FEDERAL REGISTER VOLUME 30 • NUMBER 87 Thursday, May 6,1965 ' • Washington, D.C. Pages 6325-6376
Agencies in this issue— Agricultural Stabilization and Conservation Service Air Force Department Alien Property Office Army Department Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Delaware River Basin Commission Federal Aviation Agency Federal Communications Commission . Federal Maritime Commission FederalPower Commission Federal Reserve System Fiscal Service Fish and Wildlife Service Food and Drug Administration Forest Service Interior Department Internal Revenue Service interstate Commerce Commission Land Management Bureau Securities and Exchange Commission Detailed list of Contents appears inside. Just Released
CODE OF FEDERAL REGULATIONS
(As of January 1, 1965)
Title26—Internal Revenue (Part 1, § 1.861-End, to Part 19) $1.50 (Pocket Supplement)
Title 26—Internal Revenue (Parts 30-39) _ _ $0.50 (Pocket Supplement)
Title 35—Panama Canal _ _ $0.40 (Pocket Supplement)
Title 49—Transportation (Parts 0-70) _ — $0.40 > (Pocket Supplement)
A cumulative checklist of CFR issuances for 1965 appears in the first issue of each month under Title 1.
Order from Superintendent of Documents, United-States Government Printing Office, Washington, D.G. 20402 f
XPublished VUW6 daily,Jf-9 “ Tuesday UvwVlUJf ViUV/UgU through K/UIVMAMwJ Saturday yuv (no publication on Suhdwygr ^ , i y M^pal on the day after an official Federal holiday), by the Office of the Federal Reg s > ^ ^ 1 FEDEMLM®ISTER Archives and Records Service, General Services Administration (mail ada,„ine£j m tbe Area Code 202 Phone 963-3261 Archives Building, Washington, D.C. 20408), pursuant to the authority con Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch.U 8B),iB ), underunaer regulations regumwui«, prescribed aiinerinteE^ ™ tendent istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the supe of Documents, Government Printing Office, Washington, D.C. 20402. . pay»*"- T he F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per y > or money advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. „ titles, Pur' The regulatory material appearing herein is keyed to the Code op F ederal R egulations, w hich is published, unde1Derintendent of suant to section 11 of the Federal Register Act, as amended. The Code op F ederal R egulations is sold by the o P Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. regclaTI0I,s' There are no restrictions on the republication of material appearing in the F ederal R egister or th e Code of Fede Contents
Pears, fresh Bartlett, grown in FISH AND WILDLIFE SERVICE AGRICULTURAL STABILIZATION Oregon and Washington; hear AND CONSERVATION ing- ______6355 Rules and Regulations SERVICE Wool and wool top standards------6350 Sport fishing; Elizabeth Alexan dra Morton National Wildlife Rules and Regulations DEFENSE DEPARTMENT Refuge______si 6344 Beet sugar areas; 1963 crop— — 6338 See Air Force Department; Army Department. FOOD AND DRUG AGRICULTURE DEPARTMENT ADMINISTRATION See Agricultural Stabilization and DELAWARE RIVER BASIN Rules and Regulations Conservation Service; Com COMMISSION modity Credit Corporation; Food additives : Notices Adhesives______,_____ 6339 Consumer and Marketing Serv Emulsifiers and/or surface- ice; Forest Service. Marsh Creek Reservoir and West Chester water supply; hearing— 6365 active agents. ______!__ 6339 AIR FORCE DEPARTMENT FEDERAL AVIATION AGENCY FOREST SERVICE Rules and Regulations Rules and Regulations Rules and Regulations Medical care, persons authorized;- Standard instrument approach Administration; miscellaneous miscellaneous amendments___ 6343 procedures; amendments_____ 6329 amendments______6345 ALIEN PROPERTY OFFICE FEDERAL COMMUNICATIONS HEALTH, EDUCATION, AND Notices COMMISSION WELFARE DEPARTMENT Intention to return vested prop Notices See Food and Drug Administra erty: tion. Keller, Irene Doris______6361 KUNO Radio, Inc. (KUNO); ap plication designated for hear INTERIOR DEPARTMENT Schauer, Rosei, et al______6361 ing____.______- 6365 See also Land Management Bu ARMY DEPARTMENT FEDERAL MARITIME reau. Rules and Regulations COMMISSION Notices Litigations; general and defense Director, Geological Survey; dele Notices gation of authority ------6363 of legal proceedings______6341 Australia, New Zealand and South Sea Islands Pacific Coast INTERNAL REVENUE SERVICE CIVIL AERONAUTICS BOARD Conference; agreement filed for Rules and Regulations Notices approval______.______.____ 6366 Italy, France, Spain and Portu- Income tax; treatment of certain Hearings, etc.: gal/North Pacific Freight Pool amounts paid by U.S. to non International Air Transport and Mediterranean/North Pa resident aliens______6340 Assn. (2 documents)______6363 cific Coast Freight Conference; Proposed Rule Making Trans World Airlines, Inc_i__ 6364 supplemental order of investiga tion______6366 Income tax; treatment of per- unit retain certificates______6349 CIVIL SERVICE COMMISSION FEDERAL POWER COMMISSION Rules and Regulations INTERSTATE COMMERCE Entire executive civil service; Notices COMMISSION - excePted service______6337 Hearings, etc.: Postmaster positions; recruitment Colorado Interstate Gas Co__ 6367 Notices and selection through competi Forest Oil Corp______— 6367 Motor carrier alternate route de tive examination______0337 J. C. Trahan, Drilling Contrac viation notices.______6369 tor, Inc____ r r ______6368 Motor carrier applications and Tennessee Gas Transmission certain other proceedings____ 6373 COMMODITY CREDIT Co______6367 CORPORATION JUSTICE DEPARTMENT Rules and Regulations FEDERAL RESERVE SYSTEM See Alien Property Office. Texas flaxseed; 1965 purchase Rules and Regulations v Program__ ------6338 Termination of designation as re LAND MANAGEMENT BUREAU serve city of Toledo, Ohio__ _ 6339 Notices C? i!SUMER AND MARKETING Notices Proposed withdrawal and reserva SERVICE BancOhio Corp.; application for tion of lands, terminations acquisition of bank shares.___ 6368 and filing of surveys: Rules and Regulations Wachovia Bank and Trust Co.; Colorado (2 documents) __ 6361, 6362 approval of banks merger— _ 6368 Florida_____ 6361 iand s sr-of vV jley’ X ? Texas;T? Lower expenses - Ri° Idaho------_------— _i. 6362 and rate of assessment_____ 6338 FISCAL SERVICE M ontana..._— ------6362 Proposed Rule Making Nevada_____,___—_------6362 Notices Oregon— -----,------6362 P‘ Svante Act; mar- Commissioner of Accounts; order South Dakota..____ 6363 g ncy and dealer bonds__ 6360 of succession to office—______6361 ( Continued on next page) 6327 6328 CONTENTS
SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.: Dow Theory Investment Fund, Inc_____ 6368 General Public Utilities Corp_ 6369 Maser-Optics, Inc______6369 TREASURY DEPARTMENT See Fiscal Service; Internal Rev enue Service.
List of CFR Parts Affected
(Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.
5 CFR 12 CFR 26 CFR 213___ «337 204. 6339 1------______6340 332___ 6337 P roposed R u l e s : 14 CFR 1 ______6349 7 CFR 97 . 6329 3 2 CpR 842______6338 965______T..« 6338 21 CFR 516______6341 1421______6338 121 (2 documents) 6339 815------6343 P roposed R u l e s : 882______6343 31___■______6350 Çh. IX______6355 36 CFR 211______6345 9 CFR P roposed R u l e s : 50 CFR 201______6360 33______,____ 6344 Rules and Regulations
Title 14— AERONAUTICS AND SPACE Chapter I— Federal Aviation Agency
SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 6588; Arndt. 425] 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: L FR Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudesjare 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. , D 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 mi approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimums
2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots
T-dn-10...... 300-1 300-4 20044 T-dn-28...... 500-1 500-1 500-1J4 C -dn...... 600-1 600-1 600-1J4 S-dn______NA NA NA A -dn______900-2 900-2 900-2
Procedure turn S side SE crs, 120° Outbnd, 300° Inbnd, 2500' within 15 miles. Minimum altitude over facility on final approach crs, 700'. Us and distance, facility to airport, 086°—1.4 miles. »a 01 T]8!1*“ contact n°t established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile of ANI LFR, turn left, climb to 2300' on SW irs,nu within 10 miles. ■ • Notest Aircarrier sliding scale not authorized. ADF approach not authorized. » 2 ? i J errato. 1000'—2.0 miles N of AN I L FR . Terrain, 657'—3 miles W of A N I LFR . MbA within 25 miles of facility: N —2700'; E —4500'; S—4700'; W—3000'. ‘v City, Aniak; State, Alaska; Airport name, Aniak; Elev., 86'; Fac. Class., BM RLZ; Ident., ANI; Procedure No. 1, Arndt. 8; Eff. date, 15 M ay 65; Sup. Arndt. No. 7; Dated, 27 M ar. 65 2. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: A D F Standard I nstrument Approach P rocedure courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical » S i™ t indicated, except visibilities which are in statute miles. unless an ann^?n1LappriiacT Pr°cedure of the above .type is conducted at the below named airport, it shall be in accordance with, the following instrument approach procedure, shall he m a T Z 0. conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches w Uldue over SDeninm rfint.AS MinImnTYi + olmll ILacia AiifAbli-oliA/l m «4a 1-1— ______«r* i i
Transition Celling and visibility minimums
2-engine or less Minimum More tban From— Course and 2-engine, T o - distance altitude Condition (feet) 65 knots More tban more than or less 65 knots 65 knots
Bowie Int Baltimore VOR...... - ...... LOM ...... D irect______2000 T -dn...... 300-1 300-1 200-14 LOM 2000 400-1 500-1 600-1)4 LOM ...... D irect______2000 S-dn-10...... 400-1 400-1 400-1 1400 800-2 800-2 800-2 ;------— ------. m ' 1
* auceuure turn is dHn «« noen A M vc.u lautti jjxuueuuics. Minimum altitude n l r f f r ? 82 Outbnd, 102° Inbnd, 2000' within 10miles. Beyond 10miles not authorized. Crs and distance 011 to a l approach crs, 1400'. If visual contact not pet hi* airpOTt,v* a ’ 102°—3.8 nines.miles. 162 ®s iromfrom LOMJjOM TOiiWr.within iin n UTT,—mu d “ratem d®pcent wjto auununzcuauthorized iaiming landing minimums minimums oror 11 if la landing not accomplished within 3.8 miles after passing BA LOM, climb to 2000' on Caution: 340' tower 9 a .•p(ocee
ADF Standard I nstrument Approach P rocedure— C ontinued
Transition Ceiling and visibility minimums
2-engine or less Minimum More than Course and 2-engine, From— To— distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots
D L F R B n______D irect______3000 T-dn-13______500-2 > 500-2 - 500-2 T-dn-31______300-1 300-1 2004$ C-dn__— _____ 600-1 600-1 660-1H A -dn_____ •___ NA NA NA
Procedure turn W side of crs, 360° Outbnd, 180° Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, 3000'. Crs and distance, facility to airport, 180°—5. S miles. ,...... ,, . ^ „ T ^ nx, . . ,. „ . If visual contact not established upon descent to autonzed landing minimums or if landing not accomplished within 5.5 miles after passing DLF RBn, turn right, climb to 4000'direct to DLF RBn. Hold Non 360° bearing, DLF RBn. . Notes: 1 Extensive jet training conducted at Laughlin AFB. 2. Procedure not entirely within controlled airspace. Caution- 1512' tower, 2 5 miles ESE of airport. This procedure not authorized during periods when Laughlin AFB RBn unmonitored. Contact San Antonio ARTCC prior to planned arrival ti™ at Del Rio in order to ascertain facility will be appropriately monitored by tower during execution of this approach procedure. Other change: Deletes procedure turn restriction beyond 10 miles. ______MSA w ithin 25 miles of facility: 000°-090°—4000'; 090°-180°—3000'; 180°-270°—2800'; 270 -360 —4000 . Citv Del Rio- State Tex ;\ Airport name, International; Elev., 999'; Fac. Class., H; 2Q MarIdent., 65 DLF; Procedure No. 1, Arndt. 3; Efl. date, 15 May 65; Sup. Arndt. No. 2; Dated,
PROCEDURE CANCELLED, EFFECTIVE 15 MAY 1965. ' — . ^ City, Kwajalein Island, Marshall Islands; Airport name, PM FR Islands; Elev., 7'; Fac. Class., H; Ident., NDJ; Procedure No. 1, Arndt. Orig.; Efl. date, 5 May 62
All directions. N D J RBn 1500 T -d n ...... 500-1 500-1 500-lJi C-dn 500-1 500-1 500-1H 800-2 800-2 800-2
Procedure turn N side of crs, 070° Outbnd, 250° Inbnd, 1100' within 10 miles. Minimum altitude over facility on final approach crs, 600'. ^visuhl'rontact ^notMtabUshe§°upon descentto^uthorized landing minimums or if landing not accomplished 1.0 mile after passing NDJ RBn, turn right and climb to 1500' on 070° bearing from RBn; return to RBn at 1500' and hold E. ^ ^ . „ , . Caution: 1. 162' tower, 1725' NNW approach end Runway 07. Numerous antennas and towers in area. 2. During reduced visibility, street hghts may be mistaken ior high-intensity runway lights. Air Carrier N ote: Sliding scale not authorized. Authorized for military use only except by prior arrangement. Contact Wake Area Control Center for approach clearance. MSA w ithin 25 miles of facility: 000°-360—1200'.
T -d n ...... 300-1 300-1 300-1 C -dn______500—1 500-1 500—1)4 A -dn...... NA NA NA
Procedure turn S side of crs, 275° Outbnd, 095° Inbnd, 1900' within 10 miles. Minimum altitude over facility on final approach crs, 1500'. Crs and distance, facility to airport, 095°—2.4 miles. „ , , . „ , „ „ . ■,* „»Vp climbing If visual contact not established upon descent to authorized landing minimums or if landing not accomplished withm 2.4 miles after passing Manistee H , uuu right turn and return to Manistee “H” at 1900'. „ „ „ . , „ rarKn w ith Traverse N otes- 1 800-2 alternate minimums authorized for air carrier with approved weather service. 2. No weather available. 3. Close flight plan py raaio wim City FSS or if unable, via public telephone immediately upon landing. 4. Final approach from holding pattern not authorized. Procedure turn required. Other change: Deletes straighf-in minimums. M SA within 25 miles of facility: 000°-180°—3100'; 180°-360°—1900'. City, Manistee; State, Mich.; Airport name, Manistee County-Blacker; Elev., 613'; Fac. Class., HW; Ident., MBL; Procedure No. 1, Arndt. 1; Efl. date, 15 May 65, Sup. Am
300-1 20044 8.5-mile radar Fix bearing, 241° from IA 5-mile radar Fix bearing, 241° from lA 2000 T-dn% ...... 300-1 1000-1 1000-1 1000-1)4 LOM. LOM. C -dn...... 1000-2 1000-2 5-mile radar Fix bearing, 241° from IA IA LOM (final)..— .— .— ...... — 1200 A-dn*______1000-2 LOM.
Radar vectoring authorized in accordance with approved patterns using Portland radar. Radar vectoring to final approach crs required. Procedure turn not authorized. M inim um altitude over 8.5-mile radar Fix on final approach crs, 3000'* over 5-mile radar Fix, 2000'; over facility, 1200'. Crs and distance, facility to airport, 061°—2.5 miles. , . T. T turn left, climb direct If visual contact not established upon descent to authorized landing minimums or if landing not accomplished withm 2.5 miles after passing i a uuivi to IA LOM, continue climb to 2000' on crs, 241° from IA LOM within 5 miles of IA LOM. Caution: High terrain, N thru SE of airport. %Takeofl Runway 25, climb direct to IA LOM. Takeoff Runway 7, left turn, climb direct to IA LOM. *Weatber service not available 2300 to 0659 local time. Alternate minimums not authorized 2300 to 0659 local time. MSA within 25 miles of facility: 000°-180°—5500'; 180°-270°—3100'; 270°-360°—4700'. City, Troutdale; State, Oreg.; Airport name, Troutdale; Elev., 36'; Fac. Class., LOM; Ident., IA; Procedure No. 1, Arndt. Orig.; Efl. date, 15 May 200-)* 300-1 300-1 LOM _ . ______■-_____ Direct—.---'_____ 2500 T -d n ...... 600-1 500-4» LOM ______2400 C -d n ...... - 500-1 400-1 400-1 400-1 LOM (final) ______2200 S-dn-33...... - 800-2 800-2 LOM (final) 2200 A-dn*...... 800-2
Radar vectoring authorized in accordance with approved patterns. Radar antenna located on Greensboro-High Point Airport. Procedure tu rn S side of crs, 148° O utbnd, 328° Inbnd, 2400' within 10 miles. Beyond 10 miles not authorized. M inim um altitude over facility on final approach crs, 2200'. Crs«^rs andauu distance,uisiauce, facilitylacimy to lu airport,airpori,, oto328°—3.9 —o.a miles.uuies. , T f»M climb to 2500', proceed If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.9 miles after pa^mg uu , to King Int via 328° crs from IN LOM or, when directed by ATC; turn left, climbing to 2500', proceeding to Yadkin Int via R-283 GSO VOR. N ote: Aircraft executing missed approach may be radar controlled after being reidentified. Caution: 3081'antenna, 16.0 miles NW of airpbrt. *During daily shutdown of control tower, 0400Z to 1200Z, alternate minimums not authorized. MSA within 25 miles of facility: 000°-090°—3600'; 090°-180°—4100'; 180°-270°—3400'; 270°-360°—5100'. Arndt 15 M ay 6b; SuP City, Winston-Salem; State, N.C.; Airport name, Smith Reynolds; Elev., 969'; Fac. Class., LOM; Ident., IN; Procedure No. 1, Arndt. 9; Efl. date, No. 8; D ated, 1 M ay 65 Thursday, M ay 6, 1965 FEDERAL REGISTER 6331 3. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: 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. Dan instrument approach procedure of the above type is conducted at the below-named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inim um altitudes shall correspond w ith 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 2-engine, distance altitude Condition (feet) 65 knots More than more than or lèss 65 knots 65 knots
T-dn-13 500-2 500-2 500-2 T-dn-31 300-1 300-1 200-J4 C-dn 900-1 900-1 900-1J.2 A -dn NA NA NA
Procedure turn S side of crs, 081° Outbnd, 261° Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, 3000'. Crs and distance, facility to airport, 261°—7.4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.4 miles after passing DLF VOR turn right climb to 4000' on 340° magnetic heading, then turn right and proceed direct to D LF VOR. Note: Extensive jet training conducted at Laughlin AFB. Caution: 1612' tower, 2.5 miles ESE of airport. This procedure not authorized dining periods when Laughlin AFB VOR unmonitored. Contact San Antonio ARTCC prior to planned arrival time at Del Rio in order to ascertain facility will be appropriately monitored by tower during execution of this approach procedure MSA within 25 miles of facility: 000°-090°—4000'; 090°-180°—3000'; 180°-270 —2800'; 270°-360°—4000'. City, Del Rio; State, Tex.; Airport nam e, International; Elev., 999'; Fac. Class., VOR; Ident., D LF; Procedure No. 1, Arndt. 3; Eff. date, 15 M ay 65; Sup Arndt No 2- Dated 20 Mar. 65 ' '
T -dn...... 300-1 300-1 200-J4 C-dn...... 400-1 500-1 500-1J4 S-dn-4$______400-1 400-1 400-1 A-dn* ...... 800-2 800-2 800-2
ii. , « side oi crs, uutDnd, 056“ inbnd, 2400' within 10 miles. Minimum altitude over facility on final approach crs, 2100'. utc and distance, facility to airport, 034°—4.3 miles. E-034 witwLC20 miles1011 established uPon descent to authorized landing minimums or if landing not accomplished within 4.3 miles after passing JVL VOR, climb to 2500' on Note: Approach control available through Rockford, 111., control tower. Otherchange: Deletes caution note. _ authorized, except for 4-engine turbojet aircraft, with operative REIL or high-intensity runway lights, at the airport.muilmums authorized only during hours of control zone operation. Alternate minimums authorized 24 hours daily for air carriers with weather reporting service MSA within 25 miles of facility: 000°-090°—2200'; 090°-180°—2400'; 180°-270°—2600'; 270°-360°—2400'. City, Janesville; State, Wis.; Airport nam e, Rock County; Elev., 808'; Fac. Class., BVOR; Ident., JVL; Procedure No. 1, Arndt. 8; Eff. date, 15 M ay 65- Sup Arndt No 7- Dated, 28 Nov. 64 ’
T -d n ______300-1 300-1 200-54 C-dn 500-1 500-1 600-1J4 A-dn 800-2 800-2 800-2
Minimum sSithA?i™ »15*51?, Outbnd, 238° Inbnd, 2100' within 10 miles. CrsMdfacility on final approach crs, 1400'. distance, facility to airport, 238—4.0 miles. S-238 witlüniomfies!0t estabUshed upon descent to authorized landing minimums or if landing not accomplished within 4.0 miles after passing TCL VOR, rfimb to 2100' on
approacb witb the elimination of procedure turn.
