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FEDERALPages 5293-5331

REGISTERVOLUME 29 19344 OrjiTEO ^

Washington, Saturday, April 18, 1964

NUMBER 77

ContentsAGRICULTURAL MARKETING

SERVICERules and Regulations Fruit grown in Arizona and Cali­

fornia; handling limitations:Lemons____________________ 5305Oranges, Valencia__________ 5304

AGRICULTURAL RESEARCH SERVICE

Rules and RegulationsScabies in sheep; interstate move­

ment _____________________ 5313

AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE

Rules and RegulationsMarketing quotas and acreage

allotments:Cotton, upland; 1964 and suc­

ceeding crop years; transfer of acreage affected by naturaldisaster______________ ___ 5303

Farm; definition, ________ _ 5303

AGRICULTURE DEPARTMENTSee also Agricultural Marketing

Service; Agricultural Research Service; Agricultural Stabiliza­tion and Conservation Service; Commodity Credit Corporation.

NoticesDesignation of areas for emer-

gencyloans:Kansas_________ 5324South Carolina_____________ 5324

army d epa r tm en tRules and RegulationsAnny Reserve; appointments___ 5295

CIVIL AERONAUTICS BOARDRules and Regulations Practice in economic proceedings; prehearing subpena power of

hearing examiners__________ 5318

Proposed Rule MakingAir taxi operators; classification

and exemption___________ 5321Notices Hearings, etc.:

Braniff Airways, Inc., et al___ 5324Thrift class fare investigation_ 5325

CIVIL SERVICE COMMISSIONRules and Regulations Excepted service; Housing and

Home Finance Agency________ 5303NoticesChief economist et al.; manpower

shortages___________________ 5327

COMMODITY CREDIT CORPORATION

Rules and Regulations Cotton equalization program,

1963-64; payment in kind____ 5305Honey; price support_________ 5307

COMPTROLLER OF THE CURRENCY

Rules and Regulations Investment securities; bonds:

Delaware River and Bay Au­thority __________ 5315

New York State Housing Fi­nance Agency; anticipationnotes____________ 5314

Pennsylvania State Public School Building Authority__ 5314

DEFENSE DEPARTMENTSee Army Department.

EMERGENCY PLANNING OFFICENoticesAppointees’ statements of business

interests:Bleicken, Gerhard D__________ 5327Dargusch, Carlton S__________ 5327

FEDERAL AVIATION AGENCYRules and Regulations Airworthiness directives:

Boeing Models 707/720 Seriesaircraft________ _________ 5318

Schleicher Models Ka-6 and K-8gliders___________________ 5319

Control zone and transition area;alteration____ ______________ 5317

Control zones, control areas exten­sion, transition areas and Fed­eral airways; alterations, desig­nations, and revocations______ 5316

Federal airway segments; revoca­tions (2 documents),____ 5317,5318

Federal airway segments, revoca­tion; and alteration of transi­tion area___________ 5317

Proposed Rule Making Control zone and transition area;

alteration__________________ 5321Jet routes; alterations (4 docu­

ments) _________________ 5322, 5323Transition area; alteration of pro­

posed designation_________ 5321

FEDERAL COMMUNICATIONS COMMISSION

Notices Hearings, etc.:

Charles County Broadcasting Co., Inc., and Dorlen Broad­casters, Inc_______________ 5325

Cleveland Telecasting Corp. andSuperior Broadcasting Corp_ 5326

Miller, Verne M_____________ 5326

FEDERAL POWER COMMISSIONNoticesArizona Public Service Co.; appli­

cations (2 documents)________ 5327

FEDERAL RESERVE SYSTEM Rules and Regulations Relations with dealers in securi­

ties; securities affiliate of bro­kerage firm_______________- 5315

(Continued on next page)5293

5294 CONTENTS

FEDERAL TRADE COMMISSIONRules and RegulationsProhibited trade practices:

Carson Pirie Scott & Co__ ____ 5319Clarise International Co., Inc.

et al____________________ 5320Kahn Bros, and Pinto, Inc.,

et al____ ____ ______ _____ 5320

FOOD AND DRUG ADMINISTRATION

NoticesPood additives; filing of petitions:

Drew Chemical Corp________ 5324Union Carbide Corp____ ______ 5324

HEALTH, EDUCATION, AND WELFARE DEPARTMENT

See Pood and Drug Administra­tion.

INTERSTATE COMMERCE COMMISSION

NoticesMotor carrier transfer proceed­

ings (2 documents)_________ 5329

SECURITIES AND EXCHANGE COMMISSION

NoticesHearings, etc.:

Ess-Kay Enterprises, Inc_____ 5328Kostin Corp------------------------ 5328St. Croix Paper Co____________ 5328

TREASURY DEPARTMENTSee Comptroller of the Currency.

Codification GuideThe following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by

documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month.

A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1964, and specifies how they are affected.

5 CFR213__________ _______________ 5303

7 CFR719__________________________ 5303722__________________________ 5303908__________________________ 5304910______________ ____________ 53051427______________________ 53051434_______________________ 5307

9 CFR74 ___________ _____ ____ 5313

12 CFR1 (3 documents)__ :_______ 5314,5315218____ 5315

14 CFR71 [New] (5 documents)___ 5316-5318302__________ _______________ 5318507 (2 documents)_________ 5318,5319P roposes R ules :71 [New] (3 documents)___ 5321,532275 [New] (4 documents)___ 5322,5323298__________________________ 5321

16 CFR13 (3 documents)_________ 5319, 5320

32 CFR561__________________________ 5295

Announcing a New Statutory Citations Guide

HOW TO FIND U.S. STATUTES

andU.S. CODE CITATIONS

This pamphlet contains typical legal refer­ence situations which require further citing. Official published volumes in which the citations may be found are shown along­side each reference— with suggestions as to the logical sequence to follow in using them to make the search. Additional finding aids, some especially useful in citing current material, also have been included. Examples are furnished at per­tinent points and a list of reference titles, with descriptions, is carried at the end.

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TelephoneFEDERAUKREGISTER

WOrth 3-3261

Rules and Regulations

Title 32— NATIONAL DEFENSEChapter V— Department of the Army

SUBCHAPTER E— ORGANIZED RESERVESPART 561— ARMY' RESERVE

AppointmentsSections 561.1 through 561.21 are re­

voked and the following §§ 561.1 through 561.17 substituted therefor:Sec.561.1 General.561.2 Appointment limitations.561.3 Eligibility criteria.561.4 Inéligibles.561.5 Waiver.561.6 Grade on appointment.561.7 Service obligations.561.8 Applications and aUied papers.561.9 Submission and processing of appli­

cation.561.10 Appointment of officers and former

officers. '561.11 Appointment for assignment as

chaplains.561.12 Appointment for assignment in the

Judge Advocate General’s Corps.561.13 Appointment for assignment in the

Women’s Army Corps.561.14 Appointment of professional and

technical personnel.561.15 Appointment for assignment in the

Stali Specialist Branch.561.16 Appointment in the Army National

Guard of the United States.561.17 Appointment as reserve warrant

officers of the Army.Authority: The provisions of §§ 561.1 to

561.17 issued under sec. 280, 70A Stat. 14; 10 Ü.S.C. 280.

Source: AR 135-100, February 5, 1964.§ 561.1 General.

Sections 561.1-561.17 establish respon­sibility and provides procedures for the appointment of male and female com­missioned and warrant officers in the Reserve components of the Army except:

(a) For appointment in Reserve gen­eral officer grades see AR 135-156.

(b) Army Medical Service commis­sioned officers will be appointed under the provisions of AR 140-101, AR 601- 139, and applicable paragraphs of this part referenced therein.

(c) Graduates of senior division ROTC units will be appointed under the pro­visions of AR 145-100.

(d) Graduates of officer candidate schools will be appointed under the pro­visions of AR 350-50.§ 561.2 Appointment limitations.

Appointment of qualified applicants as officers for service in the Army Reserve.are limited to:

(a) Commissioned officers to fill :(1) Mobilization designee table of

distribution vacancies.(2) Ready Reserve troop program unit

vacancies.(3) Quotas normally in the grade of

captain and below announced by the Department of the Army for Ready Re­serve Reinforcements with assignment to a Control Group Reinforcement. Ap­

pointments will be tendered only to ex­ceptionally well qualified individuals who cannot otherwise obtain a commis­sion because of lack of position vacancy in USAR units or inability to join a unit due to geographical location.

(4) Active duty requirements when qualified Reserve officers are not avail­able.

(b) Warrant officers to fill:(1) Ready Reserve troop program unit

vacancies.(2) Active duty requirements under

specific allocations announced by Head­quarters, Department of the Army, when qualified Reserve warrant officers are not available.

(3) Department of the Army an­nounced quotas for Ready Reserve Rein­forcements under specific allocations by career warrants for assignment to a Control Group Reinforcement.

(c) The restrictions in paragraphs (a) and (b) of this section do not apply to warrant officers and enlisted personnel in the active Army, Reserve officers in a grade above colonel who cease to occupy a position commensurate with their grade, Regular Army officers applying for appointment in the Army Reserve concurrent with their unqualified resig­nation, and Coast and Geodetic Survey officers eligible for appointment as an exception to the provisions of § 561.4(e).§ 561.3 Eligibility criteria.

(a) General. Individuals possessing the qualifications in paragraphs (b) through (i) of this section may apply for appointment as USAR commissioned or warrant officers.

(b) Age. Minimum and maximum age limitations are shown below. The appli­cant must not have reached the birthday of the maximum age indicated prior to appointment in the grade indicated.

Mini- Maxi­mum- mum

Grade age age1Second lieutenant, except divin-

! ity students and WAC_------ 18 28Second lieutenants — divinity

students----------- 18 30Second lieutenants—WAC-------- 20 28First lieutenant, except WAC— 21 83First lieutenant, WAC------ — 21 32Captain _________________ 39Major --------- ------------!----------------- 48Lieutenant colonel---------- 51Colonel _________________________ 55Warrant officer, male------------- 18 46Warrant officer, female_______ 20 46

1 Maximum age limitations may be in­creased for former officers and warrant offi­cers by an amount not more than the length of previous service in grade in which appointment is authorized. (Previous serv­ice includes active duty or active Reserve service in any component of the Armed Forces.) An increase in age is not author­ized if an applicant will have less than 2 years to serve before being removed from an active status under provisions of AR 140- 10, or if applying for appointment and con­current active duty, before being removed from active duty with the active Army Under the provisions of AR 135-173.

(c) Citizenship. (1) Except for those medical, dental, and allied category spe­cialists liable for induction under the provisions of the Universal Military Training and Service Act, as amended, and as indicated in subparagraph (2) of this paragraph, an applicant must be a United States citizen or have lawfully entered the United States for permanent residence under applicable provisions of the Immigration and Nationality Act as amended, unless he is currently serving, or has served previously in the Armed Forces of the United States.

(2) Applicants for Army Intelligence and Security and Civil Affairs Branches must be citizens of the United States.

(3) Under no circumstances will ap­pointment be made from the following categories:

(i) Applicants who have been con­victed of wartime desertion or evasion of military service, as specified in the Im­migration and Nationality Act.

(ii) Any individual if barred from citizenship because of having applied for and having been relieved or dis­charged from service in the Armed Forces by reason of alienage.

(d) Mental. Male applicants must achieve a percentile score of 74 or higher on the Armed Forces Qualification Test. Applicants for the Women’s Army Corps must achieve a raw score of 54 or higher in the Armed Forces Women’s Selection Test, AFWST-5, or a raw score of 58 or higher on AFWST-6. The AFWST is administered at or under the direction of AFES. Exception to these mental requirements may be made for:

(1) Female applicants having a pre­viously recorded raw score of 58 or higher on AFWST-3 or -4, a percentile score of 74 or higher on AFWST-1 or -2 or a raw score of 100 or higher on the WAC Offi­cer Candidate Test (WAC OCT). In the event none of these forms has been ad­ministered, the AFQT may be adminis­tered and scored according to the GT aptitude area.

(2) Applicants for appointment in the Army Medical Service.

(3) Those who have satisfactorily completed 120 semester or equivalent quarter hours at a college or university accredited by appropriate national or regional accrediting associations as listed in the educational directones pub­lished by U.S. Office of Education.

(4) Former commissioned and war­rant officers.

(e) Education. Each USAR appli­cant must: (1) Have demonstrated understanding and proficiency in the English language. Applicants whose mother tongue is other than English will be carefully examined by the board to insure that their command of the Eng­lish language is sufficient to enable them to perform as officers.

(2) For appointment as a commis­sioned officer, be a graduate of a high school or school of comparable level, or pass tiie General Education Develop-

5295

5296 RULES AND REGULATIONS

ment Test (high school level or higher) and meet any additional requirements for specific branches.

(3) For appointment as a warrant oflicer, have sufficient education and practical experience to insure satis­factory performance of duties of the classification for which application is made.

(f) Character. Each applicant must be of good moral character.

(g) Leadership. Applicants must pos­sess qualifications as potential leaders and have the ability to deal effectively with people. Such qualifications may be evaluated in terms of the applicant’s background and experience.

(h) Security check and cryptographic clearance. A minimum of a favorable National Agency Check is required. A cryptographic clearance is required for each applicant for assignment to Army Security Specialties. Applicants for ap­pointment with assignment to Army In ­telligence and Security Branch will be informed that background investigation and final clearance may take up to 12 months. A background investigation is required for all alien personnel prior to their appointment as officers in the USAR. Waivers of this requirement will not be granted.

(i) Examining boards. A p p lican ts must appear before an examining board except those individuals applying under § 561.4(c) (4) (ii) and (5) and (e) (2) and as otherwise provided for in this part or in regulations governing specific ap­pointments.§ 561.4 Ineligible».

The following persons are not eligible for appointment in USAR unless waiver is authorized under the provisions of § 561.5:

(a) Conscientious objectors, except those classified by Selective Service as l_A-0 who volunteer for noncombat service with concurrent active duty in the Chaplains Branch or any of the Corps of the Army Medical Service (ex­cept Veterinary Corps). See § 561.8(k) for statement required for such appli­cants.

(b) Persons who have been adjudged a youthful offender or have a record of convictions by any'type of military or civil court, excluding minor violations involving a fine or forfeiture of $50 or less and excluding action taken under Article of War 104 or Article 15, Uniform Code of Military Justice.

(c) Persons dropped from the rolls or released from active duty, or separated from any component of the Armed Forces of the United States for any of the following reasons:

(1) Under other than honorable con­ditions. If, upon appeal, an individual’s discharge was changed to separation “under honorable conditions,” he is not eligible for appointment solely because of sueh change. The action characteriz­ing the service as honorable is determi­native only of the type of discharge. Appointment will be tendered or refused, based upon the facts and merit of the individual case. Appointment will not be effected in any case until approval

has been received from Headquarters, Department of the Army.

(2) For unsatisfactory service.(3) Resignation for the good of the

service in lieu of court-martial, elimina­tion, or any form of disciplinary or cor­rective action.

(4) Former commissioned officers hav­ing been passed over twice for promotion or otherwise released from active duty because of failure to be promoted to a higher commissioned grade except:

(i) Individuals in this category are eligible to apply for appointment as war­rant officer USAR if otherwise qualified.

(ii) A Regular Army officer with 10 or more years of active commissioned serv­ice and less than 20 years of active Fed­eral service who is discharged because of failure, after second consideration, to be selected for promotion or who volun­tarily resigns prior to discharge therefor, may apply to Chief of Personnel Opera­tions, ATTN: RCAP-AA, Department of the Army, Washington, D.C., 20315, for a Reserve commission. If it is determined that the applicant can be utilized in a Reserve status during mobilization, he may be appointed in an active Reserve status without regard to the limitations in § 561.2 or if he desires, he may request concurrent transfer to the Retired Reserve.

(5) USAR warrant officers having been twice passed over for AUS or USAR promotion to a higher warrant' officer grade are ineligible for appointment as commissioned officers or warrant offi­cers in the USAR. A Regular Army warrant officer with less than 20 years of active Federal service who is discharged because of failure, after second consid­eration, to be selected for promotion or who voluntarily resigns prior to dis­charge therefor, may apply to Chief of Personnel Operations, Attn: RCAP- AA, Department of the Army, Wash­ington, D.C., 20315, for a Reserve war­rant. If it is determined that the appli­cant can be utilized in a Reserve status during mobilization, he may be appointed in an active Reserve status without re­gard to the limitations in § 561.2 or if he desires, he may request concurrent transfer to the Retired Reserve.

(6) Having been separated from any component of the Armed Forces-fus a se­curity risk. Applications for appoint­ment filed by individuals who were under security investigation a t time of their separation will be forwarded to the Chief of Personnel Operations, ATTN: RCAP- AA, Department of the Army, Washing­ton, D.C., 20315.

(7) For failure to maintain eligibility for retention in an active Reserve status. After a lapse of 1 year an individual may be considered for appointment if the ob­stacles to active Reserve participation have been removed. An individual in this category must:

(i) Prove conclusively a valid reason for nonparticipation existed but is no longer a bar.

(ii) Agree to participate actively if appointed.

(d) Commissioned officers, warrant officers, and enlisted personnel on the retired list of any of the Armed Forces

except retired warrant officers and re­tired enlisted personnel of the Regular Army who were former commissioned officers.

(e) Commissioned officers of the Reg­ular components of the Armed Forces, Public Health Service, and U.S. Coast and Geodetic Survey, except:

(1) Officers of the Regular Army as indicated in paragraph (c) (4) (ii) of this section and

(2) Officers of the Coast and Geodetic Survey commissioned from the Army ROTC program who are about to be separated from the Coast and Geodetic Survey prior to completion of at least 6 years’ active duty. Such officers will be appointed upon discharge from the Coast and Geodetic Survey, if otherwise qualified.

(f) Cadets, United States Military Academy, United States Air Force Acad­emy, United States Coast Guard Acad­emy, and midshipmen, United States Naval Academy.

(g) Female personnel having any legal or other responsibility for the custody, control, care, maintenance, or support of any child or children, including step­children or foster children, under 18 years of age.

(h) Applicants whose appointment would cause them to hold simultaneously more than one Reserve status. This does not preclude appointment when separation from the current Reserve status can be accomplished. For exam­ple, a reservist on active duty cannot be separated from his current status as long as he is to remain on active duty in that status. His appointment to an­other Reserve status will not be made unless he is to be placed on active duty under the new Reserve status.

(i) Individuals denied retired pay or annuities under 4he so-called “Hiss Act.” (Act of 1 September 1954 (68 Stat. 1142), as amended (U.S.C. 2281 et seq.)). i

(j ) Individuals who are, or have been, members of any foreign or domestic or­ganization, association, movement, group, or combination of persons advo­cating a subversive policy or seeking to alter the form of government by un­constitutional means, whose case has not been adjudicated favorably by the Department of the Army.

(k) Citizens of the United States re­siding in a foreign country, except those:

(l) Residing in a country where the United States has troops stationed, or . (2) Residing^ in a country where the United States has a military mission, advisory or similar group, or

(3) Employed by the United StatesGovernment and on duty with an Em­bassy, Legation, or Consular office of the United States. . .

(4) Residing in an area occupied oy the Armed Forces of the United States.

dte: Request to obtain the official con- of the country in which they reside

p t appointment as a USAR comm - ed or warrant officer from individua s subparagraph (1), (2)? or (3) °*. ]0. ,graph will be submitted through d p ic channels..) Except as indicated in AR 140-10li

Saturday, April 18, 1964

sification of l-A,„or when their classifi­cation could be changed to 1-A with loss of deferment status, except when ap­plying for appointment with concurrent active duty.

(m) Enlisted members of the Reserve Components of the Armed Forces of the United States who have not completed 6 months’ active duty or an initial tour of active duty for training in any com­ponent of the Armed Forces except:

(1) When applying for appointment with concurrent active duty.

(2) When the applicant initially en­listed prior to 9 August 1955 and his service has been continuous. Such ap­plicant may also be appointed to fill a position vacancy in a Ready Reserve Troop Program unit.

(n) Applicants for appointment as commissioned officer unable to complete 20 years creditable service for retirement or retired pay prior to mandatory re­moval from an active status as pre­scribed in AR 140-10 or those applying for concurrent active duty who are un­able to qualify for retirement under title 10, United States Code, section 3911, prior to attaining 28 years’ service (25 years of service for members of the Women’s Army Corps below the grade of lieutenant colonel) as computed under the provisions of title 10, United States Code, section 3853. Applicants for war­rant officer appointment who are un­able to complete 20 years of satisfactory active Federal service prior to age 62 (male) or 55 (female).

(o) Individuals transferred to the Standby Reserve or discharged from the Army as a result of approved exemption from involuntary order to active duty as a member of the Ready Reserve as prescribed by AR 601-25.

(p) Those who are in the military service of a foreign government, or those employed by a foreign government.§ 561.5 Waiver.

Each request for waiver will be sub­mitted with "the application and must contain complete justification, including recommendations of intermediate com­manders when applicable. Requests for waiver will be processed as follows:

(a) Chief of Personnel Operations. The following requests for waiver will be forwarded to the Chief of, Personnel Op­erations, Attn: RCAP-AA, Department of the Army, Washington, D.C., 20315.

(1) Exceptions to prescribed maxi­mum age limitations, education, experi­ence, and military training will be con­sidered when individuals possess unusual skills or technical qualifications fulfilling a specific need. Waiver of minimum age will not be authorized.

(2) Waiver for appointment in the grade of lieutenant colonel and colonel of applicants without prior commissioned service.

(3) Requests for waiver of conviction m the following offenses will be sub­mitted with the application and evalu­ated with the National Agency Check:

Felony under local, Federal, or military law.

(ii) One which resulted in sentence confinement in prison, stockade, or

l a b ”011 area’ or k* sentence to hard

FEDERAL REGISTER(iii) One involving moral turpitude.(4) Applications from individuals em­

ployed by a foreign government for final determination by the Secretary of the Army.

(5) Waiver of requirements set forth in § 561.12(b) (1) and (3) for appoint­ment in the Judge Advocate General’s Corps.

(6) Waiver of the provisions of § 561.4(c) <(4) will be considered for those in­dividuals who were discharged as a result of twice failing of selection for USAR promotion based on promotion service accrual while regularly enrolled as stu­dents in approved medical or dental schools or while undergoing civilian in­ternship or residency training.

(7) Exceptions to the provisions of § 561.4(o) be made when appointment is for concurrent active duty. Those members of the Standby Reserve re­questing waiver under this paragraph must also meet the requirements of § 561.4(h).

(8) Waiver of the provisions of § 561.4 (n) will be considered at Headquarters, Department of the Army on an indi­vidual basis when an applicant applying for appointment without concurrent ac­tive duty possesses outstanding quali­fications.

(9) ' Requests for waiver of any dis­qualification not specifically listed in this section will be acted upon by Head­quarters, Department of the Army.

(b) Chief of Chaplains. The follow­ing requests for waiver will be forwarded direct to the Chief of Chaplains, Depart­ment of the Army, Washington, D.C., 20315.

(1) Exceptions to maximum age limi­tation up to 40th birthday for initial ap­pointment with concurrent active duty in the grade of first lieutenant, Chap­lains Branch.

(2) Appearance before an examining board for initial appointment in grade of captain and below when the services of the individual are desired for immediate active duty.

(c) Area commanders. Area com­manders may grant a waiver for offenses under military or civil codes, except as specified in paragraph (a) (3) of this section, if the applicant’s conduct and character at this time are above reproach and the potential value of the applicant’s services as a Reserve officer of the Army is considered to be very high.§ 561.6 Grade on appointment.

If otherwise qualified, applicants will be appointed in grades indicated.

(a) Commissioned officers. (1) Male warrant officers and enlisted personnel will not be appointed above the grade of second lieutenant.

(2) Officers and former officers.(i) Former Army officers in the highest

grade satisfactorily held or in the last grade held if reduced from a higher grade.

(ii) Reserve officers or former com­missioned officers of the other Armed Forces of the United States, United States Public Health Service, including temporary officers thereof, and officers of the Coast and Geodetic Survey, when applicable, in the Army grade compara-

5297

ble to the last grade satisfactorily held by them.

(iii) Former second lieutenants who upon appointment would be eligible for promotion to first lieutenant will be ap­pointed in the grade of first lieutenant.

(3) Appointment to fill troop program unit vacancies will be in grades author­ized in subparagraphs (1) and (2) of this paragraph, providing appropriate vacancies are available.

(4) For grades on appointment with assignment to the Women’s Army Corps, the Judge Advocate General’s Corps, Civil Affairs, as Professional and Tech­nical Specialists, or Chaplains, see ap­propriate sections of this part.

(5) Male officers may be appointed in grades up to and including colonel.

(b) Warrant officers. Appointments will be as warrant officer, W—1, except:

(1) Chief warrant officers and former chief warrant officers will be appointed in the highest warrant officer grade satis­factorily held.

(2) Commissioned and former com­missioned officers who have served a minimum of 2 years active service in a commissioned status will be appointed in the grade of chief warrant officer, W-2.§ 561.7 Service obligations.

(a) For obligations incurred upon ini­tial appointment, see AR 135-90.

(b) Nonobligated personnel appointed as commissioned or warrant officers in the USAR must be available for service during any emergency or mobilization. Applicants must have full knowledge of this requirement when submitting appli­cations for appointment.

(c) Applicants accepted for appoint­ment as commissioned or warrant officers in the USAR with concurrent active duty are required to serve in an active status for a specified period. The duration of this term of service will be in accordance with regulations or Department of the Army circulars announcing each pro­curement program.§ 561.8 Applications and allied papers.

Applications for appointment in the USAR will include the following docu­ments, except as indicated in paragraphs (v) and (w) of this section.

(a) DA Form 61 (Application for Ap­pointment) in duplicate.

(b) Documentary evidence of educa­tional qualifications. Consolidated tran­scripts of college and university study will be signed by an official of the institu­tion attended. Photostatic or true copies are acceptable.

(c) DD Form 98 (Armed Forces Se­curity Questionnaire) in duplicate.

(d) DD Form 398 (Statement of Per­sonal History). When the National Agency Checks has not been completed for applications for appointment and concurrent active duty, DD Form 398 will not be forwarded with the application and allied papers, but will be forwarded separately as soon as the National Agency Check is completed. Copies will be prepared as follows:

(1) The original copy will accompany the request for investigation.

(2) 1 copy for Personnel Records Jacket.

5298 RULES AND REGULATIONS

(3) Additional copies when required may be reproduced mechanically (i.e., Xerox, photostat, or similar process).

(e) FD Form 258 (U.S. Department of Justice Fingerprint Card).

(f) Standard Form 88 (Report of Medical Examination) will be prepared in two copies and Standard Form 89 (Re­port of Medical History) will be prepared in original only. A certificate in lieu of medical examination may be submitted when an applicant has been selected for appointment with concurrent active duty if a previous medical examination is valid under AR 40-500 and the individual fur­nishes a statement to the effect that there has been no change in his medical fitness since that examination. Any ap­plicant drawing a pension, disability compensation, or retirement pay must undergo a medical fitness examination regardless of how recently his last medi­cal examination was completed. Appli­cants for appointment as USAR warrant officer with concurrent active duty who are serving on active duty in an enlisted status in the Army will not be required to undergo a medical examination until notification is received from the Chief of Personnel Operations of the applicant’s selection for appointment. Applicants for appointment as commissioned or war­rant officers without concurrent active duty will not be required to undergo medical examinations until selected for appointment by the appropriate appoint­ing authority.

(g) Three full-length photographs (approximately postcard size) when ap­plication is for Army Intelligence for INTC specialization.

(h) Photostatic copy of DA Form 152 (Army Extension Courses—Certificate of Completion of Course) when required.

(i) DA Form 160 (Application for Ac­tive Duty) in duplicate, when applying for appointment with concurrent active duty.

(j) A signed statement will be fur­nished by former conscientious objectors expressing abandonment of such beliefs so far as they pertain to their willing­ness to bear arms and to give full and unqualified military service to the United States and agree that they will not apply for separation by reason of conscien­tious objection during the period of their contracted agreement.

(k) A statement by a conscientious objector applying for appointment in the Chaplains Branch or a corps of the Army Medical Service (except Veteri­nary Corps) 'to the effect he conscien­tiously objects to combat service but is willing to perform full and unqualified service as a Chaplain or officer of the Army Medical Service (except Veterinary Corps). Conscientious objectors apply­ing under the provisions of this section must possess a Selective Service classi­fication of no higher than 1-A-O (as op­posed to 1-0).

(l) Members of Reserve Components of the Navy, Air Force, Marine Corps, Coast Guard, and Public Health Service must meet requirements of AR 140-10 for interservice transfer between Reserve Components of the Armed Forces. A conditional release obtained through official channels will be submitted with the application.

(m) A statement from the appropriate State adjutant general that a member of the ARNG or ARNGUS applying for appointment as USAR officer, if ten­dered an appointment, will be separated from his National Guard status.

(n) Female applicants having sur­rendered rights to custody and control of dependents under 18 years of age through formal adoption or final divorce proceedings will submit a certificate or photostatic copy of the instrument that accomplished such action.

(o) Nonprior service male applicants under 26 years of age who have not pre­viously incurred a training and service obligation under the UMT&S Act, will complete the required agreement to serve.

(p) Prior service applicants appointed following a break in service, female ap­plicants, and nonprior service applicants over 26 years of age will complete the required agreement to serve.

(q) An individual not a citizen of the United States by birth will submit re­quired statement concerning naturaliza­tion.

(r) The following signed statement from an applicant for appointment with concurrent active duty with assignment as a Chaplain who may not because of the provisions of title 10 U.S.C. 3848 be able to qualify for retirement under 10 U.S.C. 3911. This statement is not required for those individuals who can­not qualify for retirement under 10 U.S.C. 3911 prior to attaining age 60.

I understand that, because of my age, the possibility of my becoming entitled to mili­tary retirement benefits under existing leg­islation is contingent upon the passage of future events which are not accurately pre­dictable a t this time.

(s) A person receiving pension, retire­ment pay, disability compensation, or retired pay from the Federal Govern­ment will be required to furnish a waiver in accordance with paragraph 20-49, AR 37-104.

(t) Applicants for appointment with concurrent active duty will complete a personal summary sheet listing military and civilian education to indicate prior active Federal Service, unit, job title, and MOS.

(u) A statement by applicants who are enlisted members of the Reserve Com­ponents of the Armed Forces and who have completed 6 months active duty or an initial tour of ACDUTRA acknowl­edging that if their induction is caused by failure to participate satisfactorily in required training, they will be ineli­gible for active duty as an officer or war­rant officer and their commission or warrant will be terminated.

(v) In lieu of formal application the following may request appointment in letter form:

(1) Regular Army officers applying for USAR appointment concurrent with Regular Army resignation.

(2) Individuals currently serving on active duty as officers of the other Armed Forces when applying for appointment with concurrent active duty as prescribed in AR 618-100.

(3) W arrant officers applying under § 561.17(b) (1) (iii) and (iv), and former officers under § 561.17(b) (1) (v) when

applying within 1 year from date of dis­charge. Such applicant must meet re­quirements of § 561.3(b).

(4) USAR officers applying for ap­pointment for assignment in another branch or grade. Such applicants must furnish documentary evidence of educa­tional level as required for the branch and any additional forms, documents or information as required by other regula­tions or the section of those regulations governing the particular branch. In ad­dition, a current medical examination as prescribed in AR 140-120 is required.

(in) For members of the Coast and Geodetic Survey applying under § 561.4(e), the forms required by paragraphs(a ), (c), (d) and (f) of this section.§ 561.9 Submission and processing of

application.Applications for appointment in the

USAR as commissioned or warrant officers will be submitted and processed under this section except that applicants for appointment under §§ 561.10 through 561.17 must meet special requirements outlined in those sections. Applicants for appointment in the Army Nurse Corps and the Army Medical Specialists Corps will be guided by AR 601-139 and applicants for appointments in the other corps of the Army Medical Services by AR 140-101. Applications will be sub­mitted as follows:

(a) For appointment with assignment to Reserve troop program units, mobili­zation designee table of distribution va­cancies and Ready Reserve Reinforce­ment vacancies.

(1) Through the unit commander for enlisted and warrant officer members of active Reserve units.

(2) Through the commander of the unit where assignment is requested for individuals not members of the Army Reserve.

(3) Through the commanding officer of the unit where applicant is assigned for duty when individual is currently on active duty.

(4) Through the Commanding Officer, U.S. Army Records Center for applicants who are members of the Standby Reserve.

