FEDERAL REGISTER VOLUME 30 » NUMBER 179

Thursday, September 16,1965 • Washington, D.C. Pages 11823-11897

Agencies in this issue— The President Agricultural Research Service Agricultural Stabilization and Conservation Service Army Department Atomic Energy Commission Civil Service Commission Commerce Department Consumer and Marketing Service Customs Bureau Farm Credit Administration _ Federal Aviation Agency Federal Communicatiôns Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration National Park Service Securities and Exchange Commission . Small Business Administration Tariff Commission Veterans Administration Detailed list o f Contents appears inside. Latest Edition

Guide to Record Retention Requirements [Revised as of January 1, 1965]

This useful reference tool is designed keep them, and (3) how long they to keep industry and the general must be kept. Each digest also public informed concerning published includes a reference to the full text requirements in laws and regulations of the basic law or regulation govern­ relating to records-retention. It con­ ing such retention. tains about 900 digests detailing the retention periods for the many types of records required to be kept under The booklet’s index, numbering over Federal laws and rules. 2,000 items, lists for ready reference the categories of persons, companies, The “Guide” tells the user (1) what and products affected by Federal records must be kept, (2) who must record-retention requirements.

Price: 40 cents

Compiled by Office of the Federal Resister, National Archives and Records Service, General Services Administration

Order from Superintendent of Documents, U.S. Government Printins Office, Washington,D.C./20402

Published daily, Tuesday through Saturday (no publication on Sundays, Z ’naj on the day after an official Federal holiday), by the Office of the Federal Register, FEDEMLÄÄREGISTER Archives and Records Service, General Services Administration (mail address th0 Area Code 202 Phone 963-3261 -V'«» wteo»34 ¿y’- Archives Building, Washington, D.O. 20408), pursuant to the authority rontau^a «x _ Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B ), under regulations prescribed by tne a ^ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the supe of Documents, Government Printing Office, Washington, D.C. 20402. . navable in T h e F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per y^ff,_ ^ OJiey advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit cn order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. titles pur- The regulatory material appearing herein is keyed to the C ode of F ederal R e g u l a t io n s , which is published, un^ei"_„r1ntendent oi suant to section 11 of the Federal Register Act, as amended. The Code of F ederal R e g u l a t io n s is sold by the sup Documents, prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. regulations. There are no restrictions on the republication of material appearing in the F ederal R egister or the C ode o f F edera Contents

CUSTOMS BUREAU Charlottesville B ro a d c a stin g THE PRESIDENT Corp. (W IN A ) and W BXM Rules and Regulations Broadcasting Co., Inc.,______11894 PROCLAMATIONS Personal exemptions accorded re­ Domestic telegraph service____ 11894 National Employ the Physically turning residents; miscellaneous Emerald Broadcasting . Corp. Handicapped Week, 1965______11829 amendments- _ i ______11851 (KPIR) et al______d______11894 National Forest Products Week, Protests and reappraisement; United Broadcasting Co., Inc. 1965______11827 number of copies to be filed____ 11853 (WOOK) and Bowie Broad­ casting Corp______11894 EXECUTIVE AGENCIES DEFENSE DEPARTMENT West Central Ohio Broad­ See Army Départaient. casters, Inc______l______11895 AGRICULTURAL RESEARCH FARM CREDIT ADMINISTRATION FEDERAL POWER COMMISSION SERVICE Rules and Regulations Notices Rules and Regulations Production credit associations; in­ Pelican Utility Co. et al.; expira­ Viruses, serums, toxins and anal­ vestments and dividends______11847 tion of licenses______;______11885 ogous products; organisms and Texas Gas Transmission Corp 11887 vectors; disposition of animals FEDERAL AVIATION AGENCY used in experiment and re­ search______— ------11848 Rules and Regulations FEDERAL RESERVE SYSTEM Airworthiness directive; Mooney Notices AGRICULTURAL STABILIZATION Models M20 and M20A Series B T New York Corp.; application AND CONSERVATION SERVICE airplanes— ______— 11849 for approval of acquisition of Certification procedures for prod­ shares of banks.______11887 Rules and Regulations ucts and parts; corrections: Denver U.S. Bancorporation, Inc.; Wheat; county acreage allot­ Delegation option authorization hearing— ^______11887 ments for 1966 crop— ------— 11831 procedures______11849 Designated alteration station FEDERAL TRADE COMMISSION AGRICULTURE DEPARTMENT authorization procedures— 11849 See Agricultural Research Service; Restricted area; alteration______11850 Rules and Regulations Agricultural Stabilization and Transition areas: Prohibited trade practices; Inter­ Conservation Service. Alteration-—— ______i_____ 11849 state Training Service Corp. Designation______r______11849 et al— — ______11850 ARMY DEPARTMENT Proposed Rule Making Rules and Regulations Control zone; designation-______11874 FISH AND WILDLIFE SERVICE Claims against U.S.; marine casu­ Control zone, control area exten­ Rules and Regulations sion, and transition area; desig­ alties;__ J______.______— 11855 Hunting upland game; Reelfoot nation, alteration, and revoca­ National Wildlife Refuge, Ky., ATOMIC ENERGY COMMISSION tion______——____ — 11874 Transition area; alteration._____11875 et al— ______;______11860 Proposed Rule Making Financial protection requirements FEDERAL COMMUNICATIONS FOOD AND DRUG and indemnity agreements; res­ COMMISSION ADMINISTRATION toration of limit of liability Notices endorsement______11873 Rules and Regulations Drugs, new; approval of applica­ Notices Commonly used antenna struc­ tions______'______11884 Pacific Gas and Electric Co.; pro­ tures in Broadcast Services; posed issuance of amendment to responsibility for obstruction provisional operating license__11884 marking.^.______11859 HEALTH, EDUCATION, AND Table of assignments, FM broad­ WELFARE DEPARTMENT cast stations (3 documents)__ 11856- CIVIL SERVICE COMMISSION See Food and Drug Administra­ 11859 Rules and Regulations tion. Proposed Rule Making Suitability, adverse actions, and appeals; miscellaneous amend­ Frequenciès available for assign­ INTERIOR DEPARTMENT ment to operational fixed sta­ ments______11846 See Fish and Wildlife Service; tions outside continental limits Land Management Bureau; Na- COMMERCE DEPARTMENT of U.S. and adjacent waters____ 11881 v- tional Park Service. Frequencies available for public See also Maritime Administration. ship-shore use, vicinity of Bos­ Notices ton, Mass______11881 INTERNAL REVENUE SERVICE Assistant Secretary of Commerce Table of assignments: Rules and Regulations and Director of Economic Devel­ FM broadcast stations (2 docu­ Income taxes; adjustments to opment; designation and au­ ments)____ - ______— 11875,11877 basis of stock in controlled for­ thority— _____ 11892 Television broadcast stations (5 documents)— — _____ 11878-11880 eign corporations and of other property— ^ ------— — 11854 Notices CONSUMER AND MARKETING Proposed Rule Making SERVICE Mexican broadcast stations; Income taxes; liquidation of per­ Notices changes In assignments (2 docu­ ments) ______— 11895 sonal holding companies and Paris Stockyards, Inc., et al.; pro­ Hearings, etc.: certain other related matters__11862 posed posting of stockyards.___11883 Alabama Microwave, Inc— ___11893 ( Continued on next page) 11825 11826 CONTENTS

INTERSTATE COMMERCE MARITIME ADMINISTRATION SMALL BUSINESS COMMISSION Notices ADMINISTRATION Notices U.S. Pacific Coast/Southwest Asia Notices Finance applications..______11891 Trade Route; essentiality and Delegations of authority to con* Fourth section applications for U.S. flag service requirements__11892 duct program activities: relief______11890 Denver, Colo______11889 Motor carrier temporary authority NATIONAL PARK SERVICE San Diego, Calif------11888 applications______11891 Notices Railroads serving Louisiana and TARIFF COMMISSION Mississippi; diversion and re­ Northeast Regional Office, Penn­ Notices routing of traffic______11891 sylvania; horticulturist; author­ ity délégation ...... _____ S___11883 Wilton and velvet carpets and rugs; report to the President___11890 SECURITIES AND EXCHANGE LAND MANAGEMENT «UREAIT TREASURY DEPARTMENT COMMISSION See Customs Bureau; Internal Notices Rules and Regulations Revenue Service. Alaska; termination of amend­ Redesignation of certain rules____ 11851 VETERANS ADMINISTRATION ment of proposed withdrawal and reservation of lands.— ____ 11883 Notices Rules and Regulations Arizona; opening of public lands. 11883 Jersey Central Power & Light Co.; Adjudication; examinations and Montana; opening of public lands. 11883 issuance and sale of b o n d s ..... 11888 reexaminations ______11855

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, 1965, and specifies how they are affected.

3 CFR 10 CFR 26 CFR -11854 P roclamations : P r o p o s e d R u l e s : 3670 ______11827 1 4 0 ._ _ ._ _ _ _ ------— 11873 P r o p o s e d R u l e s : .11862 3671 ______118 29 * „ 1 4 C F R 21 (2 documents)______11849 32 CFR 5 CFR 3 9 ______— ______... _____ 11849 536______11855 731____ 11846 71 (2 documents)______;______11849 752____ 11846 73____— 11850 754__... 11846 P r o p o s e d R u l e s : 38 CFR 772____ 11846 71 (3 documents)______11874,11875 _____11855

1 6 C F R 6 CFR 47 CFR 13______. . . 11850 __ 11856-11859 50_____ 11847 73 (4 documents)------74 ______11859 1 7 C F R P r o p o s e d R u l e s : 7 CFR 240.— . ______. . . 11851 73 (7 documents)_____ 11875-11880 81 ____ 11881 728_____ 11831 1 9 C F R 83 ____ 11881 8 _ 1185191 „11881 9 _ 11851 9 CFR 10 ______11851 101______11848 17______11853 50 CFR __ 11860 103_____ 11848 20______11853 32______Presidential Documents

Title 3— THE PRESIDENT Proclamation 3670 NATIONAL FOREST PRODUCTS WEEK, 1965 By the President of the United States of America A Proclamation W H EREAS this Nation has been endowed with bountiful forest resources that yield the timber products that are essential to the growth o f our economy, the welfare of our people, and the development of our industries; and W H E R E A S these forests also contribute to the attainment o f a more beautiful and better way of life for our citizens by providing a place of natural retreat and a place for recreation; and W H E R E A S these forests provide other essential natural benefits in the form of watershed protection, forage, and wildlife habitat; and W H E REAS many communities of our country depend on the re­ sources of our forests for their livelihood and for the well-being of their people; and W H E R E A S the Congress, wishing to re-emphasize the importance and heritage o f our forest resources, has by the joint resolution of September 13, 1960 (74 Stat. 898) designated the seven-day period beginning on the third Sunday of October in each year as National Forest Products Week, and has requested the President to issue an annual proclamation calling for the observance of that week: NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby call upon the people of the United States to observe the week beginning October 17,1965, as N a­ tional Forest Products Week, with activities and ceremonies designed to direct public attention to the essential role that our forest resources play in stimulating the advancement of our rural economy and in the continued growth and prosperity of the entire Nation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal o f the United States of America to be affixed. DONE at the City of Washington this eleventh day of September in the year of our Lord nineteen hundred and sixty-five, [ s e a l ] and of the Independence of the United States of America the one hundred and ninetieth. L y n d o n B. J o h n s o n By the President: D e a n R u s k , Secretary of State. [F.R. Doc. 65-9879; Filed, Sept. 14,1965 ; 2: 22 p.m.] — Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11829

Proclamation 3671 NATIONAL EMPLOY THE PHYSICALLY HANDICAPPED WEEK, 1965 By the President of the United States of America A Proclamation During the twenty years since W orld W ar I I , this Nation has made giant strides in extending full opportunities to her handicapped citizens. In greater numbers than ever, the handicapped today are finding their rightful places in business and industry across the land. Record numbers o f the handicapped are being rehabilitated under Federal-State programs ; placements of the handicapped by public employment offices are at high levels; and the Federal Government has been employing the handicapped in greater numbers than before. A ll this is gratifying. America’s fine record of acceptance of the handicapped is one of the highlights of our time. Yet, we cannot be complacent. Although much progress has been made, the victory has not yet been won. There remains much fo r us to do. Many handicapped men and women, particularly those with more severe physical and mental disabilities, still remain outside the main­ stream of American life. The doors to employment remain closed to them not because o f their inability to work but because society has not fully recognized their abilities. America has not yet completely learned that thè handicapped can have as much ability as the able-bodied, and sometimes even more Working together, we can open new doors of opportunity for the handicapped. W e can broaden their vistas and raise their hopes. In so doing, we can strengthen our Nation, fo r our strength rests in the participation o f all our citizens and not just some o f our citizens. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States o f America, in consonance with the Joint Resolution of Congress approved August 11,1945 (59 Stat. 530), designating the first week o f October o f each year as National Employ the Physically Handicapped Week, do hereby call upon the people of our Nation , to observe the week beginning October 3, 1965, for such purpose. During that week I urge all the Governors of States, mayors of cities, and other public officials, as well as leaders o f industry, educa­ tional and religious groups, labor, civic, veterans’, agricultural, women’s, scientific, professional, and fraternal organizations, and all other interested organizations and individuals, including the handi­ capped themselves, to participate in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal o f the United States o f America to be affixed. DONE at the City of Washington this eleventh day of September in the year of our Lord nineteen hundred and sixty-five, and [ s e a l ] of the Independence of the United States of America the one hundred and ninetieth. L y n d o n B. J o h n s o n By the President:

D e a n R u s k , Secretary of State. [F.R. Doc. 65-9878; Filed, Sept. 14, 1965 ; 2:22 p.m.]

Rules and Regulations

classified as wheat or as mixed grain un­ (2) the acreage diverted from the pro­ der the official grain standards, and in duction of wheat on complying farms; Title 7— AGRICULTURE approved wheat mixture counties, a mix­ and (3) the acreage released for reap­ Chapter VII— Agricultural Stabiliza­ ture of wheat and other small grains portionment to other farms under regu­ tion and Conservation Service (Ag­ will not be counted as wheat if the mix­ lations issued by the Secretary govern­ ricultural Adjustment), Department ture contains (a) when seeded, less than ing the temporary release and reap­ of Agriculture 50 percent of wheat by weight and (b) portionment of such acreage. when harvested, produced less than 50 Adjustments for abnormal weather SUBCHAPTER B— FARM MARKETING QUOTAS percent of wheat by weight; (2) wheat conditions in county wheat acreage esti­ AND ACREAGE ALLOTMENTS used for cover crop will not be counted mates were considered only for those PART 728— WHEAT as wheat acreage in any county; and (3) comities for which the ASC State com­ the transferring of farm records of mittees had determined that the acreage Subpart— 1966-67 Marketing Year wheat acreage across county lines will classified as wheat, including acreage di­ be permitted for administrative pur­ verted from wheat, for the years 1955 Co u n t y A c r eag e A l l o t m e n t s f o r 1966 poses. For these reasons, acreage data through 1956 was below normal. Coun­ C r o p o f W h e a t obtained from farm surveys by ASC ties thus approved which had wheat § 728.306 Basis and purpose. county committees and from farm acre­ acreage plus diverted acreage for the age reports in the years 1955 through The county acreage allotments for 1966 year in question lower than the level rep­ 1964 were used as a basis for apportion­ crop wheat contained herein have been resented by 90 percent of the most recent ing the State allotment (less the reserves determined under section 334 of the previous normal year’s acreage or 110 described above) to counties in lieu of Agricultural Adjustment Act of 1938, as percent of the previous 10-year average estimates made by the Statistical Re­ amended. The purpose of this document wheat acreage plus diverted acreage, porting Service. For 1955, 1956, 1957, is to apportion among the counties of whichever was less, were increased to and 1962, the data compiled from the each State the respective State wheat such level as an adjustment for abnormal farm survey excluded the acreage of acreage allotments, less reserves for (1) weather. Determinations of such ad­ durum wheat seeded in excess of the new farms and (2) appeals, corrections justed acreages made for years prior to regular allotment under the provisions of and missed farms as recommended by 1957 were not revised even though minor Public Law 8, 84th Congress, Public Law the ASC State committee, for 1966 as es­ revisions were made in acreages of the 431, 84th Congress, Public Law 85-13, tablished by the proclamation dated “normal” years as a result of census re­ and Public Law 87-128, respectively. April 14,1965 (30 P.R. 5467). visions. No adjustments for abnormal Therefore, no further adjustment was Section 334(b) of the Agricultural Ad­ weather conditions were made in county necessary for this factor for these years. justment Act of 1938, as amended,-pro­ wheat acreages for the years 1957 The acreage data obtained from farm vides that the State acreage allotments through 1963 (except for counties in acreage reports for 1955 through 1964 for wheat, less a reserve of not to exceed Louisiana and Nevada as recommended were compiled in accordance with the 3 per centum'thereof for apportionment by the State committee) since the appli­ definitions of wheat acreage as set forth to farms on which wheat has not been cation of P.L. 86-172 and P.L. 86-793 in the regulations and were used as com­ planted during any of the three market­ minimized or eliminated the needs for piled. ing years immediately preceding the weather adjustments for such years. Credit for wheat diversion in 1955 was marketing year in which the allotment is The 1957 wheat acreage data as com­ computed on a farm basis rather than on made, shall be apportioned among the piled from ASCS statistics included the a county basis and was determined as counties in the State on the basis of the following as wheat acreage: (1) Acreage follows: For this year, if the farm acreage seeded for the production of actually seeded on the farm and classi­ wheat acreage allotment was knowingly wheat during the 10 calendar years im­ fied as wheat under marketing quota exceeded, no credit for diversion was al­ mediately preceding the calendar year in regulations, less the acreage of Durum lowed. If the allotment was not know­ which the national acreage allotment is Wheat (Class II) grown within the allot­ ingly exceeded and the wheat acreage determined (plus, in applicable years, ment increases under Public Law 85-13; was 90 per centum or more of the farm the acreage diverted under previous ag­ (2) the amount by which the acreage allotment, the diversion credit allowed ricultural adjustment and conservation on a farm was less than wheat acreage was the difference between the base acre­ programs), with adjustments for abnor­ allotment, except for those farms under- age and the wheat acreage, if the mal weather conditions and trends in planting the allotment for the purpose wheat acreage was less than 90 per acreage during such period and for the of depleting stored excess; (3) the acre­ centum of the allotment, the maximum promotion of soil conservation practices. age diverted from the production of diversion credit for the farm was de­ The applicable 10-year period used in ap­ wheat on complying farms; and (4) the termined by dividing the wheat acreage portioning the 1966 State wheat acreage acreage released for reapportionment to by 90 per centum of the county proration allotments among the counties in the re­ other farms under regulations issued by factor and subtracting from this result spective States included the years 1955 the Secretary governing the temporary through 1964. the wheat acreage. Credit fox wheat diversion in 1956 was release and reapportionment of such Section 301 (c) of the act requires that computed on a farm basis in a similar acreage. » Use of this 1957 acreage data the latest available statistics of the Fed­ manner as for 1955, except that 75 per precluded the necessity of making any eral Government be used in making the centum was used in all computations in­ adjustments for abnormal weather con­ apportionments required to be made stead of 90 per centum. ditions. under the act. Estimates of county The acreages for 1955 and 1956, in­ Section 334 of the Agricultural Adjust­ acreage seeded to wheat made by the cluding diversion credit on a farm basis, ment Act of 1938, as amended, was Statistical Reporting Service of the De­ were obtained as the sum of the acreages ri3?'1?®1^ of Agriculture do not meet the amended by Public Law 85-203, to add recorded on the farm record card in 1960 the following: definitions of wheat acreage as con­ for each such year. The acreage thus tained in the regulations pertaining to used for 1955 and 1956 included the fol­ Notwithstanding any other provision of wheat acreage allotments for the years lowing as wheat acreage: (1) Acreage law, no acreage in the commercial wheat- 111 the base period. Such regulations actually seeded on the farm and classified producing area seeded to wheat for harvest as grain in 1958 or thereafter in excess of Provide that: (1) Wheat seeded in mix­ as wheat under marketing quota regu­ tures with other small grains will be acreage allotments shall be considered in lations, less the acreage of Durum Wheat establishing future State and county acreage counted as wheat acreage if the har­ (Class II) grown within the allotment allotments except as prescribed in the pro­ vested mixture in counties other than increases under Public Law 8, 84th Con­ visos to the first sentence of subsection (a) approved wheat mixture counties is gress and Public Law 431, 84th Congress; and (b), respectively, of this section. No. 179------2 11831 11832 RULES AND REGULATIONS

Under the provisions of this amend­ (2) For 1964 the wheat acreage allot­scribed above, for the 10-year period, ment, only the allotment can be counted ment for all farms on which the allot­ 1955-64 inclusive, was determined. as wheat acreage history on any farm on ment was overseeded, or considered over­ (2) The simple average of the annuii which the allotment is overseeded. The seeded under section 728.10(f) (3) of the wheat acreages, adjusted as described 1958 wheat acreage data compiled from regulations pertaining to farm acreage above, for the 5-year period 1960-64, was Agricultural Stabilization and Conserva-x allotments, small farm bases and normal determined. tion Service statistics was the sum of the yields for 1964 and subsequent crops of (3) A simple average of the 10-year following: wheat. average and the 5-year average was de­ (1) The wheat acreage allotment for 43) For 1959, 1960, 1961, 1962, and termined giving equal weight to each. ah farms on which the allotment was 1963, the wheat base acreage on all farms This acreage became the preliminary overseeded; on which the allotment was overseeded adjusted county base acreage of wheat, (2) The wheat base acreage on all on which the entire amount of the mar­ (4) A preliminary adjustment for farms complying with the wheat acreage keting excess was stored or delivered to trend was mafie by deducting from the allotment, except those farms under- the Secretary to avoid or postpone pay­ county wheat acreage history, as com­ planting the wheat allotment for the ment of penalty and none of such stored puted in accordance with the preceding purpose o f depleting stored excess; and excess has been depleted, or the farm paragraphs, the wheat acreage history ( 3 ) For those farms underplanting the marketing excess was adjusted to zero for the years 1955 through 1958 for those allotment for the purpose of depleting because.of underproduction; farms which have been removed from stored excess, the acreage actually classi­ (4) The wheat base acreage on all agricultural production due to the ex­ fied as wheat under marketing quota farms complying with the wheat acre­ pansion of urban and industrial develop­ regulations, plus .the diversion credit de­ age allotment except for 1959, those ment. Such adjustments were not made termined by multiplying the acreage farms underplanting the allotment for for 1959,1960, 1961,1962, 1963, and 1964, seeded by the reciprocal of the county the purpose of depleting stored excess of because the farm data for these years re­ proration factor. a prior crop and except for 1960, 1961, flected such adjustments. Section 334 of the Agricultural Adjust­ 1962, 1963, and 1964, those farms other (5) As a further adjustment for trend ment Act of 1938, as amended, was than federally owned farms on which the and to give appropriate effect to the amended by Public Law 86-419, to add acreage classified as wheat acreage was sharp changes in county seeded acreages the following: less than 75 per centum of the farm of wheat during recent years, the pre­ (d) For the purpose of subsection (a), wheat acreage allotment for the year liminary adjusted county base acreages (b), and (ç) of this section, any farm (1 ) involved and for each of the two pre­ were limited to an acreage of not less to which, a wheat marketing quota is appli­ ceding years;, than 80 percent nor more than 12Q per­ cable; ( 2 ) on which the acreage planted to (5) For 1959 those farms underplant­ cent of the 4-year (1961-1964) average wheat exceeds the farm wheat acreage allot­ ing the allotment for the purpose of de­ acreage. ment; and (3) on which the marketing ex­ pleting stored excess, the acreage actu­ Since the farm data for the years 1956 cess is zero, shall be regarded as a farm on which the entire amount of the farm mar­ ally classified as wheat under 1959 mar­ through 1964 as currently constituted on keting excess has been delivered to the Sec­ keting quota regulations in this part, the farm rècord cards were used in de- retary or stored in accordance with appli­ multiplied by the reciprocal of the coun­ termining the county base acres, no cable regulations to avoid or postpone the ty allotment apportionment factor; and adjustments were necessary for transfers payment of the penalty. This subsection (6) For 1960, 1961, 1962, 1963, and of farms into or out of the county. shall be applicable in establishing the acre­ 1964, for any old farm other than a fed­ If the sum of the county base acreages age seeded and diverted and the past acre­ erally owned farm on which less than thus established differed from the State age of wheat for 1959 and subsequent years in apportionment of allotments beginning 75 per centum of the* farm acreage allot­ base established for the apportionment with the 1961 crop of wheat. For the pur­ ment for the year involved and each of of the national allotment to States, all pose of clause ( 1) of this subsection, a farm the two preceding years was actually preliminary county base acres were fac­ with respect to which an exemption has been planted to wheat or regarded as planted tored pro rata so that the sum of the granted under section 335(f) for any year to wheat under the Soil Bank Act, Great county base acres equaled the State base shall not be regarded as a farm to which Plains program, and Cropland Conver­ acres. a wheat marketing quota is applicable for sion Program, the smaller of the farm The resultant preliminary 1966 county such year, even though such exemption should become null and void because of a base acreage for 1960; 1961, 1962, 1963, base acreages as adjusted for trend in violation of the conditions of the exemption. or 1964, as applicable, or the acreage accordance with the above formula were obtained by multiplying the wheat acre­ reviewed by the respective State Agri­ Under the provisions of this amend­ age for such year by the county wheat cultural Stabilization and Conservation ment and under the exception as pre­ diversion factor, which was the recipro­ Committees and, where recommended, scribed in the prévisions to Public Law cal of a decimal fraction equal to 75 per appropriate adjustments were made to 85-203 only the allotment can be counted centum of the county proration factor give greater effect to actual trends in as wheat acreage history on any farm for such year. county wheat history acreages and for on which the allotment is overseeded, (7) The 1962 wheat history acreage the promotion of soil-conservation prac­ unless the entire amount of the market­ was adjusted pursuant to the provisions tices. Only downward adjustments were ing quota excess is stored or delivered to of section 334(e) of the Act, as amended permitted for the promotion of soil-con­ the Secretary to avoid or postpone the by section 125 of the Agricultural Act of serving practices. The maximum ac­ payment of penalty, and none of such 1961, in order that the acreage of in­ ceptable adjustment for any county was excess has been depleted, or the excess creased allotments for the production of limited to three percent of the prelimi­ has been adjusted to zero because of Durum Wheat (Class II) in the States nary base acreage for the county or 500 underproduction. and counties of North Dakota, Minne­ acres, whichever was the larger. The 1959, 1960, 1961, 1962, 1963, and sota, Montana, South Dakota, and Cali­ If such county adjustments were not 1964 wheat acreage data compiled from fornia, would not be taken into account compensating, the base acreage for all Agricultural Stabilization and Conser­ in the determination of future State, counties were factored, pro rata, so that vation Service statistics was the sum of county, and farm allotments. the sum of the county base acreages, in­ the following : To determine for each county the acre­ cluding such adjustments, equaled the U> For 1959, 1960, 1961, 1962,' and age seeded for the production of wheat base acreage originally determined for 1963, the wheat acreage allotment for during the ten calendar years immedi­ the State. all farms on which the allotment was ately preceding the year 1965, in addi­ The 1966 State wheat acreage allot­ overseeded, except those farms on which tion to the foregoing adjustments for ment less (1) a reserve acreage for new the entire amount of the marketing ex­ diverted acres and abnormal weather, farms not in excess of three per centum cess was stored or delivered to the Sec­ the following additional adjustments for of the State acreage allotment, and (2) retary to avoid or postpone the payment trends, abnormal weather, and promo­ a reserve acreage for appeals, correction of penalty, and none of such stored ex­ tion of soil-conservation practices were cess has been depleted, or the marketing made: of errors, and missed farms as recom­ excess was adjusted to zero because of (1) The simple average of the annualmended by the ASC State committee, underproduction ; county wheat acreages, adjusted as de­ was apportioned pro rata to counties on Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11833 the basis of the final 1966 county base the production of wheat during the pre­ Accordingly, the county allotments acreages. ceding ten years. In order for a county herein shall become effective upon publi­ Section 334(a) of the Agricultural Ad­ in 1966 located in a wheat producing area cation in the F e d e r a l R e g is t e r . justment Act of 1938, as amended, states to receive additional allotment acreage in part, “The national acreage allotment under this provision, the State committee § 728.307 Wheal acreage apportioned to for wheat, less a reserve of not to exceed was required to establish that a definite counties fo r 1966. one per centum thereof for apportion­ delineable area of the county had gone A labama ment as provided in this subsection and into the production of wheat during the ten calendar years ending with 1965. less the special acreage reserve provided Acreage County for in this subsection, shall be appor­ A review of wheat acreages in the apportioned reserve for tioned by the Secretary among the sev­ States of Florida, Louisiana, Nevada, Counties to counties appeals and from State corrections eral States * * *. The reserve acreage and the six New England States, as re­ allotments set aside herein for apportionment by ported for the ten-year period. 1954-63 the Secretary shall be used to make al­ for each county, showed that several District 1 lotments to counties, in addition to the counties were in need of additional al­ Colbert.. 8,307 lotment acres. Fayette.. 48 county allotments made under subsec­ Franklin. 461 tion (b) of this section, on the basis of It was determined that additional al­ Lamar... 60 the relative needs of counties for addi­ lotment from the national reserve would Marion... 140 tional allotment because of reclamation be apportioned to counties, by use of the District t and other new areas coming into the difference between the sum of 1966 farm Lauderdale. 8,249 production of wheat during the ten cal­ bases in each county and the county base Lawrence.. 4,336 endar years ending with the calendar acreage determined in accordance with Limestone. 2,437 the foregoing, and then factoring such Madison.... 2,682 year in which the national acreage allot­ Marshall__ 77 ment is proclaimed.” difference* in acreage by the national ap­ Morgan____ 025 portionment factor of 0.60094 to obtain The special acreage reserve of not in District tA excess of one million acres, as deter­ the amount of the additional allotment Bibb...______14 for each county. Blount___ ... ____ ... 68 mined by the Secretary to be desirable Chilton______20 for the purposes thereof, is to be used If the sum of 1966 farm bases was less Cullman.______21 to make additional allotments to coun­ than the 1966 approved county base Jefferson______.l.__ 84 acreage, or the State ASC committee ad­ Saint Clair______23 ties on the basis of the relative needs of Shelby____ ,______77 counties, as determined by the Secretary, justed the base acreage determined for Walker__...... ______60 a county downward, the county was not for additional allotment to make adjust­ District 8 ments in the allotments on old wheat considered as an area in need of addi­ Calhoun__ ... ______87 tional allotment from the national re­ Cherokee______1,011 farms (i.e., farms on which wheat has Cleburne______130 been seeded or regarded as seeded to one serve. Eight counties in Nevada, eight­ De K alb..._____ .___ 107 een counties in Florida, and three coun­ Etowah.....______60 or more of the three crops immediately Jackson..______286 preceding the crop for which the allot­ ties in Louisiana, and two counties in ment is established) on which the ratio Rhode Island were qualified to receive District 4 additional allotment from the national Green©.....___ .__ ___ 11 of wheat acreage allotment to cropland H M e ...... ______276 on the farm is less than one-half the reserve. Marengo______.___ _ 28 The tables contained in § 728.307 here­ Pickens______141 average ratio of wheat acreage allotment Sumter...... ______66 to cropland on old wheat farms in the of show the apportionment of the 1966 Tuscaloosa____ ;____ _ 48 State wheat acreage allotment to coun­ county. Such adjustments shall, not . District 5 provide an allotment for any farm which ties, except that for the State of New Autauga______083 would result in an allotment-cropland Hampshire. Also, apportionment from Dallas....:___ .... __ 664 the national reserve acreage to counties Elmore______i 380 ratio for the farm in excess of one-half Lowndes______... 206 Is included. The reserve acreage for of such county average ratio and the Montgomery______701 new farms and the reserve for appeals, Perry______130 total of such adjustments in any county corrections of errors and missed farms Wilcox— .'.------— 18 shall not exceed the acreage made avail­ withheld from the State allotment are District 6 able therefor in the county. Such ap­ Chambers______374 listed at the end of the allotment tabu­ Clay.— ...... ----- 54 portionment from the special acreage lation for each State. The reserve acre­ Coosa______14 reserve shall be made only to counties age withheld by county committees for Lee------188 Macon---- . — — —. 163 where wheat is a major income-produc­ appeals, corrections of errors, and missed Randolph— — . ___ 168 farms prior to apportioning the county Russell.______.... 27 ing crop, only to farms on which there Talladega..__ ...... 237 is limited opportunity for the production allotment to individual farms is indi­ Tallapoosa. 48 cated in the appropriate column on the of an alternative income-producing crop, tabulation. District 7 and only if an efficient farming operation Baldwin...— . __ 6,630 Prior to determination of county acre­ Clarke______103 on the farm requires the allotment of Mobile..— ------267 age allotments for the 1966 crop wheat, Washington...------260 additional acreage from the special acre­ public notice (March 18, 1965, 30 F.R. age reserve. For the purposes of making District 8 3601) was given in accordance with the Conecuh...__ _ 103 adjustments from the special acreage Administrative Procedure Act (5 TJ.S.C. Covington______130 reserve the cropland on the farm shall Crenshaw______27 1003). No data, views, or recommenda­ Escambia______060 not include any land developed as crop­ tions pertaining to the determination of Monroe— . —— 40 land subsequent to the 1963 crop year. county acreage allotments for 1966 crop District 9 The amount of the special reserve acre­ wheat, were submitted pursuant to such Barbour.______—... ----- 42 Bullock______v 20 age was determined to be 70,000 acres notice. Coffee______141 (30 F.R. 5467), which will be appor­ Dale— . - — — ------... 264 Wheat farmers need to be notified of Geneva______644 tioned to qualifying counties as soon as farm wheat acreage allotments which Henry— 1— — ------. — 276 the needs for adjustment in old farm Houston___ — ------660 are based upon the county allotments Pike...... ------— 126 allotments are known. Therefore, no apportioned to States from the national Total to counties.___ 46,481 apportionment from the special reserve allotment prior to the planting of the will be made at this time. 1966 crop of wheat in the winter wheat Reserve for new farms..— 160 Reserve for appeals, correc­ A national reserve acreage of 14,393 area; therefore, it will be impracticable tions, and missed farms... 100 acres was withheld for apportionment to to publish these county allotments 30 State total______— 45,731 counties having new areas coming into days In advance of their effective date. 11834 RULES AND REGULATIONS

A rizona A r k ansas— Continued Colorado—Continued

Acreage County Acreage County apportioned Acreage County reserve for apportioned reserve for apportioned Counties to counties appeals and Counties reserve for to counties appeals and Counties to counties appeals and from State corrections from State corrections allotments from State corrections allotments allotments

Districts District 9 District 1—Continued Apache______92 5 Ashley______31 Coconino. .... _ .... 2,136 5 Chicot______571 Rio Blanco___ Mohave. ... 388 2 Desha______5,130 235 Routt______20,524 Navajo______1,054 5 Drew______16 Yavapai______1,241 Jefferson______77 District S Lincoln.....______55 Boulder______District B 9,186 Jefferson______7,076 Maricopa______12,439 5 Total to counties______61,752 Pinal...... Larimer______19,033 10,351 15 Logan______Reserve for new farms____ 117,989 15 Morgan______53,824 District 7 Reserve for appeals, correc­ Sedgwick______Yuma...... 8,408 tions, and missed farms____ 54,887 60 Weld...... 164,439 Districts State total...... 61,827 District S Cochise___ i______739 10 Delta______Graham.______47 2 699 Garfield______. 3,716 Greenlee______49 1 California Pima...... Mesa______1,094 282 10 Montrose______Santa Cmz 4 3,244 District 1 District 4 Total to counties______37,230 65 Chaffee______1 65 Mendocino______. 671 Reserve for new farms______Eagle...... 221 Pitkin______91 Reserve for appeals, correc- District S Teller______tions, and missed farms_____ 30 7 Shasta______1,093 District B State total______37,260 Siskiyou...... 17,190 Adams______115,233 Arapahoe______District S 55,277 Arkansas Cheyenne______123,936 Lassen______6,090 Douglas ______■:______Modoc...... 9,141 14,997 Elbert...... 56,183 Plumas______:______506 District 1 El Paso______13,352 Benton______Kiowa______194,901 1,646 District 4 Kit Carson______Boone______120 Alameda...... 213,815 1,092 Lincoln______120,801 Carroll____ .______i, 96 Contra Costa...... LH 2 Madison______Phillips______97,027 168 Lake ______209 Washington______Newton______2 Marin______205,259 368 Yuma______124,409 Washington...______415 Monterey _ .... . 14,570 Napa__ ".______73» Districts Districts Sari Benito______1,039 Dolores...... 24,564 Baxter...... 65 San Luis Obispo______81,113 Cleburne..______Montezuma . .. 17,255 16 San Mateo______26 Ouray______Fulton______i. 60 Santa Clara...... 577 58 San Miguel______2,727 -N Izard______17 Sonoma______284 Marion______21 Searcy...______..... 57 District 7 District B Alamosa. .... 561 Sharp_____.__ 4______79 Butte______6,888 S t o n e . ______h Archuleta______1,200 172 Colusa______5,938 Conejos....______Van Buren...'.______30 949 Glenn______2,914 Costilla______641 Sacramento______15,164 La Plata______16,716 District $ Solano______11,501 Clay______4,563 Rio Grande______2,107 Sutter______14,601 ------469 Craighead______,____ 579 Tehama______1,659 Greene______837 Yolo...... 9,442 District 8 Independence______4,430 Yuba...... 1,109 Jackson___:___;______1,607 Bent______25,723 Crowley______8,992 Lawrence___ -jsjz______1,202 District BA 269 Mississippi....______i. 11,449 Fresno______. 12,876. Poinsett...______1,202 Fremont______479 Kern______32,921 Otero______1,647 Randolph___...______'_a. 1,137 Kings______1,054 White....__.....______... 498 136,505 Madera______8,727 14,246 Merced______2,457 District 4 San Joaquin... . ._ 8,146 Crawford______1,859 Districts Stanislaus______068 221,115 Franklin__...... ___ ;___ 298 Tulare...... 22,997 Johnson______816 4,038 Las Animas...... 17,160 Logan______1,460 District 6 Polk...... HI ______5 Alpine______4 2,318,798 Pope______1,099 Amador______174 Sebastian______426 Inyo...... 4 Yell...... 717 200 Mariposa______9» Reserve for appeals, correc- Mono ...... _ 7 209 District B Placer.__ 8,829 Conway______1,436 Sierra______250 2,319,207 Faulkner____&£____ 223 Tuolumne______5 Garland______11 Hot Spring______14 District 8 Perry____ ,______300 Imperial______1,566 • Connecticut Pulaski______2,711 Los Angeles______23,049 Saline______4 Orange______428 Riverside...... ______15,435 2 District 6 San Bernardino ...... 37 60 San Diego..:______523 16 Arkansas______606 Santa Barbara______7,214 39 Crittenden....'. 6,015 Ventura______666 37 Cross______2,433 34 Lee______1,667 Total to counties...... 358,197 Windham______17 Lonoke___..... 507 205 Monroe______97 Reserve for new farms 100 Total to counties...... Phillips-__ .... 1,926 Reserve for appeals, correc­ 5 Prairie______-. 382 tions, and missed farms____ 50 Saint Francis__ 3,849 Reserve for appeals, correc­ 10 Woodruff...... 1,493 State total______358,347 tions, and missed farms...... DistrictT 220 Colorado ----- » Hempstead.. 10 Lafayette___ 7 Delaware Little River.. 20 District 1 Miller______5 Grand...... 792 Montgomery. 2 Jackson __ _ 412 District S Sevier______1 Moffat______29,095 New Castle....___ _ 8,934 t Thursday, September 16, 1965 FEDERAL REGISTER 11835

D elaw ar e—Continued G eorgia—C ontinued Georgia—C ontinued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Comities to counties appeals and Counties to counties appeals and Counties to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

District 5 District t—Continued District 7—Continued Kent------10,267 Hall— ...... __ .... 416 Stewart______50 Jackson______...... 2,440 Sumter...... 1,805 District 8 Lumpkin___ _.______20 TerreU______*______... 271 Sussex...-----— ------*04 Oconee—...... ______2,132 Thomas ...... 70 Pickens______81 Webster______01 Total to counties.___ 23,605 Towns______s_____ . ___ .., 50 Union______125 District 8 Reserve for new farms.____ Walton______... 1,561 Ben Hffl...... 24 Reserve for appeals, correc­ White___... ______33 Berrien______2 tions, and missed farms.. Brooks...... 31 District S Coffee______72 State total..____ —. 23,670 Banks. 861 Cook______3 Elbert. 2,184 Crisp______459 j ran Klin...... 3,116 Dooley______1,044 Florida Habersham______71 Irwin______4 Hart______4,460 Lowndes______24 Lincoln...______212 Telfair...... 16 Acreage County Madison______7,127 Tift...... 22 appor- reserve ADDor- Oglethorpe______4,618 Turner ' ...... 162 tioned to for ap- tionment Rabun______7 Wilcox______208 Counties counties peals and from the Stephens______'____ 302 Worth...... ______00 from corree- National Wilkes______570 State al- tions Reserve District 9 lotments District 4 Appling 33 CarroU______584 Bacon—____ '______3 Clayton______103 Bryan______5 District 1 Coweta______206 Chatham______4 Douglas______00 Evans..;______39 Calhoun_____? ojw'ioi 478 357 Tattnall______'___ 21 Escambia - • 6,005 966 105 Toombs______... 59 Gadsden___ jS__ 64 85 Holmes.. H B B 65 432 Total to counties______00,331 559 77 1,328 Jefferson_. . . . . ’ BMW 78 368 Reserve for new farms______100 Leon 6 3 1,760 Reserve for appeals, correc­ Liberty______,___ _ 38 1 160 tions, and missed farms____ 50 Okaloosa______1,227 500 Santa Rosa. _ . _ 1 761 842 State total .... v90,481 Walton_____ '—1 _i •_ 106 208 Washington ____ 34 7 050 Talbot______101 I daho District 8 Taylor______196 Troup...... 32 Baker______3 4 274 Columbia. .. 228 District 1 Hamilton . . . • 136 Benewah______•______17,317 Lafavette____ 26 14 34 Bonner .. . . _ 029 Madison .____ 1,160 Bibb 509 Boundary______7,419 Suwannee '543 85 302 Clearwater, i ...... 6,699 Butts______1,010 Idaho______52,619 District 6 Crawford______082 Kootenai ...... 21,580 D o d ge..______151 Latah______58,672 Alachua____ 291 158 266 Lewis...... 36,113 Gilchrist 284 53 194 No * Perce ...... 57,225 Levy...______472 106 4,397 Marion...... 28 366 District 7 Sumter... 2 1 658 Ada _ ...... 4,124 48 769 Total to counties. 13,673 1,880 1,502 Boise______327 194 Canyon ...... 12,131 Reserve for new farms 75 26 Elmore...... 6,137 Reserve for appeals. Morgan______660 Gem ...... 1,430 corrections and 389 3,891 missed farms.. 75 1,934 Payette 3,661 611 Valley______!_____ 406 State total 13,823 117 Washington ...... 15,228 Rockdale______172 121 District 8 Geoboia Treutlen______46 Blaine ...... * r 6,354 68 29,360 Washington...... 3,258 Cassia______i______: 54,989 Acreage County 770 Gooding______5,837 apportioned reserve for Wilkinson 125 Jerome—______10,432 Counties to counties appeals and Lincoln______8,621 from State corrections District 6 Minidoka______. 19,294 aUotments 100 Twin Falls___ ■______28,217 1,089 Candler...... 44 District 9 .. ^ District 1 Bannoek...... 44,103 Bartow... Columbia______166 1,754 31 19,546 Catoosa 173 45,532 Ohattooga. 506 136 425 Bonneville______... 79,935 62 Butte______8,585 Eloyd...... 9,247 458 271 Caribou...... 44,949 Gordon 401 Clark ...... 4,736 Murray B 247 782 603 Custer______1,512 ...... - _____ Franklin 30,671 irOlk__ 167 248 666 1,178 Fremont 42,871 Walker. 406 Jefferson ...... 24,059 Whitfield 764 District 7 Temhi 852 103 Madison...... 42,858 91 Oneida..______60,596 Barrow 732 Power ...... 82,803 Gherokee.. 106 85 Decatur______- _ :______17 Teton, ... i . . 25,694 Cobb.. ------1,371 Dougherty______588 62 Total to counties..;_____ 1,029,083 Lawson. ------717 162 108 Ge Kalb___ Reserve for new farms... _...... 400 Fannin %------~ 03 Lee______377 14 Miller______165 Reserve for appeals, correc­ Eorsyth... "------tions, and missed farms____ 1,000 Eulton ------297 MitcheU...... 17 187 13 7 Randolph...______.. State total...... 1,030,483 Gwinnett. 280 000 Seminole______104 11836 RULES AND REGULATIONS

I n d ian a—Continued ILUN0I8 I l l in o is —Continued

Acreage Acreage County Acreage County apportioned pportioned reserve for apportioned County reserve for ppeals and Counties o counties reserve for Counties to counties appeals and Counties o counties a from State from State corrections rom State tppeals and corrections allotments allotments corrections allotments

District 7—Continued District 1 District 9 1,348 5 Edwards______8,776 20 Knox______.. 26,542 208 1 Franklin______14,378 30 Martin______1,540 563 . 5 Gallatin______6,401 30 Pike______5,993 7 Hamilton.. . . ______9,325 20 Posey______i. 19,691 2,419 5 Hardin______115 2 Spencer____ „. 10,930 1,002 5 Jeflerson______14,786 30 Sullivan_____ 15,895 713 5 Massac______2,491 5 Vanderburgh. 9,231 1,284 5 Pope___ :______1,483 4 Warrick____ 1. 7,278 623 5 Saline______9,963 20 124 3 Wabash______10,972 25 Di»trict8 2,804 10 Wayne______11,894 25 Brown_____ 231 813 5 White...... 20,008 40 Crawford—.,------1,605 Floyd------1,163 Harrison------— 5,769 District S 1,179,540 2,504 257 Jackson____ i____ — 12,718 1,244 5 Reserve for new farms______600 Lawerence.—. -----— 2,245 434 3 Reserve for appeals, correc- Monroe_____ -,------790 2,056 4 tions, and missed farms------250 Orange______— 2,618 502 5 Perry------—— 3,628 1,595 5 State total...... — L 180,290 Washington...... — 7,230 573 5 District 9 2,653 5 5,072 1,367 10 INDIANA Clark..______,.___ 1,169 4 Dearborn__ — — i 4,238 Franklin------—— 11,433 Will ...... ——______5,715 15 District 1 Jefferson... — ---- — 4,526 9,959 26 Jennings.— 7,031 832 26,933 70 Jasper...... —„ ...... 12,012 53 Ohio______— ------5,465 10 Lake ...... — ------8,483 25 Ripley______12,503 12,315 26 La Porte______25,371 100 Scott______— 3,247 18,019 40 Newton______7,366 20 Switzerland.——— . 1,767 14,221 38 3,344 15 Porter______2,856 1,826 5 Pulaski______11,649 31 Total to counties. 884,019 7,752 37 - 8,169 20 350 11,427 30 White...... - ___ -...... 10,359 50 Reserve ior new farms— ------732 5 Reserve for appeals, correc­ District 2 tions and missed farms—— 350 9,609 26 District ¿4 884,719 13,843 25 8,579 35 State total. 3,491 25 Elkhart______13,773 40 16,277 25 Fulton______— ------8,460 23 40,507 27 13,420 50 I ow a 18,928 40 Marshall______11,438 35 15,454 30 8,092 25 34,886 40 St. Joseph______16,013 50 District 1 11,147 30 Lyon______11 43,148 90 Wabash______7 31,868 64 Osceola----- .... — District S Palo Alto..______1 24,526 50 665 18,645 25 Adams______9,262 35 Plymouth.—— . - 20,146 65 Pocahontas..------— 5 32,804 70 Allen------1 11,865 25 De Kalb...... — 13,239 35 Sioux______—... 8,381 25 District X District 5 12,288 60 4,304 50 Noble.—___ — ...... 10,991 . 60 16,212 35 Steuben______8,600 25 Cerro Gordo. 3,109 30 Wells...... — 7,920 21 Floyd___—— 16,287 35 Whitley______8,687 25 Hancock— 2,215 Kossuth...... 26,963 55 District 4 Winnebago__ 12,682 25 Clay______11,483 32 Worth—___ U 6,706 15 Fountain______13,262 45 Wright_____ 472 Montgomery...... 12,257 33 14,648 20 2,676 10 District S 2,151 10,360 27 6,899 20 Allamakee... 16,367 50 Black Hawk. 24,367 50 Vermillion------7,930 25 Bremer— — 484 10 10,479 40 Buchanan___ 9,714 20 11,269 29 Chickasaw— 6,009 40 Clayton_____ 659 District 6 Delaware__— 12,601 25 D ubuque..- 32,822 70 Bartholomew______17,580 50 6,070 20 District 4 District A 12,821 34 6 55 Audubon------40 18,906 40 Decatur______20,901 12 9,426 26 8,460 23 Calhoun...... - — <—r------Carroll...... -— ------21 18,737 37 Hamilton______7,661 20 234 5 , f -kti 12,588 30 8,098 21 Crawford...------Greene— ------6 10,671 25 Hendricks______7,335 20 300 "& 14,526 60 Howard______8,373 25 Guthrie------15 Harrison------*------13,602 21,634 50 10,059 27 23 13,904 30 10,426 28 Ida— ------12,969 20 4,916 15 Monona------Fayette.— — ------—— 18,059 40 Marion_____ ...— ------— 15 15,823 35 Morgan______6,267 20 Sac------79 15,993 25 Rush______18,642 49 Shelby—.— — ...... 4,641 So 15,470 30 Shelby______16,483 80 Woodbury.-—— ------30 Tipton______7,114 19 13,151 District S •8,874 20 9 26,526 55 District 6 Boone______—— ------— 243 3 2,223 15 Dallas_____ — ------13 8,106 40 Hamilton------—------533 is 3,943 10 Fayette______8,065 21 Jasper______-— — ;------11 26,-981 52 Henry------8,115 22 Marshall------1,393 ÌÓ 14,072 30 Jay...... ------—-— 7,831 25 Polk...... — 45 1,33t Randolph------10,445 30 Poweshiek------60 29,211 Union______8,824 25 Story------— 21 14,267 20 Wayne______11,614 31 Tama_____ r.r------3,06t Districts 27,48i District 7 145 40 Benton------— St. Clair.—. __ ... __ — ------48,041 15,023 24 5,057 Dubois______- 10,225 30 Cedar— — ------——------— 51 42,075 84 17,89- 47 Clinton...... ——------49 Washington______- Iowa______;..— — i ------Williamson______3, 94( 10 8,614 40 Thursday, September 16, 1965 FEDERAL REGISTER 11837

I o w a—Continued K a n s as— Continued K entucky— Continued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Counties to counties appeals and Counties to counties appeals and Counties to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

District 5—Continued District X—Continued District X—Continued Jackson----- 1 Rooks______127,589 Crittenden...... 1,128 Johnson___ 26 Smith______98,592 Daviess...... 4,585 Jones____ - 29 Washington...... 75,717 Hancock . . 1,139 Ltnn_...... 57 Henderson______3,280 Muscatine- 714 Hopkins,______3,341 Scott______130 Barton_____ ... ______215,109 Logan...... 13,027 Dickinson______128,406 McLean______1,777 District 7 Ellis...... 136,836 Muhlenberg______2,026 Adair...... 127, 5 Ellsworth 104,846 Ohio ...... ”. 777 Adams------938 15 Lincoln______■_...... 103,933 Simpson______9,268 Cass.....I—;—ì------868 10 McPherson.. 180,637 Todd______!______9,022 Fremont______9,051 50 Marion...... 107,307 Union______6,731 Mills______8,161 50 Rice______148,520 Webster______4,239 Montgomery------3,061 25 Rush..______166,621 ... 5,338 20 Russell______...... 136,865 District S East Pottawattamie.. 1,192 10 Saline______... 111, 818 Adair______735 West Pottawattamie. 4,767 30 Allen...... 1,312 Taylor______... ____ 2,188 12 District 8 Barren______1,110 Barber 110,282 50 Breckinridge______3,950 Districts Comanche.... 90,315 30 Bullitt______•______1,047 Edwards... 134,978 30 Butler______600 Appanoose. 426 175,266 50 Casey______297 Clarke____ 152 5 Harvey 89,562 50 Clinton______440 Decatur___ 670 5 Kineman ...... 152,982 50 Cumberland______46 Lucas_____ 436 10 Kiowa...... 105,943 25 Edmonson______275 Madison... 1,135 10 Pawnee...... 181,783 30 Grayson______2,453 Marion___ 608 25 P ratt...... 157,145 50 Green... ______. 790 Monroe___ 501 251,920 75 Hardin______2,645 Ringgold__ 1,518 15 Sedgwick______170,851 100 H art....______145 Union_____ 123 5 Stafford ...... 150,226 50 Jefferson______r______1,373 Warren___ 2,417 5 Sumner______260,645 100 Larne ... 1,131 Wayne____ 152 10 Marion ___ . . . . 883 District S Meade______3,133 Districts Atchison...... 24,106 Metcalfe _____ ;______Davis______312 947 20 Brown...... 30,792 Monroe. . . ___ _ 855 Des Moines______2,902 15 Doniphan . . . . 12,204 Nelson . . ■ Henry______* 2,565 669 15 Jackson ...... 29,097 Russell______226 Jefferson. ______749 26,818 Taylor______Keokuk______~ 2,414 38 19,278 Wahen______2,499 Lee______5*475 50 Marshall ...... 68,061 Louisa____...___ _ 915 5 Nemaha 27,215 District 4 Mahaska______331 5 Pottawatomie.,.. 32,822 Boone...... Van Buren______...... 598 1,830 95 Riley______27,833 Bracken______729 Wapello__.....__ 1,057 15 Wyandotte______2,108 CampbeU______Washington..______183 143 Carroll______• 159 District 6 Gallatin---- ... - ...... Total to counties. 115 65,132 630 Anderson. 23,951 Grant______69 Chase_____ 16,824 Henry______Reserve for new farms_____ 717 400 Coffey____ 22,527 Kenton _ ...... 40 Reserve for appeals, correc­ Douglas.... 24,725 Oldham______tions and missed farms__ 1,279 100 Franklin... 20,475 Owen______70 Geary_____ 24,764 Pendleton______State total. 497 95,632 Johnson.... 19,586 Trimble______969 Linn___ ... 18,864 Lyon______30,320 District 5 K ansas Miami_____ 21,758 Anderson______150 Morris_____ 37,627 Bath______:______950 Osage_____ 20,569 Bourbon______3,889 District 1 Shawnee... Cheyenne______29,936 Boyle...... 1,577 102,132 50 Wabaunsee. 23,468 Clark______457 Decatur.,______88,439 50 Graham.______Fayette...... „...... 1,267 104,108 50 District 9 Fleming___ :______Norton_____ IZTIIZ 76,913 699 Rawlins____ 50 Allen______20,913 Franklin______278 107,791 10 Bourbon_____ ...... Sheridan__”” 15,456 Garrard . ,520 105,593 25 Butler_____...... 54,052 Harrison _ 1,522 Sherman___I” ~ 134,414 25 Chautauqua...... Thomas__ 10,986 Jessamine______i ____ 493 167,016 25 Cherokee__...... 52,969 Lincoln______1,041 Cowley_____ ...... 87,965 Madison______323 Crawford.. 27,961 Mason______Qove...... ^ 4 105,021 2,875 20 Elk...... 10,225 Mercer______1,212 Greeley____ _ 123,370 50 ■ » .V - !/.I-"V; Lane______Greenwood.______15,323 Montgomery______:_____ 582 104,048 50 Labette______50,276 Nicholas__ I ' ______Logan___ 100,640 658 Ness.._____ 10 Montgomery. .1.___ 38,154 Robertson______119 178,668 100 Neosho______35,712 Scott______1,700 Scott___ 105,171 50 Trego..Ill” ” Wilson____ 37,889 Shelby______2,272 115,100 50 Woodson...... ___ ... 11,905 Spencer..______;_____ 552 Wallace...... 74,968 20 Wichita__III”””] Washington______1,157 100,081 20 Total to counties. 9,474,117 4,595 Woodford______1,644 Clark...... Reserve for new farms...... 1,000 District 6 90,143 30 Reserve for appeals, correc­ Boyd______i______Finney.. 168,342 1 Ford___“ I “ 50 tions and missed farms___ 500 Carter______35 234,834 50 Greenup______Grant... 78,234 51 Gray___ ” 50 State total. 9,475,617 Jackson______19 179,904 50 Hamilton.. Knox.______A Haskell___ II” 126,021 50 Laurel______4 129,187 60 K entucky Hodgeman” ...... 7 Kearny______138,339 40 Lewis ______324 Meade. ..Ill” 91,596 50 District 1 Morgan______7 Morton__ ” 144,229 50 Ballard______956 Powell______16 Seward..” ” ” ” 76,105 50 Calloway____ . ___ 3,335 Pulaski______747 Stanton...” ” ” ” "’ 89.453 50 Carlisle______531 Rockcastle______61 112,180 Stevens. .11111” ” "' 50 Fulton______...... 2,198 Rowan______17 89,324 50 Graves...... 3,197 Wayne_____ ...^.____ • _____ 692 Hickman...... 3,201 Clay !****** Livingston___ 476 Total to counties...... 163,415 Cloud__I” 84,388 35 Lyon______m ___ _ 910 Jewell 106,996 100 McCracken____ .... 562 Reserve for new farms ... 350 Mitchelill” ----- 106,586 100 Marshall______1,026 Reserve for appeals, correc­ Osborne__I” 156,988 100 Trigg------4,832 tions and missed farms.____ 350 Ottawa.. 127,673 75 104,091 Phillips. .I” ” *' 50 District t State total .. 164,115 Republic__ 85,169 50 Caldwell....,^...... 1,538 81,755 50 Christian___...... 15,729