tty, Tuscaloosa; State, Ala.; Airport name, Van De Graaf; Elev., 169'; Fac Class., BVORTAC; Ident., TCL; Procedure No. 1, Arndt. 10; Eff. date, 15 May 65; Sup Arndt ______No. 9; Dated, 16 Jan. 65 ‘ 10-miles DME Fix R-357 VO R (final)______2800 200- C -dn . 600-1 600-1 600-1^ S-dn-17$...... 400-1 400-1 400-1 A -dn______800-2 ------800-2 800-2 Minimum altitude over L yutpnaj 177 Inbnd, 3000' within 10 miles. Crs and distanceon final approach crs, 2800'. H visual contecTinwt Stem 9 ^ ? ort’ 1 V -~3-6 mîtes. i68’ Petum5‘toiihe^OR ^d h o ld o n R ^ . laading “ ^ u m s or if landing not accomplished within 3.6 miles after passing AT Y VO R, climb to 3000' on e'tt^stira of proo^r>"timiby AT° ’ DME may be used t0 position aircraft on final approach crs at 3000' between R-285 clockwise to R-O80 via 6-mile DME arc with the MSA ^ t e ? L f?acm?yg^ runway lights. «y, Watertown; State 8 Dav • *, , ’ ’ - ‘ ’ P°rt name* Watertown Municipal; Elev., 1747'; Fac. Class BVORTAC; Ment., ATY; Procedure No. 1, Arndt. 6; Eff. date, 15 May 65; Sup. Arndt. No. 6; Dated, 6 Mar. 65 ’ ; 3 6332 RULES AND REGULATIONS 4. By amending the following terminal very high frequency omnirange (TerVOR) procedures prescribed in § 97.13 to read: T erminal 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 in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitudes shall correspond w ith 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 Course and 2-engine, From— ►3 0 1 altitude Condition distance. (feet) 65 knots More than more than or less 65 knots 65 knots
AST VOR Fort Stevens FM...... Direct...... 2000 T-dn**%...... 300-1 300-1 200)3 C -d n ...... 800-1 800-1 800-1H S-dn-13...... 400-1 400-1 400-1 A -dn______1000-2 1000-2 1000-2
Procedure turn S side of crs, 287° Outbnd, 107° Inbnd, 2000' within 10 miles of Fort Stevens FM. Minimum altitude over Fort Stevens FM on final approach crs, 1200'. Crs and distance, Fort Stevens FM to airport, 107°—4.4 miles: FM to VOR, 107°—4.5 miles; facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.4 miles after passing Fort Stevens FM, or within 0.0 mile after passing AST VOR, tu rn right, climb to 1500' on R-246 w ithin 10 miles of AST VOR. **800-1 required for all aircraft departing Runway 03. %TakeoSs all runways: Climb on AST VOR R-246 within 10 miles to cross AST VOR at or above 500'. MSA within 25 miles of facility: 000°-090°—4100'; 090°-180°—4300'; 180?-270°—1700'; 270°-360°—3200'. City, Astoria; State, Oreg.; Airport name, Clatsop County; Elev., 11'; Fac. Class., L-BVOR; Ident., AST; Procedure No. VOR-13, or upon commissioning of Fort Stevens FM., Arndt. 6; Eff. date, 15 May 65; Sup. Arndt. No. 5; Dated, 7 Nov. 64
VAL VO R ...... Direct...... 2000 T -d n ...... 300-1 300-1 '200-)3 C -dn...... 400-1 500-1 5001)3 S-dn-10*...... 400-1 400-1 4001 A-^dn______800-2 800-2 8002
Radar vectoring authorized in accordance with approved patterns. Procedure turn S side of crs, 284° Outbnd, 104° Inbnd, 2000' within 10 miles. Beyond 10 miles not authorized. Minimum altitude over facility on final approach crs, 546' maintain 1400' until passing BAL LOM. Crs and distance, breakofl point to approach end of runway, 102°—0.9 mile. Crs and distance, LOM to airport, 102s—3.8 miles. _ \ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile after passing BAL VOR, climb to W on R-105 BAL VOR, proceed to Bodkin Int, hold E, 1-minute left turns'. Caution: 340' tower, 2.2 miles S of airport. Other change: Deletes minimums not using LOM for final Fix. *400-5-3 authorized, except for 4-engine turbojet aircraft, with operative ALS. *400-44 authorized, except for 4-engine turbojet aircraft, with operative-high-intensity runway lights. MSA within 25 miles of facility: 000°-090°—2400'; 090°-360°—2100'. City, Baltimore; State, Md.; Airport name, Friendship International; Elev., 146' Fac. Class., BVORTAC; Ident., BAL; Procedure No. TerVOR-10, Amdt, 6; Eff. date, 15 May 65; Sup. Amdt. No. 5; Dated, 30 May 64
B L L F R ...... BAL V O R ...... — 2000 T -d n ______300-1 300-1 200)3 Bodkin In t___... 1900 C-dn______500-1 500-1 500-1)4 Bowie In t______BAL VOR 2000 S-dn-28*...... 400-1 400-1 400-1 Green Haven Int. BAL VOR (final)...... Direct...... 500 A -dn______800-2 800-2 800-2
Radar vectoring authorized in accordance with approved radar procedures. Procedure turn N side of crs, 096° Outbnd, 276° Inbnd, 1900' within 10 miles of Green Haven Int. Minimum altitude over facility on final approach crs, 500'. Maintain 1900' until passing Green Haven Int. Crs and distance, breakofl point to approach end of runway, 284°-0.9 mile. . . 9m0/ oro. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile after passing BAL VOR, climb to ¿wv y ceed direct to BA LOM, hold W, 102° Inbnd, 1-minute right turns. Caution: Procedure turn not authorized when restricted area R-4001 in use. *400-54 authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. MSA within 25 miles of facility: 000°-0906—2400'; 090°-360°—2100'. City, Baltimore; State, Md.; Airport name, Friendship International; Elev., 146'; Fac. Class., BVORTAC; Ident., BAL; Procedure No. TerVOR-28, Amdt. 7; Eff. date,l May 65; Sup. Amdt. No. 6; Dated, 26 Oct. 63 Thursday, M ay 6, 1965 FEDERAL REGISTER 6333
5 By amending the following very high frequency omnirange-distance measuring equipment (VOR/DME) procedures prescribed in §97.15 to read: y V O R /D M E Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M8L. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inim um 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 From— - ", To— altitude Condition 2-engine, . distance (feet) 65 knots More than more than or less 65 knots 65 knots
1900 T -d n ______300-1 300-1 200-}3 1900 C -dn______500-1 500-1 500-1)3 1-mile Fix R-096 (final)__ r . . . ; ____ _ Direct...... 600 S-dn-28*...... 400-1 400-1 400-1 A -dn...... 800-2 800-2 800-2
Radar vectoring authorized in accordance with approved patterns. Procedure turn N side of crs, 096° Outbnd, 276° Inbnd, 1900' to be accomplished between 6-mile DM E Fix and 15-mile D M E Fix. Descend to landing minimums after pass ing 6-mile DME Fix. DM E may be used within 10 miles from 270° clockwise to 030° at 2000'; 030° clockwise to 140° at 1900' to position aircraft for a straight-in approach. If visual contact not established upon descent to aurhorized landing minimums oriflanding not accomplished within 0.0 mile after passing BAL VOR, climb to 2000' proceed direct to BA LOM, hold W, 102° Inbnd, 1-minute right turns. Caution: Procedure turn not authorized when restricted area R-4001 in use. *400-M authorized, except for 4-engine turbojet aircraft, w ith operative high-intensity runway lights. . MSA within 25 miles of facility: 000°-090°—2400'; 090°-360°—2100'. City, Baltimore; State, Md.; Airport name, Friendship International; Elev., 146'; Fac, Class., BVORTAC;Ident., BAL; Procedure No, VOR/DME No.,1, Amdt. 2; Eff. date, 15 May 65; Sup. Amdt. No. 1; Dated, 28 Sept. 63
Sykesville I n t....____ 2200 300-1 300-1 200-^2 Towson Int____. 7-mile D M E Fix R-322 ' 2200 C-dn . 500-1 500-1 500-1^2 Dayton Int__ 2200 S-dn-15*. .. 400-1 400-1 400-1 A -dn______800-2 800-2 800-2
Radar vectoring authorized in accordance with approved patterns. Procedure turn S side of crs, 322° Outbnd, 142° Inbnd, 2200' w ithin 10 miles of 7-mile D M E Fix R-322. Minimum altitude over 7-mile Fix. R-322 on final approach crs, 2200'; 3-mile Fix, 900'; 1-mile Fix, 546'. •d »r contact not established upon descent to authorized landing minimums or if landing not accomplished upon passing 1-mile DM E Fix, R-322 climb to 2000' on R-105 YPR» proceed to Brodkin Int, hold E, R-105,1-minute left turns. Note: When authorized by ATC, DM E may be used within 15 miles at 2300' altitude between 231° clockwise to 043° to position aircraft for straight-in approach with the elimination of the procedure turn. authorized, except for 4-engine turbojet aircraft with operative high-intensity runway lights. MSA within 25 miles of facility: 000°-090°—2400'; 090°-360°—2100'. City, Baltimore; State, Md.; Airport name, Friendship International; Elev., 146'; Fac. Class., BVORTAC; Ident., BAL; Procedure No. VOR/DME No. 1, Amdt. Orig; Eff. date, 15 May 65
Towson Int.. 2300 300-1 300-1 200-U 14-mile DME Fix R-Ö32 1800 C -d n ...... 500-1 500-1 500-VA S-dn-22______500-1 500-1 500-1' A -dn______800-2 800-2 800-2
vectoring authorized in accordance with approved patterns. MwSrUre T ? ^ side of c s , 032° Outbnd, 212° Inbnd, 2300' w ithin 10 miles of 6-mile DME Fix R-032. u , over fi-mile FiirR-032 on final approach crs, 1800'; over 0.5-mile Fix on final 646'. If vis i d's^?Ilce’ breakoff point to end of runway, 222°—1.0 mile. ' dim* tJ n » contact not established upon descent to authorized landing minimums or if landing not accomplished upon passing 0.5-mile DME Fix, climb to 2000' and proceed No™B4 .L0M’ ¿ old Wj 102° crs Inbnd- 1-minute right turns. nation of the procedure t ' ^ -^ C !,D M E m ay be used within 14 miles at 2300' altitude between 291° clockwise to 043° to position aircraft for straight-in approach with elimi- MSA within 25 miles of facility: 000°-090°—2400': 090°-360°—2100'. ity, Baltimore; State, Md.; Airport name, Friendship International; Elev., 146'; Fac. Class., BVORTAC; Ident.,'BAL; Procedure No. VOR/DME No. 3, Amdt. Orig.; Eff: date, 15 May 65
fetstene Int/19-mile DME Fix R-345 OLM V O R ...... Direct: 3000 T-dn% ______300-1 300-1 20043 KsweIiT°;(3;mi,e DME S i S : OLM VOR (final) Direct. 1100 C -dn______700-1 700-1 700-133 OLM V O R ___... Direct 3000 S-dn______NA NA NA A -dn______800-2 800-2 800-2 If aircraft equipped with VOR and DME or VOR and ADF receivers, and Budd Int is identified, the follow ing minimums apply:* C -d n ...__ .1 600-1 i 600-1 I 600-1)3 S-dn-17... 600-1 600-1 600-1
I Procedure hirnSwU^ 0ld?ed ufrdzihg McChord radar in accordance with approved patterns. MMmmn 0t cr®-J3i 5 Outbnd, 165° Inbnd, 3000' w ithin 15 miles. Crs and distaff Int on final approach crs, 1100'; over OLM VOR, 800'. - If visual contact’^+ 5* M airport, 165°—4.7 miles; Budd Int to VOR, 165°—5.0 miles, OLM VOR on airport. K-173 within 15 miioo is1Si?d uP°n descent tp authorized landing minimums or if landing not accomplished within 0.0 mile after passing OLM VOR, climb to 3000' ■ iwns:Note: When anthrtriwft/i i£vT .\ 0J&A mw P V, i^hen ” 11C11 directeduuuutcu byuy ATC, AIL/, turn turn left,usit, climb u. to 3000' on R-345 within 15 miles of OLM VOR. Vithelimination of Dr^edma h iitr may be used within 20 miles at 2000' between R-315 clockwise to R-018 of OLM VOR to position aircraft for straight-in approach CÄunoMCaution : U “ Procedureturn. %Takeofls%Takeofls^RSri1Cte<1 I 3103 4.-7 miles E of airport. *If*1 DBudd u aa Int In t not nrv+ Idiuft'-® ;-----vajau n R-345 v AV OLM A A D VORTAC . W1 1/11111 1U mwithin i 10 miles so as to cross OLM VORTAC at or above 1500' Westbound on V-204. MSA within ¿ miiot ^ ed’,A*uth0rized minimum over OLM VOR is 900'. ao miles of facihty:facility: 000 000°-090°—2700'; - 090°—97m '• nan°_i8n°— 090°-180°—4900';io tw - 180°-270°—3700'; 270°-360°—3800'. City. Olympia; state, Wash.- ; Airport name, Olympia Municipal; Elev., 205'; Fac. Class., L-BVORTAC; Ident., OLM; Procedure No. VOR/DME No. 1, Amdt. 3; Eff date, 15 May 65; Sup. Amdt. No. 2; Dated, 15 Aug. 64 No. 87------2 6334 RULES AMD REGULATIONS
V O R /D M E Standard I nstrument Approach P rocedure— C ontinued
Transition Ceiling and visibility minimums
2-engine or less More than Course and Minimum From— T o - altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots
OLM VO R...... D irect______3000 T -d n % .._ ...... 300-1 300-1 200-M m ,M VCR ____ D irect______3000 C -dn...... 1000-1 1000-1 1000-1)$ OLM VO R...... Direct______3000 A -dn______1100-2 1100-2 1100-2 9-mile D M E Fix R -173...... Direct______2000 If aircraft equipped with VOR and DME and 5.5-mile 5.5-mile D M E Fix R -1 7 3 ...... ______Direct______1200 D M E Fix is identified, the following minimum 0.0-mile D M E Fix R-173______D irect______800 applies:* C -dn...... 60O-1 È 600-1 J 600-1J$
Radar vectoring authorized utilizing McChord radar in accordance with approved patterns. Procedure tum W side of crs, 173° Outbnd, 353° Inbnd, 3000' within 15 miles. Minimum altitude over 5.5-mile D M E Fix on final approach crs, 1200'; over facility, 800'.* Crs and distance 5.5-mile D M E Fix to airport, 353°—5.0 miles; facility on airport. . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile after passing OLM VOR, climb to 3000' on R-345 within 15 miles of OLM VOR; or when directed by ATC, turn right, climb to 3000'on R-173 within 15 miles of OLM VOR. N ote: W hen authorized by A TC, D M E m ay be used within 9 miles at 2000' between R-143 clockwise to R-198 of OLM VOR to position aircraft for straight-m approach with elimination of procedure turn. % T ^ k e^ s^ n Srunway*? Clim™onSR -345 OLM VORTAC w ithin 10 miles so as to cross OLM VORTAC at or above 1500' westbound on V-204. •If 5.5-mile D M E Fix R-173 is not identified, authorized m inim um over OLM VOR is 1200'. M SA within 25 m iles of facility: 000°-090°—2700';090°—180°—4900'; 180°—270°—3700'; 270°-360° 3800'. Citv Olvmpia; State, Wash.; Airport name, Olympia Municipal; Elev., 205'; Fac. Class., L-BVORTAC; Ident., OLM; Procedure No. VOR/DME No. 2, Arndt. 1; Eft. date, 15 May 65; Sup. Arndt. No. Orig.; Dated, 18 Jan. 64
Direct______.... 3400 T -d n ...... 300-1 300-1 206-tf C -dn...... 500-1 500-1 600-1# S-dn-35$...... 400-1 400-1 400-1 A -dn______800-2 800-2 800-2
Procedure turn E side of crs, 176° Outbnd, 356° Inbnd, 3400' between 10 and 20-mile D M E Fix R-176. Minimum altitude over 10-mile D M E Fix R-176 on final approach crs, 3300'. Crs and distance, 10-mile D M E Fix R-176 to airport, 356°—5.3 miles...... ,, . . . . _ .. onwvnn n «7 ATY If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at 4.7-mileDME Fix R-176, climb to 3000 on k, ¿57 ai i
V° N ote?1 Wten authorized^by1 ATC,~DME may be used to position aircraft on final approach crs at 3400' between R-160 clockwise to 230° via 16-mile DME arc with the elimination of procedure turn. „ .. -, - , . .. . . $400-44 authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. MS A within 25 miles of the facility: 000°-180°—3100'; 180°-270°—4400'; 270°-360°—3700'. Citv Watertown; State, S. Dak.; Airport name, Watertown Municipal; Elev., 1747'; Fac. Class., BVORTAC; Ident., ATY; Procedure No. VOR/DME No. 1, Arndt. 1; Eft date, 15 May 65; Sup. Arndt. No. Orig.; Dated, 12 Dec. 64 6. By amending the following instrument landing system procedures prescribed in § 97.17 to read: IL S 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 ' _ . . annm&nh Drocedore, 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 ap p ro acn p r^^ nniflgs an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaw Khali be made over specified routes. M inim um altitudes shall correspond with those established for en route operation in the particular area or as set fortn Deiow.
Transition Ceiling and visibility minimums
Course and From— To— distance
------7 Bowie In t_____ LOM______!.. Direct. T-dn***„ Baltimore VOR LOM______Direct. C -d n .___ D ayton In t___% LOM...____ Direct. S-dn-10** Clarksville In t.. LOM (final)____ Direct. A -dn____
Radar vectoring authorized in accordance with approved radar procedures. Procedure turn S side of crs, 282° Outbnd, 102° Inbnd, 2000' within 10 miles. Beyond 10 miles not authorized. Minimum altitude at glide slope interception Ihbnd, 1500'. AlUtudeorgUdesiopeanacustanceioapproacnenaoirunwayaiujvL,Altitude of glide slope and distance to approach end of runw ay at OM, 1423 —3.8 o.ommss, miles; anviiYL, at MM, oou—u.uuuiB. 380 —0.6 mile. . T mvr fiimli , 1to 2000'on back TiIf visual_•__ 1 contact__ J--- 1. __notJ established upon descent to n»41t/\«iirn ILS Standard I nstrument Approach Procedure— C ontinued A Transition Ceiling and visibility minimums 2-engine or less Minimum More than Course and 2-engine, From— T o - distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots Orchard Beach Int (final)..______Direct______1900 T -d n ...... 300-1 300-1 200-% Direct______. 1900 C-dn 400-1 500-1 500-lp S-dn-28*...... 400-1 400-1 400-1' A -dn___ j ___ _ 800-2 800-2 800-2 Radar vectoring authorized in accordance w ith approved radar procedures. Procedure turn N side E crs, 102° Outbnd, 282° Inbnd, 1900' within 10 miles of Orchard Beach Int. No glide slope or markers. Descend to authorized minimums after passing Orchard Beach Int. Distance to approach end of Runway 28, 5.2 miles. Minimum altitude over Orchard Beach Int, 1900'. - If visual contact hot established upon descent to authorized landing minimums or if landing not accomplished within 5.2 miles after -passing Orchard Beach Int, climb to 1900' on W crs, BAL ILS within 10 miles of BAL LOM. Return to BAD LOM, hold W, 102° Inbnd, 1-minute right turns. Note: ADF approach not authorized. Caution: Procedure turn not authorized when R-4001 in use. *400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. ' City, Baltimore: State, Md.; Airport name, Friendship International; Elev., 146'; Fac. Class., ILS; Ident., I-BAL; Procedure No. ILS-28 (back crs), Arndt. 6; Efl date, 15 May 65; Sup. Arndt. No. 5; Dated, 28 Sept. 63 Via radar vectors.. 1700 T-dn ...... 300-1 300-1 200-Vá 1700 C-dn 400-1 500-1 500-íj^ Nantucket VOR ...... - _____ Lobster In t...... „ . A _____------Via radar vectors.. 1700 S-dn-6*...... 400-1 400-1 400-1' A -dn______800-2 800-2 800-2 Radar vectoring to Lobster Int by Otis RAPCON in accordance with approved patterns. If radar inoperative, procedure not authorized. Procedure turn not authorized. Minimum altitude over Lobster Int on final approach crs, 1700'. Crs and distance, Lobster In t to airport, 060°—5.3 miles; Lobster In t to VOR, 060°—8.0 miles. No glide slope, outer marker, or middle marker. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 5.3 miles after passing Lobster Int, or after passing the 2.7-miles DME Fix, climb straight ahead to the AC LOM at 1700'. Hold NE of AC LOM, 1-minute right turns, 240° Inbnd. Caution: 652'Loran antenna (3.0 miles ESE of airport). Other change: Deletes transition from W Nan Int. *400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. City, Nantucket; State, Mass.; Airport name, N antucket Memorial; Elev., 47'; Fac. Class., ILS; Ident., I-ACK ; Procedure No. ILS-6 (back crs), Arndt. 1; Efl. date. 15 Mav 65; Sup. Arndt. No. Orig.; Dated, 13 Feb. 65 PROCEDURE CANCELLED, EFFECTIVE 15 MAY 65. City, Utica; State, N.Y.; Airport name, Oneida County; Elev., 742'; Fac. Class., ILS; Ident., I-UCA; Procedure No. ILS-15 (back crs), Arndt. 1; Efl. date, 13 Feb. 65' Sud. Amdt. No. Orig.: Dated, 26 Dec. 64 AWK RBn. A X X R B n ______1500 T-dn #300-1 #300-1 a w e v o r /.::;;;:::::::::::::;:::::::::;; #300-1 AXX R B n ______1500 C-dn 500-1 - 500-1 500-1% 12-mile DME Arc, radiais 180° thru 000° W crs, IL S______1500 S-dn-10*. #300-1 clockwise. #300-1 #300-1 A -dn______800-2 800-2 800-2 W crs, ILS and 12-mile DME Fix______Carter In t (final)*______Via W crs, ILS... 500 Procedure turn S side of crs, 275° Outbnd, 095° Inbnd, 1500' within 12 miles of A X X RBn. turn" üen auttlorized by -ATO, D M E may be used w ithin 12 miles between radiais 180° and 000° clockwise to position aircraft for final approach and elimination of procedure Mmimum altitude over Carter In t on final approach crs Inbnd, 500'. Aitit Jr dist.aiice Carter Int to airport, 095°—2.5 miles; A X X RBn to airport, 095°—0.2 mile. Rvis?,a? * dl.stance t0 approach end of runway at Carter Int, 600'—2.5 miles; at AXX RBn, 300'—0.2 mile, to 1500' on E ^ of ILS^withta 20^fi^°n descen<' authorized landing minimums or if landing not accomplished within 2.3 miles (A X X RBn) after passing Carter Int, climb CAnTTOM-0 0 p e ‘ N° approach lights. No marker beacons. *If nnawi ?:• w .en advisories report ocean vessel at mooring buoys, minimums are 400-1. 2. Circling N side of airport, not authorized due to 422' tower. 1 5 miles N nunaoie to receive Carter Int, maintain 500'and minimums are 500-1. ’ ' ' City, Wake Island; Airport name, Wake Island; Elev., 13'; Fac. Class., ILS; Ident., I-AWK; Procedure No. ILS-10 (LOC only), Amdt. 3; Efl. date, 15 May 65; Sud Amdt No. 2; Dated, 17 Apr. 65 King Int. __ L__ LOM 2500 T-dn 300-1 300-1 200-% LOM 2400 500-1 500-1 500—13^ LOM (final)._____..... ______D irect.______2200 S-dn-33%_____ 300-% 300-% 300-% LOM (final)... ______D irect______2200 A-dn*...... 600-2 600-2 600-2 Radar antprW lau™ nzediiiaccordacne with approved patterns, ftoredmp w l W d Greensboro-High Point Airpot. Minimum + °f crs, 148° Outbnd, 328° Inbnd, 2400' within 10 miles. Beyond 10 miles not authorized. Altitude o fS ? glldeal?PC interception inbnd, 2200'. If Visual Contactcon tart nnt oct t m . <“stJance Vi to approach «FFivawiouu end ofvjl runway urnw ay atat OM,yi.vxt 2200'—3,9¿¿uu —o.y miles; lim es, atat Mivxlvi, M , 1120'—0.5liz u ;— u .o mile. m ilt? ected hv A'rn descent to authorized landing minimums or if landing not accomplished, climb to 2500', proceed to King Int via 328° crs from IN LOM A o turn left, climbing to 2500',I! proceed ■ to Yadkin Int via R-283 GSO - VOR.j I m d Caution: 3081' an term»8 nw? 36 u apjRFoaffi may bd radar controlled after being reidentified. O t h e r c h ^ Ä ^ - 16-° miles NW of airport. — -* ‘During daüv •iW ^ l l raJÎslticin fr™1 0 8 0 VOR to Wallburg Int. %400-%required w h e ^ iid e 'rio p e n o rtitm ^ d 2 *° 12° ° -’ alternate minimums not authorized. City, Winston-Salem; State , N.C.; Airport name, Smith Reynolds; Elev., 969'; Fac. Class/ ILS: Ident., I-INT; Procedure No. ILS-33, Amdt. 9; Efl. date, 15 May 65; Sud. Amdt. No. 8; Dated, 1 May 65 6336 RULES AND REGULATIONS 7. By amending the following radar procedures prescribed in § 97.19 to read: R adar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, M SL. Ceilings are In feet above airport elevation.| "Distances are in nautical miles unless otherwise indicated) except visibilities which are in statute miles. - If a radar instrument approach is conducted at the below named airport, it shall'be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes M inimum altitude(s) shall correspond with those established for en route operation in the particular area or as setXprth below. Positive identification must be estab lished with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when fA) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished. Transition Ceiling and visibility minimums 2-engine or less ■ ■ : c~ 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 - 1 ' 1 248° ______180°...... 0-20 miles...... ***2000 Surveillance approach 180° 248°...... 0-15 miles______***2000 180° 248°...... 15-20 miles______***2300 T-dn%*— ...... 300-1 300-1 200-34 C-dn-14L and 400-1 500-1 500-134 R, 32L and R , 27, 22.** C-dn-4...... 600-2 600-2 600-2 S-dn-14L 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 g g g l i S Precision ap iroach T -dn% *...... 300-1 300-1 20044 C -dn______400-1 500-1 500-134 S-dn-14R, 27, 200-34 200-34 20044 32L.# S-dn-22,14L, 300-34 300-34 300-34 32R, 4. A -dn...... 600-2 600-2 600-2 All bearings UbiUUlgo are OiC from UUiU radar lUUiU site oibo w ithwu.u sector ocutui azimuths ai Within: Surveillance approach 2700 000°-360° 8 miles___ 300-1 200-M 000°-360° 8-30 miles. 3200 T-dn/35L/17R... 300-1 300-1 T-dn/35R/17L__ 300-1 300-1 600-1 500-lH" C -dn______500-1 500-1 S-dn/17L/35L/ 500-1 500-1 35 R. 400-1 400-1 S-dn-17R*.--__ 400-1 800-2 A - d n .....___ _ 800-2 800-2 Precision approach 500-134 500-1 500-1 C-dn/35L/17R~ 200-34 200-34 S-dn-35L_____ 200-34 30HÍ S-dn-17R...... SOO-% 300-34 600-2 A -dn_____ »___ 600-2 600-2 , the R-; If visual contact not established upon descent to authorized landing minimums or if landing not accomplished to Runways 35L, 35R, climb to 2900 RAY VORTAC to RAY VORTAC; Runways 17L, 17R, climb to 2700' direct to LN DOM. Radar Control will provide 1000' vertical clearance within 0-3 miles of 2529' tower located 18 miles W of airport. *400-J4 authorized, except for 4-engine turbojet aircraft, with operative high-intensity runw ay lights. 1 65' Sup. City, Lincoln; State, Nebr.; Airport Name, Lincoln Municipal/AFB; Elev., 1198'; Fac. Class., Lincoln; Ident., Radar; Procedure No. 1, Arndt. 1; Eff. date, 15 Arndt. No. Orig.; Dated, 17 Apr. 65 Thursday, May 6, 1965 FEDERAL REGISTER 6337 R adab Standard I nstrument Approach P rocedure— C ontinued Transition Ceiling and visibility minimums 2-engine or less More than Minimum From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 66 knots Within 10 miles— Precision ap jroach 344°-028°, 3000'; 028°-054°, 2000'; 054°-128°, 1500'; S-dn-25R______300-% 300-% 300-% 128°-182°, 2200'; 182°-215°, 1500'; 215°-259°, 1000'; S-dn-25L**____ 200-% 200-% 200-% 259°-344°, 3200'. A -dn______600-2 600-2 600-2 W ithin 20 miles— Surveillance radar 340°-0l8°, 6000'; 0l8°-037°, 7000'; 037o-045o, 4500' T-dn#...... - 300-1 300-1 200-% 045°-080°, 2600'; 080°-128°, 1500'; 128°-194°, 2500' 194°-216°, 1500'; 215°-250°, 1000'; 250°-262°, 2000' 262o-303°, 4000'; 303°-328°, 3600'; 328°-340°, 3500' W ithin 30 miles— 340°-357°, 6000'; 357°-010°, 7500'; 010°-037°, 9000' 037°-045°, 7200'; 045°-051°, 5000'; 051°-057°, 4500' 057°-062°, 3000'; 062°-086°, 2500'; 086°-128°, 1500' 128°-1940, 2500'; 194°-215°, 1500'; 215°-250°, 1000' 250°-256°, 2000'; 2560-262°, 3000'; 262°-285°, 4600' 285°-303°, 4000'; 303°-312°, 4500'; 312°-340°, 5000' Radar term, area trans. altitudes—all bearings are from the radar site with sector azimuths progressing clockwise. Ii visual contact not established upon descent to authorized landing minimums or if landing not accomplished, climb to 2000' on Outbnd crs of 248° from LAX RBn within 20 miles. (Bunway 26R-L.) Climb direct to Downey RBn at 2000'; not authorized beyond Downey. (Runway 7R.) fRunway visual range 2400' also authorized for takeoff on Runways 25L and 25R in lieu of 200-% when 200-% is authorized, providing high-intensity runway lights are operational. “ Runway visual range 2400' also authorized for landing on Runway 25L; provided that all components of the PAR, high-intensity runway lights, approach lights, con denser discharge flashers, outer compass locator and all related airborne equipment are in satisfactory operating condition. Descent below 326' shall not be made unless visual contact with the approach lights has been established or the aircraft is clear of clouds. City, Los Angeles; State, Calif.; Airport narpe, Los Angeles International; Elev., 126'; Fac. Class., Los Angeles; Ident., Radar; Procedure No. 1, Arndt. 19; Eff. date, 15 May 65; Sup. Arndt. No.