FEDERAL REGISTER VOLUME 33 • NUMBER 132 Tuesday, July 9, 1968 • Washington, D.C. Pages 9805-9860
Agencies in this issue— Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Coast Guard Commerce Department Commodity Credit Corporation Comptroller of the Currency Consumer and Marketing Service Customs Bureau Economic Opportunity Office Federal Aviation Administration Federal Communications Commission Federal Deposit Insurance Corporation Federal Housing Administration Federal Power Commission Federal Reserve System Federal Trade Commission Food and Drug Administration Foreign Assets Control Office General Services Administration Internal Revenue Service Interstate Commerce Commission Justice Department Land Management Bureau Narcotics and Dangerous Drugs Bureau National Labor Relations Board Public Health Service Securities and Exchange Commission Small Business Administration Detailed list o f Contents appears inside.
/ 934 Volume 80 - UNITED STATES STATUTES AT LARGE
89th Congress, 2d Session 1966
Part 1— Contains the public laws and reorganization plans. Price: $10.25
Part 2— Contains the private laws, concurrent resolutions, and Presidential proclamations. Price: $2.75
A subject index and a numerical listing of bills enacted into law are included in each book. Part 1 also carries a table of prior laws affected, and a guide to the legislative history of bills enacted into public law.
Published by Office of the Federal Resister, National Archives and Records Service, General Services Administration
Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402
itS\ONAL^(
Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or | t i l on day after an official Federal holiday), by the Office of the Federal Register, NatiQii^ FEDERAL Archives and Records Service, General Services Administration (mail address Nations Area Code 202 rVw5» AGRICULTURAL STABILIZATION CONSUMER AND MARKETING FEDERAL POWER COMMISSION AND CONSERVATION SERVICE SERVICE Notices Proposed Rule Making Associated Programs, Inc., et al.; Notices hearing, etc______c______9844 Domestic beet sugar producing Wheat; official grain standards— 9825 area; 1969-crop proportionate Notices FEDERAL RESERVE SYSTEM shares; hearing------9835 Cotton; research and promotion; Notices applications for certification of AGRICULTURE DEPARTMENT Insured banks; joint call for report cotton producer organizations— 9839 of condition; cross reference 9850 See Agricultural Stabilization and Piedmont Trust Bank; grant of Conservation Service; Commod CUSTOMS BUREAU temporary exemption______9850 ity Credit Corporation; Con Notices sumer and Marketing Service; Merchandise from France; coun FEDERAL TRADE COMMISSION ATOMIC ENERGY COMMISSION tervailing duty proceedings------9834 Rules and Regulations Administrative op in ion s and Rules and Regulations ECONOMIC OPPORTUNITY rulings: Procurement, clauses; miscellane OFFICE Lower price to “stocking” ous amendments (2 docu Notices d ealers______9815 ments) ______9820,9821 Personal deodorant spray______9816 Special nuclear material; general Secretary of Labor et al.; author Stocking, quantity and cumula license for ownership------9809 ity delegation------9850 tive discounts______9815 Prohibited trade practices: CIVIL AERONAUTICS BOARD FEDERAL AVIATION Fred Meyer, Inc., et al______9813 Proposed Rule Making ADMINISTRATION Grand Union Co______9813 Rul es and Regulations Leed’s Luggage Shops, Inc., and Pees and charges for special serv Aaron Horowitz______.______9813 ices; filing fees for tariff mat Airworthiness directive; British Punch Card Machine Training ters ______9828 Aircraft Corp. airplanes------9810 Service, Inc., et al______9814 Notices Alterations: Control zone______9810 FOOD AND DRUG Hearings, etc.: Jet routes______9810 Caribbean-Atlantic Airlines, Standard instrument approach ADMINISTRATION In c______9841 p ro ced u res ; miscellaneous Mohawk Airlines, Inc— ;------9842 Notices amendments______9811 Hazleton Laboratories, Inc.; food COAST GUARD Proposed Rule Making additive petition______9840 Rules and Regulations Control zone and transition areas; alteration ______9826 FOREIGN ASSETS CONTROL Great Lakes pilotage; District No. Restricted area and controlled OFFICE 3 for St. Marys River______9823 airspace; designation and alter Notices ation ______9827 Notices Portions of certain rivers closed to Transition area; alteration_____ 9827 Almond jelly, canned; importation directly from Taiwan (For navigation temporarily: FEDERAL COMMUNICATIONS mosa) ; available certifications. 9835 Delaware River, Chester, Pa— 9840 COMMISSION Warwick River, Norfolk— New GENERAL SERVICES port News Harbor______9841 Proposed Rule Making ADMINISTRATION Nonavailability of television pro COMMERCE DEPARTMENT grams produced by non-network Rules and Regulations Notices suppliers; extension of time for Contract financing; illustrations; filing comments______9829 correction ______9820 Organization and functions: Notices Notices Office of Audits______9840 Hearings, etc.: Standing interagency committees Office of Budget and Finance__ 9840 Lone Star Television Service, chaired by General Services Inc., et al______9842 Administration______9850 COMMODITY CREDIT Long Island Video, Inc., and CORPORATION Granik Broadcasting Co., Inc_ 9843 HEALTH, EDUCATION, AND Rules and Regulations FEDERAL DEPOSIT INSURANCE WELFARE DEPARTMENT Tobacco, flue-cured; loan pro- CORPORATION See Food and Drug Administra gram; 1968 crop______9809 tion; Public Health Service. Notices Notices Sales of certain commodities; July Insured banks; joint call for re HOUSING AND URBAN port of condition______9844 sales list------9836 DEVELOPMENT DEPARTMENT FEDERAL HOUSING See Federal Housing Administra COMPTROLLER OF THE ADMINISTRATION tion. CURRENCY Rules and Regulations Notices INTERIOR DEPARTMENT Mortgage insurance, mutual and See Land Management Bureau. Insured banks; joint call for re condominium ownership; con port of condition; cross refer- tract rights and obligations____ 9816 (Continued on next page) 61106 ------9835 9807 9808 CONTENTS INTERNAL REVENUE SERVICE LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE Rules and Regulations Rules and Regulations COMMISSION Income tax; consolidated returns; Public land orders: Notices allocation of tax liability among California (2 documents) 9822,9823 members of an affiliated group; Oregon (3 documents)____ 9822, 9823 State Street Investment Corp.; correction ______9816 U t a h ______9822 hearing, etc------9851 Proposed Rule Making Income tax; miscellaneous amend NARCOTICS AND DANGEROUS SMALL BUSINESS ments ______9830 DRUGS BUREAU ADMINISTRATION Proposed Rule Making INTERSTATE COMMERCE Notices Depressant and stimulant drugs; Authority delegations : COMMISSION listing of synthesized tetrahy- Area Coordinators, Midwestern Notices drocannabinols as subject to control______9833 Area, et al------9851 Fourth section application for Director, Office of Business relief______9857 Loans, et al______9855 Motor carriers: NATIONAL LABOR Temporary authority applica RELATIONS BOARD tions ______9857 TRANSPORTATION DEPARTMENT Rules and Regulations Transfer proceedings------9858 See Coast Guard; Federal Avia Statements of procedure, records tion Administration. JUSTICE DEPARTMENT and information; miscellaneous amendments------See also Narcotics and Dangerous TREASURY DEPARTMENT Drugs Bureau. PUBLIC HEALTH SERVICE See Comptroller of the Currency; Rules and Regulations Customs Bureau; Foreign Assets Bureau of Narcotics and Dan Rules and Regulations Control Office; Internal Reve- gerous Drugs; miscellaneous Grants for research projects; mis 9821 nue Service. amendments------9817 cellaneous amendments------ List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations ajecledby 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 se affected by documents published since January 1, 1968, and specifies how they are affected. 21 CFR 41 CFR 3 CFR c o n 9820 P r o p o s e d R u l e s : E x e c u t i v e O r d e r : 8579 (see PLO 4474) 9822 166______— 9833 q_4 _ __ 9820 0 5 “ IIIIIIIIIIIIIII ______9821 7 CFR 24 CFR g_7 ______9820 203______9816 9_9 (2 documents)______9820,9821 1464______9809 234______9816 P r o p o s e d R u l e s : 42 CFR 26______9825 26 CFR 52 9821 1______9816 43 CFR 10 CFR P r o p o s e d R u l e s : 9830 P u b l i c L a n d O r d e r s : 70______9809 1______3871 (revoked in part by PLO 28 CFR 4473) — ------9S 14 CFR 9817 4395 (corrected by PLO 4475)— - g 39______;______9810 0______71 ______9810 47______75 ______9810 S i !------9822 97______- ___ 9811 29 CFR 4476 ------9822 9819 4477 " ______9823 P r o p o s e d R u l e s : 101 _ 102 _ 9819 4478IZII______9823 71 (3 documents)------— 9826, 9827 73______;______9827 46 CFR 389______9828 401______9823 16 CFR 47 CFR 13 (4 documents)______9813,9814 P r o p o s e d R u l e s : _ 9829 15 (3 documents)------9815, 9816 73------9809 Rules and Regulations [Dollars per hundred pounds, Signed at Washington, D.C., on July Title 7— AGRICULTURE farm sales w eight] 1, 1968. Advance Advance H . D. G o d f r e y , Chapter XIV— Commodity Credit Cor Grade Rate Grade Rate Executive Vice President, poration, Department of Agriculture B 5 R ______47.25 H 6FR _____ 61.25 Commodity Credit Corporation. B 6 R ______42. 25 H 4 K ______69.25 SUBCHAPTER B— LOANS, PURCHASES, AND B3LV _____ 69. 25 H 5 K ____ . ___ 65.25 [F.R. Doc. 68-8010; Filed, July 8, 1968; OTHER OPERATIONS B4LV _____ 65. 25 H6K ______59.25 8:45 a.m.] B5LV ______61.25 C 1 L ______82.25 PART 1464— TOBACCO B3FV ____ 69. 25 C 2 L ______78.25 B4FV _____ 65. 25 C 3 L ______77.25 Subpart— Tobacco Loan Program B 5FV _ . 61.25 C 4 L ______76.25 Title 10— ATOMIC ENERGY Fltje-C ured T obacco; 1968 C rop B 4 K V ______55. 25 C 5 L ______75.25 B 5 K V ____ 49.25 C1F ____ 82.25 Chapter I— Atomic Energy Set forth below is a schedule of ad B 6 K V __ 44. 25 C 2 F ______78.25 Commission vance rates, by grades, for the 1968 crop B 3K ______65.25 C3F _ _ 77.25 of types 11-14 Flue-cured tobacco, under B4K __ ._____ 63. 25 C4F ______76.25 PART 70— SPECIAL NUCLEAR the tobacco price support loan program. B5 K __ ._____ 59. 25 C 5 F ______75.25 MATERIAL B 6 K ______53. 25 C4LV __ 71.25 § 1464.1777 1968 C ro p — Flue-Cured B3KL _____ 55.25 C4FV _ _ ___ 71.25 General License for Ownership of Tobacco, Types 11—14, Advance ■R4KT, .... 53 25 C4K _ _ 73.25 Schedule.1 B 5 K L _ . 49. 25 C4KL ______68.25 Special Nuclear Material C4KF [Dollars per hundred pounds, B6K L _._____ 44. 25 _ _ 68.25 The Atomic Energy Commission has farm sales w eight] B3K R 65. 25 C4K M _ _ _ _ 68.25 amended its regulation, “Special Nuclear B 4 K R ______63.25 C4KR ___ 73.25 Advance Advance RSKR. 59. 25 C4LS 67. 25 Material”, 10 CFR Part 70, by the addi Grade Rate Grade Rate B3K F 55. 25 C5LS _ _ __ 64. 25 tion of a new § 70.20, providing a general A 1 F ______87. 25 B 4 F ______71. 25 B 4K F _ ._____ 53. 25 X 1 L ______77.25 license for ownership of special nuclear A 2 F ______85.25 B5F __ ._____67. 25 B5K F _____ 49. 25 X 2 L ______76.25 material. A general license is effective B 1 L ______81.25 B 6 F ______63.25 B6K F _____ 43. 25 X 3 L ______75.25 without the filing of an application with B 2 L ______76.25 B1FR _____80. 25 B3K M 58 25 X4T. 72 25 the Commission or the issuance of licens B 3 L ______73.25 B2FR _ ._____ 74.25 B4K M _____ 56. 25 X 5 L ______68.25 ing documents to a particular person. B 4 L ______71. 25 B3FR ______71. 25 RSKM . 52. 25 X IF 77. 25 B 5 L ______67. 25 B4FR ______67.25 B 6 K M _._____ 46. 25 X 2F _____76.25 The general license includes the right B 6 L ______63. 25 B5FR — _____63. 25 B 4 G L _._____ 57. 25 X 3F ______75.25 both to receive and transfer ownership B 1 F ______81.25 B6FR _____58. 25 B5G L 54. 25 X 4 F ______72.25 of special nuclear material. The amend B2F______76. 25 B 3 R ______58.25 B6G L _____ 48.25 X 5 F ______68.25 ment does not affect the Commission’s B 3 F ______73. 25 B 4 R ______53.25 B 4 G F . . . _____ 57. 25 X 3 LV ______68.25 existing rules applicable to transfer, re B 5 G F _ .. _ 52. 25 X 4 L V ____ 65.25 ceipt, possession, use, import, or export B 6 G F ____ _ 47. 25 X 3FV ___ 68.25 1The advance rates listed are applicable of special nuclear material. only to untied Flue-cured tobacco identified B 4 G R _____ 50. 25 X 4FV ____ 65.25 on a 1968 tobacco marketing card which does B 5 G R _____ 44.25 X 4 K V ____ 55.25 Ownership alone of special nuclear not bear either the notation “No Price Sup B 6 G R _____ 38. 25 X 4 K L __ ___ 62.25 material does not present any problems port” or “Discount Variety Lim ited S up B4GTC 52 25 X 4 K P fi2 25 of radiation safety or the common port” and which does not, together with all B 5 G K . ___ 47. 25 X 3 K M ___ 66.25 defense and security. It is expected that other tobacco previously marketed and cur BfiGTC .... 42 25 X 4 K M 81 25 the general license will simplify and X 4 K R rently being offered for m arketing on a single B 4 G G _____ 40.25 ____ 66.25 expedite the Commission’s regulatory B 5 G G _____ 38.25 X 3 L S ______64.25 tobacco sales bill, exceed 110 percent of the processes without prejudicing in any way applicable farm m arketing quota. Rates for B3LS — .____ 63.25 X 4LS ____ 60.25 tobacco identified on a marketing card which B 4 L S ______61.25 X 3FS ______63.25 Commission controls over possession, use bears the notation “Discount Variety Limited B 5 L S ______57.25 X 4FS ____ 60. 25 and physical transfer of special nuclear Support,” which does not bear the notation B 6 L S ______50.25 X 4 G ______54.25 material. General licenses for the owner “No Price Support” and w hich does not, to B3FS _____ 60.25 X 5 G 48. 25 ship of byproduct material and source gether with all other tobacco previously mar B4FS — ._____ 58.25 X 4 G K ______52.25 material are already included in Parts 31 keted and currently being offered for market B 5 F S ______54.25 P 2 L ______73.25 and 40, respectively. The addition of B 6 F S ______48.25 P 3 L ______71.25 ing on a single tobacco sales bill, exceed 110 § 70.20 makes Part 70 consistent with percent of the applicable farm m arketing B5RR _ ._____ 42.25 P4L ______67.25 quota, are 50 percent plus twelve and one- B5 R G _____ 39.25 P 5 L ______59.25 those parts in that respect. half cents ($0,125) per hundred pounds of HIT. 82 25 P2F 7 3 .2 5 The new § 70.20 has the effect of re the advance rates listed. Rates for tied Flue- H 2 L ______78.25 P 3 F ______71. 25 lieving persons of the necessity of filing cured tobacco are three dollars ($3.00) per H 3 L ______77.25 P4F ____ 66.25 applications 'for specific licenses for H 4 L ______75.25 P 5 F ______56.25 hundred pounds more for each grade th an for ownership of special nuclear material. untied tobacco sim ilarly identified. Tobacco H 5 L ______73.25 P 4 G ______50.25 is eligible for advances only if consigned by H 6 L ______69.25 P5G __ __ 42.25 Therefore, the Commission has found the original producer and only if produced H1F _____ 82.25 NIL ______42.25 that good cause exists why general notice by a cooperator. H 2 F ______78.25 N 1 X L ______50.25 H3F — ._____ 77. 25 N 1 F ______43.25 of proposed rule making and public pro mofu1*16 ®eorgi&-Florida belt price support will be available only on untied tobacco as H4F _ . __ 75.25 N I K ______49.25 cedures thereon are unnecessary. 3 years. In all belts except in the H5F _ _ ._____ 73.25 N 1 R ______35.25 Accordingly, pursuant to the Atomic H 6 F ______69.25 N 1 G L __ ___ 35.25 eorgia-Florida belt, price support will be Energy Act of 1954, as amended, and available for all grades of both tied and u n H 3FR _ ._____ 71.25 N 1 G F __ 39.25 tied tobacco throughout the entire market H 4FR _._____ 68.25 N 1G R ______34.25 sections 552 and 553 of Title 5 of the ing season. H 5FR _ ._____ 65.25 N 1 G G ______31.25 United States Code, the following amend Tobacco graded “W ” (d o u b tfu l keepii (Sec. 4, 62 Stat. 1070, as amended, sec. 5, 62 ment of 10 CFR Part 70 is published as wni * U ” ( uns° u n d ), N2, N o -G , or seri Stat. 1072, secs. 101, 106, 401, 403, 63 Stat. a document subject to codification, to be . rL0^ ke accepted. The cooperative ass 1051, as amended, 1054, sec. 125, 70 Stat. 198, effective 30 days after publication in the m7ou°v,throu^ 1 whick price support is mai 74 Stat. 6; 7 U.S.C. 1441, 1445, 1421, 1423, 7 nlr v^le, is authorized to deduct 25 cen U.S.C. 1813, 15 U.S.C. 714b, 714c) F e d e r a l R e g is t e r . head costs6** *)0unds aPPJy against ove Effective date: Date of filing with the A new § 70.20 is added to 10 CFR Part Office of the Federal Register. 70 to read as follows: FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9810 RULES AND REGULATIONS § 70.20 General license to own special C H A 504-274 or C H A 504—405, w hich have Amend § 71.171 of Part 71 of the Fed nuclear material. been operated for any period with Skydrol eral Aviation Regulations so as to delete 500A hydraulic fluid only, with new valves A general license is hereby issued to of the same part number or valves of the in the description of the Elkins, W. Va„ receive title to and own special nuclear same part number that have been inspected control zone, the words “Elkins Radio material without regard to quantity. Not and found free of corrosion and other de Range” and insert in lieu thereof “Ran withstanding any other provision of this fects and that have never been used with dolph County Radio Range.” Skydrol 500A hydraulic fluid only. chapter, a general licensee under this (Sec. 307(a), Federal Aviation Act of 1958- 72 (b ) section is not authorized to acquire, For BAC 1-11 200 Series Airplanes. Stat. 749; 49 U.S.C. 1348) deliver, receive, possess, use, transfer, Within the next 1,000 hours’ time in service import, or export special nuclear mate after the effective date of this AD, replace Issued in Jamacia, N.Y., on June 21 the 14 -inch diameter hydraulic pipe run be 1968. rial, except as authorized in a specific tween the roof of the main undercarriage license. W a y n e H e n d e r s h o t , bay and the rear pressure bulkhead in the Acting Director, Eastern Region. (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) No. 1 and No. 2 hydraulic systems with either s/ie-inch or % -in ch diam eter pipe, in [F.R. Doc. 68-8066; Filed, July 8, 1968; Dated at Germantown, Md., this 27th accordance with British Aircraft Corp. Serv 8:46 a.m.] day of June 1968. ice Bulletins Nos. 29—PM3234 Revision 1 dated December 1, 1967, or 29-PM3345 Revi For the Atomic Energy Commission. sion 3, dated February 28, 1968, or later ARB- [Airspace Docket No. 68-CE-26] approved revision or an equivalent approved W . B. M cC o o l , PART 75— ESTABLISHMENT OF JET by the Chief, Aircraft Certification Staff, Secretary. FAA, Europe, Africa, and Middle East Region. ROUTES [F.R. Doc. 68-8076; Filed, July 8, 1968; (c ) For BAC 1-11 200 and 400 Series Air Alteration of Jet Routes 8:47 a.m .] planes. Within the next 1,000 hours’ time in service after the effective date of this AD On April 20, 1968, a notice of proposed replace the restrictor assembly Hobson P/N rule making was published in the F ederal CHA 504-396 with new restrictor assembly R e g is t e r (33 F.R. 6130) stating that the Hobson P/N CHA 504-502 in the rudder and Federal Aviation Administration was Title 14— AERONAUTICS AND elevator feel simulator units in accordance with British Aircraft Corp. Service Bulletin considering amendments to Part 75 of SPACE No. 27-FM3371 dated February 28, 1968, or the Federal Aviation Regulations that Chapter I— Federal Aviation Admin later ARB-approved revision or an equivalent would extend Jet Route No. 548 from approved by the Chief, Aircraft Certification Sault Ste. Marie, Mich., to Pullman, istration, Department of Transpor Staff, FAA, Europe, Africa, and Middle East Mich., via intersection of Sault Ste. Marie tation Region. 207° and Pullman 010° radials and ex (d ) For BAC 1-11 200 and 400 Series Air SUBCHAPTER C— AIRCRAFT tend Jet Route No. 590 from Sault Ste. planes. Within the next 3,000 hours’ time in Marie to Carleton, Mich. [Docket No. 8855; Arndt. 39-619] service after the effective date of this AD Interested persons were afforded an modify the rudder feel simulator system PART 39— AIRWORTHINESS by incorporating a warning indicator as opportunity to participate in the pro DIRECTIVES sembly in accordance with British Aircraft posed rule making through the submis Corp. Service Bulletin No. 27-PM3372 dated sion of comments. Due consideration was British Aircraft Corp. BAC 1—11 200 February 15, 1968, or later ARB-approved given to all comments received. The De and 400 Series Airplanes revision or an equivalent approved by the partment of the Air Force objected to the Chief, Aircraft Certification Staff, FAA, Eu extension of Jet Route No. 590 as pro A proposal to amend Part 39 of the rope, Africa, and Middle East Region. posed stating that it would conflict with Federal Aviation Regulations to include This amendment becomes effective Au published high altitude jet penetrations an airworthiness directive (AD) requir gust 5,1968. serving the primary runway at Wurt- ing periodic replacement of certain parts smith Air Force Base, Mich., and also in the rudder and elevator feel simulator (Secs. 313(a), 601, 603, Federal Aviation Act of 1958; 49 U.S.C. 1354(a), 1421, 1423) believed it would add to the workload units on British Aircraft Corp. BAC of the air traffic control facility by in 1-11 200 and 400 Series airplanes was Issued in Washington, D.C., on July 1, creasing coordination. They suggested published in 33 F.R. 6719. 1968. alternative routes which would some Interested persons have been afforded J a m e s F. R u d o l p h , what bypass the climb corridor. an opportunity to participate in the Director, Flight Standards Service. After a review of the USAF alternative making of the amendment. No objec [F.R. Doc. 68-8065; Filed, July 8, 1968; proposal in conjunction with the existing tions were received. 8:45 a.m.] air traffic control environment within In consideration of the foregoing, and that area, we have determined that ex pursuant to the authority delegated to tension of Jet Route No. 590 as proposed me by the Administrator (14 CFR 11.89), SUBCHAPTER E— AIRSPACE in the notice of proposed rule making § 39.13 of Part 39 of the Federal Aviation [Airspace Docket No. 68-EA-37] will not create a problem to the air traf Regulations is amended by adding the fic control capability of the air route PART 71— DESIGNATION OF FEDERAL following new airworthiness directive: traffic control center or restrict the flow AIRWAYS, CONTROLLED AIRSPACE, of air traffic as it is in an area of good British Aircraft Corp. Applies to Model BAC 1-11 200 and 400 Series airplanes. AND REPORTING POINTS radar coverage. Additionally, the degree of coordination between affected air Compliance required as indicated, unless Alteration of Control Zone already accomplished. traffic control facilities is the same To prevent erratic functioning of the rud On page 6247 of the F e d e r a l R e g is t e r regardless of the route selected, as each der and elevator feel simulator units and for April 24, 1968, the Federal Aviation requires the same type of coordination. to provide a warning to the flight crew in Administration published a proposed In consideration of the foregoing, Part the event of a malfunctioning of the rudder regulation which would alter the Elkins, 75 of the Federal Aviation Regulations or elevator feel simulator units, accomplish W. Va., control zone. is amended effective, 0901 G.m.t., August the following: 22, 1968, as hereinafter set forth. (a ) For BAC 1-11 200 and 400 Series Air Interested parties were given 30 days planes. Within the next 1,000 hours’ time after publication in which to submit Section 75.100 (32 F.R. 17518, 33 F.R. in service after the effective date of this written data or views. No objections to 2349) is amended as follows: AD, or before the accumulation of 6,000 the proposed regulations have been 1. Jet Route No. 548 is amended to hours’ time in service, whichever occurs received. read as follows: later, and thereafter at intervals not to ex ceed 6,000 hours’ time in service from the In view of the foregoing, the proposed Jet Route No. 548 (Pullman, Mich., to the last replacement, replace those rudder and regulations are hereby adopted effective United States/Canadian Border) (joins Ca elevator feel simulator valves, Hobson P/N’s 0901 G.m.t., August 22, 1968 as follows: nadian high level airway No. 548). FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 RULES AND REGULATIONS 9811 Prom Pullman, Mieh.; via the INT Sault Jet Route No. 590 (Lakehead, Ontario, Issued in Washington, D.C., on June Ste. Marie, Mich., 207° and P u llm an 010° Canada, to Carleton, Mich.) (joins Canadian 27,1968. high level airway No. HL-590). radials; Sault Ste. Marie, to the U nited From the Lakehead, Ontario, Canada, RBN; H . B . H e l s t r o m , States/Canadian border via the Sault Ste. Sault Ste. Marie, Mich., to Carleton, Mich. Chief, Airspace and Air Marie to Timmins, Ontario, RR direct radial. The portion within Canada is excluded. Traffic Rules Division. 2. Jet Route No. 590 is amended to(Sec. 307(a), Federal Aviation Act of 1958; [F.R. Doc. 68-8067; Filed, July 8, 1968; read as follows: 49 U.S.C. 1348) 8:46. a.m.] SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 8982; Arndt. 604] 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 classi fication now in effect for the airports specified therein. For the convenience of the users, the complete procedure is repub lished in this amendment indicating the changes to the existing procedures. , As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to delete low or medium frequency range (L/M F), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Watertown, S. Dak.— Watertown Municipal, VOR 1, Amdt. 6, 15 May 1965 (established under Subpart C). 2. By amending § 97.15 of Subpart B to delete very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: Watertown, S. Dak.— Watertown Municipal, VOR/DME No. 1, Amdt. 1, 15 May 1965 (established under Subpart C). 3. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency- distance measuring equipment (VOR/DME) procedures as follows: STANDARD INSTRUMENT APPROACH PROCEDURE--- TYPE VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. _ 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. Initial approach minimum altitudes shall, correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach M inimum From— To— Via . altitudes MAP: 3.6 miles after passing A T Y VOR. (feet) R 080°, AT Y VORTAC clockwise..,...... R 020°, ATY VORTAC.. 7-mile Arc...... 3500 Climb to 3100' on R 177° within 10 miles, R 020°, AT Y VORTAC clockwise...... _ R 357°, A T Y V O R T A C .. 7-mile A rc ..!...... —...... - 3000 return to VOR. R 285°, AT Y VORTAC clockwise...... R 320°, ATY VORTAC.. 7-mile Arc...... 3300 Supplementary charting information: TDZ R320°, AT Y VORTAC clockwise...... R 357°, AT Y VORTAC.. 7-mile Arc..;;...... 3000 elevation, 1739'. 7-mile DME Arc...... ATY VORTAC (NOPT), R 357°...... 2800 Procedure tum W side of crs, 357° Outbnd, 177° Inbnd, 3000' within 10 miles of A T Y V Q RTAC. FAF, A T Y VORTAC. Final approach crs, 177°. Distance FAF to MAP, 3.6 miles. Minimum altitude over A T Y VORTAC, 2800'. MSA: 000°-090°—3100'; 090°-180°—3200'; 180°-360°—4300'. D a y a n d N ig h t M in im u m s A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS 8-17...... I... 2080 % 341 2080 % 341 2080 % 341 N A MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 226P 1 513 2260 1 513 2260 513 NA A------Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Watertown; State, S. Dak.; Airport name, Watertown Municipal; Elev., 1747'; Facility, AT Y ; Procedure No. VO R Runway 17, Amdt. 7; Efl. date, 1 Aug. 68; Sup. Amdt No. VO R 1, Amdt. 6; Dated, 15 May 65 FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY tf, 1968 9812 RULES AND REGULATIONS Standard I nstrument Approach P rocedure—Type VOR/DME Bearings, headings, courses and radiais are magnetic. Elévations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are In feet above airport elevation' Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. 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. Initial approach mintmnnr altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum From— To— ■ Via altitudes MAP: 4,7-mile DME Fix R 176°. (feet) A T Y V O R ...... 10-mile DME Fix, R 176°...... Direct______3400 Climb to 3000' on R 356° A T Y VO R with- R 176°, A T Y VO R TAC 3400 in 10 miles, return to A T Y VOR. R 077°, A T Y VO R TA C clockwise...... _. R 176°; A T Y VORTAC ...... 16-mile Arc...... 3400 Supplementary charting information: TDZ 16-mile DME Arc______.. 10-mile DME Fix, R 176° (N O P T ). ... R 176°...... 3300 elevation, 1744'. Procedure turn E side of crs, 176° Outbnd, 356° Inbnd, 3400' within 10 miles of 10-mile DME Fix, R 176° ATY VORTAC. Final approach crs, 356°. Minimum altitude over 10-mile DME Fix, R 176°, 3300'. MSA: 000°-090°—3100'; 090°-180°—3200'; 180°-360°—4300'. Day and Night Minimums ABCD ConxL MDA VIS HAT MDA VIS HAT MDA VIS H A T VIS S-35___ ...... 2160 % 416 2160 *A 416 2160 % 416 NA MDAVIS HAAMDA VIS HAAMDA VIS H AA CO IO C ______2260 1 513 2260 1 513 2260 NA A ...... _____ Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Watertown; State, S. Dak.; Airport name, Watertown Municipal; Elev., 1747'; Facility, AT Y ; Procedure No. VOR/DME Runway 35, Arndt. 2; Eff. date, 1 Aug. 68; Sup. Arndt. No. VOR/DME No. 1, Arndt. 1; Dated, 15 May 65 4. By amending § 97.27 of Subpart C to establish non directional beacon (automatic direction finder) (NDB/ADF) procedures as follows: Standard I nstrument ^Approach P rocedure—Type N D B (A D F ) Bearings, headings, courses and radlals are magnetic. Elevations and altitudes are in feet MSL, except HAT, H AA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR; 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. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 2 miles after passing SRW NDB. (feet) ...... SRW N D B ...... _ .. Direct. 2400 Climb to 2400', right turn, direct to SRW Hazel Int______SRW N D B ______- Direct__ 2400 N D B and hold. Barber Int...... S R W N D B _____ ...... ____ ._ . Direct___ ------_____ 2400 Supplementary charting information: Hold N, 1-minute right turns 197° Inbnd. Procedure turn W side of crs, 017° Outbnd, 197° Inbnd, 2400' within 10 miles of SRW N D B . FAF, SRW N D B . Final approach crs, 197°. Distance FAF to MAP, 2 miles. M inim um altitude Over SRW N D B , 1700'. MSA: 000°-090°—2400'; 090°-180°—2400'; 180°-270°—3000'; 270°-360°—2400'. N ote: Use Winston-Salem altimeter setting. Day and Night Minimums A B C D MDA VIS HAA MDA . VIS HAA VIS VIS ...... 1480 1 705 1480 1 705 N A NA A ______Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Not authorized. City, Salisbury; State, N.C.¡ Airport name, Rowan County; Elev., 775'; Facility, SRW; Procedure No. N D B (A DF) Runway 20, Arndt. Orig.; Eff. date, 1-Aug. 68- 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 June 25,1968. R. S. S lif f, • Acting Director, Flight Standards Service. [F.R . Doc. 68-7972; Filed, July 8, 1968; 8:45 a m .] FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9,1968 RULES AND REGULATIONS 9813 person having authority to approve good faith by respondents for a reason Title 16— COMMERCIAL grocery store acquisitions and mergers. ably substantial period of time in the recent, regular course of their business; Issued: June 21,1968. PRACTICES or misrepresenting, in any manner, the By the Commission. price at which such merchandise has Chapter I— Federal Trade been sold or offered for sale by respond [ s e a l ] J o s e p h W . S h e a , Commission Secretary. ents. [Docket No. C—1350] 3. Falsely representing, in any man [F.R. Doc. 68-8080; Filed, July 8, 1968; ner, that savings are available to pur PART 13— p r o h ib it e d t r a d e 8:47 a.m.] chasers or prospective purchasers of re PRACTICES spondents’ merchandise, or misrepre [Docket No. C-1349] senting, in any manner, the amount of Grand Union Co. savings available to purchasers or pro p a r t 13— p r o h ib it e d t r a d e Subpart—Acquiring corporate stock or spective purchasers of respondents’ mer assets: § 13.5 Acquiring stock or assets. PRACTICES chandise at retail.. 4. Representing, directly or by impli (Sec. 6, 38 Stat. 721; 15 U .S.C, 46. Interprets Leed’s Luggage Shops, Iric., and cation, that they are manufacturers or or applies sec. 7, 38 Stat. 731, as am ended; Aaron Horowitz 15 U.S.C. 18) [Cease and desist order, The that they own, operate, or control a fac Grand Union Co., East Paterson, N.J., Docket Subpart— Advertising falsely or mis tory or other manufacturing facility or C-1350, June 21,1968] leadingly: § 13.15 Business status, ad facilities or that they manufacture any vantages, or connections: 13.15-235(m) of the merchandise offered for sale by In the Matter of The Grand Union Co., a them. Corporation Manufacturer; § 13.155 Prices: 13.155- 40 Exaggerated as regular and cus 5. Representing, directly or by impli Consent order prohibiting a large tomary; 13.155-70 Percentage savings. cation, that as a manufacturer they are grocery chain with headquarters in East Subpart— Misrepresenting oneself and associated with other manufacturers and Paterson, N.J., from acquiring for a pe goods— Business status, advantages or thereby enabled to offer or sell goods riod of 10 years, without prior approval connections: § 13.1400 Dealer as manu at lower prices; or misrepresenting, in of the Commission, any grocery store or facturer; Misrepresenting oneself and any manner, their trade connections, as chain of more than five units, or whose goods— Prices: § 13.1805 Exaggerated sociations, or status. annual sales exceed $5 million, or whose as regular and customary. It is further ordered, That the respond combined annual sales of respondent and (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets ent corporation shall forthwith dis proposed acquired store exceeds 5 per or applies sec. 5, 38 Stat. 719, as amended; 15 tribute a copy of this order to each of cent of the trade area sales. U.S.C. 45) [Cease and desist order, feed's its operating divisions. The order to cease and desist, includ Luggage Shops, Inc., et al., New York, N.Y., It is further ordered, That the respond ing further order requiring report of Docket C-1349, June 20,1968] ents herein shall, within sixty (60) compliance therewith, is as follows: In-the Matter of Leed’s Luggage Shops, days after service upon them of this I. It is ordered. That, for a period of Inc., a Corporation, and Aaron Horo order, file with the Commission a report ten (10) years following the effective date witz, Individually and as Manager of in writing setting forth in detail the of this order, The Grand Union Co. shall Said Corporation manner and form in which they have not (A) merge with or acquire, directly complied with this order. Consent order requiring a New York or indirectly, through subsidiaries, or in Issued: June 20, 1968. any other manner, except with the prior City retailer of leather and travel goods approval of the Commission upon writ to cease making deceptive pricing and By the Commission. ten application, the whole or any part of savings claims for its merchandise and misrepresenting it business status. [ s e a l ] J o s e p h W. S h e a , any grocery store (an establishment Secretary. classified in Industry No. 5411, Standard The order to cease and desist, includ Industrial Classification Manual, 1967 ing further order requiring report of [F.R. Doc. 68-8081; Filed, July 8, 1968; revision, or a grocery department in a compliance therewith, is as follows: 8:47 a jn .] nonfood store), where such acquisition It is ordered, That respondents Leed’s or merger involves ( 1) five or more Luggage Shops, Inc., a corporation, and [Docket No. 7492] grocery stores, (2) annual grocery store its officers, and Aaron Horowitz, individ sales of more than five (5) million dol ually and as manager of said corpora p a r t 13— PROHIBITED TRADE lars, or (3) combined (respondent and tion, and respondents’ representatives, PRACTICES agents, and employees, directly or the grocery stores to be acquired or Fred Meyer, Inc., et al. merged) grocery store sales of more than through any corporate or other device, five (5) percent of total grocery or food in connection with the advertising, offer Subpart— Discriminating in price store sales in any city or county in the ing for sale, sale or distribution of lug under sec. 2, Clayton Act—Knowingly thfited States; and (B ) without sixty gage, gifts, or other leather or travel inducing or receiving discriminating (60) days prior notification to the Com goods or any other merchandise in com price under 2(f): § 13.855 , Inducing mission, merge with or acquire, directly merce, as “commerce” io defined in the and receiving discriminations. Subpart— or indirectly, through subsidiaries or in Federal Trade Commission Act, do forth Discriminating in price under section 5, other manner, any grocery store es with cease and desist from: Federal Trade Commission Act: § 13.892 tablishment for which prior approval is 1. Using the word “List” or any word Knowingly inducing or receiving dis not required pursuant to subparagraph A. or words of similar import or meaning to criminating payments. refer to any amount unless substantial II. Within thirty (30) days from the sales of such merchandise are being made (Sec. 6, 38 Stat. -721; 15 U.S.C. 46. Inter enective date of this order, and annually prets or applies sec. 2, 49 Stat. 1526; 15 U.S.C. at that or a higher price by principal ”^ e^ er until it has fully complied 13) [Modified order to cease and desist, Fred retail outlets in respondents’ trade area; with this order, Grand Union shall sub- Meyer, Inc., et al., Portland Oreg., Docket or misrepresenting, in any manner, the 7492, June 13, 1968] i a_yerifled written report to the Fed- price at which merchandise is sold in eral Trade Commission setting forth in respondents’ trade area. In the Matter of Fred Meyer, Inc., a aetau the manner and form in which it 2. Using the abbreviation “Reg.” or Corporation, and Fred G. Meyer and comply, is complying, or has Earle A. Chiles, Individually and as complied with this order. any words or other abbreviations of simi lar import or meaning to refer to any Officers of Said Corporation UJ S further ordered, That the re- amount which is in excess of the price Order modifying an order dated July K S f ? corporation shall forthwith at which such merchandise has been sold 9, 1963, 28 F.R. 8023, pursuant to an ute a copy of this order to each or openly and actively offered for sale in opinion of the Supreme Court, 390 U.S. No. 132------2 FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9814 RULES AND REGULATIONS 341 (1968), and an order of the UJS. or other device in or in connection with In the Matter of Punch Card Machine Court of Appeals, Ninth Circuit, of May any purchase by or on behalf of re Training Service, Inc., a Corpora 16, 1968, which prohibited a Portland, spondent Fred Meyer, Inc., in commerce, tion, Punch Card Training of Oreg., supermarket chain from know as “commerce” is defined in the Federal Memphis, Inc., a Corporation, and ingly inducing discriminatory prices by Trade Commission Act, of products for Walter G. Ottman, Bette K. Ottman, including in the prohibition those retail resale in outlets operated by respondent Mary A. Vonck, and Leona Thelen, ers who buy through wholesalers as well Fred Meyer, Inc., do forthwith cease Individually and as Officers of Said as direct-buying retailers. and desist from: Corporations The modified order to cease and desist, Inducing or receiving anything of any Consent order requiring two affiliated is as follows: value from any supplier as compensa business machine schools located in Mis It is ordered, That respondent Fred tion for or in consideration of adver souri and Tennessee to cease using de Meyer, Inc., a corporation, its officers, tising, promotion, or display services or ceptive offers of employment, exaggerat agents, representatives, and employees, facilities furnished by or through Fred in g^ the demand for its graduates, and Fred G. Meyer and Earle A. Chiles, Meyer, Inc., in connection with any pro misrepresenting that enrollments are individually and as' officers of and in motional scheme consisting of distribu limited, that lack of a high school connection with activities related to the tion of coupons to and return of coupons diploma is no handicap, and that refunds business of respondent Fred Meyer, Inc., by consumers in connection with the pur will be made. in connection with the offering to pur chase by consumers of products offered The order to cease and desist, includ chase or purchase by or on behalf of for resale in retail outlets of respondent ing further order requiring report of respondent Fred Meyer, Inc., in com Fred Meyer, Inc., or in connection with compliance therewith, is as fallows: merce, as “commerce” is defined in the any comparable program, or in connec It is ordered, That respondents Punch amended Clayton Act, of products for tion with any actual or purported promo Card Machine Training Service, Inc., a resale in outlets operated by respondent tion or special sale of particular products corporation, Punch Card Training of Fred Meyer, Inc., do forthwith cease to be conducted by or on behalf of and desist from: respondent Fred Meyer, Inc., when Memphis, Inc., a corporation, and their officers, and Walter G. Ottman, Bette K. Knowingly inducing, or knowingly re respondents know or should know that Ottman, Mary A. Vonck, and Leona ceiving or accepting, in connection with such compensation or consideration is Thelen, individually and as officers of any promotional scheme consisting of not being offered or otherwise made said corporations, and respondents’ distribution of coupons to and return of available by such supplier on propor agents, representatives, and employees, coupons by consumers in connection tionally equal terms to all of its other directly or through any corporate or with the purchase by consumers of prod customers, including retailer customers other device, in connection with the ucts offered for resale in retail outlets who do not purchase directly from such advertising, offering for sale, sale or dis of respondent. Fred Meyer, Inc., or in supplier, who compete with respondent tribution of courses of study, training, connection with any comparable scheme, Fred Meyer, Inc., in the sale of such and instruction in the operation of busi any discrimination in the price of such supplier’s products. ness machines or data processing ma products by directly or indirectly induc It is further ordered, That respondent chines or courses of study and instruc ing, receiving or accepting from any Fred Meyer, Inc., a corporation, and its tion in any other subject or subjects, in seller a net price respondents know or officers, and Fred G. Meyer and Earle commerce, as “commerce” is defined in should know is: A. Chiles, individually and as officers of the Federal Trade Commission Act, do (a) Below the net price at which such corporate respondent, shall, within forthwith cease and desist from: products of like grade and quality are being sold by such seller to any other sixty (60) days after service upon them 1. Representing, directly or by impli purchaser with whom respondent Fred of this order, file with the Commission a cation, that inquiries are solicited for the purpose of offering employment to quali Meyer, Inc., competes, or with whose report, in writing, setting forth in detail fied applicants: Provided, however, That customer or customers said respondent the manner and form in which they have it shall be a defense in any enforcement competes, and complied with the order to cease and proceeding instituted hereunder for re (b) Not a price differential which desist set forth herein. spondent® to establish that a bona fide makes only due allowance for differences offer of employment was made as in the cost of manufacture, sale, or Issued: June 13,1968. delivery resulting from the differing represented. By the Commission. methods or quantities in which products 2. Representing, directly or by impli are sold and delivered by such seller, and [ s e a l ] J o s e p h W . S h e a , cation, that respondents’ placement serv (c) Not a price change in response to Secretary. ice will guarantee or assure the place changing conditions affecting the market ment of graduates in jobs for which they [F.R. Doc. 68-8079; Filed, July 8, 1968; have been trained, or will find them jobs for or marketability of such products, 8:47 a.m.] such as but not limited to actual or im in the geographical areas of their choice: minent deterioration of perishable goods, or misrepresenting, in any manner, their obsolescence of seasonal goods, distress [Docket No. C-1348] ability or their facilities for assisting sales under court process, or sales in good graduates of their courses in finding em PART 13— PROHIBITED TRADE ployment, or the assistance actually af faith in dicontinuance of business in the PRACTICES goods concerned, and forded by respondents to graduates in (d) Not a price made in good faith to Punch Card Machine Training obtaining employment. meet an equally low price of a competitor Service, Inc., et al. 3. Representing, directly or by impli of the seller. cation, that a great demand by employers Subpart— Advertising falsely or mis exists for graduates of respondents’ For the purpose of determining “net leadingly: § 13.115 Jobs and employ schools or that such demand is greater price” under the terms of this order, ment service; § 13.185 Refunds, repairs, than respondents’ ability to supply grad there shall be taken into account all dis and replacements; § 13.240 Special or uates to fill such jobs; or misrepresent counts, rebates, allowances, deductions, limited offers. Subpart— Misrepresenting ing, in any manner, the employment op or other terms and conditions of sale by oneself and goods— Goods: I 13.1670 portunities for graduates of respondents which net prices are effected. Jobs and employment; § 13.1725 Re schools or courses: Provided, however. It is further ordered, That respondent funds; § 13.1747 Special or limited That nothing herein shall be construed Fred Meyer, Inc., a corporation, its offi offers. to prohibit the respondents from truth cers, agents, representatives, and em fully and nondeceptively stating that ployees, and Fred G. Meyer and Earle A. (Sec. 6, 38 Stat. 721; 15 TT.S.C. 46. Interprets or applies sec. 5, 38 Stat. 719, as amended; 15 there is a great demand for experienced Chiles, individually and as officers of and U.S.C. 45) [Cease and desist order, Punen tabulating machine personnel with high in connection with activities related to Card Machine Training Service, Inc., et ail., the business of respondent Fred Meyer, Kansas City, Mo., Docket C-1348, June 14, school education in the Kansas City area Inc., directly or through any corporate 1968] and surrounding territory. FEDERAL REGISTER, V O L 33, NO. 132— TUESDAY, JULY 9, 1968 RULES AND REGULATIONS 9815 4. Representing, directly or by impli manner and form in which they have members. The law provides a means by cation, that respondents accept only complied with this order. which this may be done, but if it is done, the manufacturer must comply with the qualified persons for their courses of in Issued: June 14, 1968. struction and training or are selective as requirements of section 2(d) of the Act. to which applicants they accept: Pro By the Commission. This requirement is simply that compen sation for such services, if made by a vided, however, That it shall be a de [ s e a l ] J o s e p h W . S h e a , fense in any enforcement proceeding in Secretary. manufacturer to one customer, must be stituted hereunder for respondents to made available on proportionally equal establish that a bona fide selection is [F.R. Doc. 68-8082; Filed, July 8, 1968; terms to other customers of that manu 8:47 a.m.] made of applicants based on established facturer who compete with the favored guides and standards clearly disclosed customer in the sale of the manufac in immediate conjunction with the rep PART 15— ADMINISTRATIVE turer’s products. This means, among other things, that any plan or program, resentation made, OPINIONS AND RULINGS 5. Representing, directly or by implica under which the payments are made tion, that respondents only accept as Lower Price to “Stocking” Dealers must, if necessary, provide for alterna students those persons who apply for tive services or facilities which, as a § 15.263 Lower price to “ stocking” deal practical matter, can be provided by all enrollment in respondents’ courses at the ers. time the offer is made; or that enroll competing customers.” ment therein cannot be accepted there (a) The Commission rendered an ad .