/ 11838 RULES AND REGULATIONS

M ic h ig a n —Continued L ouisiana M aryland

Acreage County Acreage County Acreage County appor­ reserve Appor­ apportioned reserve for apportioned reserve for tioned to for ap­ tionment , Counties to counties appeals and Counties to counties appeals and Counties counties peals and from the from State corrections from State corrections from correc­ National allotments allotments State al­ tions Reserve lotments District 3—Continued District 1 Allegany...... 746 5 Ogemaw______~ 1,271 20 District l Garrett______—...... 994 10 Oscoda______47 t Otsego------202 5 550 55 District £ Presque Isle______... 2,307 IS Caddo 240 19 Roscommon____—------43 2 D ft goto 7 Washington...... - 12,162 25 465 46 District 4 39 District 3 Lake______— .. 447 5 Mason------... ------3,777 S District £ Baltimore______4,208 15 Muskegon______3,103 10 Carroll. ______- 13,147 25 Newaygo_____|1______3,593 10 32 Frederick______■______16,304 25 Oceana______— ------’2,557. 4 Harford...... -...... — 2,733 18 78 Howard______3,648 10 District 6 Montgomery______6,670 25 Clare------1,955 10 Districts Gladwin------2,598 SO District 4 Gratiot______22,086 130 12,865 50 1,322 Cecil______——- ______6,728 26 13,377 15 337 34 10,033 25 Mecosta------4,565 20 5,473 547 88 Queen Aim es..______14,550 25 Midland______6,059 IS 1,124 11 Talbot______13,164 20 14,464 40 ’ 552 165 Osceola------2,529 10 5,846 585 563 District 5 2,333 233 District 6 Anne Arundel...... 1,114 10 Arenac______3,330 15 District 4 Calvert______654 10 Bay...... 14,397 50 Charles...______2,964 10 Huron______40,449 SO 82 57 Prince Georges______— 2; 101 2 Saginaw______!------33,040 50 St. Marys______3,836 10 Sanilac______39,646 60 District S Tuscola______:------35,678 50 District 6 14 Caroline.— ------9,188 25 District 7 57 Dorchester______8,736 25 16,662 40 1,030 10 Somerset______384 5 Berrien...... — ------9; 737 26 7 2 Wicomico______264 5 Cass___ ...... ------12,403 25 5 Worchester ______737 10 19,430 30 61 Kent...... - ...... —£------13,499 50 ' 71 Total to counties______135,071 365 Ottawa______11,422 30 143 10 Van Buren______8,730 15 50 District 6 Reserve for appeals, correc- District 8 50 Barry______16,190 50 43 17,755 25 135,171 Calhoun______23,381 50 District 7 Clinton______25,938 5Ó Eaton...... 24,442 50 136 M assachusetts 17,877 50 86 Ingham______:— ——----- 19,319 100 39 Ionia..______24,783 50 6 59 Jackson------15,196 76 9 St. Joseph___.... ------18,089 25 Districts 11 Shiawassee.------26,377 20 18 21 16 District 9 21 Genesee______19,312 50 Total to counties. 31,746 1,815 1,973 12 Lapeer------16,948 50 Lenawee______32,440 50 Reserve for new farms.. 5 146 Livingston....------:------16,376 50 Macomb______10,264 Reserve for appeals, 50 corrections, and 2 Monroe------24,448 1,663 Reserve for appeals, correc- 8,755 45 5 St. Clair____ — ...... 21,455 50 33,414 Washtenaw------20,481 50 153 Wayne------— —— 5,492 2,021 M aine Total to counties______763,566 M ichigan 500 Acreage County- Reserve for appeals, correc- apportioned reserve for District 1 tions, and missed farms...... 50 ...... Counties to counties appeals and 3 from State corrections 4 2 764,116 allotments 328 42 ■---- 91 2 3 M innesota District t 14 2 25 1 130 29 5 109 10 District 1 25 District £ 23 . 2 Becker------— ------13,308 64,955 50 8 2 Clay...... — — \ 5 11 Clearwater..— '------r 2,755 79,690 25 2 District £ Kittson_____— ------15 21 508 10 Mahnomen.. . — ...... 9,228 86,200 30 Waldo . —...... 10 136 2 Marshall___ — ---- ,—------26 2 804 15 Norman------40,670 8,262 509 5 Pennington------— 65 District 3 1,456 5 Polk______...—— 112,363 7,569 15 1516 2 Red Lake.——------— —- ' 20 1 677 6 Roseau------— ------22,835 4 516 10 Vm-fc 4 1,279 10 District £ 932 5 633 10 Beltrami____ ...... 2 185 Cass______~r~. 25 336 2 District 3 Hubbard______4 JO 1,465 20 Itasca______— —~ 91 891 5 Reserve for appeals, correo- 3,607 10 Koochiching. 10 35 599 5 Lake of Woods_____ 3,582 2 230 1,033 10 District 3 Montmorency______868 20 St. Louis..—. . . ----- 160 3 Thursday, S ep tem ber 16, 1965 FÉDEftÁL REGISTER 11839

Minnesota— Continued Mis s is s ip p i— Continued M is s o u r i—Continued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Counties to counties appeals and Counties to counties appeals and Counties to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

District t— Continued District 4 District A—Continued 9,442 25 Panola___ 619 995 15 Tate..___ 190 Schuyler______1,177 4,173 15 Yalobusha. 31 Sullivan______2,859 5,420 15 4,020 25 District 3 District 3 20,331 30 Alcorn...... 28 Audrain...... 15,950 3,181 10 Itawamba______40 Clark...... 8,391 5,962 25 Lee______23 Knox______7,840 ___ f 2,504 20 Pontotoc______380 Lewis______14,753 16,291 30 Prentiss____ 2 Marion...... , 14,660 44,162 25 Tippah^____ ...... 2 Monroe______' 15,190 2,685 20 Tishomingo... i.... . 11 Pike______13,944 Union-...______58 Ralls...... 11,761 Districts Scotland...... ' ...... 4,230 154 2 District 4 Shelby..______14,122 465 2 751 15 Humphreys______1,796 District 4 1,726 10 Issaquena___ ...... 647 Bates______...____ 25,113 1,396 10 Leflore______...... 913 Cass...... 13,714 518 5 Sharkey______...... 1,758 Cedar______10,105 2,898 25 Sunflower____ ...... 1,966 Henry...... „...... 17,698 li 091 10 Washington____ 2,818 Jackson______11,497 524 2 Yazoo______3,564 Johnson...... 13,749 2,546 16 Lafayette______21,079 1,565 20 District 5 St. Clair______14,124 589 15 A ttala..!____ .¿._._! 10 Vernon______27,043 219 5 Oarroll______. 1..... 112 1,161 15 Holmes______...... 92 District 6 Madison...... 129 Benton.______7,537 Districts Montgomery______13 11,451 172 5 Webster__ ...... 38 Callaway______12,096 Anoka . _ ___ . _.!. .. 77 2 Camden______707 Chisago ...... 54 5 District 6 Cole______8,006 Crow Wing 40 2 Cooper______15,730 Hennepin 153 5 Chickasaw.....____ 63 Dallas______3,288 Isanti—______:.__ 596 3 Clay!___ ...... 108 Hickory______3,483 Kanabec...... " !:,!!'.: 35 5 Kemper______...... 20 Howard______12,604 Mille Laos 186 3 Lowndes...... 829 Laclede______... 3,273 Pine 62 3 Monroe____ _K_____ 43 Maries______4,366 Washington 471 10 Noxubee______124 Miller...... 5,420 Oktibbeha...______37 Moniteau______9,242 District7 Morgan______6,120 District ? Osage______8,629 Cottonwood ^ 472 10 Adams.___ .... ___ !. 8 17,225 Jackson____ 122 10 Claiborne______27 Phelps______2,703 Lincoln.. . 1,115 10 Copiah______19 Polk...... 9,499 Lyon______L076 20 Hinds______: ____ 89 Pulaski______894 Murray______109 5 Jefferson...... 20 Saline...... —...... 26,129 Nobles.. 28 5 Warren______10 Pipestone___ ... ______17 3 Wilkinson ___ 8 District 6 Redwood__ _ 1,221 20 Crawford...... Rock 1,865 16 2 District 8 Franklin______15,328 Gasconade...... 9,542 District 8 Covington.. _*_____ 8 Jefferson______4,471 Jefferson Davis____ 7 Lincoln...... 17,360 Blue Earth... 2,770 10 Lawrence Brown 5 Montgomery...... 13,533 524 5 Pike..______5 Perry______13,081 Faribault.. 720 10 St. Charles______Freeborn___ 30,038^ 338 5 District 9 St. Francois...... 1,950 Le Sueur____„ _ 2,976 15 Jackson— . —______’!_! Martin...... 6 St. Genevieve______4.004 66 1 Perry__ ...:______4 St. Louis______13,175 Nicollet____ 1,267 20 Warren...... Rice.. 5 12,173 1,237 Total to counties— 45,988 Washington______841 Steele__ 222 5 Waseca.. 1,290 10 Reserve for new farms..___ District 7 Watonwan_____- 75 103 5 Reserve for appeals, correc­ Barry______5,701 tions' and missed farms..! 25 Barton...... 33,811 ^ , District9 Dakota___ _ Christian______3,404 3,753 20 State total...___ .... Dade....______.______Dodge.. 5 46,068 18,518 150 Greene______9,240 Fillmore 130 5 Coodhue. Jasper.______33,850 2,570 25 Lawrence______15,806 Houston 126 5 M issouri Mower.. McDonald______;______2,743' 264 5 Newton...!______Olmsted.. 5 15,778 515 Stone______909 Wabasha... 604 g District 1 Winona 290 5 Andrew______7,459 Atchison___ y.—___ 9,764 District 8 Bollinger...... 4,514 Total to counties... 614,557 1,034 Buchanan...!!.____ 17,281 Caldwell-______9,996 Carter______239 Dent______1,385 Reserve for new farms 200 Clay...... _i...... 8,703 Clinton_____ ...... 7,«53 Douglas______1,180 Reserve for appeals, correc­ Howell______1,384 tions, and missed farms 100 Daviess______... 14,957 De Kalb______9,347 Iron...... —____ !___ 210 Gentry_____ ...... 9,144 Madison___ ...... 1.005 State total.. 614,857 Oregon______1,009 —------— Harrison...... 9,800 Holt_____ ... ______14,211 Ozark—______748 Reynolds...... 517 M ississippi Nodaway__ _i.____ 9,141 Platte____ ,______23,517 Ripley______, 1.671 Ray...... i______19,471 Shannon.—______513 Worth___ __ itc____ 3,826 Taney...... ___..... 100 Bolivar... Texas. ;______4,184 6,807 Coahoma... District t Wayne______... 1,171 Quitman S, 217 Adair______Webster...... ! ______3,712 2,083 4,863 — ...... Tallahatchte” Carroll..—___ i______) 33,189 ...... Wright___.... ______1,574 2,926 Chariton___ ...... ______.... ___ Tunica...... 8,546 20,944 ____ .’!« . . . Grundy...... i . . ___ _a ...... 4,582 ___ - j — :.. District 9 Linn____ . . —.I— ______... 6,862 Butler______7,296 Benton. * Livingston—. . _____.... ______11,416 Cape Girardeau.______11,549 Calhoun *' 57 ...... Macon______.... Dunklin.....______■ . 6,363 3 ...... 8,288 _____ De Soto Mercer.... __i. i______:J.______3,558 Mississippi__; ______!_'______12,531 3,448 — ...I'— - Putnam!______New Madrid______... 15,613 îffayette.'” ' ...... 4 ...... 984 ____ „ Marshall____ _ Randolph__ !______J 8,936 ...... Pemiscot______.. 2,639 138 ...... No. 17»------a 11840 RULES AND REGULATIONS

M issouri— Continued ' N ebraska N bbbask a^—Continued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Counties to counties appeals and Counties. to counties appeals and Counties to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

District 9— Continued District 1 District 9— Continued Scott:______— 18,224 Banner. 46,910 30 20,573 Stoddard.»., j..™ ______24,146 Box Butte... 83,468 100 20,628 Cheyenne... 139,179 40 45,411 Total to counties____ 1,125,791 Dawes_____ 38,721 25 32,682 Deuel...___ 57,526 10 13,090 Reserve for new farms___ 500 Garden___ x 35,755 25 22,285 Reserve for appeals, correc­ Kimball____ 111,883 30 67,310 tions, and missed farms.. 1,000 Morrill_____ 30,848 60 67,128 Scotts Bluff. 14,283 15 State total... . . _____ 1,127,291 Sheridan___ 49,792 60 Total to counties______2,762,640 8,336 Sioux______7,112 5 Reserve for new farms. 250 District t Reserve for appeals, correc­ M ontana Arthur. 8 tions and missed farms___ 250 1 1,043 State totaL . .. ______2,763,140 District 1 1,687 914 Deer Lodge______911 108 N evada 22,434 5,018 Granite______843 1 15,808 ' :

N e w Jersey—C ontinued N e w Y ork—Continued N orth Caro lina—Continued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Counties to counties appeals and Counties to counties appeals and Counties to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

District — Continued District 8—Continued 6 District 8 423 Rensselaer 1,123 Anson______6,072 1,888 Saratoga...... ______620 6,207 Schenectady... 258 Cleveland...... 10,067 39,317 1,214 Gaston...... 5,215 Washington ...... 386 Lincoln______8,318 50 Menklenhurg ...... 4,183 Reserve for appeals, correc­ District 7 Montgomery ...... 2,020 tions and missed farms----- 50 Allegany______3,063 Moore " ...... 3,102 Cattaraugus______910 Richmond ...... 3,185 39,417 1,963 Stanly...... ' J .. 10,967 Steuben ‘ ...... 10,677 U n io n ...... 9,473

N ew Mexico District 8 District S Broome______144 Bertie______24 1,734 Camden______101 District 1 4,525 Chowan______44 1,205 113 1,093 Tompkins______5,711 Edgecombe______824 189 Gates______, ____ 185 6,726 5 District 9 1,556 Sandoval______— '749 4 Hertford______89 San Juan______Mj 382 5 1,181 Martin______j____ 98 Santa Fe...______...__ . 3,304 4 34 Nash______,______;____ 2,489 Taos______— . 1,121 5 406 Northampton.... _____ ;____ 643 3,429 1,018 354 Orange______120 Perquimans . i 209 Districts Putnam...... 1 Tyrrell______i____ 208 Colfax...... ____ 7,218 5 Rockland...... 5 Washington______231 Curry______176,850 100 25 270 Ulster ...... 994 District 6 81 43 Beaufort______361 21,367 25 119 L 149 District 9A Craven______467 Quay...... 109Ì247 100 240 Greene______347 Roosevelt ... _ _ .... - 50,004 25 Suffolk ______1,295 Hyde______71 San Miguel 1,053 Johnston _ . .... 3,530 Torrance...... 4 N 15,961 15 Total to counties______257,950 174 Union...... - 7,168 10 Lenoir______‘____ 954 Reserve for new farms______50 Pamlico______301 District 7 Reserve for appeals, correc­ Pitt...... +-...... 521 Catron___ ...... 96 tions and missed farms:____ 150 Wayne______2,089 Grant,...,. , , 77 Wilson______1,625 Hidalgo— . .. . . 5 State total______258,150 Sierra...... 15 District9 Socorro 3,280 1 1,014 N orth Caro lina 223 District 9 Columbus______. 827 Chaves______. 280 Cumberland______5,256 Eddy______... 13 District 1 1,154 Lea______749 3,859 Lincoln______84 Alleghany.__: _____ 94 2,250 Otero______; 20 Ashe______14 New Hanover______43 Avery______— 5 ----- 76 Total to counties. 411,980 304 Caldwell______... 1,034 454 4,095 Reserve for new farms Surry_____ -____ , T. 1.502 300 Watauga___:___ s___ 27 Sampson______. . . ______2,773 Reserve for appeals, correc- Scotland______1,127 tions and missed farms Wilkes___ ¿4___ 1,905 100 Yadkin______4,198 Total to counties______230,501 State total__ 412,380 District 4 Reserve for new farms______75 Buncombe__ __ .... 195 Reserve for appeals, correc­ N ew Y ork Burke_____—— 1,597 tions, and missed farms____ 300 Cherokee. . 25 Clay.— ______14 State total______230,876 District S Haywood.— . 16 Jefferson Henderson______83 1,674 Jackson______... 7 N orth Dakota Lewis.. 55 8t. Lawrence. McDowell______487 76 Macon______... 23 Madison------107 Districts / District 1 Polk...... 625 Burke______Clinton 11 123,867 175 Rutherford__. _____ 4,015 Divide____ a____ i. Essex...... 277 158,875 115 Franklin Transylvania__ ___ 10 Mountrail...._ . 190,581 260 Yancey ____ — 2 Renville___ — — .. 111,885 100 W ard.______... 231,266 300 Erie mstrUt4 Districts Williams_____ 236,603 200 Genesee Livingston.. Alamance______1____ 5,520 District S Monroe Caswell______-____ 4,416 Benson.....— — ... 170,268 350 Niagara... Durham__ —— ____ 940 Bottineau..— _____ 225,982 200 Ontario... Forsyth.— ...... —— 3,492 McHenry— — — ., 170,963 200 Franklin______2,870 Pierce______132,590 Orleans...... l i 446 325 Seneca. Granville______1,949 Ridette____ 91,648 Wayne___ Guilford___— ______7,073 Wyoming... Orange____...... ______2,433 District S Yates. Person...... ____...... 3,432 Cavalier....— . 188,890 575 Rockingham..-.:..:______:____ 5,089 Grand Forks.— ..;. 154,812 285 Stokes____ :....— _____ ,__ r, Districts 1,601 Nelson______... 104,082 200 Cayuga...... Vance.__—_...... ______1,446 Pembina...— — 152,655 225 onenaTifFQ Warren______:■_____ . ___ i 2,663 Ramsey.______174,263 300 Cortland SH------1 Towner___ ...______159,583 100 District 5 Walsh__ Herkimer ------Ma 166,301 350 Madison. ------Oneida ...... 2 074 Alexander...i!— _ 2,615 District 4 Onondago ¿678 Catawba______!_____ 10,030 ...... Dumi_____ .______116,060 150 Oswego 1------Chatham.. :...... ___ 2___ 3,640 ------——. McKenzie___.!______•_____ 137; 859 175 Otsego ------¿653 Davidson..!.:...:______6,655 __ — — ... McLean. . ___ 239,691 400 Davie.-______: 2,934 ______Mercer______-____ 87,155 75 Iredell...... 12; 237 ...... Oliver______51,784 40 Albany ****** 6 Lee______1,617 ...... Fulton ~ Randolph______7,057 — District 5 Montgomery 1— Rowan______11,966 „ _____ .... Eddy______51,057 150 1,409 W ake...— . ; ...... 4,074 _____ . Foster______\_____ 61,246 225 11842 RULES AND REGULATIONS

N orth D akota—C ontinued Oh io —Continued Ok la h o m a —Continued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Counties to counties appeals and Counties to counties appeals and Counties to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

District 6— Continued District 6—Continued District S Kidder ...... 70,115 110 Fayette______29,580 50 120,473 98,075 115 Franklin______18,537 50 7,430 Stutsman . ____ . 220,310 500 Knox______18,304 30 1,242 Wells...... 151,798 500 Licking..,— __ ;______20,034 26 Grady ... _ _ . . . -41,779 Madison..______27,100 100 Kingfisher ...... 186,772 District 6 Marion______16,184 50 7,697 Barnes______160,993 225 Morrow______12,286 25 62,770 Cass______172,598 350 Pickaway.—______36,801 160 McClain 8,707 Griggs...... 60,226 200 Ross..——— ______26,401 20 1,219 Steele______70,413 150 Union ______—. 16,046 25 19,134 Traill______•88,794 100 16,611 District 6 8,441 District 7 Belmont______2,417 20 1,067 Adams______130,346 250 Carroll______4,867 25 -32,546 Coshocton______8,692 25 Districts Bowman______109,510 50 Harrison______... 1,914 20 397 ...... 67,280 Homes..______12,253 25 Cherokee ...... 558 ______179,760Hettinger 150 Jefferson.______2,370 10 1,465 Slope______88,865 50 Tuscarawas______9,205 25 305 142,227 1,366 District 7 7,898 District 8 Butler______:___ 14,291 76 762 86,941 100 Clermont______6,346 30 780 117,129 150 Clinton______25,911 60 4.117 Grant______122,252 90 Greene______22,358 75 Morton______134,352 125 Hamilton______2,310 15 District 7 Sioux______&______38,194 50 Montgomery______15,498 50 79.586 Preble______19,515 40 48,233 District 9 Warren______... __ 14,156 2 90,320 Dickey______62,126 80 68,029 118,855 200 District 8 53.586 88,821 225 Adams______9,090 15 116,811 103,753 100 Brown______11,342 10 165,453 58,528 50 Gallia____ I______1,163 40 147,351 73,083 50 Highland..______24,835 50 Sargent______63,385 40 Jackson______1,731 20 District 8 Lawrence______430 6 83 Total to counties______6,601,241 9,485 Pike______8,320 25 3,349 Scioto______2,788 10 428 -T...... 400 256 Reserve for appeals, correc- District 9 5,914 600 Athens______-______955 15 6,116 Guernsey___ — ------2,817 25 348 6,602,241 Hocking..______2,794 20 440 Meigs______— ______1,395 25 674 Monroe___...... ______1,127 25 1,665 Ohio Morgan______1,866 15 580 Muskingum— . ______... 6,903 25 12,283 Noble...... 761 20 District 1 Perry______— ...... 7,343 20 District 9 Allen______15,976 100 yinton______— 899 10 Defiance__ , — - ___ 19,842 100 Washington....______... 2,536 25 83 Fulton______*------18,426 100 5 Hancock-___ * 29,502 50 Total to counties...... 1,197,719 3,735 3.117 Henry______24,965 50 13 Lucas______10,210 50 Reserve for new farms____ 400 Paulding______— r., 21,430 25 Reserve for appeals, correc­ Total to counties...... 4,309,475 Putnam______29,673 50 tions and missed farms... 100 Van Wert------20,437 50 300 Williams______i 18,424 25 State total______1,198,219 Reserve for appeals, correc­ W ood..____ — 40,253 175 tions and missed farms...... 700 District i 4,310,475 Oklahoma Ashland------14,931 75 • ' —_ Crawford______18,622 50 Erie..______... ----- 11,489 19 Oregon Huron______21,354 25 District 1 Lorain_____ i______10,150 50 Beaver______234,575 Ottawa____ ;______12,892 100 Cimarron...... ______168,482 District 1 16,954 40 Ellis...... 104,927 Benton______4,298 Richland______5,617 Sandusky______22,433 50 Harper______117,387 Clackamas______32,339 Texas______353,774 Columbia______125 Seneca—______100 3,435 W yandot...------22,581 60 Lane...______District t Linn______...— 5,294 District 8 Alfalfa...... 194,635 Marion_____ -— 14,199 Garfield______241,549 Multnomah...____ _ 309 11,081 Ashtabula----- ...... 8,311 20 Grant______244,971 Polk...... Kay______i------——------165,020 Washington______12,211 Columbiana.. ----- 9,097 20 13,888 Cuyahoga------518 30 Major______122,413 Yamhill______Geauga— —;------3,062 50 Noble...... - __ 97,901 Lake______—— 1,071 6 Woods______156,607 District t 91,674 Gilliam....—._____ 82,290 Mahoning______,----- 6,743 25 Woodward______106,873 Medina______.... 10,491 60 Morrow___ Sherman______89,158 Portage------7,946 10 District 3 59,132 Stark______— 13,891 50 Craig...... 14,242 Wasco______.... Summit____ ...—.. 3,112 25 Delaware______6,795 Trumbull__ f------5,986 10 Mayes______7,042 District 3 8,390 Baker______13,717 Wayne____ ;______24,338 40 Nowata______180,738 Osage— ------19,998 Umatilla------18,856 Union_____ ; ______38,803 District 4 Ottawa______21,601 Auglaize...------16,127 50 Pawnee______14,018 Wallowa.______Champaign.;______- 19,077 5 Rogers...... —...... 7,861 Clark...... 18,188 50 Tulsa______4,942 District 7 Douglas______505 Darke______23,212 100 Wagoner______9,593 675 4,415 Jackson______Hardin____ ...... 18,016 40 Washington______— 22 Logan_____ —------14,400 50 Josephine____ —— Mercer------18,079 75 District 4 Miami_____;______20,769 75 Beckham______39,069 District 8 Crook...... ------2,815 Shelby— ___ —, 16,462 50 Blaine______139,792 782 Custer______142,384 Deschutes____— —- 1,495 District 6 Dewey______98,510 Grant—___ ——- — 2,109 Delaware______13,971 50 Roger Mills______45,633 Hamey______— 24,596 Fairfield______25,530 30 Washita______140,527 Jefferson...... — Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11843

Oregon—Continued P ennsylvania—Con tinned South Cabolina—Continued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Counties to counties appeals and Counties to counties appeals and Counties to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

District 8—Continued District 9—Continued District 8—Continued 9,085 Lebanon______...... ______9,174 30 Barnwell___ 1,357 14,436 Montgomery__..... ______7; 511 40 Berkeley...... 109 11,489 Charleston 111 5 402 Total to counties______416,062 1,132 Colleton...... 298 Dorchester _ ___ 106 Total to counties .. _ 735,978 Reserve for new farms ‘ ,1 100 Hampton .... 1,418 Reserve for appeals, correct Jasper______26 500 tions and missed farms_____ 50 —----— Reserve for appeals, correc­ Total to counties______117,466 tions and missed farms_____ 1,500 State to tal______416,212 Reserve for new farms 50 737,978 Reserve for appeals, correc­ Rhode I sland tions'and missed farms.____ 300 P ennsYLVANIÀ State total...______117,816 Acreage, County appor­ reserve, Appor­ District.! tioned to for ap­ tionment South Dakota Crawford. 5,921 Counties1 counties peals and from the Erie____ 6,039 from correc­ National Forest.... 162 State al­ tions Reserve District. 1 Mercer... 7,201 lotments; Butte___ 13,623 10 Venango. 2,217 Corson... 101,820 60 Warren... 670 Dewey... 53,848 40 Newport______51 5 Harding. 36,291 25 Districts Washington______34 50 Perkins.. 126,369 100 BrSdford. 1,812 Ziebach.. 32,080 20 Cameron... 16 Total to counties.. 85 — 55 Clinton..., 3,312 District S Elk_____ 228 Reserve for new farms.. 3 Brown.____ 166,753 100 Lycoming., 8,682 Reserve for appeals, Campbell...... 76,617 150 McKean__ 74 corrections and Edtaunds__ ...... 113,483 25 Potter___.. 577 missed farms______Faulk.______75,118 Sullivan__ 50 156 McPherson___ ..... 82,733 15 1,182 State total______88 Potter______.___ 86,153 75 Spink______...... 210,272 75 Districts Walworth______76,302 25 South Carolina Lackawanna.. 67 Susquehanna., 114 5 56,503 Wayne______24 3 Codington...... r . / Wyoming____ Acreage County 25,035 472 10 apportioned 66,756 Counties to counties appeals and Deuel... _ . , ...... 1,296 District i from State corrections 10,656 allotments Hamlin ...... 5,466 Armstrong. 5,995 25 Beaver____ Marshall 48,188 2,739 10 Roberts ...... 40,804 Butler.____ 7,477 1 District 1 Clarion___ 5,446 20 Indiana___ District 4 6,777 10 Anderson______15,912 32,322 Jefferson... 3,612 5 Cherokee______Lawrence.. 3,862 12,298 5,670 40 Greenville______5,763 4,334 Laurens.______. 6,058 49,284 . Districts Blair______Oconee ______— 3,285. 40,359 4,422 15 Pickens..______- _____ •____ 2,697 24,545 Cambria. ., . 1111111" 3,586 15 Centre...... r_.*J 10,657 11,709 15 Union____1______L-1Q7 Districts Clearfield. _ 111 ” I 1,886 10 Columbia."".. Aurora. 9,1ST 11,379 40 District 8 71,653 Dauphin____ _””I' 8,588 20 Chester. — ______. 1,31 A Huntingdon____”” 10,861 6,067 5 Fairfield...... 505 4,655 Juniata______6,413 30 Kershaw______Mifflin______II'""* 1,960 Hand 62,777 5,421 10 Lancaster______1______1,001 41,558 Montour_I__IIHIIII 5,130 15 York...... Northumberland 2,669 17,666 Perry.,..____ 10,984 20 Jerauld______... _____ 18,572 9,145 15 Districts Sully...... 96,262 Snyder__ 7,265 Union___ 35 6,361 8 Chesterfield... ______- 2,037 District 6 Darlington.______4,905 Carbon...^* Dillon: ______1,089 1,194 2,064 15 Florence______■ 2,927 Lehigh______10,879 1,225 50 Georgetown.....__ ;______117 768 Luzerne___ II”" 2,919 10 Horry______Monroe.IIIIIIII” ” 572 22,361 1,820 10 Marion. ______333 Northampton 6,761 351 Pike.. 20 Marlboro______V445 McCook______670 23 2 Williamsburg-______655 Schuylkill” ” “ " 6,779 3,905 20 Minnehaha__ — ____ 49 District 4 , District 7 Moody______160 Allegheny. Sanborn______3,111 1,753 10 Abbeville______3,897 Payette...... 2,671 Aiken ______Greene_____ III””' 6 3,381 District 7 733 10 Edgefield______1,800 Somerset___ III””' 4,209 20 42.149 Washington__ Greenwood______. 1,722 3,258 4,084 5 McCormick. _ _ 421 Westmoreland... II " 7,184 14,143 25 Newberry.'______i ______3,022 17,461 Saluda____ . . . . ______2,414 13,294 Adams DUUrkt8 13,516 Bedford.. I ™ IS: Districts District 8 Cumberland ” r 7,064 10 Calhoun • 5,093 16,891 20 Clarendon...... 13,671 Franklin__ ' " 1,288 41,879 Pulton • ” 23,746 40 Lee.______3^167 5,444 15 Lexington.. ___ a.______79,939 York.. ------. .»— 1,999 24,458 31,091 60 Orangeburg______4,563 Richland______9,243 Districts 2,905 67,629 Berks___ Sumter____ . < 3,724 20,560 Bucks__I 50 District 9 Chester. I 11,830 IS: District 8 8,879 40 Delaware. Bon Homme 1,452 Lancaster 302 15 Allendale ...... 2,237 33,157 35 Bamberg-...... 24,946. 1,448 Clay______3,487 11844 RULES AND REGULATIONS

So u th D akota—C ontinued T en n essee— Continued T exas—C ontinued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Counties to counties appeals and Counties to counties appeals and Counties to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

1District 9—Continued District 6— Continued District Z-S—Continued 2,777 16 ' Greene_____ — ______5,112 3 Nolan..... 12,092 3,610 20 2,930 10 Runnels.. 30.795 125 10 317 2 Scurry. .... 9,096 422 25 605 10 Stonewall. 18.796 7,617 15 3,365 10 Taylor___ 53,859 1,231 29 4,105 8 Johnson______297 2 District S 2,406,784 1,971 Knox______— 781 15 Archer___ .... _____ 26,144 1,980 6 Brown______13,925 1,000 McMinn___ ... ______914 15 Callahan_____ ...... 16,540 Reserve for appeals, correc- Meigs...... — 756 5 Clay______ij.___ 25,568 2,000 Monroe______2,548 5 Comanche__ ...... 1,211 Polk______381 6 Eastland______3,793 2,411,784 Rhea______— ______583 3 Erath_____ .... ____ 678 Roane______469 2 Hood...... 114 Sevier______2,284 10 Jack______3,122 5 Mills______.'______1,862 T ennessEE Sullivan______1,416 Unicoi______61 1 Montague.;___ 1,962 • Union______. ______178 10 Palo Pinto...... ___ 2,153 Washington______2,602 5 Parker______327 District 1 Shackelford______14,227 Dyer. 1,625 Total to counties______143,061 484.6 Somervell...____ ... ■37 Lake_____ .. 283 Stephens______10,999 Lauderdale - 183 100 Throckmorton.'____ 28,858 Obion______4,817 Reserve for appeals, correc- Wise_____ .—______3,626 Shelby_____ 321 50 Young______— 42,596 Tipton___ i 680 143,211 District b District t Bell.__ 4,033 Carroll— 794 Bosque. 2,702 Chester___ 80 Collin... 34,375 136 Crockett— T exas Cooke.. 18,247 Fayette___ 7 Coryell. 6,878 Gibson____ 1,025 Dallas.. 17,587 Hardeman. 137 Delta______652 Haywood.. 148 27,408 District 1 -N Denton...... Henderson. 53 Ellis...... 8,030 Henry------2,061 76,017 Falls..______184 M cNairy.. 13 Fannin______9,338 Madison... 133 45,566 136,235 Grayson______36,890 Weakley... 2,725 678 Hamilton______, 3,345 62,150 Hill...... 1,570 Districts 168,990 Hunt______3,148 Benton____2— 555 m¡704 Johnson______L408 Cheatham------ì __ 1,471 74’ 943 Kaufman______1,207 35 Orti? Decatur______5l! 190 Lamar.______2,193 Dickson______971 6 29 700 200,389 Limestone______Hardin______5 78’ 799 McLennan...... 5,266 Hickman______461 3 30,771 Milam__ —______130 Houston.'______408 2 436 818 ôÿ 233 Navarro______Humphreys— _____ 5 97,372 Rockwall______2,667 Lawrence___ £.____ 4,394 5 1,798 82 127,368 Lewis------0.6 Williamson______991 Montgomery___ a .. 5,683 5 218,864 Perry------177 2.6 53,027 17,010 92,985 District 6-N Robertson______20 28j 698 Stewart— ____ — 348 5 2 492 116,874 Anderson______- Wayne_____ ¿ciJ&i. 3 26j 526 Bowie______102 153,084 Cherokee...... 4 District i 105,505 Henderson______20 Bedford_____ . ___ •— 4,511 Hopkins______45 Cannon..______363 1 462 Clay...... 14,129 Morris______28 Davidson__ 764 3 700 1,851 Rains______—______De Kalb...... 29’239 Red River------305 Giles______— 3,303 1 Jackson______130 ’ 631 1,495 Van Zandt___ r______164 Lincoln------—àfc. 3,451 2 Macon.— — . 759 219 Marshall___ 2,913 269 8,279 1,644 District B-S Maury___ —______Brazos...... Moore.____ - ______303 4,345 2,961 2,705 Leon______Rutherford______'674 Walker______Smith______... 414 3,684 112 Waller______Sumner_____ —— 1 Trousdale...— .,--— 233 4,867 7,717 District 8 Williamson_____ — 1,726 Wilson____ :_____ ... 1,180

District 6 Presidio______Bledsoe______647 3 1,109 2,559 39,016 Reeves______Coffee______—- 1 22| 022 Cumberland____ ... 172 4 District 7 331 finttW .... . 22,951 Fentress. 5 Bandera...... - 20 Franklin___ £,____ _ 5,247 6 20,520 368 456 14¡ 020 Blanco.______i------Grundy...... — 1 Burnet______849 Marion....— ____ , 294 1.5 60,948 1,663 78 Garra* l'262 Coke------Morgan.— ______Concho______20,659 Overton__— ____ — 920 10'996 11 414 77,031 Edwards______— Pickett___.... _____ Gillespie______------4,525 Putnam__ ..... __ _ 964 4,622 37 173 4,982 Irion...... Sequatchie.— _____ Kendall______1,295 Van Buren... ___ ... 97 9,182 1,098 2,076 19,335 Kerr------180 Warren______49,176 Kimble______White___- ...... 1,232 Lampasas______1,138 ' 76,880 64 T I&TIO District 6 McCulloch...— ‘------11,960 Anderson. 59 10 District S-S 35 Blount— 2,252 58 205 907 Bradley... 713 21,743 Menard______— 1,680 Campbell. 135 25'356 460 Carter____ 173 42 854 262 Claiborne. 1,743 12 50 635 1,687 Cocke____ 1,301 Knox 43 968 Tom Green______99 Grainger.. 1,238 Mitchell...... 5,867 Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 1184&

T exas— Continued VIRGINIA V ir g in ia —-C ontinued

Acreage County Acreage County Acreage County apportioned reserve for apportioned reserve for apportioned reserve for Counties to counties appeals and Counties to counties appeals and Counties ( to counties appeals and from State corrections from State corrections from State corrections allotments allotments allotments

* District 8-N District 9 District 9 Austin...... —— ------1 Clarke______2,394 Bastrop-— ------10 Culpeper______1,492 2,606 Bee...... — >— ------4 Fairfax______-...... 834 1,140 Bexar------977 Fauquier...... 4,012 1,846 Caldwell..... — ------4 Frederick______2,786 ' is7 Comal______178 Loudoun______6'577 Isle of Wight ...... 45 De Witt___— ------1 Madison______l, 507 Mecklenburg 5,013 Gonzales.— -— ;------10 Page______2)629 254 Guadalupe— ...— - 204 Prince William______1)470 Prince George ...... 1,174 Hays...... —------40 Rappahannock______'649 x Southampton______342 Eames______293 Rockingham...... 7,123 ' Siirrv 259 Medina------——-■------202 Shenandoah______3)515 Sussex______' 461 Travis— — .;— -— 38 Stafford______'954 Virginia Beach ...... 925 Wilson...... — . ------138 1,216 Total to counties...... 189,563 Districts District 4 Harris___ .___,_____ 2 Reserve for new farms______200 Jackson______04 69 Victoria------2 Augusta.'______:.____ i— 7,337 tions, and missed farms____ 300 Wharton_____. 43 ' 128 Botetourt______983 State total______190,063 District 10-N Craig------342 Highland______139 Atascosa_____ . . — ___...... 144 644 Frio...... —— ...... 26 Rockbridge______2,125 Live Oak___—— ____..... 77 Maverick______j_____ 36 District 5 District 1 Zavala..______— ' .77 Clallam______29 1 Albemarle______1,027 Clark______130 2 Total to counties....___ 3,519,370 Amelia_____-...... - 4)363 Cowlitz___ ..... ______3 ,.. 3 l) 149 Grays Harbor...... 30 3 Reserve for new farms______500 4) 132 Island______ST!______'_____ 770 Reserve for appeals, correc­ 4,478 Jefferson______i tions, and missed farms...... 500 3,310 Lewis______.... ______1,985 30 5,504 Pierce______11 State total....."...... 3,520,370 4,354 San Juan . . „...... 61 949 Skagit______603 2,662 Snohomish...... 72 6 U tah 1,007 Thurston...... 305 15 1,266 Whatcom______...... 102 4 Greene____ i ______...... *891 District 1 Hanover______... ___ 5,105 District S l' 282 Benton______91,732 50 Box Elder___ 82,991 , 2)685 J ' Chelan...... ______3)823 Cache...... ; 27,269 045 Kittitas______7)096 20 Davis...... 2,413 1,754 Klickitat_____.______48) 539 30 Morgan 1,622 Powfiatan...______892 Okanogan______23) 717 50 Rich...... 3,067 4,1.75 Yakima______19)770 25 Salt Lake... 15,142 Spotslyvania______1,420 Tooele... 5,641 District S Weber... 1,745 Ferry______3,191 Pend Oreilte...______... 770 20 T District 6 329 Spokane______98,884 50 17,641 2,423 Stevens______16)220 60 Millard...... 23,842 Essex_____ — ______5,138 Sanpete . 9,231 Gloucester...— —____ . ____ _ 471 District 5 Sevier.. 1,992 35 Adams...... 238,703 2fiO Utah.. 13,144 635 Douglas____—.... ___ ... ___ 151)653 irto 2,076 Franklin...... !______88)801 33 District 6 2,020 Grant______115) 524 IOO Carbon... 939 2,117 Lincoln...... |____ _ 244,732- 250 Daggett...... 17 Lancaster... ______767 Duchesne. _ 1,399 Mathews______;______175 District 9 Emery. 1,967 1,184 Asotin...... 25,088 50 Grand.. 309 New K e n t...... ______— ___ Columbia...-______San Juan 1,120 61)450 126 28,140 Newport News.______1 Garfield...... 59)287 50 Summit 754 -Northampton.______..... Walla Walla...... 156) 246 Uintah. 77 150 2,395 Northumberland!______2,550 Whitman...... 304)765 165 Wasatch. 119 Westmoreland.______„ ____ 5)039 Total to counties.._____ 1,764,093 1,631 u District 7 leaver. 150 1,210 Reserve for new farms— .. 500 Garfield 990 District 7 Reserve for appeals, correc- 5,058 Bland______.■ ____ 667 tions and missed farms_____ 250 Kane ------616 121 Carroll______382 State total...... 1,764,843: Washington... "" ~ 5,698 ■ Dickenson______1 138 Floyd______856 Giles______305 W est V irginia Total to counties 255,610 Grayson______242 Lee______1,085 fejZ® ior new fanns...... __ 200 Montgomery______. 784 District t K^erye for appeals, correc­ Pulaski...... — ...... 608 tions and missed farms 300 Russell.__...______1,189 ... . 1 i . j) Barbour______126 Scott...... — _____ ...... 1, 111 Brooke______275 State total 256.110 Smyth...... — ...... 1,101 Hancock.. ______276- Tazewell___ .... ______1,130 Harrison...... ______:...... 10 Washington.— . ______2,682 Lewis______...... 10 V ermont Wise.— ...... — ...... 5 Marion____ ... ______8 Wythe..______2,254 Marshall______350 Addison___ M onongalia. ______•____ _ 59 221 Ohio______Chittenden 162 Grand Isle. 54 Pleasants.....______, 16 Orleans___ 27 Charlotte-..______3,480 Preston____ .... ______691 Windham.. 12 Franklin...... 3, 529 Ritchie___—— ______2 2 Halifax______6,487 Taylor______48 Henry...... 671 Tyler______16 Total to counties...... 316 Lunenburg...... 2," 088 Upshur____ d______; . . . . r 65 Nottaway. _ _ . Wetzel...... - Reserve for new farms_____ 1,660 16 2 Patrick ______309 Wood______! . . 282 aPPeate. correc. Pittsylvania—...... 11,093 tions and missed farms__ 3 District t Braxton___J-.______. State total.. 3 321 Cabell_____ — ____ j . . 41 11846 RULES AND REGULATIONS

W e s t ViRGiNiA-^-Continued W is c o n sin —Continued Allotment available to counties from State a p p o rtio n m e n t™ *47,689,559 Additional allotment appor­ Acreage County Acreage County reserve for tioned to counties' from the apportioned reserve for apportioned Counties to counties appeals and National reserve------i 5,683 Counties to counties appeals and from State corrections from State corrections allotments allotments Total allotment appor­ tioned to counties------47,695,242 District7 District 4— Continued 1 T o be apportioned after farm allotment Fayette______...... 58 Crawford. 54 review. Jackson______127 Grant..-,'-- 196 3 5,683 acres apportioned to counties, leav­ Kanawha______1 186 1 Iowa_____ ing 8,700 acres unapportioned. Lincoln..____ »______Lafayette. 62 Mason______£______»___ 1,187 Richland. 66 3 Includes allotment of 10 acres for New Mercer______... ______183 Sank—_... 719 Hampshire. Nicholas______... _____ 199 Vernon.... 15 Putnam______i____ 179 (Secs. 334, 375, 52 Stat. 54, as amended, 66, as 54 Raleigh______Districts am ended; 7 U.S.C. 1334, 1375) Roane______:___ *______12 Wayne____ . . . . ______13 Columbia. 1,189 Effective date. Upon date of publica­ W ebster______... 1 Dane..___ 889 Wirt— ______19 Dodge__ _ 812 tion in the F e d e r a l R e g is t e r . Green____ 61 Districts 536 Signed at Washington, D.C., on Sep­ 2,548 Jefferson.. Berkeley______Rock___ _ 1,314 Grant—___ ...... 1,913 tember 9, 1965. Greenbrier___ »_____ 1,110 Districts O r v il l e L . F r e e m a n , Hampshire___ ss____ 1,391 Kenosha______1,306 Hardy...... 1,256 Milwaukee______765 Secretary. Jefferson______6,431 815 Osaukee______[F.R. Doc. 65-9722; Filed, Sept. 15, 1965; Mineral______630 Racine______4,208 Monroe...___ 2,050 Walworth______923 8:45 a.m .] Morgan____ ... __ _ 1,090 Washington______1,077 Pendleton______1,476 Waukesha______1,150 Pocahontas.....___ 342 Randolph.....___ _ 153 Total to counties. 26,942 Summers. ___».. 238 Tucker______14 Reserve for new forms_____ 100 Title 5— ADMINISTRATIVE 24,132 Reserve for appeals, correc­ Total to counties. tions and missed forms...... 100 PERSONNEL Reserve for new forms_____ State total.. 27,142 Reserve for appeals, correc­ Chapter I— Civil Service Commission tions and missed farms___ W yoming State total. 24,232 FART 731— SUITABILITY

District 1 PART 752— ADVERSE ACTIONS BY W isconsin AGENCIES Big Horn___ 726 Fremont-__ 1,626 43 PART 754— ADVERSE ACTIONS BY District 1 Hot Springs. Park.»...__ 1,907 Barron... 20 42 THE COMMISSION Bayfield__ 110 Washakie___ 40 Burnett___ District t PART 772— APPEALS TO THE Chippewa.. 55 33 COMMISSION Douglas___ Campbell. 26,217 Polk___ ... 137 23,643 Rusk...___ 3 Crook___ , Johnson__ 4,323 Miscellaneous Amendments Sawyer..... 1 9,928 19 Sheridan.. Washburn. Weston__ 7,604 The Civil Service Commission has de­ cided to bring the Commission’s due- District t District S Ashland. .11 Lincoln. 3,051 process procedures in line with that of Clark_____ 101 Teton__ 626 section 14 of the Veterans’ Preference Act Iron..___ _ .2 37 U n coin... 56 Uinta... and Part 752 (Adverse Actions) of the Marathon. 266 District 4 Commission’s Regulations in those cases Oneida___ , 57 9,093 13 Carbon.. in which the Commission instructs an Price...__ Natrona. 65 Taylor..— 28 agency to take disciplinary-type action District 6 against an employee who has completed Districts Converse. 6,041 Florence. 1 61,401 the normal 1-year subject-to-investiga- 28 Goshen... Forest.___ Laramie.. 68,801 tion period. To give effect to this de-/ Langlade- 125 7,972 141 Niobrara. cision, a new Part 754, Adverse Actions Marine tte. Platte...» 33,747 Oconto..».. 178 by the Commission, has been approved. 189 Shawano.. Total to counties. 245,893 1. Part 754 reads as follows: District 4 Reserve for new farms.—.__ _ 200 sec. Buffalo,.... — .*L 382 Reserve for appeals, correc­ Dunn___ _— ------92 tions and missed farms----- 60 754.101 Scope. Eau Claire------£ 143 754.102 Notide of proposed action. 105 Jackson..____ —». State total. 246,143 754.103 Answer. La Crosse______125 Monore____——____ 92 754.104 Decision. Pepin___ .....—----- 432 Apportionment op National Allotment 754.105 A ppeal rights. Pierce.------1,342 St. Croix...... ___ 444 National allotment apportioned Acres Authority : The provisions of this Pext Trempealeau______343 to States— __— ------— 47, 715,607 754 issued under R.S. 1753, sec. 2,, 221 Stai. 403, as amended; secs. 11, «68 District 6 Unapportioned special acreage Adams. —— ...... 163 reserve1______70,000 391, as amended; 5U.S.C. 631,. 633, 88» Green L ak e...... 371 National reserve *______£•22 14,393 E.O. 10577, 19 F.R. 7521, 3 CFR, Juneau...... ______64 Comp., p. 218, E.O. 10988, 27 F3L55L » Marquette.__5.»— » 384 terpret or apply sec. 14, 58 Stat. 390, Portage______221 National acreage allot­ Waupaca____ . . ...^» 104 m ent ______• 47,800,000 amended; 5 US.C. 863. W aushara.___ SaalS 273 National allotment apportioned 24 Wood».__ to States______— __* 47,715,-607 §754.101 Scope. Districts State Reserves: This: part sets forth the procedures to Brown______— 150 A. New Farms____ — 10,942 be followed when the Director o Calumet, 392 B. Appeals, Correc­ Door.— —.“__ ».i— i 826 Commission’s Bureau of Fon du Lac...,___ — 351 tions, and Missed vestigations o r his designee (rrferredto Kewaunee______561 Farm s ____ —_1- 15,106 in this part as the Director» . ajttog m Manitowoc.______447 184 Outagamie______Total of State der authority of S 5.4 or 8 731£ 02(b) o Sheboygan______506 Winnebago______424 Reserves ______— - 26,048 this chapter, instructs an agency Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11847 move or take other disciplinary action § 731.302 Actions against employees by tive action required, and notification of against an employee in the competitive the Commission. the right of either party to appeal to the service who was appointed subject to (a) For a period of 1 year after the Board of Appeals and Review. In addi­ investigation under § 731.301 of this effective date of an appointment subject tion, the decision on each appeal under chapter and who has served more than to investigation under § 731.301, the Subpart H, Part 315, and Subparts B 1-year as a career, career-conditional, Commission may instruct an agency to and C of Part 752, and Part 754 of this overseas limited, indefinite, or term em­ remove an appointee when it finds that chapter, shall include an analysis of the ployee under his current appointment. he is not qualified or is unsuitable for any findings and a statement of the reasons for the conclusions reachèd. Except as § 754.102 Notice o f proposed action. of the reasons cited in § 731.201. Part 754 of this chapter does not apply to this provided in paragraph (b ), the agency The Director shall notify the employee action. shall report, within 7 days after receipt in writing of the proposed action and (b) Thereafter, the Commission may of the decision, that it has carried the of the charges against him. The notice require the removal of an employee on decision into effect-or that it is.appealing ! state any and all reasons, specifi­ the basis of intentional false statement the decision to the board. cally and in detail, for the proposed ac­ or deception or fraud in examination or (b) When an employee makes a timely tion. The Director shall send a copy of appointment. Part 754 of this chapter appeal to the Board of Appeals and Re­ this notice to the employing agency. applies to this action. view under § 772.307 from a decision of The employee is entitled to at least 30 (c) An action to remove an appointee the Appeals Examining Office affirming full days’ advance notice of the proposed or employee taken pursuant to an in­ an adverse decision of the agency under action, and to be retained in an active struction by the Commission is not sub­ Part 754, that decision may not be given duty status during the notice period. ject to Part 752 of this chapter. Part effect until the Board of Appeals and § 754.103 Answer. 752 of this chapter applies when removal Review has adjudicated the appeal. (a) Employee’s answer. An employee or other disciplinary action covered by (R.S. 1753, sec. 2, 22 Stat. 403, as amended; may answer the charges either orally that part is initiated by an agency. secs. 11, 14, 19, 58 Stat. 390, 391, as amended, sec. 1101, 63 Stat. 971, sec. 113, 68 Stat. 1108; (R .S. 1753, sec. 2, 22 Stat. 403, as amended; in person, or in writing, Or both, and fur­ 5 U.S.C. 631, 633, 860, 863, 868, 1072, 1072a; 5 U.S.C. 681, 633; E.O. 10577, 19 F.R. 7521, 3 nish affidavits in support of his answer. E.O. 10577, 19 F.R. 7521, 3 CFR , 1954r-1958 CFR, 1954-1958 Comp., p. 218), The time limit for filing an answer is 15 Comp., p. 218, E.O. 10988, 27 F U . 551) days from the date the employee receives 4, Certain sections of Part 772 and the U n it e d S t a t e s C i v i l S e r v ­ the notice. The Director shall consider title of Subpart C are amended as set out ic e C o m m i s s i o n , any answer that the employee makes in below. reaching his decision. [ s e a l ] M a r y V . W e n z e l , (b) Agency’s answer. In actions pro­ Subpart C—'Commission’s Appellate Executive Assistant to posed under § 5,4 of this chapter, the Review of Actions Against Em­ the Commissioners. agency may also answer the notice of ployees [FJEt. Doc. 65-9844; Filed, Sept. 15, 1965; proposed adverse action. The time limit 8:48 a.m .] for filing an answer is 15 days from the § 772.301 Coverage. date the agency receives a copy of the (a) Agency-initiated actions. Except notice. The Director shall consider any as otherwise provided, this subpart ap­ answer that the agency makes in reach­ plies to appeals to the Commission under Title 6— AGRICULTURAL ing his decision. \ Subpart H of Part 315 of this chapter, CREDIT § 754.104 Decision. Subpart B of Part 330 of this chapter, Subpart I of Part 351 of this chapter, Chapter I— Farm Credit The Director shall notify the employee Subpart E of Part 531 of this chapter, and the agency of his decision and inform and Subparts B and C of Part 752 of this Administration him of his appeal rights. The decision chapter. SUBCHAPTER D— FEDERAL INTERMEDIATE CREDIT shall be in writing, be dated, and inform (b) Commission-initiated actions. Ex­ BANKS AND PRODUCTION CREDIT ASSOCIA­ the employee of the reasons for the cept as otherwise provided, this subpart TIONS decision. applies to appeals to the Commission PART 50— PRODUCTION CREDIT § 754.105 Appeal rights. from adverse actions effected under Part 754 of this chapter. In these appeals, ASSOCIATIONS (a) An employee may appeal an ad­ the Commission’s Bureau of Personnel Subpart B— Investments and verse decision Qf the Director to the Investigations is deemed the “agency” as Appeals Examining Office. The appeal that term is used in this subpart. Dividends shall be in writing and shall set forth A m o u n t s o f I n v e s t m e n t a n d A p p r o v e d the employee’s reasons for contesting the § 772.304 Evidence. S e c u r i t i e s adverse decision, with such offer of proof (a) Coverage. This section applies and pertinent documents as he is able only to appeals under Subpart H of Part As prescribed by the farm credit board to submit. / ' 315 of this chapter, Subparts B and C in each of the twevle farm credit districts (b> The time limit for filing an appeal of Part 752 of this chapter, and Part 754 with the approval of the Farm Credit is 10 days from the date the employee of this chapter. Administration pursuant to section 23 of receives the notice of adverse decision. the Farm Credit Act of 1933, as amended * * * * * Appeals Examining Office may waive (12 U.S.C. 1131g), § 50.201 of Title 6 of this time limit for good cause. § 772.305 Hearings. the Code of Federal Regulations (29 F.R. (c) An employee who appeals under Ca) Coverage. This section applies 7983) is amended to read as follows: this section is entitled to be retained in only to appeals under Subpart B of Part § 50.201 Amount o f investment and ap­ an active duty status until action on his 752 of this chapter and Part 754 of this proved securities. appeal is completed under Part 772 of chapter. this chapter. . •"i -1 Each production credit association ♦ . * * * * shall maintain investments in securities ,. title of Part 752, “Adverse Ac- § 772.306 Decision on initial appeal. approved for that purpose by the Farm ns”, has been changed to “Adverse 10 Credit Administration in an aggregate Actions by Agencies”. (a) The office of the Commission hav­ ing initial jurisdiction of the appeal, amount not less than such mipimiirn v f 753, sec* 2> 22 Stat. 403, as amended, after making such investigation as it amount as may be prescribed by the 19> 58 Stat. 390,. 391, as amended; 5 considers necessary, shall issue a written Bank. Among the classes of obligations iw i o631, 633> 860» 868; E.O. 105.77, 19 F.R. decision and send copies thereof to the approved by the Farm Credit Adminis­ 10988 y S 1954-1958 Comp., p. 218, E.O. *11808, 27 F it. 551) appellant, his representative, and the tration for such investment are the fol­ agency. The decision on each appeal lowing: p ^ o f y 011731302 ° f Part 731 is amend- covered by this part shall contain find­ (a) Bonds and other direct obligations ■ as set out below. ings, recommendations for any correc­ of the United States. No. 179.------4 11848 RULES AND REGULATIONS