(5) Through corps commander for Ready Reserve Reinforcement vacancies.

(b) For appointment with concurrent active duty.

(1) For individuals not on active dutyto the corps commander or Command­ing Officer, U.S. Army Records Center, as appropriate for those reservists under their jurisdiction. As an exception, ap­plications for appointment with concur­rent active duty with assignment to Chaplains Branch will be forwarded by the applicant direct to the Chief of Chap­lains, Department of the Army, Wash­ington, D.C., 20315.

(2) For personnel on active duty, ap­plications will be forwarded through then/M Yim onrlar o f f h o n n if: whPTfi till6 fLppll-cant is assigned for duty.§ 561.10 Appointment of officers and

former officers.(a) Applications of officers and former

officers must meet the requirements pre­scribed in §§ 561.1 through 561.7 ana will be processed in accordance witn §§ 561.8 and 561.9.

FEDERAL REGISTER 5299Saturday, April 18, 1964

(b) A p pointm ents u n d er th is sec tio n will not be m ade in g en era l officer grades or for assign m en t in :

(1) Arm y Medical Service.(2) Chaplains.(3) Civil Affairs.(4) Judge Advocatei General’s Corps.

§561.11 Appointment for assignment as chaplains.

(a) General. This section prescribes special requirements arid procedures for appointment of qualified male personnel for assignment as Chaplains. The pro­visions of §§ 561.1-561.9 apply except as otherwise provided in this section.

(b) Special requirements. £1) Appli­cants with prior service as chaplains in any component of the Armed Forces of the United States must meet the require­ments shown in subdivision (ii) of this subparagraph. Applicants for initial ap­pointment in grades above second lieutenant and former officers without prior service as chaplains must meet the following criteria:

(i) Education:(a) Possess a consolidated transcript

of 120 semester hours of undergraduate credit obtained at a recognized college or university, and a consolidated transcript of 90 semester hours of credit obtained at a recognized theological school or equivalent credits in the fields of religion, the social sciences, or the humanities ob­tained at a recognized university or other graduate school.

(b) As an exception to (a) of this sub­division, be a senior seminary student in a recognized theological school or a grad­uate student in a recognized university pursuing courses in the fieldifof religion, the social sciences, or the humanities and request appointment and concurrent call to active duty. Such persons may apply 180 days prior to graduation and ordina­tion. The applicant must submit, in ad­dition to transcripts of undergraduate credits, a consolidated transcript of grad­uate credits completed at the time of application and a statement from the registrar of the hours that will be com­pleted upon graduation. The Chief of Chaplains will verify successful comple­tion of graduate study prior to appoint­ment.

(ii) Ecclesiastical indorsement. Each applicant must be:

(a) Accredited by and in good stand­ing in a recognized religious denomina­tion or organization.

(b) A fully ordained or accredited priest, rabbi, or minister o f religion.

(c) Actively engaged in the pursuit of his religious vocation.

(<J) Qualified spiritually, intellectu­ally, and psychologically for the Army Chaplaincy. • ^ <

(e) Granted ecclesiastical indo ment by the recognized agency of denomination.

(/) Granted conditional ecclesiasl indorsement by the recognized agenc ms denomination in lieu of ecclesiasl indorsement if he is a senior theolog student requesting active duty, conditional indorsement will indi mat he will receive full indorsement v graduation from the seminary an« ruination. The Chief of Chaplains

verify ecclesiastical indorsements prior to appointment.

(2) Applicants for initial appointment in the grade of second lieutenant with assignment to the Staff Specialist Branch, MOS 0001 (Divinity^ Student) must meet the following special require­ments (such applicants will not be re­quired to appear before an examining board as required by § 561.3 (i), but will be required to appear before an examin­ing board prior to being commissioned as first lieutenant with assignment to the Chaplains Branch).

(1) Present transcript of 120 under­graduate hours completed in recognized colleges or universities.

(ii) Present ecclesiastical approval from the applicant’s recognized denomi­national indorsing agency.

(iii) ' Present a statement from the registrar of a recognized theological seminary or university that the applicant is either enrolled as a full-time student or has been ¡accepted for the next enter­ing Class.

(iv) Applicant must sign the following statement and attach it to DA'Form 61:

If appointed in the grade of second lieutenant, USAR, MOS 0001 (Divinity Student) for assignment to the Staff Specialist Branch, I agree to apply for and accept a commission as first lieuten­ant, USAR, with assignment to the Chap­lains Branch, upon graduation from seminary and upon ordination. I further agree to serve a minimum period of 3 consecutive years active duty if the De­partment of the Army requires my serv­ices.

(c) Grade. (1) Appointment will not be made in the grade of second lieuten­ant, except as provided in subparagraph(3) of this paragraph, or in general officer grades.

(2) Appointment of qualified individ­uals will be made in the following grades:

(1) Applicants without prior commis­sioned service above the grade of second lieutenant—first lieutenant. Applicants initially appointed under this authority will be credited with 3 years service in an active status.

(ii) Reserve officers or former officers, including chaplains of any of the Armed Forces—in a grade corresponding to the last grade held.

(iii) Reserve officers or former officers of any of the Armed Forces who have previously served sufficient time in grade to qualify for consideration for promo­tion to the next higher grade—in the higher grade.

(3) Within authorized quotas, quali­fied individuals (paragraph (b) (2) of this section) may be appointed as second lieutenants in the USAR with assign­ment to the Staff Specialist Branch, MOS 0001, until such time as they become eligible for appointment as first lieuten­ant in the Chaplains Branch. An indi­vidual when appointed first lieutenant will be credited with 3 years service in an active status exclusive of the years, months and days assigned in the grade of second lieutenant USAR to the Staff Specialist Branch as a divinity student.

(d) Applications. (1) Individuals ap­plying for appointment in grades above second lieutenant will furnish the docu­

ments indicated below and those required by §§ 561.8 and 561.9. Individuals hold­ing appointments as second lieutenants, Staff Specialist Branch, with MOS 0001, need not submit transcripts of under­graduate studies or forms required by §§ 561.8 and 561.9 other than DA Form 61 and SF 88 and SF 89.

(1) Senior Theological Students.(a) Transcript and statement of regis­

trar as specified in paragraph (b) (1) (i)(b) of this section.

(b) Conditional ecclesiastical indorse­ment as specified in paragraph (b) (1)(ii) (/) of this section.

(fi) Other applicants.(a) A consolidated t r a n s c r i p t of

pndergraduate and graduate work.(b) Ecclesiastical indorsement.(2) Individuals applying for appoint­

ment in the grade of second lieutenant will furnish the papers required by §§561.8 and 561.9 and the additional documents specified in paragraph (b) (2) of this section.

(3) Ecclesiastical approval, coriditional indorsement,- or ecclesiastical indorse­ment will be forwarded directly to the Chief of Chaplains, Department of the Army, Washington, D.C., 20315, by the applicant or the denominational indors­ing agency when application is for ap­pointment with concurrent active duty. Area commanders are authorized to for­ward applications and allied papers to the Chief of Personnel Operations with­out these documents when application is for appointment without concurrent active duty.§ 561.12 Appointment for assignment

in the Judge Advocate* General’s Corps.

(a) General. This section prescribes the special requirements for appointment of qualified mâle personnel for assign­ment to the Judge Advocate General’s Corps. Qualified women attorneys may apply for appointment in the Women’s Army Corps with detail to the Judge Advocate General’s Corps as prescribed in § 561.13.

(b) Special requirements. Each ap­plicant for appointment for assignment in the Judge Advocate General’s Corps must meet the following requirements in addition to those shown in §§ 561.1- 561.7:

(1) Have been graduated from a law school approved by the American Bar Association, with a professional degree. Waiver of the approved law school pro­vision of this paragraph will be consid­ered in accordance with § 561.5(a) (5), only in those cases where the applicant possesses unique professional experience as determined by The Judge Advocate Gerieral.

(2) Have been admitted to practice and have membership in good standing of the bar of the highest court of a State of the Uriited States or a Federal court.

(3) Have been actively engaged in the practice of law, in thé teaching of law or in judicial office, for a minimum period of 3 years immediately preceding the ef­fective date of appointment. In accord­ance with § 561.5(a) (5) this requirement may be waived by the Department of the Army in-the case of outstanding appli-

5300 RULES ANO REGULATIONScants who are otherwise qualified and whose services are desired for immediate active duty. For appointments without concurrent call to active duty, the 3-year practice requirement may be reduced, on the following basis, for periods of active military service and for service in the Ready Reserve:

(i) Full credit for periods of active military service.

(ii) Half credit for service in any active status in the Army Reserve or while in the Army National Guard of the United States.

(c) Grade. (1) A qualified person, may be appointed in the grade of first lieutenant through colonel for assign­ment to the Judge Advocate General’s Corps. He may be appointed:

(1) In the highest grade (or com­parable grade) held satisfactorily in the Judge Advocate General’s Corps or in an assignment corresponding to an assign­ment in the Judge Advocate General’s Corps, while on active duty in any of the Armed Forces; while in an active status in the Army Reserve or while in the federally recognized Army National Guard, or—

(ii) In the highest grade for which he can qualify as a result of education and experience as set forth in subparagraph(3) of this paragraph. For appoint­ments without concurrent call to active duty, applicants must have completed a t least 3 years practice of law, teaching of law, or in judicial office, before any remaining credit for education or ex­perience is applied toward grade deter­mination. A combination of 3 years of law practice, teaching of law, "or in judicial office, and military service pur­suant to paragraph (b) (3) of this sec­tion may be used in lieu of 3 years prac­tice of law.

(2) When the grade of an officer is determined by credit for education and experience in accordance with subpara­graph (3) of this paragraph, such credit will be considered equivalent to the num­ber of years in an active status for ap­pointment in following grades:Years of service in an

active status Grade3 years or more, but First lieutenant

less than 7 years.7 years or more, bu t Captain

less than 14 years.

14 years or more, but Major less than 21 years.

21 years or more, but Lieutenant colonel less than 23 years.

23 or more years_____ Colonel or lieutenantcolonel as deter­mined a t H e a d ­quarters, Depart­ment'Of the Army.

(3) Credit for education and experi­ence will be computed as follows:

(i) Three “years of service in an ac­tive status” for graduation from a law school which has been approved by the American Bar Association; and

(ii) The number of years, months, and days that individual has been actively engaged between the date of his admis­sion to the bar of the highest court of a State of the United States or a Federal

court and his appointment in the Judge Advocate General’s Corps:

(a) In the practice of law.(b) Teaching of law.(c) Performance of judicial duties.(d) In the full-time pursuit of grad­

uate legal studies.(e) In other appropriate professional

activities as determined by the Judge Advocate General.As an exception, for each year of pro­fessional experience in excess of 21 years, he will be given credit for only one-half “years of service in an active status”.

(iii) The number of years, months, and days of active duty performed as a commissioned officer in any of the Armed Forces during the periods September 16, 1940 to June 24,1948; and June 25, 1950. to July 27, 1953,

(4) “Years of service in an active status” in excess of the minimum re­quired for the grade appointed will be credited as “promotion service” in the grade appointed. No periods of time will be used more than once in computing an officer’s “years of service ip an active status”.

(c) Applications. In addition to the forms and allied papers required by §§ 561.8 and 561.9, applicants will submit the following documents:

(1) A certified transcript of all college and law school grades in support of un­dergraduate and graduate degrees. Transcripts should show, if practicable, the class standing of the applicant.

(2) A statement from proper authority showing that the applicant has been admitted to private practice before the highest court of a State of the United States or a Federal court and that he is now a member of the bar thereof in good standing.

(3) A statement from the applicant listing all legal experience. Legal ex­pedience may include governmental, judicial, teaching, private practice, and graduate legal studies. Each applicant will include:

(i) A list and brief description of im­portant legal actions or other legal matters handled by him.

(ii) If he has been in private practice, a general statement of the character thereof.

(iii) If he has had Government or military legal experience, a description of his position and rating.

(iv) If he has held judicial office, the extent of the jurisdiction of his court.

(v) If he has taught law, the subjects which he teaches, or has taught.

(vi) If he has pursued graduate legal studies, a transcript of all courses com­pleted, certified by an official of the school.

(4) Letters based on. personal ac­quaintance from not less than 3 disin­terested judges, lawyers, or law school professors relative to the applicant’s rep­utation and professional standing, the types of cases handled by him, and his ability as an attorney, teacher, judge, or student.

(5.) TwoNiopies of a recent photograph, head and shoulder type, 3" x 5” with the applicant’s name on the reverse.

§ 561.13 Appointment for assignment in the Women’s Army Corps.

(a) General. This section prescribes the special requirements for the appoint­ment of qualified women for assignment to the Women’s Army Corps. The pro­visions of §§ 561.1-561.9 apply, except as otherwise indicated in this section.

(b) Special requirements, (l) Each applicant must have a baccalaureate de­gree from an accredited college or uni­versity recognized by the Department of Health, Education, and Welfare, Office erf Education, as listed in Part 3, Educa­tion Directory, Higher Education. Stu­dents may apply in their senior year prior to date of graduate. The antici­pated date of graduation will be entered under, “remarks” on the application. A statement by an official of the university or college verifying the entry will be attached. Upon graduation, the appli­cant will furnish the area commander a certificate of graduation signed by an appropriate official of the university or college for transmittal to the Chief of Personnel Operations, ATTN: RCAP- AA, Department of the Army, Washing­ton, D.C., 20315. If the applicant fails to graduate when scheduled, the Chief of Personnel Operations, ATTN: RCAP- AA, will be notified immediately.

(2) For appointment and concurrent detail to an appropriate branch, such as the Judge Advocate General’s Corps, re­quirements for the detail branch apply.

(3) For appointment and concurrent active duty in the grade of first lieu­tenant, the applicant must have pro­fessional qualifications or supervisory experience in the fields of education, business, personnel management, public relations, or science.

(c) Grade. (1) For appointment to fill vacancies in Ready Reserve troop program units.

(1) Initial appointments normally will be in the grade of second lieutenant.

(ii) Where detail of WAC personnel to another branch is authorized, qualified applicants may apply for appointment and assignment to the WAC branch and concurrent detail to an appropriate branch. Appointment will be in. the grade authorized for comparable male applicants assigned to the same-branch, but not above the grade of lieutenant colonel.

(iii) Women who are otherwise qual­ified may be appointed for assignment to the Women’s Army Corps in the highest grade in which they have pre­viously served satisfactorily on active duty (other than for training).

(2) For appointment and concurrent active duty.

(i) Appointments to meet WAC branch requirements normally will not be abovefirst lieutenant.

(ii) Where detail of WAC personnel to another branch is authorized, qualified applicants may apply for appointment and assignment to the WAC branch and concurrent detail to an appropriate branch. Appointments will be in the grade authorized for comparable male applicants assigned to the same branch, but not above the grade of lieutenant colonel.

FEDERAL REGISTERSaturday, April 18, 1964 5301

(d) Applications. The following docu­ments, in addition to those prescribed in §§561.8 and 561.9, will be furnished:

(1) A recent photograph,' head and shoulder type, approximately post card size. The applicant’s name will appear on the reverse.

(2) Transcript of college credits. Students applying prior to date of grad­uation will submit statement required by paragraph (b) of this section.

(3) A pplications fo r con cu rren t orderto active duty w ill in c lu d e th e f o llow ing agreement: - c .

If appointed and ordered to active duty I agree to serve on active duty as an officer for a period of 2 years, including the tim e spent in attendance a t the WAC officer basic course. I understand th a t if I fail to satis­factorily complete the required WAC officer basic course my Reserve commission may be terminated. ■ ^

(4) Commanders receiving the appli­cation will obtain the following reports and letters of appraisal for inclusion with the allied papers. (When such re­ports and letters were secured prior to enlistment, they will be removed from the enlisted women’s file and be. made a part of the application.)

(i) Letter of appraisal from Dean of College, Dean of Women, or other col­lege official.

(ii) Letters of appraisal from last 2 employers (full or part time), using DD Form 370 (Request for Report from Ijtaployer, School, or Personal Refer­ence) . If applicant has no work experi­ence, 2 letters of appraisal from school officials in addition to subdivision (i) of this subparagraph will be submitted.

(iii) Letters of appraisal from 2 resi­dents of the applicant’s home com­munity.

(5) A written statement from the ap­plicant, outlining her reasons for desir­ing a commission in the Women’s Army Corps. The statement may be included in remarks section of personnel sum­mary sheet.

(6) Applicants for appointment in the Women’s Army Corps with concurrent detail to the Judge Advocate General’s Corps will furnish documents prescribed in § 561.12(c), in addition tb those pre­scribed in this section. Service agree­ment prescribed in subparagraph (3) of this paragraph will be modified to reflect an agreement by such applicants to serve 3 years. .•8 561.14 Appointment of professional

and technical personnel.. (a) General. This section provides for the appointment of professional and technical spécialiste as commissioned officers in the USAR. The categories for appointment under this section are listed below. Sections 561.1-561.9 will apply except as indicated in this section.Archivist.Aeronautical engineering.Automotive engineering.Bacteriology. - v v . • Biochemistry;Biological sciences.Business administration.Chemical engineering and chemistry.

No. 77----- 2

Civil engineering.Education specialists.Electrical accounting machine specialists. Electrical engineering, including radio, tele­

vision, and wire communications.Electronic data processing systems specialists. Entomology.Fire Prevention and firefighting.Food technology (inspection, procurement, * testing, research, and related subjects). Geographers.Geology, geophysics, and meteorology. Geopolitical and area specialists.Guided missile specialists.Harbor craft specialists.Health physicist.Highway engineering and traffic..Industrial specialists (engineering, manage­

ment, and security).Language and foreign liaison.Law enforcement officials, administratory,

and allied investigative specialists.Legal.Marine engineering.Mathematicians, statisticians, and physicists. Mechanical- engineering.Metallurgical engineering.Military historians.Mining engineering.Naval architectural.Nuclear specialists (nuclear physicist, radio­

logical chemist, nuclear chemistry, nuclear engineering, nuclear effects engineering, biophysics, and bioradiologyfr,

Parasitology.Penology.Petroleum and natural gas engineering. Pharmacology and toxicology.Photographic (still, * motion picture, tele- ‘ vision, and related subjects).Plant pathology.Plant physiology.Postal.Printing and reproduction.Psychology.Psychological warfare (journalism, interna­

tional relations, psychology, and related subjects).

Public information, including field press censorship.

Purchasing, storage, and distribution (logistics).

Radar engineering.Railway service.Safety engineering.Submarine diving.Traffic management. *Zoology. _• -

(b) Branch. The branch of assign­ment for male applicants will be deter­mined by the authority tendering appointment, based upon the qualifica­tions of the applicant and the needs of the service. The branch for female ap­plicants will be Women’s Army Corps. Appointments will not be made for assignment in:

(1) Armor.(2) Artillery (except Guided Missiles).(3) Infantry.(4) Chaplains.(5) Judge Advocate General’s Corps.(6) Corps of the Army Medical

Service.(7) Women’s Army Corps (except in

conjunction with concurrent detail to an appropriate branch. Section 561.13 ap­plies) .

(8) Civil Affairs.(9) Staff Specialist.(c) Special requirements, (1) In ad­

dition to the requirements of §§ 561.1- 561.7, each applicant must possess the professional or technical ability required

to perform the duties appropriate .to the grade of appointment and branch of assignment.

(2) For appointment to fill vacancies in the Reserve troop program, an appli­cant’s services must be required and there must not be a qualified Reserve commissioned officer of the appropriate or lower grade available to fill the vacancy.

(3) For appointment with concurrent active duty an applicant’s services must be required to meet the needs of the Active Army.

(4) Except as provided in subpara­graph (5) of this paragraph, applicants must have graduated from an accredited college or university recognized by the Department of Health, Education and Welfare, Office of Education as listed in part 3, Education Directory, Higher Ed­ucation, preferably with a major field of study closely related to the specialty serving as the basis for appointment and have at least the minimum number of years of qualifying experience indicated below for appointment to the grade indicated:

YearsGrade experience

Second lieutenant-.;-_________ One.First lieutenant-________ Si___ Three.Captain— i - ________ Seven.Major_____ *________ _„ ____ Fourteen.

(5) Each year of graduate education in the field for which the applicant is being considered may be counted as a year of qualifying experience. Experi­ence in an allied field of specialization acceptable to Headquarters, Department of the Army may be considered in com­puting minimum qualifying experience.

(i) For service in the Military Railway Service and for duty as Postal specialists, 4 years of qualifying experience may be substituted in lieu of graduation from a recognized college.

(ii) For service in harbor craft units, the following may be substituted in lieu of graduation from a recognized college:

(a) Possession of license required for a civilian ship officer in the American Merchant Marine and issued in accord­ance with the general rules and regula­tions of the Board of Supervisory In­spectors of the Merchant Marine In­spection Service, the United States Coast Guard, or the Bureau of Marine Inspec­tion and Navigation.

(b) A diploma or record of graduation from the Merchant Marine Academy.

(c) . A certificate as senior navigator from the Coast -Guard Auxiliary, or-^

(d) A United States Power Squadron Certificate as a navigator.

(iii) For appointment with assignment as a postal specialist, the following is required:

(a) Experience in an administrative, executive, or supervisory capacity in the United States Post Office Department, or—

(b) Experience in the Military Postal Service as a warrant officer or noncom­missioned officer in grade E-5 or higher. A minimum of 1 year of such experience is required for the grade of second

5302 RULES AND REGULATIONSlieutenant; 3 years for the grade of first lieutenant, and 5 years for the grade of captain.

(6) Military education, (i) Appli­cants who are appointed under this sec­tion will be granted equivalent credit by Headquarters, Department of the Army, for military education as follows:Grade to which

appointed CreditSecond lieutenant. None.First lieutenant___None.Captain______-z__Officer Branch Basic

Course.Major_________ _Fifty percent of the

total credit hours of the Associate Officer Branch Career Course.

Lieutenant colonel- Associate Officer Branch Career Course.

Colonel-________ Associate Officer BranchCareer Course.

(ii) Area commanders will insure that individuals enroll in and pursue satis­factorily the appropriate course to qualify themselves for promotion and retention.

(d) Grade. Initial appointments are authorized in the grades indicated in paragraph (c) of this section, in recog­nition of advanced professional or tech­nical experience and training. How­ever, appointment may be made in grades up to and including the grade of colonel for male applicants, but not above the grade of lieutenant colonel for female applicants, when an individual possesses outstanding qualifications critical to military requirements.§ 561.15 Appointment for assignment'

in the Staff Specialist Branch.(a) General. (1) This section pre­

scribes the special requirements and pro­cedures for appointment as a commis­sioned officer in the USAR for assign­ment as Staff Specialist. Sections 561.1- 561.9 apply except as indicated in this section.

(2) No individual will be appointed for assignments to the Staff Specialist Branch if he can be appropriately as­signed to another branch.

(b) Eligibility. Divinity students— see § 561.11. Alt other applicants must:

(1) Meet general requirements of §§ 561.1-561.7.

(2) Qualify for a MOS listed in para­graph (d) of this section.v

(3) Possess advanced professional or technical experience and training.

(c) Applications. (1) Divinity stu­dents will apply under the provisions of § 561.11.

(2) Other applications will be proc­essed in accordance with §§ 561.8 and 561.9. Forwarding indorsements will recommend grade for appointment tak­ing into consideration individual attain­ments, usable skills, training, or knowl­edge, and related requirements of the Army.

(d) Specialist categories for appoint­ment. Appointment will be made in the Staff Specialist Branch in the following MOS:

~ Proponent agency Chief of-Chaplains-

TAG............... .Chief of Military History.TAG................

TAG

TAG.....TAG„__CINFO..CINFO..DCSOPSDCSOPS

Tüle M OSDuties unassigned_________0901

(Divinity Student or Semi­narian).

Selective Service Officer___ 2334Military Historian...______ 2421Nonmilitary Subject Instruc­tion Officer (Teaching

Methods). 2701Nonmilitary Subject Instrue- 2701

tion Officer (Physical Science.)

Nonmilitary Subject Instrue- 2701 tion Officer (English).

Nonmilitary Subject Instrue- 2701 tion Officer (SocialSciences).Information Officer____... . 5505

Radio Broadcast Officer___ 5522Psychological Warfare Officer. 9305 Foreign Language Propagan- 9306

da Officer (Designated Lan­guage).

§ 561.16 Appointment in the Army Na­tional Guard of the United States.

(a) General. (1) Upon being feder­ally recognized, an officer or warrant officer of the Army National Guard will be appointed as a Reserve of the Army for service as a member of the Army National Guard.

(2) No person will be appointed in a commissioned grade aboves major un­less he was formerly a commissioned of­ficer of an armed force or such an ap­pointment is recommended~by a board of officers convened by the Secretary of the Army.

(b) Personnel eligible to apply for ap­pointment. Individuals having been fed­erally recognized as commissioned of­ficers or warrant officers of the Army National Guard, when they meet the security standards as prescribed in § 561.3(h).

(c) Applications. Applications for appointment as Reserve commissioned or warrant officers of the Army will be submitted through appropriate National Guard commanders, the State adjutant general, and the Chief, National Guard Bureau, to the Chief of Personnel Op­erations, Attn: RCAP-AA. The fol­lowing forms will be submitted:

(1) NGS Form 62 (Application for Federal Recognition as an Army Na­tional Guard Officer or Warrant Officer and Appointment as a Reserve Com­missioned Officer or Warrant Officer of the Army in the Army National Guard of the United States) in single copy.

(2) One copy of DD Form 398 (State­ment of Personal History). Entry re­garding a favorable National Agency check will be recorded on the DD Form 398.

(3) DD Form 98 (Armed Forces Secu­rity Questionnaire), one copy to ac­company the application and one copy to be retained in the Personnel Records Jacket.§ 561.17 Appointment as Reserve War­

rant Officers of the Army.(a) General. This section prescribes

special requirements for the appointment of Reserve warrant officers of the Army for service in the Army Reserve. Sec­tions 561.1-561.9 apply except as provided in this section.

(b) Special requirements. (1) Per­sonnel listed below qualifying for war­

rant officer MOS currently authorized in AR 611-112 or AR 611-113 may apply for appointment under this section. Al­though Reserve enlisted personnel and Reserve officers are eligible for appoint­ment under this section, acceptance of appointment as a Reserve warrant officer will automatically terminate any other Reserve status held by the individual concerned. Such persons serving on ac­tive duty will be appointed only, as au­thorized in § 561.2(b) (2).

(1) Enlisted personnel of the Reserve Components of the Arined Forces.

(ii) Enlisted personnel in the active military service of the Armed Forces pro­vided they are ordered to concurrent active duty as warrant officers under the provisions of § 561.2(b) (2).

(iii) Former warrant officers currently in civilian status. Applicants applying under thiiS section, if otherwise qualified, will not be subject to the requirements of §§561.2 and 561.3(b), if appointed within 1 year after date of last discharge as a warrant officer.'

(iv) W arrant, officers in the active military service holding only temporary appointments, without component, may request appointment as a Reserve war­rant officer at any time prior to release from active duty.

(v) Officers and former officers who qualify for warrant officer MOS.

(vi) Qualified technical experts or specialists who are former members of any component of any U.S. Armed Foipe or civilians with no military status.

(2) Specialty requirements:(i) Applications for Army attaché

career warrant officers will be limited to individuals who meet the requirements of AR 611-60 and have been assigned and performed duties in any Army attaché office for a period of at least 6 months in a military or civilian status.

(ii) Applicants for appointment in the intelligence career fields covered in AR 140-192 must meet the requirements specified in this regulation, or submit ap­propriate request for waiver.

(iii) Applicants for appointment as bandmaster must meet additional tech­nical requirements. Evaluations are made in the following areas to determine the qualifications of each applicant:

(a) Civilian and service music educa- tion^and experience.

(b) Knowledge of sound band man­agement to include the operation of concert bands, dance b a n d s , and ensembles.

(c) Conducting capabilities to include baton techniques, musicality of presen­tation, rehearsal techniques, podium presence, military bearing, and sound leadership characteristics.

id) Theoretical capabilities to include sight-singing, sight-reading, melodic dictation, harmonic dictation, aural ana written harmony, arranging and knowl­edge of instrumentation. In those cases where a definite evaluation cannot be made by a review of the application and allied papers, the Chief of Personnel Operations will direct that a technica

FEDERAL REGISTER 5303Saturday, April 18, 1964

examination be adm in istered to th e a p ­plicant by th e b an dm aster o f th e b an d a t the ZI Arm y H eadquarters or m ajor oversea headquarters th ro u g h w h ich th e applicant applied or a t H eadquarters, USCONARC. A ll tra v el involved w ill be at the expense of th e a p p lican t.

(e) Personnel app ly in g for ap p o in t­ment as R eserve w a rra n t officer, A rm y Band Officer, w ill in c lu d e th e fo llow in g items w hich th eir a p p lica tion s an d a llied papers:

(1) chron o log ica l l is t in g o f a ll m ili­tary and c iv ilian p o sition s h e ld to inc lu de specific scope o f responsib ilities.

(2) R epresentative l is t or program s o f solos played or rec ita ls g iv en o n m ajor instruments for public perform an ce .

(3) R epresentative l is t or program s o f band num bers con d u cted in public performance.

(iv) Applicants for appointment in MOS 232A, 241B, 241C, 241D, 241E, 251B, 251C, 261A, and 262A must have success­fully completed the appropriate MOS qualification course.

J . C. Lambert,Major General, U.S. Army,

The Adjutant General.[F.R. Doc. 64-3820; Piled, Apr. 17, 1964;

8:47 a.m.]

Title 5— ADMINISTRATIVE PERSONNEL

Chapter 1——Civil Service CommissionPART 213— EXCEPTED SERVICE

Housing and Home Finance AgencySection 213.3144(a) (1) is revoked, re­

flecting a shift of the administrative operations supporting the voluntary mortgage credit extension program from the Office of the Administrator, Housing and Home Finance Agency, to the Fed­eral National Mortgage Association, under that Agency. Schedule A author­ity is withdrawn for the positions of Ex­ecutive Secretary and Deputy Execu­tive Secretary, National Voluntary Mort­gage Credit Extension Committee and for the Executive Secretary of each re­gional subcommittee established under Title VI of the Housing Act of 1954. A new position of Special Assistant in the Federal National Mortgage Association is excepted until September 30, 1965. Effective upon publication in the F ed­eral Register, subparagraph (1) of Paragraph (a) of § 213.3144 Is revoked and paragraph (c) (1) is added as set out below.

§ ^3.3144 Housing and Home Finance Agency.* * * * *

(c) Federal National Mortgage Asse­rtion. (l) until September 30, 1965, one Special Assistant (VHMCP).

(R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 CFR, 1954-1958 Comp., p. 218)

United S tates Civil Serv­ice Commission,

[seal] Mary V. W enzel,Executive Assistant to

the Commissioners.[F.R. Doc. 64-3799; Filed, Apr. 17, 1964;

8:45 a m.]

Title 7— AGRICULTUREChapter VII— Agricultural Stabiliza­

tion and Conservation Service (Agricultural Adjustment), Depart­ment of Agriculture

SUBCHAPTER B— FARM MARKETING QUOTAS AND ACREAGE ALLOTMENTS

PART 719— RECONSTITUTION OF FARMS, FARM ALLOTMENTS AND FARM HISTORY AND SOIL BANK BASE ACREAGES

Farm Definition(a) Basis and purpose. This amend­

ment is issued pursuant to section 375 of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1375), sec­tion 124 of the Soil Bank Act (7 U.S.C. 1812), Soil-Conservation and Domestic Allotment Act (16 U.S.C. 590p(h)), to amend the regulations governing the reconstitution of farms, farm allot­ments, farm history and soil bank base acreages (27 F.R. 6482, 7382, 11919; 28 F.R. 1415, 1711, 2227; 29 F.R. 339). This amendment adds a provision to the definition of a farm under which a farm would include, for compliance purposes, the land on which the acreage of a com­modity, transferred for natural disaster reasons, is planted- This is to implement sections 334 (k) and 344 (n) of the Agri­cultural Adjustment Act of 1938, as amended by the Agricultural Act of 1964. Since the planting of the affected com­modities, cotton and wheat, is now in progress, it is imperative that the pro­visions of this amendment be made known to the farm operators as soon as possible. Accordingly, It is hereby found and determined that compliance with the notice public procedure and effective date requirements of section 4 of the Administrative Procedure Act (5 U.S.C. 1003) is impractical and contrary to the public interest, and the amendment con­tained herein shall become éffective upon publication in the F ederal R egister.

