FEDERAL REGISTER VOLUME 30 • NUMBER 169
Wednesday, September 1, 1965 • Washington, D.C. Pages 11201-11265
Agencies-in this issue—- The President Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Delaware River Basin Commission Engineers Corps Federal Aviation Agency Federal Maritime Commission Federal Power Commission Federal Register Administrative Committee Fish.and Wildlife Service Food and Drug Administration Interstate Commerce Commission Land Management Bureau Securities and Exchange Commission Treasury Department Detailed list of Contents appears inside. Announcing a New Statutory Citations Guide How to Find U.S. Statutes and U.S. Code Citations
This pamphlet contains typical legal refer them to make the search. Additional ence situations which require further citing. finding aids, some especially useful in Official published volumes in which the citing current material, also have been citations may be found are shown along included. Examples are furnished at per side each reference—with suggestions as tinent points and a list of reference titles, to the logical sequence to follow in using "with descriptions, is carried at the end.
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THE PRESIDENT ENGINEERS CORPS HEALTH, EDUCATION, AND Rules and Regulations WELFARE DEPARTMENT EXECUTIVE ORDER Danger zones and navigation; See Food and Drug Administra Incentive pay for hazardous duty; Chesapeake Bay, Md., and Oak tion. amendment______11205 land Harbor, Calif-______11209 INTERIOR DEPARTMENT FEDERAL AVIATION AGENCY EXECUTIVE AGENCIES See Fish and Wildlife Service; Rules and Regulations Land Management Bureau. AGRICULTURE DEPARTMENT Control zone, designation; and al See Commodity Credit Corpora teration of transition area___ 11209 INTERSTATE, COMMERCE tion; Consumer and Marketing Proposed Rule Making COMMISSION Service. . - • - Airworthiness directive; Fairchild ARMY DEPARTMENT Model F-27 Series airplanes__ 11227 Rules and Regulations Issuance of securities, assumption See Engineers Corps. FEDERAL MARITIME of obligations, and filing of cer CIVIL AERONAUTICS BOARD tificates and reports; miscel COMMISSION laneous amendments______11210 Proposed Rule Making Notices Notices Transportation of mail; sched ules. ______11227 Trans Pacific Freight Conference Motor cárrier: of Hong Kong; agreement filed Applications and certain other Notices for approval______11262 proceedings (2 documents)___11251, Service to Lake Tahoe, California, 11255 investigation; prehearing con Broker, water carrier and ference______;______11261 FEDERAL POWER COMMISSION freight forwarder applica CIVIL SERVICE COMMISSION Proposed Rule Making tions______11230 Rate schedules and tariffs; inter Intrastate applications.— ____ 11256 Rules and Regulations est on refunds of portion of in-? Temporary authority applica Excepted service; Small Business creased rates of independent tions______11256 Administration______11208 producers — ____ 11228 Transfer proceedings___ -_____ 11258 Retirement coverage; exclusions- 11209 Oilfield equipment, materials and Notices supplies to and between the Notices Hearings, etc.: Southwest; order______11260 Police private, District of Colum Bangor Hydro-Electric Co____ 11262 Vermont; drouth order amend bia Metropolitan Police Depart Idaho Power Co______11262 ment-—-— — ___ 11259 ment; manpower shortage____ 11261 Tennessee Gas Transmission Co-----|------___ 11263 COMMODITY CREDIT LAND MANAGEMENT BUREAU CORPORATION FEDERAL REGISTER Notices Rules and Regulations Idaho; proposed withdrawal and Wheat loan and purchase pro ADMINISTRATIVE COMMITTEE reservation of lands; addition-_ 11261 gram, 1965 crop; support rates- 11207 CFR Checklist______11207 CONSUMER AND MARKETING FISH AND WILDLIFE SERVICE SECURITIES AND EXCHANGE SERVICE COMMISSION Rules and Regulations Proposed Rule Making Hunting in wildlife refuge areas: Notices Milk in Delaware Valley market Hearings, etc.: ing area; hearing______11214 Big game; Cape Romain, S.C__ 11212 Migratory game birds; Aleutian Keystone Custodian Funds, Inc., CUSTOMS BUREAU Islands et al., Alaska^______11211 and Keystone Company of Boston______1______11263 Notices National Variable Annuity Com Vinyl asbestos floor tile from Can FOOD AND DRUG pany of Florida separate ac ada; withholding of appraise- count______—:______11264 ment notice______11260 ADMINISTRATION Rules and Regulations d efen se d e p a r t m e n t Food additives: TREASURY DEPARTMENT See Engineers Corps. Components of paper and pa See also Customs Bureau., perboard in contact with Notices DELAWARE RIVER BASIN aqueous and fatty foods____ 11208 COMMISSION Ronnel______11208 Dinitrosopentamethylenetetramine from Japan; intention to dis Notices Notices continue investigation______11260 Expenses and capital budgets and Union Carbide Corp.; establish Lighters from Japan; tentative comprehensive plan______11261 ment of temporary tolerance__ 11261 determination ____.'______11260 11203 11204 CONTENTS
List of CFR Parts Affected
(Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today*s issue. A cumulative list of parts affected, covering the current month to date appears at die end of each issue beginning with the second issue of the month. A cumulative guide is p u b l i s h e d separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1. 1965, and specifies how they are affected.
3 CFR 14 CFR 21 CFR Executive Orders: 71______11209 121 (2 documents) —------11208 11157 (amended by EO 11242)----- 11205 P roposed Rules: 11242______11205 39____ 11227 33 CFR 231____ 11227 204— ______11209 5 CFR 207— ______-______11209 213______¿'I____ 11208 18 CFR 831______11209 P roposed R ules: 49 CFR 154______^______- ___ 11228 51 ______t ______— 11210 7 CFR 56______— 11210 1421______-11207 50 CFR P roposed R ules: 1004______11214 32 (2 documents)______11211,11212
7 Presidential Documents
Title 3— THE PRESIDENT Executive Order 11242 AMENDING EXECUTIVE ORDER NO. 11157 1 AS IT RELATES TO INCENTIVE PAY FOR HAZARDOUS DUTY By virtue of the authority vested in me by sections 301 (a) and (f) of title 37, United States Code, and as President of the United States, it is ordered that Executive Order No."11157 of June 22,1964, be, and it is hereby, amended by adding to section 109 of Part I the following new subsection: “(f) The term ‘duty involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier5 shall be construed to mean duty performed by members who are designated for and ordered to such duty by competent authority from among the crew of an attack aircraft carrier, ah antisubmarine aircraft carrier, or an aviation unit operating from either such type of carrier, and who in any calendar month (1) participate in flight operations on the flight deck during a minimum of four days or (2) participate on the flight deck, in the minimum number of aircraft launches or recoveries, or both, that is prescribed by the Secretary of the Navy as the equivalent of participation under clause (1). No member shall be entitled, however, to receive the pay provided for in this subsection if, during any month or portion thereof, he is also eligible to receive incentive pay for other hazardous duty under the provisions of section 301 o f title 37, United States Code.” L yndon B. J ohnson T he W h ite H ouse, • — . August 28, 1965. [F.R. Doc. 65-9303; Filed, Aug. 30, 1965 ; 4:45 p.m.]
*29 F.R. 7973.
11205
Rules and Regulations
CFR Unit (as of Jan. 1,1965) — requirements of the 1965-crop wheat Title 1— GENERAL PROVISIONS 26—Continued Price loan and purchase program are hereby Chapter I— Administrative Committee 300-499 (Supp.) ______.___ $0. 50 amended as follows: 500-599 (Supp.)______. 30 Section 1421.2153(e) is amended to of the Federal Register 600-end (Supp.)______.40 adjust basic county support rates as CFR CHECKLIST 27 (Supp.) :______follows: . 30 28 (Rev.)______. 55 1965 Issuances 29 (Rev.)______3.00 § 1421.2153 Support rates. ♦ * * * * This checklist, prepared by the Office 30 (Rev.)______1.25 of the Federal Register, is published in 31 (Rev.)______1.50 . (e) Basic support rates (counties). 32 Parts: * * * $ * the first issue of each month. It is ar 1- 39 (Rev.)______.__ 2. 25 ranged in the order of CFR titles, and I daho shows the issuance date and price of 40-399 (Supp.) _____ .60 400-589 (Supp.)___ .___.___ .55 " Rate per bushel revised volumes and supplements of the 590-699 (Supp.)______. 70 County Code of Federal Regulations issued to 700-799 (Supp.)______,___ 1. 00 date during 1965. New units issued 800-999 (Rev.) ______1.25 From— To— during the month are announced on the 1000-1099 (R ev.)______1.75 inside cover of the daily F ederal R egis 1100-end (Supp.)______.75 Adams...... $1.13 $1.15 ter as they become available. 32A (Rev.)______1.00 Order from Superintendent of Docu 33-34 (Supp.)______.65 Illinois ments, Government Printing Office, 35 (Supp.)______. 40 36 (Supp.)______.50 Bond______$1.32 $1.35 Washington, D.C., 20402. Calhoun______1.32 1.35 37 (Supp.)_____ :______.40 Clinton______1.32 1.34 CFR Unit (as of Jan. 1,1965): Price 38 (Rev.)______2. 50 Fayette______.... 1.32 1.33 3 1964 Supp______$1.00 Franklin______... 1.32 1.35 5 (Supp.)______39 (Supp.)______1.25 Greene...... 1.32 1.36 .50 41 Chapters: Jackson______1.32 1.35 6 (Rev.)______1.00 Jefferson______1.32 1.35 7 Parts: 1 (Rev.)______;______2.00 Jersey...... 1:32 1.36 2- 4 (Rev.)______:_____ .70 Macoupin...... 1.32 1.35 1-50 (Supp.)______1.00 5-17 (Rev.)______. Madison...... 1.32 1.36 51-52 (Supp.)______1.00 2 00 Marion...... 1.32 1.35 18-100 (Rev.)______2. 25 Monroe______1.32 1.35 53-209 (Supp.)______1.00 101-end (Rev.) ______1.25 Montgomery______1.32 1.35 210-399 (Supp.)______.65 Perry!______1.32 1.36 400-899 (Rev.)...... ____ 42 (Supp.)------1.00 Randolph______. 1.32 1.35 3.00 43 (Rev.) __;-----______2.50 St. Clair...... 1.32 1.35 900-944 (Rev.)______1.00 Scott______1.32 1.34 945-980 (Rev.)______44 (Supp.) ______. 35 Shelby...... 1.32 1.33 .65 45 (Supp.)------l. 00 Union...... 1.32 1.33 981-999 (Rev.) ______.55 46 Parts: Washington______1.32 1 35 1000-1029 (Rev.)______1.00 1-145 (Supp.)______. 50 Williamson______1.32 1.34 1030-1059 (Rev.)______1. 00 146-149 (Rev.)______2. 75 1060-1089 (Rev.)______1.00 Supp, as of July 1, 1965_____ . 30 M issouri 1090-1119 (Rev.)______, 70 150-199 (Rev.)______1.25 1120-1199 (Rev.)______1.00 200-end (Rev.)______l. 75 Audrain______$1.32 $1.34 1200-end (Rev.) ______2.00 1.32 1.33 47 Parts: 1.32 1.34 8 (ReV.)______;______.75 0-19 (Rev.) ______1.00 Franklin______1.32 1.36 9 (Rev.)__ 2______1.25 Gasconade...... 1.32 1.35 10-11 (Supp.)______20-69 (Rev.)______1.50 Iron______... 1 32 1.33 .50 70- 79 (Rev.)______;____ l. 00 Jefferson______.. 1.32 1.36 12 (Supp.)______.65 Lincoln__ ....______1.32 1.36 13 (Supp.) ______80-end (Rev.)______1.50 Madison______1.32 1.33 .50 48 (Rev.)______.45 Maries______1.32 1.35 14 Parts: 49 Parts: Montgomery______1.32 1.35 1-39 (Rev.)______1.25 Osage!__ 1______1.32 1.33 0-70 (Supp.)__.-______. 40 Perry...______1.32 1.33 40-199 (Rev.)______1. 25 71- 90 (Rev.) __ 2. 00 Pike.______1.32 1.34 200-1199 (Rev.)______1.25 St. Charles______1.32 1.37 1200-end (Rev.)______91-164 (Supp.)______. 60 St. Francois...... 1.32 1.34 .35 165-end (Supp.)______.40 St. Louis...... 1 32 1.37 15 (Rev.)______1.25 Ste. Genevieve______1.32 1.35 16 (Supp.)______50 (Supp.)______. 60 Warren...... 1.32 1.00 General Index (Rev.)______!-__ .60 Washington______1.37 17 (Supp.) ______.50 1.32 1.35 18 (Supp.)______.70 19 (Rev.)______1.75 T ennessee 20 (Rev:)-__ 1.75 Title 7— AGRICULTURE 21 Parts: Sullivan...... $1.45 $1.42 1-129 (Rev.)______1.75 Chapter XIV— Commodity Credit Cor 130-end (Rev.) ______2.25 poration, Department of Agriculture (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.G. 22 (Rev.)______714b. Interpret or apply sec. 5, 62 Stat. 1.00 SUBCHAPTER B— LOANS, PURCHASES, AND 23 (Rev.) ______.25 1072, secs. 107, 401, 63 Stat. 1051, 1054; 15 24 (Rev.) OTHER OPERATIONS U.S.C. 714c, 7 Ü.S.C. 1441, 1421) 1.25 [CCC Grain Price Support Regs., 1965-Crop 25 (Supp.)______~ .70 Wheat Supp., Amdt. 1] Effective date: Upon publication in the 26 Parts: F ederal R egister. 1 (§§ 1.01-1.400) (Supp.) ___ 1.00 PART 1421— GRAINS AND SIMILARLY 1 (§§ 1.401-1.860) (Supp.)_ 1.25 HANDLED COMMODITIES Signed at Washington, D.C., on Au 1 (§§ 1.861-end) to Part 19 gust 26,1965. (Supp.)______1.50 Subpart— 1965 Crop Wheat Loan and H. D. G odfrey, 20-29 (Supp.) ______. .40 Purchase Program Executive Vice President, 30-39 (Supp.)______.50 The regulations issued by the Com Commodity Credit Corporation. 40-169 (Supp.)______1. 00 modity Credit Corporation published in 170-299 (Supp.)