Federal Register: 32 Fed. Reg. 10149 (July 11, 1967). - Loc

FEDERALREGISTERVOLUME 32 * NUMBER 132

Tuesday, July 11, 1967 0 Washington, D.C.

Pages 10149-10243

Agencies in this iue-The Pre-dentAgricultural Stabilization and

Conservation ServiceAgrlculture DepartmentAtomic Energy CommissionCivil Service CommissionComptroller of the CurrencyConsumer and Marketing ServiceCustoms BureauDefense DepartmentEqual Employment Opportunity

Commlz-sonFederal Aviation AdministrationFederal Communications CommissionFederal Deposit Insurance CorporationFederal Power CommissionFederal Reserve SystemFcal ServiceFood and Drug AdministrationGeneral Services AdministrationInternal Revenue ServiceInterstateCommerce CommissionMaritime AdministrationNational Bureau of StandardsNational Transportation Safety

BoardPublic Health ServiceSecret ServiceSecurities and Echange CommissionSmall BusInez3 Administration

Detailed list of Contents nppears inside.

Public Papers of the Presidentsof the United States

Annual volumes containing the public messages and statements, newsconferences, and other selected papers released by the White House.

Volumes for the following years are now available:

HARRY S. TRUMAN1945 ------------------- $5.50 1949 ------------------- $6.751946 ------------------- $6.00 1950 ------------------- $7. 751947 ------------------- $5.25 1951 ----------------- $6. 251948 ------------------- $9. 75 1952-53 ----------------- $9.00

DWIGHT D. EISENHOWER1953 ---.-------- $6. 75 1957 ---------- --- $6.751954 ..................-$7.25 1958 ---------- --- $8.251955 - - ------- $6.75 1959 ------------------- $7.001956 ------------------- $7. 25 1960-61 --------------- $7. 75

JOHN F. KENNEDY1961 -------------------- $9.00 1962 -------------------- $9.00

1963 ------------------- $9.00

LYNDON B. JOHNSON1963-64 (Book I) -------- $6.75 1965 (Book I) ---------- $6.251963-64 (Book H) --------- $7.00 1965 (Book I) ------------ $6.25

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Contents

THE PRESIDENTEXECUTIVE ORDEROfficers of the Marine Corps in the

grade of first lieutenant; sus-pension of provision of U.S.Code --------------------- 10153

EXECUTIVE AGENCIESAGRICULTURAL STABILIZATION

AND CONSERVATION SERVICENoticesDomestic beet sugar producing

area; 1968-crop proportionateshares; hearing ----------- 10220

AGRICULTURE DEPARTMENTSee also Agricultural Stabilization

and Conservation Service; Con-sumer and Marketing Service.

Rules and RegulationsGreat Plains Conservation Pro-

gram; miscellaneous amend-ments ------------- 10155

ATOMIC ENERGY COMMISSIONProposed Rule MakingLicensing of production and Utili-

zation facilities; general designcriteria for nuclear power plantconstruction permits-...... 10213

NoticesAllis-Chalmers Manufacturing-

Co.; issuance of provisional op-erating authorization ..------- 10229

CIVIL SERVICE COMMISSIONNoticesManpower shortage; Contract Ne-

gotiator et. al. ------------- 10227Minimum rates and rate ranges:

Nurse, Division of IndianHealth ------------- _ 10227

Psychologist-------------- 10227

COMMERCE DEPARTMENTSee Maritime Administration; Na-

tionalBureau of Standards.

COMPTROLLER OF THECURRENCY

NoticesInsured banks; joint call for re-

port of condition; cross refer-ence ---------------------- 10219

CONSUMER AND MARKETINGSERVICE

Rules and RegulationsAvocados grown In South Florida;

shipments limitation -------- 10156

Proposed Rule MakingMilk in certain marketing areas;

decisions:Central 'West Texas-_ _ 10206Southern Ilinois etaL...... 10203

CUSTOMS BUREAURules and RegulationsCustoms Automated Accounting

System; suspension of effectivedate ----------------- 1020

DEFENSE DEPARTMENTRules and RegulationsProcurement; miscellane-

ous amendments ------ 10157

EQUAL EMPLOYMENTOPPORTUNITY COMMISSION

NoticesFlight cabin attendants; sex as

qualification; hearing_....... 10228

FEDERAL AVIATIONADMINISTRATION

Rules and RegulationsControl zone; alteration of desig-

nation ------------- 10193Control zones and transition

areas; alterations (2 docu-ments) 10192,10103

Federal airways; alteration---- 10192Restricted area; alteration-....... 10194Transition areas; alterations (2

documents) 10193

Proposed Rule MakingControl zone; alteration--..----- 10210Control zones and transition

areas:Alteration 10210Designation ----------- 10211

Federal airway; alterations (2documents) ---------- 10210, 10213

Jet route; alteration ..------- 10212Transition areas:

Alteration ----------------- 10212Designation (2 documents)_-- 10210,

10213VOR Federal airways; alteration

and desilgnation_--- 10212

FEDERAL COMMUNICATIONSCOMMISSION

Rules and RegulationsFrequency allocations and radio

treaty matters; miscellaneousamendments --------------- 10181

Radio broadcast services; emer-gency broadcast system ..... 10184

FEDERAL DEPOSIT INSURANCECORPORATION

Rules and RegulationsAdvertisement of membership-- 10189NoticesInsured banks; Joint call for re-

port of condition__ - - 10228

FEDERAL POWER COMMISSIONNoticesHearings, etc.:

Humble O11 and Refining Co.et a L_...10229

Idaho Power Co-........ 10237Kerr-McGee Corp -..... 10233Kerr-M, cGee Corp. et aL 10234Union Gas System, Inc., and

Cities Service Gas Co ------. 10237Vaughn, G. H., Jr., et a...... 10235

FEDERAL RESERVE SYSTEMNoticesInsured batnks; Joint call for re-

port of condition; crozs refer-ence 10237

FISCAL SERVICERules and RegulationsWithdrawal of cash from Treas-urY for advances under Fed-eral pro:rams _ - 10201

FOOD AND DRUGADMINISTRATION

Rules and RegulationsColor additives; com endosperm

oil 10199Dru,.; antibiotic troche..... 10199

GENERAL SERVICESADMINISTRATION

NoticesProperty management; revised re-

placement standards for furnl-ture and office machine.-._ 10237

HEALTH, EDUCATION, ANDWELFARE DEPARTMENT

See Food and Drug Administra-tion; Public Health Service.

INTERNAL REVENUE SERVICEProposed Rule MakingLabeling and advertising of dis-

tilled spirits; hearing_ .. 10203

INTERSTATE COMMERCECOMMISSION

NoticesFourth section application for re-

lief; correction- . 10241Motor carrier temporary author-

ity applications-. 10240

MARITIME ADMINISTRATIONNoticesApplications:

American Export IsbrandtsenLines, Inc ...... 10221

American Mall Line, Ltd---- 10220Redelegations of authority; func-

tions 10221(Contfnucd on =~t p01)

10151

CONTENTS

NATIONAL BUREAU OFSTANDARDS

Rules and RegulationsFee schedules for measurement

services --------------------- 10194Transcript services; motion pic-

tures ----------------------- 10198

NATIONAL TRANSPORTATIONSAFETY BOARD

Notices

Aircraft accident near Marseilles,Ohio; hearing --------------- 10227

PUBLIC HEALTH SERVICERules and Regulations

.Grants to improve quality oftraining centers for alliedhealth professions; specifiedcurriculum and assurances re-quired --------------------- 10202

SECRET SERVICENoticesOrganization, functions, and pub-

lic information procedures --- 10219

SECURITIES AND EXCHANGECOMMISSION

Rules and RegulationsInformation and requests ------- 10198NoticesHearings, etc.:

American & Foreign Power Co.,Inc --------------------- 10238

Chromalloy American Corp.et al -------------------- 10239

Gulf & Western Industries, Inc- 10239Jonathan Logan, Inc., et al .... 10240Lear Siegler, Inc ------------- 10239Litton Industries, Inc -------- 10240

SMALL BUSINESSADMINISTRATION

Rules and RegulationsAdministrative claims under Fed-

eral Tort Claims Act --------- 10100

TRANSPORTATION DEPARTMENTSee Federal Aviation Administra-

tion; National TransportationSafety Board.

TREASURY DEPARTMENTSee Comptroller of the Currency;

Customs Bureau; Fiscal Serv-ice; Internal Revenue Service;Secret Service.

List of CFR Parts Affected(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected bydocuments 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 sectionsaffected by documents published since January 1, 1967, and specifies how they are affected.

3 CFREXECUTIVE ORDER:11361 ----------------------- 10153

7 CFR601 ------------------------- 10155915 ------------------------- 10156PROPOSED RULES:1032 ------------------------ 102031050 ------------------------ 102031062 ------------------------ 102031067 ------------------------ 102031128 ------------------------ 10206

10 CFRPROPOSED RULES:50 -------------------------- 10213

12 CFR328 ---------------------------- 10189

14 CFR71 (6 documents) -------- 10192, 1019373 -------------------------- 10194PROPOSED RULES:

71 (9 documents) -------- 10210-1021375 -------------------------- 10212

15 CFR200 ------------------------- 10194235 ------------------------- 10198

17 CFR200 ------------------------- 10198

19 CFRCh. I ----------------------- 10200

21 CFR8 -------------------------- 10199141e --------------------------- 10199146e --------------------------- 10199

13 CFR114 ---------------------------- 10o10 27 CFR

PROPOSED RULES:5 --------------------------- 10208

31 CFR205 ------------------------- 10201

32 CFR1 ------------------------------ 101572 ------------------------- ---- 101583 ----------------------------- 1015D4 ------------------------------ 101616 ------------------------------ 101677 ------------------------------ 101679 ------------------------------ 1017210 ---------------------------- 1011213 ----------------------------- 1017316 ------------------------------ 1017318 ----------------------------- 1017422 ------------------------------ 1017430 -------------------------- 10180

42 CFR57 ----------------------------- 10202

47 CFR2 ------------------------------ 1018173 ------------------------------ 10184

10152

10153

Presidential Documents

Title 3-THE PRESIDENTExecutive Order 11361

SUSPENDING A PROVISION OF SECTION 5751(b) OF TITLE 10, UNITEDSTATES CODE, WHICH RELATES TO OFFICERS OF THE MARINE CORPSIN THE GRADE OF FIRST LIEUTENANTBy virtue of the authorit vested in me by Section 5785 (b) of Title

10 of the United States C'ode, I hereby suspend the provision ofSection 5751 (b) of Title 10 of the United States Code which relates tothe service-in-grade requirement for officers of the Marine Corps inthe grade of first lieutenant for eligibility for consideration by aselection board for promotion to the next higher grade.

TnM WmH HoUsE,July 6, 1967.

[F.R. Doc. 67-S053; FlIet, 3uly 10, 107; 11:43 a.m.]

FEDERAL REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967

10155

Rules and RegulationsTitle 7-AGRICULTURE

Chapter V--Soi Conservation Serv-ice, Department of Agriculture

PART 601-GREAT PLAINS CON-SERVATION PROGRAM

Subpart-General ProgramProvisions

The regulations governing the GreatPlains Conservation Program, 22 F.B.6851, as amended, are hereby furtheramended as provided herein.

Sections 601.1 Deftnitions is amendedby:

Deleting paragraphs (a) and (bb) intheir entirety and by substituting in lieuthereof the following:§ 601.1 Definitions.

(aa) "Cost" means (1) the amount ac-tually paid or engaged to be paid by theproducer for equipment use, materials,and services for carrying out an identifi-able unit, or (2) if the producer uses hisown forces In carrying out an identifiableunit, the constructed value of his ownlabor, his own equipment use and thematerials be produced and used. Con-structed values shall be developed in ac-cordance with guidelines established bythe Administrator, SCS.

(bb) "Average cost" means the aver-age of the current cost estimates con-sidered necessary to carry out an Identi-fiable unit.

(cc) "Specified maximum cost" meansthe Taximum amount, with respect to anidentifiable unit to which cost sharingwill apply.

(dd) 'Trogram year" means the pe-riod beginning July 1, and ending onDecember 31, of the succeeding year.

- Section 601.8 Contracts is amendedby changing paragraph (a) and by add-Ing at the end thereof two paragraphs(d) and (e) to read as follows:§ 601.8 Contracts.

"(a) (1) In order for a producer toparticipate in the program, a contractmust be entered into by him for the con-tract period by which he shall agree toaccomplish his plan of operations. Whereany person has control of the operatingunit for. the proposed contract period,he must sign the contract. Evidencesatisfactory to the contracting officer ofthe control of the operating unit by theproducer must be presented.

(2) The contract shall be for a periodthat is needed to carry out and establishthe conservation practices In the plan ofoperations for which Federal cost-sharecommitments are made under the pro-gram. Contracts may be entered intoduring the period ending not later thanDecember 31, 1971. The period of anycontract shall not exceed 10 years (120

FEDERAL

months) and the period of the Initialcontract shall not be less than 36 months.

(3) The contracting officer having de-termined that the plan of operations isadequate for a contract may execute thecontract with the producer subject tocertification In the Soll ConservationService State Office that funds are avail-able. It Is the responsibility of the pro-ducer who signs a contract to keep thecontracting offlcer currently Informed ofhis mailing address.

(4) If, during the contract period, allor part of the right and interest of anyproducer signatory to the contract In anoperating unit is transferred by sale orotherwise, his successor, as transferee,during the contract period may upon hisrequest be substituted under the contractfor that transferred by executing a formprescribed by the Administrator, SCS forsuch purposes. Also see § 601.20.

(d) The contracting officer may find,in accordance with standards deter-mined by the Administrator, SCS, thatan Identifiable unit has been carriedout in accordance with applicable pro-gram provisions but, due to conditionsbeyond the control of the producer sig-natory to the contract, has failed toachieve the desired results. In such casesthe contracting offleer may agree tomodify the contract to authorize cost-share payments for again carrying outthe identifiable unit: Provided, That theremaining period of the contract is ofsuch length of time as to allow thecarrying out and establishment of theIdentifiable unit. The producer may notbe required to again carry out an Iden-tifiable unit that has failed due to condi-tions beyond his control.

(e) The contracting offcer may find,in accordance with standards deter-mined by the Administrator, SCS, thatan Identifiable unit has been carried outin accordance with applicable programprovisions and has achieved the desiredresults but, due to conditions beyond thecontrol of the producer signatory to thecontract, subsequently deteriorated dur-Ing the contract period to the point ofneed of repeat applications. In suchcases the contracting officer may agreeto modify the contract to authorize cost-share payments for again carrying outthe identifiable unit: Provided, That theremaining period of the contract Is ofsuch length of time as to allow the carry-ing out and establishment of the Iden-tifiable unit. The producer may not berequired to again carry out an Identifi-able unit that has deteriorated due tocircumstances beyond his control.

Section 601.11 Eligible conserrationpractices is amended by revising para-graph (a) (25), by deleting paragraph(a) (26) in Its entirety, by revising para-graphs (b) and c) and by adding para-

graphs (d), (e), (), and (g) to read asfollows:§ 601.11 Eligible conservation prc'ctices.

(a) "*"(25) Consistent with the principles set

forth in this program, any conservationpractice not included In subparagraphs(1) through (24) of this paragraph butwhich is needed to meet particular con-rervation problems in a designatedcounty shall, with the recommendationof the Administrator, SCS, and the Ad-mins trator ASCS. be submitted by theAdministrator, ASCS, to the Secretaryfor approval. Such approval may be givenonly upon the recommendation of theState Conservationist and the Chairmanof the State ASC Committee and thedesignated SCS technician and theChairman of the County ASC Committee,and upon their finding (I) that the con-servation problem exists on a substantialnumber of operating units in the desig-nated county, (li) that the conservationpractices listed in this program will notprovide adequate treatment of the prob-lem, i1) that the proposed conservationpractice will adequately meet the prob-lem, (iv) that the proposed conservationpractice would not be performed to theextent needed without Federal costsharing, (v) that the proposed conserva-tion practice will provide the mostenduring solution to the problem prac-ticably attainable under existing cir-cumstances, (vi) that the proposedconservation practice is one on which theoffering of financial assistance is fullyJustified as being appropriate and In thepublic interest, and (vii) that the pro-posed conservation practice meets thestandards and requirements of compa-rable conservation practices in this pro-gram. Costs will not be shared under thisconservation practice for elements ofperformance for which cost sharing isspecifically precluded by the wording ofa similar conservation practice or else-where in this program.

(26) [Deleted](b) (1) A list of eligible conservation

practices selected from the Great PlainsConservation Program Practice List,§ 601.11a (1) through (24) of the re_ula-tions of this part, and a cost-share ratefor each practice included in the listshall be developed for each Great PlainsState. This list with cost-share ratesshall be developed by the State Conserva-tionist and the Chairman of the StateASC Committee, after consultation withthe State Program Committee; andshall be submitted by the State Conser-vationist to the Administrator, SCS, forreview and recommendation of both theAdministrator, SCS, and the Administra-tor, ASCS, prior to transmittal by theAdministrator, SCS. and the A&mInistra-for approval.

(2) The aximum cost-share rate forcarrying out a practice or an Identifiableunit may not exceed 80 percent.

REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967

RULES AND REGULATIONS

(3) Any change in the state list de-veloped and approved in accordance withthis subsection must be approved by theSecretary. Recommendations for changesshall be signed by the State Conserva-tionist and the Chairman of the StateASC Committee and submitted by theState Conservationist to the Adminis-trator, SCS, for review and recommenda-tion by both the Administrator, SCS,and the Administrator, ASCS, prior tothe transmittal by the Administrator,ASCS, to the Secretary for approval.

(c) A list of practices selected fromthe State list (see paragraph (b) of thissection) shall be developed for each des-ignated county. This list shall includethe cost-share rate for each practice andidentifiable unit included in the list. Thecost-share rate in this list may not ex-ceed, but may be lower than, the cost-share rate in the State list (see para-graph (b) of this section). This list shallalso include an average cost or a spec-ified maximum cost developed in accord-ance with paragraph (e) of this sectionfor each practice or identifiable unit in-cluded in the list. This list when devel-oped, and when approved by the desig-nated SCS technician and the Chair-man of the County ASC Committee afterconsultation with the County ProgramCommittee, must be approved by theState Conservationist and the Chairmanof the State ASC Committee.

(d) Average costs and specified maxi-mum costs shall be determined annu-ally from cost data collected on a con-tinuing basis as prescribed by the Admin-istrator, SCS.

(e) Average costs, specified maximumcosts, and cost-share rates that willapply to each designated county for a 12-month period shall be approved by thedesignated SCS technician, County ABCChairman, State Conservationist, andthe Chairman of the State ASC Commit-tee, not later than March 1, each year.

(f) Changes in average costs, specifiedmaximum costs, and cost-share ratesapproved in accordance with paragraph(e) of this section may be approved atany time by the designated SCS techni-cian, County'ASC Chairman, State Con-servationist, and the Chairman of theState ASC Committee.

(g) Approvals required in paragraph(b), (c), (e), and (f) of this section shallbe in a format prescribed by the Admin-istrator, SCS.

Section 601.12 Cost-share paymentsis amended by revising paragraph (a)and by deleting paragraphs (c) and(d) in their entirety to read as follows:

§ 601.12 Cost-share payments.

(a) Cost-share payments shall bemade at cost-share rates specified in thecontract, at the average cost, or theactual cost not to exceed the averagecost, or the actual cost not to exceed thespecified maximum cost as set forth inthe contract. Provided, That, if the aver-age cost or the specified maximum cost,applicable at the time of initial actionto carry out the Identifiable unit is less

than the average cost or specified maxi-mum cost set forth in the contract, pay-ment shall be made on the basis of suchlower average cost or lower specifiedmaximum cost: Provided further, Thatwhenever the approved average .cost orspecified maximum cost, in effect at thetime any identifiable unit covered by acontract is scheduled to be carried out, isin excess of the average cost or specifiedmaximum cost set out in the contract,such contract may be modified by thecontracting officer prior to initial actionto carry out such identifiable unit toreflect such increased average cost orspecided maximum cost.

* [ e l e

(c) [Deleted](d) (Deleted]

(Sec. 4, 49 Stat. 164, as amended, 16 U.S.C.590d)

Done at Washington, D.C., this 6thday of July 1967.

[SEAL] JoHN A. BAKER,Assistant Secretary.

[F.R. Doec. 67-7961; Filed, July 10, 1967;8:50 am.l

Chapter IX-Consumer and Market-ing Service (Marketing Agreementsand Orders; Fruits, Vegetables,Nuts), Department of Agriculture

. [Avocado Order 9, Amdt. 2]

PART 915-AVOCADOS GROWN INSOUTH FLORIDA

Limitation of Shipments'Findings. (1) Pursuant to the market-

ing agreement, as amended, and OrderNo. 915, as amended (7 CFR Part 915),regulating the handling of avocadosgrown in south Florida, effective underthe applicable provisions of the Agricul-tural Marketing Agreement Act of 1937,as amended (7 U.S.C. 601-674), and uponthe basis of the recommendations of theA v o c a d o Administrative Committee,established under the aforesaid market-ing agreement and order, and upon otheravailable information, it is hereby foundthat the limitation of handling of avo-cados, as hereinafter provided, will tendto effectuate the declared policy of theact.

(2) It is hereby further found that itis impracticable, unnecessary, and con-trary to the public interest to give pre-liminary notice, engage in public rule-making procedure, and postpone the ef-fective date of this amendment until 30days after publication thereof In the FED-ERAL REGISTER (5 U.S.C. 553) in that thetime intervening between the date wheninformation upon which this amendmentis based became available and the timewhen this amendment must become ef-fective In order to effectuate the de-clared policy of the act Is Insufficient; areasonable time Is permitted, under thecircumstances, for preparation for sucheffective time; and good cause exists formaking the provisions hereof effectivenot later than the date hereinafter setforth. A reasonable determination as tothe quality and the time of maturity ofavocados must await the developmentof the crop; a determination as to thematurity of the varieties of avocadoscovered by this amendment was made atthe meeting of the Avocado Administra-tive Committee on June 14, 1967. Supple-mentary information with respect tosuch maturity was submitted to the De-partment on July 3, 1967. After consid-eration of all available information rela-tive to the growing conditions prevailingduring the current season, recommenda-tions and supporting information forsuch maturity regulations were sub-mitted to the Department; such meet-ing was held to consider recommenda-tion for such regulation after giving duenotice thereof, and Interested partieswere afforded opportunity to submittheir views at this meeting; the provi-sions hereof are Identical with the afore-said recommendations of the committeeand information concerning such pro-visions has been disseminated among thehandlers of avocados; and compliancewith the provisions hereof will not re-quire of handlers any preparation there-for which cannot be completed by theeffective time hereof.

Order. The provisions of subparagraph(a) (2) of j 915.309 (32 P.R. 7213, 8761)are hereby amended by revising In TableI certain dates and minimum weightsand diameters applicable to the Pollockand Simmonds varieties of avocados, sothat after such revision the portion ofsuch Table I relating to such varietiesreads as follows:

Minimum Minimum MinimumVariety Date weight or Date weight or Date weight or Date

dlameter diameter diamete-

(1) (2) (a) (4) (5) (6) (7) (3)

Pollock -------------------------- 7-10-67 18 oz. 7-31-0731X6* in.

Simmonds ----------------------- 7-10-67 16 oz. 741-7

(Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674)

Dated July 7, 1967, to become effective July 10,1967.P. I,. SOUTHERLAND,

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

[P.R. Doc. 67-7978; Filed, July 7, 1967; 11:40 a.m,]


1015G


Title 32-NATIONAL DEFENSEChapter I-Office of the Secretary of

DefenseSUBCHAPTER A-ARMED SERVICES

PROCUREMENT REGULATIONS

MISCELLANEOUS AMENDMENTSTO SUBCHAPTER

The following amendments to this sub-chapter are issued by direction of the

- Assistant Secretary of Defense (Instal-lations and Logistics) pursuant to au-thority contained in Department of De-fense Directive No. 4105-30, dated March11, 1959 (24 F.R. 2260) as amended, andI0 U.S.C. 2202.

PART 1-GENERAL PROVISIONS1. New §§ 1.201-29, 1.201-30, and 1.-

305-5 are added, and §§ 1.308,1.311,1.313,and L315 are revised, as follows:

§ 1.201-29 Automatic data processingequipment (ADPE).

Automatic data processing equipment(ADPE) means:

(a) Digital and Analog Computercomponents and systems, irrespective oftype of use, size, capacity, or price (FSC7440);

(b) All peripheral, auxiliary, and ac-cessorial equipment used in support ofDigital and/or Analog Computers, eithercable connected, or "self standing" andwhether selected or acquired with thecomputers or separately (FSC 7410 or7440);(c) Punched Card Machines (PCM)

and systems used in conjunction with orindependently of Digital or Analog Com-puters (FSC 7410); and(d) Digital and Analog Terminal and

Conversion equipment that is acquiredsolely or primarily for use with a sys-tem which employs a Computer orPunched Card Machines (FSC 7410 or7440).

§ 1.201--30 Paying office.

"Paying office" means the office whichmakes payments under the contract.

§ 1.305-5 Research, exploratory devel-opment and advanced development.

Solicitations shall generally indicateeither a desired term'of performance ora completion date. In cases where devel-opment of a tangible item by a given dateis urgent, solicitations shall indicate suchurgency. Generally, solicitations to con-duct research and exploratory develop-ment work -will specify a level of effortfor a term of performance. However,solicitations calling for a specific item inthe category of such exploratory or ad-vanced development will specify a com-pletion date. A contractor may proposean alternate term of performance orcompletion date without disqualificationof his proposal.

§ 1.308 Documentation of procurementactions; maintenance and dispositionof contract files.

(a) Each office performing purchas-ing, contract administration, or contractpaying functions shall maintain official

records of all actions with respect tosolicitations and contracts in accordancewith the provisions of this section, ex-cept that the application of these pro-visions to small purchases and othersimplified procurements covered by sub-part F Part 3 of this chapter, is optional.The head of each such office sball beresponsible for the establishment, -cur-rency, completeness, and review of thisdocumentation, and for Its final disposi-tion, In accordance with Supplement 2entitled "Contract File Maintenance,Closeout, and Disposition."

(b) The combination of official con-tract files listed In 52-101 shall containdocumentation of all actions taken withrespect to the contract, Including finaldisposition, sufficient to constitute a fullhistory of the transaction and permitready reconstruction of all stages of thetransaction, for the purpose of (1) pro-viding a complete background to assureinformed decisions at each step in theprocurement, (2) supporting actionstaken by personnel In the procurementcycle. (3) providing Information for re-views and investigations conducted bythe Department concerned, the Depart-ment of Defense, the General AccountingOffice, or others, and (4) furnishing ez-sential facts in the event of litigation orCongressional inquiries.

§ 1.311 "Buying in".

"Buying In" refers to the practice ofattempting to obtain a contract awardby knowingly offering a price or cost ezsti-mate less than anticipated coAs with theexpectation of either (a) Increasing thecontract price or estimated cost duringthe period of performance throughchange orders or other means., or (b)receiving future "follow-on" contractsat prices high enough to recover anylosses on the original "buy-in" contract.Such a practice Is not favored by the De-partment of Defense since its long-termeffects may diminish competition and itmay result in poor contract performance.Where there is reason to believe that"buying in" has occurred, contractingofficers shall assure that amounts therebyexcluded in the development of the orig-inal contract price are not recovered inthe pricing of change order. or of fol-low-on procurements subject to costanalysis.

§ 1.313 Procurement of parts.

(a) Any part, subassembly or compo-nent (hereinafter called "part") for mill-tary equipment, to be used for replenish-ment of stock, repair, or replacement,must be procured so as to assure the req-uisite safe, dependable, and effectiveoperation of the equipment. (Items pro-cured as spare parts are governed by the'"DOD High Dollar Spare Parts Break-out Program" described in DOD JointRegulation AR 715-22, NAVMATINSTP4200.33, APR 57-6, MCO P4200.13,DSAM 4105.2.) Where It is feasible to doso without impairing this assurance,parts should be procured on a competi-tive basis, as In the kind of cass de-scribed in paragraph (b) of this section.However, where this assurance can behad only if the parts are procured from

the original manufacturer of the equip-ment or his supplier, the procurementshould be restricted accordingly, as Inthe kind of cases described In paragraph(c) of this section.

(b) Parts that are fully Identified andcan be obtained from a number of knownsources, and parts for which fully ade-quate manufacturing drawings and anyother needed data are available (or canbe made available In keeping with thepollcles In Subpart B. Part 9 of thischapter) are to be procured on a com-petitive basis. In general. such parts areof a standard design configuration. TheyInclude Individual items that are sus-ceptible of separate procurement, suchas resistors, transformers, generators,spark plugs, electron tubes, or otherpart- having commercial equivalents.

(c) Parts not within the scope of para-graph (b) of this section generallyshould be procured (either directlyor indirectly) only from sources thathave satisfactorily manufactured orfurnished such parts In the past, unlessfully adequate data (including any nec-essary data developed at private ex-pense), test reszults, and quality asur-ance procedures, are available (or canreasonably be made available in keepingwith the policies in Subpart B, Part 9of this chapter) to asu the requisitereliability and interchangeability of theparts, and procurement on a competitivebasis would be consistentwith the a-ur-ance described In paragraph (a) of thissection. In asessIng this assurance, thenature and function of the equipmentfor which the part is needed should beconzidered. Parts qualifying under thiscriteria are normally sole source orsource controlled parts (see LIJISTD100) which exclusively provide the per-formance, Installation, and interchange-ability characteristics required for sre-cific critical applications. To llustrate,acceptable tolerances for a commercialtelevidon part may be far less stringentthan thoze for a comparable militaryradar part, permitting competitive pro-curement of the former but not of thelatter. The exactinz performance re-quirements of specially designed mili-tary equipment may demand that partsbe closely controlled and have provencapabilities of precise integration withthe system In which they operate, toa de ,ree that precludes the use of evenapparently Identical parts from newcources, since the functioning of thewhole may depend on latent character-isticG of each part which are not defi-nitely knovn.

(d) Vjbent an award is made to asource that has not previously producedthe item, the cognizant Government in-spection activity and the appropriatecontract administratfon office should benotified by the procurement contract-ing office that the contractor will be pro-ducing the item for the first time.

G 1.315 Procurement of jewel hearings.(a) It has been determined that de-

fense Interests require the continuedmaintenance of an active and versatilemobilization base for the production ofJewel be-arings. This base has been estab-


No. 132-2

10157


lished at the Government-owned Wil-liam Langer Jewel Bearing Plant, Rolla,N. Dak. In support of this policy, Govern-ment purchases of jewel bearings shallbe made from that plant in all caseswhere it can meet purchase require-ments. Additionally, all procurements ofItems containing jewel bearings shallprovide, in the solicitations and result-ing contracts, a requirement that jewelbearings in the quantities, and of thetypes and sizes necessary for the enditems to be supplied under the contract,be purchased from the William LangerJewel Bearing Plant and be incorporatedin the delivered items, subject to thecriteria provided in paragraphs (b), (c),and (d) of this section, except:

(1) When quantity requirements, qual-ity standards, or delivery requirementscannot be satisfied by bearings manu-factured at the William Langer JewelBearing Plant;

(2) For purchases of commercial enditems or of military end items havingjeweled components used in commercialend items, when the quantities of suchend items or components are such thatthe contracting officer either knows orreasonably expects that all such com-mercial end items or commercial com-ponents of military end items are al-ready manufactured and available fromthe stock of any dealer, wholesaler, dis-tributor, or manufacturer; or

(3) For bearings used in Items that areto be procured and used outside theUnited States, its possessions, and PuertoRico.

(b) In order to assure that all biddersor offerors are competing on the samebasis, it is necessary that the solicita-tion for items containing jewel bearingsclearly state:

(1) The successful contractor will berequired to purchase (directly or throughsubcontractors, as appropriate) WilliamLanger Jewel Bearing Plant bearings atprices established in the U.S. Govern-ment Jewel Bearing Price List then ineffect, and to incorporate such bearingsin the items to be delivered; and

(2) Bids or proposals are to be predi-cated on this requirement.

If it should occur, after award, that theWilliam Langer Jewel Bearing Plant re-jects the contractor's (or subcontrac-tor's) purchase order entirely or in part,the contractor (or subcontractor) shallbe required to so notify the contractingofficer who will effect an equitable adjust-ment in the contract price to reflect anycosts or savings accruing to contractor byreason of any price differential for suchbearings, pursuant to the clause of thiscontract entitled "Changes."

(c) To the extent William LangerJewel Bearing Plant bearings are fungi-ble with other bearings and it is not prac-tical or would be costly to segregate jewelbearing inventories or work in processfor items to be furnished the Govern-ment from that to be furnished commer-cial customers, or for other similar rea-sons, it may be in the Government's in-terest to waive the use requirements atthe discretion of the contracting officer.No waiver will be granted to prospective

contractors prior to award and no assur-ance will be given prior to award to anyprospective contractors that such waiverwill be granted after award. Minor In-convenience to contractors alone will notsatisfy the need for demonstrating thatthe Government's interests are served bysuch waiver. When the use requirementis waived, an equitable adjustment forcost savings resulting therefrom shall

%be made.(d) In circumstances where a pro-

curement is not exempt from this pro-cedure but it would be impractical orcontrary to the Government's best inter-est to require actual use of all of theWilliam Langer Jewel Bearing Plantbearings required to be purchased, thecontracting officer may provide in thesolicitation and resulting contract thata minimum fixed percentage of the totalbearings requirements be of WilliamLanger Jewel Bearing Plant origin, orthat William Langer Jewel Bearing Plantbearings be purchased for and used in acertain number of the total items to besupplied.

(e) In all procurements subject tothese procedures, the following clause isrequired for use:

REQUntED Somww FOR JEWEL BEARmNGS(APRIs 1967)

Jewel bearings required in the performanceof this contract shall be procured from theWilliam, Langer Jewel Bearing Plant, Rolla,N. Dak., at prices established in the OfficialU.S. Government Jewel Bearing Price Listdated (insert latest effective date). The Con-tractor agrees that the delivery dates spec-ifMed for the quantities and types of jewelbearings so ordered will be reasonably relatedto manufacturing schedules and delivery re-quirements of this contract. The Contractoragrees to notify the Contracting Officerpromptly of the rejection of his (or any sub-contractor) purchase order in whole or inpart by the William Langer Jewel BearingPlant and further agrees to an equitable ad-justment in the contract price pursuant tothe "Changes" clause of this contract to re-flect any costs or savings to the Contractor(or subcontractor) resulting from such re-jection. The Contractor further agrees to in-corporate or to have his subcontractors in-corporate the purchased William LangerJewel Bearing Plant jewel bearings in theitems to be delivered under this contract.The requirement for use (but not the require-ment for purchase) of such bearings maybe waived in the discretion of the Contract-ing Officer when such waiver is determinedby him to be in the Government's interest,and where agreement is reached for an equit-able adjustment in the contract price by rea-son of such waiver.

2. Paragraph (f) in § 1.319 is revised;and paragraph (c) in § 1.905-3 Is revised,as follows:

IWhere less than total purchase and usageof William Langer Jewel Bearing Plant bear-ings is to be required, substitute "The Con-tractor further agrees to purchase and in-corporate William Langer Jewel BearingPlant bearings in items to be delivered underthis contract equivalent to at least per-cent of the total quantity of bearings requiredto perform this contract." (Percentage to beinserted by Contracting Officer.) In lieu of apercentage, the clause may refer to specificquantities of items listed in the schedule forwhich William Langer Jewel Bearing Plantbearings must be purchased and used.

§ 1.319 Renegotilalon performance re-ports.* • • • •

(f) Advanced-development, enoineer-ing-development, and operational-sys-tems-development and production con-tracts. Upon request of the RenegotiationBoard, the Director of Contractor Per-formance Evaluation, Office of the As-sistant Secretary of Defense (Installa-tions and Logistics) (see § 4.117 of thischapter) shall furnish ContractorPerformance Evaluation Reports on ad-vance-development contracts, engineer-ing-development contracts, and oper-ational-systems-development contractsand production contracts which followor are concurrent with the developmentcontracts that are evaluated.§ 1.905-3 Sources of information.

(c) Existing information within theDepartment of Defense--including rec-ords (e.g., 5 4.117 of this chapter) onfile and knowledge of personnel withinthe purchasing office making the pro-curement, other purchasing offices, re-lated activities, contract administrationoffices, audit activities, and offices con-cerned with contract financing.

§ 1.1002-1 [Amended]3. In § 1.1002-1, the reference "4,205-

2" is changed to read "4.106-2".§ 1.1003-4 [Amended]

4. In § 1.1003-4, the reference "4.203"is changed to read "4,103".

PART 2-PROCUREMENT BYFORMAL ADVERTISING

5. In § 2.201, new subparagraph (11)is added to paragraph (a); new subpara-graphs (15) and (23) are added to para-graph (b); and subparagraph (7 inparagraph (c) is revised, as follows:§ 2.201 Preparation of invitation for

bids.* * • • $

(a) * *(11) DD Form 1423 (Contract Data

Requirements List) (see § 16.815 of thischapter); a line item In the Schedulereferring to DD Form 1423 and requiringdelivery of all data listed thereon; and aprovision in the Schedule requesting thebidder to complete Items 25 and 20 ofthe form.

• * • • *

(b) * *(15) If the contract is for laundry uad

dry cleaning services, the provision re-quired by § 22.702-1 of this chapter.

* * • • •

(23) If the contract involves perform-ance of services on a Government instal-lation, the following provision.

Site visit. Bidders are urged and expetotdto inspect the site where services are to be,performed and to satisfy themselves t toall general and local conditions that mayaffect the cost of performance of the con-tract, to the extent such informatlon Inreasonably obtainable. In no event will a

FEDERAL REGISTER, VOL. 32, NO. 132-TUESDAY, JULY 11, 1967

10158


failure to inspect the site constitute groundsfor withdrawal of a bid after opening or fora claim after award of the contract. (Apm1967)

(c) * *

(7) Information as to what utilitiesthe Government will furnish during con-struction, when the contracting officerdetermines that any utilities are ade-quate for the needs of both the Govern-ment and the contractor. Such infor-mation shall specify any special con-ditions of use to be imposed on thecontractor and shall also specify anyutilities to be furnished without charge;utilities shall be furnished withoutcharge when the contracting officer de-termines that this is advantageous tothe Government, as when the adminis-trative costs incident to maintainingrecords and collecting payments will ap-proximate the cost of the utility servicesto be furnished. Such information mayalso include any applicable rates to beimposed under the Availability and Useof Utility Services clause (see § 7.603-30of this chapter).

6. New paragraph (f) is added to§ 2.405; subparagraph (2) of § 2.406-3(b) is revised; and § 2.407-5 is revised,as follows:

§ 2.405 Minor informalities or irregu-larities in bids.

(f) Failure to complete Items 25 and26 on DD Form 1423, Contract Data Re-quirements Ist (see § 16.815 of thischapter).

§ 2.406-3 Other mistakes.

(b) **(2) Department of the Navy: To the

Assistant Commander for Contracts,Naval Facilities Engineering CommandHeadquarters; the Deputy CommanderPurchasing, Naval Supply Systems Com-mand Headquarters.

§ 2.407-5 Other factors to be considered.

(a). The factors set forth in subpara-graphs (1) through (6) of this para-graph, among others, may be consideredin evaluating bids.

(1) Foreseeable costs or delays to theGovernment resulting from differencesin inspection, location of supplies, trans-portation, etc. If, pursuant to Subpart M,Part 1 of this chapter, bids are on anf.o.b. origin basis, transportation coststo the designated destination points shallbe considered in determining the lowestcost to the Government.

(2) Changes made or requested in anyof the provisions of the solicitation tothe extent that any such change doesnot constitute ground for rejection of thebid under the provisions of § 2.404.

(3) Advantages or disadvantages tothe Government that might result frommaking multiple awards (see § 2.201(b)(19)).

(4) Qualified products (see Subpart Kof this part).

(5) Federal, State, and local taxes(see Part 11 of this chapter).

(6) Origin of supplies, whether do-mestic or foreign, and If foreign, theapplication of the Buy American Act orany other prohibition on foreign pur-chases (see Part 6 of this chapter).

(b) Estimated data prices submittedon DD Form 1423 (Contract Data Re-quirements List) (see § 2.201(a) (11) and§ 19.815 of this chapter) shall not beconsidered in evaluating bids.

PART 3-PROCUREMENT BYNEGOTIATION

7. The introductory text of § 3.101 isrevised; §§ 3.109 and 3.405-3 are revised;in § 3.405-5, paragraphs (c) (1) and (d)(3) are revised; and in § 3.501(b). sub-paragraphs (2) and (18) are revised andnew subparagraphs (52) and (65) areadded, as follows:

§ 3.101 Negotiation as distinguishedfrom formal advcertising.

Whenever supplies or cervices are tobe procured by negotiation (me SubpartsA and B of Part 16 of this chapter), pricequotations, supported by statements andanalyses of estimated costs or other evi-dence of reasonable prices and othervital matters deemed necessary by thecontracting officer (see § 3.807), shall besolicited from the maximum number ofqualified sources of supplies or cervicesconsistent with the nature of and re-quirements for the supplies or services tobe procured, in accordance with the basicpolicies set forth in Subpart C, Part 1of this chapter (for research and devel-opment, see § 4.106 of this chapter), tothe end that the procurement will bemade to the best advantage of the Gov-ernment, prlce and other factor. consid-ered. Unless award without written ororal discusson Is permitted under§ 3.805-1(a), negotiation shall there-upon be conducted, by contracting offi-cers and their negotiators, with due at-tention being given to the following andany other appropriate factors:

§ 3.109 Abstract of proposals.

The abstract of proposalz, required by§ 1.308 of this chapter shall be preparedon Abstract of Bids (DD Form 1501) orAbstract of Bids-Construction (DDForm 1501-1) appropriately modified(see § 16.817 of this chapter) to includeall the information necessary for evalu-ation (but see § 3.507-2 and 3.805-1(b)). These forms need not be used inthe case of procurement from a singlesource of supply, for research and devel-opment for the chartering of veels bythe Mlitary Sea Transportation Service,or for the procurement of coal and petro-leum products by the Defense Fuel Sup-ply Center.

§ 3.405-3 Cost-sharing contrae.A cost-sharing contract Is a cost-

reimbursement type contract, for use ina research or development procurements,under which the contractor is reimbursedonly for an agreed portion of his allow-able costs. The contractor agrees to ab-

sorb a portion of the costs of perform-ance In the expectation of substantialcompensating benefits. For instructionsgoverning the use of cost-sharing con-tracts, sea § 4.110 of this chapter.

§ 3.403-5 Cost-plussa-fixed-fee contract.

(c) Limltatins. (1) This type of con-tract normally should not be used in thedevelopment of major weapons andequipment., once preliminary explorationand studies have indicated a high degreeof probability that the development Isfeasible and the Government generallyhas determined its desired performanceobjectives and schedule of completion(See § 3A05-4). The cost-plus-a-fixed-fee contract shall not be used for pro-curements categorized as either Engi-neering Development or OperationalSystem Development (see § 4.101(a) (6)and (7) of this chapter. For contractsexceedin- $1 million, exceptions to thispolicy mute be processed in accordancewith procedures authorized in § 1103-3of this chapter; and In all other cases,in accordance with the procedures au-thorized In § 1.109-2 of this chapter.

(d) "(3) The Completion form of contract,

because of differences in obligation as-sumed by the contractor, is to be pre-ferred over the Term form whenever thework Itself or specific milestones can bedefined with sufficlent precision to per-mit the development of estimates withinwhich prospective contractors can rea-sonably be expected to complete thework. as is usually the case In advanceddevelopment and engineering develop-ment. A milestone Is a definable pointIn a program when certain objectivescan be said to have been accom-plished. In contracting for Advanced De-velopment work (see 5 4.101(a) (3) ofthis chapter). an incentive contractingarrangement is preferred; however, if itI- necezsary to use a cast-plus-fixed-feecontract, It sball be the Completion form.

§ 3.501 Preparation of request for pro-

posals or request for quotations.

(b) "(2) Name and addrem of Issuing ac-

tivity, channels for submission of offer,exact lcation, including reom and build-ing numbers where offers including ahand carried offer must be submitted,and Identiflcation of the Go7ernmentofi ce or individual respansible for sup-plying additional information and an-swering inquiries;

(18) ractors other than price (includ-Ing technical quality where technicalproposals are requested), which will begiven paramount consideration in theawarding of the contract;

(52) If the contract involves perform-ance of services on a Government instl-lation, the following provision.


10159


Site visit. Offerors are urged and expectedto inspect the site where services are to beperformed and to satisfy themselves as toall general and local conditions that mayaffect the cost of performance of the con-tract, to the extent such information Is rea-sonably obtainable. In no event will a failureto inspect the site constitute grounds for aclaim after award of the contract. (APRa1967)

* * * * *

(65) DD Form 1423 (Contract DataRequirements List) (see § 16.815 of thischapter); a line item in the Schedulereferring to DD Form 1423 and requir-ing delivery of all data listed thereon; Aprovision in the Schedule requesting theofferor to complete Items 25 and 26 ofthe form; and the following provisioneither in the Schedule oi on the form.

CONTRACTOR'S DATA CmtrrzcATioN (Apam1967)

The offeror shall submit with his offer acertification as to whether he has deUveredor Is obligated to deliver to the Governmentunder another contract or subcontract thesame data; if so, he shall Identify one suchother contract or subcontract for each itemof data and state where he has already de-livered such data.

8. In § 3.507-1, paragraphs (d) and(e) and footnote 2 to the legend in para-graph (a) are revised; in § 3.608-(b),subparagraph (2) is revised; and para-graph (c) in 1 3.608-4 is revised, asfollows:§ 3.507-1 Restrictions on disclosure and

use of data in proposals and quota-tions.

(a) * * ** * * * *

(d) Proposals, solicited and unsolic-ited, shall be maintained and disposed ofpursuant to 1 1.208 of this chapter andrelated S2-102.1 (xi) and S2-501.

(e) See § 4.106-1(e) of this chapterfor further provisions with respect to un-solicited proposals.§ 3.608-2 Order for Supplies or Serv-

ices/Request for Quotations (DDForms 1155, 1155r, 1155r-1; Stand-ard Form 36; DD Form 1155c-1 andStandard Form 30).* * * * *

(b) * * *(2) Use as a purchase order of not

more than $5,000 outside the UnitedStates, its possessions, and Puerto Rico.DD Form 1155 and 1155r-1, with exe-cuted contractor's acceptance when re-quired, are authorized for negotiatedpurchases of not more than $5,000 whensuch purchases are for supplies and serv-ices procured and used outside the UnitedStates, its possessions, and Puerto Rico,provided:

(i) The procurement is unclassified;(Ii) No clauses covering the subject

matter of any clause set forth in thissubchapter, other than clauses set forthin DD Form 1155r-1, are to be used, ex-cept that-

(a) Either the standard foreign Dis-putes clauses in § 7.103-12(b) of thischapter or that clause as modified in

' If proposal Is unsolicited (see § 4.101(c)of this chapter, delete "furnished in connec-tion with Request for Proposals No .-....

accordance with I 7.103-12(c) of thischapter shall be inserted in the schedule.

(b) When the contract is translatedinto another language, the followingclause shall be inserted in the schedule:INcONSIsTENcY BETwEEN ENGLISH VERSION

AND TRANSLATION OF CONTRACT (APRIL 1966)In the event of inconsistency between any

terms of this contract and any translationthereof into another language, the Englishlanguage meaning shall control.

(c) When Government property hav-ing acquisition cost in excess of $25,000is to be furnished (for use in perform-ance of contract or for repair), the Gov-emnment Property (Fixed Price) clausein § 13.702 of this chapter shall be in-serted in the Schedule in accordancewith instructions in § 13.702(b) of thischapter. Where Government propertyhaving an acquisition cost not in excessof $25,000 is to be furnished for use inperformance of the cqntract or for re-pair, the Government-Furnished Prop-erty (Short Form) clause in § 13.710 ofthis chapter shall be inserted in theSchedule in accordance with instructionsin § 13.710(b) of this chapter: Provided,That, use of the clause shall be optionalwhere the acquisition cost of propertyfurnished for repair is not in excess of$2,500. Where a Government Propertyclause is inserted in the Schedule thecontractor's signature shall be obtainedon DD Form 1155r-1.

(d) The Commercial Warranty clausein I 1.324-2(c) of this chapter, modifiedto insert the words "United States" be-fore the word "Government" therein,may be used in accordance with the pro-visions of that paragraph.

(iII) The Additional General Provi-sions on DD Form 1155r-I ire madeapplicable and the contractor's accept-ance is obtained on DD Form 1155r-Iwhen the purchase exceeds $2,500; and

(iv) In purchases in excess of $2,500,the Communist Areas clause in § 6.403of this chapter shall be inserted in theSchedule.The contracting officer may delete theTaxes clause from the DD Form 1155r-1in purchases under $1,000 if he deter-mines that -the administrative burdenof securing relief from such taxes wouldbe out of proportion to the relief ob-tained: Provided, That such clause shall

-be included in all contracts in support ofNATO infrastructure programs involv-ing the expenditures of funds under sec-tion 503(b) of the Foreign AssistanceAct of 1961. as amended (see 1 11.403-1(a)

§ 3.

onplicshaforwhi§ 3.6

§ 3.707 [Amended]9. In § 3.707, the reference "4.208" Is

changed to read "4,110".10. Section 3.802-2 is revised; in

§ 3.805-1, the introductory text of para-graph (a) and all of paragraphs (c) and(d) are revised; and new § 3.807-12 isadded, as follows:§ 3.802-2 S e 1 e c t i o n of prospective

sources.

Selection of qualified sources for solici-tation of proposals is basic to sound pric-ing. Proposals should be solicited froma sufficient number of competent poten-tial sources to insure adequate competi-tion. (See If 1.302, 1.702, 1.902, 3.101,3.104, 3.105, 4.106-1, and 12.102 of thischapter.) The bidders mailing lists pre-scribed by 1 3.503 should be used whenappropriate.§ 3.805-1 General.

(a) After receipt of Initial proposals,written, or oral discussions shall be con-ducted with all responsible offerors whosubmit proposals within a competitiverange, price, and other factors (includingtechnical quality where technical pro-posals are requested) considered, exceptthat this requirement need not neces-sarily be applied to:

* * * * *

(c) Except where cost-reimbursementtype contracts are to be used (see§ 3.805-2), a request for proposals mayprovide that after receipt of initial tech-nical proposals, such proposals will beevaluated to determine those which areacceptable to the Government or which,after discussion of those within a com-petitive range, can be made acceptable,and upon submission of prices thereafter,award shall be made to that offeror of anacceptable proposal who Is the low re-sponsible offeror.

(d) The procedures set forth in para-graphs (a), (b), and (c) of this sectionmay not be applicable in appropriatecases when special services (such as arch-itect-engineer services) or when cost-re-imbursement type contracting is antici-pated. Moreover award of such contractand R&D contracts may be properly in-fluenced by the proposal which promisesthe greatest value to the Government interms of possible performance, technicalquality ultimate producibillty, growthpotential, and other factors rather thanthe proposals offering the lowest priceor probable cost and fixed fee.

* * * * a

of this chapter).§ 3.807-12 Estimated data pricem (DDForm 1423).* * * a *

608-4 Obtaining contractor accept- (a) The Department of Defense re-ance and modifying the purchase quires estimates of the prices of data Inorder. order to evaluate the cost to the Gov-

ernment of data items in terms of their* * * * * management, product, or engineering

) The Additional General Provisions value.DD Form 1155r-1 shall be made ap- (b) When data is required to be deliv-able and the contractor's acceptance ered under a contract, 1 3.501(b) (65711 be obtained on DD Form 1155r-1 and § 16.815 of this chapter require In-all purchases in excess of $2,500 clusion in the solicitation of DD Form

ch are made in accordance with 1423, Contract Data Requirements List;608-2(b) (2). the form and the provision included In. . . . . the solicitation under I 3.501(b) (65) re-


10160

quest the offeror to state what portfoiof the total price is estimated to be attributable to the production or development of the listed data for the Government (not to the sale of rights in thdata). However, offerors' estimate(prices may not reflect all such costs, an(different offerors may reflect these cost-in a different manner, for the'followinjreasons:

(1) Differences in business practice,in competitive situations;

(2) Differences in accounting systemamong offerors;

(3) Use of factors or rates on'somportions of the data;

(4) Application of common effort tctwo or more data items;

(5) Differences in data preparationmethods among offerors.For these and other reasons, data priceestimates should not be used for con-trat pricing purposes without furtheranalysis.

(c) The contracting officer shall as-sure to the extent practicable that thenegotiated price does not include anyamount for data which the contractorhas submitted or is obligated to submitto the Government under another con-tract or subcontract, and that the suc-cessful offeror furnishes the certificationrequired by the solicitation (see § 3.-501(b) (65)).

(d) The provisions on the form specifythat, regardless of whether the contrac-tor has entered estimated data prices onthe form and regardless of what pricehe enters, he is obligated to deliver all thedata listed on the form and the price heis to be paid therefor is included in thetotal price specified in the contract.§ 3.808-5 (Amended]

11. In § 3.808-5(d) (2), the reference"4.215" is changed to read "4.117".

PART 4-SPECIAL TYPES ANDMETHODS OF PROCUREMENT

12. A new Subpart A is added and Sub-parts B and C are revoked, as follows:Subpart A-Procurement of Research

and DevelopmentSec.4.100 Scope of Subpart.4. 101 Definitions.4.102 General policy.4.103 Publicizing procurement actions

and expanding sources.4.104 Method of contracting.4.105 Statement of work.4. 106 Selection of research and develop-

ment contractors.4. 106-1 Selection of sources.4.106-2 Solicitation.4.106-3 Conduct of negotiations.4.106-4 Evaluation for award.4.106-5 Evaluation of price and costs.4. 106-6 Profit or fee.4.106-7 Documentation.4.107 Concept formulation and contract

definition.4. 108 Grants for basic research.4.109 Types of contracts most applicable

for research and development.4.110 Cost-sharing policy.4.111 Special use allowances for research

facilities acquired by educationalinstitutions.


2 Sc.- 4.112 Placing subcontract3 for rcztarch

and development effort.4.113 Scientific and technical reports.

- 4.114 Data under retearch and develop-ment contracts.

1 4.115 Insurance under rezearch and de-velopment contracts.

; 4.115-1 Contractor Immunity from liabil-41- Ity for torts.4. 115-2 Indernn lfcation against unumully

hazardous rlos.4. 116 Government property under re-

search and development con-tracts.

4.116-1 General.4.116-2 Control of Government property

In po=-esion of research and de-velopment contractors.

4.116-3 Providing Government productionand recearch property.L 4.116-4 Transfer of title to equipment tononprofit educational or re-

* search institutions.4.117 Contractor performance evalua-

r tion program.Avroarrr: The provisions of this Subpart

A Issued under cee. 2202, 70A Stat. 120; 10U.S.C. 2202. Interpret or apply ceico. 2301-2314, 70A Stat. 127-133; 10 U.S.C. 2301-2314.

* §4.100 Scope of subparL

Procurement procedures of special ap-plication to research and developmentcontracts are set forth In this subpart,and in certain instances other portions ofthis subchapter having particular sig-nificance to research and developmentcontracts are cross-referenced herein.This subpart, however, does not purportto contain or cros-reference all provi-sions of this subchapter applying to re-search and development contracts. Otherprovisions of this subchapter are alsoapplicable to research and developmentcontracts and shall be adhered to whereapplicable.

§ 4.101 Definitions.

(a) The following terms and cate-gories relating to "research and develop-ment" are those set forth by the Depart-ment of Defense for management ofRDT&E programs. However, the term"research and development" as used inthis regulation ordinarily encompassesonly the first six categories below. Gen-erally, It does not cover categories sub-paragraphs (7) and (8) of this para-graph. For example, construction of rec-reational facilities at an installation usedexclusively or generally for research anddevelopment would not be procurementof "research and development" underthis subchapter. Nevertheless, In an ex-ceptional case, depending upon the par-ticular facts, some kinds of work withincategories In subparagraphs (7) and (8)could be "research and development"within this subehapter.

(1) Research. Includes all effort di-rected toward increased knowledge ofnatural phenomena and environmentand efforts directed toward the solu-tion of problems In the physical, behav-ioral and social sciences that have noclear direct military application. Itwould, thus. by definition, include allbasic research and, in addition, that ap-plied research directed toward the ex-pansion of knowledge in various scientificareas. It does not include efforts directed

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to prove the feasibility of solutions ofproblems of immediate military Impor-tance or time-oriented investigationsand developments.

(2) Exploratory development. In-cludes all effort directed toward the solu-tion of specific military problems, shortof major development projects. This typeof effort may vary from fairly fundamen-tal applied research to quite sophisti-cated bread-board hardware, study, pro-graming, and planning efforts. It wouldthus include studies, investigations andminor development effort. The dominantcharacteristic of this category of effortis that It be pointed toward specific mili-tary problem areas with a view towarddevelopment and evaluating the feas-bility and practicability of proposed solu-tions and determining their parameters.

(3) Advanced development. Includesall effort directed toward projects whichhave moved into the development ofhardware for experimental or opera-tional test. It Is characterized by lineItem projects and program control isexercised on a project basis. A furtherdescriptive characteristic lies in the de-sign of such Items being directed towardhardware for test or experimentation asoppoced to Items designed and engi-neered for eventual Service use.

(4) Concept formulation. Describesthe activities preceding a decision tocarry out Engineering Development orOperational Systems Development. Theseactivities include accomplishment ofcomprehensive system studies and ex-perimental hardware efforts under Ex-ploratory and Advanced Development,and are prerequisite to a decision to carryout Engineering or Operational SystemsDevelopment.

(5) Contract definition. (Formerly re-ferred to as Project Definition Phase)-Is that phase during which preliminarydesign and engineering are verified oraccomplished, and firm contract andmanagement planning are performed.

(6) Engineering development. In-cludes all effort directed toward thosedevelopment procrams being engineeredfor Service use but which have not yetbeen approved for procurement or oper-ation. This area Is characterized by ma-jor line Item projects and program con-trol will be exercised by review of Indi-vidual projects.

(7) Operational system development.Includes all effort directed toward devel-opment, engineering and test of systems,support pro rams, vehicles and weaponsthat have been approved for productionand Service deployment. This area isincluded for convenience in consideringall RDT&E projects. All Items in this areaare major line Item projects which ap-pear as 1DT&E Costs of Weapons Sys-tems Elements in other programs. Pro-grain control will thus be exercised byreview of the individual research anddevelopment effort in each WeaponSystem Element.

(8) Management and Support. In-cludes all effort directed toward supportof Installations or operations requiredfor general research and developmentuse. Included would be military con-ftruction of a general nature unrelated



to specific programs, maintenance sup-port of laboratories, operation andmaintenance of test ranges, and main-tenance of test aircraft and ships. Costsof laboratory personnel, either in-houseor contract-operated, would be assignedto appropriate projects or as a line in theResearch, Exploratory Development, orAdvanced Development Program areas,as appropriate. Military constructioncosts directly related to a major develop-ment program will be included in theappropriate element.

(b) "Educational or other nonprofitorganization" means any corporation,foundation, trust, or institution operatedfor scientific, educational, or medicalpurposes, not organized for profit, nopart of the net earnings of which inuresto the profit of any private shareholderor individual.

(o) "Unsolicited proposal" is a re-search or development proposal which ismade to the Government by a prospec-tive contractor without prior formal orinformal solicitation from a purchasingactivity. See also §§ 4.106-1a) and4.106-2(d) (2).

§ 4.102 General policy.A fundamental mission of research

and development programs is to main-tain scientific and technological superi-ority requisite to promote and advancethe effectiveness of military operations.The accomplishment of this mission re-quires the broadest possible base of con-tractor and subcontractor sources in-cluding the optimum use of manpowerand resources. It is essential that the besttechnical competence be located and fullyutilized. The procurement pattern of re-search and development must be respon-sive to the achievement of these goals ona timely basis.

§ 4.103 Publicizing procurement actionsand expanding sources.

The Departments shall continuallysearch for and develop information onsources (including small business con-cerns) competent to perform researchand development. Advance publicity, in-cluding use of the Commerce BusinessDaily (see § 1.1003-4 of this chapter) tothe fullest extent practicable, shall begiven for this purpose. The search shouldinclude (a) a review of relevant data orbrochures furnished by sources seekingresearch and development work and (b) acooperative effort by technical personnel,small business specialists, and contract-ing officers to obtain information andrecommendations with respect to po-tintial sources and to consider the de-sirability of seeking other sources bypublication of proposed procurements, inaddition to the synopsis requirement.

§ 4.104 Method of contracting.

In research and development procure-ments it is generally not possible to for-mulate precise specifications necessaryfor formal advertising and, therefore, ne-gotiation is necessary.'The inherent dif-ficulties in obtaining research and de-velopment by formal advertising are rec-ognized by the exception in § 3.211 of thischapter. However, two-step formal ad-

vertising as stated in Subpart B, Part2 of this chapter, may be useful, forexample, in the case of an advanced de-velopmental project. While the use ofnegotiation Is the general rule for re-search and development contracts, thisdoes not diminish the obligation to ob-tain competition to the maximum prac-ticable extent. (See Subparts A and B,Part 3 of this chapter.)

§ 4.105 Statement of work.

(a) The preparation and use of a clearand complete statement of work is essen-tial to sound contracting for researchand development. In research, explora-tory development and advanced develop-ment, statements of work must be in-dividually tailored by technical and con-tracting personnel to attain the desireddegree of flexibility for contractor cre-ativity, both in submitting proposals andin contract performance. Careful dis-tinction must be drawn between level-of-effort work statements, which essentiallyrequire the furnishing of technical effortand a report on the results thereof, andtask completion type work statementswhich often require development of tan-gible end items designed to meet specificperformance characteristics.

(b) In preparing statements of work,the following elements shall be con-sidered:

(1) A general description of the re-quired objectives and desired results;

(2) Background Information helpfulto a clear understanding of the require-ments and how they evolved;

(3) Technical considerations, suchas any known specific phenomena ortechniques;

(4) A detailed description of the tech-nical requirements and subordinatetasks;

(5) A description of reporting require-ments and any other deliverable items,such as data, experimental hardware,mock-ups, prototypes, etc., and

(6) Other special considerations.

§ 4.106 Selection of research and de-velopment contractors.

§ 4.106-1 Selection of sources.(a) General. Through its research and

development programs, the Departmentof Defense must seek the most advancedscientific knowledge attainable and thebest possible equipment, weapons, andweapon systems that can be devised andproduced. This means two things. First,it means seeking the best scientific andtechnological sources consistent with thedemands of the proposed procurementfor the best mix of cost, performancesand schedules. Second, it means unrnemit-ting efforts to increase the number ofqualified sources, and to encourage par-ticipation by small business concerns, aswell as others, in Defense research anddevelopment. See also § 1.903 of thischapter.

(b) Small business sources. (1) Con-tracting officers, technical personnel, andsmall business specialists shall cooper-atively seek and develop information onthe technical competence of small busi-ness concerns for research and develop-ment contracts. Small business special-

Ists shall regularly bring to the attentionof contracting officers and technical per-sonnel descriptive data, brochures, andother information as to small businessqconcerns that are apparently competentto perform research or development workin fields in which the purchasing activityis interested.

(2) In order to cooperate with theSmall Business Administration In carry-ng out Its responsibility of assisting

small business concerns to obtain con-tracts for research and development,contracting offIcers, technical person-nel and small business specialists shall,upon request, provide to authorized SBArepresentatives Information necessary tounderstand the Government's needs con-cerning research and development pro-grams under consideration for specificfuture procurement actions. Normally,this information shall be provided to SBArepresentatives assigned to a purchasingactivity, as early as practicable, and shaUcover the Government's requirements foreach proposed research and developmentprocurement exceeding $10,000. To themaximum extent feasible, SBA shall beafforded a minimum of 15 working daysto provide pertinent Information con-cerning qualified potential small businesssources developed through Its investi-gation of the capabilities of specific firmsin the particular field of research anddevelopment covered by such procure-ments. Full evaluation shall be given toany such information In selecting quali-fied sources. Exception to the policy ofproviding SBA a minimum 15 workingday interval to recommend additionalqualified small research and developmentsources for a proposed procurement willbe permitted only In those cases wherethe head of the purchasing activity or hisdesignated representative advises theSBA representative that such actionwould result In unjustifiable delay.

(e) Recommendations by technicalpersonnel. Recommendations as to whichpotential sources are technically quali-fied shall be made by cognizant technicalpersonnel after review of the informa-tion obtained as a result of advance pub-licity (see § 4.103), and, as appropriate,on the basis of discussion with potentialsources (either singly or in a group),correspondence or suitable surveys.

(d) Research and development pools.See § 1.302-3 of this chapter.

(e) Unsolicited proposals. (1 Ulnso-licited proposals may be the product oforiginal thinking and generally are theproperty of the organization or indi-vidual who presents them. They areoffered in the hope that the Governmentwill contract with the offeror for furtherresearch on, or development of, the Ideasthey contain. Accordingly, it Is Impor-tant that such proposals received by pur-chasing activities be handled in a man-ner which will encourage prospectivecontractors to disclose to the Govern-ment ideas which they have orIginated,conceived, or developed.

(2) The submitter of an unsolicitedproposal may mark It with a legend, suchas that provided In § 3.507-1(a) of thischapter, restricting the disclosure and


10162


use of data in the proposal. If a pro-posal is so marked, the terms of thelegend shall be compiled with.

(3) If the contracting officer receivesan unsolicited proposal marked with amore restricted legend than that pro-vided in § 3.507-1(a) of this chapter,then he shall immediately return theproposal to the submitter with a letterstating that the proposal cannot be con-sidered because it is impracticable forthe Government to comply with the leg-end (and pointing out specifically whythis is so), but that the proposal will beconsidered if it is resubmitted with asatisfactorily revised legend or with thelegend provided in § 3.507-1(a) of thischapter.

(4) If the contracting officer receivesan unsolicited proposal without any re-strictive legend, he shall place a coversheet on the proposal or otherwise clearlymark it substantially as follows-andthe terms of the notice shall be compliedwith-unless the submitter gives a clearwritten indication that he does not wishto impose any restrictions on the dis-closure or use of the data contained inthe proposal.

UmS5OLICTrED ftOPOSAL

USE OF DATA ltr=

All Government personnel handling thisproposal shal exercise EXTREME CARE toinsure that the Information contained hereinis NOT DISCLOSED outside the Governmentand is 'NOT DUPLICATED, USED, OR DIS-CLOSED In whole or part for any purposeother than to evaluate the proposal, withoutthe written permission of the submitter (ex-cept that if a contract is awarded on thebasis of this proposal, the terms of the con-tract shall control disclosure and use).

This notice does not limit the Govern-ment's right to use Information contained inthe proposal if it is obtainable from anothersource without restriction.

This is a Government notice, and shall'not by itself be construed to impose anyliability upon the Government or Govern-ment personnel for any disclosure or use ofdata contained in this proposal.

(5) The submitter of an unsolicitedproposal is not necessarily entitled topreferential treatment in the award ofany contract because of his submissionof such a proposal. See § 4.106-2(d) (2).

§ 4.106-2 Solicitation.(a) To reduce the number of technical

proposals, the preparation of which canbe both costly and wasteful of scientificor engineering manpower, contractingofficers should request proposals onlyfrom sources which have been technicallyevaluated and found qualified to per-form research or development in thespecific field of science or technology in-volved. Where several sources are foundfully qualified technically, proposals gen-erally @hall be solicited from each suchsource. Sources which become known asA result of synopses or other means ofpublicizing requirements shall be sentrequests for proposals if such sourceshave been technically evaluated and de-termined reasonably qualified to per-form, and possess the necessary securityclearance. When a source not initiallysolicited requests a copy of a solicitationand such source has been technically

evaluated within the past 6 months anddetermined not qualified, he may be soAdvised and his request denied. In theevent such source has not been techni-cally evaluated within the past 6 monthsa copy of the request for proposal shall befurnished but only after advice has beengiven to the source making the requestas to the reasons for the limited solicita-tion and, as appropriate, the unlikel-hood of any other source being able toqualify for a contract award under thecircumstances. The formal solicitationprocess described above is not the onlymethod of entering into contracts forresearch and development. The ongoingresearch and development work pursuedin industrial laboratories is lproducingideas and products of interest to theGovernment; this Is especially true inthe exploratory and advanced develop-ment segment of the research and de-velopment spectrum. In the R&D areaswhere there has been unique and signifi-cant industrial accomplishment by a spe-cific concern, the establishment of spec-ifications for solicitation of others maydefeat the purpose of taking advantage ofthis industrial initiative. When a con-tractor has a new Idea or product in thefields of exploratory development or ad-vance development there should be nohesitancy to discuss It with him, encour-age him to submit a proposal, and tonegotiate directly with him. SubJect to §3.211 of this chapter, this can be donewithout a formal solicitation. Wherethere is no substantial question as to thechoice of the source, as Illustrated inparagraph d) of this section, solilcita-tions may be limited to a single source.

(b) In soliciting proposals for the con-duct of research and exploratory devel-opment, It may be desirable for the Gov-ernment to furnish prospective con-tractors with certain information toelaborate on the proposed statement ofwork, permit optimum response by of-ferors, and Allow more timely and com-parable evaluation of proposals by theGovernment. This information normallyshould consist of the Government's esti-mate of the scientific and technical man-effort, or other reasonable indicators, Itenvisions when it is not possible to de-scribe the magnitude of the proposedwork to a sufficiently definitive degree.For example, the estimated effort may beexpressed in terms of numbers of man-months or years in particular occupa-tional categories. This technique may beappropriate In cases of contracts for re-search studies, investigations, or labora-tory scale evaluations of feasiblity wherethe Government desires to limit thescope of effort or depth of research.Where the degree of effort type of in-formation is furnished, it should be madeclear that such information is advisoryonly and is not cause for restricting whatthe contractor believes to be a meritorioustechnical proposal

(c) In addition to paragraph (a) ofthis section, exploratory requests maybe used to determine the existence ofideas or prior work in speciflc fields ofresearch. However, the request for suchinformation shall clearly state that Itdoes not impose any obligation on the

Government or signify a firm Intentionof the Government to enter Into a con-tract.

d) The following examples are illus-trative of circumstances where there maybe no substantial question as to choiceof source:

(1) As a result of thorough technicalevaluation, only one source is found fullyqualified to perform the proposed work.

(2) The purpose of the contract is toexplore an unsolicited proposal whichoffers significant sclentific or technolo~i-cal promise, represents the product oforiginal thinking, and was submitted inconfidence by one source.

(3) Where the purpose of the contractis to take advantage of unique and sig-nificant industrial accomplishment by aspecific concern, or to insure that a newproduct or idea of a specific concern isgiven financial support.

(e) In all procurements of research ordevelopment in which no small businesssource was solicited for a proposal, astatement shall be included in the solici-tation file setting forth the reasons fornot soliciting small businez.

§ 4.106-3 Conduct of negotiations.

See § 3.804 and 3.805 of this chapter.The contracting officer should make cer-tain that each prospective contractorfully understands the details of the vari-ous phases of the Government's require-ment, especially the statement of work.This may be best accomplished by con-ferences between a prospective con-tractor, the contracting offlcer, and ap-propriate technical personnel, particu-larly where there is doubt that a workstatement is understood or will be in-terpreted correctly by prospective con-tractors.§ 4.106-4 Evaluation for award.

(a) Generally, research and develop-ment contracts should be awarded tothose organizations, Including educa-tional organizations, which have thehighest competence in the specific fieldof science or technology involved. How-ever, awards should not be made for re-search or development capabilities thatexceed those needed for the successfulperformance of the work.

b) Before determining the technicalcompetence of prospective contractors,and recommending to the contracting of-fieer the concern or concerns that theyconsider most technically competent,cognizant technical personnel shall con-sider the following:

(1) The contractor's understanding ofthe scope of the work as shown by thecentiflc or technical approach proposed;

(2) Availability and competence of ex-perienced engineering, scientific, or othertechnical personnel;

(3) AvaIlabillty, from any source, ofnecessary research, test, and productionfacilities;

(4) Experience or pertinent novelideas In the specific branch of scienceor technology involved; and

(5) The contractor's willingnes to de-vote his resources to the proposed workwith appropriate diligence.


10163


(c) In determining to whom the con-tract shall be awarded, the contractingofficer shall consider not only technicalcompetence, but also all other pertinentfactors including management capabili-ties, cost controls including the natureand effectiveness of any cost reductionprogram (see J 3.101(h) of this chapter),and past performance in adhering tocontract requirements, weighing eachfactor in accordance with the require-ments of the particular procurement(see § 1.903 of this chapter). The con-tracting officer shall notify those sourceswhose proposals or offers have been de-termined to be unacceptable of that de-cision in accordance with § 3.508 of thischapter.

(d) In evaluating proposals for con-tracts in excess of $1 million foradvanced development, engineering de-velopment, operational systems devel-opment, and followon or concurrentproduction contracts, the Source Se-lection Advisory Council or any otherperson or group acting in a similarcapacity shall obtain from the DefenseDocumentation C e n t e r, Attention:DDC-OSB, Cameron Station, Alex-andria, Va. 22314 (see § 4.117), atranscript of the performance evalua-tions of all contractors submitting ac-ceptable proposals, or a statement thatthere is no record on file. This transcriptor statement may be obtained for a pro-curement below $1 million. This infor-mation shall be furnished within 3 work-ing days from receipt of the request bythe Defense Documentation Center.

§ 4.106-5 Evaluation of price and costs.

(a) While cost or price should not bethe controlling factor in selecting a con-tractor for a research or developmentcontract, cost or price should not be dis-regarded in the choice of the contractor.It is important to evaluate a proposedcontractor's cost or price estimate, notonly to determine whether the estimateis reasonable, but also to determine hisunderstanding of the project and abilityto organize and perform the contract.The most useful tools for this purposeare price analysis and cost analysis (see§ 3.807-2 of this chapter.

(b) Price analysis generally considersthe overall reasonableness of the pro-posals in relation to the total contem-plated expenditures and the extent andnature of the task scheduled to be ac-complished. In most research and devel-opment contracts, the inability to definespecifications and the nature of the enditems prevent the effective use of certaintechniques of price analysis, such as com-parisons with prior quotations and cur-rent prices and evaluations in terms ofquantitative yardsticks. The conclusionsreached by price analysis techniquesmust be supported by cost analysis pro-cedures, used to examine the details ofthe offerors' proposals.

(c) The analysis of cost factors beginswith an evaluation of the reliability ofthe offeror's cost estimating proceduresand the dependability of his cost con-trols, as demonstrated by his history ofcost management in the performance ofother contracts or by his establishment

of sound practices for this purpose. Thecost analysis proceeds with a critical ex-amination of the composition of eachcost element in terms of Its expected ap-plication to the objectives of the con-tract, and its conformance to the ac-cepted principles of alocability and rea-sonableness. (See Subpart C, Part 15, and§ 15.201 of this chapter.) A Governmentcost estimate may help in projectingtools for these purposes and may de-velop the expected incidence of variouscost factors in relation to performancephases, planned segments, or identifi-able "milestones." This estimate shouldprovide a summary forecast of the time,effort, materials, equipment, and serv-ices necessary to accomplish the researchor development objective. The compari-son and reconciliation of the Govern-ment cost estimate with the offeror's costestimate for the same phases, segments,or events should bring into focus anyareas of excessive or insufficient empha-sis and provide a foundation for mean-ingful discussions with the offeror.

(d) Special care should be exercisedto comply with §§ 15.205-1 and 15.205-33of this chapter in the allowance of ad-vertising costs under § 15.309-1 of thischapter.

§ 4.106-6 Profit or fee.See §§ 3.405-1(c), 3.405-5(c), 3.805-2,

3.806, 3.807-10(d), and 3.808 of thischapter.

§ 4.106-7 Documentation.

Contract files for research and devel-opment procurement shall be fully docu-mented to include the basis and reasonsfor the selection of the sources solicitedand for the award. Such documentationshould be adequate to justify the selec-tion of the contractor over others whoseproposals, from the standpoint of somesingle factor (such as lower estimatedcosts or shorter performance time),might appear more advantageous to theGovernment. (See § 1.308 of thischapter.)94.107 Concept formulation and con-

tract definition.

