the petitioner to reaffirm its intention to This proposed alteration of the Lake quest upon the then existing Table of As­ promptly apply for the proposed channel Charles, La., control zone and transition signments for UHF television channels. if it is assigned. In the absence of such area would conform to present criteria The Table was revised extensively in the further expression of interest by the and would provide airspace protection Fifth Report and Memorandum Opin­ petitioner or some other serious prospec­ for aircraft executing instrument ap­ ion and Order in Docket No. 14229, tive applicant, there will be no basis for proach and departure procedures at East adopted February 9, 1966, and Channel making the assignment to Martinsville Lake Charles Airport. 16 is not available for assignment at at this time. Interested persons may submit such Martinsville. 6. Accordingly, pursuant to the au­ written data, views or arguments as they 2. In support of its request, the peti­ thority contained in sections 4(i), 303, may desire. Communications should be tioner states that it has always exercised &nd 307(b) of the Communications Act submitted in triplicate to the Chief, Air every effort to keep abreast of the broad­ of 1934, as amended, it is proposed to Traffic Division, Southwest Region, Fed­ cast service needs of its community and amend the Table of Assignments in eral Aviation Agency, Post Office Box that a significant and needed nighttime § 73.606(b) of the Commission rules, 1689, Fort Worth, Tex., 76101. AH com­ broadcast service could be provided by a insofar as the city listed below is con­ munications received within 45 days after UHF television broadcast station in Mar­ cerned, to read as follows: publication of this notice in the Federal tinsville. The petitioner further states R egister will be considered before action that such television reception as provided City Channel is taken on the proposed amendment. by other TV stations, is precluded from Martinsville, Va______65 No public hearing is contemplated at this being effective within substantial areas 7. Pursuant to applicable procedures time, but arrangements for informal con­ in and around Martinsville because of set out in § 1.415 of the Commission’s ferences with Federal Aviation Agency terrain conditions. rules and regulations interested parties

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 PROPOSED RULE MAKING 6875 may file comments on or before June 13, 1966, and reply comments on or before June 23,1966. All submissions by parties to this proceeding, or by persons acting on behalf of such parties, must be made in written comments, reply comments, or other appropriate pleadings. 8. In accordance with the provisions of § 1.419 of the Commission’s rules and regulations, an original and 14 copies of all written comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. Adopted: May 4,1966. Released: May 5,1966. F ederal Communications Commission,1 [seal] Ben F. W aple, Secretary. [F.R. Doc. 66-5082; Filed, May 9, 1966; 8:48 a.m.]

1 Commissioners Loevinger and Wadsworth absent.

No. 90-----4 FEDERAL REGISTER, V O L 31, NO. 90— TUESDAY, MAY 10, 1966 6876 Notices

The areas described above aggregate with 30 CFR 226.4 and which are submit­ DEPARTMENT OF STATE 2,968.01 acres. ted duly executed in the same form for Agency for International For a period of 30 days, interested final approval. parties may submit comments to the B. Functions relating to claimed dis­ Development Secretary of the Interior, LLM, 721, coveries of new oil or gas depositsv The MEDICAL ASSISTANCE PROGRAMS, Washington, D.C., 20240 (43 CFR 2411.1- Director, Geological Survey, is authorized INC. 2(d)). to act on applications for royalty bene­ Nolan F. K eil, fits by reason of a claimed discovery of Registration as Voluntary Foreign State Director, Nevada. a new oil or gas deposit under the Act of Aid Agency [F.R. Doc. 66-5051; Filed, May 9, 1966; August 8, 1946 (60 Stat. 950), and to 8:45 a.m.] determine whether a new oil or gas In accordance with the regulations of deposit has been discovered, and the the Agency for International Develop­ effective date of such discovery. ment concerning Registration of Agen­ C. Determination of productive limits cies for Voluntary Foreign Aid (A.I.D. Office of the Secretary of a producing oil or gas deposit. The Regulation 3) 22 CFR Part 203, promul­ GEOLOGICAL SURVEY Director, Geological Survey, is authorized gated pursuant to section 621 of the to determine under the Act of August 8, Foreign Assistance Act of 1961, as Delegation of Authority 1946 (60 Stat. 950), the productive limits amended, notice is hereby given that a The following material is a portion of of a producing oil or gas deposit, as such certificate of registration1 as a voluntary limits existed on August 8, 1946, on his foreign aid agency has been issued by the Departmental Manual and the num­ bering system is that of the Manual. own initiative or on application by the the Advisory Committee on Voluntary holder of an oil and gas lease or his Foreign Aid of the Agency for Inter­ P art 220—Geological S urvey operator.. national Development to the following CHAPTER 4—MINERAL LEASING FUNCTIONS" D. Approval of crude oil exchange agency: agreements. The Director, Geological Medical Assistance Programs, Inc., Post Of­ 220.4.1 Delegation of authority—A. Survey, is authorized to give final ap­ fice Box 50, Wheaton, 111., 60188. Functions relating to unit agreements. proval to agreements providing for the The Director, Geological Survey, is dele­ H erbert J. W aters, exchange of crude oil purchased under Assistant Administrator gated the authority vested in the Secre­ the Act of July 13, 1946 (60 Stat. 533), for Material Resources. tary of the Interior under the Mineral and the regulations thereunder, 30 CFR Leasing Act of February 25, 1920 (41 225.1 et seq., for other crude oil. April 25, 1966. Stat. 437), as amended (30 U.S.C., 181 E. Approval of communitization or [-FB. Doc. 66-5057; Filed, May 9, 1966; et seq.), to perform the following func­ drilling agreements. The Director, 8:46 a.m.] tions with respect to unit agreements: Geological Survey, is authorized to give (1) Designate areas logically subject final approval to communitization or to unitization. drilling agreements submitted for ap­ (2) Approve applications for expan­ proval in accordance with 43 CFR 3121.3. DEPARTMENT OF THE INTERIOR sion or contraction of unit areas. The Director has redelegated to the Bureau of Land Management (3) Approve the selection or designa­ regional oil and gas supervisors the au­ [Nevada 066626] tion of unit operators. thority delegated by this paragraph (27 (4) Declare a unit agreement termi­ F.R. 6395). NEVADA nated for failure to select a successor F. Suspension of operations and pro­ Notice of Classification unit operator or for failure to comply duction. The Director, Geological Sur­ with the drilling provisions of the agree­ May 2, 1966. vey, may act for the Secretary of the-" ment. Interior in finally approving applications Pursuant to section 2 of the Act of (5) Grant extensions of time for drill­ for suspension of operations or produc­ September 19, 1964 (43 U.S.C. 1412), the ing test wells. tion or both, filed pursuant to 43 CFR lands described below are hereby clas­ (6) Approve the establishment or re­ 3102.4 and 3222.6-2 and in terminating sified for disposal through exchange vision of participating areas. suspensions of this kind which have been under section 8 of the Act of June 28, (7) Approve payment of compensatory or may be granted. (The Director has 1934 (48 Stat. 1269) as amended by royalty for drainage from unitized lands. redelegated to the regional oil and gas section 3 of the Act of June 26, 1936 (8) Extend the fixed term of unit supervisors and mining supervisors the (49 Stat. 1976). agreements. authority delegated by this paragraph. There were no comments received fol­ (9) Approve rèquests for termination Survey Orders 218,17 F.R. 7513, and 218, lowing publication of the notice of of unit agreements. Amendment 1, 20 F.R. 8427.) proposed classification (33 F.R. 2865). (10) Review all determinations by unit G. Oil and gas sales contracts. The The lands affected by this classification operator, appoint arbitrating committees, regional oil and gas supervisors of the are located in Elko County and are de­ and render decisions on all determina­ Geological Survey may act for the Secre­ scribed as follows: tions by arbitrating committees. tary of the Interior in finally approving Mount Diablo Meridian, Nevada (11) Take appropriate action on com­ oil and gas sales contracts and agree­ T. 31 N., R. 53 E., mitments of interests to a unit agree­ ments filed pursuant to 30 CFR Part 223. Sec. 6, lots 1,2, 3, 4; ment filed subsequent to approval of the 220.4.2 Appeals. Any person aggrieved Sec. 8; unit agreement. by any action of a regional oil and gas Sec. 10; (12) Alter or modify the rate of pros­ Sec. 12, SE^SW ^, S%SE%; supervisor or a regional mining super­ pecting and development and the quan­ visor may appeal to the Director, Geo­ Sec. 14, NW%NE%, SE^N E^, SW&NW^, tity and rate or production. Ey2swy4, sw %sw »a , s e >4; logical Survey, and from his decision to Sec. 16; (13) Approve unit agreements which the Secretary of the Interior as provided Sec. 18, lots 1, 3, 4; adopt and follow the form of unit agree­ in 30 CFR 221.66. Sec. 22, NE y4. ments set forth in 30 CFR 226.12. (14) Approve unit agreements which CHAPTER o—ACCEPTANCE OF CONVEYANCE 1 Certificate of registration filed as part of the Secretary of the Interior has pre­ 220.5.1 Acceptance of conveyance. original document. viously approved as to form in accordance The Director of the Geological Survey

