FEDERAL REGISTER VOLUME 32 • NUMBER 87

Friday, May 5, 1967 • Washington, D.C. Pages 6897-6956

Agencies in this issue— 'Army Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Engineers Corps Emergency Planning Office Equal Employment Opportunity Commission Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Trade Commission Food and Drug Administration Housing and Urban Development Department Interstate Commerce Commission Justice Department Maritime Administration National Bureau of Standards National Park Service Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1967)

Title 26—Internal Revenue Part 1 (§§ 1.6001-End) to Part 19 (Revised) $0.70 Title 32—National Defense (Parts 590-699) (Pocket Supplement) $0.50

Title 41-rPublic Contracts and Property Management (Chapters 6-17) (Revised) $2.00

[A cumulative checklist of CFR issuances for 1967 appears in the first issue of the Federal Register each month under Title 1]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

Published dally, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERAUa®ISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 OiaiTto * Phone 962-8626 Archives Building, Washington, D.G. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.O., Oh. 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. T h e Federai. Register 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 bound). 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 op F ederal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code o f 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 each month. There are no restrictions on the republication of material appearing in the Federal Register or th e Code of F ederal R egulations. Contents

AGRICULTURE DEPARTMENT CONSUMER AND MARKETING Proposed Rule Making Radio amateur civil emergency See Commodity Credit Corpora­ SERVICE service rules; provision for use tion; Consumer and Marketing Rules and Regulations of F4 and A4 facsimile------6942 Service. Grapefruit grown in Florida; ship­ Notices ment limitations______6930 Canadian broadcast stations; list ARMY DEPARTMENT Statement with respect to insolv­ of changes, proposed changes See also Engineers Corps. ency ; definition of current assets and corrections in assignments. 6951 and current liabilities______6901 Hearings, etc.: Rules and Regulations Valencia oranges grown in Arizona Civil defense identification for Bell Telephone Company of and designated part of Cali­ Pennsylvania and Conestoga Federal employees, reservists fornia; handling limitations__ 6930 and non-Federal support per­ Telephone and Telegraph Co. 6946 City of Camden and L & P sonnel; issuance authority; De- DEFENSE DEPARTMENT partm ent of Transportation----- 6932 Broadcasting Corp------6946 Medical and dental attendance; See Army Department; Engineers Cosmos Cablevision Corp., and fiscal policies pertaining to de­ Corps. Aiken Cablevision, Inc------6947 pendents’ medical care------6931 Hartford County Broadcasting ENGINEERS CORPS Corp., and Central Connecti­ Rules and Regulations cut Broadcasting Co------6948 a t o m ic e n e r g y c o m m is s io n Santa Rosa Broadcasting Co., Connecticut and Massachusetts;' Notices In c ______6950 public use of certain reservoir Shaffer, Russel and Interna­ New York University; issuance of areas______6933 tional Electronic Develop­ facility license------— 6945 ment Corp______6949 EMERGENCY PLANNING OFFICE Shurtleff-Schorr Broadcasting BUSINESS AND DEFENSE Notices Corp., and Combelt Broad­ casting Corp------6950 SERVICES ADMINISTRATION Illinois; notice of major disaster— 6943 Notices EQUAL EMPLOYMENT FEDERAL MARITIME Scientific articles; amendment to OPPORTUNITY COMMISSION COMMISSION notice of application for duty Proposed Rule Making Notices free entry______6944 Guidelines on discrimination be­ Security for protection of public; cause of sex; extension of dead­ indemnification of passengers CIVIL AERONAUTICS BOARD line for filing statements_____ 6941 for nonperformance of trans­ portation______6951 Proposed Rule Making Reporting results of services per­ FEDERAL AVIATION FEDERAL POWER COMMISSION formed for Department of De­ ADMINISTRATION fense ______6941 Notices Rules and Regulations Hearings, etc.: Airworthiness directives; certain Beach, Mrs. R. G., et al______6951 CIVIL SERVICE COMMISSION models of Beechcraft airplanes. 6914 Tennessee Gas Pipeline Co------6952 Rules and Regulations Exclusive rights at airports_____ 6925 Wisconsin Public Service Corp— 6952 Miscellaneous amendments to Interior Department; excepted chapter (2 documents)____ 6901, 6908 service______:______6901 Standard instrument approach FEDERAL TRADE COMMISSION Notices p r o c e d u r e s ; miscellaneous Rules and Regulations amendments______6915 S o c ia l Administration Advisor, Administrative opinions and rul­ Vocational Rehabilitation Ad­ Proposed Rule Making ings: ministration; manpower short­ Terminal instrument procedures Agricultural cooperatives may age; notice of listing______6946 (TERPS) ; implementation of market their products through U.S. standard______6938 common sales agent______6929 Selling merchandise by lottery COMMERCE DEPARTMENT FEDERAL COMMUNICATIONS methods condemned by Com­ See Business and Defense Services mission______-___ 6929 Administration; Maritime Ad­ COMMISSION Prohibited trade practices: ministration; National Bureau Rules and Regulations Allied Enterprizes, Inc., and of Standards. William Marion___ :______6927 Industrial radio services; policy Dynamic Imports, Inc., and governing assignment of fre­ Dynamic Fashions, Inc_____ 6927 COMMODITY CREDIT quencies ______6937 Lawrence, Allan and Crown Marine control, marine repeater, Music Co______6926 CORPORATION and marine relay stations; mis­ Lenobel, Raymond______6928 Rules and Regulations cellaneous amendments______6933 Pick Galleries, Inc., and Harold Radiation interference limits; or­ R. Pick______6928 Wheat and Hour; payment terms der extending expiration date_ 6933 Whiting, H. L., Co., et al______6927 and financial arrangements; Table of frequency allocations; correction______6931 limitation of ambiguity______6933 (Continued on next page) 6899 6900 CONTENTS

FOOD AND DRUG INTERSTATE COMMERCE NATIONAL PARK SERVICE ADMINISTRATION COMMISSION Rules and Regulations Proposed Rule Making Notices Special regulations; miscellaneous Ice cream; proposal to amend Fourth section applications for amendments______6932 identity standard______6938 r elief______6953 Notices Notices Motor carrier: Hot Springs National Park, Ark.; Temporary authority applica­ Temporary tolerance; establish­ notice of intention to negotiate tions ______6953 concession contract______6943 ment; Transfer proceedings______6954 Barban______6943 Benzamidooxyacetic acid_____ 6943 JUSTICE DEPARTMENT SECURITIES AND EXCHANGE COMMISSION HEALTH, EDUCATION, AND Rules and Regulations Notices WELFARE DEPARTMENT Settlement authority; change in amounts______6930 Hearings, etc.: See Pood and Drug Administra­ tion. Camp Chemical Co., Inc______6953 MARITIME ADMINISTRATION - Northern Instrument Corp___ 6952 HOUSING AND URBAN Notices SMALL BUSINESS DEVELOPMENT DEPARTMENT List of foreign flag vessels arriv­ ing in North Vietnam on or ADMINISTRATION Notices after January 25, 1966______6944 Notices Deputy Director, Contracts and Moore-McCormack Lines, Inc.; Agreements Division, Office of notice of application______6944 Missouri; declaration of disaster General Services; delegation of area------6951 authority______6943 NATIONAL BUREAU OF STANDARDS TRANSPORTATION DEPARTMENT INTERIOR DEPARTMENT See Federal Aviation Administra­ See National Park Service.^ Notices tion. National Bureau of Standards radio stations; notice of stand­ ard frequency and time broad­ casts ______6945

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 P r o po sed R u l e s : 28 CFR 213___ 6901 1______6938 n 6930 91______6938 ------7 CFR 97______121______S S 29 CFR 905____ 6930 135______6938 P r o po se d R u l e s : 908___ 6930 243______6941 1604------6941 1483— 6931 16 CFR 32 CFR 9 CFR 13 (6 documents) ______6926-6928 5?7- 6931 203___ 6901 15 (2 documents)______6929 6932 14 CFR 21 CFR 36 CFR i__ 6905 P r o po sed R u l e s : 7______6932 23- 311______6933 25- till 20------6938 27- 6914 47 CFR 29- 6914 39- 6914 2 6933 61- 6905 15______6933 91- 6906 81______6933 97- 6915 85______6933 135 6908 91___ 6937 151. 6925 P r o po se d R u l e s : 153 6925 97______6942 6901 Rules and Regulations

ject to the Packers and Stockyards Act, advances which have been made for the Title 5— ADMINISTRATIVE 1921,' as amended (7 UJS.C. 181 et seq.), purposes of control, affiliation, or other and is issued as § 203.10 of Part 203, continuing business advantage; (3) re­ Chapter II, Title 9, Code of Federal Reg­ ceivables which are not expected to be PERSONNEL ulations, to read as follows: collected within 12 months; (4) cash surrender value of life insurance policies; Chapter I— Civil Service Commission § 203.10 Statement with respect to in­ solvency; definition of current assets (5) land and other natural resources; PART 213— EXCEPTED SERVICE. and (6) depreciable assets. and current liabilities. (e) The term current liabilities gen­ Department of the Interior (a) Under the Packers and Stockyards erally includes: (1) Bank overdrafts (per Section 213.3312 is amended to show Act, 1921, as amended and supplemented books); (2) amounts due a custodial ac­ that the position of Deputy Director of (7 U.S.C. section 181 et seq.), the prin­ count for shippers’ proceeds; (3) ac­ the National Park Service is excepted cipal test of insolvency is to determine counts payable within 1 year from date under Schedule C in lieu of the position whether a person’s current liabilities ex­ of balance sheet; (4) notes payable or of Associate Director of the National ceed his current assets. This current ratio portions thereof due and payable within test of insolvency under the Act has been 1 year from date of balance sheet; (5) Park Service. Effective on publication in reviewed and affirmed by a United States the F ederal R e g is t e r , subparagraph (4) accruals such as taxes, wages, social of paragraph (h) of § 213.3312 is Court of Appeals. Bowman v. United security, unemployment compensation, amended as set out below. States Department of Agriculture, 363 etc., due and payable as of the date of F. 2d 81 (5th Cir. 1966). the balance sheet; and (6) all other § 213.3312 Department of the Interior. (b) For the purposes of the adminis­ liabilities whose regular and ordinary ***** tration of the Packers and Stockyards liquidation- is expected to occur within 1 (h) National Park Service. * * * Act, 1921, the following terms shall be year. construed, respectively, to mean: This statement is for the purpose of (4) One Deputy Director. (1) “Current assets” means cash and ***** setting forth the views of the Consumer other assets or resources commonly iden­ and Marketing Service to guide those (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, tified as those which are reasonably ex­ persons engaged in business subject to 3 CFR, 1954-58 Com p., p. 218) pected to be realized in cash or sold or the Packers and Stockyards Act, 1921, as n it e d ta tes iv il erv consumed during the normal operating amended. U S C S ­ cycle of the business, which is considered ic e C o m m is s io n , to be 1 year. The foregoing statement shall become [seal] D avid F . W il l ia m s , (2) “Current liabilities” means obli­ effective upon its publication in the Director, Bureau of F ederal R e g is t e r . Management Services. gations whose liquidation is reasonably expected to require the use of existing (See. 407(a), 42 Stat. 169, 72 Stat. 1750; 7 [PJL Doc. 67-5010; Filed, May 4, 1967; resources principally classifiable as cur­ U.S.C. 228(a); interprets or applies secs. 202, 8:45 a.m .] rent assets or the creation of other 307, 312, 502, 505; 42 Stat. 161 et seq., as current liabilities during the one year amended; 7 U.S.C. 192, 208, 213, 218a, 218d) operating cycle of the business. Done at Washington, D.C., this 1st day (c) The term current assets generally of May 1967. Title 9— ANIMALS AND includes: (1) Cash in bank or on hand; R o y W. L e n n a r t s o n , (2) sums due a market agency from a Associate Administrator. ANIMAL PRODUCTS custodial account for shippers’ proceeds; (3) accounts receivable, if collectable; [F.R. Doc. 67-5037; Filed, May 4, 1967; Chapter II— Consumer and Marketing (4) notes receivable and portions of long­ 8:47 a m .] Service (Packers and Stockyards Di­ term notes receivable within one year vision), Department of Agriculture from date of balance sheet, if collectable; (5) inventories of livestock acquired for PART 203— STATEMENTS OF GEN­ purposes of resale or for purposes of Title 14— AERONAUTICS AND ERAL POLICY UNDER THE PACKERS market support; (6) feed inventories and AND STOCKYARDS ACT other inventories which are intended to SPACE be sold or consumed in the normal op­ Chapter I— Federal Aviation Adminis­ Statement With Respect to Insolvency; erating cycle of the business; (7) ac­ Definition of Current Assets and counts due from employees, if collect­ tration, Department of Transporta­ Current Liabilities able; (8) accounts due from officers of a tion On February 7,1967, a notice was pub­ corporation, if collectable; (9) accounts [Docket No. 7025; Arndts. 1-12; 61-32; 91-39; 135-5] lished in the F ederal R e g is t e r (32 FJt. due from affiliates and subsidiaries of 2575) regarding the proposed issuance corporations if the financial position of such subsidiaries and affiliates justifies CATEGORY II OPERATION: GENERAL of an interpretative statement with re­ AVIATION AIRPLANES spect to insolvency and the definition of such classification; (10) marketable se­ current assets and current liabilities. curities representing cash available for ' Miscellaneous Amendments to Interested persons were given an oppor­ current operations and not otherwise Chapter tunity to submit written data, views, or pledged as security; (11) accrued inter­ arguments concerning the proposed est receivable; and (12) prepaid ex­ The purpose of these amendments to statement. After consideration of all rele­ penses. the Federal Aviation Regulations is to vant matters, the following statement (d) The term current assets generally prescribe the requirements for a Cate­ with respect to insolvency and the defi­ excludes: (1) Cash and claims to cash gory n operation. Compliance with these nition of current assets and current lia­ which are restricted as tp withdrawal, requirements will allow the conduct of bilities has been formulated and adopted such as custodial funds for shippers’ pro­ an TTiS approach and landing at certain ceeds and current proceeds receivable airports with minima as low as a 100- by the Consumer and Marketing Service from the sale of livestock sold on a com­ foot decision height and 1,200 feet RVR. for the guidance of market agencies, mission basis; (2) investments in securi­ These amendments apply to all opera­ Packers, dealers, and other persons sub­ ties (whether marketable or not) or tions under Part 91, and to operations

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6902 RULES AND REGULATIONS by air taxi and commercial operators Other more significant changes to the gory II operation unless he was qualified under Part 135. notice will: (1) Add certain definitions in that type airplane. Since type ratings The substance of these rules was fully and symbols to Part 1 for use in the are not now required for small nonturbo­ discussed in FAA Notice No. 65-35 as regulations and approach procedures; jet airplanes, it is now necessary to limit published in the F ederal R e g is t e r on (2) require recent pilot experience for a Category n authorization to the type November 24, 1965 (29 F,R. 14600). As make and model of equipment; (3) add airplane in which a pilot has passed a stated in that notice, the use of Category a list of required ground components; practical test. The necessary limitations II minimums by general aviation oper­ (4) make mandatory the procedures and are accomplished by changes to §§61.3 ators, and air taxi and commercial instructions contained in the Category II (g) and 61.38 (redesignated as § 61.37A). operators, is premised upon the following manual; (5) add a marker beacon re­ (b) The proposal would have required general requirements to be adopted by ceiver to the equipment list and delete Category II authorizations for all pilots the agency within the framework of the several other items of equipment; (6) of foreign aircraft and for Part 91 oper­ Federal Aviation Regulations: (1) Pilot remove the corrected barometric altim­ ations by air carriers and commercial qualifications and proficiency: (2) air­ eters as a means for determining decision operators. In order to avoid this problem, plane equipment and maintenance: and heights below 150 feet; (7) limit the eval­ an authorization for Category n opera­ (3) airport ground facilities. uation program to the low approach sys­ tions that is granted by the country of Based upon public comments received tem (flight control guidance system) and registry of an aircraft is now acceptable in response to the notice and upon re­ impose new. criteria for the other equip­ under § 61.3(g) and subparagraph (3) view within the agency, a number of ment; (8) require the demonstrations of of this section now excludes operations changes have been made to the proposed the evaluation program to be under sim­ by Part 121 certificate holders. rule. Most of these involve rewording ulated instrument conditions; and (9) (c) In response to comments received, and reorganization for greater clarity require certain portions of the mainte­ the agency has decided to permit, in all and consistency, but several changes nance program to be performed by cer­ airplanes including turbojets, the use of affect the substance of the rule. The tificated repair stations. a flight control guidance system consist­ issue of a supplementary notice of pro­ Although the rules adopted are basi­ ing either of an automatic approach posed rule making to solicit comments cally the same as those proposed in the coupler or a flight director system. In upon these changes. was considered. notice, the changes mentioned above and view of this modification of the equip­ However, comments from the public on other minor changes were made in re­ ment requirements, the experience re­ the original notice and from within the sponse to comments from within and quirements of § 61.37A(b) (2) have been agency indicated that the further delays without the agency. These changes are changed to provide that at least three of attendant to this course of action would explained in detail below. the six IDS approaches must be manual, not be in the best interest of those con­ 1. Definitions, (a) It has been deter­ without the use of an approach coupler. cerned. Consequently, the FAA is issuing mined by the agency that the term “Cat­ (d) The recent experience require­ a final rule and is soliciting further pub­ egory II Operation” should be defined ments for taking the periodic test are lic comment on the substantive changes in Part 1 of the Federal Aviatipn Regu­ now applicable only to individuals who with a view towards possible future lations. As defined, the term will en­ have not passed a practical test during amendments. This action will allow those compass all approaches under ILS in­ the past year. operators who have prepared for Cate­ strument approach procedures designat­ (e) The experience requirements of gory II operations to proceed with their ed as Category n by the administrator § 61.37A(b) have also been changed to qualification under these rules without or other appropriate authority. Other make it clear that the required ILS ap­ further delay. The agency feels that this appropriate authority includes the proaches need not be conducted down to course of action is justified and is in the Armed Forces of the United States and the minimums prescribed for Category best interest of the public since the pro­ foreign governments. II operations. posed rule was a relaxation of present Since the use of a decision height is (f) Three comments suggested that regulations and therefore substantive an integral part of a Category II opera­ the proposed rules be revised to allow changes would not impose any greater tion and it is not defined in the regula­ the use of flight simulators for alternate burden upon those affected than already tions, Part I has also been amended to practical tests after original qualifica­ exists. include a definition of the term “decision tion. Disposition of these comments is Interested persons are invited to sub­ height” similar to that contained in AC- being withheld until more information mit comments in duplicate addressed to 120- 20. is available as to the retention of pro­ Federal Aviation Administration, Office (b) The symbols “Cat. n ,” “DH,” andficiency by pilots holding Category n of the General Counsel, Attention: Rules “RVR” are added to § 1.2 for use in Cate­ authorizations. Docket, 800 Independence Avenue SW., gory n instrument approach procedures (g) Category II pilot tests, both orig­ and other parts of the regulations. inal and periodic, will be given by an Washington, D.C, 20590. “RVR” is measured in the touchdown The most significant change expands FAA inspector or an examiner designated zone since at some airports this informa­ by the Administrator. Standards for the the rule to apply to small nonturbojet tion is available for the rollout zone as airplanes. Comments on the notice indi­ qualification and designation of exam­ well. iners are being developed and will be cated both the desire and the capability 2. Airports. As stated in the notice, the on the part of some operators of these published in the near future. runway visual range and decision height (h) Since the rules adopted herein airplanes to conduct Category n opera­ minimums for each airport at which a tions. Therefore, the rules adopted con­ permit Category n operations with all Category II operation is authorized will airplanes and will also permit the use of tain no limitation on the type of airplane be prescribed by the administrator un­ that may be approved for Category n either a flight director system or an auto­ der Part 97, and shown in the appropriate matic approach coupler, the instrument operations. They apply to all airplanes, approach charts for the airport. large or small, operated under Part^91, flight test procedures and maneuvers of and operated by Air Taxi and Commer­ The criteria for the ground system and the proposal have been changed to cover cial Operators under Part 135 of these for obstruction clearance that are used all airplanes using either equipment. regulations. by the Administrator for establishing a Those multiengine airplanes lacking en­ Category n approach at an airport are gine-out performance capability to make Irr addition, a number of these com­ shown in AC-120-20. ments expressed the opinion that small a missed approach are treated as single aircraft could safely conduct Category 3. Pilot qualifications and proficiency. engine airplanes under these provisions. II operations under existing IFR require­ (a) As the notice would have limited (i) The requirement of a class or type ments, some of them with a single pilot. Category II operations to airplanes rating for the second in command on a Studies are being conducted to determine that require a type rating, there was no flight test has been added to § 61.37A the feasibility of establishing less strin­ necessity for placing that particular (c) (2) to bring it in conformity with limitation on the Category II pilot au­ § 91.21. gent rules for smaller and slower air­ thorization. However, it was the Inten­ (j) Due to the considerable variance in craft. A separate proposal for these air­ tion of the agency that no person should operation and presentation of different craft may be initiated at a later date. act as pilot in command during a Cate­ makes and models of flight control guid-

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6903 anee systems it was the intent of the (c) Most of the provisions regarding close to the middle marker, the pilot agency, as expressed in the preamble to the Category II manual have been trans­ must have a positive means of distin­ the notice and in § 61.3(g), to limit pilot ferred to the Appendix. Section 91.34(a) guishing between the two. This is pro­ authorizations to the particular make (3) will require continuing compliance vided for by sections 2(a) (3) and (10) and model equipment used in the prac­ with the provisions of the maintenance of Appendix A. tical test. However, it has been deter­ program with respect to those instru­ (f) It has been determined that the mined that the purpose of this limitation ments arid equipment required for a par­ free air temperature gauge and the dual can be accomplished by less restrictive ticular approach. For instance, the op­ systems for communications, power, and means! Although a pilot authorization erator would be in compliance for an static pressure are not necessary. will not be so limited, § 61.47(h) will re­ approach to a 150-foot decision height, (g) The flight control guidance system quire the pilot in command to have without a properly maintained radio requirements have been amended to ap­ recent experience with the particular altimeter or inner marker receiver, but ply to all airplanes and now permit the equipment used in a Category n opera­ would be in violation of this section if use of either an automatic approach tion in addition to the renewal testing the same approach were continued to a coupler or a flight director system. required under § 61.10. The experience 100-foot decision height. (h) It has been decided that a special may be acquired under actual or simu­ The operational procedures, instruc­ decision height system is not necessary lated instrument flight conditions and tions, and limitations approved as a part for Category II operations with decision may be approaches made on the practical of the Category II manual would serve heights of 150 feet or greater. Operations test, during training, or during actual very little purpose if they are not fol­ to this height can be safely conducted operations. lowed in the actual conduct of a Category using the barometric altimeters if there 4. Operating requirements. (a) SinceII operation. Compliance with these ap­ is available to the pilot a placarded cor­ the operations specifications of air car­ proved procedures, instructions, and rection for the instrument scale error riers and commercial operators are only limitations is specifically required in and for the wheel height of the airplane. applicable to Part 121 operations, the § 91.34(a) (2). Scale error is determined by an altimeter proposed rules would have been appli­ (d) Proposed § 91.169(d) is deleted test and inspection under Appendix E to cable to Part 91 operations for these and its substance is incorporated in new Part 43. The wheel height correction is operators. The language of the exclu­ § 91.34(a)(3). necessary only if the wheel-to-instru- sion has been expanded to avoid any ap­ 5. Airplane equipment, (a) A sentencement height is in excess of the 10 feet plicability to Part 121 certificate holders. has been added to section 2 of the Ap­ presently allowed for in U.S. Weather Section 91.6(d) also provides that Part pendix to emphasize that there is no Bureau altimeter settings provided for 91 Category II operations by these opera­ necessity of duplicating instruments and aircraft. For instance, a Boeing 707 air­ tors must be conducted in accordance equipment already required by § 91.33 craft has a 19-foot wheel-to-instrument with Part 121 operations specifications. and other provisions of the regulations. height and would require a 9-foot cor­ Although foreign aircraft will be cov­ (b) Section 2 of the Appendix has been rection under this rule. ered by the general operating rules of divided into two groups of required in­ The notice would have allowed either §91.6, the requirements concerning struments and equipment to avoid any a radio altimeter or specially corrected equipment, maintenance, and the Cate­ misunderstanding as to those instru­ barometric altimeters as a means for gory n manual are only applicable to ments and equipment subject to the vari­ determining decision height at airports civil aircraft of United States registry. ous requirements of the maintenance without an inner marker. These alter­ program. Group I instruments and equip­ natives were derived from the require­ (b) The format of § 91.6 of the pro­ment must be bench checked both prior ments for air carriers who have been posal has been changed and only pro­ to approval and as a part of the main­ conducting Category n operations with­ posed paragraph (a) (3) and (4) remain tenance program. In addition, they must out inner markers. However, since pub­ in that section. A new paragraph (b) be inspected or functionally flight lication of the notice, plans have been establishes the requirement of normal checked once every 3 months. On the completed for inner marker installations operation by all ground components of a other hand, Group II instruments and at all airports that will be authorized Category n ILS and allows certain sub­ equipment do not require special main­ for Category n operations. Consequently, stitutions. tenance procedures other than those the necessity for alternative decision The language of § 91.117(h) was not necessary to retain the original approval height equipment is substantially dimin­ particularly appropriate to Category n condition. ished. The major purpose that the al­ operations and the substance thereof has (c) A number of items in the equip­ ternatives now serve will be to permit been added to § 91.6 in a new paragraph ment list have been reworded for clarity the conduct of a Category H operation (c). Since either the pilot’s authoriza­ as to exactly what is required. Where ap­ when a ground or airborne component tion (as provided in § 61.5(e)) or the lack plicable, the language has been brought of the inner marker system is inopera­ of decision height equipment in the air­ into conformity with that used in § 91.33. tive. In addition, considerable difficulty craft (under section 2 of Appendix A, to (d) In response to comments received, has been encountered in establishing be discussed below) may limit the opera­ a sentence has been added to the ILS a test program that will adequately cor­ tion to a 150-foot decision height, these localizer and glide slope receiver require­ rect barometric altimeters for use at a limitations must be considered in addi­ ments of section 2(a) (1) to provide that 100-foot decision height. This has pre­ tion to the decision height prescribed a single localizer antenna and glide slope vented the agency from developing in the approach procedure. N antenna may be used. However, certain standards by which the accuracy of the The rules adopted do not set forth any ILS installations have a single antenna altimeters can be measured. In view of restriction on the initiation of an ap­ and power source serving both the TT.fi these factors, which make the use of proach. This allows general aviation receivers and the VHF communications this alternative unlikely, the agency has pilots to conduct a Category II opera­ system. With such an installation, use decided to delete the barometric altim­ tion without regard to the reported of the VHF communications causes loss eters as a system for identifying de­ weather just as they may do with a nor­ of ILS indications, an undesirable situ­ cision heights below 150 feet. mal ILS approach. However, if the air­ ation during a Category n operation. This is not intended to preclude the plane is not in a position to land with the Therefore, section 2(a) (2) requires that use of the barometric altimeters at the pilot having a visual refemce to the the use of the communication system lower decision heights if the satisfac­ runway, a missed approach must be ex­ must not affect the TT.fi system. tory test program can be developed and ecuted at the authorized decision height. (e) A marker beacon receiver for the they can be corrected so as to allow safe The additional 50-foot descent allowed outer and middle marker is required by operation at a height of 100 feet. At such by § 91.117(h) when the airplane is clear § 91.117Ü) for ILS approaches, but this time the agency will consider a change of clouds is not applicable here because does not provide for distinctive indica­ to the equipment list to allow their use of the very critical altitudes to which tions. Since all airports with Category II as a decision height identification system. descent is allowed in Category n opera­ approaches will be required to have an (i) The missed approach attitude tions. inner marker that is necessarily very guidance is deleted as unnecessary. The

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6904 RULES AND REGULATIONS

attitude gyrosysteins will invariably pro­ (g) The requirements of the demon­ be performed by certificated repair sta­ vide this guidance without imposition of strations have been reworded with two tions. an additional requirement. minor changes. Glide slope deviation (d) The notice would have required (j) The essential instruments and allowable on a successful approach has evidence of bench check (overhaul) of equipment that require failure warning been redefined in terms of indicator de­ equipment within 6 months before appli­ systems have been specifically listed in flection and the demonstrations must be cation for approval of the maintenance section 2(b) (1) of the Appendix. conducted under simulated instrument program. The 6-month period is changed (k) Although the whole tenor of the conditions in order to adequately evalu­ to 12 months, and the section is re­ notice was that only dual piloted air­ ate the operation of the system. This arranged and placed in section 4 so it is planes would be approved for Category does not preclude demonstrations under more clearly a requirement for approval II operations, dual controls were not pro­ actual conditions to normal TT.K mini­ rather than a part of the maintenance vided for specifically. This deficiency is mums and then under simulated condi­ program. Specific criteria for these prior remedied in section 2(b)(2). tion to 100 feet. However, since the air­ checks are also placed in new section 6. Approval of equipment, (a) Theplane is not approved for Category H 3(a). The references to Advisory Circu­ notice provided for approval of all in­ operations, it cannot be used in an ap­ lar 20-31 in the proposal are replaced by struments and equipment by either type proach under actual instrument condi­ an RTCA Paper since this is the only por­ or supplemental type certification or tions to 100 feet. tion of the advisory circular that must by an equipment evaluation program. (h) No time limit for keeping evalua­ be followed. A statement of cost and However, the demonstrations of the eval­ tion program records was set in the availability of the RTCA paper is also uation program were designed only to notice. The final rule now requires this included. test the flight control guidance system (low approach system). Consequently, only for the duration of the program. (e) The list of instruments and equip­ the section of the Appendix has been (i) A new subparagraph (4) has been ment in the contents of the maintenance reorganized to provide more realistic added to the evaluation program since program is reduced to those specified in criteria for approval of the other instru­ it was possible for a flight control guid­ section 2 of the Appendix instead of all ments and equipment. ance system to meet the criteria for suc­ those required by § 91.33(f). It is also (b) The first two paragraphs of pro­ cessful approaches and still have danger­ limited to those items that are approved posed section 2 have been combined into ous design deficiencies. The criteria for for Category II operations and therefore section 3(a). The reference to method of successful approaches are not intended subject to the maintenance program. approval contained is dropped and new to be the sole standard for approval. (f) The provisions of sections 3(a) (3), paragraphs (b), (c), and (d) now con­ 7. Maintenance, (a) A number of3(a)(6), 3(b), and 3(c) have been re­ tain the criteria for approval of instru­ comments expressed concern over the organized and now comprise subpara­ ments and equipment. large volume of material the operator graphs 4(a) (2) through (5) in the con­ (c) New section 3(b) now provides the would have to place in the maintenance tents of the maintenance program. three alternative methods of approval portion of his Category n manual, in (g) Section 3(a) (5) is deleted and its only for the flight control guidance sys­ response to these comments, the agency purpose is achieved by § 91.34(a) (3). tem. In addition, it specifically requires is preparing an Advisory Circular that (h) The inspection schedule calls for approval of changes to make, model, or will contain guidelines from which an inspections every three months as op­ design. However, approval of these acceptable and moderate sized mainte­ posed to four inspections every 12 months changes will not necessarily involve the nance program for Category n instru­ proposed in the notice. The operational same burden as the initial approval. ments and equipment can be developed flight check is now called a functional Since the evaluation program demon­ by the operators involved. flight check and the pilot’s authoriza­ strations can be waived by the Adminis­ tion must include the type airplane in (b) The portions of the proposed sec­ which the equipment to be checked is trator, it is possible for minor changes tion 3(a) relating to program approval to be approved without any demonstra­ installed. are deleted since the maintenance pro­ (i) A new section 4(a) (6) will assure tion flights. Optional equipment, al­ gram is an integral part of the Category though not required by section 2 of the that the pilot is aware of any defects in II manual and will be approved as part instruments and equipment listed in the Appendix, must also be approved if it of that document. is to be used in Category II operations. maintenance program. The knowledge (c) In view of the misunderstanding will enable him to decide whether or not (d) The radio altimeter, if it is to be of the term “overhaul,” used in the main­ used as decision height equipment, is a the airplane can be used in a Category tenance program of the Appendix, it n operation. If it can be so used, he will critical system requiring stringent ap­ appears desirable to substitute the term proval criteria. The evaluation program also know if it is limited to a 150-foot “bench check” for the term “overhaul.” decision height because of a defect in was deficient in this regard and separate The term “overhaul” denotes a complete performance criteria for approval have the decision height system. tear down and reassembly. A “bench ~(j) Section 4(a) (7) assures that the been established in new section 3(c). check,” however, usually denotes a re­ (e) The balance of the required in­ listed instruments and equipment upon moval of the item from the airplane; a which maintenance is performed are re­ struments and equipment are approved visual inspection for cleanliness, impend­ turned to their originally approved con­ under new section 3(d) which is self- ing failure, need for lubrication, and dition. The ability to legally conduct a explanatory. It should be noted that need for repair or replacement of parts; Category H operation depends on a com­ only those changes that constitute alter­ the correction of any deficiencies found *. pliance with the maintenance program ations need be approved once the basic and calibrations to the proper specifica­ system has been approved. and this procedure will be a part of that tions. Since the latter meaning is in­ program. Therefore, if a piece of equip­ (f) The evaluation program has been tended, all references in the mainte­ ment is required for a particular Cate­ moved from section 2(c) to section 3 nance program have been appropriately gory II operation, but has not been main­ (e). Application is made as a part of the amended. In addition, a definition of a tained in its approved condition, the application for approval of the Category “bench check” has been included in sec­ maintenance program has not been com­ II manual. Approval of the contents of tion 4(b) of the Appendix. One comment plied with and the airplane cannot be the manual, including the maintenance noted that any appropriately rated PAA used for that Category n operation. program, will proceed concurrently with approved repair station should be able (i) Since § 43.9 requires maintenance the instrument and equipment approval. to perform maintenance on required records to be maintained in accordance Upon successful completion of the eval­ Category n equipment. Therefore, it with that section, the first sentence of uation program, approval of the other would be unnecessary to list in the main­ proposed section 3(d) which referred to instruments and equipment, and ap­ tenance program each maintenance fa­ the recordkeeping requirements of § 43.9 proval of the contents of the manual, cility to be used by the operator. The is unnecessary and has been deleted from the manual itself will be approved for agency agrees and has deleted this re­ the rules as adopted. The requirement that airplane. Thereafter, the airplane quirement from the contents of the for data respecting a discontinued Cate­ may be used in Category n operations, maintenance program. However, bench gory II approach has been retained in subject to the other operating rules. checks (overhaul) are now required to section 4(a) (8).

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6905

(k) A number of comments objected to § 1.2 [Amended] after the practical test was passed in that the periodic maintenance requirements b. By adding the following abbrevia­type airplane. If the holder of the au­ proposed for Category II navigation and tions to § 1.2 in their proper alphabetical thorization passes the practical test for a communication equipment, particularly order: renewal in the calendar month before the requirement for an annual bench “CAT II” means Category II. the authorization expires, he is consid­ check. The FAA believes that the pro­ “DH” means decision height. ered to have passed it during the calen­ posed periodic maintenance requirements “RVR” means runway visual range as dar month the authorization expired. are realistic and necessary, especially measured in the touchdown zone area. d. By adding the following new section during the initial period of authorization after § 61.35: to engage in Category II operations. However, the rule has been revised to al­ PART 61— CERTIFICATION: PILOTS § 61.36 Category II pilot authorization: experience requirements. low extension of periodic maintenance AND FLIGHT INSTRUCTORS intervals after the completion of at least (a) An applicant for a Category II one 12-month maintenance cycle, if the 2. By amending Part 61 as follows: pilot authorization must hold— operator can show that longer intervals a. By adding the following new para­ (1) A pilot certificate with an instru­ are justified on the basis of his operat­ graph at the end of § 61.3: ment rating or an airline transport pilot ing experience. § 61.3 Certificates and ratings required. certificate; and 8. Part 135—Air taxi and commercial * * * * * (2) A type rating for the airplane type operators, (a) In response to requests re­ (g) Category II pilot authorization. if the authorization is requested for a ceived from Part 135 operators, the (1) No person may act as pilot in com­ large airplane or a small turbojet agency has concluded that Category II mand of a civil aircraft in a Category n airplane. operations should also be authorized for operation unless he holds a current Cate­ (b) Except for the holder of an airline qualified operators of airplanes under gory II pilot authorization for that type transport pilot certificate, an applicant Part 135. Since the rules of Part 91 apply aircraft or, in the case of a civil aircraft for a Category n authorization must to operations under Part 135, the amend­ of foreign registry, he is authorized by have at least— ments to Part 91 will apply to operations the country of registry to act as pilot in (1) 50 hours of night flight time under under Part 135. Each holder of an ATCO VFR conditions as pilot in command; certificate will be required by § 135.9(a) command of that aircraft in Category to obtain an appropriate authorization n operations. (2) 75 hours of instrument time under in his operations specifications before (2) No person may act as second in actual or simulated conditions, that may conducting Category II operations un­ command of a civil aircraft in a Category include 25 hours in a synthetic trainer; der Part 135. This authorization will be n operation unless he holds a current and given upon a showing by the operator instrument rating or an airline transport (3) 250 hours of cross-country flight that he meets the requirements of Parts pilot certificate or, in the case of a civil time as pilot in command. 61 and 91 for a Category II operation. aircraft of foreign registry, he is au­ Night flight and instrument flight time Those operators presently authorized to thorized by the country of registry to act used to meet the requirements of sub- conduct Category II operations should as second in command of that aircraft paragraphs (1) and (2) of this para­ continue to follow their present opera­ in Category II operations. graph may also be used to meet the re­ tions specifications until they are (3) This paragraph does not apply to quirements of subparagraph (3) of this amended to provide for the conduct of operations conducted by the holder of a paragraph. those operations under Part 91. certificate issued under Part 121 of this chapter. e. By adding the following new section (b) In order to make clear that two after § 61.37: pilots are required for Category IT oper­ b. By redesignating § 61.5 (e) and (f) ations and that such operations are not as (f) and (g), respectively, and insert­ § 61.37A Category II pilot authoriza­ subject to the exceptions for limited IFR ing the following after § 61.5(d). tion : practical test. conditions and for the use of an autopilot (a) Test required. The practical test system, a new § 135.72 has been added. § 61.5 Application and issue. * * * * * must be passed by— Upon consideration of the comments (1) An applicant for issue or renewal received in response to Notice 65-35, (e) A Category n pilot authorization of an authorization. Parts 1, 61, 91, and 135 of the Federal is issued as a part of the applicant’s in­ (2) An applicant for the addition of Aviation Regulations are amended as strument rating or airline transport pilot another type airplane to his authoriza­ follows, effective August 7,1967. certificate. Upon original issue the au­ tion. thorization contains a limitation for (b) Eligibility. To be eligible for the PART 1— DEFINITIONS AND Category II operations of 1,600 feet RVR practical test an applicant under para­ ABBREVIATIONS and a 150-foot decision height. This graph (a) of this section must meet the 1. By amending Part 1 as follows: limitation is removed when the holder requirements of § 61.36 and, if he has shows that since the beginning of the not passed a practical test since the be­ § 1,1 [Amended] sixth preceding calendar month he has ginning of the 12th calendar month made three Category n ILS approaches before the test, must meet the following a. By adding the following definitionsto a landing under actual or simulated recent experience requirements: to § 1.1 in their proper alphabetical instrument conditions with a 150-foot order: (1) The requirements of § 61.47 (d) or decision height. (e) appropriate to the pilot certificate “Category II operations,” with respect * * * * * held by the applicant. to the operation of aircraft, means a c. By adding the following new section (2) At least six ILS approaches since straight-in ILS approach to the runway after § 61.9: the beginning of the sixth calendar of an airport under a Category II ILS month before the test. These approaches § 61.10 Duration of Category II pilot must be under actual or simulated instru­ instrument approach procedure issued by authorization. ment flight conditions down to the mini­ the Administrator or other appropriate A Category n pilot authorization ex­ mum landing altitude for the ILS ap­ authority. pires at the end of the sixth calendar proach in the type airplane in which the “Decision height,” with respect to the month after it was issued or renewed. flight test is to be conducted. However, operation of aircraft, means the height Upon passing a practical test it is re­ the approaches need not be conducted at which a decision must be made, dur­ newed for each type airplane for which down to the decision heights authorized an authorization is held. However, an for Category n operations. At least three ing an ILS or PAR instrument approach, authorization for a particular type air­ of these approaches must have been con­ to either continue the approach or to plane will not be renewed to extend be­ ducted manually, without the use of an execute a missed approach! yond the end of the 12th calendar month approach coupler.