-18; Dated, 4 Apr. 64 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348 (c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on April 9,1965. C. W . W alk er, Acting Director, Flight Standards Service. [F.R.'Doc. 65-3889; Piled, May 5,1965; 8:45 am .] PART 332— RECRUITMENT AND SE applicants, the basis for ranking the Title 5— ADMINISTRATIVE eligibles, and the selection of an eligible LECTION THROUGH COMPETITIVE from the register. The report shall be PERSONNEL EXAMINATION accompanied by the applications of all Chapter I—Civil Service Commission Subpart A— General Provisions applicants. A person selected for ap pointment from such a register may be PART 213— EXCEPTED SERVICE F ill in g C ertain P o stm a ster P o sit io n s appointed after the date the office is Entire Executive Civil Service determined to have 30 or more revenue Section 332.103 is amended to provide units for compensation purposes only Section 213.3102(t) is amended to e that the examining procedures for post tend the authority to make excepted a with the prior approval of the Commis master positions in fourth-class post sion. pomtments to positions filled by me offices shall be determined by reference in ioco r£ed Persons until Septeml (b) When making an appointment to the new “revenue unit” system rather from a register established under para rw 968' ®ffective on publication in t than to the postmasters’ annual compen 8 9iAA,L™Register’ Paragraph (t) graph (a) of this section, the appoint •ol02 is amended as set out beloi sation. Section 332.103 is amended as ing officer shall select an eligible in ac 213.3102 Entire executive civil servi set oiit below. cordance with §§ 332.404 through 332.407. * § 332.103 Filling certain postmaster (c) When the Commission, after hold and exceed September 30, 19 positions. ing two examinations, is unable to secure ServS?Je? to pFior approval of the Ci a complete certificate of three eligibles filled hv Jpe’nnhssion, positions wh (a) When a vacancy occurs or is aboutfor offices having 30 or more revenue cordsmnJ5161^ 1^ retarded persons in i to occur in a postmaster position in a units for compensation purposes, it may ecuted h fWlth written agreements < fourth-class post office having fewer authorize the establishment of a reg Servicebn Ween- an agency and the Ci than 30 revenue units for compensation ister and selection therefrom in accord includedC°mmission- Provisions to purposes, a representative of the Post ance with paragraphs (a) and (b) of S r J J n s u c h agreements are spe Office Department shall visit the locality this section. - , the federal Personnel Manual and, after due public notice has been given, accept applications from inters (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 IW : 403' as amend ested persons. The representative shall 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 °PR, I95LL 6o3’ E'°- 10577> F.R. 752] CFR, 1954-58 Comp., p. 218) * Comp., p. 218) establish a register based on the quali fications and suitability of each appli U n it e d S tates Civ il S erv- _ U nited S tates C ivil S erv ice Co m m is s io n , ice Co m m issio n , cant and on his ability to provide proper [SEAL] M ary V. W enzel, facilities for transacting the business of [sea l] M ary V. W e n ze l , Executive Assistant to the office. The Post Office Department Executive Assistant to the Commissioners shall submit to the Commission for post the Commissioners. ip-R. Doc. 65-4782; Piled, May 5, 19 audit one copy of the representative’s [F.R. Doc. 65-4783; Piled, May 5, 1965; 8:48 a.m.] report showing the qualifications of all 8:48 a.m.] 6338 RULES AND REGULATIONS to Marketing Order No. 965, for its Wheat Diversion Program for 1964 and Title 7— AGRICULTURE maintenance and functioning, and for 1965 (28 FJt. 5133, 29 F.R. 5507) and such other purposes as the Secretary de amendments thereto, or on diverted Chapter VIII— Agricultural Stabiliza termines to be appropriate, during the acreage under the 1964 and 1965 Peed tion and Conservation Service fiscal period ending July 31, 1965, will Grain Program Regulations (29 FJt. 590) (Sugar), Department of Agriculture amount to $18,000.00. and amendments thereto, is not eligible (b) The rate of assessment to be paid for price support. SUBCHAPTER F— DETERMINATION OF NORMAL by each handler pursuant to Marketing YIELDS AND ELIGIBILITY FOR ABANDONMENT § 1421.3104 Purchase prices, premiums, Order No. 965 shall be one cent ($0.01) and discounts. AND CROP DEFICIENCY PAYMENTS per 40-pound crate of tomatoes, or the [Sugar Determination 842.2, Supp. 7, • equivalent quantity thereof'in other con (a) 1965 county purchase prices. Arndt. 1] tainers, handled by him as the first han Basic purchase prices per bushel of eligi PART 842— BEET SUGAR AREA dler thereof during said fiscal period. ble flaxseed of the 1965 crop which is (c) The terms used in this section produced in the counties listed below and Approved Local Areas for 1963 Crop shall have the same meaning as when which is delivered to authorized dealers used in Marketing Order No. 965 and this under this program for the account of Amend § 842.9, Part 842, Chapter VIII, CCC will be at the rate established for title 7 of the Code of Federal Regulations, part. the county where the flaxseed is deliv as follows: Insert the words “Contra It is hereby found that good cause ex ered. The basic purchase prices for flax Costa” in paragraph (a) of such section ists for not postponing the effective time seed grading- No. 1 and containing from between the words “Colusa” and “Glenn” of this section until 30 days after publica 10.6 to 11.0 percent moisture are as in the column under the heading “entire tion in the F ederal R egister (5 U .S .C . follows: counties.” 1003) in that (1) the relevant provisions T exas Statement of bases and considerations. of this part require that rates of assess R a te per Rate per The county “Contra Costa”, inadvert ment fixed for a particular fiscal period County bushel C o u n ty bushel ently omitted from a list of counties pre shall be applicable to all assessable toma A r a n s a s _____ $2.83 Karnes______$2.79 viously published, is added. toes from the beginning of such period, A tascosa------2.73 Kimble------2.61 Effective date. Date of publication. and (2) the current fiscal period began B a stro p ------2. 69 Kleberg_____ 2.81 on August 1,1964, and the rate of assess B ee______2. 82 L aSalle_____ 2.66 Signed at Washington, D.C., on April ment herein fixed will automatically ap B ell___ .______2.66 Lavaca______2.70 Bexar______2. 72 Lee____ 2.72 29, 1965. ply to all assessable tomatoes beginning B lanco______2.67 Live Oak------2.80 C h a s . M . C o x , with such date. B ow ie______2. 58 McCulloch— 2.61 Acting Deputy Administrator, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Brooks______— 2.74 McMullen— 2.75 State and County Operatiorls. 601 e t seq.) B ro w n ______2.62 M ason------2.62 B u r n e t ______2.64 Matagorda — 2.74 [F.R. Doc. 65-4784; Filed, May 5, 1965; Maverick—— 2.59 8:48 a.m.] Dated :"May 3,1965. C ald w ell___ — 2. 70 C a lh o u n _____ 2.75 M edina...... 2.69 P aul N ic h o l s o n , A. Cam eron------2. 66 M ilam ...... 2.68 Deputy Director, Fruit and Veg C olem an _____ 2.60 M ills...... 2.62 Chapter IX— Consumer and Market etable Division, Consumer C ollin—______2.62 Nueces------2.84 ing Service (Marketing Agreements and Marketing Service. Colorado <__ —¿. 2. 75 Real ------2.63 2.57 C om al______2.70 Red River----- and Orders; Fruits, Vegetables, [F.R. Doc. 65-4785; Filed, May 5, 1965; 2.83 C o n ch o ______2.60 Refugio—----- 8:48 a m .] 2.58 Tree Nuts), Department of Agricul De W itt______2.74 R unnels------San Patricio- 2.84 ture D im m it____ - 2. 62 2.62 D uval______,-s- 2.76 San Saba------PART 965— TOMATOES GROWN IN Chapter XIV— Commodity Credit Cor Taylor------2.56 F r io ______2. 69 2.69 LOWER RIO GRANDE VALLEY IN poration, Department of Agriculture G a lv e s t o n ---- 2.80 Travis —------Uvalde------2.65 G oliad ------2.80 2.77 TEXAS SUBCHAPTER B— LOANS, PURCHASES AND G onzales------2.72 Victoria------OTHER OPERATIONS Webb...... 2.68 Expenses and Rate of Assessment Guadalupe — 2.71 2.76 H a m ilto n ------2.59 Wharton------[C.C.C. Texas Flaxseed Bulletin, 1965 Supp.] W illacy------2.70 Notice of rule making regarding pro Hays------2. 69 2.68 posed expenses and rate of assessment, H idalgo______2.69 Williamson— PART 1421— GRAINS AND SIMILARLY Wilson------— 2.76 to be effective under Marketing Order Jackson______2. 73 2.64 HANDLED COMMODITIES Jim Hogg---- 2.72 Zapata------No. 965 (7 CFR Part 965) regulating the Zavala------2.62 handling of tomatoes grown in the Coun Subpart— 1965 Texas Flaxseed Jim Wells—— 2.81 ties of Cameron, Hidalgo, Starr, and Wil Purchase Program (b) 1965 terminal market Purc^ f ] lacy in Texas (Lower Rio Grande Valley) ices. The basic purchase P^ce was published in the F ederal R egister A special purchase program has been $2.95 per bushel for flaxseed gracung April 14,1965 (30 F.R. 4761). This regu authorized for 1965 crop flaxseed pro ,. l and containing from latory program is effective under the duced in designated Texas counties. rcent moisture delivered by rai ^ Agricultural Marketing Agreement Act This subpart contains provisions appli orized dealers at the Corpus of 1937, as amended (7 U.S.C. 601 et seq.), cable to the 1965 program and together d Houston, Tex., terminal mar ^ The notice afforded interested persons with the provisions contained in CCC tere shall be deducted from such _ an opportunity to submit data, views, or Texas Flaxseed Bulletin (26 F.R. 3979, e transportation cost, if ar^ — Com. arguments pertaining thereto not later 29 F.R. 6245) constitutes the 1965 Texas ned by the Kansas than 7 days following publication in the Flaxseed Purchase Program. >dity Office, for movmg the fla ^ F ederal R eg ister.. None was filed. Sec. tidewater facility locatedwitmn After consideration of all relevant mat 1421.3103 Additional eligibility require itching limits of ^ terrmnal ters presented, including the proposals m en t. which it was delivered. 1 ® d set forth in the aforesaid notice, which 1421.3104 Purchase prices, premiums, and discounts. I the purchase price for . jerS at proposals were adopted and submitted ered by truck to authorized d ^ ^ for approval by the Texas Valley Tomato Authority : The provisions of this subpart Committee, established pursuant to said issued under sec. 4, 62 Stat. 1070, as amended; clr terminal markets, the 4 5 marketing order, it is hereby found and sec. 5, 62 Stat. 1072; secs. 301, 401, 63 Stat. deducted from the terminal rate determined that: 1053, 1054, as amended; 15 U.S.C. 714 b and c; nts per bushel. - .„*.,** con 7 U.S.C. 1447, 1421. ic) Premiums for low rn j § 965.207 Expenses and rate of assess nt. T h e following p re im ^ ^ ^ ment. § 1421.3103 Additional eligibility re quirement. nrmtent are applies«» (a) The reasonable expenses that are likely to be incurred by the Texas Valley Flaxseed produced on diverted acreage Tomato Committee, established pursuant under the Regulations Pertaining to 2 : Thursday, M ay 6, 1965 FEDERAL REGISTER 6339 Premium, sought. Objections may be accompanied ( cen ts per Title 21— FOOD AND DRUGS Moisture content (percent) : b u sh el) by a memorandum or brief in support 10.6 to 11.0 inclusive------0 Chapter I— Food and Drug Adminis thereof. 10.1 to 10.5 inclusive—.------1 Effective date. This order shall be ef 9.6 to 10.0 inclusive______2 tration, Department; of Health, Ed 9.1 to 9.5 inclusive------— ___ 3 ucation, and Welfare fective on the date of its publication in F ederal R egister. 9.0 or less------4 the SUBCHAPTER B— FOOD AND FOOD PRODUCTS (d) Grade discounts. The following Dated: April22,1965. discounts are applicable to eligible flax PART 121— FOOD ADDITIVES (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 seeds which grades No. 2 or Sample Subpart F— Food Additives Resulting (c)(1)) Grade: G eo. P . L arrick, From Contact With Containers or Commissioner of Food and Drugs. (1) No. 2—6 cents per bushel. Equipment and Food Additives (2) Sample Grade— 6 cen ts per bushel [F.R. Doc. 65-4770; Filed, May 5, 1965; plus the following discounts, as applicable: Otherwise Affecting Food 8:47 a.m .] (i) Moisture, 1 cent for each %o percent A d h esives of moisture in excess of 11.0 percent. (ii) Test weight, 3 cen ts for each % pound The Commissioner of Pood and Drugs, or fraction thereof of test w eigh t below having evaluated the data in a petition PART 121— FOOD ADDITIVES 47 pounds. (PAP 5B1708) filed by E. I. du Pont Subpart F— Food Additives Resulting (ill) Other factors, as determ ined by CCC. de Nemours & Co., Inc., Wilmington, Del., Effective date. Upon publication in 19898, and other relevant material, has From Contact With Containers or the Federal R egister, v concluded that the food additive regula Equipment and Food Additives tions should be amended to provide for Otherwise Affecting Food Signed at Washington, D.C., on May 3, the use of additional substances in the 1965. formulation of food-packaging adhesives. E m u l s if ie r s and/ or S urface-A ctive H . D. G o d fr ey , Therefore, pursuant to the provisions of A g ents Executive Vice President, the Federal Pood, Drug, and Cosmetic The Commissioner of Food and Drugs, Commodity Credit Corporation. Act (sec. 409(c)(1), 72 Stat. 1786; 21 having evaluated the data in a petition IFJt. Doc. 65-4787; Filed, May 5, 1965; U.S.C. 348(c) (1)), and under the author (FAP 5B1596) filed by The Dow Chemi 8:48 aun.] ity delegated to the Commissioner by cal Co., Midland, Mich., 48640, and other the Secretary^of Health, Education, and relevant material, has concluded that Welfare (21 CFR 2.90), § 121.2520(e)(5) the food additive regulations should be is amended by inserting alphabetically in amended to provide for the use of an ad Title 12— BANKS AND BANKING the list “Components of Adhesives” a new ditional substance as an emulsifier and/ Chapter II— Federal Reserve System item “Piperazine” and by revising the or surface-active agent in the manufac item “Polyurethane resins produced ture of articles that contact food. There SUBCHAPTER A— BOARD OF GOVERNORS OF * * as follows; fore, pursuant to the provisions of the THE FEDERAL RESERVE SYSTEM Federal Food, Drug, and Cosmetic Act [Reg. D] § 121.2520 Adhesives. (sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. ♦ * * Hr * 540(c) (1)), and under the authority del PART 204— RESERVES OF MEMBER (c) * * * egated to the Commissioner by the Secre BANKS (5) * * * tary of Health, Education, and Welfare Components of Adhesives (21 CFR 2.90), § 121.2541(c) is amended Termination of Designation as by inserting alphabetically in the list of Reserve City Substances and Limitations substances the following new item: * * * * * «i* ?arl 204 Is-amended by adding § 121.2541 Emulsifiers and/or surface- thereto the following new section: Piperazine. active agents. * • * • * § 204.56 Termination of Toledo, Ohio, * * * * * Polyurethane resins produced by reacting di- designation as reserve city. isocyanates with one or more of the polyols (c) List of substances: 8 K?COrdance with Paragraph (e) of or polyesters named in this subparagraph * * * * * a member bank in Toledo, Ohio, or produced by reacting the chlorof or mate derivatives of one or more of the polyols Sodium monododecylplienoxybenzenedisulfo- S QS? mitied a ^ tte n request for ter- or polyesters named in this subparagraph nate and sodium didodecylpbenoxyben- ST ilc11 of tlie designation of such city zenedisulfonate mixtures that contain not with one or more of the polyamines named less than 70 percent of the monoalkylated such e^erve Clty> and, acting pursuant to in this subparagraph. , product. S d Po iT aPh (e) of §204-51’ the ♦ * * * • refn, d.of Governors has granted such Any person who will be adversely af Any person who will be adversely af of ToIph« ^ecordmgly, the designation fected by the foregoing order may at any fected by the foregoing order may at term w ’? h*0’as a reserve city is hereby time within 30 days from the date of its any time within 30 days from the date “ abated effective May 13, 1965. of its publication in the F ederal R eg publication in the F ederal R egister file oartiHnft® Was no notice and public with the Hearing Clerk, Department of ist e r file with the Hearing Clerk, De ment X with resPect to this amend- Health, Education, and Welfare, Room partment of Health, Education, and S co Jt!^hiprocedure dnd delay would 5440, 330 Independence Avenue SW., Welfare, Room 5440, 330 Independence serve no the public interest and Avenue SW., Washington, D.C., 20201, tS? Purpose. (See § 262.1 (e) Washington, D.C., 20201, written objec written objections thereto, preferably in tions thereto, preferably in quintuplicate. cFR26^ne)d)S)RUleS °f ^ ^ e d u re (12 quintuplicate. Objections shall show Objections shall show wherein the per wherein the person filing will be ad son filing will be adversely affected by versely affected by the order and specify a^ o i S p ? U ^ lnSton' DC- this 29th the order and specify with particularity with particularity the provisions of the the provisions of the order deemed ob order deemed objectionable and the B oard of G overnors o f t h e jectionable and the grounds for the ob grounds for the objections. If a hearing [seat i >,Federa1, R eserve S y s t e m , jections. If a hearing is requested, the is requested, the objections must state SEAL] M er r u t S h e r m a n , objections must state the issues for the the issues for the hearing. A hearing ip » Secretary. hearing. A hearing will be granted if will be granted if the objections are sup ■ “°C- Hied, May 5, ,965; the objections are supported by grounds 8:45 a.m.] ported by grounds legally sufficient to legally sufficient to justify the relief justify the relief sought. Objections may 6340 RULES AND REGULATIONS be accompanied by a memorandum or justments to basis of such securities shall on account of a personal injury or sick brief in support thereof. be determined in accordance with regula ness. See § 1.72-15 for the rules relating tions prescribed by the Secretary or his to the tax treatment of accident or Effective date. This order shall be delegate. health benefits received under a plan effective on the date of its publication in ***** to which section 72 applies. (4) Distributions by United States to non the F ederal Register. * * * * * resident aliens. The amount includible (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. under paragraph (1) or (2) of this subsec (6) (i) If the total distributions pay 3 4 8 (c )(1 )) tion in the gross income of a nonresident able with respect to any employee under Dated: April 22,1965. alien individual with respect to a distribu a trust described in section 401(a) which tion made by the United States hi respect Geo. P. Larrick, of services performed by an employee of the in the year of distribution is exempt un Commissioner of Food and Drugs. United States shall not exceed an amount der section 501(a) are paid to, or in which bears the same ratio to the amount cludible in the gross income of, the dis [P.B. Doc. 65-4771; Piled, May 5, 1965; includible in gross income without regard tributee within one taxable year of the 8:47 a.m.] to this paragraph as— distributee on account of the employee’s (A) The aggregate basic salary paid by the death or other separation from the serv United States to such employee for such serv ice, or death after such separation from ices, reduced by the amount of such basic Title 26-INTERNAL REVENUE salary which was not includible in gross service, the amount of such distribution, income by reason of being from sources to the extent it exceeds the net amount Chapter I— Internal Revenue Service, without the United States, bears to such em contributed .by the employee, shall be Department of the Treasury ployee for such services. considered a gain from the sale or ex (B) The aggregate basis salary paid by change of a capital asset held for more [T.D. 6823] th e U n ited S tates than six months. The total distributions PART 1— INCOME TAX; TAXABLE In the case of distributions under the Civil payable are includible in the gross in YEARS BEGINNING AFTER DECEM Service Retirement Act (5 U.S.C. 2251), the come of the distributee within one taxa term “basic salary” shall have the meaning ble year if they are made available to BER 31, 1953 provided in section 1(d) of such Act. such distributee and the distributee fails Treatment of Certain Amounts Paid [Sec. 402(a) as amended by Act of April 22, to make a timely election under section By the United States to Nonresident 1960 (Pub. Law 86-437, 74 Stat. 79; sec. 4(c), 72(h) to receive an annuity in lieu of Self-Employed Individuals Tax Retirement such total distributions. The “net Alien Individuals Act 1962 (76 Stat. 825) ] amount contributed by the employee” is On June 17, 1964, notice of proposed P ar. 2. Section 1.402(a)-1 is amended the amount actually contributed by the rule making with respect to the amend by revising subparagraphs (1) (ii) and employee plus any amounts considered ments of the Income Tax Regulations (26 (6) (i) of paragraph (a), and by adding to be contributed by the employee under CFR Part 1) under sections 402 and 871 a new paragraph (c). These amended the rules of section 72(f), 101(b), and of the Internal Revenue Code of 1954 to and added provisions read as follows: subparagraph (3) of this paragraph, re conform the regulations to changes made duced by any amounts theretofore dis by the Act of April 22, 1960 (Public Law § 1.402(a)—! Taxability of beneficiary tributed to him which were excludable 86-437, 74 Stat. 79) was published in the under a trust which meets the re from gross income as a return of em F ederal R egister for June 17, 1964 (29 quirements of section 401(a). ployee contributions. See, however, par F.R. 7726). The amendments of the reg (a) In general. (1) * * * agraph (b) of this section for rules ulations as proposed are hereby adopted. (ii) The provisions of section 402(a)relating to the exclusion of amounts rep resenting net unrealized appreciation in [seal] Sheldon S. Cohen, relate only to a distribution by a trust Commissioner of Internal Revenue. described in section 401(a) which is ex the value of securities of the employer empt under section 501(a) for the tax corporation. In addition, all or part of Approved: April 30,1965. able year of the trust in which the dis the amount otherwise includible in gross S tanley S. Surrey, tribution is made. The distribution from income under this paragraph by a non Assistant Secretary of the such an exempt trust when received or resident alien individual in respect ot Treasury. made available is taxable to the distribu distribution by the United States unde tee to the extent provided in section 72 a qualified pension plan may be e - In order to conform the Income Tax (relating to annuities), except that cludable from gross income under sec Regulations (26 CFR Part 1) under sec section 72(e) (3) (relating to the treat tion 402(a)(4). For rules relating k> tions 402 and 871 of the Internal Reve ment of certain lump sums) shall not ap such exclusion, see paragraph (c) oi nue Code of 1954 to the Act of April 22, ply, and except that certain total dis section. For additional rules relating: w 1960 (Public Law 86-437, 74 Stat. 79), tributions described in section 402(a) (2) the.treatment of total distributions - such regulations are amended as follows: are taxable as long-term capital gains. scribed in this subdivision in the case o P aragraph 1. S e c t i o n 1.402(a) is For the treatment of sifch total distribu a nonresident alien individual, amended by revising paragraph (1), by tions, see subparagraph (6) of this para tions 871 and 1441 and the regulations adding a new paragraph (4) to section graph. Under certain circumstances, an thereunder. 402(a), and by amending the historical amount representing the unrealized ap * * * note at the end thereof. These amended preciation in the value of the securities provisions read as follows: (c) Certain distributions blJ of the employer is excludable from gross )ates to nonresident alien indi i ■ § 1.402(a) Statutory provisions; tax income for the year of distribution. For .) This paragraph applies to a ability of beneficiary of employees’ the rules relating to such exclusion, see ibution— , „ TTnited trust; exempt trust. paragraph (b) of this section. In addi (i) Which is made by the Umte^ Sec. 402. Taxability of beneficiary of em tion, all or part of an amount other ;ates under a pension plan d ployees’ trust— (a) Taxability of beneficiary wise includible in gross income under i section 401(a); , . _prV. of exempt trust— (1) General rule. Except section 72 by a nonresident alien indi (ii) Which is made in respect of as provided in paragraphs (2) and (4), the vidual in respect to a distribution by the es performed by an employ amount actually distributed or made avail United States under a qualified pension able to any distributee by any employees’ nited States; and r made trust described in section 401(a) which is plan may be excludable from gross in (iii) Which is received exempt from tax under section 501(a) shall come under section 402(a) (4). For the mailable to, a nonresident aJielJ.^ ¿ndi- be taxable to him, in the year in which so rules relating to such exclusion, see para il (including a nonresident ah?” ^ ed distributed or made available, under section graph (c) of this section. Furthermore, dual who is a beneficiary of., begjn_ 72 (relating to annuities) except that section the exclusion provided by section 105(d) nployee) during a taxable y 72(e) (3) shall not apply. The amount ac is applicable to a distribution from a ing after December 31, 1» • tually distributed or made available to any trust described in section 401(a) and ex distributee shall not include net unrealized empt under section 501(a) if such dis he amount of such a dis^ ^ 0lJf the appreciation in securities of the employer includible in the gross m ,er sec- corporation attributable to the amount con tribution constitutes wages or payments tributed by the employee. Such net un in lieu of wages for a period during onresident alien individu exCeed realized appreciation and the resulting ad which an employee is absent from work Thursday, M ay 6, 2965 FEDERAL REGISTER 6341 an amount which, bears the same ratio and in the United States, receives, in respect (Sec. 7805, Internal Revenue Code of 1954; to the amount which would be includible of such services, a monthly pension of $240 (68A Stat. 917; 26 U.S.C. 7805)) in gross income if it were not for this under the Civil Service Retirement Act. B [F.R. Doc. 65-4778; FUed, May 5, 1965; received an aggregate basic salary for his 8:48 a jn .] paragraph, as— services for the United States of $120,000; (a) The aggregate basic salary paid $80,000 of which was for his services per by the United States to the employee for formed in the United States, and $40,000 of his services in respect of which the dis which was for his services performed in the tribution is being made, reduced by the foreign country. B was a nonresident alien Title 32— NATIONAL DEFENSE amount of such basic salary which was individual dtiring the whole of his employ Chapter V— Department of the Army not includible in the employee’s gross ment with the United States and, conse income by reason of being from sources quently, the $40,000 basic salary for his serv SUBCHAPTER A— AID OF CIVIL AUTHORITIES ices performed in the foreign country was AND PUBLIC RELATIONS without the United States, bears to not includible in his gross income by reason (b) The aggregate basic salary paid of being from sources without the United PART 516— LITIGATION by the United States to the employee States. B would be required, under section for his services in respect of which the 72 but without regard to section 402(a) (4) General and Defense of Legal distribution is being made. and this paragraph, to include $165 of each Proceedings monthly pension in his gross income. The See section 402(a) (4). See, also, para amount that is includible in B’s gross income Sections 516.1 and 516.2 are revised to graph (a) of this section for rules relat under section 402(a) (1) with respect to the read as follows: ing to the amount that is includible in monthly payments received during taxable gross income under section 402(a) (1) years beginning after December 31, 1959, § 516.1 General. or (2) in the case of a distribution under and While B is a nonresident alien individual, (a) Scope. The regulations of this a pension plan described in section is computed as follows: part set forth basic policies and proce 401(a). (i) Amount of distribution in dures applicable to legal proceedings in cludible in gross income (2) For purposes of applying section under section 72 without domestic and foreign civil courts or ad 402(a) (4) and this paragraph to distri regard to section 402(a) ministrative tribunals of interest to the butions under the Civil Service Retire ( 4 ) ______$165 Army. ment Act (5 U.S.C. 2251), the term “basic (ii) Aggregate basic salary for (b) Litigation responsibility of The salary” shall have the meaning provided services for United States. 