FEDERAL REGISTER, V O L 31, NO. 90— TUESDAY, MAY 10, 1966 NOTICES 6877 may enter into agreements for the acqui­ [Order No. 2895] subsection 9(a) (1) of the Federal Water sition and accept conveyances of lands Pollution Control Act, as amended. whenever such lands or interests in lands WATER POLLUTION CONTROL (c) Enforcement measures and pro­ are to be acquired for administration PROGRAM ceedings, as prescribed or authorized by through the Geological Survey pursuant Section 1. Purpose. This Order im­ section 10 of the Federal Water Pollution to any act of Congress. plements Reorganization Plan No. 2 of Control Act, as amended, shall be ini­ Dated: May 2,1966. 19661 which, among other things, trans­ tiated only with the approval of the Sec­ ferred the Federal Water Pollution Con­ retary; and water-quality standards as S tewart L. Udall, trol Administration from the Depart­ prescribed and authorized by subsection Secretary of the Interior. ment of Health, Education, and Welfare 10 (c) shall be approved and promulgated [F.R. Doc. 66-5050; Filed. May 9, 1966; to the Department of the Interior. by the Secretary. 8:45 a.m.] Sec. 2. Organization, (a) The head of (d) With respect to Executive Order the Federal Water Pollution Control Ad­ 11258, (1) any required modification of ministration shall be a Commissioner, standards for waste treatment, as au­ E. F. TIMME who shall administer the functions of thorized by section 5, shall be approved by the Secretary, and (2) reports re­ Report of Appointment and State­ the Administration subject to the super­ vision and direction of the Secretary of quired by sections 3, 6, 7, and 8 shall be ment of Financial Interests the Interior with- the assistance of an submitted by the Secretary. April 6 ,1966. Assistant Secretary. Sec. 6. Assignment of Functions. Un­ til further notice each function trans­ Pursuant to section 302(a) of Execu­ (b) The Federal Water Pollution Con­ trol Administration is designated as a ferred to the Secretary of the Interior by tive Order 10647, the following informa­ section 1 of Reorganization Plan No. 2 tion on a WOC appointee in the Depart­ bureau of the Department. Sec. 3. Policy. It is the policy of the of 1966 is assigned to each officer or em­ ment of the Interior is furnished for pub­ ployee from whom the function was lication in the F ederal R egister: Department of the Interior to carry out the Federal Water Pollution Control pro­ transferred. The officer or employee to Name of appointee: E. F. Timme. whom a function is assigned by this or­ Name of employing agencyD epart­ gram in a manner that will achieve high standards of water quality in the Na­ der shall have the same authority to per­ ment of the Interior, Office of Assistant form the function as he had before the Secretary for Water and Power Develop­ tion’s rivers, lakes, streams, estuaries, and coastal waters. The Federal Water effective date of Reorganization Plan No. ment. Pollution Control Administration shall 2 of 1966. The title of the appointee’s position: S ec. 7. Effective date. This order shall Alternate Deputy Director, Defense Elec­ mount a vigorous program of prevention, control, and abatement “to enhance the be effective on the effective date of Re­ tric Power Area 15. organization Plan No. 2 of 1966. The name of the appointee’s private quality and value of our water re­ employer or employers: The Washing­ sources”. The Administration will func­ Stewart L. Udall, ton Water Power Co. tion as one of the major units of the De­ Secretary of the Interior. partment and other bureaus and offices The statement of “financial interests” May 9,1966. for the above appointee is enclosed. within the Department shall consult with the Administration on all matters within [F.R. Doc. 66-5176; Filed, May 9, 1966; ' Stewart L. Udall, their program areas related to water 12:02 pjn.] Secretary of the Interior. pollution control. Pending the approval Appointee’s Statement of F inancial of an interdepartmental agreement to I nterests implement the consultations provided for by subsection 2(k) of the Water Quality DEPARTMENT OF AGRICULTURE In accordance with the requirements Act of 1965 (79 Stat. 905), consultations of section 302(b) of Executive Order shall be carried out with the Department Consumer and Marketing Service 10647, I am filing the following state­ of Health, Education, and Welfare on HUMANELY SLAUGHTERED ment for publication in the F ederal the health aspects of the program. All LIVESTOCK R egister : existing relationships of the Adminis­ (1) Names of any corporations of tration with the States and their water Identification of Carcasses; Changes which I am, or had been within 60 pollution control agencies and with inter­ in Lists of Establishments days preceding my appointment, on April state agencies shall be preserved. 20, 1966, as Alternate Deputy District Sec. 4. Delegation of Authority, (a) Pursuant to section 4 of the Act of Director, Area 15, DEPA, an officer or The Commisisoner, subject to the pro­ August 27, 1958 (7 U.S.C. 1904), and the director: visions of section 5 of this order, may statement of policy thereunder in 9 CFR 381.1, the lists (31 F.R. 1208, 3138, 5330) None. exercise the authority transferred to the Secretary of the Interior by Reorganiza­ of establishments which are operated un­ (2) Names of any corporations in tion Plan No. 2 of 1966. der Federal inspection pursuant to the which I own, or did own within 60 days (b) As the head of a bureau of the Meat Inspection Act (21 U.S.C. 71 et seq.) preceding my appointment, any stocks, Department, the Commissioner is au­ and which use humane methods of bonds, or other financial interests: thorized to exercise the authority slaughter and incidental handling of livestock are hereby amended as follows: None. granted generally to the heads of bureaus in Part 205 of the Departmental Manual. The reference to J. Lynn Cornwell, (3) Names of any partnerships in (c) Pursuant to 200 DM 2.2 he may Inc., establishment 107, and the refer­ which Í am associated, or had been asso­ redelegate or authorize written redele­ ence to swine with respect to such estab­ ciated within 60 days preceding my gation of such authority. lishment are deleted. The reference to appointment: Sec. 5. Reservation of Authority (a) S. W. Gall’s Son, establishment 735, and the reference to sheep and goats with None. State plans submitted pursuant to sub­ section 7(f) of the Federal Water Pollu­ respect to such establishment are de­ (4) Names of any other businesses tion Control Act, as amended, shall not leted. The reference to calves, sheep, which I own, or owned within 60 days be finally disapproved, nor shall related and goats with respect to Walden Pack­ preceding my appointment: hearings be held, without prior consulta­ ing Co., Inc., establishment 886, is deleted. None. tion and discussion with the Secretary. (b) The Secretary will designate the The following table lists species at ad­ E. F. T imme. ditional establishments and additional April 25,1966. chairman of the Water Pollution Con­ trol Advisory Board, as authorized by species at previously listed establish­ [F.R. Doc. 66-5052; Filed, May 9, 1966; ments that have been reported as being 8:45 a.m.] 1 See F.R. Doc. 66-5095 supra. slaughtered and handled humanely.

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966

/ 6878 NOTICES Docket No. 16609, File No. BR-4369, for Name of establishment Establishment No. Cattle Calves Sheep Goats Swine. Horses renewal of license of station KBVU: F. Kemper Freeman, Elwell C. Case, and 204 . _ (*) 473____ (*) Mrs. Florence G. Hayes, doing business as BfiiJ _ (*) (*) Bellevue Broadcasters (KFKF), Bellevue, New Establishments Reporting: 3. Wash., Docket No. 16610, File No. BP- 3f! (*) 171 ____ _ (*) (*) 17059, for construction permit; North­ 281 (*> H (*) west Broadcasters, Inc. (KBVU) (As­ SñO ______■______(*) (*> signor) , and Sunshine Broadcasting Co., »21 Í ..... ,...... (*) SpeciesAdded: 9. (Assignee), Docket No. 16611, File No. BAL-5521, for assignment of license of Done at Washington, D.C., this 5th day of May 1966. station KBVU: R. K. Somers, It is ordered, This 29th day of April Deputy Administrator, Consumer Protection, 1966, that Sol Schildhause shall serve as Consumer and Marketing Service. Presiding Officer in the above-entitled [F.R. Doc. 66-5079; Filed, May 9,1966; 8:47 am.] proceeding; that the hearings therein shall be convened on July 13, 1966, at 10 of 1958, as amended, that hearing in the a.m.; and that a prehearing conference above-entitled proceeding will be held on shall be held on May 23,1966, commenc­ DEPARTMENT OF COMMERCE June 1, 1966, at 10 a.m., local time, in ing at 9 a.m.: And, it is further ordered, Room 911, Universal Building, 1825 Con­ That all proceedings shall be held in the Maritime Administration necticut Avenue NW., Washington, D.C. offices of the Commission, Washington, D.C. CARRIAGE OF OIL TO RHODESIA For further information regarding the issues involved herein, interested persons Released: May 4,1966. Notice is hereby given that the Mari­ may refer to the various orders of the time Administrator has received the Board, the prehearing conference report, F ederal Communications following self-explanatory letter from and other documents, which are on file Commission, The Honorable Thomas C. Mann, Under in the Docket Section of the Civil Aero­ [seal] Ben F. Waple, Secretary of State for Economic Affairs: nautics Board. Secretary. Department of State, [F.R. Doc. 66-5083; Filed, May 9, 1966; Dated at Washington, D.C., May 3, 8:48 am.} Washington, May 4,1966. 1966. Dear Mr. J ohnson: I am writing with regard to a Resolution of the Security [seal] Walter W. Bryan, Council pf the United Nations adopted on Hearing Examiner. April 9, 1966. That Resolution, No. 221, [F.R. Doc. 66-5073; Filed, May 9, 1966; FEDERAL MARITIME COMMISSION relates to shipments of oil to Southern 8:47 am .] Rhodesia and provides in part: NORTH ATLANTIC MEDITERRANEAN The Security Council, FREIGHT CONFERENCE * ♦ ♦ * * 4. Calls upon all States to ensure the diver­ Notice of Agreement Filed for sion of any of their vessels reasonably be­ DEPARTMENT OF HOUSING Approval lieved to be carrying oil destined for Rhodesia which may be en route for Reira; AND URBAN DEVELOPMENT Notice is hereby given that the follow­ 5. Calls upon the Government of the ing agreement has been filed with the United Kingdom to prevent by the use of Office of the Secretary Commission for approval pursuant to force if necessary the arrival at Beira of section 15 of the Shipping Act, 1916, as vessels reasonably believed to be carrying oil UNDER SECRETARY OF HOUSING amended (39 Stat. 733, 75 Stat. 763, 46 destined for Rhodesia .... AND URBAN DEVELOPMENT U.S.C. 814). The Government of the United States voted Interested parties may inspect and for Resolution No. 221 in the Security Council Delegation of Authority and supports the efforts of the United King­ obtain a copy of the agreement at the dom to end the illegal, unilateral declaration The Under Secretary of Housing and Washington Office of the Federal Mari­ of independence by the Smith regime in Urban Development, Robert C. Wood, is time Commission, 1321 H Street NW., Southern Rhodesia. Accordingly, we wish hereby authorized to exercise all the Room 609; or may inspect agreements at to advise all owners of United States flag power and authority vested in or dele­ the offices of the District Managers, New ships to take all necessary steps to prevent gated or assigned to the Secretary of York, N.Y., New Orleans, La., and San their ships of United States registry from Housing and Urban Development. Francisco, Calif. Comments with refer­ carrying oil to Beira destined for Rhodesia. (79 Stat. 670, 5 U.S.C. 624d(d) ) ence to an agreement including a re­ We should appreciate your having this quest for hearing, if desired, may be letter and any other notice you believe ap­ Effective date. This delegation of submitted to the Secretary, Federal propriate published in the F ederal R egister. authority shall be effective as of May Sincerely yours, Maritime Commission, Washington, D.C., 10, 1966. 20573, within 20 days after publication T homas C. Mann, R obert C. W eaver, Under Secretary for Economic Affairs. of this notice in the F ederal R egister. Secretary of Housing and A copy of any such statement should also Dated: May 6, 1966. Urban Development, be forwarded to the party filing the Nicholas J ohnson, [F.R. Doc. 66-5075; Filed, May 9, 1966; agreement (as indicated hereinafter) Maritime Administrator. 8:47 ajn.} and the comments should indicate that [F.R. Doc. 66-5124; Filed, May 9, 1966; this has been done. ' 8:48 a.m.] Notice of agreement filed for approval FEDERAL COMMUNICATIONS by: Mr. Burton H. White, Burlingham, Under­ wood, Barron, Wright & White, 25 Broad­ CIVIL AERONAUTICS BOARD COMMISSION way, New York, N.Y., 10004. [Docket No. 16474 etc.] [Docket Nos. 16609-16611; FCC 66M-636] Agreement 9548, between the member ALLEGHENY AIRLINES, INC. NORTHWEST BROADCASTERS, INC. lines of the North Atlantic Mediter­ (KBVU) ET AL. ranean Freight Conference in the trade Segment 8 Renewal and Route from United States North Atlantic Realignment Investigation Order Scheduling Hearing ports in the Eastport, Maine/Hampton Notice hereby is given, pursuant to the In re applications of Northwest Broad­ Roads range, either direct or via trans­ provisions pf the Federal Aviation Act casters, Inc. (KBVU), Bellevue, Wash., shipment, to ports on the Mediterranean