Policies governing concept formula-tion and contract definition as set forthin AR-705-5, SEC N A V Instruction3900.33 and APR 80-20 are applicable toall new (or major modifications of exist-ing) engineering developments and oper-ational systems developments estimatedto require total cumulative RDT&Efinancing in excess of 25 million dollars,or estimated to require a total produc-tion investment In excess of 100 milliondollars, un 1 e s s specific waivers aregranted by written approval of the Di-rector of Defense Research and Engi-neering. Other projects may be requiredto be conducted in accordance with theseprocedures at the discretion of the indi-vidual Departments or as directed byDDR&E. Concept formulation and con-tract definition have a significant im-pact on both procurement and researchand development personnel, particularlyIn their advanced planning for a majordevelopment program. It is essential thatengineering and operational system de-

velopment policies be considered earlyin concept formulation in order for pro-curement to be conducted efficiently andIn consonance with these policies.§ 4.108 Grants for basic research.

Grants are authorized under 42 U.S.C.1891 for basic research at educational in-stitutions and other nonprofit organiza-tions whose primary purpose is the con-duct of scientific research. The policiesand procedures for grants are prescribedby other Department of Defense direc-tives as implemented In DepArtmentalprocedures.§ 4.109 Types of contract" most appli-

cable for research and development.See Subpart D, Part 3 of this chapter.

§ 4.110 Cost-sharing policy.(a) It is the policy of the Department

of Defense to utilize cost-sharing in re-search or development procurementswith contractors, other than educationalinstitutions and foreign governments,only when there is a high probability thatthe contractor will receive substantialpresent or future commercial benefits.Accordingly, cost-sharing contracts maybe used in such procurements only when:

(1) The contracting officer shows con-clusive evidence that there Is a highprobability that the contractor will re-ceive substantial present or future com-mercial benefits, and

(2) The Head of a Procuring Activityapproves the use of 'such a contract inwriting.It should be recognized that these con-trols do not apply to Jointly sponsoredresearch or development work with edu-cational institutions or to cost-sharingarrangements between the United Statesand foreign governments.

(b) Willingness to share costs shouldnot be a factor in competitive sourceselection. Department of Defense ob-jectives of fostering competition andfurthering the Small Business Programwill be inhibited unless competition isconducted on terms that provide equi-table opportunity for all eligible sources,An award based on ability to share costsrather than on competence does notprovide such equitable opportunity andmay preclude securing the services ofthe best qualified source.

(c) Purchasing activities should notinclude in solicitations statements ofwork which would require more fundsfor completion than will be available.Similarly, the prospect of preferred con-sideration for award of a possible futurecontract should not be offered or im-plied as an incentive to induce con-tractors to enter into cost-sharing ar-rangements.§ 4.111 Special use allowances for re-

search facilities acquired by educ.tional institutions.

(a) Definitions. As used in this sec-tion:

(1) "Special use allowance" means anegotiated direct or indirect allowancefor buildings, structures, and real prop-erty, other than land, computed at anannual rate in excess of the rate which


10164


normally would be allowed under Sub-part C, Part 15 of this chapter; and

(2) "Reseaxch facility" means realproperty, other than land, and includesstructures, alterations, and improve-ments, acquired for the purpose of con-ducting scientific research under con-tracts with agencies of the Departmentof Defense.

(b) Polck. The expanding require-ments of the Department of Defense forthe performance of scientific researchprograms by educational institutions maycreate special situations wherein the ac-quisition or construction of additionalresearch facilities by such institutions Isessential for the effective performance ofscientific research programs-of major im-portance to the Department of Defense.Educational institutions are expected tofurnish facilities required for the per-formance of Defense contracts, and theextent of reimbursement by the Gov-ernment for the research programs ofsuch institutions shall be governed bythe principles set forth in Subpart C,Part 15 of this chapter. However, in cer-tain limited situations an educational in-stitution may be unable to provide cap-ital for new laboratories or other ex-panded facilities necessitated bDefensecontracts unless the institution is givenGovernmental assistance in return forthe risks and expenses it assumes in ac-quiring or constructing. such facilities.Special use allowances constitute ameans for recognizing these risks andexpenses on the part of the educationalinstitution and also provide a basis forpermitting essential governmental re-search programs to go forward. The re-sort to special use allowances as providedby this section is an extraordinary typeof arrangement and constitutes an ex-ception to the provisions for normal useallowances contained in § 15.309-10 ofthis chapter. Any specific agreement pro-viding for a special use allowance shallbe negotiated on a case-by-case basisusing the criteria established herein.

(c) Authorization of special use allow-ances. The Secretary concerned, or hissole designee for the purpose, may ap-prove special use allowances for the ac-quisition or construction costs of researchfacilities financed by educational in-stitutions only when all of the followingconditions are met:

(1) The research facility is essentialto the performance of Department of De-fense contracts;

(2) The program requirements cannotbe met practically and effectively by ex-isting -facilities, either Government ornon-Government;

(3) The proposed agreement for thespecial use allowances represents a soundbusiness arrangement;

(4) It is undesirable or impractical forthe Government to provide Government-owned facilities for the performance of'the research; and

(5) The proposed use of the researchfacility is in consonance with the under-

.lying objective of the Government ingranting the special use allowance.

(d) Negotiation and administrationof contract& providing for special useallowances. The negotiation and admin-

istration of contracts providing for rpe-cial use allowances are subject to theconditions set forth In subparagraphs (1)through (13) of this paragraph:

(1) The terms of the agreement forspecial use allowances authorized hereinshall be specified or incorporated by ref-erence in the applicable contracts.

(2) Where the special use allowanceis based on the total acquisition cost, nonormal use allowance or other use or de-preciation charge will apply during thespecial allowance period nor after theeducational institution has recovered thetotal acquisition cost under Governmentcontracts or from other users. Where thespecial use allowance is based on lessthan total acquisition cost of the re-search facility, the agreement willspecify whether any normal use allow-ance or other use or depreciation chargewill apply to the balance during the spe-cial use allowance period; however, nomore than the normal use allowancecomputed in accordance with Subpart C,Part 15 of this chapter may be appliedthereafter to the balance.

(3) During the period of the specialuse allowance, and for subsequent pe-riods to the extent agreed upon, the re-search facility shall be available for Gov-ernment research use on a priority basisover non-Government use. Any sgnif-icant use during such period other thanthat which justified the special use al-lowance shall be subject to prior conzentof the cognizant approval authorityspecified in this section.

(4) Special use allowances are applU-cable only in years In which the Govern-ment has contracts in effect with theeducational institution for research to beconducted in the facility. The Govern-ment has no liability to the educationaIinstitution for the special use allowancein any year in which there is no Govern-ment contract. In any year when thelevel of research effort under Govern-ment contracts has been reduced to apoint where the special use allowance isexcessive in relation to the extent of theGovernment research funding, the par-ties may negotiate a special use allow-ance for that year at a mutually accept-able rate.

(5) Where more than one Govern-ment contract s to be performed in theresearch facility, special use allowancesgenerally should be allocated to usingcontracts on an equitable basis.

(6) If during the period when a spe-cial use allowancis in effect, any sub-stantial use is made of the research facil-ity for parties other than the Govern-ment, only an allocable share of the spe-cial use allowance shall be charged tothe Government.(7) Special use allowances shall not

-include any maintenance, utilities, orother operational costs.

(8) Generally, the period for whicha special use allowance is authorizedshall be at least 10 years. However, ashorter period of time Is authorizedwhere the total amount to be allowed I-less than acquisition cost for the re-search facility.

(9) Reimbursements under contractsfor special use dllowances shall not corn-

mence until the research facility I- oc-cupied and used for research under thecontract. However, equitable adjustmentsmay be made in the special use allow-ance during the construction period ifthe rezearch facility is partially used forreszearch under the contract.

(10) Determination of the amount ofa rpecial use allowance shall be based onthe comparative need for the researchfacility by the Dapartment of Defenseand by the educational institution. In noevent shal the institution be paid morethan the acquisition costs.

(11) In estabI!shing the annual spe-clal use allowance, due considerationshall be given to rental costs for similarspace in the area where the researchfacility is to be located.

(12) No payment shall be made to theeducational institution for costs of landor interest charges on capital, used orborrowed, for the acquisition of the re-search facility.

(13) Information copies of each sp2-cial use allowance agreement negotiatedshall be furnished to each duthorlzlngofficial specified in paragraph (c) ofthis ection and to the Director of De-fense Research and Engineering, Officeof the Secretary of Defense.

§4.112 Plating suLcontracts for re-search and development effort.

Since the celection of research or de-velopment contractors is based uponseeldng the best scientific and technolog-eal sources, it I- important that thecontractor celected on this basis does notin turn subcontract technical or scientificwork without prior approval of the con-tracting officer. The clause prescribed in§ 7.402-8 of this chapter, for cost-re-Imburzement type rezearch and develop-ment contracts, require. prior writtenconsent of the contracting officer for theplacement of any subcontract which hasexperimen ta, developmental, or researchwork as one of its purposes. During thenegotiation of the contract, it is impera-tive that the contracting officer obtaincomplete information concerning thecontractor's plans for subcontractingany portion of the research or develop-ment effort. See §§ 1.906, 3.807-10 and23.201-2 of this chapter.

§ 4.113 Scientific and technical reports.

(a) Scientific and Technical Reportsare documents written for the perma-nent record to document results obtainedfrom and recommendations made onsclentiflc and technical activities relat-Ing to a single project, task, or contractor relating to a small group of closelyconnected efforts within the Departmentof Defense Research and DevelopmentPro-ram. A completed Document Con-trol Data-R&D (DD Form 1473) is tobe included in each copy of a scientificor technica report, required by the con-tract. (See § 1M.E07 of this chapter.)

(b) Wherever a scientific or technicalreport I- required as a product of theResearch. Development, Test, and Evalu-ation Effort, the contracting officer willzsure that the requirement for a com-pleted DD Form 1473 Is clearly statedand that a complete DD Form 1473 is in-

FEDERAL REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967No. 132----3

10165


eluded with each copy of the requiredscientific and technical reports.

(c) Research and development con-tracts are required to contain appropri-ate data clauses as prescribed in SubpartB, Part 9 of this chapter, which usuallyprovide, among other things, for the re-production and use for any purpose ofthe Government of any or all of the in-formation to be provided under the con-tract. Contracting officers shall requirecontractors to furnish all such informa-tion resulting from research or develop-ment contracts. Scientific and technicalreports should be reproduced as econom-ically as practicable, consistent with thereporting needs of the Government.

(d) It is important that the results ofresearch and development contracts bemade readily available to Governmentactivities, and to non-Government or-ganizations and persons who have a needto know in accordance with proceduresof the Military Departments. DefenseDocumentation Center, Cameron Sta-tion, Alexandria, Va. 22314, provides acentral service for the interchange ofscientific and technical information ofvalue to Department of Defense agenciesand contractors.

§ 4.114 Data under research and de-velopment contracts.

(a) It Is Imperative that all researchand development contracts carefullyspecify the data to be delivered under thecontract since the Basic Data clause re-quires delivery only of "Subject Data"and defines "Subject Data" as data tobe delivered under the contract.

(b) In planning a developmental pro-curement, when subsequent productioncontracts are contemplated, considera-tion should be given to the need and timerequired for obtaining a procurementpackage. The term "procurement pack-age" means plans, drawings, specifica-tions, and other descriptive informationand data nedessary to achieve competi-tion in production contracts.

54.115 Insurance under research anddevelopment contracts.

See Part 10 of this chapter.

§4.115-1 Contractor immunity fromliability for torts.

In the case of cost-reimbursementtype contracts where nonprofit educa-tional institutions or other contractorsdo not carry insurance either becauseas charitable organizations they claimimmunity from liability for torts or, inthe case of State institutions, because theState law does not permit them to ex-pend their funds for insurance pre-miums, the requirements of the Insur-ance-Liability clause, § 7.203-22 of thischapter, may be modified to recognizea claim of partial immunity as providedin I 7.402-26(a) of this chapter or fora claim of total immunity as provided in§ 7.402-26(b) of this chapter.§ 4.115-2 Indemnification against un-

usually hazardous risks.

Under the authority provided by 10U.S.C. 2354, research and developmentcontracts may specifically include lan-guage to indemnify contractors against

liability on account of claims by thirdparties (including those of contractors'employees) for death, bodily injury, andloss of or damage to property, and forloss of or damage to the contractors'property, to the extent such liabilitiesarise out of the direct performance ofthe contract involved and from a riskdefined in the contract as unusuallyhazardous. (See Subpart G, Part 10 ofthis chapter.)§ 4.116 Government property under re-

search and development contracts.§ 4.116-1 General.

In research and development contractswith commercial organizations, theclauses relating to property furnished bythe Government or acquired by the con-tractor at Government expense are thesame as those used in other types of con-tracts. (See §§ 13.702 and 13.703 of thischapter.) Different clauses are pre-scribed for use in research and develop-ment contracts with educational or othernonprofit institutions where no profit orfee is involved. (See §§ 13.706 and 13.707of this chapter.)§ 4.116-2 Control of Government prop-

erty in possession of research anddevelopment contractors.

The basic requirements to be observedby the Departments for establishing andmaintaining control over GovernmentProperty as set forth in § 30.2 of thischapter are applicable to research anddevelopment contracts except, in con-tracts with educational or other non-profit organizations (executed on a non-profit basis), § 30.3 of this chapter isapplicable.§ 4.116-3 Providing Government pro-

duction and research property.See Subpart C, Part 13 of this chapter.

§ 4.116-4 Transfer of title to equip-ment to nonprofit educational or re-search institutions.

(a) General. This section Implements42 U.S.C. 1892 which gives the Depart-ment of Defense discretionary authorityto vest in nonprofit institutions of highereducation or nonprofit organizationswhose primary purpose is the conductof scientific research, without furtherobligation to the Government or on suchother terms and conditions as may beappropriate, title to equipment pur-chased with funds available for grantsor contracts for the conduct of basic orapplied research.

(b) Purpose of the legislation. Thegeneral purpose of the legislation Im-plemented by this section is to facilitatethe scientific research performed undercontract for the Government by the non-profit institutions and organizations de-scribed in paragraph (a) of this section.It is intended to permit the eliminationof the recordkeeping required when theGovernment retains title to equipmentfurnished or purchased under a researchcontract, in those cases where the costof such recordkeeping to the contractoror to the Government is out of propor-tion'to the value of the equipment. It isfurther intended to reduce where desira-

ble the time and labor involved informally circulating through the Gov-ernment long lists of highly specializedor minor items of equipment or in relo-cating major equipment when suchrelocation is impracticable or uneconom-Ical and not required for other researchprograms of the Government. Finally, Itis intended to provide a measure of ad-ministrative flexibility when, from thestandpoint of increased research effec-tiveness and in the absence of other De-partmental or Governmental require-ments, it is desirable to transfer title toequipment to such research contractors.

(c) Transfer of title. (1) Contractswith nonprofit institutions of higher ed-ucation or nonprofit organizations whoseprimary purpose Is the conduct of scien-tific research, shall provide, or shall beamended to provide, for transfer to con-tractors of title to each item of equip-ment having an acquisition cost of lessthan $200 and purchased with fundsavailable for grants or contracts for theconduct of basic or applied research.With respect to such equipment alreadyin possession of such contractors, thecontracting officer shall vest in the con-tractor title to all such low cost equip-ment at the time of amendment of theappropriate contract or as soon as prac-ticable thereafter. With respect to suchequipment to be acquired by the con-tractor for the account of the Govern-ment, the contracting officer shall vest Inthe contractor title to such equipmentupon receiving from the contractor awritten receipt pursuant to Item 305,§ 30.3 of this chapter. The requirementsof this section are not applicable totransfers of title that are precludedby controls governing the equipmentinvolved.

(2) With respect to equipment havingan acqutsition cost of $200 or more, con-tracts with such institutions and organi-zations may provide, or may be amendedto provide, that the contracting ofilcermay transfer title to the contractor. Tothe maximum extent possible, transferof title should be effected at the begin-ning of the contract or upon acquisitionof the equipment, but such transfer maybe effected at the beginning, during thecourse of, or at the end of a contractprovided:

(I) The equipment was purchasedwith grant or contract funds allocatedfor basic or applied scientific research;

(l) (a) Either the retention of titlein the Government would create an ad-ministrative burden not warranted bythe value of the equipment, or the keep-ing of inventory and records by the con-tractor would become prohibitivelycomplicated or expensive, or

(b) It would be impractical or un-economical to remove the equipmentfrom the contractor's plant:

(ii) The transfer of title will furtherthe scientific research objectives of theDepartment concerned; and

(iv) The transfer of title Is not pre-cluded by controls governing the equip-ment involved.

(3) The contracting officer may, whenprovision is made therefor by contract,vest in the contractor title to any Item

FEDERAL REGISTER, VOL. 32, NO, 132-TUESDAY, JULY 11, 1967

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10167RULES AND REGULATIONS

of equipment having an acquisition costof from $200 to $3,000, inclusive, follow-Ing his written determination that thecriteria In subparagraph (2) of thisparagraph had been met. When the ac-quisition cost of an item of equipment IsIn excess of $3,000, the contracting officermay transfer title to the contractor uponthe written approval of the head of theprocuring activity or his designee. Suchapproval shall be given on the basis ofthe criteria in subparagraph (2) of thisparagraph and only after consideringwhether transfer of title is consistentwith any known need of the Departmentconcerned. (No formal screening is re-quired.) In addition, for items of equip-ment having an acquisition cost in ex-cess of $25,000, the approval of desig-nated representativesI of the Depart-ments must be secured. Such approvalshall be given within sixty (60) days,but only after a reasonable check, com-mensurate with the value of the iteminvolved, has established that there isno known requirement for the itemwithin the respective Departments.

(4) Where title to equipment is vestedpursuant to subparagraph (1) or (2) ofthis paragraph, the contractor shall bewithout further obligation to the Gov-ernment with respect to such equipment,except that the contractor must agree.as a condition to taking title, that nocharge will be made to the Governmentfor any depreciation, amortization, oruse charge with respect to such equip-ment under any existing or future Gov-ernment contract.

(d) Contract clauses. Where it is an-ticipated that in connection with a con-tract, title to equipment may be vested inthe contractor in accordance with thisparagraph, the alternate subparagraph(c) (2) of the clause in § 13.706 of thischapter shall be included in fixed-pricetype contracts, and the addition to sub-paragraph (c) (1) of the clause in § 13.707of this chapter shall be included in cost-reimbursement contracts.

§ 4.117 Contractor performance evalua-tion program.

The Contractor performance evalua-tion program is a procedure for deter-mining and recording the effectivenessof advanced-development (with meas-urable contractual commitments), en-gineering-development, and operational-systems-development and productioncontractors in meeting the performance,schedule, and cost provisions of theircontracts. The program requires projectmanagers within the military depart-

,, the case of the Department of theArny-. the designee Is Army Research Office,Office Chief of Research and Development,Washington. D.C. 20310.

In the case of the Department of the Navy,the designee is Chief of Naval Research, Of-frice of Naval Research. Washington, D.C,20390.- In the case of the Department of the AllForce, the designee is Commander, Office olAerospace Research, Washington, D.C. 20333,

In the case of the Defense Supply Agencythe designee is Executive Director for SupplyOperations, Defense Supply Agency, CameronStation, AlexandrIa, Va. 22314.

ments to submlt periodic contractor per-formance evaluation reports (see DDForm 1446 series) for all such develop-ment contracts whose projected cost fora single year will exceed $2 million orwhose projected overall cost will exceed$10 million and for all production con-tracts that follow or are concurrent withthe development contracts evaluated(until firm specifications susceptible toprice competition are in use), If the pro-jected cost exceeds $5 million for a tingleyear or If the projected overall cost e:-ceeds $20 million. After review or certi-fication by the appropriate Depart-mental contractor performance evalua-tion group (see DD Form 1447 serles),the report is submitted to the contractorand then transmitted, with the contrac-tor's comments, to the Director of Con-tractor Performance Evaluation, Ofitce ofthe Assistant Secretary of Defense (In-stallations and Logistics), for storace ina central data bank and use by sourceselection advisory councils or other per-sons or groups acting in similar capacity,contracting officers in determining feesor profits and the Renegotiation Board.The central data bank Is maintained atthe Defense Documentation Center ofthe Defense Supply Agency, CameronStation, Alexandria, Va. 22314. Detailedprocedures for this program are cet forthin the Department of Defense Guide toContractor Performance Evaluation(Development and Production).

Subpart B-Procurement of Researchand Development [Revoked]

Subpart C-Contracts for Preparationof Household Goods for Shipment,Government Storage and RelatedServices [Revoked]

PART 6-FOREIGN PURCHASES

13. In § 6.102-3, paragraph (a) (2) isrevised, and in § 6.103-2, the introduc-tory text of paragraph (b) is revised, asfollows:§ 6.102-3 Procurement from olher Gov-

ernment agencies.(a) * *(2) If an end product listed as foreign

on a Federal Supply Service Schedule isfirst acquired by a Defense activity, itshall be procured in accordance with§ 6.103.

*

§ 6,103-2 Nonavailability in the UnitedStates.

(b) Notwithtanding the foregoing,procurement of foreign end products onthe basis of "nonavallability." whetheror not listed in § 6.105, shall be made onlyif the procurement is approved by:

PART 7-CONTRACT CLAUSES

14. New §§ 7.10--62 and 7.104-63 areadded; § 7.105-7 Is revised; § 7.105-8 is re-voked; and in § 7.203-2, the clause head-

ing and clause paragraph (c) are revised,as follows:§ 7.10- 2 Material inspection and re-

ceiving report.ns.ert the following clause except in

negotiated subsistence procurements andcontracts for tank:er/barge shIpments ofbulk petroleum products.

!~!AZSXL I (M.ZZO AS s5Vl0 )Z

At the time o each delivery under thiscontract, the Contractor nbalt prepare andfurntsh to the Govr-nment a Material In-spcction and rcczlvIn2 Report (DD Fo=2.50 Serie), In the manner and to th- ext ntrequIrcd by ASPR Appandx I. "Prpsr,.t-on,

-epreductlon. and DL-tribution, MIaterial In-spction and R eivina Report (ZnRR)."

§7.104-63 Protection of GovernmentLuilding, equipment, and vegetation.

Inzert the following clause in all con-tracts which Involve the performance ofany services on a Government installa-tion.

pnorccrio:u ci Govsar?.an RsnrrCs,EouwF=nr. Arm VscrAxro n (Aer. 19F.7)The Contractor shall avoid daming ex-

lattg bulldino., cquipment, and vegat,-;ton(such s trce, shrubs, and grass) on theGovenment Intallatfon. If the ContractordamaCs any mch building, cqulpme-nt, crveZetation, he soall replace or repair thedamaGe at no expe nz to the Governmentas directcd by the Contracting OMer. If hefalls or refuze to do so, the Contractor shyllbe liable for the cost of replacement or re-pair. and suc co-t may be deducted fromzthe contract price.

§ 7.105-7 Supply warranty.In accordance with § 1.321 of this

chapter, an appropriate supply warrantyclause may be inserted.

§ 7.105-Z Supply warranty. [Revoked]

§ 7.203-2 Changes.Cn=-=a (Araj. 1967)

(c) h o" ih.ztandlng the provisions of par-arapha (a) and (b) above, th3 estimatedcost of this contract and. If this contract is.Incremcntally funded, the funds allotted forthe port.-mance thereof, shall not be In-creasd or deemed to be Increased except byspefc written mcdlclatIon of the contractIndicating the new contract estimated ccctand. It thLs contract Is Incrementally fund edthe new amount allatted to the contract.Until such moification is made. the Con-tractor shall not be obligated to continueperformanco or incur casts beyond the pointestablished in the clause of this contracten*tt "Limitation of Cc-.+" or ILimitation

15. New § 7.201-44 is added; § 7.205-6is revoked; new § 7.303-13, 7.403-41 areadded; and § 7.404-1 is revised, asfollows:

§ 7,201-44 Materia inspection and re-ceiving report.

Insert the clause in § 7.104-62 exceptIn negotiated subitence procurementsand contracts for tanker/barge ship-ments of bulk petroleum. products.



§ 7.205-6 Material inspection and re-ceiving report. [Revoked]

§ 7.303-13 Material inspection and re-ceiving report.

Insert the clause set forth in § 7.104-62.


Insert the clause set forth in § 7.104-62.

§ 7.404-1 Changes.Cn NiNss (Asrai. 1967)

(a) The Contracting Officer may at anytime, by a written order, and without noticeto the sureties, If any, make changes, withinthe general scope of this contract, in any oneor more of the following:

(i) Drawings, designs, or specifications;(1i) Method of shipment or packing; and(ili) Place of inspection, delivery, or

acceptance.(b) If any such change causes an increase

or decrease in the estimated cost of, or thetime required for the performance of anypart of the work under this contract, whetherchanged or not changed by any such order,or otherwise affects any other provision ofthis contract, an equitable adjustment shallbe made:

(1) In the estimated cost or delivery sched-ule, or both;

(it) In the amount of any fixed fee to bepaid to the Contractor; and

(1l) In such other provisions of the con-tract as may be affected, contract shall bemodified In writing accordingly.Any claim by the Contractor for adjustmentunder this clause must be asserted withinthirty (80) days from the date of receiptby the Contractor of the notification ofchange: Provided, however, That the Con-tracting Officer, if he decides that the factsjustify such action, may receive and act uponany such claim asserted at any time prior tofinal payment under this contract. Failureto agree to any adjustment shall be a disputeconcerning a question of fact within themeaning of the clause of this contract en-titled "Disputes." However, except as pro-vided In paragraph (c) below, nothing inthis clause shall excuse the Contractor fromproceeding with the contract as changed.

(c) Notwithstanding the provisions ofparagraphs (a) and (b) above, the estimatedcost of this contract and, if this contract isincrementally funded, the funds allotted forthe performance thereof, shall not be In-creased or deemed to be Increased except byspecific written modification of the contractindicating the new contract estimated costand, if this contract is incrementally funded,the new amount allotted to the contract.Until such modification is made, the Con-tractor shall not be obligated to continueperformance or incur costs beyond the pointestablished in the clause of this contractentitled "Limitation of Cost" or "Limitationof Funds."

In the foregoing clause, the period of"thirty (30) days" within which anyclaim for adjustment must be asserted,may be varied in accordance with De-partmental procedures. In accordancewith 10 U.S.C. 2306(f), prior to the pric-ing of any change order that is expectedto exceed $100,000, except where theprice is based on adequate price com-petition, established catalog or marketprices of commercial items sold in sub-stantial quantities to the general pub-lic, or prices set by law or regulation, thecontracting officer shall require the con-tractor to furnish a Certificate of Cur-rent Cost or Pricing Data (see § 3.807-4

of this chapter) and shall assure thatthe contract includes or is modified toinclude a defective pricing data clause(see § 7.104-29).

16. Sections 7.603-30, 7.705-2, and7.705-4 are revised; an introductorystatement is added at the beginning of§ 7.802-4; and in § 7.802-5(a), the clauseheading and clause paragraph (a) arerevised, as follows:§ 7.603-30 Availability and use of util-

ity services.

Insert the following clause in contractsfor performance at Government instal-lations when it is determined that one ormore utility systems and supplies areadequate for the needs and use of boththe Government and the contractor andit is advantageous to the Government tofurnish such utility services.AvAILAnzLIrT AND Uss Or UTIri' SERvicxs

(Avsmi 196'?)(a) The Government will make available

to the Contractor, from existing outlets andsupplies, all reasonably required amounts ofutilities as specified in the Schedule or speci-fications. Except as otherwise provided in theSchedule or specifications, each utility shallbe charged to or paid for by the Contractorat prevailing rates charged to the Govern-ment or, where the utility is produced by theGovernment, at reasonable rates as deter-mined by the Contracting Officer.

(b) The Contractor shall carefully con-serve utilities furnished without charge. TheContractor, at his own expense and in a work-manlike manner satisfactory to the Con-tracting Officer, shall install and maintainall necessary temporary connections and dis-tribution lines and, if necessary to determinecharges, all meters required to measure theamount of each utility used; and he shallremove the same prior to final acceptance ofthe construction.

§ 7.705-2 Filing of patent applications.

In accordance with the requirementsof § 9.106 of this chapter, insert the con-tract clause set forth therein.§ 7.705-4 Transfer of title to the fa-

cilities.

In accordance with the Instructionscontained in § 4.116-4 of this chapter,the following clause may be inserted infacilities contracts.

TEANSFElt OF TrELE TO TEa FACIITIES(SEmPTMMM 1964)

Notwithstanding the provisions of theclause of this contract entitled '"Itle", theContracting Officer may at any time duringthe term of this contract, or upon comple-tion or termination, transfer title to equip-ment to the Contractor upon such terms andconditions as may be agreed upon: Provided,That the Contractor shall not under anyGovernment contract, or subcontract there-under, charge for any depreciation, amorti-zation, or use of such equipment as is do-nated under this clause. Upon the transferof title to equipment under this clause, suchequipment shall cease to be Governmentproperty.

§ 7.802-4 Payments clauses for lettercontracts.

The following clause shall be includedin all letter contracts contemplating acost-type contract. As to letter con-tracts contemplating a fixed-price typecontract, see § 163.84 of this chapter.

* * * * *

§ 7.802-5 Definitization.(a) * * *

DxrrrrxzrxOs (Ai'RL 1987)(a) A ------------ type definitive oon-

tract is contemplated. To accomplish thisresult, the Contractor agrees to enter intonegotiation promptly with the ContractingOfficer over the terms of a definitive contract,which will include all clauses required bythe Armed Services Procurement Regulationon the date of execution of the letter con-tract, all clauses required by law on the dateof execution of the definitive contract andsuch other clauses, terms, and conditions anmay be mutually agreeable. The Contractoragrees to submit a fixed-price proposal [cstand fee proposal], and cost or pricing datasupporting that quotation.

• * * * *

17. Section 7.902-7 Is revised; new§§ 7.902-25 and 7.1102-4 are added; andnew Subparts M, N, and 0 are added, asfollows:

§ 7.902-7 Filing of patent applicationm.

In accordance with J 9.106 of thischapter, insert the clause set forththerein.


Insert the clause In § 7.104-62 exceptin negotiated subsistence procurementsand contracts for tanker/barge ship-ments of bulk petroleum products.


Insert the clause in 1 7.104-62 exceptIn negotiated subsistence procurementsand contracts for tanker/barge ship-ments of bulk petroleum products.

Subpart M-Clauses for Bakery andDairy Products Contracts

See.7.13007.13017.1301-17.1301-2

7.1301-37.1301-47.1301-57.1301-87.1301-77.1301-87.1301-97.1302

7.1302-17.1302-27.1302-37.13037.1303-17.1303-2

Scope of subpart.Required clauses.Delivery vehicles and conveyances.Responsibility for containers and

equipment.Time of delivery.Plant locations.Sanitary conditions,Disclaimer of export subsidies.Remedies under delivery orders."Fluid Milk" contracts.Solicitations for fluid milk.Additional required clauses for

perishable dairy products con-tracts,

Containers and equipment.Examination and testing.Deficiency adjustment.Clauses to be used when applicable.Code dating.Marking.

AurHoarrY: The provisions of this SubpartM Issued under sec. 2202, 70A Stat. 120; 10U.S.C. 2202. Interpret or apply sees. 2301-2314, 70A Stat. 127-133, 10 US.O. 2301-2314.

§ 7.1300 Scope of subpart.

This subpart sets forth uniform con-tract clauses for use in indefinite de-livery contracts as defined in 1 3.409 of

this chapter, for perishable bakery anddairy products. These clauses Are to beused in addition to other required or ap-

plicable clauses.



§ 7.1301 Required clauses.

The following clause shall be includedin all indefinite delivery contracts forperishable bakery And dairy products.

§ 7.1301-1 Delivery vehicles and con-veyances.DEaV rs VEHICLES (APfm 1967)

The supplies delivered under this contractshall be transported in clean, closed vehicles.The vehicles shall be maintained in a sani-tary condition to prevent contamination ofthe supplies and shall be equipped to main-tain any temperature requirement prescribedin the specification or elsewhere in this con-tract. The vehicles shall be subject to Inspec-tion by the Government at all reasonabletimes and at all places, Including the plantof the Contractor. Supplies tendered for ac-ceptance in vehicles which are not sanitary,or which are not equipped to maintain anyprescribed temperatures, may be rejectedwithout further inspection.

§ 7.1301-2 Responsibility for containersand equipment.

RESPONSEILITrY O CONT AMS ANDEQuX-LmqT (A PSI 1967)

The Contractor shall maintain all reusablecontainers and equipment in a sanitary con-dition and in a good state of repair andworking order. At the time of each deliverythe Contractor shall remove from the prem-ises of the Government all empty reusablecontainers, unless the Contracting Officergrants permission in vtlng for less frequentremoval. The Government shall not be liablefor any damage to, or loss or destruction of,containers and equipment furnished bytheContractor.

§ 7.1301-3 Time of delivery.Tnr or D=vEnY (AiLrr 1967)

Individual written delivery orders issuedor oral delivery orders placed under this con-tract shall specify the locations to whichdeliveries shall be made and the quantitiesfor each location. Deliveries will be com-pleted within the hours prescribed In theSchedule of this contract and on the daysspecified by the order. Orders which call fordelivery within less than twenty-four (24)hours from the time the Contractor receivessaid orders shall be governed by paragraph(e) of the clause entitled "Requirements."

If an indefinite quantity contract as de-fined in § 3.409-3 of this chapter is used,rather than a requirements contract, thefollowing shall be included instead of thelast sentence of the foregoing clause.

The Contractor shall not be required todeliver within less than ---- hours fromthe time the Contractor receives a deliveryorder.

§ 7.1301-4 Plant locations.

Prior to award of a contract, the con-tractor must identify the plant or plantsat which any manufacturing or proc-essing will occur and from which ship-ment will be made. See § 1.903-2(b) ofthis chpapter. The plants named by thecontractor shall be listed in the Schedule,and the following clause shall be includedin the contract.

CHANGE in PLArer LOIcos (AprIL 1967)The performance of any work under this

contract at any place other than that namedin this contract Is prohibited unless specificwritten advance approval is obtained fromthe Contracting Officer.

§7.1301-5 Sanitary conditions.SAu=trY CoND-Iozs (Aram 190b7)

(a) All plant faclitieo, machinery, equip-ment, and apparatus used in the produc-tion, processing, handling. storage, or de-livery of supplies under this contract, andall supplies (as the term "supplies" Idefined in parazraph (a) of the clauseentitled "Inspection '

) delivered under thiscontract, shall met the suitary standards,including bacteriological requirements, pre-scribed by the specifications cited elsewherein this contract.

(b) All plant facilities, machinery, equip-ment, and apparatus uced in the production,processing, handling, storage, or delivery ofsupplies under this contract shall be subjectto inspection and test by the Government atall places and at all reasonable timca.

(c) The Government shall notify theContractor in writing of any failure to meetthe sanitary standards, including bacteri-ological requirements, preceribed by thicontract. If such failure ban not been cor-rected within three (3) days from the datethe Contractor receive3 raid notice, the wholeor any part of this contract may be termi-nated for default or, at the option of theContracting Officer, the Contractor's rightto perform under this contract may hopartially or wholly ruspended for not lessthan ten (10) days, and for such longerperiod of time as the Contracting Officerdeems appropriate to permit correction ofsuch failure. A suspension shall not operateto extend the life of this contnict and shallnot be considered suficlent cause of anydelivery time. During the period of any suchsuspension, the Government may procurefrom other sources, upon such terms andin such manner as the Contracting Offcermay deem appropriato. suppUc simlar tothose specified ,In the Schedule, and theContractor shall be liable to the Governmentfor any exces costs for such similar supplies.If the Contractor doe not correct the failureto meet the sanitary standards, includingbacteriological requirements, within anysuspension period specified by the Contract-Ing Officer, the Government may terminatethe unexpired portion of thL contract fordefault without allowing additional time forcorrection, notwithstanding paragraph (a)(i) of the clause entitled "Dafault."

If an indefinite quantity contract as de-fined in § 3A09-3 of this chapter is used,rather than a requirements contract, thefollowing shall be inserted in paragraph(c) of the foregoing clause after the thirdsentence.

The quantity of supplies dc'inated In theSchedule as "'=inimum' sh ll be rcduced.in the event of a suspenzion. by an amountproportionate to the ratio between the num-ber of days the Contractor's right to performis suspended and the number of days In thecontract period. The quantity of suppliesdesignated as "Maxlmum" shall not bereduced.

§ 7.1301-6 Disclaimer of export sub.sidies.

Dgcunrs or Exoar Sun=.=- (Aram 1907)

The commodities supplied hereunder, orcomponents thereof, shall not have beenpurchased at reduced prices for export, norsubsidized for export by the Departmentof Agriculture either directly or Indirectly,and the Contractor agrecs that the deliverlehereunder will not be the b=1is for any ex-port subsidy benefit from the Department ofAgriculture.

§7.1301-7 Remedies under deliveryorders.

Enmnss Ursani Ds~umy O=an- (Asart1GG7)

All rlghts and remedles afforded to theGovernment under the provisions of thiscontract may be exercis-led and enforced bythe Government vith respct to each writtenor oral delivery order placed under thiscontract.

If delivery orders are to be placed by anactivity other than the activity whichawarded the contract, the following maybe added to the forezoina clause to es-tablish authority in the ordering ofcarunder the Changes, Extrmas, Inspection,Default, and DMputes clauses for theadministration of individual deliveryorders.

For the purp-.e: of the exercise of t!leGovernment's rihts and remedles under oneor more individual delivery orders, the term"Contracting OMcer" as used in the"Changes," "ixtra," "In-pection"' "De-fault." and "D aputes" clau.es, shall Includethe percon executng or placing said orderor orders.

7.1301-8 "Fluid Milk" contracts.All contracts which require the de-

livery of any item of "fluid milk for bev-erage purposes" and in which the parindof perform;nce exceeds 3 months shallinclude the following clause.

Pasca ADJrUsTnzr.rroa PLuJ Urre s-caB -- Paz-o (?UAnc= 19s7)

(a) For the purpose of thin clau:e thsterm. "fluid mill: for beverage purpe-s,,"mens fresh whole milk skIm milk, butter-milk, flavored milk, flavozed milk drlnks,recombined milk, cream, half and half, and

(b) For the purposes of thL clause, actionby the U. Scretary of Agriculture for whicha price adjustment may be made ncludez,but Is net limitcd to, amendment, su pen-sion, instituton, or termination of the pro-vilons of any applicable Federal EMI: Mar-L'cting Order, and direct changes In the sup-port prics under the dairy pr-ce zupp -tprogram. A price sdjutment wl not bemade whero a change in the Contractor'direct co-ts for fluid milk resultc merely froathe normal oparation or a p.-Ice-formulacantalned in any applicable Federal 2ilk71ar, eting Order excpt as Influnced bych-nge in the dairy price support pro;r-m.

(cj In the event that action by the US.Secrctary of Ar:iculture aUbsquent to thedate of bid opening, If thLs Is a contr-ct en-tered into by formal advertising, or the con-tract date If thLs Is a negotiated contract,causes an Incrca-s or deere-- in the Con-tractor'a direct cc5rt. of fluid milk u d or tobo used to furnih ite of flud mlls for ber-C.eae purp-=s under this contract, the con-tract price shall be Incre ed r decreaseby an amount equal to the changes in theCantractor'a direct co- of fluid milk whhaVw re caused by such action. No price adjtLt-ment shall be made with respect to delivcr.ieduring the first 3-month period oz the con-tract.

(d) If action by the US. Secretary of Ar-culture Is t3len during the first or any subse-quent 3-month period of the contract, theContractor within five (5) days after com-pletIon Of the deliveries for each such periodshal furnih to the Contracting Oficerwritten nol!ca stating whether such actionine-r-d decreased, or caused no change inthe Contractor'a direc-t cost for fluid millf


10169


used or to be used in the performance of thecontract. This notice shall include the Con-tractor's proposal for a price adjustment andpertinent documentary evidence or other in-formation explaining: (t) The effective dateand the amount of any Increase or decrease inthe Contractor's direct coat of fluid milk usedor to be used in the performance of the con-tract; (i) the Contractor's direct fluid milkcost used in computing the contract priceprior to adjustment; and (Ili) how his directcosts for fluid milk were affected by the ac-tion of the U.S. Secretary of Agriculture orthat such costs were unaffected by such ac-tion. The notice shall be supplemented bysuch additional information as the Contract-ing Officer may request. Within thirty (30)days from receipt of the Contractor's pro-posal, the Contracting Officer shall adjust theoontract prices for deliveries already made(except those made during the first 3-monthperiod of the contract) and for deliveries tobe made under the balance of the contract,or advise the Contractor why the requestedadjustment will not be made.

(e) The Contracting Officer may examinethe Contractor's books, records and othersupporting data relevant to the Contractor'sdirect costs of the fluid milk used or to beused in the performance of this contract,during all reasonable times until three (3)years after final payment under this contract.

§ 7.1301-9 Solicitations for fluid milk.

The following provision shall be in-cluded in all solicitations for fluid milkfor beverage purposes which contain theclause set forth in 1 7,1301-8.

EZvaluation of bids. Notwithstanding theprovisions of the clause entitled "Price Ad-justment for Fluid Milk for Beverage Pur-poses," bids or offers shall be evaluated onthe basis of quoted prices without the pos-sible adjustments being considered. (Ma~c1967)

5 7.1302 Additional required clauses forperishable dairy products contracts.

Clauses substantially as follows shallbe included in all Indefinite delivery con-tracts for perishable dairy products.

§ 7.1302-1 Containers and equipment.

If the contractor is to furnish cab-inets for dispensing milk from bulk con-tainers, a notice so stating shall be in-cluded in the Schedule of solicitationsand resultant contracts. The notice shallstate (a) the number of dispenser cab-inets required, or a reasonably accurateestimate thereof, (b) whether metalstands for the cabinets are required, (c)the number of cabinets required with acapacity of two containers each, and(d) the number required with a capacityof three containers each.

CowrAum s AND EQU3PMzET (APRL 1967)

(a) Dispenser containers and filling equip-ment used by the Contractor In the per-formance of this contract, and any refrig-erated bulk milk dispenser cabinets fur-nished by the Contractor, shall comply withMIL-STD-175, "Minimum Sanitary Stand-ards for the Equipment and Methods for theHandling of Milk and Milk Products inBulk Milk Dispensing Operations," asamended.

(b) Any bulk milk dispenser cabinets re-quired by the Schedule to be furnished bythe Contractor shall be installed, serviced,and maintained to the satisfaction of theContracting Officer. All responsibility for thesupply, installation, maintenance, and re-moval thereof, including labor and mate-

rial costs, and for any damage thereto orloss or destruction, shall remain with theContractor.

(c) When, and for as long as, the Con-tractor fails to furnish bulk milk dispensercabinets or milk dispenser containers as re-quired in the Schedule, or does not properlyservice, maintain, and repair said dispensercabinets, so that milk cannot be dispensedas needed by the Government, the Con-tractor shall deliver a sufficient quantity ofmilk In half-pint containers to satisfy ordersfor milk dispenser containers at the priceper gallon for milk dispenser containers.

(d) Any contamination, spoilage, leakage,or other loss of any contents of a dispensercontainer due to functional failure of thedispenser cabinets or dispenser containers,except for a general power failure at theGovernment installation, shall be replacedimmediately by the Contractor without costto the Government.

(e) The tare weight of dispenser con-tainers required to be certified in accordancewith paragraph (b) of the clause entitled"Examination and Testing" shall includeall parts of the container delivered as acomplete unit, including lids, tubes, andseals.

§ 7.1302-2 Examination and testing.ExAzNATiox AmD Tzs mi (APRIL 1967)

(a) In accordance with the specificationscited elsewhere In this contract, the Con-tractor shall examine and test all suppliesto be delivered (as the term "supplies" isdefined In paragraph (a) of the clause en-titled "Inspection"). Records of all suchexaminations and tests shall be kept com-plete and available to the Government untilthe sixtieth (60th) day following the expi-ration of this contract, or until the finalresolution of any dispute, appeal, claim, orlitigation arising out of or in connectionwith this contract, whichever Is later.

(b) The Contractor shall certify the tareweights of all containers on the shippingdocument and furnish a copy thereof to theGovernment inspector at destination. Ifdifferent types of containers with differenttares are included in a single delivery, theContractor shall furnish the tare weight andidentifying characteristics of each type.Volume and net weight shortages of anyline item, revealed by inspecting a reason-able sample of said line item, shall bededucted from payment for the entire quan-tity of the line Item delivered on the daythe shortage is discovered. For the purposeof determining net weight, milk will be con-sidered to weigh 8.6 pounds per gallon.

(c) At its own expense, the Governmentshall select samples at random from eachtype of product delivered hereunder. Thesesamples shall be submitted to a laboratoryfor bacteriological analysis or chemicalanalysis, or both.

(d) Not less than three (3) days after no-tice to the Contractor of nonconformancewith the bacteriological requirements pre-scribed by the commodity specificationscited elsewhere herein, the Government shallselect and test an additional sample of thetype or types of product which failed to"conform. Upon the failure of said additionalsample, the Government may terminate thewhole or any part of this contract for de-fault, suspend the Contractor's right to per-form al or a part of this contract in accord-ance with the "Sanitary Conditions" clauseherein, or exercise any other rights andremedies provided by law or under thiscontract.

(e) The butterfat, milk solids not-fat,and protein content of the entire quantityof each type of product delivered during amonthly period shall be deemed to be theweighted average of the results of the tests

of all samples thereof selected during soidperiod. If the butterfat, milk solids not-fat,or protein content of any type of product inany monthly period, as determined by achemical analysis of at least two (2) samples,is less than required by this contract, theContractor shall reimburse the Governmentfor the deficiency In an amount determinedpursuant to tht clause entitled "DeficiencyAdjustment." Monthly periods commence onthe first (st) day of the contract period andon the same day of each succeeding cnlendirmonth thereafter. 'rho butterfat, milk solidsnot-fact, and protein content of one type ofproduct will not be averaged with or ofetagainst the content of another type of prod-uct, and the content of products deliveredIn any one monthly period will not be aver-aged with or offset against the content ofproducts delivered In any other monthlyperiod. No payment will be made for butter-fat, milk solids not-fat, and protein contentin excess of the amount required by thiscontract.

(f) For the purposes of this clauge, theterm "type of product" Includes all lineitems in the Schedule governed by Identicalspecification requirements, except for pack-aging and flavor. For example, all line itemsof "Milk Whole. Presh" constitute a singletype of product, notwithstanding that de-livery Is made In various quantities of y-pint, quart, %-gallon, and bulk containers,

(g) The foregoing Is an agreed method forthe adjustment of prices of rejectable prod.ucts which are accepted under the "Inspec-tion" clause of this contract, and Is withoutprejudice to the Government's right to ter-minate for default or to pursue any otherremedy under this contract or as providedby law.

§ 7.1302-3 Deficiency adjustment.The formulas prescribed in the follow-

ing clause may be modified to accommo-date purchasing or ordering activitieswhich do not have access to the Depart-ment of Agriculture reports cited therein.

Dhnxcrucr ADJvsvMsx'rr (ARIL 1967)

(a) The amount to be paid by the Con-tractor to the Government as considerationfor the acceptance of supplies deficient Inbutterfat, milk solids not-fat, or protein.pursuant to the clause entitled "Examinationand Testing," shall be determined In accord-ance with the following formulas:

(1) Butterfat. Subtract the total poundsof butterfat delivered from the total poundsof butterfat required to be delivered, andmultiply the remainder by the butterfatvalue.

(1i) Milk solids not-fat, Subtract the totalpounds of milk solids not-fat delivered fromthe total pounds of milk solids not-fat re-quired to be delivered, and multiply the re-mainder by the milk solids not-fat value,

(ill) Protein. Subtract the total pounds ofprotein delivered from the total pounds ofprotein required to be delivered, multiply theremainder by the milk solids not-fat value,and multiply the product of the foregoing by2.8.

(b) The term "butterfat value" shall meanthe average Chicago top "Wholesale SellingPrice" of Grade A, 92 score butter during themonthly period for which the deficiency iscomputed, as reported In the Dairy and Poul.try Market News, published by the Depart-ment of Agriculture, Consumer and Murket-Ing Service, Chicago, Ill., multiplied by 1,30,The term "milk solids not-fat value" shallmean the average Chicago top price for"Commercial Sales, xxtra Grade, Nonfat DryMilk, Spray (begs)" during the monthly pe-riod for which the deficiency Is computed, asreported in the aforementioned Dairy andPoultry Market News, multiplied by 1A5.

FEDERAL REGIST9R, VOL. 32, NO. 132-TUESDAY, JULY 11, 1967

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§ 7.1303 Clauses to be used when appli-cable.

§ 7.1303-1 Code dating.If a Schedule or specification provision

requires the labels of one or more itemsto show the date of pasteurization, man-ufacture, production, or processing, aclause substantially as follows may be in-cluded to permit the use of a codingsystem.

CoDE DATING (APraL 1967)A code may be used to comply with the

requirement set forth in the Schedule orspecifications of this contract for showing adate on the labels of items delivered here-under: Provided, That, prior to the use ofa code, a -written explanation thereof is fur-nished to the Contracting Officer and ap-proved by him in writing. No changes in thecode symbols, code system or explanationthereof, shall be made without the advancewritten approval of the Contracting Offcer.

§ 7.1303-2 Marking.A clause substantially as follows shall

be included, unless a provision is insertedin the Schedule specifically requiringsupplies to be marked in accordance with1 L-STD-129, '"arking for Shipmentand Storage'

AAnXG (Apnm 1967)Notwithstanding any specification refer-

ences to MIL-STD-129. commercial markingsare acceptable.

Subpart N-Clauses for Laundry andDry Cleaning Contracts

see.7.14007.14017.1401-17.1401-27.1401-37.1401-4

7.1401-57.1401-67.1401-77.1401-87.1401-9

7.1401-107.1401-11

7.1401-12

Scope of subpart.Required clauses.Activities.Contract period.Specifications.Pickup and delivery points and

times.Count of articles.Loss or damage.Storage and handling.Vehicles.Requirements or indefinite quan-

tity.Ordering.

'Special definitions of Govern-ment property.

Individual laundry.

AuTroan'v: The provisions of this SubpartN Issued under sec. 2202, 70A Stat. 120; 10U.S.C. 2202. Interpret or apply sees. 2301-2314, 70A Stat. 127-133; 10 U.S.C. 2301-2314.

§ 7.1400 Scope of subparLThis subpart sets forth special uni-

form contract clauses for laundry anddry cleaning contracts (see Subpart G,Part 22 of this chapter). These clauses'are to be used in addition to other re-quired or applicable clauses prescribedby Subpart A-of this part.

§ 7.1401 Required clauses.

§ 7.1401-1 Activities.Acrivrrrs (Ai'a 1967)

Activities to be covered by this contractare:

§ 7.1401-2 Contract period.Coz=Acr Prasoa (Ara. 10G7)

Any contract awarded as a rcsult of bidssubmitted under this Invitation for Bid shallextend from--------- - or date of contractaward, 'whichever is later, through

both dates incluzivO, unless cooner ter-minated under the terms of the contract.

7.1401-3 Specifications.

SP=c=cA'nor;s (Ajr n, 1967)

All work under this contract shanl be ac-compliahed in accordance with specificatIonsMIIL-L-2368, LI-STD-105A. and LM-STD--666A. amendments or revislons thereto, andany other Federal or Zl1tary Specificationsor Standards cited herein.

§ 7.1401-4 Pickup and delivery pointsand times.

Pickup AD DLxvay Pomr r=o m =(Apam 1907)

The locations for pickup and delivery andthe times therefor are set forth below.

PfcLhup DeiroCrjLocation time time

The unit prices include (do not include)all pickup and delivery charges.

§ 7.1401-5 Count of articles.

Courrr or An rcim (Apnm 1907)

(a) The Contractor shall be liable for re-turn of the number and kind of articleo fur-niLhed for service under this contract, inaccordance with the count of the Contract-ing Officer, br the number and kind of ar-ticles agreed upon as a result of a joint countby the Contractor and the Contracting O-cer at the time of delivery to the Contractor.

(b) Delivery tickets in the number of cop-ies required, and in the form approved by theContracting Officer shall be completed by theContractor at the time of lisa recelpt of thearticles to be serviced. One copy of each de-livery ticket shall accompany the Contrac-tor's invoice.

In contracts that provide for laundry ordry cleaning service to individual per 7sonnel (see § '.1401-12), add the follow-ing paragraph (c) to the above clause.

(c) Individual laundry bundle deliverytickets shall be provided by the Contractoras specified In the claue entitled "IndividualLaundry" of the General Proviclons of thiscontract.

§ 7.1401-6 Los or damage.Loss on D _ros- (Aramr 190)

(a) The Contractor shall indemnify theGovernment for any property delivered tothe Contractor for servicing under ths con-tract which is lot, or which is danmoged and,in the opinion of the Contracting OMcer.cannot be repaired satsfactorily. In either ofthese events, the Contractor shall pay to theGovernment the value thereof in accordancewith Federal Supply CLL-'- price ILat3. If theproperty is not on theso price ista, the Con-tracting Officer rhall determine a fair andjust price. Credit shall be allowed for anydepreciation in the value of the property atthe time of lon or damage, and the partfehereto shall determine the amount of theallowable credit. If the partles fail to agreeupon the value property, or fall to agreeon the amount of credit due, the dLputeshall be determined as provided in the clausehereof entitled 'Disputs."

10171

(b) In case of damage to any propertywhich the Contractinz OMcer and the Con-tractor a-ee can be cadfactorily repaired.the Contractor chaU repair the property atila expena in a manner satiofactory to theContracting Oficar.

§ 7.1401-7 Storage and handling.

SMUC:aAND~r H5MDmnW (Arm=r 1967)During the time Government-owned prop-

erty i, In the pocssasson of the Contractor,It ohal be adequately ztored and protected.When contaminated hcpital linen is fur-nLnhed for servica under thia contract, it shalbe handled separately from other articIez.

§ 7.1401-8 Vehicles.VacLMe (Ar. 1067)

Vehiclca u ed in the tran-powtaton oritems called for in this contract shall beclean. clo-d, confora to commercial stand-arda. and equlpped to protect against con-taninaton of the item. Such vehicles nllbe subject to examination at all times by theContracting OfIcer or his authorized repze-sentative.

§ 7.1401-9 Requirements or indefinitequantity.

Insert the Requirements clause in§ 7.1102-2(a), or the Indefinite Quantityclause In § 7.1102-3(b), as appropriate.§ 7.1401-10 Ordering.

In accordance with the requirementsof § .1101-1. Insert the clauses set forththerein.

§ 7.1401-11 Special definitions of Gov-ernment property.

SFZCLIL D='nvOss3 or GoV=,.nsrPsormn (AraxL 107)

(a) The term "Government-furnsl-eedproperty." a usd in thia contract, meanzany supplies or facliltie furnished to theContractor by the Government for use inconnection with the performance of thiscontract but docs not include the articlesdelivered to the Contractor to be launderedor dry cleaned.

(b) The term "Gov-rment-ovned prop-erty," an used in thin contract, mans all ofthe articles delivered to the Contractor tobe laundered or dry cleaned, expresly in-cluding any artlcle3 which may actually beowned by ndividual Government personnel.

§ 7.1401-12 Individual laundry.The clause set forth below shall be in-

serted in any contracts which, pursuantto Departmental authority, provide forlaundry service to individual personnel.

zvx-usy. L urnay (Apnr 1067)

(a) The Contractor shall provide laundryservice on both a unit bundle and on a p!-ce-rate bundle baLs for ndividual parsonnelwhen required by this contract. The totalnumber of pieces listed in the column "-st-mated Quantity" in the Sehedule is the est-mated amount of individual laundry for thiscontract, but does not constitute any repre-contatlon as to the amount of Individuallaundry to b3 required. Individual may cleetwhether they chall patronize the laundrycervice. Ssrlces covered by this psovisanshall be on a weekly basis and the zchedulefor pickup and delivery shall be aa speciedelsewhere in this contract. Charges for n-dIvIdual laundry shall be on a per unit bundleor a plece-rate baLis Indicated on the form,to be furnmLhed by the Contractor, ace-Om-panying the bundle at time of piclup.



(b) The maximum number of pieces to beallowed per bundle Is as specified in theSchedule and as follows: I

(1) Bundle consisting of twenty-six (28)pieces including laundry bag. This bundleshall contain approximately ---- pieces ofouter garments which are to be starched andpressed. Outer garments shall include butnot be limited to cotton shirts, trousers,jackets, dresses, coats.

(it) Bundle consisting of thirteen (13)pieces including laundry bag. This bundleshall contain approximately ---- pieces ofouter garments which are to be starched andpressed. Outer garments shall include butnot be limited to cotton shirts, trousers,jackets, dresses, coats.

(c) Individual laundry bundles shall beaccompanied by forms listing the items con-tained therein, prepared by the patrons con-cerned. Porms on individual laundry bundlesshall clearly identify unit bundle or piece-rate bundle as applicable when both servicesare provided by this contract.

Subpart O-Clauses for Contracts forRental of Motor Vehicles

se.07.15007.15017.1501-7.101-27.1501-4

7.1501-47.1501-67.1501-87.15027.1503

Scope of subpart.Required clauses.Rental payments.Condition of the rented property.Responsibility for damage or

injury.Insurance/LMability.Marking of vehicles.Other required clauses.Clauses to be used when applicable.Additional clauses.

Amomnrry: The provisions of this Subpart0 Issued under sec. 2202, 70A Stat. 120; 10U.S.C. 2202. Interpret or apply sees. 2301-2814, 70A Stat. 127-133; 10 U.S.C. 2301-2314.


This subpart sets forth uniform con-tract clauses for the rental of motor ve-hicles as described in § 22.800 of thischapter.§ 7.1501 Required clauses.

The following clauses shall be InsertedIn all contracts for the rental of motorvehicles.

§ 7.1501-1 Rental payments.

RIXrAL PAYw rs (APrL 1967)

(a) The Government shall pay rent forthe property at the rate(s) specified in thiscontract upon the submission of proper in-voices and vouchers. Rental charges shall ac-crue with'the commencement of the term ofthis contract, or from the date that theproperty is delivered to the Government,whichever Is later, and shall continue untilthe expiration of the term or the termina-tion of this agreement: Provided, That rentalshall accrue only for the period that the prop-erty is in the possession of the Government.No rent shall accrue with respect toany property furnished by the Contractorwhich the Contracting Officer determines isnot in accordance with the standards pre-scribed by the clause of this contract en-titled "Condition of the Rented Property," oris not otherwise in accordance with the re-quirements of this contract, until the prop-erty Is replaced or the defects corrected. Fur-thermore, no rent shall accrue with respectto any property during any period when theproperty Is unavailable or unusable as a re-

I The number of pieces and the composi-tion of a bundle may be revised by the con-tracting officer prior to advertising to meetlocal conditions.

suit of a failure by the Contractor to renderservices in connection with the operation andmaintenance of the property as prescribed bythis contract.

(b) Rental charges stated In monthlyterms shall be prorated on the basis of %oof the monthly rental for each day the ve-hicle Is In the Government's possession.Where the contract contains a mileage pro-vision, rental charges shall be paid as In-dicated in the Schedule.

§ 7.1501-2 Condition of the rentedproperty.

0ourerox or Tna Rxmi Puom = (Avai1967)

Each item of property furnished underthis contract shall be of good quality and inoperating condition: Provided, however thatthe Government "shall accept or reject theproperty promptly after receipt. If the Con-tracting Officer determines that any item ofproperty furnished Is not in compliance withthe terms of this contract, he shall informthe Contractor promptly in writing. If theContractor falls to replace the property orcorrect the defects in accordance with thedetermination of the Contracting Officer, theGovernment may (I) by-contract or otherwisecorrect the defect or arrange for a rental ofsimilar property and shall charge or set offagainst the Contractor the excess costs oc-casioned thereby; or (11) terminate the con-tract for default as provided in the "Default"clause of this contract.

§ 7.1501-3 Responsibility for damage orinjury.

Rn.spoNsmnxr Fos DAMAGK oR INJURY (APRL1967)

The Government shall not be responsiblefor damage to the property of the Contrac-tor or others, or for injuries to any person,arising from or incident to (I) the defectiveor unsafe condition of the property (unlessdue to the fault or negligence of the Gov-ernment, its agents, or its employees), (ii)the defective or improper maintenance orrepair of the property by the ontractor(when maintenance or repair is required bythis contract), or (III) the negligent opera-tion of the property by the Contractor, hisagents, employees, or servants; and the Con-tractor shall save harmless and indemnifythe Government from any and all claimsarising therefrom.

§ 7.1501-4 Insurance/Liability.

Ixsunasc/LvxIT (Aran 1967)

(a) The Government shall be responsiblefor damage to vehicles hired caused by itsfault or negligence (or that of its driver)amounting to no more than $100 but shallnot be liable for any loss or damage to anyvehicle hired in an amount greater than$100. The Contractor shall be liable and willindemnify and hold harmless the Govern-ment and its agencies and employees againstall actions or claims by reason of damage orinjury (including death) arising or resultingfrom the fault, negligence, wrongful act, orwrongful omission of the Contractor.

(b) At his expense, the Contractor shallprocure and maintain policies of bodily in-Jury liability and property damage liabilityinsurance underthis contract in amountsnot less than the following:

Type Minimum amountAutomobile liability ---- $100,000/$300,000Property damage -------- $10,000

§ 7.1501-5 Marking of vehicles.MARKING OF VzmcLEs (ApRIL 1967)

(a) The Government shall be permittedto place upon front and rear bumpers non-permanent markings as may be required to

identify a vehicle as to the using agency oractivity.

(b) Placards may be used for temporaryIdentification of vehicles provided they con-tain no reference to the Contractor whichmay be construed as advertising or endorse-ment by the Government of the Contractor.

(c) The Government may place an Identi-fication decal on each side of each vehicle.Decals will be of a type which can be re-moved without damage to the vehicle.

§ 7.1501-6 Oiler required clausem.

Insert the clauses prescribed by§ 7.103, except for the clauses entitled:

Variation in quantity;Inkpection;Responsibility for supplies;Payments;Walsh-Healey Public Contracts Act.

§ 7.1502 Clauses to be used when ap.

plicable.

Insert the appropriate clauses pre-scribed by 1 7.104.§ 7.1503 Additional clauses.

Insert the clauses prescribed by i 7.105when It Is desired to cover the subjectmatter thereof In the contract.

PART 9-PATENTS, DATA, ANDCOPYRIGHTS

18. Paragraph (b) in 1 9.109-3 is re-vised, as follows:

§ 9.109-3 Maintenance and use of rec-ords of performance.

(b) Where a contract is subject to thecontractor performance evaluation pro-gram ( 4.117 of this chapter), the pro-curing activity shall report to the projectmanager any significant or repeated fail-ure to comply with the patent rightclause. The project manager shall note inthe contract or performance evaluationreports any such Information which hehas received relating to the contractor'smeeting his obligations under the "re-quired clauses."

§ 9.202-3 [Amended]

19. In 1 9.202-3(e), the reference"4.205-1" Is changed to read "4.106-.".

PART 10-BONDS, INSURANCE, ANDINDEMNIFICATION

-20. Paragraph (a) in § 10.112 Is revisedto read as follows:§ 10.112 Execution and adminisirailon

of bonds and consents of surety.

(a) Execution. Several prescribedforms for bonds and related documentsare listed in 1 16.805 of this chapter.Bonds and related documents executedon such forms shall comply with the In-structions accompanying each form.The IFE or RFP may provide for execu-tion and submission of more than onecopy if desired. When required by In-struction Number 2 of the standardbond forms, the evidence of authority ofa principal's representatives shall be aduly executed power of attorney recitingthat the individual executing the bond orconsent of surety is authorized to do so.


10172


Acorporation, in lieu of such power of at-torney, may submit a "Certificate as toCorporate Principal" in the format pre-scribed In paragraph (c) of this section.

PART 13-GOVERNMENT PROPERTY21. New § 13.106 is added, and In

J 13.702, the Introductory text of para-graph (a) is revised, paragraph (b) isredesignated as paragraph c) and anew paragraph (b) is added, as follows:

§ 13.106 Furnishing motor vehicles toGovernment contractors.

(a) For all major Department of De-fense projects in which substantialnumbers of motor vehicles, as describedin § 22.800 of this chapter, will be re-quired for use by contractor personnel,a determination shall be made as earlyas possible in the program effort as to thefeasibility of providing the vehicles asGovernment furnished equipment. Un-less there are substantial reasons to thecontrary, the vehicles shall be so pro-vided when the following conditions aremet:

(1) The Government contract willbear the entire cost of the vehicleprogram,

(2) The prospective contractors do nothave, or would not be expected to have,an existing and continuing capability forproviding the vehicles necessary to per-form the contract from their ownresources;

(3) The number of vehicles requiredin the performance of the contract ispredictable with a reasonable degree ofaccuracy and is expected to remain fairlyconstant over a period of 1 year or more;and

(4) Substantial savings can be ex-pected.

(b) The required vehicles shall not beprovided by the Government when theywill be used to support the normal andcontinuing operation of a contractor inthe performance of defense contracts.-generally (or with a mix of use in com-mercial activities) and the cost thereofwould be distributed in overhead amongunrelated contracts or partially allocatedto commercial use.

(c) All Government furnished vehicleswill be identified as contractor-operatedvehicles, to distinguish them from ve-hicles operated by components of theDepartment of Defense, as prescribed insection VI of the Joint Procedures forManagement of Administrative UseMotor Vehicles (AR 58-1; OPNAVP44-2; AFIV 77-1; MCO P11240.46;DSAR 4510.5).§ 13.702 Government property clause

for fixed-price contracts.(a) Except as provided in paragraph

(c) of this section, the following clauseshall be used in fixed-price contracts andshort form contracts (except contractsfor experimental, developmental, or re-search work with educational or non-profit institutions, where no profit to thecontractor is contemplated) under whicha Department is to furnish to the con-tractor, or the contractor is to acquire,

Government propertion cost of more t

(b) 'When usedinsert the words 'the words "Goverment-furnished" vin the clause in Psection, and subsparagraphs (d) anparagraph (a) of t

(d) Propertyj Admtractor shall complythe ' Manual for CProperty in PoealopendLx B, Armed Servlation) as in effect otract, which Manualby reference and mad

(k) CommuncatoIssued purmant towriting.

(a) * * *

§ 13.706 (Amendc22. In § 13.706(

"4.214-4(d)" is cha4(d) ".

§ 13.707 [Amendc

23. In § 13.707("4.214-4(d)" is cha4(d)".

24. In § 13.710, thIgnated as paragrparagraph (b) is ai

§ 13.710 Governmerty clause for

(b) 'When used hinsert the words "Uthe words "Government-furnished" whthe clause in Parsection.

PART 16-PROC

25. Sections 16.216.807 are revised ai16.815 are added, as

§ 16.206-1 Genera

(a) DD Forms633-3. and 633-4 aresion of cost or pricincontractors. Contrathese forms is auth

(b) DD Formsport), is approved foschedule required bForm 633 and footb633-3 and 633-4.

§ 16.206-3 DD Fo633-3, and 633.

The following foappropriate:

(a) DD Form 63ing Proposal (Tech

(b) DD Form 63ing Proposal (Techi

(c) DD Form 63-ing Proposal (Mot

(d) DD Form 63Ing Proposal (Resement)).

'ty having an acquli- § 16.807 Document control data-R&DIan $25,000. (DD Form 1473).a 0 This form sham be used in connection

n overseas contract-, with scientific and technical reports un-United States" before der research and development contractsament" or "Govern- pursuant to § 4.113 of this chapter.,herever they appear § 16.814 Records of contract actions.ararph (a) of thistitute the following Contract Crozs Reference Data (DDI (k) in the clauze in Form 1592) shall be used in connectionhis section. with the maintenance of contract cross

reference/locator systems as prezcribed.inistration. The Con- in Supplement 2, Part 2. Contract Ad-with the proviJ on ofontrol of Government -fnf trtion completion Record ODa of Contractora" (Ap- Form 1593). Contract Completion State-Icc3 Procurement cau- ment (DD Form 1594), and Contracta the date of the con- Clo-eout Check List (DD Form 1597)Is hereby Incorporated shall be uced to assure completion of alo a part of thLs contract, required actions prior to closeout ofns. AU communications contract files in accordance with Sup-thlz clauce thril be in plement 2, Part 3.

§ 16.815 Contract data requirementslist (DD Form 1423).

d] (a) DD Form 1423 provides in oneb), the reference place in the contract a list of all datanmed to read "4.11G- required to be delivered under the con-

tract, and obtain. from the contractor4l (and from al bidders and offerors) an

estimate of whnt portion of the total priceb), the reference is attributable to the production or de-nged to read "4.110- velopment of the listed data (not to the

sale of rights In the data). Use of DDSexisting text is des- Form 1423 also helps achieve the follow-

iph (a) and a new ing objectives of the department of De-dded, as follows: fence with repect to the acquisition of

data:ent-furhished Prop- (1) To acquire most economically theshort form contracts, minimum amount of data needed to pro-* * * cure and support military systems, ma-

a overseas contract, teriel, and cervices.Jnited States" before (2) To asure the acquisition of re-iment"' or "Govern- quired data on time to serve its intendederever they appear in purpo-s.agmph (a) of this (3) To etablish data requirements on

the basis of needs in management, engi-neering, and loaistics functions of the1OD; and to fulfill these needs on theUREMENT FORMS basis of cost-effectivenezs analyses.

00-1, 16.20C-3. and (4) To specify data requirements innd new §§ 10.814 and solicitations for bids or proposals in

follows: sulicient detail to provide a basis for afull, clear, and firm understanding he-

ll. tween the Government and the con-633, 633-1, 033-2, tractor with respect to the total datadesi ned for submis- requirements at the time the contract Isz data by prospective placed. This requirement may be satisfiedctor reproduction of by a contractual provision for the rightorlzed, to defer the selection, ordering, or de-

783 (Royalty Re- livery of technical data specified in theor use as the separate contract.y footnote 14 of DD (5) To provide competent administra_note 4 of DD Forms tion of contracts requiring the furnish-

Ing of data, and assure that all con-tract provisions pertaining to data are

irms 633-1, 633-2, fully satisfied.-4. (6) To maintain quality assuranceins may be used as procedures in the acquisition of data to

asure the adequacy of the data for its3-1 (Contract Pric- intended purpose.nical Services)); (7) To provide for the continued cur-3-2 (Contract Prlc- rency of acquired data in consonance

eal Publications)); with requirements.3-3 (Contract PrIc- (8-ion Pictures)); or 8 To prevent the acquisition of dup-3-4 (Contract Pric- licate or over-lapping data pertaining toarch and Develop- materiel, systems, or services when data

which would cerve the same end has

FEDERAL REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967No. 132---4

10173


been or is being acquired by the Gov-ernment from the same or other con-tractor.

(b) DD Form 1423 or its mechanizedequivalent shall be used whenever dataIs required to be delivered under a con-tract, and shall constitute the sole con-tractual list of requirements for theamounts and kinds of data required.When DD Form 1423 is used it will becompleted and furnished to the contract-ing officer by the personnel responsiblefor determining the data requirements ofthe contract. The reverse side of the formcontains instructions for the bidders orofferors to follow in entering on the formthe price group and estimated price foreach item of data.

PART 18-PROCUREMENT OF CON-STRUCTION AND CONTRACTINGFOR ARCHITECT-ENGINEER SERV-ICES26. New i§ 18.117, 18.117-1, 18.117-2,

and 18.117-3 are added and paragraph(a) of 1 18.903-3 Is revised, as follows:§ 18.117 Performance evaluation of con-

struction contractors.Performance evaluations of construc-

tion contractors shall be made and dis-tributed in accordance with the follow-ing procedures and shall be used in mak-ing contractor responsibility determina-tions. (See § 1.900 and 18.106 of thischapter.§ 18.117-1 Preparation of performance

reports.(a) For each construction contract of

$10,000 or more, a performance evalua-tion report shall be prepared, by thecognizant construction activity, at thetime of final acceptance of the work,utilizing DD Form 1596, "ConstructionContractor Performance Evaluation Re-port."

(b) Performance evaluation reportswill also be prepared, at the time oftermination, for every construction con-tract over $2,000 that is terminated fordefault and for every construction con-tract of $100,000 or more that is termi-nated for the convenience of the Gov-ernment.

(c) The head of each procuring ac-tivity that awards construction contractsshall establish procedures within hiscommand to assure that fully qualifiedpersonnel prepare and review these re-ports. Normally, the evaluating officialshould be the officer or civilian who isresponsible for supervising the work. Thereviewing official should have knowledgeof the contractor's performance andnormally will be an officer or civilian ata higher organizational level than theevaluating official.

(d) Prior to forwarding an overall un-satisfactory performance report, theevaluating or reviewing official will advisea responsible official of the contractor'sorganization that an unsatisfactory re-port is being prepared and the facts onwhich it is based. Any written commentsmade by the contractor shall be in-cluded in the report and mistakes of fact

alleged shall be resolved and made apart of the report.§ 18.117-2 Distribution of performance

reports.(a) The original of the performance

evaluation report for every contract willbe retained by the activity preparing thereport for a minimum of 6 years afterdate of the report. In addition, the re-viewing official will forward a copy ofthe following reports to the offices listedin paragraph (b) of this section:

(1) Reports with an overall unsatis-factory evaluation,

(2) Reports which cite outstandingperformance, and

(3) Reports for all contracts in ex-cess of $200,000.

(b) Offices to which reports are to beforwarded are as follows:

(1) Office of the Chief of Engineers, At-tention: ENGMC-KC, Building T-7, Wash-ington, D.C. 20315.

(2) Contractor Liaison Office, Naval Fa-cilities Engineering Command, Yards andDocks Annex. Washington, D.C. 20390.

(3) Director of Procurement Policy(USAP), Contract Management Division,The Pentagon, Washington, D.C. 20330.

(c) The heads of the activities indi-cated above are responsible for establish-ing procedures and practices which willassure appropriate distribution and utili-zation of performance evaluation datawithin their respective Departments.§ 18.117-3 Utilization of performance

reports.

In the selection of fully qualified re-sponsible contractors for future awardsor negotiations of construction contractsabove $100,000, the contracting officershall obtain from one of the three cen-tral data banks listed in § 18.117-2 thefollowing:

(a) A complete transcript of the per-formance evaluation of the contractor,or

(b) A statement that there Is no recordon file.This transcript or statement may be ob-tained for smaller awards if it is estab-lished that they are relevant.

personnel office must maintain certainrecords on individual experts and con-sultants who render personal services.Therefore, the contracting officer shalleffect necessary coordination with thecognizant civilian personnel office beforeaward of a contract for personel services,and may also designate the appropriatecivilian personnel officer as his repre-sentative for the purpose of administer-ing contract provisions relating to bene-fits, obtaining necessary data from thecontractor for tax withholding purposes,and administering applicable conflict ofinterest provisions.

Subpart F-Contracts for Preparationof Household Goods for Shipment,Government Storage and Intracityor Intraarea Movement

Sec.22.60122.601-122.601-222.601-322.60222.602-122.602-222.60322.603-122.603-222.603-322.603-422.603-522.603-6

22.603-722.603-822.603-922.603-1022.603-1122.603-1222.603-1322.603-1422.603-1522.603-16

22.603-1722.603-1822.603-1922.603-2022.603-2122.603-22

22.603-2322.603-24

Policy.Annual contracts.Zones of performance.Invitations for bids.Procedure.Coordination.Procurement by purchase order.Contract provisions.Scope of contract.Period of contract.Indefinite quantities.Government ordering activities,Contract zones.Government's estimated require-

ments.Iteserved.Award.Bidder's facilities and equipment,Schedules of Items.Performance,Time requirements.Permits and licenses.Demurrage.Vans.Disposition of packing materlals

and containers.Drayage.Interim storage.Liability,Shipments.Erroneous shipments.Marking and weighing lnstruc-

tions.Weight certificates.Inventory of damaged material

AuTrnoRrry: The provisions of this Subpart§ 18.903-3 Patent indemnity'clause in F issued under sec. 2202, 70A Stat, 120; 10construction contracts. U.S.C. 2202. Interpret or apply sees, 2301-

(a) Except where complete perform- 2314, 70A Stat. 127-133; 10 U.S.C. 2301-2314.ance is to be accomplished outside the § 22.601 Policy.United States, its possessions, and Puerto 22.601-1 Annual contracts.Rico, all contracts in excess of $10,000calling for "construction" as defined in Contracts for the preparation of house-§ 18.101-1 shall contain the clause in hold goods for shipment, storage In a1 7.602-16 of this chapter (see Standard Government facility, and Intraclty orForm 23-A). intraarea movement normally shall be

, , . , formally advertised. Such contracts shallbe for a calendar year or part thereofending on December 31, except for non-

PART 22-SERVICE CONTRACTS continuous requirements for shorter27. Section 22.207-5 is revised, and periods.

new Subparts F, G, and H are added, as § 22.601-2 Zones of performance.follows:

The estimated requirements for all§ 22.207-5 Administrative treatment. activities within an area shall be In-

Individual experts or consultants who cluded in one solicitation. The solicita.are to render personal services under tion shall provide for clearly definedcontract are charged against personnel zones of performance. Determination asceilings in the same way as experts and to the number of zones and boundariesconsultants employed by excepted ap- thereof shall take into considerationpointment. Also, the cognizant civilian such matters as total volume, size of


10174


overall area included in the solicitation,and capacity of prospective bidders.