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 No. 87-----2 6906 RULES AND REGULATIONS

The flight time acquired in meeting the to the minimum landing altitude for the the holder of a certificate issued under requirements of subparagraph (2) of this ILS approach. However, the approaches Part 121 of this chapter unless the oper­ paragraph may be used to meet the re­ need not be conducted down to the deci­ ation is conducted in accordance with quirements of subparagraph (1) of this sion heights authorized for Category II that certificate holder’s operations speci­ paragraph. operations. fications. (c) Practical test. The practical test consists of two phases: b. By striking out the references “(b)- (1) Phase I—oral operational test. The PART 91— GENERAL OPERATIONS (e) ” in § 91.33(a) and inserting the ref­ applicant must demonstrate his knowl­ AND FLIGHT RULES erences “(b) through (f) ” in place edge of the following: thereof and by adding a new paragraph - 3. By amending Part 91 as follows: (f) to § 91.33 as follows: (1) Required landing distance. a. By adding the following new section (ii) Recognition of the decision height. after § 91.5: § 91.33 Powered civil air craft with (iii) Missed approach procedures and standard category U.S. airworthiness techniques utilizing computed or fixed § 91.6 Category II operation: general certificates; instrument and equip­ attitude guidance displays. operating rules. ment requirements. (iv) RVR, its use and limitations. (a) No person may operate a civil air­ ***** (v) Use of visual clues, their availa­ craft in a Category II operation unless— (f) Category II operations. For Cate­ bility or limitations, and altitude at (1) The pilot flight crew of the air­ gory H operations the instruments and which they are normally discernible at craft consists of a pilot in command and equipment specified in paragraph (d) of reduced RVR readings. a second in command who hold the ap­ this section and Appendix A to this part (vi) Procedures and techniques related propriate authorizations and ratings pre­ are required. This paragraph does not to transition from nonvisual to visual scribed in § 61.3 of this chapter; and apply to operations conducted by the flight during a final approach under re­ (2) Each flight crewmember has ade­ holder of a certificate issued under Part duced RVR. quate knowledge of and familiarity with, 121 of this chapter. (vii) Effects of vertical and horizontal the aircraft and the procedures to be wind shear. used by him. c. By adding the following new section (viii) Characteristics and limitations (b) Unless otherwise authorized by after § 91.33: of the ILS and runway lighting systems. the Administrator, no person may oper­ § 9 1 .3 4 Category II m anual. (ix) Characteristics and limitations of ate a civil aircraft in a Category II oper­ (a) No person may operate a civil air­ the flight director system, auto approach ation unless each ground component craft of U.S. registry in a Category II coupler (including split axis type if required for that operation and the re­ operation unless— equipped), auto throttle system (if lated airborne equipment is installed and equipped), and other required Category operating. The ground components are (1) There is available in the aircraft II equipment. localizer, glide slope, outer marker, mid­ a current approved Category II manual (x) Assigned duties of the second in dle marker, inner marker, approach for that aircraft; command during Category II approaches. lights, high intensity runway lights, (2) The operation is conducted in ac­ (xi) Instrument and equipment fail­ touchdown zone lights, centerline light­ cordance with the procedures, instruc­ ure warning systems. ing and marking, and a runway visual tions, and limitations in that manual; (2) Phase II—Flight test. The flight range system for the touchdown zone. In and test must be taken in an airplane that addition, when the runway visual range (3) The instruments and equipment meets the requirements of Part 91 of this for the touchdown zone is reported as listed in the manual that are required for chapter for Category II operations. The less than 1,600 feet, a rollout zone runway a particular Category II operation have test consists of at least two ILS ap­ visual range system must be installed been inspected and maintained in ac­ proaches to 100 feet including at least and operating. A compass locator or pre­ cordance with the maintenance program one landing and one missed approach. cision radar may be substituted for fixing contained in that manual. All approaches must be made with the the outer or middle marker. The inner (b) Each operator shall keep a current approved flight control guidance system marker is not required if the decision copy of the approved manual at its prin­ except that, if an approved automatic height to be used is 150 feet or greater cipal base of operations and shall make approach coupler is installed, at least or if the airplane has an approved radio it available for inspection upon request of one approach must be made manually. altimeter as provided in Appendix A to the Administrator. In the case of a multiengine airplane that this part. (c) This paragraph does not apply to has performance capability to execute a (c) No person may operate an aircraft operations conducted by the holder of a missed approach with an engine-out, the in a Category II operation below the au­ certificate issued under Part 121 of this missed approach must be executed with thorized decision height unless— chapter. one engine set in idle or zero thrust posi­ (1) The aircraft is in a position from d. By adding a new Appendix A to tion before reaching the middle marker. which a normal approach to the runway read: The required flight maneuvers must be of intended landing can be made; and Appendix A (2) The approach threshold of that performed solely by reference to instru­ CATEGORY II OPERATIONS: MANUAL, INSTRU­ ments and in coordination with a second runway, or the approach lights or other MENTS, EQUIPMENT AND MAINTENANCE in command who holds a class rating markings identifiable with the approach end of that runway are clearly visible to 1. C ategory I I M anual— (a) Application for and, in the case of a large airplane or a approval. An applicant for approval of a small turbojet airplane, a type rating for the pilot. Category II manual or an amendment to an that airplane.' If upon arrival at the authorized^ decision approved Category II manual must submit f. By adding the following new para­height, or at any time thereafter, any the proposed manual or amendment to the graph at the end of § 61.47: of the above requirements are not met, General Aviation District Office having Ju­ the pilot shall immediately execute the risdiction of the area in which the applicant § 61.47 Recent flight experience. appropriate missed approach procedure. is located. If the application requests an * # * * * evaluation program, it must include the For the purposes of this paragraph, the follow ing: (h) Instrument: Category II opera-authorized decision height is the decision (1) The location of the airplane and the tion. No person may act as pilot in com­ height prescribed for the approach, au­ place where the demonstrations are to be mand of a civil aircraft during a Cate­ thorized for the pilot in command, or for conducted: and gory II operation unless, since the begin­ which the aircraft is equipped, whichever (2) The date the demonstrations are to ning of the sixth preceding calendar is higher. commence (at least 10 days after filing the month, he has made at least three ILS (d) Paragraphs (a), (b), and (c) of application). (b) C o n ten ts. Each Category II manual approaches with the make and basic this section do not apply to operations must contain— model flight control guidance system conducted by the holder of a certificate (1) the registration number, make, and used in that operation. The approaches issued under Part 121 of this chapter. model of the airplane to which it applies; must have been made under actual or No person may operate a civil aircraft (2) A maintenance program as specified simulated instrument flight conditions in a Category II operation conducted by in section 4 of this Appendix; and

FEDERAL REGISTER, VOL 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6907

(3) The procedures and instructions re­ may be obtained from the RTCA Secretariat, than one-half of the total approaches on any lated to recognition of decision height, use 2000 K Street NW., Washington, D.C. 20006, one ILS facility. All approaches shall be of runway visual range information, ap­ at cost of 50 cents per copy, payment in cash flown under simulated instrument condi­ proach monitoring, the decision region (the or by check or money order payable to the tions to a 100-foot decision height and 90 region between the middle marker and the Radio Technical Commission for Aeronau­ percent of the total approaches made must decision height), the maximum permissible tics; be successful. A successful approach is one deviations of the basic ILS indicator within (2) The altimeters and the static pressure in w hich— the decision region, a missed approach, use of systems were tested and inspected in accord­ (i) At the 100-foot decision height, the airborne low approach equipment, minimum ance with Appendix E to Part 43 of this indicated airspeed and heading are satisfac­ altitude for the use of the autopilot, instru­ chapter; and tory for a normal flare and landing (speed ment and equipment failure warning systems, (3) All other instruments and items of must be plus or minus 5 knots of pro­ instrument failure, and other procedures, in­ equipment specified in section 2(a) of this gramed airspeed but may not be less than structions, and limitations that may be found Appendix that are listed in the proposed computed threshold speed, if auto throttles necessary by the Administrator. maintenance program were bench checked are u s e d ); 2. Required instruments and equipment. and found to meet the manufacturer’s speci­ (ii) The airplane, at the 100-foot decision The instruments and equipment listed in this fications. height, is positioned so that the cockpit is section must be installed in each airplane (b) Flight control guidance system. All within, and tracking so as to remain within, operated in a Category n operation. This sec­ components of the flight control guidance the lateral confines of the runway extended; tion does not require duplication of instru­ system must be approved as installed by the (iii) Deviation from glide slope after ments and equipment required by § 91.33 or evaluation program specified in paragraph leaving the outer marker does not exceed any other provisions of this chapter. (e) of this section if they have not been 50 percent of full scale deflection as dis­ (a) G roup I. (1) Two localizer and glide approved for Category II operations under played on the ILS indicator; slope receiving systems. However, a single applicable type or supplemental type cer­ (iv) No unusual roughness or excessive localizer antenna and a single glide slope tification procedures. In addition, subsequent attitude changes occur after leaving the antenna may be used. changes to make, model or design of these middle marker; and (2) A co m m u n icatio n s system th a t does components must be approved under this (v) In the case of an airplane equipped not affect the operation of at least one of paragraph. Related systems or devices such with an approach coupler, the airplane is the ILS systems. as the auto throttle and computed missed sufficiently in trim when the approach cou­ (3) A marker beacon receiver that pro­ approach guidance system must be approved pler is disconnected at the decision height to vides distinctive aural and visual indica­ in the same manner if they are to be used allow for the continuation of a normal ap­ tions of the outer and the middle marker. for Category II operations. proach and landing. (4) Two gyroscopic pitch and bank indi­ (c) Radio altimeter. A radio altimeter (3) R ecords. During the evaluation pro­ cating systems. must meet the performance criteria of this gram the following information must be (5) Two gyroscopic direction indicating paragraph for original approval and after maintained by the applicant for the airplane systems. each subsequent alteration. with respect to each approach and made (6) Two airspeed indicators. (1) It must display to the flight crew available to the Administrator upon request: (7) Two sensitive altimeters adjustable for clearly and positively the wheel height of the (i) Each deficiency in airborne instru­ barometric pressure, each having a placarded main landing gear above the terrain. ments and equipment that prevented the correction for altimeter scale error and for (2) It must display wheel height above initiation of an approach. the wheel height of the airplane. the terrain to an accuracy of plus or minus (ii) The reasons for discontinuing an (8) Two vertical speed indicators. 5 feet or 5 percent, whichever is greater, approach including the altitude above the (9) A flight control guidance system that under the following conditions: runway at which it was discontinued. consists of either an automatic approach (1) Pitch angles of zero to plus or minus (iii) Speed control at the 100-foot decision coupler or a flight director system with dual 5 degrees about the mean approach attitude. height if auto throttles are used. displays, or both. A single axis flight direc­ (ii) Roll angles of zero to 20 degrees in (iv) Trim condition of the airplane upon tor system giving computed roll information either direction. disconnecting the auto coupler with respect is acceptable if basic guide slope informa­ (iii) Forward velocities from minimum to continuation to flare and landing. tion is displayed on each of the dual dis­ approach speed up to 200 knots. (v) Position of the airplane at the middle plays. (iv) Sink rates from zero to 15 feet per marker and at the decision height indicated (10) For Category II operations with deci­ second at altitudes from 100 to 200 feet. both on a digram of the basic ILS display sion heights below 150 feet, either a marker (3) Over level ground, it must track the and a diagram of the runway extended to beacon receiver providing aural and visual actual altitude of the airplane without sig­ the middle marker. Estimated touch down indications of the inner marker or a radio nificant lag or oscillation. point must be indicated on the runway altim eter. (4) With the airplane at an altitude of diagram . (b) G roup II. (1) Warning systems for 200 feet or less, any abrupt change in terrain (vi) Compatibility of flight director with immediate detection by the pilot of system representing no more than 10 percent of the the auto coupler, if applicable. faults in items (1), (4), (5), and (9) of airplane’s altitude must not cause the al­ (vii) Quality of overall system perform-, Group I and, if installed, for use in Category timeter to unlock, and indicator response to ance. II operations, the radio altimeter and auto such changes must not exceed 0.1 second, (4) Evaluation. A final evaluation of the throttle system. and in addition, if the system unlocks for flight control guidance system is made upon (2) Dual controls. greater changes, it must require the signal successful completion of the demonstrations. (3) An externally vented static pressure in less than 1 second. If no hazardous tendencies have been dis­ system with an alternate static pressure (5) Systems that contain a push-to-test played or are otherwise known to exist, the source. feature must test the entire system (with or system is approved as Installed. (4) A windshield wiper or equivalent without an antenna) at a simulated altitude 4. Maintenance program, (a) Each main­ means of providing adequate cockpit visibil­ of less than 500 feet. tenance program m ust contain the following: ity for a safe visual transition by either pilot (6) The system m ust provide to the flight (1) A list of each instrument and item of to touch down and roll out. crew a positive failure warning display any equipment specified in section 2 of this Ap­ (5) A heat source for each airspeed sys­ time there is a loss of power or an absence pendix that Is installed in the airplane and tem pitot tube installed or an equivalent of ground return signals within the designed approved for Category II operations, includ­ means of preventing malfunctioning due to range of operating altitudes. ing the make and model of those specified in icing of the pitot system. (d) Other instruments and equipment. All section 2(a). 3. Instruments and equipment approval— other instruments and items of equipment (2) A schedule that provides for the per­ (a) General. The instruments and equip­ required by section 2 of this Appendix must formance of inspections under subparagraph ment required by section 2 of this Appen­ be capable of performing as necessary for (5) of this paragraph within 3 calendar dix must be approved as provided in this Category II operations. Approval is also re­ months after the date of the previous inspec­ section before being used in Category n oper­ quired after each subsequent alteration to tion. The inspection must be performed by a ations. Before presenting an airplane for ap­ these instruments and items of equipment. person authorized by Part 43 of this chapter, proval of the instruments and equipment, (e) Evaluation program — (1) Application. except that each alternate inspection may be it must be shown that, since the beginning Approval by evaluation is requested as a part replaced by a functional flight check. This of the 12th calendar month before the date of the application for approval of the Cate­ functional flight check m ust be performed by of submission— gory II manual. a pilot holding a Category II pilot authoriza­ (1) The ILS localizer and glide slope (2) Demonstrations. Unless otherwise au­ tion for the type airplane checked. equipment were bench checked according to thorized by the Administrator, the evalua­ (3) A schedule that provides for the per­ the manufacturer’s instructions and found tion program for each airplane requires the formance of bench checks for each listed to meet those standards specified In RTCA demonstrations specified in this subpara­ instrument and item of equipment that is Paper 23-63/DO-117, dated March 14, 1963, graph. At least 50 ILS approaches must be specified in section 2(a) within 12 calendar “Standard Adjustment Criteria for Airborne flown with at least five approaches on each months after the date of the previous bench Localizer and Glide Slope Receivers,” which of three different ILS facilities and no more check.

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6908 RULES AND REGULATIONS

(4) A schedule that provides for the per­ [Docket No. 7095; Arndts. 23-5, 25-11, 27-1, currently administered and as reflected formance of a test and inspection of each 29-2] in this amendment. static pressure system in accordance with Appendix E to Part 43 of this chapter within AIRCRAFT PROPULSION SYSTEM Proposed new §§ 23.906, 25.906, 27.906, 12 calendar months after the date of the DESIGN REQUIREMENTS and 29.906 are withdrawn. These pro­ previous test and inspection. posed sections would have required the (5) The procedures for the performance of Miscellaneous Amendments to applicant for an aircraft type certificate the periodic inspections and functional flight Chapter to obtain, from the engine and propeller checks to determine the ability of each listed manufacturer, all vibration information instrument and item of equipment specified This amendment adds miscellaneous in section 2(a) of this Appendix to perform that those manufacturers can supply to changes to the propulsion system design show compliance with the vibration re­ as approved for Category II operations in­ requirements for airplanes and rotor- cluding a procedure for recording functional quirements for aircraft. One industry flight checks. craft. This amendment is based on, and comment stated that the proposed rule (6) A procedure for assuring that the pilot reflects public comments concerning, no­ is unnecessary since § 21.21(b) requires, is informed of all defects in listed instru­ tice of proposed rule making 65-43, pub­ for an aircraft, that no feature or char­ ments and items of equipment. lished in the F ederal R e g ist e r (31 F .R . acteristic make it unsafe for the cate­ (7) A procedure for assuring that the con­ 93) on January 5, 1966. Except as modi­ dition of each listed instrument and item of gory in which certification is requested. fied by the following discussion, the rea­ Another industry comment stated that equipment upon which maintenance is per­ sons for this amendment are those in the formed is at least equal to its Category II the proposal is not stringent enough. approval condition before it is returned to notice. Changes to the proposals in the The FAA will continue in the future, as service for Category II operations. notice, and disposition of public com­ it has in the past, to administer § 21.21 (8) A procedure for an entry in the main­ ments, are as follows: (b) to require the use of engine and tenance records required by § 43.9 of this The amendments to the combustion propeller vibration data to account for chapter that shows the date, airport, and heater fire protection requirements of vibration conditions that result from reasons for each discontinued Category II §§ 23.859, 25.859, 27.859, and 29.859 are the combination of specific engines, pro­ operation because of a malfunction of a listed ‘drafted as proposed. One comment ob­ instrument or item of equipment. pellers, and airframes,- where such in­ (b) Bench check. A bench check required jected to the proposals for the following vestigation is necessary for safety. It by this section must comply with this reasons: (1) The commentator states is believed, however, that the possible p arag rap h . that this amendment would cause un­ kinds and sources of adequate vibration (1) It must be performed by a certificated necessary expense and increase system data are too numerous to be adequately repair station holding one of the following complexity with a resultant reduction in covered in a specific, enforceable stand­ ratings as appropriate to the equipment reliability. The Administrator disagrees. ch eck e d : ard at this time. (1) An in s tru m e n t ra tin g . This amendment merely clarifies the The proposed change to § 23.907, de­ (ii) A radio rating. rules to reflect longstanding administra­ leting the reference to the propeller man­ (iii) A rating issued under Subpart D of tion of the rules to require the appro­ ufacturer, was based on proposed new P a rt 145. priate shutoff device when any of the § 23.906 which would have made that (2) It must consist of removal of an in­ listed conditions occurs. Combustion reference redundant. Since proposed strument or item of equipment and perform­ heaters have been meeting this re­ ance of the following: § 23.906 is withdrawn, the proposed quirement for many years without change to § 23.907 is not appropriate and (i) A visual inspection for cleanliness, im­ evidence of unnecessary complexity or pending failure, and the need for lubrication, is also withdrawn. repair, or replacement of parts; reduced reliability related to the require­ The notice proposed to amend (ii) Correction of items found by that ment. This amendment makes no sub­ § 25.933 to require that each turbojet visual inspection; and stantive change to this practice; (2) the reversing system must have means to (iii) Calibration to at least the manufac­ commentator states that the words “and prevent the engine from producing more turer’s specifications unless otherwise speci­ hold off” are present in Parts 23 and 27 than “idle forward thrust” ,when the re­ fied in the approved Category II manual for but not in Parts 25 arid 29, which indi­ versing controls are set for reverse but the airplane in which the instrum ent or item cates that an unnecessary burden may the reversing system is not in the re­ of equipment is installed. be involved in the case of nontransport verse position. Two comments stated that (c) Extensions. After the completion of category aircraft and should be deleted one maintenance cycle of 12 calendar months the limitation to “idle forward thrust” from Parts 23 and 27. The words “and would impede reverser design unneces­ a request to extend the period for checks, hold off” are in the present rule. This tests, and inspections is approved if it is sarily and suggested that maintenance shown that the performance of particular amendment was intended to effect no of directional control during reverser equipment justifies the requested extension. substantive change. This comment there­ malfunction should be the only test for fore goes beyond the legitimate scope of compliance. The administrator agrees the notice. However, the Administrator that safety does not require a limitation PART 135— AIR TAXI OPERATORS agrees that this comment may have to any specific thrust value if directional AND COMMERCIAL OPERATORS OF merit. The comment will therefore be control can in fact be maintained. The SMALL AIRCRAFT retained for possible rule-making action; approach recommended by industry is (3) the commentator states that the rule therefore allowed, by exception, in this 4. By adding the following new sectionshould be clarified to allow the pilot to amendment. However, in adopting the after § 135.71: reenergize the heater after it has been industry approach, it must be pointed § 135.72 Second in command required shut off in flight, and to allow the use of out that safety requires that directional in Category II operations. one safety device to meet the rule with control capabilities be investigated under respect to all of the listed conditions re­ No person may operate an aircraft in the most critical conditions expected in quiring shutoff. The Administrator dis­ operation. Safety also requires that such a Category n operation unless there is a agrees. This amendment, as written, does second in command of the aircraft. control be maintained with aerodynamic not prohibit re-energizing the heater means alone, since rapid diagnosis of a (Secs. 313(a), 601, 602, 603, Federal Aviation during flight, nor does it prohibit the reverser malfunction, and timely cor­ Act of 1958; 49 U.S.C. 1354, 1431-1423) use of a single device that otherwise rection by use of thrust controls, cannot Note: The recordkeeping and reporting complies. requirements contained herein have been be assumed when a reverser fails at the approved by the Bureau of the Budget in Another comment stated that long op­ most critical condition. Dependence, accordance with the Federal Reports Act of erating experience with combustion even partial dependence, on other non- 1942. heaters does not indicate a need for aerodynamic means of control such as “this sophisticated system.” As stated Issued in Washington, D.C., on April 25, differential use of brakes, is also not 1967. above, no change in practice would re­ consistent with safety under the most sult from this clarifying amendment. critical conditions in which reverser mal­ ' W il l ia m P . M cK e e , No change in required degree of sophis­ function could occur. Section 25.933 is Administrator. tication is intended. The cited long oper­ drafted to reflect these factors. [F.R. Doc. 67-5033; Filed, May 4, 1967; ating experience was in fact obtained The notice proposed to amend § 25.939 8:47 a.m .] with systems which meet the rule as to require that operation of the airplane

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6909 within the portion of the flight envelope the turbine engine to fuel flow stoppage, should be limited to tanks which supply that produces the “highest negative ac­ the high flow rates in the system, and the the engine in normal operation, and celeration loads” may not cause hazard­ consequent speed with which air intro­ should not be applied to tanks that can ous malfunction of any part of the tur­ duced into the system can reach the en­ supply the engine by cross feed. The bine powerplant, and to require that “the gine and result in flameout; (5) the com­ Administrator agrees. This amendment vibration characteristics” of turbine mentator states that, while it is true that thus uses the words “any other tank, that engine components whose failure could extended periods of negative acceleration normally supplies fuel to that engine be catastrophic may not be “adversely may result in deterioration in perform­ alone, * * One comment objected to affected” during normal operation. The ance due to interrupted flow, turbine en­ the proposal, stating that the probability notice also proposed to add new §§ 27.939 gine fuel systems have been shown to be of an almost depleted tank in a single­ and 29.939 containing the requirements acceptable for the shorter exposure times tank-per-engine fuel system is very low. of § 25.959 in effect prior to this amend­ actually encountered. The Administrator This amendment, however, applies only ment plus the same negative accelera­ agrees. Investigation of the safety of tur­ where another tank that normally sup­ tion and vibration requirements added bine fuel systems under representative plies the engine contains usable fuel, to § 25.939. negative acceleration loads has long been which would not be the case in a single- One comment objected to the negative required by special condition. This tank-per-engine system. Another com­ acceleration requirement for the follow­ amendment therefore changes the pro­ ment recommended that this amend­ ing reasons: (1) The commentator states posal by adding the words “this must be ment make it clear that manual switch­ that the requirement involves engine shown for the greatest duration expected ing capability is required. This comment design and may therefore be beyond the for that acceleration.” is accepted. The proposal did not intend aircraft manufacturer’s control. The The commentator objected to the pro­ to eliminate present practice with respect Administrator does not agree that re­ posed vibration requirement, which af­ to appropriate manual switching cap­ sponsibility for proper operation of the fects Parts 25, 27, and 29, for the follow­ ability. A further comment objected to turbine engine powerplant within the ing reasons: (1) The commentator states the proposal for the following reasons: established flight envelope can be divided that the proposal is unnecessary in Part (1) The commentator states that to re­ between the airplane and engine manu­ 25, because of general § 25.601. The Ad­ quire a “means” that is “automatic” facturers during type certification of the ministrator agrees that § 25.601 may be strongly implies a sophisticated device airplane. Further, aircraft applicants administered to cover specific vibration that would introduce unnecessary have shown themselves capable of show­ hazards. However, the Administrator’s hazards of its own. In order to prevent ing compliance with special conditions practice is to prescribe specific standards such an implication, this amendment requiring that powerplant operation be directly where such standards are in fact more generally requires the fuel system safely maintained at vertical accelera­ determined to be necessary for safety; design to “prevent interruption * * * tions of less than zero g for specified (2) the commentator states that the without attention by the flight crew.” No lengths of time; (2) the commentator proposal is unnecessary because vibra­ dictation of specific design or specific states that the requirement could be tion substantiation is already being done degree of complexity or sophistication is administered to require that the air­ on a cooperative basis by industry. It is intended; (2) the commentator states plane be flown continuously to the nega­ appreciated that vibration substantia­ that adequate fuel interruption warning tive limits of the maneuvering and gust tions are already being accomplished. It is provided before flameout by fuel flow envelopes for the airplane, whereas lesser should be noted, however, that special and pressure fluctuations, fuel pump low negative acceleration loads may in fact conditions have required such substanti­ pressure warning lights, loss of rotor be more critical from a fuel flow stand­ ation for more than a decade; (3) the speed, reduction in EPR, and by fuel point. The Administrator agrees with commentator states that the proposal is pressure and quantity instruments re­ this comment. This result is not intended. too broad and, in the case of Parts 27 quired by § 25.1305 (f) and (i). The Ad­ The proposal is therefore amended to and 29, should be amended to refer to ministrator disagrees. Considering the refer to “the negative acceleration * * * allowable vibration limits established by hazards of flameout outlined in the that is most critical from a fuel flow the engine manufacturer. The Admin­ notice, experience has not shown that the standpoint”; (3) the commentator states istrator agrees. This amendment there­ monitoring of powerplant instruments that substantiation of the fuel flow pro­ fore covers only the turbine engine air provides a safe alternative to ensuring visions under negative loads is not neces­ inlet system, prohibits only harmful uninterrupted fuel flow without attention sary because turbine engine powered vibration resulting from air flow distor­ by the flight crew. airplanes either have continuous igni­ tion, and covers normal operation only. One comment objected to the proposal tion or have systems that, when operated This is consistent with special conditions for the following reasons: (1) TTie com­ according to instructions in the Airplane applied over a large number of years. mentator states that, to its knowledge, Flight Manual, will provide ignition con­ However, since there is no requirement there has not been a problem with flame­ tinuously during critical phases of take­ that specific vibration limits (as opposed out caused by fuel interruption that in­ off, landing, icing conditions and in tur­ to values actually withstood during test­ dicates a need for automatic tank bulence. The Administrator disagrees. ing of the engine) be established by the switching. Experience indicates that the While continuous ignition operation may engine manufacturer, the requested hazard of flameout in a turbine fuel sys­ broaden the range of fuel flow disturb­ reference to allowable vibration limits tem is severe enough to warrant requir­ ances that can be tolerated without established by the engine manufacturer ing, as a minimum standard, that some flameout, and is therefore significant is inappropriate and is not incorporated design feature (not necessarily “switch­ from a safety standpoint, such ignition in this amendment. ing” that is “automatic”) be incorpo­ cannot prevent a flameout that results One comment stated that the vibra­ rated to ensure uninterrupted fuel flow from fuel flow stoppage such as occurs tion standards should be similar to the without attention by the flight crew; (2) when negative acceleration allows fuel more detailed standards in certain Brit­ the commentator states that an auto­ ports to become uncovered. In such a case ish Civil Airworthiness Requirements matic switching device would result in a restart cycle may be necessary. Instruc­ or, in the alternative, that similar mate­ a relaxation of fuel monitoring due to tions in the Airplane Flight Manual are rial be placed in an Advisory Circular. reliance on the device. It is likely that no substitute for substantiation of the While these suggestions go beyond the overall fuel management would suffer. fuel system under negative loads; (4) the immediate scope of this amendment, they Further, monitoring of the fuel in the commentator states that long service ex­ are appreciated and will be held for nearly depleted condition is not adequate, perience shows that turbine engine fuel future reference. even if present. It is for this reason that system components are not sensitive to The notice proposed to amend § 25.955 this amendment is made. Finally, neces­ negative acceleration loads, contrary to a to require that turbine engine fuel sys­ sary monitoring of possible failures of statement in the preamble to the notice. tems “have means to automatically” en­ the means for ensuring uninterrupted The Administrator agrees in part. The sure the uninterrupted flow of fuel to flow can be safely provided by proper sensitivity of the turbine fuel system to each turbine engine when the tank sup­ procedures; (3) the commentator cites negative loads lies not in specific com­ plying that engine is depleted of fuel. the hazards of malfunction of the auto­ ponents, but rather in the sensitivity of One comment stated that the proposal matic device and the impracticability of

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6910 RULES AND REGULATIONS a sophisticated device. Existing manual that it must be impossible to fill the fuel ing safety equal to the main strainer is switching, plus any necessary procedures tank expansion space inadvertently. One available. This comment specifically for monitoring the device, will minimize comment objected for the following rea­ mentions a pump inlet screen bypassing any malfunction hazard when compared sons: The commentator states that this arrangement that might prevent pump with the hazard of unexpected flameout. means of complying with present § 25.969 damage. The Administrator agrees that As mentioned above, this amendment should not be limited to the proposed the words “equal to” should not be ad­ does not specify any degree of complexity automatic shutoff device and that such a ministered to automatically exclude any but only requires that appropriate “de­ limitation would involve unnecessary available means of showing equal protec­ sign features” be incorporated. dictation of design with respect to the tion. An editorial change is made to §§ 25.955 means for preventing the filling of the One comment stated that a second (b), 27.955(b) and 29.955(b) to correct expansion space. The Administrator strainer is the only available alternative an apparent departure from former agrees. For this reason, and to locate all that is equal in safety to the main §§ 4b.413(c), 6.420(c), and 7.413(c) of pressure fueling provisions together, this strainer, that safety would not be ad­ the Civil Air Regulations. These former amendment places the automatic fuel vanced by requiring a second strainer sections contained the words “if an en­ content limiting means requirement in since both strainers could collect ice, that gine can be supplied with fuel from more § 25.979(b) and, to avoid unnecessary an actual need to protect against for­ than one tank.” Sections 25.955(b), duplication, provides in § 25.969 (which eign matter in the tanks simultaneously 27.955(b), and 29.955(b) shortened this is otherwise unchanged) that “for pres­ with icing is not operationally probable, language, without intentional change, to sure fueling systems, compliance with and that the rule should require a “high “if an engine can feed from more than this section may be shown with the degree” of protection rather than pro­ one fuel tank.” To preclude any questions means provided to comply with § 25.979 tection “equal to” that of the main concerning the applicability of the af­ (b)”; the commentator states that the strainer. The Administrator disagrees. fected regulations, the language of the substance of the proposed change is al­ Means other than strainers are not pre­ former sections is adopted without sub­ ready covered in § 25.979(b). The Ad­ cluded under this amendment if protec­ stantive change. There is no comparable ministrator disagrees. This proposal, like tion equal to the main strainer is shown. problem in Part 23. § 25.969, covers only the limitation of The probability of simultaneous icing of The notice proposed to amend § 25.961 fuel quantity. Section 25.979(b), how­ an alternate strainer and the main to require that fuel system hot weather ever, covers protection from damaging strainer is slight enough to justify use operating capability be shown up to the overpressures that may result if (1) the of a strainer as an alternate. The words maximum operating altitude established fuel quantity limiting means fails, or (2) “high degree” of safety would not be as an operating limitation, and to limit overpressures are transmitted, without appropriate since protection of the fuel the climb airspeed of turbine engine “failure” of the fuel quantity limiting system is best measured relative to the powered airplanes to that established for means, such as could occur, for example, protection provided by the main strainer, climbing to the maximum operating alti­ where air in the tank does not escape which must be acceptable to the Admin­ tude. One comment stated that the pro­ under an abnormally high fueling source istrator. These comments cannot, there­ posal is not necessary for airplanes pressure (so that fuel quantity itself does fore, be accepted. This amendment is certificated for use with booster pumps not exceed “approved” limits) and the drafted as proposed. that maintain the fuel system at a pres­ air then becomes part of the means by The notice proposed to amend § 25.979 sure greater than the vapor pressure of which overpressures are transmitted to to cover all pressure refueling systems, turbine fuels, up to the maximum op­ the fuel system.' to eliminate a reference to the fuel access erating altitude. The Administrator The notice proposed to amend the fuel cover plate, to more fully describe the agrees. This amendment therefore ex­ tank outlet requirement of § 25.977 to means of preventing damaging over­ cepts fuel systems having that capability, require that fuel tank outlet strainers in pressures, and to require that this means but is otherwise drafted as proposed. turbine fuel systems be fine enough in mesh to prevent the passage of any ob­ comply under the maximum fueling rates The notice proposed to amend § 25.965 ject that could restrict fuel flow or dam­ and pressures for which the system is by replacing the present fuel tank vibra­ designed. One comment objected for the age any fuel system component, to re­ following reasons: The commentator tion requirement based on a factor (0.9) quire that an alternate means be pro­ related to engine speed with a require­ vided in turbine fuel systems to provide stated that the proposed detailed means ment based on a specific vibration fre­ uninterrupted fuel flow if the main of preventing damaging overpressures quency (2,000 c.p.m.). One comment ob­ strainer could become blocked with ice, (that is, providing either proper tank jected to this proposal on the ground that and to require that this alternate means vent sizing or an overflow valve) unduly it appears to be a relaxation that would provide a level of fuel system component dictates design. The Administrator downgrade safety. The Administrator protection equal to that provided by the agrees. This amendment therefore re­ disagrees. This amendment, like its pred­ main strainer. One comment stated that quires a means to prevent excessive pres­ ecessor, applies only where no frequency the requirement that the main strainer sures, without further prescribing the of vibration resulting from any r.p.m. prevent the passage of any object that method of compliance (§ 25.979(c)). within the normal operating range of could restrict fuel flow or damage com­ The commentator stated that the change engine speeds is critical. This amend­ ponents, if strictly interpreted, would to cover spillage from the “system” ment does not replace the survey of en­ lead to ice blockage of the means to rather than from the “tank” would lead gine speeds conducted under § 25.965 prevent interruption of the fuel flow. to added complexity without increased (b) (3) (ii) and (iii) to determine that The Administrator agrees. However, it is safety. The commentator appears to an­ no critical condition is overlooked. For for this reason that the alternate means swer its own objection by then stating the purpose of the test covered by this in § 25.977(b) was proposed. No change that highly reliable poppet check valves amendment (that is, substantiation of from the notice is necessary in this re­ are commonly available to limit fuel the tank itself rather than substantiation gard. The comment also states that a spillage to nonhazardous amounts. No of tank-engine combinations), a test four-mesh screen of adequate size has specific degree of complexity is intended frequency of 2,000 c.p.m., when imposed been found to provide proper protection or specified in this amendment. The com­ at the required test amplitude of for the fuel system from a standpoint of mentator states that the proposal would inch, has been shown to be severe enough both extraneous material and icing, and preclude spillage of “minor” quantities to ensure the integrity of the tank itself. states that a four to eight mesh size of fuel from the refueling manifold. This comment cannot, therefore, be ac­ should be prescribed specifically. The Ad­ This comment is not understood, since cepted. This amendment is drafted as ministrator disagrees. No single mesh the proposal concerns only “hazardous” proposed. size, or single range of mesh sizes, has quantities of spilled fuel. The commen­ The notice proposed to amend § 25.969 been shown to be adequate for turbine tator stated that the prohibition of spill­ to provide that an automatic shutoff fuel systems generally. Another comment age is inconsistent with the fact that must be provided, for pressure fueling stated that it supports this amendment large quantities of fuel may be spilled systems, as the means of showing com­ but that the prescribed alternate should in order to comply with the proposed pliance with the current requirement not be a screen if another means of show­ pressure relief requirement (proposed

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6911

§25.979(b)). The Administrator dis­ engine shutdowns, such as an emergency present rule by using the word “inad­ agrees. The pressure relief provisions shutdown from a high power setting, fol­ vertent.” No relaxation results. The word specifically apply only to conditions fol­ lowing which temperature limits may be “inadvertent” is used in the present rule. lowing failure of the prescribed fuel exceeded. This comment stated that the This amendment in fact increases a bur­ quantity limiting means. Thus, the fuel proposal should be narrowed to include den by extending § 25.1155 to cover con­ spillage resulting from pressure relief is only “normal” engine shutdowns. The trols heretofore not covered by the regu­ tolerated only as a necessary means of Administrator agrees. This amendment lations. This amendment is drafted as preventing a significantly greater hazard, is so drafted. proposed. such as structural damage to the air­ The notice proposed to amend § 25.- The notice proposed to delete § 25.1181 frame which may not be detected before 1141 to require that no probable failure (c) and place its provisions, with cer­ flight, and is tolerated only as a conse­ or “combination of failures” in any tain amendments, in a new § 25.1182. quence of pressure relief requirements powerplant control system may cause One comment objected, stating that the prescribed as a backup to the fuel quan­ the failure of any function necessary for fire protection requirements applicable tity limiting means. The commentator safety, and that compliance must be to nacelle areas behind firewalls need suggested wording that would limit the shown by “fault analysis, component not be extended to engine pod attaching fuel spillage requirement to “uncon­ tests, and simulated environmental structures because the present require­ trolled quantities.” Since hazardous tests.” One comment objected to the pro­ ments have provided a superior level of quantities may or may not be “con­ posal because (1) “combination of fail­ safety for turbojet powered large air­ trolled” in some way, the requested lan­ ures” is contrary to the basic philosophy planes and no record of fires in these guage would not be useful in preventing that the airplane need only be capable structures is known. The Administrator a hazardous situation and therefore can­ of continued safe flight and landing after agrees concerning the superior level of not be adopted. This part qf the amend­ a single failure, and (2) compliance with safety and good service record of engine ment is therefore drafted as proposed the requirement should not be required pod attaching structures with respect to (§ 25.979(a)). Section 25.979(b) contains to be by “fault analysis, component tests fire. However, this level of safety has re­ the required automatic shqtoff means and simulated environmental tests” sulted through the voluntary incorpora­ for limiting tank content that was pro­ since accepted practice is to use fault tion by industry of engine pod attaching posed as part of § 25.969. This means is analysis alone unless tests are necessary structure design provisions meeting the placed in § 25.979, rather than § 25.969 to substantiate the validity of a particu­ fire protection provisions of §§ 25.1195 as proposed, for the reasons covered in lar analytical result. The Administrator through 25.1201 (except those requiring the discussion of § 25.969 (see above). does not agree with the first statement. fire detection and extinguishing). The The notice proposed a new § 25.981 con­ It is not the policy of the Administrator Administrator agrees with one comment taining certain fuel system lightning to ignore a probable combination of fail­ stating that safety does not require that protection requirements. In order not ures whose result would be hazardous. engine pod attaching structures have fire to delay the issue of the numerous rule The Administrator does, however, agree detection and extinguishing provisions, changes of this amendment, action on with the second statement. A combina­ and that those structures may be dis­ this proposal will be taken separately. tion of means of showing compliance is tinguished from nacelle areas behind the The final rule on lightning protection is therefore permitted under this amend­ firewall in this regard. To this extent, the now in the process of being prepared ment. In addition, two changes to the industry comment is accepted and this and will be issued shortly. notice are made to more accurately ex­ amendment is drafted accordingly. The The notice proposed to add a new press its intent. First, the prescribed commentator stated that the “firewall § 25.1003 providing that no temperature failed “function” is limited to “power- definition” paragraphs are not relevant inside any fuel tank may exceed a spec­ plant function.” Secondly, the words for the fire zone, that the “internal ified temperature and requiring that “failures or combination of failures” in boundaries” are not clearly defined, and compliance be shown for all normal and the system is changed to include “mal­ that this will lead to ventilation, con­ abnormal operations of all components functions.” The notice did not intend to tainment, and fire extinguishing system that are inside any tank or that could raise a technical or semantic distinction difficulties. The intent of this comment transmit heat to any tank, including all between a powerplant control system is not clear. However, there should be no possible malfunctions of those compo­ “failure” and “malfunction” where their difficulty in defining the area covered by nents. This amendment adds a new § 25.- common result is discontinuance of an the term “engine pod attaching struc­ 981, rather than § 25.1003, since this essential powerplant function. ture.” Further, the Administrator does amendment affects fuel tanks only The notice proposed to amend § 25.- not agree that the firewall provisions are (rather than fuel systems). One com­ 1153(b) to require only that “inadver­ irrelevant to this structure. For this ment stated that substantiation for all tent” movement of the propeller control structure, as well as for reciprocating “possible” malfunctions and “combina­ to the feathering position be prevented engine installations, the firewall sepa­ tion of malfunctions” would be unduly (rather than positive prevention of such rates the engine nacelle from the air­ difficult. The Administrator agrees. This movement as the rule currently re­ frame in compliance with the provisions amendment specifies only “probable * * * quired). One comment objected to this of § 25.1191. Finally, the claimed rela­ conditions.” The comment also stated change as an undesirable relaxation. .The tionship between the firewall defining that specification of a temperature limit Administrator disagrees. The present provisions and possible future difficulties to cover all present and future fuels and rules for propeller feathering controls in ventilation, containment, and fire ex­ conditions is undesirable. The Adminis­ generally (in § 25.1153(a)) and for tinguishing is neither supported nor trator agrees. This amendment therefore reverse thrust controls (in § 25.1155) evident. This comment cannot, therefore, incorporates only “the highest tempera­ cover only “inadvertent” control opera­ be accepted. ture allowing a safe margin below the tion. No higher standard has been shown One comment requested that an ex­ lowest expected autoignition temperature to be necessary for propeller pitch or ception should be provided (1) for engine of the fuel in the tanks.” Another com­ speed controls used for feathering. This pod attaching structures where the fire­ ment requested that the proposal be amendment is drafted as proposed. wall between pod and pylon extends eliminated because future design im­ The notice proposed to broaden enough beyond the profile of the pylon to provements and fuel requirements would § 25.1155 to cover controls for propeller prevent propagation of fire from the require different maximum fuel tem­ pitch settings below the flight regime, not pod area around the firewall to the pylon peratures. This amendment meets this just reverse thrust controls. One com­ zone, and (2) for installations that have objection by requiring prevention of fuel ment stated that the degree of complexity means to prevent contact of leaking autoignition without prescribing a uni­ of such controls in a certain currently flammable fluid with a hot firewall. The versal maximum temperature. operational aircraft should not be ex­ Administrator agrees that these safety The notice proposed to amend § 25.- ceeded in the administration of this provisions may be relevant in individual 1041 to require adequate cooling not only amendment. This amendment is not in­ showings of equivalent safety that may when the airplane is operating but also tended to dictate any specific degree of justify design alternatives to the sections “after engine shutdown.” One comment complexity. Another comment objected, referenced in § 25.1182. However, within stated that there may be abnormal stating that this amendment relaxes the the terms framed by the commentator,

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6912 RULES AND REGULATIONS these safety provisions are not sufficiently (b) * * * plane is operated at the negative accel­ definable to permit a general exception (1) Lines and fittings already ap­eration, within the flight envelope pre­ in the regulation. This comment cannot, proved as part of a type certificated scribed in § 25.333, that is most critical therefore, be accepted. engine under Part 33 of this chapter; and from a fuel flow .standpoint. This must No adverse comments having been re­ ***** be shown for the greatest duration ex­ ceived, the proposed change to §§ 23.1183, 3. A new § 23.1585(d) is added to readpected for that acceleration. 25.1183, 27.1183, and 29.1183 (concerning as follows : (c) The turbine engine air inlet sys­ lines and fittings approved as part of an tem may not, as a result of air flow dis­ engine) is drafted as proposed. §23.1585 Operating procedures. tortion during normal operation, cause The notice proposed to add a new ***** vibration harmful to the engine. § 25.1305 (x) to require “a means, for (d) For multiengine airplanes, infor­ 4. Section 25.955(b) is amended to each air turbine engine starter not de­ mation identifying èach operating condi­ read as follows: signed for continuous use, to indicate to tion in which the fuel system independ­ the flight crew when that starter is ence prescribed in § 23.953 is necessary § 25.955 Fuel flow. energized.” One comment stated that, for for safety must be furnished, together * ' * * * * starters designed to contain failures of with instructions for placing the fuel (b) If an engine can be supplied with high energy rotating parts, no indicator system in a configuration used to show fuel from more than one tank, the fuel should be required because no hazard compliance with that section. system must— would result even if the starter is not (1) For each reciprocating engine, designed for continuous operation. Another comment stated that numerous PART 25— AIRWORTHINESS STAND­ supply the full fuel pressure to that en­ ARDS: TRANSPORT CATEGORY AIR­ gine in not more than 20 seconds after possible factors, such as use of starters switching to any other fuel tank contain­ that cannot be used continuously, protec­ PLANES ing usable fuel when engine malfunc­ tion by starter location, and containment B, Part 25 is amended as follows: tioning becomes apparent due to the de­ of failed components should obviate the 1. Section 25.859(e) (1) is amended to pletion of the fuel supply in any tank need for an indicating means regardless read as follows: from which the engine can be fed; and of whether the starter is designed for (2) For each turbine engine, in addi­ continued operation. The Administrator § 25.859 Combustion heater fire pro­ tection. tion to having appropriate manual agrees with these comments. This switching capability, be designed to pre­ amendment therefore covers only start­ ***** vent interruption of fuel flow to that ers that can be used continuously but (e) * * * engine, without attention by the flight that are neither designed for continuous (1) Means independent of the com­crew, when any tank supplying fuel to operation nor designed to prevent hazard ponents provided for the normal con­ that engine is depleted of usable fuel if they fail. tinuous control of air temperature, air­ during normal operation, and any other No adverse comments having been re­ flow, and fuel flow must be provided, for tank, that normally supplies fuel to that ceived, the proposed amendment to each heater, to automatically shut off engine alone, contains usable fuel. §§ 23.1585, 25.1585, 27.1585, and 29.1585 the ignition and fuel supply to that (concerning fuel system operating pro­ heater at a point remote from that 5. Section 25.961 is amended to read cedures) is drafted as proposed. heater when any of the following occurs: as follows: In consideration of the foregoing, Sub­ (i) The heat exchanger temperature § 25.961 Fuel system hot weather oper­ chapter C of Chapter I of Title 14 of the exceeds safe limits. ation. Code of Federal Regulations is amended, (ii) The ventilating air temperature effective June 4,1967, as follows: (a) The fuel system must perform sat­ exceeds safe limits. isfactorily in hot weather operation. This (iii) The combustion airflow becomes must be shown by showing that the fuel PART 23— AIRWORTHINESS STAND­ inadequate for safe operation. ARDS: NORMAL, UTILITY, AND system from the tank outlets to each (iv) The ventilating airflow becomes engine is pressurized, under all intended ACROBATIC CATEGORY AIR­ inadequate for safe operation. operations, so as to prevent vapor forma­ PLANES ***** tion, or must be shown by climbing from 2. Section 25.933 is amended by adding the altitude of the airport elected by the A. Part 23 is amended as follows: the following new paragraph (d ): applicant to the maximum altitude es­ 1. Section 23.859(b) is amended to tablished as an operating limitation un­ read as follows: § 25.933 Reversing systems. der § 25.1527. If a climb test is elected, ***** § 23.859 Combustion heater fire pro­ there may be no evidence of vapor lock tection. (d) Each turbojet reversing system or other malfunctioning during the climb must have means to prevent the engine test conducted under the following con­ * * * * * from producing more than idle forward ditions: (b) Means independent of the com­thrust when the reversing system mal­ ponents provided for the normal con­ (1) For reciprocating engine powered functions, except that it may produce airplanes, the engines must operate at tinuous control of air temperature, air­ any greater forward thrust that is shown maximum continuous power, except that flow, and fuel flow must be provided, for to allow directional control to be main­ takeoff power must be used for the alti­ each heater, to automatically shut off tained, with aerodynamic means alone, and hold off the ignition and fuel supply tudes from 1,000 feet below the critical under the most critical reversing con­ altitude through the critical altitude. The to that heater at a point remote from dition expected in operation. that heater when any of the following time interval during which takeoff power occurs: 3. Section 25.939 is amended to read as is used may not be less than the takeoff follows: time limitation. (1) The heat exchanger temperature (2) For turbine engine powered air­ exceeds safe limits. § 25.939 Turbine engine operating char­ planes, the engines must operate at take­ (2) The ventilating air temperature acteristics. exceeds safe limits. off power for the time interval selected (3) The combustion airflow becomes (a) Turbine engine operating charac­ for showing the takeoff flight path, and inadequate for safe operation. teristics must be investigated in flight to at maximum continuous power for the determine that no adverse characteristics rest of the climb. (4) The ventilating airflow becomes (such as stall, surge, or flameout) are (3) The weight of the airplane must Inadequate for safe operation. present, to a hazardous degree, during be the weight with full fuel tanks, mini­ 2. Section 23.1183(b)(1) is amended normal and emergency operation within mum crew, and the ballast necessary to to read as follows: the range of operating limitations of th$ maintain the center of gravity within airplane and of the engine. allowable limits. §23.1183 Lines and fittings. (b) No hazardous malfunction of the (4) The climb airspeed may not ex­ * # * * * turbine engine may occur when the air­ ceed—-

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6913

(i) For reciprocating engine powered 9. Section 25.979 is amended to read this lever to the feathering position dur­ airplanes, that- speed allowing compli­ as follows: ing normal operation. ance with the minimum climb require­ § 25.979 Pressure fueling system. 14. Section 25.1155 is amended to read m e n t specified in § 25.65(a); and as follows: (ii) For turbine engine powered air­ For pressure fueling systems, the fol­ planes, the maximum airspeed estab­ lowing apply: ,§ 25.1155 Reverse thrust and propeller lished for climbing from takeoff to the (a) Each pressure fueling system fuel pitch settings below the flight regime. maximum operating altitude. manifold connection must have means Each control for reverse thrust and for (5) The fuel temperature must be at to prevent the escape of hazardous quan­ propeller pitch settings below the flight least 110° F. tities of fuel from the system if the fuel regime must have means to prevent its (b) The test prescribed in paragraph entry valve fails. inadvertent operation. The means must (a) of this section may be performed in (b) An automatic shutoff means must have a positive lock or stop at the flight flight or on the ground under closely be provided to prevent the quantity of idle position and must require a separate simulated flight conditions. If a flight fuel in each tank from exceeding the and distinct operation by the crew to test is performed in weather cold enough maximum quantity approved for that displace the control from the flight re­ to interfere with the proper conduct of tank. This means must— gime (forward thrust regime for turbojet the test, the fuel tank surfaces, fuel lines, (1) Allow checking for proper shutoff powered airplanes). and other fuel system parts subject to operation before each fueling of the cold air must be insulated to simulate, tank; and §25.1181 [Amended] insofar as practicable, flight in hot (2) Provide indication, at each fueling 15. Section 25.1181(c) is deleted and weather. station, of failure of the shutoff means a new § 25.1182 is added to read as 6. Section 25.965(b) (3) (i) is amended to stop fuel flow at the desired level. follows: to read as follows: (c) A means must be provided to pre­ § 25.1182 Nacelle areas behind firewalls, § 25.965 Fuel tank tests. vent damage to the fuel system in the and engine pod attaching structures event of failure of the automatic shutoff containing flammable fluid lines. * * * * * ' means' prescribed in paragraph (b) of (b) * * * this section. (a) Each nacelle area immediately be­ (3) * * * hind the firewall, and each portion of any (i) If no frequency of vibration result­ 10. A new § 25.981 is added, before the engine pod attaching structure contain­ ing from any r.p.m. within the normal center heading “Fuel System Compo­ ing flammable fluid lines, must meet each operating range of engine speeds is nents,” to read as follows: requirement of §§ 25.1103(b), 25.1165 critical, the test frequency of vibration § 25.981 Fuel tank temperature. (d) and (e), 25.1183, 25.1185(c), 25.1187, 25.1189, and 25.1195 through 25.1203, in­ must be 2,000 cycles per minute. (a) The highest temperature allowing * * * * * cluding those concerning designated fire a safe margin below the lowest expected zones. However, engine pod attaching 7. Section 25.969 is amended to read autoignition temperature of the fuel in structures need not contain fire detection as follows: the fuel tanks must be determined. or extinguishing means. (b) No-temperature at any place in­ § 25.969 Fuel tank expansion space. side any fuel tank where fuel ignition is (b) For each area covered by para­ Each fuel tank must have an expan­ possible may exceed the temperature de­ graph (a) of this section that contains sion space of not less than 2 percent of termined under paragraph (a) of this a retractable landing gear, compliance the tank capacity. It must be impossible section. This must be shown under all with that paragraph need only be shown to fill the expansion space inadvertently probable operating, failure, and mal­ with the landing gear retracted. with the airplane in the normal ground function conditions of any component 16. Section 25.1183(b)(1) is amended attitude. For pressure fueling systems, whose operation, failure, or malfunction to read as follows: compliance with this section may be could increase the temperature inside the shown with the means provided to tank. § 25.1183 Lines and fittings. comply with § 25.979(b). * * * * * 11. Section 25.1041 is amended to read (b) * * * 8. Section 25.977 is amended to read as follows: as follows: (1) Lines and fittings already ap­ § 25.1041 General. proved as part of a type certificated § 25.977 Fuel tank outlet. The powerplant cooling provisions engine under Part 33 of this chapter; and (a) There must be a fuel strainer for * * * * * the fuel tank outlet or for the booster must be able to maintain the tempera­ pump. This strainer must— tures of powerplant components and en­ 17. Anew § 25.1305(x) is added to read (1) For reciprocating engine powered gine fluids within the temperature limits as follows: airplanes, have 8 to 16 meshes per inch; established for these components and § 25.1305 Powerplant instruments. and fluids, under ground, water, and flight ***** (2) For turbine engine powered air­ operating conditions, and after normal engine shutdown. (x) For turbine engine powered air­ planes, prevent the passage of any object planes, a means to indicate, to the flight that could restrict fuel flow or damage 12. A new § 25.1141(e) is afided to crew, the operation of each engine starter any fuel system component. read as follows: (b) For turbine engine powered air­ that can be operated continuously but planes, there must be a means to ensure § 25.1141 Powerplant controls: general. that is neither designed for continuous uninterrupted fuel flow-to the engine if * * * * * operation nor designed to prevent hazard the strainer prescribed in paragraph (a) (e) No single failure or malfunction, if it fails. of this section is subject to ice accumu­ or probable combination thereof, in any 18. Anew § 25.1585(b) is added to read lation. This means must provide protec­ powerplant control system may cause the as follows: tion to the fuel system components equal failure of any powerplant function nec­ to that provided by the strainer pre­ essary for safety. § 25.1585 Operating procedures. scribed in paragraph (a) of this section. 13. Section 25.1153(b) is amended to * * * * * (c) The clear area of each fuel tank read as follows: (b) Information identifying each op­ outlet strainer must be at least five times the area of the outlet line. § 25.1153 Propeller feathering controls. erating condition in which the fuel sys­ (d) The diameter of each strainer ***** tem independence prescribed in § 25.953 oiust be at least that of the fuel tank (b) If feathering is accomplished by is necessary for safety must be furnished, outlet. movement of the propeller pitch or speed together with instructions for placing (e) Each finger strainer must be ac­ control lever, there must be means to the fuel system in a configuration used cessible for inspection and cleaning. prevent the inadvertent movement of to show compliance with that section.