Section 719.2(1) (2) is amended by ad­ding subdivision (vi) to read as follows:§ 719.2 Definitions.

* * * * *( 1 ) * * *(2) * * *(vi) Any farm from which the acreage

of a commodity is transferred for natural disaster reasons pursuant to regulations issued by the Secretary shall include, for

[Amdt. 8]

compliance purposes, the acreage of land on which such commodity is planted.

* * * * *(Sec. 375, 52 Stat. 66, as amended; sec. 16(h), 77 Stat. 45; sec. 124, 70 Stat. 198; secs. 334, 344, 78 Stat. 173; 7 U.S.C. 1375,1812; 16 U.S.C. 590p(h); 7 U.S.C. 1334, 1344)

Effective date: Date of publication in the F ederal R egister.

Signed at Washington, D.C., on April 14, 1964.

R obert G. Lew is, Acting Administrator, Agricul­

tural Stabilization and Con­servation Service.

[F.R. Doc. 64-3843; Filed, Apr. 17, 1964; 8:51 a.m.]

[Amdt. 2]PART 722— COTTON

Subpart— Acreage Allotment Regula­tions for the 1964 and Succeeding Crops of Upland Cotton

T ransfer of Cotton Acreage Affected by a Natural D isaster

This amendment is issued pursuant to the Agricultural Adjustment Act of 1938, as amended (52 Stat. 31, as amended; 7 US.C. 1281 et seq.), as amended by Title I of the Agricultural Act of 1964.

(a) . The purpose of this amendment is to modify the planting requirements for history purposes under sections 344 (f)(8) and 377 of the act in the case of farms planting for 1964 and 1965 within the farm domestic allotment established under section 350 of the act, and to pro­vide for the transfer of cotton acreage affected by a natural disaster under sec­tion 344(a) of the act.

(b) In order that determinations with respect to transfers of acreage for the 1964 crop may be made prior to the end of the cotton planting season, it is es­sential that this amendment be made effective as soon as possible. Accord­ingly, it is hereby determined and found that compliance with the notice, public procedure requirements and the 30-day effective date requirements of section 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1003) is impracticable and contrary to the public interest and this amendment shall be effective upon filing of this document with the Direc­tor, Office of the Federal Register.

The acreage allotment regulations for the 1964 and succeeding crops of upland cotton (28 F.R. 11041, 29 F.R. 2301) are amended as follows:

1. Section 722.214 of the regulations is amended by adding a new paragraph at the end thereof as follows:§ 722.214 Adjustm ent o f allotm ent

bases and determination of acreage history.• * * * *

(d) Farms planting within the farm domestic allotment for 1964 and 1965. Farm domestic allotments for the 1964 and 1965 crops are required to be estab-

5304 RULES AND REGULATIONSlished for each farm under section 350 of the act. If the acreage planted to cotton on the farm is within the farm domestic allotment so established, the provisions of paragraphs (a) and (b) of this sec­tion regarding planting of 75 percent of the farm allotment shall be satisfied if 75 percent of the farm domestic allot­ment is planted as specified in these re­spective paragraphs.

2. A new § 722.226 is added to the reg­ulations immediately after § 722.225 as follows:§ 722.226 Transfer of farm cotton acre­

age affected by a natural disaster.(a) General authority. Upon a de­

termination for any year that because of a natural disaster a portion of the farm allotments in a county cannot be timely planted or replanted in such year, a transfer of such acreage may be au­thorized under section 344(n) of the act. For any year in which a natural disaster within the meaning of section 344 (n) of the act occurs, the necessary determinations and designation of af­fected States and counties and closing date for filing applications for transfer will be published as paragraphs of this section.

(b) Application for transfer. The owner or operator of a farm in a county designated for any year under para­graph (a) of this section may file a writ­ten application for transfer of cotton acreage, within the farm cotton allot­ment, for such year to another farm in the same county or in an adjoining county in the same or another State if such acreage cannot be timely planted or replanted because of the natural dis­aster determined for such year. The application shall be filed with the county committee for the county in which the farm affected by such disaster is located. If the application involves a transfer to an adjoining county, the county com­mittee for the adjoining county shall be Consulted before action is taken by the county committee receiving the appli­cation.

(c) Amount of transfer. The acreage to be transferred shall not exceed the smaller of (1) the farm allotment es­tablished under section 344 of the act less such acreage planted to cotton and not destroyed by the natural disaster, or (2} the acreage requested to be trans­ferred.

(d) County committee approval. The county committee shall approve the transfer if it finds that the following conditions have been met:

(1) All or part of the farm allotment for the farm from which the acreage is to be transferred could not be timely planted or replanted because of the nat­ural disaster and planting was not pro­hibited by the lease in case of lands owned by the Federal Government.

(2) One or more producers of cotton on the farm from which the acreage is to be transferred will be a bona fide pro­ducer engaged in the production of cot­ton on the farm to which the acreage is to be transferred and will share in the crop or in the proceeds of the cotton. Such sharing shall be in the manner customary in the area in order to estab­lish the status of such producer as a

bona fide producer on the farm to which the acreage is to be transferred.

(e) Cancellation of transfers. If a transfer is approved under this section and it is later determined that the con­ditions in paragraph (d) of this section have not been met, the county commit­tee, State committee or the deputy ad­ministrator may cancel such transfer. Action by the county committee to can­cel a transfer shall be subject to the approval of the State committee or its representative.

(f) Acreage history credits and eligi­bility as an old cotton farm. Any acre­age transferred under this section shall be deemed to be released acreage for pur­poses of acreage history credits under sections 344(f)(8), 344(m)(2) and 377 of the act: Provided, That notwith­standing section 344(m) (2) of the act, transferred acreage shall be deemed planted on the farm from which trans­ferred for purposes of determining eligi­bility as an old cotton farm under sec­tion 344(f) (1) of the act whether or not such acreage was actually planted.

(g) Closing date. The 1964 closing date for approval of transfers by the county committee shall be June 10,1964.

(h) Designated States and counties affected by natural disaster. An amend­ment to this paragraph will be issued designating States and counties in which it is determined that a natural disaster consisting of flood or excessive rainfall in 1964 may have prevented timely plant­ing or replanting of a portion of the 1964 farm cotton allotment.(Secs. 344(f)(8), 344(n), 375, 377; 78 Stat. 173, 52 Stat. 66, as amended, 7 U.S.C. 1344 (f) (8), 1344(n), 1375,1377)

Effective date. Date of filing this doc­ument with the Director, Office of the Federal Register.

Signed at Washington, D.C., on April 14,1964.

R obert G. L e w is , Acting Administrator, Agricul­

tural Stabilizaton and Con­servation Service.

[P.R. Doc. 64-3844; Filed, Apr. 17, 1964;8:51 a.m.]

Chapter IX— Agricultural Marketing Service (Marketing Agreements and Orders; Fruits, Vegetables, Tree Nuts), Department of Agriculture

[Valencia Orange Reg. 80]PART 908— VALEN CIA ORANGES*

GROWN IN ARIZONA AND DES­IGNATED PART OF CALIFORNIA

Limitation of Handling§ 908.380 Valencia Orange Regulation

80.(a) Findings. (1) Pursuant to the

marketing agreement, as amended, and Order No. 908, as amended (7 CFR Part 908; 27 F.R. 10089), regulating the handling of Valencia oranges grown in Arizona and designated part of Cali­fornia, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and upon the basis of the recommendations and information

submitted by the Valencia Orange Ad­ministrative Committee, established un­der the said amended marketing agree­ment and order, and upon other avail­able information, it is hereby found that the limitation of handling of such Va­lencia oranges, as hereinafter provided, will tend to effectuate the declared policy of the act.

(2) It is hereby further found that it is impracticable and contrary to the pub­lic interest to give preliminary notice, engage in public rule-making procedure, and postpone the effective date of this section until 30 days after publication hereof in the F ederal R egister (5 U.S.C. 1001-1011) because the time interven­ing between the date when information upon which this section is based be­came available and the time when this section must become effective in order to effectuate the declared policy of the act is insufficient, and a reasonable time is permitted, under the circumstances, for preparation for such effective time; and good cause exists for making the provisions hereof effective as hereinafter set forth. The committee held an open meeting during the current week, after giving due notice thereof, to consider supply and market conditions for Valen­cia oranges and the need for regulation; interested persons were afforded an op­portunity to submit information and views at this meeting; the recommenda­tion and supporting information for reg­ulation during the period specified herein were promptly submitted to the Depart­ment after such meeting was held; the provisions of this section, including its effective time, are identical with the aforesaid recommendation of the com­mittee, and information concerning such provisions and effective time has been disseminated among handlers of such Valencia oranges; it is necessary, in order to effectuate the declared policy of the act, to make this section effective during the period herein specified; and compliance with this section will not require any special preparation on the part of persons subject hereto which cannot be completed on or before the effective date hereof. Such committee meeting was held on April 16, 1964.

(b) Order. (1) The respective quanti­ties of Valencia oranges grown in Ari­zona and designated part of California which may be handled during the period beginning at 12:01 ajn., P.s.t., April 19, 1964, and ending a t 12:01 a.m., P.s.t., April 26, 1964, are hereby fixed as follows:

(1) District 1: 500,000 cartons;(ii) District 2: 71,543 cartons;(iii) District 3: 225,000 cartons.(2) As used in this section, “handled,”

“handler,” “District 1,” “District 2," and “District 3,” and “carton” have the same meaning as when used in said amended marketing agreement and order.(Secs. 1-19; 48 Stat. 31, as amended; 7 U.S.C. 601-674)

Dated: April 17,1964.P aul A. Nicholson,

Deputy Director, Fruit end Vegetable Division, Agricul­tural Marketing Service.

[F.R. Doc. 64-3939; Filed, Apr. 17. 1964: 11:38 a.m.j

5305Saturday, April 18, 1964[Lemon Beg. 107]

pART 910— LEMONS GROWN IN CALIFORNIA AND ARIZONA

Limitation of Handling§910.407 Lemon Regulation 107.

(a) Findings. (1) Pursuant to the marketing agreement, as amended, and Order No. 910, as amended (7 CFR Part 910; 27 F.R. 8346), regulating the han­dling of lemons grown in California and Arizona, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and upon the basis of the recommendation and information submitted by the Lemon Administrative Committee, established under the said amended marketing agreement and or­der, and upon other available informa­tion, it is hereby found that the limita­tion of handling of such lemons as here­inafter provided will tend to effectuate the declared policy of the act.

(2) I t is hereby further found that It is impracticable and contrary to the pub­lic interest to give preliminary notice, engage in public rule making procedure, and postpone the effective date of this section until 30 days after publication hereof in the F ederal R egister (5 U.S.C. 1001-1011) because the time intervening between the date when information upon which this section is based became avail­able and the time when this section must become effective in order to effectuate the declared policy of the act is insuffi­cient, and a reasonable time is per­mitted, under the circumstances, for preparation for such effective time; and good cause exists for making the pro­visions hereof effective as hereinafter set forth. The committee held an open meeting during the current week, after giving due notice thereof, to consider supply and market conditions for lemons and the need for regulation; interested persons were afforded an opportunity to submit information and views at this meeting; the recommendation and sup­porting information for regulation dur­ing the period specified herein were promptly submitted to the Department after such meeting was held; the pro­visions of this section, including its ef­fective tim e, are identical with the afore­said recommendation of the committee, and information concerning such pro­visions and effective time has been dis­seminated among handlers of such lemons; it is necessary, in order to ef­fectuate the declared policy of the act, to make th is section effective during the p?íÍod herein specified; and compliance with this section will not require any special preparation on the part of per­sons subject hereto which cannot be completed on or before the effective date hereof. Such committee meeting was held on April 14, 1964.H ,h) Order, (l) The respective quan­tities of lemons grown in California and Arizona which may be handled during the period beginning at 12:01 a.m., P.s.t., pPnl 19> 1964, and ending a t 12:01 a.m.,

-s.t., April 26, 1964, are hereby fixed as follows:

ii) District 1: 4,650 cartons;District 2: 232,500 cartons;

ii) District 3; Unlimited movement.

FEDERAL REGISTER(2) As used in this section, “handled,”

“District 1,” “District 2,” “District 3,” and “carton” have the same meaning as when used in the said amended market­ing agreement and order.(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674)

Dated: April 16,1964.'P aul A. N icholson,

Deputy Director, Fruit and Vegetable Division, Agricul­tural Marketing Service.

[F.R. Doc. 64-3876; Filed, Apr. 17, 1964; 8:52 a.m.]

Chapter XIV— Commodity Credit Cor­poration, Department of Agriculture

SUBPART B— LOANS, PURCHASES, AND OTHER OPERATIONS

PART 1427— COTTONSubpart— 1963-64 Cotton Equaliza­

tion Program— Payment-in-Kind Regulations

Sec.1427.1801 General statement.1427.1802 Administration.1427.1803 Definitions.1427.1804 Eligibility of a domestic cotton

user for payment.1427.1805 Payment rate.1427.1806 Amount due domestic cotton

users.1427.1807 Form of payment.1427.1808 Application for payment.1427.1809 Issuance of Cotton Equalization

Payment Certificates.1427.1810 Cash Advance to Payee.1427.1811 Marketing of certificates.1427.1812 Redemption of certificates.1427.1813 Issuance of balance certificates.1427.1814 Assignments.1427.1815 Satisfactory evidence of bale

openings.1427.1816 Use of cotton in manufacturing.1427.1817 Records and reports.1427.1818 Right to amend.1427.1819 Persons not eligible.

Authority : The provisions of this subpart issued under secs. 4 and 5, 62 Stat. 1070, as amended, sec. 101, Pub. L. 88-297; 15 U.S.C. 714 (b) and (c).§ 1427.1801 General statement.

In order to maintain and expand do­mestic consumption of upland cotton «produced in the United States and to prevent discrimination against the do­mestic users of such cotton, Commodity Credit Corporation (referred to in this subpart as “CCC”) will carry out a pro­gram uiider which payments will be made by the actual or constructive de­livery of payment-in-kind certificates to domestic users of bales of eligible raw upland cotton opened for consumption during the period beginning at 12:01 a.m., April 11, 1964, and ending at mid­night, July 31, 1964. Cash advances will be made to domestic cotton users who Wish CCC’s assistance in marketing the certificates earned by them under the program. I t also provides the methods by which CCC shall redeem certificates and market certificates for which its as­sistance in marketing has been re­quested.§ 1427.1802 Administration.

(a) The Farmer Programs Division, Agricultural Stabilization and Conserva-

tion Service, will administer the pro­visions of this subpart under the gen­eral supervision and direction of the Deputy Administrator, State and County Operations, Agricultural Stabilization and Conservation Service, in accordance with program provisions and policy de­termined by the CCC Board and the Executive Vice President, CCC. In the field the program will be administered through the Agricultural Stabilization and Conservation State and county com­mittees. Additional information con­cerning the operation of this program may be obtained from the State com­mittees. The New Orleans Agricultural Stabilization and Conservation Service Cbmmodity Office will maintain ac­counts and records for the program and issue sales announcements relating to certificate pools established under this subpart.

(b) Forms will be available in offices of the State committees.

(c) State and county committees, the New Orleans office, and employees there­of do not have authority to modify or waive any of the provisions of this sub­part or any amendment or supplement thereto, except as specifically authorized in this subpart.

(d) No delegation herein to a State committee, county committee, or the New Orleans office shall preclude the Executive Vice President, CCC, or his designee, from determining any question arising under the program or from re­versing or modifying any determination made by a State committee, a county committee, or the New Orleans office.

(a) Eligible cotton. “Eligible Cotton” means raw upland cotton grown in the United States of grades named in the Universal Standards for American Up­land Cotton which has a staple length of ^e-in ch or longer: Provided, how­ever, That with respect to bales opened on and after April 27,1964, before a bale of (1) reginned or repacked cotton, as defined in regulations of the Department of Agriculture under the United States Cotton Standards Act (Service and Reg­ulatory Announcement No. A.M.S. 153; Title 7, Chapter I, Part 28, of the Code of Federal Regulations), or (2) cotton which the domestic cotton user has any reason to believe may have a staple length shorter than x%6-iuch or may be below grade, may be included in an appli­cation for payment under this subpart, the domestic cotton user must obtain a Form A Classification Memorandum, an acceptable Form D Classification Memo­randum or other classification memo­randum acceptable to CCC issued for such bale of cotton by a board of cotton examiners of the U.S. Department of Agricultural showing that such bale was i^ie-iuch or longer in staple length and of a grade named in the Universal Standards for American Upland Cotton. A Form D classification of the U.S. De­partment of Agriculture will be accept­able hereunder if a representative of the county committee supervises the draw­ing, handling, packaging, and shipping of samples in accordance with CCC in­structions. (Bales of (i) foreign grown cotton, (ii) cotton shorter in staple length than ^e-inch , (iii) below grade cotton, (iv), by-products of cotton such

5306

as cotton mill waste, motes, linters, and sweepings, and (v) any cotton that has been mixed with by-products of cotton are not eligible under this subpart.) CCC’s determination as to the eligi­bility of cotton hereunder shall be final.

(b) Cotton product. “Cotton prod­uct” means any product containing cot­ton fibers that results from the manu­facture of a bale of raw cotton.

(c) Domestic cotton user. “Domestic cotton user” means an individual, cor­poration, partnership, association or other legal entity, which is regularly en­gaged in the business of opening bales of eligible cotton and manufacturing such cotton into cotton products in the United States.

(d) Bale openings. “Bale openings” means the removal of the bagging and ties from a bale of eligible cotton in a building or collection of buildings where the cotton in the bale will be used in the continuous process of manufacturing raw cotton into cotton products in the United States.

(e) United States. “United States”means the fifty States, the District of Columbia, and the territory of Puerto Rico. ' *

(f) State committee. “State commit­tee” means the Agricultural Stabiliza­tion and Conservation Committee for the State in which the bales of cotton are opened, except that in the case of cotton opened in the District of Columbia and Puerto Rico, “State committee” means the State committee for Maryland and the Caribbean Agricultural Stabilization and Conservation Service Area Office in San Juan, Puerto Rico, respectively.

(g) County committee. “County com­mittee” means the Agricultural Stabili­zation and Conservation Committee serv­ing the county or city in which the bales of cotton are located at time of sampling, except that in the case of cotton located in the District of Columbia and Puerto Rico, a t the time of sampling, “county committee” means the State committee for Maryland and the Caribbean Agricul­tural Stabilization and Conservation Service Area Office, San Juan, Puerto Rico, respectively.

(h) Public notice. “Public notice” means the filing of a notice with the F ederal R egister for publication.

(i) Gross weight. “Gross weight” means the gross weight at which the bale was purchased by the domestic cotton user: Provided, however, That if such weight cannot be furnished, a gross weight determined in some other manner and approved by the State committee will be accepted by CCC: And provided, further, That if CCC determines that a substantial portion of an industry pur­chases cotton on weights determined upon delivery of the cotton to the do­mestic cotton user’s warehouse, a do­mestic cotton user in such industry may use such delivered weights as to all cotton opened.§ 1427.1804 Eligibility o f a domestic

cotton user for payment.If a domestic cotton user opens bales

of eligible cotton during the period set forth in § 1427.1801 for use in the manu­facture of cotton product? in the United

RULES AND REGULATIONSStates, such user will be eligible to re­ceive a payment on such bales in the form of a payment-in-kind certificate, subject to the terms and conditions set forth in this subpart.§ 1427.1805 Payment rate.

The payment rate will be 6.5 cents per pound, gross weight.§ 1427.1806 Amount due domestic cot­

ton users.The amount due a domestic cotton user

under an application will be determined by multiplying the applicable payment rate by the total gross weight, as defined in § 1427.1803(1), of the bales covered by the application on which the domestic cotton user is entitled to payment.§ 1427.1807 Form o f payment.

A domestic cotton user who is entitled to payment under this subpart shall re­ceive payment in the form of a Cotton Equalization Payment Certificate (Form CCC-843), issued by the State commit­tee on behalf of CCC, except that if, a t the time of applying for payment, he requests CCC’s assistance in the market­ing of his certificate, the State commit­tee shall make a cash advance on be­half of CCC to such domestic cotton user as provided in this subpart and a certifi­cate pool will be credited with the value of the certificate earned by him.§ 1427.1808 Application for payment.

In order to obtain payments under this subpart, a domestic cotton user must sub­mit to the State committee an original and two copies of Applications for Cotton Equalization Payment, Form CCC 841 (referred to in this subpart as “Form 841”). Applications must be submitted separately for each census reporting pe­riod, but no bale may be covered by more than one Form 841. No Form 841 may be submitted later than August 31, 1964, except that an extension of such date will be granted by the State committee if it determines that the domestic cotton user has been or will be delayed in sub­mitting such form by a cause occurring without his fault or negligence. Where an application is mailed, the date of the postmark on the envelope shall be con­sidered the date of submission.§ 1427.1809 Issuance of Cotton Equali­

zation Payment Certificates.Upon receipt of a properly executed

and acceptable Form 841 and other re­quired documents, the State committee will, unless the domestic cotton user re­quests a cash advance under § 1427.1810, issue to the domestic cotton user a Cot­ton Equalization Payment Certificate (Form CCC 843) for the amount due, subject to the following terms and con­ditions:

(a) Payee. Except as provided in § 1427.1814, the certificate will be issued only to the domestic cotton user who sub­mitted the Form 841.

(b) Face value. The face value of the certificate, which will be shown in the space provided, will be the amount due the domestic cotton user under an ap­plication for payment, determined in ac­cordance with § 1427.1806, except that more than one certificate in face values

totaling the amount due will be issued if requested. A certificate shall be ac­cepted by CCC at face value, if within 30 days after the date of issuance, it is tendered to CCC for redemption in cotton or for marketing. If after such 30-day period, but not later than the expiration date of the certificate, the certificate is tendered to CCC for redemption in cot­ton or for marketing, the value at which the certificate is accepted shall be the face value minus one-hundredth of 1 percent of the face value for each day beginning on the 31st day after issuance thereof to but not including the day it is tendered to CCC for redemption or for marketing. Such reduction in value shall cover storage and carrying charges.

(c) Date of issuance. The date of is­suance shown on the certificate shall be the date the certificate is issued. Sub­stitute certificates issued to replace origi­nal certificates never received by the payee shall bear a current date of issu­ance. Substitute certificates issued to re­place other original certificates shall bear the same date of issuance as the cer­tificate being replaced.

(d) Signature and countersignature. To be valid, the certificates must be signed and countersigned by authorized representatives of CCC.

(e) Transfer. The certificate may be transferred to any person or firm, in which case the certificate must be en­dorsed by the named payee and by the holder who presents it to CCC.

(f) Expiration date. The certificate shall expire three years after date of issuance and thereafter Will not be re­deemable by CCC.§ 1427.1810 Cash advance to payee.

A cash advance shall be made by the State committee on behalf of CCC to any payee who requests CCC’s assistance in marketing a certificate earned by him under this subpart. Only the payee shall have this option. If such request is made at the time the payee applies for payment, constructive delivery of the certificate to the payee will be made by making the cash advance and crediting a certificate pool with the value of the certificate earned by him. A payee who does not request CCC’s assistance in mar­keting his certificate at such time may subsequently request CCC’s assistance in marketing his certificate by delivering it to the State committee for marketing. Such certificate shall also be credited to a certificate pool. A cash advance to a payee shall be made in the form of a CCC sight draft for the face value of the certificate earned by him less any applicable reduction in value for storage and carrying charges.§ 1427.1811 Marketing of certificates.

All certificates for which payees have requested CCC’s assistance in marketing shall be pooled by CCC and shall lose their identity as individual certificates- The amount of the certificate pool shall be the total of the value of certificates of which CCC has made constructive de­livery to the payees and the value oi the certificates presented to the State offices by the payees for marketing oy CCC. Such amount shall be equal totne amount of cash advances. CCC snai

FEDERAL REGISTER 5307Saturday, April 18, 1964

market the rights represented by pooled certificates upon terms and conditions established by the Executive Vice Presi­dent CCC, at such times and in such manner as it determines will best effec­tuate the purposes of the program.§ 1427.1812 Redemption o f certificates.

Certificates shall be redeemable in cot­ton upon terms and conditions estab­lished by the Executive Vice President, CCC, by submitting an application to the New’ Orleans Agricultural Stabilization and Conservation Service Commodity Office, 120 Marais Street, New Orleans, Louisiana.§ 1427.1813 Issuance o f balance certifi­

cates.If the full amount of the face value

of a certificate tendered by the payee or a subsequent holder for redemption in cotton is not fully redeemed in cotton, a balance certificate shall be issued to the certificate holder for the unused amount. If the amount is $3.00 or less, no balance certificate will be issued unless re­quested. The date of the balance certi­ficate shall be the date of issuance of the original certificate. Balance certificates may be tendered to CCC for redemption in cotton in the same manner as the original certificates. Balance certifi­cates issued to the payee shown on the original certificate may be surrendered by the payee to CCC for marketing.§ 1427.1814 Assignments.

No domestic cotton user shall, without the written consent of CCC, assign any right to an equalization payment under this subpart, except that certificates re­ceived by him may be transferred by endorsement as provided in § 1427.1809(e).§ 1427.1815 Satisfactory evidence of

bale openings.Evidence of bale openings of cotton,

to be satisfactory hereunder, must meet the following requirements unless other­wise approved by CCC:

(a) The domestic cotton user shall maintain ( l ) a record of the acquisition of all cotton covered by an application for payment which is adequate to estab­lish the person or firm from whom he acquired the bales and the gross weight of the cotton, (2) all classification mem­orandums which the domestic cotton user is required to obtain under this sub­part, and (3) a record of the disposition made of all cotton on which he receives Payment under this subpart.

(b) There shall be submitted with form 841, a Tag List of Cotton Bales opened, Form CCC 842 (referred to in Jhis subpart as “Form 842”). The bale tag numbers under which the cotton was

ky the domestic cotton user hall be shown on such Form 842 or on

I n c h e d list: Provided, however, That bale tag numbers under which the

was purchased are not readily he shaU furnish a Form CCC

j usting thereon or on an attached list r*1® numbers acceptable to the State committee. Such Form 842 shall con-

a certification by the domestic cottor TOj:r fbat the bale tag numbers and weights shown thereon or on the attached

list are true and correct and that to the best of his knowledge and belief, the cotton was upland cotton produced in the United States and was eligible cotton as defined in § 1427.1803(a).

(c) The domestic cotton user shall certify on the Form 842 that to the best of his knowledge and belief the official classification assigned to the cotton by a board of cotton examiners does not (and for any of the cotton for which he has not obtained a classification memoran­dum, and official classification would not) describe the cotton as either shorter than ^e-in ch in staple length or below grade.

(d) The domestic_cotton user shall certify on the application that the cotton covered thereby is eligible for payment. If it is determined by CCC that payment has been made on any bales of (1) cotton shorter than ^e-iuch staple length, (2) below grade cotton, (3) reginned or repacked cotton for which a required classification memorandum was not ob­tained, or (4) cotton which is otherwise ineligible for payment, the domestic cot­ton user shall be obligated to repay to CCC the amount of any such payment with interest at 6 percent per annum for the date of such payment to the date of repayment.§ 1427.1816

taring.Use of cotton in manufac-

By submitting a Form 841, the do­mestic cotton user shall be deemed to have agreed that the cotton covered thereby has been or will be used in the manufacture of cotton products in the United States. If any bales of eligible cotton on which a domestic cotton user obtains payment under this subpart are disposed of other than in the manufac­ture of cotton products in the United States, the domestic cotton user shall furnish full information to CCC of the bales not so used and the disposition thereof, including the name and address of the purchaser where applicable. The domestic cotton user shall pay to CCC an amount equal to the amount of the payments made by CCC on such bales plus interest at 6 percent per annum from the dates of such payments to the date of repayment.§ 1427.1817 Records and reports.

The domestic cotton user shall make available to CCC at all reasonable times, upon CCC’s request, such information and reports, and such of the domestic cotton user’s and such of his affiliates’ and subsidiaries’ books, records, and ac­counts and other documents and papers as CCC may deem pertinent to any transaction hereunder. Such records covering any plant shall be maintained for a period of five years after the date of last payment under any Form 841 covering cotton opened at the plant.§ 1427.1818 Right to amend.

CCC reserves the right to amend any and all of the provisions of this subpart at any time by giving public notice thereof.§ 1427.1819 Persons not eligible.

No Member of, or Delegate to, Con­gress, or Resident Commissioner, shall be admitted to any benefit under this sub­

part, but this provision shall not be con­strued to extend to a payment made to a corporation for its general benefit.

Note: The record keeping and reporting requirements of this announcement have been approved by, and subsequent reporting requirements will be subject to the approval of, the Bureau of the Budget in accordance with the Reports Act of 1942.

Signed a t Washington, D.C., on April 11,1964.

H. D. Godfrey, Executive Vice President,

Commodity Credit Corporation.[F.R. Doc. 64-3886; Filed, Apr. 17, 1964;

8:52 am .]

PART 1434— HONEYSubpart— Honey Price Support

RegulationsThese regulations supersede the Honey

Price Support Regulations for 1963 and subsequent crops (28 F.R. 3578) and amendments thereto with respect to 1964 and subsequent crops.Sec.1434.50 General statement.1434.51 Administration.1434.52 Eligible producers.1434.53 Eligibility requirements.1434.54 Miscellaneous requirements.1434.55 Availability, disbursement and ma­

turity of loans.1434.56 Cooperative marketing associations.1434.57 Eligible honey.1434.58 Ineligible honey.1434.59 Approved storage.1434.60 Applicable forms.1434.61 Liens.1434.62 Application fee and service charge.1434.63 Setoffs.1434.64 Determination of quantity.1434.65 Determination of quality.1434.66 Interest rate.1434.67 Transfer of producer’s interest pro­

hibited.1434.68 Insurance.1434.69 Loss or damage to honey.1434.70 Personal liability of the producer.1434.71 Loans.1434.72 Release of the honey under loan.1434.73 Liquidation of loans.1434.74 Purchase from producers.1434.75 Settlement of loans and purchases.1434.76 Foreclosure.1434.77 Support rates.1434.78 Charges not to be assumed by CCC.1434.79 Handling payments and collections

not exceeding $3.00.1434.80 Death, incompetency, or disappear­

ance.1434.81 ASCS Commodity Offices and Data

Processing Center.Authority : The provisions of this subpart

issued under sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. 714b. Interpret or apply sec. 5, 62 Stat. 1072, secs. 201, 401, 63 Stat. 1052, 1054; 15 UJ5.C. 714c, 7 U.S.C. 1446, 1421.§ 1434.50 General statement.

This subpart contains the regulations which set forth the requirements with respect to price support for the 1964 crop of extracted honey and each subsequent crop of extracted honey for which a pro­gram is authorized. An eligible pro­ducer is required, as a condition prece­dent to receiving price support, to obtain approval of an application for price sup­port filed with the county office. Ap­proval of such an application will entitle an eligible producer to obtain price sup­port from CCC through loans on and

5308 RULES AND REGULATIONSpurchases of eligible honey. Loans will be evidenced by notes and secured by chattel mortgages on eligible honey in approved storage. On or after the pur­chase date for honey, the producer may sell to CCC any or all of his eligible honey, which is not security for a price support loan, by delivering the honey to CCC. As used in this subpart “CQC” means the Commodity Credit Corpora­tion and “ASCS” means the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture.§1434.51 Administration.

(a) Responsibility. The Parmer Pro­grams Division, ASCS, will administer the provisions of this subpart under the general direction and supervision of the Deputy Administrator, State and County Operations, in accordance with program provisions and policy deter­mined by the CCC Board and the Execu­tive Vice President, CCC. In the field, such provisions will be administered by the Agricultural Stabilization and Con­servation State and County Committees (hereinafter called State and county committees), ASCS .commodity offices and, the ASCS Data Processing Center.

(b) Documents. Any member of the county committee, the county office man­ager, or other employee of the county office designated by the county office manager to act in his behalf is author­ized to approve documents in accordance with the provisions of this program ex­cept where otherwise specified in this subpart. Any such designation shall be in writing and a copy thereof shall be on file in the county office.

(c) Limitation of authority. The au­thority conferred by this subpart to ad­minister the honey price support pro­gram does not include authority to modify or waive any of the provisions of this subpart.