§ 22.601-3 Invitations for Lids.

Bids for preparation of householdgoods for shipment, storage, and intra-city or intraarea movement, shall besolicited as provided in § 2.201 of thischapter. Invitations for bids shall includesuch general provis~ons and conditionsas are required by law and by this sub-chapter. The clause prescribed by § 13.702(a) of this chapter shall be included inthe Schedule.

§ 22.602 Procedure.

§ 22.602-1 Coordination.

One military activity in each geo-graphic area shall contract for the esti-mated requirements of all the activitiesin that area. An activity shell be desig-nated by mutual agreement of the In-stallation contracting officers concerned.The Military Traffic Management andTerminal Service (AIMTS) shall desig-nate the contracting nctivity 'when localcontracting officers are unable to reachan agreement as to the activity to bedesignated.

§22.602-2 Procurement by purchaseorder.

When requirements exceed the serviceavailable under contracts, services maybe obtained by using purchase order pro-cedures (see Subpart F, Part 3 of thischapter), using this subpart as guid-ance. Recooperage and remarking serv-ices shall be procured under such proce-dure.

§ 22.603 Contract provisions.

The following special clauses andSchedules shall be inserted in all invita-tions for bids for formally advertisedcontracts for the preparation of house-hold goods for shipment, storage, andintracity or intraarea movement. Wherea requirement does not exist for an itemIn a schedule, it will be so Indicated inthe Estimated Quantity block. Com-mands overseas, except Alaska andHawaii, may modify the format 'vhennecessary to conform -with local tradecustoms and practices and country (in-cluding political subdivisions thereof)laws and regulations.

§ 22.603-1 Scope of contract.

ScoPs or CoNTAcr (OcroBar 1965)

The Contractor shall furnish services andmaterials for the preparation of householdgoods and unaccompanied baggage for ship-ment, servicing of appliances, storage, dray-age, and related services, including the fur-nshing of all materials except shipping con-tainers, unless otherwise directed by theContracting OAcer. Unless otherwise indi-cated in this contract, the Contractor shallfurnish all equipment, plant, labor, and per-formance of all work in accomplishing con-tainerization (packing and crating) ofhousehold goods for overseas or domesticshipment or storage; restenciling; recooper-age; drayage of household goods and un-accompanied baggage in connection with orwithout other services; and decontaineriza-tion (unpacking and uncrating) of Inboundshipments of household goods.

§ 22.603-2 Period of contract.Pmtoo or Coznacr (Apam 1907)

This contract shall begin January 1. 19-.or the date of award If later, and shall endDecember 31, 19--, both dates inclu-ivo: Pro-vidc, However, that any work started be-fore, and not completed by. the expLratlonof this contract period shall be governed bythe terms of this contract.

§ 22.603-3 Indefinite quantities.I-mErnnr Qurz=rms (Apna 19)

The quantitie- rpeclfled herein ero est-mates only. The amounts which the Con-tractor may be required to furnlznh and theGovernment to accept hereunder rhall bethe amounts which shall from time to timebe ordered hereunder by the Governmentduring the ordering period of this contract.The minimum amount of -ervices whlch theGovernment shal order during the pcrlodof this contract shall be Z100. computed uponthe unit prices specified herein; howover, theGovernment shall be entitled to order andthe Contractor shall be required to furnLhservices hereunder amounting to not morethan the total estimated quantities cet forthin his contract.

§ 22.603-4 Government ordering ac-tivities.

Govzs a=;T Oammm Acrv= 3 (Ocro=ra

The following actlvitles are authorzead toissue orders under this contract and to ad-minister the performance thereof:

(Insert the name of each ordcring activity.)

§ 22.603-5 Contractzones.

CoNcr Zoxz= (ArniL 197)

Services sball be performed within limitsof the zone(s) defined as follows: Le. ZoneI (define geographical boundarles); (Addother zones as needed).

§ 22.603-6 Government's estimated re-quirements

GOVMN=SNT'S EsvrsATEDzauzr(Apnr 1067)

(a) The quantities shown by zone for eachItem In this Invitation for Bids are the Gov-ernment's estimates of requirements whlchmay be ordered during the period of the con-tract. Bids shall be evaluated on the bs.isof these quantities. Because zeaonal de-mands will cause large fluctuations In dailyrequirements, the Government's ctimateddaily maximum requirements ret forth in(c) below shall be used to determine theneed for award of standby contracts.

(b) Since various contract iteams are inter-related to the extent that performance underone item will affect total capability to per-form similar items, the Government's cti-mated daily maximum requirement-, and theBidder's guaranteed dally capability, arestated In terms of all outbound Items, all In-bound items, all ntraclty/intraarea Items,and the aggregate of all items.

(c) The Government's ctimated maxi-mum daily requirements, excluding Satur-days. Sundays, and Federal Holidays are asfollows:

Outbound (Schedule I) ---- - - .Inbound (Schedule I) ---- ----... l-b.Intracity/area (Schedule III) --------- b-.

Total EStimated MaXImumDaily nequircments ---------.. lbs.

§ 22.603-7 [Reserved]§ 22.603-8 Award.

Aware (Ocrosra 1005)

Subject to the provIsions contained herein.award generally shall be made to a ainGlo

Bidder for all the items, for one or rozezone. in the Invitation for Bide; howaver.the Government rcca-rvr the ri3ht to awardon the b'l of a -hedule of items, for oneor =earo zone. whichever is to the advan-tage of the Government. Bidder munt o.crunit prices for cach itcm l-sted. for one ormore -ones. in order that bid-s may be prop-erly cvalutel. Failure to do co thall becSuzo for rejection of the entire bid. A 2.bldders failing to guarantee daily capabilitiesin the space provided in this Invtatlion forBids rhall b3 conidered not r-sponzsve endineligible for ard. The Goverment re-carves the right to avward zecondary con-tracts as -tandby contracts at the unit pricesolfcrcd unless3 the Bidder cp-ciffcs otherwisezIn its bid. Any bld which stipulates mini-mum cbarges or graduated prices for anyor all ite shall be rejected.

§ 22.603-9 Bidder's facilities and equip-ment.

Bzvasa's PAcnxrnS amm1 u- ;(APSI 198'7)

(a) As the minimum standard for quali-flcatlon of a Contractor's =arehouze, it musthave either (1) an acceptable autonatisprinkler system; (U) an acceptable auto-matic firo detection end reporting systemor (ill) a fire contents rato (FCr.) of natmore than M9C per one hundred dolars(0100) per year b2s-d on eighty percent( 0T) coinsurance factors. (Meeting of thLmnImum standard does not relieve Contrac-tor of liability cot forth in pare. 22-a,3.19.)

(b) The following Information shall befurnished by the Contractor upon receipt ofavard:

(1) Ervicncc of the JoZo,,_-ng ,inda ardmninimum arrounft of insurancc corcringTZOr: hCrcfn to bc ",rformed by Contractorand his "ubcontractors. The Contractor andubcontractors shall maintain minimum

coverage throughout the contract period.E2ch policy shall contain an Lndoresmentthat cancellation or material change in thepolicy shall not be effective until after a SO-day written notice Is furnished to the Con-tracting OMcer.(1) Worlmnen' Compensation Insuan ce

(U) Comprehensive General LiabilityInsurance --------

(111) Automobilo Liability Insurance

(2) Evidence as to compliance with cargoInsurance required of common carrier, byState lawo., Intsrstato Commerce Commissionor rLulatory b:dy of the nation or theCountry in which the contract is being per-formed.

§ 22.603-10 Schedules of items.

ScnMorzn IO Ur'LD ..----vz

It=m 1. CoMPLetC Srrf-OUtbournd. Serv-lea under this Item shall include premoveurvy. rcrvlclng of appliance3. dIs=mbly of

furniture If re ired. preliminary packing,Inventorying. tagging, ;wrapping, pzddin,packing, and bracing of gods in Govern-mnt-o-aed and furni- d shpping con-tainers, Type XI or Type III (Type flI for Go-ernment ritrsge only), desnrbed in FederalSpcclications PPP __ 5z9 _ aowner's reaidence and proparly cs--uring andreelIng for -hipmaent, viZhng, marLing,strapping, end drayage of loaded. containerbet.e-n owner's reidence and Contractoreafacility within zone(s) dese-ibed herein.Sevice provIded under thls Item shall includeloading (to Include blocking, bracing andrealing) of shipments on line-haul carrier'sequipment; temorary holding (interimlste:-age) of the shipment at the Contractor'-sfacility for not more than ten (10) days aftercompletion of contalnerlzation service; the


10175


receiving, stacking, protecting, and assem-bling of Government-furnished shipping con-tainers to be used In conjunction with serviceunder this Item. When Type II or M con-tainers will not accommodate all articles ofany one lot, loose articles shall be packed Inthe said containers before any overpackedarticles are placed therein. Overflow articleswhich require packing and crating shall bepaid for under Item 11.

Zone ---- (Provide for additional zones asneeded.)

Estimated quantity ---- lbs.Unit price per gross cwt. $ ------ Total

amount $ .----Contractor's guaranteed daily capability

- l---- lbs.

Item 2. Complete Service-Outbound.Service provided under this item shall be thesame as under Item 1, except that drayage ofthe loaded container(s) between Contractor'sfacility and the military installation shippingomce, common carrier terminal, freight sta-tion, or team track within zone(s) describedherein is required. Packing and crating ofoverflow articles shall be paid for under Item12.


Estimated quantity - l---- lbs.Unit price per gross cwt. $ ------ Total

amount $ ------Contractor's guaranteed daily capability

- l---- lbs.

Item 8. Outbound (From NontrmporaryStorage). Service provided under this itemshall be the same as Item 1 except that: (I)Household goods shall be picked up at a non-temporary storage facility and transportedto Contractor's facility; or (il) householdgoods shall be delivered to Contractor's fa-cility; and (ill) premove survey, servicing ofappliances, preliminary packing, and acces-sorial services shall not be provided.

(a) Pickup by Contractor:



amount $ -----Contractor's guaranteed daily capability

- l---- lbs.

(b) Delivered to Contractor:


Estimated quantity - l---- Ibs.Unit price per gross cwt. $ ------ Total

amount --------Contractor's guaranteed daily capability

-l-- Ibs.

Item 4. Outbound (From NontemporaryStorage). Service provided under this itemshall be the same as that provided under Item8 except that drayage of loaded containers be-tween Contractor's facility, military Installa-tion shipping office, and the common carrierterminal, team track, or freight station withinzone(s) described herein is required.




amount * -----Contractor's guaranteed daily capability

------ lbs.



Estimated quantity ---- lbs.Unit price per gross cwt. $ ---- Total

amount --------

Contractor's guaranteed daily capability-l---- Ibs.

Item 5. Complete Service-Outbound--(Contractor's Facility). Service provided un-der this Item shall be the same as underItem 1 except that final containerizationshall be performed at the Contractor's facilityupon approval of the Contracting Officer.


Estimated quantity - lbs.Unit price per gross cwt. $ ---- Total

amounts $ .----Contractor's guaranteed daily capability

-l---- Ibs.

Item 6. Complete Service-Outbound-(Contractor's Facility). Service provided un-der this item shall be the same as underItem 2 except that final containerizationshall be performed at the Contractor's facilityupon approval of the Contracting Officer.


Estimated quantity ---- lbs.Unit price per gross cwt. $ .--- Total


----lbs.Item 7. Complete Service-Outbound-

(CONEX Containers). Service provided underthis Item shall be the same as under Item 1or Item 5 as appropriate except that the Con-tractor shall utilize Government-furnishedmetal shipping containers (CONEX). Thisservice includes pickup and drayage of emptycontainers to and from Government facility.Zone ---- (Provide for additional zones as

appropriate.)

(a) At Owner's Residence:

Estimated quantity - l---- Ibs.Unit price per gross cwt. $ ---- Total


-l---- Ibs.

(b) At Contractor's Facility:



-l---- Ibs.

Item 8. Complete Service-Outbound(CONEX Containers). Service provided underthis item shall be the same as under Item 2or Item 6 as appropriate except that Con-tractor shall utilize Government-furnishedmetal shipping containers (CONEX). Thisservice includes pickup and drayage of emptycontainers to and from Government facility.


(a) At Owner's Residence:



-l---- lbs.

(b) At Contractor's Facility:

Estimated quantity - l---- Ibs.Unit price per gross cwt. $ ---- -Total


------ lbs.

Item 9. Outbound Service (CONEX Con-tainers) at Contractor's Facility. The serviceprovided under this item shall be the sameas under Item 3 except that household goodsshall be packed in CONEX Type I or II con-tainers or both. This service includes pickupand drayage of empty containers to and fromGovernment facility.



Estimated quantity ---- lbs.Unit price per gross wt. * ...... Total

amount $ ----Contractor's guaranteed daily capability

-l---- Ibs.


Estimated quantity ---- lbs.Unit price per gross cwt, * ...... Total


-l---- Ibs.Item 10. Outbound Service (CONEX Con-

tainers) at Contractor's Facility. The serviceprovided under this item shall be the sameas under Item 4 except that household goodsshall be packed in CONEX Type I or II con-tainers or both. This service includes pickupand drayage of empty containers to and fromGovernment facility.



Estimated quantity ---- lbs,Unit price per gross cwt. -...... Total

amount$ .----Contractor's guaranteed daily capability

------ lbs.


Estimated quantity - l---- Ibs.Unit price per gross awt. ------- Total

amount $- ------Contractor's guaranteed daily capability

------ lbs.

Item 11. Complete Service-Outbouncl-(Small Lot Shipments o/ 700 Net Lbs. or Leq.%,Overflow Articles or Shipments RequiringOther Than Type 1H or IZ Containers). Serv-ice provided under this Item shall be the sameas Item 1 except that the loose articles maybe drayed to Contractor's facility when au-thorized by the Contracting Officer forcontainerization in Government-approved,Contractor-furnished containers.


(a) Oversea Pack:

Estimated number of containers by type

Estimated quantity ---- lbs,Unit price per gross owt. .- Total

amount $ .----

(b) Domestic Pack:



amount $- ------

Item 12. Complete Service-Outbound-(Small Lot Shipment of 700 Net Pounds orLess, Overflow Articles or Shipments Requir-ing Other Than Type II or II1 Containers).Service provided under this Item shall be thesame as provided under Item 2.


(a) Oversea Pack:


Estimated quantity ---- lbs.Unit price per gross cwt. ------- Total


------ lbs.


10176

(b) Domestic Pack:


Estimaed quantity - l---- Ibs.Unit price per gross cwt. $.---- Total

a m o u n t $ . ... ..Contractor's guaranteed daily capability

------ lbs.

Item 13. Outbound (From NontempoTaryStorage-Contractor Furnished Containers--

Small Lot Shipments of 700 Net Lbs. or Less,Overflow Articles or Shipments RequiringOther Than Type II or Ill Containers). Serv-ice provided under this item shall be thesame as Item 3 except that containerizationshall be in Government-approved Contrac-tor-furnished containers.



(1) Oversea Pack:




- l---- Ibs.

(2) Domestic Pack:


Estated quantity ---- lbs.Unit price per gross cwt $ ---- Total

amount $ -------Contractor's guaranteed daily capability------ lbs.(b) Deliver to Contractor:


(1) Oversea Pack:


Estimated quantity ---- lbs.Unit price per gross cwt. $ ---- Total

amount $ -------Contractor's guaranteed daily capability

-.... .

(2) Domestic Pack:


E mated quantity - l---- lbs.Unit price per gross cwb. $ --- Total


------ lbs.

Item 14. Outbound Service (From Nontem-pora7y Storage-Contractor Furnished Con-tainers-Small Lot Shipments of 700 NetLbs. or Less, Overflow Articles and ShipmentsRequiring Other Than Type II or III Con-tainers). Service provided under this itemshall be the same as provided under Item 4except that containerization shall be inGovernment-approved Contractor-furnishedcontainers.



(1) Oversea Pack:

Estimated quantity ---- lbs.Unit price per gross cwt. $ ...... Total

amount $ -------Contractor's guaranteed daily capability

- l---- Ibs.

(2)" Domestic Pack:


amount $ -----


Contractor's guaranteed daily capabilit7----lbs.

(b) Delivery to Contractor:

Zone ---- (Provide for additional zones -sneeded.)

(1) Orcrsca Pac;:

Estimated quantity - l---- lbs.Unit price per gross cwt. ------- Total

amount $- ------Contractor's guaranteed daily capability

------ lbs.

(2) Domestic Pac:

Estimated quantity ---- lbs.Unit price per gro cwt.. 0 ...... Total

amount 0 .----Contractor's guaranteed daily capability

------ lbs.

Item 15. Containers. Under this item theContractor shall supply Typo If and Mrl con-tainers (Fed. Spec. PPP W0 ... )when directed by the Contracting Officer.This shall Include stenciling the taro weighttogether with the words "Property of U.S.Government" on one ride and one end of thecontainer.

Zone ---- (Provide for additional zones asappropriate.)

Estimated quantity-Type 3I .--- Unit price each 0 .----Type III ------ Unit price each $ .----

Total amount $ -------

Item 16. Packing of Goods of ExtraordinaryjValue. Service provldcd under this Item shallInclude furnishing the proper container bythe Contractor, inventorying (each Itcm ineach container), packing, marling, banding,weighing, and cubing at owner's residence.Drayage of packed container(s) la not re-quired under this Item.

Zone ---- *(Provide for additional zones asappropriate.)

Estimated quantity - ---- lbs.Unit price per gross cwt. 0 .--- Total


-l---- lbs.

Item 17. Complete Scrricc (Unaccomp~nfaBaggage). Service includes pickup. Inventory-Ing, weighing, strapping, marling and pack-Ing (when required) of unaccompanied bag-gage containers not exceeding 15 cubic feet.Unaccompanied baagga normally conltof footlockera, trunks, and imiar containeraand may Include owner-furnisrhed, occurlylocked canvas duifo bags or B-4 typo b:aGwhen articles therein are not susceptible tobreakage. Baggage may consist alco of cribs,baby carriages, collapaiblo play pon, andsimilar articles; It shall not Include articlesof furniture. Containers shall be constructedof a light-weight material which will giveadequate protection to Insure sao delivery.Service provided under thin Item chall in-clude, when necessary, drayage from ownor'sresidence to Contractor's facility and com-mon carrier's terminal, military Installationshipping office, or Interim storage.

Zone ---- (Provide for additional zone-,appropriate.)

Estimated quantity ---- lbs.Unit price per grozs cvt. C ------ Toal

amount $ -......Contractor's guarnteed daly capabilt

------ lbs.

Item 18. Unaccompanicd Baggage Pacl:edby Owner. Service under thin Item shsll pro-vide pickup, weighing, strapping. banding,and marking unaccompanied baggage do-scribed in Item 17 whIch has been packed byowner. Service provided under this Item thalinclude, when' necessary, drayage from

10177

owncr's rcidenco to Contractors facility andcommon carier's terminal, military installa-tion Chipping ocr, or Interim sorage.

Zone -- (Provide for additional zones anappropriate.)

r-zti mated quantity ____ lb,.Unit price pcr Cr cvt 0 .-- Total

amount .Contractor's guarantced daily capability

lbs.

Item 19. Storagc. Service provided underthinItem shall include sho-t term storage(not to xced 1CO days) of containerized ar-ticls subcquent to the Interim period specl-fled after completion of containerization atown se' resIdence or Contractor's facilitywhen specfilcally ordered by the Contractin-gOMcer. Service performed under this itemshal not commence Earlier than the eleventh(11th) calendar day (for outbound ship-ment) from date of completion of container-Ization service. Date of rolea-ee from storages~hall not be considered in computaItion ofstorage charges.

Zone (Provide for additional zones '

appropriate.)Etimated quantity gross cwt-

Uraltpfr

DLILu!~afcuist~ ;rrezs SabtoUaquastity en. =anenais

1- 10 3Y3 ..... r cL . ...........1- Z3 d3ys ........ Grc=t cu S.- S -- -------

31-45 dys........ Grc cv. S.........

41- days G ....... rc ........ .15- Vdys. ... ........ S .......0l- CO daYs.Gras --t S.--01-1503 days ...... Grecat ....

121-150 days. res cat $ ........ ......T clal --a-a ................. $.......

Ci, r-ter's Cu==t:-I nztUbycpSabity ............... Grc:-3 c=t....

Item 20. Dra!;gc (When Other Services ArePerformed). Servico provided under this itemshall Include drayage as required beyond thezone(s) of perform ace included n the itemspccilfd in the order for crvice. Drayageshal be paid for at a rate per grezz cwt. ofchipment per mile of shipment over theshortest practicable route.

Zone . (Provide fre additional zonesappropriate.)

Estimatcd quantity __ _ Gron crt. --------Ltimatcd to!al miles par tripUnit price per grc t pe mile $ ----

Item 21. Draaga (When Other ScrricazNot Requircd). Service under thin item shallinclude drayage an ordered, when other scrv-Ices are no' rcqulrcd, at a rate par gw cw.of shipment per mile of shipment over theshorte3 practicable routo. Service unde thisitem Includes the loading and unloading ofgoods, and placing of sao in line-haul car-ricr terminals or military tran-r.tationshipping ofilecs or both. An Inventory will beprepared when requCstd by the ContractingOffcer.Zone ---- (Provide for additlonal zones an

appropriate.)Estimated quantity ---- Groa cwt........EstImated total miles per tripUnit price per gross3 cwt. pcr mile $ -------

Item 2-. [Rccarved]

nrourrn =197=1_Item 23. Complete: Serricz-Inbound. Serv-

ice under thi istem provides pickup o un-accompanied b2ag ae and loadcd containersof household goods (except CO,1m) fromline-haul carrier's tcrminal, miltary insta-la-tion shipping ofco, ctorage facility or theContractoer plant, delivering them to theowner's residence, the uncrating and un-packing, and at the owne'sa residence as



directed by the owner or his designated rep-resentative, servicing of major appliances andremoving shipping containers, barrels. boxes,crates, and debris from the owner's residence.and drayage of empty Government containersto Contractor's facility or place of storage asdirected by the Contracting Officer. This serv-iee also shall include Inferim storage for notmore than fifteen (15) days.

(a) Household Goods.



-- l- Ibs.

(b) Unaccompanied Baggage. This nor-mally shall consist of foot lockers, trunks,and similar containers and may also includearticles such as cribs, baby carriages, andcollapsible playpens.

Estimated quantity ---- lbs.Unit price per gross cwt. $ .--- Total

amount $ .----

Item 24. Complete Unpacking Service (In-bound). Service provided under this itemshall be the same as that provided underItem 23 except that shipments shall be re-ceived at Contractor's plant, and drayagefrom line-haul carrier's terminal, militaryinstallwtion, storage, or other Contractorfacility is not required.


Estimated quantity lbs.Unit price per gross cwt. $ .--- Total


- l---- lbs.

(b) Unaccompanied Baggage.

Estimated quantity - l---- Ibs.Unit price per gros cwt, $ .--- Total


------ lbs.

Item 25. Complete Service-Inbound-(CONEX Containers). Service provided underthis Item shall be the same as under Item 23except that such service shall be performedfor household goods shipped in CONEX con-tainers. This service shall include drayage ofempty OONEX containers to place of storageas directed by the Contracting Officer.

Estimated quantity - l---- lbs.Unit price per gross cwt. * ---- Total

amountContractor's guaranteed daily capability

- l---- lbs.

Item 26. Complete Servce-I.nbound---(CONEX Containers). Service provided underthis Item shall be the same as under Item 25except that shipments shall be received atContractor's plant, and drayage from line-haul carrier terminals, military installations,storage or other Contractor's facility is notrequired.


Estimated quanty t--- lbs.Unit price per gross cwt. $ ..... Total


- l---- Ibs.

Item 27. Storage. Service provided underthis item shall include' short-term storage(not to exceed 180 days) of containerizedarticles in excess of the interim period specl-fied in Items 23. 24, 25, and 26 on Inboundshipments, when specifically ordered by theContracting Officer. Service required underthis item shall not commence earlier thanthe sixteenth (16th) calendar day from dateof receipt in Contractor's facility. Date of

delivery from storage shall not be consideredin computation of storage charges.


Estimated quantity ---- gross cwt.Unit price

(Noncu-mlative)

Distribution of estimated per gross Subtotalquantity cwt. amounts

1- 10 days ....... gross cwt. $ -........ $ ----------11- 20 days ....... gross Cwt. $......... $ ----------21- 30 days ....... gross cw. $ ........ $ ----------31- 45 days ....... gross cwt. $ ........ $ ........46- 60 days ....... gross cwt. $ ........ $ .........81- 90 days . g....... gross cwt. $ -----.- $ ..........91-120 days ---- gross cwt. S ---.- $ ..........

121-150 days ....... gross cwt. $ ........ $ ........151-180 days . g...... gross Cwt. $ ........ $ .........

Total amount ...................... $ ..........Contractor's guaranteed monthly

capability ................................. g-ross cwt.

Item 28. Drayage (When Other Services ArePerjormed). Service under this item shallinclude drayage as required beyond thezone(s) of performance included in the itemspecified in the order for service. Drayageshall be paid for at a rate per gross cwt. ofshipment per mile of shipment over theshortest practicable route.

Zone ---- (Provide for additional zoned asappropriate.)

Estimated quantity ---- gross cwt.Estimated total miles per trip ------Unit price per gross cwt. per mile $ .----

Total amount $ .......Item 29. Drayage (When Other Services

Not Required). Service under this item shallinclude drayage as ordered, when other serv-ices are not required, at a rate per gross cwt.of shipment per mile per shipment over theshortest practicable route. Service under thisitem includes loading and unloading ofgoods, and placing of same in owner's resi-dence. An inventory of individual articles willbe prepared when requested by the Contract-ing Officer.


Estimated quantity ---- gross cwt.Estimated total miles per trip ------Unit price per grdss cwt. per mile $ -----

Total amount $- ------

Item 30. [Reserved]

Sc:=xiLx III

INTRACITY AND I2STRAAREA MOVES

Item 31. Complete Service for Intracity andIntraarea Movements. Service under this Itemshall be performed in ,conformance withprovisions of MIL--P-22084(SNA) and shallinclude a premove survey, servicing of ap-pliances and packing at owner's residence toprotect goods properly during transit, in-ventorying, loading, weighing, drayage un-loading, unpacking, and placing of goods inowner's new residence as directed by owneror his designated representative, servicing ofappliances, and removal of all empty con-tainers and boxes from residence.

Zone ------ (Provide additional zones asneeded.)

Estimated quantity ---- net lbs.Unit price per net cwt. $ -----

Total amount $ .----Contractor's guaranteed daily capability

-l---- Ibs.

§ 22.603-11 Performance.

PERFORMANCE (OCTOBER 1965)

(a) The services called for hereunder shallbe performed in conformance with MI,-STD212-...... "Preparation of Household Goodsfor Shipments, Storage, and Related Serv-ices", unless otherwise stated herein. Allpacking service provided by the Contractorunder this contract will be subject to a

minimum performance standard ofnet lbs. per gross cu. ft. of container used.This performance may be checked period-ically by the Contracting Officer. Labor em-ployed to perform pickup and delivery, in-ventorying, packing, crating, weighing, murk-Ing, loading, hauling, drayage, unpacking,blocking, bracing, and other services tie-scribed herein shall be competent in theperformance of such services.

(b) Inventory of shipment shall be accom-plished pursuant to provisions of MIL-STDl212 ------

(c) All services shall be performed in ac-cordance with the priority order establishedby the Contracting Officer.

(d) "Military Standard-Preparation ofHousehold Goods for Shipment and Storageand Related Services" (MIL-STD-212 ------ )and applicable specifications referred toherein are available In the local Procurementor Transportation Offices.

§ 22.603-12 Time requircnenil.TIM' RLQtURrxMuNTs (Apan, 1007)

(a) The Contractor shall commence con-tainerization of household goods or unac-companied baggage at owner's residence orContractor's facllty on the date specified bythe Contracting Officer. If contanerlzationIs authorized at Contractor's facility, thehousehold goods or unaccompanied baggageas required, shall be picked up on thedate(s) specified. Unless a longer period inauthorized by the Contracting Officer, themaximum packing and crating time allowedat the Contractor's facility shall be eight (8)working days from specified pickup date forhousehold goods and three (3) working daysfrom specified pickup date for unaccom-panied baggage,

(b) The Contracting Officer or his desig-nated representative shall give the Con-tractor notice to commence containerizationor to pick up household goods or baggageshipments at least twenty-four (24) hoursprior to the date and time specified.

(c) Delivery or removal of household goodsor unaccompanied baggage to or fromowner's residence, or packing and crating ofhousehold goods or unaccompanied baggageat owner's residence, shall be accomplishedbetween the holurs of 8 a.m. and 5 p m.Monday through Friday only, Federal holi-days excluded, unless the owner, his author-ized agent, or the Contracting Officer author-izes such services to be accomplished earlier orlater than the hours specified.

(d) The Contractor shall accept and pickup inbound shipments of household goods,effect delivery thereof to the destination, andshall unload, unpack, and uncrate the sameon the date specified by the ContractingOfficer during the working hours set forthabove. Delivery shall be effected within two(2) working days from date of pickup/re-ceipt unless otherwise indicated.

§ 22.603-13 Permits and licenaem.PEaMIS ANsD LCzAcsm (OcrOBER 1065)

(a) Bidder certifies that he or his sub-contractor has those valid permits, operatingor other authorization required by Federal,State, or foreign regulatory bodies to performservices called for herein.

(b) ICC Operating Authority Num-ber -_...

(c) If any authorization is revoked orwithdrawn during the life of the contract,the Contractor shall immediately notify theContracting Officer of such fact In writing.

§ 22.603-14 Demurrage.

DZMURRAGo (OcroBER 1065)

The Contractor shall be liable for all de-murrage or other charges accrung as a re-sult of his failure to remove shipments from


10178

freight cars, freight terminals, vessel piers,or warehouses within the free time allowedunder applicable rules and tariffs.

§ 22.603-15 Vans.

VANS (Ocr0oa 1965)Vans used in transporting unpacked and

uncrated furniture shall be of the closedtype and shall be supplied with sufficientclean, sanitary pads, covers, and other equip-ment to protect household goods adequatelyduring transit and delivery. Vehicles used intransporting' packed and crated personalproperty may be of the open type provideda weatherproof tarpaulin is used to protectthe shipment.

§ 22.603-16 Disposition of packing ma-terials and containers.PAcaNG MA&TEI&L (OCrOBs 1965)

(a) The Contractor shall remove all pack-ing and crating materials from the owner'sresidence including Government containers.Soiled packing materials shall not be reused.

(b) 7itle to all household goods, crates, ormetal shipping boxes (CONEX) furnishedby the Government shall remain with theGovernment. Ali Contractor-furnished con-tainers shall become Government propertyupon their Use in performing services orderedunder this contract.

(c) The Contractor shall store Governmentproperty under protective cover.

§ 22.603-17 Drayage.DRATAGE (Aran 1967)

(a) Drayage under the Schedules of itemsin this contract shall include all outboundor inbound hauling of loose articles or con-tainerized zhipments and return of emptyGoverrment containers from owner's resi-dence or storage point (other than Contrac-tor's facility) to Contractor's facility, com-mon carrier's terminal, freight station, ware-house, military installation shipping office,or pier as directed by the Contracting Officer.When pickup is part of the line haul service,Contractor shall perform loading on freightforwarder or carrier equipment at Contrac-tor's facility. Payment shall not be made fordrayage performed within the zones awarded.

(b) Repositioning of Government con-tainers between Contractor's facilities shallbe at no additional cost to the Government.

(c) Payment for drayage shall be made ata rate per mile per Gross hundredweight ofshipment per shipment over the shortestpracticable route.

22.603-18 Interim storage.

INTE= SToM&aG (OcrOBs 1965)Interim storage of packed and crated

household goods for the periods specifiedby contract Schedules herein shall be fur-nished by the Contractor without additionalcost to the Government. Any expense forfurnishing interim storage (wifen required)shall be included in prices bid for itemsWhich provide for such storage. Interim stor-age for outbound shipments Is defined as theperiod of time between completion of theservices ordered (evidenced by receipt of theoriginal packing list by the Contracting Of-ficer) and receipt by the Contractor of finaldisposition instructions. Interim storage forinbound shipments is defined as the periodof time between pickup of loaded containersand receipt by the Contractor of final dis-position instructions.

§ 22.603-19 Liabifity.

LIAazrr (OcroaM 1965)(a) The words "reasonable time" as used

in the following paragraph mean a periodof time not to exceed two (2) years after thetime the owner discovers loss or damage to


his property or the time he should have dis-covered the los or damnge if he had exer-cised due diligence. Tho word "article" asused In the following paragraph means anyshipping piece or package and the contentsthereof.

(b) During the period of this contract andfor a reasonable time, the Contractor agreesto indemnify the bwner for los or damageto the owner's property which arl fromany cause while it is in the Contractor'spossession as follows:

(I) Nonncgligent Damage. The Contractorshall indemnify owners for any los or dam-age to their property which results from anycause, other than the Contractor's ncZi-gence, at a rate of not to exceed sixty cents(60,0) per pound per article.

(Ut) Negufgent Damage. When los or dam-age is caused by the negligence of the Con-tractor, he shall be liable for the full costof satisfactory repair or for the replacementvalue of the article.

The Contractor shall make prompt paymentto the owner of the property for any loss ordamage for which the Contractor Is liable.

§ 22.603-20 Shipments.

SaaSrr (OcrossM 1965)

Shipments shall be accompanied, If de-livered to a common carrier, by GovernmentBill of Lading Issued by the transportationofficer. Copies 2, 3, and 4 of the GovernmentBill of Lading shall be given to the carrier,and all remaining copies recipted by thecarrler' all be returned to the transporta-tion ofilcer. Under no circumstance shallthese copies be retained by the Contractormore than twenty-four (24) hours aftershipment has been delivered to the carrier,Saturday, Sunday and Federal holidays ex-cepted. When household goods are shipp dvia freight forwarder, the original Govern-ment Bill of Lading rhall be given to theinitial agent of the freight forwarder forconveyance to the consignee. This is in ad-dition to those copies normally furnishedto a carrier. The following certification shallbe placed on all copies of the GovernmentBill of Lading for signature by the Initialagent of the freight forwarder, in the nameof the forwarder: "Initial Carrier's agent, bysignature below, certifies he received theoriginal bill of lading."

§ 22.603-21 Erroneous shipments.Eanonrous Smesnarrs (Ocrosra 1905)

(a) It shall be the responsibility of theContractor at his expenso to have articlcsof personal effects and household goodswhich he inadvertently pacLed with goodsof other than the rightful owner forwardedto the rightful owner by the qulckest meansof transportation.

(b) Further, It shall be the responslbllltyof the Contractor to insure that all ship-ments have been stenciled correctly. Whena shipment Is forwarded to en incorrect ad-dress due to Incorrect stenclilng by the Con-tractor or its perconnel, the shipment shallbe returned With the Ikt possIblo delay to itsrightful owner by a mode of transportationselected by the transportation ofcer. TheContractor shall be liable for all costa in-curred Including charges for preparation,drayage, and transportaton.

§ 22.603-22 Marking and weighing in.structions.

10179

cpaced In such a manner as to be c.ily read-All contalncra of profes.ional books, papersor equipment shal bo stenciled "Profession.al B00!10, Paper, Equipment" and theirweights shall be shown cparately on pack-ing lUsts.

(b) Container shall be marked with con-secutivo numbem for each lot of articlescontained therein (oo.. Box 1 of 4, Box 2 of4. etc.) and chrdl ba so listed end Identifiedon the packing alt

(c) Was=ing machines, refrigerators, ra-die-, end other Items which must be keptin an upright pozztion shall have the fol-lowing notice conspicuously printed on twosldca of the container: "Notice to any agent,checker, or o-ner on receiving this piece.Should container ba damaged in any way orif contenta are loose, mlee an exceptionwhen receipting for the article. Please noteall exceptions.".

§ 22.603-23 Weight certificates.

WEnaxr C-vnMcA=n (Ocro= 1965)

(a) A weight certificate, in triplIcate,from a certificd seale or welighlmater sbellbe submitted to the transportatlon ofilcerfor all outbound zhipments.

(b) To determine the net weight of in-bound household goods- shipments, whensuch weight is not shown on the G-overn-ment Bill of Lading. the tare 'eight indl-cated on the container shall be dedustedfrom the gro_= welght on the container oron the Government BI of Lading. The netweight shall be annotated on the Govern-mentBll of Lading.

(c) When inbound shipments includechipping containers other than Type If orIII (PPP - 560 ....--- ) the tare weightshell be doteralned in the srame nanner asin (b) above end such weight rall be de-ducted from the gross weight cet forth onthe s ipping container or on the Govern-ment Biit of Lading. to determine the netweight of the household goods.

§ 22.603-24 Inventory of damaged ma-terial.

INIvzsM027 0s', Dnice~r LfZr=jAns (CC=_-ss1965)

It shall be the reb!ponsl-blty of the Con-tractor when making delivery to prepare aceparat' Inventory lIZting all articles Iet. ordamaged and dcscribing such los or "da-ae.This inventory shall be cubmitted to thetransportation officer within seven (7) daysafter the delivery of the gods.

Subpart G-Conlracls for Laundryand Dry Cleaning Services

Scc.22.700 Scope of subpart.

2.501 General policy.22.702 Solicltation provizions.22.702-1 Instructions to bldders.22.702-2 Schedule format.

A=o110r7r: The provisions of this Sub-part G i-sued under scm 2202, 70A Stat. 120;10 U.S.C. 2202. Interpret or apply ses. 2301-2311, 70A Stat. 127-133; 10 U.S.C. 2301-2314.

§ 22.700 Scope ofsubpart.This subpart contains Instructions for

the preparation and use of contracts forlaundry and dry cleaning servces withinthe United States. It may be used asguidance In all other locations.

MLANoIN =D W=aEGmI Iusmucnron: § 22.701 Generalpolicy.(Oro3m 1905)

(a) All marking shall be stenciled Inaccordance with LIIL-STD-212 . Let-tering must be at least I'S Inches in heightwhen the size of the container permits, andin no care less than 1, of an inch. and

Except for laundry and dry cleaningservices procured under small purchaseprocedures, the normal method of ob-taining contracts for laundry and drycleaning services shall be by formal


10180

advertising. The term of such contractsnormally shall be for one year but shallnot extend beyond the then currentfiscal year.§ 22.702 Solicitation provisions.

All solicitations for laundry and drycleaning services shall include provisionsas set forth below.§ 22.702-1 Instructions to Lidders.

INsrrauions To Binoass (APuR. 1967)(a) Bids must include unit prices for each

item in a lot. Failure to bid on any item In alot shall be cause for rejection of the bid onthat lot. Bids shall be evaluated on the basis

Sec.22.800 Scope of subpart.22.801 Type of contract.22.802 Limitation on use.22.02-1 Prestige motor vehicles.22.802-2 Authority to rent motor vehicles.22.802-3 Age of vehicles.22.808 Schedule provisions.

AuT OanRr: The provisions of this SubpartH inued under sec. 2202, 70A Stat. 120; 10U.S.C. 2202. Interpret or apply sees. 2301-2514, 70A Stat. 127-133; 10 U.S.C. 2301-2314.

§ 22.800 Scope of subparL

Procurement procedures peculiar tocontracts for the rental of limousines,sedans, and station wagons from com-mercial concerns, with the driver pro-vided by the Department of Defense, areset forth in this subpart. Detailed pro-cedures concerning the rental of motorvehicles are contained in "Joint Proce-dures for Management of AdministrativeUse Motor Vehicles" (AR 58-1; OPNAVP 44-2; AFM 77-1; MCO P11240.46;DSAR 4510.5). Contract clauses for therental of motor vehicles are prescribedin Subpart 0, Part 7 of this chapter.§ 22.801 Type of contract,

Contracts for the rental of motor ve-hicles shall be of either a definite quan-tity or an indefinite quantity type, pro-viding for payment on a fiat rate basis ora combination of flat rate and mileagebasis.


of the estimated quantities stated In the in-vitation. Subject to the provision containedherein, award generally shall be made to asingle bidder for all lots. The Government re-serves the right, however, to award by indi-vidual lot when the Contracting Officerdetermines that this is more advantageous tothe Government.

(b) Upon application to the ContractingOfficer, types of articles to be serviced maybe inspected prior to bidding.

§ 22.702-2 Schedule format.Set forth below is an example of a

schedule format suitable for use in solici-tations. The estimated quantities are onlyillustrative.

Contracts for the rental of vehicles aresubject to the following limitations.

§ 22.802-1 Prestige motor vehicles.

Prestige motor vehicles (limousines,heavy sedans, and medium sedans) maybe rented only for use in accordance withand subject to the approval required inthe Joint Procedures for Management ofAdministrative Use Motor Vehicles.§ 22.802-2 Authority to rent motor ve-

hicles.

(a) Contracts for the rental of motorvehicles may be entered into by the con-tracting officer:

(1) For periods not exceeding 30 dayswithout regard to established allowances,when required to satisfy peak load, un-usual, or emergency requirements. Thisauthority shall not be used, however, toprovide transportation for normal, rou-tine requirements for which allowanceshave been established and vehiclesprovided;

(2) For periods not exceeding 90 days,within any 12 consecutive months, toprovide transportation for normal, rou-tine purposes to the extent Departmentof Defense owned vehicles have not beensupplied to fill established allowances;and

(3) After prior approval as required inaccordance with the Joint Procedures for

efmtfnateditem item quantity for Unit Unit AmountNo. contract price

period

LOT I

LAUNDRAINGI Pillowcase M. 100, 000 each2 Nurses Unilorm, with belt (B) (P) (O .. ... 25,000 each3suppers ....................p............e.................. ,000 pair

LOT II

DRY CLFKIMWG4 Curtains -------------------------------------- -- ..--- ... 00 each5 Trousers (P) ------------------------------------------------- 5,000 each

LooT IrI**

ntDIVIDUAL LAUNDRT

6 Individual bundle (28 piee ---........................ 1,000 each7 Individual bundle (13 plece) ......................... . , 000 each

(8)--Btarched, (P)-Preased, (OH)-Item delivered on hanger (hanger Included In unit price), and ( ) otherInstrustiona as required.*Include In contracts containing the Individual laundry clause in 7.1401-12 of this chapter.

Subpart H-Rental of Motor Vehicles § 22.802 Limitation on use.


Management of Administrative Vve Mo.t r Vehicles--

(a) For periods In exces of thosespecified in subparagraphs (1) and (2)of this paragraph; requests for approvalshall include justification, number of ve-hicles by type, the total estimated on-tract cost, and the anticipated period ofuse; and

(b) For the rental of vehicles not inconformance with the body design,

.welght, equipment, acoessorles, or otherfeatures which would have been author-ized If Department of Defense ownedvehicles had been provided.§ 22.802-3 Age of vehiclem.

Generally, solicitations shall not bolimited to the current year's productionmodels. However, with the prior approvalof the Head of the Procuring Activityconcerned or his designee, such solicita-tions may be limited to current modelson the basis of overall economy.§ 22.803 Schedule provisions.

The Schedule of each solicitation orresulting contract shall set forth:

(a) Contract period;(b) Scope of contract;(c) Special payment provisions;(d) A listing of the number and types

of vehicles being rented;(e) Rates applicable to each type of

vehicle;(f) Equipment and aooesories to be

provided with each vehicle;(g) A provision as to the furnishing

of gasoline, motor oils, antifreeze, etc.;(h) Unless a prior determination has

been made that it will be more economi-cal for the Department of Defense toperform the work, a statement that thecontractor shell perform all mainte-nance on the vehicles;

(i) A statement as to pertinent stateand local laws and regulations;

() The responsibilities of the partiesin the event of the malfunctioning of thevehicles;

(k) The responsibilities of the partiesfor emergency repairs and servioes; and

(1) Performaice bonds, if required.

PART 30-APPENDICES TO ARMEDSERVICES PROCUREMENT REGU-LATIONS

§ 30.3 [Amended]29. In § 303.3, under Item 305, the ref-

erence "4-214.4" Is changed to read"4-116.4".[Rev. 22, ASPR. Apr. 3, 19671 (Sec. 2202,70A Stat. 120; 10 U.S.C. 2202. Interpret orapply sees. 2301-2314, 70A Stat. 127-133;10 U.S.C. 2301-2314)

KMrrNTH G. WICKMAM,Major General, U.S. Army,

The Adjutant General.[F.R. Doc, 67-7857; Filed, July 10, 1007;

8:45 a.m.]


§2.603 TTitle 41-TELECOMMUNICATION agreen(a) The

Chapter I-Federal Communications internationCommission

PART 2-FREQUENCY ALLOCATIONS DateAND RADIO TREATY MATTERS:GENERAL RULES AND REGULA- 1925 ...........

TIONSOrder

In the matter of amendment of Part 2,Subpart Q of the Commission's rules andregulations to effect certain editorialchanges therein.

The Commission having under con-sideration the desirability of makingcertain editorial changes in Part 2, Sub-part G of its rules and regulations; and

It appearing, That the amendmentsadopted herein are editorial in nature,and, therefore, prior publication of noticeof proposed rule making under the pro-visions of section 4 of the AdministrativeProcedure Act is unnecessary, and theamendments may become effective im-mediately; and

It further appearing, That the amend-ments adopted herein are issued pursu-ant to authority contained in sections4i), (5) (d) (1), and 303(r) of the Com-munications Act of 1934, as amended,and § 0.261 (a) of the Commission's rules;

It is ordered, This 3d day of July 1967,that effective July 10, 1967, Part 2, Sub-part G is amended as set forth In theappendix below.

Released: July 3, 1967.

(Sees. 4, 5, 0,6 48 Stat, as -amended, 1066,1068, 1082; 47 U.S.C. 154, 155, a03)

FEDERAL COMMUNICATIONSCOMnISSIOw,

[SEAL] BEN F. WAPLE,Secretary.

APPENDIX

In Subpart G §§ 2.601, 2.602, and 2.603are revised to read as follbws:

§ 2.601 General.

This subpart is corrected to July 1,1967. The Commission does not distributecopies of these documents. Inquiry maybe made to the U.S. Government Print-Ing Office concerning availability forpurchase.

2.602 Citation abbreviations used inthis subpart.

Trenwith-Treaties, Conventions, In-ternational Acts, Protocols, and Agree-ments between the United States ofAmerica and Other Powers, 1923-37(compiled under S. Res. No. 132, 75thCong., 1st seas.).

LNTS-League of Nations Treaty Series.Stat.-United States Statutes at Large.UST-United States Treaties and Other

International AgreementsTS--Treaty Series.EAS-Executive Agreement Series.TIAS-Treaties and Other International Acts

Series.

reaties and other international lating to radio and to which the Unitednents relating to radio. States of America is a party (other than

applicable treaties and other reciprocal operating agreements foral agreements in force re- radio amateurs) are listed below:

Citations Subject

IV Trenwith 4248, 4250and 4251.

T S 724-A.

1928 and 1929..- 102 LNTS 143 ............TS 767-A.

1929 ---------- IV Trenwith 4787 ---------TS 777-A.

1934 ---------- 48 Stat. 1876 ...............EAS 02.

1934 ----------- 49 Stat. 3505 ..............EAS 66.

1934 ---------- 49 Stat 3667 ---------------EAS 72.

1937 ---------- 53 Stat. 1576 ---------------TS 938,

1938 ----------

1938 -----------

1939 ..........

1040 ..........

1946 ............

1947 ..........

1947 ------------

54 Stat. 1675 ......- ......TS 949.

53 Stat. 2092 .............EAS 142.

53 Stat. 2157 ...........-EAS 143.

54 Stat. 2483 ......- .......EAS 196.

60 Stat. 1696 ...............TIAS 1527.

61 Stat. (3) 3131 ...........TIAS 1652.

61 Stat. (4) 3416 .........TIAS 167.

1947 ------------ 6 1 Stat. (4) 380 -----------TIAS 1726.

1948 .......... 9 UST 221 ...........TIAS 4044.

3 UST (2) 286.. ...TIAS 2435.

1949 ------------ 3 UST (3) 3064 ............TIAS 2489.

1950 ---------- 3 UST-(2) 2672.. ---------TIAS 2433;

1950 ------------ 11 UST 413 ...............TIAS 4460.

1950 and 1951... 2 UST (1) 683 ............TIAS 2123.

2881. ....

191............

1981 and 195-.

3 UST (0) 3787 ............TIAS 208.

TIAS 2 860

3 UST (3) 3892 ............TIA S 2820.

US-UK (also for Canada and Newfoundland) Bilateral Arrange-Ments providing for the Prevention of Interference by Ships offthe Coasts of these Countries with Radio Broadcasting. Effectedby exchange of notes Sept. and Oct., 1925. Entered into force Oct.1, 195.

US-CanadnArrangement governing Radio Communications betweenPrivate Experimental Stations. Effected by exchange of notes atWashington Oct. 2 and Dec. 29, 1928, and Jan. 12, 1929. Enterednto force Jan. 1, 1929. Continued by the arrangement contained

in EAS 62.US-Canada (including Newfoundland) Arrangement relating to

Assignment of High Frequencies on the North American Con-ilent. Effected by exchange of notes at Ottawa Feb. 20 and 28,

1929. Entered into force Mar. 1, 1029. (Originally, Cuba was alsoaparty tothis arrangement, butby virtue of notice to the CanadianGovernment, it ceased to be a party effective Oct. 5, 1933.)

US-Canada Arrangement relative to Radio Communications be-tween Private Experimental Stations and between AmateurStations. Continues the arrangement contained in TS 767-A.Effected by exchange of notes at Ottawa Apr. 23, and May 2 and4,1934. Entered into force May 4 1934.

US-PcrU Arrangement regarding Radio Communications betweenAmateur Stations on Behalf of Third Parties. Effected by exchangeofuotes at Lima Feb. 16 and May 23, 1934. Entered into force May23, 1934.

US-Chile Arrangement regarding Radio Communications betweenAmateur Stations on Behalf of Third Parties. Effected by exchange.of notes at Santiago Aug. 2 and 17, 1934. Entered into force Aug.17, 1934.

Inter-American Radio Communications Convention between theUnited States and Other Powers. Signed at Havana Dec. 13, 1937.(First Inter-American Radio Conference.) Entered into force forthe United States July 21 1938 for Paris I, III and IV; Apr. 17,1939, for Part I. Part fI o the denvention (Inter-American adliOffice) terminated for all parties Dee. 20, 1958 (TIAS 4079).

Regional Radio Convention between the United States (in behalfof the Canal Zone) and Other Powers. Signed at Guatemala CityDec. 8, 1938. Entered into force Oct. 8, 1939.

US-Canada Agreement regarding Radio Communications betweenAlaska and British Columbia. Effected by exchange of notes atWashington June, July, Aug., Sept., Oct., Nov., and Dec., 1938.Entered Into force Aug. 1, 1938.

US-Canada Arrangement governing the Use of Radio for CivilAeronautical Services. Effected by exchange of notes at WashingtonFeb. 20,1939. Entered fnt force Feb. 20 1039.

US-Mexico Agreement relating to Radio Broadcasting. Effected byexchange oenotes at Mexico Aug. 24 and 28, 1940. Entered into forceMar. 29, 1041.

US-USSR Agreement on Organization of Commercial Radio Tele-type Communication Channels. Signed at Moscow May 24, 1940,Entered into force May 24, 1946.

US-UK Agreement regarding Standardization of Distance MeasuringEquipmeat. Signed at Washington Oct. 13, 1947. Entered Into force0 t. 13, 1947.

US-UN Agreement relative to Lleadquarters of the United Nations.Signed at Lake Success June 26, 1947. Entered into force Nov. 21,1947. Supplemented by the agrcementleontained in TIAS 8901 whichwas signed Feb. 9, 1966.

US-Canada Agreement providing for Frequency Modulation Broad-casting in Chamels in the Radio .Frequency Band 88-408 Meis.Effected by exthange of notes at Wastilngton Jan. 8 and Oct. 15,1947. Entered into force Oct. N, 1947.

Intergover mnental Maritime Consultative Organization (IMCO)Convention. 'Signed at Geneva Mar. 8, 1948. Entered into forceMiar. 17,1958.

London Tilecommunications Agreement between the United Statesand Certain British Comnmonwealth Governments. Signed atLondon Aug. 12, 1949. Entered into force Feb. 24, 1950. Amendedb he 'arseement contained in TIAS 2705 which was signod Oct. 1,

Inter-American Radio Agreement between the United States andCanada and Other American Republics. Signed at WashingtonJuly 9, 1940. (Fourth Inter-Amerlean Radio Conference.) Enteredinto force Apr. 13, 19M, subject to the-provisions of Articlu 13.

US-Ecuador Arrangement regarding Radio Communications be-tween Amateur Stations on Behalf of Third Parties. Effected byexchange of notes at Quito Mar. tO and 17, 1950. Entered into foreMar. 17, 1050.

North American Regional Broadcasting Agreement (NARBA).Si ned at WashingtonNov. 15, 190. Entered into force Ar. 19,1960.Effeetive between United Statuse Canmda Cuba, DominiearRepublic, and theUnited Kingdona of Great britain and NorthernIreland for the Bahama Islands. Ratification on behalf of Jamaicapending.

US-Liberia Arrangement regarding Radio Commucatloni betweenAmateur Stations on Behalf of Third Parties. Effected by exchangeof notes at Monrovia Nov. 9, 1950, and Jan. 8, 9, and 10, 1951. En-tered into force Jan. 11, 1951.

US-Canada Convention relating to the Operation by Citizens ofEither Country of Certain Radio Equipment or Stations in theOther Country. Signed at Ottawa Feb. 8, 1951. Entered into forceMay 15, 1952.

US-Cuba Agreement concerning 'the Control of ElectromagneticRadiation. Effected by exchange of notes at Havata Dec. 10 and 18,1951. Entered into force Dec. 18, 1951.

US-Cuba Arrangement regarding Radio Communicatlons betweenAmateur Stations on Behalf of Th"rd Pasties. Efreeted by exchangeof notes at Havana Sept. 17, 1951, and Feb. 27 1952. Entered intoforce Feb. 27, 1902.

FEDERAL REGISTER, VOL 32, NO. 132-TUESDAY, JULY 1r, 1967

No. 132--5

10181

10182 RULES AND REGULATIONS

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(d) There are certain treaties and agreements primarily concerned with mattersother than the use of radio but which affect the work of the Federal CommunicationsCommission insofar as they involve communications. Among the most important ofthese are the following which are available from the Secretary General, Interna-tional Civil Aviation Organization (ICAO), International Aviation Building, 1080University Street, Montreal, Canada:

Date Citations Subect

W 44 ---------- 61 Stat. (2) 1180 .....----- International Civil Aviation Convention. Signed at Chicago Dec. 7,TIAS 1591. 1944. Entered into force Apr 4 1947 Amended by the protocols

contained in TIAS 3750 and TIAS 510,1946 --------- ---------------------------- ICAO Communications Division, Second Session, Montreal.194 -----------..--------------------------- ICAO Communications Division, Third Session, Montreal.1951 ...------------------------------------ ICAO Communications Division, Fourth Session, Montreal.1954 -------------------------- ICAO Communications Division, Fifth Session, Montreal.194I---------8 UST 179-------------Protocol Amending the International Civil Aviation Convention

TIAS 3756. (TIAS 1591). Done at Montreal June 14, 1954. Entered into forceDec. 12, 1956.

1957 ---------.--------------------------- ICAO Communications Division, Sixth Session, Montreal.1958 ----------------------------- ICAO Communications Division, Special Session, Montreal.1961----------13 UST 2105- --------- Protocol Amending the International Civil Aviation Convention

TIAS 5170. (TIAS 1591). Done at Montreal uno 21, 1961. Entered Into forceJuly 17,1962.

1962-------------------------------.ICAO Communications Division, Seventh Sesslon, Montreal.ICAO Communications Division, Special Session, Montreal.

1966 . ------- "--- ------ ---- ICAO Communications/Operations (COM/OPS) Divisional Meeting,Montreal.

[P.R. Dec. 67-7844; Filed, July 10, 1967; 8:45 am.]

[FCC 67-755]

PART 73-RADIO BROADCASTSERVICES

Subpart G-Emergency Action Notifi-cation System and the EmergencyBroadcast System

In the matter of amendment ofSubyart G of Part 73 of the Commis-sion s rules and regulations-EmergencyBroadcast System (EBS):

1. The Commission has before it forconsideration the amendmeit of Sub-part G of Part 73 of the Commission'srules and regulations governing the op-eration of the Emergency BroadcastSystem (EBS).

2. The National Industry AdvisoryCommittee (NIAC) has forwarded thefirst revision of the Basic EmergencyBroadcast System (EBS) plan to theCommission for approval. The revisionincorporates into the Plan the provisionsof a Presidential Memorandum of Dec-'mber 21, 1966 to his Armed Forces Aidedirecting that in the event an enemyattack has been detected, the WhiteHouse Communications Agency (WHCA)shall be authorized to activate the EBSand the Office of Civil Defense (OCD)shall be authorized to follow with thedissemination of appropriate warningmessages. Since the EBS may possibly beactivated where no enemy attack hasbeen detected, the revision provides forthe broadcast of an Emergency ActionNotification message either with or with-out an OCD attack warning message.

3. The present Basic EBS Plan pro-vides for activation of the EBS duringa "war, threat of war, state of publicperil or disaster, or other nationalemergency." The first revision changesthe above-quoted language to provide foractivation during a "grave national crisisor war."

4. Additionally, the revision providesnational level guidelines for the develop-ment of Detailed State EBS OperationalPlans; incorporates the concept of as-signing operational designations (pri-mary, alternate, primary relay, or alter-

nate relay) to specific National DefenseEmergency Authorization (NDEA) sta-tions; and effects numerous editorialchanges which serve to clarify the mean-ing and objectives of the Basic EBS Plan.The revised EBS Plan has been approvedby the Commission.

5. There is a need to amend SubpartG of Part 73 of the rules and regulationsto reflect those changes in the EmergencyAction Notification System and theEmergency Broadcast System whichhave been effected in the first revisionof the Basic EBS Plan.

6. Since the prompt amendment ofSubpart G of Part 73 of the rules andregulations Is necessary for purposes ofnational defense, compliance with thenotice, public procedure, and effectivedate requirements of 5 U.S.C. 553 wouldbe contrary to the public interest.

7. The authority for the rules adoptedherein is contained in sections 1, 4(i),and 303(r) of the Communications Actof 1934, as amended, and ExecutiveOrder 11092;

It is ordered, That effective August 4,1967, Subpart G of Part 713 of the Com-mission's rules and regulations isamended as set forth in the Appendixbelow.(Sees. 1, 4, 303, 48 Stat., as amended, 1064,1066, 1082; 47 U.S.C. 151, 154, 303, and E.O.11092 of Feb. 26, 1963)

Adopted: June 28, 1967.

Released: July,6, 1967.FEDERAL COmMUNICATIONS

ComznsIoN,'[SEAL] BEN F. WAPLE,

Secretary.APPENDIX

Subpart G of Part 73 of the Commls-sion's rules and regulations Is amendedto read as follows:

Subpart G-Emergency Action Notification Systemand the Emergency Broadcast System

ScorE AND OBJETIVESSec.73.901 Scope of s~bpart.73.902 Objectives of subpart.

I Commissioner Johnson absent.

DZEINITIONS

Sec.73.905

73,90873.90773.90873.909

73.91073.911

73.912

73.913

73.914

73.916

73.916

73.917

73.91873.919

73.920

73.92173.922

Emergency Action Notification Sys-tem and the Emergency BroadcastSystem Implamentation System.

Attention Signal.Emergency Action Notification.Emergency Action Condition.Emergency Action Condition Termi-

nation.Emergency Broadcast System (EBB).Basic Emergency Broadcast System

(EBS) Plan.NIAC Order.National Defense Emergency Authorl-

zatlon (NDEA).Primary Station National Defense

Emergency Authorization (NDEA).Alternate Station National Defense

Emergency Authorization (NDEA).Primary Relay National Defense

Emergency Authorization (NDEA),Alternate Relay National Defense

Emergency Authorization (NDEA),Non-NDEA Station.Detailed Regional Emergency Broad-

cast System (EBBS) OperationalPlan.

Detailed State Emergency BroadcastSystem (EBS) Operational Plan.

Operational Area.Common Program Control Broadcast

Station.

Esmmaoacr ACTIONs

73.931 Notification of Emergency ActionCondition.

73.932 Emergency Action Notification Pro-cedures,

73.933 Radio Monitoring Requirement.73.934 Emergency Broadcast System (EBS)

operation during an EmergencyAction Condition.

73.935 Emergency Broadcast System (EBS)programing priorities.

73.940 Termination of Emergency ActionCondition.

PARTICIPATION

73,950 Participation In the EmergencyBroadcast System (EBS).

T s

73.961 Tests of the Emergency Action Noti-filcation System.

73.962 Tests of Approved InterconnectingSystems and Facilities.

W.ATRU WAXMNS

73.971 Emergency Weather Warnings,

Nxrwou OONNCTION

73.981 Participation by Telephone Compa-nies.

AUTHORITY: The provisions of this SubpartG Issued under secs. 1. 4, 803, 48 Stat,, asamended, 104, 1086, 1062, 47 U.S.C. 151, 184,303; E.O. 11092, Feb. 26, 1968.

Subpart G-Emergency Action Notifi-cation System and the EmergencyBroadcast System

SCOPE AND OBJECTIVES


This subpart provides for an Emer-gency Action Notification System for alllicensees and regulated services of theFederal Communications Commissionand the general public, and for an Emer-gency Broadcast System (EBS). Thissubpart applies to all broadcast stationsgoverned by this part within any State,the District of Columbia, the Common-wealth of Puerto Rico, and the posses-sions of the United States, but not thosestations located in the Canal Zone.


10184


§ 73.902 Objectives ofsubpart.The objectives of this subpart are to

provide an expeditious means for thedissemination of an Emergency ActionNotification (with or without an AttackWarning) to licensees and regulatedservices of the Federal CommunicationsCommission and to the general publicduring conditions of a grave Nationalcrisis or war and to provide for an Emer-gency Broadcast System (EBS), whichwould be activated upon release of anEmergency Action Notification by direc-tion of the President of the United States.The Emergency Broadcast System pro-vides for cdntrolled operation of broad-cast stations subject to this part, on avoluntary organized basis, to provide thePresident and the Federal Government,as well as State and local governments,with an expeditious means of communi-cating with the general public during anEmergency Action Condition.

DEFINITONS§ 73.905 Emergency Action Notification

System and the Emergency BroadcastSystem Implementation System.

The system by which all licensees andregulated services of the Federal Com-munications Commission, and the gen-eral public, are notified (with or withoutan Attack Warning) of the existence ofan Emergency Action Condition resultingfrom a grave national crisis or war. TheEmergency Action Notification Systemand the Emergency Broadcast System.Implementation System consist only pfthe following approved facilities, sys-tems, and arrangements:

(a) First Mlethod. From the Presidentof the United States via the White HouseCommunications Agency to the Asso-ciated Press (AP) and United Press In-ternational (UPI); thence via automaticselective switching and teletype Emer-gency Action Notification to all standard,FAI, and television broadcast and otherstations subscribing to the AP and UPIRadio Wire Teletype Networks.

(b) Second Method. From the Presi-dent of the United States via the WhiteHouse Communications Agency to speci-fied control points of the nationwidecommercial Radio and Television Broad-cast Networks, the American Telephoneand Telegraph Co. and other specifiedpoints via a dedicated teletypewriter net-work; thence to all affiliates via anyavailable internal commercial radio andtelevision network alerting facilities.

(c) Third Method. Off-the-air moni-toring of specified standard, FAT, andtelevision broadcast stations by standard,FM, and television broadcast stationsand other licensees and regulated serv-ices for receipt of the Emergency ActionNotification. All broadcast licensees arerequired to install, maintain, and operateradio receiving equipment for receipt ofthe Emergency Action Notification.

(d) Fourth Method. Off-the-air mon-itoring of standard, FM, and televisionbroadcast stations by the general publicwho are listening or viewing or whoseradio or television receivers are equippedfor actuation by the Attention Signal toreceive the Emergency Action Notiflca-tion.

§ 73.906 Attention signal.The signaling arrangement trans-

mitted by all standard, FM, and televi-sion broadcast stations for the purposeof actuating muted standard, FM, andtelevision receivers.

§ 73.907 Emergency Action Notification.The Emergency Action Notification Is

the notice (with or without an AttackWarning) to all licensees and regulatedservices of the Federal CommunicationsCommission and to the general public ofthe existence of an Emergency ActionCondition. The Emergency Action Noti-fication is released upon direction of thePresident of the United States and Isdisseminated only via the EmergencyAction Notification System.§ 73.903 Emergency Action Condition.

The Emergency Action Condition Is theperiod of time between the transmitsonof an Emergency Action Notification andthe transmission of the Emergency Ac-tion Condition Termination.§ 73.909 Emergency Action Condition

Termination.The Emergency Action Condition Ter-

mination is the notice to all licenseesand regulated services of the FederalCommunications Commission and to thegeneral public of the termination of anEmergency Action Condition. The Emer-gency Action Condition Termination isreleased upon direction of the Presidentof the United States and is disseminatedonly via the Emergency Action Notifi-cation System.§ 73.910 Emergency Broadcast System

(EBS).The Emergency Broadcast System

(EBS) is a system of facilities and per-sonnel of nongovernment broadcast sta-tions and other authorized facilitieslicensed or regulated by the FederalCommunications Commission, includingapproved and authorized integral facili-ties or systems, arrangements, proce-dures, and interconnecting facilities,which have been authorized by the Com-mission to operate In a controlled man-ner during a grave national crisis or war.§ 73.911 Basic Emergency Broadcast

System (EBS) Plan.The Basic Emergency Broadcast Sys-

tem (EBS) Plan is a plan containing,among other things, approved basic con-cepts and designated national-level sys-tems, arrangements, procedures, andinterconnecting facilities to satisfy theWhite House Statement of Requirementsfor Presidential Meszages and NationalPrograming and News. Provision Is madetherein for the development, designation,and approval of facilities, mutually com-patible operational arrangements, pro-cedures, and interconnecting facilitiesto satisfy the Department of Defense(Office of Civil Defense) statement ofrequirements for the dissemination ofemergency information and instructionsby Regional, State, and OperationalArea (Local) authorities in addition toPresidential Messages and National Pro-graning and News, as set forth above.

§ 73.912 NIAC Order.A NIAC Order Is a service order pre-

viouqly filed with the American Tele-phone and Telegraph Co., providing forapproved arrangements for programorigination reconfiguration of the majorcommercial Radio and Television (aural)Broadcast Networks (except UPI Audio)voluntarily participating in the Emer-gency Broadeast System (EBS). Broad-cast networks presently participatingare American Broadcasting Co. (ABC),Columbia Broadcasting System (CBS),Mutual Broadcasting System (M S),National Broadcasting Co. (NBC), Inter-mountain Network (MN), and theUnited Press International Audio (UPID.Any NIAC Order must meet White Houserequirements and may be activated onlywhen requested by the White HouseCommunications Agency in accordancewith approved established procedures.§ 73.913 National Defense Emergency

Authorization (NDEA).A National Defense Emergency Au-

thorization (2NDEA) is an authorizationissued by the Federal CommunicationsCommnssion only to the licensees ofbroadcast stations subject to the provi-sions of this part to permit controlledoperation of such stations, as rell asassociated auxiliary broadcast stationssubject to Part 74 of this chapter, ona voluntary organized basis during anEmergency Action Condition, consistentwith the provisions of this subpart andthe Basic Emergency Broadcast System(EBS) Plan, including the annexes andsupplements to that plan. A broadcaststation licensee will be issued a NationalDefense Emergency Authorization onlyin accordance with the Criteria for ElY-gibility set forth in the Basic EmergencyBroadcast System (EBS) Plan, whichv11 remain valid concurrently with theterm of the broadest station license, solong as the station licensee continues tocomply with the Criteria for Eligibility.§ 73.914 Primary Station National De-

fense Emergency Authorization(NDEA).

A Primary Station National DefenseEmergency Authorization is the authori-zation Issued to one or more broadcaststation licensees in an Operational Areaassigning such licensees the responsi-bilty for broadcasting a common emer-gency promram for the initial period of,or for the duration of, an EmergencyAction Condition. Broadcasts by suchstations are intended for direct publicreception in an Operational Area, asspecified in an approved Detailed StateEmergency Broadcast System (EESOperational Plan.§ 73.915 Alternate Station National r,_

fenge Emergency Authorizatin(NDEA).

An Alternate Station National DefenseEmergency Authorization is the authori-zation Issued to one or more broadcast 11-cenzees in an Operational Area assigningsuch licensees as specIfied alternates.An Alternate station will assume broad-casting responsibility In accordance withthe Detailed State Emergency BroadcastSystem (EBS) Operational Plan.

FEDERAL REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11. 1967

10185


§ 73.916 Primary Relay National De-fense Emergency Authorization(NDEA).

A Primary Relay National DefenseEmergency Authorization is the authori-zation issued to one or more broadcastlicensees in an Operational Area assign-ing such licensees the function of emer-gency program distribution on relayservice of emergency programing to sta-tions holding Primary or Alternate Sta-tion National Defense Emergency Au-thorizations, in accordance with anapproved Detailed State EmergencyBroadcast System (EBS) OperationalPlan. A Relay station will not generallybroadcast emergency program materialintended for direct public reception.§ 73.917 Alternate Relay National De-

fense Emergency Authorization(NDEA).

An Alternate Relay National DefenseEmergency Authorization is the authori-zation issued to one or more broadcastlicensees in an Operational Area assign-ing such licensees as specified alternatesto stations holding Primary Relay Na-tional Defense Emergency Authoriza-tions. In the event a Primary Relaystation is unable to assume its initial op-erational functions, or discontinues suchoperation for any reason, an AlternateRelay station will assume those opera-tional functions, in accordance with the"alternate" designations (1st, 2d, 3d, 4th,etc.) contained in an approved DetailedState Emergency Broadcast System(EBS) Operational Plan.§ 73.918 Non-NDEA Station.

A Non-NDEA Station is a broadcaststation which is not voluntarily partici-pating in the Emergency BroadcastSystem (EBS) and does not hold a Na-tional Defense Emergency Authorization.Such stations are required to discon-tinue operations for the duration of anEmergency Action Condition.§ 73.919 Detailed Regional Emergency

Broadcast System (EBS) OperationalPlan.

A detailed Regional Emergency Broad-cast System (EBS) Operational Plan isa plan providing for a regional emer-gency programing origination capabilityat the Federal Regional Center in co-ordination with the State Industry Ad-visory Committees and integrated intothe Detailed State Emergency Broad-cast System (EBS) Operational Planswithin the Federal Region as a coordi-nated Regional/State operation. Such aplan shall be in conformity with the pro-visions of this subpart and the BasicEmergency Broadcast System (EBS)Plan and shall be considered a supple-ment thereto.§73.920 Detailed State Emergency

Broadcast System (EBS) OperationalPlan.

A detailed State Emergency BroadcastSystem (EBS) Operational Plan is aplan containing the designation of facil-ities approved detailed mutually compat-ible operational arrangements, proce-dures, instructions, and interconnectingfacilities to satisfy the requirements ofthe President and the Federal Govern-

ment, as well as State and OperationalArea (Local) authorities for communi-cating with the general public duringan Emergency Action Condition. Such aplan includes approved and authorizeddetailed emergency operational commu-nications facilities, systems, procedures,and interconnecting systems. It shall bein conformity with the provisions of thissubpart and the Basic Emergency Broad-cast System (EBS) Plan and shall beconsidered a supplement thereto.§ 73.921 Operational Area.

An Operational Area is a geographicalarea which may encompass a number ofcontiguous communities, as mutuallydetermined by the State Industry Ad-visory Committee and State authorities,and as delineated in the approvedDetailed State Emergency BroadcastSystem (EBS) Operational Plan.§ 73.922 Common Program Control

Broadcast Station.A Common Program Control Broad-

cast Station is a Primary NDEA broad-cast station in each Operational Areaassigned the responsibility for coordinat-ing the operations for the broadcastingof the common program for the Opera-tional Area. In the event a CommonProgram Control Broadcast Station isunable for any reason to carry out thisresponsibility, other Primary and Alter-nate broadcast stations in the Opera-tional Area will be assigned as theCommon Program Control BroadcastStation in progressive order, as setforth in the approved Detailed StateEmergency Broadcast System (EBS)Operational Plan.

EMERGENCY AcTIoNs

§ 73.931 Notification of Emergency Ac-tion Condition.

(a) Authority for release of the Emer-gency Action Notification rests solelywith the President of the United States.This authority has not been delegated,except as set forth in paragraph (b) ofthis section.

(b) Under the President's responsibil-ity to activate the Emergency BroadcastSystem (EBS), he has directed that inthe event an enemy attack has beendetected, the White House Communica-tions Agency shall be authorized toactivate the Emergency Broadcast Sys-tem (EBS) and the Ofice of Civil Defenseshall be authorized to follow with thedissemination of appropriate warningmessages.

(c) The Emergency Action Notifica-tion will be released by direction of thePresident and will be disseminated onlyvia the Four Methods of the EmergencyAction Notification System in one of thefollowing two forms:

(1) The Emergency Action Notifica-tion only without Attack WarningMessage.

(2) The Emergency Action Notifica-tion with Attack Warning Message.§ 73.932 Emergency Action Notification

Procedures.All broadcast stations are to be fur-

nished complete Instructions on colorcoded cards (yellow, white, red, blue).Each card specifies the procedure to be

followed (Texts of these cards are in-cluded in Annex V of the EBS Plan).Immediately upon receipt of an Emer-gency Action Notification (yellow card),all standard, commercial FM, and non-commercial educational I7W broadcaststations with a transmitter output ofover 10 watts, and television broadcaststations, including all such stationsoperating under equipment or programtest authority, will proceed as set forthin paragraph (a) or (b) of this section,as applicable:

(a) Receipt of the Emergency ActionNotification without Attack Warning:

(1) Discontinue normal program andfollow the detailed transmission proce-dures set forth on the White Card en-titled "Broadcast Message" BAN-1. ThisWhite Card has been furnished to alllicensed broadcast stations for postingin all studios and broadcast operatingpositions.

(2) Upon completion of these detailedtransmission procedures, all licensedbroadcast stations which do not hold aNational Defense Emergency Authoriza-tion (NDEA) shall discontinue operationfor the duration of the EmergencyAction Condition.

(b) Receipt of the Emergency ActionNotification with Attack Warning:

(1) Discontinue normal program andfollow the detailed transmission pro-cedures set forth on the Red Card en-titled "Broadcast Message" EAN-2.This Red Card has been furnished to alllicensed broadcast stations for postingin all studios and broadcast operatingpositions.

(2) Upon completion of these detailedtransmission procedures, all licensedbroadcast stations which do not hold aNational Defense Emergency Authoriza-tion (NDEA) shall discontinue operationfor the duration of the EmergencyAction Condition.

(c) A station which normally broad-casts a substantial part of its program-ing in a language other than Englishmay broadcast the required announce-ments as well as EBS programing, in suchforeign language sequentially with thebroadcast in English, provided such sta-tion has been authorized to do so as partof an approved Detailed State Emer-gency Broadcast System (EBS) Opera-tional Plan.