FEDERAL REGISTER, V O L 31, NO. 90— TUESDAY, MAY 10, 1966 NOTICES 6879 Sea (except Spanish and Israeli ports), the scope of the Agreement, (5) for re­ on the Sea of Marmara and the Black tention for 2 years of the record of the FEDERAL POWER COMMISSION Sea and on the Atlantic Coast of Mo­ vote taken on each matter submitted rocco, will, if approved, supersede and to members for Conference action, (6) [Docket No. RI66-349, etc.] cancel the Conference’s present Agree­ for filing with the Commission within PINEY POINT PETROLEUMS, ET AL. ment 7980, as amended. 30 days after Conference action of a re­ Agreement 9548 contains certain pro­ port of matters discussed specifying the Order Accepting Proposed Contract visions which are not included in Agree­ action taken, (7) for a detailed self- Ratifications and Related Rate Sup­ ment 7980, and others which amend policing' system and arbitration proce­ plements, Providing for Hearings some of its existing terms and condi­ on and Suspension of Proposed tions. It contains provisions (1) out­ dure, and (8) a penalty for disclosure of lining a procedure for handling ship­ any confidential matter by a member Changes in Rates 1 pers’ requests and complaints, (2) that line. April 29,1966. the members may employ a vice chair­ Dated: May 5,1966. The above-named Respondents have man who shall perform the duties of the tendered for filing proposed changes in chairman in his absence or disability, By order of the Federal Maritime presently effective rate schedules for (3) for 48 hours’ advance notice of con­ Commission. sales of natural gas subject to the juris­ ference meetings, (4) that the Confer­ T homas Lis i, diction of the Commission. The pro­ ence office shall retain for 2 years all Secretary. posed changes, which constitute in­ reports or circulars, which are distributed [F.R. Doc. 66-5066; Filed, May 9, 1966; creased rates and charges, are designated to members, relating to matters within 8:46 a.m.] as follows:

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

RI66-349__ Piney Point Petroleums, 1 3 Tennessee Gas Pipeline $380 3-31-66 85- 1-66 10- 1-66 14.0 48 17. 16947 206 Southwest Tower, Co., a division of Houston, Tex., 77002. Tenneco, Inc.2 (Deckers Prairie Field, Mont­ gomery County, Tex.) (R.R. District No. 3). RI66-360— Ashland Oil & Refining 140 7 United Fuel Gas Co. 140,000 3-30-66 «4-30-66 9-30-66 io h 28.0 78 »30.0 Co., Post Office Box (Kanawha, Fayette, 1503, Houston, Tex., Raleigh and Boone 77001, Attn: J. Paul Counties, W. Va.). Fly, Esq. RI66-351__ Southwest Gas Producing 17 2 Arkansas-Louisiana Gas 5,750 2-30-66 «5- 1-66 10- 1-66 1» 18.5 4 72 78 19.5 Co., Inc., Post Office Co. (Vixen Field, Box 2927, Monroe, La., Caldwell Parish, La.) 71201. (North Louisiana). RI66-352__ Apache Corp., 823 South 12 3 06 Michigan Wisconsin Pipe Detroit, Tulsa, Okla., Line Co. (Mocane 74120. (Tonka) Field, Beaver / 3,650 4- 1-66 35- 2-66 10- 2-66 74 78 18. 06 4 8 74 78 20. 56 County, Okla.) \ 6,525 78 7818.15 4 8 78 78 20.65 (Panhandle Area). RI66-353— Oklahoma Natural Gas 13 3 Panhandle Eastern Pipe 2,179 4- 1-66 «5- 2-66 10- 2-66 78 77 19. 431 4 8 78 77 22.2885 Co., Post Office Box Line Co. (Glenwood 871, Tulsa, Okla., 74102. Field. Beaver County, Okla.) (Panhandle Area). RI66-354__ Thomas E. Berry 9 1 Western Gas Service Co. 226 4- 4-66 35- 5-66 10- 5-66 14.5 4 815.5 (Operator), et al., Post (Guymon-Hugoton Field, Office Box 528, Texas County, Okla.) Stillwater, Okla., 74074. (Panhandle Area). RI66-355... Marathon Oil Co., 539 33 4 Michigan Wisconsin Pipe 313 3-31-66 «5- 2-66 1 0 - 2 -6 6 7815.0 4 8 78 17.0 RI66-251 78 South Main St., Line' Co. (Nichols Field, Findlay, Ohio, 45840. Kiowa County, Kans.). 20 2 (21) R K e-sse^. Harry E. Venters, 603 Lone Star Gas Co. (East (“) 3-17-66 »4-17-66 Accepted 22 1 First National Bldg., 2 Doyle Field, Stephens 27 4- 4-66 »4-17-66 Accepted 23 2 Oklahoma City, Okla. 2 County, Okla.) (Oklar 27 4- 4-66 »4-17-66 Accepted ) 15.0 8 28 17.9 2 24 3 homa “Other” Area). 27 4- 4-66 » 4-17-66 Accepted 2 4- 4-66 »5- 5-66 10- 5-66 20 2 RI66-357— Ernest W. Tate, Post ( 21) m 3-17-66 »4-17-66 Accepted Office Box 1508, Ard- 2 22 1 27 4- 4-66 »4-17-66 Accepted I more, Okla., 73401. 2 23 2 27 4- 4-66 »4-17-66 Accepted ) 15.0 8 »» 17.9 2 24 3 27 4- 4-66 »4-17-66 Accepted 2 4- 4-66 »5- 5-66 10- 5-66 RI66-358... N. Bruce Calder & Curtis 2 2 5 Transwestem Pipeline Co. 1,313 4- 4-66 «5- 5-66 10- 5-66 7817.0 4 8 78 19. 5 E. Calder, Jr., d.b.a. (Dude Wilson Field, Horizon Oil & Gas Co., Ochiltree County, Tex.) 940 Hartford Bldg., (R.R. District No. 10). Dallas, Tex., 75201. RI66-359— C. J. Fowlston, et al., 224 1 3 Colorado Interstate Gas Co. 600 4- 4-66 »5- 5-66 10- 5-66 7815.0 8 78 28 17.0 Amarillo Bldg., Ama- (Keys Field, Cimarron rillo, Tex., 79101. County, Okla.) (Pan­ handle Area).