(d) State committee. The State dom- mittee may take any action authorized or required by this subpart to be taken by the county committee which has not been taken by such committee. The State committee may also (1) correct or require a county committee to correct any action taken by such county com­mittee which is not in accordance with this subpart or (2) require a county committee to withhold taking any action which is not in accordance with this subpart.

(e) Executive Vice President, CCC. No delegation of authority herein shall preclude the Executive Vice President, CCC, or his designee, from determining any question arising under this subpart or from reversing or modifying any de­termination made pursuant to a delega­tion of authority in this subpart.§ 1434.52 Eligible producers.

(a) Producer. An eligible producer shall be an individual, partnership, cor­poration, estate, trust, or other legal entity, who extracts honey produced by bees owned by him, or a cooperative marketing association which qualifies as an eligible producer under § 1434.56 and meets the requirements for eligibility for price support contained in this subpart.

(b) Estates and trusts. A receiver of an insolvent debtor’s estate, an executor or an administrator of a deceased per­son’s estate, a guardian of an estate of a ward or an incompetent person, and trustee of a trust estate will be considered to represent the insolvent debtor, the deceased person, the ward or incompe­tent, and the beneficiary of a trust re­spectively, and the production of the receiver, executor, administrator, guard- ism or trustee shall be considered to be the production of the person he repre­sents. Loan or purchase documents ex­ecuted by such legal representative will be accepted by CCC only if they are legally valid and such person has the au­thority to sign the applicable documents.

(c) Eligibility of minors. A minor who is otherwise an eligible producer shall be eligible for price support only if he meets one of the following require­ments: (1) The right of majority has been conferred on him by court proceed­ings or statute; (2) a guardian has been appointed to manage his property and the applicable price support documents are signed by the guardian; (3) any note signed by the minor is cosigned by a fi­nancially responsible person; or (4) a bond is furnished under which a surety guarantees to protect CCC from any loss incurred for which the minor would be liable had he been an adult.

(d) Approval by State committee. If a producer has been convicted of a crim­inal act or has made a misrepresenta­tion in connection with any price sup­port program or has unlawfully disposed of any loan collateral or if the county committee has had difficulty in settling a loan with the producer because of his failure to protect properly the mortgaged commodity or for other reasons, the pro­ducer may be denied price support until the State committee is satisfied that both he and the honey offered for price support meet the eligibility requirements of the program and that CCC will be fully protected against any possible loss.

(e) Joint loans. Two or more eligible producers may obtain a joint loan on eligible honey produced and extracted by them if stored in the same storage facility. Each producer who obtains a joint loan will be jointly and severally liable for the obligations under the loan documents and this subpart.§ 1434.53 Eligibility requirements.

(a) Filing application. A producer must file an application for price sup­port on a form prescribed by CCC. Ap­proval of an application by a representa­tive of the county committee shall be a condition precedent to a producer’s eligibility for price support through loans from and purchases by CCC.

(b) Beneficial interest. To be eligible for price support, the beneficial interest in the honey must be in the producer tendering it as security for a loan or for purchase and must always have been in him, or in him and a former producer whom he succeeded as owner of the bees before the honey was extracted. In the case of a cooperative marketing associa­tion, the beneficial interest in the honey must have been in the producer-members who delivered the honey to the associa­tion or to member associations or must

always have been in them and former producers whom they succeeded before the honey was extracted. Honey ac­quired by an association shall not be eligible for price support if the pro­ducer-members who delivered the honey to the association or member associa­tions do not retain the right to share proportionately in the proceeds from the marketing of the honey as provided in § 1434.56(1).

(c) Succession of interest. To meet the requirements of succession to a for­mer producer, the rights, responsiblities and interest of the former producer with respect to ownership of the bees which produced the honey shall have been sub­stantially assumed by the person claim­ing succession. Mere purchase of the honey prior to extraction without ac­quisition of any additional interest in the production unit shall not constitute succession.

(d) Doubtful cases. Any producer or association in doubt as to whether his interest in the honey complies with the requirements of this section, before ap­plying for price support, should make available to the county committee all pertinent information which will permit a determination to be made by CCC.§ 1434.54 Miscellaneous requirements.

(a) Revenue stamps. Farm Storage Note, Mortgage and Security Agreements must have State and documentary rev­enue stamps afffxed thereto when re­quired by law.

(b) Execution of documents—other than producer. Any legal entity which has an interest in storing, processing or merchandising honey for which price support is requested and any represent­ative of such legal entity shall not be eligible to secure price support on such honey as an agent for a producer throûgh the use of a power of attorney, except that this provision shall not apply when the representative of such legal entity is serving in a capacity of farm manager for such producer.§ 1434.55 A vailability, disbursement

and maturity o f loans.(a) Where to apply. Application for

price support should be made at the local ASCS county office of the county in which the honey is stored. An approved coop­erative marketing association must make application a t the ASCS county office for the county in which the principal office of the association is located unless the State committee designates some other ASCS county office. In the case of an association having operations in two or more States, application may be made a t the county office for the county jbn which its principal office for each such State is located.

(b) Availability date, producers de­siring price support must file an applies-“ tion no later than December 31 of the year in which the honey was produced and extracted.

(c) Final date for loans and maturity date. Loans shall be available through April 30 of the year following the year in which the honey was produced and extracted. Unless demand is made ear­lier, loans shall mature on the following May 31. When thé final dates of avail-

Saturday, April 18, 1964

ability or the maturity date falls on a nonwork day for ASCS county offices, the applicable final dates shall be ex­tended td include the next work day.

(d) Disbursement of loans. Disburse­ment of loans will be made to producers by ASGS county offices by means of loan drafts drawn on CCC or by credit to the producer’s account. The producer shall not present the loan documents for dis­bursement unless the honey covered by the mortgage is in existence. If the honey was not inexistence at the time of disbursement, the total amount dis­bursed under the loan shall be refunded promptly by the producer.§ 1434.56 Cooperative marketing asso­

ciations.A cooperative marketing association

which meets the requirements of this section shall be deemed an eligible pro­ducer and shall be eligible for price sup­port on eligible honey through coopera­tive storage loans and purchases. An association desiring to qualify as an eligible producer shall submit annually an application for determination of such eligibility to the State committee of the State where the association’s principal office is located no later than July 1 of the year in which the honey to be offered for price support is produced.

(a) Producer-owned and controlled. The association must be a producer- owned cooperative marketing association of producers under the control of its producer-members. The association shall submit with its application a de­tailed statement of its method of opera­tions showing the manner in which pro­ducer-members have control of the association.

(b) Articles or bylaws provisions. Ex­cept as otherwise; provided in this para­graph tiie articles of incorporation or association or the bylaws of the associa­tion m ust provide for: (1) An annual membership meeting a t a location which will provide reasonable opportunity for all members to attend and participate, (2) a notice of all district, area, special or annual meetings to be given to all members affected by such meeting, (3) membership in the association to be open to all producers.of honey except that producers may be denied membership on a reasonable basis, including among other reasons that the membership of the producer would be inimical to the effective operation of the association, (4) voting on election of officers and direc­tors by secret ballot, when there have been more nominees than there are va­cancies to be filled, (5) a single vote for each member regardless of the number of shares of stock owned or controlled by him or voting rights for each member based on his production of honey mar­keted by the association during the cur­rent year or a single preceding year, but whichever of the preceding bases of vot- mg is practiced it shall be uniform for all members of the association, and (6) each member receiving a summary finan- cial statem ent prepared by the inde­pendent accountant who made the annual audit of the association. The requirements of subparagraphs (4), (5) and (6) of this paragraph may be pro-

No. 77------a

FEDERAL REGISTERvided for by resolution of the board of directors of the association.

(c) Financial condition. The associa­tion must be on-a financially sound basis. The association shall submit with its application evidence establishing that its operation is on a financially sound basis.

(d) Operations. The association (II must have been in existence and con­ducting, legitimate marketing operations mr its producer-members for a period of not less than two years prior to the date of its application, or (2) ■ must submit evidence that it is so organized and staffed as to provide effective marketing operations for its producer-members.

(e) Conflict of interest. The associa­tion must submit with its application a detailed report concerning all transac­tions, except those which are no differ­ent than transactions entered into by the association with its general membership, for the year preceding the date of the application! (1) With any director, of­ficer, or employee of the association or any of his close relatives, (2) with any partnership in which any such person or any of his close relatives are entitled to receive a percentage of the gross profits, (3) with any corporation in which any such person or any of his close relatives own stock, (4) with any business entity from which any such person or any of his close relatives re­ceived fees for transacting business with or on behalf of the association, or (5) with any business entity in which art agent, director, officer or employee of the association was an agent, director, officer or employee of such business en­tity. A close relative shall be deemed to refer to a husband or a wife or a person related as child, parent, brother, or sister by blood, adoption, or marriage and shall include in-laws within such categories of relationship. The report must include, but is not limited to, transactions in­volving purchases, sales, processing, "handling, marketing, transportation, warehousing, insurance and related ac­tivities. A statement must also be sub­mitted indicating whether any transac­tions of the kind described in this para­graph are contemplated in the period between the date of the application and the end of its next fiscal year and if any such transaction is contemplated, a de­tailed statement of the reasons therefor.

< The association shall not be eligible for price support unless it establishes that any such transactions in the year pre­ceding the date of application and dur-

. ing the period beginning with the date of the application and ending a t the con­clusion of its next fiscal year, have not and will not operate to 'th e detriment of members of the association.

(f) Uniform marketing agreement. All eligible honey which is delivered to the association by .producer-members and which is included in a pool consist­ing in whole or in part of honey on which price support is obtained from CCC must be marketed through the association pursuant to a uniform marketing agree­ment between the association and each of its producer-members who delivered such eligible honey .

(g) Purchased and non-member honey. Honey purchased from pro­ducer-members by a cooperative market-

5309

ing association in which the producer- members do not retain the right to share in the proceeds of marketing as provided in paragraph (1) of this section, and honey purchased or acquired from non­members is not eligible for price support.

(h) Member business. Not less than 80 percent of the honey marketed by the association must be produced by its pro­ducer-members. Honey purchased by the association from CCC shall not be considered in determining the volume of honey marketed for members and non-members.

(i) Vested authority. The associa­tion must have authority to obtain a loan on the security of the lioney and give a lien thereon as well as authority to sell such honey.

(j) Records maintained. The associ­ation must maintain a record of the , quantity of honey eligible, for pripe sup­port delivered to the association from each member. Separate records must be maintained for honey purchased or ac­quired by the association which is~ ineli­gible for price support and must show the source and disposition of such honey.

(k) Segregated storage. The associa­tion must maintain a physical segre­gation of eligible honey received from eligible producer-members. Price sup­port may be obtained by the association only on the quiantity of eligible honey so segregated which remains undisposed of in its inventory a t the time of appli­cation for price support thereon.

(l) Distribution of proceeds. The association may establish separate pools for honey acquired from its members. Proceeds of marketing of any pool which consists in whole or in part of honey on which price support is obtained from CCC must be distributed only to mem­bers participating in such pool on a proportionate basis according to the quality and quantity of the honey de­livered by each member which is in­cluded in such pool. All honey included in such pool must be eligible for price support and must have been produced and extracted by eligible producers who are members of the association. Allo­cations of costs and expenses as between separate pools must be made in accord­ance with sound accounting principles and practices. Any losses. incurred by the association in marketing honey not included in a pool consisting in whole or in part of honey on which price support is obtained from CCC may not be as­sessed against the proceeds of marketing of such a pool.

(m) Inspection by CCC. Honey held by an association must be available for inspection by CCC at all reasonable times so long as the association has honey under price support. The books and records of the association relating to each year’s honey must be available to CCC for Inspection a t all reasonable times during the period beginning with the date of the application for approval for price support and ending five years after the loan maturity date for such year’s honey.

(n) Member associations. For pur­poses of meeting the requirements of paragraph (a) of this section, an associa­tion otherwise eligible for price support

5310 RULES AND REGULATIONSwhich includes in its membership other associations composed of producer-mem­bers shall be eligible for price support if all such member associations meet the requirements for price support under this section. The requirements of paragraph (i) of this section shall be deemed to be satisfied if all such member associations have the right to deliver to the associa­tion applying for price support eligible honey delivered by their producer-mem­bers and to authorize the association ap­plying for price support to sell the honey and to obtain a loan on the security of the honey and to give a lien thereon. The association applying for price sup­port shall: (1) In its charter, bylaws, marketing contracts or by other legal means require that its member associa­tion meet the requirements for price sup­port under this section, (2) submit the material and certifications required by paragraphs (c), (d), and (el of this section with respect to each member as­sociation, (3) certify to CCC that its member associations are in fact eligible for price support under the requirements of this section, and (4) except for the requirement that it consist of producers, otherwise qualify for price support under this section.

(0) Eligibility determinations. ^De­terminations with respect to the eligibil­ity of cooperative marketing associations of producers under this section for either cooperative-storage loans or purchases or both, shall be made by the Executive Vice President, CCC.

(p) Investigations. CCC shall have the right a t any time after an applica­tion is received to examine all records and make such investigations deemed necessary to determine whether the co­operative is operating in accordance with its articles of incorporation, bylaws, agreements with producers or member associations and with the representa­tion made in its application.§ 1434.57 Eligible honey.

Honey must meet the requirements of this section in addition to other appli­cable requirements of the program in order to be eligible for a loan or for de­livery under a loan or purchase. Honey described in § 1434.58 is not eligible.

(a) Production. The honey must have been produced and extracted in the continental United States by an eligible producer during the year in which ap­plication is made for price support,

(b) Containers. The honey must be packed in metal containers of a capacity of not less than 5 gallons nor greater than 70 gallons and of a style used in normal commercial practice in the honey industry.

(1) Five-gallon. The 5-gallon con­tainers must contain approximately 60 pounds of honey and shall be new, clean, sound, uncased and free from appreci­able dents and rust. The handle of each container must be firm and strong enough to permit carrying the filled can. The cover must be fitted with a gasket and the cover and can opening must not^ be .damaged in any way that will pre­vent a tight seal. Cans which are punc­tured or have been punctured and re­sealed by soldering will not be acceptable.

(2) Steel drums. Steel drums must be filled to their rated capacities and be new, or used drums which have been re­conditioned inside and outside. They must be clean, treated to prevent rusting and fitted with gaskets which provide a tight seal.§ 1434.58 Ineligible honey.

(a) Floral source. Honey from the following floral sources isnot eligible for price support regardless of whether it meets other eligibility requirements; Andromeda, Athel, Bitterweed, Broom- weed, Cajeput, Carrot, Chinquapin, Dog Fennel, Desert Holly Hock, Gumweed, Mescal, Onion, Prickly Pear, Prime, Queen’s Delight, Rabbit Brush, Snow­brush (Ceanothus), Snow-on-the-Moun- tain, Tarweed, and similar objectionably flavored honey or blends of honey as de­termined by the Director, Farmer Pro­grams Division, ASCS. If any blends of honey contain such ineligible honey, the lot as a whole shall be considered in­eligible for loan or delivery for purchase.

(b) Contamination or poisonous sub­stances. Honey which is contaminated or which contains chemicals or other substances poisonous to man or animals is not eligible for price support.§ 1434.59 Approved storage.

Loans shall be made only on honey in approved storage as defined in this section

(a) Farm and cooperative storage. Approved farm cooperative storage shall consist of a storage structure located on or off the farm (excluding public ware­house) which is determined by a repre­sentative of the county committee to af­ford safe storage for honey.

(b) Segregation of loan collateral. Storage structures usfed for storage of honey covered by more than one loan must be partitioned to preserve- the identity of the honey covered by each loan. Partitions must also be used to segregate honey covered by a loan from any other honey stored in the same stor­age structure.

(c) Purchase. Purchases will be made by CCC without regard to whether the honey is in approved storage.§ 1434.60 Applicable forms.

The forms for use in connection with this program shall be as prescribed by CCC.

If there are any liens or encumbrances on the honey, waivers that will fully protect the interest of CCC must be ob­tained, even though the liens or en­cumbrances are satisfied from the loan or purchase proceeds. No additional liens or encumbrances shall be placed on the honey after a loan has been approved.§ 1434.62 Application fee and service

charge.(a) Application fee. A producer shall

pay a fee of $3.00 for each application for price support. This application fee is not refundable.

(b) Service charges. A service charge of one cent per hundredweight, in addi­tion to the application fee, shall be paid by producers a t time of settlement on the quantity of honey delivered to CCC.

§ 1434.63 Setoffs.(a) Facility and drying equipment

loans. If any installment or install­ments on any loan made by CCC on farm- storage facilities or drying equipment are payable under the provisions of the note evidencing such loan out of any amount due the producer under these regulations, the amount due the pro­ducer, after deduction of service charges and amounts due prior lienholders, shall bfe applied to such installment(s).

(b) Producers listed on county debt record. If a producer is indebted to CCC or to any other agency of the United States and such indebtedness is listed on the county debt record, amounts due the producer under the program provided in this subpart, after deduction of amounts payable on farm-storage facilities or dry­ing equipment and other amounts pro­vided in paragraph (a) of this section, shall be applied as provided in the Sec­retary’s Setoff Regulations, Part 13 of this title (23 F.R. 3757), to such indebtedness.

(c) Producer’s r i g h t . Compliance with the provisions of this section shall not deprive the producer of any right he might otherwise have to contest the just­ness of the indebtedness involved in the setoff action either by administrative ap­peal or by legal action.§ 1434.64 Determination of quantity.

(a) For loan purposes. The estimated quantity of honey placed under loan shall be determined as provided in § 1434.71. The estimate shall be made on the basis of 12 pounds for each gallon of rated capacity of the container.

(b) At time of acquisition. The quan­tity of honey acquired by CCC on de­livery under loan or delivery for purchase shall be determined under the direction of the State committee. The quantity determination of honey acquired in 5- gallon cans shall be, the number of cans time the average net weight of honey per can rounded to the nearest whole pound or 60 pounds per can, whichever is lower. The quantity determination of honey acquired in larger containers shall be the actual net weight of the honey. The quantity determined shall be the net weight of the honey before sampling.§ 1434.65 Determination of quality.

(a) Quality for loan. Loans will be be made on the basis of the floral source, color and class (table or nontable), of the honey as declared by the producer at the

/ time it is placed under loan.• (5) Samples for delivery. Whenhoney is delivered to CCC, its quality and color shall be determined by the Proc­essed Products Standardization and In­spection Branch, Fruit and Vegetable Division, AMS (herein called “AM S”) in accordance with U.S. Standards for Grades of Extracted Honey on the basis of samples drawn by an AMS inspector. The cost of sampling and inspection shallnot be for the account of CCC.

(c) Segregation by color. Table honey shall, insofar as is practicable, be segre­gated into lots by color to conform witn the color categories stated in § 1434.7a If a lot of honey is not segregated so that it can be certified as on color ***o p n n v r lq n n n nrifV» fV io TT PI S t i l l l d f l r d S IOx

FEDERAL REGISTER 5311Saturday, April 18, 1964

Grades of Extracted Honey, the rate for settlement under a loan or purchase shall be based on the darkest color shown on the inspection certificate: Provided, That if the inspection certificate a t time of delivery to CCC shows that the lot of honey contains more than two colors and if the number of samples of the darkest color shown on such certificate is not more than one-sixth of the total number of samples, the color for the purpose of settlement shall be the next lighter color.

(d) Segregation by classes. If the honey is not segregated sp that it can be classified as table honey, the rate for set­tlement under a loan or purchase shall be based on the support rate for non­table honey.

(e) Blends. In the case of blends of table and nontable honeys, the rate for settlement under a loan or purchase shall be based on the support rate for nontable honey.§ 1434.66 Interest rate.

Loans shall bear interest at the rate announced in a separate notice published in the F ederal R egister.§ 143467 Transfer of producer’s inter­

est prohibited.The producer shall not transfer either

his remaining interest in or his right to redeem honey mortgaged as security for a loan, nor shall anyone acquire such interest or right. Subject to the provi­sions of § 1434.72, a producer who wishes to liquidate all or part of his loan by con­tracting for the sale of the honey must obtain written prior approval of the county office on a form prescribed by CCC to remove the honey from storage. Any such approval shall be subject to file terms and conditions set out in the applicable form, copies of which may be obtained by producers or prospective purchasers at the ASCS county office.§ 1434.68 Insurance.

CCC will not require the producer to Insure the honey placed under loan; however, if the producer insures such honey and an indemnity is paid thereon, such indemnity shall inure to the benefit of CCC to the extent of its interest, after first satisfying the producer’s equity in the honey involved in the loss.§ 1434.69 Loss or damage. *

The producer is responsible for any loss in quantity or quality or change in color of the honey placed under loan, Notwithstanding the foregoing, any such loss or change in color occurring after disbursement of the lo^n funds will be assumed by CCC to the extent of the settlement value at the time of destruc­tion of the quantity of the honey de­stroyed up to a quantity not in excess of that required to secure the oustanding loan (or, if the honey is not destroyed, m an amount equivalent to the extent of the loss or damage or change in color, as determined by CCC), less any insurance

which CCC may be entitled if *Vess any salva&e value of the honey f„„.. Producer establishes to the satis- cnnrf?« °* ea°h the following flao ^ons: *a* A physical loss or dam-

occurred to the honey without fault,

negligence, or conversion on the part of the producer; (b) the physical loss or damage resulted solely from an external cause (other than insect infestation, ver­min, or animals) such as theft, fire, lightning, inherent explosion, windstorm, cyclone, tornado, flood, or other act of God; (c) the producer gave the county office immediate notice of such loss or damage; and (d) the producer made no fraudulent representation in the loan documents or in obtaining the loan. No loss on the value of the honey caused by a change in color will be assumed by CCC unless the change in color is the di­rect result of one or more of the causes listed in .paragraph (b) of this section and the producer otherwise meets the requirements of this section. No physi­cal loss or damage to or change in color of the honey which occurred prior to disbursement of the loan funds to the producer will be assumed by CCC.§ 1434.70 Personal liability o f the pro­

ducer.(a) Fraud relating to loans and un­

lawful disposition. The making of any fraudulent representation by a producer in the loan documents (including the application for price support) in obtain­ing a loan, or in connection with settle­ment dr delivery under a loan, or the unlawful disposition of any portion of the honey by him will render the pro­ducer subject to criminal prosecution under Federal law. Any such loans shall become payable upon demand and the producer shall be personally liable, aside from any additional liability under crim­inal and civil frauds statutes, for the amount of the loan, for any additional amount paid to the producer in connec­tion with the honey, and for all costs Which CCC would not have incurred had it not been for the producer’s fraudulent representation or unlawful disposition, together with interest on such amounts. If a producer has made any such fraud­ulent representation or any unlawful dis­position, the amount for which he shall be credited will be the market value of the honey as determined by CCC on the date of delivery to or removal from stor­age by CCC, or the sales price if the honey is sold by CCC in order to deter­mine its market value. If the unlawful disposition of loan collateral is deter­mined by CCC not to have been willful conversion, the value of the honey or part thereof delivered to CCC or removed by CCC shall be the same as the settle­ment value for eligible honey acquired by CCC as provided in this subpart.

(b) Fraud relating to purchases: If the producer has made a fraudulent rep­resentation in a price support purchase by CCC or in the purchase documents (including the application for price sup­port) , he shall be personally liable, aside from any additional liability under crim­inal or civil frauds statutes, for any loss which CCC sustains upon the honey de­livered under the purchase. For the purpose of this program, such loss shall be deemed to be the price paid to the producer on the honey delivered under the purchase plus all costs sustained by CCC in connection with the honey to­

gether with interest on such amounts, less the market value, as determined by CCC, as of the close of the market on the date of delivery, or the sales price if the honey is sold in order to determine its market value.

(c) Overdisbursement. If the amount disbursed under a loan or purchase ex­ceeds the amount authorized under this subpart, the producer shall be personally liable for repayment of the amount of such excess.

(d) Contamination or poisonous sub­stances. A producer shall be personally liable for any damages resulting from delivery to CCC of contaminated honey or honey containing chemicals or other substances poisonous to man or animals.

(e) Joint loans. In the case of joint loans, tide personal liability for the amounts specified in this section shall be joint and several on the part of each producer signing the note.§ 1434.71 Quantity for loan.

Loans shall be made on 90 percent, or such other lessor percentage determined by the State committee, of the estimated quantity of the eligible honey stored in approved farm storage and covered by a chattel mortgage. The State com­mittee’s determination shall be on a State-wide basis or for specified areas within the State. The county committee may lower the above percentages on an individual basis when determined to be in the best interests of CCC. Loans may be made on less than the maximum quantity bligible for loan at the pro­ducer’s request. In any event, the mort­gage shall cover all of the honey in the lot in which the honey on which the loan is made is stored.§ 1434.72 Release o f the honey under

loan.(a) Obtaining release. A producer

shall not remove honey covered by a chattel mortgage until he has received prior approval in writing from the county committee. A producer may, a t any time, obtain release of all or part of the honey remaining under loan by paying to ,CCC the amount of the loan made with respect to the quantity of honey released plus interest. When the pro­ceeds of a sale of honey are needed to repay all or part of a loan, see § 1434.67.

(b) Release of chattel mortgage. The chattel mortgage shall not be released until the loan has been satisfied in full. After satisfaction of a loan, the county office manager shall release the chattel mortgage.§ 1434.73 Liquidation of loans.

(a) General. Except with respect to the loss or damage CCC will assume under § 1434.69, the producer is required to pay off his loan or deliver to CCC a sufficient quantity of eligible honey hav­ing a price support value equal to the outstanding balance of the loan. De­liveries may be either of the identical honey which, is subject to the chattel mortgage or of other eligible honey and shall be made in accordance with written instructions issued by the county office which shall set forth the time and place

5312

of delivery. Any quantity delivered in excess of the quantity necessary to settle the amount due on the loan may be sold to CCC under § 1434.74. Delivery points shall be limited to those recommended by the State committee and approved by the Minneapolis Commodity Office.

(b) Notice to county committee. If the producer desires to deliver the honey to CCC he must give the county commit­tee notice in writing of his intention to do so within a reasonable time prior to the applicable loan maturity date.

(c) Honey going out of condition. If, either before or after maturity, the honey is going out of condition, the producer shall so notify the county office and con­firm such notice in writing. If the coun­ty committee determines that the honey is going out of condition or is in danger of going out of condition and that the honey cannot be satisfactorily condi­tioned by the producer, and delivery can­not be accepted within a reasonable length of time, the county committee shall arrange for an inspection and grade and quality determination. When de­livery is completed, settlement shall be made subject to the provisions of § 1434.69 on the basis of such grade and quality determination or on the basis of the grade and quality determination made a t the time of delivery, whichever is higher, for the quantity actually delivered.

(d) Delivery "before maturity date. The honey may be delivered before the maturity date of the loan upon prior approval by the county committee in the event the bees are sold, the honey is going out of condition, or the producer dies or upon authorization of the Ex­ecutive Vice President, CCC, for other reasons. Settlement will be made on the basis of the quantity, floral source, color, and quality delivered by the producer.

(e) Storage deduction for early de­livery. If the loan maturity date is ac­celerated upon request of the producer and with the approval of CCC, the settle­ment value of the honey shall be reduced by one-twentieth of a cent per pound per month or fraction thereof, from the date delivery is accomplished, or from the final date for delivery shown in the de­livery Instructions, whichever is earlier, to and including the original loan ma­turity date.§ 1434.74 Purchases from producers.

(a) General. An eligible producer, whose application for price support has been approved by CCC, may sell to CCC any or all of his eligible honey other than the quantity mortgaged to CCC under a loan. The producer is not obligated, however, to sell any quantity of his honey to CCC. Delivery points for honey under purchase shall be limited to those recom­mended by the State committee and ap­proved by the Minneapolis Commodity Office.

(b) Notify county committee. A pro­ducer must notify the county committee of his intention to sell. Such notice must be given within a reasonable period of time prior to the applicable loan matu-

RULES AND REGULATIONSrity date. Such period will be prescribed by the county committee in a notice mailed to the producer.§ 1434.75 Settlement of loans and pur­

chases.(a) General. Settlement with pro­

ducers for honey acquired by CCC under loans or purchases, entered into pur­suant to this subpart, will be made as provided in this subpart. The support rate per pound of honey at which settle­ment will be made shall be the rate for the State where the producer made ap­plication for price support.

(b) Ineligible honey inadvertently ac­cepted by CCC. If ineligible honey is inadvertently accepted by CCC, the set­tlement value shall be the market value as of the date of delivery as determined by CCC. The provisions of § 1434.70 shall be applicable to settlement on in­eligible honey where there has been a fraudulent representation on the part of the producer.

(c) Payments of amount due producer. If the settlement value of the honey de­livered exceeds the amount due on the loan (excluding interest), such excess amount shall be paid to the producer. Any payment due the producer on either a loan or purchase will be made by sight draft drawn on CCC by the county office.

(d) Payment of deficiency by pro­ducer. If the settlement value of the honey is less than the amount due on the loan (excluding interest), the amount of any deficiency plus interest thereon shall be paid to CCC, except as provided in § 1434.69. If it is not promptly paid, CCC may, in addition to any of its other rights, satisfy the amount of such de­ficiency plus interest out of any payment which would otherwise be due the pro­ducer under any agricultural program administered by the Secretary of Agri­culture or any other payments which are due or may become due the producer from CCC or any other agency of the United States.

(e) Storage where CCC is unable to take delivery. A producer may be re­quired to retain the honey under loan or for sale to CCC for 60 days after ma­turity without any cost to CCC. How­ever, if CCC is unable to take delivery of the honey within the 60-day period after maturity, the producer shall be paid a storage payment upon delivery of the honey to CCC: Provided, That in the case of sales to CCC a storage payment shall be paid a producer only if he had properly given notice of his intention to sell the honey to CCC.

The period for earning such storage payment shall begin the day following the expiration of the 60-day period after the maturity date and extend through the earlier of : (1) The final date of de­livery, or (2) the final date for delivery as specified in the delivery instructions issued to the producer by the county of­fice, whichever is earlier. The storage payment shall be computed at the stor­age rate stated in the applicable CCC storage agreement for honey in effect at the delivery point where he delivers.

§ 1434.76 Foreclosure.(a) Removal from storage. If the

loan (i.e., the amount of the note, inter­est, and charges) is not satisfied upon maturity, CCC may remove the honey from storage, and assign, transfer, and deliver the honey or documents evidenc­ing title thereto at such time, in such manner, and upon such terms as CCC may determine, at public or private sale. Any such disposition may similarly be effected without removing the honey from storage. The honey may be proc­essed before sale and CCC may become the purchaser of the whole or any part of the honey.

(b) When CCC takes title to honey. Upton maturity and nonpayment of the producer’s note, at CCC’s election, title to all or any part of the unredeemed honey securing the note as CCC may designate shall, without a sale thereof, immediately vest in CCC. Whenever CCC acquires title to the unredeemed honey, CCC shall have no obligation to pay for any market value which such honey may have in excess of the loan indebtedness, i.e., the unpaid amount of the note plus interest and charges.

(c) Payments to producer. Nothing herein shall preclude the making of the following payments to the producer, or to his personal representative only, with­out right of assignment to or substitution of any other party: (1) Any amount by which the'settlement value of the col­lateral honey exceeds the principal amount of the loan, or (2) the amount by which the proceedLs of sale exceed the loan indebtedness including interest and charges if the collateral honey is sold to third person? rather than CCC acquiring full title to such collateral honey.

(d) Honey sold at less than amount due on loan. If honey which CCC does not elect to take title pursuant to para­graph (b) of this section is removed by CCC from storage and is sold at less than the amount due on the loan (excluding interest), the producer shall pay to CCC the difference between the amount due on the loan and the higher of the sales proceeds or the settlement value of the honey removed by CCC, plus interest on such difference. The amount of the deficiency may be set off against any payment which would otherwise be due the producer under any agricultural pro­gram administered by the Secretary of Agriculture, or any other payments which are dues or may become due the producer from CCC, or any other agency of the United States.§ 1434.77 Support rales.

The support rate for the quality of 1964-crop honey placed under loan or ac­quired under lban or purchase shall be the rate for the respective class and color set forth below. An amendment to this section shall be issued annually to set forth the support rate for the then eurrent crop of honey.