______[F.R. Doc. 85-9223; Filed, Aug. 81, 1965; .75 30 F.R. 7475, and containing the specific 8:45 a.m.] 11207 11208 RULES AND REGULATIONS material, has concluded that the food (b) * * * Title 21— FOOD AND DRUGS additive regulations should be amended (2) * * * to provide for the safe use of ronnel in Chapter I— Food and Drug Adminis beef cattle feed as an aid in the control List of substances limitations tration, Department of Health, Edu of cattle liee and to provide for editorial, cation, and Welfare changes in the affected regulation. * * * • * * Therefore, pursuant to the provisions of Styrene-butadiene copolymers SUBCHAPTER B— FOOD AND FOOD PRODUCTS containing not more than 10 the Federal Food, Drug, and Cosmetic weight percent of polymer units PART 121— FOOD ADDITIVES Act (sec. 409(c)(1), 72 Stat. 1786; 21 derived by copolymerization UJ3.C. 348(c)(1)), and under the au with one or more of the follow Subpart C— Food Additives Permitted thority delegated to the Commissioner ing monomers:* * * in Feed and Drinking Water of An 2-Hydroxyethyl acrylate------For use in coat- by the Secretary of Health, Education, ings intended for imals or for the Treatment of Food- and Welfare (21 CFR 2.90) § 121.209 is use in contact with food only Producing Animals amended by changing the “Limitations” of the types and “Indications for use” columns in the identified in R onnel paragraph (c) of table in paragraph (a) to read as fol this-section, The Commissioner of Pood and Drugs, lows: table 1, under having evaluated the data submitted in types VII, Vin, § 121.209 Ronnel. and IX. a petition (PAP 4D1424) filed by Dow ♦ * * * * * Chemical Co., Post Office Box 512, Mid ***** (a) * * * land, Mich., 48641, and other relevant Any person who will be adversely af fected by the foregoing order may at any Quantity Limitations Indications for use time within 30 days from the date of its publication in the F ederal R egister file Percent in feed with thé Hearing Clerk, Department of 1. In feed concentrate: concentrate a. * * *...... * * • For beef cattle and dairy heifers: Feed Control of grubs. Health, Education, and Welfare, Room concentrate 0.3 lb. per 100 lb. of animal 5440, 330 Independence Avenue SW„ weight per day for 14 days; withdraw from dairy heifers 28 days before calving; Washington, D.C., 20201, written objec withdraw 28 days prior to slaughter; not tions thereto, preferably in quintuplicate. to be fed to dairy cows. Objections shall show wherein the person b. * * *...... » * * For beef cattle and dairy heifers: Feed Control of grubs; aid concentrate 0.3 lb. per 100 lb. of animal in the control of filing will be adversely affected by the weight per day for 7 days; withdraw cattle lice, when the from dairy heifers 60 days before calving; drug is used for order and specify with particularity the withdraw 60 days prior to slaughter; not cattle grub control. provisions of the order deemed objection to be fed to dairy cows. able and the grounds for the objections. Percent in block or granular concentrate If a hearing is requested, the objections 2. In mineral concen * * * For beef cattle and dairy heifers: Feed Control of grubs and must state the issues for the hearing. A trate. block or granular concentrate 0.25 lb. per horn flies. 100 lb. of animal weight per month for hearing will be granted if the objections not less than 75 days; withdraw from are supported by grounds legally suffi dairy heifers 21 days before calving; withdraw 21 days prior to slaughter; not cient to justify the relief sought. Ob to be fed to dairy cows. jections may be accompanied by a memo randum or brief in support thereof. Any person who will be adversely PART 121— FOOD ADDITIVES Effective date. This order shall be affected by the foregoing order may at effective on the date of its publication in any time within 30 days from the date Subpart F— Food Additives Resulting the F ederal R egister. From Contact With Containers of its publication in the F ederal Regis or (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 ter file with the Hearing Clerk, Depart Equipment and Food A dditives (c)(1)) ment of Health, Education, and Wel Otherwise Affecting Food fare, Room 5440, 330 Independence Ave Dated: August 20, 1965. Components op P aper and P aperboard in nue SW., Washington, D.C., 20201, J. K. K irk, written objections thereto, preferably in Contact W ith Aqueous and F atty F oods Assistant Commissioner quintuplicate. Objections shall show The Commissioner of Food and Drugs, for Operations. wherein thè person filing will be ad having evaluated the data in a petition [F.R. Doc. 65-9208; Filed, Aug. 31, 1965; versely affected by the order and specify (FAP 5B1769) filed by The Dow Chemical 8:45 a.m.] with particularity the provisions of the Co., Post Office Box 467, Midland, Mich., order deemed objectionable and the 48641, and other relevant material, has grounds for the objections. If a hear concluded that § 121.2526 should be ing is requested, the objections must amended to provide for the use of an state the issues for the hearing. A additional substance in coatings for Title 5— ADMINISTRATIVE hearing will be granted if the objections paper and paperboard intended for use are supported by grounds legally suffi in contact with food. Therefore, pursu PERSONNEL cient to justify the relief sought. Ob ant to the provisions of the Federal Food, Chapter I— Civil Service Commission jections may be accompanied by a mem Drug, and Cosmetic Act (sec. 409(c) (1), orandum or brief in support thereof. 72 Stat. 1786; 21 U.S.C. 348(c) (D ), and PART 213—■EXCEPTED SERVICE under the authority delegated to the Effective date. Hxis order shall be Commissioner by the Secretary of Health, Small Business Administration effective on the date of its publication Education, and Welfare (21 CFR 2.90), in the F ederal R egister. § 121.2526(b) (2) is amended by inserting Section 213.3332 is amended to show (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. alphabetically in the list of monomers the exception under Schedule C of the 348(c)(1)) under the item “styrene-butadiene co positions of Assistant Deputy Adminis polymers * * *” a new monomer as trator for Procurement and Manage Dated: August 25, 1965. follows: ment Assistance, and Director, Office of G eo. P. Larrick, § 121.2526 Components of paper and Procurement Assistance. Effective on Commissioner of Food and Drugs. paperboard in contact with aqueous publication in the F ederal Register, [F.R. Doc. 65-9206; Filed, Aug. 31, 1965; and fatty foods. paragraphs (ee) and (ff) are added to 8:45a.m.l ***** § 213.3332 as set out below. Wednesday, September 1, 1965 FEDERAL REGISTER 11209 § 213.3332 Small Business Administra that the Federal Aviation Agency pro (Sec. 307(a), Federal Aviation Act of 1958; tion. posed to alter controlled airspace in the 49 U.S.C. 1348) * * * * * Manitowoc, Wis., terminal area. Issued in Kansas City, Mo., on August (ee) Assistant Deputy Administrator Interested persons were afforded an 17,1965. for Procurement and Management As opportunity to participate in the rule Edward C. Marsh, sistance. making through submission of com Director, Central Region. ments. Due consideration was given to (ff) Director, Office of Procurement [F.R. Doc. 65-9226; Filed, Aug. 31, 1965; Assistance. all relevant matter presented. The Air Transport Association endorsed the pro 8:45 a.m.] (R.S. 1753, sec. 2, 22 Stat. 403, as amended; posed airspace designation.-- An objec 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 tion was received from the Soaring Soci CFR, 1954-1958 Comp., p. 218) ety of America, Inc., regarding the pro Title 33— NAVIGATION AND U nited S tates Civil Serv posed control zone, the gist of which ice Commission, indicates insufficient traffic for the des NAVIGABLE WATERS [seal] Mary V. W enzel, ignation of a control zone, the lack of Executive Assistant to local control of air traffic, and that the Chapter II— Corps of Engineers, the Commissioners. weather reporting will favor North Department of the Army [F.R. Doc. 65-9241; Filed, Aug. 31, 1965; Central Airlines. 8:46 a.m.] The Federal Aviation Agency has de PART 204— DANGER ZONE termined that the Manitowoc, Wis., REGULATIONS Municipal Airport meets the established PART 831— RETIREMENT criteria for the designation of a control PART 207— NAVIGATION Exclusions From Retirement Coverage zone. IFR traffic in the control zone will REGULATIONS be controlled by the Chicago Air Route Section 831.201 is amended to exclude Traffic Control Center, through the Chesapeake Bay, Md., and certain aliens employed in foreign coun Green Bay, Wis., Flight Service Station, Oakland Harbor, Calif. tries from coverage under the Retire which has radio communications capa 1. Pursuant to the provisions of sec ment Act. Effective October 1, 1965, bility down to and including the surface tion 7 of the River and Harbor Act of paragraph (b) of § 831.201 is amended of the Manitowoc, Wis., Municipal Air August 8,1917 (40 Stat. 266; 33 U.S.C. 1), as set out below. port. Weather observations will be made and chapter XIX of the Army Appro § 831.201 Exclusions from retirement by duly certificated personnel of North priations Act of July 9,1918 (40 Stat. 892; coverage. Central Airlines, in accordance with the 33 U.S.C. 3), paragraphs (b)-(m) of * * * * * U.S. Weather Bureau regulations, and § 204.30 are hereby amended in their en (b) Paragraph (a) of this section doeswill be available through the U.S. tirety governing the use and navigation not deny retirement coverage when (1) Weather Bureau and included on the of a danger zone in Chesapeake Bay at employment in an excluded category FAA Service “A” teletype system hourly Aberdeen Proving Ground, Md., effective follows employment subject to the Civil reports. Pilots can obtain the Mani 30 days after publication in the F ederal towoc weather by radio from the Green R eg ister , as follows: Service Retirement Act without a break Bay Flight Service Station. Initially, in service or after a separation from weather service will be provided from § 204.30 Chesapeake Bay; U.S. Army service of three days or less, except in 0830 to 1830 hours, local time daily, and Proving Ground Reservation, Aber the case of an alien employee whose duty the control zone will be effective during deen, Md. station is located in a foreign country, these hours. Normally 30 days advance 4c * $ * * (2) the employee is granted competitive notice will be given for any change in the (b) Authority delegated Commanding status under legislation, Executive order, effective times for the control zone. The Officer. Under authority delegated by or the civil service rules and regulations, hours of operation of the control zone the Secretary of the Army to the Com while he is serving in a position in the will be designated by a Notice to Airmen manding Officer, Aberdeen Proving competitive service, or (3) the employee and continuously published in the Air Ground, to designate from time to time, is granted merit status under Chapter n man’s Information Manual. by suitably posted bulletins, the condi of this title, Employment and Compensa In consideration of the foregoing, Part tions under which the public, including tion in the Canal Zone. 71 of the Federal Aviation Regulations is food fishermen and crabbers may enter * * * * * amended, effective 0001 e.s.t., December the waters of the Restricted Area, Aber (Sec. 16, 70 Stat. 758; 5 U.S.C. 2266) 9, 1965, deen Proving Ground, the following U nited S tates Civil Serv (1) In § 71.171 (29 F.R. 17581) the fol regulations are published. ice Commission, lowing control zone is added: (c) Penalty. All persons who enter the restricted waters, except as author [seal] Mary V. Wenzel, Manitowoc, W is . Executive Assistant to ized in this section, without the authority the Commissioners. Within a 5-mile radius of Manitowoc, Wis., of the Commanding Officer, Aberdeen Municipal Airport (latitude 44°07'30" N„ Proving Ground, Md., are under the [F.R. Doc. 65-9242; Filed, Aug. 31, 1965; longitude 87°40'45" W.), within 2 miles each terms of the information given above, 8:46 a.m.] side of the Manitowoc VOR 343° radial ex tending from the 5-mil£ radius zone to 8 guilty of a misdemeanor and upon con miles north of the VOR, and within 2 miles viction thereon are punishable by a fine each side of the Manitowoc VOR 176° radial not exceeding $500.00 or by imprisonment extending from the 5-mile radius zone to 8 not exceeding 6 months. Title 14— AERONAUTICS AND miles south of the VOR. This control zone (d) Entrance into restricted waters by shall be effective during the times established the public over weekends and on Na by Notice to Airmen and continuously pub tional holidays. Except as qualified in SPACE lished in the Airman’s Information Manual. Chapter I— Federal Aviation Agency this paragraph, the waters included in (2) In § 71.181 (29 F.R. 17643) the Aberdeen Proving Ground Reservation [Airspace Docket No. 65-CE-59] Manitowoc, Wis., transition area is are open throughput the year to the amended to read: public for fishing, crabbing, and traffic PART 71— DESIGNATION OF FEDERAL but not for hunting from 5:00 p.m., Fri AIRWAYS, CONTROLLED AIRSPACE, Manitowoc, W is . days to 7:30 a.m., Mondays and on and r ep o r t in g po in ts That airspace extending upward from 700 National (not State) holidays from 5:00 feet above the surface within 8 miles west p.m., on the day preceding the holiday Designation of Control Zone and and 5 miles east of the Manitowoc VOR 343° to 7:30 a.m., on the day following the Alteration of Transition Area and 163° radials extending from 2 miles south to 13 miles north of the VOR, and holiday. Tn a notice of proposed rule making within 8 miles west and 5 miles east of the (e) Entrance at night into restricted Published in the F ederal R egister on Manitowoc VOR 176° radial extending from waters by the public between the dates of May 21,1965 (30 F.R. 6922), it was stated the VOR to 12 miles south of the VOR. February 1st and June 15th. Between No. 169----- 2 11210 RULES AND REGULATIONS fixed net for the purpose of this para [Begs., Aug. 16, 1965, 1507-32 (Chesapeake the dates of February 1st and June 15th, Bay, Md.)