FEDERAL REGISTER V O L U M E 32 N U M B E R 35

Tuesday, February 21, 1967 • Washington, D.C.

Pages 3081-3126

Agencies in this issue—? Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Commerce Department Comptroller of the Currency Consumer and Marketing Service Engineers Corps Equal Employment Opportunity Commission Federal Aviation Agency Federal Communications Commission ' Federal Housing Administration Federal Maritime Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Housing and Urban Development Department Interstate Commerce Commission Land Management Bureau Post Office Department Reclamation Bureau Securities and Exchange Commission Treasury Department Veterans Administration Wage and Hour Division Detailed list o f Contents appears inside. Subscriptions Now Being Accepted

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90th Congress, 1st Session 1967

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERALffiREGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Area Code 202 Phone 963-3261 Arcllfves an4 Records Service, General Services Administration (mail address National OA,ITCO Archives Building, Washington, D.C. 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, U.S. 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 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 boun d). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of esteh month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulations. Contents agricultural stabilization DEFENSE DEPARTMENT FEDERAL HOUSING AND CONSERVATION SERVICE See Engineers Corps. ADMINISTRATION Rules and Regulations ENGINEERS CORPS Rules and Regulations Continental sugar requirements Rules and Regulations Introduction; miscellaneous and area quotas; 1967------3085 Passaic River, N.J.; bridge regu­ amendments..______3092 Sugarcane, Puerto Rico; fair and lations______3096 reasonable prices, 1966-67 crop_ 3086 FEDERAL MARITIME Notices EQUAL EMPLOYMENT Deputy Administrator, State and OPPORTUNITY COMMISSION COMMISSION County Operations; delegation Proposed Rule Making Notices of authority______!------3109 Employer reporting requirements; Agreements filed for approval: extension of time for filing Nedlloyd Lines.______.______3119 AGRICULTURE DEPARTMENT rep ort______3100 United States Lines, Inc., and See Agricultural Stabilization and Nippon Yusen Kaisha______3119 Conservation Service; Consumer FEDERAL AVIATION AGENCY and Marketing Service. Rules and Regulations FEDERAL RESERVE SYSTEM Airworthiness directives; Hartzell ARMY DEPARTMENT Model HC-93Z, HC-B3Z and Notices See Engineers Corps. HC-B3W propellers______3091 First Virginia Corp.; order grant­ Alterations: ing determination______3119 ATOMIC ENERGY COMMISSION Federal airways_i______3091 Rules and Regulations Jet route______3092 FISH AND WILDLIFE SERVICE Restricted area______3092 Licensing of production and utili­ Federal airways; extension______3091 Rules and Regulations zation facilities; elimination of Transition area; designation:___ 3091 Wildlife refuges in Alabama, etc.; statement of reasons for sur­ sport fishing______3097 render of license______3090 Proposed Rule Making Proposed alterations: Notices CIVIL AERONAUTICS BOARD Federal airway______:__3100 Okefenokee Unit; notice Qf public Notices Restricted area (2 documents) _ 3103 hearing; correction______3109 Transition area (2 documents) _ 3101, Hearings, etc.: 3102 Domestic service mail rate in­ Restricted areas: FOOD AND DRUG vestigation ______3111 Proposed designation and al­ VeranAir-Siam Air Co., Ltd__-_3111 teration ______3104 ADMINISTRATION CIVIL SERVICE COMMISSION Proposed redesignation______3103 Rules and Regulations Transition areas; proposed desig­ Trifluralin; tolerances______3092 Rules and Regulations nations (3 documents)______3100, N o tices Employee development; prohibi­ 3101,3102 tion on payment of premium Massengill, S. E.; withdrawal of pay------3085 FEDERAL COMMUNICATIONS approval of application______3110 Excepted service: COMMISSION Neo-decanoic acid; establishment of temporary tolerance.^______3110 Entire executive civil service__ 3085 Proposed Rule Making Health, Education, and Welfare Department______3085 Citizens radio service; type accept­ ance of transmitters used in HEALTH, EDUCATION, AND COMMERCE DEPARTMENT Class B and Class D stations_3105 WELFARE DEPARTMENT Notices Notices Hearings, etc.: See Food and Drug Administra­ Assistant Secretary of Commerce Atsinger, Edward G. H I (2 docu­ tion. for Domestic and International ments)______3111 Business; delegation of au- Carter Broadcasting Corp., and thority..______3110 Metro Group Broadcasting HOUSING AND URBAN Assistant Secretary of Commerce In c.______3112 DEVELOPMENT DEPARTMENT for Science and Technology; Hennig, Norman W ______3113 authority and responsibilities_3110 L & S Broadcasting Co., et al_ 3112 See also Federal Housing Admin­ Secretary of Health, Education, Lamar Life Insurance Co______3112 istration. and Welfare; assignment of Lee Broadcasting Corp., and - Notices functions ______3109 Minnesota-I o w a Television Co______3112 Designations: COMPTROLLER OF THE Norristown Broadcasting Co., Acting Assistant Regional CURRENCY Inc. (W NAR) (2 documents) _ 3114, Administrator for Adminis­ tration, Region IV (Chicago) _ 3111 Rules and Regulations 3115 Shaffer, Russel and Interna­ Acting Assistant Regional Solicitation of proxies; removal of tional Electronic Develop­ Administrator for Adminis­ requirement regarding age of ment Corp______3115 tration, Region V (Fort persons nominated for election- 3090 Sioux Empire Broadcasting Co. Worth) . . . ______3111 (2 documents)______3115, 3117 CONSUMER AND MARKETING Sunset Broadcasting Corp., et INTERIOR DEPARTMENT SERVICE al ^_____ 3117 Unicable Inc., et al______;__ 3117 See Fish and Wildlife Service; Rules and Regulations United Transmission, Inc., et al. Land Management Bureau; Lemons grown in California and (2 documents)______3118 Reclamation Bureau. Arizona; handling limitations. 3090 Video Service Co______3119 (Continued on next page) 3083 3084 CONTENTS

INTERSTATE COMMERCE RECLAMATION BUREAU TREASURY DEPARTMENT COMMISSION Rules and Regulations See also Comptroller of the Cur­ rency. Notices Nevada and California; reclama­ Notices Motor carrier temporary authority tion, Indian reservation and applications___ ;______3121 water storage projects______3098 Administrative Assistant, Cur­ rency Redemption Division; SECURITIES AND EXCHANGE LABOR DEPARTMENT signing of official papers in COMMISSION Office of the Treasurer______3109 See Wage and Hour Division. Notices VETERANS ADMINISTRATION LAND MANAGEMENT BUREAU Hearings, etc.: Rules and Regulations Notices Central Power and Light Co__ 3120 Public Service Company of Loan guaranty; recasting______3096 Grazing regulations; schedule of Oklahom a______.______3120 grazing fees, 1967______3109 Southwestern Electric Power WAGE AND HOUR DIVISION Co ______3121 POST OFFICE DEPARTMENT Proposed Rule Making Special industry committees for Rules and Regulations Puerto Rico; extension of time Nonpostal stamps and bonds; mis- for filing prehearing state­ - cellaneous amendments______3096 ments ------3100

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, 1967, and specifies how they are affected. 5 CFR 14 CFR 38 CFR 213 (2 documents)______3085 39____- ______3091 36______3096 410______— 3085 71 (3 documents) ^______3091 73 ______3092 39 CFR 75______3092 172 ______. - 3096 7 CFR P roposed R u l e s : 811______3085 71 (6 documents)______3100-3102 43 CFR 877______3086 73 (4 documents)______3103, 3104 418 ______3098 910______3090 21 CFR 47 CFR 10 CFR 120______3092 P roposed R u l e s : 2______— ...... ___ 3105 50____ 3090 24 CFR 95______. 3105 12 CFR 200______3092 50 CFR 11— ...... 3090 29 CFR 33 ______3097

P roposed R u l e s : Ch. V______3100 1602______3100 33 CFR 203______3096 3085 Rules and Regulations

(9) One Deputy Assistant Secretary Title 5— ADMINISTRATIVE for International Activities. Title 7— AGRICULTURE PERSONNEL * * * * * Chapter VIII— Agricultural Stabiliza­ (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, tion and C o n se rv a tio n Service 3 CFR, 1954-58 Comp., p. 218) Chapter I— Civil Service Commission (Sugar), Department of Agriculture U n it e d S tates C iv il S erv­ PART 213— EXCEPTED SERVICE ic e Co m m is s io n , SUBCHAPTER B— SUGAR REQUIREMENTS AND Entire Executive Civil Service [ se al] Jam es C. S p r y , QUOTAS Executive Assistant to [Sugar Reg. 811, Amdt. 2] Section 213.3102 is amended to show y the Commissioners. PART 811— CONTINENTAL SUGAR RE­ that during the summer of 1967 posi­ [F.R. Doc. 67-1971; Filed, Feb. 20, 1967; tions at grade GS-2 and below of assist­ 8:49 a.m.] QUIREMENTS AND AREA QUOTAS ants to professional, scientific, and tech­ nical employees are excepted under Requirements and Quotas for 1967 Schedule A when filled by 1967 finalists PART 410— EMPLOYEE Basis and purpose and statement of in certain national science contests un­ DEVELOPMENT bases and considerations. This amend­ der hiring programs approved by the Prohibition on Payment of ment is issued pursuant to the authority Civil Service Commission. Effective on vested in the Secretary of Agriculture by publication in the F ederal R egister, Premium Pay the Sugar Act of 1948, as amended (61 paragraph ty) is added to § 213.3102 as Section 410.602 is amended to add Stat. 922, as amended), hereinafter re­ set out below. Sunday premium pay to the kinds of pre­ ferred to as the "Act”. The purpose of § 213.3102 Entire Executive Civil Serv­ mium pay which generally cannot be this amendment is to permit the impor­ ice. 9 paid during periods of training. Section tation of an additional 100,000 short tons, * * * * * 410.602 is amended as set out below. raw value, of raw sugar from foreign § 410.602 Prohibition on payment o f countries during the second quarter of (y) Position at grade GS-2 and below premium pay. this year. of assistants to scientific, professional, (a) Except as provided by paragraph Sugar is being produced in Puerto Rico and technical employees when filled by (b) of this section, no funds appropriated at a rate slightly below that of a year ago. 1967 finalists in national science con­ or otherwise available to a department This reduces somewhat the quantity of tests under hiring programs approved may be used for the payment of premium domestic raw sugar available to refiners. by the Commission. Appointments un­ pay to an employee engaged in training In addition, Mexican raw sugar and some der this provision may not extend be­ by, in, or through Government facilities of that from Central America is being yond September 30,1967. or non-Government facilities. shipped to the Gulf. This amendment, (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, (b) The following are excepted from by increasing .total imports, will make 3 CFR, 1954—58 Comp., p. 218) the provisions in paragraph (a) of this more sugar available to North of Hat- teras ports. U n ite d S tates C iv il S erv­ section prohibiting the payment of pre­ ic e C o m m is s io n , mium pay; By virtue of the authority vested in the I seal] J am es C. S p r y , (1) An employee given training dur­ Secretary of Agriculture by the Act, Part Executive Assistant to ing a period of duty for which he is al­ 811 of this chapter is hereby amended as the Commissioners. ready receiving premium pay for over­ follows: time, night, holiday, or Sunday work, [F.R. Doc. 67-1970; Filed, Feb. 20, 1967; Paragraph (d) of § 811.53 is amended 8:49 a.m.] except that this exception does not apply by amending subparagraph ( 1), subdi­ to an employee assigned to full-time vision (ii) of subparagraph (2), and training at institutions of higher learn­ subdivisions (i) and (iii) of subpara­ PART 213— EXCEPTED SERVICE ing.- graph (4) and by adding a new subdivi­ (2) An employee given training at sion (v) to subparagraph (4) to read as Department of Health, Education, night because situations which he must follows: and Welfare learn to handle occur only at night; (3) An employee given training on § 811.53 Quotas for foreign eounftarie^. Section 213.3316 is amended to show overtime, on a holiday, or on a Sunday * * * * * that the Schedule C position of Deputy because the costs of the training, pre­ (d) (1) Of the total quotas and pro­ Assistant Secretary for International mium pay included, are less than the rations for foreign countries established Activities is moved from the Office of the costs of the same training confined to in paragraphs (b) and (c) of this sec­ Assistant Secretary for Health and Sci­ regular work hours; and tion, only 2 million short tons, raw value, entific Affairs to the Office of the Assist­ (4) An employee given training during of raw sugar may be authorized for im­ ant Secretary for Education. Effective periods of temporary assignment covered portation from all such foreign countries on publication in the F ederal R egister by § 550.162(c) of this chapter. in accordance with Part 817 of this chap­ «213.3316 is amended by revoking sub- (c) An employee who is excepted un­ ter during the first 6 months of 1967, and paragraph (5) of paragraph (h) and der paragraph (b) of this section is eli­ of such 2 million short tons, raw value, adding a new subparagraph (9) to para­ gible to receive premium pay in accord­ 900,000 short tons, raw value, may be graph (j) as set out below. ance with the pay authorities applicable authorized for importation during the § 213.3316 Department of Health, Edu­ to him. first quarter of the year. cation, and Welfare. (5 TJ.S.C. 4118; E.O. 10800, 24 F.R. 447, 3 (2) * * *

* * * * CFR, 1959 Supp.) (ii) Applications for the importation of sugar during the first quarter received (h) Office of the Assistant Secretary U n ite d S tates C iv il S erv­ on or before December 19, 1966, will be for Health and Scientific Affairs. * * * ic e C o m m is s io n , considered as having been received at the [ s e a l ] J am es C. S p r y , ^5) [Revoked] Executive Assistant to same time. Applications for the impor­ tation of sugar during the second quarter the Commissioners. received on or before January 13. 1967, (J) Office of the Assistant Secretary [F.R. Doc. 67-1972; Filed, Feb. 20, 1967; will be considered as having been re­ for Education. * * * 8:49 a.m.] ceived at the same time. Applications for

FEDERAL REGISTER, V O L 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3086 RULES AND REGULATIONS the importation during the second become effective when published in the (4) “Inferior varieties of sugarcane” quarter of 100,000 short tons, raw value, F ederal R eg ister . means sugarcane of the Saccharum of sugar representing an addition to the Signed at Washington, D.C., this 16th Spontaneum or Saccharum Sinense va­ initial limitation of 1 million short tons, day of February 1967. riety (including sugarcane of the Jap­ raw valué, received on or before Febru­ anese, Uba, Kavangerie, Zuinga, Cale­ ary 27, 1967 will be considered as having Jo h n A. S c h n it t k e r , donia, Cibimbatore 213, and Coimbatore been received at the same time. Acting Secretary. 281 varieties). * * * * * [F.R. Doc. 67-2015; Filed, Feb. 20, 1967; (5) “Yield of raw sugar” means the (4) (i) Allocations of second quarter 8:51 a.m.] yield of raw sugar per 100 pounds of importations among countries will be net sugarcane determined for the sugar yield period in accordance with the made in the following manner within the SUBCHAPTER I— DETERMINATION OF PRICES limits of applications received. Alloca­ formulae set forth in Schedule A set tion among countries of the initial limi­ [Sugar Determination 877.19] forth below. tation of 1 million short tons, raw value, (6) “Net sugarcane” means (i) the PART 877— SUGARCANE; gross weight of the sugarcane delivered shall be made as provided in subdivisions PUERTO RICO (ii) , (iii), and (iv) of this subparagraph. to the mill determined to contain a Allocation among countries of 100,000 Fair and Reasonable Prices for quantity of trash not in excess of 5 percent of the gross weight, or (ii) the short tons, raw value, representing an 1966-67-Crop addition to the initial limitation of 1 gross weight of the sugarcane delivered million short tons, raw value, shall be Pursuant to the provisions of section to the mill less the quantity of trash de­ made as provided in subdivision (v) of 301(c)(2) of the Sugar Act of 1948, as termined to be in excess of 5 percent of this subparagraph. amended (herein referred to as “act” ), such gross weight. after investigation, and due considera­ (7) “Trash’v means green or dried * * * * * tion of evidence presented at the public leaves, sugarcane tops, soil, stones, and (iii) Second priority shall be given to hearing held in San Juan, P.R., on No­ all other extraneous material. countries by making an initial allocation vember 16, 1966, the following determi­ (8) “Area office” means Caribbean under this priority to countries in order of nation is hereby issued: Area Agricultural Stabilization and Con­ size of quota, smallest first, limiting such servation Service Office, Post Office Box initial allocation to any country to the § 877.19 Fair and reasonable prices for 8037, Fernandez Juncos Station, San smaller of 10,000 short tons, raw value, or the 1966—67 crop of Puerto Rican sugarcane. Juan, P.R. 09910. the quantity which would permit the (b) Payment for sugarcane. (1) The country to import in total during the A producer of sugarcane in Puerto payment for net sugarcane delivered by' first half up to 50 percent of the country’s Rico who is also a processor of sugarcane the producer to the processor shall be annual quota. Additional allocations (herein referred to as “processor” ) , shall made either by the delivery to the pro­ under this priority shall be made to those have paid, or contracted to pay, for sug­ ducer of his share of raw sugar or by countries receiving an initial allocation arcane of the 1966-67 crop grown by the payment to the producer of the under this priority of 10,000 short tons, other producers and processed by him, in money value of his share of raw sugar, raw value, which additional allocation accordance with the following require­ whichever method is agreed upon by the to any such country shall be so limited ments: producer and the processor. that the total allocation under subpara­ (a) Definitions. For the purpose of (2) For each 100 pounds of net sugar­ graph (3) of this paragraph, sub­ this section, the term: cane (including inferior varieties of division (ii) of this subparagraph and (1) “ Raw sugar” means raw sugar sugarcane) having a yield of raw sugar this subdivision (iii) during the first half as made converted to 96° basis. of 9 pounds or more, the producer’s share for such country as a percentage of its (2) “Sugar yield period” means any of raw sugar shall be not less than the annual quota will not exceed the per­ period not exceeding one calendar month quantity of raw sugar determined by ap­ centage similiarly calculated for any as may be elected by the processor to plying the following applicable percent­ other such country; and shall be further determine the yield of raw sugar. The age to the yield of raw sugar of the limited so that the total ^quantity which period adopted by the processor shall producer’s net sugarcane: such country may import during the be used uniformly throughout the grind­ Per- first half under subparagraph (3) of ing season. In instances where odd days Pounds of raw sugar per 100 pounds cent- this paragraph, subdivision (ii) of occur because a processor begins or ends oí net sugarcane: age this subparagraph and this subdivision grinding on a day which does not cor­ 9.0 ______63.0 (iii) shall not exceed 50 percent of the respond with the beginning or ending 9 .5 ______63.5 country’s annual quota. 10.0 ______64.0 of the sugar yield period, or grinding 10.5 ______- 64.5 * * . * * * is interrupted because of holidays or for 11.0 ______65.0 (v) The 100,000 short tons, raw value, other reasons, such odd days shall be 11.5 ______„_____ 65.5 shall be prorated among countries that included either in the prior or subsequent 1 2 .0 ______66.0 supply the sugar for which applications sugar yield period, or treated as a sepa­ 12.5 ______66.5 rate sugar yield period. 13.0______67.0 for importation have been made, on the 13.5 and over______67.5 basis of first half importations from such (3) “Price of raw sugar” means the countries as set forth in subparagraph simple average of the daily spot price Intermediate points within the above scale (5) of this paragraph. quotations for sugar deliverable under are to be interpolated to the nearest one- tenth point. * * * * * the New York Coffee and Sugar Ex­ change No. 10 domestic contract (bulk (Secs. 202 and 403; 61 Stat. 924 as amended, (3) For each 100 pounds of net sugar­ 932 as amended; 7 TJ.S.C. 1112 and 1153) sugar) for the period January 1, 1967, cane (including inferior varieties of through December 31, 1967, except that sugarcane) having a yield of raw sugar Effective date. In order to promote if the Director of the Policy and Pro­ of less than 9 pounds, the producer’s orderly marketing, it is essential that all gram Appraisal Division, Agricultural share of raw sugar shall be not less than persons selling and purchasing sugar Stabilization and Conservation Service, the quantity determined by subtracting from foreign countries be able as soon as U.S. Department of Agriculture, Wash­ 3% pounds of raw sugar from the yield possible to make plans based on these ington, D.C. 20250, determines that any of raw sugar of the producer’s net sugar changes in marketing opportunities. such price quotation does not reflect the cane. Therefore, it is hereby determined and true market value of raw sugar because (4) I f settlement with the producer found that compliance with the notice, of inadequate volume or other factors, is made in sugar delivery shall be made, procedure and effective date require­ he may designate the price to be effec­ loaded in the producer’s vehicle, at the ments of 5 U.S.C. 553 is unnecessary, im­ tive under this determination which he mill where the sugar is produced, unless practicable and contrary to the public determines will reflect the true market the producer and processor agree in interest and the amendment herein shall value of raw sugar. writing to delivery at another mill:

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 RULES AND REGULATIONS 3087

Provided, That the processor shall bear resentative of producers or by either of not later than 7 days after grinding com­ any increase in marketing costs resulting such parties to contain trash in excess mences, except that if the Director of from such agreement. of 5 percent, the net weight shall be de­ the Area office determines that the fail­ (5) If settlement with the producer istermined by taking a representative sam­ ure to submit such statement by such made in cash, the processor shall pay to ple of not less than 100 pounds of sugar­ date was unintentional, an extension of the producer the money value of his cane from one or more of the deliveries time may be granted by the Area office. share of raw sugar determined on the deemed to be representative and sep­ (2) If the processor makes settlement basis of the price of raw sugar converted arate therefrom all trash. The weight in cash he shall submit in duplicate to to an f.o.b. mill price by subtracting of trash which is removed from the sam­ the Area office statements verified by a therefrom the admissible deductions for ple of sugarcane shall be expressed as Certified Public Accountant of the gross selling and delivery expenses on raw a percentage of the gross weight of the proceeds from the sales of molasses and sugar in accordance with Schedule B sample. The net weight of the sugar­ the deductions made in determining the set forth below. cane delivery from which the sample was f.o.b. mill price of sugar and the net pro­ (c) Molasses payment. For each ton taken shall be determined by deducting ceeds from molasses. Such statements of net sugarcane delivered the processor from the gross weight of such sugarcane, shall be submitted not later than June shall either deliver to the producer 66 a percentage thereof which represents 1, 1968, except that if the Director of percent of the average production of the excess, if any, of the trash over 5 the Area office determines that the fail­ blackstrap molasses per ton of net sugar­ percent, and the same adjustment as de­ ure to submit such statement by such cane of the 1966-67 crop processed at termined above shall be applied to the date was unintentional, an extension each mill or shall pay to the producer the gross weight of all other deliveries de­ of time may be granted by the Area money value of such Quantity of molas­ livered by that producer during the same office. ses, whichever method is agreed upon day which are estimated to contain trash (h) Subterfuge. The processor shall between the producer and the processor. content reasonably similar to the delivery not reduce the returns to the producer If settlement with the producer is made from which the sample was taken. below those determined in accordance in cash such settlement shall be based (2) With respect to the sample taken with the requirements of this section upon the average gross sales price of as provided in subparagraph ( 1) of this through any subterfuge or device what­ molasses less the admissible deductions paragraph, the processor may make a soever. for selling and delivery expenses in ac­ separate determination of the weight of S t a t e m e n t o f B ases and C onsiderations cordance with Schedule C set forth bel­ soil and stones contained in such sample low. A processor operating more than and may charge the producer 5 cents per (a) General. The foregoing deter­ one mill shall compute the average gross ton of net sugarcane delivered during mination establishes the fair and rea­ proceeds per gallon from the sales of the day which is represented by the sam­ sonable price requirements which must molasses produced at all mills oper­ ple for each 1 percent, fractions in pro­ be met, as one of the conditions for pay­ ated by such processor and shall com­ portion, by which the weight of soil and ment under the act, by a producer who pute the net proceeds per gallon sepa­ stones is in excess of 1 percent of the processes sugarcane of the 1966-67 crop rately for each mill operated by such gross weight of the sample. grown by other producers. processor. If a processor has not sold (e) Sampling charges. The proces­ (b) Requirements of the act. Section 1966-67 crop molasses by the time he is sor may charge the producer 66 percent 301(c) (2) of the act provides as a condi­ required to submit to the Area office a of the actual cost, but not to exceed $2.64, tion for payment, that the producer on statement as required by paragraph for each sample taken to cover the cost the farm who is also directly or indi­ (g) (2) of this section, he shall make a of sampling and measuring the actual rectly a processor of sugarcane, as may provisional molasses payment to pro­ quantity of trash. I f a separate deter­ be determined by the Secretary, shall ducers of not less than 85 percent of the mination is made of the weight of soil and have paid, or contracted to pay under average of the net proceeds per gallon stones, the cost thereof shall be borne either purchase or toll agreements, for realized by all other processors in Puerto by the processor. sugarcane grown by other producers and Rico who made cash settlements for (f) Services and allowances to pro­ processed by him at rates not less than 1966-67 crop molasses, as determined by ducers. (1) When payment is made to those that may be determined by the the Director of the Area office. Final the producer by the delivery of raw sugar, Secretary to be fair and reasonable after settlement with producers shall be made the processor shall store and insure all investigation and due notice and oppor­ promptly after the 1966-67 crop molasses such sugar through December 31, 1967, tunity for public hearing. has been sold, based upon the average and shall bear the costs thereof. (c) 1966-67 price determination^ This gross proceeds therefrom and the proc­ (2) Allowances made to producers by determination continues the provisions essor shall promptly submit to the Area the processor for the 1965-66 crop shall of the 1965-66 crop determination, ex­ office a statement as required by para­ be made for the 1966-67 crop at the rates cept that the price of raw sugar to be graph (g) (2) of this section. which were effective under comparable used in computing settlements with (d) Determination of net sugarcane. conditions in 1965-66; the costs of serv­ producers for sugarcane is the daily (1) The net sugarcane of each producer ices which were borne by the processor spot price quotations for raw sugar de­ (including the processor) which is de­ for the 1965-66 crop shall be borne for the liverable under the New York Coffee livered to the mill each day shall be 1966-67 crop: Provided, That the proces­ and Sugar Exchange No. 10 domestic determined as follows : The processor sor shall not be required to bear the cost contract in place of the No. 7 domestic jointly with a representative designated of ocean transportation of sugarcane: contract; the sugar yield formula to be by the producers or the producer organi­ And provided further, That nothing in used in conjunction with the core sam­ zation in any mill area, shall examine this subparagraph shall be construed as pler method of sampling sugarcane de­ the sugarcane deliveries and estimate prohibiting negotiations between the livered by producers is revised; the de­ whether the deliveries contain a quan­ processer and producer with respect to livery point for the producer’s raw sugar tity of trash (i) not in excess of 5 per­ the amount of allowances to be made to is defined; and the provisional molasses cent of the gross weight, or (ii) in excess the producer, any change to be approved payment to producers is to be not less of 5 percent of the gross weight. In the in writing by the Area office upon a deter­ than 85 percent instead of 75 percent. absence of a producer representative the mination by the Director of the Area of­ A public hearing was held in San Juan, processor shall have full responsibility fice that the change results in allowances P.R., on November 16, 1966, at which for examining such sugarcane deliveries which are fair and reasonable. interested persons were afforded the op­ and for making such estimates. As to (g) Reporting requirements. (1) The portunity to testify with respect to fair the deliveries of sugarcane of any pro­ processor shall submit to the Area of­ and reasonable prices for the 1966-67 ducer which are estimated to contain fice a statement as to whether settle­ crop of sugarcane. A representative of trash not in excess of 5 percent, the gross ment with producers are made in sugar the Puerto Rican Farm Bureau recom­ weight of the sugarcane delivered shall or in cash, together with a statement mended that the producer’s share of also be the net weight. As to the deliv­ as to the sugar yield period which will sugar be increased 1.7 percentage points eries of sugarcane of any producer esti­ be used during the grinding season. at all levels of sugar yields. The wit­ mated by both the processor and the rep- Such information shall be submitted ness stated that the producer’s share of

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3088 RULES AND REGULATIONS sugar decreased from 65.7 percent in Consideration has been given to the may agree to delivery to the producer at 1951 to 64 percent in 1964—a decrease of recommendations made at the public the warehouse of another mill provided 1.7 percentage points. He said that the hearing and to other pertinent informa­ that marketing costs of the producer are continued decrease in the value of the tion. The comparative returns, costs, no higher than would have been incurred producer’s sugarcane was brought about and profits of producing and processing had the sugar been delivered to the pro­ by the continuous deterioration in sugar sugarcane in Puerto Rico, obtained ducer at the mill where processed. yields from cane during the last 8 years, through field survey for recent years The experiments being conducted by which was no fault of the producers; and have been recast in terms of prospective the Agricultural Experiment Station of that therefore producers should not bear price and production conditions for the the University of Puerto Rico to find a all of the burden on such losses. The 1966-67 crop. Analysis of these data reliable statistical method of reducing witness stated that because of the un­ indicates that productivity gains, par­ the frequency of sampling sugarcane to profitability of sugarcane production, ticularly in the production of sugarcane, determine sugar yields have been studied many sugarcane farmers are changing to continue to lag behind those of other with interest. It is hoped that further other use of their land, and as a result domestic areas, and as a result unit costs studies will enable the sugar industry of the mills cannot operate at full capacity. continue to increase. On average, both Puerto Rico to arrive at a method that A representative of the Puerto Rico producing and processing continue to be is more accurate and economical than Sugar Producers Association recom­ unprofitable. A change in the present the present method of sampling each mended that no change be made in the sharing relationship would not benefit delivery of sugarcane. sharing relationship. The witness stated the industry as a whole since it would On the basis of an examination of all that the present sharing relationship was only increase the losses of one group, pertinent factors, the provisions of this established several years ago; that dur­ which in the long term would be harmful determination are deemed to be fair and ing the intervening period there have to the other group. It is recommended reasonable. been increases in the producer’s share of that other means of increasing profits Accordingly, I hereby find and con­ the proceeds through increases in the be sought, such as increasing productiv­ clude that the foregoing determination compensation from the processor to the ity through improving producing, har­ will effectuate the price provisions of the producer for loading and delivering vesting, and hauling methods. Sugar Act of 1948, as amended. sugarcane; and that the processor has On November 21, 1966, the New York (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153; sec. been bearing a greater percentage of the Coffee and Sugar Exchange began trad­ 301, 61 Stat. 929, as amended; 7 U.S.C. 1132) ing in the new No. 10 domestic contract. total cost of producing and processing No te: The recordkeeping and reporting sugarcane. The witness testified that The new contract adds quality standards requirements of these regulations have been one of the opportunities for broad cost to the previous polarization standard. approved by, and subsequent recordkeeping reduction would be in the modification These additional requirements cover and reporting requirements will be subject of the sampling and testing procedures, moisture, ash content, grain size, filter- to, the approval of the Bureau of the Budget ability, and color, for which acceptable in accordance with the Federal Reports Act since the current intricate process results of 1942. in excessive costs to both the producer ranges are provided with a system of and the processor. premiums and discounts for sugar not Effective date. This determination A representative of a processing com­ within the range. The No. 7 domestic shall become effective on publication in pany recommended that a processor contract will be discontinued when the the F ederal R eg ister . existing open positions in the No. 7 fu­ making payment to the producer in sugar Signed at Washington, D.C., on Feb­ tures are liquidated. Accordingly, this ruary 14, 1967. be allowed to make delivery to the pro­ determination provides that the daily ducer at another processor’s warehouse: spot price quotations for sugar deliver­ O r v ille L. F reem an, Provided, That no additional costs would able under the No. 10 domestic contract Secretary. be imposed on the producer as a result, will be the basis for the “price of raw Schedule A and that there would be agreement be­ tween the processor and producer. sugar.” FORMULAE FOR DETERMINING THE “ YIELD OF The Sugar Board of Puerto Rico has RAW SUGAR” FOR EACH PRODUCER A representative of another processor revised the formula for determining the (A ) Where a continuous sample of the stated that over a period of many years yield of raw sugar where the “core sam­ every change made in the fair price de­ crusher juice of the deliveries of sugarcane pler” method of sampling sugarcane by a producer is used., the formula for de­ termination had been in favor of the delivered by producers is used. Since termining the yield of raw sugar shall be: producer; that all of the changes made the formula provided in Schedule A of R = TI(S-0.3B)F by producers to reduce production costs the determination adopted the original have served to increase processor’s where: Sugar Board formula, such formula is R —Yield of raw sugar, 96° basis; costs. He said that the company he revised ^ agree with the revised Sugar S = Polarization of the crusher juice ob­ represented has been forced to close an­ Board formula. tained from the sugarcane of each producer; other of their mills because of the lack The prior determination provided that B = B rix of the crusher juice obtained from of sugarcane. where a processor had not sold his mo­ the sugarcane of each producer; A representative of the Agricultural lasses by the time he is required to sub­ Trash correction factor which varies inversely with the amount of trash con­ Experiment Station of the University mit to the Area office a statement of the of Puerto Rico testified that the sampling tained in the sugarcane of each producer gross proceeds from the sale of molasses, from 1.0 for sugarcane which contains an and testing of every delivery of sugar­ he shall make a provisional payment to amount of trash not in excess of 5 percent cane has become increasingly difficult, producers of not less than 75 percent of of the gross weight of sugarcane to 0.76075 and that a study had been made to deter­ the average of the net proceeds per gal­ for sugarcane which contains an amount mine a simpler and more efficient method lon realized by all other processors in of trash in excess of 30 percent: Provided, which would reduce the frequency of Puerto Rico who made cash settlement That where sugarcane has been subjected sampling in determining sugar yields. for molasses. This determination in­ to a washing process prior to milling, the The witness stated that the sampling amount of trash that is soil shall be ex­ creases the amount of the provisional cluded in determining the correction factor. problem is greatly complicated by the payment from 75 percent to 85 percent / = Inferior sugarcane correction factor large number of producers in Puerto to coincide with a similar revision made which is applied only to inferior varieties of Rico, and recommended the use of a sta­ by the Sugar Board of Puerto Rico. sugarcane of each producer and is deter­ tistical method of reducing sampling, The recommendation of a processor mined as follows: ■/.- which would also improve cane deliveries for clarification of the delivery point for (a) When the purity, P (where P = 1 0 0 S and grinding operations. The witness the producer’s raw sugar has been = B ) , of the crusher juice of sugarcane is outlined the formula used by the Experi­ adopted. When the producer elects equal to 75 or more, the factor 1=0.9; or ment Station in the statistical evalua­ (b) When the purity, P (where P=100S payment by the delivery of his share of = B ), of the crusher juice of such sugarcane tion of the quality of the sugarcane deliv­ raw sugar, delivery is to be made by is less than 75, the factor, 1=0.9—0.02(75 ered to three sugar mills, and stated that loading such sugar into the producer’s —P);' a copy of the study would be made avail­ vehicle at the mill where produced. F = Y ie ld factor which is determined as able to the Department of Agriculture. However, the processor and producer follows:

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 RULES AND REGULATIONS 3089

(a) Determine the “tentative recovery of growers who supplied the barge load of cane (2) If the processor delivers 33 percent or raw sugar,” 96° basis, for each producer de­ in proportion to the tonnage delivered by more of the total quantity of raw sugar livering sugarcane during the settlement each grower. produced by the mill to mainland refiners, period from the product of the formula S c h e d u l e B the allowable per hundredweight selling and delivery expenses to be applied to such total (S-0.3B), the number of hundredweights ADMISSIBLE DEDUCTIONS FOR SELLING AND of net sugarcane, the applicable trash correc­ DELIVERY EXPENSES ON RAW SUGAR quantity shall be the average of the admis­ tion factor, T; and where applicable the in­ sible selling and delivery expenses as ap­ ferior sugarcane correction factor, I; and Admissible deductions for selling and proved by the Director of the Area office for (b) Divide the pounds of raw suga;r 96° delivery expenses on 1966-67 crop raw sugar that quantity of raw sugar produced by basis, produced at the mill during the ap­ are limited to the sum of the following ex­ the mill which was delivered to mainland plicable settlement period by the sum of the penses for each mill operated by a processor, refiners. “tentative recoveries of raw sugar” for all net of any receipts which reduce such The statement as required by paragraph producers to obtain the yield factor, F. expenses; (g) (2) of the determination shall include If part of the sugarcane delivered by pro­ (1) Freight from the mill directly to the the following certification: ducers is subjected to a washing process prior bulk raw sugar loading terminal, including C ertification to milling, the polarization and brix of the the cost of covering cars or trucks where resulting dilute crusher juice of such sugar­ necessary; I, hereby certify that as a result of the cane shall be converted to an undiluted (2) The cost of receiving, handling, and audit performed of the books of Central crusher juice basis by application of dilution loading aboard ship at the bulk terminal at ___!___!______as o f ______the de­ compensation factors (DCF) computed as the rates established by the Puerto Rico ductions as set forth herein are prop­ Public Service Commission and in effect at follows: v erly chargeable as selling and delivery the time the sugar is delivered to the bulk expenses for sugar in accordance with Brix of undiluted crusher juice sugar terminal facility; the determination’ of fair and reason­ sample (3) Ocean freight; Brix DCF — able prices for the 1966-67 crop of Puerto Brix of diluted crusher Juice (4) Unloading at destination; Rican sugarcane. sample (5) Freight demurrage resulting from causes beyond the control of the shipper; Pol of undiluted crusher juice and S c h e d u l e C sample Pol DCF— (6) An allowance of 7.0 cents per hun­ ADMISSIBLE DEDUCTIONS FOR SELLING AND Pol of diluted crusher juice dredweight of 96° raw sugar, in lieu of the DELIVERY EXPENSES FOR MOLASSES sample following expenses; (i) Reclaiming, weighing, and loading at Admissible deductions for selling and de­ A written description of procedures and mill or where stored; livery expenses in connection with the the frequency of sampling sugarcane to be (ii) Shore risk, marine and war risk in­ molasses payment provided in paragraph (c) used in determining DCF factors shall be surance; of the 1966-67 price determination are submitted by the processor to the Area office (lii) Brokerage or commission and ex­ limited to the sum of the following expenses for approval. change; actually incurred at each mill operated by (B) Where the “Core Sampler” method of (iv) Weighing, testing, and sampling at a processor, net of any receipts which reduce sampling sugarcane delivered by producers destination; such expenses; is used the formula for determining the yield (v) All other expenses not itemized herein. (1) Operation of pumps to deliver mo­ of raw sugar shall be: When any of the necessary services in­ lasses from mill tank to shipside or other R=zF(S-0.3(B+0.1fc) ] cluded in items (1), (3), (4), or (5) above delivery point; Where: if: are furnished by the processor, costs incurred (2) Freight incurred or which would have ■R=96° yield % cane. may include for each of the services been incurred on direct shipment from tanks S=Pol % cane. rendered: located at the mill to shipside, or to a water­ B=Brix % cane. (1) Direct and immediate supervisory front tank facility, or to local buyers when /c=Fiber % cane. labor; such molasses is sold on a delivered price F= Factor calculated using the values (2) Maintenance labor and supplies re­ basis; obtained during the liquidation period, quired for the facilities used; (3) Operation of tank barges, tugs, or weighted on the basis of the net weight of (3) Taxes and insurance assessed or other marine equipment used in delivering cane and substituted at the right side of the charged to the processor on such labor and molasses to shipside; following equation : a proportionate share of retirement and (4) Weighing and testing; pension, bonuses, and vacation expenses (5) Wharfage, including charges arising Fs=______| ______properly allocable to such labor; from utilization of waterfront facilities such S-0.3(B+0.1/o) (4) Direct supplies; and as pipelines (including fees paid for right of (5) Depreciation (at rates allowed by the A written description of core sampling pro­ way privileges), pumps, and tanks (a) to taxing authority), property taxes, and prop­ cedures to be used shall be submitted by the store molasses in anticipation of shipment; erty insurance on the facilities used. processor to the Area office for approval. and (b ) to deliver such molasses within the Administrative expenses and interest shall hold of the ship; (C) Where the sugarcane delivered by pro­ be excluded from the computation of costs. (6) Shore risk insurance (limited in cover­ ducers is sampled by hand or machine and In the event that facilities used in providing age from mill to shipside) ; the juice is extracted by a laboratory hand the necessary services are also used for other (7) Freight demurrage resulting from mill, the yield of raw sugar may be deter­ purposes by the processor, only that portion causes beyond the control of the shipper; mined in accordance with the formula pro­ of the maintenance, depreciation, property (8) Brokerage paid to a bona fide broker. vided under either (A ) or (B ) above, subject taxes, and property insurance of such facili­ When any of the necessary services in­ to the written approval of the Area office. A ties properly apportionable to the necessary cluded in items (1) through (8) above are written description of the sampling proce­ service shall be allowed. furnished by the processor, costs incurred dure to be used shall be submitted by the The Director of the Area office may permit may include for each of the services ren­ processor to the Area office for approval. the use of the lowest rate charged by a dered: The sugar yield of sugarcane which is com­ public utility or carrier for comparable serv­ (1) Direct and immediate supervisory mingled while being loaded or transported ice in lieu of the costs incurred by the proc­ labor; from the Island of Vieques to the processor’s essor in furnishing the necessary service in (2) Maintenance labor and supplies re­ mill shall be the total sugar produced from the event that the costs incurred therefor quired for facilities used; the barge load of sugarcane, determined by cannot be accurately determined. applying either formula (A ) or (B ) pre­ In determining the f.o.b. mill price of raw (3) Taxes and insurance assessed or scribed by this Schedule A to the sugarcane sugar sold or processed in Puerto Rico, Charged to the processors on such labor and of each barge load without segregating the equivalent selling and delivery expenses as a proportionate share of retirement and cane of each producer; and the producer’s approved by the Director of the Area office pensions, bonuses, and vacation expenses share of such sugar shall be apportioned on shall be computed as follows: properly allocable to such labor; the basis of the ratio of the net weight of (1) If the processor delivers less than 33 (4) Fuel, energy or direct supplies; and each producer’s sugarcane to the total net percent of the total quantity of raw sugar (5) Depreciation (at rates allowed by the weight of the barge load of sugarcane. The produced by the mill t/o mainland refiners, taxing authorities), property taxes and sugarcane of each grower shall be weighed the allowable per hundredweight selling and property insurance on the facilities used. at scales on the Island of Vieques to deter­ delivery expenses to be applied to such total Administrative expenses and interest shall mine gross weight. The net weight of com­ quantity shall not exceed the average of the be excluded from the computation of costs. mingled cane from the barge load shall be admissible selling and delivery expenses ap­ In the event that facilities used in provid­ determined at the mill in accordance with proved by the Director of the Area office for ing the necessary services are also used for the applicable provisions of this determina­ all 1966-67 crop raw sugar produced in Puerto other purposes by the processor, only that tion, and the differences in gross and net Rico which was delivered to mainland portion of the maintenance, depreciation, weights shall be distributed among the refiners. property taxes, and property insurance of

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 No. 35------2 3090 RULES AND REGULATIONS such facilities, properly apportionable to the § 910.554 Lemon Regulation 254. of the site, and other procedures, to pro­ necessary service, shall be allowed. * * * * * The Director of the Area office, may per­ vide reasonable assurance that the dis­ mit the use of the lowest rate charged by a (b) Order. (1) * * * mantling of the facility and disposal of public utility or carrier for comparable serv­ (i) District 1: 25,110 cartons; the component parts will be performed ice in lieu of the cost incurred by the proc­ (ii) District 2: 158,100 cartons; in accordance with the regulations in essor in furnishing the necessary service (iii) District 3: 63,240 cartons. this chapter and will not be inimical to in the event that the costs incurred therefor ***** the common defense and security or to cannot be accurately determined. the health and safety of. the public. The statement as required by paragraph (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (g)(2) of the determination shall include 601-674) ***** the following certification: (Sec. 161,68 Stat. 948; 42 U.S.C. 2201) Dated: February 15, 1967. C ertification Dated at Washington, D.C., this 10th P a u l A. N ic h o l s o n , day of February 1967. I, hereby certify that, as the result of Deputy Director, Fruit and the audit performed of the books of For the Atomic Energy Commission. C entral______as o f ______Vegetatile Division, Consumer the gross proceeds from the sales of mo­ and Marketing Service. W . B. M cC ool, lasses as herein stated are true and cor­ [F.R. Doc. 67-1942; Piled, Feb. 20, 1967; Secretary. rect and the deductions set forth here­ 8:46 a.m.] [F.R. Doc. 67-1925; Filed, Feb. 20, 1967; in are properly chargeable as selling 8:45 a.m.] and delivery expenses for molasses in accordance with the determination of fair and reasonable prices for the 1966- 67 crop of Puerto Rican sugarcane. Title 10— ATOMIC ENERGY Chapter I— Atomic Energy Title 12— BANKS AND BANKING [P.R. Doc. 67-1943; Piled, Feb. 20, 1967; Commission Chapter I— Bureau of the Comptroller 8:46 a.m.] PART 50— LICENSING OF PRODUC­ of the Currency, Department of TION AND UTILIZATION FACILITIES the Treasury Chapter IX— Consumer and Market­ PART 11— SOLICITATION OF ing Service (Marketing Agreements Elimination of Statement of Reasons PROXIES and O rd e rs; Fruits, Vegetables, for Surrender of License Nuts), Department of Agriculture The Atomic Energy Commission has Removal of Requirement Regarding [Lemon Reg. 254, Arndt. 1] adopted an amendment of § 50.82(a) of Age of P erso n s Nominated for 10 CFR Part 50, “Licensing of Production Election and Utilization Facilities,” which elimi­ PART 910— LEMONS GROWN IN This amendment issued under author­ CALIFORNIA AND ARIZONA nates the requirement of that section that a licensee who proposes to surrender ity of R.S. 324, et seq., as amended; 12 Limitation of Handling his facility license, dismantle the facility, U.S.C. 1 et seq. and Securities Exchange and dispose of its component parts pro­ Act of 1934, as amended (15 U.S.C, 78), Findings. (1) Pursuant to the mar­ vide, in his application to the Commis­ removes the requirement that proxy keting agreement, as amended, and Or-' sion for a surrender, a statement of statements furnished to stockholders of der No. 910, as amended (7 CFR Part reasons. certain national banks state the age of 910), regulating the handling of lemons The general language of § 50.82 fur­ each person nominated for election as a grown in California and Arizona, effec­ nishes sufficient authority to require a director. Since the amendment relieves tive under the applicable provisions of “ statement of reasons” in the unlikely restriction, notice and public procedure the Agricultural Marketing Agreement event that it might be required to protect are found to be unnecessary and con­ Act of 1937, as amended (7 U.S.C. 601- the common defense and security and the trary to public interest. Accordingly, 674), and upon the basis of the recom­ public health and safety. Therefore, this, amendment will become effective mendations and information submitted the requirement of such a statement upon publication. by the Lemon Administrative Committee, from all applicants is unnecessary. Part 11, Chapter I, Title 12 of the Code established under the said amended Because this amendment relates to a of Federal Regulations of the United marketing agreement and order, and minor, nonsubstantive matter, notice of States of America is amended at Sched­ upon other available information, it is proposed rule making and public pro­ ule A, Item 2. Nominees for directors, hereby found that the limitation of han­ cedure thereon are unnecessary, and by deleting the word “age” so that the dling of such lemons, as hereinafter pro­ good cause exists to make the amend­ foregoing Item 2 reads as follows: vided, will tend to effectuate the declared ment effective upon publication in the Item 2. Nominees for directors. $a) If policy of the act. F ederal R eg ister . action is to be taken with respect to the (2) It is hereby further found that it Accordingly, pursuant to the Atomic election of directors, the following informa­ is impracticable and contrary to the pub­ Energy Act of 1954, as amended, and the tion, to the extent practicable, shall be fur­ lic interest to give preliminary notice, Administrative Procedure Act of 1946, as nished with respect to each person nominated engage in public rule-making procedure, for election as a director; such person’s name, amended, the following amendment of 10 present principal occupation or employment and postpone the effective date of this CFR Part 50 is published as a document and the principal office, if any, with the bank amendment until 30 days after publica­ subject to codification to be effective presently held by him. tion hereof in the F ederal R egister (5 upon the date of its publication in the Part 11, Chapter I, Title 12 of the U.S.C. 553 (1966)) because the time in­ F ederal R egister. tervening between the date when infor­ Paragraph (a) of § 50.82 of 10 CFR Code of Federal Regulations of the mation upon which this amendment is Part 50 is amended to read as follows: United States of America is amended at based became available and the time Schedule C, Item 1 by deleting the word when this amendment must become ef­ § 50.82 Applications for termination of “ age” so that the foregoing Item 1 reads fective in order to effectuate the declared licenses. as follows: policy'of the act is insufficient, and this (a) Any licensee may apply to the Item 1. Name and business address of amendment relieves restriction on the Commission for authority to surrender each participant. handling of lemons grown in California a license voluntarily and to dismantle Dated: February 16,1967. and Arizona. the facility and dispose of its component Order, as amended. The provisions in parts. The Commission may require in­ [ s e a l] W il l ia m B. C am p, paragraph (b )(1) (i), (ii), and (iii) of formation, including information as to Comptroller of the Currency. § 910.554 (Lemon Reg. 254, 32 F.R. 2806) proposed procedures for the disposal of [F.R. Doc. 67-1991; Filed, Feb. 20, 1967; are hereby amended to read as follows; radioactive material, decontamination 8:50 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 RULES AND REGULATIONS 3091

Issued in Jamaica, N.Y., on Febru­ 1. In V-47 “ 12 AGL Salem.” is deleted Title 14— AERONAUTICS AND ary 17,1967. and “ 12 AGL Salem; 12 AGL IN T Salem W a y n e H e n d e r sh o t, 027° and Flint, Mich., 118° radials.” is SPACE Acting Director, Eastern Region. substituted therefor. [F.R. Doc. 67-2018; Filed, Feb. 20, 1967; 2. In V-493 “ 12 AGL Carleton, Mich.” Chapter I— Federal Aviation Agency 8:51 a.m.] is deleted and “ 12 AGL Carleton, Mich.; [Docket No. 67-EA-18; Amdt. 39-352] 12 AGL IN T Carleton 327° and Flint, Mich., 202° radials; 12 AGL Flint.” is PART 39— AIRWORTHINESS [Airspace Docket No. 66-SW—25] substituted therefor. DIRECTIVES p a r t 71— designation o f f e d e r a l (Sec. 307(a) of the Federal Aviation Act of Hartzell Model HC-93Z, HC-B3Z AIRWAYS, CONTROLLED AIRSPACE, 1958; 49 U.S.C. 1348) and HC—B3W Propellers AND REPORTING POINTS Issued in Washington, D.C., on Feb­ There have been several failures of the Alteration of Federal Airways ruary 14,1967. Hartzell Model HC-93Z, HC-B3Z and H . B. H e lst r o m ; HC-B3W propellers as installed on the On November 17,1966, a notice of pro­ Chief, Airspace and Air Pratt & Whitney Model R-985 Series posed rule making was published in the Traffic Rules Division. F ederal R egister (31 F.R. 14653) stating engines. [F.R. Doc. 67-1953; Filed, Feb. 20, 1967; The failures have been attributed to that the Federal Aviation Agency was 8:47 a.m.] excessive propeller blade stresses which considering an amendment to Part 71 cause initiation and propagation of of the Federal Aviation Regulations that [Airspace Docket No. 66-CE-90] cracks in the propeller blade shank area. would raise the floor on a segment of V-17 from McAllen, Tex., to Laredo, Tex. The condition is caused by detuning of PART 71— DESIGNATION OF FEDERAL the engine-propeller combination as a Interested persons were afforded an opportunity to comment on the pro­ AIRWAYS, CONTROLLED AIRSPACE, result of wear in the engine crankshaft AND REPORTING POINTS flyweight and flyweight, liners. posed amendment. The Air Transport Association of America offered no ob­ Propellers currently in operation may Designation of Transition Area have developed some damage not visible jection. No other comments were re­ by external inspection which could result ceived. On December 6, 1966, a notice of pro­ in serious propagation of blade cracks if In consideration of the foregoing, posed rule making was published in the the propellers were permitted to operate Part 71 of the Federal Aviation Regula­ F ederal R egister (31 F.R. 15242) stating for entire engine overhaul periods. tions is amended, effective 0001 e.s.t., that the Federal Aviation Agency pro­ As a situation exists which demands April 27, 1967, as hereinafter set forth. posed to designate controlled airspace in immediate adoption of this regulation, it Section 71.123 (32 F.R. 2009) is the Bay City, Mich.,, terminal area. is found that notice and public proce­ amended as follows: Interested persons were afforded an dure hereon are impracticable and good In V-17 all before “ 12 AGL Cotulla, opportunity to participate in the rule cause exists for making this amendment Tex.;” is deleted and “From McAllen, making through submission of com­ effective in less than 30 days. Tex., 29 miles, 12 AGL, 34 miles, 25 MSL, ments. The one comment received was In consideration of the foregoing, and 12 AGL Laredo, Tex.;” is substituted from the Air Transport Association. The pursuant to the authority delegated to therefor. - Association offered no objection to the proposal provided that adequate com­ me by the Administrator (25 F.R. 6489) (Sec. 307(a) of the Federal Aviation Act of §39.13 of Part 39 (14 CFR Part 39), is 1958; 49 U.S.C. 1348) munications exist for the control of IFR hereby amended by adding the following traffic so as not to unduly penalize other new airworthiness directive: Issued in Washington, D.C., on Feb­ airspace movements in the area. The ruary 14,1967. Federal Aviation Agency has determined H ar tze ll P r o p e l l e r s . Applies to Models H C- 93Z30/10152-5ya, HC-B3Z30/10152-51/2, H . B. H e lst r o m , that such adequate communications do HC—B3W30/10152—5%. HC-B3Z30/10160- Chief, Airspace and Air exist. 6, and HC-B3W30/10160-6 propellers in­ Traffic Rules Division. The airport coordinates recited in the stalled on Pratt and Whitney R985 series transition area designation in the notice engines. [F.R. Doc. 67-1930; Filed, Feb. 20, 1967; 8:45 a.m.} of proposed rule making have been Compliance required as indicated: changed slightly in this final rule. Since To prevent propeller blade shank failures accomplish the following: these changes are minor in nature and (a) For blades previously inspected by a [Airspace Docket No. 66-CE-83] impose no additional burden on any person, they are being incorporated in procedure described in paragraph (c ), rein­ p a r t 71— designation o f f e d e r a l spect in accordance with paragraph (c) every the rule without notice and public 200 hours time in service from last inspection. AIRWAYS, CONTROLLED AIRSPACE, procedure. (b) For all other blades: AND REPORTING POINTS In consideration of the foregoing, Part (1) Blades with 300 hours or more time in service, inspect in accordance with paragraph Extension of Federal Airways 71 of the Federal Aviations Regulations (c) within the next 25 hours in service after is amended, effective 0001 e.s.t., April 27, the effective date of this AD and reinspect On December 1, 1966, a notice of pro­ 1967, as hereinafter set forth. every 200 hours time in service from the last posed rule making was published in the In § 71.181 (32 F.R. 2148), the follow­ inspection. F ederal R egister (31 F.R. 15097) stating ing transition area is added: (2) Blades with less than 300 hours time that the Federal Aviation Agency was B a y C i t y , M i c h . in service, inspect in accordance with para­ considering an amendment to Part 71 graph (c) prior to the accumulation of 325 of the Federal Aviation Regulations that That airspace extending upward from 700 hours and reinspect every 200 hours time in would extend VOR Federal airways Nos. feet above the surface within a 5-mile radius service from the last inspection. of the James Clements Municipal Airport (c) Remove blades from propeller and in­ 47 and 493. (latitude 43°32'45" N., longitude 83°53'40" spect each blade in the shank retention area Interested persons were afforded an W.) excluding the portion within the Sag­ for cracks using penetrant inspection method opportunity to participate in the pro­ inaw, Mich., control zone. or equivalent approved by the Chief, Engi­ posed rule making through the submis­ (Sec. 307(a) of the Federal Aviation Act of neering and Manufacturing Branch, Eastern sion of comments. All comments re­ Region. Replace before further flight any 1958; 49 U.S.C. 1348) cracked blade with a new blade or a blade ceived werefavorable. that has been inspected according to this AD. In consideration of the foregoing, Part Issued in Kansas City, Mo., on Febru­ 71 of the Federal Aviation Regulations ary 3, 1967. This amendment shall become effective is amended, effective 0001 e.s.t., April 27, D a n ie l E. B a r r o w , upon publication in the F ederal R egister. 1967, as hereinafter set forth. Acting Director, Central Region. (Sec. 313(a), 601, and 603, Federal Aviation Section 71.123 (32 F.R. 2009) is [F.R. Doc. 67-1954; Filed, Feb. 20, 1967; Act of 1958; 49 U.S.C. 1354(a), 1421, 1423) amended as follows: 8:48 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3092 RULES AND REGULATIONS

[Airspace Docket No. 66-EA-65] (Sec. 307(a) of the Federal Aviation Act of the objections are supported by grounds 1958; 49 US.C. 1348) PART 73— SPECIAL USE AIRSPACE legally sufficient to justify the relief Issued in Washington, D.C., on Febru­ sought. Objections may be accompanied Alteration of Restricted Area ary 14,1967. by a memorandum or brief in support thereof. On November 23, 1966, a notice of pro­ H. B. H e lst r o m , posed rule making was published in the Chief, Airspace and Air Effective date. This order shall be­ Traffic Rules Division. F ederal R egister (31 F.R. 14841) stating come effective on the date of its publi­ that the Federal Aviation Agency was [F.R. Doc. 67-1931; Filed, Feb. 20, 1967; cation in the F ederal R egister. considering an amendment to Part 73 of 8:45 a.m.] (Sec. 408(d) (2), 68 Stat. 512; 21 U.S.C. 346a the Federal Aviation Regulations which (d)(2)) would raise the ceiling of Restricted Area Rr-6501 Underhill, Vt., and designate it Dated: February 13, 1967. as a joint use restricted area. Title 21— FOOD AND DRUGS J. K . K ir k , Interested persons were afforded an Chapter I— Food and Drug Adminis­ Associate Commissioner opportunity to participate in the rule tration, Department of Health, Edu­ for Compliance. making through the submission'of com­ cation, and Welfare [F.R. Doc. 67-1967; Filed, Feb. 20, 1967; ments. The only comment received was 8:48 a.m.] from the Air Transport Association and SUBCHAPTER B— FOOD AND FOOD PRODUCTS they interposed no objection. In consideration of the foregoing, Part PART 120— TOLERANCES AND EX­ 73 of the Federal Aviation Regulations is EMPTIONS FROM T O LER A N C ES Title 24— HOUSING AND HOUSING amended, effective 0001 e.s.t., March 30, FOR PESTICIDE CHEMICALS IN OR 1967, as hereinafter set forth. ON RAW AGRICULTURAL COM­ ' CREDIT Section 73.65 (32 F.R. 2334) R-6501 MODITIES Underhill, Vt., is amended as follows: Chapter II— Federal Housing Admin­ 1. “Designated altitudes. Surface to Trifluralin istration, Department of Housing 4,000 feet MSL” is deleted and “Desig­ and Urban Development nated altitudes. Surface to 13,600 feet A petition (PP 6F0493) was filed with the Food and Drug Adminstration by MSL” is substituted therefore. SUBCHAPTER A— GENERAL 2. Add “ Controlling agency. Federal Elanco Products Co., a Division of Eli Aviation Agency, Burlington» Approach Lilly and Co., 740 South Alabama Street, PART 200— INTRODUCTION Control.” Indianapolis, Ind. 46206, proposing the establishment of a tolerance of 0.05 part Miscellaneous Amendments (Sec. 307(a) of the Federal Aviation Act of lier million for negligible residues of the In Part 200 in the Table of Contents 1958; 49 U.S.C. 1348) herbicide trifluralin in or on sugarbeets. §§ 200.52b, 200.71, 200.74, 200.75, 200.84d, Issued in Washington, D.C., on Febru­ The Secretary of Agriculture has cer­ and 200.84f are deleted, a new § 200.52c ary 14,1967. tified that this herbicide is useful for the is added, and pertinent section headings are amended as follows: W il l ia m E. M o r g an, purposes for which the tolerance is being Acting Director, Air Traffic Service. established. Sec. After consideration of the data sub­ 200.52a Assistant Commissioner for Field [F.R. Doc. 67-1955; Filed, Feb. 20, 1967; Operations and Deputy. 8:48 a.m.] mitted in the petition and other rele­ vant material, it is concluded that the 200.52c Director of the Land Development tolerance established by this order will Division. [Airspace Docket No. 66—WE-60] 200.56 Assistant Commissioner for Home protect the public health. Therefore, by Mortgages and Deputy. PART 75— ESTABLISHMENT OF JET virtue of the authority vested in the 200.57 Assistant Commissioner for Multi- ROUTES Secretary of Health, Education, and Wel­ family Housing and Deputy. fare by the Federal Food, Drug, and Cos­ 200.63 Director of the Architectural Di­ Alteration of Jet Route metic Act (sec. 408(d)(2), 68 Stat. 512; vision and Deputy. 21 U.S.C. 346a(d) (2^ ) and delegated by 200.72 Director of the Management Di­ On November 18, 1966, a notice of pro­ him to the Commissioner of Food and vision and Deputy. 200.73 Director of the Audit Division. posed rule making was published in the Drugs (21 CFR 2.120), Part 120 is 200.97 Assistant Commissioner for Field F ederal R egister (31 F.R. 14688) stating amended by adding the following new Operations and Deputy; Assist­ that the Federal Aviation Agency was section to Subpart C: ant Commissioner for Home considering realignment of Jet Route No. Mortgages and Deputy; Zone 13 between Albuquerque, N. Mex., and § 120.207 Trifluralin; tolerance for Operations Commissioners and Denver, Colo., and extension of Jet Route residues. Deputies; Assistant Commis- No. 104 from Las Vegas, N. Mex., to Den­ A tolerance of 0.05 part per million is' - sioner for Property Improve­ ver, Colo. ment and Deputy; and the established for negligible residues of the Assistant Commissioner for MÜ1- Interested persons were afforded an herbicide trifluralin (a,a,

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 RULES AND REGULATIONS 3093

§ 200.41 Administrative staff. reopening of an expired multifamily § 200.58 Director o f the Rental Housing The principal administrative staff of housing commitment. Division and Deputy. the FHA includes the Deputy Commis­ (e) To take any action authorized to ****** be taken by any office or division within sioner, the Executive Assistant Commis­ (b) To develop and recommend oper­ his jurisdiction. sioner, the General Counsel, and Assist­ ating plans and procedures for the in­ ant Commissioners, whose respective In Part 200 § 200.52b is revoked as surance and servicing of rental project duties and areas of authority are indi­ follows: mortgages, other than urban renewal, cated by their titles. § 200.52b Associate Deputy Commis­ cooperative housing, and rent supple­ Section 200.43 is amended to read as sioner for Management. [Revoked] ment. ***** follows: In Part 200 a new § 200.52c is added to § 200.43 Zone Operations Commission­ read as follows: In § 200.59 paragraph (b) is amended to read as follows: ers. § 200.52c Director of the Land Develop­ The territory served by the Federal ment Division. § 200.59 Director of the Urban Renewal Division and Deputy. Housing Administration is divided into To the position of Director of the Land geographical zones or regions comprised Development Division there is delegated ***** of a group of field insuring offices. Each the following basic authority and func­ (b) To develop and recommend oper­ zone is headed by a Zone Operations tions: To develop and recommend the ating plans and procedures for the in­ Commissioner who is responsible to the policies and establish operating plans surance and servicing of urban renewal Assistant Commissioner for Field Op­ and procedures for the insurance of mortgages and the rent supplement erations for the supervision, direction, mortgages under Title X of the National program, and to coordinate FHA par­ and coordination of all functions and Housing Act, and to direct the operation ticipation in urban renewal and rent responsibilities of the several officers of the land development program. supplement programs. within the regional jurisdiction estab­ ***** lished for the particular zone. In § 200.56 the heading thereof and the introductory text are amended and a new In § 200.60 paragraph (b) is amended Subpart D— Delegations of Basic paragraph (g) is added as follows: to read as follows * Authority and Functions § 200.56 Assist ant Commissioner for § 200.60 Director o f the Cooperative Section 200.51 is amended to read as Home Mortgages and Deputy. Housing Division and Deputy. follows: To the position of Assistant Commis­ * * * * * § 200.51 Acting Commissioner. sioner for Home Mortgages and under his (b) To develop and recommend oper­ general supervision to the position of The Deputy Commissioner, the Execu­ ating plans and procedures for the in­ Deputy Assistant Commissioner for surance and servicing of cooperative tive Assistant Commissioner, the Assist­ Home Mortgages there is delegated the ant Commissioner for Field Operations, housing mortgages and condominium following basic authority and functions: projects mortgages. the General Counsel, the Assistant Com­ * * * * * missioner for Programs, the Assistant * * * 4c 4c Commissioner for Administration, and (g) To review cases relating to expen­ In § 200.62 paragraph (b) is amended the Assistant Commissioner-Comptroller, ditures to correct or compensate for to read as follows : in the order named, are designated by structural defects in houses financed the Assistant Secretary-Commissioner to with insured mortgages and to approve § 200.62 Assistant Commissioner for act in his place and stead in the event of or reject, without referral to the Struc­ Technical Standards and Deputy. his absence or inability to act, having the tural Defects Committee, those requests * * * * * title of “Acting Commissioner” with all for financial assistance which he deter­ (b) To be responsible for coordination the powers, duties, and rights delegated mines do not involve circumstances of and general supervision of the Architec­ to the Assistant Secretary-Commissioner an exceptionally difficult or questionable tural Division, the Appraisal and Mort­ by the Secretary of Housing and Urban nature. gage Risk Division, and the Land Devel­ Development. In § 200.57 the heading thereof, the opment Division, comprising the func­ Section 200.52a is amended to read as introductory text, and paragraphs (b) tions of establishing and maintaining follows: and (c) are amended to read as follows: standards, methods, procedures, and § 200.57 Assistant Commissioner for techniques in the areas of architecture § 200.52a Assistant Commissioner for Multifamily Housing and Deputy. and engineering, construction cost, land Field Operations and Deputy. planning, mortgage credit, valuation, the To the position of Assistant Commis­ To the position of Assistant Commis­ sioner for Multifamily Housing and un­ selection and rating of mortgage risk, the provision of technical advice and guid­ sioner for Field Operations and under der his general supervision to the posi­ his general supervision to the position of tion of Deputy Assistant Commissioner ance in these fields to all organizational elements of the Administration, and the Deputy Assistant Commissioner for Field for Multifamily Housing there is dele­ Operations there is . delegated the fol­ direction of the land development gated the following basic authority and program. lowing basic authority and functions: functions: To act with the Commissioner in ♦ * * * * Section 200.63 is amended to read as the determination of basic policy and to follows: be a member of the Executive Boards (b) To develop and recommend (b) To direct the execution of the in­ policies and establish operating plans § 200.63 Director of the Architectural surance programs of the Federal Hous­ and procedures for the insurance and Division and Deputy. ing Administration in the field and to servicing of multifamily housing mort­ To the position of Director of the Ar­ direct all field operations. gages, urban renewal housing rehabili­ chitectural Division and under his gen­ (c) To be responsible for coordination tation loans, equity investments in multi­ eral supervision to the position of Deputy snd general supervision of the Zone family housing, and the rent supplement Director of the Architectural Division Operations Commissioners. program. there is delegated the following basic (d) To approve or disapprove the non­ (c) To be responsible for coordination authority and functions : collection or refund of fees, to extend and general supervision of the Rental (a) To develop and maintain archi­ he period within which a mortgagee or Housing Division, the Urban Renewal tectural, land planning, and engineering ender is required to take action in order Division, the Cooperative Housing Divi­ standards, techniques, and procedures. to prevent the expiration of a multifam- sion, and the Special Assistants for elderly housing and nursing homes. (b) To provide technical advice and y housing commitment or' in order to guidance to all organizational elements reopen an expired multifamily housing ***** of the administration in the fields of ommitment, and to approve or disap­ In § 200.58 paragraph

