FEDERAL REGISTER VOLUME 31 • NUMBER 233

Friday, December 2,1966 • Washington, D.C. Pages 15129-15184

(Part II begins on page 15173)

Agencies in this issue— Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Service Commission Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Health, Education, and Welfare Department Interior Department Interstate Commerce Commission Land Management Bureau National Bureau of Standards Securities and Exchange Commission Small Business Administration State Department Detailed list of Contents appears inside.

No. 233—Pt. I-----1 5 -Y ear Compilations of Presidential Documents Supplements to Title 3 of the Code of Federal Regulations

The Supplements to Title 3 of the Code the President and published in the Federal of Federal Regulations contain the full text Register during the period June 2, 19 38 - of proclamations, Executive orders, reor­ December 3 1, 1963. Tabular finding aids ganization plans, trade agreement letters, and subject indexes are included. The in­ and certain administrative orders issued by dividual volumes are priced as follows:

1938-1943 Compilation* 1949—1953 Compilation—$7.00 1943-1948 Compilation— $7.00 1954-1958 Compilation— $4.00 1959—1963 Compilation— $6.00

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AGRICULTURAL STABILIZATION FEDERAL AVIATION AGENCY HEALTH, EDUCATION, AND AND CONSERVATION SERVICE Rules and Regulations WELFARE DEPARTMENT Rules and Regulations Standard instrument approach Notices procedures; miscellaneous Special Assistant to the Secretary Cotton, upland; allotments and amendments______15134 quotas: for Civil Rights; authority dele­ 1966 and succeeding crops; mis­ gation______15159 cellaneous amendments------15142 FEDERAL COMMUNICATIONS 1967 crop; county reserves-----15142 INTERIOR DEPARTMENT COMMISSION See also Fish and Wildlife Service; Proposed Rule Making Proposed Rule Making Land Management Bureau. Sugar; importation into U.S.; requirements------15147 Operation of radio frequency Notices stabilized arc welders; extension McGraw, E. Clyde; statement of of time for comments______15158 changes in financial interests— 15159 AGRICULTURE DEPARTMENT Notices See Agricultural Stabilization and Hearings, etc.: INTERSTATE COMMERCE Conservation Service; Consumer Branch Associates, Inc., and COMMISSION and Marketing Service. Ascension Parish Broadcast­ ing Co______15159 Notices ATOMIC ENERGY COMMISSION Kansas State Network, Inc., and Fourth section applications for- Topeka Television, Inc------15160 relief______15168 Rules and Regulations Lorain Community Broadcast­ Motor carrier temporary authority Atomic energy; miscellaneous ing Co. et al------15160 applications______15168 amendments------—-----15145 RKO General, Inc. (KHJ-TV) and Fidelity Television, Inc— 15160 LAND MANAGEMENT BUREAU CIVIL SERVICE COMMISSION Taft Broadcasting Co. (WKYT- Notices TV), and WLEX-TV, Inc___ 15160 Rules and Regulations New Mexico; redelegation of au­ Excepted service : FEDERAL HOME LOAN thority to district managers-----15159 Agriculture Department------15133 Utah; completion of public land Health, Education, and Welfare BANK BOARD survey______—------15159 Department (2 documents) — 15133 Proposed Rule Making National Advisory Committee NATIONAL BUREAU OF on Rural Poverty—.___— — 15133 Federal Home Loan Bank System; STANDARDS extension of credit------15158 Notices COMMERCE DEPARTMENT FEDERAL MARITIME American lumber standards for See National Bureau of Standards. softwood lumber; extension of COMMISSION deadline for responses concern-. CONSUMER AND MARKETING Notices ing revision______15159 SERVICE Agreements filed for approval: SECURITIES AND EXCHANGE Rules and Regulations American-flag passenger lines— 15161 Atlantic Passenger Steamship COMMISSION Raisins produced from grapes Conference (2 documents)_15162 Notices grown in California; expenses Board of Commissioners of Port Hearings, etc.: and rate of assessment, 1966- of New Orleans et al______15162 67; correction______15145 Lincoln Printing Co------15168 N.V. Nedlloyd Lijnen and Hoegh United Security Life Insurance Proposed Rule Making Lines joint service—— ------15162 Co______15168 Grapes produced in California, and possibly Arizona; reopened FEDERAL POWER COMMISSION s m a l l b u s in e s s hearing______15153 Notices ADMINISTRATION Lettuce grown in Lower Rio Grande Valley in South Texas; Hearings, etc.: Rules and Regulations expenses and rate of assess­ Blacksville Oil and Gas Co-----15167 Definition of small business manu­ ment______15153 Lone Star Gas Co. et al_.---- - 15168 facturer; Government procure­ Milk in Knoxville, Tenn., market­ Saturn Oil & Gas Co., et al------15163 ments for aircraft, and SBA ing area; recommended deci­ business loans ______15145 sion------15154 FISH AND WILDLIFE SERVICE STATE DEPARTMENT Orange juice; standards for Rules and Regulations grades: Rules and Regulations Prom concentrate______15151 Sport fishing; Moosehom National Pasteurized______15149 Wildlife Refuge, Maine------15133 International traffic in arms------15174 15131 15132 CONTENTS

List of CFR Parts Affected (Codification Guide)

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

5 CFR 12 CFR 14 CFR 213 (4 documents)—______15133 P roposed R u l e s : 97______- ______15134 525______15158 7 CFR 22 CFR 722 (2 documents)______15142 13 CFR 121______15174 989______15145 12i 15145 122—______15174 P roposed R u l e s : 123 ______l__15174 52 (2 documents)______15149,15151 124 ____ 15174 817______15147 125 ______15174 971—______15153 126 ______15174 992______15152 127 ______15174 1101— — ______•_____15154 10 CFR 47 CFR 9_____s______— _____ —— 15145 P roposed R u l e s : 20____ — ______15145 18— ______;_____ 15158 32______15145 40_____ ——______15145 50______15145 50 CFR 150______15145 33— ______— ______15133 15133 Rules and Regulations

der this authority may not exceed 4 § 213.3193 National Advisory Commis­ Title 5— ADMINISTRATIVE months. sion on Rural Poverty. ***** (a) Until June 30, 1968, not to exceed PERSONNEL (5 T7.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, 25 positions on the Commission staff. 3 CFR 1954-1958 Comp., p. 218) (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, Chapter I— Civil Service Commission U nited S tates Civil S erv­ 3 CFR, 1954-1958 Comp., p. 218) PART 213— EXCEPTED SERVICE ice Co m m issio n, U nited S tates Civil S erv­ I seal] J ames C. S pr y , ice Com m ission, Department of Agriculture Acting Executive Assist­ [seal] J ames C. S pr y , Section 213.3113(a)(8) has been ex­ ant to the Commissioners. Acting Executive Assist­ tended for 2 years, until December 31, [F.R. Doc. 66-12950; Filed, Dec. 1, 1966; ant to the Commissioner. 1968, to permit the temporary employ­ 8:45 aJn.] [FJt. Doc. 66-13018; Filed, Dec. 1, 1966; ment in the Department of Agriculture 8:48 a.m.] of not to exceed 100 Cuban refugees with eollege-level training appropriate to the PART 213— EXCEPTED SERVICE positions in which employed. Eifective Department of Health, Education, and upon publication in the F ederal R eg­ Title 50— WILDLIFE AND ister, subparagraph (8) of paragraph Welfare (a) of § 213.3113 is amended as set out Section 213.3316 is amended to show FISHERIES below. that the positions of Confidential Assist­ Chapter I— Bureau of Sport Fisheries § 213.3113 Department of Agriculture. ant for Special Projects and Deputy As­ sistant Secretary for Program Analysis and Wildlife, Fish and W ild life (a) General. * * * Service, Department of the Interior (8) Until December 31, 1968, not toare excepted under Schedule C and that exceed 100 positions directly concerned the positions of Deputy Assistant Secre­ PART 33— SPORT FISHING with programs of the Department for tary for Program Coordination and of employment of Cuban refugees possess­ his Confidential Secretary are no longer Moosehorn National Wildlife Refuge, ing college-level training appropriate excepted under Schedule C. Effective on Maine for such positions: Provided, That, em­ publication in the F ederal R egister, The following special regulation is ployment voider this authority in any paragraph (k) of § 213.3316 is amended as set out below. issued and is effective on date of pub­ individual case shall be on a temporary lication in the F ederal R egister. basis for periods not to exceed 1 year § 213.3316 Department of Health, Edu­ cation, and Welfare. § 33.5 Special regulations; sport fish­ and shall not exceed 2 years without the ing, for individual wildlife refuge prior approval of the Civil Service Com­ ***** areas. mission. M aine ***** (k) Office of the Assistant Secretary (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, for Program Coordination. * * * MOOSEHORN NATIONAL WILDLIFE REFUGE 3 CFR, 1954-1958 Comp., p. 218) (2) [Revoked! (3) [Revoked! Sport fishing on the Moosehorn Na­ U nited S tates Civil S erv­ tional Wildlife Refuge, Calais, Maine, is (4) One Confidential Assistant for permitted on the areas designated by ice Co m m issio n, Special Projects. [seal] J ames C. S pry, (5) One Deputy Assistant Secretary signs as open to fishing. These open Acting Executive Assist­ for Program Analysis. areas, comprising 500 acres, are deline­ ant to the Commissioners. ated on maps available at refuge head­ ***** quarters and from the office of the [F.R. Doc. 66-12949; Filed, Dec. 1, 1966; (5 IJ.S.C. 8301, 3302, E.O. 10577, 19 FJt. 7521, Regional Director, Bureau of Sport 8:45 ajn.] 3 CFR, 1954-1958 Comp., p. 218) Fisheries and Wildlife, U.S. Post Office U nited S tates Civil S erv­ and Courthouse, Boston, Mass. 02109. PART 213— EXCEPTED SERVICE ice Com m ission, Sport fishing shall be in accordance [seal] J ames C. S pr y , with all applicable State regulations Department of Health, Education, and Acting Executive Assist­ subject to the following special condi­ Welfare ant to the Commissioners. tion: (1) The use of boats without motors Section 213.3116 is amended to show [F.R. Doc. 66-12987; Filed, Dec. 1, 1966; is permitted. that, under certain circumstances, one 8:47 ajn.] The provisions of this special regu­ Position of Medical Officer (Ophthalmol­ lation supplement the regulations which ogy Resident) at St. Elizabeths Hospital govern fishing on wildlife refuge areas is excepted under Schedule A. Effective PART 213— EXCEPTED SERVICE generally which are set forth in Title 50, on publication in the F ederal R egister, subparagraph (10) is added to paragraph National Advisory Commission on Part 33, and are effective through De­ (a) of § 213.3116 as set out below. Rural Poverty cember 31, 1967. E ugene E. Crawford, § 213.3116 Department of Health, Edu­ Section 213.3193 is added to show that Acting Regional Director, Bu­ cation, and Welfare. not to exceed 25 positions on the Com­ reau of Sport Fisheries and (a) St. Elizabeths Hospital. * * * mission staff are excepted under Sched­ Wildlife. (10) One position of Medical Officer ule A until June 30, 1968. Effective on (Ophthalmology Resident) when filled by publication in the F ederal R egister, November 28, 1966. Persons whose compensation is fixed un­ § 213.3193 and paragraph (a) thereunder [F.R. Doc. 66—12959; Filed, Dec. 1, 1966; der 5 U.S.C. 5351-5356. Employment un­ are added as set out below. 8:45 a.m.]

FEDERAL REGISTER, V O L 31, NO. 233— FRIDAY, DECEMBER 2, 1966 *

15134 RULES AND REGULATIONS Title 14— AERONAUTICS AND SPACE Chapter I— Federal Aviation Agency SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 7758; Amdt. 512] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending the following low or medium frequency range procedures prescribed in § 97.11(a) to read: LFR Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. / If an instrument approach procedure of the above type is conducted at the below named airport, it shall he in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

PROCEDURE CANCELED, EFFECTIVE 24 DEC. 1966. City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 626'; Fac. Class., SBRAZ; Ident., QG; Procedure No. 1, Amdt. 13; Eff. date, 25 Dec. 65; Sup. Amdt. No. 12; Dated, 19 June 65 2. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: ADF Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

QG RBn______DE LOM______2300 T-dn* 500-1 500-1 500-1 QGVOR______DE LOM______2300 C-dn 600-1 600-1 600-lM SVM VOR______DE LOM______2800 600-1 600-1 600-1 Troy In t______2000 800-2 800-2 800-2

Radar available. Procedure turn E side of crs, 326° Outbnd, 146° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 146°—5.7 miles. if visual contact not established upon descent to authorized minimums, or if landing not accomplished within 5.7miles after passing DE LOM, climb to 2000' and proceed direct to QG RBn, or when directed by ATC, (1) climb to 2000' and proceed direct to QG VOR, or (2) make left-climbing turn to 2800' and proceed to Oak Int via QG VOR R 323°. Air Carrier N ote: Sliding scale not authorized: *300-1 authorized on Runway 33L only. MSA within 25 miles of facility: 00(£-090°—1800'; 090°-180°—2300'; 180°-270°—2800'; 270°-360°—2600'. City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 626'; Fac. Class., LOM; Ident., DE; Procedure No. 1, Amdt. 9; Eff. date, 24 Dec. 66; Sup. Amdt. No. 8; Dated, 25 Dec. 65

Little Rock VORTAC...... LOM...... 1800 300-1 300-1 *2004$ Mabelvale In t__:______LOM (final) ...... 1500 C-dn 500-1 600-1 600-lH Bauxite Int...... 1 ...... 011°—2.3 miles 1800 500-1 500-1 500-1 A-dn______800-2 800-2 800-2

Radar available. Procedure turn N side of crs, 221° Outbnd, 041° Inbnd, 1800' within 10 miles. Minimum altitude over LOM Inbnd final, 1500'; over MM# Inbnd final, 900'. Crs and distance, LOM to airport, 041°—4.6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.6 miles after passng LOM, climb to 2000' on crs, 041° from LOM within 20 miles. *300-1 required for Runways 17, 35, and 32. #Descent below 900' not authorized unless MM received. MSA within 25 miles of facility: 000°-090°—1800'; 090°-180°—3300'; 180°-270°—3300'; 270°-360°—3300'. City, Little Rock; State, Ark.; Airport name, Adams Field; Elev., 257'; Fac. Class., LOM; Ident., LI; Procedure No. 1, Amdt. 8; Eff. date, 24 Dec. 66; Sup. Amdt. No. 7; Datedi 29 May 65

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15135

ADF Standard Instrument Approach P rocedure—Continued

Transition Ceiling and visibility minimums

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

LOM...... Direct...... -...... 4000 T-dn*%...... 300-1 300-1 200-1,3 LOM ...... -...... Direct—...... 3000 C-d**...... 900-2 900-2 900-2 Direct______2000 C-n**...... 900-3 900-3 900-3 LÖM ...... Direct...... — 2000 A-dn...... 1000-3 1000-3 1000-3 LÒM ...... Direct...... 2000 ROM...... Direct______3000

Procedure turn S side of crs, 276° Outbnd, 096° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach crs, 1500'. miles after passing LOM (at the LMM), make B^fe^con^ landjng minimums ^ “0t^ 0T^BhrtLwtums3'8 immediate left-climbing tum , proceed direct to LOM climbmg to 2000 m a 1-minute holding pattern, 096 Inbnd, right turns. Air Carrier Note: Reductions in visibility by sliding scale or local conditions not authorized, except for takeoff on Runway 28. Caution- High terrain SW through SE of airport. All maneuvering for circling approaches must be accomplished N of Runways 10/28. **1000-2 day, 1000-3 night required for 3- and 4-engine turbojet aircraft. *500-1 required for takeoff on Runway 6. *1000-1 required for takeoff on Runway 24. / *700-1 required for takeoff on Runway 10 and left tum must be started within 1 mile of airport. %Southbound IF R departures must comply with published Monterey SID s. MSA within 25 miles of facility: 040°-130°—5800'; 130°-220°—5900'; 220°-310°—1500'; 310 -040 —4200 . Monterev* State Calif.; Airport name, Monterey Peninsula; Elev., 220'; Fac. Class., LOM; Ident., MR; Procedure No. 1, Arndt. 2; Eff. date, 24 Dec. 66; Sup. Arndt. No. City, 1; Dated, 7 Aug. 65

SE LOM (final)...... -...... Via crs 020° from 2000 T-dn%...... 300-1 300-1 2004a TCM RBn and C-dn...... 500-1 5UU-1 öu0-lj^ crs 338° to LOM. S-dn-34...... 400-1 400-1 400-1 SE LOM ...... -...... — Direct______2000 A-dn______800-2 800-2 800-2 SE LOM...... - Direct...... —...... 2000 ■ Radar available. Procedure tum E side of crs, 158° Outbnd, 338° Inbnd, 1700' withm 10 miles. Minimum altitude oyer facility on final approach crs, 1600'. if visuM cra^ T n o t^ st^ lish e^ u p o n ^ scen t to authorized landing minimums or if landing not accomplished within 4 miles after passing SE LOM, climb to 2000' direct to SZ LOM, or when directed by ATC, tum left, climb to 2000' on R 227° SEA VOR within 10 miles. Caution: Terrain and trees to 591'located immediately N and NE of airport. . , , , ,, . vnXT .OAA, .. _ . -,To %Takeoff all runways: Climb on the SEA VOR R 265° within 10 miles to cross SEA VOR at or above: Northeastbound V2N, 4300', eastbound V2, 2000 , southeastbound V2S/4,4000'; southbound V4S, 4000'. , „ • ___ _ MSA within 25 miles of facility: 000°-090°—6200'; 090°-180°—7100'; 180°-360 —280y. City, Seattre; State, Wash.; Airport name, Seattle-Tacoma International; Elev., 428'; Fac. Class., LOM; Ident., SE; Procedure No. 1, Arndt. 26; Eff. date, 24 Dec. 66; Sup. Arndt. No. 25; Dated, 5 June 65

SEA VOR. fZ IiO M — ...... 2000 T-dn%...... 300-1 300-1 200-J3 PAE VOR RZ TaOM ___ ...... 2000 C-dn...... 500-1 500-1 500-1J3 Burton Int RZ "LOM 2000 A-dn______800-2 800-2 800-2 Lofall Int.. SZ LOM...... — - ...... Direct...... —. 2000

Radar available. Procedure tum W side of crs, 338° Outbnd, 158° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach crs, 1800'. Crs and distance, facility to airport, 168°—4.2miles.* ...... T If visual contact not established upon descent to authorized landing minimums or if landing not accomplished withm 4.2 miles after passmg SZ LOM, climb to 2000 direct to SE LOM, or when directed by ATC, tum right, climb to 2000' on R 227°_SEA VOR within 10 miles. Caution: Terrain and trees to 591' located immediately N and NE of airport. •Distance indicated is to the displaced threshold. ; , ,, ,4 .4 : ,. .. j %Takeoff all runways: Climb on SEA VO R R 266° within 10 miles to cross SEA VO R at or above: Northeastbound V2N 4300'; eastbound V2 2000'; southeastbound V2S/V 4 WOO';Y l Ssouthbound A lith h n m iH VV4S i f l 4000'. AfifUY MSA within 25 miles of facility: 000°-090' -6200'; 090°-180°—5400'; 180°-360°—4500'. City, Seattle; State, Wash.; Airport name, Seattle-Tacoma International; Elev., 428'; Fac. Class., LOM; Ident., SZ; Procedure No, 2, Arndt. 5; Eff. date, 24 Dec. 66; Sup. Arndt. No. 4; Dated, 5 June 65

ATJGVOR. AVI RBn 2000 T-dn...... 300-1 300-1 NA C-dn ______500-1 500-1 NA S-dn...... A-dn...... NANA NA

Procedure turn E side or crs, 229° Outbnd, 049° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach crs, 1100'. crs and distance, facility to airport, 049°—1.6 miles. ' ■ if visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.6 miles after passing AVI RBn, climb on 049° mag­ neticbearing to 2000', then left turn direct AVI RBn. Hold NE of AVI RBn, 229° Inbnd, 1-minute right turns. notes: (l) State-owned facility must be monitored aurally during approach. (2) Use Augusta altimeter setting. (3) Approach from a holding pattern not authorized. ” °?d,ure turn required. MSA within 25 miles of facility: 000°-270°—2500'; 270°-360°—3500'. City, Waterville; State, Maine; Airport name, Robert LaFleur; Elev., 332'; Fac. Class., MHW; Ident., AVI; Procedure No. 1, Arndt. 5; Eff. date, 24 Dec. 66; Sup. Amdt. No. 4; Dated, 3 Dec. 66

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15136 RULES AND REGULATIONS 3. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR Standard I nstrument Approach P rocrdurb Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, Ceilings are in feet above airport elevation. Distances are in nautioal miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type Is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is oonducted hi accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

T-dn%...... 300-1 300-1 300-1 C-dn...... 800-1 800-1 800-1)5 A-dn______NA NA NA

Procedure turn W side of crs, 200° Outbnd, 020° Inbnd, 8000' within 10 miles. Minimum altitude over facility on final approach crs, 6000'. Crs and distance, facility to airport, 031°—2.1 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.1 miles after passing BAM VOR, turn left immedi­ ately and climb to 9000' on R 200° within 15 miles. C aution N ote: Use Elko, Nev., altimeter setting. . . ' %Takeofl all runways. Climb southwestbound on the BAM VO R R 200° to 8000', recross the VO R at 9000' or above. Procedure turn authorized W of crs after reaching 8000'. „ MSA within 25 miles of facility: 000®-090®—8400'; 090°-180°—10,700'; 180°-270®—10,800'; 27Q°-360°—9600'. City, Battle Mountain; State, Nev.; Airport name, Lander County; Elev., 4532'; Fac. Class., H-BVORTAC; Ident., BAM; Procedure No. 1, Arndt. 5; Eff. date, 24 Dec. 66; Sup. Arndt. No. 4; Dated, 3 July 65

Direct______2000 T-dn@...... 500-1 500-1 500-1 C-d...... 1000-1 1000-1 1000-1)5 C -n ...... - 1000-2 1000-2 1000-2 A-dn...... 1000-2 1000-2 1000-2 Minimums with VOR/ADF receivers: C-dn...... 600-1 600-1 600-1)5

Radar available. , Procedure turn E side of crs, 143* Outbnd, 323° Inbnd, 2000' within 10 miles. Minimum altitude over QG VOR on final approach, 2000'. _ * Crs and distance, QG VOR to airport, 323®—12.3 miles; Island Int to airport, 323®—4.2 miles...... ^ „„ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 12.3 miles after passing QG VOR, climb to 2800 QG VOR R.323® and proceed to Oak Int, or when directed by ATC, (1) make right-climbing turn to 2000'and return to Windsor VOR, or (2) make right-climbing turn to a w and proceed direct to QG RBn. @300-1 authorized Runway 33L. _ MSA within 25 miles of facility: 000®-090°—1900'; 090®-180°—1800'; 180°-270®—2400'; 270P-368®—2800'. City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 626'; Fac. Class., BVOR; Ident., QG; Procedure No. 1, Amdt. 4; Eff. date, 24 Dec. 66; Sup. Arndt. No. 3; Dated, 25 Dec. 65

Troy Int. 2400 T-dn*...... 500-1 500-1 800-1 Belle Int. 2800 C-dn...... 600-1 600-1 600-1)5 A-dn______800-2 800-2 800-2

Radar available. Procedure turn N side of crs, 323° Outbnd, 143° Inbnd, 2800' within 10 miles of Oak Int. Minimum altitude over Oak Int on final approach crs, 2400'. Crs and distance Oak Int to airport, 143°—5.1 miles...... „ _ , .. . . onnft, anj If visual contact not established upon descent to authorized landing minimums or if landing not accomplished withm 5.1 miles after passing Oak Int, climb i OTWT anu, proceed direct to QG VOR, or when directed by ATC, (1) climb to 2000' and proceed direct to QG RBn, or (2) make climbing left turn to 2800' and proceed to Oak int via VOR R 323. N ote: Dual VOR receivers required. *300-1 authorized on Runway 33L only. MSA within 25 miles of facility: 000°-090°—1900'; 090°-180°—1800'; 180®-270°—2400'; 270°-360°—2800'. City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 626'; Fac. Class., BVOR; Ident., QG; Procedure No. 2, Arndt. 4; Eff. date, 24 Dec. 66; Sup. Amdt. No. 8; Dated, 25 Dec. 65.

2500 T-dn...... 300-1 300-1 20045 C-d...... - 700-1 700-1 700-1)5 C-n...... 700-2 700-2 700-2 A-dn...... NA NA NA

Radar available. Procedure turn E side of crs, 132° Outbnd, 312° Inbnd, 2500' within 10 miles. Minimum altitude over facility on final approach crs, 2500'. Crs and distance, facility to airport, 31613—9.3 miles. -/ T „ . Tn „ to 2500' If visual contact not established upon descent to authorized landing minimums or If landing not accomplished within 9.3 miles after passing LKU v u k , emu» w on LRD R 316° within 20 miles. , rnnvO RTA O C aution: Final approach crosses Laredo AFB where extensive jet training Is being conducted. If flight clear of clouds at 2500' Is possible after passing L /n u v Inbnd on final approach, aircraft should maintain 2500' until NW of LRD AFB traffic pattern unless desoent to a lower altitude is authorized by ATC. C aution: 1549' TV tower, 5 miles 8 of airport. MSA within 25 miles of facility; 000°-090°—2200'; 090°-180°—2300'; 180°-360°—2600'. City, Laredo; State, Tex.; Airport name, Laredo Municipal; Elev., 524'; Fac. Class., H-BVORTAC; Ident., LRD; Procedure No. 1, Amdt. 6; Eff. date, 24 Dec. 66, Sup Am No. 5; Dated, 19 Mar. 66

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15137

4. By amending the following terminal very high frequency omnirange (TerVOR) procedures prescribed in § 97.13 to read: Teem Inal VOR Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. ‘ . , . . . , , If an instrument approach procedure of the above type is conducted at the below named airport, it shall be m accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorised by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition . Ceiling and visibility minimums

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

A lKcmv VORTAO s e n v o r ______Direct______2500 T-dn______300-1 300-1 200-13 SCH VOR______Direct______3000 C-dn______500-1 500-1 500-1’ S-dn-22______500-1 500-1 500-1 A-dn___’_-...... NA NA NA

Radar available. Procedure tum E side of ers, 043° Outbnd, 223° Inbnd, 2000' within 10 miles. Minimum altitude over facility on final approach ers, 878'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, when over SCH VOR, climb to 1800' on R 223° within » miles, then right-climbing turn to 2000' direct SCH VOR. Hold NE of SCH VOR, 1-minute left turns, 223° Inbnd. N otes: (1) Final approach from a holding pattern not authorized, procedure turn required. (2) Procedure not authorized during hours control tower not in operation. Consult appropriate publications for hours of operations. TVO R operated by AN G. Caution: fKH)' antenna, 6.5 mOes SW of SCH VOR. MSA within 25 miles of facility: 000°-090°—3500'; 090°-180°—3000'; 180°-270°—3500'; 270°-360°—3500'. City, Schenectady; State, N.Y.; Airport name, Schenectady County; Elev., 378'; Fac. Class., TVOR; Ident., SCH; Procedure No. Ter VOR-22, Arndt. 1; Eff. date, 24 Dec. 66; Sup. Arndt. No. Orig.; Dated, 15 Oct. 66 5. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: * VOR/DME Standard I nstrument Approach P rocedure Bearings, headings, courses and radiate are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

DNV VOR 2200 T-dn 300-1 300-1- 200-1-4 R 085°, DNV VOR clockwise______R 196°______. ______Via 16-mile DME 2400 C-dn...... 400-1 500-1 500-1)3 Arc. NA NA NA R 196°...... Via 16-mile DME 2400 Arc. 16-mile DME Fix, R 196° 8.5-mile DME Fix, R 196° (Rose Int) Direct...... - 1700 (final).

Procedure turn E side of ers, 196° Outbnd, 016° Inbnd, 2200' within 10 miles of Rose Int. Mmimum altitude over Rose Int on final approach ers, 1700'. Lrs and distance, Rose Int to airport, 016°—2.2 miles. direct toVOR011^ * no1 ^^kltehed uP°n descent to authorized landing minimums or if landing not accomplished at 6.3-mile DME Fix, R 196°, climb to 2300' and proceed Caution: 1090' tower, 3 miles SSW of airport. Alternate minimums 800-2 authorized for air carrier with weather reporting service. MSA within 25 miles of facility: 000°-090°—2100'; 090°-180°—2200'; 180°-270°—2200'; 270°-360°—2400'. City, Danville; State, 111.; Airport name, Vermilion County; Elev., 695'; Fac. Class., L-BVOR/DME; Ident., DNV; Procedure No. VOR/DME 2, Arndt. Orig.; Eff. date, - ' 24 Dec. 66

10-mile DME Fix, R 017f 6-mile DME Fix, R 017° (final). Direct. 1600 T-dn...... 300-1 300-1 200- C-dn...... 500-1 500-1 500-lta S-dn-21...... 500-1 500-1 500-1 A-dn...... 800-2 800-2 800-2 DME minimums—DME equipment required if 3.5-mile DME Fix received on final R 017°, minimums be­ come: S-dn-21*...... I 400-1 I 400-1 I 400-1

Radar available. Radar Fix may be used in lieu of DME Fix. rrocedure turn W side of ers, 017° Outbnd, 197° Inbnd, 1800' within 15 miles. rvT111!^ , tltude over 6-mile DME Fix on final approach ers, 1600'. If vi^11 ^ * ce’ breakoff point to approach end Runway 21, 216°—0.7 mile. 15 miles* ■■■e0n*ac* no* established^teblished uponuDon descent to authorized landing minimumsminimun or if landing not accomplished within Omile of HOU VOR, climb to 2500' on R 218° within H0UAvT rN: 1549, tower’ approximately 13 miles SW of HOU VOR. 1235' tower, approximately 11 miles SSE of HOU VOR. 288' building, approximately 4.2 miles N of authorized, with operative high-intensity runway lights, except for 4-engine turbojets. A Wlttun 25 miles of facility: 000°-090°—1600'; 090°-180°—2300'; 180°-270°—2600'; 270°-360°—1800'. 1 y- Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., H-BVORTAC; Ident., HOU; Procedure No. VOR/DME-2, Amdt. 10; EfT. date, 24 Dec. 66; Sup. Amdt. No. 9; Dated, 2 July 66

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 No. 233— Pt. I- 2 15138 RULES AND REGULATIONS

VOR/DME Standard Instrument Approach Procedure—Continued

Transition Ceiling and visibility minimums

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

18-mile DME Fix, R 317°...... Via 18-mile DME 2500 T -dn...... 300-1 300-1 200-H Arc. C-dn...... 400-1 500-1 500-1)4 18-mile DME Fix, R 317°— -...... — 13.5-mile DME Fix, R 317° (final)...... Direct__ ..______1500 S-dn-15______400-1 400-1 400-1 10 1-mile DME Fix, R 317°...... Direct__ L______2500 A-dn______NA NA NA

PK^cdure turn6E side of crs, 317° Outbnd, 137° Inbnd, 2600' within 10 miles of 10.1-mile DME Fix. Minimum altitude over 13.5-mile DME Fix, R 317° on final approach crs, 1500'. ^ visual contact not established upon descent to authorized landing minimums or if landing not accomplished at the 10.1-mile DME Fix, R 317?, turn left, climb to 2000' on 10.1-mile DME Arc until intercepting V--17, proceed N on V-17 within 20 miles of Laredo VORTAC...... , ... , ... . , .... N otes: (1) 10.1-mile DME Fix, R 317° located over airport. (2) VOR and DME equipment required for the execution of this approach, if radar service not available. (3) Radar Fixes may be used in lieu of DME Fixes. C aution: 1549' TV tower, 5 miles S of airport. MSA within 25 miles of facility: 000°-090°—2200'; 090°-180°—2300'; 180°-360°—2600'. Citv Laredo- State. Tex.; Airport name, Laredo Municipal; Elev., 524'; Fac. Class., H-BVORTAC; Ident., LRD; Procedure No. VO R/DME-1, Arndt. 3; Eff. date, 24 Dec. 66; Sup. Arndt. No. 2; Dated, 18 June 66 6. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. , ... , . , . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a diflerent procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

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

LI LOM (final).--...... — —— Direct______1500 T-dn%...... 300-1 300-1 200-Kd LI LOM ______Direct...... 1500 C-dn#______600-1 600-1 600-1)4 S-dn-33*##...... 200-J # 20O-H 200-H 6 00-2 600-2A-dn ______600-2 600-2A-dn 600-2 With glide slope inoperative: S-dn-33**##...... j 400-1 400-1 400-1

Radar available. , Procedure turn E side of crs, 150° Outbnd, 330 Inbnd, 1500' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1500'. Altitudeof glide slope and distance to approach end of runway OM, 1456 —4.4 miles; at MM, 217—0.5 mile. , . j.Umhine If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.4 miles after passing LI LOM .make ngnt-cnm on's turn to 2000' direct Danvers Int. Hold NE of Danvers Int, 1-minute right turns, 210° Inbnd, or when directed by ATC, make right-climbing turn to 2000 direct to »nipper mi. Hold E of Skipper Int, 1-minute right turns, 279° Inbnd. N ote: Glide slope unusable below 219'. Back crs unusable. . „ _ , . Caution: 370' stack, 1 mile SW; 505' building, 1.7 miles W; 845' building and antenna, 3.1 miles W; 1349' antennae, 10.5 miles W of airport. %Departures from Runway 27, make left turn to heading 260° as soon as practicable after takeoff. ¿RVR 2400' authorized for Runways 4R and 33. . . . . _ ,, , .. .. onn/ #No circling W of airport authorized from centerline extended Runway 4L to centerline extended Runway 15 when ceiling is less than 800. *2400'RVR. Descent below 219'not authorized unless approach lights are visible...... , 1 „.m v.» anflmrized. ##When tower advises of known U.S. Naval surface vessels in approach area, straight-in minimums of 400-1 and glide slope inoperative minimums of 500-1 will be autiionwu. Reduction not authorized. ** Reduction not authorized. City, Boston; State, Mass.; Airport name, General Edward Lawrence Logan International; Elev., 19'; Fac. Class., ILS; Ident., I-LIP; Procedure No. ILS-33, Arndt. 4; Eff. date, 24 Dec. 66; Sup. Arndt. No. 3; Dated, 22 Jan. 66 X

500-1 500-1 QG R B n„ DE LOM __ ...... 2300 T-dn*...... 500-1 600-1)4 DE LOM 2300 C-dn...... 600-1 600-1 Q G V O R - 600-1 600-1 SVM VOR DE LOM ...... 2800 S-dn-15#— ...... 600-1 800-2 Troy I n t.. DE LOM (final) 2000 A-dn______800-2 800-2 localizer crs.

Radar available. Procedure turn E side of crs, 326° Outbnd, 146° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 146°—5.7 miles. • - If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.7 miles after passingi DE LOM, climb to 2000.and proceed direct to QG RBn, or when directed by ATC, (1) climb to 2000' and proceed direct to QG VOR or, (2) make left-climbing turntun to 2800' and proceed to Oak Int via QG R 223°. N otes: (1) No glide slope. (2) No approach lights. (3) Back crs unusable. *300-1 authorized on Runway 33L only. #Reduction not authorized. MSA within 25 miles of facility: 000°-090°—1800'; 090°-180°—2300'; 180°-270°—2800'; 270°-360°—2600'. City, Detroit; State, Mich; Airport name, Detroit City; Elev., 626'; Fac. Class., ILS; Ident., I-DET; Procedure No. ILS-15, Arndt. 1; Eff. date, 24 Dec. 66, Sup. Amdt. Orig.; Dated, 4 Dec. 65

FEDERAL REGISTER, V O L 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15139

ILS Standard I nstrum ent Approach P rocedure—Continued

Transition Ceiling and visibility minimums

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

Direct______2000 T-dntf...... 300-1 300-1 20043 C-dn______500-1 500-1 500-1)3 S-dn-6*...... 30043 30043 30043 A-dn______600-2 600-2 600-2 With glide slope inoperative: S-dn-6#...... - 400-1 400-1 400-1

Procedure turn S side of crs, 240° Outbnd, 060° Inbnd, 2300' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2000'. Altitude of glide slope and distance to approach end of runway at OM, 1950' 3.9 miles; at MM, 1032'—0.5 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished make right-climbing turn to 3000', intercept R 064° of Erie VOR, proceed to Hammett Int. Hold NE 1-minute right turns, 244° Inbnd, or when directed by ATC, make immediate left-climbing turn to 2300', return to E R LOM. Hold SW, 1-minute right turns, 060° Inbnd. Air Carrier N ote: 300-1 required for takeofl on all Runways except 6-24. Sliding scale authorized Runways 6-24. N ote i B

Little Rock VO RTAC . LOM ______Direct...... 1800 T-dn#...... _ 300-1 300-1 *200-33 SW crs ILS______011°—2.3 miles...... 1800 C-dn...... 600-1 600-1 600-1)3 LOM (final) ... Direct______1800 S-dn-4**##____ 20043 200-33 200-33 A-dn...... 600-2 600-2 600-2

Radar available. Procedure turn N side of SW crs, 221° Outbnd, 041° Inbnd, 1800' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1800'. Altitude of glideslope and distance to approach end of runway at LOM, 1800'—4.6 miles; at MM, 500'—0.6 mile. If visual contact not established upon descent to authorized landing minimums of if landing not accomplished, climb to 2000' on NE crs, ILS (041°) within 20 miles, or when directed by ATC, (1) turn right, climb to 2000' and proceed to VO RTAC, or (2) turn right, climb to 2000' on R 060° within 20 miles. *300-1 required for takeofl Runways 17, 35, 32. #RVR 2400' authorized Runway 4. **500-1 (RVR 5000') required when glideslope not utilized and visibility reduction below % mile (RVR 4000') not authorized. ##RVR 2400'. Descent below 457' not authorized unless approach lights are visible. MSA within 25 miles of facility: 000°-090°—1800'; 090°-360°—3300'. City, Little Rock; State, Ark.; Airport name, Adams Field; Elev., 257'; Fac. Class., ILS; Ident., I-LIT; Procedure No. ILS-4, Arndt. 10; Eff. date, 24 Dec. 66; Sup. Amdt. No. 9; Dated, 30 Oct. 65

Pebble Int___ LOM...... D irect...... 4000 T-dn*%...... 300-1 300-1 200-33 Salinas VOR...... LOM ...... 3000 C-d** 700-2 700-2 700-2 SalinasVOR____ _ 2000 C-n**...... 700-3 700-3 700-3 Marina Int...... LOM______2000 S-dn-10#...... 300-H 30043 30043 Santa Cruz Int______LOM______2000 A-d...... 700-2 700-2 700-2 ' Shark Int___icä 4000 700-3 700-3 700-3 Seal Int.. 1700

Procedure turn S side of crs, 276° Outbnd, 096° Inbnd, 2000' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1700'. Altitude of glide slope and distance to approach end of runway at OM, 1630'—4.3 miles; at MM, 370'—0.5 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing MM, make immediate left-climbing turn, proceed direct to LOM climbing to 2000' in a 1-minute holding pattern, 096° Inbnd, right turns. Air Carrier Note: Reductions in visibility by sliding scale or local conditions not authorized, except for takeofl on Runway 28. Note: Glide slope unusable below 370'. Caution: High terrain SW through SE of airport. All maneuvering for circling approaches must be accomplished N of Runways 10/28. 1000-2 day, 1000-3 night required for 3- and 4-engine turbojet aircraft. ,500-1 required for takeofl on Runway 6. *1000-1 required for takeofl on Runway 24. 700-1 required for takeofl on Runway 10 and left turn must be started within 1 mile of airport. %™uthb°und IFR departures must comply with published Monterey SID’s. •>— **00-1 required with any component of the ILS inoperative except that 700-1)3 required with glide slope inoperative. City, Monterey; State, Calif.; Airport name, Monterey Pennisula; Elev., 220'; Fac. Class., ILS; Ident., I-MRY; Procedure No. ILS-10, Amdt. 13; Eff. date, 24 Dec. 66; Sup. Amdt. No. 12; Dated, 7 Aug. 65

PROCEDURE CANCELED, EFFECTIVE 24 DEC. 1966. City, Pittsburgh; State, Pa.; Airport name, Greater Pittsburgh; Elev., 1203'; Fac. Class., ILS; Ident., I-GPB; Procedure No. ILS-10R (back crs), Amdt. 6; Eff. date, 27 Mar. 65; Sup. Amdt. No. 5; Dated, 23 Jan. 65

FEDERAL REGISTER, V O L 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15140 RULES AND REGULATIONS

ILS Standard I nstrument Approach P rocedure—Continued

Transition Ceiling and visibility minimums

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

RTCAVOR SZ LOM...... Direct______2000 T-dn#%...... 300-1 300-1 200-)* PAF, VOR SZ LOM (final)...... —...... Direct______2000 C-dn...... 500-1 500-1 500-1% Burton VHF Int SZ LOM ..___'...... Direct______2000 S-dn-16$##_...... 200-% 200-)* 200-% T.ofall VTTF Int. SZ LOM...... Direct...... _____ 2000 A-dn______600-2 600-2 600-2

Radar available. Procedure turn W side of crs, 338° Outbnd, 158° Inbnd, 2000''within 10 miles. Final approach from holding pattern at SZ LOM not authorized, procedure turn required. Minimum altitude at glide slope interception Inbnd, 1800'. ___ \ • Altitude of glide slope and distance to approach end of runway at OM, 1732'—4.2 miles;* at MM, 632'—0.6 mile. . .. , • _ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 1700' direct to BE LOM, or when directed by ATC, turn right, climb to 2000' on R 227° SEA VOR within 10 miles. Caution: Terrain and trees to 591' located immediately N and NE of airport. , . . _ , ■ . _, .. , . $400-1 required when glide slope not utilized. 400-% authorized, with operative high-intensity runway lights, except for 4-engine turbojets. 400-% authorized, with opera­ tive ALB, except for 4-engine turbojet. - •Distance indicated is to the displaced threshold. # R V R 2400'. Descent below 628' not authorized unless approach lights are visible. #RVR 2400'authorized Runway 16. , . , , , . ,, „ _ %Takeoff all runways: Climb on SEA VOR R 265° within 10 miles to cross SEA VOR at or above: Northeastbound V2N, 4300'; eastbound V2, 2000'; southeastbound V2S/V4, 4000'; southbound V4S, 4000'. MBA within 25 miles of facility: 000°-090°—6200'; 090°-180°—5400'; 180°-360°—4500'. City, Seattle; State, Wash.; Airport name, Seattle-Tacoma International; Elev., 428'; Fac. Class., ILS; Ident., I-SZI; Procedure No. ILS-16, Arndt. 7; Eff. date, 24 Dec. 66; Sup. Arndt. No. 6; Dated, 30 Oct. 65