FEDERAL REGISTER, VOL 32, NO. 87— FRIDAY, MAY 5, 1967 No. 87------3 6914 RULES AND REGULATIONS

PART 27— AIRWORTHINESS STAND­ (b) For multiengine rotorcraft, infor­ 5. Section 29.1585 is amended to read ARDS: NORMAL CATEGORY RO- mation identifying each operating condi­ as follows: TORCRAFT tion in which the fuel system independ­ ence prescribed in § 27.953 is necessary § 29.1585 Operating procedures. C. Part 27 is amended as follows: for safety must be furnished, together (a) The parts of the manual contain­ 1. Section 27.859(c) (2) is amended to with instructions for placing the fuel ing operating procedures must have read as follows: system in a configuration used to show information concerning any normal and § 27.859 Heating systems. compliance with that section. emergency procedures, and other infor­ * * * * * mation necessary for safe operation, in­ cluding the applicable procedures, such (c) * * * PART 29— AIRWORTHINESS STAND­ as those involving minimum speeds, to (2) Means independent of the com­ ARDS: TRANSPORT CATEGORY RO­ be followed if an engine falls. ponents provided for the normal con­ TORCRAFT (b) For multiengine rotorcraft, infor­ tinuous control of air temperature, air­ mation identifying each operating con­ flow, and fuel flow must be provided, for D. Part 29 is amended as follows: dition in which the fuel system inde­ each heater, to automatically shut off 1. Section 29.859(e) (1) is amended to pendence prescribed in § 29.953 is neces­ and hold off the ignition and fuel supply read as follows: sary for safety must be furnished, to­ of that heater at a point remote from § 29.859 Combustion heater fire protec­ gether with instructions for placing the that heater when any of the following tion. fuel system in a configuration used to occurs: 4: * * * * show compliance with that section. (i) The heat exchanger temperature (e) * * * (Secs. 313(a), 601, 603, Federal Aviation Act exceeds safe limits. (1) Means independent of the com­ of 1958; 49 Ü S .C . 1354(a), 1421, 1423) (ii) The ventilating air temperature ponents provided for the normal contin­ Issued in Washington, D.C., on April exceeds safe limits. uous control of air temperature, airflow, 28, 1967. (iii) The combustion airflow becomes and fuel flow must be provided, for each W il l ia m F . M cK e e , inadequate for safe operation. heater, to automatically shut off the ig­ Administrator. '(iv) The ventilating airflow becomes nition and fuel supply of that heater at inadequate for safe operation. [F.R. Doc. 67-5034; Filed, May 4, 1967; a point remote from that heater when 8:47 a m .] 2. A new § 27.939 is added, before the any of the following occurs: center heading “Fuel System,” to read (i) The heat exchanger temperature as follows: exceeds safe limits. [Docket No. 67-CE-AD-4; Arndt. 39-408] § 27.939 Turbine engine operating char­ (ii) The ventilating air temperature PART 39— AIRWORTHINESS acteristics. exceeds safe limits. DIRECTIVES (a) Turbine engine operating charac­ (iii) The combustion airflow becomes teristics must be investigated in flight to inadequate for safe operation. Certain Models of Beechcraft determine that no adverse characteris­ (iv) The ventilating airflow becomes Airplanes tics (such as stall, surge, or flameout) inadequate for safe operation. Amendment 39-368 (32 F.R. 3971), AD are present, to a hazardous degree, dur­ - * * * * * 67-8-2, requires repetitive inspection, ing normal and emergency operation 2. A new § 29.939 is added, before the using X-ray method or FAA-approved within the range of operating limitations center heading “Fuel System,” to read equivalent, of the elliptical lower spar of the rotorcraft and of the engine. as follows: caps of the outboard wing panels at two (b) The turbine engine air inlet sys­ designated areas on each wing, and re­ tem may not, as a result of airflow dis­ § 29.939 Turbine engine operating char­ placement of any found cracked with an tortion during normal operation, cause acteristics. airworthy part, of certain model Beech- vibration harmful to the engine. (a) Turbine engine operating charac­ craft airplanes, including Model D18S 3. Section 27.955(b) is amended to teristics must be investigated in flight to (Serial Nos. A -l through A-440) air­ read as follows: determine that no adverse characteristics planes, with 1,500 hours’ or more time (such as stall, surge/ or flameout) are in service. These model airplanes were §27.955 Fuel flow. present, to a hazardous degree, during manuf actured with P /N 181410-5 tube of ♦ * * * * normal and emergency operation within .095 inch wall thickness which comprises (b) If an engine can be supplied with the range of operating limitations of the the lower spar cap on the inboard end fuel from more than one tank, the fuel rotorcraft and of the engine. of the outboard wing panel steel truss. system must feed promptly when fuel (b) The turbine engine air inlet sys­ AD 67-8-2 was not made applicable to becomes low in one tank and another tem may not, as a result of airflow dis­ Beechcraft Model D18S airplanes com­ tank is selected. tortion during normal operation, cause mencing with Serial Number A-441, since vibration harmful to the engine. these airplanes were manufactured with 4. Section 27.1183(b) (1) is amended P/N 181410-5 tube of increased wall to read as follows: 3. Section 29.955(b) is amended to read as'follows: thickness (.120 inch) in the affected § 27.1183 Lines and fittings. areas. After issuing Amendment 39-368, * * * * * § 2 9 .9 5 5 F uel flow. the FAA detenhined that subsequent to (b) * * * ♦ * * * * manufacture, the wings of some Beech­ (1) Lines and fittings already ap­ (b) If an engine can be supplied with craft Model D18S airplanes commencing proved as part of a type certificated fuel from more than one tank, the fuel with Serial Number A-441 may have been system must feed promptly when fuel replaced with wings containing lower engine under Part 33 of this chapter; and spar caps of .095 inch wall thickness, * * * * * becomes low in one tank and another tank is selected. while the wings of other Beechcraft 5. Section 27.1585 is amended to read model airplanes listed in the AD may as follows: 4. Section 29.1183(b) (1) is amended have been or subsequently will be re­ to read as follows: § 27.1585 Operating procedures. placed with wings containing lower spar caps of .120 inch wall thickness. There­ (a) Parts of the manual containing§ 29.1183 Lines and fittings. * - * * * * fore, the AD is being revised to make it operating procedures must have infor­ applicable only to those Beechcraft model mation concerning any normal and (b) * * * airplanes containing P/N 181410-5 tube emergency procedures, and other infor­ (1) Lines and fittings already ap­ with .095 inch wall thickness. Those air­ mation necessary for safe operation, in­ proved as part of a type certificated en­ planes equipped with outboard wing cluding takeoff and landing procedures gine under Fart 33 of this chapter; and panels containing P/N 181410-5 tube of and associated airspeeds. * * * * * .120 inch wall thickness have been in-

FEDERAL REGISTER, VOL. 32, NO. 87—-FRIDAY, MAY 5, 1967 RULES ANO REGULATIONS 6915 eluded as exceptions in the applicability Beechcratt. Applies to Model C18S, AT-11, time in service after the effective date of this C-45, C45A, UC-45B, UC-45F, AT-7, AT- amended AD, unless already accomplished, statement. This amendment will permit 7A, AT—7B, AT-7C, JRB-1, JRB-2, JRB— and thereafter at intervals of not to exceed Model D18S (Serial Nos. A-441 and up) 3, JR B —4, SNB—1, SNB-2, SNB-2C, C45G, 500 hours' time in service from the date of airplanes to comply with the AD within TC-45G, C45H, TC-45H, TC-45J (SNB- the last inspection, accomplish the following: 5), JRB-6, D18C, D18CT, D18S (Serial 3. The following new note is inserted the next 25 hours’ time in service after Nos. A—1 through A-440 inclusive), and the effective date of this amendment. D18S (Serial Nos. A-441 and up equipped after the paragraph entitled “NOTE Since immediate action is required in with any outboard wing panel now or (c)”: hereafter replaced in service) airplanes Note: Determination of the wall thickness the interest of safety, compliance with with 1500 hours’ or more time in service, of P/N 181410-5 tube may be made by trac­ the notice and public procedure provi­ except any model airplane listed herein ing the history of the replacement panel, or sions of the Administrative Procedures equipped with outboard wing panels by ultrasonic inspection procedures, or by containing P/N 181410-5 tube of .120 FAA-approved equivalent. Act is not practicable, and good cause inch wall thickness. exists for making this amendment effec­ This amendment becomes effective tive in less than thirty (30) days. 2. The compliance paragraphs areMay 5,1967. In consideration of the foregoing, and amended to read as follows: (Secs. 313(a), 601, and 603 of the Federal Compliance required as indicated. Aviation Act of 1958; 49 U.S.C. 1354(a), 1421, pursuant to the authority delegated to To detect cracks in the lower spar caps of a n d 1423) me by the Administrator (31 F.R. 13697), the outboard wing panels, (1) for all model Issued in Kansas City, Mo., on § 39.13 of Part 39 of the Federal Aviation airplanes listed herein except Model D18S April 28,1967. Regulations, Amendment 39-368 (32 F.R. (Serial Nos. A-441 and up) airplanes, within the next 25 hours’ time in service after March E dw ard C. M a r sh , 3971), AD 67-8-2, is amended as follows: 11, 1967, and (2) for all Model D18S (Serial Director, Central Region. 1. The applicability statement isNos. A-441 and up) airplanes to which this [F.R. Doc. 67-5108; Filed, May 4, 1967; amended to read as follows: AD is applicable, within the next 25 hours’ 8:50 a.m .]

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 8128; Arndt. 534] p a r t 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the exiting procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is repub­ lished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) toread: ADF Standard instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimum«

2-engine or less Minimum More than From— Course and 2-engine, T o - distance altitude Condition (feet) 66 knots More than more than or less 66 knots 66 knots

Angusta VOR...... Augusta RBn...... „ 2000 T-dn# 300-1 300-1 200-H New Gloucester RBn...... Augusta RBn...... 2500 C-dn 600-1 600-1 m -l'A 8-dn__...... A -d n ___ __ 800-2 800-2 800-2

Procedure turn S side of ers, 260® Outbnd, 080° Inbnd, 2000’ within 10 miles. Minimum altitude over facility on final approach ers, 1200'. Crs and distance, facility to airport, 080®—1.8 miles. , “ vlSMl contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.8 miles after passing AUG RBn, make right-climbing turn to 2000' direct AUG RBn. Hold W of AUG RBn, 080® Inbnd, 1-minute right turns. Note: Approach from a holding pattern not authorized. Procedure turn required. Caution: 697' antenna, 1.3 miles W of airport. 646' terrain and trees 0.9 mile 8 of airport, fnunway 17 departures: Climb on magnetic heading 160® to 1000' before proceeding southwestbound. MSA within 26 miles of facility: 000®-090°—2300'; 090°-180°—2200'; 180®-270°—2100'; 270®-360°—3600'. City, Augusta; State, Maine; Airport name, Augusta State; Elev., 367'; Fac. Class., BH;Ident., AUG; Procedure No. NDB(ADF) Runway 8, Arndt. Orig.; Efl. date, 27 May 67

PROCEDURE CANCELED, EFFECTIVE 27 MAY 1967. City, Bismarck; State, N. Dak.; Airport name, Bismarck Municipal; Elev., 1677'; Fäc. Class., BH; Ident., BIS; Procedure No. 2, Arndt. 3; Eff. date, 20 Aug. 66; Sup. Arndt. No. 2; Dated, 19 Mar. 66

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6916 RULES AND REGULATIONS

ADF Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than Course and From— To— altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

LOM ...... D irect...... 3300 T-dn %...... 300-1 300-1 200- LOM ...... Direct______3300 C-d...... 500-1 500-1 500-1H LOM ...... Direct. ______3300 C-n.— ______500-1H 500-114 500-1 R-dn-30 400-1 400-1 400-1 800-2 800-2 800-2

Procedure turn E side of crs, 126° Outbnd, 306° Inbnd, 3300' within 10 miles. Crs and distance, facility to airport, 306°—5.8 miles. Minimum altitude over LOM inbnd on final approach crs, 3000'. ; ,, , , ,. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.8 miles after passing BI LOM, climb to 3800' on 286° bearing from BI LOM within 10 miles, or when directed by ATC, make right-climbing turn to 3800' on R 336 BIS VO R within 10 miles. _ . % When weather is below 1800-2 and aircraft is departing southwestbound, flight below 3900 beyond 5 miles from airport is prohibited between radials 175 and 230 , inclusive of the BIS VOR, due to 3373' tower, 10 miles SSW of airport. MSA withip 25 miles of facility: 270°-090°—3W ; 090°-180°—3300'; 180°-270°—4400'. Citv Bismarck: State, N. Dak.: Airport name, Bismarck Municipal; Elev., 1677'; Fac. Class., SBH/LOM; Ident., BI; Procedure No. NDB (ADF) Runway 30, Arndt. 19; Eft. * date, 27 May 67; Sup. Arndt. No. ADF 1, Arndt. 18: Dated, 20 Aug. 66

10-mile Radar Fix, R 030°, BOS VORTAC- Revere Int, or 5-mile Radar Fix, 1200 T-dn %...... 300-1 300-1 200-H R 030°, BÖS VORTAC (final). C-dn#...... 600-1 600-1 600-1H OS LMM...... Direct______2000 S-dn-22L**...... 600-1 600-1 600-1 OS LMM ...... -...... D irect..______2000 A-dn______800-2 800-2 800-2 ÖS LMM...... Direct______2000 OS LMM...... Direct______2000

P ^ e d u re tu m E side of crs, 035° Outbnd, 215° Inbnd, 1500' within 12 miles of OSLMM. Minimum altitude over Revere Int or 5-mile Radar Fix on final^approach crs, 1200'. If visual O T n t^ n ^ ^ t^ lis h e d ^ w n d^ent^to authorized ’landing minimums or if landing not accomplished within 3 miles after pacing Revere Int or passingBOS RBn climb straight ahead to 2000', direct to BO LOM. Hold SW of BO LOM 036° Inbnd, I-minute right turns, or when directed by ATC, make left-climbing turn to 2000' direct E, Boston^Int).^H oM'SE^tg E .o m iteS W ^f^port), 505' building $.7 miles W of airport), 845' building and antenna, 3.1 miles W of airport, 1349' antennae, 10.5 miles W of airport. %Departures from Runway 27, make left turn to heading 260° as soon as practicable after takeoff. . . ,, #No circling W of airport authorized from centerline extended Runway 4L to centerline extended Runway 15 when celling is less than 800'. ** Reduction not authorized. , MSA within 25 miles of facility: 000°-180°—2000'; 180°-360°—2500'. City, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., l^ ; Fac. Class., LMM; Ident., OS; Procedure No. NDB (ADF) Runway 22L, Arndt. 7; Eff. date, 27 May 67; Sup. Arndt. No. ADF 2, Arndt. 6; Dated, 6 Aug. 66

TfOM 2000 T-dn...... 300-1 300-1 200M DAL VORTAC 900-1 900-1H GSW VORTAC T,OM ...... Direct______2000 C-dn...... 900-1 LOM 2000 S-dn-31L...... 900-1 900-1 900-1 ADS VOR...... 900-2 900-2 900-2 Fomey In t____ TjOM 2000 A-dn______Desoto In t_____ LOM...... -...... Direct______2700

P ^ e d u re turr^S side of crs, 128° Outbnd, 308° Inbnd, 2000' within 10 miles. Minimum altitude over LOM on final approach crs, 2000'. § visual c o n ^ tenotM ta^lteh^^^n^LcOTU?authorized landing minimums or if landing not accomplished within 4.9 miles of LOM, climb to 2200' on bearing 308 within 15 mMSA within 25 miles of LOM: 000°-180°—2200'; 180°-270°—3400'; 270°-369°—2300'. City, Dallas; State, Tex.; Airport name, Love Field; Elev., 485'; Fac. Class., LOM; Ident,, LV; Procedure No. NBD (ADF) Runway 31L, Arndt. Orig.; Eff. date, 27 May 67

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6917

ADF Standard instrument Approach Procedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and altitude Condition 2-engine, distance (feet) 66 knots More than more than or less 65 knots 65 knots ■ Direct...... 1200 T-dn...... 300-1 300-1 300-1 C-dn...... 500-1 600-1 500-1)3 A-dn...... NANA NA

Jttauar avanauic. Procedure turn E side of crs, 195° Outbnd, 015c Inbnd, 2400' within 10 miles. Minimum altitude over facility on final approach era, 1200'. Crs and distance, facility to airport, 009°—1.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.9 miles after passing HFD RBn, make right-climbing turn to 2400' direct HFD RBn. Hold S of HFD RBn, 015" Inbnd, 1-minute right turns. Note: Approach from a holding pattern not authorized. Procedure turn required. Caution: 680' building, 2 miles NW of airport. MSA within 25 miles of facility: 000"-090°—2300'; 090"-180°—2100'; 180°-270°—2300'; 270°-360°—2700'. Citv East Hartford; State, Conn.; Airport name, Rentschler Field; Elev., 45'; Fac. Class., MHW; Ident., HFD; Procedure No. NDB (ADF) Runway 36, Arndt. 1; Eft. date 27 May 67; Sup. Amdt. No. ADF 1, Orig.; Dated, 28 Sept. 63

LOM ______Direct...... -____ 4600 T-dn______300-1 300-1 •200-H LOM (final)______Direct_____ . . . 4600 C-dn______400-1 600-1 500-1)3 LOM______Direct______. 5000 S-dn-10______400-1 400-1 400-1 LOM______Direct ______5000 A-dn______800-2 800-2 800-2

Procedure turn S side of crs, 283° Outbnd, 103" Inbnd, 4600' within 10 miles. Minimum altitude over facility on final approach crs, 4600'. Crs and distance, facility to airport, 103°—6.1 miles. If visual contact not. established upon descent to authorized landing minimums or if landing not accomplished within 6.1 miles after passing LOM, climb to 4500' on bearing 103° from LOM within 20 miles. *300-1 required for takeoffs on Runways 16L and 34R. MSA within 25 miles of facility: 270°-090°—5100'; 090°-180°—4400'; 180°-270e—5500'. City, Midland; State, Tex.; Airport name, Midland-0dessa Regional; Elev., 2867'; Fac. Class., LOM; Ident.', MA; Procedure No. NDB (ADF) Runway 10, Amdt. 1; Eff. date, 27 May 67; Sup. Amdt. No. ADF 1, Orig.; Dated, 18 Aug. 62

Providence VOR. Westport Int___ Direct. 2000 T-dn . . . . _____ 300-1 300-1 200-33 Westport In t.__ EW LOM (final) Direct. 1400 C-dn*...... 600-1 500-1 600-1)3 Coastal In t...__ EW LOM...... Direct. 1500 S-dn-5*______500-1 800-1 800-1 A-dn*______800-2 800-2 800-2

Radar available. Procedure turn S side of era, 233° Outbnd, 053° Inbnd, 1500' within 10 miles. Minimum altitude over facility on final approach crs, 1400'. Crs and distance, facility to airport, 053°—-3.8 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.8 miles after passing EW LOM, make left-climbing turn to 1500'. Return to the EW LOM. Hold SW, 053° Inbnd, 1-minute right turns. Note: Use Providence altimeter setting when control zone not effective. ‘When control zone not effective alternate minimums not authorized, ceiling minimum of 600' required. Facility must be monitored aurally during hours control zone not effective MSÀ within 25 miles of facility: 000°-180°—1500'; 180°-360°—2200'. City, New Bedford; State, Mass.; Airport name, New Bedford Municipal; Elev., 79'; Fac. Class., LOM; Ident., EW; Procedure No. NDB (ADF) Runway 5, Amdt. 2; Eff. date 27 May 67; Sup. Amdt. No. NDB (ADF) Runway 5, Amdt. 1; Dated, 18 Feb. 67

Rochelle Int.. LOM (final) 2000 T-dn______300-1 300-1 200-J3 PLL VOR__ LOM______2500 C-dn...... « 400-1 600-1 800-1)3 RFD VOR.. LOM______2000 S-dn-36______400-1 400-1 400-1 Belvedere Int. LOM______2500 A-dn______800-2 800-2 800-2 JVL VOR... LOM______1______*2500 Malta Int___ LOM______2500 Crestón Int... Final approach crs______Via R 150° RFD 2000 VOR.

Procedure turn W side of crs, 182° Outbnd, 002° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach era, 2000'. Cr s and distance, facility to airport, 002°—-4.5 miles. , isual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.5 miles after passing LOM, make left-climbing turn to 2500' and proceed direct to RFD VO R, or when directed by ATC, make left-climbing turn to 2000' direct to LOM. *2000' after passing RFD VOR R 090°. MSA within 26 miles of facility: 000°-090°—2300'; 090°-180°—2500'; 180°-270°—2300'; 270°-360°—2600'. City, Rockford; State, I1L; Airport name, Greater Rockford; Elev., 735'; Fac. Class., LOM; Ident., RF; Procedure No. NDB (ADF) Runway 36. Amdt. 8: Eff. date 27 Mav 67- Sup. Amdt. No ADF 1, Amdt. 7; Dated, 20 Mar. 65

FEDERAL REGISTER, VOL. 32, NO. «7— FRIDAY, MAY 5, 1967 6918 RULES AND REGULATIONS

ADS' Standard Instrument Approach P rocedure— Continued

Transition Celling and visibility minimums

2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distanoe (feet) 65 knots More than more than or less 65 knots 65 knots

GEG V O R ...... GE LOM...... 4900 T-dn% 300-1 300-1 200-H C-dn "______500-1 500-1 500-1)$ S-dn-21______400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Radar available. Procedure turn W side of crs. 025® Outbnd, 205° Inbnd, 4800' within 10 miles. Minimum altitude over facility on final approach crs, 3500'. • Crs and distance, facility to airport, 205°—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.9 miles after passing GE LOM, climb direct GEO VO R, continue climb on R 207° to 4000' within 10 miles of GE G VO R, or when directed by AT C, turn right, climb direct to GE LOM, thence continue climb to 4800' in holdin? pattern NE of GE LOM. s %Takeofls all runways: Climb direct GEG VOR, theifce continue climb on R 207° GEG VOR within 10 miles so as to cross GEG VOR at or above: Eastbound, V-2 4200'; northeastbound, V-2N, 3900'; southeastbound, V2S, 4700'. MSA within 25 miles of facility: 000°-090°—7100'; 090°-180°—6300'; 180°-270°—4100' ; 270°-360°—5100'. City, Spokane; State, Wash.; Airport name, Spokane International; Elev., 2372'; Fac. Class., LOM; Ident., GE; Procedure No. NDB (ADF) Runway 21, Arndt. 8; Efl. date 27 May 67; Sup. Arndt. No. ADF 1, Arndt. 7; Dated, 5 Feb. 66 1

TT.TT Temp RBn TL RBn (OM1 1800 300-1 300-1 TL RBn (OM)...... 1800 C-dn 400-1 600-1 TL RBn COM! 1900 S-dn-36...... 400-1 400-1 400-1 TL RBn (OM) 1800 800-2 800-2 800-2 1800 TL RBn (OM) (final) 1200 TL RBn (OM) 1900 TL RBn (OM) _ 1800 TL RBn (OM) 1800 of.F v o r , TL RBn (OM)___ ...... 1800

Procedure turn E side of crs, 178° Outbnd, 358° Inbnd, 1300' within 10 miles. Minimum altitude over facility on final approach crs, 1200'. Crs and distance, facility to airport, 358°—4.1 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.1 miles after passing LOM, climb straight ahead to 1800' on a crs of 368° from LOM within 15 miles, or turn right, climbing to 1800' and proceed on crs of 063° to TLH Temp. RBn. MSA within 25 miles of facility: 000°-090°—2300'; 090°-180 —1400'; 180°-270°—1900'; 270°-360°—1900'. City, Tallahassee; State, Fla.; Airport name, Municipal; Elev., 82'; Fac. Class., H-SAB; Ident., TL; Procedure No. NDB (ADF) Runway 36, Arndt. 7; Eff. date, 27 May 67; Sup. Arndt. No. ADF 1, Arndt. 6; Dated, 31 Dec. 66

LOM 2500 300-1 300-1 200-)$ LOM...... 2400 500-1 500-1 500-1)$ 2200 S-dn-33 400-1 400-1 400-1 LOM (final). —...... 2200 800-2 800-2 800-2

Radar available. Procedure turn W side of crs, 148° Outbnd, 328° Inbnd, 2400' within 10 miles. - Minimum altitude over facility on final approach crs, 2200'. Crs and distance, facility to airport, 328°—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.9 miles after passing LOM, climb to 2500', proceed to Ring Int, via 328° crs from IN LOM, or when directed by ATC, turn left, climbing to 2500', proceeding to Yadkin Int via R 283° GSO VOR. Caution: 3081' antenna, 16 miles NW of airport. MSA within 25 miles of facility: 000°-090°—3600'; 090°-180°—4100'; 180°-270°—3400'; 270°-360°—5100'. City, Winston-Salem; State, N.C.; Airport name, Smith Reynolds; Elev., 969'; Fac. Class., LOM; Ident., IN; Procedure No. NDB (ADF) Runway 33, Arndt. 11; Efl. date, 27 May 67; Sup. Arndt. No. NDB (ADF) Runway 33, Arndt. 10; Dated, 21 Jan. 67 2. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetio. Elevations and altitudes are in feet M8L. Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— distance altitude Condition more than (feet) 65 knots More than 65 knots or less 65 knots

R 061°______...... _ 10-mile DME___ _ 3000 T-dn 300-1 300-1 200-)$ R 061°...... 10-mile D M E.. . 3000 O-d 700-1 700-1 • 700-1)3 OCR VORTAC (final) ...... R 061° _ 3000 C-n 700-2 700-2 700-2 A-dn...... NA NA NA If Harold Int received, minimums become: C -dn...... 500-1 500-1 J 500-1)2

Radar available. No procedure turn authorized. Minimum altitude over facility on final approach, 3000'; over Harold Int, 1700'. Crs and distance, facility to airport, 241°—9.7 miles; Harold Int to airport, 241°—4.7 miles. - If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 9.7 miles after passing OCR VO R, make climbing . right turn to 3000'and proceed to Crabapple Int via REG VOR, R 344°. N ote: Pilots must cancel IFR flight plan with Atlanta APC when landing Is assured or immediately upon landing while the control tower is not in operation. No weather reporting facilities available. Air Carrier use not authorized. MSA within 25 miles of facility: 000°-360°—3100'. City, Atlanta; State, Ga.; Airport name, DeKalb-Peachtree; Elev., 1002'; Fac. Class., BVORTAC; Ident., OCR; Procedure No. VOR-1, Arndt. 6; Efl. date, 27 May 67; Sup. Arndt. No. VOR 1, Arndt. 5; Dated, 14 Nov. 64

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6919

VOR Standard Instrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— T o - altitude Condition more than distance (feet) 65 knots More than or less 65 knots 65 knots

T-dn%_...... 500-1 500-1 600-1 C-dn...... 1400-1 1400-1 1400-1)4 A -dn-J______1400-2 1400-2 1400-2

Descend in 1-minute right-turn holding pattern SE of BEE VOR on R 118® to 7000'. Procedure turn N side of ers, 298° Outbnd, 118° Inbnd, 6300' within 10 miles. Minimum altitude over facility on final approach crs, 4800'. Frvisnial°contact not established upon descent-to authorized landing minimums or if landing not accomplished within 0 mile of BEE VOR, make immediate right turn, climb to 7000' on R 300°, BEEV O R within 15 miles. All maneuvering N side of R 300°. Caution: High terrain all quadrants. , : . _ _ %Takeoffs all runways: Climb visually over the airport to 3900', climb on R 297°, BEE VOR within 10 miles to cross BEE VOR at or above: Southeastbound, V4, V 4S, 7000'- westbound, V182,10,200'; northwestbound, V4, 7000'. All maneuvering N side R 297°, BKE VOR. MSA within 25 miles of facility: 000°-090°—10,600'; 090°-180°—8200'; 180°-270°—10,200'; 270°-360°—10,000'. Citv Baker- State, Oreg.; Airport name, Baker Municipal; Elev., 3368'; Fac. Class., L-BVORTAC; Ident., BKE; Procedure No. VOR Runway 12; Arndt. 3; Eft. date, 27 May 67; Sup. Arndt. No. VOR-12, Amdt. 2; Dated, 14 Aug. 65

BIS VOR______Direct______3400 T-dn%_...... 300-1 300-1 200-44 R 093°, BIB VOR__ 3400 C-d...... 606-1 500-1 600-1)4 Arc. C-n...... 600-1)4 600-114 500-1)4 R 093®, BIS VOR___ 3400 A-dn...... 800-2 800-2 800-2 Arc. 7-mile DME Fix, R 093®------BIS VOR (final)______Direct______2700

Procedure turn N side of crs, 093° Outbnd, 273° Inbnd, 3400' within 10 miles. Minimum altitude over facility on final approach crs, 2700'. Crs and distance, facility to airport, 273°—3.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.6 miles after passing BIS VOR, climb to 4000' on R 263°, BIS VOR within 10miles. Final approach from holding pattern at VOR not authorized, procedure turn required. %When weather is below 1800-2 and1 aircraft is departing southwestbound, flight below 3900' beyond 5 miles from airport is prohibited between radials 175° and 230?, inclu­ sive of the BIS VOR due to 3373' tower, 10 miles SSW of airport. MSA within 25. miles of facility: 270°-090°—3400'; 09Q°-270°—4400'. City, Bismarck; State, N. Dak.; Airport name, Bismarck Municipal; Elev., 1677'; Fac. Class., L-B VORTAC; Ident., BIS; Procedure No. VOR-1, Amdt. 10; Eft. date, 27 May 67; Sup. Amdt. No. VOR 1, Amdt. 9; Dated, 29Oct. 66

R 277°______1800 T-dn...... 300-1 300-1 200-J4 Orbit. C-d...... 600-1 600-1 600-Í14 R 277°______1800 C-n______600-2 600-2 600-2 Orbit. A-dn*...... NA NANA 16-mile DME, R 277°______UBS VORTAC______1800 C-dn...... 500-1 500-1 600-1Ì4

Radar available. Procedure turn S side of crs, 277° Outbnd, 097° Inbnd, 1800* within 10 miles. Minimum altitude over facility on final approach crs, 1800'; at 3-mile DME Fix 800'. Crs and distance, facility to airport, 097*—6.8 mfies; 3-mile DME Fix to airport, 097°—3.8 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.8 miles after passing UBS VORTAC, climb to 1800', R 097°, within 15 miles. Note: (1) Weather service not available to public. (2) Use TCL altimeter setting. 'Am Carrier N ote: Alternate minimums dn 800-2 authorized for air earners only. MSA within 25 miles of facility: 000°-360°—1900'. City, Columbus; State; Miss.; Airport name, Columbus-Lowndes County; Elev., 187'; Fac. Class., BVORTAC; Ident., UBS; Procedure No. VOR-1, Amdt. 5; Eff. date, 27 May 67; Sup. Amdt. No. VOR I, Amdt. 4; Dated, 5 Feb. 66

T-dn...... 300-1 300-1 300-1 i C-dn...... ■_ 600-1 600-1 600-1)4 A-dn...... 800-2 800-2 800-2 DME minimum! . S-d-12...... 600-1 600-1 600-1

Procedure tum S side of crs, 299° Outbnd, 119° Inbnd, 2900' within 10 miles. Minimum altitude over facility on final approach ers. 1600'. DME: Minimum altitude over 2--miie DME Fix, R 299°, 1600'; over facility,. 1300'. Crs and distance, facility to aiiport, 119®—3 miles. visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3 miles after passing CON VORTAC or over 3-mile DME Fix, R 119°, make right-climbing turn to 2900' direct CON VORTAC. Hold NW of CON VORTAC, 1-minute right turns, 119® Inbnd. Note: Approach from a holding pattern not authorized, procedure turn required. MSA within 25 mfies of facility: 000°-090°—3500'; 090°-180°—3000'; I80°-270°—3500'; 270°-360°—400(y. City, Concord; State, N.H.; Airport name, Concord Municipal; Elev., 345'; Fac. Class., L-BVORTAC; Ident., CON; Procedure No. VOR Runway 12, Amdt. 8; Eff. date, 27 Maj*87; Sup. Amdt. No. VOR Runway 12, Amdt. 7; Dated, 8 Apr. 67

FEDERAI REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6920 RULES AND REGULATIONS

VOR Standard I nstrument Approach Procedure—C o n tin u ed

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

R 120°...... _...... _...... 1700 T-d.„!______300-1 300-1 NA. Arc. C-d._-...... 600-1 600-1 E NA R 120°...... Via 8-mile DME 1700 S-d-31...... 600-1 600-1 NA Arc. A-dn*...... -NA NA na CTY VOR (final)...... Via R 120°______1700

Procedure turn N side of crs, 120° Outbnd, 300° Inbnd, 1700' within 10 miles. Minimum altitude over facility on final approach crs, 700'. Crs and distance, facility to airport, 300°—3.2 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.2 miles after passing CTY VORTAC, climb to 1700' on R 300° within 15 miles. N ote: Use Gainesville altimeter setting. ‘Weather not available to the public. MSA within 25 miles of facility: 000°-360°—1400'. City, Cross City; State, Fla.; Airport name, Cross City; Elev., 42'; Fac. Class., L-BVORTAC; Ident., CTY; Procedure No. VOR Runway 31, Arndt. 10; Eff. date, 27 May » 67; Sup. Arndt. No. VOR 1, Arndt. 9; Dated, 13 Oct. 66

HSV VOR...... DCU VOR...... Direct...... 2600 T-dn______300-1 300-1 r-' 300-1. C-d...... 400-1 500-1 1 500-1)3 C-n______600-2 600-2 600-2 S-dn-18#...... 400-1 400-1 400-1 A-dn*______800-2 800-2 800-2

Procedure turn W side of crs, 349° Outbnd, 169° Inbnd, 2000' within 10 miles. Minimum altitude over R 250°, HSV VOR on final*approach crs, 1200'; over facility, #1000'. Facility on airport; R 250°, HSV VOR to airport, 3.8 miles. Crs and distance, breakoff point to approach end of Runway 18,176°—1 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished climb to 2200' on R 175° within 10 miles. #If R 250°, HSV VOR not received, descent below 1200' not authorized. ‘Alternate minimums authorized for air carriers only. Weather service not available to the general public. Use Huntsville, Ala., altimeter setting. MSA within 25 miles of facility: 000°-090°—3000'; 090°-180°—2600'; 180°-270°—2300'; 270°-360°—2000'. City, Decatur; State, Ala.; Airport name, Pryor Field; Elev., 592'; Fac. Class., BVOR; Ident., DCU; Procedure No. VOR Runway 18, Arndt. 3; Eff. date, 27 May 67; Sup. Arndt. No. TerVOR-18, Arndt. 2; Dated, 14 Mar. 64 —~

5-mile DME Fix, R 143°.. Hartford VOTtTAf! fflnaVV 2100 T-dn______300-1 300-1 300-1 C-dn...... 1000-1)3 1000-1)3 1 1000-2 A-dn______NA NA NA VOR/DME or ADF minimums: C-dn___ s...... 500-1 500-1 500-1)3 S-dn-36...... 500-1 600-1 500-1

Radar available. Procedure turn E side of crs, 167° Outbnd, 347° Inbnd, 2400' within 10 miles. Minimum altitude over facility on final approach crs, 2100'; over 4-mile DME Fix, R 347° or Hopewell Int, 1045'. Crs and distance, facility to airport, 347°—7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7 miles after passing HFD VORTAC, make right» climbing turn to 2400' direct HFD VORTAC. Hold SE of HFD VORTAC, 1-minute right turns, 323° Inbnd. Caution: 580' building 2 miles NW of airport. MSA within 25 miles of facility: 000°-090°—2300'; 090°-180°—2100'; 180°-270°—2100'; 270°-360°—2500'. City, East Hartford; State, Conn.; Airport name, Rentschler Field; Elev., 45'; Fac. Class., L-BVORTAC; Ident., HFD; Procedure No. VOR Runway 36, Arndt. 1; Eft. date 27 May 67; Sup. Arndt. No. VO R 1, Orig.; Dated, 7 Sept. 63

15-mile DME Fix, R 080°, ITO VORTAC.. 5.9-mile DME Fix, R 080° ITO VOR- 1000 T-dn*___ 300-1 300-1 20043 TAC. C-dn...... 600-1 600-1 600-Dj Direct______1500 S-dn-26#...... 400-1 400-1 400-1 5.9-mile DME Fix, R 080° (Bayview lnt)... ITO VORTAC ffinall______Direct______400 A-dn______800-2 800-2 800-2 R 323° ITO VORTAC...... R 080° ITO VORTAC...... Via 15-mile CW 1500 DME Are.

Procedure turn S side of crs, 080° Outbnd, 260° Inbnd, 1500' within 10 miles. Minimum altitude over facility on final approach ers 400'. Crs and distance, facility to airport 259°—1 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1 mile (1-mile DME Fix, R 259°) after passing n o VORTAC, turn right and climb to 3000' on R 355° within 20 miles, turn right, return to VOR on R 355°, hold E on R 080°, left turns. C aution: Gradually rising terrain westerly quadrants. *400-1 required Runway 26 with right turn after takeoff. #400-Ji authorized, with operative high-intensity runway lights, except for 4-engine turbojets. MSA within 25 miles of facility: 030°-120°—120(/; 120°-210°—7000'; 2105-300°—15,800'; 300°-030°—8000'. City, Hilo: State, Hawaii; Airport name, General Lyman Field; Elev., 37'; Fac. Class., H-BVORTAC; Ident., ITO; Procedure No. VOR Runway 26, Arndt. 1; Eff. date 27 May 67; Sup. Arndt. No. VOR/DME No. 2, Orig.; Dated,4 Dec. 65

Huntingdon Int. AOGVOR 4100 T-dn__ . 900-1 900-1 900-1 C-d...... 900-1 900-2 900-2 C -n-_...... 900-2 900-3 900-3 A-dn______1500-2 1500-3 1600-3

Procedure turn W side of crs, 033° Outbnd, 213° Inbnd, 3600' within 10 miles. Minimum altitude over facility on final approach crs, 2800'. Crs and distance, facility to airport, 213°—1.5 miles. . .. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.5 miles after passing the AOO VOR, climb striagni ahead on the R 213° of the Altoona VOR to 3600' within 10 miles, return to AOO VOR, hold northeast, 1-minute right turns, 213° Inbnd. Air Carrier N otes: Reduction In visibility not authorized below 1 mile for 65 knots or less aircraft; not authorized below 2 miles for aircraft of more than 65 knots. MSA within 25 miles of facility: 270°-180°—3900'; 180°-270°—4200'. City, Martinsburg; State, Pa.: Airport name, ¿lair County; Elev., 1604'; Fac. Class., T-VOR; Ident., AOO; Procedure No. VOR-1, Arndt. 3; Eflt. date, 27 May 67; Sup. Arndt. No. VOR 1, Arndt. 2; Dated, 10 Dec. 66

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6921

VOR Standard Instrument Approach P rocedure—C o n tin u ed

Transition Gelling and visibility minimums

2-engine or less Minimum More than From— T o - Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

R 225°, clockwise...... R 310°...... 10 DME Orbit. 2000 T-dn. 300-1 300-1 200-)$ R 045°, counterclockwise R 310°...... „ 10 DME Orbit. 2000 O-dn. 600-1 600-1 600-1u 10-mile DME, R 310°— M EI VORTAC (final) R 310°...... 1600 A-dn 800-2 800-2 800-2.