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3094 RULES AND REGULATIONS

In § 200.64 paragraphs (a) and (b) are (k) To determine in connection withprovided in the Administrative Expenses amended to read as follows: departmental activities, except those un­ Act. der section 2 of Title I of the National § 200.64 Director of the Appraisal and Section 200.73 is amended to read aSs Housing Act, noncompliance with rules, follows: Mortgage Risk Division and Deputy. regulations, and instructions of the Fed­ * * * * * eral Housing Administration; to refer § 200.73 Director, Audit Division. (a) To develop and maintain stand­ such cases to the Inspection Division, To the position of Director, Audit Di­ ards, procedures, and techniques for the HUD, and to maintain liaison with the vision, there is delegated the following valuation of property, the estimation of Division on the disposition made of such basic authority and functions: construction cost, determination of ac­ cases. (a) To be responsible for a compre­ ceptability of mortgage credit, and for In § 200.69 paragraph (a) is amended hensive audit of mortgagees and finan­ the overall determination of mortgage to read as follows: cial institutions, mortgagors, contractors, risk and the acceptability of mortgage and brokers to provide the Assistant Sec­ risk for insurance. § 200.69 Director of Personnel and retary-Commissioner with continuing (b) To provide technical advice and Deputy. assurance of the soundness and integrity guidance to all organizational elements * * * * * of operations, and conformity with ap­ of the Administration in the fields of (a) To be responsible for the develop­plicable laws, regulations, policies, stand­ valuation, construction cost, mortgage ment, establishment, and operation of ards, and procedures. credit, and risk determination. a comprehensive personnel program , (b) To be responsible for the recom­ In § 200.68 paragraphs (a) and (d) are including employment, selection and mendation of investigation and action by amended and new paragraphs (j) and placement, position classification, em­ responsible authorities in cases of sus­ (k) are added to read as follows: ployee relations, training, and incentive pected violation of contract terms. awards. (c) To be responsible for the review § 200.68 Assistant Commissioner for Ad­ * * * * * and recommendation to the Assistant ministration and Deputy. # # * ♦ * In Part 200 § 200.71 is revoked as Commissioner for Home Mortgages of ap­ follows: proval, disapproval, or cancellation of (a) To be responsible for all personnel approval of financial institutions as ap­ policy, procedures, and activities; or­ § 200.71 Director o f the General Serv­ proved mortgagees and of firms or indi­ ganizational structures and related mat­ ices Division and Deputy. [R e­ viduals as authorized agents for approved ters; all budget activities; audits of voked] mortgagees. mortgagees and financial institutions, In § 200.72 the heading thereof and the (d) To act with the Commissioner and mortgagors, contractors, and brokers introductory text are amended and new under his direction in the determination participating in FHA insurance pro­ paragraphs (g) through (j) are added of basic policy and be a member of the grams; administrative staff planning to read as follows : Executive Board. and coordination of agency operations analysis activities; contracting for the § 200.72 Director of the Management In Part 200 §§ 200.74 and 200.75 are maintenance and operation of acquired Division and Deputy. revoked as follows: properties and for credit reports; man­ To the position of Director of the § 200.74 Auditor and Deputy. [Re­ agement surveys, forms and records Management Division and under his voked] management; coordination and mainte- general supervision to the Deputy Direc­ nancë of the FHA manual, directives, tor of the Management Division, and § 200.75 Director o f the Examination Division and Deputy. [Revoked] and other issuances and instructional with respect to paragraphs (g), (h ), (i), material; planning and liaison with and (j) of this section to the Chief of In § 200.77 paragraph (n) is amended HUD Office of General Services on gen­ the Contracting Section there is dele­ to read as follows : eral services required for the operation gated the following basic authority § 200.77 Assistant Commissioner-Comp­ of the Federal Housing Administration; and functions: troller and Deputy. review of departmental compliance * * * * * cases, referral of such cases to the In­ ***** spection Division, HUD, and liaison with (g) To act for the Assistant Secretary- (n) To keep or cause to be kept under the Inspection Division on the disposi­ Commissioner in the following instances: his direction a seal of the Department of tion of the cases; and to be in charge of (1) In approving the settlement of tort Housing and Urban Development; to cer­ the Personnel Division, the Budget Di­ claims for and against the Assistant tify as to delegations of authority by the vision, the Management Division, the Secretary-Commissioner. Assistant Secretary-Commissioner, and Audit Division, and the Office of Com­ (2) In approving the settlement of as to the truth or accuracy of copies of pliance Coordination. claims not exceeding $6,500 made by em­ original papers or documents in the pos­ ***** ployees for damage or loss of personal session of the FHA; to prepare and exe­ property occurring incident to perform­ cute notarized affidavits for the use of (d) To execute or cause to be executeding Government service. U.S. Attorneys in presenting the fiscal under his direction all contracts for (3) In executing releases or other in­ status of Secretary-held mortgages at goods and services for the repair, con­ struments required in connection with foreclosure trials;, and to maintain the struction, improvement, removal, demo­ the settlement of claims under subpara­ lition or alteration, maintenance, and Archives files of FHA. graphs ( 1) and (2) of this paragraph. * * * * * operation of acquired properties, includ­ (h) To execute or cause to be executed ing properties held by FHA as mortgagee under his direction all contracts for goods In § 200.82 paragraph (h) is amended in possession, and broker management and services for the repair, construction, to read as follows: services in connection with such prop­ improvement, removal, demolition or al­ § 200.82 Reports Officer and Deputy. erties, the publication of notices and teration, maintenance, and operation of ***** advertisements in newspapers magazines, acquired properties, including proper­ and periodicals, and all contracts for ties held by FHA as mortgagee in pos­ (h) To maintain liaison with the Gen­ credit reports. session, and broker management services eral Accounting Office, Treasury Depart­ * * * ‘ * * in connection with such properties, and ment, Bureau of the Budget, and the (j) To make or cause to be madethe publication of notices and advertise­ Secretary of Housing and Urban Devel­ audits of mortgagees, and financial in­ ments in newspapers, magazines, and opment on matters pertaining to finan- stitutions and mortgagors participating periodicals. cial activities, and with the Federal Na­ in the insurance programs of the FHA (i) To execute contracts for credit tional Mortgage Association concerning and audits of the accounts and records reports. the acceptance of debentures in exchange of contractors and brokers, including on­ (j ) To approve for payment travel and for mortgages held by the Secretary oi site examination of fiscal records and other expenses incidental to the transfer Housing and Urban Development. accounts. of an employee to a new duty station, as

FEDERAL REGISTER, VOL. 32, NO. 35—-TUESDAY, FEBRUARY 21, 1967 RULES AND REGULATIONS 3095

In Part 200 § 200.84d is revoked as In § 200.88 paragraph (a) is amended visions of section 204(g) of the National follows: to read as follows: Housing Act, there is delegated the fol­ § 200.84d Multifamily Housing Repre­ § 200.88 Property Disposition Commit­ lowing duties and functions: sentatives. [Revoked] tee. * * * * * In § 200.84e paragraphs (a) and (b) (a) Members. The Property Disposi­ Section 200.103 is amended to read as are amended and a new paragraph (d) tion Committee is comprised of the fol­ follows: is added to read as follows : lowing members: Deputy Commissioner, § 200.103 Division Directors and their Chairman; Assistant Commissioner for superiors; the ' General Counsel; § 200.84e Director, Compliance Coordi­ Field Office Directors, Deputies, and nation. Field Operations; General Counsel; As­ sistant Commissioner for Home Mort­ Assistants, and others. * . * * * * gages; Assistant Commissioner for Multi­ To the position of Assistant Commis­ (a) With respect to departmental family Housing; Assistant Commissioner sioner arid Deputy Assistant Commis­ activities, to determine noncompliance for Technical Standards; Assistant Com­ sioner, Special Assistant and Deputy with statutes, including the criminal missioner for Property Disposition; and Special Assistant, Assistant to the Com­ statutes, rules, regulations, policies, and such other members as the Commis­ missioner, Defense Coordinator, General procedures, and instructions governing sioner shall designate. Counsel and Associate General Counsel, FHA operations and participants in FHA * * * * * Division Director and Deputy Division programs, except section 2 of Title I of In § 200.91 paragraph (a) is amended Director, Zone Operations Commissioner the National Housing Act, and to refer to read as follows: and Deputy Zone Operations Commis­ cases requiring investigation to the In­ sioner, Field Office Director, Deputy Field spection Division, HUD. § 200.91 Operations Analysis Policy Office Director, Assistant Field Office (b) To recommend administrative Committee. Director, there is delegated the duty and action and assure that appropriate and (a) Members. The Operations Anal­ function to certify that official long dis­ timely action is taken, and to maintain ysis Policy Committee is comprised of tance telephone calls made were neces­ liaison, as required, with the Inspection the following members: Deputy Commis­ sary in the interest of the Government, Division, HUD, and central control sioner, Chairman; Executive Assistant pursuant to 31 U.S.C. 680a (section 4 of records on the referral, findings, and dis­ Commissioner; Assistant Commissioner the Act approved May 10, 1939, 53 Stat. position of all compliance cases, except for Field Operations; Assistant Commis­ 738). those relating to section 2 of Title I of sioner for Programs; and Assistant Com­ the National Housing Act. In § 200.106 the heading thereof and missioner for Administration. * * * * * paragraph (a) are amended to read as * * * * * follows: (d) To maintain continuing liaison, as required, with the Inspection Division, In § 200.97 the heading thereof and the § 200.106 Assistant Commissioner for HUD, on Equal Opportunity in Housing introductory text are amended to read Field Operations and Deputy; Zone and Equal Employment Opportunity. as follows: Operations Commissioners; Direc­ § 200.97 Assistant Commissioner for tors, Deputy Directors, Assistant D i­ In Part 200 § 200.84f is revoked as rectors, and Administrative Officers follows: I Field Operations and Deputy; Assist­ ant Commissioner For Home Mort­ and Chief Clerks in FHA Field Of­ § 200.84f Director of Public Informa­ gages; Zone Operations Commission­ fices ; Assistant Commissioner for Ad­ tion. [Revoked] ers and Deputies; Assistant Commis­ ministration; Director of Personnel; and Deputy Director of Personnel. In § 200.85 paragraph (a) is amended sioner for Property Improvement; to read as follows : and the Assistant Commissioner for (a) To the Assistant Commissioner for Multifamily Housing and Deputy and Field Operations; Deputy Assistant Com­ § 200.85 Executive Board. - Division Directors under their super­ missioner for Field Operations; Zone Op­ (a) Members. The committee called vision. erations Commissioners; Directors, Dep­ the Executive Board is comprised of the To the positions of Assistant Commis­ uty Directors, Assistant Directors, Ad­ following members: Assistant Secretary- sioner for Field Operations and his Dep­ ministrative Officers, and Chief Clerks Commissioner, Chairman; Deputy Com­ uty; Zone Operations Commissioner, and in FHA Field Offices; the Assistant Com­ missioner, Vice Chairman; Executive to each of them; and Deputy Zone Opera­ missioner for Administration; the Di­ Assistant Commissioner; Assistant Com­ tions Commissioner, and to each of them ; rector of Personnel; and the Deputy Di­ missioner for Field Operations; General and as they apply to home mortgage in­ rector of Personnel, pursuant to 5 U.S.C. Counsel; Assistant Commissioner for surance operations to the position of As­ 16a, there is delegated the authority to Home Mortgages; Assistant Commis­ sistant Commissioner for Home Mort­ administer the oath required by section sioner for Multifamily Housing; Assist­ gages; and as they apply to property 1757, Revised Statutes, as amended (5 ant Commissioner for Property Im ­ improvement loans under section 2 of provement; Assistant Commissioner for Title I of the National Housing Act to the U.S.C. 16) incident to entrance into the Technical Standards; Assistant Com­ position of Assistant Commissioner for executive branch of the Federal Govern­ missioner for Programs; Assistant Property Improvement, and as they apply ment, or any other oath required by law Commissioner for Administration; As­ to multifamily housing mortgages to the in connection with employment therein, sistant Commissioner-Comptroller; As­ positions of Assistant Commissioner for sistant Commissioner for Property Dis­ such oath to be administered without Multifamily Housing and Deputy, and to charge or fee and to have the same force position; Assistant to the Commissioner, the position of Division Director, and to Intergroup Relations; and Director, each of them under their supervision, ’ and effect as oaths administered by of­ Audit Division. there is delegated the following duties ficers having seals. and functions : * * * * * In § 200.86 paragraph (a) is amended * * * * * (Sec. 2, 48 Stat. 1246, as amended; sec. 211, to read as follows: 52 Stat. 23, as amended; sec. 607, 55 Stat. 61, In § 200.102 the heading thereof and as amended; sec. 712, 62 Stat. 1281, as amend­ § 200.86 Security Committee. the introductory text are amended to ed; sec. 907, 65 Stat. 301, as amended; sec. read as follows: 807, 69 Stat. 651, as amended; 12 U.S.C. 1703, (a) Members. The Security Com­ 1715b, 1742,1747k, 1748f, 1750f) mittee is comprised of the following § 200.102 General Counsel; and Assist­ members: Personnel Security Officer, ant Commissioners. Issued at Washington, D.C., February ^nmi-man; Assistant Commissioner for 15,1967. «ministration, Vice Chairman; and To the position of General Counsel; P h i l i p N . B h o w n s t e in , ^Puty Assistant Commissioner for Field and to the position of Assistant Commis­ Federal Housing Commissioner. Operations. sioner; and to each of them, in addition [F.R. Doc. 67-1952; Filed, Feb. 20, 1967; to the authority granted under the pro­ 8:47 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3096 RULES AND REGULATIONS

such period as will provide a maturity of N o te: The corresponding Postal Manual Title 33— NAVIGATION AND not in excess of 40 years from the date of section is 172.352. the loan; except that the Veterans Ad­ § 172.4 [Amended] NAVIGABLE WATERS ministration may authorize a suspension in the payment of principal and interest II. In § 172.4 United States savings Chapter II— Corps of Engineers, bonds, make the following changes: Department of the Army on, and an additional extension in the maturity of, any such loan for a period A. Paragraph (a) is amended to in­ PART 203— BRIDGE REGULATIONS not to exceed 5 years if it determines clude the $75 denomination Series E that such action is jnecessary to avoid Savings Bond. As so revised paragraph Passaic River, N.J. severe financial hardship. (a) now reads: (a) Availability. The Post Office De­ Pursuant to the provisions of section (72 Stat. 1114; 38 U.S.C. 210) partment acts as agent of the Treasury 5 of the River and Harbor Act of August Department for the sale of Series E U.S. 18, 1894 (28 Stat. 362; 33 U.S.C. 499), This VA Regulation is effective upon publication in the F ederal R egister. savings bonds at post offices in communi­ § 203.225 is hereby amended with respect ties. where no banks sell the bonds or to paragraph (f) by adding a hew sub- Approved: February 15,1967. where there are no other issuing agents paragraph ( 2-a) to govern the opera­ By direction of the Administrator. Savings bonds are available in the fol­ tion of the Erie Lackawanna Railroad lowing denominations: bridge across the Passaic River between [ seal] A. H. M o n k , Newark and West Arlington, N.J., effec­ Acting Deputy Administrator. Denomination Purchase Maturity tive 30 days after publication in the F ed­ [F.R. Doc. 67-1948; Piled, Feb. 20, 1967; price value eral R egister, as follows: 8:47 a.m.] § 203.225 Navigable waters in the State O______$18.75 $25 of New Jersey; bridges where con­ L ______37.50 50 K ______56.25 75 stant attendance o f draw tenders is C______75i 00 100 not required. Title 39— POSTAL SERVICE R ______150.00 200 D— ______375.00 500 ♦ * * * * M ______750.00 1,000 * * * Chapter I— Post Office Department (2-a) Passaic River, Erie Lackawanna PART 172— NONPOSTAL STAMPS N o t e : The corresponding Postal Manual Railroad bridge between Newark and AND BONDS section is 172.41. West Arlington. The draw need not be U.S. Savings Stamps and Bonds B. In paragraph (c) Acceptance of opened for the passage of vessels funds, delete the term “regional control­ throughout the year, between the hours The regulations of the Post Office De­ ler’’ in the fourth sentence and insert of 11 p.m. and 7 a.m., either e.d.s.t. or partment are amended as follows: in lieu thereof the term “postal data e.s.t., whichever is in force. I. In § 172.3 United States savings center.’’ ***** stamps make the following changes: N o te: The corresponding Postal Manual [Regs. Peb. 2, 1967, 1507-32 (Passaic River, Paragraph (c) is amended to prohibit section is 172.43. N.J.)-ENGrCW-ON] (Sec. 5, 28 Stat. 362; 33 furnishing saving stamp albums to busi­ U.S.C. 499) ness concerns, and to include information C. In paragraph (d) (4) (ii), delete the term “ regional controller” in the first K enneth G. W ickh am , about purchasing albums. Paragraph Major General, U.S. Army, (e) (2) is amended to provide for enter­ sentence and insert in lieu thereof the The Adjutant General. ing value of savings stamps in an album term “postal data center.” N o te: The corresponding Postal Manual [F.R. Doc. 67-1929; Piled, Peb. 20, 1967; in the specific space provided, if there is 8:45 a.m.] one. Paragraphs (c) and (e) (2) of section is 172.444b. § 172.3 now read as follows: D. In paragraph (e )(2 ), delete the § 172.3 U.S. savings stamps. zone number in the address and insert ***** the ZIP Code number “ 60605” following Title 38— PENSIONS, BONDSES, (c) Savings-stamp albums. SavingsIllinois. stamps will not be redeemed until stuck N o te: The corresponding Postal Manual AND VETERANS’ RELIEF in an album of the appropriate denomi­ section is 172.45. Chapter I— Veterans Administration nation. Savings-stamp albums for each E. In paragraph (f) Examination of denomination are furnished free by post­ stocks and bonds, delete the term “re­ PART 36— LOAN GUARANTY masters to schools, individuals, and non­ gional controller” from the last sentence, Recasting profit organizations. Postmasters will and insert in lieu thereof the term “postal not furnish business concerns with sav­ data center.” Section 36.4506 is revised to read as ings-stamp albums in any quantity. The follows: N ote : The corresponding Postal Manual 10-cent albums may be purchased from section is 172.46. § 36.4506 Recasting. the Superintendent of Documents, Gov­ ernment Printing Office, Washington, F. Paragraph (h) is amended and re­ In the event of default or to avoid im­ D.C. 20402. The albums sell for 5 cents vised to provide for use of Standard minent default, Veterans Administration per single album or at a special quantity Form 1192 to authorize allotments from may at any time enter into an agreement price of $1.50 for 100 albums. pay for savings bonds or to make changes with the borrower which will permit the in existing authorizations. In addition, latter temporarily to repay his obligation N ote: The corresponding Postal Manual paragraph (h) now includes information on a basis appropriate to his apparent section is 172.33. that all bonds of $50 or higher denomi­ current ability to pay or may enter into * * * * * nations will be given an issue date of an appropriate recasting or extension (e) Redemption from public. * * * the first day of the month in which at agreement: Provided, That no such (2) Cancellation of redeemed stamps.least half of the purchase price is ac­ agreement shall extend the ultimate re­ Postal employees shall enter the value cumulated, regardless of number of de­ payment of a loan beyond the expiration of savings stamps in each album on the ductions necessary to complete full pur­ of 30 years from the date of the loan, or back cover of the album in the space pro­ chase price of bond. 40 years in the case of a loan for the con­ vided, or near the top if no specific space, (h) Payroll savings plan.— (1) Object. struction or improvement of a farm­ and place a clear impression of the post The plan permits employees of the Pos­ house: Provided further, That notwith­ office dating stamp nearby. They shall tal Service to authorize withholding of standing the provisions of this section cancel redeemed stamps promptly after salary deductions for the purchase of the term of loans extended under the acceptance. The stamps shall not be de­ Savings Bonds. The availability of the provisions of section 1820(f) of Title 38, faced or mutilated. payroll savings plan shall be made known United States Code, may be extended for ***** to all employees.

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 RULES AND REGULATIONS 3097

(2) Authorization. Standard Form office of the Regional Director, Bureau (5) Air-thrust boats may be author­ 1192, “U.S. Savings Bonds Authorization of Sport Fisheries and Wildlife, 809 ized only by special permit issued by the jar Purchase and Request for Change Peachtree-Seventh Building, Atlanta, refuge manager. Speedboats and racing shall be used by employees who wish to Ga. 30323. Sport fishing shall be in ac­ craft are prohibited except for official authorize deductions from pay each pay cordance with all applicable State regu­ purposes. period or to authorize any changes de­ lations subject to the following special (6) Persons must follow such routes sired in deductions or bonds. The form conditions; of travel within the area as may be des­ shall be completed in detail by the em­ (1) The sport fishing season on the ignated by posting by the refuge officer- ployee and forwarded by the postmaster refuge extends from the date of this in-charge. To protect Government or other official to the postal data center. publication through November 30, 1967. property or wildlife the refuge officer-in­ The minimum deduction is $3.75 each (2) Fishing is permitted during day­ charge may close any or all of the area. pay day. Larger allotments in multiples light hours only. The provisions of this special regula­ of $1.25 may be made. The provisions of this special regula­ tion supplement the regulations which (3) Issuance of Bond. The postal data tion supplement the regulations which govern fishing on wildlife refuge areas center will issue bond and deliver to pur­ govern fishing on wildlife refuge areas generally which are set forth in Title chaser when deductions are sufficient to generally which are set forth in Title 50, 50, Code of Federal Regulations, Part pay for it. Bonds of the $50 and higher Code of Federal Regulations, Part 33, 33, and are effective to February 22,1968. denominations will be given an issue and are effective through November 30, date of the first day of the month in 1967. F lorida which at least half of the purchase price A rkansas ST. MARKS NATIONAL WILDLIFE REFUGE is accumulated, regardless of the num­ big lake national w ild lif e refuge Sport fishing on the St. Marks Na­ ber of payroll deductions required to Sport fishing on the Big Lake National tional Wildlife Refuge, St. Marks, Fla., complete the full purchase price of the is permitted only on the areas designated bond. Wildlife Refuge, Manila, Ark., is per­ mitted only on the areas designated by by signs as open to fishing. These open (4) Refund of Deductions. The postal areas, comprising 44,000 acres, are de­ data center will refund withheld deduc­ signs as open to fishing. These open areas, comprising 4,000 acres, are de­ lineated on a map available at the refuge tions insufficient to purchase a bond if headquarters and from the office of the the employee is separated from the serv­ lineated on a map available at the refuge headquarters and from the office of the Regional Director, Bureau of Sport Fish­ ice or cancels his withholding authoriza­ eries and Wildlife, 809 Peachtree- tion. Regional Director, Bureau of Sport Fish­ eries and Wildlife, 809 Peachtree-Sev­ Seventh Building, Atlanta, Ga. 30323. Note: The corresponding Postal Manual Sport fishing shall be in accordance with section is 172.48. enth Building, Atlanta, Ga. 30323. Sport fishing shall be in accordance with all all applicable State regulations subject As the foregoing amendments to Part applicable State regulations subject to to the following special conditions: 172 relate to a proprietary function of the following special conditions; (1) The sport fishing season on the the Government public rule making pro­ (1) The sport fishing season on the refuge extends from April 1, 1967, cedures and advanced notice, as well as refuge extends from March 1, 1967, through October 15, 1967, on the St. a delayed effective date are unnecessary through October 31,1967. Marks and Wakulla Units, and from and would be contrary to the public (2) Fishing is permitted during day­ March 1, 1967, through October 15, 1967, interest. /'; light hours only. on certain designated areas of the Pana­ cea Unit north of Highway No. 372. The (5D.S.C. 301, 39 U.S.C. 501) The provisions of this special regu­ lation supplement the regulations which area south of Highway No. 372 on the T im o t h y J. M a y , govern fishing on wildlife refuge areas Panacea Unit will remain open through General Counsel. generally which are set forth in Title 50, December 31,1967. (2) Phishing permitted one-half hour February 16,1967. Code of Federal Regulations, Part 33, before sunrise until one-half hour after [F.R. Doc. 67-1947; Piled, Feb. 20, 1967; and are effective through October 31, 1967. sunset, 7 days a week. 8:47 a.m.] (3) Boats with gasoline engines to 31/2 F lorida hp. and electric motors permitted. LOXAHATCHEE NATIONAL WILDLIFE REFUGE (4) Trotlines as permitted by State Sport fishing on the Loxahatchee Na­ regulations are allowed except that lines Title 50— WILDLIFE AND shall be taken up prior to closing hour of tional Wildlife Refuge, Delray Beach, fishing daily. FISHERIES Fla., is permitted only on the areas des­ ignated by signs as open to fishing. The provisions of this special regula­ Chapter I— Bureau of Sport Fisheries These open areas, comprising 74,492 tion supplement the regulations which govern fishing on wildlife refuge areas and Wildlife, Fish and Wildlife acres, are delineated on a map available at the refuge headquarters and from the generally which are set forth in Title 50, Service, Department of the Interior Code of Federal Regulations, Part 33, and office of the Regional Director, Bureau are effective through December 31,1967. PART 33— SPORT FISHING of Sport Fisheries and Wildlife, 809 Wildlife Refuges in Alabama, Arkan­ Peachtree-Seventh Building, Atlanta, M ississippi Ga. 30323. Sport fishing shall be in NOXUBEE NATIONAL WILDLIFE REFUGE sas, Florida, Mississippi, and Ten­ accordance with all applicable State nessee regulations subject to the following Sport fishing on the Noxubee National The following special regulations are conditions; Wildlife Refuge, Brooksville, Miss., is permited only on the areas designated “ sued and are effective on date of pub­ (1) The sport fishing season on the by signs as open to fishing. These open lication in the F ederal R egister. refuge extends from February 23, 1967, to February 22, 1968. areas, comprising 1,892 acres, are de­ " ^ Special regulations; sport fish­ (2) Fishing is restricted to 1 hour be­ lineated on a map available at the refuge ing; for individual wildlife refuge fore sunrise to 1 hour after sunset. headquarters and from the office of the areas. (3) Boats may enter or leave the ref­ Regional Director, Bureau of Sport Fish­ Alabama uge only at the three public ramps as eries and Wildlife, 809 Peachtree- choctaw national w ild lif e refuge follows: (a) North end of refuge at S-5A Seventh Building, Atlanta, Ga. 30323. landing; (b) headquarters boat ramp; Sport fishing shall be in accordance with Sport fishing on the Choctaw National (c) S-39 boat ramp on south end of all applicable State regulations subject Wildlife Refuge, Jackson, Ala., is per­ refuge. to the following special conditions: mitted only on the areas designated by (4) Method of fishing is with attended (1) The sport fishing season extends Slgns as open to fishing. These open rod and reel and/or pole and line. Trot­ from March 1 through October 31, 1967, Areas are shown on a map available at lines, limb lines, nets, or other set tackle on Ross Branch Reservoir, Bluff and ■ e refuge headquarters and from the prohibited. Loakfoma Lakes, Keaton Tower Pond,

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 No. 35------3 3098 RULES AND REGULATIONS

Parker and Pete Sloughs, Cypress, Jones, generally which are set forth in Title 50, supplies available to the Newlands Proj­ and Octoc Creeks, and Noxubee River. Code of Federal Regulations, Part 33, ect, Nevada, to the Truckee River Storage Road borrow pits and Betts Pond are and are effective until 7 days before Project, Nevada, and to the Washoe open year-round. opening of the 1967 duck season. Project, Califomia-Nevada. He is also (2) A daily permit (50 cents) is re­ W alter A. G resh, required to provide for the construction, quired by the Mississippi State Game Regional Director, Bureau of operation and maintenance of the au­ and Pish Commission to fish in Bluff and Sport Fisheries and WildUfe. thorized facilities and to provide for the Loakfoma Lakes, and tailwaters of the proper management and administration spillways. [F.R. Doc. 67-1937; Filed, Feb. 20, 1967; of such facilities as well as of project (3) Pishing permitted during daylight 8:45 a.m.] lands and services. hours only. (b) Under the Constitution and var­ (4) Snag lines prohibited. ious acts of Congress, the United States The provisions of this special regula­ is trustee for the Indians and in that tion supplement the regulations which Title 43— PUBLIC LANDS: status it is obligated to protect and pré­ govern fishing on wildlife refuge areas servé the rights and interests of the generally which are set forth in Title 50, INTERIOR Pyramid Lake Tribe of Indians in the Code of Federal Regulations, Part 33, Chapter I— Bureau of Reclamation, Truckee River and in Pyramid Lake. and are effective through December 31, This trust responsibility is vested in the 1967. Department of the Interior Secretary of the Interior. It is in the T ennessee PART 418— NEWLANDS RECLAMA­ national interest that the fishery re­ TION PROJECT, NEVADA; TRUCKEE source of Pyramid Lake be restored, that , LAKE ISOM NATIONAL WILDLIFE REFUGE agricultural use be developed, and that RIVER STORAGE PROJECT, NE­ Sport fishing pn the Lake Isom Na­ the water inflow to the Lake be such as tional Wildlife Refuge, Tenn., is per­ VADA; AND WASHOE RECLAMA­ to allow realization of the great poten­ mitted only on the areas designated by TION PROJECT, NEVADA-CALI­ tial thereof, including recreation. The signs as open to fishing. These open FORNIA (TRUCKEE AND CARSON regulations in this part will initiate De­ areas, comprising 750 acres, are delin­ RIVER BASINS, CALIFORNIA-NE- partmental controls, lacking in the past, eated on a map available at the refuge VADA); PYRAMID LAKE INDIAN to limit diversions by TCID from the Truckee River within decreed rights, and headquarters and from the office of the RESERVATION, N E V A D A ; STILL­ Regional Director, Bureau of Sport thereby make additional water available Fisheries and Wildlife, 809 Peachtree- WATER AREA, NEVADA for delivery to Pyramid Lake. Seventh Building, Atlanta, Ga. 30323. A statement of proposed rules and reg­ (c) The Secretary is charged by law Sport fishing shall be in accordance with ulations adopting general operating cri­ with the protection and conservation of all applicable State regulations subject teria and principles relating to the proj­ migratory birds, and with maintaining to the following special conditions: ects and areas noted in the title above the integrity of the refuge system de­ (1) The sport fishing season on the was published in the F ederal R egister veloped pursuant to the Migratory Bird refuge extends from March 16, 1967, (31 F.R. 11314) on August 26, 1966. Treaty Act (16 U.S.C. 703-711), and the through September 30, 1967. Sunrise to Comments received were considered and Migratory Bird Conservation Act (16 sunset. the proposed rules revised accordingly. U.S.C. 715-715r). The lower Carson (2) Boats with outboard motors and Subtitle B of Chapter I of 43 CFR is River Basin is within a major division inboard motors of not more than 6 hp. hereby amended by adding the following of the Pacific Flyway and provides part may be used. new Part 418. These rules are issued to of the refuge system. The provisions of this special regula­ become effective on the date of publica­ (d) The Secretary is charged with the tion supplement the regulations which tion in the F ederal R egister. responsibility of preparing comprehen­ govern fishing on wildlife refuge areas Sec. sive programs for eliminating or reduc­ generally which are set forth in Title 418.1 Statement of considerations leading to ing the pollution of interstate waters and 50, Code of Federal Regulations, Part the proposed adoption of general tributaries thereof and improving the 33, and are effective through September operating criteria an

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 RULES AND REGULATIONS 3099 (g) The rules and regulations in this the guidelines set forth herein for the part are formulated and issued by rea­ piled on a water-year basis extending approval of the Secretary for the co­ from October 1 to September 30. son of the foregoing considerations and ordinated operation and control of the (e) All water passing the gaging sta­ they have been developed within the Truckee and Carson Rivers in regard to tion below Lahontan Dam shall be framework of agreements, decrees, un­ the exercise of water rights of the United derstandings, and obligations of the charged against the District’s yearly sup­ States, so as to (1) comply with all of ply of not more than four hundred and United States or to which the United the terms and provisions of the Truckee six thousand (406,000) acre-feet, except­ States is a party. The rules and regu­ River Decree and the Carson River ing uncontrollable spillage from Lahon­ lations in this part will be revised as ex­ Decree; and (2) maximize the use of the tan Reservoir, and further excepting pre­ perience indicates the need or to conform flows of the Carson River in satisfaction cautionary drawdown of the Reservoir to any agreement reached between the of Truckee-Carson Irrigation District’s to create space for storing flood waters United States and the Truckee-Carson Irrigation District amending the exist­ water entitlement and minimize the di­ from the Carson River basin, provided, ing contract with that District. version of flows of the Truckee River for such drawdown is neither stored down­ District use in order to make available to stream in District facilities nor used by § 418.2 Definitions. Pyramid Lake as much water as possible. the District for irrigation. As used in this part: Any change in subsequent years of the ( f ) The United States may tempo­ (a) “District” means the Truckee-Car­ adopted operating criteria and proce­ rarily store part of the District’s supply son Irrigation District, organized under dures shall be formulated and approved in upstream facilities provided that water Nevada law with its office at Fallon, Nev. in the same manner as set forth above. so stored which is within the District’s (b) “Truckee River Decree” means de­ (b) The departmental representatives entitlement shall be credited to the Dis­ cree entered in the action entitled designated in paragraph (a) of this sec­ trict and shall be released to the District “United States v. Orr Water Ditch Co. et tion shall select a committee of water at its request. At any one time the sum al.,” in the U.S. District Court, Nevada, contractors and users and other directly of the storage in Lahontan Reservoir and Equity No. A-3. affected interests, including the Pyramid the total related creditable storage up­ (c) “Carson River Decree” means or­ Lake Tribe and those using water for stream shall not exceed the present stor­ ders, temporary and final, entered in the fishing, hunting and recreation in both age capacity of Lahontan Reservoir, action entitled “ United States v. Alpine river basins. The departmental repre­ which is here defined as two hundred Land and Reservoir Co. et al.,” in U.S. sentatives shall consult with this advi­ and ninety thousand (290,000) acre-feet, plus, however, in the event of such stor­ District Court, Nevada (Equity No. sory committee in the formulation of the D-183). operating criteria and procedures. age upstream, an additional amount (d) “Contract” means that contract equal to anticipated losses in transmis­ between United States and Truckee- § 418.4 ^ District’s operation o f the irri­ sion downstream to the District. In Carson Irrigation District dated Decem­ gation works. addition the District may store in District reservoirs downstream of Lahontan Res­ ber 18, 1926, as amended. (a) The District’s operation of the ir­ (e) “Irrigation works” means the ervoir a quantity of water presently esti­ rigation works, including the diversion mated to be 35,000 acre-feet. works of the United States constructed of water, shall be in compliance with for the primary purpose of irrigating the (g) Deliveries of water from the all of the terms and provisions of the Truckee Canal into Lahontan Reservoir lands of the Newlands Project within the Truckee River Decree and the Carson boundaries of the District, and including (when water is available and the Dis­ River Decree, the rules and regulations trict is entitled to it) shall be permitted Derby Dam, Lake Tahoe Dam, the in this part, and the operating criteria Truckee canal, Lahontan Dam and Res­ only so long as the total storage credited and procedures adopted by the Secre­ to Lahontan Reservoir in that reservoir ervoir, Carson Diversion Dam, T canal, tary. V canal, and all other canals, turnouts, and in upstream facilities, at any one (b) It is determined that a water sup­ time, is not more than two hundred and pumping plants and works necessary to ply of not more than 406,000 acre-feet irrigate and drain District lands, the op­ ninety thousand (290,000) acre-feet plus from both Truckee and Carson Rivers, if eration of which was transferred to the an amount equal to anticipated losses in available, may be diverted in any year to transmission downstream from storage District pursuant to Article 6 of the con­ tract. irrigate District irrigable lands. reservoir to Lahontan Reservoir. (c) It is further determined in regard (h) Hydropower generation at Lahon­ § 418.3 Procedures for operation, man­ to the operation and control of the tan and V canal power plants shall be agement and control of the Truckee Truckee and Carson Rivers during the incidental only to releases or diversions and Carson Rivers in regard to exer­ water year beginning October 1, 1966, of water for beneficial consumptive uses, cise of water rights o f the United except that power may be generated from States. that 406,000 acre-feet, if available, will be diverted for the District. For future water that would otherwise constitute In order to make the most efficient water years, this quantity may be re­ uncontrollable spill or precautionary use of the available water: duced by determinations about operat­ drawdown. (a) On or before October 1, 1967, the ing criteria and procedures made in § 418.5 Water rights. Regional Director of the Bureau of Rec­ accordance with the standards set forth lamation as chairman, the Area Direc­ in § 418.3(a). The regulations in this part prescribe tor of the Bureau of Indian Affairs, the water uses within existing rights. The (d) The District’s water supply noted regulations in this part do not, in any Regional Director of the Bureau of Sport in paragraphs (b) and (c) of this section .fisheries and Wildlife, the Regional Di­ way, change, amend, modify, abandon, shall be measured at the gaging station diminish, or extend existing rights. rector of the Federal Water Pollution below Lahontan Dam and at diversion wmtrol Administration, the Regional points along the Truckee Canal. Meas­ C h ar les F. L u c e , director of the Bureau of Outdoor Rec- urements shall be made by the District Acting Secretary of the Interior. ilai o ’ and the designee of the Geolog­ through facilities and by methods satis­ F e b r u a r y 13,1967. ical Survey shall recommend operating factory to the Secretary of the Interior cntena and procedures consistent with [F.R. Doc. 67-2050; Filed, Feb. 20, 1967; or his representative and shall be com­ 9:17 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3100 Proposed Rule Making

vention, and hearings (32 F.R. 2953, [1 4 CFR Part 71 ] EQUAL EMPLOYMENT 2954) is extended to March 3, 1967. [Airspace Docket No. 67-OE-2] Signed at Washington, D.C., this 16th OPPORTUNITY COMMISSION day of February 1967. TRANSITION AREA