(f) Concluding its opinion, the Com after; or that only a limited number of visory opinion in which it said that it mission cautioned as follows: “It should students can be accepted for respondents’ could not give its approval to a plan be noted, however, that payments by courses of instruction and training; or whereby manufacturers would give a manufacturers to their customers ‘to that only a specified number of appli lower price to “stocking” dealers who stimulate the purchase of their goods for cants responding to a particular adver compete with “non-stocking” dealers. inventory,’ are not payments of the type tisement of respondents or from a par The opinion was given to a trade asso contemplated by section 2(d). Such a ticular area can be accepted for enroll ciation which represents manufacturers payment would merely be a reduction in ment in respondents’ courses; or that of a household product. price to induce the purchase of the there are any limitations on the number (b) As justification for the variance manufacturer’s goods and, if given to of students who can be enrolled. in the proposed pricing schedules, the some but not all of the manufacturer’s 6. Representing, directly or by impli association pointed out that “stocking” customers, might be unlawful price dis crimination within the meaning of sec cation, that the lack of a high school dealers experience a higher cost of tion (a ).” education is not a handicap or impedi doing business and, therefore, must sell 2 ment for a person to take and complete at higher prices than their competing (38 Stat. 717, as amended; 15 U.S.G. 41-58; respondents’ course or courses of in “non-stocking” dealers. It was also con 49 Stat. 1526; 15 U.S.C., as amended) tended that such a price differential struction or training or to obtain employ Issued: July 8, 1968. ment; or misrepresenting, in any man would stimulate the purchase of the ner, the educational nr other require product in question for inventory. By the direction of the Commission.1 ments for such training and employment, (c) Expressing the view that it could not give its approval to such two price [ s e a l ] J o s e p h W . S h e a , 7. Representing, directly or by impli schedules if the “stocking” and “non Secretary. cation, that persons completing respond stocking” dealers compete and if the [F.R. Doc. 68-8035; Filed, July 8, 1968; ents’ courses will earn starting or pricing differentials are of sufficient 8:45 a.m.] average salaries in excess of salaries magnitude to adversely affect competi actually and customarily paid to persons tion, the Commission concluded that the of like age, experience, and training; or proposed plan could result in illegal price PART 15— ADMINISTRATIVE misrepresenting, in any manner, the discrimination under section (a) of the OPINIONS AND RULINGS earnings which will be realized by per 2 Clayton Act, as amended. In its opinion, sons completing said courses of instruc Stocking, Quantity, and Cumulative tion. the Commission went on to point out that such price differences would be illegal Discounts 8. Representing, directly or by impli unless they could be justified on the basis § 15.264 Stocking, quantity, and cumu cation, that respondents’ school occupies of one of the specific defenses provided lative discounts. all of the building in which it is located, in sections 2 (a) and (b) of the statute. or is larger than it in fact is, or that such (a) The Commission rendered an ad (d) “For example,” the Commission school provides or has available physical visory opinion to a manufacturer of food facilities which are not, in fact, available. said, “the law permits price differences serving equipment which involved a pro which can be justified by provable cost 9. Representing, directly or by impli posal to use stocking, quantity, and differences in the manufacture, sale, or cumulative price discounts. cation, that respondents will refund delivery of such products resulting from sums paid by or in behalf of a student. (b) Under the first category, a dis the differing methods or quantities in count of 50 percent and 15 percent would 10. Failing to deliver a copy of this which the products are sold or delivered. be given to stocking dealers who con order to cease and desist to all present Accordingly, section 2(a) does not pre tinually order in large quantities and and future salesmen or other persons clude prices reflecting less costly and, maintain a regular stock of the product engaged in the sale of the respondents’ therefore, more efficient methods of dis in question for local delivery to restau courses to purchasers; and failing to tribution provided that the standards rants, hospitals, etc. secure from each such salesman or other inherent in the statute’s cost justification (c) The second category involves the person a signed statement acknowledg proviso are met.” following quantity discount schedule to ing receipt of said order. (e) Although the party seeking the dealers based upon each order: It is further ordered, That the respond advisory opinion did not raise the ques Amount purchased Discount ent corporations shall forthwith distri tion, the Commission’s opinion touched bute a copy of this order to each of their I - 11 dozen------50 percent. upon another point of interest in this I I - 24 dozen------50 percent and 5 operating divisions. type of a situation. Specifically, the percent. It is further o rd e re d That the re Commission said: “ * * * it is conceiv 25 and more dozen____ 50 percent and 10 spondents herein shall, within sixty able that certain members may wish to percent. compensate their customers for services (60) days after service upon them of this which the customers may render for order, file with the Commission a report 1 Dissenting statements of Commissioners them in connection with the handling or Elman and .Nicholson filed as part of original m writin& setting forth in detail the resale of products manufactured by such document. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9816 RULES AND REGULATIONS (d) Each dealer will receive the fol had it been cleared, approved, or en § 203.377 -Mortgagee’s liability for waste. lowing additional cumulative volume dis dorsed by the Pood and Drug Adminis [Revoked] count at the end of each year based upon tration. Therefore, any claims which § 203.378 Adjustment for waste, nv the total dollar volume of purchases for represent the product as a drug, or that voked] that year: it has been cleared, approved, or en D iscount dorsed by the Government agency in Section 203.380 is amended to read Annual purchases ( percent) question would be improper. as follows: $1—$3,499 ______0 (c) Based upon all the facts and $3,500-$5,999 ______1 § 203.380 Certificate of property con- scientific information available to it, the dition. $6,000-$8,499 ______2 Commission also advised the requesting $8,500—$10,499 ______3 party that any advertising representa The mortgagee shall either certify that $11,000-$14,999 ------4 as of the date of the filing for record of $15,000-U p ______5 tions which go beyond the claim that the product inhibits the growth of body odor the deed, or assignment of the mortgage (e) Stocking dealers will be in com causing bacteria would violate sections to the Commissioner, the property was petition with nonstocking dealers and 5 and 12 of the FTC Act. undamaged by fire, flood, earthquake, nonstocking dealers will also compete or tornado, or shall describe the damage (d) Finally, the Commission stated to such property resulting from such with each other. Under the terms of the that, as a general rule, it would be in hazards as of such date. In the absence proposed pricing schedules, stocking clined to question the use of any claim dealers could get a price advantage of as of evidence to the contrary, the mort that a product is “new” for a period of gagee’s certificate or description of the much as 15 percent over nonstocking time longer than 6 months. dealers, and nonstocking dealers could damage shall be accepted by the Com also receive up to 15 percent price advan (38 Stat. 717, as amended; 15 U.S.C. 41-58) missioner as establishing the condition tage over their nonstocking competitors. Issued: July 8,1968. of the property, as of the date of the (f) After making a brief explanation filing of the deed or assignment of the By direction of the Commission. mortgage. of the requirements of section 2 (a) of the amended Clayton Act, the Commis [ s e a l ] J o s e p h W . S h e a , (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. In sion advised the requesting party as fol Secretary. terprets or applies sec. 203, 52 Stat. 10, as amended; 12 U.S.C. 1709) . lows: “It is, of course, impossible to reach [F.R. Doc. 68-8034; Filed, July 8, 1968; a definitive conclusion as to the economic 8:45 a.m.] In § 234.270 the introductory text of impact of such a pricing proposal with paragraph (a) is amended and a new out an investigation. However the Com paragraph (d) is added to read as mission has given your request careful follows: consideration, and it has concluded that Title 24— HOUSING AND § 234.270 Condition of the multifamily it cannot give its approval to the proposal structure. because it believes that the necessary HOUSING CREDIT (a) Wlien a family unit Is conveyed ingredients are present from which it or a mortgage is assigned to the Commis can reasonably infer that such a proposal Chapter II— Federal Housing Admin sioner, the family unit and the common would likely result in the anticompetitive istration, Department of Housing areas and facilities designated for the effects proscribed by the statute. A and Urban Development particular unit shall be undamaged by pricing schedule which results in a price SUBCHAPTER C— MUTUAL MORTGAGE INSUR fire, earthquake, tornado, or boiler ex advantage of as much as 15 percent under ANCE AND INSURED HOME IMPROVEMENT plosion, except if the property has been the facts outlined in this case would LOANS damaged, either of the following actions therefore probably be illegal, unless it shall be taken: can be justified by provable cost differ PART 203— MUTUAL MORTGAGE IN * * ♦ * * ences in the manufacture, sale, or deliv SURANCE AND INSURED HOME IM (d) The mortgagee shall not be liable ery of such products or unless the lower PROVEMENT LOANS for damage to the property by waste in price is made in good faith to meet an Subpart B— Contract Rights and connection with mortgage insurance equally low price of a competitor.” Obligations claims paid on or after July 2, 1968. (38 Stat. 717, as amended, 15 U.S.C. 41-58; (Sec. 211, 52 Stat. 23; 12 U33.C. 1715b. Inter SUBCHAPTER L— CONDOMINIUM HOUSING 49 Stat. 1526, 15 U.S.C. 13, as amended) prets or applies sec. 234, 75 Stat. 160; 12 INSURANCE U.S.C. 1715y) Issued: July 8, 1968. PART 234— CONDOMINIUM OWNER Issued at Washington, D.C., July 2, By direction of the Commission.1 SHIP MORTGAGE INSURANCE 1968. P h i l i p N. B r o w n s t e iN, [ s e a l ] J o s e p h W. S h e a , Subpart B— Contract Rights and Ob Secretary. Federal Housing Commissioner. ligations— Individually Owned [F.R. Doe. 68-8036; Filed, July 8,' 1968; [FJR. Doc. 68-8085; Filed, July 8, 1968; 8:45 a m .] Units 8:47 a m .] M iscellaneous A m e n d m e n t s PART 15— ADMINISTRATIVE The following miscellaneous amend OPINIONS AND RULINGS ments have been made to this chapter: Title 26— INTERNAL REVENUE Section 203.375 is amended to read as Chapter I— Internal Revenue Service, Personal Deodorant Spray follows: Department of the Treasury § 15.265 Personal deodorant spray. § 203.375 Properly condition. SUBCHAPTER A— INCOME TAX (a) The Commission rendered an ad (a) When the property is transferred, [TJD.6962] visory opinion to a manufacturer of a or a mortgage is assigned to the Com personal deodorant spray concerning the missioner, the property shall be undam PART 1— INCOME TAX; TAXABLE aged by fire, earthquake, flood, or tor legality of some proposed advertising. YEARS BEGINNING AFTER DECEM nado, except as set forth in this subpart. BER 31, 1953 (b) Specifically, the Commission ad (b) The mortgagee shall not be liable vised the requesting party that the prod for damage to the property by waste in Consolidated Returns; Allocation of uct was not a drug but a cosmetic, nor connection with mortgage insurance Tax Liability Among Members of claims paid on or after July 2, 1968. an Affiliated Group 1 Commissioners Elman and Nicholson Sections 203.376, 203.377, and 203.378 Correction dissent from that part of the Advisory are revoked as follows: Opinion relating to discounts for stocking In F.R. Doc. 68-7896 appearing at page dealers. §203.376 Waste defined. [Revoked] 9653 in the issue of Wednesday July * FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 RULES AND REGULATIONS 9817 1968, the reference to “January 1, 1968” ations of the Federal Bureau of Investi jurisdictions, and the Assistant Attorney in § 1.1502-33(d) (3) (ii) should read gation, the Bureau of Prisons, the General for Administration, as to all “July 1, 1968”. Federal Prison Industries, the Immigra other organizational units of the Depart tion and Naturalization Service, and the ment (including U.S. Attorneys and Bureau of Narcotics and Dangerous Marshals), are authorized to exercise Drugs. the power and authority vested in the Attorney General by law to take Title 28— JUDICIAL § 0.138 Bureau of Prisons, Federal Prison Industries, Immigration and final action in the following-described ADMINISTRATION Naturalization Service, and Bureau matters: of Narcotics and Dangerous Drugs. * * * * * Chapter I— Department of Justice The Director of the Bureau of Pris § 0.141 Audit and ledger accounts. [Order 397-68] ons, the Commissioner of Federal Pris The Director of the Federal Bureau of BUREAU OF NARCOTICS AND on Industries, the Commissioner of Im Investigation, the Director of the Bureau DANGEROUS DRUGS migration and Naturalization, and the of Prisons, the Commissioner of Immi Director of the Bureau of Narcotics and gration and Naturalization, and the Under and by virtue of the authority Dangerous Drugs are, as to their re Director of the Bureau of Narcotics and vested in me by sections 509 and 510 of spective jurisdictions, authorized to exer Dangerous Drugs are, as to their respec Title 28 and section 301 of Title 5 of cise the power and authority vested in tive jurisdictions, authorized to audit the United States Code; Subparts A, U, the Attorney General by law to take final vouchers and to maintain general ledger V, and W of Part 0, and Subparts A and action in matters pertaining to the em accounts with respect to appropriations C of Part 47, Chapter I, of Title 28 of ployment, direction, and general ad allotted to them. the Code of Federal Regulations are ministration (including appointment, as amended as follows: signment, training, promotion, demotion, § 0.142 Per diem and travel allowances. compensation, leave, classification, and The Director of the Federal Bureau PART 0—ORGANIZATION OF THE separation) of personnel, except attor DEPARTMENT OF JUSTICE of Investigation, the Director of the neys, in the Bureau of Prisons, Federal Bureau of Prisons, the Commissioner of Subpart A— Organizational Structure Prison Industries, the Immigration and Federal Prison Industries, the Commis Naturalization Service, and the Bureau of the Department of Justice sioner of Immigration and Naturaliza of Narcotics and Dangerous Drugs, re tion, the Director of the Bureau of Nar § 0.1 Organizational units. spectively, in Classification Act grades cotics and Dangerous Drugs, as to their * * * * * GS-1 through GS-13 and in wage board respective jurisdictions, and the Assist positions. All personnel actions taken Bureaus ant Attorney General for Administra under this section shall be subject to * * * * * tion, as to all other organizational units postaudit and correction by the Assistant of the Department (including U.S. Attor Bureau of Narcotics and Dangerous Drugs. Attorney General for Administration and neys and Marshals), are authorized to * * * * * to review by the Deputy Attorney Gen exercise the power and authority vested Subpart U— Additional Assignments eral. in the Attorney General by law to take of Functions and Designation of § 0.139 Procurement matters. final action in the following-described matters : Officials To Perform the Duties of The following shall control as to pro Certain Offices in Case of Vacancy curement matters: * * * * * or Absence Therein or in Case of (a) Except as to those matters desig § 0.143 Incentive Awards Plan. Inability or Disqualification To Act nated by the Assistant Attorney General The Director of the Federal Bureau of for Administration, to whom the respon Investigation, the Director of the Bureau § 0.134 Vacancy in the Office of Direc sibility for control of expenditures is of Prisons, the Commissioner of Federal tor, Bureau o f Narcotics and Danger assigned by § 0.75, the Director of the ous Drugs. Prison Industries, the Commissioner of Federal Bureau of Investigation, the Di Immigration and Naturalization, the Di In the event of a vacancy in the Office rector of the Bureau of Prisons, the Com rector of the Bureau of Narcotics and of Director, Bureau of Narcotics and missioner of Federal Prison Industries, Dangerous Drugs, as to their respective Dangerous Drugs, the powers and func the Commissioner of Immigration and jurisdictions, and the Assistant Attorney tions of the Director may be exercised, Naturalization, and the Director of the General for Administration, as to all separately or jointly, by the Associate Di Bureau of Narcotics and Dangerous other organizational units of the Depart rectors of the Bureau. Drugs are, as to their respective juris ment (including U.S. Attorneys and M ar dictions, authorized to exercise the au Subpart V— Authorizations With Re shals), are authorized to exercise the thority vested in the Attorney General power and authority vested in the Attor by law with respect to procurement spect to Personnel and Certain Ad ney General by law with respect’to the ministrative Matters matters. administration of the Incentive Awards (b) The Assistant Attorney General Plan and to approve honorary awards § 0.136 Assistant Attorney General for for Administration is authorized to post- Administration. - and cash awards under such plan not in audit and correct any procurement excess of $500. Except for the authority conferred in transactions throughout the Depart §§ 0.137 and 0.138, the Assistant Attorney ment, and to inspect at any time the § 0.144 Determination of basic work General for Administration is authorized procurement operations of the Federal week. Bureau of Investigation, the Bureau of to exercise the power and authority The Director of the Federal Bureau of vested in the Attorney Général by law Prisons, the Federal Prison Industries, the Immigration and Naturalization Investigation, the Director of the Bureau to take final action on matters pertaining of Prisons, the Commissioner of Federal to the employment, separation, and gen Service, and the Bureau of Narcotics and Dangerous Drugs. Prison Industries, the Commissioner of eral administration of personnel, except Immigration and Naturalization, the attorneys, in the Department of Justice § 0.140 Authority relating to advertise Director of the Bureau of Narcotics and j? Classification Act grades GS-1 ments, and purchase of certain sup Dangerous Drugs, as to their respective through GS-14, and in wage board posi plies and services. jurisdictions, and the Assistant Attorney tions, and to classify positions in the The Director of the Federal Bureau of General for Administration, as to all epartment under the Classification Act Investigation, the Director of the Bureau other organizational units of the Depart and wage board systems regardless of of Prisons, the Commissioner of Federal ment (including U.S. Attorneys and shall also have authority to Prison Industries, the Commissioner of Marshals), are authorized to exercise and correct any personnel ac- Immigration and Naturalization, the Di the authority vested in the Attorney Gen- ons throughout the Department, and to rector of the Bureau of Narcotics and eral by section 6101(b) of Title 5, United spect at any time any personnel oper Dangerous Drugs, as to their respective States Code, to determine that the FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9818 RULES AND REGULATIONS organizational unit concerned would be Assistant Attorney General for Admin of Prisons, the Commissioner of Federal seriously handicapped in carrying out its istration. Prison Industries, the Commissioner of Immigration and Naturalization, the functions or that costs would be sub § 0.148 Certifying officers. stantially increased except upon modifi Director of the Bureau of Narcotics and cation of the basic work week, and when The following-named officials are au Dangerous Drugs, as to their respective ever such determination is made to fix thorized to designate employees to cer jurisdictions, and the Assistant Attorney the basic work week of officers and tify vouchers under section 1 of the Act General for Administration, as to all employees of the unit concerned. of December 29, 1941, 55 Stat. 875 (31 other organizational units of the De U.S.C. 82b), and to certify that such partment (including U.S. Attorneys and § 0.145 Overtime pay. persons are bonded pursuant to the Act Marshals), are authorized to designate, The Director of the Federal Bureau of of August 9, 1955, 69 Stat. 618; for the in writing, pursuant to the provisions of Investigation, the Director of the Bureau Federal Bureau of Investigation, the Di sections 2903(b) and 2904 of Title 5, of Prisons, the Commissioner of Federal rector; fox the Bureau of Prisons, the United States Code, officers or employees Prison Industries, the Commissioner of Director, and the Associate Commis to administer the oath of office required Immigration and Naturalization, the sioner, Federal Prison Industries; for by section 3331 of Title 5, United States Director of the Bureau of Narcotics and the Federal Prison Industries, the Asso Code, and to administer any other oath Dangerous Drugs, as to their respective ciate Commissioner, and the Director, required by law in connection with em jurisdictions, and the Assistant Attorney Bureau of Prisons; for the Immigration ployment in the executive branch of the General for Administration, as to all and Naturalization Service, the Commis Federal Government. other organizational units of the Depart sioner; for the Bureau of Narcotics and Dangerous Drugs, the Director; and for § 0.152 Approval of funds for attend ment (including U.S. Attorneys and Mar ance at meetings. shals), may, subject to any regulations all other organizational units of the De which the Attorney Général may pre partment (including UJS. Attorneys and The Director of the Federal Bureau of scribe, authorize overtime pay (including Marshals), the Assistant Attorney Crfen- Investigation, the Director of the Bureau additional compensation in lieu of over eral for Art ministration. of Prisons, the Commissioner of Immi gration and Naturalization, the Director time of not less than 10 percent nor more § 0.149 Disbursing employees. than 25 percent pursuant to section of the Bureau of Narcotics and Dan 5545(c) (2) of Title 5, United States Code, The Director of the Federal Bureau of gerous Drugs, as to their respective as amended by section 217 of the Postal Investigation, the Director of the Bu jurisdictions, and the Assistant Attorney Revenue and Federal Salary Act of 1967) reau of Prisons, the Commissioner of General for Administration, as to all for such positions as may be designated Federal Prison Industries, the Commis other organizational units of the Depart by them. sioner of Immigration and Naturaliza ment (including U.S. Attorneys and tion, and the Director of the Bureau of Marshals), are authorized to exercise § 0.146 Seals. Narcotics and Dangerous Drugs, as to the power and authority vested in the The Director of the Federal Bureau of their respective jurisdictions, and the Attorney General by law to prescribe Investigation, the Director of the Bureau Assistant Attorney General for Admin regulations for the expenditure of ap of Prisons, the Commissioner of Federal istration as to all other organizational propriated funds available for expenses Prison Industries, the Commissioner of units of the Department (including U.S. of attendance at meetings of organiza Immigration and Naturalization, the Attorneys and Marshals), are author tions. Chairman of the Board of Parole, and ized to request Treasury Department designation of disbursing employees (in § 0.153 Selection and assignment of em- the Director of the Bureau of Narcotics ployees for training. and Dangerous Drugs shall each have cluding cashiers), and to certify that custody of the seal pertaining to his such employees are bonded pursuant to The Director of the Federal Bureau of respective jurisdiction and he, or such the Act of August 9, 1955, 69 Stat. 618. Investigation, the Director of the Bureau person or persons as he may designate, Existing authorizations to request desig of Prisons, the Commissioner of Federal may execute under seal any certification nations and approve bonds shall remain Prison Industries, the Commissioner of required to authenticate any books, in effect until terminated by the official Immigration and Naturalization, and the records, papers, or other documents as who by this section would be authorized Director of the Bureau of Narcotics and true copies of official records of their to request such designations. Dangerous Drugs, as to their respective respective jurisdictions. The Assistant jurisdictions, and the Assistant Attorney § 0.150 Collection of erroneous pay General for Administration, as to all Attorney General for Administration ments. shall have custody of the seal of the other organizational units of the Depart Department of Justice, and he, or such The Director of the Federal Bureau of ment (including U.S. Attorneys and person or persons as he may designate, Investigation, the Director of the Bureau Marshals), are hereby authorized to may execute under seal any certification of Prisons, the Commissioner of Federal exercise the authority vested in the At required to authenticate any books, Prison Industries, the Commissioner of torney General by section 4109 of Title records, papers, or other documents as Immigration and Naturalization, the 5, United States Code, with respect to true copies of official records of the Director of the Bureau of Narcotics and the selection and assignment of employ Department of Justice. Dangerous Drugs, for their respective ees for training by, in, or through Gov jurisdictions, and the Assistant Attorney ernment facilities and the paym ent or § 0.147 Certification o f obligations. General for Administration, for all other reimbursement of expenses for such The following-designated officials are organizational units of the Department training. authorized to make the certifications re (including U.S. Attorneys and M ar § 0.154 Advance and evacuation pay' quired by section 1311(c) of the Supple shals) , are authorized, in accordance with merits and special allowances. mental Appropriation Act, 1955 (68 Stat. the regulations prescribed by the Attor 831; 31 UjS.C. 200(c)); for the Federal ney General under section 5514(b) of The Director of the Federal Bureau of Bureau of Investigation, the Assistant Title 5, United States Code, to collect Investigation, the Director of the Bureau Director, Administrative Division; for indebtedness resulting from erroneous of Prisons, the Commissioner o f Federal the Bureau of Prisons, the Deputy As payments to employees. The Assistant Prison Industries, the Commissioner oi sistant Director, Administrative Serv Attorney General for Administration is Immigration and Naturalization, and tn ices; for Federal Prison Industries, the authorized to redelegate his authority Director of the Bureau of N arco tics anu Secretary; for the Immigration and Nat under this section to U.S. Marshals with Dangerous Drugs, as to their respectiv uralization Service, the Assistant Com respect to the collection of such in jurisdictions, and the Assistant Attorn y missioner, Administrative Division; for debtedness from U.S. Attorneys and General for Administration, as to an the Bureau of Narcotics and Dangerous Marshals. other organizational units of the Depa - Drugs, the Assistant Director for Admin ment (including U.S. Attorneys an § 0.151 Administering Oath o f Office. istration; and for all other organiza Marshals), are hereby authorized tional units of the Department (includ The Director of the Federal Bureau of exercise the authority vested jn _ ing UJ5. Attorneys and Marshals), the Investigation, the Director of the Bureau Attorney General by sections 5522- d FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 RULES AND REGULATIONS 9819 of Title 5, United States Code, and Exec tion and Naturalization, and the Director ing further amendments to its State utive O rder No. 10982 of December 25, of the Bureau of Narcotics and Danger ments of Procedure and to its Rules and 1961, and to administer the regulations ous Drugs, with respect to employees un Regulations, Series 8, as amended, which adopted by the Attorney General in der their respective jurisdictions, and it finds necessary to carry out the provi Order No. 269-62 with respect to advance the Assistant Attorney General for Ad sions of said Act, such amendments to be and evacuation payments and special ministration, with respect to all other effective July 8,1968. allowances. organizational units of the Department, National Labor Relations Board State shall be responsible for implementing § 0.159 Redelegation o f authority. ments of Procedure and Rules and Regu this part. These officials shall be respon lations, Series 8, as hereby further Except as to the authority delegated by sible for (a) issuing such implementing amended, shall be in force and effect § 0.147, the authority conferred by this instructions as may be appropriate; (b) until further amended, or rescinded by Subpart V upon the Deputy Attorney providing advice and assistance to super the Board. General and the Assistant Attorney Gen visors and employees in the use of the eral for Administration may be redele systems for reconsideration and review Dated: Washington, D.C., July 2,1968. gated by them, respectively, to any of established by this part and the appli By direction of the Board. their subordinates or to any other officers cable regulations of the Civil Service H o w a r d W. K l e e b , or employees of the Department. Sub Commission; (c) taking appropriate ac Acting Executive Secretary. ject to the same limitation, the authority tion to insure that employees are advised conferred by this Subpart V upon the of their rights under this part, and the 1. Section 101.1 is amended to read Director of the Federal Bureau of In regulations of the Civil Service Com as follows: vestigation, the Director of the Bureau mission herein referred to, and that cop §■ 101.1 General statement. of Prisons, the Commissioner of Federal ies of this part, and those regulations, Prison Industries, the Commissioner of are available to employees and their rep By virtue of the authority vested in Immigration and Naturalization, and the resentatives; and (d) insuring that in it by section 6 of the National Labor Director of the Bureau of Narcotics and dividual cases are processed in accord Relations Act, 49 Stat. 449, as amended, Dangerous Drugs may be redelegated by ance with this part and the applicable the National Labor Relations Board has them, respectively, to such officers and regulations of the Civil Service Com issued and published simultaneously employees under their jurisdiction and mission. herewith its Rules and Regulations, to such U.S. Attorneys as they may desig Series 8, as amended. The following nate. Existing delegations of authority Subpart C— Appeals statements of the general course and to officers and employees and to U 5 . § 47.10 Right to appeal. method by which the Board’s functions Attorneys, not inconsistent with this are channeled and determined are issued ♦ * * * * Subpart V, made by any officer named in and published pursuant to 5 U.S.C. sec this section shall continue in force and (c) Subject to the provisions of paration 5 5 2 (a)(1 )(B ). graph (d) of this section, appeals shall effect until modified or revoked. 2. Section 102.118 is amended to read be decided (1) by the Director of the as follows: Subparf W— Authority to Compromise Bureau of Prisons, the Commissioner of and Close Civil Claims and Respon Federal Prison Industries, the Commis § 102.118 Board employees prohibited sibility for Judgments, Fines, Pen sioner of Immigration and Naturaliza from producing files, records, etc., alties, and Forfeitures tion, the Director of the Bureau of pursuant to subpoena ad testifican Narcotics and Dangerous Drugs, or an dum or subpoena duces tecum; pro §0.179 Authority; Federal tort claims. official designated by them, for employees hibited from testifying in regard thereto ; production o f witnesses’ (a) The Director of the Bureau of under their respective jurisdictions statements after direct testimony. Prisons, the Commissioner of Federal regardless of grade or ty p e of appoint Prison Industries, the Commissioner of ment; and (2) by the Assistant Attorney (a) No regional director, field exam Immigration and Naturalization, and the General for Administration, or an offi iner, trial examiner, attorney, specially Director of the Bureau of Narcotics and cial designated by him, for all other designated agent, general counsel, mem Dangerous Drugs shall have authority employees. ber of the Board, or other officer or em to adjust, determine, compromise, and ♦ * * * * ployee of the Board shall produce or settle a claim involving the Bureau of Effective date. This order shall be present any files, documents, reports, Prisons, Federal Prison Industries, the effective upon signature. memoranda, or records of the Board or Immigration and Naturalization Service, testify in behalf of any party to any and the Bureau of Narcotics and Dan- Dated: July 2,1968. eause pending in any court or before the Board, or any other board, commission, o«»0US ^-)ru&s» respectively, under section R a m s e y C l a r k , *672 of Title 28, United States Code, re Attorney General. or other administrative agency of the lating to the administrative settlement United States, or of any State, territory, of Federal tort claims, if the amount of a [F.R . Doc. 68-8098; Filed, July 8, 1968; or the District of Columbia with respect 8:49 a.m.] proposed adjustment, compromise, set- to any information, facts, or other matter or award does not exceed $2,500. coming to his knowledge in his official When in the opinion of one of the said capacity or with respect to the contents Directors or one of the said Commis Title 29— LABOR of any files, documents, reports, memo sioners such a claim pending before him randa, or records of the Board, whether presents a novel question of law or a Chapter I— National Labor Relations in answer to a subpena, subpoena duces question of policy, he shall obtain the Board tecum, or otherwise, without the written aavice of the Assistant Attorney General consent of the Board or the chairman in charge of the Civil Division. PART TOT— STATEMENTS OF of the Board if the official or document PROCEDURE, SERIES 8 is subject to the supervision or control of the Board; or the general counsel if Subpart A— General Statement the official or document is subject to the PA?J 47— ^CONSIDERATION AND PART 102— RULES AND REGULA supervision or control of the general Rfv,EW OF ADVERSE ACTIONS TIONS, SERIES 8 counsel. Whenever any subpoena ad IN THE DEPARTMENT OF JUSTICE testificandum or subpoena duces tecum, Subpart K— Records and Information the purpose of which is to adduce testi Subpart A— General Provisions mony or require the production of rec M iscellaneous A m e n d m e n t s § 47.4 Implementation. ords as described hereinabove, shall By virtue of the authority vested in it have been served on any such person or Director of the Bureau of Prisons, by the National Labor Relations Act, ap other officer or employee of the Board, e Commissioner of Federal Prison In proved July 5, 1935, the National Labor he will, unless otherwise expressly di dustries, the Commissioner of Immigra- Relations Board hereby issues the follow- rected by the Board or the chairman of FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9820 RULES AND REGULATIONS the Board or the general counsel, as the stenographic, mechanical, electrical, or (40 Stat. 449; 29 U.S.C. 151-166, as amended case may be, move pursuant to the ap other recording, or a transcription there by act of June 23, 1947 (61 Stat. 136; 29 plicable procedure, whether by petition of, which is a substantially verbatim re U.S.C. Supp. 151-167), act of Oct. 22, 1951 to revoke, motion to quash, or other cital of an oral statement made by said (65 Stat. 601; 29 U.S.C. 158, 159, 168), and wise, to have such subpena invalidated witness to an agent of the party obli act of Sept. 14, 1959 (73 Stat. 519; 29 U.S.C. on the ground that the evidence sought gated to produce the statement and re 141-168)) is privileged against disclosure by this corded contemporaneously with the [F.R. Doc. 68-8063; Filed, July 8, 1968- rule. making of such oral statement. 8:45 a.m.] (b) (1) Notwithstanding the prohibi tions of paragraph (a) of this section, after a witness called by the general counsel or by the charging party has Title 41— PUBLIC CONTRACTS AND PROPERTY MANAGEMENT testified in a hearing upon a complaint Chapter 5— General Services Administration under section 10(c) of the act, the trial examiner shall, upon motion of the re PART 5-30— CONTRACT FINANCING spondent, order the production of any Illustrations statement (as hereinafter defined) of such witness in the possession of Correction the general counsel which relates to In F.R. Doc. 68-7728 appearing at page 9547 in the issue of Saturday, June 29, the subject matter as to which the 1968, the ratio in § 5-30.551-3(c) (1) should read as follows: witness has testified. If the entire Percentages (B,C, or D ): Percentage A=Costs of direct labor and materials ¡Total costs. contents of any such statement re (B ,C , o r D ): 0.85=$63,000 :$90,000. late to the subject matter of the testi mony of the witness, the trial examiner shall order it to be delivered directly to Chapter 9— Atomic Energy Such liaison may include arrangements with respect to the AEC Area Offices and cost-type the respondent for his examination and Commission contractors administered by an Operations use for the purpose of cross-examination. PART 9-1— GENERAL Office. (2) If the general counsel claims that Where an AEC Operations Office is lo any statement ordered to be produced Subpart 9—1.7— Small Business cated in one SBA area and the AEC Area under this section contains matter which Concerns Offices and cost-type operating contractors does not relate to the subject matter of are located in other S B A areas, the SBA the testimony of the witness, the trial Area Office serving the area in which the PART 9-4— SPECIAL TYPES AND AEC Area Office or cost-type operating con examiner shall order the general counsel METHODS OF PROCUREMENT tractor is located shall contact the AEC Op to deliver such statement for the inspec erations Office concerned regarding the es tion of the trial examiner in camera. PART 9-7— CONTRACT CLAUSES tablishment of liaison procedures for such Upon such delivery the trial examiner Subpart 9—7.50— Use of Standard Area Office or cost-type contractor. shall excise the portions of such state * * * * * ment which do not relate to the subject Clauses 2. In § 9-4.000-50, Policy, AEC con matter of the testimony of the witness. PART 9-9— PATENTS AND tractors, paragraph (a) is amended to With such material excised the trial COPYRIGHTS correct the title ,of Subpart 9-4.54. As examiner shall then direct delivery of amended, § 9-4.000-50 (a) reads as such statement to the respondent for his Subpart 9—9.50— Patents, Inventions, follows: use on cross-examination. If, pursuant Technical Data to such procedure, any portion of such § 9—4.000—50 Policy, AEC contractors. M iscellaneous A m e n d m e n t s statement is withheld from the respond (a) The following portions of this part ent and the respondent objects to such 1. In § 9-1.751, AEC-SBA Agreement,constitute specific provisions which the withholding, the entire text of such paragraphs (a) and (b) and subpara contracting officer shall bring to the statement shall be preserved by the gen graph (c) ( 1) are revised to read as attention of AEC contractors, where ap eral counsel, and, in the event the re follows: plicable, for appropriate action. spondent files exceptions with the Board based upon such withholding, shall be § 9 —1.751 AEC-SBA Agreement. Section or made available to the Board for the pur * * * * * subpart Subject “R epresen tation ” for pose of determining the correctness of (a ) Introduction. The purpose of this A E C PR 9-4.5008____ use in subcontracts the ruling of the trial examiner. If the document is to revise and to continue an a n d purchase orders agreement between the Atomic Energy Com general counsel elects not to comply with o f prim e contractor mission (AEC) and the Small Business Ad an order of the trial examiner directing holding statutory in ministration (SBA), which has resulted in a delivery to the respondent of any such dem nity agreement. friendly cooperative relationship since the statement, or such portion thereof as the Contracts and Subcon agreement was established originally in 1953. A E C PR 9-4.54. tracts Utilizing Ura trial examiner may direct, the trial ex The agreement provides a basis for coopera nium Enriched in the aminer shall strike from the record the tion between the two agencies in order to Isotope U 235. testimony of the witness. further the AEC small business program and (c) The provisions of paragraph (b) the intent of Congress which is set forth in * * * * * of this section shall also apply after any the Small Business Act. To the extent appli 3. The following section is inserted in cable, the agreement is supplemented by the witness has testified in any postelection § 9-7.5006: hearing pursuant to § 102.69(d) and any Federal Procurement Regulations (FPR’s) party has moved for the production of pertaining to Small Business, which include § 9-7.5006-16 Background patent rights definitions and uniform procedures for set- and background technical data. any statement (as hereinafter defined) asides and Certificates of Competency. of such witness in possession of any agent (b ) Agreem ent. The AEC and SBA will See AECPR 9-9.5008. of the Board which relates to the sub continue to establish and maintain liaison 4. In § 9-9.5008, Background patent ject matter as to which the witness has between appropriate combinations of AEC testified. The authority exercised by the Operations Offices and SBA Area Offices for rights, the title is changed to read as trial examiner under paragraph (b) of exchanges of information regarding AEC op follows: portunities for small businesses, additional this section shall be exercised by the §9-9.5008 Background patent rights sources of qualified small business concerns, hearing officer presiding. and background technical data. (d) The term “statement” as used in and appropriate matters. paragraphs (b) and (c) of this section (c ) Liaison— (1 ) Establishment. S B A Area ***** means: (1) A written statement made Offices will continue to establish and main (Sec. 161, Atomic Energy Act of 1954, as by said witness and signed or otherwise tain liaison with the AEC Operations Offices amended, 68 Stat. 948, 42 U.S.C. 2201; sec. adopted or approved by him; or (2) a within their respective geographical regions. 205, Federal Property and Administrative FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 RULES AND REGULATIONS 9821 Services Act of 1949, as amended, 63 Stat. (e ) * * * * (3), “of the Service” in § 52.13(a), and 390,40 U.S.C. 486) 1 For publication and indemnity clauses for “within the Public Health Service” in use in research and development contracts § 52.14(c), are deleted. Effective date. These amendments are with educational Institutions, see AECPR effective upon publication in the F e d e r a l 3. Paragraphs (a) and (b) of § 52.2 9—16.5002—8, Articles B -Ü I and B-VTII, for are revised to read as follows: R egister. special research support agreements; and see AECPR 9-16.5002-9, Articles B-6 and B-7, Dated at Germantown, Md., this first § 52.2 Definitions. for cost-type contracts. day of July 1968. * * * * * ***** For the U.S. Atomic Energy Commis (a) “Secretary” means the Secretary (Sec. 161, Atomic Energy Act of 1954, as of Health, Education, and Welfare and sion. amended, 68 Stat. 948, 42 U.S.C. 2201; sec 205, J o s e p h L. S m i t h , Federal Property and Administrative Services any other officer or employee of the De Director, Act of 1949, as amended, 63 Stat 390, 40 U.S.C. partment of Health, Education, and Division of Contracts. 