(b) Consolidated Federal farm loan The amendments set forth herein re­ §108,2 - Disposition of animals adminig, bonds, consolidated debentures of the flect certain minor changes from the tered experimental biological prod­ banks for cooperatives, and public issues proposals contained in the notice of rule ucts or live organisms. of securities of the Federal Home Loan making. Such changes are less restric­ Safeguards as herein provided shall be Banks and the Federal National Mort­ tive in nature and were made pursuant established by the research investigator gage Association. to comments received from interested or research sponsor to control disposi­ (c) Soil and water conservation loans persons who responded to such notice. tion of all animals administered experi­ and farm ownership loans made under After due consideration of all relevant mental biological products or live or­ programs administered by the Farmers matters, including the proposals set ganisms. Home Administration, when payment forth in the aforesaid notice of rule (a) Surviving test animals ^including thereof is guaranteed by the United making and the comments and views re­ challenged control animals) shall not be States, ceived from interested persons, and pur­ removed from the premises on which the (d) Bonds of a State, municipality, suant to the authority contained in the tests"are conducted for at least 14 days political subdivision, or public agency or Virus-Serum-Toxin Act of March 4, after administration of an experimental instrumentality thereof, when approved 1913 (21 U.S.C. 151-158), Parts 101 and biological product or live organisms: by the Bank on a case basis within limita­ 103 of Subchapter E, Chapter I, Title Provided, however, That this holding pe­ tions prescribed by the Farm Credit Ad­ 9, Code of Federal Regulations* are riod may be increased or decreased as ministration. hereby amended as follows: permitted or required by the Director Other types of investments may be ap­ 1. Section 101.1 is amended by adding following review of all relevant informa­ proved by the Farm Credit Administra­ two new paragraphs (jj) and (kk) tb tion or data available. tion on a case basis. read as follows: (b) All animals administered experi­ (Sec. 23, 48 Stat. 261, as amended; 12 U.S.C. § 101.1 Definitions, mental biological products which are to H 3 1 g) * * * * * be slaughtered at establishments subject to the Meat Inspection Act, as amended G l e n n E . H e i t z , (jj) Research investigator or research Acting Governor, sponsor. A person who is developing a and extended (21 U.S.C. 71-91, 96) are subject to the applicable requirements Farm Credit Administration. biological product for which a U.S. Vet­ of § 309.20 of this title (Meat Inspection [F.R. Doc. 65-9831; Filed, Sept. 15, 1965; erinary License or U,S. Veterinary Per­ 8:48 a.m.] mit has not been issued and who has Regulations). (c) Except as otherwise provided in requested permission to make interstate this paragraph, the research investigator movements of an experimental biological or research sponsor shall maintain ade­ product or has been granted such.au­ quate records relative to the disposition Title 9— ANIMALS AND thorization by the Director for the pur­ of each animal administered experi­ pose of conducting field evaluations. mental biological products. These rec­ ANIMAL PRODUCTS (kk) Experimental biological product. ords shall be maintained for a minimum Chapter I— A gricu ltu ral Research A biological product which differs from a licensed biological product in composi­ period of two years from the date that an experimental product was adminis­ Service, Department of Agriculture tion and/or method of preparation or tered to such animal, and shall show the for which no U.S. Veterinary License or SUBCHAPTER E— VIRUSES, SERUMS, TOXINS, AND name and address of the owner; number, U.S. Veterinary Permit has been granted ANALOGOUS PRODUCTS; ORGANISMS AND species, class and location of the animals; VECTORS to the manufacturer or importer, and such biological product has been pro­ and if sold, the name and address of the consignee, buyer, commission firm PART 101— GENERAL PROVISIONS duced within a licensed establishment or or abattoir: Provided, however, That a is being evaluated to substantiate an ap­ PART 103— EXPERIMENTAL PRODUC­ research investigator or research spon­ plication for such license or permit. TION, DISTRIBUTION, AND EVALU­ sor may be exempted from these record­ ATION OF BIOLOGICAL PRODUCTS 2. Part 103 is amended by revising keeping requirements by the Director on PRIOR TO LICENSING § 103.1, deleting § 193.3, redesignating the basis of acceptable data demonstrat­ § 103.2 as new § 103.3 and adding para­ ing that use of the experimental bio­ Miscellaneous Amendments graphs (f) and (g) and adding new logical product will not result in the On April 17, 1965, there was pub­ § 103.2 to read as follows: presence of any unwholesome condition in the edible parts of animals, subse­ lished in the F e d e r a l R e g is t e r (30 F.R. § 103.1 Preparation of experimental bi­ 5514) , a notice with respect to proposed ological products. quently presented for slaughter. amendments to Parts 101 and 103 of the Except as otherwise provided in this § 103.3 Distribution of experimental bi­ regulations relating to viruses, serums, section, experimental biological products ological products. toxins and analogous products; organ­ which are neither composed of nor pre­ ***** isms and vectors (9 CFR Parts 101 and pared with organisms or antigens used in (f) Data acceptable to the Director 103), issued pursuant to the provisions biologicals already licensed, shall not be demonstrating that use of the experi­ of the Virus-Serum-Toxin Act of March prepared in the production facilities of mental biological product in meat ani­ 4, 1913 (21 U.S.C, 151-158) . a licensed establishment. Upon appli­ mals is not likely to result in the pres­ Because of interest which became evi­ cation therefor, the Director may author­ ence of any unwholesome condition in dent near the end of the period permitted ize the preparation of experimental the edible parts of animals subsequently for submission of views relating to these products' on the premises of a licensed presented for slaughter. proposed regulations, there was pub­ establishment if he determines that such (g) A statement from the research lished in the June 11, 1965, issue of the preparation will not result in contamina­ investigator or research sponsor agree­ F e d e r a l R e g is t e r (30 F.R. 7608), a no­ tion of the licensed products. Each re­ ing to furnish, upon the Director’s re­ tice extending the period to submit writ­ quest for permission to prepare an ex­ quest, additional information concern­ ten data, views or arguments until July perimental biological product on licensed ing each group of meat animals involve 12, 1965. premises shall indicate the nature of the prior to movement of these animal The purpose of these régulations is to unlicensed product, designate facilities from the premises where the test is to oe clarify and strengthen procedures to as­ to be used, and specify precautions which conducted.’ Such information shall in­ sure disposition of animals used to eval­ will be taken to prevent contamination clude the owner’s name and address, uate experimental biological products of licensed products. Such requests shall number, species, class and location o subject to the Virus rSerum-Toxin Act of be submitted to the Director. Research animals involved; date shipment an­ March 4, 1913 (21 U.S.C. 151-158), in a facilities that are entirely separate and ticipated; along with name and address manner which will prevent the spread of apart from facilities used for the prepa­ of consignee, buyer, commission firm disease and which is in accordance with ration of licensed biological products will abattoir. provisions of Meat Inspection Regula­ riot be considered a part of the licensed tions (9 CFR 9.20). • premises for purposes of this section. (37 Stat. 832-833; 21 U.S.C. 151-158) Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11849

The reporting and/or record-keeping dure hereon are impracticable and good making through submission of com­ requirements contained herein have been cause exists for making this amend­ ments. The comment received was approved by the Bureau of Budget in ac­ ment effective iri less than 30 days. favorable. cordance with Federal Reports Act of In consideration of the foregoing, and In consideration of the foregoing, Part 1942. pursuant to the authority delegated to 71 of the Federal Aviation Regulations These amendments shall become effec­ me by the Administrator (25 F.R. 6489), 4s amended effective 0061 e.s.t., Novem­ tive 30 days after publication in the F e d ­ § 39.13 of Part 39 of the Federal Aviation ber 11, 1965, as hereinafter set forth: eral R e g is t e r . Regulations is amended by adding the In § 71.181 (29 FJt. 17643) the follow­ ing transition area is added: Issued at Washington, D.C., this 13th following new airworthiness directive: day of September 1965. M o o n e y . Applies to Models M20 and M20A A m e s , I o w a airplanes. That airspace extending upward from 700 R . J. A n d e r s o n , Compliance required within the next 25 feet above the surface within a 6-mile radius Acting Administrator, hours’ time in service after the effective date of the Ames Municipal Airport (Latitude of this AD unless already accomplished with­ Agricultural Research Service. 41°59'25" N., longitude 93°37'05" W.) and in the last 75 hours’ time in service and w ith in 5 miles S W and 8 m iles N E o f the 127° [F.R. Doc. 65-9843; Piled, Sept. 15, 1965; thereafter at intervals not to exceed 100 8:48 a.m .) bearing from Ames Municipal Airport, ex­ hours’ time in -service from the last in­ tending from the airport to 12 miles SE. spection. To prevent further cracking in the tubu­ (Sec. 307(a), Federal Aviation Act of 1958 lar steel tail truss that supports the em­ (49 U.S.C. 1348)) Title 14— AERONAUTICS AND pennage, accomplish the following: (a) Remove sheet metal fairing over tail Issued in Kansas City, Mo., on Sep­ truss, remove and disassemble empennage, tember 7,1965. SPACE and remove tall truss. Inspect visually for D o n a l d S. K i n g , cracks all welded joints and adjacent struc­ Acting Director, Central Region. Chapter I— Federal Aviation Agency ture in tail truss, P/N 4009, using at. least [F.R. Doc. 65-9797; Filed, Sept. 15, 1965; [Docket No. 6449; Arndt. No. 21-5] a 10-power glass or PAA-approved equivalent. (b) If cracks are found in U-fitting, P/N 8:45 a.m.] PART 21— CERTIFICATION PROCE­ 4010, at the lower forward end of the truss, repair before further flight in accordance DURES FOR PRODUCTS AND PARTS [Airspace Docket No. 6 5-SW -12] with Mooney Service Letter No. 20-68 or Subpart J— Delegation Option later PAA-approved revision or an equivalent PART 71— DESIGNATION OF FEDERAL approved by the Chief, Engineering and Authorization Procedures Manufacturing Branch, FAA Southwest AIRWAYS, CONTROLLED AIRSPACE, . Correction Region. AND REPORTING POINTS (c) If cracks are found in the tall truss In F.R. Doc. 65-9405 appearing at page within 0.50 inch of an existing weld bead Alteration of Transition Area 11373 in the issue for Wednesday, Sep­ except in U-fitting, P/N 4010, repair before On June 9, 1965, a Notice of Proposed tember 8, 1965, the following corrections further flight in an PAA-approved manner are made; In the first paragraph of the flame annealing any area where old and Rule Making was published in the F e d ­ n ew welds join. e r a l R e g is t e r (30 F.R. 7525) stating that middle column on page 11374, the second (d) If cracks are found in the tail truss the Federal Aviation Agency proposed to sentence should read in part “* * ♦ i s ­ 0.50 inch or more from an existing weld sue of airworthiness approval tags alter the controlled airspace in the bead except in U-fitting, P/N 4010, before Little Rock, Ark., terminal area. * * iiv4he second paragraph of the further flight— same column, the second sentence should (1) Replace the tail truss with an unused Interested persons were afforded an read in part “ * * * since it involves the part of the same part number or an equiva­ opportunity to participate in the rule making through submission of com­ prescription of airworthiness stand­ lent approved by the Chief, Engineering and ards * * Manufacturing Branch, FAA Southwest ments. All comments received were Region; or favorable. (2) Repair it in a manner approved by the In consideration of the foregoing, Part [Docket No. 1713; Arndt. No. 21-6] Chief, Engineering and Manufacturing Branch, FAA Southwest Region or by a 71 of the Federal Aviation Regulations PART 21— CERTIFICATION PROCE­ Mooney Aircraft, Inc., designated engineering is amended, effective 0001 e.s.t. Decem­ DURES FOR PRODUCTS AND PARTS representative. ber 9, 1965, as hereinafter set forth. (Mooney service letters Nos. 20-30, 20-49, In § 71.181 (30 F.R. 5829) the Little Subpart M— Designated Alteration and 20-49A also pertain to this subject.) Station Authorization Procedures Rock, Ark., transition area is amended (Secs. 313(a), 601, and 603, Federal Aviation to read: Act of 1958; 49 U.S.C. 1354(a), 1421, 1423) Correction L it t le R o c k , A r k . In P;R- Doc. 65-9404 appearing at page This amendment becomes effective That airspace extending upward from 700 11376 in the issue for Wednesday, Sep­ September 16, 1965. feet above the surface within an area be­ tember 8, 1965, the last word in § 21.435 Issued in Washington, D.C. on Septem­ ginning at latitude 34°28'00” N., longitude (a) is corrected to read “certificate”. 92°22'00" W., to latitude 34°28'00" N., longi­ ber 9, 1965. tude 92°32'00" W., to latitude 34°37'00" N., G. S. M o o r e , [Docket No. 6904; Arndt. 39-138] longitude 92°33'00" W., to latitude 35°06'00" Director, N., longitude 92°18'00" W., to latitude PART 39— AIRWORTHINESS Flight Standards Service. 35°06'00" N., longitude 91°58'00" W„ to latitude 34°47'00" N„ longitude 91°56'00" DIRECTIVES [F.R. Doc. 65-9796; Filed, Sept. 15, 1965; W., to latitude 34°31'00" N.,. longitude 8:45 a.m .] Mooney Models M20 and M20A 92°01'00" W., to point of beginning, and Series Airplanes within 2 miles each side of the Little Rock VORTAC 137° radial, extending from the [Airspace Docket No. 65-CE-77] , ï ï ere ■*iave been fatigue cracks in the VORTAC to the north boundary of the Pine ^UDuiar steel tail truss that supports the PART 71— DESIGNATION OF FEDERAL Bluff, Ark., transition area; and that air­ space extending upward from 1,200 feet X înnage of Mo°ney Models M20 and AIRWAYS, CONTROLLED AIRSPACE, “r 0A Series airplanes that could result above the surface within an area bounded complete failure of the truss. Since AND REPORTING POINTS by a line beginning at latitude 34°26'00" N., longitude OS'Sl'OO" W., to latitude 35°00'00" in s,^>n^i^bn is likely to exist or develop Designation of Transition Area N., longitude 93°13'00" W., to latitude

00'' N., longitude 91°56'00" W.; and that 15 U.S.C. 45) [Cease and desist order, Inter­ 7. That the opportunities for employ­ airspace extending upward from 5,000 feet state Training Service Corp. et al., Portland, ment, improvement, and advancement in MSL within an area bounded by a line be­ Oreg., Docket 5764, M ay 19, 1965] the field of Diesel equipment operation ginning at latitude 35°00'00" N„ longitude are unusual and unlimited for those who 93°13'00'J W., to latitude 35°44'00" N., In the Matter of Interstate Training longitude 92°57'00" W., to latitude 35°59'00” Service Corp., a corporation, and Con- take respondents’ course without many N., longitude 92*00'00" W., to latitude . ard E. Green, and Lean A. Crouch, in­ years of previous practical experience in 35*33'00” N.f longitude 91*32'00" W„ to dividually and as officers of said cor­ that field; latitude 35°23'00" N., longitude 91°34'00" poration, and also trading as copart­ 8. That students receive resident shop W., to latitude 35°28'00" N., longitude ners under the firm name of Interstate or on-the-job training unlesis respond­ 92°25'00" W., to point of beginning; ex­ Training Service; and Conard E. ents are able to establish that such train­ cluding the portion extending upward from Green, Leon A. Crouch, and Jacob W. ing is furnished and unless respondents 5,000 feet M S L th at lies w ith in Federal clearly disclose all of the terms and .airways. Spatz, trading under the firm name of American Academy of Applied Science. conditions under which the training is (Sec. 307(a), Federal Aviation Act of 1958 furnished in immediate conjunction with (49 TJJS.q. 1348) ) Order modifying cease and desist order any such representation; of December 5,1950,16 F.R. 1719, against 9. That respondents’ salesmen are vo­ Issued in Port Worth, Tex., on Sep­ sellers of a correspondence course in the tember 7,1965. cational advisors or field engineers, or operation, maintenance, and repair of that they are otherwise qualified to give H e n r y L. N e w m a n , diesel engines, the commission modified Director, Southwest Region. prospective students aptitude tests; paragraphs 1, 2, 3, and 8 of the order 10. That the Western Adjustment Bu­ [F.R. Doc. 65-9798; Filed, Sept. 15, 1965; prohibiting misrepresentation as to selec­ reau, or any other name used by respond­ 8:45 a.m.] tion of students, length of course, rela­ ents, or any of them, for the purpose of tionship with manufacturers, and on- collecting money due them, is a separate the-job training. [ Airspace Docket No. 65—S0 -1 ] or independent organization. The order to cease and desist, as modi­ It is further ordered, That Conard E. PART 73— SPECIAL USE AIRSPACE fied, is as follows : Green, Leon A. Crouch, and Jacob W. It is ordered, That Conard E. Green Alteration of Restricted Area Spatz, individually or as partners, doing and Leon A. Crouch, individually and as business under the name of the American Correction copartners trading under the name of Academy of Applied Science, or any other In F.R. Doc. 65-9471 appearing at page Interstate Training Service, or trading trade or partnership name, and their 11502 in ttie issue for Thursday, Septem­ under any other trade or partnership agents, representatives and employees, ber v9, 1965, lines 10 through 12 of the name, and their agents, representatives, directly or indirectly, through any cor­ fourth paragraph are corrected to read and employees, directly or indirectly, porate or other device, in connection with as follows: Latitude 32°31'46" N., longi­ through any corporate or other device, the sale, offering for sale, or distribution tude 84°39'25" W .; to latitude 32918'30" in connection with the sale, offering for of courses of study and instruction in N., longitude 84°39'25'' .W .;” therefor; sale or distribution of courses of study fingerprinting or fingerprinting science, and by. v and instruction in the operation, main­ in commerce, as “commerce” is defined tenance, and repair of Diesel engines, in the Federal Trade Commission Act, do gasoline engines, and heavy equipment in forthwith cease and desist from repre­ commerce, as “commerce” is defined in senting, directly or by implication: Title 16— COMMERCIAL the Federal Trade Commission Act, do 1. That the opportunities for employ­ forthwith cease and desist from repre­ ment and advancement in the field of PRACTICES senting, directly or by implication: fingerprinting and crime detection are 1. That students are selected or ac­ Chapter I— Federal Trade Commission unusual and unlimited for those who take cepted on the basis of mechanical apti­ respondents’ course; [D ocket No. 5764 o.] tude or upon the recommendation of 2. That the demand for men trained respondents’ representatives unless re­ merely in courses such as respondents’ PART 13— PROHIBITED TRADE spondents are able to establish that se­ PRACTICES is great and the supply inadequate; lection is limited to- persons having such 3. That many fingerprint bureaus are Interstate Training Service Corp. et al. aptitude or recommendation; being enlarged and many more planned; 2. That respondents’ course of training 4. That there is a position to suit every Subpart— Advertising falsely or mis­ in the maintenance, repair, and opera­ preference in the fingerprinting field or leadingly: § 13.15 Business status, advan­ tion of Diesel engines may be completed something which will appeal to every tages, or connections: 13.15-30 Connec­ in any specified time unless respond­ aptitude; tions or arrangements with others; ents are able to establish either that all 5. That salaries in the fingerprinting 13.15-215 Organization and operation; persons accepted pursuant to Paragraph field are considerably above the average; § 13.55 Demand, business or other oppor­ 1 above may complete the training in J 6. That fingerprinting work is filled tunities; § 13.75 Free goods or services; the time specified or that in immediate with excitement, and intrigue or packed §13.115 Jobs and employment service; conjunction with said representation with thrills, color, or romance; § 13.170 Qualities or properties of product respondent has clearly set forth the con­ 7. That students are selected by re­ or service. Subpart—-Misrepresenting ditions or assumptions upon which said spondents on the basis of aptitude and oneself and goods— Business status, ad­ representation is based ; personality, or that the training is vantages or connections: § 13.1390 Con­ 3. That respondents work closely with limited to those applicants who can cealed subsidiary, fictitious collection qualify by nature or disposition for the agency, etc.; § 13.1515 Organization and or have any other relationship with manufacturers, contractors, or others in work; operation; § 13.1520 Personnel or staff; 8. That the placement service or the Misrepresenting oneself and goods— the Diesel engine field unless respond­ equipment furnished by respondents is Goods: § 13.1610 Demand for or business ents are able to establish the existence free to those taking the course; opportunities; § 13.1625 Free goods or of such relationship; 9. That the U.S. Government is in need services; § 13.1670 Jobs and employment; 4. That students, after completion of of those who take respondents’ course; § 13.1735 Sample, offer, or order con­ respondents’ course, are qualified to op­ 10. That respondents employ “field formance. Subpart—Offering unfair, erate, service, and ‘repair any Diesel representatives” or “division chiefs improper and deceptive inducements to equipment, regardless of size or kind, other than, salesmen. purchase or deal: § 13.1955 Free goods; and are able to compile cost estimates; It is further ordered, That the com­ § 13.1960 Free service; § 13.1995 Job plaint herein be, and it hereby is, dis­ guarantee and employment; § 13.2015 5. That students are assured or guar­ missed as to respondent Interstate Train­ Opportunities in, product , or service; anteed employment after completion of ing Service, an Oregon corporation, an § 13.2060 Sample, offer, or order con­ respondents’ course; formance. 6. That the placement, consultation, as to respondents Conard E. Green an Leon A. Crouch, solely in their capacities (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret and revision services and students’ sup­ or apply sec. 5, 38 Stat. 719, as am ended; plies furnished by respondents are free; as officers of said corporation. Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11851

It is further ordered, That paragraph 8 tive Procedure Act are unnecessary be­ 8, part 2A, Tariff Schedules of the United of said complaint be, and it hereby is, dis­ cause such renumbering and amend­ States, relating to personal exemptions missed as to all the respondents. ments relate to matters of practice and accorded returning residents of the Issued: May 19,1965. procedure and do not involve any sub­ United States and the provisions in sec­ stantive change in existing requirements. tion 321(a) (2) of the Tariff Act of 1930, By the Commission. Such renumbering and amendments as amended, relating to the value of ar­ [ se al] J o s e p h W . S h e a , shall be effective on September 24, 1965. ticles subject to administrative exemp­ Secretary. Section 240.15b-l through § 240.15b-9 tion from duty or tax. of Chapter II of Title 17 of the Code [F.R. Doc. 65-9801; Filed, Sept. 15, 1965; To conform to the changes in the law 8:45 a.m .] of Federal Regulations are each re­ made by Public Law 89-62 and to make numbered as follows: certain required technical changes, the § 240.15b-l is renumbered § 240.15bl-l; Customs regulations are amended as § 240.15b—2 is renum bered § 240.15b3-l; follows: Title 17— COMMODITY AND § 240.15b—3 is renum bered § 240.15b2-l; § 240.15b-4 is renumbered § 240.15bl-3; PART 8— LIABILITY FOR DUTIES; EN­ § 240.15b-5 is renumbered § 240.15bl-4; TRY OF IMPORTED MERCHANDISE SECURITIES EXCHANGES § 240.15b-6 is renum bered § 240.15b6-l; § 240.15b-7 is renumbered § 240.15bl-5; § 8.3 [Amended] Chapter II— Securities and Exchange § 240.15b-8 is renumbered § 240.15bl-2; and Commission Section 8.3 is amended by substituting § 240.15b-9 is renumbered § 240.15b7-l. “fair retail value in the country of ship­ [Release No. 34-7700] (Secs 15(b) and 2 3 (a), 48 Stat. 895 and 901, ment” for “value” where it appears in as amended, 15 U.S.C. 78o and 78w) PART 240— GEN ERAL RULES AND paragraph (b ), the first sentence of par­ Section 240.15aa-l thro u g h agraph (c ), the third sentence of para­ REGULATIONS, SECURITIES EX­ graph (d) (2), paragraph (d) (4) (ii) and CHANGE ACT OF 1934 § 240.15aZ2-l of Chapter II of Title 17 of the Code of Federal Regulations are (iii) and (5), and the first sentence of Miscellaneous Amendments each renumbered as follows: paragraph (d) (6); and by amending the second sentence of paragraph (d) (6) to The Securities and Exchange Commis­ § 240.15aa-l is renumbered § 240.15Aa-l; read: “For example, an article ordinarily sion has announced that it has renum­ § 240.15ab-l is renumbered § 240.15Ab-l; § 240.15ag-l is renumbered § 240.15Ag-l; subject to an ad valorem rate of duty bered its rules under sections 15(b) and § 240.15aj-l is renum bered § 240.15AJ-1; but sent as a gift, if the fair retail value 15A of the Securities Exchange Act of and is $11, would be subject to a duty based 1934 ("Exchange Act”) , and that it has § 240.15&Z2-1 is renum bered § 240.15AZ2-1. upon its value under the provisions of amended Rules 15AZ2-1, 17a-5 and (Secs. 15A and 23(a), 52 Stat. 1070, as section 402 or 402a, Tariff Act of 1930, 19a3-l (17 CFR §§ 240.15aZ2-l, .17a-5 amended, 48 Stat. 901, as amended, 15 U.S.C. as amended, even though the dutiable and .19a3-l). The action was taken 78o-3 and 78w) value is less than $10.” to relate the rules adopted under Section 240.15AZ2-1 of Chapter II of (77A Stat. 14, sec. 624, 46 Stat. 759; 19 U.S.C. section 15(b) to the numbered para­ 1202 (G en. Hdnote 11), 1624.) graphs of that section, as amended by the Title 17 of the Code of Federal Regula­ Securities Acts Amendments of 1964, and tions is amended so that the reference to conform the numbering of the rules therein to § 240.15b-9 is revised to read PART 9— IMPORTATIONS BY MAIL § 240.15b7—1. under section 15A to the numbering of Section 9.3 is amended as follows: The the paragraphs of that section. (Secs. 15A and 23(a), 52 Stat. 1070, as first sentence of paragraph (b) is Prior to the Securities Acts Amend­ amended, 48 Stat. 901, as amended, 15 amended to read: ments of 1964, section 15(b) consisted of U.S.C. 78o-3 and 78w) § 9.3 Mail entries. four unnumbered paragraphs. As a re­ Section 240.17a-5 of Chapter II of sult of those amendments, that section Title 17 of the Code of Federal Regula­ * * * * * now consists of 10 numbered paragraphs. tions is amended so that the reference in (b) No mail or other entry shall be Therefore, the Commission has renum­ paragraph (b) (1) thereof to § 240.15b-8 issued for any shipment in the mails bered each of its rules under section is revised to read § 240.15bl-2. which is unconditionally free of duty 15(b) to identify the specific numbered and does not exceed $250 in value. * * * (Secs. 17(a) and 23fa), 48 Stat. 897 and 901, paragraph of that section to which each as amended, 15 U.S.C. 78q and 78w) ♦ * * * * such rule primarily relates. In addition, § 9.6 .[Am ended] to avoid confusion, the Commission has Section 240.19a3-l of Chapter n of renumbered the rules under section 15A Title 17 of the Code of Federal Regula­ Section 9.6 is amended by substitut­ "0 „change the initial lower case letter tions is amended so that the reference ing “fair retail Value in the country of a” in the designation of each of those therein to § 240.15b-9 is revised to read shipment” for “value” in paragraphs rules to the upper case letter “A ”, The § 240.15b7-l. (a) and (b) and in the quotation of sub­ Commission has also amended renum­ (Secs. 19(a) and 23(a), 48 Stat. 898 and 901, division (2), section 321(a) of the Tariff bered Rule 15A12-1 (17 CFR § 240.15A1 as amended, 15 U.S.C. 78s and 78w) Act of 1930, as amended, in footnote 6 ¿-1) and Rules 17a-5 and 19a3-l (17 appended to § 9.6(a). By the Commission. CFR §§ 240.17a-5 and .19a3-l) so that § 9.10 [Amended] the references in those rules to the re­ [ s e a l ] O r v a l L . D u B o i s , numbered rules under section 15(b) will Secretary. The heading of § 9.10 is amended by reflect the new designation of those rules. S e p t e m b e r 10,1965. substituting “$100 or $200” for “$200 or $300” therein. Paragraph (c) is deleted. Text of the Commission’s action. The [PR. Doc. 65-9802; Filed, Sept. 15, 1965; securities and Exchange Commission, 8:45 a.m .] (77A Stat. 14, sec. 624, 46 Stat. 759; 19 U.S.C. acting pursuant to the Securities Ex­ 1202 (G en. Hdnote 11), 1624) it; 1934, particularly sections th * 15A’ 17(a)* 19(a)> and 33(a) PART 10— ARTICLES CONDITIONALLY ereof, and deeming such action neces- Title 19-CUSTOM S DUTIES FREE, SUBJECT TO A REDUCED " F a*}d appropriate in, the public inter- RATE, ETC. Vp ahd tor the execution of the functions Chapter I— Bureau of Customs, steel in it, hereby renumbers each rule Department of the Treasury § 10.17 [Amended] ~™er sections 15(b) and 15A of the Se­ [T.D . 56481] Section 10.17 is amended as follows: curities Exchange Act of 1934, and amends renumbered Rule 15A12-1 (17 PERSONAL EXEMPTIONS ACCORDED 1. Paragraph (a) is amended by sub­ i S 5 240 15A12—1) and Rules 17a-5 and RETURNING RESIDENTS stituting “$100 or $200” for “$200 or $300” in the second sentence. tiïv V i (17 CFR §§ 240.17a-5 and Miscellaneous Amendments mif. as forth below. The Com- 2. Paragraph (b) is amended to read: “ n hpds that notice and procedure Public Law 89-62, approved June 30, (b) Articles acquired abroad. Subject uant to section 4 of the Administra­ 1965, amended the provisions in schedule to the limitations and conditions herein- 11852 RULES AND REGULATIONS after stated, each returning resident is vidual who arrives directly or indirectly be granted to a returning resident who entitled under items 813.30 and 813.31, from American Samoa, Guam, or the has taken advantage of such exemption and schedule 8, part 2, headnote 1, Virgin Islands of the United States (not within the 30-day period immediately Tariff Schedules of the United States,“ more than 1 quart of which shall have preceding his return to the United to bring in free of duty and internal been acquired elsewhere than in such States.25 The date of the returning revenue tax articles for his personnal or insular possessions). resident’s latest prior arrival on which household use which were purchased or 6. Paragraph (e) is deleted and a new he declared articles for allowance of the otherwise acquired abroad merely as an paragraph (e) is inserted as follows: $100 or $200 exemption shall be deemed incident of the foreign journey^ from the date he took advantage of the ap­ (e) Application of exemption to ar­ which he is returning and which ac­ plicable exemption. ticles subject to the highest rates of company him on his arrival. The ag­ (2) A returning resident who has re­ duty. The $100 or $200 exemption shall gregate fair retail value in the country of ceived a total exemption of less than be applied to the aggregate fair retail acquisition of such articles shall not $100 under the $100 exemption, or a total value in the country of acquisition of the exceed $100 or, in the case of a resident exemption of less than $200 under the articles subject to the highest rates of arriving directly or indirectly from $200 exemption, in connection with his duty.28 If an internal revenue tax is American Samoa, Guam, or thé Virgin applicable, it shall be combined with the return from one journey is not entitled Islands of thé United States, $200, of to apply the remainder of either amount duty in determining which rates are which not more than $100 shall have to articles acquired abroad on a subse­ highest. been acquired elsewhere than in such in­ quent journey. Articles acquired on one sular possession. These exemptions do 7. Footnote 23 appended to paragraph journey and left in a foreign country not apply to articles intended for sale or (e) is amended to read: cannot be allowed any exemption accru­ acquired on commission, i.e., for the ac­ 8. The first and second sentences of ing upon the importer’s return from a count of another person, with or without paragraph (f ) are amended to read: subsequent journey.. compensation for the service rendered. (f) Family grouping of exemptions. (1) Computation of time requirements. Each member of a family is entitled to (1) The 48-hour period a returning 3. Footnote 22 appended to paragraph resident must have been abroad to be Cb) is amended to read: the $100 or $200 exemption, subject to the conditions prescribed in schedule 8, entitled to an exemption shall be com­ 22 “Other articles accompanying such per­ part 2, Tariff Schedules of the United puted exactly. For example, a resident son, including (hut only in the case of an States. Articles belonging to one per­ leaving United States territory at 1:30 individual who has attained the age of 21) p.m. on June 1 would complete the 48- not more than 1 quart of alcoholic beverages son cannot be included in the $100 or $200 exemption of another person, but hour period at 1:30 p.m. on June 3. (or 1 wine gallon of such beverages if such (2) The 30-day period immediately individual arrives directly or indirectly from when members of a family residing in American Samoa, Guam, or the Virgin Is­ one household travel together on their preceding the resident’s return shall be lands of the United States, not more than 1 return to the United States, the $100 or computed by excluding the day of ar­ quart of which shall have been acquired else­ $200 exemption to which the several rival and counting backward 30 days. where than in such insular possessions) and members of the family may be entitled In the case of an arrival on May 28, the including not more than 100 cigars, acquired resident would not be entitled to the $100 abroad as an incident of the journey from may be grouped and allowed without regard to which member is the owner of or $200 exemption if he had taken ad­ which he is returning, for his personal or vantage of such exemption on or after household use, but not imported for the the articles except in the case of alco­ account of any other person nor intended holic beverages when such a member has the last preceding April 28. for sale, if declared in accordance with regu­ not attained the age of 21. * * * 10. Paragraph (j) is amended by sub­ lations of the Secretary of the Treasury: 9. Paragraphs (g), (h), and (i) are stituting “$100 or $200” for “$200 or “Articles not over $100 (or $200 in the case of persons arriving directly or indirectly amended to read: $300” in the third sentence. from American Samoa, Guam, or the Virgin (g) Length of stay abroad. (1) The 11. Paragraph (k) is deleted. Islands of the United States, not more than $100 exemption shall not be allowed un­ 12. Paragraph (1) is amended by de­ $100 of which shall have been acquired else­ less a returning resident has remained leting “or 813.32” in the first sentence where than in such insular possessions) in beyond the territorial limits of the and by substituting “$100 or $200” for aggregate fair retail value in the country of United States for a period not less than “$200 or $300” in the third and fourth acquisition, if such person arrives from the Virgin Islands of the United States or from 48 homs, except in the case of a return­ sentences. Footnote 25a appended to a contiguous country which maintains a free ing resident arriving in the United States paragraph (1) is amended by deleting zone or free port, or arrives from any other from Mexico. With respect to articles “or 813.32” therefrom. country after having remained beyond the acquired in Mexico, the $100 exemption 13. Paragraph (m) is amended to territorial limits of the United States for a may be allowed without regard to length read: - period of not less than 48 hours, and itf of time a returning resident has re­ either ease has not claimed an exemption mained outside the territorial limits of (m) Sale. An article brought in un­ under this item (813.31) or under item 915.30 the United States, unless the resident der the $100 or $200 exemption and sub­ within the 30 days immediately preceding returns through a port as to which there sequently sold is not dutiable or subject this arrival.” (Item s 813.30, 818.31, Tariff to forfeiture by reason of the sale there­ Schedules of the United States.) is in effect a special regulation or in­ struction requiring that the returning of, if the returning resident actually 4. Paragraph (c) is amended by delet­ resident, in order to obtain the benefit acquired and imported the article for ing the second and third sentences. of the $100 exemption for such articles, his bona fide personal or household use and not for sale. 5. Paragraph (d) is amended to read: shall have remained beyond the terri­ torial limits of the United States for such 14. Footnote 26 appended to para­ (d) Tobacco products, alcoholic bev­period, not to exceed 24 hours, as shall graph (m) is deleted. erages, and foodstuffs. Cigars, ciga­ be specified in the special regulation or rettes, manufactured tobacco, alcoholic instruction.24 § 10.17a [Deleted] beverages, and foodstuffs may be includ­ (2) The $200 exemption applicable in ed in the exemption to which a return­ the case of the arrival of a returning Section 10.17a is deleted. ing resident is entitled: Provided, The resident directly or indirectly from the § 10.18 [Amended] exemption shall not include : Virgin islands of the United States may (1) More than 100 cigars; be allowed without regard to the length The quotation of headnote 1, part 2A, (2) Any alcoholic beverages in the of time such person has remained out­ schedule 8, Tariff Schedules of the case of an individual who has not at­ side the territorial limits of the United United States in footnote 29 appended tained the age of 21 ; States. to § 10.18(e) is amended by deleting or (3) More than 1 quart of alcoholic (h) Frequency of allowances. (1) any article which has been exempte beverages in the case of an individual The $100 or $200 exemption shall not from duty under item 813.32” fro111 who does not arrive directly or indirectly paragraph (a) thereof. 23 W h en the $100 or $200 exem ption has Section 10.19 is amended as follows^ from American Samoa, Guam, or the been so applied, another claim for the $100 or Virgin Islands of the United States; $200 exemption within the following 30 days Paragraph (b) (3) is amended, (4) More than 1 wine gallon of alco­ cannot be allowed. See § 23.5(c) of this paragraph (c) (3) is added, and pa holic beverages in the case of an indi- chapter. graph (f) is amended to read: Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 1185$

§ 10.19 Declaration and entry. the United States, an oral declaration of. as amended (19 U.S.C. 1321(a)(2)) ar­ ***** the importer may be accepted in lieu of riving in the United States on and after (b) * * • (3) the aggregate of the a written declaration on Form 3297. October 1, 1965. Effects of returning residents entitled to value of all articles acquired abroad by [ s e a l ] L e s t e r D . J o h n s o n , him and of the cost or value of altera­ free entry under item 810.20 or item Commissioner of Customs. tions and dutiable repairs made abroad 813.10 (other than automobiles and Approved: September 9, 1965. to personal or household effects taken out other vehicles of residents returning from noncontiguous countries) need not and brought back by him (see § 10.17(a)) J a m e s P o m e r o y H e n d r ic k , does not exceed $100 or $200 in the case be itemized in the written declaration. Acting Assistant Secretary of direct or indirect arrivals from Ameri­ If the collector is satisfied that an entry of the Treasury. can Samoa, Guam, and the Virgin Is­ would serve no good purpose, none need be required, but evidence of ownership [F.R. Doc. 65-9833; Filed, Sept. 15, 1965; lands of the United States; except that 8:48 a m .] written declarations may be required for customs purposes, such as a carrier’s generally"or in respect of particular types certificate or properly endorsed bill of lading, shall be required in connection [TX>. 56482] of traffic if necessary at any seaport or with the declaration. Such exemption airport to effect prompt and orderly from entry may also be applied with PART 17— PROTESTS AND clearance of passengers and their effects, respect to household effects or tools of REAPPRAISEMENTS and may be required in particular cases trade entitled to free entry (see §§ 10.11 at any port if deemed necessary to pro- Number of Copies To Be Filed and 10.15, respectively) which are unac­ teot the revenue. A family group travel­ companied or forwarded in bond. It has been determined that additional ing together may be permitted to declare copies of appeals by collectors are now orally articles acquired abroad for the § 10.21 [Am ended] necessary for purposes of administration. personal or household use of any mem­ Section 10.21 (I) is amended by substi­ Presently collectors are required to for­ ber of the family if the value of such tuting “813.31” for “813.30”. Footnote ward a copy of their appeal to the con­ articles does not exceed the total amount 31 appended to paragraph (iJ is amended signee or his agent or attorney. To of the exemption to which the family to read: require that two copies be forwarded to group is entitled. the Assistant to the Chief Counsel for (c) Written declarations. * * * “ “(a) The Secretary of the Treasury, in his official use and for the use of the (3) Individual items not exceeding $5order to avoid expense and inconvenience to. the Government disproportionate to the Customs Section, Department of Justice, per item in fair retail value in the amount of revenue that would otherwise be 117.7(a) is amended. country of acquisition may be grouped collected, is hereby authorized, under such It has also been determined that an as “Miscellaneous” up to but not ex­ regulations as he shall prescribe, to— additional copy of an appeal of a con­ ceeding a total value of $50 where a ***** signee or his agent is needed for the written declaration is required. “(2) Admit articles free of duty and of use of the Customs Section, Department * * * * * any tax imposed on or by reason of importa­ of Justice. Under the present arrange­ tion, but the aggregate fair retail value in (f) Value. Opposite the description the country of shipment of. articles Imported ment, collectors of customs retain one of each article required to be declared by one person on one day and exempted from of the triplicate copies filed and forward specifically in a written declaration the the payment of duty shall not exceed— the original and third copy to the U.S. passenger shall state the price at re­ * • • • ^* . Customs. Court and the Assistant to the tail actually paid for the article, or its “ (B ) $10 in the case of articles accompany­ Chief Counsel, respectively. To require fair retail value in the country of ac­ ing, and for the personal or household use that an additional copy be filed, § 17.7(b) quisition if it was not acquired at retail of, persons arriving in the United States is amended. or by purchase. A statement of price who are not entitled to any exemption from Section 17.7 (a) and (b) now read as shall be in the currency of purchase or duty under item 812.25 or 813.31 of title follows: its equivalent in United States currency, I * * (Tariff Act of 1930, sec. 321, as amended; 19 U.S.C. 1321) § 17.7 Appeal for r e a p p r a is e m e n t ; and a statement of value shall be in the form ; samples; certification of docu­ currency of the Country in which the § 10.42 [Amended] ments. article was acquired or in United States Section 10.42(d) is amended by sub­ currency. Due adjustment shall be (a) When the collector appeals for stituting “$100 or $200” for “$200 or made by the appropriate customs officer reappraisement, he shall use customs $300” in the first and second sentences whenever the purchase price or value Form 4305 and at once forward a copy thereof. declared differs from the fair retail of the appeal to the consignee or his value, whether by reason of depreciation (77A Stat. 14, sec. 624, 46 Stat. 759; 19 UJ5.C. agent or attorney and two copies of due .to wear and use, circumstances of 1202 (G en . Hdnote 11), 1624) such appeal to the Assistant to the Chief Purchase or acquisition, or for any other Counsel, Bureau of Customs, 201 Varick reason. Street, New York, N.Y., 10014. Such ap­ PART 20—-DISPOSITION OF UN­ * * * * * peal shall specify the particular items CLAIMED AND ABANDONED MER­ in the invoice affected if it does not Section 10.20 is deleted and the fol­ CHANDISE apply to all. lowing new § 10.20 is inserted in lieu (b) The appeal of a consignee or his thereof. §20.6 [Amended] agent shall be filed with the collector in § 10.20 Unaccompanied shipments. Footnote 8 appended to § 20.6(c) is quadruplicate. Customs Form 4305 may amended by substituting “schedule 8, be used for this purpose. The post office Effects and tools of trade. When ef­ part 2A, Tariff Schedules of the United address of the consignee or his agent fects claimed to be free of duty under States,” for “paragraph 1798, as shall be set forth in each appeal. “« a 810.20, 812.10, 812.20, 812.30 or amended, or paragraph 1632, Tariff Act ***** ow .io , Tariff Schedules of the United of 1930,” therein. states, do not accompany the importer (Sec. 624, 46 Stat. 759; 19 U.S.O. 1624) (77A Stat. 14, sec. 624, 46 Stat. 759; 19 U.S.O. on ms arrival in the United States or [ s e a l ] L e s t e r D . J o h n s o n , 1202 (G en. Hdnote 11), 1624) re forwarded in bond, a declaration of Commissioner of Customs. me importer on customs Form 3299 in These amendments shall apply with Approved: September 3, 1965. prf cas^ a nonresident, or on customs respect to the personal exemptions of 2 3297 in the case of a returning returning residents arriving in the J a m e s P o m e r o y H e n d r i c k , , , > shall be required to support the United States on and after October 1, Acting Assistant Secretary S for free entry, except that as to 1965, and with respect to articles ad­ of the Treasury. »in oa w*uc*1 are free of duty under item mitted free of duty and tax under sec­ ]FB . Doc. 65-9834; Filed, Sept. 15, 1965; °-20 °r item 813.10, Tariff Schedules of tion 321(a) (2) of the Tariff Act of 1930, 8:48 a jn .j 11854 RULES AND REGULATIONS

excluded from gross income under, section tion 962, as the case may be, with respect Title 26— INTERNAL REVENUE 959(a) shall be reduced by the amount so to each share of such stock. - excluded. In the case. of a United States (c) Illustration. The application of Chapter I— Internal Revenue Service, shareholder who has made an election under this section may be illustrated by the Department of the Treasury section 962 for any prior taxable year, the reduction in basis provided by this paragraph following examples: SUBCHAPTER A— INCOME TAX shall not exceed an amount equal to the Example (1). Domestic corporation M amount received which is excluded from gross owns 800 of the 1,000 shares of the one [T.D . 6850] income under section 959 (a) after the appli­ of stock in controlled foreign corporation R PART 1— INCOM E TAX; TAXABLE cation of section 962(d), which owns all of the one class of stock in (2 ) Amount in excess of basis. To the controlled foreign corporation S. Corpora­ YEARS BEGINNING AFTER DECEM­ extent that an amount excluded from gross tions M, R, and'S use the calendar year as BER 31, 1953 income under section 959(a) exceeds the a taxable year. In ,1964, S Corporation has adjusted basis of the stock or other property 5100,000 of earning's and profits.. after the Adjustments to Basis of Stock in Con­ with respect to which it is received, the payment of $11,250 of foreign income taxes, trolled Foreign Corporations and of amount shall be treated as gain from the and $100,000 of subpart F income. Corpora­ sale or exchange of property. tion R has no earnings arid profits. With Other Property respect to S Corporation, M Corporation is {Sec. 961 as added by sec. 12(a), Rev. Act required to include in gross income $80,000 On June 8, 1965, notice of proposed 1962 ( 76 Stat. 1006) ] (800/1,000X $100,000) under section 951(a), rule making was published in the F e d ­ § 1.961—1 Increase in basis of stock in and $9,000 ($80,000/$100.000X$11,250) under e r a l R e g is t e r (30 F.R. 7493) regarding section 78. On December 31, 1964, M Cor­ controlled foreign corporations and the amendment of the Income Tax Regu­ poration must increase the basis of each of other property. lations (26 CFR Part 1). to conform to share of its stock in R Corporation by $100 section 961 of the Internal Revenue Code (a) Increase in basis— (1) In general. ($80,000/800). of 1954, as added by section 12(a) of the Except as provided in subparagraph (2) Example ( 2 ). A, an individual United of this paragraph, the basis of a United States shareholder, owns all of the 1,000 Revenue Act of 1962 (76 Stat. 1006). No shares of the one class of stock in controlled comments on the rules proposed having States shareholder’s— foreign corporation T. Corporation T and been received, the amendment of the (1) Stock in a controlled foreign cor­ A use the calendar year as a taxable year. regulations as proposed is hereby poration; or In 1964, T Corporation has $80,000 of earn­ adopted, (ii) Property (as defined in paragraph ings and profits after the payment of $20,000 (b) (1) of this section) by reason of the of foreign income taxes, and $80,000 of sub- [ s e a l ] S h e l d o n S . C o h e n , Ownership of which he is considered un­ part F income. A makes the election under Commissioner Of Internal Revenue. der section 958(a) (2) as owning stock section 962 for 1964 and in accordance with in a controlled foreign corporation such election pays' a United States tax of Approved: September 10,1965. $23,000 w ith respect to the $80,000 included S t a n l e y S . S u r r e y , shall be increased under section 961(a), in his gross income under section 951(a). Assistant Secretary of the as of the last day in the taxable year of O n Decem ber 31, 1964, A m ust increase the Treasury. such corporation on which it is a con­ basis o f each share of his stock in T Corpora­ trolled foreign corporation, by the tion by $23 ($23,000/1,000). In order to conform the Income Tax amount required to be included with in ­ § 1.96 1 —2 Reduction in basis of stock in Regulations (26 CFR Part 1) to section spect to such stock or such property in foreign corporations and of other 961 of the Internal Revenue Code of 1954, such shareholder’s gross income under property. as added by section 12(a) of the Revenue section 951(a) for his taxable year in (a) Reduction in basis— (1) In gen­ Act of 1962 (76 Stat. 1006), such regu­ which or with which such taxable year of lations are amended as follows effective eral. Except as provided in subpara­ such corporation ends. The increase in graph (2) of this paragraph, the adjusted with respect to taxable years of foreign basis provided by the preceding sentence corporations beginning after December basis of a United States person’s— shall be made only to the extent to which (1) Stock in a foreign corporation; 31, 1962, and to taxable years of United such amount required to be included in (ii) Interest in a foreign partnership; States shareholders within which or with gross income under section 951(a) was which such taxable years of such foreign or so included in gross income. (iii) Beneficial interest in a foreign es­ corporations end: (2) Limitation on amount of increase tate or trust (as defined in section 7701 § 1.961 S ta tu to ry provisions; adjust­ in case of election under section 962., In (a)(31)), ~ ments to basis o f stock iri controlled the case of a United States shareholder foreign corporations and of other who makes the election under section with respect to which such United States property. 962 for the taxable year, the amount of person receives an amount which is ex­ the increase in basis provided by subpara­ cluded from gross income under section Sec . 96l. Adjustments to basis of stock 959(a), shall be reduced under section in controlled foreign corporations and of graph (1) of this paragraph shall not other property— (a ) Increase in basis. U n ­ exceed the amount of United States tax 961(b), as of the time such person re­ der regulations prescribed by the Secretary paid in accordance with such election ceives such excluded amount, by the sum or bis delegate, the basis of a United States with respect to the amounts included in of the amount so excluded and any in­ shareholder’s stork in a controlled foreign such shareholder’s gross income under come, war profits, or excess profits taxes corporation, and the basis of property of a section 951(a) for such year (as deter­ imposed by any foreign country or pos­ United States shareholder by reason of which mined under § 1.962-1) . session of the United States on or with he is considered under section 958(a) (2) as respect to the earnings and profits at­ owning stock of a controlled foreign corpo­ (b) Rules of application— (tT Prop­ erty defined. The property -of a United tributable to such excluded amount when ration, shall "be increased by the amount such earnings and profits were actually required to be included in his gross income States shareholder referred to ih para­ under section 951(a) with respect to such graph (a) (1) (ii) of this section shall distributed directly or indirectly through stock or with respect to such property, as consist of— a chain of ownership described in sec­ the case may be, but only to the extent to (1) Stock in a foreign corporation; tion 958(a) (2). which sueh amount was included in the gross (ii) An interest in a foreign partner­ (2) Limitation on amount of reduction income .of such United States shareholder. ship; or in case of election under section 962. In In the case of a United States shareholder the case of a distribution of earnings and who has made an election under section 962 (iii) A beneficial interest in a foreign for the taxable year, the increase in basis estate or trust (as defined in section profits attributable to amounts with re­ provided by this subsection shall riot exceed 7701(a)(31)), spect to which an election under section • an amount equal to the amount of tax paid (2) Increase with respect to each 962 has been made, the amount of the under this chapter with respect to the share of stock. Any increase under reduction in basis provided by subpara­ amounts required to be included in his gross paragraph (a) of this section in the graph (1) of this paragraph shall not income under section 951(a). basis of a United States shareholder’s exceed the sum of— ’ (b ) Reduction in basis— (1 ) In general. stock in a foreign corporation shall be Under regulations prescribed by the Secre­ (i) The amount of such distnbuti tary or his delegate, the adjusted basis of made ih the amount included in gross income under section 951(a) or in the which is excluded from gross inpome stock or other property with respect to which der section 959(a) after the applica i a United States shareholder or a United amount of United States tax paid in States person receives an amount which is accordance with an election under sec­ of section 962(d) and § 1.962-3; and Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11855