Radar available. Procedure turn W side of crs, 310° Outbnd, 130° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach crs, 1600'. Crs and distance, facility to airport, 130°—3.7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.7 miles after passing MEI-VORT AC turn right, climb to 2000' on R 225° MEI VORTAC within 15 miles, or when directed by ATC, turn right, climb to 2000' on R 170° M EI VORTAC within 15 miles. Caution: Trees 600', 2 miles E of airport. 1000' tower, 2.5 miles E of airport. 880' tower, 4.2 miles SE of airport. MSA within 25 miles of facility: 000 -180°—2100'; 180°-270°—1700'; 270°-360°—1600'. Citv Meridian; State, Miss.; Airport name, Key Field; Elev., 297': Fac. Class., BVORTAC; Ident., MEI; Procedure No. VOR-1, Arndt. 7; Eft. date, 27 May 67; Sup. Arndt. *' No. VOR 1, Arndt. 6; Dated, 12 Mar. 66

T - d n ...... 300-1 300-1 200-H C -d n .--...... 500-1 600-1 500-1)* S-dn-17*...... 600-1 600-1 500-1 A-dn#...... 800-2 800-2 800-2

Procedure turn W side of crs, 006° Outbnd, 186° Inbnd, 1800' within 10 miles. M inimum altitude over facility on final approach crs, 800'. Crs and distance, breakoff point to Runway 17,170°—1 mile. If visual contact not established upon descent to authorized landing m inim um s or if landing not accomplished within 0 mile of H EZ V O R, climb to 1800' on R 186° of HEZ VOR within 15 miles. -Note: Use McComb, Miss., altimeter setting. Caution N ote: Tower 450', 2 miles WSW of airport. ♦Reduction below H mile not authorized. #Altemate m inimums authorized for air carriers only. Weather service not available to the general public. MSA within 25 miles of facility: 000°-360°—2000'. City, Natchez; State, Miss.; Airport name, Hardy-Anders; Elev., 272'; Fac. Class., BVOR; Ident., HEZ; Procedure No. VOR Runway 17, Arndt. 3; Efl. date, 27 May 67; Sup. Arndt. No. TerVOR-17, Amdt. 2, Dated, 2 Oct. 65

R 126°, AYS VOR clockwise______R. 20fi° Via 8-mile DME 2200 T-dn______300-1 300-1 2 0 0 4 * arc. C-dn*...... 700-1 700-1 700-1)* R 009°, AYS VOR counterclockwise 8-mile R 296°...... 2200 NA NA NA arc, R 296°. arc. DME minimums: AYR VOR (final) Via R 296°...... 1900 C-dn* _____I 600-1 600-1)*

Procedure turn N side of crs 296° Outbnd, 116" Inbnd, 2200' within 10 miles. Minimum altitude over facility .on final approach crs, 1900'; over Fairfax DME Fix, 842'. Crs and distance, facility to airport, 099°—8.1 miles; Fairfax DME Fix, 099°—4.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 8.1 miles after passing AYS VORTAC or 4.6 miles after passing Fairfax DME Fix, make climbing left turn to 2200', return to AYS VORTAC and hold NW. Notes: (1) This procedure usable only between the hours of 0600 and 2200 when Alma FSS is in operation, except scheduled air carrier with approved communication service. (2) *Circiing minimums VOR and OMR radiiet.inn nf 100' and ftlt.ema.tn minim um s day/night 800' is authorized for air carriers only. (3) Use Alma, Ga., altimeter setting. Weather service not available to the general public. MSA within 25 miles of facility: 000°-360°—2300'. • City, Waycross; State, Ga.; Airport name, Waycross-Ware County; Elev., 142'; Fac. Class., L-BVORTAC; Ident., AYS; Procedure No. VOR-1, Amdt. 1; Eft. date, 27 May 67; Sup. Amdt. No. VOR-1, Orig.; Dated, 28 Jan. 67 3. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: VOR/DME Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise Indicated, except visibilities which are in statute miles.' If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and altitude Condition 2-engine, distance (feet) - 65 knots More than more than or less 65 knots 65 knots lOmile DME Fix, R HR* ...... BKE VOR...... 7200 T -dn% ______500-1 500-1 500-1 10-mile DME Fix, R m ° BKE VOR...... —. 7200 C-dn ____ 600-1 500-1 500-1)* 20-mile DME Fix, R 275°...... 10,000 400-1 400-1 400-1 " 20-mile DME Fix, R 325°.... 2ft.mil« DMF Fix' R 208° 9000 1000-2 1000-2 1000-2 20-mile DME Fix, R 298°.... 15-mile DMF. Fix, R. 208° 8000 15-mile DME Fix, R 298’...... 6500 11-mile DME Fix! R 298° 5000 6-mile DME Fix. R 298°. .. 4600 3-mile DME Fix, R 298°. .. 0-mile DME Fix) R 298°...;...______Direct______3800

Procedure tum N side of crs, 298° Outbnd, 118° Inbnd, 6500' within 11 miles. Minimi«* altitude over 15-mile DME Fix on final approach crs, 8000'; over 11-mile DME Fix, 6500'; over 6-mile DME Fix, 6000'; over 3-mile DME Fix, 4600'; over facility, Final approach crs 450' left of runway centerline at 3000' from approach end of runway. Facility on airport. If visual contact not established upon descent to authorized landing m inim um s or if landing not accomplished within 0 mile of BKE VOR, make immediate right turn, climb to 7000' on R 300° BKE VOR within 15 miles. All maneuvering N side of R 300°. Caution: High terrain all quadrants. „„^jTakeoffs all runways: Climb visually over the airport to 3900', climb on R 297°. BKE VOR within 10 miles to cross BKE VOR at or above: Southeastbound, V4, V4S, ‘^VrJf^bound, V182,10,200'; northwestbound ,V4, 7000'. All maneuvering N side R 297°, BKE VOR. MSA within 26 miles of facility: 000°-090°—10,600*; 090°-180°—8200'; 180°-270°—10,200'; 270°-360°—10,000'. City, Baker; State, Oreg.; Airport name, Baker Municipal; Elev., 3368'; Fac. Class., L-BVORTAC; Ident., BKE; Procedure No. VOR/DME Runway 12, Amdt. 3; Eft. date, 27 May 67; Sup. Amdt. No. VOR/DME 1, Amdt. 2; Dated, 14 Aug. 65 FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 No. 87- 6922 RULES AND REGULATIONS

VOR/DME Standard I nstrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— To-» Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

ONT VORTAC 044°—17 miles...... 1500 T-d...... 300-1 300-1 300-1 27-mile DM E Fix, R 044°...... 17-mile DM E Fix, R 044° (final)...... 224°—5 miles...... 1000 C-d*...... 500-1 500-1 500-1)$ A ...... NA NA NA The following rninimums a ithorized if Grand Isle altimeter settirtg is used: C-d...... 400-1 600-1 500-1%

Procedure turn N side of crs, 044° Outbnd, 224° Inbnd, 1500' within 10 miles of 17-mile DME Fis. Minimum altitude over FAF (17-mile DME Fix) on final approach crs, 1000'. Crs and distance, FAF to airport, 224°—-5 miles; breakofl point 12-mile DME Fix. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished upon reaching 12-mile DME Fix, R 044°, climb to 1500' on crs 224° to QNI VORTAC. N otes: (1) No weather service available. (2) Seaplanes only (no runways available). Caution: 324' radio tower located on NE end of Grand Isle. •Use New Orleans altimeter setting if Grand Isle altimeter setting is not available. MSA within 25 miles of facility: 000°-360°—1400'. City. Grand Isle; State, La.; Airport name, Grand Isle Seaplane Base; Elev., O'; Fac. Class., H-BVORTAC; Ident., GNI; Procedure No. VOR/DME-1, Arndt. Orig.; Efl. date, 27 May 67

10-mile DME Fix ITO VORTAC, R 323°. 7-mile DME Fix ITO VORTAC, R 2500 T-dn*. ____ 300-1 300-1 200-% 323° 7-Tnita DME Fix R 323® 1-mile DME Fix, R 323° (final)...... Direct______600 C-dn...... 600-1 600-1 600-1% A-dn...... 800-2 800-2 800-2

Procedure turn not authorized. Straight-in to facility from 10-mile DME Fix, R 323° only. Minimum altitude over 7-mile DME Fix, 2500'; over 1-mile DME Fix, R 323°, 600', on fined approach crs. Crs and distance, facility to airport, 259°—1 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at 1-mile DME Fix, R 323 , turn left and climb to 3000' on R 355° within 20 miles, turn right, return to VO R on R 355°, hold E on R 080°, left turns. N ote: DME required for execution of this approach. Caution: Gradually rising terredn westerly quadrants. •400-1 required Runway 26 with right turn after takeoff. , MSA within 25 miles of facility: 030°-120°—1200'; 120“-210°—7000'; 210°-300°—15,800'; 300°-030°—8000'. - \ A > Citv Hilo: State. Hawaii: Airport name. General Lyman Field; Elev., 37'; Fac. Class., H-BVORTAC; Ident., ITO; Procédure No. VOR/DME-I, Amdt. 1; Eff. date, 27 May 67; Sup. Amdt. No. VOR/DME No. 1, Orig.; Dated, 4 Dec. 65

8-mile DME Fix, R 241°, counterclockwise. «-mil« DME Fix, R 0*17° 4600 T-dn%...... 300-1 300-1 200-% Arc. C-dn...... 600-1 500-1 600-1% «-mil« DME Fix, R 073® _ __ Direct______6500 8-dn-3#...... 400-1 400-1 400-1 8-mile DME Fix, R 073°, clockwise______8-mile DME Fixj R 207°______Via 8-mile DME 4500 A-dn______800-2 800-2 800-2 Arc.

Radar available. Procedure turn E side of crs, 207“ Outbnd, 027° Inbnd, 4000' within 10 miles. Minimum altitude-over facility on final approach crs, 3700'; over 2.5-mile DME Fix, R 027,2900 . Crs and distance, facility to airport, 027°—4.4 miles. . . . . , ...... , , „ „ , „ , r „ _ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.4 miles after passing GEGVOR, climb on R 02bjto GE LOM, thence continue climb to 4800' in holding pattern on R 026° NE of GE LOM, or when directed by ATC, turn left, climb direct GEGVOR, continue climb on R 207 , GE G VO R to 4000'. #400-% authorized with operative H IRL’s except for 4-engine turbojets. _ ,______* . „ „ ___ . v n %Takeoffs all runways: Climb direct GEG VOR, thence continue climb on R 207°, GEG VOR within 10 miles so as to cross GEG VOR at or above: Eastbound, V-2, 4200'; northeastbound V-2N, 3900'; southeastbound V-2S, 4700'. MSA within 25 miles of facility: 000°-090°—6300'; 090M80°—5100'; 180°-270°—4100'; 270°-360°—5100'. City, Spokane; State, Wash.; Airport name, Spokane International; Elev., 2372'; Fac. Class., H-BVORTAC; Ident., GEG; Procedure No. VOR/DME Runway 3, Amdt. 6; , Eff. date, 27 May 67; Sup. Amdt. No. VOR/DME 1, Amdt. 5; Dated, 27 May 65

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY JS, 1967 RULES AND REGULATIONS 6923

4. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, It shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

LOM...... 3300 T-dn% ...... 300-1 300-1 200-% LOM ifinall 3300 C-d 500-1 600-1 500-1% LOM.___J...... 3300 C - n ...... 500-1% 600-1% 600-1% LOM...... 3300 S-dn-30# 200-%' 200-% 200-% R 140°, BIS VOR...... Via 10-mile DME 3300 600—2 600-2 600-2 Arc.

Procedure turn E side of crs, 126° Outbnd, 306° Inbnd, 3300' within 10 miles. Minimum altitude at glide slope interception inbnd, 3300'. Altitude of glide slope and distance to approach end of runway at OM 3260'—5.8 miles; at MM 1830'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.8 miles after passing LOM, climb to 3800' on 286° bearing from BI LOM within 10 miles, or when directed by ATC, make right-climbing turn to 3800' on R 336°, BIS VOR within 10 miles.- %When weather is below 1800-2 and aircraft is departing southwestbound, flight below 3900' beyond 5 miles from airport is prohibited between radials 175° and 230°, inclusive of the BIS VOR due to 3373' tower, 10 miles SSW of airport. #300-% required when glide slope not utilized. 300-% authorized with operative ALS except for 4-engine turbojet. MSA within 25 miles of LOM: 270°-090°—3400'; 090°-180°—3300'; 180°-270s—4400'. City, Bismarck; State, N. Dak.; Airport name, Bismarck Municipal; Elev., 1677'; Fac. Class., ILS; Ident., I-BIS; Procedure No. ILS Runway 30, Arndt. 20; Efl. date, 27 May 67; Sup. Arndt. No. ILS-30, Arndt. 19; Dated, 20 Aug. 66

RALVORTAC______LOM 2000 T-dn#__ j_____ 300-1 300-1 200-% OSW VO R T A C ______T.OM 2000 C-dn...... 600-1 600-1 600-1% ADS VOR______LOM...... 2000 S-dn-31L____.. 300-% 300-% 300-% LOM...... 2000 A-dn...... 600-2 600-2 600-2 Desotö Int______...... LOM x 2700 Minimums without glide slope: C-dn______I 900-1 I 900-1 900-1% S-dn-31L______900-1 900-1 900-1

Radar available. Procedure turn S side of crs, 128° Outbnd, 308° Inbnd, 2000' within 10 miles. Minimum altitude over OM on final approach crs, 2000'. Crs and distance, facility to airport, 308°—4.9 miles. Minimum altitude at glide slope interception inbnd, 2000'. Altitude of glide slope and distance to approach end of runway at OM, 2000'—4.9 miles; at MM, 687'—0.6 mile. If visual contact not established Upon descent to authorized landing minimums or if landing not accomplished climb to 2200' on crs 308° within 20 miles. #RVR 2400' authorized Runway 13L. MSA within 25 miles of LOM: 000°-180°—2200'; 180°-270°—3400'; 270°-360°—2300'. City, Dallas; State, Tex.; Airport name, Love Field; Elev., 485'; Fac. Class., ILS; Ident., I-LVF; Procedure No. ILS Runway 31L, Arndt. Orig.; Eft. date, 27 May 67

Walnut Int__ 1._____ Bassett Int______3500 T-dn%¿__ 300-1 200-% Bassett Int______Downey FM/NDB/Int______3500 C-dn 500-1 600-1% Downey FM/NDB/Int LOM (finAl) _ ...... 1800 R-dn-25R* 200-% La Habra Int______Downév FM/NDB/Int______Direct___ 3500 600-2 600-2 600-2 LOBVOR...... Downev FM/NDB/Int,______3000 LAX VOR______LOM...... 3000 Tower Int______LOM______Direct______4000

Radar available. Procedure turn S side of crs, 068° Outbnd, 248° Inbnd, 3000' within 10 miles of LOM. Minimum altitude at glide slope interception inbnd, 2000' (aircraft will maintain 3000' until intercepting glide slope unless otherwise advised by ATC). Altitude of glide slope and distance to approach end of runway at LOM, 1883'—5.4 miles; at LMM, 323'—0.5 miles (LOM and LMM located 750' to left of runway centerline) n visual contact not established upon descent to authorized landing minimums or if landing not accomplished climb to 2000' on W crs L att ILS within 15 miles of LOM* n,ot received, minimums shall be 500-% (500-% RVR 2400' authorized, with operative ALS, except for 4-engine turbojets). ^¡erthbound (280 clockwise 060 ) IF R departures: Unless otherwise directed by ATC, published SID’s must be used. ¿RVR 2400' authorized Runways 25L/R and 7L/R. RVR 2400'. Descent below 326' not authorized unless approach lights are visible. City, Los Angeles; State, Calif.; Airport name, Los Angeles International; Elev., 126'; Fac. Class., ILS; Ident., I-LAX; Procedure No. ILS Runway 26R Arndt 6- Eft date 27 May 67; Sup. Arndt. Np. ILS-25R, Arndt. 5; bated, 16 Oct. 65 ’ ’ ’

MAF V O R T A C ___».__ _ LOM...... Goldsmith Int__ 4600 300-1 300-1 •200-% LOM (final)...... 4600 400-1 500-1 500 Penwell I n t... LOM...... 6000 200-% ^stM iglnt...... LOM...... 5000 A dn...... 600-2 600-2 INK VORTAC R 065°...... MAF ILS (FC)...... 5500 INT INK, R 065° and MAF ILS (FC)...... LOM (final)...... 4600

J ITOJUUTO turn w siete oi crs, 283- uutbna, 103” Inbnd, 4600' within 10 miles Minimum altitude at glide slope interception inbnd, 4600'. Mínimum altitude over LOM on final approach crs, 4533'. ^rs and distance, facility to airport, 103s—6.1 miles. Altitude of glide slope and distance to approach end of runway at OM, 4533'—6.1 miles; at MM, 3055'—0.6 mile, right, clhnbto W ^ M A f “ © '^ ! ^ , 1R 1«?° w i ^ $ ^ ^ landing «^hnum s or if landing not accomplished climb to 4500' on E crs ILS (103e) within 20 miles or turn *300-1 required'Runways- xvuuways iuju16L and aim o^txv.34R. ¡moo-% authorized when glide slope not utilized and with operative ALS except for 4-engine turbojets. MSA within 26 miles of LOM: 270°-090e—5100'; 090e-180°—4400'; 180°-270°—5500'. City, Midland; State, Tex.; Airport name, Midland-Odessa Regional; Elev., 2867'; Fac. Class., ILS; Ident., I-MAF; Procedure No. ILS Runway 10. Arndt 2- Efl date 27 Mav 67; Sup. Arndt. No. ILS-10, Arndt. 1; Dated, 22 Dec. 62 ’ ' ’ 3

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6924 RULES AND REGULATIONS

IL S S tandard I n s t r u m e n t A ppr o a c h P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

Rochelle In t...... -...... -...... Direct___ .T...... 2000 T-dn**__ 300-1 300-1 200-% PLL VOR...... _...... LOM ...... Direct______2500 C-dn____ 400-1 500-1 500-1% RFD VOR...... :----- LOM ...... -...... Direct______2000 S-dn-36i$. 200-4 $ 200-% 200-% Belvedere In t. ______LOM ...... Direct...... 2500 A-dn____ 600-2 600-2 600-2 JVL VOR...... -...... LOM ...... -...... - Direct______*2500 Malta I n t ...... LÓM ...... Direct______2500 Crestonlnt-.i...... Via R 150°, RFD 2000 VOR. RFD VOR, R 240°, counterclockwise. RFD VOR, R 158°...... Via 15-mile DME 2000 Arc. 15-mile DME Fix RFD VOR, R 158°. TOM (final) _____ Direct...... 2000

\ Procedure turn W side of crs, 182° Outbnd, 002° Inbnd, 2000' within 10 miles. Minimum altitude at glide slope interception inbnd, 2000'. ____ .... . Altitude at glide slope and distance to approach end of runway at LOM, 1966 —4.5 miles; at MM, 923 —0.6 mne. . T m u i. i , . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.5 miles after passing LOM, make left-climbing turn to 2500' proceed direct to RFD VOR, or when directed by ATC, (1) climb to 2500' on N crs of ILS within 10 miles, (2) make left-climbing turn to 2000 direct to LOM. ¿300-% required when glide slope not utilized, and 300-% authorized with operative ALS except for 4-engine turbojets. *2000' after passing RFD VOR, R 090°. **RVR 2400' authorized Runway 36. $RVR 2400'. Descent below 935' not authorized unless approach lights are visible. ___ MSA within 25 miles of facility: 000°-090°—2300'; 090°-l80 —2500'; 180°270—2300'; 270 -360 2600 . Citv Rockford; State. HI.; Airport name, Greater Rockford; Elev., 735'; Fac. Class., ILS; Ident., I-RFD ; Procedure No. ILS Runway 36, Arndt. 8; Eff. date, 27 May 67; Sup. . Arndt. No. ILS-36, Arndt. 7; Dated, 12 Nov. 66

Direct.:...... 4800 T-dn%...... 300-1 300-1 200-% C-dn...... 500-1 500-1 500-1% S-dn-3#______400-1. 400-1 400-1 A-dn...... 800-2 800-2 800-2

Radar available. > ...... tit* Procedure turn E side of Crs, 205° Outbnd, 025° Inbnd, 4000' within 10 miles of Willow Lake Int. Minimum altitude over Willow Lake Int on final approach crs, 3700'. Crs and distance, Willow Lake Int to airport, 025°—4.5 miles. H visual co°ntac?not established upon descent to authorized landing minimums or if landing not accomplished within 4.5 miles after Pfsing WUlow.Lake.Int.climb dhect GE LOM, thence continue climb to 4800' in holding pattern NE of GE LOM, on NE crs of localizer or when directed by ATC, turn left, climb direct GEG VOR, continue C1™Notes: (lj D^al VH F receives required for*this approach. (2) When authorized by ATC, DME may be used between 7 and 8 miles and between R 073° and R 241“ clock­ wise of GEG VOR at 4000' to position aircraft for straight-in approach with elimination of procedure turn. % ^kiofls allmnways: Clim b'd irectRGEG VOR ^hen^TOnthiue^cltab on R 207°, GEG VOR within 10 miles so as to cross GEG VOR at or above: Eastbound, V-2 4200'; northeastbound, V-2N, 3900'; southeastbound, V-2S, 4700'. City, Spokane; State, Wash.; Airport name, Spokane International; Elev., 2372'; Fac. Class ILS; Ident., I-GEG; Procedure No. LOC (BC) Runway 3, Arndt. 4; Eff. date, v ’ 27 May 67; Sup. Arndt. No. ILS-3 (back crs), Arndt. 3; Dated, 20 Feb. 65

300-1 20-mile DME Fix, R 073*, GEG VOR. flip, LOM Direct...... 6500 T-dn* %______300-1 200-H OK LOM 4900 C-dn...... 500-1 500-1 500-1% GEG VOR...... -...... S-dn-21**_____ 200-% 200-% 2004$ A-dn...... 600-2 600-2 600-2

PnradureturnW side of NE crs, 025° Outbnd, 205° Inbnd, 4800' within 10 miles. Minimum altitude at glide slope interception inbnd, 4300'. .. . , A(rAJ 0-Kn, n ml1. Altitude of glide slope and distance to approach end of runway at LOM, 3544'—3.9 miles, at LMM, 2560 -41.6 mile. . _ a w n v n p end rilmh to 4000' If visual contact not established upon descent to authorized landing minimums or if landing iwt awmnplished climb straight ahead to the GEG VO R and c m on R 207° within 10 miles of GEG VOR, or when directed by ATC, turn right, climb direct to GE LOM, thence continue climb to 4800 in holding pattern NE of GL on the localizer crs. N ote: Glide slope unusable below 2530'. *RVR 2400' authorized Runway 21. 4 4200;

n»m., Spot». N * 118 E ” ” i

\ TL RBn (OM) ...... Direct...... 1800 T-dn______300-1 300-1 2004j , Direct..______1800 C-dn...... 400-1 ÖUO-1 Havana In t______TL RBn (ÒM)...... 20ft—% 200-H 200-% GEF VOR...... -...... ----...... TL RBn (OM)...... 600-2 TL RBn (OM)______Direct...... 1800 A-dn...... 600-2 600-2 TL RBn (OM)...... Direct...... —...... 1900 Direct...... 1800 TL RBn (OM) (final)...... Direct...... 1200 TL RBn (OM)______Direct...... 1900 TL RBn (OM)______Direct------1800 Cody Int...... -...... -...... TL RBn (OM)...... Direct...... —- 1800

Procedure turn E side of crs, 178° Outbnd, 358° Inbnd, 1300' within 10 miles. Crs and distance, facility to airport, 358°—4.1 miles. Minimum altitude at glide slope interception inbnd, 1200\ 10_ , ...... Altitude of glide slope and distance to approach end of runway at OM, 1200'—4.1 m ite, at 1 ^ , 2 M ^ mile. . nassing LOM climb to 1800' on N crs If visual contact not established upon descent to authorized landing minimums or if lading not accomplished within 4.1 miles after passing nujn, ciuuu of ILS and proceed to Havana Int, or right turn, climbing to 1800 and proceed on crs of 063 to TLH Temp. RBn. #4004i required when glide slope inoperative. 400-% authorized, with operative ALS, except for 4-engine turbojets, . . City, Tallahassee; State, Fla.; Airport name, Municipal; Elev., 82'; Fac Class ILS; Ident. I-TLH; Procedure No. ILS Runway 36, Arndt. 8; Eft. date, 27 May 67; Sup. Am . No. ILS-36, Arndt. 7; Dated, 31 Dec. 6o

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6925

IL S S tandard I n s t r u m e n t A p pr o a c h P rocedure—Co n tin u ed

Transition Ceiling and visibility minimums -

2-engine or less More than Course and Minimum 2-engine, From— T o - altitude Condition more than distance (feet) 65 knots More than or less 65 knots 65 knots

LOM...... Direct______2500 T -dn______300-1 300-1 200-H LOM...... Direct—. ______2400 C-dn...... 600-1 500-1 500-1 LOM (final)...... Direct...... 2200 S-dn-33%...... 300-M 300-K 300-% LOM (final)______Direct ______2200 A-dn______600—2 600—2 600-2 * Kaaar avauauie. Procedure turn W side of crs, 148° Outbnd, 328° Inbnd, 2400' within 10 miles. Minimum altitude at glide slope interception inbnd, 2200'. Altitude of glide slope and distance to approach end of runway at OM, 2200'—3.9 miles; at MM, 1120'—0.5 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.9 miles after passing LOM, climb to 2500, proceed to King Int via 328° crs from IN LOM, or when directed by ATC, turn left, climbing to 2500', proceed to Yadkin Int via R 283°, GSO VOR. NOTE: Glide slope unusable below 1069'. CAUTION: 3081'antenna, 16 miles NW of airport. %iQ0-H required when glide slope not utilized. Localizer back crs unusable. Citv Winston-Salem; State, N.C.; Airport name, Smith Reynolds; Elev., 969'; Fac. Class., ILS; Ident., I-INT; Procedure No. ILS Runway 33, Arndt. 11; Eft. date, 27 May 67; Sup. Arndt. No. ILS-33, Arndt. 10; Dated, 21 Jan. 67 5. By amending the following radar procedures prescribed in § 97.19 to read: R adar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes; are in feet, MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab­ lished with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not.established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots. 65 knots

1 1 Surveillance approach T-dn%...... 300-1 300-1 200-% C-dn...... 500-1 500-1 500-1% A-dn______800-2 800-2 800-2

If visual contact not established upon descent to authorized landing minimums or if landing not accomplished (all runways), climb direct GEG VOR. thence continue climb to 4000' on R 207°, GEG VOR within 10 miles of GEG VOR, or when directed by ATC, climb direct GE LOM, thence continue climb to 4800' in holding pattern NE of GE %Takeoffs all runways: Climb direct GEG VOR, thence continue climb on R 207° GEG VOR within 10 miles so as to cross GEG VOR at or above: Eastbound, V-4 4200'; northeastbound, V-2N, 3900'; southeastbound, V-2S, 4700\ City, Spokane; State, Wash; Airport name, Spokane International; Elev., 2372'; Fac. Class, and Ident., Fairchild RAPCON; Procedure No. 1, Arndt. 5; Eff. date,.27 May 67- Sup. Arndt. No. 1, Arndt. 4; Dated, 20 Feb. 65 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on April 20, 1967. James P. R udolph, Acting Director, Flight Standards Service. [F.R. Doc. 67-4707; Filed, May 4, 1967; 8:45 a.m.]

[Docket No. 8131; Arndts. 151-18, 153-2] of October 25, 1965 (30 F.R. 13661), at Section 153.13(a) (3) and (4) cur­ FART 151— FEDERAL AID TO any airport now or hereafter owned or rently contains a covenant prohibiting controlled by a sponsor receiving aid exclusive rights only at the airport re­ AIRPORTS under the Federal-aid Airport Program. ceiving the property interest in the land PART 153— ACQUISITION OF U.S. A question has been raised as to and § 153.13(c) exempts from its effect LAND FOR PUBLIC AIRPORTS whether the term “subsequently ac­ exclusive rights permissible under sec­ quired” in the covenant in § 151.121 im­ tion 13(g) of the Surplus Property Act of Exclusive Rights at Airports plies ownership so that the covenant 1944, as amended (50 U.S.C. App. 1622 The purpose of these amendments is to would not apply to airports the sponsor (g) ) at airports that had earlier received clarify the policy of the PAA relating to may in the future control but not actu­ a grant under that provision. In order to exclusive rights at airports, as set forth ally own. In addition, § 151.121 does not make Part 153 correctly reflect the cur­ in Parts 151 and 153 of the Federal Avia­ now specifically reflect the policy’s prohi­ rent exclusive rights policy, § 153.13(a) tion Regulations. bition against exclusive rights at airports (3) is also being amended and § 153.13 The intent of the exclusive rights presently owned or controlled by the (c) is deleted. Policy is to prohibit the granting, and to sponsor, other than the one for which aid Since these amendments relate to pub­ require the termination, of any exclusive is requested. Therefore, the covenant lic grants and benefits, notice and public right that is contrary to section 308(a) contained in § 151.121 is being amended procedure thereon are not required and of the Federal Aviation Act (49 U.S.C. to correctly reflect the current exclusive the amendments may be made effective 1349(a)) and the Exclusive Rights Policy rights policy. upon publication.

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6926 RULES AND REGULATIONS

(Secs. 308, 313, Federal Aviation Act of 1958 maintenance of aircraft, sale of aircraft sale or distribution of - songwriting or (49 U.S.C. 1349, 1354); Federal Airport Act parts, and any other activities which song promotional services or any article (49 U.S.C. 1101-1119)) because of their direct relationship to the of merchandise in connection therewith In consideration of the foregoing, operation of aircraft can be regarded as in commerce, as “commerce” is defined Parts 151 and 153 are amended, effective an aeronautical activity; and that the in the Federal Trade Commission Act, do May 5,1967, as follows: grantee further agrees that it will ter­ forthwith cease and desist from repre­ 1. The covenant in § 151.121 of the minate any such exclusive right (includ­ senting, directly or by implication: Federal Aviation Regulations (14 CFR ing any exclusive right to engage in the 1. That respondent needs or wants 151.121) is amended to read as follows: sale of gasoline or oil, or both) now exist­ poems to be used by him in producing ing at the airport or at any other airport his songs when such poems are neither § 151.121 Procedures: offer; sponsor as­ now or hereafter owned or controlled by needed nor wanted for such purpose; or surances. the sponsor, at the earliest renewal, can­ using any -advertising, sales plan or ***** cellation, or expiration date applicable procedure involving the use of false, The sponsor will not grant or permit any to the agreement that established the ex­ exclusive right forbidden by section 308(a) deceptive or misleading statements or of the Federal Aviation Act of 1958 (49 U.S.C. clusive right, and covenants that there is representations to obtain leads or pros­ 1349) at the airport, or at any other airport no exclusive right not subject to ter­ pects for the sale of respondent’s services now or hereafter owned or controlled by it. mination under this provision. or products; or failing to disclose in any In furtherance of the policy of the FAA under ♦ * ' * * * advertisement soliciting the submission this covenant the sponsor agrees that, unless (c) [Deleted] of poems that the purpose of such adver­ authorized by the Administrator, it will not, tising is to obtain leads for the sale of either directly or indirectly, grant or permit Issued in Washington, D.C., on April respondent’s song writing and song any person, firm, or corporation the exclusive 28, 1967. promotional services. right at the airport, or at any other airport William F. McK ee, now or hereafter owned or controlled by it, 2. That respondent will pay for poems to conduct any aeronautical activities, in­ Administrator. which are submitted and found ac­ cluding, but not limited to, charter flights, [F.R. Doc. 67-5035; Filed, May 4, 1967; ceptable. pilot training, aircraft rental and sightseeing, 8:47 a.m.] 3. That in accepting a poem submitted aerial photography, crop dusting, aerial ad­ to him pursuant to his contact advertise­ vertising and surveying, air carrier opera­ ments respondent makes a critical tions, aircraft sales and services, sale of evaluation of it and a bona fide deter­ aviation petroleum products whether or not conducted in conjunction with other aero­ Title 16— COMMERCIAL mination that it can be suitably com­ nautical activity, repair and maintenance of bined with a melody of his own composi­ aircraft, sale of aircraft parts, and any other PRACTICES tion to produce a commercially attrac­ activities which because of their direct rela­ Chapter I— Federal Trade tive song; or misrepresenting in any tionship to the operation of aircraft can be manner, the professional merit or com­ regarded as an aeronautical activity. The Commission mercial potentialities of songs produced sponsor further agrees that it will terminate [Docket No. C-1194] with poems submitted to him by the any such exclusive right (including any ex­ public. clusive right to engage in the sale of gasoline PART 13— PROHIBITED TRADE 4. That respondent is collaborating or oil, or both) now existing at the airport, PRACTICES or at any other airport now or hereafter with authors of poems in producing songs owned or controlled by it, at the earliest Allan Lawrence et al. as a commercial venture for their mutual renewal, cancellation, or expiration date ap­ profit. plicable to the agreement that established Subpart—Advertising falsely or mis­ 5. That under the initial contract pur­ the exclusive right, and certifies that there leadingly: § 13.15 Business status, advan­ suant to which a song is produced by is no exclusive right not subject to termina­ tages, or connections: 13.15-247 Publica­ combining respondent’s music with the tion under this provision. tion services; 13.15-255 Reputation, suc­ submitted poem, respondent will promote 2. Section 153.13 (14 CFR 153.13) is cess, or standing. Subpart—Misrepre­ and publicize the resultant song without amended as follows: Subparagraphs (3) senting oneself and goods—Business additional payment for such services; or and (4) of paragraph (a) are amended status, advantages or connections: § 13.- misrepresenting, in any manner, the and paragraph (c) is deleted as follows: 1540 Reputation, success or standing: amount, degree or extent of the promo­ § 13.1553 Services. tional or publicizing efforts or other serv­ § 153.13 Covenants and reverter clauses ices furnished or provided under any ex­ in conveyances. (Sec. 6, 38, Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 press or implied contract or agreement. (a) * * * U.S.C. 45) [Cease and desist order, Allan Law­ 6. That respondent has personal con­ (3) That the grantee will not grant rence et al., New York, N.Y., Docket C-1194, tacts with music publishers, recording or permit any exclusive right forbidden Apr. 12,1967] companies or others engaged or con­ by section 308(a) of the Federal Avia­ In the Matter of Allan Lawrence, Also nected with the music business in the tion Act of 1958 at the airport, or at any Known as Larry Allen, Doing Busi­ city of New York or elsewhere, assuring other airport now or hereafter owned or ness as Crown Music Co. the successful commercial promotion of controlled by it; or substantial earnings from songs com­ (4) That in furtherance of the policy Consent order requiring a New York posed with poems submitted by the pub­ of the Federal Aviation Administration City promoter of songwriting services to lic; or misrepresenting in any manner under the foregoing covenant the grantee cease misrepresenting the nature of his respondent’s effectiveness in promoting agrees that, unless authorized by the services, the potential commercial value songs commercially or the amount of Federal Aviation Administrator, it will of the poems submitted, his connections earnings from songs promoted by re­ not, either directly or indirectly, grant in the music publishing field, and his own spondent. or permit any person, firm, or corpora­ musical background and accomplish­ 7. That respondent has produced or tion the exclusive right at the airport, or ments. promoted any commercially successful at any other airport now or hereafter The order to cease and desist, includ­ songs composed with poems submitted owned or controlled by it, to conduct any ing further order requiring report of to him by the public. aeronautical activities, including, but not compliance therewith, is as follows: 8. That respondent composed a score limited to, charter flights, pilot training, It is ordered, That Allan Lawrence, for a successful professional musical aircraft rental and sightseeing, aerial also known as Larry Allen, an individual comedy show; or that he is currently, or photography, crop dusting, aerial ad­ doing business as Crown Music Co., or has been in the recent past, actively con­ vertising and surveying, air carrier op­ under any other name or names, and nected with an orchestra; or that he has erations, aircraft sales and services, sale respondent’s agents, representatives and associations because of his musical and of aviation petroleum products whether employees, directly or through any cor­ songwriting career which help him to or not conducted in conjunction with porate or other device, in connection successfully promote the songs composed other aeronautical activity, repair and with the advertising, offering for sale, with poems submitted by the public; or

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6927 misrepresenting in any manner respond­ are made for the purpose of obtaining Products Labeling Act; § 13.1212 Formal ent’s accomplishments, abilities, activ­ leads or the names of prospective regulatory and statutory requirements: ities, background, associations or con­ purchasers. 13.1212-90 Wool Products Labeling Act. nections in the field of music. 3. Representing, directly or by implica­ Subpart—Neglecting, unfairly or decep­ It is further ordered, That the re­ tion, that respondents’ customers are able tively, to make material disclosure: spondent herein shall, within sixty (60) to obtain respondents’ products at little § 13.1852 Formal regulatory and statu­ days after service upon him of this or no cost, or will receive earnings or tory requirements: 13.1852-80 Wool order, file with the Commission a report compensation in any amount. Products Labeling Act. in writing setting forth in detail the 4. Failing to disclose orally at the time (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret manner and form in which he has com­ of sale and in writing on any conditional or apply sec. 5, 38 Stat. 719, as amended; plied with this order. sales contract, promissory note, or other secs. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, instrument executed by the purchaser, 68) [Cease and desist order, Dynamic Im­ Issued: April 12,1967. with such conspicuousness and clarity as ports, Inc., et al., New York, N.Y., Docket By the Commission. is likely to be read and observed by the C-1196, Apr. 17, 1967] [seal] Joseph W. S hea, purchaser that: Consent order requiring two New York Secretary. (a) Such conditional sales contract, City importers of women’s wool slacks to promissory note or other instrument cease misbranding the fiber content of [F.R. Doc. 67-5022; Piled, May 4, 1967; may, at the option of the seller and with­ their merchandise. 8:45 a.m.] out notice to the purchaser, be negotiated The order to cease and desist, includ­ or assigned to a finance company or other ing further order requiring report of [Docket No. 8722] third party; compliance therewith, is as follows: PART 13— PROHIBITED TRADE (b) If such negotiation or assignment It is ordered, That respondents Dy­ is effected, the purchaser will then owe namic Imports, Inc., a corporation and its PRACTICES the amount due under the contract to the officers, and Dynamic Fashions, Inc., and Allied Enterprizes, Inc., and finance company or third party and may its officers, and respondents’ representa­ William Marion have to pay this amount in full whether tives, agents, and employees, directly or or not he has claims against the seller through any corporate or other device, in Subpart—Misrepresenting oneself and under the contract for defects in the connection with the introduction into goods—Goods: § 13.1650 History of prod­ merchandise, nondelivery or the like. commerce, or the offering for sale, sale, uct; § 13.1747 Special or limited offers: 5. Failing to reveal, disclose or other­ transportation, distribution, or delivery Misrepresenting oneself and goods— wise inform customers, in a manner that for shipment or shipment in commerce, Prices: § 13.1817 Reductions for prospect is clearly understood by them, of all the of women’s slacks composed in whole or referrals. Subpart—Neglecting, unfairly terms and conditions of a sale and of in part of wool, or other wool products, or deceptively, to make material disclos­ any installment contract or promissory as “commerce” and “wool product” are ure: § 13.1905 Terms and conditions. note or other instrument to be signed defined in the Wool Products Labeling (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret by any customer. Act of 1939, do forthwith cease and de­ or apply sec. 5, 38 Stat. 719; as amended; 15 6. Representing directly or by implica­ sist from misbranding wool products by: U.S.C. 45) [Cease and desist order, Allied tion that any price at which respondents’ A. Falsely or deceptively stamping, Enterprizes, Inc., et al., North Brentwood, merchandise is offered for sale is a tagging, labeling, or otherwise identify­ Md., Docket 8722, Apr. 11,1967] special introductory price or a reduced ing such products as to the character Order requiring a North Brentwood, price. or amount of constituent fibers included Md., distributor of home intercom and 7. Misrepresenting in any way the sav­ therein. fire detection or alarm systems to cease ings realized by purchasers of respond­ B. Failing to securely affix to, or place using deceptive referral and demonstra­ ents’ merchandise. on, each such product a stamp, tag, tion offers to obtain customer leads, mis­ 8. Falsely representing that any such label, or other means of identification representing that his prices are reduced merchandise or product is new to the showing in a clear and conspicuous man­ or special or will result in savings to cus­ market. ner each element of information required tomer, neglecting to disclose that promis­ By “Final Order” further order requir­ to be disclosed by section 4(a) (2) of the sory notes will be sold to a finance com­ ing report of compliance is as follows: Wool Products Labeling Act of 1939. pany, and falsely representing that his It is further ordered, That Allied It is further ordered, That the re­ products are new to the market. Enterprizes, Inc., a corporation, and spondents herein shall, within sixty (60) The order to ce,ase and desist, is as William Marion, individually, and as an days after service upon them of this or­ follows: officer of said corporation, shall, within der, file with the Commission a report It is ordered, That respondents Allied sixty (60) days after service of this in writing setting forth in detail the man­ Enterprizes, Inc., a corporation, and its order upon them, file with the Commis­ ner and form in whcih they have com­ officers, and William Marion, individu­ sion a report in writing, signed by each plied with this order. ally and as an officer of said corporation, respondent named in this order, setting and respondents’ agents, representatives, forth in detail the manner and form of Issued: April 17,1967. and employees, directly or through any their compliance with the order to cease By the Commission. corporate or other device, in connection and desist. [seal] J oseph W. S hea, with the offering for sale, sale or distri­ Issued: April 11,1967. bution of intercom, fire detection or Secretary. alarm systems, or any other merchandise, By the Commission. [F.R. Doc. 67-5024; Filed, May 4, 1967; 8:46 a.m.] in commerce, as “commerce” is defined [seal] J oseph W. Shea, in the Federal Trade Commission Act, do Secretary. forthwith cease and desist from: [Docket No. C—1193] 1. Utilizing any program or plan under [F.R. Doc. 67-5023; Filed, May 4, 1967; which the payment of money or other 8:46 a.m.] PART 13— PROHIBITED TRADE consideration to purchasers of respond­ PRACTICES ents’ products is contingent upon (1) the [Docket No. C—1196] referral of names by such purchasers to H. L. Whiting Co., et al. PART 13— PROHIBITED TRADE respondents or their agents, representa­ Subpart—Advertising falsely or mis­ tives or employees and (2) the sale or PRACTICES leadingly: § 13.30 Composition of goods: demonstration of respondents’ mer­ 13.30-100 Wool Products Labeling Act. chandise to such referrals. Dynamic Imports, Inc., and Dynamic Fashions, Inc. Subpart—Misbranding or mislabeling: 2- Using any sales plan, scheme, or § 13.1185 Composition: 13.1185-90 Wool device wherein false, misleading or de­ Subpart—Misbranding or mislabeling: Products Labeling Act; § 13.1212 Formal ceptive statements or representations § 13.1185 Composition: 13.1185-90 Wool regulatory and statutory requirements:

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6928 RULES AND REGULATIONS

13.1212-90 Wool Products Labeling Act. ner and form in which they have com­ 2. Failing to set forth the term “Dyed Subpart—Neglecting, unfairly or decep­ plied with this order. Broadtail-processed Lamb” in the man­ tively, to make material disclosure: Issued: April 11,1967. ner required where an election is made to § 13.1852 Formal regulatory and statu­ use that term instead of the words “Dyed tory requirements: 13.1852-80 Wool By the Commission. Lamb”. Products Labeling Act. [seal] J oseph W. Shea, B. Falsely or deceptively advertising (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Secretary. fur products through the use of any ad­ or apply sec. 5, 38 Stat. 719, as amended; [F.R. Doc. 67-5025; Piled, May 4, 1967; vertisement, representation, public an­ secs. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, 68) 8:46 a.m.] nouncement, or notice which is intended [Cease and desist order, H. L. Whiting Co. to aid, promote or assist, directly or in­ et al., Los Angeles, Calif., Docket C-1193, directly, in the sale, or offering for sale Apr. 11, 1967] [Docket No. C—1197] of fur products, and which: In the Matter of H. L. Whiting Co., a PART 13— PROHIBITED TRADE 1. Fails to set forth in words and Corporation, and Paul H. Blanton and figures plainly legible all the information Stanley W. Sharpe, Individually and as PRACTICES required to be disclosed by each of the Officers of Said Corporation Pick Galleries, Inc., and subsections of section 5(a) of the Fur Consent order requiring a Los Angeles, Harold R. Pick Products Labeling Act. Calif., clothing manufacturer to cease 2. Falsely or deceptively identifies any misrepresenting the fiber content of Subpart—Advertising falsely or mis­ such fur product as to the name or des­ leadingly: § 13.30 Composition of goods: ignation of the animal or animals that its wool products on labels and in 13.30-30 Fur Products Labeling Act; advertisements. produced the fur contained in the fur § 13.73 Formal regulatory and statutory product. The order to cease and desist, including requirements: 13.73-10 Fur Products 3. Falsely or deceptively identifies any further order requiring report of com­ Labeling Act; § 13.155 Prices: 13.155-50 such fur product as to the country of pliance therewith, is as follows: Forced or sacrifice sales; § 13.235 Source origin of the fur contained in such fur It is ordered, That respondents H. L. or origin: 13.235-60 Place: 13.235-60(e) product. Whiting Co., a corporation, and its offi­ Imported products or parts as domestic. 4. Fails to set forth the term “Broad­ cers, and Paul H. Blanton and Stanley Subpart—Invoicing products falsely: tail Lamb” in the manner required where W. Sharpe, individually and as officers § 13.1108 Invoicing products falsely: an election is made to use that term in­ of said corporation, and respondents’ 13.1108-45 Fur Products Labeling Act. stead of the word “Lamb”. representatives, agents, and employees, Subpart—Neglecting, unfairly or decep­ 5. Fails to set forth the term “Dyed directly or through any corporate or tively, to make material disclosure: Broadtail-processed Lamb” in the man­ other device, in connection with the in­ § 13.1845 Composition: 13.1845-30 Fur ner required where an election is made troduction, or manufacture for intro­ Products Labeling Act; § 13.1852 Formal to use that term instead of the words duction, into commerce, or the offering regulatory and statutory requirements: “Dyed Lamb”. for sale, sale, transportation, distribu­ 13.1852-35 Fur Products Labeling Act. 6. Fails to set forth the term “nat­ tion, delivery for shipment or shipment, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ural” as part of the information re­ in commerce, of wool products, as “com­ or apply sec. 5, 38 Stat. 719, as amended; sec. quired to be disclosed in advertisements merce” and “wool product” are defined 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and under the Fur Products Labeling Act in the Wool Products Labeling Act of desist order, Pick Galleries, Inc., et al., Win- and the rules and regulations promul­ 1939, do forthwith cease and desist from netka, 111., Docket C-1197, Apr. 18, 1967] gated thereunder to describe such fur misbranding such products by: Consent order requiring a Winnetka, products which are not pointed, bleached, 1. Falsely and deceptively stamping, 111., retailer and auctioneer of various dyed, tip-dyed, or otherwise artificially tagging, labeling, or otherwise identify­ commodities, including fur products, to colored. ing such products as to the character cease falsely invoicing and advertising 7. Misrepresents, directly or by im­ or amount of the constituent fibers con­ his fur products. plication, that any such fur products tained therein. The order to cease and desist, includ­ came from a particular source for the 2. Failing to securely affix to, or place ing further order requiring report of purpose of the sale. on, each such product a stamp, tag, label, compliance therewith, is as follows: 8. Misrepresents, directly or by im­ or other means of identification correct­ It is ordered, That respondents Pick plication, that any such fur products ly showing in a clear and conspicuous Galleries, Inc., a corporation, and its of­ were secured by respondents from a manner each element of information re­ ficers, and Harold R. Pick, individually source that is or was in financial or other quired to be disclosed by section 4(a) (2) and as an officer of said corporation, and distress. of the Wool Products Labeling Act of respondents’ representatives, agents, and It is further ordered, That the respond­ 1939. employees, directly or through any cor­ ents herein shall, within sixty (60) days It is further ordered, That respondents porate or other device, in connection with after service upon them of this order, file H. L. Whiting Co., a corporation, and its the introduction into commerce, or the with the Commission a report in writing officers, and Paul H. Blanton and Stanley sale, advertising or offering for sale in setting forth in detail the manner and W. Sharpe, individually and as officers of commerce, or the transportation or dis­ form in which they have complied with said corporation, and respondents’ rep­ tribution in commerce, of any fur prod­ this order. resentatives, agents and employees, di­ uct; or in connection with the sale, ad­ Issued: April 18,1967. rectly or through any corporate or other vertising, offering for sale, transporta-' device, in connection with the offering tion, or distribution, of any fur product By the Commission. for sale, sale or distribution of their prod­ which is made in whole or in part of fur [seal] J oseph W. Shea, ucts in commerce, as “commerce” is which has been shipped and received in Secretary. commerce, as the terms “commerce,” defined in the Federal Trade Commis­ [F.R. Doc. 67-5026; Filed, May 4, 1967; sion Act, do forthwith cease and desist “fur,” and “fur product” are defined in 8:46 a.m.] from misrepresenting the character or the Fur Products Labeling Act, do forth­ amount of constituent fibers contained with cease and desist from: in jackets or any other textile products A. Falsely or deceptively invoicing fur [Docket No, 0-1195] in advertisements or in any other products by: 1. Failing to furnish invoices, as the PART 13— PROHIBITED TRADE manner. PRACTICES It is further ordered, That the re­ term “invoice” is defined in the Fur Prod­ ucts Labeling Act, showing in words Raymond Lenobel spondents herein shall, within sixty (60) and figures plainly legible all the in­ days after service upon them of this formation required to be disclosed in Subpart—Advertising falsely or mis­ order, file with the Commission a report each of the subsections of section 5(b) leadingly: § 13.30 Composition of goods: in writing setting forth in detail the man­ (1) of the Fur Products Labeling Act. 13.30-30 Fur Products Labeling Act;

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6929

§ 13.73 Formal regulatory and statutory 5. Using the term “Appraisal Price” on PART 15— ADMINISTRATIVE requirements: 13.73-10 Pur Products labels, or terms of similar import or OPINIONS AND RULINGS Labeling Act; § 13.235 Source or origin: meaning, to represent the value of 13.235-60 Place: 13.235-60(e) Imported fur products being offered for sale, un­ Selling Merchandise by Lottery Meth­ products or parts as domestic. Subpart— less such evaluations and prices are based ods Condemned by Commission Misbranding or mislabeling: § 13.1185 upon authentic and bona fide appraisals of value by a qualified appraiser having § 15.123 Selling merchandise by lottery Composition: 13.1185-30 Pur Products methods condemned by Commission. Labeling Act; § 13.1212 Formal regu­ no pecuniary or other interest in the fur latory and statutory requirements: products. (a) The Commission issued an advis­ 13.1212-30 Fur Products Labeling Act; B. Falsely or deceptively advertising ory opinion in which it ruled that a pro­ § 13.1280 Price. Subpart—Neglecting, un­ fur products through the use of any ad­ posed plan calling for the sale of mer­ fairly or deceptively, to make material vertisement, representation, public an­ chandise by means of a lottery would be d is c lo s u r e : § 13.1845 Composition: nouncement, or notice which is intended contrary to the provisions of section 5 of 13.1845-30 Fur Products Labeling Act; to aid, promote, or assist, directly or the FTC Act. § 13.1852 Formal regulatory and statu­ indirectly, in the sale, or offering for sale tory requirements: 13.1852-35 Pur Prod­ of fur products, and which : (b) “Moreover,” the Commission said, ucts Labeling Act. 1. Fails to set forth in words and fig­ “the fact that the purchaser receives something of value for his consideration (Sec. 6 , 38 Stat. 721; 15 U.S.C. 46. Interpret ures plainly legible all the information or apply sec. 5, 38 Stat. 719, as amended; sec. required to be disclosed by each of the does not negate the existence of a 8 , 65 Stat. 179; 15 TJ.S.C. 45, 69f) [Cease and subsections of section 5(a) of the Fur lottery.” desist order, Raymond Lenobel, Chicago, 111., Products Labeling Act. (c) Under the terms of the proposed Docket G-1195, Apr. 17, 1967] 2. Falsely or deceptively identifies any Consent order requiring a Chicago, such fur product as to the name or des­ plan which was the subject of the advis­ 111., independent commission salesman ignation of the animal or animals that ory opinion, the promotion would con­ to cease misbranding and falsely adver­ produced the fur contained in the fur sist of a store display carton containing tising his fur products. product. 36 $1 plastic scale model kits, with a dif­ The order to ceafce and desist, includ­ 3. Falsely or deceptively identifies any ferent number to be marked on the end ing further order requiring report of fur products as to the country of origin of fur contained in such fur products. of each kit box. The display header compliance therewith, is as follows: would announce to prospective pur­ It is ordered, That respondent Ray­ 4. Fails to set forth the term “Broad­ mond Lenobel, an individual trading as tail Lamb” in the manner required where chasers they could win a $2 chrome Ray Lenobel, or under any other name, an election is made to use that term plated model if the number on the end of and respondent’s representatives, agents, instead of the word “Lamb”. the box corresponds with the number to and employees, directly or through any 5. Fails to set forth the term “Dyed be posted by the store manager in 4 Broadtail-processed Lamb” in the man­ corporate or other device, in connection weeks. with the introduction into commerce, or ner required where an election is made to the sale, advertising or offering for sale use that term instead of the words “Dyed (38 Stat. 717, as amended; 15 US.C. 41-58) Lamb”. in commerce, or the transportation or Issued: May 4,1967. distribution in commerce, of any fur 6. Fails to set forth the term “natural” product; or in connection with the sale, as part of the information required to be By direction of the Commission. advertising, offering for sale, transpor­ disclosed in advertisements under the tation, or distribution, of any fur prod­ Fur Products Labeling Act and the rules [ se a l ] J o s e p h W. S h e a , uct which is made in whole or in part and regulations promulgated thereunder Secretary. of fur which has been shipped and re­ to describe such fur products which are [F.R. Doc. 67-4958; Filed, May 4, 1967; ceived in commerce, as the terms “com­ not pointed, bleached, dyed, tip-dyed or 8:45 a.m .] merce,” “fur,” and “fur product” are de­ otherwise artificially colored. fined in the Pur Products Labeling Act, 7. Misrepresents, directly or by impli­ do forthwith cease and desist from; cation, that any such fur products came PART 15— ADMINISTRATIVE A. Misbranding fur products by: from a particular source for the purpose of the sale. OPINIONS AND RULINGS 1. Failing to affix labels to fur prod­ 8. Misrepresents, directly or by impli­ ucts showing in words and figures plainly cation, that any such fur products were Agricultural Cooperatives May Mar­ legible all the information required to secured by respondent from a source that ket Products Through Common be disclosed by each of the subsections is or was in financial or other distress. Sales Agent of section 4(2) of the Pur Products La­ 9. Misrepresents, directly or by impli­ beling Act. cation, that the fur products being of­ § 15.124 Agricultural cooperatives may 2. Failing to set forth the term “Dyed market their products through a fered for sale have been appraised as to common sales agent. Broadtail-processed Lamb” on labels in value by authentic and bona fide ap­ the manner required where an election is praisals made by a qualified appraiser (a) In an advisory opinion the Com­ made to use that term instead of the having no pecuniary or other interest in term “Dyed-Lamb”. mission stated that agricultural coop­ the fur product. eratives formed under pertinent pro­ 3. Failing to set forth the term “nat­ It is further ordered, That the respond­ ural” as part of the information required ent herein shall, within sixty (60) days visions of the Capper-Volstead Act may to be disclosed on labels under the Pur after service upon him of this order, file establish and market their member’s Products Labeling Act and the rules and with the Commission a report in writing products through a Common sales agent. regulations promulgated thereunder to setting forth in detail the manner and describe fur products which are not (b) Counsel for the requesting parties bleached, dyed, tip-dyed, or otherwise form in whi&i he has complied with this described his clients as cooperative as­ artificially colored. order. sociations of milk producers representing 4. Failing to set forth on labels the Issued: April 17,1967. some 361 farmers and dairymen who information required under section 4(2) By the Commission. produce about 2 million pounds of milk of the Pur Products Labeling Act and per month in excess of that consumed the rules and regulations promulgated [ se a l] J o s e p h W. S h e a , thereunder, in the sequence required by Secretary. in their trading area. Counsel said that Rule 30 of the aforesaid rules and [F.li. Doc. 67-5027; Filed, May 4, 1967; formation of the sales agency by his regulations. 8:46 a.m.] clients will enable them to dispose of this

No. 87- FEDERAl REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6930 RULES AND REGULATIONS

excess through bidding on Government 2. In § 0.164, substitute the figure (iii) Any seedless grapefruit grown in contracts to supply milk to military “$250,000” for the figure “$100,000” in Regulation Area I, which do not grade at bases in competition with milk now im­ both places where that figure appears. least U.S. No. 1 Golden; ported from other milk marketing areas 3. In § 0.165, substitute the figure ***** for that purpose. “$250,000” for the figure “$100,000.” (c) The Capper-Volstead Act (7 U.S.C. (Secs. 1-19, 48 Stat. 31, as amended; 7 USC 291, 292) permits persons engaged in Dated: April 28,1967. 601-674) agricultural pursuits to associate in the R a m s e y C l a r k , Dated, May 3, 1967, to become ef­ collective marketing of their products. Attorney General. fective May 5, 1967. Under its provisions cooperative associa­ [P.R. Doc. 67-5039; Piled, May 4, 1967; tions formed thereunder may make con­ 8:47 a.m.] P a u l A. N ic h o l s o n , tracts or agreements as will effect such Deputy Director, Fruit and Veg­ purpose, and they may have marketing etable Division, Consumer and agents in common. The Act has been Marketing Service. construed as a grant of immunity from [P.R. Doc. 67-5145; Plied, May 4, 1967; the antitrust laws insofar as collabora­ Title 7— AGRICULTURE 11:36 a.m.] tion among members of cooperative as­ Chapter IX— Consumer and Market­ sociations are concerned. This immunity ing Service (Marketing Agreements ends, however, at the point where they [Valencia Orange Reg. 200] act, either by themselves or with other and Orders; Fruits, Vegetables, persons or entities not in this category, Nuts), Department of Agriculture PART 908— V A L E N C IA ORANGES to restrain trade or otherwise eliminate [Grapefruit Reg. 64, Arndt. 1] GROWN IN ARIZONA AND DESIG­ competition at successive stages in the NATED PART OF CALIFORNIA marketing process. PART 905— ORANGES, GRAPEFRUIT, (d) In approving the formation of a TANGERINES, AND TANGELOS Limitation of Handling common sales agency by cooperative as­ GROWN IN FLORIDA sociations of milk producers to market Findings. (1) Pursuant to the market­ the products of their members the Com­ Limitation of Shipments ing agreement, as amended, and Order mission advised Counsel for the request­ Findings. (1) Pursuant to the market­ No. 908, as amended (7 CFR Part 908), ing parties that its action “is not to be ing agreement, as amended, and Order regulating the handling of Valencia construed as approval for any practice No. 905, as amended (7 CFR Part 905), oranges grown in Arizona and designated which may be predatory in nature, may regulating the handling of oranges, part of California, effective under the ap­ result in unlawful monopolization, may grapefruit, tangerines, and tangelos plicable provisions of the Agricultural restrain commerce to the extent that grown in Florida, effective under the Marketing Agreement Act of 1937, as milk prices are unduly enhanced thereby, applicable provisions of the Agricultural amended (7 U.S.C. 601-674), and upon nor to conspiracies or combinations be­ Marketing Agreement Act of 1937, as the basis of the recommendations and tween your” clients “and persons or en­ amended (7 U.S.C. 601-674), and upon information submitted by the Valen­ tities not in this category.” the basis of the recommendations of the cia Orange Administrative Committee, established under the said amended mar­ (38 Stat. 717, as amended; 15 U.S.C. 41-58) committees established under the afore­ said amended marketing agreement and keting agreement and order, and upon Issued; May 4,1967. order, and upon other available informa­ other available information, it is hereby found that the limitation of handling of By direction of the Commission. tion, it is hereby found that the limita­ tion of shipments of grapefruit, as here­ such Valencia oranges, as hereinafter [ se a l] J o s e p h W. ShEa, inafter provided, will tend to effectuate provided, will tend to effectuate the de­ Secretary. the declared policy of the act. clared policy of the act. [F.R. Doc. 67-4959; Piled, May 4, 1967; (2) It is hereby further found that it (2) It is hereby further found that it 8:45 a.m.] is impracticable, unnecessary, and con­ is impracticable and contrary to the pub­ trary to the public interest to give pre­ lic interest to give preliminary notice, en­ liminary notice, engage in public rule- gage in public rule-making procedure, making procedure, and postpone the and postpone the effective date of this Title 28— JUDICIAL effective date of this amendment until section until 30 days after publication 30 days after publication thereof in the thereof in the F ederal R e g is t e r (5 U.S.C. ADMINISTRATION F ederal R e g is t e r (5 U.S.C. 553) in that 553) because the time intervening be­ the time intervening between the date tween the date when information upon Chapter I— Department of Justice when information upon which this which this section is based became avail­ [Order No. 377-67] amendment is based became available able and the time when this section must and the time when this amendment must become effective in order to effectuate PART 0— ORGANIZATION OF THE become effective in order to effectuate DEPARTMENT OF JUSTICE the declared policy of the act is insuffi­ the declared policy of the act is insuffi­ cient; and this amendment relieves re­ cient, and this regulation relieves restric­ Subpart W— Authority to Compromise strictions on the handling of seedless tion on the handling of Valencia oranges and Close Civil Claims and Respon­ grapefruit grown in Regulation Area I grown in Arizona and designated part of sibility for Judgments, Fines, Penal­ of Florida. California. ties, and Forfeitures (a) Order. In § 905.489 (Grapefruit Regulation 64, 31 F.R. 15189) the provi­ § 908.500 Valencia Orange R egulation S e t t l e m e n t A u t h o r it y ; C h a n g e in sions of paragraph (a) (2) which precede 200. A m o u n t s subdivision (i) and subdivision (iii) are (a) Order. (1) Valencia Orange Reg­ By virtue of the authority vested in me amended to read as follows: by sections 509 and 510 of Title 28 and ulation 192 (32 FJt. 4527) is hereby ter­ section 301 of Title 5 of the United § 905.489 Grapefruit Regulation 64. minated at 12:01 a.m., P.s.t., May 7, 1967. States Code, Subpart W of Part 0 of (a) * * * (2) Valencia Orange Regulation 195 Chapter I of Title 28 of the Code of Fed­ (2) During the period December 29,(32 F.R. 5619) is hereby terminated at eral Regulations is hereby amended as 1966, through July 31, 1967, no handler 12:01 a.m., P.s.t., May 7,1967. follows: shall ship between the production area (3) During the period beginning at 1. In the first sentence of § 0.160, sub­ and any point outside thereof in the 12:01 a.m., P.s.t., May 7,1967, and ending stitute the figure “$250,000” for the contintenal United States, Canada, or figure “$100,000” in both places where Mexico: at 12:01 a.m„ P.s.t., January 31, 1968, no that figure appears. * * * * * handler shall handle:

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6931

(i) Any Valencia oranges grown in A u t h o r it y : The provisions of §§ 577.80 to (2) A provision for review and, if 577.84 issued under sec. 3012, 70A Stat. 157; necessary, an adjustment of payments District 1, District 2, or District 3 which 10 U.S.C. 3012. Interpret or apply secs. 1071- are of a size smaller than 2.20 inches in for administrative overhead charges not 1085, 72 Stat. 1445-1450, as amended; 10 later than 120 days after the close of each diameter, which shall be the largest U.S.C. 1071-1085. measurement at a right angle to a year the plan or plans are in effect. straight line running from stem to the § 577.80 Purpose. (3) Determination of administrative responsibilities of the contractors and blossom end of the fruit: Provided, That Sections 577.80-577.84 established pol­ methods of determining administrative not to exceed 5 percent, by count, of the icies and procedures on fiscal aspects of costs. oranges in any type of container may medical care for eligible beneficiaries of (4) Adequate billing procedures cover­ measure smaller than 2.20 inches in all of the uniformed services in accord­ ing bills transmitted from civilian sources diameter; or ance with the Dependents’ Medical Care of health benefits through the contractor (ii) Any Valencia oranges grown in Act (Title 10, United States Code, secs. to the Government. These procedures District 1, District 2, or District 3 which 1079-1087), as amended by the Military will make each contractor responsible are of a size larger than 3.50 inches in Medical Benefits Amendments of 1966 for paying civilian sources for authorized diameter, which shall be the largest (Public Law 89-614). It is to be used in health benefits furnished in his contract measurement at a right angle to a conjunction with §§ 577.60-577.70 which area in accordance with the contract straight line running from stem to the state the basic policies on uniformed terms. blossom end of the fruit: Provided, That services health benefits. (5) Procedures for payment by physi­ not to exceed 10 percent, by count, of the § 577.81 Health benefits provided from cian contractors of claims for reimburse­ oranges in any type of container may civilian sources. ment submitted by dependents or their measure larger than 3.50 inches in (a) Within the United States and sponsors and by retired members where diameter. Puerto Rico, payment for authorized the patient has paid the entire charge (4) As used in this section, “handle,”health benefits received from civilian for health benefits. “handler,” “District 1,” “District 2,” and sources by eligible beneficiaries normally (6) Procedures for assuring that the “District 3” shall have the same meaning is provided through contractual ar­ beneficiary does not pay more than the as when used in the said amended mar­ rangements with civilian agencies. This amounts prescribed under the cost-shar­ keting agreement and order. portion of the Uniformed Services ing formula contained in § 577.65 (i) (1). (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Health Benefits Program is administered (7) Provision that the contractor shall 601-674) by the Executive Director, Office for the have detailed responsibility for resolving medical disputes through local grievance Dated: May 2,1967. Civilian Health and Medical Program of the Uniformed Services, Office of The committees com posed of civilian P a u l A. N ic h o l s o n , Surgeon General, Department of the physicians. Deputy Director, Fruit and Veg­ Army, Denver, Colo. 80240 (hereinafter (8) Such other specific contractual etable Division, Consumer and referred to as the Executive Director). instructions as are required. Marketing Service. The Executive Director also administers (b) The responsibilities of the Execu­ [F.R. Doc. 67-5038; PUed, May 4, 1967; health benefits received from civilian tive Director with respect to contract ad­ 8:47 am.] sources by eligible beneficiaries in Can­ ministration include but are not limited ada and Mexico through direct payment to the following: (1) Liaison a c t i v i t i e s with the to the sources of care. contractors. Chapter XIV— Commodity Credit Cor­ (b) The Secretary of the Army, as poration, Department of Agriculture (2) Payment of bills. Executive Agent, is responsible for pro­ (3) The development of any budgetary SUBCHAPTER C— EXPORT PROGRAMS viding for personnel, space, equipment, information required by the uniformed [Rev. m , Amdt. 14] facilities and supplies, including related services. budgeting, funding, administrative con­ (4) Preparation of such statistical in­ PART 1483— WHEAT AND FLOUR trol of funds, facility control, training, formation as may be necessary includ­ manpower control and utilization, per­ Payment Terms and Financial ing that for the annual report of the Sec­ sonnel administration, security adminis­ retary of Defense to the Congress. Arrangements tration, and other administrative support (5) Responsibility for processing com­ Correction necessary to operate the Office for the plaints with reference to civilian health Civilian Health and Medical Program of benefits arising within his area of In F.R. Doc. 67-4407, appearing at page the Uniformed Services. 6257 of the issue for Friday, April 21, responsibility. (c) Outside the United States, Puerto (c) The Executive Director’s responsi­ 1967, the words reading “slight draft” in Rico, Canada, and Mexico, direct pay­ bility does not include as a matter of § 1483.158(a) (3) should read “sight ment is made to sources of civilian care routine, a detailed supervision of civilian draft”. in accordance with the directives of the medical procedures or a detailed inspec­ individual services. tion of civilian medical facilities. § 577.82 Contracts. (d) Contract audits will be conducted by the Defense Contract Audit Agency Title 32— NATIONAL DEFENSE In the United States and Puerto Rico, at the site where the contractor main­ payments for authorized health benefits tains records. Reports of audit will be Chapter V— Department of the Army from civilian sources furnished eligible forwarded to the Executive Director for beneficiaries of all of the uniformed serv­ appropriate action. SUBCHAPTER F^-PERSONNEL ices will be provided by contractual PART 577— MEDICAL AND DENTAL arrangements between the Executive Di­ § 577.83 Payments. ATTENDANCE rector and appropriate civilian agencies, (a) Claim forms. Forms for submitting where practicable. Payments for author­ claims for the various types of services Fiscal Policies Pertaining to ized health benefits provided eligible authorized under the program are de­ Dependents’ Medical Care beneficiaries in Canada and Mexico will scribed in §§ 577.60—577.70. be made by the Executive Director. Sections 577.80—577.84 are revised to (b) Payment to civilian health bene­ read as follows: (a) Contracts will include but are notfits sources in the United States, Puerto limited to the following: Rico, Canada, and Mexico. (1) Payment Sec. (1) Local schedules of allowances for to civilian sources of health benefits in 577.80 Purpose. the United States and Puerto Rico will 577.81 Health benefits provided from civil­ physicians and professional fee schedules ian sources. for drugs to be used as a guide in full be made by the appropriate contractor 577.82 Contracts. payment of bills presented by these upon receipt of a properly documented 677.83 Payments. civilian sources of health benefits where claim form. (These forms will be made 577.84 Claims for reimbursement. such schedules are applicable. available to contractors for distribution

FEDERAL REGISTER, VOL. 32, NO. 87—-FRIDAY, MAY 5, 1967 6932 RULES AND REGULATIONS

to civilian sources of care through Adju­ U.S.C. App. 2251-2297; Reorganization Plan Part 7 of Title 36 of the Code of Fed­ tant General Publications Centers.) No. 1 of 1958, as amended, 72 Stat. 1799-1801, 23 F.R. 4991; Executive Order 10952 of July eral Regulations is hereby amended by (2) Where authorized health benefits 20, 1961, as amended,.26 F.R. 6577; Delega­ the addition of the following note, imme­ are provided to eligible beneficiaries by tion of Authority Regarding Civil Defense diately following the citation of an! civilian sources in Canada and Mexico Functions and Establishment of the Office thority: or by civilian sources in the United States of Civil Defense, published April 10, 1964, 29 N o t e : F .R .5017) and Puerto Rico not subject to contract A lphabetical L is t in g procedures, claim forms will be submit­ Effective date. This amendment shall ted to the Executive Director for pay­ Acadia National Park, Maine______7 55 ment. be effective upon publication in the Big Bend National Park, Tex______7 44 F ederal R e g is t e r . Blue Ridge Parkway, Va.-N.C______7 34 (c) Payment to civilian sources of J o s e p h R o m m , Buck Island Reef National Monument, health benefits outside the United States, Acting Director of Civil Defense. Virgin Islands______7 7, Puerto Rico, Canada, and Mexico. Pay­ Cape Cod National Seashore, Mass.. 7 ' 67 ment will be made to civilian sources [F.R. Doc. 67-4957; Filed, May 4, 1967; Cape Hatteras National Seashore, N.C. 7 ! 58 furnishing authorized health benefits to 8:45 a.m .] Carlsbad Caverns National Park, N. eligible beneficiaries in accordance with Mex------7 47 Catoctin Mountain Park, Md_____ 7 ' 24 regulations of the individual services. Colonial National Historical Park, Va_ 7 ! 10 Payment may be direct or through con­ Title 36— PARKS, FORESTS, Crater Lake National Park, Oreg___ 7 ’ 20 tractual arrangements. DA Forms 1863-1 Death Valley National Monument, (Hospital) “Services By Civilian Hos­ C alif------7 26 pitals, Private Nurses, Anesthetists, Phys­ AND MEMORIALS Dinosaur National Monument, Utah- ical Therapists—Medicare” and 1863-2 Chapter I— National Park Service, C o lo ______7 02 (Physician) “Services By Civilian Phy­ Everglades National Park, Fla_____ 7 .4 5 Department of the Interior Fort Caroline National Memorial, Fla. 7. 61 sicians and Dentists—Medicare” will be Fort Jefferson National Monument, requisitioned through established forms PART 7— SPECIAL REGULATIONS F la______7 27 requisitioning channels of the uniformed Miscellaneous Amendments Fredericksburg and Spotsylvania Coun­ service concern. Copies of the claim form ty Battlefields Memorial National will be used to support the payment Notice is hereby given that pursuant Military Park, Va______7 ,6 4 vouchers, Standard Form 1034 (Public to the authority contained in section 3 Glacier National Park, Mont______7 ,3 0 Voucher for Purchases and Services of the Act of August 25, 1916 (39 Stat. Glen Canyon Recreation Area, Ariz.- U ta h ______7 70 Other Than Personal) except that in 535; 16 U.S.C. 3), 245 DM-1 (27 F.R. Grand Canyon National Park, A riz... 7.40 instances where this form is not readily 6395), as amended, Part 7 of Title 36 of Grand Canyon National Monument, obtainable, the payment voucher will be the Code of Federal Regulations is Ariz------;...... 7 . 6O supported by an invoice from the source amended as set forth below. The purpose Grand Teton National Park, Wyo___ 7,22 of civilian benefits which will clearly of these amendments is to revoke regu­ Great Smoky Mountains National Park, reflect the data required by the claim lations which are no longer necessary N.C.-Tenn______7 .1 4 form. because they are duplicated by regula­ Guilford Courthouse National Mili­ tary Park, N.C______7 .2 1 § 577.84 Claims for reimbursement. tions contained in Parts 1 through 6 of Hawaii Volcanoes National Park, this chapter, or for other reasons, and H aw aii______7 .2 5 The individual should not pay for ci­ to provide a convenient index to the Hopewell Village National Historic Site, vilian health benefits authorized at Gov­ special regulations contained in this P a ...... 7.40 ernment expense except for that portion part. Hot Springs National Park, Ark___ 7 .18 which is his responsibility. However, in Since these amendments will not im­ Isle Royale National Park, Mich____ 7.38 cases where an eligible beneficiary re­ pose any additional restrictions on the Katmai National Monument, Alaska. 7.46 ceived authorized civilian health benefits public and in some instances will remove Lake Mead National Recreation Area, and the sponsor or patient paid the com­ Ariz.-Nev______7 .4 8 existing restrictions, public comment Lassen Volcanic National Park, Calif_7.11 plete charge for such benefits, reimburse­ thereon is deemed to be unnecessary and Mammoth Cave National Park, Ky___ 7.36 ment may be made for that portion of these amendments shall take effect upon Mesa Verde National Park, Colo____ 7.39 the charge for which the Government is publication in the F ederal R e g is t e r . Mount McKinley National Park, responsible. Procedures for the submis­ Alaska ______7.44 sion of claims for reimbursement are (5 TJ.S.C. 553; 39 S ta t. 535; 16 U.S.C.-3) Mount Rainier National Park, Wash. 7.50 outlined in §§ 577.60-577.70. G eorge B. H artzog, Jr., Muir Woods National Monument, Director, National Park Service. C alif______7 . 6O K e n n e t h G. W ic k h a m , Natchez Trace Parkway, Miss.-Tenn.- Major General, U.S. Army, A p r il 24,1967. Ala ______7.43 The Adjutant General. Olympic National Park, W ash...... 7.28 Part 7 of Title 36 of the Code of Fed­ Oregon Caves National Monument, [F.R. Doc. 67-5014; Filed, May 4, 1967; eral Regulations is hereby amended by Oreg ------7. 49 8:45 a.m .] revoking all of the following sections Padre Island National Seashore, Tex. 7.75 in their entirety: - Pipestone National Monument, Minn. 7.42 Sec. ^ Platt National Park, Okla______7.17 Chapter XVIII— Office of Civil Defense, 7.12 Kennesaw Mountain National Battle­ Rocky Mountain National Park, Colo. 7.70 Office of the Secretary of the Army field Park. Russell Cave National Monument, 7.19 Morristown National Historical Park. A la ______7.6 8 PART 1810— CIVIL DEFENSE IDENTIFI­ 7.20 Moores Creek National Military Park. Sequoia-Kings Canyon National Parks, CATION FOR FEDERAL EMPLOYEES, 7.23 George Washington Birthplace National C alif______7.80 RESERVISTS AND NON-FEDERAL M o n u m en t. Shenandoah National Park, Va."___ 7.15 7.29 Bandelier National Monument. Shiloh National Military Park, Tenn_7.90 SUPPORT PERSONNEL 7.30 Bryce Canyon National Park. 7.32 Ocmulgee National Monument. Vanderbilt Mansion National Historic Issuance Authority; Department of 7.33 Statue of Liberty National Monument. Site, N.T______7.31 Transportation 7.35 Gettysburg National Military Park. Virgin Islands National Park, Virgin 7.37 Timpanogos Cave National Monument. Islands______'______7.74 Paragraph (a) of § 1810.4 is amended 7.50 Theodore Roosevelt National Memorial Wright Brothers National Memorial, by adding to the list of departments, P ark. N.C ______7.76 agencies, and Federal officials therein 7.51 Vicksburg National Military Park. Yellowstone National Park, Wyo.- authorized to issue identification cards, 7.52 Devils Tower National Monument. Mont.-Idaho______;______7.13 in proper alphabetical sequence, the 7.53 Scotts Bluff National Monument. Yosemite National Park, Calif__ . . . . 7.16 7.54 Colorado National Monument. name “Department of Transportation”. 7.56 Petersburg National Military Park. Zion National Park, Utah______7 .10 (Secs. 201, 204, 401, Federal Civil Defense Act 7.59 Wind Cave National Park. [F.R. Doc. 67-5028; Filed, May 4, 1967; of 1950, as amended, 64 Stat. 1245-1257, 50 7.62 Fort Sumter National Monument. 8:46 a.m .]

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6933

Chapter III— Corps of Engineers, adjacent to the larger frequency band December 1955. The EIA petition is ad­ 1540-1060 Mc/s, it might be interpreted dressed to a further time extension of Department of the Army that radio altimeters are permitted in this temporary increase. pART 311— PUBLIC USE OF CERTAIN that entire band, which is not the case. 3. Notice is hereby given, that to per­ RESERVOIR AREAS To eliminate this ambiguity, footnote mit orderly consideration of said peti­ US39 is herein revised to clearly stipu­ tion, RM-1134: It is ordered, That, pur­ Connecticut and Massachusetts late which portion of the band 1540 to suant to authority in sections 4(i) and The Secretary of the Army having 1660 Mc/s may be used in radio altimeter 303 (r) of the Communications Act of determined that the use of the following applications. 1934 as amended the date April 30, 1967, reservoir areas by the general public for 3. Inasmuch as the amendments in § 15.63(c) of Part 15 of our rules, is boating, swimming, bathing, fishing, and adopted herein are purely editorial in extended until July 31,1967. other recreational purposes will not be nature, the prior public notice and effec­ (Secs. 4, 303 , 48 Stat., as amended 1066, 1082; contrary to the public interest and will tive date provisions of section 4 of the 47 U.S.C. 154, 303) not be inconsistent with the operation Administrative Procedures Act are not applicable. Adopted: May 1,1967. and maintenance of the reservoirs for 4. Authority for this action is con­ their primary purposes, hereby prescribes Released: May 2,1967. rules and regulations for their public use, tained in sections 4(i), 5(d) (1), and 303 (r) of the Communications Act of 1934, pursuant to the provisions of section 4 F ederal Communications as amended, and in § 0.261(a) of the of the Flood Control Act of 1944 (76 Stat. Commission’s rules. Commission,1 1195), adding the reservoirs to those [ seal] B en F. Waple, 5. In view of the foregoing: It is Secretary. listed in § 311.1, as follows: ordered, That, effective May 8, 1967, Part § 311.1- Areas covered. 2 of the Commission’s rules is amended [F.R. Doc. 67-5044; Filed, May 4, 1967; ***** as set forth below. 8:48 a.m.] Connecticut (Secs. 4, 5, 303, 48 Stat., as amended, 1066, ***** 1068,1082; 47 U.S.C. 154, 155, 303) [Docket No. 17084; FCC 67-500] Colebrook Reservoir area, West Branch, Adopted: May 1,1967. Farmington River. Hop Brook R eservoir area, H op Brook. Released: May 2,1907. PART 81— STATIONS ON LAND IN Hancock Branch Reservoir area, Hancock THE MARITIME SERVICES Brook. F ederal Communications Northfield Brook Reservoir area, Northfleld Commission, PART 85— PUBLIC FIXED STATIONS Brook. [seal] B en F. W aple, West Thompson Reservoir area, Quinebaug Secretary. AND STATIONS OF M A R ITIM E River. SERVICES IN ALASKA ***** In Part 2 of Chapter I of Title 47 of the Code of Federal Regulations, footnote Massachusetts US39 to the Table of Frequency Alloca­ Marine Control, Marine Repeater, and ***** tions, § 2.106, is amended to read as Marine Relay Stations Conant Brook Reservoir area, Conant Brook. follows : In the matter of amendment of Parts ***** U.S. F o o t n o t e s 81 and 85 to change the rules concerning [Regs., A pril 20, 1967, ENGOW -OM ] (Sec. 4, ***** certain marine control, marine repeater, 58 Stat. 889, as amended; 16 U.S.C. 460d) US39 Within the band 1540-1660 Mc/s, and marine relay stations, Docket No. K e n n e t h G. W ic k h a m , radio altimeters are permitted to use only the 17084. Major General, U.S. Army, portion 1600-1660 Mc/s and then only until such time as international standardization of 1. On January 6,1967, the Commission The Adjutant General. other aeronautical radionavigation systems issued a notice of proposed rule making [F.R. Doc. 67-5015; P iled, M ay 4, 1967; or devices requires thé discontinuance of in the subject docket (FCC 67-10; 32 8:45 a m .] radio altimeters in this band. F.R. 332). RCA Communications, Inc. ***** (RCAC), filed a comment in the subject [F.R. Doc. 67-5043; Filed, May 4, 1967; proceeding. After close of the comment Title 47— TELECOMMUNICATION 8:48 a.m.] period, a comment was received from ------» California Citizens Band Association, Chapter I— Federal Communications [FCC 67-523] Commission Inc. (California). Although California’s PART 15— EXPERIMENTAL RADIO comment was filed late, it is considered PART 2— FREQUENCY ALLOCATIONS SERVICES relevant to the proceeding and has been AND RADIO TREATY MATTERS; taken into account. No reply comments Radiation Interference Limits GENERAL RULES AND REGULA­ were filed. TIONS 1. The Electronic Industries Associa­ 2. RCAC’s comment concerns the re­ tion has submitted a petition, RM-1134, quirement in the proposal that transmit­ Table of Frequency Allocations requesting that § 15.63(c) be amended In the matter of amendment of Part to extend the expiration date for the ters authorized in an operational fixed 2 of the Commission’s rules and regula­ temporary limit of 1000 uV/m for radia­ station license for operation on frequen­ tions to revise footnote US39 to the Table tion in the band 470-1000 Mc/s from cies in the 72-76 Mc/s band be type ac­ of Frequency Allocations to remove an television receivers from April 30, 1967, cepted. RCAC’s interest in this aspect of ambiguity concerning the frequencies to to April 30, 1969. The petition was put the proposal stems from the fact that it which that footnote Applies. on public notice on April 21,1967, pursu­ has transmitters which are not type ac­ 1. The Commission has before it the ant to § 1.405 of Part 1 of our rules and desirability of amending Part 2 of its a waiting period of 30 days must ensue, cepted in its operational fixed station, rules and regulations to clarify the ex­ so that action on this petition cannot be call sign KCB-86, at Chatham, Mass. In tent to which footnote US39 of the Table taken prior to the expiration of said its comment, RCAC states that it is eval­ of Frequency Allocations applies to fre­ temporary 1000 uV/m limit. uating type accepted transmitters in quencies in the band 1540-1660 Mc/s. 2. Part 15 requires that radiation in order to expedite procurement in the the band 470-1000 Mc/s from receivers 2. Footnote US39 is intended to permit event the proposed rule is adopted. the interim use of radio altimeters in shall be limited to 500 uV/m at 100 feet. the band 1600-1060 Mc/s. However, since For television receivers this limit has the footnote indicator, US39, in the been temporarily increased to 1000 uV/m 1 Commissioners Wadsworth and Johnson Table of Frequency Allocations appears since the receiver rules were adopted in absent.

FEDERAL REGISTER,. VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6934 RULES AND REGULATIONS

RCAC requests that the subject type ac­ June 5,1967, Parts 81 and 85 of the Com­ Tolerance—parts ceptance requirement not become effec­ mission’s rules are amended as set forth in 10° unless shown tive until 1 year after the rules are below. Frequency or fre- as cycles per quency ranges second (c/s) adopted so that there will be sufficient 6. It is further ordered, That this pro­(1) From onnn 2000 4«to oo2850 c a kc/s:lr/» /« • tMarine _ . time to acquire and install type accepted ceeding is terminated. fixed stations and marine re­ transmitters, and to provide for any de­ (Secs., 4, 303, 48 Stat., as amended 1066, 1082; ceiver-test stations: lays that may be encountered, RCAC’s 47 U.S.C. 154, 303) For other than A3A, A3H, and request for time in which to complete the A3J emissions______50 changeover to type accepted equipment Adopted: April 26, 1967. For A3A, A3H, and A3J emis­ is reasonable and the public interest Released: April-28, 1967. s io n s ------20 c/s would be served by incorporating into (2) (i) 72.0-73.0 Mc/s and 75.4-76.0 F ederal Communications M c/s ______5 the rules herein amended a provision (ii) 73.0-74.6 M c /s______” 50 which will not require type accepted Commission,1 [seal] B en F. W aple, (3 ) 100-200 Mc/s: Marine receiver-test transmitters for the subject operational , Secretary. s t a ti o n s ______20 fixed stations until 1 year after the adop­ * * * * -mf * tion date of these rules. Nontype ac­ Part 81 is amended as follows: cepted transmitters licensed during this 1. Section 81.111 is amended by delet­ 3. Section 81.132(a) (4) is amended to time interval would be granted license ing paragraphs (e) and (f); and by add­ read as follows:* terms which coincide with the change­ ing new paragraphs (e), (f), (g), and § 81 .1 3 2 Authorized classes o f emission, over date. (h ): (a) * * * 3. The comment from the California § 81.111 Modulation requirements. (4) Operational fixed stations: Citizens Band Association states that the * * * * * use of the frequency 27.255 Mc/s by op­ 72 to 76 M c/s------A l, A2, A3, F I, F2, and F3. erational fixed stations would cause in­ (e) Except as provided in paragraph * * * * * tolerable interference to licensees of (f) of this section, each radiotelephone 4. In § 81.133, the headnote and text Class D radio stations in the Citizens transmitter licensed by the Commission are amended to read: Radio Service. Further, California states for use of F3 or A3 emission in a coast, marine fixed, operational fixed or ma­ § 81.133 Authorized bandwidth and fre­ that- not many operational fixed stations quency deviation. subject to Part 81 would want to use rine utility station on shore shall be pro­ 27.255 Mc/s because of interference from vided with a device which automatically (a) Unless otherwise specified in the stations in the Citizens Radio Service. prevents modulation in excess of 100 station license, stations shall use band- California also believes that users in percent. widths not exceeding those set forth in Alaska are likely to experience great dif­ (f) A modulation limiter as prescribed this paragraph for the respective classes ficulty in using the frequency 27.255 Mc/s. in paragraph (e) of this section is not of emission authorized in § 81.132. The frequency 27.255 Mc/s was made required in the following stations or available in December 1954, to licensees transmitters: Emission Authorized of stations on land in the maritime (1) Stations authorized for develop­ Class of emission designator bandwidth service who needed frequencies for mental operation; (kc/s) auxiliary operations such as are provided (2) Transmitters of plate input power A l______0.16A1...... 0.224 by operational fixed stations. However, of 3 watts or less when used in marine A2...... ______2.66A2...... 2.724 no users in the maritime service have utility stations or other stations of a A 3______6 A3...... 8.0 A3A______2.8A3A...... 3.5 ever made application for the frequency. portable nature ; A 3B...... 5.6A3B...... 7.0 In the light of this fact and the fact that (3) Transmitters using frequencies in A 3H ...... 2.8A3H...... 3.5 27.255 Mc/s is being used in the Citizens A 3J-...... 2.8A3J...... 3.5 the band 73.0-74.6 Mc/s in operational F 3 -...... 16F3»...... K 120.0 Radio Service, it appears that no pur­ fixed stations authorized on December Jo 36F3 2...... 2 40.0 pose is being served by continuing the 1, 1961, which were first authorized or PO_ _ (2) ...... / 0 availability of the frequency in Part 81. installed prior to July 1, 1950. Likewise, the frequency will not be added 1 Applicable when maximum authorized frequency (g) Single sideband and independent deviation is 5 kc/s. See paragraph (c) of this section, to Part 85. In view of the fact that the sideband transmitters shall automati­ 2 Applicable when maximum authorized frequency deletion of 27.255 Mc/s from Part 81 is deviation is 15 kc/s. See paragraph (c) of this section. cally limit the peak envelope power to 2 Variable. of minor effect, it may be accomplished thq authorized transmitter power. by this order. (h) Each transmitter operated in the (b) Bandwidths in excess of those 4. The purpose of the amendments is bands 72.0-73.0 and 75.4-76.0 Mc/s shall listed in paragraph (a) of this section, or threefold. First, to include in Part 81 the be equipped with an audio low pass filter. bandwidths for other classes of emissions, frequencies in the 72-76 Mc/s band made The audio low pass filter shall be in­ may be authorized upon a satisfactory available in Docket No. 14785 to certain stalled between the modulation limiter showing of need therefor. An applica­ operational fixed stations associated with and the modulated stage, and, at audio tion requesting such special authoriza­ the maritime mobile service. By the rule frequencies between 3 kc/s and 15 kc/s, tion shall fully describe the emission amendments in Docket No. 14785, chan­ shall have an attenuation greater than desired and the required bandwidth, and nels in the 72-76 Mc/s band were split the attenuation at 1 kc/s by at least 40 shall state the purpose for which such and frequency deviation was reduced for logio (f/3) decibels where “f” is the audio emission and bandwidth is proposed. operational fixed stations in various ra­ frequency in kilocycles. At audio fre­ (c) For F3 emission the maximum au­ dio services. Second, these amendments quencies above 15 kc/s, the attenuation thorized frequency deviation is as fol­ will make operational fixed stations us­ shall be at least 28 decibels greater than lows: ing frequencies in the 72-76 Mc/s band the attenuation at 1 kc/s. (1) 5 kc/s within the bands 72.0-73.0 available for licensing to applicants on a and 75.4-76.0 Mc/s; and regular basis, rather than on a develop­ 2. Section 81.131(d) is amended to (2) 15 kc/s for stations which were au­ mental basis as heretofore. Third, these read as follows: thorized for operation on December 1, amendments add operational fixed sta­ § 81.131 Authorized frequency toler­ 1961, in the frequency band 73.0- 74.6 tions to the Alaskan rules, Part 85, with ance. Mc/s; and the same requirements and conditions as * ♦ * * * (3) 15 kc/s for stations operating in apply to operational fixed stations sub­ the frequency band 156-174 Mc/s. ject to Part 81. (d) Authorized frequency tolerances 5. It is ordered, Pursuant to the au­ for stations in the maritime fixed serv­ 5. Section 81.134(f) is amended to read thority contained in sections 303, (b), ices: as follows: (c), (e), and (r) of the Communications § 81.134 Transmitter power. Act of 1934, as amended, that effective 1 Commissioner Lee absent. *• * * • *

FEDERAL REGISTER, VOL. 32. NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6935

(f) For operational fixed stations us­Mc/s hand must submit the following Channel 4 or 5, that might develop, by ing frequencies within the band 72 to 76 showings: whatever means are found necessary, Mc/s, and for other classes of stations (a) That he is the licensee of a coast within 90 days of the time knowledge of subject to this part operating on fre­ station; said interference is first brought to his quencies above 174 Mc/s, transmitter (b) The specific need for the station; attention by the Commission. If said power shall be as specified in the respec­ and interference is not cleared up within the tive station authorization. (c) That other telecommunications 90-day period, operation of the fixed facilities either are not available or will 6. Section 81.137 is amended by adding not provide effective results. station will be discontinued. a n e w paragraph (c) as follows: (6) Vertical polarization must be used. § 81.603 Frequencies available to oper­ § 81.137 Transmitters required to be (7) Whenever it is proposed to locate ational fixed stations. type accepted for licensing. a 72-76 Mc/s fixed station less than 80, ***** (a) The following frequencies in the but more than 10 miles from the site (c) On and after April 26, 1968, each 72-76 Mc/s band may be assigned to of a TV transmitter operating on either transmitter authorized in an operational operational fixed stations: Channel 4 or 5, or from the post office fixed station license for operation on fre­ Mc/s Mc/s Mc/s Mc/s of a community in which such channels quencies are assigned but are not in operation, in the 72-76 Mc/s band (other 72.02 i 72.361 72.80 75.66 than transmitters solely for develop­ 72.041 72.381 72.82 75.68 the fixed station shall be authorized only mental stations) must be type accepted 72.06 1 72.401 72.84 75.70 if there are fewer than 100 family by the Commission. 72.08 1 72.42 72.86 75.72 72.10 1 72.46 72.88 75.74 dwelling units (as defined by the U.S. §§ 81.481—81.486 [Deleted] 72.12 1 72.50 72.90 75.76 Bureau of Census) located within a 7. In Subpart L of Part 81, delete 72.141 72.54 72.92 75.78 circle centered at the location of the 72.16 1 72.58 72.94 75.80 §§81.481-81.486, inclusive. 72.18 1 72.62 72.96 75.82 proposed fixed station (family dwelling 8. Add a new Subpart P to Part 81 as 72.201 72.64 72.98 75.84 units 70 or more miles distant from the follows: 72.22 1 72.66 75.42 75.86 TV antenna site are not to be counted) 72.241 72.68 75.46 75.88 Sec. 72.261 72.70 75.50 75.90 the radius of which shall be determined 81.601 Service authorized. 72.281 72.72 75.54 75.92 by use of the chart entitled, “Chart for 81.602 Eligibility requirements. 72.30 1 72.74 75.58 75.94 Determining Radius from Fixed Station 81.603 Frequencies available to operational 72.32 1 72.76 75.62 75.96 fixed stations. 72.341 72.78 75.64 75.98 in 72-76 Mc/s Band to Interference 81.604 Technical requirements. 1 These frequencies are available on a Contour Along Which 10 Percent of Au t h o r it y : The provisions of this Subpart shared basis with the Manufacturers Radio Service From Adjacent Channel Tele­ P issued under secs. 4, 303, 48 Stat., as Service. amended 1066, 1082; 47 U.S.G. 154, 303. vision Station Would Be Destroyed.” Two charts are provided, one for Chan­ Subpart P— Certain Operational Fixed (b) The frequencies listed in para­ graph (a) of this section are assign­ nel 4 and one for Channel 5. The Stations Associated With the Mari­ Commission may, however, in a particu­ time Mobile Service able under the following conditions: (1) In any area in the United States lar case, authorize the location of a § 81.601 Service authorized. (including Alaska) a maximum of four fixed station within a circle as deter­ Operational fixed stations associated frequencies may be assigned to opera­ mined above containing 100 or more with the maritime mobile service consist tional fixed stations. family dwelling units upon a showing of marine control stations, marine re­ (2) All authorizations are subject to that: peater stations, and marine relay sta­ the condition that no harmful inter­ (i) The proposed site is the only tions which are authorized for service as ference shall be caused to the service suitable location. follows: of existing and previously authorized (ii) It is not feasible, technically or (a) Marine control stations: to trans­ operational fixed stations. otherwise, to use other available mit exclusively to the particular coast (3) If the Commission finds that the frequencies. station whose operation or emission is the public interest, convenience, or (iii) The applicant has a plan to being controlled. necessity would be served thereby, control any interference that might (b) M a r in e repeater stations: to licensees of operational fixed stations develop to TV reception from his transmit exclusively to other authorized authorized to operate on one or more of operations. marine repeater stations, or to desig­ the frequencies specified in paragraph (iv) The applicant is financially able nated radio receiving locations to which (a) of this section shall be required to and agrees to make such adjustments in the respective transmitted communica­ share, on a coordinated noninterference the TV receivers affected as may be tion is addressed, or to an authorized basis, the use of their respective fre­ necessary to eliminate interference message center at a designated fixed loca­ quency assignments with other licensees caused by his operations. tion. using the same frequencies. (8) All applications for authority to (c) Marine relay stations: to trans­ (4) All authorizations are subject to operate with a separation of less than 10 mit to and receive from other authorized the condition that no harmful inter­ miles from the site of a TV transmitter marine relay stations as specified in the ference will be caused to television operating on either Channel 4 or 5, or station authorization. reception on Channels 4 and 5. from the post office of a community in § 81.602 Eligibility requirements. (5) The applicant agrees to eliminate which such channels are assigned but An applicant for an operational fixed any harmful interference caused by his are not in operation, will be returned station using frequencies in the 72-76 operation to TV reception on either without action. (See charts.)