—ENGCW—ON] (40 Stat. 266, 892; both dates inclusive, the waters included graph is defined as a pound net, staked 33 U.6.C. 1,3) in Aberdeen Proving Ground Reserva gill net, hedge fike net, hoop net, eel pot, tion are open to the public for fishing, crab pot, and all other types of nets 2. Pursuant to the provisions of sec crabbing, and other traffic but not hunt fastened by means of poles, stakes, tion 7 of the River and Harbor Act of ing from 5:00 p.m., to 7:30 a.m., except weights, or anchors. Permits to fish and August 8,1917 (40 Stat. 266; 33 U.S.C. 1), on Tuesdays and Thursdays, which are crab within the restricted waters of § 207.640 is hereby amended revoking reserved for night firing over water. If, Aberdeen Proving Ground may be ob paragraph (g) (2) governing the use and however, there is to be night firing over tained by written application to the navigation of an entrance channel to the water on Tuesdays or Thursdays, a siren Commanding Officer, Department of the Naval Supply Center, Oakland Harbor, located at Mulberry Point will be sounded Army, Aberdeen Proving Ground, Atten Calif., effective 30 days after publication at 4:35 p.m. During the hours of dark tion: Provost Marshal Division, Aber in the F ederal R egister, as follows: ness, flashing red lights will be displayed deen Proving Ground, Md. Applicants § 207.640 San Francisco Bay, San at B-Tower, Mulberry Point; Meeks for permits must state the location at Pablo Bay, Carquinez Strait, Suisun Point; Worton Point: Robbins Point; which they desire to set fixed nets and Bay, San Joaquin River, and Con C-Tower (near Pond Point), and when state the period of time for which they necting Waters,Calif. Gunpowder River is endangered a flash desire the permit to cover. Nets placed ***** ing red light will be displayed at Maxwell in the restricted waters are subject to Point. In addition, patrol boats will be damage by gunfire and bombing, and the (g) Oakland Harbor in vicinity of stationed at various locations during the risk of such damage will be assumed by Naval Supply Center, Oakland; naviga firing program. Local radio stations will the holder of the permit. tion. * * * also broadcast notification to fishermen, Holders of permits for setting fixed nets (2) tRevokedl crabbers, and others that entrance to the must comply with the provisions of this * * * * * restricted waters of Aberdeen Proving part and also with § 206.50(d). [Regs., Aug. 6, 1965, 1507-32 (Oakland Har Ground on those evenings is prohibited. (i) Identification signs required at bor, Oallf.) —ENGCW-ON] (sec. 7, 40 Stat. 266; (f) Entrance at night into restricted each location of fixed nets. Fishermen 33 U.S.C. 1) waters by the public between dates of and crabbers who have been granted J. C. Lambert, January 1st and January 31st and be permits to fish or crab within the re Major General, U.S. Army, tween dates of June 16th and December stricted waters of Aberdeen Proving The Adjutant General. 31st provided night firing over water is Ground Reservation with fixed nets must [F.R. Doc. 65-9236; FUed, Aug. 31, 1965; not to be conducted. Between the dates at each location have a stake securely 8:46 a.m.] of January 1st and January 31st, both driven at the outer end of the line of nets dates inclusive, and between the dates on which is mounted a sign board which of June 16th and December 31st, both contains their name and permit number. dates inclusive, firing may be conducted All stakes set within the restricted area Title 49— TRANSPORTATION on any right except Saturday. How established by this regulation will project ever, on dates in which night firing is Chapter I— Interstate Commerce at least three (3) feet above the surface Commission not to be conducted, that portion of the of the water at all ordinary high stages waters of the Chesapeake Bay, Gun of the tide. Nets and other fishing and SUBCHAPTER A^-GENERAL RULES AND powder River, and Bush River which are crabbing structures erected will be REGULATIONS included in Aberdeen Proving Ground marked by stakes set at intervals not PART 51— GENERAL REQUIREMENTS Reservation are open to the public for greater than fifty (50) feet. Fishing and fishing, crabbing, and other traffic but crabbing structures erected in Aberdeen PART 56—-ISSUANCE OF SECURITIES, not for hunting from 5:00 p.m., to 7:30 Proving Ground waters will be plainly a.m. If firing is to be conducted on any ASSUMPTION OF OBLIGATIONS, marked on both ends, and will be lighted AND FILING OF CERTIFICATES AND night during these periods, a siren lo with a white light between sunset and cated at Mulberry Point will be sounded sunrise, by and at the expense of the REPORTS at 4:35 p.m., and during the hours of •owner. Miscellaneous Amendments darkness, flashing red lights will be dis (j) Removal of pound net poles and played at B-Tower, Mulberry Point; or stakes. At the end of the fishing and At a session of the Interstate Com Meeks Point; Worton Point; Robbins crabbing season, fishermen and crabbers merce Commission, Division 3, held at its Point; C-Tower (near Pond Point), and must remove and haul away from the lo office in Washington, D.C., on the 19th when Gunpowder River is endangered a cation all pound nets, pots, poles, or day of August AJD. 1965. flashing red light will be displayed at stakes used in their operation.. Pound The matter of applications, designated Maxwell Point. In addition, patrol net poles or stakes must not be cast adrift Forms BF-6 and BF-7, under sections boats will be stationed at various loca after removal. 20a and 214 of the Interstate Commerce tions during the firing program. Local (k) Restrictions on fishermen and Act for authority to issue securities or. radio stations will also broadcast notifi crabbers. It must be distinctly under to assume obligation or liability in re cation to fishermen, crabbers, and others stood that holders of permits to fish or spect of the securities of others, and that entrance to the restricted waters of crab are not authorized to enter the re report, designated Form BF-23, of se Aberdeen Proving Ground on that date stricted waters of Aberdeen Proving curities issued or obligations assumed is prohibited. Ground Reservation outside the hours (49 CFR Part 56), prescribed by order N o te: Daylight saving time, when ob aforementioned. In addition, the privi entered May 20, 1964 (29 F.R. 11127), served in local communities, will also prevail leges granted in this paragraph include and rules and regulations governing the at Aberdeen Proving Ground. no right to land nor to cut or procure filing and handling of applications and (g) No limitations on dates night fir pound net poles or stakes on the Aber reports (49 CFR Part 51), prescribed by ing may be conducted over land. The deen Proving Ground Reservation. order also entered May 20, 1964 (29 F-R- foregoing provisions and limitations on (l) Fishing and crabbing with any 11126), being under further considera night firing over water in no way re type of net prohibited in all creeks. tion, and the changes to be effectuated stricts night firing over land which may Fishing and crabbing with any type of by this order being minor procedural be conducted on any night of a working net is prohibited in all creeks of the Aber changes not requiring rule-making pro day throughout the year. deen Proving Ground Reservation. cedure under section 4(a) of the Admin- (h) Permits required from the Com (m) Compliance with Federal, State istrative Procedure Act, 5 U.S.C. 1003 manding Officer to set fixed nets in re and county laws required. The taking of (a ); and good cause appearing therefor: stricted waters. Fishermen and crabbers fish and crabs in the waters of. Aberdeen desiring to set fixed nets within the re Proving Ground Reservation and the set It is ordered, That the certificates of stricted waters of Aberdeen Proving ting of and location of nets, in a manner service of application Forms BF-6 and Ground Reservation are required in every not in compliance with Federal, State and BF-7 and the schedule and general in instance to have a written permit. A county laws is prohibited. structions for report Form BF-23 be, Wednesday, September 1, 1965 FEDERAL REGISTER 11211 and they are hereby, revised as set forth It is further ordered, That notice of Part 32, and in the -current Federal in the appendix hereto.1 this order shall be given to the general Migratory Bird Regulations. § 51.8 [Revoked] public by depositing a copy in the Office <2) A Federal permit is not required of the Secretary of the Commission and to enter the public hunting area. It is further ordered, That § 51.8 No by filing a copy with the Director, Office (3) The provisions of this special tice to interested persons be, and it is of the Federal Register. regulation are effective to January 16, hereby, revoked. 1966. It is further ordered, That §56.3 be, (Secs. 12, 17, 24 Stat. 383, as amended., 385, as amended; sec. 20a, 41 Stat. 494, as amended; ARCTIC NATIONAL WILDLIFE RANGE and it is hereby, amended to read as fol secs. 204, 205, 214, 49 Stat. 546, as amended, lows: 548, as amended, 557, as amended; 49 U.S.C. Public hunting of migratory game § 56.3 Procedure; applications, certifi 12, 17, 20a, 304, 305, and 314) birds is permitted -on «11 lands within cates, and reports. * By the Commission, Division 3. the Arctic National Wildlife Range. A map of the area is available from the (a) The application shall be filed [seal] H. N eil Garson, Regional Director, Bureau of Sport sufficiently in advance of the date of the Secretary. proposed issue or assumption to give the Fisheries and Wildlife, 1002 Northeast Commission reasonable time, not less [F.R. Doc. 65-9246; Filed, Aug. 31, 1965; Holladay Street, Portland, Greg., 97208. 8:48 a.m.] Hunting shall be in accordance with all than 30 days, for the notices and investi applicable State regulations subject to gation required by law. the following conditions:
T7HT.MRF.K NATIONAL WILDLIFE RANGE the Regional Director, Bureau of Sport § 32.22 Special regulations; upland Fisheries and Wildlife, 1002 Northeast game; for individual wildlife refuge Public hunting of migratory game birds Holladay Street, Portland, Oreg., 97208. areas. is permitted on all lands within the Hunting shall be in accordance with all S o u t h Carolina Izembek National Wildlife Range. A applicable State regulations subject to map of the area is available at the the following conditions. CAPE ROMAIN NATIONAL WILDLIFE REFUGE refuge headquarters, Cold Bay, Alaska, (a) Species permitted to be taken: Public hunting of Fox squirrels, rac and from the Regional Director, Bureau Wilson’s snipe, brant, ducks, and geese. of Sport Fisheries and Wildlife, 1002 coons, and wild turkey gobblers (with (b) Open season: visible beards only) on the Bulls Island Northeast Holladay Street, Portland, (1) Wilson’s snipe—from one-half Oreg., 97208. Hunting shall be in ac unit of Cape Romain National Wildlife hour before sunrise to sunset, September Refuge, S.C., is permitted only on the cordance with all applicable State regu 1 through October 31,1965. lations subject to the following area designated by signs as open to hunt (2) Ducks, geese, and brant—from ing. This open area, comprising 2,495 conditions: one-half hour before sunrise to sunset, acres, is delineated on a map available (a) Species permitted to be taken: September 1 through December 14, 1965. Wilson’s snipe, brant, ducks, and geese. at the refuge headquarters and from the (c) Other provisions: Regional Director, Bureau of Sport (b) Open season: (1) The provisions of this special reg Fisheries and Wildlife, 809 Peachtree- (1) Wilson’s snipe—from one-half ulation supplement the regulations which hour before sunrise to sunset, September Seventh Building, Atlanta, Ga., 30323. govern hunting on wildlife refuge areas Hunting shall be in accordance with all 1 through October 31,1965. generally which are set forth in Title 50, (2) Ducks, geese, and brant—from applicable State regulations governing Code of Federal Regulations, Part 32, and the hunting of squirrels, raccoons, and one-half hour before sunrise to sunset in the current Federal Migratory Bird September 1 through December 14,1965. wild turkey subject to the following Regulations. conditions: (c) Other provisions: (2) A Federal permit is not required to (a) The open season for hunting Fox (1) The provisions of this special enter the public hunting area. squirrels, raccoons, and wild turkey gob regulation supplement the regulations (3) The provisions of this special reg which govern hunting on wildlife refuge blers (with visible beards only) on the ulation are effective to December 15, refuge extends from December 6 through areas generally which are set forth , in 1965. Title 50, Code of Federal Regulations, December 15, 1965 (Sunday, December NTTNIVAK NATIONAL WILDLIFE REFUGE 12, excluded). Daylight hours only. Part 32, and in the current Federal Mi (b) Bow and arrows permitted. Fire gratory Bird Regulations. Public hunting of migratory game arms, crossbows, and mechanical bows J.2) A Federal permit is not required birds is permitted on all of the 1 ands are prohibited. Baiting is prohibited. to enter the public hunting area. within the Nunivak National Wildlife (c) Stand hunting only is permitted (3) The provisions of this special regu Refuge. A map of the area is available on the area north of the beach road from lation are effective to December 15,1965. from the Regional Director, Bureau of sunrise to 8:30 a.m., and from 3:30 p.m. KENAI NATIONAL MOOSE RANGE Sport Fisheries and Wildlife, 1002 North until sunset. Stalk hunting is permitte'd east Halladay Street, Portland, Oreg., between the hours of 8:30 a.m., until Public hunting of migratory game 97208. Hunting shall be in accordance 3:30 p.m. on this area. Stalk hunting birds is permitted on all the lands within with all applicable State regulations sub the Kenai National Moose Range. A is permitted at all times on the area ject to the following