(d) Noncommercial educational FMbroadcast stations with a transmitterpower output of 10 watts or less will,upon receipt of an Emergency ActionNotification, interrupt the program inprogress and broadcast the appropriateEmergency Action Notification Messageas provided In paragraph (a) of thissection, but without the transmislon ofthe Attention Signal. Such stations willthen discontinue operation and main-tain radio silence in accordance withthe Basic Emergency Broadcast System(EBS) Plan.

(e) International broadcast stationswill cease broadcasting immediatelyupon receipt of an Emergency ActionNotification and will maintain radiosilence In accordance with the BasicEmergency Broadcast System (EBS)Plan.


10186


§ 73.933 Radio monitoring requirement.(a) Tn" brder to ensure the effective-

ness of the Third Method EmergencyAction Notification System, all broad-cast station licensees must install andoperate during their hours of broadcastoperation equipment capable of receivingEmergency Action Notifications orTerminations transmitted by other radiobroadcast stations. This equipment mustbe maintained in operative condition, in-cluding arrangements for human lis-tening watch or automatic alarm devices,and shall have its termination at eachtransmitter control point. However,where more than one broadcast trans-mitter is controlled from a common pointby the same operator, only one set ofequipment is required at that point.

(b) The off-the-air monitoring as-signment of each standard, M, and tele-vision broadcast station is specified inthe Detailed State Emergency BroadcastSystem (EBS) Operational Plan. Partic-ular -attention should be paid to avoiding"closed loops" in monitoring assign-ments.

(c) Prior to commencing routineoperation or originating any emissionsunder program test, equipment test,experimental, or other authorizations orfor any other purpose, licensees or per-mitees shall first ascertain whether anEmergency Action Condition exists and,if so, shall operate only in accordancewith the Basic Emergency BroadcastSystem (EBS) Plan and Detailed StateEmergency Broadcast System (EBS)Plan.§ 73.934 Emergency Broadcast System

(EBS) operation during an Emer-gency Action Condition.

Following completion of the pro-cedures set forth in § 73.932, and uponreceipt of emergency programming, au-thorized participating broadcast stationswill immediately begin operations Inaccordance with the approved DetailedState Emergency Broadcast System(EBS) Operational Plan, as follows:

(a) Primary NDEA stations within anOperational Area will, upon cue from theCommon Program Control BroadcastStation, begin broadcast of a commonprogram consisting of either PresidentialMessages, State programing, OperationalArea (local) programing, National pro-graming and news, or Regional program-ing in the order or priority indicated,consistent with the provisions of theB a s i e Emergency Broadcast System(EBS) Plan and the Detailed StateEmergency Broadcast System (EBS)Operational Plan.

(b) Alternate NDEA Stations withinan Operational Area will stand by in astate of operational readiness to beginoperation to broadcast a common pro-gram upon cue from a Primary orAlternate NDEA station which is dis-continuing operation for any reason, orhas discontinued operation with noadvance notice, consistent with the pro-visions of the Basic Emergency Broad-cast System (EBS) Plan and the DetailedState Emergency Broadcast System(EBS) Operational Plan.

(c) Primary Relay NDEA Stations willbegin emergency program relay and dis-

tribution service In accordance with theprovisions of the Basic EmergencyBroadcast System (EBS) Plan and theDetailed Regional and State EmergencyBroadcast System (EBS) OperationalPlans.

(d) Alternate Relay NDEA Stationswill stand by in a state of operationalreadiness to begin emergency programrelay and distribution service upon cuefrom a Primary Relay or AlternateRelay NDEA station which is discontinu-ing operation for any reason, or has dis-continued operation with no advancenotice, consistent with the provisionsof the Basic Emergency Broadcast Sys-tem (EBS) Plan and the DetailedRegional and State Emergency Broad-cast System (EBS) Operational Plans.

(e) Broadcast stations which do nothold a National Defense Emergency Au-thorization (NDEA) are not authorizedto operate in the Emergency BroadcastSystem (EBS). Such stations shall dis-continue operation and remove theircarriers from the air after completion ofthe Emergency Action Notification Pro-cedures set forth in § 73.932.

(f) Stations in the InternationalBroadcast Service operating under thejurisdiction of the Federal Communica-tions Commission may under certainconditions be issued a NDEA by the Fed-eral Communications Comm'sion withconcurrence of the Director, Office ofEmergency Planning, and will transmitonly Federal Government broadcasts orcommunications. The station's carriermust be removed from the air duringperiods of no broadcast or communica-tions transmiLsons.

(g) No station shall broadcast Its callletters during an Emergency Action Con-dition. Only State and Operational Areaidentifications shall be given.

(h) All stations operating and identi-fied with a particular Operational Areawill broadcast a common program.

(I) Stations are exempted from keep-ing operating or maintenance logs dur-ing an Emergency Action Condition.Program logs should be maintainedwhere possible.

() Broadcast stations are specificallyexempt from complying with § 73.57(pertaining to maintenance of operat-ing power) while operating under theirNational Defense Emergency Authoriza-tion.§ 73.935 Emergency Broadcast System

(EBS) programing priorities.(a) Program priorities for the Emer-

gency Broadcast System (EBS) are asfollows:Priority Onc-Preidential Mczagcs.Priority Tuo-Stata Programing.Priority Thre--Operational Area (Local)

Programing.Priority Pour-National Programing and

News and Regional Programing.

(b) The Common Program ControlBroadcast Station is responslble for co-ordinating the operations of the particl-

. pating stations In the Operational Areain the broadcast of a common programfor the Operational Area in accordancewith the program priorities set forth Inparagraph (a) of this section.

(c) All authorized participating sta-tions that remain on the air in accord-

ance with the Basic Emergency Broad-cast System (EBS) Plan and the DetailedState Emergency Broadcast System(EBS) Operational Plan must carryPresidential Mezzages "live" at time oftranmtsslon.

(d) The nationwide commercial Ra-dio and Television (aural) BroadcastNetwor program distribution facilitiesshall be rezerved exclusively for the dis-tribution of Presidential Mezsages (Prior-ity One) and National Programing andNews (Priority Four). National Program-ing and News which is not broadcast atthe time of original transmission shall berecorded locally by the Common Pro-gram Control Broadcast Station forbroadcast at the earliest opportunityconsistent with Operational Area re-quirements.

(e) Reaional Programing (PriorityFour), which utilizes the approved inter-connecting distribution facilities forState Promraming, as provided in the De-tailed State Emergency Broadcast Sys-tem (EBS) Operational Plans within theFederal Region, is an integrated and co-ordinated Regional/State operation. Ifnot broadcast at the time of originaltranmi1slon. Regional/State Programingshall be recorded at the Common Pro-gram Control Broadcast Station in eachOperational Area for broadcast at theearliest opportunity.§ 73.940 Termination of Emergency Ac-

tion Condition.Upon receipt of an Emergency Action

Condition Termination, all stations oper-ating in the Emergency BroadcastSystem (EBS) wil broadcast the follow-ing Termination Me sage twice:

This conclude- operationz under the Emer-gency BrcadLat System. All brcadca.i sta-tons m.ay now resume norroal brzdr_--*operation.Unlimited time stations operating In theEmergency Broadcast System (EES) villtransmit the Termination Message twice,and then resume normal operation. Day-time Only and Limited Time broadcaststations operating in the EmergencyBroadcast System (EBS) shall alsobroadcast the Termination .1essagetwice, then operate In accordance withtheir regular authorization.

PAMCIPATION

§ 73.950 Participation in the EmergencyBroadcast System (EBS).

(a) Any licensee deiring to partici-pate voluntarily in the EmergencyBroadcast System (EBS) must prepareinnarrative form an application directed tothe estab'lishment of eligibility basedupon the criteria set forth in the BasicEmergency Broadcast System (EBS)Plan. The application should be mailedto the appropriate FCC Regional LiaisonOfficer for processing. The Federal Com-munications Commiscion may then issuea National Defense Emergency Author-Ization to the licensee authorizing par-ticipation in the Emergency BroadcastSystem (EES) consistent with the pro-visions of the approved Detailed Reg-ionaland State Emergency Broadcast System(EBS) Operational Plans.

(b) Any station participating In theEmergency Broadcast System (BS)


10187


may withdraw from participation by giv-ing 30 days written notice and by sub-mitting Its National Defense EmergencyAuthorization to the Federal Communi-cations Commission through the appro-priate FCC Regional Liaison Officer forcancellation.

(c) Any station that is denied partici-pation in the Emergency Broadcast Sys-tem (EBS) for any reason may appeal tothe Federal Communications Commis-sion for review.

TESTS§ 73.961 Tests of the Emergency Action

Notification System.Tests of the Emergency Action No-

tification System will be made at regularIntervals with appropriate entries in thestation operating log, as follows:

(a) Test transmissions using the FirstMethod of the Emergency Action Notifi-cation System utilizing the facilities ofthe Associated Press (AP) and UnitedPress International (UPI) Radio WireTeletype Networks will be conductedtwice each week. These tests will be con-ducted on Saturday at 9:30 a.m., es.t.,and on Sunday at 8:30 pan., e.s.t. TheBlue Card, identified as First MethodEAN Tests, which has been furnished toall standard, FM, and television broad-cast stations, sets forth details of thesetest transmissions.

(b) Test transmissions using the Sec-ond Method of the Emergency ActionNotification System via dedicated tele-type network between the White HouseCommunications Agency, specified con-trol points of the nationwide commercialRadio and Television Broadcast Net-works, the American Telephone and Tele-graph Co. and other specified points willbe conducted once each week at a selectedtime in accordance with the test proce-dures set forth in the Emergency Broad-cast System (EBS) Standing OperatingProcedures (EBS SOP-3). Testing of theinternal alerting facilities of the nation-wide commercial Broadcast Networks isnot necessary since these facilities areutilized in day-to-day operations.

(c) Test transmissions of the ThirdMethod of the Emergency Action Notifi-cation System will be conducted bystandard, FM, and .television broadcaststations once each week on an unsched-uled basis between the hours of 8:30 am.and local sunset. Noncommercial educa-tional FM broadcast stations with atransmitter output of 10 watts or less arenot required to conduct these tests. TheBlue Card, identified as Third MethodEAN Tests, which has been furnished toall standard, FM, and television broad-cast stations, sets forth details of thesetest transmissions.§ 73.962 Tests of Approved Intercon-

necting Systems and Facilities.Tests of approved interconnecting

systems and facilities voluntarily partici-pating In the Emergency Broadcast Sys-tem (EBS) will be conducted, as set forthbelow. Appropriate entries shall be madein the station operating log.

(a) National program distribution in-terconnecting systems and facilities (thetotal NIAC Order No. I program distribu-tion facilities) will be tested on a sched-

uled basis. This test consists of a closedcircuit transmission from 12:40-to 12:50pan., Washington, D.C. time on the firstWednesday of each month except whensuch a Wednesday is a national holiday,then the test is conducted on the follow-ing Thursday. Due to varying programscheduling of the commercial RadioBroadcast Networks involved, the indi-vidual network facilities shall remain asseparate entities for these tests. Theaudio networks associated with the videonetworks of ABC-TV, CBS-TV, or NBC-TV shall not be utilized nor are the Tele-phone Companies authorized to add anyof the unaflltated stations participatingin the Emergency Broadcast System(EBS). The American Telephone andTelegraph Co. is authorized to intercon-nect the facilities of the Intermountain(IMN) Radio Network to any one of thenationwide commercial Radio BroadcastNetworks for the duration of these closedcircuit tests, then remove such intercon-nections. Periodic tests of program dis-tribution facilities for other NIAC Orders(No. 2 through No. 63) may be conductedas desired and will be based on thor-oughly coordinated arrangements be-tween all parties involved.

(b) Tests of regional program distri-bution Interconnecting systems and fa-cilities will be conducted periodically on aclosed circuit basis as a coordinatedRegional/State operation and as pro-vided in approved Detailed Regional andState Emergency Broadcast System(EBS) Operational Plans.

(c) Tests of State program distribu-tion interconnecting systems and facili-ties should be conducted on a day-to-daybasis as periodic broadcast operationssuch as State Weather Networks, orState Association of Broadcasters Net-works. Letters granting rebroadcast au-thority shall be exchanged between allparticipating licensees in accordancewith the provisions of section 325(a) ofthe Communications Act of 1934, asamended, and Part 73 of this chapter.

(d) Operational Area common pro-gram distribution Interconnecting sys-tems, facilities, and procedures shall betested on a closed circuit basis to insureemergency readiness of such intercon-necting facilities in accordance with ap-proved Detailed State Emergency Broad-cast System (EBS) Operational Plans.

WEATHER WARNINGS§ 73.971 Emergency Weather Warnings.

Upon receipt of notification from theU.S. Weather Bureau of an EmergencyWeather Warning of a condition of im-mediate danger to life and property, allstandard, commercial, FM, and televisionbroadcast stations may, at their option,during authorized hours of operationonly, transmit the Emergency ActionNotification Attention Signal as follows:

(a) Cut the transmitter carrier for 5seconds. (Sound carrier only for TV sta-tions.)

(b) Return carrier to the ah- for 5seconds.

(c) Cut transmitter carrier for 5 sec-onds. (Sound carrier only for TV sta-tions.)

(d) Return carrier to the air.

(e) Broadcast 1,000-cycle steady-statetone for 15 seconds; then, proceed tobroadcast the text of the NmergencyWeather Warning issued by the U.S.Weather Bureau, as provided in f 3.D0and 73.296, respectively. Nothing in thissection shall be construed as permittinga standard broadcast station licensed tooperate daytime only or limited time tooperate during unauthorized hours,

NZTWosE CONNcTION§73.981 Participation by Telephoic,

Companies.(a) Telephone Companies which have

facilities available in place may, withoutcharge, connect an unailated broad-cast station to commercial networksoperated by ABC, CBS, MBS, NBC, orIMN for the duration of an EmergencyAction Condition: Provided, That:

(1) The station is authorized by theFederal Communications Commission toparticipate in the Emergency BroadcastSystem (EBS) under 1 73.950, and Is re-quired by an approved Detailed StateEmergency Broadcast System (EBS)Operational Plan to carry Presidentialor National Programing and News.

(2) The station has in service a localchannel from the station studio or trans-mitter directly to the nearest telephonecompany Principal Central Office (tolltest).

(b) During an Emergency Action Con-dition and for testing the arrangementsfor the origination of Presidential Mes-sages and National Programing andNews as provided for in NIAC OrdersNo. 1 through No. 63, telephone com-panies which have facilities in placemay, without charge, connect an orig-inating source assooiated with an appro-priate NIAC Order Number from thenearest Telephone Company Exchangeto a selected Toll Test Center, thence tothe authorized commercial Radio andTelevision (aural) Broadcast Networks:Proviaed:

(1) That the originating source has inservice a telephone company local chan-nel from the originating Point to thenearest Telephone Company Exchange.

(2) That a NIAC Order covering thisservice is requested by the White HouseCommunications Agency in accordancewith the provisiors of the Basic Emer-gency Broadcast System (EBS) Plan.

(c) Upon Issuance of the EmergencyAction Condition Termination, or com-pletion of tests as provided in paragraph(b) of this section, such telephone com-panies shall disconnect the unaffihlatedbroadcast stations and the authorizedorigination source and then restore theBroadcast Networks to their original con-figuration as individual entitles.

(d) Closed circuit tests of technicalprogram origination and distributionchannels associated with NIAC Order No.1 will be conducted as provided in1 73.962(a). These tests are in conform-ance with the provisions of this section.

(e) Closed circuit tests of technicalprogram origination and distributionchannels associated with NIAC OrdersNo. 2 through No. 63 will be conductedwhen considered desirable and when ad-vance coordinated arrangements andvoluntary agreement is accomplished


10188

among the White House Communica-tions Agency, the nationwide commercialRadio Broadcast Networks, and theAT&T. These tests are in conformancewith the provisions of this section.

(f) Every such carrier rendering anysuch free service shall make and file, induplicate, with the Federal Communica-tions Commission, on or before the 31stday of July and on or before the 31stday of January in each year, reportscovering the periods of 6 months endingon the 30th day of June and the 31st dayof December, respectively, next prior tosaid dates. These reports shall show thecall letters and locations of the broadcaststations to which free service was ren-dered pursuant to this rule and thecharges in dollars which would haveaccrued to the carrier for such servicerendered if charges therefor had beencollected at the published tariff rates. -IF.I. Doe. 67-7930; Filed, July 10, 1967;

- 8:47 am.]

Title 12-BANKS AND BANKINGChapter Ill-Federal Deposit

Insurance CorporationSUBCHAPTER B--REGULATIONS AND STATE-

1AENTS OF GENERAL POLICY

PART 328-ADVERTISEMENT OFMEMBERSHIP

Effective August 1, 1967, Part 328 ofthe rules and regulations of the FederalDeposit Insurance Corporation (12 CFRPart 328) is amended to read as follows:See.328.0 Scope.328.1 Mandatory requirements with regard

to the official sign and its display.328.2 Mandatory requirements with regard

to the officlal advertising statementand manner of use.

AuT~onrrr: The provisions of this Part 328issued under sec. 9, 64 Stat. 881; 12 U.S.C.1819. Interpret or apply see. 18, 64 Stat. 891;12 U.S.C. 1828.§ 328.0 Scope.

_The regulation contained in this partprescribes the requirements with regardto the official sign insured banks mustdisplay and the requirements with regardto the official advertising statement in-sured banks must include in their adver-tisements. It also prescribes an approvedshort title which insured banks may useat their option. It imposes no limitationson other proper advertising of insuranceof deposits by insured banks and does notapply to advertisements published in for-eign countries by insured banks whichmaintain offices in such foreign countriesin which offices the deposits are notinsured.

§328.1 Mandatory requirements withregard to the official sign and its dis.play.

(a) Insured banks to display officialsign. Each insured bank shall con-tinuously display an official sign as here-'inafter prescribed at each station orwindow where insured deposits are usu-ally and normally received in its princi-pal place of business and in all itsbranches: Provided, That no bank be-


coming an insured bank shall be requiredto display such official sign until twenty-one (21) days after Its first day of opera-tion as an insured bank. The oMclal signmay be displayed by any insured bankprior to the date display Is required.Additional signs in other sizes, colors, or

Enchi

FEDERAI

The "symbol" of the Corporation shallbe that portion of the offcial sign rep-resented by the letters and the Corpora-tion seal contained upon the sign.

(1) Any insured bank may procure of-ficial signs from the Corporation. Vari-ations in size, color, and materials in theofficial sign, as described In the "OfficialCatalog of Insured Bank Signs"-No.EDI, may be procured at no charge fromthe Corporation by insured ban:s forofficial use. The Corporation shall fur-nish to banks an order blank for use inprocuring the official signs. Any bankwhich promptly, after receipt of the or-der blank, fills it In, executes It., andproperly directs and forwards It to theFederal Deposit Insurance Corporation,Washington, D.C. 20429, shall not bedeemed to have violated this regulationon account of not displaying an officialsign, or signs, unless the bank shall omitto display such official sign or signs afterreceipt thereof.

(2) Official signs reflecting variationsin color and materials and additionalsigns reflecting variations in size, color,and materials may be procured by in-sured banks from commercial suppliers.

(c) Receipt of deposits at same telZer'sstation or window as noninsurcd ban! orinstitution. An Insured bank Is forbiddento receive deposits at any teller's stationor window where any noninsured bankor Institution receives deposits or similarliabilltieg.

(d) Required changes in oficfal sign.The Corporation may require any In-sured bank, upon at least 30 days' writtennotice, to change the wording of Its offi-cial signs In a manner deemed necesaryfor the protection of depositors or others.§ 328.2 Mandatory requirements -let re-

gard to the official advertising state-ment and manner of use.

(a) Insured banks to Include offlctaladvertising statement in all advertisc-ments except as provided in paragraph(c) of this section. Each insured bankshall include the official advertisingstatement, prescribed in paragraph (b)of this section, in all of its advertisementsexcept as provided in paragraph (c) ofthis section.

(1) An insured bank Is not required toinclude the official advertising statement

10189

materials, incorporating the basic designof the official sign, may be displayedin other locations within an insuredbank.

(b) Official sign. The ofcia sign re-ferred to in paragraph (a) of this sectionshall be of the following design:

i&positor insuredto $1,00

DEPOSIT INSURANCE CORPORATION

in Its advertisements until thirty (30)days after its first day of operation asan insured bank.

(2) In cases where the Board of Direc-tors of the Federal Deposit InsuranceCorporation shall find the application tobe meritorious, that there has been noneglect or willful violation in the observ-ance of this section and that unduehar dsp will result by reason of its re-quirements, the Board of Directors maygrant a temporary exemption from Itsprovision to a particular bank upon itswritten application setting forth thefacts. For the procedure to be followedin making such application see § 303.8of this chapter.

(3) In cases where advertising copynot including the official advertis-statement is on hand on the date therequirements of this section becomeoperative, the Insured bank may causethe official advertising statement to beincluded by use of a rubber stamp orotherwise-o

(b) Oflicfa advertising statement.The official advertsing statement shallbe in substance as follows: "Member ofthe Federal Deposit Insurance Corpora-tion'. The word "the" or the words "ofthe" may be omitted. The words "Thisbank Is a" or the words "This InstitutionIs a" or the name of the insured bankfollowed by the words "Is a" may beadded before the word "member". Theshort title "Member of FDIC" or '"Mjem-ber FDIC" or a reproduction of the"symbor' may be used by insured banksat their option as the official advertisingstatement. The official advertising state-ment shall be of such size and print to beclearly legible. Where It Is desired to usethe "symbol" of the Corporation as theofficial advertising statement, and the"symbol" must be reduced to such pro-portions that the smal lines of type andthe Corporation seal therein are indis-tinct and Illeaible, the Corporation sealin the letter C and the two lines of smalltype may be blocked out or dropped.

(c) Types of advertisements which donot require the offciaZ advertising state-ment. The following Is an enumerationof the types of advertisements whichneed not Include the oMclai advertisingstatement:

FEDERAL REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967No. 132--6


(1) Statements of condition and re-ports of condition of an insured bankwhich are required to be published byState or Federal law;

(2) Bank supplies such as stationery(except when used for circular letters),envelopes, deposit slips, checks, drafts,signature cards, deposit passbooks,certificates of deposit, etc.;

(3) Signs or plates in the bankingoffice or attached to the building orbuildings in which the banking officesare located;

(4) Listings in directories;(5) Advertisements not setting forth

the name of the insured bank;(6) Display advertisements in bank

directory, provided the name of the bankIs listed on any page in the directorywith a symbol or other descriptive matterIndicating it is a member of the FederalDeposit Insurance Corporation;

(7) Joint or group advertisements ofbanking services where the names of In-sured banks and noninsured banks orInstitutions are listed and form a part ofsuch advertisements;

(8) Advertisements by radio which donot exceed thirty (30) seconds in time;

(9) Advertisements by television, otherthan display advertisements, which donot exceed thirty (30) seconds in time;

(10) Advertisements which are of thetype or character making it impracticalto include thereon the official advertisingstatement including, but not limited to,promotional items such as calendars,matchbooks, pens, pencils, and keychains;

(11) Advertisements which contain astatement to the effect that the bank isa member of the Federal Deposit Insur-ance Corporation, or that the bank isInsured by the Federal Deposit Insur-ance Corporation, or that its depositsor depositors are insured by the FederalDeposit Insurance Corporation to themaximum of $15,000 for each depositor;

(12) Advertisements relating to themaking of loans by the bank or loanservices;

(13) Advertisements relating to safe-keeping box business or services;

(14) Advertisements relating to trustbusiness or trust department services;

(15) Advertisements relating to realestate business or services;

(16) Advertisements relating to ar-mored car services;

(17) Advertisements relating to serv-ice charges or analysis charges;

(18) Advertisements relating to se-curities business or securities departmentservices;

(19) Advertisements relating to traveldepartment business, including traveler'schecks on which the bank issuing orcausing to be issued the advertisementIs not primarily liable;

(20) Advertisements relating to sav-Ings bank life insurance.

(d) Outstanding billboard advertise-ments. Where an insured bank has bill-board advertisements outstanding whichare required to include the official ad-vertising statement and has direct con-

trol of such advertisements either bypossession or under the terms of a con-tract, It shall, as soon as it can consistentwith its contractual obligations, cause theofficial advertising statement to be in-cluded therein.

(e) Official advertising statement innon-English language. The non-Englishequivalent of the official advertisingstatement may be used in any advertise-ment: Provided, That the translation hashad the prior written approval of theCorporation.

The purpose of amended Part 328 Is toinclude the new official sign and to re-state the mandatory requirements withregard to its display and the use of theofficial advertising statement.

In view of the recent increase in de-posit insurance coverage from $10,000 to$15,000 for each depositor, a new officialsign has been adopted by the Corpora-

"'tion for use by insured banks. As wasformerly the case, the official sign mustbe displayed at each station or windowwhere deposits are received. However,the use of a substitute sign, in lieu of theofficial sign, will not be permitted.

The official advertising statement hasbeen broadened to include the short title"Member FDIC" and reproductions ofthe official sign and to permit their useby insured banks, at their option, asthe official advertising statement. Pro-motional items which are of the typeor character making it impractical toinclude thereon the official advertisingstatement are included in advertisementswhich are exempted from the require-ments as to the official advertisingstatement.

In adopting these amendments to theCorporation's rules and regulations, theBoard of Directors has found that (1) forgood cause shown prior publication ofnotice of proposed rule making In theFEDERAL REMISTER and public participa-tion in the making of rules under theprovisions of the Administrative Proce-dure Act (5 U.S.C. 553) and Part 302 ofthe Corporation's rules and regulations(12 CPR 302.1-302.7) is not required withrespect to the adoption of these amend-ments and such publication is impracti-cable, unnecessary, and contrary to thepublic interest, and (2) that a delay ofnot less than 30 days in the effective dateof said amendments after their publica-tion is not required by the provisions ofthe Administrative Procedure Act (5U.S.C. 553) and Part 302 of the Corpo-ration's rules and regulations (12 CFR302.1-302.7), since the amendments im-pose no substantial additional duties orburdens upon the public and are there-fore excepted from the 30-day prior pub-lication before the effective date require-ment of the Administrative ProcedureAct.

FEDERAL DEPOSIT INSURANCECORPORATION,

[SEALJ E. F. DoWNEY,'Secretary.

[P.R. Doe. 67-7385; Filed, July 10, 1067;8:45 axa.]

Title 13-BUSINESS CREDITAND ASSISTANCE

Chapter i-Small BusinessAdministration

PART 114-ADMINISTRATIVE CLAIMSUNDER FEDERAL TORT CLAIMS ACT

Chapter 1 of Title 13 of the Code ofFederal Regulations Is hereby amendedby adding a new Part 114 as hereinafterset out.Sec.114,100114.101114.102

114.103114.104Sec.114.105

114.106

114.107114.108114.109114.110114.111

Definitions.Scope of regulations.Administrative claim when pre-

sented; appropriate Administra-tion OMce.

Administrative claim; who may file.Investigations.

Administrative claim evidence andInformation to be submitted.

Authority to adjust, determine,compromise, and settle.

Limitations on authority.Referral to Department of Justice,Examination.Final denial of claim.Action on approved claim.

Aumioarry: The provisions of this Part 114issued under 28 U.S.C. 2672; 28 OR 14,11(31 P.R. 16618).§ 114.100 Definitions.

As used throughout this Part 114:(a) "Administration" means the Small

Business Administration;(b) "Area Board of Survey" means a

three-member board composed of theArea Counsel and representatives fromthe Area Financial Assistance and Pro-curement and Management AssistanceDivisions;

(c) "Employee" means an officer oremployee of the Administration,

(d) "Regional Board of Survey" meansa three-member board composed of theRegional Counsel and representativesfrom the Regional Financial Assistanceand Procurement and Management As-sistance Divisions;

(e) "Survey Officer" means the officerwho reviews the findings and recommen-dations of all Boards of Survey and ap-proves or disapproves such findings andrecommendations;

(f) "Washington Board of Survey"means a board composed of three votingmembers, namely: A representative ofthe Security and Investigations Division,Office of Audits and Investigations; arepresentative of the Accounting Opera-tions Division, Office of Budget andFinance; and a representative of the Of-fice Services Division, Office of Adminis-trative Services; together with onenon-voting member representing theOffice of General Counsel.

§ 114.101 Scope of regulnuionm.

This part applies only to claims as-serted under the Federal Tort ClaimsAct, as amended, 28 U.S.C. 2671-2680,accruing on or after January 18, 1907,for money damages against the UnitedStates for Injury to or loss of property orpersonal injury or death caused by the


10190


negligent or wrongful act or omission ofan employee of the Administration whileacting in the scope of his office oremployment.

§114.102 Administrative claim; whenpresented; appropriate Administra-tion office.

For purposes of this Part 114, a claimis deemed to have been presented whenthe Administration receives, at the area

or regional office nearest to the placewhere the incident occurred, an exe-cuted "Claim for Damage or Injury,"Standard Form 95, in triplicate, or otherwritten notice of an incident togetherwith a claim for money damages in asum certain for injury to or lossof prop-erty or injury or death alleged to haveoccurred as a result of the incident.'When any such written notice is given,it shall be incumbent upon the regionalor area office concerned to furnish to theclaimant the requisite copies of Stand-ard Form 95 with Instructions for com-pleting it.

§ 114.103 Administrative claim; whomay file.

(a) A claim for injury to or loss ofproperty may be presented by the ownerof -the property, his duly authorizedagent, or legal representative.

(b) A claim for personal injury maybe presented by the injured person, hisduly authorized agent, or legal represent-ative.

(c) A claim based on death may bepresented by the executor or administra-tor of the decedent's estate, or by anyother person legally entitled to assertsuch a claim in accordance with applica-ble state law.

(d) A c3im for loss wholly compen-sated by an insurer with the rights of asubrogee may be presented by the in-surer. A claim for loss partially com-pensated by an insurer vith the rightsof a subrogee may be presented by theparties individually as their respectiveinterests appear, or jointly.(e) A claim presented by an agent or

legal representative shall be presented inthe name of the claimant, be signed bythe agent or legal representative, showthe title or legal capacity of the personsigning, and be accompanied by evidenceof his authority to present a claim onbehalf of the claimant as agent, execu-tor, administrator, parent, guardian, orother representative.

§ 114.104 Investigation.

The Administration may investigate,or may request any other Federal agencyto investigate, a claim filed under thislart.§ 114.105 Administrative claims; evi-

dence and information to be sub-mditted.

(a) Death. In support of a claim basedon death, the claimant may be requiredto submit the following evidence orinformation:(1) An authenticated death certificate

or other competent evidence showingcause of death, date of death, and age ofthe decedent.

(2) Deceden's employment or occupa-tion at time of death, including his

monthly or yearly salary or earnings (ifany), and the duration of his last em-ployment or occupation.

(3) Full names, addresses, birth dates,kinship, and marital status of the de-cedent's survivors, including identiflca-tion of those survivors who were depend-ent for support upon the decedent at thetime of his death.

(4) Degree of support afforded by thedecedent to each survivor dependentupon him for support at the time of hisdeath.

(5) Decedent's general physical andmental condition before death.

(6) Itemized bills for medicml andburial. expenses incurred by reason ofthe incident causing death or Itemizedreceipts of payment for such expenses.

(7) If damages for pain and sufferingprior to death are claimed, a physician'sdetailed statement specifying the inju-ries suffered, duration of pain and suf-fering, any drugs administered for pain,and the decedents physical condition inthe interval between injury and death.

(8) Any other evidence or informationwhich may have a bearing on either theresponsibility of the United States forthe death or the damages claimed.

(b) Pe ronal inlurvi. In support of aclaim for personal injury, Including painand sufferng, the claimant may be re-quired to submit the following evidenceor information:

(1) A written report by his attendingphysician or dentist setting forth thenature and extent of the injury, natureand treatment, any degree of temporaryor permanent disability, the prognosis,period of hospitalization, and any dimin-ished earning capacity. In addition, theclaimant may be required to submit toa physical or mental examination by aphysician employed by the Administra-tion or another Federal agency. A copyof the report of the examining physicianshall be made available to the claimantupon the claimant's written request:Provide4, That he has, upon request,furnished the report referred to In thefirst sentence of this subparagraph andhas made or agrees to make available tothe Administration any other physician'sreports previously or thereafter madeof the physical or mental condition whichIs the subject matter of his claim.

(2) Itemized bills for medical, dental,and hospital expenses incurred, or Item-ized receipts of payment for suchexpenses

(3) If the prognosis reveals the neces-sity for future treatment, a writtenstatement of expected expenses for suchtreatment.

(4) If a claim Is made for loss of timefrom his employment, a statement fromhis employer showing actual time lostfrom employment, whether he Is a full-or part-time employee, and wages orsalary actually lost.

(5) If a claim is made for loss of in-come and the claimant Is self-employed,documentary evidence showing theamount of earnings actually lost.

(6) Any other evidence or informa-tion which may have a bearing on eitherthe responsibility of the United Statesfor the personal injury or the damagesclaimed.

(c) Prope damage- In support of aclaim for damage to or loss of Property,real or personal, the claimant may berequired to submit the following evidenceor Information:

(1) Proof of ownership.(2) A detailed statement of the

amount claimed with respect to eachitem of property.

(3) An itemized receipt of paymentfor necessary repairs or Itemized writtenestimates of the cost of such repairs.

(4) A statement listing date of pur-chase. purchase price and salvage value,where repair is not economical

(5) Any other evidence or informationwhich may have a bearing on either theresponsibility of the United States forthe damage to or lom of Property or thedamages claimed.§ 114.106 Authority to adjust, deter-

mine_, compromise, and settle.(a) Upon presentation of a claim and

appropriate Investigation thereof, theBoard of Survey of the area or regionaloffce to which the claim, was presentedshall consider all of the evidence andenter the Board's findings of fact, con-cluslons, and recommendations. There1hnal be appended to the Board's findingsof fact, conclusions, and recommenda-tions, a legal opinion of the Area or Re-gional Counsel regarding the liability ofthe United States under the applicablestate law governing negligence and otherrelated matters. The Area or RegionalBoard of Survey shall establish a casefile containing all documents related tothe claim and the incident out of which itarose. The file shall also contain theBoard's findings of fact, conclusions, andrecommendations, and the legal opinionof the Area or Regional Counsel. The fileshall be forwarded to the Chairman ofthe Washington Board of Survey afterthe Area or Regional Board of Survey hasperformed its function.

(b) The Washington Board of Surveyshall review the case and submit itsrecommendations In a report to the Sur-vey OfIcer. A representative of the Officeof General Counsel, normally thenonvot-Ing member of the Washington Board ofSurvey, shall review the submitted legalopinions regarding the liability of theUnited States under applicable State lawgoverning negligence and related mat-ters and, in the event of disagreement,shall render a separate legal opinion tothe WashingtonBoard of Survey. The re-port and legal opinion, if any. shall beprepared In an original and five coplesand shll be attached to the case file.(c) If the Survey Officer approves

the recommendation of the WashingtonBoard of Survey to pay the claim, theChairman of the Washington Board ofSurvey shall complete an original copyof Standard Form 1145 and two memo-randum copies of Standard Form 1145A,"Voucher for Payment Under FederalTort Claims Act." The Chairman shallforward said copies to the claimant forhis signature and acceptance.(d) Upon receiving the Standard

Forms 1145 and 1145A from the Claim-ant, the Chairman of the WashingtonBoard of Survey hall-attach the formsto the case file and forward the file to


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the Administrator or his designee forfinal approval.

(e) If the Survey Officer disapprovesthe recommendations of the WashingtonBoard of Survey that the claim be paid,the case file shall be forwarded immedi-ately to the Administrator or his des-ignee for final action. If the Adminis-trator or his designee concurs with theSurvey Officer, this shall constitute afinal agency denial of the claim and ap-propriate notice shall be given the claim-ant as provided in § 114.110 of this part.If the Administrator or his designee dis-agrees with the Survey Officer, StandardForms 1145 and 1145A shall be preparedand forwarded to the claimant as pro-vided for in paragraph (c) of this sec-tion. After the claimant has signed andreturned them, the Administrator or hisdesignee shall sign them.

(f) If the Area or Regional Board ofSurvey or the Washington Board of Sur-vey recommends that the claim not bepaid, the claim shall nevertheless beprocessed to final action by the Admin-istrator or his designee through all theappropriate stages outlined in the pre-ceding paragraphs of this section.§ 114.107 Limitations on authority.

(a) An award, compromise, or settle-ment of a claim in excess of $25,000 filedunder this part shall not be effected with-out prior written approval of the U.S.Attorney General or his designee. Forpurposes of this paragraph, a principalclaim and any derivative or subrogatedclaim shall be treated as a single claim.

(b) An administrative claim may beadjusted, determined, compromised, orsettled under the Federal Tort ClaimsAct only after consultation with theDepartment of Justice when, in the opin-ion of the nonvoting member of theWashington Board of Survey and withthe concurrence of the General Counsel:

(1) A new precedent or a new point oflaw is involved; or

(2) A question of policy is or may beinvolved; or

(3) The United States is or may beentitled to indemnity or contributionfrom a third party and the Administra-tion is unable to adjust the third partyclaim; or

(4) The compromise of a particularclaim, as a practical matter, will or maycontrol the disposition of a related claimin which the amount to be paid mayexceed $25,000.

(e) An administrative claim may beadjusted, determined, compromised, orsettled by fhe Administration under theFederal Tort Claims Act only after con-sultation with the Department of Justicewhen the Administration is informed oris otherwise aware that the United Statesor an employee, agent, or cost-plus con-tractor of the United States is involvedin litigation based on a claim arising outof the same incident or transaction.

§ 114.108 Referral to Department ofJustice.

When Department of Justice approvalor consultation is required u n d e r1 114.107, or the advice of the Depart-ment of Justice is otherwise to be re-

quested, the referral or request shall besent to the Assistant Attorney General,Civil Division, Department of Justice, inwriting and shall contain (a) a shortand concise statement of the facts andof the reasons for the referral or request,(b) copies of relevant portions of theAdministration's claim file, and (c) astatement of the recommendations orviews of the Administration. Such refer-rals may be made any time after thepresentment of a claim to the Admin-istration, and shall be transmitted bythe General Counsel or his designee.

§ 114.109 Examination.The Administration may request any

other Federal agency to conduct a phys-ical examination of a claimant and pro-vide a report of the physical examina-tion. Where reimbursement for suchservices is authorized or required bystatute or regulation, the Administrationmay reimburse any Federal agencywhich conditions its compliance with theAdministration's request upon such re-imbursement.

§ 114.110 Final denial of claim.Final denial of an administrative claim

shall be in writing and sent to the claim-ant, his attorney, or legal representativeby certified or registered mall. The notifi-cation of final denial may include astatement of the reasons for the denialand shall include a statement that, Ifthe claimant is dissatisfied with theagency action, he may file a suit in anappropriate U.S. District Court not laterthan 6 months after the date of mailingof the notification.

§ 114.111 Action on approved claim.(a) Payment of a claim approved

under this part is contingent upon theclaimant's or his duly authorized agent'sor legal representative's executing therequisite copies of Standard Form 95,Standard Form 1145, and Standard Form1145A. When a claimant is representedby an attorney, the voucher shall desig-nate both the claimant and his attorneyas payees. The check shall be deliveredto the attorney, whose address shallappear on Standard Form 1145, voucherfor payment of a claim under the FederalTort Claims Act.

(b) Acceptance by the claimant, hisagent, or legal representative, of anyaward, compromise, or settlement madepursuant to the Federal Tort Claims Actshall be final and conclusive on theclaimant, his agent or legal representa-tive and any other person on whose be-half or for whose benefit the claim hasbeen presented, and shall constitute acomplete release of any claim againstthe United States and against any em-ployee of the Government whose act oromission gave rise to the claim, by reasonof the same subject matter.

Effective date: June 29, 1967.

BERNARD L. BOUTiN,Administrator.

[F.R. Doc. 67-7915; Filed, July 10, 1967;8:46 am.]

Title 14-AERONAUTICS ANDSPACE

Chapter I-Federal, Aviation Adminis-tration, Department of Transporta-tion

[Airspace Docket No. 8-OXA04]

PART 71-DESIGNATION OF FEDERALAIRWAYS, CONTROLLED AIRSPACE,AND REPORTING POINTSAlteration of Federal Airways

On February 4, 1967, a notice of pro-posed rule making was published lit theFEDERAL RicGISTXR (32 P.R. 2452) statingthat the Federal Aviation Agency wasconsidering amendments to Part 71 ofthe Federal Aviation Regulations thatwould realign V-120 and V-15 westalternate via the Mitchell, S. Dak., VOR.

Interested persons were afforded anopportunity to participate in the pro-posed rule making through the submis-sion of comments. All comments re-ceived were favorable.

In consideration of th3 foregoing, Part71 of the Federal Aviation RegulationsIs amended, effective 0001 e.s.t., October12, 1967, as hereinafter set forth.

Section 71,123 (32 F.R. 2009) Isamended as follows:

1. In V-15 all between "12 AOL Huron,S. Dak.," and "12 AOL Aberdeen,S. Dak.," is deleted and "including a 12AGL west alternate from Sioux Falls toHuron via Mitchell, S. Dak.;" In sub-stituted therefor.

2. In V-120 "12 AGL Sioux Palls,S. Dak.;" is deleted and "12 AOL Mitch-ell, S. Dak.; 12 AGL Sioux Falls, S. Dak.;"Is substituted therefor.(Sec. 807(a), Federal Aviation Act of 1056;49 U.S.C. 1348)

Issued In Washington, D.C., on July 3,1967.

T. McCoaMAMc,Acting Chief, Airspace and

Air Traffic Rules Division.[P.R. Dec. 67-7943; Fled, July 10, 1967;

8:48 a.m.]

[Airspace Docket No, 66-WE-70]

PART 71-DESIGNATION OF FEDERALAIRWAYS, CONTROLLED AIRSPACE,AND REPORTING POINTSAlteration of Control Zone and

Transition AreaOn April 15, 1967, a notice of proposed

rule making was published In the Fen-ERAL REGISTER (32 F.R. 6060) stating thatthe Federal Aviation Administration wasconsidering amendments to the FederalAviation Regulations that would alter thecontrolled airspace in the vicinity ofNorth Bend, Oreg.

Interested persons were afforded anopportunity to participate in the pro-posed rule making through the submis-sion of comments. The only comment re-ceived was from the Air Transport Asso-clation, and they interposed no objection.


10192


In consideration of the foregoing, Part71 of the Federal Aviation Regulationsis amended, effective 0001 ex.t., Septem-ber 14, 1967, as hereinafter set forth.

1. In § 71.171 (32 FR. 2071) the NorthBend, Oreg., control zone is amendedto read:

NORTH BE=, Cas.

Within a 5-mlle radius of North BendMunicipal Airport (latitude 43°25'00" N.,longitude 121-14'451" W); within 2 mileseach side of the North Bend VORTAC 0440radial, extending from the 5-mile radiuszone to 6.5 miles northeast of the VORTAC;within 2 miles each side of the North BendVORTAC 1110 radial, extending from the5-mile radius zone to 4.5 miles east of theVORTAC, and within 2 miles each side of a330- bearing from the North Bend RBN ex-tending from the 5-mile radius zone to 8miles northwest of the airport.

2. In § 71.181 (32 F.R. 2148) the NorthBend, Oreg., transition area is amendedto read:

NORTH BEsD, OsEe.

That airspace extending upward from 700feez above the surface within 2 miles eachside of the North Bend VORTAC 001a radial,extending from the VORTAC to 6 milesnorth of the VORTAC; within 2 miles eachside of the North Bend VORTAC 0230 radial,extending from the VORTAC to 8 milesnortheast of the VORTAC; within 2 mileseach side of the North Bend VORTAC 0440radial, extending fromj the VORTAC to 11miles northeast of the VORTAC; within 2miles each side of the North Bend VORTAC090' radial, extending from the VORTAC to8 miles east of the VORTAC; within 2 mileseach side of the North Bend VORTAC 1110radial, extending from the VORTAC to 13miles east of the VORTAC; within 2 mileseach side of the North Bend VORTAC 182'radial, extending from the VORTAC to 5miles south of the VORTAC; within 2 mileseach side of the North Bend VORTAC 2700radial, extending from the VORTAC to 10miles -west of the VORTAC; and that air-space extending upward from 1,200 feetabove the surface within a 22-mile radius ofthe North Bend VORTAC, extending clock-wise from the east edge of V-27, south ofthe VORTAC to the east edge of V-287north of the VORTAC; within 5 miles northand 8 miles south of the North Bend VOR-TAC 090' radial, extending from the VOR-TAC to 12 miles east of the VORTAC.(Sees. 307(a), 1110, Federal Aviation Act of1958, 49 U-S.C. 1348, 1510; Executive Order10854, 24 FM. 9565)

Issued in Washington, D.C., on June 30,1967.

T. McCoRIAcx,Acting Chief, Airspace and

Air Traffic Rules Division.[P.R. Doc. 67-7916; Filed, July 10. 1967;

8:46 a.m.]

[Airspace Docket No. 67-SW-43]

PART 71-DESIGNATION OF FEDERALAIRWAYS, CONTROLLED AIRSPACE,AND REPORTING POINTSAlteration of Control Zone and

Transition AreaThe purpose of this amendment to Part

71 of the Federal Aviation Regulationsis to alter the Albuquerque, N. Mex.,c6ntrol zone and transition area by de-leting the controlled airspace which isbased on the Albuquerque RBN. This ac-tion is necessary since the Albuquerque,

N. Mex., RBN has been decommissioned,the facility converted to an SABH aid,and the instrument approach procedurebased on the Albuquerque R1BN has beencanceled.

Since this amendment is less restric-tive in nature, and lessens the burdenon the public, notice and public proce-dures hereon are unnecessary and theamendment may be made effectiveimmediately.

In consideration of the foregoing. Part71 of the Federal Aviation Regulationsis amended, effective immediately, ashereinafter set forth.

In § 71.171 (32 F.R. 2072) the Albu-querque, N. lex. (Albuquerque SunportAirport/Kirtland AFB) control zone isamended by deleting "* " within 2miles each side of the 1880 bearing fromthe Albuquerque RBN extending fromthe 5-mile radius zone to 7 miles south6f the RBN; * • ."

In § 71.181 (32 P.R. 2149) the Albu-querque, N. Mlex., transition area isamended by deleting "" " within 2miles each side of the 1880 bearing fromthe Albuquerque RBN, extending fromthe 14-mile radius area to 12 miles southof the RBN; * 0 * "

(Sec. 307(a). Federal Aviation Act of 1938;49 U.S.C. 1348)

Issued In Fort Worth, Tem., on June 30,1967.

A. L. CouLTEn,Acting Director, Southwest Region.

[F.R. Doc. 67-7917; Filed. July 10, 1067;8:40 am.L]

[Airspace Docket No. 60--A-97]

PART 71-DESIGNATION OF FEDERALAIRWAYS, CONTROLLED AIRSPACE,AND REPORTING POINTS

Alteration of Transition AreaOn page 6579 of the FDEZAL REGLr

for April 28, 1967, the Federal AviationAdministration published a proposedrule which would alter the Akron, Ohio,700-foot transition area.

Interested parties were given 30 daysafter publication in which to submitwritten data or views. No objections tothe proposed regulations have beenreceived.

In view of the foregoing, the pro-posed rule is adopted effective 0001 ex.t.,August 17, 1967.(Sec. 307(a). Federal Aviation Act of 1958;72 Stat. 749; 49 U.S.C. 1348)

Issued in Jamaica, N.Y., on June 19,1967.

WAYVE HEzIEnsnor,Acting Director, Eastern Region.

1. Amend § 71.181 of Part 71 of theFederal Aviation Regulations so as toalter the Akron, Ohio, 700-foot floortransition area by adding the dezcrip-tion of the 700-foot-floor transition areafollowing the phrase "extending from theAkron-Canton OM to 12 miles south ofthe OM;" the following:

within a 5-mile radius of the Andrew W.Paton of Kent State Unlversity Airport, Kent,Ohio (41c09'0511 N., 81,25'0511 W.); within2 mUles each aide of the Ahron VORTAC 235'radial, extending from the Andrew WT. Paton

of Kent State Univerrity Airport 5-mileradfiu area to the VORtTAC; within 2 mileseach cide of the Akron PB1N 344 and C41bearingu, extending from the Andrew 7.Paton of Kent Stato University Airport 5-mile radlus area to 8 miles couth of the RBN.

[P.R. Do-- 67-7918: FileS1, July 10, 19G7;3:48 a.m.]

[Airspace Dzzl:ct No. 67-SW-401


Alteration of Transition AreaTine purpose of this amendment to

Part 71 of the Federal Aviation Regula-tions Is to alter the Corpus Christi, Tex.,transition area.

The Corpus Christi, Ten., transitionarea is descr-bd in section 71.181 (32r.R. 2173). A portion of the 700-foottransition area is dezcribed as "s *within 2 miles each side of the CorpusChristi RBN 048' bearing, extendingfrom the International Airport 6-mileradius area to 8 miles northeast of theRBN.V1

The Corpus Christ RB1 is scheduledfor relocation and Is no longer opera-tional. It is therefore necessary to amendthe Corpus Christi, Ten., transition areaby deleting the controlled airspace whichwas bascd on the RBN.

Since this amendment lessens the bur-den on the public, notice and public pro-cedure hereon are unnecessary.

In consideration of the foregoing,Part 71 of the Federal Aviation Regula-tions is amended, effective immediately,as hereinafter set forth.

In § 71.181 (32 P.R. 2173) the CorpusChristi, Ten., transition area is amendedby deleting " " " within 2 miles eachside of the Corpus Christi RBN 0-48'bearing, e-tending from the Interna-tional Arport 6-mile radius area to 8miles northeast of the RBN * 0 *."(Sec. 307(a), Federal Aviation Act of 1953;49 U.S.C. 1348)

Issued in Fort Worth, Tex., onJune 30,1967.

A. I. COULTEn,Acting Director, Southwest Region.

IF[P.. D=. 67-7919; Filed, July 10, 1967;8:46 am.]

[Airopace Docket No. 67-S0-9j


Designation of Control Zone;Alteration

On February 18, 1967. P.R. Doc.67-1872, effective March 2,1967, was pub-lis;hed in the FxozaAr REarsTzn (32 P.R.3049), amending Part 71 of the FederalAviation Re-ulations by altering theeffective times of designation of theCharlotte Amalie, Saint Thomas, V.1.(Harry S. Truman Airport), controlzone.

In the above document, the lastsentence of the deccription of the controlzone read as follows: "The effective dateand time will thereafter be continuously


10193


published in the Airman's InformationManual."

Information concerning Puerto Rico,Swan Island, and Virgin Islands will bedropped from the Airman's InformationManual and published in the Interna-tional Flight Information Manual andthe International Notams publication.Therefore, it will be necessary to amendthe last sentence in the description of theabove control zone.

Since this amendment Is editorial innature, notice and public procedurethereon are unnecessary.

In consideration of the foregoing,effective immediately, FR. Doc. 67-1872Is amended as follows:

The last sentence in the description ofthe Charlotte Amalie, Saint Thomas, V.I.(Harry S. Truman Airport), control zoneis deleted and "The effective date andtime will thereafter be continuously pub-lished in the FAA publication Inter-national Notams." is substituted therefor.

Since this action involves, in part, air-space outside the United States, theAdministrator has consulted with theSecretary of State and the Secretary ofDefense in accordance with the pro-visions of Executive Order 10854.(Sees. 807(a), 1110, Federal Aviation Act of1958, 49 U.S.C. 1348 and 1510; Executive Or-der 10854, 24 F.R. 9565)

Issued in Washington, D.C., onJune 30, 1967.

T. McConAacx,Acting Chiel, Airspace and

Air Traffic Rules Division.[P.R. Doc. 67-7921; Filed, July 10, 1987;

8:46 am.]

[Airspace Docket No. 67-WE-13]

PART 73-SPECIAL USE AIRSPACE

Alteration of Restricted AreaOn April 28, 1967, a notice of proposed

rule making was published in the FED-ERAL RICGISTER (32 P.R. 6582) stating thatthe Federal Aviation Administration wasconsidering an amendment to Part 73of the Federal Aviation Regulations thatwould increase the time of designationof Restricted Area R-2518, Offshore ofCalifornia.

Interested persons were afforded anopportunity to participate in the pro-posed rule making through the submis-sion of comments. One comment wasreceived which interposed no objection.

In consideration of the foregoing, Part73 of the Federal Aviation Regulationsis amended, effective 0001 e.s.t., August17, 1967, as hereinafter set forth.

In § 73.25 (32 P.R. 2297, 5709)Restricted Area R-2518 Offshore ofCalifornia, is amended as follows: "Timeof designation. Sunrise to sunset." isdeleted and "Time of designation. Sun-rise to 2000 local time." s substitutedtherefor.(Sec. 807(a), Federal Aviation Act of 1958;49 U.S.C. 1848)

Issued in Washington, D.C., on July 3,1967.

H. B. HILSOX,Acting Director, Air Traffic Service.

[P.R. Doe. 67-7944; Filed, July 10, 1987;8:48 am.]

Title 15-COMMERCE ANDFOREIGN TRADE

Chapter II-National Bureau ofStandards, Department of Commerce

SUBCHAPTER A-FEE SCHEDULES FORMEASUREMENT SERVICES

PART 200-GENERALPursuant to authority contained in 15

U.S.C. 275a and 277, the following revi-sion, effective upon publication in theFEDEmL REGISER, supersedes in its en-tirety Part 200 of Subchapter A, ChapterII, Title 15 of the Code of Federal Regu-lations previously issued. This revisionrestates and' expands the statement ofpolicies and procedures relating to vari-ous measurement services, includingcalibrations and tests.Sec.200.100200.101200.102200.103

200.104200.105200.106200.107200.108200.109200.110200.111

200.112200.113200.114200.115200.116200.117

Statutory functions.Measurement research.Standards for measurement.Types of calibration and test serv-

ices.Consulting and advisory services.Standard reference materials.Critically evaluated data.Publications.Broadcasts.Request procedure.Shipping, insurance, and risk of loss.Identification and operability of de-

vices submitted.Priority and time of completion.Witnessing of operations.Reports.Use of results.Fees.Billing charges.

Au rosrry: The provisions of this Part200 Issued under sec. 9, 51 Stat. 1450, asamended; 15 U.S.C. 27. Interprets or appliessec. 7, 70 Stat. 959; 15 U.S.C. 275a.

§ 200.100 Statutory functions.(a) The National Bureau of Standards

has been assigned the following func-tions (15 U.S.C. 271-278e):

(1) The custody, maintenance, anddevelopment of the national standardsof measurement, and the provision ofmeans and methods for making meas-urements consistent with those stand-ards, including the comparison of stand-ards used in scientific investigations,engineering, manufacturing, commerce,and educational institutions with thestandards adopted or recognized by theGovernment.

(2) The determination of physicalconstants and properties of materialswhen such data are of great importanceto scientific or manufacturing interestsand are not to be obtained of suffIcientaccuracy elsewhere.

(3) The development of methods fortesting materials, mechanisms, andstructures, and the testing of materials,supplies, and equipment, including items

purchased for use of Government de-partments and independent establish-ments.

(4) Cooperation with other govern-mental agencies and with private orga-nizations in the establishment of stand-ard practices, incorporated in codes andspecifications.

(5) Advisory service to Governmentagencies on scientific and technicalproblems.

(6) Invention and development of de-vices to serve special needs of the Gov-ernment.

(b) The calibration and testing activi-ties of the Bureau stem from the func-tions in paragraph (a) (1) and (3) ofthis section. These activities are assignedprimarily to the NBS Institute for BasicStandards. Its program provides the cen-tral basis within the United States fora complete and consistent system ofphysical measurement; coordinates thatsystem and the measurement system ofother nations; and furnishes essentialservices leading to accurate and uniformphysical measurements throughout theNation's scientific community, industry,and commerce.

(c) The provision of standard refer-ence materials for sale to the public isassigned to the Office of Standard Refer-ence Materials of the NBS Institute forMaterials Research. It evaluates the re-quirements of science and Industry forcarefully characterized reference mate-rials, stimulates the Bureau's efforts todevelop methods for production of neededreference materials and directs theirproduction and distribution. The Itemsavailable under this program are listedin Subchapter B of this chapter.

(d) The provision of technical serv-ices to facilitate technical Innovation andindustrial use of the results of modernscience and technology Is assigned to theNBS Institute for Applied Technology,The principal elements of the Instituteare (1) a Textiles and Apparel Tech-nology Center furnishing specializedtechnical services to that industry; (2)technical divisions which provide serv-ices in technology of more general ap-plicability; (3) the Clearinghouse forFederal Scientific and Technical Infor-mation which promotes widest effectiveuse by the scientific community, indus-try, and commerce of current informa-tion in all fields of industrial technology;and (4) a Center for Computer Sciencesand Technology which conducts researchand provides technical services designedto improve cost effectiveness in the con-duct of agency programs through the usoof computers and related techniques.§ 200.101 Measurement research.

(a) The NBS Institute for BasicStandards carries out the Bureau's func-tion in developing an adequate nationalsystem of physical measurement, andin providing related calibration services.Its staff continually reviews the advancesin science and the trends in technology,examines the measurement potentialitiesof newly discovered physical phenomena,and uses these to devise and improvestandards, measuring devices, and meas-


10194


urement techniques. As new require-ments appear, there are continual shiftsof program emphasis to meet the mosturgent needs for the measurement ofadditional qilantities, extended ranges,or improved accuracies.

(b) The basic research and develop-ment activities of the Bureau are pri-marily funded by direct appropriations,and are aimed at meeting broad generalneeds. When necessary, the Bureau alsoundertakes investigations or develop-ments to meet some specialized physicalmeasurement problem of another gov-ernment agency, industrial group, ormanufacturing firm, using funds suppliedby that organization.§ 200.102 Standards for measurement.

(a) (1) An international treaty, theMetric Convention, was signed by 18countries in 1875. In 1893 the UnitedStates established prototype No. 27 of theinternational meter bar and prototypeNo. 20 of the international kilogram asU.S. Prototype Standards for length andmass. Representatives of many of the 80nations now adhering to this treaty meetperiodically, in the General Conferenceof Weights and Measures, to considerdetailed proposals concerning interna-tional standards for physical measure-ment. The 11th Conference (1960) re-defined the meter in terms of wave-lengths of kiypton 86 light, and agreedto adopt six units to serve as a practicalbase for an International System ofUnits (abbreviated SI from the French,Systime International)-kilogram, me-ter, second, degree Kelvin, ampere, andcandela. These are arbitrarily chosenbut precisely defined magnitudes of sixquantities of the-physical world-mass,length, time, temperature, electric cur-rent, and luminous intensity, respec-tively-which are assigned unitary valuein the International System. The unitsof the English System-pound, inch,second, degree Fahrenheit, etc.-and ofother systems of units are related to theSI units by agreed-upon conversion fac-tors. Consistent units for all other phy-sical quantities needed by science andtechnology can be derived from, andtheir numerical values are fixed by, theseSI units.

(2) The SI units for the six quantitiesare defined as follows:

(i) In terms of a prototype object:(a) Mass. The kilogram is the mass of

a platinum-iridium cylinder preservedat the International Bureau of Weightsand Measures of Sevres, France. Proto-type No. 20 is kept at NBS; equivalentprototypes are kept by other countries.

(ii) In terms of natural phenomena:(a) Length. The meter is the length

of exactly 1,650,763.73 wavelengths ofradiation in vacuum corresponding to theunperturbed transition between the levels2po and 5d of the atom of krypton 86,the orange-red line.

(b) Time interval. The second waslong defined as 1/86400 of the time re-quired for gn average complete rotationof the earth on its axis with respect tothe sun This led to the universal timescale (UT). Because of the slight siow-Ing of the earth's average rotation rate

(from 5 to 6 ms per year, each year), andother larger random fluctuations, theuniversal second thus defined Is not aconstant. The 11th Conference (1960)ratified the following definition: "the-econd is the fraction 1/31,556,925.9747of the tropical year for January 0, 1900at 12 o'clock ephemerls time." The 12thConference (1964) authorized the des-ignation of an atomic standard of fre-quency to be used temporarily for thephysical measurement of time. Thestandard designated is "the transitionbetween the hyperfine levels F=4, 111=0,and F=3, M=0 of the ground state2.m of the cesium 133 atom not perturbedby external fields, and the value 9,192,-631,770 hertz is assigned to the frequencyof this transition" Experimental evi-dence indicates that the two alternativedefinitions of the second are consistentwithin expected uncertainties.

(c) Temperature. The degree Kelvinis 1/273.16 of the thermodynamic tem-perature range between the triple pointof water and absolute zero.

(d) Electric current. The ampere Isthat constant current which If main-tained in two straight parallel conduc-tors of infinite length, of negligible cir-cular sections, and placed I meter apartin a vacuum, would produce betweenthese conductors a force equal to 2 x 10 1newton per meter of length.

(e) Luminous intensity. The candelais the luminous intensity of 1/60 of 1square centimeter of projected area of ablackbody radiator at the temperatureof freezing platinum.

(b) (1) Although the six base units,and others derived from them, are ex-actly defined, their practical use requiresa realization through the developmentof accurate measurement standards.Measurement standards may be based onphysical phenomena, specimen objects,signal sources, or reference instruments.Extensive theoretical studies and labora-tory experiments are involved in theirselection, design, construction, andoperation.

(2) It will be noted that a kilogrammass standard can be calibrated onlythrough a series of comparisons, startingfrom the International Prototype. Theunits for the other five base quantities,and all quantities derived from them,are in principle independently realizablein many laboratories. In practice, how-ever, inevitable minor differences amongInstruments, environments, and opera-tors are bound to introduce small dis-crepancies. Periodic comparison ofstandards and the resolution of thesediscrepancies is required for compatibil-ity among domestic standards labora-tories, as well as internationally.

(3) Within the United States, NBSconsults with the major industrial andgovernmental standards laboratories,and cooperates with the Department ofDefense and the National Conference ofStandards Laboratories in conductingmeasurement agreement comparisons.Periodic - intercomparisons of Bureaustandards with those of other countriesare made through the InternationalBureau of Weights and Measures,through international scientific organi-

sations, or by direct arrangement. Theoperations of the International Bureauare supervised by the General Confer-ence of 'Weights and .$e-asures, to whichUS. delegates are appointed by theDepartment of State.

(4) Frequency and time comparisonswithin the United States are made be-tween the National Bureau of Standards,the U.S. Naval Observatory, and manu-facturers of frequency standards. Thedata from worldwide astronomical ob-servations and from standards labora-tories in many countries are coordinatedby the International Bureau of theHour, which announces recommendedapproxhmations for the rate differencebetween atomic and universal time, aswell as for epoch adjustments.§ 200.103 Types of calibration and test

serivices.(a) The Bureau has developed instru-

mentation and techniques for realizingstandards for the six base units of theInternational System of Units, as agreedupon by the General Conference ofWeights and Measures. Reference stand-ards have been established not only forthese six base units, but also for manyderived quantities and their multiplesand submultiples. Such reference stand-ards, or equivalent working standard,are used to calibrate laboratory andplant standards for other organizations.Accuracy Is maintained by stabilitychecks, by comparison with the stand-ards of other national and internationallaboratories, and by the exploration ofalternative technique as a means ofreducing poz.ble systematic error.

(b) .Calibrations for many types ofInstruments and ranges of physicalquantities are described in the itemizedschedules of this Subchapter. (See also1NBS Miscellaneous Publication 250,2"Calibration and Test Services of theNational Bureau of Standards,)Charges for many services are basedupon established fees, while charges forcome services are billed on the basis ofactual costs Incurred. (See subsequentParts of this Subchapter for descriptionof service items and schedule of fees.)Changes in services and fees are pub-lished in the FmzAr RmisTm Suchchanges are announced also in supple-ments to Miscellaneous Publication 250and in the monthly NBS Technical NewsBulletin1

(c) Conzideration will always be givento requests involving unusual physicalquantities, upper or lower extremes ofrange, higher levels of accuracy, fastresponse speeds, short durations, broaderranges of associated parameters, orspecial environmental conditions. Suchinquiries should describe as clearly aspozsible the measurement desired andthe scientific or economic basis for therequirement to be satisfied.

(d) The BureauWs principal emphasisIs on those calibrations and other testsrequiring such accuracy as can be ob-tained only by direct comparison with its

'For rcle by the Superintendent of Iccu-ment3, U.S. Government Printing Office,W achington, D.C. 20402.


10195


reference standards. However, in order tomaintain efficient utilization of special-ized equipment and skilled personnel,NBS will at times undertake upon requestto calibrate devices requiring lesser ac-curacy but suitable for working stand-ards in plant or laboratory.

(e) Other services which may be ob-tainable include:

(1) Tests of measuring instrumentsto determine compliance with specifi-cations or claims, when the evaluationis critical in national scientific or tech-nical operations, and when suitablefacilities are not available elsewhere.

(2) Referee tests in important caseswhen clients are unable to agree uponthe method of measurement, the resultsof tests, or the interpretation of theseresults, but have agreed in advance inwriting to accept and abide by the find-ings of the Bureau.

(f) In general, measurement servicesare not provided for organizations orindividuals in foreign countries.

(g) The Bureau reserves the right todecline any request for services if thework would interfere with other activi-ties deemed by the Director to be ofgreater importance.

§ 200.104 Consulting and advisory serv-ices.

(a) In areas of its special competence,the Bureau offers consulting and advis-ory services on physical or mathematicalproblems related to measurement, e.g.,unusual or extreme conditions, methodsof statistical control of the measure-ment process automated acquisition oflaboratory data, and data reduction andanalysis by computer. The Bureau at itsdiscretion may make appropriatecharges for rendering such services; thecharges would be based upon actualcosts.

(b) To enhance the competence ofstandards laboratory personnel, theBureau conducts annually several groupseminars on the precision measurementof specific types of physical quantities,offering the opportunity of laboratoryobservation and informal discussion. A2-week summer course in electromag-netic measurements and standards isconducted biennially by the NBS RadioStandards Laboratory.

(c) Suggestions will be offered onmeasurement techniques and on cthersources of assistance on calibration ormeasurement problems when the Bu-reau's own equipment and personnel areunable to undertake the work. The Na-tional Conference of Standards Labora-tories issues a Directory of StandardsLaboratories in the United States (ob-tainable from NCSL Secretariat, c/o Na-tional Bureau of Standards, Washington,D.C. 20234.) Others are listed in theASTM Directory of Testing Laboratories,Commercial and Institutional. (Direc-tory available from the American Societyfor Testing and Materials, 1916 RaceStreet, Philadelphia, Pa. 19103.) Similarlistings appear in buyer's guides for com-merical products and in technical Jour-nals concerned with physical measure-ment.

§ 200.105 Standard reference materials.Often the performance of a device or

structure can be evaluated at the user'slaboratory by comparing its response tounknown values with its response to astandardized specimen or a material ofcertified composition, properties, or puri-ty. Several types of such specimens arelisted in Part 202 of this Subchapter.(See also NBS Miscellaneous Publication250.1) Carefully characterized materialsare listed in Part 230 of Subchapter B ofChapter Ir, Title 15 of the Code of Fed-eral Regulations. (See also MiscellaneousPublication 260,1 "Standard ReferenceMaterials".) The Office of Standard Ref-erence Materials in the NBS Institutefor Materials Research administers aprogram to provide all types of well-characterized materials that are neededto calibrate a measurement system or toproduce scientific data that can be read-ily referred to a common base.§ 200.106 Critically evaluated data.

Data on the physical properties of thethousands of well-defined substanceswhich are commercially available needto be compiled and evaluated to be use-ful for reference in engineering design.The Office of Standard Reference Datain the NBS Institute for Basic Standardsprovides two-way communication with anumber of governmental and nongovern-mental data centers throughout thecountry. Its compilation and dissemina-tion activities cover seven technicalareas-nuclear data, atomic and molec-ular data, solid state data, thermody-namic and transport data, chemicalkinetics, solloid and surface properties,and mechanical properties. Monthly ac-counts of progress appear in the NationalStandard Reference Data System News(available upon request from the Officeof Standard Reference Data) and in theTechnical News Bulletin.,§ 200.107 Publications.

(a) The monthly NBS Technical NewsBulletin I announces changes in servicesand fees, as published in the FPEDERALREGISTER. The Bulletin also describesrecent results of Bureau staff work, listscurrently issued publications, and carriessections giving up-to-date detailed in-formation on standards and calibrations,standard reference materials, and theNational Standard Reference Data Sys-tem. A 6-year index to publications byBureau authors will be found in a Sup-plement' to Miscellaneous Publication240, Publications of the National Bureauof Standards, for July 1, 1960, to June30, 1966. The index covers Monographs,'Technical Notes,' and all papers appear-ing either in the NBS Journal of Re-search' or in outside technical journals.

(b) Unclassified research and develop-ment reports from all Government agen-cies and their contractors are listed in asemimonthly Government-wide Indexavailable from the NBS Clearinghousefor Federal Scientific and TechnicalInformation, Springfield, Va. 22151.Publication series available from theClearinghouse include Report Abstracts,

IFor sale by the Superintendent of Docu-ments, U.S. Government Printing Office,Washington, D.C. 20402.

Fast Announcement Service, PackageReviews, and Technical Translations.

§ 200.108 Broadcasts.(a) The Radio Standards Laboratory

of NBS broadcasts various types ofstandard frequency and time signalsfrom four radio stations: WWV, WWVH,WWVL, and WWVB. (NBS Miscellane-ous Publication 236,* "NBS StandardFrequency and Time Services", containsinformation concerning the broadcastsof various types of such signals fromthese four stations.) WWVH is locatedat Maul, Hawaii. WWV, WWVL, andWWVB are located at Fort Collins, Colo.(WWV was relocated In December 1906,from Greenbelt, Md.) Notices of preci-sions, accuracies, and adjustments inNBS clocks and radio emissions are pub-lished regularly in the FEDXRAL RcGISTIR.(Such notices are published also In theTime and Frequency Service Bulletinwhich is available from the RadioStandards Laboratory on request,)

(b) Broadcasts from WWV are atnominal frequencies of 2.5, 5, 10, 15, 20,and 25 MHz, and from WWVH at 2.5,5, 10, 15'MHz; the carrier frequenciesand time pulse rates emitted by both areoffset from nominal values in accordancewith the Universal Time Coordinated(UTC) system. The frequency is offset by-300 parts in 100, and the time pulsesoccur at intervals slightly longer than 1second. As recommended by the Inter-national Bureau of the Hour, the phaseof the time pulses is occasionally ad-justed to approximate UT2 within about100 ms. The UT2 scale Is a partlysmoothed version of Universal Time(UT), as determined by astronomicalobservations and with annual and semi-annual fluctuations removed. WWV andWWVH also provide standard musicalpitch at 440 hertz, weather forecasts, andgeophysical alerts. WWV broadcasts Uni-versal Time--seconds, minutes, hours,and days of the year-in the code formatof the National Aeronautics and SpaceAdministration. For more precise de-termination of UT2, both WWV andWWVH broadcast in International MorseCode appropriate corrections based onastronomical data from the U.S. NavalObservatory, Washington, D.C.

(c) At WWVL, the modes of broadcastof the carrier and the timing signals arealso in conformity with the UTC system

(d) Station WWVB broadcasts on thestandard radio frequency of 60 Kfil.without offset, emitting time markerpulses exactly 1 second apart, as deter-mined by the NBS cesium clock. Thephase of these pulses Is reset every fewmonths by 0.2-s adjustments, as recom-mended by the International Bureau ofthe Hour, in order to approximate UT2within about 0.1 s. This is a coordinatedsystem known as Stepped Atomic Time(SAT).

(e) The U.S. Naval Observatory alsobroadcasts standard UTC time and timeinterval (frequency), using both astro-nomical and atomic data. It coordinatesa number of Navy and Coast Guard sta-tions around the globe, and also monitorsthe NBS broadcasts. Both USNO andNBS monitor broadcasts from selectedlaboratories in foreign countries, and


10196


Issue periodic comparisons of referencesignals.

§ 200.109 Request procedure.(a) A formal purchase order for the

calibration or test should be sent priorto or at the time of shipment. This shouldprovide clear fdentification of the instru-ment or standard being submitted, andgive instructions for'billing. If a clientwishes to minimize the time duringwhich his equipment is out of service, hecan usually arrange to delay shipmentuntil the test is scheduled to star.Requests from Federal agencies, or fromState agencies, for calibrations or testson material to be used on private orFederal contract work, should be ac-companied either by purchase order or byletter or document authorizing the costof the test to be billed to the agency.

(b) Acceptance of purchase ordersdoes not imply acceptance of any pro-visions set forth in the order contrary tothe policy, practice, or regulations of theNational Bureau of Standards or theU.S. Government. (A statement to theeffect that the National Bureau of Stand-ards is an agency of the U.S. Governmentshould satisfy other Government agen-cies with regard to compliance withGovernment regulations and Executiveorders.)

(c) A test number will be assignedby the Bureau to each item (instrumentor group of similar instruments or stand-ards) when accepted for test. This testnumber should be referred to in all sub-sequent communications. If the appara-tus submitted has been previously cali-brated by the Bureau, reference shouldbe made to the test number previouslyassigned, so that a continuing record ofstability history can be established.

(d) Inquiries related to electricalstanlards in the radio frequency region(above 30 kHz, Part 201, §§201.701through 201.950 of this subchapter), andon all frequency and time standardsshould be directed to:Coordinator, Calibration Services, Radio

Standards Laboratory, National Bureau ofStandards, Boulder, Colo. 80302.(e) Inquiries for measurement serv-

ices listed in this subchapter, other thanthose noted in paragraph (d) of thissection, should be directed to:Test Administration Unit, National Bureau

of Standards, Washington, D.C. 20234.§ 200.110 Shipping, insurance and risk

of loss.(a) Shipment of material to the"u-

reau for calibration or other test shouldbe made only after the client has ac-cepted the estimate of cost and thetentative scheduling.

(b) Calibrations of electrical stand-ards in the radiofrequency region (above30 kHz, Part 201, §§ 201.701 through201.950 of this subchapter) are per-formed at Boulder, Colo. Shipmentsshould be addressed to:Coordinator, Calibration Services, Radio

Standards Laboratory lational Bureau ofStandards, Boulder, Colo. 80302.

If apparatus for high frequency is alsoto be given incidental low-frequency

calibration, this may be done at Boulder,Colo. but If a complete range of low-frequency tests are needed, the Instru-ment should be sent to:National Bureau of Standards, Routo 703

and Quince Orchard Road. Galthercburg,Id.

(c) The calibrations listed in this sub-chapter, other than those noted In para-graph (b) of this section, are performedin the Bureau's laboratories at eitherGaithersburg, Ald., or Washington, D.C.For'shipments which are heavy (in ex-cess of 100 lbs.) or bulky (a combinedgirth In excess of 27 cu. ft.), request ashipping address from:Test Administration Unit, National Bureau

of Standards, Washington, D.C. 23.Items other than heavy or bulky chip-ments that are sent by common carricr,should be addressed to:National Bureau of Standardrs, Route 70S

and Quince Orchard Road, Galthcrzburg,Ld.

(d) Equipment sent to the Bureaumust be properly packed to minimizelikelihood of damage In shipment andhandling. Suggestions on packing andshipping are made in some sections ofthe fee schedule. In every case, the clientshould consider the nature of the equip-ment, pack It accordingly, and clearlylabel shipments containing fragile In-struments or materials, such as glass andthe like. The use of "cecurity exprezs"should be considered in shipping delicateinstruments.

(e) To minimize damage during chip-ment resulting from Inadequate packing,the use of strong reusable containers isrecommended. As an aid in preventingloss of such containers, the client's nameshould be legibly and permanentlymarked on the outside. In order to pro-long the container's use, the notationReusable Container, Do Not Destroyshould be marked on the outside.

(f) Shipping and insurance coverageinstructions, In order to be followed,must be clearly and legibly shown on thepurchase order for the calibration ortest. As the Bureau will not pay shippingor insurance charges and add this costto the billing invoice, return shipment,when no shipping or insurance instruc-tions are furnished, will be made bycommon carrier collect, but uninsured.