FEDERAL REGISTER, VOL 32, NO. 87—■FRIDAY, MAY 5, 1967 6936 RULES AND REGULATIONS

§ 85.115 [Amended] FOR CHANNEL 4 2. In Section 85.115(b), delete the

CHART FOR DETERMINING RADIUS FROM FIXED STATION IN reference to Subpart P and add the word 71 • 7* Me/. BAND TO INTERFERENCE.CONTOUR ALONG WHICH 10% OF s e r v ic e F rom a d ja c e n t t e l e v is io n statio n w ould b e destro yed “and” before the word “O”. 3. Section 85.151(b) is amended by adding subparagraph (3), preceding the Note: § 8 5.151 Authorized frequency toler­ ance. * . * * * * (b) * * * (3) For operational fixed stations: Tolerance parts Frequency range in W 72.0 to 73.0 Mc/s and 75.4 to 76.0 Mc/s___ 5 * * * * * 4. Section 85.152 is amended by adding a new paragraph (g) and changing the Note at the end of the section to read as follows: § 8 5 .1 5 2 Authorized classes o f emission. * * * ♦ * (g) Operational fixed stations using frequencies in the 72 to 76 Mc/s band are authorized to use A l, A2, A3, FI, F2, and F3 emissions. No te; F o r in fo rm a tio n reg ard in g th e classi­ fication of emissions, the calculation of the bandwidth, and frequency deviation, see Part FOR CHANNEL 2 and Subparts E of Parts 81 and 83 of this

CHART FOR DETERMINING RADIUS FROM FIXED STATION IN c h a p te r. 72 - 76 M«/s BAND TO INTERFERENCE CONTOUR ALONG WHICH IOX OF SERVICE FROM ADJACENT TELEVISION STATION WOULD BE DESTROYED 5. Section 85.153 is amended by adding Effect!*« Rodioted Power «I TV Stati«ii...... IOO kw. Television Tronsmitimg Antenne Height...... 500 »1. a new paragraph (e) as follows: § 85.153 Transmitter power.

* * * * ♦ (e) The transmitter power for fixed stations specified in paragraph (b) of this section shall not apply to operational fixed stations. The transmitter power for operational fixed stations using frequen­ cies in the band 72 to 76 Mc/s shall be as specified in the respective station authorization. 6. Section 85.155 is amended by add­ ing a new paragraph (c) as follows: § 85.155 Rules in other parts applicable. ♦ * * * * (c) So far as it is consistent with this part, § 81.111 of this chapter shall ap­ ply to operational fixed stations subject to this part. 7. Section 85.156 is amended by add­ ing paragraph (b ): § 85.156 Acceptance of transmitters for (c) The frequency band 73.0-74.6 Part 85 is amended as follows: licensing in the fixed service. Mc/s may continue to be licensed to op­ 1. Section 85.4(b) is amended to in­ * * * * * erational fixed stations which were au­ clude therein the definition of opera­ (b) On and after April 26, 1968, each thorized for operation on December 1, tional fixed station as follows: transmitter authorized in an operational 1961, in accordance with the applicable fixed station license for operation on technical specifications contained in this § 85.4 Definitions in other parts appli­ frequencies in the 72-76 Mc/s band part. cable. (other than transmitters authorized * * * * * § 81.604 Technical requirements. solely for developmental stations) must (b) The definitions set forth in the be type accepted by the Commission. The authorized frequency tolerance, following sections of Subpart A of Part class of emission, bandwidth, frequency 81 of this chapter shall apply to stations 8. Subpart F of Part 85 is amended by deviation, and transmitter power for of the fixed service subject to this part: adding a new § 85.208 thereto as follows: operational fixed stations are set forth §§ 81.2(a) to and including 81.2(h), § 85.208 Rules in other parts applicable, in Subpart E of this part. Modulation 81.2(j), 81.5(c), 81.7(a) to and including requirements for such stations are set 81.7(h), 81.7(j), 81.7(m), 81.7(n), 81.8, So far as it is consistent with this part, forth in Subpart D of this part. 81.139, and 81.188, Subpart P of Part 81 of this chapter shall

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 RULES AND REGULATIONS 6937 apply operational fixed stations sub­ governing the public safety, industrial, § 91.8 Policy governing the assignment ject to this part. and land transportation radio services, of frequencies. respectively, to require evidence of fre­ (a) * *'* [PE. Doc. 67-4937; Piled, May 4, 1967; 8:45 a.m .] quency coordination with certain appli­ ( 1 ) * * * cations involving modifications of facili­ (viii) Any application in the Special ties, Docket No. 16385. Industrial or Business Radio Services [Docket No. 16385] specifying an itinerant operation only. In the Report and Order (FCC 66- * • i * * PART 91— INDUSTRIAL RADIO 1112) released in this proceeding on De­ Released: May 2,1967. SERVICES cember 9, 1966, and published in the F ederal C ommunications F ederal R e g is t e r on December 14, 1966 Policy Governing Assignment of C o m m is s io n , (31 F.R. 15743), subdivision (viii) in Frequencies [ s e a l ] B e n F . W a p l e , § 91.8(a) (1) was inadvertently omitted. Secretary. In the matter of amendment of Parts Therefore, subdivision (viii) is added to [F.R. Doc. 67-5045; Piled, May 4, 1967; 89, 91, and 93 of the Commission’s rules § 91.8(a) (1) to read: 8:48 a.m .]

\

FEDERAL REGISTER, VOL 32, NO. 87— FRIDAY, MAY 5, 1967 No. 87- 6938 Proposed Rule Making

the effect of making the subject mineral be available, before and after the closing DEPARTMENT OF HEALTH, EDUCA­ salts permitted ingredients of frozen date for comment, in the Rules Docket custard (§ 20.2) and of ice milk (§20.3). for examination by interested persons. TION, AND WELFARE Pursuant to the provisions of the Fed­ Revision of the present method of Food and Drug Administration eral Food, Drug, and Cosmetic Act (secs. developing terminal instrument pro­ 401, 701, 52 Stat. 1046, 1055 as amended cedures is necessary in order to realize E 21 CFR Part 20 1 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, maximum benefits from improvements 371) and in accordance with the au­ in aircraft equipment, navigation facili­ ICE CREAM thority delegated to the Commissioner of ties and aids, and in weather observation Proposal To Amend Identity Stand­ Food and Drugs by the Secretary of and measurement techniques. TERPS ard by Listing Certain Neutral and Health, Education, and Welfare (21 supersedes the U.S. Manual of Criteria CFR 2.120), all interested persons are for Standard Instrument Approach Pro­ Alkaline Mineral Salts as Optional invited to submit their views in writing, cedures (1956), and contains criteria for Ingredients preferably in quintuplicate, regarding development of terminal procedures Notice is given that the Pood Adjuncts this proposal. which reflect these revised concepts. Association, Inc., 7979 Old Georgetown Such views and comments should be TERPS was issued in September 1966, Road, Washington, D.C. 20014, has sub­ addressed to the Hearing Clerk, Depart­ as FAA Handbook 8260.3, and has mitted a petition proposing that the ment of Health, Education, and Welfare, been adopted by the Departments of the identity standard for. ice cream (21 CFR Room 5440, 330 Independence Avenue Army, Navy, Air Force, and the U.S. 20.1) be amended by listing as optional SW., Washington, D.C. 20201, within 60 Coast Guard. Copies may be obtained ingredients the neutral mineral salts days following the date of publication of from Publication and Graphics Division, sodium citrate, disodium phosphate, this notice in the F ederal R e g is t e r , and Federal Aviation Administration, 800 tetrasodium pyrophosphate, and sodium may be accompanied by a memorandum Independence Avenue SW., Washington, hexametaphosphate; and the alkaline or brief in support thereof. D.C. 20590. Copies are also available for mineral salts calcium oxide, magnesium Datedj April 27, 1967. examination at any Regional or Area oxide, calcium hydroxide, and magne­ office of the FAA. Periodic revision and sium hydroxide. The permitted total J . K . K ir k , further development of the criteria is amounts of these ingredients proposed Associate Commissioner contemplated and comments or recom­ are 0.2 percent of the neutral salts and for Compliance. mendations are invited from interested 0.04 percent of the alkaline salts by [F.R. Doc. 67-5061; Filed, May 4, 1967; persons at any time. weight of the finished food. 8:49 a.m .] The initial issue of instrument pro­ Grounds stated in support of the pro­ cedures reflecting the revised criteria is posal are that the use of such mineral planned for this summer. We anticipate salts will give frozen desserts a more that approximately two years will be chewy body and a finer texture. It is also DEPARTMENT OF required to reissue each individual ap­ stated that mineral salts in soft-serve proach procedure under the new criteria. frozen desserts will result, through the .One method of handling this transition TRANSPORTATION period would be to temporarily prescribe altering of protein hydration, in a stiffer, Federal Aviation Administration dryer product and will delay the occur­ two sets of rules, one directed to the use rence of “churning-out” or fat separation [ 14 CFR Parts 1, 91, 97, 121, 135 ] of the new procedures, the other directed to the present procedures. Another due to excessive agitation. [Docket No. 8130; Notice 67-19]* method would be to immediately convert Accordingly, it is proposed that § 20.1 each present ceiling value in the instru­ (f) be amended by adding thereto a new TERMINAL INSTRUMENT PROCEDURES ment approach procedures to a minimum subparagraph, as follows: (TERPS) descent altitude (MDA) or decision § 20.1 Ice cream; identity; label state­ Implementation of U.S. Standard height (DH) as appropriate, and replace m ent o f optional ingredients. the present rules with new rules govern­ * * * * * The Federal Aviation Administration ing the use of MDA and DH. In the in­ * * * » is considering amending Parts 1, 91, 97, terest of eliminating the potential con­ 121, and 135 of the Federal Aviation fusion of having two sets of instrument (8) (i) Sodium citrate, disodium phos­ Regulations to implement new tech­ phate, tetrasodium pyrophosphate, proposes the latter course of action. How­ niques and criteria associated with the ever, comments are particularly solicited sodium hexametaphosphate, or any U.S. Standard for Terminal Instrument combination of two or more of these; as to which of these methods is consid­ Procedures, hereinafter referred to as ered preferable by the aviation com­ but the total quantity of the solids of TERPS. such ingredients (exclusive of any diso­ munity. dium phosphate or sodium citrate pres­ Interested persons are invited to par­ Proposed § 91.116 contains general ent in chocolate or cacao, as permitted ticipate in the making of the proposed rules governing landing and takeoff and by paragraph,, (b) (3) of this section) is rule by submitting such written data, is based primarily on present § 91.117 (a) not more than 0.2 percent by weight of views, or arguments as they may desire. through (g) . .The rules governing the use the finished ice cream. Communications should identify the of radar in instrument procedures (pro­ regulatory docket number or notice num­ posed § 91.116(f); present § 97.117(f)) (ii) Calcium oxide, magnesium oxide, ber and be submitted in duplicate to the and the use of low and medium fre­ calcium hydroxide, magnesium hydrox­ Federal Aviation Administration, Office quency simultaneous radio range for ide, or any combination of two or more of the General Counsel, Attention: ADF procedures (proposed § 91.116(g); of these; but the total quantity of the Rules Docket, 800 Independence Avenue present § 91.117(b)) have been clarified. solids of such ingredients is not more SW., Washington, D.C. 20590. All com­ Primary among the improvements in than 0.04 percent of the weight of the munications received on or before July 5, weather observation facilities mentioned finished ice cream. 1967, will be considered by the Adminis­ above is the accuracy and currency * * 4t 4c 4c trator before taking action on the pro­ of visibility measurements available Due to cross-references, adoption of posed rules. The proposal contained in through use of the transmissometer. The the proposed amendment to the stand­ this notice may be changed in the light accuracy of runway visual range (RVR) ard for ice cream (§ 20.1) would have of comments received. All comments will observations is far greater than that of

FEDERAL REGtSTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 PROPOSED RULE MAKING 6939 reported ground visibility. Accordingly, “Precision approach procedure” means (b) Landing minimums. Unless other­ when RVR is available for a runway, the a standard instrument approach proce­ wise authorized by the Administrator, no instrument procedure will prescribe a dure in which an electronic glide slope person operating an aircraft (except a m inim um RVR value rather than a is provided, such as ILS and PAR. military aircraft of the United States) ground visibility minimum. A table of “Nonprecision approach procedure’'* may land that aircraft using a standard comparable values of RVR and ground means a standard instrument approach instrument approach procedure pre­ visibility has been included in § 91.116(e). procedure in which no electronic glide scribed in Part 97 of this chapter unless This table would be used to determine the slope is provided. weather conditions are at or above the applicable ground visibility minimum in § 1.2 [Amended] landing weather minimums prescribed in the ev en t that RVR was not reported that Part for the procedure used. due to a malfunction of equipment or 2. By adding the following symbols to (c) Civil airport takeoff minimums. § 1.2 : other cause. “ALS” means standard approach light Unless otherwise authorized by the Ad­ proposed § 91.117 contains new rules system. ministrator, no person operating an air­ applicable to ' the use of the new pro­ “HIRL” means high-intensity runway craft under Part 121, 129, or 135 of this cedures. Ceiling minimums will no longer lights. chapter may take off from a civil airport be prescribed in approach procedures “MALS” means medium intensity ap­ under IFR unless weather conditions are and proposed § 91.117(b) would allow proach light system. at or above the weather minimums for approaches down to the prescribed mini­ “MDA” means minimum descent alti­ IFR takeoff prescribed for that airport mum descent altitude or decision height tude. by the Administrator. Unless otherwise without regard to reported ceiling. “NOPT” means no procedure turn. prescribed in Part 97 of this chapter, the In an effort to reduce chart clutter “RCLM” means runway centerline following minimums apply to takeoffs and enhance graphic presentation of marking. under IFR: terminal procedures, certain items such “RCLS” means standard runway cen­ (1) Aircraft having two engines or as standard alternate and takeoff mini­ terline light system. less: 1 statute mile visibility. mums and standard adjustment of mini­ “REIL” means runway end identifica­ (2) Aircraft having more than two en­ mums for inoperative components will gines: One-half statute mile visibility. no longer be shown on individual pro­ tion lights. cedures. Non-standard minimums and “SALS” means standard short ap­ (d) Military airports. Unless otherwise adjustments will continue to be pre­ proach light system. prescribed by the Administrator, each scribed in the individual procedure con­ “TDZL” means standard touchdown person operating a civil aircraft under cerned. Tables for the standard adjust­ zone lights. IFR into, or out of, a military airport ment of minimums to compensate for 3. By amending § 91.83(c) to read as shall comply With the instrument ap­ inoperative components or components follows: proach procedure and the takeoff and landing minimums prescribed by the or aids not used have been included in § 91.83 Flight plan; information re­ proposed § 91.117. Standard weather military authority having jurisdiction on quired. that airport. minimums for designation of alternate * * * * * airports and for takeoff are included in (e) Comparable values of RVR and proposed §§ 91.83(c) and 91.116(c) , re­ (c) IFR alternate airport weatherground visibility. (1) If RVR minimums spectively. minimums. Unless otherwise authorised for takeoff or landing are prescribed in an Under TERPS, ceiling minimums will by the Administrator, no person may in­ instrument approach procedure, but RVR no longer be prescribed for takeoff except clude an alternate airport in an IFR is not reported for the runway of in­ for those runways where a ceiling mini­ flight plan unless current weather fore­ tended operation, the RVR minimum mum is required to enable the pilot to casts indicate that, at the estimated time shall be converted to ground visibility in see and avoid obstructions. The ceiling of arrival at the alternate airport, the accordance with the table in subpara­ minimums presently prescribed in Part ceiling and visibility at that airport will graph (2) of this paragraph and observed 97 will be modified or eliminated, as ap­ be at or above the following alternate as the applicable visibility minimum for propriate, as the individual takeoff pro­ airport weather minimums: takeoff or landing on that runway. cedures in Part 97 are reissued under the (1) If an instrument approach pro­ (2 ) — new criteria. cedure has been published in Part 97 for V is ib ility Prescription of landing minimums for that airport, the alternate airport mini­ R V R (fe e t) (statute miles ) aircraft according to the number of en­ mums specified in that procedure or, if 2,400______•...... - % gines will also be phased out. New air­ none are so specified, the following 3,200______.— ...... — % minimums: 4,000______------% craft approach categories are proposed 4,500______in § 97.3 that more realistically classify (1) Precision ap p roach procedure: ...... — % ceiling 600 feet and visibility 2 statute 5,000...... ______i aircraft according to their maneuvering 6,000...... l V* capability. miles. In addition, it is'proposed to amend (ii) Nonprecision approach procedure: (f) Use of radar in instrument ap­ Parts 121 and 135 to reflect the elimina­ ceiling 800 feet and visibility 2 statute proach procedures. When radar is ap­ tion of ceiling as a restriction on takeoff miles. proved at certain locations for ATC pur­ or landing and to establish minimum (2) If no instrument approach pro­ poses, it may be used not only for surveil­ descent altitudes and decision heights as cedure has been published in Part 97 for lance arid precision radar approaches, as controlling factors for approach and that airport, the ceiling and visibility applicable, but also may be used in con­ landing. minimums are those allowing descent junction with instrument approach pro­ In view of the foregoing, PAA proposes from the MEA, approach, and landing, cedures predicated on other types of to amend Parts 1, 91, 97, 121, and 135 under basic VFR. radio navigational aids. Radar vectors (14 CPR Parts 1, 91, 97, 121, and 135) 4. By deleting present § 91.117 and may be authorized to pi ovide course as follows: adding new §§ 91.116 and 91.117 reading guidance through the segments of an as follows: approach procedure to the final ap­ § 1-1 [Amended] proach fix or position. Upon reaching 1- By adding the' following definitions § 91.116 Takeoff and landing under the final approach fix or position, the to § l.i: IFR: General. pilot will either complete his instru­ “Minimum descent altitude” means the (a) Instrument approaches to civil ment approach in accordance with the lowest altitude, expressed in feet above airports. Unless otherwise authorized by procedure approved for the facility or wean sea level, to which descent is au­ the Administrator (including ATC), each will continue a surveillance or precision thorized on final approach or during person operating an aircraft shall, when radar approach to a landing. circling-to-land maneuvering in execu­ an instrument letdown to an airport is (g) Use of low or medium frequency tion of a standard instrument approach necessary, use a standard instrument ap­ simultaneous radio ranges for ADF pro­ Procedure where no electronic glide slope proach procedure prescribed for that air­ cedures. Low frequency or medium fre­ is provided. port in Part 97 of this chapter. quency simultaneous radio ranges may

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6940 PROPOSED RULE MAKING be used as an ADP instrument approach CD ILS and PAR. (3) Category C: Speed 121 knots or aid if an ADF procedure for the airport more but less than 141 knots; weight concerned is prescribed by the Admin­ Increase Increase 60.001 pounds or more but less than istrator or if an approach is conducted Inoperative decision visibility Approach 150.001 pounds. facility height (statute category using the same courses and altitudes for miles) (4) Category D: Speed 141 knots or the ADP approach as those specified in more but less than 166 knots; weight the approved range procedure. LOC * ____ ILS ap­ All. 150.001 pounds or more. (h) Limitations on procedure turns. proach (5) Category E: Speed 166 knots or not au­ In the case of a radar initial approach thorized. more; any weight. to a final approach fix or position, or a GS______As specified Alb (c) Approach procedure segments in the timed approach from a holding fix, or . procedure. for which altitudes or courses, or both, where the procedure specifies “NOPT” OM,i MM i ___ ABC. are prescribed in procedures, are as OM,i MM i 50 feet, ______D. or “PINAL”, no pilot may make a pro­ ALS. - if ___ All. follows: cedure turn unless, when he receives SALS___ ' $ ...... ABC. (1) “Initial approach” is the segment his final approach clearance, he so ad­ between the initial approach and the in­ vises ATC. 1 Not applicable to PAR. termediate fix or the point where the air­ § 91.117 Limitations on use of instru­ craft is established on the intermediate (2) ILS with visibility minimum of course or final approach course. ment approach procedures (other 1,800 or 2,000 feet RVR. than Category II). (2) “Intermediate approach” is the segment between the intermediate fix or (a) General. Unless otherwise au­ Inoperative Increase Increase Approach thorized by the Administrator, each per­ fecillty decision visibility— category point and the final approach fix. son operating an aircraft using an instru­ height (3> “Final approach” is the segment ment approach procedure prescribed in between the final approach fix or point LOC.--______ILS ap­ All. and the runway, airport, or missed-ap- Part 97 of this chapter shall comply with proach the requirements of this section. This not au­ proach point. thorized. (4) “Missed approach” is the segment section does not apply to the use of Cate­ GS__ — -- As specified All, gory II approach procedures. in the between the missed-approach point, or procedure. point of arrival at decision height, and (b) Descent below MDA or DH. No OM,MM- . 50 feet T a mile. ABC. o m ; MM_____ To % mile. I>. the missed approach fix at the prescribed person may operate an aircraft below the ALS______To % mile. All. altitude. prescribed minimum descent altitude or HIRL, TDZL, To )4 mile. All. RCLS, (d) “C” means circling landing mini­ decision height unless— RCLM. mum, a statement of ceiling and visibil­ (1) The aircraft is in a position from RVR.. ____ To mile. All. ity values, or minimum descent altitude which a normal approach to the runway and visibility, required for circling ap­ (3) VOR, LOC, LDA, and ASR. proach to landing. of intended landing can be made; and (e) “Ceiling minimum” means the (2) The approach threshold of that Inoperative Increase Increase Approach minimum ceiling, expressed in feet above runway, or approach lights or other facility mda visibility category the surface of the airport, required for markings identifiable with the approach takeoff or required for designating an end of that runway, are clearly visible to ALS, SALS. mile___ ABC. airport as an alternate airport. H IRL, MALS, % mile___ ABC. (f) “d” means day. the pilot. REILS. (g) “More than 65 knots” means an H, upon arrival at the missed approach aircraft that has a stalling speed of more point or decision height, or at any time (4) ADF(NDB), and LFR. than 65 knots (as established in an ap­ thereafter, any of the above require­ proved flight manual) at maximum cer­ ments are not met, the pilot shall imme­ Inoperative Increase Increase Approach tificated landing weight with full flaps, facility mda. visibility category landing gear extended, and power off. diately execute the appropriate missed (h) “MSA” means minimum safe al­ approach procedure. ALS mile__ ABC. titude, an emergency altitude expressed (c) Inoperative components. T h e in feet above mean sea level, which pro­ normal ground components of an ILS 5. By amending § I 97.3 and 97.5 to vides 1,000 feet clearance over all ob­ are localizer, glide slope, outer marker, read as follows: structions in that sector within 25 miles middle marker, and approach lights. In § 97.3 Symbols and terms used in pro­ of the facility on which the procedure is based (LOM in TT.fi procedures). addition, if an ILS approach procedure cedures. (i) “n” means night. in Part 97 of this chapter prescribes a The following symbols and terms ap­ (j) “NA” means not authorized. visibility minimum of 1,800 feet or 2,000 pear in standard terminal instrument (k) “NOPT” means no procedure turn. feet RVR, high-intensity runway lights, procedures prescribed in this part: (l) “Procedure turn” means the ma­ touchdown zone lights, centerline light­ (a> “A” means alternate airport neuver prescribed when it is necessary to ing and marking, and RVR are compon­ weather minimum. reverse direction to establish the aircraft (b) “Aircraft approach category” on an intermediate or final approach ents of the system. Compass locator or means a grouping of aircraft based on course; the outbound course, direction of precision radar may be substituted for a speed of 1.3 V so (at maximum certifi­ turn, distance within which the turn the outer or middle marker. Surveil­ cated landing weight) or on maximum must be completed, and minimum alti­ lance radar may be substituted for the certificated landing weight. Vso and the tude are specified; the point at which the outer marker. Unless otherwise spec­ maximum certificated landing weight turn may be commenced, and the type are those values as established for the discretion ified by the Administrator, if a ground and rate of turn, is left to the aircraft by the certificating authority of of the pilot. component or related airborne equip­ the country of registry. The categories (m) “RVV” means runway visibility ment is inoperative or unusable, the are as follows. If an aircraft falls into value. straight-in mínimums prescribed in any two categories, it is placed in the higher (n) “S” means straight-in landing approach procedure in Part 97 are raised of the two. "minimum, a statement of ceiling and vis­ in accordance with the following tables. (1) Category A: Speed less than 91 ibility, minimum descent altitude and knots; weight less than 30,001 pounds. visibility, or decision height and visibilty, If more than one component is inopera­ (2) Category B: Speed 91 knots or required for a straight-in approach and tive, each minimum is raised to the high­ more but less than 121 knots; weight landing on a specfied runway. The num­ est minimum required by any single in­ 30.001 pounds or more but less than ber appearing with the “S” indicates the operative component. 60.001 pounds. runway to which the minimum applies.

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 PROPOSED RULE MAKING 6941

If a straight-in minimum is not pre­ (ii) Deleting the words “ceiling or” in scribed in the procedure, the circling paragraphs (b) and (c ); CIVIL AERONAUTICS BOARD minimum specified applies to a straight- (ill) Deleting the words “minimum [1 4 CFR Part 243 ] in approach and landing. landing altitude” in paragraph (c) and (0) “Shuttle” means a 2-minute race­ substituting, in place thereof, the words [Docket No. 16477; EDR-92C] track-type holding pattern prescribed in “MDAorDH”; REPORTING RESULTS OF SERVICES lieu of a procedure turn. (iv) Deleting the words “ceiling and” PERFORMED FOR DEPARTMENT OF (p> “65 knots or less” means an air­ in the introductory clause of paragraph craft that has a stalling speed of 65 knots (d); DEFENSE or less (as established in an approved (v) Deleting the words “minimum Extension of Time for Submitting flight manual) at maximum certificated landing altitude” in paragraph (d) (2) Comments landing weight with full flaps, landing and substituting, in place thereof, the gear extended, and power off. term “MDA”; and May 1,1967. (q) “T” means takeoff minimum. (vi) Deleting the words “landing min­ In EDR-92B, dated March 29, 1967, (r) “Visibility minimum” means the imum landing altitude” in the concluding and published at 32 F.R. 5562, the Board piinimnm visibility specified for ap­ clause of paragraph (d) and substituting, issued a revised proposed rule which proach, or landing, or takeoff, expressed in place thereof, the words “MDA or would require the separate reporting of in statute miles, or in feet where RVR is DH”. results of charter services performed for reported. the Military Airlift Command in new § 121.653 [Amended] Part 243. Interested persons were invited § 97.5 Bearings; courses; headings; ra- to participate in the rule making pro­ dials; miles. (d) By amending § 121.653 as follows: (i) By deleting the words “ceiling or ceeding by submitting comments on or (a) All bearings, courses, headings, ground visibility” in paragraph (a) and before April 28, 1967. and radials in this part are magnetic. substituting, in place thereof, the words Several air carrier members of the Air (b) RVR values are stated in feet. “weather conditions”. Transport Association have requested Other visibility values are stated in stat­ that the time for comments be extended ute miles. All other mileages are stated (ii) By deleting the words “ceiling or” to May 15,1967, in order that a composite in nautical miles. in paragraph (b). statement of comments may be com­ (iii) By deleting the words “ceiling 6. By amending Part 97 as follows: pleted and submitted. and” in paragraph (c). The undersigned finds that good cause (a) By deleting the words “ceiling (iv) By deleting the words “minimum minimum” wherever they appear as a has been shown for an extension of time landing altitude” in paragraph (c) (2) for the period and the purpose requested. limitation on the making of an instru­ and substituting, in place thereof, the Accordingly, pursuant to authority dele­ ment approach and substituting, in place term “MDA”. thereof, the term “minimum descent gated in sections 7.3C and 7.6 of Public altitude” or “decision height” as appro­ (v) By deleting the words “landing Notice PN-15, dated July 3, 1961, the minimum altitude” in the concluding undersigned hereby extends the time for priate. clause of paragraph (c) and substituting, submitting comments to May 15, 1967. 7. By amending Part 121 as follows: in place thereof, the words “MDA or DH”, All relevant communications received (a) By deleting the words “ceilings (vi) By deleting the word “ceiling” in on or before May 15,1967, will be consid­ and visibilities” in §§ 121.613; 121.615 paragraph (d) and substituting, in place ered by the Board before taking action (a); 121.625; and 121.637(b) and sub­ thereof, the words “MDA or DH”. on the proposal. Copies of these commu­ stituting, in place thereof, the words nications will be available for examina­ “weather conditions”. ' § 135.111 [Amended] tion in the Docket Section, Room 710 §§ 121.613, 121.625, 121.637 [Amend- 8. By amending § 135.111 as follows: Universal Building, 1825 Connecticut ed] (a) By deleting the words “ceiling Avenue NW., Washington, D.C., upon and” from the introductory clause of receipt thereof. (b) By amending § 121.637(a) (4) to paragraph (b). (Sec. 204(a), Federal Aviation Act of 1958, read as follows: (b) By deleting the words “landing as amended; 72 Stat. 743; 49 U.S.C. 1324) § 121.637 Takeoffs from unlisted and minimum altitude” in subparagraph (b) By the Civil Aeronautics Board. alternate airports: domestic and flag (2) and substituting, in place thereof, air carriers. the term “MDA”. [seal] Arthur H. Sim m s, (a) * * * (c) By deleting the words “landing Associate General Counsel, . (4) The weather conditions at that minimum altitude” in the concluding Rules and Rates Division. airport are equal to or better than the phrase of paragraph (b) and substitut­ [F.R. Doc. 67-5041; Filed, May 4, 1967; following: ing, in place thereof, the words “MDA or 8:47 ajm.] (1) Airports in the United States. DH”. The weather minimum« for takeoff pre­ (d) By deleting the word “ceiling” scribed in Part 97 of this chapter; or where it first appears in paragraph (c) where minimums are not prescribed for and substituting, in place thereof, the EQUAL EMPLOYMENT the airport, 800-2, 900-1 y2, or 1,000-1. words “MDA or DH”. (ii) Airports outside the United'states. (e) By deleting the phrases “the ceil­ OPPORTUNITY COMMISSION The weather minimums for takeoff pre­ ing is less than 300 feet or” and “the ceil­ scribed or approved by the government ing is less than 200 feet or” in paragraph [ 29 CFR Part 1604 ] of the country in which the airport is (d). GUIDELINES ON DISCRIMINATION located; or where minimums are not pre­ These amendments are proposed under BECAUSE OF SEX scribed or approved for the airport, the authority of sections 307, 313, and 800-2,900-1 y2, or 1,000- 1. 601 of the Federal Aviation Act of 1958 Extension of Deadline for Filing ***** (49 U.S.C. 1348, 1354, and 1421). Statements § 121.651 [Amended] Issued in Washington, D.C., on April Notice is hereby given that the dead­ (c) By amending § 121.651 by— 28,1967. line for filing written statements in con­ (i) Deleting the words “ceiling or C. W. W alker, nection with the Commission’s previously ground visibility” in paragraph (a) and Director, Flight Standards Service. announced proposed rule making, 32 F.R. substituting, in place thereof, the words [FJt. Doc. 67-5036; Filed, May 4, 1967; 5999, is extended from May 12, 1967, to weather conditions”; 8:47 a.m.] June 2,1967.

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6942 PROPOSED RULE MAKING The Commission reserves the right and Relay League (ARRL), to extend the shall endeavor to consider submissions time for filing comments in the above received, subsequent to June 2 but prior entitled matter from April 28, 1967, to to Commission action on the subject May 26,1967. involved. To support its request, the petitioner states that it will not be possible for the Signed at Washington, D.C., this 1st League’s Directors to adequately review, day of May 1967. consider, and comment upon this im­ S tephen N. S hulman, portant proposal which affects many Chairman. thousands of the League’s members until [F.R. Doc. 67-5059; Filed, May 4, 1967; the Board’s annual meeting on May 5, 8:49 a.m.] 1967. In light of the consideration advanced by' the petitioner and since it does not appear that the brief extension requested FEDERAL COMMUNICATIONS will adversely affect any interested party, it is determined that granting this re­ quest will be in the public interest. COMMISSION Accordingly, it is ordered, Pursuant to I 47 CFR Part 97 1 section 4(i) of the Communications Act [Docket No. 17315J of 1934, as amended, and § 0.331(b) (41 of the Commission’s rules, that the time RADIO AMATEUR CIVIL EMERGENCY for filing comments in response to the SERVICE above entitled matter is extended to May 26,1967, and that the time for filing Use of F4 and A4 Facsimile; Order reply comments is extended to June 15, Extending Time for Filing Comments 1967. In the matter of amendment of Adopted: April 27, 1967. §§ 97.193 and 97.195 of the Radio Ama­ teur Civil Emergency Service rules to Released: May 1,1967. provide for the use of F4 and A4 fac­ F ederal Communications simile; Docket No. 17315, RM-964. Commission, The Commission, by its Chief, Safety, [seal! B en F. W aple, and Special Radio Services Bureau, has Secretary. under consideration a petition submitted [F.R. Dec. 67-5054; Filed, May 4, 1967; on April 26,1967, by the American Radio 8:49 a.m.]