120,000 Judge Advocate General. Subject to the in section 1(d) of such Act. In applying (iii) Aggregate basic salary for control of litigation vested in the Attor section 402(a) (4) and this paragraph to services for United States ney General and the Department of distributions under any other qualified reduced by amount of such Justice, The Judge Advocate General: salary not includible in B’s (1) Is responsible for the initiation, pension plan of the United States, such gross income by reason of term shall have a similar meaning. being from sources without administration, supervision, and coordi Thus, for example,, “basic salary” does the United States ($120,- nation of measures for the protection of not, in any case, include bonuses, allow 000—$40,000)______80, 000 the Government in litigation and other ances, or overtime pay. (iv) Amount includible in B’s legal proceedings which arise out of the (3) The rules in this paragraph may gross income under sec operations of the Department of the be illustrated by the following examples: tion 402(a)(1) ((iii) -r* Army or which otherwise involve its (ii) X (i), or $80,000/$120,- interests. Example (1). A, a retired employee oí the 000 X $165) ______110 United States who performed aU of his serv- (2) Acts for the Secretary of the Army iees for the United States in a foreign coun Par. 3. Paragraph (b) (3) (i) of § 1.871- on matters connected with litigation and try, receives, in respect of such services, 7 is amended to read as follows: legal proceedings. a monthly pension of $200 under the Civil § 1.871—7 Tax on nonresident alien (3) Or his designee, certifies the pay Service Retirement Act (a pension plan de individuals. ment of compromise settlements effected scribed in section 401 (a)). A received an under title 28, United States Code, sec aggregate basic salary for his services for ♦ * * * *tion 2677. tne United States of $100,000. A was a non (b) No United States business; gross (c) Representation of the Department resident alien individual during th e whole income of not more than $15,400. * * * of the Army. The Judge Advocate Gen of his employment w ith th e U nited States (3) Amounts considered to be capital n o ^erefore, his basic salary from the eral is responsible for all liaison between united States was n ot includible in h is gross gains—(i) Items subject to tax. The tax the Department of the Army and the ncome by reason of being from sources of 30 percent also applies, pursuant to Department of Justice. Within the De without the United States. A w ould be the provisions of section 871(a)(1), to partment of the Army, only The Judge required, under section 72 b u t w ith ou t regard amounts received during the taxable year Advocate General, and those military *02(a)<4> and thls Paragraph, from sources within the United States personnel and civilian employees who are $60 °L ea°h m onth ly pension pay- which are described in section 402(a) (2) designated by him, are authorized to i w 4 4 i1185 gr°s's income. The amount (determined with the application of sec represent the Department of the Army seoti J! in,CIUdibl€ in A’s gross incom e under tion 402(a) (4)), section 631 (b) and (c), monthw402 W respect to the and its instrumentalities before Federal, vearo J Payments received during taxable section 1235, and for taxable years end State, and foreign courts, administrative E J ^ n«U*ng aiter December 31, 1959, ing after September 2, 1958, section 403 tribunals and regulatory bodies, and to uai í hüe A k a nonresident alien indi vid- (a) (2 ) and are considered to be gains maintain liaison with the Department of «su, is computed as follows: from the sale or exchange of capital as Justice and other governmental depart (i) Amount of distribution in- sets. Thus, the tax applies to gain rec ments and agencies regarding litigation cludible in gross income ognized on certain distributions by an and legal proceedings. Authority is under section 72 without exempt employees’ trust where the total granted duly designated legal representa regard to section 402(a) distributions, with respect to any em tives of the Chief of Engineers to main ployee, are paid to the distributee within tain direct liaison with the Department (Ü) Aggregate ■ basic salary for one taxable year; to the gain recognized fiin . Bervices for U nited S ta te s. 100, 00C of Justice in litigation matters arising (U1) Aggregate basic salary for on certain payments under annuity con from the civil functions of the Corps, of services for United States tracts purchased by an employer for an Engineers. Except in the exercise of reduced by amount of such employee under certain qualified an this authority, and of the authority set salary not includible in A’s nuity plans where the total payments are forth in paragraphs 6 and 7, AR 10-5 gross income by reason of paid to the payee within one taxable (paragraphs (b) and (c), sec. 2* 28 F.R. oeing from sources without year; to gain recognized under specified 4029, April 24, 1963, as amended by 29 a the United States ____ _ r (lv,( V) Amount includible in A’¡ circumstances on the disposal of timber F.R. 15960, December 1, 1964), neither military personnel hor civilian employees fn S f w ??m e under section and coal and considered in accordance ^02(a)(i) ((itt)-r-(ü) Xm , with section 1231 to be gain from the sale of the Army will confer or correspond °r $0/$ 100.0 0 0 X $6 0 ) _____ ( or exchange of a capital asset; and to with any representative of the Depart UaitedTStates’ Jh ’ & retired employee of the gain recognized on certain transfers of ment of Justice concerning legal pro tbe United State^b* « ? ^ 01^ 6*1 servlces io1 patent rights by an individual. ceedings within the purview of this part tes both in a foreign country * * * * *without the prior approval of The Judge No. 87------3 6342 RULES AND REGULATIONS Advocate General. This paragraph, (a) Process of Federal courts. Serv ice or delivery be made upon the United however, in no way affects the require ice of process is accomplished in accord States through established diplomatic ments of this part for judge advocates ance with the rules of the Federal court channels. and legal advisers to maintain liaison concerned (28 U.S.C. App.). Installa with the United States Attorneys. tion commanders may impose reasonable § 516.2 Defense of legal proceedings. (d) Appearance as counsel. Military restrictions upon persons who enter their (a) Defense by the Department of Jus personnel on active duty and civilian em installations to service the process. tice and United States Attorneys—(1) ployees of the Department of the Army (b) Process of State courts in areas Responsibilities. The Department of may appear as counsel before a civil of exclusive Federal jurisdiction not Justice is responsible for the defense of court, administrative tribunal, regulatory subject to the right to serve process. suits brought against the United States, body, or governmental agency provided: Commanders or other Army officials in its agencies and instrumentalities, and (1) The appearance is authorized by charge will bring the matter to the at officials and employees whose official con or is incident to a mission assigned by tention of the individual requested to duct is involved, in all courts within the The Judge Advocate General; or be served and will determine whether he United States or abroad (28 CPR Part (2) The individual is a party to the wishes to accept service voluntarily in 0. Under the direction of the Attor action or proceeding; or accordance with the laws of the State ney General, United States Attorneys (3) The officer concerned is designated issuing the process. Judge advocates or normally afford counsel and representa to conduct the prosecution of petty of other competent officials will inform the tion of the defendants in such suits. In fenders under the provisions of AR 632- individual of the legal effect of volun addition, United States Attorneys will de 380; or tary acceptance of service. Any em fend civil actions or proceedings brought (4) The individual, for purposes other ployees of the Department of the Army, against military personnel or civilian em than those outlined in paragraph (c) of military or civilian, serving process upon ployees arising from their operation of this section and in subparagraphs (1), an individual wishing to accept service motor vehicles in the scope of office or (2), and (3) of this paragraph, first ob can act only in his individual capacity. employment (28 CFR Part 15). tains approval of the staff judge advocate (c) Process of State courts in areas of (2) Policies. It is the policy of the of the responsible commander exercising exclusive Federal jurisdiction in which Department .of Justice to afford counsel general court-martial jurisdiction or the the right to serve process is reserved by, and representation to military personnel legal advisor of the responsible head of or granted to, the State or States in and civilian employees of the Depart procuring activity not exercising such areas of concurrent jurisdiction, and in ment of the Army and its agencies and jurisdiction. In making such appear areas in which the United States has instrumentalities whc are sued civilly or ances, military personnel and civilian only a proprietorial interest. Civil of charged with violation of local or State employees will avoid conflicts of interest ficials authorized by applicable State law criminal laws as a result of the perform (see AR 600-50 and CPR C2, departmen will be permitted, upon proper applica ance of their official duties. This policy tal regulations governing standards of tion, to enter areas subject to the right applies wherever property damage, per conduct). Appearances as an Army to serve process for the purpose of mak sonal injury or death has resulted, or representative in behalf of individuals in ing service. Commanders or other Army where a substantial Federal interest is matters not connected with the perform officials in charge will assist the civil involved. In addition, representation ance of official duties are prohibited. officials by making military personnel or may be furnished private interests in (e) Service of process—(1) Criminal civilian employees available for service of suits in which the Government ulti process, (i) The delivery of persons process, subject to reasonable limita mately may be required to make reim charged with criminal offenses at the re tions. In addition, civil officials may en bursement. Otherwise, except where- quest of or pursuant to process issued by ter areas subject , to the right to serve unusual circumstances exist, representa the civil authorities will be accom process for the purpose of levy on and tion will be declined. Representation plished within the United States in ac the subsequent sale of personal property may also be declined where the military cordance with § 503.2 of this chapter, of personnel residing thereon, subject personnel or civilian employee is ade and in foreign countries in accordance to reasonable limitations. This author quately protected by his own liability in with paragraph 10, AR 633-1. ity does not extend, however, to the levy surance and potential liability of the (ii) Commanders and other Army offion or the sale of personal property es United States appears not to be involved. cials within the United States and abroad sential to or proper for the use of mili (b) Procedures for obtaining repre will be governed by the policies set forth tary personnel or civilian employees in sentation—(1) Department of Justice in subparagraph (2) of this paragraph in the performance of their official duties. and United States Attorneys. As to any the treatment of process issued for the (iv) Service of civil process outside theaction or proceeding in which Govern attendance of witnesses or the production United States, its territories and posses ment representation may. be afforded un of evidence in criminal cases. sions is as follows: der the circumstances specified in para (2) Civil process, (i) The service of (a) Process of foreign courts. In for graph (a) of this section, the judge ad process is not a function of the Depart eign areas the service of process, in vocate or legal adviser will: .. ment of the Army or of its military per cluding subpoenas duces tecum, will be (1) If the action or proceeding is a civu sonnel or civilian employees in their offi made in accordance with applicable trea suit brought against a military perso cial capacity, except when required by ties or agreements. In the absence of a civilian employee on account 0 treaty or international agreement. It is the treaty or agreement, the provisions operation of a motor vehicle in_ the the policy of the Department of the of customary international law will pre of his office or employment, obtainrep Army, however, to assist civil officials in vail. In areas of exclusive United States resentation by notification of local the service of process as provided in sub jurisdiction in foreign countries, Army States Attorney and transmission divisions (iii) and (iv) of this subpara personnel concerned will be guided by copies of process, pleadings, and r graph. the procedures for accomplishing service PaS ) SIn other cases, where time for re (ii) Commanders and other Army of of process set forth in subdivision (iii) ficials will not prevent or evade the serv (b) of this subparagraph. sponse is limited, request the app ice of process in legal actions brought (b) Suits against agencies or instru ate United States Attorney to against them concerning their official mentalities of the United States. Any temporary counsel and repres duties (subdivision (iv) (b) of this sub- writ, summons, notice of legal proceed The Judge Advocate General wffiI » paragraph) . This does not mean, how ings or other foreign civil process served promptly advised of the request n ever, that a commander or other Army upon or otherwise delivered to an Army resentation and of the action b Qn official must personally accept service of officer, employee, or activity will be re thereon for any confirmatory process. Where such service would in ferred immediately upon receipt to the necessary. fer the terfere with his military duties, he may appropriate judge advocate, who will re (iii). Otherwise, promptly rep,. matter to The Ju(fee, nentex- designate a representative to accept serv turn the document to the issuing author (2) Private counsel at Goverjin ice in his stead. ity with a suitable statement explaining (iii) Service of civil process Within the lack of authority of the person or pense, (i) Except as Provld® reauests the United States, its territories and pos activity to accept service on behalf of the vision (iii) of this subparagr P ’ j at sessions is as follows: United States, and suggesting that serv for the employment of private Thursday, M ay 6, 1965 FEDERAL REGISTER 6343 Government expense will be referred that litigation will be handled by attor ticipating in the case, through procure through channels to The Judge Advocate neys employed by the insurer. The De ment channels. General. Every such request will be ac partment of Justice may participate, (e) A United States Attorney repre companied by a statement of facts justi however, in cases in which judgment is senting the contractor is required to seek fying the request and the recommenda sought in an amount in excess of the the advice of the Department of Justice tions of commanders or supervisors con insurance coverage. In the latter cases, as to whether an appeal will be taken cerned. Persons who employ private United States Attorneys normally do not from an adverse judgment. He may pro counsel in such cases should be advised participate actively in the defense and ceed by seeking advice from the Army that they may be individually responsible avoid taking any position which might in which case the matter will be referred for any expenses thus incurred, if they do jeopardize the contractor’s rights under through procurement channels to The so without the specific authorization of the policies. Judge Advocate General. The Judge Advocate General. (ii) Upon receipt of notice of the com (/) Private counsel representing the (ii) In actions or proceedings brought mencement of any suit against a con contractor may seek advice from the in foreign countries, if immediate court tractor in which the Department of Jus Army with respect to appealing an ad representation is required beyond feas tice may furnish representation, the con verse judgment. In such case the mat ible handling by the judge advocate con tracting officer or purchasing office will ter may be referred through procurement cerned and thé local court or agency has ascertain whether the contractor desires channels to The Judge Advocate General. denied a request for a stay or continu Government representation. If such (gf) The reimbursability and reason ance to permit action on a formal request representation is desired, the contracting ableness of the fees of private counsel for the hiring of a local attorney, local officer or purchasing office will obtain are primarily for determination by the counsel may be retained, preferably from the contractor an executed agree contracting officer. Acting through the selected from a listing of qualified and ment for representation (§ 516.1(b) (2)), judge advocate or legal adviser, the con suitable foreign counsel maintained at and, acting through the judge advocate tracting-officer may inquire of the appro the United States Embassy or Consulate or legal adviser, furnish it to the appro priate United States Attorney as to the in the country or city in which the action priate United States Attorney and re reasonableness of the fees, provided the or proceeding has been initiated. The quest that official to act on behalf of advice received is treated as privileged. retention of such counsel will specifically the contractor. The contracting officer may also pursue be made contingent on confirmation by (iii) Upon receipt of advice that the his inquiry through procurement chan the Department of Justice. If the case United States Attorney will act on behalf nels. falls within its responsibility, the De of the contractor, or that his services are [AB 27-1, Mar. 18, 1965] (sec. 3012, 70A Stat. partment of Justice will employ the at not available, or that the services of 157; 10 UJ5.C. 3012) torney thus selected or pay him for the private counsel are authorized, the con services performed in the event he is not tracting officer or purchasing office will J . C. L ambert, retained generally. The local attorney so inform the contractor. In addition, if Major General, U.S. Army, retained under this emergency authori the services of private counsel are au The Adjutant General. zation should avoid any steps which thorized, the contracting officer or pur [F.B. Doc. 65-4756; Filed, May 5, 1965; could be construed as a waiver of sov chasing office will advise the contractor 8:45 a m .] ereign immunity of the United States, that any questions as to payment of a its agencies and instrumentalities, and judgment, costs and attorneys’ fees are officials or employees whose official con reserved for later determination under Chapter VII— Department of the Air duct is involved, from suit in a foreign the contract. Copies of the communica Force court. Any appearance by such coun tion will be furnished through the head sel, prior to receipt of instructions from of the procuring activity to The Judge SUBjCH AFTER B— SALES AND SERVICES the Department of Justice, should be Advocate General. PART 815— PERSONS AUTHORIZED limited to the local equivalent of a spe (iv) The following relationships and MEDICAL CARE cial appearance on the jurisdictional responsibilities in the conduct of any point or the procuring of a stay of the ensuing litigation are furnished for SUBCHAPTER I— MILITARY PERSONNEL proceedings, provided such actions would guidance: not constitute a general appearance. (a) As the ultimate responsibility for PART 882— DECORATIONS AND 'ui) Counsel may be hired to repre- the defense of the suit is that of the AWARDS soupersons subject to the Uniform Code contractor, every effort is made by the Miscellaneous Amendments «Military Justice before foreign courts Department of Justice to maintain an inq^administrative agencies (10 U.S.C. attorney-client relationship with the 1. In § 815.20 the heading is amended, entu' ^ eQuests for the employment of contractor. and in paragraph (a) the introductory AR633°55nSel WÜ1 be Processed under (b) Where the contractor is repre portion and subparagraph (7) are re sented by a United States Attorney, there vised. This material now reads as (3) Government contractors. (i) is no objection to the participation of follows: from the Army> the De- private counsel employed by the con § 815.20 Senior Reserve Officers Train partment of Justice normally will defend tractor, provided it is understood the ing Corps members (ROTC), Air trarte^+wï extractors whose con- United States Attorney has complete con Force, Army, and Navy (includes reimwlth tha United States provide for trol of the litigation. Fees for the serv Advanced Course applicants, 10 recnvovîSemen^. the contractors for ices of private counsel in such cases will U.S.C. 2104b(6) (B )). anv raiuS agauist them arising out of not be reimbursable except under un (a) Authorization for medical care. fo rn S i c°nnecti°n with the per- usual circumstances and then only if If they have the written, signed authori rehnw« °f Îhe contract, or for the approved by The Judge Advocate Gen zation of the appropriate commander, counsel ÏÏÎÏÏÎ °f t?e fees paid Private eral. The npnJlf the costs of such litigation. senior (includes Advance Course appli (c) The Department of Justice does cants) members of the Air Force, Army, not furni<5hment of Justice usually will not charge the contractor or the Depart t£ f X £ £ ^presentation, however, in and Navy ROTC may be admitted to ment of the Army for any expenses in Air Force medical treatment facilities cident to service performed by a United under conditions described in this sec Governmp^T the Special interests of the States Attorney. tion. The authorization will include: ^ t W V £ Pear to be in eonflict (d) The compromise of a suit is pri case of a n lr if lf ° ntractor, as in the marily for deternoination by the contrac ♦ ♦ * * * “e ox an informer’s suit; tor. Aspects of reimbursement under (7) A statement that the patient is Standards Ac^ ^ ndef the Fair ^ ^ r the contract are primarily for deter entitled to medical care, as follows: nary cirenrm!^, except Under extraordi- mination by the contracting officer. If (i) For injury sustained while engaged Private coumpw^ 8 when defense by the approval of a compromise by higher in a flight or in flight instruction: Care *ect the interests of*?? ^ ePuately V*0"- authority is desired, the contracting offi will be provided for any ROTC member (c) Wherff the United States, cer may forward the compromise pro who suffers disability from an injury bility insurant con,tractor carries a lia- posal with his views and those of the incurred in line of duty while engaged in nsurance Policy which provides United States Attorney, if one is par- a flight or in flight instruction under 6344 RULES AND REGULATIONS chapter 103 of title 10, United States § 815.73 Department of Defense and from appropriated or nonappropriated Code. other government agency employees funds and their dependents may receive (ii) For injury or diseasp incurred paid from appropriated and non- medical care in Air Force medical facili while traveling to, from, or during train appropriated funds and their de ties when civilian facilities are not avail ing: Care will be provided for disability pendents outside the United States. able or are not adequate. Charges will from a disease or injury incurred in line (a) Unless otherwise specified in this be imposed at the special reimbursement of duty while performing authorized part, U.S. citizens who are employees of rate (SRR) per inpatient day and at the travel to or from such duty or while the Department of Defense or other Fed special outpatient rate (SOPR) per out attending field training or a practice eral agencies (paid from appropriated patient visit as prescribed in APR 168-7 cruise under chapter 103, title 10, United or nonappropriated funds), and their (Rates for Hospitalization, Outpatient States Code. dependents, stationed outside the United Treatment, and Subsistence in Air Force * * 4t * * States, may receive medical care in Air Medical Facilities) except where: 2. In § 815.41(a) a Note is added imForce facilities. (In Puerto Rico, only * * * * * mediately preceding paragraph (b), and those serving under a current transpor 5. In § 815.108 a new category is in paragraph (b) is revised. As amended tation. agreement are eligible for such serted after “FAA” and the two succeed these paragraphs read as follows: care.) Here, “dependent” includes: ing categories are amended, as follows: ***** § 815.41 Administrative procedures. § 815.108 Department of Justice, FAA, (b) Non-U.S. citizen civilian employ Department of Defense, and other (a) * * * ees of the Department of Defense paid Federal agencies. Note: A CA Form 16 or 17 is not required when only first aid treatment is provided Hearing civilian employees, since the Air Force does Outpatient, Reports aids, not charge the Federal Employees’ Compen W ritten Hospital immunization, required Supple prosthetic sation Fund for such treatment. A CA Form Class of patients authority ization or or physical CoUect for central mental devices, required subsistence examination reimburse care at AF spectacles, 16 or 17 is required if there is to be prolonged charge charge ment expense or ortho treatment, disability for work beyond the pedic day of injury, recurrence of disability, or a footwear charge to the Compensation Fund for medi * * cal treatment or supplies. (See AFR 40-801 * ' * * * •' (Injury Compensation).) (b) CA Form 20, “Attending Physi Job Corps or VISTA Yes.’...... IAS... __ OPR, P E R , 0 ...... D D Form Yes...... No. personnel (§ 815.72a). or IR as ap 7 or 7A. cian’s Report,” will be submitted to the propriate. BEC on all cases which result in charges U.S. citizen employ N o...... FSB ...... SOPR ...... Locally None...... No...... No.* for treatment or supplies against the ees of Dept, of De from in fense and other dividual. BEC or which involve any loss of time U.S. Government beyond the day, shift, turn, or working agencies outside period during which the injury occurs. U.S. and their de- pendents (§ 815.73). No. Also, a copy of SF 502, “Clinical Record— Non-U.S. citizen ci N o...... SR R ...... SOFR ...... Locally None...... No...... vilian employees of from in Narrative Summary,” will be submitted the Dept, of De dividu to the Bureau on all hospitalized cases at fense and their de al.« the time of discharge. An interim SF pendents when ci vilian medical fa 502 should be forwarded to the Bureau culties are not avaU- after 30 days in hospitalized cases of able (§ 815.73). extended duration. ***** * * * 8. A new § 815.72a is added as follows: (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012) By order of the Secretary of the Air [AFR 168-1C, March 30,1965] Force. „ § 815.72a Job Corps and VISTA per F rederick A. R yker, sonnel. 