(g) When a test number has been as-signed prior to shipment to the Bureau,this number should be clearly marked onthe shipping container. When a testnumber has not been assigned, an in-voice, copy of the purchase order, orletter should be enclozed in the shipmentto insure proper Identification. The orig-inal purchase order should be forwardedas appropriate to:Test Administration Unit National Bureau

of Standards. Washington. D.C. 20234Coordinator, Calibration Srvice, Radio

Standards Laboratory, National Bureau ofStandards, Boulder. Colo. 80302.(h) NES will not be responsible for

the risk of loss or damage to any Itemin shipping to or from the Bureau. Anyarrangements for insurance coveringthis risk must be made by the client.Return shipment will be made by the

10197

Bureau as Indicated In paragraph (f)of this section. The purchase ordershould always show the value of theequipment, and If transit Insurance iscarricd by the client, this fact shsuld bestated.

(1) The risk of Ioss or damage in han-dling or testing of any Item by NIBS mustbe assumed by the client, except whenit Is determined by the Bureau that suchIo= or damage was occasioned solely bythe negligence of Burtau personne:.§ 200.111 Identification and operability

of devices ublnitted.

(a) Since the data provided by theBureau's report is specific to the indi-vidual Item or piece of apparatus tested,It i- essential that this piece be identifieduniquely by an appropriate number orsymbol. In most cases, the manufac-turer's name and serial numbers areused. When such a number is lacking,an alternative Identifying mark shouldbe provided. If none is found, the Bureaumay apply an appropriate one, usuallythe Bureau's Test Number, for which anadditiona) charge may be made.

(b) All apparatus submitted for cali-bration and test must be in good operat-ing condition. Repairs and adjustmentsshould be attended to by the client priorto shipment. Apparatus not in good con-dilton cannot be tested, nor can the Bu-reau undertake the repair or adjustmentof any equipment, except by special ar-rangement. If It is evident that equip-ment has been abused or has not reca-vedproper care, a tf-st ordinarily will not beconducted. If defects are found at theBureau after a test has begun, this factwill be reported, the test may be termi-nated, and a report issu.ed summariziarsuch information as has been found, anda fee charged in accordance ith theamount of worL done.§ 200.112 Priority and tlime of comple-

tion.(a) Except for emergency Govern-

ment work, calibrations mid other testsare in general undertaken in the orderin which requests are received.

(b) The date at which a test will becompleted depends on a number of fac-tors, such as the condition of submittedequipment, setup time, duration of testrun, limitations on available personnel,occasional large backllogs of work, andgrouping of tests of similar devices tolessen costz. Sometimes repetitive runsare needed to determine reliability ofresults, or peculiar behavior i. noted, re-quring unusually careful invetation.The Bureau will cooperate with a clientto minimize the out-of-use time for hisequipment, and will upon request informhim of a probable starting date and givenotice of unexpected delays in compie-tion of the work. Estimates of completiondates are therefore provisional.§ 200.113 Witnessingof operatiom.

The Bureau welcomes scientists andengineers who may rish to visit its Iab-oratories and discuss its methods. How-ever, visitors ordinarily will not be per-mitted to witness- the actual carryin- outof highly precise measurements becausetheir presence introduces distraction

FEDERAL REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967No. 132-7


that may lead to errors or delays. Thispolicy may be waived in those cases wherethe visitor can be of service in settingup apparatus of a new or unusual nature,in the case of referee tests, or in othercases in which the legal validity of theresult may require the presence of dulyauthorized witnesses.

§ 200.114 Reports.

Results of calibrations and other testsare issued as reports entitled, "NationalBureau of Standards Report of Calibra-tion," "National Bureau of StandardsReport of Test," or "National Bureau ofStandards Report of Analysis," as ap-propriate. The report form used carriesno special significance. Whenever formalcertification is required by law, or to meetspecial conditions adjudged by the Na-tional Bureau of Standards to warrantIt, a letter will be provided certifying thatthe particular item was received andcalibrated or tested, and identifying thereport containing the results.

§ 200.115 Use of results.

(a) The NBS report of calibration ortest contains data which pertain onlyto the particular device or specimen cal-ibrated or tested. There is no implicationthat other items of the same lot or typewill show comparable results. However,on the basis of tests on a sample ofInstruments or objects drawn from a lotof nominally identical items, in accord-ance with an approved sampling pro-cedure, the Bureau may declare that theentire lot does or does not meet statedrequirements for acceptance.

(b) The results given in the NBS re-port are limited to the condition of theequipment at the time of calibration ortest. Clients should not assume thatcomparable performance will be sus-tained unless suitable precautions aretaken in handling and use.

(c) The National Bureau of Standardsdoes not "approve," "recommend," or"endorse" any proprietary product ormaterial, either as a single Item or as aclass or group. Results reported by theBureau shall not be used in advertisingor sales promotion, or to indicate explicitor implicit endorsement of the productor material by the Bureau.

§ 200.116 Fees.(a) In accordance with 15 U.S.C. 271-

278e, fees are charged for all calibra-tions and tests made by the NationalBureau of Standards.

(b) This fee schedule is published sub-ject to the above-mentioned basic actwhich authorizes the Secretary of Com-merce, from time to time, to make reg-ulations regarding the payment of fees,the limits of tolerance on standards sub-mitted for verification, and related mat-ters.

§ 200.117 Billing charges.

The minimum billing charge for anytest request accepted by the Bureau is$10, unless otherwise indicated in a par-ticular fee schedule. If apparatus is re-turned without testing, a minimumcharge of $10 may be made to cover

handling. Fees for tests include the costof preparation of an original report.Additional copies ordinarily are not Is-sued to other than the recipient of theoriginal, and are not issued unless theclient has shown a technical need forthem. Copies of reports requested subse-quent to the date of tests will be sup-plied at cost, with a minimum chargeof $5. All checks should be made pay-able to NBS, Department of Commerce.

Dated: June 21, 1967.

A. V. AsrN,Director.


SUBCHAPTER C-TRANSCRIPT SERVICES

PART 235-TRANSCRIPT SERVICES

Motion Picture Films

The following revision to 15 CFR 235.1announces additional motion picturefilms available from the National Bureauof Standards, and changes the item num-bering system which identifies the films.For convenience, all of § 235.1 is re-printed. This revision supersedes In itsentirety 15 CFR 235.1.

Section 235.1 Motion pictures is revisedas follows:

§ 235.1 Motion pictures.

(a) The films listed in paragraph (c)of this section are available on loan fromthe National Bureau of Standards freeof charge. The borrower, however, isrequired to pay return parcel post andinsurance charges. Requests for the filmsshould be directed to the Office of Tech-nical Information and Publications, Na-tional Bureau of Standards, Washington,D.C. 20234.

(b) Prints may be purchased by writ-ing to the above address for "authoriza-tion to purchase" forms and instructions.Completed forms, upon approval by theNational Bureau of Standards, authorizeduplication of the film by a commercialfirm who will ship the film and bill thepurchaser direct.

(c) All films are 16mm sound andcolor.

ITIM AID DESCRIPTON

141-1.1 "Preparation of White Cast-IronStandards," 1965; 550 feet; running time152 minutes.

141-1.2 "Calibration of the Platinum Re-sistance Thermometer," 1964; 575 feet;running time 16 minutes.

141-1.3 "M i xi n g Nonhomogeneous AirStreams," 1964; 225 feet; running time 6minutes.

141-1.4 "Scatter Radar: Space Researchfrom the Ground," 1963; 864 feet; runningtime 23 minutes.

141-1.5 "Ultrasonic Thermometer," 1962;145 feet; running time 4 minutes.

141-1.6 "Trapping of Free Radicals at LowTemperatures," 1960; 510 feet; runningtime 13%4 minutes.

141-1.7 "Understanding the Physical WorldThrough Measurement," 1957; 1,120 feet;running time 33 minutes.

141-1.8 "Assignment-Weights and Meas-ures," 1957; 674 feet; running time 18minutes.

141-1.9 "Testing Man Standards by Substl-tution." 1956; 809 feet; running time 22minutes.

141-1.10 "A True Standard," 1054; 438 feet;running time 12 minutes.

141-1.11 "Four Experiments in Hydraulics,"1953; 607 feet; running time 16J, minutes.

141-1.12 "Silicate Cement," 1947; 657 feet;running time 18 minutes.

141-1.13 "Dental X-Ray Equipment: Alter-ation for Modern Radiation Hygiene," 1951;629 feet; running time 18 minutes.

141-1.14 "Dental Materials: Specificationand Certification," 1955; 766 feet; runningtime 21 minutes.

141-1.15 "A Porcelain Jacket Crown Tech-nique," 1955; 56 feet; running time 23minutes.

141-1.16 "Dental Burs In Action," 1955; 305feet; running time 10 minutes.

141-1.17 "Hazards of Dental Radiography,"1954; 505 feet; running time 13 minutes,

141-1.18 "A Method of Mixing SilicateCement," 1953; 329 feet; running time 81minutes.

141-1,19 "The Casting of Dental Gold Al-loys: Thermal Expansion Technique"1951; 632 feet; running time 162 minutes.

141-1.20 "Denture Resin," 1949; 657 feet;running time 18 minutes.

141-1.21 "Dental Amalgam: Failure Causedby Moisture Contamination," 1948; 502feet; running time 15 minutes.

141-1.22 "Dental Roentgenographic FilmCharacteristics and Use In RadiationHygiene," 1962; 754 feet; running time 20minutes.

(R.S. 161; 5 U.S,.C 301)

Effective date. This revision Is effec-tive upon publication in the FEDZRALREGISTER.

A. V. Asrm,Director.

JUNE 21, 1967.[P.R. Doc. 67-7904; Filed, July 10, 1967;

8:45 n..m.]

Title 17-COMMODITY ANDSECURITIES EXCHANGES

Chapter If-Securities and ExchangeCommission

PART 200-ORGANIZATION; CON-DUCT AND ETHICS; AND INFOR-MATION AND REQUESTS

Subpart D-Information andRequests

FEES FOR SPECIAL SzvICES

On June 30, 1967, the Securities andExchange Commission amended 1 200.80of Title 17 of the Code of Federal Regu-lations to reflect implementation of therecently enacted amendment of section 3of the Administrative Procedure Act, 5U.S.C. 552. In further implementationthereof, and in accordance with para-graph (g) of § 200.80 of this title, a newAppendix E Is added as I 200.80e of thistitle, reading as follows:§200.80e Appendix E--Schedule of

fees for special services.(a) Searching and attestation serv-

ices. (1) Searching for and preparingrecords requested for Inspection or copy-ing (including overhead costs):


10198


Pirst one-hait man-hour... .... N No feeEach additional one-halt man-hour

or fraction thereof - . $2. 80Attestation. with Commission Seal (In

addition to other tees. If any) __ 2.00(2) Payment for the above services

must be made by check or money orderpayable to: "Treasurer of the UnitedStates". Address mailed payments to:Comptroller, Securities and Exchange Com-

mission, Washington, D.C. 20549.

(b) Copies of documents. (1) Docu-ments are copied by a commercial copierunder an annual contract with the Com-mission. All requests for copies should bedirected to the Public Reference Section,Securities and Exchange Commission,Washington, D.C. 20549. Copies whenauthorized will be sent directly to thepurchaser by the contract copier unlessattestation is requested. Purchaser willbe billed by the copier for the cost of thecopies; and by the Commission separatelyfor the attestation and searching fees,if any. Cost estimates with respect toany copying job will be supplied uponrequest.Page size up to 8 Inches by 14 inches,

per page ----- $0.09Page size between 8% by 14 and 14 by

18 inches. per page- .......... 15Page size between 14 x 18 and 18 x 24

inches, per page -----------------. 25Page size larger than 18 x 24 inches

(per section, match and join)- .25Mibnum charge per order ..... 2.00

(2) Expedited service can be obtainedat a premium of 25 percent over theabove cbpying charges. Regular ordersgenerally will be filled within 5 days oftheir receipt (if additional time is re-quired, advice to that effect will begiven). Payment of charges must bemade to the official copier, not the SEC,in the manner specified on the companyinvoice.

(3) In addition to the ordinary copy-ing services described above, the con-tract copier maintains coin-operatedmachines in the public reference roomsof the Commission in Washington, D.C.,New York, and Chicago. These machines,which are operated by customers on ado-it-yourself basis, can be used to makeimmediate copies of material availablefor inspection, at a cost of 25 cents perpage (up to 9 inches by 14 inches in size).(See. . 60 Stat. 238. as amended; P.L. 90-23,81 Stat. 54,-5 U.S.C. 552; secs. 19, 23, 48 Stat.85, 901, as amended, 15 U.S.C. 7s, 78w; sec.20, 49 Stat. 833, 15 U.S.C. 79t; sec. 319, 53Stat. 1173, 15 U.S.C. "7sss; sees. 38, 211, 54Stat. 841, 855, 15 U.S.C. 80a-37. 80b-U1)

Effective date. The foregoing amend-ment shall become effective July 4, 1967.

[sEALI ORmVA L. DuBois,Secretarg.

JULY 3, 1967.[.R, Doe. 67-7908; Piled, July 10, 1967;

8:45 a m]

Title 21-FOOD AND DRUGSChapter 1-Food and Drug Adminis-

tration, Department of Health, Edu-cation, and Welfare

SUBCHAPTER A-GENERAL

PART 8-COLOR ADDITIVESSubpart D-Listing of Color Additives

for Food Use Exempt From Certifi-cation

CoaN Eu osPnzx. On,. Lisvna Fon FooDUSE; EEaMPTIOX FMOU CnTMCAT10oNIn the matter of establishing a regu-

lation listing and exempting from cer-tification the color additive corn endo-sperm oil for use in chicken feed:

An order in the above-identified mat-ter was published in the FEaaaAT Rx0Lo-TER of March 30, 1967 (32 P.R. 5324).The original petitioner, Corn ProductsCo., 717 Fifth Avenue, New York, N.Y.10022, subsequently submitted datashowing that the color additive producedby good manufacturing practice cannotreasonably meet the 50 parts per millionspecification for isopropyl 61cohol andhas requested that the specification bechanged to 100 parts per millon. TheCommissioner of Food and Drugs findsthat such a change is necessary and wilnot adversely affect the public health.

Therefore, pursuant to the provis, onsof the Federal Food, Drug, and Cos-metic Act (se. 706(b), (c)(2), (d). 74Stat. 399-403: 21 U.S.C. 376(b), (c) (2),(d)) and under the authority delegatedto the Commissioner by the Secretary ofHealth, Education, and Welfare (21OFF 2.120): It is ordered, That § 8.322(b) (32 FR. 5324) be amended by chang-ing the item reading "1sopropyl alcohol,not more than 50 parts per million" toread 'Isopropyl alcohol, not more than100 parts per million."

No other response was received to theorder of March 30, 1907; therefore, asidefrom the amendment herein ordered,§ 8.322 became effective May 29, 1967.

Any person who will be adversely af-fected by the foregoing order may at anytime within 30 days from the date ofits publication In the Fzvran,% Rrnosrnfile with the Hearing Clerk, Departmentof Health, Education, and Welfare,Room 5440, 330 Independence AvenueSW., Washington, D.C. 20201, written ob-Jections thereto. Objections shall show

.wherein the person filing will be ad-versely affected by the order and specify'with particularity the provisions of theorder deemed objectionable and thegrounds for the objections. If a hearingis requested, the objections must statethe issues for the hearing, and such ob-jections must be supported by groundslegally sufficient to Justify the reliefsought. Objections may be accompaniedby a memorandum or brief in supportthereof. All documents shall be filed Insix copies.

Effective date. This order shall becomeeffective 60 days from the date of its

publication in the FrnAnL Rrassrtr,except as to any provisions that may bestayed by the filing of proper objec-tions. Notice of the filing of objectionsor lack thereof will be announced bypublication in the FkDE Rzars-L(E--. 700(b), (c) (2). (d). 74 S-tat. 399-403;21 U..C. 370(b), (c) (2). (d))

Dated: June 30,1967.

WnroN B. RN=u,Deputy Commissioner

of Food andDrug3.[P.R. Do-. 67-7955; PlIed. July 10, 1967;

8:43 nxml

SUZcHAPTE1 C-DRUGS

PART 141e-BACITPACIN AND BACd-TRACIN-CONTAINING DRUGS;TESTS AND METHODS OF ASSAY

PART 146e-CERTIFICATION OF BAC-ITRACIN AND BACITRACIN-CON-TAINING DRUGS

Antibiotic TrochesNo comments were recelvedin response

to the notice published in the F==ALPlo =n of February 2, 1967 (32 Pa.11N4), proposing the Issuance of new reg-ulWtions to provide for the certificationof certain antibiotic troches (identifiedherein). It Is concluded that the pro-posed regulations should be Issued as setforthbeow.

Therefore, pursuant to the authorityvested in the Secretary of Health, Edu-cation, and Welfare by the Federal Food,Drug, and Cosmetic Act (see. 507, 59Stat. 403, as amended; 21 U.S.C. 357) anddelegated by him to the Commissioner ofFood and Dru-s (21 CFR 2.120), Parts141e and 14Ce are amended by addingthereto new sections, as follows:

§ 141e.436 Bacitracin-neomycin sulfate-tyrotrlicin troches; zinc Lacitracin-neomycin sullnte-tyrothrien troches.

(a) Potec-j-(1 Bacitracin cantent.D l olve 5 troches in sufficient 1.0 per-cent phosphate buffer, pH 6.0, to give aconcentration of 10 units of bacitracinper milliliter (estimated), or If they con-tnm zinc bacitracin dissolve 5 troches insufliclent O.01N HC to give a concen-tration of 10 units of bacitracin per mil-1Lter (estimated), and proceed as di-rected in § 141e.401(a) (1) except§ 141e.401(a) (1) (1). In lieu of the direc-tions in § 141e.401(a) (1) (1), prepare thestandard as follows: Prepare the stocksolution as directed in § 141e.401(a) (1)(I), except that the dilutions for asayare prepared to contain the same ratioof 0.01N HCI to I percent phosphate buf-fer, pH 6.0. as the sample under test.The content of bacitracln is satisfactoryif It Is not lezs than 90 percent and notmore than 125 percent of the number ofunits of bacitracin that it is representedto contain.

(2) Neomycin content. Proceed asdirected in § 148L.(b) (1) of this chapter,except prepare the sample for assay as


10199


follows: Dissolve a representative num-ber of troches in 0.1M potassium phos-phate buffer, pH 8.0, to make a stocksolution of convenient concentration.Make estimated dilutions to the refer-ence concentration with 0.1M potassiumphosphate buffer, pH 8.0. The content ofneomycin is satisfactory if it is not lessthan 90 percent and not more than 125percent of the number of milligrams ofneomycin that it is represented to con-tain.

(3) Tyrothricin content. Proceed asdirected in § 148r.1(b) (1) of this chapter,except prepare the sample for assay asfollows: Dissolve a representative num-ber of troches in 20 milliliters of distilledwater. Further dilute in 95 percentalcohol to give a stock solution of con-venient concentration. Make properestimated dilutions with 95 percent al-cohol to the prescribed reference con-centration. The content of tyrothricinis satisfactory if it is not less than 90 per-cent and not more than 125 percent ofthe number of milligrams of tyrothricinthat it is represented to contain.

(b) Moisture. Proceed as directed inI 141a.5(a) of this chapter.

§ 146e.436 Bacitracin-neomycin sulfate-tyrothricin troches; zinc bacitracin-neomycin sulfate-tyrothricin troches.

(a) Standards of identity, strength,quality, and purity. Bacitracin-neomy-cin sulfate-tyrothricin troches and zincbacitracin-neomycin sulfate-tyrothricintroches are troches composed of bacitra-cin or zinc bacitracin, neomycin sulfate,and tyrothricin, with one or more suit-able and harmless diluents, binders,lubricants, colorings, and flavorings, andwith or without benzocaine. Each trochecontains 50 units of bacitracin or zincbacitracin, 3.5 milligrams of neomycin,1.0 milligram of tyrothricin, and, if itcontains benzocaine, 5.0 milligramsthereof. The moisture content is notmore than 5.0 percent. The bacitracinused conforms to the standards pre-scribed by § 146e.401(a) (1), (3), (5),(6), and (7). The zinc bacitracin usedconforms to the standards prescribed by§ 146e.418(a). The neomycin sulfateused conforms to the standards pre-scribed by § 1481.1(a) (1) (1), (iv), (v),(vi), and (vii) of this chapter. The ty-rothricin used conforms to the standardsprescribed by § 148r.l(a) (1) of thischapter. Each other substance used, ifits name is recognized in the U.S.P. orN.F., conforms to the standards pre-scribed therefor by such official com-pendium.

(b) Packaging. Unless each trodheis enclosed in foil or plastic film and suchenclosure is a tight container as definedby the U.S.P., except the provision thatit shall be capable of tight reclosure, theimmediate container shall be a tightcontainer as so defined. The immediatecontainer may also contain a desiccantseparated from the troches by a plug ofcotton or other like material. The com-position of the immediate container, orfoil or film enclosure, shall be such aswill not cause any change in the strength,quality, or purity of the contents beyondany limit therefor in applicable stand-

ards, except that minor changes socaused which are normal and unavoid-able in good packaging, storage, and dis-tribution practice shall be disregarded.

(c) Labeling. In addition to the la-beling requirements prescribed by § 1.106(b) of this chapter (regulations issuedunder sec. 502(f) of the act), each pack-age shall bear on its label or labeling,as hereinafter indicated, the following:

(1) On the outside wrapper or con-tainer and the immediate container, thestatement "Expiration date -------------the blank being filled in with the datethat is 12 months after the month dur-ing which the batch was certified, ex-cept that the blank may be filled inwith the date that is 18, 24, 30, 36, 42,48, 54, or 60 months after the monthduring which the batch was certified ifthe person who requests certificationhas submitted to the Commissioner re-sults of tests and assays showing thatafter having been stored for such periodof time such drug as prepared by himcomplies with the standards prescribedtherefor by paragraph (a) of this sec-tion.

(b) On the circular or other labelingwithin or attached to the package, in-formation to the effect that the drugis for use,only following tonsillectomyas an aid in preventing local infectionand secondary hemorrhage due to localinfection.

(d) Requests for certification; sam-ples. In addition to the requirements of§ 146.2 of this chapter, each such re-quest shall contain:

(1) Results of tests and assays on:(i) The bacitracin or zinc bacitracin

used in making the batch: Potency,moisture, toxicity, pH, and ash content,except that if it is zinc bacitracin, zinccontent in lieu of ash content.

(ii) The neomycin sulfate used inmaking the batch: Potency, toxicity,moisture, pH, and identity.

(iii) The tyrothricin used in makingthe batch: Potency, moisture, andidentity.

(iv) The batch for bacitracin content,neomycin content, tyrothricin content,and moisture.

(2) Samples required:(I) The bacitracin or zinc bacitracin

used in making the batch: 10 packages,each containing approximately 500milligrams.

(ii) The neomycin sulfate used inmaking the batch: 10 packages, eachcontaining approximately 300 milli-grams.

(iii) The tyrothricin used in makingthe batch: 5 packages, each containingapproximately 300 milligrams.

(iv) The batch: A minimum of 30troches.

(v) In case of an initial request forcertification, each other ingredient usedin making the batch: 1 package of eachcontaining approximately 5 grams.

(e) Fees. The fee for the servicesrendered with respect to each batch un-der the regulations in this section shallbe:

(1) $1.25 for each troche submitted inaccordance with paragraph (d) (2) (iv)of this section; $4 for each package in

the samples submitted in accordancewith paragraph (d)(2) (1), (11), (ill),and (v) of this section.

(2) If the Commissioner considersthat investigations, other than exami-nation of such troches and packages arenecessary to determine whether or notsuch batch complies with the require-ments of § 146.3 of this chapter for theissuance of a certificate, the cost of suchinvestigations.

Effective date. This order shall beeffective upon publication in the FEDERALREGISTER.(Sec. 507, 59 Stat. 463, as amended: 21 U.S.C357)

Dated: June 30, 1967.

Jsszs L. GODDARD,Commissioner of Food and Drugs.

[P.R. Doc. 67-7956; Flied, July 10, 1067;8:50 am.)

Title 19-CUSTOMS DUTIESChapter I-Bureau of Customs, De-

partment of the TreasuryIT.D. 67-1551

CUSTOMS AUTOMATEDACCOUNTING SYSTEM

Suspension of Effective Date

The date(s) for implementing theautomated accounting system in eachof the following regions as published inTreasury Decision 67-33 (32 F.R. 492)and amended by Treasury Decision 67-71(32 F.R. 3741), is temporarily suspended.The effective date of the regulations im-plementing the automated accountingsystem in these regions will be announcedby publication of a notice in the FZVRALREGISTER.

Region No. HeadquartersV ------------ New Orleans, La,VI ------------ Houston, Tex.VII ---------- Los Angeles, Calif.Vm ---------- San Francisco, Callf.iX ----------- Chicago, Iil.II ----------.- New York, N.Y.

Attention is again called to the factthat, although courtesy notices of liqui-dation will be issued as soon as possibleafter the system is implemented, theposting of the bulletin notice of liqui-dation provided for in § 16.2 of the Cus-toms Regulations will continue to con-stitute full compliance with the require-ment for giving notice of liquidation un-der section 505, Tariff Act of 1930 (19U.S.C. 1505).

The importer number is essential toproper association of transactions withthe importer of record and must be onfile to afford timely recording and report-ing of information by the Data Centerunder the automated accounting system.Brokers and importers are requested,therefore, to comply with § 24.5 of theCustoms Regulations which became ef-fective February 1, 1967, upon issuanceof T.D. 67-33, dated January 9, 1967, andfile their identification numbers (Cus-toms Form 5106), even though the cus-toms region in which they are doing


10200


business is not scheduled for automationuntil a later date.

ESEALI LESTER D. JomwsoN,Commissioner of Customs.

Approved: June 28, 1967.TFuE DAVIS,

Assistant Secretaryof the Treasury.

[I.R. Doc. 67-7926; viled, July 10, 1967;8:47 am.]

Title 31-MONEY ANDFINANCE: TREASURY

Chapter lI-Fiscal Service, Depart-ment of the Treasury

SUBCHAPTER A-BUREAU OF ACCOUNTS

PART 205-WITHDRAWAL OF CASHFROM THE TREASURY FOR AD-VANCES UNDER FEDERAL PRO-GRAMS

Subehapter A, Chapter II of Title 31of the Code of Federal Regulations Isamended by a new part, designatedPart 205 (also appearing as Treasury De-partment Circular 1075 (Revised), datedFeb. 13, 1967) reading as follows:Sec.205.1 Purpose.205.2 Scope of regulations.305.3 General policy.205.4 Letter-of-credit method of financing

advances.205.5 Implementing Instructions.

AuTnoarr: The provisions of this Part205 are issued under R.S. 161, as amended;5 U.S.C. 301.

§ 205.1 Purpose.This part is issued in recognition of the

facts that Federal programs which in-volve cash advances to organizations out-side the Federal Government constitutea significant portion of the FederalBudget and that timing of advance pay-ments has a substantial impact on theTreasury, including the level of the pub-lie debt and financing costs. The pur-pose of this part is to preclude with-drawals from the Treasury any soonerthan necessary to finance the operationsof recipients of advances.§ 205.;2 Scope of regulations.

The regulations in this part cover dis-bursement practices for all advances un-der Federal grant or other programs, in-cluding advances to a State and localgovernment, educational institution, in-ternational organization, and any otherpublic and private organization, herein-after referred to as "recipient organiza-tion". Coverage is intended to be so broadas to apply to any program requiring ad-vance Federal payments to finance therecipient organization's activities incarrying out that program, whether bycontract, grant, contribution, or otherform of agreement. Programs involvingeither administrative budget or trustfunds are covered. Programs for whichdisbursements are made, or will be made,as reimbursements for work performed

FEDERAL

or which require delivery or performancebefore payment are not covered by thispart.§ 205.3 General policy.

Advances shall be limited to the mini-mum amounts possible. Advances shallbe timed to be in accord with the actualcash requirements of the recipient or-ganization in carrying out the purpose ofthe approved program or project. Forrelatively small operations (where theaggregate annual amount of advances isunder $250,000) the amount of cash ad-vances in the hands of the recipient or-ganization shall not at any time exceed1 month's needs and the agency authoriz-ing the advance shall be guided accord-ingy. For larger operations the amountof cash advances in the hands of therecipient organization shall be as closeto daily needs as administratively fea-sible. In general, the larger the annualamount of advances to any recipient or-ganization, the more frequent specificcash advances shall be.§ 205.4 Letter-of-credit mclod of

financing advances.(a) Applicability. Whenever the pur-

pose of this part cannot be fully accom-plished by making advances by checkunder regular disbursement procedure,the letter-of-credit method shall be con-sidered. Letters of credit provide recip-ient organizations with the means ofobtaining funds promptly from theTreasury, from time to time, as close toactual daily needs as administrativelyfeasible, under approved Federal pro-grams. Alternative methods of malingadvances may be approved by the Treas-ury if equally advantageous in meetingthe purpose of this part.

(b) Limitations. The letter-of-creditmethod shall not apply unless (1) theFederal department or agency has, orexpects to have, a continuing relation-ship of at least 1 year with a recipientorganization, and (2) the annual amountof advances will be at least $250,000.Documents drawing on letters of creditordinarily will not be in amounts le sthan $10,000 or more than $1 million,but in no case more than $5 million un-less so stated on the letter of credit.

(c) Execution. Each letter of credit(Standard Form 1193) shall be executedby an authorized certifying officer of thedepartment or agency concerned and theprovisions of this part shall be consid-ered as part of the conditions therein.

(d) Drawdowns. Recipient organiza-tions shall draw on letters of credit byIssuing a payment voucher, StandardForm 218. Each payment voucher, bear-ing the signature and, if required, thecountersignature of the individuals soauthorized by the recipient organiza-tion, shall be forwarded through thecommercial bank In which the recipientorganization has its account to the ap-propriate Federal Reserve Bank orbranch, where the payment voucher willbe reviewed for compliance herewith andthe payment charged to the general ac-count of the Treasurer of the UnitedStates. The amount of each paymentvoucher paid by a Federal Reserve Bankor branch to a designated commercial

bank for credit to the account of the re-ciplent organization shall constitute pay-ment to the recipient organization by theUnited States.

(e) Signature cards. The Federal de-partment or agency, before Issuing a let-ter of credit, shall secure from the re-cipient organization a signature card,Standard Form 1194, bearing (1) thenames and signatures of the individualsauthorized to sign and, if required,.counterslgn payment vouchers, and (2)the signature of an official of the re-cipient organization who has authorityto decignate the individuals so author-ized. The signature card shall be signedby an authorized certifying officer of theFederal department or agency evidenc-ing that agency's approval of the signa-tures. The Federal department or agencyconcerned Is responsible for determiningthat the officlal of the recipient orga-nization whose signature appears in ac-cord with subparagraph (2) of this para-graph Is duly authorized to designatethe individuals indicated in subpara-graph (1) of this paragraph. If deemednece sary in fulfilling such responsibility,the Federal department or agency mayalso secure from the recipient organiza-tion a dedignation, authenticated by itsgoverning body (or by the officer dulyauthorized In the case of a publicagency) of the official or officials of therecipient organization, together withspecimens of their signatures, who areauthorized to designate the individualsto sign payment vouchers.

W(f) Disoition. Letters of credit, to-gether with related signature cards,shall be transmitted to the Bureau of Ac-counts, Department of the Treasury,Washington, D.C. 20226, for transmittalto the appropriate Federal Reserve Bankor branch and a copy of the letter ofcredit sall be furnished to the recipientorganization. A recipient organizationshall not submit, and a Federal ReserveBank or branch shall not charge the ac-count of the Treasurer of the UnitedStates for, any payment voucher whichexceeds the balance of the letter or creditremaining available, or which does notcontain the signature and, if required,countersignature of the individuals au-thorized to sign the payment voucher.§ 205.5 Implementing instructions and

forms.(a) Procedural requirements under

this part will be promulgated by theCommissioner of Accounts in the "Treas-ury Fiscal Requirements Manual forGuidance of Departments and Agencies."

(b) Agency procedures to accomplishthe objective of this part will be sub-mitted to the Commissioner of Accounts,Bureau of Accounts, for approval inbehalf of the Fiscal Assistant Secretary.

(c) The forms required by this partwill be furnished to recipient organiza-tions by the Federal grantor agency.

Effective date. This addition to Sub-chapter A I- effective immediately.

Dated: July 5, 1967.[sEAL] Jomn K. CAmLocx,

Fiscal Assistant Secretary.[P.. D)oc. G7-7927. Filed, July 10, 19"7;

8:47 am.]

REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967

10201

10202

Title 42- PUBLIC HEALTHChapter I-Public Health Service, De-

partment of Health, Education, andWelfare

SURCHAPTER D-GRANTS

PART 57-GRANTS FOR CONSTRUC-TION OF HEALTH RESEARCH FACIL-ITIES (INCLUDING MENTAL RETAR-DATION RESEARCH FACILITIES),TEACHING FACILITIES, STUDENTLOANS, EDUCATIONAL IMPROVE-MENT AND SCHOLARSHIPS

Subpart H-Grants To Improve theQuality of Training Centers for Al-lied Health Professions

SPSCIFIED CURRIcULUM AxD AssuRANcEsREQUIRED

Notice of proposed rule making, pub-lic rule making procedures, and post-ponement of effective date have beenomitted In the Issuance of the followingamendments to Subpart H-Grants To


Improve the Quality of Training Centersfor Allied Health Professions, which re-lates solely to grants. The purposes ofthese amendments are (1) to add medi-cal technology and optometric technol-ogy to the list of curriculums leading tothe associate degree which are eligiblefor improvement grants; and (2) to re-voke the requirement that an applicantfor a basic improvement grant must pro-vide assurance for the development of acoordinated program of training forthe health occupations. The followingamendments shall become effective onthe date of publication in the I-DzmnREGISTER.

1. Paragraph (b) of § 57.703 is revisedto read as follows:§ 57.703 Specified currieulums.

(b) Basic and special improvementgrant funds authorized under section 792of the Act may also be used to developand improve curriculums which qualifystudents for the associate degree or Itsequivalent and for employment as one ofthe following:

(1) X-ray Tecdmioan.(2) Medical Records Teohnlclan.(3) Inhalation Therapy Technician.(4) Dental Laboratory Techniclan.(5) Dental HygienxLt(6) Dental Assistant.(7) Ophthalmic Assistant.(8) Occupational Tlierapy Technician.(9) Food Service Aisltant.

(10) Medical TechnologigL(11) OptometrIc Tecanologist.

2. Paragraph (d) of 1 57.707 Is revoked.§ 57.707 Assurane . required.

(d) [Revoked]

(Secs. 215(b), 79S of Abe Fublic evalthService Act as amended. 58 StaS. 000, 80 Stat.1228; 42 U.S.C. 216 (b). 205h-4)

[SEAL] Lio J. GuZRIo,Acting Swreon General.

Approved: June 30.1967.WILBUR J. COHM,

Acting Secretary.[P.R. Doe. 67-7967; Pled, July 10, 1987;

8:50 X31,]


10203

Proposed Rule Making

DEPARTMENT OF AGRICULTUREConsumer and Marketing Service[7 CFR Parts 1032, 1050, 1062,

1067][Eoeket Nos. AO 313-A14, AO 355-A3, AO 10-

A40, AO 222-A24]

MILK IN THE SOUTHERN ILLINOIS,CENTRAL ILLINOIS, ST. LOUIS, MO.,AND OZARKS MARKETING AREAS

Decision on Proposed Amendmentsto Tentative Marketing Agree-ments and to Orders

Pursuant to the provisions of the Agri-cultural Marketing Agreement Act of1937, as amended (7 U.S.C. 601 et seq.),and the applicable rules of practice andprocedure governing the formulation ofmarketing agreements and marketingorders (7 CFR Part 900), a public hearingwas held at St. Louis, Mo., on March 2,1967, pursuant to notice thereof issuedon February 23, 1967 (32 PR. 3298).

Upon thq basis of the evidence intro-duced at the hearing and the recordthereof, the Deputy Administrator, Regu-latory Programs, on June 2, 1967 (32 F.R.8176; F.R. Doe. 67-6357) filed with theHearing Clerk, U.S. Department of Agri-culture, his recommended decision con-taining notice of the opportunity to filewritten exceptions thereto.

The material issues, findings and con-clusions, rulings, and general findings ofthe recommended decision (32 F.R. 8176;F.R. Doe. 67-6357) are hereby approvedand adopted and are set forth in fullherein subject to the following modifi-cations:

Under Findings and Conclusions twosentences are added at the end of thesecond paragraph and a sentence isadded at the end of the 14th paragraph.

The material issue on the record ofthe hearing relates to the seasonal pro-duction incentive plan in each of thefour markets.

Findings and conclusions. The follow-ing findings and conclusions on thematerial issue are based on evidencepresented at the hearing and the recordthereof.

Seasonal production incentive plan.The "Louisville" plan for seasonal pay-ments to milk producers in these fourmarkets should be modified to set aside15 cents per hundredweight of producermilk during each of the months ofMarch and July and 25 cents per hun-dredweight during each of the monthsof April, May, and June. The payment ofthis money to producers during the fallmonths should be modified also by add-ing the month of September to themonths of October, November, and De-cember as the period in which the pay-

ments are made. The rate of payment ofthis money in the September-Decemberperiod should be 20 percent in each ofthe months of September and Decemberand 30 percent In each of the months ofOctober and November. These changesshould be made effective beginning withMarch 1968. In addition, the period forset aside this year should be continuedthrough August at the existing rate of10 cents per hundredweight. The monthof September 1967 should be added as a"pay-back" month. The payments backto producers in 1967 should be made atthe rate of one-fourth of the total with-held for each of the months of Septem-ber through December.

A Louisville plan for seasonal adjust-ment of payments to producers has beeneffective in the St. Louis, Mo., Ozarks,and Suburban St. Louis (now SouthernIllinois) orders for several years. A simi-lar Louisville plan was made A part ofthe Central Illinois order Issued to be ef-fective January 1, 1967. The purpose ofthese plans is to provide incentive forproducers in each of these markets toachieve a more even production of millthroughout the year.

The present orders provide for retain-Ing In the producer-settlement fund 10cents per hundredweight of producermilk delivered during the months of Aprilthrough July. This money is distributedto producers during the following monthsof October through December, one-thirdof the total in each month, During eachof the months of October, November, andDecember in each of the three orderswhere the plan has been operative, theinclusion of this money in the uniformprices to producers during the fallmonths has contributed approximately14 cents per hundredweight to the levelof price.

This seasonal variation in returns toproducers has been in addition to that re-sulting from seasonal changes in ClassI price differentials. Prior to amendmentof the orders May 1, 1967, seasonal Cla!sI differentials were provided as follows:At the annual average for each respec-tive order in the months of December,January, February, and July; 20 centsper hundredweight higher in the monthsof August through November; and 20cents lower than the annual average inother months.1

The seven cooperative associations,which represent a majority of the pro-ducers n each of the four markets hereconsidered, asked that the Louisvilleplans of the respective orders be modifiedas described above if the seasonal ClassI differentials were changed to A singleannual differential. The proponent co-

Officlal notice Is tahen of amendments tothese orders effective My 1, 1967 (32 Pn.6606), providing for a snslo CIaa I differ-ential in each order equal to the annual aver-age of the prior sceaonal dilerentials.

operative aszocations were of the opinionthat with the seasonal changes in ClassI price differentials eliminated it wouldbe necessary to provide other means toencourage producers to avoid undue sea-sonal changes In production.

For the afrch-July period, under theproposal, the average of the monthlyrates of deduction would be 21 cents perhundredweight. Money set aside at thisrate during these 5 months, and subse-quent payment in the 4-month fallperiod, would produce a seasonal varia-tion in the St. Louis market blend priceestimated at close to 50 cents perhundredweight. Additional seasonalchanges in per hundredweight returnswould result from normal changes inclass utilization.

The proposed plan, would produce sim-ilar seasonal changes in returns to pro-ducers in each of the four markets. Thetotal effect would be not greatly dif-ferent from the changes previously re-sulting from the combination of theexisting Louisville plans at a lesser rateof deduction and the additional effect ofthe seasonal changes in Class I differen-

The problem that the seasonal pro-duction incentive plan is intended tocorrect Is the tendency towards largeseasonal changes in production whichaggravate the problems of handling re-serve milk in some months and the con-verse problem of providing an adequatesupply during other times of the year.Production per farm tends to be higherin spring months than in the fall.

In the St. Louis market during 1966,production per farm during the proposedset-aside months (March through July)was 109 percent of the production perfarm during the subsequent fall monthsof September through December. In theOzarks market the corresponding per-centage was approximately i1 percent.

The problem of seasonal changes inproduction, however, is greater thanwould be represented by these averageproduction per farm data for thesegroups of months. This is because theaverage obscures the extremes of varia-tion from spring to fall seasons. In theSt. Louis market, for instance, the pro-duction per farm at the highest levelwas in May, which was 122 percent ofthe production per farm in October.Similarly, in the Ozarks market, produc-tion per farm in May was 129 percent ofproduction per farm in October.

In the Southern Illinois market, basedon data prior to expansion of the mar-keting area January 1, 1967, productionper farm in June 1966 was 117 percent ofthe production per farm in September:While similar data are not available forthe Central Illinois market, inasmuch as

OlclU notice Is taken of data publihedby the market admlnLtrator for Order No. 32.


PROPOSED RULE MAKING

It became effective January 1, 1967, itwould be expected because of the sim-ilarity of production conditions that theproblem of seasonal variation in produc-tion per farm would be about the sameas in the other three markets.

The position of the proponent co-operative associations was that seasonalchanges in production would continueto be a problem which could become moresevere unless the orders were amendedto provide seasonal changes in producerreturns comparable to those under priorpricing plans. With the removal of sea-sonal changes in Class I differentials, thecooperatives felt that a larger seasonalchange in producer returns should beprovided under the Louisville plan.

The proposed modification would beginLouisville plan deductions in March,which was the month of the hearing. Theproposed higher rates of deduction werecontingent, however, on adoption of pro-posed amendments to eliminate seasonalClass I price differentials, which wereeffectuated May 1, 1967. The proponentwitness indicated that under this condi-tion the higher rates of set aside shouldbe made effective beginning in March1968, and that the present deduction of10 cents per hundredweight should becontinued through August this year. Intheir exceptions proponents stated thattheir proposal would include Septemberin the fall payment months beginning in1967 rather than in 1968 as provided inthe recommended decision.

The rates of deduction and payfnentproposed by the cooperative associationsfor these four markets will result in aneffective and proper method of encourag-Ing a more even seasonal rate of produc-tion. The varying rates of deductionduring the March-July period are de-signed to apply the highest rates in themonths of greatest seasonal surplus,namely April through June. The lesserrates of deduction would apply in Marchand July when production is normallyhigher than the annual average, althoughnot as high as in April, May, and June.

Similarly, the fall payments would behighest in October and November whenproduction normally is seasonally lowest.The lesser rate of payment would applyIn September and December when pro-duction normally s higher than in Octo-ber and November but less than the an-nual average. It Is appropriate that thepayment months of 1967 include Septem-ber as requested by the association.Proponents' exceptions pointed out thatthis month represents the beginning ofseasonal decrease in production andseasonal increase in Class I sales. Suchconditions would be as applicable thisyear as in subsequent years. However,the 1967 fall payments should be dividedpro rata among the four months (Sep-tember through December) in view ofthe lesser amount of funds involved thanprovided for subsequent years.

The purpose of discouraging extremeseasonal changes in production is in theinterest of orderly marketing of milk inthese markets. The proposed modifica-tions of the seasonal production incentiveplans in these four orders are adopted.

Three handlers who operate plants Inone or the other of the Southern Illinoisor Central Illinos order areas stated thatthey approved the principle of the Louis-ville plan as a method of encouraging amore level production throughout theyear. The same handlers objected, how-ever, to the proposed increase in the rateof set aside at this time under the Cen-tral Illinois and Southern Illinois orders.They feared that the increased rates ofset aside during the spring and summermonths and payment during fall monthswould result in seasonal misalignmentof prices to producers compared withmarkets to the north in Illinois, Wiscon-sin, and Iowa. It was also argued thathandlers would need to pay premiums inwhichever market the uniform priceswere lower due to the proposed seasonalchanges. Otherwise, it was argued, dairyfarmers would tend to shift betweenmarkets to get a higher price.

If the arguments of these handlershave validity, the same arguments wouldapply to the producer price relationshipsbetween St. Louis and Southern Illinois,and between Southern Illinois and Cen-tral Illinois if the proposed higher rateswere made effective only in Southern Illi-nois. In effect, therefore, the argumentsseem to preclude modification of theLouisville plans of these orders unlesssimilar seasonal pricing to dairy farmerswere simultaneously made effective in allmarkets which are in close geographicrelationship.

It is concluded that the reasons givenby the handlers in objection to the pro-posed changes should not prevent theadoption of changes to be effective begin-ning March 1968. During the interveningperiod there will be opportunity for par-ties in adjoining markets to propose ap-propriate changes in seasonal variationof returns to their producers. The issu-ance of a recommended decision at thistime on this record will serve to informinterested parties in other markets as tothe changes to be made in the four mar-kets considered here. Furthermore,whether or not comparable changes aremade in adjoining markets, it would notbe expected that the difference in pay-ment plans would result in serious dis-ruption of milk supplies. Some seasonalvariation In returns to producers nor-mally occurs in any market due tochanges in class utilization. Thus allmarkets in the area will to a degree havesimilar periods of seasonally higher andseasonally lower prices.

The Louisville plan of distributing re-turns to producers does not affect han-dlers' costs under the order or changethe total amount of money received by allproducers for a year's milk production.For the individual producer, however,the plan may change the amount ofmoney he receives for his year's pro-duction of milk. The plan would tend toincrease, or on the other hand, decrease,the returns to an individual dairy farmerdepending on whether the seasonal vari-ation in his production was less or more,respectively, than the market average.It is only by providing that the individualdairy farmer's returns will be so affectedthat the plan can achieve its purpose of

rectifying extreme seasonal changes inmilk production. In these markets pro-ducers as represented by their coopera-tive associations desire that their moneybe paid to them in the manner proposed,

A cooperative association whose men-bers supply certain Ozarks order han-dlers requested that If such handlers areexempted from the Ozarks order regula-tion due to a change in the marketin),area between the periods of set aside antpayment under the Louisville plan, thenthe proportionate amount of money de-ducted for member milk should be Insome manner returned to such members.

The question of marketing area changeIs a consideration in records of otherhearings on the Ozarks and St. Louis or-ders pursuant to notice Issued Januaiy24, 1967 (32 F.R. 1042) and the Ozarksand Fort Smith orders pursuant to noticeissued October 11, 1966 (31 F.R. 13395,.Decisions on those records are pending.It would not be possible to anticipate onthis record what modifications of themarketing area might be made or whatimportance these or other changes basedon the other records would have in rela-tion to the Louisville plan. The problemraised by the cooperative therefore can-not be resolved on this record.

Rulings on proposed ftindings and con-clusions. Briefs and proposed findingsand conclusions were filed on behalf ofcertain interested parties. These briefs,proposed findings and conclusions andthe evidence In the record were consid-ered in making the findings and conclu-sions set forth above. To the extent thatthe suggested findings and concluslongfiled by interested parties are Inconsst-ent with the findings and conclusionsset forth herein, the requests to makesuch findings or reach such conclusionsare denied for the reasons previouslystated in this decision.

General ftndings. The findings and de-terminations hereinafter set forth aresupplementary and in addition to thefindings and determinations previouslymade In connection with the Issuanceof the aforesaid orders and of the pre-viously Issued amendments thereto; andall of said previous findings and determi-nations are hereby ratified and affirmed,except Insofar as such findings and deter-minations may be in conflict with thefindings and determinations set forthherein.

(a) The tentative marketing agree-ments and the orders, as hereby pro-posed to be amended, and all of theterms and conditions thereof, will tendto effectuate the declared policy of theAct;

(b) The parity prices of milk as deter-mined pursuant to section 2 of the Actare not reasonable in view of the priceof feeds, available supplies of feeds, andother economic conditions which affectmarket supply and demand for milk Inthe marketing area, and the minimumprices specified in the proposed market-ing agreement and the order, as herebyproposed to be amended, are such pricesas will reflect the aforesaid factors, In-sure a sumclent quantity of pure andwholesome milk, and be In the publicinterest; and


10204


(c) The tentative marketing agree-ments and the orders, as hereby pro-posed to be amended, will regulate thehandling of milk in the same manneras, and will be applicable only to per-sons in the respective classes of indus-trial and commercial activity specifiedin, a marketing agreement upon which ahearing has been held.

Rulings on exceptions. In arriving atthe findings and conclusions, and theregulatory provisions of this decision,each of the exceptions received was care-fully and fully considered in conjunctionwith the record evidence pertainingthereto. To the extent that the findingsand conclusions, and the regulatory pro-visions of this decision are at variancewith any of the exceptions, such excep-tions are hereby overruled for the rea-sons previously stated in this decision.

Marketing agreement and order. An-nexed hereto and made a part hereof aretwo documents entitled respectively,'"Marketing Agreements Regulating theHandling of Milk in the Southern Illinois,Central Illinois, St. Louis, Mo., andOzarks Marketing Areas", and "OrderAmending the Orders Regulating theHandling of Mi in the Southern Illinos,Marketing Areas", which have been de-cided upon as the detailed and appropri-ate means of effectuating the foregoingconclusions.

It is herebY ordered, That all of thisdecision, except the attached marketingagreements, be published in the FEDERALREGISTER. The regulatory provisions ofsaid marketing agreements are identicalwith those contained in the orders ashereby proposed to be amended by theattached orders which vill be published

-with this decision.Determination of representative pe-

riod. The month of April 1967 is herebydetermined to be the representative pe-riod for the purpose of ascertainingwhether the issuance of the attached or-ders, as amended and as hereby proposedto be amended, regulating the handlingof milk in the Southern Illinois, CentralIllinois, St. Louis, Mo., and Ozarks mar-keting areas, is approved or favored byproducers, as-defined under the terms ofthe orders, as amended and as herebyproposed to be amended, and who duringsuch representative period, were engagedin the production of milk for sale withinthe aforesaid marketing areas.

Signed at Washington, D.C., on July 5,1967.

GEORGE L. MfREmna,Assistant Secretary.

Order' Amending the Orders Regulatingthe Handling of Milk in Certain Speci-lied Marketing Areas

Marketing Area 7 CFRZ Part132....... Southern Illnois1050--_. Central Itnols162 .......... St. Louis, Mo.1067 ...----------- Ozarks

This order shall not become effective un-less and until the requirements of § 900.14of the rules of practice and procedure gov-erning proceedings to formulate market-ing agreements and marketing orders havebeen met.

The findings and determinations here-inafter set forth are supplementary andIn addition to the findings and determi-nations previously made In connectionwith the issuance of each of the afore-said orders and the previously Issuedamendments thereto; and all of saidprevious findings and determinationsare hereby ratified and affirmed, exceptinsofar as such findings and determina-tions may be in conflict with the findingsand determinations set forth herein.The following findings are hereby madewith respect to each of the aforemadorders.

(a) Findings upon- the basfs of thehearing record. Pursuant to the provi-sions of the Agricultural MarketingAgreement Act of 1937, as amended (7U.S.C. 601 et seq.), and the applicablerules of practice and procedure govern-ing the formulation of marketing agree-ments and marketing orders (7 CFR Part900), a public hearing was held uponcertain proposed amendments to thetentative marketing agreement and tothe order regulating the handling ofmilk in the above designated marketingarea. Upon the basis of the evidence in-troduced at such hearing and the recordthereof, it is found that:

(1) The said order as hereby amended,and all of the terms and conditionsthereof, will tend to effectuate the de-clared policy of the Act;

(2) The parity prices of milk, as de-termined pursuant to tectlon 2 of theAct, are not reasonable in view of theprice of feeds, available supplies of feed,and other economic conditions wvhichaffect market supply and demand formilk in the said marketing area, and theminimum prices specified In the orderas hereby amended, are such prices aswill reflect the aforesaid factors, ins-urea sufilcient quantity of pure and whole-some milk, and be in the public interest;and

(3) The said order as hereby amend-ed, regulates the handling of milk inthe same manner as, and is applicableonly to persons In the respective classe3of industrial or commercial activityspecified In, a marketing agreement uponwhich a hearing has been held.

ORDE RELATIvE TO HJU.LIG

It is therefore ordcred, That on andafter the effective date hereof the han-dling of milk in the respective herein-after designated marketing areas shallbe in conformity to and in compliancewith the terms and conditions of theaforesaid orders, as amended and ashereby further amended, as follows:

The provisions of the proposed mar-keting agreements and orders amendingthe orders contained in the recommendeddecision Issued by the Deputy Adminis-trator, Regulatory Programs, on June 2,1967, and published In the F==A Rr.s-is= on June 7, 1967 (32 F.. 8176; F.R.Doc. 67-6357), shall be and are the termsand provisions of this order, and areset forth in full herein subject to thefollowing revisions:

1. Paragraph (I) of the provision ineach of the hereinafter designated or-

ders entitled "Computation of uniformprices" Is revised.

PART 1032-MILK IN SOUTHERNILINOIS MARKETING AREA

1. Paragraphs (h) and (1) of § 1032.71are revised to read as follows:§ 1032.71 Computation of the uniform

price.

(h) Subtract in the case of milk deliv-ered during each of the months of Marchand July an amount equal to 15 centsper hundredweight and during each ofthe months of April, May, and June anamount equal to 25 cents per hundred-veight of producer milk specified inp3ragraph (e) (1) of this section, exceptthat the rate of deduction for each ofthe months of April through August1967 shall ba 10 cents;

(1) Add In the case of milk deliveredduring each of the months of Septemberand December 20 percent and duringeach of the months of October and No-vember 30 percent of the total amountsubtracted pursuant to paragraph (h) ofthis section, except that In the case ofmoney deducted pursuant to paragraph(h) of this section during 1967 one-fourth of the sum shall be added in eachof the months of September, October,November, and December 1967;

PART 1050-MILK IN CENTRAL ILLI-NOIS MARKETING AREA

1. Paragraphs (h) and () of § 1050.71are ravlsed to read as follows:6 1030.71 Computation of the uniform

price.

(h) Subtract in the case of milk de-livered during each of the months ofMarch and July an amount equal to 15cents per hundredweight and during eachof the months of April, May, and June anamount equal to 25 cents per hundred-weight of producer milk specified inparagraph (e) (1) of this section, exceptthat the rate of deduction for each ofthe months of April through August 1967shall be 10 cents;

(I) Add in the case of milk deliveredduring each of the months of Septemberand December 20 percent and duringeach of the months of October and No-vember 30 percent of the total amountsubtracted pursuant to paragraph (h)of this section, except that in the caseof money deducted pursuant to para-graph (h) of this section during 1967one-fourth of the sum shall be added ineach of the months of September, Octo-ber, November, and December 1967;

PART 1062-MILK IN ST. LOUIS, MO.,MARKETING AREA

1. Paragraphs (h) and () of § 1062.71are revised to read as follows:

FEDERAL REGISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967No. 132-----B

10205


10

(h

liverMarcenteach.Junehun,inpceptof t:1967

(Idurandeachveinsubtthismen(h)fourofNoV

p

1.are§ 10

erecandhunmoam(weiagrthemolshal

(Idurandeaclvesubofofgraioneeactber,

Det

Pricu193

62.71 Computation of uniform and the applicable rules of practice andprices, procedure governing the formulation of. . . marketing agreements and marketing

1) Subtract in the case of milk de- orders (7 CFR Part 900), a public hear-ed during each of the months of ing was held at Abilene, Tex., on Febru-ch and July an amount equal to 15 ary 9, 1967, pursuant to notice thereof

s per hundredweight and during issued on January 31, 1967 (32 F.R.of the months of April, May, and 2382).

e an amount equal to 25 cents per Upon the basis of the evidence intro-dredweight of producer milk specified duced at the hearing and the recordaragraph (e) (1) of this section, ex- thereof, the Deputy Administrator, Reg-that the rate of deduction for each ulatory Programs on March 27, 1967

(32 R. 5371; FR. Doc. 67-3500) filede months of April through August with the Hearing Clerk, U.S. DepartmentSshall b 10 cents; of Agriculture, his recommended decisionAdd in the case of milk delivered containing notice of the opportunity to

ng each of the months of September file written exceptions thereto.December 20 percent and during The material issues, findings and con-of the months of October and No- clusions, rulings, and general findings

ber 30 percent of the total amount of the recommended decision (32 FR.racted pursuant to paragraph (h) of 5371; FR. Doec. 67-3500) are hereby ap-section, except that in the case of proved and adopted and are set forthey deducte-l pursuant to paragraph in full herein subject to the followingof this section during 1967 one- modifications:

th of the sum shall be added in each Under issue No. 1, paragraphs 1, 10,;he months of September, October, 11, and 13 are revised, a new paragraphember, and December 1967; is inserted immediately following para-• * * * * graph 13, paragraph 14 is revised, para-

graphs 15, 16, 17, 18, and 19 are deletedART 1067-MILK IN OZARKS and six new paragraphs are substituted

MARKTINGAREAtherefor.MARKETING AREA The material issues on the record of

Paragraphs (h) and (i) of § 1067.71 the hearing relate to:revised to read as follows: 1. Revision of Class I price and loca-

tion adjustments.67.71 Computation of uniform 2. Emergency action on Issue 1.prices. Findings and conclusions. The fol-• * * * * lowing findings and conclusions on the

h) Subtract in the case of milk deliv- material issues are based on evidenceI during each of the months of March presented at the hearing and the recordJuly an amount equal to 15 cents per thereof:dredweight and during each of the 1. Revision of Class I price and loca-iths of April, May, and June an tion adjustments. The Class I and uni-ount equal to 25 cents per hundred- form prices for milk received at plantsght of producer milk specified in par- within 70 miles of Midland, Tex., shouldaph (e) (1) of this section, except that be reduced by 15 cents. No action shouldrate of deduction for each of the be taken at this time to change Class I

nths of April through August 1967 prices at other locations.U be 10 cents; The Central West Texas Class I price) Add in the case of milk delivered is presently 25 cents over the NorthIng each of the months of September Texas Class I price at Abilene and San

December 20 percent and during Angelo plants and 40 cents over Northof the months of October and No- Texas at a Midland plant. The an-

iber 30 percent of the total amount nounced Class I price is subject to minustracted pursuant to paragraph (h) location adjustments so that the pricethis section, except that in the case for milk delivered to a plant in the east-money deducted pursuant to para- em portion of the marketing area thatph (h) of this section during 1967 is nearer to the North Texas marketing-fourth of the sum shall be added in area is reduced by 20 cents to a levelh of the months of September, Octo- 5 cents more than the North Texas Class

November, and December 1967; I price. The same adjustments apply tothe producer uniform prices. While the

Doc. 67-7920. Med, July 10, *1967; Central West Texas marketing area in-8:46 am.] eludes 32 cities and towns located in 22

counties in Texas, processing plants reg-ulated under the order are operated only

E 7 CFR Part 1128 at the cities of Abilene, San Angelo, andMidland. A supply plant operated by

[Docket No. AO 238-A20] the cooperative association is located at

MILK IN CENTRAL WEST TEXAS Dublin.MARKETING AREA IThe cooperative association represent-Ing all but one of the Central West Texas

cision an Proposed Amendments producers and a handler operating poolo Tentative Marketing Agreement distributing plants at Midland and Abi-and to Order lene proposed elimination of the 15-cent

increase in the Class I price at MidlandPursuant to the provisions of the Ag- over the price effective at Abilene. Altural Marketing Agreement Act of handler operating a pool distributing7, as amended (7 U.S.C. 601 et seq.), plant at Abilene proposed a general re-

duction of 15 cents per hundredweight inthe Class I price at all plant locations.

The handler who operates two pool'plants, one at Midland and the other atAbilene, also operates a plant at Lubbockthat Is a pool plant under the Lubbock-Plainview order. This handler con-tended that the Midland area Class Iprice is excessive in relation to prices tocompeting distributors regulated by thisorder at certain locations and in relationto prices under nearby Federal orders.He testified that a shift in the area ofsupply of producer milk for the Midlandplant from the eastern portion of themarketing area to west Texas and NewMexico has removed justification for a15-cent higher level in the Class I pricesat that location. The cooperative Joinedin the proposal, primarily because itfeared that the Midland plant would beclosed and the distribution area nowserved by the plant would be servedeither by other order plants or from theAbilene plant of this handler. In eithercase the cooperative association felt itcould not provide producers supplyingthe Midland plant a market with returnsequal to those they now have.

The handler proposing a general 15-cent reduction in the Class I price levelopposed elimination of the 15-cent dif-ferential at Midland. He distributesmilk in the Midland section of the mar-keting area from his Abilene plant. Hecontends that a Midland price at theAbilene level would give his Midlandcompetitor a competitive advantage equalto the transportation cost on the milkhe moves the 143 miles between thetwo cities. He contended that at pres-ent price levels distribution in other partsof the marketing area by plants regulatedby the Red River Valley, Lubbock-Plainview, North Texas, and OklahomaMetropolitan orders could displace pro-ducer milk from Class I uses.

A handler operating plants regulatedunder the Red River Valley and NorthTexas orders that distribute milk In theCentral West Texas area offered at thehearing a modified proposal to set theAbilene Class I price at 17 cents overthat of North Texas and the price atMidland 13 cents higher than ths Abileneprice. In his brief, however, heabandoned this proposal In favor of nochange in present order provisions.

Producer receipts and Class I use atCentral West Texas regulated plantshave been maintained at a relativelysteady level for the past 2 years. Thismarket is one of relatively high Class Iutilization of producer receipts, For thepast 4 years Class I use of producer milkhas ranged from 85 to 90 percent. In1965, 85 percent of producer milk wasused In Class I, down from the 90 percentutilization in 1963 and 1964, but such useincreased to 86 percent of producerreceipts in 1966.

Generally the local supply of producermilk has been sufficient at present ClassI prices to supply the fluid milk needs ofhandlers regulated by the Central WestTexas order. There has been no occasionIn the recent past to procure bulk milkfrom alternative sources for the needs


10206


of these plants. However, regular dis-tribution in this marketing area is madeby plants regulated under nearby orders.Such other order plant distribution ofmilk has not increased in the past 2 yearsbut has been maintained relativelysteady. Regular route distribution Ismade by handlers in this area from theNorth Texas, San Antonio, Red RiverValley, Oklahoma -Metropolitan, RioGrande Valley, and Lubbock-Plalnviewmarkets.

The principal source of milk supplyfor local plants is from approximately300 producers with farms located incounties containing parts of the market-ing area or counties adjacent thereto.Some of these producers delivering milkdirectly to Central West Texas plants arelocated in New Mexico and in Texascounties located in the marketing areaof the Red River Valley or North Texasorderm

There are regular and continuing ClassI sales of fluid milk to consumers in themarketing area from plants regulatedunder nearby orders and by producer-handlers. Such sales by these otherplants have ranged from 28 percentof the total marketing area Class Idistribution to 32 percent in the last 7years. In 1966, distribution from plantsother than regulated plants amounted to45 million pounds or 29 percent of total-Class I distribution in the marketingarea. This is a decline from 32 percentin 1964 and 31 percent in 1965.

The Lubbock-Plainview and Red RiverValley orders are the principal ordersunder which it claimed that milk may bedistributed in the Central West Texas

_area at a competitive advantage overmilk priced by the Central West Texasorder. To a lesser extent it is claimedthat North Texas handlers have com-

.petitive advantage, particularly in theeastern portion of the area to whichCentral West Texas handlers move milkeastward.

The Lubbock-Plainview price is 30cents less than the Central West Texasprice at Midland and 15 cents less thanthat at Abilene. Lubbock is 117 milesfrom Midland. At a rate of 1.5 cents perhundredweight per 10 miles, Lubbock-Plainview milk could be delivered to Mid-land at 12 cents less than the CentralWest Texas price at Midland. Lubbock-Plainview milk is distributed in theMidland-Odessa section of the CentralWest Texas area. More important, it isat Lubbock that the Midland handlerhas a plant from which he could servethe sales now served by the Midlandplant.

Red River Valley milk is distributedin the Midland-Odessa area from a plantin Wichita Falls. In 1966, the Midlandprice exceeded the Wichita Falls priceby 16 cents per hundredweight in addi-tion to the transportation cost. WhileRed River Valley milk has in the pastalso been distributed in the Abilene por-tion of the Central West Texas area, suchsales are presently being served from theNorth Texas plant of this handler. TheRed River Valley milk could have beendelivered to Abilene in 1966 at an aver-

age of about 22 cents per hundredweightless than the Central West Texas Class Iprice.

About 4 cents of these differences Inprices was due to the action of separatesupply-demand adjustors affecting theClass I prices. Olilcial notice Is takenthat a hearing has been held at whichproposals were offered to establish a com-mon supply-demand adjustor for allOklahoma and Texas orders which wouldremove supply-demand adjustor differ-ences between these markets. If thesesupply-demand adjustor disparities hadbeen removed in 1966. milk from both theRed River Valley and Lubbock-Plainvewmarkets could have been delivered toMidland at 12 cents less than the Cen-tral West Texas price at that location.

While Central West Texas handlersand producers are not currently losingClass I sales to other markets, there isclearly potential for such loss In the cur-rent price alignment with such orders.The potential loss is greatest with respectto sales of the Midland plant since theoperator of this plant also operates another order plant which could serve theMidland sales area. The Imminent threatto loss of Class I sales to other marketsis with respect to the sales served bythe Midland plant.

The recommended decision propozedthat prices be reduced by 10 cents atplants located in the Abilene area and by5 cents in the San Angelo area. After areview of the record, it is concluded thatno change should be made in prices ap-plicable at these plant locations at thistime. Strong exceptions were filed to therecommended decision which proposedreduction of prices at pool plants at loca-tions other than at Midland. Exceptorspointed out that only at the Midlandplant location is there any immediateneed for price adjustment.

Review of the record evidence in lightof the exceptions filed indicates there isless need at this time for price adjust-ments at plants located in the Abileneand San Angelo areas than at the Mid-land plant. The Midland handler couldserve the local distribution area from hisLubbock-PlainvIew plant and such ClassI sales would be lost to producers in thismarket.

Handlers with plants at Abilene couldstart serving the fluid milk sales in thismarketing area from their plants underother orders. There is no indication onthe record that they Intend to do so atthis time. The current alignment ofprices at the Abilene area plants and theprices at plants of such handlers underother orders would indicate little or noprice advantage could accrue to handlersIf sales were shifted to other order plants.The Central West Texas handlers withplants at Abilene and San Angelo do notoperate Red River Valley plants underwhich some price advantage might befound.

While handlers under the Red RiverValley order can deliver milk to Abilenefor less than the Central West Texasprices at Abilene and San Angelo. no RedRiver Valley handler is currently makingsales in the city of Abilene or n othercities close to Abilene. Except for the

sales In the Midland-Odessa area notedabove, Red River Valley handlers wereshown to have sales in only seven of the32 cities of the marketing area. Theseseven cities are small cities in the gen-eral area nearest to Wichita Falls, wherethese handiers' plants are located. Evenin these cities their sales exceed 10 per-cent of the total in only two dties, forwhich It was claimed their sales were 17and 20 percent, respectively, of totalsales. One handler rezulated by the SanAntonio order, but whose plant is locatedin the Red River Valley marketing area,distributes more generally over the Cn-

,tral West Texas are, but was not shownto have over 10 percent of total sales inany cty. In Abilene this percentage was2 percent.

While there is potential danger of lossof Abilene sales to Red River Valley milk,there is no present showing of such lozznor danger that It will become substan-tial in the immediate future. Should suchlosses occur, an amendatory hearingcould be called to examine the need forfurther price alignment.

Accordingly. It is concluded that ac-tion on this record should be limited toremoval of the plus 15-cent location ad-Justment at plants located within 70mlles of Midland, Tex.

2. Emergency action on Issue 1. TheMidland handler and the cooperativeasociation urged that emergency sus-pension action be taken and that a rec-ommended decision on Issue 1 withrespect to the Midland price be omitted.Other handlers objected to taking emer-gency action contending that this is aproblem that has existed for a long timeand there is no urgency in the matterwhich would require deviation from nor-mal amendatory procedures.

In view of the expressed oppositionto the emergency suspension or elimina-tion of a recommended decision andbecause testimony on the record indi-cates no Imminence of disorderly mar-keting conditlolz in the area, emergencyaction is denied.

Rulings on Proposed fLn2dngs and con-clusions. Briefs and proposed findingsand conclusions were filed on behalf ofcertain Interested parties. These briefs,proposed findings and conclusions andthe evidence In the record were con-sidered In making the findings and con-clusions sat forth above. To the extentthat the suggested findings and con-cluslons filed by interested parties areinconsistent with the findings and con-clusions set forth herein, the request tomake such findings or reach such con-cluslons are denied for the reasons pre-viously stated In this decision.

General findings. The findings anddeterminations hereinafter sat forth aresupplementary and in addition to thefindings and determinations previouslymade in connection with the issuance of.the aforesaid order and of the previouslyIssued amendments thereto; and all ofsaid previous findings and determina-tions are hereby ratified and affirmed, ex-cept insofar as such findings and deter-rinations may be in conflict with thefindings and determinations set forthherein.


1020T


(a) The tentative marketing agree-ment and the order, as hereby proposedto be amended, and all of the terms andconditions thereof, will tend to effec-tuate the declared policy of the Act:

(b) The parity prices of milk as deter-mined pursuant to section 2 of the Actare not reasonable in view of the price offeeds, available supplies of feeds, andother economic conditions which affectmarket supply and demand for milk inthe marketing area, and the minimumprices specified in the proposed market-ing agreement and the order, as herebyproposed to be amended, are such pricesas will reflect the aforesaid factors, in-sure a sufficient quantity of pure andwholesome milk, and be in the publicinterest; and

(c) The tentative marketing agree-ment and the order, as hereby proposedto be amended, will regulate the handlingof milk in the same manner as, and willbe applicable only to persons in the re-spective classes of industrial and com-mercial activity specified in, a marketingagreement upon which a hearing hasbeen held.

Rulings on exceptions. In arriving atthe findings and conclusions, and theregulatory provisions of this decision,each of the exceptions received was care-fully and fully considered in conjunctionwith the record evidence pertainingthereto. To the extent that the findingsand conclusions, and the regulatory pro-visions of this decision are at variancewith any of the exceptions, such excep-tions are hereby overruled for the rea-sons previously stated in this decision.

Marketing agreement and order. An-nexed hereto and made a part hereof aretwo documents entitled, respectively,"Marketing Agreement Regulating theHandling of Milk in the Central WestTexas Marketing Area", and "OrderAmending the Order Regulating theHandling of Milk in the Central WestTexas Marketing Area", which have beendecided upon as the detailed and appro-priate means of effectuating the fore-going conclusions.

It is hereby ordered, That all of thisdecision, except the attached marketingagreement, be published in the FEDERAL.REGISTER. The regulatory provisions ofsaid marketing agreement are identicalwith those contained in the order ashereby proposed to be amended by theattached order which will be publishedwith this decision.

Determination of representative pe-riod. The month of April 1967 is herebydetermined to be the representative pe-riod for the purpose of ascertainingwhether the issuance of the attachedorder, as amended and as hereby pro-posed to be amended, regulating the han-dling of milk in the Central West Texasmarketing area, is approved or favoredby producers, as defined under the termsof the order, as amended and as herebyproposed to be amended, and who, duringsuch representative period, were engagedin the production of milk for sale withinthe aforesaid marketing area.

Signed at Washington, D.C., on July5, 1967.

GEORGE L. MEHREE,Assistant Secretary.

Order I Amending the Order Regulatingthe Handling of Milk in the CentralWest Texas Marketing Area

§ 1128.0 Findings and determinations.

The findings and determinations here-inafter set forth are supplementary andin addition to the findings and deter-minations previously made in connec-tion with the issuance of the aforesaidorder and of the previously issuedamendments thereto; and all of saidprevious findings and determinations arehereby ratified and affirmed, except inso-far as such findings and determinationsmay be in conflict with the findings anddeterminations set forth herein.

(a) Findings upon the basis of thehearing record. Pursuant to the provi-sions of the Agricultural MarketingAgreement Act of 1937, as amended (7U.S.C. 601 et seq.), and the applicablerules of practice and procedure govern-Ing the formulation of marketing agree-ments and marketing orders (7 CFR Part900), a public hearing was held uponcertain proposed amendments to the ten-tative marketing agreement and to theorder regulating the handling of milk inthe Central West Texas marketing area.Upon the basis of the evidence intro-duced at such hearing and the recordthereof, it is found that:

(1) The said order as hereby amended,and all of the terms and conditionsthereof, will tend to effectuate the de-clared policy of the Act;

(2) The parity prices of milk, as de-termined pursuant to section 2 of the Act,are not reasonable in view of the price offeeds, available supplies of feeds, andother economic conditions which affectmarket supply and demand for milk inthe said marketing area, and the mini-mum prices specified in the order ashereby amended are such prices as willreflect the aforesaid factors, insure asufficient quantity of pure and whole-some milk, and be in the public Interest;and

(3) The said order as hereby amend-ed, regulates the handling of milk in thesame manner as, and is applicable onlyto persons in the respective classes of in-dustrial or commercial activity specifiedin, a marketing agreement upon which ahearing has been held.

ORDER RELATIVE TO HANDLING

It is therefore ordered, That on andafter the effective date hereof the han-dling of milk in the Central West Texasmarketing area shall be in conformity toand in compliance with the terms andconditions of the aforesaid order, asamended and as hereby amended, as fol-lows:

1 This order shall not become effective un-less and until the requirements of § 900.14 ofthe rules of practice and procedure govern-ing proceedings to formulate marketingagreements and marketing orders have beenmet.

§ 1128.53 [Amended]1. Section 1128.53(a) is revoked and

paragraphs (b), (c), and (d) are re-designated (a), (b), and (c), respectively.

2. Section 1128.91 (a) Is revised toread as follows:

§ 1128.91 Location adjustments to pro-ducers.

(a) In making payments to producerspursuant to § 1128.90, the uniform pricefor all milk computed pursuant to§ 1128.72 for milk received from produc-ers at an approved plant shall be adjustedat the rates set forth inI 1128.53, applic-able at the location of such plant.

[PI.R. Doc. 67-7980; Filed, July 10, 1907;8:50 a.m.]

DEPARTMENT OF THE TREASURYInternal Revenue Service

[27 CFR Part 5 3

LABELING AND ADVERTISING OF

DISTILLED SPIRITS

Notice of Hearing on Petitions Pro-posing Changes in Regulations

Notice Is hereby given, pursuant to theprovisions of section 5 of the FederalAlcohol Administration Act (49 Stat. 981as amended; 27 U.SC. 205), of a publichearing to begin at 9:30 a.m.. e.d.t., onMonday, September 18, 1987, in the Au-ditorium of the Museum of Natural His-tory, 10th Street and Constitution Ave-nue NW., Washington, D.C., at whichtime and place all interested parties willbe afforded opportunity to be heard, Inperson or by authorized representative,concerning the petitions for regulatorychanges in 27 CFR Part 5 as statedbelow.

PETITIONS

1. Petitioner: The American DistillingCo., 150 East 42d Street, New York, N.Y.10017.

Petition: a. To add a new standard ofIdentity for a whisky which has beendistilled at more than 160" proof butat less than 190" proof, aged In oak bar-rels seasoned by prior use, and to permitsuch whisky to bear a conventional agostatement.

2. Petitioner: The Associated Cooper-age Industries of America, Inc., 408 OliveStreet, St. Louis, Mo. 63102.

Petition: a. To provide a maximumlimit of 53 wine gallons on the size of newwhite oak barrels used for the aging ofdomestic whiskies.

Remarks: Persons desiring to testifyon this proposal should be prepared todiscuss the effect of barrel size on theaging of whisky, and, If the testimonyIs directed at barrels of a particular size,the relative effect of that size on ageshould be covered. Persons who supportlarge size containers provided pieces ofcharred oak wood can be Inserted Intothe containers to correct or minimize


10208


deficiencies resulting from the large sizeof the container, should submit evidence:(1) as to the effect of aging whisky inthis manner; (2) as to any differencesfrom aging whisky in barrels to whichwood chips have been added; and (3) asto whether the insertion of pieces ofcharred oak wood into the containersshould be required to be disclosed on thelabel.