FEDERAL REGISTER, VOL 32, NO. 87— FRIDAY, MAY 5, 1967 6943 Notices

This temporary tolerance expires April 1. Enter into and administer procure­ DEPARTMENT OF THE INTERIOR 28, 1968. ment contracts and make related deter­ National Park Service This action is taken pursuant to the minations under sections 302(c) (12) and authority vested in the Secretary of 302(c) (13) of the Federal Property and HOT SPRINGS NATIONAL PARK Health, Education, and Welfare by the Administrative Services Act, as amended Federal Food, Drug, and Cosmetic Act (41 U.S.C. 252(c) (12) and (13)). Notice of Intention To Negotiate (sec. 408(j), 68 Stat. 516; 21 U.S.C. 346a 2. Enter into and administer agree­ Concession Contract (j)) and delegated by him to the Com­ ments with other Federal agencies in­ Pursuant to the provisions of section 5, missioner (21 CFR 2.120). volving the obligation of funds. Public Law 89-249, public notice is Dated: April 28,1967. (Redelegation of Director, Office of General hereby given that thirty (30) days after Services, effective Mar. 25, 1967, 32 F.R. 4548, the date of publication of this notice, R. E. D uggan, Mar. 25, 1967) the Department of the Interior, through Acting Associate Commissioner Effective date. This designation and re­ the Director of the National Park Serv­ for Compliance. delegation of authority shall be effective ice, proposes to negotiate a concession [F.R. Doc. 67-5062; Filed, May 4, 1967; as of May 5,1967. contract with Hot Springs Mountain Ob­ 8:49 a.m.] servatory Co. authorizing it to provide W illiam J. P rime, concession facilities and services for the Director, public at Hot Springs National Park, BENZAMIDOOXYACETIC ACID Contracts and Agreements Division. Ark., for a period of 5 years from Janu­ [F.R. Doc. 67-5070; Filed, May 4, 1967; ary 1, 1968, through December 31, 1972. Notice of Establishment of Temporary 8:50 a.m.] The foregoing concessioner has per­ Tolerance formed its obligations under the contract to the satisfaction of the National Park Notice is given that at the request of Service and, therefore, pursuant to the the Gulf Oil Corp., Dwight Building, OFFICE OF EMERGENCY Act cited above, is entitled to be given Kansas City, Mo. 64105, a temporary tol­ preference in the renewal of the contract erance of 0.1 part per million is estab­ PLANNING lished for negligible residues of the herbi­ and in the negotiation of a new contract. ILLINOIS However, under the Act cited above, the cide benzamidooxyacetic acid in or on Secretary is also required to consider sugar beet roots and tops. The Com­ Notice of Major Disaster missioner of Food and Drugs has deter­ and evaluate all proposals received.as a Pursuant to the authority vested in me result of this notice. mined that this temporary tolerance will Interested parties should contact the protect the public health. by the President under Executive Order Director of the National Park Service, A condition under which this tempo­ 10427 of January 16, 1953, Executive Or­ Washington, D.C. 20240, for information rary tolerance is established is that the der 10737 of October 29,1957, and Execu­ as to the requirements of the proposed herbicide will be used in accord with- the tive Order 11051 of September 27, 1962 contract. temporary permit issued by the U.S. De­ (18 F.R. 407, 22 F.R. 8799, 27 F.R. 9683) ; partment of Agriculture. Distribution will Reorganization Plan No. 1 of 1958, Public Dated: April 28,1967. be under the Gulf Oil Corp. name. Law 85-763, and Public Law 87-296; by Leslie P. Arnberger, This temporary tolerance expires April virtue of the Act of September 30, 1950, Deputy Assistant Director, 28,1968. entitled “An Act to authorize Federal as­ National Park Service, sistance to States and local governments This action is taken pursuant to the in major disasters, and for other pur­ [F.R. Doc. 67-6029; Piled, May 4, 1967; authority vested in the Secretary of poses” (42 U.S.C. 1855-1855g), as amend­ 8:46 a.m.] Health, Education, and Welfare by the Federal Food, Drug, and Cosmetic Act ed; notice is hereby given of a decla­ (sec. 408(j), 68 Stat. 516; 21 U.S.C. 346a ration of “major disaster” by the Presi­ (j) ) and delegated by him to the Com­ dent in his letter dated April 25, 1967, missioner (21 CFR 2.120). reading in part as follows : DEPARTMENT OF HEALTH, EDUCA­ I have determined that the damage in Dated: April 28,1967. those areas of the State of Illinois adversely TION, AND WELFARE affected by tornadoes on April 21, 1967, is of Food and Drug Administration R. E. D uggan, sufficient severity and magnitude to warrant Acting Associate Commissioner assistance by the Federal Government to BARBAN for Compliance. supplement State and local efforts. Notice of Establishment of Temporary [F.R. Doc. 67-5063; Filed, May 4, 1967; I do hereby determine the following Tolerance 8:49 a.m.] areas in the State of Illinois to have been adversely affected by the catastrophe de­ Notice is given that at the request of clared a major disaster by the President the Gulf Oil Corp., Post Office Box 8200, in his declaration of April 25,1967: Kansas City, Mo. 64105, a temporary DEPARTMENT OF HOUSING AND The Counties of : tolerance of 0.1 part per million is estab­ Boone. La Salle. lished for negligible residues of the herbi­ URBAN DEVELOPMENT Cook. McHenry. cide barban (4-chloro-2-butynyl m-chlo- DuPage. * Will. rocarbanilate) in or on the raw agricul­ DEPUTY DIRECTOR, CONTRACTS AND Kane. Winnebago. tural commodity Gaines winter wheat. AGREEMENTS DIVISION, OFFICE OF Lake. The Commissioner of Food and Drugs GENERAL SERVICES Dated: April 28,1967. has determined that this temporary tolerance will protect the public health. Designation as a Contracting Officer F arris Bryant, A condition under which this tempo­ Director, rary tolerance is established is that the A. The Deputy Director, Contracts and Office of Emergency Planning. herbicide will be used in accordance with Agreements Division, Office of General May 1,1967. me temporary permit issued by the U.S. Services, is hereby designated as a con­ [FJR. Doc. 67-5030; Filed, May 4, 1967; Department of Agriculture. tracting officer and is authorized to: 8:46 ajn.J

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6944 NOTICES

and Communist China, which normally (a) That such vessels will not, thence­ DEPARTMENT OF COMMERCE do not have vessels calling at U.S. ports. forth, be employed in the North Vietnam F lag o f R e g ist r y trade so long as it remains the policy of Business and Defense Services the U.S Government to discourage such Administration N a m e o f S h i p Gross trade and; to n n a g e SOUTHWEST CENTER FOR (b) That no other vessels under their Total, all flags (40 ships)____ 278, 883 control will thenceforth be employed in ADVANCED STUDIES British (11 ships) ______61,311 the North Vietnam trade, except as pro­ Notice of Application for Duty Free vided in paragraph (c) and; Entry of Scientific Articles * * Ardgroom (broken up)______7, 051 (c) That vessels under their control Ardrowan______7, 300 which are covered by contractual obli­ The following notice of application **Ardtara (now Hyperion— gations, including charters, entered into published in Volume 32, Number 78 of B ritish )______5, 795 prior to January 25,1966, requiring their the F ederal R egister (Apr. 22, 1967) ♦Dartford______2,739 Greenford______2, 964 employment in the North Vietnam trade pursuant to section 6(c) of the Educa­ Hyperion (trip to North Viet shall be withdrawn from such trade at tional, Scientific, and Cultural Materials nam under ex-name, Ardtara— the earliest opportunity consistent with Importation Act of 1966 (Public Law 89- British). such contractual obligations. 651; 80 Stat. 897), is hereby amended Isabel Erica______7,105 F lag o f R e g ist r y by adding the words enclosed in brackets Milford — ------1, 889 to the description of the article: Santa Granda______.— 7, 229 a. Since last report : None. Docket number: 67-00022-90-46040. Shienfoon______7,127 b. Previous reports: * Shirley Christine______- ____ 6, 724 Number Applicant: Southwest Center for Ad­ ♦Yungfutary ______5, 388 of ships vanced Studies, 2400 North Armstrong B r i t i s h ______i Parkway, Richardson, Tex. 75080. Arti­ Cypriot (4 ships)______:______28,852 cle: Scanning Electron Microscope Dated: April 29,1967. JSM-3 (plus one goniometer stage). Acme ____•------7,173 By order of the Acting Maritime Manufacturer: Japan Electron Optics **Agenor (trips to North Viet­ Administrator. Laboratory Co. Ltd., Japan. Intended use nam—Greek). **Alkon (trips to North Viet­ J ohn M. O’Connell, of article: Applicant states: nam—Greek—broken up). Assistant Secretary. For the most part, the instrument will A m f itr iti______7,147 be used by students and faculty for re­ [F.R. Doc. 67-5013; Filed, May 4, 1967; A m o n ______;_____ 7, 229 8:45 a.m .) search in micropaleontology of radiolaria A n to n ia I I ______7,303 and foraminifera with emphasis on micro­ s tru c tu re s * * *. Greek (2 ships)______J*.______14, 289 [D ocket S—205] * • * * • To a lesser extent the instrument will be **Agenor (now Cypriot)______7,139 MOORE-McCORMACK LINES, INC. * *Alkon (now Cypriot—broken used in studies of surface properties of geo­ Notice of Application logical materials including lunar samples to u p ) ______7,150 be investigated under a NASA contract. One Maltese (1 ship) ______7,304 Notice is hereby given of the applica­ faculty member will be using the instrument tion dated April 12, 1967, of Moore-Mc- to analyze the orientation and shape of Fe20 3 Cormack Lines, Inc., for written permis­ grains in sediments as an adjunct to paleo- A m a lia ______,____ ._____ 7,304 magnetic studies. Another faculty member sion, under section 805(a) of the Mer­ and graduate student at Southern Methodist Polish (22 ships) ______167,127 chant Marine Act, 1936, as amended, to University Will utilize the instrument for permit its affiliated company, Commer­ study of chemical etch pits on polished sur­ Andrzej Strug ______6,919 cial Steamship Co., Inc., to own and op­ faces of geological specimens. B e n io w s k i______10, 443 D j a k a r t a ______;______6 , 915 erate two tank vessels of approximately Application received by Commissioner ♦ E n e rg e ty k ______10,876 37,250 DWT each In the domestic inter­ of Customs: April 5,1967. General Sikorski____ .______6 , 785 coastal and coastwise transportation of H an k a S aw icka______6 , 944 petroleum products. These two tank ves­ Charley M. Denton, H a n o i ______6 , 914 sels would be constructed for this trade, Director, Office of Scientific and Hugo Kollataj______3, 755 and would either be operated by Com­ Technical Equipment, ■ Busi­ Jan Matejko ______6 , 748 mercial Steamship Co., Inc., and/or char­ ness and Defense Services Jozef Conrad ______8 , 730 tered to the Military Sea Transportation Administration. Kapitan Kosko______6 , 629 Kochanowski ______8,231 Service or private concerns. [F.R. Doc. 67-5012; Filed, May 4, 1967; ♦Konopnicka ______9, 690 Interested parties may inspect this ap­ 8:45 a.m .] Lelewel ______plication 7, 817 in the Office of Government Marceli Nowotko______i_ 6 , 660 Aid, Maritime Administration, Room Maritime Administration Marian Buczek______,______7,053 4077, GAO Building, 441 G Street NW., N o rw id ______5,512 Washington, D.C. [Report No. 12] P h e n ia n ______6,923 Any person, firm, or corporation hav­ Stefan Okrzeja______6 , 620 LIST OF FOREIGN FLAG VESSELS AR­ Transportowiec ______10,854 ing any interest (within the meaning of RIVING IN NORTH VIETNAM ON W ie n ia w s k i______9,190 section 805(a)) in such application and Wladyslaw Broniewski______6,919 desiring to be heard on issues pertinent OR AFTER JANUARY 25, 1966 to section 805(a) or desiring to submit a Sec. 2. Section 1. The President has approved In accordance with approved written statement with reference to the a policy of denying the carriage of U.S. procedures, the vessels listed below which application must, before the close of bus­ Government-financed cargoes shipped called at North Vietnam on or after iness on May 18, 1967, make such sub­ from the United States on foreign flag January 25, 1966, have reacquired eligi­ mission or notify the Secretary, Mari­ vessels which called at North Vietnam bility to carry U.S. Government-financed time Subsidy Board/Maritime Adminis­ ports on or after January 25, 1966. cargoes from the United States by virtue tration in writing, in triplicate, and file The Maritime Administration is mak­ of the persons who control the vessels petition for leave to intervene which shall ing available to the appropriate U.S. having given satisfactory certification state clearly and concisely the grounds of interest, and the alleged facts relied on Government Departments the following and assurance: list of such vessels which arrived in for relief. Notwithstanding anything in North Vietnam ports on or after January § 201.78 of the rules of practice and pro­ ♦Added to Report No. 11 appearing in the cedure, Maritime Subsidy Board/Mari­ 25, 1966, based on information received F ederal R eg ist e r issue of Apr. 1, 1967. through April 27, 1967. This list does ** Ships appearing on the List that have time Administration (46 CFR 201.78), not include vessels under the registration been scrapped or have had changes in name petitions for leave to intervene received of countries, including the Soviet Union and/or Flag of Registry. after the close of business on May 18,

FEDERAL REGISTER, VOL 32, NO. 87— FRIDAY, MAY 5, 1967 N0TICE5 6945

1967, will not be granted in this proceed­ ance with the close cooperation main­ tor”) which is owned by New York Univer­ tained between the two agencies. sity (hereinafter "the licensee”), located in ing. University Heights, Borough of the Bronx, If no petitions for leave to intervene A. V. Astin, New York, N.Y., and described in the appli­ are received within the specified time, Director. cation for license dated December 19, 1963, as amended (hereinafter “the application”). or if it is determined that petitions filed [F.R. Doc. 67-5040; Plied, May 4, 1967; do not demonstrate sufficient interest to 8:47 a.m .j 2. Subject to the conditions and require­ warrant a hearing, the Maritime Sub­ ments incorporated herein, the Atomic sidy Board/Maritime Administration will Energy Commission (hereinafter "the Com­ take such action as may be deemed ap­ mission”) hereby licenses New York Uni­ v ersity : propriate. ATOMIC ENERGY COMMISSION A. Pursuant to section 104c. of the Atomic In the event petitions are received from [Docket No. 50-216] Energy Act of 1954, as amended (hereinafter parties with standing to be heard on the "the Act”), and Title 10 CFR, Chapter I, application, a hearing will be held June NEW YORK UNIVERSITY Part 50, “Licensing of Production and Utili­ 1, 1967, at 10 a.m., in Room 4519, Gen­ zation Facilities,” to possess, use and operate eral Accounting Office Building, 441 G Notice of issuance of Facility License the reactor as a utilization facility at the Street NW., Washington, D.C. The pur­ No request for a hearing or petition designated location. pose B. Pursuant to the Act and Title 10, CFR, of the hearing will be to receive evi­ to intervene having been filed following Chapter I, Part 70, “Special Nuclear Mate­ dence under section 805(a) relative to publication of the notice of proposed rial,” to receive, possess and use in connec­ whether the proposed operation (a) action in the F ederal R egister, and the tion with operation of the reactor, up to 660 could result in unfair competition to any Atomic Energy Commission having found grams of uranium -235. person, firm, or corporation operating ex­ that the reactor has been constructed C. Pursuant to the Act and Title 10, Chap­ clusively in the coastwise or intercoastal in conformity with Construction Permit ter I, Part 30, “Rules of General Applicability service or (b) would be prejudicial to No. CPRR-81, the Atomic Energy Com­ to Licensing of Byproduct Material,” to pos­ the objects and policy of the Act. mission has issued, effective as of the sess and use a radium-beryllium neutron startup source, and to possess, but not to By Order of the Maritime Subsidy date of issuance, Facility License No. separate, such byproduct material as may Board/Maritime Administration. R-107 authorizing New York University be produced by operation of the reactor. to operate its Model AGN-201M, Serial 3. This license shall be deemed to contain .Dated: May 3,1967. No. 105 nuclear reactor facility located on and is subject to the conditions specified in J ohn M. O’Connell, the Campus in University Heights, Bor­ 10 CFR Part 20, §§ 50.54 and 50.59 of 10 CFR Assistant Secretary. ough of the Bronx, New York, N.Y. Part 50, § 70.32 of 10 CFR Part 70 and § 30.34 of 10 CFR Part 30 of the Commission’s regu­ [F.R. Doc. 67-5101; Piled, May 4, 1967; The license was issued substantially lations, as well as all applicable provisions .8:50 a.m.] as set forth in the Notice of Proposed of the Act and the rules, regulations and or­ Issuance of Facility License published ders of the Commission now or hereafter in in the F ederal R egister April 1, 1967, effect; and is subject to the additional con­ National Bureau of Standards 32 F.R. 5477, with the exception of minor ditions specified below: changes in wording to clarify the condi­ A. Maximum power level. The licensee is NBS RADIO STATIONS tions of the license. authorized to operate the reactor at steady state power levels up to a maximum of 0 .1 Notice of Standard Frequency and Dated: April 27,1967. w a tt th e rm a l. Time Broadcasts B. Technical specifications. The Technical For the Atomic Energy Commission. Specifications contained in Appendix A of In accordance with the National Bu­ D onald J. Skovholt, this license (hereinafter “the Technical Spec­ reau of Standards policy of giving Assistant Director for Reactor ifications”) are hereby incorporated in the monthly notices regarding changes of Operations, Division of Reac­ license. The licensee shall operate the reactor phases in seconds pulses, notice is hereby tor Licensing. only in accordance with the Technical Spec­ given that there will be an adjustment in ifications. No changes shall be made in the the phase of seconds pulses emitted from F a c il it y L ic e n s e Technical Specifications unless authorized by the Commission as provided in § 50.59 of radio station WWVB, Port Collins, Colo. [License No. R-107] 10 CFR Part 50. On June 1, 1967, the clock at the station The Atomic Energy Commission having C. R eports. In addition to reports other­ will be retarded by 200 ms at 0000 hours found that: wise required under this license and appli­ UT, as announced by the Bureau Inter­ a. The application for license complies cable regulations: national de l’Heure (BIH) for the stepped with the requirements of the Atomic Energy (1) The licensee shall inform the Commis­ atomic time (SAT) system. The succes­ Act of 1954, as amended, and the Commis­ sion of any incident or condition relating to sive time pulses emitted from station sion’s regulations set forth In Title 10, the operation of the reactor which prevented WWVB are 1 second apart. The carrier Chapter I, CPR; or could have prevented a nuclear system b. There is reasonable assurance that (i) from performing its safety function as de­ frequency is 60 kHz and is broadcast the activities authorized by this license can scribed in the Technical Specifications or in without offset. be conducted at the designated location the safety analysis report. For each such oc­ Notice is also hereby given that there without endangering the health and safety currence, the licensee shall promptly notify will be no adjustment in the phases of of the public, and (ii) such activities will be by telephone or telegraph the Director of time signals emitted from radio stations conducted in compliance with the rules and the appropriate Atomic Energy Commission WWVB, Port Collins, Colo., and WWVH, regulations of the Commission; Regional Compliance Office listed in Appendix Maui, Hawaii, on June 1, 1967. During c. New York University is technically and D of 10 CFR 20 and shall submit within ten financially qualified to engage in the activ­ (10) days a report in writing to the Direc­ 1967, the pulses will occur at intervals ities authorized by this license in accordance tor, Division of Reactor Licensing, with a which are longer than 1 second by 300 with the rules and regulations of the Com­ copy to the Regional Compliance Office. parts in 10w, due to the offset to be main­ m ission; (2) The licensee shall report to the Com­ tained in carrier frequencies, as coordi­ d. New York University is a nonprofit edu­ mission in writing within 30 days of its ob­ nated by the BIH. cational institution and will operate the served occurrence any substantial variance Phase adjustments, when made, ensure reactor for the conduct of educational activ­ disclosed by operation of the reactor from that the emitted pulses from all stations ities. New York University is therefore performance specifications contained in the exempt from the financial protection require­ safety analysis report or the Technical will remain within about 100 ms of the ment of subsection 170a. of the Atomic Specifications. UT2 scale. They are made necessary be­ Energy Act of 1954, as amended; (3) The licensee shall report to the Com­ cause of changes in the speed of rotation e. The issuance of this license will not be mission in writing within 30 days of its oc­ inimical to the common defense and security currence any significant change in transient of the earth with which the UT2 scale or to the health and safety of the public. or accident analysis, as described in the safety is associated. Daily UT2 information is Facility License No. R-107, effective as of an alysis rep o rt. obtained from weekly forecasts of extrap­ the date of issuance, is issued as follows: D. R ecords. In addition to those otherwise 1. This license applies to the homogeneous required under this license and applicable olated UT2 clock readings provided by nuclear reactor Model AGN-201M, Serial No. regulations, the licensee shall keep the fol­ the U.S. Naval Observatory in accord­ 105, nuclear reactor (hereinafter "the reac­ lowing records:

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 No. 87----- 7 6946 NOTICES

(1) Reactor operating records, including 4.4 The requirements of this Section are Social Administration Advisor, GS-102- pow er levels. waived if the reactor has not been brought 15 (Chief, Division of Research and (2) Records of in-pile irradiations. critical during the specified test intervals. Training Centers). The position is in (3) Records showing radioactivity released However, the requirements m ust be fulfilled prior to subsequent startup of the reactor. the Vocational Rehabilitation Adminis­ or discharged into the air or water beyond tration, Department of Health, Educa­ the effective control of the licensee as meas­ 5.0 Administrative Requirements. tion, and Welfare, Washington, D.C. ured at the point of such release or dis­ 5.1 Organization. This authorization will terminate au­ charge. (a) An operating organization shall be (4) Records of emergency shutdown and established which shall review, approve, and tomatically when the position is filled. inadvertent scrams, including reasons for promulgate all procedures and practices gov­ The appointee to this position may be emergency shutdowns. erning facility operations and facility modi­ paid for the expense of travel and trans­ 4. This license is effective as of the datefications. This organization shall also provide portation to the first post of duty. for continuing review of operations, equip­ of issuance and shall expire at midnight, Sep­ U n it e d S ta tes C iv il S erv­ tember 9,1984. ment performance, records and procedures. (b) A reactor safety committee shall be ic e C o m m is s io n , Date of issuance: April 27,1967. established which shall review and approve [ seal 3 D avid F . W il l ia m s , For the Atomic Energy Commission. all proposed modifications affecting reactor Director, safety, and general and specific types of Bureau of Management Services. D o n a l d J . S k o v h o l t , experiments and procedures. This committee Assistant Director for Reactor Op­ [F.R. Doc. 67-5011; Filed, May 4, 1967; shall conduct periodic audits of operations, 8:45 a.m .] erations, Division of Reactor Li­ equipment performance, records and pro­ censing. cedures. The committee shall contain at Enclosure: Appendix A, Technical Spec­ least two members who are not in the op­ ifications. erating organization. (c) A radiological safety officer shall be FEDERAL COMMUNICATIONS A p p e n d ix A appointed to review and approve all pro­ A p r il 27,1967. cedures and experiments on radiological 1.0 Reactor Core. safety. He shall enforce rules, regulations and COMMISSION 1.1 The excess reactivity with no experi­ procedures relating to radiological safety, [Docket Noe. 17302,17303; FCC 67M-721] ments in the reactor and the control and and conduct routine radiation surveys. He safety rods fully inserted shall not exceed may be a member of the operating organi­ BELL TELEP H O N E CO M PAN Y OF 0.005Ak/k. zation provided that his duties do not also PENNSYLVANIA AND CONESTOGA 1.2 The reactor shall not be operated include the overall responsibility for facility TELEPHONE AND TELEGRAPH CO. unless the core tank is sealed. operations. 2.0 Control and Instrumentation Sys­ 5.2 Procedures, Order Rescheduling Hearing te m s . (a) Detailed written procedures shall be 2.1 The fine control rod, the coarse con­ provided for operation of the reactor and In re applications of The Bell Tele­ trol rod, and the two safety rods shall be supporting facilities, maintenance opera­ phone Co. of Pennsylvania, Docket No. operable and the carriage position of the tions, radiation protection, experiments, and 17302, File No. 1688-C2-P-66, for a con­ control rods shall be displayed at the con­ emergency operations. These procedures struction permit to modify the facilities sole whenever any rod is above its lower shall be approved by the reactor safety com­ of Station KGA585 in the Domestic Pub­ lim it. mittee prior to implementation. 2.2 The worths of the control and safety (b) Temporary procedures which do not lic Land Mobile Radio Service at Phila­ rods shall preclude criticality by the inser­ change the intent of the initial approved delphia, Pa.; The Conestoga Telephone tion of a single rod and ensure subcriticality procedures may- be authorized on approval and Telegraph Co., Docket No. 17303, File on the withdrawal of the coarse control or by two members of the operating organiza­ No. 679-C2-P-66, for a construction any one safety rod. tion, at least one of whom shall be a licensed permit to establish new facilities in the 2.3 During reactor operation each of the senior operator. Such procedures shall be Domestic Public Land Mobile Radio Instrumentation channels in Table I must be subsequently reviewed by the reactor safety Service near Boyertown, Pa. operative with the exception that safety com m ittee. Upon the Hearing Examiner’s own mo­ channels 1 or 3 may be bypassed. Each of 5.3 R ecords—!The reactor records shall these channels m ust cause reactor scram and contain routine data regarding reactor op­ tion: It is ordered, That the evidentiary alarm if the operating limit is reached. eration including routine component re­ hearing herein now scheduled for July 6, 2.4 A manual scram shall be provided on placement and calibration, the action of op­ 1967, be and the same is hereby resched­ the reactor console and the safety circuitry erators and experimenters, descriptions of uled for June 20, 1967, 10 a.m., in the shall be designed so that no single failure all facility modifications, and details of any Commission’s offices, Washington, D.C. can negate both the automatic and manual abnormalities and the corrective actions scram capability. ta k e n . Issued: April 28,1967. 2.5 The water in the shield water tank T able I Released: May 1,1967. shall be no more than 7 inches from the top of the shield water tank during reactor F ederal C ommunications Condition Channel Operating limit o p eratio n . C o m m is s io n , 3.0 Experimental Limitations. [ se a l ] B e n F. W a pl e, 3.1 The reactivity worth of experiments High power/low Nuclear Safety 200 percent of power. No. 1, 2, 3 licensed Secretary. loaded into the reactor shall be limited so power/ that the stun of all experiments with posi­ sensitrol off [F.R. Doc. 67-5046; Filed, May 4, 1967; tive reactivity contributions shall not exceed scale. 8:48 a.m .] 0.15 percent Ak/k. Short reactor Nuclear Safety ^-second period. 3.2 All samples or experiments shall be period. No. 2. doubly encapsulated and ensured leak tight [Docket No. 16792; FCC 67M-720] if release of the contained materials could [F.R. Doc. 67-5009; Filed, May 4, 1967; CITY OF CAMDEN, N.J., AND L & P cause corrosive attack to the facility, ex­ 8:45 a.m .] cessive contamination, or chemical reactions BROADCASTING CORP. that could possibly affect reactor safety. 3.3 No experiments shall be introduced Memorandum Opinion and Order into the core tank. No explosives or capsules CIVIL SERVICE COMMISSION Continuing Hearing containing materials which might combine In re application of City of Camden violently shall be irradiated in the reactor. SOCIAL ADMINISTRATION ADVISOR, 4.0 Surveillance Requirements. ssignor) and L & P Broadcasting Corp. 4.1 The safety system equipment listed VOCATIONAL REHABILITATION ssignee) ; Docket No. 16792, File No. in Table I shall be checked for calibration ADMINISTRATION Hj- 5702; for assignment of license of and proper condition at least semiannually. ation WCAM, Camden, N.J. 4.2 The excess reactivity and control rod Notice of Manpower Shortage 1. The Hearing Examiner has under worths shall be measured at least annually. Under the provisions of 5 U.S.C. 5723 nsideration the petition for continu- 4.3 The coarse control rod and the two ice without date, as supplemented, safety rods shall be removed from the reactor the Civil Service Commission has found, effective April 28, 1967, that there is a ed on April 17, 1967 by L & P Broad­ and checked for proper operation at least sting Corp.; the opposition thereto a n n u a lly . manpower shortage for the position of

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 NOTICES 6947 filed by the city of Camden; and the com­ is continued from May 10, 1967, to Sep­ “grandfather” protection.® In the desig­ ments of the Broadcast Bureau with tember 11, 1967; and the date for com­ nation order herein, FCC 66-1161, re­ reference to the said petition. Basis for mencement of hearing is continued from leased January 4, 1967, the Commission the requested continuance is the filing May 17,1967, to September 18,1967, com­ denied the respective petitions, holding by assignee in the Superior Court of New mencing at 10 a.m. in the offices of the that “the long-range design of the top- Jersey, Law Division-Camden County, of Commission at Washington, D.C. 100 market rule—the preservation of a civil action for declaratory ruling look­ Issued: April 27,1967. UHF potential—outweighs the immedi­ ing toward recision of the contract which ate attraction” of “supplying of full net­ action will be taken by the assignee in the Released: May 1,1967. work services and of South Carolina sta­ event of a favorable ruling. Petitioner F ederal C ommunications tions”; that “ttlhis is especially so where, asserts that ruling can be expected by C o m m is s io n , as here, there is active UHF interest and August 1,1967, and in its opposition, city [ seal ] B e n F . W a p l e , the CATV proposals would commence op­ of Camden states that “probability of the Secretary. eration within the very area which new * * * action being decided at the trial UHF stations will have to rely upon most [F.R. Doc. 67-5047; Filed, May 4, 1967; heavily for economic support”; and that level prior to August 1, 1967, exists.” The 8:48 a.m .] opposition sets forth, however, “that if “such equities as may be urged from the the unsuccessful party were to pursue its substantial expenditures by petitioners rights of appeal to both the Superior [Docket Nos. 17056,17057; FCC 67R-167] cannot balance out the uncertainties Court, Appellate Division, and ultimately their proposals hold for the public inter­ to the New Jersey Supreme Court, the COSMOS CABLEVISION CORP. AND est in a healthy broadcast structure.” time anticipated * * * until the ulti­ AIKEN CABLEVISION, INC. The Commission designated both appli­ mate resolution of such appeals would be cations for hearing upon various issues. Memorandum Opinion and Order 2. In its present petition to enlarge approximately two (2) years from date.” Enlarging Issues The city of Camden, for this reason op­ and modify issues, filed January 23, poses the requested continuance, but In re applications Cosmos Cablevision 1967/ Cosmos, supported by Aiken, re­ makes no statement whether it would Corp., North Augusta, S.C., Docket No. quests that the Review Board modify pursue its rights of appeal if it is unsuc­ 17056, File No. CATV 100-1; Aiken Cable- issue 1 ' to inolude only the penetration cessful in the action. By its opposition the vision, Inc., Aiken, S.C., Docket No. 17057, and extent of petitioners’ CATV services city of Camden also states that since an File No. CATV 100-19; for authority pur­ in the Augusta market; and to add the early date in February of 1967, it has been suant to § 74.1107 to operate CATV sys­ following issues: actively engaged in a program of at­ tems in North Augusta and Aiken, S.C. (a) To determine whether the pro­ tempting to arouse interest among others 1. Both Cosmos Cablevision Corp.posed CATV services in North Augusta to bid on the station facility, but without (Cosmos) and Aiken Cablevision, Inc. and Aiken, S.C. are consistent with the success. By its comments, the Broadcast (Aiken), seek CATV systems, Cosmos to community needs and desires for recep­ Bureau opposes the request for continu­ operate in North Augusta, S.C., propos­ tion of programs from television broad­ ance without date, but asserts that good ing to carry, in addition to the two Au­ cast stations oriented to coverage of cause has been shown for a continuance gusta VHF stations, the distant signals South Carolina public affairs and events. to dates certain in September of 1967. of the three network affiliates in Colum­ (b) To determine broadcast revenues, Good cause is alleged to be present “for bia, S.C., and the new educational station expenses and income for the Augusta the reason that if L & P Broadcasting is on Channel 35 in Columbia when it be­ television market, and potential revenues successful in its lawsuit against the city came operative; Aiken to operate in available to UHF stations. of Camden the contract between the par­ Aiken, S.C., proposing to carry the Au­ (c) To determine the actual expendi­ ties for sale of Station WCAM would be gusta station, the three network affiliates tures and physical development of the terminated and this proceeding would be from Columbia, the three network sta­ CATV systems in Aiken and North Au­ moot.” The proposed September dates are tions from Charleston, S.C., and the two gusta, S.C., prior to February 15, 1966. predicated on the expected date of con­ network stations from Savannah, Ga. (d) To determine the sufficiency of clusion at the trial level of the said Both North Augusta and Aiken are in Commission notice and applicability of Superior Court proceeding. the February 15,. 1966, cutoff date with the Augusta, Ga., television market.1 respect to petitioners’ CATV systems in 2. Good cause is present for grant of aBoth applicants had filed petitions (Cos­ view of the extensive development of continuance as proposed by the Broad­ mos on Mar. 11, 1966; Aiken on Apr. 29, each system prior to April 23, 1965, and cast Bureau. Such continuance will afford 1966), requesting the Commission to February 15, 1966. the city of Camden additional time for waive the hearing requirements of § 74.- seeking other purchasers of the facility 1107(a) in order to permit them to carry Cosmos also requests that the burden of and will afford time for disposition of the distant signals into their respectively proceeding and burden of proof as to Superior Court proceeding and a deter­ designated communities, contending * requested Issue (b), above, be placed mination at the trial level whether the that they had substantially constructed upon respondents. contract can be rescinded by transferee. at considerable expense their respective 3. In support of its request to limit There is no indication by either party CATV proposal before February 15, 1966, Issue 1 (see note 5, supra), Cosmos con­ that an adverse decision would be ap­ and that they were therefore entitled to tends that the issue as framed would pealed and such determination is nor­ require it to adduce evidence regarding mally impractical until the basis of the present and proposed CATV operations trial court’s decision is determined. The 1 Since Augusta is one of the Nation’s 10O largest television markets (ranked 96th), Period suggested by the Broadcast Bu­ neither applicant may carry distant signals in *See 174.1107(d) as to the "grandfather’’ reau should permit resolution of these their respective proposed CATV systems with­ rights of an existing CATV system with re­ questions and on the basis thereof, a de­ out prior Commission approval based upon spect to signals carried by the system on termination of whether further proceed­ a full evidentiary hearing. See § 74.1107(a). Feb. 15,1966. ings before the Federal Communications 2 Each applicant also contended that its 4 Also before the Board are the following Commission would serve a useful purpose. proposal would for the first time bring to the pleadings: (a) Opposition, filed Feb. 3, 1967, Accordingly, it is ordered, That the said Augusta market the full range of network by Rust Craft Greeting Cards, Inc. (Rust services and would make available home- Craft); (b) comments (in support of the Petition for continuance is denied insofar State television reception. Oppositions were foregoing petition), filed Feb. 1, 1967, by as it seeks a continuance without date; filed by the licensees of the two Augusta Aiken; (c) Broadcast Bureau’s comments, and stations, contending essentially that the filed Feb. 8 , 1967; (d) reply, filed Feb. 17, It is further ordered, That the date for communities involved are an important part 1967, by Cosmos; and (e) erratum, filed on exchange of exhibits herein is continued of the station’s service area and that no Feb. 15, 1967, by the Broadcast Bureau. from May 1, 1967, to September 5, 1967; showing had been made with respect to po­ * Issue 1 reads as follows ; “To determine tential impact of the proposed CATV oper­ the present and proposed penetration and the date for giving notification of wit­ ations upon the existing and potential Au­ extent of CATV service in the Augusta nesses to be called for cross-examination g u sta sta tio n s. m a rk e t.”

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 196 7 6948 NOTICES in an area encompassing 150,000 square 6. We agree with Rust Craft and the ing, could be construed so as not to miles, including 125 communities; and Bureau that existing Issue 2 (see note 6, encompass the city of Augusta.8 However, that such a requirement is “inequitable, supra) is broad enough to encompass in paragraph 48 of the notice, which set unreasonable, and highly conjectural.” the information sought to be elicited by forth the areas of further inquiry, the As pointed out by the Bureau, in its com­ Cosmos under its requested Issue (b), Commission stated that [s]uch areas in­ ments, petitioner does not allege facts and we find no basis for shifting the bur­ clude not only communities with four or sufficient to warrant the action re­ den of going forward with the evidence more commercial channel assignments quested, as required by § 1.229 of the or the burden of proof away from the but also those areas where any new sta­ rules. Moreover, existing Issue 2 8 cannot applicants. WLCY-TV, Inc., FCC 67-101, tion would rely very substantially upon be resolved without the information released January 27, 1967, cited by Cos­ independent programing sources * * called for under 1, and we agree with mos in its reply, is inapposite here. In Since Augusta, at that time, had four Rust Craft that unless the full showing that case, which involved an application channels assigned to it, we do not believe contemplated under Issue 1 is made, to relocate the transmitter site of a tele­ that Cosmos can validly complain that there can be no meaningful determina­ vision station, the burden of proceeding it had no notice that the Commission’s tion of the impact of CATV service on under an economic impact issue was future action might affect its proposal, the Augusta television market. placed upon existing television stations cf. memorandum opinion and order, FCC 4. In support of requested Issue (a), which raised the question in petitions to 66-456, 3 FCC 2d 816, 825. Cosmos submits that there is a strong de­ deny. According to section 309(e) of the Accordingly, it is ordered, This 25th sire from ’North Augusta officials for the Communications Act, this alternative day of April 1967, that the petition to reception of South Carolina programing, was open to the Commission since the enlarge and modify the issues, filed by which is not now received in North Au­ issue was presented by a petition to deny. Cosmos Cablevision Corp. on January 23, gusta; that to deny residents of a State Here, on the other hand, the economic 1967, is granted to the extent indicated access to their own State’s stations in impact issue was not presented by a pe­ below; that said petition is denied in order to protect the stations of another tition to deny. Pursuant to section 309(e) all other respects; and that the issues in State (Georgia) raises serious public in­ of the Act and section 7(c) of the Ad­ this proceeding are enlarged by the addi­ terest questions; and that the Commis­ ministrative Procedure Act, the burden tion of the following issue: To determine sion has recognized the importance of was properly placed upon the applicants. whether there are unsatisfied needs in in-State service in the Second Report 7. In support of requested Issues (c) North Augusta and Aiken, S.C. for in­ and Order in Docket Nos. 14895, 15223, and (d), Cosmos alleges that the appli­ state television programing; and, if so, and 15971, 2 FCC 2d 725 (1966). Rust cants had spent substantial sums of the extent to which the applicants' pro­ Craft, in opposition, argues that the need money developing their systems prior to posed CATV services would meet those for in-State programing, while relevant April 23, 1965, when the Commission needs for their respective communities. to petitioner’s original request for waiver issued its Notice of Inquiry and Proposed The burden of proceeding and the of § 74.1107, is not relevant to the basic Rulemaking in Docket No. 15971, 1 FCC burden of proof under the added issue issue to be decided at the hearing—the 2d 453; that by February 15, 1966, the will be on the applicants for their re­ economic impact of the proposed CATV cutoff date for “grandfathering” existing spective communities. on existing and future television develop­ CATV systems carrying distant signals, Released: May 1, 1967. ment; that the Commission’s concern for the applicants had invested more money in-State programing in the Second Re­ F ederal C ommunications and their systems were in “operational C o m m is s io n , port and Order referred only to'existing status”; and that the economic viability [ s e a l ] B e n F . W a pl e, CATV systems proposing to carry dis­ of CATV systems should be in issue. Cos­ Secretary. tant signals, not to proposals for new mos further alleges that the April 23, CATV systems; and that, in any event, 1965, notice was legally deficient; and, [F.R. Doc. 67-5049; Filed, May 4, 1967; the existing Augusta stations are meeting in any event, that Augusta did not fall 8:48 a.m .] the needs and interests of the residents within the description of “major mar­ of North Augusta. kets” contained in that notice. We do not [Docket Nos. 17405, 17406; FCC 67-508] 5. As pointed out by the Broadcast regard petitioner’s allegation that sub­ HARTFORD COUNTY BROADCASTING Bureau in its comments, the in-State stantial sums of money were expended CORP. AND CENTRAL CONNECTI­ feature of Cosmos’ proposal was con­ before it received notice as sufficient to sidered by the Commission in the des­ warrant the addition of hearing issues. CUT BROADCASTING CO. ignation order (see par. 1, supra) and No showing has been made that these Order Designating Applications for rejected as a basis for waiving § 74.1107 expenditures are relevant to the public Consolidated Hearing on Stated of the rules. However, the fact that this interest determination, or even that peti­ feature was not an adequate basis for tioner’s investment would be lost in the Issues waiving the hearing requirement con­ event that the requested waiver is de­ In re applications of Hartford County tained in § 74.1107 does not mean that it nied.’ Thus, we need not determine Broadcasting Corp., New Britain, Conn., is not a relevant factor in resolving the whether the economic viability of CATV Docket No. 17405, File No. BPH-5488, ultimate public interest question after systems may be a relevant consideration Requests: 100.5mc, No. 263 ; 20kw; 135 the hearing has been held. As stated by in this proceeding, since Cosmos’ allega­ ft.; The Central Connecticut Broadcast­ the Commission in the Second Report tions fall far short of establishing a basis ing Co., New Britain, Conn., Docket No. and Order, supra, “[clonsiderations of for an issue inquiring into this matter. 17406, File No. BPH-5489, R e q u ests: this nature [in-State programing] will With regard to notice, the legal suffici­ 100.5mc, No. 263; lOkw; 931 ft.; for con­ be accorded substantial weight as a basis ency of the Commission’s notice of the struction permits. for waiver of the carriage provisions.” cutoff date has been treated by the Com­ 1. At a Session of the Federal Com­ We fail to perceive any valid distinction mission in various documents and need munications Commission held at &s of­ between such waivers for existing CATV not be repeated here. It is true that para­ fices in Washington, D.C., on the 26tn operations and proposed CATV opera­ graph 49 of the Commission’s April 1965 day of April 1967 ; tions, as suggested by Rust Craft; and we notice, which referred to the action to 2. The Commission has under con­ cannot, on the basis of the pleadings, re­ be taken while the proceeding was pend- sideration the above captioned ana solve the question of need for the pro­ described applications which are m u t" posed CATV services. Accordingly, an ally exclusive in that operation by tn issue will be specified under which this 7 As stated by the Commission in its mem­ applicants as proposed would re s u lt m orandum opinion and order, FCC 66-456, 3 mutually destructive interference. matter can be explored. FCC 2d 816, denying petitions for stay of the second report and order, “section 74.1104 « Par. 49 refers to communities with four «Existing Issue 2 inquires into “the effects does not preclude, or require a hearing for, construction or the commencement of opera­ r more commercial channel assignments a of current and proposed CATV service in the hree or more stations in operation; or Augusta market upon existing, proposed, and tions limited to local signals or any other service not involving the carriage of distant t least two stations in operation and one potential television broadcast stations in the lore stations authorized or applied for. m a rk e t.” _ broadcast signals.” 3 FCC 2d at 826.

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 NOTICES 6949

3. H artford County Broadcasting of 1934, as amended, and § 1.594 of the Sciences and Aeronomy as part of the Corp. previously held a construction per­ Commission’s rules, give notice of the studies in telecommunication science mit for this channel. This permit, how­ hearing, either individually or feasible and central Federal program of research ever, was deleted after its application for and consistent with the rules, jointly, and service in radio propagation and extension of the permit was denied for within the time and in the manner pre­ radio atmospheric studies; that the lack of diligence in proceeding with con­ scribed in such rule, and shall advise activities performed there are vital to struction. In this connection, Hartford the Commission of the publication of questions of future use of electromag­ County now commits itself to expeditious such notice as required by § 1.594(g) of netic waves, which are also of interest construction and states that it is willing the rules. to the Federal Communications Com­ to accept a grant conditioned on com­ Released: May 2,1967. mission, Director of Telecommunications pletion of construction within 120 days Management and the Department of following grant. We have concluded that F ederal C ommunications Defense; that its research and measure­ an issue is required to determine C o m m is s io n ,1 ment activities employ reception of whether, in light of its past lack of dili­ [ se a l ] B e n F . W a p l e , signals in many portions of the radio gence, Hartford County can be relied Secretary. spectrum, including FM and TV broad­ upon to complete construction promptly. [F.R. Doc. 67-5050; Filed, May 4, 1967; casting bands and the bands adjacent If Hartford County is found qualified, 8:48 a.m .] and harmonically related thereto; and this evidence may be considered under that strong signals could cause objec­ the standard comparative issue. tionable interference to the reception of 4. Data submitted by the applicants [Docket Nos. 17029, 17030; FCC 67R-174] desired signals from highly sensitive indicate that there would be a signifi­ RUSSEL SHAFFER AND INTERNA­ receivers because of inherent character­ cant difference in the size of the areas TIONAL ELECTRONIC DEVELOP­ istics of the receivers’ components, as and populations which would receive MENT CORP. well as by spurious radiation of signal service from the proposals. Conse­ from broadcasting transmitters. ESSA’s quently, for the purposes of compari­ Memorandum Opinion and Order engineering affidavit indicates that In- son, the areas and populations within the Enlarging Issues national’s proposal would place a signal 1 mv/m contours together with the of 127 mv/m at the Table Mountain site, availability of other FM services of 1 In re applications of Russel Shaffer, and that Russel Shaffer’s proposal would mv/m or greater intensity in such areas Boulder, Colo., Docket No. 17029, File No. place a-signal of 11 mv/m, both of which will be considered under the standard BPH-5337; International Electronic De­ exceed ESSA’s criterion of 10 mv/m. comparative issue, for the purpose of de­ velopment Corp., Boulder, Colo., Docket With regard to the requirement that termining whether a comparative pref­ No. 17030, File No. BPH-5432. petitions to enlarge issues must be filed erence should accrue to either of the 1. This proceeding involves two mu­ within 15 days after the issues have applicants. tually exclusive applications to establish first been published in the F ederal 5. Except as indicated below, the ap­ new FM broadcast stations at Boulder, R e g is t e r ,2 ESSA submits that the 15-day plicants are qualified to construct and Colo., operating on Channel 234 (94.7 period should not begin to run until its operate as proposed. However, because m c/s). By order, released December 6, petition to intervene was granted, and of their mutual exclusivity, the Commis­ 1966 (Mimeo No. 93013), the applications since the order granting intervention sion is unable to make the statutory find­ were designated for hearing on a stand­ was not reaffirmed until February 15, ing that a grant of the applications ard comparative issue. The Environmen­ 1967, its motion is timely. In any event, would serve the public interest, con­ tal Science Services Administration ESSA argues, good cause for the delay venience, and necessity, as is of the (ESSA) of the Department of Commerce, exists because its petition to intervene opinion that the applications must be on January 9, 1967, filed a petition to was timely filed, it was in the process designated for hearing on the issues set intervene, contending that there is a rea­ forth below. of preparing the motion to enlarge when sonable likelihood that the proposed op­ intervention was sought, and the delay It is further ordered, That, pursuant eration of either applicant may cause to section 309(e) of the Communications in filing the petition to enlarge was excessive interference and/or impair the occasioned by the need for technical Act of 1934, as amended, the applications usefulness of its Table Mountain facility. are designated for hearing in a consoli­ computations and measurements in By order, released January 24,1967 (FCC connection with its engineering affidavit. dated proceeding, at a time and place to 67M-119), the Hearing Examiner grant­ be specified in a subsequent order, upon The Broadcast Bureau supports ESSA’s ed ESSA’s petition to intervene and request. the following issues: made it a party to the proceeding, on X. To determine whether in light of 3. International, in opposition, con­ the condition that an issue or issues are tends that the 15-day period commences its past lack of diligence Hartford Coun­ added relating to the alleged interference ty can be relied upon to complete con­ to run against parties, intervenors, and that would be caused to the Table Moun­ potiential intervenors the day the hear­ struction of the proposed station in a tain operation. International Electric prompt and expeditious manner. Development Corp. (International), on ing order appears in the F ederal R eg ­ 2. To determine, if issue one is resolved January 25, 1967, filed a petition for re­ is t e r ,3 and that ESSA’s motion is there­ ln Hartford County’s favor, which of the consideration of the Hearing Examiner’s fore 59 days late. The ESSA contention proposals would better serve the public Order; and the Examiner, by order re­ that the delay in filing was occasioned interest. leased February 15,1967 (FCC 67M-254), by the need for technical computations 3. To determine in the light of the evi­ reaffirmed his previous order. and measurements, International alleges, dence adduced pursuant to the foregoing is not an adequate showing of good cause, issues, which of the applications for con­ 2. Presently before the Review Board and that the technical study should struction permit should be granted. is a motion to enlarge issues, filed by have been included in the petition for ■¿Jr & further ordered, That to avail ESSA on February 24, 1967, requesting intervention. International points out themselves of the opportunity to be an issue to determine whether the pro­ posed FM stations would cause inter­ that ESSA neither participated in the heard, the applicants pursuant to § 1.221 rule-making proceeding leading to the the Commission’s rules, in person ference to its Table Mountain operation.1* or by attorney shall, within twenty (20) In support of its request, ESSA alleges assignment of FM channels to Boulder mailing of this 'order, file that the Table Mountain site is used by nor did it evidence any interest in the with the Commission in triplicate, a writ­ the Institute for Telecommunication Commission’s public notice of the filing ten appearance stating an intention to of two applications, but waited until the appear on the date fixed for the hearing 1 Commissioner Lee absent. and present evidence on the issues spec­ ** Also before the Review Board are: (a) ified in this order. opposition of International Electronic De­ 2 Sec. 1.229 of the Rules. ** % further ordered, That the appli- velopment Corp., filed Apr. 10, 1967; (b) 3 See Charlottesville Broadcasting Corp., 1 Broadcast Bureau’s statement, filed Apr. 10, FCC 2d 1323, 6 RR 2d 744 (1965); and ante herein shall, pursuant to section 1967; and (c) reply to opposition filed Kenosha Broadcasting, Inc., FCC 61R-1103, t(a)(2) of the Communications Act Apr. 20,1967, by ESSA. 22 R R 97.