[ 29 CFR Part 1602 ] W . W illar d W ir t z , Proposed Designation Secretary of Labor. EMPLOYER REPORTING The Federal Aviation Agency is con­ REQUIREMENTS [F.R. Doc. 67-1993; Filed, Feb. 20, 1967; sidering an amendment to Part 71 of the 8:51 a.m.] Federal Aviation Regulations which Extension of Deadline for Filing would designate controlled airspace in Report the Juneau, Wis., terminal area. The Federal Aviation Agency, having Notice is hereby given that the dead­ FEDERAL AVIATION AGENCY completed a comprehensive review of line for filing Employer Information Re­ [ 14 CFR Part 71 1 the terminal airspace structural require­ port EEO-1 (Standard Form 100) has ments in the Juneau, Wis., terminal area been extended from March 31, 1967, to [Airspace Docket No. 67-SO-3 J as a result of the development of a public- April 30, 1967. The payroll period for FEDERAL AIRWAY use instrument approach procedure at which employers may gather and report Proposed Alteration Dodge County Airport, Juneau, Wis., uti­ employment data has also been extended lizing the Juneau, Wis., RBN as a navi­ to include any payroll period in the The Federal Aviation Agency is con­ gational aid, proposes the following air­ month of March 1967. sidering £,n amendment to Part 71 of the space action: Employer Information Report EEO-1 Federal Aviation Regulations that would Designate the Juneau, Wis., transition (Standard Form 1Ô0) is generally re­ lower the floor of V-437 from 4,500 feet area as that airspace extending upward quired of (a) all employers with 100 or MSL to 1,200 feet above the surface be­ from 700 feet above the surface within more employees who are subject to Title tween Savannah, Ga., and Charleston, a 5-mile radius of Dodge County Airport VII of the Civil Rights Act of 1964; (b) S.C. Such action would provide three (latitude 43°25'30" N., longitude 88°41'- all members of Plans for Progress; and additional cardinal altitudes for aircraft 54" W.) and within 2 miles each side (c) all holders of Federal Government en route along this heavily traveled air­ of the 195° bearing from Dodge County contracts and subcontracts who have at way segment. The 4,500 feet MSL floor Airport, extending from the 5-mile ra­ least one contract or subcontract was established to minimize conflict be­ dius area to 8 miles S of the airport. amounting to $50,000 or more, and de­ tween en route traffic and terminal traf­ The proposed transition area will pro­ positories of Federal funds in any fic at MCAS Beaufort, S.C. I f such ac­ vide controlled airspace protection for amount, who have 50 or more employees. tion is taken, use of the additional con­ aircraft arriving and departing Dodge S t e p h e n N . S h u l m a n , trol area would be handled procedurally. County Airport during descent from Chairman, Equal Employment Interested persons may participate in 1,500 to 700 feet above the surface and Opportunity Commission. the proposed rule making by submitting during climb from 700 to 1,200 feet above such written data, views, or arguments the surface. F e b r u a r y 15,1967. as they may desire. Communications The portions of the arrival and de­ should identify the airspace docket num­ E dw ard C. S y l v e s t e r , Jr., parture procedures for Dodge County Director, Office of ber and be submitted in triplicate to the Airport executed at and above 1,500 feet Federal Contract Compliance. Director, Southern Region, Attention; above the surface are contained within Chief, Air Traffic Division, Federal Avia­ presently designated 1,200-foot floor F e b r u a r y 16,1967. tion Agency, Post Office Box 20636, At­ transiton area. E u g e n e F . R o w a n , lanta, Ga. 30320. All communications The floors of the airways which tra­ Administrative Director, received within 45 days after publication verse the transition area proposed herein Plans for Progress. of this notice in the F ederal R egister will automatically coincide with the floor will be considered before action is taken of the transition area. F e b r u a r y 15,1967. on the proposed amendments. The pro­ Since the action proposed herein was [F.R. Doc. 67-1949; Filed, Feb. 20, 1967; posals contained in this notice may be developed to provide controlled airspace 8:47 a.m.] changed in the light of comments re­ for a new approach procedure, no pro­ ceived. cedural changes will be effected by the An official docket will be available for proposal contained herein. examination by interested persons at the Specific details regarding this proposal Federal Aviation Agency, Office of the DEPARTMENT OF LABOR and the approach procedure which it was General Counsel, Attention: Rules Wage and Hour Division developed to protect may be examined by Docket, 800 Independence Avenue SW., contacting the Chief, Standards and Washington, D.C. 20553. An informal [ 29 CFR Ch. V J Airspace Branch, Air Traffic Division, docket also will be available for exami­ Federal Aviation Agency, 601 East 12th SPECIAL INDUSTRY COMMITTEES FOR nation at the office of the Regional Air Street, Kansas_City, Mo. 64106. NEWLY COVERED EMPLOYMENTS Traffic Division Chief. This amendment is proposed under the Interested persons may submit such IN PUERTO RICO authority of section 307(a) of the Fed­ written data, views, or arguments as they may desire. Communications should be Extension of Tim e for Prehearing eral Aviation Act of 1958 (49 U.S.C. 1348). submitted in triplicate to the Director, Statements Industry Committees Central Region, Attention: Chief, Air Nos. NC-7A, B, C, D, and E Issued in Washington, D.C., on Febru­ Traffic Division, Federal Aviation Agency, ary 14,1967. Federal Building^ 601 East 12th Street, The last date for filing prehearing H . B . H e ls t r o m , Kansas City, Mo. 64106. All communi­ 'statements for industry committees Chief, Airspace and Air cations received within 45 days after numbered NC-7A, NC-7B, NC-7C, NC- Traffic Rules Division. publication of this notice in the F ederal 7D, and NC-7E, set at February 24, 1967, [F.R. Doc. 67-1932; Filed, Feb. 20, 1967; R egister will be considered before action in the notice of their appointment, con­ 8:46 a.m.] is taken on the proposed amendment.

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 PROPOSED RULE MAKING 3101

No public hearing is contemplated at this currently with the designation of the and parallel to the 154c radial, clockwise to time, but arrangements for informal con­ proposed transition area. the 329° radial and within a 17-mile radius of Sioux Falls VORTAC, extending from the ferences with Federal Aviation Agency The floor of the airway that traverses 329* radial, clockwise to a line 5 miles south officials may be made by contacting the the transition area proposed herein will of and parallel to the 070° radial; and that Regional Air Traffic Division Chief. Any automatically coincide with the floors airspace extending upward from 1,200 feet data, views, or arguments presented dur­ of the transition area. Since a new ap­ above the surface within a 43-mile radius ing such conferences must also be sub­ proach procedure is to be established, of the Sioux Falls VORTAC bounded on the mitted in writing in accordance with this no procedural changes will be effected in east by a line 5 miles east of and parallel notice in order to become part of the conjunction with the action proposed to the 154° radial, clockwise to a line 6 miles northwest of and parallel to the 231° record for consideration. The proposal herein. - radial, and within a 33-mile radius of the contained in this notice may be changed Specific details concerning the new ap­ Sioux Falls VORTAC, bounded on the north­ in the light of comments received. proach procedure may be examined by west by a line 5 miles southwest of and The public docket will be available for contacting the Chief, Standards and Air­ parallel to the 336° radial, clockwise to a examination by interested.persons in the space Branch, Air Traffic Division, Cen­ line 6 miles south of and parallel to the Office of the Regional Counsel, Federal tral Region, Federal Aviation Agency, 601 070° radial. Aviation Agency, Federal Building, 601 East 12th Street, Kansas City, Mo. 64106. The Federal Aviation Agency, having East 12th Street, Kansas City, Mo. 64106. Interested persons may submit such completed a comprehensive review of This amendment is proposed under the written data, views, or arguments as they the terminal airspace structural require­ authority of section 307 (a) of the Federal may desire. Communications should be ments in the Sioux Falls, S. Dak., ter­ Aviation Act of 1958 (49 U.S.C. 1348). submitted in triplicate to the Director, minal area, which revealed a need for Central Region, Attention: Chief, Air Issued at Kansas City, Mo., on Feb­ revising the designated transition area, Traffic Division, Federal Aviation proposes the following airspace action: ruary 3,1967. Agency, Federal Building, 601 East 12th D aniel E. B arrow, Redesignate the Sioux Falls, S. Dak., Acting Director, Central Region. Street, Kansas City, Mo. 64106. All transition area as that airspace extend­ communications received within 45 days ing upward from 700 feet above the sur­ [F.R. DOC. 67-1956; Filed, Feb. 20, 1967; after publication of this notice in the 8:48 a.m.] face within a 10-mile radius of Sioux F ederal R egister will be considered be­ Falls/Joe Foss Field (latitude 43°34'44" fore action is taken on the proposed N., longitude 96°44'27" W .); within a [ 14 CFR Part 71 1 amendment. No public hearing is con­ 21-mile radius of the Sioux Falls VOR­ templated at this time, but arrangements TAC, extending from a line 5 miles E [Airspace Docket No. 67-CE-3] for informal conferences with Federal of and parallel to the 154° radial, clock­ TRANSITION AREA Aviation Agency officials may be made by wise to the 329° radial, and within a contacting the Regional Air Traffic Divi­ 17-mile radius of the Sioux Falls Proposed Designation sion Chief. Any data, views, or argu­ VORTAC, extending from the 329° ra­ ments presented during such confer­ dial, clockwise to a line 5 miles S of The Federal Aviation Agency is con­ ences must also be submitted in writ­ and parallel to the 070° radial, and that sidering an amendment to Part 71 of the ing in accordance with this notice in or­ airspace extending upward from 1,200 Federal Aviation Regulations which der to become part of the record for feet above the surface within a 43-mile would alter controlled airspace in the consideration. The proposal contained radius of the Sioux Falls VORTAC, ex­ Trenton, Mo., terminal area. in this notice may be changed in the tending from the S edge of V-120 E of The Federal Aviation Agency, having light of comments received. Sioux Falls clockwise to the S edge of completed a comprehensive review of the The public docket will be available for V-120 W of Sioux Falls; and within a terminal airspace structural require­ examination by interested persons in the 33-mile radius Of Sioux Falls VORTAC, ments in the Trenton, Mo., terminal area Office of the Regional Counsel, Federal extending from a line 5 miles SW of and as a result of the planned development Aviation Agency, Federal Building, 601 parallel to the 336° radial, clockwise to a of a public-use instrument approach pro­ East 12th Street, Kansas City, Mo. line 5 miles S of and parallel to the 070° cedine to serve the Trenton, Mo., Munici­ 64106. radial. pal Airport, utilizing the City-owned This amendment is proposed under the The proposed additional transition “MH” facility as a navigational aid, pro­ authority of section 307(a) of the Fed­ area will provide controlled airspace poses the following airspace action: eral Aviation Act of 1958 (49 U.S.C. protection for arriving and departing Designate the Trenton, Mo., transition 1348). aircraft at Joe Foss Field, Sioux Falls, area as that airspace extending upward S. Dak., utilizing specified transition from 700 feet above the surface within Issued at Kansas City, Mo., on Febru­ ary 3,1967. routes to and from jet route J-82. a 5-mile radius of the Trenton, Mo. Mu­ The floors of the airways that tra­ nicipal Airport (latitude 40°05'00" N., D aniel E. B arrow, Acting Director, Central Region. verse the transition area proposed herein longitude 93°35'25" W.) and within 2 will automatically coincide with the miles each side of the 172° bearing from [F.R. Doc. 67-1957; Filed, Feb. 20, 1967; floors of the transition area. Trenton Municipal Airport, extending 8:48 ajn .] No procedural changes will be effected from the 5-mile radius area to 8 miles S in conjunction with the actions proposed of the airport; and that airspace extend­ [ 14 CFR Part 71 1 herein. ing upward from 1,200 feet above the Specific details of this proposal may surface within 5 miles W and 8 miles E [Airspace Docket No. 67-CE-5] be examined by contacting the Chief, of the 172° bearing from Trenton Mu­ TRANSITION AREA Standards and Airspace Branch, Air nicipal Airport, extending from the air­ Traffic Division, Central Region, Fed­ port to 12 miles S of the airport. Proposed Alteration eral Aviation Agency, 601 East 12th The 700-foot floor transition area will Street, Kansas City, Mo. 64106. provide controlled airspace protection for The Federal Aviation Agency is con­ Interested persons may submit such aircraft executing the prescribed in­ sidering an amendment to Part 71 of written data, views, or arguments as they strument approach procedure during the Federal Aviation Regulations which may desire. Communications should be descent from 1,500 to 700 feet above the would alter the controlled airspace in submitted in triplicate to the Director, surface and during climb from 700 to the Sioux Falls, S. Dak., terminal area. Central Region, Attention: Chief, Air 1,200 feet above the surface. The 1,200- The Sioux Falls, S. Dak., transition Traffic Division, Federal Aviation Agency, foot floor transition area will provide air­ area is presently designated as follows: Federal Building, 601 East 12th Street, space protection for that portion of the Kansas City, Mo. 64106. All communica­ instrument approach procedure con­ That airspace extending upward from 700 tions received within 45 days after pub­ feet above the surface within a 10-mile ducted at or above 1,500 feet above the lication of this notice in the F ederal R eg­ surface. radius of Sioux Falls/Joe Foss Field (latitude 43°34'44'' N., longitude 96°44'27" W .), with­ ister will be considered before action is The proposed instrument approach in a 21-mile radius of the Sioux Falls VOR- taken on the proposed amendment. No procedure will be made effective con- TAC, extending from a line 5 miles east of public hearing is contemplated at this

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3102 PROPOSED RULE MAKING

time, but arrangements for informal con­ national Airport (latitude 44°53'08" N., The public docket will be available for ferences with Federal Aviation Agency longitude 93°13'11" W .); within 5 miles examination by interested persons in the officials may be made by contacting the N and 8 miles S of the Flying Cloud, Office of the Regional Counsel, Federal Regional Air Traffic Division Chief. Any Minn., VOR 292° radial, extending from Aviation Agency, Federal Building, 601 data, views, or arguments presented dur­ the 23-mile radius area to 12 miles W of East 12th Street, Kansas„City, Mo. 64106. ing .such conferences must also be sub­ the VOR; and within 5 miles each side of This amendment is proposed under the mitted in writing in accordance with this the St. Paul, Minn., VOR 037° radial, ex­ authority of section 307(a) of the Fed­ notice in order to become part of the tending from the 23-mile radius to 13 eral Aviation Act of 1958 (49 U.S.C. 1348) record for consideration. The proposal miles NE of the VOR; that airspace ex­ contained in this notice may be changed . Issued at Kansas City, Mo., on Feb­ tending upward from 1,200 feet above the ruary 3,1967. in the light of comments received. surface within a 36-mile radius of Min­ The public docket will be available for neapolis-St. Paul International Airport; D a n ie l E. B arrow, examination by interested persons in the within 9 miles SW and 6 miles NE of the Acting Director, Central Region. Office of the Regional Counsel, Federal Farmington, Minn., VOR 297° radial ex­ [F.R. Doc. 67-1959; Filed, Feb. 20, 1967- Aviation Agency, Federal Building, 601 tending from the 36-mile radius area to 8:48 a.m.] East 12th Street, Kansas City, Mo. 64106. 48 miles NW of the VOR; that airspace This amendment is proposed under the W of Farmington, Minn., bounded on the authority of section 307(a) of the Fed­ S by V-26, on the NW by V-148 and on 114 CFR Part 71 ] eral Aviation Act of 1958 (49 U.S.C. the NE by V-171; and that airspace W of [Airspace Docket No. 67-CE-10] 1348). Minneapolis bounded on the N by V-78, Issued at Kansas City, Mo., on Febru­ on the S by V-148 and on the SW by TRANSITION AREA V-171; and that airspace extending up­ ary 6,1967. Proposed Designation D a n ie l E. B a r r o w , ward from 5,000 feet MSL E of Minne­ Acting Director, Central Region. apolis bounded on the SE by V-26, on the The Federal Aviation Agency is con­ SW by V-2N, and on the N by V-78. sidering an amendment to Part 71 of the [F.R. Doc. 67-1958; Filed, Feb. 20, 1967; The proposed transition area will pro­ 8:48 a.m.] Federal Aviation Regulations which vide controlled airspace protection for would designate controlled airspace in aircraft executing random IFR depar­ the Valparaiso, Ind., terminal area. I 14 CFR Part 71 1 tures from Lake Elmo Airport during The Federal Aviation Agency, having climb from 700 to 1,200 feet above the [Airspace Docket No. 67-CE-6] completed a comprehensive review of the surface. It will also provide this protec­ terminal airspace structural require­ TRANSITION AREA tion for the missed approach portion of ments in the Valparaiso, Ind., terminal the new instrument approach procedure area, as a result of the development of a Proposed Alteration for this airport. With the exception of public-use instrument approach proce­ the missed approach portion, the new The Federal Aviation Agency is con­ dure at Porter County Airport, Val­ approach procedure is contained within paraiso, Ind., utilizing an “MH” facility sidering an amendment to Part 71 of the the present Minneapolis, Minn., transi­ Federal Aviation Regulations which located on the Porter County Airport as tion area down to 700 feet above the a navigational aid, proposes the following would alter controlled airspace in the surface. Minneapolis, Minn., terminal area. airspace action: The floors of the airways that traverse Designate the Valparaiso, Ind., tran­ The following controlled airspace is the transition areas proposed herein will presently designated in the Minneapolis, sition area as that airspace extending automatically coincide with the floors of upward from 700 feet above the surface Minn., terminal area: the transition areas. That airspace extending upward from 700 within a 5-mile radius of Porter County Since the action proposed herein was Airport (latitude 41°27'10" N., longitude feet above the surface within a 23-mile radius developed for the protection of a new in­ of Minneapolis-St. Paul International Air­ 87°00'20" W.) and within 2 miles each port (latitude 44°53'08" N., longitude 93°- strument approach procedure, no proce­ side of the 077° bearing from Porter 13'11" W .), and within 5 miles N and 8 miles dural changes will be effected by the County Airport extending from the 5- S of the Flying Cloud, Minn., VOR 292° ra­ proposal. mile radius area to 8 miles E of the dial, extending from the 23-mile radius area Specific details of this proposal and the airport. to 12 miles W of the VOR; and that airspace procedure which it was developed to pro­ The proposed transition area will pro­ extending upward from 1,200 feet above the tect may be examined by contacting the surface within a 36-mile radius of Minne­ vide controlled airspace protection for Chief, Standards and Airspace Branch, aircraft executing the prescribed instru­ apolis-St. Paul International Airport, and Air Traffic Division, Federal Aviation within 9 miles SW and 6 miles NE of the ment approach procedure during descent Farmington, Minn., VOR 297° radial, extend­ Agency, 601 East 12th Street, Kansas from 1,500 to 700 feet above the surface. ing from the 36-mile radius area to 48 miles City, Mo. 64106. It will also provide this protection for NW of the VOR, and that airspace W of Interested persons may submit such aircraft departing Porter County Airport Farmington, Minn., bounded on the S by written data, views, or arguments as they during climb from 700 to 1,200 feet above V—26, on the NW by V-148 and on the NE by may desire. Communications should be the surface.' The portion of the new ap­ V-171; and that airspace W of Minneapolis submitted in triplicate to the Director, proach procedure which will be executed bounded on the N by V-78, on the S by V-148 Central Region, Attention: Chief, Air and on the SW by V—171; and that airspace at and above 1,500 feet above the surface extending upward from 5,000 feet MSL E of Traffic Division, Federal Aviation Agency, is contained within the Chicago, 111., and Minneapolis, bounded on the SE by V-26, Federal Building, 601 East 12th Street, South Bend, Ind., 1,200-foot floor transi­ on the SW by V-2N, and on the N by V-78. Kansas City, Mo. 64106. All communi­ tion area. cations received within 45 days after The Federal Aviation Agency, having The floors of the airways that traverse publication of this notice in the F ederal the transition area proposed herein will completed a comprehensive review of the R egister will be considered before action terminal airspace structural require­ automatically coincide with the floor of is taken on the proposed amendment. the transition area. ments in the Minneapolis, Minn., termi­ No public hearing is contemplated at this nal area as a result of the development Since the action proposed herein was time, but arrangements for informal con­ developed for the protection of a new in­ of an instrument approach procedure for ferences with Federal Aviation Agency strument procedure, no procedural the Lake Elmo Airport, St. Paul, Minn., officials may be made by contacting the changes will be effected in conjunction utilizing the St. Paul TVOR facility as a Regional Air Traffic Division Chief. Any with this proposal. navigational aid, proposes to take the data, views, or arguments presented dur­ following airspace action: Specific details of this proposal and ing such conferences must also be sub­ the approach procedure which it was de­ Redesignate the transition area in the mitted in writing in accordance with this veloped to protect may be examined by Minneapolis, Minn., terminal area as that notice in order to become part of the contacting the Chief, Standards and Air­ airspace extending upward from 700 feet record for consideration. The proposal space Branch, Air Traffic Division, Fed­ above the surface within a 23-mile contained in this notice may be changed eral Aviation Agency, 601 East 12th radius of Minneapolis-St. Paul Inter­ in the light of comments received. Street, Kansas City, Mo. 64106.

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 PROPOSED RULE MAKING 3103

Interested persons may submit such The Federal Aviation Agency has been " 1. Inability to carry out required test­ written data, views, or arguments as they requested by the Department of the ing of ammunition during tiie present may desire. Communications should be Army to change the time of use of Re­ hours of operation. submitted in triplicate to the Director, stricted Area R-3302. The time of use 2. A requirement for Propellant, Central Region, Attn: Chief, Air Traffic of R-3302 is currently 0800 to 2200 c.s.t., Booster and Fuze test firing during dark­ Division, Federal Aviation Agency, Fed­ Monday through Friday. However, the ness that cannot be done within the eral Building, 601 East 12th Street, Kan­ Army has advised that a review of the present time of limitation. sas City, Mo. 64106. All communications activities conducted in R-3302 indicates 3. A programed increase in all types of received within 45 days after publication a requirement for 14 hours per day on a activities. of this notice in the F ederal R egister weekly basis. In view of the foregoing, it is proposed will be considered before action is taken In view of the foregoing, it is pro­ that the Jefferson Proving Ground, Ind., on the proposed amendment. No public posed that R-3302 Savanna, HI., be Restricted Area R-3403, be amended as hearing is contemplated at this time, but amended as follows: follows: arrangements for informal conferences Under time of designation delete “ 0800 In the time of designation delete “ 0800 with Federal Aviation Agency officials to 2200 c.s.t., Monday through Friday.” to 2400 e.s.t.” and substitute therefor may be made by contacting the Regional and substitute therefor “ 0800 to 2200 “ Continuous.” Air Traffic Division Chief. Any data, c.s.t.” This amendment is proposed under views, or arguments presented during This amendment is proposed under the the authority of section 307(a) of the such conferences must also be submitted authority of section 307 (a) of the Federal Federal Aviation Act of 1958 (49 U.S.C. in writing in accordance with this notice Aviation Act of 1958 (49 U.S.C. 1348). 1348). in order to become part of the record for consideration. The proposal contained Issued in Washington, D.C., on Feb­ Issued in Washington, D.C., on Feb­ in this notice may be changed in the ruary 14,1967. ruary 14,1967. light of comments received. H . B . H e ls t r o m , H . B. H e l s t r o m , Chief, Airspace and Air The public docket will be available for Chief, Airspace and Air examination by interested persons in the Traffic Rules Division. Traffic Rules Division. Office of the Regional Counsel, Federal [F.R. Doc. 67-1933; Filed, Feb. 20, 1967; [F.R. Doc. 67-1934; Filed, Feb. 20, 1967; Aviation Agency, Federal Building, 601 8:46 a.m.J 8:46 a.m.] East 12th Street, Kansas City, Mo. 64106. This amendment is proposed under the [ 14 CFR Part 73 1 [ 14 CFR Part 73 ] authority of section 307 (a) of the Federal Aviation Act of 1958 (49 U.S.C. 1348). [Airspace Docket No. 67-CE-9] [Airspace Docket No. 66-SW-59] Issued at Kansas City, Mo., on Febru­ RESTRICTED AREA RESTRICTED AREA ary 3,1967. Proposed Alteration D a n ie l E. B a r r o w , Proposed Redesignation Acting Director, Central Region. The Federal Aviation Agency is con­ The Federal Aviation Agency is con­ [P.R. Doc. 67-1960; Filed, Feb. 20, 1967; sidering an amendment to Part 73 of sidering an amendment to Part 73 of the 8:48 ajn.] the Federal Aviation Regulations which Federal Aviation Regulations that would would increase the time of designation redesignate Restricted Area R-5114 at of Restricted Area R-3403, Jefferson Fort Wingate, N. Mex. [ 14 CFR Part 73 ] Proving Ground, Ind. Interested persons may participate in [Airspace Docket No. 67-CE-8] Interested persons may participate in the proposed rule making by submitting the proposed rule making by submitting such written data, views, or arguments RESTRICTED AREA such written data, views, or arguments as they may desire. Communications as they may desire. Communications should identify the airspace docket num­ Proposed Alteration should identify the airspace docket num­ ber and be submitted in triplicate to the ber and be submitted in triplicate to the The Federal Aviation Agency is con­ Director, Southwest Region, Attention: Director, Central Region, Attention: Chief, Air Traffic Division, Federal Avia­ sidering an amendment to Part 73 of the Chief, Air Traffic Division, Federal Avia­ Federal Aviation Regulations which tion Agency, Post Office Box 1689, Fort tion Agency, Federal Building, 601 East Worth, Tex. 76101. All communications would increase the time of designation 12th Street, Kansas City, Mo. 64106. All of Restricted Area R-3302, Savanna, 111. received within 30 days after publication communications received within 30 days of this notice in the F ederal R egister Interested persons may participate in after publication of this notice in the will be considered before action is taken the proposed rule making by submitting F ederal R egister will be considered on the proposed amendment. The pro­ such written data, views, or arguments before action is taken on the proposed posal contained in this notice may be as they may desire. Communications amendment. The proposal contained in changed in the light of comments should identify the airspace docket num­ this notice may be changed in the light received. ber and be submitted in triplicate to the of comments received. An official docket will be available for Director, Central Region, Attention: An official docket will be available for examination by interested persons at the Chief, Air Traffic Division, Federal Avia­ examination by interested persons at the Federal Aviation Agency, Office of the tion Agency, Federal Building, 601 East Federal Aviation Agency, Office of the General Counsel, Attention: Rules. 12th Street, Kansas City, Mo. 64106. All General Counsel, Attention: Rules Dock­ Docket, 800 Independence Avenue SW., communications received within 30 days et, 800 Independence Avenue SW., Wash­ Washington, D.C. 20553. An informal after publication of this notice in the ington, D.C. 20553. An informal docket docket also will be available for examina­ Federal R egister will be considered be­ also will be available for examination at tion at the office of the Regional Air Traf­ fore action is taken on the proposed the office of the Regional Air Traffic fic Division Chief. fi^endlrfent. The proposal contained in Division Chief. The U.S. Air Force has requested a re­ this notice may be changed in the light The Federal Aviation Agency has un­ of comments received. designation of R-5114 to accommodate der consideration a request by the De­ the firing of a two-stage missile known An official docket will be available for partment of the Army to extend the time as the Ballistic Missile Target System examination by interested persons at the of use of Jefferson Proving Ground, Ind., (BMTS) and the continuation of the Federal Aviation Agency,- Office of the Restricted Area Rr-3403 to “Continu­ Pershing Missile Program. The BMTS general Counsel, Attention: Rules ous.” The Army states they are unable Program is a classified project, however, Jacket, 800 Independence Avenue SW., to fully accomplish their mission within an unclassified portion of the program Washington, D.C. 20553. An informal the presently designated time of “ 0800 oocket also will be available for examina- is to more clearly define the flight safety to 240p e.s.t.” The requirement for in­ measures that may be required for off- 'rv?i*atJ'he offlce ° f the Regional Air creased time of operation is based on the 1 raffle Division Chief. range firings. At the present time, the following: Air Force proposes to conduct firings

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3104 PROPOSED RULE MAKING of the Ballistic Missile Target System General Counsel, Attention: Rules ects. The Navy predicts that the present from R-5114 during the months of May, Docket, 800 Independence Avenue SW., volume of 250 annual operations will in­ June, and July 1967. It is proposed to Washington, D.C. An informal docket crease to 1600 annually by 1970 and be launch approximately 12 missiles during also will be available for examination at further augmented by activities involving these months. Several nighttime the office of the Regional Air Traffic Divi­ the underwater test range. The over-all launches are anticipated. In addition, sion Chief. operations will consist of research and occasional Pershing Missile launches will The Department of the Navy has re­ development projects, training exercises, be conducted within this time frame. quested the establishment of additional operational readiness inspections and The overall project is similar in nature restricted airspace which would result in equipment testing. to the project for which R-5114 was orig­ the designation of a new Restricted Area The altered R-3101 and the new R- inally designated. The restricted area R-3120, PMRFAC Five, Hawaii and the 3120, as proposed, will be joint use re­ would be joint use airspace and proce­ alteration of R-310I Bonham, Hawaii. stricted areas and will be released for dures for handling air traffic would be Geographically, the new and altered re­ public use when not in use for the pur­ continued, as in the past designations of stricted areas include the existing R-3101 pose designated. R-5114, by the Albuquerque, N. Mex., plus that additional area between the If these actions are taken: Center. I f action is taken to adopt this eastern boundary of R-3101 and longi­ 1. R-3101 Bonham, Hawaii, would be proposal, the Port Wingate, N. Mex., Re­ tude 159° 42' west. That portion of the altered to read : stricted Area R-5114 would be designated restricted airspace underlying airway V - as follows: 14 would be designated as a new Re­ R-3101 PMRFAC F o u r , H a w a ii Boundaries: Beginning at latitude 35°- stricted Area R-3120 PMRFAC Five, SUBAREA A 27'00” N., longitude 108°35'00" W.; to lati­ Hawaii, with a ceiling of 5,000 feet MSL, tude 35°11'00'' N., longitude 10 8°1 3 W ' W.; which is the airway floor. It would be­ Boundaries: Beginning at latitude 22°13'- to latitude 35°04'40" N., longitude 108°24'- gin at the surface over the ocean area 00” N., longitude 159°42'00” W .; thence to 00” W.; to latitude 35°24'00” N„. longitude and at 1,200 feet AGL over the land area. latitude 22°09'45” N., longitude 159°42'00'' W .; thence counterclockwise along the shore­ 108°38'00” W.; to the point of beginning. The remainder of the proposed re­ Designated altitudes: Surface to unlimited. line of Kauai to latitude 22°04'36” N„ longi­ Time of designation: May 1 to July 31, stricted airspace would be redesignated tude 159°46'20” W .; thence to latitude 22° - 1967, as published in NOTAMs 24 hours in as R-3101, PMRFAC Four, Hawaii and 04'25' N., longitude 159°46'06' W.; thence to advance of use. j subdivided into four parts, Subareas A, latitude 22°03'55” N., longitude 159046'29'' Controlling agency: Federal Aviation B, C, and D to provide for maximum flex­ W.; thence to latitude 22°01'45” N., longi­ Agency, Albuquerque ARTC Center. ibility in releasing portions of the re­ tude 159°46'53” W.; thence to latitude 22”- Using agency: Commander, Air Force Mis­ stricted airspace for public use when not 01'07” N., longitude 159°46'20” W.; thence to latitude 22°00'55” N., longitude 159°45'- sile Development Center, Holloman AFB, in use for the purpose designated. Sub- N. Mex. 53” W .; thence to latitude 21°59'52” N., areas A and C would have the same lat­ longitude 159°45'14” W.; thence to latitude This amendment is proposed under eral limits which extend from 3 miles 21°59'35” N., longitude 159°45'55” W.; thence section 307(a) of the Federal Aviation off-shore to the shoreline plus a narrow- counterclockwise along the shoreline of Act of 1958 (49 U.S.C. 1348). strip of Government controlled land in Kauai to latitude 21°58'25” N., longitude the vicinity of the Barking Sands facili­ 159°43'35” W .; thence to latitude 21°58'30'' Issued in Washington,’ D.C., on Feb­ N., longitude 159°48'55” W .; thence clock­ ruary 14, 1967. ties. Vertically, Subarea A would extend from the surface to 5,000 feet MSL and wise along a line 3 nautical miles from the H . B. H e l s t r o m , Subarea C from 5,000 feet MSL to un­ shoreline of Kauai to the point of beginning. Chief, Airspace and Air Designated Altitudes: Surface to 5,000 feet Traffic Rules Division. limited. Subareas B and D would also MSL. have identical lateral limits which in­ Time of Designation: Continuous. [F.R. Doc. 67-1961; Filed, Feb. 20, 1967; clude the land area extending eastward Controlling Agency: FAA, Lihue Flight 8:48 a.m.} from the shoreline or the eastern bound­ Service Station. ary of Government controlled land to Using Agency: Commander, Pacific Mis­ longitude 159°42\ Subarea B would ex­ sile Range (C O M P M R ). [1 4 CFR Part 73 1 tend from 1,200 feet AGL to 5,000 feet SUBAREA B [Airspace Docket No. 66-PC-6] ' MSL and Subarea D from 5,000 feet MSL to unlimited. Boundaries: Beginning at latitude 22°09'- RESTRICTED AREA 45” N„ longitude 159°42'00” W.; thence The proposed restricted areas are de­ counterclockwise along the shoreline of Designation and Alteration signed to meet the needs of the Barking Kauai to latitude 22°04'36” N., longitude Sands Pacific Missile Range facility and 159°46'20” W.; thence to latitude 22°04'25” The Federal Aviation Agency is consid­ an associated underwater test range N., longitude 159°46'06” W ; thence to lati­ ering amendments to Part 73 of the Fed­ which is being constructed in the off­ tude 22°03'55” N., longitude 159°46'29” W.; eral Aviation Regulations that would shore areas. Planned activities for the thence to latitude 22°01'45” N., longitude designate a new restricted area and alter restricted areas which are hazardous to 159°46'53” W.; thence to latitude 22°01'07" an existing restricted area in the State N„ longitude 159°46'20” W.; thence to lati­ nonparticipating aircraft include: tude 22°00'55” N., longitude 159°45'53” W.; of Hawaii. 1. Aircraft and missile operations as­ thence to latitude 21°59'52” N., longitude Interested persons my participate in sociated with the underwater rahge. 159°45'14” W.; thence to latitude 21°59'35'' the proposed rule making by submitting 2. Missile and unmanned drone N., longitude 159°45'557 W.; thence counter­ such written data, views, or arguments launches from pads on land areas. clockwise along the shoreline of Kauai to as they may desire. Communications 3. High altitude rocket probes. latitude 21°58'25” N., longitude 159°43'35'' should identify the airspace docket num­ 4. Surface-to-air and subsurface-to- W.; thence to latitude 21°58'20” N., longi­ ber and be submitted in triplicate to the tude 159°42'00” W.; thence to point of be­ air missile launches from various water ginning. f Director, Pacific Region, Attention: areas. Designated Altitudes: 1,200 feet above Chief, Air Traffic Division, Federal Avia­ 5. High speed jet aircraft flying with ground to 5,000 feet MSL. tion Agency, Post Office Box 4009, Hono­ and controlling unmanned drones. Time of Designation: Continuous. lulu, Hawaii 96812. All communications 6. Remote control recovery of un­ Controlling Agency: FAA, Lihue Flight received within 45 days after publication manned drones at Barking Sands ALF. Service Station. of this notice in the F ederal R egister 7. Air-to-surface ordnance delivery. Using Agency: Commander, Pacific Missile will be considered before action is taken 8. Air-to-air rocket operations. Range (COMPMR). on the proposed amendment. The pro­ 9. Fallout and impact of booster rock­ • s u b a r e a c posal contained in this notice may be ets. changed in the light of comments re­ Boundaries: Beginning at latitude 22° 13 - The Barking Sands Pacific Missile 00” N., longitude 159°42'00” W.; thence to ceived. Range Facility is a part of the National latitude 22°09'45” N., longitude 159°42'00 An official docket will be available for Range and will be available to all mili­ W.; thence counterclockwise along ^ the examination by interested persons at the tary branches as well as to civilian or­ shoreline of Kauai to latitude 22°04'36” N.. Federal Aviation Agency, Office of the ganizations involved in military proj­ longitude 159°46'20” W.; thence to latitude