3. Petitioner: Grosscurth Distillers,Inc., Echo Trail Road, Anchorage, Ky.40001.

Petition: a. To redefine "bourbonwhisky," "rye whisky," "wheat whisky,""malt whisky," or "rye malt whisky," aswhisky which has been distilled from afermented mash of not less than 51 per-cent corn grain, rye grain, wheat grain,malted barely grain, or malted rye grain,respectively, and stored in any type ofcharred white oak container, new orused.

b. To eliminate the requirement thatdomestically produced whiskies (otherthan corn) aged in reused cooperagebear a statement to the effect that theyhave been stored in reused cooperage.

c. To permit the normal age claimfor domestic whiskies aged in/ reusedcooperage.

d. To eliminate the maximum dis-tillation proofs prescribed for whisky andAmerican type whiskies respectively,which presently are as follows:

(1) Less than 190 ° proof for the classwhisky, and

(2) 1600 proof or less for Americantyiewhiskies.

4. Petitioner: Publicker Industries,Inc., 1429 Walnut Street, Philadelphia,Pa. 19102.

Petition: a. To redefine "bourbonwhisky," "rye whisky," "wheat whisky,""malt whisky," or "rye malt whisky" aswhisky which has been distilled at lessthan 190 proof from a fermented mashof not less than 51 percent corn grain,rye grain, wheat grain, malted barleygrain, or malted rye grain, respectively,and stored in any type of charred whiteoak container, new or used.

b. To eliminate the requirement thatdomestically produced whiskies (otherthan corn) aged in reused cooperagebear a statement to the effect that theyhave been stored in reused cooperage,and to permit the normal age statementfor domestic whiskies aged in reusedcooperage.

c. To provide that any mixture of onetype of straight whisky be designatedas "straight (appropriate type) whisky"instead of "a blend of straight (appropri-ate type) whiskies."

d: To provide that any mixture of dif-ferent types of straight whiskies be des-ignated as "straight whisky" instead of"a blend of straight whiskies."

e. To provide that all domesticallyproduced whiskies must be aged a mini-mum of 4 years before bottling.

f. To eliminate the present maximumproof (1250) at which whisies may bestored.

5. Petitioner: Schenley Industries,Inc., 1290 Avenue of the Americas, NewYork, N.Y. 10019.

Petition: a. To eliminate the require-ment that domestically produced whis-kies (other than corn) aged in reusedcooperage bear a statement to the effectthat they have been stored in reusedcooperage and to permit the normal agestatement for domestic whiskies aged inreused cooperage.

b. To redefine "bourbon whisky," "ryewhisky," "wheat whisky," "malt whisky,"or "rye malt whisky" as whisky which,without limitation as to distillation orentry proof, has been distilled from afermented mash of not less than 51 per-cent corn grain, rye grain, wheat grain,malted barley grain, or malted rye grain,respectively, and stored in any type ofcharred white oak container, new o-used.

c. To provide that all domesticallyproduced whiskies must be aged a mini-mum of 2 years before bottling.

d. To provide that regulatory changesin respect to the labeling of any whisky

or other distilled spirits shall not applyto products produced before the date ofthe publication of the new regulations infinal form; nor to products producedafter said date If bottled in less than 6years from the date of publication.

6. Petitioner: Joseph E. Seagram &Sons, Inc., 375 Park Avenue, New York,N.Y. 10022.

Petition: a. To amend the standards ofIdentity with respect to distilled spiritsdistilled at or above 1900 proof from afermented mash of grain to provide thatsuch distilled spirits, when stored inreused cooperage for not less than 2years, be designated "grain spirits" inlieu of "neutral spirits" with the requiredstatement as to the commodity fromwhich distilled.

b. To provide that spirits distilled ator above 1900 proof from a fermentedmash of grain and placed in reusedcooperage for a minimum of 2 years bepermitted to claim age for the periodof storage in reused cooperage.

In the Interest of orderly procedure thesubjects raised by the petitions will beheard separately and in the order setforth below:

Ordcr c©ubcds rCeIUff Prop:- 1

1 Pcc--erbanwtp of Ughtwh.kTdcj La tr~J cs-,r, a Am=z'~mDLlsC'Co. _ awhich will bear a convcatt~on1 cau tilmcal.

2. Ellunato the reused c cp=mo tat cmcat fa all wh~kLz.. Pbbzk Inblr!:_o.._b

3. Permit ago statemcnt far damcth whLf-ky M5l La t,- Grczu--h DLiIIL ....

F5hca:y aGrc:uth M~~~-s......... a

4. Pcrmit stora o bourlons, rye% d., In arA cc rc.n .... FubI'2t. I 1u r .....Fzc1y lnluitr1- b

0rcsIuztD1-......... d5. Eliminato prsont maximum dMilhtton pr., ...... Pai21:kc zaztr.- ... a

0. EUminato prc~ent maximum etry PuTU UbiCz Ifaia'chsFzt5-m1_ny aIrt I zr..____ _ b

7. EstbIlah minimum ao xo'ulromcnt f.r whLkL- ........ Juh-£rk- Irl.r . .... a

8. Limit barreslr. ........ A.L.c1 -P- t.. . a9. Change dcslgaattla fcr mixturnos ' crn typ el rtra~zt PuL. e

Whisky.10. Chango dcsgnatklnformlturcsfdlffcrntt typ co fdrm t .do .. ... dwhiakirs.IL Pr-sciAb a now dQa=t!sn awl c ,3 &lra frr:utral.spr1ts 3cph . .. a, b

stored In usrad coopsiag,1. ------lv -a _ .... . ..--- mm'a ... . .

REQUESTS To Prmsm;T ORAL TEsmooNr

All persons who desire to present oraltestimony should so advise the Director,Alcohol and Tobacco Tax Division, In-ternal Revenue Service, Washington,D.C. 20224, not later than FrIday, Sep-tember 8, 1967. Requests shall be sub-mitted in an original and three copiesand must include (1) the name andaddress of the party submitting therequest, (2) the name and addres ofthe person or persons who will presentoral testimony, (3) Identification of thesubject or subjects to which the testi-mony will be directed, and (4) theapproximate length of time desired forthe presentation of testimony on eachsubject.

Sussiour or W.rTTm MTEnAL

Any interested party may submit tothe Director, Alcohol and Tobacco Tax

Division, Internal Revenue Service,Washington, D.C. 20224, In an originaland nine copies, relevant and materialwritten data, views, or arguments forIncorporation Into the record of hearing.The subJect to which the comments aredirected must be specifically identfled.Written material must be received notlater than Wednesday, September 13,1967.

At the conclusion of the hearing a rea-sonable time will be afforded interestedparties for examination of the recordand submission of written argumentsand briefs.

[SrALl HsxnoL A. S=n,Director, Alcohol and Tobacco

Tax Division, InternaZ R ve-nue Service.

[P.R. Da-. 67-7D23; Pfled, July 10, 1967;8:47 am.]


102909

PROPOSED RULE ,JMAXNG

DEPARTMEN" OFTRANSPORTATION

Federal Aviation Administration[14 CFR Part 71]

[Airspace Docket No. 67-SW-47]

CONTROL ZONEProposed Alteration

The Federal Aviation AdministrationIs considering amending Part 71 of theFederal Aviation Regulations to alter theP alsoos, Tex., cor ol zone so as to Pro-vide controled airspace for the proposedemergency DF instrument approach pro-cedure which will serve the Palaclos

hfneplAirport.Interested persons may submit such

written data, views, or arguments as theymay desire. Communications should besubmitted In Urilicate to the Chief, AirTraffic Division, Southwest Region, Fed-eral Aviation Administration, Post Of-fice Box 1689, Fort Worth, Tex. 76101.All communications received within 45days after 'publication of this notice inthe FEDERAL REGISTER will be consideredbefore action is taken on the proposedamendment. No public hearing is con-templated at this time, but 'arrange-ments for informal ownerences withFederal Aviation Administration offictalsmay be made by contacting the Chief,Air Tra~ic Division. Any data, views, orarguments presented during such con-ferenoes must also be submitted in writ-ing in accordance with this notice Inorder to become part of the record forconsideration. The proposal containedin this notice may be changed in thelight of comments Teceived.

The official .docket wil be available forexamtAnsatln by Interested persons at theOffice f the Regionl Counset, SouthwestRegion, Federal Aviation Administration,Fort Worth, Tex. An Informal docket willalso be available for examination at theOffice of the Chief, Air Traffic Division.

It Is proposed that -the Palaclos, Tex.,Iontml zome as presently described in

FAR, Part 71, §71.171 (32 FMR. 2124) beamended o read:

PALACMOS, TEL.IM" alepac wilda a Z.miffe xZRdas of

MOAui Munic l AIiZPrt Xastitude 2-43'85" N., 1wagide 06- 16'15" W.) ad -witln2 milea each side ad the 26' bearing (15"magnetic) from the Palaclos DF station (lati-tude 28"43'22" N. longitude 96"15"07'1 W.)extending Trom the 5-mile Tadlus zone to 8MAUS Meritmest oc tft Pstan1wi.

This Mnendment is proposed under theauthority -of section 307(a) f the Fed-eral Aviation Act of 1958 (49 US.C.1348).

based Inimort Woth,-T1ex., on June 30,%6v.

A.L. VouLTzlR,ActiWDiec6*r, S oueth estRegioz.

[F.R. Doc. 67-V922; PWed, July 10, 1967;8:46 a.m.]

T 14 CFR 'Pad 71 1lAirspace Dodket2~o. 87-80-48]

FEDERAL AIRWAY

Proposed AlterationThe Federal Aviation Administration

is considering an anendment to Part71 of the Federal Aviation Regulationsthat would reduce the ceiling on the seg-ment of V-56 between Fayetteville, N.C.,and the intersection of Fayetteville 0980and New Bern, N.C., 256* True radials(Wallace INT) from "'at and above 9,000feet MSL" to "at and above 5,000 feetMSL." This action would result In amaximum authorized altitude of 4,00feet MSL on this airway segment, andrelease additional airspace for Air ForceAir Combat Tactics Training which willbe conducted down to 5,000 feet MSL.

Interested persons may participate Inthe proposed rule making by submittingsuch written data, views, or argumentsas they may desire. Communicationsshould identify the airspace docket num-ber and be submitted in triplicate to theDirector, Southern Region, Attention:Chief, Air Traffic Division, Federal Avia-tion Administration, Post Office Box20636, Atlanta, Ga. 30320. All communi-cations received within 45 days afterpublication of this notice In the FEDEA LREGisTER will be considered before actionis taken on the :prposed amendments.The proposals contained in this noticemay be changedin the light of commentsreceived.

An official docket will be available forexamination by interested persons at theFederal Aviation Administration, Officeof the General Counsel, Attention: Rules.Doclet, SO0 Independence Avenue SW.,Washington, D.C. 20590. An informaldocket also will be available for examina-tion at the office of the Regional AirTraffic Division Chief.

This amendment is proposed under theauthority of section 307(a) of the Fed-eral Aviation Act of 1958 (49 U.S.C.1348).

Issued In -Washington, D.C., on June3D, 11M7.

T. MCCORMACK,Aot;&V CkieJ. AftpaoeandAir

Trafflc _Rzes Division.[P.R. Doc. 7-4928; 7Bed, July 10, 1987;

11:46 am.]

[14 CFR Part 71 ]I1aspaceDocket No.6V-8W-27]

TRANSITION AREA

Proposed DesignalionThe Federal Aviation .Admnistration

Is cwsidering amending Part 71 of theFederal Avktion Agulati to desig-mate a trnsition area at Rvadale, Tex.The proposed transition area will pro-vide airspace protection for aircraft exe-cuting approach/departure proceduresat Evadale AipoartEvadale, Tex.

Interested persons may subnit suchwritten data, views, or arguments as

they may deare. Ommunioaons shouldbe submitied In triplicate to the Chief,Air Tbeffic Division, 8euthwest Region,Federal Avistlo Administration, PostOie Bow 1,689, Fort Worth, Tex. 76101.All communications received within 30days after publioation of this notice Inthe lMizRAL Rzoum will be consideredbefore action is taken on the proposedamendment. No public hearing Is con-templated at this time, but arrangementsfor informal onferences with FederalAviation Administration officials may bemade by contacting the Chief, Air TrafficDivisiom Any data, views, or argumentspresented during such conferences mustalso be submitted in writing in accord.ance with this notice in order to becomepart of the record for consideration. Theproposal contained in this notice may bechanged In the light of commentsreceived.

The official docket will be availablefor examination by interested persons atthe 'Office of the Regional Counsel,Southwest Region, Federal Aviation Ad-ministration, Fort Worth, Tex. An infor-mal docket will also be available for ex-ainination at the Ofe of the Chief, AirTraffic Division.

It Is proposed to designat the Evadale,Tex., transition area as that airspace ex.tending upward from TOO feet above thesurface within a 5-mile radius of NvadaleAirport (latitude 3001930" N., longitude94*04'24" W.), and within 2 miles eachside of the 150" bearing <1430 magnetic)from the Evadale RBN (latitude 30264'-16" N., longitude 94"07'37" W.), extend-ing from the 5-mile radius area to theRBN.

This amendment Is poposed under theauthority of section 307(a) of the Fed-eral Aviation Act of 1958 (49 U.S.C. 1348),

Issued in Fort Worth, Tex., on June 30,1967.

A.L. COrLTzR,Acting Director. Southwest iregion,

[P.. Doc. 47-W24; MC July 10, 1987;8:47a.m.]

[14 CFR Part 71 1[Arspaoe Docket No. 87-,A-8 ]

CONTROl. ZONE AND TRANSMONAREA

Propos" AlterationThe Federal Aviation Administration

is considering amending j|71.1'1 and71.,8 of Part 71 oi the vederl AviationBeulstdon so as to alter the Cincisnati,Ohio, control zone and DO-loot floortransition area.

A new 24DB (AD?) Instrument ap-proach procedure has been authorizedfor Cincinnht Municipal <-unken Field)Arprt, Cinahmti, Chlo, and will re-quire airsaoe Prvbeoton for Aircraftexecuting the appaclh and departureprocedures.

Interested parties may submit suchwritten data or views as they may desire.Communmostlons *hmM be submitted Intriplicate to the Director, Eastern Region,

FEDERAL REGISTI, VOL. 42, NO. 132-TUESDAY, JULY 17, 1967

110210


Attention: Chief, Air Traffic Division,Department of Transportation, FederalAviation Administration, Federal Build-ing, John F. Kennedy International Air-port, Jamaica, N.Y. 11430. All communi-cations received within 30 days after pub-lication in the FEDERAL REGiSTER will beconsidered before action is taken on theproposed amendment. No hearing is con-templated at this time, but arrangementsmay be made for informal conferenceswith Federal Aviation Administrationofficials by contacting the Chief, Airspaceand Standards Branch, Eastern Region.

Any data or views presented duringsuch conferences must also be submittedin writing in accordance with this noticein order to become part of the recordfor consideration. The proposal con-tained in this notice may be changed inthe light of comments received.

The official docket will be available forexamination by interested persons at theOffice of Regional Counsel, Federal Avia-tion Administration, Federal Building,John F. Kennedy International Airport,Jamaica, N.Y.

The Federal Aviation Administration,having completed a review of the airspacerequirements for the terminal area ofCincinnati, Ohio, proposes the airspaceaction hereinafter set forth:

1. Amend § 71.171 of Part 71 of theFederal Aviation Regulations so as todelete the description of the Cincinnati,Ohio, control zone and insert in lieuthereof the following:

C-c-nZrATx, OHIO

Within a 5-mile radius of the center,9°06"14" N., 84-25'18" W., of Cincinnati

-Municipal (Lunken Field) Airport. Cincin-nati, Ohio; within 2 miles. each side of theCincinnati Municipal ILS localizer northcourse extending from the 5-mile radius zoneto the Madeira, Ohio, RBI Tand within 2 mileseach side of a 2270 bearing from the LunkenRBN extending from the 5-mlle radius zoneto the RBN.

2. Amend § 71.181 of Part 71 of theFederal Aviation Regulations so as to de-lete in the 700-foot floor Cincinnati,Ohio, transition area the phrase "With-in an 8-mile-radius" and insert in lieuthereof "Within a 9-mile radius"; fur-ther delete the period at the end of theparagraph and add "; within 2 mileseach side of a 0440 bearing from theLunken RBN extending from the 9-mileradius area to 8 miles northeast of theRN and within 2 miles each side of a0400. bearing from the Lunken RBN ex-tending from the 9-mile radius area to12 miles northeast of the RBN."

This amendment is proposed undersection 307(a) of the Federal AviationAct of 1958 (72 Stat. 749; U.S.C. 1348).

Issued in Jamaica, N.Y., on June 23,1967.

WAynE HENDERSHOT,Acting Director, Eastern Region.


[ 14 CFR Part 71][Airspace Ioket No. 67-AL-51

CONTROL ZONE AND TRANSITIONAREA

Proposed DesignationThe Federal Aviation Administration

is considering amendments to Part 71of the Federal Aviation Regulations thatwould designate a control zone and tran-sition area at Point Barrow, Alaska, asfollows:

1. The Point Barrow. Alaska, controlzone would be within a 5-mile radius ofthe Point Barrow AFS Airport, PointBarrow, Alaska (latitude, 71020'18" N.,longitude 156°38'00" W.) ; within 2 mileseach side of the 0410 True (0150 M)bearing from the Point Barrow radiobeacon (PBA), extending from the 5-mile radius zone to 8 miles northeast ofthe RBN; within 2 miles each ide ofthe 1710 True (1450 M) bearing fromthe Point Barrow RBN (PBA), extend-Ing from the 5-nille radius zone to 8miles south of the RBN; within a 5-mileradius of the Wiley Post-Will RogersMemorial Airport, Barrow, Alaska (lati-tude 7117'05" N., longitude 156046'05"W.) ; within 2 miles each side of the 226°

True (2000 A) bearing from the PointBarrow, Alaska RBN (BRW), extendingfrom the 5-mile radius zone to 8 milessouthwest of the RBN; and within 2miles each side of the 2660 True (2400 l)bearing from the Point Barrow RBN(BRW), extending from the 5-mile ra-dius zone to 8 miles west of the RBN.This control zone would be effective dur-ing the specific dates and times estab-lished in advance by a Notice to Airmen.The effective date and time would there-after be continuously published in theAla ska Airman's Guide and ChartSupplement.

2. The Point Barrow, Alaska, transi-tion area would be designated as thatairspace extending upward from 700 feetabove the surface within a 17-mile radiusof latitude 71018'00" N., longitude 156043'00" W. This transition area would beeffective during the specific dates andtimes established in advance by a Noticeto Airmen. The effective date and timewould thereafter be continuously pub-lished in the Alaska Airman's Guide andChart Supplement.

The proposed control zone and transl-tion area would provide controlled air-space for aircraft executing holding pat-terns, and instrument approach anddeparture procedures for the airportsconcerned.

Considerably more than 200 annualinstrument approach procedures havebeen conducted in the Point Barrow areafor a number of years. The continuingvolume of instrument operations in thisarea of notably poor weather conditionsdictates the need for the proposed con-trol zone and transition area.

Minimum facilities necessary to sup-port the proposed control zone, transi-tion area and a public instrument ap-

proach procedure for the Point Barrowarea are planned in the near future.Special Instrument approach proceduresusing a private radio beacon to both air-ports, are authorized for a scheduledair carrier.

A part-time Flight Service Station isexpected to be operational at Barrow,Alas-La, in the near future. Initially, thehours of operation will be from 0800 to1800, local time, daily. However, afterIt has been in operation for a sufficientperiod of time, a determination will bemade concerning the hours of operationrequired to meet the public need. Thetime of weather observations, point-to-point communications to Fairbanks,Alaska, air route traffic control center,and air/ground communications capabi-Ity will coincide with the hours of opera-Uon of the Flight Service Station.

As parts of thee proposals relate tonavigable airspace outside the UnitedStates, this notice is submitted in con-sonance with the ICAO InternationalStandards and Recommended Practices.

Applicability of International Stand-ards and Recommended Practices, by theAir Traffic Service, FAA, in areas out-side domestic airspace of the UnitedStates is governed by Article 21 andAnnex 11 to the Convention on Interna-tional Civil Aviation ICAO), which per-tains to the establishment of air navi-gation facilities and services necessaryto promoting the safe, orderly, andexpeditious flow of civil air traffic. Itspurpose is to Insure that civil flying oninternational air routes is carried outunder uniform conditions designed toimprove the safety and efficiency of airoperations.

The International Standards andRecommended Practices in Annex 11apply in those parts of the airspace un-der the Jurisdiction of a contractingstate, derived from ICAO, wherein airtralie services are provided and alsowhenever a contracting state accepts theresponsibillty of providing air trafficservices over high seas or in airspace ofundetermined sovereignty. A contractingstate accepting such responsibility mayapply the International Standards andRecommended Practices to civil aircraftin a manner consistent with that adoptedfor airspace under Its domestic jurisdic-tion.

In accordance with Article 3 of theConvention on International Civil Avia-tion, Chicago, 1944, state aircraft areexempt from the provisions of Annex 11and Its Standards and RecommendedPractices. As a contracting state, theUnited States agreed by Article 3 (d) thatIts state aircraft will be operated ininternational airspace with due regardfor the safety of civil aircraft.

Since this action Involves, in part, thedesignation of navigable airspace outsidethe United States, the Administrator hasconsulted with the Secretary of State andSecretary of Defense in accordance withthe provisions of Executive Order 10854.

Interested persons may participate inthe proposed rule making by submittingsuch written data, views, or arguments as


10211


they may desire. Communications shouldidentify the airspace docket number andbe submitted in triplicate to the Direc-tor, Alaskan Region, Attention: Chief,Air Traffic Division, Federal AviationAdministration, 632 Sixth Avenue, An-chorage 99501. All communications re-ceived within 30 days after publication ofthis notice in the EDERAL REGISTER willbe considered before action is taken onthe proposed amendments. The proposalscontained in this notice may be changedin the light of comments received.

An official docket will be available forexamination by interested persons at theFederal Aviation Administration, Officeof the General Counsel, Attention: RulesDocket, 800 Independence Avenue SW.,Washington, D.C. 20590. An informaldocket also will be available for examina-tion at the Office of the Regional AirTraffic Division Chief.

These amendments are proposed un-der the authority of sections 307 (a) and1110 of the Federal Aviation Act of 1958(49 U.S.C. 1348, 1510) and ExecutiveOrder 10854 (24 FR. 9565).

Issued in Washington, D.C., on July3, 1967.

T. McCoPmAcK,Acting Chief, Airspace and

Air Traffic Rules Division.[F.R. Doc. 67-7946; Filed, July 10, 1967;

8:49 axa.]

1 14 CFR Part 71]lAirspace Docket No. 66-SW-52]

VOR FEDERAL AIRWAYS

Proposed Alteration and DesignationThe Federal Aviation Administration

Is considering amendments to Part 71of the Federal Aviation Regulations thatwould alter and designate certain VORFederal airway segments within thegreater Houston, Tex., terminal area.

Inberested persons may participate inthe proposed rule making by submittingsuch written data, views, or argumentsas they may desire. Communicationsshould identify the airspace docketnumber and be submitted in triplicateto the Director, Southwest Region, At-tention: Chief, Air Traffic Division, Fed-eral Aviation Administration, Post Of-floe Box 1689, Fort Worth, Tex. 76101.All communications received within 45days after publication of this notice inthe F DmRAL ResisrzR will be consideredbefore action is taken on the proposedamendments. The proposals contained inthis notice may be changed in the lightof comments received.

An official docket will be available forexamination by interested persons at theFederal Aviation Administration, Officeof the General Counsel, Attention: RulesDocket, 800 Independence Avenue SW.,Washington, D.C. 20590. An informaldocket also will be available for examina-tion at the office of the Regional AirTraffic Division Chief.

The Federal Aviation Administrationis considering the following airspaceproposals:

1. Realign VOR Federal airway No. 15segment from Houston, Tex., with a 12

AGL floor to College Station, Tex., viaNavasota, Tex.

2. Realign VOR Federal airway No. 20north alternate segment from Palacios,Tex., with a 12 AGL floor to Houston viathe intersection of the Palacios 031' T(0230 M) and Houston 252' T (244' M)radials.

3. Designate VOR Federal airway No.70 north alternate segment from Pala-cios with a 12 AGL floor to Sabine Pass,Tex., via the intersection of the Palacios031 ° T (023' M) and Sabine Pass 284' T(277' M) radials.

4. Realign VOR Federal airway No.180 segment from Eagle Lake, Tex., witha 12 AGL floor to Galveston, Tex., via theintersection of the Eagle Lake 112' T(104' M) and Galveston 276 ° T (268' M)radials.

5. Extend VOR Federal airway No. 198from Houston with a 12 AGL floor toSabine Pass via the intersection of theHouston 090' T (082' M) and SabinePass 265* T (258' M) radials, including a12 AGL north alternate segment fromEagle Lake to Sabine Pass via the inter-section of the Eagle Lake 066' T (058'M) and Sabine Pass 284" T (277' M)radials.

6. Realign VOR Federal airway No.222 segment from Industry, Tex., with a12 AOL floor to Beaumont via the inter-section of the Industry 087" T (079' M)and Beaumont 274" T (267* M) radials,including a 12 AOL north alternate seg-ment from the intersection of the Indus-try 087" T (079' M) and Beaumont 274"T (267* M) radials to Lake Charles, La.,via Daisetta, Tex.

7. Realign VOR Federal airway No.477 north alternate segment from Hous-ton with a 12 AGL floor to Leona, Tex.,via Navasota.

8. Designate VOR Federal airway No.261 from Corpus Christi, Tex., with a12 AGL floor to Dallas, Tex,, via theintersection of Corpus Christi 0540 T(045 ° I) and Palacios 226' T (218' M)radials; Palaclos; intersection of Pala-cios DID' T (0D2" M) and Eagle Lake 163'T (1550 M) radials; Eagle Lake; CollegeStation; Leona; intersection of Leona353 ° T (345 M) and Dallas 155' T (147'M) radlals, including a 12 AGL eastalternate segment from Palaclos to Leonavia the intersection of Palacos 031' T(023' M) and Navasota 120' T (112' M)radials and Navasota.

These proposed airway alterations aredesigned to serve air traffic arriving anddeparting the new Houston Intercon-tinental Airport. The proposed designa-tion of V-261 will provide a bypass routewest of the Houston terminal area forair traffic operating between CorpusChristi and Dallas.

These proposed amendments are madeunder the authority of section 307(a)of the Federal Aviation Act of 1958 (49U.S.C. 1348).

Issued in Washington, D.C., on July3, 1967.

T. McCoxc,Acting Chief, Airspace and

Air Traffic Rules Division.[P.R. Doe. 67-7947, Piled, July 10, 1967;

8:49 am.]

114 CFR Part 75 ][Alrose Docket No. 67-SW-201

JET ROUTEProposed Alteration

The Federal Aviation AdministrationIs considering an amendment to Part 75of the Federal Aviation Regulations thatwould realign Jet Route No. 26 from ElPaso, Tex., via the INT of El Paso 069'and Roswell, N. Mex., 215" True radial:;to Roswell. This action would provide ashorter more direct route between ElPaso and Roswell. J-26 Is now alignedfrom El Paso to Roswell via the Inter-section of El Paso 088' and Roswell 213'True radials.

Interested persons may participate Inthe proposed rule making by submittingsuch written data, views, or argumentsas they may desire. Communicationsshould identify the airspace docket num-ber and be submitted in triplicate to theDirector, Southwest Region, Attention:Chief, Air Traffic Division, Federal Avia-tion Administration, Post Office Box 108,Fort Worth, Tex. 16101. All communica-tions received within 45 days after pub-lication of this notice in the PZE^RALRzGISTER will be considered before actionIs taken on the proposed amendments.The proposals contained in this noticemay be changed in the light of com-ments received.

An official docket will be available forexamination by interested persons at theFederal Aviation Administration, Officeof the General Counsel, Attention: RulesDocket, 800 Independence Avenue SW.,Washington, D.C. 20590. An informaldocket also will be available for examina-tion at the office of the Regional AirTraffic Division Chief.

This amendment Is proposed underthe authority of section 307(a) of theFederal Aviation Act of 1958 (49 U.S.C.1348).

Issued n Washington, D.C., on July 3,1967.

T. MCCORMAON,Acting Chief, Airspace and

Air Traffic Rules Division.[F.R. Doc, 67-7948: lled, July 10, 1007:

8:49 azm.]

[14 CFR Part 71 ][Airapaoe Docket No. 67-8-081

TRANSITION AREA

Proposed Alteration

The Federal Aviation Administrationjs considering an amendment to Part 71of the Federal Aviation Regulations thatwould alter the Birmingham, Ala., tran-sitlon area.

Interested persons may submit suchwritten data, views, or arguments asthey may desire. Communications shouldbe subntted in triplicate to the AreaManager, Memphis Area Ofce, Atten-tion: Chief, Air Traffic Branch, FederalAviation Administration, Post Office Box18097, Memphis, Tenn. 38118. All com-munications received within 30 days af-ter publication of this notice In the


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FnnA.L EoLsm will be considered be.fore action is taken on the proposecamendment. No hearing is coniemplatecat this time. but arrangements for in.formal conferences with Federal Avia-tion Administration officials may bimade by contacting the Chief, Air TraMBranch. Any data, views, or argument-presented during such conferences mu ialso be submitted in writing in accord-ancewith this notice in order to becomipart of the record for consideration. Thfproposal contained in this notice mabe changed in the light of commentreceived.

The Birmingham 1,200-foot transitiorarea described in § 71.181 (32 P.R. 2141and 3765) would be altered as follows:

"* * * thence southwest along thisoutheast boundary of V-209 to a 19-milradius arc centered on the TuscaloosaAla, VOR; thence clockwise along thtare to longitude 87°30'00" W.; thenefnorth along longitude &7°30'00" W. t<point of beginning, excluding that por-tion that coincide with R-2101 and thfGadsden, Ala., transition area * * *'would be deleted and "* * * thenc(southwest along the southeast boundar3of V-209 to longitude 88°00'00 " W.;thence north along longitude 88'00'00' '

W., to. the north boundary of V-18;thence northeast along the north bound-ary of V-1 to a 19-mile radius are cen-tered on the Tuscaloosa,'Ala., VORTACthence clockwise along this are to longi-tude 87°30'00" W.;-thence north alonElongitude 87°30'00" W. to point of be-ginning, excluding that portion thaicoincides with R-2101 and the GadsdenAla., transition area * * *." would lxsubstituted therefor.

The proposed additional airspace I,required for the protection of IFR opera-tions and for radar vectoring of aircraflarriving and departing the Birminghamarea.

The official docket will be available foexamination by interested persons at theSouthern Regional Office, Federal Avia-tion Administration, Room 724, 340CWhipple Street, East Point, Ga. -

This ameuidmdfit Is -proposed undeisection 307(a) of the Federal AviationAct of 1958 (49 UO.C. 1348(a)).

Issued in East Point, Ga., on June 30,1967.

JAIEs G. Ro GEas,Director, Souzthernr Region.

[P.R.'nc 67-7949. Filed. July 10, 1967;- - 8:49 aan.L -_

[ 14 CFR Part 71][-Ahl&pa0eocket No. 67-SO-64'

TRANSITION. AREA

Proposed' DesignationThe Federal Aviation Administration

is considering an amendment to Part 71of the Federal Axiation Regulations thatwould designate the Camden, S.C., tran-sition area.

Interested persons may submit suchwritten data, views, or arguments as theymay desire. Communications should be

- submitted In triplicate to the Area Man-I ager, Atlanta Area Office, Attention:I Chief, Air Trafic Branch, Federal Avia-- tion Administration, Post Office Bor- 20636, Atlanta, Ga. 30320. All communl-a cations received within 30 days after

publication of this notice In theFxD~nss REG= will be considered before actionb is taken on the proposed amendment. No

hearing is contemplated at this time, bute arrangements for informal conference

with Federal Aviation Administrationr officials may be made by contacting the5 Chief, Air Traffic Branch. Any data,

views, or arguments presented duringI such conferences must also be submitted8 in writing in accordance with this notice

in order to become part of the record forconsideration. The proposal contained Inthis notice may be changed in the light ofComments received.

3. The Camden transition area would bee designated as:I That aim-pace extending upward from 700- feet above the surface within a 7-mile radiu5e of Woodward Field (latitude 34*17'03" 11,

longitude 80°3353" W.): within 2 mlIeeach side of the 040° bearing from the

r Camden EBn (latitude 34°17102" IT., longl-tude 60°33"42.5"' W.). extending from the7-mile radius area to 8 mile northcst of the

The proposed transition area is re-- quired for the protection of IFE opera-

tions at Woodward Field. A prescribedI Instrument approach procedure to thisairport utilizing the Camden (private)

. nondirectional radio beacon is propzsedin conjunction with the designation ofthis transition area.-This amendment is proposed under

section 307(a) of the Federal AviationAct of 1958 (49 U.S.C. 1348(a)).

- Issued in East Point, Ga., on June 21,1967.

GoanoN A. WLLAS, Jr.Acting Director, Soutlern Region.

[F.R. Doc. 67-7950; Filed, July 10, 1967;8:49 aTm.]

E 14 CFR Part 71 1

[Airspace Docket No. G7-rA-11

FEDERAL AIRWAYS

Supplemental Proposed Alteration

On M ch 1,1967, a notice of proposedrule making was published in the FrD-ERAL REG=S=E (32 P.R. 3402) stating thatthe Federal Aviation Agency was con-sidering, amendments to Part 71 of theFederal Aviation Regulatfons that wouldrealign V-1 from Cape Charles, Va., viathe INT of Cape Charles 0130 and Salis-bury, Md., 206' True radials; to Salis-bury; that would designate a segment ofV-139 from Norfolk. Va.. via CapeCharles; to Snow Hill, Md., including awest alternate from Norfolk to Snow Hillvia INT of Norfolk 3600 and Snow Hil226' True radials; and that would revokethe segment of V-194 from Norfolk toINT of Norfolk 0010 and Cape Charles313 ° True radials. FMoors of 1,200 feetabove the surface were proposed for theseairwaysegments. These actions were pro-

posed to simplify air traffic control pro-cedure3 and flight planning In theNorfolk area.

Subsequent to publication of the notice,it was determined that the Snow Hill226' True radial 'would not support aFederal airway. Accordinzly, the pro-posals Published In the notice are herebycancelled and In lieu, thereof, considera-tion I- given to the following airwayalignments that 'would serve the samepurpose.

1. Redesignate the se ment of V-194from Norfolk via the intersection of Nor-folk 001' T (00' M) and Harcum,Va., 072' T (079' Mag.) radials; to theIntersection of Harcum, 072* and SnowHI 2110 True radials.

2. Realign V-1 rohm Cape Charles viathe Intersection of Cape Charles 003- T(016' =ag.) and Salibury 206' T (214oMg.) radials; to Salisbury.

Interested persons may participate inthe proposed rule making by submittingsuch written data, views, or argumentsas they may desire. Communicationsshould Identify the airspace docket num-ber and be submitted in triplicate to theDirector. E.ster Rezion, Attention:Chief, Air Traffic Division, Federal Avia-tion Administration. Federal Building.John F. Kennedy International Airport,Jamaica, N.Y. 11430. All communicationsreceived within 45 days after publicationof this notice In the F PnAx R-vn swil be considered before action I- takenon the proposed amendment. The pro-posal contained in this notice may bechanged in the light of commentsrecelved.

An official docket will be available forexamination by Interested persons at theFederal Aviation Administration, Officeof the General Counsel. Attention: RulesDocket, 800 Independence Avenue SW.,WVashington, D.C. 20590. An informaldocket w11 be available for examinationat the office of the Regional Air TrafficDivision Chief.

These amendments are proposed underthe authority of sectin 307(a) of theFederal Aviation Act of 1958 (49 U..C.1348).

I=ed in Washington, D.C., on July 3,1967.

T. McCoaRMcr,Acting Chief, Airspace and

Air Traffl Ruire Dfrfsfon.[JP. Dc. 67-7951; Filed. July 10, 1GS7;

8:49 a m.J

ATOMIC ENERGY COMMISSION[10 CFR Part 50]

LICENSING OF PRODUCTION ANDUTIUZATION FACILITIES

General Design Criteria for NuclearPower Plant Consfrudion Permits

The Atomic Energy Comission has un-der consideration an amendment to itsregulation, 10 CFR Part S0."Ucenzing ofProduction and Utilization Facilities,"which would add an Appendix A, "Gen-eral Design Ctiteri, for Nuclear Power


I0213


Plant Construction Permits." 1 The pur-pose of the proposed amendment wouldbe to provide guidance to applicants indeveloping the principal design criteriato be included in applications for Com-mission construction permits. TheseGeneral Design Criteria would not addany new requirements, but are intendedto describe more clearly present Com-mission requirements to assist applicantsin preparing applications.

The proposed amendment would com-plement other proposed amendments toPart 50 which were published for publiccomment in the FEDERAL REGISTER onAugust 16, 1966 (31 F-R. 10891).

The proposed amendments to Part 50reflect a recommendation made by aseven-member Regulatory Review Panel,appointed by the Commission to study:(1) The programs and procedures forthe licensing and regulation of reactorsand (2) the decision-making process inthe Commission's regulatory program.The Panel's report recommended thedevelopment, particularly at the con-struction permit stage of a licensingproceeding, of design criteria for nuclearpower plants. Work on the developmentof such criteria had been in process atthe time of the Panel's study.

As a result, preliminary proposedcriteria for the design of nuclear powerplants were discussed with the Com-mission's Advisory Committee on ReactorSafeguards and were informally distrib-uted for public comment in CommissionPress Release H-252 dated November 22,1965. In developing the proposed criteriaset forth in the proposed amendmentsto Part 50, the Commission has takenInto consideration comments and sug-gestions from the Advisory Committeeon Reactor Safeguards, from membersof industry, and from the public.

Section 50.34, paragraph (b), as pub-lished for comment in the FEDERAL REG-ISTER on August 16, 1966, would requirethat each application for a constructionpermit include a preliminary safetyanalysis report. The minimum informa-tion to be included in this preliminarysafety analysis report is (1) a descrip-tion and safety assessment of the site,(2) a summary description of the facil-ity, (3) a preliminary design of thefacility, (4) a preliminary safety analysisand evaluation of the facility, (5) anidentification of subjects expected to betechnical specifications, and (6) a pre-liminary plan for the organization,training, and operation. The followinginformation is specified for inclusion aspart of the preliminary design of thefacility:

(I) The principal design criteria forthe facility;

(i) The design bases and the relationof the design bases to the principaldesign criteria;

(iI) Information relative to materialsof construction, general arrangementand approximate dimensions, sufficient

'Inasmuch as the Commission has underconsideration other amendments to 10 CFRPart 50 (31 P.R. 10891), the amendment pro-posed herein would be a further revision toPart 50 previously published for commentin the FEDxRAL RGxsrTu.

to provide reasonable assurance that thefinal design will conform to the designbases with adequate margin for safety;

The "General Design Criteria for NuclearPower Plant Construction Permits" pro-posed to be included as Appendix A tothis part are intended to aid the appli-cant in development item (i) above, theprincipal design criteria. All criteria es-tablished by an applicant and acceptedby the Commission would be incor-porated by reference in the constructionpermit. In considering the issuance ofan operating license under the regula-tions, the Commission would assure thatthe criteria had been met in the detaileddesign and construction of the facilityor that changes in such criteria havebeen justified.

Section 50.34 as published in the FED-ERAL REGISTER on August 16, 1966, wouldbe further amended by adding to Part 50a new Appendix A containing the Gen-eral Design Criteria applicable to theconstruction of nuclear power plantsand by a specific reference to thisAppendix in § 50.34, paragraph (b).

The Commission expects that theprovisions of the proposed amendmentsrelating to General Design Criteria forNuclear Power Plant Construction Per-rpits will be useful as interim guidanceuntil such time as the Commission takesfurther action on them.

Pursuant to the Atomic Energy Actof 1954, as amended, and the Adminis-trative Procedure Act of 1946, asamended, notice is hereby given thatadoption of the following amendmentsto 10 CFR Part 50 is contemplated. Allinterested persons who desire to submitwritten comments or suggestions in con-nection with the proposed amendmentsshould send them to the Secretary, U.S.Atomic Energy Commission, Washing-

ton, D.C. 20545, within 60 days afterpublication of this notice in the FEDERALREGISTER. Comments received after thatperiod will be considered If It is prac-ticable to do so, but assurance of con-sideration cannot be given except asto comments filed within the periodspecified. Copies of comments may beexamined In the Commission's PublicDocument Room at 1717 H Street NW.,Washington, D.C.

1. Section 50.34(b) (3) (1 of 10 CFRPart 50 Is amended to read as follows:

§ 50.34 Contents of applications; tech-nical information safety analysmi re-port'

(b) Each application for a construc-tion permit shall include a preliminarysafety analysis report. The report shallcover all pertinent subjects specified inparagraph (a) of this section as fullyas available information permits. Theminimum information to be includedshall consist of the following:

* * * *

(3) The preliminary design of thefacility, including:

(I) The principal design criteria forthe facility. Appendix A, "General DesignCriteria for Nuclear Power Plant Con-struction Permits," provides guidancefor establishing the principal designcriteria for nuclear power plants.

2. A new Appendix A Is added to readas follows:

2Inasmuch as the Commission has underconsideration other amendments to 1 50.34(31 P.R. 10891), the amendment proposedherein would be a further revision of 1 50.34(b) (3) (1) previously published for commentIn the F]xDxZAL Rzosrm .

APPENDIX A---GENERAL DESIGN CRITERIA FOR NUCLEAR POWER PLANT CONSTRVcTrON PZRMTre

TABLE OF CONTENTS

Group and title CriterionIntroduction: No,

I. Overall plant requirements:Quality Standards ------------------------------------------------------- IPerformance Standards -------------------------------------------------- 2Fire Protection ---------------------------------------------------------- 3Sharing of Systems ------------------------------------------------- ---- 4Records Requirements ------------------------------------------ -------- 5

II. Protection by multiple fission product barriers:Reactor Core Design ----------------------------------------------------- 6Suppression of Power Oscillations --------------------------------........ 7Overall Power Coefficient ------------------------------------------------. 8Reactor Coolant Pressure Boundary --------------------------------------- 0Containment ------------------------------------------------------ 10

III. Nuclear and radiation controls:Control Room ----------------------------------------------------------- IInstrumentation and Control Systems ------------------------------------ 12Fission Process Monitors and Controls ------------------------------ ... 13Core Protection Systems ------------------------------------------------- 14Engineered Safety Features Protection Systems --------------------------- 15Monitoring Reactor Coolant Pressure Boundary -------------------------- 16Monitoring Radioactivity Releases ---------------------------------------- 17Monitoring Fuel and Waste Storage -------------------------------------- 10

IV. Reliability and testability of protection systems:Protection Systems Reliability ------------------------------------------- 19Protection Systems Redundancy and Independence ----------------------- 20Single Failure Definition -------------------------------.--------------- 21Separation of Protection and Control Instrumentation Systems ----------- 22Protection Against Multiple Disability for Protection Systems ------------ 23Emergency Power for Protection Systems ----------------------------- -24Demonstration of Functional Operability of Protection Systems ------------ 25Protection Systems Fail-Safe Design ------------------------------------- 26


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criterionGroupL and title Zio.

V-. nea-irity controlaRedundancy of Reactivity ControL .... 21 Reactivity Hat Shutdown Capability -. . 23Reactivity Shutdown. Capability- -. __ 29Reactivity Holddown Capability - - :30Reactivity Control Systems Malfunctio-.. 31Maximum. Reactivity Worth o Control Rods - 32

VL Reactrcoolantpressure boundary: -Reactor Coolant Pressure Boundary Capability..... . .. 33Reactor Coolant Pressure Boundary Rapid Propagation Failure Prevention. 34Reactor Coolant Pressure Boundary Brittle Fracture Prevention ........- 35Reactor Coolant Pressura Boundary Survvance ..................ce...... 36

VII Engineered safety features:A. GeneraI requirementsfor engineered safety features:

Engineered Safety Features Basis for Design .................------ 37Reliability and. Testability of Engineered Safety Feature3 ------------ 38Emergency Power for Engineered Safety Featurea .................. 39Missile Protection ........................................ 40Engineered Safety Features Performance Capability ............ 41Engineered Safety Features Components Capability........ 42Accident Aggravation Prevention ----- 43

B. Emergency core cooling systems:Emergency Core Cooling Systems Capability..... 44Inspection of Emergency Core Cooling Systems--.... . 45Testing of Emergency Core Cooling Systems Components 40Testing of Emergency Core Cooling Systems.... 47Testing of Operational Sequence of Emergency Core Cooling Systems.- 48

(L Containment:Containment Design Basis ... . ._43NDT Requirement for Containment terial --- -------- -oReactor Coolant Pressure Boundary Outside Contalament. ...... 51Containment Heat Removal Systems .......-- --------------------- 52Containment Isolation Valves ------- ------------------------ 53Containment Leakage Rate Testing --------Containment Periodic Leakage Rate Tetin._ ........ .. 55Provisions for Testing of Penetrations- 60Provisions for Testing of Isolation Valves_ - 57

D. Containmentpressure-reduclng systems:Inspection, of Containment Pressure-Reducing Systems___ __ a3Testing of Containment Pressure-Reducing Systems .... 59Testlng of Containment Spray Systems-.._ coTesting -of Operational Sequence of Containment PressurReduclng

Systems 61M Air cleanup systems:

Inspection of Air Cleanup Systems .......-- 62Testing of Air Cleanup Systems ComponentsC....... 63Testing of Air Cleanup Systems ........ - -fTesting of Operational Sequence of Air Cleanup Systems-........ 65

VI3L Fuel and waste storage systems:Prevention of Fuel Storage Criticality -------------------- 6Fuel and Waste Storage Decay Cet.7Fuel and Waste Storage Radiation Shieldin- caProtection Against Radioactivity Release from Spent Fuel and Waste Storage.. 69

IM Plant effluents:Control of Releases ofRadioactivity to the Environment.. 70

lnM=Snuch as the COmmission has under consideration other amendments to 10 CFR PartS0 (311i, PR.0891Y, the amendment proposed herein would be & further revision to Part 50previously published for comment In the FraAL Rzacis

Introduction. Every applicant for a con-struction permit Is required by the provisionsof E.50.3,1 to include the principal designcriteria for the proposed. facility In. the ap-plication. These General Design Criteria; areintended to. be used. as guidance In estab-lshin the principal design criteria for Anuclear power plant The General DesigCrterireect the predominating experiencewith. water power reactors as designed. andlocated- to- date, but their applicability itnot limited to these reactors They arLe con-sidered. generally applicable to all powerreactors.

Under the CommisslibWs regUlatlons anapplicant must provide assurance that itsprincipal design criteria encompass all thosefacility design features required in the in-terest or public health and. safety. There-may' be some power reactor cases for Nvhilfulfillment of some of the General DesignCriteri may ntbenecessary or approprLateThere wi be other ease iu which thesecriteria aex Insufficient, and additional cri-teria must be identified and satisfied by

the design In the Intertst of public safety.It is expected that additional criteria Willbe needed particularly for unusual sites andenvironmental conditions, and for nevs andadvanced types of reactors. Within this con-text the General De ign Criteria should beused as a reference allowing additions ordeletions as an individual cam may warrantDepartures from the General Design Cri-teria should be justifned

The criteria. are designated. as GencralDesign Criteria for Nuclear Power Plant Con-struction Permits! to emphasize the key rolethey assume at thim stage of theprocess. The crltera, have been categore.as Category A or Category ExperIence hasshown, that more defInitive informaon Isneeded at the construction. permit stage forthe Items listed In. Category A than for thosein. Category B.

L- O rrAs PW -r Ezxzsz-Cr=Criterfon t--Quality Stanfardi (Catega'V

A). Those systems and components or reac-tor facilities which are essential to the Pro-

ventlon of accidents which could affect thepublic h ealth and safety or ti mitigation oftheir consequences shall be Identiffed andthen designed. fabrcateC. and erected toqualitystandardr tha refect the importanceor the safety functfi to be performed.When generally recognized codes or stad-ard3 on design. materaIr, fabrIcation. andInspectlon are uted. they shal? be identified.

Mhere adherence to such codes or standardsdoea not su= ce to sare a quality productIn keeping with the afety functlon, theynhall be cupplemented or modiffed as neces-Lary. Quality crzuraceprgrams. test prose-durm. and Inspectio= acceptance revels tobo u--A dhall be Identifed. A showing ofsuLmcency and applicability of codes. stand-rdu, quality =surance programs test prcce-

durea, and in;pecton acceptance levels usedIs required.

Criterion 2-Perormance Stanrdards (Cate-gory A). Those systems and components ofreactor facilitie which. are esenrtal to theprevention of accidents which could affect,the public helth and safety or to mitig-tion of their co=equences sh be destned,fabricated, and erected. to performancestandards that wi enable the facility towithstand. without los of the capabilityto protect the public, the additional forcesthat might be Imposed by natural pliena=-ena such as earthquakes tornadoes, ficod-Ing conditions, winds; Ice, and other localrite effecta. The design bases so establz-h-edshal reflect: (al Appropriate conserstionof the most Eev-re of the natural phenom-ena that have been recorded for the siteand the muounding area and (by an ap-propri. t margin for withstanding forcesgreater than those recceded to reflect un-certainties about the historical data andtheir suitability as a basl for desg.

Criterian X-Fire Protection (Category A).The reactor facility saill be digned (1) tominimize the probability of eventa such asfires and explo ia and (21 to mInimize thepotential efJects of such events to safety.LToncomhustibl, and. fir e.esstant materialshal be used whenever practical throughoutthe facility, particularly In areas contain-Ing critical portions of the facility such ascontainment control room, and componentsof engineered safety features.

Criterion 4--Sharing of Stres(CategoryA). Reactor facilities shall not saae sys-.tems or cunpoenenta -- l- It Is shownL safe-ty Is not impalred y the sharn

Criterion 65-Records' Requirement (Cate-gorj A). Recods of the des g fabrication,and Construction of essential. components ofthe plant shall be maintained by the reactoroperator or under Its control. throughout thelife of the reactor.IL PsZrnro.r ra' M nrzMW ?lsror Po-

uccrB.tzz

Criterin S-Reactor Core Design, Wat-grj A .The reactor core shal be designedto function throughout its design. lifetime,'ithout exceeding acceptable fuel damagelimita which have beea stipulated and justi-fled. The core dedign, together with reliableproc= and decay hea; remova systems,shllprovide fr thi cepehlity-ndI ex-pected, conditions of nonnal operation withappropriate margins Zor uncertaintfes andfor transient situations which -- be anti-cipated. including the effects oif the loss ofpower to recirculation p mpg,. tripping outof a turbine generator set, Isolatioi o thereactor from Its primary heat sink, and lossof allcOfflte power.

Criterion 71..Supresem of Powser Osdila-ionz (Category a)..Tb±core deslgntogether

-with. reliable cotrabi6. slyh eusure thatpower ocUalatIm s whish eoud ea~me dsns-age In excess CC aeptable ftiel danastelimits are not posiblle cr can be" readilyrupprecssed.


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Criterion 8-Overall Power Coefficient(Category B). The reactor shall be designedso that the overall power coefficient In thepower operating range shall not be positive.

Criterion 9-Reactor Coolant PressureBoundary (Category A). The reactor coolantpressure boundary shall be designed andconstructed so as to have an exceedingly lowprobability of gross rupture or significantleakage throughout its design lifetime.

Criterion 10-Containment (Category A),Containment shall be provided. The con-tainment structure shall be designed to sus-tain the initial effects of gross equipmentfailures, such as a large coolant boundarybreak, without loss of required integrity and,together with other engineered safety fea-tures as may be necessary, to retain for aslong as the situation requires the functionalcapability to protect the public.

III. NXCLEAR AND RADIATION CONTROLS

Criterion 11--Control Room (Category B).The facility shall be provided with a controlroom from which actions to maintain safeoperational status of the plant can be con-trolled. Adequate radiation protection shallbe provided to permit access, even under ac-cident conditions, to equipment In the con-trol room or other areas as necessary to shutdown and maintain safe control of the facili-Ity without radiation exposures of personnelIn excess of 10 CFR 20 limits. It shall be pos-sible to shut the reactor down and main-tain it in a safe condition if access to thecontrol room Is lost due to fire or other cause.

Criterion 12-Instrumentation and Con-trol Systems (Category B). Instrumentationand controls shall be provided as required tomonitor and maintain variables within pre-scribed operating ranges.

Criterion 13-Fission Process Monitors andControls (Category B). Means shall be pro-vided for monitoring and maintaining con-trol over the fission process throughout corelife and for all conditions that can reason-ably be anticipated to cause variations in re-activity of the core, such as indication ofposition of control rods and concentration ofsoluble reactivity control poisons.

Criterion 14--Core Protection Systems(Category B). Core protection systems, to-gether with associated equipment, shall bedesigned to act automatically to prevent orto suppress conditions that could result inexceeding acceptable fuel damage limits.

Criterion 15-Engineered Safety FeaturesProtection Systems (Category B). Protectionsystems shall be provided for sensing acci-dent situations and initiating the operationof necessary engineered safety features.

Criterion 16-Monitoring Reactor CoolantPressure Boundary (Category B). Means shallbe provided for monitoring the reactor cool-ant pressure boundary to detect leakage.

Criterion 17-Monitoring RadioactivityReleases (Category B). Means shall be pro-vided for monitoring the containment at-mosphere, the facility effluent dischargepaths, and the facility environs for radio-activity that could be released from normaloperations, from anticipated transients, andfrom accident conditions.

Criterion 18-Monitoring Fuel and WasteStorage (Category B). Monitoring andalarm Instrumentation shall be provided forfuel and waste storage and handling areas forconditions that might contribute to loss ofcontinuity In decay heat removal and toradiation exposures.

IV. RELrAsILITY AND TESTA3ILITY OFPROTECTION SYSTEMS

Criterion 19-Protection Systems Reliabil-ity (Catergory B). Protection systems shallbe designed for high functional reliabilityand n-service testability commensurate withthe safety functions to be performed.

Criterion 20-Protection Systems Re-dundancy ancd Independence (Category B).BPdundncy and independence designed Intoprotection systems shall be sufficient to as-sure thatino single -ailure or removal fromservice -of -any component or channel of asystem will result in loss of -the protectionfunction.- The redundancy provided shallInclude, as a minimum, two channels ofprotection for each protection function to beserved. Different principles shall be usedwhere necessary to achieve true Independ-ence of redundant Instrumentation com-ponents.

Criterion 21-Single Failure Definition(Category B). Multiple failures resultingfrom a single event shall be treated as asingle failure.

Criterion 22-Separation of Protection andControl Instrumentation Systems (CategoryB). Protection systems shall be separatedfrom control instrumentation systems to theextent that failure or removal from serviceof any control instrumentation systemcomponent or channel, or of those commonto control instrumentation and protectioncircuitry, leaves intact a system satisfyingall requirements for the protection channels.

Criterion 23-Protection Against MultipleDisability for Protection Systems (CategoryB). The effects of adverse conditions to whichredundant channels or protection systemsmight be exposed in common, either undernormal conditions or those of an accident,shall not result in loss of the protectionfunction.

Criterion 24-Emergency Power for Pro-tection Systems (Category B). In the event ofloss of all offsite power, sufficient alternatesources of power shall be provided to permitthe required functioning of the protectionsystems.

Criterion 25-Demonstration of FunctionalOperability of Protection Systems (CategoryB). Means shall be included for testing pro-tection systems while the reactor Is in opera-tion to demonstrate that no failure or lossof redundancy has occurred.

Criterion 26-Protection Systems Fail-SafeDesign (Category B). the protection systemsshall be designed to fail into a safe state orInto a state established as tolerable on adefined basis if conditions such as discon-nection of the system, loss of energy (e.g.,electric power, instrument air), or adverseenvironments (e.g., extreme heat or cold,fire, steam, or water) are experienced.

V. REACTIVITY CONTROL

Criterion 27-Redundancy of ReactivityControl (Category A). At least two Independ-ent reactivity control systems, preferably ofdifferent principles, shall be provided.

Criterion 28-Reactivity Hot Shutdown Ca-pability (Category A). At least two of thereactivity control systems provided shall in-dependently be capable of making and hold-ing the core subcritical from any hot standbyor hot operating condition, including thoseresulting from power changes, sufficientlyfast to prevent exceeding acceptable fueldamage limits.

Criterion 29-Reactivity Shutdown Capa-bility (Category A). At least one of the reac-tivity control systems provided shall be ca-pable of making the core subcritical underany condition (including anticipated opera-tional transients) sufficiently fast to preventexceeding acceptable fuel damage limits.Shutdown margins greater than the maxi-mum worth of the most effective control rodwhen fully withdrawn shall be provided.

Criterion 30-Reactivity Holddown Capa-bility (Category B). At least one of the reac-tivity control systems provided shall becapable of making and holding the core sub-critical under any conditions with appropri-ate margins for contingencies.

Criterion 31-Reactivity Control SystemsMalfunction (Category B). The reactivitycontrol systems shall be capable of sustain.Ing any single malfunction, such as, un-planned continuous withdrawal (not ejec-tion) of a control rod, without causing itreactivity transient which could result Inexceeding acceptable fuel damage limits.

Criterion 32-Maximum Reactivity Worthof Control Rods (Category A). Limits, whichInclude considerable margin, shall be placedon the maximum reactivity worth of controlrods or elements and on rates at which reac-tivity can be increased to ensure that thepotential effects of a sudden or large chanreof reactivity cannot (a) rupture the reactorcoolant pressure boundary or (b) disrupt thecore, its support structures, or other vesselinternals sufficiently to Impair the effective-ness of emergency core cooling.

VI. REACTOR COOLANT P55SUaRE BOVNVARY

Criterion 33-Reactor Coolant PresquieBoundary Capability (Category A). The re-actor coolant pressure boundary shall becapable of accommodating without rupture,and with only limited allowance for energyabsorption through plastic deformation, thestatic and dynamic loads imposed on anyboundary component as a result of any In-advertent and sudden release of energy tothe coolant. As a design reference, this sud-den release shall be taken as that whichwould result from a sudden reactivity Inser-tion such as rod ejection (unless preventedby positive mechanical means), rod dropout,or cold water addition.

Criterion 34-Reactor Coolant PressureBoundary Rapid Propagation Failure Preven-tion (Category A). The reactor coolant pres-sure boundary shall be designed to minimizethe probability of rapidly propagating typefailures. Consideration shall be given (a) tothe notch-toughness properties of materialsextending to the upper shelf of the Charpytransition curve, (b) to the state of stress ofmaterials under static and transient load-ings, (c) to the quality control specified formaterials and component fabrication to limitflaw sizes, and (d) to the provisions for con-trol over service temperature and irradlatloneffects which may require operationalrestrictions.

Criterion 35-Reactor Coolant PressureBoundary Brittle Fracture Prevention (Cate-gory A). Under conditions where reactor cool-ant pressure boundary system componentsconstructed of ferritic materials may be sub-jected to potential loadings, such as a re-activity-induced loading, service tempera-tures shall be at least 120' F. above the nilductility transition (NDT) temperature ofthe component material if the resultingenergy release Is expected to be absorbed byplastic deformation or 601 F. above the NDTtemperature of the component material Ifthe resulting energy release is expected to beabsorbed within the elastic strain energyrange.

Criterion 36-Reactor Coolant PresnireBoundary Surveillance (Category A). Reactorcoolant pressure boundary components shallhave provisions for inspection, testing, andsurveillance by appropriate means to assessthe structural and leaktight integrity of theboundary components during their servicelifetime. For the reactor vessel, a materialsurveillance program conforming w I t hASTM-,-185-66 shall be provided.

VII. ENGxsNmxo SArsrx FzA'r~ua

Criterion 37-Engineered Safety FeaturesBasis for Design (Category A). Engineeredsafety features shall be provided in the fa-cility to back up the safety provided by thecore design, the reactor coolant pressureboundary, and their protection systems, Asa minimum, such engineered safety features


10216


shall be designed to cope with any size re-actor coolant pressure boundary break up toand including the circumferential rupture ofany pipe in that boundary assuming unob-structed discharge from both ends.

Criterion 38-Reliability and Testability ofEngineered Safety Features (Category A). Allengineered safety features shall be designedto provide high functional reliability andready testability. In determining the suit-ability of a facility for a proposed site. the.degree of reliance upon and acceptance ofthe Inherent and engineered safety affordedby the systems, including engineered safetyfleatures, will be Influenced by the known andthe demonstrated performance capability andreliability of the systems, and by the extentto which the operability of such systems canbe tested and inspected where appropriateduring the life of the plant.

Criterion 39-Emergency Power for Engi-neered Safety Features (Category A). Alter-nate power systems shall be provided anddesigned with adequate independency, re-dundancy. capacity, and testability to permitthe functioning required of the engineeredsafety features. As a minimum, the onsitepower system and the offsite power systemshall each, independently, provide this ca-pacity assuming a failure of a single activecomponent in each power system.

Criterion 40-31issile Protection (CategoryA). Protection for engineered safety featuresshall be provided against dynamic effects andmissiles that might result from plant equip-ment failures.

Criterion 41-Engineered Safety FeaturesPerformance Capability (Category A) . Engl-neered safety features such as emergencycore cooling and containment heat removalsystems shall provide sufficient performancecapability to accommodate partial loss ofinstalled capacity and still fulfill the re-quired safety function. As a minimum, eachengineered safety feature shall provide thisrequired safety function assuming a failureof a single active 'component.

Criterion 42-Engineered Safety Feature3Components Capability (Category A). Engi-neered safety features shall be designed sothat the capability of each component andsystem to perform Its required function isnot impaired by the effects of a loss-of-cool-ant accidenit.

Criterion 43-Accident Aggravation Pre-vention (Category A). Engineered safety fea-tures shall be designed so that any action ofthe engineered safety features which mightaccentuate the adverse after-effects of theloss of normal cooling is avoided.

Criterion 44-Emergency Core Cooling Sys-tem Capability (Category A). At least twoemergency core cooling systems, preferablyof different design principles, each with acapability for accomplishing abundant emer-gency core cooling, shall be provided. Eachemergency core cooling system and the coreshall be designed to prevent fuel and claddamage that would interfere with the emer-gency core cooling function and to limit theclad metal-water reaction to negligibleamounts for all sizes of breaks in the reactorcoolant pressure boundary, including thedouble-ended rupture of the largest pipe.The performance of each emergency corecooling system shall be evaluated conserva-tively in each area of uncertainty. The sys-tems shall not share active components andshall not share other features or components

-unless it can be demonstrated that (a) thecapability of the shared feature or com-ponent to perform its required function canbe readily ascertained during reactor opera-tion, (b) failure of the shared feature orcomponent does not initiate a loss-of-coolantaccident and (c) capabillty of the sharedfeature or component to perform its requiredfunction is not impaired by the effects of aloss-of-coolant accident and is not lost dur-

ing the entire period this function Is re-quired following the accident.

Criterion 45--Inspection of EmergencyCore Cooling Systems (Category A). Degaprovisions shall be made to facilitate physicalInspection of all critical part& of the emer-gency core cooling systems, Including reactorvessel internals and water injection no=-les.

Criterion 46-Testing of Emergency CoreCooling Systems Components (Category A).Design provisions shall be made so thatactive components of the emergency corecooling systems, such as pumps and valve,can be tested periodically for operability andrequired functional performance.

Criterion 47-Testing of Emergency CoreCooling Systems (Category A). A capabilityshal be provided to teat periodically thedelivery capability of the emergency corecooling systems at a location as close to thecore as is practical.

Criterion 48-Testing of Operational Se-quence of Emergency Core Cooling Systems(Category A). A capability shall be providedto test under conditions as close to dcsignas practical the full operational sequencethat would bring the emergency core coolingsystems into action, Including the transferto alternate power rources.

Criterion 49-Containment Design Basis(Category A). The containment structure,including access openings and penetrations,and any necessary containment heat removalsystems shall be designed so that the con-tainment structure can accommodate with-out exceeding the design leakage rate thepressures and temperature3 re3ulting fromthe largest credible energy release followinga loss-of-coolant accident, including a con-siderable margin for effect- from metal-vteror other chemical reactions that could occuras a consequence of failure of emergencycore cooling systems.

Criterion 50-AVDT Requirement for Con-tainment Material (Category A). Principalload carrying components of ferritic ma-terials exposed to the external environmentshall be selected so that their temperaturesunder normal operating and testlng condi-tions are not les than 30 °

P. above nil duc-tility transition (NDT) temperature.

Criterion 51-Rcactor Coolant PressureBoundary Outside Containment (CategoryA). If part of the reactor coolant precureboundary is outside the containment, appro-priate features as necessary shall be providedto protect the health and safety of the publicin case of an accidental rupture In that part.Determination of the appropriatene:s of fea-tures such as isolation valves and additionalcontainment shall include consideration ofthe environmental and population conditionssurrounding the site.

Criterion 52-Containment Heat RemovalSystems (Category A). Where active heat re-moval systems are needed under accidentconditions to prevent exceeding contain-ment design pressure, at least two syLtems,preferably of different principles, each withfull capacity, shall be provided,

Criterion 53-Containment IsoatioValves (Category A). Penetrations that re-quire closure for the containment functionshall be protected by redundant valvng andassociated apparatus.

Criterion 54-Containment Leal:age RateTesting (Category A). Containment shall bedesigned so that an Integrated leakage ratetesting can be conducted at desiga presureafter completion and installation of all pene-trations and the leakage rate measured overa su icient period of time to verify Its con-formance with required performance.

Criterion 55-Containment Periodic Leak-age Rate Testing (Category A). The contain-ment shall be designed so that integratedleakage rate testing can be done periodicallyat design pressure during plant lifetime.

Criterion 56-Provisions for Testing ofPenetrations (Category A). Provisions shall

10217

be made for testing penetrations which haveresilient seal or expansion bellows to permitleak tihtne= to be demonstrated at designpre-ure at any time.

Criterion 57-Provisons for Testing of Io-lation Vals3 (Catcgory A). Capability shallbe provided for testing functional operbil-ity of valves and acsolated apparatus essen-tial to the containment function for estab-lslxing that no failure has occurred and fordetermining that valve lealage does notexceed acceptable limits.

Criterion 58-Inspectfon of ContainmentPreszure-Rcducing Systcms (Category A).Design provilons shall be made to facilitatethe periodic physical Inzpection of an impor-tant component3 of the containment prs-cure-reducing sytems. such as. pumps,valves, spray nozleo, torus, and sumps.

Criterion 59--Testing of ContainmentPressure-Reductng Systems Comporenta(Category A). The containment preszure-re-ducing system sbaU be designed so thatactive components, such as pumps andvalves, can be t-ted periodically for oper-ability and required functional perform-ance.

Criterion 60-Testing of ContainmentSpray Systems (Category A). A capabilityshall be provided to teat periodically thedelivery capability of the containment spraysystem at a position as clse to the spraynozzle3 as is practical.

Criterion Cl-Tectirg of Operational Se-quence of Containment Presure-ReducingSystems (Category A). A capability shall beprovided to t,st under conditions as clozeto the design as practical the full operationalsequence that Would bring the containmentpre:sure-reducing syitem Into action, in-cluding the transfer to alternate powersources3.

Criterion 62-nspcction of Air CleanupSystems (Category A). Design provislons shallbe made to facilitate physical Inspection ofall critical parts of containment air cleanupsyste-, such as, ducts, filters, f=, anddampers.

Criterion 63-Testing of Air Cleanup Syz-tcm Components (Category A). Design pro-visions shall be made so that active compo-nents of the air cleanup syatems, such asfans and dampera, can be tested peroldicallyfor operability and required functional per-formance.

Criterion C4-Teating of Air Cleanup Sys-tems (Category A). A capability shall beprovided for In situ periodic testing andsurvellance of the air cleanup systems toenur (a) filter bypa= paths have notdeveloped and (b) filter and trapping mate-rials have not deteriorated beyond acceptablelmits

Criterion 65-Tezting of Opcrational Se-quence of Air Cleanup Systems (Category A).A capability shall be provided to test underconditions as close to design as practical thefull operational sequence that would bringthe air cleanup systems into action, includ-ing the transfer to alternate power sourcesand the design air flow delivery capability.

VI U EL. N Pur WmVASr SToswz SYsrszzCriterion C--Prevention of Fuel Storage

Criticality (Category B). Criticality in newand spent fuel storage shall be prevented byphysical systems or prcess. Such meansas geometrically mafe configurations shall becropn"-I'zed over procdural controls.

Criterion 67-Fuel and Waste Storage De-cay Heat (Category B). Eellable decay heatremoval systems shall be designed to preventdamago to the fuel in storage facilities thatcould re;ult in radioactivity relea.e to plantoperating areas or the public environs.

Criterion G--Fuevl and Waste StorageRadiation Shielding (Category B). Shieldingfor radiation protection shall be provided inthe dedgn of spent fuel and wa-ste storage



facilities as required to meet the require-ments of 10 CPU 20.

Criterion 69-Protectiolt Against Badir-activity Rtelease From Spent Puel and WasftStorage (Category B). Containment of fue4and waste storage shall be provided If acci-dents could lead to release of undue amountsof radioactivity to the public environs.

I=. PLT EFFLUENTS

Criterion 70--Control of Reeases of Radio-activity to the Environment (Category B).The facility design shall include those meansneoessry to maintain control over the plantradioactive effluents, whether gaseous, liquid,or solid. Appropriate holdup capacity shallbe provided for retention of gaseous, liquid,or solid effluents, particularly vhere unfa-vorable environmental condition& can be ex-pected to require operational limitationsupon the release of radioactive effluents to

the environment. In all cases, the design for

radioactivity control shall be jusUfed ()on the bas of 10 CPA 20 requiremenwsibr normal operations and for any kanaientsituation that might reasonably be antio-pated to occur and (b) on the basis of 10CIM 100 dosage level guidelines for poten-tal reactor accidents of exceedingly lowprobability of occurrence exoept that reduc-tion of the recommended dosage levels maybe required where high population densitiesor very large cities can be affected by the ra-dloactive effluents.

(Sec. 161,68 Stat. 948; 42 U.S.C. 2201)

Dated at Washington, D.C., this 28thday of June 1967.

For the Atomic Energy Commission.

W. B. McCoOL,Secretary.

[P.R. Doc. 67-7901; Fled, July 10, 19'l;8:45 am.]

FEDERAL REGISTER, VOL 32, NO. 1,32-TUESDAY, JULY 11, 1967

10218

10219

NoticesDEPARTMENT OF THE TREASURY

Comptroller of the Currency

INSURED BANKSJoint Call for Report of ConditionCRoss REsraNcE: For a document re-

garding the above-titled matter, seeFederal Deposit Insurance Corporation,F.R. Doc. 67-7935, infra.

Secret Service

STATEMENT OF ORGANIZATION,FUNCTIONS, AND PUBLIC INFOR-MATION PROCEDURES,

In compliance with the provisions of5 U.S.C. 552, this notice provides a de-scription for the guidance of the public ofthe Secret Service central and field or-ganization, Including a statement of theestablished places at which, the officersfrom whom, and the methods wherebythe public may secure information, makesubmittals or requests, or obtain deci-sions. The prior statement of organiza-tion, functions and procedures of theSecret Service which appears in 11 F.R.177A-101, as amended, is revised to readas follows:Sec.I Central Organization.2 Field Organization.3 Public Information: Disclosure of

Records.

SECTION 1. Central Organization.(a) The Director of the Secret Service,

aided by four Assistant Directors, super-vises the activities of the Service, sub-Ject to the direction of the Secretary ofthe Treasury and the Special Assistantto the Secretary (for Enforcement). TheDirector is charged with supervision ofthe White House Police Force, the Treas-ury Guard Force, and the field and de-partmental forces of the Secret Service.

(b) A major function of the SecretService is the protection of the Presidentand Vice President of the United States.Other major functions and duties are asfollows:

Protection of the President's imme-diate family, former Presidents, theWhite House and buildings housingTreasury Department activities; sup-pression of counterfeiting, forging, andalteration of obligations and securities,as well as coins, of the United States andforeign governments; investigation ofthe forgery of endorsements on, or thefraudulent negotiation of, U.S. Treasurychecks; investigation of crimes relatingto the coins, obligations, and other se-curities of the United States; and otherinvestigative and law enforcement func-tions as provided by law or ordered bythe Secretary of the Treasury. The prin-cipal laws enforced by the Secret Serv-ice may be found in 18 U..C. Chapter 25.

SEC. 2. Fiela Organization.

(a) The field organization is dividedinto districts, each under the charge of asupervising agent who is directly respon-sible to the Assistant Director-Inves-tigations. The following is a list of thedistrict offices:

offico I

Aberdeen......

Albaay......

.Vbuqucrque-.

Anchorage ......

Atlanta ........

Au-tin ......

Baltimore ......

Birmingam....

B04tM ........

Buffalo .......

Charleston .....

Charlotte .......

Chicago ........

Cincinnati ......

Clevcldand.....

Columbi .......

Columbus----,

Denver.. .'

Detroit . _

Fort Worth ....

Addmr

210 Peot oflo nlCutsnmohu, 4thand Lincoln,Aberdeen3, S. Dakr.

Room 325. FederalBldg.. Albany, N.Y.

Suite 1110 Federal0fice Bl1g.. R7Gold Ave., SW.,Albuquerquo,N.Zdex. btl01.

Room 218 FederalBldg., Ancbrc ,Al..lin 0 1 .

Room C43 Ol Petoff0, Atlanta, U3.

Suite 072, Federal0111 Blg., 03Erat Elglith St.,Autin, Tex. 7402.

Suite 7,3. CalrtBldg., East Fyeclteat St. Paul."Bham'Aeld.

211-03.Room 1010,2421 Blg.;

2121 Efhlith Ave.,North lrminobam,Al.

Room 1037, U.S. Post0111o and Ccurt-house, Beston,r=..0210.

I om 02" U.S. Court-ho=se Court alFranklin Sts.Buffalo, N.Y. 1MR.

Rooms 4403-10,Federal Bldg. n,U.S. Courthiep,M Quanltr St.,

Charlrcton, V. lvo.251.

Room 420, Ptand CourthousBldg., Chalotte.N.C.-'-I

toon 10Z0 FcoalCourthense an0mwc Pldg. 210South Dearborn St.Chicago. 111. GOL

Room EY-3. FederalBldg., rM% Niap St.,Cincinnati, OhSo4201.

Rooms rl0-rv. Fe').oral Bld4g.. ('Zeo.law!, Ohio 44114.

Room11-01013. U.S.Courthouse., Celum.his. B.C. "Mi72

Room 411. New Postom Bldg.,Columbu, Ohio

Rom E0, RelianceLife Bldg., r-;3North Ervay Et..Danwa, Tes. 7=221

127 New CstomIoum. Denver,Colo. 50201.

Room 1044, FceralBld,. Dctroit,Mch. 4..20.

Room 14_, U.S.Courthouse. ElPeni, Tex. 02021.

Room Up_ U.S.Courth . 1thand Tnmr $ts.,Fort worth, Tex.I66161.

PhtoNumtcr

.5-247-2243

VI1I7522147

71-63.84.104

312.ar1r31

0144c 6.

31 .15,..1050


013200 Addres3 PI__Nvantcr

Or_,nJ Ip'd3. Rr=2a-,=-'4. Fcd- C1-4: .z.,i,

Grcat Fal...-J Re U r- f.ru.

Re= 24U. et 4C7C-Z3Uoac!ul.... Re--ml 244. Fd r1 Ccc3(-

BlzH., P2Z Such (Con.

R m Q, Mad 3n-C-maye., HCourt,

in 4Z0 c n - -2.C3

I L. _

3cravii Rcom 519, Pet Oa --

Hnx vCit.... Rem t, FodomlruLittle ~ am- Reci.JRi lloU. t 112

Kraapie Ave.,

Mile~~ neck. 4C*M I .SPCI.ltez Beck, Ak.

Maid., Nzt I

BI J t., 4 orn,.-. T

1 v.U.SAve., MLsrnf,

h _-4IOZAL =Cf. V11

M l.u.e .. Re-,= Q1. FL:OZw1 vM-2-?.Z-

110 7,h4t SL,

.flh3 .. e= i 2, U.S.l Court 4ZX:,

BI'J17., CTr o'La1 'leans. Noak,

gL, No IAvc3

Nee' 0lcu.. Rco=4)3,AFdrnl 0a-27-1IEtJ; 1 4,14'0 othmt

La. 7C110.Now" Yofle...... Room 81 Federal Of. 12-2C4 t4

Church e, 1:ew

_Mir, vOGauee

St.. Norfat,, Ye.