486) Welfare to whom the authority involved may be delegated. [P.R. Doc. 68-8074; Filed, July 8, 1968; Effective date. These amendments are (b) “Project period” means the period 8:46 a.m.] effective upon publication in the F e d of time, not exceeding 7 years, which the e r a l R e g is t e r . Secretary finds is reasonably required to PART 9-5— SPECIAL AND DIRECTED Dated at Germantown, Md., this first initiate and conduct a research project SOURCES OF SUPPLY day of July 1968. meriting support by means of one or more research project grants within the For the U.S. Atomic Energy Commis scope of § 52.10, except that such period Subpart 9—5.52— Procurement of sion. may be extended by the Secretary beyond Special Items J o s e p h L. S m i t h , 7 years solely to permit continuation or Director, PART 9-9— PATENTS AND completion of the same approved project Division of Contracts. COPYRIGHTS by use of funds previously awarded but [F.R . Doc. 68-8075; Filed, July 8, 1968; remaining unencumbered by the grantee Subpart 9—9.50— Patents, Inventions, 8:46 a.m .] at the end of such 7 years. The project Technical Data period may include the time required for initial staffing and acquisition of facili M iscellaneous A m e n d m e n t s ties and for the preparation and publica 1. Section 9-5.5206-14, Gold, is revised Title 42— PUBLIC HEALTH tion of the results of the project. The to read as follows: Chapter I— Public Health Service, De approval and support of a research proj § 9-5.5206-14 Gold. partment of Health, Education, and ect for the maximum project period shall not preclude additional support of that Purchase of gold or gold scrap by the Welfare project beyond such period if such sup AEC or its cost-type contractors does not SUBCHAPTER D— GRANTS port of the continued project is requested, require licensing as long as title to the evaluated and approved on the same gold is vested in the Government. All PART 52— GRANTS FOR RESEARCH basis as a new or initial application in such purchases, however, unless made PROJECTS accordance with §§ 52.12 and 52.13. from another Government agency shall Miscellaneous Amendments 4. Paragraphs (a) and (b) of § 52.14 be made from a commercial firm holding are revised to read as follows: a U.S. Treasury Department gold license Notice of proposed rule making and § 52.14 Grant awards. authorizing such transactions. public rule making procedures have been 2. Section 9-5.5207-1, Special gradeomitted as unnecessary in the issuance of (a) General. Within the limits of calcium and gallium, is revised by de the following amendments to Part 52 funds available for such purpose, the leting reference to special grade calcium. which relate solely to grants for research Secretary shall award a grant to those As amended, § 9-5.5207-1 reads as projects. applicants whose approved projects will follows: These amendments (1) modify certain in his judgment best promote the pur provisions to reflect Reorganization poses of § 52.10. The date specified by the § 9—5.5207—1 Gallium. Plan No. 3 of 1966, and the Reorganiza Secretary as the beginning of the project The Division of Production controls tion Orders of the Secretary of Health, period shall be no later than 9 months the procurement and production of this Education, and Welfare of August 15, following the date of any initial or new material for AEC use. 1967 (32 F.R. 12068),. and of March 13 award statement unless the Secretary (a) Designated procurement office. and April 1,1968 (33 F.R. 4894, 5426), (2) finds that because of the nature of a proj Oak Ridge Operations Office has been permit additional extensions of a project ect or the grantee’s particular circum designated as the procurement office for period and the grantee utilization of stances earlier assurance of grant support AEC requirements. unencumbered balances beyond a 7-year is required to initiate, the project. All (b) Placing orders. AEC offices and project period, and (3) authorize adjust grant awards shall be in writing, shall cost-type contractors shall place orders ment of grant amounts awarded provi set forth the amount of funds granted, directly with the procurement office sionally. These amendments shall be which may include an estimated pro designated. effective on July 1, 1968. - visional amount for indirect costs or for designated direct costs (such as hospital § 9—5.5207—5 [Deleted] Part 52 of Title 42 CFR is amended as per diem rates or fringe benefit rates) 3. Section 9-5.5207-5,Zirconium, is follows: subject to adjustment as set forth below, deleted. 1. All references contained in Part 52 and shall constitute for such amounts 4. In § 9-9.5003, Type A patent provito the “Surgeon General” are deleted and the encumbrance of Federal funds avail sions, the footnote to paragraph (e) of the term “Secretary” Inserted in lieu able for such purpose on the date of the the patent clause is revised to read as thereof. award. Within the limits of available follows: funds, provisional amounts shall be sub §§ 52.1, 52.11, 52.13, 52.14 [Amended] § 9 9.5003 Type A patent provisions. ject to upward as well as downward ***** 2. The reference to “Public Health adjustment to actual costs when the Type A Patent Provisions Service” in § 52.1 and the terms “from amount properly expended by the * * * * the Public Health Service” in § 52.11(a) grantee for provisional items has been FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 No. 132------3 9822 RULES AND REGULATIONS determined by the Secretary. All amounts minerals in solution in brines, or pre awarded, whether provisional or other Title 43— PUBLIC LANDS: cipitated or extracted therefrom, are wise, remain subject to accountability as hereby withdrawn from appropriation provided under Subpart E of this part. INTERIOR under the public land laws of the United States, including the mining laws (30 (b) Determination of award amount. Chapter II— Bureau of Land Manage U.S.C., Ch. 2), except as provided in The amount of any award shall be deter ment, Department of the Interior paragraph 2 hereof. mined by the Secretary on the basis of APPENDIX— PUBLIC LAND ORDERS 2. The minerals referred to in para his estimate of the sum necessary for all graph 1 hereof may be disposed of under [P u b lic L an d Order 4473] or a designated portion of direct project any of the provisions of the mineral [O regon 017530; 017526] leasing laws as the authorized officer costs (as set forth in §§ 52.31 and 52.33) shall deem appropriate, provided that for either the project period or for such OREGON any lease shall not be inconsistent, as lesser period as he may designate in Withdrawal for Civil Works Project; determined by the authorized officer, with making the award, plus an additional Partial Revocation of Public Land the other uses of the lands by the State of Utah, its grantees, lessees or permit amount, if any, for overhead or indirect Order No. 3871 costs (as set forth in § 52.32). Neither tees. 3. The lands referred to in this order the approval of any project nor a grant By virtue of the authority vested in the President and pursuant to Executive are those lying below the record meander award shall commit or obligate the Order No. 10355 of May 26, 1952 (17 F.R. lines of the Great Salt Lake in the State United States in any way to make any 4831), it is ordered as follows: of Utah, whether such lands now are, or additional, supplemental, continuation 1. Subject to valid existing rights, the in the future may become uncovered by or other award with respect to any ap following described public land is hereby the recession of the waters of said lake, proved project or portion thereof, but withdrawn from all forms of appropria except the following: a. Any lands within the Bear River this provision shall not preclude the tion under the public land laws, includ ing the mining laws (30 U.S.C., Ch. 2), Migratory Bird Refuge; Secretary from making upward adjust but not from leasing under the mineral b. Any lands within the Weber Basin ments to actual costs as to amounts leasing laws, and reserved under the Federal Reclamation Project; awarded on a provisional basis as pro jurisdiction of the Department of the c. School lands situated between the vided in paragraph (a) of this section. Army, Corps of Engineers, for the John record meander line of the Great Salt Day Lock and Dam Project: Lake and the considered location of the # * * ♦ • * margin of the said lake on the date the Willamette Meridian 5. Paragraph (c) of § 52.20 is revised State of Utah was admitted to the (O regon 017530) Union; to read as follows: T. 3 N., R. 17 E., d. Islands in existence in the Great § 52.20 Use o f funds; changes. sec. 24, wy2wy2. Salt Lake on the date the State of Utah * * * * * was admitted to the Union; and The area described contains approxi e. Any lands within the Hill Air Force mately 160 acres in Gilliam County. (c) Changes in project period. The Range withdrawn by Executive Order 2. Public Land Order No. 3871 of project period determined pursuant to 8579 which extend to the waters of the November 22, 1965, withdrawing lands Great Salt Lake. § 52.13(b) may be extended by the Secre for the John Day Lock and Dam Project, tary, with or without additional grant is hereby revoked so far as it affects the H arry R. A nderson, support, for such an additional period following described lands: Assistant Secretary of the Interior. as he determines may be required to W illamette Meridian Ju l y 2,1968. complete, or fulfill the purposes of, the (O regon 017526) [F.R. Doc. 68-8058; Filed, July 8, 1968; approved project provided the total pe 8:45 a.m.] riod as extended does not exceed 7 years T. 3 N., R. 17 E., except with respect to the grantee’s un Sec. 24, Ey2NW% and NE^SW ^. [P u b lic L an d Order 4475] encumbered balances as provided in The areas described aggregate ap [O regon 711] § 52.2(b). proximately 120 acres. The lands are OREGON (Sec. 215, 58 Stat. 690, as amended; Re patented. organization Plan No. 3 of 1966, 31 F.R. 8855; 3. The withdrawal made by paragraph Correction of Public Land Order 80 Stat. 1610, 42 U.S.C. 216; 3 CFR, 1966 1 of this order does not alter the appli No. 4395 Comp.; Reorganization Orders and Delega cability of the public land laws govern tions Of August 15, 1967 (32 F.R. 12068), ing the use of the land under lease, Public Land Order No. 4395 of April 1, and March 13 and April 1, 1968 (33 F.R. 1968, withdrawing lands as an addition license, or permit, or governing the dis 4894, 5426)) to the Oregon Islands National Wildlife posal of its mineral or vegetative re Refuge, appearing in 33 F.R. 5419 as sources other than under the mining Dated: June 28,1968. F.R. Doc. 68-4089, so far as it identifies laws. the Sea Lion Rocks as being in Range R obert Q. M arston, H arry R. A nderson, Administrator, Health Services Assistant Secretary of the Interior. 10 West, is corrected to read “Range 11 and Mental Health Adminis West”. tration. Ju l y 2, 1968. H arry R. A nderson, [F.R. Doc. 68-8057; Filed, July 8, 1968; Assistant Secretary of the Interior. [ seal] James A. S h a n n o n , 8:45 a.m .] Ju l y 2,1968. Director, National Institutes of Health. [FJR. Doc. 68-8059; Filed, July 8, 1968; [P u b lic Lan d Order 4474] 8:45 a.m .] M ary E. S w it ze r , UTAH Administrator, Social [P u b lic Lan d Order 4476] and Rehabilitation Service. Withdrawal of Minerals [ Sacram ento 079611 ] Approved: June 28,1968. By virtue of the authority contained CALIFORNIA in section 3 of the act of June 3, 1966 (80 Withdrawal for National Forest Ad' W ilbu r J. C o h e n , Stat. 192), it is ordered as follows: ministrative Site and Campgrounds Secretary. 1. Subject to valid existing rights, the [F.R. Doc. 68-8100; Filed, July 8, 1968; minerals in the lands described in para By virtue of the authority vested in 8:49 a.m.] graph 3 hereof, other than brines and the President and pursuant to Executive FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 RULES AND REGULATIONS 9823 Order No. 10355 of May 26, 1952 (17 Frazier Recreation Residential Area F.R. 4831), it is ordered as follows: T.5S., R. 33 y2 E., Title 46— SHIPPING 1. Subject to valid existing rights, the Sec. 11, EyjjNW&NEyi and NE^SWy4NE%. Chapter III— Coast Guard (Great following described national forest lands Clear and Granite Creeks Anadromous Fish are hereby withdrawn from appropria Habitat Rehabilitation Area No. 2 Lakes Pilotage), Department of tion under the mining laws (30 U.S.C., Transportation Ch. 2), but not from leasing under the T. 8 S., R. 34 E., Sec. 24, NE% and Ny2SE>4. [CGFR 68-78] mineral leasing laws, in aid of programs T. 8 S., R. 35 E„ of the Department of Agriculture: Sec. 19, lot 3, Ey2S W ^ ; PART 401— GREAT LAKES PILOTAGE Mount Diablo Meridian sec. 28, sy2Nwy4swv4, Ny2sy2sw%, sy2 REGULATIONS NW%SE%, and NW ^SW ^SE^; SHASTA NATIONAL FOREST Sec. 29, Si/2NWy4NEV4, S1/2 NE14 , Sy2NE% Subpart A— General Bear Creek Campground Nwy4, NW^NWy4, Ny2Sy2NW%, and . n e 14 se 14; Subpart C— Establishment of Pools T, 39 N., R. 7 W, Sec. 30, N1/2N% NE% and Ny2NEy4NWy4. by Voluntary Associations of U.S. Sec. 34,Ei/2SEi4. The areas described aggregate 870.99 Registered Pilots KLAMATH NATIONAL FOREST acres in Grant, Umatilla, and Wheeler D istrict N o . 3 for S t. M arys R iver Tree of Heaven Campground Counties. 2. The withdrawal made by this order 1. The purpose of this document is to T. 46 N„ R. 7 W., amend 46 CFR 401.300 to conform with Sec. 16, portion of lot 11, which approxi does not alter the applicability of those mates the Ei/2Ei/2SE%SE% and Ey2Wi/2 public land laws governing the use of the revised geographical boundaries for Dis e y2 SE % SE %. national forest lands under lease, license, trict No. 3 for the St. Marys River estab or permit, or governing the disposal of lished by Presidential Proclamation No. Gottville Scaling Station their mineral or vegetative resources 3855, dated June 10,1968, and effective on T. 46 N., R. 7 W., other than under the mining laws. July 10, 1968. This Proclamation amend Sec. 8, NWi/4SWy4NWi/4l N%SE%SW& ed the original boundaries set forth in NWi/4, and SW‘/4NEi/4SWi/4NWy4. H arry R. A nderson, 46 CFR 401.300, which were prescribed Assistant Secretary of the Interior. The areas described aggregate approx by Presidential Proclamation No. 3385, imately 113 acres in Trinity and Siski Ju l y 2,1968. dated December 22, 1960. These Procla you Counties. [F.R . Doc. 68-8061; Piled, July 8, 1968; mations are based on the authority in 2. The withdrawal made by this order 8:45 a.m.] subsection 3(a) of the Great Lakes Pilot does not alter the applicability of those age Act of 1960 (74 Stat. 259; 46 U.S.C. public land laws governing the use of the 216a(a)). Additionally, the statutory national forest lands under lease, license, [Public Land Order 4478] citation to the Statutes at Large in the or permit, or governing the disposal of [Riverside 05240] definitions in 46 CFR 401.110 for the word their mineral or vegetative resources “Act” is corrected by changing the page other than under the mining laws. CALIFORNIA number from “239” to “259”. 2. By virtue of the aforementioned H arry R. A nderson, Withdrawal for Rifle Range Presidential Proclamation No. 3855 I find Assistant Secretary of the Interior. By virtue of the authority vested in the that compliance with the requirements July 2,1968. President and pursuant to Executive Or of the Administrative Procedure Act (re der No. 10355 of May 26, 1952 (17 P.R. [P.R. Doc. 68-8060; Piled, July 8, 1968; specting notice of proposed rule making, 8:45 a.m.] 4831), it is ordered as follows: public procedure thereon, and effective 1. Subject to valid existing rights, the date requirements) is unnecessary as a following described public lands are condition precedent to the amendment [Public Land Order 4477] hereby withdrawn from all forms of ap of 46 CFR 401.110 and 401.300, as set [Oregon 017843] propriation under the public land laws, forth in this document. including the mining laws (30 U.S.C., 3. By virtue of the authority vested in OREGON Ch. 2), but not from leasing under the me as Commandant, U.S. Coast Guard, mineral leasing laws, and reserved for Withdrawal for National Forest Ad by section 632 of Title 14, U.S.C., and 49 use of the Department of the Navy in CFR 1.4(a)(1) to promulgate rules and ministrative Site and Recreation connection with the U.S. Marine Corps regulations in accordance with the laws Areas Rifle Range, at Barstow, Calif.: cited in 46 CFR Part 401, the following By virtue of the authority vested in San Bernardino Meridian amendments are prescribed and shall be the President and pursuant to Executive T. 9 N., R. 1 W., effective on and after July 10, 1968. Order No. 10355 of May 26, 1952 (17 P.R. Sec. 22, E % E % and E ^ E ^ W ^ E ^ ; 4. Paragraph (a )(1 ) of §401.110 is 4831), it is ordered as follows: Sec. 27, NE]4NE^4 and Ey2Ey2NWi4NEi4. amended by changing the reference to 1. Subject to valid existing rights, the the page numbers in the Statutes at following described national forest lands The areas described aggregate approxi mately 250 acres in San Bernardino Large from “239-262” to “259-262” so are hereby withdrawn from appropria that this subparagraph reads as follows: tion under the mining laws (30 U.S.C., County. Ch. 2), but not from leasing under the 2. The withdrawal made by this order § 401.110 Definitions. ^neral leasing laws, in aid of programs does not alter the applicability of the (a) * * * public land laws governing the use of the of the Department of Agriculture: (1) “Act” means the Great Lakes lands under lease, license, or permit, or Pilotage Act of 1960, as amended (Public Umatilla National Forest governing the disposal of their mineral Law 86-555, 74 Stat. 259-262; 46 U.S.C. WILLAMETTE MERIDIAN or vegetative resources other than under 216-216D. Fairview Campground the mining laws. However, leases, li * * * * * T 7 S., R. 25 E„ censes, or permits will be issued only if the Department of the Navy finds that 5. Section 401.300 is amended by re Sec. i4, swy4Nwy4 swy4, Nw^sw^swyi, and S % SW % s W %. the proposed use of the lands will not vising the introductory sentence of para interfere with the purposes of this graph (a) and paragraph (a) (3) to read Pearson Recreation Residential Area withdrawal. as follows: T- 6 S., R. 33 e ., H arry R. A nderson, § 401.300 Authorization for establish Sec. , S%SWi NE% and N ^N W ^SE ^. 21 4 Assistant Secretary of the Interior. ment of pools. Battle Creek Administrative Site Ju l y 2,1968. (a) Voluntary associations of U.S. T- 8 S., R. 33 e ., [P.R . Doc. 68-8062; Filed, July 8, 1968; registered pilots will be authorized to Sec- 3, EyaSW&SEiA. 8:45 a.m .] establish a pool or pools in the following FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 4 9824 RULES AND REGULATIONS areas of the U.S. waters of the Great proach and longitude 84° 33' W . at the Lakes designated by the President in northern approach. Proclamation No. 3385 of December 22, ***** 1960, as amended by Proclamation No. 3855 of June 10, 1968, or in such other (Sec. 4, 74 Stat. 260, sec. 6 ( a ) ( 4 ) , 80 Stat. areas as the Director may deem neces 938; 46 tJ.S.C. 216b, 49 U.S.C. 1 6 5 5 (a )(4 ); sary to assure adequate and efficient 49 CFR 1.4(a) (1 )) pilotage services for the U.S. waters of Dated: July 2, 1968. the Great Lakes: * * * * * P. E. T r i m b l e , (3) District No. 3. All U.S. waters of Vice Admiral, U.S. Coast Guard, the St. Marys River, Sault Sainte Marie Acting Commandant. Locks and approaches thereto between [F.R. Doc. 68-8071; Filed, July 8, 1968; latitude 45° 59' N. at the southern ap- 8:46 a.m .] FEDERAL REGISTER, VOL. 33, NO, 132— TUESDAY, JULY 9, 1968 9825 Proposed Rule Making No requests have been received for pounds per bushel to 58, 57, 55, 53, and DEPARTMENT OF AGRICULTURE lowering the test weight per bushel re 50 pounds per bushel, respectively; and quirements for any wheat except White under the heading “Minimum test weight Co nsu m er and Marketing Service Club Wheat. Accordingly, no changes in per bushel,” to change the subheading [ 7 CFR Part 26 ] the test weight per bushel requirements “Hard Red Spring Wheat” to read “Hard for other wheat are being proposed. Red Spring Wheat or White Club WHEAT The present definition for Sample Wheat.” grade goes not include the factors which (2) It is proposed to change the defi Official Grain Standards are presently considered under “other nition for Sample grade under § 26.127 Pursuant to the administrative proce wise of distinctly low quality.” It is there (a) by-inserting the following into the dure provisions of 5 U.S.C., section 553, fore proposed to provide a more specific present definition: “ * * * or which con notice is hereby given that the U.S. definition for Sample grade in § 26.127 tains more than two crotalaria seeds Department of Agriculture has under (a) by expressly including various condi ( Crotalaria spp.) in 1,000 grams of grain, consideration proposed revisions of tions that now result in the wheat being or contains castor beans (Ricinis com § 26.127(a) of the Official Grain Stand considered to be “of distinctly low qual munis) , stones, broken glass, animal ards of the United States for Wheat (7 ity” and therefore Sample grade. This filth, unknown foreign substances, or CFR 26.101 et seq.) promulgated under would make it possible to state on the commonly recognized harmful or toxic the authority of the U.S. Grain Stand grade certificate the specific reason or substances; * * *”. ards Act, 39 Stat. 482, as amended (7 reasons for assigning such grade in most The amended table would read as U.S.C. 71 et seq.). instances, without resorting to the gen follows: Statement of consideration. Wheat eral statement “distinctly low quality.” § 26.127 Numerical grades and Sample producers in Washington, Oregon, and The proposed changes are as* follows: grade and grade requirements. Idaho have requested that consideration (1) In the table in § 26.127(a), it is be given to changing the minimum test proposed to change the present minimum (a) Numerical grades and Sample weight per bushel requirements for the requirements of test weight per bushel grade and grade requirements for all subclass White Club Wheat in grades for White Club Wheat in grades Nos. 1, classes of wheat except Mixed Wheat. Nos. 1, 2, 3, 4, and 5 from 60, 58, 56, 54, 2, 3, 4, and 5 from 60, 58, 56, 54, and 51 (See also § 26.128.) and 51 to 58, 57, 55, 53, and 50 pounds Wheat per bushel, respectively. The request re sulted from the development of rust- Minimum test weight M axim um lim its of— resistant varieties of White Club Wheat per bushel with high flour yields. Available data indicates that while such varieties pre Hard Red Defects Wheat of other Spring classes 1 dominate over earlier varieties of White Grade Wheat or All Club Wheat in the Pacific Northwest, White other Heat- Damaged Foreign Shrunken Defects Contrast- Wheat of Club classes damaged kernels material and (total) ' ing other they usually have a lower test weight Wheat kernels (total) broken classes classes per bushel than earlier varieties of White kernels (total) Club Wheat. The test weight per bushel is an indication of the flour milling yield PoundsIs Pounds Percent ■ Percent Percent Percent Percent Percent Percent of wheat; however, the White Club 58 60 0.1 2.0 0.5 3.0 3.0 ' 1.0 3.0 57 58 .2 4.0 1.0 5.0 5.0 2.0 5.0 Wheat producers submit that the 55 56 .5 7.0 2.0 8.0 8.0 3.0 10.0 present test weight per bushel require 53 54 1.0 10.0 3.0 12.0 12.0 10.0 *10.0 50 51 3.0 15.0 5.0 20.0 20.0 10.0 10.0 ments do not adequately reflect flour Sample grade—. Sample grade shall he wheat which does not meet the requirements for any of the grades from yield of the newer varieties of White No. 1 to No. 5, inclusive; or which contains more than two crotalaria seeds {Crotalaria spp.) in 1,000 grams of grain, or contains castor beans {Ricinus communis), stones, broken glass, Club Wheat. animal filth, unknown foreign substances, or commonly recognized harmful or toxic substances; Available data indicate that the newer or which is musty, sour, or heating; or which has any commercially objectionable foreign odor except of smut or garlic; or which contains a quantity of smut so great that any one or more of varieties of White Club Wheat weighing the grade requirements cannot be applied accurately; or which, is otherwise of distinctly 58 pounds per bushel give a flour yield low quality. about equal to other white wheat weigh ing 60 pounds. White Club Wheat is often i Red Durum Wheat of any grade may contain not more than 10 percent of wheat of other classes. downgraded because of the test weight The U.S. Grain Standards Act re Consideration will be given to all writ Per bushel factor and producers of White quires that public notice be given on any ten comments filed with the Hearing Club Wheat claim that such grade re amendment of the standards not less Clerk and to all other information avail ductions result in undue price discounts, than 90 days in advance of the effective able to the U.S. Department of Agricul hi view of the request by the wheat pro date of such amendment. If the proposals ture in arriving at a decision on the ducers for changes in the test weight pef as set forth herein are adopted, it is in proposed amendment of the wheat bushel requirements for White Club tended that they be made effective on or standards. Wheat and the supporting data avail about April 1,1969. Copies of the current wheat standards able to the Department, a change in the Public hearings will not be held, but may be obtained from the Director, test weight per bushel requirements for all persons who desire to submit written Grain Division, Consumer and Market White Club Wheat is proposed. data, views, or recommendations in con ing Service, U.S. Department of Agricul During the past 5 years about 70 per nection with these proposals may file ture, Federal Center Building, Hyatts- the same in duplicate with the Hearing cent of the white wheat produced in the ville, Md. 20782, or from any Field O f Clerk, U.S. Department of Agriculture, fice of the Grain Division. Pacific Northwest was exported. The test Room 112, Administration Building, weight per bushel requirements are not Washington, D.C. 20250, not later than 45 Done at Washington, D..C., this second day of July 1968. exP °rt market because days after the proposals have been pub G . R . G r a n g e , White Club Wheat weighing less than 60 lished in the F e d e r a l R e g is t e r . All com Deputy Administrator, Pounds per bushel is mixed with other ments filed will be available for public Marketing Services. w ite wheat weighing 60 pounds or more inspection during official hours of busi [F.R. Doc. 68-8053; Filed, July 8, 1968; Per bushel. ness (7 CFR 1.27(b) ). 8:45 a.m .] FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9826 PROPOSED RULE MAKING The proposed Junction transition area 28°08'20" N., long. 99°r8'20" W. to lat, DEPARTMENT OF 1.200- foot portion includes part of the 28°32'00" N., long. 99°28'00" W., to point current San Antonio transition area of beginning.” TRANSPORTATION 4,500-foot portion as well as segments of (2) In § 71.181 (33 F.R. 2170), the Del currently uncontrolled airspace south, Rio, Tex., transition area is amended to Federal Aviation Administration west, and northeast of Junction. It will read: [ 14 CFR Part 71 1 provide controlled airspace for flight Del Rio, T ex. operations and radar vectors. That airspace extending upward from 700 [Airspace Docket No. 68-SW—41] The current San Antonio transition feet above the surface within a 12-mile radius CONTROL ZONE AND TRANSITION area 4,500-foot portion is encompassed of lat. 29°23'0Q" N„ long. 100°50T5" W.; in the proposed Junction and Uvalde and that airspace extending upward from AREAS 1,200 feet above the-surface within a 35-mile transition areas’ 1,200-foot portions. radius of Laughlin APB (lat. 29°21'35" N., Proposed Alteration The proposed Uvalde transition area long. 100°46'35'' W . ) ; and that airspace ex The Federal Aviation Administration 1.200- foot portion entirely encompasses tending upw ard from 4,500 feet M SL bounded is considering amending Part 71 of the the current Uvalde 4,500-foot portion as by a line beginning at lat. 30°00'00" N., long. 100°30'00" W ., thence south along long. 100° Federal Aviation Regulations to alter the well as a part of the Del Rio, Laredo, and San Antonio 4,500-foot portions. It will 30'00" W. to and counterclockwise along the Cotulla, Tex., Del Rio, Tex., Junction, arc of a 35-m ile radius circle centered at Tex., San Antonio, Tex., and Ulvalde, provide controlled airspace for flight op L au gh lin A F B to the U nited States-Mexico Tex., transition areas and the Laredo, erations and radar vectors. border, thence northwest along the United Tex., control zone and transition area. The amended Laredo control zone con States-Mexico border to the arc of a 60-mile Specific changes are more fully described tains a minor change of the current ex radius circle centered at Laughlin AFB, in the following portions of this notice. tension and adds several others. The re thence clockwise along this arc to lat. Interested persons may submit' such vised current extension is based on the 30°10'40" N. east of long. 100°30'00" W. thence to point of beginning excluding por written data, views, or arguments as Laredo VORTAC 326° (317° magnetic) tions outside of the United States. they may desire. Communications should radial. This is necessary to delete any be submitted in triplicate to the Chief, reference to the “RBN.” The additional (3) In § 71.181 *(33 F.R. 2202), the Air Traffic Division, Southwest Region, extensions are based on the Laredo Junction, Tex., transition area is Federal Aviation Administration, Post VORTAC 149° (140° magnetic) and 329° amended to read: Office Box 1689, Fort Worth, Tex. 76101. (320° magnetic) radials and the Border Junction, T ex. All communications received within 45 TACAN 185° (176° magnetic), 337° (328° That airspace extending upward from 700 days after publication of this notice in magnetic), 348° (339° magnetic) and feet above the surface within a 5-mile radius the F e d e r a l R e g is t e r will be considered 360° (351° magnetic) radials. The of the Kimble County Airport (lat. 30°30’35" before action is taken on the proposed amended control zone will provide air N., long. 99a45'45 " W . ) , w ithin 5 miles north amendment. No public hearing is con space protection for aircraft executing east and 8 m iles southwest of the Junction templated at this time, but arrangements arrival/departure procedures at Laredo, V O R T A C 150° and 330° radials extending for informal conferences with Federal Te£. from the VORTAC to 12 miles northwest and Aviation Administration officials may be 5 miles southeast of the VORTAC; and that The amended Laredo transition area airspace extending upward from 1,200 feet made by contacting the Chief, Air Traffic contains & minor change of the current above the surface bounded by a line begin Division. Any data, views, or arguments \ 700-foot extension to the northwest, de ning at lat. 30°47'15'' N., long. 100°22'15" presented during such conferences must letes the one to the southeast, and adds W . to lat. 30°49'45” N., long. 100°12'45" W. also be submitted in writing in accord several others. The revised extension is to lat. 31°12'20" N., long. 99°41'15" W. to ance with this notice in order to become based on the Laredo VORTAC 326° (317° lat. 31°13'00" N., long. 98°38W ' W. to lat. 30°33'30" N., long. 98°31'30" W . to lat. 30'- part of the record for consideration. The magnetic) radial. This is necessary to de proposal contained in this notice may be 10'40" N., long. 99°18'40" W., thence west lete any reference to the “RBN.” The ad along lat. 30°10'40" N. to the arc of a 60-mile changed in the light of comments re ditional 700-foot extensions are based on radius circle centered at lat. 29°21'35" N„ ceived. the Laredo VORTAC 149° (140° mag long. 100°46'35" W . to point of beginning. The official docket will be available netic) radial and the Border TACAN (4) In § 71.181 (33 F.R. 2251), the San for examination by interested persons 337° (328° magnetic), 348° (339° mag Antonio, Tex., transition area 4,500-foot at the Office of the Regional Counsel, netic) and 360° (351° magnetic) radials. portion is deleted. Southwest Region, Federal Aviation Ad The proposed 700-foot extensions will ministration, Forth Worth, Tex. An in provide controlled airspace for aircraft (5) In §71.181 (33 F.R. 2266), the formal docket will also be available for executing arrival/departure procedures Uvalde, Tex., transition area is amended examination at the Office of the Chief, at Laredo, Tex. An amended description by deleting the 1,200- and 4,500-foot por Air Traffic Division. • of the 4,500-foot portion is necessary tions and substituting therefor, “* * * and that airspace extending upward The proposed Cotulla transition area since part of the current portion is in from 1,200 feet above the surface 1,200-foot portion entirely encompasses corporated in ¿he proposed Uvalde t r a n bounded by a line beginning at lat. 28°- the Cotulla 3,000-foot portion. It will sition area 1,200-foot portion. 52'00" N., long. 99°25'00" W. to lat. 28’- provide additional controlled airspace In consideration of the foregoing, the 54'00" N., long. 99°05'00" W. to lat. 30*- for flight operations and radar vectors Federal Aviation Administration pro 10'40" N., long. 99°18'40" W., thence in this area. poses to amend Part 71 of the Federal west along lat. 30°10'40" N. to the arc of An amended description of the Del Rio Aviation Regulations as hereinafter set a 60-mile radius circle centered at lat. transition area 4,500-foot portion is forth: necessary since part of the current por 29°21'35" N., long. 100’ 46'35" W. to lat. tion is incorporated in the proposed (1) In §71.181 (33 F.R. 2167), the30°00'00" N., long. 100°30'00" W., thence Uvalde transition area 1,200-foot portion. Cotulla, Tex., transition area is amended south along long. 100°30'00" W. to and by deleting the 1,200- and 3,000-foot por In the proposed Junction transition clockwise along the arc of a 35-M»e tions and substituting therefor, “ * * * area 700-foot portion, the 5-mile radius radius circle centered at lat. 29’21 35 and that airspace extending upward area and the extension based on the N., long. 10Q°46'35" W. to the United from 1,200 feet above the surface Junction VORTAC 150° (140° magnetic) States-Mexico border, thence southeast bounded by a line beginning at lat. 28° radial will provide controlled airspace along the United States-Mexico border 52'00" N„ long. 99°25'Q0" W. to lat. 28° for aircraft executing arrival/departure to lat. 28° 20'00" N. to lat. 28°32'00 N., 54'00" N., long. 99°05'OQ" W. to lat. procedures at the Kimble County Airport long. 99°58'00" W. to lat. 28°32'00" N., 28°43'30" N., long. 98°17'30" W . to lat. during periods when the Junction control long. 99°28'00" W., thence to point of 28°24'0Q" N., long. 98°23'00" W . to lat. zone is not in effect. The 700-foot portion 28°27'00" N., long. 98°14'00" W. to lat. beginning.” based on the Junction VORTAC 150° and 28°07'00" N., long. 98°27'00" W . to lat. (6) In §71.171 (33 F.R. 2096), the 330° (320° magnetic) radials will provide Laredo, Tex., control zone is amende controlled airspace for aircraft executing 28°05’00" N., long. 98°48'00" W. to lat. a procedure turn. 28°06'00" N., long. 99°08'00" W. to lat. to read: FEDERAL REGISTER, VOL. 33, NO. T32— TUESDAY, JULY 9, 1968 PROPOSED RULE MAKING 9827 L aredo, T ee. [ 14 CFR Part 71 1 will be considered before action is taken on the proposed amendment. The pro Within a 5-mile radius of Laredo A P B [Airspace Docket No. 68-WE-24] (lat. 27°32'35" N., long. 99°27'40" W .), w ith posal contained in this notice may be in 2 miles each side of the Laredo VORTAC TRANSITION AREA changed in the light of comments 326' radial extending from the 5-mile radius received. zone to 16 miles northwest of the VORTAO, Proposed Alteration An official docket will be available for within 2 miles each side of the Laredo VOR examination by interested persons at the TAC 149° and 3290 radiais, extending from •'The Federal Aviation Administration is considering an amendment to Part 71 Federal Aviation Administration, Office the 5-mile radius zone to 8 miles southwest of the General Counsel, Attention: Rules of the VORTAC, within 2 miles each side of of the Federal Aviation Regulations that the Border T A C A N 185° radial extending would alter the Monterey, Calif., transi Docket, 800 Independence Avenue SW., from the 5-mile radius zone to 12 miles south tion area. Washington, D.C. 20590. An informal of the TACAN, within 2 miles each side of As parts of this proposal relate to- the docket will also be available for exami the Border T A C A N 337° radial extending navigable airspace outside“'the United nation at the office of the Regional Air from the 5-mile radius zone to 12 miles States, this notice is submitted in con Traffic Division Chief. northwest of the TACAN, within 2 miles each The FAA proposes to alter the Mon side of the Border T A C A N 348° radial ex sonance with the ICAO International Standards and Recommended Practices. terey, Calif., transition area by adding tending from the 5-mile radius zone to 12 the airspace extending upward from miles north of the TACAN, and within 2 Applicability of International Stand miles each side of the Border T A C A N 360° ards and Recommended Practices, by the 17.500 feet MSL to and including flight radial extending from the 5-mile radius zone Air Traffic Service, FAA, in areas outside level 240 within 10 miles north and 16 to 6.5 miles north of the TACAN, excluding domestic airspace of the United States is miles south of the Navy Monterey those portions outside the United States. governed by Article 12 and Annex 11 to TACAN 280° True radial, extending (7) In §71.181 (33 F.R. 2208), the the convention on International Civil from 17 to 61 miles west of the TACAN. Laredo, Tex., transition area is amended Aviation (IC AO ), which pertains to the Concurrent with the final rule effec tive date of this docket, Warning Area to read: establishment of air navigation facili Laredo, T ex. ties and services necessary to promoting W-283 would be amended by excluding the safe, orderly, and expeditious flow that airspace extending upward from That airspace extending upw ard from 700 17.500 feet MSL to and including flight feet above the surface within a 9-mile radius of civil air traffic. Its purpose is to insure of Laredo APB (lat. 27°32'35'' N., long. 99°- that civil flying on international air level 240 bounded by a line beginning at 27'4Q" w .), within a 12-mile radius of the routes is carried out under uniform con lat. 36°52'40" N., long. 122°53'45" W., Laredo VORTAC extending from a line 5 ditions designed to improve the safety thence to lat. 36°49'50" N., long. 122°32'- miles northeast of and parallel to the Laredo and efficiency of air operations. 40" W., to lat. 36°24'30" N., long. 122°- VORTAC 149° radial clockwise to the United 15'10" W., to lat. 36°30'25" N., long. States-Mexico border, w ith in 2 miles each The International Standards and Recommended Practices in Annex 11 122°58'15" W., thence to point of side of the Laredo VORTAC 326° radial ex beginning. apply in those parts of the airspace tending from the 9-mile radius area to 20 The proposed alteration is required to miles northwest of the VORTAC, within 2 under the jurisdiction of a contracting miles each side of the border T A C A N 337° state, derived from ICAO, wherein air provide controlled airspace for aircraft holding preparatory to executing instru radial extending from the 9-mile radius area traffic services are provided and also to 21 miles northwest of the TA C A N, w ithin whenever a contracting state accepts the ment approach procedures to Monterey 2 miles each side of the border TACAN 348° responsibility of providing air traffic Peninsula NALF. radial extending from the 9-mile radius area This amendment is proposed under to 17.5 miles north of the TACAN and within services over high seas or in airspace of undetermined sovereignty. A contracting the authority of sections 307(a) and 1110 2 miles each side of the border T A C A N 360° of the Federal Aviation Act of 1958 (49 radial extending from the 9-mile radius area state accepting such responsibility may U.S.C. 1348 and 1510) and Executive Or to 15 miles north of the TAC A N, excluding apply the International Standards and der 10854 (24 F.R. 9565). those portions outside the United States; Recommended Practices to civil aircraft and that airspace extending upward from in a manner consistent with that adopted Issued in Washington, D.C., on June 27, 1,200 feet above the surface bounded by the for airspace under its domestic jurisdic 1968. arc of a 35-mile radius circle centered at lot. 27°35'22' N., long. 99°29'54" W ., exclud tion. H. B. H elstrom, ing that portion outside the United States; In accordance with Article 3 of the Chief, Airspace and Air and that airspace extending upward from Convention on International Civil Avia Traffic Rules Division. 4,500 feet MSL Within an area bounded by a tion, Chicago, 1944, state aircraft are [P.R. Doc. 68-8069; Filed, July 8, 1968; line beginning at lat. 27°24'00'' N„ long. exempt from the provisions of Annex 11 8:46 a.m .] 98°27'00" W. to lat. 28°07'00" N., long. and its standards and recommended 98°27'00" W. to lat. 28°05'00'' N„ long. 98°- practices. As a contracting state, the 48'00" W. to lat. 28°06'00'' N., long. 99°08'00" I 14 CFR Ports 71, 73 1 W. to lat. 28°08'20" N., long. 99°18'20'' W . United States agreed by Article 3 (d) that to lat. 28°32'00" N., long. 99°28'00'' W. to its state aircraft will be operated in inter [Airspace Docket No. 68-WE-28] lat. 28°32'00'' N., long. 99°58'00" W . to lat. national airspace with due regard for the RESTRICTED AREA AND safety of civil aircraft. 28 20'00" N. at the U nited States-M exico CONTROLLED AIRSPACE border, thence southeast along the United Since this action involves, in part, the designation of navigable airspace outside Proposed Designation and Alteration States-Mexico border to the northwest portion the United States, the Administrator has of the arc of a 35-mile radius circle centered consulted with the Secretary of State and The Federal Aviation Administration at lat. 27°35'22'' N., long. 99°29'54" W.; the Secretary of Defense in accordance is considering amendments to Parts 71 thence clockwise along this arc to lat. 27° 15'- with the provisions of Executive Order and 73 of the Federal Aviation Regula QP N., to point of beginning, excluding the 10854. tions that would designate additional Portion extending upward from 4,500 feet Interested persons may participate in restricted airspace to be associated with MSL within Federal Airways. the proposed rule making by submitting the existing Sailor Creek, Idaho, Re This amendment is proposed under the such written data, views, or arguments as stricted Area R-3202, and- alter the authority of section 307(a) of the Fed- they may desire. Communications should description of the continental control identify the airspace docket number and area to reflect the establishment of such i 9 ^ Aviation Act of 1958 <49 U.S.C. 1348). be submitted in triplicate to the Director, special use airspace. • Western Region, Attention: Chief, Air Interested persons may participate in 196?Ued in Port Worth> Tex., on June 14, Traffic Division, Federal Aviation Ad the proposed rule making by submitting ministration, 5651 West Manchester such written data, views, or arguments . . . D. E. M cH am, Avenue, Post Office Box 90007, Los as they may desire. Communications Acting Director, Southwest Region. Angeles, Calif. 90009. All communications should identify the airspace docket num [PR. Doc., 68-8068; Piled, July 8, 1968; received within 30 days after publication ber and be submitted in triplicate to the 8:46 a.m.] of this notice in the F ederal R egister Director, Western Region, Attention: FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9828 PROPOSED RULE MAKING Chief, Air Traffic Division, Federal Avia long. 115°32'41" W.; to lat. 42<’40'00" N., tion proposed amendments to Part 389 tion Administration, 5651 West Man long. 115°38'14" W.; to point of beginning. of the Board’s regulations (14 CFR Part chester Avenue, Post Office Box 90007, Designated altitudes: Surface to 12,000 feet M SL. 389) concerning filing fees for tariff mat Airport Station, Los Angeles, Calif. Time of designation: Sunrise to 8 hours ters. The principal features of the pro 90009. All communications received after sunset, Monday through Friday. posed amendments are further described within 45 days after publication of this Controlling agency: FAA, Salt Lake ARTC in the explanatory statement, and the notice In the F e d e r a l R e g is t e r will be Center. proposed amendments are set forth in considered before action is taken on the Using agency: Commander, 67th Tactical the proposed rule. This regulation is proposed amendments. The proposal Reconnaissance Wing, Mountain Home AFB, proposed under the authority of section contained in this notice may be changed Idaho. 204(a) of the Federal Aviation Act of A r e a B in the light of comments received. 