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 PROPOSED RULE MAKING 3105

22“04'25" N., longitude 159°46'06" W.; construed as indicating in any way the thence to latitude 22“03'55" N., longitude FEDERAL COMMUNICATIONS disposition eventually to be made of Peti­ 159°46'29" W.; thence to latitude 22”01'45" tion RM-1093. However, persons desir­ N„ longitude 159°46'53" W.; thence to lati­ tude 22°01'07" N., longitude 159°46'20" W.; COMMISSION ing to address themselves to the question thence to latitude 22° 00’55" N., longitude of type acceptance of transmitters in kit 159°45'53" W.; thence to latitude 21°59'52" [ 47 CFR Parts 2, 95 ] form may file comments either in the N., longitude 159°45’14" W.; thence to lati­ [Docket No. 17196; FCC 67-205] present Docket or addressed to RM-1093 tude 21°59'35" N., longitude 159°45'55" W.; or both. thence counterclockwise along the shoreline CITIZENS RADIO SERVICE 5. The proposed amendments are set of Kauai to latitude 21°58'22" N., longitude Type Acceptance of Transmitters Used forth below. Generally, they propose 159°43'35" W.; thence to latitude 21°58'25" that all new Class D stations, first pur­ N„ longitude 159°48'55" W.; thence clock­ by Class B and Class D Stations wise along a line 3 nautical miles from the chased 6 months after the adoption of shoreline of Kauai to the point of beginning. In the matter of amendment of Parts these amendments, muist use only type Designated Altitudes: 5,000 feet MSL to 2 and 95 of the Commission’s rules to accepted transmitters. Existing sta­ unlimited. require type acceptance of transmitters tions would be permitted to continue Time of Designation : Continuous. used by Class B and Class D stations in using nontype accepted equipment for a Controlling Agency: PAA, Honolulu ARTC the Citizens Radio Service: Docket No. 5 year amortization period. Although Center. . the technical standards to be met for type Using Agency: Commander, Pacific Missile 17196, RM-807. Range (COMPMR). 1. Notice of proposed rule making is acceptance have been revised for greater hereby given in the above entitled matter. clarity, they do not impose any new or SUBAREA D 2. On June 16, 1965, the Hallicrafters significantly tighter standards other than Boundaries: Beginning at latitude 22°09'- Co., filed a petition (RM-807) request­ a requirement for a modulation limiter. 45" N., longitude l59°42'00" W.; thence ing that Part 95 of the Commission’s However, type acceptance may be with­ counterclockwise along the shoreline of rules, which governs the Citizens Radio drawn from currently type accepted Kauai to latitude 22°04'36" N., longitude Service, be amended to require that all equipment not meeting the new require­ 159046'20" W.; thence to latitude 22°04'25" ments. N„ longitude 159°46'06" W.; thence to lati­ new transmitters for use by Class D sta­ tude 22°03'55" N., longitude 159°46'29" W.; tions in this service be type accepted 6. Authority for the proposed amend­ thence to latitude 22° 01'45" N„ longitude and that the use of nontype accepted ment is contained in sections 4(i) and 159°46'53" W.; thence to latitude 22°01'07" equipment be prohibited after an amor­ 303 of the Communications Act of 1934, N., longitude 159°46'20" W.; thence to lati­ tization period. In support of its re­ as amended. tude 22°00'55" N., longitude 159°45'53" W.; quest, the petitioner states that its engi­ 7. Pursuant to the applicable proce­ thence to latitude 21°59'52" N., longitude neering staff has tested and analyzed dures set forth in § 1.415 of the Commis­ 159°45'14" W.; thence to latitude 21°59’35" numerous Class D transceivers and found sion’s rules, interested persons may file N„ longitude 159°45'55" W.; thence counter­ comments on or before March 27, 1967, clockwise along the shoreline of Kauai to that many of these units are outside fre­ latitude 21°58'25" N., longitude 159°43'35" quency tolerance limits, are operating and reply comments on or before April W.; thence to latitude 21°58'20" N., longi­ over the maximum power input specified 10, 1967. All relevant and timely filed tude 159°42’00" W.; thence to point of in Part 95, have excessive modulation dis­ comments and reply comments will be beginning. tortion and have inadequate spurious considered by the Commission before Designated Altitudes: 5,000 feet MSL to radiation suppression, which causes final action is taken in this proceeding. unlimited. needless interference to adjacent chan­ In reaching its decision in this proceed­ Time of Designation : Continuous. ing, the Commission may also take into Controlling Agency: FAA, Honolulu ARTC nels and even other services. Since the Center. receipt of this petition, several other consideration other relevant information Using Agency: Commander, Pacific Missile manufacturers of Class D station equip­ before it, in addition to the specific com­ Range (COMPMR). ment have indicated informally to the ments invited by this notice. 8. In accordance with the provisions 2. R-3120 PMRFAC Five would be Commission their support of a require­ ment for type acceptance. set forth in § 1.419 of the Commission’s designated as follows: 3. Currently, Part 95 permits type-ac­ rules, an original and 14 copies of all R-3120 PMRFAC F iv e , H a w a i i ceptance of Class D station transmitters statements, briefs or comments shall be on a voluntary basis. The Commission furnished the Commission. Boundaries: Beginning at latitude 21 °- 9. T h e . petitioner also requests that 58’30" N„ longitude 159°48’55" W.; thence is aware that in many cases there is a to latitude 21°58’25" N., longitude 159°43'- discrepancy between the technical capa­ Part 95 be amended so that the radio re­ 35" W.; thence to latitude 21°58'20" N., bilities of transmitters being manufac­ ceiver associated with any Class D sta­ 159°42'00" W.; thence to latitude 21°54'45" tured and operated as Class D stations tion transmitter be required to comply N., longitude 159°42'00" W.; thence clock­ and the existing technical standards con­ with the minimum radiation standards wise along a line 3 nautical miles from the tained in Part 95. Further, the Com­ specified under Part 15, entitled, “In­ shoreline of the Island of Kauai to point of mission is aware that some manufac­ cidental Radiation.’’ However, the pe­ beginning. turers of Class D transmitters have in­ tition contains no reasons or statements Designated Altitudes: Surface to 5,000 feet in support of such a rule change. Fur­ MSL, except 1,200 feet above ground to 5,000 cluded features which facilitate opera­ feet MSL in the portion overlying land area tion by the licensee in violation of the ther, such a requirement would involve Time of Designation : Continuous. rules. We believe that compulsory type- changes to Part 15 of the rules, not un­ Controlling Agency: FAA, Lihue Flight acceptance will have a salutary effect on der consideration in this proceeding. Service Station. both these conditions and help to elimi­ Therefore, the Commission concludes Using Agency: Commander, Pacific Missile nate much of the adjacent channel in­ that any such rule change should be con­ Range (COMPMR). terference prevalent in many areas. At sidered only in a separate proceeding These amendments are proposed un­ the same time the Commission believes and that, if the petitioner desires to pur­ it is desirable to. change the current re­ sue this matter further, it should file a der the authority of section 307(a) of the quirement for type approval of Class B new petition containing supporting Federal Aviation Act of 1958 (49 U.S.C. station transmitters to include provision statements justifying such a change as 1348). for type acceptance. required by § 1.401(c) of the rules. Issued in Washington, D.C., on Febru­ 4. The Commission has pending before Adopted: February 15,1967. it a petition filed by the Heath Co., Ben­ ary 14,1967. ton Harbor, Mich. (RM-1093) to provide Released: February,16,1967. H. B. H elstrom, for type acceptance of transmitters sup­ F ederal C ommunications Chief, Airspace and Air plied by the manufacturer in kit form. C o m m issio n , 1 Traffic Rules Division. This petition remains under study and [ seal] B en F. W aple, will be acted upon at a later date. Ac­ Secretary. [FR. Doc. 67-1962; Filed, Feb. 20, 1967; cordingly, the proposals contained in the 8:48 a.m.] present Docket Proceeding should not be 1 Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 No. 35------4 3106 PROPOSED RULE MAKING

I. Proposed amendments to Part 2—a portion thereof, also may be present in envelope power of the transmitter for Frequency Allocations and Treaty Mat­ the emission. single sideband emission, and the mean ters; General Rules and Regulations. Mean power. The power supplied to power of the transmitter for other emis­ 1. In § 2.584 paragraph (c) is amendedthe antenna transmission line by a trans­ sions (see § 95.3). and paragraphs (g) and (h) are added mitter during normal operation, aver­ (b) Any device which contributes ra­ to read as follows: aged over a time sufficiently long com­ diofrequency power to the radiating pared with the period of the lowest fre­ system of a station operating in this § 2.584 Identification and changes in quency encountered in modulation. A service is considered to be part of the type accepted equipment. time of %0 second during which the mean station transmitter, and such power is * * * * * power is greatest will be selected nor­ considered to be included in the trans­ (c) Except when prohibited by para­mally. mitter power as defined in paragraph (a) graphs (g) and (h) of this section, Occupied bandwidth. The frequency pf this section. permissive changes may be made in type bandwidth such that, below its lower and (c) Except as provided in paragraph accepted equipment without prior Com­ above its upper frequency limits, the (d) of this section, the transmitter power mission approval. There are two classi­ mean powers radiated are each equal to of a station operating in this service fications of permissive changes, neither 0.5 percent of the total mean power radi­ shall not exceed the following maximum of which may involve a change of type as ated by a given emission. values under any condition of modula­ defined in paragraph (b) of this section. Peak envelope power. The average tion or other circumstances: The first classification includes those power supplied to the antenna transmis­ Watts modifications in type accepted equipment sion line by a transmitter during one transmitter which do not change the equipment radio frequency cycle at the highest crest Class of station power of the modulation envelope, taken under A ------48 characteristics beyond the rated limits B ------* ...... 4 established by the manufacturer and ac­ conditions of normal operation. C _____------* ...... 4 cepted by the Commission when obtain­ Single sideband emission. An emis­ D, double sideband______4 ing type acceptance. The second clas­ sion in which only one sideband is trans­ D, single sideband______8 sification of permissive change includes mitted. The carrier, or a portion thereof, those which bring the performance of may also be present in the emission. (d) On the frequency 27.255 Mc/s, transmitter power for Class C .stations the equipment outside the manufac­ 2. In § 95.35 paragraph (c) is amended turers’ rated limits as originally filed shall not exceed 24 watts. On frequen­ and a new paragraph (d) is added as cies in the band 72-76 Mc/s, transmitter but not below the minimum requirements follows: of the applicable rules. The Commis­ power for Class C stations shall not ex­ sion shall be supplied with complete in­ § 95.35 Changes in authorized stations. ceed 0.75 watt. formation and results of tests regard­ * * * * * (e) Single sideband transmitters for ing this class of permissive changes, in (c) Proposed changes which will not which type acceptance is requested after accordance with § 2.571(b), prior to the depart from any of the terms of the out­ 6 months (after adoption of this rule) operation of the modified equipment standing authorization for the station for use in Class D stations shall include under an authorization of the Commis­ involved may be made without prior a means for automatically preventing the sion. Commission approval. Included in such transmitter power from exceeding the maximum permissible peak envelope * * * * 4* changes is the substitution of various makes of transmitting equipment at any power. (g) Equipment type accepted for use station, provided that the particular s 4. Section 95.45 is amended as follows: in Class D stations in the Citizens Radio equipment to be installed is included in Service under Part 95 of this chapter the Commission’s “Radio Equipment List, § 95.45 Frequency tolerance. shall in no way be modified by the user. Part C” and is listed as acceptable for (a) Except as provided in paragraphs The provisions of paragraphs (c) and use under this part. At a Class D station (b) and (c) of this section, the carrier (d) of this section are not applicable to authorized prior to (6 months after adop­ frequency of a station in this service such equipment. <• tion of this rule), nontype accepted shall be maintained within the following (h) The manufacturer of equipment equipment purchased prior to (6 months percentage of the authorized frequency: type accepted for use in Class D stations after adoption of this rule) may be sub­ in the Citizens Radio Service under Part stituted at any time prior to (5 years af­ Frequency 95 of this chapter shall make no change ter adoption of this rule) provided it is tolerance in the transmitter design or construction Applicable conditions crystal-controlled and otherwise com­ station without prior authorization from the plies with the power, frequency tolerance, Fixed and Mobile Commission. When a change is re­ emission, and modulation limitations base quested, the Commission may authorize prescribed for this class of station. At a the change or may require that the modi­ A Effective Nov. 1,1967____ 0.00026 0.0005 Class C station operated on frequencies B Transmitter power 2.4 fied equipment be identified with a new in the 26.99-27.26 Mc/s band, nontype SÉ .5 type number and that additional type B Transmitter power over accepted equipment may be substituted .3 acceptance information and measure­ provided it is crystal-controlled and c .005 ment data be submitted. otherwise complies with the power fre­ D .005 n. Proposed amendments ,to Part quency tolerance, emission, and modula­ ___ - 95—Citizens Radio Service. tion limitations prescribed for this class (b) Class A stations authorized before 1. In § 95.3(c) delete the definition f^rof station. November 1,1967, may continue to oper­ Bandwidth occupied by an emission and (d) Changes which may not be made ate with a tolerance of 0.001 percent, or add the following definitions in appropri­ include : 0.005 for mobile stations with a power of ate alphabetical order: (1) Internal or external connection or 2.4 watts or less, until November 1, 1971. addition of any part, device or accessory (c) Class C stations operating on au­ § 95.3 Definitions. not originally included by the manufac­ thorized frequencies between 26.99 and * * * * * turer with the transmitter for its type 27.26 Mc/s with 2.4 watts or less mean (c) * * * acceptance. power output, which are used solely for Authorized bandwidth. The maxi­ (2) Replacement of components of a the control of remote objects or devices mum permissible occupied bandwidth for type accepted transmitter with compo­ the particular emission used. nents not approved therefor by the man­ by radio (other than devices used solely ufacturer of the transmitter. Double sideband emission. An emis­ as a means of attracting attention), are sion in which both sidebands (the upper 3. Section 95.43 is amended as follows: permitted a frequency tolerance of 0.01 sideband and the lower sideband) result­ § 95.43 Station power. percent. ing from the modulation of a particular (a) Unless specifically expressed oth­ 5. In § 95.47 paragraph (d) is amended carrier are transmitted. The carrier, or erwise, transmitter power is the peak as follows:

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 PROPOSED RULE MAKING 3107

§ 95.47 Types o f emission. subpart. For single sideband transmit­ (d) Class D stations: ***** ters, § 95.43(e) shall apply in lieu of this (1) All transmitters purchased prior (d) Class D stations in this service paragraph. to (6 months after adoption of this rule) are authorized to use amplitude voice (d) Class A stations authorized on orshall be crystal controlled or type ac­ modulation, either single or double side­ after November 1, 1967, shall be pro­ cepted. band. Tone signals or signalling deyices vided with a device which automatically (2) All transmitters purchased after may be used only to actuate receiver cir­ will prevent modulation in excess of that (6 months after adoption of this rule) cuits, such as tone operated squelch or specified in this subpart which may be shall be type accepted. selective calling circuits, the primary caused by greater than normal audio (3) Effective (5 years after adoption function of which is to establish or main­ level. Class A stations authorized before of this rule) all transmitters shall be tain voice communications. The use of November 1, 1967, will be required to type accepted. comply with the provisions of this para­ any signals solely to attract attention or 9. A new § 95.56 is added as follows: for the control of remote objects or de­ graph by November 1, 1971: Provided, vices is prohibited. however, That the requirements of this §95.56 Transmitter requirements.' * * ' * * * paragraph shall not apply to transmit­ (a) With the exception of equipment ters authorized as mobile stations with 6. In § 95.49 paragraphs (c) and (d) type approved for use at a Class B or a a power of 2.4 watts or Jess. Class C station, all transmitting equip­ are amended as follows: Ce) Each transmitter of a Class A sta­ ment authorized in this service shall be § 95.49 Emission limitations. tion which is equipped with a modulation crystal controlled. limiter in accordance with the provisions * * *• * * (b) No controls, switches or other of paragraph (d) of this section shall ( c ) (1) Except as provided in subpara­also be equipped with an audio low-pass functions which can cause operation in graph (2) of this paragraph and except filter. This audio low-pass filter shall violation of the technical regulations of this part shall be accessible from the Class B stations operating only on 465.00 be installed between the modulation , front panel or exterior to the cabinet Mc/s in accordance with § 95.41(b), the limiter and the modulated stage and, enclosing a transmitter authorized in authorized bandwidth of the emission of at audiofrequencies between 3 kc/s and this service. any station employing amplitude modu­ 20 kc/s, shall have an attenuation lation shall be 8 kc/s for double sideband, greater than the attenuation at 1 kc/s 10. In § 95.57 the headnote and para­ 4 kc/s for single sideband and, effective by at least: graph (a) are amended and paragraph November i, 1967, the authorized band­ (d) is added as follows: width of the emission of stations employ­ 60 log10 (f/3) decibels ing frequency or phase modulation (Type § 95.57 Procedure for type acceptance where “ f ” is the audiofrequency in kc/s. of equipment. F2 or F3) shall be 20 kc/s. The use of At audiofrequencies above 20 kc/s, the Type F2 or F3 emissions in the frequency attenuation shall be at least 50 decibels (a) Any manufacturer of a transmit­ band 26.96-27.28 Mc/s is not authorized., greater than the attenuation at 1 kc/s. ter built for use in this service, except (2) Stations authorized before Novem­ (f) Except as provided in paragraph noncrystal controlled Class B or Class C ber 1, 1967, and employing frequency or (g) of this section and except Class B station equipment, may request type ac­ phase modulation may continue to oper­ stations operating only on frequency ceptance for such transmitter in accord­ ate with a 40 kc/s bandwidth until 465.00 Mc/s in accordance with § 95.41 ance with the type acceptance require­ November 1,1971. (b ), the frequency deviation of any fre­ ments of this part, following the type (d) The mean power of emissions shall quency modulated transmitter operated acceptance procedure set forth in Sub- be attenuated below the mean output in this service shall not exceed ±15 kc/s part F of Part 2 of this chapter. power of the transmitter on frequencies and the simultaneous amplitude modu­ * * * * * removed from the center of the lation and frequency or phase modula­ (d) Requests for type acceptance of authorized bandwidth by the following tion of a transmitter is not authorized. amounts: any particular type of equipment for use (g) Effective June 1, 1967, the maxi­ at a Class D station will not be con­ (1) More than 50 percent and up to mum frequency deviation for all Class A and including 100 percent of the author­ sidered unless the applicant certifies at stations employing frequency or phase the time of the request that at least 25 ized bandwidth,, at least 25 decibels; modulation will be ±5 kc/s. (2) More than 100 percent and up to units of the particular type will be and including 250 percent of the author­ 8. Section 95.55 is amended as follows : manufactured. ized bandwidth, at least 35 decibels; 11. A new § 95.58 is added as follows: (3) More than 250 percent of the § 95.55 Acceptability o f transmitters. authorized bandwidth, at least 43 plus § 95.58 Additional requirements for type Transmitters type approved or type acceptance. 10 Logic (maximum rated mean output accepted for use under this part are in­ power in watts) decibels. cluded in the Commission’s Radio Equip­ (a) Except for transmitters type ac­ * * * * ^ * ment List, Part C. Copies of this list cepted for use at Class A stations, trans­ 7. Section 95.51 is amended as follows: are available for public reference at the mitters shall not include any provisions Commission’s Washington, D.C., offices for increasing power to levels in excess § 95.51 Modulation requirements. and field offices. The requirements for of the pertinent limits specified in (a) The maximum audio frequency re­ transmitters which may be licensed and § 95.43. quired for satisfactory radiotelephone operated in this service are set forth in (b) Manufacturing tolerances shall be intelligibility for use in this service is the following paragraphs. such that production units of a given considered to be 3000 c/s. (a) Class A stations: All transmitters transmitter type will not exceed the (b) When double sideband amplitude shall be type accepted. pertinent power limit specified in § 95.43 modulation is used for telephony, the (b) Class B stations : when operated at each nominal primary modulation percentage shall be sufficient (1) Except as provided in § 95.69 all supply voltage and with the radio fre­ to provide efficient communication and transmitters shall be type accepted or quency load for which it is designed. normally shall be maintained between type approved. (c) Transmitters equipped for trans­ ']• Percent and 100 percent on peaks, and (2) All crystal controlled transmitters mission on any frequency or frequencies shall not exceed 100 percent. purchased after (6 months after adop­ not available to Class D stations Under

FEDERAL REGISTER, VOL. 32* NO. 35— TUESDAY, FEBRUARY 21, 1967 3108 PROPOSED RULE MAKING request for type acceptance or type ap­ and for transmission of carrier and one, by the Commission for the purpose of proval. The book shall contain all in­ or both, sidebands. granting type approval. An applicant formation necessary for the proper (7) Channel selector switch. for a station in this service who proposes installation and operation of the equip­ (8) Transmit-receive switch. to use or operate such equipment which ment including: (1) Instructions con­ (9) Public address switch. has not been type approved shall supply cerning all controls, adjustments and (g) Other than the channel selectorcomplete information showing that the switches which may be operated or ad­ switch, all transmitting frequency de­ equipment fully complies with appro­ justed without causing violation of tech­ termining circuitry, including crystals priate station requirements using sup­ nical regulations of this part; (2) warn­ employed in Class D station equipment plementary sheets which shall accom­ ings concerning any adjustments which, shall be internal to the equipment and pany the standard application form. according to the rules of this part, may shall not be accessible from the operat­ The Commission may, at its discretion, be made only by, or under the immed­ ing panel. require that such equipment or a proto­ iate supervision of, a person holding a 12. In § 95.59 the headnote and para­ type thereof be made available to its commercial first or second class radio graph (a) are amended and paragraph laboratory at Laurel, Md., for testing in operator license; (3) warnings concern­ (d) is deleted as follows: accordance with the procedures described ing the replacement or substitution of elsewhere in this part, as applicable to crystals, tubes or other components § 95.59 Submission o f noncrystal con­ equipment to be manufactured in lots of which could cause violation of the tech­ trolled Class B and Class C station more than 100 units. In addition, field nical regulations of this part and of equipment for type approval. tests as deemed necessary or desirable the type acceptance or type approval (a) Upon grant of written requestmay be carried out by authorized Gov­ requirements of Part 2 of this chapter; therefor manufacturers of noncrystal ernment personnel to determine the re­ and (4) a list of acceptable replacements controlled equipment for use at Class B liability of the equipment under operat­ for components subject to failure. or Class C stations in this service may ing conditions comparable to those en­ (e) The total of the power output submit units of such equipment to the countered in actual service. ratings of all electron tubes, semicon­ Commission for type approval. Such a (b) For nontype accepted, crystal con­ ductors, or other amplifying devices sup­ request normally will not be granted un­ trolled Class C or Class D equipment not plying or contributing radio frequency less at least 100 units of the model to be subject to the requirements of para­ power to the antenna terminals of any submitted are scheduled for manufac­ graphs

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3109 Notices

3. Receive requests for setoff as pro­ Secretary of Health, Education, and Wel­ DEPARTMENT OF THE INTERIOR vided in § 13.6(d) of such regulations. fare, which he formally accepted by letter Bureau of Land Management 4. Issue such procedures and instruc­ of November 5,1966. tions as may be required from time to Hon. J o h n W. G a r d n e r , GRAZING REGULATIONS time as provided in § 13.10 of such Secretary of Health, Education, regulations. and Welfare, Schedule of Grazing Fees, 1967 This delegation supersedes Delegation Washington, D.C. 20201. Notice is hereby given, in accordance of Authority No. Ca-189 issued August 5, D e a r M r . S e c r e t a r y : The Attorney General with Departmental regulations (43 CFR 1964 (29F.R. 11282). on February 5, 1966, wrote to me about the desirability of coordination among the Fed­ 4115.2-1 (k )), that the schedule of fees (R S . 161, 5 U.S.C. 22) for the grazing year beginning March 1, eral agencies to ensure more effective imple­ Effective date : Date of signature. mentation of Title VI of the Civil Rights Act 1967, and ending February 29, 1968, for of 1964, and in such connection, your willing­ grazing use of the Federal range, includ­ Signed at Washington, D.C., on Feb­ ness to assume delegated authority from ing LU (Land Utilization) land within ruary 14,1967. other agencies of a number of their enforce­ grazing districts, authorized pursuant to E. A . Ja e n k e , ment responsibilities with respect to Title VI section 3 of the Taylor Grazing Act will Acting Administrator, Agricul­ assistance programs in the fields of higher be the same in all cases as for the graz­ tural Stabilization and Con­ education and hospital and other health ing fee year of March 1, 1966, to Feb­ facilities. servation Service. SincS then, staff of our two Departments, ruary 28, 1967. [F.R. Doc. 67-1944; FUed, Feb. 20, 1967; together with the Department of Justice, C h ar les F. L u c e , 8:46 a.m.] have discussed such delegation, and have Under Secretary of the Interior. reached mutual agreement on the substance of the assignment of functions. February 17, 1967. In accordance therewith, and pursuant to [F.R. Doc. 67-2017; Filed, Feb. 20, 1967; the authority of section 8.15(c) of my De­ 8:51 ajn.] DEPARTMENT OF THE TREASURY partment's Title VI Regulations, I hereby Office of the Treasurer assign to you, with your consent, the respon­ sibilities listed below of the Department of Fish and Wildlife Service [Treasurer of the U.S.; Order No. 26 (Supp. Commerce and of its responsible officials No. 2 )] under. Title V I and the Commerce Regula­ OKEFENOKEE UNIT tions issued thereunder (15 CFR 8.1 et seq.), ADMINISTRATIVE ASSISTANT, CUR­ with respect to hospitals and other health Notice of Public Hearing Regarding RENCY REDEMPTION DIVISION facilities and to institutions of higher educa­ Wilderness Study tion under and including, but not limited Signing of Official Papers to, the following programs: Correction Treasurer of the United States, Order A. Grants to nonprofit institutions or orga­ In F.R. Doc. 67-1865, appearing at No. 26, dated May 18,1966 (31 F.R. 7529), nizations to further or obtain scientific re­ search to be made available to the public or page 2977 of the issue for Thursday, Feb­ is hereby supplemented by adding the interested businesses or organizations (e.g., ruary 16, 1967, the words reading “ ap­ following position: 42 UJS.C. 1891-1893); proximately 31,800 acres” in the first Administrative Assistant, Currency Re­ B. Loans, grants, technical and other as­ paragraph should read “approximately demption Division. sistance under the Public Works and Eco­ 331,800 acres” . nomic Development Act of 1965 (P.L. 89-136, Dated: February 15, 1967. 79 Stat.v 552), and its predecessor Area Re­ development Act (42 U.S.C. 2501 et seq.); [ s e a l] W. T. H o w e l l , and Acting Treasurer of C. Grants, technical and other assistance DEPARTMENT OF AGRICULTURE the United States. under the Appalachian Regional Develop­ Agricultural Stabilization and [F.R. Doc. 67-1946; Filed, Feb. 20, 1967; ment Act of 1965 (P.L. 89-4, 79 Stat. 5). 8:46 a.m.] Responsibilities: Conservation Service 1. Compliance reports, including the mail­ ing, receiving, and evaluation thereof, under DEPUTY ADMINISTRATOR, STATE section 8 .7 (b); AND COUNTY OPERATIONS 2. Other actions under section 8.7 ( a ) , ( c ) , DEPARTMENT OF COMMERCE and ( d ) ; Delegation of Authority for Setoffs Office of the Secretary 3. All actions under sections 8.7(ejr, 8.8, and Withholdings 8.9, and 8.10, including periodic compliance SECRETARY OF HEALTH, EDUCATION, reviews, receiving of complaints, investiga­ Pursuant to the authority vested in me tions, determination of recipient’s apparent AND WELFARE failure to comply, and resolution of matters by the Setoff and Withholding Regula­ by informal means; tions published in the F ederal R egister, Assignment of Functions Under Title 4. Wherever a primary objective of the dated July 10, 1964 (29 F.R. 9425), the VI of Civil Rights Act of 1964 financial assistance authorized by a statute is Deputy Administrator, State and County to provide employment, as in those programs Operations, Agricultural Stabilization Notice is hereby given that the Secre­ under paragraphs B and C above. and Conservation Service, is hereby au­ tary of Commerce .assigned to the Sec­ this assignment of responsibilities includes thorized, as my designee, to: retary of Health, Education, and Welfare, and applies to employment practices to the 1. Defer or subordinate the right of the with his approval, certain responsibilities extent they are involved in such programs. of the Department of Commerce for en­ The Department of Commerce specifically Agricultural Stabilization and Conserva­ forcement of federally assisted programs reserves to itself the responsibilities for tion Service (ASCS) and Commodity under Title V I of the Civil Rights Act of effecting compliance under sections 8.11, Credit Corporation (CCC) to recover .1964 with respect to hospitals, other 8.12, and 8.13. through setoff all or part of any indebted­ health facilities, and institutions of The responsibilities so designated to you are to be exercised in accordance with the ness to ASCS or CCC as provided in higher education which are subject to the Title V I Regulations of the Depart­ Coordinated Enforcement Procedures for s 13.4(a) of such regulations. ment of Commerce. The following is the Medical Facilities and for Institutions of 2. Specifically authorize setoff pursu­ Higher Education under Title VI of the Civil text of the letter, dated May 27, 1966, Rights Act of 1964, dated February 1966, de­ i t to § 13.4(f) of such regulations. assigning these responsibilities to the veloped by the interested governmental

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3110 NOTICES

agencies and approved by the Department of Packaging and Labeling Act of 1966, and Justice, and may be redelegated by you to the determination whether to publish DEPARTMENT OF HEALTH, EDUCA­ other officials of your Department. The De­ voluntary standards. partment of Commerce also retains the right to exercise these responsibilities itself in Effective date: January 31,1967. TION, AND WELFARE special cases with the agreement of the ap­ propriate official in your Department. D avid R. B a l d w in , Food and Drug Administration Exceptions : Assistant Secretary NEO-DECANOIC ACID Ail Title VI responsibilities of this Depart­ for Administration. ment and of its officials under the following [F.R. Doc. 67-1927; Filed, Feb. 20, 1967; Notice of Establishment of two programs of financial assistance which involve higher education institutions are 8:45 a.m.] Temporary Tolerance retained by this Department and are not a Notice is given that at the request of part of the assignment of responsibility : < [Dept. Order 181; Amdt. 2] the Enjay Chemical Co., 60 West 49th 1. Assistance to State Maritime Academies Street, New York, N.Y. 10020, a tempo­ and colleges to train merchant marine officers ASSISTANT SECRETARY OF COM­ (46TJ.S.C. 1381-1388). rary tolerance of 1 part per million is 2. Grants and other assistance under the MERCE FOR DOMESTIC AND IN­ established for residues of the desiccant- State Technical Services Act of 1965 (P.L. TERNATIONAL BUSINESS defoliant neo-decanoic acid (a mixture 89-182,79 Stat. 679 ). of 10-carbon trialkyl acetic acids (cal­ Sincerely yours, Delegation of Authority culated as CbHjdCOOH) ) in or on cotton­ Jo h n T. Co n n o b , The following amendment to the order seed. The Commissioner of Food and Secretary of Commerce. was issued by the Secretary of Commerce Drugs has determined that this tempo­ Dated: February 14,1967. on January 31, 1367. This material rary tolerance will protect the public amends the material appearing at 30 health. D avid R. B a ld w in * F.R. 11070-11071 of August 26, 1965; 31 A condition under which this tempo­ Assistant Secretary F.R. 16731 of December 30, 1966; and rary tolerance is established is that the for Administration. 30 F.R. 15042-15044 of December 4, 1965, harvest aid will be used in accord with [P R . Doc. 67-1926; Piled, Peb. 20, 1967; as amended by 31 F.R. 15331 of December the temporary permit issued by the U.S. 8:45 a.m.j 7, 1966. Department of Agriculture. This temporary tolerance expires Feb­ Department Order 181, dated August ruary 13,1968. [Dept.Order 177; Arndt. 1] 12, 1965, as amended, is hereby further This action is taken pursuant to the amended as follows: ASSISTANT SECRETARY OF COM­ authority vested in the Secretary of 1. In section 3. Scope and delegation MERCE FOR SCIENCE AND TECH­ Health, Education, and Welfare by the of authority add new paragraphs .04 and Federal Food, Drug, and Cosmetic Act NOLOGY .05 to read : (sec. 408( j ) , 68 Stat. 516; 21 U.S.C. 346a Authority and Responsibilities .04 Pursuant to the authority vested (j)) and delegated to the Commissioner in the Secretary of Commerce by law, the (21 CFR 2.120; 31 F.R. 3008). The following amendment to the order Assistant Secretary of Commerce for Dated: February 13,1967. was issued by the Secretary of Com­ Domestic and International Business is merce on January 31, 1967. This ma­ hereby delegated, with power to redel­ J. K . K ir k , terial amends the material appearing at egate, the authority vested in the Secre­ Associate Commissioner 31 F.R. 6746 of May 5,1966. tary under Title I of the Defense Pro­ for Compliance. Department Order 177, dated April 14, duction Act of 1950, as amended (50 [F.R. Doc. 67-1968; Piled, Peb. 20, 1967; 1966, is hereby amended as follows : U.S.C. App. 2071 et seq.), as conferred 8:49 a.m.] 1. Section 3 is amended to read : on the Secretary under Executive Order S ec. 3. Scope and delegation of au­ 10480, dated August 14,1953, as amended, thority. .01 The Assistant Secretary of to issue or modify orders restricting [Docket No. FDC-D-100; NDA No. 12-169] Commerce for Science and Technology transportation and discharge of certain S. E. MASSENGILL CO. shall exercise policy direction and gen­ commodities or for the prohibition of eral supervision over the Environmental movement of American carriers to certain Daribiotic Mastitis Ointment; Notice Science Services Administration, Na­ designated destinations, which authority of Withdrawal of Approval of New- tional Bureau of Standards, Patent has heretofore been implemented by the Drug Application Office, and the Office of State Technical issuance of Transportation Orders T - l Services. and T—2. The S. E. Massengill Co., Bristol, Tenn. .02 Pursuant to the authority vested .05 Pursuant to the authority vested 37620, the applicant for and holder of in the Secretary of Commerce by law, in the Secretary of Commerce by law, new-drug application No. 9292 for Dari­ the authorities of the Secretary of Com­ the Assistant Secretary of Commerce for biotic Mastitis Ointment, has requested merce under the Fair Packaging and Domestic and International Business is withdrawal of approval of that applica­ Labeling Act of 1966 (Public Law 89-755 hereby delegated, with power to redele­ tion, and thereby has waived the oppor­ of Nov. 3, 1966) are hereby delegated to gate, the functions, authorities, and re­ tunity for hearing, as provided by sec­ the Assistant Secretary of Commerce for sponsibilities given to the Secretary of tion 505(e) o f the Federal Food, Drug, Science and Technology with the au­ Commerce under Executive Order 11322, and Cosmetic Act, prior to such with­ thority to redelegate such authority. dated January 5, 1967, relating to trade drawal. .03 The Assistant Secretary of Com­ and other transactions involving South­ The Commissioner of Food and Drugs, merce for Science and Technology is au­ ern Rhodesia. by virtue of the authority vested in the thorized to establish a constituent oper­ 2. Paragraphs 2j. and 3e. of Depart­ Secretary of Health, Education, and Wel­ ating unit under his policy direction and ment Order 128, dated November 22, fare by the Federal Food, Drug, and Cos­ general supervision to assist in carrying 1965, as amended, are hereby revoked. metic Act (sec. '505(e), 52 Stat. 1053, as out his responsibilities under the Fair amended; 21 U.S.C. 355(e)) and dele­ Packaging and Labeling Act and to per­ Effective date: January 31,1367. gated to the Commissioner by the Secre­ form related functions as assigned. tary (21 CFR 2.120), finds, on the basis 2. In section 4, Duties and responsi­ D avid R. B a ld w in , of new information evaluated together bilities, a new paragraph f. is added to Assistant Secretary with the evidence available when new- read: for Administration. drug application No. 9292 was approved, f, The determination of undue pro­ [F.R. Doc. 67-1928; Piled, Peb. 20, 1967; that the methods used in, or the facilities liferation within the meaning of the Fair 8:45 a.m.] and controls used for, the manufacture,