(ii) Any income, war profits, or excess successor in Interest, excludes such amount will be treated as a claim, subject to profits taxes imposed by any foreign from gross income under section 959(a). As formalization prior to final action by the country or possession of the United of June 30, 1965, M Corporation must reduce approving authority, which will include the adjusted basis of each of its 750 shares of obtaining the necessary evidence of the States on or with respect to the earnings stock in R Corporation to $200 ($300 minus and profits attributable to such excluded ($45,000/750+$10,000/1,000+$30,000/1,000) ) ; authority of the person signing on behalf amount when such earnings and profits and N Corporation must reduce the basis of of a corporate claimant. were actually distributed directly or in­ each of its 250 shares of stock in R Corpora­ (f) Maritime claims under contract directly through a chain of ownership tion to $250 ($350 m inus ($15,000/250 + and other claims regulations. (1) described in section 958(a) (2). $10,000/1,000+$30,000/1,000)). Claims in favor of or against the United (b) Reduction with respect to each Example (2). The facts are the same as States under the Army Maritime Claims in paragraph (a) of example (1), except that Settlement Act, which concurrently are share of stock. Any reduction under in addition, on July 31, 1964, R Corporation paragraph (a) of this section in the ad­ sells its 500 shares of stock in S Corporation payable under contract, except contract justed basis of a United States person’s to domestic corporation P at a price of $600 salvage claims and claims for towage in stock in a foreign corporation shall be per share. Corporation P satisfies the re­ the nature of salvage services, routinely made with respect to each share of such quirem ents of paragraph (d ) of § 1.959-1 so will be adjusted or settled under the ap­ stock in the sum of— as to qualify as M Corporation’s successor plicable contract. This does not fore­ (1) (i) The amount excluded from in interest. Oh September 30, 1964, S Cor­ close resort to the statutory remedy and poration distributes $100,000 of earnings and gross income under section 959(a); or profits to P Corporation, which earnings and implementing regulations where not (ii) The amount excluded from gross profits are attributable to the $100,000 in­ settled under the contract. income under section 959(a) after the cluded in M Corporation’s gross income under (2) Claims under the Army Maritime application of section 962(d) and § 1.962- section 951(a) for 1963. Corporation P in­ Claims Settlement Act, and under the 3; and curs a withholding tax of $10,000 on the Foreign Claims Act (§ 536.26) may be (2) The amount of any income, war distribution from S Corporation (10 percent processed under the latter where author­ of $100,000). As M Corporation’s successor ity to do so has been obtained from the profits, or excess profits taxes imposed in interest, P Corporation excludes the by any foreign country or possession of $90,000 it receives from gross income under Chief, U.S. Army Claims Service. the United States on or with respect to section 959(a). As of September 30, 1964, (3) Claims of military personnel and the earnings and profits attributable to P Corporation must reduce the basis of each civilian employees of the Department of such excluded amount when such earn­ of its 500 shares of stock in S Corporation the Army for damage to or loss or de­ ings and profits were actually distributed to $400 ($600 minus ($90,000/500+$10,000/ struction of personal property, occurring directly or indirectly through a chain of 5 0 0 )). incident to their service, will he processed ownership described in section 958 (a) (2). (Sec. 7805, internal Revenue Code of 1954; under § 536.27. (c) Amount in excess of basis. To the 68A Stat. 917; 26 U.S.C. 7805) (4) Claims for loss or damage to Gov­ extent that the amount of the reduction [F.R. Doc. 65-9835; Filed, Sept 15, 1965; ernment property under jurisdiction of in the adjusted basis of property pro­ 8:48 a jn .] the Army will be processed in accordance vided by paragraph (a) of this section with §§ 536.45, 537.1 and 537.7 of this exceeds such adjusted basis, the amount chapter, or AR 735-11, as appropriate. shall be treated as gain from the sale or [A R 55-19, Aug. 3, 1965] (sec. 3012, 70A Stat. exchange of property. Title 32— NATIONAL DEFENSE 157; 10 U.S.C. 3012) "(d) Illustration. The application of Chapter V— Department of the Army J. C. L a m b e r t , this section may be illustrated by the fol­ Major General, U.S. Army, SUBCHAPTER B— CLAIMS AND ACCOUNTS lowing examples: The Adjutant General. : Example (I). (a) Domestic corporation PART 536— CLAIMS AGAINST THE [F.R. Doc. 65-9805; Filed, Sept. 15, 1965; M owns all of the 1,000 shares of the one UNITED STATES 8:46 a.m .] class of stock in controlled foreign corpora­ tion R, w h ich owns all of the 500 shares of Marine Casualties the one class of stock in controlled foreign Paragraphs (c), (d), (e), and (f) of corporation S. Each share of M Corpora­ Title 38— PENSIONS. BONUSES, tion’s stock in R Corporation has a basis of § 536.44 are revised to read as follows: $200. Corporations M, R, and S use the cal­ § 536.44 Marine casualties ; claims. AND VETERANS’ RELIEF endar year as a taxable year. In 1963, S * * * * ♦ Corporation has $100,000 of earnings and profits a fter the paym ent of $50,000 of foreign ■(c) Maritime claims. The Army Chapter I— Veterans Administration income taxes and $100,000 of su bpart F in ­ Maritime Claims Settlement Act, 10 PART 3— ADJUDICATION come. For 1963, M Corporation includes U.S.C. 4801-4806, as amended, is the $100,000 in gross income under section 951 principal statute authorizing the De­ Subpart A-—Pension, Compensation, (a) w ith respect to S Corporation. In ac­ partment of the Army to settle marine cordance with the provisions of § 1.961-1, M and Dependency and Indemnity Corporation increases the basis of each of its casualty claims both in favor of and Compensation •¿po shares of stock in R Corporation to $300 against the Government. Claims within g*0G -f $100,000/1,000) as of Decem ber 31, the purview of this statute will be settled E xaminations ; R eexaminations thereunder to the exclusion of other laws 1. In '§ 3.326, the headnote and para­ (k) On July 31, 1964, M Corporation sells and regulations which may afford con­ graphs (a), (b),.(c), and (d)(2) are 250 of its shares of stock in R Corporation to current jurisdiction, except as set out in amended to read as follows: domestic corporation N at a price of $350 per paragraph (f) (2) of this section. Such snare. Corporation N satisfies the require­ claims will be investigated and reported § 3.326 Examinations. ments of paragraph (d ) of § 1.959-1 so as to qualify as M Corporation’s successor in in - pursuant to this section and processed (a) General. Except as otherwise °u September 30, 1964, the earnings under §§.536.45 and 537.7 of this chapter. provided in this section a Veterans Ad­ and profits attributable to the $100,000 in - (d) Authority to settle or compromise ministration examination will be au­ ? ™ e<1 in ^ Corporation’s gross income under maritime claims. The authority of the thorized when there is evidence indi­ tion 951(a) for 1963 are distributed to R Secretary of the Army to settle or com­ cating the reasonable probability of a nf wbtch incurs a withholding tax promise maritime claims has been dele­ on such distribution (10 percent of valid claim for disability compensation gated as set out in § 536.45, or pension. This section is applicable to fo antl an a<3ditional foreign income (e) Form of claim. The bulk of mari­ percent or $30,000 by reason of the original claims, reopened claims and time claims under the cited statute in­ itiftni«11 of the net distribution of $90,000 claims for increase. Hospital reports w o o ,00° minus $10,000) in its taxable in ­ volves commercial interest. In view of described in § 3.157(b) (1) and (3) are ti™ Ì?rA 964- ° n June 30, 1965, R Corpora- commercial practice, a prescribed form included in the definition of Veterans distributes the remaining $60,000 of of claim is not required. A letter ac­ Administration examinations for the and larni^ s and Profits to corporations M companied by a claim invoice, repair Corporation M receives $45,000 purpose of rating these claims. voucher, estimate of repair costs, survey (b) Personal appearance by claimant. am™«?0**® 60’000) 811(1 excludes such' 959ia\. ~Ioni Sross income under section report, notice of liability, or similar docu­ Where the claimant appears personally m n/i L . poration N receives $15,000 ment indicating damage for which the and an examination is necessary to de­ ,000 x $60,000) and, as M Corporation’s Government is being held responsible termine entitlement, an immediate phys- No. 179------5 11856 RULES AND REGULATIONS ical examination will be requested if pre­ ducted within 30 months of the date the following channel changes aimed at pro­ liminary inquiry establishes the reason­ permanent total rating was first effective. viding Hamilton, Ala., with a Class C FM able probability of a valid claim. (1) However, in the cases of veterans assignment: (c) Priv at e physician's statement over 55 years of age, reexamination will ( veterans 55 years of ag e ). A statement be requested only under unusual circum­ Channel No. from a private physician which is ade­ stances, CJty quate for rating purposes may be ac­ (2) In other cases further examaina- Present Proposed cepted for rating the pension claim of a tion will not be requested routinely and veteran not younger than age 55. If the will only be accomplished if considered Hamilton, Ala______■______248 statement is not adequate for rating, but necessary based upon the particular 249A 269A establishes reasonable probability of a facts of the individual case. Boonevillé, Miss______269A 2S7A Savannah, Tenn______249A 269A valid claim an official examination will be (3) In cases in which the permanent authorized. total disability is confirmed by reexami­ (d) Private physician’s statement nation or by the history of the case, or In response to the Fite proposal, the (serious illness). * * * with obviously static disabilities, fur­ University of Mississippi filed commente <2) The statement is adequate to show ther reexaminations will not be re­ and a counterproposal containing three permanent total disability ratable at 100 quested. alternative methods for obtaining a Class percent for a single disability or for two ♦ * * * ^ * * C commercial assignment for use by the or more disabilities in combination. University at Oxford, Miss. In a sep­ 3. Section 3.328 is revoked. arate petition for rule making, RM-723, * * * * * § 3.328 Reexaminations in claims for filed on February 8, 1965, the University 2. In § 3.327, paragraphs (b)(1) and increase. [Revoked] requested a Class Ç assignment for Ox­ (c) are amended to read as follows: ford which is identical with alternative 4. The cross reference immediately three in its counterproposal filed herein. §3.327 Reexaminations. following § 3.329 is amended to read as We will therefore consider its petition, * * * * * - follows: RM-723, in this proceeding. (b ) Compensation cases— (1) Sched­ C ross R eference : Failure to report for 2. The alternative requests of the uling reexaminationsf It is required that Veterans Administration examination. See University are as follows: at least one Veterans Administration ex­ § 3.655. amination be made in every case in which (72 Stat. 1114; 38 U.S.C. 210) Channel No. compensation benefits are awarded. City When a case is initially rated on the rec­ These VA Regulations are effective Add ords of the service department (§ 3.326), the date of approval. Delete initial Veterans Administration exami­ Approved: September 10, 1965. nation will be scheduled, in convalescent A lternative 1 By direction of the Administrator, rating cases, in 6 months; otherwise, in 248 294 t s e a l I C y r i l F . B r ic k f i e l d , 248 1 year. * 249A 292À (i) Following initial Veterans Admini­ Deputy Administrator. 249A i 232A stration examination, reexamination if 221A [F.R. Doc. 65-9827; Filed, Sept. 15, 1965; 221A 288A in order will be scheduled based on the 8:47 a.m .] combined nonstatic disabilities as fol­ A lternative 2 lows: 248 248 294 Bating 80— 100 percent in 2 years 249A 292A Bating 40— 70 percent in 3 years Title 47— TELECOMMUNICATION 249A l 232A Bating 10— 30 percent in 5 years 231 Chapter I— Federal Communications 231 (ii) Following any scheduled future or other examination, reexamination, if in Commission A lternative 3 * order, will be scheduled as follows: (Docket No. 15935; FCC 65-779 J 278 278 240A (a ) If the disability is increased so as 276A 244A to warrant 10 percent or more increase in PART 73— RADIO BROADCAST SERVICES the rating, according to the new rating i This proposal conflicts with the assignment of channel in subdivision (1) of this subparagraph. Table of Assignments, FM Broadcast 232A to Corinth, Miss. However, as proposed by Rate (b) If the disability is decreased so as F. Fite, channel 269A can be assigned to Savannan in to warrant 10 percent or more decrease Stations conformance with our rules. in the rating, in 2 years, regardless of In the matter of amendment of Proposals 1 and 2 additionally contained rating, subject to the exceptions con­ § 73.202, Table of Assignments, FM a change in Hazlehurst, Miss., but this tained in subdivision (iii) of this sub- Broadcast Stations (Kirksville, Mo., is not necessary since the channel in paragraph. Rensselaer, Ind., Golden Meadow, La., question has already been changed by a (c) If the disability is unchanged so as Xenia, Ohio, Atlantic, Iowa, Omaha and prior action. The first alternative would to warrant continuation of the same per­ Lincoln, Nebr., Ralls and Lamesa, Tex., deprive Hamilton of a Class C assign­ centage rating, 5 years after the date of Skowhegan, Maine, Park Rapids, Minn., ment (but would make a Class A avail­ initial examination or 5 years after the Ukiah, Calif., Cincinnati, Ohio, Tasley, able to that community). The second date of the first examination disclosing Va., Hamilton, Ala., Booneville and would deprive Carrollton of its Class c the current percentage of disability. Starkville, Miss., Savahnah, Tenn., Ox­ assignment without any replacement, (iii) Scheduled future examinations ford, Miss.), Docket No. 15935, RMT-701, and the third would delete the Class c may deviate from the periods set forth in RM-705, RM—711, RM-714, RM-715, assignment from New Albany, replacing subdivisions (i) and (ii) of this subpara­ RM-716, RM-717, RM-721, RM-722, it with a Class A channel. , . graph where there is evidence pertinent RM-723, RM-726, RM-728, RM-729. 3. Alternative Number 1, proposed oy to the individual case that the disability Second report and order. 1, On July the University of Mississippi, w ou ld as­ sign a wide-coverage channel to is likely to improve materially in a 28, 1965 the Commission adopted a first Oxford, shorter or longer period. The rating Report and Order in the above-entitled but by depriving Hamilton of the po­ board will determine the appropriate re­ matter disposing of all the petitions for tential for a wide-coverage FM assign­ examination date and justify their action rule making in the proceeding except for ment. Hamilton, Alabama is a com­ munity of 1,934 persons, loca,ted m on the rating decision. RM-721, filed by Kate F. Fite on Feb­ Marion County with a population o ruary 5, 1965 and amended on February . • * * ‘ * * 21,837. There are no FM channels as­ 18, 1965. There remains for disposition (c) Pension cases. In nonservice-only this petition and a counterproposal signed and it has only oneAM station connected cases, rated permanent total, filed thereto. In response to the Fite WERH, daytime-only. The Plea7?f. based on other than obviously static dis­ request our notice of proposed rule mak­ indicate that this community is isolated abilities, reexamination will be con­ ing invited comments on the proposed frnm anv mAt.rnnolit&Il Tfa.6 n.69/ Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11857 est urban area is 70 miles distant— Tus­ 6. The University states that it pro­“white area” question we find it impos­ caloosa. The environs of Hamilton are poses to bring a wide assortment of pro­ sible to predict the areas around Hamil­ rural in nature, the major industry in grams of broad “social, intellectual and ton which would receive service from a the area being farming. While in gen­ cultural concepts” to the entire northern Class C but not a Class A assignment, on eral we have assigned wide-coverage region of the State of Mississippi. It the basis of the showings made in the Class B and C channels to larger centers, recognizes that it could do this by the proceeding. The University showing is this is the type of relatively small use of a channel in the educational FM based upon the 50 mv/m contours with­ community where we would feel justified band (Channels 201-219) but urges that out regard to cochannel and adjacent in assigning a wide-coverage channel in a commercial channel with the opportu­ channel interference. However, we are the absence of another meritorious pro­ nity to obtain sufficient financing from of the view that little if any of the area in posal for its use. The University’s sec­ commercial advertising would be the question will be without FM service in ond alternative would provide Oxford only means whereby it could accomplish the event the proposed Class A assign­ with a wide-coverage channel, after a its objectives. It points out that Missis­ ment is used at Hamilton and the assign­ number of changes in our Table of As­ sippi ranked 48th among the States in ments in the cities in the surrounding signments, at the expense of the Car­ per capita expenditures for all education areas are utilized in the future. With the rollton, Alabama Channel 231 assign­ in 1963 and that the per capita income growing interest in the FM broadcast ment. The Carrollton assignment has of the 12 counties in its proposed service service this is more than conjecture. only recently been made. See Memo­ area ranged from $555 to $965 for an Putting aside the special needs of Oxford randum Opinion and Order in Docket average of only $758, or about $8 above and the University we would come to the 15256, FCC 64-1116, issued December 7, the limit set for Federal aid in the anti­ same conclusion on the basis of the rela­ 1964. It was made on the specific re­ poverty program. The University fur­ tive merits of the requests. Oxford is a quest of a broadcaster, and has now been ther contends that it would be unrealistic larger community than Hamilton (5,283 applied for (BPH-5004). to assume that any commercial applicant as against 1,934), it is more important to 4. The third alternative suggested by would provide the type of programming its county, being both the county seat the University (and the one which it con­ proposed by it. Kate F. Fite suggests and largest community, and it is equally siders to be the least desirable) would that the University is precisely the type far removed from any metropolitan area. assign Channel 278 to Oxford at the ex­ of educational organization which quali­ On balance, therefore, we prefer the as­ pense of the sole Class C assignment to fies it for an educational channel and signment of Channel 248 to Oxford New Albany. New Albany Broadcasting that the proposed use of a commercial rather than to Hamilton, to which we Co., an applicant for Channel 278 at channel ignores the Commission’s pur­ assign 221 A. New Albany, BPH-4817, opposes the poses in reserving a band of frequencies 8. Authority for the amendments University’s request. It points out that for noncommercial educational use. She adopted herein are contained in sections the population of New Albany is 5,151, points out that the Mississippi Broad­ 4 (i) and (j), 303, and 307(b) of the that the nighttime signal of its AM Sta­ casters Association is opposed to the Communications Act of 1934, as tion WNAU cannot be received by nearby granting of a commercial channel to any amended. communities, and that the only way in State-supported college or university but 9. In view of the foregoing: It is or­ which it can increase its nighttime cover­ has offered to assist in any efforts to dered, That effective October 18, 1965, age is by means of the Class C PM chan­ establish noncommercial educational § 73.202 of the Commission’s Rules, the nel assigned to New Albany. It states facilities. Table of FM assignments, is amended, that future plans call for increased facil­ Conclusion. 7.. After careful consider­ insofar as the communities named are ities for its proposed PM station as well ation of all the comments and data sub­ concerned, to read as follows: mitted by the parties to this proceeding as complete separate programming. New City Channel No. Albany is also far removed from any we have concluded that the public inter­ H am ilton, A la ______221A large city or metropolitan area. The est would best be served by the adoption Aberdeen, Miss______288A nearest metropolitan area, Memphis, is of the University’s Alternative 1, which Booneville, Miss______257A over 70 miles away. would provide Oxford with a Class C as­ Oxford, Miss______¿¿4______248 5. Kate P. Fite submits that there are signment and Hamilton with a Class A Starkville, Miss______292A a total of 13 FM assignments within 55 assignment. This alternative— which Vicksburg, M iss______254,294 miles of Hamilton, only four of which would give Hamilton a Class A channel— Savannah, Tenn ______.______;____ 269A are in use by existing stations, and that is the most desirable of the three, since 10. It is further ordered, That this none of these four stations provides a the second would remove the only Car­ proceeding is terminated. signal of 1 mv/m to Hamilton and that rollton assignment (recently assigned) none of the pending applications would and the third would remove the Class C (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154; interpret or apply secs. 303, 307, 48 Stat. do so (as she states, Channel 225 assigned assignment (already applied for) from 1082, 1083; 47 U.S.C. 303, 307) at Payette, Ala., would provide a 1 mv/m the larger community of New Albany. signal to Hamilton if maximum power In making this determination we have Adopted: September 8,1965. and 500 feet antenna height is utilized). weighed heavily the needs of northern Released: September 10, 1965. As a result, she urges that there is a large Mississippi for a wide area service of the area surrounding Hamilton which does type proposed by the University. We F e d e r a l C ommunications not now receive any FM service (nor any recognize that such a service could tech­ C o m m i s s i o n ,2 Primary AM service at night) and cannot nically be obtained by thè use of one of [ s e a l ] B e n F . W a p l e ,, be expected to receive any on the basis the channels reserved for noncommercial Secretary. of foreseeable circumstances. Finally, educational use. However, we are con­ she contends that since W ERH is a day- [F.R. Doc. 65-9809; Filed, Sept. 15, 1965; vinced by the showing made by the Uni­ 8:46 a.m .] time-only station, there is a large seg­ versity that the use of one of these chan­ ment of the public served by this station nels without the financial support which w“joh can only be reached at night by the Univérsity needs to obtain from com­ [Docket No. 15911; FCC 65-781] a Class C assignment. In reply to the mercial advertising, the service proposed Fite claim that there would be a large may be infeasible for an indefinite period PART 73— RADIO BROADCAST white area” if Channel 248 is not as- of years. W e have also considered the SERVICES fjfned to Hamilton, the University urges needs of Hamilton for a wide coverage Table of Assignments, FM Broadcast that a number of services are or will be assignment. Normally, and in the ab­ available to Hamilton and the surround- sence of a conflicting request, we would Stations *hg areas if the 56’ uv/m contours of ex­ consider this community as one which In the matter of amendment of § 73.- sting and proposed FM stations are used would merit a departure from our gen­ 202, Table of Assignments, FM Broad­ ** ® basis for determining service. It eral policy of assigning Class A channels cast Stations (Clewiston, Cocoa Beach, ontends that communities the size of to the smaller communities and Class B Hamilton do not need signals of 1 mv/m or C channels to the large cities and «Commissioners Hyde and Wadsworth ab­ Provide service. metropolitan areas. With respect to the sent; Cox dissenting. 11858 RULES AND REGULATIONS

West Palm Beach, and Miami, Fla.), Palm Beach, that such a station would at the station’s convenience with a mini- Docket No. 15911, RM—662. be noncompetitive, and that the trans­ mum of dislocation and cost. It is Report and order. 1. The Commis­ mitter site would have to be so located as stated by W JNO Radio that if the ad­ sion has before it for consideration (1) to be in violation of § 73.315(a) of the ditional assignment of 283 to West Palm its notice of proposed rule making (FCC rules. In view of the undesirable inter­ Beach is made, any grant could be 65-223) issued on March 19, 1965, in mixture that would be caused between conditioned (as in Docket No. 15542, response to a “Petition for Rule Making Class A and Class C channels by this Second Report and Order, March 17, and for Order to Show Cause” (RM -662), proposal, and since our own studies con­ 1965, FCC 65-222) upon payment to filed by WJNO Radio, licensee of AM firm the site and signal problems, the W R K T -F M of the necessary and rea­ Station WJNO, West Palm Beach, Fla., proposal to assign 244A to West Palm sonable costs of making the channel and (2) the various comments filed in Beach is rejected. W e also pointed out shift. response.1 In its petition, W JNO Radio in the notice that we would require (in 4. In opposing the assignment, MBC requested the addition of a second FM the case of proposed 298 in Miami as well alleges that since 282 in Miami would channel— Class C Channel 283— to West as proposed 244A in West Palm Beach) serve more people than 283 in West Palm Palm Beach, by substituting Channel a showing of availability of sites meeting Beach, the assignment of 283 to West 298 for Channel 282 at Miami. The minimum separations considerably more Palm Beach would be less efficient; and other changes in Florida assignments re­ specific than anything that had been that because of minimum separation re­ quested were the substitution of 221A for submitted. And finally, in putting out quirements, 298 in Miami would have to 280A at Clewiston, Fla. and the substitu­ WJNO Radio’s proposal for comments, be located in Coral Gables, a separate tion of 281 for 282 at Cocoa Beach, Fla. we noted that the required shift of community south of Miami (and that The assignment at Clewiston has not W R K T-FM , Cocoa Beach, from 282 to since the larger population areas are been applied for; the Cocoa Beach change 281 was small and did not appear likely to the north of Miami, such a station would require operating Station W R K T - to cause either inconvenience to the pub­ would be at a competitive disadvantage FM to change from Channel 282 to 281 lic or great cost to the licensee and we vis a vis the Miami FM station).8 In (W JNO Radio requests an order to show stated our anticipation of a condition on response, the parties favoring the as­ cause why this change should not be any authorization issued for 283 at West signment point out that there is no made to be directed to the licensee of Palm Beach of payment to W R K T -FM mutual exclusivity, as MBC implies, be­ that station); and MBC is an applicant of the reasonable costs of the change­ tween 283 in West Palm Beach and 298 (BPH-4910) for 282 in Miami, the only over. in Miami since both channels can be unoccupied channel of the 6 presently 3. WJNO Radio and Gardens supportassigned in compliance with the rules; assigned to Miami. the assignment of 283 to West Palm and that MBC’s argument as to relative 2. W SKP, Inc., also an applicantBeach and Storer has stated that it has efficiency is misdirected since the ques­ (BPH-4280) for Channel 282 in Miami, no objection. Opposed to the assign­ tion here is one of allocations efficiency advaribed as a counter proposal the as­ ment are Raymond Meyers3 and MBC. rather than service efficiency and the signment of Channel 244A as a second The comments favoring the channel as­ allocations proposed would be more ef­ assignment for West Palm Beach; not­ signments proposed in Alternative i point ficient since a second FM channel can ing that this assignment would involve out that West Palm Beach is the tenth be assigned without requiring the dele­ a short separation between the West largest city in the State, located in the tion of any other assignment. 5. Similarly, the parties favoring the Palm Beach reference point and Station heart of one of Florida’s growth areas4 W GBS-FM , Miami, Channel 242, and that a single allocation to a city of assignment of 283 to West Palm Beach note that, contrary to M BC’s assertion, W S K P ’s engineering statement asserted this size (1960 Census population 56,208) while the 298 transmitter site would be that sites “could be found” which wbuld falls short of the Commission’s goal of located in Coral Gables, the channel meet separation requirements.2 In our allocating two or more channels to would be assigned to serve Miami, not notice, we requested comments on the cities with 50,000 to 100,000 population. Coral Gables, and the MBC’s argument proposals of both WJNO Radio and Further, the public interest in com­ as to competitive disadvantage is vague, W SKP, Inc. We stated that we would petition is alleged not to be met by the conclusionary and unsubstantiated. In require a specific showing of an available existence of W W O S-FM , Palm Beach, this regard, W JNO Radio urges that site for 244A meeting the separation re­ since West Palm Beach is the central while the flexibility“of 298 in Miami is quirements and we noted the problem of city in the area and Palm Beach is the limited by Channel 300 in West Palm whether 244A could provide a signal of satellite city, a part of the urbanized Beach, it is more in the public interest the required intensity over the city. area of West Palm Beach, with each city having different and separate economic to have 2 FM channels in West Palm W SK P filed no comments and none of Beach and five (sic) FM channels in the other commenting parties supported and social structures. Additionally, the Miami, one of which suffers some in­ the'assignment of 244A to West Palm parties urge that the adoption of Alter­ native 1 would result in greater alloca­ flexibility than it is to have only one PM Beach, pointing out that the transmitter channel in West Palm Beach and five site would have to be so located that a tion efficiency since it would permit the establishment of an additional and com­ (sic) totally flexible FM channels in Class A station could not place a city M ia m i, Moreover, contends WJNO Ra­ grade signal over the entire city of West petitive Class C channel in West Palm Beach without the deletion of any chan­ dio, the flexibility of 298 in Miami is in­ nel or service to any other city. The par­ creased by (1) the fact that Since 298 is 1 Comments were filed by Raymond ties’ engineering exhibits show that there a Class C channel, MBC could increase Meyers, Chief Engineer' Wonet Stations, Inc., its presently proposed operating param­ Hollywood, i*la.; WJNO Radio, West Palm are sites meeting the minimum separa­ Beach, Fla.; Gardens Broadcasting Co. (Gar­ tion requirements for Channel 283 in eters to a point where it would not suffer dens) licensee of WEAT-AM and TV1, West West Palm Beach as well as for Channel a competitive disadvantage and by (2) Palm Beach, Fla.; Storer Broadcasting Co., 298 in Miami. And, finally, it is urged the population growth of the market licensee of WGBS-FM, Miami, Fla.; and that the channel shift which W R K T - south of Miami, which at present has Miami Broadcasting Corp. (M BC), applicant FM would be required to make from 282 only one “local” FM station. This sec­ (BPH-4910) for a new FM facility at Miami, ond factor, WJNO Radio urges, would to 281 is slight and could be effected Fla., on Channel 282. Reply comments were offset, at least in part, the increased con­ also filed by WJNO Radio and Storer Broad­ struction costs of being competitive m casting Co. 3 Meyers opposed the assignment of 221A M ia m i * 2 WSKP opposed WJNO Radio’s petition on to Clewiston because of the conflict with (not a valid objection in any event the ground that if 298 were substituted for the possible assignment of 222 to Hollywood. 282 in Miami, it would have to find a new This argument was rejected, however, for 6 Miami’s engineering exhibit contains an site in an area where land prices are ex­ the reasons stated in the Second Report and unsupported conclusion that the site tremely high, and that instead of the Joint Order in Docket 15542, adopted March 17, which 298 would have to be located woum AM-FM operation at its downtown Miami 1965 (FCC 65-222) assigning 221A to Hia­ “substantially decrease” the signal strcng AM site which it now proposes, it would have leah, and in the Memorandum Opinion and and grade of service to the metropo to run two separate operations 6 miles apart, Order, adopted April 21, 1965 (FCC 65-331), population north of Miami. However, at a large additional expense. In the notice, denying Wonet’s petition for reconsideration. is no question that a station so located we noted that this appeared to be a consid­ * WJNO Radio estimates that, if West provide the signal required by eration relating primarily to WSKP’s con­ Palm Beach’s growth rate continues, its 1970 73.210(c ) of the rules and this, of course, venience rather than to the public interest. population will be over 70,000. hV» O A1*iffAol 10011P Thursday, S ep tem b er 16* 1965 FEDERAL REGISTER 11859 to a second FM channel in West Palm tions 4 (i), 303, 307(b) and 316 of the the use of Channel 247 at Bainbridge, Ga. B each ). In conclusion, it is urged that Communications Act of 1934, as No oppositions to the proposal were filed. Alternative 1 should be finalized because amended. 2. Since the proposal conforms to all it would assign a second PM channel to 9. In view of the foregoing: It is or­ the rules and would permit the early West Palm Beach with no accompanying dered, That effective October 18, 1965, establishment of a new FM service at deletions, thus creating a competitive PM the FM Table of Assignments, § 73.202 Bainbridge, Ga., we are of the view that situation in West Palm Beach; a site is of the rules and regulations, is amended, the subject proposal would serve the available for Channel 298 to serve Miami insofar as the communities named are public interest and should be adopted. and its operating parameters can be sub­ concerned, to read as follows: 3. Authority for the adoption of the stantially increased; and because the City Channel No. amendment contained herein is con­ market south of Miami is increasing and Clewiston, Fla ______p 221A tained in sections 4 (i) and (j), 303, and is presently served by only one PM trans­ Cocoa Beach, Fla ______, 266,281 307(b) of the Communications Act of mission service. Miam i, F la ______226, 242, 247, 256, 268,298 1934, as amended. West Palm Beach, Fla ______283, 300 6. As stated above, we have rejected 4. In view of the foregoing: It is or­ Alternative 2. Thus, the only question 10. It is further ordered, That effec­ dered, That effective October 18, 1965, before us is whether to adopt or reject tive October 18, 1965, the outstanding the FM Table of Assignments contained Alternative 1. We have decided that the license held by C. Sweet Smith, Jr., for in § 73.202 of the Commission’s rules and adoption of the proposal is in the pub­ Radio Station W R K T -F M is modified regulations is amended, insofar as the lic interest, convenience and necessity. to specify operation on Channel 281 in community named is concerned, to read Clearly, the assignment of a second FM lieu of Channel 282 in Cocoa Beach, Fla., as follows: channel to West Palm Beach would be subject to the following conditions: City Channel No. consistent with our announced goal of (a) The licensee shall inform the allocating two or more PM channels to Commission in writing by October 8, Abbeville, A la .______232A cities with populations between fifty and 1965, of its acceptance of this modifica­ 5. It is further ordered, That this pro­ one hundred thousand. Secondly, the tion. ceeding is terminated. assignment of a second FM channel to (b ) The licensee shall submit to the West Palm Beach creates the basis for Commission by October 8,1965, the tech­ (Sec. 4, 48 Stat. 1066, as amended; 47 TT.S.C. a competitive PM environment. More­ 154. Interpret or apply secs. 303, 307, 48 Stat. nical information normally required for 1082, 1083; 47 U.S.C. 303, 307) over, the adoption of the proposal would, the issuance of a construction permit we believe, result in a greater efficiency for operation on Channel 281, including Adopted: September 8, 1965. of allocations since it permits the assign­ any changes in antenna and transmis­ Released: September 10, 1965. ment of an additional FM channel to a sion line. city which appears able to support an­ (e> The licensee may continue to oper­ F e d e r a l C ommunications other station, creates an opportunity for ate on Channel 282 until, upon its re­ C o m m i s s i o n ,1 a second local transmission service to the quest, the Commission authorizes interim [ s e a l ] B e n F . W a p l e , growing market south of Miami, and re­ operation on Channel 281, following Secretary. quires no deletion of assignments or serv­ which the licensee shall submit (within [F.R. Doc. 65-9811; Filed, Sept. 15, 1965; ice to any other area. While MBC as­ 30 days) the measurement data normally 8:46 a.m.] serts that the substitution of Channel 298 required of an applicant for an FM for Channel 282 in Miami (with the nec­ broadcast station license. [FCC 65-790] essary change in transmitter site to an 11. It is further ordered, That this area more to the south)' will make com­ proceeding is terminated. PART 73— RADIO BROADCAST petition with the other Miami stations (Secs. 4, 303, 307^ 48 Stat. 1066, 1082, 1083, SERVICES more difficult, it is significant, we think, as amended, sec. 316, 66 Stat. 717; 47 U.S.C. (1) that MBC has not contended that ft 154, 303, 307, 316) PART 74— EXPERIMENTAL, AUXIL­ will be unable to meet the competition IARY, AND SPECIAL BROADCAST Adopted: September 8, 1965. and (2) that it apparently intends to SERVICES continue prosecution of its application. Released: September 10, 1965. In any event, this objection from an ap­ Miscellaneous Amendments plicant for a new FM station is certainly F e d e r a l C ommunications no basis for rejecting a proposal other­ C o m m i s s i o n ,7 In the matter of amendment of Parts wise in the public interest. Cf. FCC v. 73 and 74 of the Commission’s rules to [ s e a l ] B e n F . W a p l e , provide for responsibility for obstruction Sanders, 309 U.S. 470. Secretary: 7. In our notice of proposed rule mak­ of marking of commonly used antenna ing, we noted that the adoption of Alter­ [F.R. Doc. 65-9810; Filed, Sept. 15, 1965; structures in the Broadcast Services. native 1 would require W R K T-FM , Cocoa 8:46 a.m .] Order. At a session of the Federal Beach, to change from Channel 282 to Communications Commission held at its offices in Washington, D.C., on the 8th Channel 281 and we stated our anticipa­ [Docket No. 16062; FCC 66-784] tion of a condition on any authorization day of September 1965 : issued for Channel 283 at West Palm pa rt 73— RADIO BROADCAST It has long been the policy of the Com­ Beach of payment to W R K T -F M of the SERVICES mission that each permittee or licensee reasonable costs of the changeover. By of â station sharing a common antenna letter of June 15, 1965, C. Sweet Smith, FM Table of Assignments; structure with others is responsible for Jr licensee of W R K T-FM , has stated Abbeville, Ala. the painting and lighting of the structure that the approximate costs of such a shift when obstruction marking is required by would be $2,800 and that he would con­ In the matter of amendment of the Commission. In accordance With sent to the changeover upon the condi­ § 73.202, Table of Assignments, FM this policy, entries are made on instru­ tion that he would be reimbursed for Broadcast Stations (Abbeville, Ala.), ments of authorization placing the re­ such costs. Upon review, we find this Docket No. 16062. sponsibility for obstruction marking on stimate of costs to be reasonable, and Report and order. 1. The Commis­ the permittee or licensee regardless of t is expected that the successful appli­ sion has under consideration its notice whether it is the sole user of a tower or cant for Channel 283 at West Palm Beach of proposed rule making, FCC 65-542, uses it with others, and regardless of will reimburse W R K T -F M the needed issued in this proceeding on June 18,1965 expenses for the change. whether it has an ownership interest in (30 F.R. 8067), proposing to substitute 8| Authority for the adoption of the the tower. FM Channel 232A foi 249A at Abbeville, endment herein is contained in sec- In an order (FCC 64-844; 29 F.R, Ala. The purpose of the proposed sub­ 13194, Sept. 23, 1964), the Commission h„ T,xl.e satisfied from the showing made stitution of Class A FM channels was to affirmed this policy and amended § 21.111 ah, JN® Radio that there are sites avail- remove a problem in selecting a site for of the rules of the Common Carrier Serv- tbe minimum separation re- W oi ce?ts* fQr both 298 in Miami and 283 in 7 Commissioners Hyde and Wadsworth west Palm Beach. 1 Commissioners Hyde and Wadsworth absent. absent. 11860 RULES AND REGULATIONS ice to make it consistent therewith. poses by two or more licensees or per­ permitted only on the area designated However, the rules governing the Broad­ mittees of FM broadcast stations, or by by signs as open to hunting. This open cast Services are presently either incon­ one or more such licensees or permittees area, comprising 2,034 acres, is deline­ sistent with the aforementioned policy or and one or more licensees or permittees ated on maps available at refuge head­ contain no sections on the subject. More of any other class or service, each per­ quarters, Samburg, Tennessee, and from specifically, in Part 73 the rules for mittee or licensee shall be responsible the Regional Director, Bureau of Sport standard broadcast stations require that for painting and illuminating the struc­ Fisheries and Wildlife, 809 Peachtree- responsibility for obstruction marking be ture when obstruction marking and light­ Seventh Building, Atlanta, Ga., 30323. assumed by one of the licensees using a ing are required by the Commission. Hunting shall be in accordance with all common tower; and the rules for PM ***** applicable State regulations covering the hunting of raccoons subject to the fol­ and television broadcast stations add 3. Section 73.685 of the Commission’s lowing special conditions: the requirement that the licensee assum­ rules and regulations is amended by de­ (1) Raccoons may be taken without ing responsibility have an ownership in­ leting all but the first sentence of para­ limit on the refuge from September 20 terest in the tower. Part 74 (Experi­ graph (i) thereof, and by adding a new through October 2, 1965, excluding Sun­ mental, Auxiliary, and Special Broad­ paragraph (j) as follows: cast Services) contains no rule on the day, September 26. subject. § 73.685 Transmitter location and an­ (2) Hunting hours shall be from 7 p.m. In order to remove the inconsistency tenna system. to midnight. between existing sections in the rules and * * * * * (3) The use of guns and dogs is the Commission’s established policy, and (i) The provisions of Part 17 of thispermitted. to reflect that policy in portions of the chapter shall govern the construction, (4) No axes, saws or other cutting rules where no sections on the subject marking and lighting requirements of implements will be permitted. presently exist, we are of the opinion that antenna structures used by television (5) A Federal permit will not be re­ the amendments in the appendix hereto broadcast stations. quired; however, all hunters will be should^ be adopted. ( j ) If a common tower is used for an­ required to check in and check out at Because the amendments merely trans­ tenna and/or antenna supporting pur­ the designated check station, the loca­ tion of which may be obtained from the late into rules Commission policy of long poses by two or more licensees or permit­ standing, pursuant to section 4(a) of the tees of television broadcast stations, or Refuge Manager, Reelfoot National Wildlife Refuge, Samburg, Term. Administrative Procedure Act we find by one or more such licensees or permit­ The provisions of this special regula­ that notice and public procedure is un­ tees and one or more licensees or permit­ necessary and that, pursuant to section tees of any other class or service, each tion supplement the regulations which govern hunting on wildlife refuge areas 4(c) of said Act, it is unnecessary to permittee or licensee shall be responsible generally which are set forth in Title 50, wait 30 days after publication of the rules for painting and illuminating the struc­ Code of Federal Regulations, Part 32, for them to become effective. ture when obstruction marking and light­ and are effective through October 3, Accordingly, it is ordered, That, pur­ ing are required by the Commission. 1965. suant to sections 4(i) and 303 (q) and 4. New § 74.22 is added to Part 74 of the Public hunting of squirrels on the (r) of the Communications Act of 1934, Commission rules and regulations as fol­ Reelfoot National Wildlife Refuge, Ky., as amended, Parts 73 and 74 of the Com­ lows: jp permitted only on the area designated mission rules and regulations are amend­ by signs as open to hunting. This open ed as set forth in the attached appendix, § 74.22 Use o f common antenna struc­ ture. area, comprising 2,034 acres, is deline­ effective September 20, 1965. ated on maps available at refuge head­ (Sec. 4, 48 Stat. 1066, as am ended; 47 U.S.C. The simultaneous use of a common an­ quarters, Samburg, Tenn., and from 154, interprets or applies sec. 303, 48 Stat. tenna structure by more than one sta­ the Regional Director, Bureau of Sport 1082, as amended; 47 U.S.C. 303) tion authorized under the rules of any Fisheries and Wildlife, 809 Peachtree- Released: September 10, 1965. subpart of this part, or by one or more Seventh Building, Atlanta, Ga., 30323. such stations and one or more stations Hunting shall be in accordance with all Federal Communications of any other class or service, may be au­ applicable State regulations covering the Commission,1 thorized: Provided, however, That each hunting of squirrels subject to the fol­ [ seal] Ben F. Waple, permittee or licensee using such struc­ lowing special conditions: Secretary. ture shall be responsible for painting and (1) Squirrels may be hunted on the 1. Section 73.45 of the Commission’s lighting of the structure when obstruct refuge from September 20 through rules and regulations is amended by de­ tion marking is required by the Com­ October 2, 1965, excluding Sunday, leting subparagraph (3) of paragraph mission. September 26. (e ), and by adding new paragraph (f ) as [F.R. Doc. 65-9812; Filed, Sept. 15, 1965; (2) The hunting of crows, wood­ follows : 8:46 a.m.] chucks and gray foxes, without limit, is permitted during the refuge squirrel § 73.45 Radiating system. hunt. * * * * * (3) Only shotguns incapable of hold­ (f) If a common tower is used for an­ Title 50— WILDLIFE AND ing more than three shells and 22 caliber tenna and/or antenna supporting pur­ rifles are permitted. poses by two or more licensees or permit­ FISHERIES (4) Dogs are not permitted. tees of standard broadcast stations or by Chapter I— Bureau of Sport Fisheries (5) A Federal permit is required to one or more such licensees or permittees enter the public shooting area. Permits and one or more licensees or permittees and Wildlife, Fish and Wildlife may be obtained from the Refuge Man­ of any other class or service, each per­ Service, Department of the Interior ager, Reelfoot National Wildlife Refuge, mittee or. licensee shall be responsible for PART 32— HUNTING Samburg, Tenn., starting September 13, painting and illuminating the structure 1965. | . when obstruction marking and lighting Reelfoot National Wildlife Refuge, The provisions of this special regula­ are required by the Commission. Ky., et al. tion supplement the regulations whicn govern hunting on wildlife refuge areas 2. Section 73.316(k) of the Commis­ The following special regulations are sion’s rules and regulations is amended issued and are effective on date of pub­ generally which are set forth in Title 50, to read as follows: lication in the Federal Register. Code of Federal Regulations, Part 32, and are effective through October , § 73.316 Antenna systems. § 32.22 Special r e g u la t io n s ; upland 1965. * * * * * game; for individual wildlife refuge areas. T ennessee (k) If a common tower is used for an­ K entucky tenna and/or antenna supporting pur- REELFOOT NATIONAL WILDLIFE RUFUGE REELFOOT NATIONAL WILDLIFE REFUGE