6. In § 882.28(b) a new subparagraph Lieutenant Col., U.S. Air Force, Upon presentation of a letter of au (9) is added as follows: Chief, Special Activities thority from a Director, Job Corps Cen § 882.28 Joint Service Commendation Group, Office of The Judge ter, or other appropriate official of the Medal (Department of Defense). Advocate General. Corps, the following services may be * * * * * [F.R. Doc. 65-4757; Filed, May 5, 1965, provided to: (b) * * * 8:45 a.m.] (a) Job Corps applicants and Volun teers in Service to America (.VISTA) (9) Jointly manned staffs within Allied Command Europe and Allied Command At applicants to be assigned to duty with lantic, military agencies associated with the the Job Corps. Pre-enrollment exami functions of the Standing Group NATO, the Title 50— WILDLIFE AND nations and immunizations. Inter-American Defense Board, and the com (b) Job Corps enrollees and VISTA bined staffs of the North American Air De FISHERIES personnel on duty with the Job Corps. fense Command. Hospitalization, outpatient care, exami (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012) ipter I— Bureau of Sport nations, and immunizations. Enrollees [AFR 900-7C, Nov. 20, 1964; AFR 900-7D, ind Wildlife, Fish and Wi d will not be provided dental care except April 16, 1965] ervice, Department of the Inter emergency care to relieve pain and suffering. Air Force physicians are not 7. In § 882.212(b), subparagraph (2) PART 33— SPORT FISHING required to assess the physical qualifica is amended by the addition of new dates, tions of applicants for enrollment. Com as follows: abeth Alexandra Morton National pleted SF 88 and SF 89 of applicants will § 882.212 Armed Forces Expeditionary Wildlife Refuge, N ew York be forwarded to the official who requested Medal (AFEM). ■he following special the examination. Medical services will ***** normally be provided only when civilian, ted and is effective on date of P (b) Requirements for award. * * / l in the F ederal R egister. ^ U.S. Public Health Service, or VA hospi (2) U.S. operations in direct support of tals are not available, or if available, do the United Nations and inclusive dates. 5.5 Special regidatioM? 8port f8ge not have the capability to provide the ing; for individual wildlife needed treatment. Congo: July 14,1960, to Sept. 1, 1962; Nov. 23, 1964, to Nov. 27,1964. areas. ., \ 4. In § 815.73 the word “CONUS” is port fishing from the shore to # amended in the heading, and the intro * * * * * ductory portions of paragraphs (a) and (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012) (b) are revised, as follows: [AFR 900—10D, April 14,1965] Thursday, M ay 6, 1965 FEDERAL REGISTER 6345 Morton National Wildlife Refuge, N.Y., Sec. application for a special use permit, from May 1, 1965 through December 31, 211.24 Hearings before the Board. contract or any use of the national 1965, inclusive. The open area, com 211.25 Action by the Board. forests, may take an appeal to the re prising 10 acres, is delineated on a map Action by the Ch ief gional forester by filing with the forest available at refuge headquarters and 211.26 Decisions In Class Two and..-Class supervisor, within the time specified in from the Regional Director, Bureau of Three cases. § 211.30, a written notice of appeal and Sport Fisheries and Wildlife, U.S. Post a written statement setting forth the Office and Courthouse, Boston, Mass., Appeals F rom Decisions of the Chief reasons why the decision appealed from 02109. Sport fishing shall be in ac 211.27 Procedure. is contrary to, or in conflict with, the cordance w ith all applicable State Decisions of the Secretary facts, the law, or the regulations of the regulations. Secretary of Agriculture, hereinafter re 211.28 Decisions in Class Two and Class ferred to as the “Secretary”, or is other The provisions of this special regula Three cases. wise in error. The notice should identify tion supplement the regulations which Definitions govern fishing on wildlife refuge areas the decision from which the appeal is 211.29 Terminology. taken and give the date of the decision generally which are set forth in Title 50, and the contract number, if any. Upon Code of Federal Regulations, Part 33, Additional Procedures receipt of the notice and statement, the and are effective through December 31, 211.30 Filing of notice of appeal and state forest supervisor shall, within the time 1965. ment of reasons; extension of time; specified in §211.30, prepare a responsive R ichard E . G r if f it h , consolidation of appeals; inter Regional Director, Bureau ven tion. statement reviewing the matter and pre of S p o rt Fisheries and Wildlif e. senting the facts and considerations upon Classes of Appeals which his decision was based. The two April 27, 1965. § 211.20 Contract appeals; appeals from statements, together with all papers com [F.R. Doc. 65-4763; Piled, May 5, 1965; decisions on matters other than con prising the record in the matter, shall 8:46 ajn .} tract. be transmitted to the regional forester who shall consider the matter and make (a) Classification. This subpart pre a decision based on the statements and scribes the procedure governing the fol the record submitted to him. Title 36— PARKS, FORESTS, lowing types of appeals : (b) Classification. In all regional (1) Class One. Appeals from deci foresters’ decisions resulting from an ap AND MEMORIALS sions in which the issue under appeal peal from a forest supervisor’s decision, relates to a breach of the terms or pro and upon notice of an appeal from an Chapter II— Forest Service, Depart visions of a written instrument, as de initial decision of a regional forester, the ment of Agriculture fined in § 211.29. To be classified as a regional forester shall classify the appeal Class One appeal, the appeal must be as Class One, Class Two, or Class Three, PART 211— ADMINISTRATION taken by a party or parties to the written and notify the parties to the appeal instrument. accordingly. Miscellaneous Amendments (2) Class Two. Appeals from deci 1. Sections 211.1, 211.3, 211.4, and 211.5 sions having effect on the enjoyment of A pp e a l s F rom D e c isio n s o f are amended by revising the headings use under a written instrument in which R egional F oresters to appear as follows: a breach of the terms or provisions of § 211.22 Appeals on classification and such instrument is not the issue under merits. Subpart A— Cooperation With Private appeal. To be classified as a Class Two and State Agencies appeal, the appeal must be taken by a (a) Classification—(1) Appeals. If the appellant believes that the classifica ® 211.1. Cooperation with user organi party or parties to the written instru zations. ment. tion of the case by the regional forester (3) Class Three. Appeals from other is erroneous, he may appeal the classifi § 211,2 [Reserved] appealable decisions involving the ad cation as well as the merits of the deci § 211.3 Cooperation with State offic ministration and management of the na sion to the Board of Forest Appeals, tional forests which do not fall into established by § 211.23, hereinafter re § 211.4 Cooperation for fire preve: ferred to as the “Board”, within the time and control. Class One or Class Two. (b) Exclusions. (1) There are ex specified in § 211.30 for giving notice of §2115 Advance of funds for cOo cluded from tiie application of this sub appeal. In such a case, the statement of live work. part appeals from decisions of contract-- the party appealing the classification ing officers of the Department of Agri shall likewise set forth the class in which FPLSQe,C£°n P '2 of ^ l e 36, Co< culture involving disputed questions of he believes the appeal should be classi followingf o i £ i Regulations' regulations isissued: evoked an< fact under contracts for the construc fied, together with the reasons support tion, alteration, or repair of public ing his position. Upon receipt of ap Subpart B—Appeals From Adm buildings or works, or the purchase of pellants’ notice and statement, the Board trahve Decisions Relating to administrative supplies, equipment, ma shall serve copies thereof on the re terials, or services, provided for in 7 gional forester by certified mail. Administration of the National (2) Preparation and filing of regional °iher Lands Under Ad CPR 1.101 et seq. (2) No appeal may be taken where forester's statement. If the regional for «»ration of the Forest Service the relief appellant seeks is reformation ester’s classification of the case has been Sec Classes of Appeals of a contract or monetary damages or appealed, the regional forester shall, where the jurisdiction of another Gov within the time specified in § 211.30, pre 211-20 G°^fnCt appeals; aPPeals iron ernment agency over the subject matter pare and file with the Board a respon ™ n\ ° * matters other of the appeal supersedes that of the sive statement presenting the facts and contract. Department of Agriculture. considerations upon which his decision Appeals From Decisions of F ores (3) Appeals from decisions of forest on classification was based. Supervisors officers in personnel matters may not (3) Decision of Board on classification. Upon receipt of the appellant’s notice 211,21 N a tio n of appeals. be taken under -the provisions of this subpart. and statement appealing the regional Appeals From Decisions of R egio* forester’s classification and the state F oresters Appeals F rom Decisions of F orest ment of the regional forester support Supervisors 2Uf APPealS °n classiflcation and ir ing his classification, the Board shall Establishment of t h e B oard of F ori § 211.21 Initiation of appeals. classify the appeal upon the written rec ord before considering the case on the 21123 r Appeals (a) Procedure. Any person who is admerits and notify the appellant and re “ S t “ - - versely affected by a decision of a forest gional forester of the classification given supervisor, except a decision denying an the appeal. The classification given by 6346 RULES AND REGULATIONS the Board shall be final unless it is ap sons who are not and have not been (d) Notice of hearing. The parties pealed by the appellant or the regional otherwise employed by the United States to the appeal shall be entitled to at least forester directly to the Secretary, in Government within the past 2 years. thirty (30) days’ notice in writing of the which case the Secretary shall make the The Secretary shall designate a panel time and place set for a hearing before final decision on classification. * Consid of alternates, also composed of three the Board, in fixing the time and place eration by the Board of the case on the regular employees of the Department for the hearing, the Board shall mq>e merits shall be held in abeyance until from agencies other than the Forest every effort to satisfy the convenience of the classification of the appeal is finally Service, including one from the Office of the parties. decided. the General Counsel, whose primary re (e) Absence of parties. In the event (b) Merits—(1) Appeal. Any personsponsibilities are unrelated to the pro of the unexcused absence of an appellant, who is adversely affected by a decision of grams of the Forest Service, and two per respondent, or intervenor at the time a regional forester may take an appeal sons who are not and have not been and place set for a hearing before the on the merits to the Board by filing with otherwise employed by the United States Board, it will consider only the testimony the Board, within the time specified in Government within the past 2 years. and exhibits of the parties in attendance, § 211.30, a written notice of appeal and Such alternates may, upon the request and any such absent party shall be statement of reasons prepared in accord of the chairman, serve as Board members deemed to have waived his right to par ance with the procedure provided for in in the place of members having like ticipate in the hearing. § 211.21. If the appellant desires to ap status who are unable to participate in (f) Prehearing arrangements. The pear or be represented at a hearing be the business of the Board due to absence, Board may direct the parties to an ap fore the Board, the notice shall contain disability, or disqualification. Members peal pending before the Board to appear a request that a hearing be held. If the not otherwise employed by the United at a specified time and place for a con appellant does not request the Board to States Government, including their alter férence to consider or otherwise provide hold a hearing, the regional forester may nates, shall serve on a “When Actually for the following: (1) Simplification or include in his statement a request that Employed” basis, as needed. Regular clarification of issues; <2) possibility of a hearing be held. employees of the Department serving on obtaining stipulations or admissions of (2) Pleadings by regional forester in the Board shall give priority to their fact and of documents; and (3) such appeal involving a hearing. If any party Board duties. Three members, at least other matters as might aid in the dis to an appeal desires that a hearing be one of whom shall not be a regular em position of the appeal. held before the Board, the regional for ployee of the Department, shall con (g) Conduct of hearing. The hearing ester shall, within the time specified in stitute a quorum for the transaction of before the Board shall be conducted in § 211.30, file a motion, answer, or other the business of the Board, except that the such a way as to afford the parties a full responsive pleading with the Board, Board may delegate any one of its mem and complete review of the challenged which shall serve a copy thereof on the bers to conduct a hearing for the purpose decision and to obtain a clear and orderly appellant. of taking the testimony of witnesses and record. The determinations of fact not (3) Statement by regional forester in assembling a record of the proceedings. controverted may be accepted by the appeal not involving a hearing. If nei Board members and alternates shall be Board without further proof. On facts ther the appellant nor the regional for selected for their capacity to serve the in dispute the Board shall not rely on ester wishes a hearing before the Board, public interest and for their suitability any evidence not presented at the hear the regional forester shall include in his by temperament, training, experience ing to support any findings or deter statement a review and presentation of and other qualifications to be objective minations except that which may be the matter as provided by § 211.21, and in their deliberations and decisions. officially noticed. Any party to the ap submit the record, together with the (b) Lack of prosecution. Where anpeal may introduce evidence pertinent statements, to the Board. appellant does not take the necessary ac to the issues. The burden of proof in (4) Procedure by Board. After final tion to prosecute his appeal in accord establishing errors or omissions in the determination of classification, when ance with these regulations, the Board decision of the régional forester or the classification is in issue, the Board shall: may, upon reasonable notice to him, dis Chief shall rest on the party asserting (i) In Class One and Class Two cases miss the appeal for lack of prosecution. the error or omission. The Board may limit or otherwise control the issues to conduct a hearing when requested by any § 211.24 Hearings before the Board. party to the appeal or considered neces be considered on the appeal and the ex sary by the Board, (ii) in Class One cases (a) Request for hearing. A hearing tent of the evidence, testimony, or argu consider the record and decide the ap before the Board in a Class One or Class ment presented. A verbatim transcript peal, (iii) in Class Two cases consider the Two case shall be a matter of right, if of the testimony shall be made, the costs record and make written recommenda requested by the appellant as provided thereof to be borne by the United States. tions thereon to the Chief of the For for in § 211.22. If a hearing is not so Such transcript shall be made available est Service, hereinafter referred to as requested by the appellant, and the state to the appellant at his own expense, the “Chief”, or (iv) in Class Three cases, ment of the forest officer whose decision addition, the following general rules submit the entire record on which the is appealed, namely, the regional forester shall applÿ: ..A decision of the regional forester was or the Chief, contains a request for a (1) The parties may be represents based, together with appellant’s notice hearing, the Board shall proceed to hold at a hearing by any authorized pere and the two statements, to the Chief, a hearing. If such request is not made meeting the requirements of 7 Cï k • without recommendations. by either the appellant or the forest offi (2) The parties may present to ine cer, the Board may in its own discretion Board a signed stipulation setting E stablishment of the Board of F orest hold a hearing. any agreed facts or issues in . Appeals (b) Consideration by Board. If a (3) In addition to the presentation § 211.23 Composition of the Board; hearing is not requested by any party to witnesses and documentary evidence, lack of prosecution. the appeal, and the Board does not con parties may, in the discretion sider that a hearing is necessary for a Board, upon application and with (a) Members, alternates, quorum.decision on the issues, the Board shall to the opposing party, submit There is hereby established a Board of make a written decision in Class One by deposition based upon oral e Forest Appeals whose members shall be cases and written recommendations to tion or written interrogatories or designated by and serve at the pleasure of the Chief in Class Two cases on the ap other form as the Board may aPP • the Secretary of Agriculture. The Board peal on the basis of the record then (4) Witnesses before the B oarJj“ shall be composed of five members, three before it. be required to testify under oat of whom shall be regular employees of (c) Hearings, where• held. Hearings the Department of Agriculture from may be held by the Board at such places (5) All witnesses shall be agencies other than the Forest^Service, cross-examination, and also to e including one from the Office of the Gen in the United States, generally in close eral Counsel whose primary responsibil proximity to the national forest involved, tion by the Board. „ies ities are unrelated to the programs of the as the Board determines the interests of (6) Upon proof of authentic y ,P Forest Service and who shall serve as the parties to the appeal will be best of papers, books, records, chairman, and two of whom shall be per served. shall be accepted as evidence m Thursday, May 6, 1965 FEDERAL REGISTER 6347 the submission of the original documents Two case is to the Chief, the Board shall (c) Class Three cases; appeals from where such submission is not practicable. make written recommendations to the initial decisions of Chief and from deci (7) The Board shall receive only evi Chief concerning the issues under appeal. sions of Chief in appeals from decisions dence which is germane to the issues Upon receipt of the Board’s recommen of regional foresters. When an appeal involved and shall exclude evidence dations, the Chief shall make a written in a Class Three case is to the Secretary which is immaterial, irrelevant, or un decision on the appeal. The decision of from an initial decision of the Chief duly repetitious. Where evidence is ex the Chief shall not be limited by the or from a. decision of the Chief in an cluded, the party affected may introduce determinations of fact or the recommen appeal from a decision of a regional in the record an offer of proof and the dations of the Board. forester, the case shall remain outside objecting party may introduce an offer (b) Class Three cases, outside of juris of the jurisdiction of the Board, and the of proof in rebuttal. diction of Board. When an appeal from Secretary shall make a written deci (8) At the conclusion of the testimony a decision of a regional forester in a sion on the appeal based on the record of all witnesses, the Board may allow the Class Three case is to the Chief, he shall upon which the Chief’s decision was parties to make an oral argument in consider the appeal and make a written based. A public hearing may, however, sum m a tio n of the testimony presented decision thereon without recommenda be called by the Secretary on his own at the hearing. tions from the Board. initiative in any case in which he deems (9) The weight to be given evidence the issues to be of sufficient public im presented in any particular form shall A ppeals P rom D e c isio n s of th e C h ie f portance. be determined by the Board in the exer § 211.27 Procedure. D e f in it io n s cise of a reasonable discretion in the cir (a) Initial decisions of Chief. Any § 211.29 Terminology. cumstances of the particular case. person who is adversely affected by an (10) Briefs may be submitted, either initial decision of the Chief may take an (a) National forests. The term “na on request of the parties or the Board, appeal to the Board in the manner pro tional forests” as used in this subpart in accordance with instructions issued vided for in § 211.22. shall include national forest lands and by the Board, and the opposing parties (b) Other decisions of Chief. Any other lands under the administration of shall have opportunity to file a reply person who is adversely affected by a de the Forest Service. brief within a time limitation fixed by cision of the Chief in an appeal from a (b) Decision, The term “decision” as the Board. decision of a regional forester may take used in this subpart shall include any § 211.25 Action by the Board. an appeal to the Secretary by filing with order, ruling, or other exercise of discre the Chief a written notice of appeal and tion by a forest supervisor, regional for (a) Class One cases, decisions, final. statement of reasons prepared in accord ester, or the Board having a substantial The Board shall make decisions in ap ance with the procedure provided for in effect on private rights. peals arising under Class One which § 211.21. Upon receipt of the notice and (c) Person. The term “person” as shall be final, conclusive and binding on statement, the Chief shall prepare his used in this subpart shall include, but the parties thereto, except as they may own statement setting forth the facts and not necessarily be limited to, any part be subject to review as provided by law. circumstances upon which his decision nership, or any public or private cor The chairman of the Board shall be re was based and shall transmit the record poration, association, or agency. sponsible for the preparation of the de to the Secretary. (d) Regional forester. The term cision of the Board which shall be signed (c) Classification, appeals. When an “regional forester” as used in this sub by all members who concur therein. A initial decision of. the Chief is appealed, part shall include any other field offi request for reconsideration of a decision the Chief shall classify the appeal as an cers reporting directly to the Chief. may be made to the Board by any party appeal under Class One, Class Two, or (e) Written instrument. The term to an appeal within thirty (30) days from Class Three, and shall notify the appel “written instrument” as used in this sub the date of the decision. Reconsider lant of such classification. The appel part includes all written contracts, ation of a decision, which may include a lant may contest such classification by agreements, permits, or other instru hearing or rehearing, may be granted taking, an appeal to the Board in the ments having the legal effect of con or denied at the discretion of the Board. manner provided for in § 211.22, and tracts. (b) Class Two cases, recommenda A dditional P rocedures tions, advisory. In Class Two cases either party may appeal directly to the which are- on appeal before the Chief, Secretary the decision of the Board as § 211.30 Filing of notice of appeal and to classification. statement of reasons; extension of the Board shall make written advisory time; consolidation of appeals; in recommendations, together with support D e c isio n s of th e S ecretary ing determinations of fact, for the con- tervention. § 211.28 Decisions in Class Two and (a) Filing of notice; no extension of sideration of the Chief. The Chairman Class Three cases. the Board shall be responsible for the time. Any decision in a Class One or Preparation of the recommendations of (a) Class Two cases; appeals from Class Two case which is appealable under mLu°ar^ which shall be signed by all initial decisions of Chief. When an ap this subpart shall be final unless the per who concur therein. The peal on the merits in a Class Two case son adversely affected by the decision oard shall thereupon transmit the rec- from an initial decision of the Chief is shall, within thirty (30) days from re ’together with the recommendations filed with the Board,'it shall make rec ceipt of the decision, file a written notice oi the Board, to the Chief. ommendations oh the appeal and refer of appeal and a written statement of rea Three cases, outside of juris- them, together with the record, to the sons prepared in accordance with the °ard- ™hen an aPPeal in a Secretary for. his consideration. Upon procedure provided for in § 211.21, except Board ^ase is submitted to the receipt thereof, the Secretary shall make that (1) the written statement of reasons rectlv appeal di- a written decision oh the appeal. This may be filed within said thirty (30) day decision shall not be limited by the de period or within such additional time for tionsy t0 the Cblef without recommenda- terminations of fact or the recommenda filing the statement as may be granted tions of the Board. BoardC°rZ rrenCe by members of under paragraph (c) of this section, (2 ) °f the Concarrence of a majority (b) Class Two cases; appeals from de in an appeal from a decision in a Class ticipate 6rS of. the Board who par- cisions of Chief in appeals from decisions Three case, the notice of appeal shall be within .ke.eepsideratior ofan appeal of regional foresters. When an appeal filed within ninety (90), days from the in a Class Two case is to the Secretary date of the decision. No extension of to constitute dlCt-i0-n Sha11 be sufflcient from a decision of the Chief in an appeal time shall be granted for filing a notice such appeal & decislon of the Board on from a decision of a regional forester, the of appeal in any case. Secretary shall make a written decision (b) Statement of forest officer. The A ction by the C h ie f on the appeal based on the record upon written statement, motion, answer, or which the Chief’s decision was based, in other responsive pleading of a forest offi aass Tw° - cluding the recommendations made by cer required by §§ 211.21, 211.22, and the Board. The decision of the Secre 211.27 shall be filed by the forest officer by &BoardSSvm,0 cases> reeommendatic tary shallli6t be limited by the recom within thirty (30) days after receipt of ard- ^ e n an appeal in a Cli mendations of the Board. the notice of appeal, or the statement of V 6348 RULES AND REGULATIONS reasons If it does not accompany the no thirty (30) days from receipt of notice ment of facts, (2) conclusion, and (3) tice, or within such additional time as of the decision on reconsideration, take reasons upon which the conclusion is may be granted under paragraph (c) of an appeal from such decision by filing a based. this section. written notice of appeal and statement (c) Action to be taken within sixty (c) Filing of statements; extension of of reasons prepared in accordance with (60) days. On or before the expiration time. Additional time for the filing of the procedure provided for in § 211.21. of sixty (60) days after the receipt of appellant’s written statement of reasons §211.32 Oral presentation. the record by the reviewing forest officer or the statement, motion, answer, or or the Board, as the case may be, the re other responsive pleading of a forest offi Production of additional evidence. In viewing forest officer or the Board shall cer may be granted by the reviewing appeals from decisions of forest super either make a decision, provide for the forest officer, the Board, or the Secretary, visors, upon the written request of an production of additional evidence and as the case may be, considering the appellant made within