conditions: south of the beach road. map of the area is available at the refuge (a) Species permitted to be taken: (e) One dog per hunting party may be headquarters, Kenai, Alaska, and from Wilson’s snipe, brant, little brown crane, the Regional Director, Bureau of Sport used'to track woundecjl game. Dogs must ducks, and geese. be on leash at all tirries. Fisheries and Wildlife, 1002 Northeast (b) Open season: (f) Camping is permitted at the des Holladay Street, Portland, Oreg., 97208. (1) Wilson’s snipe—from one-half ignated camping area only. All fires Hunting shall be in accordance with all hour before sunrise to sunset, September must be confined to the camp area. applicable State regulations subject to 1 through October 31, 1965.. (g) Hunters must check in with refuge the following conditions: (2) Ducks, geese, and brant—From personnel upon arrival and check out (a) Species permitted to be taken: one-half hour before sunrise to sunset, upon departure from Bulls Island. Wilson’s snipe, brant, little brown crane, September 1 through December 14, 1965. (h) Individuals under 16 years of age ducks, and geese. (3) Little brown crane—from one-half participating must be accompanied by a (b) Open season: hour before sunrise to sunset, during the responsible adult. (1) Wilson’s snipe—from one-half period September 1 through October 15, (i) A Federal permit is required to en hour before sunrise to sunset, September 1965. ter the public hunting area. It may be 1 through October 31, 1965. (c) Other provisions: (2) Ducks, geese, and brant—from obtained from the refuge officer at the (1) The provisions of this special reg site of the hunt. one-half hour before sunrise to sunset, ulation supplement the regulations which The provisions of this special regula September 1 through December 14, 1965. govern hunting on wildlife refuge areas tion supplement the regulations which (3) Little brown crane—-from one-half generally which are set forth in Title 50, govern hunting on wildlife refuge areas hour before sunrise to sunset, September Code of Federal Regulations, Part 32, generally which are set forth in Title 50, 1 through October 15,1965. and in the current Federal Migratory Code of Federal Regulations, Part 32, (c) Other provisions: Bird Regulations. and are effective through December 15, (1) The provisions of this special reg (2) A Federal permit is not required to ulation supplement the regulations which enter the public hunting area. 1965. govern hunting on wildlife refuge .areas (3) The provisions of this special reg §32.32 Special regulations; big game; generally which are set forth in Title 50, ulation are effective to December 15,1965. for individual wildlife refuge areas. Code of Federal Regulations, Part 32, and Paul T. Quick, S o u th C arolina in the current Federal Migratory Bird Regional Director. Regulations. CAPE ROMAIN NATIONAL WILDLIFE REFDGE (2) A Federal permit is not required August 20, 1965. to enter the public hunting area. [F.R. Doc. 65-9238; Filed, Aug. 31, 1965; Public hunting of white-tail deer on (3) The provisions of this special reg 8:46 a.m.] the Bulls Island unit of Cape Romain ulation are effective to December 15, National Wildlife Refuge, S.C., is Re*" 1965. mitted only on the area designated ny PART 32— HUNTNG signs as open to hunting. This ope KODIAK NATIONAL WILDLIFE REFUGE area, comprising 2,495 acres, is delineate Cape Romain National Wildlife on a map available at the refuge head Public hunting of migratory game Refuge, S.C. birds is permitted on all the lands within quarters and from the Regional Direct® • the Kodiak National Wildlife Refuge. A The following special regulations are Bureau of Sport Fisheries and Wildhje, issued and are effective on date of pub 809 Peachtree-Seventh Building, Atlanta, map of the area is available at the refuge Ga., 30323. Hunting shall be in accord- headquarters, Kodiak, Alaska, and from lication in the F ederal R eg ister. September 1, 1965 FEDERAL REGISTER ance with all applicable State regulations governing the hunting of deer subject to the following conditions: (a) The open season for hunting white-tail deer (either sex) on the refuge extends from. December 6 through De cember 15, 1965 (Sunday, December 12, excluded). Daylight hours only. (b) Bow and arrows permitted. Fire arms, crossbows, and mechanical bows are prohibited. (c) One dog per hunting party may be used to track down wounded game only. Dogs must be on leash at all time. (d) Camping is permitted in the desig nated camping area only, and all iires must be confined to that area. (e) Hunters must check in with refuge personnel upon arrival and check out upon departure from Bulls Island. (f) Individuals under 16 years of age participating must be accompanied by a responsible adult. (g) A Federal permit is required to enter the public hunting area. It may be obtained without cost from the refuge officer at the site of the hunt. The provisions of this special regula tion supplement the regulations which govern hunting on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 32, and are effective through December 15, 1965. W alter A. Gresh, Regional Director, Bureau of Sport Fisheries and Wildlife. August 16,1965. [F.R. Doc. 65-9239; Filed, Aug. 31, 1965; 8:46 a.m.] received or receipts of milk are concerned Violation op Order DEPARTMENT OF AGRICULTURE under §§ 1004.30-1004.33,1004.40-1004.47, § 1004.90 Handler’s agents. Consumer and Marketing Service 1004.50-1004.52,1004.70-1004.71,1004.80- 1004.86. An officer, agent, broker or employee 17 CFR Part 1004 1 of a handler shall be deemed to be en Proposal No. 4. Add a new §1004.19 to gaged in the handling of milk and to be [Docket No. AO 160-A29] read as follows: a handler with respect to any alleged MILK IN DELAWARE VALLEY § 1004.19 Payment. violation of this part. MARKETING AREA “Payment” means payment in cash, § 1004.91 Devices for underpayment which includes a check supported by prohibited. Notice of H earing on Proposed funds, and neither a check unsupported Amendments to Tentative Market No handler, officer, agent, broker, or by funds, nor a draft, promissory note employee therefor, knowingly or un ing Agreement and Order or bond, payable on demand or in the knowingly, directly or indirectly, shall Pursuant to the provisions of the Ag future, nor other consideration, shall be obtain or receive, or attempt to obtain or ricultural Marketing Agreement Act of deemed payment. receive, or participate in the inducement 1937, as amended (7 U.S.C. 601 et seq.), Proposal No. 5. Amend § 1004.31(a) of, any rebate, kickback, allowance, dis and the applicable rules of practice and so that the said paragraph reads as count, concession, compensation, thing procedure governing the formulation of follows: of value, tie-in agreement or sale of prod marketing agreements and marketing or ucts or services other than at their fair ders (7 CFR Part 900) , notice is hereby (a) Ea'ch producer-handler and eachvalue, advertising, extension of credit, given of a public hearing to be held in handler in his capacity as the operator hauling rate or handling charge from the Carlton Room, the Sylvania Hotel, of a nonproducer milk plant and each or by any producer or association of Locust Street at Juniper, Philadelphia, handler in his capacity as a broker or producers, growing out of any transac Pa., beginning at 10 a.m., e.d.t., on Octo dealer in milk, shall make reports to the tion for the sale or disposition of milk ber 4, 1965, with respect to proposed market administrator at such time and or milk products from such producer or amendments to the tentative marketing in such manner as the market adminis association of producers to or on behalf agreement and to the order, regulating trator shall prescribe; and of such handler, as the result of which the handling of milk in the Delaware Proposal No. 6. Amend § 1004.31 by such producer or association of producers Valley marketing area. adding a new paragraph (c) to read as receives and retains, to be used for other The public hearing is for the purpose follows: matters or obligations, less than the of receiving evidence with respect to the m inimum prices fixed by this part, nor economic and marketing conditions (c) Each handler in his capacity as a by any other scheme or device, pay pro which relate to the proposed amend broker or dealer in milk shall report to ducers or associations of producers less ments, hereinafter set forth, and any the market administrator in detail and than the prices fixed under this part. appropriate modifications thereof, to the on forms prescribed by the market ad tentative marketing agreement and ».to ministrator all transactions wherein § 1004.92 Underpayment by association the order. milk was brokered or dealt in giving of producers prohibited. The proposed amendments, set forth similar information to that required of An association of producers shall not, below, have not received the approval of handlers operating their own producer directly or indirectly, by or through any the Secretary of Agriculture. milk plants under §§ 1004.30 and this scheme or device, sell or dispose of milk Proposed by Inter-State Milk Pro section; and the additional information or the milk of its patrons to any handler ducers’ Cooperative, Inc.: of what brokerage fees were paid to said at prices less than the prices fixed under Proposal No. T. Amend § 1004.10 to handler and any disbursements made to this part, nor shall any association of define broker and dealer, as follows: any other handlers, brokers, persons producers, officer, agent, broker or em “Broker” means a person engaged in dealing in milk or stores dealing in milk, ployee therefor, give, refund, remit, kick- acting as an agent either of the buyer or or their subsidiaries, officers, agents, or back, in any manner or by any scheme the seller of milk, regardless of the cus employees. or device, including those set forth in tody or possession tfiereof. Proposal No. 7. Add a new series of § 1004.91, to any handler, officer, agent, “Dealer” includes a person who buys sections after § 1004.85 as follows: broker or employee therefor, to any per and sells milk, regardless of whether he son in which such handler has any con has custody or possession thereof. § 1004.86 Brokerage fees. trol or interest, or to any handler’s cus Proposal No. 2. Amend § 1004.10 to (a) The compensations or fee of any tomer, any portion of or thing of value read so as to include as a handler any broker, not an association of producers, derived from any part of the monies paid, broker, dealer, or other person selling, but. acting for such association, or as its as required pursuant to this part, for buying or dealing in milk produced by employee or agent, shall be limited to the milk sold or disposed of by such associa producers or received by or disposed of fair value of the services rendered, as tion of producers to such handler, to any to a producer milk plant, or who causes determined by the market administrator, person in which such handler has any milk to be delivered from producers or an and the burden of proof of fair value control or interest or to any handler’s association of producers to a producer shall be on the broker or association. customer. milk plant, whether said broker, dealer (b) The compensation or profit of any § 1004.93 Brokerage limited. or other person takes title to or posses broker, not an association of producers, sion of said milk or not, provided that a acting for a handler, not an association (a) No association of producers shall cooperative not operating a producer of producers, or acting for himself and pay or grant anything of value as a com milk plant shall not be considered a not for an association of producers, or mission, brokerage, or other compensa handler. acting in any other capacity than in tion, or any allowance or discount in lien Proposal No. 3. Add a new § 1004.18 paragraph (a) of this section shall not thereof, in connection with the sale of to read as follows: be taken, directly or indirectly, from the milk, either to the other party to such amount payable to producers under this transaction or to an agent, represent § 1004.18 Receipt. part. The burden of proof that such ative, or other intermediary therein, “Received or receipt” of milk shall in compensation or profit is not taken, di where such intermediary grants any al clude any handling, brokering or dealing rectly or indirectly, from the amount lowance or thing of value to, or is acting in milk, whether or not physically re payable to producers under this part in fact for or in behalf of, or is subject ceived at a plant insofar as milk being shall be on the broker. to the direct or indirect control of, nny 11214 Wednesday, September 1, 1965 FEDERAL REGISTER 11215 party to the transaction other than the not a subsidiary, nor make an option to Proposal No. 13. Amend §§ 1004.52, association of producers, provided that purchase all or any part of any handler 1004.82, and other appropriate sections nothing contained herein shall prevent except a bona fide purchase of one hun to provide for : an association of producers from utiliz dred percent of such handler, nor shall ing and paying the fair value, as deter any handler be a party to any such (a) The payment by handlers of class mined by the market administrator, for agreement or arrangement with an as prices f.o.b. the zone of farm milk house service rendered to a broker, commission sociation of producers. locations with respect to bulk tank milk; man, or other similarly engaged person, (b) The payment to producers of blend in connection with a bona fide transac Proposed by the Milk Distributors As prices f.o.b. the zone of farm milk house tion involving the sale or purchase of sociation of the Philadelphia Area, Inc., locations with respect to bulk tank milk; milk or milk products, provided that the and the South Jersey Milk Dealers’ and burden of proving such fair value and Association: .