1 Commissioners Hyde, Bartley and Wads­ Public hunting of raccoons on the Public hunting of raccoons on the worth absent. Reelfoot National Wildlife Refuge, Ky., is Reelfoot National Wildlife Refuge, Tenn., Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11861 is permitted only on the area designated area, comprising 9,092 acres, is deline­ area, comprising 1,350 acres, is deline­ by signs as open to hunting. This open, ated on maps available at refuge head- ated on maps available at refuge head­ area, comprising 9,092 acres, is delineated quarters^ Samburg, Tenn., and from the quarters, Samburg, Tenn., and from the on maps available at refuge headquarters, Regional Director, Bureau of Sport Fish­ Regional Director, Bureau of Sport Fish­ Samburg, Tenn., and from the Regional eries and Wildlife, 809 Peachtree- eries and Wildlife, 809 Peachtree- Director, Bureau of Sport Fisheries and Seventh Building, Atlanta, Ga., 30323. Seventh Building, Atlanta, Ga., 30323. Wildlife, 809 Peachtree-Seventh Build­ Hunting shall be in accordance with all Hunting shall be in accordance with all ing, Atlanta, Ga., 30323. Hunting shall applicable State regulations covering the applicable State regulations covering the be in accordance with all applicable State hunting of squirrels subject to the fol­ hunting of squirrels subject to the fol­ regulations covering the hunting of rac­ lowing special conditions: lowing special conditions: coons subject to the following special (1) Squirrels may be hunted on the (1) Squirrels may be hunted on the conditions: refuge from September 20 through Octo­ refuge from September 20 through Oc­ (1) Raccoons may be taken without ber 2, 1965, excluding Sunday, Septem­ tober 2, 1965, excluding Sunday, Sep­ limit on the refuge from September 20 ber 26. tember 26. through October 2,1965, excluding Sun­ (2) The hunting of crows, woodchucks (2) The hunting of crows, wood­ day, September 26. and gray foxes, without limit, is per­ chucks and gray foxes, without limit, is (2) Hunting hours shall be from 7 p.m. mitted during the refuge squirrel hunt. permitted during the refuge squirrel to midnight. (3) Only shotguns incapable of hold­ hunt. (3) The use of guns and dogs is per­ ing more than three shells and .22 caliber (3) Only shotguns incapable of hold­ mitted. rifles are permitted. ing more than three shells and .22 cali­ (4) No axes, saws or other cutting im­ (4) Dogs are not permitted. ber rifles are permitted. plements will be permitted. (5) A Federal permit is required to (4) Dogs are not permitted. (5) A Federal permit will not be re­ enter the public shooting area. Per­ (5) A Federal permit is required to quired; however, all hunters will be re­ mits may be obtained from the Refuge enter the public shooting area. Permits quired to check in and check out at the Manager, Reelfoot National Wildlife may be obtained from the Refuge Man­ designated check station, the location of Refuge, Samburg, Tenn., starting Sep­ ager, Reelfoot National Wildlife Refuge, which may be obtained frojn the Refuge tember 13,1965. Samburg, Tenn., starting September 13, Manager, Reelfoot National Wildlife The provisions of this special regula­ 1965. Refuge, Samburg, Tenn. tion supplement the regulations which The provisions of this special regula­ The provisions of this special regula­ govern hunting on wildlife refuge areas tion supplement the regulations which tion supplement the regulations which generally which are set forth in Title 50, govern hunting on wildlife refuge areas govern hunting on wildlife refuge areas Code of Federal Regulations, Part 32, generally which are set fotfh in Title 50, generally which are set forth in Title 50, and are effective through October 3, Code of Federal Regulations, Part 32, Code of Federal Regulations, Part 32, 1965. and are effective through October 3,1965. and are effective through October 3,1965. LAKE ISOM NATIONAL WILDLIFE REFTJGE W a l t e r A . G r e s h , Public hunting of squirrels on the Public hunting of squirrels on Lake Regional Director, Bureau of Reelfoot National Wildlife Refuge, Tenn., Isom National Wildlife Refuge, Tenn., Sport Fisheries and Wildlife. is permitted only on the area designated is permitted only on the areas designated [F.R. Doc. 65-9821; Filed, Sept. 15, 1965; by signs as open to hunting. This open by signs as open to hunting. This open 8:47 ajn.] personal holding company tinder the law ap­ under the law applicable to the taxable DEPARTMENT OF THE TREASURY plicable to such taxable year, year in which a distribution is made, is the term “dividend" also means any distribu­ a personal holding company or which, Internal Revenue Service tion of property (whether or not a dividend for the taxable year in respect of which E 26 CFR Part 1 ] as defined in subsection (a) ) made by the a distribution is made under section 563, corporation to its shareholders, to the ex­ or section 547, or corresponding provi­ LIQUIDATION OF PERSONAL HOLD­ tent of its undistributed personal holding sions of a prior income-tax law, was company income (determined under section ING COMPANIES AND CERTAIN 545 without regard to distributions under under the applicable law a personal hold­ OTHER RELATED MATTERS this paragraph) for such year. ing company, the term “dividend”, in (B) For purposes of subparagraph (A), addition to the meaning set forth in the Income Tax the term “distribution of property” includes first sentence of section 316, also means, a distribution in complete liquidation oc­ in the case of a complete liquidation Notice is hereby given, pursuant to the curring within 24 months after the adop­ occurring within 24 months after the Administrative Procedure Act, approved tion of a plan of liquidation, but— adoption of a plan of liquidation, a dis­ June 11, 1946, that the regulations set (1) Only to the extent of the amounts tribution of property to its shareholders forth in tentative form below are pro­ distributed to distributees other than cor­ porate shareholders, and within such period, but— posed to be prescribed by the Commis­ (i) Only to the extent of the amounts sioner of Internal Revenue, with the ap­ (ii) Only to the extent that the corpora­ tion desginates such amounts as a dividend distributed to distributees other than proval of the Secretary of the Treasury distribution and duly notifies such distri­ corporate shareholders, and or his delegate. Prior to the final adop­ butees of such designation, under regula­ (ii) Only to the extent that the cor­ tion of such regulations, consideration tions prescribed by the Secretary or his dele­ poration designates such amounts as a will be given to any comments or sug­ gate, b u t dividend distribution and duly notifies gestions pertaining thereto which are (iii) Not in excess of the sum of such dis­ such distributees in accordance with Sub- submitted in writing, in duplicate, to the tributees’ allocable share of the undistri­ buted personal holding company income for paragraph (5) of this paragraph, but Commissioner of Internal Revenue, At­ (iii) Not in excess of the sum of such tention: CC;LR :T, Washington, D.C., such year, computed without regard to this subparagraph or section 562(b). distributees’ allocable share of the undis­ 20224, within the period of 30 days from tributed personal holding company in­ the date of publication of this notice in (Sec. 316 as amended by sec. 5 (1), Life In­ surance Company Tax Act 1955 (70 Stat. 49) ; come for such year (determined under the F e d e r a l R e g is t e r . Any person sub­ sec. 225(f)(1), Rev. Act 1964 ( 78 Stat. 87)) section 545 without regard to sections 562 mitting written comments or suggestions (b) or 3 1 6 (b )(2 )(B ). who desires an opportunity to comment P a r . 2. Section 1.316-1 is amended by orally at a public hearing on these pro­ revising paragraph (b) and by adding a Section 316(b) (2) (B ) and this sub- posed regulations should submit his re­ new example (5) to paragraph (d). paragraph apply only to distributions quest, in writing, to the Commissioner These revised and added provisions read made in any taxable year of the dis­ within the 30-day period. as follows: tributing corporation beginning after December 31, 1963. The amount desig­ In such case, a public hearing will be § 1.316—1 Dividends. held, and notice of the time, place, and nated with respect to a noncorporate dis­ date will be published in a subsequent * * * * * tributee may not exceed the amount issue of the F e d e r a l R e g is t e r . The pro­ (b) (1) Section 316(b) (2) (A ) provides actually distributed to such distributee. posed regulations are to be issued under that, in the case of a corporation which, For purposes/Of determining a noncorpo­ the authority contained in section 7805 under the law applicable to the taxable rate distributee’s gain or loss on liquida­ of the Internal Revenue Code of 1954 year in which a distribution is made, is tion, amounts distributed in complete (68 Stat. 917 ; 26 U.S.C. 7805). a personal holding company or which, liquidation to such a distributee during for the taxable year in respect of which a a taxable year are reduced by the [ s e a l ! S h e l d o n S . C o h e n , distribution is made under section 563 amounts designated as a dividend with Commissioner of Internal Revenue. (relating to dividends paid within 21/z respect to such distributee for such year. In order to conform the Income Tax months after the close of the taxable For purposes of section 333(e) (1), earn­ ings and profits of the distributing Regulations (26 CFR Part 1) under sec­ year), or section 547 (relating to defi­ cor­ poration are reduced by the amounts tions 316, 331, 333, 381(0(15), 545, 562, ciency dividends), or corresponding pro­ visions of a prior income-tax law, was designated as a dividend (even though and 6043 of the Internal Revenue Code such designated amounts are distributed- of 1954 to section 225 (f)(1 ), (f) (2), under the applicable law a personal hold­ during the 1-month period referred to m (f) (3), (g ), and (i) of the Revenue Act ing company, the term ‘‘dividend” in addition to the meaning set forth in the section 333). of 1964 (78 Stat. 87), such regulations are first sentence of section 316, also means (3) For purposes of subparagraph (2) amended as follows: a distribution to its shareholders as fol­ (iii) of this paragraph— . . P a r a g r a p h 1. Section 1.316 is amended lows: A distribution within a taxable (4) Except as provided in subdivision by revising subsection (b) (2) of section year of the corporation, or of a share­ (ii) of this subparagraph, the sum of 316 and by revising the historical note. holder, is a dividend to the extent of the the noncorporate distributees’ allocable These revised provisions read as follows; corporation’s undistributed personal share of undistributed personal holding holding company income (determined company income for the taxable year in § 1.316 Statutory provisions; dividend under section 545 without regard to dis­ which, or in respect of which, the dis­ defined. tributions under section 316(b) (2) (A) tribution was made (computed withou Sec. 316. Dividend'de fined. * * * and (B ) ) for the taxable year in which, regard to sections 562(b) or 316(b) ( B ) ) shall be determined by multiplying (b ) Special rules. * * * or, in the case of a distribution under such undistributed personal bolding (2 ) Distributions by personal holdingsection 563 or section 547, the taxable companies. (A) In the case of a corpora­ company income by the ratio which t year in respect of which, the distribution tion which— was made. Section 316(b) (2) (A ) and aggregate value of the stock held by (i) Under the law applicable to the tax­ noncorporate shareholders immediately this subparagraph do not apply to dis­ able year in which the distribution is made, before the record date of the last hQ - is a personal holding oompany (as defined tributions in partial or complete liquida­ dating distribution in such year bear in section 542), or tion of a personal holding company. In (il) For the taxable-year in respect of the case of certain complete liquidations to the total value of all stock outstanding which the distribution is made under sec­ of a personal holding company see sub- on such date. ,. tion 563(b) (relating to dividends paid after paragraph (2 )-of this paragraph. (ii) If more than one liquidating dis­ the close of the taxable year), or section 547 tribution was made during the yeat>.& (relating to deficiency dividends), or the (2) Section 3 1 6 (b)(2 )(B ) provides corresponding provisions of prior law, is a that in the case of a corporation which. if, after the record date of the first ais- 11862 Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11863 tribution but before the record date of such statement which is designated as P ar. 4. Section 1.331-1 is amended by the last distribution, there was a trans­ a dividend under section 3 1 6 (b)(2 )(B ) revising paragraph (a) to read as fol­ fer of stock between a noncorporate of this paragraph. lows: shareholder and a corporate shareholder, If a corporation complies with the pro­ § 1.331—1 Corporate liquidations. then the sum of the noncorporate dis­ cedure prescribed in the preceding sen­ tributees’ allocable share of undistributed (a) Section 331 contains rules govern­ tence, it satisfies both the designation personal holding company income for the ing the extent to which gain or loss is taxable year in which, or in respect of and notification requirements of section recognized to a shareholder receiving a 316(b) (2) (B) (ii) and paragraph (b) (2) which, the distributions were made (com­ distribution in complete or partial liqui­ puted without regard to sections 562(b) (ii) of this section. An amount desig­ dation of a corporation. Under section or 316(b) (2 )(B )) shall be determined nated as a dividend shall not be included 331(a)(1), it is provided that amounts as a distribution in liquidation oil Form as follows: distributed in complete liquidation of a (o) First, allocate Jiïie corporation’s 1099L filed pursuant to § 1.6043-2 (relat­ corporation shall be treated as in full uridistributed personal holding company ing to returns of information respecting payment in exchange for the stock. income among the distributions made distributions in liquidation). If a cor­ Under section-331 (a) (2), it is provided during the taxable year by reference to poration designates a dividend in ac­ that amounts distributed in partial liqui­ the ratio which the aggregate amount cordance with this subparagraph, it shall dation of a corporation shall be treated of each distribution bears to the total attach to the return in which it claims as in full or part payment in exchange amount of all distributions during such a deduction for such designated dividend for the stock. For this purpose, the term year; a schedule indicating all facts necessary “partial liquidation” shall have the (b) Second, determine the noncorpo­ to determine the sum of the noncorpo­ meaning ascribed in section 346. If sec­ rate distributees’ allocable share of the rate distributees’ allocable share of un­ tion 331 is applicable to the distribution corporation’s undistributed personal distributed personal holding cpmpany of property by a corporation, section 301 holding company income for each dis­ income (determined in accordance with (relating to the effects on a shareholder tribution by multiplying the amount de­ subparagraph (3) of this paragraph) for of distributions of property) has no ap­ termined under (a) of this subdivision the year in which, or in respect of which, plication other than to a distribution in the distribution is designated as a (ii) for each distribution by the ratio complete liquidation to which section dividend. which the aggregate value of the stock 3 1 6 (b)(2 )(B ) applies. See paragraph held by all noncorporate shareholders * * * * * (b) (2) of § 1.316-1. immediately before the record date of id) * * * * ♦ * * * such distribution bears to the total value Exam ple (5). Corporation O, a calendar P ar. 5. Section 1.333 is amended by stcok outstanding on such date; of all year taxpayer, is completely liquidated on adding a new subsection (g) to section and December 31, 1964, pursuant to a plan of 333 and by adding a historical note. (c) Last, determine the sum of the liquidation adopted July 1, 1964. No dis­ These added provisions read as follows: noncorporate distributees’ a l l o c a b l e tributions in liquidation were made pursu­ share of the corporation’s undistributed ant to the plan of liquidation adopted July 1, § 1.333 Statutory provisions ; election as personal holding company income for 1964, until the distribution in complete to recognition of gain in certain each distribution. liquidation on December 31, 1964. Corpora­ liquidations. tion O has undistributed personal holding (4) The amount designated as a div­ Sec. 333. Election as to recognition of gain company income of $300,000 for the year in certain liquidations. * * * idend to a noncorporate distributee for 1964 (computed without regard to section (g ) Special rule-— (1 ) Liquidations before any taxable year of the distributing cor­ 562(b) or section 316(b)(2)(B)). On De­ January 1, 1967. In the case of a liquida­ poration may not exceed an amount cember 31, 1964, immediately before the rec­ tion occurring before January 1, 1967, of a ord date of the distribution in complete equal to the sum of the noncorporate corporation referred to in paragraph (3) — liquidation, individual A owns 200 shares of distributees’ allocable share of undis­ (A ) T h e date “Decem ber 31, 1953” re­ corporation O’s outstanding stock and cor­ tributed personal holding company in­ ferred to in subsections (e)(2) and (f)(1 ) poration P owns the remaining 100 shares come (as determined under subpara­ shall be treated as if such date were “De­ of outstanding stock. AU shares are equal cem ber 31,1962”, and graph (3) of this paragraph) for such in value. The noncorporate distributees’ al­ (B ) In the case of stock in such corpora­ year multiplied by the ratio which the locable share of undistributed personal hold­ tion held for more than 6 months, the term aggregate value of the stock held by such ing company income for 1964 is $200,000 "a dividend” as used in subsection (e)(1) distributee immediately before the record 200 shares \ w------X $300,000 ). shall be treated as if such term were “long­ date of the liquidating distribution term capital gain”. bears to the aggregate value of out­ (300 shares / standing stock held by all noncorporate If at least $200,000 is distributed to A in Subparagraph (B) shall not apply to any the liquidation, then corporation O may des­ earnings and profits to which the corporation distributees' on such date, 'in any case ignate $200,000 to A as a dividend in accord­ succeeds after December 31,1963, pursuant to where more than one liquidating dis­ ance with paragraph (b) (5) of this section, any corporate reorganization or pursuant to tribution is made during the taxable year, and, if such amount is designated, then A any liquidation to which section 332 applies, the aggregate amount which may be must treat $200,000 as a dividend to which except earnings and profits which on Decem­ designated as a dividend to a noncorpo­ section 30l applies. For an example of the ber 31, 1963, constituted earnings and profits rate distributee for such year may not treatment of the distribution to corporation of a corporation referred to in paragraph (3), exceed the aggregate of the amounts de­ P see paragraph (b ) (2) (111) of § 1.562-1. and except earnings and profits which were earned after such date by a corporation re­ termined under the preceding sentence P a r . 3. Section 1.331 is amended by ferred to in paragraph (3). with respect to such distributee for each revising subsection (b) of section 331 (2 ) Liquidations after Decem ber 31,1966— distribution. and by adding a historical note. These (A ) In general. In the case of a liquidation ^ (5) a corporation may designate as a revised and added provisions read as occurring after December 31, 1966, of a dividend to a shareholder all or part of follows: corporation to which this subparagraph a distribution in complete liquidation applies— described in section 3 1 6 (b)(2 )(B ) and § 1.331 Statutory provisions; gain or (i) The date “December 31, 1953” referred this paragraph by: loss to shareholders in corporate to in subsections (e)(2) and (f) (1) shall be liquidations. treated as if such date, were “December 31, , Including such amount as a divi­ 1962”, and dend in Form 1099 filed in respect of Sec. 331. Gain or loss to shareholders in (ii) .So much of the gain recognized under «Mo/ shareholder pursuant to section corporate liquidations. * * * subsection (e) (i) as is attributable to the »042(a) and the regulations there- (b ) Nonapplication of section 301. Sec­ earnings and profits accumulated after Feb­ tion 301 (relating to effects on shareholder ruary's, 1913, and before January 1, 1967, unaer and in a written statement of of distributions of property) shall not apply dividend payments furnished to such shall, in the case of stock in such cooperation to any distribution of property (other than held for more than 6 months, be treated as shareholder pursuant to section 6042(c) a distribution referred to in paragraph (2) long-term capital gain, ; and only the re­ and § 1.6042-4, and (B ) of section 316 (b ) ) in partial or complete mainder of such gain shall be treated as a (ii> Indicating on the written state­ liquidation. dividend. : * * . * * * ment of dividend payments furnished to Clause (ii) shall not apply to any earnings [Sec. 331 as am ended by sec. 2 2 5 (f) (2 ) , Rev. such shareholder the amount included in and profits to which the corporation succeeds Act 1964 (78 Stat. 88)] \ No. 179------6 11864 PROPOSED RULE MAKING after December 31,1963, pursuant to any cor­ qualified electing shareholder’s gain on tuted for the date “December 31, 1953” porate reorganization or pursuant to any the liquidation which would otherwise be wherever such date appears in paragraph liquidation to which section 332 applies, ex­ recognized and which is attributable to (b) (2) of § 1.333-4. cept earnings and profits which on December appreciation in the value of certain cor­ (c) Treatment of recognized gain— 31, 1963, constituted earnings and profits of Liquidations before January 1, 1967. a corporation referred to in paragraph- (3), porate assets unrealized by the corpora­ and except earnings and profits which were tion at the time such assets are distrib­ Where the liquidation of a corporation earned after such date by a corporation re­ uted in complete liquidation. Only described in paragraph (f)(1 ) of this ferred to in paragraph (3). qualified electing shareholders are en­ section occurs before January 1, 1967— (B ) Corporations to which applicable. titled to the benefits of section 333. The (1) In the case of a qualified electing Subparagraph (A) shall apply only with re­ determination of who is a qualified elect­ shareholder other than a corporation, spect to a corporation which is referred to ing shareholder is to be made under sec­ the recognized gain on a share of stock in paragraph (8) and which— tion 333(c). Section 333(g) provides a owned at the time of the adoption of the (i) On January 1, 1964, owes qualified in­ plan of liquidation and which has been debtedness (as defined in section 545(c) ), rule for the treatment of gain in the (ii) Before January 1, 1968, notifies the case of liquidations which meet the re­ held by such shareholder for more than Secretary or his delegate that it may wish to quirements of section 333(g) in addition six months is treated as a long-term have subparagraph (A) apply to it and sub­ to the other requirements of section 333. capital gain. mits such information as may be required (See § 1.333-5.) For the basis of prop­ (2) In the case of a qualified electing by regulations prescribed by the Secretary or erty received on such liquidations, see shareholder other than a corporation, his delegate, and section 334(c). Section 333 has no ap­ that part of the recognized gain on a (iii) Liquidates before the close of the tax­ share of stock owned at the time of the able year in which such corporation ceases plication to gain in respect of stock of a tp owe such qualified indebtedness or (if collapsible corporation to which section adoption of the plan of liquidation and earlier) the taxable year referred to in sub- 341(a) applies. which has been held by such shareholder paragraph (C). * * * * * for not more than six months which is (C ) Adjusted post-1963 earnings and prof­ not in excess of his ratable share of the its exceed qualified indebtedness. In the case P ar. 7. Section 1.333-2 is amended by earnings and profits of the liquidating of any corporation, the taxable year referred revising paragraph (b) (1) to read as fol­ corporation accumulated after February to in this subparagraph is the first taxable lows: 28, 1913, determined as provided in sec­ year at the close of which its adjusted post- § 1.333-2 Qualified electing share­ tion 333(e)(1), is treated as a dividend 1963 earnings and profits equal or exceed the amount of such corporation’s qualified in­ holder. and retains its character as such for all debtedness on January 1, 1964. For purposes ***** tax purposes. The remainder of the of the preceding sentence, the term “ad­ (b) * * * gain which is recognized is treated as a justed post-1963 earnings and profits” means (1) His written election to be governedshort-term capital gain. the sum of— (3) In the case of a qualified electing (i) The earnings and profits of such cor­ by the provisions of section 333, which cannot be withdrawn or revoked (except shareholder which is a corporation, the poration for taxable years beginning after entire amount of the gain which is rec­ December 31, 1963, without diminution by in the case of a conditional election made by reason of any distributions made out of pursuant to section 333(g) (4) and para­ ognized is treated as a short-term or such earnings and profits, and graph (g) of § 1.333-5), has been made long-term capital gain, as the case may (ii) The deductions allowed for taxable and filed as prescribed in § 1.333-3; and be. years beginning after December 31, 1963, (d) Treatment of recognized gain— for exhaustion, wear and tear, obsolescence, ***** Liquidations after December 31, 1966. amortization, or depletion. P a r . 8. Section 1.333-5 amended and Where the liquidation of a corporation (3 ) Corporations referred to. For p u r­ redesignated as § 1.333-6 and a new described in paragraph (f)(2 ) of this poses of paragraphs (1) and (2), a corpora­ § 1.333-5 is inserted immediately after section occurs after December 31,1966— tion referred to in this paragraph is a cor­ § 1.333-4. These revised and added pro­ poration which for at least one of the two (1) In the case of a qualified electing most recent taxable years ending before the visions read as follows: shareholder other than a corporation, date of the enactment of this subsection was § 1.333—5 Special rule for treatment o f the recognized gain on a share of stock not a personal holding company under sec­ gain. owned at the time of the adoption of the tion 542, but would have been a personal plan of liquidation which has been held holding company under section 542 for such (a) In general. In the case of— by such shareholder for more than six taxable year if the law applicable for the (1) A liquidation occurring before first taxable year beginning after December months is treated as follows: January 1, 1967, of a corporation de­ (i) That part of the recognized gain 31, 1963, had been applicable to such taxable scribed in paragraph (f) (1) of this sec­ year. which is not in excess of his ratable (4 ) Mistake as to applicability of subsec­ tion, and share of the earnings and profits of the tion. An election made under this section (2) A liquidation occurring after De­ liquidating corporation accumulated by a qualified electing shareholder of a cor­ cember 31, 1966, of a corporation de­ after February 28, 1913, and before Jan­ poration in which such shareholder states scribed in paragraph (f) (2) of this sec­ uary 1, 1967, is treated as a long-term that such election is made on the assumption tion, notwithstanding the provisions of capital gain; that such corporation is a corporation re­ paragraph (b) and (c) of § 1.333-4, the (ii) That part of the recognized gam ferred to in paragraph (3) shall have no amount of gain (determined by reference remaining after subtracting the part force or effect if it is determined that the to paragraph (a) of § 1.333-4) on each corporation is not a corporation referred treated as a long-term capital gain un­ to in paragraph (3 ). share of stock owned by a qualified elect­ der subdivision (i) of this subpara­ ing shareholder at the time of the adop­ graph which is not in excess of his rat­ (Sec. 333 as amended by sec. 225 (g ), Rev. tion of the plan of liquidation which is Act 1964 (78 Stat. 89) ) able share of earnings and profits of recognized shall be determined under the liquidating corporation accumulated P a r . 6. Section 1.333-1 is amended by paragraph (b) of this section, and the after December 31, 1966, computed as revising paragraph (a) to read as treatment of such recognized gain shall of the last day of the month of liquida­ follows: be determined under paragraph (c) or tion, without diminution by reason of (d) of this section. This section applies distributions made during such month, §1.333—1 Corporate liquidations in only with respect to distributions made some one calendar month. and including in such computation ah in any taxable year of the distributing items of income and expense accrued (a) In general. Section 333 providescorporation beginning after December 31, up to the date on which the transfer oi a special rule, in the case of certain 1963. all property under the liquidation is specifically described complete liquida­ (b) Recognition of gain. In the case completed, is treated as a dividend ana tions of domestic corporations occur­ of a liquidation to which this section ap­ retains its character as such for all tax plies, the determination of the amount ring within some one calendar month, purposes; and* 5 for the treatment of gain on the shares of recognized gain oh each share of stock (iii) The remainder of the gam whicn owned by a qualified electing shareholder of stock owned by qualified electing is recognized is treated as a lon g-ter shareholders at the time of the adoption at the time of the adoption o f the plan Dital gain. ..,, of the plan of liquidation. The effect of liquidation shall be made under para­ r purposes of subdivision (i) , of such section is in general to postpone graph (b) of § 1.333-4 except that the the recognition of that portion of a date “December 31, 1962” shall be substi­ Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11865 ing corporation which, for its taxable Decem ber 31, 1963. O n Decem ber 31, 1965, paragraph (h) of this section that it may year within, which falls December 31, M Corporation liquidates in accordance with wish to have section 333(g)(2) (A) and 1966, does not make its return on the section 333 and distributes aU of its assets to its sole shareholder A, an individual. A paragraph (d) of this section apply to it; basis of a calendar year, the ratable share is a qualified electing shareholder who owned and of the earnings and profits of such cor­ his stock at the time of the adoption of the (c) Liquidates before the close of the poration accumulated after February 28, plan of liquidation and for more than 6 first taxable year in which it ceases to 1913, and before January 1, 1967, shall months. A’s recognized gain is determined owe qualified indebtedness, or, if earlier, be determined by treating the part of under paragraph (b) of this section. That the first taxable year at the close of such year occurring before January 1, part of the recognized gain which is not in which its adjusted post-1963 earnings 1967, as a taxable year. For purposes of excess of the earnings and profits of O Cor­ poration (to which M succeeded) is treated and profits equal or exceed the amount subdivision (ii) of this subparagraph, as a dividend under paragraph (c) of § 1.333- of such corporation’s qualified indebted­ in the case of a liquidating corporation 4. The remainder of the gain which is rec­ ness on January 1, 1964. which, for its taxable year in which falls ognized is treated as a long-term capital (ii) For purposes of this section, the January 1, 1967, does not make its re­ gain. term “adjusted post-1963 earnings and turn on the basis of a calendar year, the (f) Corporations referred to. (1) (i) profits” means the sum of—; ratable share of the earnings and profits For purposes of this section, a corpora­ (a) The earnings and profits of the of such corporation shall be determined tion described in this paragraph is a cor­ distributing corporation for taxable by treating the part of such year oc­ poration for which‘ at least 1 of its 2 years beginning after December 31,1963, curring after December 31, 1966, as a most recent taxable years ending before without diminution by reason of any taxable year. , February 26, 1964, was not a personal distributions made out of such earnings (2) In the case of a qualified electing holding company under section 542, but and profits; and shareholder other than a corporation, which would have been a personal hold­ (b ) The deductions allowed to such that part of the recognized gain on a ing company under section 542 for such corporation, for taxable years beginning share of stock owned at the time of the taxable year if the law applicable for after December 31, 1963, for exhaustion, adoption of the plan of liquidation and the first taxable year beginning after wear and tear, obsolescence, amortiza­ which has been held by such shareholder December 31, 1963, had been applicable tion, or depletion. for not more than six months which is to such taxable year. The law applicable (g) Mistake as to qualification. If a not in excess of his ratable share of the for the first taxable year beginning after shareholder makes a valid election to be earnings and profits of the liquidating December 31, 1963, for purposes of this governed by section 333 by filing Form corporation accumulated after February section means part II (section 541 and 964 (revised) and states, in accordance 28,1913, determined as provided in sec­ following), subchapter G, chapter 1 of with instructions printed thereon, that tion 333(e) (1), is treated as a dividend the Code as applicable to such year, but such election is made under the assump­ and retains its character as such for all does not include amendments to other tion that the liquidating corporation is tax purposes. The remainder of the parts of the Code first applicable with re­ a corporation described in paragraph gain which is recognized is treated as a spect to such year. (f ) (1) of this section, then such election short-term capital gain. (ii) The application of subdivision (i) shall have no force or effect for any (3) In the case of a qualified electing of this subparagraph may be illustrated purpose if it is later determined that the shareholder which is a corporation, the by the following example: liquidating corporation is not a corpora­ entire amount of the gain which is recog­ tion described in paragraph (f)(1 ) of nized is treated as a short-term or long­ Example. In 1962, 80 percent of the gross this section. Thus, if the statement of income of the P Corporation, a calendar term capital gain, as the case may be. year taxpayer more than 50 percent of the assumption described in the preceding (e) Nonapplicability of paragraphs stock, of w hich is owned by fo u r individuals, sentence is made, and it is later deter­ (c) and id) . ( l ) The rules for treat­ was personal holding company income as mined that the liquidating corporation is ment of recognized gain contained in defined in section 542, prior to the amend­ not a corporation described in paragraph paragraphs (c) and (d) of this section do ment of such section by section 225 of the (f)(1 ) of this section, then the entire not apply to that part of the recognized Revenue Act of 1964. In 1963 additional election under section 333 is void even operating Income was added, with the re­ gain on a share of stock which is not in though the electing shareholder desires sult that only 70 percent of its gross income section 333 (without regard to section excess of the qualified electing share­ (and adjusted ordinary gross income as de­ holder’s ratable share of earnings and fined in section 543(b)(2) for taxable years 333 (g) ) to apply to him. The condi­ Profits to which the liquidating corpora^ beginning after December 31, 1963)' for the tional election referred to in this para­ tion has succeeded after December 31, year was personal holding company income. graph is the only exception to the rule 1963, pursuant to any corporate reorgan­ P Corporation’s 2 most recent taxable years of paragraph (b) (1) of § 1.333-2 that an ization or pursuant to any liquidation to ending before February 26, 1964, are calendar election to be governed by the provisions which section 332 applies, except earn­ years 1962 and 1963. The P Corporation was of section 333 once filed cannot be with­ a personal holding company for 1962, but was ings and profits which on December 31, drawn or revoked. not a personal holding company for 1963 (h ) Notification in case of liquidation 1963, constituted earnings and profits of since it did not meet the 80-percent income a corporation referred to in paragraph test of the existing section 542(a) (1) for that after December 31, 1966. (1) If a cor­ (f) (1) of this section and earnings and year. However, P Corporation would have poration referred to in paragraph (f) (1) profits which were earned after such date been a personal holding company for 1963 of this section determines that it may by a corporation referred to hi paragraph if the provisions of sections 542(a)(1) and liquidate after December 31, 1966; under (f) (1) of this section. However, the 543, as amended by section 225 of the the provisions of section 333(g) (2) (A ) rule for recognition of gain contained in Revenue Act of 1964, and as applicable to and paragraph (d) of this section, then taxable years beginning after December 31, it must notify the district director for Paragraph (b) of this section applies 1963, were applicable to 1963. Therefore, P even though the rules for treatment of is a corporation described in this subpara­ the district in which it files its income gain (paragraphs (c) and (d) of this sec­ graph. It is immaterial whether P Corpo­ tax return for the taxable year within tion) do not apply by reason of this para­ ration is or is not a personal holding com­ which falls the date of notification. graph. pany for its taxable years beginning after Such notification shall be made by a (2) The application of subparagraph December 31, 1963. If P had been organized statement filed with such district direc­ (1) of this paragraph may be illustrated on January 1, 1963, it would still be a cor­ tor before January 1, 1968, containing poration referred to in this subparagraph. by the following example : the following: (2) (i) For purposes of this section, a (i) The name, address, and employer Example. M Corporation (a corporation identification number of the liquidating referred to in paragraph (f) ( 1) of this sec- corporation described in paragraph (d) succeeds to the earnings and profits of this section is one described in sub- corporation; N Corporation (a corporation not referred paragraph (1> of this paragraph which: (ii) A statement that the corporation o m paragraph ( f ) ( 1) of this section) under (a) On January 1, 1964, owes quali­ may liquidate after December 31, 1966, ection 381 in a transaction occurring before fied indebtedness (as defined in section and that it may wish section 333(g) (2) January 1, 1964. In addition, M Corporation 545(c) (3) and paragraph (d) of § 1.545- (A ) to apply to it; cceeds to the earnings and profits of O (iii) A computation indicating that orporation (a corporation not referred to in 3); P. agt&ph (f) (l) of this section) under sec- (b) Before January 1, 1968, notifies the corporation was not a personal hold­ °h 381 in a transaction occurring after the district director in accordance with ing company under section 542 for at 11866 PROPOSED RULE MAKING least one of its two most recent taxable (3) If a corporation actually liquidatesits taxable years 1964, 1965, and 1966, all years ending before February 26, 1964, during the calendar year 1967 without of which are distributed to its shareholders but would have been a personal holding having notified the district director in in each such year. It has earnings and profits of $40,000 for its short taxable year company under section 542 for such tax­ accordance with subparagraph (1) of beginning January 1, 1967, and ending June able year if the law applicable for the this paragraph and any shareholder 30, 1967, the date of complete liquidation. first taxable year beginning after De­ claims the benefit of section 333(g) (2) No distributions are made dining the taxable cember 31, 1963, had been applicable to (A ) and paragraph (d) of this section, year beginning January 1, 1967, and ending such taxable year; and then it shall be deemed to have satisfied June 30, 1967, other than distributions made (iv) All information necessary to de­the notification and information require­ in liquidation. For the years 1964, 1965, ments of section 333(g) (2) (B ) (ii) if it and 1966, and fo r the short taxable year be­ termine whether, and in what amount, ginning January 1, 1967, T Corporation is the corporation owed qualified indebted­ files with the district director for the allowed deductions for depreciation in the ness (as defined in section 545(c) (3) and district in which such corporation’s Form total am ount of $35,000. O n January 8,1967, paragraph (d) of § 1.545-3) on January 966 was filed a statement containing T Corporation, in accordance with section 1, 1964, to what extent the corporation all information necessary to determine 333, adopts a plan of complete liquidation owes qualified indebtedness on the date whether, and in what amount, such cor­ and distributes on June 30, 1967, all of its of notification, and the adjusted post- poration owed qualified indebtedness on assets, consisting of the follow ing items: 1963 earnings and profits of the corpora­ January 1, 1964, and all information re­ Stock in X Corporation (acquired tion at the close of taxable years ending ferred to in subparagraph (2) (ii) of this 1958) ______$2,000,000 before the date of notification, includ­ paragraph. The statement must be filed Stock in V Corporation (acquired ing the following: on or before February 28, 1968. 1964) ______1,000,000 (i) Examples. The application of this Real property -£______750,000 (a) A summary of the terms upon Tangible personal property ___ __ 250,000 which the qualified indebtedness was section may be illustrated by the follow­ owed on January 1, 1964, and a sum­ ing examples: T o t a l ______4,000,000 mary of any changes occurring in such Exam ple (1). On January 2, 1964, Q Cor­ Each of the assets are distributed equally to poration which Is a corporation described terms after such date; individual B and W Corporation, its two In paragraph (f)(1 ) of this section, adopts (b) A schedule indicating the quali­ equal shareholders. B acquired all of his a plan of complete liquidation conforming fied indebtedness owed by the corpora­ stock in 1958 and his adjusted basis in such to the requirements of section 333. Its stock is $1 million. W Corporation acquired tion at the close of each taxable year assets on such date consist of the following all of its T Corporation stock in 1964, and ending after December 31, 1963, if any item s: has an adjusted basis for such stock of such year has ended before notification Fair mar­ $1,500,000. B realizes gain on the liquidation ket value occurs, and the qualified indebtedness o f $1 m illion ($2 m illion m inus $1 million) Stock in R Corporation (acquired owed on the date when notification is and W Corporation, $500,000 ($2 million 1956) $3,000,000 made under this paragraph; m inus $1,500,000). B is a “qualified electing Stock in S Corporation (acquired (c) A schedule indicating the amount shareholder”. Under paragraph (b) of this 1963) 550,000 section, B recognizes gain in the amount of of earnings and profits of the corpora­ Real property______200,000 tion for each taxable year beginning af­ $500,000 (the fair market value of his share of the stock of V Corporation) since such ter December 31, 1963, and ending be­ 3, 750, 000 am ount is greater than $270,000 (his ratable, fore the date of notification, if any such On January 1, 1964, Q Corporation’s earn­ share of the earnings and profits). The years have ended before notification oc­ ings and profits- accumulated after Febru­ $500,000 remainder of B’s gain is not recog­ curs, without diminution by reason of ary 28, 1913, are $250,000. Q Corporation nized at the time of liquidation of T Cor­ any distribution made out of such earn­ distributes all of its assets in complete poration. Such recognized gain of $500,000 ings and profits; and a schedule indi­ liquidation, as provided in section 333, before is treated as follows: cating the deductions allowed to the cor­ January 31, 1964, to individual A, its sole shareholder. A acquired all of his stock in poration for each taxable year begin­ Explanation Amount Treatment 1956, and his adjusted basis in such stock ning after December 31, 1963, and end­ is $2 million. A’s total gain realized on the ing before the date of notification, for liquidation is $1,750,000 ($3,750,000 m inus B’s ratable share of earnings $250,000 Long-term exhaustion, wear and tear, obsolescence, $2 m illion). A is a “qualified electing share­ and profits accumulated capital gain. after Feb. 28,1913, and be­ amortization, or depletion. holder’’. Under paragraph (b) of this sec­ fore Jan. 1, 1967. (2) (i) If a corporation referred to intion, A recognizes gain in the amount of B’s ratable share of earnings 20,000 Dividend. paragraph (f) (1) of this section actually $550,000 (the fair market value of the stock and profits accumulated of S Corporation), since such amount is after Dec. 31, 1966. liquidates after giving notification in ac­ Remainder...... 230,000 Long-term greater than $250,000 (his ratable share of capital gain. cordance with subparagraph (1) of this the earnings and profits).' The remainder of paragraph and any shareholder claims A’s gain is not recognized at the time of the benefit of section 333(g) (2) ( A ) , then liquidation of Q Corporation. Under para­ W Corporation’s gain of $500,000 is recog­ such corporation shall file, with the dis­ graph (c)(1) of this section, the $550,000 nized in full since it is excluded by section trict director for the district in which recognized gain is treated as a long-term 333(b) from the application of section 333. capital gain since A has held his stock for Example (4). The facts are the same as in the corporation’s Form 966 was filed, a example (3) except that on December 31, statement containing the information m ore than 6 months. Example (2). The facts are the same as 1965, the sum of T Corporation’s earnings referred to in subdivision (ii) of this in example (1) except that A acquired all of and profits and depreciation deductions for subparagraph. The statement must be his stock in Q Corporation on September 30, its taxable years 1964 and 1965 was $185,000. filed on or before February 28 of the year 1963. Since A held his stock for not more At the close of 1966, the sum of T Corpora­ following the calendar year in which the than 6 months, $250,000 (his ratable share tion’s earnings and profits and depreciation complete liquidation occurs. of earnings and profits) of his recognized deductions for 1964, 1965, and 1966 was gain is treated as a dividend, and$300,000 $250,000. T Corporation is not a corporation (ii) The information referred to in to which section 333(g) (2) (A) is applicable this subdivision is the following : ($550,000 m inus $250,000, the rem ainder of the recognized gain) is treated as a short­ since it did not liquidate before December 31, (a ) The name, address, and employer term capital gain. 1966 (the close of the taxable year in which identification number of the corporation; Exam ple (3). On January 1, 1964, T Cor­ its adjusted post-1963 earnings and profits (b ) The date on which the corporation poration, a calendar year taxpayer, which is exceeded its qualified indebtedness). ceased to owe qualified indebtedness (as a corporation described in paragraph (f)(1 ) B is subject to the treatment prescribed by defined in section 545(c) ) ; of this section, owes qualified indebtedness section 333 without regard to subsection (g) (c) The amount of earnings and prof­ (as defined in section 545(c)(3)) in the of such section. amount of $200,000. No amounts are used § 1.333-6 Records to be kept and infor­ its of the corporation for each taxable or set aside after December 31, 1963, to retire mation to be filed with return. year beginning after December 31, 1963, the qualified indebtedness. T Corporation without diminution by reason of any dis­ has earnings and profits accumulated after (a) Permanent records in substantial tribution made out of such earnings and February 28, 1913, and before January 1, form shall be kept by every qnabned profits; and the deductions allowed to 1964, of $500,000. O n June 30, 1966, in ac­ electing shareholder receiving distribu­ cordance with paragraph (h ) of this section, the corporation for each taxable year be­ tions in complete liquidation of a do­ ginning after December 31, 1963, for ex­ T Corporation notifies the appropriate dis­ trict director that it may wish to liquidate mestic corporation. Such sharehoid haustion, wear, and tear, obsolescence, after December 31, 1966. T Corporation has must file with his income tax return ! amortization, or depletion. earnings and profits of $50,000 for each of his taxable year in which the liquid Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11867 tion occurs a statement of all facts perti­ distributor or transferor corporation im­ (c ) Special adjustment to taxable in­ nent to the recognition and treatment mediately before the assumption of such come— (1 ) In general. Except as otherwise of the gain realized by him upon the indebtedness, then, under section 381 provided in this subsection, for purposes of subsection (a) there shall be allowed as a shares of stock owned by him at the (c)(1 5 ), in computing its undistributed deduction amounts used, or amounts irrev­ time of the adoption of the plan of liqui­ personal holding company Income for ocably set aside (to the extent reasonable dation including: any taxable year beginning after Decem­ with reference to the size and terms of the (1) A statement of his stock owner­ ber 31, 1963, and ending after the date Indebtedness), to pay or retire qualified in­ ship in the liquidating corporation as of of distribution or transfer, the acquiring debtedness. the record date of the distribution, show­ corporation shall be considered the dis­ (2 ) Corporations to which applicable. ing the number of shares of each class tributor or transferor corporation for This subsection shall apply only with respect to a corporation— owned on such date, the cost or other purposes of computing the deduction (A ) Which for at least one of the two most basis of each such share, and the date of under section 545(c) and § 1.545-3. recent taxable years ending before the date acquisition of each such share; Such deduction shall be allowed to the of the enactment of this subsection was not (2) A list of all the property, includ­ acquiring corporation in accordance a personal holding company under section ing money, received upon the distribu­ with section 545(c) and § 1.545-3. 542, hut would have been a personal holding tion, showing the fair market value of (2) Successive transactions' to which company under section 542 for such taxable each item of such property other than section 381 (a) applies. If in a transac­ year if the law applicable for the first tax­ money on the date distributed and stat­ able year beginning after December 31, 1963, tion to which section 381(a) applies, an had been applicable to such taxable year, or ing what items, if any, consist of stock acquiring corporation assumes liability (B ) To the extent that it succeeds to the or securities acquired by the liquidating for qualified indebtedness, such acquir­ deduction referred to in paragraph (1) by corporation after December 31, 1953, or ing corporation shall be deemed to have reason of section 381(c) (15). after December 31, 1962, whichever date incurred such qualified indebtedness for (3 ) Qualified indebtedness— (A ) In gen­ is applicable; the purpose of applying section 381(c) eral, Except as otherwise provided in this (3) A statement of his ratable share (15) to any subsequent transaction in paragraph, for purposes of this subsection of the earnings and profits of the liqui­ the term “qualified indebtedness” means— which such acquiring corporation is the Ofj The outstanding Indebtedness in­ dating corporation accumulated after distributor or transfer corporation. curred by the taxpayer after December 31, February 28, 1913, computed without (b) Pre-1934 indebtednes s— (1) 1933, and before January I, 1964, and diminution by reason of distributions Carryover requirement. If, in a trans­ (ii) ~ The outstanding indebtedness in­ made during the month of liquidation action to which section 381(a) applies, curred after Decem ber 31, 1963, fo r the p u r­ (other than designated dividends under the acquiring corporation assumes liabil­ pose of making a payment or set-aside re­ section 316(b) (2 )(B >>; ity for any indebtedness incurred, or as­ ferred to in paragraph (1) in the same taxable year, but, in the case of such a (4) In the case of a liquidation to sumed, before January 1, 1934, by a dis­ payment or set-aside which is made on or which section 333(g) (2) applies, a state­ tributor or transferor corporation, then after the first day of the first taxable year ment of his ratable share of earnings under section 381(c) (15) the acquiring beginning after December 31, 1963, only to and profits of the liquidating corpora­ corporation shall be allowed, in comput­ tbe extent the deduction otherwise allowed tion accumulated after February 28, ing its undistributed personal holding In paragraph (1) with respect to such pay­ 1913, and before January 1, 1967; and company income for any taxable year ment or set-aside Is treated as nondeduct- (5) A copy of such shareholder’s ending after the date of distribution or Ibie by reason of the election provided in paragraph (4 ) . written election to be governed by the transfer, a deduction under section 545 (B ) Exception. - For purposes of subpara­ provisions of section 333. See § 1.333-3. (b) (7) for amounts used or irrevocably graph (A ), qualified indebtedness does not (b) For information to be filed by the set aside to pay or to retire such indebted­ include any amounts which were, at any liquidating corporation, see section 6043. ness. Such deduction shall be allowed tim e after Decem ber 31, 1963, and before Par. 9. Section 1.381(c) (15) is to the acquiring corporation in accord­ the payment o r set-aside, owed to a person amended by revising subsection (c) (15) ance with section 545(b) (7) and para­ who at such time owned (or was considered of section 381 and by adding a historical graph (g) of § 1.545-2 as though the in­ as owning within the meaning of section 318(a)) more than 10 percent in -value of note. These amended and added provi­ debtedness had been incurred, or as­ the taxpayer’s outstanding stock. sions read as follows : sumed, by the acquiring corporation be­ (C ) Reduction for amounts irrevocably set § 1.381(c)(15) Statutory provisions; fore January 1, 1934. aside. For purposes of subparagraph (A), carryovers in certain corporate acqui­ (2) Successive transactions to which the qualified indebtedness with respect to a sitions; items o f the distributor or section 381 (a) applies. If, in a transac­ contract shall be reduced by amounts ir­ revocably set aside before the taxable year transferor corporation; indebtedness tion to which section 381(a) applies, an acquiring corporation assumes liability to pay or retire such indebtedness; and no of certain personal holding com­ deduction shall be allowed under paragraph panies. for indebtedness described in subpara­ (1) for payments out of amounts so set aside. Sec. 381. Carryovers in certain corporate graph (1) of this paragraph,, such ac­ (4 ) Election not to deduct. A taxpayer acquisitions. * * * quiring corporation shall be deemed to may elect, under regulations prescribed by (c) Items of the distributor or trans­ have incurred the indebtedness before the Secretary or his delegate, to treat as non- feror corporation. The items referred to in January^ 1,1934, for the purpose of apply­ deductible an amount otherwise deductible subsection (a ) are: ing section 381(c) (15) to any subsequent under paragraph (1); but only If the tax­ * * * * * transaction in which such acquiring cor­ payer files such election on or before the 15th day of the third month following the close (15) Indebtedness of certain personal poration is the distributor or transferor of the taxable year with respect to which holding companies. The acquiring corpora­ corporation. such election applies, designating therein the tion shall be considered to be the distribu­ P a r . 11. Section 1.545 is amended by amounts which are to be treated as- nonde­ tor or transferor corporation for the purpose revising subsection (a ) of section 545, by ductible and specifying the indebtedness (re­ of determining the applicability of subsec­ ferred to in paragraph (3) (A ) (11)) Incurred tions (b) (7) and (c) of section 545, relating adding a new subsection (c) to section 545, and by revising the historical note. for the purpose of making the payment or to deduction with respect to payment of cer­ set-aside. tain indebtedness. These amended and added provisions (5 ) Limitations. The deduction otherwise [Sec 38 1 (c)(1 5 ) ^ am en(jed by sec. 225 read as follows: allowed by this subsection for the taxable U) (3), Rev. Act 1964 (78 Stat. 92)] § 1.545 Statutory provisions; undistrib­ year shall be reduced by the sum of— (A ) The amount, if any, by which-— uted personal holding company in­ Par. 10. Section 1.381(c) (15) -1 is (1) The deductions allowed for the taxable amended to read as follows: come. year and all preceding taxable'-years be­ Sec. 545. Undistributed personal holding ginning after December 31, 1963, for exhaus­ § 1.381(e) (15)—1 Indebtedness of cer­ tion, wear and tear, obsolescence, amortiza­ tain personal holding companies. company income— (a ) Definition. F or p u r­ poses of this part, the term ‘ ‘undistributed tion, or depletion (other than such deduc­ tions which are disallowed in computing un­ (a) Qualified indebtedness— (1) Car­ personal holding company income” means distributed personal holding company income ryover requirement. If, in a transaction the taxable income of a personal holding under subsection (b )(8 )) » exceed o which section 381(a) applies, the ac­ company adjusted in the manner provided (il) Any reduction, by reason of this sub- quiring corporation assumes liability for in subsections (b) and (c ), minus the divi­ paragraph, of the deductions otherwise al­ in/vP^ktedness which was qualified dends paid deduction as defined in section lowed by this subsection for such preceding ^ aebtedness (as defined in section 545 561/ taxable years, and ) and § 1.545-3) in the hands of the (B) The amount, if any, by which-— 11868 PROPOSED RULE MAKING

(i) The deductions allowed under subsec­ rule. In computing undistributed per­ December 31, 1963, had been applicable tion (b )(5 ) in computing undistributed per­ sonal holding company income, section to such taxable year; or sonal holding company income for the tax­ 545(b)(7) provides that there shall be (2) Which is an acquiring corpora­ able year and all preceding taxable years be­ allowed as a deduction amounts used or tion treated as a corporation described ginning after December 31, 1963, exceed— (ii) Any reduction, by reason of this sub- irrevocably set aside to pay or to retire in subparagraph (1) of this paragraph paragraph, of the deductions otherwise al­ indebtedness of any kind incurred before by reason of section 381(c) (15) (relating lowed by this subsection for such preceding January 1,1934, if such amounts are rea­ to the carryover of certain indebtedness taxable years. sonable with reference to the size and in corporate acquisitions), but only to (6 ) Pro-rata reduction in certain cases.terms of such indebtedness. See § 1.545- the extent of the qualified indebtedness for purposes of paragraph (3) (A ), if property 3 for the deduction in computing undis­ to which it has succeeded under section (of a character which is subject to an al­ tributed personal holding company in­ 381(c) (15) and the indebtedness referred lowance for exhaustion, wear and tear, ob­ come of amounts used or irrevocably set to in paragraph (d) (1) (ii) of this sec­ solescence, amortization, or depletion) is disposed of after December 31, 1963, the total aside to pay or retire qualified indebted­ tion incurred to replace qualified in­ amounts of qualified indebtedness of the ness (as defined in paragraph (d) of debtedness to which it has succeeded un­ taxpayer shall be reduced pro-rata in the § 1.545-3). der section 381(c) (15). taxable year of such disposition by the * * * * * The law applicable for the first taxable am ount, if any, by w hich— year beginning after December 31,1963, (A) The adjusted basis of such property Par. 14. There is inserted immediately for purposes erf this paragraph means at the time of such disposition, exceeds— after § 1.545-2 the following new sec­ part n (section 54 and following), sub­ (B) The amount of qualified indebted­ tion: ness which ceased to be qualified indebted chapter G, chapter 1 of the Code as ap­ ness with respect to the taxpayer by reason § 1.545—3 Special adjustment to taxable plicable to such year but does not include of the assumption of the indebtedness by income. amendments to other parts of the Code the transf eree. first applicable with respect to such year. (a) In general. In computing undis­ For an example of a corporation de­ [Sec. 545 as amended by sec. 32, Technical tributed personal holding company in­ scribed in subparagraph (1) of this para­ Amendments Act 1958 (72 Stat, 1631); sec. come for any taxable year beginning graph see paragraph (f)(1 ) of § 9(d) (2), Rev. Act 1962 (76 Stat. 1001); sec. after December 31, 1963, section 545(c) 1.333-5. 225(i) (1) and (2), Rev. Act 1964 (78 Stat. (d) Qualified indebtedness— (1) Gen­ (1) provides that, except as otherwise 9 0 )] eral definition. Except as provided in provided in section 545(c), there shall be subparagraphs (2), (3), and (4) of this P ar. 12. Section 1.545-1 is amended to allowed as a deduction amounts used or paragraph the term “qualified indebted­ read as follows: amounts irrevocably set aside (to the ness” means: extent reasonable with reference to the § 1.545—1 Definition. (i) The outstanding indebtedness (as size and terms of the indebtedness) dur­ defined in subparagraph (6) of this para­ (a ) Undistributed personal holding ing such year to pay or retire qualified graph) incurred after December 31, company income is the amount which is indebtedness (us defined in section 545 1933, and before January 1, 1964, by the tax­ subject to the personal holding company (c) (3) and paragraph (d) of this sec­ payer (or to which the taxpayer suc­ tax imposed under section 541. Undis­ tion). The reasonableness of amounts ceeded in a transaction to which section tributed personal holding company in­ irrevocably set aside shall be determined 381(c) (15) applies), and come is the taxable income of the corpo­ under the rules of paragraph (g) (4) of (ii) The outstanding indebtedness, (as ration adjusted in the manner described § 1.545-2. defined in subparagraph (6) of this para­ in section 545(b) and § 1.545-2, and (b) Amounts used or irrevocably set graph) incurred after December section 545(c) and § 1.545-3, less the de­ aside. The deduction is allowable, in 31,1963, by the taxpayer (or to which the tax­ duction for dividends paid. See part any taxable year, only for amounts used payer succeeded in a transaction to IV (section 561 and following), sub­ or irrevocably set aside in that year. which section 381(c) (15) applies) for chapter G, chapter 1 of the Code, and The use or irrevocable setting aside must the purpose of making a payment or set- the regulations thereunder, relating to be to effect the extinguishment or dis­ aside referred to in paragraph (a) of this the dividends paid deduction. charge of indebtedness. A refunding, section in the same taxable year of the (b) For purposes of the imposition of renewal, or mere change in the form of a debtor in which such indebtedness was the personal holding company tax on a qualified indebtedness which does not incurred. An indebtedness shall be foreign corporation, resident or non­ involve a substantial change in the deemed not to have been incurred for the resident, which files or causes to be filed economic terms of the indebtedness will purpose of making a payment or set aside a return, the undistributed personal not result in an allowable deduction, holding company income shall be com­ referred to in paragraph (a) of this sec­ whether or not funds are obtained from tion when such indebtedness is a conse­ puted on the basis of the taxable income such refunding, renewal or change in from sources within the United States, quence of a refunding, renewal or mere form, and whether or not such funds are change in the form of a qualified indebt­ and such income shall be adjusted in applied on the prior obligation. If edness which does not involve a substan­ accordance with the principles of section amounts are set aside in one year, no tial change in the economic terms of the 545(b) and § 1.545-2, and section 545(c) deduction is allowable for a later year and § 1.545-3. For purposes of the im­ qualified indebtedness. In the case of in which such amounts are actually paid. such a payment or set-aside which is position of such tax on a foreign corpo­ As long as all other conditions are satis­ ration, resident or nonresident, which made on or after the first day of the first fied, the aggregate amount allowable as taxable year beginning after December files no return, the undistributed per­ a deduction for any taxable year in­ sonal holding company income shall be 31,1963, such indebtedness incurred.after cludes all amounts (from whatever December 31,1963, is treated as qualified computed on the basis of the gross in­ source) used and all amounts (from come from sources within the United indebtedness only to the extent that the whatever source) irrevocably set aside, deduction from taxable income otherwise States without allowance of any deduc­ irrespective of whether in cash or other tions. For purposes of this paragraph, allowed by section 545(c) (1) with respect medium. The same item shall not be to such payment or set-aside is treated a nonresident foreign corporation will be deducted more than once. considered to have filed a return for any as nondeductible by reason of the elec­ (c) Corporations to which applicable. tion referred to in paragraph (e) of this taxable year ending before September 9, Section 545(c) (2) describes the corpora­ 1958, if the return for any such taxable lection. . tions lo which section 545(c) applies. In (2) Exception for indebtedness owea year is filed on or before February 5, order to qualify under section 545(c) (2), 1960. o certain shareholders. For purposes the corporation must be one:... if subparagraph (1) of this paragraph , P a r . 13, Paragraph (g) (1) of § 1.545-2 (1) Which for at least one of its two lualified indebtedness does not mcluae is amended to read as follows: most recent taxable years ending be­ my amounts which were, at any tim fore February 26, 1964, was not a per­ liter December 31, 1963, and before tn § 1.545—2 Adjustments to taxable in­ sonal holding company under section 542, come. layment or set-aside to which this sec- but which would have been a personal ion applies, owed directly or indirectly * * * * * holding company under section 542 for )o a person who at such time owned bio _ (g) Payment of indebtedness incurredsuch taxable year if the law applicable for ihan 10 percent in value of the taxpaye prior to January 1, 1934— (1) General the first taxable year beginning after Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11869

318(a) and the regulations thereunder in connection with the property disposed debtedness on the note held by N Corpora­ apply for the purpose of determining of). tion. M Corporation borrows $200,000 on ownership under this subparagraph. (ii) The indebtedness reduced under Septem ber 30, 1964, o f w hich am ount $150,- Amounts which cease to be qualified in­ 000 is simultaneously applied to liquidate the rule of this subparagraph is the the note held by B. M Corporation’s quali­ debtedness by reason of this subpara­ qualified indebtedness which is out­ fied indebtedness is reduced on July 1, 1964, graph may not subsequently become standing with respect to the taxpayer by $300,000, the qualified Indebtedness which qualified indebtedness as a result of any immediately after the disposition re­ ceased to be outstanding by reason of the change in the facts (for example, a sub­ ferred to in subdivision (i) of this sub- transfer. In addition, the reduction (com­ sequent sale of stock by the person to paragraph. puted under section 545(c) (6) and sub- whom the amounts are directly or in­ (iii) The reduction with respect to any paragraph (4) of this paragraph) of M Cor­ directly owed). particular contract of indebtedness un­ poration’s qualified indebtedness by reason (3) Reduction for amounts irrevocably of the disposition of depreciable property on der the rules of this subparagraph shall July 1,1964, is as follow s: set aside. For purposes of subparagraph be determined by multiplying the total (1) of this paragraph, qualified indebted­ reduction (determined under subdivi­ Outstanding qualified indebtedness ness with respect to a particular con­ after reduction of qualified in­ sion (i) of this subparagraph) by the debtedness which ceased to be tract is reduced when and to the extent ratio which the amount of the qualified outstanding by reason of the that amounts are irrevocably set aside indebtedness owed with respect to such transfer but before the sec. 545 to pay or retire such indebtedness. An contract by the taxpayer on the date re­ (c) (6) reduction______$300, 000 amount is not considered to be irrevo­ ferred to in subdivision (ii) of this sub- Reduced by— cably set aside if any person could use paragraph bears to the aggregate quali­ The excess of the adjusted basis such amount for any purpose other than fied indebtedness owed by the taxpayer of depreciable real estate dis­ the retirement of the qualified indebted­ with respect to all contracts on such date. posed of on July 1, 1964 ($500,- 000), over the amount of quali­ ness with respect to which it was set (5) Total debt consisting of both fied indebtedness assuihed by aside. No deduction is allowed under qualified* and nonqualified indebtedness. O Corporation ($300,000).____ 200,000 section 545(c) (1) and this section for In any case where, with respect to a par­ payments out of amounts previously set ticular contract of indebtedness, a part of Qualified indebtedness after red u c­ aside. Thus, for example, if a corpora­ the total indebtedness owed with respect tions from transfer and assump­ tion, which is a June 30 fiscal year tax­ to such contract is qualified indebtedness tion of indebtedness— ______100,000 payer, incurs indebtedness of $1 million and the other part is indebtedness which The pro-rata share of the reduction with re­ on February 1,1962, and, in accordance is not qualified indebtedness, then, any spect to each debt is computed as follows: with its contract of indebtedness, ir­ amount paid or irrevocably set aside with Note held by A : revocably sets aside $50,000 in a sinking respect to such contract shall be allo­ Qualified indebtedness owed by fund on February 1, of each of the years cated between both such parts pro rata taxpayer on the note held by A 1963, 1964, and 1965, then its qualified unless the taxpayer clearly indicates in before the disposition of depre­ indebtedness oh January 1, 1964, is its return the part of the payment or set- ciable property-— ______$150,000 $950,000 ($1 million less one set-aside of aside which Shall be allocated to the Less the pro-rata share of the $50,000 in 1963). The corporation is not qualified indebtedness. total reduction computed un­ allowed a deduction under section 545(0 der subparagraph (4) of this (6) Outstanding indebtedness. For paragraph allocable to such (1) for the set-aside of $50,000 made purposes of determining qualified in­ Aign 000 during its taxable year ending on June debtedness, the term “indebtedness” note$200’000x$3ôôiôô...... - ioo’ oo° 30, 1964, since section 545(c) is appli­ has the same meaning that it has under Qualified indebtedness owed on cable only to taxable years beginning section 545(b) (7) and paragraph (g) (2) the note held by A after the ■ after December 31, 1963, but the quali­ of § 1.545-2. Indebtedness ceases to be transfer ______50,000 fied indebtedness is nevertheless reduced outstanding when the taxpayer no longer by such amount. The corporation is has an obligation absolute and not con­ Note held by B : allowed a deduction of $50,000 for its tingent with respect to the payment of Qualified indebtedness owed by taxable year ending June 30, 1965, as a such debt. An indebtedness evidenced taxpayer on the note held by B result of the set-aside made dining such before the transfer of depreci­ by bonds, notes, or other obligations is­ able property.— ______150,000 taxable year, and qualified indebtedness sued by a corporation is ordinarily in­ Less the pro-rata share of the on July 1, 1965, is $850,000. No deduc­ curred as of the date such obligations total reduction computed un­ tion is allowed to the corporation for a are issued, and the amount of such in­ der subparagraph (4) of this payment in any subsequent taxable year debtedness is the amount represented by paragraph allocable to such from the amounts so set aside. the face value of the obligations. How­ note $200,00Q xS^ „ .— . 100, 000 (4) Reduction on disposition of cer­ ever, a refunding, renewal or mere tain property. (i) Section 545(c)(6) change in the form of an indebtedness Qualified indebtedness owed on Provides that the total amount of the the note held by B after the Which does not involve a substantial t r a n s fe r ______,_ 50,000 taxpayer’s qualified indebtedness (as de­ change in the economic terms of the termined under subdivision (ii) of this indebtedness will hot have the effect subparagraph) shall be reduced* if prop­ of changing the date the indebtedness Of the $150,000 paid by M Corporation on erty of a character subject to the allow­ was incurred. September 30, 1964, to retire the note held by B only $50,000 qualified as a use o f an ance for exhaustion, wear and tear, (7) Examples. The application of obsolescence, amortization, or depletion amount to pay or retire qualified indebted­ this paragraph may be illustrated by the ness and, thus, only $50,000 is allowable as js disposed of after December 31, 1963. following examples: a deduction for purposes of computing un­ The reduction is made pro-rata (in ac­ Example (I). M Corporation, a calendar distributed personal holding company in­ cordance with subdivision (iii) of this come fo r 1964! year taxpayer has $600,000 of indebtedness subparagraph) for the taxable year of outstanding on Decem ber 31, 1963 (w h ich Exam ple (2). The facts are the same as such disposition and is equal in total was incurred after 1933),. represented by in example (1) except that M Corporation amount to the excess, if any, of: three demand notes. Individuals A and B elects in accordance with paragraph (d) of (a) The adjusted basis of the prop­ (who are pot shareholders) each hold one of this section not to deduct $25,000 of the erty disposed of (determined Under sec- M Corporation’s notes in the amount of $50,000 amount otherwise deductible. Then $150,000 and N Corporation (which is not $25,000 of the $200,000 o f new indebtedness foil and the regulations there- incurred by M Corporation is qualifiéd in­ nder) immediately before such disposi­ a shareholder) holds M Corporation’s note tion; over in the amount of $300,000. The note held debtedness. If the payment on the note held by N Corporation is secured by a mortgage by B had not been made until January 1, (b) The amount of qualified indebted- on certain depreciable real estate owned 1965, then the new indebtedness would not y hich ceased to be qualified in- by M Corporation which has an adjusted be qualified indebtedness since the payment was not made in the taxable year in which tedness with respect to the taxpayer basis to it on July t, 1964, of $500,000. On the new indebtedness was incurred. If M nLc6{?f 0rl °f the assumption of indebted- July 1, 1964, M Corporation sells the de­ Corporation pays $40,000 on A pril 1 and July the transferee of the property preciable real estate to O Corporation in 1, 1965, on the indebtedness incurred Sep­ dPht°/P^ °* ^hettier or not such in- consideration for $200,000 in cash and the tember 30, 1964, then (unless M indicates teaness was incurred by the taxpayer assumption by O Corporation of the in- otherwise in its return for 1965 In accordance 11870 PROPOSED RUIE MAKING

•with su bparagraph (5 ) o f this paragraph ) granted for filing the Form 1120 for the (a) The deductions allowed under sec­ thé payments made on such dates must be taxable year with respect to which the tion 545(b) (5) (relating to long-term allocated between qualified and nonqualified election applies, then the statement re­ capital gain deduction) in computing un­ indebtedness in the following manner: quired by the subparagraph shall clearly distributed personal holding company Non- set forth thereon the taxpayer’s name income for the taxable year and all pre­ Oual- guai- ceding taxable years beginning after De­ Apr. 1 payment ified ified and address, shall be signed by the tax­ $25.000 (qualified)______. $5,000 payer, and shall be filed with the district cember 31,1963,exceed $40,000X— ----- director for the internal revenue district (b) Any reduction, by reason of sec­ $200,000 (total indebtedness) in which the taxpayer’s income tax re­ tion 5 4 5 (c)(5)(B ) and this subdivision $35,000 (ii), of the deductions otherwise allowed $40, OOOX— — — turn (for the year with respect to which $200,000 (total indebtedness) the election is applicable) would be filed, by section 545(c) (1) for such preceding years. * July 1 payment if such return were filed on or before the 15th day of the third month following (2) Allocation of reduction. If the $20,000 (nonqualified)_____ 6,000 the close of such year. The following total reduction required by subparagraph $40,000X $160,000 (total indebtedness) information shall be included in the (1) of this paragraph is greater than the $140,000 (nonqualified)...... 36,000 statement of election: amount of the payment or set-aside made $40,000X (i) A statement that the taxpayer in respect of qualified indebtedness in a $160,000 (total indebtedness) wishes to elect in accordance with sec­ taxable year, then the portion of the Total..______,____ 10,000 70,000 tion 545(c) (4) ; reduction which is attributable to either Thus, a total of $16,000 o f the tw o paym ents (ii) The amounts paid or set aside section 5 4 5 (c)(5)(A ) or section 545(c) would be considered used to pay or retire which are to be treated as nondeductible (5) (B ), as the case may be, is that por­ qualified indebtedness. under section 545(c) (4) and this section; tion which bears the same ratio to the Example (3 ). C owns all of the 1000 shares (iii) All information necessary to total reduction as the total reduction of outstanding capital stock of P Corpora­ identify the qualified indebtedness with available under either section 545(c)(5) tion. . On December 31, 1963, P Corporation, respect to which such amounts were paid (A ) or section 545(c)(5 )(B ), respec­ a Calendar year taxpayer, owes $200,000 of tively, bears to the total reduction avail­ outstanding indebtedness to D and $500,000 pr set aside; of outstanding indebtedness to E. These (iv) The date on which such payments able under both such sections. debts were incurred after 1933. On January or set-asides were made; and (3) Example. The provisions of this 15, 1964, P Corporation pays $100,000 in par­ (v) All information necessary to iden­ paragraph may be illustrated by the fol­ tial liquidation of the $500,000 Indebtedness. tify the indebtedness (referred to in lowing example: On March 15, 1964, P Corporation pays section 545 (c) (3) (A ) (ii) and paragraph Example. (1) Q Corporation, a calendar $50,000 into a sinking flu id w ith respect to year taxpayer, has qualified indebtedness of the $200,000 indebtedness owed to D. O n (d) (1) (ii) of this section) incurred for $400,000 on January 1, 1964, with respect to April 15, 1964, D purchases one-half of the the purpose of making the payments or which payments of $50,000 are made on April shares owned by C, constituting 50 percent set-asides which the taxpayer elects to 15, 1964, and 1965, and $300,000 on April 15, in value of P Corporation’s outstanding treat as nondeductible, including: 1966. In the years 1964 and 1966, Q Corpo­ stock. P Corporation, on June 15, 1964, pays (a) The date on which such indebted­ ration is allowed a deduction under section $50,000 into a sinking fund with respect to ness was incurred; 545 (b) (5 ) of $50,000 for the excess of its net the indebtedness owed to D. For purposes of (b ) The amount of such indebtedness; long-term capital gain over its net short­ the March 15, 1964, set-aside, the indebted­ term capital loss, minus the taxes attribut­ ness owed to D ($200,000) is qualified in­ (c) The person or persons to whom able to such excess. Q Corporation is al­ debtedness. However, the indebtedness owed such indebtedness is owed; and lowed a depreciation deduction of $50,000 for to D is not qualified indebtedness for pur­ (d ) A statement that such person or each of its taxable years 1964 through 1966. poses of' the June set-aside with respect to persons do not own more than 10 percent Q Corporation is a personal holding company such indebtedness since D is a person who in value of the taxpayer’s outstanding w ith taxable income o f $200,000 in each of after December 31, 1963, and before the June stock. the years 1964 and 1966. set-aside, owned more than 10 percent in (f) Limitation on deduction— (1) In value of P Corporation’s outstanding stock. (ii) For 1964, in computing undistributed Moreover, any subsequent set-asides made general. Section 545(c) (5) provides cer­ personal holding company income, Q Cor­ with respect to the indebtedness owed to D tain limitation on the deduction other­ poration’s taxable income is reduced by will not be made with respect to qualified in­ wise allowed by section 545(c) (1). Such $50,000 by reason of the deduction under sec­ debtedness even if the shares owned by D are deduction is reduced by the sum of the tion 545(b) (5 ). No part of the depreciation subsequently sold. Assuming no payments following amounts: deduction is disallowed under the rule of or set-asides are made by P Corporation after paragraph (h ) of § 1.545-2. Q Corporation’s (i) The amount, if any, by which— deduction fo r paym ent of qualified indebted­ June 15, 1964, the P Corporation is entitled (a) The deductions allowed for the to a deduction of $150,000 under section ness otherwise allow able under section 545 545(c)(1) for the calendar year 1964 for taxable year and all preceding taxable (c)(1 ) and this section is reduced to zero amounts paid and for amounts irrevocably years beginning after December 31,1963, by reason of the depreciation deduction and set aside to pay or retire qualified indebted­ for exhaustion, wear and tear, obsoles­ the capital gains deduction. The reduction ness, and the total qualified indebtedness at cence, amortization, or depletion (other by reason of section 545(c) (5) (A) and sub- the end of 1964 is $400,000. No additional than such deductions which are disal­ paragraph (1 ) (I ) of this paragraph (depre­ deduction is allowed in subsequent taxable lowed in computing undistributed per­ ciation) is $25,000 ^ X $50,000 ^ , and years for amounts paid out of the amounts sonal holding company income under the set aside in 1964. rule of paragraph (h) of § 1.545-2), ex­ the reduction by reason of section 545(c) (e) Election not to deduct^-(l) Inceed (5) (B) and subparagraph (l)(ii) ot this general. Section 545(c) (4) provides that (b) Any reduction, by reason of sec­ >aragraph (capital gain) is tion 5 4 5 (c)(5)(A ) and this subdivision ^ $50,000 a taxpayer may elect to treat as nonde- $25,000 X $50,000 diictible amounts otherwise deductible (i) , of the deductions otherwise allowed x$100,000 J jP P B under section 545(c)(1) for the taxable by section 545(c) (1) for such preceding (iii) For 1966, Q Corporation is allowed a year. The election shall be in the form years; and eduction for payment of qualified indebted- of a statement of election fited on or (ii) The amount, if any, by which— a» rtf * 1 (U) HAD emrmiifpd AS follOWSJ before the 15th day of the third month $300,000 following the close of the taxable year Amount paid in 1966 to retire qualified indebtedness. with respect to which the election applies. Less the sum o f : (a) Depreciation deductions allowed for 1964 through The election shall be irrevocable after 1966 (3 X $50,000) ______:______$150,000 such date. Reduction of deductions In preceding taxable years (2) Statement of election. The state­ (1 9 6 4 )______1______25,000 ment of election referred to in subpara­ $125,000 graph (1) of this paragraph shall be (b) Deduction allowed under section 545(b) (5) (relating attached to the taxpayer's Schedule PH » to long-term capital gains) fo r 1964 through 1966— 100,000 Reduction of deductions in preceding taxable years (Form 1120) for the year with respect (1964) ______,______25,000 to which such election applies, if such 75,000 _ schedule is filed on or before the date re­ _ 200,000 ferred to in subparagraph (1) of this 100,000 paragraph, but if an extension of time is Deduction after reduction. Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11871