TCM RB n...... SE LOM (final) ...... Via crs 020° and S 2000 T-dn##%...... 300-1 300-1 2004* crs of SEA C-dn...... 500-1 500-1 500-lh localizer. S-dn-34*#...... 200-% 200-% 200-% SEA V O R ..___ SE LOM ...... 2000 A-dn__...... 600-2 600-2 600-2 Burton VHF Int. SE LOM...... Direct______2000

Radar available. Procedure turn E side of crs, 158° Outbnd, 338° Inbnd, 1700' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1600'. Altitude of glide slope and distance to approach end of runway at OM, 1598'—4 miles; at MM, 560 —0.6 mile. _ , . , If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 2000 direct to SZ LOM, or when directed by A i o, turn left, climb to 2000' on R 227° SEA VOR within 10 miles. Caution: Terrain and trees to 591'located immediately N and NE of airport. , „ , , * , , , , , . , lnn v *400-1 required when glide slope not utilized. 400-% authorized, with operative high-intensity runway lights. Northeastbound except for 4-engme turbojets. 400-/* authorized with operative ALS, except for 4-engine turbojets. #RVR 2400' Descent below 628' not authorized unless approach lights are visible. ##RVR 2400'authorized Runway 34. ... . ,, . ,, , -.roal %Takeofl all runways: Climb onSEA VOR R265° within lOmiles to cross SEA VO R at or above: Northeastbound V2N, 4300'; eastbound V2, 2000; southeastbound / V4, 4000'; southbound V4S, 4000'. MSA within 25 miles of facility: 000°-090°—6200'; 090°-180°—7100'; 180°-360°—2800'. City, Seattle; State, Wash.; Airport name, Seattle-Tacoma International; Elev., 428'; Fac. Class., ILS; Ident., I-SEA; Procedure No. ILS-34, Arndt. 27; Eff. date, 24 Dec. 66, Sup. Arndt. No. 26; Dated, 5 June 65

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15141 7. By amending the following radar procedures prescribed in § 97.19 to read: R adab Standard I nstrument A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL; Ceilings are In feet above airport elevations Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following Instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitude (s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab­ lished with the radar controller. From initial contact with radar to final authorized landing minim nm s, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimum«, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Transition Ceiling and visibility m inimum«

2-engine or less Minimum More than From— T o - Course and altitude Condition • 2-engine, distance (feet) 65 knots More than more than or less 65 knots ' 65 knots

- , i Surveillance approach 248°...... ; 1 180°...... ***2000 T-dn*%...... 300-1 300-1 200-¿-á 180° _____ n ’ .. ___- 248°...... ***2000 400-1 500-1 500-1)4 180°__ :__ . 248°...... ***2300 Ri 27, 22.** C-dn-4...... 600-2 600-2 600-2 S-dn-14 L and 400-1 400-1 400-1 R, 32 L and R, 27, 22.**$ S-dn-4______600-2 600-2 600-2 A -dn______800-2 800-2 800-2 Precision approach T-dn*%...... 300-1 300-1 200-}4 C-dn...... 400-1 500-1 500-lh S-dn-14R, 27, 20O-}4 20O-H 200-\4 32L.# S-dn-22, 14L, 300-% 300-M 300-M 32R, 4. A-dn 7...... 600-2 600-2 600-2

All bearings are from radar site with sector azimuths progressing clockwise. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished: Runway 4—Climb straight ahead to 3500' and proceed to Evanston Iht via ORD VOR R 075°, or when directed by ATC, climb straight ahead to 2500' and proceed to OBK VOR via R 170°. Runway 27—Climb to 3500' on a crs of 268° and proceed to DPA VOR via R 068°, or when directed by ATC, climb to 3500' on ORD VOR R 271° and proceed to Elgin Int via ORD VOR R 271°. Runway 22- Climb to 3500' on a crs of 220° and proceed to DPA VOR via R 073°, or, when directed by ATC, make left-climbing turn to 3500' and proceed to Evanston Int via ORD VOR R 075°. Runway 14R—Turn right to heading 155°, climb to 1500', then make right-climbing turn to SSOO7 and proceed to DPA VOR via R 085°, or when directed by ATC, turn right to heading 155°, climb to 1500', make climbing right turn to 3500' and proceed to Elgin Int via ORD VOR R 271°. Runway 32R—Turn right to 335° heading, climb to 1500*, then make right-dimbing turn to 3500' and proceed to Evanston Int via ORD R 075°. Runway 32L—Turn left to 300° heading, climb to 1500', then make climbing left turn to 3500' and proceed direct to DPA VOR. Runway 14L—Turn left to heading of 120° and climb to 1500', make left-climbing turn to SSOO7 and proceed to Evanston Int via ORD R 075°. Caution: 1460' tower, 5.5 miles W; 1413' tower, 4.9 miles W. "Takeoffs on Runway 27 when weather is below 2000-3 will intercept ORD VOR R 250° and climb to 2000' before proceeding westbound. Takeoffs on Runway 32L, when weather is below 2000-3, will intercept ORD VOR R 306° and climb to 2000' before proceeding westbound. **On ASR approach to Runway 22, do not descend below 1200* until radar advises passing 3-mile Radar Fix from end of runway. "Radar control will provide 1000' vertical clearance within a 3-mile radius of towers 1187', 15 miles NW; 1460', 5.5 miles W; 1413', 4.9 miles W; 1508', 7.2 miles SW- 1185' 4.8 miles SW; 1120', 3.5 miles SW; 1504', 14.2 miles SE; 1260', 10 miles SSW; 1080', 14.3 miles SSW; 1125' 8 miles SW; and 1549', 13.9 miles SE. #RVR 2400' Runways 14R, 32L, and 27. Descent below 867' not authorized unless approach lights are visible. % RVR 2400' authorized Runways 14R, 32L/32R, and 27. SRunways 27,14R, and 32L: 400-M authorized with operative ALS except for 4-engine turbojets. Runways 14 R and L, 32 R and L, and 27: 400-M authorized with op­ erative HIRL except for 4-engine turbojets. City, Chicago; State, 111.; Airport name, Chicago-0’Hare International; Elev., 667'; Fac. Class., and Ident., O’Hare Radar; Procedure No. 1, Arndt. 13; Eff. date, 24 Dec. 66; Sup. Arndt. No. 12; Dated, 15 May 65

Within: * Precision approach 000° . 360°...... 2500 T-dn#...... 300-1 300-1 200-14 000° . 360°.-______5500 C-dn______500-1 500-1 500-1Yt S-dn-16M##- 200-M 200-M 200-% A-dn...... 600-2 600-2 600-2 Surveillance approach T-dn___ 300-1 300-1 200-% C-dn__ £ 500-1 500-1 500-1M S-dn-34$„ 400-1 ■— 400-1 400-1 A-dn___ 800-2 800-2 800-2

to SZ LOM, or when directed by ATC, turn climb to 2000' on R 227° 17° SEA VOR within 10 - « m m 51. Terrain and trees to 591° located immediately N and N E of airport. 2400'. Descent below 628' not authorized unless approach lights are visible. »fiVR 2400' authorized Runways 16 and 34. ^ / i a n ih m d , with operative high-intensity runway lights, except for 4-engine turbojets. 400-M authorized, with operative ALS, except for 4-engine turbojets MbA within 25 m iles of facility: 000°-180°—6200'; 180°-360°—2800'. ity’ Seattle; State, Wash.; Airport name, Seattle-Tacoma International; Elev., 428'; Fac. Class, and Ident., Seattle-Tacoma Radar; Procedure No. 1, Arndt. 13- Eff date 24 Dec. 66; Sup. Arndt. No. 12; Dated, 30 Oct. 65 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on November 16,1966. W. E. R o g e r s, Acting Director, Flight Standards Service. [F.R. Doc. 66-12631, Filed, Dec. 1, 1966; 8:45 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15142 RULES AND REGULATIONS

2. Section 722.438 of the regulations is A labama Title 7— AGRICULTURE amended by adding a new paragraph (1) County County at the end thereof to read as follows: reserve reserve Chapter VII— Agricultural Stabiliza­ County (acres) County (acres) tion and Conservation Service (Agri­ § 722.438 Additional conditions and Jefferson „ limitations. A utauga_- 38.4 41.9 32.6 L a m a r ___ 48.2 cultural Adjustment), Department of ***** B a ld w in __ Agriculture B arbour__ 71.8 Lauderdale _ 49.7 (1) Federally owned land. No trans­ B ib b _____ .6 Law rence_ 12.3 SUBCHAPTER B— FARM MARKETING QUOTAS fer by sale or lease under section 344a of B lo u n t___ 62.7 Lee ______54.7 AND ACREAGE ALLOTMENTS the act shall be made from any land B u llo c k _- 89.7 Limestone - 50.4 B u tler____ 51.7 Lowndes — 30.2 [Arndt. 10] owned by the United States, or any Macon ___ 77.2 agency or instrumentality wholly owned C alhoun__ 16.9 PART 722— COTTON Chambers_ 18.5 M adison___ 38.5 by the United States. Cherokee — 9. 8 M a ren g o _ 71.3 Subpart— Acreage A llotm ents for (Secs. 334a, 346(e), 375, 79 Stat. 1197, 1192, C h ilt o n __ 24.0 M arion__ _ 15.1 1966 and Succeeding Crops of 52 Stat. 66, as amended; 7 U.S.C. 1344b, 1346 C h o c ta w _ 74.4 M a rsh a ll_ 133.9 (e ),1375) Clarke ___ 16.4 M o b ile ___ 11.2 Upland Cotton Clay ------18.8 M o n r o e __ 32.9 Effective date: Date of publication of 17.3 Mont- M iscellaneous A mendments Cleburne — this document in the F ederal R egister. Coffee ___ 45.0 gom ery_ 79.3 Basis and purpose. This amendment C olbert___ 12.6 M o rg a n __ 12.4 is issued pursuant to the Agricultural Signed at Washington, D.C., on Novem­ Conecuh __ 73.7 Perry ____ 9.3 Adjustment Act of 1938, as amended (52 ber 29, 1966. Coosa _____ 26.2 P ic k e n s __ 41.1 Stat. 31, as amended; 7 U.S.C. 1281 et E. A. JAENKE, Covington _ 16.3 Pike _____ 172.7 seq.). The purposes of this amendment Acting Administrator, Agricul­ Crenshaw_ 46.4 Randolph _ 110.9 are (1) to fix the closing date for filing ture Stabilization and Con­ C u llm a n _ 105.1 R u sse ll___ 36.9 servation Service. Dale _____ 53.2 St. Clair___ 161.3 applications for export market acreage D a lla s____ 58.4 S h e lb y ___ 5.9 for the 1967 crop of cotton and (2) to [F.R. Doc. 66-12990; Filed, Dec. 1, 1966; De Kalb___ 8.2 S u m t e r __ 85.5 prohibit the transfer of cotton allotments 8:47 a.m.] E lm o re___ 16.3 Talladega _ 78.3 by sale or lease under section 344a of the E scam bia_ 22.1 Talla- act from any land owned by the United PART 722— COTTON E to w a h __ 60.2 p o o s a _- 63.9 States, or any agency or instrumentality Fayette __ 38.7 Tusca- wholly owned by the United States. If Subpart— 1967 Crop of Upland Cot­ F r a n k lin _ 37.9 lo o s a ___ 29.8 G en eva___ 68.7 Walker ___ 67.6 sale or lease of cotton allotments from ton; Acreage Allotments and Mar­ G reen e___ 38.3 Wash- such federally owned land is permitted, keting Quotas H a le _— 19.4 in g t o n _ 42.5 it would have the effect of increasing cot­ H en ry ____ 22.9 W ilc o x ___ 30.9 ton production in the United States since County R eserve H ou ston__ 75.4 W in s to n _ 23.4 in a large measure cotton production is Basis and purpose. Section 722.471 is Jackson __ 43.4 now not permitted under the restrictive issued pursuant to the Agricultural Ad­ Arizona lease requirements governing the leasing justment Act of 1938, as amended (52 14.5 of federally owned land. Therefore, Stat. 31, as amended; 7 U.S.C. 1281 C ochise___ 16.3 P im a _____ G ila ______0 P in a l------16.0 since cotton is now in surplus supply, in et seq.). This section establishes the Graham — 2.6 Santa Cruz- 5.2 order to restrict cotton production in the county reserve for the 1967 crop of up­ G reenlee__ 2.9 Yavapai — 0 United States to the extent practicable, land cotton. Such determination was Maricopa — 36.9 Y u m a ____ 13.9 it is deemed necessary and desirable to made initially by the respective county M ohave___ 2.0 prohibit the transfer of cotton allotments committees and is hereby approved and Arkansas by sale or lease under section 344a of made effective by the Administrator, the act from such federally owned land. ASCS, pursuant to delegated authority A rkan sas_ 25.8 L ee______14.7 Since it is desirable to give farmers as (19 F.R. 74, 21 F.R. 1665, 25 F.R. 3925, Ashley ____ 2.1 Lincoln ,— 6.3 B a x te r ____ 0 Little River. 2.1 much notice as possible of the closing 28 F.R. 4368). B e n t o n __ 0 Logan — — 3.6 date for filing export market acreage ap­ Notice that the Secretary was prepar­ Boone ____ 0 Lonoke — - 3.0 plications and since transfers of cotton ing to establish State and county allot­ B r a d le y _- 8.2 M arion----- 0 allotments for the 1967 crop of cotton ments and reserves was published in the C a lh o u n _ 32.0 M iller ------4.2 2.2 are now being considered by the county F ederal R egister on July 2, 1966 (31 C h ic o t___ 5. 7 Mississippi - committees, it is essential that this F.R. 9138), in accordance with section Clark _____ 8 .7 Monroe —— 4.7 Clay ------20.1 Mont­ amendment be made effective as soon 4 of the Administrative Procedure Act 0 (5 U.S.C. 1003). No written submissions C leb u rn e_ 5.3 gomery — as possible. Accordingly, it is hereby de­ Cleveland _ 27.8 Nevada ----- 45.3 termined and found that compliance were received in response to such notice. 10.4 N ew ton----- 0 Columbia _ 4.6 with the notice, public procedure and 30- Since the establishment of county re­ C o n w a y _- 7.7 Ouachita — day effective date requirements of 5 serves requires immediate action by the Craighead _ 4.1 P erry_____ 2.2 county committees it is essential that 2.9 Phillips — 11.1 U.S.C. 553 is impracticable and contrary Crawford_ 1.5 to the public interest and this amend­ § 722.471 be made effective as soon as Crittenden . 6.8 P ik e ------Poinsett — 1.1 ment shall be effective upon publication possible. Accordingly, it is hereby de­ C r o s s ____ 44.4 3.0 termined and found that compliance D a lla s __ _ 1.8 Polk ------in the F ederal R egister. Pope ------6.8 The regulations for Acreage Allotments with the 30-day effective date require­ D e s h a __ _ 8. 3 18.6 Drew ___ - 14.2 P r a ir ie ----- for 1966 and Succeeding Crops of Upland ment of 5 U.S.C. 553 (80 Stat. 383) is im­ P u la sk i----- .5 F au lk n er_ 22. 2 18.8 Cotton (31 F.R. 5300, as amended) are practicable and contrary to the public F r a n k lin _ 2. 5 Randolph . interest and § 722.471 shall be effective St. Francis . 2.5 amended as follows: F u lt o n __ _ .9 0 1. Section 722.451(b) (3) of the regula­ upon filing this document with the Di­ G a r la n d _ 5.0 S a lin e ------Scott ------5.0 tions is amended to read as follows: rector, Office of the Federal Register. Grant ____ 17.3 .9 G reen e__ _ 7.6 Searcy ------§ 722.471 County reserve for the 1967 Sebastian — 5.0 § 722.451 Export market acreage for Hempstead- 10.2 4.9 1967. crop of upland cotton. Hot Spring- 2.2 Sevier '------S h a r p ------110. 5 * * * * * The county reserve for the 1967 crop H o w a rd _- .6 9.0 Independ­ Stone ------(b) Applications for export market of upland cotton is established in ac­ U n io n ------65. Ó ence - 2.9 5.0 acreage— * * * cordance with § 722.409 of the regula­ Iz a r d _____ 4 .6 Van B uren. (3) Closing date for filing applications. tions for Acreage Allotments for 1966 J a c k so n __ 12.9 Washing­ Applications for export market acreage and Succeeding Crops of Upland Cotton Jefferson 0 ton ------0 W h ite ------9.4 for the 1967 crop shall be filed on or be­ (31 F.R. 5300, as amended). The fol­ J o h n so n __ 1.6 13.9 Lafayette 7.7 Woodruff — fore January 3,1967. lowing table sets forth the county 2.1 * * * • * reserve; Lawrence — 4 .2 Y e ll______

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15143

California Georgia—Continued Mississippi—Continued County County County County County County reserve reserve reserve reserve reserve reserve County (acres) County (acres) County (acres) County (acres) County (acres) County (acres) F resn o ----- 42.3 R iversid e_ 4.8 Richmond - 12.5 T ro u p ___ _ 11.5 De Soto___ 6.4 N esh ob a__ 65.1 Imperial----- 18.5 San Benito- .2 R o ck d a le_ 30.9 T u rn er___ 7.5 F o rrest__ _ 9.8 Newton ___ 102.1 K ern------147.5 San Bernar- S c h le y ___ 5.1 T w ig g s------36.5 F r a n k lin _ 8.4 N o x u b e e _ 33.0 K in g s ----— 20.6 d i n o ____ 9.7 Screven __ 65.9 U p so n ____ 10.0 G eo r g e ___ 83.7 Oktibbeha - 42.8 Los Angeles- 7.1 San Diego _ 1.3 S e m in o le _ 12.9 W alk er___ 153.1 G re en e ____ 48.3 P a n o la ___ 42. 6 Madera — 24.6 Stanislaus _ 0 S p a ld in g _ 21.2 W a lto n ___ 70.5 Grenada __ 12.2 Pearl River- 25.8 Merced _— 5.1 T u la r e ___ 66.6 S te p h e n s_ 5.7 W are______4.3 H ancock__ 0 P erry______6.2 S te w a r t__ 18.1 W a r r e n __ 33.0 H arrison__ 0 Pike ______132. 4 F lorida S u m ter___ 21.2 Washing- Hinds _____ 50.9 P o n to to c _ 88.0 T a lb o t ___ 19.8 t o n __ _ 25.8 H olm es__ _ 5.1 P r e n tiss__ 25.9 A lachua__ . 1 Lafayette _ 1.3 Taliaferro _ 16.7 W a y n e ____ 11.6 Humphreys- 4.2 Q u itm a n _ 20.8 Baker___ - 0 L e o n ______3.7 T a ttn a ll__ 90.8 Webster ___ 7.2 Issaquena _ .4 R a n k in ____ 55.0 Bay ------6.5 Levy------0 T a y lo r ___ 12.6 Wheeler ___ 21.8 Itawamba - 12.0 S c o t t _____ 104.8 Calhoun __ .7 L ib erty___ 1.1 T e lfa ir ___ 41.2 W h ite ____ 6.3 J a c k so n __ 0 S h a rk ey __ 2.8 Clay------— .1 M adison__ 139. 1 T e r r e ll___ 13.8 Whitfield __ 132.1 Jasper _____ 89.8 S im p son __ 111.6 Columbia_ 41.5 N a ssa u ___ 0 T h o m a s__ 18.2 W ilc o x ___ 11.4 Jefferson__ 25.2 S m it h ____ 39. 5 D ixie_____ 0 O k aloosa_ 8.0 Tift ...... 177.0 W ilk e s ___ 19.9 Jefferson -'Stone ____ 9.7 Escambia_ 109.7 Santa Rosa. 11.9 T o o m b s__ 70.3 Wilkinson _ 38. 3 D avis___ 93.2 Sunflower _ 40.8 G adsden_ 25.4 Suwannee _ 84.8 Treutlen _ 51.1 Worth __ 174.5 Jones ____ 138. 6 Talla- G ilchrist_ 0 T aylor____ 0 K em per___ 45.9 Illinois hatchie - 17.6 Hamilton_ 55.7 U n io n ____ 1.0 L afayette_ 25.2 Tate ______7.6 Holmes__ - 29.0 W alton ____ 29.6 Alexander - 14.2 P u la s k i__ 26.1 Lam ar____ 36.7 Tippah ____ 63.6 Jackson__ 146. 4 W ashing- 1 M a ssa c___ 0 Lauderdale _ 121.6 Tlsho- Jefferson__ 15.0 ton _____ 16.2 95.7 Kansas Lawrence _ mingo __ 19. 6 Georgia Leake - ____ 41.4 T u n ic a ___ 5.1 Montgomery 0 Lee ______25.7 U n io n _____ 11.1 Appling — 19.4 G ilm e r ___ . 1 Kentucky L eflo re___ 3.1 Walthall __ 103.7 A tk in son __ 7.2 G la sco c k _ 24. 7 L in c o ln __ 28.1 W a r r e n __ 15.3 Bacon _____ 10.7 G ordon___ 98.7 B allard ___ 0 Graves ___ 3 .0 L o w n d e s_ 56.9 Washington 5. 3 B a k er_____ 13.5 Grady _____ 17.7 C allow ay_ .6 H ick m a n _ 23.6 M adison__ 51. 8 W a y n e ___ 56.0 B aldw in___ 13.3 G reen e___ 14.3 C a r lis le __ 0 McCracken - 0 M arion ____ 108.2 W eb ster__ 15.8 Banks _____ 16.2 G w in n ett_ 65.2 F u lt o n __ .8 M a rsh a ll_ 0 M a rsh a ll_ 192.5 Wilkinson _ 10.3 Barrow____ 25.4 Habersham- .8 M onroe__ - 67.1 Louisiana W in sto n __ 43.9 B artow ____ 26.7 H a ll______12.9 Mont- Yalobusha _ 21.9 Ben H ill___ 30.5 H ancock__ 41.0 Parish Parish gomery — 13.7 Y a z o o _____ 2.2 B e rrien ___ 13.1 Haralson „ 37.8 reserve reserve B ib b ______7.3 H arris____ 8.5 Parish (acres) Parish (acres) Missouri B leckley___ 19.5 . H a r t ______33.5 A c a d ia ____ 165.8 Livingston _ 25.0 B o llin g er_ 2.0 O regon __ _ 0 Brantley___ .2 H ea rd ____ 16.6 A l l e n _- __ 39.7 M adison__ 6.6 B u tle r ___ _ 24.4 Pemiscot — 14.4 B rooks____ 48.5 H en ry _____ 79.2 Ascension _ 14.3 Morehouse - 771.4 Cape Girar- R ip ley ____ 10.7 Bryan _____ 4.8 H ou ston__ 13.0 Assump- Natch! - d e a u ___ 0 S c o tt____ _ 60.4 B u llo c h ___ 124.9 Irwin ____ 15.2 t i o n ____ 0 to c h e s__ 40.7 C arter__ .5 Stoddard _ 25.5 B u rk e_____ 98. 2 Jackson __ 19.9 A voyelles_ 405. 6 O u a ch ita _ 31.6 D u n k lin __ 6.2 V ern o n ___ 0 B u t t s _____ 22.8 Jasper ____ 2 .8 Beauregard 5.0 Pointe H o w e ll__ _ 2.1 W a y n e ____ 0 Calhoun___ 11.8 Jeff Davis_ 18.4 B ie n v ille _ 74. 5 C ou pee_ 837.9 Mississippi - 5.0 C andler___ 53.5 J efferso n _ 43.5 B o ssie r ___ 83.8 R a p id e s___ 44.3 New Carroll____ 44. 9 J e n k in s __ 31.1 Caddo ____ 112.4 Red River_ 68.4 M ad rid_ 51.5 C atoosa__ 56.6 J oh n son ___ 33.0 C alcasieu_ 0 R ic h la n d _ 254.0 N evada Charlton __ . 1 Jones ____ 4.2 C a ld w e ll_ 32.5 S a b in e ____ 76.0 C hatham __ .5 Lam ar_____ 7.3 C a m ero n _ 0 St. Helena— 3.9 C lark______0 N y e ------0 Chatta­ L a n ie r ____ 10.9 Catahoula - 141.9 St. Landry- 60.8 New Mexico hoochee _ 1. 8 Laurens __ 11. 5 Claiborne _ 185.0 St. Martin_ 562.1 Chattooga _ 4. 2 Lee ______12.3 Concordia _ 27.9 St. Tam- L ib erty___ 3.2 C h a v es___ 20.0 L ea______11.7 Cherokee_ 29.0 De S o t o __ 20.5 m a n y ___ 12.1 C u r r y ____ 6.7 L u n a ____ _ .5 Clarke_____ 15. 3 Lincoln ___ 24.6 East Baton Tangi- L o n g ______5.2 De Baca ___ 1.9 O t e r o ____ 3.8 C la y ______6.5 Rouge __ 9.8 pahoa __ 3.2 Dona A n a _ 41.9 Q u a y ______.7 C layton ___ 11. 9 Low ndes__ 23.9 East T e n s a s ___ 39.9 L u m p k in _ .3 E d d y ______15. 1 Roosevelt — 3. 2 C lin ch ____ 1. 3 C arroll_ 2 .5 U n io n ____ 30.2 Grant _____ 0 Sierra _____ 10.3 Cobb______100.9 McDuffie__ 36.7 East Vermilion — 549.9 M cIntosh_ .1 H a rd in g __ 0 Socorro ___ 7.3 Coffee _____ 8. 5 Feliciana 2.3 Vernon ____ 87.4 H idalgo_— 13.1 Valencia__ 0 Colquitt__ 32.6 M a c o n ____ 19.8 Evangeline 292.3 Washing- M adison__ 85.2 Columbia __ 4.1 F r a n k lin _ 106. 8 t o n ____ 425. 2 North Carolina Cook ____ 2.0 M arion__ - 10.2 Grant ____ 0 W eb ster__ 339.8 Coweta____ 26.1 Meriwether- 27.3 I b e r ia ____ 12.5 West Baton Alam ance_ 6.1 D avie------101.6 Crawford_ 28.5 M ille r ____ 8.3 I b e r v ille _ 28. 1 Rouge __ 39.3 Alexander _ 75. 0 D u p lin ____ 254. 5 Crisp _____ 34.7 M itch ell__ 32.7 J a c k so n __ 30.7 West A n so n ___ _ 163.1 Durham __ 12.2 D ade______27.5 M onroe____ 10.6 Jefferson C arroll_ 117.9 B eaufort__ 139.9 Edgecombe- 24.3 D aw son_- 1.2 Mont- D a v is___ 37.2 West B e r tie ___ - 10.0 F o r s y th ___ 11.1 D ecatur__ 17.2 gom ery_ 46.7 Lafayette — 37.9 Feliciana- 15.0 B la d e n __ - 40.4 Franklin _ 2.3 De K alb... I 4.0 M organ__ - 84.0 La Salle------12.5 Winn ...... 30.0 Brunswick - 21.6 G a sto n __ _ 134.8 Dodge _____ 17.7 M urray__ _ 23.2 Lincoln ___- 31.9 B u r k e _____ 0 Gates ____ 38.4 D o o ly _____ 27.6 M uscogee_ 1.0 Cabarrus _ 142.6 Granville_ 2.3 Dougherty _ 9.9 N ew ton___ 13.5 Mississippi Caldwell — 0 G reen e__ _ 13.3 Douglas 44.4 Oconee ____ 33.1 C a m d en __ 16.9 Guilford 9. 6 Early ______44.8 Oglethorpe _ 71.3 County County Carteret __ 5.1 H a lifa x ___ 2, 683. 5 Echols __II 1.0 Paulding __ 49.9 reserve reserve C ataw ba__ 141.0 Harnett — 115.3 Effingham _ 23.2 P e a c h ____ 24.5 County (acres) County (acres) C h a th a m _ 55.3 H ertford__ 227.1 Elbert ____ 30.2 Pickens___ 29.4 A d a m s____ 18.7 Chickasaw - 28. 6 C h o w a n __ 6.9 H o k e ______1, 365.0 Emanuel _I 23.6 Pierce 4.9 A lc o r n ___ 14. 5 C h o c ta w _ 44.1 C leveland_ 509.0 H y d e __ ___ 28.8 Evans 83.8 Pike 9.9 A m ite ____ 19.4 C laiborne_ 19.3 Columbus _ 93.0 Iredell ____ 413.2 Fayette -II I 26.3 Polk ______43.6 A tta la ____ _ 23.5 Clarke____ 203.9 C ra v en ____ 43.8 Johnston _ 269.0 F lo y d ___ 128.6 Pulaski___ 27.5 B e n to n ____ 72.9 C lay------321.5 Cumber- J o n e s __ 32.5 Forsyth "III 36.2 P u tn a m __ 9 .5 B o liv a r___ .8 C oahom a_ 7.6 la n d _ 44.8 Lee ______57.5 Franklin -I 56.3 Q u itm a n _ 8.7 C alhoun__ 113.5 C o p ia h ___ 22.7 Currituck__ 19.3 Lenoir____ 81.9 Fulton __ 31.7 R andolph_ 14.2 C arroll___ 28.6 Covington _ 71.9 Davidson — 45.5 Lincoln ___ 350.8

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15144 RULES AND REGULATIONS

North Carolina—Continued South Carolina—Continued Texas—Continued County County County County County County reserve reserve reserve reserve reserve reserve (acres) County County (acres) County (acres) County (acres) County ■ (acres) County (acres) M a rtin ___ 165.2 Polk ...... 72.1 Spartan- Williams- H askell___ 232.4 Palo Pinto. 5 9 .0 Mecklen­ Randolph -. 6.1 b u r g ------236.3 burg ____ 220.7 H a y s ------24.9 P a n o la ___ 213.8 burg ____ Richmond _ 127.8 S u m ter__ - 374.0 Y o r k ...... 10.2 H em p h ill_ 2 .7 Parker ____ 9 1.5 262.2 Henderson . 264.4 Mont­ R ob eson __ 455.4 U n io n _____ 14.4 Parmer . . . 2 6.6 R o w a n ___ 254.7 H id a lg o __ 272.0 Pecos ____ 6.1 gomery __ 44.8 Tennessee M oore___ _ 56.6 Ruther- H i l l ______486.1 Polk _____ 11.4 L e w is _____ 2.9 H o ck ley __ 13.1 P o t t e r ___ 1.0 N a s h __ ___ 600.6 f o r d __ _ 360.9 B ed fo rd __ 31.9 49.4 New S a m p so n _ 96.9 B e n to n ___ 24.4 L incoln____ 99.3 H o o d ______P r e s id io _ .2 99.2 0 H op k in s__ 139.6 R a in s ____ 27.8 Hanover _ .6 S c o tla n d _ B r a d le y __ 9.9 L oud on__ - H ou ston __ 430.0 Northamp­ S ta n ly _____ 183.8 Cannon __ 3 .4 M cM inn__ 5.3 R a n d a ll__ 22.5 T y r r e ll__ - 15.6 M cNairy__ 45.3 Howard ___ 7.6 R e a g a n __ 3.0 ton ___ _ 486.0 C arroll___ 13.3 Hudspeth _ 10.9 Onslow ____ 25.4 Union _____ 856.0 C h e s te r __ 6.5 M adison__ 30.7 R e a l _;___ 1.2 .9 H u n t______428.0 Red River_ 45.6 Orange ____ 3.8 Vance _____ 40.1 C offee___ _ 106.1 M arion ___ _ I r io n ______.4 P a m lic o __ 27.6 Wake ______307.5 C r o c k e tt_ 108.1 M a rsh a ll_ 10.5 Reeves _____ 6 .7 2.1 J a c k ______24.1 R e fu g io __ 5 .7 Pasquo­ W arren___ 26.6 Decatur __ 41.7 M a u r y ____ J a c k so n __ 20.6 tank ____ 12.9 Washing- D y e r _____ 1.8 M e ig s ____ 5.2 R o b e r ts__ 0 Jasper _____ 17.3 Robertsen _ Pender ;___ 17.3 t o n _____ 75.9 F a y e t t e __ 2.9 Monroe ____ 1.0 . 94.4 Moore — — 6.0 Jeff D avis_ 0 Rockwall __ 196.3 Perqui­ Wayne ____ 61.1 F r a n k lin _ 96.0 J efferso n _ 2.4 251.3 O b io n _____ 47.0 R u n n els__ 98.2 m ans __ 74.1 W ilk e s __ _ 7.3 G ib so n __ _ Jim Hogg.. 123.9 Rusk ____ 9.3 198.1 Perry ------8.5 87.4 Person ___ 0 W ils o n ____ G ile s ______Jim Wells. _ 24.5 S a b in e ___ P i t t ...... a 1.3 Yadkin-____ 1.9 Grundy __ 3 .4 Polk ______31.1 215.8 0 J o h n so n __ 133.1 San Augus- H am ilton _ 20.5 R h e a ______Jones ____ 134.3 Oklahoma Hardeman _ 66.8 Robertson _ 0 tine ___ 126.1 K a rn es____ 17.1 San Jacin- H a rd in ___ 52.2 Rutherford. 89.6 A d a ir ____ 5 .0 L in c o ln __ 69.8 Kaufman _ 74.8 to _____ 34.5 A to k a ____ 17.7 L o g a n _____ 133.6 H ayw ood _ 22.8 Shelby .___ 279.7 T ip to n ___ 45.5 K en d a ll__ 0 San Patri- Beaver __ _ 7.0 L o v e ____ _ 863.1 Henderson _ 37.1 K e n t ______6.8 c i o _____ H en ry ____ 40.3 W a r re n __ .2 46.0 B eck h a m _ 58.4 M cC lain__ 343.7 Kerr ______3.1 San Saba__ 29.6 B la in e ____ 85.0 McCurtain _ 20.1 Humphreys. 0 W a y n e ___ 51.9 W eakley_- 66.4 K im b le ___ 3.6 Schleicher . 4.5 B r y a n ------2, 384.1 McIntosh _ 41.1 L a k e ______3.4 K in g ------.4 51.2 Williamson. 0 Scurry ____ 34.3 C a d d o __ _ 65.1 M a jo r_____ 119. 8 Lauderdale. K in n e y __ 20.1 Shackel- Lawrence_ 130.5 W ilso n ___ 2.5 C anadian_ 26.1 M arshall__ 45.8 K le b e r g ___ 17.7 ford ___ 24.3 C a r te r ____ 14.7 Mayes ___ 1.0 Knox _____ 20.5 Texas' Shelby .... 631.7 C herokee_ 0 M u r ra y ___ 10.0 L am ar____ 56.2 Sm ith _____ 435.0 Choctaw 5.2 Muskogee _ 273.9 Anderson — 104.4 Cottle ------7.6 L a m b ____ 12.7 Som ervell_ 23.6 Cim arron_, 0 N o b le _____ 20.1 Andrews — 7.2 Crockett — 0 Lampasas _ 22.5 S ta rr_____ 55.7 Cleveland « 11.6 N ow ata___ 1.7 Angelina — 87.7 C ro sb y ___ 10.0 L aS alle___ 8.0 S te p h en s_ 21.9 Coal ______29.0 Okfuskee _ 176.1 Aransas __ 1.3 Culberson _ 1.8 Lavaca ___ 77.7 S te r lin g __ 2.1 Comanche _ 234.3 Oklahoma _ 12.2 A r c h e r ----- 25.2 D a lla m ___ 0 Lee ______26.5 Stonewall - 7.2 C o tto n ____ 106.6 Okmulgee _ 77.6 Armstrong _ 21.3 Dallas „ _ 304.2 L e o n _____ 24.2 S u t t o n ___ 0 Osage ____ Craig ____ 1.6 33.4 Atascosa — 102.1 D a w s o n __ 25.6 Liberty __ 86.1 S w ish e r __ 13.4 Creek _____ 71.1 Pawnee __ 61.4 A u s t in ___ 31.2 Deaf Smith. 12.4 Limestone . 105.9 T a r ra n t__ 25.6 Custer 158.1 P a y n e __ __ 22.4 Bailey .------25.1 Delta _____ 124.1 Live O a k __ 15.2 T a y lo r ----- 36.2 Dewey — _ 124.4 P ittsb u rg _ 66.9 Bandera — 0 D en to n ____ 53.9 L la n o ____ 10.1 Terrell____ 0 Ellis ______3.4 P o n to to c _ 3.6 Bastrop___ 43.6 De Witt __ 53.1 L oving------.1 Terry ------12.2 Garfield ___ 0 Pottawato- Baylor ___ 8.6 D ic k e n s __ 12.0 Lubbock _ 71.3 Throckmor- 20.2 Garvin ____ 13.0 m i e _____ Bee ------14.1 D im m it__ 8.3 Lynn _____ 14.9 ton ____ 29.8 G r a d y __ _ 175.2 Pushma- Bell ______125.0 Donley __— 6.2 McCulloch _ 33.4 Titus ------284.7 G r a n t____ .4 t a h a __ _ 5.8 B e x a r ------20.9 D u v a l____ 9.8 McLennan _ 428.4 Tom Green. 22.1 G r e e r ___ _ 25.7 Roger Mills. 191.7 B la n c o ----- 0 E a stla n d _ 89.1 McMullen _ 8.0 Travis ----- 97.4 H arm on __ 32.9 Rogers ___ . 50.4 B o rd en ___ 1.7 Ector _____ 19.9 M a d is o n _ 148.8 T rin ity ----- 173.6 H arp er__ _ 0 S e m in o le _ 18.2 Bosque — - 191.6 Ellis ______164.4 Marlon ___- 192. 6 T yler------43.3 Haskell ___ 51.7 Sequoyah _ 7.5 B o w ie ------47.4 El Paso— . 21.0 Martin . — 10.6 U pshur----- 96.2 H u g h e s _a 195.5 Stephens_ 102.5 Brazoria__ 15.0 E r a th _____ 80.4 Mason ___ 21.4 U p to n ------.2 J a c k so n __ 83.2 Texas _____ 0 Brazos ------85.6 F a lls ______159.9 Mata- U v a ld e ----- 19.8 J efferso n _ 109.3 T illm a n __ 64.9 B rew ster_ 0 Fannin . . . 267.1 g o r d a __ 10.9 Val Verde— 1.0 Johnston _ 53.4 T u ls a _____ 9.1 B riscoe------41.9 Fayette ... 526.7 M averick_ 10.2 Van Zandt. 46.5 Kay — 22.5 W agoner__ 184.4 Brooks ------26.6 F ish er_____ 50.6 M e d in a __ 22.6 Victoria — 160.1 Kingfisher _ 49. 6 Washing- Brown ------41.5 Floyd _____ 9.4 M en a rd __ 6.3 W alker----- 30.6 K iow a____ 166.9 ton _____ 0 B u r leso n _ 250.7 F o a r d _____ 2.9 M id la n d _ 109.3 W aller------11.8 L a tim er__ 15.0 W a sh ita __ 271.9 Burnet ------6.9 Fort Bend_ 30.2 Milam ___ 108.5 Ward ...... 1.2 LeFlore __ 10.4 •Woodward _ 9.7 C aldw ell__ 26.1 F r a n k lin _ 15.8 M ills ______16.5 Washington 347.6 C alhou n__ 8.7 Freestone_ 21.7 257.4 Webb ...... 8.7 South Carolina Mitchell __ Callahan — 42.0 F r io ______9.5 Montague _ 28.3 Wharton — 73.3 A b b eville_ 168.1 Georgetown. 94.7 Cameron — 58.2 G a in e s___ 22.8 Mont- Wheeler — 24.4 A ik e n __ 47.5 Greenville _ 109.5 C a m p ____ 25.9 Galveston _ 1.5 gomery . 81.3 Wichita — 12.6 A llen d ale_ 101.9 Greenwood _ 78.6 C a rso n ___ 5.2 G a rza _____ 7.2 6.9 Wilbarger — 45.3 M oore____ 16.8 A nderson__ 24.3 Hampton _ 103.1 Cass ______21.7 G ille s p ie _ 25.2 Morris ___ 139.3 W illacy----- Bamberg---- 94.2 Horry __ 160.8 Castro ___ 27.3 Glasscock . 1.0 M o tle y ___ 5.9 Williamson- 71.3 95.5 B a r n w e ll_ 104.8 Jasper ____ 59.2 Chambers _ 0 Goliad ____ 10.6 Nacog- Wilson — B e a u fo r t_ 59.9 K ershaw__ 54.3 C herokee_ 141.3 G o n za les_ 25.3 d o c h e s _ 238.3 Winkler 0 B e r k e le y _ 66.7 Lancaster_ 91.6 Childress — 67.7 G ra y ------10.2 476.4 Wise ------51.2 N avarro__ 397.6 C a lh o u n _ 120.1 L a u ren s__ 136.5 Clay ------43.4 G rayson__ 16.5 N e w to n __ 85.9 W o o d ____ Charleston _ 63.6 Lee ______376.2 C ochran__ 10.2 Gregg ------23.0 64.2 Yoakum — 17.3 N o la n ____ 78.1 C h erokee_ 115.0 Lexington_ 119.7 C o k e ______7.7 G rim es____ 49.8 N u e c e s___ 47. 5 Y oung------Chester ___ 4.8 McCormick, 7.2 C o le m a n _ 141. 1 Guadalupe . 89.9 Z a p a ta ----- 8.1 O ch iltree_ 9.8 12.5 Chesterfield 218.4 M arion___ 93.3 C o llin _____ 218. 3 Hale ______25.4 Oldham __ .4 Zavala------Collings- H a ll______29.0 Clarendon _ 211.7 Marlboro __ 365.8 Virginia C olleton __ 28.9 Newberry_ 44.2 w o r th __ 80.7 H am ilton_ 36.8 0 Darlington _ 164.4 Oconee ____ 90.2 C olorad o_ 38.8 Hansford- — „7 Brunswick . 26.1 Henrico — Dillon ____ 143.9 Orange- Comal _____ 8.4 Hardeman - 49.6 Charlotte — .7 Isle of . 15.4 H ard in ____ 3.7 Wight — - Dorchester _ 20.4 b u r g __ a 509.6 Comanche - 56.6 Chesapeake. 0 2.4 E d g efield _ 83.2 Pickens ___ 205.5 C on ch o----- 34. 5 H a r r is ___ 34.9 Dinwiddle . 17.7 Lunenburg- Mecklen­ Fairfield __ 109.2 Richland __ 16.2 C o o k e___ _ 74.8 H a rriso n _ 120.7 Greensville. 34.6 37.2 burg — Florence __ 81.8 Saluda ____ 96.4 C oryell___ 93.7 H a r tle y __ 0