1958 (72 Stat. 743, 49 U.S.C. 1324) and An official docket will be available for Boundaries: Beginning at lat. 42°53'00" Title V of the Act of August 31,1951 (65 examination by interested persons at the N„ long. 115°42'20" W.; to lat. 42°53'00'' N., Stat. 290, 5 U.S.C. 140) . Federal Aviation Administration, Office long. 115°24'15" W.; to lat. 42°36'00" N„ long. 115°24'15" W.; to lat. 42°36'00" N., Interested persons may participate in of the General Counsel, Attention: Rules long. 115°42'20" W.; to point of beginning. the proposed rule-making through sub Docket, 800 Independence Avenue SW., Designated altitudes: Surface to flight mission of twelve (12) copies of written Washington, D.C. 20590. An informal level 240. data, views, or arguments pertaining docket also will be available for exam Time of designation: Sunrise to 8 hours thereto, addressed to the Docket Section, ination at the Office of the Regional Air after sunset, Monday through Friday. Civil Aeronautics Board, Washington, Traffic Division Chief. ControUing agency: FAA, Salt Lake ARTC D.C. 20428. All relevant matter in com Center. munications received on or before The Department of the Air Force (AF) Using agency: Commander, 67th Tactical has requested the designation of three Reconnaissance Wing, Mountain Home AFB, August 8, 1968, will be considered by the additional joint-use restricted areas Idaho. Board before taking final action on the which, with existing R-3202, would form Area C proposals. Copies of communications will be available for examination by a weapons range which the AF states is Boundaries: Beginning at lat. 42°36'0O" required to support expanded tactical N., long. 115°37'00" W.; to lat. 42°36'00" N., interested persons in the Docket Section, training programs to be conducted from long. 115°30'00" W.; to lat. 42°33'00" N., Room 712, Universal Building, 1825 Con Mountain Home Air Force Base, Idaho. long. 115°30'00" W .r to lat. 42°33'00" N., necticut Avenue NW „ Washington, D.C., The present R-3202 would become Area long. 115°37'00" W.: to point of beginning. upon receiptthereof. Designated altitudes: Surface to 14,000 A and the additional areas would be By the Civil Aeronautics Board. Area B, Area C, and Area D. feet M SL. Time of designation: Sunrise, to 8 hours The expanded training activities in [ s e a l ] M a b e l M cC art, after sunset, Monday through Friday. Acting Secretary. clude requirements for air-to-ground Controlling agency: FAA, Salt Lake City gunnery and practice modern weapons ARTC Center. Explanatory statement. On April 1, delivery. Range activities will include Using agency: Commander, 67th Tactical 1968, 17 foreign air carriers filed a joint conventional weapons delivery by F-4D Reconnaissance Wing, Mountain Home AFB, petition requesting amendment of Or aircraft to encompass strafing (20-mm. Idah o. ganization Regulations, Part 389.1 The Area D cannon), low altitude bombing, rocket foreign carriers request deletion of the delivery, dive bombing, and training in Boundaries: Beginning at lat. 42°33’00'i clause in § 389.25 (p) which subjects cer the techniques for delivery of the newer N., long. 115°37'00" W.; to lat. 42°33'00" N., tain mixed foreign-U.S. carrier tariffs to weapons. long. 115°30'00" W.; to lat. 42°07'00" N., long. 115°30'0G'' W.; to lat. 42°07'00" N., filing fees. Pending final action on the There will generally be a maximum of foreign carriers* petition, the Board four flights of four aircraft each per day long. 115°37'00" W.; to point of beginning. Designated altitudes: Surface to 11,000 granted a waiver relieving foreign car scheduled for the weapons range. All feet MSL. riers of the obligation to pay fees. weapons delivery runs in to the target Time of designation: Sunrise to 8 hours On May 1, 1968, International Air area will be from south to north and will after sunset, Monday through Friday. Traffic Tariffs Corp. and Pan American consist of both supersonic and subsonic Controlling agency: FAA, Salt Lake City World Airways jointly petitioned the flight. Time on the range will be approx ARTC Center. Board to amend Part 389 so as “to clarify imately 45 minutes per flight. Night use Using agency: Commander, 67th Tactical that filing fees payable by United States of the air-to-ground range is estimated Reconnaissance Wing, Mountain Home AFB, Idaho. tariff publishing agents for filing tariffs at two flights of four aircraft each, one on behalf of foreign air carrier principals night per week. Night photography utili 3. The description of the continental are the same as though the tariffs were zation of R-32Q2A should remain at ap control area would be altered to include filed by the foreign air carriers * * *•” proximately 15 sorties per night, four R-3202B. nights per week, with an average range These amendments are proposed The Board tentatively finds that it will time of 45 minutes per sorties. Up to four under the authority of section 307(a) of be in the public interest to amend the such sorties may be scheduled on the the Federal Aviation Act of 1958 (49 rule so that foreign carriers will be range simultaneously. UJS.C. 1348). exempt from filing fees for tariffs. Re vised § 389.25 (p) Is therefore limited to The AF has initiated action to acquire Issued in Washington, D.C., on tariffs issued by “air carriers" and ex required surface areas with grazing June 27, 1968. empts tariffs issued by foreign air rights to be permitted, except for actual H. B. H elstrom, carriers, impact areas and has assured that ap Chief, Airspace and Air A new § 389.25 (q) deals with tariffs propriate actions and preventive meas Traffic Rules Division. ures would be executed to ensure the issued by publishing agents. If an agent [F.R. Doc. 68-8070; Filed, July 8, 1968; safety of persons and property on the 8:46 a.m .] ground within the restricted areas. 1 Air Canada; Air-Indi a; Aerlinte Eireann Teoranta; Aiitalìa-Linee Aeree Italiane, In consideration of the foregoing, Parts S.p.A.; British Overseas Airways Corp.; Co™' 71 and 73 of the Federal Aviation Regu pagnie Nationale Air France; Deutsche lations are proposed to be amended as CIVIL AERONAUTICS BOARD Lufthansa Aktiengesellschaft; El Al Israel hereinafter set forth. I T4 CFR Part 389 ] Airlines Ltd.; Iberia, Lineas Aereas de Es- 1. R-3202 Sailor Creek, Idaho, re pana, S.A.; Japan A ir Lines Co., Ltd.. [Docket Nos. 19794,19857; O D R -4 } K.L.M. Royal Dutch Airlines; Olym pic Air stricted area would be revoked . ways, S.A.; Scandinavian Airlines System, 2. The R-3202 Sailor Creek, Idaho, re FEES AND CHARGES FOR SPECIAL Société Anonyme Belge D’Exploitation ae stricted area complex would be desig SERVICES la Navigation Aerienne; Swissair, Swiss Ai nated as follows: Transport Co., Ltd.; Transportes Aereos Filing Fees far Tariff Matters Portugueses—S.A.R.L.; S.A. Empresa Area A Viacao Aerea Rio Grandense. Two otne Ju l y 2,1968. Boundaries: Beginning at lat. 42°48'45" carriers— Canadian Pacific Air Lines, N„ long. 115°38'14'' W.; to lat. 42°48'45" N., Notice is hereby given that the Civil and Aerolíneas Peruanas, S.A.— support t long. 115°32'41" W.; to lat. 42°40'00" N., Aeronautics Board has under considera petition. FEDERAL REGISTER, VOL. 33, NO. T32— TUESDAY, JULY 9, T968 PROPOSED RULE MAKING 9829 files a tariff for U.S. carriers exclusively pages thereto) issued by an air carrier and released May 8 and May 10,1968, re or for foreign carriers exclusively, the pursuant to sections 403 or 1003 of the spectively, which set dates of July 8 and agent will be treated just as its principals Act is $1 per page. That fee is applicable August 8, respectively, for comments would be. But where a tariff is filed on notwithstanding that the tariff contains and reply comments. Two groups— the behalf of U.S. carriers and foreign car participating foreign air carriers, but it National Association of Broadcasters riers jointly, the rule proposes that an is not applicable to a blank looseleaf page (NAB) by petition filed June 14, and agent must pay a filing fee for tariff unless it cancels matter on the preceding seven television film producers repre matter or changes unless it certifies that issue of the page. sented by the law firm of Phillips, Nizer, the tariff matter or changes pertain only (2) There shall be no filing fee forBenjamin, Krim, and Ballon in a petition to foreign air carriers. Recognizing that tariffs issued by a foreign air carrier not filed June 26— seek a lengthy extension tariff agents my incur work or expense withstanding that the tariff contains of the time for filing comments, to De in some cases in order to ascertain participating air carriers. cember 9, 1968, for initial comments and whether a tariff change is exempt or (q) Tariffs issued by publishing agents. January 6 or January 9, 1969, for reply not, we propose in effect to give agents The filing fee for tariffs (including sup comments.1 an option to pay the $l-per-page fee plements and revised or additional 2..NAB asserts in support of its request instead of seeking an exemption. Our original pages thereto) issued by a pub the need to gain information concerning tenative view is that the rule is the most lishing agent pursuant to section 403 or the many and varied exclusivity arrange equitable resolution of the problem. section 1003 of the Act is $1 per page ments now in use, to evaluate the infor Pan American and International Air subject to the following conditions: mation obtained (as to territory, dura Traffic Tariffs Corp. also ask the Board (1) If the tariff is issued on behalf of tion, costs, etc.) in arriving at appro to eliminate filing fees for so-called one or more air carriers exclusively, the priate standards to recommend for adop “back-up” tariff pages.2 Although pe filing fee. is applicable to any page. tion (referring to the observation in the titioners say that backup pages do not (2) If the tariff is issued on behalf of notice that relatively little information contribute to the Board’s cost of review one or more foreign air carriers exclu is now available), and, in general, to ac ing tariffs, the Board’s staff does examine sively, no filing fee is applicable to any quire familiarity in this area. The pend backup pages in some respects and thus page. ency of the “copyright” case (pending incurs a cost. Moreover, the general $1- (3) If the tariff i§ issued on behalf of at the time of the petition but since de per-page tariff fee is an average figure one or more air carriers and one or more cided) , in which a decision might which was derived by allocating one- foreign air carriers, the filing fee is appli furnish guidelines to be used in the pres quarter of direct costs against all filed cable to any page except to a page which ent proceeding, is also cited as reason tariff pages, including backup pages. If the issuing agent states in his accom for extension. The film producers also the Board had excluded backup pages panying letter of tariff transmittal con refer to the need for gathering informa from the computations used in deriving tains only: tion in this new area (said not to be now filing fees, it would have assigned more (i) Matters pertaining exclusively to readily available in the form set forth in costs to other tariff pages and thus af foreign air carriers; or the notice) and the need for careful con fected the basic $1 fee computation. The (ii) Changes only in matter pertaining sideration of complex problems in deter Board will therefore decline to propose exclusively to foreign air carriers when mining appropriate standards— all of the suggested rule. included on the same page together with which, it is said, will require considerable Proposed rules. It is proposed to amend matter (other than matter pertaining time on the. part of the officers and em Part 389 of the Organization Regulations exclusively to foreign air carriers) which ployees of these suppliers. (14 CPR Part 389) to delete § 389.25 (k) is reissued without change. 3. The Commission recognizes the and (p) and to substitute instead new (4) The filing fee is not applicable to need for getting and evaluating a sub a blank looseleaf page unless it cancels § 389.25 (k ), (p ), and (q ), reading as stantial amount of pertinent informa follows: matter on the preceding issue of the page other than matter pertaining only tion in this area, and of careful con § 389.25 Schedule o f filing and license to foreign air carriers exclusively. sideration in formulating standards to be fees. (5) Where two pages are published applied. Therefore a fairly long extension * * * 4c * back-to-back on the same leaf and one appears appropriate. However, it does not (k) Free or reduced-rate authority, page is not subject to a fee pursuant to appear at this point that all of the time § 389.25(q)(3) and the page on the re waiver of tariff regulations, and special requested— which would be 7 months tariff permission. The filing fee for ap verse side is issued without change (ex from the date of adoption of the notice— plications (1) under § 223.8 of this chap cept for pagination, correction number, ter for authority to furnish free or and issued and effective dates), no fee is will be necessary, or that such a lengthy reduced-rate overseas or foreign air applicable to the latter page. extension would be warranted. Accord transportation (except an application (6) The filing fee is applicable to a ingly, we are herein extending the time filed at the request of a U.S. Government looseleaf page containing a correction for 3 months, until October 8, 1968, for number check sheet unless all other agency or a foreign government), (2) comments and November 8 for reply finder § 221.200 of this chapter for waiver pages of the tariff are exempt from filing comments. or modification of the provisions of Part fees. *21 of this chapter with respect to the [F.R . Doc. 68-8095; Filed, July 8, 1968; 4. Accordingly, it is ordered, That the fifing and posting of tariffs,- or (3) for 8:48 a ln .] time for filing comments herein is ex special tariff permission under § 221.133 tended to and including October 8, 1968, or § 221.191 of this chapter, is $7. With and the time for filing reply comments is respect to applications for waiver or extended to and including November 8, special tariff permission, such fee does FEDERAL COMMUNICATIONS not apply to an application which a 1968; and the petitions for extension -a*r carrier files or which a tariff COMMISSION of time filed by National Association of Publishing agent files on behalf of .[ 47 CFR Part 73 1 Broadcasters on June 14, 1968, and vari oreign air carriers exclusively. ous program producers on June 26, 1968, [Docket No. 18179] * 4c are granted to that extent and in all (p) Tariffs issued by carriers. NONAVAILABILITY OF TELEVISION other respects are denied. Authority for nung fee for tariffs (including PROGRAMS PRODUCED BY NON this action is found in sections 4(i) and ments and revised or additional NETWORK SUPPLIERS 303 (r) of the Communications Act of Order Extending Time for Filing tariff Ii?ac? 'up” tariff Page is the side of a Comments and Reply Comments 1 Other parties have also filed requests for stantiv»eei Which is reprinted without sub- extension of time, for lesser periods, all of 1. This proceeding was instituted by which are in effect granted by the present t C o t o e r S .6 Wh6n a Chang? 18 made on notice of proposed rule making adopted action. No. 132- FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9830 PROPOSED RULE MAKING 1934, as amended, and § 0.231 (d) (8) of to make, a consolidated return, see the (b) The parent borrows money and the Commission’s rules. regulations under section 1502. All of the loan agreement contains conditions the taxes on corporations under chapter relating to the earnings or net assets of Adopted: June 27,1968. 1 of the Code are treated as one tax for the subsidiary; Released: July 2,1968. purposes of assessment, collection, pay (c) The parent borrows money and ment, period of limitations, etc. See sec- under the loan agreement the subsidiary F e d e r a l C ommunications •tion 535 and §§ 1.535-1, 1.535-2, and is required to maintain bank balances C o m m i s s i o n , 1.535-3 for the definition and determina related to the amount borrowed; or [ s e a l ] J a m e s O. J u n t i l l a , tion of accumulated taxable income. (d ) , Stock or securities are issued for Acting Chief, money or property by the parent, the Broadcast Bureau. P ar. 2. Section 1.532-1 (a ) is amended by adding a new subparagraph (3) to value of which stock or securities is based [F.R. Doc. 68-8101; Filed, July 8, 1968; read as follows: in part on the underlying asset value of 8:49 a.m .] the subsidiary. § 1.532—1 Corporations subject to accu mulated earnings tax. (iii) In the case of an affiliated group of corporations which files or is required (a) General rule. * * * to file a consolidated return, see § 1.1502- DEPARTMENT OF THE TREASURY (3) See § 1.533-1 (a) (3) for cases43 for inapplicability of this subpara Internal Revenue Service where a subsidiary corporation is deemed graph where the tax imposed by section to have been availed of for the purpose 531 is based on consolidated accumulated [ 26 CFR Part 1 1 of avoiding the income tax with respect taxable income because , of an election to the shareholders of its parent corpo INCOME TAX under § 1.1502-33 (c) (4) (iii) to adjust ration when the parent relies on the un earnings and profits to reflect increases Notice of Proposed Rule Making derlying value of its investment in the or decreases in a member’s basis or excess subsidiary to obtain funds for nondivi loss account for the stock of a subsidiary. Notice is hereby given that the regu dend distributions to its shareholders. (iv) The application of this subpara lations set forth in tentative form be * * * * * graph may be illustrated by the folloyring low are proposed to.be prescribed by the Commissioner of Internal Revenue, with P ar. 3. Section 1.533-1 (a) is amended examples: the approval of the Secretary of the by adding a new subparagraph (3) to Exam ple (I). (a) P Corporation, a publicly Treasury or his delegate. Prior to the read as follows: held corporation, owns all the capital stock final adoption of such regulations, con of S Corporation. P and S file separate return § 1.533-1 Evidence of purpose to avoid fear the calendar year 1967. P has no earnings sideration will be given to any com income tax. a n d profits fo r 1967 and had a deficit in ments or suggestions pertaining thereto (a ) In general. * * * accumulated earnings and profits as of De which are submitted in writing, prefer (3) (i) If one corporation (hereinaftercem ber 31, 1966. S has earnings and profits of ably in quintuplicate, to the Commis $100,000 for 1967 and has accumulated earn referred to as the “parent”) owns, di sioner of Internal Revenue, Attention: ings and profits as of December 31, 1966. A rectly or indirectly, the stock of another CC:LR:T, Washington, D.C. 20224, cash distribution to the shareholders of P corporation (hereinafter referred to as within the period of 30 days from the in the amount of $25,000 is made in 1967. the “subsidiary”), the earnings and date of publication of this notice in the (b ) If during 1967 S distributes $25,000 to profits of the subsidiary may provide, P, sTiri p in turn distributes $25,000 to its F e d e r a l R e g is t e r . Any written com directly or indirectly, the principal shareholders and this amount is treated as a ments or suggestions not specifically des source of funds for distributions by the dividend under section 301(c) (1), S will not ignated as confidential in accordance parent to its shareholders. Normally, the be deemed under this subparagraph to have with 26 CFR 601.601 (b) may be inspected subsidiary will distribute its earnings and been availed of to avoid the income tax on by any person upon written request. the shareholders of P. profits to the parent, which in turn will Any person submitting written comments (c) If P relies upon the underlying value make distributions to its shareholders or suggestions who desires an opportu of its investment in S to obtain funds for the that are treated as dividends under sec nity to comment orally at a public hear distribution to its shareholders rather than tion 301(c)(1). However, in some cases ing on these proposed regulations obtaining such funds by causing S to distrib the parent may rely upon the underly ute its earnings and profits (for example, if P should submit his request, in writing, to ing value of its investment in the subsi borrow s $25,000 from a bank and secures the the Commissioner within the 30-day pe diary to obtain funds for distributions to loan with the capital stock of S) and if such riod. In such case, a public hearing will its shareholders, rather than cause the distribution to the P shareholders is not be held, and notice of the time, place, and subsidiary to distribute its earnings and treated as a dividend under section 301(c) (1). date will be published in a subsequent is & will be deemed to have been availed of for profits. If this occurs, the subsidiary will sue of the F e d e r a l R e g is t e r . The pro the purpose of avoiding the Income tax on be deemed to have been availed of for posed regulations are to be issued under the shareholders of P. the purpose of avoiding the income tax the authority contained in sections 1502 Example ( 2 ). (a ) P Corporation owns all with respect to shareholders of the par and 7805 of the Internal Revenue Code the capital stock of S Corporation. P con ent (including a parent whose outstand ducts a business, as well as providing certain of 1954 (68A Stat. 367, 917; 26 UJS.C. ing stock is traded on a stock exchange administrative services to S. P and S file 1502,7805). or in an over-the-counter market), if— separate returns for the calendar year 1967. P has a loss of $10,000 for 1967 and had a [ s e a l ] S h e l d o n S . C o h e n , (a ) Part or all of the distribution by Commissioner of Internal Revenue. deficit in accumulated earnings and profits the parent is treated by its shareholders as of Decem ber 31, 1966. S has earnings ana In order to provide rules for applica in the manner provided in section 301 profits of $100,000 fo r 1967 and had accu tion of the tax on accumulated earnings (c) (2) or (3), and mulated earnings and profits as of Decem imposed by section 531 of the Internal (b ) Such distribution would have ber 31, 1966. N o intercom pany distributions been treated as provided in section 301 are made in 1967. A cash distribution to the Revenue Code, and to make other shareholders of P in the amount of $25,uw changes, the Income Tax Regulations (c )(1 ) if the subsidiary had distributed is made in 1967. P obtains the funds for tms (26 CFR Part 1) are amended as follows: its earnings and profits to the parent. distribution by the sale of assets for $25, P a r a g r a p h 1. Section 1.531-1 is amend (ii) All the circumstances which might on which it does not realize any gam- ed to read as follows: be construed as evidence that the par loss. (b) This subparagraph does not apply § 1.531—1 Imposition o f tax. ent has relied upon the underlying value of its investment in the subsidiary to because P did not obtain funds for Section 531 imposes (in addition to the obtain funds for distributions to its distribution to its shareholders by re y 6 other taxes imposed upon corporations shareholders cannot be outlined, but the up on the underlying value of its investm by chapter 1 of the Code) a graduated following factors, among others, will be in S. tax on the accumulated taxable income considered as evidence of such reliance: (v) This subparagraph shall apply of every corporation described in section (a) The parent borrows money and only for taxable years beginning ait 532 and § 1.532-1. In the case of an af secures the loan with stock or securities July 9, 1968. filiated group which makes, or is required of the subsidiary; * * ♦ * * FEDERAL REGISTER, V O L 33, NO. 132— TUESDAY/ JULY 9, 1968 PROPOSED RULE MAKING 9831 Par. 4. Section 1.535-1 (a) is amended P ar. 7. Subdivisions (i), (ii), and which the election is to apply, to the in to read as follows: (iii) of § 1.1502-33 (c) (4) are revised to ternal revenue officer with whom the read as follows: group files such return. However, such § 1.535-1 Definition. election may be made for any taxable § 1.1502—33 Earnings and profits. (a) The accumulated earnings tax is year beginning after December 31, 1965, imposed hy section 531 on the accumu— * * * * * within 60 days after (insert date on lated taxable income. Accumulated tax (c) Stock and obligations. * * * which the regulations proposed on Feb. able income is the taxable income of the (4) Investment adjustment— (i) Tax15, 1968 (33 F.R. 2997) are published in corporation with the adjustments able years beginning before January 1, final form in the F e d e r a l R e g is t e r ) , if prescribed by section 535(b) and 1976. Except as provided in subdivision it is made in conjunction with an election § 1535-2, minus the sum of the dividends (iii) of this subparagraph, for taxable under paragraph (d) of this section. If paid deduction and the accumulated years beginning before January 1,1976— an election is made under this subdivision earnings credit. See section 561 and the (a) Adjustments made by a member. for any taxable year, it may not there regulations thereunder, relating to the under § 1.1502-32 (e) (1) and (2), and after be revoked and shall apply for all definition of the deduction for dividends (g) shall not be reflected in the earnings subsequent taxable years beginning be paid, and section 535(c) and § 1.535-3, and profits of such member. fore January 1,1976. relating to the accumulated earnings (b) For purposes of computing the * * * * * credit. earnings and profits of a member on the P a r . 8. Immediately after § 1.1502-42 ***** disposition of stock of a subsidiary, the there is added the following: Par. 5. Section 1.535-3 is amended by adjusted basis of such stock shall be— § 1.1502—43 Accumulated earnings tax revising paragraph (a) and by adding a (1) The adjusted basis determined on a consolidated basis. new subdivision (iii) to paragraph (b) without regard to adjustments under (1). These revised and added provisions § 1.1502-32 (e) (1) and (2), and (g), (a) General rule, (1) Except as pro read as follows: plus vided in subparagraph (2) of this para (2) The amount 'of any excess loss graph, the application of the tax imposed § 1,535-3 Accumulated earnings credit. account includible in income by such by section 531 shall be on a consolidated (a) In general. As provided in section member under § 1.1502-19 (a) on such basis. In such case the tax imposed by 535(a) and § 1.535-1, the accumulated disposition. section 531 shall be applied with respect earnings credit, provided by section (ii) Taxable years beginning after to any group (other than a group that 535(c), reduces taxable income in com December 31, 1975. For taxable years is a personal holding company under sec puting accumulated taxable income. In beginning after December 31, 1975— tion 542) that is formed or availed of for the case of a corporation, not a mere (a) There shall be reflected in the the purpose of avoiding the income tax holding or investment company, the ac earnings and profits of each member for with respect to the shareholders of any cumulated earnings credit is determined a taxable year an amount equal to any member of the group, or the shareholders as provided in paragraph (b) of this sec increase or decrease for such taxable of any other corporation, by permitting tion and, in the case of a holding or year pursuant to-§ 1.1502-32 (e) (1) and earnings and profits to accumulate in investment company, as provided in (2), and (g) in such member’s basis or stead of being divided or distributed. If it paragraph (c) of this section. excess loss account for its stock in a is determined that a group is so formed (b) Corporation which is not a mere subsidiary. or availed of, the tax imposed by section holding or investment company— (1) (b) For purposes of computing the 531 shall be imposed on the consolidated General rule. * * * earnings and profits of a member on the accumulated taxable income (as defined (iii) In a case to which subparagraph disposition of stock of a subsidiary, the in § 1.1502-44). (3) of .§ 1.533-1 (a) applies, that is, a adjusted basis of such stock shall be (2) This section shall not apply for case in which a parent relies upon the determined by taking into account any taxable years beginning after July 9, underlying value of its investment in a adjustments under § 1.1502-32 (e) (1) 1968, and before January 1, 1976, unless subsidiary to obtain funds for non and (2), and (g ). the group elects under paragraph (c) (4) dividend distributions to its shareholders, (c) If subdivision (i) of this subpara (iii) of § 1.1502-33 to adjust earnings and there is a presumption that all or a part graph applies for one or more taxable profits to reflect increases or decreases in of the subsidiary’s earnings and profits years before this subdivision applies— a member's basis or excess loss account for the taxable year are not retained for (1) Adjustments shall be made to the for the stock of a subsidiary. If such elec the reasonable needs of the business. extent necessary to prevent duplication tion is not made, see § 1.1502-47. The amount to which the presumption or omission of items of earnings and applies is an amount equal to the sum profits. For example, basis shall be deter (b) Evidence of purpose to avoid in of the distributions to the parent’s mined under (b) of this subdivision by come tax. (1) The fact that the earnings shareholders during the taxable year taking into account adjustments under and profits of the group are permitted to which are treated as provided in section § 1.1502-32 (e) (1) and (2), and (g) accumulate beyond the reasonable needs 301(c) (2) or (3). The burden of over only for years for which this subdivision of the business of the group shall be coming such presumption and showing applies. determinative of thè purpose to avoid that earnings and profits have been re (2) The negative adjustment appli the income tax with respect to share tained for the reasonable needs of the cable under § 1.1502-32 (b) (2) (iii) (a) holders, unless the group by the prepon business is on the taxpayer. or (c) (2) (i) to distributions made in derance of the evidence shall prove to the contrary. For purposes of the preceding ***** * years for which this subdivision applies out of earnings and profits accumulated sentence, the earnings and profits of the Par. 6. Paragraph (d) of § 1.1502-2 is in years for which this subdivision did group shall be the aggregate of the earn revised to read as follows: not apply shall be eliminated in com ings and profits of corporations that are 8 1.1502—2 Computation o f tax liability. puting earnings and profits and in deter members at the close of the taxable year, * * * * * mining adjusted basis for purposes of determined in accordance with § 1.1502- computing earnings and profits on the 33, other than the earrtings and profits (d) If paragraph (b) of this section disposition of the subsidiary’s stock. of members that are subject to the tax aoes not apply, the tax imposetTby sec- (iii) Election to adjust currently. For imposed by section 541 on separate un nfS** on the consolidated accumu any taxable year beginning before Jan distributed personal holding company lated taxable income (see § 1.1502-43), or uary 1, 1976, the group may elect to income for the taxable year. e aggregate of the taxes imposed by apply the provisions of subdivision (ii) (2) The fact that the group i§ a mere 5?l on the separate accumulated of this subparagraph. Such election shall taxable mcome of those members that be made by submitting a statement, on holding or investment group shall be iormed or availed of for the purpose or before the due date (including any prima facie evidence of the purpose to set forth in section 532 (see § 1.1502-47); extensions of time) of the consolidated avoid the income tax with respect to * * * * return for the first taxable year for shareholders. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9832 PROPOSED RULE MAKING Cc) Reasonable needs of the business. (2) Consolidated charitable contribu (ifi) Such member’s net capital loss The reasonable needs of the business of tions. In lieu of the consolidated charita and section 1231 net loss, reduced by the the group shall include the reasonable ble contributions deduction provided by portion of the consolidated net capital needs of the business of any corporation § 1.1502-24, there shall he allowed the loss attributable to such member; and that is a member of the group at the aggregate charitable contributions of the (hr) The portion of any consolidated dose of the taxable year, other than a members of the group allowable under net capital loss carryover attributable corporation that is subject to the tax section 170, determined without regard to such member that is absorbed in the imposed by section 541 on separate to section 170(b)(2), For this purpose, taxable year. undistributed personal holding company any excess of the amount of the charita §1.1502—45 Consolidated dividends paid income for the taxable year. Thus, the ble contributions made in a prior taxable deduction. earnings and profits of one member of year over the amount allowed as a de the group may be accumulated with duction under section 170 for such year (a> General rule. The consolidated respect to the reasonablé business needs shall not be allowed as a deduction from dividends paid deduction shall be the of another member of the group. I f under consolidated taxable income in comput aim of— the rules of paragraph (b) of § 1.537-3 ing consolidated accumulated taxable in (1) The aggregate deductions of the the business of a corporation that is not come for the taxable year. several members of the group under sec a member of the group is considered the (3) Special deductions disallowed. tion 561(a) (1) and (2), and business of a member, then the earnings Under section 535(b) (3), the deductions (2) In the case of a group computing and profits of any member may be ac provided in section 242 and §& 1.1502-26 its tax liability under paragraph (b) of cumulated with respect to such non and 1.1502-27 shall not be allowed. § 1.1502-2, the consolidated dividend carryover. member corporation’s reasonable busi (4) Net operating loss deduction dis ness needs. allowed. Under section 535(b)(4), the (b> Special rules. (1) The deductions allowable under section 561(a) (I) and (d) Burden of proof. For purposes ofconsolidated net operating loss deduc (2) to the members of the group with section 534(a)— tion determined under § 1.1502-21 shall respect to dividends shall be determined (1) The notification described in sec not be allowed. tion 534(b) informing the group that the without regard to any deductions at (5) Capital losses. Under section 535 proposed notice of deficiency includes an tributable to dividends paid, or consid (b)(5), there shall be allowed as a de amount with respect to the accumulated ered as paid, to other members of the duction the consolidated net capital loss, earnings tax imposed by section 531 shall group. determined under paragraph (a) of be mailed to the common parent corpo (2) In the case of a group computing § 1.1502-22. ration, and its section 531 tax liability on a consoli (2) The statement described in sec (6) Long-term capital gains. Under dated basis under § 1,1502-43, the deduc tion 534(c) shall be submitted by the section 535(b) C6), there shall be allowed tions allowable to the members of the common parent corporation. as a deduction the excess of the con group under section 561(a) (1) and (2) solidated net long-term capital gain (de shall be determined without regard to § 1.1502—44 Consolidated accumulated termined under paragraph (a) of any deductions attributable to dividends , taxable income« § 1.1502-41) over the consolidated net paid, or considered as paid, by members (a) In general. For purposes of the short-term capital loss (determined un that are subject to the tax imposed by computation of the tax liability under der paragraph (b) of § 1.1502-41, but section 541 on separate undistributed § 1.1502-3, “consolidated accumulated without regard to the consolidated net personal holding company income. capital loss carryovers to the taxable taxable income” means the consolidated § 1.1502—46 Consolidated accumulated year), minus the taxes attributable to taxable income of the group (determined earnings credit. without regard to § 1.1502-15) adjusted such excess. in the manner provided in paragraph (b) (7) Capital loss carryovers. Under sec (a) In general. As provided in para of this section, minus the sum of— (1) tion 535(b)(7), the consolidated net graph (a) of § 1.1502-44, the consolidated the consolidated dividends paid deduc capital loss carryovers (determined un accumulated earnings credit is subtracted tion determined under § 1.1502-45, and der paragraph (b) of § 1.1502-22) shall from the consolidated taxable income in (2) the consolidated accumulated earn not be allowed. computing consolidated accumulated ings credit determined under § 1.1502-46. . taxable income. In the case of a group (8) Bank affiliates. Under section 535 that is not a mere holding or investment If any member of the group is subject to (b) (8), there shall be allowed the aggre group, the consolidated accumulated the tax imposed by section 541 on sepa gate deductions of the several members rate undistributed personal holding com earnings credit shall be determined as of the group under section 60 L For pur provided in paragraph (b) of this sec pany income for the taxable year, then poses of the determination of the amount tion. In the case of a mere holding or the consolidated taxable income and the of earnings and profits devoted' by a investment group,' the consolidated ac adjustments (under paragraph (b) of member of the group during the year to cumulated earnings credit shall be de this section) to consolidated taxable in the acquisition of readily marketable termined as provided in paragraph (c) come shall be computed by excluding the assets other than bank stock, there shall of this section. items of income and deduction of such be disregarded earnings and profits de (b) Group/that is not a mere holding member and by including dividends dis voted to the acquisition of assets, directly or investment group— (1) General rule. tributed by such member to another or indirectly, from another member of In the case of a group that is not a mere member (other than a member that is the group* For purposes of the taxable holding or investment group, the con subject to the tax imposed by section 541 Income limitation in section 601, the solidated accumulated earnings credit on separate undistributed personal hold taxable income of a member of the shall be the greater of the two following ing company income). group shall be determined under § 1.- amounts: (b) Adjustments to consolidated tax 1502-12 (without regard to the deduc (i) The excess (if any) of such pan able income. As required by section tion under section 242), adjusted for the of the earnings- and profits of the group 535(b), the consolidated taxable income following items taken into account in for the taxable year that aré retained is adjusted as follows : the computation of consolidated taxable for the reasonable needs of the business (1) Consolidated taxes. Under section income: of the group, over the long-term capital 535(b)(1), there shall be allowed as a (i) The portion of the consolidated net gains deduction under paragraph (b) (6) deduction— operating loss deduction, the consoli of § 1.1502-44, or (i) The amount of the consolidated dated charitable contributions deduction, (ii) The amount by which $100,two tax liability (determined under § 1.1502- and the consolidated section 922 deduc exceeds the aggregate of the accumu 2, but without regard to paragraphs (b) tion attributable to such member; lated earnings and profits at t h e close through (d) of such section) accrued (ii) Such member’s net capital gain of the preceding taxable year of tne during the taxable year, and (determined without regard to any net corporations that axe members of tn (ii) The taxes deductible under para capital loss carryover attributable to such group at the close of the current taxabi graph (a) (2) of § 1.535-2. member) ; year, other than corporations that ar FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9r 1963 PROPOSED RULE MAKING 9833 subject to the tax imposed by section ings credit as defined in section 535(c). 541 on separate undistributed personal For purposes of the computation of the DEPARTMENT OF JUSTICE dividends paid deduction, a.distribution holding company income for the taxable Bureau of Narcotics and Dangerous year. by one member to another member shall (2) Special rules, (i) For purposes of be considered as a dividend if such dis Drugs subparagraph (1) (i) of this paragraph tribution would constitute a dividend [ 21 CFR Part 166 1 ia) The terms “earnings and profits under the provisions of section 562 to a of the group” and “reasonable needs of recipient that is not a member of the DEPRESSANT AND STIMULANT the business of the group” shall have the group. DRUGS meanings assigned to such terms under (2) For purposes of this section, the paragraphs (b )(1 ) and (c) of § 1.1502- separate taxable income of a member Proposed Listing of Synthesized Tetra- 43, and shall be determined under § 1.1502-12, hydrocannabinols as Subject to (b) The amount of the earnings and except that— Control profits of the group for the taxable year (1) Dividend distributions from an that are retained shall be the amount by The Bureau of Narcotics and Danger other member of the group shall not be ous Drugs has recommended, on the which such earnings and profits exceed eliminated, the consolidated dividends paid deduc basis of its investigations and the recom (ii) Paragraph (b) of § 1.1502-12 tion for the taxable year (determined mendations of an advisory committee shall not apply, and under § 1.1502-45). appointed pursuant to section 511(g) (1) (ii) For purposes of subparagraph (iii) There shall be taken into account of the Federal Food, Drug, and Cosmetic (1) (ii) of this paragraph, the earnings the following items: Act, that the drugs set forth below be and profits of members accumulated at (a) Such member’s net capital gain listed as “depressant or stimulant” drugs the dose of the preceding taxable year (determined without regard to any net within the meaning of section 201 (v) of shall be reduced by any dividends paid capital loss carryover attributable to such the Act because of their hallucinogenic after the close of such taxable year that member); effect. Having considered such recom are considered paid during such taxable (b ) Such member’s net capital loss mendations, pursuant to the provisions year under section 563(a). and section 1231 net loss, reduced by the of the Act (secs. 201 (v), 511, 701, 52 Stat. (c) Holding and investment groups. portion of the consolidated net capital 1055, as amended, 79 Stat. 227'et seq.; In the case of a group that is a mere loss attributable to such member; and 21 U.S.C. 321 (v), 360a, 371) and under the authority vested in the Attorney holding or investment group, the con (c) That portion of the consolidated General by Reorganization Plan No. 1 of solidated accumulated earnings credit section 922 deduction that is attributable 1968 (33 F.R. 5611), it is proposed that shall be the amount by which $100,000 to such member. § 166.3(c)(3) be amended by alphabet exceeds the aggregate of the accumulated (b) Special rules. (1) A member’s de earnings and profits at the close of the ically inserting in the list of drugs a new duction for taxes under section 535(b) (1) item, as follows; preceding taxable year of corporations shall include that portion of the consoli that are members of the group at the dated tax liability of the group (as deter § 166.3 Listing o f drugs defined in sec close of the current taxable year, other mined under § 1.1502-2, but without tion 201 (v ) o f the Act. than corporations that are subject to the regard to paragraphs (b) through (d) $ $ $ $ $ tax imposed by section 541 on separate of such section) accrued during the tax (C ) * * * undistributed personal holding company able year that is allocated to such income for the taxable year. For pur (3) * * * member pursuant to section 1552 (and poses of the preceding sentence, the Synthetic equivalents of the substances paragraph (d) of § 1.1502-33, if appli earnings and profits of members accu contained in the plant, or in the resinous cable) . mulated at the close of the preceding extractives of Cannabis sp. and/or synthetic taxable year shall be reduced, by any (2) In determining the deduction substances, derivatives, and their isomers with similar chemical structure and pharma dividends paid after the close of such described in section 535(b)(6), the taxes attributable to the excess of the cological activity such as the following: taxable year under section 563(a). A1 cis or trans tetrahydrocannabinol, and member’s net long-term capital gain over their optical isomers, § 1.1502—47 Accumulated earnings tax its net short-term capital loss shall be on separate basis. A® cis or trans tetrahydrocannabinol, and the difference between— their optical isomers, (a) In general. (1) For taxable years (i) The taxes imposed by subtitle A A 8-1 tetrahydrocannabinol, and its optical beginning after July 9, 1968, and before of the Code (except the tax imposed by isomers. January 1, 1976, if the group does not section 531) for the taxable year with (Since nomenclature of these substances is elect under paragraph (c) (4) (iii) of respect to the group, and not internationally standardized, compounds § 1.1502-33 to adjust earnings and profits (ii) Such taxes computed for such of these structures, regardless of numerical designation of atomic positions are covered) to reflect increases or decreases in a year without^ including such excess in * * ♦ * * member’s basis or excess loss account taxable income. All interested persons are invited to for the stock of a subsidiary, then the (3) In determining the deduction submit their views in writing regarding tax imposed by section 531 shall apply described in section 535(b) (8), the term this proposal. Comments concerning any to the separate accumulated taxable “taxable income” as used in section 601 additional trade or other names that may income of each member (other than a shall be the separate taxable income be properly listed for the subject drugs member that is subject to the tax (determined in accordance with para are also invited. Views and comments should be submitted, preferably in quin- imposed by section 541 on separate graph (a) (2) of this section but without tuplicate, addressed to the Office of Chief undistributed personal holding company regard to any deduction under section Counsel, Bureau of Narcotics and Dan income) that is formed or availed of for 242), minus— (i) the portion of the con gerous Drugs, Department of Justice, the purpose set forth in section 532. For solidated net operating loss deduction Room 613, 633 Indiana Avenue; Wash is purpose, the separate accumulated and the consolidated charitable contribu ington, D.C. 20226, within 30 days fol taxable income of any member of the tions deduction attributable to the mem lowing the date of publication of this notice in the F e d e r a l R e g is t e r , and may group shall be the separate taxable in ber, and (ii) the portion of any con be accompanied by a memorandum or come of such member (determined in solidated net capital loss carryover brief in support thereof. accordance with subparagraph (2) of attributable to such member that is Dated: July 6,1968. s Paragraph) adjusted in the manner absorbed in the taxable year. Prowded in section 535(b), minus the R a m s e y C l a r k , §§ 1.1502—48 to 1.1502—74 [Reserved] Attorney General. vidends paid deduction as defined in [F.R. Doc. 68-8094; Filed, July 8, 1968; [F.R. Doc. 68-8189; Filed, July 8, 1968; c ion 561 and the accumulated earn- 8:48 a.m .] 