(iv) If in the year 1906, Q Corporation's by reason of section 545(b) (8), then Q Cor­ depreciation deduction h ad been lim ited for taxable year of the distributing corpora­ poration’s deduction for payment of quali­ tion beginning after December 31, 1963. purposes of com puting undistributed per­ fied indebtedness would be $125,000, com­ sonal holding com pany income to $25,000 puted as follows: Also see section 563 for special rules with respect to dividends paid after the clQse Amounts paid in 1966 to retire» qualified indebtedness______$30q QOO of the taxable year. Less the sum o f ! (b) Distributions in liquidation— (1) (a) Depreciation deductions allowed for 1964 through General rule— (i) In general. In the 1966------$125,000 case of amounts distributed in liquida­ Reduction Of deductions in preceding taxable year tion by any corporation during a tax­ (1964) — ;— ------25,000 able year of such corporation beginning ) .'5 :i>: ■ . • ... . > * ------}------$100,000 before January 1, 1964, or by a cor­ (b) Deduction allowed under section 545(b) (5) (relating poration other than a personal holding to long-term capital g ain s) fo r 1964 through 1966__ 100,000 company (as defined in section 542) or a Reduction of deductions in preceding taxable years (1964) — ______25,000 foreign personal holding company (as defined in section 552) during a taxable ------75,000 ------175,000 •year of such a corporation beginning after December 31, 1963, section 562(b) Deduction after reduction. 125,000 makes an exception to the general rule that a deduction for dividends paid is (g) Burden of proof. The burden of made, be treated as a dividend for purposes permitted only with respect to dividends proof rests upon the taxpayer to sustain of computing the dividends paid deduction. described in section 316. In order to the deduction claimed under this section. (2) In the case of a complete liquidation qualify under that exception, the dis­ In addition to any information required of a personal holding company, occurring tribution must be one either in com­ within 24 months after the adoption of a plete or partial liquidation of a corpora­ by this section, the taxpayer must fur­ plan of liquidation, the amount of any dis­ nish the information required by the re­ tribution within such period pursuant to tion pursuant to sections 331, 332, or 333. turn, and such other information as the such plan shall be treated as a dividend for See subparagraph (2) of this paragraph district director may require in substan­ purposes of computing the dividends paid for rules relating to the treatment of tiation of the deduction claimed. deduction, to the extent that such amount distributions in complete liquidation (h) Application of section 381 (c) (15). Is distributed to corporate distributees and made by a corporation which is a per­ Under section 381(c) (15), if an acquir­ represents such corporate distributees’ al­ sonal holding company to corporate locable share of the undistributed personal ing corporation assumes liability for shareholders during a taxable year of holding company income for the taxable year such distributing corporation beginning qualified indebtedness in a transaction of such distribution computed without re­ to which section 381(a) applies, then the gard to this paragraph and without regard to after December 31,. 1963. As provided acquiring corporation is considered to be subparagraph (B) of section 316(b)(2). by section 346(a); for .the purpose of the distributor or transferor corporation {Sec. 562 as amended by sec. 225(f) (3), Rev. section 562(b), a partial liquidation in­ for purposes of section 545(c) . Para­ Act 1964 (78 Stat. 88) ] cludes a redemption of stock to which section 302 applies. Amounts distrib­ graph (c) (2) of this section reflects the P ar. 16. Section 1.562-1 is amended to application of section 381(c) (15) by in­ read as follows: uted in liquidation in a transaction cluding an acquiring corporation within which is preceded, or followed, by a the definition of corporation to which § 1.562—1 Dividends for which the div­ transfer to another corporation of all or this section applies.. Thus, the acquiring idends paid deduction is allowable. part of the assets of the liquidating cor­ corporation is not required to meet the (a) General rule. Except as otherwise poration, may not be eligible for the requirements of paragraph (c )(1 ) or provided in section 562 (b ) and (d ), the dividends paid deduction. paragraph (d )(1 ) of this section with term “dividend”, for purposes of deter­ (il) Amount of dividends paid deduc­ respect to such acquired qualified indebt­ mining dividends eligible for the divi­ tion allowable— (.a) General rule. In edness to which section 381 (0 (1 5 ) is dends paid deduction, refers only to a the case of distributions in liquidation applicable^ All the other; provisions of dividend described in section 316 (relat­ with respect to which a deduction for this section apply in full to the acquiring ing to definition of dividends for pur­ dividends paid is permissible under sub­ corporation with respect to such acquired poses of corporate distributions). No division (i) of this subparagraph, the indebtedness. - /... : ~ distribution, however, which is preferen­ amount of the deduction is equal to the Par. 15. Section 1.562 is amended by tial within the meaning of section 562(c) part of such distribution which is prop­ revising subsection (b) of section 562 and § 1.562-2 shall be eligible for the div­ erly chargeable to the earnings and and by adding _,a historical note. These idends paid deduction. Moreover, when profits accumulated after February 28, amended and added provisions read as computing the dividends paid deduction 1913; To determine the amount prop­ follows: with respect to a United States person erly chargeable to the earnings and (as defined in section 957(d) , no distri­ profits accumulated after February 28, § 1.562 Statutory provisions ; rules ap­ bution which is excluded from the gross 1913, there must be deducted from the plicable in determining dividends eli­ income of a foreign corporation under amount of the distribution that part al­ gible for dividends paid deduction. section 959(b) with respect to such per­ locable to capital account- The capital Sec. 562. Rules applicable in determining son .or from the gross income of such per­ account, for the purposes of this subdi­ dividends eligible for dividends paid deduc­ son under section 959(a) shall be eligible vision, includes not only amounts repre­ tion. * * * • - .• for such deduction. Further, for pur­ senting the par or stated value of the (b) Distributions in liquidation. ( 1) E x­ poses of the dividends paid deduction, stock with respect to Which the liquida­ cept In the case of a personal holding com­ .the term “dividend” does not include a tion distribution is made, but also that pany described .in section 542 or a foreign stock’s proper share of the paid-in sur­ personal holding com pany described in sec­ distribution in liquidation unless the dis­ tion 552— tribution is either treated as a dividend plus, and such other corporate items, if (A) In the ca&e of amounts distributed in under section 316(b) (2) and paragraph any, which, for purposes of income taxa­ jn ^tion , the part of such distribution (b) of § 1.316-1, or qualifies under sec? tion, are treated like capital in that they *5® 18 properly chargeable to earnings and tion 562(b) and paragraph (b) of this are not taxable dividends when dis­ sv, n t accumulated after February 28, 1913, section. If a dividend is paid in property tributed but are applied against and an be treated as a dividend for purposes (other than money) the amount of the reduce the basis of the stock. The re­ _ ~ 8°nrputing the dividends paid deduction, dividends paid deduction with respect to mainder of the distribution in liquida­ such property shall be the adjusted basis tion is, ordinarily, properly chargeable to ,*n case a complete liquidation the earnings and profits accumulated tin»*1# ’ within 24 months after the adop­ of the property in the hands of the dis­ after February 28, 1913. Thus, if there tion " , 8 Pish of liquidation, any distribu- tributing corporation at the time of the is a deficit in earnings and profits on the nion such period pursuant to such distribution. See paragraph (b) (2) of and the extent of the earnings first day of a taxable year, and the earn­ canitf/, (computed without regard to this section for special rules with respect ings and profits for such taxable year do ta.Ts.xi losses) of the corporation for the to liquidating distributions by personal not exceed such deficit, no dividends e year in which such distribution is holding companies occurring during a paid deduction would be allowed for such No. 179------7 11872 PROPOSED RULE MAKING taxable year with respect to a distribu­ ary 1, 1955, the M Corporation has a deficit (b) If more than one liquidating dis­ tion in liquidation; if the earnings and in earnings and profits of $100,000. During tribution was made during the year, and the period January 1, 1955, to the date of if, after the record date of the first dis­ profits for such taxable year exceed the liquidation, November 1, 1955, it has earn­ deficit in earnings and profits which ex­ tribution but before the record date of ings and profits of $10,000. The M Corpora­ the last distribution, there was a isted on the first day of such taxable tion is entitled to a dividends paid deduction trans­ year, then a dividends paid deduction in the amount of $10,000 as a result of its fer of stock between a corporate share­ would be allowed to the extent of such distribution in complete liquidation on holder and a noncorporate shareholder, then the corporate distributees’ excess. Novem ber 1, 1955. alloca­ (b) Special rule. Section 562(b)(1) Example (3). The N Corporation, a calen­ ble share of undistributed personal hold­ dar year taxpayer, is completely liquidated ing company income for the taxable year (B ) provides that in the case of a com­ on July 1,1958, pursuant to a plan of liquida­ plete liquidation occurring within 24 of the distributions (computed without tion adopted, February T, 1955. No distri­ regard to sections 316(b) (2) (B) and months after the adoption of a plan of butions in liquidation were made pursuant liquidation the amount of the deduction to the plan of liquidation adopted February 1, 5 6 2 (b)(2)) shall be determined as is equal to the earnings and profits for 1955, until the distribution in complete follows: each taxable year in which distribu­ liquidation on July 1, 1958. On January 1, (1) First, allocate the corporation’s tions are made. Thus, if there is a dis­ 1958, N Corporation had a deficit in earnings undistributed personal holding company and profits of $30,000. During the period income for the taxable year among the tribution in liquidation pursuant to sec­ January 1, 1958, to the date of liquidation, tion 333, or a distribution in complete distributions made dining such year by July 1, 1958, the N Corporation has earnings reference to the ratio which the liquidation pursuant to section 331(a) and profits of $5,000. The N Corporation is aggre­ (1) or 332 which occurs within a 24- not entitled to any deduction for dividends gate amount of each distribution bears month period after the adoption of a paid as a result of the distribution in com­ to the total amount of all distributions plan of liquidation, a dividends paid plete liquidation on July 1, 1958. If the during such year; deduction will be allowable to the ex­ earnings and profits for the period January 1; (2) Second, determine the corporate 1958, to July 1, 1958, had been $32,000, the N distributees’ allocable share of the cor­ tent of the current earnings and profits Corporation would have been entitled to a for the taxable year or years even poration’s undistributed personal hold­ deduction for dividends paid in the amount ing company income for each distribu­ though there was a deficit in earnings of $2,000. and profits on the first day of such tax­ tion by multiplying the amount deter­ (2) Special rule— (i) Distributions to able year or years. In computing the mined under (.1) of this subdivision (b) corporate shareholders. In the case of earnings and profits for the taxable year for each distribution by the ratio which amounts distributed in complete liquida­ in which the distributions are made, the aggregate value of the stock held by tion of a personal holding company (as computation shall be made with the in­ all corporate shareholders immediately defined in section 542) within 24 months clusion of capital gains and without any before the record date of such distribu­ after the adoption of a plan of liquida­ deduction for capital losses. tion bears to the total value of all stock tion, section 562(b)(2) makes a further (c) Examples. The application of this outstanding on such date; and exception to the general rule that a de­ subparagraph may be illustrated by the (3) Last, determine the sum of the duction for dividends paid is permitted following examples: corporate distributees’ allocable share of only with respect to dividends described the corporation’s undistributed personal Example ( 1). The Y Corporation, which in section 316. The exception referred holding company income for each makes its income tax returns on the calendar year basis, was organized on January 1, 1910, to in the preceding sentence applies only distribution. with an authorized and outstanding capital to distributions made in any taxable year (iii) Example. The application of stock of 2,000 shares of common stock of a of the distributing corporation begin­ this subparagraph may be illustrated by par value of $100 each and 1,000 shares of ning after December 31, 1963; Under the following example: participating preferred stock of a par value the exception, the amount of any dis­ Example. O Corporation, a calendar- year of $100 each. The preferred stock was to re­ tribution within the 24-month period ceive annual dividends of $7 per share and taxpayer is completely liquidated on De­ pursuant to the plan shall be treated as cember 31, 1964, pursuant to a plan of $100 per share on complete liquidation of a dividend for purposes of computing the the corporation in priority to any payments liqu idation adopted July 1, 1964. No distri­ oh common stock, and was to participate dividends paid deduction, but: butions in liquidation were made pursuant equally with the common stock in either in­ (a) Only to the extent that such to the plan of liquidation adopted July 1, stance after the common stock had received amount is distributed to corporate dis­ 1964, until the distribution in complete a similar amount. ¡However, the preferred tributees, and liquidation on Decem ber 31, 1964. G Corpo­ ration has undistributed personal holding stock was redeemable in whole or in part (b) Only to the extent that such at the option of the board of directors at com pany income of $300,000 for the year 1964 amount represents such corporate dis­ (com puted w ithou t regard to section 316(b) any time at $106 per share plus its propor­ tributees’ allocable share of undistrib­ tion of the earnings of the company at the (2) (B) and section 562(b) (2) ), On Decem­ time of such redemption. In 1910 the pre­ uted personal holding company income ber 31, 1964, immediately before the record ferred stock was issued at $106 per share, for for the taxable year of such distri­ date of the distribution in complete liquida­ a total o f $106,000 and the com m on stock was bution (computed without regard to sec­ tion, P Corporation owns 100 shares of O issued, at $100 per share, for a total of tion 316(b) (2) (B ) and section 562(b) Corporation’s outstanding stock and individ­ u al A owns the rem aining 200 shares. All $200,000. O n J u ly 15, 1954, the com pany (2 )). had a paid-in surplus of $6,000, consisting shares are equal in value. The amount of the premium received on the preferred Amounts distributed in liquidation in a which represents P Corporation’s allocable stock; earnings and profits of $30,000 ac­ transaction which is preceded, or fol­ share of undistributed personal holding com­ cumulated prior to March 1, 1913; and earn­ lowed, by a transfer to another corpo­ pany income is l00 shares ings and profits accumulated since February ration of all or part of the assets of the X $300,000 and for 28, 1913, of $75,000. O n July 15, 1954, the liquidating corporation, may not be eligi­ r^300 shares' f .. option with respect to the preferred stock ble for the dividends paid deduction. purposes of computing the dividends pa deduction, such am ount is treated as a d vi- was exercised and the entire amount of such (ii) Corporate distributees’ allocable stock was redeemed at $141 per share or a dend under section 562(b) (2) provided tnai total of $141,000 in a transaction upon Which share. For purposes of subdivision (i) the liquidating distribution to P Corporation gain or loss to the distributees resulting from (b) of this subparagraph—* equals or exceeds $100,000. P Corporat the exchange was determined and recognized (a) Except as provided in (b) of this does not treat the $100,000 distributed to under section 302(a). The amount of the subdivision, the corporate distributees’ is a dividend to which section 301 applies. distribution allocable to capital account was allocable share of undistributed personal For an example of the treatment of the $116,000 ($100,000 attribu table to par value, holding company income for the taxable $6,000 attributable to paid-in surplus, and paragraph (d ) of § 1.316-1. $10,000 attributable to earnings and profits year of the distribution (computed with­ accumulated prior to March 1, 1913). The out regard to sections 316(b) (2) (B ) and (iv) Distributions to noncorporate rem ainder, $25,000 ($141,000, the am ount of 562(b) (2 )) shall be determined by mul­ shareholders. For the rules for deter­ the distribution, less $116,000, the amount tiplying such undistributed personal mining the extent to which distributions allocable to capital account) is properly holding company income by the ratio in complete liquidation made to n0^c^ chargeable to the earnings and profits ac­ which the aggregate value of the stock porate shareholders by a personal ho cumulated since February 28, 1913, and is held by all corporate shareholders imme­ ing company are dividends w ith in deductible as dividends paid. diately before the record date of the Example (2). The M Corporation, a calen­ meaning of section 562(a), see section last liquidating distribution in such year dar year taxpayer, is completely liquidated 316(b) (2) (B ) and paragraph (b) (J> on November 1, 1955, pursuant to a plan of bears to the total value of all stock out­ liquidation adopted April 1, 1955. On Janu­ standing on such date. § 1.316-1. Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11873

(c) Special definition of dividend for Par. 18. Section 1.6043-2 is amended Appendix A is the form of the nuclear nonliquidating distributions by personal by revising paragraph (b) to read as fol­ energy liability insurance policy issued bolding companies. Section 316(b)(2) lows: by the two associations and approved by (A) provides that in the case of a cor­ § 1.6043—2 Return o f information re ­ the Commission as financial protection poration which, under the law applicable specting distributions in liquidation. under this part. The endorsement pro­ to the taxable year in which or in respect posed to be amended is the “Restoration of which a distribution is made, is a (b ) If the distribution is in complete of Limit of Liability Endorsement” which personal holding company, the term liquidation of a domestic corporation is used by the insurers in reinstating the "dividend” (in addition to the general pursuant to a plan of liquidation in ac­ limit of liability coverage following pay­ meaning set forth in section 316(a)) cordance with which all the capital stock ments by the insurers of an incurred loss. also means a nonliquidating distribution of the corporation is cancelled or re­ The endorsement previously approved to its shareholders to the extent of the deemed, and the transfer of all prop­ provides that restoration of limit is pro­ corporation’s undistributed personal erty under the liquidation occurs within spective only, i.e., it applies to obliga­ holding company income (determined some one calendar month pursuant to tions assumed or expenses incurred be­ under section 545 without regard to such section 333, and any shareholder claims cause of bodily injury or property dam­ distributions) for the taxable year in the benefit of such section, the return on age caused after the effective date of the which or in respect of which the distri­ Form 1096 shall show: endorsement by thé nuclear energy bution is made. See paragraph (b) (1) (1) The amount of earnings and hazard. The reduced limit (original of § 1.316-1. ; ' profits of the corporation accumulated policy limit less payments made by the Par. 17. Section 1.6043-1 is am ended after February 28,1913, determined as of insurers under the policy) applies to all by revising subparagraph (2) of para­ the close of such calendar month, without bodily injury or property damage caused graph (b) to read as follows: diminution by reason of distributions prior to such date, whether or not claims made during such calendar month, but for such injury or damage have been re­ § 1.6043—1 Return regarding corporate including in such computation all items dissolution or liquidation. ported. The proposed alternative para­ of income and expense accrued up to the graph set forth in the following amend­ * date on which the transfer of all the * # * * ment would be used when the reduction property under the liquidation is com­ (b) Contents of return. * * * in the limit of liability results from a pleted; (2) Liquidation within one calendar clearly Identifiable nuclear event and (2) The ratable share of such earn­ month. If the corporation is a domestic restoration of the limit would be made ings and profits of each share of stock corporation, and the plan of liquidation retroactive to the effective date of the canceled or redeemed in the liquidation; \ provides for a distribution in complete policy for claims other than thosè result­ (3) The date and circumstances of the cancellation or redemption of all the cap­ ing from the identified event. acquistion by the corporation of any ital stock of the corporation, and for the Pursuant to the Atomic Energy Act of transfer of all the property of the corpo­ stock or securities distributed to share­ holders in the liquidation; 1954, as amended, and the Administra­ ration under the liquidation entirely tive Procedure Act of 1946, notice is (4) If the liquidation is pursuant to within some one calendar month pursu­ hereby given that the Commission is con­ section 333(g), a schedule showing the ant to section 333, and any shareholder sidering adoption of the following amount of earnings and profits to which claims the benefit of such section, such amendment to 10 CFR Part 140. All in­ the corporation has succeeded after return shall, in addition to the informa­ terested persons who desire to submit December 31, 1963, pursuant to any cor­ tion required by subparagraph (1) of written comments and suggestions for porate reorganization or pursuant to a this paragraph, contain the following: consideration in connection with the liquidation to which section 332 applies, (i) A statement showing the number proposed amendment should send them of shares of each class of stock outstand­ except earnings and profits Which on December 31, 1963, constituted earnings to the Secretary, U.S. Atomic Energy ing at the time of the adoption of the Commission, Washington, D.C., 20545, plan of liquidation, together with a and profits of a corpoartion referred to in section 333(g)(3), and except earn­ Within 30 days after publication of this description of the voting power of each notice in the F e d e r a l R e g is t e r . Com­ ings and profits which were earned after such class; : ments received after that period will be (ii) A list of all the shareholders own­ such date by a corporation referred to in section 333(g) (3 ); and considered if it is practicable to do so, ing stock at the time of the adoption of but assurance of consideration cannot (5) If the liquidation occurs after the plan of liquidation, together with the be given except as to comments filed December 31, 1966, and is pursuant to number of shares of each class of stock within the period specified. section 333(g) (2) , the amount of earn­ owned by each shareholder, the certifi­ Section 140.75, appendix “A ”, is cate numbers thereof, and the total num­ ings and profits of the corporation ac­ cumulated after February 28, 1913, and amended by adding an explanatory note ber of votes to which entitled on the and alternative paragraph 2 to follow adoption of the plan of liquidation; before January 1, 1967, and the ratable share of such earnings and profits of existing paragraph 2 of the Nuclear (iii) A list of all corporate sharehold- Energy Liability Policy (Facility Form), ers as of January 1, 1954, together with each share of stock canceled or redeemed in the liquidation. Restoration of Limit of Liability En­ the number of shares of each class of dorsement, to read as follows: stock owned by each such shareholder, fF.R. Doc. 65-9836; Filed, Sept. 15, 1965; the certificate numbers thereof, the total 8:48 a.m .] N o t e : Wlien the reduction of the limit of liability results from a clearly identifiable n^mker of votes to which entitled on the nuclear event of restoration is offered retro­ adoption of the plan of liquidation, and active to the effective date o f the policy for a statement of all changes in ownership ATOMIC ENERGY COMMISSION claims other than those resulting from said of stock by corporate shareholders be­ event, above paragraph 2 will be replaced tween January 1, 1954, and the date of [ 10 CFR Part 140 1 by the following : the adoption of the plan of liquidation, FINANCIAL PROTECTION REQUIRE­ 2. Such reduced limit is restored.to the Doth dates inclusive; and MENTS AND INDEMNITY AGREE­ amount stated in Item 4 of the declarations, (iv) If the liquidation is pursuant to except with respect to bodily injury or prop­ section 333(g), a computation indicating MENTS erty damage resulting from (describe nuclear e v e n t). that the corporation was not a personal Restoration of Limit of Liability holding company for at least one of its (Section 161, 68 Stat. 948; 42 TJ.S.CL 2201; Endorsement sec. 170, 71 Stat. 576; 42 U.S.C. 2210) two most recent taxable years ending be­ , The Nuclear Energy Liability Insur­ Dated at Germantown, Md., this 3d fore February 26,1964, but that it would ance Association and the Mutual Atomic day of September 1965. have been a personal holding company Energy Liability Underwriters have pro­ For the Atomic Energy Commission. under section 542 if the law applicable posed an amendment to an endorsement W" the first taxable year beginning after to the form of the nuclear energy liability W . B. M cC o o l , pecember 31, 1963, had been applicable insurance policy set forth in appendix Secretary. to such year. A, 10 CFR Part 140 (25 F.R. 2948, 26 F H. [F.R. Doc. 65-9791; Filed, Sept. 15, 1965; * * 6641, 28 F.R. 7077, 29 F.R. 7710, 9529). 8:45 a.m .] 11874 PROPOSED RULE MAKING

2. Redesignate the Marquette, Mich. would automatically coincide with the FEDERAL AVIATION AGENCY (K. I. Sawyer AFB) control zone as that floors of the transition areas. airspace within a 5-mile radius of K. I. Certain minor revisions to the pre­ [ 14 CFR Par! 71 1 Sawyer AFB (latitude 46°21'15" N., scribed instrument approach procedures [Airspace Docket No. 65-CE-109] longitude 87°23'40" W . ) ; within 2 miles would be effected in conjunction with the each side of the K. I. Sawyer AFB ILS actions proposed herein, but operational TRANSITION AREA, CONTROL ZONES,- localizer S course extending from the 5- complexity would not be increased nor AND CONTROL AREA EXTENSION mile radius zone to the LOM ; within 2 would aircraft performance or present Proposed Designation, Alteration, miles each side of the K. I. Sawyer AFB landing minimums be adversely affected. TACAN 183° radial extending from the Specific details of the changes to pro­ and Revocation 5-mile radius zone to 8 miles S of the cedures that would be required may be The Federal Aviation Agency is con­ TACAN; and within 2 miles each side .of examined by contacting the Chief, Air­ sidering amendments to Part 71 of the the K. I. Sawyer TACAN 015° radial ex­ space Branch, Air Traffic Division, Cen­ Federal Aviation Regulations which tending from the 5-mile radius zone to 8 tral Region, Federal Aviation Agency, would alter controlled airspace in the miles N of the TACAN. 4825 Troost Avenue, Kansas City, Mo., Marquette, Mich., terminal area. 3. Designate the Marquette, Mich., 64110. The following controlled airspace is transition area as that airspace extend­ Interested persons may submit such presently designated in the Marquette, ing upward from 700 feet above the sur­ written data, views or arguments as they Mich., terminal area: face within a 7-mile radius of Marquette may desire. Communications should be 1. The Marquette, Mich., Control area County Airport (latitude 46°32'03" N., submitted in triplicate to the Director, extension is designated as that airspace longitude 87°33'35" W . ) ; within 8 miles Central Region, Attention: Chief, Air within a 40-mile radius of K .T. Sawyer S and 5 miles N of the Marquette VOR Traffic Division, Federal Aviation AFB, Marquette, Mich, (latitude 46°20'- 250° radial extending from the VOR to Agency, 4825 Troost Avenue, Kansas 54" N., longitude 87°24'05" W .), ex­ 12 miles W of the VOR; within an 8-mile City, Mo., 64110. All communications re­ cluding the airspace within the 40-mile radius of K. I. Sawyer AFB (latitude ceived within 45 days after publication radius bounded on the W by longitude 46°21'15" N., longitude 87°23'40" W . ) ; of this notice in the F e d e r a l R egister 87°20'30" W., and On the N by latitude within 2 miles each side of the K. I. will be considered before action is taken 46°03'00" N. The portion of this con­ Sawyer AFB ILS localizer course extend­ on the proposed amendment. No public trol area extension within R-4208 shall ing from the 8-mile radius area to 12 hearing is contemplated at this time, but be used only after obtaining prior ap­ miles S of the LOM ; within 2 miles each arrangements for informal conferences proval from appropriate authority, side of the K. I. Sawyer AFB TACAN with Federal Aviation Agency officials 2. The Marquette, Mich. (Marquette 183° radial, extending from the 8-mile may be made by contacting the Regional County Airport), control zone is desig­ radius area to 12 miles S of the T A C A N ; Air Traffic Division Chief. Any data, nated as that airspace within a 5-mile and within 2 miles E and 5 miles W of view§, or arguments presented during radius of the Marquette County Airport the K. I. Sawyer AFB TACAN 015° such conferences must also be submitted (latitude 46°32'03" N., longitude 87°- radial, extending from the 8-mile radius in writing in accordance with this notice 33'35" W .) ; within 2 miles either side of area to 12 miles N of the TACAN; and in order to become part of the record the Marquette VOR 083° radial, extend­ that airspace extending upward from for consideration. The proposal con­ ing from the 5-mile radius zone to 9 miles 1,200 feet above the surface within a 40- tained in this notice may be changed in E of the VOR; and within 2 miles either mile radius of K. I. Sawyer AFB, exclud­ the light of comments received. side of the Marquette VOR 249° radial; ing the portion which overlies the The public docket will be available for extending from the 5-mile radius zone Escanaba, Mich., transition area. examination by interested persons in the to 12 miles SW of the VOR. The portion 4. Revoke the Marquette, Mich., con­ office of the Regional Counsel, Federal of this control zone within R-4208 shall trol area extension. Aviation Agency, 4825 Troost Avenue, be used only after obtaining prior ap­ The proposed control zones would pro­ Kansas City, Mo., 64110. proval from appropriate authority. vide controlled airspace protection for This amendment is proposed under the 2. The Marquette, Mich. (K. I. Sawyeraircraft executing prescribed instrument authority of sec. 307(a) of the Federal AFB) control zone is designated as that approach procedures at Marquette Aviation Act of 1958 (49 U.S.C. 1348). airspace within a 5-mile radius of K, I. County Airport and K. I. Sawyer AFB Issued at Kansas City, Mo., on August Sawyer AFB (latitude 46°21'15" N., during descent below 1,000 feet above the 31, 1965. longitude 87°23,40" W .) ; within 2 miles surface and for departing aircraft at the E d w a r d C. M a r sh , either side of the K. I. Sawyer VOR 009° two locations during climb to 700 feet Director, Central Region. above the surface. radial extending from the Simile radius [F.R. Doc. 65-9800; Filed, Sept. 15, 1965; The proposed 700-foot floor transition zone to 8 miles N of the VOR, and within 8:45 a.m.] 2 miles either side of the K. I. Sawyer area would provide controlled airspace VOR 189° radial extending from the 5- for arriving aircraft at Marquette Coun­ mile radius zone to 15 miles S of the ty Airport and K. I. Sawyer AFB during E 14 CFR Part 71 1 descent from 1,500 to 1,000 feet above the VOR. The portion of this control zone [Airspace Docket No. 65-SO-60] within R-4208 shall be used only after surface and for departing aircraft at obtaining prior approval from appropri­ the two locations during climb to 1,200 CONTROL ZONE ate authority. feet above the surface. The Federal Aviation Agency, having The 1,200-foot floor transition area Proposed Designation completed a comprehensive review of the would provide controlled airspace for the The Federal Aviation Agency is con­ terminal airspace structural require­ portions of the prescribed instrument sidering an amendment to Part 71 of the ments in the Marquette, Mich., terminal approach procedures for Marquette Federal Aviation Regulations that would area, including studies attendant to the County Airport and K. I. Sawyer AFB designate a control zone at Albert-Whit- implementation of the provisions of the which are conducted at and above 1,500 ted Airport, St. Petersburg, Fla. Civil Air Regulations Amendments 60- feet above the surface. It would also A control tower is scheduled to be com­ 21/61-29, proposes the following airspace provide controlled airspace for the vari­ missioned on January 20, 1966, to pro­ actions: ous holding patterns for the two loca­ vide traffic control service for aircraii/ 1. Redesignate the Marquette, Mich.tions. In addition, it would provide for operating at Albert-Whitted A irpor . (Marquette County Airport) control zone the required flexibility in radar vectoring Since the airspace below 700 feet above as that airspace within a 5-mile radius of aircraft arriving and departing the the surface is presently uncontrolled, tn of Marquette County Airport (latitude area. establishment of a control zone a t A lb e ri- 46°32'03" N., longitude 87°33'35" W .) ; The transition area proposed herein Whitted Airport is required for the saiecy within 2 miles each side of the Marquette would replace the present control area of aircraft operating under the Jinis- VOR 084° and 250° radials, extending extension. diction of the control tower. It is iAA from the 5-mile radius zone to 8 miles The floors of the airways that traverse policy to include airports served by E and W of the VOR. the transition area proposed herein FAA control tower within control zones. Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11875

The proposed control zone would be by V-267, on the NE by V-295; exclud­ Aviation Agency, Room 724/ 3400 designated within a 3-mile radius of the ing the airspace within a 25-mile radius Whipple Street, East Point, Ga. Albert-Whitted Airport (latitude 27*45*- of Patrick AFB, Cocoa, Fla. (latitude This amendment is proposed under 51" N„ longitude 82*37'46" W .), effec­ 28*14'15" N., longitude 80*36*35" W .) section 307(a) of the Federal Aviation tive from 0600 to 2200 hours, local time, and the airspace outside of the conti­ Act of 1958 (49 U.S.C. 1348(a)), nental limits of the United States. daily. Issued in East Point, Ga., on Septem­ Interested persons may submit such The proposed Vero Beach, Fla., tran­ ber 8, 1965.' written data, views or arguments as they sition area would be designated as that J a m e s G . R o g e r s , may desire. Communications should be airspace extending upward from 700 feet Director, Southern Region.* submitted in duplicate to the Director, above the surface within a 6-mile radius Southern Region, Attention: Chief, Air of the Vero Beach, Fla., Municipal Air­ [F.R. Doc. 65-9840; FUed, Sept. 15, 1965; Traffic Division, Federal Aviation port latitude 27*39*15" N., longitude 80°- 8:48 a.m .] Agency, Post Office Box 20636, Atlanta, 24*55" W .) and within 2 miles each side Ga., 30320. All communications re­ of the Vero Beach VORTAC 291® radial ceived within 30 days after publication extending from the 6-mile radius area to of this notice in the F e d e r a l R e g is t e r 8 miles W of the VORTAC; within a 5- FEDERAL COMMUNICATIONS will be considered before action is taken mile radius of the St. Lucie County Air­ on the proposed amendment. No hear­ port, Fort Pierce, Fla. (latitude 27*29*- COMMISSION ing is contemplated at this time, but ar­ 38" N., longitude 80*22*02" W . ) ; within [4 7 CFR Part 73 1 rangements for informal conferences 2 miles each side of the Vero Beach with Federal Aviation Agency, officials VORTAC 151® radial extending from the [Docket No. 16184; FCO 65-780] may be made by contacting the Chief, 5-mile radius area to the Vero Beach FM BROADCAST STATIONS Air Traffic Division, Any data, views or VORTAC; that airspace extending up­ arguments presented during such con­ ward from 1,200 feet above the surface Proposed Table of Assignments ferences must also be submitted in writ­ within a 20-mile radius of the Vero Memorandum opinion and order and ing in accordance with this notice in or­ Beach VORTAC, including the area S W notice of proposed rule makings^ in der to become part of the record for con­ of Vero Beach bounded on the E by V-51, the matter of amendment of § 73.- sideration. The proposal contained in on the S W by V-492N, on the N W by 202, Table of assignments, F M broadcast this notice may be changed in the light V-225, and including the airspace W of stations (Lebanon,, Ind., Winchester, of comments received. Vero Beach bounded on the SE by V-225, Ind., Sheldon, Iowa, Stanford, Ky., Bed­ The official docket will be available on the W by V-267, on the NE by V-295; ford, Pa,, River Falls, Wis., Paris, Term., for examination by interested persons at excluding the airspace within a 25-mile St. Peter and/Montevideo, Minn., Con-, the Southern Regional Office, Federal radius of Patrick AFB, Cocoa, Fla. (lati­ Aviation Agency, Room 724,3400 Whipple tude 28d14'15" N., longitude 80°36'35"' roe, Lufkin, Bay City and Rosenberg, Street, East Point, Ga. W .) and the airspace outside of the Tex.,: Hammond and Baton Rouge, La., Fort Myers, Fla., Plantation Key and This amendment is proposed under continental limits of the United States. sec. 307(a) of the Federal Aviation Act The floors of the airways which tra­ Key West, F la .); Docket No. 16184, R M - of 1958 (49 U.S.C. 1348(a)). verse the transition area proposed herein 809, RM-793, RM-792, RM-782, Rl^- would automatically coincide with the 784, RM-781, RM-813, RM-778, RM--779, Issued in East Point, Ga., on Septem­ RM-797, RM-799, RM-804, RM-812. ber 8,1965. floor of the transition area. The proposed transition area alter - 1, Notice is hereby given of proposed J a m e s G . R o g e r s , rule making in the above-entitled mat­ Director, Southern Region. ation is needed for the protection of IFR operations at the St. Lucie County Air­ ters, concerning amendments of the FM [P.R. Doc. 65-9839; FUed, Sept. 15, 1965; port, Fort Pierce, Fla. A prescribed in­ Table of Assignments contained in § 73.- 8:48 a m .] strument approach procedure is proposed 202 of the Commission’s rules. All pro* posed new assignments are alleged and to become effective concurrently with the [ 14 CFR Part 71 1 alteration of this transition area. appear to meet the separation require­ ments of the rules. All proposed as­ [Airspace Docket No. 65-SO-65] Interested persons may submit such written data, views, or arguments as signments which are within 250 miles TRANSITION AREA they may desire.. Communications of the United States-Canadian border require coordination with the Canadian Proposed Alteration should be submitted in duplicate to the Director, Southern Region, Attention: Government under the terms of the The Federal Aviation Agency is con­ Chief, Air Traffic Division, Federal Avi­ Canadian-United States FM Agreement sidering an amendment to Part 71 of ation Agency, Post Office Box 20636, of 1947 and the Working. Arrangement the Federal Aviation Regulations which Atlanta, Ga., 30320. All communica­ of 1863. Except as noted, all channels would alter the transition area at Vero tions received within 30 days after pub­ proposed for shift or deletion are un­ occupied and not applied for and all Beach, Fla. . lication of this notice in the F e d e r a l population figures are from the i960 The Vero Beach, Fla., transition area R e g is t e r will be considered before action is presently designated as that airspace is taken on the proposed amendment. U.S. census. extending upward from 700 feet above No hearing is contemplated at this time, 2. RM-809, Lebanon, Ind. (Charles R. me surface within a 6-mile radius of the but arrangements for informal confer­ B an ks); RM-793, Winchester, Ind. (Ed­ Vero Beach, Fla., Municipal Airport ences with Federal Aviation Agency ward William Roehling); RM-792, Shel­ (latitude 27*39*15" N„ longitude 80®- officials may be made by contacting the don, Iowa (Sheldon Broadcasting Co.) ; 24'55" W .) and within 2 miles each Chief, Air Traffic Division. Any data, R M —782, Stanford, Ky. (Lanier Bur­ chett, Station W R S L ); RM-784, Bed­ side of the Vero Beach VORTAC 291* views or arguments presented during ford, Pa. (Carl W. Amiek) ; RM-781, radial extending from the 6-mile radius such conferences must also be submitted area to 8 miles W of the VORTAC; that River Falls, Wis. (Smith Broadcasting in writing in accordance with this notice airspace extending upward from 1,200 Co.); RM-813, Paris, Tenn. (P aris in order to become part of the record for feet above the surface within a 20-mile Broadcasting Co.). . In these seven cases, radius of the Vero Beach VORTAC, in­ consideration. The proposal contained interested parties have sought the addi­ cluding the area S W of Vero Beach in tills notice may be changed in the tion of a Class A channel to a community, ^ n d e d on the E by V-51, on the SW by light of comments received. / presently having no FM assignment, , ™N, on the N W by V-225, and in- The official docket will be available without requiring any other changes «uding the airspace W of Vero Beach for examination by Interested persons in the table. All of the communities Bounded on the SE by V-225, on the W at the Southern Regional Office, Federal are of substantial size and appear to 11876 PROPOSED RULE MAKING warrant the proposed assignments. In gomery County, which has a population Baton Rouge has a population of 152,419 the case of Lebanon, Ind., a site will have of 26,839. The sole AM radio station in and has been assigned 5 Class C FM to be selected about 4 miles out of the Conroe is a daytime-only one licensed to channels. It also has seven AM stations, city to meet the required minimum petitioner. K N R O -FM also operates in four of which are unlimited time opera­ spacings. Comments are therefore in­ Conroe on Channel 295, assigned to tions. Only one of the five assignments vited on the additions to the table listed Cleveland, Tex., but available to Conroe are in operation and no applications are below: under the “25-mile rule.” Petitioner on file for the remaining assignments.8 urges that the proposal conforms to all Petitioner urges that it is interested in City Channel No. Lebanon, Ind ______265A the rules, would not adversely affect any increasing its coverage substantially and Winchester, Ind ------— ------1252A station or applicant, and that it is anx­ that this can only be done by the use of a Sheldon, Iowa___— ------288A ious to expand its operations to include Class C channel. It states that a chan­ Stanford, Ky ______— 240A an FM station. Lufkin, a city of 17,641 nel study reveals that only Channel 277 Bedford, Pa ______265A persons, has two AM stations, one un­ can be assigned to Hammond in con­ River Falls, Wis______:------292A limited and the other a Class IV. No formance with the rules but that this as­ Paris, Tenn ______288A applications have been filed for the two signment must be removed from Baton 1 In Docket No. 15543, FCC 64-615, it wasassigned FM channels. Nearby Dibol Rouge and that it will file an application proposed to shift Channel 252A from Kenton, (about 10 miles) has a Class C FM sta­ for this channel in the event the proposal Ohio, to Bellefontaine, Ohio. In the event tion in operation. Bay City has a popu­ is adopted by the Commission. this proposal is adopted, it would be neces­ lation of 11,656 and one unlimited-time 8. Normally, we have attempted to as­ sary to locate a sité for Channel 252A at AM station. No application has been sign Class A channels to the smaller Winchester somewhat closer to the city than suggested by the petitioner in order to meet filed for the sole FM channel assigned communities and Class B or C channels the required spacing to the proposed Belle­ to it. On June 24, 1965, Fort Bend Elec­ to the large cities and metropolitan fontaine assignment on the same channel. tronics Co., prospective applicant for a areas, although exceptions have been new FM station in Rosenberg, filed a made where the small community was 3. RM-778, St. Peter, Minn. On May conflicting petition requesting the as­ far removed from large cities and the 7, 1965, Seehafer and Johnson Broad­ signment of Channel 285A to Rosenberg area around it was largely rural in na­ casting Corp., licensee of radio Station by the substitution of Channel 221A at ture. Hammond is a fairly large com­ K R B I(A M ), St, Peter, Minn., filed a Bay City. Since Conroe and Rosenberg munity (10,563) and is over 40 miles from petition requesting the assignment of are less than the required 65-mile spac­ the large cities Baton Rouge and New Channel 288A to St. Peter by the sub­ ing the two proposals are mutually ex­ Orleans. W e believe therefore, that stitution of Channel 288A for 287 at clusive. Rosenberg is a community of Hammond may be the type of com­ Montevideo, Minn. < St. Peter is a com­ 9,698 persons and has a daytime-only munity which would warrant the as­ munity of 8,484 persons and is the county AM station. It is the largest community signment of a Class C channel and are seat and largest community in Nicollet in Fort Bend County, which has a popu­ inviting comments on the petitioner’s County, which has a population of lation of 40,527. proposal as follows: 23,196. There is no FM assignment in 6. Conroe already has a Class C FM the county and the sole AM station is station in operation. The subject pro­ Channel No. KRBI, a daytime-only operation. The posal would require that we delete two City proposal would substitute a Class A as­ Class C assignments in order to make Present . Proposed signment for the Class C assignment in possible the addition of a Class A assign­ Montevideo. This community has a ment to Conroe and would preclude the population of 5,693 and is the county 251,264,268, 251,264,268, assignment of a first Class A assignment 273,277 273 seat and largest community in Chippewa to Rosenberg, a community somewhat 296A 277,296A County. The county population is 16,- larger than Conroe. We are therefore 320. Montevideo has an unlimited-time of the view that the Conroe request In the event we adopt the proposal we AM station in operation. should be denied and that comments will determine whether the mixture of a 4. The Commission is of the view that should be invited on the Rosenberg re­ Class A and C assignment is necessary rule making should be instituted on quest. It appears, however, that Chan­ in this case based on the comments filed petitioner’s request in order that all in­ nel 245 may be substituted for Channel in this regard. terested parties may file their comments 284 in Bay City. Since Bay City is fairly 9. RM-799, Fort Myers, Fla. On June and relevant data., Comments are there­ large and is relatively far removed from 3, 1965, the Riverside Baptist Church of fore invited on the following: a large city or metropolitan area, we Fort Myers, Inc., prospective applicant deem it important to insure that this for a new FM station in Fort Myers filed Channel No. community is not left without a wide city a request for the addition of either Chan­ area FM assignment. In view of the nel 237A or 240A to Fort Myers, Fla. At Present Proposed foregoing and in order that all interested the present time Fort Myers (popula­ parties may submit their views and tion 22,523) has two Class C assign­ 288A relevant data, comments are invited on ments, Channels 245 and 279, both of 288A287 the following proposal: 'Which are in operation. It also has three AM stations, two of which are un­ 5. RM-779 and RM-812, Conroe and Channel No. limited time. The county, of which it is Rosenberg, Tex. On May 11, 1965 Mont­ City the largest community and county seat, gomery Broadcasting Co., licensee of Present Proposed has a population of 54,539. Petitioner radio Station KMCO (A M ), Conroe, Tex., states that it wishes to bring a new and filed a petition which seeks the assign­ Rosenberg, Tex...... 285A different service to the community and ments of a first Class A FM Channel 284 245 that since it is not planning a station (285A) to Conroe by the deletion of two which will be dependent upon broad listener appeal or on advertising support, Class C assignments elsewhere as follows: 7. RM-797, Hammond, La. On May 28, 1965, Tangi Broadcasting Co., Inc., a, Class A assignment will be sufficient, permittee of FM Station W TG I, on ft urges that a number of cities of com­ Channel No. parable size have three FM assignments City Channel 296A at Hammond, La., filed a petition for rule making requesting the and that the assignment of either pro­ Present Proposed deletion of Channel 277 from Baton posed channel will conform to the rules Rouge, La., and its assignment to Ham­ and would not preclude its assignmen 285A to any community of substantial size Lufkin,’ Tex______. mond, La. Hammond, the largest city 277,286 277 12.500 o r ereater population). Finally, 284 in Tangipahoa County, has a population

of 10,563. Tangipahoa County has a ^ On Sept. 2, 1965, an application was Conroe is a community with a popula­ population of 59,434. Hammond has a mdered for Channel 277 and this will have tion of 9,192 persons. It is the county Class IV AM station in addition to the be amended in the event the instant p seat and largest community of Mont­ Class A station operated by petitioner. 4m o r l n n f n r l Thursday, September 16, 1965 FEDERAL REGISTER 11877 it is argued that the addition, of a Class ments on or before October 11,1965, and experienced serious second harmonic in­ A assignment would not create competi­ reply comments on or before October 26, terference from KBOE-FM , operating on tive inequality in view of the proposed 1965. All submissions by parties to this Channel 292A (106.3 Mc/s) with a trans­ non-commercial use. proceeding or persons acting in behalf mitter site approximately 42.7 miles from 10, We are of the view that comments of such parties must be made in written W H O -T V , since the FM station first should be invited on petitioner’s proposal. comments, reply comments or other ap­ commenced operation on or about Feb? While we have been reluctant to mix propriate pleadings. ruary 7, 1964.1 The Palmer proposal Class A and C assignments in the same 15. In accordance with the provisions would effect the operation of only the community, such a mixture may be justi­ of § 1.419 of the rules, an original and one existing station. The present FM fied under the circumstances presented 14 copies of all comments, replies, plead­ Table of Assignments contains unused herein. We therefore Invite comments ings, briefs, and other documents shall allocations for Perry, Iowa (Channel on the following: be furnished the Commission. Attention 292A), and for Marshalltown, Iowa is directed to the provisions of paragraph (Channel 296A) „ both located within Channel No. Cc) of § 1.419 which require that any W H O -T V ’s Grade B contour, according City person desiring to file identical docu­ to the petition, which create potential Present Proposed ments in more than one docketed rule second harmonic interference problems making proceeding shall furnish the from future operations in those cities. Commission two additional copies of any 246,270 237A, 246, The changes which petitioner proposes 270 such document for each additional dock­ in the channels assigned to Ottumwa and et unless the proceedings have been con­ Knoxville are to permit the requested solidated. 11. RM-804, Plantation Key, Fla. On substitution of frequencies in Oskaloosa, 16. It is ordered, That the petition of June 9, 1965, the Sounds of Service Perry, and Marshalltown. The petition Montgomery Broadcasting Co., RM-779, also contained other changes which re­ Radio, Inc., prospective applicant for is denied. - -■ a new FM station at Plantation Key, lated to several rule making petitions Fla., filed a petition requesting the Adopted: September 8,1965. then pending before the Commission and which have now been finalized.3 And, reassignment of Channel 262 from Key Released: September 10,1965. West to Plantation Key, Fla. Plantation finally, the petition contained proposals Key is a small community in the north­ F e d e r a l C ommunications relating to changes in channels at Fort ern portion of the Florida Keys about 60 C o m m i s s i o n ,3 Dodge, Cherokee, and Carroll, Iowa, In miles south of Miami. It has a summer Es e a l ] B e n F . W a p l e , its Second Report and Order in Docket population of about 500 persons and a Secretary. No. 15542,® the Commission noted the petition being Considered here and said winter population of about 1,000 persons. [F.R. Doc. 65-9813; Filed, Sept, 15, 1965; It has no AM station or FM assignment. 8:47 a.m .] that under the circumstances in that pro­ Monroe County, in which it is located, ceeding, Palmer’s suggested assignments has a population of 47,921. Petitioner to Fort Dodge, which could be made states that it is seeking to cover a large [ 47 CFR Part 73 I without loss of FM assignment potential, area together with all the marine inter­ [D ocket No. 16186; FCC 65-788] were adopted by the Commission. How­ ests, both government and private, with ever, the Commission did not accept a reliable interference-free and static- FM BROADCAST STATIONS Palmer’s suggested change in Cherokee, free service. It submits that AM cover­ Proposed Table of Assignments Iowa but disposed of the request by as­ age of the entire area would be difficult signing a different channel to that city.4 due to NARBA restrictions and the po­ In the matter of amendment of tential of interference from other coun­ § 73.202, Table of assignments, F M * As an exhibit to its petition Palmer sub­ tries in this band. The proposed sta­ broadcast stations (Oskaloosa, Ottum­ mitted four lettera (three from Oskaloosa tion would supply weather and emer­ wa, Perry, Marshalltown, Knoxville, Car- and one from Ottumwa) written to the sta­ gency information of interest to all the roll, Waterloo, Oelwein, and Charles City, tion in August 1964, complaining of inter­ people in the land and water areas from Iowa) ; Docket No. 16186, RM-659, R M - ference to WHO-TV’s picture. In December a site which was selected because of 803. 1964, the station asked its viewers in the Oskaloosa area if they noticed increased its hurricane protection characteristics. 1. The Commission has before it for difficulty with W H O -TV reception in the past 12. While we believe that the assign­ consideration a petition, filed on Septem­ year. Petitioner states, in its supplementary ment of a wide-area channel may be ber 17, 1964, and a supplement thereto, pleading, that it received 90 letters in re­ merited in this case we do not believe filed on February 5, 1965, by Palmer sponse to the announcement; and 16 of the that Key West, a city of 33,956 persons, Broadcasting Co., licensee of Station letters were attached to the pleading. mid the county seat and largest com­ W H O -TV, Des Moines, Iowa, requesting 2 In the Matter of FM Assignments, Du­ munity in its county, should be reduced several changes in the Commission’s buque, Muscatine, and Cedar Rapids, Iowa, to only one FM assignment. However, 4 Pike & Fischer, R.R. 2d 1505 (1965) ; and Table of FM Assignments relating to. the In the Matter of FM Assignments, Iowa Falls there are several Class C assignments State of Iowa. The stated purpose of the and Cedar Rapids, Iowa, 4 Pike & Fischer, which can be made to Key West without proposal is to eliminate second harmonic R.R. 2d 1501 (1965). affecting a n y other station or assign­ interference being caused to Station 3 In the Matter of FM Assignments, Fort ment and in conformance with the rules. WHO-TV by Station KBOE-FM, Oska­ Dodge, Carroll, and Charles City, Iowa, 4 We are therefore inviting comments on loosa, Iowa, and to eliminate potential Pike & Fischer, R.R. 2d 1649 (1965). the petitioner's proposal amended as second harmonic interference from a 4 Id. at p. 1654 : follows: “16. Assignment of Channel 233 to Fort number of unused FM assignments. Sta­ Dodge requires deletion of Channel 232A at tion K BO E-FM has stated that it will Cherokee (unapplied for), and Palmer sug­ Channel No. cooperate with petitioner. (Petition, Ex­ gests 285A as a replacement. However,, this City hibit No. 2.) would mean loss of the possibility of using Channel 286 at any place within a large area, Present Proposed 2. Palmer states that Station W H O - T V operates on Channel 13 (210-216 including Fort Dodge, Carroll, and other places within 105 miles of Cherokee. Palmer Key West, F la .. 223,-262 223,238 Mc/s) and that those FM stations which would of course have us refrain from making Plantation Key, Fla 262 operate on that portion of the FM band any such assignment anyhow (within a — extending from Channel 286 through large radius from Des Moines) because of the 13. Authority for the adoption of the Channel 300 (with carrier frequencies potential FM -TV interference problem men­ amendments proposed herein is con­ from 1Q5.1 Mc/s through 107.9 Mc/s re­ tioned. But, while we have the Palmer petition under consideration and action tained in sections 4

In connection with Palmer’s proposal for service to the city of Waterloo and a ments in support of petitioner’s request Carroll, Iowa, the Commission said this large surrounding area. In view of the have been filed by The National Asso­ about Palmer’s petition: above-discussed conflict either Channel ciation of Educational Broadcasters’ (N A E B ). No opposing comments have 17. Since Channel 286 is not being as­ 222 at Oelwein or Channel 221A at M ar­ signed to Port Dodge, its deletion at Carroll shalltown will be adopted unless a solu­ been filed is not required, and for the time being we tion to the conflict is proposed by any 3. Eureka, a city of 28,137,1 is the are retaining this assignment. However, in interested party. county seat of Humboldt County (popu­ view of the uncertainty connected with it 5. In view of the foregoing, commentslation 104,892) and according to peti­ for reasons mentioned above, we believe it are invited on the following proposals: tioner is the hub of activity for an area also appropriate to assign 224A to that com­ roughly comparable geographically to munity, as proposed, so that a firm assign­ the State of Indiana. It is presently ment will be available for potential appli­ Channel No. cants. Interested parties should bear in mind City served by Station K IE M -T V and Station K V IQ -T V on commercial Channels 3 and the pendency of the Palmer petition and its Present Proposed request that Channel 286 at Carroll be de­ 6 respectively. Channel 13, the only leted. Additionally, other uses of Channel other channel assigned to Eureka (Table Oskaloösa, Iowa . -- 292A 286A 286 may be considered if demand arises, such Ottumwa, Iowa______257A.285A 224A, 249A of Assignments— Fourth Report and Or­ as a second wide-coverage assignment for Ferry, Iowa _ ---- 202A 285A der— Docket 14229), is currently un­ Port Dodge.5 Knoxville, Iowa______--- 221A 257A Carroll, Iowa. ------224A, 286 224A used and available for an additional 3. The changes in frequency proposed and television service for the area. As by Palmer can be accomplished in con­ Marshalltown, Iowa------296A 221A or pointed out by petitioner, the NAEB formance with our rules and, except as Waterloo, Iowa------266,270,289 270,289,300 Table of Assignments proposed in Docket noted above, without adverse effect on Oelwein, Iowa. ------300 222 14229 would reserve Channel 13 for Charles City------— 224A 265A any other assignment. Only 6ne exist­ educational use. ing station would be required to change 4. Petitioner, a corporation organized channels. With respect to the other 6. If it is determined by the Commis­ under the General Non-Profit Corpora­ channels, they are not in use, are not in­ sion that the rule amendments proposed tion Law of the State of California, volved in rule making, and have not been herein will serve the public interest, the states that there is no educational tele­ applied for. While second harmonic in­ Commission will take such further action vision station in the region, and that, terference is basically a problem of trans­ as may be appropriate with respect to conservatively estimated, some 45,000 mitter and receiver design and ordinarily any outstanding authorization. present television families, as well as is not a factor in the assignment of PM 7. Authority for the adoption of the Humboldt State College, would be served channels, we have, in the past, made amendment proposed herein is con­ by an educational television station. changes in assignments where a simple tained in sections 4(i), 303, 307(b), and Petitioner states that Humboldt State solution to the problem had been found 316 of the Communications Act of 1934, College, a multi-purpose institution lo­ to be acceptable to all parties concerned. as amended. cated eight miles north of Eureka at The proposal is a simple solution of the 8. Pursuant to applicable procedures Areata and one of sixteen colleges of the problem and does not adversely affect the set out in § 1.415 of the Commission’s California State College system, has an public interest. rules, interested persons may file com­ unusually well-equipped television studio 4. On June 8,1965 Black Hawk Broad­ ments on or before October 11,1965, and and is ready to cooperate with commun­ casting Co., licensee of Station K W W L reply comments on or before October 26, ity television efforts. Petitioner also (A M ) , at Waterloo, Iowa, filed a petition 1965. All submissions by parties to this points out that the station could be requesting a change in an assignment proceeding or persons acting in behalf joined with the California statewide ed­ in Waterloo, Iowa, as follows: of such parties must be made in written ucational television network which in­ comments, reply comments or other ap­ cludes educational television stations in Channel No. propriate pleadings. San Francisco, Sacramento, and Red­ City 9. In accordance with the provisions ding, and thus furnish local residents, Delete Add of § 1.419 of the rules, an original and schools, agencies, and educators with a 14 copies of all comments, replies, plead­ wide variety of educational programs at 266 300 ings, briefs, and other documents shall a relatively modest cost. 300 222 be furnished to the Commission. 5. Petitioner states that programming 224A 26SA Adopted: September 8,1965. sources will be local talent, California educational television films, and foun­ Black Hawk proposes the change in Released: September 10,1965. dation films. Petitioner outlines antici­ Waterloo in order to be able to use a F ederal Communications pated program services for in-school in­ common site for both its TV station Commission 8 struction, teacher-training, adult edu­ (K W W L -T V ) and its proposed PM sta­ [ seal] B en F. W aple, cation and college level courses together tion at a location near Walker, Iowa. It Secretary. with its plans for financing, sponsorship, urges that with the proposed site and and facilities. facilities it will be able to serve both [P.R. Doc. 65-9814; Filed, Sept. 15, 1965; 8:47 aon.] 6. The NAEB in its supporting com­ Waterloo and Cedar Rapids as well as a ments observes that the requested res­ large portion of eastern Iowa. This pro­ ervation would be a further step in the posal does, however, conflict with that of [ 47 CFR Part 73 1 progressive development of educational Palmer in that Channel 222 cannot be falotHeinri in t.VlA TinTthftril C&lif 01*1118» assigned to Oelwein at the same time that [Docket No. 16183, RM-776; FCC 65-778] CtJ. COu ,, , Channel 221A is assigned to Marshall­ TELEVISION BROADCAST STATIONS 7, The Commission is of the view that town in view of the short separation be­ Proposed Table of Assignments; rule making should be instituted on peti­ tween these two communities (70 miles tioner’s proposal in order that all in­ as against a required 105 miles). Black Eureka, Calif. terested parties may submit their views Hawk further urges that the Palmer re­ 1. Notice is hereby given of proposed and relevant data. Comments are there­ quest should be considered in a rule rule making in the above-entitled matter. making proceeding dealing generally fore invited on .the proposal to amend 2. The Commission has before it for § 73.606 of the rules as follows: with the problem of second harmonic in­ consideration a petition filed April 28, terference but that in any event the sub­ 1965, by Redwood Empire Educational stitution of Channel 221A at Marshall­ Channel No. Television, Inc., requesting that the town for 296A should not be adopted in Commission reserve television Channel City view of the conflicting request in its peti­ Present Proposed 13 for non-commercial educational use tion which would provide additional at Eureka, Calif, (where it is presently 3-, 6-, 13- 3 -, 6-, *13 5 Id. at p. 1654. Channel 286, if used atassigned for commercial use). Com- Carroll, would have to locate a site about 20 miles out of the city in order to meet min­ 6 Commissioners Hyde, Bartley, and Wads­ imum spacing requirements. worth absent; Commissioner Cox dissenting. 1 All population figures—1960 Ü.S. Census. Thursday, S ep tem b er 16, 1965 FEDERAI REGISTER 1187»