FEDERAL REGISTER, VOL. 31 r NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15145

Virginia—Continued Accordingly, pursuant to the Atomic tion 11s of the act” and substituting County County Energy Act of 1954, as amended, and the therefor “subsection llz. of the Act”. reserve reserve Administrative Procedure Act of 1946, as 9. Section 50.2 (q) of 10 CFR Part 50 County (acres) County (acres) amended, the following amendments of is amended by correcting the word Nansemond- 8.1 Southamp- Parts 9, 20, 32, 40, 50, and 150 of the “artifically” to read “artificially”. ton _____ 46.9 Prince Commission’s regulations are published § 50.21 [Amended] Edward — .6 Surry ------.7 as a document subject to codification, to Sussex ____ 5.3 Prince be effective upon publication in the F ed­ 10. Section 50.21(c) of 10 CFR Part 50 George — 3.6 eral R egister. is amended by deleting the words “sub- (Secs. 344, 375, 63 Stat. 670, as amended, 52 paragraph (b) of this section.” and sub­ Stat. 66, as amendèd; 7 U.S.C. 1344, 1375) stituting therefor “paragraph (b) of this Effective date: Date of filing this PART 9— PUBLIC RECORDS section.”. document with the Director, Office of § 9.3 [Amended] § 50.34 [Amended] the Federal Register. 1, Section 9.3(d) of 10 CFR Part 9 is 11. Section 50.34(f) of 10 CFR Part 50 Signed at Washington, D.C., on No­ amended by deleting “of clerks of the is amended by correcting the word “me- vember 29, 1966. court.” arid substituting therefor “or terological” to read “meteorological”. E. A. JAENKE, clerks of the court.” Acting Administrator, Agricul­ 2. Section 9.3(e) of 10 CFR Part 9 is tural Stabilization and Con­ amended by deleting “§ 2.757 of this PART 150— EXEMPTIONS AND CON­ servation Service. chapter.” and substituting therefor TINUED REGULATORY AUTHORITY (PH. Doc. 66-12991; Piled, Dec. 1, 1966; “§ 2.780 of this chapter.” IN AGREEMENT STATES UNDER 8:47 a.m.] SECTION 274 PART 20— STANDARDS FOR PROTEC­ 12. Section 150.3 (b) and (i) of 10 Chapter IX— Consumer and Market­ TION Ag a in s t r a d ia t io n CFR Part 150 is amended to read as follows: ing Service (Marketing Agreement 3. Section 20.401(b) of 10 CFR Part 20 and Orders; Fruits, Vegetables, is amended by deleting the words “the § 150.3 Definitions. Nuts), Department of Agriculture appendices to”. As revised, § 20.401(b) * * * * • reads as follows: (b) “Agreement State” means any PART 989— RAISINS PRODUCED § 20.401 Records of surveys, radiation State with which the Commission has FROM GRAPES GROWN IN CALI­ monitoring, and disposal. entered into an effective agreement un­ FORNIA ***** der subsection 274b. of the Act. “Non­ agreement State” means any other State. Expenses of Raisin Administrative (b) Each licensee shall maintain rec­ ***** Committee and Rate of Assessment ords in the same units used in this part, (i) “Special nuclear material” means for 1966-67 Crop Year showing the results of surveys required (1) plutonium, uranium 233, uranium by § 20.201 (b), and disposals made under enriched in the isotope 233 or in the Correction §§ 20.302, 20.303, and 20.304. isotope 235, and any other material * * * j* * In F.R. Doc. 66-12725, appearing at which the Commission, pursuant to the page 14875 of the issue for Thursday, provisions of section 51 of the Act, de­ November 24,1966, the words reading “in PART 32— SPECIFIC LICENSES TO termines to be special nuclear material, the amount of $113.200“ in § 989.317(a) MANUFACTURE, DISTRIBUTE, OR but does not include source material; should read “in the amount of $113,200“. or (2) any material artificially enriched IMPORT EXEMPTED AND GEN­ by any of the foregoing but does not ERALLY LICENSED ITEMS CONTAIN­ include source material; ING BYPRODUCT MATERIAL ***** § 32.102 [Amended] (Secs. 161 and 274; 68 Stat. 948 and 73 Stat. Title 10— ATOMIC ENERGY 688; 42 U.S.C. 2201, 2021) Chapter I—»-Atomic Energy 4. The section heading of § 32.102 of 10 CFR Part 32 is amended by correct­ Dated at Washington, D.C., this 28th Commission ing the word “Prototype” to read day of November 1966. MISCELLANEOUS AMENDMENTS TO “Prototype”. For the Atomic Energy Commission. CHAPTER W . B . M cC ool, PART 40— LICENSING OF SOURCE Secretary. Notice is hereby given of the amend­ MATERIAL [F.R. Doc. 66-12952; Filed, Dec. 1, 1966; ment of 10 CFR Parts 9, 20, 32, 40, 50, 8:45 a.m.] and 150. § 40.4 [Amended] These amendments correct certain 5. Section 40.4 (i) of 10 CFR 40 is words in various sections of the regula­ amended by correcting the word “artifi- tions of the Atomic Energy Commission cally” to read “artificially”. Title 13— BUSINESS CREDIT and specific references in the regulations to sections of the Atomic Energy Act of § 40.41 [Amended] AND ASSISTANCE !954, as amended, which have been 6. Section 40.41(d) of 10 CFR Part 40 Chapter I— Small Business changed by amendments. The amend­ is amended by changing “183a to 183d,” ments also make minor editorial changes to read “183b.-d.,”. Administration m various provisions of the regulations, [Rev. 6; Arndt. 11] such as the definitions, and conform the PART 121— SMALL BUSINESS SIZE PART 50— LICENSING OF PRODUC­ language of certain provisions with that STANDARDS oi similar provisions in other parts. TION AND UTILIZATION FACILITIES Because these amendments relate Definition of Small Business Manufac­ § 50.2 [Amended] solely to correction, clarification and turer for Purpose of Bidding on mmor procedural matters, notice of pro­ 7. The note following § 50.2(b) of 10 Government Procurements for Air­ posed rule making and public procedure CFR Part 50 is amended by changing J ^ o n are unnecessary and good cause “sections lip and llv.,” to read “sub­ craft and for Purpose of SBA Busi­ exists to make the amendments effec- ness Loans tive sections llv. and llcc.,”. upon publication in the F ederal 8. Section 50.2 (p) of 10 CFR Part 50 On October 26, 1966, there was pub­ Register. is amended by deleting the words “sec­ lished in the F ederal R egister (31 F.R.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 No. 233—Pt. I- 6 15146 RULES AND REGULATIONS 13758) a notice that the Administrator amendment set forth below is hereby 3. Adding footnote 4 to Schedule A, of the Small Business Administration adopted: § 121.3-10 to read as follows: proposed to amend the Small Business The Small Business Size Standards 4 Includes maintenance as defined in the Size Standards Regulation (Revision 6), Regulation (Revision 6) (31 P.R. 9721), Federal Aviation Regulations (14 GFR 1.1) as amended, by establishing a new def­ but excludes preventive maintenance as de­ inition of a small business manufac­ as amended (31 P.R. 10114,11651, 11973, fined in (14 CFR 1.1). As defined in the turer for the purpose of bidding on Gov­ 12479, 12572, 14311, 14351, 14516, 14545, Federal Aviation Regulations: ernment procurements for aircraft and 14737) is hereby further amended by: “ ‘Maintenance’ means inspection, over­ a haul, repair, preservation, and the replace­ new definition of a small business air­ 1. Revising the size standard for SICment of parts, but excludes preventive craft manufacturer for the purpose of Industry 3721, Aircraft, in Schedule B, maintenance. receiving SBA business loans. § 121.3-8 to read as follows: “ ‘Preventive m aintenance’ means simple It was proposed to increase the em­ or minor preservation operations and the ployment size standard for the purpose replacement of small standard parts not in­ Employment volving complex assembly operations.” of a small business manufacturer bidding Census classification Industry size standard on Government procurements for air­ code (number of This amendment shall become effec­ craft from 1,000 employees to 1,500 em­ employees) tive 60 days after publication in the ployees. It also was proposed to in­ F ederal R egister provided, however, crease the financial assistance size stand­ 3721...... 1500 that for the purpose of Government pro­ ard for aircraft manufacturers from curements it shall apply only to pro­ 1,000 employees to 1,500 employées. 2. Revising the size standards for SICcurements for which invitations for bids Interested persons were given 15 days Industry 3721, Aircraft, in Schedule A, or requests for proposals, are issued on after publication of the proposed amend­ § 121.3-10 to read as follows: or after such effective date. ment in which to present comments or suggestions thereon to the Deputy Ad­ Employment Dated: November 28, 1966. ministrator (now Associate Administra­ Census classification Industry or class size standard tor) for Procurement and Management code of products (number of B ernard L. Boutin, Assistance. employees) Administrator. After consideration of all relevant 3721...... 1500 [F.R. Doc. 66-12962; Filed, Dec. 1, 1966; matters concerning the proposal, the 8:45 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15147 Proposed Rule Making

In view of the limited time remaining from all other countries will be limited to DEPARTMENT OF AGRICULTURE In the year and the desireability of 100 short tons, raw value, of sugar con­ issuing and publishing the amendments tent which is the equivalent of 187,000 Agricultural Stabilization and in final form as early as possible before pounds of refined sugar. Conservation Service January 1, 1967, when they must be in Changes in §§ 817.10(b) (2) involve effect, and since the proposed amend­ clarification of the port of departure and [ 7 CFR Part 817 1 ments do not make any substantial the country of origin. Provision is also change in the basic plan and require­ made in that subparagraph for import­ IMPORTATION OF SUGAR OR LIQUID ments of the present regulations, it is ers to verify the actual weight and com­ SUGAR INTO CONTINENTAL hereby found and determined that the position of the product imported. Fail­ UNITED STATES time permitted to submit data, views and ure to so verify may be grounds for with­ arguments is reasonable. holding approval of an importer’s subse­ Requirements All written submissions made pursuant quent applications. Also provision is to this notice will be made available for made for cancellation of authorizations Notice is hereby given that the Secre­ public inspection at such times and places covering shipments which do not depart tary of Agriculture pursuant to authority and in a manner convenient to the pub­ or arrive within reasonable time periods vested in him by the Sugar Act of 1948, lic business (7 CFR 1.27(b)). from dates stated on the applications. as amended (61 Stat. 922, as amended), Basis and purpose and bases and con­ In view of the several amendments to and as further amended by Public Law Part 817 dealing with sugar-containing 89-331, approved November 8, 1965 (79 siderations. The purpose of this amend­ Stat. 1271), hereinafter referred to as ment is to (1) provide for quantitative products, § 817.10 is restated herein in the Act is considering amendment of import limitations pursuant to section its entirety for the convenience of inter­ Sugar Regulation 817 (7 CFR 817.1- 206 of the Act on mixtures of sugar and ested persons. 817.12; 30 P.R. 15316) in the manner butterfat and/or flour during the calen­ Pursuant to the provisions of section hereinafter set forth. dar year 1967; and (2) make minor 403 of the Act (61 Stat. 932), § 817.10 of All persons who desire to submit writ­ changes in the procedural requirements Part 817, Chapter VIII, Title 7, is amend­ ten data, views or arguments for con­ governing the importation of sugar-con­ ed to read as follows: sideration in connection with the pro­ taining products subject to import lim­ § 817.10 Sugar-containing products and posed regulation may file or mail the itations. mixtures. same in duplicate with the Director, Based on data available to the Depart­ ment, importations of products that con­ (a) The importation or bringing into Sugar Policy Staff, Agricultural Stabili­ the continental United States, Hawaii, zation and Conservation Service, U.S. tained more than 25 percent sugar and contained solid ingredients other than or Puerto Rico of any sugar-containing Department of Agriculture, Washington, sugar consisting principally of either but­ product or mixture shall not be subject D.C. 20250, to be delivered or postmarked terfat or flour or both from all countries to any import limitations pursuant to not later than 10 days after this notice during the three most recent consecutive the provisions of this part unless and until the Secretary has made effective is published in the F ederal R egister. years were as follows: a determination that the prospective importation of such sugar-containing Three year Country of origin 1964 1965 1966 average product or mixture will substantially in­ terfere with the attainment of the ob­ (1) (2) (3) (4) jectives of the Act. A proceeding to make a determination required by this P

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15148 PROPOSED RULE MAKING therefor in the notice. The determina­ continental United States, Hawaii, or order as such applications become eli­ tion shall be published in the F ederal Puerto Rico will substantially interfere gible for authorization or approval. If R egister. A determination may pertain with the attainment of the objectives of two or more applications covering prod­ to one or more sugar-containing prod­ the Act, shall not be imported or brought ucts from the same country become eli­ ucts or mixtures or a group of similar into the continental United States, Ha­ gible for authorization at the same time, sugar-containing products or mixtures. waii, or Puerto Rico until a release di­ such applications shall be authorized in In making a determination that the rected to the Collector of Customs has the order of the date of departure stated bringing in or importing of a sugar-con­ been obtained by the importer from the on the application, earliest first. If two taining product or mixture will or will Secretary. If the Secretary or his dele­ or more applications for release sub­ not substantially interfere with the gate determines that the release of the mitted by different applicants become eli­ attainment of the objectives of the Act, product is permissible in accordance with gible for authorization at the same time the Secretary shall give consideration limitations provided for in paragraph and have the same stated date of depar­ to (1) the total sugar content of the (c) (1) of this section such release will be ture and the quantity permissible for im­ product or mixture in relation to other issued upon application to the Sugar portation within the limitations provided ingredients therein or to the sugar con­ Quota Group, Policy and Program Ap­ in paragraph (c) (1) of this section is less tent of other products or mixtures for praisal Division,. ASCS, U.S. Department than the total quantity covered by such similar use; (2) the costs of the mixture of Agriculture, Washington, D.C. 20250, applications, the quantity authorized for in relation to the costs of its ingredients in quintuplicate on a prescribed form release under each such application shall for use in the continental United States, designated as Form SU-9A. Application be determined as follows. An equal Hawaii, or Puerto Rico; (3) the present forms will be available from the above share of the quantity permissible for im­ or prospective volume of importations mentioned source and at all Customs portation shall be calculated by dividing relative to past importations of the Houses, and provide for the following such quantity by the total number of product or mixture; (4) whether it will information regarding the product to be such applications. All such applications be marketed to the ultimate consumer imported on each vessel or carrier : that cover a quantity in each application in the identical form and packaging in The name and address of the importer. less than such equal share shall be ap­ which it is imported or the extent to The name of the vessel or carrier which is to proved and the quantities stated therein which it is to be further subjected to transport the product to the United States shall be authorized for release. The processing or mixing with similar or port or point of entry. total of the quantities covered by such other ingredients; and (5) other perti­ The port or point of departure of such vessel approved applications shall be deducted nent information. Information relating or carrier. from the quantity permissible for impor­ The date of departure from such point or to the above listed factors should accom­ port. tation, the remainder shall be divided pany any petition to the Secretary to in­ The port or point of entry. equally among the remaining applica­ stitute a proceeding as provided in this The date of arrival. tions but not to exceed the quantity ap­ section or shall be furnished by persons The quantity of product to be imported (total plied for in any such application, and having such information upon request by pounds or gallons). the quantity assigned to each such re­ the Secretary. The country of origin (where manufactured). maining application as a result of such The name of the product. division shall be authorized for release (b) (1) If the Secretary has deter­Will the identical product as packaged he mined pursuant to paragraph (a) of marketed to the ultimate consumer. under such application. this section that the prospective importa­ The percentage of sugar and each other in­ (ii) Authorizations of applications for tion or bringing into the continental gredient in the product including moisture. the release of the sugar-containing prod­ United States, Hawaii, or Puerto Rico of A certification that the information con­ uct may be denied if the applicant has a sugar-containing product or mixture tained in the application is true and cor­ failed to report in the manner and within will substantially interfere with the at­ rect to the best of the importer’s knowl­ the time prescribed in this section with edge and belief and that he will furnish the tainment of the objectives of the Act, a Department within 30 days after importa­ respect to previous shipments imported total quantity of such sugar-containing tion the consumption entry or warehouse or if the information on applications product or mixture shall not be brought withdrawal number, the actual weight en­ previously submitted is determined to or imported into the continental United tered, and verification of the composition be substantially incorrect. States, Hawaii, or Puerto Rico in any of the product. (c) (1) It is hereby determined upon one year from any one country or area The date submitted, signature and title of the basis and considerations heretofore in excess of the quantity which the Sec­ the person signing the application. stated and as set forth in F.R. Doc. retary determines will not so interfere (3) (i) An application for issuance of66-7654 (31 F.R. 9495) that prospective but not less than (i) the average annual an authorization to a Collector for the importation into the continental United importations of the product or mixture release of a sugar-containing product or States, Hawaii, and Puerto Rico of the from the country or area during the mixture shall become eligible for authori­ following described sugar-containing most recent 3 consecutive years for zation at 12:01 am. of the 5th calendar products or mixtures will substantially which reliable data are available; or (ii) day prior to the date of departure of the interfere with the attainment of the 100 short tons, raw value, of sugar con­ shipment as stated on the application, objectives of the Act and shall be subject tent of the product or mixture from any or at the time of receipt of the applica­ to the import limitations as provided in one country or area in the event that tion whichever time occurs later: Pro­ this paragraph (c) (1) of this section; no reliable data of quantities imported vided, That applications received on or Products or mixtures which (i) contain or brought in from the country or area before the effective date of this amend­ more than 25 percent sugar expressed for 3 consecutive years are available. ment shall be considered as having been as a percent of the total weight of solids Persons having information or data of received at the same time. An author­ (excluding moisture and volatile mat­ quantities of a sugar-containing product ized application shall be canceled if the ter) ; (ii) contain solid ingredients other or mixture imported or brought in dur­ covered shipment does not leave the port than sugar consisting principally of ing any of the most recent 3 consecu­ or point of departure on or before the either butterfat or flour or both; and tive years from a country or area may 10th day after the scheduled departure (iii) either are to be further subjected submit such information or data to the date as stated on such application, or if to processing or mixing with similar, or Director, Sugar Policy Staff, Agricul­ such shipment is hot entered at the port other ingredients, or are not to be mar­ tural Stabilization and Conservation of entry on or before 30 days after the keted to the ultimate consumer in the Service, U.S. Department of Agriculture, scheduled arrival date as stated on such identical form and package in which Washington, D.C. 20250, for considera­ application, except that the period during imported. The total quantity of all such tion of its reliability for use. which the application is valid may be ex­ tended by the Secretary for good cause products or mixtures which may be (2) Any sugar-containing product orsatisfactory to the Secretary. The Sec­ imported during the calendar year 1967 mixture as to which the Secretary has retary shall authorize applications for from each of the following countries determined that the actual or prospective the release of sugar-containing products shall not exceed the amount stated as importation or bringing thereof into the by the Collector of Customs in the same follows for such country:

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 PROPOSED RULE MAKING 15149

Country Pounds Welfare. The provision for designating pearance of fresh orange juice, (2) has Australia------*------13» 329, 300 the name Pasteurized Orange Juice on a good color, (3) is reasonably free from Austria ------■------629,400 the label is now scheduled to become defects, (4) possesses a good flavor, and Belgium ------13. 329,300 effective on December 31, 1966. These (5) scores not less than 80 points when Canada ------10,804,500 scored In accordance with the scoring D enm ark------1,918,800 definitions and standards establish Sweden ------396,900 separate identity for certain products system outlined in this subpart. United Kingdom------2,158,500 formerly marketed under the name of (c) “Substandard” is the quality of Any other country------(*) Chilled Orange Juice. pasteurized orange juice that fails to meet the requirements of U.S. Grade B. 1 (100 short tons, raw value, of sugar con­ Certain provisions of the U.S. Stand­ tent (dry basis), the equivalent of 187,000 ards for Grades of Chilled Orange F ill of Container pounds, refined sugar.) Juice are now in conflict with the Food and Drug definitions and identity re­ § 52.5644 Recommended fill of con­ Note: Except for Australia, the quantities tainer. shown in pounds are based ^partly on pre­ quirements. liminary data and are subject to change to The reason for this proposal, therefore, The recommended fill of container is reflect final 1966 data. is the need to establish U.S. Department not incorporated in the grades of the of Agriculture grade standards for Pas­ finished product since fill of container, None of the described products or mix­ teurized Orange Juice which conform to as such, is not a factor of quality for the tures shall be imported except pursuant Food and Drug definitions and identity purpose of these grades. It is recom­ to the procedural requirements contained requirements, compliance with which mended that the container be as full of in paragraph (b) (2) of this § 817.10. is mandatory in interstate commerce. orange juice as practicable. (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153; sec. The proposed standards are: 206; 61 Stat. 927, as amended by P.L. 89-331, F actors of Q uality P roduct Description, Styles, and Grades 79 Stat. 1277) § 52.5645 Ascertaining the grade of a Sec. sample unit. Signed at Washington, D.C., this 30th 52.5641 Product description. day of November. 52.5642 Styles. (a) General. The grade of a sample 52.5643 Grades. unit of pasteurized orange juice is ascer­ O rville L. F reeman, tained by considering the degree of any Secretary. F ill of Container coagulation and separation, and the ap­ [F.R. Doc. 66-12999; Filed, Dec. 1, 1966; 52.5644 Recommended fill of container. pearance of the product as compared to 8:48 a.m.] Factors of Quality fresh juice which are not scored; the rat­ ings for the factors of color, defects, and 52.5645 Ascertaining the grade of a sample flavor which are scored; the total score; Consumer and Marketing Service unit. 52.5646 Ascertaining the rating for the fac­ and the limiting rules which may be [ 7 CFR Part 52 ] tors which are scored. applicable. 52.5647 Color. (b) Factors rated "by score points. PASTEURIZED ORANGE JUICE 52.5648 Defects. The relative importance of each scoring 52.5649 Flavor. factor is expressed numerically on the Proposed Standards for Grades Explanations and Methods of Analysis scale of 108. The maximum number of points that may be given such factors Notice is hereby given that the U.S. 52.5650 Definitions of terms and methods of Department of Agriculture is consider­ analysis. are: ing the issuance of U.S. Standards for Factors: Points Grades of Pasteurized Orange Juice Lot Compliance Color ______40 (7 CFR § 52.5641-52.5652) pursuant to 52.5651 Ascertaining the grade of a lot. Defects ______,____ .______20 Flavor ______40 the authority contained in the Agricul­ Score S heet tural Marketing Act of 1946 (Sec. 202- 208, 60 Stat. 1087; as amended; 7 U.S.C. 52.5652 Score sheet for pasteurized orange Total score______150 1621-1627), These standards if made juice. § 52.5646 Ascertaining the rating for effective, will be the first issue by the De­ Authority: §§ 52.5641 to 56.5652 issued un ­ the factors which are scored. partment of grade standards for this der secs. 202-208, 60 Stat. 1087, as amended; The essential variations within each product as now defined in the standards 7 U.S.C. 1621-1627. factor which is scored are so described of identity (21 CFR 27.107) issued pur­ P roduct D escription, S tyles, and that the value may be ascertained for suant to the Federal Food, Drug, and G rades each factor and expressed numerically. Cosmetic Act. The numerical range within each factor All persons who desire to submit writ­ § 52.5641 Product description. which is scored is inclusive (for example, ten data, views, or arguments for con­ Pasteurized orange juice is the product “18 to 20 points” means 18, 19, or 20 sideration in connection with the pro­ defined in the standards of identity (21 points). posed standards should file the same in CFR 27.107) issued pursuant to the Fed­ duplicate, not later than 30 days after eral Food, Drug, and Cosmetic Act. § 52.5647 Color. publication hereof in the F ederal R egis- (a) Evaluation of color. (1) The TER> with the Hearing Clerk, U.S. Depart­ § 52.5642 Styles. color of pasteurized orange juice, where ment of Agriculture, Room 112, Adminis­ (a) Without sweetener; applicable, is evaluated by comparing tration Building, Washington, D.C. 20250. (b) With sweetener. the color of the product with the USDA All written submissions made pursuant to Orange Juice Color Standards so that this notice will be available for public § 52.5643 Grades. these color standards become points of inspection at the office of the Hearing (a) “U.S. Grade A” (or U.S. Fancy) is reference. during regular business hours (7 the quality of pasteurized orange juice (2) Such comparison is made under an CFR 1.27(b)). that: (1) Shotos no coagulation or no artificial light source of approximately material separation and has the ap­ 150 candela intensity and having a spec­ " T : Compliance with the provisions .of pearance of fresh orange juice, (2) has tral quality approximating that of day­ standar(is shall not excuse failure to with the provisions of the Federal a very good color, (3) is practically free light under a moderately overcast sky ru^’ and Cosmetic Act or with ap- from defects, (4) possesses a very good and a color temperature of 7,500 degrees P able state laws and regulations. flavor; and (5) scores not less than 90 Kelvin, ±200 degrees. points when scored in accordance with (3) The USDA Orange Juice Color Statement of consideration leading to the scoring system outlined in this sub­ Standards range from yellow-orange to standards. Definitions and part. yellow color, with USDA OJ 1 being the ornrTar^s* identity for pasteurized (b) “U.S. Grade B” (or U.S. Choice) most orange color in the series. the to P been promulgated by is the quality of pasteurized orange juice (b) Procedure in evaluating color. n Jf« * and Drug Administration, U.S. that: (1) Shows no coagulation but may (1) Place the juice in a clear glass test Partaient of Health, Education, and show some separation and has the ap­ tube of 1 inch diameter.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15150 PROPOSED RULE MAKING

(2) Arrange color standards in a test § 52.5648 Defects. (ii) Brix—acid ratio. Not less than tube rack or similar device so that light (a) General. The factor of defects 14:1 nor more than 18:1. coming from above strikes the standards concerns the degree of freedom from (b) (B) Classification. If the pasteur­ at a 45 degree angle. The standards small seeds and portions thereof; from ized orange juice possesses a good flavor are inclined at a 45 degree angle against discolored specks, harmless extraneous a score of 32 to 35 points may be given. a neutral grey background. Observe the material, and other similar defects; Pasteurized orange juice that falls into standards and product at right angles to from recoverable oil; and from juice sacs this classification shall not be graded the tubes. and particles of membrane, core, and above U.S. Grade B, regardless of the (3) Classify the juice by inserting the peel in excess of that normally present total score for the product (this is a tube of juice where it best fits in the in orange juice. limiting rule). “Good flavor” means series of color standards. Orange juice (b) Definitions. (1) “Small seeds and that the flavor is fairly typical of orange differing in color and brightness from portions thereof” means seed, whether juice extracted from fresh, mature sweet the most nearly matching USDA Orange fully developed or not, and particles of oranges; is free from off flavors of any Juice Color Standard is evaluated by seed that could pass readily through kind; and meets the following require­ considering the amount of difference and ments: round perforations Ye inch (3.2 mm.) in (1) Without sweetener style—(i) Brix. its effect on the total appearance of the diameter. juice. Not less than 10.5 degrees. (2) “Recoverable oil” means oil re­ (ii) Brix—acid ratio. Not less than (c) Availability of color standards. coverable by the method outlined in this 11.5:1 nor more than 22:1, except that The USDA Orange Juice Color Standards subpart. when produced solely or predominantly cited in this section are official color (c) (A) Classification. Pasteurized from fruit grown in California or Ari­ standards which may also be applied to orange juice that is practically free from zona the Brix-acid ratio may be not less other orange juices. Information re­ defects may be given a score of 18 to 20 than 10.5:1 nor more than 20:1. garding these color standards, and their points. “Practically free from defects” (2) With sweetener style—(i) Brix. availability, may be obtained from: means that any combination of defects Not less than 12.5 degrees; and not less Processed Products Standardization and In­ present may no more than slightly de­ than 10.5 percent by weight of the fin­ spection Branch, Fruit and Vegetable Di­ tract from the appearance or drinking ished product shall consist of soluble vision, Consumer and Marketing Service, quality of the juice, and that there may orange juice solids. U.S. Department of Agriculture, Washing­ be present not more than 0.030 percent ton, D.C. 20250. (ii) Brix—acid ratio. Not less than by volume of recoverable oil. 14:1 nor more than 20:1. (d) (A) Classification. Pasteurized (d) (B) Classification. If the pasteur­ (c) (SStd.) Classification. Pasteurized orange juice that has a very good color ized juice is reasonably free from defects, orange juice that fails to meet the re­ may be given a score of 36 to 40 points. a score of 16 or 17 points may be given. quirements of paragraph (b) of this sec­ “Very good color” means a very good Pasteurized orange juice that falls into tion may be given a score of 0 to 31 points yellow to yellow-orange color that is this classification shall not be graded and shall not be graded above Substand­ bright and typical of fresh orange juice. above U.S. Grade B, regardless of the ard, regardless of the total score for the Pasteurized orange juice that meets this total score for the product (this is a limit­ product (this is a limiting rule). criterion may be assigned score points in ing rule). “Reasonably free from de­ accordance with the following schedule: fects” means that any combination of E xplanations and M ethods of Analysis defects present may not seriously detract § 52.5650 Definitions of terms and As compared with USDA Orange Score Juice Color Standards: (points) from the appearance or drinking quality methods of analysis. Equal to or better than USDA OJ 2_ 40 of the juice, and that there may be pres­ (a) Brix. “Brix” means the degrees Equal to or better than USDA OJ 3_ 39 ent not more than 0.040 percent by vol­ Brix of pasteurized orange juice when Much better than USDA OJ 4____ 38 ume of recoverable oil. tested with a Brix hydrometer calibrated Equal to or slightly better than (e) (SStd.y Classification. Pasteur­ USDA OJ 4______37 at 20 degrees C. (68 degrees F.) and to Equal to or better than USDA OJ 5_ 36 ized orange juice that fails to meet the which any applicable temperature cor­ requirements of paragraph (d) of this rection has been made. The degrees Brix (e) (B) Classification. If the juice section may be given a score of 0 to 15 of pasteurized orange juice may be de­ has a good color, a score of 32 to 35 points points and shall not be graded above termined by any other method which may be given. Pasteurized orange juice Substandard, regardless of the total gives equivalent results. that falls into this classification shall score for the product (this is a limiting (b) Acid. “Acid” means the grains not be graded above U S. Grade B, re­ rule). of total acidity, calculated as anhydrous gardless of the total score for the prod­ § 52.5649 Flavor. citric acid, per 100 ml. of pasteurized uct (this is a limiting rule). “Good col­ orange juice. Total acidity is determined or” means that the color is the yellow (a) (A) Classification. Pasteurized by titration with standard sodium hy­ to yellow-orange color typical of fresh orange juice that possesses a very good droxide solution, using phenolphthalein orange juice which may be dull but is flavor may be given a score of 36 to 40 as indicator. 4 ' • not off color for any reason. Pasteurized points. “Very good flavor” means that (c) Brix-acid ratio. “Brix-acid ratio orange juice that meets this criterion the flavor is fine, distinct, and substan-, means the ratio between the Brix and may be assigned score points in accord­ tially typical of orange juice extracted the acid as defined in this section. ance with the following schedule: from fresh, mature sweet oranges; is (d) Recoverable oil. “Recoverable oil^ As compared with USDA Orange Score free from off flavors of any kind; and is determined by the following methods: Juice Color Standards: (poin ts) meets the following requirements: (1) Equipment, (i) Oil separatory trap Better than USDA OJ 6 but not as (1) Without sweetener style—(i) Brix. similar to either of those illustrated in good as USDA OJ 5______35 Not less than 11 degrees. Figure 1 or Figure 2.1 Equal to USDA OJ 6______34 (ii) Brix—acid ratio. Not less than (ii) Gas burner or hot plate; Not as good as USDA OJ 6______33 or 32 12:1 nor more than 20:1, except that (iii) Ringstand and clamps; (f) (SStd.) Classification. If thewhen produced solely or predominantly (iv) Rubber tubing; pasteurized juice fails to meet the re­ from fruit grown in California or Ari­ ( v) Three-liter narrow -neck flask. quirements of paragraph (e) of this sec­ zona the Brix-acid ratio may be not less (2) Procedure, (i) Place exactly two tion a score of 0 to 31 points may be than 11 to 1 nor more than 17 to 1. liters of juice in a three liter flask. Close given. Pasteurized orange juice that (2) With sweetener style—(i) Brix. the stopcock, place distilled water in t falls into this classification shall not be Not less than 12.5 degrees; and not less graduated tube, run cold water throug graded above Substandard, regardless of than 10.5 percent by weight of the fin­ the total score for the product (this is ished product shall consist of soluble a limiting rule). orange juice solids. 1 Filed as part of the original document.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 PROPOSED RULE MAKING 15151 the condenser from bottom to top, and made effective, will be the first issue by Score Sheet bring the juice to a boil. Continue boil­ the Department of grade standards for Sec. ing for 1 hour at the rate of approxi­ this product as now defined in the stand­ 52.5692 Score sheet for orange Juice from mately 50 drops per minute. ards of identity (21 CFR 27.111) issued concentrate. (ii) By means of the stopcock, lower pursuant to the Federal Food, Drug, and Authority: §§ 52.5681 to 52.5692 issued u n ­ the oil into the graduated portion of the Cosmetic Act. der secs. 202-208, 60 Stat. 1087, as am ended; separatory trap, remove the trap from All persons who desire to submit writ­ 7 U.S.C. 1621-1627. the flask, allow it to cool, and record the ten data, views, or arguments for con­ amount of oil recovered. P roduct D escription, S tyles, and sideration in connection with the pro­ G rades (iii) The number of milliliters of oil posed standards should file the same in recovered divided by 20 equals the per­ duplicate, not later than 30 days after § 52.5681 Product description. cent by volume of recoverable oil. publication hereof in the F ederal R egis­ Orange juice from concentrate is the L ot Compliance ter, with the Hearing Clerk, U.S. De­ product defined in the standards of iden­ partment of Agriculture, Room 112, Ad­ tity (21 CFR 27.111) issued pursuant to § 52.5651 Ascertaining the grade of a ministration Building, Washington, D.C. the Federal Food, Drug, and Cosmetic lot. 20250. All written submissions made Act. The grade of a lot of pasteurized pursuant to the notice will be available orange juice covered by these standards for public inspection at the office of the § 52.5682 Styles. is determined by the procedures set forth Hearing Clerk during regular business (a) Without sweetener. in the regulations governing inspection hours (7 CFR 1.27(b) ). (b) With sweetener. and certification of processed fruits and N ote: Compliance with the provisions of § 52.5683 Grades. vegetables, processed products thereof, these standards shall not excuse failure to and certain other processed food prod­ comply with the provisions of the Federal (a) “U.S. Grade A” (or U.S. Fancy) is ucts (§§ 52.1 to 52.87). Food, Drug, and Cosmetic Act or with appli­ the quality of orange juice from concen­ cable state laws and regulations. trate that: (1) Shows no coagulation or S core S heet Statement of consideration leading to no material separation and possesses the § 52.5652 Score sheet for pasteurized the proposed standards. Definitions and appearance of fresh orange juice, (2) has orange juice. standards of identity for orange juice a very good color, (3) is practically free from concentrate have been promulgated from defects, (4) possesses a very good Size and kind of container______flavor, and (5) scores not less than 90 Container mark (packages)-...... by the Food and Drug Administration of points when scored in accordance with or the Department of Health, Education, Identification (cases)______and Welfare. Certain labeling declara­ the scoring system outlined in this sub- Label (including ingredient statement, if an y )..... part. Liquid measure (fluid ounces)______tions, particularly the name of the prod­ (b) “U.S. Grade B” (or U.S. Choice) is Style...... uct, are scheduled to become effective Brix (degrees)...... the quality of orange juice from concen­ Acid (grams/100 ml.: calculated as anhydrous on December 31,1966. citric acid)...... trate that: (1) Shows no coagulation but Brix-acid ratio ( ) ______These Food and Drug definitions and may show some separation and possesses Recoverable oil (% b y volum e)...... standards establish separate identity for the appearance of fresh orange juice, (2) f( ) None.______certain orange juice products formerly Degree of coagulation___ (( ) Slight...... has a good color, (3) is reasonably free l( ) Serious______marketed under the principal name of from defects, (4) possesses a good flavor, Chilled Orange Juice. and (5) scores not less than 80 points Factors Score points Certain provisions of the U.S. Stand­ when scored in accordance with the scor­ ards for Grades of Chilled Orange Juice ing system outlined in this subpart. (A) 36-40 are now in conflict with the Food and (c) “Substandard” is the quality of Color. 40 ((B) 132-35 orange juice from concentrate that fails l(SStd.) 10-31 Drug requirements. 1(A) 18-20 to meet the requirements of U.S. Defects. 20 ((B) 116-17 The principal reason for this proposal, Grade B. l(SStd.) 10-15 therefore, is to establish Department of f(A) 36-40 F ill of Container Flavor. 40 ((B) 132-35 Agriculture grade standards for orange l(SStd.) 10-31 juice from concentrate which would con­ § 52. 5684 Recommended fill of con­ Total score 100 form to the Food and Drug definitions tainer. I and identity requirements, conformance The recommended fill of container is Brade. with which is mandatory in interstate not incorporated in the grades of the commerce. finished product since fill of container, 1 Indicates limiting rule. as such, is not a factor of quality for the The proposed standards £,re: Dated: November 29, 1966. purpose of these grades. It is recom­ P roduct Description, Styles, and Grades mended that the container be as full of G. R . G range, Sec. orange juice as practicable. Deputy Administrator, 52.5681 Product description. F actors of Q uality Marketing Services. 52.5682 Styles. [PR. Doc. 66-12970; Piled, Dec. 1, 1966; 52.5683 Grades. § 52.5685 Ascertaining the grade of a sample unit. 8:46 a.m.] F ill of Container (a) General. The grade of a sample 52.5684 Recommended fill of container. unit of orange juice from concentrate is I 7 CFR Part 52 1 F actors of Quality ascertained by considering the degree of ORANGE JUICE FROM CONCENTRATE 52.5685 Ascertaining the grade of a sample any coagulation and separation, and the unit. appearance of the product as compared Proposed Standards for Grades 52.5686 Ascertaining the rating for the fac­ to fresh juice, which are not scored; the tors which are scored. ratings for the factors of color, defects, t w ÎÎ 6 is hereby given that the U.S. 52.5687 Color. and flavor which are scored; the total imT tr?m-en^ Agriculture is consider- 52.5688 Defects. 52.5689 Flavor. score; and the limiting rules which may Grnrto 1f uance of U.S. Standards for be applicable. trat« r-T°^..?range Juice from Concen- Explanations and Methods of Analysis . (7 OPR § 52.5681-52.5692) pursu- (b) Factors rated by score points. 52.5690 Definitions of terms and methods of The relative importance of each scoring Aennnit ,authority contained in the analysis. factor is expressed numerically on the 202-90»1“2? Marketing Act of 1946 (sec. scale of 100. The maximum number of Ü.so 8i«o? 108T, as amended; 7 Lot Compliance points that may be given such factors • 1621-1627). These standards, if 52.5691 Ascertaining the grade of a lot. are:

FEDERAL REGISTER, V O L 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15152 PROPOSED RULE MAKING

Factors: Points good yellow to yellow-orange color that is (d) (B) Classification. If the juice is C o lo r ______40 bright and typical of fresh orange juice. reasonably free from defects, a score of Defects ______20 Orange juice from concentrate that 16 or 17 points may be given. Orange F la v o r ______40 meets this criterion may be assigned juice from concentrate that falls into score points in accordance with the this classification shall not be graded Total score______100 following schedule: above U.S. Grade B, regardless of the § 52.5686 Ascertaining the rating for As compared with USDA Orange Score total score for the product (this is a the factors which are scored Juice Color Standards: (poin ts) limiting rule). “Reasonably free from The essential variations within each Equal to or better than USDA OJ 2— 40 defects” means that any combination of factor which is scored are so described Equal to or better than USDA OJ 3— 39 defects present may not seriously detract Much Better than USDA OJ 4------38 from the appearance or drinking quality that the value may be ascertained for Equal to or slightly better than of the juice, and that there may be each factor and expressed numerically. USDA OJ 4______37 present not more than 0.040 percent by The numerical range within each factor Equal to or better than USDA OJ 5— 36 volume of recoverable oil. which is scored is inclusive (for example, (e) (B) Classification. If the juice (e) (SStd.) Classification. Orange “18 to 20 points” means 18, 19, or 20 possesses a good color, a score of 32 to 35 juice from concentrate that fails to meet points). points may be given. Orange juice from the requirements of paragraph (d) of § 52.5687 Color. concentrate that falls into this classifi­ this section may be given a score of 0 (a) Evaluation of color. (1) The cation shall not be graded above U.S. to 15 points and shall not be graded above color of orange juice from concentrate, Grade B, regardless of the total score for Substandard, regardless of the total score where applicable, is evaluated by com­ the product (this is a limiting rule). for the product (this is a limiting rule). “Good color” means that the color is the paring the color of the product with the § 52.5689 Flavor. USDA Orange Juice Color Standards so yellow to yellow-orange color typical of fresh orange juice which may be dull but (a) (A) Classification. Orange juice that these color standards become points from concentrate that possesses a very of reference. is not off color for any reason. Orange juice from concentrate that meets this good flavor may be given a score of 36 (2) Such comparison is made under "criterion may be assigned score points in to 40 points. “Very good flavor” means an artificial light source of approxi­ accordance with the following schedule: that the flavor is fine, distinct, and sub­ mately 150 candela intensity and having stantially typical of orange juice ex­ a spectral quality approximating that of As compared with USDA Orange Score tracted from fresh, mature sweet daylight under a moderately overcast sky Juice Color Standards: (poin ts) Better than USDA OJ 6 but not as oranges; is free from off flavors of any and a color temperature of 7,500 degrees good as USDA OJ 5------35 kind; and meets the following require­ Kelvin, ±200 degrees. Equal to USDA..OJ 6...... 34 ments: (3) The USDA Orange Juice Color Not as good as USDA OJ 6------33 or 32 (1) Without sweetener style—(i) Brix. Standards range from yellow-orange to (f) (SStd.) Classification. If the Not less than 11.8 degrees. yellow color, with USDA OJ1 being the juice fails to meet the requirements of (ii) Brix—acid ratio. Not less than most orange color in the series. paragraph (e) of this section a score of 13:1 nor more than 20:1, except that (b) Procedure in evaluating color. 0 to 31 points may be given. Orange when produced solely or predominantly (1) Place the juice in a clear glass test juice from concentrate that falls into from fruit grown in California or Arizona tube of 1 inch diameter. this classification shall not be graded the Brix-acid ratio may be not less than (2) Arrange color standards in a test above Substandard, regardless of the 11 to 1 nor more than 17 to 1. tube rack or similar device so that light total score for the product (this is a (2) With sweetener style—(i) Soluble, coming from above strikes the standards limiting rule). orange juice solids. Not less than 11.8 at a 45 degree angle. The standards are percent, by weight, of the sweetened inclined at a 45 degree angle against a § 52.5688 Defects. product. neutral grey background. Observe the (a) General. The factor of defects (ii) Brix—add ratio. Not less than standards and product at right angles concerns the degree of freedom from 14:1 nor more 18:1. to the tubes. small seeds and portions thereof; from (b) (B) Classification. If the orange (3) Classify the juice by inserting the discolored specks, harmless extraneous juice from concentrate possesses a good tube of juice where it best fits in the series material, and other similar defects; from flavor a score of 32 to 35 points may be of color standards. Orange juice differ­ recoverable oil; and from juice sacs and given. Orange juice from concentrate ing in color and brightness from the most particles of membrane, core, and peel that falls into this classification shall not nearly matching USDA Orange Juice in excess of that normally present in be graded above U.S. Grade B, regard­ Color Standard is evaluated by consider­ orange juice. less of the total score for the product ing the amount of difference and its effect (b) Definitions. (1) “Small seeds and (this is a limiting rule). “Good flavor on the total appearance of the juice. portions thereof” means seed, whether means that the flavor is fairly typical ox (c) Availability of color standards. fully developed or not, and particles of orange juice extracted from fresh seed that could pass readily through mature sweet oranges; is free from on The USDA Orange Juice Color Standards round perforations one-eighth inch (3.2 flavors of any kind; and meets the fol­ cited in this section are official color mm.) in diameter. lowing requirements: standards which may also be applied to (2) “Recoverable oil” means oil recov­ (1) Without sweetener style— (V other orange juices. Information re­ erable by the method outlined in this Brix. Not less than 11.8 degrees. subpart. (ii) Brix—acid ratio. Not less than garding these color standards, and their 11.5:1, nor more than 22:1, except that availability, may be obtained from: (c) (A) Classification. Orange juice from concentrate that is practically free when produced solely or predominant y Processed Products Standardization and In­ from defects may be given a score of from fruit grown in California or Anzon spection Branch, Fruit and Vegetable Divi­ the Brix-acid ratio may be not less tnan sion, Consumer and Marketing Service, 18 to 20 points. “Practically free from U.S. Department of Agriculture, Washing­ defects” means that any combination of 10.5:1 nor more than 20:1. . ton, D.C. 20250. defects present may no more than (2) With sweetener style— (i) slightly detract from the appearance or orange juice solids. Not less than l • (d) (A) Classification. Orange juice drinking quality of the juice, and that percent, by weight, of the sweeten from concentrate that has a very good there may be present not more than product. , . fVion color may be given a score of 36 to 40 0.030 percent by volume of recoverable (ii) Brix—acid ratio. Not less tna points. “Very good color”, means a very oil. 12:1 nor more than 22:1.