Saturday, April 18,1964 FEDERAL REGISTER 5313

Class and colorFor Montana, Wyoming,

Colorado, New Mexico and States

West thereof

All States East of Montana, Wyoming, Colorado and

New Mexico

Cents per Cents perTable honey: pound pound

1, White and lighter---- 12.0 12.92. Extra light amber---- 11.0 11.9

9.5 10.44; Other table honey—- 7.5 8.4

Nontable honey—.......... 7.5 8.4

(a) Table honey. Table honey means honey having a good flavor of the pre­dominant floral source which can be readily marketed for table use in all parts of the county. Such sources include Alfalfa, Bird’s-foot Trefoil, Blackberry, Brazil Brush, Catsclaw, Clover, Cotton, Firewood, Gallberry, Huajillo, Lima Bean, Mesquite, Orange, Raspberry, Sage, Saw Palmetto, Sourwood, Star Thistle, Sweetclover, Tupelo, Vetch, Western Wild Buckwheat, Wild Alfalfa, and similar mild-flavors, or blends of mild-flavored honeys, as determined by the Director, Farmer Programs Division, ASCS.

(b) Nontable honey. Nontable honey means honey having a predominant flavor of limited acceptability for table use but considered to be suitable for table use in areas in which it is produced. Such honeys include those with a pre­dominant flavor of Aster, Avocado, Buckwheat (except Western Wild Buck­wheat), Cabbage Palmetto, Dandelion, Eucalyptus, Goldenrod, Heartsease (Smartweed), Horsemint, Mangrove, Manzanita, Mint, Partridge Pea, Rattan Vine, Safflower, Salt Cedar (Tamarix Gallica), Spanish Needle, Spikeweed, Titi-Toyon (Christmas Berry), Tulip- Poplar, Wild Cherry, and similarly fla­vored honey, or blends of such honeys, as determined by the Director, Farmer Programs Divisipn, ASCS.§ 1434.78 Charges not to be assumed by

CCC will not assume any charges for insurance, storage, inspection to deter­mine settlement value or h andling or processing.

• § 1434.79 Handling payments and col­lections not exceeding $3.00.

In order to avoid administrative costs of making small payments and handling small accounts, amounts of $3.00 or less which are due the producer will be paid *9nAUpon b*s request. Deficiencies of

¡HP® or less, including interest, may be disregarded unless demand for payment is made by CCC.§ 1434.80 Death, incompetency, or dis­

appearance.In case of the death, incompetencj

orfr£Pjaf ance any Producer wh ntitied to the payment of any sun ttlement of a loan or a purchase,

payment of such sum shall be madi or Persons who would

hJ ? sucil Producer’s payment m i e ^ a t io n s contained in §§ 14

1472-1154 of this chapter (I ment program for Shorn Wool and w X 1 Lambs (Pulled Wool), 27 F.R.

^ary l, 1962), upon proper ap

cation to the office of the county com­mittee which made the loan or purchase.§ 1434.81 ASCS Commodity Office and

Data Processing Center.The Minneapolis Commodity Office

serves all States for honey. Accounting, recording and reporting for all States will be handled through the Data Pro­cessing Center, 8930 Ward Parkway, Post Office Box 205, Kansas City, Missouri, 64141.

Effective date. Upon publication in the F ederal R egister.

Signed at Washington, Q.C., on April 15,1964.

E . A. J a e n k e ,Acting Exécutive Vice President,

Commodity Crédit Corporation.[F.R. Doc. 64-3845; Filed, Apr. 17, 1964;

8:52 a.m.]

Title 9— ANIMALS AND ANIMAL PRODUCTS

Chapter I— Agricultural ResearchService, Department of Agriculture

SUBCHAPTER C— INTERSTATE TRANSPORTATION OF ANIMALS AND POULTRY

PART 74— SCABIES IN SHEEP Interstate Movement

Pursuant to the provisions of sec­tions 1 through 4 of the Act of March 3, 1905, as amended, sections 1 and 2 of the Act of February 2, 1903, as amended, and sections 4 through 7 of the Act of May 29, 1884, as amended (21 U.S.C. 111-113, 115, 117, 120, 121, 123-126), §§ 74.2 and 74.3 of Part 74, Subchapter C, Chapter i, Title 9, Code of Federal Regulations, as amended, are hereby appended to read, respectively, as follows:§ 74.2 Designation of free and infected

areas.(a) Notice is hereby given that sheep

in the following States, territories, and District, or parts thereof as specified, are not known to be infected with scabies, and such States, territories, District, and

i parts thereof, are hereby designated as free areas:

(1) Alabama, Alaska, Arizona, Ar­kansas, California, Colorado, Connecti­cut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Louisi­ana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Okla­homa, Oregon, Puerto Rico, Rhode Is­land, South Carolina, South Dakota, Texas, Utah, Vermont, Virgin Islands of the United States, Washington, Wiscon­sin, and Wyoming;

(2) The following counties in Illinois: Bond, Clay, Clinton, Lawrence, Madison, Marion, and Richland; and all counties in the State of Illinois lying south thereof;

(3) All counties in Kansas except Cloud, Ellsworth, Harper, Jewell, Repub­lic, and Sedgewick;

(4) All counties in Minnesota except Lincoln and Rock;

(5) The following counties in Mis­souri: Cole, Cooper, F rank lin , Gascon­ade, Jackson, Lafayette, Moniteau, Osage, St. Louis, and Saline; and all counties in the State of Missouri lying south thereof;

(6) The following counties in Nebras­ka: Arthur, Banner, Blaine, Brown, Chase, Cherry, Cheyenne, Deuel, Dun­dy, Garden, Grant, Hooker, Keith, Keya Paha, Kimball, Loup, Perkins, Rock, Scotts Bluff, Sheridan, and Thomas;

(7) All counties in New Mexico ex­cept those portions of Lincoln County and Socorro County lying within the area bounded by a line beginning at a point oh U.S. Highway No. 54 where said highway crosses the Lincoln-Torrance county line at the town of Corona, New Mexico, and thence, running in a west­erly direction along the Lincoln-Tor­rance county line and the Socorro-Tor- rance county line to New Mexico State Highway No. 10; thence, running in a southerly and southeasterly direction along New Mexico State Highway No. 10 to its intersection with U.S. Highway No. 54; thence, running in a southerly direction along U.S. Highway No. 54 to its intersection with U.S. Highway No. 380 at the town of Carrizozo, New Mexi­co; thence, running in a southeasterly direction along U.S. Highway No. 380 to its intersection with New Mexico State Highway No. 48 a t the town of Capitan, New Mexico; thence, running in an east­erly direction along New Mexico State Highway No. 48 to its intersection with the Lincoln-Chaves county line; thence, running northward along the Lincoln- Chaves county line and the Lincoln-De Baca county line to the northeast cor­ner of Lincoln County; thence, running westerly along the Lincoln-Guadalupe county line to its intersection with the Lincoln-Torrance county line; thence, running southerly along the Lincoln- Torrance county line to the southeast comer of Torrance County; thence, run­ning westerly along the Lincoln-Tor­rance county line \o the point of begin­ning a t the town of Corona, New Mexico;

(8) All counties in Pennsylvania ex­cept Chester;

(9) All counties in Virginia except Augusta and Highland.

(b) Notice is hereby given also that sheep scabies exists in all States and territories and parts of States not desig­nated as free areas in paragraph (a) of this section, and they are hereby desig­nated as infected areas.§ 74.3 Designation o f eradication areas.

(a) Notice is hereby given that sheep in the following States, or parts thereof as specified, are being handled system­atically to eradicate scabies in sheep, and such States, and parts thereof, are hereby designated as eradication areas:

(1) Iowa, Kentucky, Ohio, Tennessee, and West Virginia;

(2) All counties in Illinois except Bond, Clay, Clinton, Lawrence, Madison, Marion, and Richland; and all counties in the State of Illinois lying south thereof;

5314

(3) The following counties in Kan­sas: Cloud, Ellsworth, Harper, Jewell, Republic, and Sedgewick;

(4) The following counties in Minne­sota: Lincoln and Rock;

■ (5) All counties in Missouri except Cole, Cooper, Franklin, Gasconade, Jack- son, Lafayette, Moniteau, Osage, St. Louis, and Saline; and all counties in the State of Missouri lying south thereof;

(6) All counties in Nebraska except Arthur, Banner, Blaine, Brown, Chase, Cherry, Cheyenne, Deuel, Dundy, Gar­den, Grant, Hooker, Keith, Keya Paha, TCimhn.ll, Loup, Perkins, Rock, Scotts Bluff, Sheridan, and Thomas;

(7) The designated parts of the fol­lowing counties in New Mexico: Those portions of Lincoln County and Socorro County lying within the area bounded by a line beginning at a point on U.S. High­way No. 54 where said highway crosses the Lincoln-Torrance county line at the town of Corona, New Mexico; and thence, running in a westerly direction along the Lincoln-Torrance county line and the Socorro-Torrance county line to New Mexico State Highway No. 10; thence, running in a southerly and southeasterly direction along New Mexi­co State Highway No. 10 to its inter­section with U.S. Highway No. 54; thence, running in a southerly direction along U.S. Highway No. 54 to its intersection with U.S. Highway No. 380 a t the town of Carrizozo, New Mexico; thence, running in a southeasterly direction along U.S. Highway No. 380 to its intersection with New Mexico State Highway No. 48 a t the town of Capitan, New Mexico; thence, running in an easterly direction along New Mexico State Highway No. 48 to its intersection with the Lincoln-Chaves county line; thence, running northward along the Lincoln-Chaves county line and the Lincoln-DeBaca county line to the northeast comer of Lincoln County; thence, running westerly along the Lin- coln-Guadalupe county line to its inter­section with the Lincoln-Torrance coun­ty line; thence, running southerly along the Lincoln-Torrance county line to the southeast comer of Torrance County; thence, running westerly along the Lin­coln-Torrance county line to the point of beginning a t the town of Corona, New Mexico;

(8) The following county in Pennsyl­vania: Chester;

(9) The following counties in Vir­ginia: Augusta and Highland.(Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 Stat. 1264, as amended, 1265, as amended^ 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126; 19 F.R. 74, as amended)

Effective date. The foregoing amend­ment shall become effective upon publi­cation in the F ederal R egister.

The amendment adds the County of Republic in the State of Kansas to the list of infected and eradication areas and deletes such edunty from the list of free areas as sheep scabies is known to exist therein. After the effective date of this

RULES AND REGULATIONSamendment, the restrictions pertaining to the interstate movement of sheep from or into infected and eradication areas as contained in 9 CFR Part 74, as amended, will apply to such county.

The amendment imposes certain re­strictions necessary to prevent the spread of scabies, a communicable disease of sheep, and must be made effective im­mediately ip order to accomplish its pur­pose in the public interest. Accordingly, under section 4 of the Administrative Procedure Act (5 U.S.C. 1003), it is found upon good cause that notice and other public procedure with respect to the amendment are impracticable and con­trary to the public interest, and good cause is found for making the amend­ment effective less than 30 days after publication in the F ederal R egister.

Done at Washington, D.C., this 14th day of April 1964.

M. R. C larkson, Acting Administrator,

Agricultural Research Service.(F.R. Doc. 64-3846; Filed, Apr. 17, 1964;

8:52 Am.]

Title 12— BANKS AND BANKINGChapter I— Bureau of the Comptroller

of the Currency, Department of the Treasury

PART I— INVESTMENT SECURITIES^ REGULATION

Bond Anticipation Notes Issued by New York State Housing Finance Agency

§ 1.135 Bond anticipation notes issued by the New York State Housing Finance Agency.

(a) Request. The Comptroller of the Currency has been requested to rule on the application of the 10 percent limita­tion of paragraph Seventh of 12 U.S.C. 24 to bond anticipation notes issued by the New York State Housing Finance Agency.

(b) Opinion. The Agency issues bond anticipation notes and upon the issuance of the bonds provides for the funding of these notes by the deposit of bond pro­ceeds sufficient to pay the principal of the notes in trust for the sole purpose of paying such principal. The funds de­posited are required to be invested in di­rect obligations of the United States, ma­turing not later than the maturity date of the notes.

(c) Ruling., When the proceeds from the Agency bonds are deposited, the notes are not thereafter considered obligations of the issuer for the purpose of computing the 10 percent limitation prescribed by 12 U.S.C. 24 on the holdings of the in­vestment securities of any one obligor.

Dated: April 10, 1964.[seal] J ames J . Saxon,

Comptroller of the Currency.[FJR. Doc. 64-3826; Filed, Apr. 17, 1964;

8:48 a.m.]

PART 1— INVESTMENT SECURITIES REGULATION

Bonds of State Public School Building Authority of Pennsylvania

§ 1.136 Stale Public School Building Authority o f the Commonwealth of Pennsylvania Series N Bonds.

(a) Request. The Comptroller of the Currency has been requested to rule that the $25 million School Lease Revenue Bonds, Series N, of the State Public School Building Authority of the Com­monwealth of Pennsylvania are eligible for purchase, dealing in, underwriting and unlimited holding by National Banks under paragraph Seventh of 12 U.S.C. 24.

(b) Opinion. (1) The State Public School Building Authority was created in 1947 by an act of the General As­sembly of the Commonwealth of Penn­sylvania, as a body corporate and politic, a public corporation and a governmental instrumentality. The purpose of the Authority is the construction, improve­ment, maintenance, operation; furnish­ing and equipping of public school build­ings for use as a part of the Public School System of the Commonwealth of Pennsylvania. In order to provide funds for this purpose, the Authority has been authorized to issue its bonds and to pledge its revenues and its full faith and credit for the payment thereof. It is not authorized, however, to pledge the credit or the taxing power of the Com­monwealth or any of its school districts.

(2) The proceeds from the sale of the bonds of the Authority will be used to refund certain outstanding bonds of the Authority and for school building proj­ects which are to be leased to School Districts of the Commonwealth. The leases will provide for payment, out of the current revenues of the School Dis­trict, of annual rentals substantially in excess of the annual principal and inter­est requirements on the bonds. Penn­sylvania law authorizes School Districts to enter into leases with the Authority and to levy ad valorem real estate taxes without limitation as to rate or amount to pay the rentals provided for in such leases. State school subsidies include reimbursement to School Districts in ac­cordance with a statutory formula and approval procedure for a portion of the rental paid to the Authority on approved projects. The bonds will be direct and general obligations of the Authority and will be secured equally with all other bonds of the Authority, issued or to be issued, by the full faith and credit of the Authority and by the pledge of rentals payable by School Districts on projects leased from the Authority.

(3) The Supreme Court of Pennsyl­vania has passed favorably on the con­stitutionality of the Act creating tne Authority, has ruled that the curren revenues of a School District inclu e taxes for the ensuing year, State school subsidies and other revenues, and t a the long term commitment of a Schoo

FEDERAL REGISTERSaturday, April 18, 1964 5315

District to use current revenues to pay annual rentals to the Authority does not violate the municipal debt limitation of the Pennsylvania Constitution.

(4) The bonds of the Authority are the general obligations of a public au­thority of the Commonwealth of Penn­sylvania. The resources of the Author­ity include the lease rental obligations of Pennsylvania School Districts which possess .powers of general property taxa­tion and in addition receive from the Commonwealth school subsidy payments under an established statutory program. The Commonwealth has thus made ap­propriate provisions and provided ade­quate resources for the payment of the bond obligations of its duly constituted School Building Authority and the lease rental obligations of its School Districts.

(c) Ruling. Following the principles and definitions set forth in paragraphs(d) and (e) of § 1.3 and applied in rulings on the Virginia Public School Au­thority and on Authorities of the Com­monwealth of Pennsylvania (§§ 1.124, 1.125, 1.129), it is our conclusion tjiat the School Lease Revenue Bonds, Series N, of the State Public School Building Authority of the Commonwealth of Pennsylvania are eligible for purchase, dealing in; underwriting and unlimited holding under paragraph Seventh of 12 U.S.C. 24.

Dated: April 8, 1964.[seal] . J ames J . Saxon,

Comptroller of the Currency.[FJR. Doc. 64-3827; Filed, Apr. 17, 1964;

8:48 a.m.]

PART 1— INVESTMENT SECURITIES REGULATION

Delaware River and Bay Authority Revenue Bonds

§ 1«137 Delaware River and Bay Author* ity revenue bonds.

(a) Request. The Comptroller of the Currency has been requested to rule that the $103,000,000 Revenue Bonds of the Delaware River and Bay Authority are eligible for investment by National Banks and banks in the District of Columbia under the provisions of paragraph Sev­enth of 12 U.S.C. 24.,(b) Opinion. (1) The bonds are be­

ll1 issued for the purposes of paying the rt!r?ce b.e cos constructing an

additional bridge across the Delaware River immediately adjacent to The Dela­ware Memorial Bridge, the cost of con- E H f t t certain improvements and

ca^ons The Delaware Memorial 1 +e ai}d the balance of the cost of

^»ructing and acquiring a public ferry r across Delaware Bay betweenDefawaS^' NeW Jersey and Lewes’

pubject issue consists of reve R iliSSJSP be issued by The Delawar. DoijtfAnd Bay Authority which is a bod: of an agency of the gov£mmenSPv , . 3 ates of Delaware and New Jer thesp i \ 1962 by a comPact betweei v e L ^ States f.or the Purpose of de- ing Yhf the area in both States, border-

Delaware River and Bay foi

transportation, port and terminal pur­poses. Only the tolls and other revenues to be derived from the sources hereto­fore described are pledged as security for the bonds.' The bonds do not pledge the credit of the States of Delaware or New Jersey or of any agency or political sub­division thereof and do not create a debt or liability of the States of Delaware or New Jersey or of any agency or political subdivision thereof.

(3) The subject bonds are to be issued under and secured by a trust agreement which provides for fixing and revising charges for traffic using the Authority Facilities and for the deposit of a suffi­cient amount of charges, over and above the amount necessary for the payment of current expenses, to a special sinking fund for debt service of all bonds issued under .the trust agreement. AU revenues derived from any other crossing facility owned and operated by the Authority will be deposited in the Revenue Fund and applied in the same manner.

(4) The Compact between the States of Delaware and New Jersey by which the Authority was created contains a covenant by which said States agree that so long as any obligations of the Author­ity remain outstanding and unpaid, neither of said States will authorize any structure or facility adapted for public use in crossing the Delaware River or Bay between the States within pre­scribed geographic boundaries by any person or body other than the Authority unless adequate provision shall be made for the protection of those advancing money upon such obligations.

(5) The First Bridge, which has been in operation since August 16, 1951, is a vital link in the heavily traveled route between New England and Washington, P.C. Net operating revenues enabled the Authority to retire by September 1963, $39,290,000 of the $48,600,000 of bonds issued to construct and improve the First Bridge. The remaining principal in­debtedness of $9,310,000 was refunded by the proceeds of short term notes is­sued on September 16, 1963, which are due on June 15, 1964. The construction of the second structure for The Delaware Memorial Bridge is expected to result in a significant increase in revenues through the inducement of a larger traf-§c volume on The Delaware Memorial

ridge. I t is estimated that revenues from the crossing facilities of the Au­thority will cover principal and interest requirements from 1.51 to 1.71 times during the next ten years and from 1.71 to 2.73 times from 1974 to 2003. The earnings records and financial state­ments of the Authority warrant the con­clusion that the subject bonds fall within § 1.5(a) and are therefore, subject to the limitation of § 1.6(a). However, bankers are reminded that they must determine on the basis of their own review whether securities are suitable for their own in­vestment.

(c) Ruling. It is the conclusion of this Office that the above described reve­nue bonds of The Delaware River and Bay Authority are eligible for invest­ment by National Banks and banks in the District of Columbia within the lim­

itations of paragraph Seventh of 12 U.S.C. 24.

Dated: April 14,1964.[seal] J ames J . Saxon,

Comptroller of the Currency.[F.R. Doc. 64-3828; Filed, Apr. 17, 1964;

8:49 a.m.]

Chapter II— Federal Reserve SystemSUBCHAPTER A— BOARD OF GOVERNORS OF THE

FEDERAL RESERVE SYSTEM[Reg. R]

PART 218— RELATIONS WITH DEAL­ERS IN SECURITIES UNDER SECTION32, BANKING ACT OF 1933

Securities Affiliate of Brokerage Firm§ 218.108 Interlocking relationship in­

volving securities affiliate o f broker­age firm.

(a) The Board of Governors was asked recently whether section 32 of the Banking Act of 1933 (“section 32”), 12 U.S.C. 78, prohibits the interlocking service of X as a director of a member bank of the Federal Reserve System and as a partner in a New York City broker­age firm (“Partnership”) having a cor­porate affiliate (“Corporation”) engaged in business of the kinds described in section 32 (“section 32 business”) .

(b) Section 32, subject to an exception not applicable here, provides that “No officer, director, or employee of any cor­poration or unincorporated association, no partner or employee of any partner­ship, and no individual, primarily en­gaged in the issue, flotation, underwrit­ing, public sale, or distribution, a t whole­sale or retail, or through syndicate par­ticipation, of stocks, bonds, or other simi­lar securities, shall serve the same time as an officer, director, or employee of any member bank * * *”.

(c) From the information submitted it appears that Partnership, a member firm of the New York Stock Exchange, is the successor of two prior partnerships, in one of which X had been a partner. This prior partnership had been found not to be “primarily engaged” in section 32 business. The other prior partner­ship, however, had been so engaged. By arrangement between the two prior firms, Corporation was formed chiefly for the purpose of carrying, on the section 32 business of the prior firm that had been “primarily engaged” in that business, which business was transferred to Cor­poration. The two prior firms were then merged, and the stock of Corporation was acquired by all the partners of Partnership, other than X, in propor­tion to the respective partnership inter­ests of the stockholding partners. The information submitted indicated also that two of the three directors and “some” of the principal officers of Cor­poration are partners in Partnership, al­though X is not a director or officer of Corporation.

(d) It is understood that the practice of forming corporate affiliates of broker­age firms, in order that the affiliate may carry on the securities business (such as section 32 business) with limited liability

5316 RULES AND REGULATIONS

and other advantages, has become rather widespread in recent years. Accordingly, other cases may arise where a partner in such a firm may desire to serve at the same time as director of a member bank.

(e) On the basis of the informatimi presented, the Board concluded that X, in his capacity as an “individual”, was not engaged in section 32 business. How­ever, as that information showed Cor­poration to be “priinarily engaged” in section 32 business, the Board stated that a finding that Partnership and Cor­poration were one entity for the purposes of the statute would mean that X would be forbidden to serve both the member bank and Partnership, if the one entity were so engaged. ,

(f) Paragraph .15 of Rule 321 of the New York Stock Exchange governing the formation and conduct of affiliated com­panies of member organizations states that:

Since Rule 314 provides tha t each member and allied member in a member organization must have a fixed interest in its entire busi­ness, it follows tha t the fixed interest of each member and allied member must ex­tend to the member organization’s corporate affiliate. When any of the corporate affiliate’s participating stock is owned by the members and allied members in the member organiza­tion, such holdings must a t all times be dis­tributed among such members and allied members in approximately the same propor­tions as their respective interests in the profits of the member organization. When a member or allied member’s interest in the member organization is changed, a corre­sponding change must be made in his par­ticipating interest in the affiliate.

(g) Although it was understood that X had received special permission from the Exchange not to own any of the stock of Corporation, it appeared to the Board that Rule 321.15 would apply to the re­maining partners. Moreover, other paragraphs of the rule forbid transfers of the stock, except under certain cir­cumstances to limited classes of persons, such as employees of the organization or estates of decedent partners, without permission of the Exchange.

(h) The information supplied to the Board clearly indicated that Corporation was formed in order to provide Partner­ship with an “underwriting arm”, under Rule 321 of the Exchange, the partners (other than X) are required to own stock in Corporation because of their partner­ship interest, would be required to sur­render that stock on leaving the partner­ship, and incoming partners would be required to acquire such stock. Further­more, Rule 321 speaks of a corporate affiliate, such as Corporation, as a part of the “entire business” of a member organization.

(i) On the basis of the foregoing, the Board concluded that Partnership and Corporation must be regarded as a single entity or enterprise for purposes of sec­tion 32.

(j) The remaining q u e s t i o n was whether the enterprise, as a whole, should be regarded as “primarily en­gaged” in section 32 business. The In­formation presented stated that the total dollar volume of section 32 business of Corporation during the first eleven months of its operation was $89 million.

The gross income from section 32 busi­ness was less than half a million, and represented about 7.9 percent of the in­come of Partnership. The Board was advised that the relatively low amount of income from section 32 business of Corporation was due to special costs, and to the condition of the market for mu­nicipal and State bonds during the past year, a field in which Corporation spe­cializes. Corporation is listed in a stand­ard directory of securities dealers, and holds itself out as having separate de­partments to deal With the principal un­derwriting areas in which it functions.

(k) In view of the above information, the Board concluded that the enterprise consisting of Partnership and Corpora­tion was “primarily engaged” in section 32 business. Accordingly, the Board stated that the partners in Partnership, including X, were forbidden by that sec­tion and by this Part 218 (Reg. R ), issued pursuant to the statute, to serve as of­ficers, directors, or employees of any member banks.(12 TJ.S.C. 78)

Dated a t Washington, D.C., this 9th day of April 1964.

B oard op G overnors of the F ederal R eserve S ystem ,

[seal] M erritt S herman,Secretary.

[F.R. Doc. 64-3806; Filed, Apr. 17, 1964;8:45 a.m.]

Title 14-AERONAUTICS AND SPACE

Chapter I— Federal Aviation Agency SUBCHAPTER E— AIRSPACE [NEW! [Airspace Docket No. 63—WE—20]

PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS [NEW!

Alteration and Designation of Control Zones, Revocation of, Control Area Extension, Designation of Transi­tion Areas, and Alteration and Rev­ocation of Federal AirwaysOn August 16, 1963, a notice of pro­

posed rule making was published in the F ederal R egister <28 F.R. 8416) stating that the Federal Aviation Agency (FAA) proposed to alter Federal airways and a control zone, designate a control zone and transition areas, and revoke a con­trol area extension in the Spokane, Wash., terminal area. On January 23, 1964, a supplemental notice of proposed rule making was published amending the original proposal <29 F.R. 573).

Interested persons were afforded an opportunity to participate in the rule making through submission of comments. There were no adverse comments on the proposal as revised in the supplemental notice. v /:

The substance of the proposed amend­ments having been published and for the reasons stated in the notices, the following actions are taken:

1. Section 71.171 (29 F.R. HOI) [s amended as follows:

a. The Spokane, Wash., control zone is amended to read:Spokane, Wash. (International).

Within a 5-mile radius of the Spokane In­ternational Airport (latitude 47°37'35" N., longitude 117°32'05" W.), and within 2 miles each side of the Runway 21 extended center- line, extending from the 5-mile radius zone to 6 miles SW of the lift-off end of Run­way 21, excluding the portion W of a line extending from latitude 47°32'45'r N., longi­tude 117°35'00" W., to latitude 47°40'57" N„ longitude 117°36'00'' W.

b. The following control zone is added:Spokanef Wash. (Fairchild AFB).

Within a 5-mile radius of Fairchild AFB (latitude 47°36'55” N., longitude 117°39'20" W.); withip. 2 miles each side of the Runway 23 extended centerline, extending from the 5-mile radius zone to 4 miles SW of the lift-1 off end of Runway 23; and within 2 miles each, side of the Spokane International Air-, port Runway 21 extended centerline, extend­ing from the runway to 6 miles SW of the lift-off end of Runway 21, excluding the portion E of a line extending from latitude 47°32'45'' N., longitude 117°35'00'' W., to latitude 47°40'57'' N., longitude 117“36'00" W.

2. Section 71.181 (29 F.R. 1160) is amended by adding the following transi­tion areas:Spokane, Wash.

That airspace extending upward from 700 feet above the surface within a 15-mile radius of the Spokane International Airport (lati­tude 47®87'35'' N., longitude 117°32'05” W.); and that- airspace extending upward from 1,200 feet above the surface within a 38-mile radius of Fairchild AFB, Spokane (latitude 47°36'55'> N.,longitude 117°39'20” W.), with­in a 52-mile radius of Fairchild AFB, extend­ing clockwise from the Spokane VORTAC 024® radial to a line 5 miles S of' and parallel to the Spokane VORTAC 094° radial, and clockwise from a line 5 miles NE of and paral­lel to the Spokane VORTAC 156° radial to the Spokane VORTAQ 800® radial; and that air­space S of Spokane extending from the 52- mile radius area bounded on the E by longi­tude 117®32'00'' W., on the S by V-586, and on the W by V-281; tha t airspace extending upward from 7,000 feet MSL within the area bounded by the arcs of 38 and 52-mile radius circles centered on Fairchild AFB, extending clockwise from the Spokane VORTAC 300 to the 024® radials; and that airspace ex­tending upward from 6,000 feet MSL within the area bounded by arcs of 38 and 52-mi radius circles centered on Fairchild extending clockwise from a line 5 miles So and parallel to the S p okane VORTAC 094

-radial to a line 5 miles NE of and parallel to the Spokane VORTAC 156° radial, exclud­ing the portion within a 39-mile radius Larson AFB, Moses Lake, Wash.Coeur d'Alene, Idaho..

T hat airspace extending upward *ronl feet above the surface w ithin a 5-mil? radiu of Coeur d’Alene Air Terminal (latitude 47®46'30'' N., longitude 116°49'05 W.), anw ithin 2 miles each side of the 181 .bearings from latitude 47° 41'30' N., 8*tude 116°47'34" W., extending fro m ttt 5-mile radius area to 8 miles S of latltuu 47®41'30" N., longitude 116®47'34 W.

3. In § 71.165 (29 FH. 1073) the¡Spo­kane, Wash., control area extension isrevoked. £ - ' oc0,\a ~ _« __m loo /oo p p 1009. 2693/is amended as follows:

a. V-444 is revoked.b. V—448 is amended to read:

FEDERAL REGISTER 5317Saturday, April 18, 1964V-448 From Yakima, Wash., to Ephrata,

Wash.c. In V-2 “Spokane, Wash.; ” is deleted

a n d “Spokane, Wash., including an S alternate via INT of Ephrata 096° and Spokane 221° radials;” is substituted therefor, and “INT of Spokane 125° and Mullan Pass 260° radials” is deleted and “INT of Spokane 109° and Mullan Pass 260° radials” is substituted therefor. (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348)

These amendments shall become ef­fective 0091 e.s.t., June 25, 1964.

Issued in Washington, D.C., on April10,1964.

H. B. H elstrom,Acting Chief, Airspace Regulations

and Procedures Division.[F.R. Doc. 64-3807; Filed, Apr. 17, 1964;

8:45 a.m.]

[Airspace Docket No. 63-WE-60]

PART 71— d esig n a tio n o f fed er a l AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS [NEW]Alteration of Control Zone and

Transition Area

2. In § 71.181 (29 F.R. 1160) the Poca­tello, Idaho, transition area is amended to read:Pocatello, Idaho.

That airspace extending upward from 700 feet above the surface within 5 miles SE and 4 miles NW of the Pocatello ILS localizer NE course, extending from the arc of a 5-mile radius circle centered on the Pocatello Municipal Airport (latitude 42°54'35'' N., longitude 112°35'25'' W.) to 8 miles NE of the OM; within the area bounded on the W by a line 2 miles W of and parallel to the Pocatello VOR 015° radial, on the SE by a line 4 miles NW of and parallel to the Poca­tello ILS localizer NE course, on the NE by the arc of a 13-mile radius circle centered on the Pocatello VOR, and. on the S by the arc of a 5-mile radius circle centered on the Pocatello Municipal Airport; and tha t air­space extending upward from 1,200 feet abqve the surface within 9 miles E and 6 miles W of the Pocatello VOR 167° radial, extending from the VOR to 18 miles S of the VOR; within 9 miles N and 8 miles S of the Pocatello VOR 252° radial, extending from the VOR to 18 miles SW of the VOR, and within 6 miles SE and 10 miles NW of the Pocatello VOR 045° radial, extending from the VOR to 27 miles NE of the VOR.(Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348)

These amendments shall become ef­fective 0001 e.s.t., June 25,1964.

On December 12,1963, a notice of pro­posed rule making was published in the Federal Register (28 F.R. 13465) stat­ing that the Federal Aviation Agency proposed to alter the control zone and transition area at Pocatello, Idaho.

Interested persons were afforded an opportunity to participate in the rule making through submission of com­ments. Due consideration was given to all relevant matter presented.