8. Authority for the adoption of the Oberlin receives a principal community principal community signal of Channel amendment proposed herein is contained signal from KOMC and is within the 8, whereas, the city of Oberlin, Kans., in sections 4(i) and 303(r) of the Com­ Grade B contour of K H PL-TV, Channel is well within the principal com m u n it y munications Act of 1934, as amended. 6, Hayes Center, Nebr. KOM C covers contour * * Channel 8 is nonethe­ 9. Pursuant to applicable procedures McCook with a principal community sig­ less assigned to McCook and was so as­ set out in § 1.415 of the Commission nal and all of Red Willow County re­ signed at the time those who constructed rules, interested parties may file com­ ceives a Grade B or better signal from the station secured the waiver to locate ments on or before October 18,1965, and that station, as well as from K H PL-TV, their transmitter 25 miles from their reply comments on or before November Hayes Center. principal community. The Commission 3, 1965. All submissions by parties to 4. Wichita TV filed reply comments granted the waiver but the allocation this proceeding or by persons acting in only, relying on its petition to support was not changed at that time from Mc­ behalf of such parties must be made in the proposal. To indicate the interest Cook to Oberlin. The change at this written comments, reply comments or of northwest Kansas in the designation time would not result in benefit by way of other appropriate pleadings. of KOM C as an Oberlin station, numer­ improved coverage or programming and 10. In accordance with the provisions ous letters and resolutions from business the designation of the station, according of S 1.419 of the rules, an original and and civic organizations in that area were to the present owner, would remain the 14 copies of all written comments, re­ filed with the petition. The principal same. plies, pleadings, briefs, or other docu­ reason given for the request was that 8. The Commission Is not persuaded ments shall be furnished the Commission. KOMC, while formally designated a that any benefit to the public interest McCook, Nebr., station, is in reality a Adopted: September 8,1965. would result from reassignment of Chan­ Kansas station, built by Kansas resi­ nel 8 from McCook to Oberlin, and, in Released: September 10,1965. dents, licensed to and owned and oper­ view of the foregoing: It is ordered, That ated by Kansans from its inception to F e d e r a l C ommunications the Petition for Rule Making filed by the present time, and primarily oriented C o m m i s s i o n ,2 Wichita Television Corp., Inc., is denied. [ seal] B e n F . W a p l e , to the service needs of the Kansas area 9. It is further ordered, That this pro­ Secretary. . and population within its Grade B cov­ ceeding is terminated. erage area. [Fit Doc. 65-9815; Filed, Sept. 15, 1965; 5. The Mayor and the President of Adopted: September 8, 1965. 8:47 a.m ,} the McCook Chamber of Commerce filed Released; September 10, 1965. objections to the proposed reallocation, [ 47 CFR Part 73 3 both prior to and subsequent to the issu­ F e d e r a l C ommunications ance of the notice of proposed rule mak­ C o m m i s s i o n ,2 Pocket No. 15709, RM-522; FCC 65-783] ing, indicating that the residents of Mc­ [ s e a l ] B e n F . W a p l e , Secretary. TELEVISION BROADCAST STATIONS Cook and the surrounding area have a continuing interest in the designation of [F.R. Doc. 65-9816; Filed, Sept. 15, 1965; Proposed Table of Assignments; KOMC as a McCook station. They con­ 8:47 a jn .] Oberlin, Kans., and McCook, Nebr. tend that while McCook residents do not share in the ownership of the station, 1. The Commission has before it for money was collected when organizers [ 47 CFR Part 73 I consideration its notice of proposed rule were contemplating applying for the [Docket No. 16185, RM-795; FCC 65-782] making released November 19,1964 (FCC channel which was returned to the Mc­ 64-1078), in response to a petition filed Cook people although they did not re­ TELEVISION BROADCAST STATIONS by Wichita Television Corp., Inc. quest its return and that the people in (Wichita T V ), licensee of Station Proposed Table of Assignments; McCook cooperated with the builders of Colby, Kans. KOMC-TV, Channel 8, McCook, Nebr., the station in the selection of the loca­ requesting that this channel be deleted tion and did not oppose construction ac­ 1. Notice is hereby given of proposed from McCook and reassigned to Ober­ ross the State line in Kansas since there rule making in the above-entitled matter. lin, Kans. KOMC is operated as a sat­ was no suggestion, either prior to or at 2. The Commission has before it for ellite of KCKT-TV, Great Bend, which the time of construction, that the allo­ consideration a petition filed on May 28, in turn is a satellite of K A R D -T V in cation would be changed from McCook 1965, by Colby Development, Inc., re­ Wichita, both in Kansas. The KOMC to Oberlin. They are concerned that the questing that the Commission initiate transmitter is located nine miles west Omaha World-Herald will probably not rule making proceedings looking toward of Oberlin and twenty-five miles south continue to carry the programming of the assignment of Channel 4 to Colby, of McCook and, therefore, no change in KOMC if the McCook identification is Kans, ; transmitter site or coverage area is dropped. They contend approximately 3. Colby Development, Inc., is a cor­ contemplated. 52 percent of KOM C’s revenue from local poration, according to the petition, 2. Oberlin, in northwest Kansas, is lo­ advertising comes from the McCook area. formed by a group of local businessmen cated approximately 28 miles southeast Letters were received from several oper­ to stimulate the development of Colby of McCook, Nebr., and about 12 miles ators of small businesses in McCook, and the surrounding area. Colby, which south of the Kansas-Nebraska State stating they would not continue to ad­ has a population of 4,210 and is located line: Following are the populations, ac­ vertise over the station if McCook is no in the northwestern comer of Kansas, cording to the 1960 U.S. census, of the longer mentioned in its designation. is the largest community and the county two communities and the counties in 6. McCook is interested in retaining seat of Thomas County (population which they are located: Oberlin, 2,337, the assignment there and in the contin­ 7.358).1 Although Colby has no televi­ Decatur County, 5,778; McCook, 8,301, uing designation of KOMC as a McCook sion channel assignment at the present Red Willow County, 12,940. Petitioner station. In its Reply Comments, Wichita time,2 it is, as stated in the petition, states that, while McCook has a popula­ TV requested that the Commission within the Grade A contour of Station tion in excess of Oberlin, the Grade B change the channel assignment and si­ KLOE-TV, Goodland, Kans., and the covers a population in Kansas of multaneously authorize them to identify 44,081 and in Nebraska, of 26,978 persons, Grade B contour of Station KOM C-TV, KOMC with McCook as well as with McCook, Nebr., 35 and 36 miles respec­ or approximately the same number in Oberlin, which would then be its prin­ each state.- tively from Colby. Station KLOE-TV, cipal community. 3. The channel assignments for these which is operated as a satellite of Sta- 7. Although petitioner points out that communities are as follows: “McCook, Nebr., is barely covered by the 2 Commissioners Hyde and Wadsworth Channel City Nn absent. Oberlin, Kans______1 When the notice of proposed rule making 1 All population figure®— 1960 D A Census. McCook, N ebr______~~~Q—» issued, Channel 17 was also assigned to 2 Channel 22 was assigned to Colby in the McCook. However, in our Fourth Report old Table of Assignments; however, this as­ and Order in Docket 14229 (FCC 65-504), signment was dropped in the new Table absentlmi£SlCmerS •®'^e Wadsworth we did not provide a UHF channel for (Commission’s Fourth Report and O rder- McCook. Docket 14229, adopted June 4, 1965). No. 179------8 11880 PROPOSED RULE MAKING tion K AYS-TV, Hays, Kans., is affiliated I 47 CFR Part 73 1 [ 47 CFR Part 73 1 with the Columbia Broadcasting System [D ocket No. 15691] [D ocket No. 16187, RM -713; FCC 65-789] and Station KOM C-TV, which is oper­ ated as a satellite of Station KAR D -TV, TELEVISION BROADCAST STATIONS TELEVISION BROADCAST STATIONS Wichita, Kans., is affiliated with the N a­ Proposed Table of Assignments; Proposed Table of Assignments tional Broadcasting Co. 4. Petitioner asserts that the allocation Hot Springs and Fort Smith, Ark. In the matter of amendment of of a VH P channel for wide area coverage Order extending time for filing opposi­ § 73.606, rules and regulations, TabZe of in the Colby area is essential to provide tions and replies to petition for partial Assignments (Las Vegas, Boulder City, network programs of the American reconsideration. In the matter of Goldfield, Nev., and Cedar City, Utah); Broadcasting Co. and also to make pos­ amendment of § 73.606, Table of assign­ Docket No. 16187, RM-713. sible the presentation of programs de­ ments television broadcast stations (Hot 1. The Commission has before it for signed to meet local needs. Springs, Ark.), Docket No. 15691, R M - consideration a petition filed on January 5. Although a station operating on 506; and (Hot Springs, Fort Smith, A rk .), 11, 1965, by Southern Nevada Radio and Channel 4 would not meet the Commis­ RM-448. Television Co. (Southern Nevada) re­ sion’s channel separation requirements if The Commission has before it a Peti­ questing rule making to substitute Chan­ the transmitter were located in Colby tion for Partial Reconsideration of its nel 3 for Channel 2 at Las Vegas, Nev., itself, it appears there is a relatively Report and Order in this proceeding which would require 'the following large area just outside of the city where released July 30, 1965. The petition was changes in the Table of Assignments: the transmitter could be located so as to filed August 30, 1965, by K W H N Broad­ be in conformity with the separation re­ casting Co., and public notice of it was City Delete Add quirements and also provide the required released September 3. principal city grade of service to Colby. The petition urges the Commission to Las Vegas, N e v .------2 - 3 6. It is stated in the petition that it is reconsider its action assigning Channel Boulder City, Nev______4+ 6+ Goldfield, Nev...... 5 - 2- the intention of Colby Development, Inc. 9 to Arkadelphia, Ark., as a reserved Cedar City, Utah...... 5 4 to apply for a construction permit to uti­ channel and to assign it to both Ark­ lize Channel 4 at Colby in-accordance adelphia and Fayetteville, Ark. as re­ with the requirements specified ip the at­ served channels, specifying transmitter 2. Southern Nevada is licensee of tached engineering statement if the in­ sites which would meet the Commission’s K O R K -TV, Las Vegas. The station stant request results in the allocation of minimum separation requirements, and operates on Channel 2 from a combined Channel 4 to Colby. The Commission is at the same time to reassign Channel 13, studio and transmitter site near Las of the view that rule making should be presently an educational assignment in Vegas with maximum peak visual power instituted on the proposal in order that Fayetteville, to Fort Smith as a second of 100 kw with a transmitting antenna all interested parties may submit their VHP commercial channel. on a 423-foot tower that provides an views and.relevant data. Comments are On September 3 counsel for American effective height of 272 feet above average therefore invited on the proposal to Television Co., Inc., addressed a letter to terrain. amend § 73.600 of the rules, insofar as the Commission which argues that 3. Petitioner is engaged in the devel­ community named is concerned, to read K W H N ’s petition is in reality a petition opment of a television microwave relay as follows: for rule making and should be considered repeater site on Potosi Mountain, ap­ as such. In the event that the petition proximately 25 miles southwest of Las Vegas. Since this site is already under Channel No. be construed to be a petition for recon­ sideration counsel requests that time for development, Southern Nevada believes City it will be advantageous to locate its Present Proposed filing oppositions be extended until October 4, 1965. transmitter there. Potosi Mountain is 188.41 miles from the existing cochannel 4 Inasmuch as the action requested in the petition would involve a modification site of KNXT, Los Angeles, Calif., and of the assignment of Channel 9 to operation there on Channel 2 would not 7. Authority for the adoption of the Arkadelphia to specify a transmitter meet the Commission’s separation re­ amendments proposed herein is con­ location south of the city, and since the quirements. Petitioner therefore re­ tained in sections 4(i), 303, and 307(b) of question of assigning a second VHF quests that Channel 3 be assigned to Las the Communications Act of 1934, as channel to Fort Smith was considered Vegas, Nev,, and that its license be modi­ amended. in the proceeding, we find that the peti­ fied to specify operation on that chan­ 8. Pursuant to applicable procedures tion is properly termed a petition for nel. In support of its petition, Southern set out in § 1.415 of the Commission rules, reconsideration. However, in view of the Nevada submitted engineering data in­ interested parties may file comments on scope of the action requested in the peti­ dicating that its operation on Channel or before October 18, 1965, and reply tion we believe that it would be in the 3 with maximum power from Potosi comments on or before November 3,1965. public interest to extend the time for Mountain would bring a first Grade A All submissions by parties to this pro­ filing oppositions and replies thereto. service to an area of 9,142 square miles ceeding or by persons acting in behalf of Accordingly, it is ordered, This 13th and a first Grade B service to an area such parties must be made in written day of September 1965, that time for of 23,919 square miles. comments, reply comments or other ap­ filing responses to K W H N ’s Petition for 5. The Commission is of the view that propriate pleadings. Partial Reconsideration is extended to rule making should be held on the above 9. In accordance with the provisions of October 4, 1965, and that the time for proposal and interested parties are in­ § 1.419 of the rules, an original and 14 filing replies is extended to October 15, vited to submit their viejvs and rele­ copies of all written comments, replies, 1965. vant data. If the Commission decides to pleadings, briefs, or other ducuments This action is taken pursuant to au­ adopt the amendments proposed, it will shall be furnished the Commission. thority found in sections 4(i), 5(d)(1), take further action as may be deemed appropriate with respect to Southern Adopted: September8,1965. and 303 (r) of the Communications Act of 1934, as amended, and § 0.281(d) (8) of Nevada’s outstanding authorization. Released: September 10, 1965. the Commission rules. 6. Authority for the adoption of the amendments proposed herein is^cori" F e d e r a l C ommunications Adopted: September 13,1965. tained in sections 4(i), 303, and 307 (b C o m m i s s i o n ,8 Released: September 13,1965. of the Communications Act of 1934, as [ s e a l ] B e n F . W a p l e , mended. Secretary. F e d e r a l C ommunications 7. Pursuant to applicable procedures C o m m i s s i o n , et out in § 1.415 of the Commission s [F.R. Doc. 65-0845; Filed, Sept. 15, 1965; [ s e a l ] B e n F . W a p l e , ules and regulations, interested parti 8:48 a.m .] Secretary. lay file comments on or before Octobe * Commissioners Hyde and Wadsworth ab­ [F.R. Doc. 65-9846; Filed, Sept. 15, 1965; 8, 1965, and reply comments on or De- sent. 8:48 a.m .] Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11881

by parties to this proceeding or by per­ rules, Interested persons may file com­ 7. In accordance with § 1.419(b) of sons acting on behalf of such parties ments on or before October 18,1965, and the Commission’s rules, an original and must be made in written comments, reply reply comments will be considered on, or fourteen copies of all statements, briefs, comments or other appropriate plead­ before October 29,1965. All relevant and or comments filed shall be furnished the ings. timely comments and reply comments Commission. 8. In accordance with the provisions will be considered by the Commission be­ Adopted: September 8,1965. of §1.419 of the rules, an original and fore final action is taken in this proceed­ 14 copies of all written comments, re­ ing. All Submissions by parties to this Released: September 9, 1965. plies, pleadings, briefs, or other docu­ proceeding or by persons acting on behalf ments shall be furnished the Com­ F e d e r a l C ommunications of the parties must be made in the form Commission,1 mission. of written comments, reply comments or [ s e a l ] B e n F . W a p l e , Adopted: September 8, 1965. other appropriate pleadings. Secretary. Released: September 13, 1965. A. Part 81 is amended as follows: In§ 81.306(b) , the table is amended to add new frequency pair in the entry for Boston, Mass., to read as follows: F e d e r a l C ommunications C o m m i s s i o n 1 § 81.306 Frequencies available below 27.5 Mc/s. [ se al] B e n F . W à p l e , * * * * * * ' ' ' * Secretary. (b ) * * * [F.R. Doc. 65-9847; Filed, Sept. 15, 1965; 8:49 a.m .] Coast station transmitting carrier frequency Associated coast station receiving carrier frequency . Coast stations lo­ [ 47 CFR Parts 81, 83 1 cated in the vicin­ Fre­ Specific limitations imposed upon Fre­ Specific conditions relating to use of ity of— quency availability for use * quency these frequencies by ship stations [Docket No. 16181, RM-788; FCC 65-768] (kc/s) (kc/s) for transmission as shown in §83.354 (a) (i) of this chapter2 STATIONS ON LAND AND SHIPBOARD IN MARITIME SERVICES Boston, Mass______2450 None______'____ _ 2366 None. 2506 ___ _do...... — ______2406 Do. 2566 Day only, on condition that no 2390 Day only, on condition that no Frequencies Available for Public harmful interference will be caused harmful interference will be caused Ship-Shore Use to any service or station which in to any service or station which in the discretion of the Commission the discretion of the Commission In the matter of amendment of Parts may have priority on the fre­ may have priority on the frequency quency or frequencies used for the or frequencies used for the service 81 and 83 of the Commission’s rules to * service to which interference is • to which interference is caused. make the frequency pair 2566 kc/s caused. (coast)— 2390 kc/s (ship) available for * * * ♦ ■ ♦ m * * * * ' * • public ship-shore use on a day only basis to provide service to vessels in the vicinity B. Part 83 is amended as follows: In 83.354(a) (1), the table is amended to add a of Boston, Mass.; Docket No. 16181, new frequency pair in the entry for Boston, Mass., to read as follows: RM-788. § 83.354 Frequencies below 5000 kc/s for public correspondence. 1. Notice is hereby given of proposed (a ) • * * rule making in the above entitled mat­ (1) * * * ter. The amendments proposed to be adopted are set forth below. Mobile station transmitting carrier frequency Associated coast station carrier frequency 2. New England Telephone and Tele­ For communication graph Co. (N E T T ), Boston, Mass:, has with coast sta­ filed a petition requesting that §§ 81.306 tions located in Fre­ Fre­ pecific conditions relating to use the vicinity of— quency Specific limitations imposed upon quency of these frequencies by coast stations and 83.354 of the Commission’s rules be (kc/s) availability for use3 (kc/s) for transmission as shown in amended to permit use of 2390 kc/s for § 81.306(b) of this chapter.2 ship stations and 2566 kc/s by its public coast station WOU, Boston, Mass. 2366 None______2450 None. 2390 Day only, on condition that no 2666 Day only, ran condition that no 3. The requested frequency pair is harmful interference will be harmful interference will be assigned to public Class II-B coast sta­ caused to any service or station caused to any service or station tions WJO at Charleston and WNJ at which in the discretion of the which in the discretion of the Commission may have priority on Commission may have priority on Jacksonville. The separation between the frequency or frequencies used the frequency or frequencies used Boston and these locations is sufficient for the service to which inter­ for the service to which inter­ ference is caused. ference is caused. to permit daytime only use at Boston 2406 None______'______2606 None.' without causing harmful interference to tiie use at the latter locations. * ♦ * * 4k * * ' * - ' * * * * 4. Petitioner states that the number of vessels registered for service with the [F.R. Doc. 65-9817; Piled, Sept. 15,1965; 8:47 ajn.J New England Telephone and Telegraph Co. has increased over 9 percent each year for the past 10 years. There are [ 47 CFR Part 91 1 these companies are engaged in construc­ 5840 vessels registered with NETT and [Docket No. 16182, RM-787; FCC 65-770] tion and related business activities in an estimated 1,000 additional ves Puerto Rico. registered with other Bell system cc INDUSTRIAL RADIO SERVICES 3. The rule which Petitioners seek to Panies which are equipped for commu have amended is § 91.8(e), of Part 91, of Frequencies Available for Assignment cation through W OU. There are i the Industrial Radio Services Rules. two channels in operation at Bos to Operational Fixed Stations Out­ This rule, as presently written, specifies which NETT states are inadequate side Continental Limits of U.S. and that, beyond the continental limits of handle the seasonal peak traffic lc Adjacent Waters Particularly in the summer months. the United States and its adjacent "-This proposal is issued under 1. Notice of proposed rule making in waters, certain Land Mobile Radio Serv­ authority contained in section 303 < the above-captioned matter is hereby ice frequencies above 152 Mc/s may be j * and (r) of the Communicati given. assigned to Operational Fixed stations, Act of 1934, as amended. 2. The Commission has under con­ on the condition that harmful inter­ 6. Pursuant to applicable procedi sideration a Petition for Rule Amend­ ference be not caused to mobile service set forth in § 1.415 of the Commlssic ment (RM-787), filed on May 19, 1965 operations^ by Capital, Inc., Puerto Rico Aggregates ^ e^ issib n er® Hyde, Bartley, and Wads­ Co., Inc., Puerto Rico Homes, Inc., and 1 Commissioners Hyde and Wadsworth ab­ worth absent. Rexach Construction Co., Inc. All of sent. 11882 PROPOSED RULE MAKING

4. By virtue of a reallocation pro­ line facilities. Moreover, because ade­ 7. Pursuant to applicable procedures ceeding concluded in 1957, the Land quate safeguards against causing inter­ set out in § 1.415 of the Commission Mobile Services frequency allocation be­ ference to other users have been written rules, interested persons may file com­ tween 100 and 200 Mc/s was amended into the rule governing the secondary ments on or before October 18, 1965, to reflect the availability of frequencies in assignment of frequencies in the areas and reply comments on or before Novem­ the band 150.8-152 Mc/s. Prior to that specified in the rule, no adverse impact ber 1, 1965. All relevant and timely time, the Land Mobile Service frequency on these other users has been experi­ comments and reply comments will be allocation between 100 and 200 Mc/s enced, nor is any foreseen. In view of considered by the Commission before had commenced at 152 Mc/s. Petition­ these factors, the Commission is dis­ final action is taken in this proceeding. ers request that § 91.8(e) be amended to posed to consider an amendment to In reaching its decision in this pro­ include the availability of channels in § 91.8(e) of its rules. It is proposed that ceeding, the Commission may also take the band of 1.2 megacycles between 150.8 § 91.8(e) be amended to read as follows: into account other relevant information and 152 Mc/s for use beyond the conti­ § 91.8 Policy governing the assignment before it, in addition to the specific com­ nental limits of the United States and o f frequencies. ments invited by this Notice. waters adjacent thereto, by operational ♦ * * * * fixed stations, on a basis of non-inter­ 8. In accordance with the provisions ference to mobile service operations. (e) Outside the continental limits ofof § 1.415(b) of the rules, an original 5. The secondary assignment of Land the United States and waters adjacent and 14 copies of all comments, replies, Mobile Service frequencies to fixed sta­ thereto, frequencies above 150.8 Mc/s, pleadings, briefs, and other documents tions in locations beyond the continental listed elsewhere in this part as available shall be furnished the Commission. limits of the United States has been a for assignment to Base Stations or practice of long standing in the Com­ Mobile Stations in particular services Adopted: September 8,1965. mission’s administrative scheme. This are also available for assignment to Op« Released: September 9,1965. practice and the rule which documents erational Fixed Stations in the same it, acknowledges the Commission’s rec­ service on condition that no harmful F ederal Communications1 ognition of the unique character of the interference be caused to mobile service Commission, conditions and circumstances under operations. [ seal] B en F. W aple, which radio communications must needs Secretary. ♦ * * * * be conducted in certain areas. This 6. Authority for the adoption of the[F.R. Doc. 65-9818; Filed, Sept. 15, 1965; practice has proven particularly bene­ 8:47 a m .] ficial and economical to licensees in amendment proposed herein is contained areas such as Puerto Rico— with its diffi­ in sections 4(i) and 303 of the Com­ 1 Commissioners Hyde and Wadsworth ab­ cult terrain and relative lack of wire­ munications Act of 1934, as amended. sent. Notices

sists of grasses and forbs. The soils vary National Park Service DEPARTMENT OF THE INTERIOR from loam to clay in texture. The area [O rd er 4, Arndt. 1) supports antelope, deer and upland game Bureau of Land Management bird populations. NORTHEAST REGIONAL OFFICE, [Phoenix 085928] 3. Pursuant to authority delegated to PENNSYLVANIA mein section 2.5 of Bureau of Land Man­ ARIZONA agement Order No. 701, dated July 23, Horticulturist; Delegation of Author­ Order Providing for Opening of 1964, the lands described in paragraph ity Regarding Execution of Purchase Public Lands 1 hereof are restored to the operation of Orders for Supplies, Equipment or the public land laws and shall become Services S e p t e m b e r 9,1965. subject to application, petition and selec­ S e c . 7. , Horticulturist (Management- 1. Pursuant to the Act of May 13» 1946 tio n generally under the nonmineral Tree Crew). The Horticulturist operat­ (60 Stat. 179), the following lands are public land laws, except applications ing in the field and based at the North­ open to entry, subject to the terms and under the Small Tract Act, subject to east Regional Office, may issue Purchase conditions cited below : valid existing rights effective 10 a.m., October 15, 1965. Applications received Orders not in excess of $250 for supplies, G il a a n d Salt B it e s M e r id ia n , A r iz. at or prior to that date will be considered equipment or services in conformity with T.8S..B.31 E., as simultaneously filed at that time. applicable regulations and statutory au- Sec.35,Ey2SEi4. 4. The United States did not acquire , thority and subject to availability of appropriations! The area described aggregates 80.00 minerals in the lands described above. acres. 5. Inquiries should be addressed to the Present sections 7, 8 and 9 are renum­ 2. The lands are located in Green­ Land Office Manager, Bureau of Land bered as sections, 8,9 and 10 respectively. lee County. The soil is gravelly loam. Management, 316 North 26 th Street, Bill­ (National Park Service Order 14 (19 F.R. The topography is relatively flat, and ings, Mont.» 59101. 8824), as amended; 39 Stat. 535, 16 U.S.C., Sec. 2; Northeast Region Order No. 4 (29 K e n n e t h J. S ir e , lies on top of a low ridge. Most of the F.R. 13405)) vegetation has been removed, leaving Acting Land Office Manager. R o n a l d F . L e e , a small amount of desert browse. [F.R. Doc. 65-9808; Filed, Sept. 15, 1965; Regional Director, 3. No application for these lands will 8:46 a.m .j Northeast Regional Office. be allowed under the homestead, desert land or any other non-mineral public ALASKA A u g u s t 23,1965. land law unless the lands have already [F.R. Doc. 65-9806; Filed, Sept. 16, 1965; been classified as valuable, or suitable for Notice of Termination of Amend­ 8:46 a m .] such type of application, or shall be so ment of Proposed Withdrawal and classified upon consideration of a peti­ Reservation of Lands tion-application. Any petition-applica­ tion that is filed will be considered on its Notice of amendment of an applica­ DEPARTMENT OF AGRICULTURE merits. The lands will not be subject to tion, Serial No. Fairbanks 031968, for Consumer and Marketing Sendee occupancy or disposition until they have withdrawal and reservation of lands was been classified. published as Federal Register Document PARIS STOCKYARDS, INC., ET AL. 4. Inquiries concerning these lands No. 64-13162 on page 18238 of the issue Proposed Posting of Stockyards shall be addressed to the Bureau of Land for Wednesday, December 23, 1964. The Acting Chief, Rates and Registra­ Management, Arizona Land Office, 3022 The applicant agency has canceled its tions Branch, Packers and Stockyards Federal Building, Phoenix, Àriz., 85025. application insofar as it involved thè lands described below. Therefore, pur­ Division, Consumer and Marketing Serv­ F r e d J. W e i l e r , suant to the regulations contained in 43 ice, U.S. Department of Agriculture, has State Director. CFR, Part 2311, such lands will be at 10 information that the livestock markets [F h. Doc. 65-9807; Filed, Sept. 15, 1965; a.m. on the date of this publication, re­ named below are stockyards as defined 8:46 a m .} lieved of the segregative effect of the in section 302 of the Packers and Stock- above-mentioned application. yards Act, 1921, as amended (7 U.S.C. 202), and should be made subject to the The lands involved in this notice of [M o n t a n a 070895] provisions of the act. termination are: MONTANA Paris Stockyards, Inc., Paris, Ky. K o t ze b u e , A l a s k a Raynor I. Crosman, Corinna, Maine. Order Providing for Opening of tract a Exeter Livestock Sales, Exeter, Maine. Tulsa Livestock Auction, Stockyards, Inc., Public Lands Commencing at the point of beginning of Tulsa, Okla. the State of Alaska, Division of Aviation’s S e p t e m b e r Chamberlain Livestock Sales, Inc., Cham­ 10,1965. Tract V, proceed S. 79°15'00" E. 2,007.89 feet berlain, S. Dak. 1. In an exchange of lands made un-along the south boundary line of said Tract Canyon Livestock Commission, Co., Can­ V to the true point of beginning of this Qef ^ e provisions of section 8 of the yon, Tex. oÜÍ 28> 1934 (48 Stat. 1269), as description; thence continuing along said mended, the following described land boundary S. 79*I5,00'' E. 4,692.87 feet to the Notice is hereby given, therefore, that Southeast Corner of Tract V; thence N. the said Acting Chief, pursuant to au­ States-660 reconveyed to toe United 10°45'00'' W. 2,500 feet to the Northeast thority delegated under the Packers and Corner of said Tract V; thence along the P r in c ip a l M e r id ia n , M o n t . north boundary line of Tract V, N. 79<’15'00" Stockyards Act, 1921 as amended (7 T- 13N..R.57E., W . 4,154.39 feet to a point; thence S. U.S.C. et. seq.), proposes to issue a rule designating the stockyards named above 8 1 SE*Nwy„ NEÍ4SW54, 10°45'00" W. 705.63 feet to a point; thence S. 5°32'08" W. 1,343.80 feet to a point; as posted stockyards subject to the pro­ thence S. 66°18'01" W. 806.33 feet to the visions of the act, as provided in section The area described contains 330. point of beginning. 302 thereof. acres. An area containing 238.543 acres more Any person who wishes to submit writ­ 2fl20i3w .lands are Seated approximate or less. ten data, views, or arguments concerning southwest-of Wibaux, Moi R. D o n C h r i s t m a n , the proposed rule may do so by filing ^elandshave a rolling to broken topo; Acting State Director. them with the Acting Chief, Rates and erosi° n is slight [F.R. Doc. 65-9837; Filed, Sept. 15, 1965; Registrations Branch, Packers and aerate. The vegetative cover eoi 8:48 a.m .] Stockyards Division, Consumer and M ar- 11883 11884 NOTICES keting Service, U.S. Department of Agri­ culture, Washington 25, D.C., within 15 DEPARTMENT OF HEALTH, EDU­ ATOMIC ENERGY COMMISSION days after publication hereof in the [D ocket No. 50-133] F e d e r a l R e g is t e r . CATION, AND WELFARE All written submissions made pursuant PACIFIC GAS £ ELECTRIC CO. to this notice shall be made available for Food and Drug Administration Notice of Proposed Issuance of public inspection at such time and places in a manner convenient to the public NEW DRUGS Amendment to Provisional Oper­ business (7 CFR 1.27(b)). ating License Done at Washington, D.C., this 9th day Notice of Approval of Applications Please take notice that pursuant to of September 1965. As provided in § 130.33 of the new-drug sections 189 of the Atomic Energy Act of K . A . P o t t e r , regulations (21 CFR 130.33), notice is 1954, as amended, and 50.59 of 10 CFR Acting Chief, Rates and Regis­ Part 50, the Atomic Energy Commission given of the following new drugs for trations Branch, Packers and is considering the issuance of an amend­ Stockyards Division, Con­ which applications, or supplemental ap­ ment, set forth below, to Provisional sumer and Marketing Service. plications for substantive labeling Operating License No. DPR-7 (“the li­ [F.R. Doc. 65-9822; Filed, Sept. 15, 1965; changes, have been approved on the cense”) which authorizes the Pacific Gas 8:47 a.m.] dates specified: & Electric Co. to operate its Humboldt Bay Powerplant Unit No. 3 (“the re­ D rugs F or H uman U se actor”) located in Humboldt County, Calif., at steady state power levels up Active ingredients Trade name or Principal indica­ to 240 thermal megawatts. The amend­ (as declared on other designated tion or pharma­ Applicant Date How dis­ label) name and dosage cological category approved pensed 1 ment would modify the technical speci­ form fications appended to the license to per­ mit power operation of the reactor with 1965 type n zircaloy clad fuel assemblies, in Amodiaquine hy- Camoquin Hy- Antimalarial___ Parke, Davis & Co., Apr. 12 *___ _ Rx. accordance with the application dated drochloride, 0.2 drochloride Joseph Campau Ave. gm. (compressed at the River, Detroit, April 9, 1965, and supplements thereto tablet). Mich., 48232. dated June 15, 1965 and July 26, 1965. Chlorpropamide, Diabinese (tablet). Oral hypo- Chas. Pfizer & Co., Apr. 20»____ Rx. 100 and 250 mg. glycémie. Inc., 235 East 42d St., Change No. 17 to the technical specifica­ New York, N.Y., tions, issued September 9, 1965, author­ 10017. Sparteine sulfate, Tocosamine (in­ Oxytocic...... Trent Pharmaceuticals, May 18 *_____ Rx. ized the proposed modifications of the 150 mg. per cc. jection). 233 Broadway, New reactor and the loading and critical test­ York, N .Y., 10007. ing of the type IT zircaloy clad fuel Triamcinolone Aristocort (topi- Corticosteroid____ Lederle Laboratories, May 19»...... Rx. acetonide, 0.1 per­ cal ointment). Division of American assemblies. cent. Cyanamid Co., Pearl Within thirty (30) days from the date River, N.Y., 10965. Stendin (sus­ Abbott Laboratories, May 24______OTC. of publication of this notice in the F ed­ aspirin and tained-release North Chicago, 111., e r a l R e g is t e r the applicant may file a sodium salicylate. tablet). 60064. Sparteine sulfate, Actospar (intra­ Sandoz Pharmaceuti- May 28______Rx. request for a hearing, and any person 150 mg. per cc. muscular injec­ cals, Division of whose interest may be affected by this tion). Sandoz, Inc., Han­ over, N.J. proceeding may file a petition for leave Dyclonine hydro- Dyclone Solution Topical anes- Pitman-Moore, Divi- June 1»...... Rx. to intervene. Requests for a hearing chloride, 0.5 per­ 0.5 percent and thetic. sion of Dow Chemical and petitions to intervene shall be filed cent and 1 percent. 1 percent. Co., Post Office Box 1656, Indianapolis, in accordance with the Commission’s . Ind., 46206. rules of practice, 10 CFR Part 2. If a Oxazepam, 10,15, Serax (capsules)__ Psychotherapeau- Wyeth Laboratories, June 4...... — Rx. and 30 mg. tic agent, tran­ Post Office Box 8299, request for a hearing or a petition for quilizer. Philadelphia, Pa., . leave to intervene is filed within the 19101. time prescribed in this notice, the Com­ Indomethacin, 25 Indocin (cap- Anti-ififlamma- Merck Sharp & Dohme, June 10...... — Rx. and 50 mg. sules). tory. Division of Merch & mission will issue a notice of hearing or Co., Inc., West Point, an appropriate order. Pa., 19486. Chlorphenesin car- Maolate (tablet).. Musculoskeletal The Upjohn Co., Kal- June 14...... — Rx. For further details with respect to this bamate, 400 mg. analgesic. amazoo, Mich. proposed amendment, see (1) the appli­ Doxapram hydro- Dopram (injec- Respiratory stim- A. H. Robins Co., Inc., June 23...... Rx. chloride, 20 mg. tion). ulant. 1407 Cummings Dr., cation and supplements thereto, (2) the per cc. Richmond, Va., 23220. report of the Advisory Committee on Triamcinolone Aristocort (topi- ■ Corticosteroid____ Lederle Laboratories, June 25»____ Rx. acetonide, 0.1 cal cream). Division of American Reactor Safeguards dated August 10, percent. Cyanamid Co., Pearl 1965, and (3) a related safety evaluation River, N.Y., 10965. prepared by the Research and Power Reactor Safety Branch of the Division D rugs for V eterinary U se of Reactor Licensing, all of which are available for public inspection at the Phenothiazine, 12.5 Cooper Bisohene Anthelmintic William Cooper Neph­ May 24...... OTC, Commission’s Public Document Room, gm. per fluid oz.; Cattle Drench (cattle). ews, Inc., 1909-25 2,2'-methylenebis (drench). Clifton Ave., Chi­ 1717 H Street NW., Washington, D.C. (3,4,6-trichloro- cago, 111. Copies of items (2) and (3) above may be phenol), 450 mg. obtained "at the Commission’s Public per fluid oz. IV-Butylchloride Nemanthic Anthelmintic Diamond Laboratories, June 7 -,____ OTO. Document Room, or upon request ad­ end toluene in (capsules). (dogs and cats). Des Moines, Iowa. dressed to the Atomic Energy Commis­ five concentra­ tions. sion, Washington, D.C., 20545, Atten­ Griseofulvin (ultra- Fulvicin-U/F Antifungal anti­ Schering Corp., 60 June 29...... Rx. tion: Director, Division of Reactor Li­ fine) veterinary, (bolus). biotic (horses). Orange St., Bloom­ 2.5 gm. per bolus. field, N.J. censing. Dated at Bethesda, Md., this 10th day 1 The abbreviation “ Rx” means restricted by law to prescription only; the abbreviation “ OTC” applies to drugs of September 1965. that by law are not required to be sold on prescription. * Supplemental application, labeling change. For the Atomic Energy Commission.

Dated: September 8,1965. R . L. D o a n , G e o . P . L a r r ic k , D irector, Commissioner of Food and Drugs. Division of Reactor Licensing. [F.R. Doc. 65-9784; Filed, Sept. 15,1965; 8:45 a.m.] Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER II8 8 5

P ac if ic G as & E lectric Co . Provisional Operating License No. DPR-7, as amended, issued to Pacific Gas & Electric [Docket No. 50-133] Co. for operation of its Humboldt Bay Power- FEDERAL POWER COMMISSION proposed a m e n d m e n t to provisional plant Unit No. 3 (“the reactor”) , located in OPERATING LICENSE Humboldt County, Calif., is hereby further PELICAN UTILITY CO. ET AL. amended, in accordance with the applica­ [License No. DPR-7; Arndt. No. 9} tion, as follows: Notice of Expiration of Licenses The Atomic Energy Com m ission having “The technical specifications attached as found that: Appendix A to Provisional Operating License S e p t e m b e r 10,1965. a. The application dated A pril 9, 1965, No. DPR-7 are modified by deleting from as supplemented June 15, 1965 and July So that Congress may have an ade­ Subsection V.B.l.b. the following provision: 26,1965, complies w ith the requirem ents quate opportunity to decide whether of the Atomic Energy Act of 1954, as «* * * provided, that, when the core upon the expiration of the licenses for contains any Type II zircaloy clad fuel amended, and the Commission’s regula­ the following-designated projects, the tions set forth in T itle 10, Chapter 1, the reactor shall be depressurized and United States will recapture the projects CFR; reactor power shall be limited to 0.1 b. There is reasonable assurance (1) M w t.’ ” under section 14 of the Federal Power that the reactor can be operated in ac­ Act and that the licensees for the proj­ cordance with the license, as amended, This amendment is effective as of the date ects and others may have adequate notice of issuance. without endangering the health and and opportunity to file timely applica­ safety of the public, and (ii) that such For the Atomic Energy Commission. activities w ill be conducted in com ­ tions for new licenses, public notice is pliance with the rules and regulations R. L. D o a n , hereby given pursuant to § 2.6 of the of the Commission; Director, Commission’s rules (18 CFR 2.6) that the c. The issuance of this amendment Division of Reactor Licensing. will not be inimical to the common de­ licenses issued for the following-desig­ fense and security or to the health and [PH . Doc.- 65-9832; Filed, Sept. 15, 1965; nated and described projects will expire safety of the public; 8:48 a m .] on the dates specified.

Licenses fob P rojects Which Will Expire Between 1966 and 1971, I nclusive, We r e A re Subject to Recapture >

License Proj­ Installa­ Period expiration Licensee ect State County or Town Stream tion Facilities under license of date No. (kilo­ license watts) (years)

July 21,1966.... Pelican Utility Co. 1521 Alaska ...... On Chicagof Island. Unnamed creek__ 500 Diversion dam, flume, tunnel, pen­ 25 stock, powerhouse. Bept. 30,1966... E. L. Cord______1746 Nevada______Esmeralda 200 Diversion dam, conduits, penstock, 5 powerhouse, transmission lines. Apr. 30,1967...., Harvey F. Stelling. 1970 Alaska______Solomon Gulch... 150 Storage dam, diversion dam, flume, 20 penstock, powerhouse, transmis­ sion line. Sept. 29,1967..., Mrs. O. B. Day___ 1946 ____ do______do ...... 200 Diversion dam, penstock, power­ 20 house, transmission line. May if, 1968___. Edible Herring Prod­ 1998 do _ On Baranof Island.. Big Port Walter 300 Diversion dam, wood stave pipe, 20 ucts, Inc. Falls Creek. powerhouse. Aug. 31,1968__ The Empire District 2221 Missouri___ _ . 16,000 Dam and integral powerhouse.____ Electric Co. 10 Sept. 30, 1968.... Calvert Corp_.._.__ _ >1880 Alaska...... 280 Diversion dam, flume, penstock, 25 Dec. 31,1968__ _ powerhouse, transmission line. Pacific Qas & Electric 619 California. Plumas .. 66,000 4 Reservoirs, pipeline, tunnels, pen­ m Co. stock, powerhouse. Do__ •.«.__ Utah Power & Light Co. 1740 Wyoming____ .... 350 Diversion dam, conduit, power­ 25 house, transmission line. Do____ Jardine Mining Co..I... 1878 Montana .. _ Park______880 Diversion dam, ditch, pipeline, 25 powerhouse, transmission line. Dec. 31,1969.___ Margaret P. Dawson.... 1890 California. . Mono . . 250 Diversion dam, pipeline, power­ 25 house, transmission line. Do.____ .... Intercoastal Packing Co. Alaska ...... 2026 On Kodiak Island. . Crater and Ash 150 2 Diversion dams, ditch, flumes, 25 Do...... Creeks. pipeline, powerhouse. The Montana Power Co. 2301 Montana_____ West Rosebudi 10,000 Storage dam, tunnel, pipeline, pen- 7« Creek. stock, powerhouse, transmission line. Apr. 12,1970. The Western Colorado 733 Colorado Ouray Uncompahgre 432 Storage dam, conduit; penstock, 10 Power Co. River.- . ' powerhouse. June 15,1970. Southern- California 372 Tulare . : California____ 1>, 2,000 2 diversion dams, conduits, regu­ 28« Edison Co. - lating reservoir, penstock, power­ June 30,1970. house, transmission line. The Western Colorado 400 Colorado. _ . . . La Plata. San Juan, Animas and South 11,600 Power Co. 4 dams, 3 reservoirs, 3 conduits, 2 35 San Miguel, Fork, San powerhouses, 5 transmission lines. Ouray. > Miguel Rivers. Do., Utah Power & Light Co. 472 Idaho...... Franklin.: 30,000 Storage dam, steel pipe, penstocks, 43tfa powerhouse, transmission line. Do...... do______... __ .... 486 Utah...... Cache 2,000 Diversion dam, wooden flume, 2 43Ma penstocks, powerhouse, trans­ Do., Idaho Power Co. mission line. Do. 503 Idaho ...... Ada and Owyhee. ... Snake River_____ 10,300 Storage dam and powerhouse.-L.;,-.:^ Utah Power & Light Co. 697 Utah...... 42« Big Cottonwood 1,000 Diversion dam, Channel, steel pipe, 43«a Do. Creek. powerhouse, transmission line. .do., 665 —. —do_____... ___ Utah...... Santaquin or 880 Diversion dam, conduit, steel pipe, 48Ha Do. Summit Creek. powerhouse, transmission line. -do. *671 ...... do...... 1,800 3 diversion dams, conduits, pen­ 48M? stock, powerhouse, transmission Do. line. .do. 696 ------do______American Fork 950 Diversion dam, conduit, penstock, 43Jia Do.. Creek. powerhouse, transmission line. .do. 703 Idaho ...... 650 Diversion damy canal, forebay, pen­ 43Ha stock, powerhouse, transmission Do______: Upe. -do_ 713 Utah...... Mill Creek 300 Diversion dam, conduit, penstock, 43«» Do__ ...... powerhouse, transmission line. -do., 1744 David, Morgan, • 2,500 Dam, conduit, powerhouse, 2 trans­ 3 2 « Do...... Weber. mission fines. i" ■■ -v v .: Wisconsin Michigan 1759 Wisconsin...... Michigamme and Power Co., 22,500 3» dams, 3 reservoirs, tunnel, con­ 3 2 « Menominee duits, 3 powerhouses, 2 transmis­ Do. Rivers. sion lines, "SWii New England Power Co. 1855 Vermont, New Windham, Wind­ Connecticut 40,800 Dam, canal, powerhouse, 4 trans­ 3 2 « Hampshire. sor, Vt.; Cheshire, Riyer, mission lines. Do. SuiHvan, N.H. Pennsylvania Power & 1881 Pennsylvania York and Lancaster: Susquehanna 109,800 Dam and. integral powerhouse____ _ 3 2 « Light Co. River. See footnotes at end of table. 11886 NOTICES

L ic e n se s foe P rojects W h ic h W il l E xpire B etw e e n 1066 a n b IOTI, I n c l u s iv e , W h ic h A re S u b j e c t .- to R ecapture— Continued

License Proj- Installa- expiration Licensee ect State County or Town Stream tion Facilities under license of date No. (kilo- license watts) (years

June 30,1970 Metropolitan Edison 1888 Pennsylvania____ Dauphin, Lancaster, Susquehanna 19,600 2 dams, headrace, powerhouse.. 32)4 Co. York. River. Do...... — Western Massachusetts 1889 Vermont, Massa­ Windham, Vt.; Connecticut River . 65,800 2 dams, canals, 2 powerhouses, trans­ 32)4 Electric Co. chusetts, New Franklin, Mass.; mission line. Hampshire. Cheshire, N.H. Do...... New England Power 1892 Vermont, New Orange, Windsor, 32,400 Dam, integral powerhouse, 4 trans­ 32)4 Co. Hampshire. Vt.; Cheshire, mission lines. Grafton, Sullivan, N.H. Do...... Public Service Co. of 1893 New Hampshire.. Hillsboro, Merri- Merrimack River. 16,000 Dam, powerhouse, transmission line.. 32)4 New Hampshire. mack. D o...... South Carolina Electric 1894 South Carolina___ Fairfield______14,900 32)4 & Gas Co. Do...... ____ do______1895 Richland...... do 10,600 32)4 Do...... Pennsylvania Electrio 1899 Pennsylvania____ Susquehanna North Branch 600 32)4 Co. Susquehanna. Do...... Concord Electric C o.__ >1903 New Hampshire.. Merrimack River. 2,000 Dam, canal, powerhouse, 3 transmis­ 32)4 sion lines. Do...... New England Power 1904 Massachusetts, Franklin, Worcester 24,400 Dam, integral powerhouse, 2 trans­ 32)4 Co. Vermont, New Mass.; Windham, River. mission lines. Hampshire. Vt.; Cheshire, N.H. Do— .— — Public Service Co. of 1913 New Hampshire.. Merrimack River. 1,600 32)4 New Hampshire. Do...... Wisconsin Public Serv- 1957 Vilas.— ...... Wisconsin River.. 750 32)4 ice Corp. Do...... Whiting Plover Paper >1967 ____ do______Portage______.... 600 2 dams and part of factory building. 32)4 Co. Do ...... 1968 V—--do.—.i-;— 1,440 • Dam and 2 integral powerhouses___ 32)4 Service Corp. Do ...... 1989 840 . 32)4 D o ...... ____ dO--£—______1999 ____ do______Marathon.______5,400 Dam, integral powerhouse, guard 32)4 locks, 2 transmission lines. Dò...... International Paper Co.. 2095 York...... Susquehanna 2,500 Headrace, powerhouse, parts of 2 32)4 River, factory buildings. Do Consolidated Water 2110 Wisconsin______Wisconsin River.. 3,800 Dam, integral powerhouse, trans­ 32)4 Power Co. mission line. DO ...... 2161 ____ do...... _____ 2,120 32)4 D o...... Consolidated Water >2192 ___ U. Wood and Portage.. ____ do____ _ •____ 3,300 Dam, integral powerhouse, integral 32)4 Power Co. grinder building. Mar. 2,1971...... 13 Albany, Saratoga, Hudson River____ 3,280 50 Rensselaer. D o ...... 67 138,500 2 storage reservoirs, diversion dams, 50 Edison Co. Joaquin River. conduits, 2 powerhouses, trans- mission lines. Mar. 3,1971...... ___ .do*.*...... 120 ...... do...... Fresno, Kern, San Joaquin 110,000 Diversion dam, tunnel, penstock, 48)i Madera, Los River. powerhouse, transmission lines, Angeles. Tulare. JUae 26,1971-i— 82 72,500 50 Sept. 16,1971— 1218 Dougherty and 5,400 2 dams, 2 reservoirs, powerhouse----- 38M Lee. Deo. 2R, 1971, 78 California...... 5,477 Diversion dam. conduit, power­ 50 Co. Alpine. can River. house, transmission line. Dec. 31,1971 .. 1097 90 Diversion dam, canal, penstock, 20 powerhouse, transmission line.

i Section 14 of the Federal Power Act (16 U.S.0.807) reserves the right to the United * This project produces both mechanical and electrical power. The mechanical States to recapture the project works upon expiration of each license listed in this , , power is represented in this figure by an equivalent number of kilowatts of electric table at a price to be determined under that section. power. > Application for surrender of license filed.' ’ .s

L icenses F or Projects Which Will Expire Between 1966 and 1971, I nclusive, Which A re N ot Subject to Recapture 1

License Proj­ Installa­ Period expiration Licensee ect State County or Town Stream tion Facilities under license of date No. (kilo­ license watts) (years)

Dec. 31,1966— 1909 Unnamed creek... 11 Wooden flume, penstock, pipeline, powerhouse, powerlines. , Mar. 6, 1967...... E W L it t le 1823 California . Eldorado ...... Whaler Creek____ 62 Diversion dam, ditch, penstock, powerhouse. 1945 C o lo r a d o ...... Hinsdale______Big Squaw Creek. 8 Diversion dam, conduit, power­ house, powerline. Sept. 9,1967 1963 Purple Creek____ 3 Diversion dam, pipeline, power­ house, transmission line. Oct. 26,1968 1432 On Kodiak Island... Unnamed creek... 75 2 reservoirs, pipeline, 2 ditches, powerhouse. Jan. 10,1969...... 1443 Oregon______Marion : - . . .. Breitenbush 10 Timber dam, flume, powerhouse..~ River. Sept. 8,1969. . 2008 Boulder Creek___ 10 Intake works, ditch, pipeline, house, transmission line. Feb. 28,1970— .. 2353 Id a h o ' ...... North Fork 24 Diversion dam, wood flume, power­ Moose Creek. house, transmission line. May 1, 1970 1299 Alaska______On Kodiak Island. . 1 mile, Vv mile, 50 Diversion dam, flume, 3 pipelines, Packing Co, and unnameid ' generating unit. creeks. May 19,1970...... 1649 Oregon______Curry ___ _ ... Smith Creek_____ 3 Diversion dam, flume, ditch, pen­ stock, powerhouse, transmission line. June 30,1971— Kennecott Copper Corp. 1949 Alaska....^______On Latouche Island. Grouse Creek...... 30 Dam, 2 reservoirs, pipeline, power- plant.

i Section 14 of the Federal Power Act (16 U.S.C. 807), reserving the right to the to be determined under that section, has been waived in each license listed in this United States to recapture the project works upon expiration of the license, at a price table pursuant to section 10(i) of the act (16 U.S.C. 803(i)). Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11887

Recommendations and supporting in­ partly be utilized for such increase in of 1956, a public hearing with respect formation from interested Federal agen­ service. to this application be held, commencing cies, the licensee’s plans and the plans The customers who have requested a October 19, 1965, at 10 a.m. in Room of others for future development of the decrease in their contract demand effec­ 2330, Second Floor, Federal Office Build­ project, and other data concerning the tive as of November 1, 1965, are listed ing (Tower Section), 1961 Stout Street, effects of recapture must be filed with below: Denver, Colo., before a duly designated the Commission within 1 year from the hearing examiner, said hearing to be date of publication of this notice. Ap­ Contract demand conducted in accordance with the plications for new or annual licenses M c f at 15.025 p.s.i,a. Board’s Rules of Practice for Formal must be filed with the Federal Power C u sto m e r Hearings (12 CFR Part 263). Commission, Washington, D.C., 20426 at A u t h o r iz e d R e q u e s te d It is further ordered, That the follow­ least 1 year before the license expires. ing matters will be the subject of con­ Louisville Qas & Electric Co.. 160,000 155,000 sideration at said hearing, without prej­ J. H. G u t r i d e , Arkansas Louisiana Qas C o... 38,590 37,692 udice to the designation of additional Secretary. Western Kentucky Qas Co. (Z o n e 3 )— ______63,000 59,215 related matters and questions upon fur­ [F.R. Doc. 65-9790; Filed, Sept. 15, 1965; Indiana Qas and Water Co., ther examination: 8 :4 5 a . m j In c ______» 83,055 80,000 (1) The financial history and condi­ City of Elizabethtown, K y— 6,270 5,925 Gibson County Utility tion of the bank holding company and D is t r ic t ______« 8,250 7,900 [Docket No. CP64-107] the banks concerned; (2) Their prospects; TEXAS GAS TRANSMISSION CORP. The aggregate difference between the (3) The character of their manage­ contract demands previously authorized ment; Notice of Petition To Amend to be effective November 1, 1965, for the (4) The convenience, needs, and wel­