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 NOTICES 3111

processing, and packing of the subject Effective date. This designation shall shall be held in the offices of the Com­ drug are inadequate to assure and pre­ be effective as of November 16, 1966. mission, Washington, D.C. serve its identity, strength, quality, and L e w is E. W il l ia m s , purity. Released: February 16, 1967. Therefore, on the basis of the fore­ Deputy Assistant Secretary for Administration. F ederal C ommunications going finding of fact and at the request C o m m is s io n , of the applicant, the approval of new- [F.R. Doc. 67-1951; Filed, Feb. 20, 1967; [ s e a l ] B e n F. W a p le , drug application No. 9292 applying to 8:47 a.m.J Secretary. Daribiotic Mastitis Ointment is with­ [F.R. Doc. 67-1974; Filed, Feb. 20, 1967; drawn, effective on the date of signature 8:49 a.m.] of this document. CIVIL AERONAUTICS BOARD Dated: February 13, 1967. [Docket No. 17176; FCC 67-183] [Docket No. 16349} J. K . K ir k , EDWARD G. ATSINGER III Associate Commissioner DOMESTIC SERVICE MAIL RATE for Compliance. INVESTIGATION Order Designating Application for Hearing on Stated Issues [F.R. Doc. 67-1969; Filed, Feb. 20, 1967; Notice of Oral Argument 8:49 a.m.] In re application of Edward G. At- Notice is hereby given, pursuant to the singer III, Gamer, N.C., Docket No. provisions of the Federal Aviation Act 17176, File No. BP-16631; Requests: 1000 of 1958, as amended, that oral argument kc, 250 w, Day, Class II; for construction DEPARTMENT OF HOUSING AND in the above-entitled proceeding is as­ permit. signed to be held on March 22, 1967, at At a session of the Federal Communi­ URBAN DEVELOPMENT 10 a.m., e.s.t., in Room 1027, Universal cations Commission held at its offices ACTING ASSISTANT REGIONAL AD­ Building, 1825 Connecticut Avenue NW., in Washington, D.C., on the 8th day of Washington, D.C., before the Board. MINISTRATOR FOR ADMINISTRA­ February 1967; TION; REGION IV (CHICAGO) Dated at Washington, D.C., Febru­ 1. The Commission has before it for ary 15, 1967. consideration, the above-captioned and Designation described application requesting a con­ [ s e a l ] F r a n c is W. B r o w n , struction permit for a new standard The designation of officers to serve as Chief Examiner. broadcast station to be located at Gamer, Acting Assistant Regional Administra­ [F.R. Doc. 67-1963; Filed, Feb. 20, 1967; N.C. tor for Administration, Region IV (Chi­ 8:48 a.m.] 2. Gamer has a population, according cago) , during the present vacancy in the to the 1960 U.S. Census of 3,451, and is position of Assistant Regional Adminis­ [Docket No. 17952] located approximately 3 miles from the trator for Administration, Region IV, city limits of Raleigh, N.C., population published at 32 F.R. 764, January 21, VARANAIR-SIAM AIR CO., LTD. 93.931.1 The proposed 5 mv/m contour 1967, is hereby amended to change the Notice of Hearing penetrates the geographic boundary of effective date as follows: Raleigh thus raising a presumption that Effective date. This designation shall Notice is hereby given, pursuant to the the applicant is realistically proposing to be effective as of November 16, 1966. provisions of the Federal Aviation Act serve that city rather than Garner. of 1958, as amended, that hearing in the Policy statement on section 307(b) Con­ L e w is E. W il l ia m s , above-entitled proceeding is assigned to Deputy Assistant Secretary siderations for Standard Broadcast be held on March 3,1967, at 10:00, e.s.t., Facilities Involving Suburban Communi­ for Administration. in Room 911, Universal Building, Con­ ties, adopted December 22, 1965, 2 FCC [F.R. Doc. 67-1950; Filed, Feb. 20, 1967; necticut and Florida Avenues NW., 2d 190, 6 RR 2d 190. 8:47 a.m.] Washington, D.C., before the under­ 3. In an amendment filed on March 31, signed examiner. 1966, the applicant submitted data and ACTING ASSISTANT REGIONAL AD­ Dated at Washington, D.C., February arguments in an attempt to rebut the MINISTRATOR FOR ADMINISTRA­ 14, 1967. aforementioned presumption. However, after careful study of this material, the TION; REGION V (FORT WORTH) [ s e a l ] J o s e ph L. F it z m a u r ic e , Commission finds that the applicant has Hearing Examiner. Designation failed to overcome this presumption and [F.R. Doc. 67-1964; Filed, Feb. 20, 1967; that an evidentiary hearing must be held The officers appointed to the follow­ 8:48 a.m.] to explore the matter further. ing listed positions in the Division of 4. Except as indicated by the issues Administration, Region V (Fort W orth), specified below, the applicant is quali­ are hereby designated to serve as Act­ fied to construct, own, and operate as ing Assistant Regional Administrator for FEDERAL COMMUNICATIONS proposed but, in view of the foregoing, Administration, during the present va­ the Commission is unable to find that a cancy in the position of Assistant Re­ COMMISSION grant of the application would serve the public interest, convenience, and neces­ gional Administrator for Administra­ [Docket No. 17176; FOC 67M-256] tion, Region V, with all the powers, func­ sity, and is of the opinion that it must be tions, and duties redelegated or assigned EDWARD G. ATSINGER III designated for hearing on the issues set to the Assistant Regional Administrator forth below. tor Administration, provided that no Order Scheduling Hearing It is ordered, That pursuant to section omcer is authorized to serve as Acting 309(e) of the Communications Act of Assistant Regional Administrator for In re application of Edward G. At- 1934, as amended, the application is des­ singer m , Gamer, N.C., Docket No. aministration unless all other officers ignated for hearing at a time and place whose titles precede his in this designa- 17176, File No. BP-16631; for construc­ to be specified in a subsequent order upon tion permit. the following issues: absencer Una^ e a°t by reason of It is ordered, This 13th day of Feb­ 1. To determine the areas and popu­ ruary 1967, that Herbert Sharfman shall tion B'eg*ona* ^Director of Administra- lations which would receive primary serve as Presiding Officer in the above- service from the proposal of Edward G. entitled proceeding; that the hearings Atsinger n i and the availability of other Branch*ef’ Bu<*ge^ and Management therein shall be convened on April 19, primary service to such areas and popu­ 3. Personnel Management Specialist. 1967, at 10 a.m.; and that a prehearing lations. conference shall be held on March 22, 1966)etary’S deleSation effective Nov. 16, 1967, commencing at 9 a.m.: And, it is 1 There are five standard broadcast stations further ordered, That all proceedings in Raleigh but none in Garner.

FEDERAL REGISTER, VOL. 32, NO; 35— TUESDAY, FEBRUARY 21, 1967 3112 NOTICES

2. To determine whether the proposal [Docket Nos. 16972, 16973; FCC 67M-261] at 10 a.m., in the offices of the Commis­ of Edward G. Atsinger II I will realisti­ CARTER BROADCASTING CORP. AND sion at Washington, D.C. cally provide a local transmission facility Released: February 16,1967. for Garner, N.C., or for Raleigh, N.C., in METRO GROUP BROADCASTING light of all the relevant evidence, includ­ INC. F ederal C ommunications C o m m is s io n , ing, but not necessarily limited to, the Order Rescheduling Hearing showing with respect to: [ s e a l] B e n F. W a p l e , (a) The extent to which the specified In re applications of Carter Broadcast­ Secretary. station location has been ascertained by ing Corp., Burlington, Vt., Docket No. [F.R. Doc. 67-1977; Filed, Feb. 20, 1967; the applicant to have separate and dis­ 16972, File No. BP-16735; Metro Group 8:49 a.m.] tinct programing needs; Broadcasting, Inc., Plattsburgh, N.Y., (b) The extent to which the needs of Docket No. 16973, File No. BP-17089; for the specified station location are being constructionipermits. [Docket No. 16663; FCC 67M-269] met by existing standard broadcast sta­ The Hearing Examiner having under LAMAR LIFE INSURANCE CO. tions; consideration a verbal request on behalf (c) The extent to which the appli­ of Metro Group Broadcasting, Inc., re­ Order Scheduling^ Further Hearing cant’s program proposal will meet the questing that the evidentiary hearing Conference specific, unsatisfied programing needs of scheduled for this date be continued for In re application of Lamar Life Insur­ its specified station location; and a period of approximately 2 weeks; (d) The extent to which the projected ance Co., Docket No. 16663, File No. It appearing, that the applicants are BRCT-326; for renewal of license of tele­ sources of the applicant’s advertising in a stage of negotiations which con­ revenues within its specified station loca­ vision station WLBT and auxiliary serv­ ceivably will preclude the necessity of ices, Jackson, Miss. tion are adequate to support its proposal, an evidentiary hearing; as compared with its projected sources The Hearing Examiner having under from all other areas. It further appearing, that good cause consideration a response to motion for 3. To determine, in the event it is exists and there is no opposition to said continuance of hearing date filed on concluded pursuant to the foregoing request; behalf of United Church of Christ at issue (2) that the proposal will not serve Accordingly, it is ordered, This 16th Tougaloo, Aaron Henry and Robert L. T. its specified station location, whether the day of February 1967, that the request Smith, filed February 13, 1967; proposal meets all of the technical pro­ is granted and that the evidentiary hear­ It appearing, that certain matters are visions of the rules, for standard broad­ ing scheduled this date be and the same raised in said pleading which may prop­ cast stations assigned to Raleigh, N.C. is hereby rescheduled for March 3, 1967, erly be resolved by a further hearing 4. To determine, in the light of the at 10 a.m., in the Commission’s offices, conference; evidence adduced pursuant to the fore­ Washington, D.C. Accordingly, it is ordered, This 16th going issues whether a grant of the ap­ Released: February 16,1967. day of February 1967, that a further plication would serve the public inter­ hearing conference in this proceeding est, convenience, and necessity. F ederal C ommunications will be held on February 23, 1967, 10 It is further ordered, That, in the event C o m m is s io n , a.m., in the Commission’s offices, Wash­ of a grant of the application of Edward [ s e a l ] B e n F. W a p l e , ington, D.C. G. Atsinger III, the construction permit Secretary. Released: February 16,1967. shall contain the following condition: [F.R. Doc. 67-1976; Piled, Feb. 20, 1967; Pending a final decision in Docket No. 8:49 a.m.] F ederal C ommunications 14419 with respect to presunrise opera­ C o m m is s io n , tion with daytime facilities, the present [Docket Nos. 17148-17150; FCC 67M-270] [ s e a l] B e n F. W a p l e , provisions of § 73.87 of the Commission Secretary. rules are not extended to this authoriza­ L & S BROADCASTING CO. ET AL. [F.R. Doc. 67-1978; Filed, Feb. 20, 1967; tion, and such operation is precluded. 8:49 a.m.] It is further ordered, That, to avail it­ Order Regarding Procedural Dates self of the opportunity to be heard, the In re applications of L & S Broadcast­ [Docket Nos. 17157,17158; FCC 67M-246] applicant, pursuant to § 1.221(c) of the ing Co., Jacksonville, N.C., Docket No. Commission’s rules, in person or by at­ 17148, File No. BP-16329; Roy H. Park LEE BROADCASTING CORP. AND torney, shall, within 20 days of the mail­ Radio, Inc. (W NCT), Greenville, N.C., MINNESOTA-IOWA TELEVISION CO. ing of this order, file with the Commis­ Docket No. 17149, File No. BP-16563; sion in triplicate, a written appearance John C. Hall, Ayden, N.C., Docket No. Order Scheduling Hearing stating an intention to appear on the 17150, File No. BP-16604; for construc­ In re applications of Lee Broadcasting date fixed for the hearing and present tion permits. Corp., Austin, Minn., Docket No. 17157. evidence on the issues specified in this Pursuant to the agreements reached File No. BPH-5438; Minnesota-Iowa order. Television Co., Austin, Minn., Docket No. It is further ordered, That the appli­ at the prehearing conference held Feb­ ruary 15,1967; 17158, File No. BPH-5516; for construc­ cant herein shall, pursuant to section tion permits. 311(a) (2) of the Communications Act of It is ordered, This 15th day of Feb­ It is ordered, This 6th day of February 1934, as amended, and § 1.594 of the ruary 1967 that: 1967, that Thomas H. Donahue shall Commission’s rules, give notice of the (1) A preliminary exchange of all serve as Presiding Officer in the above- hearing, within the time and in the engineering exhibits to be offered in the manner prescribed in such rule, and entitled proceeding; that the hearings therein shall be convened on March 29, shall advise the Commission of the pub­ direct affirmative cases shall be made on 1967, at 10 a.m.; and that a prehearing lication of such notice as required by March 24,1967; conference shall be held on February 28, § 1.594(g) of the rules. (2) An exchange of all exhibits to be 1967, commencing at 9. a.m.: And, it is Released: February 16,1967. offered in the direct affirmative presenta­ further ordered, That all proceedings tions shall be made on April 21, 1967; F ederal C ommunications shall be held in the offices of the Com­ C o m m is s io n ,2 (3) Notification of witnesses to be mission, Washington, D.C. [ s e a l ! B e n F. W a p le , called for cross-examination and notifi­ Released: February 15,1967. Secretary. cation of witnesses, if any, to be offered F ederal C ommunications [F.R. Doc. 67-1975; Filed, Feb. 20, 1967; in the affirmative presentations shall be 8:49 a.m.] C o m m is s io n , given on April 27,1967; [ s e a l ] B e n F. W a p l e , It is further ordered, That the hearing 2 Commissioners Bartley and Johnson con­ Secretary. curring and issuing statements filed as part presently scheduled for March 21, 1967, [F.R. Doc. 67-1979; Filed, Feb. 20, 1967; of the original document. is continued to May 1, 1967, commencing 8:49 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 NOTICES 3113

[Docket No. 17175; FCC 67-181] Therefore, the only data that will be cant is financially qualified to construct NORMAN W. HENNIG considered are the application, as and operate his proposed station and amended to date, the original petition whether his estimates of expected oper­ Memorandum O p in io n and Order to deny, the petitioner’s supplemental ating revenues and expenses are reason­ Designating Application for Hear­ statement of November 7, 1963, the able. In support thereof, petitioner con­ ing on Stated Issues amendment to the petition to deny and cedes that “ arithmetically” the appli­ the opposition thereto. cant is financially qualified to construct In re application of Norman W. Hen- 4. The petitioner requested that a and operate the station for a brief period nig, Tucumcari, N. Mex., Docket No. Carroll issue be specified on the grounds without income, but argues that the ap­ 17175, Pile No. BP-15523; Requests: that the revenues in the area are inade­ plicant’s estimate of operating costs 1330 kc, 1 kw. Day, Class III; for con­ quate to support a second standard ($2,000 per month) is unrealistic and struction permit. broadcast station without a net loss or that the true costs would approximate its 1. The Commission has before it fordegradation of service to the area. The own (i.e., $6,000 per month). Petitioner consideration (a) the above-captioned Missouri-Illinois Broadcasting Co. case also asserts that the applicant’s estimate application; (b) the “Petition to Deny 1 RR 2d 1 (1963) was remanded to the of annual revenue ($36,000) is unrealis­ Application” filed April 29, 1963, by Tu­ Commission sub nom. KGMO Radio- tic. While petitioner’s assertions are cumcari Broadcasting Co., Inc., licensee Television, Inc. v. FCC, 336 F. 2d 290, based, in part, on conjecture, it appears of Station KTNM, Tucumcari, N. Mex. ; 2 RR 2d 2057 (1964) with instructions to that the applicant’s estimate of con­ (c) the letter filed on July 26, 1963, by give KGMO an opportunity to amplify struction costs and operating expenses Norman W. Hennig, the applicant here­ its allegations in support of its request are below average for stations similarly in; (d) the “Statement with Respect to for the specification of a Carroll issue on situated. In view of thè question of the Petition to Deny” filed on November 7, the grounds that KGMO did not have adequacy of revenues in the Tucumcari 1963, by KTNM ; (e) the “Amendment to notice of the new pleading requirement area, together with the relatively modest Petition to Deny” filed on October 8, necessary to support a Carroll issue. estimate of construction costs and oper­ 1964, by KTNM; and (f) the “Opposi­ The Commission’s action on the remand ating expenses, an issue will be specified tion to Amendment to Petition to Deny” , is contained in the Missouri-Illinois to permit the applicant to indicate the filed on October 21, 1964, by the appli­ Broadcasting Co. case, FCC 64-748, 3 bases for his estimates. Moreover, ac­ cant. RR 2d 232 (1964). In the latter case, cording to the information on file the ap­ 2. Petitioner bases its claim of stand­ the Commission listed the type of ma­ plicant indicated available cash in the ing on the fact that it is the licènsee of terial that a petitioner should submit in amount of $33,000 in his application as the only existing station (KTNM ) in the support of the request for a Carroll issue. originally filed. Subsequently, the appli­ community1 which the applicant seeks Since the petitioner herein did not have cant filed a statement to the effect that to serve and that there would be direct notice of these new pleading require­ cash in the amount of $44,000 is avail­ competition for advertising revenues and ments, he was given an opportunity to able. The applicant, however, did not audience. The Commission finds that amend and amplify his allegations in support his claim of the availability of the petitioner has standing as a “party support of the-requested Carroll issue. $44,000 with a personal balance sheet, in interest” under section 309(d)(1) of The Commission now has before it for and the financial information on file is the Communications Act of 1934, as consideration the pleadings of the peti­ not current. Based on the applicant’s amended, and § 1.580 (i) of the Commis­ tioner, as amended, and the response estimate, the cost of construction and sion’s rules. FCC v. Sanders Brothers thereto submitted by the applicant. first year’s operation will be approxi­ Radio Station, 309 U.S. 470, 9 RR 2008 5. The Commission has considered the mately $46,000. Because of the absence (1940). contentions of the parties, as amended, of current information on the applicant’s and is of the opinion that the petitioner financial position, an issue will be speci­ 3. A formal opposition to the original fied to determine the present availability petition to deny was not filed. However, has met the burden of pleading to the ex­ tent required by Folkways Broadcasting of funds to meet construction costs and on July 26, 1963, the applicant did file a initial operating expenses. letter opposition to the petition, in which Co., Inc. v. FCC, 8 RR 2d 2089. In its he states that since the petition was not response to the Commission inquiries, 7. The petitioner alleges, in its petition sent via airmail, he did not respond to it. the petitioner alleged specific facts and to deny, that the percentage breakdowns This letter was not served on the peti­ drew conclusions which were reasonably in the program section of the application tioner even though it contained material related to these factual allegations. In bore little relationship to the program opposing the petition. On August 30, sum, petitioner has offered to prove that schedule contained in the application. 1963, the Commission sent a letter to the economic effect of a new station in Pétitioner then asserts the conclusion the applicant pointing out deficiencies in Tucumcari, N. Mex., would be detri­ that the Commission cannot find that the application. The applicant amended mental to the public interest because it any steps were taken to ascertain the his application on September 5, 1963. would create a situation in which neither program needs of the community. In While this information was not served licensee would be able to provide ade­ his amendment of September 5, 1963, the on the petitioner, KTNM ’s counsel did quate public service to the area. Al­ applicant submitted a revised program acknowledge that it had examined the though the burden of proof on the peti­ schedule and statistical analysis. As a amendment, and on November 7, 1963, tioner is heavy, it was not required to result of the submission of the amend­ filed a pleading entitled “Statement with prove its case prior to hearing. All that ment, the petitioner takes the position Respect to Petition to Deny”. Since the is required at this stage to warrant the that its analysis of the amendment con­ letter opposition was not served on peti­ specification of the Carroll issue is that firms its doubt that any serious study tioner, it will not be considered in the the petitioner allege facts which prima has been given to the program needs of disposition of the case. However, any facie indicate that a grant of the appli­ the area and states that many of the data contained in the letter which has cation would not serve the public interest. programs proposed by the applicant are been repeated in the amendment re­ The Commission is of the view that the presently broadcast by KTNM. In reply ceived September 5, 1963, will be con­ petitioner has raised substantial and ma­ to the petitioner’s contention, the appli­ sidered. in any event, the applicant’s terial questions of fact concerning the cant argues that he has ascertained the contention that failure to serve this ability of the Tucumcari market to sup­ needs and interests of the community by Pleading by airmail voids the pleading port another standard broadcast station contacts with community leaders and must be rejected. At most, failure to without a net loss or degradation of serv­ residents, that he has been a resident of serve a pregrant petition to deny by air­ ice to the community. These questions Tucumcari and has been engaged in op­ mail would require the grant of addi­ can only be resolved in an evidentiary erating a radio-TV business there and tional time to respond to the pleading. hearing. Accordingly, the Carroll issue has gained experience as a former staff will be specified. The burden of proof member of Station K S YX in Santa Rosa, 1 According to the 1960 U.S. Census, and proceeding with the introduction of N. Mex. The applicant also states that fucumcari has a population of 8,143 and evidence will be placed on the petitioner. the proposed manager of the station has Wiay County, in which it is located, has a 6. Petitioner also requests inclusion of had experience with both KTNM and population of 12,279. an issue to determine whether the appli­ KSYX. The Commission finds, in this

No. 35- FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3114 NOTICES instance, that, in view of the dispute I t is further ordered, That, in the event mv/m coverage to include all of Phila­ over this question and the general nature of a grant of the application, the con­ delphia as well as some increase in the of the applicant’s description of his sur­ struction permit shall contain the fol­ immediate suburbs and rural areas of vey, the matter can best be resolved by lowing condition: Pending a final deci­ Philadelphia, thus raising a presumption specifying the issue requested by the sion in Docket No. 14419 with respect to that the applicant is realistically pro­ petitioner. presunrise operation with daytime fa­ posing to serve the; city rather than 8. Except as indicated by the issuescilities, the present provisions of § 73.87 Norristown.1 specified below, the applicant is qualified of the Commission’s rules are not ex­ 3. In amendments filed June 3 and to construct and operate the proposed tended to this authorization, and such June 20, 1966, the applicant submitted station. However, the Commission is operation is precluded. data and arguments in an attempt to unable to make the statutory finding that It is further ordered, That, to avail rebut the aforesaid presumption. How­ a grant of the application would serve themselves of the opportunity to be ever, after examination of this material, the public interest, convenience, and heard, the applicant and party respond­ the Commission finds that the applicant necessity, and is of the opinion that the ent herein, pursuant to § 1.221(c) of the has failed to rebut the presumption and application must be designated for hear­ Commission’s rules, in person or by at­ that an evidentiary hearing must be ing on the issues set forth below. torney, shall, within 20 days of the mail­ held to explore the matter further. Accordingly, it is ordered, This 8th day ing of this order, file with the Commis­ 4. Except as indicated by the specified of Februray 1967, that, pursuant to sec­ sion in triplicate, a written appearance issues below, the applicant is qualified; tion 309(e) of the Communications Act stating an intention to appear on the however, in view of the foregoing, the of 1934, as amended, the application is date fixed for the hearing and present Commission is unable to find that a designated for hearing, at a time and evidence on the issues specified in this grant of the application would serve the place to be specified in a subsequent or­ order. public interest, convenience, and neces­ der, upon the following issues: It is further ordered, That the appli­ sity, and is of the opinion that it must be 1. To determine whether there are cant herein shall, pursuant to section designated for hearing on the issues set adequate revenues to support more than 311(a) (2) of the Communications Act of forth below. one standard broadcast station in the 1934, as amended, and § 1.594 of the Accordingly, it is ordered, That, pur­ area without net loss or degradation of Commission’s rules, give notice of the suant to section 309(e) of the Commu­ standard broadcast service to such area. hearing within the time and in the man­ nications Act of 1934, as amended, that 2. To determine, with respect to the ner prescribed in such rule, and shall the application is designated for hear­ applicant’s financial proposal: advise the Commission of the publica­ ing, at a time and place to be specified (a) The basis of the applicant’s— tion of such notice as required by § 1.594 in a subsequent order, upon the follow­ (1) Estimate of construction costs, and (g) of the rules. ing issues: 1. To determine the areas and popu­ (2) Estimated operating expenses for Released: February 16, 1967. the first year of operation; lations which would receive service from (b) The applicant’s current financial F ederal C ommunications the proposed operation of the applicant position and whether sufficient funds are C o m m is s io n ,2 - and availability of other primary service available to meet the cost of construc­ [ s e a l ! B e n F. W a p l e , to such areas and populations. tion and 1 year’s operation of the pro­ Secretary. 2. To determine whether the proposal posed station; [F.R. Doc. 67-1980; Filed, Feb. 20, 1967; of Norristown Broadcasting Co., Inc., (c) The basis for the applicant’s esti­ 8:49 a.m.] will realistically provide a local trans­ mate of revenues in his first year of op­ mission facility for its specified station eration, whether such estimate is reason­ [Docket No. 14952; FOC 67-186] location or for another larger commun­ able, the extent to which net operating ity, in the light of all the relevant evi­ revenues may be relied upon to yield NORRISTOWN BROADCASTING CO., dence, including but not necessarily necessary funds for the initial construc­ INC. (WNAR) limited to, the showing with respect to: tion and 1 year’s operating cost; (a) The extent to which the specified Memorandum Opinion and Order station location has been ascertained by

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 NOTICES 3115

populous community for which it is de­ Released: February 16,1967. tion filed by KISD, Inc., licensee of Sta­ termined that the proposal will real­ tion KISD, Sioux Falls, S. Dak.1 F ederal C ommunications istically provide a local tranmission 2. Petitioner claims standing to op­ C o m m is s io n , service, namely Philadelphia, Pa. pose a grant of the application on the 4. To determine, in the light of the [ s e a l ] B e n F . W a p l e , Secretary. basis of the fact that KISD, Inc., is the evidence adduced pursuant to the fore­ licensee of standard broadcast Station going issues, whether a grant of the ap­ [P.R. Doc. 67-1982; Piled, Peb. 20, 1967; KISD which will compete with the pro­ plication would serve the public in­ 8:50 a.m.] posed station for listening audience and terest, convenience, and necessity. advertising revenue. The Commission It is further ordered, That, to avail it­ [Docket Nos. 17029, 17030, PCC 67M-262] finds that applicant has standing as a self of the opportunity to be heard, the party in interest pursuant to section applicant, pursuant to § 1.221(c) of the RUSSEL SH A FFER AND INTERNA­ 309(d)(1) of the Communications Act Commission’s rules, in person or by at­ TIONAL ELECTRONIC DEVELOP­ of 1934, as amended, and § 1.580(1) of torney, shall, within twenty (20) days MENT CORP. the Commission’s rules. Federal Com­ of the mailing of this order, file with the munications Commission v. Sanders Commission in triplicate, a written ap­ Order Regarding Procedural Dates Bros. Radio Station, 309 U.S. 470 (1940). pearance stating an intention to appear In re applications of Russel Shaffer, 3. KISD requests that the application on the date fixed for the hearing and Boulder, Colo., Docket No. 17029, File No. be designated for hearing to determine present evidence on the issues specified BPH-5337; International Electronic De­ whether a grant of the application is in in this order. velopment Corp., Boulder, Colo., Docket contravention of the duopoly and con­ It is further ordered, That the appli­ No. 17030, File No. BPH-5432; for con­ centration of control provisions of § 73.35 cant herein shall, pursuant to section struction permits. of the Commission’s rules; the efforts 1.594 of the Commission rules, and sec­ The Hearing Examiner having under made by the applicant to ascertain the tion 311(a) (2) of the Communications consideration the “Petition for Exten- needs and interests of the area to be Act of 1934, as amended, give notice of * sion of Dates” filed on February 10,1967, served and how the applicant proposes the hearing, within the time and in the by Russel Shaffer, one of the parties in to meet such needs and interests, Henry manner prescribed in such rule, and shall the above-entitled proceeding, request­ et al. (Suburban Broadcasters) v. Fed­ advise the Commission of the publica­ ing a 30-day extension of time for the eral Communications Commission, 112 tion of such notice as required by pertinent dates respecting further pro­ U.S. App. D.C. 257, 302 F. 2d 191, 23 RR § 1.594(g) of the rules. ceedings in this matter; 2016 (1962) ; whether there are adequate It is further ordered, That in the event revenues to support a fourth commercial of a grant of this application the con­ It appearing, that said petition states standard broadcast station in Sioux struction permit shall include the fol­ that counsel for all other parties to this Falls without a loss or degradation of lowing condition: Subsequent to the in­ proceeding have consented to the im­ service to the area, Carroll Broadcast­ stallation and adjustment of the day­ mediate consideration and grant there­ ing Co. v. Federal Communications time directional antenna system and of; and that good cause has been shown therefor; Commission, 103 U.S. App. D.C., 346, prior to the authorization of program 258 F. 2d 44Q, 17 RR 2066 (1958); and tests, sufficient field intensity measure­ It is ordered, This 15th day of Feb­ whether, in the light of the evidence ment data shall be made on the nighttime ruary 1967, that the above-mentioned adduced on the adequacy of revenue directional antenna system to establish petition for extension of dates, be, and question, the applicant is financially that the nighttime radiation pattern re­ the same is, hereby granted; and that the qualified to construct and operate the mains adjusted within authorized limits. exchange of exhibits presently scheduled proposed station in the manner proposed. Adopted: February 8,1967. for February 20, 1967, is hereby resched­ 4. Much of what has been alleged is uled for March 20, 1967; that the notifi­ supported by statements signed under Released: February 16,1967. cation of witnesses presently scheduled oath by Verl Thomson, former president F ederal C ommunications for February 27, 1967, is hereby resched­ and controlling stockholder of KISD, Inc. On September 9, 1966, the Com­ C o m m is s io n ,1 uled for March 27,1967; and the hearing [ seal] B e n F. W a p l e , mission approved a transfer of control presently scheduled for March 8, 1967, is Secretary. from Thomson to new principals, and hereby rescheduled for April 11, 1967. the transfer was consummated on Octo­ [F.R. Doc. 67-1981; Piled, Peb. 20, 1967; 8:50 a.m.] Released: February 16, 1967. ber 1, 1966. By letter of October 25, 1966, counsel for the new owners advised F ederal C ommunications the Commission that the new manage­ [Docket No. 14952; PCC 67M-259] C o m m is s io n , ment adopts the pleadings filed by the [ s e a l ] B e n F . W a p l e , former owner and intends to continue NORRISTOWN BROADCASTING CO., Secretary. to oppose the Sioux Empire application. INC. (WNAR) [F.R. Doc. 67-1983; Plied, Peb. 20, 1967; 5. KISD urges that a hearing is neces­ Order Scheduling Hearing 8:50 a.m.] sary on the question of whether a grant of the application would be in contra­ In re application of Norristown Broad­ vention of the duopoly provisions of casting Co., Inc. (W NAR), Norristown, [Docket No. 17174; PCC 67-180] § 73.35(a) of the Commission’s rules, and Pa., Docket No. 14952, File No. BP-12902; in support of this contention alleges that for construction permit. SIOUX EMPIRE BROADCASTING CO. If is ordered, This 13th day of Feb- 1 Also before the Commission are the fol­ Memorandum Opinion and Order lowing related pleadings: The applicant’s uary 1967, that Basil P. Cooper shall serve Designating Application for Hear­ as Presiding Officer in the above-entitled opposition to the petition and KISD’s re­ ing on Stated Issues ply; a supplement to K ISD’s petition, a proceeding; that the hearings therein second and third supplement, both filed by snail be convened on April 24, 1967, at In re application of Eider C. Stang- KISD; a further opposition filed by the appli­ *o a.m.; and that a prehearing confer­ land and Wallace L. Stangland, doing cant and further reply filed by KISD; and ence shall be held on March 17, 1967, KISD’s fourth supplement to the original commencing at 9 a.m.: And, it is further business as Sioux Empire Broadcasting petition. Section 1.45 does not contem­ h^Te-d’ Tha* all Proceedings shall be Co., Sioux Falls, S. Dak., Docket No. plate the filing of pleadings after a peti­ 17174, File No. BP-15191; Requests: 1520 tioner’s reply. However, K ISD’s supple­ w u, offices of the Commission, mentary pleadings contain comments on new Washington, D.C. kc, 500 w, Day; for construction permit. matter for the most part and, in one in­ 1. The Commission has before it the stance, a supplement was filed by leave of above-captioned and described applica­ the Commission. Therefore, all allega­ mp^f°«imlssioner Johnson’s concurring state- tions and supporting documents have been, nled as part of the original document. tion and a petition to deny the applica­ considered.