11:51 a.m .] FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9834 Notices The Prime Minister Decrees: A r t ic l e 7. (A) The allowance «Lgii be Article 1. A special, temporary allowance granted to the natural or juridical person DEPARTMENT OF THE TREASURY is hereby granted to exporters for exports shown on the Export Customs Declaration as Bureau of Customs made on a definitive basis. being responsible for the repatriation of the Article 2. The following shall be excluded foreign exchange covering the exportation. [ Countervailing Duties— ATS 644] from the benefit of this allowance: Exports (B) The value of the exports to be con composed of the products appearing on the sidered in applying the computation for MERCHANDISE FROM FRANCE attached list in Annex I to this decree; ex mulas defined in Articles 5 and 6 is composed Notice of Countervailing Duty ports composed of all products intended for of the total amount to be repatriated, after the overseas departments and territories. deducting, in case o f a sale c.i.f. or f.o.b, Proceedings A rticle 3. The amount of the allowance destination or f.o.b. throu gh customs, the pertaining to exports covered by an “Eco expenses incurred outside France. Information has been received which nomic Risks” policy issued by the Compagnie appears to indicate that certain meas (C ) When the natural or Juridical person Française d’Assurances pour le Commerce responsible for the repatriation is not the ures adopted by the Government of Extérieur, shall be deducted from the sum manufacturer of the product exported but a Prance in Decree No. 68-581, dated to be paid by that company at the time of commission agent or an exporting trader, or June 29, 1968 (English translation set payment of the claim due. any other person acting in any capacity forth below as Appendix A ) , with respect Article 4. (A ) The period for which the whatever in the marketing of the product to the exportation of merchandise from allowance may be granted shall run from exported, such person m ust transfer back to July 1, 1968 to January 31, 1969. his supplier the am ount of the allowance. France constitute the payment or be (B) For transactions carried out between Article 8. (A ) A n y 'n a t u ra l or juridical stowal of a bounty or grant, directly or July 1, 1968, and October 31, the allowance person who is to obtain the allowance must, indirectly, within the meaning of section shall be granted at the full rate; from Novem to th at end, deposit a m onthly declaration, 303 of the Tariff Act of 1930 (19 U.S.C. ber 1 on, it shall be reduced by half? the form o f which is fixed by an Arrêté of The (C) The date to be considered in granting 1303), upon the manufacture, produc Director General for Customs and Indirect the allowance shall be the date of the regis tion, or exportation of the merchandise Taxes. to which the measures apply. tration of the Export Customs Declaration. Article 5. The allowance shall be computed (B) The transactions to be included on After the expiration of the time limits in accordance with the following formula : each monthly declaration are those for which set forth in this notice, a determination 6 E M an export declaration was filed w ith the customs authorities during the same month. will be made whether a bounty or grant X: ------X ------( S plus----- ) is being paid or bestowed in connection 100 CA 3 (C) The conditions under which exports listed on the monthly declaration must be with any such manufacture, production, In which, for the m onth under consideration: or export. If it is determined that a X represents the amount of the allowance to substantiated are fixed by Arrêté of The Di rector General fo r Customs and Indirect bounty or grant is being paid or bestowed, be computed; 6 over 100 the base index at the an appropriate countervailing duty or full rate; E the value of the month’s exports Taxes. der will be issued and published in ac that may be considered in computing the al A r t ic l e 9. Export transactions whose monthly total, computed by the formula set cordance with § 16.24 of the Customs lowance under the conditions laid down by this decree; CA the total sales of the concern forth in Article 5 or- in Article 6, as the case Regulations (19 CFR 16.24). for the month under consideration. may be, does not amount to 250 francs, shall Before a determination is made con It is equal to the total appearing on line 38 not entail payment of the allowance. sideration will be given to any relevant of the return on Form CA3 filed by taxpayers A r t ic l e 10. The B u reau of Customs and in data, views, or arguments submitted in in connection with the taxes on gross sales. direct taxes shall be responsible for the pay writing with respect to the existence or For concerns placed under the lump-sum ment of the allowances. nonexistence, and the net amount, of a system, CA represents one-twelfth of the A r t ic l e 11. False declarations or acts the lump-sum sales established for 1968, in bounty or grant. Such submissions should purpose or effect of which is to obtain, in creased, should the case arise, by the total of whole or in part, an allowance that is not due be addressed to the Commissioner of the transactions not included in the lump or is greater than the total resulting from the Customs, 2100 K Street NW., Washing sum that were effected during the month un ton, D.C. 20226, in time to be received der consideration. If the lump-sum is not yet application of this decree shall fall w ithin the by his office not later than 30 days from established, CA represents one-twelfth of the, purview of the customs code, particularly the date of publication of this notice in sales for the year 1967 as shown on the return paragraph 4 of Article 426 thereof. on Form 951 submitted in January 1968. the F e d e r a l R e g is t e r . N o hearing will A r t ic l e 12. The Minister of the Economy The total sales referred to in the two pre and Finance shall be responsible for enforc be held. ceding subparagraphs shall be reduced by This notice is published pursuant to the total of the taxes on gross sales levied on ing this decree, w hich shall be published § 16.24(d) of the Customs Regulations the transactions effected on the domestic in the Journal Officiel de la République (19 CFR 16.24(d)). market. Française. E [ s e a l ] L e s t e r D. J o h n s o n , In no case may the ratio ----- be greater Done in Paris, June 29, 1968, Commissioner of Customs. CA Georges Pompidou. than 1. Approved: July 8, 1968. B y the Prim e M in ister: S; 27 times the amount of the tax on Maurice Couve de Murville, J o s e p h M . B o w m a n , wages pertaining to the wages of the month M inister of the Economy and Finance. under consideration. Assistant Secretary Annex I of the Treasury. M: The total, including taxes, of the pur chases of all types of goods and services of LIST OP PRODUCTS W H IC H ARE EXCLUDED FROM APPENDIX A French origin made on the domestic market THE BENEFITS OP THE EXPORT AID MEASURES apd of the imports from overseas depart Following Text Decree and -two annexes ments and territories. Customs ta riff ' . published Journal Officiel No. 153, June 30, position Description of the products 1968, pages 6156-7: Article 6. When the exports that can be considered in computing the allowance are Chapters 1 to 24 All products listed in these Decree No. 68-581 of June 29, 1968, grant chapters except those composed of products on the list that con ing a special, temporary allowance to forming the subject oi exporters. stitutes Annex II of this decree, the allow ance shall be computed by the following Annex H, which enJ ^ Upon the recommendation of the Minister special aid measures. of the Economy and Finance: form ula: 6 E Chapter 27------M ineral fuels, ? ^ * rai h0 In view of Decree No. 62—1587 of Decem and products of them X:— -X ------(S) ber 29, 1962, providing General Regulations distillation, bituminous 100 C A for Government Accounting, particularly substances, m in ers Article 104; in view of the Customs Code; The elements of which are determined as waxes. in view of the General Tax Code, stated in Article 5 above. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9835 Customs tariff Customs tariff conduct a hearing to receive the views position D escription o f the products position Description of the products and recommendations of interested per 41-01 ------Raw hides and skins 22 - 10 ______Vinegar and substitutes sons on the need for establishing propor (fresh, salted, dried, fo r vinegar. tionate shares (farm acreage allotments) limed, or pickled), in 23- 07 ______Sweetened forage; other for the 1969 crop of sugar beets in the cluding sheepskins in preparations of a kind Domestic Beet Sugar Area. the wool. used in animal feeding. In accordance with the provisions of 54-01------Raw flax; flax tow and Chapter 71_____ All products in this chap waste. ter with the exception paragraph (1), subsection (b) of section Chapter 72---- - Coin. of those listed under 302 of the Sugar Act of 1948, as amended 89-04 — •— Ships, boats and other the following posi (7 UJS.C. 1132(b)), the Secretary must vessels for breaking up. tions: determine for each crop year whether Chapter 99— — Works or art, collectors’ 71-3. Synthetic or re the production of sugar from any crop pieces, and antiques. constructed precious of sugar beets will, in the absence of Miscellaneous _ Waste and debris of all or semiprecious stones. sorts. 71-15BII. Articles con proportionate shares, be greater than the Ex Chapter 73— Products to which the sisting of, or incorpo quantity needed to enable the area to Treaty of April 18, 1951, rating precious or meet its quota and provide a normal establishing a European semiprecious stones carryover inventory, as estimated by the Coal and Steel Com (natural, synthetic, or Secretary for such area for the calendar munity applies, marked reconstructed). year during which the larger part of the [ with its French ab O th ers: sugar from such crop normally would be breviation] C.E.C.A. in 71-16. Imitation jewelry, column 2 of the Customs which benefits from marketed. Such determination may be Tariffs on Imports. ~~ the aid under the con- made only after due notice and oppor ' ditions laid down in tunity for an informal public hearing. A n n e x n article 8 of the decree. The hearing on this matter will be LIST OP PRODUCTS TH AT ARE ENTITLED TO THE [F.R . Doc. 68-8183; Filed, July 8, 1968; conducted in the Brown Palace Hotel, ALLOWANCE UNDER THE CONDITIONS SPECIFIED 10:04 a.m.] Denver, Colo., beginning at 10 a.m. on IN ARTICLE 6 OF THE DECREE July 25,1968. Customs tariff position Description of the products Proportionate shares are not in effect Comptroller of the Currency for the current crop and were not in 07-02______Vegetables (whether or not eooked), preserved INSURED BANKS effect for the 1967 crop of sugar beets. by freezing. Latest estimates indicate that sugar 07-03______Vegetables preserved in Joint Call for Report of Condition production from 1967 acreage of about brine, in sulphur water C r o s s R e f e r e n c e : For a document 1,190,000 will total 2,700,000 short tons, or in other substances. relating to a joint call for report of condi raw value. Industry estimates indicate Dried, dehydrated or evap 07- 04.... tion of insured banks, see F.R7Doc. 68- that 1968 crop acreage planted or to be orated vegetables. planted will be somewhat higher than 08- 10______— Fruit (whether or not 8088, Federal Deposit Insurance Corpora cooked), preserved by tion, infra. the March intentions of 1,414,000 acres. freezing, not containing Views and recommendations on the added sugar. Office of Foreign Assets Control need for establishing proportionate 08-11— ______Fruit provisionally pre shares may be presented orally at the served but unsuitable ALMOND JELLY, CANNED hearing, preferably supported in writing for consumption as it is. by an original and two copies of the oral 08-12.... _...... Fruit, dried, other than Importation Directly From Taiwan statement. Views and recommendations that fallin g w ith in head (Formosa); Available Certifications ing No. 08-01 to 08-05 may also be submitted in writing (orig inclusive. Notice is hereby given that certificates inal and two copies) at the hearing or 13-03______Vegetable saps and ex of origin issued by the Ministry of Eco they may be mailed to the Director, tracts; pectic substances, Sugar Policy Staff, Agricultural Stabili pectinates and pectates, nomic Affairs of the Republic of China agar-agar and other mu under procedures agreed upon between zation and Conservation Service, U.S. cilages and thickeners that government and the Office of For Department of Agriculture, Washington, derived from vegetable D.C. 20250, postmarked not later than materials. eign Assets Control in connection with 15-07. Fixed vegetable oils, fluid the Foreign Assets Control Regulations August 16,1968. or solid, crude, refined are now available with respect to the im Oral and written views proposing that or purified. proportionate shares be established for Chapter! 6_____ Preparations of meat, of portation into the United States directly, fish, or crustaceans, or or on a through bill of lading, from Tai the 1969 crop should include recommen molluscs. wan (Formosa) of the following addi dations as to the level of the national 17- 04...... Sugar confectionery, not sugar beet acreage requirement and as to containing cocoa. tional commodity : 18- 06 ______Chocolate and other food Almond jelly, canned. the details of a program. These would in preparations containing clude such items as methods (formulae) [ s e a l ] M a r g a r e t W. S c h w a r t z , cocoa. of establishing State allocations, area Chapter 19____ Preparations of cereals, Director, Foreign Assets Control. flour or starch, pastry [F.R. Doc. 68-8093; Filed, July 8, 1968; allotments and farm bases, the level of cooks’ products. 8:48 a m .] set asides for new producers, appeals and Chapter 20____ Preparations of vegetables, adjustments. fruit, or other parts of plants. All written submissions made pursuant Chapter 21____ Miscellaneous edible prep DEPARTMENT OF AGRICULTURE to this notice will be made available for arations. public inspection at such times and 22-01 ______Waters, including SPA wa ters and aerated waters. Agricultural Stabilization and places in a manner convenient to the 22-02 _____ Lemonade, flavored aer Conservation Service public business (7 CFR 1.27(b)). ated waters and other nonalcoholic beverages, DOMESTIC BEET SUGAR PRODUCING Signed at Washington, D.C., on July 2, not including fruit and AREA 1968. vegetable juices falling H. D. G o d f r e y , within heading No. 20- 1969-Crop Proportionate Shares; Administrator, Agricultural Sta 07. Notice of Hearing 22-03 bilization and Conservation Beer m ade from m alt. Notice is hereby given that the Sec Service. 22-06 Vermouths and wines of fresh grapes flavored retary of Agriculture, acting pursuant [F.R. Doc. 68-8104; Filed, July 8, 1968; with aromatic extracts. to the Sugar Act of 1948, as amended, will 8:49 a.m .] FEDERAL REGISTER, V O L 33, NO. 132— TUESDAY, JULY 9, 1968 9836 NOTICES Commodity Credit Corporation way— such as by the removal pr addition any commodity on the current list. Of of a commodity in which there is general fers accepted by CCC will be subject to SALES OF CERTAIN COMMODITIES interest or by a significant change in the terms and conditions prescribed by price or method of sale— an announce the Corporation. These terms include July Sales List ment of the change will be sent to all payment by cash or irrevocable letter of Notice to buyers. Pursuant to the policy persons currently receiving the list by credit before delivery of the commodity of Commodity Credit Corporation issued mail from Washington. To be put on this and the conditions require removal of October 12,1954 (19 F.R. 6669), and sub mailing list, address: Director, Commod the commodity from CCC'stocks within ject to the conditions stated therein as ity Operations Division, Agricultural a reasonable period of time. Where sales well as herein, the commodities listed be Stabilization and Conservation Service, are for export, proof of exportation is low are available for sale and, where U.S. Department of Agriculture, Wash also required, and the buyer is respon noted, for redemption of payment-in ington, D.C. 20250. sible for obtaining any required U.S. kind certificates on the price basis set, Interest rates per annum- under the Government export permit or license. forth. CCC Export Credit Sales Program (An Purchase from CCG shall not constitute The U.S. Department of Agriculture nouncement GSM-3 or 4) for July 1968 any assurance that any such permit or announced the prices at which CCC com are 6 percent for U.S. bank obligations license will be granted by the issuing modity holdings are available for sale be and 7 percent for foreign bank obliga authority. ginning at 3 p.m„ e.d.t., on June 28, 1968, tions. Commodities now eligible for fi Applicable announcements containing and, subject to amendment, continuing nancing under the CCC Export Credit all terms and conditions of sale will be until superseded by the August Monthly, Sales Program include oats, wheat, wheat furnished upon request. For easy refer Sales List. flour, barley, bulgur, corn, commeal, ence a number of these announcements The following commodities are avail grain sorghum, upland and extra long are identified by code number in follow able: Cotton (upland and extra long sta staple cotton, tobacco, cottonseed oil, ing list. Interested persons are invited ple) , wheat, corn, oats, barley, rye, rice, soybean oil, dairy products, tallow, lard, to communicate with the Agricultural grain sorghum, peanuts, tung oil, butter, and breeding cattle, and rye. Commodi Stabilization and Conservation Service, cheese, and nonfat dry milk. ties purchased from CCC may be fi USDA, Washington, D.C, 20250, with With the 1968 crop marketing year nanced for export as private stocks under respect to all commodities or—for speci beginning July 1 for wheat, barley, oats, Announcement GSM-4. fied commodities— with the designated and rye, the July list includes formula Information on the CCC Export Credit ASCS commodity office. minimum pricing for these commodities Sales Program and on commodities avail Commodity Credit Corporation re based on 1968 price-support loan rates. able under Title I, Public Law 480, private serves the right to amend from time to The beginning markups used in CCC trade agreements, and current informa time, any of its announcements. Such minimum sales prices for these grains tion on interest rates- and other phases amendments shall be applicable to and in-store have been adjusted to reflect of these programs may be obtained from be made a part of the sale contracts changes in receiving rate under the the Office, of the General Sales Manager, thereafter entered into. Uniform Grain Storage Agreement. „Foreign Agricultural Service, U.S. De CCC reserves the right to reject any or all offers placed with it for the pur Com offerings for export are being partment of Agriculture, Washington, chase of commodities pursuant to such resumed on a limited basis. This will in D.C.20250. announcements. volve only 1967 crop corn taken over The following commodities are cur rently available for new and existing CCC reserves the right to refuse to under the price-support program start consider an offer, if CCC does not have ing about August 1, 1968, in the south barter contracts: Oats, cotton (upland and extra long staple), and tobacco. adequate information of financial re eastern States where it is not feasible sponsibility of the offerer to meet for CCC to continue storage of this grain. Wheat and grain sorghum are also avail able under conditions noted in the indi contract obligations of the type con Information on the availability of vidual commodity listings. In addition, templated in this announcement. If a commodities stored in Commodity Credit free market stocks of corn, grain sor prospective offerer is in doubt as to Corporation bin sites may be obtained ghum, barley, oats, wheat, and wheat whether CCC has adequate information from ASCS State offices shown at the end flour, under Announcement PS-1; to with respect to his financial responsibil of the sales list, and for commodities bacco under Announcement PS-3; cot ity, he should either submit a financial stored at other locations from ASCS tonseed oil and soybean oil under An statement to the office named in the invi commodity and grain offices also shown nouncement PS-2; and upland and extra tation prior to making an offer, or com at the end of the list. long staple cotton under Announcement municate with such office to determine Corn, oats, barley, or grain sorghum, P S -4 ; are eligible for programing in con whether such a statement is desired in his as determined by CCC, will be sold for nection with barter contracts covering case. When satisfactory financial re unrestricted use for “Dealers’ Certifi procurement for Federal agencies that sponsibility has not been established, cates” issued under the emergency live will reimburse CCC. (However, Hard Red CCC reserves the right to consider an stock feed program. Grain delivered Winter 13 percent protein or higher, offer only upon submission by offerer of against such certificates will be sold at Hard Red Spring 14 percent protein or a certified or cashier’s check, a bid bond, the applicable current market price, de higher, Durum wheats, and flour pro or other security, acceptable to CCC, termined by CCC. duced from these wheats may not be assuring that if the offer is accepted, In the following listing of commodities exported under Barter through west coast the offerer will comply with any pro and sale prices or method of sales, “un ports. Hard Red Winter 12.99 percent visions of the contract with respect to restricted use” applies to sales which pfotein or less may be exported under payment for the commodity and the furnishing of performance bond or other permit either domestic or export use and Barter from the west coast only with “export” applies to sales which require benefit of the west coast payment rate or security acceptable to CCC. export only. CCC reserves the right to certificate cost applicable to Hard Red Disposals and other handling of in determine the class, grade, quality, and Winter “all proteins”. Hard Red Winter ventory items often result in small available quantity of commodities listed 13 percent protein and higher may be quantities at given locations or in qual for sale. exported under Barter from the gulf ities not up to specifications. These lots The CCC Monthly Sales List, which coast to any destination only with bene are offered by the appropriate ASCb varies from month to month as addi fit of the gulf coast payment rate or office promptly upon appearance and tional commodities become available or certificate cost which applies to Hard therefore, generally, they do not appear commodities formerly available are Red Winter “all proteins”.) Further in in the Monthly Sales List. dropped, is designed to aid in moving formation on private-stock commodities On sales for which the buyer is re CCC’s inventories into domestic or ex may be obtained from the Office of Bar quired to submit proof to CCC of exp0^" port use through regular commercial ter and Stockpiling, Foreign Agricultural tation, the buyer shall be regularly channels. Service, USDA, Washington^D.C. 20250. engaged in the business of buying or If it becomes necessary during the The CCC will entertain offers from selling commodities and for this PurP?®_ month to amend this list in any material responsible buyers for the purchase of shall maintain a bona fide business omc FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9837 in the United States, its territories or Export. possessions and have a person, principal, A. CCC will sell limited quantities of Hard Markup in Red Winter and Hard Red Spring wheat at store or resident agent upon whom service of received by— Examples west coast ports at domestic market price judicial process may be had. levels for export under Announcement G R- Truck Prospective buyers for export should 345 (Revision IV, Oct. 30, 1967, as amended) note that generally, sales to U.S. Gov as f oU ow s: $ a 173*5 Feed grain program domestic PIK ernment agencies, with only minor (1) Offers will be accepted subject to the certificate minimums: exceptions will constitute domestic un purchasers’ furnishing the Portland ASCS McLean County, 111. ($1.08+$0.02)5) 115 percent +$0.17)5; $1.45)5. restricted use of the commodity.' Branch Office with a Notice of Sale contain ing the same information (excluding the Agricultural Act of 1949; stat. mini Commodity Credit Corporation re mums: subsidy acceptance number) as required by McLean County, 111. ($1.08+$0.02)5 serves the right, before making any exporters who wish to receive an export pay +$0.19): 105 percent +$0.17)5; sales, to define or limit export areas. ment under GR-345. The Notice of Sale must $1.53)5. The Department of Commerce, Bureau be furnished to the Commodity Office within of International Commerce, pursuant to 5 calendar days after the date of purchase. Available. Chicago, Kansas City, Minne regulations under the Export Control (2) Sales will be made only to fill dollar apolis, and Portland ASCS grain offices. Act of 1949, prohibits the exportation market sales abroad and exporter must show Export. Limited quantities of corn at South or reexportation by anyone of any com export from the west coast to a destination Atlantic and eastern gulf ports for cash at modities under this program to Cuba, west of the 170th meridian, west longitude, the market price, as determined by CCC, for and east of the 60th meridian, east longitude, the Soviet Bloc, or Communist-con export under Announcement GR-212 (Re and to countries on the west coast of Central vision 2, Jan. 9, 1961). The statutory min trolled areas of the Par East including and South America. imum price referred to in GR-212 is com Communist China, North Korea, and the B. CCC will sell wheat for export under puted in accordance with B1 of the unre Communist-controlled area of Viet Nam Announcement GR-261 (Revision II, Jan. 9, stricted use section for corn. except under validated license issued by 1961, as amended and supplemented) sub the U.S. Department of Commerce, ject to the following: Available. Kansas City ASCS Commodity Bureau of International Commercé. (1) All classes will be sold subject to offers Office. which include the price at which the buyer GRAIN SORGHUM, BULK For all exportations, one of the des proposes to purchase the wheat. tination control statements specified in (2) All classes will be sold to fill dollar Unrestricted use. Commerce Department Regulations market sales abroad and exporter must show A. Redemption of domestic payment-in (Comprehensive Export Schedule export from the west coast to a destination kind certificates. Such CCC dispositions of § 379.10(c)) is required to be placed within the geographical limitation shown in graiii sorghum as CCC may designate will be A (2) above. in redemption of certificates or rights repre on all copies of the shipper’s export sented by pooled certificates under a feed declaration, all copies of the bill of (3) All classes will be sold for application to barter contracts entered into pursuant to grain program. The minimum price at which lading, and all copies of the commercial invitations for barter offers dated prior to grain sorghum shall be valued for such invoices. For additional information as August 26, 1966. However, CCC-owned wheat dispositions shall be market price, as de to which destination control statement will not be sold for barter at west coast ports. termined by CCC, but not less than 115 to use, the exporter should communicate C. Announcement GR-262 (Revision II, percent of the applicable 1967 price-support with the Bureau of International Com Jan. 9, 1961, as amended) for export as flour loan rate 2 for the class,, grade, and quality merce or one of the field offices of the as follows: All classes will be sold for appli of the grain sorghum, plus the markup shown in C of this unrestricted use section Department of Commerce. cation to barter contracts entered into pur suant to invitations for barter offers dated applicable to the type of carrier involved. Exporters should consult the appli prior to August 26, 1966. However, sales for B. General sales. cable Commerce Department regulations barter will not be made at west coast ports. 1. Storable. Such CCC dispositions of stor for more detailed information if desired D. CCC will not sell wheat under An able grain sorghum as CCC may designate as and for any changes that may be made nouncement GR-346 until further notice. general sales will be made during the month therein. Available. Chicago, Kansas City, Minne at market price, as determined by CCC, but apolis, and Portlan d ASCS offices. not less than the Agricultural Act of 1949 Sales P r ic e o r M e t h o d o p S a l e formula minimum price for such sales which c o r n , b u l k WHEAT, BULK is 105 percent of the applicable 1967 price- Unrestricted use. Unrestricted use. support rate2 (published loan rate plus 34 A. Redemption of domestic payment-in A. Storable. All classes of wheat In CCC cents per hundredweight) for the class, kind certificates. Such CCC dispositions of inventory are available for sale at m arket grade, and quality of the grain sorghum, plus corn as CCC may designate will be in re price but not below 115 percent of the 1968 the markup shown in C of this unrestricted demption of certificates or rights represented price-support loan rate for the class, grade, use section applicable to the type of carrier by pooled certificates under a feed grain and protein of the wheat plus the m arkup involved. program. The price at which corn shall be shown in c below applicable to the type of 2. Nonstorable. At not less than market carrier involved. valued for such dispositions shall be the market price as determined by CCC, but not price as determined by CCC. B. Nonstorable. A t not less than market less than 115 percent of the applicable 1967 C. Markups and examples ( dollars per h u n price, as determined by CCC. price-support loan rate 2 for the class, grade, dredweight in-store 1 No. 2 or better). C. Markup and examples (dollars per and quality of the corn plus the markup bushel in-store) ,1 shown in C of this unrestricted use section. Markup in-store B. General sales. received by— Markup 1. Storable. Such CCC dispositions of stor Examples in-store able com as CCC may designate as general received by— Track Rail or sales will be made during the month at mar barge ket price, as determined by CCC, but not less Truck Rail or than the Agricultural Act of 1949 formula barge minimum price for such sales which is 105 $0.2934 $0.25)5 Feed grain program domestic P IK certificate minimums: percent of the applicable 1967 price-support Hale County, Tex. ($1.59) 115 per $0.04 $0.01)5 Minneapolis—No. 1 DNS ($1.56) 115 rate2 (published loan rate plus 19 cents cent +$0.29M; $2.12%. percent +$0.01)5; $1.81)5. per bushel) for the class, grade, and quality Kansas City, Mo. (ex-rail) ($1.85) Portland—No. 1 SW ($1.44) 115 per of the corn, plus the markup shown in C 115 percent +$0.25)5; $2.38)5. cent +$0.01)5; $1.673*5. Agricultural Act of 1949; stat. mini Kansas City—No. 1 HRW ($1.44) 115 of this unrestricted use section. mums: percent +$0.013*5; $1.67)5. 2. Nonstorable. At not less than market Hale County, Tex. ($1.59+$0.34); 105 percent +$0.29)5; $2.32%. Chicago—No. 1 RW ($1.46) 115 per price as determined by CCC. cent +$0.01)5; $1.693*5. Kansas City, Mo. (ex-rail) ($1.85 C. Markups and examples (dollars per +$0.34); 105 percent +$0.25)5: bushel in-store 1 basis No. 2 yellow corn 14 $2.55)5. See footnotes at end of article. percent M.T. 2 percent F.M .). FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 No. 132------5 9838 NOTICES Export. CCC, or 115 percent of the applicable 1968 position of U p lan d Cotton— In Redemption Sales are made at the higher of the do price-support loan rate plus c a r r y in g charges of Payment-In-Kind Certificates or Rights In mestic market price, as determined by CCC, in section B. The statutory minimum price Certificate Pools, In Redemption of Export or 115 percent of the applicable 1967 price- referred to in the price adjustment provi Commodity Certificates, Against the “Short support loan rate plus carrying charges sions of the following export sales announce fall,” and Under Barter Transactions), as in section C. The statutory minimum price ments is 105 percent of the applicable price- amended. Cotton may be acquired for imme referred to in the price adjustment provisions support rate plus the markup referred to in B diate delivery at its current market price, as of the following export sales announcements of the unrestricted use section for oats. Sales determ ined by CCC, b u t not less than a is 105 percent of the applicable price-support will be made pursuant to the following minimum price determined by CCC. Cotton rate plus the markup referred to in C of the announcement: may be acquired for delivery on August 1, unrestricted use section for grain sorghum. A. Announcement GR-212 (Revision 2, 1968, at the market price for cotton for deliv Sales will be made pursuant to the following Jan. 9, 1961), for application to barter con ery at such future time, as determined by announcement: tracts and for cash or other designated sales. CCC, but not less than a minimum price A. Announcement GR-212 (Revision 2, Available. Kansas City, Chicago, Minne determined by CCC. Minimum prices for both Jan. 9, 1961) for application to barter con apolis, and Portland A SCS grain offices. immediate and delayed delivery will in no tracts entered into pursuant to invitations event be less than 120 points (1.2 cents) per for barter offers dated prior to August 26, RYE, BULK pound above the loan rate for such cotton at 1966, and for cash or other designated sales. Unrestricted use. the time it is to be delivered. Available. Kansas City, Chicago, Minne A. Storable. Market price, as determined Export. apolis, and Portland ASCS grain offices'. by CCC, but not less than the Agricultural CCC disposals for barter. Competitive offers under the terms and conditions of Announce BARLEY, BULK Act of 1949 formula price which is 115 per cent2 of the applicable 1968 price-support ments CN-EX-28 (Acquisition of Upland Cot Unrestricted use. rate for the class, grade, and quality of the ton for Export U nder the Barter Program), A. Storable. Market price, as determined by grain plus the markup shown in B below and NO-C-31 (described above), as amended, CCC, but not less than 115 percent of the applicable to the type of carrier involved. COTTON, EXTRA'LONG STAPLE applicable 1967 price-support rate2 for the B. Markups and examples (dollars per class, grade, and quality of the barley plus bushel in-store 1 No. 2 or better). Unrestricted use. the applicable markup. Com petitive offers under the terms and B. Markups and examples {dollars per conditions of Announcements NO-C-6. (Re bushel in-store1 No. 2 or better). Markup vised July 22, 1960), as amended, and NO-C- in-store 10, as amended. U nder these announcements received by— Examples—Agricultural Act of 1949: Markup in-store Stat. minimum extra long staple cotton (domestically grown) received by— w ill be sold at the highest price offered but in Examples Truck Rail or no event at less than the higher of (a) 115 barge percent of the current support price for such Truck B ailo r barge cotton plus reasonable carrying charges, or $0.04 $0.01H Rolette County, N. Dak. ($0.89); 115 (b ) the domestic m arket price as determined percent +$0.04; $1.07. by CCC. $0.04 $0.01H Cass County, N . Dak. ($0.87); 115 Minneapolis, Minn, (ex-rail) ($1.23); percent +$0.04; $1.03. 115 percent +$0.01)+ $1.43)+ Export. Minneapolis, Minn, (ex-raill ($1.10); A. CCC sales for export. Competitive offers 115 percent +$0.01)+ $1.28)+ under the terms and conditions of Announce C. Nonstorable. At not less than marketments CN-EX-22 (Extra Long Staple Cotton price as determined by CCC. C. Nonstorable. At not less than market Export Program) and NO-C-27 (Sale of Extra Long Staple Cotton), as amended. price as determined by CCC. Export. Sales are made at the higher of the do Export. B. Barter. Competitive offers under the mestic market price, as determined by CCC, Sales are made at the higher of the do terms and conditions of Announcement CN- or 115 percent of the applicable 1968 price- mestic market price, as determined by CCC EX-27 (Acquisition 6f Extra Long Staple Cot support loan rate plus carrying charges or 115 percent of the applicable 1968 price- ton for Export Under the Barter Program), in section B. The statutory minimum price support loan rate plus carrying charges in and NO-C-27 (Sale of Extra Long Staple referred to in the price adjustment provi section B. The statutory minimum price re Cotton), as amended. sions of the following export sales announce ferred to in the price adjustment provisions COTTON, UPLAND OR EXTRA LONG STAPLE of the following export sales announcement ment is 105 percent of the applicable price- Unrestricted use. is 105 percent of the applicable price-support support rate plus the markup referred to in rate plus the markup referred to in B of the B of the unrestricted use section for rye. Competitive offers under the terms and unrestricted use section for barley. Sales Sales will be made pursuant to the follow conditions of Announcement NO-C-20 (Sale will be made pursuant to the following ing announcement : of Special Condition Cotton). Any such cot announcement: A. Announcement GR-212 (Revision 2, ton (Below Grade, Sample Loose, Damaged A. Announcement GR-212 (Revision 2, Jan. 9, 1961) for cash or other designated Pickings, etc.) owned by CCC will be offered Jan. 9, 1961) for cash or other designated sales. for sale periodically on the basis of samples sales. Available. Chicago, Kansas City, Portland, representing the cotton according to sched Available. Chicago, Kansas City, Minne and M inneapolis A SCS grain offices. ules issued from time to time by CCC. apolis, and Portland grain offices. RICE, ROUGH Availability information. Sale of cotton will be made by the New OATS, BULK Unrestricted use. Orleans ASCS Com m odity Office. Sales an Unrestricted use. Market prioe but not less than 1967 loan nouncements, related forms'^ and catalogs for A. Market price, as determined by CCC, rate plus 5 percent plus 44 cents per hun upland cotton and extra long staple cotton but not less than 115 percent of the applica dredweight, basis in store. showing quantities, qualities, and location ble 1968 price-support rates2 for the class, Export. may be obtained for a nominal fee from that grade, and quality of the oats plus the As milled or brown under Announcement office. m arkup show n in B below. GR-369, Revision III, as amended, Rice Ex PEANUTS, SHELLED port Program. B. Markups and examples (dollars per When stocks are available in their area of Available. Prices, quantities, and varieties bushel in-store 1 Basis No. 2 X H W O ). responsibility, the quantity, type, and grade of rough rice available from Kansas City offered and whether for restricted or unre A SCS Com m odity Office. Markup in stricted use are announced in weekly lot lists store received COTTON, UPLAND are invitations to bid issued by the following. b y- Examples—Agricultural Act of 1949; GPA Peanut Association, Camilla, Ga. Stat. minimum Unrestricted use. Peanut Growers Cooperative M a rk e tin g As Truck A. Competitive offers under the terms and sociation, Franklin, Va. conditions of Announcement NO-C-32 (Sale Southwestern Peanut Growers’ Associa of Upland Cotton for Unrestricted Use). tion, Gorman, Tex. , $0.04 Redwood County, Minn. ($0.60+$0.03 Under this announcement, upland cotton A. Restricted use sales. Announcement quality differential); 115 percent +$0.04; $0.77. acquired under price-support programs will PR-1 as amended, and the lot lis t conta n be sold at the highest price offered but in no terms and conditions of sales restricted event at less than the higher of (a) 110 per domestic crushing or export. . A t not less th an the market C. Nonstorable. cent of the current loan rate for such cotton, 1. Shelled peanuts of less than U.S. No. price as determ ined by CCC. or (b) the market price for such cotton, as grade may be purchased for foreign or do Export. Sales are made at the higher of the determined by CCC. mestic crushing. domestic market price, as determined by B. Competitive offers under the terms and All sales are made on the basis of com See footnotes at end of article. conditions of Announcement NO-C-31 (Dls- petitive bids each Wednesday, by the Pr - FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9839 ducer Associations Division,. Agricultural Alabama, Alaska, Arizona, Arkansas, Colo Nebraska, Post Office Box 793, 5801 O Street, Stabilization and Conservation Service, rado, Florida, Georgia, Hawaii, Kansas, Lincoln, Nebr. 68501. Telephone: Area Code Washington, D.C. 20250, to which all bids are Louisiana, Mississippi, Missouri, Ne 402, 475-3361. submitted. braska, Nevada, New Mexico, North Caro North Dakota, Post Office Box 2017, 15 South TUNG o n lina, Oklahoma, South Carolina, Ten 21st Street, Fargo, N. Dak. 58103. Tele nessee, Texas, and Wyoming (domestic phone: Area Code 701, 237-5205: Unrestricted use. and export). California (domestic only), Ohio, Room 202, Old Federal Building, Co Sales are made periodically on a competi Connecticut, Delaware, Illinois, Indiana, lumbus, Ohio 43215. Telephone: Area Code tive bid basis. Bids are submitted to the Iowa, Kentucky, Maine, Maryland, Mas 614, 469-5644. Producer Association Division, Agricultural sachusetts, Michigan, New Hampshire, South Dakota, Post Office Box 843, 239 Wis Stabilization and Conservation Service, New Jersey, New York, Ohio, Pennsyl consin Street SW., Huron, S. Dak. 57350. Washington, D.C. 20250. vania, Rhode Island, Virginia, Vermont, Telephone: Area Code 605, 352-8651, Ext. The quantity offered and the date bids are and West Virginia (export only). 321 or 310. to be received are announced to the trade B ranch Office— Chicago A SCS Branch Office, W isconsin, Post Office Box 4248, 4601 H am - in notices of Invitation to Bid, issued by the 226 West Jackson Boulevard, Chicago, mersley Road, Madison, Wis. 53711. Tele National Tung Oil M arketing Cooperative, 111. 60606. Telephone: Area Code 312, phone: Area Code 608, 254-4441, Ext. 7535. Inc., Poplarville, Miss. 39470. 353-6581. Terms and conditions of sale are as set Connecticut, Delaware, Illinois, Indiana, (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. forth in Announcement NTOM-PR-4 of Iowa, Kentucky, Maine, Maryland, Mas 714b. Interpret or apply sec. 407, 63 Stat. April 6, 1967, as amended, and the applica sachusetts, Michigan,' New Hampshire, 1066; sec. 105, 63 Stat. 1051, as am ended by 76 ble Invitation to Bid. New Jersey, New York, Ohio, Pennsyl Stat. 612; secs. 303, 306, 307, 76 Stat. 614-617; 7 U.S.C. 1441 (note) ) Bids will include, arid be evaluated on the vania, Rhode Island, Virginia, Vermont, basis of, price offered per pound f.o.b. storage and West Virginia (domestic only). Signed at Washington, D.C., on B ran ch Office— Minneapolis ASCS Branch location. For certain destinations, CCC will July 1,1968. as provided in the Announcement, as Office, 310 G rain Exchange Building, H. D. G o d f r e y , amended, refund to the buyer a “freight Minneapolis, Minn. 55415. Telephone: equalization’' allowance. Area Code 612, 334-2051. Executive Vice President, Minnesota, Montana, North Dakota, South Commodity Credit Corporation. Copies of the Announcement or the Invi Dakota, and Wisconsin (domestic and tation may be obtained from the Cooperative [F.R. Doc. 68—8052; Filed, July 8, 1968; e x p o rt). or Producer Associations Division, ASCS, 8:45 a.m .] Telephone W ashington, D.C., area code 202, B ranch Office— Portland ASCS B ranch Office, DU 8-3901. 1218 Southwest Washington Street, Portland, Oreg. 97205. Telephone: Area D a ir y P r o d u c t s Consumer and Marketing Service Code 503, 226-3361. Sales are in carlots only in-store at stor Idaho, Oregon, Utah, and Washington COTTON RESEARCH AND age location of products. (domestic and export sales), California Submission of offers. (export sales o n ly ). PROMOTION Submit offers to the Minneapolis ASCS PROCESSED COMMODITIES OFFICE--- (ALL STATES) Applications for Certification of Cotton Commodity Officer— M inneapolis ASCS Com m odity Office, 6400 Producer Organizations NONPAT DRY M IL K France Avenue South, Minneapolis, Minn. Pursuant to section 14 of the Cotton Unrestricted use. 55435. Telephone: Area Code 612, 334-3200. Research and Promotion Act (80 Stat. Announced prices, under MP-14: Spray COTTON OFFICE (ALL STATES) process, U.S. Extra Grade, 25.40 cents per 284; 7 U.S.C. 2113) and § 1205.337 of the pound packed in 100-pound bags and 25165 N ew Orleans A SCS Com m odity Office, W irth Cotton Research and Promotion Order cents per pound packed in 50-pound bags. Building, 120 Marais Street, New Orleans, (7 CFR Part 1205), the U.S. Department Export. La. 70112. Telephone: Area Code 504, of Agriculture is required to certify the 527-7766. Announced prices, under MP—23, pursuant eligibility of cotton producer organiza to invitations issued by Minneapolis ASCS GENERAL SALES MANAGER OFFICES tions for participation in the nomination Commodity Office. Invitations w ill indicate Representative of General Sales Manager, of members and alternate members of the type of export sales authorized, the an New York Area: Joseph Reidinger, Federal the Cotton Board. Notice is hereby given nounced price and the period of time such Building, Room 1759, 26 Federal Plaza, that the U.S. Department of Agriculture price will be in effect. New York, N.Y. 10007y Telephone: Area will accept applications for certification Code 212, 264-8439, 8440, 8441. BUTTER from any cotton producer organization Representative of General Sales Manager, not currently certified for this purpose. Unrestricted use. West Coast Area: Callan B. Duffy, Ap Any such cotton producer organiza Announced prices, under MP-14: 74 cents praisers’ Building, Room 802, 630 San- some Street, San Francisco, Calif. 94111. tion desiring to request certification Pw pound—New York, Pennsylvania, New Telephone: Area Code 415, 556-6185. should submit its application in dupli Jersey, New England, and other States bor cate to the Director, Cotton Division, ASCS State Offices dering the Atlantic Ocean and G u lf of Consumer and Marketing Service, U.S. Mexico. 73.25 cents per pound^Washington, Illinois, Room 232, U.S. Post Office and Court Department of Agriculture, Washington, Oregon, and California. All other States 73 house, Springfield, 111. 