fifteen (15) days information, or remand the case as pro appeal. after the filing of the statement of rea vided by § 211.33. If the production of (d) Consolidation of appeals. When sons accompanying the notice of appeal, additional evidence or information is re two or more persons are adversely af the reviewing forest officer shall afford quired or the case is remanded, the re fected by the same decision of a forest the appellant an opportunity to present viewing forest officer or the Board shall officer and file separate appeals there his views orally. notify the parties to the appeal. If more from, the reviewing officer or the Board § 211.33 Remand. than sixty (60), days are required for a may consolidate all such appeals in the decision after the entire record is re same appeal. Incomplete record. If the reviewing ceived, the reviewing forest officer or the (e) Intervention. Persons who may forest officer, the Board, or the Secretary Board shall notify the appellant and the be adversely affected by the modification considers the statements and record in forest officer whose decision is under ap or reversal of a decision under appeal adequate to support a decision on the peal and specify the reasons for the delay. may, upon request made in writing within appeal, such officer, the Board, or the (d) Copies to parties, publication. A a reasonable time, be permitted by the Secretary may provide for the produc copy of the decision of any reviewing reviewing officer or the Board to inter tion of such additional evidence or in forest officer, the Board, or the Secretary vene, but only to the extent that their formation as may be appropriate or may shall be furnished to each party to an intervention does not raise issues fgjreign remand the case with appropriate in appeal. Decisions of the Board, the to those under appeal. In exercising dis structions for further action. Chief, and the Secretary shall be pub cretion as to whether to permit interven § 211.34 Record in case under appeal. lished in the manner determined by the tion, the reviewing officer or the Board Secretary. shall consider whether the intervention Documents constituting record, avail (e) Not automatically stayed. A deci will unduly delay or prejudice the deter ability of record to appellant. The docu sion from which an appeal is taken shall mination of the rights of the original ments and files, testimony, exhibits, not be automatically stayed by filing a parties. Where a person is permitted to briefs and memoranda filed by the par notice of appeal. If a request for a stay intervene, the forest officer whose deci ties on which the decision of a forest is made by an appellant prior to the fil sion is under appeal shall not be required officer or the Board was based, consti ing of a notice of appeal, the effective to file his responsive pleading until at tute the record in a case under appeal. date of the decision may be stayed by least thirty (30) days after the pleadings The forest officer, the Board, or the Sec the forest officer who made the decision. of the intervenor have been filed. Anin- retary shall make the record available If the deciding forest officer has lost tervenor shall be bound by all proceed to the appellant upon request for exami control of the case by the filing of a no ings in an appeal up to the time he is nation prior or subsequent to the filing tice of appeal, the request for stay shall permitted to intervene. of the notice of appeal and statement be directed to the deciding forest officer’s of reasons. § 211.31 Requests for reconsideration immediate superior. All requests for of decision; appeals. § 211.35 Service of papers. stays by appellants and the granting or How made. A copy of all statements denial of such requests by forest officers (a) Time limit. Any person who is shall be in writing. adversely affected by a decision of a of reasons, pleadings, briefs, and other forest officer may, within thirty (30) papers pertaining to an appeal filed with §211.37 Continuance of appeals. days from receipt of the decision, file any forest officer, the Board, or the Sec Pending cases. Appeals from deci with such forest officer a written request retary shall be served on each party to sions of forest officers which have al for reconsideration of the decision, and the appeal or his attorney or agent at ready been initiated and are pending on a written statement setting forth the rea the time of filing. Service of papers shall the date of the promulgation of this sub- sons supporting the request for recon be made personally or by mailing by cer part shall be subject to and continue? sideration. Hie written statement may tified or registered mail, return receipt under the rules and regulations existing be filed within said thirty (30) day period requested. at the time of the initiation of the appeal- or within such additional time for filing § 211.36 Decisions. (30 Stat. 35 as amended, 16 U.S.C. 551; M the statement as may be granted by the (a) Preponderance of evidence. The S tat. 526,7 U.S.C. 1011(f) ; R-S. 161 as amend reviewing forest officer, the Board, or the decision of any forest officer, the Board, Secretary, as the case may be, consid ering the appeal. No extension of time or the Secretary shall be based on the Done at Washington, D.C., this 3d day Shall be granted for filing such request preponderance of the evidence contained ! May 1965. for reconsideration. in the record. O rville L. F reeman-, (b) Inclusion of facts, conclusions and Secretary. (b) Appeals from decisions on recon 5, 1965; sideration. Any person filing such re reasons. Decisions of all forest officers \R. Doc. 65-4827; Filed, May quest for reconsideration may, within and of the Board shall include (1) state (a) Which is issued during such year ing of subparagraph (2) of this para DEPARTMENT OF THE TREASURY to a qualifying patron as defined in sub- graph. paragraph (2) of this paragraph, and (e) Tax treatment of cooperative as Internal Revenue Service (b) Which clearly states the fact that sociations; taxable years for which para [26 CFR Part 1 1 the patron has agreed to treat the stated graph (d) of this section does not apply. dollar amount thereof as representing a (1) A cooperative association shall, in INCOME TAX; TREATMENT OF PER- cash distribution to him which he has computing its cost of goods sold for any UNIT RETAIN CERTIFICATES reinvested in the cooperative association. taxable year for which paragraph (d) (ii) Any amount paid in redemptionof this section does not apply to such Notice of Proposed Rule Making of a per-unit retain certificate which was association, include per-unit retain cer Notice is hereby given, pursuant to the issued to a patron, who, for the year in tificates at their fair market value at Administrative Procedure Act, approved which it was issued, was not a qualifying the time of issue. June 11, 1946, that the regulations set patron as defined in subparagraph (2) . (2) An amount paid in redemption of forth in tentative form below are pro of this paragraph, shall be taken into ac a per-unit retain certificate issued dur posed to be prescribed by the Commis count in computing the association’s cost ing a taxable year of the cooperative sioner of Internal Revenue, with the ap of goods sold for the taxable year of association for which paragraph (d) of proval of the Secretary of the Treasury redemption. This subdivision shall ap this section did not apply to the associa or his delegate. Prior to the final adop ply only to amounts paid in redemption tion, shall, to the extent such amount tion of such regulations, consideration of per-unit retain certificates issued dur exceeds the fair market value of the will be given to any comments or sug ing taxable years of the cooperative as certificate at the time of its issue, be gestions pertaining thereto which are sociation for which this paragraph ap taken into account in computing the as submitted in writing, in duplicate, to plied to the association. sociation’s cost of goods sold for the the Commissioner of Internal Revenue, (2) (i) ,A patron shall be considered to taxable year of redemption. Attention: CC:LR:T, Washington, D.C., be a “qualifying patron” with respect to (3) For purposes of this paragraph 20224, within the period of 30 days from a per-unit retain certificate if, for the and paragraph (f) (2) of this section, any the date of publication of this notice in taxable year of the cooperative associa per-unit retain certificate containing an the Federal R egister. Any person sub tion during which the certificate is is unconditional promise to pay a fixed sum mitting written comments or suggestions sued; there is in effect an agreement by of money on demand or at a fixed or who desires an opportunity to comment the patron to treat the stated dollar determinable time shall be considered to orally at a public hearing on these pro amounts of all per-unit retain certificates have a fair market value at the time of posed regulations should submit his re issued to him by the association as rep its issue, unless it is clearly established quest, in writing, to the Commissioner resenting cash distributions to him which to the contrary. On the other hand, any within the 30-day period. In such case, he has reinvested in the cooperative as per-unit retain certificate (other than a public hearing will be held, and notice sociation. Such agreement must be in capital stock) which is redeemable only of the time, place, and date will be pub writing, signed by the patron, and on file in the discretion of the cooperative as lished in a subsequent issue of the F ed with the cooperative association. No sociation, or which is otherwise subject eral Register. The proposed regulations special form is required for the agree to conditions beyond the control of the are to be issued under the authority con ment so long as the document on which patron, shall be considered not to have tained in section 7805 of the Internal it is made clearly discloses its terms. any fair market value at the time of its Revenue Code of 1954 (68A Stat. 917; 26 (ii) Unless the agreement described issue, unless it is clearly established to U.S.C. 7805). in subdivision (i) of this subparagraph the contrary. specifically provides to the contrary, it (f) Tax treatment of patron. (I) The [seal] S heldon S . C o h e n , shall be effective for the taxable year of following rules apply for purposes of Commissioner of Internal Revenue. the cooperative association in which the computing the amount includible in gross order to revise the rules relating t agreement is received by the association income with respect to a per-unit retain the treatment of per-unit retain certifi and, unless revoked, for all subsequent certificate which was issued to a patron cates to be issued by certain cooperativ taxable years. by a cooperative association during a tax- associations during taxable years begin (iii) The agreement described in sub ' able year for which paragraph (d) of this pmg after June 30, 1965, with respec division (i) of this subparagraph must be section applies to the association; w patronage occurring during sue revocable by the patron at any time (1) If the patron is a qualifying patron rvn ’J he Income Tax Regulations (2 after the close of the taxable year in with respect to such certificate (within JrfVu -T 1} under sections 61 and 52 which it is made. To be effective, a the meaning of paragraph (d) (2) of this oi tne Internal Revenue Code of 195 revocation must be in writing, signed by section), he shall include (as ordinary are amended as follows: the patron, and furnished to the coopera income) the stated dollar amount of the hv vRA-GI?ApH Section 1.61-5 is amende tive association. A revocation shall be certificate in gross income for the year vLnlV1Smg the secti°n heading, by re effective only with respect to taxable in which the certificate is received by nSolPauagraph (d) > and by adding ne' years of the cooperative association fol him. ameiXhs (e) ’(f) ’ (g) *and (h) • Thes lowing the taxable year in which it is (ii) If the patron is not a qualifying follows^ and added Pr°visions read e patron with respect to such certificate, filed with the cooperative association. no amount is includible in gross income (iv) The following is an example of an on the receipt of the certificate; however, .Allocations by cooperative a agreement which would meet the re sociauons; per-unit retain certif any gain on the redemption, sale, or other ,. es tax treatment as to coopers quirements of this subparagraph: disposition of such certificate shall, to the lives and patrons. I agree that, for purposes of determining extent that the stated dollar amount ***** the amount I have received from this co- thereof exceeds its basis, be considered opérative in payment for my goods, I shall as gain from the sale or exchange of t r e a t m e n t ^ a i n certificates; to treat the face amount of any per-unit retain property which is not a capital asset. distribute ° c°°Verative associatiom Certificates issued to me on and after ------(iii) Any per-unit retain certificate tive m°m a7!id reinvestment alternc as representing a cash distribution to me subject to the rules of this subparagraph, shall „ 1J A cooperative associatio which I have reinvested in the cooperative. which is issued to a patron who is not a for anv its cost of S°ods sol (Signed) qualifying patron with respect to such grapKSab ! ^ f°r Which this par£ certificate, shall have a basis of zero in the stated the association, indue (3) This paragraph shall apply to any the hands of such patron. retain c ^ t i w aiPount of any Per-un taxable year of a cooperative associa (2) The amount of the fair market tion for which one or more of its patrons value of a per-unit retain certificate are qualifying patrons within the mean which is issued to a patron by a coopera- No. 87___ a 6349 6350 PROPOSED RULE MAKING tive association during a taxable year of within the meaning of § 1.61-5Cd) (2)) proposed a revision of the official United the association for which paragraph (d) than it pays on qualified written notices States standards for grades of wool in of this section does not apply shall be of allocation held by persons who have the F ederal R egister (20 F.R. 1891) on included, as ordinary income, in the gross so consented (or on per-unit retain cer March 29, 1955. income (¿the patron for the taxable year tificates issued to patrons who are qual Basically, that proposal involved the in which the certificate is received. Any ifying patrons with respect thereto) addition of 2 new grades to the original gain on the redemption, sale, or other provided that the amount of the interest series of 12 grades, 80’s through 36’s. disposition of such a per-unit retain cer or dividend reduction is reasonable in The first of the new grades was between tificate shall, to the extent its stated dol relation to the fact that the association the existing 64’s and 60’s grades and was lar amount exceeds its fair market value receives no tax benefit with respect to designated as 62’s while the second was at the time of issue, be treated as gain on such nonqualified written notices of al between the existing 56’s and 50’s grades the redemption, sale, or other disposition location (or such certificates issued to and was designated as 54’s. Grade was of property which is not a capital asset. nonqualifying patrons) until redeemed. based on average fiber diameter and fiber (g) “Per-unit retain certificate” de However, such an association will be diameter dispersion. Requirements for fined. For purposes of paragraphs (d) , denied exemption if it otherwise treats average fiber diameter and fiber dis (e), and (f), of this section, the term patrons who have not consented (or are persion were prescribed for each of the “per-unit retain certificate” means any not qualifying patrons) differently from fourteen grades. That proposed set of capital stock, revolving fund certificate, patrons who have consented (or are standard requirements had for its base retain certificate, certificate of indebted qualifying patrons), either with regard the average fiber diameter limits and ness, letter of advice, or other written to the original payment or allocation or fiber diameter dispersion standard re notice— with regard to the redemption of written quirements for wool top (7 CFR 31.101- (1 ) Which is issued to a patron in pay notices of allocation or per-unit retain 31.114). That proposal was not adopted ment for goods purchased from the certificates. For example, if such an as considerable opposition was expressed patron or as evidence of an amount dis association pays patronage dividends in by the trade. For the next few years, tributed to the patron in payment for the form of written’notices of allocation modifications of the standards proposed goods purchased which he has reinvested accompanied by qualified checks, and in 1955 were demonstrated, field tested, in the cooperative association; provides that any patron who does not and discussed with various wool growing, (2) Which discloses to the patron the cash his check within a specified time marketing, manufacturing, and trade stated dollar amount allocated to him will forfeit the portion of the patronage groups, and with interested Federal on the books of the cooperative associa dividend represented by such check, then agencies. As a result of numerous dis tion; and . j/f-,. : the cooperative association will be denied cussions and after studying a modifica (3) The stated dollar amount of which exemption under this section as it does tion of the 1955 proposal used in classi is fixed without reference to net earn not treat all patrons alike. fying 1,266 lots of wool covering the ings. [F.R. Doc. 65-4779; Filed, May 5, 1965; entire range of grades, the Department (h) Effective date. This section shall 8:48 a.m.] again proposed a revision in the stand not apply to any amount the tax treat ards. This proposal was published in ment of which is prescribed in section the F ederal R egister (28 F.R. 696) on 1385 and § 1.1385-1. Paragraphs (d), January 25, 1963. (e), and (f), of this section shall apply DEPARTMENT OF AGRICULTURE Under that proposal, grade was based to per-unit retain certificates as defined Consumer and Marketing Service on average fiber diameter only. in paragraph (g) of this section issued diameter dispersion was not a criterion by a cooperative association during tax [ 7 CFR Part 31 1 of grade as proposed in 1955. Instead, able years beginning after June 30,1965, a fiber diameter uniformity guide was with respect to patronage occurring dur WOOL AND WOOL TOP STANDARDS proposed for optional use with the grade ing such years. standards. This guide provided for five Proposed Standards for Grades different levels of fiber diameter uni P ar. 2. Paragraph (f) of § 1.521-1 is Notice is hereby given in accordance formity for wool of each grade. These amended to read as follows: with section 4 of the Administrative levels ranged from “exceptionally urn* §1.521—1 Farmer’s cooperative mar Procedure Act (5 U.S.C. 1003) that pur form” to “extremely variable.” Li« keting and purchasing associations; suant to authority conferred by the 1955 proposal, however, the 1963 pro requirements for exemption under Agricultural Marketing Act of 1946, as posal also added grades 62’s and section 521. amended (7 U.S.C. 1621, et seq.), it is the 12 grade series and prescribed a - * * * * .V * proposed to revise the official standards age fiber diameter specifications inJ . m (f) A cooperative association will notof the United States for grades of wool of microns for the 14 grades. Pr0^ be denied exemption merely because it (7 CFR 31.1-31.12) and the provisions also were included for grading woolsOner makes payments solely in nonqualified governing methods for determining the than 80’s and coarser than 36 s. Me written notices of allocation to those grade of wool and distribution of prac ods and procedures for gtermuP« patrons who do not consent as provided tical forms of wool and wool top grade grade of wool by visual inspectiod am in section 1388 and § 1.1388-1, but makes standards (7 CFR 31.51, 31.201, 31.202, by measurement also were descrineo. payments of 20 percent in cash and the 31.203, and 31.204), and to make inci Provision was also made whereby remainder in qualified written notices of dental editorial changes in the pro fled samples representing the .. hte allocation to those patrons who do so visions for determining conformity of wool top grades would be mad consent. Nor will such an association wool top (7 CFR 31.151). to the public at a specified price. be denied exemption merely because, in Statement of considerations. Grade By the close of the rulemaking P the case of patrons who have so con standards for wool, as originally promul May 25,1963, com m ents in support oi^ gated in 1926, were based on fiber diam revision had come from domes f W sented, payments of less than $5 are producing and marketing organ^aU^ made solely in nonqualified written eter determined by visual examination, and the samples of wool representing Also, educational institutions , notices of allocation while payments of urged their adoption.'nje ent t0 $5 or more are made in the form of 20 these grades were classified visually. To percent in cash and the remainder in determine grade by using these stand industry concurred with the P and qualified written notices of allocation. ards, the fiber fineness in the fleece was include two additional gra es, the In addition, a cooperative association compared with that in the samples repre 54’s. At its January 1964 meen will not be denied exemption if it pays sentative of the official grades. Changes National Wool Growers adoption a smaller amount of interest or dividends in wool marketing and importing prac passed a resolution urging tices since 1926 have limited the useful of the proposed standards. the on nonqualified written notices of allo An ad hoc committee r e p r ^ n t i ^ cation held by persons who have not con ness of these standards. With advance sented as provided in section 1388 and ments in objective sampling and meas wool import and mafnJJf^ ^ ! d e r the § 1.1388-1 (or on per-unit retain certifi uring procedures for determining grade tries which was created to use of and in recognition of the limitations of proposed revision opposed « 1 basis cates issued to patrons who are not qual average fiber diameter as the sole ifying patrons with respect thereto the visual standards, the Department Thursday, May 6, 1965 FEDERAL REGISTER 6351 for determining grade under the proposal R egister (28 F.R. 696) on January 25, § 31.5 Grade 62’s. and contended that fiber-diameter-dis 1963, that proposal is not being adopted Wool with an average fiber diameter of tribution should be an integral part of and is no longer under consideration. 22.05 to 23.49 microns, inclusive, and a grade determination. It was suggested The proposed standards for grades standard deviation in fiber diameter of to the Department that the proposed of wool as outlined herein follow closely 5.89 microns or less. revision be officially presented by repre the recommendations of the working sentatives of the Government to appro groups involved in the above-referenced § 31.6 Grade 60’s. priate committees of the American testing of the technical aspects of the Wool with an average fiber diameter Society for Testing and Materials previously proposed standards. Grade of 23.50 to 24.94 microns, inclusive, and (ASTM) for consideration and action; determination is based on average fiber a standard deviation in fiber diameter and also that the different aspects of the diameter and variation of fiber diameter. of 6.49 microns or less. proposed standards be studied by work The number of grades and the average ing representatives of industry and Gov fiber diameter limits of each grade mre § 31.7 Grade 58’s. ernment who were members of these the same as those previously proposed on Wool with an average fiber diameter committees. The ASTM is a national January 25,1963. A maximum variabil of 24.95 to 26.39 microns, inclusive, and nonprofit, educational, scientific, and ity in fiber diameter is also established a standard deviation in fiber diameter of technical society devoted to “the promo for each grade and in wool of a given 7.09 microns or less. tion of knowledge of materials of engi average fiber diameter, if its fiber diam neering, and the standardization of spec eter variability exceeds that specified § 31.8 Grade 56’s. ifications and the methods of testing.” as maximum for wools of that average Wool with an average fiber diameter Committee D-13 covers textile materials. fiber diameter, the wool is assigned the of 26.40 to 27.84 microns, inclusive, and a Subcommittee A-3 deals with wool fibers next coarser grade. standard deviation in fiber diameter of and is made up primarily of technical Inasmuch as fiber diameter uniformity 7.59 microns or less. representatives of textile manufacturers, is included as a grade-determining fac commercial testing companies, industrial tor in these proposed standards, the fiber § 31.9 Grade 54’s. laboratories, and the Federal^ Govern diameter uniformity guide proposed for Wool with an average fiber diameter of ment. The ad hoc committee expressed use on an optional use basis ln the Jan 27.85 to 29.29 microns, inclusive, and a its feeling that participation in this man uary 25, 1963, proposal is not included in standard deviation in fiber diameter of ner by the ASTM and industry would the proposal outlined herein. 