2 Formerly Tennessee Gas Transmission Co. 78 Subject to a downward B.t.u. adjustment. 8 The stated effective date is the first day after expiration of the statutory notice. 12 Rate of 16.0 cents per Mcf suspended in Docket No. RI66-251 until June 23, I960. 4 Periodic rate increase. 20 Supersedes Harry E. Venters’ FPC Gas Rate Schedule No. 1. 8 Pressure base is 14.66 p.s.i.a. 21 Ratification, dated Aug. 30,1965. 6 The stated effective date is the effective date proposed by Respondent. 22 Contract, dated Oct. 25,1962. 7 “ Fractured” rate increase. Ashland is contractually due 31.0 cents, including 28 Letter agreement, dated Feb. 7,1963. 3.0 cents for gathering. 24 Amendment, dated Apr. 27,1964. 4 Pressure base is 15.325 p.s.i.a. 28 Notice of change, dated Apr. 1,1966. • Includes 3.0 cents per Mcf for gathering. 26 Respondent states that volumes related to his interest in units involved (Lundy 10 Includes 2.5 cents per Mcf for gathering. No. 1 and 2 Units) are unknown to him at this time. Total production from subject 11 Initial price set forth in Commission order issued June 11, 1964, in Docket Nos. units from Mar. 18,1963, to Oct. 31,1963, was 1,399,061 Mcf based on letter from buyer CP60-123 and CI60-493. Initial contract price is 30.0 cents, including 2.5 cents per dated Dec. 16, 1963, contained in Rate Schedule No. 1. (Respondent’s interest is Mcf for gathering. not shown in instant or previous filings.) 12 Pressure base is 15.025 p.s.i.a. 27 Completes filing of Mar. 14, 1966. is Includes 1.5 cents per Mcf tax reimbursement. 28 Renegotiated rate increase. 14 C. L. Fades Unit (Includes 1.06 cents upward B.t.u. adjustment). 28 Supersedes Ernest W. Tate’s FPC Gas Rate Schedule No. 1. 15 Subject to upward and downward B.t.u. adjustment. 80 Permanently certificated rate applicable to all acreage under rate schedule is 17.0 n Thomas Eades Unit No. 1 (Includes 1.15 cents upward B.t.u. adjustment). cents plus B.t.u. adjustment. Notice of change applies only to C. L. Eades and 17 Includes 2.431 cents upward B.t.u. adjustment before increase and 2.7885 oents Thomas Eades No. 1 units. upward B.t.u. adjustment after increase (filing reflects that present B.t.u. content of gas is 1043 B.t.u.’s per cubic feet). 1 Does not consolidate for hearing or dispose of the several matters herein.

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 6880 NOTICES

Piney Point Petroleums requests that 17, 1966, the date of expiration of the 10427 of January 16, 1953, Executive its proposed rate increase be permitted statutory notice. Order 10737 of October 29, 1957, and to become effective as of March 1, 1966. (2) Except for the supplements setExecutive Order 11051 of September 27, Apache Corp. requests retroactive effec­ forth in (1) above, it is necessary and 1962 (18 F.R. 407, 22 F.R. 8799, 27 F.R. tive dates of October 1, 1959, and Octo­ proper in the public interest and to aid 9683); Reorganization Plan No. 1 of ber 1, 1964, for its rate filings. Thomas in the enforcement of the provisions of 1958, Public Law 85-763, and Public Law E. Berry (Operator), et al., request an the Natural Gas Act that the Commis­ 87-296; by virtue of the Act of Septem­ effective date of October 6, 1965, for sion enter upon hearings concerning the ber 30, 1950, entitled “An Act to author­ their proposed rate increase. Harry E. lawfulness of the proposed changes, and ize Federal assistance to States and local Venters (Venters) and Ernest W. Tate that the above-designated supplements governments in major disasters, and for (Tate) request a retroactive effective be suspended and the use thereof de­ other purposes” (42 U.S.C. 1855-1855g), date of July 1, 1963, for their proposed ferred as hereinafter ordered. as amended; notice is hereby given of a rate filings. C. J. Fowlston, et al., re­ The Commission orders: declaration of “major disaster” by the quest that their proposed rate increase (A) Tate and Venters’ contract rati­ President in his letter dated April 30, be permitted to become effective as of fications dated August 30, 1965, desig­ 1966, reading in part as follows: July 26, 1965, the date that the 17-cent nated as Tate and Venters’ FPC Gas Rate I have determined that the damage in the rate became effective subject to refund in Schedule No. 2, respectively, and related areas adversely affected by flooding begin­ Docket No. RI65-509 under Shell Oil Co. rate Supplement Nos. 1, 2, and 3, are ning on or about December 22, 1965, in the (the operator of the unit involved) FPC accepted for filing and the rate schedules State of Arizona, Is of sufficient severity and Gas Rate Schedule No. 85. Good cause are permitted to supersede Tate and magnitude to warrant Federal disaster as­ has not been shown for waiving the 30- Venters’ FPC Gas Rate Schedule No. sistance to supplement State and local ef­ day notice requirement provided in sec­ 1, respectively. The superseding rate forts. tion 4(d) of the Natural Gas Act to per­ schedules and rate supplements are per­ I do hereby determine the following mit earlier effective dates for the afore­ mitted to become effective as of April 17, areas in the State of Arizona to have mentioned producers’ rate filings and 1966. been adversely affected by the catas­ such requests are denied. C. J. Fowl­ (B) Pursuant to the authority of the trophe declared a major disaster by the ston, et al., have a separate contract and Natural Gas Act, particularly sections 4 President in his declaration of April 30, are not a party to Shell Oil Co.’s con­ and 15 thereof, the Commission’s rules 1966: tract and their request for a retroactive of practice and procedure, and the reg­ The Counties of: effective date of July 26, 1965, is there­ ulations under the Natural Gas Act (18 Graham. Pima. fore denied. CFR Ch. I), a public hearing shall be Greenlee. Pinal. On March 14,1966, and March 17,1966, held upon a date to be fixed by notice Maricopa. Tate and Venters, respectively, sub­ from the Secretary concerning the law­ mitted a ratification of their respective fulness of the proposed increased rates Dated: May 3,1966. contract with related rate supplements and charges contained in the above- F arris Bryant, and a renegotiated rate increase from designated supplements (except Supple­ Director, 15.0 cents to 17.9 cents per Mcf at 14.65 ment Nos. 1, 2, and 3 to Tate and Venters’ Office of Emergency Planning. p.s.i.a. for sales of gas to Lone Star Gas FPC Gas Rate Schedule No. 2, respec­ [F.R. Doc. 66-5071; Filed, May 9. 1966; Co. in the East Doyle Field, Stephens tively) . 8:47 am .] County, Okla. (Oklahoma “Other” Area). (C) Pending hearings and decisions The ratifications dated August 30, 1965, thereon, the above-designated rate sup­ designated as FPC Gas Rate Schedule plements are hereby suspended and the No. 2 for both Tate and Venters super­ use thereof deferred until the date indi­ SECURITIES AND EXCHANGE sedes their FPC Gas Rate Schedule No. cated in the above “Date Suspended 1, respectively, and provide for their pro­ Until” column, and thereafter until such COMMISSION posed rate changes. We believe it further time as they are made effective in [01-31 would be in the. public interest to accept the manner prescribed by the Natural for filing Tate and Venters’ contract Gas Act. LEACH CORP. ratifications and related Supplement (D) Neither the supplements hereby Nos. 1, 2, and 3, respectively, to become suspended, nor the rate schedules sought Application and Opportunity for effective as of April 17, 1966, the date of to be altered thereby, shall be changed Hearing expiration of the statutory notice, but until these proceedings have been dis­ May 4, 1966. not the proposed rate contained therein posed of or until the periods of suspension Notice is hereby given that Leach which will be suspended as indicated have expired, unless otherwise ordered Corporation (Leach), 405 Huntington below. , by the Commission. Drive, San Marino, Calif., has filed an All of the producers’ proposed in­ (E) Notices of intervention or peti­ application pursuant to section 12(h) of creased rates and charges exceed the tions to intervene may be filed with the the Securities Exchange Act of 1934, as applicable area price level for increased Federal Power Commission, Washington, amended (“the Act”), for an order rates as set forth in the Commission’s D.C., 20426, in accordance with the rules exempting it from the registration pro­ Statement of General Policy No. 61-1, as of practice and procedure (18 CFR 1.8 visions of section 12(g) of the Act. amended (18 CFR 2.56). and 1.37(f)) on or before June 15, 1966. Exemption from section 12(g) will have The proposed changed rates and By the Commission. the additional effect of exempting Leach charges may be unjust, unreasonable, [seal] J oseph H. G utride, from section 13 or 14 of the Act and any unduly discriminatory, or preferential, officer, director or beneficial owner of or otherwise unlawful. Secretary. more than 10 percent of Leach’s capital The Commission finds: [P.R. Doc. 66-5011; Piled, May 9, 1966; stock from section 16 thereof. (1) Good cause has been shown for 8:45 am.] Section 12(g) of the Act requires 4he accepting for filing Tate and Venters’ registration of the equity securities of proposed contract ratifications dated every issuer which is engaged in, or in August 30, 1965, designated as Tate and business affecting interstate commerce, Venters’ FPC Gas Rate Schedule No. 2, OFFICE OF EMERGENCY or whose securities are traded by use of respectively, and related rate Supple­ the mails or any means or instrumen­ ment Nos. 1, 2, and 3, and for permitting PLANNING tality of interstate commerce and on the such rate schedules to supersede Tate ARIZONA last day of its fiscal year, has total assets and Venters’ PTC Gas Rate Schedule exceeding $1 million and a class of equity No. 1, respectively, and for permitting Notice of Major Disaster securities held of record initially by 750 such rate schedules and related rate sup­ Pursuant to the authority vested in me or more persons, and after July 1, 1966, plements to become effective as of April by the President under Executive Order by 500 or more persons. Registration is