FEDERAL REGISTER, VOL. 31, NO. 233—-FRIDAY, DECEMBER 2, 1966 PROPOSED RULE MAKING 15153

(c) (SStd.) Classification. If the S core S heet pursuant to this notice will be made orange juice fails to meet the require­ § 52.5692 Score sheet for orange juice available for public inspection at the ments of paragraph (b) of this section from concentrate. office of the Hearing Clerk during reg­ a score of 0 to 31 points may be given. ular business hours (7 CFR 1.27(b)). The proposals are as follows: Orange juice from concentrate that falls Size and kind of container...... into this classification shall not be Container mark (packages)...... § 971.207 Expenses and rate of assess­ or graded above Substandard, regardless of Identification (cases)______— .— ------ment. the total score for the product (this is a Label (including ingredient statement, if an y )..... limiting rule). Liquid measure (fluid ounces)______(a) The reasonable expenses that are Style...... - ...... likely to be incurred during the fiscal Explanations and M ethods of A nalysis Brix (degrees).....______:______... Acid (grams/100 ml.: caclulated as anhydrous period August 1, 1966, through July 31, § 52.5690 Definitions of terms and citric acid)______1967, by the South Texas Lettuce Com­ Brix-acid ratio ( )______...... methods of analysis. Recoverable oil (% by volume)...... mittee for its maintenance and func­ f( ) None______tioning and for such purposes as the (a) Brix. “Brix” means the degrees Degree of coagulation) ( ) Slight------Secretary determines to be appropriate, Brix of orange juice from concentrate U ) Serious...... will amount to $20,000. when tested with a Brix hydrometer (b) The rate of assessment to be paid calibrated at 20 degrees C. (68 degrees F actors Score points by each handler in accordance with the P.) and to which any applicable tem­ marketing agreement and this part shall perature correction has been made. The (A) 30-40 be one and one-half cents ($0.015) per C o lo r ...... 40 I (B) 132-35 degrees Brix may be determined by any (SStd.) 1 0-31 carton of lettuce handled by him as the other method which gives equivalent (A) 18-20 first handler thereof during said fiscal results. D efects...... 20 I (B) 116-17 (SStd.) ‘ 0-15 period. (b) Acid. “Acid” means the grams of (A) 36-40 (c) Unexpended income in excess of total acidity, calculated as anhydrous F lavor...... 40 I(B) ‘ 32-35 expenses for the fiscal period ending citric acid, per 100 ml. of juice. Total (SStd.) ‘ 0-31 July 31, 1967, may be carried over as a acidity is determined by titration with Total score reserve. standard sodium hydroxide solution, (d) Terms used in this section have using phenolphthalein as indicator. the same meaning as when used in the (c) Brix-acid ratio. “Brix-acid ratio” Grade. said marketing agreement and this part. means the ratio between the Brix and the (Secs. 1—19, 48 Stat. 31, as amended; 7 U.S.C. acid as defined in this section. ‘ Indicates limiting rule. 601-674) (d) Recoverable oil. “Recoverable oil” Dated: November 29,1966. is determined by the following methods: Dated: November 29, 1966. (1) Equipment, (i) Oil separatory G . R . G range, trap similar to either of those illustrated Deputy Administrator, P aul A. N icholson, Marketing Services. Deputy Director, Fruit and Veg­ in Figure 1 or Figure 2.1 etable Division, Consumer and (ii) Gas burner or hot plate; [F.R. Doc. 66-12971; Filed, Dec. 1, 1966; Marketing Service. 8:46 a.m.] (iii) Ringstand and clamps; [F.R. Doc. 66-12989; Filed, Dec. 1, 1966; (iv) Rubber tubing; 8:47 a.m.] (v) Three-liter narrow-neck flask. Consumer and Marketing Service (2) Procedure, (i) Place exactly two liters of juice in a three liter flask. [ 7 CFR Part 971 1 I 7 CFR Part 992 1 Close the stopcock, place distilled water LETTUCE GROWN IN LOWER RIO [Docket No. AO 358-RO 1] in the graduated tube, run cold water GRANDE VALLEY IN SOUTH TEXAS GRAPES PRODUCED IN CALIFORNIA through the condenser from bottom to (AND POSSIBLY ARIZONA) top, and bring the juice to a boil. Con­ Proposed Expenses and Rate of tinue boiling for one hour at the rate of Assessment Notice of Reopened Hearing With approximately 50 drops per minute. Notice is hereby given that the Secre­ Respect to Proposed Marketing (ii) B y means of the stopcock, lower tary of Agriculture is considering the ap­ Agreement and Order the oil into the graduated portion of proval of the expenses and rate of assess­ Pursuant to the provisions of the Agri­ the separatory trap, remove the trap ment for the fiscal period ending July 31, 1967, hereinafter set forth, which cultural Marketing Agreement Act of from the flask, allow it to cool, and re­ were recommended by the South Texas 1937, as amended (7 U.S.C. 601 et seq.), cord the amount of oil recovered. Lettuce Committee, established pursuant and the applicable rules of practice and - (iii) The number of milliliters of oil procedure governing proceedings to for­ to Marketing Agreement No. 144 and mulate marketing agreements and mar­ recovered divided by 20 equals the per­ Marketing Order No. 971 (7 CFR 971), keting orders (7 CFR Part 900), notice is cent by volume of recoverable oil. herein referred to collectively as the or­ der. The order regulates the handling hereby given that the public hearing held Lot Compliance in Fresno, Calif., on March 14 through 26, of lettuce grown in the Lower Rio 1966, on this proposed marketing agree­ § 52.5691 Ascertaining the grade of a Grande Valley in South Texas, and is lot. effective under the Agricultural Market­ ment and order is reopened upon publi­ ing Agreement Act of 1937, as amended cation of this document in the F ederal The grade of a lot of orange juice from R egister. The hearing will reconvene at (7 U.S.C. 601 et seq.). a time and at a place to be announced by concentrate covered by these standards All persons who desire to submit writ­ s determined by the procedures set forth supplemental notice. The proposed pro­ ten data, views, or arguments in connec­ gram was set forth in the F ederal R eg­ in the regulations governing inspection tion with these proposals may file the ister of February 22,1966 (31 F.R. 3020). and certification of processed fruits and same, in quadruplicate, with the Hear­ The principal purpose of the reopened vegetables, processed products thereof, ing Clerk, Room 112, U.S. Department of hearing is to receive additional evidence and certain other processed food prod­ Agriculture, Washington, D.C. 20250, not on the question, not adequately resolved ucts (§§ 52.1 to 52.87). by present evidence, of how to assure later than the 15th day after the publi­ adequate supplies in raisin and fresh cation of this notice in the F ederal shipment outlets while, at the same time, Filed as part of the original document. R egister. All written submissions made effecting an overall supply adjustment.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 No. 233—Pt. I- 4 15154 PROPOSED RULE MAKING Another major purpose is to receive up- the remaining portions of Anderson and the handlér has been moving bulk milk to-date evidence on economic, marketing, Blount Counties and 12 other Tennessee back and forth between these plants. and other conditions relating to the pro­ counties: Campbell, Cocke, Cumberland, This has involved extra handling expense posed program. Grainger, Hamblen, Jefferson, Loudon, to him. Milk distributed on routes from Morgan, Roane, Scott, Sevier, and Union. the Harriman plant competes directly Dated: November 29, 1966. The expanded marketing area comprises with route sales of other handlers now Clarence H . G irard, a contiguous area in which both whole­ regulated under the order. Deputy Administrator, sale and retail routes of milk handlers Practically all of the Class I distri­ Regulatory Programs. doing business in the area are inter­ bution of the handlers who would be reg­ [P.R. Doc. 66-12988; Piled, Dec. 1, 1966; spersed. ulated under the proposed order is within 8:47 ajn.] The marketing area expansion was the proposed 15-county marketing area. proposed by Knoxville Milk Producers Moreover, these handlers are the prin­ Association and by a pool plant operator cipal distributors in each of the counties [ 7 CFR Part 1101 ] who also operates an unregulated plant in the proposed enlarged marketing area. [Docket No. AO 195-A12] in Harriman, Tenn. (the latter plant They are the only distributors in Camp­ would be the only additional plant to be­ bell, Grainger, Morgan, and Union Coun­ MILK IN KNOXVILLE, TENN., come regulated by the order because of ties. In Anderson, Cumberland, Ham­ MARKETING AREA the proposed marketing area expansion). blen, Knox, Scott, and Sevier Coun­ There was no opposition to the proposed ties, their distribution is 90 percent or Notice of Recommended Decision and 15-county marketing area. more of the total distribution in each Opportunity To File Written Excep­ In addition to the 15 counties enumer­ county. In each of the five other coun­ tions on Proposed Amendments to ties, their distribution is between 60 and ated above, the notice of hearing also 90 percent of the total. The remaining Tentative Marketing Agreement contained a proposal to include Monroe sales in each county are by handlers and to Order County in the marketing area. No tes­ timony was presented in support of this regulated under the Appalachian, Chat­ Pursuant to the provisions of the Agri­ proposal. Accordingly, no action is tanooga, or Louisvillë-Lexington-Evans- cultural Marketing Agreement Act of taken herein to include it in the market­ ville orders. 1937, as amended (7 U.S.C. 601 et seq.), Because all producer milk must be fully ing area. regulated regardless of where it is sold, and the applicable rules of practice and The handling of milk in this proposed procedure governing the formulation of it is not feasible to differentiate, for the marketing area is in the current of inter­ purpose of regulation, between handlers’ marketing agreements and marketing state commerce and directly burdens, orders (7 CFR Part 900), notice is hereby Class I sales inside and outside the mar­ obstructs, or affects interstate commerce keting area. Otherwise, the effect of the given of the filing with the Hearing Clerk in milk and its products. The minimum of this recommended decision with re­ order would be nullified and the orderly sanitary requirements applicable to marketing process jeopardized. spect to proposed amendments to the Grade A milk throughout the present and tentative marketing agreement and order proposed marketing area is that of the If only his “in-area” sales were sub­ regulating the handling of milk in the State of Tennessee, which is patterned ject to classification, pricing and pool­ Knoxville, Tenn., marketing area. In­ ing, a regulated handler with Class I terested parties may file written excep­ after the U.S. Public Health Ordinance sales both inside and outside the market­ tions to this decision with the Hearing and Code. ing area could assign any value he chose Clerk, U.S. Department of Agriculture, The present marketing area does not to his outside sales. He thereby could Washington, D.C. 20250, by the 15th day constitute the proper marketing area reduce the average cost of all of his Class after publication of this decision in under current marketing conditions. I milk below that of other regulated han­ the F ederal R egister. The exceptions The 15-county area herein proposed as dlers having all, or substantially all, of should be filed in quadruplicate. All the marketing area represents more ap­ their Class I sales within the marketing written submissions made pursuant to propriately the sales area of the han­ area. In short, unless all milk of such a this notice will be made available for dlers now regulated by the Knoxville handler is fully regulated under the public inspection at the office of the order. Major factors that have con­ order, he in effect would not be subject Hearing Clerk during regular business tributed to bringing about this change to effective price regulation. The absence hours (7 CFR 1.27(b) ). are the advent of new and better high­ of effective classification, pricing, and Preliminary statement. The hearing ways, improved and larger transporta­ pooling of such milk would disrupt or­ on the record of which the proposed tion equipment, better refrigeration fa­ derly marketing conditions within the amendments, as hereinafter set forth, cilities for storing and moving milk and regulated marketing area and would lead to the tentative marketing agreement the shifting by consumers from home to a complete breakdown of the order. and to the order as amended, were for­ delivery to store purchases of fluid milk If a pool handler were free to value a por­ mulated, was conducted at Knoxville, products. tion of his milk at any price he chooses, Tenn., on April 13 and 14,1966, pursuant It is important that the marketing it would be impossible to enforce uni­ to notices thereof which were issued on area be defined on a county basis-because form prices to all fully regulated han­ February 21, 1966 (31 F.R. 3195) and on a significant portion of the sales of fluid dlers or a uniform basis of payments to March 3, 1966 (31 F.R. 4148). milk by handlers is in relatively rural the producers who supply the market. The material issues on the record of communities and because of the substan­ It is essential, therefore, that the order this hearing relate to: tial population immediately surrounding price all the producer milk received at a 1. Expansion of the marketing area; the various cities. pool plant regardless of the point of dis­ 2. Payments for producer milk; The operator of the presently unregu­ position. 3. Diversion of producer milk; lated plant in Harriman also operates Limited quantities (as provided) of 4. Butterfat differentials; and a pool plant in Norris. These two plants Class I milk may be sold within the reg­ 5. Miscellaneous and conforming are essentially one operation. At each ulated marketing area from points not changes. plant specific fluid milk products are under any Federal order. There is, of Findings and conclusions. The fol­ processed and packaged in certain type course, no way to treat such unregulated lowing findings and conclusions on the and size containers for distribution from milk uniformly with regulated milk other material issues are based on evidence both plants. The presently defined mar­ than to regulate it fully. Nevertheless, presented at the hearing and the record keting area has hampered this operation thereof : because no routes emanating from the 1. Expansion of the marketing area.Harriman plant have any distribution having less association than required for The Knoxville, Tenn., marketing area, within the marketing area as now des­ market pooling would not jeopardize which now contains Knox County, the ignated. To avoid compensatory pay­ marketing conditions within the regu­ cities of Alcoa and Maryville in Blount ments to the Knoxville pool on the milk lated marketing area. Official notice is County and Oak Ridge in Anderson handled at the Harriman plant (and dis­ taken of the June 19, 1964, decision (2» County should be expanded by adding tributed on routes from the Norris plant), F.R. 9001) supporting amendments to

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 PROPOSED RULE MAKING 15155 several orders, including the Knoxville, handlers with lower-than-average utili­ month from the present basis to a per­ Tenn., order. zation. centage of the aggregate producer milk The operator of this partially regulated The proponent association stated that deliveries. The latter basis is commonly plant is afforded the option of: (1) Pay­ under the proposal the market adminis­ applied in a number of Federal milk ing an amount equal to the difference be­ trator would know more promptly than orders. tween the Class I price and the weighted at present when a handler is delinquent On a monthly basis, Knoxville produc­ average value of producer milk with re­ in his payments for producer milk. This, ers do not produce large quantities of space to all Class I sales made in the the cooperative claimed, would permit milk in excess of the market’s fluid re­ marketing area, (2) purchasing at the the market administrator to institute quirements. Diversion provisions are for Class I price under any Federal order action more promptly in the collection of the purpose of enabling handlers and co­ sufficient Class I milk to cover his limited delinquent payments. operatives to divert producer milk when disposition within the marketing area, Other supporting reasons cited by the it is not needed in the market for Class or (3) paying his dairy farmers an cooperative were that (1) handlers would I purposes such as on weekends and holi­ amount not less than the value of all be relieved of the work and expense in days. The limitation herein proposed their milk computed on the basis of the preparing producer payrolls and writing will be more practicable than those now classification and pricing provisions of checks to producers, (2) handlers’ ac­ contained in the order in accommodating the order (the latter representing an counting to the pool would be simplified, diversion under current marketing con­ amount equal to the order obligation for and (3) any misunderstanding or con­ ditions and will facilitate the orderly dis­ milk which is imposed on fully regulated fusion which may attend payments by position of producer milk. handlers). handlers into, and their withdrawal of It is important that only milk regu­ While all fluid milk sales of the par­ monies from, the equalization fund would larly associated with the market should tially regulated plants are not neces­ tend to be dispelled. be eligible to be diverted to nonpool sarily priced on the same basis as fully The method of paying producers pro­ plants. It is appropriate, therefore, to regulated milk, the provisions described posed by the cooperative has worked provide that at least 10 days’ production are, however, adequate under most cir­ satisfactorily in the several markets of a producer be delivered to a pool plant cumstances to prevent sales of milk not where it is used. Most of the reasons during the month in September-Febru­ fully regulated (pooled) from adversely cited by the cooperative as to why it ary to qualify all of his production in the affecting operation of the order and the should be adopted in this market are same month for diversion within the fully regulated milk. those which might well be presented by limits proposed herein. If less than 10 In the course of the operation of the handlers. However, a majority of the days’ production of a producer is de­ order, the question may arise as to handlers objected to the introduction of livered to a pool plant during the month whether any territory within the bound­ this system of payment despite the ad­ in this period, then, only that quantity aries of the designated marketing area vantages the cooperative alleges it would of milk delivered to a nonpool plant that which is occupied by Government (Mu­ have for them. is not greater than the quantity delivered nicipal, State, or Federal) reservations, There is no indication that the present to a pool plant may be considered pro­ installations, institutions, or other es­ method of paying producers has not ducer milk. These requirements are suf­ tablishments shall be considered as with­ worked satisfactorily in this market. ficient under current conditions to estab­ in the marketing area. A proponent of Although producers contend that the col­ lish a producer’s association with the the marketing area expansion urged that lection of money from handlers would be Knoxville order market and still permit the order should state explicitly that any easier under the proposed system of pay­ the necessary flexibility for milk not such territory be a part of the market­ ment as compared with the present sys­ needed for fluid use. ing area. So that there will be no doubt tem, we cannot reach this conclusion on In the Knoxville market, the coopera­ as to the meaning or the intent of the ap­ the basis of the evidence submitted. tive exercises the responsibility for di­ plication of the marketing area defini­ 3. Diversion of producer milk. A co­verting its members’ milk to nonpool tion in the order, it should be indicated operative should be permitted to divert plants. Milk not needed by handlers that the marketing area shall include to nonpool plants up to 35 percent of its can, of course, be most economically han­ any territory wholly or partly within producer-members’ monthly deliveries to dled by being moved directly from the the area which is occupied by Govern­ all pool plants in September-February. farm to nearby manufacturing plants. ment (Municipal, State, or Federal) Similarly, a pool plant operator should The greatest efficiency in this regard is reservations, installations, institutions, be permitted to divert to nonpool plants achieved by diverting the milk from the or other establishments. up to 35 percent of producer milk physi­ farms of producers nearest the manu­ 2. Payments for producer milk. Thecally received at his plant during any facturing plants. This can be accom­ present order provisions for paying pro­ such month. plished most practicably if the diversion ducers should not be changed. The order now permits diversion of the is in terms of a percentage of the aggre­ The Knoxville Milk Producers Asso­ milk of individual producers for not more gate quantity of milk delivered to pool ciation proposed that pool plant opera­ than 10 days monthly in September-Feb­ plants by the cooperative, as herein pro­ tors be required to pay the market ruary. Unlimited diversion is allowed vided. administrator, at the applicable class in other months. The plants to which The operator of a pool plant should not prices, for all producer milk delivered to milk may be diverted are limited to non­ be permitted to divert the milk of a pro­ their plants. The market administra­ pool plants, including Chattanooga order ducer-member of a cooperative in the tor, in turn, would distribute such monies plants, but excluding plants regulated September-February period if the coop­ to producers through the payment of under other Federal orders. The only erative has diverted milk to nonpool the uniform price. The payments could changes provided by this decision are plants in the same month. To provide to made either directly to the producers with regard to diversions in September- otherwise would permit diversions in ex­ or to cooperatives authorized to collect February. There were no proposals for cess of the designated 35 percent limi­ lor their members. changing the other diversion provisions tation. A pool plant operator should, Under the current order provisions, of the order. however, be permitted to divert the milk each handler operating a pool plant is Producers proposed changing the basis of a producer-member of a cooperative if required to pay at least the uniform price for computing the amount of producer the cooperative has not diverted any -of o all producers (or their cooperative) milk that may be diverted during the the producer’s milk during the month. rom whom he purchases milk. The dif- September-February months from not The order now permits a proprietary r”'*'?06 between what the handler pays more than 10 days on an individual pro­ handler the same diversion privileges al­ Pwucers and the utilization value of his ducer basis to 35 percent of the total lowed a cooperative. A pool plant opera­ mine at the class prices is paid to, or re- producer milk of its members received at tor whose source of supply is principally tt from, an “equalization fund”, pool plants during the month. There from nonmember producers has no less util; higher-t h a n-average was no opposition to changing the basis need for diversion than does a coopera­ my the difference into this for computing the amount of producer tive whose members supply other pool o* This money is then paid out to milk that may be diverted during the plants. It is Appropriate, therefore, that

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15156 PROPOSED RULE MAKING such a handler be permitted to divert on Chicago butter price by 0.12. Producers mals necessary to produce milk and the the same percentage basis as that al­ proposed changing the butterfat differen­ processing and packaging of the milk lowed a cooperative. tial so that the Knoxville producer but­ shall be the personal enterprise and risk Milk diverted to nonpool plants in ex­ terfat differential will be the same as of the person involved. cess of the 35 percent limitation pro­ those in the Appalachian and Chatta­ (b) The Class n price computation vided would not be considered producer nooga orders. There was no opposition should be revised by deleting the use of milk. Hence, eligibility for pricing and to this proposal. the average reported paying prices of a pooling under the order would be for­ It is appropriate to calculate the- pro­ limited number of milk manufacturing feited on a quantity of milk equal to such ducer butterfat differential at the plants in Wisconsin and Michigan (Mid­ excess. In such* instances, the diverting weighted average of the Class I and Class west condensery price). handler would specify which milk is in­ II butterfat differentials. This will The Class II price in the Knoxville or­ eligible as producer milk. If the handler assure that returns to producers reflect der is now the average reported basic fails to make such designation, thereby the actual value of their butterfat at the paying prices at nine milk manufactur­ making it infeasible for the market ad­ class prices provided by the order. ing plants in Kentucky, Tennessee, ministrator to determine which milk was 5. Miscellaneous and conforming North Carolina, South Carolina, and overdiverted, all milk diverted to nonpool changes, (a) The “producer-handler” Virginia, plus 10 cents in the months of plants by such handler would be made definition should be changed to provide February through August and 25 cents ineligible as producer milk. that a producer-handler may receive in all other months. Such price, how­ 4. Butterfat differentials, (a) T h efluid milk products only from his own ever, may not exceed the highest of: butterfat differential applicable to Class production and from pool plants. In ad­ (1) Midwest condensery price; (2) a I milk should be 12 percent of the Chi­ dition, a producer-handler should be re­ formula price based on the market prices cago butter price for the preceding month quired to provide proof satisfactory to for butter and Cheddar cheese; and (3) (instead of 13 percent as now provided the market administrator that the care a formula price based on the market in the order). and management of the dairy animals prices of butter and nonfat dry milk. The differential herein provided, which and other resources necessary to produce The Midwest condensery price has never was proposed by producers, has wide ac­ the entire volume of fluid milk products influenced the- Class H price since this ceptance and is the Class I butterfat dif­ handled (excluding receipts from pool formula was incorporated into the order.. ferential most applicable in other Fed­ plants) and the operation of the process­ The Midwest condensery price is not eral orders. For the year 1965, the ing, packaging and distribution business now as representative a price of manu­ proposed differential averaged 7.2 cents. are his personal enterprise and risk. facturing grade milk as it was when first The actual average Class I butterfat dif­ The order now qualifies as a producer- incorporated into the order. Originally, ferential in 1965 was 7.8 cents. handler a person who processes milk the Midwest condensery price was based The lower Class I butterfat differential from his own production, distributing on the reported paying prices of 18 will allocate less value to the butterfat all or a portion of it in the marketing plants in Wisconsin and Michigan. The in Class I milk and more value to the area, and receives no milk from pro­ number of such plants has now dwindled skim milk portion. In 1965 when the ducers. The producer-handler defini­ to six and these are operated by four Class I price averaged $4.69, the value tion set forth in the attached order was firms. Because of the relatively few of 3.5 pounds of butterfat in a hundred proposed by producers and is similar to plants now included in the Midwest con­ pounds of milk was $2.73 (35 x 7.8 cents). the definition provided in many other densery series and the fact it has never The skim milk portion of such hundred Federal orders. This revision would not influenced the Class H price, it would pounds of milk was -valued at $1.96. change the status of the one producer- not be practicable to continue to rely on The proposed butterfat differential of handler now operating in the marketing this series as an accurate measure of 12 percent of the Chicago butter price area. manufacturing milk values. would have valued the butterfat in a Currently, a producer-handler may (c) The expansion of the marketing hundred pounds of milk in 1965 at $2.52 receive fluid milk products from any area provided in this decision would re­ (35 X 7.2 cents). This is 21 cents less source other than dairy farmers. In sult in the presently unregulated plant than the value of the 3.5 pounds of but­ this circumstance, he may have the op­ at H^rriman becoming a pool plant un­ terfat in a hundred pounds of milk under portunity to purchase supplemental sup­ der the order. Because the dairy farm­ the Knoxville order in 1965. Had such plies from unregulated sources at less ers supplying this plant are not now a differential been in effect, however, than the Class I price. The use of such producers under the Knoxville order, the value of the skim milk portion of unregulated milk for Class I purposes by they are not establishing bases under the the milk would have been increased by a producer-handler would not only pro­ order. To the extent that these dairy 21 cents. vide him with a competitive advantage farmers are regular suppliers of that A number of fluid milk products on the over regulated handlers but also tend to plant, they should be assigned bases ac­ market have a proportionately higher be disruptive to orderly marketing. cording to their deliveries to the Harri- percentage of solids-not-fat (e.g. forti­ Under the order, fluid milk products man plant in the same manner as other fied or modified skim milk). With a rel­ transferred from at pool plant to a pro­ producers who delivered milk to pool atively high Class I butterfat differential, ducer-handler are classified as Class I. plants in the base-making period. producers do not receive their appropri­ Thus, the cost to a producer-handler for Without bases, these dairy fanners would ate share of the Class I sales value rep­ supplemental supplies obtained from receive during the 5-month base-paying resented by the solids-not-fat portion of pool plants approximates regulated han­ period only the excess (Class H) price fluid milk products. dlers’ cost for Class I milk. Under cur­ for their milk even though the milk The proposed Class I butterfat differ­ rent market conditions, a producer- would be used for supplying the market’s ential is identical with that provided in handler who either produces his entire Class I needs. the nearby Federal order markets of Class I requirements plus reserves or Accordingly, a dairy farmer supplying Nashville, Appalachian, Memphis, and relies only on pool sources for supple­ a plant that was a nonpool plant in the liOUisville-Lexington-Evansville. Hence, mental supplies will not have a signifi­ preceding September through February it will contribute to orderly market by cant competitive advantage over regu­ and that qualified as a pool plant in any pricing the butterfat in producer milk lated handlers. month of April through August should competitively with the butterfat for It is desirable and appropriate that the be assigned a base according to his pre­ Class I uses from alternative sources of order clearly specify that a person fully ceding September-February deliveries to supply. exempt from the pricing and pooling the plant. This provision, which is com­ (b) The butterfat differential to pro­provisions as a producer-handler is, in monly provided in other orders (includ­ ducers should be calculated at the aver­ fact, the person responsible for the op­ ing the nearby Nashville order), gives age of the Class I and Class II butterfat eration of both the dairy farm and the appropriate consideration to those dairy differentials weighted by the proportion distribution business. This can be ac­ farmers who are regularly associates of butterfat in producer milk classified in complished best by having the order with the presently unregulated Harri- each class during the month. state explicitly that to qualify for pro­ man plant (that would become a poo The producer butterfat differential is ducer-handler status, the maintenance, plant by expansion of the marketing presently computed by multiplying the care and management of the dairy ani­ area) and to other dairy farmers sim- FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 PROPOSED RULE MAKING 15157 ilarly situated who may come on the lowing counties, all in the State of Ten­ shall not be deemed to have been received market. nessee, including all territory wholly or at a pool plant and shall not be producer Rulings on proposed findings end con­ partly therein occupied by Government milk; clusions. Briefs and proposed findings (Municipal, State, or Federal) reserva­ (3) A cooperative association may di­ and conclusions were filed on behalf of tions, installations, institutions, or other vert for its account the milk of any certain interested parties. These briefs, similar establishments. member-producer: Provided, That in any proposed findings, and conclusions and Anderson. Knox. month of September through February, the evidence in the record were consid­ Blount. Loudon. the total quantity of milk so diverted ered in making the findings and conclu­ Campbell. Morgan. that exceeds 35 percent of the milk phys­ sions set forth above. To the extent that Cocke. Roane. ically received from member-producers the suggested findings and conclusions Cumberland. Scott. at all pool plants during the month shall filed by interested parties are inconsist­ Grainger. Sevier. not be deemed to have been received at ent with the findings and conclusions set Hamblen. Union. a pool plant and shall not be producer forth herein, the requests to make such Jefferson. milk; findings or reach such conclusions are 2. Section 1101.7 is revised to read as (4) A handler operating a pool plant denied for the reasons previously stated follows: may divert for his account: (i) In any month of March through in this decision. § 1101.7 Producer-handler. General findings. The findings and August^the milk of any producer; and determinations hereinafter set forth are “Producer-handler” means any person (ii) In any month of September supplementary and in addition to the who: through February, the milk of any pro­ findings and determinations previously (a) ' Operates a dairy farm and an ap­ducer other than a member of a coop­ made in connection with the issuance of proved plant from which Class I milk erative association which has diverted the aforesaid order and of the previously is disposed of on routes in the marketing milk during the month pursuant to sub- issued amendments thereto; and all of area; paragraph (3) of this paragraph: Pro­ said previous findings and determina­ (b) Receives no fluid milk products vided, That the total quantity of milk tions are hereby ratified and affirmed, from other dairy farmers or from sources so diverted that exceeds 35 percent of except insofar as such findings and de­ other than pool plants; and the milk physically received at such pool terminations may be in conflict with the (c) Provides proof satisfactory to the plant during the month from producers findings and determinations set forth market administrator that the care and who are not members of such a coopera­ herein. management of the dairy animals and tive association shall not be deemed to (a) The tentative marketing agree­ other resources necessary to produce the have been received at a pool plant and ment and the order, as hereby proposed entire volume of fluid milk products shall not be producer milk; and to be amended, and all of the terms and handled (excluding receipts from pool (5) The diverting handler shall desig­ conditions thereof, will tend to effectu­ plants) and the operations of the proc­ nate the dairy farmers whose milk is not ate the declared policy of the Act; essing, packaging and distribution busi­ producer milk pursuant to subparagraph (b) The parity prices of milk as deter­ ness are the personal enterprise and risk (3) and (4) of this paragraph. If the mined pursuant to section 2 of the Act of such person. handler fails to make such designation, are not reasonable in view of the price 3. Section 1101.12 is revised to read no milk diverted by him shall be pro­ of feeds, available supplies of feeds, and as follows: ducer milk. other economic conditions which affect 5. In § 1101.51, paragraph (b) is re­ market supply and demand for milk in § 1101.12 Producer. vised to read as follows: the marketing area, and the minimum “Producer” means any person, except a producer-handler as defined in any § 1101.51 Class prices. prices specified in the proposed market­ ***** ing agreement and the order, as hereby order (including this part) issued pur­ proposed to bo amended, are such prices suant to the Act, who produces milk in (b) Class II milk price. The price for as will reflect the aforesaid factors, in­ compliance with the inspection require­ Class n milk shall be the price deter­ sure a sufficient quantity of pure and ments of a duly constituted health au­ mined pursuant to subparagraph (1) of wholesome milk, and be in the public thority, which milk is received at a pool this paragraph not to exceed the higher interest; and plant or diverted pursuant to § 1101.13 of the prices computed pursuant to sub- (c) The tentative marketing agree­ from a pool plant to a nonpool plant. paragraphs (2) and (3) of this para­ ment and the order, as hereby proposed 4. Section 1101.13 is revised to read as graph, and adjusted to a 3.5 percent to be amended, will regulate the han­ follows: butterfat basis by subtracting five times ding of milk in the same manner as, and the butterfat differential for the month will be applicable only to persons in the § 1101.13 Producer milk. computed pursuant to § 1101.52(b) and respective classes of industrial and com­ “Producer milk” means the skim milk rounding to the nearest cent. mercial activity specified in, a market­ and butterfat contained in milk: (1) To the arithmetical average of the ing agreement upon which a hearing (a) Received at a pool plant directly basic (or field) prices reported to have nas been held. from a producer; or been paid or to be paid per hundred­ Recommended marketing agreement (b) Diverted from a pool plant to a weight for milk of 4.0 percent butterfat owd order amending the order. The nonpool plant that is not an other order content received from farmers during following order amending the order as plant (except such a plant fully subject the month at the following plants or amended regulating the handling of milk to the provisions of Part 1090 (Chat­ places for which prices have been re­ Jh the Knoxville, Tenn., marketing area tanooga, Tenn.) of this chapter) or a ported to the market administrator or to is recommended as the detailed and ap­ producer-handler plant, subject to the the Department of Agriculture, on cr be­ propriate means by which the foregoing following: fore the 6th day after the end of the conclusions may be carried out. The (1) Milk so diverted for the account month: recommended marketing agreement is of a handler operating a pool plant shall Company and Location not included in this decision because the be deemed to have been received by the Pet Milk Co., Bowling Green, Ky. Pet Milk Co., Greeneville, Tenn. regulatory provisions thereof would be handler at the pool plant from which Pet Milk Co., Abingdon, Va. me same as those contained in the order, diverted and if diverted for the account Carnation Co., Murfreesboro, Tenn. as hereby proposed to be amended : of a cooperative association, shall be Carnation Co., Statesville, N.C. 1* Section 1101.5 is revised to read as deemed to have been received by the Carnation Co., Galax, Va. follows: cooperative association at the location Borden Co., Lewisburg, Tenn. of the pool plant from which diverted; Borden Co., Chester, S.C. W ®K 5 Knoxville, Tenn., marketing Kraft Foods Co., Greeneville, Tenn. area. (2) If less than 10 days’ production of a producer is delivered to a pool plant Add 10 cents in the months of February . ^ f “Knoxville, Tenn., marketing in any month of September through through August and add 25 cents in all nr!»» "creinafter called the “marketing February, the quantity of milk of any other months. mu , n?eails all the territory geographi- such producer diverted during the month (2) The price per hundredweight com­ ly within the boundaries of the fol- that exceeds that delivered to pool plants puted as follows: FEDERAL REGISTER, VOL. 31, NO. 233—FRIDAY, DECEMBER 2, 1966 15158 PROPOSED RULE MAKING (i) Multiply by 6 the average price per class pursuant to § 1101.46 by the respec­ pound of butter as described in § 1101.50; tive butterfat differential for each class, FEDERAL HOME LOAN BANK BOARD (ii) Add an amount equal to 2.4 times dividing the sum of such values by the the arithmetical average of the weekly total pounds of such butterfat, and [1 2 CFR Part 525 ] prevailing price per pound of “Twins” rounding the resultant figure to the near­ [No. 20,298] during the month on the Wisconsin est one-fifth cent. Cheese Exchange: Provided, That if the * * * * * FEDERAL HOME LOAN BANK price of “Twins” is not quoted on such SYSTEM Exchange, the weekly prevailing price Signed at Washington, D.C., on Novem­ per pound of “Cheddars” shall be used; ber 28, 1966. Extension of Credit Clarence H. G irard, and Deputy Administrator N ovember 25, 1966. (iii) Divide by 7, add 30 percent there­ Regulatory Programs. Resolved that, pursuant to Part 508 of, and then multiply by 4. of the General Regulations of the Fed­ (3) The price per hundredweight ob­ [P.E. Doc. 66-12969; Piled, Dec. 1, 1966; eral Home Loan Bank Board (12 CFR tained by adding together the plus values 8:46 a.m.] Part 508) it is hereby proposed that computed pursuant to subdivisions (i) § 525.2 of the regulations for the Federal and (ii) of this subparagraph: Home Loan Bank System (12 CFR 525.2) (i) Multiply by 4 the average price be revised to read as follows: per pound of butter as described in FEDERAL COMMUNICATIONS § 1101.50 and add 20 percent thereof; § 5 2 5 .2 E xtension o f credit. (ii) From the average of carlot prices COMMISSION The board of directors of each Bank per pound of nonfat dry milk solids, spray [ 47 CFR Part 18 1 shall adopt, and review at least every 6 process, for human consumption, f.o.b. [Docket No. 11467] months, a policy governing the extension Chicago area manufacturing plants, as of credit to the members of the Bank published for the period from the 26th RADIO FREQUENCY STABILIZED ARC which is consistent with this subchapter day of the immediately preceding month WELDERS and policy directives of the Board. The through the 25th day of the current officers of the Bank designated by its month by the Department of Agriculture, Further Extension of Time for Filing board of directors may extend or deny subtract 5 cents and multiply by 7.5. Comments credit and take such other action as is 6. In § 1101.52, paragraph (a) is re­ The Commission has before it for con­ in conformity with the credit policy of vised to read as follows: the Bank, this subchapter, and policy sideration a request dated October 28, directives of the Board. No advance § 1101.52 Butterfal differentials to 1966,' by the Joint Industry Committee shall be made or other credit action taken handlers. on High Frequency Stabilized Arc Weld­ which would constitute an exception to * * * * * ers to extend the time for filing comments in the above proceeding from November the credit policy of the Bank without (a) Class I milk. Multiply the aver­1, 1966, to February 1, 1967. the prior approval of the board of direc­ age price per pound of butter for the On October 27,1966, the time for filing tors or a committee of directors desig­ month as described in § 1101.50 by 0.12. comments in the proceeding was ex­ nated by the board of directors to ap­ * * * * * tended from November 1, 1966, to prove exceptions, and no exception shall 7. Section 1101.60 is revised to read as December 1, 1966, at the request of the be made to this subchapter or policy follows: Aerospace and Flight Test Radio Co­ directives of the Board unless authorized ordinating Council. The Joint Industry by and made in accordance with this § 1101.60 Daily average base. Committee has requested a longer ex­ subchapter and policy directives of the Subject to the rules set forth .in tension for the following reasons. Board. The board of directors shall re­ § 1101.61, the daily average base for each The Joint Industry Committee has quire the officers of the Bank to report producer shall be an amount calculated undertaken a comprehensive testing pro­ promptly to it or to the executive com­ by dividing the total pounds of producer gram on radio frequency stabilized arc mittee all actions taken under this sec­ milk received from such producer by all welders. While the initial tests have tion, and shall review such actions for handlers during the months of Septem­ been completed by one of its subcom­ compliance with this section. ber through February immediately pre­ mittees, the report of those tests cannot (Sec. 17, 47 Stat. 736, as amended; 12 U.S.C. ceding by the number of days from the be prepared for the evaluation and study 1437. Reorg. Plan No. 3 of 1947, 12 F.R. first day of delivery by such producer by the Joint Industry Committee within 4981, 3 CFR, 1947 Supp.) during such months to the last day of the time for filing comments. Further­ Resolved further that all interested February, inclusive, but not less than more, the analysis of that report could persons are hereby given the opportunity 120 days: Provided, That in the case of necessitate further testing before the to submit written data, views, or argu­ producers delivering milk to a pool plant Joint Industry Committee would be in ments on the following subjects and is­ which was not a pool plant during all of a position to develop appropriate com­ sues: (1) Whether said proposed amend­ the preceding months of September ments on the proposed rule-making. ment should be adopted as proposed; (2) through February a daily average base The data which the Committee will whether said proposed amendment for each such producer shall be com­ derive from its testing should be of in­ should be modified and adopted as modi­ puted pursuant to this section on the terest to the Commission in the proceed­ fied; (3) whether said proposed amend­ basis of his verifiable deliveries of milk ing and, accordingly, the public interest ment should be rejected. All such writ­ to such plant during the period Septem­ will be served by granting the additional ten data, views, or arguments must be ber through February preceding the time requested. received through the mail or otherwise month in which the plant became a pool Therefore, it is ordered, This 28th day at the Office of the Secretary, Federal plant. of November 1966, pursuant to § 0.251(b) Home Loan Bank Board, Federal Home 8. In § 1101.85, paragraph (a) is re­ of the Commission's rules, that the time Loan Bank Board Building, 101 Indiana vised to read as follows: for filing comments in this proceeding Avenue NW., Washington, D.C. 20552, not is extended to February 1, 1967, and the later than January 2,1967, to be entitled § 1101.85 Butterfal and location dif­ time for filing reply comments is ex­ to be considered, but any received later ferentials to producers. tended to February 15, 1967. may be considered in the discretion of (a) Butter fat differential to producers. Released: November 29, 1966. the Federal Home Loan Bank Board. The applicable uniform price shall be in­ By the Federal Home Loan Bank creased or decreased for each one-tenth F ederal Communications Board. percent which the average butterfat con­ Co m m issio n, tent of such milk is above or below 3.5 [ seal] B en F. W aple, [ seal] H arry W . Caulsen, percent, respectively, at the rate deter­ Secretary. Secretary. mined by multiplying the pounds of but­ [F.R. Doc. 66-12997; Piled, Dec. 1, 1966; [F.R. Doc. 66-12953; Filed, Dec. 1. 1966: terfat in producer milk allocated to each 8:48 a.m.] 8:45 am .]