Subsequent to publication of the no­tice, it was determined that the currently effective Pocatello ADF-1 instrument ap­proach procedure would require an ad­ditional control zone extension or a re­alignment of the inbound course ten degrees counterclockwise if the straight- in approach capability is to be retained. The Air Transport Association of America opposed the implementation of this proposal unless action is taken to re­tain the straight-in approach capability for the ADF-1 procedure. Action is be­ing taken to realign the inbound course of the ADF-l instrument approach pro­cedure. This requires a slight increase in the size of the 700 and the 1,200 foot transition areas to protect the final ap­proach area and the procedure turn area. The description of the Pocatello transition area as proposed is altered herein to include the necessary addi­tional controlled airspace.

The substance of the proposed amend­ments having been published and for the reasons stated herein and in the notice, the following actions are taken:

*?§ 71.171 (29 F.R. 1101) the Poca- eiio, Idaho, control zone is amended to

Pocatello, Idaho.a 5_mile radius of Pocatello Mun

<latitude 42°54'35'' N., Ion ea ^ 35'25" W.), and within 2 mifiwT^ide of the Pocatello VOR 252° radimiio* from the 5-mile radius zone t< miles W of the VOR.

No. 77-----4

Issued in Washington, D.C., on April10,1964.

H. B. H elstrom,Acting Chief, Airspace Regulations

and Procedures Division.[F.R. Doc. 64-3808; Filed, Apr. 17, 1964;

8:45 a.m.]

[Airspace Docket No. 63-SW-100]PART 71— DESIGNATION OF FEDERAL

AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS [NEW]

Revocation of Federal Airway Seg­ments and Alteration of Transition AreaOn January 14, 1964, a notice of pro­

posed rule making was published in the F ederal R egister (29 F.R. 324) stating that the Federal Aviation Agency (FAA) was considering an amendment to Part 71 [New] of the Federal Aviation Regu­lations by revoking a segment of VOR

, Federal airway No. 79 from Fort Stock- ton, Tex., to Hobbs, N. Mex.

Interested persons were afforded an opportunity to participate in the rule making through submission of comments but no comments were received.

Subsequent to publication of the notice, it was determined that the Mid­land, Tex., transition area is bounded in part by Victor 79. Action is taken here­in to substitute geographical coordinates for Victor 79 in the description of the transition area. In addition, Victor 79 west alternate is codesignated with VOR Federal airway No. 102 between Hobbs and Lubbock, Tex. This airway segment traverses Reese No. 2, Intensive Student Jet Training Area and was designated for continuity with Victor 79 to provide a shorter route from Fort Stockton to Lubbock when Reese No. 2, Intensive Student Jet Training Area was not in

use. Since this segment of Victor 79 west alternate would no longer serve the purpose for which it was designated and since Victor 102$ will continue to serve this route between Hobbs and Lubbock, action is taken herein to revoke the seg­ment of Victor 79 west alternate from Hobbs to Lubbock.

Since the alteration of the Midland transition area is editorial in nature and the revocation of Victor 79 west alter­nate is minor in nature and will not in­volve the assignment of airspace, and since neither change will impose an un­due burden on any person, notice and public procedure hereon are unnecessary.

In consideration of the foregoing, the following actions are taken:

1. In § 71.123 (29 F.R. 1009) the fol­lowing change is made: V-79 is altered to read:V-79 From Hobbs, N. Mex., via the INT of

Hobbs 077° and Lubbock, Tex., 188° radials; to Lubbock.

2. Section 71.181 (29 F.R. 1160) is amended as follows: In the Midland, Tex., transition area “extending from the W boundary of V-79” is deleted and “extending W from a line between lati­tude 32°06'45" N., longitude 103°07'50" W., and latitude 32°15'35" N., longitude 103°07'00" W.” is substituted therefor. (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348)

These amendments shall become effec­tive 0001 e.s.t., June 25, 1964.

Issued in Washington, D.C., on April 10, 1964.

H. B. H elstrom,Acting Chief, Airspace Regulations

and Procedures Division. [F.R. Doc. 64-3809; Filed, Apr. 17, 1964;

8:46 a.m.]

[Airspace Docket No. 63-WE-l 12]PART 71— DESIGNATION OF FED­

ERAL AIRWAYS, CONTROLLED AIR­SPACE, AND REPORTING POINTS [NEW]

Revocation of a Segment of Federal Airway

On January 23, 1964, a notice of pro­posed rule making was published in the F ederal R egister (29 F.R. 573) stating that the Federal Aviation Agency pro­posed to revoke VOR Federal airway No. 74 segment from Hugo, Colo., to Garden City, Kans.

Interested persons were afforded an opportunity to participate in the rule making through submission of com­ments, but no comments were received.

The substance of the proposed amend­ment having been published and for the reason stated in the notice, § 71.123 (29 F.R. 1009) is amended as follows: In V-74 “From Hugo, Colo., via INT of Hugo 112° and Garden City, Kans., 296° radials; Garden City;” is deleted and “From Garden City, Kans., via” is sub­stituted therefor.(Sec>307(a), 72 Stat. 749; 49 U.S.C. 1348)

This amendment shall become effec­tive 0001 e.s.t., June 25, 1964.

5318 RULES AND REGULATIONS

Issued in Washington, D.C., on April 10, 1964.

H . B . H elstrom,Acting Chief, Airspace Regulations

and Procedures Division.[FJR. Doc. 64-3810; Filed, Apr. 17, 1964;

8:46 a.m.]

[Airspace Docket No. 63—WE-116]PART 71— d es ig n a t io n o f f e d ­

er a l AIRWAYS, CONTROLLED AIR­SPACE, AND REPORTING POINTS [NEW!

Revocation of Segment of Federal Airway

On January 24, 1964, a notice of pro­posed rule making was published in the F ederal R egister (29 F.R. 614) stating that the Federal Aviation Agency pro­posed to revoke VOR Federal airway No. 182 segment from Douglas, Wyo., to Chadron, Nebr.

Interested persons were afforded an opportunity to participate in the rule making through submission of com­ments, but no comments were received.

The substance of the proposed amend­ment having been published and for the reason stated in the notice, § 71.123 (29 F.R. 1009, 2337) is amended as follows: In V-182 “From Douglas, Wyo.; to Chad­ron, Nebr.” is deleted.(Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348)

This amendment shall become effec­tive 0001 e.s.t., June 25,1964.

Issued in Washington, D.C., on April10,1964.

H . B . H elstrom ,Acting Chief, Airspace Regulations

and Procedures Division.[F.R. Doc. 64-3811; Filed, Apr. 17, 1964;

8:46 ajn.]

Chapter II— Civil Aeronautics Board SUBCHAPTER B— PROCEDURAL REGULATIONS

[Reg. No. PR-89]PART 302— RULES OF PRACTICE IN

ECONOMIC PROCEEDINGSPrehearing Subpena Power of Hearing

ExaminersApril 14,1964.

Adopted by the Civil Aeronautics Board at its office in Washington, D.C„ on the 14th day of April 1964.

Recommendation 30 of the Admin­istrative Conference of the United States recommends that each Federal agency provide for discovery in adjudicatory proceedings “to the extent and in the manner appropriate to its proceedings.” The Board has reviewed its rules and practices in economic proceedings in the light of this recommendation and has concluded that the prehearing confer­ence, outlined in § 302.23, provides the most effective and appropriate means, for revelation of facts by the parties be­fore formal hearing in an economic pro­ceeding.

Therefore, the existing provisions for discovery of documentary evidence are

being clarified by spelling out the ex­aminer’s authority to issue subpenas for production of documents prior to hear­ing as an adjunct of the prehearing con­ference. The examiner already has ex­press authority to compel the production of documents at a hearing, under § 302.19, but a party seeking documents for discovery purposes prior to hearing must resort to the motion procedure of § 302.18 for the issuance of a subpena under the general powers conferred upon examiners by § 302.22.

This amendment is not intended to affect the procedure for obtaining docu­ments in the Board’s custody, although the motion procedure prescribed in § 302.19(g) is limited to the production of documents at hearings. The provi­sions of § 302.19(g) are therefore being made applicable to production of Board documents prior to hearing as well.

Minor editorial changes in the present language of the section are also being made.

Since this amendment is a rule of pro­cedure that merely affirms and stand­ardizes existing practice and is not in derogation of the rights of any person, notice and public procedure hereon are not required and the regulation may be­come effective upon less than 30 days’ notice.

Accordingly, the Board hereby amends § 302.23(a) of Part 302 of the Procedural Regulations (14 CFR 302.23(a)), effec­tive April 18, 1964, to read as follows:§ 302.23 Prehearing conference.

(a) Purpose and scope of conference. Prior to any hearings there will ordi­narily be a prehearing conference before an examiner, although in economic en­forcement proceedings where the issues are drawn by the pleadings such confer­ence will usually be omitted. Written notice of the prehearing conference shall be sent by the chief examiner to all par­ties to a proceeding and to other persons who appear to have an interest in such proceeding. The purpose of such a con- ference is to define and simplify the is­sues and the scope of the proceeding, to secure statements of the positions of the parties with respect thereto and amend­ments to the pleadings in conformity therewith, to schedule the exchange of exhibits before the date set for hearing, and to arrive at such agreements as will aid in the conduct and disposition of the proceeding. For example, consideration will be given to: (1) Matters which the Board can consider without the necessity of proof; (2) admissions of fact and of the genuineness of documents; (3) re­quests for documents; (4) admissibility of evidence; (5) limitation of the num­ber of witnesses; (6) reducing of oral testimony to exhibit form; (7) procedure a t the hearing, etc. The examiner may require further conference, or responsive pleadings, or both. If a party refuses to produce documents requested by another party at the conference, the examiner may compel the production of such docu­ments prior to hearing by subpena issued in accordance with the provisions of § 302.19 as though at a hearing. Appli­cations for the production prior to hear­ing of documents in the Board’s posses­

sion shall be addressed to the examiner, in accordance with the provisions of § 302.19(g), in the same manner as pro­vided therein for production of docu­ments at a hearing. The examiner may also on his own motion or on motion of any party direct any party to the pro­ceeding (air carrier or non-air carrier) to prepare and submit exhibits setting forth studies, forecasts, or estimates on matters relevant to the issues in the proceeding.

* * * * *

(Secs. 204, 1001, and 1004 of the Federal Avi­ation Act of 1958, 72 Stat. 743, 788, 792; 49 U.S.C. 1324,1481, 1484.)

By the Civil Aeronautics Board.[ seal] M abel McCart,

Acting Secretary.[F.R. Doc. 64-3839; Filed, Apr. 17, 1964;

8:50 a.m.)

Chapter III— Federal Aviation Agency SUBCHAPTER C— AIRCRAFT REGULATIONS

[Reg. Docket No. 3031; Arndt. 715]PART 507—-AIRWORTHINESS

DIRECTIVESBoeing Models 707/720 Series

AircraftA proposal to amend Part 507 of the

regulations of the Administrator to in­clude an airworthiness directive requir­ing rework of the stabilizer and spoiler position transmitter shaft crank arms or replacement with modified crank arms and modification of the clamping bolt assemblies on Boeing Models 707 and 720 Series aircraft was published in 29 F.R. 107.

Interested persons have been afforded an opportunity to participate in the making of the amendment. One com­ment contended that the m anufacturer’s alert service bulletin adequately covered the correction of excessive grip length on bolts installed in the clamping posi­tion on the stabilizer and spoiler position transmitter arms. Therefore it was rec­ommended that the compliance time for this AD be increased to coincide with the overhaul time of the airplane or ifa shorter compliance time is necessary, to 1,000 hours’ time in service after the effective date of this AD for those air­planes on which the alert service bulletin has been previously accomplished. How­ever, the possibility of binding during installation still exists even after com­pliance with the alert service bulletin unless the bolt holes are enlarged as re­quired by the service bulletin referenced in this AD. Accordingly, the compu- ance time for this AD has not been in­creased to coincide with the time of ai - plane overhaul. However, the Agen y believes that merely increasing the com­pliance time to 1,000 hours ^ this stance would not compromise safety an“ the AD has been revised to incorporate this increase in the compliance tune.

In con sid era tio n o f th e foregoing^ , p u rsu a n t to th e a u th ority m e by th e A d m in istrator (25 § 507.10(a) of Part 507 (14 CFR Pa

FEDERAL REGISTERSaturday, April 18, 1964 5319

507), is hereby amended by adding the following new airworthiness directive:Boeing. Applies to all Models 707 and 720

Series aircraft, Serial Numbers 17586 through 17612, 17614 through 17652, 17658 through 17690, 17692 through17724, 17903 through 17905, 17907through 17930, 18012 through 18037, 18041 through 18050, 18054 through 18087, 18154 through 18167, 18240through 18246, 18248 through 18251, 18334 through 18339, 18351 through 18357, 18372 through 18397, 18400through 18404, 18406 through 18408, 18411 and 18412, 18414 through 18425, 18451 through 18457, 18460 and 18461.

Compliance required within 1,000 hours’ time in service after the effective data of this AD, unless already accomplished.

To prevent slippage of the crank arms on the shafts of the respective stabilizer and spoiler position transmitters, and to prevent rotation of the position transmitter in its bracket, rework the crank arms or replace with modified crank arms, and add a washer under the nut of each clamping bolt in ac­cordance with the Modification Data (PRR 15506) of Boeing Service Bulletin No. 1836 or PAA-approved equivalent.

(Boeing Service Bulletin No. 1836 covers this same subject.)

This amendment shall become effec­tive May 19,1964.(Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776; 49 U.S.C. 1354(a), 1421, 1423)

Issued in Washington, D.C., on April 10, 1964.

G. S. Moore,Director, \

Flight Standards Service.[P.R. Doc. 64-3812; Piled, Apr. 17, 1964;

8:46 a.m.]

[Reg. Docket No. 4013; Arndt. 716]PART 507— AIRWORTHINESS

DIRECTIVESSchleicher Models Ka—6 and K—8

GlidersA proposal to amend Part 507 of the

regulations of the Administrator to in­clude an airworthiness directive requir­ing inspection of the joint fittings and the welds between the bearing bracket for the airbrake flap cross shaft lever and fuselage main frame on Schleicher Models Ka-6 and K-8 gliders, and re­placement or modification if cracks are found was published in 29 F.R. 2651.

Interested persons have been afforded an opportunity to participate in the making of the amendment. No objec­tions were received.

In consideration of the foregoing, and Pursuant to the authority delegated to

°y the Administrator (25 F.R. 6489), 8807.1°(a) of Part 507 (14 CFR Part f ,, ’ . hereby amended by adding the

owing new airworthiness directive: SciiLEicHEE. Applies to Models Ka-6 and

“■-8 gliders.p°®Pliance required as indicated,

at thf i faulty welds have been found Du-v f fitting welded to the airbrake bearing v rcx* an<f In the weld between the shaft tL bracket for the airbrake flap cross

and the fuselage main frame, to anrt ? Model Ka-6 ail serial, numbers up Model Serlal Number 6067 andcl udinc, o all serial numbers up to and in-

1 g Serial Number 8098, within 25 hours’

time in service after the effective date of this AD, visually inspect for cracks in the joint fitting welded to the airbrake push and pull rod with a t least a 3-power magnifying glass.

(1) If cracks are found a t the fitting welded to the airbrake push-pull rod in either Models Ka-6 or K-8 gliders, replace the push-pull rod with a modified part as provided for in Schleicher Modification No. 7 dated September 13, 1962, for Model Ka-6 and Modification No. 9 dated September 13, 1962, for Model K-8 before further flight.

(2) If the inspection in (a) reveals no cracks, install the modified push-pull rod within 50 hours’ time in service after the effective date of this AD.

(b) On Model K-8 all serial numbers up to and including Serial Number 8117, within 25 hours’ time in service after the effective date of this AD, visually inspection with at least a 3-power magnifying glass, the welds between the bearing bracket for the air­brake flap cross sjaaft lever and fuselage main frame. If faulty welds or cracks in the weld are found, modify the bracket before further flight as provided for in Schleicher Modifica­tion No. 10 dated October 25, 1962.

(Schleicher Modification No. 7 for Model Ka-6, dated September 13, 1962, Modifica­tion No. 9 for Model K—8 dated September 13, 1962, and Modification No. 10 for Model K-8 dated October 25, 1962, pertain to this same subject.)

This amendment shall become effec­tive May 19,1964.(Secs. 313(a), 601, 603 ; 72 Stat. 752, 775, 776; 49 U.S.C. 1354(a), 1421, 1423)

Issued in Washington, D.C., on April 10, 1964.

G. S. Moore, Director,

Flight Standards Service.[F.R. Doc. 64-3813; Filed, Apr. 17, 1964;

8:46 a.m.]

Title 16-COMMERCIAL PRACTICES

Chapter I— Federal Trade Commission [Docket 0-728]

PART 13— PROHIBITED TRADE PRACTICES

Carson Pirie Scott & Co.Subpart—Misbranding or mislabeling:

§ 13.1212 Formal regulatory and statu­tory requirements: 13.1212-80 Textile Fiber Products Identification Act. Sub­part—Neglecting, unfairly or deceptively, to make material disclosure: § 13.1845 Composition: 13.1845-70 Textile Fiber Products Identification Act; § 13.1852 Formal regulatory and statutory require­ments: 13.1852-70 Textile Fiber Products Identification Act.(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 72 Stat. 1717; 15 U.S.C. 45, 70) [Cease and de­sist order, Carson Pirie Scott & Co., Chicago, 111., Docket C-728, Mar. 26, 1964]

Consent order requiring a Chicago de­partment store to cease violating the Textile Fiber Products Identification Act by failing to label textile fiber products with the required information; failing, in newspaper advertising, to set forth the true generic names of the fibers con­tained in products represented to be “velvet”, “terry”, “percale”, etc.; and fail­

ing in other respects to make disclosures required by the Act.

The order to cease and desist, including further order requiring report of com­pliance therewith, is as follows:

It is ordered, That respondent Carson Pirie Scott & Co., a corporation, and its officers and respondent’s representatives, agents and employees, directly or through any corporate or other device, in connec­tion with the introduction, delivery for introduction, sale, advertising, or offering for Sale, in commerce, or the transporta­tion or causing to be transported in com­merce, or the importation into the United States, of any textile fiber product; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, of any tex­tile fiber product which has been adver­tised or offered for sale in commerce; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, after ship­ment in commerce, of any textile fiber product, whether in its original state or contained in other textile fiber products, as the terms “commerce” and “textile fiber product” are defined in the Textile Fiber Products Identification Act, do forthwith cease and desist from:

A. Misbranding textile fiber products by:

1. Failing to affix labels to such textile fiber products showing in a clear, legible, and conspicuous manner each element of information required to be disclosed, by section 4(b) of the Textile Fiber Products Identification Act.

2. Failing to label textile fiber products with the information required by such Act and the rules and regulations pro­mulgated thereunder where the sale of such products is effected by means of properly labeled samples, swatches or specimens and such products are manu-i factured specifically for a particular cus­tomer after the sale is consummated and are not accompanied by an invoice or other paper showing the information otherwise required to appear on the label.

B. Falsely and deceptively advertising textile fiber products by:

1. Making any representations; by dis­closure or by implication, as to the fiber contents of any textile fiber product in any written advertisement which is used to aid, promote, or assist, directly or in­directly in the sale or offering for sale of such textile fiber product, unless the same information required to be shown on the stamp, tag, label, or other means of identification under sections 4(b) (1) and (2) of the Textile Fiber Products Identification Act is contained in the said advertisement, except that the per­centages of the fibers present in the textile fiber product need not be stated.

2. Failing to disclose the required fiber content information as to floor coverings containing exempted backings, fillings, or paddings, in such a manner as to in­dicate that such fiber content informa­tion relates only to the face, pile, or outer surface of the floor covering and not to the backing, filling, or padding.

3. Using a fiber trademark in adver­tisements without a full disclosure of the required content information in at least one instance in the said advertisement.

5320 RULES AND REGULATIONS

4. Using a fiber trademark in advertis­ing textile fiber products containing only one fiber without such fiber trademark appearing at least once in the advertise­ment, in immediate proximity and con­junction with the generic name of the fiber, in plainly legible and conspicuous type.

It is further ordered, That the re­spondent herein shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the man­ner and form in which it has complied with this order.

Issued: March 26,1964.By the Commission.[seal! J oseph W. Shea,

Secretary.[F.R. Doc. 64-3833; Filed, Apr. 17, 1964;

8:49 a.m.]

[Docket C-729]PART 13— PROHIBITED TRADE

PRACTICESClarise International Co., Inc., et al.

Su bpart— M isbranding or m islab elin g:§ 13.1185 Composition: 13.1185-90 Wool Products Labeling Act; § 13.1295 Quality or grade; § 13.1325 Source or origin:13.1325- 60 Maker or seller: 13.1325-60 (a) Wool Products Labeling Act; Sec.13.1325- 70 Place: 13.1325-70(k) W o o l Products Labeling Act.(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended, secs. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, 68) [Cease and desist order, Clarise Inter­national Company, Inc., et al., New York, N.Y., Docket C-729, Mar. 26, 1964]In the Matter of Clarise International

Company, Inc., a Corporation, Trad­ing as Skirts International Corp. and Donald W. Jacobson and Maurice Russo, Individually and as Officers of Said CorporationConsent order requiring New York

City importer-wholesalers of wool prod­ucts to cease violating the Wool Products Labeling Act by such practices as tagging as containing “93% Reprocessed Wool, 7% Nylon”, wool products which con­tained substantially different amounts of fibers than thus represented and also contained other fibers; labeling as madè in the United States, wool products which were manufactured in, and im­ported from, Italy; labeling wool prod­ucts as being made by “Skirts Interna­tional” (their trade name) when they had no factories; labeling wool products falsely as made of “Italy’s Finest Wools”; and failing to disclose on wool products

■ labels the fiber content and manufac­turer, as required.

The order to cease and desist, includ­ing further order requiring report of compliance therewith, is as follows :

It is ordered, That respondents Clarise International Company, Inc., a corpora­tion, and its officers, trading as Skirts International Corp., or under any other trade name, and Donald W. Jacobson and Maurice Russo individually and as officers of said corporation and respond­ents’ representatives, agents and employ­

ees directly or through any corporate or other device in connection with the in­troduction into commerce or the offering for sale, sale, transportation, distribu­tion or delivery for shipment in com­merce of wool products as “commerce” and “wool product” are defined in the Wool Products Labeling Act of 1939 do forthwith cease and desist from mis­branding such products by :

1. Falsely and deceptively stamping, tagging, labeling or otherwise identifying such products as to the character or amount of constituent fibers contained therein.

2. Falsely and deceptively stamping, tagging, labeling or otherwise identifying such products as to the country in which such wool products are manufactured.

3. Falsely and deceptively stamping, tagging, labeling or otherwise identify­ing such products as to the identity of the manufacturer of said products.

4. Falsely and deceptively stamping, tagging, labeling or otherwise identify­ing such products as to the quality of constituent fibers contained therein.

5. Failing to securely affix to or place on each such product a stamp, tag, or other means of identification showing in a clear and conspicuous manner each element of information required to be disclosed by section 4(a) (2) of the Wool Products Labeling Act of 1939.

I t is further ordered, That the re­spondents herein shall, within sixty (60) days after service upon them of this or­der, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

Issued: March 26, 1964.By the Commission.[seal] J oseph W. S hea,

Secretary.[F.R. Doc. 64-3834; Filed, Apr. 17, 1964;

8:49 a.m.]

[Docket C-727]PART 13— PROHIBITED TRADE

PRACTICESKahn Bros, and Pinto, Inc., et al.Subpart—Furnishing false guaranties;

§ 13.1053 Furnishing false guaranties: 13.1053-35 Fur Products Labeling Act. Subpart—Invoicing products falsely: § 13.1108 Invoicing products falsely: 13.1108-45 Fur Products Labeling Act. Subpart—Misrepresenting oneself and goods—Goods: § 13.1680 Manufacture or preparation. Subpart—Neglecting, un­fairly or deceptively, to make material disclosure: § 13.1865 Manufacture or preparation: 13.1865-40 Fur Products Labeling Act.(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; sec. 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and desist order, Kalin Bros, and Pinto, Inc., et al., New York, N.Y., Docket C-727, Mar. 26, 1964]In the Matter of Kahn Bros, and Pinto,

Inc., a Corporation, and Leonard H. Kahn and Leonard Kahn, Individually and as Officers of the said Corporation Consent order requiring New York City

manufacturing furriers to cease violating

the Fur Products Labeling Act by such practices as failing, on invoices, to dis­close when fur was bleached or dyed, and showing bleached or artificially colored fur as natural; and furnishing false guaranties that certain of their fur prod­ucts were not misbranded, falsely in­voiced or falsely advertised.

The order to cease and desist, includ­ing further order requiring report of compliance therewith, is as follows:

I t is ordered, That respondents Kahn Bros, and Pinto, Inc., a corporation, and its officers, and Leonard Kahn and Leon­ard H. Kahn, individually and as of­ficers of the said corporation and re­spondents’ representatives, agents and employees, directly or through any cor­porate or other device, in connection with the introduction or manufacture for in­troduction, into commerce, or the sale, advertising or offering for sale in com­merce, or the transportation or distri­bution in commerce, of any fur product; or in connection with the manufacture for sale, sale, advertising, offering for sale*, transportation or distribution, of any fur product which is made in whole or in part of fur which has been shipped and received in commerce, as the terms “commerce”, “fur” and “fur product" are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

Falsely or deceptively invoicing fur products by:

1. Failing to furnish invoices to pur­chasers of fur products showing in words and figures plainly legible all the infor­mation required to be disclosed in each of the subsections of section 5(b)(1) of the Fur Products Labeling Act.

2. Representing directly or by implica­tion on invoices that the fur contained in fur products is natural when such fur is pointed, bleached, dyed, tip-dyed, or otherwise artificially colored.

I t is further ordered, That respondents Kahn Bros, and Pinto, Inc., a corpora­tion, and its officers, and Leonard Kahn and Leonard H. Kahn, individually and as officers of the said corporation and respondents’ representatives, agents and employees, directly or through any cor­porate or other device, do forthwith cease and desist from furnishing a false guar­anty that any fur product is not mis­branded, falsely invoiced or falsely ad­vertised when the respondents have rea­son to believe that such fur product may be introduced, sold, transported, or dis­tributed in commerce.

I t is further ordered, That the re­spondents herein shall, within sixty (60) days after service upon them of this or­der, file with the Commission a report; in writing setting forth in detail the manner and form in which they have complied with this order.

Issued: March 26,1964.By the Commission.[seal] J oseph W. Shea,

Secretary.

[F.R. Doc. 64-3835; Filed, Apr. 17, 1964, 8:49 a.m.]

CIVIL AERONAUTICS BOARD[ 14 CFR Part 298 1

[Docket No. 14640]CLASSIFICATION AND EXEMPTION OF

AIR TAXI OPERATORSSupplemental Notice of Proposed Rule

MakingA pril 15,1964.

The Board, by publication in 28 F.R. 12281 and by circulation of a notice of proposed rule making and request for comments and information, EDR-62, dated November 12, 1963, gave notice that it has under consideration amend­ment of § 298.21(b) (1) and (2) to elimi­nate the restriction against scheduled services by air taxi operators within the territories and possessions of the United States and within the State of Hawaii. The Board requested interested persons to submit specific economic data and in­formation to enable the Board to reach an informed judgment of the need for regular and frequent air taxi service in these areas and the competitive impact of such authorizations on the carriers presently serving these areas. The no­tice provided that economic data and information be filed on or before De­cember 20, 1963, and that data, views, or arguments pertaining solely to com- . munications previously filed by other in­terested persons be submitted on or be­fore January 20,1964.

In successive supplemental notices of proposed rule making (EDR-62A, -62B, and -62C, 28 F.R. 13311, 29 F.R. 433, and 29 F.R. 3583), the Board extended the dates for submitting data and informa­tion to February 20, 1964 and for sub­mitting comments pertaining to such communications to April 20, 1964.

Counsel for two interested persons have orally requested that the date for nlmg comments pertaining to communi­cations of other interested persons be ex­tended for a brief period. The under­signed finds that good cause has been shown for such extension.

Accordingly, pursuant to authority Delegated under section 7.3C of Public ?nÎ1Ce PN-15> dated JuJy 3, 1961, the «îî?3ü?ned hereby extends the time for uwnittmg data, views, or arguments

g solely to communications An i on ?ther interested persons from April 20 to April 23, 1964. All relevant aata, views, or arguments received on or e oi e that date will be considered by the oard before taking action on the

Proposal.Copies of all communications will be

nïcft le-f0r examination by interested Section of the

S Room 711 Universal Building, ton n 0ftIlnectlcut Avenue NW., Washing-

’ DC» upon receipt thereof.

(Secs. 204(a), 401(a), and 416(b) of the Fed­eral Aviation Act of 1958, as amended, 72 Stat. 743, 754, 771; 49 U.S.C. 1324, 1371, 1386)

By the Civil Aeronautics Board.[seal] Arthur H. S im m s ,

Associate General Counsel, Rules and Special Counsel Division.

[F.R. Doc. 64-3840; Filed, Apr. 17, 1964; 8:50 a.m.]

FEDERAL AVIATION AGENCY[14 CFR Part 71 [New! ][Airspace Dooket No. 63-CE-55]

TRANSITION AREAProposed Designation; AlterationIn a notice of proposed rule making

published in the F ederal R egister on December 12,1963 (28 F.R. 13462), it was stated, in part, that the Federal Aviation Agency proposed to designate a transi­tion area a t Houghton, Mich.

Subsequent to the publication of the notice, it was determined by the Federal Aviation Agency that the designation of a 700-foot floor transition area northeast of the Houghton VOR would be required, in addition to the 1,200-foot floor area proposed in the notice, if existing Houghton County Memorial Airport in­strument approach landing minimums were to be retained. The recommenda­tion for only a 1,200-foot floor area was predicated on raising the procedure turn altitudes of prescribed Houghton County Airport VOR instrument approach pro­cedures to more than 1,500 feet above the surface. However, it was later de­termined that in raising these procedure turn altitudes the established straight-in landing minimums would no longer be applicable. Accordingly, the notice is hereby amended to describe, as a portion of the proposed Houghton transition area, that airspace extending upward ¡from 700 feet above the surface within 5 miles southeast and 8 miles northwest of the Houghton VOR 060° radial extend­ing from the VOR to 12 miles northeast. This would provide the necessary addi­tional protection below the floor of the proposed 1,200-foot transition area and outside of the control zone for aircraft executing the AL-896-VORr-RWY 25 pro­cedure at the Houghton County Memorial Airport.

In order to provide interested persons time to adequately evaluate this pro­posal, as modified herein, and an oppor­tunity to submit additional written data, views or arguments, the date for filing such material is extended to 30 days after publication of this supplemental notice in the F ederal R egister.

Communications should be submitted to the Director, Central Region, Attn: Chief, Air Traffic Division, Federal Avia­

tion Agency, 4825 Troost Avenue, Kansas City, Mo., 64110.

This amendment is proposed under section 307(a) of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348).

Issuedln Washington, D.C., on April 10, 1964.

H. B. H elstrom ,Acting Chief, Airspace Regulations

and Procedures Division.[F.R. Doc. 64r-3819; Filed, Apr. 17, 1964;

8:47 a.m.]

[ 14 CFR Part 71 [New] ] [Airspace Docket No. 64-CE-8]

CONTROL ZONE AND TRANSITION AREA

Proposed AlterationNotice is hereby given that the Fed­

eral Aviation Agency is considering amendments to Fart 71 [New] of the Federal Aviation Regulations, the sub­stance of which is stated below.

The following is a portion of the con­trolled airspace which will be designated in the area comprising the greater Pe- oria/Bloomington, 111., terminal area ef­fective May 28, 1964 (Airspace Docket No. 63-CE-78).

1. The Peoria control zone will be des­ignated to comprise that airspace within a 5-mile radius of the Greater Peoria Airport; within 2 miles each side of the Peoria VORTAC 091° radial, extending from the 5-mile radius zone to the VORTAC, and within 2 miles each side of the Greater Peoria Airport ILS localizer southeast course, extending from the 5- mile radius zone to the OM; and within 2 miles each side of the ILS localizer northwest course, extending from the 5- mile radius zone to 6 miles northwest of the airport.

2. A part of the Peoria, 111., transition area effective May 28, 1964, extending upward from 700 feet above the surface reads “within 2 miles each side of the Greater Peoria Airport ILS localizer northwest course, extending from the 8-mile radius area to 14 miles northwest of the airport”.

The Federal Aviation Agency has un­der consideration the following airspace actions:

1. Alter the Peoria transition area by revoking the portion described above.

2. Alter the Peoria control zone by increasing the northwest extension within 2 miles each side of the ILS localizer northwest course extending from the 5-mile radius zone to 11 miles northwest of the airport.