(c) The zoning of individual bulk tank bona fides shall be on the association, Proposal No. 8. Amend the appro farms such that the mileage zone of each of producers. priate provisions of the order to provide farm milk house shall be the nearest (b) It shall be unlawful for any hanthat cooperative associations making any point of the township (or other civil dler or intermediary to receive or accept payments, grants, allowances, discounts division) in which such milk house is anything of value which an association or otherwise distributing anything of located to the nearest of the city halls in of producers is prohibited from paying value, as a result of which prices less Philadelphia, Pa.; Trenton or Atlantic or granting by paragraph (a) of this sec than the . minimum prices required un City, N.J. tion, provided that the burden of proving der the order are paid or accounted for, to its patrons and members, or as a re Proposal No. 14. Add a new section to such fair value and bona fides shall be the order to provide for market service on the handler or intermediary. sult of which prices under the order are jeopardized, shall lose the privilege of deductions from nonmembers of asso § 1004.94 .Cooperative compliance or reblending. ciations of producers as follows: loss of blending privilege. Proposal No. 9. Amend the appro (a) In making the payments required (a) (1) An association of producers priate provisions of the order to provide by § 1004._for producer milk, other engaged in making collective sales or that the market administrator may audit than milk delivered by himself and any marketing of milk or its products for the fully all records and all books of all producer who is a member of a coopera producers thereof shall be entitled to persons and entities, including but not tive association which the Secretary de blend the net proceeds of all of its sales limited to handlers, subdealers, sub termines is performing the services speci in all markets in all use classifications, handlers, brokers and cooperatives, as fied in paragraph (b) of this section, each and make distribution thereof to its well as their customers, who purchase, handler shall deduct three cents per hun producers in accordance with the con or receive, or handle, or deal in or sell dredweight, or such lesser amount as the tract between the association and its or distribute on consignment or other Secretary shall determine to be sufficient, producers, only if it qualifies as a co wise, any milk regulated by Order No. 4 for marketing services. The handler operative under § 1004.6 hereof and does for any purpose whatsoever, whether shall pay the amount deducted to the not sell its milk to any handler for use such persons or entities act on behalf of market administrator on or before the or consumption under this part at prices themselves or others or both. 19th day after the end of the month. less than the prices fixed pursuant to this Proposed by Eastern Milk Producers (b) The market administrator shall part. The burden of proof that such as Cooperative Association, Inc.: expend amounts received under para sociation does not sell, or dispose of, Proposal No. 10. Amend § 1004.71, graph (a) of this section only in provid either directly or indirectly, at less than § 1004.80, and other sections of the order ing market information to the producers the minimum prices established pursuant as necessary to provide for marketwide who delivered the milk which was sub to this part shall be on the association pooling of payments to producers. ject to such deduction and for verifica of producers. Proposal No. 11. Amend § 1004.8, or tion of weights, samples, and tests of milk (2) Violation of § 1004.92 or § 1004.93 provide other appropriate sections, to de received by handlers from them. The (a) shall be deemed a sale at prices less fine: (a) Pool distributing plants; (b) market administrator may contract with than prices fixed pursuant to this part. pool supply plants;
§ 1004.17 Route. perform such acts, has not made reports in such allocation required to correct pursuant to § 1004.30 or payments pursu errors disclosed In verification of such “Route” means any delivery (includ ant to §§ 1004.80 to 1004.88. report; and ing any delivery by a vendor or disposi (g) Submit his books and records to (0) Furnish to each handler operat tion at a plant store or from vending examination by the Secretary, and fur ing a pool plant who has shipped fluid machines), of any Class I product to a nish such information and reports as fee milk products to an other order plant, wholesale or retail outlet, including a Secretary may request; fee classification to which the skim milk Federal, State or municipal institution or Ch) Verify all reports and payments of and butterfat in such fluid milk products installation, but excluding any delivery each handler, by audit, if necessary, of were allocated by fee market administra to a plant. such handler’s records and of the records tor of fee other order on the basis of the Market Administrator of any other handler or person upon report of fee receiving handler; and, as whose utilization fee classification of necessary, any changes in such classifica § 1004.20 Designation.. skim milk and butterfat for such han tion arising m the verification of such The agency for the administration of dler depends; report. this part shall be a market administrator, (i) Prepare and make available for the selected by the Secretary, who shall be benefit of producers, consumers, and R eports, R ecords, and F acilities entitled to such compensation as may be handlers, such general statistics and in § 1004.30 Reports of receipts and utili determined by, and shall be subject to formation concerning the operation of zation. removal at the discretion of, the Secre this part as do not reveal confidential (a) On or before the 8th day after tary. information; the end of each month each cooperative § 1004.21 Powers. (j) On or before fee date specified, association in its capacity as a handler publicly announce by posting in a con and each pool handler with respect to The market administrator shall have spicuous place in his office and by such each of his pool plants shall report for the following powers with respect to this other means as he deems appropriate, fee month to the market administrator part: fee following: in fee detail and on forms prescribed by (a) To administer its terms and provi (1) The fifth day of each month, fee the market administrator as follows: sions; Class I price computed pursuant to (1) The quantities of skim milk and (b) To receive, investigate, and report § 1004.50(a) for the current month, and butterfat contained in (i) receipts of to the Secretary complaints of violations; the Class n price computed pursuant to producer milk (including such handler’s (c) To make rules and regulations to § 1004.55(b) and the handler butterfat own production), (ii) receipts of fluid effectuate its terms and provisions; and differentials computed pursuant to milk products from other pool plants, (d) To recommend amendments to § 1004.51, both for the preceding month; and milk received from a cooperative as the Secretary. and sociation for which it is a handier pur § 1004.22 Duties. (2) The life day of each month, fee suant to § 1004.10(e), and (ill) receipts uniform price computed pursuant to The market administrator shall per of other source milk; form all duties necessary to administer § 1004.71 or § 1004.72 and the producer (2) Inventories of fluid milk products butterfat differential computed pursuant on hand at fee beginning and end of the the terms and provisions of this part, in to § 1004.81 both for fee preceding cluding, but not limited to the following: month; and (a) Within 45 days following the date month; (3> The utilization of all skim milk on which he enters upon his duties, or (k) On or before the 10th day after and butterfat required to be reported such lesser period as may be prescribed the end of each month, report to each pursuant to this paragraph; by the Secretary, execute and deliver to cooperative association which so re (b) Each handler specified in § 1004.10 the Secretary a bond, effective as of the quests, the class utilization of milk pur (a) who operates a partially regulated date on which he enters upon his duties chased from such association or delivered distributing plant shall report as re and conditioned upon the faithful per to fee pool plant(s) of each handler by quired in paragraph (a) of this section, formance of such duties; in an amount producers who are members of such co except that receipts in Grade A milk and with surety thereon satisfactory to operative association. For fee purpose from dairy farmers shall be reported in the Secretary. of this report, fee milk so purchased or lieu of those in producer milk; such re (b) Employ and fix the compensation received shall be allocated to each class port shall include a separate statement of such persons as may be necessary to in the same ratio as all producer milk showing the respective amounts of skim enable him to administer its terms and received by such handler during such milk and butterfat disposed of on routes provisions ; month; and in the marketing area as Class I milk; (c) Obtain a bond in a reasonable (l) On or before February 20 of each and amount, and with reasonable surety year notify: (c) Each producer-handler shall make thereon, covering each employee who (1) Each cooperative association of reports to the market administrator at handles funds entrusted to the market the daily base established by each pro such time and in such manner as the ducer member of such, association; and market administrator may prescribe. administrator ; (2) Each nonmember producer of fee (d) Pay out of the funds received pur § 1004.31 Other reports. suant to § 1004.88 ; daily base established by such producer. (1> The cost of his bond and the bonds (m) Whenever required for purpose ©f (a) Each pool handler, shall report to of his employees, allocating receipts from other order the market administrator in the detail plants pursuant to § 1004.46(a) (8) and and on forms prescribed hy the market (2) < His own compensation, and fee corresponding step of § 1004.46(b), administrator as follows: (3) All other expenses except those the market administrator shall estimate (1) On or before the 20th day after incurred under § 1004.87, necessarily in and publicly announce the utilization (to the end of the month (for each pool plant curred by him in the maintenance and the nearest whole percentage) in each in the case of those pool handlers operat functioning of his office and in fee per class during fee month of skim milk ing pool plants) iris producer payroll for formance of his duties ; and butterfat, respectively, in producer such month which, shall show for each (e) Keep such books and records as milk of all handlers. Such estimate shall producer; (I) His name and address; (ii) will clearly reflect the transactions pro fee total pounds of milk received from vided for in this part, and, upon request fye based upon the most current available by fee Secretary, surrender fee same to data and shall be final for such purpose; such producer; (iii) fee average butter (n) Report to the market adminis fat content of such milk; and. Civ) the such other person as the Secretary may net amount of the handler’s paym ent, designate; trator of fee other order, as soon as pos together wife the price paid and the (f) Publicly announce at his discre sible after the report of receipts and amount and nature of any deduction; tion, unless otherwise directed by fee utilization for the month is received from (2) On or before fee first day other Secretary, by posting in a conspicuous a handier who has received fluid milk source milk is received in the fo rm of place in Ms office and by such other products from an other order plant, the milk, fluid skim milk or cream at Ms means as he deems appropriate, fee name classification to which such receipts are pool plant(s) his intention to receive of any person who, within five days after allocated pursuant to § 1004.46 pursuant such product, and on or before the last the date upon which he is required to to such report, and thereafter any change day such product Is received, his Inten- Wednesday, September 1, 1965 FEDERAL REGISTER 11219 tion to discontinue receipt of such prod be Class I in an amount equal only to from Class I milk pursuant to paragraph uct; and the weight of an equal volume of a like (a) (1) of this section. (3) Such other information with reunfortified fluid milk product of the spect to receipts and utilization of but same butterfat content; and § 1004.42 Shrinkage. terfat and skim milk as the market ad (2) Not specifically accounted for as The market administrator shall allo ministrator shall prescribe. Class II milk. cate shrinkage over a handler’s receipts • (b) Promptly after a producer moves (b) Class II milk. Class II milk shall at each pool plant as follows: from one farm to another, or starts or be all skim milk and butterfat: (a) Compute the total shrinkage of resumes deliveries to a pool handler, the (1) Used to produce any product other skim milk and butterfat, respectively, for handler shall file with the market ad than those designated as Cass I milk pur each handler; and ministrator a report stating the pro suant to paragraph (a)(1) of this sec (b) Shrinkage shall be prorated be ducer’s naihe and post office address, the tion; tween: (1) Skim milk and butterfat in health department permit number, the (2) Disposed of for livestock feed; receipts described in § 1004.41(b) (5); date on which the change took place, and (3) Contained in skim milk dumped and (2) skim milk and butterfat in other the farm and plant location involved. if the conditions of § 1004.31(d) are met source milk, exclusive of that specified (c) Each pool handler who receives by the handler; in § 1004.41(b) (5) . milk during the month from producers (4) Contained in inventory of products § 1004.43 Responsibility of handlers for which payment is to be made to a co designated in paragraph (a) (1) of this and the reclassification of milk. operative association pursuant to § 1004.