62701. Telephone: D.C. 20250. cents per pound. Area Code 217, 525-4180. Indiana, Room 110, 311 West Washington A formal application form is not re CHEDDAR CHEESE (STANDARD MOISTURE BASIS) Street, Indianapolis, Ind. 46204. Telephone: quired but each application must con tain the following information: Unrestricted use. Area Code 317, 633-8521. Iowa, Room 937, Federal Building, 210 W al 1. Geographic territory within the Announced prices, under MP-14: 52.750 nut Street, Des Moines, Iowa 50309. Tele State covered by the organization’s cents per pound— New York, Pennsylvania, phone: Area Code 515, 284-4213. active membership. New England, New Jersey, and other States Kansas, 2601 Anderson Avenue, Manhattan, 2. Nature and size of the organiza bordering the Atlantic Ocean and Pacific Kans. 66502. Telephone: Area Code 913, tion’s active membership in the State, Ocean and the Gulf of Mexico. All other JE 9-3531. proportion of total of such active mem States 51.750 cents per pound. Michigan, 1405 South Harrison Road, East bership accounted for by farmers, a Lansing, Mich. 48823. Telephone: Area footnotes map. showing the cotton producing coun Code 517, 372-1910. ties in such State in which the organiza forinula price delivery basis for bin- Missouri, I.O.O.F. Building, 10th and Wal site sales will be f .o.b. tion has members, the volume of cotton nut Streets, Columbia, Mo. 65201. Tele Round product up to the nearest cent. produced in each such county for the phone: Area Code 314, 442-3111. 1965 crop, the number of cotton pro USDA Agriculture Stabilization and Con Minnesota, Room 230, Federal Building and ducers in each such county, and the size servation Service Offices U.S. Courthouse, 316 Robert Street, St. Paul, Minn. 55101. Telephone: Area Code of the organization’s active cotton pro grain offices 612,228-7651. ducer membership in each such county. Kansas City ASCS Commodity Office, 8i Montana, Post Office Box 670, U.S.P.O.' and 3. The extent to which the cotton pro ward Parkway (Post Office Box 20 Federal Office Building, Bozeman, Mont. ducer membership of such organization City. ' Mo. 64141. Telephoi 59715. Telephone“: Area Code 406, 587—4511, is represented in setting the organiza Area Code 816, Emerson 1-0860. EXt. 3271. tion’s policies. FEDERAL REGISTER, V O I. 33, NO. 132-*-TUESDAY, JULY 9, 1968 9840 NOTICES 4. Evidence of stability and perma solidated financial reporting for the nency of the organization. Department. DEPARTMENT OF 5. Sources from which the organiza Effective date: July 1,1968. tion’s operating funds are derived. TRANSPORTATION 6. Functions of the organization. D avid R. B a l d w in , 7. A statement concerning the orga Assistant Secretary Coast Guard nization’s ability and willingness to fur for Administration. [CGFR 68-81] ther the aims and objectives of the [F.R. Doc. 68-9077; Filed, July 8, 1968; Cotton Research and Promotion Act. 8.47 a.m.] PORTION OF DELAWARE RIVER, In order to be considered, applications CHESTER, PA. must be postmarked no later than 11:59 p.m. on July 26, 1968. [Dept. Order 134-2, Am dt. 1] Closure to Navigation During Launch* Dated: July 3, 1968. OFFICE OF AUDITS ing of Hull No. 642, “SS American Liberty” S. C. R a d e m a k e r , Organization and Functions Director, Cotton Division, By virtue of the authority vested In This material amends the material ap Consumer and Marketing Service. me as Commandant, U.S. Coast Guard, pearing at 32 F.R. 13679 of September [F.R. Doc. 68-8105; Filed, July 8, 1968; 29,1967. by 49 CFR 1.4 (32 F.R. 5606) and Execu 8:49 a.m.] Department Order 134-2 is hereby tive Order 10173 as amended by Execu amended as follows: tive Orders 10277, 10352, and 11249, I In section 4 Organization and func hereby affirm for publication in the Fed DEPARTMENT OF COMMERCE tions, the following is added at the end e r a l R e g is t e r the order of A. J. Carpen of the listings in paragraph .01 and para ter,^ Rear Admiral, U.S. Coast Guard, Office of the Secretary graph .07 as indicated: Commander, 3d Coast Guard District, (a) .01 * * * [Dept. Order 134-3, Am dt. 1] who has exercised authority as District ***** Commander, such order reading as OFFICE OF BUDGET AND FINANCE Comprehensive Inter follows: nal Audit Division Organization and Functions 4. P ortion op Delaware River, Chester, Pa. This material amends the material ap (b ) .07 * * * Under the authority of Title II of the pearing at 32 F.R. 10381 of July 14, 1967. Comprehensive' Inter Espionage Act o f June 15, 1917, 40 Stat. 220, Department Order 134-3 of October 18, nal Audit Division 50 U.S.C. 191, and Executive Order 10173 as 1966, is hereby amended as follows: 4. amended, I declare th at from 1 p.m., e.d.t„ on Tuesday, July 9, 1968, u n til completion oi Maritime Adminis In section 4 Organization and func the lau nching at 2 p.m., e.d.t., Tuesday, tration. tions, paragraphs .01 and .07 are amend July 9, 1968, the following area is a security ed, and a new paragraph .08 is added, ***** zone and I order th at it be closed to any to read: Effective date: June 25,1968. person or vessel due to the launching of Hull .01 The Office of Budget and Finance No. 642, the “SS American Liberty”: D avid R. B a ld w in , shall comprise: The waters of the Delaware River, Chester, Assistant Secretary a. Office of the Director: Pa., within the coordinates of latitude for Administration. Director. 39°50'55'' N., longitude 75°20'46” W., at the Deputy Director. [F.R. Doc. 68-8078; Filed, July 8, 1968; shoreline of Chester, Pa., thence southeast 8:47 a.m.] erly to latitude 39°50'34" N., longitude b. Financial Systems Policy Division. 75° 19'29” W., thence north to latitude c. Budget Coordination Division. 39°51'22” N., longitude 75°19'32” W. d. Budget Review and Analysis Staff. No person or vessel may remain in or e. Financial Management Services Di DEPARTMENT OF HEALTH, EDU enter this security zone. vision. The Captain of the Port, Philadelphia, Pa., shall enforce this order. f . Central Accounting Division. CATION, AND WELFARE The Captain of the Port may be assisted .07 The Financial Management Serv by employees and faculties of any State or ices Division shall manage the Working Food and Drug Administration political subdivision thereof or any Federal Capital Fund, and on a reimbursable HAZLETON LABORATORIES, INC. agency. " ... basis through the Working Capital Fund, For violation of this order Title H of tne shall provide financial management serv Notice of Filing of Petition for Food Espionage Act of June 15, 1917 (40 Stat. 220 ices, except accounting, payrolling, and Additives as amended, 50 U.S.C. 192), provides: related financial reporting, to the Office “If any owner, agent, master, officer, or of the Secretary and, as determined by Pursuant to the provisions of the Fed person in charge, or any member of the crew of any such vessel fails to comply with any the Assistant Secretary for Administra eral Food, Drug, and Cosmetic Act (sec. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 regulation or rule issued or order given und tion to be more advantageously per the provisions of this chapter, or obstructs formed as central services, to operating (b) (5 )), notice is given that a petition or interferes with the exercise of any pow units of the Department. The head of (FAP 8B2302) has been filed by Hazleton conferred by this chapter, the vessel, the Financial Management Services Di Laboratories, Inc., Post Office Box 30, with her tackle, apparel, furniture, a vision shall serve as budget officer for Falls Church, Va. 22046, proposing that equipm ent, shall be subject to seizure General Administration, operating units § 121.2526 Components of paper and forfeiture to the U nited States in the s manner as merchandise is forfeited for viola as assigned, and miscellaneous accounts paperboard in contact with aqueous and of the Department of Commerce. fatty foods be amended to provide for tion of the Customs Revenue Laws; and the the safe use of sodium w-dodecylpoly- person gu ilty of such failure, obstruction, or .08 The Central Accounting Division ethoxy <50 moles) sulfate as a component interference shaU be punished by imprison shall, on a reimbursable basis through of paper and paperboard intended for ment for not more than 10 years and may, n the Working Capital Fund, provide ac use in contact with foods of types II, m , the discretion of the court, be fined not more counting, financial reporting, payrolling IV-B, and V I-A as described in table 1 of and related services to the Office of the th an $10,000. „ . . Secretary and, as determined by the As § 121.2526(c). . “If any other person knowingly iai“® sistant Secretary for Administration to Dated June 27,1968. comply with any regulation or rule issu be more advantageously performed as J. K. K irk, order given under the provisions of this c ap central services, to operating units of the Associate Commissioner ter, know ingly obstructs or interferes Department and related independent for Compliance. the exercise of any power conferred by chapter, he shall be punished by imp so agencies and commissions. The Central [F.R . Doc. 68-8099; Filed, J uly 8, 1968; Accounting Division shall render con 8:49 a m .] ment for not more than 10 years an FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9841 at the discretion of the court, be fined not order given under the provisions of this chap The amount proposed to be forfeited, more than $10,000. ter, or knowingly obstructs or interferes with 25 percent, involves a very sharp rise the exercise of any power conferred by this Dated: July 2, 1968. above the 10 percent currently in effect chapter, he shall be punished by imprison for Caribair. The forfiture applies to ment for not more than 10 years and may, at P. E. T rim ble, cancellations long before the planned Vice Admiral, U.S. Coast Guard, the discretion of the court, be fined not more than $10,000.” departure while the present 10 percent Acting Commandant. charge is applicable only to cancellations Dated: July 2, 1968. [F.R. Doc. 68-8072; Piled, July 8, 1968; within 24 hours of departure. This raises 8:46 a.m.] P. E. T r im b le , a question whether the carrier would Vice Admiral, U.S. Coast Guard, have the opportunity to reschedule its Acting Commandant. equipment or otherwise avoid losses from [CGFR 68-80] a cancellation in most circumstances. [F.R. Doc. 68-8073; Filed, July 8, 1968; PORTION OF WARWICK RIVER, NOR 8:46 a.m.] Accordingly a reasonableness issue is FOLK— NEWPORT NEWS HARBOR presented by the absence of an economic basis or other circumstances justifying Closure to Navigation During Naval these charges for cancellations which Amphibious Training Exercises may be made well in advance of depar CIVIL AERONAUTICS BOARD ture. Domestic airlines do not generally By virtue of the authority vested in me [Docket No. 20015; Order 68-7-21] have any penalty provisions. Moreover, as Commandant, U.S. Coast Guard, by 49 the failure to provide a maximum CFR 1.4 (32 F.R. 5606) and Executive CARIBBEAN-ATLANTIC AIRLINES, INC. charge also raises a question of unjust Order 10173 as amended by Executive discrimination, or undue preference or Orders 10277, 10352, and 11249, I hereby Order of Suspension and Investiga prejudice. In this regard, cancellation affirm for publication in the F ederal tion Regarding Proposed Charter of both long distance and short distance Register the order of E. C. Allen, Jr., Provisions charters may subject the carrier to a Rear Admiral, U.S. Coast Guard, Com similar loss exposure; however, the long mander, 5th Coast Guard District, who Adopted by the Civil Aeronautics distance charterer would be subject to has exercised authority as District Com Board at its office in Washington, D.C., a penalty many times that of the short mander, such order reading as follows: on the 2d day of July 1968. distance charterer. For these reasons the Portion of Warwick River, By tariff revisions filed June 4 and 20, Board has concluded that it will not Norfolk—Newport News Harbor 1968, and marked to become effective permit the designated changes to become Under the authority of Title II of the July 5, 1968, Caribbean-Atlantic Airlines, effective2 pending investigation. Espionage Act of June 15, 1917, 40 Stat. 220, Inc. (Caribair), proposes to amend its Accordingly, pursuant to the Federal 50 U.S.C. 191 and Executive Order 10173, as payment and refund charter rule. The Aviation Act of 1958, and particularly amended, I declare that during the below proposal1 requires a deposit of an amount sections 403 and 1002 thereof: specified times and dates the following area equal to 25 percent of the charter price It is ordered, That: is a security zone and I order that it be 1. An investigation be instituted to closed to any person or vessel due to Naval when a charter agreement is signed and Amphibious Training Exercises: provides that this deposit will be forfeited determine whether the provisions The waters of the Warwick River, Warwick- if the charterer cancels the agreement described in Appendix A attached hereto,8 Newport News area, V a„ between points prior to the planned departure time of and rules, regulations, and practices af established by the coordinates of latitude the flight. fecting such provisions, are or will be 37°08'15" N„ longitude 76°34'45'' W ., and The carrier has presented no factual unjust or unreasonable, unjustly dis latitude 37008'15" N „ longitude 76°34'15'' W . data or any other justification in support criminatory, unduly preferential, unduly No person or vessel may rem ain in or enter prejudicial, or otherwise unlawful, and this security zone when set during the periods of its proposal. if found to be unlawful, to determine and specified below. Upon consideration of all relevant prescribe the lawful provisions, and The Captain of the Port may be assisted matters, the Board finds that Caribair’s rules, regulations, or practices affecting by employees and facilities of any State or proposal may be unjust, unreasonable, political subdivision thereof or any Federal such provisions; unjustly discriminatory, unduly prefer agency. 2. Pending hearing and decision by The Commander, Amphibious Training ential, or unduly prejudicial, or other wise unlawful, and should be suspended the Board, the provisions described in Command, U.S. Atlantic Fleet, shall enforce Appendix A hereto,® except insofar as this order. pending investigation. they apply to foreign air transportation, This security zone shall be set during the Carriers have been permitted deposit following times and dates: 7 a.m., e.d.t., to are suspended and their use deferred to and forfeiture requirements to deter and including October 2, 1968, unless 11 a.m„ e.d.t., and from 12 p.m., e.d.t., to 4 frivolous reservations and cancellations, pm., e.d.t.; ninth (T u esday ), 11th (T h u rs otherwise ordered by the Board, and that day) , 16th (T u esd a y ), is th (T h u rs d a y ), 30th and to protect themselves from loss. The no changes be made therein during the (Tuesday) of July 1968, and second (Friday), Board, however, has considered that the period of suspension except by order or 19681 (Tuesciay) ’ 13th (Tuesday) of August forfeiture requirements should be no special permission of the Board. greater than necessary to serve this 3. This investigation be assigned for For violation of this order Title II of the purpose and that forfeiture should not Espionage Act of June 15, 1917 (40 Stat. 220, hearing before an Examiner of the Board be considered as a source of revenue for at a time and place hereafter to be as amended, 50 U.S.C. 192) provides: the carriers. In reviewing penalty pro ‘If any owner, agent, master, officer, or per designated; and visions the Board has recognized that son in charge, or any member of the crew 4. A copy of this order be filed with of any such vessel fails to com ply w ith any in some situations the carriers will have an opportunity to resell the service, and the aforesaid tariff and served upon regulation or rule issued or order given under Caribbean-Atlantic Airlines, Inc., which the provisions of this chapter1, or obstructs or in some instances the service would not interferes with the exercise of any power con be utilized in any event. is made a party to this proceeding. ferred by this chapter, the vessel, together with her tackle, apparel, furniture, and iRule 20(b) appearing on second revised 2 The effect of this suspension order will’ equipment, shall be subject to seizure and page 4 to Caribair’s Tariff CAB No. 12, filed be to leave in force all of the provisions of orfeiture to the United States in the same June 20, 1968. On the first revised page 4 filed Rule 20(b) appearing on original page 4 anner as merchandise is forfeited for viola June 4, Rule 20(b) stipulated that the car and permit to become effective the proposed tion of the customs revenue laws; and the rier would retain the 25 percent deposit as provisions appearing in Rule 20(b) on the person guilty of such failure, obstruction, or damages and that the charterer shall be en second revised page 4 which provide that at ®rence shah be punished by im prison- titled to a refund of all monies in excess of the time the charter agreement is signed, *Dr Dpt more than 10 years and may, in 25 percent of the total charter fee. The bases charterer shall deposit with the carrier an e discretion of the court, be fined not more for suspension and investigation, and the amount equal to 25 percent of the total than $10,000. order herein are applicable to the rule as it charter charge. „.3 . a*y °ther person knowingly fails to appeared on both the first and second revised 3 Appendix A filed as part of the original ompiy with any regulation or rule issued or page 4 of the tariff. docum ent. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9842 NOTICES This order will be published in the 54 miles from Shreveport; (3) the city F ederal R egister. FEDERAL COMMUNICATIONS receives no instate television service and there is a lack of service from Texas-ori By the Civil Aeronautics Board. COMMISSION ented stations; (4) Longview is in com [ seal] M abel M cCart, petition with Tyler, Tex., 30 miles away, Acting Secretary. [Docket Nos. 18229— 18233; FCC 68-688] in attracting new industry and that city [F.R. Doc. 68-8096; Filed, July 8, 1968; LONE STAR TELEVISION SERVICE, has a grandfathered CATV system al 8:48 a.m.] ready carrying the Dallas and Fort INC., ET AL. Worth stations; (5) there will be no leapfrogging of signals; (6) the com [Docket No. 19834; Order 68-7-13] Memorandum Opinion and Order Instituting Consolidated Hearing munity is a link in a chain for poten MOHAWK AIRLINES, INC. tial microwave service and it is essential In re petitions by Lone Star Television that Longview receive the same signals Order Setting Application for Hearing Service, Inc., Longview, Tex., Docket No. as the other communities; (7) petitioner 18229, File No. CATV 100-34; Telecom has gone to considerable expense in ob Adopted by the Civil Aeronautics Cable Co., Texarkana, Tex., Docket No. taining and planning the operation in Board as its office in Washington, D.C., 18230, File No. CATV 100-48; C y p r e s s Longview; and (8) economically, politi on the 2d day of July 1968. Valley Cable Television Service, Inc., cally, educationally, and culturally the On April 18, 1968, Mohawk Airlines, Marshall, Tex., Docket No. 18231, File No. community is identified with Texas, not Inc. (M ohawk), filed an application, pur CATV 100-96; Kilgore Video, Inc., Kil Louisiana. suant to Subpart M of Part 302 of the gore, Tex., Docket No. 18232, File No. The petition is opposed by KTBS, Inc., Board’s procedural regulations, for CATV 100-244; for authority pursuant to and K SLA-TV, Inc. They claim: (l) amendment of its certificate of public § 74.1107 of the rules to operate CATV The showing made does not justify convenience and necessity for route 94 systems in the Shreveport television waivers; (2) carriage of the Dallas-Fort to eliminate condition 4(b), which re market (ARB 68); and in re applications Worth stations would have a serious quires that flights between Syracuse and of Telecom Cable Co., Jefferson, Atlanta, adverse impact on existing and potential Cleveland serve at least one intermediate Edgewood, Mineola, Big Sandy, Ashland, television stations in the Shreveport stop. and Terrell, Tex., Docket No. 18233, File market The city of Syracuse and other Syra Nos. 15908 through 13-IB-116X, 24276- B. Telecom Cable Co. (CATV) 100-48), cuse civic interests1 have filed a joint IB-26X; for construction permits for plans to operate in Texarkana (50,006), statement requesting that the Board new point-to-point microwave radio which is located in both Texas and Ar grant Mohawk’s application. stations in the business radio service. kansas, and is situated about 65 miles Trans-East Airlines, Inc. (Trans- 1. These petitioners propose to estab from Shreveport. The following signals East) , filed an answer seeking denial or lish CATV systems in various Texas com will be carried:1 deferral of the application, on the prin munities and seek waiver of the hearing cipal ground that similar authority, sub Local Signals requirements in order to import distant ject to a long-haul restriction, is in issue Channels: television signals into the Shreveport 3 (A B C )______Shreveport, La. in the Northern New England-Great market (ARB 68), which has a net weekly 12 (C B S )------Do. Lakes Investigation, Docket 18322 (In circulation of 289,300. Channel assign 6 (C B S )______Texarkana, Tex. vestigation).2 Mohawk points out in its ments in the market and their status Distant Signals reply that the Investigation is oriented are: Channels: toward Northern New England service 7 (ABC, NBC) Tyler, Tex. Shreveport— 3 (ABC), 12 (CBS), *24 (Idle), requirements and that Trans-East did 4 (C B S )------Little Rock, Ark. not propose any Syracuse-Cleveland 33 (Id le ); 11 (C B S )____ Do. service therein. Texarkana— 6 (NBC), 17 (Idle), *34 (Idle); 5 ( N B C )______Fort Worth, Tex. Marshall— *22 (Idle), 35 (Idle); 11 (Indep.) Do. Upon consideration of the pleadings Longview— 16 (CP, Indep.). Dallas, Tex. and all the relevant facts, we have deter *13 (E duc.) — 2. The Shreveport market encompasses 4 (C B S )______Do. mined to exercise our discretionary right 8 (A B C )______Do. in accordance with Rule 1311 of the a tri-State area: Louisiana, Texas, and Board’s procedural regulations and Arkansas. All of the CATV proposals are C. Cypress Valley Cable Television direct that a hearing be held under the for the Texas part of the market and Service, Inc. (CATV 100-96), plans to expedited procedures set forth in Rule involve four separate communities. In build a CATV system in Marshall, Tex., 13.12. general, petitioners wish to carry the (23,846), which is situated approximately 36 miles southwest of Shreveport, 65 Accordingly, it is ordered, That: distant signals from Dallas and Fort Worth, which are 100-150 miles from the miles southwest of Texarkana, and out 1. The application of Mohawk Airlines, communities involved. side the predicted Grade B contour of Inc., in Docket 19834 be and it hereby is 3. The proposals, and contentions in Channel 16, Longview. It proposes to set for hearing before an Examiner of support and opposition, are as follows: carry the following signals: the Board at a time and place hereafter A. Lone Star Television Service, Inc. designated; and Local (CATV 100-34), plans to operate in Channels: 2. This order shall be served upon all Longview, Tex. (40,050), which is located 3 (A B C )______Shreveport, La. parties served by Mohawk in its appli about 54 miles southwest of Shreveport 12 (C B S )______Do. cation and Trans-East Airlines, Inc. and 80 miles southwest of Texarkana. 6 (N B C )______Texarkana,Tex. This order shall be published in the Petitioner would carry: Distant F ederal R egister. L ocal Signals Channels: 11 (Indep.)______Fort Worth, Tex. By the Civil Aeronautics Board. Channels: *13 (Educ.)______Dallas, Tex. 3 (A B C )______Shreveport, La. 7 (A B C / N B C )______Tyler, Tex. [ seal] M abel M cC art, 12 (C B S )______Do. Acting Secretary. 6 (N B C ) ______Texarkana, Tex. Waiver of hearing is requested for the 7 (A B C , N B C )______Tyler, Tex. [F.R. Doc. 68-8097; Filed, July 8, 1968; following reasons: (1) Marshall is not 8:49 a.m.] Distant Signals part of any SMS A or urbanized area; (2) the system does not have the potential Channels: 1 The Greater Syracuse Chamber of Com 5 (N B C )______Fort W orth, Tex. for “explosive growth;” (3) no p a y - y merce, The Metropolitan Development As 11 (Indep.)______Do. operations, program originations, or sale sociation of Syracuse and Onondaga County, 4 (C B S )______Dallas, Tex. of advertising time are contemplated, and the Automobile Club of Syracuse. 8 (A B C )______Do. 2 Trans-East has applied for such author ity in Docket 16333, as amended. Orders E - In support of its request, petitioner 1 Telecom Cable has requested a hearing 25310, June 16, 1967, and E-25489, August 3, claims: (1) It has a construction dead and thus has advanced no arguments m s p* 1967. line to meet; (2) Longview is located port of waiver. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9843 (4) economically, politically, education be protected by program exclusivity, and potential for such services; and (c) the ally, and culturally, the community is will be threatened by importation of dis impact of such services upon television identified with Texas, not Louisiana; (5) tant independents; (2) the Shreveport broadcast stations in the market. its size, and distance from Shreveport, stations do provide coverage of Texas 4. To determine whether there are un makes Marshall no threat to a potential events; and (3) Kilgore Is an integral satisfied needs in Longview, Texarkana, Shreveport UHP; (6) it is unrealistic to part of the Shreveport market. Addition and Kilgore, Tex., for in-state television assume that Channel 35, Marshall, will ally, a nonmarket station, Channel 7, programing, and if. so, the extent to be activated within the foreseeable fu Tyler, has objected on the basis that which the applicants’ proposed CATV ture in light of the proposal to construct there are already nine CATV systems services would meet those needs for their and operate a station on Channel 16 at carrying distant signals in its service respective communities. Longview, which is about 20 miles away; area and the authorization of another 5. To determine in light of the above and (7) although not listed as a distant one in Kilgore will only mean further whether grant of the applications and signal to be carried, the system would fragmentation of its market. the proposals would be consistent with carry Channel 16 if activated. 4. Hearing will be ordered for these the public interest. Opposition comes from KTBS, Inc., proposals. The communities are the Radio Longview, Inc., KTBS, Inc., and KSLA-TV, Inc.2 It is argued that: larger population centers of the market; KSLA-TV, Inc., KCMC, Inc., and Chan (1) Marshall will be relied on by future two have UHP allocations. With respect nel Seven, Inc., are made parties to this market UHP stations; (2) such stations to Longview and Kilgore especially, proceeding and, to participate, must would be threatened by importation of hearing is necessary to weigh the im comply with the applicable provisions of distant independents; (3) a future UHP pact on Channel 16 (C P ), Longview, § 1.221 of the Commission’s rules. The in Marshall would be stifled by peti which proposes an independent opera burden of proof is upon the petitioners. A tioner’s CATV system, not the UHF sta tion in that city. We fully appreciate the time and place for hearing will be speci tion proposed for Longview; (4) impor need for in-state programing by Kilgore fied in another order. and Longview residents and that issue tation of a distant educational station Adopted: June 26,1968. will prevent the development of local will be taken up in hearing. But that educational television; and (5) hearing consideration is not a sufficient basis for Released: July 3,1968. waiver in this case. is necessary to assess the growing frag F ederal Communications 5. Telecom Cable Co. has applied for mentation of the market by CATV C o m m issio n / construction permits for microwave sta systems. [ seal] B e n P. W aple, D. Kilgore Video, Inc. (CATV 100-tions to relay distant signals from Dallas- Secretary. 244), proposes to operate at Kilgore, Fort Worth to CATV systems in Glade- water, Jefferson, and Texarkana, all in [F.R. Doc. 68-8102; Filed, July 8, 1968; Tex. (10,092), located 65 miles south 8:49 a.m.] west of Shreveport and approximately Texas, and, except as noted below, is legally, technically, and financially quali 15 miles southwest of Longview, Tex. [Docket Nos. 17889, 17890; FCC 68M-1009] The system will carry the following fied. A § 74.1107 request has been filed signals:3 only with respect to the Texarkana LONG ISLAND VIDEO, IN C, AND Local CATV proposal. KTBS, Inc., Channel 3, GRANIK BROADCASTING CO., INC. Channels: Shreveport, has filed a petition to deny 7 (ABC, N B C )______Tyler, Tex. the applications. The matter of extend Order Regarding Procedural Dates 3 (A B C )______Shreveport, La. ing service to Texarkana will be desig 12 (C B S )______Do. nated for hearing. No action is being In re applications of Long Island Video, 6 (N B C )______Texarkana, Tex. taken with respect to the other com Inc., Patchogue, N.Y., Docket No. 17889, 16 (CP, Indep.) ______Longview, Tex. munities alleged to be served. Pile No. BPCT-3242; Granik Broadcast Distant Accordingly, it is ordered, That the ing Co., Inc., Patchogue, N.Y., Docket Channels: petition to dismiss or deny, filed by No. 17890, File No. BPCT-3422; for con 4 (C B S )------Dallas, Tex. struction permit for new television 8 (A B C )...... Do. KTBS, Inc., in regard to the microwave applications of Telecom Cable Co. (Pile broadcast station (Channel 67). 5 (N B C )------Port W orth, Tex. The Hearing Examiner has for con 11 (Indep.)------Do, Nos. 15908/13-IB-116X, 24276-IB-26X) 9 (N B C )------Lufkin, Tex. is granted to the extent indicated above sideration a letter received June 27, 1968, and is otherwise denied. from counsel for Granik Broadcasting Petitioner makes the following sup Co., Inc.; It is further ordered, That the request porting arguments: (1) Kilgore lies on It appearing, that the applicants have of Telecom Cable Co. for hearing is the periphery of the Shreveport market filed with the Review Board certain granted and the requests of Cypress and is 65 miles from the central city; (2) pleadings which may obviate the neces Valley Cable Television Service, Inc., the community receives practically no sity for hearing; Kilgore Video, Inc., and Lone Star Tele m-state television service; (3) any future It further appearing, that the Broad vision Service, Inc., for waiver of the TOP Shreveport station would not meet cast Bureau, the only other party to this hearing provisions of § 74.1107 of the the needs and interests of Kilgore resi proceeding, has orally advised the Ex rules are denied, and pursuant to sec dents; and (4) § 74.1103 will protect the aminer that it does not object to the post tions 4(i), 303, and 307(b) of the Com Longview UHF. ponement of further proceedings pend munications Act of 1934, as amended, Objections have been filed by Radio ing Review Board action on the said and § 74.1107 of the rules, a consolidated Longview, Inc., Channel Seven, Inc., pleadings: hearing is ordered as to said matters and hcensee of Channel 7, Tyler, Tex., and It is ordered, That the previously es the supporting microwave applications KbLA-TV, Inc., claiming: (1) The Long tablished procedural dates, including the view UHP will rely on Kilgore, will not (File Nos. 15908/13-IB-116X and 24276- IB-26X) on the following issues: commencement of hearing on July 16, 1968, are continued pending further 1. To determine the present and pro order. Channei 16 does not object to carriage o posed penetration and extent of CATV inn, t ®1&nals but asks that appropriat Issued: July 1,1968. qiury be made into the plans of Cypres service in the Shreveport market. r program origination or the sale of ad 2. To determine the effects of current Released: July 3,1968. vertising time. and proposed CATV service in the F ederal C ommunications PP(in0 ,Kh ^ )re Video, Inc., PC C 67-1259, 1 Shreveport market upon existing, pro C o m m issio n , I? *’ the Comi*iission authorized car posed and potential television broadcast [ seal] B en F. W aple, 19 g/nSc,ihe foll°w in g local signals: 3 (A B C ) stations in the market. k a n J ’ Shreveport, and 6 (NBC), Texar Secretary. 3. To determine (a) the present policy eivpn ®e^tion 74.1105 notice having beei [F.R. Doc. 68-8103; Filed, July 8, 1968; K i l v n r ^ ^ no E je c tio n having been filed and proposed future plans of petitioners 8:49 a.m .] 7 THrio Video may, of course, carry Channe with respect to the furnishing of any actiwtedand Channel 16> Longview, whei service other than the relay of the i Commissioner Bartley dissenting; Com signals of broadcast stations; (b) the missioners Loevinger and Wadsworth absent. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9844 NOTICES a member of the Federal Reserve System to be made pursuant to Associated Oil & FEDERAL DEPOSIT INSURANCE shall make its original Report of Condi Gas Co. FPC Gas Rate Schedule Nos. 1, tion on FDIC Form 64 (Savings),1 pre 15, 6, 4, 9, and 14, respectively. Said rate CORPORATION pared in accordance with “Instructions schedules have been redesignated as for the preparation of Report of Condi those of Applicant. The presently effec INSURED BANKS tion on Form 64 (Savings) and Report tive rates under said rate schedules are Joint Call for Report of Condition of Income and Dividends on Form 73 in effect subject to refund in Docket (Savings) by Mutual Savings Banks,” Nos. G-17358, RI65-286, RI65-581 Pursuant to the provisions of section dated December 1962, and any amend RI65-580, RI66-206, and RI67-452, re 7(a) (3) of the Federal Deposit Insurance ments thereto,1 and shall send the same spectively. Applicant has requested to be Act each insured bank is required to make to the Federal Deposit Insurance Cor substituted in lieu of Associated Oil & a Report of Condition as of the close of poration. Gas Co. as respondent in each of said business June 29,1968, to the appropriate proceedings and has submitted agree K. A. R andall, agency designated herein, within 10 days ments and undertakings to assure the after notice that such report shall be Chairman, Federal Deposit Insurance Corporation. total refunds of all amounts collected, made: Provided, That if such reporting from the time that the increased rates date is a nonbusiness day for any bank, W illia m B. C am p, became effective subject to refund, in the preceding business day shall be its Acting Comptroller excess of the amounts determined to be reporting date. of the Currency. just and reasonable in said proceedings. Each national bank and each bank in J. L. R obertson, Therefore, Applicant will be substituted the District of Columbia shall make its Vice Chairman, Board of Gov as respondent in each of said proceed original report of condition on Office of ernors of the Federal Reserve ings; the proceedings will be redesig the Comptroller Form, Call No. 466,1 and System. nated accordingly; and the agreements shall send the same to the Comptroller [F.R. Doc. 68-8088; Filed, July 8, 1968; and undertakings will be accepted for of the Currency, and shall send a signed 8:48 a.m.] filing. and attested copy thereof to the Federal Consolidated Oil & Gas, Inc. (Oper Deposit Insurance Corporation. Each ator), et al., Applicant in Docket No. insured State bank which is a member CI62-1037, proposes to continue the sale of the Federal Reserve System, except a FEDERAL POWER COMMISSION of natural gas heretofore authorized in bank in the District of Columbia, shall [Docket No. G-2683 etc.] said docket to be made pursuant to Shell make its original Report of Condition Oil Co. (Operator) et al., FPC Gas Rate on Federal Reserve Form 105— Call 188,1 ASSOCIATED PROGRAMS, INC., ET AL. Schedule No. 269. Said rate schedule will and shall send the same to the Federal be redesignated as that of Applicant. Reserve Bank of the District wherein the Findings and Order The presently effective rate under said bank is located, and shall send a signed Ju n e 25, 1968. rate schedule is in effect subject to re and attested copy thereof to the Federal Findings and order after statutory fund in Docket No. RI67-169, and Appli Deposit Insurance Corporation. Each in hearing issuing certificates of public con cant has requested in its certificate sured State Bank not a member of the venience and necessity, amending cer application that it be made a party to Federal Reserve System except a bank tificates, permitting and approving said proceeding and has indicated that in the District of Columbia and a mutual abandonment of service, terminating it intends to be responsible for the total savings bank, shall make its original certificates, substituting respondents, refund from the date that the increased Report of Condition on FDIC Form 64— making successor co-respondent, redesig rate was made effective subject to re Call No. 84,1 and shall send the same to nating proceedings, accepting agree fund. Therefore, Applicant will be sub the Federal Deposit Insurance Corpora ments and undertakings for filing, stituted in lieu of Shell as respondent; tion. requiring filing of agreements and the proceeding will be redesignated The original Report of Condition re undertakings, and accepting related rate accordingly; and Applicant will be re quired to be furnished hereunder to the schedules and supplements for filing. quired to file an agreement and under Comptroller of the Currency and the copy taking to assure the refund of all Each of the Applicants listed herein amounts collected in excess of the thereof required to be furnished to the has filed an application pursuant to sec Federal Deposit Insurance Corporation amount determined to be just and tion 7 of the Natural Gas Act for a cer shall be prepared in accordance with reasonable in said proceeding. tificate of public convenience and neces “Instructions for preparation of Reports sity authorizing the sale and delivery of Colorado Oil and Gas Corp., Appli of Condition by National Banking As natural gas in interstate commerce, for cant in Docket No. CI68-1203, proposes sociations,” dated January 1961, and permission and approval to abandon to continue in part the sale of natural any amendments thereto.1 The original service, or a petition to amend an exist gas heretofore authorized in Docket Nos. Report of Condition required to be fur ing certificate authorization, all as more G-11022 and G-11023 to be made pui> nished hereunder to the Federal Reserve fully described in the respective applica suant to Bruce Anderson et al., FPC Bank of the District wherein the bank Gas Rate Schedule No. 2. T h e contract tions and petitions (and any supplements is located and the copy thereof required comprising said rate schedule will also or amendments thereto) which are on to be furnished to the Federal Deposit be accepted for filing as a rate schedule file with the Commission. Insurance Corporation shall be prepared of Applicant. The presently effective in accordance with “Instructions for the The Applicants herein have filed re rate under said rate schedule is in effec preparation of Reports of Condition by lated FPC gas rate schedules and pro subject to refund in Docket No. G-204&4. State Member Banks of the Federal Re pose to initiate or abandon, add or delete Therefore, Applicant will be made & serve System,” dated June 1968, and any natural gas service in interstate com co-respondent in said proceeding; th amendments thereto.1 The original Re merce as indicated by the tabulation proceeding will be redesignated accov - port of Condition required to be fur herein. All sales certificated herein are ingly; and Applicant will be required nished hereunder to the Federal Deposit at rates either equal to or below the ceil file an agreement and undertaking Insurance Corporation shall be prepared ing prices established by the Commis assure the refund of any amounts co in accordance with “Instructions for the sion’s statement of general policy No. lected by it in excess of the amou preparation of Report of Condition on 61-1, as amended, or involve sales for determined to be just and reasonaDie Form 64, by insured State banks not which permanent certificates have been said proceeding. , previously issued. members of the Federal Reserve System,” The Commission’s staff has r®vie^!L dated January 1961, and any amend Associated Programs, Inc., Applicant each application and recommends e ments thereto.1 in Docket Nos. G-2683, G-3999, G-4229, action ordered as consistent witn , Éach insured mutual savings bank not G-8408, CI62-927, and CI63-1560, pro substantive Commission policies poses to continue the sales of natural required by the public convenience 1 Filed as part of original document. gas heretofore authorized in said dockets necessity. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9845 After due notice, a joint petition to dockets should be amended as herein No. G-20454, that said proceeding should intervene by Pacific Lighting Service after ordered and conditioned: be redesignated accordingly, and that and Supply Co., Southern California G—2683 CI61-1355 CI66—1213 Colorado should.be required to file an Gas Co., and Southern Counties Gas G-3999 CI61-1745 CI67—174 agreement and undertaking. Company of California, and a notice of G—4229 CI62-927 CI67-931 (12) It is necessary and appropriate in intervention by The People of the State G—4676 CI62-1037 CI67-932 carrying out the provisions of the Nat of California and The Public Utilities G—5967 CI63-173 CI67-933 ural Gas Act that the respective related Commission of the State of California G —6304 CI63-1560 CI67-934 rate schedules and supplements as G —8408 CI64-841 CI67-935 were filed in Docket Nos. CI67-946 and designated in the tabulation herein G —10739 CT65-207 CI67-936 CI67-985, in the matter of the applica G—10937 CI65-817 CI67-1458 should be accepted for filing as herein tions filed on January 31, 1967, and Feb G—14679 . CI66-727 CI67-1617 after ordered. ruary 6, 1967, respectively, in said dock G —17203 CI66—853 The Commission orders: ets. The joint petition to intervene and CI61-922 CI66—1184 (A ) Certificates of public convenience and necessity are issued upon the terms the notice of intervention have been (6) It is necessary and appropriate and conditions of this order, authorizing withdrawn, and no other petitions to in in carrying out the provisions of the the sales by the respective Applicants tervene, notices of intervention, or pro Natural Gas Act that the certificates herein of natural gas in interstate com tests to the granting of any of the respec heretofore issued in the following merce for resale, together with the con tive applications or petitions in this order dockets should be amended to reflect the struction and operation of any facilities have been received. deletion of acreage where new certifi subject to the jurisdiction of the Com At a hearing held on June 20,1968, the cates are issued herein: Commission on its own motion received mission necessary for such sales, all as Am end to New and made a part of the record in these hereinbefore described and as more fully delete acreage certificate described in the respective applications, proceedings all evidence, including the G-11022______— CI68—1203 applications, amendments, and exhibits G —11023______CI68—1203 amendments, supplements, and exhibits thereto, submitted in support of the G —13633______CI68-1077 in this proceeding. respective authorizations sought herein, G—13876 ______CÏ68-1209 (B ) The certificates granted in para and upon consideration of the record; G-14361. ______CI68—1139 graph (A ) above are not transferable G-15714______CI67—946 The Commission finds: and shall be effective only so long as G —15714______CI67-985 Applicants continue the acts or opera (1) Each Applicant herein is a “nat CI63—258 ______. . . CI68—1239 tions hereby authorized in accordance ural-gas company” within the meaning CI63-1515______CI68—1222 with the provisions of the Natural Gas of the Natural Gas Act as heretofore (7) The sales of natural gas proposed Act and the applicable rules, regulations, found by the Commission or will be en to be abandoned by the respective Ap and orders of the Commission. gaged in the sale of natural gas in inter plicants, as hereinbefore described, all as (C) The grant of the certificates is state commerce for resale for ultimate more fully described in the respective sued in paragraph (A ) above shall not public consumption, subject to the applications and in the tabulation be construed as a waiver of the require jurisdiction of the Commission, and will, herein, are subject to the requirements ments of section 4 of the Natural Gas therefore, be a “natural-gas company” of subsection (b) of section 7 of the Act or of Part 154 or Part 157 of the within the meaning of said Act upon the Natural Gas Act, and such abandon Commission’s regulations thereunder, commencement of the service under the ments should be permitted and approved and is without prejudice to any findings respective authorizations granted herein or orders which have been or may here after. as hereinafter ordered. (8) It is necessary and appropriate in after be made by the Commission in any (2) The sales of natural gas- herein carrying out the provisions of the Natural proceedings now pending or hereafter in before described, as more fully described Gas Act that the certificates of public stituted by or against the respective Ap in the respective applications, amend convenience and necessity heretofore plicants. Further, our action in this ments and/or supplements herein, will issued to the respective Applicants re proceeding shall not foreclose nor prej be made in interstate commerce, subject lating to the abandonments hereinafter udice any future proceedings or objec to the jurisdiction of the Commission permitted and approved should be ter tions relating to the operation of any and such sales by the respective Appli minated. price or related provisions in the gas cants, together with the construction and (9) It is necessary and appropriate in purchase contracts herein involved. Nor operation of any facilities subject to the carrying out the provisions of the Nat shall the grant of the certificates afore jurisdiction of the Commission neces ural Gas Act that Associated Programs, said for service to the particular custom sary therefor, are subject to the require Inc., should be substituted in lieu of ers involved' imply approval of all of ments of subsections (c) and (e) of Associated Oil & Gas Co. as respondent the terms of the respective contracts par section 7 of the Natural Gas Act. in the proceedings pending in Docket ticularly as to the cessation of service (3) The respective Applicants are Nos. G-17358, RI65-286, RI65-580, RI65- upon termination of said contracts, as able and willing properly to do the acts 581, RI66-206, and RI67—452, that said provided by section 7(b) of the Natural and to perform the services proposed and proceedings should be redesignated ac Gas Act. Nor shall the grant of the to conform to the provisions of the Nat cordingly, and that the agreements and certificates aforesaid be construed to ural Gas Act and the requirements, undertakings submitted in said dockets preclude the imposition of any sanctions rules, and regulations of the Commission by Associated Programs, Inc., should be pursuant to the provisions of the Natural thereunder. accepted for filing. Gas Act for the unauthorized com (4) The sales of natural gas by the (10) It is necessary and appropriate in mencement of any sales of natural gas respective Applicants, together with the carrying out the provisions of the Nat subject to said certificates. construction and operation of any facili ural Gas 'Act that Consolidated Oil & (D ) The grant of the certificates is ties subject to the jurisdiction of the Gas, Inc. (Operator) et al., should be sued herein on all applications filed after commission necessary therefor, are substituted in lieu of Shell Oil Co. (Op July 1, 1967, is upon the condition that required by the public convenience and erator), et al. as respondent in the no increase in rate which would exceed necessity and certificates therefore proceeding pending in Docket No. RI67- the ceiling prescribed for the given area ould be issued as hereinafter ordered 169, that said proceeding should be re by paragraph (d) (3) of the Commission’s and conditioned. designated accordingly, and that Con statement of general policy No. 61-1, as (5) it is necessary and appropriate solidated should be required to file an amended, shall be filed prior to the appli in carrying out the provisions of the agreement and undertaking. cable date as indicated by footnote 15 in a ural Gas Act and the public con (11) It is necessary and appropriate the attached tabulation. venience and necessity require that the in carrying out the provisions of the (E) The initial rate for the sale au Natural Gas Act that Colorado Oil and certificate authorizations heretofore is thorized in Docket No. CI68-1077 shall Gas Corp. should be made a co-respond be 13.453 cents per Mcf at 15.025 p.s.i.a., sued by the Commission in the following ent in the proceeding pending in Docket including tax reimbursement. No. 132- FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9846 NOTICES (F) The initial rate for sales author Am end to New the form set out below, and shall file ized in Docket Nos. CI67-1617 and CI68- d e l e t e acreage certificate with the Secretary of the Commission 1123 shall be 15 cents per Mcf at 14.65 0-1109.9! OIfia-1203 an acceptable agreement and under p.s.i.a., including tax .reimbursement, G —11023 _ ____ CI68-1203 taking in Docket No. RI67-I69 to assure G —13633 ____ - CI68—1077 the refund of all amounts collected, to subject to B.t.u. adjustment; however, ____ CI68-1209 G-13876 ______gether with interest at the rate of 7 per in the event that the Commission amends G-14361 ______CI68-1139 its policy statement No. 61-1, by adjust G —15 7 1 4 ______CI67-946 cent per annum, in excess of the amount ing the boundary between the Panhandle G —15 7 1 4 ______CI67-985 determined to be just and reasonable in area and the Oklahoma "Other” area so CI63-258 ______CI68-1239 said proceeding. Unless notified to the as to increase the initial wellhead price 0163-1515 ______CIG8—1222 contrary within 30 days from the date for new gas in the area involved herein, (N ) The certificates heretofore issued of submission, such agreement and Applicants thereupon may substitute the in Docket Nos. G-2683, G-3999, G-4229, undertaking shall be deemed to have been accepted for filing. new rates reflecting the amounts of such G-5967, G-6304, G-8408, G-10937, G - increases, and thereafter collect such 17203, CI61—922, CI61-1355, CI61-1745, (U ) Consolidated Oil & Gas, Inc. new rates prospectively in lieu of the CI62-927, CI62—1037, CI63-173, CI63- (Operator), et al., shall comply with the initial rate herein required. 