FEDERAL REGISTER, V O L 31, NO. 9 0 — TUESDAY, MAY 10, 1966 NOTICES 6881 terminated 90 days after the issuer files subsidiary company of General Public such request should be addressed: Sec­ a certification with the Commission that Utilities Corp., a registered holding com­ retary, Securities and Exchange Com­ the number of holders of the registered pany, has filed an application with this mission, Washington, D.C., 20549. A class of equity securities is fewer than Commission, pursuant to the Public copy of such request should be served 300 persons. Utility Holding Company Act of 1935 personally or by mail (airmail if the per­ Section 12(h) empowers the Commis­ (“Act”), designating section 6(b) of the son being served is located more than 500 sion to exempt, in whole or in part, any Act and Rule 50 promulgated thereunder miles from the point of mailing) upon issuer or class of issuer from registration, as applicable to the proposed transac­ thè applicant at the above-stated ad­ periodic reporting and proxy solicita­ tion. All interested persons are referred dress, and proof of service (by affidavit tion provisions of the Act if the Commis­ to the application, which is summarized or, in case of an attorney at law, by cer­ sion finds, by reason of the number of below, for a complete statement of the tificate) should be filed contempora­ public investors, amount of trading in­ proposed transaction. neously with the request. At any time terest in the securities, the nature and Met-Ed proposes to issue and sell, after said date, the application, as filed extent of the activities of- the issuer, or subject to the competitive bidding re­ or as it may be amended, may be granted otherwise, that such exemption is not in­ quirements of Rule 50 promulgated under as provided in Rule 23 of the general consistent with the public interest or the Act, $15 million principal amount of rules and regulations promulgated un­ the protection of investors. First Mortgage Bonds, __ percent Series, der the Act, or the Commission may Leach’s application states, in part: to be dated June 1, 1966. The interest grant exemption from such rules as pro­ 1. Leach, a Delaware Corporation, had rate of the bonds (which shall be a multi­ vided in Rules 20(a) and 100 thereof or over $1 million total assets and in excess ple of one-eighth of 1 percent) and the take such other action as it may deem of 750 shareholders of its single class of price, exclusive of accrued interest, to appropriate. capital stock, par value $20 on February be paid to Met-Ed (which shall be not For the Commission (pursuant to dele­ 28, 1965. It would, therefore, be subject less than 100 percent nor more than gated authority).' to the registration requirements of sec­ 102.75 percent of the principal amount tion 12(g). thereof) will be determined by the com­ [seal] Orval L. DuBois, 2. Pursuant to an agreement of merger petitive bidding. The bonds, which will Secretary. adopted by its shareholders, Leach was mature on June 1, 1996, will be issued [F.R. Doc. 66-5056; Filed, May 9, 1966; merged into Leach Relay Corp. on Janu­ under an Indenture dated as of June 1, 8:46 a.m.] ary 3, 1966. The surviving corporation, 1944, between Met-Ed and Guaranty renamed Leach Corp., has approximately Trust Co. of New York (now Morgan 130 shareholders. Guaranty Trust Co. of New York), Trust­ For a more detailed statement of the ee, as heretofore supplemented, and as DEPARTMENT OF LABOR information presented, all persons are to be further supplemented by a Supple­ referred to said application which is on mental Indenture to be dated June 1, Office of Federal Contract Compliance file in the offices of the Commission at 1966. 425 Second Street NW., Washington, The filing states that the proceeds EQUAL EMPLOYMENT OPPORTUNITY D.C. (other than premium, if any, and ac­ Preaward Procedure To Insure Com­ Notice is further given that any in­ crued interest) from the sale of the terested person may, not later than May bonds will be utilized to reimburse Met- pliance by Government Contractors 25, 1966, submit to the Commission in Ed’s treasury, in part, for $16,000,000 of 1. Purpose. Both the Armed Services writing his views or any additional facts unreimbursed costs of construction (in­ Procurement Regulations (32 CFR bearing upon this application or the de­ cluding interest during construction) ex­ 1.905-4) and the Federal Procurement sirability of a hearing thereon. Any pended prior to January 1, 1966. The Regulations (41 CFR 1-1.310-9) nor­ such communication or request should cost of Met-Ed’s 1966 construction pro­ mally require a preaward on site survey be addressed: Secretary, Securities and gram is estimated at approximately whenever other sources of information Exchange Commission, 425 Second $26,500,000, and such costs and other do not yield sufficient information that Street NW., Washington, D.C., 20549, and cash requirements will be met, in part, the prospective contractor is able to con­ should state briefly the nature of the by interim utilization of treasury funds form to the standard equal opportunity interest of the person submitting such made available from the proposed sale clause. The purpose of this- order is to information or requesting a hearing, the of bonds. establish a specific, uniform, and clearly reason for such request, and the issues of Fees and expenses incident to the pro­ defined program of preaward action by fact and law raised by the application posed transaction are estimated at $60,- the Federal Government to ensure that which he desires to controvert. At any 000, including counsel fees of $17,500 Government supply contractors are in time after said date, an order granting and accounting fees of $5,250. The fees compliance with thé equal opportunity the application may be issued by the and disbursements of counsel for the provisions of Executive Order 11246 and Commission unless an order for hearing underwriters, to be paid by the success­ the rules and regulations issued pursuant upon said application be issued upon ful bidders, will be supplied by amend­ thereto before being awarded formally request or upon the Commission’s own ment. advertised contracts. motion. The filing states that the issue and 2. Background. Although consider­ By the Commission. sale of- the bonds are subject to the able progress has been made in the past jurisdiction of the Pennsylvania Public 4 years toward the accomplishment of [seal] Orval L. DuBois, Utility Commission, the State commis­ our objective of equal employment op­ Secretary. sion of the State in which Met-Ed is portunity, many Government contrac­ [F.R. Doc. 6645055; Filed, May 9, 1966; organized and doing business. It is fur­ tors have failed to employ minority group 8:46 a.m.] ther stated that no other State commis­ personnel, have underutilized their sion, and no Federal commission, other talents and skills or have merely engaged than this Commission, has jurisdiction in what amounts to token efforts to em­ [File No. 70-4380] over the proposed transaction. ploy and utilize minority group person­ METROPOLITAN EDISON CO. Notice is further given that any inter­ nel. The experience of the President’s ested person may, not later than May 26, Committee on Equal Employment Op­ Proposed Issue and Sale at Com­ 1966, request in writing that a hearing portunity and discussions with contract­ petitive Bidding of First Mortgage be held on such matter, stating the na­ ing agencies have demonstrated the Bonds ture of his interest, the reasons for such need for a more uniform and effective May 4,1966. request, and the issues of fact or law preaward procedure in order to accom­ Notice is hereby given that Metro­ raised by said application which hie de­ plish our objective. politan Edison Co. (“Met-Ed”), 2800 sires to controvert; or he may request 3. Actions, a. Each agency must in­ Pottsville Pike, Mühlenberg Township, that he be notified if the Commission clude in the specifications for each for­ Berks County, Pa., an electric utility should order a hearing thereon. Any mally advertised supply contract which