- section on hand at the end of the month; 80(b) shall on or before the 10th day (5) In shrinkage of skim milk and but (a) All skim milk and butterfat shall after the end of each month report to terfat, respectively, assigned pursuant to be Class I milk unless the handler who such cooperative association concerning § 1004.42(b) (1), but not exceed the fol first receives such skim milk and butter each producer-member of such coopera lowing: fat proves to the market administrator tive association from whom he received (i) Two percent of producer milk re that such skim milk or butterfat should milk during the month as follows: ceived at a pool plant for the account of be classified otherwise. (1) The name, address and code num the plant operator; plus (b) Any skim milk or butterfat shall ber, if any; (ii) One and one-half percent of milk be reclassified if verification by the ■„ (2) The total deliveries and the num received at a pool plant from a coopera market administrator discloses that the ber of days on which delivery was made; tive association in its capacity as a han original classification was incorrect. (3) The average butterfat test of the dler pursuant to § 1004.10(c), except that § 1004.44 Transfers. milk delivered; and the applicable percentage shall be two (4) The nature and amount of any percent if the handler operating the pool Skim milk and butterfat in the form deductions to be made in payments due plant files notice with the market admin of any fluid milk product shall be classi such producer. istrator on or before the date he submits fied: (d) Each handler dumping skim milk his monthly report applicable to such (a) As Class I milk if transferred from pursuant to § 1004.41(b) (3) shall give milk pursuant to § 1004.30 that he is pur a pool plant or a cooperative association the market administrator during normal chasing such milk on the basis of farm as a handler pursuant to § 1004.10(c) to duty hours, not less than three hours weights determined by farm bulk tank a pool plant, unless Class n utilization advance notice of intention to make such calibrations, and at butterfat tests based is indicated by the transferee and trans disposition and of the quantities of skim on samples taken at the farm; plus feror handlers in their reports pursuant milk involved. (iii) One and one-half percent of milk to § 1004.30(a) for the month, subject (e) Each handler operating a partially received at a pool plant in bulk tank lots to the conditions of subparagraphs (1), regulated distributing plant who does from other pool plants; plus (2), (3), and (4) of this paragraph: not elect to make payments pursuant to (iv) One and one-half percent of re (1) The skim milk or butterfat so as § 1004.62(b) shall report the same in ceipts of fluid milk products in bulk from signed to either class shall be limited to formation as required in paragraph (a) an other order plant, exclusive of the the amount thereof remaining in such of this section with respect to dairy quantity for which Class II utilization class in the transferee plant after com farmers from whom he receives milk. was requested by the handler (and by putations pursuant to § 1004.46(a) (8) and the corresponding step of § 1004.46 Classification of Milk the operator of such other order plant if such receipt is fully subject to the classi (b) ; § 1004.40 Skim milk and butterfat to fication and pricing provisions of such (2) If the transferor plant received be classified. other order); plus during the month other source milk to be The skim milk and butterfat to be (v) One and one-half percent of re allocated pursuant to § 1004.46(a) (3), reported by each handler pursuant to ceipts from dairy farmers who are not the skim milk and butterfat so trans § 1004.30 shall be classified each month producers and receipts of fluid milk prod ferred shall be classified so as to allocate by the market administrator pursuant to ucts in bulk from unregulated supply the least possible Class I utilization to the provisions of §§ 1004.41 through plants, exclusive of the quantity for such other source milk; 1004.46. If any of the water contained which Class n utilization was requested (3) If the transferor handler received m the milk from which a product is by the handler; less during the month other source milk to niade is removed before the product is (vi) One and one-half percent of milk be allocated pursuant to § 1004.46(a) (7) utilized or disposed of by a handler, the moved in bulk tank lots from a pool plant or (8), and the corresponding steps of Pounds of skim milk used or disposed of to other plants; and plus § 1004.46(b), the skim milk and butter in such product shall be considered to (vii) One-half of one percent in re fat so transferred up to the total of such be an amount equivalent to the nonfat ceipts of producer milk by a cooperative receipts shall not be classified as Class niilk solids contained in such products association in its capacity as a handler I milk to a greater extent than would be Plus all the water originally associated pursuant to § 1004.10(c) unless the ex applicable to a like quantity of such with such solids.^ ception provided in subdivision (ii) of other source milk received at the trans § 1004.41 Classes of utilization. this subparagraph applies; feree plant; and (6) In shrinkage of skim milk and but (4) If a specified utilization is not . Subject to the conditions set forth terfat respectively, assigned pursuant to claimed by both handlers pursuant to ® ?8 1004.42 to 1004.46 the classes of § 1004.42(b) (2); this paragraph in the case of skim milk utilization shall be as follows: (7) Disposed of in bulk to any com (a) Class I milk. Class I milk shall and butterfat transferred to a pool plant oe all skim milk and butterfat: mercial food establishment for use on of another handler by a cooperative as (1) Disposed of in fluid form for hu- the premises in the manufacture of soup, sociation in its capacity as a handler pur jnan consumption in the form of a fluid candy, bakery products, or any other suant to § 1004.10(c), such skim milk and muk product, except cream or any mix- nondairy commercial food product: Pro butterfat shall be classified pro rata to lure of cream with milk or skim milk vided, That such establishment does not the respective amounts remaining in «mtmning n°t less than 10 percent but- dispose of any fluid milk product; each class at the pool plant of the re terfat: Provided, That any product for- (8) The weight of skim milk in forti ceiving handler after making the assign unea with added nonfat milk solids shall fied fluid milk products which is excepted ments pursuant to § 1004.46(a) (8) and 11220 PROPOSED RULE MAKING the corresponding step of § 1004.46(b) transferor claims such classification, which allocated as a fluid milk product and after assignment of milk for which gives sufficient notice so that the market under the other order; specified classification has been claimed administrator may verify conditions of (2) If transferred in bulk form, clas by handlers pursuant to this paragraph; shipment, establishes such cream was sification shall be in the classes to which (b) As Class I milk, if transferred from transferred without approval of a duly allocated as a fluid milk product under a pool plant to a producer-handler; constituted health authority for fluid the other order (including allocation un (c) As Class I milk if transferred or disposition, labels each container to show der the conditions set forth in subpar diverted to a nonpool approved plant that that the contents are for manufacturing agraph (3) of this paragraph) ; is neither an other order plant nor a pro only, and such shipment is so invoiced; (3) If the operators of both the trans ducer-handler plant, unless otherwise (e) As Class I milk, if transferred in feror and transferee plants so request in classified on the basis of the following bulk in the form of milk, skim milk, or the reports of receipts and utilization assignment of utilization at such nonpool cream, or diverted in bulk to à nonpool filed with their respective market admin approved plant, in excess of receipts of plant other than an aproved plant, other istrators, transfers in bulk form shall be packaged fluid milk products from all order plant or a producer-handler plant, classified as Class n to the extent of the pool plants and other order plants, pur located less than 300 miles, by the short Class H utilization (or comparable uti suant to subparagraphs (1) through (4) est hard-surfaced highway distance as lization under such other order) avail of this paragraph: determined by the market administrator, able for such assignment pursuant to the (1) Any Class I utilization disposed of from the nearest of the City Halls in allocation provisions of the transferee on routes in the marketing area shall be Philadelphia, Pa.; Trenton, or Atlantic order; first assigned pro rata to the skim milk City, N.J., unless the requirements of (4) If information concerning the and butterfat transferred or diverted subparagraphs (1) and (2) of this para classification to which allocated under from pool plants, next pro rata to re graph are met, in which case the skim the other order is not available to the ceipts fropi other order plants, and there milk and butterfat so transferred or di market administrator for purposes of after to receipts from dairy farmers who verted shall be classified in accordance establishing classification pursuant to the market administrator determines with the assignment resulting from sub- this paragraph, classification shall be as constitute such nonpool approved plant’s paragraph (3) of this paragraph: Class I, subject to adjustment when regular source of supply of milk which is ( 1 ) The transferring or diverting han such information is available; approved by a duly constituted health dler claims classification pursuant to the (5) For purposes of this paragraph, authority for fluid disposition; assignment set forth in subparagraph if the transferee order provides for more (2) Any Class I utilization disposed of (3) of this paragraph in his report sub than two classes of utilization, milk allo on routes in the marketing area of an mitted to the market administrator pur cated to a class consisting primarily of suant to § 1004.30 for the month within fluid milk products shall be classified as other order issued pursuant to the Act Class I, and milk allocated to other shall be first assigned to receipts from which such transaction occurred; (2) The operator of such nonpool classes shall be classified as Class H; and plants fully regulated by such order, ( > If the form in which any fluid next pro rata to receipts from pool plants plant maintains books and records show 6 ing the utilization of all skim milk and m i l k product is transferred to an other and other order plants not regulated by order plant is not defined as a fluid milk such order., and thereafter to receipts butterfat received at such plant which are made available if requested by the product under such other order, classi from dairy farmers who the market ad market administrator for the purpose of fication shall be in accordance with the ministrator determines constitute such provisions of § 1004.41, nonpool approved plant’s regular source verification; and of supply of milk which is approved by a (3) The skim milk and butterfat so § 1004.45 Compulation of skim milk duly constituted health authority for transferred shall be classified on the and butterfat in each class. fluid disposition; basis of the following assignment of For each month, the market adminis (3) Class I utilization at such non- utilization at sueh nonpool plant in ex trator shall correct for mathematical pool approved plant not assigned pur cess of receipts of packaged fluid milk and for other obvious errors the reports suant to subparagraphs Cl) and (2) of products from all pool plants and other of receipts and utilization submitted this paragraph shall be assigned as fol order plants: pursuant to § 1004.30(a) for each co lows: first pro rata to any quanti (i) Any Class I utilization disposed of operative association in its capacity as ties of skim milk and butterfat trans on routes in the marketing area of an a handler pursuant to § 1004.10(c) and ferred or diverted to the nonpool ap other order issued pursuant to the Aet for each handler with respect to each proved plant to the extent that trans shall be first assigned ta receipts from of his pool plants and shall compute the fers from such nonpool plants to pool