1560, CI65-207, CI66-727, CI66-1184, refunding and reporting procedure re (G ) The initial rate for the sale au CI67-931, CI67-932, CI67-933, CI67-934, quired by the Natural Gas Act and thorized in Docket No. C l68—1161 shall CI67-935, and CI67-936 are amended by § 154.102 of the regulations thereunder, be 15 cents per Mcf at 14.65 p.s.i.a., in substituting the respective successors in and the* agreement and undertaking filed cluding tax reimbursement. interest as certificate holders as indicated by it in Docket No. RI67-169 shall remain (H ) The certificate issued herein in in the tabulation herein. in full force and effect until discharged Docket No. CI68-1123 is conditioned upon by the Commission. (O ) Permission for and approval of any determination which may be made in the abandonment of service by the re (V) Colorado Oil and Gas Corp. is the proceeding pending in Docket No. R - made a co-respondent in the proceeding 338 with respect to the transportation of spective Applicants, as hereinbefore de scribed, all as more fully described in the pending in Docket No. G-20454, and said liquefiable hydrocarbons. proceeding is redesignated accordingly." (I) The certificate issued herein in respective applications and in the tabu lation herein are granted. (W ) Within 30 days from the issuance Docket No. CI68-1203 involving the sale of this order, Colorado Oil and Gas Corp. of gas by Colorado Oil and Gas Corp., to (P) The certificates heretofore issued in Docket Nos. CI63-288, CI63-691, and shall execute, in the form set out below, its affiliate, Colorado Interstate Gas Co., and shall file with the Secretary of the CI63-958 are terminated. determines the rate which legally may be Commission an acceptable agreement paid by the buyer to the seller, but is (Q ) Associated Programs, Inc., is sub and undertaking in Docket No. G-20454 without prejudice to any action which stituted in lieu of Associated Oil & Gas to assure the refund of any amounts the Commission may take in any rate Co. as respondent in the proceedings collected by it, together with interest at proceeding involving either company. pending in Docket Nos. G-17358, RI65- the rate of 7 percent per annum, in (J) Certificates are issued herein in 286, RI65-580, RI65-581, RI66-206, and excess of the amount determined to be Docket Nos. CI67-485 and CI68-1238 au RI67-452; said proceedings are redesig just and reasonable in said proceeding. thorizing Applicants to continue the sales nated accordingly;1 and the agreements Unless notified to the contrary by the of natural gas being rendered on June, and undertakings submitted in said pro Secretary of the Commission within 30 7,1354. ceedings by Associated Programs, Inc., days from the date of submission, such (K ) The certificates heretofore issued are accepted for filing. agreement and undertaking shall be in Docket Nos. G-4676, G-10739, CI64- (R ) Associated Programs, Inc., shall deemed to have been accepted for filing. 841, CI65-817, CI66-853, CI66-1213, comply with the refunding and reporting (X ) Colorado Oil and Gas Corp. shall CI67-174, CI67-1458, and CI67-1617 are procedure required by the Natural Gas comply with the refunding and report amended by adding thereto or deleting Act and § 154.102 of the regulations ing procedure required by the Natural therefrom authorization to sell natural ♦thereunder; and the agreements and Gas Act and § 154.102 of the regulations gas to the same purchasers and in the «undertakings filed by it in Docket Nos. thereunder, and the agreement and same areas as covered by the original G-17358, RI65-286, RI65-580, RI65-581, undertaking filed by it in Docket No. authorizations pursuant to the rate RI66-206, and RI67-452 shall remain G-20454 shall remain in full force and schedule supplements as indicated in the in full force and effect until discharged effect until discharged by the Commis tabulation herein. sion. (L ) The certificate heretofore issued by the Commission. (Y ) The respective related rate in Docket No. G-14679 is amended by de (S ) Consolidated Oil & Gas, Inc. schedules and supplements as indicated leting therefrom authorization to sell (Operator), et al., is substituted in lieu in the tabulation herein are accepted for natural gas pursuant to the rate schedule of Shell Oil Co. (Operator) et al., as filing; furthèr, the rate schedules re supplement as indicated in the tabula respondent in the proceeding pending in lating to the successions herein are re tion herein, and Applicant shall not be Docket No. RI67-169, and said proceed designated and accepted, subject to the relieved of any refund obligations which applicable Commission regulations under may be imposed in the related rate sus ing is redesignated accordingly.8 pension proceedings pending in Docket (T ) Within 30 days from the issuance the Natural Gas Act to be effective on Nos. G—15370, G-17423, G-19767, RI61- of this order, Consolidated. Oil & Gas, the dates as indicated in the tabulation 213, RI62-104, RI64-202, RI65-259, RI66- Inc. (Operator), et al., shall execute, in herein. 132, and RI67-91, insofar as it pertains By the Commission. to the acreage being released. i Docket Nos. RI65-286, RI65-580, and (M ) The certificates heretofore issued I s e a l ] K e n n e t h F. P l u m b , RI67-452, Associated Programs, Inc.; Docket Acting Secretary. in the following dockets are amended to Nos. G-17358, RI65-581, and RI66-206, As reflect the deletion of acreage where new sociated Programs, Inc. (Operator), et al. certificates are issued herein to authorize a Consolidated Oil & Gas, Inc. (Operator), * Bruce Anderson et al., and Colorado Oil service from the subject acreage: et al. and Gas Corp. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 FPC rate schedule to be accepted F P C rate schedule to "be accepted D o c k e t N o . and Applicant Purchaser, field, and Docket No. and Applicant date filed location Description and date No. Supp. date filed Description and date No. Supp. of document of document G-2683...... Associated Proerams. Tennessee Gas Pipeline Associated Oil & Gas 1 . G-17203...... Warren Petroleum El Paso Natural Gas Co., Sinclair Oil & Gas Co. E 4-6-68 ' Inc. (Operator), et Co., a division of Ten Co. (Operator), et E 4-15-68 Corp. (Operator) Tatum Gasoline Plant, (Operator), PPG al. (successor to neco, Inc., Trans-Tex al., F P C G R S No. 1. (successor to Sinclair Lea County, N . Mex. GRS No. 168. Associated Oil FPC rate schedule to be accepted FPC rate schedule to be accepted Docket No. and Applicant Purchaser, field, and ------Docket No. and Applicant Purchaser, field, and date filed location Description and date No; Supp; date filed location Description and date No. Supp. ol document of document CI65-817...... Jennings Petroleum Equitable Gas Co., Salt Letter agreement 4-2- 2 3 CI67-936...... Universal Major In- Consolidated Gas Supply Transamerican Petrole- 6 ______C 4-10-68 u Corp. ' Lick and Otter Dis- 68. « 18 E 4-11-68 dustries Corp. (suc Corp., Gaskill and Befi um Corp. et al., FPC D 4-10-68 tricts, Braxton County, cessor to Transameri Townships, Jefferson GRS No. 7. W. Va. can Petroleum Corp. County, Pa. Notice of succession ______— CI66-727...... Consolidated Produc- Panhandle Eastern Pipe G. M. Close, FPC 1 ...... et al.). 4-4-68. E 4-15-68...... tion Corp. (successor Line Co., acreage in GRS No. 1. Assignment 3-22-67 25__ 6 1 to (i M. ClnsfO. Dewev County. Okla. Notice of succession ...... Effective date: 3-22-67______4-11-68. CI67-946___ Midwest Oil Corp. Transwestem Pipeime Assignment 12-1-67------1 1 (G-15714) (successor to Humble Co., Mammoth Creek Contract 7-7-58 27______43 1 Effective date: 12-1-67...... F 1-31-67 Oil & Refining Co.). Field, Lipscomb Letter agreement 43 2 CI66-853...... Service Gas Products . do...... Amendatory agreement 7 4 County, Tex. 10-8-59. C 4-11-68 » Co. (Operator) et al. 12-21-67.18« Letter agreement 43 3 CI66-1Ì84___ _ W. G. Kennedy (suc Consolidated Gas Supply Gibson Oil Co. et al., 1 ------3-11-60. E 4-17-68 cessor to Gibson Oil Corp., Grant District, First National Bank Letter agreement 43 4 Co. et al., First Ritchie County, W. V a. of Quincy, agent, 5-25-60. National Bank of • FPC GRS No. 1. Letter agreement 43 5 Quincy, agent). 10-19-62 Notice of succession______Letter agreement 43 6 (undated). 4-7-64. Assignment 7-6-67_____ 1 1 CI67-985___ Explorer Oil Co. (suc .do. Ratified 1-20-6728...... 1 ____ Effective date: 7-6-67______(G-15714) cessor to Humble Oil Contract 7-7-5827...... 1 1 1 2 CI66-1213...... J. Gregory Merrion El Paso Natural Gas Co., Agreement 16-30-67_____ 4 1 F 2-6-67 & Refining Co.). Letter agreement C 4-19-68 « (Operator) et al. Undesignated Chacra Agreement 4-4-68______4 2 10-8-59. and South Blanco Pic Letter agreement 1 3 tured Cliffs Fields, Rio ', 3-11-60. Arriba County, Letter agreement 1 4 N. Mex. 5-25-60. 5 CI67-174...... Southland Royalty Co. Michigan Wisconsin Pipe Amendatory agreement Letter agreement 1 C 4-16-6818 (Operator) et al. Line Co., Laverne 3-8-68. 18 20 10-19-62. Field, Harper County, Letter agreement 1 6 Okla. 4-7-64. CI67-485...... Bank ofWadestown, Consolidated Gas Supply Contract 4-1-41...... CI67-1167...... RoyisWard...... Almos Gas Gathering Contract 1-23-67______1 . — A 10-14-6681...... agent for S. O. Eddy Corp., Lincoln Dis Supplemental agreement A 2-27-67 Co., North Mathis NOTICES et al. trict, Marion County, 11-1-40.22 Field, San Patricio W.Va. Supplemental agreement County, Tex. 4-4-51.28 CI67-1241...... Ahnos Gas Gathering United Gas Pipe Line Contract 2-24-67___ ;___ 2 ...... Supplemental Agreement A 3-10-67 Co. Co., North Mathis 4-5-56.28 Field, San Patricio CI67-931...... Universal Major Indus- Consolidated Gas Supply Transamerican Petro County, Tex. E 4-11-68 tries Corp. et al. (suc Corp., Banks Town leum Corp. et al., C167-1267...... J. E. Hillier...... Almos Gas Gathering Contract 1-31-67______3 ...... cessor to Trans- ship, Indiana County, FPC GRS No. 2. A 3-16-67 Co., North Mathis american Petroleum Pa. Notice of succession Field, San Patricio Corp. et al.). 4-4-68. County, Tex. Letter Agreement CI67-1458...... Anadarko Production Michigan Wisconsin Pipe Amendatory agreement 129 1 8-19-65.24 C 4-18-68 » Co. Line Co., Laverne 3-1-68.» Assignment 3-22-6728 — Field, Harper County, Effective date: 3-22-67___ Okla. 25 2 GI67-932...... Universal Major Indus- Consolidated Gas Supply Transamerican Petro CI67-1617...... W. B. Osborn, Jr. Panhandle Eastern Pipe Amendment 12-18-67 **.. E 4-11-68 tries Corp. (Operator) Corp., Gaskill Town leum Corp. et al., C 1-22-68 18 (Operator), et al.28 Line Co., acreage in et al. (successor to ship, Jefferson County, FPC GRS No. 3. Woods County, Okla. Pa. Notice of succession CI68-1077...... William Herbert Hunt Arkansas Louisiana Gas Contract 3-25-57 » _____ 13____ Transamerican 13 i Petroleum Corp. et 4-4-68. (G-13633) - Trust Estate (Opera- Co., Colquitt Field, Amendment 3-25-57____ Letter agreement 13 2 al.); Assignment 3-22-67____ F 3-6-68 tor) et al. (successor Claiborne Parish, La. Effective date: 3-22-67__ to Union Producing 3-25-57. Consolidated Gas Supply Transamerican Petro Co.). Letter agreement 13 3 CI67-933___ ...... do...... 8-15-58. E 4-11-68 Corp., Gaskill Town leum Corp. et al., ship, Jefferson County, FPC GRS No. 4. Assignment 8-2-6780___ 13 4 ft and Banks Township, Notice of succession Assignment 8-5-6780----- 13 5 Indiana County, Pa. 4-4-68. Compliance 4-24-68 81__ 13 6 Assignment 3-22-67.____ CI68-1110--Ì-...... Douglas Resources Northern Natural Gas Contract 12-21-6782____ 5 ...... Effective date: 3-22-67__ A 3-14-68 18 Corp. et al. Co., North Salon Area, CI67-934---- Universal Major In- Consolidated Gas Supply Transamerican Petrole Ellis County, Okla. Corp., Gaskill Town um Corp. et al., FPC CI68-1123...... Sarkeys, Inc...... Panhandle Eastern Pipe Contract 2-22-6888...... 6 ...... E 4-11-68 1 dustries Corp. et al. 1 (successor to Trans- ship, Jefferson County, GRS No. 5. A 3-18-68 « Line Co., Peek Area, Compliance 4-26-6884__ 6 amefican Petroleum Pa. Notice of succession Roger Mills County, Corp. et al.); 4-4-68. Okla. Assignment 3-22-6728 CI68-1125...... Frank J. Hall (Opera- Mississippi River Trans Contract 3-4-68______4 ...... — Effective date: 3-22-67— A 3-18-68 >8 tor) et al. mission Corp., Walnut CI67-935-... do. Consolidated Gas Supply Transamerican Petrole Bayou Field, Caddo E 4-11-68 Corp., Bell Township, um Corp. et al.,FPC Parish, La. Jefferson County, Pa. GRS No. 6. CI68-1136...... — Signal Oil& Gas Co. . Tennessee Gas Pipeline Notice of cancellation 9 7 Notice of succession (CI63-691) Co., a division of 4-29-68.* 8 4-4-68. B 3-18-68 Tenneco, Inc., West Assignment 3-22-67 28 .. Bishop Field, Nueces Effective date: 3-22-67— County, Tex. Se« footnotes at end of table. FEDERAL REGISTER, VO L. 33, N O . 132----TUESDAY, JULY 9, 1968 FPC rate schedule to be accepted Purchaser, held, and location Description and date of document El Paso Natural Gas Co., Contract 11-12-57 »»_ CI-68-1236...... Montlar Oil & Gas Co. Consolidated Gas Supply Contract 2-14-68 88. Aneth Area, White Letter 11-6-57______A 424-68 88 et al. Corp., Glenville Mesa Unit, San Juan Letter agreement District, Gilmer County, Utah. 11-22-57.«« County, W. Va. Letter agreement 1-8-58. CI68-1238...... Eber S. Roush et al. The Ohio Fuel Gas Co., Contract 9-5-46 ««. Letter agreement 7-30-58. A 422-6888 Sutton Township, Letter agreement Meigs County, Ohio. 11-15-59. C I 6 8 - 1 2 8 9 . . . Wessely Petroleum, Panhandle Eastern Pipe Contract 8-6-62 ««...... Letter agreement (CI63-258) Ltd. (successor to Line Co., Mocane Assignment 3-29-68 87. 11-20-59, F 42468 as Sunset International Morrow Field, Beaver Assignment 418-68 88. Letter (undated) «L.___ amended 6-17-68 Petroleum Corp, County, Okla. Effective date: 41-68. Assignment 12-1-6738______et al.). Effective date: 9-1-67___ CI68-1161...... T. F. Hodge. Arkansas Louisiana Gas Contract 11-4-66 ««...... 7 8 From Associated Oil Gas Co. to Associated Programs, Inc. A 3-25-68 & Co., North Drummond Contract 7-2-62 18______40 7 2 Transfers acreage from Sinclair Oil & Gas Co. to H. B. Lively to a depth of 9,100 feet (filed Mar. 9, 1968). Area, Garfield County, 8 Defines acreage remaining dedicated to the contract (filed Feb. 29, 1968), Okla. « Effective date: Date of this order, CI68-1174___ , Grace E. and Robert A: Consolidated Gas Supply Notice of cancellation 8 From Wilbur D. Roush to Eber Roush. (CI63-958) Lowther, Corp., Meade District, 4-1-68.« ‘1 8 Conveys acreage from D. E. & R. J. Whelan, Inc. to Lone Star Producing Co. B 4-3-68 Tyler County, W. Va, CI68-1203 .. 7 Deletes from dedication the leases in the Tulsita-Wilcox Field, Bee County, Tex., District No. 2. Casinghead Colorado Oil 48 Shows applicable area rate of 17.21 cents per Mcf. 9849 FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9850 NOTICES « Revised contract summary filéd to reflect a rate of 27.5 cents per Mcf in lieu of the original proposed Tate of 28 order, or at the direction of the Presi dent: m Production from the Newburg Sand only. •i Amendment to the application filed to change price to read 15 cents per Mcf in lieu of 17 cents per Mcf. Administrative Committee of the Federal M Ratifies contract dated Sept. 27, 1967, between Apache Corp. and Arkansas Louisiana Gas Co. m Also on file as Apache Corp. (Operator) et al., FPC GRS No. 42. Register. M Provides for downward B.t.u. adjustment; B.t.u. to be measured on a wet basis. Federal Fire Council. « Rate schedule previously accepted for filing but no certificate filing was ever made for this sale. N ation al Archives Trust Fund Board. 86 Currently on file as Sunset International Petroleum Corp. FPC GRS No. 9. 87 From Sunset International Petroleum Corp. to Applicant. . National Historical Publications Commission, 88 From Robert J. Nolt to Applicant. B. Standing committee established Suggested agreement and undertaking: shares of capital stock, owned by 539 during fiscal year 1968: B efore t h e F ederal P o w e r C o m m is s io n shareholders as of December 31, 1967; Interagency Committee for Improvement in (3) There is some trading activity and Procurement and Management of Property, (N am e of R espo n d en t------) a regular market in the bank’s stock, C. Standing committees and subcom Docket N o ______with considerable, although primarily mittees extended beyond June 30, 1968: AGREEMENT AND UNDERTAKING OF (NAME OF local, interest in such stock; and RESPONDENT) TO COMPLY WITH REFUNDING (4) Compliance, at this time, with the Interagency Advisory Committee on Disposal of N atu ral R ubber. AND REPORTING PROVISIONS OF SECTION registration and reporting requirements 154.102 OF THE COMMISSION'S REGULATIONS Interagency Advisory Committee on Security of the Act would impose a severe burden Equipm ent. UNDER THE NATURAL GAS ACT on the bank and its personnel. Interagency Advisory Committee on Stand (Name of Respondent) hereby agrees and Upon consideration of all the circum ardization Planning. undertakes to comply with the refunding stances, the Board concludes that the Interagency Committee for Review of Federal and reporting provisions of section 154.102 granting of a temporary exemption until Supply Schedules. of the Commission’s regulations under the Interagency Coordinating - Committee on Natural Gas Act insofar as they are appli April 30, 1969, would not be inconsistent M edical Stockpile S h elf-Life Items. cable to the proceeding in Docket N o . ------with the public interest or the protection Interagency Procurement Policy Committee. (and has caused this agreement and under of investors. Interagency Transportation and Traffic Man taking to be executed and sealéd in its name It is hereby ordered, That Piedmont agement Committee. by its officers, thereupon duly authorized in Trust Bank be, and hereby is, exempted Southwest Em ploym ent Area Transportation accordance with the terms of the resolution from the registration requirements of Committee. of its board of directors, a certified copy of Southwest Em ploym ent Area Transportation which is appended hereto*) th is ------day section 12(g) of the Securities Exchange Working Committee. of ______196___ Act of 1934 until April 30,1969. Southwest Em ploym ent Area Transportation Working Subcommittee. (N am e of Respondent) Dated at Washington, D.C., this 2d By — T------day of July 1968. Dated: July 1, 1968. Attest: By order of the Board of Governors. L aw so n B. K nott, Jr., Administrator of General Services. [ s e a l ] R o b e r t P . F o r r e s t a l , Assistant Secretary. [F.R. Doc. 68-8089; Filed, July 8, 1968; [F.R. Doc. 68-7944; Filed, July 8, 1968; 8:48 a.m.] 8:45 a.m.] [F.R. Doc. 68-8056; Filed, July 8, 1968; 8:45 a.m.] FEDERAL RESERVE SYSTEM INSURED BANKS OFFICE OF ECONOMIC PIEDMONT TRUST BANK Joint Call for Report of Condition OPPORTUNITY Order Granting Temporary Exemption C r o s s R e f e r e n c e : For a document relating to a joint call for report of condi SECRETARY OF LABOR ET AL. In the matter of the application of tion of insured banks, see F.R. Doc. 68- Delegation of Authorities Regarding Piedmont Trust Bank, Martinsville, Va., 8088, Federal Deposit Insurance Cor Special Impact Programs for exemption from the registration re poration, supra. quirements of the Securities Exchange 1. The Delegation of Authorities dated Act of 1934. March 10, 1967, approved by the Presi There has come before the Board of dent March 14, 1967 (32 F.R. 4588), is Governors, pursuant to section 12(h) of GENERAL SERVICES ADMINIS hereby'rescinded insofar as it applies to the Securities Exchange Act of 1934 (15 programs under title I, Part D, of the U.S.C. 787), an application by Piedmont TRATION Economic Opportunity Act of 1964, as Trust Bank, Martinsville, Va., a member amended, 81 Stat. 688, 42 U.S.C. 2763-68. State bank of the Federal Reserve Sys STANDING INTERAGENCY COMMIT 2. Pursuant to section 602(d) of the tem, for exemption from the registration Economic Opportunity Act, the follow TEES CHAIRED BY GENERAL SERV ing powers of the Director are hereby requirements of section 12(g) of the Act. ICES ADMINISTRATION Notice of receipt of the application was delegated concurrently and severally to published in the F e d e r a l R e g is t e r on Bureau of the Budget Circular No. A - the Secretary of Labor, the Secretary oi May 17, 1968 (33 F.R. 7338), providing 63 of March 2, 1964, requires that notice Commerce, and the Secretary of Agri an opportunity for interested persons of the establishment or extension of culture: ., to submit comments and recommenda standing interagency committees be pub (a) The power to provide financial tions with respect to the application and lished in the F e d e r a l R e g is t e r “in order assistance under section 151 of the Eco to request a hearing on the matter. Time to facilitate convenient and permanent nomic Opportunity Act; for filing comments and for requesting reference by Federal agencies, unless this (b) The power to make such determi a hearing has expired and no such com would be inconsistent with law or reg nations as may be necessary or appro’ ments or requests have been received. ulations, or where such publication would priate in the administration of gran On the basis of the information set not be in the national interest." In com or contracts made by them pursuant forth in the application, or otherwise pliance with this requirement the follow section 151; and (c) The powers of the Director under available, the Board finds that: ing information is provided relating to (1) The bank has assets of $31.9 mil sections 602, 603(b), and 611 of the ec - standing interagency committees chaired lion and equity capital of $2.9 million; nomic Opportunity Act to the exte (2) The bank has outstanding 219,615 by the General Services Administration. they deem necessary or appropriate A. Continuing interagency committeescarrying out their functions in ex 1 I f a corporation. established by legislation, Executive cising the foregoing powers. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9851 Hie powers delegated herein may be re Adams, a Massachusetts corporation, is est, the reason for such request and the delegated with or without authority for a personal holding company all of whose issues, if any, of fact or law proposed to further redelegation. outstanding stock is owned by 25 stock be controverted, or he may request that 3. Allotments of funds by the Office of holders and is exempt from registration he be notified if the Commission shall Economic Opportunity under title I-D under the Act by reason of the provi order a hearing thereon. Any such com will be based on prior understanding be sion s of section 3 (c)(1 ) thereof. Adams munication should be addressed: Secre tween the Director and the appropriate has conducted its business as a private tary, Securities and Exchange Commis Secretary of the special impact areas in investment company since its formation sion, Washington, D.C. 20549. A copy of which they are to be used and the prin in 1916. such request shall be served personally cipal features of the projects involved. Pursuant to an agreement between Ap or by mail (airmail if the person being served is located more than 500 miles 4. Concurrent authority is retained by plicant and Adams, assets owned by Adams with a value of approximately from the point of mailing) upon Appli the Director of the Office of Economic cant at the address stated above. Proof Opportunity for the purpose of providing $2,571,243 on May 17, 1968 will be trans of such service by affidavit (or in case of financial assistance for projects other ferred to Applicant in exchange for an attorney at law by certificate) shall than those to be administered by the shares of Applicant’s stock. be filed contemporaneously with the re Secretary of Labor, the Secretary of The number of shares of Applicant to quest. At any time after said date, as Commerce, or the Secretary of Agricul be issued to Adams is to be determined by dividing the aggregate market value provided by Rule 0-5 of the rules and ture. . of the assets of Adams (subject to cer regulations promulgated under the Act, 5. All operating information, evalua tain adjustments set forth in the applica an order disposing of the application tion reports, and other data concerning tion) to be transferred to Applicant by herein may be issued by the Commission the programs administered under the Applicant’s net asset value per share (as upon the basis of the information stated delegated powers shall be freely ex defined in the agreement), both to be in said application, unless an order for changed between the Director and the determined as of the valuation time. If hearing upon said application shall be appropriate Secretary. Each agreement the valuation in the agreement had issued upon request or upon the Com made under the delegated authority with taken place on May 17, 1968, Adams mission’s own motion. Persons who re any public or private agency shall con would have received 48,407 shares of quest a hearing, or advice as to whether tain provisions adequate to assure that Applicant’s stock. a hearing is ordered, will receive notice information needed for evaluation pur When received by Adams, the shares of further developments in the matter poses will be made available to the Di of Applicant are to be distributed to the including the date of the hearing (if or rector at his request. Adams shareholders on the liquidation dered) and any postponements thereof. B e r t r a n d M . H a r d in g , of Adams. Applicant has been advised For the Commission (pursuant to dele Acting Director, by the management of Adams that the gated authority). Office of Economic Opportunity. stockholders of Adams do not have any present intention of distributing the [ s e a l ! O r v a l L. D u B o i s , June 17, 1968. sharps of Applicant to be received on v Secretary. Approved: June 27,1968. such liquidation following the sale of [F.R. Doc. 68-8064; FUed, July 8, 1968; assets transaction or of redeeming any 8:45 a m .] L y n d o n B . J o h n s o n , substantial number thereof. Applicant President of the United States. does presently intend to sell a portion of [F.R. Doc. 68-8087; Piled, July 8, 1968; the securities subsequent to their ac 8:48 a.m.] quisition from Adams as set out in the SMALL DUSINESS application. Applicant represents that there is no ADMINISTRATION affiliation or relationship between the [Delegation of Authority No. 30 (Midwest SECURITIES AND EXCHANGE officers and directors -e f the Applicant ern A r e a ); Rev. 2] and the officers and directors of Adams COMMISSION and that the proposed transaction is the AREA COORDINATORS ET AL. [812-2328] result of arms-length negotiations by the Delegation of Authority To Conduct principals of both corporations. STATE STREET INVESTMENT CORP. Section 22(d) of the Act provides that Program Activities in Midwestern Area Notice of Filing of Application for registered open-end investment com panies may sell their shares only at the Pursuant to the authority delegated to Order Exempting Sale by Open- current public offering price as described End Company of Its Securities at the Area Administrator by Delegation of in the prospectus. Section 6(c) permits Authority No. 30 (Rev. 12), 32 F.R. 179, Other Than Public Offering Price the Commission, upon application, to dated January 7, 1967, and Amendment exempt such a transaction if it finds that J u l y 2, 1968. 1, 32 F.R. 8118, dated June 6, 1967, the such an exemption is necessary qr appro Notice is hereby given that State Street following authority is hereby redelegated priate in the public interest and con to the positions as indicated herein: investment Corp. ("Applicant”), 225 sistent with the protection of investors 1. Area Coordinators: Franklin Street, Boston, Mass., a Massa and the purposes fairly intended by the chusetts corporation registered under the policy and provisions of the Act. A. Development Company Assistance investment Company Act of 1940, 15 Applicant contends that the proposed Coordinator— 1. Eligibility determina UB.C. Sec. 80a-l et seq. ("Act”), as an offering of its stock will comply with the tions (.for financial assistance only). To open-end diversified management in provisions of the Act, other than section determine eligibility of applicants for vestment Company, has filed an appli 22(d) and submits that the granting of assistance under the sections 501 and 502 cation pursuant to section 6(c) of the Act the application would be in accordance programs of the Agency in accordance or an order of the Commission exempt with established practice of the Commis with Small Business Administration ing from the provisions o r section 22(d> sion, is necessary or appropriate in the standards and policies. ” Aot a transaction in which Appli public interest and consistent with the 2. Size determinations (for financial e d S ,redeemable securities will be is- protection of investors and the purposes assistance only). To make initial size J J S at a Price other than the current fairly intended by the policy and provi determinations in all sections 501 and 5 3 ? offenng price in exchange for sub- sions of the Act. 502 loans within the meaning of the stantiaiiy all the assets of Adams Se- Notice is further given that any inter Small Business Size Standards Regula «MttesCbmpBny (“Adams”). All inter- ested person may, not later than July 22, tions, as amended, and further, to make ™ «?ns are referred to the applica- 1968, at 5:36 p.m., submit to the Com product classification decisions for sec stn the Commission for a mission in writing a request for a hear tions 501 and 502 loans only. Product whi^ff? Qf Applicant’s representations ing on the matter accompanied by a classification decisions for procurement wnich are summarized below. statement as to the nature of his inter purposes are made by contracting officers. FEDERAL REGISTER, VOL. 33, NO. T32—-TUESDAY, JULY 9, Ï9 6 8 9852 NOTICES B. Liquidation and Disposal Coordina b. The execution and delivery of con minations in all cases within the meaning tor. 1. To take all necessary actions in tracts of sale or of lease or sublease, quit of the Small Business Size Standards connection with the liquidation and dis claim, bargain and sale of special Regulations, as amended, and further, posal of all loans and other obligations warranty deeds, bills of sale, leases, sub to make product classification decisions or assets, including collateral purchased; leases, assignments, subordinations, re for financial assistance purposes only. and to do and perform and to assent to leases (in whole or part) of liens, satis Product classification decisions for pro the doing and performance of, all and faction pieces, affidavits, proofs of claim curement purposes are made by con every act and thing requisite and proper in bankruptcy, or other estates and such tracting officers. to effectuate the granted powers, includ other instruments in writing as may be G. Area Administrative Officer. 1. To ing without limiting the generality of the appropriate and necessary to effectuate purchase reproductions of loan docu foregoing : the foregoing. ments, chargeable to the revolving fund, a. The assignment, endorsement, trans c. To take all necessary action in liqui requested by U.S. attorneys in fore fer, and delivery (but in all cases without dating Economic Development Adminis closure cases. representation, recourse or warranty) of tration loans and acquired collateral 2. To (a) purchase office supplies and notes, claims, bonds, debentures, mort when and as authorized by Economic equipment, including office machines, gages, deeds of trust, contracts, patents Development Administration. and rent regular office equipment and and applications therefor, licenses, cer d. To advertise regarding the public furnishings; (b) contract for repair and tificates of stock and of deposit, and any sale of (1) collateral in connection with maintenance of equipment and furnish other liens, powers, rights, charges on the liquidation of loans and (2) acquired ings; and (c) contract for services re and interest in or to property of any kind property. quired in setting up and dismantling and legal and equitable, now or hereafter held e. Except: (1) To compromise or sell moving SBA exhibits; and (d) issue by the Small Business Administration any primary obligation or other evidence Government bills of lading. or its Administrator. of indebtedness owed to the Agency for 3. In connection with the establish a sum less than the total amount due ment of Disaster Loan Offices, to obli b. The execution and delivery of con thereon; (2) to deny liability of the gate Small Business Administration for tracts of sale or of lease or sublease, Small Business Administration under the rental of office space. quitclaim, bargain and sale of special the terms of a participation or guaranty 4. To rent motor vehicles from the/ warranty deeds, bills of sale, leases, sub agreement, or the assertion of a claim General Services Administration and to leases, assignments, subordinations, re for recovery from a participating bank rent garage space for the storage of such leases (in whole or part) of liens, under any alleged violation of a partici vehicles when not furnished by this satisfaction pieces, affidavits, proofs of pation or guaranty agreement; and (3) Administration. claim in bankruptcy or other estates, and the cancellation of authority to liquidate. II. Regional Directors: such other instruments in writing as may D. Area Claims Review Committee. To A. Financial assistance. 1. To approve be appropriate and necessary to effec consist of the liquidation and disposal business and disaster loans not exceed tuate the foregoing. coordinator, area counsel, and the area ing $350,000 (SBA share) and economic c. To take all necessary action in liqui supervisory appraiser who will meet and opportunity loans not exceeding $25,000 dating Economic Development Adminis consider reasonable and properly ’sup (SBA share). tration loans and acquired collateral ported compromise proposals of in 2. To decline business, economic op when and as authorized by Economic debtedness owed to the Agency and to portunity, and disaster loans of any Development Administration. take final action on such proposals pro amount. d. To advertise regarding the public vided such action represents the major 3. To close and disburse approved sale of (1) collateral in connection with ity recommendation of the committee on loans. the liquidation of loans, and (2) acquired claims not in excess of $5,000 (including 4. -To enter into business, economic property. CPC advances but excluding interest), or opportunity, and disaster loan partici e. Except: (1) To compromise or sell represents the unanimous recommenda pation agreements with banks. any primary obligation or other evi tion of said committee on claims in ex 5. To execute loan authorizations for dence of indebtedness owed to the cess of $5,000 but not exceeding $100,000 Washington and area approved loans and Agency for a sum less than the total (including CPC advances but excluding for loans approved under delegated au amount due thereon; (2) to deny lia interest). thority, said execution to read#as follows: bility of the Small Business Administra E. Financial Assistance Coordinator— (N a m e ), Administrator tion under the terms of a participation 1. Eligibility determinations ( for finan By ------—...... or guaranty agreement, or the assertion cial assistance only). To determine eligi (Nam e) of a claim for recovery from a partici bility of applicants for assistance under Regional Director (City) pating bank under any alleged violation any program of the Agency, except sec of a participation or guaranty agreement. tions 501 and 502 loans, in accordance 6. To cancel, reinstate, modify, and C. Supervisory Liquidation and Diswith Small Business Administration amend authorizations for business, eco posal Officer. 1. To take all necessary ac standards and policies. nomic opportunity, and disaster loans. tions in connection with the liquidation 2. Size determinations (for financial 7. To extend the disbursement penod and disposal of all loans and other ob assistance only). To make initial size an all loan authorizations or undisbursed ligations or assets, including collateral determinations in all cases within the portions of loans. . . purchased ; and to do and perform and to meaning of the Small Business Size 8. To approve, when requested, in ad assent to the doing and performance of, Standards Regulations, as amended, ex vance of disbursement, conformed copies all and every act and thing requisite and cept sections 501 and 502 loans; and fur pf notes and other closing documents, proper to effectuate the granted powers, ther, to make product classification and certify to the participating ban* including without limiting the generality decisions for financial assistance pur that such documents are in compliance of the foregoing : poses only. Product classification deci with the participation authorization. a. The assignment, endorsement,sions for procurement purposes are made 9. To approve service charges by par transfer and delivery (but in all cases by contracting officers. ticipating banks not to exceed 2 Per®*®. without representation, recourse or war P. Procurement and Management As per annum on the outstanding pnncip ranty) of notes, claims, bonds, deben sistance Coordinator— 1. Eligibility de balance of construction loans and loa tures, mortgages, deeds of trust, con terminations (.for P M A activities only). tracts, patents and applications there To determine eligibility of applicants for ventory financing. for, licenses, certificates of stock and of assistance under any program of the **10. To establish disaster field offices deposit, and any other liens, powers, Agency in accordance with Small Busi upon receipt of advice of the designa rights charges on and interest in or to ness Administration standards and of a disaster area; to advise on the m ■ property of any kind, legal and equitable, policies. ing of disaster loans; to appoint now or hereafter held by the Small Busi 2. Size determinations (for PM A acprocessing representative any banx ness Administration or its Administrator. tivities only). To make initial size deter the disaster area; and to close dis FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9853 geld offices when no longer advisable to and of deposit, and any other liens, pow cation decisions for procurement pur maintain such offices. ers, rights, charges on and interest in poses are made by contracting officers. 11. To take all necessary actions in or to property of any kind, legal and 2. Eligibility determinations for finan connection with the administration, equitable, now or hereafter held by the cial assistance only. To determine eligi servicing, and collection, other than those Small Business Administration or its bility of applicants for assistance under accounts classified as “in liquidation^; Administrator. any program of the Agency, except sec and to do and perform and to assent to b. The execution and delivery of as tions 501 and 502 loans, in accordance the doing and performance of, all and signments, subordinations, releases (in with Small Business Administration every act and thing requisite and proper whole or part) of liens, satisfaction standards and policies. to effectuate the granted powers, includ pieces, affidavits, proofs of claim in 3. To approve business and disaster ing without limiting the generality of bankruptcy or other estates, and such loans not exceeding $350,000 (SBA the foregoing: other instruments in writing as may be share), and economic opportunity loans a. The assignment, endorsement, appropriate and necessary to effectuate not exceeding $25,000 (SBA share). transfer, and delivery (but in all cases the foregoing. 4. To close and disburse approved without representation, recourse, or war c. The approval of bank applications business, economic opportunity, and dis ranty) of notes, claims, bonds, deben for use of liquidity privilege under the aster loans. tures, mortgages, deeds of trust, con loan guaranty plan. 5. To decline business, economic op tracts, patents and applications therefor, d. Except: (1) To compromise or sell portunity, and disaster loans of any licenses, certificates of stock and of de-,, any primary obligation or other evidence amount. posit, and any other liens, powers, rights, of indebtedness owed to the Agency for 6. To enter into business, economic op charges on and interest in or to property a sum less than the total amount due portunity, and disaster loan participa of any kind, legal and equitable, now or thereon; and (2) to deny liability of the tion agreements with banks. hereafter held by the Small Business Small Business Administration under 7. To execute loan authorizations for Administration or its Administrator. the terms of a participation or guaranty Central Office, area, and regional ap b. The execution and delivery of con agreement, or the assertion of a claim proved loans and loans approved under tracts of sale or of lease or sublease, quit for recovery from a participating bank the delegated authority, said execution claim, bargain and sale of special war under any alleged violation of a partici to read as follows : pation or guaranty agreement. ranty deeds, bills of sale, leases, subleases, (N am e) , Administrator assignments, subordinations, releases (in C. Size determinations. To make ini whole or part) of liens, satisfaction tial size determinations in all cases B y ------within the meaning of the Small Busi (Name) pieces, affidavits, proofs of claim in Title of person signing. bankruptcy or other estates, and such ness Size Standards Regulations, as other instruments in writing as may be amended, except sections 501 and 502 8. To cancel, reinstate, modify, and appropriate and necessary to effectuate loans, and further, to make product amend authorizations for business, eco the foregoing. classification decisions for financial as nomic opportunity, and disaster loans. c. The approval of bank applications sistance purposes only. Product classi 9. To extend the disbursement period for use of liquidity privilege under the fication decisions for procurement pur on all loan authorizations or undisbursed loan guaranty plan. poses are made by contracting officers. portions of loans. d. Except: (1) To compromise or sell D. Eligibility determinations. To de 10. To approve, when requested, in ad any primary obligation or other evidence termine eligibility of applicants for vance of disbursement, conformed copies of indebtedness owned to the Agency for assistance under any program of the of notes and other closing documents; a sum less than the total amount due Agency, with the exception of the 501 and certify to the participating bank that thereon; and (2) to deny liability of the and 502 programs, in accordance with such documents are in compliance with Small Business Administration under the Small Business Administration stand the participation authorization. terms of a participation or guaranty ards and policies. 