FEDERAL REGISTER, VOL. 3T, NO. 90— TUESDAY, MAY 10, I960 6882 NOTICES may result in a bid of $1 million or more, e. Requests for exemptions from this two from other interested groups, all of a notice (the form of which is approved order must be made in writing, with whom are to be appointed by the Secre­ by the Office of Federal Contract Com­ justification, to the Director, Office of tary from among persons recommended pliance) to prospective bidders that if Federal Contract Compliance, Washing­ by organizations in the respective groups. their bid is in the amount of $1 million ton, D.C., and shall be forwarded through The additional three representatives are or more, the apparent low responsible and with the endorsement of. the agency to be appointed from the general public bidder and his known first-tier subcon­ head. by the Secretary. The prescribed duties tractors with subcontracts of $1 million f. The procedures set forth in a.- and of the Council are to advise the Secre­ or more will be subject to a full compli­ b. above shall not apply to any contract tary with respect to the carrying out of ance review before the award of the when the head of the contracting agency his functions under the Welfare and contract. determines that such contracts are es­ Pension Plans Disclosure Act, as amend­ b. (1) Before the award of any for­ sential to the national security and that ed, and to submit to the Secretary rec­ mally advertised supply contract of $1 its award without following such pro­ ommendations with respect thereto. million or more, a full compliance review cedures is necessary to the national The Council is required to meet at least of a prospective contractor’s and his security. Upon making such a determi­ twice each year and at such other times known first-tier $1 million subcontrac­ nation, the agency head will notify, in as the Secretary requests. tor’s employment practices will be con­ writing, the Director of the Office of To assure continuity in the handling ducted by the Predominant Interest Federal Contract Compliance within 30 of the business of the Council, a rota­ Agency (PIA) within 6 months prior to days. tion system is provided whereby the 2- the award of the contract. If no PIA g. Nothing in this order shall be inter­ year terms of approximately half the has been assigned for such contractor, preted to diminish the present contract members expire each year. The groups the awarding agency will conduct such compliance review and complaint pro­ represented by the members whose terms review. If an agency other than the grams. expire on June 30, 1966, are as follows: awarding agency has been assigned as 4. Authority, a. Subpart C, section Labor (2), the corporate trust field (1), the PIA, ]the awarding agency will notify 205 of Executive Order 11246, dated other interested groups (2) and the pub­ the PIA and request appropriate action September 24,1965, which states, in part: lic (1). Appointments of new members and findings in accordance with this will be for 2-year terms, beginning July 1, order within 30 days of the date of such All contracting agencies shall comply with 1966. request. the rules of the Secretary of Labor in dis­ charging their primary responsibility for Accordingly, notice is hereby given (2) The preaward compliance review securing compliance with the provisions of that any organization desiring to recom­ will include a comprehensive review of contracts and otherwise with the terms of mend persons for appointment to the the employers’ employment policies and this order and of the rules, regulations, and “Advisory Council on Employee Welfare practices with special attention to those orders of the Secretary of Labor issued pur­ and Pension Benefit Plans” may submit relating to recruitment, placement, pro­ suant to this order. recommendations to the Secretary of motion, and other areas of potential Labor, 14th Street and Constitution Ave­ discrimination. Such reviews should be b. Subpart D, section 211 of Executive nue NW., Washington, D.C., 20210, on conducted by the personnel regularly in­ Order 11246, which states: or before June 10, 1966. The recom­ volved in the compliance review program. If the Secretary shall so direct, contracting mendation may be in the form of a let­ A written report of the review, including agencies shall not enter into contracts with ter, resolution, or petition, signed by an findings and subsequent action, will be any bidder or prospective contractor unless authorized official of the organization. transmitted to the agency Contract Com­ the bidder or prospective contractor has Each recommendation shall identify the pliance Officer, who in turn will forward satisfactorily complied with the provisions candidate by name, occupation or posi­ it to this Office for a postaward review of this Order or submits a program for compliance acceptable to the Secretary of tion, and address. It shall specify the within 30 days after the award. Labor or, if the Secretary so authorizes, to field or group which he would represent (3) In order to qualify for the award the contracting agency. for purposes of section 14 of the Act, and of the contract, the contractor and such whether he is available and would accept. first-tier subcontractors must be found 5. Effective date. The provisions of Signed at Washington, D.C., this 30th on the basis of such review to be able to this order will be effective with respect day of April 1966. comply with the required equal oppor­ to transactions in which the invitations tunity provision unless the contractor to bid are issued on or after June 1,1966. J ames J. R eynolds, and such subcontractors offer a justifica­ Assistant Secretary tion which is acceptable to the agency Signed at Washington, D.C., this 3d for Labor-Management Relations. Contract Compliance Officer. If such day of May 1966. [F.R. Doc. 66—5054; Filed, May 9, 1966; Officer approves the justification, he will 8:45 a.m.] endorse it and include it in the compli­ Edward C. Sylvester, Jr., ance review file when forwarding it to Director. this Office for the postaward review [P.R. Doc. 66-5053; Piled, May _ 9, 1966; within 30 days after the award. 8:48 a.m.] INTERSTATE COMMERCE c. Within 30 days after the award of the prime contract of $1 million or more, the prime contractor shall—and 30 days Office of the Secretary COMMISSION after the award of each subcontract, each FOURTH SECTION APPLICATIONS first-tier subcontractor working on a ADVISORY COUNCIL ON EMPLOYEE prime contract of $1 million or more WELFARE AND PENSION BENEFIT FOR RELIEF shall—be required to file a complete com­ PLANS May 5,1966. pliance report form if: Protests to the granting of an appli­ (1) Such employers have not sub­ Recommendations for Appointment cation must be prepared in accordance mitted a complete compliance report Section 14 of the Welfare and Pen­ with Rule 1.40 of the general rules of within 12 months preceding the date of sion Plans Disclosure Act Amendments practice (49 CFR 1.40) and filed within the award, and of 1962 (76 Stat. 40, 41, 29 U.S.C. 308e) 15 days from the date of publication of (2) Such employers are within the this notice in the F ederal R egister. definition of “employer” of section 2k(3) provides for the establishment of an of the instructions to the compliance re­ “Advisory Council on Employee Welfare Long-and-S hort H aul port Standard Form 100 (EEO-1). and Pension Benefit Plans” which is to FSA No. 40461—Anhydrous ammonia d. Each contracting agency will sub­ consist of 13 members to be appointed from Don and Pocatello, Idaho, and mit to this Office on or before May 20, as follows: One from the insurance field, Geneva, Utah. Filed by Western Trunk 1966, its program to implement this one from the corporate trust field, two Line Committee, agent (No. A-2450), for order. from management, four from labor, and interested rail carriers. Rates on an-

FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 NOTICES 6883 hydrous ammonia, in tank carloads, from terstate routes, this being solely an ap­ of Operations and Compliance, Inter­ Don and Pocatello, Idaho, and Geneva, plication to modify the key point of state Commerce Commission, 680 West Utah, to points in Minnesota, North Da­ Odem, Tex., for the transportation of Peachtree Street NW., Room 300, At­ kota, and South Dakota. R E A Express traffic on R E A billing, for lanta, Ga., 30308. Grounds for relief—Market competi­ 180 days. Supporting shipper: REA Ex­ No. MC 108461 (Sub-No. 104 TA), filed tion. press, 2413 Broadway, Kansas City, Mo., May 2, 1966. Applicant: WHITFIELD Tariff—Supplement 156 to Western 64108. Send protests to: J. P. Werth- TRANSPORTATION, INC., 300-316 Trunk Line Committee, agent, tariff mann, District Supervisor, Bureau of North Clark Road, • Post Office Drawer ICC A-4411. Operations and Compliance, Interstate 9897, El Paso, Tex., 79989. Applicant’s FSA No. 40462—Acrylonitrile to Le- Commerce Commission, Room 3248-B, representative: J. P. Rose (same address mont, III. Filed by O. W. South, Jr., 1520 Market Street, St. Louis, Mo., 63103. as above). Authority sought to oper­ agent XNo. A4888), for interested rail No. MC 103341 (Sub-No. 7 TA), filed ate as a common carrier, by motor vehi­ carriers. Rates on acrylonitrile, in tank May 2, 1966. Applicant: YOUNG­ cle, over regular routes, transporting: carloads, from New Orleans, La., to Le- BLOOD VAN & STORAGE CO., INC., General commodities (except livestock, mont, HI. 3908 Hamilton Road, Columbus, Ga. commodities of unusual value, class A Grounds for relief—Market competi­ Applicant’s representative: A la n F. & B explosives, household goods as de­ tion. Wohlstetter, 1 Farragut Square South, fined by the Commission, and commodi­ Tariff—Supplement 126 to Southern Washington, D.C., 20006. Authority ties requiring special equipment), (1 ) Freight Association, agent, tariff ICC sought to operate as a common carrier, between Tularosa and Roswell, N. Mex., S-272. by motor vehicle, over irregular routes, over U.S. Highway 70, serving all inter­ transporting: Household goods, as de­ mediate points, and the off-route point By the Commission. fined by the Commission, between points of Ruidoso, N. Mex., (2) serving Carri­ [seal] H. Neil G arson, in: (a) The counties of Dade, Catoosa, zozo, N. Mex., as an intermediate point Secretary. Whitfield, Murray, Fannin, U n io n , in connection with applicant’s presently [F.R. Doc. 66-5067; Filed, May 9, 1966; Towns, Rabun, Walker, Chattooga, Gor­ authorized route between El Paso, Tex., 8:46 am.} don, Gilmer, Lumpkin, White, Haber­ and Albuquerque, N. Mex. (Sub-No. 60), sham, Pickens, Dawson, Stephens, Floyd, (3) between Carrizozo, N. Mex., and J Notice 178} Bartow, Cherokee, Forsyth, Hall, Banks, Corona, N. Mex., over U.S. Highway 54, Franklin, Hart, Polk, Paulding, Cobb, serving all intermediate points, (4) be­ MOTOR CARRIER TEMPORARY Fulton, Gwinnett, Barrow, Jackson, tween Carrizozo, N. Mex., and Hondo, AUTHORITY APPLICATIONS Madison, Elbert, Haralson, Carroll, N. Mex., over U.S. Highway 380, serv­ Douglas, De Kalb, Walton, Oconee, ing all intermediate points, (5) between May 5,1966. Clarke, Oglethorpe, Heard, Coweta, Fay­ Alamogordo, N. Mex., and Cloudcroft, The following are notices of filing of ette, Henry, Rock Dale, Newton, Morgan, N. Mex., from Alamogordo, over U.S. applications for temporary authority un­ Greene, Troup, Meriwether, Harris, Tal­ Highway 54 to a junction with New der section 210a(a) of the Interstate bot, Taylor, Chattahoochee, Marion, Mexico Highway 83; thence over N. Mex. Commerce Act provided for under the Stewart, Webster, Schley, Macon, Musco­ Highway 83 to Cloudcroft, and return new rules in Ex Parte No. MC 67 (49 CFR gee, Treutlen, Candler, Bulloch, Effing­ over the same route, serving all inter­ Part 240) published in the F ederal R eg­ ham, Chatham, Bryan, Evans, Liberty, mediate points, for 180 days.( Support­ ister, issue of April 27, 1965, effective Long, McIntosh, Tattnall, Toombs, Mont­ ing shippers: The application is sup­ July 1, 1965. These rules provide that gomery, Wheeler, Telfair, Jeff Davis, ported by statements from 39 shippers, protests to the granting of an applica­ Appling, Wayne, Coffee, Bacon, Berrien, which may be examined here at the tion must be filed with the field official Atkinson, Warej Pierce, Cook, Thomas, Interstate Commerce Commission in named in the F ederal R egister publica­ Brooks, Lowndes, Lanier, Clinch, Echdls, Washington, D.C. Send protests to: tion, within 15 calendar days after the Brantley, and Glynn, Ga.; (b) the coun­ Jerry R. Murphy, District Supervisor, date notice of the filing of the applica­ ties of Lauderdale, Limestone, Madison, Bureau of Operations and Compliance, tion is published in the F ederal R egister. Jackson, Colbert, Lawrence, Morgan, Interstate Commerce Commission, 109 One copy of such protest must be served Marshall, De Kalb, Franklin, Marion, U.S. Courthouse, Albuquerque, N. Mex., on the applicant, or its authorized rep­ Winston, Cullman, Blount, Etowah, 87101. resentative, if any, and the protest must Cherokee, Lamar, Fayette, Walker, Jef­ No. MC 111045 (Sub-No. 53 TA), filed certify that such service has been made. ferson, Saint Clair, Calhoun, Cleburne, May 2, 1966. Applicant: REDWING The protest must be specific as to the Pickens, Tuscaloosa, Shelby, Talladega, CARRIERS, INC., 7809 Palm River Road, service which such protestant can and Bibb, Chilton, Coosa, Clay, Randolph, Post Office Box 426, Tampa, Fla., 33601. will offer, and must consist of a signed Tallapoosa, Chambers, Autauga, Elmore, Applicant’s representative: S. J. Gent- original and six (6 ) copies. Lee, Lowndes, Montgomery, Macon, Rus­ cher (same address as above). Author­ A copy of the application is on file, sell, Bullock, Butler, Crenshaw, Pike, and ity sought to operate as a common car­ and can be examined, at the Office of Barbour, Ala.; (c) the counties of Jasper rier, by motor vehicle, over irregular the Secretary, Interstate Commerce and Beaufort, S.C.; (d) the counties of routes, transporting: Ammonium thio­ Commission, Washington, D.C., and also Jefferson, Madison, Taylor, Hamilton, cyanate liquor, in bulk, in tank vehicles, in the field office to which protests are Sawannee, LaFayette, Columbia, Union, from Le Moyne, Ala., to Cordova and to be transmitted. Baker, Nassau, and Duval, Fla., restricted Lockport, 111.; Hammond and Terre Motor Carriers op P roperty to shipments having a prior or subse­ Haute, Ind.; Clinton and Sioux City, quent movement in containers beyond Iowa; Crystal City and Joplin, Mo.; Ash­ No. MC 89723 (Sub-No. 40 TA), filed said counties, and further restricted to tabula, Lima, Northbend, and South May 2, 1966. Applicant: MISSOURI pickup and delivery service incidental to Point, Ohio; and Nitro and Parkersburg, PACIFIC TRUCK LINES, INC., 210 and in connection with packing, crating, W. Va., for 180 days. Supporting ship­ North 13th Street, St. Louis, Mo., 63103. and containerization, or unpacking, un­ per: Halby Chemical Co., Inc., Terminal Authority sought to operate as a common crating, and decontainerization of such Avenue and Golding Street, Wilmington, carrier, by motor vehicle, over regular shipments over irregular routes, for 180 Del., 19899. Send protests to: Joseph B. routes, transporting: General commodi­ days. Supporting shippers: Van-Pak, Teichert, District Supervisor, Bureau of ties, moving in express service, from Operations and Compliance, Interstate Houston, Tex., to Brownsville, Tex., Inc., 1523 L Street NW., Washington, D.C., 20005; Astron Forwarding Co., Post Commerce Commission, Room 1621, 51 serving the presently authorized inter­ Southwest First Avenue, Miami, Fla., mediate points of Bay City, Vanderbilt, Office Box 161, Oakland, Calif., 94604; 33130. Bloomington, Refugio, Sinton, Odem, Karevan, Inc., 419 Third Avenue, West, No. MC 113908 (Sub-No. 188 TA), filed Kingsville, Bishop,. Raymondville, and Seattle, Wash., 98119; U.S. Van Lines, May 2, 1966. Applicant: ERICKSON Harlingen and the additional point of lnc. , 59642 South U.S. 31, South Bend, TRANSPORT CORPORATION, 706 West Alvin, Tex. (not presently authorized), lnd. , 46614. Send protests to: William Tampa Street, Post Office Box 3180, over applicant’s presently authorized in­ L. Scroggs, District Supervisor, Bureau Springfield, Mo. Authority sought to