The instrument approach procedure utilizing the back course of the ILS at Greater Peoria was revised subsequent to designation of the Peoria transition area in Airspace Docket No. 63-CE-78. The revised procedure permits descent to less

5321

5322 PROPOSED RULE MAKING

that 1,000 feet above the surface within 11 miles of the airport. A control zone extension is, therefore, necessary to pro­tect aircraft executing the revised pro­cedure. This action would increase the length of the northwest control zone extension by 5 miles while eliminating the portion of the 700-foot transition area which extends from the airport to 14 miles northwest.

Interested persons may submit such written data, views or arguments as they may desire. Communications should be submitted in triplicate to the Director, Central Region, Attn: Chief, Air Traffic Division, Federal Aviation Agency, 4825 Troost Avenue, Kansas City, Mo., 64110. All communications received within forty-five days after publication of this notice in the F ederal R egister will be considered before action is taken on the proposed amendment. No public hear­ing is contemplated at this time, but arrangements for informal conferences with Federal Aviation Agency officials may be made by contacting the Regional Air Traffic Division Chief, or the Chief, Airspace Regulations and Procedures Di­vision, Federal Aviation Agency, Wash­ington, D.C., 20553. Any data, views or arguments presented during such con­ferences must also be submitted in writ­ing in accordance with this notice in order to become part of the record for consideration.. The proposal contained in this notice may be changed in the light of comments received.

The official Docket will be available for examination by interested persons at the Federal Aviation Agency, Office of the General Counsel: Attention Rules Docket, 800 Independence Avenue SW., Washington, D.C, An informal docket will also be available for examination at the office of the Regional Air Traffic Di­vision Chief.

This amendment is proposed under section 307(a) of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348).

Issued in Washington, D.C., on April10,1964.

H . B. H elstrom,Acting Chief, Airspace Regulations

and Procedures Division.[F.R. Doc. 64-3814; FUed, Apr. 17, 1964;

8:46 a.m.]

[ 14 CFR Parts 71 [New] ,75 [New! 1[Airspace Docket No. 64r-WA-19]

JET ROUTES Proposed Alteration

The Federal Aviation Agency (FAA) is considering amendments to Part 71 [New] and Part 75 [New] of the Federal Aviation Regulations, the substance of which is stated below.

Jet Route No. 58 is presently desig­nated in part from the Stockton, Calif., VORTAC via the Tonopah, Nev., VOR; intersection of the Tonopah VOR 083° and the Bryce Canyon, Utah, VOR 289° radials; to the Bryce Canyon VOR. Jet Route No. 80 is presently designated in part from the Stockton VORTAC via the Tonopah VOR; to the Milford, Utah, VORTAC. The FAA proposes to re­

align these segments via the Coaldale, Nev., and the Wilson Creek, VOR's. Such action would provide more precise navigational guidance on these jet route segments. The Coaldale VOR would be designated as a compulsory reporting point but there would be no requirement for designation of the Wilson Creek VOR as a compulsory reporting point. The Tonopah VOR would be eliminated from use in the jet route structure and would no longer be designated as a compulsory reporting point.

If such action is taken, J-58 would be designated in part as follows: From the Stockton VORTAC via the Coaldale VOR; Wilson Creek VOR; to the Bryce Canyon VOR. J-80 would be designated in part as follows: From the Stockton VORTAC via the Coaldale VOR; Wilson Creek VOR; to the Milford VORTAC.

Interested persons may submit such written data, views or arguments as they may desire. Communications should be submitted in triplicate to the Chief, Air­space Regulations and Procedures Divi­sion, Federal Aviation Agency, Washing­ton, D.C., 20553.' All communications received within thirty days after publi­cation of this notice in the F ederal R eg­ister will be considered before action is taken on the proposed amendment. No public hearing is contemplated at this time, but arrangements for informal conferences with Federal Aviation Agency officials may be made by contact­ing the Chief, Airspace Regulations and Procedures Division. Any data, views or arguments presented during such con­ference must also be submitted in writing in accordance with this notice in order to become part of the record for con­sideration. The proposal contained in this notice may be changed in the light of comments received.

The official Docket will be available for examination by interested persons at the Federal Aviation Agency, Office of the General Counsel: Attention Rules Dock­et, 800 Independence Avenue SW., Wash­ington, D.C., 20553.

This amendment is proposed under section 307(a) of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348),

Issued in Washington, D.C., on April 10, 1964.

H . B. H elstrom,Acting Chief, Airspace Regulations

and Procedures Division.[F.R. Doc. 64-3817; Filed, Apr. 17, 1964;

8:47 a.m.]

[14 CFR Part 75 [New] ][Airspace Docket No. 64-WA-17]

JET ROUTES Proposed Alteration

The Federal Aviation Agency (FAA) is considering an amendment to Part 75 [New] of the Federal Aviation Regula­tions, the substance of which is stated below.

Jet Route No. 15 is presently aligned in part from the Boise, Idaho, VORTAC via the intersection of the Boise VORTAC 294* and the Newberg, Oreg., VORTAC 106° radials to the Newberg VORTAC.

Jet Route No. 73 is presently aligned from the Boise VORTAC via the inter­section of the Boise VORTAC 294° and The Dalles, Oreg., VORTAC 139° radials to The Dalles VORTAC. The FAA pro­poses to alter these segments of J-15 and J-73 by realigning them via the John Day, Oreg., VOR. Such action would provide more precise navigational guidance on these jet route segments. There would be no requirement for the designation of the John Day VOR as a compulsory reporting point.

Interested persons may submit such written data, views or arguments as they may desire. Communications should be submitted in triplicate to the Chief, Air­space Regulations and Procedures Divi­sion, Federal Aviation Agency, Washing­ton, D.C., 20553. All communications received within thirty days after pub­lication of this notice in the F ederal R egister will be considered before action is taken on the proposed amendment. No public hearing is contemplated at this time, but arrangements for informal conferences with Federal Aviation Agency officials may be made by contact­ing the Chief, Airspace Regulations and Procedures Division. Any data, views or arguments presented during such con­ferences must also be submitted in writ­ing in accordance with this notice in order to become part of the record for consideration. The proposal contained in this notice may be changed in the light of comments received.

The official Docket will be available for examination by interested persons at the Federal Aviation Agency, Office of the General Counsel: Attention Rules Docket, 800 Independence Avenue SW., Washington, D.C., 20553.

This amendment is proposed under section 307(a) of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348).

Issued in Washington, D.C., on April 10, 1964.

H . B. H elstrom,Acting Chief, Airspace Regulations

and Procedures Division.[FR, Doc. 64-3815; Filed, Apr. 17, 1964;

8:46 a.m.]

[ 14 CFR Part 75 [New] ][Airspace Docket No. 64—WA—18]

JET ROUTE Proposed Alteration

The Federal Aviation Agency (FAA) is considering an amendment to Part 75 [New] of the Federal Aviation Regula­tions, the substance of which is stated below.

Jet Route No. 20 is presently desig­nated in part from the Denver, Colo.» VORTAC to the Gage, Okla., VORTAC. The FAA proposes to alter this segment of J-20 by realigning it via the Lamaf- Colo., VOR. Such action would provide more precise navigational guidance 0 this segment. There would be no re­quirement for the designation of tn Lamar VOR as a compulsory reporting

Interested persons may submit such written data, views or arguments as tn y may desire. Communications should

FEDERAL REGISTER *5323Saturday, April 18, 1964submitted in triplicate to the Chief, Air­space Regulations and Procedures Divi­sion, Federal Aviation Agency, Washing­ton, D.C., 20553. All communications received within thirty days after publica­tion of this notice in the F ederal R egister will be considered before action is taken on the proposed amendment. No public hearing is contemplated at this time, but arrangements for informal con­ferences with Federal Aviation Agency officials may be made by contacting the Chief, Airspace Regulations and Proce­dures Division. Any data, views or argu­ments presented during such conferences must also be submitted in writing in ac­cordance with this notice in order to become part of the record for considera­tion. The proposal contained in this no­tice may be changed in the light of com­ments received.

The official Docket will be available for examination by interested persons at' the Federal Aviation Agency, Office of the General Counsel; Attention Rules Docket, 800 Independence Avenue SW., Washington, D.C., 20553.

This, amendment is proposed under section 307(a) of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348).

Issued in Washington, D.C., on April 10,1964.

H. B. H elstrom ,Acting Chief, Airspace Regulations

and Procedures Division.[F.R. Doc. 64-3816; Filed, Apr. 17, 1964;

8:47 a.m.]

[14 CFR Part 75 [New] ][ Airspace "Docket No. 64-WA-20]

JET ROUTE Proposed Alteration

The Federal Aviation Agency (FAA) is considering an amendment to Part 75 [New] of the Federal Aviation Regula­tions, the substance of which is stated below*

Jet Route No. 92 is presently aligned in part from the Stockton, Calif., VORTAC via the intersection of the Stockton VOR­TAC 085° and the Tonopah, Nev., VOR

268° and the Beatty, Nev., VOR 326° radials; to the Beatty VOR. The FAA proposes redesignation of this segment via the Coaldale, Nev., VOR. Such ac­tion would provide more precise naviga­tional guidance on this segment of J-92 without altering its alignment. Action to designate the Coaldale VOR as a com­pulsory reporting point and to eliminate the Tonopah VOR as a compulsory re­porting point is proposed in Airspace Docket No. 64-WA-19.

Interested persons may submit such written data, views or arguments as they may desire. Communications should be submitted in triplicate to the Chief, Airspace Regulations and Procedures Division, Federal Aviation Agency, Washington, D.C., 20553. All commuT nications received within thirty days after publication of this notice in the F ederal R egister will be considered before action is taken on the proposed amendment. No public hearing is con­templated a t this time, but arrange­ments for informal conferences with Federal Aviation Agency officials may be made by contacting the Chief, Airspace Regulations and Procedures Division. Any data, views or arguments presented during such conferences must also be submitted in writing in accordance with this notice in order to become part of the record for consideration. The pro­posal contained in this notice may be changed in the light of comments received.

The official Docket will be available for examination by interested persons at the Federal Aviation Agency, Office of the General Counsel; Attention Rules Docket, 800 Independence Avenue SW., Washington, D.C., 20553.

This amendment is proposed under section 307(a) of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348).

Issued in Washington, D.C., on April10,1964.

H jB . H elstrom ,Acting Chief, Airspace Regulations

and Procedures Division.[F.R. Doc. 64-3818; Filed, Apr. 17, 1964;

8:47 a.m.]

NoticesDEPARTMENT OF AGRICULTURE

Office of the Secretary KANSAS

Designation of Area for Emergency Loans

For the purpose of making emergency loans pursuant to section 321 of the Con­solidated Farmers Home Administration Act of 1961 (7 U.S.C. 19611, it has been determined that in Hamilton and Stan­ton Counties, Kansas, a natural disaster has caused a need for agricultural credit not readily available from commercial banks, cooperative lending agencies, or other responsible sources.

Pursuant to the authority set forth above, emergency loans will not be made in the above-named counties after De­cember 31,1964, except to applicants'who previously received emergency or special livestock loan assistance and who can qualify under established policies and procedures.

Done a t Washington, D.C., this 14th day of April 1964.

Orville L. F reeman, Secretary.

[F.R. Doc. 64-3824; Filed, Apr. 17, 1964;8:48 a.m.]

SOUTH CAROLINADesignation of Areas for Emergency

LoansFor the purpose of making emergency

loans pursuant to section 321 of the Con­solidated Farmers Home Administration Act of 1961 (7 U.S.C. 1961), it has been determined that in the hereinafter- named counties in the State of South Carolina a natural disaster has caused a need for agricultural credit not readily available from commercial banks, coop­erative lending agencies, or other re­sponsible sources.

South Carolina

Aiken.Barnwell.Beaufort«Calhoun.Charleston.Cherokee.Chesterfield.Edgefield.

Greenville.Lexington.Orangeburg.Pickens.Saluda.Spartanburg.York.

It has also been determined that in the hereinafter-named counties in the State of South Carolina the above-men­tioned natural disaster has caused a cori-tinuing need for agricultural credit not readily-available from commercial banks, cooperative lending agencies, or otherresponsible sources. -»

PreviousSouth Carolina: designation

Beaufort ______________28 F.R. 7867C harleston__________.__28F.R. 7867Cherokee ________________26 FÌR. 10814

27F.R. 5917 28 F A 5655

PreviousSouth Carolina—Continued designation

Edgefield________ _______ 28F.R. 6661Orangeburg___________-_28 F.R. 5654-Saluda____;_______ ______ 28F.R.6661Spartanburg_____________ 26 F.R. 10814

27 F.R. 591728 F.R. 5655

Pursuant to the authority • set forth above, emergency loans will not be made in the above-named counties after June 30, 1965, except to applicants who pre­viously received emergency or special livestock loan assistance and who can qualify under established policies and procedures.

Done at Washington, D.C., this 14th day Of April 1964. . .

Orville L. F reeman, Secretary.

[F.R. Doc. 64-3825; Filed, Apr. 17, 1964;8:48 a.m.]

DEPARTMENT OF HEALTH, EDU­CATION, AND WELFARE

Food and Drug Administration DREW CHEMICAL CORP.

Notice of Filing of Petition Regarding Food Additives

Pursuant to the provisions of the Fed­eral Food, Drug, and Cosmetic Act (sec. 409(b)(5), 72 Stat. 1786 ; 21 U.S.C. 348 (b)(5)), notice is given that a petition (FAP 1351) has been filed by Drew Chemical Corporation, 416 Division Street, Boonton, New Jersey, proposing the issuance erf t t regulation to provide for the safe use of polyoxyethylene (20) sorbitan tristearate and/or polysorbate 60 (polyoxyethylene (20) sorbitan mono­stearate) , with or without sorbitan monostearate, as emulsifiers in edible vegetable fat-water emulsions used as coffee “whiteners,” when the lev£L of the total emulsifiers does not exceed 0.4 per­cent by weight of the emulsion.

Dated: April 13,1964.Malcolm R. SI&phens, Assistant Commissioner

for Regulations.[F.R' Doc. 64-3831; Filed, Apr. 17, 1964;

8:49 am .]

UNION CARBIDE CORP.Notice of Filing of Petition Regarding

Food Additives; Resinous and Poly­meric Coatings

Pursuant to the provisions of the Fed­eral Food, Drug, and Cosmetic Act (sec. (b)(5), notice is given that a petition (FAP 1361) has been filed by Union Car­bide Corporation, 270 Park Avenue, New York 17, New York, proposing that para­graph (b) (3) (xxii) (a) of §121.2514

Resinous and polymeric coatings be amended by Inserting alphabetically therein the new item “Lithium.”

Dated: April 13,1964.Malcolm R. S tephens, Assistant Commissioner

for Regulations.[F.R. Doc. 64-3832; Filed, Apr. 17, 1964;

8:49 a.m.]

CIVIL AERONAUTICS BOARD[Docket No. 15079; Order E-20693]

BRANIFF AIRWAYS, INC., ET AL.Order of Investigation

Adopted by the Civil Aeronautics Board a t its office in Washington, D.C., on the 14th day of April 1964.

Westbound general commodity rates of Braniff Airways, Inc., Continental Air Lines, Inc., Delta Air Lines, Inc., The Slick Corporation; Docket No. 15079.

By Orders E-20571 of March 12,1964, and E-20595 of March 20, 1964, the Board instituted an investigation of cur­rent and proposed general commodity rates of American Airlines, Inc., Braniff Airways, Inc. (Braniff), Delta Air Lines, Inc. (Delta), The Flying Tiger Line Inc., Trans World Airlines, Inc., and United Air Lines, Inc., in numerous markets be­cause of their relatively low level (Docket 15079).

Continental Air Lines, Inc., and The Slick Corporation also have in eff ect gen­eral commodity rates in a number of the same markets. In addition, in several of these markets Braniff and Delta,, which are already parties to the investigation, have general commodity rates that were not embraced in Docket 15079. Most of the foregoing rates are identical to rates already under investigation. We are adding these rates to the investiga­tion for the same reasons for which wenstituted Docket 15079. Other of these •ates are higher than the rates in the :ame markets under investigation. We ire expanding the investigation to in­dude these rates - in order that the Board’s decision will cover all the general jommodity rates in the markets in­volved. % 7 C

The foregoing rates that we are setting :or investigation involve only local rates (covering movements over the individual jarriers for which they are in effect), rhe Board is not adding joint rates m ;he same markets, which apply to move- nents over two or more carriers, in order jo keep the investigation from becoming inwieldy. However, we contemplate ;hat the Board’s, decision will contain a *ule of construction that will protect the

being undercut by joint rates.In addition, we are amending our prior

order (E-20571 and Appendix A thereto) by deleting three short-haul markets that are not relevant to this i vestigation.

5324

FEDERAL REGISTER 5325Saturday, April 18, 1964

Accordingly, pursuant to the Federal Aviation Act of 1958 and particularly sections 204(a) and 1002 thereof:

It is ordered, That1. An investigation is instituted to de­

termine whether the rates and provisions described in Appendix A hereto,1 includ­ing subsequent revisions or reissues thereof, are, or will be, unjust or un­reasonable, unjustly discriminatory, un­duly preferential, unduly prejudicial, or otherwise unlawful, and if found to be unlawful to determine and prescribe the lawful rates and provisions;

2. The investigation ordered herein be consolidated into the investigation in Docket 15079; and

3. Copies of this order shall be served upon Continental Air Lines, Inc., and The Slick Corporation, which are hereby made parties to this proceeding.

This order will be published in the Federal R egister.

By the Civil Aeronautics Board.[seal] Mabel McCart,

Acting Secretary.JF.R. Doc. 64-3841; Filed, Apr. 17, 1964;

8:50 ajn.]

[Docket No. 14838]THRIFT CLASS FARE INVESTIGATIONNotice of Postponement of Hearing

Notice is hereby given, pursuant to the provisions of the Federal Aviation Act of 1958, as amended* that a public hear­ing in the above-entitled proceeding heretofore assigned to be held on 'April28,1964, is postponed to May 5, 1964, at 10 a.m., e.d.s.t., in Room 725; Universal Building, Connecticut and Florida Ave­nues NW., Washington, D.C., before the undersigned Hearing Exam iner.

Dated at Washington, D.C., April 14, 1964.

[seal] Leslie G. Donahue,Hearing Examiner.

[Fit. Doc. 64-3842; Filed, Apr. 17, 1964; 8:51 a.m.]

FEDERAL COMMUNICATIONS COMMISSION

[Docket No. 14748 etc.; FCC 64R-207]CHARLES COUNTY BROADCASTING

CO., INC., AND DORLEN BROAD­CASTERS, INC.

Memorandum Opinion and Order Amending Issues

re applications Of,Charles County . adcasting Co., Inc., La Plata, Mary­s ’ r !?cket No. 14748, File No. BP- rtnif ; , len Broadcasters, Inc., Wal- N aryland’ Docket No. 14749, File

o. BP-15287; for construction permit;Broadcasters, Inc., Waldorf,

in la n d , Docket No. 15202, File No.for renewal of license of Sta­tion WSMD(FM). , •

as part -of the original document. No. 77-----5

1. The Review Board has before it for consideration a petition to enlarge issues, filed February 4, 1964, by the Broadcast Bureau, and related pleadings.1 The Bureau requests the addition of a contin­gent standard comparative issue as be­tween the two standard broadcast appli­cations.

2. In support of its request, the Bureau states that neither of the communities involved in this proceeding has its own standard broadcast station; that the population of the two communities is substantially the same;_that although, Dorlen’s proposal would serve more per­sons than would Charles’ proposal, these additional persons already receive a min­imum of seven services; and th a t the presence of an FM station in Dorlen’s community does not eliminate the need for a first standard broadcast station. These basic facts, the Bureau maintains, do not permit a meaningful choice to be made on the basis of section 307(b) considerations alone. As good cause for the late filing of its request, the Bureau states that a determination that section 307(b) considerations would not be de­cisional could not be made until all the evidence was carefully evaluated.

3. Both Charles and Dorlen, the ap­plicants in this proceeding, oppose the Bureau’s petition. First, they allege that the Bureau is asking the Review Board to decide th a t section 307(b) considera­tions would not be decisive. This, 'they maintain, would be a usurpation of the Examiner’s function. Second, both maintain that a choice can be made on the basis of section 307<b) considera­tions. Charles offers no explanation in support of its position, and Dorlen argues that the 307(b) choice can be rested upon the fact that its proposal will serve more people. Third, they state that if the requested issue is added, there will neces­sarily be a long delay in the proceeding to gather and adduce evidence. Fourth, they assert that the Bureau’s petition is untimely and that no good cause has been shown. /

4. The Bureau, in its reply, asserts that it is asking for a contingent issue and thus that the Review Board will not be deciding the section 307 (b) issue but only concluding that there is a possibility that a section 307(b) choice cannot be made. Further, the Bureau alleges that a delay will not necessarily occur be­cause the requested issue is contingent and so it will be up to the Examiner whether or not to Adduce evidence on it.

5. The applicants’ contention that the Bureau is in legal effect requesting the Review Board to decide that 307(b) con­siderations alone will not permit a choice to be made between the two applicants closes a basic misunderstanding of the scope and purpose of the contingent standard comparative issue. Its basic

1Also before the Board are; opposition, filed February 17, 1964, by Charles County Broadcasting Co., Inc. (Charles) ; opposition, filed February 18, 1964, by Dorlen Broad­casters, Inc. (Dorlen) ; statement in support of Broadcast Bureau’s petition, filed Febru­ary 17, 1964, by WPGC, Inc.; opposition to supporting statement, filed February 28, 1964, by Charles; and reply, filed February 28, 1964, by the Broadcast Bureau.

purpose is to avoid the very prejudg­ment of the 307(b) issue that the appli­cants complain is inherent in the Bu­reau’s request. See Rockland Broadcast­ing Co., FCC 62-577, 23 RR 789 (1962), Instead, as is pointed out in Rockland, it “leaves to the Hearing Examiner the responsibility of determining, after the evidence under the 307(b) issue has been adduced, whether a determination may be made solely on the basis of 307(b) considerations or whether it would be ap­propriate to adduce evidence under the contingent standard comparative issue.” As is further pointed out in Rockland, the Examiner may request briefs and hold oral argument before deciding whether to hear evidence under the con­tingent standard comparative issue; should there be a substantial doubt as to whether 307(b) considerations alone would be determinative, evidence under the contingent standard comparative is­sue should be adduced.

8. I t is thus clear from the Rockland case that the inclusion of the contingent standard comparative issue does not con­stitute a prejudgment by the Commission that 307(b) considerations alone will not be determinative. I t is likewise clear that in adding the contingent standard com­parative issue in Rockland, the Com­mission did not intend to prejudge the 307(b) issue. For these reasons, the ap­plicants’ contention that the Bureau is in effect requesting a prejudgment of the 307(b) issue is rejected. As we under­stand the petition, all that the Bureau is saying is that, on the basis of the facts alleged by it, 307(b) considerations alone may not be determinative, and that the contingent standard comparative issue should be added as an additional tool which the Rearing Examiner may use in the event he should agree with the Bureau.

7. The question presented to the Board by the Bureau’s petition is whether in

- the light of 307(b) facts alleged in the pleadings before us the contingent stand­ard comparative issue should be added; resolution of this question turns upon whether there is a sufficient possibility of a need to resort to the contingent stand­ard comparative issue as to warrant its addition. The Bureau’s 307(b) allega­tions, summarized in paragraph 2 above, support its view that 307(b) considera­tions alone may not be determinative and that resort to the contingent standard comparative issue may become necessary. Dorlen’s contrary view, based upon thé argument that it will be preferred under the 307(b) issue, is not sufficiently per­suasive to conclude that the need for the contingent issue is so remote that its addition is not warranted.

8. One final m atter remains, viz., the untimeliness of the Bureau’s petition. The Review Board shares the view of Charles and Dorlen as to the desirability of the early filing of petitions to enlarge. On the other hand, the Review Board cannot dismiss as without substance the Bureau’s plea that not until proposed findings and conclusions were being prepared did* it become evident that 307 (b) considerations alone would hot be determinative; in many instances, ten­tative determinations based upon an

5326 NOTICESoverview of the entire record undergo substantial modifications in the writing of the decision. Unlike other issues, the addition of the contingent standard com­parative issue a t this time will not neces­sarily cause an additional delay in the ultimate conclusion of this proceeding. Thus, if the Hearing Examiner deter­mines that he can decide this case on 307 (b) considerations alone, a grant of the Bureau’s petition, notwithstanding its untimeliness, will not result in any sub­stantial delay in the proceeding. If, on the other hand, this case cannot be de­cided on 307(b) considerations alone, the addition of the issue a t the present time would avoid the possibility of a remand, with its attendant delay, for further hearing on the standard comparative is­sue. Only if the contingent issue is added, and the Hearing Examiner er­roneously determines that evidence under this issue must be adduced, would the addition of the issue unnecessarily pro­long the hearing. However, this is a matter which the Commission has, in Rockland Broadcasting, supra, entrusted to the discretion of the Examiner.

Accordingly, it is ordered, This 13th day of April 1964, that the petition to enlarge issues, filed February 4, 1964, by the Broadcast Bureau, is granted, and the issues in this proceeding are enlarged by the addition of the following issue:

To determine, in the event it is con­cluded that a choice between the instant applications cannot be made upon con­siderations relating to section 307(b), which of the operations proposed in the above-captioned standard broadcast ap­plications would better serve the public interest in the light of the evidence ad­duced pursuant to the foregoing issues and the record made with respect to the significant differences between the ap­plicants as to:

<i) The background and experience of each having a bearing on the applicant's ability to own and operate the proposed station;

(ii) The proposals of each of the in­stant applicants with respect to the man­agement and operation of the proposed station;

(iii) The programming service pro­posed in each of the instant applications.

Released: April 14, 1964.F ederal Communications

Commission,[seal] Ben F . W aple,

Secretary.[F.R. Doc. 64-3836; Filed, Apr. 17, 1964;

8:49 a.m.]“'

[Docket No. 15249,15250; FCC 64M-310]CLEVELAND TELECASTING CORP. AND

SUPERIOR BROADCASTING CORP.Order Scheduling Prehearing

ConferenceIn re applications of Cleveland Tele­

casting Corp., Cleveland* Ohio, Docket No. 15249, File No. BPCT-3191; The Su­perior Broadcasting Corp., Cleveland, Ohio, Docket No. 15250, File No. BPCT- 3243; for construction permits for new television broadcast stations;

It is ordered, This 14th day of April 1964, with the consent of all interested parties, that Elizabeth C. Smith, in lieu of Sol Schildhause, shall serve as pre­siding officer in the above-entitled pro­ceeding: And it is further ordered, That the presiding officer herein designated shall convene a prehearing conference in the proceeding a t 9:00 a.m., April 24, 1964, in the offices of the Commission, Washington, D.C.

Released: April 14, 1964.F ederal Communications

Commission,[seal] B en F . Waple,

Secretary.[F.R. Doc. 64-3837; Filed, Apr. 17, 1964;

8:49 a.m.] _

[Docket No. 14841; FCC 64R-196]VERNE M. MILLER

Memorandum Opinion and Order Amending Issues

In re application of Verne M. Miller, Crystal Bay, Nevada, Docket No. 14841, File No. BP-14706; for construction per­mit.

1. B.B.C. Inc. (KCBN), Reno, Nevada, a party respondent in the above-entitled proceeding, requests an enlargement of issues to determine whether the proposal of Verne M. Miller would serve primarily a particular city, town, political subdivi­sion, or community as contemplated by I 73.30(a) of the Commission’s rules.1

2. In support of its request, KCBN con­tends that it learned of the nature of the community from the petition to intervene filed by Robert Sherman (KHOE), Truckee, California,; that it has made an independent study; and that an ap­plicant for a new station must establish that the location it has applied for is a particular city, town, political subdi­vision, or community and is 'n o t per­mitted to rely on areas which are iden­tified with other locations, citing Seven Locks Broadcasting Co.; FCC 62-140, 22 RR 967 (1962); Denbigh Broadcasting Co., 28 FCC 393, 18 RR 449 (1960>. KCBN states that its investigation re­veals that Crystal Bay'has no-iocal gov­ernment, churches, schools, fraternal or civic organizations, banks, hospital, or newspapers, that it has only 144 resident telephone listings, that Crystal Bay “set­tlement” is principally one of motels and summer homes, and that the few perma­nent residents look to other locations for education, religion, shopping, and other facets of ordinary community life. It further states that the applicant admits in its opposition to a motion to enlarge issues filed Februray 17,1964, that Crys­tal Bay is not a city but a residential re­sort community having neither a busi-

i The Review Board has before i t for con­sideration (a) a motion to enlarge issues filed February 25, 1964 by B.B.C. Inc. (KCBN); (b) a response of Broadcast Bureau filed. March 10, 1964; (c) an opposition to motion to enlarge issues, filed March 11, 1964, by Verne_M. Miller; and (d) a reply to opposi­tion to motion to enlarge issues filed March 18,T964, by B.B.C. Inc.

ness nor factory area. As good cause for filing its petition at this time, KCBN contends that the need for the issue did not become apparent until KHOE filed its '■ petition to intervene on January 24,1964 1

3. The Broadcast Bureau supports the motion, stating that the cumulative ef- -i feet of the allegations contained In these : pleadings raises serious doubts as to whether Crystal Bay is in fact a “com-1 munity” within the purview of § 73.30(a) l of the rules. I t cites Mercer Broadcast­ing Co., 22 FCC 1009, 13 RR 891 (1957); ' North Atlanta Broadcasting Company FCC 63R-450,1 RR 2d 275 (1963).

4. In opposition, Miller argues that KCBN has not shown good cause for filing its petition late; that, the fact that KCBN.admits that it* made no study of Crystal Bay until prompted by the alle­gation of another party is reason enough to dehy its petition; and that no expla­nation was given why the alleged facts were not independently ascertained at an earlier date. Miller contends that the Commission has consistently held that the excuse of a petitioner that certain facts only recently came to its attention, when it had not made an independent search o t its own where the facts alleged have existed for any length of time, is not reason enough to enlarge issues pur­suant to an untimely request, eiting Alkima Broadcasting Co. FCC 59-926, 18 RR 993 (1959) ; Florida Gulfcoast Broadcasters; Inc., FCC 59-573, 18 RR 631 (1959). Miller urges that there is no basis for questioning the ability of ap­plicant’s proposal to meet the rule; that Crystal Bay is in fact the hub of the North Lake Tahoe area; that two sim­ilar unincorporated communities in the same area have licensed radio stations;that year round population of Crystal Bay is 500 and it increases to 2500 during tourist season; that Crystal Bay has its own telephone exchange and a post of­fice; and that these facts establish the .compliance of applicant’s proposal with- § 75.30(a).

5. The Review Board is not persuaded that KCBN had good cause for the late filing of its petition. However, the peti­tioner’s allegations raise a sufficiently serious problem to warrant enlargement of the issues on the Board’s own motion. The objective facts alleged by petitioner tend to show that Crystal Bay does not have the usual indicia of a community. While Miller has alleged facts which tend to support a contrary conclusion, it is the judgment of the Review Board that the question of whether Crystal Bay isa community should be determined on tne basis of an evidentiary record rather than on the basis of allegations in interlocu­tory pleadings. .

Accordingly, it is ordered, This 7th a y of April 1964, that the motion to enlarge issues filed by B.B.C., Inc., Reno, Nevada, February 25,1964, is denied; and

I t is further ordered, On the Boar own motion, that the Commission Order (FCC 62-1165) , released Novem­ber 13, 1962, is amended by the additio of the following issue: > , f

To determine whether the proposalt t _______» » n » - in — c o r v p unm anly “

FEDERAL REGISTER 5327Saturday, April 18, 1964

particular city, town, political subdivi­sion, or community as contemplated by § 73.30(a) of the rules.

Released: April8,1964.Federal Communications

Commission,[seal] Ben F. Waple,

Secretary.[F.R. Doc. 64-3838; Filed, Apr. 17, 1964;

8:50 a.m.]

CIVIL SERVICE COMMISSIONCHIEF ECONOMIST ET AL.

Positions for Which There Is Deter­mined To Be a Manpower ShortageUnder the provisions of Public Law 86-

587, the Civil Service Commission has de­termined that there is a manpower short­age for the following:

Series and grade

Position Location Effective date

GS-110-15._____ Chief Econom ist___ C om m unity Facilities Administration, Housing and Hom e Finance Agency, W ashington, D .C .