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6950 NOTICES adjudicatory proceeding had begun be­ tional Electronic Development Corp. stantial and material difference between fore asserting its alleged need for pro­ would cause interference to the opera­ the proposals in the amount of AM pro­ tection. International’s engineering affi­ tion of the Environmental Science Serv­ graming to be duplicated. Shurtleff- davit indicates that if the existing FM ices Administration’s facilities at Table Schorr proposes to duplicate 50 percent Station KRNW in Boulder were to oper­ Mountain, Colo.; and, if so, whether of the time while Cornbelt proposes to ate as a maximum Class C facility, it such interference would impair the use­ duplicate only about 17.21 percent of the would greatly exceed the ESSA criteria; fulness of that facility. time. Therefore, programing evidence that TV channels 12 and 14 are assigned The burden of proceeding with the will be admissible under the standard to Boulder, and ESSA has not objected; introduction of evidence under the added comparative issue. that there is one standard broadcast and issue will be on the petitioner herein, 4. Since the transmitter Shurtleff- four television stations now placing and the burden of proof will be on the Schorr proposes to use is not type signals in excess of ESSA’s maximum applicants for their respective proposals. accepted, if its application is granted, a condition regarding submission of type tolerable field strength criteria at the Adopted: April 27,1967. Table Mountain site; and that there are acceptance data will be attached. six Class C FM broadcast and two VHF Released: May 2,1967. 5. Each of the applicants is qualified television stations which could place F ederal Communications to construct and operate as proposed. signals in excess of 10 mv/m at Table Commission, However, because of their mutually ex­ Mountain if they were to operate at [seal] B en F. W aple, clusivity, the Commission is unable to maximum facilities. Thus, International Secretary. make a statutory finding that a grant of the subject applications would serve the concludes, the subject petition is pro- [F.R. Doc. 67-5051; Filed, May 4, 1967; cedurally defective and ESSA has not 8:48 aon.] public interest, convenience, and neces­ established a “substantial likelihood” of sity, and is of the opinion that they must proving its allegations. be designated for hearing in a consoli­ 4. We agree with International that [Docket No. 16674; FOC 67M-701] dated proceeding on the issues set forth the requirements of § 1.229 apply to in- SANTA ROSA BROADCASTING CO., below. tervenors as well as other parties, and It is ordered, That, pursuant to section the fact that an intervenor did not enter INC. 309(e) of the Communications Act of a proceeding until after the time for Order Continuing Prehearing 1934, as amended, the applications are filing- a motion to enlarge issues had Conference designated for hearing in a consolidated elapsed does not toll the running of the proceeding, at a time and place to be 15 days specified by the rule. However, In the matter of revocation of license specified in a subsequent order, upon the the cases cited by International (see note of Santa Rosa Broadcasting Co., Inc., following issues: 3, supra) also make it clear that this for standard broadcasting station 1. To determine which of the proposals factor is to be considered in determin­ WSRA, Milton, Fla., Docket No. 16674. would better serve the public interest. ing whether good cause for late filing is On the Examiner’s own motion: It is 2. To determine in the light of the evi­ present. In resolving this close question, ordered, That the prehearing conference dence adduced pursuant to the foregoing we find it significant that ESSA’s right now scheduled for May 11, 1967, is con­ issue, which of the applications for con­ to intervene in this proceeding was not tinued to May 19, 1967. struction permit should be granted. definitely decided until February 15, Issued: April 26, 1967. It is further ordered, That, in the event 1967,4 and the subject petition was filed Released: April 28, 1967. of a grant of the application of Shurtleff- 9 days later. This fact, considered in Schorr Broadcasting Corp., the construc­ light of ESSA’s explanation that the de­ F ederal Communications tion permit shall contain the following lay was occasioned by technical diffi­ Commission, condition: Permittee shall submit suffi­ culties and the serious public interest [seal] B en F. Waple, cient data in accordance with § 73.250 of question raised in the petition, per­ Secretary. the Commission’s rules for type accept­ suades us that good cause for the late [F.R. Doc. 67-5052; Filed, May 4, 1967; ance of its transmitter. filing exists. As to the merits of the re­ 8:48 a.m .] It is further ordered, That to avail quest, it appears that ESSA is attempt­ themselves of the opportunity to be ing to limit the number of high level heard, the applicant, pursuant to § 1.221 signals which could result in harmful [Docket Nos. 17409, 17410; FCC 67-515] (c) of the Commission’s rules, in person interference to its research programs. SHURTLEFF-SCHORR BROADCASTING or by attorney shall, within twenty (20) It acknowledges the existence of a num­ CORP. AND CORNBELT BROAD­ days of the mailing of this order, file ber of signals which already exceed its with the Commission in triplicate, a writ­ criteria. However, as revealed in Inter­ CASTING CORP. ten appearance stating an intention to national’s affidavit, these signals are not Order Designating Applications for appear on the date fixed for the hearing as high as the one International’s pro­ Consolidated Hearing on Stated and present evidence on the issues speci­ posal would place (127 mv/m as com­ fied in this order. pared to 30 mv/m of Station KLZ—TV, Issues It is further ordered, That the appli­ Denver, Colo.) over the Table Mountain In reapplications of Shurtleff-Schorr cants herein shall, pursuant to section site; and there has been no allegation Broadcasting Corp., Lincoln, Nebr., 311(a) (2) of the Communications Act of refuting the alleged adverse effect of Docket No. 17409, File No. BPH-5106, 1934, as amended, and § 1.594 of the these signals upon the research pro­ requests: 107.3 me, No. 297; 100 kw(H); Commission’s rules, give notice of the grams. We are therefore of the opinion 34.29 kw(V); 109 ft.; and Cornbelt hearing, either individually or, if feasible that an issue inquiring into this matter Broadcasting Corp., Lincoln, Nebr., ______j-x__x __ixi, 4-v«s> inline lnintlV. is warranted. Docket No. 17410, File No. BPH—5424, re­ within the time and in the manner pre­ Accordingly, it is ordered, That the quests: 107.3 me, No. 297; 50 kw; 205 ft.; scribed in such rule, and shall advise the motion to enlarge issues, filed on Feb­ for construction permits. Commission of the publication of suen ruary 24, 1967, by the Environmental 1. At a session of the Federal Com­ notice as required by § 1.594 of the rules. Science Services Administration, De­ munications Commission held at its partment of Commerce, is granted; and offices in Washington, D.C., on the 26th Released: May 2, 1967. that the issues in this proceeding are day of April 1967; F ederal Communications enlarged by the addition of the follow­ 2. The Commission has under con­ Commission,1 ing issue: To determine whether the pro­ sideration the above captioned and de­ [seal] B en F. Waple, posals of Russel Shaffer and Interna- scribed applications which are mutually Secretary. exclusive in that operation by the appli­ [F.R. Doc. 67-5053; Filed, May 4, 1967; cants as proposed would result in 8:49 a.m .] 4 international’s petition for reconsidera­ mutually destructive interference. tion of the Examiner’s initial order permit­ 1 Commissioners Lee and W adsworth ab­ ting intervention was filed 1 day after that 3. Consideration of the programing order was released. proposals is required because of the sub­ sent. FEDERAL REGISTER, VOL. 32, .NO. 87— FRIDAY, MAY 5, 1967 NOTICES 6951

[Canadian Change List 225] CANADIAN BROADCAST STATIONS SMALL BUSINESS List of Changes, Proposed Changes, and Corrections in Assignments ADMINISTRATION A p r il 17, 1967. [Declaration of Disaster Area 611] Notification under the provision of Part HI, section 2 of the North American Regional Broadcasting Agreement. MISSOURI List of changes, proposed changes and corrections in assignment of Canadian Declaration of Disaster Area Broadcast Stations modifying Appendix containing Assignments of Canadian Stations (Mimeograph No. 47214-3) attached to the Recommendation of the North Whereas, it has been reported that American Regional Broadcasting Agreement Engineering Meeting. during the month of April 1967, because of the effects of certain disasters, dam­ Expected date of age resulted to residences and business Call letters Location Power kw Antenna Sched­ Class commencement of ule operation property located in Sullivan County, in the State of Missouri; IttO kilocycles Is Whereas, the Small Business Admin­ CKDA (notification Victoria, B.C______50k w______DA-1 U n EIO. 4-15-68. istration has investigated and received Is for change in location and in­ other reports of investigations of »con­ creased power ditions in the area affected; from that notified on List No. 216). Whereas, after reading and evaluating reports of such conditions, I find that the conditions in such area constitute F ederal C ommunications a catastrophe within the purview of the C o m m is s io n , [seal] B e n F . W a p l e , Small Business Act, as amended. Secretary. Now, therefore, as Administrator of the [P.B. Doc. 67-5048; Piled, May 4, 1967; 8:48 a.m.] Small Business Administration, I hereby determine that: Aktiebolaget Svenska Amerika Linien (Swed­ 1. Applications for disaster loans un­ ish American Line), Certificate No. P-16. der the provisions of section 7(b)(1) of FEDERAL MARITIME COMMISSION Alaska Cruise Lines, Ltd., Certificate No. the Small Business Act, as amended, REDERIAKTIEBOLAGET CLIPPER ET AL. P-17. may be received and considered by the “Italia” Società’ Per Azioni Di Navigazione Office below indicated from persons or Security for Protection of Public; In­ (“Italia” Steamship Corp.) (Italian Line), firms whose property, situated in the demnification of Passengers for Certificate No. P—18. aforesaid county and areas adjacent Den norske Amerikalinje A/S (Norwegian Nonperformance of Transportation thereto, suffered damage or destruction America Line), Certificate No. P-19. resulting from tornado and accompany­ Notice is hereby given that pursuant The Cunard Steam-Ship Co., Ltd. (Cunard), Certificate No. P-20. ing conditions occurring on or about to the provisions of section 3, Public Law Evangeline Steamship Co., S.A., Certificate April 22, 1967. 89-777 (80 Stat. 1357, 1358) and Federal No. P-21. Office Maritime Commission General Order 20 Companhia Colonial de Navegacao (C.C.N. Small Business Administration Regional (46 CFR Part 540) that a Certificate of The Portuguese Line), Certificate No. P-22. Office, 911 Walnut Street, Kansas City, Financial Responsibility for Indemnifi­ Home Lines, Inc. (Home Lines), Certificate Mo. 64106. cation of Passengers for Nonperformance No. P -23. of Transportation has been issued to the Matson Navigation Co./The Oceanic Steam­ 2. Applications for disaster loans un­ following (all effective on May 5, 1967) : ship Co. (Matson Lines), Certificate No. der the authority of this Declaration will P -24. not be accepted subsequent to November Rederlaktiebolaget Clipper (Clipper Steam­ Delta Steamship Lines, Inc. (Delta Line), ship Co.) (Clipper Line), Certificate No. Certificate No. P—25. 30, 1967. P-2. American Export Isbrandtsen Lines, Inc., Dated: May 1, 1967. Okeania S.A. (C h an d ris L in e s), C ertificate Certificate No. P-26. No. P-3. Compagnie Française de Navigation (Paquet B ernard L . B o u t in , The Peninsular & Occidental Steamship Co. Lines), Certificate No. P-27. Administrator. (P & O Steamship Co.), Certificate No. P-4. Transoceanic Navigation Corp. (Greek Line), [F.R. Doc. 67-5082; Filed, May 4, 1967; Klosters R ederi A /S , C ertificate No. P -5. Certificate No. P-28. 8:46 a.m .] Victoria S team sh ip Co., L td . (In cres L in e ), Transatlantic Shipping Corp. (Greek Line), Certificate No. P-6. Certificate No. P—29. Compagnie G e n e r a 1 e T ra n s a tla n tiq u e American President Lines, Ltd. (APL), Cer­ (French Line), Certificate No. P—7. tific a te No. P -30. Norddeutscher Lloyd (North German Lloyd) The Chesapeake and Ohio Railway Co., Cer­ FEDERAL POWER COMMISSION (NDL, NGL), Certificate No. P-8. tificate No. P-31. [Docket Nos. CS67-74 etc.] Holland-Amerika Linjn, N. V. Nederlandsch- Zim Israel Navigation Co., Ltd. (Zim Line), Amerikaansche Stoomvaart-Maatschappij Certificate No. P-32. MRS. R. G. BEACH ET AL. (Netherlands American Steamship Co.) Themistocles Navegación S.A. (National Hel­ (Holland-America Line), Certificate No. lenic American Line), Certificate No. P-33. Notice of Applications for “Small P-9. Grace Line, Inc., Certificate No. P-34. Producer” Certificates 1 N. V. Mailschip Rotterdam (Mailship Rotter­ Moore-McCormack Lines, Inc., Certificate No. dam, Inc.) (H olland-A m erica L in e ), C er­ P -35. A p r il 28, 1967. tificate No. P-10. Compania Transatlantica Española, S.A. Take notice that each of the Appli­ Jugoslavenska linijska plovidba—Rijeka (Yu­ (Spanish Line), Certificate No. P-36. cants listed herein has filed an appli­ goslav L ines) (Ju g o lin ija ) (Y u g o lin e), The Peninsular and Qrlental Steam Navi­ Certificate No. P-11. cation pursuant to section 7(c) of the gation Co. (P & O Lines), Certificate No. Natural Gas Act and § 157.40 of the reg­ The New Zealand Shipping Co., Ltd., Certifi­ P -37. cate No. P - 1 2 . ulations thereunder for a “small pro­ United S tates L ines, In c. (U n ited S ta te s State of Alaska, Certificate No. P-38. ducer” certificate of public convenience Uines), C ertificate No. P -13. Dated: May 1,1967. and necessity authorizing the sale for Giacomo C osta F u A ndrea (C osta L ine) resale and delivery of natural gas in (Linea "C”), Certificate No. P-14. T h o m a s L i s i , Europa-Canada Linie G.m.b.H., Bremen (Eu- Secretary. 1This notice does not provide for consol­ rope-Canada Line) (ECL Shipping Co.), [F.R. Doc. 67-5042; Filed, May 4, 1967; idation for hearing of the several matters Certificate No. P-15. 8:47 ajn.] covered herein, nor should it be so construed.

FEDERAL REGISTER, VOL 32, NO. 97— FRIDAY, MAY 5, 1967 6952 NOTICES interstate commerce from the Permian of Tenneco, Inc, (Applicant), Post Office pursuant to section 203 of the Federal Basin area of Texas and New Mexico, all Box 2511, Houston, Tex. 77001, filed in Power Act authorizing it to purchase cer­ as more fully set forth in the applica­ Docket No. CP67-303 an application pur­ tain electric utility distribution system tions which are on file with the Commis­ suant to section 7 (c) of the Natural Gas properties of the city of Kewaunee, Wis. sion and open to public inspection. Act for a certificate of public conven­ Applicant is incorporated under the Protests or petitions to intervene may ience and necessity authorizing the sale laws of the State of Wisconsin and has be filed with the Federal Power Commis­ of quantities of natural gas, all as more its principal place of business in Mil­ sion, Washington, D.C. 20426, in accord­ fully set forth in the application which waukee, Wis. Applicant owns and op­ ance with the rules of practice and pro­ is on file with the Commission and open erates utility properties and furnishes to public inspection. electric service to customers in 22 cedure (18 CFR 1.8 or 1.10) on or be­ counties in Wisconsin and one county fore May 22,1967. Specifically, Applicant seeks authori­ Take further notice that, pursuant to zation to deliver to Algonquin Gas Trans­ in Michigan. Applicant makes sales of the authority contained in and subject mission Co. (Algonquin) up to 8,160 Mcf electric energy at wholesale to nine to the jurisdiction ponferred upon the of natural gas per day through an exist­ municipally owned electric distribution Federal Power Commission by sections ing connection between their respective utilities including present sales to the 7 and 15 of the Natural Gas Act and the pipeline systems near Mahwah, N.J., for municipally owned electric distribution Commission’s rules of practice and pro­ the account of Central Hudson Gas and system in the city of Kewaunee. The city cedure, a hearing will be held without Electric Co. (Central). Algonquin will of Kewaunee is engaged in the distribu­ further notice before the Commission then transport and deliver equal tion of electric energy to approximately on all applications in which no protest quantities of natural gas to Central at 1,100 customers in the city of Kewaunee, or petition to intervene is filed within a point of connection at Somers, N.Y. Kewaunee County, Wis. the time required herein, if the Commis­ Applicant states that Central is an ex­ The electric utility distribution system sion on its own review of the matter be­ isting customer and that Central will properties proposed to be purchased by lieves that a grant of the certificates accept the natural gas into its system the Applicant consists of the entire elec­ is required by the public convenience and for distribution and consumption by the tric distribution system of the city, but necessity. Where a protest or petition ultimate consumer. does not include an ornamental street for leave to intervene is timely filed, or Applicant also states that it will not lighting system or the city’s diesel gen­ where the Commission on its own mo­ be required to construct any new facil­ erating plant. The cash consideration to tion believes that a formal hearing is ities to render the proposed service nor be received by the city in return for its required, further notice of such hearing will the rendering of said service jeop­ distribution system is approximately will be duly given. ardize its ability to render service pres­ $281,000. This amount represents repro­ Under the procedure herein provided ently authorized for its existing duction cost new less depreciation. The for, unless otherwise advised, it will be purchase price of $281,000 will be read­ customers. justed as of the date of closing to reflect unnecessary for Applicants to appear or Protests or petitions to intervene may be represented at the hearing. additions to and retirements of physical be filed with the Federal Power Commis­ property and plant since December 31, J oseph H. Outride, sion, Washington, D.C. 20426, in accord- 1966, each taken at book costs. Secretary. ' ance with the rules of practice and pro­ According to the application, Appli­ cedure (18 CFR 1.8 or 1.10) and the regu­ cant will continue the operation of the Docket No. Date Name of Applicant lations under the Natural Gas Act electric distribution system after the Filed (§ 157.10) on or before May 25, 1967. acquisition. Take further notice that, pursuant Any person desiring to be heard or to CS67-74___ 4-14-67 Mrs. R. G. Beach, 4 Sycamore to the authority contained in and subject Circle, Windsor, Conn. 06095. to the jurisdiction conferred upon the make any protest with reference to the CS67-75...... 4-14-67 Wm. C. & TheodosiaM. Nolan, application should on or before May 15, d.b.a. Munoco Co., c/o J. C. Federal Power Commission by sections 7 Harris, C.P.A., 308 Murphy 1967, file with the Federal Power Com­ Bldg., El Dorado, Ark. 71730. and 15 of the Natural Gas Act and the mission, Washington, D.C. 20426, peti­ CS67-76___ 4-17-67 CRA, Inc., Post Office Box Commission’s rules of practice and pro­ tions or protests in accordance with the 7305, Kansas City, Mo. 64116. cedure, a hearing will be held without CS67-77...... 4-17-67 McAlester Fuel Co., c/o Commission’s rules of practice and pro­ Charles Dillard, vice presi­ further notice before the Commission on dent, Post Office Box 10, this application if no protest or petition cedure (18 CFR 1.8 or 1.10). The appli­ Magnolia, Ark. 71753. cation is on file with the Commission CS67-78...... 4-17-67 J. M. Welbom, 404 Great Plains to intervene is filed within the time re­ and available for public inspection. Bldg., Lubbock, Tex. 79401. quired herein, if the Commission on its CS67-79...... 4-17-67 Jack Markham, 404 Great Plains Bldg., Lubbock, Tex. own review of the matter finds that a J oseph H. Gutride, 79401. grant of the certificate is required by the Secretary. CS67-80...... 4-17-67 John J. Christmann, 404 Great Plains Bldg., Lubbock, Tex. public convenience and necessity. If a [F.R. Doc. 67-5018; Filed, May 4, 1967; 79401. protest or petition for leave to intervene 8:45 a.m.] CS67-81...... 4-17-67 J. D. Hunter, trustee, 402 Midland N ationál Bank is timely filed, or if the Commission on its Bldg., Midland, Tex. 7970L own motion believes that a formal hear­ CS67-82...... 4-17-67 Petroleum Exploration, Inc., ing is required, further notice of such of Texas, Post Office Box 2009, Amarillo, Tex. 79105. hearing will be duly given. SECURITIES AND EXCHANGE CS67-83-.__ 4-18-67 A. R. Eppenauer, Post Office Under the procedure herein provided Box 278, Marfa, Tex. CS67-84...... 4-20-67 Rutter & Wilbanks Bios. for, unless otherwise advised, it will be COMMISSION (Operator) et al., 500 North unnecessary for Applicant to appear or Big Spring St., Midland, NORTHERN INSTRUMENT CORP. Tex. 79701. be represented at the hearing. CS67-85— - 4-21-67 U.S. Smelting, Refining & Order Suspending Trading Mining Co. c/o J. V. J oseph H. G utride, Neuman, Jr., vice president, ' Secretary. May 1, 1967. Post Office Box 1980, Salt Lake City, Utah 84110. [F.R. Doc. 67-5017; Filed, May 4, 1967; It appearing to the Securities and Ex­ 8:45 a.m.] change Commission that the summary [F.R. Doc. 67-5016; Filed, May 4, 1967; suspension of trading in the common 8:45 a.m.] stock of Northern Instrument Corp., [Docket No. E-7349] Babylon, N.Y., and all other securities oi WISCONSIN PUBLIC SERVICE CORP. Northern Instrument Corp. being traded [Docket No. CP67-303] otherwise than on a national swunties Notice of Application TENNESSEE GAS PIPELINE CO. exchange is required in the public inter­ April 28, 1967. est and for the protection of investors. Notice of Application Take notice that on April 17, 1967, It is ordered, Pursuant to section 15(0 April 27, 1967. Wisconsin Public Service Corp. (Appli­ (5) of the Securities Exchange Act “ cant) filed an application with the Fed­ 1934, that trading in such securities Take notice that on April 21, 1967, otherwise than on a national secunties Tennessee Gas Pipeline Co., a division eral Power Commission seeking an order FEDERAL REGISTER, VOL 32, NO. 87— FRIDAY, MAY ti, 1967 NOTICES 6953 exchange is summarily suspended, this 15 days from the date of publication of within 15 calendar days after the date order to be effective for the period May 2, this notice in the F ederal R egister. of notice of the filing of the application is published in the F ederal R egister. 1967, through May 11, 1967, both dates Long- and-S hort Haul inclusive. One copy of such protest must be served FSA No. 4f005—Superphosphate from on the applicant, or its authorized rep­ By the Commission. Geismar, La. Filed by O. W. South, Jr., resentative, if any, and the protests [seal] Orval L. D uB ois, agent (No. A5028), for interested rail must certify that such service has been Secretary. carriers. Rates on superphosphate, in made. The protest must be specific as to IF.R. Doc. 67-5031; Piled, May 4, 1967; carloads, as described in the application, the service which such protestant can 8:46 a.m.] from Geismar, La., to points in western and will offer, and must consist of a trunkline territory. signed original and six copies. Grounds for relief—Rate relationship. A copy of the application is on file, and [Pile PTo. 1-4617] Tariff—Supplement 12 to Southern can be examined at the Office of the Sec­ Freight Association, agent, tariff ICC S- retary, Interstate Commerce Commis­ CAMP CHEMICAL CO., INC. 642. sion, Washington, D.C., and also in the Notice of Application To Withdraw FSA No. 41006—Pulpboard or fiber- field office to which protests are to be From Listing and Registration board from West Point, Va. Filed by transmitted. Traffic Executive Association—Eastern May 1, 1967. Railroads, agent (E.R. No. 2886), for Motor Carriers of P roperty In the matter of Camp Chemical Co., interested rail carriers. Rates on pulp- No. MC 200 (Sub-No. 219 TA), filed Inc., Common Stock, Pile No. 1-4617. board or fiberboard, n.od.b.n., in carloads, April 27, 1967. Applicant: RISS & COM­ The above named issuer has filed an from West Point, Va., to Chicago, HI., PANY, INC., 903 Grand Avenue, Temple application with the Securities and Ex­ and points taking same rates. Building, Post Office Box 2809, Kansas change Commission pursuant to section Grounds for relief—Market competi­ City, Mo. 64106. Authority sought to op­ 12(d) of the Securities Exchange Act tion. erate as a common carrier, by motor ve­ of 1934 and Rule 12d2-2(d) promulgated Tariff—Supplement 81 to Traffic Ex­ hicle, over irregular routes, transporting: thereunder, to withdraw the specified ecutive Association—Eastern Railroads, Prepared foodstuffs, from Dover, Del., to security from listing and registration agent, tariff ICC C-366. points in Illinois, Indiana, Kansas, Ken­ on the National Stock Exchange. FSA No. 41007—Coarse grains from tucky, Ohio, Michigan, and Missouri, for The reasons alleged in the application points in Missouri. Filed by Southwestern 180 days. Supporting shipper: General for withdrawing this security from list­ Freight Bureau, agent (No. B-8970), for Foods Corp., 250 North Street, White ing and registration include the interested rail carriers. Rates on coarse Plains, N.Y. 10602. Send protests to: following: grain and articles taking same rates, in Vernon Coble, District Supervisor, Inter­ carloads, from Dalton, Keytesville, and state Com m erce Commission, 1100 The reasons advanced by the com­ Federal Office Building, 911 Walnut, pany are as stated in its application Salisbury, Mo., to points in Arkansas. dated April 25, 1967, which is on file Grounds for relief—Rate relationship, Kansas City, Mo. with the Commission. The information and grouping. No. MC 17379 (Sub-No. 10 TA), filed has been disseminated to the stockhold­ Tariff—Supplement 113 to Southwest­ April 28, 1967. Applicant: M & M ers. Of a total of 398,782 shares outstand­ ern Freight Bureau, agent, tariff ICC TRUCKING CO., a corporation, 1103 ing, only about 23 percent remain in the 4494. East Poland Avenue, Bessemer, Pa. 16112. hands of the public. FSA No. 41008—Soda ash to Fairburn, Applicant’s representative: Henry M. Ga. Filed by Traffic Executive Associa­ Wick, Jr., 1515 Park Building, Pittsburgh, Any interested person may, on or be­ tion—Eastern Railroads, agent (E.R. No. Pa. 15222. Authority sought to operate fore noon, May 11,1967, submit by letter 2885), for interested rail carriers. Rates as a contract carrier, by motor vehicle, to the Secretary of the Securities and on soda ash, dense, in bulk in covered over irregular routes, transporting: Exchange Commission, Washington 25, hopper cars, and soda ash, in bulk, in Cement, in bulk, from Painesville, Ohio, D.C., facts bearing upon whether the covered hopper cars, in carloads, from application has been made in accord­ to points in Crawford, Erie, Warren, and specified points in Michigan, New York, McKean Counties, Pa., and Chautauqua, ance with the rules of the Exchange and Ohio, to Fairburn, Ga. and what terms, if any, should be im­ Allegany, and Cattaraugus Counties, Grounds for relief—Market competi­ N.Y., restricted to service to be performed posed by the Commission for the protec­ tion. tion of investors. An order granting the Under continuing contract or contracts Tariff—Supplement 14 to Traffic Ex­ with Bessemer Cement . Co., Division application will be issued after the date ecutive Association—Eastern Railroads, mentioned above, on the basis of the Diamond Alkali Co., for 150 days. Sup­ application and any other information agent, tariff ICC C-334. porting shipper: Bessemer Cement Co., furnished to the Commission, unless it By the Commission. division of Diamond Alkali Co., 800 Stam- orders a hearing on the matter. baugh Building, Youngstown, Ohio 44503. [seal] H. N eil Garson, Send protests to: Gasper Piovarchy, Jr., For the Commission (pursuant to dele­ Secretary. District Supervisor, Interstate Commerce gated authority). [F.R. Doc. 67-5055; Filed, May 4, 1967; Commission, Bureau of Operations, 2109 [seal] Orval L. D uBois, 8:49 a.m.] Federal Building, 1000 Liberty Avenue, Secretary, Pittsburgh, Pa. 15222. [F.R. Doc. 67-5058; Filed, May 4, 1967; [Notice 377] No. MC 29566 (Sub-No. JL25 TA), filed 8:49 a jn .] April 28, 1967. Applicant: SOUTH­ MOTOR CARRIER TEMPORARY WEST FREIGHT LINES, INC., 1400 AUTHORITY APPLICATIONS Kansas Avenue, Kansas City, Kans. 66105. Authority sought to operate as a May 2, 1967. common carrier, by motor vehicle, over INTERSTATE COMMERCE The following are notices of filing of irregular routes, transporting: Meat applications for temporary authority products and meat byproducts, from COMMISSION under section 210a(a) of the Interstate Beardstown, HI. to points in Iowa, Kan­ fourth s e c t io n applications Commerce Act provided for under the sas, Nebraska, and Missouri, for 180 days. FOR RELIEF new rules of Ex Parte No. MC 67 (49 CFR Supporting shipper: Oscar Mayer & Co., Part 340) published in the F ederal R eg­ Inc., Madison, Wis. Send protests to: May 2, 1967. ister, issue of April 27, 1965, effective Protests to the granting of an appli- July 1, 1965. These rules provide that Vernon Coble, District Supervisor, In­ wion must be prepared in accordance protests to the granting of an application terstate Commerce Commission, 1100 with Rule 1.40 of the general rules of must be filed with the field official named Federal Office Building, 911 Walnut, Practice (49 CER 1.40) and filed within in the F ederal R egister publication, Kansas City, Mo. 64106.

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 No. 87- 6954 NOTICES No. MC 116063 (Sub-No. 101 TA), filed La. 70121; Atlas Steel & Wire Corp., Jersey, for 150 days. Supporting shipper: April 27, 1967. Applicant: WESTERN- Post Office Box 53372, New Orleans, La. Cee-Mor Sales Corp., 43-01 Bell Boule­ COMMERCIAL TRANSPORT, IN C., 70150; and Southeast Steel & Wire Corp., vard, Bayside, Long Island, N.Y. Send Post Office Box 270, 2400 Cold Spring Post Office Box 10313, New Orleans, La. protests to: Robert E. Johnston, District Road, Port Worth, Tex. 76101. Authority 70121. Send protests to: W. R. Atkins, Supervisor, Interstate Commerce Com­ sought to operate as a common carrier, District Supervisor, Interstate Com­ mission, Bureau of Operations, 346 by motor vehicle, over irregular routes, merce Commission, Bureau of Opera­ Broadway, New York, N.Y. 10013. transporting: Dry Fertilizer and dry fer­ tions, T-4009 Federal Office Building, No. MC 129041 TA, filed April 28, 1967. tilizer ingredients, in bulk, and anhy­ 701 Loyola Avenue, New Orleans, La. Applicant: ROGER L. MARQUARDT, drous ammonia, in bulk, in tank vehicles, 70113. doing business as MARQUARDT from Luling, La., to Marianna, Fla., and No. MC 128095 (Sub-No. 2 TA), filed TRUCKING SERVICE, Rural Route 3, points in Alabama and Mississippi, for April 27, 1967. Applicant: ALVIN C. Parkston, S. Dak. 57366. Authority 180 days. Supporting shipper: Monsanto HALE TRUCKING CO., INC., Route 5, sought to operate as a common carrier, Co., 800 North Lindberg Boulevard, St. Pontotoc, Miss. 38863. Applicant’s repre­ by motor vehicle, over irregular routes, Louis, Mo. 63166. Send protests to: Billy sentative: James N. Clay M , 2700 Ster- transporting: Used farm machinery and R. Reid, District Supervisor, Bureau of ick Building, Memphis, Tenn. 38103. implements, between Mitchell, S. Dak., Operations, Interstate Commerce Com­ Authority sought to operate as a common and points in Minnesota, Iowa, Wiscon­ mission, Room 9A27, Federal Building, carrier, by motor vehicle, over irregular sin, Illinois, Texas, Kansas, Oklahoma, 819 Taylor Street, Fort Worth, Tex. routes, transporting: New furniture and Nebraska, North Dakota, and New 76102. parts, materials, and accessories used in Mexico, for 180 days. Supporting ship­ No. MC 124078 (Sub-No. 273 TA), filed the manufacture of new furniture, from per: Mitchell Machinery, Mitchell, S. j April 27,1967. Applicant: SCHWERMAN Lincolnton, N.C., to Prairie, Miss., for Dak. 57301, Lyle Bordewyk. Send pro­ TRUCKING CO., 611 South 28th Street, 180 days. Supporting shipper: The Burris tests to: District Supervisor, J. L. Ham­ Milwaukee, Wis. 53215. Applicant’s rep­ Chair Co., Post Office Box 698, Lincoln­ mond, Interstate Commerce Commission, resentative: Richard H. Prevette (same ton, N.C. 28092. Send protests to: William Bureau of Operations, Room 369, Fed­ address as above). Authority sought to W. Garland, District Supervisor, inter­ eral Building, Pierre, S. Oak. 57501. ' operate as a common carrier, by motor state Commerce Commission, Bureau of By the Commission. Operations, 390 Federal Building, 167 vehicle, over irregular routes, transport­ [ se a l] H . N e il G arson, ing: Cement, in bulk, in tank vehicles, North Main, Memphis, Tenn. 38103. Secretary. from Senatobia, Miss., to points in Mis­ No. MC 128745 (Sub-No. 2 TA), filed sissippi and Tennessee, on traffic having April 28, 1967. Applicant: MIEDZIN- [F.R. Doc. 67-5056; Filed, May 4, 1967; a prior out-of-State movement by rail, SKI’S TRANSFER, INC., Park Avenue, 8:49 a.m .] for 150 days. Supporting shipper: United Leonardtown, Md. 20650. Applicant’s rep­ Cement Co., Post Office Box 175, West resentative: Oliver R. Guyther, Leonard­ [Notice 1513] Point, Miss. 39773 (Jack M. Reese, Vice town, Md. 20650. Authority sought to President and General Manager). Send operate as a contract carrier, by motor MOTOR CARRIER TRANSFER protests to: W. F. Sibbald, Jr., District vehicle, over irregular routes, transport­ PROCEEDINGS ing: v Telephone equipment, between Supervisor, Interstate Commerce Com­ May 2, 1967. mission, Bureau of Operations, 135 West Arlington, Va., on the one. hand, and, on Wells Street, Room 807, Milwaukee, Wis. the other, points in St. Mary’s and Cal­ Synopses of orders entered pursuant 53203. vert Counties, Md., for 180 days. Sup­ to section 212(b) of'the Interstate Com­ porting shipper: Western Electric Co., merce Act, and rules and regulations No. MC 124238 (Sub-No. 4 TA), filed prescribed thereunder (49 CFR Part April 28, 1967. Applicant: CEMENT Inc., 222 Broadway, New York, N.Y. TRANSPORTS, INC., 3300 Republic 10038. Send protests to: District Super­ 179), appear below: National Bank Building, Dallas, Tex. visor Robert D. Caldwell, Interstate Com­ As provided in the Commission’s spe­ 75201. Applicant’s representative: Wil­ merce Commission, Bureau of Opera­ cial rules of practice any interested liam D. White, Jr., 2505 Republic Nation­ tions, Room 1220, Washington, D.C. person may file a petition seeking re­ al Bank Tower, Dallas, Tex. 75201. Au­ 20423. consideration of the following numbered thority sought to operate as a common No. MC 128607 (Sub-No. 4 TA), filed proceedings within 20 days from the date carrier, by motor vehicle, over irregular April 28, 1967. Applicant: BOYD of publication of this notice. Pursuant routes, transporting: Cement, in bags, TRUCKING CO., First Street and Cem­ to section 17(8) of the Interstate Com­ boxed for export shipment, from plant- etery Lane, Post Office Box 577, Cotton­ merce Act, the filing of such a petition site of Longhorn Cement, Division Kaiser wood, Calif. 96022. Applicant’s represent­ will postpone the effective date of the „ Cement & Gypsum Corp. in San Antonio, ative: Marvin Handler, 405 Montgomery order in that proceeding pending its dis­ Tex., to Freeport, Tex., shipside, for 180 Street, San Francisco, Calif. Authority position. The matters relied upon by days. Supporting shipper: Longhorn sought to operate as a common carrier, petitioners must be specified in their Cement, Division of Kaiser Cement & by motor vehicle, over irregular routes, petitions with particularity. Gypsum Corp., Route 13, Box 714, San transporting: Wood chips, from Genes- No. MC-FC-69550. By order of April 26, Antonio, Tex. 78209. Send protests to: see, Calif. (16 miles southeast of Crescent 1967, the Transfer Board approved the E. K. Willis, Jr., District Supervisor, Mills) to Port of Sacramento, Calif., for transfer to Allen I. Koenig, doing busi­ ness as Midwest Harvestore Transport Interstate Commerce Commission, Bu­ 150 days. Supporting shipper: Plumas Lumber Co., Crescent Mills, Calif. 95934. Co., Rochester, Minn., of the operating reau of Operations, 513 Thomas Building, rights in certificates Nos. MC-117068, 1314 Wood Street, Dallas, Tex. 75202. Send protests to: District Supervisor William E. Murphy, Interstate Commerce MC-117068 (Sub-No. 2), and MC-117068 No. MC 127261 (Sub-No. 2 TA), filed (Sub-No. 5), issued March 31, 1959, No­ April 27,1967. Applicant: DIAZ MOTOR Commission, Bureau of Operations, 450 FREIGHT, INC., 2829 Frenchmen Street, Golden Gate Avenue, Box 36004, San vember 23, 1962, and December 7, 1965, Francisco, Calif. 94102. respectively, to Herbert H. Schultz, New Orleans, La. 70119. Authority sought doing business as Midwest Harvestore to operate as a contract carrier, by motor No. MC 128960 (Sub-No. 1 TA), filed April 27, 1967. Applicant: ARNOW Transport, Rochester, Minn., authoriz­ vehicle, over irregular routes, transport­ ing the transportation, over irregular ing: wire mesh, in rolls and sheets, and TRUCKING CORP., 466 Rockaway Park­ way, Brooklyn, N.Y. 11212. Applicant’s routes, of steel silos, component parts structural and reinforcing steel in lengths thereof, and certain equipment and ma­ up to and including 60 feet, from New representative: Martin Honig, 570 Sev­ enth Avenue, New York, N.Y. 10018. Au­ terials related thereto, and animal waste Orleans, La., to points within 565 miles storage tanks and spreader tanks, live­ in the States of Arkansas, Alabama, thority sought to operate as a contract carrier, by motor vehicle, over irregular stock scales, livestock feed bunkers, Florida, Georgia, Louisiana, Mississippi, forage metering devices, and soil saver, Tennessee, and Texas, for 180 days. routes, transporting: Appliances, from Garden City and Jamaica, N.Y., to points from Kankakee, 111., to points in Min­ Supporting shippers: Primary Steel, nesota, Iowa, North Dakota, and Sou Inc., Post Office Box 10393, New Orleans, in Pennsylvania, Connecticut, and New

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 NOTICES 6955 Dakota. Robert E. Swanson, 1211 South various commodities, including house­ and equipment used in the transporta­ Sixth Street, Stillwater, Minn., repre­ hold goods from Clarion, Pa., and points tion, care, and exhibition of such horses, sentative for applicants. within 25 miles thereof, on the one hand, and the personal effects of their attend­ No. MC-FC-69582. By order of April 25, and, on the other, points in six States ants, between the boundary of the United 1967, the Transfer Board approved the and the District of Columbia; general States and Mexico at a point on U.S. transfer to Osceola Transit, Inc., Osceola, commodities, from Clarion, Pa., to points Highway 101 about 1 mile south of San Ark., of the operating rights in permit within 25 miles of Clarion; and machin­ Ysidro, Calif., on the one hand, and, on No. MO-126189, issued May 6, 1965, to ery and accessories useful in the manu­ the other, points and places in Maricopa L. C. B. Young, L. C. B. Young, Jr., C. S. facture of glass and plastic containers, County, Ariz., and those in Imperial, Stevens, and Paul B. Billings, a partner­ between the plantsite of the Brockway Kern, Los Angeles, Orange, Riverside, ship doing business as Osceola Transit Glass Co., Brockway, Pa., to specified Sacramento, San Diego, San Francisco, Co., Osceola, Ark., authorizing the trans­ plantsites of this company in nine other San Joaquin, San Mateo, and Sonoma portation of: Vegetable oils and blends, States; the permit authorizes the trans­ Counties, Calif. James N. Edmunds, 676 from points in Mississippi County, Ark., portation of machinery and machinery Third Avenue, Chula Vista, Calif. 92010, to Points in Shelby Comity, Tenn. James parts between the plantsite of the Elliott attorney for applicants. N. Clay m , 2700 Sterick Building, Mem­ Co., Division of Carrier Corp., Jeannette, No. MC-FC-69590. By order of April phis, Tenn. 38103, attorney for appli- Pa., on the one hand, and, on the other, 26, 1967, the Transfer Board approved points in the United States, except the transfer to Paul E. Reed, doing busi­ No. MC-FC-69588. By order of April Alaska and Hawaii. Dual operations were ness as Punches Truck Line, Topeka, 25, 1967, the Transfer Board approved authorized. Jerome Solomon, 1302 Grant Kans., of the operating rights in certifi­ the transfer to Helen M. Shaw, doing Building, Pittsburgh, Pa. 15219, attorney cate No. MC-114752, issued June 25, 1956, business as Miller Transfer & Storage, for applicants. to Willis B. Vann, doing business as Vann Clarion, Pa., of the certificates in Nos. No. MC-FC-69589.' By order of April Truck Line, Lyndon, Kans., authorizing MC-87103 and MC-87103 (Sub-No. 4) 25, 1967, the Transfer Board approved the transportation of: General commodi­ and the permit in No. MC-119302, cer­ the transfer to James E. Mascari, doing ties, with the usual exceptions, between tificate MC-37103 issued in the name of business as Bob White’s Horse Transpor­ Joseph H. Shaw on July 18, 1962, and specified points in Kansas. Burns and tation, San Ysidro, Calif., of certificate Burns, Lyndon, Kans. 66451, attorney for certificate MC-87103 (Sub-No. 4) and the No. MC—106968 (Sub-No. 1), issued applicants. said permit both issued March 24, 1967, March 12,1948, to Robert B. White, doing to Joseph H. Shaw (Helen M. Shaw, Ex­ business as Bob White’s Horse Transpor­ [ s e a l ] H . N e il G a r so n , ecutrix) , doing business as Miller Trans­ tation, San Ysidro, Calif., authorizing the Secretary. fer & Storage, Clarion, Pa.; the certifi­ transportation of race horses, and in the [F.R. Doc. 67-5057; Filed, May 4, 1967; cates authorize the transportation of same vehicle with race horses, supplies, 8:49 a m .]

FEDERAL REGISTER, VOL. 32, NO. 87— FRIDAY, MAY 5, 1967 6956 NOTICES CUMULATIVE LIST OF PARTS AFFECTED— MAY

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

3 CFR Page 8 CFR—Continued Page 21 CFR Page P roclamation: P roposed R ules—Continued 2— ______3781______6757 343a______6781 8______121 —______Executive Orders: 343b______— 6781 — 6686, 6775 349______- 6781 141c______11136 (amended byEO 11349) _ 6759 499______6781 146c ______11007 (see EO 11349)______6759 191 ______11349______6759 9 CFR P roposed R ules: 8 ______5 CFR 203______6901 20 ______213______6901 42 - 550.______-______6674 10 CFR 120 ______—------6702 10______- ______6836 121______7 CFR P roposed R ules: 81______6673 25 6702 26 CFR 905______6930 26 ______6706 1 ______908______6930 95______6710 P roposed R ules: 910______6674 1 ------6691 1006______6763 1012______6835 12 CFR 28 CFR 509______6764 1096______6763 0______6930 1127______6835 541— ______- ______6769 1134______— 6835 542______6769 29 CFR 1483______6931 547 ______6769 465______1488______6836 548 ______6770 ______6840 549 ______6770, 6773 P roposed R ules: P roposed R ules: 1604______6941 52______6848 550 ______,______6771 551 ______6772 32 CFR 1030 ______6692 566______6773 1031 ______—— 6692 51______; 6777 1038 ______6692 P roposed R ules: 577______6931 1039 ______6692 19______l____ 6687 1810 ______6932 1045______6692 263______- _____ 6723 1051______>— 6692 308______6716 36 CFR 1060______6872 7— _ — ______6932 1063______6692 14 CFR 311 ______6933 1 _ __ 6905 38 CFR 8 CFR 23______6912 P roposed R ules: 3______6840 25______—_____ 6912 6841 100______6781 27______6914 17______101______6781 29______6914 39 CFR 103______6781 39______6674, 6675, 6914 6781 61 ______' 6905 P roposed R ules: 204______6701 211——____ 6781 7l" ______6676, 6837 132______212______6781 91______6906 6781 97______6915 42 CFR 213 ______6842 214 ______6781 135______6908 215—______6781 151______6925 221______6781 153___ 6925 43 CFR 99. ______6683 223______6781 P roposed R ules: 6781 P ublic Land Orders: 231______1____ 6938 __ V 6780 234 ______6781 39______6845 4152 (corrected)------235 ______6781 71______6845, 6846 6781 45 CFR ~ 236______9U ______6938 6684 238 ______6781 4 ______97 ______:____ 6938 QA1 _ 6685 239 ______6781 121—______6938 6781 242 ______135___ 6938 47 CFR 243 ______6781 233______6714 245______6781 2 ____ _ 6933 243—______6941 15 ____ _ 6933 248 ______6781 302_____ ;______6714 6781 73 ______6779, 6780 249 ______378______6847 6933 251 ______6781 ai __ 6781 a*; __ 6933 252 ______6937 253 ______6781 16 CFR Q1 __ 6781 roposed ule 264______13 _ 6676, 6677, 6836, 6837, 6926-6928 P R ^: 6942 292______6781 15" ______6929 Q7 299—______6781 312______6781 49 CFR 18 CFR _ 6780 316a______6781 101______- 6678 334______6781 141______'______6678 337______6781 339______6781 50 CFR 6781 19 CFR 6689 341—______1 3 343_____ — 6781 ______6838

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS • Messages to the Congress • Public speeches and letters • The President’s news conferences WWMUMmam PUBLIC PAPERS OF THE PRESIDENTS • Radio and television reports to §g I OF THE UNITED STATES the American people Lyndon B. Johnson • Remarks to informal groups

Containing the Public Messages, Speeches, and PUBLISHED BY Statements of the President Office of the Federal Register National Archives and Records Service General Services Administration

ORDER FROM Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402

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Volumes covering the administra­ tions of Presidents Truman, Eisen­ hower, Kennedy, and the first full Lyndon B. Johnson-1965 year of President Johnson are available at comparable _ prices from the Superintendent of Docu­ B o o k I J January 1-May 31, 1965) RR,CE ment^, U.S. Government Printing Office, Washington, D.C. 20402. B o o k II (June 1-December 31, 1965) $ 6 - 2 5 .V * EACH