„ „ FEDERAL REGISTER, VOL. 31, NO. 90— TUESDAY, MAY 10, 1966 No. 90------5 6884 NOTICES operate as a common carrier, by motor Box 691, Corvallis, Oreg. Applicant’s Supporting shipper: Sessions Oil Co., vehicle, over irregular routes, transport­ representative: John H. Gallagher, Jr. 531 Adams, Afton, Wyo., 83110; Scotts ing : Citrus juice, in bulk, in tank ve­ (same address as above). Authority Chevron Service, 307 Washington, Afton, hicles, from Corona and Ontario, Calif., sought to operate as a common carrier, Wyo., 83110. Send protests to: Paul A. to Glen Roy, Pa., for 180 days. Support­ by motor vehicle, over irregular routes, Naughton, District Supervisor, Bureau of ing shipper: Orange Products Division, transporting: Lumber, from Philomath, Operations and Compliance, Interstate Sunkist Growers, 616 East Sunkist Street, Oreg., to Portland, Oreg., for 150 days. Commerce Commission, D & S Building, Ontario, Calif., 91764, Send protests to: Supporting shipper: Clemens Forest 255 North Center Street, Casper, Wyo., John V. Barry, District Supervisor, Bu­ Products, Inc., Post Office Box 668, 82601. reau of Operations and Compliance, In­ Philomath, Oreg. Send protests to: A. E. By the Commission. terstate Commerce Commission, 1100 Odoms, District Supervisor, Bureau of Federal Office Building, 911 Walnut Operations and Compliance, Interstate [seal]" H. Neil G arson, Street, Kansas City, Mo., 64106. Commerce Commission, 450 Multnomah Secretary. No. MC 116077 (Sub-No. 200 TA), Building, Portland, Oreg., 97204. [F.R. Doc. 66-5068; Filed, May 9, 1966; filed May 2, 1966. Applicant: ROBERT­ No. MC 128138 TA, filed May 2, 1966. 8:47 a.m.] SON TANK LINES, INC., 5700 Polk Applicant: ATLANTIC-PACIFIC PILOT Avenue, Houston, Tex., 77023, Mail: Post AND DRIVE EXCHANGE, INC., 609 Office Box 9527, Houston, Tex., 77011. Sutter Street, San Francisco, Calif., [Notice 1343] Applicant’s representative: J. C. Browder 94102. Applicant’s representative: Ber­ MOTOR CARRIER TRANSFER (same address as above). Authority tram S. Silver, 140 Montgomery Street, PROCEEDINGS sought to operate as a common carrier, San Francisco, Calif., 94104. Authority by motor vehicle, over irregular routes^ sought to operate as a common carrier, May 5, 1966. transporting: Ammonium nitrate, in by motor vehicle, over irregular routes, Synopses of orders entered pursuant bulk, in tank vehicles, from Luling, La. transporting: Motor vehicles including to section 212(b) of the Interstate Com­ to Bridgeport, Tex., for 180 days. Sup­ automobiles and trucks in driveaway merce Act, and rules and regulations porting shipper: Monsanto Co. (Mr. John service, between points in California and prescribed thereunder (49 CFR Part Powell, distribution department), 800 Hawaii, on the one hand, and, points in 179), appear below: North Lindbergh Boulevard, St. Louis, the United States, on the other hand, for As provided in the Commission’s Mo., 63166. Send protests to: John C. 180 days. Supporting shippers: Stone special rules of practice any interested Redus, District Supervisor, Bureau of Rent A Car, 648 Mission Street, San person may file a petition seeking recon­ Operations and Compliance, Interstate Francisco, Calif., 94105; Merrill’s May­ sideration of the following numbered Commerce Commission, Post Office Box flower Moving & Storage, 135 Townsend proceedings within 20 days from the date 61212, Houston, Tex., 77061. Street, San Francisco, Calif.; Universal of publication of this notice. Pursuant No. MC 128076 (Sub-No. 2 TA), filed C.I.T. Finance Corp. of Santa Clara, 3275 to section 17(8) of the Interstate Com­ May 2, 1966. Applicant: PROTECTIVE Stevens Creek Road, Santa Clara, Calif., merce Act, the filing of such a petition SERVICE COMPANY, 725-29 South 95050; Neal McNeil Automobiles, 1361 will postpone the effective date of the Broad Street, Philadelphia, Pa., 19147. Bush Street, San Francisco, Calif., 94109; order in that proceeding pending its Applicant’s representative: Edward D. John E. Goggin Auto Mart, Inc., 1601 disposition. The matters relied upon by Marsh (same address as above). Au­ Franklin Street, San Francisco, Calif.; petitioners must be specified in their peti­ thority sought to operate as a contract Hays Moving & Storage, 2750 Adeline tions with particularity. carrier, by motor vehicle, over irregular Street, Berkeley, Calif.; the Mechanics No. MC-PC-68670. By order of April routes, transporting: Business papers, Bank of Richmond, Calif., 2200 Mac­ 29, 1966, the Transfer Board approved reports, records, and audit and account­ donald Avenue, Richmond, Calif.; Pacific the transfer to DeNagel Bros., Inc., Nor­ ing media of alt kinds (excluding plant Van & Storage Co., Inc., 413 Browning folk, Va., of the operating rights in cer­ removals), between points in Dauphin, Way, South San Francisco, Calif. Send tificates Nos. MC-4920, MC—4920 (Sub- Bucks, and Blair Counties, Pa., and Bal­ protests to: William R. Murdoch, Dis­ No. 6 ) and a portion of the operating timore County, Md., for 150 days. Sup­ trict Supervisor, Bureau of Operations rights in No. MC-4920 (Sub-No. 7), porting shipper: D & H Distributing Co., and Compliance, Interstate Commerce issued January 13,1950 and February 16, Inc., 2525 North Seventh Street, Harris­ Commission, 450 Golden Gate Avenue, 1951, respectively, to C. O. Bell, doing burg, Pa., 17105. Send protests to: Peter Box 36004, San Francisco, Calif., 94102. business as Bell Transfer & Storage, R. Guman, District Supervisor, Bureau No. MC 128139 TA, filed May 2, 1966. Lawton, Okla., authorizing the transpor­ of Operations and Compliance, Interstate Applicant: WILLIAM V. MURPHY, do­ tation of: Household goods, as defined in Commerce Commission, 900 U.S. Cus­ ing business as MERCURY TRANS­ Practices^ of Motor Common Carriers of tomhouse, Philadelphia, Pa., 19106. PORT, Stapleton International Airport, Household Goods, 17 M.C.C. 467, over No. MC 128088 (Sub-No. 1 TA), filed Denver, Colo., 80207. Authority sought irregular routes, between points in Cleve­ May 2, 1966. Applicant: ROBERT to operate as a common carrier, by motor land and McClain Counties, Okla., on the BURLING, Box 397, Chebanse, 111. Ap­ vehicle, over irregular routes, transport­ one hand, and, on the other, points in plicant’s representative: Edward G. ing: General commodities having im­ Arkansas, Kansas, and Texas, between Vogt, City National Bank Building, Kan­ mediately prior or subsequent movement points in Oklahoma, on the one hand, kakee, 111., 60901. Authority sought to by air, between Golden, Colo., and and, on the other, points in Colorado, operate as a contract carrier, by motor Stapleton International Airport, Denver, Kansas, Louisiana, Missouri, and Texas, vehicle, over irregular routes, transport­ Colo., for 180 days. Supporting shipper: between points in Beckham County, ing: Farm machinery, from Dubuque, Adolph Coors Co. and Coors Porcelain Okla., and those within 50 miles of Beck­ Waterloo, and Des Moines, Iowa, and Co., Golden, Colo. Send protests to: ham County, on the one hand, and, on Horicon, Wis., to Kankakee, 111., for 180 Luther H. Oldham, District Supervisor, the other, points in Oklahoma, Texas, days. Supporting shipper: Wheeler Bureau of Operations and Compliance, and New Mexico. Robert J. Gallagher, Tractor & Equipment Co., Inc., Post Of­ Interstate Commerce Commission, 2022 attorney for transferee, 111 State Street, fice Box 62, Route 54 North, Kankakee, Federal Building, Denver, Colo., 80202. Boston, Mass., and Ralph Newcombe, 111., 60901. Send protests to: Charles J. No. MC 128140 TA, filed May 2, 1966. Security Trust Building, Lawton, Okla., Kudelka, District Supervisor, Bureau of Applicant: ARLO MILLER, doing busi­ attorney for transferor. Operations and Compliance, Room 1086, ness as M & N TRUCK LINE, 431 Adams No. MF-FC-68674. By order of April Interstate Commerce Commission, 219 Street, Afton, Wyo., 83110. Authority 29, 1966, the Transfer Board approved South Dearborn Street, U.S. Courthouse sought to operate as a contract carrier, the transfer to DeNagel Bros., Inc., Nor­ and Federal Office Building, Chicago, 111., by motor vehicle, over irregular routes, folk, Va., of a portion of the operating 60604. transporting: Gasoline and fuel oil, in rights in certificate No. MC-14751 (Sub- No. MC 128122 (Sub-No. 1 TA), filed bulk, in tank vehicles, from Woods Cross No. 1) issued June 22, 1944, to Nelson May 2, 1966. Applicant: STATE and Salt Lake City, Utah, to points in Transfer & Storage Co., a corporation, TRANSPORT COMPANY, Post Office Lincoln County, Wyo., for 180 days. Charleston, W. Va., authorizing the