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15159 Notices

441 (80 Stat. 192) June 3, 1966, for the notice may have full opportunity to re­ DEPARTMENT OF THE INTERIOR purpose of closing the meander line cord their views on such revision. around the Great Salt Lake in the State Dated: November 30,1966. Bureau of Land Management of Utah, has been completed and ap­ proved November 14, 1966. The plat of A. V. Astin, NEW MEXICO this survey is filed in the official records Director. of the Bureau of Land Management, Redelegation of Authority to District [F.R. Doc. 66-13044; Filed, Dec. 1, 1966; Federal Building, Salt Lake City, Utah. 9:25 a.m.] Managers J oh n O. Crow , As authorized in section 1.1 of Bureau Associate Director. Order No. 701 of July 23,1964 (F.R. Doc. 64-7492 ; 29 F.R. 10526), as amended, N ovember 30, 1966. DEPARTMENT OF HEALTH, EDUCA­ the District Managers in New Mexico are [F.R. Doc. 66-13017; Filed, Dec. 1, 1966; hereby redelegated authority to take all 8:48 ajn.] TION, AND WELFARE actions to: Office of the Secretary Sec. 3.8 Forest management—(a) Disposition of forest products. (1) Dis­ Office of the Secretary SPECIAL ASSISTANT TO SECRETARY pose of or permit the free use of forest E. CLYDE McGRAW FOR CIVIL RIGHTS products when authorized by law on lands under the jurisdiction of the Bu­ Statement of Changes in Financial Delegation of Authority reau of Land Management under appli­ Interests Notice is hereby given of the follow­ cable portions of 43 CFR Subpart 5400. In accordance with the requirements ing delegation from the Secretary of Any sale of timber in excess of 10 mil­ of section 710(b) (6) of the Defense Pro­ Health, Education, and Welfare to the lion feet board measure must be ap­ duction Act of 1950, as amended, and Special Assistant to the Secretary for proved, prior to advertisement, and any Executive Order 10647 of November 28, Civil Rights: free use permit in excess of $5,000 in 1955, the following changes have taken Authority is hereby delegated to the value must be approved, prior to issu­ place in my financial interests during Special Assistant to the Secretary for ance, by tiie State Director or his the past 6 months: Civil Rights to enter into agreements delegate. (1) None. on behalf of the Secretary with other * * * * * (2) Add: American Telephone and Tele­ Departments and agencies of the Fed­ Sec. 3.9 Land use. * * * graph; New York City 4.30 percent bonds due eral Government to provide for the con­ (g) Material other than forest prod­1970; $10,000 U.S. Treasury Bills. duct of consolidated or joint civil rights hearings and for the application to such ucts. (1) Sell or contract for the sale This statement is made as of December of material other than forest products, 1, 1966. hearings of appropriate rules of proce­ or permit the free use of materials other dure, in the circumstances specified in than forest products not exceeding $5,000 Dated: November 14, 1966. § 80.9(e) of Part 80 of the Department’s in value under 43 CFR Part 3610. Regulations, 45 CFR 80.9(e). E . Clyde M cG raw. * * * * ' m Authority for delegation. Section [F.R. Doc. 66-12961; Filed, Dec. 1, 1966; 80.12(c) of the Department’s Regulations (o) Special land use permits. (1) Is­ 8:45 a.m.] on Nondiscrimination in Federally As­ sue special land use permits for public sisted Programs, 29 F.R. 16298, 45 CFR lands under the administration of the 80.12(c); section 6 of Reorganization Bureau of Land Management, both Plan No. 1 of 1953. within and outside established grazing DEPARTMENT OF COMMERCE This delegation shall expire at the districts, under 43 CFR Subpart 2236. close of business on December 2, 1966. No special use permit may be issued in National Bureau of Standards any case in which the provisions of Dated: November 25, 1966. AMERICAN LUMBER STANDARDS existing public laws may be invoked. [ seal] W ilbur J. Coh en, * * • * * * FOR SOFTWOOD LUMBER Acting Secretary. The authority herein delegated may Extension of Deadline for Responses [F.R. Doc. 66-12984; Filed, Dec. 1, 1966; be redelegated in accordance with sec­ 8:47 a.m.] tion 3.1 of Bureau Order 701, as Concerning Revision of Simplified amended. This redelegation will become Practice Recommendation 16-53 effective upon publication in the F ederal On November 18, 1966, public notice Register. was given in the F ederal R egister (Vol­ FEDERAL COMMUNICATIONS W. J. Anderson, ume 31, No. 234, Page 14697), by the State Director. National Bureau of Standards regarding Approved: November 25, 1966. the distribution of the Recommended COMMISSION Revision of Simplified Practice Recom­ [Docket Nos. 16826, 16827; FCC 66M-1596] J. P. B ierne, mendation 16-53, “American Lumber Acting Associate Director. Standards for Softwood Lumber.” The BRANCH ASSOCIATES, INC. AND [PR. Doc. 66-12960; Filed, Dec. 1, 1966; November 18, 1966 notice established a ASCENSION PARISH BROADCAST­ 8:45 a.m.] deadline of December 3, 1966, for trans­ ING CO. mittal of responses concerning this re­ vision. Order Continuing Prehearing UTAH The deadline for transmittal of re­ Conference Notice of Completion of Public Land sponses is hereby extended to December In re applications of Branch Associ­ Survey 15, 1966. This extension is being made ates, Inc., Houma, La., Docket No. 16826, in order that those persons to whom File No. BP-16701; R. E. Hook, trading k ^,otice ^ hereby given that the public copies of the Recommended Revision as Ascension Parish Broadcasting Co., ana survey required by Public Law 89- have been sent as of the date of this Donaldsonville, La., Docket No. 16827,

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15160 NOTICES Pile No. BP-17035; for construction per­ So ordered, This 29th day of Novem­ to the request of the Examiner, con­ mits. ber 1966. tained in his November 1, 1966, order, 2 This hearing having been placed in Released: November 29, 1966. the parties have furnished him with indefinite continuance for the purpose their views concerning a new schedule. of affording the applicants an oppor­ F ederal Communications The one set forth below, as the Examiner tunity of submitting for Commission ap­ Com m ission, understands it, reflects the views of the proval an agreement which would obviate [seal] Ben F. Waple, parties in respect to a mutually agreeable the necessity for hearing; Secretary. schedule. It appearing, that adequate time for [F.R. Doc. 66-12993; Filed, Dec. 1, 1966; Accordingly, it is ordered, This 25th the preparation and submission of such 8:47 a.m.] day of November 1966, on the Examiner’s agreement has elapsed and that it is now owrf motion, that the following schedule appropriate that dates be established shall govern the future course of this for hearing on the designated issues; [Docket Nos. 16876-16878; FCC 66M-1598] proceeding: It is ordered, This 28th day of Novem­ LORAIN COMMUNITY BROADCAST­ January 16, 1967: Exchange of ex­ hibits. ber 1966, that a prehearing conference ING, INC., ET AL. shall convene on December 5, 1966, at 9 January 30, 1967: Parties to make re­ a.m. in the offices of the Commission at Order Continuing Hearing quests on each other for additional Washington, D.C. information. In re applications of Lorain Commu­ February 20, 1967: Parties to submit Released: November 29, 1966. nity Broadcasting Co., Lorain, Ohio, such material as they desire to submit Docket No. 16876, File No. BP-16940; in response to requests for additional in­ F ederal Communications Allied Broadcasting, Inc., Lorain, Ohio, formation; parties to exchange with Commission, Docket No. 16877, File No. BP-17297; each other lists of witnesses intended [seal] Ben F. Waple, Midwest Broadcasting Co., Lorain, Ohio, for deposition or for oral direct testi­ Secretary. Docket No. 16878, File No. BP-17302; for mony. [F.R. Doc. 66-12992; Filed, Dec. 1 1966; construction permits. February 27,1967: Formal commence­ 8:47 a.m.] Upon the oral telephone request of ment of hearing with offering of written counsel for Allied Broadcasting, Inc., and exhibits into evidence. with the consent of all the parties to the March 1, 1967: Parties to request wit­ [Docket No. 16606; 16970; FCC 66M-1608] above-entitled proceeding: It is ordered, nesses for cross-examination. This 28th day of November 1966, that the March 15, 1967: Hearing to resume KANSAS STATE NETWORK, INC. AND presently scheduled dates be modified as with the presentation of oral testimony. TOPEKA TELEVISION, INC. follows: Exchange of exhibits presently sched­ Released: November 28, 1966. Statement and Order After Prehearing uled for November 28, 1966, is continued F ederal Communications Conference to December 22, 1966; Com m ission, Notification of witnesses presently [seal] Ben F. Waple, In re applications of Kansas State Net­ scheduled for December 8, 1966, is con­ Secretary. work, Inc., Topeka, Kans., Docket No. tinued to January 6, 1967; and [F.R. Doc. 66-12995; Filed, Dec. 1, 1966; 16606, File No. BPCT-3537; Topeka Tele­ Hearing presently scheduled for De­ 8:48 a.m.] vision, Inc., Topeka, Kans., Docket No. cember 14, 1966, is continued to January 16970, File No. BPCT-3662; for construc­ 11, 1967. tion permit for new television broadcast [Docket No. 16990; FCC 66-1027] station. Released: November 29,1966. TAFT BROADCASTING CO. (WKYT-TV) At today’s prehearing conference, F ederal Communications there was consideration, among other Com m ission, AND WLEX-TV, INC. things, of the Broadcast Bureau’s state­ [seal] B en F. Waple, ment in support of Kansas State Net­ Secretary. Memorandum Opinion and Order Designating Hearing work, Inc.’s petition for leave to amend [F.R. Doc. 66-12994; Filed, Dec. 1, 1966; to Channel 49 in place of Channel 43. 8:48 a.m.] In the matter*of petitions by Taft In that supporting statement, filed No­ Broadcasting Co. (WKYT-TV) and vember 22, the Bureau asked, however, WLEX-TV, Inc., Lexington, Ky., to stay that Kansas State’s application as [Docket Nos. 16679,16680; FCC 66M-1591] construction and to prevent expansion amended be removed from hearing status RKO GENERAL, INC. (KHJ-TV) AND of CATV systems in the Lexington mar­ and returned to the processing line. ket area by Berea Cablevision Co., Inc., The Hearing Examiner issued his order FIDELITY TELEVISION, INC. Gregg Cablevision, Inc., and Mount of November 23 (FCC 66M-1579) with­ Order Regarding Procedural Dates Sterling Antennavision Co., Docket No. out knowledge of the prior filing of the 16990. Broadcast Bureau’s statement; he ac­ In re applications of RKO General, 1. The Commission has for considera­ cepted the amendment and directed that Inc. (KHJ-TV), Los Angeles, Calif., tion a petition filed June 13, 1966, by the two captioned applications be re­ Docket No. 16679, File No. BRCT-58; for Taft Broadcasting Co., licensee of tele­ tained in hearing status. renewal of broadcast license; Fidelity vision station WKYT-TV, Channel 27, Following a discussion, the Hearing Television, Inc., Norwalk, Calif., Docket Lexington, Ky., requesting temporary Examiner modified his order of Novem­ No. 16680, File No. BPCT-3655; for con­ and permanent relief pursuant to ber 23 to provide that the applications struction permit for new television § 74.1109 of the rules against the im­ of Kansas State Network, Inc., Docket broadcast station (Channel 9). portation of distant signals by Berea No. 16606, and Topeka Television, Inc., Although designated for hearing on Cablevision Co. to its CATV system in Docket No. 16970, are severed from the June 8, 1966, this matter has long been Berea, Ky., and by Gregg Cablevision to consolidated hearing and would proceed awaiting the taking of that step, due to its CATV systems in Danville and Lan­ to separate and independent hearing. pending pleading before the Commis­ caster.' WLEX-TV on Channel 18 m The hearing on the application of sion’s Review Board, By order, released Lexington and Taft Broadcasting filed Tokepa Television, Inc. will be held, as November 1, 1966, the Examiner va­ other petitions bn July 19 and 20 against now scheduled, on December 29, 1966. cated the' schedule of procedural steps the proposed CATV system of Mount The hearing on the application of preliminarily arranged and continued Sterling Antennavision Co. in Mount Kansas State Network, Inc. is resched­ the hearing indefinitely (FCC 66M- Sterling, Ky. in view of the community uled from December 29, 1966, to Janu­ 1480). Since that continuance, the Re­ of,interest of these matters, the Com­ ary 10, 1967. view Board has acted on the pending mission is taking them up at the same Time for appeal from this statement pleadings, and the captioned matter now time. Taft and WLEX-TV have asked and order dates from its release. appears ripe for rescheduling. Pursuant that the Commission issue an order to

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 NOTICES 15161 Berea, Gregg, and to Mount Sterling 2. To determine the effects of current and WLEX-TV, Inc. are granted, and, Antennavision to withhold construction and proposed CATV service in the Lex­ in other respects, denied. of their proposed CATV systems pending ington area upon existing, proposed, and Released: November 29, 1966. a final determination on the merits of potential television broadcast stations in the petitions. the market. F ederal Communications 2. It is contended that the importa­ 3. To determine (1) the present policy Commission,1 tion of distant signals will deteriorate and proposed future plans of respondents [seal] Ben F. Waple, the Lexington UHF market and cause with respect to the furnishing of any Secretary. substantial injury to the two UHF sta­ service other than the relay of the sig­ [F.R. Doc. 66-12996; Filed, Dec. 1, 1966; tions. The petitions recite that there nals of broadcast stations; (2) the poten­ 8:48 a.m ] is a proliferation of CATV activity in the tial for such services; and (3) the impact Lexington market, with CATV systems of such services upon television broad­ in operation within four communities, cast stations in the market. CATV franchises in four more communi­ 4. To determine whether the CATV FEDERAL MARITIME COMMISSION ties (the communities under considera­ tion here), and applications for fran­ proposals are consistent with the public AMERICAN-FLAG PASSENGER LINES chises pending in two other places. Taft interest. calculates by the 1960 census that the Taft Broadcasting Co., WLEX-TV, Inc., Notice of Agreement Filed for total population which could be served by Berea Cablevision Co., Inc., Gregg Cable- Approval these CATV systems amounts to 184,980 vision, Inc., and Mount Sterling Anten­ Notice is hereby given that the follow­ persons. Gregg points out, in opposition, navision Co., are made parties to this ing agreement has been filed with the that thê communities where its CATV proceeding, and to participate must Commission for approval pursuant to sec­ systems will be operated do not now re­ comply with the applicable provisions of tion 15 of the Shipping Act, 1916, as ceive complete service from any network § 1.221 of the Commission’s rules. Re­ amended (39 Stat. 733, 75 Stat. 763, 46 and that the importation of Louisville spondents will be expected to go forward U.S.C. 814). and Cincinnati stations will make avail­ with Issues 1 and 3. Petitioners will Interested parties may inspect and ob­ able full network service. Mount Ster­ have the burden of proceeding with Issue tain a copy of the agreement at the ling argues that its CATV system could No. 2. The burden of proof with respect Washington office of the Federal Mari­ not, because of its size, have significant to Issue 4 is upon petitioners. A time time Commission, 1321 H Street NW., effect on the Lexington UHF stations. and place for the hearing will be speci­ Room 609; or may inspect agreements at 3. Lexington is the 141st television fied in another order. the office of the District Managers, New market and is all UHF. In addition to 4. Remaining for consideration in thisYork, N.Y., New Orleans, La., and San the two existing UHF stations in Lexing­ case is the question whether interim relief Francisco, Calif. Comments with refer­ ton, there are competing applications in should be afforded. The CATV system ence to an agreement including a request hearing for Channel 62, and there is an may, of course, commence operations for hearing, if desired, may be submitted application pending for educational with the signals of the two Lexington to the Secretary, Federal Maritime Com­ Channel 46. Each of the cities where stations (and any other stations which mission, Washington, D.C. 20573, within CATV systems are to be operated is lo­ commence operations during this interim 20 days after publication of this notice cated within the Grade B contours of period and place a predicted Grade B in the F ederal R egister. A copy of any WKYT-TV and WLEX-TV, but beyond contour over the communities in ques­ such statement should also be forwarded the Grade B contour of any VHF stations. tion) . We think that limited interim to the party filing the agreement (as in­ Gregg, Berea, and Mount Sterling pro­ relief should also be afforded on the facts dicated hereinafter) and the comments pose to carry on their CATV systems the of this case. We note that the Lexing­ should indicate that this has been done. signals of the two Lexington stations, the ton market is currently and may, for Notice of agreement filed for approval three network affiliates from Louisville, some time yet, be without a full lineup by: and the three network stations from of network stations, and that respond­ Mr. K. F. Gautier, Vice President—Passenger Cincinnati. In addition, Mount Sterling ents have spent and committed consider­ Traffic, United States Lines Co., 1 Broad­ proposes to carry the signals of the three able sums to an undertaking which can way, New York, N.Y. 10004. Huntington-Charleston network affili­ fill the service gap. Accordingly, in an ates. Lexington is approximately 75 effort to achieve an accommodation of Agreement 9598, between American miles from Cincinnati—the 16th televi­ the interests of the public in receiving Export Isbrandtsen Lines, Inc., Amer­ sion market, approximately 65 miles full network service and to give some ican President Lines, Ltd., Grace Line from Louisville—the 48th television mar­ measure of relief to the CATV systems: Inc., Matson Navigation Co., Moore-Mc- ket, and approximately 150 miles from It is ordered, That until this matter is Cormack Lines, Inc., The Oceanic Steam­ Huntington and Charleston—the 45th finally decided, respondents’ CATV sys­ ship Co., and United States Lines Co., television market. In view of the nature tems may, in addition to the foregoing establishes a cooperative working ar­ of the Lexington market, its present Lexington or other Grade B signals, rangement between the carriers to share UHF activity, and the facts set forth in supply to subscribers the signals of any jointly an office in the Department of the pleadings, a substantial question is of the Louisville stations, including the State Building, Washington, D.C., for raised as to the impact of the CATV the sale and issuance of passage tickets educational station on Channel 15. for vessels operated by the signatories systems upon UHF development. We This interim authority is, of course, sub­ will explore this question in hearing. hereto. We have also taken notice of the pend­ ject to compliance by the system oper­ Dated: November 29,1966. ing applications of American Television ators with the requirements of our non­ Relay (135/149-C1-P-67; 377/379-C1- duplication rules. We believe that this By order of the Federal Maritime Com­ P-67) insofar as they propose service to is a fair interim accommodation, and mission. T homas Lis i, wegg’s Lancaster and Danville systems. that it will not prejudice our ultimate Secretary. These applications have not yet been decision, which involves the impact of Processed, but will be considered iri thé [F.R. Doc. 66-12976; Filed, Dec. 1, 1966; context of the questions raised here, CATV upon UHF activity in the entire 8:46 a.m.] it is therefore ordered, This 16th day Lexington market. Our judgment is, of N°vember 1966, pursuant to section course, based upon the facts of this case, 1 Chairman Hyde absent; Commissioner f. °* the Communications Act and sec- Bartley’s dissenting statement in which and is not indicative of what interim Commissioner Loevinger joins, filed as part îon 74.1109 of the Commission’s rules, action, if any, would be appropriate as nat a hearing is ordered on the follow­ of the original document; Commissioners Lee ing issues: to other proposed CATV operations in and Cox dissenting in part and concurring in part and Commissioner Cox’s statement determine the present and pro- this area. filed as part of the original document; Com­ r?sea Penetration and extent of CATV Accordingly, to the extent indicated, missioner Johnson concurring in the desig­ service in the market. the petitions of Taft Broadcasting Co. nation for hearing.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 No. 233—Pt. I----- R 15162 NOTICES

ATLANTIC PASSENGER STEAMSHIP Interested parties may inspect and ob­ R egister. A copy of any such statement CONFERENCE tain a copy of the agreement at the should also be forwarded to the party Washington office of the Federal Mari­ filing the agreement (as indicated here­ Notice of Agreement Filed for time Commission, 1321 H Street NW., inafter) and the comments should in­ Approval Room 609; or may inspect agreements at dicate that this has been done. the office of the District Managers, New Notice of agreement filed for approval Notice is hereby given that the follow­ York, N.Y., New Orleans, La., and San by: ing agreement has been filed with the Francisco, Calif. Comments with refer­ Commission for approval pursuant to Mr. H. C. Williams, Nedlloyd Lines Inc., 25 ence to an agreement including a re­ Broadway, New York, N.Y. 10004. section 15 of the Shipping Act, 1916, as quest for hearing, if desired, may be amended (39 Stat. 733, 75 Stat. 763, 46 submitted to the Secretary, Federal Agreement 9554-1, between N. V. Ned­ U.S.C. 814). Maritime Commission, Washington, lloyd Lijnen and Hoegh Lines Joint Interested parties may inspect and ob­ D.C. 20573, within 20 days after publi­ Service, proposes to amend the sailing tain a copy of the agreement at the cation of this notice in the F ederal arrangement between the parties by Washington office of the Federal Mari­ R egister. A copy of any such statement broadening the scope thereof to include time Commission, 1321 H Street NW„ should also be forwarded to the party ports in the Persian Gulf. All other Room 609; or may inspect agreements filing the agreement (as indicated here­ existing provisions in the agreement at the office of the District Managers, inafter) and the comments should in­ shall remain unchanged. New York, N.Y., New Orleans, La., and dicate that this has been done. Dated: November 29, 1966. San Francisco, Calif. Comments with Notice of agreement filed for approval reference to an agreement including a by: By order of the Federal Maritime request for hearing, if desired, may be Commission. * submitted to the Secretary, Federal Mr. R. M. L. Duffy, Secretary, Atlantic Pas­ T homas Lisi, senger Steamship Conference, 65, Sandgate Maritime Commission, Washington, D.C. Road, Folkestone, Kent, England. Secretary. 20573, within 20 days after publication of [F.R. Doc. 66-12979; Filed, Dec. 1, 1966; this notice in the F ederal R egister. A Agreement 7840-69, between the mem­ 8:46 a.m.] copy of any such statement should also ber lines of the Atlantic Passenger be forwarded to the party filing the Steamship Conference modifies Article agreement (as indicated hereinafter) and 4 of the basic agreement to provide for BOARD OF COMMISSIONERS OF the comments should indicate that this (1) the establishment by unanimous has been done. agreement of the Member Lines of basic PORT OF NEW ORLEANS ET AL. Notice of agreement filed for approval minimum rates for all ships, all classes, Notice of Agreement Filed for by: predicated on the age, size, speed, and Approval Mr. R. M. L. Duffy, Secretary, Atlantic Pas­ general vessel characteristics, (2) the senger Steamship Conference, 65, Sandgate establishment of promotional fares, Notice is hereby given that the follow­ Road, Folkestone, Kent, England. rules and regulations relating to pas­ ing Agreement has been filed with the senger fares by unanimous agreement Commission for approval pursuant to Agreement 7840-70, between the mem­ of the Member Lines, and (3) the dele­ section 15 of the Shipping Act, 1916, as ber lines of the Atlantic Passenger tion of the last sentence of Article 4(a) amended (39 Stat. 733, 75 Stat. 763, 46 Steamship Conference proposes the re­ which permits a Member Line to quote U.S.C. 814). vision of Provision 7 of Annex 1, to the passenger fares higher than those agreed Interested parties may inspect and ob­ basic agreement effective from January upon, but which limits the application of tain a copy of the agreement at the 1, 1967, to provide for (1) the granting lower fares. of reduced rates at the discretion of the Washington office of the Federal Mari­ Dated: November 29, 1966. time Commission, 1321 H Street NW., member line to each Party Organiser or Room 609; or may inspect agreements at his representative who secures and con­ By order of the Federal Maritime the offices of the District Managers, New ducts parties of 10 to 14 or 15 to 19 full- Commission. York, N.Y., New Orleans, La., and San fare paying passengers traveling one way, T homas Lis i, Francisco, Calif. Comments with refer­ round trip, or on tour in the high season Secretary. and (2) the granting of an increase from ence to an agreement including a re­ 50 to 75 percent in the amount of fare [F.R. Doc. 66-12978; Filed, Dec. 1, 1966; quest for hearing, if desired, may be reductions to each Party Organiser or his 8:46 a.m.] submitted to the Secretary, Federal representative who secures and conducts Maritime Commission, Washington, D.C. parties of 10 to 14 passengers traveling 20573, within 20 days after publication N. V. NEDLLOYD LIJNEN AND HOEGH ederal egister in the low season, and subject to certain of this notice in the F R . LINES JOINT SERVICE A copy of any such statement should also conditions set forth therein. be forwarded to the party filing the Dated; November 29,1966. Notice of Agreement Filed for agreement (as indicated hereinafter), Approval and the comments should indicate that By order of the Federal Maritime Com­ this has been done. mission. Notice is hereby given that the follow­ Board of Commissioners of the Port T hom as Lis i, ing agreement has been filed with the of New Orleans, Board of Commissioners Secretary. Commission for approval pursuant to of Lake Charles Harbor and Terminal section 15 of the Shipping Act, 1916, as [F.R. Doc. 66-12977; Filed, Dec. 1, 1966; District and Greater Baton Rouge Port 8:46 a.m.] amended (39 Stat. 733, 75 Stat. 763, 46 Commission. U.S.C. 814). Notice of agreement filed for approval Interested parties may inspect and by: ATLANTIC PASSENGER STEAMSHIP obtain a copy of the agreement at the Washington office of the Federal Mari­ Cyrus C. Guidry, Board of Commissioners CONFERENCE of the Port of New Orleans, P o st Office time Commission, 1321 H Street NW., Box 60046, New Orleans, La. 70160. Notice of Agreement Filed for Room 609; or may inspect agreements Agreement No. T-2002 between the Approval at the office of the District Managers, New York, N.Y., New Orleans, La., and Board of Commissioners of the Port of Notice is hereby given that the follow­ San Francisco, Calif. Comments with New Orleans, the Board of Commission­ ing agreement has been filed with the reference to an agreement including a ers of Lake Charles Harbor and Terminal District and the Greater Baton Rouge Commission for approval pursuant to request for hearing, if desired, may be submitted to the Secretary, Federal Port Commission provides for the crea­ section 15 of the Shipping Act, 1916, Maritime Commission, Washington, tion of the Mid-Gulf Seaports Marine as amended (39 Stat. 733, 75 Stat. 763, D.C. 20573, within 20 days after publi­ Terminal Conference. The a g re e m e n 46 U.S.C. 814). cation of this notice in the F ederal will permit the members to d iscu ss ana

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 NOTICES 15163 , agree upon port terminal rates, charges, Oil & Gas Co., Inc. as respondent in said construction and operation of any fa­ rules, and regulations which will be pub­ proceeding and has expressed his will­ cilities subject to the jurisdiction of the lished in their respective tariffs. ingness to file a surety bond to assure Commission necessary therefor, are re­ Dated: November 29,1966. the refund of all amounts collected in quired by the public convenience and excess of the amount determined to be necessity and certificates therefore By order of the Federal Maritime Com­ just and reasonable in said proceeding. should be issued as hereinafter ordered mission. Therefore, Applicant will be substituted and conditioned. T homas Lis i, as respondent in said proceeding, the (4) The respective Applicants are able Secretary. proceeding will be redesignated accord­ and willing properly to do the acts and to [F .R . Doc. 66-12980; Filed, Dec. 1, 1966; ingly, and Applicant will be required to perform the services proposed and to 8:46 a.m.] file a surety bond. conform to the provisions of the Natural Hanley Co., Applicant in Docket No. Gas Act and the requirements, rules and CI67-289, proposes to continue in part regulations of the Commission there­ the sale of natural gas heretofore au­ under. FEDERAL POWER COMMISSION thorized in Docket No. G-12614, and (5) It is necessary and appropriate in made pursuant to Mobil Oil Corp. FPC carrying out the provisions of the Natu­ [Docket Nos. G-5999, etc.] Gas Rate Schedule No. 119. The con­ ral Gas Act and the public convenience SATURN OIL & GAS CO., ET AL. tract comprising said rate schedule will and necessity require that the certificate also be designated as a rate schedule of authorizations heretofore issued by the Findings and Order Applicant. The presently effective rate Commission in Docket Nos. G-4579, G- under said rate schedule is in effect sub­ 5999, G-8789, G-12455, G-12724, G-16004, N ovember 22,1966. ject to refund in Docket No. G-20407.1 0-16199, G-16218, G-16465, G-17199, Findings and order after statutory Applicant has submitted an agreement CI60-122, CI60-444, CI61-487, CI61-1187, hearing issuing certificates of public and undertaking to assure the refund of CI61-1726, CI62-28, CI64-423, CI64-1422, convenience and necessity, amending any amounts collected by it in excess of CI66-85, and CI66-1029 should be certificates, permitting and approving the amount determined to be just and amended as hereinafter ordered and con­ abandonment of service, terminating reasonable in said proceeding. There­ ditioned. certificates, terminating rate proceeding, fore, Applicant will be made co-respond­ (6) It is necessary and appropriate in making successor corespondent, substi­ ent in the proceeding pending in Docket carryijig out the provisions of the Natu­ tuting respondent, redesignating pro­ No. G-20407, the proceeding will be re­ ral Gas Act that the certificates hereto­ ceedings, accepting agreement and un­ designated accordingly, and the agree­ fore issued in the following dockets dertaking for filing, requiring filing of ment and undertaking will be accepted should be amended to reflect the deletion surety bond, and accepting related rate for filing. of acreage where new certificates are is­ After due notice, no petitions to inter­ sued herein or existing certificates are schedules and supplements for filing. vene, notices of intervention, or protests Each of the Applicants listed herein amended herein to authorize service from to the granting of any of the respective the subject acreage: has filed an application pursuant to sec­ applications or petitions in this order New certificate tion 7 of the Natural Gas Act for a have been received. and/or certificate of public convenience and ne­ At a hearing held on November 18, Amend to amendment to cessity authorizing the sale and delivery 1966, the Commission on its own motion delete acreage add acreage of natural gas in interstate commerce, received and made a part of the record G-8663 ______Cl66-1029 for permission and approval to abandon in these proceedings all evidence, includ­ G -12614______CI67-289 service, or a petition to amend an exist­ CI63—875 ______CI67-246 ing the applications, amendments and CI64-1375 ______CI67-363 ing certificate authorization, all as more exhibits thereto, submitted in support of fully described in the respective appli­ the respective authorizations sought (7) The sales of natural gas proposed cations and petitions (and any supple­ herein, and upon consideration of the to be abandoned by the respective Appli­ ments or amendments thereto) which record. cants, as hereinbefore described, all as are on file with the Commission. The Commission finds: more fully described in the tabulation The Applicants herein have filed re­ (1) Each Applicant herein is a “nat­ herein and in the respective applications, lated FPC gas rate schedules and propose ural-gas company” within the meaning are subject to the requirements of sub­ to initiate or abandon, add or delete nat­ of the Natural Gas Act as heretofore section (b) of section 7 of the Natural ural gas service in interstate commerce found by the Commission or will be en­ Gas Act, and such abandonments should as indicated by the tabulation herein. gaged in the sale of natural gas in inter­ be permitted and approved as herein­ AH sales certificated herein are at rates state commerce for resale for ultimate after ordered. either equal to or below the ceiling prices public consumption, subject to the juris­ (8) It is necessary and appropriate in established by the Commission’s state­ diction of the Commission, and will carrying out the provisions of the Nat­ ment of general policy No. 61-1, as therefore, be a “natural-gas company” ural Gas Act that the certificates of pub­ amended, or involve sales for which per­ within the meaning of said Act upon the lic convenience and necessity heretofore manent certificates have been previously commencement of the service under the issued to the respective Applicants relat­ issued; except that the sale from the respective authorization granted herein­ ing to the abandonments hereinafter Permian Basin area of Texas is author- after. permitted and approved should be ter­ to be made at or below the appli­ (2) The sales of natural gas herein­ minated. cable area base rate and under the con­ before described, as more fully described (9) It is necessary and appropriate in ditions prescribed in Opinion Nos. 468 in the respective applications, amend­ carrying out the provisions of the Nat­ and 468-A. ments and/or supplements herein, will ural Gas Act that the rate suspension Wm. H. Chamberlain doing business be made in interstate commerce, subject proceeding in Docket No. RI66-87 should s Saturn Oil & Gas Co. (Operator), et to the jurisdiction of the Commission, be terminated only with respect to Ten- Applicant in Docket No. G-5999, pro- and such sales by the respective Appli­ neco Oil Co. (Operator), et al., FPC Gas Poses to continue the sale of natural gas cants, together with the construction Rate Schedule No. 125. eretof°re authorized in said docket and and operation of any facilities subject (10) It is necessary and appropriate aae pursuant to, inter alia, Saturn Oil to the jurisdiction of the Commission in carrying out the provisions of the pQ al Co-’ Inc- (Operator), et al., FPC necessary therefor, are subject to the Natural Gas Act that Wm. H. Chamber- .^ to Schedule No. 3. Said rate’ requirements of subsections (c) and (e) lain doing business as Saturn Oil & Gas AnrfU eiW’" redesignated as that of of section 7 of the Natural Gas Act. Co. (Operator), et al., should be sub­ imr?!!Can.k Tile Presently effective rate (3) The sales of natural gas by the stituted as respondent in the proceeding ip„.eF said rate schedule is in effect sub- respective Applicants, together with the pending in Docket No. RI65-559, that Amvp0 r®fund in Docket No. RI65-559. said proceeding should be redesignated requested to be sub- 1 Consolidated with the initial proceeding accordingly, and that / Chamberlain ed in lieu of the predecessor Saturn in Docket No. AR61-1, et al. should be required to file a surety bond.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15164 NOTICES