OaS, Ci O L( dal

and. Oaoma="CMtb Okma.EIOI

NOTICES

offlce Address

Omaha .......

Philadelphia....

Phoemr- .....

Pittsburgh .....

Fortland- ......

Provldence ....

Richmond.---

Sacramento ....

St. Louis .-...

Salt Lake City..

San Antonio ...-.

Ban Diego .-...

San Franclsco.

San luan -.....

Scranton. ----...-

Sett ..-..

Spokane.----

SprinI-d...--

Syracuse ......

Tampa -.........

Toledo .........

Washington .....

Room 2102, FederalBldg., U.S. PostOffice and Court-house, 215 North17th St., Omaha,Nebr. 68102.

Rooms 0-9, Amer-Ican Embsssy "D"Bldg., 58 rue, LaBoetie, Paris 8,France.

Room 04, U.S. Cus-tomhouse, Philadel-phia, Pa. 19106.

Room 0079 NewFederal Bldg., 230North First Ave.,Phoenix Ariz.

Rooms 09-17, U.S.Post Office andCourts Bldg., Pitts-burgh Pa. 15219.

Room 2i, U.S.Courthouse, Port-land, Oreg. 97207.

Rooms 402-404, Fed-eral Bldg., U.S.Courthouse, Provi-dence, R.I. 02901.

Room 10-004, FederalBldg., NorthEighth St., Rich-mond, Va. 23204.

Room 3426, New Fed-oral Bldg. 65OCapi-tol Ave., Sacramen-to, CaifL 96814.

Room 936, U.S. Courtand Customshouse,1414 Market St., St.Louis, Mo. o3i9.

Room 421 Post OfficeBldg., Slt LakeCity, Utah 84110.

Room 277 FederalBldg., dan Antonio,'Pex. 78206.

Room 343, U.S.Courthouse, SanDiego, Calif. 92101.

Suite 17449, FederalBldg., 480 GoldenGate Ave., SanFrancisco Cal9410Z.

Second Floor, fatRoy Bldg., Poncedo Leon Ave.,Corner Bolivia,Hato Roy, P.R.

Room 304, Post OfficeBldg., Washingtonand Linden Sts.,Scranton, Pa. 1801.

Room 220, U.S.Courthouse, Seattle,Wash. 96104.

Room 201 Post OfficeBld. Spokane,992 0L

Room 209 FederalBldg., Springfleld,Ill. 2708.

Room 329, Main PostOffice Bldg., Syra-cuse, N.Y. 13201.

Rooms 216-217, MainPost Office Bldg.,Tampa, Fna: 33601.

Rooms 116-120, U.S.Courthouse andCustomhouse,Toledo, Ohio 43624.

Room 916, 1825 H St.NW., Washington,D.C. 20226.

Snc. 3. Public information: Disrecords.

(a) Records of the Secret Saccordance with 5 U.S.C. 55made available, upon request,ance with the regulations relatd!sclosure of records publishedPart I.

(b) In addition to the Pestablished for the disclosurein paragraph (a) of this sepublic may secure information

make submittals or requests to, a super-Phone vising agent of a district office, or the

Number Assistant to the Director, Information

and Liaison, U.S. Secret Service, Depart-402-2-4671 ment of the Treasury, Washington, D.C.

20226.(c) The determination of which

records are available under paragraphsAnOu 74-0 (a) and (b) of this section will be madeby the Director, or his delegate. This

determination shall be subject to the21-9-40 appellate procedure provided in para-

graph (d) of this section.002-201-36 (d) Any person denied access to

records may, within 30 days after noti-fication of such denial, file an appeal tothe Special Assistant to the Secretary

4(for Enforcement). Such an appeal shallbe in writing, addressed to the Special

503-22"W5 Assistant to the Secretary (for Enforce-ment), Treasury Department, Washing-

S401-529-42 ton, D.C. 20220.Effective date. This notice shall be

effective upon publication in the FEDERAL703-"4-227 REGISTER..

Dated: July 5, 1967.91"-49-2413 [SEAL] JAMEs J. ROWLEY,

314-022-4238

801-a2-8910

512-225-4277

714-293-560

415-556-600

Director,U.S. Secret Service.

[P.R. Doc. 67-7954; Piled, July 10, 1967;8:49 am.l

DEPARTMENT OF AGRICULTUREAgricultural Stabilization and

Conservation Service

DOMESTIC BEET SUGAR PRODUCINGAREA

765-7818 1968-Crop Proportionate Shares;(Comme- Notice of Hearingcsl)

Notice is hereby given that the Secre-717-344-730 tary of Agriculture, acting pursuant to

the Sugar Act of 1948, as amended, willconduct a public hearing to receive the

20-M-5405 views and recommendations of inter-ested persons on the need for establish-

509-38-& 2 ing proportionate shares (farm acreageallotments) for the 1968 crop of sugar

217-5254033 beets in the Domestic Beet Sugar Area.In accordance with the provisions of

315-473-0 paragraph (1), subsection (b) of section302 of the Sugar Act of 1948, as amended

81-22-77n (7 U.S.C. 1132(b)), the Secretary mustdetermine for each crop year whether

41-259-M4 the production of sugar from any cropof sugar beets will, in the absence ofproportionate shares, be greater than the

202-95-503 quantity needed to enable the area tomeet its quota and provide a normalcarryover inventory, as estimated by theSecretary for such area for the calendar

closure of year during which the larger part of thesugar from such crop normally would be

Service, in marketed. Such determination may be2, will be made only after due notice and oppor-in accord- tunity for an informal public hearing.ing to the The hearing on this matter will bein 31 CPR conducted in Room 15018 on the 15th

Floor of the Federal Building, 450 Goldenrocedures Gate Avenue, San Francisco, Calif.,of records beginning at 10 am., on July 18, 1967.otion, the Proportionate shares are not In effectifrom, or for the 1967 crop of sugar beets. Latest

industry estimates indicate that about2,861,000 short tons, raw value, sugar willbe produced from the 1966 crop fromabout 1,230,000 planted acres. Accordingto beet sugar company figures, about1,207,101 acres have been or will beplanted to 1967-crop sugar beets.

Views and recommendations on theneed for establishing proportionateshares may be presented orally at thehearing, preferably supported In writingby an original and two copies of the oralstatement. Views and recommendationsmay also be submitted In writing (orig-inal and two copies) at the hearing orthey may be mailled to the Director,Sugar Policy Staff, Agricultural Stabili-zation and Conservation Service, U.S.Department of Agriculture, Washington,D.C. 20250, postmarked not later thanAugust 8, 1967.

Oral and written views proposing thatproportionate shares be established forthe 1968 crop should include recom-mendations as to the level of the nationalsugar beet acreage requirement and as tnthe details of a program. These wouldinclude such Items as methods (form-ulae) of establishing State allocations,area allotments and farm bases, the levelof set asides for new producers, appealsand adjustments, and the acreage, if any,to be reserved for any nonaffiliated singleplant processor of sugar beets.

All written submissions made pursuantto this notice will be made available forpublic Inspection at such times andplaces in a manner convenient to thepublic business (7 CFR 1.27 (b)).

Signed at Washington, D.C., on July 5,1967.

-1. D. GODFRY,Administrator, Agricultural Sta-

bilization and ConservationService.

[P.R. Doc. 67-7929: Filed, July 10, 167;8:47 am.1

DEPARTMENT OF COMMERCEMaritime Administration

AMERICAN MAIL LINE, LTD.

Notice of ApplicationNotice is hereby given that American

Mail Line, Ltd., has applied for (A) anincrease in maximum sailings on Its"extended area" subsidized service-Indonesia-Malaya (including Singa-pore), Burma, Ceylon, East and WestCoast of India, East and West Pakistanand Sabah (formerly British NorthBorneo)-from 12 to 16 sailings perannum, (B) an increase in overall maxi-mum sailings on Its subsidized service(Trade Route No. 29, U.S. Pacific/FarEast (as Extended)) from 42 to 46 sail-ings per annum, and (C) additionalchanges in its subsidized services whichwould include:

1. Movement of cargo from Californiato Malaya, Singapore, Ceylon, and Sabah(formerly British North Borneo) on amaximum of 16 sallngs per annum.


10220

NOTICES

2. Movement of cargo between the Any person, firm, or corporation hav-•U5. PacifiCCoast (Washington-Oregon- Ing any Interest, within the meaning ofCa3ifornia) and Sarawak, Brunel, and .Public Law 87-45, in the foregoing whothe Persian Gulf area on a maximum of 4desires to offer data, views, or arguments16 sailings per annum. should submit the same In writing, in

3. 'The making of direct Inbound calls triplicate, to the Secretary, Maritimeto the Washington/Oregon area, not- Subsidy Board, Washington, D.C. 20235,-withstanding that the vessel Itinerary by close of business on July 25, 1967. Inincludes calls atCalfornia. the event an opportunity to prezent oral

4. Movement of cargo between Alas- argument Is also desired, specific reasonkan ports west of longitude 1550 and for such request should also be Included.foreign port service areas. The Maritime Subsidy Board will con-

Any person, firm, or corporation hay- sider these comments and views and takeing any interest in such application and such action with respect thereto as in Itsdesiring a hearing on issues pertinent discretion It deems warranted.to section 605 (c) of the Merchant Marine By order of the Maritime Sub:IdyAct, 1936, as amended, 46 U.S.C. 1175, Board.should by the close of business on July JOHN M. O'CONFLL,25, 1967, notify the Secretary, Maritime Acting Secretary.Subsidy Board in vriting, in triplicate,and file petition for leave to intervene in Dated: July 5,1967.accordance-withtherules of practice and IF.R. Doc. 67-7937; F1ild. July 10, 1907;procedure of the Maritime Subsidy 8:48 am.]Board.

In the event a hearing is ordered to beheld on the application 'under section REDELEGATIONS OF AUTHORITY;605(c), the purpose thereof will be to FUNCTIONSreceive evidence relevant to (l) -whetherthe -application is one with respect to a Pursuant to authority delegated by the'vessel to be operated on a service, route, Secretary of Commerce to the Maritimeor line served by citizens of the United Administrator under Department ofStates which -would be in addition to Commerce Order 117-A, 31 F.R. 8087,the existing service, or services, andifso, June 8, 1966; 31 P.R. 15331, December 7,whether the service already provided by 1966, the following authorities have beenvessels of U.S. Tegistry in such service, redelegated to the Maritime Administra-route, or line is -nadequate, and (2) tion officials designated below:whether in the accomplishment of the A-U.S. MacmscH Mimum AcADmpurpose aud policy of the Act additionalvessels should be operated thereon. SEcrioN 1. Organization.

If no request for hearing and petition (a) The U.S. Merchant Marine Acad-for leave to intervene is received wthin emy Is under the direction and super-the specified time, or if the Maritime vision of a Superintendent, who reportsSubsidy Board determines that petitions to the Maritime Administrator.to intervene fled within the specified (b) The Superintendent Is azs'ted intime do not demonstrate sufficient inter- the performance of his duties by an As-eat to warrant a hearing, the Maritime sIstant Superintendent who acts, for theSubsidy Board -w take such action as Superintendent in his absence or preoc-may be deemed appropriate. cupation, and in addition serves as Ex-

ecutive Officer of the Academy.Dated: July5, 1967. (c) The U.S. Merchant Marine Acad-

By order of the Maritime Subsidy emy shall consist of the followingBoard. principal positions and organizational

JoHN M. O'CoNNst, components:Actinog Secretary. (1) Immediate Office of the Superin-

Doc. 67-7938; Filed JTuly 1o, 1967; tendent.7 8;:Fd a y 1(2) Executive Officer.

8:48a .]' (1) Administrative Ofice.

AMERICAN EXPORT ISBRANDTSEN (i) PublicInformtton Office.(Ill) Department of Finance andLINES, INC. Supply.

Notice of Application (iv) DepartmentofPublicWorks.(3) Dean.Notice is hereby given that American (i) Department of Nautical Science.

Export Isbrandtsen Lines, Inc., has re- (11) Department of Engineering.quested approval to further modify the (ill) Department of Mathematics and1967 cruise -schedule of the SS Atlantic Science.as previously -published in the FEcAL (iv) Department of Martime Taw andREGIs=EiE f April 13,1967 (32 F.R. 5961), Economics.and approved by the Maritime Subsidy (v) Department of Humanities.Board on May 11, 1967, so that the (vi) Department of Naval Science.schedule of this -vessel for November 1967 (vii) Department of Physical Educa-will read as follows: tion and Athletics.

Commences Terminates Itinerury

Mort EerjgadmsN ov.9 .. - Nv.22. New York, F reet

Worz23- Nov.29... Port 5rerg1slns.8StIThomas, San Iun,I ort verts~cs.

(vii) Admifsons Office.(ix) Registrars Office.(x) Library.(-d) Shipboard Training Office.(4) 'egimental Officer.(i) Regimental Office.(i) Medical Department.

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(IlI) Ship's ServiceDepartment.(5) Chaplains' OMce.(6) Alumni Office.Sue. 2. Delegati=s of Authority.(a) Subject to such conditions and

limitations as the Maritime Administra-tor may impose in other directives andInstructions, the Superintendent. U.S.Merchant Marine Academy is authorizedto exercise all of the authorities of theMaritime Administrator that are re-quired to perform the functions listed inrections 3-7 below.

(b) The Superintendent is authorizedto exercise all the authority of the Mari-time Administrator to accept or rejectglfts and bequests of property, both realand personal, for the purpaze of aidingor facilitating the work of the U.S. Mer-chant Marine Academy or its employeesunder Public Law 88-611 and Public Law80-4G5. except any gift or bequest:

(1) Of over $2,500 in value or(2) For representation or officia en-

tertainment purposes, regardless ofamount.

Suc. 3. Executive Offcer.(a) The Executive Officer shall be

responsible for the planning, direction,and general supervision of all admin-istrative functions and services necessaryfor the efficient management and opera-tion of the Academy. Under the ExecutiveOfficer there shall be the followingorganizational units:

(1) The Administrative Office, underthe supervison of an AdministrativeOfficer, shall provide adminis-trativecervlces on personnel matters, recordsmanagement, organization and methodsstudies, forms control, reports control,space allocation, printing services, pho-tog.raphic, audio and visual aid services,mail and files and telephone services,and sball be responsible for the coordi-nation of these functions with the At-lantic.Coast District or the HeadquartersOffice, as appropriate.

(2) The Public information Office,under the direction of a Public In-formation Officer, sball provide for thedissemination of Information about theAcademy through news media, personalappearances, public events speeches byAcademy officials, and audiovisual aids.All information activities shall be sub-Ject to policy direction and clearance,as appropriate, by the HeadquartersPublic Information Ofcer.

(3) The Department of Finance andSupply, under the direction of a Financeand Supply Officer, and-within applicabledirectives of the Maritime Administra-tion and the Department of Commerce,shall develop fiscal plans essential to thepresentation of the annual and specialbudgetary requirements of the Academyand shall execute the budgeted fiscalplans, Including the appropriated andreimbursable accounts. In addition, theDepartment of Finance and Supplyshallprovide memorandum accounting serv-Ices, travel and supply services, propertycontrol, and shall be responsible for ad-ministering the provldon of the FoodService Contract.

(4) MThe Department of Public Works,under the direction of a Public WorksOfficer, shall provide for building and


NOTICES

grounds maintenance, mechanical serv-ices, transportation services, heat andpower, and fire and security protection.

(b) The Administrative Officer in theabsence of the Executive Officer shall actfor the Executive Officer in carrying outthe functions set forth in this section.

SEC. 4. Dean.(a) The Dean shall be responsible for

developing, recommending, administer-ing and directing the academic program(including admissions) of the Academy.The Dean shall be responsible for:

(1) Developing academic policy andcurricula to implement that policy.

(2) Administering faculty affairs, in-cluding the selection, orientation, super-vision, and guidance, including careerdevelopment of faculty.

(3) Controlling and evaluating the in-struction, testing, and grading of cadets,including evaluation of instructor andstudent performance.

(4) Providing academic educationnecessary to qualify cadets to receivethe Bachelor of Science degree in ac-cordance with standards of the MiddleStates Association of Colleges and Sec-ondary Schools.

(5) Providing naval science training,in accordance with requirements of theDepartment of the Navy, to qualify grad-uates as Naval Reserve Officers.

(6) Providing technical educationnecessary to qualify graduates to serveas licensed merchant marine officers inaccordance with U.S. Coast Guard re-quirements.

(7) A program of on-the-job train-ing aboard ships for cadets.

(8) The admission, registration, andassignment of cadets, and the mainte-nance of academic records.

(b) Under the Dean there shall bethe following academic departments,each under the supervision of a Headof Department:

(1) The Department of Nautical Sci-ence shall provide for the teaching ofpractical and theoretical subjects relat-ing to nautical science.

(2) The Department of Engineeringshall provide for the teaching of prac-tical and theoretical marine engineer-ing and related subjects.

(3) The Department of Mathematicsand Science shall provide for the teach-ing of the mathematics and sciencephase of the curriculum.

(4) The Department of Maritime Lawand Economics shall provide for theteaching of Maritime Law, Economics,Marine Insurance, and related subjects.

(5) The Department of Humanitiesshall provide for the teaching of theliberal arts phase of the curriculum.

(6) The Department of Naval Scienceshall be operated by Department of theNavy personnel to provide for the teach-ing of the Naval Science phase of thecurriculum.

(7) The Department of Physical Edu-cation and Athletics shall administerprograms to provide for the physicaltraining of Cadets, including intramural,intercollegiate, and recreational athletics.

(c) In addition, under the Dean, thereshall be the following Offices:

(1) The Admissions Office shall beheaded by the Assistant Dean who shallserve as Acting Dean In the absenceof the Dean. The Admissions Office shall:

(I) Provide for the admittance ofCadets to the Academy in accordancewith criteria approved by the MaritimeAdministrator.

(Ii) Conduct studies of the validity ofexisting criteria for admission and rec-ommend to the Superintendent desir-able revisions of admissions criteria.

(2) The Registrar's Office, headed bythe Registrar, shall:

(i) Register and assign Cadets toclasses.

(ii) Maintain student records.(iiI) Process applications for certifi-

cates, licenses, and commissions.(iv) Issue degrees and grant retro-

active degrees in accordance with appli-cable regulations.

(d) The Library, under the Dean shallbe headed by a Librarian who shall pro-vide necessary library services to thestudents, faculty, and staff.

(e) The Shipboard Training Office,headed by a Shipboard Training Co-ordinator shall arrange for, supervise,and coordinate the Sea Year Programfor Cadets. Within this Office are threeAcademy Training Representatives sta-tioned at New York, New Orleans, andSan Francisco.

SEC. 5. Regimental Officer.(a) The Regimental Officer in the ab-

sence of both the Superintendent andAssistant Superintendent shall act forthe Superintendent.

(b) Under the Regimental Officerthere shall be the following Office andDepartments:

(1) The Regimental Office shall be re-sponsible for all cadet activities of a non-academic nature including military typeorganization, discipline, and a system ofself-government; ensuring the adequacyof the cadets' quarters, clothing, food,and related commissary services; andproviding and directing a program ofnonathletic recreational activities. TheRegimental Officer shall act as Head ofthe Regimental Office.

(2) The Medical Department, underthe supervision of commissioned medi-cal and dental officers of the U.S. PublicHealth Service, shall be responsible forthe medical and dental care and treat-ment of Cadets.

(3) The Ship's Service Department, anonappropriated fund activity operatedby a Ship's Service Officer who is undercontract to the Maritime Administra-tion, shall provide retail store services forCadets; a uniform shop; tailoring, drycleaning, laundry, and shoe repairservices; barber services; and a food can-teen. It shall also accept and maintainrecords of deposits made by Cadets forthe purchase of clothing, textbooks, andother personal items.

Szc. 6. Chaplains' Office.The Chaplains' Office, staffed by U.S.

Navy Chaplains assigned by the Depart-ment of the Navy, shall provide for andgive support and general direction to aprogram of religious and spiritual activ-ities for Cadets.

SEc. 7. Alumni Office.The Alumni Office, under an Alumni

Officer, shall maintain liaison withAlumni groups for the benefit of theAcademy, obtain suitable maritime em-ployment for graduates of the Academy,maintain up-to-date records of grad-uates, and prepare studies and reportsof their employment status,

B-OFFICE OF MARITIME PROMOTION

SEcroN 1. Organization.The Office of Maritime Promotion is

supervised by a Chief who reports to theMaritime Administrator. The Office hasthe following parts:

(a) Office of the Chief.(b) Division of Ports and Systems.(c) Division of Trade Studies.(d) Division of Cargo Promotion.SEc. 2. Delegation of Authority.(a) Subject to such conditions and

limitations as the Maritime Administra-tor may impose in other directives andinstructions, the Chief, Office of Marl-time Promotion is authorized to exerciseall the authorities of the Maritime Ad-ministrator that are required to performthe functions listed In sections 3 through6 below, except the authority to approveany project involving the furnishing ofstatistical data to public or private par-ties when the estimated cost thereof ex-ceeds $500.

(b) The Chief, Office of Maritime Pro-motion is authorized to exercise the au-thority of the Maritime Administrator toassess, mitigate, or remit, where appro-priate and consistent with approvedstandards, fines for delays in filing Ves-sel Utilization and Performance Reportsand for delays in filing corrected Reportsafter respondent has been notified thatrevised data are required; except thatappeals from decisions of the Chief, Of-fice of Maritime Promotion, and revisionsof the approved standards shall be for-warded to the Office of the Maritime Ad-ministrator for action.

SEc. 3. Office of the Chief.In addition to the usual responsibilities

for planning and directing the functionslisted In sections 4, 5, and 6 below, theOffice of the Chief shall conduct activitiesrelating to the promotion and develop-ment of the domestic waterborne com-merce of the United States, with primaryconcern in the Great Lakes, Intercostal,and Coastwise trades, Inland Waterwaysand noncontiguous domestic trades toPuerto Rico, Virgin Islands, Alaska, andHawaii.

SEc. 4. Division of Ports and Systems.The Division of Ports and Systems

shall:(a) Formulate and conduct programs

for the promotion of integrated trans-portation systems including the promo-tion of unitization and containerizationsystems.

(b) Pursuant to section 8 of the Mer-chant Marine Act, 1920, as amended, con-duct surveys, studies, and Investigationsof seaports and adjacent port areas, flowof commerce into the ports, marine ter-minals, and their facilities, and recom-mend, where necessary, ways of Improv-ing and expediting the operation thereof;recommend, with respect to facilities,


10222

NOTICES

new locations, new types of constructionand shore equipment which may be re-quired for modem types of ships, and tomeet changing traffic conditions; de-velop estimates of national needs andprepare long-range plans, as required,to the end that adequate port facilitiesmay be established for handling the for-eign and domestic waterborne commerceof the United States; furnish Informationand -advice on the foregoing to repre-sentatives of Government agencies, pri-vate industry, and State and municipalgovernments.

(c) Develop plans for more effectivecoordinated efforts on the part of agen-cies of the Federal Government undernormal peacetime operations, for promo-tion, development, and utilization ofports and port facilities required forhandling the foreign and domestic water-borne commerce of the United States.

(d) Furnish technical advice with re-spect to foreign port data to other Gov-ernment agencies

Te) As requested, represent the De-partment of Commerce and the UnitedStates in the international field of ports,and provide technical advice on ports toforeign countries.

U> Conduct emergency planning forthe utilization and control of ports andPort facilities under national mobiliza-Lion conditions, pursuant to ExecutiveOrder 10999.

Szc. 5. Division of Trade Studies.-The Division of Trade Studies shall:(a) Conduct studies of cargo, com-

modity, traffic, and ship data, as requiredto develop and conduct programs to pro-mote increased trade -nd participationby'US.-flag ships in the oceanborne com-merceofthe United States.. (b) Summarize and conduct analysesof cargo and ship data for use in con-mection ith studies of trade routes, port-activities. tramp shipping, ship employ-ment, and other activities, as requestedby the Maritime Administrator, theMaritime Subsddy Board and otherOffices of the Maritime Administration,

C) Make continuing studies and pre-Pare reports on activities of each serviceof the US.-tag operators In the interestof improving -essel utilization and zerv-ice.

(d) Prepare reports on traffic and xe-lated aspects of applications for Govern-ment aids.

(e) Analyze and recommend the traderoute -tructure and service requirementsof the foreign oceanborne commerce ofthe United States; fumsh expert testi-mony on traffic and trade route mattersbefore the Maritime Subsidy Board andothers.

Uf) Analyze and prepare reports onthe extent of foreign competition on es-sential trade routes and services to pro-wide the basis for the mcalculation of op-crating-differential subsidy rates end forother purposes; and maintain currentcompetitive data.

ft) Collect and process Vessel Utiliza-tion and Performance Reports fled byslp Operators and ugents; -aculfe andmaintain commodity information with

respect to US. coastwise, ntercoastal,noncontiguous, and foreign trades.

(b) Examine, approve, and/or disap-prove sailing schedules of U.S-flag sub-sidized ships and report to the Chief,Office of Government Aid, on railings ofsubsidized operators vhIch vary fromthose permitted by the Operating-Dif-ferential Subsidy Agreements.

(I) On its own Initiative or on request,prepare reports to the interested officesconcerning traffic aspects of agreementsfiled -under Article 11-18(c) of StandardPart II of the Operating-DifferentlalSubsidy Agreement, changes in servicedescriptions, and of ship requirements,and their assignment or reassignmentbetween services.

'J) Compile, maintain, and dissemi-nate statistical data on world merchantfleets, on ship employment and utilza-tion of U.S-flag ships, and on cargo andcommodity movements In the oceanbornecommerce of the United States.

SEc. 6. Division of Cargo Promotion.The Division of Cargo Promotion

shall:a) Develop programs and goals for

the promotion of increased trade andparticipation for American flag vesselsin the oceanborne commerce of theUnited States.0 Cb) Maintain relationships with ship-pers, forwarders, bankers, insurance, andother groups interested in cargo andtrade expansion.

c) Develop and maintain cooperativeefforts with Government agencies in-volved in trade expansion activities.

(d) Coordinate with the Division ofTrade Studies on all matters affecting the,competitive position of American ship-ping, including the determinations of theDivision of Trade Studies of those trades,commodities, and areas of activity ofgreatestpotential return.

(e) Exercise general surveillance overthe administration and operation ofcargo preference activities under PublicLaw 661-83d Congress pursuant toRecommendation 7 in House Report No.80, dated February 28, 1955.

(f) Maintain liaison with other Gov-ernment agencies to encourage theIncrease of U.S.-flag participation in thetransportation of Government-finuncedemrgoes, rendering advice and assstanceabout proper cargo preference clauses incontracts and regulations, and the avail-ability of U.S.-ag shipping in determi-nations ,where waivers may be Invoked.

(g) Act as intermediary between theshipping industry and Government ship-per agencles to solve complex problemssuch as hip availabilities and charterterms for transportation of Government-financed cargoes.

(h) Develop, formulate, and analyzerecords of U1S.-flag participation inGovernment-financed programs.

(I) Process applications for, and In the-event of nonavalability of US.-flagships, approve and administer Export-:Impor Bank walvers pursuant to State-ment of Policy on Zublic Resolution 17,73d Congress; exercise zurvelance overcompliance and maintal records of US.

and foregn-flag participation underwaiver agreements.

() Conduct reviews and analyses ofdiscriminatory laws, regulations, andpractices of foreign governments, for usein connection with waiver policy on Pub-lic Resolution 17; collaborate with andfurnish traffic advice to other offices, theDepartment of State, and the FederalMaritime Commission in efforts to com-bat and eliminate discriminationsagainst U.S ships.

(k) Maintain lison with the Depart-ment of State on international relationmsinvolved in shipment of Government-financed cargoes.

(1) Ascertain and evaluate Govem-ment shipping programs, export and Im-Port (other than military), keepinginformed of all programs subJect to thecargo preference statutes. including Im-Porting requirements; finamcial arrauge-ments; programing of movements;arrangement of ocean transportation;approval of bookings/fixtures; U.S.-flagvemel requirements; payment of oceanfreight; and reporting of shipments andarrivals.

C--CoAM TMha oasScmT O: I. Redeegatfo of Authorities.

Subject to such conditions and limita-tions as the arltime AdmInistrator mayImpose In other directives and instrc-tions, the Atlantc, Gulf. and PacificCoast Directors are authorized to exer-cise the authorities set forth in section 2below with respect to such MaritimeAdministration activities that are withintheir respective Jurisdictions and respon-sibilties.

Sc. 2. Specific Authorities Redfele-gated to the Coast Directors.

(a) Ship Operations activities. (1)Authority to determine terms of, execute,adninister, interpret, and terminatetowage contracts, upon authorization forshIp movement, and stevedoring con-tracts; and to approve changes in suchcontracts.

(2) Authority to determine terms of,execute, administer, interpret, andtermi-nate agreements for strippng -and out-fiting of ships, and related agreementsof a local nature, such as for standbycrews or temporary Pier space.

(3) Authority to administer agree-ments for the preparation, operation, andcharter out of ships, including charteringagreements with subsidized operators.

(4) Authority to enter into, execute,administer, and interpret Master ShipRepair Contracts Including the receiptand review of aplications Sor such con-tracts and the approval of applicant'rsquamlifications to perform thereunder;and review of applications for such con-tracts when such action Is not causedby unusual circumstances which mighthave effects on national policy.

(5) Authority to award and executeJob orders and supplemental job ordersunder Master Ship Repair Contracts, orother repair contracts, for -hip reactiva-tions and deactivations In the UnitedStates. and to approve changes thereto;subject to prior clearance with theOffice of Ship Operations when the total

FEDERAL REGISTER, VOL 32, NO. 132-- TUESDAY, JULY 11, 1967

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contract amount exceeds $350,000 pership.

(6) Authority to award and executejob orders and supplemental job ordersunder Master Ship Repair Contracts, orother repair contracts, for ship voyageand other repairs in the United States,and to approve changes thereto; subjectto prior clearance with the Office of ShipOperations when the total contractamount exceeds $115,000 per ship.

(7) Authority to approve the requestsof ship operators for the deferment ofthe contractual requirements for drydocking and repair of ships under Trade-In and Use Agreements.

(8) Authority to negotiate settlementswith, or make unilateral determinationsagainst, and bill charterers of ships forthe estimated cost of performing work(including charter hire and ship expensesin connection therewith), which is deter-mined to be the charterer's obligation atthe time of redelivery of a ship, whensuch work is not performed by thecharterer.

(9) Authority to approve costs in-curred by General Agents for taking shipInventories pursuant to NSA Order 47(AGE 4).

(10) Authority to deliver and acceptredelivery of ships, in accordance withapproved contracts or agreements.

(11) Authority to approve the sur-render of the marine certificates of aship of the United States sold for scrap,except certificates of registry or enroll-ment.

(12) Authority to approve the employ-ment of masters and disapprove the em-ployment of other licensed officers (in-cluding radio officers) for general agencyships. (Formal approval of licensed of-ficers other than masters is not re-quired.)

(13) Authority to require bareboatcharterers of Maritime Administration-owned ships to remove masters and chiefengineers if their employment is con-sidered prejudicial to the interests of theUnited States.

(b) Property and Supply activities.(1) Subject to Department orders, au-thority to fill requisitions by executingcontracts including the authority tomodify such contracts by addenda, andto terminate such contracts pursuant totheir provisions, within the limitationsof fiscal plans and funds allotted; except:(I) Any contract covering constructionprojects, or any supply or equipment con-tract, involving a cost in excess of $100,-000; (ii) consolidated purchases cover-ing requirements of more than one Dis-trict; (ill) any service contract (otherthan construction projects), involving acost in excess of $25,000; (iv) purchasesof automotive vehicles; and (v) requisi-tions for Maritime Administration, De-partment of Commerce, and overprintedstandard forms.

(2) Authority to dispose of personalproperty owned by the Maritime Admin-istration and located in their respectiveDistricts, determined to be unrequiredby the Maritime Administration, exceptships and property deemed to have na-tional sales interest, in accordance with

NOTICES

the Federal Property and AdministrativeServices Act, 1949, regulations issuedpursuant thereto by the General Serv-ices Adminstratlon and the Departmentof Commerce, and other applicable stat-utes and regulations.

(3) Authority to serve as the final re-viewing authority in the disposal of per-sonal property by competitive bid sale,in accordance with Title I, Chapter IVof the Regulations of the General Serv-ices Administration, when, based uponthe proposed award, the acquisition costof such property is $10,000 and over, butnot in excess of $25,000.

(4) Authority, In cases of emergency,to make purchases from commercialfirms of material which appears on theschedules of the National Industries forthe Blind and the Federal Prison Indus-tries.

(5) Authority, subject to the estab-lished policy requirements to transfermarine equipment under their jurisdic-tion for the operation, construction, orrepair of U.S.-flag ships, when requeststherefor originate within the District orare referred to the District for action.

(6) Authority to issue Governmentbills of lading and Federal excise taxexemption certificates.

(7) Authority to procure from otherGovernment agencies the use of Government-owned space, or the rent-free useof space.

(8) Authority to approve subleases,structural and utility changes and addi-tions, and lessee rates and charges, andto authorize utility and service contracts,as required in the administration of realestate leases.

(9) Authority to determine the valueof metallic ballast abroad scrap shipsand effect settlement thereof with thepurchaser.

(10) Authority to invoke and collectliquidated damages for delay in accept-ing delivery of scrap ships, in accordancewith the terms of the sales contract.

(11) Authority to determine the unitprices and value of stores, supplies, fuel,equipment, and spare parts included inship inventories and to approve settle-ment with shipowners, operators, char-terers, and shipbuilders with respect tosuch items.

(12) Authority to lease and renewleases on real property for use by anyMaritime Administration program, andto authorize the repair or improvementof such property provided the cost there-of does not exceed $100,000.

(13) Authority to lease and renewleases of real and personal property un-der the jurisdiction of the Maritime Ad-ministration, excluding the leasing ofmarine terminals and reserve shipyardsin their entirety, provided such leasesdo not unduly interfere with the intendeduse of the property by the Maritime Ad-ministration; and authority to terminatesuch leases.

(14) Authority to execute on behalfof the Maritime Administration leasesand other real estate Instruments notrequired by law or Department of Com-merce order to be executed by the Secre-tary of Commerce or other Departmentof Commerce official or by the Maritime

Administrator or Secretary of the Marl-time Administration.

(15) Authority to terminate leases onreal property of which the Maritime Ad-ministration is the lessee; to determinethe method of disposition and disposeof improvements placed on such propertyby the Maritime Administration; and toapprove payments for restoration of suchproperty pursuant to the terms of thelease provided the cost thereof does notexceed $100,000.

(16) Authority to approve the use ofIdle Maritime Administration real prop-erty and related personal property byother Federal, State, and City Govern-mont agencies, providing the permitsinclude a 30-day cancellation clause Inthe event of national emergency, as wellas a clause providing for cancellation atany time upon not to exceed 90 days'notice.

(17) Authority to grant easements onMaritime Administration-owned prop-erty provided the easement does not re-duce the value of the property or undulyinterfere with the intended use of theproperty by the Maritime Administration.

(18) Authority to approve plans,specifications, and technical require-ments for construction projects, andmodification or repair of Maritime Ad-ministration real property, providedsuch projects are in conformance withnational policies, programs, and proce-dures, and the cost thereof is not inexcess of $100,000.

(19) Authority, when designated asthe action official by the Maritime Ad-ministrator, to dispose of real estateowned by the Maritime Administration,located within the District, determinedto be unrequired by the Maritime Ad-ministration, pursuant to statutory au-thority and approval of the MaritimeAdministrator, and in accordance withthe condition of such approval.

(c) Government Aid activities, (1)Authority, in Accordance with GeneralOrder 27, to:

(I) Determine subsidizable items ofexpense necessary for the maintenance,preservation, repair, or husbanding of asubsidized ship during and under thecircumstances of a layup period;

(ii) Require the operator to establishto the Coast Director's satisfaction thatany period of idleness could not havebeen prevented in whole or In partthrough the most efficient and economi-cal operation; and

(III) Determine whether and to whatextent there should be recovery of anypayment of subsidy for any item of ex-pense allocable to a period of Idlenesswhich in the opinion of the Coast Dire-tor could have been avoided by efficlentand economical operation.

(2) Authority to establish the voyagetermination date on or before the endof a quarter, If In the opinion of theCoast Director such voyage would havebeen terminated by that date had strikesnot interfered with normal operations,and with the understanding that an idleperiod will commence upon terminationof the voyage and will be included aspart of the next succeeding voyage.


NOTICES

(3) Authority to determine "OtherFloating Equipment," "Other PhysicalAssets," and "Assets of Wholly OwnedSubsidiary Companies," to be includedby the District Comptroller, under Gen-eral Order 31, 2d Rev., in the computa-tion of "capital necessarily employed inthe business" of subsidized steamshipcompanies.

(4) Authority to review and accept,where appropriate, affidavits submittedby subsidized operators as to costs ofservices rendered by related companiesas required by exemptions under section803 of the Merchant Marine Act, 1936,as amended, and permissions under Ar-ticle I1-10 (c) of Standard Part II of theoperating-differential subsidy contracts;and where affidavits are not acceptableor other source data indicate possibleviolations, initiate an appropriate recom-mendation for submission to the Chief,Office of Government Aid, Washington,D.C.

(d) Comptroller activities. (1) Au-thority to grant extensions of time forthe submission of financial accountingsby charterers of ships, subsidized opera-tors, and other contractors fdr use inconnection with external audit responsi-bilities, provided the effects of suchextensions are not inconsistent withapproved external audits programs.

(2) Authority to administer andmaintain special bank accounts requiredin--connection with operations underAgency (Service) Agreements, exclud-ing authority to effect the establishmentor closing of such accounts.

(3) Authority to determine theamount, and to grant extensions of timefor the payment of additonal charterhire by charterers of ships under char-ter contracts.

(4) Authority, with respect to con-tracts which affect matters exclusivelyin their Districts, to determine the fi-nancial qualifications and limitations ofcontractors, approve the financial (ex-cluding insurance) provisions, deter-mine performance under such financialprovisions, and execute conditional or un-conditional release agreements or effectfinal setiements based on determinationsof contract performance.

(5) Authority, with respect to con-tracts which affect matters exclusivelyin their Districts, to (i) maintain cus-tody of the official contract or counter-part, good faith deposits, and bid, per-formance, and payment bonds; and (ii)determine the financial security of a per-sonal bond: Provided, That clearance isobtained from the District Counsel asto the form of bonds, if other than astandard form is used; clearance is ob-tained from the Treasury Department,when required; and the contracting rep-resentative is advised of such clearances.

(6) Authority to review finally andmake determinations pursuant to exter-nal audits except those relating to primeshipbuilding and reconversion contracts,and operating-differential subsidy agree-ments at the end of recapture periods,including authority to .compute "capitalnecessarily employed in the business"of subsidized steamship companies and

of charterers of ships in accordance withregulations and determinations of theMaritime Administration and the provi-sions of the contracts, taking into con-sideration the physical assets as definedby regulation or as determined by theOffice of Government Aid.

(7) Authority to establish aggregateceilings of amount of awards which maybe held at any one time by approvedrecipients of Master Ship Repair Con-tracts and to approve adJustments offinancial ceilings of existing holders ofsuch contracts.

(8) Authority to determine that notesand accounts receivable are administra-tively uncollectible and to remove themfrom the accounting records, providedthat individual uncollectible notes andaccounts in the amount of $100 or over(excepting those involving debtors ad-Judged bankrupt) shall be transferredto the General Accounting Office.

(9) Authority, consistent with the pro-visions of NSA Order 47 (AGE-4) andsupplemental actions of the Director,National Shipping Authority, to pay toGeneral Agents:

(I) The compensation authorized inthe NSA order upon satisfactory comple-tion of the required liquidation Ferv-ices;

(ii) Interim payments in advance uponapplication by a General Agent if theyare deemed to be earned:

-Provided, That whenever it Is foundadvisable to withhold the final amountdue a General Agent and the GeneralAgent protests such action, the mattershall be referred to the Director, Na-tional Shipping Authority, for final de-termination.

(10) Authority tn pay Justifled re-quests for unclaimed wages resultingfrom General Agency ship operationsafter transfer from the books of the Gen-eral Agent.

(e) Legal activities. (1) Authority todraft or approve as to form and legalityand interpret contracts, specifications,agreements, bonds, etc., that are to beexecuted in the field pursuant to dele-gated authority.

(2) Authority to approve the Eettle-ment of- litigated claims for or againstthe Maritime Administration where theamount of the settlement does not ex-ceed $5,000, reporting each such settle-ment promptly to the Chief, Division ofLitigation, Office of the General Counsel;and authority to execute or approve re-leases in connection with such settle-ments.

(3) Authority, when constituted andappointed by, and pursuant to the provi-sions of, properly executed power ofattorney, to sign and swear to any docu-ment and to perform any act that maybe necessary or required by law or reg-ulation in connection with the docu-menting, entering, clearing, lading, un-lading, or operation of any vessel ownedor operated by the Maritime Adminis-tration and generally to transact at tlheCustomshouses in the respective Dis-tricts any and all custom lusiness, exceptmaking, signing, and filing of protests

under section 514 of the Tariff Act of1930.

(f) Training activities. Authority toissue official Maritime Administrationcertificates of -completion of trainingprograms of merchant marine personnel(exclusive of officer training reserved tothe U.S. Merchant Marine Academy).Including radar; loran; atomic, biologi-cal, and chemical warfare; and gyrocompass.

(g) General. (1) Subject to Depart-ment orders, authority to approve requi-sitions within allotted funds made by alloffices of the District for supplies, mate-riab, equipment, books, publications,printing, binding, and repairs to Mari-time Administration-owned property,provided the cost thereof does not ex-ceed $100,000, and provided that anyobligation incurred in filling the requisi-tion will be charged against the appro-priations for administrative expenses,operation of warhouses, maintenance ofreserve shipyards, maintenance and op-eration of terminals, ship repair andmaintenance, ship operation, reservefleet expense, or maintenance, and cus-tody of inactive maritime service train-ng stations, and other allotments madeto the Coast Director, as appropriate.

(2) Authority to settle disputed mat-teas, other than claims, arising from con-tracts supervised, by agreement with thedebtor or claimant, in an amount not toexceed $50,000; and to execute releasesincident to such settlements.

(3) Authority, which may not be re-delegated, to settle laims for or againstthe Maritime Administration arisinwithin the District from local ship oper-ations (excluding claims of a marine andwar r' Insurance nature whether com-mercially Insured or assumed), wherethe amount of settlement does not exceed$5,000; and authority to execute releasesin connection with such szttlcments.

(4) Authority to utilize the resourcesof the Coast District, with the exceptionof those under Jurisdiction of the US.Merchant Marine Academy, in providingdisaster a.istance upon request and au-thorization of the Department of De-fense, Office of Civil Defense, or Office ofEmergency Planning, and to make suit-able plans and preparations in coopera-tion with Office of Emergency PlanningRegional Directors.

(5) Authority to use Federal personneland property under the Coast Directors'Jurisdiction and custody when, in theiropinion, such usage would provide ma-terial assistance in an emergency to acommunity.

(6) Authority to give nonlegal inter-pretations of public orders and regula-tions, iszued under the AdministrativeProcedure Act, provided that the orderor regulation shall not be changed insubstance by such interpretation.

(7) Authority to perform the respon-sibliUtes of a contracting representative,with respect to contracts executed in thefield.

(8) Authority to settle claims, arisingfrom contracts supervised, relating to theacquisition, utilization and disposition ofreal estate where the Government'sclaim(s) does not exceed $50,000, and to


10225

NOTICES

settle claims against the Governmentwhere the claim(s) does not exceed$100,000 and the proposed settlementdoes not exceed $50,000, except:

(i) When, for any reason, the com-promise of a particular claim, as a prac-tical matter, will control the dispositionof related claims totaling an amount inexcess of the sums covered by this dele-gation;

(i) When, because a novel question oflaw or a question of policy is presented,or for any other reason, the offer should,in the opinion of the Coast Director, re-ceive the personal attention of theMaritime Administrator;

(iii) When the Coast Director pro-poses to accept, over the opposition of anyother office involved, offers in compro-mise of claims in behalf of the UnitedStates in which the gross amount of theoriginal claim exceeds $10,000, and ofclaims against the United States inwhich the amount of the proposed settle-ment exceeds $10,000:and authority to reject offers of compro-mise on any such claim in behalf of oragainst the United States except in cir-cumstances described in subdivision (ii)above.D-ARzA RzPRESENTATvES, PAcIFIc COAST

DisTarcTSucurox 1. Redelegation.Subject to such conditions and limita-

tions as the Pacific Coast Director mayimpose in other directives or instructions,the authorities set forth in section 2 be-low have been redelegated by the PacificCoast Director to the Area Representa-tives, Los Angeles (San Pedro), Calif.;Portland, Oreg.; and Seattle, Wash.

Sc. 2. Specific Authorits Redete-gated.

(a) Authority to deliver and acceptredelivery of ships, in accordance withapproved contracts or agreements.

Cb) Authority to approve the sur-render of the marine certificates of a shipof the United States sold for scrap, exceptcertificates of registry or enrollment.

(c) Authority, subject to the estab-lished policy requirements, to transfermarine equipment under their jurisdic-tion for the operation, cQnstruction, orrepair of U.S.-flag ships, when requeststherefor originate within the Area, sub-Ject to the prior clearance with theDistrict Property and Supply Officer.

d) During cut-off or serious emer-gency conditions, authority to utilize theresources of the Area in providing dis-aster assistance upon request and author-ization of the Office of Civil Defense, orOfflce of Emergency Planning, and tomake suitable plans and preparations incooperation with civil defense regionaldirectors.

(e) Authority to incur obligationsagainst funds pursuant to suballotmentsreceived from the appropriations for shiprepair and maintenance, ship operation,and other allotments under his jurlsdic-tion, as appropriate.

(f) Authority to administer and inter-pret towage contracts and stevedoringcontracts; and to recommend termina-tion of such contracts.

(g) Authority to determine terms of,administer, interpret, and recommendtermination of agreements for strippingand outfitting of ships, and relatedagreements of a local nature, such as forstandby crews or temporary pier space.

(h) Authority to administer, withinfunctional jurisdiction, agreements forchartering, or general agency operationof merchant ships, including agreementswith subsidized operators.

(W Authority to administer and inter-pret Master Ship Repair Contracts inthe Area, including the receipt and re-view of applicationp for such contractsand to recommend the extent of the ap-plicant's qualifications to perform there-under.

Wl) Authority to award and executeJob orders and supplemental job ordersunder Master Ship Repair Contracts, orother repair contracts, for ship reactiva-tions and deactivations in the Area, andto approve changes thereto; subject toprior clearance with the District ShipRepair and Maintenance Officer, whenthe total contract amount exceeds $275,-000 per ship.

(k) Authority to award and executejob orders and supplemental job ordersunder Master Ship Repair Contracts, orother repair contracts, for ship voyageand other repairs in the Area, and toapprove changes thereto; subject to priorclearance with the District Ship Repairand Maintenance Officer, when the t6taIcontract exceeds $115,000 per ship.

(1) Authority to negotiate settlementswith charterers of ships for the esti-mated cost of performing work (includ-ing charter hire and ship expenses inconnection therewith), which is deter-mined to be the charterer's obligation atthe time of redelivery of a ship, whensuch work Is not performed by thecharterer; and to recommend unilateraldeterminations and prepare justifica-tions for billing to the District Comp-troller.

(m) Authority to disapprove as neces-sary the employment of licensed deckand engineering officers for generalagency ships; require removal of Mas-ters or Chief Engineers of Maritime Ad-ministration-owned ships under bareboatcharter if their employment is consideredprejudicial to the interests of the UnitedStates.

(n) Authority to determine theamount and kind of metallic ballastaboard scrap ships and recommend set-tlement thereof with the purchaser.

(o) Authority, in accordance withGeneral Order 27, to determine subsi-dizable items of expense necessary for themaintenance, preservation, repair, orhusbanding of a subsidized ship duringand under the circumstances of a layupperiod.

(p) Authority, In accordance withGeneral Order 20, to determine necessityfor work involved, justification for per-formance of maintenance and/or repairson a noncompetitive basis as well as rea-sonableness of negotiated prices per-formed on subsidized ships operatedunder subsidy agreements.

(q) Authority to approve the amountsto be billed against reimbursable pro-grams involving Area ship repair, main-tenance, and ship operations actviies.

-- AIA RXPSRzsrxATiv=, ATANTIcCoAST DZrucr

Srcniox I. Redelegation.Subject to such conditions and lnita-

tions as the Atlantic Coast Director mayimpose in other directives or Instructions,the authorities set forth In section 2below have been redelegated by theAtlantic Coast Director to the AreaRepresentatives, Baltimore. Md., andNorfolk, Va.

Sac. 2. Specific Aut horities fedele-gated.

(a) Authority to award and executejob orders and supplemental Job ordersunder Master Ship Repair Contracts, orother repair contracts, for ship reactiva-tions and deactivation, in the Area, sub-ject to prior clearance with the DistrictShip Repair and Maintenance Officer,when the total contract amount exceeds$100,000 per ship.

(b) Authority to award and executejob orders and supplemental Job ordersUnder Master Ship Repair Contracts, orother repair contracts, for ship voyageand other repairs In the Area, subject toprior clearance with the District ShipRepair and Maintenance OMcer, whenthe total contract exceeds $25,000 pership.

(c) Authority to approve changes inrepair and stevedoring oontracts pro-vided such changes do not cause thetotal contract cost to exceed 10 percentof the original contract cost.

(d) Authority to determine terms of,execute, administer, Interpret, andterminate agreements for stripping andoutfitting of merchant ships and otheragreements of a local nature, such asfor standby crews or temporary pierspace.

(e) Authority to administer agree-ments for the preparation, operation, andcharter out of merchant ships Includingchartering agreements with subsidizedoperators.

(f) Authority to deliver and acceptredelivery of ships, in accordance withapproved contracts or agreements.

(g) Authority to give nonlegal Inter-pretatlons of public orders and regula-tions, Issued under the AdministrativeProcedure Act provided that the orderor regulation shall not be changed Insubstance by such interpretations.

(h) Authority to serve as contractingrepresentative with respect to contractsexecuted within the Area.

(1) Subject to Department orders, au-thority to fill requisitions by executingcontracts, Including the authority tomodify such contracts by addenda andto terminate such contracts pursuant totheir provisions, within the limitations offiscal plans and funds allotted.

CJ) Authority subject to establishedpolicy requirements, to transfer marineequipment under their jurisdiction forthe operation, construction or repair ofU.S. flagships, when requests therefororiginate within the Area. subject to the


10226

10227prior clearance with the District Proper- terers, and shipbuilders with respect toty and Supply Officer. such items.

(k) Authority, in cases of emergency, Dated: July 5, 1967.to make purchases from commercialfirms of material which appears on the J. W. GUac,schedules of the National Industries for Acting Maritime Administrator.the Blind and the Federal Prison In- [P.R. Dec. 67-7036; Filed, July 10, 19J7;dustries. 8:48 am]

(1) Authority to utilize the resourcesof the Area in providing disaster assist-ance upon request and authorization ofthe Office of Civil Defense, or Office of TRANSPORTATIONEmergency Planning, and to make suit-able plans and preparations in 6oopera- National Transportation Safety Boardtion with civil defense regional directors. [

(n) In addition to the redelegations [Docket No. SA-395]listed in paragraphs (a) to (1), the fol- AIRCRAFT ACCIDENT NEARlowing delegations of authority are made MARSEILLES, OHIOto the Area Representative, Norfolk, Va.:

(1) Authority to determine terms of, Notice of Hearingexecute, administer, interpret, and ter- In the matter of Investigation of Acci-minate towage contracts not in excess of dent Involving Aircraft of U.S. Registry$5,000, upon authorization for ship N73130, which occurred near Marseilles,movement, and stevedoring contracts; Ohio, March 5, 1967.and to approve changes in such con- Notice is hereby given that an Acci-tracts provided they do not cause the dent Investigation Hearing in the abovetotal contract cost to exceed 10 percent matter will be held commencing at 9 a.of the original contract cost. (local time), on August 2, 1967, in the

(2) Authority to dispose of personal Cole Porter Room, Sheraton-Lincolnproperty owned by the Maritime Ad- Hotel, Indianapolis, Ind.ministration and located within the Dated this 6th day of July 1967.Area, determined to be unrequired bythe Maritime Administration, except [SEAL] THCoAs K McDmLx,ships and property deemed to have na- Hcarlng OBIcer.tional sales interest, in accordance with [r.R. Doc. 67-7762; Filed, July 10, 1907;the Federal Property and Administrative 8:49 am.]Services Act, 1949, regulations issuedpursuant thereto by the General Serv-ices Administration and the Department CIVIL SERVICE COMMISSIONof Commerce, and other applicablestatutes and regulations. CONTRACT NEGOTIATOR ET AL.

(3) Authority to determine the unit Manpower Shortage; Notice ofprices and value of stores, supplies, fuel, Hearingequipment, and spare parts included in Under the provisions of 5 U.S.C. 5723,ship inventories and to approve settle- the Civil Service Commision has foundment with shipowners, operators, char- a manpower shortage for the following:

Series code Position Location Effe'zland grade dte

Contract Neotrator -----------GS112-11 ---- Contr Administrator ----------02-112-... Contract Termination SpjjU0t.: lWsohlington, D.C., mctropoltlan ArCa. ,Tuno 2% IX-7

Contract Specialist ---------------

Comparable positions not under the NURSE, DIVISION OF INDIAN HEALTH;General Schedule are also covered. CONTINENTAL UNITED STATES (EX-

Appointees to these positions may be CEPT ALASKA)paid for the expenses of travel andtransportation to their first duty sta- Notice of Adjustment of Minimumtion. Rates and Rate Ranges

UNITED STATES CIVIL SERV- Under authority of 5 U.S.C. 5303 andICE CozIMIssIo14, Executive Order 11073, the Civil Service

[smr] JAMS C. SPRY, Commission has adjusted the minimumExecutive Assistant to rates and rate ranges for positions of

the Commissioners. Nurse, GS-610-4 through 8, and Public[P.R. Doc. 67-7932; Tled, July 10, 1967; Health Nurse, GS-615-5 through 8. The

8:47 am .] revised rate ranges are:PEn Ax"v0-34 hS

Grade 11 2 3 4 5 6 7 8 0 10I I ,


G8-4 [ 35,576 S5,738 $5,50 q5,056 $.. .210 %$3,370 ,,o ,, %M ,t% 67.0G1GS-5 ----------- 6,035 6,211 6,37 0 563 0 9 C,15 7,01 7257 7Gil-S-----------6,461 , G,59 ',I5 7.5 ,20u7, ,90 787 1;443 7,.43GS-7------------- 6 7 S 7,00 7.=0 7,516 7,723 7,942 8,16 2 8,Z M ,5 s. n--- -7,3 53 7.773 8,0M o243 94

I Corresponding statutory rates- GS4--Sxth; GS-.--ffth; GS--Fourth; GS-7-Thrd; GS-s-sod.

NOTICES

Coverage I- Division of Indian Health,Public Health Service, ContinentalUnited States except Alaska. Additionalcoverage Is Ellsworth AFB, Rapid City,S. Dak., and Kirkland AFB, Albuqueque,N. Mex.

The effective date will be the first dayof the first pay period beginning on orafter July 2, 1967.

All new employees in the specified oc-cupational levels will be hired at the newminimum rate.

As of the effective date, all agencieswill process a pay adjustment to increasethe pay of employees on the rolls in theaffected occupational levels. An employeewho Immediately prior to the effectivedate was receiving basic compensation atone of the rates of the statutory raterange shall receive basic compensationat the corresponding numbered rate au-thorized by this notice on and after suchdate. The pay adustment will not be con-sidered an equivalent Increase within themeaning of 5 US.C. 5335.

Division of Indian Health nurses onthe rolls in the State of California arenow paid the aalary rates established by

M.1 Letter 530-53. Under the provisionsof Civil Service Regulation 530.306(a) noemployee shall have his salary reducedwhen Special rates are revised. There-fore, In applying the new special rateranges prescribed herein, DIE nurses inCalifornia will retain their existing ratesof basic compensation. For example:

(a) An employee currently paid at thethird rate of GS-7 under FPM Letter530-53, $7,942, will be placed in the sixthrate of GS-7 under the new special raterange and continue to receive the samerate of pay.

(b) If the employee's existing ratefalls above the new maximum rate forhis grade, the employee will retain hisexlsting rate so long as he remains in thesame position or until he becomes en-titled to a higher rate.

UNITED STATES CIvIL Szv-ICE Col 'nssrolr,

(sEAL] JABES C. SPR,Executive Assistant to

the Commissioners.

[P.n. De. G7-7933; FlIed. July 10, 1967;8:47 a.m.)

PSYCHOLOGISTS, WORLDWIDE

Notice of Adjustment of MinimumRates and Rate Ranges

Under authority of 5 U.S.C. 5303 andExecutive Order 11073, the Civil ServiceCommision has increased the minimumrates and rate ranges for positions ofPsychologist, GS-180--l, 12, and 13.The revised rate ranges are:

PXX ANUIE RAINS

Grade 1 1 2 3 4 5 8 7 8 9 10

G- ........ $11,111 $11,426 $11.741 $'12,058 $12.371 $12,58 $13,001 $13,316 $13 $13,948G-1-2..... .... 12,064 12,448 12,822 13,201 18,880 18,H 14,338 14,717 14,096 1547508-1 3 - ......... 13,321 13,789 14,217 14,885 15,113 15,561 1,00 15,451 18,906 17,3

I Corresponding statutory rates: GS-U-Seventh; GS-12-Fourth; GS-13-Second.

Coverage is worldwide.The effective date will be the first day

of the first pay period beginning on orafter July 2, 1967.

All new employees in the specifiedoccupational levels will be hired at thenew minimum rate.

As of the effective date, all agencieswill process a pay adjustment to increasethe pay of employees on the rolls in theaffected occupational levels. An em-ployee who immediately prior to theeffective date was receiving basic com-pensation at one of the rates of thestatutory rate range shall receive basiccompensation at the corresponding num-bered rate authorized by this notice onand after such date. The pay adjustmentwill not be considered an equivalentincrease within the meaning of 5 U.S.C.5335.

UNITED STATES CVIL SERV-ICE CoMMIssI oN,

[SEAL] JAMES C. SPRY,Executive Assistant to

the Commissioners.[P.R. Doe. 67-7984; Piled, July 10, 1967;

8:48 a.m.]

EQUAL EMPLOYMENTOPPORTUNITY COMMISSIONFLIGHT CABIN ATTENDANTS

Sex as Occupational Qualification;Notice of Hearing

Questions of whether sex is a bonafide occupational qualification for theposition of flight cabin attendant andwhether discrimination based on sexwith respect to the conditions of em-ployment for this position is unlawful:

The Equal Employment OpportunityCommission is considering the questionsof whether sex is "a bona fide occupa-tional qualification reasonably necessaryto the normal operation" of airline com-panies, within the meaning of sections703(e) and 704(b) of Title VII of theCivil Rights Act of 1964, 42 U.S.C.A.,section 2000(e) et seq., herein referredto as "the ACt," for the position of flightcabin attendant, variously referred toas steward, stewardess, purser, etc., and,whether discrimination based on sexagainst applicants for, and employees in,such positions with respect to compen-sation, terms, conditions or privileges ofemployment (including different qual-ifications for hire with respect to ageand marital status, and different policieswith regard to retirement and resigna-tion on marriage and on reaching cer-

tain maximum ages) Is an unlawful em-ployment practice under the Act,

Notice is hereby given that, pursuantto section 713(b) of the Act, the EqualEmployment Opportunity Commissionwill conduct a public hearing with re-spect to these questions on Tuesday, Au-gust 8, 1967, at 10 am., ds.t., in theDepartmental Auditorium, ConferenceRoom B (first floor), Constitution Ave-nue, between 12th and 14th Streets NW.,Washington, D.C.

Interested persons are Invited to par-ticipate in, and to present evidence,views, and arguments with respect tothese questions at the hearing on Tues-day, August 8, 1967. Requests for timeto testify may be submitted to the Gen-eral Counsel, Equal Employment Op-portunity Comm is s I o n, Washington,D.C. 20506, at any time prior to 5:30 pan.,d.s.t., Tuesday, July 25, 1967. Writtenstatements submitted for considerationby the Commission should be filed in trip-licate with the General Counsel notlater than 5:30 pm., ds.t., Tuesday, July25, 1967. All written submissions pursu-ant to this notice will be available forpublic inspection at the Office of theGeneral Counsel, Equal EmploymentOpportunity Commission, Washington,D.C. 20506.

Signed at Washington, D.C., this 6thday of July 1967.

Lvz~zR HoLcoMo,Acting Chairman.

[P.. Doe. 67-7992; Piled, July 10, 1987;8:50 a.m.1

FEDERAL DEPOSIT INSURANCECORPORATIONINSURED BANKS

Joint Call for Report of Condition

Pursuant to the provisions of section7(a) (3) of the FederalDeposit InsuranceAct each insured bank is required tomake a Report of Condition as of theclose of business June 30, 1967, to theappropriate agency designated herein,within 10 days after notice that such re-port shall be made: Provided, That ifsuch reporting date is a nonbusiness dayfor any bank, the preceding business dayshall be its reporting date.

Each national bank and each bank inthe District of Columbia shall make itsoriginal Report of Condition on Officeof the Comptroller Form, Call No. 462,1and shall send the same to the Comp-troller of the Currency, and shall send asigned and attested copy thereof to the

Federal Deposit Insurance Corporation.Each insured State bank which Is a mem-ber of the Federal Reserve System, ex-cept a bank In the District of Columbia,shall make Its original Report of Con-dition on Federal Reserve Form 105-.Call 184,1 and shall send the same to theFederal Reserve Bank of the Districtwherein the bank is located, and shallsend a signed and attested copy thereofto the Federal Deposit Insurance Corpo-ration. Each Insured State bank not amember of the Federal Reserve System,except k bank in the District of Columbiaand a mutual savings bank, shall makeits original Report of Condition on FDICForm 64-Call No. 80,1 and shall sendthe same to the Federal Deposit Insur-ance Corporation.

The original Report of Condition re-quired to be furnished hereunder to theComptroller of the Currency and the copythereof required to be furnished to theFederal Deposit Insuranoe Corporationshall be prepared In accordance with"Instructions for preparation of Reportsof Condition by National Banking As-sociations," dated January, 1961, andany amendments thereto.' The originalReport of Condition required to be fur-nished hereunder to the Federal ReserveBank of the District whetin the bank islocated and the copy thereof required tobe furnished to the Federal Deposit Insur-ance Corporation shall be prepared in ac-cordance with "Instructions for the prep-aration of Reports of Condition by StateMember Banks of the Federal ReservoSystem," dated February 1951, and anyamendments thereto.1 The originalReport of Condition required to be fur-nished hereunder to the Federal DepositInsurance Corporation shall be preparedin accordance with "Instructions for thepreparation of Report of Condition onForm 64, by insured State banks notmembers of the Federal Reserve Sys-tem," dated January 1961, and anyamendments thereto.'

Each insured mutual savings bank nota member of the Federal Reserve Sys-tem shall make its original Report ofCondition on FDIC Form 64 (Savings),'prepared in accordance with "Instruc-tions for the preparation of Report ofCondition on Form 64 (Savings) andReport of Income and Dividends on Form73 (Savings) by Mutual Savings Banks,"dated December 1962, and any amend-ments thereto, and shall send the sameto the Federal Deposit InsuranceCorporation.

K. A. RAYDALL,Chairman, Federal Deposit

Insusance Corporation.WiLLw B. CAxP,

Comptroller of the Currency,J. L. ROB]aRTSON,

Vice Chairman, Board of Gov-ernors of the Federal ReserveSystem.

[P.R. DoC. 87-7035; Plied, July 10, 1987;8'48 ain.]

P lorm lled a part of original document


10228 NOTICES

NOTICES

ATOMIC ENERGY COMMISSION[Docket No. 115-5]

ALLIS-CHALMERS MANUFACTURINGCO., LA CROSSE BOILING WATERREACTOR

Notice of Issuance of ProvisionalOperating Authorization

Please take notice that no request fora hearing having been fled followingpublication of the notice of proposedaction in the FnAra RrLors n, theAtomic Energy Commission has issuedProvisional - Operatin AuthorizationNo. DPRA-5 authorizing Allis-ChalmersManufacturing Co. touse and operatethe Lr Crosse Boiling Water Reactor( LACRWR) at powers up to 165 thermalmegawatts. The reactor is located at asite along the east bank of the MississippiRiver, approximately 19 miles south ofLa Crosse, in Vernon County, Wis.

Initial operation of the reactor will belimited by the Technical Specifications to

'one thermal megawattuntil (1) comple-tion of construction of certain pieces ofequipment not essential to safe opera-tion at one thermal megawatt, (2) in-stallation and testing of these items, and(33 the Commission has made a final in-spection of the facility and determinedthat, the reactor has been completed inaccordance with the application, asamended, and the provisions of Con-struction Authorization No. CAPR-5.

The provisional operating authoriza-tion, as issued, is as set forth in the No-tice of Proposed Issuance of ProvisionalOperating Authorization published in theFEDERAL REGIsTER on March 18, 1967, 32F.R. 4285.

Dated at Bethesda, Md., this 3d day ofJuly, 1967.

FortheAtomic Energy Commission.PsTE A. Mosrs,

Director,Division of Reactor Licensing.

[n.I Doc. 67-7902; Filed. July 10, 1967;8:45 am-1

FEDERAL POWER COMMISSION[Docket Nos. G-6365, etct

HUMBLE OIL & REFINING CO- Er AL.

Findings and Order After StatutoryHearing

JuNE 29, 1967.Findings and orders after statutory

hearing issuing certificates of public con-venience and necessity, canceling docketnumbers, amendmng certificates, permit-ting andapproving.abandonment of serv-ice, terminating certificates, substitutingrespondept, redesignating proceeding,requiring filing of agreement and under-taking, and accepting related rate sched-ules and supplements for filing.

Each of the Applicants listed hereinhas filed an application pursuant to see-

tlon 7 of the Natural Gas Act for a cer-tificate of public convenience and neces-sity authorizing the tale and delivery ofnatural gas In Interstate commerce, forpermission and approval to abandonservIce, or a. petition to amend an exist-Ing certificate authorization, all as morefully described In the respective applica-tions and petitions (and any supplementsor amendments thereto) which are onfile with the Commission.

The Applicants herein have filed re-lated FPC gas rate schedules and pro-pose to initiate or abandon, add or deletenatural gas service in interstate com-merce as indicated by the tabulationherein. All sales certificated herein areat rates either equal to or below theceiling prices established by the Com-mission's statement of general policy No.61-1, as amended, or involve sales forwhich permanent certificates have beenpreviously Issued; except that the salefrom the Permian Basin area of NewM~exico is authorized to be made at theapplicable area base rate and under theconditions prescribed in Opinion No3. 468and 46-A. The sale from the PermianBasin area of Texas Is authorized to bemade at the applicable area base rateand such sale Is fully subject to the pro-visions of Opinion Nos. 46 and 405-A.

Jay J. Harris, et a]. Applicants InDocket No. G-19075, propose to continuethe sale of naturalgas heretofore author-ized in said docket to be made pursuantto Hugh McMilan FpC GasRate Sched-ule No. 2. Said rate schedule will be re-designated as that of Applicants. Thepresently effective rate under said rateschedule Is in effect subject to refund InDocket No. RI64-667. and Applicants in-dicate in their certificate application thatthey intend to be responsible for thetotal refund obligation from the timethat the increased rate became effectivesubject to refund. Therefore, Applicantswill be substituted In lieu of Hugh Mc-lillan as respondent in the proceeding

pending in Docket No. RI64-G7. the pro-ceeding will be redesignated acordingly,and Applicants will be required to filean agreement and undertaking to a--surethe refund of all amounts collected inexcess of the amount determined to bejust and reasonable In said proceeding.

The Commilsslon's staff has reviewedeach application and recommends eachaction ordered as consistent with allsubstantive Commission policies andrequired by the public convenience andnecessity.

After due notice, no petitions to Inter-vene, notices of intervention, or proteststo the granting of any of the respectiveapplications or petitions In this orderhave been received.

At a hearing held on June 22, 1967,the Commission on Its own motion re-ceived and made a part of the recordIn these proceedings all evidence, Includ-ing the applications, amendments, ande.hibits thereto, submitted in supportof the respective authorizations soughtherein, and upon consideration of therecord.

The Commission finds:(1) Each Applicant herein is a "nat-

ural-gas company" within the meaning

of the Natural Gas Act as heretoforefound found by the Commission or willbe engaged In the sale of natural gas inInterstate commerce for resale for uiti-mate public consumption, subject to. theJurisdiction of the Commission, and wilttherefore, be a. "naitural-gas company"within the meaning of said Act upon thecommencement of the service under therespective authorizations granted here-inafter.

(2) The sales of natural gas hereinhe-fore de:crib ed, as more fully described Inthe respective applications. amendmentand/or supplements herein, will be madein interstate commerce, subject to theJurisdiction of the Commission. and suchsales by the respective Applfcants, to-gether with the construction and opera-tion of any facilities subject to the Juris-diction of the Commission necessarytherefor, are subject to the requirementsof subzections (c) and (e) of section 7 ofthe Natural Gas Act

(3) The respective Applicants are ableand willing properly to do the act& andto perform the services proposed. and toconform to the provisions of the NaturalGas Act and the requirements, rules, andregulations of the Comrmion therender-

(4) The sal- of natural gas by therespective Applicants together with theconstruction and operation of any facili-tle subject to the Jurisdiction of theCommilszion necessary therefor, are re-quired by the publIc convenience andnece3dty and certificate therefore shouldbe Issued as hereinafter ordered and con-ditioned.

(5) It Js necessary and appropriate incarrying out the provisions of the Nat-ural Gas Act that Docket Nios. CI67-1510and C16T-1511 which were assigned tothe succession applications in DocketNos. G-19075 and G-6881. respectiveTy,should be cancelled.(6) It Is necezzary and appropriate in

carrying out the previsions of the Nat-ural Gas Act and the public convenienceand necessity require that the certificateauthorizations heretofore issued by theCommission in Docket Nos-. 0-6365,G-6881. G-8306. G-8641, G-1194(), G-19075, CI61-737, C164-17, CI64-1496,CI65-77. and C166-474 should be amend-ed as hereinafter ordered and condi-toned.

(7) It is necessary and appropriate incarrying out the provisions of the Nat-ural Gas Act that the certificates here-tofore Issued in the following dacketsshould be amended to reflect the dele-tion of acreage where new certificates areIsued herein or existing certificates areamended herein to authorize servicefrom the sublect acreage:

New. certipae~Amend to arzdror a=edmzzt

dcletc acreage to, add acreageG-10355 CI-I.G-11COO CI7-1004

G-12143 CISZ-10G4C161-738 __ _ CI67-15430163-418 CI67-193CICS-523 CI6-1595

ITemporary certfleate.

FEDERAL REGISTER, VOL 32, NO. 132-TUSDAY, JULY IT, T967

No. 132-11 .

10229

NOTICES

(8) It is necessary and appropriate Incarrying out the provisions of the Nat-ural Gas Act that the sale of naturalgas heretofore authorized to be madepursuant to the certificate issued inDocket No. CI61-943 should hereafter bemade pursuant to the authorizationgranted in Docket No. C164-17, and thecertificate in Docket No. C161-943 shouldbe terminated.

(9) The sales of natural gas proposedto be abandoned by the respective Appli-cants, as hereinbefore described, all asmore fully described in the respectiveapplications and in the tabulation herein,are subject to the requirements of sub-section (b) of section 7 of the NaturalGas Act, and such abandonment shouldbe permitted and approved as herein-after ordered.

(10) It is necessary and appropriatein carrying out the provisions of the Nat-ural Gas Act that the certificates ofpublic convenience and necessity here-tofore issued to the respective Applicantsrelating to the abandonments herein-after permitted and approved should beterminated.

(11) It is necessary and appropriatein carrying out the provisions of theNatural Gas Act that Jay J. Harris etal., should be substituted in lieu of HughMcMillan as respondent in the proceed-ing pending in Docket No. RI64-667, thatsaid proceeding should be redesignatedaccordingly, and that Jay J. Harris etal., should be required to file an agree-ment and undertaking in said proceeding.

(12) It is necessary and appropriatein carrying out the provisions of theNatural Gas Act that the respective re-lated rate schedules and supplements asdesignated in the tabulation hereinshould be accepted for filing as herein-after ordered.

The Commission orders:(A) Certificates of public convenience

and necessity are issued upon the termsand conditions of this order, authorizingthe sales by the respective Applicantsherein of natural gas in interstate com-merce for resale, together with the con-struction and operation of any facilitiessubject to the jurisdiction of the Com-mission necessary for such sales, all ashereinbefore described and as more fullydescribed in the respective applications,amendments, supplements, and exhibitsin this proceeding.

(B) The certificates granted in para-graph (A) above are not transferableand shall be effective only so long asApplicants continue the acts or opera-tions hereby authorized in accordancewith the provisions of the Natural GasAct and the applicable rules, regulations,and orders of the Commission.

(C) The grant of the certificates issuedin paragraph (A) above shall not be con-strued as a waiver of the requirementsof section 4 of the Natural Gas Act or of

Part 154 or Part 157 of the Commission'sregulations thereunder, and is withoutprejudice to any findings or orders whichhave been or may hereafter be made bythe Commission in any proceedings nowpending or hereafter instituted by oragainst the respective Applicants. Fur-ther, our action in this proceeding shallnot foreclose nor prejudice any futureproceedings or objections relating to theoperation of any price or related provi-sions in the gas purchase contracts here-in involved. Nor shall the grant of thecertificates aforesaid for service to theparticular customers involved imply ap-proval of all of the terms of the respec-tive contracts particularly as to the ces-sation of service upon termination of saidcontracts, as provided by section 7(b) ofthe Natural Gas Act. Nor shall the grantof the certificates aforesaid be construedto preclude the imposition of any sanc-tions pursuant to the provisions of theNatural Gas Act for the unauthorizedcommencement of any sales of naturalgas subject to said certificates.

(D) The grant of the certificates is-sued herein on all applications filed afterApril 15, 1965, is upon the condition thatno increase in rate which would exceedthe ceiling prescribed for the given areaby paragraph (d) of the Commission'sstatement of general policy No. 61-1, asamended, shall be filed prior to the appli-cable dates, as indicated by footnotes 16and 47 in the attached tabulation.

(E) The initial rate for the sale au-thorized in Docket No. C167-454 shall bethe applicable base area rate prescribedin Opinion No. 468, as modified by Opin-ion No. 468-A, as adjusted for quality orthe contract rate, whichever is lower;and no increase in rate in excess of saidinitial rate shall be filed before Janu-ary 1, 1968.

(F) If the quality of the gas deliveredby Applicant in Docket No. C167-454 de-viates at any time from the qualitystandards set forth in Opinion No. 468,as modified by Opinion No. 468-A, so asto require a downward adjustment of theexisting rate, a notice of change in rateshall be filed pursuant to the provisionsof section 4 of the Natural Gas Act: Pro-vided, however, That adjustments re-flecting changes in B.t.u. content of thegas shall be computed by the applicableformula and charged without the filingof a notice of change in rate.

(G) Within 90 days from the date ofinitial delivery Applicant in Docket No.C167-454 shall file three copies of a rateschedule quality statement in the formprescribed in Opinion No. 468-A.

(H) The Initial price for the sale au-thorized in Docket No. C167-1585 shall be13.0 cents per Mcf at 15.025 p.s.i.a.

(I) Certificates are Issued herein inDocket Nos. C167-1558, C167-1559, C167-1560, and C167-1575 authorizing the re-spective Applicants to continue the salesof natural gas being rendered on June 7,1954.

(J) Certificates are issued herein inDocket Nos. C167-1382, C167-1383, and

CI67-1386 authorizing the respective Ap-plicants to continue the sales of naturalgas which were initiated without priorCommission authorization.