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3116 NOTICES

the proposed 1.0 mv/m contour would trol within the meaning of § 73.35(a) of applicant’s representations. This show­ overlap the 1.0 mv/m contour of Station the Commission’s rules under the cir­ ing, standing alone, does not provide a KTWA, Sheldon, Iowa, of which Eider C. cumstances in this case. sufficient basis for questioning the credi­ Stangland, one of the partners, is the in­ 9. In support of its request for an is­ bility of the applicant’s proposal. The dividual licensee. KISD has submitted sue to determine the efforts of the appli­ Commission finds that no material or field intensity measurements along two cant to ascertain the needs and in­ substantial questions of fact have been radials. These measurements of the terests of the area to be served, the presented which would warrant the K IW A signal show that the KTWA 1.0 petitioner alleges that the applicant’s specification of an issue concerning the mv/m contour will extend 32 miles in program proposal is identical to the pro­ reliability of the applicant’s Sioux Falls the direction of Sioux Falls, and accord­ gram service proposed in the original ap­ program representations. ing to KISD, indicate prohibited over­ plication for the construction permit of 11. The petitioner, in its original peti­ lap of the proposed 1.0 mv/m contour K IW A in Sheldon which was filed on tion to deny the application, requested for a distance of 5.1 miles. September 19, 1958. The petitioner that a Carroll issue (Carroll Broadcast­ 6. Subsequently, the applicant pro­ points out that there are several broad­ ing Co. v. Federal Communications Com­ ceeded to make field intensity measure­ cast facilities in Sioux Falls (popula­ mission, supra) be specified on the ments along the same radials and at es­ tion— 65,466) and one broadcast sta­ ground that the revenues in the area are sentially the same points utilized by tion (K IW A ) in Sheldon (population— inadequate to support a fourth broad­ the petitioner. These measurements 4,251). In view of the foregoing, cast station without a net loss or degra­ consists of two independent sets of data. petitioner asserts that it cannot be de­ dation of service to the area. The Mis- The two sets of data submitted by the termined whether the applicant has as­ souri-Hlinois Broadcasting Co. case, 1 applicant are essentially in agreement certained the needs and interests of the RR 2d 1 (1963) was remanded to the and indicate that the K IW A 1.0 mv/m public in Sioux Falls and whether the Commission sub nom. KGMO Radio- contour does not extend more than 24 applicant’s proposal would meet those Television, Inc., v. Federal Communica­ miles along either radial toward Sioux needs. Petitioner also urges that a sur­ tions Commission, 119 U.S. App. DC 1 Falls. On this basis, the proposed and vey which the applicant claims to have 336 F. 2d 920, 2 RR 2d 2057 (1964) with the K IW A 1.0 mv/m contours would be made has not been related to the pro­ instructions to give KGMO an oppor­ separated by approximately 3 miles. gram proposal. The applicant concedes tunity to amplify its allegations in sup­ 7. In view of the discrepancy between that the program schedule, insofar as port of its request for the specification the one set of KISD measurements on titles, program categories and percent­ of a Carroll issue on the ground that the one hand and the applicant’s two sets age analysis are concerned, is identical KGMO did not have notice of the new of data on the other, all the data on each with the original K IW A proposal, but the pleading requirements necessary to sup­ radial were analyzed together. Jeanette applicant contends that similarity in port a Carroll issue. The Commission's Broadcasting Co., 19 RR 480. .The Com­ program titles does not mean similarity action on the remand is contained in the mission’s analysis discloses that the two in program content and that the content Missouri-Illinois Broadcasting Co. case, contours are tangent, and, accordingly, of the programs are different so as to 3 RR 2d 232 (1964). In the latter case, no violation of § 73.35(a) of the rules is take into account the particular needs the Commission listed the type of mate­ indicated. of Sioux Falls. Eider C. Stangland, one rial that a petitioner should submit in 8. The petitioner also claims that a of the partners and a resident of Sioux support of the request for a Carroll issue. grant of the application would result in Falls, claims to have investigated the Since the petitioner herein did not have needs of the area by personal contacts a concentration of control of standard notice of these new pleading require­ with residents. Mr. Stangland has also broadcast stations in a manner incon­ ments, it was given an opportunity to sistent with the public interest in viola­ had broadcast experience in Sioux Falls. amend and amplify its allegations. The tion of § 73.35(b) of the Commission’s The applicant submitted the results of Commission now has before it for con­ interviews with community leaders sideration the pleadings of the petitioner rules. It is alleged that the proposed which, according to the applicant, con­ station in Sioux Falls and the commonly and the applicant, as amended. firmed the validity of the program pro­ owned station, KIW A, are within the 12. The Commission has considered posal. The applicant has not clearly same trade and market area. The appli­ the contentions of the petitioner and the indicated the manner in which the re­ cant contests this allegation. However, applicant, as amended, and is of the sults of the interviews relate to the orig­ assuming, arguendo, that Station K IW A opinion that the petitioner has met the inal statement of program service which burden of pleading to the extent re­ and the proposed station are located in remains unaltered since the date it was the same trade and market area, this quired by Folkways Broadcasting Co., originally submitted. This fact to­ Inc., v. FCC, 8 RR 2d 2089. In its re­ fact, standing alone, would not necessi­ gether with the dispute between the ap­ tate the specification of the requested sponse to the Commission inquiries, the plicant and the petitioner over the ade­ issue. The petitioner has not raised any petitioner alleged specific facts and drew quacy of the applicant’s basis for the other facts sufficient to raise a substan­ conclusions which were reasonably re­ program proposal persuades the Com­ tial and material question under § 73.35 lated to these factual allegations. In mission that an issue should be specified (a) of the rules. In determining whether sum, petitioner has offered to prove that to permit the applicant to submit evi­ there is such a concentration of control, the economic effect of a new station in dence on its efforts to ascertain the Sioux Falls would be detrimental to the the Commission considers such factors needs, interests and desires of the pub­ as the size, extent and location of areas public interest because it would result in lic, the adequacy of those efforts and the served, the number of people served, a net loss or degradation of public serv­ manner in which those needs as deter­ ice to the area. Although the burden of classes of stations involved and the ex­ mined by the applicant will be met. tent of other competitive services in the proof on the petitioner is heavy, it is not Since this question involves matters required to prove its case prior to hear­ area in question' The petitioner, in its within the peculiar knowledge of the ap­ “ Third Supplement to Petition to Deny” ing. All that is required at this stage plicant’s principals, the burden of pro­ to warrant the specification of the Carroll indicated that there are three competing ceeding with the introduction of the standard broadcast stations presently issue is that the petitioner allege facts evidence and the burden of proof shall which prima facie indicate that a grant licensed in Sioux Falls as well as one FM be upon the applicant. station and two television stations. The of the application would not serve the 10. The petitioner also attacks the re­ public interest. The Commission is of petitioner also alleges that there was a liability of the applicant’s programing competing standard broadcast station the view that the petitioner has raised representations. In support of this con­ substantial and material questions of fact located in Yankton, S. Dak. (located ap­ tention, the petitioner relies on its ob­ proximately 55 miles from Sioux Falls). concerning the ability of the Sioux Falls servations during 1 day’s monitoring of market to support another standard In view of the availability of other serv­ Station K IW A on July 14, 1964. The broadcast station without a net loss or ices in the area and the petitioner’s fail­ petitioner reports that the actual sched­ ure to adequately support its contention, ule for this day did not correspond with degradation of service to the community. the Commission finds that there is no the proposed schedule and that this re­ These questions can only be resolved in question of undue concentration of con­ flects adversely on the credibility of the an evidentiary hearing. Accordingly, the

FEDERAL REGISTER, V O L 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 NOTICES 3117

Carroll issue will be specified. The bur­ going issues, whether a grant of the ap­ It is ordered, This 13th day of Febru­ den of proceeding with the introduction plication would serve the public interest, ary 1967, that Forest L. McClenning shall of the evidence and the burden of proof convenience and necessity. serve as Presiding Officer in the above- will be placed on the petitioner. It is further ordered, That the Peti­ entitled proceeding; that the hearings 13. The petitioner urges that, in view tion to Deny the application filed by therein shall be convened on April. 24, of the alleged inadequacy of available KISD, Inc., is granted to the extent in­ 1967, at 10 a.m.; and that a prehearing revenues, the applicant’s estimate of op­ dicated above and is denied in all other conference shall be held on March 14, erating revenues ($58,000) are unreal­ respects. 1967, commencing at 9 aon.: And, it is istic. On the basis of this allegation, the It is further ordered, That KISD, Inc., further ordered, That all proceedings petitioner requests the specification of an is made a party to the proceeding. shall be held in the offices of the Com­ issue to determine whether the applicant It is further ordered, That the burden mission, Washington, D.C. is financially qualified to construct and of proceeding with the introduction of Released: February 16, 1967. operate as proposed. The petitioner has the evidence and the burden of proof not made a clear showing that the esti­ with respect to Issue No. 1 shall be upon F ederal C ommunications mates are unrealistic and, therefore, the the applicant and the burden of pro­ C o m m is s io n , Commission will not permit the peti­ ceeding with the introduction of evidence [ s e a l ] B e n F. W a p l e , tioner’s judgment to be substituted for and the burden of proof with respect to Secretary. that of the applicant. The applicant has Issue No. 2 shall be upon KISD, Inc. [F.R. Doc. 67-1985; Filed, Feb. 20, 1967; demonstrated to the satisfaction of the It is further ordered, That, in the event 8:50 a.m.] Commission that it is financially quali­ of a grant of the application, the con­ fied to construct and operate the pro­ struction permit shall contain the fol­ posed station for 1 year without revenues. lowing condition: Pending a final de­ [Docket Nos. 16924-16926; FCC 67M-266] Approximately $48,186 will be required to cision in Docket No. 14419 with respect SUNSET BROADCASTING CORP. ET A L cover the down payment on equipment, to presunrise operation with daytime land, buildings, miscellaneous expenses facilities, the present provisions of Order Scheduling Further Prehearing and 1 year’s working capital. They will § 73.87 of the Commission’s rules are not Conference contribute $20,000 as original partnership extended to this authorization, and such capital and have demonstrated their operation is precluded. In re applications of Sunset Broadcast­ ability to meet their respective commit­ It is further ordered, That, to avail ing Corp., Yakima, Wash., Docket No. ments. A bank loan of $30,000 is avail­ themselves of the opportunity to be 16924, File No. BPCT-3478; Apple Valley able, and a personal loan by one of the heard, the applicant and party respond­ Broadcasting, Inc., V Yakima, Wash., partners of $5,000 is also available. An ent herein, pursuant to § 1.221(c) of the Docket No. 16925, File No. BPCT-3648; equipment manufacturer has extended Commission’s rules, in person or by at­ Northwest Television & Broadcasting Co. credit of $12,585 with a down payment of torney, shall, within 20 days of the mail­ (a joint venture), Yakima, Wash., Dock­ 2i percent and the balance payable over ing of this order, file with the Commis­ et No. 16926, File No. BPCT-3672; for a 36-month period. Accordingly, the ap­ sion in triplicate, a written appearance construction permit for new television plicant ,is financially qualified. Ultra­ stating an intention to appear on the broadcast station at Yakima, Wash. vision Broadcasting Co., 1 FCC 2d 544, date fixed for the hearing and present A prehearing conference having been 5 RR 2d 343 (1965). evidence on the issues specified in this held on February 15, 1967; 14. There remains no other material or order. It appearing, that thè applicants an­ substantial question of fact which would It is further ordered, That the appli­ ticipate the prompt filing for Commis­ warrant the specification of issues in this cant herein shall, pursuant to section sion approval of an agreement of merger, and that they should be afforded a rea­ proceeding. Accordingly, KISD’s peti­ 311(a) (2) of the Commuhications Act of tion will be granted to the extent indi­ sonable opportunity to fulfill that antici­ cated above and will be denied in all 1934, as amended, and § 1.594 of the pation prior to the establishment of other respects. Commission’s rules, give notice of the procedural dates; 15. Except as indicated by the issues hearing, within the time and in the I t is ordered, This 15th day of Feb­ specified below, the applicant is qualified manner prescribed in such rule, and shall ruary 1967, that a further prehearing in all respects to construct, own and advise the Commission of the publica­ conference herein shall convene on operate the proposed station. However, March 10, 1967, at 9 a.m., in the offices tion of such notice as required by § 1.594 for the reasons indicated above, the of the Commission at Washington, D.C. (g) of the rules. Commission is unable to make the stat­ Released: February 16, 1967. utory finding that a grant of the appli­ Released: February 16,1967. cation would serve the public interest, F ederal C ommunications F ederal C ommunications convenience and necessity, and is of the C o m m is s io n , opinion that the application must be C o m m is s io n ,1 [ s e a l ] B e n F . W a p l e , designated for hearing on the issues set [ s e a l ] B e n F. W a p l e , Secretary. Secretary. forth below. [F.R. Doc. 67-1986; Filed, Feb. 20, 1967; Accordingly, it is ordered, 4This 8th [F.R. Doc. 67-1984; Filed, Feb. 20, 1967; 8:50 a.m.] day of February 1967, that, pursuant to .8:50 a.m.] section 309(e) of the Communications Act of 1934, as amended, the application [Docket No. 17174; FCC 67M-258] [Docket Nos. 17129-17136; FCC 67M-267] ~ designated for hearing, at a time and Place to be specified in a subsequent SIOUX EMPIRE BROADCASTING CO. UNICABLE, INC., ET AL. order, upon the following issues: Order Scheduling Hearing Order Scheduling Hearing T° determine the efforts made by me applicant to ascertain the program­ In re application of Eider C. Stang- In re petitions by Unicable, Inc., ing needs and interests of the area to be land and Wallace L. Stangland, doing Oswego, N.Y., Docket No. 17129, File No. erved and the manner in which the ap- business as Sioux Empire Broadcasting CATV 100-8; Auburn Cablevision Corp., Auburn, N.Y., Docket No. 17130, File No. p leant proposes to meet such needs and Co., Sioux Falls, S. Dak., Docket No. interests. - CATV 100-10; General Electric Cable- 17174, File No. BP-15191; for construc­ vision Corp., Auburn and Van Buren, ,2, To determine whether there are tion permit. aequatc revenues to support more than N.Y., Docket No. 17131, File No. CATV ree commercial standard broadcast 100-65; General Electric Cablevision Corp., Solvay, N.Y., Docket No. 17132, a r,1*11? *n area be served without 1 The statement in which Commissioner net loss or degradation of standard Bartley concurs in part and dissents in part File No. CATV 100-137; Newchannels Broadcast service to the area. and in which Commissioner Loevinger joins Córp., East Syracuse, N.Y., Docket No. filed as part of the original document and 17133, File No. CATV 100—112; Newchan­ evin/0 determine, in the light of the Commissioner Johnson’s concurring state­ mence adduced pursuant to the fore­ nels Corp., Camillus, N.Y., Docket No ment filed as part of the original document. 17134, File No. CATV 100-124; for au-

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3118 NOTICES thority pursuant to § 74.1107 of the rules of the Commission’s rules of their inten­ 3. KSN submits financial information to operate CATV systems in the Syra­ tion to commence operation of CATV to support its argument that KCKT has cuse Television Market; in re applica­ systems in Russell; Hays; and Great been only marginally profitable. Al­ tions of Eastern Microwave, Inc., Van Bend, Hoisington and Larned, Kans., re­ though KSN concedes that overall oper- i Buren, N.Y., Docket No. 17135, Pile No. spectively. Kansas State Network, Inc. ation of its stations has been profitable, 4704-C1-P-66; Eastern Microwave, Inc., (K S N ), licensee of Television Broadcast it urges that a proper accounting allo­ Camillus, N.Y., Docket No. 17136, File No. Station KCKT, Great Bend, Kans., has cation of its revenues and expenses in- i 4879-C1-P-66; for construction permits opposed each notification by filing, pur­ dicates that K C K T most recently has : for new point-to-point microwave radio suant to § 74.1109 of the rules, a “Petition shown a profit at the rate of approxi­ stations. of Kansas State Network, Inc., for Tem­ mately $15,000 a year. Consequently, 1 It is ordered, This 15th day of Febru­ porary and Permanent Relief Against KSN opposes the importation of distant ; ary 1967, that Chester F. Naumowicz, Jr., Importation of Distant Signals,” and the signals on the proposed CATV systems \ shall serve as Presiding Officer in the parties have filed further pleadings on the ground of economic impact.2 above-entitled proceeding; that the which are considered below. We treat 4. As is frequently the case in eco­ hearings therein shall be convened on these matters together for reasons which nomic impact cases, KSN’s underlying April 26, 1967, at 10 a.m.; and that a should be clear from the following assumptions leave lingering doubts, such prehearing conference shall be held on discussion. as: Whether only the “net KCKT Grade March 15, 1967, commencing at 9 a.m.; 2. KSN is the licensee of TelevisionB area” is the proper measure of KCKT’s And, it is further ordered, That all pro­ Broadcast Stations KARD-TV, Wichita; circulation or profitability; whether ceedings shall be held in the offices of the KCKT, Great Bend; KGLD-TV, Garden KSN’s accounting allocations are correct; Commission, Washington, D.C. City, Kans.; and KOMC-TV, McCook, and whether—in this market—KSN’s Nebr.: the last three stations are semi­ estimates of the cost of CATV competi­ Released: February 16, 1967. satellites of KARD-TV. KSN calculates tion are realistic, particularly since F ederal C ommunications that there are approximately 277,049 KCKT is a semisatellite. But whatever C o m m is s io n , persons within K C K T’s predicted Grade our final decision, KSN’s allegations and [ s e a l ] B e n F. W a p l e , B contour, but urges that for purposes supporting documentation evoke suffi­ Secretary. of assessing impact on KC K T the Com­ cient concern to require evidentiary hear­ [F.R. Doc. 67-1987; Filed, Feb. 20, 1967; mission should consider only the area ing as a precondition to the resolution, 8:50 a.m.] where K C K T’s predicted contour is not and the opposing arguments, largely de­ overlapped by K ARD -TV’s predicted void of similar documentation, must be Grade B contour: there are an estimated rejected. Hearing will therefore be or­ [Docket Nos. 17181-17183; FCC 67M-245] 159,978 persons in this “net KC K T Grade dered. UNITED TRANSMISSION, INC., ET AL. B area,” but there are only eight towns 5. The remaining question for decision in this area with populations of 2,500 or is whether interim relief should be Order Scheduling Hearing more persons: granted the CATV proponents. As KSN’s proof indicates (paragraph 2 In re: United Transmission, Inc,, Rus­ City Popu­ Predicted Television above, the communities involved do not sell, Kans., Docket No. 17181; Kays, Inc., lation Service1 receive either full network service or edu­ Hays, Kans., Docket No. 17182; Cobb & cational television service off-the-air. Associates, Inc., Great Bend, Hoisington Great Bend--- 16,670 KAYS-TV, KTVH, We are not persuaded that KCKT is in and Lamed, Kans., Docket No. 17183; KCKT.2 such fragile condition as to require in­ requests for special relief filed pursuant Ellinwood___ 2,729 KTVH, KCKT. Hays.______11,947 KAYS-TV, KCKT.2 sulation from any competition whatever, to § 74.1109 of the Commission’s rules. Hoisington___ 4,248 KAYS-TV, KTVH, and we will therefore allow the proposed It is ordered, This 13th day of Feb­ "KCKT.2 Larned...... - - 5,001 KAYS-TV, KTVH, CATV systems to commence operation at ruary 1967, that Elizabeth C. Smith shall KCKT. once with a choice of network service and serve as Presiding Officer in the above- Plainville____ 3,104 KAYS-TV, KCKT. Russell______6,113 KAYS-TV, KCKT.2 one educational signal. entitled proceeding; that the hearings Salina______43,202 KTVH, KCKT.2 Accordingly, it is ordered, This 8th day therein shall be convened on April 18, of February 1967, that United Transmis­ 93,014 1967, at 10 a.m.; and that a prehearing Total____ sion, Inc., is authorized to commence op­ conference shall be held on March 20, eration of its proposed CATV system at 1967, commencing at 9 a.m.: And, it is 1 The relevant network affiliations are: KTVH, and KAYS-TV which rebroadcasts it, are CBS; KAK E-TV Russell, Kans., carrying the signals of further ordered, That all proceedings is ABC; and K CKT is NBC. only the following television broadcast shall be held in the offices of the Com­ 2 Also either served or proposed to be servedby UHF television broadcast translator station rebroadcasting stations: KAYS-TV, KCKT, KAKE-TV, mission, Washington, D.C. Station KAKE-TV, Wichita. and KTWU. Released: February 15,1967. Five of these communities are involved It is further ordered, That KAYS, Inc., is authorized to commence operation of F ederal C ommunications in the present dispute, and Salina al­ ready has an operating CATV system. its proposed CATV system at Hays, C o m m is s io n , The signals to be carried on the proposed Kans.p carrying the signals of only the [ s e a l ] B e n F. W a p l e , CATV systems are: following television broadcast stations: Secretary. KAYS-TV, KCKT, KAKE-TV, and Russell and Hays: KCKT (NBC), Great [F.R. Doc. 67-1988; Filed, Feb. 20, 1967; Bend; W D AF -T V (N B C ), Kansas City, KTWU. 8:50 a.m.] Mo.; K CM O -TV (C B S ), Kansas City, Mo.; It is further ordered, That Cobb & As­ KAYS-TV (CBS), Hays; KMBC-TV (ABC), sociates, Inc., is authorized to commence [Docket Nos. 17181-17183; FCC 67-194] Kansas City, Mo.; K T W U (Educ.), Topeka; operation of its proposed CATV systems KTVH (CBS), Hutchinson, Kans.; and at Great Bend, Hoisington, and Larned, UNITED TRANSMISSION, INC., ET AL. W IB W -T V (C B S ), Topeka. Kans., carrying the signals of only the Great Bend, Hoisington and Larned: following television broadcast stations: Memorandum Opinion and Order KCKT, KTVH, KAYS-TV, WDAF-TV, KAYS-TV, KTAH, KCKT, KAKE-TV, Instituting a Hearing KMBC-TV, WIBW-TV, and KTWU.1 The Salina CATV system offers its sub­ and KTWU. - It is further ordered, That, pursuant to In re: United Transmission, Inc., Rus­ scribers the following television signals: sell, Kans., Docket No. 17181; Kays, Inc., 'KTVH, WIBW-TV, KAKE-TV, KARD-TV, sections 4 (i), 303 and 307 (b) of the Com­ munications Act of 1934, as amended, Hays, Kans., Docket No. 17182; Cobb & KMBC-TV, KCMO-TV, WDAF-TV, and KCSD-TV. and § 74.1109 of the Commission’s rules, Associates, Inc., Great Bend, Hoisington a hearing is ordered on the following and Larned, Kans., Docket No. 17183; 1 KAKE-TV will be carried in Great Bend issues: requests for special relief filed pursuant and possibly ^Hoisington. In addition, the to § 74.1109 of the Commission’s rules. following stations may be substituted for 1. United Transmission, Inc., KAYS, other distant signals: KCSD-TV (Educ.), 2 With the single exception that KSN d Inc., and Cobb & Associates, Inc., have Kansas City, Mo., and KCM O -TV (C B S ), not oppose the carriage of KAKE-TV on given notification pursuant to § 74.1105 Kansas City, Mo. proposed Hays CATV system.

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 NOTICES 3119

1. To determine the present economic Released: February 15,1967. amended (39 Stat. 733, 75 Stat. 763, 46 situation of Television Broadcast Sta­ F ederal C ommunications U.S.C. 814). tion KCKT. C o m m is s io n , Interested parties may inspect and ob­ 2. To determine in view of the evidence I s e a l ] B e n F. W a p l e , tain a copy of the agreement at the introduced pursuant to Issue 1, above, Secretary. Washington office of the Federal Mari­ whether full operation of the above-cap­ time Commission, 1321 H Street NW., tioned CATV systems, as proposed in [F.R. Doc. 67-1990; Filed, Feb. 20, 1967; Room 609; or may inspect agreements at their § 74.1105 notifications, would have 8:50 a.m.] the offices of the District Managers, New an adverse economic impact on Televi­ York, N.Y., New Orleans, La., and San sion Broadcast Station KC K T and, if so, Francisco, Calif. Comments with refer­ whether such impact on Television ence to an agreement including a request Broadcast Station K C K T would have an FEDERAL MARITIME COMMISSION for hearing, if desired, may be submitted adverse effect on the public interest. NEDLLOYD LINES to the Secretary, Federal Maritime Com­ 3. In the event Issue 2 is resolved iii mission, Washington, D.C. 20573, within the affirmative, to determine whether- Notice of Petition Filed for Approval 20 days after publication of this notice in the F ederal R e g ister . A copy of any the public interest would be served by the Notice is hereby given that the follow­ full operation, or some portion thereof, as ing petition has been filed with the Com­ such statement should also be forwarded to the party filing the agreement (as proposed in their § 74.1105 notifications, mission for approval pursuant to section of any of the above-captioned CATV 14b of the Shipping Act, 1916, - as indicated hereinafter) and the comments should indicate that this has been done. systems. amended (75 Stat. 762, 46 U.S.C. 814). Notice of agreement filed for approval Kansas State Network, Inc., United Interested parties may inspect a copy by: Transmission, Inc., KAYS, Inc., and of the proposed contract form and of the Cobb & Associates, Inc., are made parties petition at the Washington office of the Mr. H. W. Conlan, Administrative Assistant to this proceeding, and to participate Federal Maritime Commission, 1321 H to the Vice President, United States Lines, Inc., 1 Broadway, New York, N.Y. 10004. must comply with the applicable provi­ Street NW., Room 609; or at the offices sions of § 1.221 of the Commission’s of the District Managers, New York, Agreement 9619, between United States rules. Petitioner will be expected to go N.Y., New Orleans, La., and San Fran­ Lines, Inc. (USL) and Nippon Yusen forward with Issues 1 and 2 and will have cisco, Calif. Comments with reference Kaisha (N Y K ) provides for the transpor­ the burden of proof on these issues. Re­ to the proposed contract form and the tation of cargo on through bills of lading spondents will be expected to go for­ petition including a request for hearing, from ports in Korea served by USL to ward with Issue 3 and will have the bur­ if desired, may be submitted to the Sec­ ports on the Pacific Coast of the United den of proof on it. A time and place for retary, Federal Maritime Commission, States, Gulf Coast of the United States, the hearing will be specified in another Washington, D.C. 20573, within 20 days and U.S. Great Lakes served by N YK order. after publication of this notice in the with transshipment at Yokohama and/or Accordingly, the documents entitled F ederal R e g ister . A copy of any such Kobe, Japan, under terms and conditions “Petition of Kansas State Network, Inc., statement should also be forwarded to set forth in the agreement. the party filing the proposed contract for Temporary and Permanent Relief Dated: February 16, 1967. Against Importation of Distant Signals” form and of the petition (as indicated are granted to .the extent indicated hereinafter), and the comments should By order of the Federal Maritime above, but are otherwise denied. indicate that this has been done. Commission. Notice of application to institute a T h o m a s L i s i * Released: February 16, 1967. dual rate system filed by : Secretary. F ederal C ommunications Mr. Stanley O. Sher, Bebchick and Sher, [F.R. Doc. 67-1966; Filed, Feb. 20, 1967; C o m m is s io n ,3 818 18th Street NW., Washington, D.C. 8:48 a.m.] [ seal] B e n F. W a p l e , 20006. Secretary. Notice of the application of the Ned- [F.R. Doc. 67-1989; Filed, Feb. 20, 1967; Uoyd Lines for permission to institute a 8:50 a.m.] contract rate system covering the move­ FEDERAL RESERVE SYSTEM ment of coffee from East African ports FIRST VIRGINIA CORP. [Docket No. 16865; FCC 67M-251] toU B . Pacific Coast ports was published in the F ederal R egister on February 14, Order Granting Determination Under VIDEO SERVICE CO. 1967, volume 32-30, page 2867. Bank Holding Company Act Order Continuing Prehearing By letter dated February 14, 1967, the filing party requested permission to in­ In the Matter of the application of The Conference clude the port of Vancouver, British Co­ First Virginia Corp., Arlington, Va., pur­ In re applications of Video Service Co., lumbia, in the contract rate system, and suant to section 4(c) (8) of the Bank Atlanta, Ga., Docket No. 16865, File Nos. the proposed dual rate contract has been Holding Company Act of 1956 for a deter­ 1816/17-C-1-P-66, CATV 100-101, for modified accordingly. mination re the expansion of the activi­ ties of First Virginia Life Insurance construction permits for new fixed Dated: February 16,1967. (video) radio stations at Lafayette and Agency, Inc. (formerly Mt. Vernon Insur­ Waynetown, Ind. (KSQ-36 and KSQ- T h o m a s L i s i , ance Agency, Inc.) (Docket No. BHC-80). w7), Secretai’y. The First Virginia Corp., Arlington, Va., a bank holding company within the Pursuant to the unanimous request of {F.R. Doc. 67-1965; Filed, Feb. 20, 1967; meaning of section 2(a) of the Bank f rP?’rk*es: ^ ordered, This 15th day 8:48 a.m.] Holding Company Act of 1956 (12 U.S.C. of February 1967, that the further pre- 1841(a) as amended by Public Law 89- heanng conference scheduled for today’s 485), filed a request for a determination aate is continued to March 15, 1967, at 2 UNITED STATES LINES, INC., AND P-m., in the Commission’s offices in Wash­ NIPPON YUSEN KAISHA by the Board of Governors of the Federal ington, D.C. Reserve System that the proposed ex­ Notice of Agreement Filed for panded activities of its subsidiary, First Approval Virginia Life Insurance Agency, Inc., are Barn116 Statemen* ln which Commissioners of the kind described in section 4(c) (8) ,and Loevinger concur in part and Notice is hereby given that the follow­ of the Act (12 U.S.C. 1843(c)(8)) and dopi,^ hied as part of the original ing agreement has been filed with the § 222.5(b) of the Board’s Regulation Y resni?eï r : Commissioner Cox concurs in the Commission for approval pursuant to (12 CFR 222.5(b)) so as to make it un­ it, Commissioner Lee absent. section 15 of the Shipping Act, 1916, as necessary for the prohibitions of section

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3120 NOTICES

4(a) of the Act with respect to shares in gated thereunder as applicable to the tificate) should be filed contemporane­ nonbanking companies to apply in order proposed transactions. All interested ously with the request. At any time after to carry out the purpose of the Act. persons are referred to the declaration, said date, the declaration, as filed or as it Pursuant to the requirements of section which is summarized below, for a com­ may be amended, may be permitted to 4(c) (8) of the Act and in accordance plete statement of the proposed trans­ become effective as provided in Rule 23 with the provisions of §§ 222.5(b) and actions. of the general rules and regulations pro­ 222.7(a) of the Board’s Regulation Y (12 Central Power proposes to issue and mulgated under the Act, or the Commis­ CPR 222.5(b), 222.7(a)), a hearing was sell to the banks named below, from time sion may grant exemption from such held on this matter on November 1, 1966. to time beginning about March 10, 1967, rules as provided in Rules 20(a) and 100 The Hearing Examiner filed his report its unsecured promissory notes in an ag­ thereof or take such other action as it and recommended decision1 on Janu­ gregate maximum amount to be out­ may deem appropriate. Persons who re­ ary 18, 1967, a copy of which is appended standing at any one time of $9 million as quest a hearing or advice as to whether hereto, wherein he recommended that follows: a hearing is ordered will receive notice the request be granted. The filing of Maximum of further developments in this matter, exceptions to the aforesaid report and Banks amounts including the date of the hearing (if recommended decision having been The First National Bank of ordered) and any postponements thereof. waived, the Board hereby adopts the Chicago, 111______— $4,500,000 For the Commission (pursuant to dele­ findings of fact, conclusions of law, and Bankers Trust Co., New York gated authority). recommendations embodied therein, and N.Y ______3,150, 000 on the basis thereof and of the entire Harris Trust & Savings Bank, [SEAL] ORVAL L . DUBOIS, record, Chicago, 111------1, 350, 000 Secretary. I t is hereby ordered, That the proposed Total ______9,000, 000 [F.R. Doc. 67-1938; Filed, Feb. 20, 1967; expanded activities of First Virginia Life 8:45 a.m.] Insurance Agency, Inc., are determined The promissory notes will be dated to be so closely related to the business of when issued, will mature not later than banking or of managing or controlling Tyear from the date of the first borrow­ [70-4456] banks as to be a proper incident thereto ings, and will bear interest to maturity PUBLIC SERVICE COMPANY OF and as to make it unnecessary for the at the prime rate of interest in effect at OKLAHOMA prohibitions of section 4(a) of the Bank The First National Bank of Chicago on Holding Company Act to apply in order the date of each such borrowing. Said Notice of Proposed Issue and Sale of to carry out the purposes of the Act: notes may be prepaid, in whole or in part, Principal Amount of Short-Term Provided, however, That this determina­ at any time without premium or penalty. Notes to Banks tion is subject to revocation if the facts The borrowings will be made and the upon which it is based should cease to proceeds used by Central Power from F ebr uar y 15, 1967. obtain in any material respect. time to time as required to finance part Notice is hereby given that Public of its construction expenditures, the total Dated at Washington, D.C., this 13th Service Company of Oklahoma (“Public amount of which for 1967 is estimated Service” ) , 600 South Main Street, Tulsa, day of February 1967. at about $30 million. Central Power Okla. 74102, a public-utility subsidiary By order of the Board of Governors.2 proposes to retire all of the short-term company of /Central and South West notes out of the net proceeds of securi­ [ s e a l] M erritt S h e r m a n , Oorp. (“ Central” ), a registered hold­ Secretary. ties to be issued as it may consider ap­ ing company, has filed a declaration with propriate in the light of market condi­ this Commission pursuant to the Public [F.R. Doc. 67-1936; Filed, Feb. 20, 1967; tions and as the Commission may au­ Utility Holding Company Act of 1935 8:46 a.m.] thorize. In the event of such permanent (“Act” ), designating sections 6 and 7 financing, the maximum amount of au­ thereof and Rule 50(a) (2) promulgated thorized short-term note indebtedness thereunder as applicable to the proposed to be outstanding at any one time with transactions. All interested persons are SECURITIES AND EXCHANGE banks or with' Central will be reduced referred to the declaration, which is sum­ by the net proceeds therefrom. marized below, for a complete statement COMMISSION The expenses to be incurred by Cen­ of the proposed transactions. [70-4457] tral Power are estimated at approxi­ Public Service proposes to issue and mately $400, not including the fee of sell to the banks named below, from time CENTRAL POWER AND LIGHT CO. counsel under a retainer agreement of to time beginning about March 10,1967, Notice of Proposed Issue and Sale of which $1,000 is allocated to the proposed its unsecured promissory notes in an Principal A m ount of Short-Term transactions. It is stated that no State aggregate maximum amount to be out­ commission and no Federal commission, standing at any one time of $7 million as Notes to Banks other than this Commission, has juris­ follows: H B Maximum | F e b r u a r y 15, 1967. diction over the proposed transactions. Banks amounts Notice is hereby given that Central Notice is further given that any inter­ The First National Bank of Chi­ Power and Light Co. (“Central Power” ) , ested person may, not later than March cago, 111-..-______- $2, 100,000 120 North Chaparral Street, Corpus 9,1967, request in writing that a hearing Bankers Trust Co., New York, Christi, Tex. 78403, a public-utility sub­ be held on such matter, stating the na­ NY ______1,400,000 sidiary company of Central and South ture of his interest, the reasons for such The First National Bank & Trust West Corp. (“ Central” ), a registered request, and the issues of fact or law Co. of Tulsa, Okla______1.400,000 holding company, has filed a declaration raised by said declaration which he de­ Harris Trust & Savings Bank, Chicago, 111____ ¿3______with this Commission pursuant to the sires to controvert; or he may request National Bank of Tulsa, Okla------1,050, uw Public Utility Holding Company Act of that he be notified if the Commission 1935 (“ Act” ) , designating sections 6 and should order a hearing thereon. Any Total ______\ * m 0 0 0 7 thereof and Rule 50(a)(2) promul- such request should be addressed: Secre­ tary, Securities and Exchange Commis­ The promissory notes will be dated la te r tna 1 Filed as part of the original document. sion, Washington, D.C. 20549. A copy when issued, will mature not Copies available upon request to the Board of such request should be served person­ 1 year from the date of the first borrow­ of Governors of the Federal Reserve System, ally or by mail (airmail if the person ings, and will bear interest to rnaturny Washington, D.C. 20551, or to the Federal being served is located more than 500 at the prime rate of interest in effect Reserve Bank of Richmond. miles from the point of mailing) upon The First National Bank of Chicago on 2 Voting for this action : Chairman Martin, declarant at the above-stated address, the date of each such borrowing, bam and Governors Shepardson, Mitchell, Daane, notes may be prepaid, in whole or m pa > Maisel, and Brimmer. Absent and not vot­ and proof of service (by affidavit or, in at any time without premium o r penai y. ing: Governor Robertson. case of an attorney at law, by cer­