11. To approve service charges by par agreement, or the assertion of a claim for E. Administration. 1. To purchase re ticipating banks not to exceed 2 percent recovery from a participating bank un productions of loan statements, charge per annum on the outstanding balance der any alleged violation of a participa able to the revolving fund, requested by on construction loans and loans involv tion or guaranty agreement. U.S. attorneys in foreclosure cases. ing accounts receivable and inventory development company assistance. 2. To (a) purchase office supplies and financing. 1. To approve or decline section 501 equipment, including office machines, 12. To take all necessary actions in State Development Company loans and and rent regular office equipment and connection with the administration, section 502 Local Development Company furnishings; (b) contract for repair and servicing, and collection, other than loans up to $350,000 (SBA share). maintenance of equipment and furnish those accounts classified as “in liquida 2. To close and disburse sections 501 ings; (c) contract for services required tion”; and to do and to perform and to and 502 loans. in setting up and dismantling and mov assent to the doing and performance of, 3. To extend the disbursement period ing SBA exhibits; and (d) issue Govern all and every act and thing requisite and on sections 501 and 502 loan authoriza ment bills of lading. proper to effectuate the granted powers, tions or undisbursed portions of sections 3. In connection with the establish including without limiting the generality 501 and 502 loans. ment of Disaster Loan Offices, to of the foregoing: obligate Small Business Administration J ' To cancel, reinstate, modify, and a. The assignment, e n d o r s e m e n t , to reimburse the General Services Ad transfer, and delivery (but in all cases authorizations for sections 501 and 502 loans. ministration for the rental of office space. without representation, recourse, or '4. To rent motor vehicles from the warranty) of notes, claims, bonds, deben •.To take all necessary actions in co: General Services Administration and to tures, mortgages, deeds of trust, con nection with the administration, ser rent garage space for the storage of tracts, patents and applications therefor, fmJ!’ an j co^ection; and to do and pe such vehicles when not furnished by this licenses, certificates of stock and deposit, iorm and to assent to the doing ai Administration. and any other liens, powers, rights, ^ r ance of. all and every act ai F. Chiefs, Financial Assistance Di charges on and interest in or to property ÏJ“18 requisite and proper to effectua visions (and Assistant Chiefs, if as of any kind, legal and equitable, now or R a n t e d Powers, including witho signed)— 1. Size determinations for hereafter held by the Small Business uniting the generality of the foregoin financial assistance only. To make in Administration or its Administrator. tranJSîf asj ^ n m e n t, endorsemei itial size determinations in all cases b. The execution and d e liv e ry of S K F T 3 deiiYei7 (but in all cas within the meaning of the Small contracts of sale or of lease or sublease, warrant rePresentation, recourse, Business Size Standards Regulations, as quit-claim, bargain and sale of special S S E ? * of notes, claims, bonds, d amended, except sections 501 and 502 warranty deeds, bills of sale, leases, c o n t S ’ morteages, deeds of tru loans, and further, to make product subleases, assignments, subordinations, therefor8’ n patents and applicatio classification decisions for financial as releases (m whole or in part) of liens, eior> licenses, certificates of sto sistance purposes only. Product classifi satisfaction pieces, affidavits, proofs of No. 132------7 FEDERAL REGISTER, VOL. 33, NO. T32— TUESDAY, JULT \ T968 9854 NOTICES claim in bankruptcy or other estates, and rights, charges on and interest in or to 2. To extend the disbursement period such other instruments in writing as may property of any kind, legal and equitable, on sections 501 and 502 loan authoriza be appropriate and necesary to effectuate now or hereafter held by the Small tions or undisbursed portions of sections the foregoing. Business Administration or its Admin 501 and 502 loans. c. The approval of bank applications istrator. 3. To cancel, reinstate, modify, and for use of liquidity privileges under the b. The execution and delivery of con amend authorizations for sections 501 loan guaranty plan. tracts of sale or of lease or sublease, and 502 loans. d. Except: (1) To compromise or sell quitclaim, bargain and sale of special 4. To take all necessary actions in any primary obligation or other evidence warranty deeds, bills of sale, leases, sub connection with the administration, of indebtedness owed to the Agency for a leases, assignments, subordinations, re servicing, and collection; and to do and sum less than the total amount due leases (in whole or in part) of liens, perform and to assent to the doing and thereon; and (2) to deny liability of the satisfaction pieces, affidavits, proofs of performance of, all and every act and Small Business Administration under the claim in bankruptcy or other estates, and thing requisite and proper to effectuate terms of a participation or guaranty such other instruments in writing as the granted powers, including without agreement, or the assertion of a claim may be appropriate and necessary to limiting the generality of the foregoing: for recovery from a participating bank effectuate the foregoing. a. The assignment, endorsement, under any alleged violation of a par c. The approval of bank applications transfer, and delivery (but in all cases ticipation or guaranty agreement. for use of liquidity privileges under the without representation, recourse, or war G. Supervisory Loan Officer and/orloan guaranty plan. ranty) of notes, claims, bonds, deben Assistance Team Leader. 1. To approve d. Except: (1) To compromise or sell tures, mortgages, deeds of trust, con or decline business and disaster direct any primary obligation or other evidence tracts, patents and applications therefor, loans not in excess of $50,000 and par of indebtedness owed to the Agency for licenses, certificates of stock and of de ticipation loans not in excess of $50,000 a sum less than the total amount due posit, and any other liens, powers, rights, (SBA share). thereon; and (2) to deny liability of the charges on and interest in or to property 2. To approve or decline economic op Small Business Administration under of any kind, legal and equitable, now or portunity loans not in excess of $25,000 the terms of a participation or guaranty hereafter held by the Small Business Ad (SBA share). agreement or the assertion of a claim for ministration or its Administrator. 3. To close and disburse approved busi recovery from a participating bank under b. The execution and delivery of as ness, economic opportunity and disaster any alleged violation of a participation signments, subordinations, releases (in loans. or guaranty agreement. whole or part) of liens, satisfaction 4. To enter into business loan partici 11. Size determinations for financial pieces, affidavits, proofs of claim in pation agreements with banks. assistance only. To make initial size bankruptcy, or other estates, and such 5. To execute loan authorizations for determinations in all cases within the other instruments in writing as may be Central Office, area, and regional ap meaning of the Small Business Size appropriate and necessary to effectuate proved loans and loans approved under Standards Regulations, as amended, the foregoing. delegated authority, said execution to except sections 501 and 502 loans, and c. The approval of bank application read as follows : further, to make product classification for use of liquidity privilege under the (Nam e), Administrator decisions for financial assistance pur loan guaranty plan. poses only. Product classification de d. Except: (1) To compromise or sell B y ------cisions for procurement purposes are any primary obligation or other evidence (N a m e) of indebtedness owed to the Agency for a Title of person signing. made by contracting officers. 12. Eligibility determinations for fi sum less than the total amount due 6. To cancel, reinstate, modify and nancial assistance only. To determine thereon; and (2) to deny liability of the amend authorizations for business, eco eligibility of applicants for assistance Small Business Administration under the nomic opportunity and disaster loans. under any program of the Agency, except terms of a participation or guaranty 7. To extend the disbursement period sections 501 and 502 loans, in accordance agreement, or the assertion of a claim for on all loan authorizations or undisbursed with Small Business Administration recovery from a participating bank portions of loans. standards and policies. under any alleged violation of a partici 8. To approve, when requested, in H. Loan Officer (Financial Assistance). pation or guaranty agreement. advance of disbursement, conformed 1. To approve final actions concerning J. Loan Officer (Development Com copies of notes and other closing docu current direct or participation loans: pany Assistance). 1. To close and dis ments; and certify to the participating a. Use of the cash surrender value of burse sections 501 and 502 loans. bank that such documents are in compli life insurance to pay the premium on the 2. To extend the disbursement period ance with the participation authoriza policy. on sections 501 and 502 loans. tion. b. Release of dividends of life insur 3. To cancel, reinstate, modify, and 9. To approve service charges by par ance or consent to application against amend authorizations for sections 501 ticipating banks not to exceed 2 percent premiums. and 502 loans. per annum on the outstanding balance c. Minor modifications in the authori 4. To approve final actions concerning on construction loans and loans involv zation. current direct, participation, and Hrst ing accounts receivable and inventory d. Extension of disbursement period. Mortgage Plan 502 loans: financing. e. Extension of initial principal pay a. Use of the cash surrender value of 10. To take all necessary actions in ments. life insurance to pay the premium on tne connection with the administration, f. Adjustment of interest payment servicing, and collection, other than those dates. policy. accounts classified as “in liquidation”; g. Release of hazard insurance checks b. Release of dividends of life ance or consent to applications against and to do and to perform and to assent not in excess of $500 and endorse such to the doing and performance of, all and checks on behalf of the Agency where premiums. every act and thing requisite and proper SB A is named as joint loss payee. c. Minor modifications in the authori to effectuate the granted powers, includ h. Release of equipment with or with zation. . , ing without limiting the generality of d. Extension of disbursement period. out consideration where the value of the foregoing: equipment being released does not exceed e. Extension of initial principal pay a, The assignment, endorsement, $500. ments. - t transfer, and delivery (but in all cases f. Adjustment of interest payiae without representation, recourse, or war 2. To close and disburse approved ranty) of notes, claims, bonds, deben business, economic opportunity, and g. Release of hazard insurance checks tures, mortgages, deeds of trust, con disaster loans. tracts, patents and applications therefor, I. Chief, Development Company As not in excess of $500 and endorse licenses, certificates of stock and of sistance Division. 1. To close and dis checks on behalf of the Agency w deposit, and any other liens, powers, burse sections 501 and 502 loans. SBA is named as joint loss payee. FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9855 h. Release of equipment with or with rent garage space for the storage of such c. The approval of bank applications out consideration where the value of vehicles when not furnished by this for use of liquidity privileges under the equipment being released does not ex Administration. loan guaranty plan. ceed $500. m . B ra n c h M a n a g e r— Marquette, d. Except: (a) To compromise or sell K. Regional Counsel. [Reserved] Mich. : any primary obligation or other evidence L. Chief, Accounting, Clerical, and A. Financial assistance. 1. To approve of indebtedness owed to the Agency for Training Division. 1. To purchase repro or decline direct loans not in excess of a sum less than the total amount due ductions of loan documents, chargeable $50,000 and participation loans not in thereon; and (b) to deny liability of the to the revolving fund, requested by U.S. excess of $50,000 (SBA share), Small Business Administration under the attorney in foreclosure cases. 2. To approve or decline economic op terms of a participation or guaranty 2. To (a) purchase office supplies and portunity loans not in excess of $25,000 agreement or the assertion of a claim for equipment, including office machines, (SBA share). recovery from a participating bank and rent regular office equipment and 3. To close and disburse approved busi under any alleged violation of a par furnishings; (b) contract for repair and ness, economic opportunity, and disaster ticipation or guaranty agreement. maintenance of equipment and furnish loans. 11. Size determinations for financial ings; (c) contract for services required 4. To enter into business loan partici assistance only. To make initial size in setting up and dismantling and mov pation agreements with banks. determinations in all cases within the ing SBA exhibits; and (d) issue Govern 5. To execute loan authorizations for meaning of the Small Business Size ment bills of lading. Washington, area, and regional approved Standards Regulations, as amended, ex 3. In connection with the establish loans and loans approved under dele cept sections 501 and 502 loans; and fur ment of disaster loan offices, to obligate gated authority, said execution to read ther, to make product classification deci Small Business Administration to reim as follows: sions for financial assistance purposes burse General Services Administration ■{Name) , Administrator only. Product classification decisions for for the rental of office space. B y . . ------...... ------procurement purposes are made by 4. To rent motor vehicles from the (N am e) contracting officers. General Services Administration and to T itle of -person signing. 12. Eligibility determinations for fi rent garage space for the storage of such nancial assistance only. To determine vehicles when not furnished by this 6. To cancel, reinstate, modify, and amend authorizations for business, eco eligibility of applicants for assistance Administration. under any program of the Agency, except * *5. To cancel, reinstate, modify, and nomic opportunity, and disaster loans. 7. To extend the disbursement period sections 501 and 502 loans; in accoradnce amend authorizations for business, eco with Small Business Administration nomic opportunity, and disaster loans. on all loan authorizations or undisbursed portions of loans. Standards and policies. **6. To extend the disbursement pe IV. The specific authority delegated riod on all loan authorizations or undis 8. To approve, when requested, in ad vance of disbursement, conformed copies herein, indicated by double asterisks (* *) bursed portions of loans, except sections cannot be redelegated. 501 and 502 loans. of notes and other closing documents; and certify to the participating bank V. The authority delegated herein to a **7. To approve final actions concern specific position may be exercised by any ing current direct or participation loans : that such documents are in compliance with the participation authorization. SBA employee designated as acting in a. Use of the cash surrender value of that position. life insurance to pay the premium on the 9. To approve service charges by par policy. ticipating banks not to exceed 2 percent VT. All previously delegated authority is hereby rescinded without prejudice to b. Release of dividends of life insur per annum on the outstanding balance on construction loans and loans involv actions taken under such Delegations of ance or consent to application against Authority prior to the date hereof. premiums. ing accounts receivable and inventory c. Minor modifications in the authori financing. Effective date: June 1,1968. zation. 10. To take all necessary actions in R ichard E. L assar, d. Adjustment of interest payment connection with the administration, serv dates. Area Administrator, icing, and collection, other than those ac Midwestern Area. e. Release of hazard insurance checks counts classified as “in liquidation” ; and not in excess of $500 and endorse such to do and to perform and to assent to [F.R. Doc. 68-8084; Filed, July 8, 1968; 8:47 a.m.] checks on behalf of the Agency where the doing and performance of, all and f dS name(^ as Joint loss payee. every act and thing requisite and proper f. Release of equipment with or with to effectuate the granted powers, includ [Delegation of Authority No. 4.1-1; Rev. 2] out consideration where the value of ing without limiting the generality of the equipment being released does not ex foregoing : DIRECTOR, OFFICE OF BUSINESS ceed $500. a. The assignment, endorsement, LOANS, ET AL. M. Assistant Chief, Accounting, C\ transfer, and delivery (but in all cases cai, and Training Division. 1. To ] Delegation of Authority Regarding without representation, recourse, or war Financial Assistance *se reproductions of loan docume ranty) of notes, claims, bonds, de n n ^ fif i e ^ revolving fund, bentures, mortgages, deeds of trust, con Delegation of Authority No. 4.1-1 cases^ by U ‘S' attorney in forecloi tracts, patents and applications there (Rev. 1) 32 F.R. 2484, February 4,1967, is for, licenses, certificates of stock and of hereby revised to read as follows: (a) Purchase office suppliesdeposit, and any other liens, powers, I. Pursuant to the authority delegated equipment, including office machi rights, charges on and interest in or to by the Associate Administrator for Fi S i « ? regular office equipment property of any kind, legal and equitable, nancial Assistance to the Deputy Asso mah!ffmgS’ (b) contract for repair now or hereafter held by the Small Busi ciate Administrator for Financial Assist ine-1. ^nfnce of equipment and fum ness Administration or its Administrator. ance in Delegation of Authority No. 4.1 in spttw contract for services requ b. The execution and delivery of con (Rev. 1) 32 F.R. 938, January 26, 1967, insr U£ and dismantling and n tracts of sale or of lease or sublease, and Amendment 1, 33 F.R. 8624, the fol quitclaim, bargain and sale of special lowing authority is hereby redelegated to FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9856 NOTICES 2. To cancel, reinstate, modify and of a participation or guaranty agreement, 2. To cancel, reinstate, modify and I amend authorizations for business, dis or the assertion of a claim for recovery amend authorizations for sections 501 aster, and economic opportunity loans. from a participating bank under any al and 502 loans. 3. To take all necessary actions in con leged violation of a participation or 3. To take all necessary actions in con nection with the servicing, administra guaranty agreement. nection with the servicing, administra tion and collection of partially or fully D. Director, Office of Disaster Loans. tion and collection of partially or fully disbursed loans and other obligations, 1. To determine eligibility of disaster disbursed loans and other obligations but is not authorized: loan applicants. but is not authorized: (a) To sell any primary obligation or 2. To authorize acceptance of disaster (a) To sell any primary obligation or other evidence of indebtedness owed to loan applications after expiration of the other evidence of indebtedness owed to the Agency for a sum less than the total original disaster period. the Agency for a sum less than the total amount due thereon. E. Director, Office of Development amount due thereon. (b) To accept or reject a compromise Company Assistance. 1. To approve or (b) To accept or reject a compromise settlement of an indebtedness owed to decline development company loan ap settlement of an indebtedness owed to the Agency for a sum less than the total plications, including reconsiderations the Agency for a sum less than the total amount due thereon. thereof, and to execute authorizations amount due thereon. (c) To deny liability of the Small and amendments pertaining to such (c) To deny liability of the Small Business Administration under the terms loans. Business Administration under the terms of a participation or guaranty agree 2. To cancel, reinstate, modify and of a participation or guaranty agree ment, or the assertion of a claim for re amend authorizations for section 501 and ment, or the assertion of a claim for re covery from a participating bank under 502 loans. covery from a participating bank under any alleged violation of a participation 3. To take all necessary actions in con any alleged violation of a participation or guaranty agreement. nection with the servicing, administra or guaranty agreement. B. Deputy Director, Office of Business tion and collection of partially or fully H. Director, Office of Liquidation and Loans. 1. To approve or decline business, disbursed loans and other obligations, Disposal. To take all necessary actions disaster, and economic opportunity loan but is not authorized: in connection with the liquidation and applications, including reconsiderations (a) To sell any primary obligation or disposal of partially or fully disbursed thereof, and to execute authorizations other evidence of indebtedness owed to loans, other obligations and acquired and amendments pertaining to such the Agency for a sum less than the total property, but is not authorized: loans. amount due thereon. I. To sell any primary obligation or 2. To cancel, reinstate, modify and other evidence of indebtedness owed to (b) To accept or reject a compromise amend authorizations for business, dis the Agency for a sum less than the settlement of an indebtedness owed to aster, and economic opportunity loans. total amount due thereon. the Agency for a sum less than the total 3. To take all necessary actions in con 2. To accept or reject a compromise amount due thereon. nection with the servicing, administra settlement of an indebtedness owed to tion and collection of partially or fully (c) To deny liability of a Small Busi the Agency for a sum less than the total disbursed loans and other obligations, ness Administration under the terms of amount due thereon. but is not authorized: a participation or guaranty agreement, 3. To deny liability of the Small (a) To sell any primary obligation or or the assertion of a claim for recovery Business Administration under the terms other evidence of indebtedness owed to from a participating bank under any of a participation or guaranty agree the Agency for a sum less than the total alleged violation of a participation or ment, or the assertion of a claim for amount due thereon. guaranty agreement. recovery from a participating bank under (b) To accept or reject a compromise F. Deputy Director, Office of Develop any alleged violation of a participation or settlement of an indebtedness owed to ment Company Assistance. 1. To approve guaranty agreement. the Agency for a sum less than the total or decline development company loan I. Deputy Director, Office of Liquida amount due thereon. applications, including reconsiderations tion and Disposal. To take all necessary (c) To deny liability of the Small Busi thereof, and to execute authorizations actions in connection with the liquida ness Administration under the terms of a and amendments pertaining to such tion and disposal of partially or fully dis participation or guaranty agreement, or loans. bursed loans, other obligations and the assertion of a claim for recovery from 2. To cancel, reinstate, modify and acquired property, but it is not author a participating bank under any alleged amend authorizations for sections 501 ized: violation of a participation or guaranty and 502 loans. 1. To sell any primary obligation or agreement. 3. To take all necessary actions in con other evidence of indebtedness owed to C. Chiefs, Eastern and Western Divi nection with the servicing, administra the Agency for a sum less than the total sions. 1. To approve or decline business, tion, and collection of partially or fully amount due thereon. disaster, and economic opportunity loan disbursed loans and other obligations, 2. To accept or reject a compromise applications, including reconsiderations but is not authorized : settlement of an indebtedness owed to the Agency for a sum less than the total thereof, and to execute authorizations (a) To sell any primary obligation or and amendments pertaining to such other evidence of indebtedness owed to amount due thereon. loans. 3. To deny liability of the Small Busi the Agency for a sum less than the total ness Administration under the terms of 2. To cancel, reinstate, modify and amount due thereon. , a participation or guaranty agreement, amend authorizations for business, dis (b) To accept or reject a compromise aster, and economic opportunity loans. or the assertion of a claim for recovery settlement of an indebtedness owed to 3. To take all necessary actions in con from a participating bank irnder any the Agency for a sum less than the total alleged violation of a participation or nection with the servicing, administra amount due thereon. tion and collection of partially or fully guaranty agreement. (c) To deny liability of the Small disbursed loans and other obligations, but J. Chiefs, Business and Disaster, De Business Administration under the terms velopment Company Assistance, ana is not authorized: of a participation or guaranty agree SBIC Divisions. To take all necessary (a) To sell any primary obligation or ment, or the assertion of a claim for actions in connection with the liqinda- other evidence of indebtedness owed to recovery from a participating bank un tion and disposal of partially or fimy the Agency for a sum less than the total der any alleged violation of a participa disbursed loans, other obligations an amount due thereon. tion or guaranty agreement. acquired property, but is not authorized. (b) To accept or reject a compromise G. Chiefs, Eastern and Western Divi 1. To sell any primary obligation o settlement of an indebtedness owed to sions. 1. To approve or decline develop other evidence of indebtedness owe“ , , the Agency for a sum less than the total ment company loan applications, includ the Agency for a sum less than the tot amount due thereon. ing reconsiderations thereof, and to exe amount due thereon. , (c) To deny liability of the Small cute authorizations and amendments 2. To accept or reject a compromise Business Administration under the terms pertaining to such loans. settlement of an indebtedness owed FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 NOTICES 9857 the Agency for a sum less than the total South, Jr., agent (No. A6029), for and Street, New York, N.Y. 10017. Applicant’s amount due thereon. on behalf of the Southern Railway Co. representative: William H. Marx, 219 3. To deny liability of the Small Rates on lime, in bulk, in covered hopper East 42d Street, New York, N.Y. 10017. Business Administration under the terms cars, in carloads, from Roberta, Ala., to Authority sought to operate as a common of a participation or guaranty agreement, Canton, N.C. carrier, by motor vehicle, over regular or the assertion of a claim for recovery Grounds for relief— Market competi routes, transporting: General commod from a participating bank under any tion. ities, moving in express service, between alleged violation of a participation or Tariff— Supplement 87 to Southern Hagerstown, Md., and Cumberland, Md., guaranty agreement. Freight Association, agent, tariff ICC ffom Hagerstown over Interstate High K. Director, Administrative OperationsS-257. way 70 to junction U.S. Highway 40, Staff. To determine eligibility of business thence over U.S. Highway 40 to Cumber and economic opportunity loan appli By the Commission. land, and return over the same route, cants. [ s e a l ] H. N e i l G a r s o n , serving the intermediate point of Han n. The authority delegated herein may Secretary. cock, Md.; (2) between Cumberland, be redelegated. Md., and Oakland, Md., from Cumber m. All authority delegated herein may [F.R. Doc. 68-8090; Filed, July 8, 1968; 8:48 a.m.] land over U.S. Highway 220 to junction be exercised by any SBA employee desig Maryland Highway 135, thence over nated as Acting in that position. Maryland Highway 135 to Oakland, and IV. All authority previously delegated [Notice 641] return over the same route, serving no by the Assistant Deputy Administrator intermediate points; (3) between Fred for Financial Assistance (Business Loans MOTOR CARRIER TEMPORARY erick, Md., and Harpers Ferry, W. Va., Assistance) to the Director, Office of AUTHORITY APPLICATIONS over U.S. Highway 340, serving the in Loan Administration; Chief, Loan Serv J u l y 2, 1968. termediate point of Brunswick, M d.; and icing Division; Chief, Loan Liquidation (4) between Martinsburg, W. Va., and The following are notices of filing of Division; Director, Office of Loan Proc Chambersburg, Pa., over Interstate High applications for temporary authority un essing; Chiefs, Eastern and Western way 81, serving the intermediate or off- der section 210a(a) of the Interstate Loan Groups; all authority previously route point of Hagerstown, Md., for 150 Commerce Act provided for under the delegated by the Assistant Deputy Ad days. N o t e : Applicant intends to tack the new rules of Ex Parte No. MC-67 (49 ministrator for Financial Assistance authority sought herein with its existing CFR Part 340), published in the F e d e r a l (Economic Development Assistance) to authority under MC 66562 and subs R e g is t e r , issue of April 27, 1965, effective the Director, Office of Disaster Loans; thereunder. The purposes of this repub July 1, 1965. These rules provide that Director, Office of Area Redevelopment; lication is to include tacking informa protests to the granting of an applica Director, Office of Economic Opportunity tion. Supporting shippers: There are ap tion must be filed with the field official Assistance; and all authority previously proximately (9) statements of support named in the F e d e r a l R e g is t e r publica delegated by the Deputy Administrator attached to the application, which may tion, within 15 calendar days after the for Financial Assistance to the Director, be examined here at the Interstate Com date of notice of- the filing of the appli Administrative Operations Staff, Finan merce Commission in Washington, D.C., cation is published in the F e d e r a l R e g cial Assistance is hereby rescinded or copies thereof which may be examined i s t e r . One copy of such protest must be without prejudice to actions taken under at the field office named below. Send pro served on the applicant, or its authorized such delegations of authority prior to tests to: Jack G. Takakjian, District representative, if any, and the protests the date hereof. Supervisor, Interstate Commerce Com must certify that such service has been V. All action taken by the Directors, mission, Bureau of Operations, 26 Fed made. The protests must be specific as Deputy Directors and Chiefs, Office of eral Plaza, N.Y. 10007. to the service which such protestant can Business Loans, Office of Disaster Loans, No. MC 54567 (Sub-No. 7 T A ), filed and will offer, and must consist of a Office of Development Company Assist July 1, 1968. Applicant: RELIANCE signed original and six copies. ance, Office of Liquidation and Disposal, TRUCK COMPANY, a corporation, 2500 and Administrative Operations Staff, A copy of the application is on file, North 24th Avenue, Phoenix, Ariz. 85009. authorized by this redelegation, but and can be examined at the Office of the Applicant’s representative: A. Michael taken prior to the redelegation, are Secretary, Interstate Commerce Com Bernstein, 1327 United Bank Building, hereby ratified. mission, Washington, D.C., and also in 3550 North Central, Phoenix, Ariz. 85012. the field office to which protests are to be Effective date: May 8, 1968. Authority sought to operate as a common transmitted. carrier, by motor vehicle, over irregular o w a r d o g e r s o n H W . R , M o t o r C a r r ie r s o f P r o p e r t y routes, transporting: Commodities which Deputy Associate Administrator because of size or weight require the use for Financial Assistance. No. MC 52574 (Sub-No. 38 T A ), filed of special equipment, between points in June 28, 1968. Applicant: ELIZABETH [F.R. Doc. 68-8083; Filed, July 8, 1968; that part of Arizona bounded on the 8:47 a.m.] FREIGHT FORWARDING CORP., 120 north by the Colorado River, on the South 20th Street, Irvington, N.J. 07111. east by the eastern boundaries of Mohave Applicant’s representative: Edward and Yuma Counties, and on the south Bowes, 744 Broad Street, Newark, N.J. by the United States-Mexico interna INTERSTATE COMMERCE 07102. Authority sought to operate as a tional boundary line; and that part of contract carrier, by motor vehicle, over California bounded on the north by the COMMISSION irregular routes, transporting: Bakery California-Nevada line, on the west by a products, potato chips, and popcorn, north-south line beginning at the said FOURTH s e c t io n application from Linden, N.J., to Baltimore, Md., and State line directly north of Nipton, Calif., FOR RELIEF Washington, D.C., for 150 days. Support and extending south through Nipton and ing shipper: Gourmet Bakers, Inc., 1601 Desert Center to the northern boundary J U LY 3, 191 West Edgar Road, Post Office Box 543, of Imperial County, thence west along catw^ts ho the granting of an ai Linden, N.J. 07036. Send protests to: Dis the northern boundary of Imperial with n iîw L be prepared in accord! trict Supervisor Robert S. H. Vance, Bu County to the Imperial-San Diego, Calif., praoH^6^ 00'40 of the general rule reau of Operations, Interstate Commerce county line, thence south along the Im K n i , ? 9 C/R 1100.40) and : Commission, 970 Broad Street, Newark, perial-San Diego County line to the tion aJ 5 ¿ays from the date of pub! N.J. 07102. - United States-Mexico international Register thlS n° tice the Fed: No. MC 66562 (Sub-No. 2313 TA ) (Cor boundary line, and on the south by said rection), filed May 29, 1968, published international boundary line, including L o n g - a n d -S h o r t H a u l F e d e r a l R e g is t e r issue o f June 8, 1968, points on the indicated portions of the and republished as corrected this issue. highways and county lines specified, for FSA No. 41377— Lime from Roberta, Ala-> to Canton, Applicant: RAILWAY EXPRESS AGEN 180 days. N o t e : Applicant indicates tack N.C. Filed by O. W. CY, INCORPORATED, 219 East 42d ing possibilities with its presently held FEDERAL REGISTER, VOL. 33, NO. 132— TUESDAY, JULY 9, 1968 9858 NOTICES authority in MC 54567 Sub-4. Supporting and republished as corrected this issue. [Notice 170] shippers: Broadway Equipments, Inc., Applicant: PAUL H. ENGELKE, doing MOTOR CARRIER TRANSFER Post Office Box 687, Blythe, Calif. 92225; business as ENGELKE FEED SERVICE, PROCEEDINGS M. A. Dunlap Construction Co., 915 East Post Office Box 135, Chadwick, HI. 61014. Bethany Home Road, Phoenix, Ariz. Applicant’s representative: Karl Yost, Ju l y 3,1968. 85014; Morris Land Leveling, 1800 West 207 East Lincolnway, Morrison, 111. 61270. Synopses of orders entered pursuant to Seventh Street, Yuma, Ariz. 85364, Norm Authority sought to operate as a con section 212(b) of the Interstate Com- Bingham Equipment Co., 2450 North 32d tract carrier, by motor vehicle, over ir merce Act, and rules and regulations Street, Yuma, Ariz. 85364; Zeidler M a regular routes, transporting: Animal and prescribed thereunder (49 CFR Part chinery Co., Hobson Road, Blythe, Calif. poultry feeds made of mineral mixtures, 1132), appear below: 92225. Send protests to: Andrew V. Bay isecticides, fungicides, herbicides, ro- As provided in the Commission, lor, District Supervisor, Interstate Com denticides, insect repellent, vermin ex special rules of practice any interested merce Commission, Bureau of Opera terminators, and related dispensing person may file a petition seeking recon tions, 3427 Federal Building, Phoenix, equipment and advertising materials, sideration of the following numbered Ariz. 85025. and premiums, from Chadwick, 111., to proceedings within 20 days from the date No. MC 108449 (Sub-No. 288 T A ), filed points in Wisconsin, for 180 days. N o t e : of publication of this notice. Pursuant to June 28, 1968. Applicant: 3NDIANHEAD The purpose of this republication is to section 17(8) of the Interstate Commerce TRUCK LINE, INC., 1947 West County correct commodity description published Act, the filing of such a petition will post- Road C, St. Paul, Minn. 55113. Appli in error of previous-publication. Support pone the effective date of the order in cant’s representative: W. A. Myllenbeck ing shipper: Standard Chemical Manu that proceeding pending its disposition, (same address as above). Authority facturing Co., Box 3844, Main Office Sta The matters relied upon by petitioners sought to operate as a common carrier, tion, Omaha, Nebr. 68103. Send protests must be specified in their petitions wit! by motor vehicle, over irregular routes, to: Andrew J. Montgomery, District Su particularity. transporting: Lime, in bulk, from Du pervisor, Interstate Commerce Commis Finance Docket No. 24978. By order ol luth, Minn., and Superior, Wis., to Spirit sion, Bureau of Operations, U.S. Court June 27, 1968, the Transfer Board ap Lake, Iowa, for 180 days. Supporting house and Federal Office Building, Room proved the transfer to Import Freight shipper: Cutler-Magner Co., 1116 Fi 1086, 219 South Dearborn Street, Chi Carriers, Inc., Chicago, 111., secont delity Building, Duluth, Minn. 55802. cago, 111. 60604. amended permit and order No. FF-6' Send protests to: District Supervisor No. MC 129506 (Sub-No. 3 T A ), filed (corrected), issued July 9, 1962, to Gal A. E. Rathert, Interstate Commerce Com June 27, 1968. A p p lic a n t: GENE lagher & Ascher Co., Chicago, HI., au mission, Bureau of Operations, 448 Fed BAILEY, doing business as AMERICAN thorizing freight forwarder operation eral Building and U.S. Courthouse, 110 BROKERAGE COMPANY, 20 Peters of commodities generally, to points in South Sourth Street, Minneapolis, Minn. Street, Bristol, Va. 24201. Applicant’s the Chicago, 111., commercial zone, iron 55401. representaitve: Eston H. Alt, Post Office all ports or points of import in the Unitec States when moving from points outside No. MC 110525 (Sub-No. 868 T A ), filed Box 81, Winchester, Va. 22601. Author the continental limits of the Unitec June 28, 1968. Applicant: CHEMICAL ity sought to operate as a contract car States and Canada. Paul J. Maguire, 11 LEAMAN TANK LINES, INC., 520 East rier, by motor vehicle, over irregular West Washington Street, Chicago, 111 Lancaster Avenue, Downingtown, Pa. routes, transporting: Steel containers, 60602, attorney for applicants. 19335. Applicant’s representative: Edwin from Washington and Alpha, N.J., to the H. van Deusen (same address as above). No. MC-FC-70482. By order of June 28 Army Ammunition Plant near Parsons, Authority sought to operate as a com 1968, the Transfer Board, on reconsider mon carrier, by motor vehicle, over ir Kans., for 150 days. Supporting shipper: ation, approved the transfer to The regular routes, transporting: Sodium tri M. C. Ricciardi Co., Post Office Box 1032, Sentinel Star Express Co., a corporation, Orlando, Fla., of the operating rights in polyphosphate, in bulk, from Femald, Alpha, N.J. 08865. Send protests to: Ohio, to Jeffersonville, Ind., for 180 days. certificate No. MC-127110 issued May" George S. Hales, District Supervisor, 1966, to Krogel Air Freight Service, Inc, Supporting shipper: Mobil Chemical Co., Bureau of Operations, Interstate Com Orlando, Fla., authorizing the transpor Division of Mobil Oil Corp., 401 East merce Commission, 215 Campbell Avenue nation of general commodities, wit! Main Street, Richmond, Va. 23219. Send exceptions, between Herndon Airport and protests to: Peter R. Guman, District SW., Roanoke, Va. 24011. McCoy Air Force Base, Orlando, Ma,, Supervisor, Interstate Commerce Com No. MC 129993 (Sub-No. 1 T A ), filed on the one hand, and, on the other mission, Bureau of Operations, 900 U.S. June 27, 1968. Applicant: LIMESTONE Daytona Beach and Melbourne, rla Customhouse, Second and Chestnut TRANSIT, INC., Post Office Box 80, Fair- James E. Wharton, 506 First National Streets, Philadelphia, Pa. 19106. bury, 111. 61739. Applicant’s representa Bank Building, Post Office Box Mi No. MC 129386 (Sub-No. 3 T A ), filed tive: Robert H. Levy, 29 South La Salle Orlando, Fla. 32802, attorney Mfl June 28,1968. Applicant: REESE, REESE Street, Chicago, 111. 60603. Authority applicants. & SHERMAN, INC., 233 Orchard Lane, No. MC-FC-70601. By order of June 28 Billings, Mont. 59101. Applicant’s rep sought to operate as a common carrier, 1968, the Transfer Board approved tnc resentative: R. F. Hibbs, Post Office Box by motor vehicle, over irregular routes, transfer to Essex Van & Storage in 1321, Billings, Mont. 59103. Authority transporting: Feed grade urea, in bulk, Baltimore, Md., of that portion of sought to operate as a common carrier, in tank vehicles, from the plantsite of operating rights set forth in certujc ^ by motor vehicle, over irregular routes, Meiners Farm Service at Colfax, 111., to No. MC-128838 issued August 16, lw <■ transporting: Meats, fresh, salted, points in Indiana, Wisconsin, Iowa, and Armond B. Dillon, doing business cooked, cured, or preserved, from Bil Missouri, for 150 days. Supporting ship Dillon Moving & Storage Co., Aurora lings, Mont., to points in Oregon other 111., authorizing the transportation « per: American Cyanamid Co., Agricul than the counties of Malheur, Baker, household goods, between Glassport, _ Wallowa, Umatilla, Morrow, Gilliam, tural Division, Post Office Box 400, and points within 10 miles thereof, o Sherman, Wasco, Hood River, Multno Princeton, N.J. 08540. Send protests to: one hand, and, on the other, .poi mah, Columbia, and Clatsop, for 180 days. William E. Gallagher, District Super New York and Ohio, and household g Supporting shipper: Midland Empire visor Interstate Commerce Commission, as defined by the Commission, betwee Packing Co., Inc., Post Office Box 1375, Bureau of Operations, Room 1086, 219 Greensburg, Pa., on the one hand, j Billings, Mont. 59103. Send protests to: on the other, points in O hio and South Dearborn Street, Chicago, 111. Paul J. Labane, District Supervisor, In Virginia. Joseph S. Nagengast, 150 terstate Commerce Commission, Bureau 60604. ern Avenue, Baltimore, Md. 2i 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 July. 3 CFR Page 14 CFR Page 26 CFR—Continued Page Proclamation : 39______9598, 9706, 9810 P r o p o s e d R u l e s : 71_— — _------9599, 9706, 9810 Aug. 3,1901 (see PLO 4461) ___ 9616 1------9781, 9830 Executive O rders: 75------9707, 9810 May 4,1907 (see PLO 4470) ___ 9709 97------9760, 9811 28 CFR May 27, 1913 (revoked in part 137------____.------9600 241------9651 0------__------9817 by PLO 4468) __^______9708 47------____------9819 March 21, 1914 (revoked in 298______9764 part by PLO 4468)______9708 P r o p o s e d R u l e s : 29 CFR 1664 (revoked by PLO 4466)__9618 39------9712 10 1 __------______9819 3797-A (see PLO 4470)______9709 71______9620, 9621, 9713, 9826, 9827 102------:____ 9819 8579 (see PLO 4474)______9822 73------9827 1600------______9610 75------9622 5 CFR 389______9828 31 CFR 213______9581, 9645 550______9703 15 CFR 211------9611, 9708 o______9765 32 CFR 7 CFR 370 ______9602 371 ______!______888______... ______9778 52 ______9582 ____ 9603 53 ______372 ______1______9602 - ____ _ 9584 373 ______33 CFR 301___ _ _ 9749, 9751,9755 9604, 9652 385______719______.______9755 ____ 9604 110------9778 728______9584 P r o p o s e d R u l e s : 207------9611 842______9586 7______\____ 9663 905______. 39 CFR 908_____ 16 CFR 822------9657 910______13______9813, 9814 944____ 15______9605, 9606, 9815, 9816 41 CFR 946.__ 947_____ 19 CFR 5-30. ------9820 948__ 9-1------9820 1015____ 4______9707 9-4------9820 1036____ 12______9766 9-5------9821 1044._. 9-7_------9820 1050____ 20 CFR 9-9------9820, 9821 1062__ 404______9766 9-12------9776 1063__ 405______9767, 9768 9-15______9776 422______9600 1 0 1 - 1 1 ------9777 1070______9647 101-19______,______9777 21 CFR 42 CFR 2______------9608 f 1205------oÇJI 3______------9609 52------9821 120______9609, 9610, 9707, 9774 9 121______------9610, 9775 43 CFR Proposed R u l e s : P r o p o s e d R u l e s : P u b l i c L a n d O r d e r s : 26___ 3______02------_ Q711 9783 1358 (revoked in part by PLO 72* Jill 15 ____ 9783 4467)______9708 16 ____ 9783 1624 (see PLO 4470)______9709 1033------g^ o 17 ____ 1090------— 2 2 9783 2323 (amended by PLO 4470) _ 9709 18 ____ 9783 2557 (amended by PLO 4470) _ 9709 ^ ...... :::::::::::: S 45______9783 3594 (see PLO 4470)______9709 120______10 CFR 9619 3871 (revoked in part by PLO 121______9783 4473)______9822 50___ 70"~------9704 125______9783 4395 (corrected by PLO 4475) _ 9822 130______------9809 9711 4457 ______9614 166______9833 4458 ______9614 12 CFR 4459 ______9614 l - 24 CFR 4460 ______9615 8 9596 200______9775 4461______9616 9598 203______9816 4462 ______9616 234______9816 4463 ______9616 Proposed R u l e s : 4464 ______561 9617 ...... — 9675 25 CFR 4465 ______9617 4466 ______32------9708 9618 13 CFR 4467 ______9708 ioi_. 26 CFR 4468 ______9708 121__I“ 9649 4469 ______9709 9651 1------9653, 9816 4470 ______9709 9860 FEDERAL REGISTER 43 CFR—Continued Page P u b l i c L a n d O r d er s— Continued 4471___ — .1__„ _I______— __ 9709 4473 ______- _____ 9822 4474 ______9822 4475 ______9822 4476 ______9822 4477 ______— _____ 9823 4478 ______— 9823 46 CFR 401— ______— ______9823 47 CFR _ 1 ______9657 2 9659 21______— 9657 87— ______— — 9659, 9779 P r o p o s e d R u l e s : 2 ______9665 73______9713, 9829 81___ 9665 83______9665 49 CFR 1033____ 9780 1048____ 9661 50 CFR 32______9709