S e p t e m b e r 9, 1965. six customers and the contract demands fare of the communities and the area concerned; and Take notice that on August 30, 1965, requested by them to be effective on such ( 5 ) Whether the effect of the proposed Texas Gas Transmission Corp. (Peti­ date is 13,433 Mcf. These customers have acquisition would be to expand the size tioner), 3800 Frederica Street, Owens­ advised Petitioner that because of the or extent of the bank holding company boro, Ky., filed in Docket No. CP64-107 a_ installation of péak-shaving equipment, system beyond limits consistent with petition, as supplemented on September the improvement of underground storage adequate and sound banking, the public 2,1965, to amend the order of the Com­ facilities, and other changed circum­ interest, and the preservation of com­ mission issued in said docket on May 26, stances, such previous contract demand petition in the field of banking. 1964, which order authorized the con­ estimates will not be required for the en­ It is further ordered, That any person struction and operation of certain facili­ suing heating season. desiring to give testimony, present evi­ ties and the sale of volumes of gas to Protests or petitions to intervene may dence, or otherwise participate in these certain customers. be filed with the Federal Power Commis­ proceedings should file with the Secre­ By the instant filing, Petitioner seeks sion, Washington, D.C., 20426, in accord­ tary, Board of Governors of the Federal to make additional deliveries of amounts ance with the rules of practice and pro­ Reserve System, Washington, D.C., 20551, in excess of the present authorizations, cedure (18 CFR 1.8 or 1.10) and the on or before October 4, 1965, a written as indicated in the following tabulation: regulations under the Natural Gas Act (157.10) on or before October 7, 1965. request containing a statement of the nature of the petitioner’s interest in the Contract demand M cf at G o r d o n M . G r a n t , proceedings, the extent of the participa­ 15.025 p .s.i.a . Acting Secretary. tion desired, a summary of the matters [F.R. Doc. 65-9804; Filed, Sept. 15, 1965; concerning which petitioner wishes to C u sto m er A u t h o r ­ T o t a l re ­ 8 :4 6 a .m .] ize d for R e ­ q u e ste d give testimony or submit evidence, and 1965-66 q u e ste d for the names and identity of the witnesses b e a tin g increase 1965-66 season h e a tin g who propose to appear. Requests will be season presented to the designated hearing ex­ FEDERAL RESERVE SYSTEM aminer for his determination, and per­ Jackson Utility D ivi­ DENVER U.S. BANCORPORATION, sons submitting them will be notified of sion, C ity o f J ackson , his decision/ T en n______21,811 971 22,782 INC. T ow n of C o v in g to n , Dated at Washington, D.C., this 9th T en n ______4,225 225 4,450 Order for Hearing Town of Halls, T enn... 1,270 150 1,420 day of September 1965. Bells Public Utility In the matter of the application of D istrict______800 175 975 By order of the Board of Governors. Town of Olive Branch, Denver U.S. Bancorporation, Inc., Den­ M is s ______...... 800 85 885 [ s e a l ! K e n n e t h A . K e n y o n , Town of Henning, ver, Colo., pursuant to section 3 of the T en n ______;______370 50 420 Bank Holding Company Act of- 1956 Assistant Secretary. City of Martin, T en n .. 2,225 635 2,860 (Docket No. BH C-73). [FJR. Doc. 65-9792; Füed, Sept. 15, 1965; City of Sou th F u lto n , T en n ______1,225 200 1,425 On July 22, 1965, there was published 8:45 a .m .] Southern Indiana Qas in the F e d e r a l R e g i s t e r (30 F . R . 9189) & Electric C o. . ______60,000 2,000 62,000 Hoosier Qas C o rp ...... 21,300 2,000 23,300 a notice of receipt by the Board of Gov­ Boonville Natural Qas ernors of an application, pursuant to Bt NEW YORK CORP. C o rp ...... 3,455 220 3,675 section 3 (a )(2 ) of the Bank Holding City of Scottsville, K y.. 2,500 150 2,650 Notice of Application for Approval C ity of M o rg a n fie ld , Company Act of 1956 (12 U.S.C. K y ._ ------1,760 760 2,510 1842(a) (2 )), by Denver U.S. Bancorpora­ of Acquisition of Shares of Banks City of Sturgis, K y ..... 1,020 45 1,065 Chandler Natural Qas tion, Inc., Denver, Colo., a registered Notice is hereby given that the Board C o rp ...... : ■ '______875 165 1,040 bank holding company, for the Board’s ^Western Kentucky of Governors of the Federal Reserve Qas Co (Zone 4)______7,700 190 7,890 prior approval of Applicant’s acquisition System has received an application by City of Carrollton, K y.. 3,075 225 3,300 of 50 percent or more of the voting BT New York Corp., New York, N.Y., l he Cincinnati Qas & . shares of the Mercantile Bank & Trust Electric Co ______1,600 480 2,080 pursuant to section 3(a) (1) of the Bank Co., Boulder, Colo. Holding Company Act of 1956 (12 U.S.C. Total increase. 8,716 It appears to the Board that it is 1842(a) (1 )), for the Board’s prior ap­ appropriate in the public interest that a proval of action to become a bank hold­ No new facilities are proposed as a re­ hearing be held with respect to this ing company through acquisition by B T sult of the increase in volumes of gaf application. Accordingly, New York Corp. of all of the voting to be sold to these customers. Petitionei It is hereby ordered, That, pursuant shares of each of the following banks states that facilities constructed to serve to § 222.7(a) of the Board’s Regulation located in the State of New York: the customers listed below as requesting Y (12 CFR Part 222.7(a)), promulgated Bankers Trust Co., New York; First decreases in their contract demand wil under the Bank Holding Company Act Trust Company of Albany, Albany; The No. 179------9 11888 NOTICES

First State Bank of Spring Valley, Spring amount of First Mortgage Bonds, — per­ address, and proof of service (by affi­ Valley (to be the successor by conver­ cent Series due November 1, 1995. The davit or, In case of an attorney at law, sion of The First National Bank of interest rate of the new bonds (which by certificate) should be filed contem­ Spring Valley, Spring Valley); and The will be a multiple of % of 1 percent) and poraneously with the request. At any Fallkill Bank and Trust Co., Pough­ the price, exclusive of accrued interest, time after said date, the application, as keepsie (to be the successor by conver­ to be paid to Jersey Central (which will filed or as it may be amended, may be sion of The Fallkill National Bank and be not less than 100 percent nor more granted forthwith as provided in Rule Trust Co. of Poughkeepsie, Poughkeep­ than 102% percent of the principal 23 of the general rules and regulations sie)." amount thereof) will be determined by promulgated under the Act, or the Com­ In determining whether to approve the competitive bidding. The bonds will mission may grant exemption from such tills application, the Board is required be issued under the Indenture, dated as rules as provided in Rules 20(a) and 100 by said act to take into consideration of March 1,1946, between Jersey Central théreof or take such other action as it the following factors; (1) The financial and First National City Bank, successor may deem appropriate. history and condition of the company Trustee, as heretofore supplemented and and the banks concerned; (2) their amended, and as to be further supple­ For the Commission (pursuant to dele­ prospects; (3) the character of their mented and amended by a Twelfth Sup­ gated authority). management; (4) the convenience, plemental Indenture to be dated as of [ s e a l ] O r v a l L. DtrBois, needs, and welfare of the communities November 1, 1965» Secretary. and the area concerned; and (5) whether The application states that the pro­ or not the effect of such acquisition would [F.R. Doo. 65-9803; Filed, Sept. 15, 1965; ceeds (other than premium, if any, and 8 :4 6 a m . ] be to expand the size or extent of the accrued interest) from the sale of the bank holding company system involved new bonds will be utilized by Jersey Cen­ beyond limits consistent with adequate tral to reimburse its treasury for con­ and sound banking, the public interest, struction expenditures made prior and SMALL BUSINESS and the preservation of competition in subsequent to January 1, 1965. Out of the field of banking. treasury funds as thus reimbursed, Jer­ ADMINISTRATION Not later than thirty (30) days after sey Central will prepay $20 million prin­ [Delegation of Authority 30; San Diego] the publication of this notice in the cipal amount of its then outstanding F e d e r a l R e g i s t e r , comments and views short term bank loans. At June 30,1965, SAN DIEGO REGIONAL AREA regarding the proposed acquisition may such bank loans were outstanding in the Delegation of Authority To Conduct be filed with the Board. Communica­ amount of $14,700,000, and are expected tions should be addressed to the Sec­ to exceed $20 million on the date of is­ Program Activities retary, Board of Governors of the Fed­ suance of the proposed new bonds. Jer­ 1. Pursuant to the authority delegated eral Reserve System, Washington, D.C., sey Central’s construction program for to the Regional Director by Delegation 20551. 1965 is estimated at $56 million. The of Authority No. 30— Pacific Coastal Dated at Washington, D.C., this 9th premium, if any, from the sale of the Area, 30 F.R. 3340 as revised, 30 F.R. day of September 1965. new bonds will be used for payment of 8080; as amended 30 F.R. 8978: expenses of the proposed transaction and The following authority Is hereby By order of the Board of Governors. for general corporate purposes. redelegated to the specific positions as

[ s e a l ] K e n n e t h A . K e n y o n , Fees and expenses incident to the pro­ indicated herein: Assistant Secretary. posed transaction are estimated at $86,- A. [Reserved.] 000, including counsel fees of $13,000 and B. Eligibility determinations (Dele­ [F.R. Doc. 65-9793; Filed, Sept. 15, 1905; 8 :4 5 a m . ] accounting fees of $4,000. The fees and gated to the positions as indicated disbursements of counsel for the under­ below) . To determine the eligibility of writers, to be paid by the successful bid­ applicants for assistance under any pro­ der, will be supplied by amendment. gram of the agency in accordance with SECURITIES AND EXCHANGE The application states that the issue Small Business Administration stand­ and sale of the new bonds are subject ards and policies. to the jurisdiction of the Board of Public C. Chief, Financial Assistance Divi­ COMMISSION Utility Commissioners of New Jersey; sion. 1. [Reserved.] [F ile No. 70-4303] that, although Jersey Central has quali­ 2. Item I.B. (Eligibility Determina­ JERSEY CENTRAL POWER & LIGHT fied to do business in Pennsylvania, it is tions for Financial Assistance only). the position of the Pennsylvania Public 3. To approve business and disaster CO. Utility Commission that the Pennsyl­ loans not exceeding $350,000 (SBA Notice of Proposed Issue and Sale vania Public Utility Law is not applicable share). of First Mortgage Bonds to the proposed transmission; that no 4. To decline business and disaster other State commission has jurisdiction loans of any amount. S e p t e m b e r 10,1965. over the proposed transaction; and that, 5. To disburse unsecured disaster Notice is hereby given that Jersey upon authorization of the proposed loans. Central Power & Light Co. (“Jersey Cen­ transaction by this Commission, no other 6. To enter into business and disaster tral”), Madison Avenue at Punch Bowl Federal commission has jurisdiction in loan participation agreements with Road, Morristown, N.J., 07960, an elec­ respect thereof. bsjiks* tric utility subsidiary company of Gen­ Notice is further given that any inter­ 7. To execute loan authorizations for eral P u b lic Utilities Corporation ested person may, not later than October Washington and area approved loans ( “G PU ”), a registered holding company, 7,1965, request in writing that a hearing and loans approved under delegated au­ has filed an application with this Com­ be held on such matter, stating the na­ thority, said execution to read as follows: mission pursuant to the Public Utility ture of his interest, the reasons for such (N a m e ), Administrator, Holding Company Act of 1935 (“Act”) request, and the issues of fact or law B y ------~ designating section 6(b) of the Act and raised by said application which he de­ (N am e) Rule 50 promulgated thereunder as ap­ sires to controvert; or he may request Title of person signing. plicable to the proposed transaction. All that he be notified if the Commission 8. To cancel, reinstate, modify, and interested persons are referred to the should order a hearing thereon. Any amend authorizations for business or dis- application, on file at the office of the such request should be addressed: Sec­ Commission, for a statement of the retary, Securities and Exchange Com­ 9 To S ie n d the disbursement period transaction therein proposed which is mission, Washington, D.C., 20549. A on all loan authorizations or undisbursea summarized below. copy of such request should be served portions of loans. , , . Jersey Central proposes to issue and personally or by mail (air mail if the per­ 10. To approve, when requested, in sell, pursuant to the competitive bidding son being served is located more than vance of disbursement, conformed copies requirements of Rule 50 promulgated 500 miles from the point of mailing) of notes and other closing documents, under the act, $20 million principal upon the applicant at the above-stated and to certify to the participating ba Thursday, S ep tem b er 16, 1965 FEDERAL REGISTER 11889 that such documents are in compliance HI. The authority delegated herein to copies of notes and other closing docu­ with the participation authorization. a specific position may be exercised by ments; and to certify to the participating 11. To approve service charges by par­ any SBA employee designated as acting bank that such documents are in com­ ticipating bank not to exceed 2 percent in that position. pliance with the participation authoriza­ per annum on the outstanding principal IV. All previously delegated authority tion. balance on construction loans and loans is hereby rescinded without prejudice to 11. To approve service charges by par­ involving accounts receivable and inven­ actions taken under such delegations of ticipating bank not to exceed 2 percent tory financing. authority prior to the date hereof. per annum on the outstanding principal balance on construction loans and loans 12. To take all necessary actions in Effective date. September 3,1965. connection with the administration, involving accounts receivable and inven­ servicing, collection and liquidation of J o h n W. Q t j i m b y , tory financing. all loans and other obligations or assets, Regional Director, 12. To take all necessary actions in including collateral purchased; and to San Diego, Calif. connection with the administration, serv­ icing, collection and liquidation of all do and to perform and to assent to the [F.R. Doc. 65-9794; Filed, Sept. 15, 1965; doing and performance of, all and every 8:45 a j n . ] loans and other obligations or assets, act and thing requisite and proper to including collateral purchased; and to effectuate the granted powers, including do and to perform and to assent to the without limiting the generality of the [Delegation of Authority 30; Denver, Colo., doing and performance of, all and every R e g io n ] foregoing: act and thing requisite and proper to a. The assignment, endorsement, DENVER REGION effectuate the granted powers, including transfer and delivery (but in all cases without limiting the generality of the without representation, recourse or war­ Delegation of Authority To Conduct foregoing: ranty) of notes, claims, bonds, deben­ Program Activities a. The assignment, endorsement, transfer and delivery (but in all cases tures, mortgages, deeds of trust, con­ 1. Pursuant to the Authority dele­ tracts, patents and applications therefor, without representation, recourse or war­ gated to the Regional Director by Dele­ ranty) of notes, claims, bonds, deben­ licenses, certificates of stock and of de­ gation of Authority No. 30— Rocky Moun­ posit, and any other liens, powers, rights, tures, mortgages, deeds of trust, con­ tain Area, 30 P.R. 2741, as amended 30 tracts, patents and applications there­ charges on and interest in or to property P.R. 8080, 8246, the following authority of any kind, legal and equitable, now or for, licenses, certificates of stock and is hereby redelegated to the specific posi­ of deposit, and any other liens, powers, hereafter held by the Small Business tions as indicated herein: Administration or its Administrator; rights, charges on and interest in or to A. Size determinations (delegated to property of any kind, legal and equitable, b. The execution and delivery of con­ the positions as indicated below). To tracts of sale or lease or sublease, now or hereafter held by the Small Busi­ make initial size determinations in all ness Administration or its Administrator; quit-claim, bargain and sale or special cases within the meaning of the Small warranty deeds, bills of sale, leases,-sub­ b. The execution and delivery of con­ Business Size Standards Regulations, as tracts of sale or lease or sublease, quit­ leases, assignments subordinations, re­ amended, and further, to make product leases (in whole or in part) of liens, satis­ claim, bargain and sale or special war­ classification decisions for financial as­ ranty deeds, bills of sale, leases, subleases, faction pieces, affidavits, proofs of claim sistance purposes only. Product classi­ in bankruptcy or other estates and such assignments, subordinations, releases (in fication decisions for procurement pur­ whole or in part) of liens, satisfaction other instruments in writing as may be poses are made by contracting officers. appropriate and necessary to effectuate pieces, affidavits, proofs of claim in bank­ B. Eligibility determinations 4 dele­ ruptcy or other estates and such other the foregoing. gated to the positions as indicated c. The approval of bank applications instruments in writing as may be appro­ below). To determine eligibility of ap­ priate and necessary to effectuate the for use of liquidity privilege under the plicants for assistance under any pro­ loan guaranty plan. foregoing. gram of the Agency in accordance with c. The approval of bank applications D. [Reserved.] Small Business Administration stand­ E. [Reserved.] for use of liquidity privilege under the ards and policies. loan guaranty plan. F. [Reserved.] C. Chief, Financial Assistance Division G. [Reserved.] D. Working Supervisor or Chief, Loan (and Assistant Chief, if assigned). 1. Processing. l.ItëmI.C.3. H. Regional Counsel. To disburse ap­ Item I.A. (Size Determinations for Fi­ proved loans. 2. To decline business and disaster nancial Assistance only.) loans of any amount. ' - I. Administrative Assistant. 1. To 2. Item IB . (Eligibility Determina­ purchase reproductions of loan docu­ 3. Items I.C. 6. through 10. tions for Financial Assistance only.) ments, chargeable to the revolving fund, 4. Item I.A. (Size Determinations for 3. To approve business and disaster requested by United States Attorney in Financial Assistance only). loans not exceeding $350,000 (SBA foreclosure cases. 5. Item I.B. (Eligibility Determina­ share). 2. To (a) purchase all office supplies tions for Financial Assistance only). 4. To decline business and disaster and expendable equipment, including all E. Working Supervisor or Chief, Loan loans of any amount. desk-top items, and rent regular office Administration. 1. To approve the 5. To disburse unsecured disaster equipment; (b) contract for repair and amendments and modifications of loan loans. maintenance of equipment and furnish­ conditions for loans that have been fully 6. To enter into business and disaster e s ; (c) contract for services required disbursed. loan participation agreements with m setting up and dismantling and mov­ 2. Item I.C.12.— Only the authority for ing SBA exhibits and (d) issue Govern­ banks. servicing, administration and collection, ment bills of lading. 7. To execùte loan authorizations for including subitems a and b. Washington and Area approved loans 3. In connection with the establish­ 3. Item I_A. (Size Determinations for and loans approved under delegated au­ ment of Disaster Loan Offices, to (a) Financial Assistance only). thority, said execution to read as follows: obligate Small Business Administration 4. Item I.B. (Eligibility Determinations to reimburse General Services Adminis­ (N a m e ), Administrator, for Financial Assistance only). tration for the rental of office space; B y F. Working Supervisor or Chief, Loan (N a m e ) (b) rent office equipment; and (c) pro­ Liquidation. Item I.C.12.— Only the au­ cure (without dollar limitation) emer- Title of person signing. gency supplies and materials. thorization for liquidation, including col­ 8. To cancel, reinstate, modify, and lateral purchased, and subitems a and b. 4. To rent motor vehicles from the amend authorizations for business or G. [Reserved] General Services Administration and to disaster loans. H. Chief, Procurement and Manage­ rent garage space for the storage of such 9. To extend the disbursement period vehicles when not furnished by this on all loan authorizations or undis­ ment Assistance. 1. Item I.A. (Size De­ Administration. bursed portions of loans. terminations on PM A Activities only). IT- The authority delegated herein 10. To approve, when requested, in 2. Item I.B. (Eligibility Determina­ cannot be redelegated. advance of disbursement, conformed tions on PMA Activities only). 11890 NOTICES

1. Regional Counsel. To disburse ap­ from domestically produced tufted floor riers, between points in middle Atlantic proved loans. coverings. and New England territories, on the one J. Administrative Officer. 1. To pur­ The Commission’s report was sub­ hand, and points in central states, mid- chase reproductions of loan documents, mitted to the President in accordance dlewest and southwestern territories, on chargeable to the revolving fund, re­ with section 351(d) (1) of the Trade Ex­ the other. quested by United States Attorney in pansion Act of 1962, which provides Grounds for relief— Motortruck com­ foreclosure cases. that— petition. 2. To (a) purchase all office supplies So long as any increase in, or imposition Tariff— Supplement 3 to Eastern Cen­ and expendable equipment, including of, any duty or other import restriction pur­ tral Motor Carriers Association, Inc., all desk-top items, and rent regular suant to this section or pursuant to section agent, tariff MF-I.C.C. A-230. office equipment; (b) contract for repair 7 of the Trade Agreements Extension Act of FSA No. 40015— Joint Motor-Rail and maintenance of equipment and fur­ 1951 re m a in s in effect, th e T a riff C o m m issio n Rates— Eastern Central. Filed by the nishings; (c) contract for services re­ shaU keep under review developments with Eastern Central Motor Carriers Associa­ quired in setting up and dismantling and respect to the industry concerned, and shall make annual reports to the President con­ tion, Inc,, agent (No. 267), for interested moving SB A exhibits and (d) issue Gov­ cerning such developments. carriers. Rates on commodities moving ernment bills of lading. on class and commodity rates over joint 3. In connection with the establish­ Under the escape-clause procedure of routes of applicant rail and motor car­ ment of Disaster Loan Offices, to (a) the Trade Agreements Extension Act of riers, between points hr middle Atlantic obligate Small Business Administration 1951, the President increased the rate of and New England territories, on the one to reimburse General Services Admin­ duty applicable to imported Wiltons and hand, and points in central states, mid- istration for the rental of office space; velvets from 21 percent to 40 percent ad dlewest, and southwestern territories, on (b ) rent office equipment; and (c) pro­ valorem, effective June 18, 1962. The the other. cure (without dollar limitation) emer­ report submitted today is the third an­ Grounds for relief—Motortruck com­ gency supplies and materials. nual report involving Wiltons and velvets petition. 4. To rent motor vehicles from the since the President’s action. Tariff— Supplement 3 to Eastern Cen­ General Services Administration and to Copies of the Commission’s report (the tral Motor Carriers Association, Inc., rent garage space for the storage of release of which was authorized by the agent, tariff MF-I.C.C. A-230. such vehicles when not furnished by this President) are available upon request FSA No. 40016— Joint Motor-Rail Administration. ' as long as the limited supply lasts. Re­ Rates— Eastern Central. Filed by the II. The authority delegated hereinquests should be addressed to the Secre­ Eastern Central Motor Carriers Associa­ cannot be redelegated. tary, U.S. Tariff Commission, 8th and E tion, Inc., agent (No. 268), for interested m . The authority delegated herein to Streets N W „ Washington, D.C., 20436. carriers. Rates on commodities moving a specific position may be exercised by By direction of the Commission. on class and commodity rates over joint any SBA employee designated as acting routes of applicant rail and motor car­ in that position. ~ [ s e a l ! D o n n N. B e n t , riers, between points in middle Atlantic IV. All previously delegated authority Secretary. and New England territories, on the one is hereby rescinded without prejudice [Fit. Doc. 65-9823; Filed, Sept. 15, 1965; hand, and points in central states, mid- to actions taken under such delegations 8 :4 7 a j n . ] dlewest, and southwestern territories, on of authority prior to-the date hereof. the other. Effective date. June 3, 1965. Grounds for relief— Motortruck com­ petition. L a c y L . W i l k i n s o n , INTERSTATE COMMERCE Tariff— Supplement 3 to Eastern Cen­ Regional Director, tral Motor Carriers Association, Inc., Denver, Colo. COMMISSION agent, tariff MF-I.C.C. A-230. FSA No. 40017— Joint Motor-Rail [FU. Doc. 65-9795; Filed, Sept. 15, 1965; FOURTH SECTION APPLICATIONS 8 :4 5 a .m .} Rates— Eastern Central. Filed by the FOR RELIEF Eastern Central Motor Carriers Associa­ tion, Inc., agent (No. 269), for interested S e p t e m b e r 13,1965. carriers. Rates on commodities moving TARIFF COMMISSION Protests to the granting of an applica­ on class and commodity rates over joint tion must be prepared in accordance with routes of applicant rail and motor car­ WILTON AND VELVET CARPETS AND Rule 1.40 of the general rules of practice riers, between points in middle Atlantic RUGS (49 CFR 1.40) and filed within 15 days and New England territories, on the one from the date of publication of this notice hand, and points in central states, mid- Report to President in the F e d e r a l R e g i s t e r . dlewest, and southwestern territories, on

L o n g - a n d -S h o r t H a u l the other. S e p t e m b e r 13,1965. Grounds for relief— Motortruck com­ The Tariff Commission, in a report to FSA No. 40013— Joint Motor-Rail petition. the President on recent developments in Rates— Eastern Central. Filed by the Tariff— Supplement 3 to Eastern Cen­ the trade in Wilton and velvet carpets Eastern Central Motor Carriers Associa­ tral Motor Carriers Association, Inc., and rugs, observed today that the basic tion, Inc., agent (No. 266), for interested agent, tariff MF-I.C.C A-230. trends evident in the past several years carriers. Rates on commodities moving FSA No. 40018— Joint Motor-Rail have continued, most notably the shift in on class and commodity rates over joint Rates— Eastern Central. Piled by the consumer demand toward tufted carpets routes of applicant rail and motor car­ Eastern Central Motor Carriers Associa­ and away from woven carpets, including riers, between points in middle Atlantic tion, Inc., agent (No. 270), fo r interested Wiltons and velvets. There has been and New England territories, on the one carriers. Rates on commodities moving a further reduction in and consolida­ hand, and points in central states terri­ on class and commodity rates over joint tion of Wilton and velvet production tory, on the other. routes of applicant rail and motor car­ Capacity in the United States and a con­ Grounds for relief— Motortruck com­ riers, between points in middle Atlantic current expansion of the facilities for petition. and New England territories, on the one producing tufted carpets. Much of the Tariff— Supplement 3 to Eastern Cen­ hand, and points in central states ter­ increased tufting capacity is accounted tral Motor Carriers Association, Inc., ritory, on the other. for by concerns that produce Wiltons agent, tariff MF-I.C.C. A-230. Grounds for relief— Motortruck com­ and velvets? ‘: v FSA No. 40014— Joint Motor-Rail petition. Annual imports of Wiltons and vel­ Rates— Eastern Central. Filed by the Tariff— Supplement 3 to Eastern Cen­ vets into the United States have de­ Eastern Central Motor Carriers Associa­ tral Motor Carriers Association, Inc., clined markedly since 1961. Several of tion, Inc., agent (No; 265), for interested agent, tariff MF-I.C.C. A-230. the firms that have been the chief im­ carriers. Rates on commodities moving FSA NOi A0019-*-Joint Motor-Ran porters of Wiltons and velvets now de­ on class and commodity rates over joint Rates— Eastern Central. Filed by the rive most of their carpet sales volume routes of applicant rail and motor car­ Eastern Central Motor Carriers Associa- Thursday, S ep tem ber 16, 1965 FEDERAL REGISTER 11891 tion, Inc., agent (No. 271), for interested [Piahler’s Order 190; 2d Rev. S.O. 562] Issued at Washington, D.C., September carriers. Rates on commodities moving 10, 1965. on class and commodity rates over joint RAILROADS SERVING LOUISIANA Interstate Commerce routes of applicant rail and motor car­ AND MISSISSIPPI Commission, riers, between points in middle Atlantic [ seal] R. D. P fahler, and New England territories, on the one Diversion and Rerouting of Traffic Agent. hand, and points in central states, mid- In the opinion of R. D. Pfahler, agent, [FJt. Doc. 65-9830; Filed, Sept. 15, 1965; dlewest and southwestern territories, on railroads serving the States of Louisiana 8:48 aju.] the other. and Mississippi are unable to transport Grounds for relief— Motortruck com­ traffic routed over their lines because of [Notice 47] petition. flood conditions. Tariff—Supplement 3 to Eastern Cen­ It is ordered, That: MOTOR CARRIER TEMPORARY tral Motor Carriers Association, Inc., (a) Rerouting of traffic: Railroads AUTHORITY APPLICATIONS agent, tariff MF-I.C.C. A-230. serving the States of Louisiana and Mis­ S e p t e m b e r 13,1965. PSA NO. 40020— Joint Motor-Rail sissippi being unable to transport traffic Rates—Eastern Central. Piled by the in accordance with shippers routing be­ The following are notices of filing of Eastern Central Motor Carriers Associa­ cause of flood conditions are hereby au­ applications for temporary authority tion, Inc., agent (No. 272), for interested thorized to divert and reroute such traffic under section 210a(a) of the Interstate carriers. Rates on commodities moving over any available route to expedite the Commerce Act provided for under the on class and commodity rates over joint movement regardless of the routing new rules in Ex Parte No. MC 67 (49 routes of applicant rail and motor car­ shown on the waybill. The billing cover­ CFR Part 240), published in the F ederal riers, between points in middle Atlantic ing all such cars rerouted shall carry a R egister, issue of April 27, 1965, effec­ and New England territories, on the one reference to this order as authority for tive July 1, 1965. These rules provide that protests to the granting of an ap­ hand, and points in middlewest and the rerouting. southwestern territories, on the other. (b) Concurrence of receiving roads to plication must be filed with the field Grounds for relief— Motortruck com­ be obtained: The railroad desiring to official named in the Federal R egister petition. ' divert or reroute traffic under this order publication, within 15 calendar days Tariff—Supplement 3 to Eastern Cen­ shall confer with the proper transporta­ after the date notice of the filing of the tral Motor Carriers Association, Inc., tion officer of the railroad to which such application is published in the F ederal agent, tariff MF-I.C.C. A-230. traffic is to be diverted or rerouted, and R egister. One copy of such protests must be served on the applicant, or its By the Commission. shall receive the concurrence of such other railroad before the rerouting or di­ authorized representative, if any, and [seal] H. N eil G arson, the protests must certify that such serv­ Secretary. version is ordered. (c) Notification to shippers : Each car­ ice has been made. The protest must be [F.R. Doc. 65-9828; Piled, Sept. 15, 1965; rier rerouting cars in accordance with specific as the service which such pro- 8:47 aon.] this order shall notify each shipper at testant can and will offer, and must the time each car is rerouted or diverted consist of a signed original and six (6) and shall furnish to such shipper the copies. [Notice No. 46] new routing provided under this order. A copy of the application is on file, and can be examined, at the Office of the FINANCE APPLICATIONS (d) Inasmuch as the diversion or re­ routing of traffic by said agent is deemed Secretary, Interstate Commerce Com­ mission, Washington, D.C., and also in September 13,1965. to be due to carrier’s disability, the rates applicable to traffic diverted or rerouted the Field Office to which protests are to The following publications are gov­ be transmitted. erned by the Interstate Commerce Com­ by said agent shall be the rates which mission’s general requirements govern­ were applicable at the time of shipment M otor Carriers of P roperty on the shipments as originally routed. ing notice of filing of applications under No. MC 531 (Sub-No. 196 T A ), filed (e) In executing the directions of the sections 20a except (12) and 214 of the September 10, 1965. A p p lican t: Commission and of such agent provided Interstate Commerce Act. The Commis­ YOUNGER BROTHERS, INC., 4904 for in this order, the common carriers sion’s order of May 20, 1964, providing Griggs Road, Post Office Box 14287, involved shall proceed even though no for such publication of notice, was pub­ Houston, Tex., 77021. Applicant’s repre­ contracts, agreements, or arrangements lished in the Federal R egister issue of sentative: Wray E. Hughes (same ad­ now exist between them with reference July 31,1964 (29 P.R. 11126), and became dress as above). Authority sought to to the divisions of the rates of transpor­ effective October 1, 1964. operate as a common carrier, by motor tation applicable to said traffic; divisions, All hearings and prehearing confer­ vehicle, over irregular routes, transport­ shall be, during the time this order re­ ences, if any, will be called at 9:30 a.m., ing: Edible vinegar, in bulk, in tank mains in force, those voluntarily agreed vehicles, from Oakland, Calif., to Chi­ U.S. standard time unless otherwise upon by and between said carriers;, or specified. cago, 111., for 180 days. Supporting ship­ upon failure of the carriers to so agree, P.D. No. 23803— By application filed pers: Standard Brands, Inc., Fleisch- said divisions shall be those hereafter mann Manufacturing Division (Ver­ September 7, 1965, -Central Wisconsin fixed by the Commission in accordance Motor Transport Co., Post Office Box 200, non R. Kennerson, Manager, Vinegar with pertinent authority conferred upon Sales), 921 98th Avenue, Oakland 3, Wisconsin Rapids, Wis., seeks authority it by the Interstate Commerce Act. Calif. Send protests to: John C. Redus, under section 214 of the Interstate Com­ (f ) Effective date : This order shall be­ District Supervisor, Bureau of Opera­ merce Act to issue notes in the aggre­ come effective at 4 p.m., September 10, tions and Compliance, Interstate Com­ gate amount of $5,500,000. Applicant’s 1965. merce Commission, Post Office Box 61212, attorney: Jack Goodman, Axelrod, (g) Expiration date: This order shallHouston, Tex., 77061. Goodman & Steiner, 39 South La Salle expire at 11:59 p.m., September 30, 1965, No. MC 531 (Sub-No. 197 TA), filed September 10, 1965. Applicant: Street, Chicago, 111., 60603. Protests unless otherwise modified, changed, sus­ YOJNGER BROTHERS, INC., 4904 must be filed no later than 15 days pended, or annulled. Griggs Road, Post Office Box 14287, from date of publication in the Federal It is further ordered, That this order Register. Houston, Tex., 77021. Applicant’s rep­ shall be served upon the Association of resentative: Wray E. Hughes (same ad­ By the Commission. American Railroads, Car Service Divi­ dress as applicant). Authority sought sion, as agent of all railroads subscribing to operate as a common carrier, by motor *-SEAIjl H. N eil G arson, to the car service and per diem agree­ vehicle, over irregular routes, transport­ Secretary. ment under the terms of that agreement ing: Mexican Tequila, in bulk, in tank IF.R. Doc. 65-9829; Piled, Sept. 15, 1965; and by filing it with the Director, Office vehicles, from the Port of Entry between 8:47 a.m.] of the Federal Register. the United States and Mexico, at or near 11892 NOTICES

San Ysidro, Calif., to Hartford, Conn., Scott City, Sikeston, and West Plains, for 150 days. Supporting shippers: Mo., for 150 days. Supporting shippers: DEPARTMENT OF COMMERCE Heublein, Inc. (Henry J. Rogers, Direc­ The Welch Grape Juice Co., Westerfield, tor of Traffic), 330 New Park Avenue, N.Y. Send protests to: Ellis L. Annett, Maritime Administration Hartford, Conn.» 06101. Send proteste District Supervisor, Bureau of Operations [Trade Route 28] to: John C. Redus, District Supervisor, and Compliance, Interstate Commerce Bureau of Operations and Compliance, Commission, 227 Federal Office Building, U.S. PACIFIC COAST/SOUTHWEST Interstate Commerce Commission, Post Des Moines, Iowa, 50309. ASIA Office Box 61212, Houston, Tex., 77061. No. MC 113094 (Sub-No. 14 T A ), filed Notice of Conclusions and Determi­ No. MC 66562 (Sub-No. 2118 T A ), filed September 10, 1965. Applicant: R. A. September 9, 1965.: Applicant: R AIL­ GOULD, INC., Post Office Box 822, Moab, nations Regarding Essentiality and WAY EXPRESS AGENCY, INCORPO­ Utah, 84532. Applicant’s representative: U.S. Flag Service Requirements RATED, 219 East 42d Street, New York, Owen O. Victor, Post Office Box 1171, Salt Notice is hereby given that on Sep­ N.Y., 10017. Applicant’s representative: Lake City, Utah, 84110. Authortiy sought tember 3, 1965, the Acting Maritime Ad­ Elmer P. Slovacek, Railway Express to operate as a common carrier, by motor ministrator acting pursuant to section Agency, Inc., Suite 2800, 188 Randolph vehicle, over irregular routes, transport­ 211 of the Merchant Marine Act, 1936, Tower, Chicago, HI., 60601. - Authority ing : General commodities, except those as amended, found and determined the sought to operate as a common carrier, of unusual value, Class A and B explo­ essentiality and United States flag serv­ by motor vehicle, over regular routes, sives, household goods as defined by the ice requirements of United States foreign transporting: General commodities, in­ Commission, petroleum products, in bulk, Trade Route No. 28 and ordered that the cluding Class A and B Explosives, mov­ and commodities requiring the use of following conclusions and determina­ ing in express service, from Kansas City, special equipment, between Salt Lake tions reached by the Maritime Adminis­ Mo., on U.S. Highway 73 to intersection City, Utah, and Montrose, Colo., as a new trator with respect to said trade route of U.S. Highway 159; U.S. Highways interline point with interchange of be published in the F e d e r a l R egister. 159 and 73 to Palls City, Nebr., U.S. through sealed trailers moving between 1. Trade Route No. 28 as described Highway 73 to intersection of UJS. High­ Salt Lake City, Utah, and Denver, Colo., below is affirmed as an essential foreign/ way 75; thence U.S. Highways 73 and in a similar manner and in lieu of the trade route of the United States: 75 to Omaha, Nebr., a distance of service now being performed via, Rico, 221.6 miles and return over the same Colo., in connection with the following Trade Route No. 28— U.S. Pacific Coast/ route* serving intermediate points of routes between Salt Lake City, Utah, and Southwest Asia Leavenworth, Port Leavenworth, Atchi­ Rico, Colo., (a) UJS. Highway 50, UJS. Between XJ.S. Pacific ports (California, son, and Hiawatha, Kans., Falls City, Highway 160, Colorado Highway 147, Washington, and Oregon) and ports in Auburn, and Nebraska City, Nebr., for Colorado Highway 145-via Dolores, Colo., Southwest Asia from Suez to Burma, inclu­ 150 days. Supporting shippers: There sive, and in Africa on the Red Sea and Gull (b) U.S. Highway 50, U.S. Highway 160, of Aden. are 16 supporting shippers’ statements, Utah Highway 46, Colorado Highway 90, which may be examined at the offices Colorado Highway 145-via Placerville, 2. U.S. flag sailing requirements for of Interstate Commerce Commission, Colo., (c) UJS. Highway 50, U.S, Highway liner service on Trade Route No. 28 are Washington, D.C. Send protests to: 550, Colorado Highway 62, Colorado approximately one sailing per month Stephen P. Tomany, District Supervisor, Highway 145-via Montrose, Colo., for 150 with freight ships providing service pre­ Bureau of Operations and Compliance, days. Supporting shippers: Applicant’s dominantly to the India, Pakistan, and Interstate Commerce Commission, 346 statement only. Send protests to: John Ceylon area of the route with some addi­ Broadway, New York, N.Y., 10013. T. Vaughan, District Supervisor, Bureau tional UJS. flag sailings serving the route No. MC 111201 (Sub-No. 3 T A ), filed of Operations and Compliance, Interstate in conjunction with other services, Commerce Commission, 2224 Federal 3. Existing C-3 type freight ships are September 9, 1965. Applicant: J. N. Building, Salt Lake City, Utah, 84111. suitable for interim operation on Trade ZELLNER & SON TRANSFER COM­ No. MC 127557 TA, filed Septem­ Route No. 28 pending their replacement PANY, 110 South Martin Street, Post ber 9, 1965. Applicant: COMMERCIAL with freight ships of superior speed and Office Box 544, East Point, Ga. Appli­ TRANSPORTATION, INC., 833 Warner greater cargo carrying capacity. cant’s representative: Monty Schu­ Street SW., Atlanta, Ga., 30310. Appli­ Dated: September 8, 1965. macher, 1375 Peachtree Street NE., cant’s representative: Virgil H. Smith, Suite 693, Atlanta 9, Ga. Authority Suite 236, Title Building, Atlanta, Ga., By order of the Acting Maritime Ad­ sought to operate as a common carrier, 30303. Authority sought to operate as ministrator. by motor vehicle, over irregular routes, a common carrier, by motor vehicle, over J a m e s S. D a w s o n , Jr., Secretary. transporting : Glass containers and clo­ irregular routes, transporting: Malt bev­ erages, ale, beer, beer tonic, porter and sures, on flat bed trailers, from Forest [F.R. Doc. 65-9826; Filed, Sept. 15, 1965; stout, in kegs and in bottles, or cans, in 8:47 a.m.] Park and Hapeville, Ga., to points in packages, from Peoria, HI., South Bend, Alabama, Tennessee, North Carolina, Ind., Norfolk, Va., Newark, N.J., St. Office of the Secretary South Carolina, Florida, Mississippi, Louis, Mo., Milwaukee, Wis., to points in Kentucky, and Virginia, and returned or Georgia, and returned shipments of [Dept. Order 5] rejected shipments, on return, for 180 empty bottles, kegs, and containers, on ASSISTANT SECRETARY OF COM­ return, for 180 days. Supporting ship­ days. Supporting shippers : Knox Glass, MERCE AND DIRECTOR OF ECO­ Inc., Knox, Pa.; and Owens-Illinois, pers: Morris Beer Distributing Co., 110 NOMIC DEVELOPMENT Toledo, Ohio, 43601. Send protests to: West Street, Albany, Ga.; Southern Sales Co., W & T Depot Building, Dublin, Ga. ; William L. Scroggs, District Supervisor, Delegation of Authority Classic City Beverages, Inc., Post Office Bureau of Operations and Compliance, Box 549, Athens, Ga.; A. B. Beverage Co., The following order was issued by the Interstate Commerce Commission, 680 Inc., 1103 Talcot Street Extension, Au­ Secretary of Commerce effective Sep­ West Peachtree Street NW., Room 300, gusta, Ga. Send protests to: William L. tember 1, 1965. Atlanta, Ga., 30308. Scroggs, District Supervisor, Bureau of S e c t io n 1. Purpose. The purpose of No. MC 112148 (Sub-No. 37 T A ), filed Operations and Compliance, Interstate this order is to designate the title o f the September 9, 1965. Applicant: JAMES Commerce Commission, 680 West Peach­ Assistant Secretary of Commerce and H. POWERS, INC., Melbourne, Iowa. tree Street NW., Room 300, Atlanta, Ga., Director of Economic Development and Applicant’s representative: William A. 30308. to prescribe the scope of his authority, Landau, Des Moines, Iowa. Authority functions, duties, and responsibilities. By the Commission. sought to operate as a common carrier, S e c . 2. Administrative designation. by motor vehicle, over irregular routes, [ s e a l ] H . N e il G a r s o n , The position of Assistant Secretary of transporting: Foodstuffs, from Lawton, Secretary. Commerce, established by Title VI o Mich., to Cape Girardeau, Hazelwood, [F.R. Doc. 65-9872; Filèd, Sept. 15, 1965; the Public Works and Economic D evelo p ­ Mexico, Poplar Bluff, St. Louis, Salem, 8:50 am.] ment Act of 1965 ( P i . 89—136), is hereby Thursday, September 16, 1965 FEDERAL REGISTER 11893

designated as the Assistant Secretary of e. Approve regulations issued by the penses of each regional commission ac­ Commerce and Director of Economic Office of Appalachian Assistance and any cording to the provisions of section Development (hereinafter called the general arrangements entered into by 505(b) ; and “Assistant Secretary”). The Assistant the Office of Appalachian Assistance with i. Approve, prior to issuance by the Secretary is appointed by the President the Appalachian Regional Commission Administrator, the rules, regulations, by and with the advice and consent of or with other public or private organiza­ and procedures required by the Act or the Senate. tions for the making of grants or the pro­ otherwise deemed necessary for. carry­ Sec. 3. Scope of Authority. .01 The vision of funds, pursuant to section 302 ing out the functions, powers, duties, Assistant Secretary shall serve as the of this Act. and authorities delegated to the Ad­ principal adviser to the Secretary of .05 The Assistant Secretary may re­ ministrator for Economic Development Commerce on matters concerning the delegate any authority conferred on him except those internal orders not required economic development of States, regions, by this order to any officer reporting to be issued to the public. areas, districts, centers, and communi­ to him, subject to such conditions in the .04 With respect to the Appalachian ties in the United States. He shall also exercise of such authority as he may Regional Development Act, the Assist­ serve as adviser to other Departmental prescribe. ant Secretary shall provide for adequate coordination of activities of the Depart­ officials with respect to such matters. Sec. 4. Duties and responsibilities. .01 ment of Commerce under this Act, both .02 The Assistant Secretary shall ex­ The Assistant Secretary shall provide internally and in dealings with the Fed­ ercise policy direction and general super­ policy direction and general supervision eral Development Committee for Appa­ vision of the Economic Development Ad­ over, and coordinate the development of, lachia, the Appalachian Regional Com­ ministration and, when they are estab­ any new programs, activities, or organi­ mission, and the other Federal agencies lished, the Office of Regional Economic zations dealing with regional or other conducting programs of assistance to Development and the Office of Appala­ aspects of economic development as may the Appalachian region. In so doing, he chian Assistance. be assigned to the Department. shall: .03 Pursuant to the authority vested .02 The Assistant Secretary shall ap­ a. Represent the Secretary on the in the Secretary of Commerce by the praise the need for new Commerce activ­ Federal Development Committee for Ap­ Public Works and Economic Develop­ ities to stimulate economic development, palachia, to which he may designate one ment Act of 1965 (P.L. 89-136) and oth­ alleviate poverty, and promote economic or more alternate members to act in his erwise by law, and subject to such poli­ opportunity, and shall arrange for ap-. stead, and otherwise act to carry out cies and directives as the Secretary of propriate study of legislative and pro­ the requirements of Executive Order Commerce shall prescribe, the Assistant grammatic requirements to meet such 11209 of March 25,1965; Secretary is hereby delegated the author­ needs including the financial, manpower b. Act to formally resolve any policy ity to perform the functions vested in and organizational resources required to or program problems which may arise the Secretary of Commerce by Title V, bring such neèded activities into exist­ including coordinating the Federal co- ence. between the Commission, its Federal Co- chairman, and sections 301(e) and 603 of .03 With respect to the Public Works chairman, the Committee, or other Fed­ this Act and such other functions as the and Economic Development Act of 1965, eral agencies, and organizational units Secretary may prescribe under this Act. the Assistant Secretary shall: of the Department; and .04 Pursuant to the authority vested a. Establish the group to study the c. Perform such other functions as in in the Secretary of Commerce by the Ap­ effect of Government procurement, sci­ his judgment are necessary to carry out palachian Regional Development Act of entific, technical, and other related poli­ the Department’s responsibilities under 1965 (PJj. 89-4) and otherwise by law, cies upon regional economic development the Act or the Executive Order. and, subject to such policies and direc­ as required by section 301(e) with the tives as the Secretary of Commerce shall understanding that the report of such Effective date, September 1,1965. prescribe, the Assistant Secretary shall: study group will be forwarded to the D avid R. B aldw in, a. Exercise the authority of the Secre­Congress by the Secretary: Assistant Secretary tary of Commerce under section 201 of b. Designate ‘‘economic development for Administration. the Appalachian Regional Development regions” within the United States ac­ Act of 1965 (P.L. 89-4), to approve in [FU. Doc. 65-9838; Filed, Sept. 15, 1965; cording to the provisions of section 501; 8:48 a.m.] whole or in part, or to require modifica­ c. Determine whether the State of tions or revisions of, the recommenda­ Hawaii or the State of Alaska meets the tions of the Appalachian Regional Com­ requirements for an economic develop­ mission with respect to general corridor ment region and establish commissions locations and termini of development for either of them if it is so determined, FEDERAL COMMUNICATIONS highways, designation of local access as authorized by section 502(f) ; roads to be constructed, priorities for d. Invite and encourage the States COMMISSION construction of local access roads and of wholly or partially within “economic de­ [Docket Nos. 16107, 16108; FCC 65M-1162] major segments of the development velopment regions” to establish multi­ highways, and other criteria for the pro­ state regional commissions, according to ALABAMA MICROWAVE, INC. gram as authorized by section 201 of this the provisions of section 502 ; Act, including approval of any general e. Establish liaison with each regional Order After Prehearing Conference lormulas for the allocation of total mile­ commission, coordinate the activities of In re applications of : Alabama Micro- age of overall financial authorizations the Federal cochairman, receive the among the Appalachian States; wave, Inc., Docket No. 16107, File No. recommendations made by the commis­ 5404- C1-P-64; for a construction permit . m Determine whether and the extent sions, and take all other necessary and to establish additional facilities at li­ to which the provisions of Title 23, United appropriate actions to carry out the pro­ States Code, and regulations issued pur­ visions of sections 503 and 601(a) ; censed Station KJJ57, a facility in the suant thereto, are not inconsistent with f. Encourage each regional commis­ Domestic Public Paint-to-Point Micro- the activities authorized by section 201 sion, in developing recommendations and wave Radio Service at Capshaw Moun­ °f this Act; priorities for programs and projects for tain, Ala.; Docket No. 16108, File No. c. Establish any requirements, make future regional economic development, to 5405- C1-P-64; for a construction per­ any determinations, and issue any addi- mit to establish a new radio station in lonal regulations otherwise necessary to follow procedures that will insure con­ the Domestic Public Point-to-Point arry out the provisions of section 201 of sideration of all the factors listed in sec­ this Act; tion 504 ; Microwave Radio Service near Rogers- ville, Ala. w>o’i^?pr0ve allocation of funds and g. Arrange for the provision of techni­ fiml- ons necessary to carry out the cal assistance to the regional commis­ The Hearing Examiner having under thTCn or responsibilities assigned to sions which would be useful in carrying consideration the prehearing conference ® Department by this Act prior to is* out their functions under the Act, as in the above-entitled proceeding held

[Docket No. 16124; POO 65M-1169] was scheduled for September 24, 1965, is WEST CENTRAL OHIO continued to September 27,1965, and will BROADCASTERS, INC. be held in the offices of the Commission, Washington, D.C., commencing at 10 a.m. Order Continuing Hearing Released: September 10,1965. In re application of West Central Ohio Broadcasters, Inc., Xenia, Ohio, Docket F e d e r a l C ommunications No. 16124, File No, BP-15468; for con­ C o m m i s s i o n , struction permit. [ s e a l ] B e n F . W a p l e , It is ordered, This 10th day of Septem­ Secretary. ber 1965, that the hearing in the above- [F.R. Doc. 65-9853; Piled, Sept. 15, 1965; entitled proceeding, which heretofore 8:50 a.m .] MEXICAN BROADCAST STATIONS Change in Assignment S e p t e m b e r 7, 1965. Notification under the provisions of Part m , Section 2 of the North American Regional Broadcasting Agreement. List of changes, proposed changes and corrections in assignments of Mexican Broadcast Stations modifying the appendix containing assignments of Mexican Broadcast Stations (Mimeograph 4721-6) attached to the Recommendations of the North American Regional Broadcasting Agreement Engineering Meeting, January 30,1941. Mexican Change L ist

S c h e d ­ Expected date of C all letters Location Power kw A n t e n n a u le C la ss commencement of operation

690 kilocycles X E T R A (change in Tijuana, Baja Califor­ 50 k w ...... D A - 2 Ü I-B * coord in ates a n d n ia. nighttime direc­ tional antenna s y ste m ).

PC C N o t e : By letter dated August 10, 1965, the Inter-American Radio Office of the Pan American Union states that a telegram has been received from Mexico advising that the Mexican Administration desires to notify the above assignment which is to be included in the next M exican Change List. F e d e r a l C ommunications C o m m i s s i o n , [ s e a l ] B e n F . W a p l e , Secretary. [P.R. Doc. 65-9848; Piled, Sept. 15,1965; 8:50 ajn .]

MEXICAN BROADCAST STATIONS Change in Assignment S e p t e m b e r 8, 1965. Notification under the provisions of part in , section 2 of the North American Regional Broadcasting Agreement. List of changes, proposed changes and corrections in assignments of Mexican Broadcast Stations modifying the appendix containing assignments of Mexican Broadcast Stations (Mimeograph 4721-6) attached to the Recommendations of the North American Regional Broadcasting Agreement Engineering Meeting, Jan­ uary 30,1941. Mexican Change L ist

S c h e d ­ E x p e c te d d a te o f Call letters L o c a tio n P o w e r k w A n t e n n a u le C la ss commencement of operation

1S00 kilocycles X E H U (increase Martinez de la Torre, 5kwD/0.1kwN- . DA-D U IH-D in p o w e r ). V e ra c ru z. IV-N

F C C N o t e : By letter dated August 11, 1965, the Inter-American Radio Office of the Pan American Union states that a telegram has been received from Mexico advising that the Mexican Administration desires to notify the above assignment which is to be included in the next Mexican Change List. F e d e r a l C ommunications , C o m m i s s i o n , [ s e a l ] B e n F . W a p l e , Secretary. [P.R . Doc. 65-9849; Piled, Sept. 15,1965; 8:50 a.m.]

No. 179----- 10 11896 FEDERAL REGISTER

CUMULATIVE LIST OF CFR PARTS AFFECTED-—SEPTEMBER

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

3 CFR **«• 7 CFR— Continued Page 19 CFR Page P roclamations : r P r o p o s e d R u l e s — Continued 8— ------1185Ì 3670 ______„*.11827 1078 ______11694 9______. — — 11851 3671 ______„ 11829 1079 ______11694 ______10______11317,11851 E x e c u t i v e O rd er s : 9 CFR 17— ______. ------11853 July 2, 1910 (modified by 20______------11853 i o i ______11848 PLO 3803______11352 P r o p o s e d R u l e s : (revoked in part by PLO 103______— _ 11848 10______— _ 11760 3812) ______— r _____ 11517 P r o p o s e d R u l e s : 54______I 11723 5799 (revoked by PLO 3808) __ 11354 201_;______„__ 11728 11157 (amended by E O 11242) _ 11205 21 CFR 10 CFR 2______;____ -_____ 11279 11242 ______11205 P r o p o s e d R u l e s : 11243 ______^ 17709 46_____ a, ------11349 140______11873 121______11208,11753 5 CFR 12 CFR 146______...... 11598 213—___ 11208,11314,11371,11501,11669 525______11714 148x— ______. _____ 11754 511„„______11751 545______.____ ;______11714,11715 534— ____ 11751 24 CFR 550------11669 13 CFR 203______11318,11503 731„_------11846 P r o p o s e d R u l e s : 207-______— _____ 11279 752__— __„---- — ______11846 121______11734 220____ — ______11279 754—_ ____— ___ 11846 14 CFR 221______11279 772__—_____------11846 809______— 11503 21______11373,11376,11849 831— ____ 11209 3Q__ 11272 25 CFR 6 CFR 11313, 11347~ 11348_, 11669, 11670,’ 120 _____ ; — _ 11676 50----- .------11847 11752,11849. 71— ______11209, 26 CFR 7 CFR ' 11313, 11314, 11348, 11380, 11381, 1 ___ —_ 11854 52_------11595 11501, 11597, 11598, 11670-11672, 170______11599 53------__ 11680 11716, 11849. 296______11602 362------11272 73__ 11314,11348,11502,11850 P r o p o s e d R u l e s : 401— -__------— 11711,11712 75— ______;____ 11314 1______11862 701— „------___------11371 95______11310 728 ------11831 97______11273,11305 29 CFR 729 ------11345 159______11348 800_____ ——____ 11504 850------11680 207______11381 905 ------11682,11683 387______11717 30 CFR 906 ------11684,11685 41______11349 P r o p o s e d R u l e s : 908------11345,11685 21______11773 32 CFR 910------11346,11373,11685 37_„______11695,11773 915------___ 11751 160______11677 39______11227,11283,11732 919------11346 165—______11677 43— ___ 11773 927------:------11713 257______11677 65______11773 944------____------"11713, 11751 536— ______11855 67______„______11732 946_------11596 537______11387 71------*_____ 11283, 981------__------11596 729______11718 11328, 11329, 11392-11396, 11644, 984------__------11346 1455— ______11753 11874,11875. 987------:___11315 1459______. 11351 73 ____;______11283,11695 1808______11718 1421------11207,11272,11315,11686 105 ______11733 1464------__------11501 121 ______11530 32A CFR P r o p o s e d R u l e s : 231______„ 11227 52------11691, 11723 OEP (Ch. I ) : 241______11729 11516 729___------11694 DMO 8505.1_____ 243— ______11729 730------_------;___11282 298— ______11695 33 CFR 925------11530 399______11391,11729 203 ______...... 11318 926—------;_____ 11728 11209,11318 932------— ---- - 11611 15 CFR 204 ______207______11209 991------__------11282 30— ______. ------11502 993------11530 P r o p o s e d R u l e s : 36 CFR 1004 ------11214 S u b title A _____ ------— usao 7______11388 1005 _ 11627 16 CFR 1030------11694 38 CFR 13 ______11850 1031— ------;------___ 11642,11694 2 ______11318 P r o p o s e d R u l e s : 1032— .------_____ 11694,11761 3______11388,11754,11855 303 ______- ______11696 1038------11694 17______11676 1039-— :------„ ______11694 17 CFR 21______- L " __ 11319 1050---- 11761 240 — ______11673,11851 1051— ------.______11694 249______------11673 39 CFR 1062______11694 13______11752 1063------11694 18 CFR 11752 16______— 11719 1067------î------:______11694 P r o p o s e d R u l e s : 17______1070------11694 154 _ 24______11752 Thursday, S ep tem ber 16, 1965 ' FEDERAL REGISTER 11897

39 CFR— Continued Page 43 CFR— Continued Page 46 CFR Page 29______s*»*. H603 P u b l i c L a n d O r d er s— Continued C h . I ______11413 31 ______11677,11719 3673 (corrected by PLO 3807)_ 11353 160— ______11581 43____ 11720 3767 (corrected)______11604 164_____ ^ ______11581 53 ______H720 3802 _*______11326 205______11680 54 ______- _____ 11719 3803 ______11352 251______11756 61______11719 3804 ____ 11327 401______I______11720 94______11351 3805 __ 11327 P r o p o s e d R u l e s : 96— ______11279,11351 3806 ______11352 531______11284 168------11281 3807______;______11353 537______11646 Proposed R u l e s : 3808— ______11354 47 CFR 48______11282 3809 ______11383 2______11354 121____ 11645 3810 ______11383 ______11354 168— ______11645 3811 ____ 11516 3812------— ______11517 73— —Z_ZI__—__——11856,11857,11859 74— ______11859 41 CFR 3813 ______11678 9-1______11351 3814 ______11679 P r o p o s e d R u l e s : 73 _ 11284,11875,11877-11880 9-9______— ______11352 3815 ______11679 81______11881 9-10______11351 ,3816______11679 .L 9-15______11720 3817______11679 83— ___ ;______11284, 11881 9-16_____ 11351 91 a _____ 11881 9-51______!_ 11351 P r o p o s e d R u l e s : 49 CFR 101-19______11755 3107______11355 3120______11329 51r ------11210 101-26______11603,11720 56— ------i ______11210 101-47___ — ______11281 110------11524 4 4 C F R 170------11757 42 CFR P r o p o s e d R u l e s : 401------11517 401______11728 50 CFR 43 CFR 10------11383 4 5 C F R 32------_1 _____ 11211, Public L a n d O r d e r s : 11212, 11271,11327, 11386, 11387, 116______11810 317 (modified by PLO 38091 __ 11383 11525-11527,11604-11610, 11678, 117______11817 922 (see PLO3809) ______11383 11721,11757,11759,11860. 990 (see PLO 3817)______11679 119 ___ 11518 33_T------11327 3529 (corrected and revoked 120 ------11523 P r o p o s e d R u l e s : in part by PLO 3815) ______11679 P r o p o s e d R u l e s : 3 2 _------11529 3591 (corrected by PLO 3807) _ 11353 635— ______11396 33------11529

U.S. GOVERNMENT ORGANIZATION MANUAL 1965-66 EDITION