plants fully regulated by such order, next total pounds of skim milk and butterfat plants are assigned to Class I milk in pro rata to receipts from pool plants and in Class I milk and Class n milk for such other order plants not regulated by such handlers. such pool plant pursuant to § 1004.46 order, and thereafter to receipts from (a) (7), next to the remaining receipts dairy farmers who the market adminis § 1004.46 Allocation of skim milk and from dairy farmers who the market ad trator determines constitute such non butterfat classified. ministrator determines constitute such pool plant’s regular sources of supply of After making the computations pur nonpool plant’s regular source .of supply milk which is approved by a duly con suant to § 1004.45, the market adminis of milk which is approved by a duly con trator shall determine the classification stituted health authority for fluid dispo stituted health authority for fluid disposition; and of producer milk at each pool plant as sition, and thereafter pro. rata to unas (ii) The remaining skim milk and follows: signed receipts at such nonpool plants (a) Skim milk shall be allocated in from all pool and other order plants; and butterfat so transferred or diverted shall (4) The remaining skim milk and be Class H to the extent claimed by the the following manner: transferor handler if an equivalent Class (1) Subtract from the total pounds of butterfat so transferred or diverted shall skim milk in Class n the pounds of skhn be Class n to the extent that an equiva II utilization is. available in the nonpool plant: Provided, That if upon inspection milk Classified as Class H pursuant to lent Class H utilization^is available in 1 1004.41(b)(5); the nonpool approved plant; and of the records of such plant it is found (2) Subtract from the remaining (d) As Class I milk, if transferred inthat an equivalent amount of skim milk pounds of skim milk in each class the bulk in the form of milk, skim milk or and butterfat was not actually used in pounds of skim milk in fluid milk prod cream, or diverted to a nonpool plant Class H, thé remaining pounds shall be ucts received in packaged form from other than an approved plant, other or classified as Class I milk; and other order plants as follows : der plant or a producer-handler plant (f) As follows, if transferred to an (i) From Class n milk, the lesser of located 300 miles or more by the shortest other order plant in excess of receipts hard-surfaced highway distance as de the pounds remaining or two percent of termined by the market administrator, from such plant in the same category as such receipts; and from the nearest of the City Halls in described in subparagraph (1>, (2), or Cii) From Class I milk, the remainder Philadelphia, Pa.; Trenton or Atlantic (3) of this paragraph: of such receipts; City, N.J., except that cream so trans (1) If transferred in packaged form, (3) Subtract in the order specified ferred may be classified as Class II if the classification shall be in the classes to below from the pounds of skim mils Wednesday, September 2, 1965 FEDERAL REGISTER 11221 remaining in each class, in series be (iii) The pounds of skim milk in resubtracted from Class n at all pool plants ginning with Class n, the pounds of skim ceipts of fluid milk produets in bulk from of the handler exceeding the pounds of rriiik- in each of the following: an other order plant in excess of similar skim milk remaining in Class II at such (i) Other source milkjn a form other transfers to such plant if classified and plants, the pounds of such excess shall than that of a fluid milk product; prieed pursuant to the other order and be subtracted from the pounds of skim (ii) Receipts of fluid milk products if Class n utilization was requested by milk remaining in Class I after such pro for which approval by a duly constituted the operator of such plant and the trans ration at the pool plants at which re health authority for fluid disposition is feree handler, but not in excess of the ceived; not established, or which are from un pounds of skim milk remaining in Class (iii) Except as-provided in subdivision identified sources; and II milk; (ii) of this subparagraph, should pro (ifl) Receipts of fluid milk products (5) Subtract from the pounds Of skim ration pursuant to either subdivision (i) from a producer-handler, as defined milk remaining in each class, in series or (ii) of this subparagraph result in under this or any other Federal order; beginning with Class II, the pounds of the amount to be subtracted from either (4) Subtract, in the order specifiedskim milk in inventory of fluid milk class exceeding the pounds of skim milk below* from the pounds of skim milk products on hand at the beginning of remaining in such class in the pool plant remaining in Class II; the month; at which such skim milk was received, (1) The pounds of skim milk in re (6) Add to the remaining pounds of the pounds of skim milk in such class ceipts of fluid milk products for which skim milk in Class II milk the pounds shall be increased to the amount to be the handler requests Class II utilization subtracted pursuant to subparagraph subtracted and the pounds of skim milk which were received from unregulated (1) of this paragraph; in the other class shall be decreased a supply plants, from other order plant (s) (7> (i> Subtract from the pounds of like amount. In such case the utiliza if not classified and priced pursuant to skim milk remaining in each class, pro tion of milk at other pool plant(s) of the order regulating the plant, and from rata to the total pounds of skim milk re such handler shall be adjusted in the re dairy farmers who are not producers, maining in each class in all pool plants verse direction by an identical amount but not in any case to exceed the pounds of the receiving handler, the pounds of in sequence beginning with the nearest of skim milk remaiflíng in Class IT; skim milk in receipts of fluid milk prod other pool plant of such handler at which (ii) The pounds of skim milk remainucts from unregulated supply plants, such adjustment can be made; ing in receipts of other source milk in from other order plant (s) if not classi (9) Subtract from the pounds of skim the form of fluid milk products from fied or priced pursuant to the order milk remaining in each class the pounds unregulated supply plants, from other regulating such plant, and from dairy of skim milk received in fluid milk prod order plant (s) if not classified and priced farmers who are not producers, that ucts from other pool plants and from a pursuant to the order regulating such were not subtracted pursuant to sub- cooperative association in its capacity as plant, and from dairy farmers who are paragraph (4) ' (i) or (ii) of this para a handler pursuant to § 1004.10(c) ac not producers, to the extent that the graph; cording to the classification assigned total of such receipts are in excess of the (ii) Should such proration result inpursuant to § 1004.44(a); and pounds of skim milk determined as the amount to be subtracted from any (10) If the pounds of skim milk re follows r class exceeding the pounds of skim milk maining in both classes exceed the (a) Multiply the pounds of skim milk remaining in such class in the pool plant pounds of skim milk in producer milk, remaining in Class I milk at all pool at which such skim milk was received, subtract such excess from the pounds of plants of the handler by 1.25; the pounds of skim milk in such class skim milk remaining in each class in (b) Subtract from the result the sum shall be increased to the amount to be series beginning with Class II. Any of the pounds of skim milk at all such subtracted and the pounds of skim milk amount so subtracted shall be known as plants in producer milk, receipts from in the other class shall be decreased a “overage”; pool plants of other handlers, from a like amount. In such case the utiliza (b) Butterfat shall be allocated in ac cooperative association in its capacity tion of milk at other pool plant (s) of cordance with the procedure outlined for as a handler pursuant to § 1004.10(c) such handler shall be adjusted in the re skim milk in paragraph (a) of this sec and in receipts in bulk from other order verse direction by an identical amount in tion; and plants classified and priced pursuant to sequence beginning with the nearest (c) Combine the amounts of skim the applicable order; and other pool plant of such handler at milk and butterfat determined pursuant (c) (1> Multiply any resulting plus which such adjustment can be made; to paragraphs (a) and (b) of this section quantity by the percentage that receipts (8) Subtract from the pounds of skim into one total for each class and deter of skim milk in other source milk in the milk remaining In each class the pounds mine the weighted average butterfat con form of fluid milk products from un of skim milk in receipts of fluid milk tent of producer milk in each elass. regulated supply plants, from other products in bulk from other order plants Minimum P rices order plant (s) if not classified and priced (except receipts from other order Pursuant to the order regulating such plant(s) not classified and priced pur § 1004.50 Class prices. Plant, and from dairy farmers who are suant to the order regulating such plant), Subject to the provisions of § 1004.51 not producers, remaining at this plant in excess in each case of similar transfers and § 1004.52 each handler shall pay, is of all such receipts remaining at all to the same plant, that were not sub at the time and in the manner set forth Pool plants of such handler, after any tracted pursuant to subparagraph (4) in § 1004.80 for each hundredweight of deductions pursuant to subdivision (i) (iii) of this paragraph, pursuant to the milk containing 3.5 percent of butterfat of this subparagraph. following procedure: received at his producer milk plant (s) (2) Should such computation result (I) Subject to the provisions of sub during the month from producers or a in a quantity to be subtracted from Class divisions (ii) and (iii) of this subpara cooperative association, not less than n which is in excess of the pounds of graph, such subtraction shall be pro the following prices; skim milk remaining in Class II, the rata to whichever of the following repre (a) Class I milk. For each month in sents the higher proportion of Class II each calendar quarter the price per Pounds of skim milk in Class II shall be milk: hundredweight of Class I milk shall be increased to the quantity to be sub (a) The estimated utilization of skim the price computed for such quarter tracted and the pounds of skim milk in milk in each class, by all handlers, as pursuant to subparagraphs (1) through Class I shall be decreased a like amount. announced for the month pursuant to (5) of this paragraph: In such case the utilization of skim milk § 1004.22 (m ); or (1) Compute the indexes set forth in at other pool plant(s) of such handler (b) The pounds of skim milk in each subdivisions (i) through (v) of this sub- shall be adjusted in the reverse direct class remaining at' all pool plants of the paragraph for the second, third, and tion by an identical amount in sequence handler; fourth months preceding the first month beginning with the nearest other pool (ii) Should proration pursuant to sub of the pricing quarter and divide the Plant of such handler at which such ad division (i) of this subparagraph result sum of these indexes by 15. The result justment can be made. in the total pounds of skim milk to be shall be the formula index; 11222 PROPOSED RULE MAKING (i) Compute an index of wholesale same as or nearest to the bracket equiva age of such receipts to such disposition commodity prices, using a 1957-1958 base lent to the price in the previous quarter; is more than 142: Provided, That the period by dividing by 0.99614, the average C lass I P rice Schedule price adjustment pursuant to this sub- of the four latest weekly index figures paragraph shall not exceed an amount (those available'on the 15th day of the [Price per hundredweight] which will result in a Class I price equal following month) of wholesale com to the Class I price for the same quarter 1st 2d 3d 4th of the preceding year less 80 cents. modity prices as reported on a 1957- quarter quarter quarter quarter 1959 base by the Bureau of Labor Sta Formula index (Jan., (Apr., (July, (Oct., (b) Class II milk. The price per hun tistics, U.S. Department of Labor; Feb., May, Aug., Nov., dredweight of Class II milk shall be de (ii) Compute an index of prices paid Mar.) June) Sept.) Dec.) termined for each month as follows: by Pennsylvania farmers per hundred (1) Adjust the average price for milk A t least but less weight for 20 percent protein mixed than: » for manufacturing purposes, f.o.b. plants dairy feed, using a 1957-1958 base pe 80.0-82.0...... 4.60 4.00 4.60 4.60 United States, as reported on a prelimi 83.8-85.8...... 4.80 4.20 4.80 4.80 nary basis by the Department of Agricul riod, by dividing by 0.03896 the monthly 87.6-89.6_____ 5.00 4.40 5.00 5.00 price for such feed published by the 91.4-93.4_____ 5.20 4.60 5.20 5.20 ture for the month, by subtracting for 95.2-97.2...... 