(K) The certificates heretofore Issuedin Docket Nos. G-11949, CI61-737, andC166-774 are amended by adding theretoor deleting therefrom authorization tosell natural gas to the same purchasersand in the same areas as covered by theoriginal authorizations pursuant to therate schedule supplements as Indicatedin the tabulation herein.

(L) The certificate heretofore issuedin Docket No. CI64-17 is amended to in-clude the sale of natural gas from acre-age acquired from the predecessor InDocket No. C161-943; to include the saleof natural gas from new additional acre-age; and to include the interest of co-owners. The related rate schedule Is re-designated as Juniper Oil & Gas Co. et al.

(M) The sale of natural gas hereto-fore authorized to be made In Docket No.CI61-943 Is made pursuant to the author-ization granted In Docket No. C164-17,in paragraph (L) above, and the certifi-cate heretofore issued In Docket No.CI61-943 is terminated.

(N) The certificate heretofore Issuedin Docket No. C164-1496 Is amended toinclude the sale of natural gas from theadditional acreage and to include theinterest of the coowner, and the relatedrate schedule Is designated as W. N. Priceand L. E. Geoffroy (Operator), et al.

(0) The certificates heretofore issuedin the following dockets are amended to,reflect the deletion of acreage where newcertificates are issued herein or existingcertificates are amended herein to au-thorize service from the subject acreage:

Amend todelete acreage

G-10383G-11120G-11600G-12149CI61-7361CI63-418C165-523

New certificateand/or amendment

to add acreageC167-1004OI0G-174

CI67-10040167-10040167-15430167-15980167-15D5

(P) Docket Nos. CX67-1510 and C167-1511 are canceled.

(Q) The certificates heretofore issuedin Docket Nos. G-6365, G-6881, G-19075,and CI65-77 are amended by changingthe certificate holders to the respectivesuccessors in Interest as Indicated In thetabulation herein.

(R) The acceptance for filing of therelated rate schedule in Docket No.G-6365 is contingent upon Applicant'sfiling three copies of a billing statementas required by the regulations under theNatural Gas Act.

(S) The certificate heretofore issuedin Docket No. G-8306 is amended to re-flect Bill L. Dean, Special Receiver forThomas W. Harvey, Trustee, in lieu ofCharles W. Campbell, Special Receiverfor Thomas W. Harvey, Trustee as In-dicated in the tabulation herein.

Supra.


10230

NOTICES

(T) The certificate heretofore issuedin Docket No. G-8641 Is amended to re-flect the name change from FordeeRhoades Oil Co. to Rhoades OiL Co. asindicated in the tabulation hereim

(U) Permission for an approval of theabandonment of service by therespectiveApplicants, as hereinbefore described,all as more fully described in the zespec-tive applications and in the tabulationhereinare granted.

(V) Pernission for and approval ofthe abandonment in Docket No. 0167-1358 shall not be construed to relieve Ap-plicant of any refund obligations whichmay be ordered in the related rate sus-pension proceeding pending in DocketNo. RI63-38.

(W) The certificates heretofore issuedin Docket Nos. G-6123. G-1703Z. G-18823, G--18826, G-19675, CI62-132, andCI65-159 areterminated.

CX) Jay J. Harris et at, are substi-tuted In lieu of Hugh MeMinan as re-spondent in the proceeding pending inDocket No. M"64-667 and said proceed-Ing is redesignated accordingly

(Y) Within 30 days from the issuanceof this order Jay J. Harris et al, shallexecute, in the form. set out below, andshall file with the Secretary of the Com-mission an acceptable agreement andundertaking in Docket No. RI64-667 toassure the refund of all amaountn col-lected. together with interest at the rateof 7 percent per annum, in excess of theamount determined to be just and rea-sonable in said proceeding. Unless no-tified to the contrary by the Secretary ofthe Commission withIn 30 days from thedate of submission, such agreement andundertaking shall be deemed to havebeen accepted for filing.

(Z) Jay J. Harris et al., shall complywith the refunding and reporting pro-cedure required by the Natural Gas Actand § 154.102 of the regulations there-under, and the agreement and undertak-ing filed by them in Docket No. R164-66Tshall remain in full force and effect untildischarged by the Commission-

(AA) The respective related -rateschedules "and supplements as indicatedin the tabuIation herein are accepted forfiling; further, the rate schedules relat-ing to the successionsherein are acceptedand redesignated, subject to, the appli-cable Commission regulations under theNatural Gas Act t* be effective on thedates as Indicated in the tabulatiomherein.

By theCom iisslon.[sEMLI GoaNo IL GANT,

= S-etarir.

Jay 3.Barris et XL

10231

Do0ctx. I, an PC raoc rc2du13 to to acetedam I~t Me Dzcriptt rXdata o. S1

4-17-47 Z

F G-1fl3..0CGO21)C 4-15-G7'

CIUM1-737T-D r-3-

(CI-043)

C 2-1367 IL

C0_4-1490. _C C-0-73 1s

E 6-1-07

rC1GG-74....(G-11)0 4-47-C7

flmb lo& 0 dbl,Co. (orrxtc) ct aL

I%)rt Cam (Opc -

BML.Ds1

W. Hnxve. Trusftm(tcmuly Charles W.

W. H.mvcy, ' Truzf).

Rrazdcs 11 aCo. 0I.:.oil eo.).

Mobll Oil Corp. (Op-

adzrc42)

3Tunipr Oil & Oms Co.ct aL (vicezr toUnp& D. rww~p3d.b.n. DViJghn Oil& OcCo.ctoL).

Willim N. Prloo nudL. E. Oaffroy (O1r.afor) ctl.

CRA Intcrmzonn],Ltd. (OrIcr), ctALci. tcucr to Oal& Gaz 'ror-ptyLMnn,7,ccnt, c.()P- "ntc t cii).

CIG.07 Ec1-yaipcinL _A. IG--06= I

tI O-103u__.G--II lG-1-114n12-9-07: = L

B, 4-a3S.

Arnold Pctrm!ccm Co.(Op zw ct aL

Lloyd 11. Fcbnl(Ucrantcr Ct of.

CI7-1 .... Qol Drillin Co .......A 3-3-a 1

A3-31-- n

C67-1M _.. ThomnrM. 'harp,A-2T-47 sr c.-ntchnL

CIT-Lfl...B 4-ZO.-0"

C107-15t0.....(0-10070)

ClT-1lL_..(G-24471

OPhl hpP. Weantmb.lay3 1" maels et at

RLy 1. Enirrb (Opcratcr)ct nL (mcc toHugh McMllhn(Opr-ior) ct aL).

Natural Ocs I ro C

rcAtcl Fc_1 GZ Co..

Cc="1,. V.

Luo Etr O Co.,=n~c fn GzrvinComm.1 0kb

El 13 a OcCo

Co., Arr: r._ , EI

rc-. 0=.! Pl=

onru=Ic T XCCourim. Co.cic.a1l GCr3 C Cc,

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21!: Cc~z. We!=

LN.19 ca Cty' er

N. LtIMCo'z-1o Intx2-*o Gas

1ZicU, llcat conty,0kb.

'R ,-o Ir., TabzilFI M, Ur=S3 Ccznty,

~T2o Manutac-*==LtUt 4- Hr Co. r%

L%;%t e. lH= Co.,Fatcr TaiziWp,C!izcri Pasry~.

TL ~n~z~zL-ot & Heat Co.,

Pa.Unltzl'clnrulco.,

Vao c M =r-M-E3 Jnc

El 1a- "a'aM NnornlG Co,Fu!z: Naz-FI:turcei

couzily, :;. =%uzz

2. BmI Drlfln CO. Qop-GS No.L

- c, Sreic e I vr.cc foeCTiL= W zre2Tncrz:c, FPC Gon.

sNo.!-M~ MOL 4-Supp'.un Nec. I-7_.Ordf_-r I1-2Z.--03 *...EXe_-tvP da41: U-=.-.C4G

AM=eire:z 10-21-

Eir-C7 GE3 o. 4c.

na-:: 3 2 7OR & Oa3rrocaty

AD1.2c n Ila. 29.

4-3-07.

NToff M f c Mchfo

4-23-G. t 12-31-(,7"

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Cc -=.. Ir-IZ-W a--_.

tcqtcr rZcc =t0-3-Mis

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421t

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2

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1 27

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2

2

22

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,4

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4 1-2

A.nn3-C-a IML. 4 3A~inmntZ47.... 4 4

EX=112 datr- 2-i! ,a.ilrrh S~I"iThDIT (Oper-

ancc) ct aLi. ECoEs 1No. L.O% MtN1-4- 3 2-4

4-13.07.Ef~cetivo 5~a _2M

ing code: A-hItni l wrvlw.B--AtnndaancnLC-Amendzarnt to adl crnc=Ze.D-Ammdnmcmt to -W-to azrca 0E-Sucmzlom.F-Partal cace!on.

8&afoohtoto at end o f tbl -A.

FEDERAL REGIMTER, VOL 32, NM. 132-TUESDAY, JULY 11, 1967

NOTICES

NOTICES1

Also addsnew aOditional acreage and sets June 1, 1907, asc ontrattual effective dat fer rzt percdl c:s _.t sn(Jan. 1,19. moratorium for the newly added acre=e). -'5 Also adds interest of First Trans portation Gas Corp., nc. . ..'July 1,1857, moratrium pursuant to the Commission's statement of g~_r~p~ No. 61-1, as amcndaeI.5 Inedudes interest o f odweer.is Effective date: Date of initial delivery (Applcant shall udviso the Comm 'L'n as to ruth date).

SNicholss B. Dupont assigns interest to eRA Internatonal, Ltd.Designates CR A as operator. -,

n Conveyanceof Columbian Fuel Corp.'s interest in75 arresto a d.pth of4,49 fct,wlch iscoverefiby Cents m taFuel Crp. EPO G1S No. c'in Doeket No..G-I10 (Sheeley Leas No. 5).

n Jan. 1,1988, moratorium provided by Opnon 1o. 4. .SApplcant hsscareed toaccept a permanent certiflatepursuant to tOhe ilovlonsof Opinon Ro.4(Scunc Julcz.3 4 eteen Scope Industries and Transwestern Pipeline Ce.; ratifie bsc contract u a nadeil.

17 een Continental Oil Co. and Tr .awestern Pipeine Co. .By notice issued Feb. 23, 19W, and published In the Fsub. j ectrSwt CaoMr. 8, IC7, 12.1.533, t1c

subject application was described as one for initialservice only. I f-ct, Applicnt -lcentiuo a o l ia hcrtc Zoauthorized in Docket No.G-11600 and dedicated to -onsanto's FPO Gil No.18 at a rate of 13.0 C et p1rM c-a14.65 p.si.a, subject to upward and downward B.t.u. ndjustment. Sales from theo remaining crexqo wtliLcm~ecinitial servieat the rate of 17.0 cents per Mef at 14.Gp.s.a.s ublect to uprearau dan ad B.t.u nfjaZli (D 1.

3u 1 197, moratorium covering only that portion of the salerelaing to the nttL. srviceSCancelsprevious contractsbetween buyer and Humble 0il&ltellning Co., dacd Liar. 19,193., F Pa 011 No.197 (Docket No. 0-40353); MIonsanto Co., dated Aug.20, 1930, FPO011R1 No. 18 (Docket .No. 0-1169) cud CitiesServire Oil Co., dated Feb. 13,1917 (Docket No. -12149), insofar as the subeect Icrsg Ia nctnedGnK.- Source of gas depleted.

n ate of 16.16947 cents per Mocf effective subjet to refund In Docket No. 1 I03-335 (Dockt N. 111C-3 [ lca-slidted with Docket N~o. ABO4-2 et a.)

51al being rendered without prior Commission authericatlon. .-nDocket Nos. 0167-1510 and 0167-1511 erroneus-ly assined to t he snece.sion applic.tions in Deske No:. G-ll303

and G-6881, respectively, will be canceled.= Covers Lots 1 and 3 sec. 10 T. 32 N. I. 11 W.5

Covers Lot 2, S3 Sf8, sec. 10, T. 32 K., R. 11 W.5Sale beingrendered pursuant to a temporary certificate.= Basic contract between Renwar Oil Corp. et al., and United Gas Pipe Line Co.;on 0 as Cles srvlzo Co. FP

GRS No. IL5 5Provides for payment of allproceeds by United to Renwar for distribution to jolnt opcrating intcrcrs.

23 Addsacreage.32 Provides for reimbursement of newly levied taxes.43

Amends makeup provisions.- Amends makeup provisions.4

nAmends contract to eliminate price redetermination provisions.'3Cities Service Co. assigns properties to Atlantic Richfield Co. only Insofa a said lae cover iustang T'i.,

Sand Units 6,7-A, and 9.I"3No certificate filing made, onlyrate alin made to reflect the subject deletion which Is bda c, sceptcl fe fllnc'

"Transfers properties from Cities Service Co. to Atlantic Richfield in the Mustang 10slnd Sand Unit 0, 7-A, and 0

(filed Oct. I0,1957)."5 Amends application to decrease price to contract rate of 12.0 cents per Met.4'7an. 1 1968 moratorium pursuant to the Commisslon's statement of general poliy No. l-1, as am ucndcl.4Ratifis, adopts, and amends Feb. 1,194 contract to cover Applicant's interet in P0 cr3 In c:. 12, T. 7 N.,

R. 26W.4 Between Sidwell Oil & Gas, Ine., and El Paso Natural Gas Co.ED Adds Sidwell's interest in sc 12, T. 7 N., R. 26 W., among other acreaZO to Feb. 1, IDA contract,H Sale being rendered on June 7,1954.Es Limited to all depths shallower than the base of The !lssL..pplan System (m 13 to W cAslzczd C.2,3 only).- Contract provides for a rate of 14.0 cents per Mcf, but Applicant requested a rate o 13.0 cents per Mc"Between Sierra Petroleum Co., Inc., and buyer, on file as Slra Petroleum Co., Inc., FPC ORS No. 0.5Also onfile as Paul EL Ash d.b.a. A & C Oi& Gas Co. FPC GRS No. 10." Transfers properties from Ash to S. W. Jack, Jr.

[P.R, Doec. 67-7763; Filed, July 10, 1967; 8:45 am.]

[Docket go. RI67-469]

KERR-McGEE CORP.

Order Providing for Hearing on andSuspension of Proposed Change inRate, and Allowing Rate Change ToBecome Effective Subject to Refund

JuN 29,1967.Respondent named herein has filed a

proposed change In rate and charge of acurrently effective rate schedule for the

sale of natural gas under Commissionjurisdiction, as set forth In Appendix Abelow.

The proposed changed rate and chargemay be unjust, unreasonable, unduly dis-criminatory, or preferential, or other-wise unlawful.

The Commission finds:It Is in the public Interest and con-

sistent with the Natural Gas Act that theCommission enter upon a hearing re-garding the lawfulness of the proposed

10233

change, and that the supplement hereinbe suspended and Its use be deferredas ordered below.

The Commission orders:(A) Under the Natural Gas Act, par-

ticularly sections 4 and 15, the rezula-tions pertaining thereto (18 CFR Ch. I),and the Commision's rules of practiceand procedure, a public hearing shall beheld concerning the lawfulness of theproposed change.

(B) Pending hearing and decisionthereon, the rate supplement herein issuspended and its use deferred until dateshown in the "Date Suspended Until"column, and thereafter until made ef-fective as prescribed by the Natural GasAct: Prodded, however, That the supple-ment to the rate schedule filed by Re-spondent shall become effective subjectto refund on the date and in the mannerherein precribed if within 20 days fromthe date of the issuance of this order Re-spondent shall execute and file underits above-designated docket number withthe Secretary of the Commission itsagreement and undertaking to complywith the refunding and reporting pro-cedure required by the Natural Gas Actand § 154.102 of the regulations there-under, accompanied by a certificateshowing service of a copy thereof uponthe purchaser under the rate scheduleinvolved. Unless Respondent is advisedto the contrary within 15 days after thefiling of its agreement and undertaking,such agreement and undertaking shall bedeemed to have been accepted.

(C) Until otherwise ordered by theCommission, neither the suspended sup-plement, nor the rate schedule sought tobe altered, shall be changed until dis-position of this proceeding or expirationof the suspension period.

(D) Notices of intervention or peti-tions to intervene may be filed with theFederal Power Commission, Washington,D.C. 20426, In accordance with the rulesof practice and procedure (18 CFR, 1.8and 1.37(f)) on or before August 16,1967.

By the Commission.[sEAL] Gonor M Gwz,

Secretary.

AP? snar A

Dete Sup. Amount Data dto A DC s rr Mb-

Docket pondent sched- plo- Purchaser end producing arca cfannual fMLn ulmla ,cnd:d Iect.tNo. ule ment incrc tcnducd CW- unti-- R3!0 in Pror'ed refund fa

No. No. Il czt increased d,-cks

R167-469- Kerr-McTeCorp., 175 6 panhandlo asten Pipe Line Co. 0-12-5 37-13.57 87-14-7 ai'L0 4617.0Kerr-cGee Bldg., (North Carth"o Fild Tryas

Oklahoma City, County, O (Pbandlo Ar3).Okla. 73102.

I Basic contract dated after Sept. 28, 1960, the date of issuance of General Policy Statcment No. 01-1.2 The stated effective date is the first day after expiration of the statutory notice.3The suspension period is limited to 1 day.4 Periodic rate Increase.5 Pressure base is 14.65 p.s.La.a Subject to proportionate upward and downward B.tu. adjustment for gas contaiaing more or Izz tbhn ,IX D.t.u.ls per caub' f:. Prc-n-t B.t.u. ccateat ol gz Is 9P.T

B.t.u.'s per cubic feet.

Xerr-McGee Corp. (Xerr-McGee) requests Act to permit an earlier effective date for the CommkAlon'a statement of general policythat its proposed rate Increase be permitted Xerr-McGee's rate filing and such requcot Is No. 61-1. no amended, and the proposed In-to become effective, without suspension, as denied. Xerr-McGee's propoued rate ncrewo crewed rate of 17.0 cent3 per Licf exceeds theof April 1, 1967, the contractually provided Is suspended for the reason Cat forth below, area Increaced rate ceiling for the Panhandleeffective date. Good cause has not been shown The contract related to the rate filing of Aca but doco not exceed the initial servicefor waiving the 30-day notice requirement Herr-McGee was executed subsquent to colling of 17.0 cants per 1cf es-tablished forprovided in section 4(d) of the Natural Gas September 28, 1960, the date of luanco of the urea involved. We believe, in this itua-

FEDERAl REGISTER, VOL. 32, NO. 132-TUESDAY, JULY 11, 1967

NOTICES

tion, Kerr-McGee's proposed rate filing shouldbe suspended for 1 day from July 13, 1967,the date of expiration of the statutory notice.

[P.R. DOeC. 67-77"6,; iled, July 10, 1967;8:45 a.m.]

[Docket Nos. 31167-470 etc.]

KERR-McGEE CORP. ET AL.Order Providing for Hearings on and

Suspension of Proposed Changes inRates '

JUNz 29, 1967.The Respondents named herein have

filed proposed increased rates andcharges of currently effective rate sched-ules for sales of natural gas under Com-mission jurisdiction, as set forth In Ap-pendix A below.

2 Does not consolidate for hearing or dis-

pose of the several matters herein.

The proposed changed rates andcharges may be unjust, unreasonable,unduly discriminatory, or preferential,or otherwise unlawful.

The Commission finds: It Is In thepublic interest and consistent with theNatural Gas Act that the Commissionenter upon hearings regarding the law-fulness of the proposed changes, and thatthe supplements herein be suspendedand 'their use be deferred as orderedbelow.

The Commission orders:(A) Under the Natural Gas Act, par-

ticularly sections 4 and 15, the regula-tions pertaining thereto (18 CFR Ch. I),and the Commission's rules of practiceand procedure, public hearings shall beheld concerning the lawfulness of theproposed changes.

(B) Pending hearings and decisionsthereon, the rate supplements herein are

suspended and their use deferred untildate shown In the "Date SuspendedUntil" column, and thereafter until madeeffective as prescribed by the Natural GasAct,

(C) Until otherwise ordered by theCommission, neither the suspended sup-plements, nor the rate schedules soughtto be altered, shall be changed until dis-position of these proceedings or expira-tion of the suspension period.

(D) Notices of Intervention or peti-tions to intervene may be flied with theFederal Power Commission, Washington,D.C. 20426, in accordance with the rulesof practice and procedure (18 CMR 1.8and 1.37(f)) on or before August 15,1967.

By the Commission.[SAL] GORDON e. GtAx.

Secretary.A5pD8D11 A

Effective Cente p de Rate inRate Supple. Amount Date date Date fhet sub.

Docket No. Respondent ached- meat Purchaser and producing area of annual filing unless u dt to reule No. No. increase tonded suspend- e= 04tL- Rae In Pxoee n udi

ed effect r d rte doeket No.

187-470._ Kner-lyoGeCorp., 54 5 Northern Natural Gas Co. $558 6-12-67 37-13-67 12-13-67 '17.205 8518.8876Ke = oeGee Bdg., (South GIenwood Pool,Oklahoma City, Beaver County, Okla.)Okla. 73102. (Panhandle Area).

XI87-471... Kirby Petroleum Co. 28 3 Panhandle Easter Pipe Line 2,750 8-9-87 '7-10-7 12-10-87 11.0 31120(Operator) et al Co. (Deptbs above the basePost Office Box of the Chase Group, Hugoton1745, Houston, Tax. Field, Grant County, Kans.).77001.

107-472... Delta Drilling Co., 29 Lone Star Gas Co. (Katie 994 76-9-87 27-10-7 12-10-7 14.40 I'L b6(Operator) at al., Horton Unit No. 1, DanvillePost Oflfoe Box Field, Gregg County, Tex.)2012, Tyler, Tex. (RR. District No. 6).75M0.

R147-473... Oklahoma Natural 5 3 Northern Natural Gas Co. 946 86-2-r 87-. 3-07 1- 3-07 *'17.376 $it 3#1&477 I2-&.Gas Co., Post Office (Glenwood Field BeaverBox 871, Tula, County, Okla.) lanbandleOkla. 7102.Ar).

I The stated effective date is the first day after expiration of the statutory notice.I Periodic rate increase.A Pressure base is 14.65 p.s.Ls.I Subject to proportionate upward and downward B.t.u. adjustment for gas containing more or less than 1,000 B.t.u.'s per cu),Ie foot, Presnt Bt.u. Content of gm is 9M.

B.i.u.so per ubic foot.The stated effective date s the effective date proposed by Respondent.Corrected by letter dated June 12, 197, which was fled on June 13, 1967.

I Corrected by letter dated June 15, 1907, which was oled on June 16,1967.Includes base rate of 16.0 cents plus upward B.t.u. adjustment befor increase and 17.0 eontsplus upward B.t.u. adjustment after increase, based on l3.t.u. etoent as li, a

in present filing. Base price subject to upward and downward B.t.u. adjustment.nI Includes 0.015 cent per Mcl tax reimbursement for recently enacted increase in Oklahoma Excise Tax which will become effoctive on July 1, 19 7,

Kerr-McGee Corp. (Kerr-McGee) requeststhat Its proposed rate increase be permittedto become effective, without suspension, onJuly 1, 1967, the contractually provided ef-fective date. Delta Drilling Co, (Operator)et a]. (Delta), request that their proposedrate increase be permitted to become effec-

tive "immediately". Good cause has not beenshown for Waiving the S0-day notice require-ment provided In section 4(d) of the NaturalGas Act to permit earlier effective dates forKerr-McGee and Delta's rate filings and suchrequests are denied.

All of the producers' proposed increasedrates and charges exceed the applicable area

price levels for increased rate. as met forth inthe Commision's atment ol general polloyNo. 61-1, as amended (18 CMF, Oh. 1, Pt. 2,sec. 2.58).

[JP. Dec. 67-1768; Piled July 10, 1907,8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 132-;-TUESDAY, JULY I 1T 1967

10234

Docketo. I- f _

aud dato filtd Appicnt P'r r, f'i,ula!- Prfr1o erzc baz

[Docket Nos. G--530 etc.]

G. H. VAUGHN, JR., ET AL.Notice of Applications for Certificates,

Abandonment of Service and Peti-tions To Amend Certificates I

Jur 29,1967.Take notice that each of the Applicants

listed herein has filed an application orpetition pursuant to section 7 of the Nat-ural -as" Act for authorization to sellnatural gas in interstate commerce or toabandon service heretofore authorized asdescribed herein, all as more fully de-scribed in the respective applications andamendments which are on file with theCommission and open to public inspec-tion.

Protests or petitions to intervene maybe filed with the Federal Power Commis-sion, Washington, D.C. 20426, in accord-ance with the rules of practice and pro-cedure (18 CFR 1.8 or 1.10). on or beforeJuly 24,1967. -

Take further notice that, pursuant tothe authority contained in and subjectto the jurisdiction conferred upon theFederal Power Commission by sections7 and 15 of the Natural Gas Act and theCommission's rules of practice and pro-cedure, a hearing will be held withoutfurther notice before the Commission onall applications in which no protest orpetition to intervene is filed within thetime required herein if the Commissionon its own review of the matter believesthat a grant of the certificates or theauthorization for the proposed abandon-ment is required by the public conven-ience and necessity. Where a protest orpetition for leave to intervene is timelyfiled, or where the Commission on itsown motion believes that a formal hear-ing is required, further notice of suchhearing will be duly given: Provided,however, That pursuant to § 2.56, Part2, Statement of General Policy and In-terpretations, Chapter I of Title 18 of theCode of Federal Regulations, as amended,all permanent certificates of public con-venience and necessity granting appli-cations, filed after April 15, 1965, withoutfurther notice, will contain a conditionprecluding any filing of an increased rateat a price in excess of that designated forthe particular area of production for theperiod prescribed therein unless at thetime of filing such certificate application,or within the time fixed herein for thefiling of protests or petitions to intervenethe Applicant indicates in writing that itis unwilling to accept such a condition.In the event Applicant is unwilling toaccept such condition the application willbe set for formal hearing.

Under the procedure herein providedfor, unless otherwise advised, it will beunnecessary for Applicants to appear orbe represented at the hearing.

GORDON AL GRANT,Secretary.

3 This notice does not provide for consolida-tion for hearing of the several matters cov-ered herein, nor should it be so construed.

E. 6-9-67

E 0-19-07

G-11243 .........E 0-1-67

0-120005 . -...D -13-672

0-1329 -. -.PD 0415-673

B 0-19-67

0-169M-----.D G-19-67

CI1I-2-6 ---.E -I5 -7

G. H. Vau.ghn r., and IaCk 0.Vau h, Indlvinu-lar 0.1.Vau.hn, Jr., and 3.0. Vaughn,t-uatra de r tha will o! 0.11.Vaughn dc -d ( ,uc ar to0. 11 Vancqhn), c.;O E. ILGun-ter, wcral '7azr, 1003Vaughn Bldg., Dallw, Tc7201.

0. H. Vaughn, Jr., and 7. 0.Vaughn, trualcc undcr th3 willo 0HVaun.dco"dI

(curcwor to 0. IL Vaughn).CRA, Inc. (0,-rator). ct aL.

(nuzar to ' lctrotumCorp. (0zmtcr) ct aL, raotOllico B ,n raa City,Mo. (dUO.

Mobil Oil Corp., Pozt Oco Box2444, louzton, Ter. V77LWt.

Sinclair on & Ga Co. (0rc-ater) ct aL. Pct Oflo lbo 521,Tulm, 0kl. 741-.

CRA, Ini. (Opmrntor) Cta,Ceuwar to Arn- Petre!:=umCorp. (O ter) ct aL.).

Chaapln PCtrolum Co, (0pr-otDr) ct ol.

ORA, Inc. (orp.).w to AmaxPetroteuma Corp.).

A,.E 0-15-67

CIG1-117 ....... .....E 6-10-07

CICC-L -L.. .......do.....E 6-15-67

C63- -3-.... CRA, Inc. (Oeratcr). ct al.E 0-15-67 (Cumcesar to An- Pletroeum

- Corp. (Operator) tatL).CI3-43 ..... ORA, Inc. (ucc.aMr to Army

E -15-67 retroium Cor1.)CI63-499 ........ David Jacknian, Jr., =n1 Rlobart

E 6-14-67 0. Arr.trong (cumrr toClinton Oil Co..?- =' FourthNatlon-al fank Bldg., WAihta,Fas. 622

0163-M ...... OA, Inc. (orcrater). at ol.E -16-07 (cucur to Amax Pctro!eum

Corp. (opratcr) ct at).C3-u2 --------..... .do . ....

E 6-15-67

CI3-719 ------ d- .E 0-19-67

C163-103L ...... CRA, In. (cuc toAm c nE &-19-67 M3ctal Cllma, InM.).

CI63-1333 .......E 6-15-7

CI63-143 .......E -19-67

CI4-357 .......E 6-19-67

E 6-19-7CI -1142 .....

E 0-19-67

CRA, Inm. (mccv:r to AramPctrlocum Corp.).

..... do .................

CRA, Tue. (Opzratc), ct al (.c-zcmcor to Amrican Metal Cil.ma, Inc. (cent and operatar)ota.).

CRA, Ine. tca ro AmaPetrolcum Corp.).

CRA, Inc. (Or.rntsr), ot al. (-ic.cesmr to Arican Mtl Cli-max, Inc. (Operator), ct at).

C165-240tP ..... ORA, In. (u=c--cr to AmaE 0-10-67 1 Pctroleum Corp.).

CI65-357 .......E 6-19-07

CIS-5I ........5-29-07 t3

]105-1 ----E 6-19-07

CRA, Inc. (Opertcr),et at (fte-ce--or toAmax Pctroleum Corp.(Operator) et a.).

Mon-into Co. (Oprtacr) ct aL,1310 Main St., ou.Iton, Tex.

CRA, Inc. (tuwccecr to AaPetrocum Corp.).

unite-i oa3 Piro Llr: Co., cottonVarlay NFi' ct,;cezrl

H. uant, North tan::n;gFL 1', Ilarr;n County,' Trr

Tcnraa Oa rircul. Co., adivt!:n of T cn-u, Inz-,Mr~gut-Wltkra FL13,Wharton Ccunty, Tax.

Southern Natural aom Co.,Na;!orenvlIlb FL2!I, A.-rup-tan Per2.h. In.

Unitcd Om lip Lna Co..Bumera Icbdl Arm, Of1 h=z ,

ltcrb Pariah. "amlblm vani Pir LiraCo., Laver Arm, BcavcrCounty. Okl.

El Pra Natural G 3 Co., We-tliar-X Area, Grand County,U tahb.

Cltlaa3 Eervce GOc Co., axe:? InBartcr County, Lxan-.

bara Star Gao Co.. axeaaa InStSpjxna County, Okl.

I _-ean .txei"n Pip LiraCo.. cxa2 z I- Za B ^a,; r Co unty,okb.

Norttcrn Natural Ga Co.,14v=r3 Fkeld, Harpcr County,0"b

Panbanlo E.tern Piro LiraCo., Mocear_-Law-veo FLI,

cavcr County 0kbEl P:a Natural OCa Co.. B:Z-X

Unit. Grand County, Utah;and Item county. Co!x.

Northern Natural GO Co G0aAr3, Bearer County. i

Ncrthern Natural Gaa Co.,

acr: In Edart! County,

ElPo CO Natural Oa Co., acre oIn Me-ea County, Co!b.

El Pra Natural Ga Co.. Blar-XF.iLd. Grind County, Utah;and Mcn County, Co:2.

El Pam Natural Oao Co., a ,ain Morn County, Cob.

Kaw.: -Ncre,. Nasmal GaOCo., Inc., and NcDt.ern fU1-ti, Ira.. flear Damo Area,Natroa Cunt, Wyo.

North=rn Naotur Ga3 Co., ax-| zo In Wicaver County, Okr.

SPanhauaaEzetern PipoLIraCo.,cxcefa In Beaver County,

Mentain Fual Syply Co.,Nitcaho Guleh alt Ara ,Sweleatcr County, Wyo.

NCortter Na3tural Ga3 CO.,cca:a In Bcavcr County, 0k1.

r~mzNetbr'~ Natural GaaCo., Ice.. North Shawxe FlatTop 4, Conac' County,Wyo.

Michigan Wleeoneln Fire LiraCo., ax,:c-ga In Wcda County,0kb.

PahadbEecn PpablI Co.,ceroee In Bcaver Coaunty,0kb.

Natural oa3 Pridrcu Co. otAmafca, Da-.= Drar Area,Eddy County. N. 11-

Arkar== MuLian Oa Co.,Okffa in Wlco county,

11C.427G

I14.0

15.0

12.0

(0

12.0

17.0

17.0

17.0

9 12.727.

17.012.0

13.0

31.0'13.012.727

12.0

1".9

17.0

017.0

16.0

17.0

12.0

10.5":9

4.4

14.5

13.425

14.73

14. 5

it C5

21025

14.435

14.453

IL03

1. C25

14.43

14.C5

14.43

14.43

Filling code 'A-Inltlnl service.B--Abandonment.C-Amendment to add acreage.D-Amendment to deleto acrege.

F-Partial sueeeslon.See footnotes at end of table.


10235NOTICES

NOTICES

Alf"

A p1"* g.- - -. 4 X, 1 8'.1Z z04I__- *4 - - - - --

10236

NOTICES

[Project No. 19711

IDAHO POWER CO.

Oregon; Notice of Additional LandWithdrawal

JuLY 5,1967.Idaho Power Co., on February 27, 1967,

filed a supplemental map exhibit forProject No. 1971 in connection with thePallette Junction-Hells Canyon 230-kvtransmission line.

Conformable to the provisions of sec-tion 21 of the Act of June 10, 1920, asamended, notice is hereby given that thehereinafter described lands, insofar astitle thereto remains in the UnitedStates, are from the date of filing of theexhibit, February 27, 1967, reserved fromentry, location or other disposal underthe laws of the United States until other-wise directed by the Commission or byCongress.

WnL&L~srT MzDmihs

All portions of the following described sub-divisions lying within 50 feet, on either sideof the centerUne survey of the transmionline right-of-way location as delimited onmap, Supplemental Exhibit J and E: (FRO No.1971-220):T. 3 S, 1L 43.E

Se. 36, SEASEIl.T. 4S.R.48"E.Sec. 1. lots 1 and 2. sWJ NI,, SENWVe,

N SWVA , SWqSW'.;Sec. 8, lot4;Sec. 9, lot 1, SWrNWV, NESW 4. NY

SE%-,Sec.11, 10.NSE%:Sec. zz, mNW s , , zsw_

T. 3 S. R. 49 E. (unsurveyed),Sec. 31. N"Sw,4. SW VSW%, NWySEV,

See. 32, SS.T. 4S., R. 49 E. (unsurveyed),

See. 5, N3,flE%_N

The general determination made bythe Comnission at its meeting ofApril 17, 1922 (2d Ann. F.PC Rept. 128),-with respect to lands reserved for powertransmission line purposes, is applicableto those portions of the above-describedlands occupied for that purpose only.

The area of United States land re-served by this notice is approximately97.34 acres, all within the Wallowa-Whitman National Forest. Of this ap-proximately 3.21 acres have been hereto-fore reserved for power purposes underPower Site Classification No. 78.

A copy of map, Exhibits J and K (FPCNo. 1971-220) has been transmitted tothe Bureau of Land Management,Geological Survey and Forest Service.

GORDON AL GRaNT,Secretary.

[P.R. Doe. 67-7906; Filed, July 10, 1967;8:45 am.]

[DocketNo. CP67-384]

UNION GAS SYSTEM, INC., ANDCITIES SERVICE GAS CO.

Notice of ApplicationJULY 3, 1967.

Take notice that on June 27, 1967,Union Gas System, Inc. (Applicant), Post

S".FEDERALNo. 132- 12

Office Box 347, Independence, Wans.67301, filed in Docket No. CP67-384 anapplication pursuant to section 7(a) ofthe Natural Gas Act for an order of theCommission directing Cities Service GasCo. (Respondent) to establish physicalconnection of Its transportation facilitieswith the facilities proposed to be con-structed by Applicant and to Eell and de-liver to Applicant volumes of natural gasfor resale and distribution in the com-munity of Hillsdale, Aiami County,Wans., and environs, all as more fully setforth in the application which Is on filewith the Commison and open to publicinspection.

Applicant proposes to construct andoperate a municipal natural gas distri-bution system in the community of Hills-dale and Applicant proposes to constructand operate, together with Rczpondcnt.approximately 1.8 miles of 3-inch lateralline facilities extending northward froma point of interconnection with Respond-ent's 20-Inch transmission line to a con-nection at Mllsdale, serving four ruralcustomers along said lateral. Applicantestimates the third year peak daily andpeak annual natural gas requirements at169 Mcf and 12,825 Mcf, respectively.

Applicant estimates the total cost ofits proposed construction at approxi-mately $42,343, said cost to be financedfrom funds on hand.

Protests or petitions to intervene maybe filed with the Federal Power Commls-Sion, Washington, D.C. 20426, In accord-ance with the rules of practice and pro-cedure (18 CER 1.8 or 1.10) on or beforeJuly 31, 1967.

GonnoZIA. Gn=,-Secretary.

[P.R. Doc. 67-7907; l/d. July 10, 10 ;8:45 ajm.l-

FEDERAL RESERVE SYSTEMINSURED BANKS

Joint Call for Report of Condition

CRoss RErrMInc.: For a document re-garding the above-titled matter, see Fed-eral Deposit Insurance Corporation, P.R.Doe. 67-7935, supra.

GENERAL SERVICES ADMINIS-TRATION

[Temp. neg. E-1

PROPERTY MANAGEMENT

Revised Replacement Standards forFurniture and Office Machines

To heads of Federal agencies:1. Purpose. This regulation revises the

replacement standards for furniture (of-fice, household, and quarters, and Insti-tutional) and typewriters, and estab-lishes standards for other office ma-chines (manual and electric) in conso-nance with the objectives of thePresident, set forth in his memorandumof September 16, 1966. to heads of de-partments and agencies on cost reduction

in procurement. supply, and propertymanagement,

2. Effectire date. This regulation is ef-fective June 30. 1967.

3. Expiration date. This regulation ex-pires June 30, 1963, unless sooner revisedor superseded. Prior to this expirationdate, this regulation shall be codified.as appropriate, in the permanent regula-tions of GSA appearing in Title 41, CFR,Public Contracts and Property Manage-ment. Comments concerning the effector impact of this regulation on agencyoperations or programs should be sub-mitted to General Services Administra-tion, Federal Supply Service, Office ofSupply Management, Washington, D.C.20405, no later than January31, 1968, forconsideration and possible Incorporationinto the permanent regulation.

4. GeneraL Existing replacementstandards have been reexamined in thelight of the objectives in the President'smemorandum with a view to extendingthe useful life of such equipment andthu:s avoiding new procurement. Thiscan be realized through the use of serv-Icing facilities provided substantiallythrough GSA cources. The revised stand-ards are designed to assure that repair orrehabilitation of existing furniture or of-fice machines is effected to an optimumdegree and that agencies assume a"make-do" attitude.

5. ApplicabWty. The provisions of thisregulation apply to all executive agen-cies. Other agencies are encouraged touse these standards so that maximumbenefits may be realized.

0. Furniture replacement stardar.Furniture shall not be replaced unlessthe es timatcd cost of repair or rehabili-tation (based on GSA terms contracts),including any transportation expense,exceeds at least 75 percent of the cost ofa new item of the same type and class(based on prices as shown in the cur-rent edition of the GSA Stock Catalog,applicable Federal Supply Schedules, orthe lowest available market price). Anexception Is authorized in those unusualsituations when rehabilitation of the fur-niture at 75 percent of the cost of a newItem would not extend its useful life fora period compatible with the cost ofrehabilitation, as determined by theagency head or his designee.

7. Offic nachfnes replacemerntstaat-ard. Replacement of office machincsshall be in accordance with the stand-ards prescribed in a and b, below. Theacquisition cost of comparable machinesmay be obtained from applicable Fed-eral Supply Schedules with due consid-eration given to prices obtainable whenthe quantities Involved exceed the maxi-mum order limitation. In such instances,price Information, unless available with-in the agency, may be obtalied from thecontracting office Indicated in theSchedule. E-timated renair or overhaulcosts shl be obtained fro- coniractorsproviding service under GSA term can-tracts where provided or at the lowestrate available from other sources. Costobtained sall Include transportationcosts.

a. Electrically operated office ma-chines (typewriters, adding machines,

REGISTER, VOL 32, NO. 132---UESDAY, JULY 11, 1967

10237

0 NOTICES

comptometers, and desk calculators, ex-cluding the electronic type) under 12years of age or manually operated officemachines under 15 years of age shall notbe replaced unless:

(1) The estimated one-time repair oroverhaul cost of a machine under 8 yearsof age exceed 50 percent of the replace-ment cost for a comparable new model,without regard to trade-in or sale value;or

(2) The estimated one-time repair oroverhaul cost of a machine 8 years of ageand over exceeds 25 percent of the re-placement cost for a comparable newmodel, without regard to trade-in or salevalue.

b. Notwithstanding t he limitationsprescribed in a, above, office machinesmay be replaced under the following con-ditions provided a written justificationsupporting such replacement is approvedby the agency head or an authorized des-Ignee and is retained in the agency files:

(1) In those cases where there is acontinuing history of breakdowns withcorresponding loss of productivitythrough downtime. Judgments in thesecases should be based upon personalknowledge of the machine operator orsupervisor, and by repair records; or

(2) When office machines lack essen-tial features required in the performanceof a particular task which is continuingin nature and other suitable machinesare not readily available. However, thiscondition shall not be used to support re-placement of typewriters.

8. Other issuances affected. The re-placement standards for typewriters inFPMR 101-25.403 and the replacementstandards for furniture in FPMR 101-25.404 are superseded.

Dated: July 3, 1967.LAwsoN B. KroTT, Jr.,

Administrator of General Services.[F$.R. Doc. 67-7941; FlPed, July 10, 19_67;

8:48 a.m.I

SECURITIES AND EXCHANGECOMMISSION

[812-2182]

AMERICAN & FOREIGN POWER CO.,INC.

Notice of Filing of Application Ex-empting Transactions Between Af-filiated Persons

JuLY 5, 1967.Notice is hereby given that American

& Foreign Power Co., Inc. ("ForeignPower"), 2 Rector Street, New York, N.Y.,a Maine corporation, a registered closed-end nondiversified investment company,and a majority-owned subsidiary of Elec-tric Bond and Share Co., has filed an ap-plication pursuant to section 17(b) of theInvestment Company Act of 1940 ("Act")for an order exempting from the provi-sions of section 17(a) of the Act the pro-posed purchase from Amercon EAter-prises, Ltd. ("Amercon"), a whollyowned subsidiary of Foreign Power, by

Aluminum Company of America ("Al-coa"), of all of Amercon's holdings ofcommon stock of Aluminio, S.A. de C.V.("Aluminio"). All interested persons arereferred to the application, which Is onfile with the Commission, for a full state-ment of the representations therein,which are summarized below.

The proposed transaction. Amerconand Alcoa have entered into an agree-ment under which it is proposed thatAlcoa will purchase Amercon's entirestock holdings, consisting of 14 percentof the common stock of Aluminio, 52,500shares, for $35 per share or a total priceof $1,837,500 plus any cash dividends ac-crued and unpaid at the closing date.Each share of common stock carries acoupon which will entitle Alcoa to a com-mon stock dividend of two-thirds of ashare per share.

Aluminio, a Mexican corporation whichoperates an aluminum smelter in Vera-cruz, Mexico, was formed by Amercon,Alcoa and Intercontinental S.A., a Mexi-can "corporation, pursuant to agreementsof September 25 and October 6, 1961. Aspart of this arrangement Amercon ob-tained the 52,500 shares which are thesubject of this application at a costequivalent to $420,000 or $8 per shareand subordinate debentures in totalprincipal amount of $3,150,000. As of thedate of the application $1,925,000 prin-cipal amount of such debentures re-mained outstanding. As of December 31,1966, Aluminio had consolidated assetsof $16.9 million, outstanding long-termdebt of $4.8 million (excluding currentmaturities), preferred stock with a totalpar value equivalent to $3.8 million, andcommon stock equity equivalent to $5.9million.

Aluminlo is an affiliated person ofForeign Power by virtue of ForeignPower's ownership of all of the capitalstock of Amercon and Amercon's owner-ship of 14 percent of the common stockof Aluminio. Alcoa is an affiliated personof Aluminio by virtue of its ownershipof 131,250 shares or 35 percent of thecommon stock of Aluminio. Alcoa alsoowns 368,750 shares (77.6 percent) ofthe preferred (nonvoting) stock ofAluminio.

Upon consummation of the proposedtransaction, Alcoa will own 49 percentof the common stock of Alumlnio, Inter-continental, S.A., will own 35 percent andother Mexican nationals will own 16percent. Americon will still own the$1,925,000 principal amount of Aluminosubordinate debentures which the appli-cation states it is presently negotiatingto sell to a third party. However, thisis not part of the transaction for whichan exemption is sought.

Commission jurisdiction. Section 17(a), as hdre pertinent, makes unlawfulthe purchase by Alcoa, an affiliated per-son of an affiliated person (Alumino) ofa registered investment company (For-eign Power), of any securities fromAmercon (a company controlled by suchregistered investment company). TheCommission may, upon application pur-suant to section 17(b), grant an orderexempting a transaction if it finds thatthe terms of the proposed transaction,

including the consideration to be paidor received, are reasonable and fair anddo not involve over-reaching on the partof any person concerned, that the pro-posed transaction Is consistent with thepolicy of the registered Investment com-pany concerned, as recited In Its regis-tration statement and reports filed underthe Act, and Is consistent with thegeneral purposes of the Act.

Supporting statements. The applica-tion states that Aluminio's plant has afinished product capacity of 20.000 metrictons per year which Is now completelyabsorbed by the Mexican and exportmarkets; that the management of Alu-minio has proposed doubling plant ca-pacity, which expansion project It hasbeen estimated will cost $13 million overa period ending In 1972 and that Amercondeemed It desirable to terminate its stockinvestment in Alumino In view of thefact that Aluminio's contemplated ex-pansion program which was to befinanced by retained earnings made itextremely likely that Aluminlo wouldcontinue reinvesting earnings ratherthan paying dividends.

The application also states that dis-cussions were held with underwritingfirms in Mexico and elsewhere with aview to the sale of Amercon's stock in-terest and a firm offer to purchase theshares at a price equal to $30 per sharewas made by a Mexican firm. Both Inter-continental, S.A., and Alcoa have theright of first refusal In respect to anycontemplated sale of Amercon's Alu-minio stock. After advising them that Itwas considering such a sale, Amercon,with the knowledge of Intercontinental,SA., entered into direct negotiationswith Alcoa which resulted in agreementupon a price of $35 per share. Intercon-tinental, S.A., advised Foreign Power thatit did not wish to purchase any of theseshares.

The application further states that itappeared to Amercon that the proposedtransaction would be advantageous to itas the sale of stock could be effectedwithout delay and at the same time thetransaction should be advantageous toAlcoa, because it will permit Alcoa tostrengthen Its position in Aluminlo.

The Series A-1 common stock of Alu-minio which Is Identical to Amercon'sstock, except that It Is held by Mexicannationals only, Is traded on the MexicoCity Stock Exchange, and between Janu-ary 1, 1967, and June 2, 1967, 11 trans-actions Involving 1,300 shares were re-corded, the low being $31.20 per shareand the high $32 per share. From decla-ration on April 27, 1967, until June 2,1967, there were no reported transactionsin the stock dividend shares on a "whenissued" basis and no reported transac-tions in the coupon attached to thecertificates for the outstanding commonstock, against the delivery of whichcoupon, certificates for the dividendshares will be Issued.

In addition, the application states thatthere Is no affiliation or other relation-ship between Electric Bond and ShareCo., Foreign Power and Amercon on theone hand and Alcoa on the other, except


10238

NOTICES

by reason of the respective holdings ofthe stock of Alumlnto by Amercon andAlcoa- and that the price and terms of.sale are the result of negotiations atarm's-length between Amercon andAlcoa, and that each party, by virtue ofits ownership position in Auminto, hashad an equal opportunity to evaluateAluminlo and reach its own conclusionsconcerning the value of the shares ofcommon stock of Aluminlo which areproposed to be transferred.

Notice Is further given that any in-terested person may, not later than July26.1967. at 5:30 pm., submit to the Com-mission In writing a request for a hear-ing on the matter accompanied by astatement as to the nature of his interest,the reason for such request and theissues of fact or law proposed to be con-troverted, or he may request that he benotified if the Commission shall order ahearing thereon. Any such communica-tion should be addressed: Secretary,Securities and Exchange Commission,Washington, D.C. 20549. A copy of suchrequest shall be served personally or bymail (airmail if the Person being servedis located more than 500 miles from thepoint of mailing) upon applicant at theaddress stated above. Proof of such serv-Ice (by affidavit or in case of an attorneyat law by certificate) shall be fled con-temporaneously with the request. At anytime after said date, as provided by Rule0-5 of the rules and regulations pro-mulgated under the Act, an order dis-posing of the application herein may beissued by the Commission upon the basisof the information stated in said appliea-tion, unless an order for hearing uponsaid application shall be Issued upon re-quest or upon the Commission's ownmotion. Persons who request advice as toWhether a hearing is ordered will receivenotice of further developments in thismatter, Including the date of the hearingCif ordered) and any postponemensthereof.

For the Commission (pursuant to dele-gated authority).

[SEAL] ORvAL L. DuBois.Secretary.

[Ps. D= 67-7909; Filed. July 10, 1967;8:45 a.m.l

[Pile Nos. 7-2710--7-27181

CHROMALLOY AMERICAN CORP.ET AL.

Notice of Applications for UnlistedTrading Privileges and of Oppor-tunity for Hearing

JuLY 5,1967.In the matter of applications of

the Philadelpha-Baltimore-WashlngtonStock Exchange. for unlisted tradingprivileges in certain securities.

The above-named national securitiesexchange has fled applications with theSecurities and Exchange Commissionpursuant to section 12(f) (1) (B) of theSecuritiesExchange Act of 1934 and Rule12f-1 thereunder, for unlisted tradingprivileges in the common stocks of the

following companies, which securities arelisted and registered on one or more othernational securities exchanges:

File No.Clromalloy American. Corp-_.-- 7-2710Consolidated Electronics Industrie

Corp - - 7-2"11Handy & ra.. .... 7-2712Ogden Corp ..... 7-213Pacific Petroleums, Ltd.- --_ . 7-72114Signal O & Gas Co.--Class A . 7-2715United Park City s Co. - 7-2710The Villager, Inc-- - -- 7-2717'Whte Consolidated Industries. Inc. 7-2T18

Upon receipt of a request, on or beforeJuly 21, 1967, from any interested per-son, the Commission will determinewhether the application with respectto any of the companies named shall beset down for hearing. Any such reque-tshould state briefly the title of the Ecu-rity in which he is interested, the natureof the interest of the person making therequest, and the position he proposes totake at the hearing, if ordered. In addl-tion, any interested person may submithis views or any additional facts bearingon any of the sAd applications by meansof a letter addressed to the Secretary,Securities and Exchange CommsLion,Washington, D.C. 20549, not later thanthe date specified. If no one requests ahearing with respect to any particularapplication, such application will be de-termined by order of the Commisionon the basis of the facts stated thereinand other information contained in theofficial files of the Commisson pertain-ing thereto.


[s A]L OavrL I,. DuBois,Secretaryi.

[F.R. Doc. 67-7910; fled. July 10, 1967;8:45ac.m.I

Flo o. 7-27191

GULF & WESTERN INDUSTRIES, INC.

Notice of Application for UnlistedTrading Privileges and of Oppor-tunity for Hearing

Jurr5,1967.Tn the matter of application of the

Pittsburgh Stock Exchange, for un-listed trading privileges in a certain se-curity.

The above-named national -ecuritiesexchange has filed an application withthe Securities and Exchange Commis-sion pursuant to section 12(f) (1) (B) ofthe Securities Exchange Act of 1934 andRule 12f-1 thereunder, for unlisted trad-ing privileges In the common stock ofthe following company, which securityis listed and registered on one or moreother national securities exchange:Gulf & Western Industies, Inc.: Pile o.

7-2719.

Upon receipt of a request, on or beforeJuly 21, 1967, from any interested per-son, the Commission will determinewhether the application shall be set downfor hearing. Any such request should

state briefly the nature of the interest ofthe person making the request and theposition he proposes to take at the hear-ing, f ordered. In addition, anyInterestedpersonmay submit his views or any addi-tional facts bearing on the said applica-tion by means of a letter addresed tothe Secretary, Securities and ExchanseCommission, Washington, D.C. 20549,not later than the date specified. If n')one requests a hearing, this applicationwill be determined by order of the Com-mission on the basis of the facts statedtherein and other Information contzin'dIn the official files of the Commissionpertaining thereto.

For the Commrsslon (pursuant to dele-gated authority).

CSw.] OavAL L.. DuBois,Secretary.

[P.R. D"-. 67-7911; Mlied. July 10, 1967;8:45 azm]

[File No. 7-2M851

LEAR SIEGLER, INC.

-Notice of Application for UnlistedTrading Privileges and of Oppor-tunity for Hearing

Juro 5. 1967.In the matter of application of the

Detroit Stock Exchange, for unlistedtrading privileges in a certain security.

The above-named national securitiesexchange has filed an application withthe Securities and Exchange Conmissionpursuant to section 12(f) (1) (B) of theSecurities Exchange Act of 1934 and Rule12f-1 thereunder, for unlisted tradingprivileges in the cumulative convertiblepreferred stock of the following com-pany, which security s listed and regis-tered on one or more other nationalsecurities exchange:Lmr Sleger. Inc.: File No. 7-2c35.

Upon receipt of a request, on or beforeJuly 21, 1967, from any interested person,the Commlssion will determine whetherthe application shall be set down forhearing. Any such request should statebriefly the nature of the Interest of theperson making the request and the posi-tion he propozes to take at the hearing,If ordered. In addition, any interestedperson may submt hs vlewsor any addi-tional facts bearing on the said applica-tion by means of a letter addressed to theSecretary. Securities and Exchange Com-mis on, Washington. D.C. 20549, notlater than the date specified. If no onerequests a hearing, this application willbe determined by order of the Commis-sion on the basis of the facts statedtherein and other information containedIn the official files of the Commissionpertaining thereto.

For the Commission (pursuant to dee-gated authority).

ISEL1 OavAr L. DuBois,Secretary.

[P.R. Doc. 67-7912 Filed, July 10, 1967;8:45 am.1

EDERML IISTER, VOL 32, NO. 132-TUESDAY, JULY 11, 1967

10239

NOTICES

[File No. 2720]

LITTON INDUSTRIES, INC.Notice of Application for Unlisted

Trading Privileges and of Oppor-tunity for Hearing

JULY 5, 1967.In the matter of application of the

Midwest Stock Exchange, for unlistedtrading privileges in a certain security.

The above-named national securitiesexchange has filed an application withthe Securities and Exchange Commis-sion pursuant to section 12(f) (1) (B) ofthe Securities Exchange Act of 1934 andRule 12f-1 thereunder, for unlisted trad-ing privileges in the convertible prefer-ence stock of the follow'ng company,which security is listed and registered onone or more other national securitiesexchange:Litton Industries, Inc.; File No. 2720.

Upon receipt of a request, on or beforeJuly 21, 1967, from any interested person,the Commission will determine whetherthe application shall be set down forhearing. Any such request should statebriefly the nature of the interest of theperson making the request and the posi-tion he proposes to take at the hearing,if ordered. In addition, any interestedperson may submit his views or any addi-tional facts bearing on the said applica-tion by means of a letter addressed to theSecretary, Securities and Exchange Com-mission, Washington, D.C. 20549, notlater than the date specified. If no onerequests a hearing, this application willbe determined by order of the Commis-sion on the basis of the facts statedtherein and other information containedin the official files of the Commissionpertaining thereto.


[SEAL] ORvAL L. DuBois,Secretary.

[F.R. Doe. 67-7913; Filed, July 10, 1967;8:45 am.]

[Pile Nos. 7-2721-7-2725]

JONATHAN LOGAN, INC., ET AL.

Notice of Applications for UnlistedTrading Privileges and of Oppor-tunity for Hearing

JULY 5, 1967.In the matter of applications of the

Boston Stock Exchange, for unlistedtrading privileges in certain securities.

The above-named national securitiesexchange has filed applications with theSecurities and Exchange Commissionpursuant to section 12(f) (1) (B) of theSecurities Exchange Act of 1934 andRule 12f-1 thereunder, for unlisted trad-ing privileges in the common stocks ofthe following companies, which securi-ties are listed and registered on one ormore other national securities ex-changes:

File No.-Jonathan Logan, Inc --------------- 7-2721Northrop Corp ---------------- 7-2722U.S. Plywood-Champion Papers, Inc. 7-2723United States Gypsum Co ---------- 7-2724Whirlpool Corp ------------------- 7-2725

Upon receipt of a request, on or beforeJuly 21, 1967, from any interested per-son, the Commission will determinewhether the application with respect toany of the companies named shall beset down for hearing. Any such requestshould state briefly the title of the se-curity in which he Is interested, thenature of the interest of the person mak-ing the request, and the position heproposes to take at the hearing, if or-dered. In addition, any interested personmay submit his views or any additionalfacts bearing on any of the said appli-cations by means of a letter addressedto the Secretary, Securities and Ex-change Commission, Washington, D.C.20549, not later than the date specified.If no one requests a hearing with respectto any particular application, such ap-plication will be determined by order ofthe Commission on the basis of the factsstated therein and other informationcontained in the official files of the Com-mission pertaining thereto.

For the Commission (pursuant todelegated authority).

[SEAL] ORVAL L. DUBoIs,Secretary.

[F.R. Doe. 67-7914; Flied, July 10, 1967;8:45 am.]

INTERSTATE COMMERCECOMMISSION

[Notice 4161

MOTOR CARRIER TEMPORARYAUTHORITY APPLICATIONS

JULY 6, 1967.The following are notices of filing of

applications for temporary authority un-der section 210a(a) of the InterstateCommerce Act provided for under thenew rules of Ex Parte No. MC 67 (49CFR Part 340) published in the FEDERALREGISTER, issue of April 27, 1965, effectiveJuly 1, 1965. These rules provide thatprotests to the granting of an applica-tion must be filed with the field officialnamed in the FEDERAL REGISTER publica-tion, within 15 calendar days after thedate of notice of the filing of the applica-tion Is published in the FEDERAL REGIS-TER. One copy of such protest must beserved on the applicant, or its author-ized representative, if any, and the pro-tests must certify that such service hasbeen made. The protest must be specificas to the service which such protestantcan and will offer, and must consist of asigned original and six copies.

A copy of the application is on file, andcan be examined at the Office of the Sec-retary, Interstate Commerce Commis-sion, Washington, D.C., and also In thefield office to which protests are to betransmitted.

MOTOR CARRIERS or PROPERTY

No. MC 61403 (Sub-No. 170 TA), filedJune 30, 1967. Applicant: THE MASONAND DIXON TANK LINES, INC., East-man Road, Post Office Box 47 (37662),Kingsport, Tenn. 37664. Applicant's rep-resentative: Charles E. Cox, Kingsport,Tenn. 37662. Authority sought to oper-ate as a common carrier, by motor vehi-cle, over Irregular routes, transporting:Polyvinol alcohol, dry, In bulk, In tankvehicles, from Atlanta, Ga., to Gaffney,S.C., for 180 days. Supporting shipper:Seydel-Woolley & Co., Post Office Box2345, Atlanta, Oa. 30318. Send protests toJ. E. Gamble, District Supervisor, Bu-reau of Operations, Interstate Com-merce Commission, 706 U.S. Courthouse,Nashville, Tenn. 37203.

No. MC 118159 (Sub-No. 39 TA), filedJune 30, 1967. Applicant: EVERETTLOWRANCE, 4916 Jefferson Highway,Post Office Box 10216, New Orleans, La.70121. Applicant's representative: HaroldR. Ainsworth, 2307 American BankBuilding, New Orleans, La. q0130. Au-thority sought to operate as a commoncarrier, by motor vehicle, over Irregularroutes, transporting: Pies, and bakerygoods, both frozen and unfrozen, fromTulsa, Okla., to points in the UnitedStates (except Alaska and Hawaii), for180 days. Supporting shipper: Barna PieCo., Inc., 2745 East 11th Street, Tulsa,Okla. 73117. Send protests to: W. R.Atkins, District Supervisor, InterstateCommerce Commission, Bureau of Oper-ations, T-4009 Federal Office Building,701 Loyola Avenue, New Orleans, La.70113.

No. MC 124692 (Sub-No. 39 TA), filedJune 30, 1967. Applicant: SAMMONSTRUCKING, Post Office Box 933,Missoula, Mont. 59801. Applicant's rep-resentative: Charles B. Nieman, Nieman& Bosard, 1160 Northwestern Bank Build-ing, Minneapolis, Minn. 55402. Authoritysought to operate as a common carrier,by motor vehicle, over Irregular routes,transporting: Iron and steel articles,from Salt Lake City, Utah, to the Jobsiteof the Great Northern Railway Relo-cation Tunnel at Libby Damsite, nearTrego, Mont., for 150 days. SupportingShipper: Commercial Shearing & Stamp-ing Co., Youngstown, Ohio 44501. Sendprotests to: Paul J. Labane, DistrictSupervisor, Interstate Commerce Com-mission, Bureau of Operations, 251 U.S.Post Office Building, Billings, Mont,59101.

No. MC 126441 (Sub-No. 4 TA), filedJune 29, 1967. Applicant: J. T. DAILEY,doing business as J. & J. COMPANY,Cuthbert, Ga. 31740. Applicant's repre-sentative: Guy H. Postell, Suite 693, 1375Peachtree Street NE., Atlanta, Ga. 30309.Authority sought to operate as a commoncarrier, by motor vehicle, over Irregularroutes, transporting: Lumber (exceptplywood and veneer) and wooden pallets,over Irregular routes from Cuthbert, Ga.,to points in Alabama and Florida, for180 days. Supporting shippers: BurginLumber Co., Cuthbert, Ga., and Arling-ton Box Co., Box 179, Cuthbert, Ga. Sendprotests to: William L. Scroggs, District


10240

NOTICES1

Supervisor, Bureau of operations, Inter-state Commerce Commission, Room 300,680 West Peachtree Street NW., Atlanta,Ga. 30308.

No. MC 128431- (Sub-No. 1 TA), filedJune 28, 1967. Applicant: 14ARION F.ALDERMAN, doing business as AMR-VEL TRUCKING, Post Office -Box 276,Idanha, Oreg. 97350. Applicant's repre-sentative: Marion F. Alderman, Post Of-fice Box 276, Idanha, Oreg. 97350. Au-thority sought to operate as a commoncarrier, -by motor vehicle, over irregularroutes, transporting: Wood' chips fromFox Valley atLyons, Oreg., to Vancouver,Wash., for 150 days. Supporting shipper:Cedar Lumber, Inc., Post Office Box 275,Mill City, Oreg. Send protests to: A. E.Odoms, District Supervisor, InterstateCommerce Commission, Bureau of Oper-ations, 450 Multnomah Building, Port-land, Oreg. 97204.

No. MC 128814 (Sub-No. 5 TA), filedJune 29, 1967. Applicant: TRI-STATEMOTOR TRANSIT CO. (Lessee: H. Mes-sick,. Inc., Post Office Box 113, East onInterstate Business Route 44, Joplin,Mo. 64801. Applicant's representative:Max G. Morgan, Morgan, Dykeman &Williamson, 450 American NationalBuilding, Oklahoma City, Okla. 73102.Authority sought to operate as a con-tract carrier, by motor vehicle, over ir-regular routes, transporting: Explosives,blasting agents, and supplies, betweenHampton and St. Paul, Minn., and pointswithin 5 miles of each, on the one hand,and, on the other, North Dakota, South

Dakota, Iowa, Minnesota, Wisconsin, andthe Northern Peninsula of Michigan, for180 days. Supporting shipper: HerculesInc., Suite 500, 120 Oakbrook CenterMall, Oak Brook, 1l. 60521. Send proteststo: John V. Barry, District Supervisor,Interstate Commerce Commission, Bu-reau of Operations, 1100 Federal OfficeBuilding, 911 Walnut Street, KansasCity, Mo. 64106.

No. MC 129208 TA, filed June 28, 1967.Applicant: CHARLES MEARS, doingbusiness as MEARS DELIVERY SERV-ICE, 2120 North Vanpelt Street, Phila-delphia, Pa. 19121. Applicant's reprecent-ative: Mr. L. W. Harris (same as above).Authority sought to operate as a con-tract carrier, by motor vehicle, over Ir-regular routes, transporting: Electricalequipment, appliances, and furnishingused in restaurants, between Philadel-phia, Pa., and points within 35 milesthereof, on the one hand, and, on theother, points In New York, New Jersey,Delaware, Maryland, Pennsylvania, Vir-ginia, and Washington, D.C., for 180 days.Supporting shippers: United Freezers ofPennsylvania, Inc., Philadelphia, Pa.,Natpac Inc., Ozone Park, N.Y., AdmiralCorp., Philadelphia, Pa. Send protests to:Ross A. Davis, District Supervisor, Inter-state Commerce Commission, Bureau ofOperations, 900 U.S. Customhouse, Sec-ond and Chestnut Streets, Philadelphia,Pa. 19106.

No. MC 129211 (Sub-No. 1 TA), filedJune 30, 1967. Applicant: Mariann Burn

and Charles W. Burn, doing business asM. C. B. CO'M[PANY, Vanderberg andRailroad Avenue, Marlboro, N.J. 07746.Applicants representative: Bowes & Mill-ner, 1060 Broad Street, Newark, N.J.07102. Authority sought to operate as acontract carrier, by motor vehicle, overirre_-War routes, transporting: Dinner-ware and reproduced paintings, betweenMarlboro, N.J., on the one hand, and, onthe other, New York, N.Y., and Phila-delphia, Pa., restricted to transportationunder contract with George E. Weig1 Co.,New York, N.Y., for 150 days. Supportingshipper: George E. Welgl Co., 230 FifthAvenue, New York, N.Y. 10001. Send pro-tests to: District Supervisor, RaymondT. Jones, Interstate Commerce Com-mission, Bureau of Operations, 410 PostOffice Building, 402 East State Street,Trenton, N.J. 08608.

By the Commission.

[SEL] H. NEIL. GAPSON,Secretary.

[P.R. Dec. 67-7942; Fl-ed. July 10 1967;8:48 am ]

FOURTH SECTION APPLICATIONFOR RELIEF

Correction

In F.R. Doc. 67-7465, appearing atpage 9343 of the issue for Friday, June30, 1967, the 'SA number in the secondparagraph should read "FSA No. 41060".

CUMULATIVE LIST OF PARTS AFFECTED-JULY

The following numerical guide is a list of the parts of each tille of the Code ofFederal Regulations affected by documents published to date during July.

3 CFR -PRocLAIsaMos:3790-- . - - -----------3791

Page

980310047

EXECUTIVE ORDERS:9979 (See EO 11360) --------- 97879988 (See EO 11360) --------- 978710001 (See EO 11360)....... 978710008 (See EO 11360) -------- 978710202 (See EO 11360) -------- 978710292 (See EO 11360) -------- 978710363 (See EO 11360) -------- 978710366 (See EO 11360) -------- 978710469 (See EO 11360) .....- 978710562 (See EO 11360) -------- 978710659 (See EO 11360) -------- 978710714 (See EO 11360) -------- 978710735 (See EO 11360) -------- 978710809 (See EO 11360) -------- 978710984 (See EO 11360) ...... - 978711098 (See EO 11360) _....... 978711188 (See EO 11360) -------- 978711241 (See EO1360) .......- 978711266 (See EO 11360) -------- 978711278 (Amendedby E011359) - 1004911350 (See EO11360)....... 978711359A -------- ------ __ 1004911360_. ------------------- 978711361-----------------.... 10153

5 CFR P135213 --------------- 9493,9605,9807294 -------------------------- 9493511 ---------------------------- 9605534 ---------...-------------- 9005550 ------------------------- 9807

7 CFR1 ------.-.---- .....----------- 9605301 (3 documents) ---- 9496,9499,9507354 ------------- ---.. .---- 9945370 -------------------------- 9606412 ---------------------------- 9816601 ---------------------- 10155717 ------------------.. .---- 9946

L718 ----------.--------------- 9507722 .. ..........................- 9608725 ---------- ----- 9817728 ------------...------ 9819751 ---------------------------- 9821798 -------------------------- 9608811 ----------------------- 9949900 ...... 9610,9821905 ---------------------- 9508, 10051908 .......................-9508,10051910 ------------ ------ 9509,10052911 ---------------------------- 9822915 - ------- 10156916 ------ ----------------- 9612

7 CFR-Continued917 ------------------944 ---------.....980-----------1032,

1104-1132-1421 ...... ------ 9612, 9824, 10052,1446 ------1464 -.

1520 ------.-----1701 --------.. .1804..-------------

1813 ---------- -2101 ----------.-.-.--... -..

Page

98221005295099612951098239823

1005799509826951098279613982896149615

PnOPOSED RULES:51 ---------- 10084', 10090, 100a7958 --------------------. . 98351001 -.- -. -- --.-..-.--. 99021004-...---------------- 98361015 ----- ------.-. - -._. 99021032 ......------------------ 102031050, 102031062- .. ....... 102031067- 9691,10203

-9977.9977-1-0--- 9691


10241

FEDERAL REGISTER

7 CFR-ContinuedPROPosD RBuLsS-Continued

1104 __ - ..- - -- -- - ---.-1127.- - - - -

1128 2 ......1132-

8 CFRi rni01 - - -- - - - -- -103,-___

211 --. . . -- ---.--.- -..-212 ---213 ...--214---------

223231234 -----------------------------235 -------------------------236236 ...........................238 -- -- - -- -- - -- -- - -- -

239242243 ------------ ------245 -----------------------------O2A

249 -----------------------------251--------252 ------------- .253

29..

316a- - - - - - -- - - - - - --316a210

334-- - - - - - - - - - - - - -

339 ------------------------341 -------------------.. .....24R3A..

Page T14 CFR

96949697

102069694

9616962296229624962596259626962696269626962696269627962796289629963196319632963296329632963296329633963396339633963396349635963596359635963596359635

343b --------------------------- 9636349 ----------- ---- 9636499 -------------------------- 9636

9 CFR51 --------------------------- 9945204--------------------------9636

10 CFRPtoi'on RULES:

50) ......................... 10213

12 CFR'I ------------------------------ 980m4 --------------------------- 951Z26 ------------------------- 95I12'7 -------------------------- 9518272 ---------------------------- 95181301 --------------------------- 963M303 ------------------------- 9638

6 ..... 9638307 --------------------------- 963830 .....------------------------ 9638328, ---------------------- -1.0189

4-..------------------------ 9638505 - -------------------- 9520546 ---------------------- 9955

13 CFR101 ----------------- 100591N - ---------------------- 9522114 ----------------------- 10190PROPOSED RULES:

121 ------------------ 9980, 9982

Page

405 .......................

21 CFR

141a -----------------------14l1

053T

904., 1019.- 9810

----- 10199

21 CFR-Coeied Pago

-. 9810146 , . ... 981

1 -----------------.---------- 964039 .------------------- 9641,1006171....-- -9641-

9643, 9808,. 9956, 10061, 10192.10193.

73 ------------------------- 1019491 ------------------------ 9640,980297 ----------------------------- 9957401 ---------------------------- 99631201 ------------------------- 95241206 ------------------------- 9528PROPOSED RIuLEs:

2 3 --- - - - - 1 0 1 0 339 -------------- ----- 970361 -101037 1.-9571,

9704-9708, 9986, 10103, 10210-10213.

9708,1021291 ... 9840,998722 . 9841

9841399 ..------- ------------- 9841

15 CFRCh. I ---------------------- 100774 --------------------------- 9643200 ------------------- 10194235 ------------------------- 10198365 -------------------------- 9809

370 ------ 10078371 ------------------------- 10079372 -- 1078373 ....------------------ 10078,10079379 ------------------------- 10078382 ------------------------- 10082385 ------------------------- 10079399 ----------------- 10082

16 CFR13 ----------------- 9645-9648, 10058P1OPOSED RULES:

415 ----------------------- 9843500 ---------------------- 9571

17 CFR140____9649.......... 9828,1019

18 CFR1 --------------------------- 10062I 99553. - 1006213T --------------- --- 9656PROPOSEJ Rum'.

101 ----------------------- 9709141 ----------------------- 9709

T9 CFRCf. I ----------------------- 102G14 - ------------------------ 95331 93---------952-. ...------------------------ 9533

S---------953

20CFR2-96&1

62R RI

9970

96529654965496579657

i flfl1223 CFR9 A

24 CFR15 .......------------------------ 9660200 .... 9539

1600 ....---------------------- 9862

25 CFR41 ----------------------------- 10058

26 CFR48 ...------------------------ 9640601 ....----------------------- 9541

27 CFRPRorosin RvLs:

5 ------------------------- 1020

28 CFR0 ------------ ---------------- 966216 .. ......................... 9062

29 CFR101------------ ------ 9547, 10059102 ---------------------------- 9547516 ---------------------------- 9551526 ---------------------------- 91 va01401 --------------------- 98111402 --------------------------- 9811140a ---------------------------- 98111404 --------------------------- 9821PROPOSED RULES:

4 -------------------------- 10132

31 CFR---- ..... .---- 950 10059

9 - - --- - - 906420-....... 10201SL ............. 9564257... 96652-- -..... - 9605

996735T . . .....................- 9606

32 CER1------------------ ------ 101572_ ---------------------- ... - - -101583 ----------------- - - -o~3L .. .... .... .... 10159

4------------------------------ 101616 -...-------------------------- 101677-- 101679 -- - ------- 101721. ...------------....------- 10172

-_ ................... -----.. 1017316 ------------------------- 1017318 ---------------------------- 1017422 ----------------------------- 1017430 ----------------------------- 10180

- - - -- - - - - - -- - -- - -

337-----------------------------

1=2

PaoPosxn RIumLE-14. .....----------

22 CFR212 -------------302 .--.-

501o5n-q

FEDERAL REGISTER

32 CFR-Continued Page

Ch. XVI -------------------- 967967 ----- 996868 ---------- 9968242 ------ 9969243 ------ --- ------------- 9971286 -------------- 9666287 ------------------------- 9670290 -------------------------- 9671800 -------------------------- 9673806 ----------------------------- 9674813a--- -------------- 9677822 -------------------------- 9673827 ----------------------------- 9677857 -------------------------- 9677870 ------------------------- 9677873 ------------------------- 96781607 ---- 99731609 ------------------------- 99731610 ........ 99731622----------- -------------- 9973

32A CFRPROPOSED RULES:

Ch. XVIII (MLA):SMR-5 ------------------ 10102

Paco 145 CFR36' CFR200 ---rn&

39 CFR113 - -- - -- - - -- - -- - -

41 CFR

c~nlz96799682

9559

73 --------------------- 9315,

i a a

1005,1009 ---- ---... - - -1030 - - - - - - - - - - - - -

46 CFR530 .. .... ..-_ ---- -. .... ..--

47 CFR2

1-8 ---------------------------- 96834-2 ------------....------- 10083101-25 ------------------------- 9083105-60 ............ ........... 9564

42 CFR57 ---------------- ---- 10202PROPOSED RULES:

73 ----------------------- 9698 1P4 U*K

9974

9816

105a --- -- --- -- --- -- --- --

195---

50 CFR32.

43 CFR2

44 CFR

10243

Page

9569963496859687

10073

9650

1018110184

1007698169689

9690- - - -- - - - -- - - -- - - -

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS

........... ........._o Meseages to the Congress* Public speeches and letters9 The President's news conferences

-* Radio and television reports toO7 Tile UNITED STATES the American people

e Remarks to informal group

,, PUBLISHED BY

-1965 Office of the Federal RegisterNational Archives and Records

• .......... .. , lService

General Scrvices Administration

ORDER FROM

Superintendent of DocumentsU.S. Government Printing OfficeWashington, D.C. 20402

PRIOR VOLUMES

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Shower, Kennedy, and the first fullLyndon B. Johnson 5 year of President Johnson areavailable at comparable prices

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BOOK II (June 1-December 31, 1965) $6.25 Office, Washington, D.C. 20402.EACH

Federal Register: 32 Fed. Reg. 10149 (July 11, 1967). - Loc

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