Jan. 9,1964.

GS-301-12 and Science Information N ation al Science Foundation, W ashington, M ar. 2,1964.above. Specialist. D .C .

Feb. 25, 1964 (expires June 15,1964).

GS-526-5 and 7 .. Tax Technician___ _ Internal R evenue Service, N ew York C ity , N .Y .

Travel and transportation expenses may be paid for appointees to their duty station for the positions as listed above.

Any such payments as a result of this determination must be made in accord­ance with travel regulations issued by the Bureau of the Budget.

United States Civil Serv­ice Commission,

[seal] Mary V. Wenzel,Executive Assistant to

the Commissioners.[F.R. Doc. 64-3800; Filed, Apr. 17, 1964;

8:45 a.m.]

FEDERAL POWER COMMISSION[Docket No. IT-5029]

ARIZONA PUBLIC SERVICE CO. Notice of Application

of Arizona under certain facilities speci­fied in a Presidential Permit released to Applicant’s predecessor by order of the Commission entered July 28, 1942 and transferred to the Applicant by Amenda­tory Presidential Permit (in the above docket), signed by the President of the United States on August 28,1952, and ac­cepted by the Applicant on October 1, 1952.

Any person desiring to be heard or to make any protest with reference to said application should on or before May 1, 1964, file with the Federal Power Com­mission, Washington, D.C., 20426, peti­tions or protests in accordance with the requirements of the Commission’s rules of practice and procedure (18 CFR 1.8 or 1.10). The application is on file and available for public inspection.

J oseph H. Gutride, Secretary.

April 13 1964 [F-R- Doc. 64-3803; Filed, Apr. 17, 1964;Take notice that on March 31, 1964, 8.45 a.m.]

Arizona Public Service Company (Appli­cant) , incorporated under the laws of the [Docket No. IT-5331]State of Arizona, with its principal place adi7 Dkia pi mi i r ccD virc r nof business in Phoenix, Arizona, filed an ARIZONA PUBLIC SERVICE CO.application for supplemental order, pur- Notice of Applicationsuant to section 202(e) of the FederalPower Act, authorizing an increase in April 13,1964.the amount of electric energy which Ap- Take notice that on March 31, 1964, Plicant is presently authorized to trans- Arizona Public Service Company (Ap- nut from the United States to Mexico. Plicant), incorporated under the laws of

f / Commission order issued June 30, the State of Arizona, with its principal ^ ttle ab°ve docket, Applicant was Place of business at Phoenix, Arizona,

authorized to transmit electric energy filed an application for a supplemental hom the United States to Mexico in an order, pursuant to section 202(e) of the f*°unt not to exceed 1,000,000 kwh per Federal Power Act authorizing an in-

a maximum transmission rate crease in the amount of electric energy oi ¿00 kw at the international boundary which Applicant is presently authorized une adjacent to Naco, Sonora, Mexico. transmit from the United States to hnirCa? t now seeks authorization to Mexico.at QSrni pp 2,400,000 kwh per annum By Commission order issued April 6,

a maximum transmission rate of 700 I960, in the above docket, Applicant was Fetter i° j er ^ a t ^ may enakle Junta authorized to transmit energy from the the ri^ ae. ^ ej°ras Materiales to meet United States to Mexico in an amount ice i n l ° r additional electric serv- not to exceed 6,000,000 kwh per annum

a Naco, Sonora, and environs. at a maximum transmission rate bf 1500ADDlie at?oun electric energy which kw at the international boundary line amonnf proposes to export, like the adjacent to Agua Prieta, Sonora, Mexico, the afn Presently ^Ported pursuant to Applicant now seeks authorization to be tramm^?nJii0ned authorization, is to transmit up to 8,000,000 kwh per annum

nutted to Mexico from the State at a maximum transmission rate of 1900

kw in order that it may enable Compania de Servicios Publicos de Agua Prieta,S.A., to meet the demand for additional electric energy made upon it for electric service in the community of Agua Prieta and environs.

The amount of electric energy which Applicant proposes to export, like that amount presently exported pursuant to the aforementioned authorization, is to be transmitted to Mexico from the State of Arizona over certain facilities specified in a Presidental Permit signed by the President of the United States on July 30, 1941, and released to Arizona Edison Company, Inc., and subsequently trans­ferred to Applicant by an Amendatory Presidential Permit signed by the Presi­dent of the United States on August 28, 1952, both in the above docket.

Any person desiring to be heard or to make any protest with reference to said application should on or before May 1, 1964, file with the Federal Power Com­mission, Washington, D.C., 20426, peti­tions or protests in accordance with the requirements of the Commission’s rules of practice and procedure (18 CFR 1,8 or 1.10). The application is on file and available for public inspection.

J oseph H. Gutride, Secretary.

[F.R. Doc. 64-3804; Filed, Apr. 17, 1964; 8:45 a.m.]

OFFICE OF EMERGENCY PLANNING

GERHARD D. BLEICKENAppointee’s Statement of Business

InterestsThe following statement lists the names

and concerns required by subsection 710 (b) (6) of the Defense Production Act of 1950, as amended.

No changes since last statement published in the F ederal Register, August 15, 1963 ( 28 F it. 8390).

Date: February 15, 1964.Gerhard D. Bleicken.

[F.R. Doc. 64-3801; Filed, Apr. 17, 1964; 8:45 ajn.]

CARLTON S. DARGUSCHAppointee’s Statement of Business

InterestsThe following statement lists the

names and concerns required by sub­section 710(b)(6) of the Defense Pro­duction Act of 1950, as amended.

No change since last statement published in the F ederal Register, August 15, 1963 (28 FU. 8390).

Dated: February 15, 1964.Carlton S. Dargusch.

[F.R. Doc. 64-3802; Filed, Apr. 17, 1964; 8:45 am .]

5328 NOTICES

SECURITIES AND EXCHANGE COMMISSION

[File No. 24A-1613]ESS-KAY ENTERPRISES, INC.

Order Canceling Hearing and Making Suspension Permanent

April 13,1964.The Commission, by order dated March

2, 1964, having temporarily suspended the Regulation A exemption of Ess-Kay Enterprises, Inc., Suite 407,101 Marietta Street Bldg., Atlanta, Georgia, pursuant to Rule 261 of the general rules and regulations under the Securities Act of 1933, as amended, and the company hav­ing requested a hearing upon the allega­tions set forth in the aforementioned order, and the Commission by order dated March 9, 1964, having ordered a hearing in the above-entitled matter, said hearing having been postponed to commence on April 20, 1964, at 10:00 a.m., es.t., a t the Atlanta Regional Office of the Commission, 1371 Peachtree Street NE., Atlanta, Georgia, before William Swift, hearing examiner, and

The company having requested with­drawal of its request for a hearing, and the Division of Corporation Finance and the Atlanta Regional Office not object­ing thereto:

It is ordered, That the request for hearing be, and it hereby is, deemed withdrawn.

I t is further ordered, That the hearing in this matter scheduled for April 20, 1964, be and it hereby is canceled.

Pursuant to the provisions of Rule 261(b) of Regulation A, the suspension of the Regulation A exemption from registration under the Securities Act of 1933, as amended, with respect to the proposed public offering of securities by the company becomes permanent.

By the Commission.[seal] Orval Li. DuBois,

Secretary.[F A Doc. 64-3821; Filed, Apr. 17, 1964;

8:47 am .]

[File No. 811-1029]KOSTIN CORP.

Notice of Filing of Application for ah Order Declaring That Company Has Ceased To Be an Investment Com­pany

April 14,1964.Notice is hereby given that an appli­

cation has been filed pursuant to sec­tion 8(f) of the Investment Company Act of 1940 (“Act”) for an order of the Com­mission declaring that Kostin Corp. (“Applicant”), 408 Summit Street, To­ledo, Ohio, a management closed-end non-diversified investment company, has ceased to be an investment company by reason of the exception contained in section 3(c) (1) of the Act.

Applicant states that its securities are beneficially owned by less than 100 per­sons and that it does not presently pro­pose to make a public offering of its se­

curities. Section 3(c)(1) of the Act excepts from the definition of an invest­ment company any issuer whose out­standing securities (other than short term paper) are beneficially owned by not more than one hundred persons and which is not making and does not pres­ently propose to make a public offering of its securities.

Section 8(f) of the Act provides, in pertinent part, that whenever the Com­mission upon application finds that a registered investment company has ceased to be an investment company, it shall so declare by order and upon the taking effect of such order, the registra­tion of such company shall cease to be in effect.

Notice is further given that any inter­ested person may, not later than April30,1964, at 5:30 p.m. submit to the Com­mission in writing a request for a hear­ing on the matter accompanied by a statement as to the nature of his inter­est, the reason for such request and the issues of fact or law proposed to be con­troverted, or he may request that he be notified if the Commission shall order a hearing thereon. Any such commu­nication should be addressed: Secretary, Securities and Exchange Commission, Washington, D.C., 20549. A copy of such request shall be served personally or by mail (air mail if the person being served is located more than 500 miles from the point of mailing) upon applicant at the address stated above. Proof of such service (by affidavit or in case of an a t­torney-at-law by certificate) shall be filed contemporaneously with the request. At any time after such date, as provided by Rule 0-5 of the rules and regulations promulgated under the Act, an order disposing of the application herein may be issued by the Commission upon the basis of the showing contained in said application unless an order for hearing upon said application shall be issued upon request or upon the Commission’s own motion.

For the Commission (pursuant to dele-, gated authority).

[seal] Orval L. DuBois,Secretary.

[F.R. Doc. 64-3822; Filed, Apr. 17, 1964;8:47 am .]

[File No. 2-11881]ST. CROIX PAPER CO.

Notice of Application for Exemption April 13,1964.

Notice is hereby given that St. Croix Paper Company, a Maine corporation (“St. Croix”), has filed an application pursuant to Rule 15d-20 of the general rules and regulations under the Securi­ties Exchange Act of 1934 (“Exchange Act”) for an order exempting St. Croix from the operation of section 15(d) of the Exchange Act with respect to the duty to file any reports required by that sec­tion and the rules and regulations there­under.

Rule 15d-20 permits the Commission, upon application and subject to appro­priate terms and conditions, to exempt an issuer from the duty to file annual

and other periodic reports if the Com­mission finds that all outstanding securi­ties of the issuer are held of record as therein defined, that the number of such record holders does not exceed fifty per­sons, and that the filing of such reports is not necessary in the public interest or for the protection of investors.

The application states with respect to the request for exemption, as follows:

1. St. Croix is a corporation organized and existing under the laws of the State of Maine, having its principal office and place of business at Woodland, Maine, and has outstanding 586,714 shares of common stock of the par value of $12.50 per share.

2. In 1955, St. Croix filed a registra­tion statement under the Securities Act of 1933 with the Commission. The reg­istration statement was ordered effective on or about September 21,1955 and con­tained the undertaking required by sec­tion 15(d) of the Exchange Act, Since that time St. Croix has filed with the Commission the reports required pur­suant to the undertaking.

3. On January 18, 1963, Georgia-Pa­cific Corporation (“G-P”) , a Georgia cor­poration, offered to exchange shares of its common stock for shares of common stock of St. Croix at the rate of %oths of a share of G-P for each share of common stock of St. Croix, pursuant to an offer registered on registration statement File No. 2-20946 under the Securities Act of 1933. The exchange offer by its terms expired on February 20, 1963. At the conclusion of the exchange offer, 1,982 stockholders of St. Croix had exchanged 579,156 shares (98.76 percent of the out­standing shares) of St. Croix common stock for 463,325 shares of common stock of G-P.

4. On January 20, 1964, St. Croix made a cash offer to its remaining stockhold­ers pursuant to which it offered to buy its remaining outstanding shares at $40 a share, on or before March 9,1964. As a result of acceptances of the cash offer, the 586,174 outstanding shares of com­mon stock of St. Croix were on March31,1964, held of record as follows: 579,449 shares by G-P, 6,735 shares by St. Croix, 7 director’s qualifying shares by 7 hold­ers, and the remaining 523 shares by 14 stockholders.

5. In consideration of the granting of the exemption, St. Croix agrees that it will, so long as shares of its common stock are held by or for the account of others than G-P, upon the request of any stockholder, cause to be prepared and made available to such stockholder, as promptly as practicable after such re­quest, financial statements with respect to St. Croix’s last completed fiscal year, such financial statements to be prepare from the books of St. Croix and to con­sist of a balance sheet as at the end such fiscal year and a statement of op­erations and statement of surplus i the year then added, all prepared in r e - sonable detail and in accordance w generally accepted accounting P“ n ‘ pies consistently followed and to be tested by the principal financial ana counting officer of St. Croix.

Notice is further given that an orae granting the application upon suchite and conditions as the Commission

FEDERAL REGISTER 5329Saturday, April 18, 1964

deem necessary or appropriate may be issued by the Commission at any time on or after May 13,1964 unless prior thereto a hearing is ordered by the Commission. Any interested persons may, not later than May 11, 1964 a t 5:30 p.m. submit to the Commission in writing his views or any additional facts bearing upon the application or the desirability of a hear­ing thereon, or request the Commission in writing that a hearing be held there­on. Any such communication or re­quest should be addressed to the Secre­tary, Securities and Exchange Commis­sion, Washington, D.C., 20549, andshould state briefly the nature of the interest of the person submitting such information or requesting a hearing, the reason for such request, and the issues of fact or law raised by the application which he desires to controvert.

For the Commission (pursuant to del­egated authority).

[seal] Orval L. DuBois,Secretary.

[F.R. Doc. 64-3823; Filed, Apr. 17, 1964;8:48 ajn.]

INTERSTATE COMMERCE COMMISSION[Notice No. 970]

MOTOR CARRIER TRANSFER PROCEEDINGS

April 15, 1964.Synopses of orders entered pursuant

to section 212(b) of the Interstate Com­merce Act, and rules and regulations pre­scribed thereunder (49 CFR Part 179), appear below:

As provided in the Commission’s spe­cial rules of practice any interested person may file a petition seeking recon­sideration of the following numbered proceedings within 20 days from the date of publication of this notice. Pursuant to section 17(8) of the Interstate Com­merce Act, the filing of such a petition will postpone the effective date of the order in that proceeding pending its dis­position. The matters relied upon by petitioners must be specified in their petitions with particularity., MC-FC 66526. By order of April I’ *964, the Transfer Board approved the transfer to Paulks Trucking, Inc., Antigo, wis., of Permit in No. MC 119111, issued January 10, 1961, to Harvey Mach, An- . . ’ra l?V authorizing the transportation

f * fertilizer and fertilizer materials, iromindianapolis and Plymouth, Ind., to

in Wisconsin. Edward Solie, 1 Pluckney Street, Madison 3, Wis-

nsm attorney for applicants.<> 66570. By order of Apriltran«fôJ'!le1 ransfer Board approved the £ £ * g to Mervin R. Mewes, doing busi-

Mewes Trucking, Highmore,S Dflt ^ ifw, -LJ-u<-'tuus, nignmore, issued > S Ce£tlflcate in No* MC 107614,

1954> to John w - Transnm+inw .bVfiness as Central Dakota izing t.he^tHlgtunore> s. Dak., author- between w ransP°rtation of: Livestock, within S< Dak-* and Pointsand, on t » ereof>.on the one hand> e other, points in Iowa and

Minnesota; and emigrant movables, be­tween Highmore, S. Dak., and points within 25 miles thereof, on the one hand, and, on the other, points in Iowa, Min­nesota, and Nebraska; and, lumber, ani­mal and poultry feeds, feed minerals, seeds, and farm machinery and imple­ments (not including parts therefor), from Minneapolis, Minn., and Sioux City, Iowa, to Highmore, S. Dak., and points within 25 miles thereof. Reuben R. Widmayer, Miller, S. Dak., attorney for applicants.

No. MC-FC 66685. By order of April 3, 1964, the Transfer Board approved the transfer to A City Van & Storage, Inc., Mequon, Wis., of the operating rights issued by the Commission December 15, 1961, under Certificate No. MC 75442 to William W. Krohn, doing business as City Express & Moving Company, West Allis, Wis., authorizing the transporta-

, tion, over irregular routes of household goods, as defined by the Commission, be­tween points in Milwaukee County, Wis., on the one hand, and, on the other, points in Illinois; from points in Milwaukee County, Wis., to points in Illinois, Indi­ana, Ohio, Iowa, and Minnesota; and from points in Illinois, Indiana, Ohio, Iowa, and Minnesota, to Milwaukee, Wis., and points within 75 miles thereof. Jerris Leonard, c/o Michael, Best & Friedrich, 626 East Wisconsin Avenue, Milwaukee, Wis., 53201, attorney for applicants.

No. MC-FC 66740. By order of April 3, 1964, the Transfer Board approved the transfer to Fred J. Keller, doing business as Keller Trucking Company, North & Hamilton Street, Powell, Wyo., of the op­erating rights issued by the Commission October 8, 1956, under Certificate in No. M,C 108853, to Joe Good, doing business as Good Transportation, 830 Shoshone Ave­nue, Lowell, Wyo., authorizing the trans­portation, over irregular routes, of live­stock, emigrant moveables, agricultural commodities, machinery and machinery parts, farm equipment, building material, pipe, seed, and livestock feed, between points in Big Horn, Park, Washakie, and Hot Springs Counties, Wyo., livestock and emigrant moveables, between points in Big Horn, Park, Washakie, and Hot Springs Counties, Wyo., on the one hand, apd, on the other, points in Colorado, Idaho, Montana, Nebraska, and Utah; machinery and related machinery parts; when their transportation is incidental to the transportation of machinery, and agricultural commodities, in bulk, be­tween points in Big Horn, Park, Wash­akie, and Hot Springs Counties, Wyo., on the one hand, and, on the other, points in Montana; building material and pipe, between points in Big Horn, Park, Washakie, and Hot Springs Counties, Wyo., on the one hand, and on the other, points in Montana, except Billings, Mont.; and seed, livestock feed, and agricultural commodities, except those in bulk, between points other than incorporated towns and cities in Big Horn, Park, Washakie, and Hot Springs Counties, Wyo., on the one hand, and, on the other, points in Montana.

No. MC-FC 66745. By order of April 3, 1964, the Transfer Board approved the transfer to Acme Transfer Company,

Inc., Lincoln, Nebr., of the operating rights issued by the Commission Decem­ber 13, 1960, and May 14, .1962, under Certificates Nos. MC 117979 and MC 117979 (Sub No. 1), respectively, to Harold W. Bracy, Metairie, La., au­thorizing the transportation, over ir­regular routes, of bananas, from New Orleans, La., to Bismarck, N. Dak., Min­neapolis, Mankato, and Winona, Minn., Sioux City, Iowa, Omaha, Nebr., and Indianapolis, Ind.; and from New Or­leans, La., and Mobile, Ala., to Fergus Falls, Minn., and points in North Dakota, except Bismarck, N. Dak. Donald E. Leonard, Box 2028, Lincoln, Nebr., a t­torney for applicants.

No. MC-FC 66776. By order of April 3, 1964, the Transfer Board approved the transfer to Merlin C. Schnoor, Manilla, Iowa, of the operating rights in Certifi­cate No. MC 34534, issued September 14, 1953, to Ben Huebner, Denison, Iowa, authorizing the transportation, over regular routes, of: Livestock, feed, hard­ware, building materials, agricultural implements, and related farm material, between Denison, Iowa, and Omaha, Nebr., serving certain intermediate and off-route points.

No. MC-FC 66778. By order of April 3, 1964, the Transfer Board approved the transfer to Robert E. Elmore, Tallahas­see, Fla., of Certificate No. MC 4394, issued August 26, 1943, to G. D. Elmore, Holt, Fla., authorizing the transporta­tion over regular routes, between Dothan, Ala., and Camilla, Ga., of peanuts and cottonseed and cottonseed hulls, cotton­seed meal, and peanut meal; between Dothan, Ala., and Mobile, Ala., of cotton in bales, cooking oil, peanut butter, and cottonseed meal and groceries and agricultural commodities, with service authorized to and from the intermediate point of Pensacola, Fla., without restric­tion; and from intermediate and off- route points within 25'miles of Dothan, restricted to pick-up of cotton only; and between Dothan, Ala., and Columbus, Ga., of cotton in bales and livestock, hardware, bagging and ties; cotton in bales, fertilizer, fertilizer materials, pea­nuts, cottonseed meal, and cottonseed hulls, over irregular routes between points in Alabama, Georgia, and Florida, within 75 miles of Dothan, Ala., includ­ing Dothan; and groceries, hardware, cotton, cottonseed, peanuts, livestock, cottonseed meal and cottonseed hulls, between Dothan, Ala., on the one hand, and on the other, points in Alabama. Norman J. Bolinger, 1730 Lynch Build­ing, Jacksonville 2, Florida, attorney for applicants.

[seal] H arold D. McCoy,Secretary.

[F.R. Doc. 64-3829; Filed, Apr. 17, 1964;8:49 a.m.]

[Notice No. 970-A]MOTOR CARRIER TRANSFER

PROCEEDINGSApril 15,1964.

Synopses of orders entered pursuant to section 212(b) of the Interstate Com­merce Act, and rules and regulations

5330 NOTICES

prescribed thereunder (49 CFR Part 179), appear below:

As provided in the Commission’s spe­cial rules of practice any interested per­son may file a petition seeking recon­sideration of the following numbered proceedings within 20 days from the date of publication of this notice. Pursuant to section 17(8) of the Interstate Commerce Act, the filing of such a petition will postpone the effective date of the order in that proceeding pending its disposi­tion. The matters relied upon by peti­tioners must be specified in their peti­tions with particularity.

No. MC-FC 66575. By order of April 14, 1964, the Transfer Board approved the transfer to Philip Stinger, Inc., a Delaware Corporation, Philadelphia, Pa., of Permits in Nos. MC 67419 and MC 67419 (Sub No. 1), issued September 10, 1952 and June 13, 1961, respectively, to Philip Stinger, Inc., a Pennsylvania Cor­

poration, Philadelphia, Pa., authorizing the transportation of: Roofing materials and supplies, and supplies and materials used in the manufacture thereof, be­tween Philadelphia, Pa., on the one hand, and, on the other, points in New Jersey, Delaware, Maryland, the District of Co­lumbia, and a part of New York state; and, gypsum wallboard and gypsvun products, and materials and supplies used in the installation thereof, from Wilmington, Del., to Washington, D.C., points in certain counties in Virginia, and points in Maryland, New Jersey, New York, Pennsylvania, and West Virginia, and materials and supplies used in the manufacture of gypsum wallboard and gypsum products, on the return; and gypsum products, from Edgewater, N.J., to Wilmington, Del. Raymond A. This­tle, Jr., 1500 Walnut Street, Philadelphia 2, Pa., attorney for applicants.

No. MC-FC 66650. By order of April 7, 1964, the Transfer Board approved the transfer to Joura Movers, Inc., Staten Island, N.Y., of the operating rights in Certificate in No. MC 76980, issued Oc­tober 27, 1943, to The Bergen Storage Warehouse Company, A Corporation, Jersey City, N.J., authorizing the trans­portation of household goods, as defined between New York, N.Y., and points in New Jersey, on the one hand, and, on the other, points in Connecticut, Dela­ware, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and the District of Columbia. Alvin Altman, 1776 Broadway, New York 19, N.Y., attorney for applicant.

[seal] Harold D. McCoy,Secretary.

[F.R. Doc. 64-3830; Filed, Apr. 17, 1964;8:49 ajn.]

CUMULATIVE CODIFICATION GUIDE— APRILThe 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 April.

1 CFR pageCFR Checklist________________ 46453 CFRP roclamations :

3579 ____________________ 48493580 ____________________ 52673581 ____________________ 5269

Executive Orders:June 13, 1899 (revoked in part

by PLO 3384)___________ 51661194 (revoked in part by PLO

3384)_____ ,_____________ 51664131 (revoked in part by PLO

3384)___________________ 5166April 27,1918 (revoked in part

by PLO 3362)__ 5035April 8, 1919 (revoked in part

by PLO 3370)______— __ 50385907 (revoked in part by PLO

3370)___________________ 503811149 ________ - _________ 476511150 ___________________ 478911151 ___________________ 498911152 _______________ — ___ 5271

P residential Documents Other T han P roclamations and E xecu­tive Orders:

Memorandum of Mareh 26,1964____________________ 4851

5 CFR213_______________ -__________4717,

4768, 4791, 4905, 4991, 5031, 5067, 5161, 5209, 5303.

534_____________ ;____________ 4853550__________________________ 50677 CFR401-_____________________ 4905, 4906701_____________________ 5273718 ________________________ 5273719 _____;____________ ______ 5303722___ __________ 5220, 5221, 5274, 5303729________________ 4665775-_________________________ 4717842__________________________ 4767851__________________________ 4666855_____________ 4970862____________ 4869905__________________________ 4907

7 CFR—Continued page907 __________ 4791908 _______ 4791,4792, 5031, 5274, 5304909 ____________ 5031910 _____________ 4792, 5032, 5067,5305944_____________________________ 47671137—_____________________ 52751138________'.___ ________________ 50321421—______________________ 4908, 49911427__ ____________ - ________ 4991, 5305.1430___________________ - _______ 46671434____________________- _______ 53071483____________________________ 4667Proposed R ules:

81— ___________________4676, 4804362________________4723, 4917, 5243817___________________ 4676851____ _____- ______________ 5243855___ 4970908________- ________________ 4723910_________________________ 4723929_________________________ 50421035_______ 1 —_____________ 52281103______________________ - 46761105________________________ 46761107_______________________ - 46761201—_____ 4723

8 CFR343a____________________________ 4961343b____________________________ 49619 CFR16 ____________________________ 476717 ____________________________ 476718 ___________ 4767, 496174__________________________ 4962, 531378____ 4991201 _______________________ 4645, 5275202 __ 4645203 _ 4645P roposed R ules:

I ___ 49709 _________________________ 497010 ________________________ 4970I I ________________________ 4970

10 CFRP roposed R ules:

20__________________________ 491730______________________ 4918, 5007

10 CFR^Continued pageProposed Rules—Continued

40_______________________ 500750_______________ -_____— 500770—_____ 5007140______________________ 4919

12 CFR1_________ ____________ _ 5314,5315218 _______ _______ _______ _______ — 5315219 _____________________ 5225222__________________________ 5161523—________________________ 4993545__________________________ 464513 CFR105__________________________ 47171Q7 5223P roposed R ules:

107_______________________ 4813121______ 5010

14 CFRChapter I --------- 485340 «, 4993------- ------------------ ------ m42——I T ” ~~~~______ 499561 ~ [New] I —-------------------------- 471771 [New]________________________- 4670,

467l” 4719~ 4793", 4853-4855, 4908,4963, 4996, 5067, 5162, 5209, 5316-5318. ^ C1C073 [New]___ 4670,4768,4769,4908,5162

75 [New]_________________48881 I S91 [New]__________________ —97 [New]----------------- 4856,298---------— ------------------------ gg002 _________ - 53183 8 6 - - — " - ” ” ” ” ’ _______ 5033507________ 4719,4909, 5163,5318,5319P roposed R ules:

1 [New]-------------------- g g

23 [New]---------------------61 [New]______—---------4’38’4863 [New]------------------------65 [New]------------------------- ¿qin67 [New]---------------------------- — 2u\71 [New]—------------------- - - - - t t t “ i’

4742, 4778, 4891, 5008, 5009, 5321.5322.

FEDERAL REGISTER 5331Saturday, April 18, 1964

14 CFR— Continued Pageproposed R oles- - C on tin u ed

73 [New]___1------------- 4742,500975 [New]___ -____ 5168,5322,532391 [New]-,---------— --------- 477893 [New]-------------------------- 4805143 [New]------------------------ 4919221__________________________ 4724298------------- ------------------ - 5321385------ 4724507„________________ 4743,4778

15 CFR385------- 516316 CFR13 ___________ ______ 4793-4796,

4963, 4964, 5067, 5164, 5165, 5319, 5320,

14 _________________________ 5068Proposed Rules:

35______________________ 497460 _______________ 497461 _________ - ______ 4974118______________________ 4974154__________ 4974

17 CFR200____________201___________240..... ..... .Proposed Rules:

240______18 CFR2__..... ,156 ......157 --------250_________260........19 CFR6.......

__________ 4965, 5275______ _____ 4965______________ 4769

- ........ ... 5168

__________ 4873,4875------------- 4875

8......12_______24....Proposed Rules:

24_________21 CFR19___25...

121.... . 4672, 4966, 4997, 5068146a___

Proposed Rules:17____19_________ 4RQH191 ---- ---- t±ov\J----- ¿8Q1

22 CFR41__42. --------------- ^25 CFR144..144.221............................................................... 4797

............................. ——--------- 4798?6 CFR

152~~p*oposed Rules;

29 CFRProposed Rules:

541________30 CFRProposed Rules:' 10_________

11_________12_________13 ___14 ___14a________15 ___16 ___17 _______ _______ _______18 ___19 ___20 ___21_______22_________23 ___24 ___25 _______ _______ _______26 ___27_________31 ___32 ___33 ___34 ___35 ___36 _______ r............. ...............

31 CFR330____________339____________32 CFR561____________719____________725____________732____________750 _______751 _______804_______825____________861___________862____________874 _______875 _______ _______ _______878____________881____________1001___________1007___________1453____ _______32A CFROEP (Ch. I ) :

DMO1-17___' DMO V-4___

DMO V-7___DMO 8600.1-.

33 CFR124___ _________126____________203____________207____________401____ ________36 CFRProposed Rules:

7______ _38 CFRl ____________6_______________8_______________14____ ________41 CFR2-16___________8-75___________

Page

5088

___ 4885___ 48854885.4970___ 4886___ 4886___ 4886___ 4886___ 4887___ 48874887.4970___ 4887___ 4887___ 4888___ 4888___ 4888___ 4888___ 4888___ 4889___ 4889___ 4889.__ 4889___ 4889___ 4890___ 4890

_ 4890

50005002

------------------ 5295------------------ 4798____________ 4646____________ 5226____________ 4798------------------ 4798________ 4771,4772____________ 4774_____ — 4774, 5076____________ 4774---- -------------- 4774------------- 4775, 50764772,4911, 5002, 5076------------------ 4774____ ;_______ 4911____________ 4911________ 5034

5076507650765076

52765276491150025034

4720

4970

5165500250024911

49664912

42 CFR Pa*e61------------------ 500343 CFR3100-------------------------------------- 49673120-------------------------------------- 49673210_________________________ 4967Public Land Orders:

2320 (revoked by PLO 3367) „ 5037 2956 (revoked in part by PLO

3376_______ 50783338 (corrected by PLO 3374) _ 50773358--------------------------------- 48843359— ___________________ 49123360 ---------- . . . _____ _ 49123361 __________________ 50353362 --------------------------- 50353363 __________________ 50363364 _____ 50363365 --------------------------- 50363366 --------------------------- 50373367 --------------------------- 50373368 _______________ 50373369 --------------------------- 50373370 --------------------------- 50383371 --------------------------- 50383372 --------------------------- 50383373-------------------------------- 50383374 ---------------- 50773375 --- 50783376 --------------------------- 50783377 --------------------------- 50783378 _ 50783379 _____________ 50793380-------------------------------- 50793381 --------------------------- 50803382 ------------- '_________ 51663383 _ 51663384 _________________ ; 5166

45 CFR13----------------------------------------- 508060-------------^ _____„_______ ___ 4674143------------------------------------- 500446 CFR43---------------- 508544_---------------------------------------- 508645 ------------------- 508646 -------------------------------- 5087530___ 504147 CFR0 --------------------------- 49131 ----- 48012 -------------------------------- 516673— ------------------------------- 4721, 488481----------------------------------------- 472183----------------------------------------- 472193------- 4802Proposed Rules:

73______ 4743, 4806, 4892,4920,492289------------------------------ 4808, 492391----------------------------------- 480893----------------------------------- 4808

48 CFR181---------------------------------------- 491349 CFR131---------------------------------------- 5005187--------- 5006500_________________________ 4914Proposed Rules:

Ch. I— ___________ 5244191 --------------------------- 4813192 --------------------------- 4814

50 CFR32 -------------------------------- 472233 ------------- 4674,4675, 4803,496880________ 5167

know your government

O fficial guide to the functions o f the Federal G overnm ent

PAPER BOUND, WITH CHARTS

Order fromSuperintendent of Documents, U.S. Government Printing Office, Washington, D.G., 20402