(11) It Is necessary and appropriateservice to the particular customers in­ New certificate in carrying out the provisions of the Nat­ volved imply approval of all of the terms and/or ural Gas Act that Hanley Co. should be of the respective contracts particularly Amend t o am endment to co-respondent in the proceeding pending as to the cessation of service upon ter­ delete acreage add acreage G-8663______CI66—1029 in Docket No. G-20407, that the proceed­ mination of said contracts, as provided G—12614______C167-289 ing should be redesignated accordingly, by section 7(b) of the Natural Gas Act. CI63—875______0167-246 and that the agreement and undertaking Nor shall the grant of the certificates CI64—1375______CI67-363 submitted by Hanley Co. in said pro­ aforesaid be construed to preclude the ceeding should be accepted for filing. imposition of any sanctions pursuant to (L) The certificates heretofore issued (12 ) It is necessary and appropriate in the provisions of the Natural Gas Act in Docket Nos. G-5999, G-12724, CI60- carrying out the provisions of the Nat­ for the unauthorized commencement of 444, CI61-1187, and CI62-28 are amended ural Gas Act that the name of the re­ any sales of natural gas subject to said by changing the certificate holders to the spondent in the proceeding pending in certificates. respective successors in interest as indi­ Docket No. RI66-6 should be changed (D) The grant of the certificates cated in the tabulation herein. from Poree Drilling Co. to Poree Co., and issued herein on all applications filed (M) The certificates heretofore issued that the proceeding should be redesig­ after April 15, 1965, is upon the condi­ in Docket Nos. G-16004 and CI61-1726 nated accordingly. tion that no increase in rate which would are amended to reflect the change in (13) It is necessary and appropriate exceed the ceiling prescribed for the name from Foree Drilling Co. to Foree in carrying out the provisions of the given area by paragraph (d) of the Com­ Co. Natural Gas Act that the name of the mission’s statement of general policy No. (N) The certificates heretofore issued respondent in the proceedings pending 61-1, as amended, shall be filed prior to in Docket Nos. G-16199 and G-17199 in Docket Nos. RI62-3882 and RI64-7 the applicable dates, as indicated by are amended to reflect the change in should be changed from Banquete Gas footnotes 8 and 13 in the attached tabu­ name from Banquete Gas Co., a division Co., a division of Crestmont Consolidated of Crestmont Consolidated Corp. to lation. Banquete Gas Co., a division Crestmont Corp., to Banquete Gas Co., a division (E) Certificates are issued herein in of Crestmont Oil & Gas Co.; and that Oil & Gas Co. Docket Nos. CI67-357 and CI67-359, sub­ (O) Permission for and approval of the proceedings should be redesignated ject to the conditions set forth in para­ accordingly. graphs (C), (D), and (E) of the order the abandonment of service by the re­ (14) It is necessary and appropriate accompanying Opinion No. 353 (27 FPC spective Applicant^ as hereinbefore de­ in carrying out the provisions of the 449), except that said certificates shall scribed, all as more fully described in Natural Gas Act that the respective not be subject to the Commission’s ulti­ the tabulation herein and in the respec­ related rate schedules and supplements tive applications, are granted. mate determination in Docket No. R-200. (P) The abandonment herein per­ as designated or redesignated in the (F) Certificates are issued herein to tabulation herein should be accepted for mitted and approved in Docket Nos. Ashland Oil & Refining Co. and Fred P. CI67-340 and CI67-378 does not relieve filing as hereinafter ordered. Fulton, et ux., in Docket Nos. CI67-228 The Commission orders: Applicants of any obligations to make and CI67-356, respectively, authorizing such refunds as may be ordered in Opin­ (A) Certificates of public convenience Applicants to continue the sales of natu­ and necessity are issued upon thé terms ion No. 476 and Docket No. RI60-245, re­ ral gas previously covered by the Opera­ spectively. and conditions of this order, authorizing tors, Colorado Oil and Gas Corp. and the sales by the respective Applicants (Q) Permission and approval of the Cities Service Oil Co., in Docket Nos. abandonment of service by Applicant in herein of natural gas in interstate com­ G-8789 and G-4579, respectively. merce for resale, together with the con­ Docket No. CI67-333 is granted and the struction and operation of any facilities (G) The certificates heretofore issued related certificate in Docket No. G-13633 subject to the jurisdiction of the Com­ in Docket Nos. G-4579 and G-8789 are is terminated only insofar as it relates to mission necessary for such sales, all as amended by deleting therefrom authori­ sales covered by Supplement No. 24 to hereinbefore described and as more fully zation to sell gas from the interests of FPC Gas Rate Schedule No. 197. Fred P. Fulton, et ux. and Ashland Oil & (R) The certificates heretofore issued described in the respective applications, Refining Co., respectively. amendments, supplements, and exhibits in Docket Nos. G-10543, G-11753, G- in this proceeding. (H) The certificates heretofore issued 15532, CI62-1426, CI63-790, and CI65- in Docket Nos. G-12455, G-16218, G- 171 are terminated. (B) The certificates granted in para­ 16465, CI60-122, CI61-487, CI66-85, and (S) The rate suspension proceeding graph (A) above are not transferable CI66-1029 are amended by adding there­ pending in Docket No. RI66-87 is termi­ and shall be effective only so long as to or deleting therefrom authorization nated only with respect to Tenneco Oil Applicants continue the acts or opera­ to sell natural gas to the same purchasers Co. (Operator), et al., FPC Gas Rate tions hereby authorized in accordance and in the same areas as covered by the Schedule No. 125, and Applicant is re­ with the provisions of the Natural Gas original authorizations, pursuant to the lieved from any refund obligation for Act and the applicable rules, regula­ rate schedule supplements as indicated tions, and orders of the Commission. sales made pursuant to the increased in the tabulation herein. rate under said rate schedule. (C) The grant of the certificates . (I) The certificate heretofore issued (T) The name of the respondent in the issued in paragraph (A) above shall not in Docket No. CI64-423 is amended to proceeding pending in Docket No. RI66-6 be construed as a waiver of the require­ include the sale of natural gas from the is changed from Foree Drilling Co. to ments of section 4 of the Natural Gas additional acreage; and Applicant shall Foree Co., and the proceeding is redesig­ Act or of Part 154 or Part 157 of the Com­ submit a billing statement to its rate nated accordingly.3 . mission’s regulations thereunder, and is (U) The name of the respondent in without prejudice to any findings or or­ schedule supplement. (J) The certificate heretofore issued the proceedings pending in Docket Nos. ders which have been or may hereafter RI62-388 and RI64-7 is changed from be made by the Commission in any pro­ in Docket No. CI64-1422 is amended to Banquete Gas Co., a division of Crest­ ceeding now pending or hereafter insti­ include the sale of natural gas from the mont Consolidated Corp. to Banquete tuted by or against the respective Appli­ additional acreage conditioned to a total Gas Co., a division of Crestmont Oil « cants. Further, our action in this pro­ initial price of 11.0 cents per Mcf at Gas Co., and the proceedings are redes­ ceeding shall not foreclose nor prejudice 14.65 p.s.i.a. ignated accordingly/ . any future proceedings or objections re­ (K) The certificates heretofore issued (V) Wm. H. Chamberlain doing busi­ lating to the operation of any price or in the following dockets are amended to ness as Saturn Oil & Gas Co. (Operator;, related provisions in the gas purchase et al., is substituted in lieu of Saturn o reflect the deletion of acreage where contracts herein involved. Nor shall the & Gas Co., Inc. (Operator), et al., as re- grant of the certificates aforesaid for new certificates are issued herein or ex­ isting certificates are amended herein 3 Foree Co. , , 2 Consolidated with Docket No. AR64-2, to authorize service from the subject 4 Banquete Gas Co., a division of ^ et al. acreage: mont Oil & Gas Co.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 NOTICES 15165 spondent in the proceeding pending in in the tabulation herein are accepted the dates as indicated in the tabulation Docket No. RI65-559, and the proceeding for filing; further, the rate schedules re­ herein. is redesignated accordingly.6 lating to the successions herein are ac­ By the Commission. (W) Within 30 days from the date of cepted and redesignated, subject to the this order Wm. H. Chamberlain, doing applicable Commission regulations un­ [seal] G ordon M. G rant, business as Saturn Oil & Gas Co. (Oper­ der the Natural Gas Act to be effective on Acting Secretary. ator), et al., shall execute, in the form set out below, and shall file with the Sec­ FPC rate schedule to be accepted retary of the Commission an acceptable Docket No. Purchaser, field, and and date filed Applicant location surety bond in Docket No. RI65-559 in Description and date No. Supp. the amount of $114,000 to assure the of document refund, together with interest at the rate of 7 percent per annum, of all G-5999____ Wm. H. Chamberlain Northern Natural Gas Saturn Oil & Gas Co., E 9-26-66 d.b.a. Saturn Oil & Co'., acreage in Stevens Inc. (Operator), et amounts collected in excess of the Gas Co. (Operator), , County, Kans. al., FPC GRS No. 2. amount determined to be just and rea­ et al. (successor to Supplement Nos. 1-4__ 1-4 sonable in said proceeding. Concur­ Saturn Oil & Gas Co., Notice of succession Inc. (Operator), et 9-1-66. rently with said bond there shall be filed al.). Assignment 9-1-66-____ 5 a certificate to the effect that no obliga­ Effective date: 9-1-66__ G-5999______do...... Panhandle Eastern Pipe SaturcTOil & Gas Co., tion has been assumed in connection with E 9-26-66 Line Co., acreage in Inc. (Operator), et said bond except payment of the bond Grant, Morton, and al., FPC GRS No. 3. Stevens Counties, Supplement No. 1_____ premium. Unless notified to the con­ Kans. Notice of succession trary by the Secretary of the Commission 9-1-66. Assignment 9-1-66-____ 2 withn 30 days from the date of submis­ Effective date: 9-1-66__ sion said bond shall be deemed to have G-12455___ Texaco Inc. Panhandle Eastern Pipe Amendatory agreement 164 been accepted for filing. D 8-8-66 Line Co., Meade 5-27-66.12 County, Kans. and (X) Wm. H. Chamberlain doing busi­ Beaver County, Okla. ness as Saturn Oil & Gas Co. (Operator), G-12724___ Bradley H. Keyes El Paso Natural Gas Co., Claude E. Aikman, et E 4-27-66 (successor to Claude Fulcher, Kutz-Pictured al., FPC GRS No. 6. et al., shall comply with the refunding E. Aikman, et al.). Clifts Field, San Juan Supplement Nos. 1-2__ 1-2 and reporting procedure required by the County, N. Mex. Notice of succession 4-8-66. Natural Gas Act and § 154.102 of the Assignment 8-31-64 »__ 3 regulations thereunder, and the surety Effective date: 9-1-64-., bond filed by him in Docket No. RI65- G-16004-. Foree Co. (Operator), Northern Natural Gas Foree Drilling Co. 5-6-66* et al. (formerly Foree Co., acreage in Beaver (Operator), et al., 559 shall remain in full force and effect Drilling Co. (Opera­ County, Okla. FPC GRS No. 1. until discharged by the Commission. tor), et al.). G-16199- - Banquete Gas Co., a United Gas Pipe Line Banquete Gas Co., a (Y) Hanley Co. shall be co-respond­ 9-30-66 < division of Crestmont Co., Plymouth and division of Crestmont ent in the proceeding pending in Docket Oil & Gas Co. (for­ East Taft Fields, San Consolidated Corp., No. G-20407,6 the proceeding is redesig­ merly Banquete Gas Patricio County, Tex. FPC GRS No. 1. Co., a division of Supplement Nos. 1-3__ 1-3 nated accordingly, and the agreement Crestmont Consoli­ Notice of succession and undertaking submitted by Hanley dated Corp.). 9-26-66. G-16218___ Gulf Oil Corp. Transwestem Pipeline Letter agreement 196 43 Co. in said proceeding is accepted for D 10-3-66 (Operator), et al. Co., Southeast Gage 6-7-66.» « filing. Field, Ellis County, Okla. (Z) Hanley Co. shall comply with the G-16465- :... Pan American Petro­ Texas Gas Transmission Release of acreage 243 refunding and reporting procedure re­ D 7-15-66 leum Corp. Corp., acreage in 4-28-66.» 7 Ouachita Parish, La. quired by the Natural Gas Act and § 154.- G-17199__ Banquete Gas Co., a United Gas Pipe Line Banquete Gas Co., a 2 102 of the regulations thereunder, and 9-30-66 5 division of Crestmont Co., Spartan and Odem division of Crestmont the agreement and undertaking filed by Oil & Gas Co. (for­ Fields, San Patricio Consolidated Corp., merly Banquete Gas County, Tex. FPC GRS No. 2. it in Docket No. G-20407 shall remain in Co., a division of Supplement Nos. 1-5— 1-5 full force and effect until discharged by Crestmont Consoli­ Notice of succession dated Corp.). 9-26-66. the Commission. CI60-122___ Texas San Juan Oil Tennessee Gas Pipeline Amendment 6-24-66 4 (AA) Applicant in Docket No. CI67- C 9-6-66* Corp. Co., a division of Tenneco Inc., Miller 289 shall submit a supplement to its FPC and Fox Field, Jim Gas Rate Schedule No. 38 to reflect any Wells County, Tex. reduction necessary to bring the rate into CI60-444__ Tri Gas Cm,(successor Trunkline Gas Co., James H. Heliand E 9-23-66 to James H . Heiland Bryne Field,1 Bee (Operator), et al., conformity with the applicable base area (Operator), et al.). County, Tex. FPC GRS No. 1. rate prescribed in Opinion No. 468, as Supplement No. 1___ . Notice of succession modified by Opinion No. 468-A, within 9-22-66. 45 days from the date of this order. In Assignment 6-27-66w_. 1 Effective date: 6-27-66. view of the stay of the effectiveness of CI61-487...... Ferrell L. Prior, d.b.a. Equitable Gas Co., West Letter agreement "Ï46 certain of the requirements of Opinion C 8-22-66» Prior Oil & Gas Co.11 Union District, Dod­ 5-19-66. Nos. 468 and 468-A, the filing, if accept­ dridge County, W. Va. Letter Agreement 146 8- 10- 66 .1» able, will be accepted for informational CI61-1187... Wm. H. Chamberlain, Panhandle Eastern Pipe Saturn Oil & Gas Co., 3 Purposes only. E 9-26-66 d.b.a. Saturn Oil & Line Co., acreage in Inc. (Operator), et Gas Co. (Operator), Seward County, Kans. al., FPC GRS No. I. (BB) Within 45 days from the date of et al. (successor to Supplement No. 1____ 3 this order Applicant in Docket No. CI67- Saturn Oil & Gas Co. Notice of succession Inc. (Operator), 9-1-66. 289 shall file a rate schedule quality state­ et al.). Assignment 9-1-66____ 3 ment in the form prescribed in Opinion Effective date: 9-1-66... No. 468-A. Filing code: A—Initial service. (CC) The respective related rate B—Abandonment. C—Amendment to add acreage. schedules and supplements as indicated D—Amendment to delete acreage; E—Succession. F—Partial succession. Wm. H. Chamberlain doing business as See footnotes at end of table. «vr11 ^ * ®as ®°- (Operator), et al. Mobil Oil Corp. and Hanley Co.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15166

FPC rate Schedule to be accepted FPC rate schedule to be accepted Docket No. Purchaser, field, and

Purchaser, field, and NOTICES Docket No. and date filed Applicant location and date filed Applicant location Description and date NÓ. Supp. Description and date No. Supp. of document of document

Natural Gas Pipeline Co. Contract 6-7-66 '3._ Foree Drilling Co., 3 C167-344...... - Cabot Corp. (SW)...... CI61-1726__.... Foree Co. (formerly Transwestern Pipeline A 9-23-66 « of America, acreage in 6-6-66 » Foree Drilling Co.). Co., N. W. Doby FPC GRSNo. 3. Supplement Nos. 1-4— 3 1-4 Texas County, Okla. Springs Field, Harper CI67-348—.... Sanford E. McCormick. United Gas Pipe Line Contract 9-9-661J__ County, Okla. A 9-26-66» Co., Riverside (Caddell CI62-28...... Wm. H. Chamberlain, Panhandle Eastern Pipe Saturn Oil & Gas Co., 4 “A”) Field, Walker E 9-26-66 d.b.a. Saturn Oil & Line Go., acreage in Inc. (Operator), et County, Tex. Gas Co. (Operator), G ran t, Morton, and al., FPC GRS No. 5. Contract 7-8-6612.. Notice of succession C167-349...... Bruce Anderson------... Panhandle Eastern Pipe et al. (successor to Stevens Counties, A 9-26-66 i» Lifie Co., South Peek Saturn Oil & Gas Co., Kans. 9-1-66. 4 1 Area, Ellis County, Inc. (Operator), Assignment 9-1-66...... O kla. et al.). Contract 7-5-6612.. Letter agreement 154 9 C167-350...... Beard Oil Co...... d o __ .... ------...... CI64-423...— Ashland Oil & Refining Transwestem Pipeline , A 9-26-66 » C 9-16-66 » Co. Co., acreage in Beaver 8-10-66.12 Colorado Interstate Gas Contract 2-18-66 County, Okla. CI67-356...... Fred P. Fulton, et ux... Amendatory agreement 1« 163 2 A 3-18-66 » 83 Co., Garden City “N” CI64-1422__ .do. Oklahoma Natural Gas (G-4579) Unit, Hugoton Field, C 8-8-66 i* Gathering Corp., Ring- 7-1-66.12 u Kearny County, Kans. wood Area, Major CIÔ7-357...... J. C. Barnes Oil Co. Michigan Wisconsin Pipe Contract 7-11-66 »» County, Okla. A 9-26-66 » (Operator), et al. Line Co., West CI66-85...... Abel & Bancroft. United Gas Pipe Line Amendment 8-8-66...... 14 1 Campbell Field, Major C 9-26-66» Co., South Albrecht County, Okla. Field, Goliad County, C167-359...... Texaco, Inc.. Michigan Wisconsin Pipe Contract 7-8-66...... 381 Tex. A 9-28-66 » Line Co., Putnam Amendment 8-12-66 >* 381 F CI66-1029___ Champlin Petroleum Tennessee Gas Pipeline Assignment 7-15-661*__ 97 13 Field, Dewey County, 3» 381 (G-8663) Co. (successor to Co., a division of Ratified 8-19-66 u it...... 97 14 Okla. C 8-26-66 Sunray DX Oil Co.). Tenneco Inc., Beaur- CI67-361__ Mésa Petroleurû Có. Natural Gas Pipeline Co. Contract 7-1-66 n. 13 line Field, Hidalgo A 9-28-66 * (Operator), et al. Of America, Upper County, Tex. Marrow Field, CI67-8...... Tenneco Oil Co. Lone Star Gas Co., Doyle Notice of cancellation 19125 3 Hansford County, (CI62-1426) (Operator), et al. Field, Stephens (undated).81» Tex. County, Okla. Contract 6-30-66. B 7-5-66 2 CI67-362,.,. Kimbark Exploration, Kansas-Nebraska Natural CI67-200...... N. H. Wheless, et a l... Panhandle Eastern Pipe A 9-28-66 < Ltd. (Operator), et al. Gas Co., Inc., Cayuse A 8-22-66 » Line Go., Panoma Assignment 7-8-66 '2 21... 2 1 Field, Logan County, Council GroVe Field, ColO. Stevens County, Kans. A CI67-363-.» Sinclair Oil & Gas Co. Lone Star Gas Co., Contract 4-30-643«...... 362 CI67-228.-.—. Ashland Oil & Refining Colorado Interstate Gas Ratified 1-25-65 24 178 Delaware Bend Field, Amendment 6-4-64___ 362 Contract 4-18-55______178 1 (CI64-1375) (successor to Magna A 8-22-66 »» Co. Co., Greenwood Fields F 9-29-66 Oil Corp.). Cooke County, Tex. Assignment 6-28-66 *7_. 362 9-12-66 »» Morton County, Kans. Supplemental agree- 178 2 Effective date: 6-28-66 ment 12-10-58.2 (G-8789) CI67-369...... R. H. Bums (Operator), Cities Service GaS Co., Notice of Cancellation 1 A CI67-246... Brims Production Co., Lone Star Gathering Co., Contract 12-10-62 2« 2 9-27-66. » i» Assignment 8-4-66 2«_. .. 2 1 (CI65-171) et al. Canyon Creek Pool, (CI63-875) Inc. (Operator), et al. Speary Field Area, B 9-30-66 Osage County, Okla. F 8-29-66 • (successor to Mobil Karnes County, Tex. CI67-371...... Continental Oil Co___ Natural Gas Pipeline Co., Contract 4-25-6612----- 320 Oil Corp.). A 9-30-66 « of America, Northeast A CI67-289... Hanley Co. (successor El Paso Natural Gas Co., Contract 4-12-57 38 Fort Supply Area, (G-12614) to Mobil Oil Corp.). Spraberry Trend Area, Supplement agreement < 38 1 Harper County, Okla. F 8-30-66 Upton County, Tex. 10-26-59. Contract 8-5-66 u »«. 371 Assignment 3-11-66 28... 38 2 CI67-374...... Gulf Oil Corp. Panhandle Eastern Pipe A 10-3-66 i» Line Co., Southeast Assignment 3-24-662*__ 38 3 Gage and Tangiers Fields, Ellis and ÔI67-316__ - Humble Oil & Refining Natural Gas Pipeline Co. Contract 8-15-66 »o____ 406 0 Woodward Counties, A 9-14-66 » Co. of America, Nine Mile Okla. Point Field, Aransas Texas Eastern Trans­ Notice of cancellation County, Tex. GI67-376__ Kllroy CO. of Texas, (G-1Q543) Inc. (Operator), et al. mission Corp., Aldine 9-30-66 » i» C167-325____ Kerr-McGee Corp. Panhandle Eastern Pipe 91 Field, Harris County, A 9-19-66 » Line Co., Keyes Field, Contract 4-12-66 *2. ____ 91 1 B 10-3-66 Cimarron County, Tex. CI67-377__ Kilroy Properties, Inc... Texas Eastern Trans­ Notice of cancellation Okla. 9-30-66 2 3» Arkansas Louisiana Gas 319 (G-11763) mission Corp., Dolly CI67-332...... Continental Oil Co. B 10-3-66 Field, Newton County, A 9-21-66 « (Operator), pt al. Co., Kinta Field Tex. (Moffett Area), Notice of cancellation Sequoyah County, CI67-378__ Southwestern Explora­ Lone Star Gas Co., » 4 (G-15532) tion Consultants, Asphaltum Field, 9-29-66 2 « Okla. Inc. (Operator), et al. Jefferson County, Okla. CI67-333...... Union Producing Co— United Gas Pipe Line Notice of cancellation 197 24 B 10-3-66 (G-13633) si Co., Rodessa Field, 9-13-66.» is B 9-19-66 Caddo Parish, La., and Cass County, Tex. Deletes 2,480 acres on leases that have expired and have been dropped. CI67-340...... Southern Minerals Lone Star Gathering Co., Notice of cancellation zi 2 1 1 Effective date: Date of this order. (CI63-790) Corp. (Operator), Smith Creek Field, 9-21-66.« » 2 From Claude E. Aikman, et al., to Bradley H. Keyes. «. ... B 9-23-66 ■ et at. DeWitt County, Tex. »Amendment to the certificate to reflect change in name from Foree Drilling Co. to Foree GO. CI67-341____ Ashland Oil & Refining Panhandle Eastern Pipé Contract 8-29-66 12____ 179 4 Amendment to the certificate to reflect change in name from Banquete Gas Co., a division Of crestmont con­ A 9-23-6613 Co7\ Line Co., Northwest solidated Corp. to Banquete Gas Co., a division of Crestmont Oil & Gas Co. i \£.*i u - . . .. Tangier Area, Ellis 6 Releases approximately 2,450 acres. Transwestem states that it would be uneconomical for it to connect the i County, Okla. 7.083 cents per Mcf of reserves from these properties because the 27 miles of lines involved would cost an estimated $726,000 or 10.25 cents per Mcf; therefore it agreed to the release. See footnotes at end of table.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 NOTICES 15167

7 Recoverable reserves are 19,000 Mcf and buyer states it is uneconomical to connect to well, In witness whereof, the parties hereto have g Jan. 1,1968, moratorium pursuant to the Commission’s statement of general policy No. 61-1, as amended. placed their hands and seals on t h is ------«Provides for resale of gas produce From I. W. Lovelady and R. W. Blake to Hanley Co. 26386, filed in Docket No. CP67-144 an 3» Provides for a depth limitation of 12,000 feet. ,, ...... ^ application pursuant to section 7(c) of 31 ofhpr sales covered under Docket No. G-13633, therefore, said docket willl be terminated only insofar as it relates to acreage covered by Supplement No. 24 to FPC GRS No. 197. the Natural Gas Act for a certificate of 32 Bv order issued Sept. 22,1966, in Docket Nos. G-16760, et al. (Opinion No. 476) the Commission found 16.0 cents public convenience and necessity au­ to be the proper rate for this sale. The effectiveness of this order has been stayed pending judicial review. 33 Applicant is filing to cover its own interest previously covered under Cities Service Oil Co., Operator, FPC thorizing the acquisition and operation GRS No. 125 and Docket No. G-4579, as a nonsignatory coowner. of natural gas facilities, and pursuant to »«Dedication limited to the base of the Hunton Lime Formation. Applicant states its willingness to accept a section 7(f) of said Act for a service area permanent certificate conditioned similar to the certificates issued- in Opinion No. 353. 3» Contractual rate is 19.5 cents; however, Applicant agreed to accept a, permanent certificate conditioned to a authorization, all as more fully set forth 15.0-cent price the same as Opinion No. 353. in the application which is on file with 34 Also on file as Magna Oil Corp. FPC GRS No. 9. . ,, si Transfers certain interests from Magna Oil Corp. to Sinclair Oil & Gas Co. the Commission and open to public in­ 3» Acreage is committed to all depths shallower than the base of the Mississippian System. / spection. 39 well covered by this contract and certificate ceased to produce gas and has been reclassified as an oil well by the Specifically, under section 7(c) Appli­ Railroad Commission of Texas. , . . , , . « 16.8-cent rate collected subject to refund m Docket No. RI60-245. cant proposes to acquire from The Manufacturers Light and Heat Co. and Suggested Surety Bond Form visions of section 4(e) of the Natural Gas Act, having on (Date Motion Filed), filed a operate approximately 2.8 miles of 4- SURETY BOND motion to make the change in rate effective as inch transmission pipeline situated in Know all men by these presents, of (Requested Effective Date); and Wayne Township, Greene County, Pa., That we (Name and address of the natural Whereas, the Commission, in response to and Clay District, Monongalia County, gas company) (hereinafter called “Princi­ said motion, on (Date of Notice), issued its W. Va., and to operate approximately 4.6 pal”), as Principal, and (Name and address notice making the rate, charge, and classifi­ miles of various 1/2-inch to 7-inch pipe­ and place of incorporation of Surety Bond cation set forth in the aforesaid Supplement line in the aforementioned counties. Company) (hereinafter called “Surety”) , as N o ._____ to Respondent’s FPC Gas Rate Such facilities are proposed to be utilized Surety, are held and firmly bound unto the Schedule No.______effective as of (Effective Federal Power Commission (Agency of the Date), subject to Respondent’s furnishing a ih the distribution of natural gas to retail United States of America) (hereinafter called bond in the sum of $______satisfactory to customers. the “Obligee”) in the stun of (Amount of the Commission, and requiring that Respond­ Under section 7(f) Applicant requests proposed annual increased rates in dollars) ent refund any portion of the increased rate a service area authorization for service for the payment of which well and truly to and charge found by the Commission in to be rendered in the above-mentioned be made, we, the said Principal and the said Docket N o ._____ not justified; interstate area. Surety, bind ourselves, our heirs, executors, Now, therefore, if (Name of Respondent), The estimated cost of Applicant’s ac­ administrators, successors, and assigns, its corporate surety (and their heirs, execu­ jointly and severally, firmly by these presents. tors, administrators*), successors and as­ quisition is $2,275 which cost will be The condition of this obligation is such signs, in conformity with the terms and con­ borne by Applicant’s retail customers. that: ditions of the notice issued (Date of Notice), Protests or petitions to intervene may Whereas (Name of Respondent), on (Date by the Federal Power Commission, Docket be filed with»the Federal Power Commis­ of Original Filing), filed with the Federal No. __----- (Name of Respondent), shall: sion, Washington, D.C. 20426, in accord­ Power Commission (herein called the Com­ (1) Well and truly repay at such times and ance with the rules of practice and proce­ mission) Supplement N o._____ to Respond­ in such amounts, to the persons entitled dure (18 CFR 1.8 or 1.10) and the regula­ ent’s FPC Gas Rate Schedule No. ------thereto, and in such manner as may be re­ tions under the Natural Gas Act proposing to increase a rate and charge over quired by the final order of the Commission which the Commission has exercised juris­ in said proceeding, subject to court review (§ 157.10) on or before December 22, diction; and thereof, any portion of such rate and charge 1966. Whereas, by order issued (Suspension Order collected by (Name of Respondent) after Take further notice that, pursuant Issuance Date), the Commission suspended (Effective Date) as such final order may find to the authority contained in and sub­ the operation of the proposed supplement not justified, together with interest thereon ject to the jurisdiction conferred upon and ordered a hearing to be held concerning at the rate of seven (7) percent per annum the Federal Power Commission by sec­ the lawfulness of the proposed rate, charge, tions 7 and 15 of the Natural Gas Act from the date of payment thereof to (Name and the Commission’s rules of practice aQd classification, subject 'to the Commis­ of Respondent) until refunded; and sion’s jurisdiction, as therein set forth; and and procedure, a hearing will be held (2) Comply otherwise with the terms and without further notice before the Com­ by said order the use of such supplement was conditions of the notice issued (Date) in mission on this application if no protest deferred until (Suspended Until Date), and Docket N o .______and with the provisions or petition to intervene is filed within until such further time as it is made effective of the Natural Gas Act relating thereto, the time required herein, if the Com­ in the manner prescribed by the Natural Gas Act; and then this obligation shall be terminated, mission on its own review of the matter otherwise to remain in full force and effect. finds that a grant of the certificate is Whereas, a hearing has n ot been h eld and required by the public convenience and bis proceeding has not been concluded; and 1 To be included if a noncorporate re­ necessity. If a protest or petition for (Name of Respondent), pursuant to the pro­ spondent. leave to intervene is timely filed, or if

FEDERAL REGISTER, VOL. 31, NO. 233—FRIDAY, DECEMBER 2, 1966 15168 NOTICES the Commission on its own motion be­ securities exchange be summarily sus­ not defluorinated superphosphate, nor lieves that a formal hearing is required, pended, this order to be effective for the feed grade superphosphate, in carloads, further notice of such hearing will be period November 29, 1966, through De­ and in multiple carload shipments, from duly given. cember 8,1966, both dates inclusive. Prairie Junction, Fla., to points in south­ western and western trunkline territories. Under the procedure herein provided By the Commission. for, unless otherwise advised, it will be Grounds for relief—Rate relationship. unnecessary for Applicant to appear or [seal] O rval L. DuBois, Tariff—Supplement 6 to Southern be represented at the hearing. Secretary. Freight Association, agent, tariff ICC S—642. J oseph H. Gutride, [F.R. Doc. 66-12985; Filed, Dec. 1, 1966; 8:47 a.m.] FSA No. 40805—Clay from points in Secretary. Alabama. Filed by O. W. South, Jr., IF.R. Doc. 66-12954; Filed, Dec. 1, 1966; agent (No. A4965), for interested car­ 8:45 a.m.] UNITED SECURITY LIFE INSURANCE riers. Rates on clay, kaolin, or pyro- CO. phyllite, in carloads, from Letohatchie, [Docket No. CP65-118, etc.] Fort Deposit, and Montgomery, Ala., to Order Suspending Trading Cincinnati, Cincinnati (S), and Newark, LONE STAR GAS CO. ET AL. November 28,1966. Ohio, and Kenova, W. Va. Grounds for relief—Market competi­ Notice of Extension of Time It appearing to the Securities and Ex­ change Commission that the summary tion. November 23,1966. Tariff—Supplement 245 to Southern suspension of trading in the common Freight Association, agent, tariff ICC Lone Star Gas Co., Lone Star Gather­ stock, $1 par value, of United Security ing Co., and United Gas Pipe Line Co., S-40. Life Insurance Co., Birmingham, Ala., FSA No. 40806—Corn and sorghum Docket No. CP65-118; Lone Star Gather­ otherwise than on a national securities ing Co., Docket No. CP62-179; United grains to points in Arkansas, also Mem­ exchange is required in the public interest phis, Tenn. Filed by Southwestern Gas Pipe Line Co., Docket No. CP62-193. and for the protection of investors; Upon consideration of the motion filed Freight Bureau, agent (No. B-8929), for It is ordered, Pursuant to section 15(c) interested carriers. Rates on corn (not November 17, 1966, by the applicants in (5) of the Securities Exchange Act of the above-entitled proceeding requesting popcorn), corn products, grain sorghums, 1934, that trading in such securities and grain sorghum products, in carloads, an extension of time for 60 days within otherwise than on a national securities which to prepare and file new pleadings from Chicago Great Western Railway exchange be summarily suspended, stations in Iowa, Kansas, and Missouri, involving the termination of the arrange­ this order to be effective for the period ments proposed in their applications, no­ to points in Arkansas, also Memphis, November 29, 1966, through December 8, Tenn. tice is hereby given that the hearing now 1966, both dates inclusive. scheduled to be held December 6, 1966, Grounds for relief—Motor-truck com­ is continued until further notice and the By the Commission. petition. Tariff—Supplement 97 to Southwest­ requested extension of time of 60 days, or [seal] Orval L. DuBois, until January 20, 1967, within which to ern Freight Bureau, agent, tariff ICC Secretary. 4494. prepare and file further pleadings is [F.R. Doc. 66-12986; Filed, Dec. 1, 1966; granted. 8:47am .] Aggregate- of-I ntermediates J oseph H. Gtttride, Secretary. FSA No. 40803—Superphosphate Iron Prairie Junction, Fla., to New England [F.R. Doc. 66-12955; Filed, Dec. 1, 1966; points. Filed by O. W. South, Jr., agent 8:45 a.m.] INTERSTATE COMMERCE (No. A4967), for interested carriers. Rates on superphosphate, not defluori­ COMMISSION nated superphosphate nor feed grade FOURTH SECTION APPLICATIONS FOR superphosphate, in bulk, in carloads, SECURITIES AND EXCHANGE from Prairie Junction, Fla., to specified RELIEF points in Connecticut, Masachusetts, and COMMISSION November 29,1966. Rhode Island. [File No. 1-1686] Protests to the granting of an applica­ Grounds for relief—Maintenance of de­ tion must be prepared in accordance with pressed rates established to meet rail- LINCOLN PRINTING CO. Rule 1.40 of the general rules of practice water-truck competition without having to use such rates as factors in construct­ Order Suspending Trading (49 CFR 1.40) and filed within 15 days from the date of publication of this no­ ing combination rates. November 28,1966. tice in the F ederal R egister. Tariff—Supplement 14 to Southern The common stock, 50 cents par value, Freight Association, agent, tariff ICC and the $3.50 cumulative preferred stock, Long-and-S hort Haul S-632. no par value, of Lincoln Printing Co., FSA No. 40802—Superphosphate, fer­ By the Commission. being listed and registered on the Mid­ tilizer and fertilizer materials from [seal] H. Neil Garson, west Stock Exchange pursuant to the Prairie Junction, Fla. Filed by O. W. Secretary. provisions of the Securities Exchange South, Jr., agent (No. A4966) for inter­ Act of 1934 and the 8-percent convert­ ested carriers. Rates on superphosphate, [F.R. Doc. 66-12982; Filed, Dec. 1, l966: ible debenture bonds due March 13, not defluorinated superphosphate nor 8:46 a.m.] 1968, being traded otherwise than on a feed grade superphosphate, in bulk, in national securities exchange; and carloads, and fertilizer, dry, or fertilizer [Notice 294] It appearing to the Securities and Ex­ materials, dry, in carloads and in multi­ change Commission that the summary ple carload shipments, from Prairie MOTOR CARRIER TEMPORARY suspension of trading in such securities Junction, Fla., to points in official and AUTHORITY APPLICATIONS on such Exchange and otherwise than Illinois Freight Association territories. November 29, 1966. on a national securities exchange is re­ Grounds for relief—Rate relationship. quired in the public interest and for the Tariff—Supplement 14 to Southern The following are notices of Alius of protection of investors; Freight Association, agent, tariff ICC ipplications for temporary authority It is ordered, Pursuant to sections 15 S-632. ier section 210a(a) of the Interstate (c)(5) and 19(a) (4) of the Securities FSA No. 40804—Superphosphate from Commerce Act provided for under __ Exchange Act of 1934, that trading in Prairie Junction, Fla. Filed by O. W. lew rules in Ex Parte No. MC 67 (49 C such securities on the Midwest Stock Ex­ South, Jr., agent (No. A4968) for inter­ Part 240) published in the Federal keg change and otherwise than on a national ested carriers. Rates on superphosphate, ister, issue of April 27, 1965, effec

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 NOTICES 15169

July 1, 1965. These rules provide that porting: Meats, meat products, and meat merce Commission, 1060 Broad Street, protests to the granting of an application byproducts and articles distributed by Newark, N.J. 07102. must be filed with the field official named meat packinghouses (except commodi­ No. MC 97394 (Sub-No. 3 TA), filed in the F ederal R egister publication, ties in bulk, in tank vehicles) from the November 22, 1966. Applicant: MA­ within 15 calendar days after the date plantsite and storage facilities of Ameri­ JORS TRUCK LINE, INC., Post Office notice of the filing of the application is can Beef Packers, Inc., located in Potta­ Box 7, Caneyville, Ky. 42721. Appli­ published in the F ederal R egister. One wattamie County, Iowa, to points in Con­ cant’s representative: Louis J. Amato, copy of such protest must be served on necticut, Indiana, Kentucky, Maine, Suite 703-706, McClure Building, Frank­ the applicant, or its authorized repre­ Missouri, New Hampshire, New Jersey, fort, Ky. 40601. Authority sought to sentative, if any, and the protest must New York, Ohio, Rhode Island, and Ver­ operate as a common carrier, by motor certify that such service has been made. mont, for 180 days. Supporting shipper: vehicle, over regular routes, as follows: The protest must be specific as to the American Beef Packers, Inc., on U.S. General commodities (except those of service which such protestant can and Highway 59, Oakland, Iowa 51560. unusual value, classes A and B ex­ will offer, and must consist of a signed Send protests to: Ellis L. Annett, Dis­ plosives, household goods as defined by original and six copies. trict Supervisor, Bureau of Operations the Commission, commodities in bulk, A copy of the application is on file, and Compliance, Interstate Commerce and those requiring special equipment), and can be examined, at the Office of the Commission, 227 Federal Office Building, (1) between Rockport, Ky., and Mad- Secretary, Interstate Commerce Com­ Des Moines, Iowa 50309. isonville, Ky., serving all intermediate mission, Washington, D.C., and also in No. MC 32882 (Sub-No. 38 TA), filed points and off-route points within 3 the field office to which protests are to be November 23, 1966. Applicant: MITCH­ miles of the described route, from Rock- transmitted. ELL BROS. TRUCK LINES, 2300 North­ port, Ky., over U.S. Highway 62 to Cen­ west 30th Avenue, Portland, Oreg. 97210. tral City, Ky.; thence over Kentucky Motor Carriers of Property Applicant’s representative: Norman E. Highway 70 to Madisonville, Ky., and re­ No. MC 19227 (Sub-No. 113 TA), Sutherland, 1200 Jackson Tower, Port­ turn over the same route. (2) Between filed November 25, 1966. Applicant: land, Oreg. 97205. Authority sought to Central City, Ky., and Madisonville, Ky., LEONARD BROS. TRUCKING CO., operate as a common carrier, by motor serving all intermediate points and off- INC., 2595 Northwest 20th Street, Miami, vehicle, over regular routes, transport­ route points within 3 miles of the de­ Fla. 33152. Applicant’s representative: ing: Petroleum wax, from Richmond, scribed route, from Central City, Ky., J. Fred Dewhurst (same address as ap­ Calif., to points in Oregon, Washington, over U.S. Highway 62 to its junction with plicant) . Authority sought to operate as and Idaho, for 150 days. Supporting U.S. Highway 41A at Nortonville, Ky.; a common carrier, by motor vehicle, over shipper: Chevron Chemical Co., 200 Bush thence over U.S. Highway 41A to Madi­ irregular routes, transporting: Airplane Street, San Francisco, Calif. 94120. sonville, Ky., and return over the same parts mounted on jigs, and accompany­ Send protests to: S. F. Martin, District route. Also from junction of U.S. High­ ing parts and equipment and jigs, on re­ Supervisor, Bureau of Operations and way 41 at Nortonville, Ky., over U.S. turn, between plants of Grumman Air­ Compliance, Interstate Commerce Com­ Highway 41 to junction with Kentucky craft Corp., located in Nassau and Suffolk mission, 450 Multnomah Building, Port­ Highway 85; thence over Kentucky High­ Counties, N.Y., and plants of General land, Oreg. 97204. way 85 to Madisonville, and return over Dynamics Corp., located in Tarrant No. MC 61231 (Sub-No. 24 TA) filed the same route. (3) Between Drakes- County, Tex., for 180 days. Supporting November 23,1966. Applicant: ALKIRE boro, Ky., and Central City, Ky., serving shipper: L. H. Armstrong, Traffic Gen­ TRUCK LINES, INC., Livestock Ex­ all intermediate points and off-route eral Foreman, General Dynamics Corp., change Building, 16th and Genesee, Kan­ points within 3 miles of the described Fort Worth Division, Fort Worth, Tex. sas City, Mo. 64102. Applicant’s repre­ route, from Drakesboro, Ky„ over Ken­ Send protests to: Joseph B. Teichert, sentative: William A. Landau, 1307 East tucky Highway 70 to Central City, Ky., District Supervisor, Bureau of Operations Walnut Street, Post Office Box 1634, Des and return over the same route. and Compliance, Interstate Commerce Moines, Iowa 50306. Authority sought (4) Between Earles, Ky., and Green­ Commission, Room 1621, 51 Southwest to operate as a common carrier, by mo­ ville, Ky., serving all intermediate points First Avenue, Miami, Fla. 33130. tor vehicle, over irregular routes, trans­ and off-route points within 3 miles of No. MC 21170 (Sub-No. 247 TA), filed porting: Meats and packinghouse prod­ the described route, from Earles, Ky., November 25, 1966. Applicant: BOS ucts, from plantsite of American Beef over Kentucky Highway 601 to its junc­ LINES, INC., 408 South 12th Avenue, Packers, Inc., at or near Oakland, Iowa, tion with U.S. Highway 62 north of Marshalltown, Iowa 50158. Applicant’s to points in Illinois, and Indiana, for Greenville, Ky.; thence over U.S. High­ representative: William C. Harris (same 180 days. Supporting shipper: Ameri­ way 62 to Greenville and return over the address as applicant). Authority sought can Beef Packers, Inc., Oakland, Iowa. same route. (5) Between Calhoun, Ky., to operate as a common carrier, by motor Send protests to: B. J. Schreier, District and Madisonville, Ky., serving all inter­ vehicle, over irregular routes, transport­ Supervisor, Bureau of Operations and mediate points and off-route points ing: Meats, meat products, meat byprod­ Compliance, Interstate Commerce Com­ within 3 miles of the described route, ucts, and articles distributed by meat mission, 1100 Federal Office Building, from Calhoun, Ky., over Kentucky High­ packinghouses as described in section A 911 Walnut Street, Kansas City, Mo. way 81 to its junction with Kentucky and C of appendix I to the report in De­ 64106. Highway 85 south of Semiway; thence scriptions in Motor Carrier Certificates, No. MC 90373 (Sub-No. 25 TA), filed over Kentucky Highway 85 to its junction 61 M.C.C. 209 and 766 (except commodi­ November 23, 1966. Applicant: C & R with Kentucky Highway 70 near Anton; ties in bulk, in tank vehicles), from TRUCKING CO., Inman Avenue, Avenel, thence over Kentucky Highway 70 to Eagar, Wis., to New York, N.Y., and its N.J. 07001. Applicant’s representative: Madisonville, Ky., and return over the commercial zone, for 180 days. Support- George A. Olsen, 69 Tonnele Avenue, same route. (6) Between Central City, Sg 1shipper: Berliner and Marx, 555 Jersey City, N.J. 07306. Authority sought Ky., and Sacramento, Ky., serving all in­ west Street, New York, N.Y. 10014. Send to operate as a contract carrier, by motor termediate points and off-route points Protests to: Ellis L. Annett, District Su­ vehicle, over irregular routes, transport­ within 3 miles of the described route, pervisor, Bureau of Operations and Com­ ing: (1) Petroleum products, in con­ from Central City over U.S. Highway 431 pliance, Interstate Commerce Commis­ tainers, (2) advertising materials and to South Carrollton, Ky.; thence over sion, 227 Federal Office Building, Des displays, from Long Island City, N.Y., to Kentucky Highway 81 to Sacramento and Moines, Iowa 50309. points in Connecticut, Massachusetts, return over the same route. (7) Be­ N°- ^C 21170 (Sub-No. 248 TA), filed New Jersey, New York, and Pennsyl­ tween Central City, Ky., and Island, Ky., T 25, 1966. Applicant: BOS vania, for 150 days. Supporting shipper: serving all intermediate points and off- 2 ' , ® ° - . 408 South 12th Avenue, Witco Chemical Co., Inc., 277 Park Ave­ route points within 3 miles of the de­ Marshalltown, Iowa 50158. Applicant’s nue, New York, N.Y. Attention: A. J. scribed route, from Central City over U.S. a esep^ativ6: William C. Harris (same Zazzarino, General Traffic Manager. Highway 431 to Island, Ky., and return tonrlSS? applicant)* Authority sought Send protests to: District Supervisor, over the same route. (8) Between Liv­ tor v if i 35 a comuion carrier, by mo- Robert S. H. Vance, Bureau of Opera­ ermore, Ky., and junction of U.S. High­ venicle, over irregular routes, trans­ tions and Compliance, Interstate Com­ way 431 with the Daviess-McLean Coun-