8.19 microns or less. assure full trade concurrence with pro The named and similar wools provided §31.10 Grade 50’s. posed recommendations that might be for in Items 306.10-306.14, Schedule 3, made by the working groups. sec. 1202, Tariff Act of 1930 (19 U.S.C. Wool with an average fiber diameter Subsequently, a meeting among repre 1202, Schedule 3, Items 306.10-306.14) of 29.30 to 30.99 microns, inclusive, and sentatives of the Department, U.S. Cus will not be subject to grading under these a standard deviation in fiber diameter of toms, the industry ad hoc committee, standards for purposes of that Act. 8.69 microns or less. the National Wool Growers Association A. It is proposed to delete the provi §31.11 Grade 48’s. and ASTM, resulted in the Department’s sions for official standar Sec. 9. Grade. Coos, Douglas, Lane, and Klamath in tions for initial members and alternate the State of Oregon. members of the committee are not filed "Grade” means any one of the officially pursuant to, and within the time speci established grades of pears as defined Sec. 15. Export. fied in this section, the Secretary may and set forth in: “Export” means to ship pears to any select such initial members and alternate (a) United States Standards for Pears destination which is not within the 48 members without regard to nominations, (20 F.R. 5620, effective August 20, 1955) contiguous States, or the District of Co but selections shall be on the basis of thé or amendments thereto, or modifications lumbia of the United States. representation provided for in section 20. thereof, or variations based thereon; or Sec. 16. Pack. (b) Successor members. (1) The (b) Standards for Pears issued by the committee shall hold or cause to be held, State of Oregon and the State of Wash “Pack” means the specific arrange not later than June 1 of each year, sep ington or amendments thereto, or mod ment, size, weight, count, or grade of a arate meetings of growers and handlers ifications thereof, or variations based quantity of pears in a particular type in each district for the purpose of desig thereon. and size of container, or any combina nating nominees for successor members Sec. 10. Size. tion thereof. and alternate members of the committee, Sec. 17. Container. which shall be publicized and open to all “Size” means the number of pears growers and handlers. At each such which can be packed in a standard west “Container” means a box, bag, crate, meeting, a chairman and a secretary ern pear box 18 inches long, ÏI Y2 inches lug, basket, carton, package, or any other shall be selected by the growers and han wide, and 8 V2 inches deep (inside meas type of receptacle used in the packaging dlers eligible to participate therein. The urements) when packed in accordance or handling of pears. with the packing requirements of the chairman shall announce at the meeting A dministrative B ody the number of votes cast for each per U.S. Standards for Pears (effective Au son nominated for member or alternate gust 20, 1955), or as such standards Sec. 20. Establishment and membership. member and shall submit promptly to the thereafter may be modified, or “Size” There is hereby established a North-? committee a complete report concerning means the greatest diameter measured west Fresh Bartlett Pear Marketing such meeting. The committee shall, in through the center of the pear at right Committee consisting of fourteen (14) turn, promptly submit a copy of each angles to a line running from the stem members, each of whom shall have an such report to the Secretary. to the blossom end, or such other specifi alternate who shall have the same qual (2) Only growers, including duly au cations as may be established by the ifications as the member for whom he thorized officers or employees of grow committee, with the approval of the Sec is an alternate. Eight (8) of the mem ers, who are present at such nomination retary, or as “Size” may be more spe bers and their respective alternates shall meetings may participate in the nomina cifically defined in a regulation issued be growers or officers or employees of tion and election of nominees for grower hereunder. growers. Six (6) of the members and members and their alternates. Each Sec. 11. Grower. their respective alternates shall be han grower shall be entitled to cast only one dlers or officers or employees of han vote for each nominee to be elected in “Grower” is synonymous with producer dlers. Each district shall be represented the district in which he produces pears. and means any person who produces on the committee by two (2) grower No grower shall participate in the elec pears for market and who has a proprie members and their respective alternates tion of nominees in more than one dis tary interest therein. who are producers of pears in such dis trict in any one fiscal year. If a person Sec. 12. Handler. tricts. The Yakima and Medford Dis is both a grower and a handler of pears, “Handler” is synonymous with shipper tricts shall be represented on the com such person may vote either as a grower and means any person (except a common mittee by two (2) handler members and or as a handler but not as both. or contract carrier transporting pears the Wenatchee and Mid-Columbia Dis (3) Only handlers,'Including duly au tricts by one (1) handler member who thorized officers or employees of han owned by another person) who handles are handlers of pears in such districts. pears. dlers, who are present at such nomina Sec. 21. Term of office. tion meetings may participate in the Sec. 13. Handle. nomination and election of nominees for The term of office of each member and “Handle” or “ship” means to sell or handler members and their alternates. alternate member of the committee shall Each handler shall be entitled to cast transport pears within the production be for two years beginning July 1 and area or between the production districts only one vote for each nominee to he ending June 30: Provided, That the elected in the district in which he han and any point outside thereof : Provided, term of office of one-half of the initial That the term “handle” shall not include dles pears. No handler shall participate grower members and alternates and one- in the election of nominees in more than the transportation within the production half of the initial handler members and district from the orchard where grown one district in any one fiscal year. It a alternates from the Yakima and Med person is both a grower and a hanaier to a packing facility located within such ford Districts and the handler member district for preparation for market. of pears,’“such person may vote eitn and alternate from the Wenatchee Dis as a grower or as a handler but not Sec. 14. District. trict shall end June 30, 1966. Members and alternate members, shall serve in both. “District” means the applicable one of Sec. 23. Selection. the following described subdivisions of such capacities for the portion of the the production area, or such other sub term of office for which they are selected From the nominations made divisions as may be prescribed pursuant and have qualified and until their re to section 22 or from other q u a im e a per to section 31 (m) : spective successors are selected and have sons, the Secretary shall select the (a) Wenatchee District shall include qualified. grower members of the committee, t the Counties of King, Chelan, Douglas, Sec. 22. Nomination. handler members of the committe , an alternate for each such member. Grant, Lincoln, Spokane, and all other (a) Initial members. Nominations for counties north thereof. each of the initial members of the com Sec. 24. Failure to nominate. (b) Yakima District shall include all mittee, together with nominations for of the "State of Washington not included If nominations are not made wtthbj the initial alternate members for each' the time and in the manner presg“ in the Wenatchee District or in the Hood position, may be submitted to the Secre River-White Salmon District. in section 22, the Secretary niay, tary by individual growers and handlers. regard to nominations, select th (c) Mid-Columbia District or the Hood Such nominations may be made by bers and alternate members of the c River-White Salmon District shall in means of separate group meetings of the mittee on the basis of the représentât* clude those counties in the State of Ore growers and handlers concerned in each provided for in section 20. gon not included in the Medford District district, which shall be publicized and and the Counties of Skamania and open to all growers and handlers. Such Sec. 25. Acceptance. Klickitat in the State of Washington. nominations, if made, shall be filed with Any person selected by the ^member (d) Medford District shall include the the Secretary no later than the effective as a member or as an alternat g Counties of Jackson, Josephine, Curry, date of this part. In the event nomina r»f tbp p/MnmittPft shall Qualify 5^ Thursday, M ay 6, 1965 FEDERAL REGISTER 6357 a written acceptance with the Secretary (e) To prepare periodic statements ofthe report. This annual report shall promptly after being notified of such the financial operations of the commit contain at least: (a) A complete review selection. tee and to make copies of each such of the regulatory operations during the statement available to growers and han fiscal period; (b) an appraisal of the Sec. 26. Vacancies. dlers for examination at the office of the effect of such regulatory operations upon To fill any vacancy occasioned by the committee; the pear industry; and Cc) any recom failure of any person selected as a mem —, (f ) To cause its books to be audited by mendations for changes in the program. ber or as an alternate member of the a competent accountant at least once committee to qualify, or in the event of each fiscal year and at such time as the E xpenses and Assessments the death, removal, resignation, or dis Secretary may request; Sec, 40. Expenses. qualification of any member or alternate (g) To act as intermediary between The committee is authorized to incur member of the committee, a successor the Secretary and any grower or handler; such expenses as the Secretary finds for the unexpired term of such member (h) To investigate and assemble data are reasonable and likely to be incurred or alternate member of the committee on the growing, handling, and market by the committee for its maintenance shall be nominated and selected in the ing conditions with respect to pears; and functioning and to enable it to exer manner specified in sections 22 and 23. . (i) To submit to the Secretary such cise its powers and perform its duties in If the names of nominees to fill any such available information as he may request; accordance with the provisions of this vacancy are not made available to the (j) To notify producers and handlers part during each fiscal period. The Secretary within a reasonable time after of all meetings of the committee to con funds to cover such expenses shall be such vacancy occurs the Secretary may sider recommendations for regulations; acquired by the levying of assessments fill such vacancy without regard to nomi (k) To give the Secretary the same no as prescribed in section 41. nations, which selection shall be made tice of meetings of the committee as is on the basis of representation provided given to its members; Sec. 41. Assessments. for in section 20. (l) To investigate compliance with the (a) Each person who first handles Sec. 27, Alternate members. provisions of this part; and pears shall, with respect to the pears so (m) With the approval of the Secre handled by him, pay to the committee An alternate member of the commit tary to redefine the districts into which upon demand such person’s pro rata tee, during the absence or at the request the production area is divided, and to share of the expenses which the Secre of the member for whom he is an alter reapportion the representation of any tary finds will be incurred by the com nate, shall act in the place and stead district on the committee: Provided, That mittee during each fiscal period. Each of such member and perform such other any such changes shall reflect, insofar such person’s share of such expenses duties as assigned. In the event of the as practicable, shifts in pear production shall be equal to the ratio between the death, removal, resignation, or disquali within the districts and the production total quantity of pears handled by him fication of a member, his alternate shall area. act for him until a successor for such as the first handler thereof during the Sec. 32. Procedure. applicable fiscal period and the total member is selected and has qualified. quantity of pears so handled by all per In the event both a member of the com (a) Twelve members of the committee, sons during the same fiscal period. The mittee and his alternate are unable to including alternates acting for members, payment of assessments for the main attend a committee meeting, the member shall constitute a quorum, and any ac tenance and functioning of the com or the committee may designate any tion of the committee shall require the mittee may be required under this part other alternate member from the same concurring vote of at least two less than throughout the period it is in effect ir district and group (handler or grower) the number of members present. respective of whether particular provi to serve in such member’s place and (b) The committee inay provide for stead. sions thereof are suspended or become simultaneous meetings of groups of its inoperative. Sec. 30. Powers. members assembled at two or more des (b) The Secretary shall fix the rate of ignated places: Provided, That such The committee shall have the following assessment to be paid by each such per meetings shall be subject to the establish son. At any time during or after the Powers: ment of communication between all such (a) To administer the provisions of fiscal period, the Secretary may increase groups and the availability of loud the rate of assessment in order to secure part in accordance with its terms; speaker receivers for each group so that , To receive, investigate, and report sufficient funds to cover any later find each member may participate hi the dis ing by the Secretary relative to the ex w the Secretary complaints of violations cussions and other actions the same as or the provisions of this part ; penses which may be incurred. Such if the committee were assembled in one increase shall be applied to all pears ni u ma^e and adopt rules and reg- place. Any such meeting shall be con- • ations to effectuate the terms and pro sidered as an assembled meeting. handled during the applicable fiscal pe visions of this part; and riod. In order to provide funds for the (c) The committee may vote by tele administration of the provisions of this To recommend to the Secretary graph, telephone, or other means of com amendments to this part. part during the first part of a fiscal munication, and any votes so cast shall period before sufficient operating in Sec. 31. Duties. be confirmed promptly in writing: Pro come is available from assessments on vided, That if an assembled meeting is the current year’s shipments, the com ers,erTtbQCfDi the following1imit-*'ee duties:sba*d have, among oth held, all votes shall be cast in person. mittee may accept the payment of as othl select a chairman and sue Sec« 33. Expenses and compensation. sessments in advance, and may also bor to may be necessary, an The members of the committee and al row money for such purpose. the dutles of such officers; ternates when acting as members, shall Sec. 42. Accounting. and such emPloyees, agent: be reimbursed for expenses necessarily (a) If, at the end of a fiscal period, essarvPnnSH1ftaii1Ves as may deem nec incurred by them in the performance of tbnZnrt^ jj° determine the compensa their duties under this part: Provided, the assessments collected are in excess the duties of each; of expenses incurred, such excess shall That at its discretion the committee may be accounted for as follows: as praetip^w^i^ 0 the Secretary as soo: request the attendance of one or more al (1) Except as provided in subpara * 5 » oftKr i,he ^Sinning of eae ternates at any or all meetings, nothwith- Period budget for such fiscs standing the expected or actual presence graphs (2) and (3) of this paragraph, of the itpmcUCiing a repor^ rn explanatio: of the respective members, and may pay each person entitled to a proportionate herein and a rec refund of any excess assessment shall expenses and compensation as aforesaid. be credited with such refund against the rate of Sec. 34. Annual report. operation of the following fiscal period unless such person demands repayment ords whirwX mi?utes> hooks, and rec The committee shall, prior to the last thereof, in which event it shall be paid transaction«« nf 55flect aU of the acts ani day of each fiscal period, prepare and to him: Provided, That any sum paid shall be suhff w C0IIUnittee and whie] mail an annual report to the Secretary by a person in excess of his pro rata Secretary ;UbjMt 1:0 examination by th and make a copy available to each han share of the expenses during any fiscal No. 87------5 dler and grower who requests a copy of period may be applied by the committee 6358 PROPOSED RULE MAKING at the end of such fiscal period to any (7) Other factors having a bearing on tee shall promptly give notice thereof to outstanding obligations due the com the marketing of pears; and growers and handlers. mittee from such person. (8) The type of regulations expected Sec. 53. Modification, suspension, or ter (2) The committee, with the approval to be recommended during the season. mination of regulations. of the Secretary, may establish and (b) In the event it becomes advisable, maintain during one or more fiscal years because of changes in the supply and (a) In the event the committee at any an operating monetary reserve in an demand situation for pears, to modify time finds that, by reason of changed amount not to exceed approximately one substantially such marketing policy, the conditions, any regulations issued pur fiscal years operation expenses. Upon committee shall submit to the Secretary suant to section 52 should be modified, approval by the Secretary, funds in such a revised marketing policy report setting suspended, or terminated, it shall so reserve shall be available for use by the forth, the information prescribed in this recommend to the Secretary. committee for all expenses authorized section. The committee shall publicly (b) Whenever the Secretary finds, pursuant to section 40. announce the contents of each market from the recommendations and informa (3) Upon termination of this part, ing policy report, including each revised tion submitted by the committee or from any funds not required to defray the marketing policy report, and copies other available information, that a regu necessary expenses of liquidation shall thereof shall be maintained in the office lation should be modified, suspended, or be disposed of in such manner as the of the committee where they shall be terminated with respect to any or all Secretary may determine to be appro available for examination by growers shipments of pears in order to effectuate priate: Provided, That to the extent and handlers. the declared policy of the act, he shall practical, such funds will be returned modify, suspend, or terminate such Sec. 51. Recommendations for regula regulation. On the same basis and in pro rata to the persons from whom such tion. funds were collected. like manner, the Secretary may termi (b) All funds received by the commit (a) Whenever the committee deems it nate any such modification or suspension. tee pursuant to the provisions of this advisable to regulate the handling of any If the Secretary finds that a regulation part shall be used solely for the purposes variety or varieties of pears in the man obstructs or does not tend to effectuate specified in this part and shall be ac- ner provided in section 52, it shall so the declared policy of the act, he shall -counted for in the manner provided in recommend to the Secretary. . suspend or terminate such regulation. this part. The Secretary may at any (b) In arriving at its recommen On the same basis and in like manner time require the committee and its mem dations for regulation pursuant to para the Secretary may terminate any such bers to account for all receipts and dis graph (a) of this section, the committee suspension. bursements. shall give consideration to Current in formation with respect to the factors Sec. 54. Special purpose and minimum (c) Upon the removal or expiration quantity shipments. of the term of office of any member of affecting the supply and demand for the committee, such member shall ac pears during the period or periods when (a) Except as otherwise provided in count for all receipts and disbursements it is proposed that such regulation should this section, any person may, without and deliver all property and funds in his be made effective. With each such rec regard to the provisions of sections 41, possession to his successor in office and ommendation for regulation, the com 52, 53, and 55, and the regulations issued shall execute such assignments and other mittee shall submit to the Secretary the thereunder, handle pears (1) for con instruments as may be necessary or ap data and information on which such sumption by charitable institutions; (2) propriate to vest in such successor full recommendation is predicated and such for distribution by relief agencies; or (3) title to all of the property, funds and other available information as the Sec for commercial processing into products. claims vested in such member pursuant retary may request. (b) Upon the basis of recommenda tions and information submitted by the to this part. Sec. 52. Issuance of regulations. R esearch committee, or from other available in (a) The Secretary shall regulate, in formation, the Secretary may relieve Sec. 45. Marketing research and develop the manner specified in this section, the from any or all requirements under or ment. handling of pears whenever he finds, established pursuant to section 41, 52, The committee, with the approval of from the recommendations and informa 53, or 55, the handling of pears in such the Secretary, may establish or provide tion submitted by the committee, or from minimum quantities, in such types ox for the establishments of marketing re other available information, that such shipments, or for such specified purposes search and development 'projects de regulations will tend to effectuate the (including shipments to facilitate tne signed to assist, improve or promote the declared policy of the act. Such regula conduct of marketing research and de marketing, distribution, and consump tion may: velopment projects established pursuan tion of pears. The expense of such proj (1) Establish standards of grade, size, to section 45) as the committee, with me ects shall be paid from funds collected or pack, or any combination thereof, for approval of the Secretary, may presence. pursuant to section 41. any variety or varieties of pears grown in (c) The committee shall, with the ap the production areas; proval Of the Secretary, prescribe s R egulations (2) Establish “minimum” standards rules, regulations, and safeguards Sec. 50. Marketing policy. of grade and size during any period when may deem necessary to assure co P season average prices are expected to ance with this section. Such rules, (а) Each season prior to making any exceed the parity level; ulations, and safeguards may indqde recommendations pursuant to section 51, (3) Establish standards governing the requirements that handlers shall the committee shall submit to the Sec size, capacity, weight, dimensions, or plications and receive approval fro retary a report setting forth its market pack of the container or containers committee for authorization to ing policy for the ensuing season. Such which may be used in the packaging or- pears pursuant to this section, a marketing policy report shall contain handling of pears: Provided, That no such applications be accompanied oy information relative to: regulations shall be issued restricting the certification by the intended p (1) The estimated total production of shipment of pears-in containers contain or receiver that the pears will no pears within the production area; for any purpose not authorized by (2) The expected general quality and ing 14 pounds net weight or the shipment size of pears in the production area and of pears in the Western standard pear section. box. Sec. 55. Inspection and certification. in other areas; (4) Establish grade, size, or pack (3) The expected demand conditions, Whenever the handling of any varw y for pears in different market outlets; standards as provided in this paragraph, (4) The expected shipments of pears applicable to exports of any variety-'of of pears is regulated PufsU?'“ dles pears pears which are different from those 52 or 53, each handler who hand ® ^ to produced in the production area and in shall, prior thereto, cause such areas outside the production area; applicable to the handling of the same (5) Supplies of competing commodi variety to other destinations. be inspected by the Federal certifled by (b) The committee shall be informed State Inspection Service and Qtg ties; it as meeting the applicable requ (б) Trend and level of consumer in immediately of any such regulation come; issued by the Secretary, and the commit Thursday, M ay 6, 1965 FEDERAL REGISTER 6359 spection and certification shall be re M iscellaneous P rovisions of all the funds and property then in its quired for pears which previously have possession, or under its control, includ been so inspected and certified only if Sec. 61. Compliance. ing claims for any funds unpaid or prop su c h pears have been regraded, resorted, Except as provided in this part, no per erty not delivered at the time of such repackaged, or in any other way further son shall handle pears the shipment of termination. prepared for market. Promptly after which has been prohibited by the Secre (b) The said trustees shall (1) con inspection and certification, each such tary in accordance with the provisions tinue in such capacity until discharged handler shall submit or cause to be sub of this part; and no person shall han by the Secretary; (2) from time to time mitted to the committee a copy of the dle pears except in conformity with the account for all receipts and disburse certificate of inspection issued with re provisions and the regulations issued un ments and deliver all property on hand, spect to such pears. The committee may, der this part. together with all books and records of the with the approval of the Secretary, pre Sec. 62. Right of the Secretary. ; committee and of the trustees, to such scribe rules and regulations modifying persons as the Secretary may direct; and the inspection requirements of this sec The members of the committee (in (3) upon the request of the Secretary, tion as to time and place such inspection cluding successors and alternates), and execute such assignments or other instru shall be performed whenever it is de any agents, employees, or representa ments necessary or appropriate to vest termined it would not be practical to tives thereof, shall be subject to removal in such person, full title and right to all perform the required inspection at a or suspension by the Secretary at any of the funds, property, and claims vested particular location: Provided, That all time. Each and every regulation, deci in the committee or the trustees pur such shipments shall comply with all sion, determination, or other act of the suant thereto. regulations in effect. committee shall be subject to the con (c) Any person to whom funds, prop tinuing right of the Secretary to dis erty, or claims have been transferred or Sec. 56. Exemptions. approve of the same at any time. Upon delivered, pursuant to this section, shall The committee shall issue certificates such disapproval, the disapproved action be subject to the same obligation imposed of exemption to any producer who applies of the committee shall be deemed null upon the committee" and upon the for such exemption and furnishes ade and void, except as to acts done in re trustees. quate evidence to the committee: liance thereon or in accordance there (a) That by reason of a regulation he with prior to such disapproval by the Sec. 66. Effect of termination or amend will be prevented from handling as large Secretary. ment. a proportion of his production as the Sec. 63. Effective time. Unless otherwise expressly provided by average proportion of production han the Secretary, the termination of this dled by all producers in said applicant’s The provisions of this part and of any part or of any regulation issued pursuant production district; and amendments thereto shall become effec to this part, or the issuance of any (b) That the grade, size, or quality of tive at such time as the Secretary may amendment to either thereof, shall not the applicant’s pears have been adversely declare above his signature, and shall (a) affect or waive any right, duty, obli affected by acte beyond the applicant’s continue in force until terminated in one gation, or liability which shall have reasonable expectation of control. Each of the ways specified in section 64. arisen or which may thereafter arise in certificate shall permit the producer to Sec. 64. Termination. connection with any provision of this handle the amount of pears specified part or any regulation issued under this thereon. Such certificates shall be (a) The Secretary may at any time part, or (b) release or extinguish any transferred with such pears at time of terminate the provisions of this part by violation of this part or of any regulation shipment. The committèe shall be per giving at least one day’s notice by means issued under this part, or (c) affect or mitted at any time to make a thorough of a press release or in any other man impair any rights or remedies of the investigation of any producer’s or han ner in which he may determine. Secretary or of any other person with dler’s claim pertaining to exemptions (b) The Secretary shall terminate or respect to any such violation. determine what conditions con suspend the operation of any and all of stitute acts beyond the grower’s reason the provisions of this part whenever he Sec. 67. Duration of immunities. '■ able expectation of control. finds that such provisions do not tend to The benefits, privileges, and immuni effectuate the declared pojicy of the act. ties conferred upon any person by virtue R eports (c) The Secretary shall terminate the of this part shall cease upon the termi Sec. 60. Reports. provisions of this part at the end of any nation of this part, except with respect fiscal period whenever he finds by a ref to acts done under and during the (a) Upon request of the commits erendum or otherwise that continuance existence of this part. maae with the approval of the Secretai is not favored by the majority of pro- • ¡¡¡J' handler shall furnish to the col ducers who, during a representative Sec. 68. Agents. mitree, m such manner and at such tir period determined by the Secretary, were The Secretary may, by designation in ntw prescribe, such reports a: engaged in the production area in the writing, name any officer or employee of fnr ‘N a t i o n as may be necessa production of pears for market in fresh the United States, or name any agency or underunripr+i?