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 NOTICES 3121

The borrowings will be made and the [70-4455] out of the net proceeds of securities to proceeds used by Public Service from SOUTHWESTERN ELECTRIC POWER be issued as it may consider appropriate time to time as required to finance part in the light of market conditions and as of its construction expenditures, the total CO. the Commission may authorize. In the amount of which for 1967 is estimated at Notice of Proposed Issue and Sale of event of such permanent financing, the about $19,400,000. Public Service pro­ Principal Amount of Short-Term maximum amount of authorized short­ poses to retire all of the short-term notes term note indebtedness to be outstand­ out of the net proceeds of securities to be Notes to Banks ing at any one time with banks or with issued as it may consider appropriate in F e b r u a r y 15,1967. Central will be reduced by the net pro­ the light of market conditions and as the Notice is hereby given that South­ ceeds therefrom. Commission may authorize. In the western Electric Power Co. (“Southwest­ The expenses to be incurred by South­ event of such permanent financing, the ern” ) , 428 Travis Street, Shreveport, western are estimated at approximately nummum amount of authorized short­ La. 71102, a public-utility subsidiary $400, not including the fee of counsel term note indebtedness to be outstand­ company of Central and South West under a retainer-agreement of which ing at any one time with banks or with Corp. (“ Central” ), a registered holding $1,000 is allocated to the proposed trans­ Central will be reduced by the net pro­ company, has filed a declaration with actions. It is stated that no State com­ ceeds therefrom. this Commission pursuant to the Public mission and no Federal commission, The expenses to be incurred by Public Utility Holding Company Act of 1935 other than this Commission, has juris­ Service are estimated at approximately (“Act” ), designating sections 6 and 7 diction over the proposed transactions. $400, not including the fee of counsel un­ thereof and Rule 50(a) (2) promulgated Notice is further given that any inter­ der a retainer agreement of which $1,000 thereunder as applicable to the proposed ested person may, not later than March is allocated to the proposed transactions. transactions. All interested persons are 9, 1967, request in writing that a hearing It is stated that no State commission referred to the declaration, which is sum­ be held on such matter, stating the na­ and no Federal commission, other than marized below, for a complete statement ture of his interest, the reasons for such this Commission, has jurisdiction over of the proposed transactions. the proposed transactions. request, and the issues of fact or law Southwestern proposes to issue and sell raised by said declaration which he de­ Notice is further given that any in­ to the banks named below, from time to sires to controvert; or he may request terested person may, not later than time beginning about March 10, 1967, its that he be notified if the Commission March 9, 1967, request in writing that a unsecured promissory notes in an aggre­ should order a hearing thereon. Any hearing be held on such matter, stating gate maximum amount to be outstanding such request should be addressed: Sec­ the nature of his interest, the reasons at any one time of $8 million as follows: retary, Securities and Exchange Com­ for such request, and the issues of fact Maximum mission, Washington, D.C. 20549. A copy Banks amounts of such request should be served person­ or law raised by said declaration which The First National Bank of Chi­ ally or by mail (airmail if the person he desires to controvert; or he may re­ cago, 111------$2, 300,000 being served is located more than 500 quest that he be notified if the Commis­ The First National Bank of miles from the point of mailing) upon sion should order a hearing thereon. Shreveport, La______1 ,400, 000 declarant at the above-stated address, Any such request should be addressed: Commercial National Bank in and proof of service (by affidavit or, in Shreveport, La______1, 280,000 case of an attorney at law, by certificate) Secretary, Securities and Exchange Com­ Bankers Trust Co., New York, mission, Washington, D.C. 20549. A N . Y ------1,000,000 should be filed contemporaneously with Continental Illinois National the request. At any time after said date, copy of such request should be served Bank & Trust Co. of Chicago, the declaration, as filed or as it may personally or by mail (airmail if the 111 ------7oo, 000 be amended, may be permitted to become person being served is located more than The State First National Bank of effective as provided in Rule 23 of the 500 miles from the point of mailing) Texarkana, Ark______280,000 general rules and regulations promul­ The Texarkana National Bank, gated under the Act, or the Commission upon declarant at the above-stated ad­ Texarkana, Tex______200, 000 dress, and proof of service (by affidavit First National Bank, Fayetteville, may grant exemption from such rules as provided in Rules 20(a) and 100 thereof or, in case of an attorney at law, by cer­ A r k ------— ------200,000 The First National Bank of Long­ or take such other action as it may deem tificate) should be filed contemporane­ view, Tex------200,000 appropriate. Persons who request a ously with the request. At any time Longview National Bank, Long­ hearing or advice as to whether a hearing after said date, the declaration, as filed view, Tex------;_____ 200,000 is ordered will receive notice of further Bossier Bank & Trust Go., Bos­ or as it may be amended, may be per­ sier City, La------80, 000 developments in this matter, including mitted to become effective as provided The. First National Bank, Mar­ the date of the hearing (if ordered) and any postponents thereof. in Rule 23 of the general rules and regu­ shall. T e x „ ------80,000 Louisiana Bank & Trust Co., lations promul'gatéd under the Act, or Shreveport, La______80, 000 For the Commission (pursuant to dele­ the Commission may grant exemption gated authority). T o ta l------____ 8, 000,000 from such rules as provided in Rules 20 [ s e a l ] O rval L . D u B o is , (a) and 100 thereof or take such other The promissory notes will be dated Secretary. action as it may deem appropriate. Per­ when issued, will mature not later than [F.R. Doc. 67-1940; Filed, Feb. 20, 1967; sons who request a hearing or advice as 1 year from the date of the first bor­ 8:46 a.m.] rowings, and will bear interest to matu­ to whether a hearing is ordered will re­ rity at the prime rate of interest in ceive notice of further developments in effect at The First National Bank of Chi­ this matter, including the date of the cago on the date of each such borrow­ INTERSTATE COMMERCE earing (if ordered) and any postpone­ ing. Said notes may be prepaid, in whole ments thereof. or in part, at any time without premium COMMISSION or penalty. [Notice 339] p„f,°Qr.^Commission (pursuant to del­ The borrowings will be made and the egated authority). proceeds used by Southwestern from MOTOR CARRIER TEMPORARY Cseai,] O rval L. D u B o is , time to time as required to finance part AUTHORITY APPLICATIONS Secretary. of its construction expenditures, the to­ tal amount of which for 1967 is estimated F e b r u a r y 16, 1967. (F-R. Doc. 67-1939; Filed, Feb. 20, 1967; at about $18,400,000. Southwestern pro­ 8:45 a.m.] The following are notices of filing 0f poses to retire all of the short-term notes applications for temporary authority

No. 35- FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3122 NOTICES under section 210a(a) of the Interstate to: William L. Hughes, District Super­ Commission, T-4009 Federal Office Build­ Commerce Act provided for under the visor, Bureau of Operations and Com­ ing, 701 Loyola Avenue, New Orleans La new rules in Ex Parte No. MC 67 (49 pliance, Interstate Commerce Commis­ 70113. CFR Part 240) published in the F ederal sion, 312 Appraisers’ Stores Building, No. MC 103498 (Sub-No. 15 T A ), filed R eg ist e r , issue of April 27, 1965, effec­ Baltimore, Md. 21202. February 14, 1967. Applicant: W. D tive July 1, 1965. These rules provide No. MC 82808 (Sub-No. 9 T A ), filed SMITH, doing business as S M ITH that protests to the granting of an ap­ February 14, 1967. Applicant: LEWIS TRUCK LINE, Box 68, DeQueen, Ark. plication must be filed with the field R. HUNT and C. L. HUNT, a partnership, 71832. Applicant’s representative: Wil­ official named in the F ederal R egister doing business as Post Office Box 200, burn L. Williamson, 443-54 American publication, within 15 calendar days Warrensburg, Mo. 64093. Applicant’s National Building, Oklahoma City, Okla. after the date notice of the filing of representative: Ivan E. Moody, 11th 73102. Authority sought to operate as the application is published in the F ed­ Floor Scarritt Building, 818 Grand, a common carrier, by motor vehicle, over eral R e g ister . One copy of such protest Kansas City, Mo. 64106. Authority irregular routes, as follows: Asphalt or must be served on the application, or sought to operate as a common carrier, Composition Lumber, from Briar, Ark., its authorized representative, if any, and by motor vehicle, over irregular routes, to points in Alabama, Colorado, Geor­ the protest must certify that such serv­ as follows: Poultry processing equip­ gia, Illinois, Indiana, Iowa, Kansas, Ken­ ice has been made. The protest must be ment, from the plantsite of Ralph tucky, Lousiana, Mississippi, Missouri, specific as to the service which such pro- Zebarth, Inc., Kansas City, Mo., to Nebraska, New Mexico, Oklahoma! testant can and will offer, and must points in the United States (except the Tennessee, and Texas, for 180 days. consist of a signed original and six States of Hawaii and Alaska and except Supporting shipper: Dierks Forests, Inc.! copies. Chicago, 111.; East St. Louis-St. Louis, 810 Whittington Avenue, Hot Springs, A copy of the application is on file, Mo., commercial zone; Wichita, Kans.; Ark. 71901. Send protests to: D. R. and can be examined, at the Office of Denver, Colo.; and Detroit, M ich.); and Partney, District Supervisor, Bureau of the Secretary, Interstate Commerce used and damaged poultry processing Operations and Compliance, Interstate Commission, Washington, D.C., and also equipment, from the above-named Commerce Commission, 2519 Federal in the field office to which protests are destination points to the plantsite of Office Building, Little Rock, Ark. 72201. to be transmitted. Ralph Zebarth, Inc., at Kansas City, Mo., No. MC 105413 (Sub-No. 26 TA) filed M otor C arriers o f P r o pe r ty for 150 days. Supporting shipper: Ralph February 14, 1967. Applicant: PETRO­ Zebarth, Inc., 1227 Montgall, Kansas LEUM TRANSPORT SERVICE, INC., No. MC 21436 (Sub-No. 1 T A ), filed City, Mo. 64127. Send protests to: John Highway No. 275, Council Bluffs,1 Iowa February 14,1967. . Applicant: THOMAS C. Barry, District Supervisor, Bureau of 51501. Applicant’s representative: F. WELSH, doing business as RELI­ Operations and Compliance, Interstate Viren, Emmert and Epstein, 904 City ANCE VAN COMPANY, 146 Crawford Commerce Commission, 1100 Federal National Bank Building, Omaha, Nebr. Hill, West Conshohocken, Pa. 19428. Office Building, 911 Walnut Street, 68102. Authority sought to operate as Applicant’s representative: Alan F. Kansas City, Mo. 64106. a common carrier, by motor vehicle, over Wohlstetter, 1 Farragut Square South, No. MC 100666 (Sub-No. 93 T A ), filed irregular routes, as follows: Anhydrous Washington, D.C. 20006. Authority February 14,1967. Applicant: MELTON ammonia and fertilizer solutions, in bulk, sought to operate as a common carrier, TRUCK LINES, INC., Post Office Box in tank vehicles, from the plantsite of by motor vehicle, over irregular routes, 7295, Shreveport, La. 71107. Applicant’s, Phillips Petroleum Co., located at or near as follows: Household goods, as defined representative: Max Morgan, 450 Amer­ Hoag, Nebr., to points in the State of by the Commission, between points in ican National Building, Oklahoma City, Missouri, for 180 days. Supporting ship­ Pennsylvania, restricted to shipments Okla. 73102. Authority sought to oper­ per: Phillips Petroleum Co., Bartlesville, having a prior or subsequent movement ate as a common carrier, by motor ve­ Okla. (A. J. DeFrees, Rate Manager, Ma­ beyond said points in containers, and fur­ hicle, over irregular routes, as follows: terial and Chemical Products). Send ther restricted to pickup and delivery Plastic pipe, tubing, conduit, valves, and protests to: Keith P. Kohrs, District services incidental to and in connection fittings, compound joint sealer, bonding Supervisor, Bureau of Operations and with packing, crating, and containeriza­ cement, and accessories and hand tools Compliance, Interstate Commerce Com­ tion, or unpacking, uncrating, and decon­ used in the installation of such products, mission, 705 Federal Office Building, tainerization of such shipments, over from the plantsite of Ethyl Corp., Terre Omaha, Nebr. 68102. irregular routes, for 180 days. Support­ Haute, Ind., to ppints in Alabama, Ar­ No. MC 109637 (Sub-No. 316 TA), filed ing shippers: Smyth Worldwide Movers, kansas, Florida, Georgia, Kansas, Ken­ February 14, 1967. Applicant: SOUTH­ Inc., 11616 Aurora Avenue North, Seattle, tucky, Louisiana, Mississippi, Missouri, ERN TANK LINES, INC., 4107 Bells Wash. 98133; Trans Ocean Van Service, Oklahoma, South Carolina, Tennessee, Lane, Louisville, Ky. 40211. Applicant’s Post Office Box 7331, Long Beach, Calif. and' Texas, for 180 days. Supporting representative: H. N. Nunnally (same 90807; Riga Fast Pac Inc., 465 California shipper: Ethyl Corp., Purchasing and address as above). Authority sought to Street, Suite 530, San Francisco, Calif. Traffic Department, Box 341, Baton operate as a common carrier, by motor 94104; Jet Forwarding Inc., 2945 Colum- Rouge, La. 70821 (Mr. Doss H. Berry, Jr.). vehicle, over irregular routes, as follows: bLi Street, Torrance, Calif. 94604. Send ' Send protests to : W. R. Atkins, District Refined vegetable oil, in bulk, in tank protests to: Ross A. Davis, District Su­ Supervisor, Bureau of Operations and vehicles, from Louisville, Ky. to Irving, pervisor, Bureau of Operations and Com­ Compliance, Interstate Commerce Com­ Tex., and Tulsa, Olka., for 180 days. pliance, Interstate Commerce Commis­ mission, T-40009 Federal Building, 701 Supporting shipper: D. J. Day, Division sion, 900 U.S. Customhouse, Philadelphia, Loyola Avenue, New Orleans, La. 70113. Traffic Manager, Durkee Famous Foods, Pa. 19106. No. MC 102567 (Sub-No. 118 T A ), filed 1303 South Shelby Street, Louisville, Ky. No. MC 66650 (Sub-No. 6 T A ), filed February 14, 1967. Applicant: EARL 40201. Send protests to: Wayne L. February 14, 1967. Applicant: STUART GIBBON TRANSPORT, INC., 235 Ben­ Merilatt, District Supervisor, Bureau of M. SMITH, INC., 3511 East North ton Road, Post Office Box 5357, Bossier Operations and Compliance, Interstate Avenue, Baltimore, Md. 21213. Appli­ City, La. 71010. Authority sought to Commerce Commission, 426 Post Office cant’s representative: Donald E. Free­ operate as a common carrier, by motor Building, Louisville, Ky. 40202. man, Post Office Box 880, Westminster, vehicle, over irregular routes, as follows: No. MC 113828 (Sub-No. 120 T A ), filed Md. 21157. Authority sought to operate Phosphatic fertilizer solution, in bulk, in February 14,1967. Applicant: O’BOYLE as a common carrier, by motor vehicle, tank vehicles, from Monroe, La., to points TANK LINES, INCORPORATED, 4848 over irre g u la r routes, as follows: in Arkansas and Mississippi, for 180 days. Cordell Avenue, Washington, D.C. 20014. Bakery products, from Baltimore, Md., Supporting shipper: Agrico Chemical Applicant’s representative: John F. to Hanover and York, Pa.; and empty Co., Division of Continental Oil Co., 5050 Grimm (same address as above). Au­ bakery containers, on return. This au­ Poplar Avenue, Memphis, Tenn. 38101, thority sought to operate as a common thority to be tacked at Baltimore, with Mr. James J. Kerr, Manager, Motor Car­ carrier, by motor vehicle, over irregular its present permanent authority, for 150 rier Service Transportation Department. routes, as follows: Peanut oil, in bulk, in days. Supporting shipper: Tasty Bak­ Send protests to: William R. Atkins, Dis­ tank vehicles, from Suffolk, Va., to Exe­ ing Co., 2801 Hunting Park Avenue, trict Supervisor, Bureau of Operations ter, Pa., for 180 days. Supporting ship­ Philadelphia, Pa. 19129. Send protests and Compliance, Interstate Commerce per: Standard Brands, Inc., 625 Madison

FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 NOTICES 3123

Avenue, New York, N.Y. 10022. Atten­ Iowa, Illinois, Colorado, Kansas, Wiscon­ E. N. Carignan, District Supervisor, tion : H. L. Barrett, GTM. Send protests sin, Virginia, Pennsylvania, North Caro­ Bureau of Operations and Compliance, to: Robert D. Caldwell, District Super­ lina, New York, New Jersey, Maine, Interstate Commerce Commission, 346 visor, Bureau of Operations and Com­ South Carolina, Georgia, Delaware, New Broadway, New York, N.Y. 10013. pliance, Interstate Commerce Commis­ Hampshire, Vermont, Connecticut, Flor­ No. MC 128875 TA, filed February 14, sion, Room 1220, Washington, D.C. ida, Mississippi, West Virginia, to points 1967. Applicant: GERMA ENTER­ No. MC 113828 (Sub-No. 121 T A ), filed in Massachusetts, for 180 days. Sup­ PRISES, INC., doing business as AR­ February 14,1967. Applicant: O’BOYLE porting shipper: Carter Overton, Inc., ROW WAREHOUSE & TRANSFER, Post TANK LINES, INCORPORATED, 4848 Rowe Street, Newton, Mass. Send pro­ Office Box 1032, Tahoe Valley, Calif. Cordell Avenue NW., Washington, D.C. tests to: Richard D. Mansfield, District 95731. Applicant’s representative: 20014. Applicant’s re p re s e n ta tiv e : Supervisor, Bureau of Operations and Richard R. Hanna, Plaza Building, Car- John P. Grimm (same address as above). Compliance, Interstate Commerce Com­ son City, Nev. 89701. Authority sought Authority sought to operate as a com­ mission, 2211 John F. Kennedy Building, to operate as a common carrier, by mo­ mon carrier, by motor vehicle, over ir­ Government Center, Boston, Mass. tor vehicle, over irregular routes, as fol­ regular routes, as follows: Fly ash, in 02203. lows: New and used furniture, household bulk, in tank vehicles, from Chalk Point, No. MC 127253 (Sub-No. 36 T A ), filed furnishings, and household goods, un- Dickerson, and Morgantown, Md., to February 14, 1967. Applicant: R. As crated, from Sacramento, Stockton, Va­ points in the District of Columbia and CORBETT TRANSPORTATION, INC., llejo, Oakland, Emeryville, San Fran­ Virginia, for 150 days. Supporting ship­ I l l West Laurel Street, Post Office Box cisco, San Jose, San Carlos, Walnut per: G. & W. H. Corson, Inc., Plymouth 86, Lufkin, Tex. 75901. Applicant’s rep­ Creek, Los Altos, and Campbell, Calif., to Meeting, Pa. 19462, Attention: Allan R. resentative: C. Wade Shemwell (same points in Douglas, Churchill, Ormsby, Wycoff, GTM. Send protests to: Robert address as above). Authority sought to and Washoe Counties, Nev., and returned D. Caldwell, District Supervisor, Bureau operate as a common carrier, by motor or traded-in articles of similar nature, of Operations and Compliance, Inter­ vehicle, over irregular routes, as follows: from named Nevada Counties to named state Commerce Commission, Room 1220, Glue stock, in bulk, in tank vehicles, from origin points, for 150 days. Supporting Washington, D.C. 20423. Winnfield, La., to Crossett, Ark., for 180 shipper: The John Breuner Co., 2201 No. MC 117815 (Sub-No. 119 T A ), filed days. Supporting shipper: Chembond Broadway, Oakland, Calif. 94612. Send February 14, 1967. Applicant: PULLEY Corp. (Mr. Michael Chestnut, Plant protests to: Daniel Augustine, District FREIGHT LINES, INC., 405 Southeast Manager), Post Office Box 648, Winnfield, Supervisor, Bureau of Operations and 20th Street, Des Moines, Iowa 50317. La. 71483. Send protests to: District Compliance, Interstate Commerce Com­ Applicant’s representative: Johm W. Supervisor John C. Redus, Bureau of mission, 11 West Telegraph Street, Car- Burroughs (same address as above). Operations and Compliance, Interstate son City, Nev. 89701. Authority sought to operate as a com­ Commerce Commission, Post Office Box mon carrier, by motor vehicle, over ir­ 61212, Houston, Tex. 77061. M otor C arrier o f P assengers regular routes, as follows: Meat, meat No. MC 128449 (Sub-No. 1 T A ), filed No. MC 102676 (Sub-No. 9 T A ), filed products, and meat byproducts and ar­ February 14, 1967. Applicant: JAMES February 14,1967. Applicant: WORCES­ ticles distributed by meat packing­ A. TUCKER, doing business as JIMMIE TER BUS CO., INC., 287 Grove houses, as shown in appendix I to the TUCKER TRUCKING, Route 1, Box Street, Worcester, Mass. 01605. Appli­ report in Descriptions in Motor Carrier 40-B, Broken Bow, Okla,. 74728. Appli­ cant’s representative: Frank Daniels, 15 Certificates 61 M.C.C. 209 and 766 (ex­ cant’s representative: James A. Tucker Court Square, Boston, Mass. 02108. Au­ cept commodities in bulk in tank ve­ (same address as above). Authority thority sought to operate as a common hicles), from Marshalltown, Iowa, and sought to operate as a common carrier, carrier, by motor vehicle, over irregular Rochelle, 111., to points in Michigan, for by motor vehicle, over irregular routes, routes, as follows: Passengers and their 180 days. Supporting shipper: Swift & as follows: Asphalt or composition lum­ baggage in special operations, in round Co., 115 West Jackson Boulevard, Chi­ ber, treated and untreated lumber, trip sightseeing and pleasure tours, be­ cago, 111. 60604. Send protests to: Ellis from points in McCurtain County, Okla., ginning and ending at Worcester, Clin­ L. Annett, District Supervisor, Bureau of to points in Oklahoma, Kansas, and ton, Marlboro, Southbridge, and Whitins- Operations and Compliance, Interstate Nebraska, for 180 days. Supporting ville, Mass., and extending to the ports Commerce Commission, 227 Federal O f­ shipper: Dierks Forests, Inc., 810 Whit­ of entry on the international boundary fice Building, Des Moines, Iowa 50309. tington Avenue, Hot Springs, Ark. 71901. line between the United States and No. MC 126102 (Sub-No. 1 T A ), filed Send protests to: C. L. Phillips, District Canada located in'New York and Ver­ !4, 1967. Applicant: AN­ Supervisor, Bureau of Operations and mont, for 180 days. Supporting ship­ DERSON MOTOR LINES, INC., 37 Compliance, Interstate Commerce Com­ pers: Marie B. Knowlton, Vice Presi­ Woodruff Road, Walpole, Mass. 02081. mission, Room 350, American General dent and Trip Manager, Worcester Applicant's representative: Sanford A. Building, 210' Northwest Sixth, Okla­ Area Chapter A.A.R.P. Inc. #209, 19 t w T (same address as above). Au- homa City, Okla. 73102. Brattle Street, Worcester, Mass. 01606; tnority sought to operate as a contract No. MC 128874 TA, filed February 14, Arthur H. Johnson, Chairman, Adult arner, by motor vehicle, over irregular 1967. Applicant: NEW YORK EX­ Advisory Committee, Catholic Youth routes, as follows: Such commodities PRESS, INC., 135-30 Rockaway Boule­ Council, Diocese of Worcester, 21 Elm s°ld in drugstores, chain, discount, vard, South Ozone Park, N.Y. 11417. Street, Worcester, Mass. 01608; George n^«Aie*>ar*inien*' stores, excluding com­ Applicant’s representative: Douglas Mil­ Guilmette, 210 South Street, South- modities in bulk, in tank vehicles for the ler, Meadow Brook Bank Building, Mal- bridge, Mass.; Armand O. DeGrenier, Carter Overton, Inc., a Massa­ verne, N.Y. Authority sought to operate Chairman, Board of Selectman, South- chusetts corporation with its usual place as a contract carrier, by motor vehicle, bridge, Mass. 01550; George S. Wallace, Mae USiness at Rowe Street, Newton, over irregular routes, as follows: Aircraft 10 Mercury Drive, Worcester, Mass, VT’ trom points in Massachusetts to engines and parts thereof, and aircraft representing Men’s Club, Women’s Club, Points in Minnesota, Oklahoma, Mis­ parts and commodities used or useful in Boy Scouts of America Troop No. 66, souri, Ohio, Michigan, Texas, Louisiana, the repair and maintenance of aircraft, and CYO, all affiliated with St. George’s ennessee, Arkansas, Alabama, Indiana, between Eastern Airlines, Inc., facilities Church, Brattle Street, Worcester, at airports in or near: Newark, N.J.; Mass. Send protests to: Joseph W. ^ « n o i s . Col°rado, Kansas, Wiscon- New York, N.Y.; Boston, Mass.; Wash­ n, Virginia, Pennsylvania, North Caro- Balin, District Supervisor, Bureau of ington, D.C.; Baltimore, Md.; Dulles Air­ Operations and Compliance, Interstate na, New York, New Jersey, Maine, South port, Va.; Philadelphia, Pa., and Pratt Commerce Commission, 338 Federal aro ma, Georgia, Delaware, New and Whitney plant at East Hartford, Building, Springfield, Mass. 01103. Conn., for 180 days. Restriction: Under iri!mi« hire’ Vermont, Connecticut, Flor- By the Commission. • Mississippl. West Virginia, and re- contract with Eastern Airlines, Inc., JohnF. Kennedy Airport, N.Y. Support­ [ s e a l] H . N e il G ar so n , r * . f5°m Minnesota, Oklahoma, Mis- ing shipper: Eastern Airlines, Inc., John Secretary. uri, Ohio, Michigan, Texas, Louisiana, F. Kennedy International Airport, Ja­ [F.R. Doc. 67-1992; Filed, Feb. 20, 1967; ennessee, Arkansas, Alabama, Indiana, maica, N.Y. 11430. Send protests to; 8:51 a.m.] FEDERAL REGISTER, VOL. 32, NO. 35— TUESDAY, FEBRUARY 21, 1967 3124 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY 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 February.

3 CFR Page 7 CFR—Continued Page 12 CFR—Continued Pa&e P roposed R u l e s — P roposed R u l e s : P roclamations : Continued 3765------1167 1015______1181,2447, 2644, 2819 10______2640 1031______— 2573 18_____ — ------2640 E x e c u t iv e O rders : 1032— ____ 2573 509______2650 July 9, 1910 (revoked in part 1034______2573, 3064 547 ______2654 by PLO 4159)______— 3021 1038 _ 2573 548 ______2654 May 11, 1915 (revoked in part 1039 ______2573 549 ______2654 by PLO 4159) ______3021 1044 ______2573 550 ______i______2654 10854 (see EO 11326)______2841 1045 ______2573 551 ______2654 11325 ______1119 1047— ______1132 566______2658 11326 ______2841 1049 ______2382 11327 ______-______2995 1050 ______2573 13 CFR P residential D o c u m e n t s O ther 1051 ______2573 Ch. I ------2377 T h a n P roclamations and E x ­ 1062 ______2573 101------2377 e c u t iv e O r ders: 1063 _____ - 2573, 2644 107______2769 Letter of Feb. 1,1967_____ 2493,2495 1064 ______1133,121______2573 — ______2564 1067 ______2573 P roposed R u l e s : 5 CFR 1068 ____ - ______2573 213______2361, 2805, 2931, 3085 1070 ______!______2573, 2644 121______2710 410______.______3085 1071 ______2573 831______2427 1078 ______2573, 2644 14 CFR 1079 ______2573, 2644 2 i 2999 7 CFR 1097______L______— 2573 39— — 2438-2440^ 2775, 2807, 3048, 3091 1______2805 10981______2573 61____ 1______3000 71______2002, 81____ 2442 1099______2448, 2573, 2820 1102______2573 2368-2370, 2440-2442, 2615, 2775, 210______2883 2808, 2884, 2939, 3048-3050, 3091 319______2443 1104______2573 73______2002, 2370, 2699, 2775, 3092 401—______1123,1169,2931 1106______2573,2574 1108______- ______2573 75 ______2002, 2442, 3092 404______—— 1124 91______2940, 3000 410 ______1124 1120______2573 1126 ______— _ 2573,2574 95______3001 411 ______1124 97______2371, 2776,3003 722______2361, 2931 1127 _ 2573 241_——______2808 724______1124,2603, 2609, 2936, 3045 1128 ______2382 729 ______1169 1129 ______2573 P roposed R u l e s : 730 _ 1169,2997 1130 ______2573 39— ______2382, 775______2500 1132______2573 2450, 2451, 2576, 2577, 2821, 2897, 811______2609, 3085 1138______2573, 2849 3063. 816______- ____ 3045 71______2383, 850______2697,2997 8 CFR 2451-2453, 2578, 2649, 2650,2709, 2787, 2860, 2897, 2898, 3100-3102 877______3086 212. 2500 907 ______1125, 2444, 2805, 3046 242. 2883 73 2453,3103,3104 908 ______2999, 3046245 2883 75______2453,2454 910____ 2445, 2524, 2806, 2843, 3046, 3090 91______2860 912 ______2445, 2806, 3047 9 CFR 121______-______2860 913 ______2445, 2806, 3047 207 ______- 2821 944______2938 53______2427 208 ______..______2821 97______2843 981______- ______2939 212______- ______2821 991______4______1125 324__— ______2769 214 ______2821 1001 ___ 2361 325______2769 221——————————— 2821, 2955 1002 ______2362, 2807P roposed R u l e s : 250______2955 1015______2362 76______— 2643 295______2821 1032______2611 203-______2575 296a______2955 1049______2939 1064______.— 236310 CFR 15 CFR V 1096______1125 li______1126 50______2562,3090 1205-______2698 202____ _ 2814 1421______2883 70______2364,2562 2377,2843 ___ 2563 230______115______-___ 602_____ 2433 P roposed R u l e s : 140______2563 201______2644 P roposed R u l e s : 301_____ 2642 16 CFR 319__ !______1181 30______— 2575 13__ 1170, ___ 2649 330_____ :_____ 2787 3 1 _ „______2497-2499, 2884, 2885, 3050, 3051 729______2896 32______2575, 2649 u 1171,2844 50______2821, 2851 813 _ 1132 302______*______2377 115______2821 814 ____ 2573 P roposed R u l e s : 822______2708 12 CFR 602______1131 908______2896 1— . 2499 991______3023 18 CFR 1 1 _. 3090 2844 1001 _____ 1181, 2447, 2644, 2819 2______217. 2428 2845 1002 ______2447, 2819, 2896 531. 2366 141— FEDERAL REGISTER 3125 19 CFR Page 30 CFR 41 CFR— Continued Page ! ______3008 53______2944 4-12------1_____ 1179 4" ______3052 4-16------____------H80 5'-'------1176 31 CFR 4-50------1180 8 ...... 3008 50-202______2431 £ _____------2437 3______3056 101-20------2432 Proposed R u l e s : 4 ______-______2819 32 CFR 43 CFR 11„ ______2819 164______2772 407.. . ------_------__ 2774 553______2886 408------2774 20 CFR 591______2616 410_.------2774 2699 596 ______—_ ____ 2622 414 ------2774 405______1172 597 ______2622 415 ------2774 610______3052 600______2623 418------3098 611— ------3052 602______2623 1810.. . : ------3059 606______614______3052 .___ 2623 P u b l ic L and O r ders: 706______Proposed R u l e s : ___ 2624 713______2525 1654 (revoked in part by PLO 405______726______2846 4154)------3020 2198 (revoked in part by PLO 21 CFR 818______2367 837______3009 4157)------3020 3______-______1172 841______3010 4152 ------2817 18 _ 1127908______2367,3011 4153 ------2888 19 ______1127, 2611 1001______.___ 3011 4154 ------3020 20 ------1004... 1128______3012 4155 ------3020 25______1 1128 1007.______. . . . 3012 4156 ------3020 31______1128, 2940 1009______3012 4157 ------__ 3020 37______2941 1053 ______4158 ------3021 4S OOQO ___ 3017 1054 ______.___ 3018 4159 ------3021 120______2611, 2893, 3092 1622______2367 4160 ------3021 121..______1173, 1643______1130 2611, 2612, 2701, 2845, 2846, 2894, 45 CFR 2941-2943. 32A CFR 116------2742 146c______2894 117 ------2753 1481------1172 BDSA (Ch. V) : 118 ------2758 148r------u______1172 M-11A, Dir. 2 2886 130------_____------2946 191---- 2612 OIA (Ch. X ) 705------2848 Proposed R u l e s : OI Reg. 1____ 1175 P roposed R u l e s : 8------2645, 2646, 2897 85------2448 19—...... 2646, 2647 33 CFR 2 7 .______2953 64______3056 46 CFR 120------______2647, 2709 203______3096 141e------1184 201______3057 43------—------3021 146e------___ 1184 207______3057 202------_------2705 23 CFR 310__------3022 36 CFR P roposed R u l e s : 255------:_____ 2408 7_.______2564 540------3064 Proposed R u l e s : 255------2417, 2418 38 CFR 47 CFR 24 CFR 1 ______0------2626 2613 1 ------2771, 2890 6 _ _ _ _ 2 ______3052 2815 2 ------2771 200______3 I I Z I 14______3092 2429 5------1129 36______25 CFR 3096 13------r 2626 21------2890 Proposed R u l e s : 39 CFR 23------2890 52 ______3061 114______3018 31------2628 53 ______3062 126______33. — ------2635 221 .— _ 3018 ...... 2849 127______3057 34___------2635 26 CFR 131 ______. 2703, 2816 35------2637 132 ______2703,3018 64------2892 Proposed R u l e s : 137.__ ___ .____;___ . 2703, 2894 73 ------1129, 1130, 2890 31.___ 2565 141.______2432 74 ------2891 46__ 2565 143 ______2895 81------2891 48.__ 2565 144 ______2703 87------2891 49___ IIII" 2565 155______2432, 2624 89------2891 29 CFR 172______... 3096 91------2891 1 0 .. 224...... ______3058 93------2891 800__ II”” ____ 3050 271______3058 95------____ 2891, 2892 ----- 2378 97------2891 Proposed R u l e s : 41 CFR Page 99------2892 460__ ----- 2708 463____ I 1-1______2624 P roposed R u l e s : ----- 2709 1-2______2626 2------2899, 3105 Ch. V . 2953, 3100 608__ 1-12______2626 2l__------2383 689. ____ 2648 4—1______1176 64------2384 694. ____ 2648 4-3______1177 73— 1135,1136, 2384, 2899,3023,3024 1602_ ____ 2820 4-4______1177 87------2899 2852, 3100 4-5...... ____ 1179 95------3105 FEDERAL REGISTER

49 CFR 73______1180 77______2818 131_____ 2701 135_____ 3059 50 CFR 28______2892 32 ______3059 33 ______1180, 2376, 2377, 2639, 2700, 2848, 2893, 2952,3097. P roposed R u l e s : 32. 1132

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