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 No. 233—P t. I -----g 15170 NOTICES ty line, serving all intermediate points Commerce Commission, 426 Post Office mal and poultry feed, animal and poultry and off-route points within 3 miles of Building, Louisville, Ky. 40202. feed ingredients, and supplements there- the described route, from Livermore, Ky., No. MC 108884 (Sub-No. 14 TA), filed to, in bulk and in sacks, between Spring- over UJ5. Highway 431 to its junction November 25,1966. Applicant: ROGERS dale, Ark., and Springfield. Mo., for 180 with the Daviess-McLean County line AND KASPER, INC., Route 46, Great days. Supporting shipper: Ralston Pu­ and return over the same route. (9) Meadows, N.J. 07838. Applicant’s repre­ rina Co., Checkerboard Square, St. Louis, Between Hartford, Ky., and junction of sentative : Bert Collins, 140 Cedar Street, Mo. 63199. Send protests to: D. R. U.S. Highway 231 with the Daviess-Ohio New York, N.Y. 11006. Authority sought Partney, District Supervisor, Interstate County line, serving all intermediate to operate as a common carrier, by motor Commerce Commission, Bureau of Oper­ points and off-route points within 3 vehicle, over irregular routes, transport­ ations and Compliance, 2519 Federal Of­ miles of the described route. Prom ing: Frozen foods, in mixed loads and/or fice Building, Little Rock, Ark. 72201. i Hartford over U.S. Highway 231 to its shipments with commodities presently No. MC 128273 (Sub-No. 3 TA), filed junction with the Daviess-Ohio County exempt under section 203(b) (6) of the November 23, 1966. Applicant: MID­ line, and return over the same route. Act, in vehicles equipped with mechani­ WESTERN EXPRESS, INC., Post Office (10) Between Beaver Dam, Ky., and cal refrigeration, from Gloucester and Box 189, Fort Scott, Kans. 66701. Ap­ Rochester, Ky., serving all intermediate Boston, Mass., to New York, N.Y., points plicant’s representative: Harry Ross, points and off-route points within 3 in Nassau, Suffolk, Westchester, Orange, Hays and Hays, Warner Building, Wash­ miles of the described route, from Beaver Rockland, and Broome Counties, N.Y.; ington, D.C. 20004. Authority sought to Dam over Kentucky Highway 369 to Bergen, Essex, Hudson, Union, Morris, operate as a common carrier, by motor Rochester, Ky., and return over the same Warren, Passaic, Middlesex, Somerset, vehicle, over irregular routes, as follows: route. Monmouth, Ocean, Mercer, and Atlantic Animal food and animal feed (except in (11) Serving all off-route points in Counties, N.J., and points in Pennsyl­ bulk), from plantsite of Usen Products connection with the above-described vania on and east of U.S. Highway 15 ex­ Co. at or near Golden Meadow, La., and routes, all points and places in Butler, tending from the Pennsylvania-Mary- storage facilities of Usen Products Co. at Ohio, McLean, Muhlenberg, Hopkins, Ed­ land State line to the Pennsylvania-New or near Lockport, La., to points in Mon­ monson, and Grayson Counties, Ky. York State line, for 150 days. Support­ tana, Wyoming, Colorado, New Mexico, Note: Applicant also seeks authority to ing shipper: The Gorton Corp., Glouces­ Arizona, North Dakota, South Dakota, tack operations under proposed tempo­ ter, Mass. 01931. Send protests to: Dis­ Nebraska, Kansas, Oklahoma, Texas, rary authority to its existing operations trict Supervisor Joel Morrows, Bureau Minnesota, Iowa, Missouri, Wisconsin, under certificate of registration No. MC- of Operations and Compliance, Inter­ and Illinois, for 180 days. Supporting 97394 Sub 2, for 180 days. Supporting state Commerce Commission, 1060 Broad shipper: P. Lorillard Co., 200 East 42d shippers: Mr. N. R. Purdy, Owner, Street, Newark, N.J. 07102. Street, New York, N.Y. Send protests Purdy’s V & S Hardware, 173 West Cen­ No. MC 113843 (Sub-No. 124 TA), filed to: M. E. Taylor, District Supervisor, ter Street, Madisonville, Ky. 42431; Mr. November 23, 1966. Applicant: RE­ Bureau of Operations and Compliance, O. T. Rudd, President, Rudd Lumber FRIGERATED FOOD EXPRESS, INC., Interstate Commerce Commission, 906 Co., Inc., Sugg Street, Madisonville, Ky. 316 Summer Street, Boston, Mass. 02210. Schweiter Building, Wichita, Kans. 42431; Mr. J. B. Denton, Partner, Den­ Applicant’s representative: Larry Shields 67202. ton Hardware Co., 21 West Center Street, (same address as above). Authority No. MC 128401 (Sub-No. 2 TA), filed Madisonville, Ky. 42431; Mr. Curtis Mc­ sought to operate as a common carrier, November 23, 1966. Applicant: ROS- Coy, Jr., President, McCoy Oil Co., Inc., by motor vehicle, over irregular routes, BOROUGH REFRIGERATED EX­ South Main Street, Madisonville, Ky. transporting: Foodstuffs, prepared, from PRESS COMPANY, INC., 326 Main 42431; Mr. John W. Summers, Secretary- Hamlin, Holly, and Williamson, N.Y., to Street, Gloucester, Mass. 01930; Appli­ Treasurer, S & C Auto Parts, Inc., 68 points in Wisconsin, Iowa, Minnesota, cant’s representative: Peter W. Princi, North Franklin Street, Madisonville, Ky. Nebraska, North Dakota, and South Da­ 40 Court Street, Boston, M ass. 02108. 42431; J. B. Denton, Partner, Denton kota, for 180 days. Supporting shipper: Authority sought to operate as a com­ Hardware Co., 21 West Center Street, Duffy-Mott Co., 370 Lexington Avenue, mon carrier, by motor vehicle, over ir­ Madisonville, Ky. 42431; Curtis McCoy, New York City, N.Y. Send protests to: regular routes, transporting: Frozen pre­ Jr., President, McCoy Oil Co., Inc., South District Supervisor Richard D. Mansfield, pared foods in mixed loads with frozen Main Street, Madisonville, Ky. 42431; Bureau of Operations and Compliance, fish products, from points in Essex, Suf­ John W. Summers, Secretary-Treasurer, Interstate Commerce Commission, Room folk, Middlesex, Norfolk, Worcester, and 5 & C Auto Parts, Inc., 68 North Franklin 2211-B, J. F. Kennedy Building, Boston, Bristol Counties, Mass., to points in New Street, Madisonville, Ky. 42431; E. A. Mass. 02203. York on and west of U.S. Highway 87, Cohen, Partner, E. A. Cohen & Son, 138 No. MC 119765 (Sub-No. 12 TA), filed on and north of New York Highway 17. South Main Street, Greenville, Ky. 42345; November 23, 1966. Applicant: HENRY from the junction of U.S. Highway 87 H. R. DePoyster, Owner, DePoyster’s Va­ G. NELSEN, INC., 1548 Locust Street, and New York Highway 17, to th e jimc- riety Store, North Main Street, Green­ Avoca, Iowa 51521. Authority sought to tion of New York Highway 17 and U.b. ville, Ky. 42345; Thomas S. Brizendine, operate as a common carrier, by motor Highway 90, for 180 days. Supporting Vice President, J. Zinsmeister Co., Post vehicle, over irregular routes, transport­ shipper: The Groton Corp., Gloucester, Office Box 427, Greenville, Ky. 42345; ing: Meat, meat products, and meat by­ Mass. 01937. Send protests to: Distiici William Willis, Partner, Greenville Sup­ products, from the plantsite of the Amer­ Supervisor, Maurice C. Pollard, Inter­ ply Co., Post Office Box 260, Greenville, ican Beef Packers Co., located at or near state Commerce Commission, Bureau o Ky. 42345; Sylvia Ruby, Partner, Ruby’s Oakland, Iowa, to points in Illinois, In­ Operations and Compliance, John ■ Distributing Co., North First Street, Cen­ diana, Minnesota, and Wisconsin, for 180 Kennedy Building, Government Center, tral City, Ky. 42330; Carl Pendley, days. Supporting shipper: American Boston, Mass. 02203. Owner, Western Auto Associate Store, Beef Packers, Inc., Oakland, Iowa. Send No. MC 128654 (Sub-No. 1 TA) (Cor­ 104 Broad Street, Central City, Ky. protests to: Keith P. Kohrs, District Su­ rection), filed November 16, 1966, P 42330; Hazel Becker, Partner, Buddy’s pervisor, Bureau of Operations and Com­ lished F ederal R egister issue of Nov Hardware & Furniture, 110 Broad Street, pliance, 705 Federal Office Building, In­ ber 24, 1966, and republished ^ Central City, Ky. 42330; C. B. Green­ terstate Commerce Commission, Omaha, corrected, this issue. Applicant: J? . wood, President, Barnes Mercantile Co., Nebr. 68102. TRANSPORT, INC., 3562 West Churc 108 Broad Street, Central City, Ky. No. MC 126014 (Sub-No. 5 TA), filed Street, Post Office Box 3126, 42330; Earl D. Bibb, Partner, Dewey Bibb November 23, 1966. Applicant: ELMER Calif. 93766. Applicant’s representauv • 6 Son, Box 227, Sacramento, Ky. 42372; D. PALMER, Route 1, Pea Ridge, Ark. Marshall A. Smith, Jr., 925 North Ful > J. W. West, Secretary-Treasurer, Three- 72751. Applicant’s representative: John Suite 4, Post Office Box 4006,Fresn , Way Farm Supply, Sacramento, Ky. H. Joyce, 26 North College, Fayetteville, Calif. 93744. Authority sought to ope 42372. Send protests to: Wayne L. Ark. 72701. Authority sought to operate ate as a contract carrier, by nwt»r Merilatt, District Supervisor, Bureau of as a contract carrier, by motor vehicle, hide, over irregular routes, transpOT * Operations and Compliance, Interstate over irregular routes, transporting: Ani­ Dry fertilizers, fertilizer compound

FEDERAL REGISTER, V O L 31, NO. 233— FRIDAY, DECEMBER 2, 1966 NOTICES 15171

(manufactured fertilizers'), in bags, from Feed and grain, from Chicago, Burling­ Terminal, Jennings Lane, Louisville, Ky. Lathrop, Calif., to points in Oregon. ton & Quincy Railroad siding at New­ 40218. Authority sought to operate as Supporting shipper: The Best Fertilizers castle, Wyo., to the LAK feed lot of True a common carrier, by motor vehicle, over Co., Post Office Box 198, Lathrop, Calif. Ranches located 6 miles east of New­ irregular routes, transporting: Hominy Send protests to: Wm. R. Murdoch, Dis­ castle on U.S. Highway 16; and the feed, from Owensboro, Ky., to points in trict Supervisor, Interstate Commerce Wheatland feed lot of True Ranches Florida, for 180 days. Supporting ship­ Commission, 450 Golden Gate Avenue, located 4 miles west of Wheatland, per: Joseph A. Murphy, Vice President, Box 36004, San Francisco, Calif. 94102. Wyo., on Wyoming Secondary Highway Murphy Grain & Milling Co., Inc., Post Note: The purpose of this republication 1600, for 180 days. Supporting shipper: Office Box 407, Owensboro, Ky. 42301. is to show the docket number assigned True Ranches, Post Office Drawer 1612, Send protests to: Wayne L. Merilatt, thereto in lieu of No. MC 128645 (Sub- Casper, Wyo. 82602, Send protests to: District Supervisor, Bureau of Opera­ No. 1 TA), which was in error. Paul A. Naughton, District Supervisor, tions and Compliance, Interstate Com­ No. MC 128685 (Sub-No. 1 TA), filed Interstate Commerce Commission, Bu­ merce Commission, 426 Post Office Build­ November 23, 1966. Applicant: DIXON reau of Operations and Compliance, D ing, Louisville, Ky. 40202. BROS., Post Office Box 636, Newcastle, & S Building, 255 North Center Street, By the Commission. Wyo. 82701. Applicant’s representative: Casper, Wyo. 82601. Ward A. White, Post Office Box 568, No. MC 128711 TA, filed November 23, [seal] H. Neil Garson, 1600 Van Lennen Avenue, Cheyenne, Secretary. Wyo. 82001. Authority sought to oper­ 1966. Applicant: RICHARD N. ELL- ate as a common carrier, by motor vehi­ WANGER, doing business as JOHN [F.R. Doc. 66-12983; Filed, Dec. 1, 1966; cle, over irregular routes, transporting: ELLWANGER & SON, Louisville Produce 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15172 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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

5 CFR Page 7 CFR— Continued 21 CFR Page 213— ...... — — — 15133 1090______— 15061 2______------15088 1094______15061 17______— 15088 1096— ______15061 7 CFR 1097 ______— ______15061 121______15089,15090 722 !______15142 1098 ___ 15061 191______15091 905_____— ______- 15059 1101_____ — ______15061 P roposed R u l e s: 989______.______15145 1102 ______15061 17— ______15095 1003______!______15060 1103 ______15061 130______— — 15096 1005 ______- ______15061 1106______15061 1006 ______-______15061 1108______15061 1008 __ 15061 1125 __ 15061 22 CFR 1009 ______15061 1126______— ______15061 121______15174 1011 ______- ______15061 1131______—— ______15061 1012 ______:______— 15061 1132 ___ 15061 122______15174 1013 ______15062 1133 ______15061 123 ____ 15174 1016______15063 1136 _ 15061 124 ______15174 1031______15061 1137 ______15061,15087 125 ______15174 1032— ______15061,15064 1138 _____ — ______15061 126.______15174 1033______— 15061 P roposed R u l e s: 127______15174 1034 ______15061 52—______15149,15151 1035 ______;______'15061 817_____—______15147 1036 ______15061 971______15153 26 CFR 1038 ______15061 992______15153 P roposed R u l e s: 1039 _ 15061 1101______15154 31______15095 1040 ______15061 1041 ______15061,15074 10 CFR 38 CFR 1043___ 15061 9______15145 1044______15061 1______'______15091,15092 1045 ______— ______15061 20______— ______15145 1046 ______15061 32____ 15145 1047 ______— 15061 40___ 15145 41 CFR 50______15145 1_10______15092 1049—______15061 150— ___ 15145 1050 ______15061,15076 1-16— ...... 15092 1051 ______15061 4 5 ______15094 1062 _ 15061 12 CFR 1063 ______15061 P roposed R u l e s: 1064 ______15061 525______15158 42 CFR 1065.______15061 7 3 ______15092 1066______15061 13 CFR 121...... —______15145 1068 ______15061,15086 47 CFR 1069 ______15061 1070 ______15061 14 CFR P roposed R u l e s: 1071 ..... 15061 71______15087 18...... 15158 1073______15061 73______15087,15088 7 3 ______15097 1075 _____ 15061 75______15088 1076 _ 15061 97__ 15134 1078 ______15061 P roposed R u l e s: 50 CFR 1079 ____ 15061 71______— 15096,15097 3 3 15133 FEDERAL REGISTER

VOLUME 31 • NUMBER 233

Friday, December 2,1966 Washington, D.C.

PA R T II

Department of State

International Traffic in Arms

Revision and Republication

No. 233—Pt. II___1 15174 RULES AND REGULATIONS

(c) Insurgency-counterinsurgency type (d) Harbor entrance magnetic, pressure, firearms or other weapons having a special and acoustic detection devices, controls and Title 22— FOREIGN RELATIONS military application regardless of caliber; components thereof. Chapter I— Department of State and all components and parts therefor. (e) Naval nuclear propulsion plants, their (d) Firearms silencers. land prototypes and special facilities for their [Dept. Reg. 108.543] (e) Bayonets and specifically designed construction, support and maintenance, in­ SUBCHAPTER M— INTERNATIONAL TRAFFIC IN components therefor. cluding any machinery, device, component, (f) Riflescopes (except sporting type sights or equipment specifically developed or de­ ARMS including optical) and specifically designed signed for use in such plants or facilities5 REVISION AND REPUBLICATION OF components therefor. (see § 123.66). SUBCHAPTER Category II—Artillery and P rojectors Category VII—Tan k s and Military Vehicles Subchapter M of the regulations of the (a) Guns over caliber .50, howitzers, mor­ (a) Military type armed or armored ve­ Secretary of State (§§ 121.01-127.01) is­ tars, and recoilless rifles. hicles, military railway trains, and vehicles (b) Military flame throwers and projectors. fitted with, designed or modified to accom­ sued July 13, 1965 (Departmental Regu­ (c) Components and parts including, but modate, mountings for arms or other special­ lation 108.520, 30 P.R. 9034) is hereby not limited to, mounts and carriages for the ized military equipment. revised as follows: articles in paragraphs (a) and (b) of this (b) Military tanks, tank recovery vehicles, Part Category. half-tracks and gun carriers. (c) Self-propelled guns and howitzers. 121 Arms, ammunition, and implements of Category III—Am m unitio n war. (d) Military trucks, trailers, hoists, and 122 Registration. (a) Ammunition for the arms in Categories skids specifically designed for carrying and 123 Licensing controls. I and II of this section (see § 123.03). handling the articles in paragraph (a) of 124 License and technical assistance agree­ (b) The following components, parts, ac­ Categories I I I and IV; military mobile repair ments. cessories, and attachments: cartridge cases, shops specifically designed to service military 125 Technical data. powder bags, bullets, jackets, cores, shells equpiment-. 126 Violations and penalties. (excluding shotgun), projectiles, boosters, (e) Military recovery vehicles. 127 Administrative procedures. fuzes aiid components therefor, primers, and (f) Amphibious vehicles (see §121.07). other detonating devices for such ammuni­ (g) All specifically designed components, PART 121— ARMS, AMMUNITION, tion (see § 121.04). parts, accessories, attachments, and associ­ AND IMPLEMENTS OF WAR (c) Ammunition belting and linking ma­ ated equipment, including military bridging chines. and deep water fording kits for the articles E numeration op Articles (d) Ammunition manufacturing machines, in this Category. Sec. and ammunition loading machines (except Category VIII—Aircraft, Spacecraft, and 121.01 The United States Munitions List. hand loading). Associated Equipment D efinitio ns and Interpretations Category IV—Launch Vehicles, Guided Mis ­ (a) Aircraft including helicopters de­ 121.02 Substantial transformation. siles, B allistic Missiles, R ockets, T orpe­ signed, modified or equipped for military does, B ombs, and Mines 121.03 Firearms. purposes, including but not limited to the 121.04 Cartridge and shell casings. (a) Launch vehicles, guided missiles, bal­ following: gunnery, bombing, , or mis­ 121.05 Military demolition blocks and listic missiles, bombs, grenades, , tor­ sile launching, electronic surveillance, re­ blasting caps. pedoes, rocket torpedoes, depth charges, land connaissance, refueling, aerial mapping, 121.06 Apparatus and devices under Cate­ and naval mines, and military demolition military liaison, cargo carrying or droppings, gory IV(b). blocks and blasting caps (see § 121.05). personnel dropping, military trainers, drones, 121.07 Amphibious vehicles. (b) Apparatus, devices, and materials for and lighter-than-air aircraft (see § 121.13). 121.08 Chemical agents. the handling, control, activation, detection, (b) Spacecraft including manned and un­ 121.09 Propellants. protection, discharge, or detonation of the ar­ manned, active and passive satellites. 121.10 Military explosives. ticles in paragraph (a) of this Category (see (c) Military aircraft engines, except re­ 121.11 Military fuel thickeners. § 121.06). ciprocating engines, and spacecraft engines 121.12 Vessels of war and special naval (c) Missile and space vehicle powerplants. specifically designed or modified for the air­ equipment. (d) Military explosive excavating devices. craft and spacecraft in paragraphs (a) and 121.13 Aircraft and related articles. (e) Filament winding machines designed (b) of this Category. 121.14 Helium gas. for or modified for the manufacture of struc­ (d) Airborne equipment, including but 121.15 Forgings, castings, and machined tural forms, for articles in this Category. not lim ited to JATO units and airborne re­ bodies. (f) All specifically designed components, fueling equipment, specifically designed for 121.16 “United States”. parts, accessories, attachments, associated use with the aircraft, spacecraft, and engines 121.17 Person. equipment, and specialized production equip­ of the types in paragraphs (a), (b), and (c) ment for the articles in this Category. of this Category. Authority: The provisions of this Part 121 (e) Launching, arresting, and recovery issued under sec. 414, as amended, 68 Stat. Category V—P ropellants, Explosives, and equipment for the articles in paragraphs (a) 848; 22 U.S.C. 1934; secs. 101 and 105, E.O. Incendiary Agents and (b) of this Category. 10973, 26 F.R. 10469; sec. 6, Departmental (f) Nonexpansive balloons in excess of Delegation of Authority No. 104, 26 F.R. (a) Propellants for the articles in Cate­ gories III and IV of this section (see 3,000 cubic feet capacity, except such types 10608, às amended, 27 F.R. 9925, 28 F.R. 7231; as are in normal sporting use. and Redelegation of Authority No. 104-3-A, § 121.09). (g) Power supplies and energy sources 28 F.R. 7231. (b) Military explosives (see § 121.10). (c) Military fuel thickeners (see § 121.11). specifically designed for spacecraft. (h) Components, parts, accessories, at­ Enumeration of Articles (d) Military pyrotechnics. tachments, and associated equipment, in* § 121.01 The United States Munitions Category VI—Vessels of War and S pecial eluding propellers and airfield matting, List. Naval Equipm ent specifically designed or modified for the tides in paragraphs (a) through (g) of t Pursuant to the authority cited supra (a) , amphibious warfare vessels, Category. the following articles1 are hereby desig­ landing craft, mine warfare vessels, patrol nated as arms, ammunition and imple­ vessels, auxiliary vessels, service craft, float­ ments of war. ing dry docks, and experimental types of Applications for licensing the expor naval ships (see § 121.12). such machinery device, component, Category I—Firearms (b) Turrets and gun mounts, missile sys­ ipment, or technical data relating «her (a) Nonautomatic and semiautomatic fire­ tems, , special weapons systems, will not be granted if the proposed exp' arms, to caliber ,50 inclusive, and all com­ protective systems, submarine storage bat­ s not come within the scope of an exis & ponents and çarts therefor (see §§ 121.03, teries, catapults and other components, parts, eement for Cooperation for Mutual 123.03, 123.51, and 123.55). attachments, and accessories specifically ¡e Purposes concluded pursuant t° (b) Automatic firearms and all components designed for combatant vessels, including but mic Energy Act of 1954, as amended, and parts therefor to caliber .50 inclusive not limited to, , command ships, government of the country to whic (see §§ 121.03 and 123.03). guided missile ships, , aircraft car­ a will be exported; unless the hcens v riers, destroyers, frigates, escorts, mine­ ation involves an item (a) which lS 1 The term “article” shall mean any of the sweepers, and submarines. 1 to that in use in an unclassified civn arms, ammunition and implements of war (c) Submarine and torpedo nets, and mine lear powerplant, and its furnishing and technical data relating thereto enumer­ sweeping equipment. Components, parts, disclose its relationship to naval n ated in the United States Munitions List. attachments and accessories specifically de­ pulsion, and (b) which is not for (See § 123.66) signed therefor. ival propulsion plant.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15175

(i) Experimental or developmental air­ and night viewing equipment; military cifically modified for use in the devising car­ craft components known to have a signifi­ masers and military lasers; gun laying equip­ rying out, or evaluating of nuclear- weapons cant military application. ment; range, position and height finders and tests or any other nuclear explosions except (j) Parachutes, except such types as are spotting instruments; aiming devices (elec­ such items as are in normal commercial use in normal sporting use, and complete cano­ tronic, gyroscopic, optic, and acoustic); for other purposes. pies, harnesses, and platforms, and electronic bomb sights, bombing computers, military Category XVII—Classified Articles release mechanisms therefor. television sighting and viewing units, in­ (k) Ground effect machines (GEMS), in­ ertial platforms; and periscopes for the All articles including technical data relat­ cluding surface effect machines and other air articles of this section. ing thereto, not enumerated herein, contain­ cushion vehicles, except such machines as (b) Inertial and other weapons or space ing information which is classified as are in normal commercial use, and all com­ vehicle guidance and control systems; space­ requiring protection in the interests of na­ ponents, parts, accessories, attachments, and craft guidance, control and stabilization tional defense. systems; astro compasses; and star trackers. associated equipment specifically designed or Category XVIII—Technical D ata modified for use with such machines. (c) Components, parts, accessories, at­ (l) inertial systems, and specifically de­ tachments, and associated equipment spe­ Technical data relating to the articles des­ signed components therefor, inherently cifically designed or modified for the articles ignated in this subchapter as arms, ammuni­ capable of yielding accuracies of better than in paragraphs (a) and (b) of this Category, tion, and implements of war (see § 125.01 2 to 4 nautical miles per hour c.e.p. except such items as are in normal com­ for definition and § 125.30 for exemptions. mercial use. See also § 123.66). Category IX—Military Training Equipm ent Category XIII—Auxiliary Military Category XIX —Miscellaneous Articles (a) Military training equipment includes Equipm ent but is not limited to attack trainers, radar Any article and technical data relating target trainers, radar target generators, gun­ (a) Aerial cameras, space cameras, special thereto not enumerated herein having signifi­ nery training devices, antisubmarine warfare purpose military cameras, and specialized cant military applicability, determined by trainers, target equipment, armament train­ processing equipment therefor; military the Director, Office of M unitions Control, De­ ers, pilotless aircraft trainers, mobile train­ photointerpretation, stereoscopic plotting, partment of State, in consultation with ap­ ing units, military type link trainers, opera­ and photogrammetry equipment, and specifi­ propriate agencies of the Government and tional flight trainers, flight simulators, radar cally designed components therefor. having the concurrence of the Department of trainers, instrument flight trainers and (b) Cryptographic devices (encoding and Defense. decoding), and specifically designed compo­ navigation trainers. D efinitio ns and I nterpretations (b) Components, parts accessories, at­ nents therefor. tachments, and associated equipment spe­ (c) Self-contained diving and underwater § 121.02 Substantial transformation. cifically designed or modified for the articles breathing apparatus designed for a military in paragraph (a) of this Category. purpose and specifically designed components As used in § 123.03(c), the term “sub­ therefor. stantially transformed” shall refer to the Category X—P rotective P ersonnel (d) Armor plate. realteration of firearms abroad to accom­ E quipment (e) Concealment and deception equip­ plish the following changes: ment, including, but not limited to, special (a) Military body armor (including ar­ (a) As applied to rifles and carbines, paints, decoys, and simulators, components, mored vests), flak suits and components and parts and accessories specifically designed the changes must have included at least parts specifically designed therefor; military therefor. either (1) rechambering for a higher helmets, including liners. (f) Energy conversion devices for produc­ caliber or charge cartridge or (2) instal­ (b) Partial pressure suits, pressurized ing electrical energy from nuclear, thermal, lation of a new action. breathing equipment, military oxygen masks, or solar energy, or from chemical reaction, (b) As applied to pistols and revolvers, anti-“G” suits, protective clothing for han­ specifically designed or modified for military the changes must have included at least dling guided missile fuel, military crash application. helmets, liquid oxygen converters used for either (1) rechambering or (2) modi­ (g) Chemiluminescent compounds and aircraft (enumerated in Category VIII(a)), solid state devices specifically designed or fication of the cylinder for the accom­ missiles, catapults, and cartridge-actuated modified for military application. modation of a higher caliber or charge devices utilized in emergency escape of per­ cartridge. sonnel from aircraft (enumerated in Cate­ Category XIV—T oxicological Agents and (c) Other changes, such as rebarrel­ gory VIII( a )). E quipm ent; R adiological Equipm ent (c) Components, parts, accessories, at­ ing, modification of stocks, or grips, re­ (a) Chemical agents, including lung irri­ tachments, and associated equipment spe­ bluing, or replacing of sights, singly or tants, vesicants, lacrimators, and tear gases, cifically designed for use with the articles together, are not sufficient to so substan­ in paragraphs (a) and (b) of this Category. sternutators and irritant smokes, and nerve tially transform the weapons as to be­ gases and incapacitating agents (see come, in effect, articles of foreign Category XI—Military and Space § 121.08). manufacture. E lectronics (b) Biological agents adapted for use in war to produce death or disablement in hu­ (a) Electronic equipment bearing a mili­man beings or animals or to damage crops § 121.03 Firearms. tary. designation including, but not limited and plants. Rifles, carbines, revolvers, and pistols, to, the following items: Radar, active and (c) Equipment for dissemination, detec­ to caliber .50 inclusive, are included un­ passive countermeasures, counter counter­ tion, and identification of, and defense measures, underwater sound, computers, against the articles in paragraphs (a) and der Category 1(a). Machineguns, sub- Navigation, guidance, electronic fuzes, ob­ (b) of this Category (see § 123.52(a)). machineguns, machine pistols, and fully ject-locating methods and means, displays (d) Nuclear radiation detection and meas­ automatic rifles to caliber .50 inclusive hat represent signals of military use, identi- uring devices, except such devices as are are included under Category 1(b). cation systems, missile and antimissile in normal commercial use. (a) As used in this subchapter, the systems, telemetering and communications (e) Components, parts, accessories, attach­ term “firearm” denotes a weapon not ectronic equipment; and, regardless of ments, and associated equipment specifically over .50 caliber discharging bullets by resignation, any experimental or develop- designed or modified for the articles in para­ electronic equipment specifically de- graphs (c) and (d) of this Category. an explosive force. m mo(ii.fled for m ilitary application. (b) A “rifle” is a shoulder firearm dis­ 1 ) Electronic equipment specifically Category XV—Helium Gas charging bullets through a rifled barrel or modified for spacecraft and Contained helium and admixtures thereof at least 16 inches in length, including spaceflight. (see §121.14 and §123.61). combination and drilling guns. taihL ComP°nents. parts, accessories, at- (c) A “carbine” is a lightweight caliv ri ant* r^s^lated equipment specifi- Category XVI—N uclear Weapons D esign and T est Eq u ipm en t * shoulder firearm with a short barrel, thf>V1 -®ned for use or currently used with under 16 inches in length. of thi?^Pinent in Paragraphs (a) and (b) (a) Any article, material, equipment, or (d) A “pistol” is a hand operated fire­ nnrrvioi ^^Sory, except such items as are in device, which is specifically designed or spe­ normal commercial use. cifically modified for use in the design, de­ arm having a chamber integral with, or velopment, or fabrication of nuclear weapons permanently aligned with, the bore. ^Opttp Y —*'IRE Control, R ange F inder, omuclear explosive devices. (e) A “revolver” is a hand-operated Equipments™ ®ttidance and Control (b) Any article, material, equipment, or firearm with a revolving cylinder con­ device, which is specifically designed or spe- taining chambers for individual car­ and^t^irf6 con^roI: S*111 and missile tracking tridges. imaPfTfv.T110? systems; military infrared, * See § 123.66. See also Department of (f) A “machinegun”, “machine pistol”, tcnsifier and other night sighting Commerce Export Regulations, 15 CFR 373.7. or “submachinegun” is a firearm origi-

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15176 RULES AND REGULATIONS nally designed to fire, or capable of being (d) Dichlorodimethyl ether (CiCi). (n) Trinitronaphthalene. fired fully automatically by a single pull (e) Ethyldibromoarsine. (o) Trinitrophenol (picric acid). (f) Phenylcarbylamine chloride. (p) Trinitrophenylmethyl-nitramine (Tet- of the trigger. (g) Tear gas solutions (CNB and CNS). ry l). § 121.04 Cartridge and shell casings. (h) Tear gas orthochlorobenzalmalono- (q) Trinitrotoluene (TNT). nitrile (CS). (r) Trinitroxylene. Cartridge and shell casings are in­ 4. Sternutators and irritant smokes: (s) Ammonium perchlorate nitrocellulose cluded under Category i n of the U.S. (a) Diphenylaminechloroarsine (Adam- (military grade). Munitions List unless, prior to their ex­ site, DM ). (t) Any combinations of the above. portation or importation, they have been (b) Diphenylchlorarsine (BA). §121.11 Military fuel thickeners. rendered useless beyond the possibility 5. Nerve gases. These are toxic com­ of restoration • for use for the purpose pounds which affect the nervous system, such The term “military fuel thickeners” originally produced by means of excessive as: includes: compounds (e.g., octal), or (a) Dimethylaminoethoxycyanophosphine mixtures of such compounds (e.g., heating, flame treatment, mangling, oxide (GA). crushing, cutting, or popping. (b) Methylisopropoxyfluorophosphine ox­ napalm) specifically formulated for the ide (GB). purpose of producing materials which, § 121.05 Military demolition blocks and (c) Methylpinacolyloxyfluoriphosphine ox­ when added to petroleum products, pro­ blasting caps. ide (G D ). vide a gel-type incendiary material for The term “military demolition blocks 6. Antiplant chem icals: use in bombs, projectiles, flame throwers and blasting caps” does not include the (a) B u ty l, 2,4 - dichlorophenoxyacetate or other implements of war. (LNA). following articles: (b) 2,4,5-trichlorophenoxyacetate (LNB). § 121.12 Vessels of war and special na­ (1) Electric squibs. (c) Butyl 2-chloro-4-fluorophenoxyacetate val equipment. (2) No. 6 and No. 8 blasting caps, including (LNF). (See Category VI.) electric. (3) Delay electric blasting caps (including § 121.09 Propellants. The term “vessels of war” includes, but is not limited to, the following: No. 6 and No. 8 m illisecond). The term “propellants” includes but is not (4) Seismograph electric blasting caps limited to the following: (а) Combatant: (including SSS, Static-Master, Vibrocap SR, (1) Propellant powders including smoke­ (1) Warships (including nuclear-powered and SEISMO S R ). less shotgun powder. versions): (5) Oil well perforating devices. (2) Hydrazine (including Monomethyl Aircraft carriers (CVA, CVE, CVHE, CVL, § 121.06 Apparatus and devices under hydrazine and symmetrical dimethyl hydra­ CVS). zine but excluding hydrazine hydrate). Battleships (BB, BBG). Category IV (b ). (3) Unsymmetrical dimethylhydrazine. Command ships (CBC, CLC). Category IV(b) includes inter alia the (4) Hydrogen peroxide over 85 percent Cruisers (CA, CAG, CB, CG, CL, CLAA, following: Fuzes and components there­ concentration. CLG). of, bomb racks and shackles, bomb (5) Nitroguanadine or picrite. Destroyers (DD, DDC, DDE, DDG, DDR, shackle releases units, bomb ejectors, (6) Nitrocellulose with nitrogen content DL, DLG). of over 12.20 percent. Submarines (SS, SSB, SSG, SSK, SSR). torpedo tubes, torpedo and guided-mis- (7) Other solid propellant compositions, (2) Amphibious warfare vessels: sile boosters, guidance system materials including but not limited to the following: Amphibious assault ship (LPH). (except those having a commercial ap­ (a) Single base (nitrocellulose). Amphibious force flagship (AGC). plication), launching racks and projec­ (b) Double base (nitrocellulose, nitro­ Assault helicopter (CVHA). tors, pistols (exploders), igniters, fuze­ glycerin ). Attack cargo ship (AKA). arming devices intervalometers, and (c) Triple base (nitrocellulose, nitro­ Control escort vessel (DEC). components therefor, guided-missile glycerin, nitroguanidine). Cargo submarine (AK (SS)). (d) Composite of nitroglycerin, am­ Inshore fire support ship (IFS). launchers and specialized handling monium perchlorate, potassium perchlorate, Landing ships (IBD, LSSF, LSIL, LSM, equipment, and hardened-missile nitronium perchlorate, guanidine (guani- LSMR, LSSL, LST). launching facilities. dinium) perchlorate, nitrogen tetroxide, am­ Transport submarine (AP(SS)). monium nitrate or nitrocellulose with plas­ Transports (APA, APD). § 121.07 Amphibious vehicles. tics, metal fuels, or rubbers added; and com­ (3) Landing craft (LCC, LCM, LCP, LCR, As used in Category VII(f), the term pounds composed only of fluorine and one or LCS, LCU, LCV, LCVP). “amphibious vehicles” includes, but is more of the following: Other halogens, oxy­ (4) Landing vehicle, tracked (LVT). not limited to, automotive vehicles or gen, or nitrogen. (5) Mine warfare vessels: (e) Special purpose chemical base high Mine hunter, coastal (MHC). chassis embodying all-wheel drive and energy solid military fuels. - Mine countermeasures support ship (MCS). equipped to meet special military re­ (8) Other liquid propellant compositions, Minelayers (DM, MMA, MMC, MMF). quirements, with adaptation features for including but not limited to the following: Minesweepers (DMS, MSC, MSC(O), MSF, deep-water fording and sealed electrical (a) Monopropellants (hydrazine, hydrazine MSO, MSI, MSB, MSA, YMS, MSL, Ub/MS). systems. nitrate, and water). (б) Patrol vessels: „ (b) Bipropellants (hydrazine, fuming Escort vessels (DE, DER, PCS, PCER, P > § 121.08 Chemical agents. nitric acid (HNOa) ). DEG). (c) Special purpose chemical base high Gunboats (PCM, P R ). (See Category XIV (a).) energy-ttquid military fuels, and oxidizers. Submarine chasers (PC, PCS, SC). A chemical agent is a substance useful Yacht (PY). in war which, by its ordinary and direct §121.10 Military explosives. (b) Auxiliary vessels and service crai . chemical action, produces a powerful (1) Advanced aviation base ship (Av )■ physiological effect. The term “chemical The term “military explosives” in­ (2) Auxiliary submarine (AG(SS)) • agents” includes but is not limited to the cludes, but is not limited to, the (3) Cable repairing or laying ship (ARM. fo llo w in g : (4) Degaussing vessel (ABG). following chemical compounds: (5) Distilling ship (AW). ft 1. Lung irritants: (a) Ammonium picrate. (6) Drone aircraft catapult control (a) Diphenylcyanoarsine (DC). (b) Black sode powder. (YV). (b) Fluorine (but not fluorene). (c) Cyclotetramethylene - tetranitramine (7) Floating dry docks, cranes, and asso­ (c) Trichloronitro methane (Chlorpicrin, (HMX). ciated workships and lighters ’ PS). (d) Cyclotrimethylene-trinitramine (RDX, AFDM, ARD, YD, YFD, YFMD, YR, YRD > 2. Vesicants: Cyclonite, Hexogen or T4). YRDM, YHL, Y SD ). (a) B Chlorvinyldichlorarsine (Lewisite, (e) Dinitronaphthalene. (8) Floating pile driver (YPD). L). (f) Ethylenedinitramine. (9) Guided-missile ship (AVM). (b) Bisdichlorethyl sulphide (Mustard gas, (g) Hexanitrodiphenylamine. (10) Harbor utility craft (YFU). HD or H ). (h) Nitroglycerin. (11) Icebreaker (AGB). »K (c) Ethyldichlorarsine (ED). (i) Nitrostarch. (12) Logistic support ships (AB. (d) Methyldichloroarsine (MD). (j) Pentaerythritol tetranitrate (penthrite, AKS, AGACE, AOG, AOR, AO(SS), AVS). 3. Lacrimators and tear gases: pentrite or PETN). (13) Miscellaneous auxiliary f (ALr> (a) Brombenzylcyanide (BBC). (k) Potassium nitrate powder. YAG). aKL, (b) Chloroacetophenone (CE). (l) Tetranitronaphthalene. (14) Miscellaneous cargo ships (AK.u. (c) Dibromodimethyl ether. (m) Trinitroanisol. AKV, AVT).