FEDERAL REGISTER, V O L 31, NO. 90— TU ESDAY, MAY 10, 1966 NOTICES 6-885 transportation of: Household goods, as the transfer to Olney Van & Storage, Jersey, New York, Ohio, Pennsylvania, defined in Practices of Motor Common Inc., Norfolk, Va., a portion of the op­ Rhode Island, Virginia, Wisconsin, and Carriers of Household Goods, 17 M.C.C. erating rights in certificate No. MC-14751 the District of Columbia. Restriction: 467, over irregular routes, (1) between (Sub-No. 1) issued June 22, 1944, to Nel­ Except between points in North Carolina points and places in Alabama, Florida, son Transfer & Storage Co., a corpora­ Georgia, North Carolina, South Caro­ tion, Charleston, W. Va., authorizing the and Tennessee, on the one hand, and, on lina, and Tennessee, and (2) between transportation of: Household goods, as the other, points in Kentucky and Dela­ points in North Carolina and Tennessee, defined in Practices of Motor Common ware. Robert J. Gallagher, 111 State on the one hand, and, on the other, points Carriers of Household Goods, 17 M.C.C. Street, Boston, Mass., attorney for trans­ in Kentucky and Delaware. Robert J. 467, over irregular routes, between points feree, and W. T. Brotherton, Jr., 1020 Gallagher, 111 State Street, Boston, and places in Alabama, Florida, Geor­ Kanawha Valley Building, Charleston, Mass., attorney for transferee, and W. T. W. Va., attorney for transferor. Brotherton, Jr., 1020 Kanawha Valley gia, North Carolina, South Carolina, and Building, Charleston, W. Va., attorney Tennessee, on the one hand, and, on the [seal] H. Neil G arson, for transferor. other, points and places in Connecticut, Secretary. No. MC-FC-68675. By order of April Delaware, Illinois, Indiana, Kentucky, [F.R. Doc. 66-5069; Filed, May 9, 1966; 29, 1966 the Transfer Board approved Maryland, Massachusetts, Michigan, New 8:47 a.m.]

FEDERAL REGISTER, VOL. 3 f j NO. 90— TUESDAY, MAY 10, 1966 6886 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— MAY

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during May.

Page 3 CFR 14 CFR Page 32 CFR paee 39 ______— 6582, 6685, 6790 300______6831 P roclamation: 371 a _____ 6567 71____ 6582, 6584, 6791, 6826, 6827, 6864 32A CFR 3 7 19 ______6607 97______6612, 6685, 6828 BDSA (Ch. V I): 3720 _____ 6679 137______6685 BDSAReg. 2____ _— ______6590 151______6686 3731 ______6817 1 3732 _____ 6855 208______6620 33 CFR 223______;____ 6584 E xecutive Order: 207 ______— 6590, 6622, 6867 1 1 2 7 7 _____ 6609 320______6585 208______— 6707 378 _ __ 6621 1 1 2 7 a ____ 6681 35 CFR by EO Proposed R ules: 11017 (Superseded 71—____ 6716, 6717, 6837, 6838, 6873 255______6831 11278)------6681 11069 (Superseded by EO 121______6592 " Û 38 CFR 1127a-) ______6681 15 CFR 2 6770 11218 (Superseded by EO 30—______— 6587 2 1 ______—...... 6771 11278)______6681 373—____ „ — ______6707 P residential Documents Other 374______—— 6707 39 CFR T han P roclamations and Exec- 377—______6707 P roposed R ules: UTivE Orders : 379 ______6709 21_____ 6715 Reorganization Plan No. 2 of 382______- ______6707, 6709 24______i — ______6715 iqrr ______6857 384 ______6709, 6864 41 CFR Page 385 ______6709 6 - 1 ______6622 5 CFR 399______6707, 6709, 6829, 6866 6-2______6623 213______fi7fi9r 6859 772 _ _ 6569 16 CFR 6-3______— 6623 15______- 6866 6-5______6624 6-7—______6624 7 CFR 17 CFR 6-11______6624 ______6569 200_____ 6588 6-30______6624 so ___ _ 6570 240______6705, 6706 6-60______6625 «a ______6629 22-60______6625 718 _ 6859 19 CFR 101-45__ 6831 722------6573,6580, 6859 1 ______6611 724 ______6819 10______—______6769 43 CFR 729 ______6581 P roposed R ules: P ublic Land Orders: 813 6819 1 ____ 6871 3977 (amended by PLO 4000)------6868 815 —— ____—„ 6860 4000______6868 flfia ______6825 20 CFR P roposed R ules: _ 6825 404______6611 3130______6834 909 3160______6836 910— ______6826 21 CFR page 959______6860 121______i______6830 45 CFR 980______6629 ______6581 131______6705 177___ 6591 1098______—- 146c______6830 801______——______6591 1099______6861 191______6622 1427______6861 P roposed R ules: 46 CFR 1434______- 6582 51— ______- 6792P roposed R ules: 1490______6862 510______-____ 6792 24 CFR 512 ______1______6838 Proposed Rules: 200______- 6866 513 ______1_____ 6838 52______6871 58______6715 26 CFR 47 CFR 6871 1 ______6589 0 _—______6627,6831 916______31______6589 965______i.____ 6592 1 ______6831, 6868 1032—______6631 23 CFR 7 3 ______6627,6628,6868 1050_;______6631 0______—_____ 6867 P roposed R ules : 1065______6873 73____ — 6637, 6638, 6792, 6838, 6874 6631 29 CFR 1126______— 548______6769 49 CFR 800______6770 71-79-______6591 8 CFR 95______6832 214______6611 31 CFR 202——______6590 50 CFR 12 CFR 316——______— 683133______6629, 6832, 6869 1 ______6826 332______6686, 6831 60______6833

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