-°mmittee this part. Perform its duti form: Provided, That such majority has division in the United States Depart produced for market during such period ment of Agriculture, to act as his agent de?L«U Su.ch rePorts shall be held u more than 50 percent of the volume of or representative in connection with any and Protective classificati pears produced for fresh market in the of the provisions of this part. appointpHdy b? the committee, or dr production area; but such termination E m p t l employees hereof, so that t shall be effective only if announced on or Sec. 69. Derogation. S r S w eootained therein whi before June 30 of the then current fis Nothing contained in the provisions of Position VnfSely affect the competiti cal period: Provided further, That the this part is, or shall be construed to be, handler in relation Secretary shall conduct such a referen in derogation or in modification of the Comniiatw,lerSf Wl11 not he disclose dum not later than 5 years from the rights of the Secretary or of the United dat* °f general reports frc effective date of this part. States (a) to exercise any powers granted ized s J b S teto bii>handLerS are au th 0 (d) The provisions of this'part shall, by the act or otherwise, or (b) in accord closure of -?e Prohibition of di in any event, terminate whenever the ance with such powers, to act in the ^ o r ^ rS oS dUaVhandler’s id6n1 provisions of the act authorizing them premises whenever such action is deemed cease to be in effect. advisable. at least* 2°^i ban^ er shall maintain f of thT pL rf veedmg years such recor Sec. 65. Proceedings after termination. Sec. 70. Personal liability. Posed of bvrtCT ed and °f Pears di (a) Upon the termination of the pro No member or alternate member of the necessary tif handler as may visions of this part, the committee shall, committee and no employee or agent of this section Venfy reports pursuant for the purpose of liquidating the affairs the committee shall be held personally of the committee, continue as trustees responsible, either individually or jointly 6360 PROPOSED RULE MAKING with others, in any way whatsoever, to Vegetable Division, Consumer and Mar On December 31, 1964, a notice of pro any person for errors in judgment, mis keting Service, United States Depart posed rule making was published in the takes, or other acts, either of commis ment of Agriculture, Washington, D.C., F ederal R egister (29 F.R. 19261), con sion or omission, as such member, alter-' 20250, or from Robert H. Eaton, North cerning an amendment to § 201.31 (9 nate, employee, or agent, except for acts west Marketing Field Office, Fruit and CFR 201.31) of the regulations under the of dishonesty, willful misconduct, or Vegetable Division, 1218 Southwest Act. In such notice it was proposed that gross negligence. Washington Street, Portland, Oregon, the separate bond condition clauses, cov 97205. ering the buying operations of market Sec. 71. Separability. agencies and dealers, be consolidated into If any provision of this part is declared Dated: April 30, 1965. one clause. If such proposed amend invalid or the applicability thereof to any J . C . B l u m , ment is adopted one bond will cover the person, circumstances, or thing is held Acting Deputy Administrator, livestock buying operations of persons invalid, the validity of the remainder of Regulatory Programs. registered to buy livestock as either or this part or the applicability thereof to both a market agency or dealer. [F.R. Doc. ' 65-4764; Filed, May 5, 1965; Under the circumstances, it is pro any other person, circumstance, or thing 8:47 a.m.] shall not be affected thereby. posed that the “separate bonds” require ment of § 201.29 of the regulations under Sec. 72. Counterparts. the Act, which requirement has been This agreement may be executed in [ 9 CFR Part 201 1 proposed to be codified as paragraph (b) multiple counterparts and when one REGULATIONS UNDER THE PACKERS of § 201.29 (F ederal R egister of October counterpart is signed by the Secretary, 31, 1964, 29 F.R. 14855), be amended so all such counterparts shall constitute, AND STOCKYARDS ACTU as to require that any person registered, when taken together, one and the same Market Agency and Dealer Bonds or applying for registration, as a market instrument as if all signatures were con agency selling on a commission basis and tained in one original. * * * Notice is hereby given that, pursuant as a market agency buying on a com to the authority contained in an act of mission basis or as a dealer, shall file and Sec. 73. Additional parties. Congress approved July 12,1943 (7 U.S.C. maintain separate bonds to cover his After the effective date hereof, any 204), and in section 407(a) of the Pack selling and buying operations. handler may become a party to this ers and Stockyards Act (7 U.S.C. 228(a)), Any person who wishes to submit agreement if a counterpart is executed the. Consumer and Marketing Service written data, views, or arguments con by him and delivered to the Secretary. proposes to amend § 201.29 (9 CFR cerning the proposed amendment may This agreement shall take effect as to 201.29) of the regulations under the do so by filing them in duplicate with the such new contracting party at the time Packers and Stockyards Act, 1921, as Hearing Clerk, United States Depart such new counterpart is delivered to the amended (7 U.S.C. 181 et-seq.), concern ment of Agriculture, Washington, D.C., Secretary, and the benefits, privileges, ing market agency and dealer bonds. on or before May 21, 1965. and immunities conferred by this agree Statement, of considerations. A per All written submissions made pursuant ment shall then be effective as to such son registered as a market agency to buy to this notice will be made available for new contracting party. * * * and sell livestock-on a commission basis public inspection at such times and is required to maintain one bond contain places and in a manner convenient to Sec. 74. Order with marketing agreement. the public business (7 CFR 1.27(b)). Each signatory .handler hereby re ing the requisite clauses covering his sell quests the Secretary to issue, pursuant ing and buying operations. If such per Done at Washington, D.C., this 3d day to the act, an order providing for regulat son is also registered as a dealer to buy of May 1965. ing the handling of pears in the same livestock for his own account, he is re Clarence H. G irard, manner as is provided for in this agree quired, under § 201.29 (9 CFR 201.29) of Deputy Administrator, ment. * * * the regulations under the Packers and Consumer and Marketing Service. Copies of this notice of hearing may Stockyards Act, to maintain a separate [F.R. Doc. 65-4765; Filed, May 5, 1965; be obtained from the Director, Fruit and bond to cover Ids operations as a dealer. 8:47 a.m.] Notices DEPARTMENT OF THE TREASURY For the Attorney General. Executed at Washington, D.C., on DEPARTMENT OF THE INTERIOR Fiscal Service April 29, 1965. . Bureau of Land Management COMMISSIONER OF ACCOUNTS [seal] A nth o ny L. M ondello, Deputy Director, COLORADO Order of Succession to Office Office of Alien Property. Notice of Termination of Proposed By virtue of the authority vested in me [F.R. Doc. 65-4766; Filed, May 5, 1965; Withdrawal and Reservation of by Treasury Department Order No. 129, 8:47 a.m.] Lands; Correction Revision No. 2, dated April 22, 1955 (20 P.R. 2875), it is hereby ordered that the A pril 27, 1965. following officials of the Bureau of Ac ROSEL SCHAUER ET AL. The land description appearing in counts, in the order of succession enu Federal Register Document 65-3751 in merated herein, shall have the authority Notice of Intention To Return Vested the issue for April 10, 1965, page 4692, to act as Commissioner of Accounts and Property under Serial Number Colorado-011495, is to perform all the functions of that office, hereby amended as follows: during the absence or disability of the Pursuant to section 32 (f) of the Trad “T. 6 N„ R. 93 W., sec. 19, lot 6, NE1/^, Commissioner of Accounts or when there ing With the Enemy Act, as amended, Ny2SEi/4” is corrected to read “sec. 19, is a vacancy in such office: notice is hereby given of intention to NE 14, N1/2SE1/4”. 1. Assistant Commissioner of Accounts. return, on or kfter 30 days from the date “T. 6 N., R. 95 W., sec. 12, lot 5. NWÎ4 2. Chief Disbursing Officer. of publication hereof, the following swy4, sy2sy2, nei/4sei/4, wy2swy4” is 3. Deputy Commissioner for F inancial property, subject to any increase or de corrected to read “sec. 12, lot 5, EV2 Management. swy4”. 4. Deputy Chief Disbursing Officer. crease resulting from the administration 5. Assistant Chief Disbursing Officer. thereof prior to return, and after ade J. E lliott H all, 6. Deputy Commissioner for Central Ac quate provision for taxes and conserva Chief, Lands and Minerals. counts and Reports. tory expenses: 7. Deputy Commissioner for D eposits and [F.R. Doc. 65-4759; Filed, May 5, 1965; Investments. Claimant and Claim Nos., Property and 8:46 a.m.] 8. Chief Auditor. L ocation 9. Chief, Management Services Branch, Di vision of Disbursement. Rosel Schauer, 16 Cochrane Close, London, 10. Regional Disbursing Officer, Philadelphia, N.W. 8, England; $17,200.86 in the Treasury FLORIDA of th e U nited States. [BLM 080780; Survey Group 145] 11. Regional Disbursing Officer, Chicago, 111. Charlotte Benjamin Willoughby, Wilhelm- strasse 41/11, Muenehen-Schwabing, Ger This Order of Succession becomes ef many; $6,048.33 in the Treasury of the Notice of Filing of Plat of Survey United States. fective May 1, 1965, and supersedes the A pril 30,1965. previous order of this Bureau, dated Au Use Benjamin Kahn, 73-37 Austin Street, gust 24, 1964 (29 F.R. 12519). Forest Hills 75, N.Y.; $6,048.33 in the Treas The plat of survey of four islands in ury of the United States. the Perdido River, described below, ap Dated: April 26, 1965. Eli Kahn, 73-37 Austin Street, Forest Hills proved March 5, 1965, will be officially 75, N.Y., $4,838.66 in the Treasury of the filed in this office at 10:00 a.m., on May [SEAL] S . S . S o k o l, United States. 31,1965. Commissioner of Accounts. Selma Cohn Gotthelf, CasiUa 60, Camino [F.R. Doc. 65-4780; Filed, May 5, 1965; al Frio, Coquimbo, Chile; $403.23 in the Tallahassee Meridian, Escambia 8:48 a.m.] Treasury of the United States. County, F la. Edgar Cohn, c/o Parkvilla Kossmann, T. 1 S., R. 32 W., Kaiser-Wilhelm-Strasse 3, z. Zt. Baden- Sec. 35, lots 5, 6, 7,8. Baden, Germany; $403.22 in the Treasury of Containing 19.27 acres. DEPARTMENT OF JUSTICE th e U n ited S tates. James Cohn, CasiUa 60, Camino al Frio, The character of the islands, and their Office of Alien Property Coquimbo, Chile; $403.22 in the Treasury of timber and undergrowth, show that the th e U nited States. islands existed in 1845, when Florida was IRENE DORIS KELLER Hedda E. Cohn, Ramoth Hashavim, Israel; admitted into the Union, and at all later $403.22 in the Treasury of the United States. Notice of Intention To Return Ves dates, and therefore have the status of Cecilie Cohn Muendheim, 77 Park Avenue, public lands. The islands are swamp Property Apt. 5H, New York 16, N.Y.; $403.22 in the Treasury of the United States. and overflowed within the meaning of the Swamp Land Acts of March 2, 1849, ingwmfivi0 iection 32(f> of the Ti Anton J. Benjamin, Limited, 3/4, Clem notice k K® f nen^ Act> ^ amen« ent’s Inn, Strand, London, W.C. 2, England; and September 28,1850. return on _erej?,y §iven of intention $21,092.44 in the Treasury of the United Because of the swampy character of States. the islands, they were granted to the «PubilcaaTOh« Jf° f e S S the ‘ Claim Nos. 2121 and 38110. erty siihw 1 ereoi) the following pi Vesting Orders Nos. 1758, 2096, 2099, 18593, State under the Swamp Land Acts and resulting ?rim°tSnyi nCrease or decr< 500A-119 and 500A-273. are subject only to selection/application of Prio? to ™+the administration th< by the State of Florida. For the Attorney General. ProKnior SUrn’ and after ade^ The land will not be open to any other Penses: r ^axes an(T conservatory Executed at Washington, D.C., on kind of application under the public April 28,1965. land laws, including the mineral leasing Uzimant and Claim No., Property, ana and mining laws. Location [ seal] J ohn W . D ouglas, Director, D oris A. K oivula, Stuttgart-o*8 ®icllard-Wagnerstr Office of Alien Property. Vesting order ^r m^ny: No. 42 Manager, Land Office. [F.R. Doc. 65-4767; Filed, May 5, 1965; In the8Treasurv?ff'treasury of the7^45 United an d '7706: States. $25,15 [F.R. Doc. 65-4760; Filed, May 5, 1965; 8:47 a.m .] 8:46 a.m.] 6361 6362 NOTICES NEVADA Oregon [Serial No. Idaho 016372] WILLAMETTE MERIDIAN Notice of Filing of Nevada Protraction IDAHO Willamette National Forest Diagrams Notice of Proposed Withdrawal and Blue River Reservoir Recreation Areas Reservation of Lands April 29,1965. Mcrna Creek P ublic Access Area Notice is hereby given that effective at April 30,1965. T. 15 S ..R .4 E ., and after 10:00 a.m. June 7,1965, the fol Sec. 36, E 1/2 SE14SE14, SE^NE&SE^. The Corps of Engineers has filed an lowing protraction diagrams are officially Total—30 acres. application Serial Number Idaho 016372 filed of record in the Nevada Lane1. Office. for the withdrawal of the lands described In accordance with Title 43, Code of Saddle Dam Area below, from all forms of appropriation Federal Regulations, these protractions T. 16 S., R .4E., .under the public land laws including will become the basic record for describe Sec. 14, SVaNE^NEi/i, Sy2 Ny2 NE% N E^, the mining and mineral leasing la^s. ing the land for all authorized purposes. Sy2NWi4NEi4, SW14NE14, SE14NW14, The applicant desires the land for use Until this date and time the diagrams S%NEi4NW%. of the recreational resources of the have been placed in open files and are Total—150 acres. Lucky Peak Reservoir by the general available to the public for information East Side Public Access Area public. only. T. 16 S., R. 5 E., Unsurveyed, For a period of 30 days from the date Nevada P rotraction Diagrams Sec. 7, SE%SW%NW%, SW ^SE^NW ^. of publication of this notice, all persons Total—20 acres. who wish to submit comments, sugges Nos. 168 th rou gh 171 The total area aggregates 200 acres. tions, or objections in connection with MOUNT DIABLO MERIDIAN the proposed withdrawal may present D ouglas E. H enriques, their views in writing to the undersigned No. 168 Land Office Manager. officer of the Bureau of Land Manage T. 24 N., R. 66 E. [FJt. Doc. 65-4762; Filed, May 5, 1965; ment, Department of the Interior, P.0. No. 169 ' 8:46 a.m .] Box 2237, Boise, Idaho, 83701. T. 16 N., R .6 0 E . The authorized officer of the Bureau T. 17 N., R. 60 E. of Land Management will undertake T. 18 N„ R. 60 E. COLORADO such investigations as are necessary to T. 17 N., R. 61 E. determine the existing and potential de Notice of Proposed Withdrawal and mand for the lands and their resources. No. 170 Reservation of Lands He will also undertake negotiations with T. 11 N., R. 58 E. A pril 27,1965^ the applicant agency with the view of T. 12 N., R. 58 E. adjusting the application to reduce the T. 13 N., R. 58 E. The Bureau of Reclamation of the De area to the minimum essential to meet T. 12 N., R. 59 E. partment of the Interior has filed an ap the applicant’s needs, to provide for the No. 171 plication, Serial Number Colorado maximum concurrent utilization of the 0125239, for the withdrawal from public T. ION., R. 56 E. lands for purposes other than the appli T. 11 N„ R. 56 E. entry, subject to existing valid claims, as cant’s, to eliminate lands needed for T. 11 N„ R. 57 E. provided by section 3 of the Act of June purposes more essential than the appli T. 12 N., R. 57 E. ..__ 17, 1902 (32 Stat. 388), certain public cant’s, and to reach agreement on the lands in the sections and townships de concurrent management of the lands Copies of these diagrams are for sale scribed below. at one dollar ($1.00) each by the Nevada and their resources. The applicant desires the land for rec He will also prepare a report for con Land Office, Bureau of Land Manage lamation purposes in connection with the ment, Post Office Box No. 1551, Reno, sideration by the Secretory of the In Rifle Gap Dam and Reservoir, Silt Proj terior who will determine whether or not Nev. ect. D aniel P. B aker, the lands will be withdrawn as requested Land Office Manager. For a period of thirty days from the by the Corps of Engineers. date of publication of this notice, all per The determination of the Secretary [F.R. Doc. 65-4761; Piled, May 5, 1965; sons who wish to submit comments, sug on the application will be published » 8:46 a.m.] gestions, or objections in connection with the F ederal R egister.- A separate no the proposed withdrawal may present tice will be sent to each interested party their views in writing to the Land Office of record. [Oregon 015656] Manager of the Bureau of Land Manage If circumstances warrant it, a pukjj® ment, Department of the Interior, Colo hearing will be held at a convementt OREGON rado Land Office, Insurance Exchange and place, which will be announce • Notice of Termination of Proposed Building, 910 15th Street, Denver, Colo., The lands involved in the application 80202. are: ‘ Withdrawal and Reservation of If circumstances warrant it, a public Boise Meridian, Idaho Land hearing will be held at a convenient time A pril ., R. 4 E., _ 28,1965. and place, which will be announced. 6 , lot 7 and NE^SE'ANE^. Notice of an application, Serial No. The determination of the Secretary on the application will be published in the i area described aggregates 51.W Oregon 015656, for withdrawal and of public land In Ada reservation of lands, was published as F ederal R egister. A separate notice will be sent to each interested party of record. Federal Register Document No. 64-9467 O rval G. Hadley, on page 13080 of the issue for September The lands affected are: Manager, Land Offlw- Sixth Principal Meridian, Colorado 18, 1964. The applicant agency, Forest Doc. 65-4773; Filed, May 5, 1965, Service, United States Department of T. 5 S., R. 93 W„ 8:47 ajn.] Agriculture, has canceled its application Sec. 1: Sy2NEy4SEi/4. insofar as it involved the lands described Lands proposed to be withdrawn in the [M ontana 070104; Group 416] below. Therefore, pursuant to the regu above designated area aggregate ap MONTANA lations contained in 43 CFR Part 2311, proximately 20 acres. such lands will be relieved òf the segre ce of Filing of Pin» of 5»™« E verett K. W eedin, gative^ effect of the withdrawal applica April 30,19^- tion at 10:00 a.m. on May 21, 1965. Acting Land Office Manager. The lands involved in this notice of [F.R. Doc. 65-4772; Filed, May 5, 1965; termination are: 8:47 a.m.] Thursday, May 6, 1965 FEDERAL REGISTER 6363 Office, Billings, Montana, effective at Total—360 acres, more or less. the Act, provided that approval thereof 10:0o’a.m., June 7,1965. is conditioned as hereinafter ordered. R . P aul R igtrup, Accordingly, it is ordered: Principal Meridian, Montana Manager, Land Office. That Agreement C.A.B. 17666, R-103 T. 13 N., R. 8 E., [FJt. Doc. 65-4775; Filed, May 5, 1965; through 109, be approved, provided that Sec. 1, lots 1,2, 3,4, S%; 8:47 a.m .] such approval shall not constitute ap - Secs. 12 to 14, inclusive; Sec. 19, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, proval of the specific commodity descrip NEy4,Ey2NW%; Office of the Secretary tions contained therein for purposes of Sec. 20; tariff publication. Sec. 21, lots 1, 2,3, 4, N 1^, SE^; DIRECTOR, GEOLOGICAL SURVEY Any air carrier party to the agreement, Secs. 22 to 27, inclusive; or any interested person, may, within 15 Sec. 28, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, NW>4 Delegation of Authority days from the date of service ef this swy4,s y 2s ^ ; order, submit statements in writing con Sec. 29, lots 1,2, 3, 4, W%, SE^4 • The following material is a portion of Sec. 30, lots 1, 2, 3, 4, 5, 6, 7, S%NE%, the Departmental Manual and the num taining reasons deemed appropriate, to SEi/4NWy4, E1/2SW 14, SE1/4; bering system is that of the Manual. gether with supporting data, in support Sec. 31, lots 1,2, 3, 4, E%, Ey2W i4; of or in opposition to the Board’s action Secs. 32 to 36, inclusive. P art 220—G eological S u r v ey herein. An original and nineteen copies The area described aggregates 13,606.35 CHAPTER 2— APPROVAL OF UNITIZATION, of the statements should be filed with POOLING, AND DRILLING AGREEMENTS the Board’s Docket Section. The Board acres. may, upon consideration of any such 2. All the above described lands are 220.2.1 Delegation of authority. The statements filed, modify or rescind its embraced in the Lewis and Clark Na Director, Geological Survey, is hereby action herein by subsequent order. tional Forest by Executive Order No. delegated the authority of the Secretary 5834, April 8,1932. They are also within of the Interior under section 5(a) (1) of This order will be published in the a Determination Area under Public Law the Outer Continental Shelf Lands Act F ederal R eg ister. 167 (Act of Congress July 23, 1955). of August 7, 1953 (67 Stat. 462* 464; 43 By the Civil Aeronautics Board. 3. In view of the above, the lands de U.S.C., sec. 1334(a)(1)) to approve, in scribed will not be subject to disposition the interest of conservation, unitization, [ seal] H arold R . S an d er so n , under the General Land Laws by reason pooling, and drilling agreements. Secretary. of the official filing of the plat. [F.R. Doc. 65-4788; Filed, May 5, 1965; 4. The lands have been open to ap S tew art L. U dall, 8:48 a.m.] plications and offers under the mineral Secretary of the Interior. leasing laws and to locations under the A pr il 30, 1965. mining laws. [F.R. Doc. 65-4758; Filed, May 5, 1965; _ [Docket No. 15353; Order E-22122] R . P aul R ig tr u p, Manager, Land Office. 8:45 a.m.] INTERNATIONAL AIR TRANSPORT [P.R. Doc. 65-4774; Filed, May 5, 1965; ASSOCIATION 8:47 a.m.] CIVIL AERONAUTICS BOARD Order Relating to Specific Commodity Rates SOUTH DAKOTA [Docket No. 15353; Order E-22110] Adopted by the Civil Aeronautics Notice of Termination of Proposed Board at its office in Washington, D.C., INTERNATIONAL AIR TRANSPORT on the 3d day of May 1965. Withdrawal and Reservation of ASSOCIATION Lands There has been filed with the Board, pursuant to section 412(a) of the Federal April 28, 1965. Order Relating to Specific Commodity Aviation Act of 1958 (the Act) and Part Notice of an application, Serial No. Rates 261 of the Board’s Economic Regulations, Montana 054890(SD), for withdrawal Adopted by the Civil Aeronautics an agreement between various air car ai~i reservation of lands was published Board at its office in Washington, D.C., riers, foreign air carriers and other car as Federal Register Document No. 63-233 on the 30th day of April 1965. riers embodied in the resolutions of Joint on pages 294 and 295 of the issue for There has been filed with the Board, Conferences 1-2-3 and 3-1 of the Inter January 10, 1963. The Department of pursuant to section 412(a) of the Federal national Air Transport Association gnculture has canceled its application Aviation Act of 1958 (the Act) and Part (IATA), and adopted pursuant to the J^volved the lands described be- 261 of the Board’s Economic Regulations, provisions of Resolution 590 dealing with . Therefore, pursuant to the regula- an agreement between various air car specific commodity rates. ons contained in 43 CFR Part 2311, riers, foreign air carriers, and other car The agreement, adopted pursuant to i? hinJlds Wi^ be at 10:°0 a.m., on May riers, embodied in the resolutions of unprotested notices to the carriers sub eff’pM * i f lieved of the segregative Traffic Conference 1 of the International sequent to the issuance of IATA Status cation thC ab°Ve mentioned appli- Air Transport Association (IATA), and Report No. 15 and filed with the Board by adopted pursuant to the provisions of letter dated April 21, 1965, names addi Resolution 590 (Commodity Rates tional specific commodity rates as set tern JS?are!0lTed tWS n0tiCe 01 Board). forth below. Black Hills Meridian, South Dakota The agreement, adopted pursuant to Item 1100—Furs, hides, • pelts, and skins; ®lack hills National forest unprotested notices to the carriers and and parts thereof; n.e.s., excluding wearing promulgated in IATA memoranda as set apparel, 230 cents per kg., minimum weight Ciistle Creek Streamside Zone forth in the attachment hereto1 (1) ex 100 kgs; 188 cents per kg., minimum weight 250 kgs; 167 cents per kg., minimum weight the c CUMULATIVE LIST OF CFR PARTS AFFECTED— MAY The following numerical guide is a list of the parts of each title of the Code of FederaL Regulations affected by documents published to date during May. 5 CFR Pase 12 £FR—Continued Page 29 CFR—Continued Pi*e 213 ______6215, 6241, 6337 P roposed R u l e s : P roposed R u l e s : 332______6337 261______6275 657------_____ 6224 262______6275 7 CFR 697______6225 ' 54 _ 6207 14 CFR 32 CFR 55III______6141, 620739______6150 163______1______6161 56______6207 71 ______6150, 6215, 6241 516______6341 70 6207 73__ ? — ______- _____ 6242 815__...... 6343 81______6207 75 ______: 6150, 6241, 6242 882____ 6343 210______- ______6207 97______6151, 6329 301______6243,09 6245 ______6242 33 CFR 707______6246 P roposed R u l e s : 203______6161 717 6144 39 ______- _____ 6188, 6274 207______6161 724—______6144, 6146, 6207 67 ______6188 842— ______-___ 6338 71______6189, 6225 36 CFR 862______6247 211 ______■[______6345 863_____ 6248 16 CFR 311______— ______6161 864______6248 P roposed R u l e s : 908------6148 303______- ______6275 47 CFR 0 _ ...... - 6250 910___ 6148 19 CFR 965______■______——------— 6338 2—II I I —II —...... 6219 1421______- ______6338 10 ______6149 15 6250 1488______—______6249 21 CFR 72 ______-6251 P roposed R u l e s : 1 2 1 ______6215, 6339 P roposed R u l e s : 28___ 6255 ______6226 31______6350 26 CFR 73 6274,6275 Ch. EX______6355 1 ______;___ 6216,6340 930____ ;______— 6255 250______6217 49 CFR 1040______— 6163P roposed R u l e s : 05 6220 1042______— 6163 1 ______6222, 6349 ------•» 9 CFR 31______6222 301______- ______6222 P roposed R u l e s : f3° CFR 201______6360 29 CFR 5 0 ______6249 eoi::::— •» 12 CFR P roposed R u l e s : ^ 1 2 ______6160 604______6218 32------~ 204______- ______6339 606______6218 gli Know Your Government The United States Government Organization Manual is the official guide to the functions of the Federal Government. per copy. Paper bound/ with charts Order front »0402 Superintendent of Documents/ I7.S. Government Printing Office, Washington, D.C., 2»