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15177

(15) Naval barges and lighters (YC, YCP, actual quantity of the element helium § 122.02 Application for registration. YCK YCV, YP, YFB, YFN, YFNS, YFNX, (i.e., 100 percent pure helium) in terms (a) Applications for registration shall be YFP YFR, YFRN, YFBT, YPT, YG, YGN, YO, of cubic feet present in a mixture of submitted to the Secretary of State on form YOG, YOGN, YON, YOS, YSR, YTT, YW, helium and other gases. Purity deter­ DSP-9 and shall be accompanied by a regis­ YWN). mination shall be made by usually tration fee in the form of money order or (16) Net laying and tending ships (AKN, check payable to the Department of State. AN.YNG). ! . recognized methods. (17) Oceanographic research ship (AGOR). (b) Registration may be effected for peri­ § 121.15 Forgings, castings, and ma­ ods of 1 or 2 years upon payment of a fee of (18) Patrol craft (PT, YP). chined bodies. $75 and $150 respectively, at the option of (19) Repair, salvage, and rescue vessels the registrant. (AR, ARB, ARG, ARL, ARS, ARSD, ARV, Items in a partially completed state, ARVA, ARVE, ASR). such as forgings, castings, extrusions, § 122.03 Refund of fee. (20) Survey ships (AGS, AGSC). and machined bodies of any of the arti­ When a 2-year registration fee is paid, a (21) Target and training submarine cles enumerated in the U.S. Munitions (SST). refund for an unused year may be granted, if (22) Tenders (AD, AGP, ARST, AS, AV, List which have reached a stage in warranted by reason of changed conditions or A VP, YDT). manufacture where they are clearly new facts developed subsequent to registra­ (23) Transports and barracks vessels (AP, identifiable as arms, ammunition, and tion. A refund for part of a year, however, APB, APC, APL, YHB, YRB, YRBM). implements of war are considered to be will not be granted. (24) Tugs (ATA, ATP, ATR, YTB, YTL, such articles for the purposes of section § 122.04 Notification of changes in in­ YTM). 414 of the Mutual Security Act, as formation furnished by registrants. (25) Dredge (YM). amended. (26) Ocean radar picket ship (AGR). Registered persons shall notify the Secre­ (27) Submersible craft (X). § 121.16 “United States.” tary of State of significant changes in the (28) Utility aircraft carrier (CVU).. information set forth in their applications (c) Coast Guard patrol and service vessels Por purposes of this subchapter the for registration, such as the establishment of and craft: term “United States,” when used in the a foreign affiliate. (1) Submarine repair and berthing barge geographical sense, includes the several (YRB). States, the insular possessions of the § 122.05 Maintenance of records by per­ (2) Labor transportation barracks ship United States, the Canal Zone, the Dis­ sons required, to register as manu­ (APL). trict of Columbia, and any territory facturers, importers or exporters of (3) Coast Guard cutter (CGC). over which the United âtates exercises U.S. Munitions List articles. (4) Gunboat (WPG). all and any powers of administration, (a) Persons required to register shall (5) Patrol Craft (WPC, WSC). maintain for a period of 6 years, subject to (6) tender (WAVP). legislation, and jurisdiction. the inspection of the Secretary of State or (7) Icebreaker (WAGB), § 121.17 Person. any person designated by him, records bear­ (8) Cargo ship (WAX). ing on U.S. Munitions List articles, including (9) Buoy tenders and boats (WAGE, WD). For the purposes of this subchapter the records concerning the acquisition and dis­ (10) Cable layer (WARC). term “Person” includes a partnership, position of such articles by the registrant. (11) Lightship (WAL). company, association, or corporation, as The Secretary may prescribe a longer or (12) Coast Guard tugs (WAT, W XT). well as a natural person. shorter period in individual cases as he deems (13) Radio ship (WAGR). necessary. (14) Special vessel (WIX) (b) Officers of the Office of Security and (15) Auxiliary vessels (WAG, WAGE). PART 122— REGISTRATION the Office of Munitions Control of the De­ (16) Other Coast Guard patrol or rescue partment of State and of the US. Customs craft (i) of over 300 horsepower when Sec. 122.01 Registration requirements. Agency Service, Bureau of Customs, Treasury equipped with a gas turbine engine or en­ Department, are hereby designated as the gines, and (ii) of over 600 horsepower when 122.02 Application for registration. 122.03 Refund of fee. representatives of the Secretary of State for equipped with an engine or engines of the the purposes of this section. internal combustion, reciprocating type. 122.04 Notification of changes in informa­ (d) Air Force craft: Air Force rescue boat. tion furnished by registrants. (e) Army vessels and craft: 122.05 Maintenance of records by persons (1) Transportation Corps tug: 100 ft. required to register as manufac­ PART 123— LICENSING CONTROLS (LT), 65 ft. (ST), T-boat, Q-boat, J-boat, turers, importers or exporters of U.S. Munitions List articles. License P rocedures E-boat. Sec. (2) Barges (BG, BC, BR, BSP, BSPI, BKI, Authority : The provisions of this Part 123.01 Application for license. BCF, BBL, BARC, BK ). 122 issued under sec. 414, as amended, 68 123.02 Export license. (3) Cranes, floating (BD). Stat. 848; 22 U.S.C. 1934; secs. 101 and 105, 123.03 Import license. (4) Drydock, floating (FDL). E. O. 10973, 26 P.R. 10469; sec. 6, Depart­ 123.04 Intransit license. (5) Repair ship, floating (FMS). mental Delegation of Authority No. 104, 26 123.05 Validity and terms of licenses. (6) Trainer, amphibious 20-ton wheeled F. R. 10608, as amended, 27 P.R. 9925, 28 123.06 License denial, revocation or suspen­ boat, inland waterway (LIT, ST1). F.R. 7231; and Redelegation of Authority No. sion. 104-3—A, 28 FJR. 7231. 8 121.13 Aircraft and related articles. 123.07 Amendments and alterations. § 122.01 Registration requirements. 123.08 Ports of exit or entry. (a) The term “aircraft” used in Cate­ 123.09 Licenses filed with collectors of cus­ gory VIII of the U.S. Munitions List (a) Persons engaged in the business, in the toms. eans aircraft designed, modified, or United States, of manufacturing, exporting, 123.10 Shipment by mail. qrnpped for military purpose as specified or importing articles enumerated in the US. 123.11 Foreign trade zones. Munitions List are required to register with 123.12 Export to warehouses or distribu­ », '■'^tegory vm, including so-called the Secretary of State. Manufacturers, tion points. aemiUtarized” aircraft. The exporta- whether or not they engage in export or im­ 123.13 Export of vessels of war. suiv a„+ *mP°rtation of such aircraft are port, are required by law to register. 123.14 Repairs or alterations of vessels and to the licensing requirements of (b) The fabrication of arms, ammunition, aircraft. ^Department of State, and implements of war for experimental or all a- ^ gardless of “demilitarization,” scientific purposes, including research and Country of D estination bearing an original military development, is not considered as manufac­ ture for the purposes of section 414 of the 123.21 Country of ultim ate destination. or ?n deluding those with cargo Mutual Security Act of 1954, as amended.1 123.22 Shipments to or from certain coun­ C-iRn “®signators such as the C-45, (c) Registration is not required of persons tries. CawF,' and C-54> are included in whose pertinent business activities are con­ 123.23 Canadian shipments. gory v m of the U.S. Munitions List. fined to the production, exportation, and im­ 123.24 U.S. possessions and the Canal Zone. portation of unclassified technical data re­ 123.25 Domestic aircraft shipments via for­ §!21.H Helium gas. lating to arms, ammunition, and implements eign ports. of war. 123.26 Import certificate/delivery verifica­ t o ^ f d “helium” shall be understood tion procedure. atmncJu c.ontained helium” at standard 1 Registration is not required 6f persons S h ipm ents by th e U nited States squarpPi eilCx pressure <14.7 pounds per whose entire export activity is subject to Government S are«inch> and 70° Fahrenheit. The license under the provisions of the Atomic contained helium” means the Energy Act of 1954, as amended. 123.40 Shipment by the U.S. Government.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15178 RULES AND REGULATIONS

Exemption for Arms and Am m unition cable to military firearms and ammuni­ of State without prior notice whenever S h ipm ents tion furnished on a grant basis to, or the Department deems such action to Sec. for which payment in full was not made be advisable in furtherance of (1) world 123.51 Obsolete small arms. by, a foreign government under the peace; (2) the security of the United 123.52 Arms and ammunition for personal Lend-Lease Act of 1941, as amended; the States; (3) the foreign policy of the use. Greek-Turkish Aid Act of 1947, as tTnited States; or (4) whenever the De­ 123.53 Arms for the personal use of mem­ amended; the China Aid Act of 1948, as partment has reason to believe section bers of the Armed Forces. 1954, 123.54 Sample shipments. amended; the Mutual Defense Assist­ 414 of the Mutual Security Act of 123.55 Minor components. ance Act of 1949, as amended; the Mutual as amended, or any regulation contained Security Act of 1951, as amended; the in this subchapter has been violated. Miscellaneous Exemptions Mutual Security Act of 1954, as amended; (b) Whenever, after appropriate con­ 123.60 Border shipm ents and shipments the Foreign Assistance Act of 1961, as sideration, a license application is de­ transiting Panama Canal. amended; or any other foreign assist­ nied, or an outstanding license is revoked, 123.61 Certain helium gas exports. ance program of the United States. suspended, or revised, the applicant or 123.62 Propellants and explosives. (c) The above restriction covers fire­licensee shall be advised promptly in 123.63 Smokeless shotgun powder. 123.64 Privately owned military aircraft on arms which are advanced in value or im­ writing of the Department’s decision, and temporary sojourn abroad. proved in condition in a foreign coun­ the reasons therefor as specifically as 123.65 Nuclear materials. try, but it does not include those which security and foreign relations considera­ have been so substantially transformed tions permit. Special Emergency P rovisions as to become, in effect, articles of foreign (c) Upon written request made within 123.70 Temporary suspension or modifica­ manufacture (see § 121.02). 30 days after receipt of an adverse de­ tion of the regulations of this sub­ . (d) A person desiring to import mili­ cision, the applicant or licensee shall chapter. tary firearms and ammunition which be accorded an opportunity to present Authority: The provisions of this Part were manufactured in the United States additional information and a full review 123 issued under sec. 414, as amended, 68 must certify that the importation of such of his case by the Department. Stat. 848; 22 U.S.C. 1934; secs, 101 and 105, firearms or ammunition is not prohibited E. O. 10973, 26 F.R. 10469; sec. 6 departmental (d) Unused, expired, suspended, or Delegation of Authority No. 104, 26 F.R. 10608, by the provision of paragraph (b) of this revoked licenses must be returned im­ as amended, 27 F.R. 9925, 28 F.R. 7231; and section, and that none of the firearms mediately to the Department of State. or ammunition being imported was fur­ Redelegation of Authority No. 104-3-A, 28 § 123.07 Amendments and alterations. F. R. 7231. nished on a grant basis to, or was ac­ quired without full payment by, a foreign No amendments or alteration of a li­ L icense P rocedures government under a foreign assistance cense may be made except by the De­ §123.01 Application for license.1 program of the United States as set forth partment of State, or by collectors of in paragraph (b) of this section. The customs or postmasters when specifically Persons who intend to export from or certification statement must be accom­ authorized to do so by the Department import into the United States any of the panied by documentary information on of State. No photographic or other copy articles enumerated in the U.S. Muni­ the original foreign source of the may be made of an original license un­ tions List shall make application to the material. less authorized by the Department of Office of Munitions Control, Depart­ State. ment of State, Washington, D.C. 20520, Note: For the purpose of this section, the term “military firearms and ammunition” § 123.08 Ports of exit or entry. on form DSP-5 in the case of exports includes all firearms and ammunition fur­ and DSP-38 in the case of imports. Ap­ nished under the foreign assistance programs Applications for license shall show the plication for intransit license shall be o f the United States as set forth in paragraph proposed port or ports of exit or entry made on form DSP-61. Application for (b) of this section. The term “payment in in the United States. If, subsequent to license to export technical data shall full” as used in paragraph (b) of this section, the issuance of a license, shipping ar­ also be made on form DSP-5 (see Part means the payment of a sale price established rangements necessitate a change in port, 125 of this chapter). by the U.S. Government as the full value of the property at the time of initial transfer. the Department of State must be notified § 123.02 Export license. by letter of the change in port. Articles on the U.S. Munitions List § 123.04 Intransit license. § 123.09 Licenses filed with collectors may not be exported from the United An intransit license must be obtained of customs. States until a license has been issued, prior to the entry of any article enumer­ (a) Prior to exportation or importa­ or unless covered by an exemption pro­ ated in the U.S. Munitions List into the tion, licenses shall be filed with the col­ vision of this subchapter. Prior to the United States for transshipment to a lector of customs at the port through issuance of an export license, the De­ third country (see also § 123.60). which the shipment is being made, ex­ partment of State may also require § 123.05 Validity and terms of licenses. cept for exports by mail (see § 123.10) • documentary information pertinent to A Shipper’s Export Declaration (U.S. De­ the proposed transaction. (a) Licenses are valid for 6 months from their issuance date unless a dif­ partment of Commerce form 7525-V) § 123.03 Import license. must also be filed with, and authenti­ ferent period of validity is stated thereon. cated by, the collector of customs before (a) Articles on the U.S. Munitions They are not transferable. the articles are exported. The collector List may not be imported into the United (b) The period of validity of licenses of customs shall endorse each license to States until a license has been issued, or may not be extended. If shipment can­ reflect shipments made. Licenses mus unless covered by an exemption provi­ not be completed during the period of be returned by the collector to the De­ sion of this subchapter. Prior to the validity of the license, another applica­ partment of State upon expiration oi issuance of an import license, the De­ tion must be submitted for license to the validity period, or upon compléta partment of State may require docu­ cover the unshipped balance. Such an of the shipment of the articles licens mentary information pertinent to the application shall make specific reference whichever first occurs. proposed transaction. to the previous license and should not (b) Collectors of Customs are author­ (b) No military firearms or ammuni­ include any materials other than the un­ shipped balance. ized to permit the exportation or imp - tion of*U.S. manufacture may be im­ tation of articles identified °n a^^s . ported for sale in the United States if (c) Upon request by the applicant, licenses for the exportation of technical license where the total value at e such articles were furnished to foreign of shipment does not exceed by governments under a U.S. foreign assist­ data as defined in § 125.01 may be issued for a validity period of 1 year. an fan M nATTiPTlf'. t/Tl£Lt St&tCO 0 ance program. This prohibition is appli- license. § 123.06 'License denial, revocation or suspension. 3.10 Shipment by mail. * The procedures governing the export of classified information or equipment are out­ (a) Licenses may be denied, revoked, ) Export licenses for U.S. lined in Part 125. suspended, or revised by the Department articles, except technical data t

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15179

§§ 125.40 and 125.41), which are being vessel or aircraft likewise requires an ex­ (2) Nuclear Weapons Design and Test transported by mail shall be filed with port license from the Department of Equipment as defined in Category XVI; the postmaster at the post office where State. (3) Naval nuclear propulsion items as defined in Category VI (e); and the articles are mailed. A Shipper’s Ex­ Country of D estination port Declaration (U.S. Department of (4) Nuclear weapons strategic delivery Commerce form 7525-V) must also be § 123.21 Country of ultimate destina­ systems and all specifically designed filed with, and authenticated by, the tion. components, parts, accessories, attach­ postmaster before the articles are ex­ (a) The country designated on an ap­ ments, and associated equipment there­ ported. The postmaster shall endorse plication for export license as the country for (see § 125.32). each license to reflect shipments made. of ultimate destination must be the (d) The following articles require a Licenses must be returned by the post­ country wherein the articles being ex­ license for import from Canada: master to the Department of State upon ported ultimately are to receive end use, (1) Firearms as defined in Category I expiration of the validity period, or upon even though incorporated through an in­ except firearms of Canadian manufac­ completion of the shipment, whichever termediate process into other end items. ture; 2 and first occurs. (b) The prior written approval of the (2) Ammunition for firearms in Cate­ (b) Licenses covering imports by mailDepartment of State must be obtained gory I (a) and (b) except ammunition of shall be filed with the collectors of cus­ before U.S. Munitions List articles pre­ Canadian manufacture. toms at the port of entry. viously exported from this country under § 123.24 U.S. possessions and the Canal §123.11 Foreign trade zones. license may be resold, diverted, trans­ Zone. ferred, transshipped, reshipped, or re­ A Foreign Trade Zone of the United Export and import licensing controls exported to, or used in any country other do not apply to shipments between the States is considered an integral part of than that described on the export license the United States for the purpose of this United States, U.S. possessions, and the as the country of ultimate destination. Canal Zone. Licenses are required, subchapter and as such, a license is not (c) The following statement shall be required for shipments between the however, for shipments between such entered on the shipper’s export declara­ areas and foreign countries. United States and a Foreign Trade Zone. tion, the bill of lading and the invoice, However, a license is required for all whenever U.S. Munitions List articles are § 123.25 Domestic aircraft shipments other shipments of U.S. Munitions List to be exported: “These commodities are via foreign ports. articles to and from such Foreign Trade licensed by the U.S. Government for ex­ A written statement must be filed by Zones. port t o ______the pilot with the collector of customs at § 123.12 Export to warehouses or dis­ (Country of ultimate destination) the port of exit for airborne shipments tribution points. Diversion contrary to U.S. law pro­ of arms, ammunition, and implements Applications for license to export U.S. hibited.” The U.S. exporter shall have of war being transported from a port in Munitions List articles to warehouses or the responsibility of entering such a the United States to another U.S. port distribution points for subsequent resale statement. This responsibility continues via a foreign country other than Canada. will be considered by the Department. even when the exporter acts through a The original of the statement shall be Licenses issued for such applications will freight forwarder or other forwarding filed \tfith the collector at the port of exit normally contain conditions for special agent. and a duplicate thereof filed with the col­ distribution controls and reporting. lector at the port of reentry, for endorse­ § 123.22 Shipments to or from certain ment by him and transmission to the § 123.13 Export o f vessels o f war. countries. collector at the port of exit. The con­ tent of the statement shall be as follows: (a) The transfer of a vessel of war as The policy of the Department of State is to deny license applications for U.S. S t a t e m e n t defined by § 121.12 of this subchapter Munitions List Articles destined for or from United States to foreign registry is originating in Albania, Bulgaria, Com­ DOMESTIC SHIPMENTS VIA FOREIGN PORTS OF considered an exportation for which an munist China, Cuba, Czechoslovakia, ARTICLES ON U.S. MUNITIONS LIST approval or license from the Department East Germany, Estonia, Hungary, Latvia, The undersigned certifies that the arti­ of State is required. If the vessel to be Lithuania, North Korea, Outer Mon­ cles listed below are being shipped from exported is physically located in the ______v ia ------United States, an export license must be golia, Poland, Rumania, Union of Soviet (U.S. port of exit) (Foreign port) obtained. If the vessel is located abroad, Socialist Republics, any of the area of and that the final destination i s ______the Department’s written approval in the Viet-Nam which is under de facto Com­ form of a letter must be obtained prior to munist control, or any other area which (U.S. port of entry) is from time to time determined by the Amount Description of article Value its transfer of registry. Department of State to be under Commu­ (b) The registration under a foreign nist control. The exemptions provided nag of an undocumented vessel of war by this part do not apply to shipments located in the United States is considered destined for or originating in any of the S ig n ed :______an exportation for which a license is re­ foregoing countries or areas. Endorsement: Customs Inspector. quired from the Department of State. Port of exit ______D a te :______§ 123.23 Canadian shipments. Endorsement: Customs Inspector. Note: Such transactions also require the Port of entry ______D a te :______Pror approval of the Maritime Administra­ Collectors of custom may release ship­ tion (see 46 U.S.C. 808 and 835). ments of arms, ammunition, and imple­ § 123.26 Import certificate/delivery verification procedure.' § 123.14 Repairs or alterations of ments of war which do not bear a military sels and aircraft. security classification to or from Canada (IC/DV) General. The United States without a license with the following and a number of foreign countries have Persons effecting repairs or alterations exceptions : agreed on a procedure designed to assure 5 i9iio*Sn vessels °f war as defined in (a) Intransit shipments through the that certain articles imported into their in si o ’ an? ^oreisn aircraft as defined United States to or from Canada or in­ territories will not be diverted, trans­ United States shall ob- transit shipments through Canada to or shipped, or reexported to another desti­ m n an export license for articles enu- from the United States. nation except in accordance with export rated in the U.S. Munitions List which (b) No military firearms or ammuni­ control regulations of the importing n . re^uired in connection with such re- tion of U.S. manufacture may be im­ ve«i°r alterations. The entry of such a ported for sale in the United States 2 The exemption from import licensing re­ quirements for Canadian manufactured Cate­ fnfS °r aircraft ihto the United States except in compliance with § 123.03. gory I firearms does not apply to firearms is o ne.PurP°se of repairs or alterations (c) The following articles require a which include any of the following major an w direa an importation for which license for export to Canada: components of non-Canadian manufacture: of license from the Department (i) Helium gas as defined in Category Barrels, cylinders, receivers (frames), or com­ otate is required. The exit of such a XV; plete breech mechanisms.

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2. 1966 15180 RULES AND REGULATIONS

country. The procedure covered by such on the “Import Certificate.” This sym­ or with his baggage or effects, whether agreement is known as the Import Cer­ bol is usually placed on the “Import Cer­ accompanied or unaccompanied, and are tificate /Delivery Verification Procedure tificate” when the applicant for the “Im­ intended exclusively for his personal use (IC/DV) and may be invoked with re­ port Certificate” (the importer) has for sporting or scientific purposes or for spect to articles on the U.S. Munitions stated either (1) he is uncertain whether personal protection and not for resale. List. the items covered by the “Import Cer­ This exemption shall extend to not more (a) Exports. As a supplement to nor­ tificate” will be imported into the coun­ than three tear gas guns or other type mal control procedures, the Department try issuing the “Import Certificate;” (2) hand dispensers and not more than 100 may utilize the IC/DV procedure on pro­ that he knows that the items will not be gas cartridges therefor. The foregoing posed exports of Munitions List articles imported into the country issuing the exemption is not applicable to crewmem­ to nongovernment entities in the follow­ “Import Certificate;” or (3) that, if the bers of vessels or aircraft. ing countries: Austria, Belgium, Den­ items are to be imported into the coun­ (b) Subject to the provisions of mark, Prance, Federal Republic of try issuing the “Import Certificate,” they §§ 123.22 and 123.23, collectors of cus­ Germany, Greece, Hong Kong, Italy, will subsequently be reexported to an­ toms are authorized to permit the ex­ Japan, Luxembourg, the Netherlands, other destination. Consequently, it is portation, without a license, of ammuni­ Norway, Portugal, Turkey, and the possible that the ultimate consignee and tion for firearms, provided the quantity United Kingdom. In each case in the country of ultimate destination will does not exceed 1,000 rounds in any ship­ which the Department invokes the not coincide with that of the importer. ment and the ammunitions is for the per­ IC/DV procedure, U.S. exporters will All parties, including the ultimate con­ sonal use of the consignee and not for be required to submit, in addition to signee in the true country of ultimate resale. A license is required, however, an export license application (a com­ destination will be shown on the com­ for exportation to Bahrein, Kuwait, pleted form DSP-5), the original Im­ pleted form DSP-53. When a U.S. im­ Qatar, the Trucial States, Muscat, port Certificate authenticated by the porter is a principal to a triangular Oman, and the Republic of South Africa. government of the importing country. transaction involving articles on the U.S. This document will serve as evidence that Munitions List, he may receive a tri­ § 123.53 Arms for the personal use of the foreign importer has complied with angular symbol on the completed form members o f the Armed Forees. the import regulations of the government DSP-53. (a) Collectors of customs are author­ of the importing country and that he has ized to permit members of the U.S. declared his intentions not to divert, S h ipm ents by the U.S. G overnment Armed Forces or U.S. civilian personnel transship or reexport the material de­ § 123.40 Shipment by the U.S. Govern­ employed by those forces to ship or bring scribed therein without prior approval ment. into the United States, without license, of that government. After delivery of The exportation or importation of nonautomatic firearms and ammunition the articles to the foreign consignee, the arms, ammunition, and implements of therefor, upon presentation of written Department may also require U.S. ex­ war by the U.S. Government is not sub­ authorization from their commanding porters to furnish documentation (De­ ject to the provisions of section 414 of officer, which authorization shall include livery Verification) from the government the Mutual Security Act of 1954, as a certification that such firearms are of the importing country attesting to the amended. A license to import and ex­ bona fide war trophies or war souvenirs. delivery in accordance with the terms of port such articles is not required, there­ (b) Collectors of customs are author­ the approved export license. Both the fore, when all aspects of the transaction ized to permit Category 1(a) firearms Import Certificate and the Delivery Ver­ are handled by a U.S. Government agen­ and parts for such weapons to leave the ification will be obtained and furnished cy. A license is required, however, when United States without a license, provided to the U.S. exporter by the foreign a private individual or firm or forward­ they are consigned to servicemen’s clubs importer. ing agent is involved in any aspect of overseas or to individual members of the (b) Imports. Participating foreign the transaction unless the consignor, Armed Forces of the United States, and governments may also invoke the IC/DV consignee, and intermediate consignee (if are accompanied by a written authoriza­ procedure on Munitions List articles im­ any) are agencies of the U.S. Govern­ tion from the commanding officer. ported into the United States. In each ment and the exportation or importation § 123.54 Sample shipments. case in which a foreign government in­ is covered by a U.S. Government Bill of Collectors of customs are authorized to vokes the IC/DV procedure, the Depart­ Lading. This section does not authorize ment will certify for the U.S. importer a permit up to an inclusive total of three any government agency to export or im­ rifles, carbines (excluding automatic and “Declaration of Destination on Foreign port any items listed in § 121.01 which Exports of Munitions List Items” (com­ semiautomatic models), revolvers and are subject to restrictions by reason of pistols to be exported or imported with­ pleted form DSP-53). Normally, the other statutory provisions. U.S. importer will submit this form to out a license, providing the articles being the Department at the time he applies E xem ptions for A rms and A m m unitio n shipped are not for sale -and will be re­ for an import license. This document S hipm ents turned to the same exporter or importer. Collectors of customs may also permit (the Department’s equivalent of the § 123.51 Obsolete small arms. the. exportation and importation of such “Import Certificate” cited above), will Subject to the provisions of §123.03 sample weapons, without a license, when serve as evidence to the government of (b), collectors of customs are authorized they are being returned to their owner. the exporting country that the U.S. im­ to permit the importation or exporta­ porter has complied with import regula­ tion, without a license, of firearms cov­ § 123.55 Minor components. tions of the U.S. Government and is pro­ ered by Category 1(a) of the U;S. Muni­ Collectors of Customs are authorized hibited from diverting, transshipping, or tions List, which were manufactured to permit the importation or exportation reexporting the material described there­ prior to 1898, on presentation of satis­ without- a license of shipments of com­ in without the approval of the U.S. Gov­ factory evidence of age. ponents and parts for Category I (a) nre- ernment. Foreign governments may also arms, except barrels, cylinders, receivers require documentation attesting to the § 123.52 Arms and ammunition for per­ (frames) or complete breech mechan­ delivery of the material into the United sonal use. isms, when the total value does not ex­ States. When such delivery certification (a) Subject to the provisions of ceed $100 in any single transaction. is requested by a foreign government, the §§ 123.22 and 123.23, Collectors of Cus­ Miscellaneous E x e m p t io n s U.S. importer may obtain directly from toms are authorized to permit, after the U.S. collector of customs the authen­ declaration by the individual and inspec­ § 123.60 Border shipments and ship­ ticated Delivery Verification (form FC- tion by a customs officer, not more than ments transiting Panama Canal. 908/DSP—68) for this purpose. three nonautomatic firearms and not Shipments originating in C anada or (c) Triangular transaction. When a more than 1,000 cartridges therefor, to Mexico which incidentally transit transaction involves three or more coun­ enter the United States or depart there­ United States en route to a delivery po tries, internationally participating gov­ from without a license, when these fire­ in the country of origin are exempt i ernments may stamp a triangular symbol arms are on the person of an individual the requirement of an intransit lice

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15181

Vessels transiting the Panama Canal and departure differ, the customs officer persons, or entities, private or govern­ without off-loading cargo are exempt shall forward the surrendered certificate, mental, for the manufacture abroad of from the requirement of an intransit properly endorsed, to the customs au­ articles designated as arms, ammunition, license. thorities at the original port of depar­ and implements of war, are required to ture. The completed certificate must be be submitted to the Department of State § 123.61 Certain helium gas exports. returned to the Department. before the effective date of the agree­ Subject to the provisions of § 123.22, (e) The Department may permit a ment for approval from the standpoint of collectors of customs are authorized to privately owned military aircraft to U.S. foreign policy and military security. permit the exportation or importation, make a series of flights to and from the without a license, of miniature cylinders United States under a certificate of tem­ § 124.02 Technical assistance agree­ containing helium gas in fractional cubic porary sojourn not to exceed 6 months’ ments.1 foot quantities mixed with other gases, duration. Pull details of the proposed Agreements entered into between per­ provided that the gas is intended for flights must be given. sons or companies in the United States medical use and shipment does not ex­ (f) The dates of actual departure and and foreign persons or entities, private ceed 10 cubic feet of “contained helium” entry shall be noted on the reverse side or governmental, for the furnishing of to any consignee. of the certificate and endorsed by appro­ technical assistance and technical infor­ § 123.62 Propellants and explosives. priate customs officials. No action is to mation relating to articles designated as be taken on the copy of the certificate arms, ammunition, and implements of Subject to the provisions of § 123.22, which is returned to the original port of war are required to be submitted to the collectors of customs are authorized to exit until the pilot’s copy of the certifi­ Department of State before the effective permit the exportation, without a license, cate is taken up by the customs officer date of the agreement for approval from of propellants and explosives for non­ upon his last entry into the United States the standpoint of U.S. foreign policy and explosive uses such as medical uses and prior to the expiration of the author­ military security. laboratory tests. Such shipments must ized period. be clearly marked as to content, include (g) Requests for extension of a certifi­ § 124.03 Exportation of technical data no materials classified from a military cate of temporary sojourn must be sub­ in furtherance of an agreement. security point of view, and weigh no more mitted to the Department of State on a (a) Collectors of Customs or postal than 25 pounds. new application form (DSP-73) reflect­ authorities may permit the exportation § 123.63 Smokeless shotgun powder. ing the original port of departure. without a license of unclassified techni­ § 123.65 Nuclear materials. cal data in furtherance of a manufac­ Collectors of customs are authorized turing license or technical assistance to permit the importation of smokeless To the extent that articles or technical data, the export of which is controlled by agreement covering U.S. Munitions List shotgun powder without a license (see items which has been approved in writ­ Category V of the U.S. Munitions List). the Atomic Energy Commission under the Atomic Energy Act of 1954, as ing by the Department of State unless § 123.64 Privately owned military air­ amended, are coextensive-with articles the data exceeds the technical and/or craft on temporary sojourn abroad. or technical data in Category VI(e), product limitations approved in the Category XVI, and Category XVIII, this agreement. The U.S. principal to the (a) A certificate of temporary sojourn subchapter shall not apply. agreement shall be responsible for cer­ may be issued by the Department in ap­ tifying that the exempted data is within propriate instances in lieu of an export Special E mergency P rovisions the limitations of this paragraph, and for license to authorize the departure of § 123.70 Temporary suspension or mod­ seeking Department of State approval for privately owned military aircraft from ification of the regulations of this the exportation of any data which ex­ the United States for a temporary so­ subchapter. ceeds such limitations. journ abroad not to exceed 6 months’ The Director, Office of Munitions Con­ (b) The exportation of classified in­ duration. The Department may require trol, Department of State, is authorized formation in furtherance of an approved documentary evidence pertinent to the to order the temporary suspension or manufacturing license or technical as­ aircraft or proposed sojourn before is­ modification of any or all of the regula­ sistance agreement which provides for suance of a certificate of temporary sojourn. tions of this subchapter in the interest of the conveyance of classified information furthering the objectives of world peace does not require further Department of (b) Private owners of military aircraft and the security and foreign policy of to be flown or shipped from the United the United States. State approval provided: States under the provisions of paragraph (1) The U.S. principal certifies to the la) of this section shall complete and Department of Defense transmittal au­ submit a request for a cértìficate of tem­ PART 124— LICENSE AND TECHNICAL porary sojourn, form DSP-73, in tripli­ ASSISTANCE AGREEMENTS thority that the data does not exceed cate to the Department for its approval. Sec. the technical and/or product limitations 124.01 Manufacturing license agreements. in the agreement approved by the De­ (c) An original and duplicate copy of 124.02 Technical assistance agreements. certificate of temporary sojourn is­ 124.03 Exportation of technical data in fur­ partment of State, and sued by the Department must be pre- therance of an agreement. (2) The U.S. principal meets require­ «ited to the collector of customs at the 124.04 Required information in agreements. Port of departure. The certificate is for ments of the Department of Defense In­ Authority : The provisions of this Part 124 dustrial Security Manual relating to the aaorsement hy the collector provided he issued under sec. 414, as amended, 68 Stat. »ril/f no d iscrep an cy in th e s ta te m e n ts 848, 22 U.S.C. 1934; secs. 101 and 105, E.O. transmission of such classified informa­ ^ nu ere^n‘ The endorsed certificate 10973, 26 F.R. 10469; sec. 6, Departmental tion and any other requirements of cog­ ftn+u e ie tu m e d to th e p ilo t a n d c a rrie d Delegation of Authority No. 104, 26 P.R. nizant U.S. departments or agencies. mis,? aircraft as evidence that the re- 10608, as amended, 27 F.R. 9925, 28 F.R. 7231; and Redelegation of Authority No. 104-3-A, § 124.04 Required information in agree­ thiw» ^ rmissi°n has been granted and. e duplicate retained by the collector for 7231. ments. t «*ords pending the completion of the § 124.01 Manufacturing license agree­ (à) Manufacturing license or techni­ temporary sojourn. The pilot or op- ments.1 cal assistance agreements should define Unif h LI re<3hired to depart from the Agreements between persons, or com­ J ’iates at an airport where a cus- panies in the United States and foreign in precise terms the following : dnr

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 RULES AND REGULATIONS 15183

can personnel, or In connection with (1) Sold at newsstands and bookstores; (11) If it is being exported solely for visits to the United States by foreign (ii) Available by subscription or pur­ the use of American citizen employees personnel. (See § 125.30.) chase without restrictions to any person of U.S. firms provided the U.S. firm cer­ or available without cost to any person; tifies its overseas employee as a qualified § 125.12 Exportation of classified in­ (Ui) Granted second class mailing recipient.® formation. privileges by the U.S. Government; (b) Plant Visits.7 (a) Any request for authority to ex­ (iv) Freefy available at public li­ (1) No license is required for the re­ port classified information by other than braries* lease of unclassified technical data in the the cognizant department or agency of (2) If it has been approved for public course of plant visits by foreign nationals the U.S. Government must first be sub­ release by any department or agency hav­ provided; mitted to the Department of State for ing authority for the classification of in­ (1) The data is directly concerned with approval.* In the event classified infor­ formation or material under Executive the subject matter of a classified plant mation is involved in a proposed ex­ Order 10501, as amended, and has in fact visit approved by the Department of De­ portation, a letter must be submitted to been publicly disseminated or presented fense or other cognizant department or the Department of State setting forth at a symposium authorized for attend­ agency; the full details of the proposed trans­ ance by the public. (ii) The data is to be disclosed by oral action, accompanied by five (5) copies of (3) If the exportation is in further­ or visual means during, and is directly any documentary information. The let­ ance of an approved manufacturing li­ concerned with the subject matter of, an ter to the Départaient of State should cense or technical assistance agreement unclassified plant visit arranged under indicate: in accordance with § 124.03(a). U.S. Government auspices; or (1) The highest degree of security (4) If it is being exported in further­ (iii) The documentary data is a ver­ classification of the equipment or in­ ance of a contract with an agency of the batim presentation of the oral and visual formation involved; U.S. Government or a contract between data disclosed under (ii) of this subpara­ (2) the cognizant project or contract­ an agency of the U.S. Government and graph. ing agency; and a foreign manufacturer or other foreign (2) The arrangement of an unclassi­ (3) if the equipment or information entity, provided the contract calls for fied plant visit or the approval of a classi­ was not directly contracted for, whether transmission of relevant technical data. fied plant visit by the Department of it was derived from U.S. Government (5) If it relates to firearms not in ex­ Defense or other cognizant department sources, project development, bid re­ cess of caliber .50 and ammunition for or agency shall include appropriate De­ quirements, or contractual arrangements. such weapons, except unclassified tech­ partment of State approval for the re­ (b) Classified information, as defined nical data containing advanced designs, lease of any technical data beyond that in § 125.03, which is approved for export processes, and manufacturing tech­ exempted by (1) above which is to be by the Department of State, may only niques. disclosed to foreign nationals. (See be transferred or communicated in ac­ (6) If it consists of technical data, §§ 125.40 and 125.42.) cordance with the requirements of the other than design, development, or pro­ § 125.31 Importation of technical data. Department of Defense Industrial Secu­ duction information, relating to equip­ rity Manual relating to the transmission ment, the exportation of which has been A license is not required for the im­ of such information and any other re­ previously authorized to the same portation of technical data. quirements of cognizant U.S. depart­ destination.5 ments or agencies. (7) If it consists of operations, main­ § 125.32 Canadian shipments. (c) The approval of the Department tenance, and training manuals, and aids, Collectors of customs or postal au­ of State is required for the exportation relating to equipment, the exportation of thorities may permit unclassified tech­ of classified information to be disclosed which has been authorized to the same nical data to be exported to Canada with­ to foreign nationals either in connection destination.4 out presentation of an export license, with visits to foreign countries by (8) If it consists of additional copies except such technical data as relates to American personnel, or in connection of technical data previously approved the items enumerated in § 123.23 (c) (2), with visits to the United States by for exportation to the same destination. (3),and (4). foreign personnel. (See § 125.30 (b) (2).) (9) If it consists solely of technical data being retransmitted to destinations M ailing and S h ippin g P rocedures § 125.20 Government agency shipments. from which it was originally imported. (10) If it is being exported in direct § 125.40 Certification requirements. The exportation of technical data by support of, and within the technical and/ If the exporter wishes to claim the the U.S. Government is not subject to or product limitations of, a “U.S. Govern­ benefit of an exemption from the re­ the provisions of section 414 of the Mu­ ment approved project” and the exporter quirement of an individual license in ac­ tual Security Act of 1954, as amended. so certifies. The Office of Munitions cordance With the provisions of § 125.30, A license to export technical data is not Control will verify, upon request, those he is required to certify that the pro­ required, therefore, when all aspects of projects which are “U.S. Government ap­ posed exportation is covered by one of the transaction are handled by a U.S. proved” and accord an exemption where the provisions of that section. He shall government agency. This exemption appropriate under this subparagraph.5 so certify by marking the package or has no application to the situation where letter “22 CFR 125.30 * * * applica­ « Government agency on behalf of 3 The burden for obtaining appropriate U.S.ble,” identifying the specific subsection or » Pnvate individual or firm, acts as a Government approval for the publication of subsections under which the exemption “hhsmittal agent either as a conven- technical data falling within the definition in is claimed. hce, or in satisfaction of security § 125.01, including such data as is developed requirements. under other than U.S. Government contract, is on the person or company seeking * Classified information may also be ex­ Technical D ata E xem ptions publication. ported to such certified American citizen *;Not applicable to technical data relating employees without prior Office of Munitions § 125.30 General exemptions. to Category VI(e) and Category XVI. Control approval provided the U.S. principal 6 Classified information may also be trans­ meets the requirements of the Department $£g Collectors of Customs or postal mitted in direct support of and within the of Defense Industrial Security Manual relat­ _ orities may permit the exportation technical and/or product limitations of such ing to the transmission of such classified out a license of unclassified technical verified “U.S. Government approved projects” information and any other requirements of aata as follows: without prior Office of M unitions Control cognizant U.S. departments or agencies. approval provided the U.S. principal so certi­ Such technical data or information (classi­ sub^ ^ *s *n Published form and fies and meets the requirements of the De­ fied or unclassified) shall not be released by lect to public dissemination by being: partment of Defense Industrial Security oral, visual, or documentary means to any Manual relating to the transmission of such foreign national or foreign entity. classified information and any other require­ 1 Nationals of the countries or areas enu­ planTvisits^6761* 5 125,30

FEDERAL REGISTER, VOL. 31, NO. 233— FRIDAY, DECEMBER 2, 1966 15184 RULES AND REGULATIONS

§ 125.41 Clearance of exports. ment, misrepresentation or concealment plements of war, the collector may re­ Licenses covering nonexempt techni­ of material fact in such a document shall quire, in addition to such documents as cal data exports must be presented to the be considered, as made in a matter with­ may be required by customs regulations, appropriate collector of customs or postal in the jurisdiction of a department or the production of other relevant docu­ authority when shipment is made. agency of the United States, in violation ments and information relating to the of section 1001 of Title 18, United States proposed exportation or importation, in­ § 125.42 Sino-Soviet bloc destinations. Code and section 414 of the Mutual Se­ cluding, but not limited to, invoices, The policy of. the Department of State curity Act of 1954, as amended (22 U.S.C. orders, packing lists, shipping documents, is to deny export license applications for 1934). correspondence, and instructions. technical data destined for Albania, Bul­ (b) For the purpose of this section, the § 126.05 Seizure. garia, Communist China, Cuba, Czecho­ term export or import control document slovakia, East Germany, Estonia, Hun­ shall include the following when used for Whenever an attempt is m ade to im­ gary, Latvia, Lithuania, North Korea, the purpose of exportation or importa­ port, or bring into the United States, or Outer Mongolia, Poland, Rumania, tion, or attempted importation or ex­ to export, or ship from or take out of the Union of Soviet Socialist Republics, any portation of U.S. Munitions List articles : United States, any arms, ammunition, of the area of Viet-Nam which is under (1) Applications for import, export, implements of war, and tech n ical data de facto Communist control, or any or intransit, license and supporting relating thereto in violation of law, the ! other area which is from time to time documents. several collectors of customs, o r officials ; determined by the Department of State (2) Shipper’s export declarations. of such other United States agencies as to be under Communist control. The ex­ (3) Invoices. may be authorized to perform law en-j emptions provided by this part, except (4) Declarations of destination. forcement functions, may seize and de­ by § 125.30(a) (1) and (2), do not apply (5) Delivery verifications. tain any such arms, ammunition, and ; to the foregoing destinations. (6) Applications for certificate of tem­ implements of war, and the vessel, ve­ porary sojourn. hicle or aircraft containing th e same, and j retain possession thereof u n til released PART 126—-VIOLATIONS AND (7) Applications for registration. (8) Purchase orders. or disposed of as directed by law. PENALTIES Sec. (9) Foreign import certificates. 126.01 Violations in general. (10) Bills-of-lading. PART 127— ADMINISTRATIVE 126.02 Misrepresentation and concealment (11) Air way bills. PROCEDURES of facta. § 126.03 Penalties for violations. 126.03 Penalties for violations. § 127.01 Exclusion of functions under 126.04 Authority of collectors of customs. Any person who willfully violates any section 414 of the Mutual Security 126.06 Seizure. provision of section 414 of the Mutual Act of 1954, as amended. Authority : The provisions of this Part 126 Security Act of 1954, as amended (22 The functions conferred by section 414 issued under sec. 414, as amended, 68 Stat. U.S.C. 1934), or any rule or regulation of the Mutual Security Act of 1954, as 848; 22 U.S.C. 1934; 6ecs. 101 and 105, E.O. issued under that section, or who will­ amended, are excluded from the opera­ 10973, 26 F.B. 10469; sec. 6, Departmental fully, in a registration or license appli­ tion of the Administrative Procedures Delegation of Authority No. 104, 26 P.R. 10608, as amended, 27 F.R. 9925, 28 F.R. 7231; cation, makes any untrue statement of a Act (60 Stat. 237), as contemplated by and Redelegation of Authority No, 104-3-A, material fact or omits to state a mate­ sections 1003 and 1004 thereof. 28 F.R. 7231. rial fact required to be stated therein (Sec. 414, as amended, 68 Stat. 848; 22 U.S.C. or necessary to make the statements 1934; secs. 101 and 105, E.O. 10973, 26 F.R. § 126.01 Violations in general. therein not misleading, shall, upon con­ 10469; sec. 6, Departmental Delegation of It shall be unlawful for any person to viction, be fined not more than $25,000, Authority No. 104, 26 F.R. 10608, as amended, export or attempt to export from the or imprisoned not more than 2 years, or 27 F.R. 9925, 28 F.R. 7231; and Redelegation United States any of those articles des­ both. of Authority No. 104r-3-A; 28 FJR. 7231) ignated by the U.S. Munitions List or to Note; The recordkeeping and reporting import or attempt to import such articles § 126.04 Authority of collectors of cus­ requirements contained herein have been into the United States without first toms. approved by the Bureau of the Budget in ac­ having obtained a license therefor, un­ (a) Collectors of customs are au­ cordance with the Federal Reports Act of less written approval was obtained from thorized to take appropriate action to 1942. the Department of State or an exemp­ insure observance of this subchapter as The provisions of section 4 of the Ad­ tion from this requirement is authorized to the importation or exportation, or the ministrative Procedure Act (60 Stat. 283; by this subchapter. attempted importation or exportation, of 5 U.S.C. 1003) relative to notice of pro­ posed rule making are inapplicable to § 126.02 Misrepresentation and conceal­ arms, ammunition, and implements of this order because the regulations con­ ment of facts. war, whether or not authorized by li­ censes or written approval issued under tained therein involve foreign affairs; (a) It shall be unlawful willfully to this subchapter, including, but not lim­ functions of the United States. use, or attempt to use, for the purpose of ited to, inspection of loading or unload­ Dated: November 28, 1966. exportation or importation of U.S. Muni­ ing of carriers. tions List articles, any export or Import (b) Upon the presentation of a license Dean R usk, control document which contains a false or written approval to a collector of cus­ Secretary of State. 1 statement or misrepresents or conceals toms, authorizing the exportation or im­ [F.R, Doc. 66-12981; Hied, Dec. 1, 1966: a material fact. Any such false state­ portation of arms, ammunition, and im­ 8:46 am .]

FEDERAL REGISTER, V O L 31, NO. 233— FRIDAY, DECEMBER 2, 1966