5.40 4.80 5.40 5.40 each one-tenth of one percent of average Pennsylvania Federal-State Crop Re 99.0-101.0_____ 6.60 5.00 5.60 5.60 porting Service; 102.8-104.8____ 5.80 5.20 5.80 5.80 butterfat content above 3.5 percent, or (iii) Compute an index of prices re 106.6-108.6____ 6.00 5.40 6.00 6.00 adding for each one-tenth of one percent 110.4-112.4____ 6.20 5.60 6.20 6.20 ceived by Pennsylvania farmers for 114.2-116.2- — - 6.40 5.80 6.40 6.40 of average butterfat content below 3.5 farm products except dairy, using a 1957- 118.0-120.0-___ 6.60 6.00 6.60 6.60 percent an amount per hundredweight 58 base period, by dividing by 2.103 the which shall be calculated by the market monthly index published by the Penn 1 If the formula index is more than 120.0 -er less than administrator by multiplying by 0.125 the sylvania Federal-State Crop Reporting 80.0 this table shall be extended at the same rate as the average of the daily prices, using the Service; increase or decrease in the preceding bracket. midpoint of any range as one price, for (iv) Compute an index of prices for (3) If the annual level of the price for Grade A (92-score) butter at wholesale milk for manufacturing purposes, f.o.b. any calendar quarter (the price, less 15 in the New York market as reported for plant United States, as reported by the cents, indicated for the first quarter for the period between the 16th day of the Department of Agriculture, using a 1961- the bracket in which the formula index preceding month and the 15th day, in 62 base period, by dividing by .030707 the computed pursuant to subparagraph (1) clusive, of the current month by the De monthly average prices determined pur of this paragraph falls) is greater than partment of Agriculture; and suant to paragraph (b) (1) of this sec $2.60 over the simple average of prices of (2) Adjust the result obtained in sub- tion, and adjust the result for seasonal selected Midwestern condensaries as re paragraph (1) of this paragraph by the variation by dividing by the applicable ported by the Department of Agriculture amount shown below for the applicable figure indicated below for such month: for the 12-month period ending with the month: second month preceding the quarter for January____ 1. 023 J u ly...... 0.988 Amount Amount February-----1. 014 August _------.997 milk of 3.5 percent butterfat, the Class I (cents) (cents) March______1. 006 September__ 1. 000 price for such quarter shall be adjusted January _. +16 July ------S û t +16 April ______.980 O ctober____ 1. 004 downward (in multiples of 20 cents) to February +15 A ugust__ sl>— 4-23 M ay______. 976 Novem ber__ 1.014 a price so adjusted which will be within March ______+08 September — +19 June ._____ . 984 D ecem ber__ 1. 014 such $2.60 variance; A pril______+04 October : - - - +19 (4) For each month of any calendar May ____ — - +01 November — _ +19 (v) Compute an index of average J u n e _____ + 02 December - __ +19 daily pounds of Class I milk disposition quarter the Class I price shall be 20 cents using a 1957-1958 base period, by divid more per hundredweight than the price § 1004.51 Butterfat differentials to han> ing by 29,476 the daily average for the prescribed in subparagraph (2) of this dlers. month of pounds of Class I milk disposi paragraph, adjusted pursuant to sub- For milk containing more or less than tion by producer milk plants fully regu paragraph (3) of this paragraph, if re 3.5 percent butterfat, the class prices lated as a result of their sales in the ceipts of milk from producers at producer for the month calculated pursuant to marketing area other than in the State milk plants fully regulated as a result of § 1004.50 shall be increased or decreased, of New Jersey and excluding Class I their sales in the marketing area other respectively, for each one-tenth of one milk disposition (on route or otherwise) than in the State of New Jersey during percent variation in butterfat content by outside the marketing area by any han the 12-month period ending with the sec the appropriate rate, rounded in each dler whose route disposition in the mar ond preceding month are less than 129 case to the nearest one-tenth cent deter keting area, exclusive of New Jersey, is percent of total Class I disposition by mined as follows: less than 5.0 percent of his total route such plants in the same period (exclud (a) Class I milk. Divide by 35 an disposition, and excluding any duplica ing any duplication because of disposi amount calculated as follows: Add all tion because of disposition between tion between plants): Provided, That market quotations (using the midpoint plants, and adjust the result for season the price adjustment pursuant to this of any weekly range as one quotation) al variation by dividing by the applicable subparagraph shall not exceed an amount of prices per 40-quart can of fresh sweet figure indicated below for the month: which will result in a Class I price equal cream of bottling quality of 40 percent to the Class I price for the same quarter butterfat content, not including prices January _. ___ 1.009 July ______0. 946 of the preceding year plus 80 cents; and February ___ 1.023 A ugust_____ . 949 for cream carrying special municipal ap (5) For each month of any calendar provals, reported at Philadelphia for March______1.011 September__ 1. 020 quarter the Class I price shall be 20 cents April _ ____1.025 O ctober__ 1. 046 each week ending within the month by M ay______1.010 November _— 1.005 less per hundredweight than the price the Department of Agriculture, divide June _ _ .966 December___ . 990 prescribed in subparagraph (2) of this by the number of quotations, subtract paragraph, adjusted pursuant to sub- $2.00, divide by 9.7143: Provided, That (2) Subject to the conditions set forth paragraph (3) of this paragraph, if re in subparagraphs (3), (4), and (5) of such butterfat differential shall not be ceipts of milk from producers at pro less than that provided pursuant to par this paragraph the Class I price shall be ducer milk plants fully regulated as a that price indicated for the pricing result of their sales in the marketing area agraph (b) of this section. quarter in the following Class I price other than in the State of New Jersey (b) Class II milk. Multiply by 0.120 schedule in the line corresponding to the during the 12-month period ending with the simple average of the daily wholesale bracket in which the formula index com the second preceding month are more selling prices per pound (using the m id puted pursuant to subparagraph (1) than 139 percent of total Class I disposi point of any price range as one price) falls, or if such index value is not tion by such plants in the same period reported for the period between the 16th within a bracket, the price for the calen (excluding any duplication because of day of the preceding month and the 15th dar quarter shall be determined by the disposition between plants), and shall be day, inclusive* of the current month by adjacent index bracket which is the an additional 20 cents less if the percent the Department of Agriculture for Grade Wednesday, September 1, 1965 FEDERAL REGfSTER 11223 A (92-score) butter In the New York of another order issued pursuant to the ments made by such handler for milk City market. Act unless the Secretary determines that (approved by a duly constituted health § 1004.52 Location adjustments to han a greater volume of Class I milk is dis authority for fluid disposition) received dlers. posed of from such plant cm routes in the during the month from dairy farmers at Delaware Valley marketing area than in such plant and like payments made by (a) For that milk which is received a marketing area regulated pursuant to the operator of a supply plant (s) in from producers (including milk received such other order. cluded in the computations pursuant to by a cooperative association as a handler (b) Any plant qualified pursuant to subparagraph (1) of this paragraph, and pursuant to § 1004.10(c)) at a pool plant § 1004.9(a) (2) or (b) which would be (ii) any payments to the producer- located 125 miles or more by shortest subject to the classification and pricing settlement fund of another order under hard-surfaced highway distance as de provisions of another order issuled pursu which such plant is also a partially regu termined by the market administrator ant to the act unless such plant has qual lated distributing plant. from the nearest of the City Halls in ified as a pool plant pursuant to the first (b) An amount computed as follows: Philadelphia, Pa.; Trenton or Atlantic proviso of § 1004.0(a) (2) for each month (1) Determine the respective amounts City, N.J., and which is assigned to Class during the preceding October through of skim milk and butterfat disposed of I milk subject to the limitations pur February. as Class I milk on routes in the market suant to paragraph (b) of this section, ing area; and for other source milk assigned Class § 1004.62 Obligations of handler oper (2) Deduct the respective amounts of I location adjustment credit pursuant to ating a partially regulated distribut skim milk and butterfat received as Class § 1004.70, the price computed pursuant to ing plant. I milk at the partially regulated dis § 1004.50(a) shall be reduced by 12 cents, Each handler who operates a partially tributing plant from pool plants and plus 1.5 cents for each 10 miles or frac regulated distributing plant shall pay to other order plants, except that deducted tion thereof that such distance exceeds the market administrator for the produc under a similar provision of another 125 miles.; and er-settlement fund on or before the 25th order issued pursuant to the Act; (b) For purposes of calculating such day after the end of the month either of (3) Combine the amounts of skim adjustment, transfers between pool the amounts (at the handler’s election) milk and butterfat remaining into one plants shall be assigned to that Class I calculated pursuant to paragraph (a) or total and determine the weighted average disposition at the transferee plant which (b) of this section. If the handler fails butterfat content; and is in excess of the receipts at such plant to report pursuant to^ii 1004.30(b) and (4) From the value of such milk at the as specified in subparagraphs (1), (2), 1004.31(e) the information necessary to Class I price applicable at the location and (3) of this paragraph, such assign compute the amount specified in para of the nonpool plant, subtract its value ment to be made first to transferor plants graph (a) of this section, he shall pay the at the weighted average price applicable at which no location adjustment credit amount computed pursuant to paragraph at such location (not to be less than the is applicable and then in sequence be Class n price). ginning with the plant at which the least (b) of this section: location adjustment would apply: (a) An amount computed as follows: § 1004.63 Computation of base for each (1) Cf> The obligation that would have producer. (1) Receipts from producers, and been computed pursuant to § 1004.70 at cooperative associations pursuant to such plant shall be determined as though For each of the months of April § 1004.10(c); such plant were a pool plant. For pur through June of each year, the market (2) Receipts assigned as Class I from poses of such computation, receipts at administrator shall compute, subject to other order plants; and such nonpool plant from a pool plant the rules set forth in § 1004.64, a base for (3) Receipts assigned as Class I from or an other order plant shall be assigned each producer described in paragraphs unregulated supply plants and from to the utilization at which classified at (a) through (e) of this section by divid dairy farmers who are not producers. the pool plant or other order plant and ing the applicable quantity of milk re § 1604.53 Equivalent prices or indexes. transfers from such nonpool plant to a ceipts specified in such paragraph by pool plant or an other order plant shall 184 (by 185, in the case of a producer on If for any reason a price or index spec be classified as Class n milk if allocated every-other-day delivery schedule who ified by this part for use in computing delivered July 1st) less the number of class prices or other purposes is not re to such class at the pool plant or other order plant and be valued at the weight days, if any, during the immediately pre ported or published in the manner de ceding base-forming period of July scribed hi this part, the market adminis ed average price of the respective order if so allocated to Class I milk. There shall through December, for which it is shown trator shall use a price or index deter be included in the obligation so computed that the days production of milk of such mined by the Secretary to be equivalent a charge in the amount specified in producer was not received by a pool han or comparable with the factor which is dler as described in the applicable para specified. § 1004.70(e) and a credit in the amount specified in § 1004.84(b) (2) with respeet graph of this section under whieh such Application o r P rovisions to receipts from an unregulated supply producer’s base is computed: Provided, That except as provided in paragraph § 1004.60 Producer-handler. plant, unless an obligation with respeet to such plant is computed as specified (e) of this section, the number of days Sections 1004.40 to 1004.46, 1004.50 below in this subparagraph. used to compute a producer’s base pur through 1004.53, 1004.62, 1004.70 to (if) If -the operator of the partially suant to this part shall be not less than 1004.71, and 1004.80 to 1004.89 shall not regulated distributing plant so requests, 154. apply to a producer-handler. and provides with his reports pursuant (a) For any producer, except as pro §1004.61 Plants subject to other Fed to §§ 1004.30(b) and 1004.31 (c) similar vided in paragraphs (b), (c), (d), ami eral orders. reports with respect to the operations (e> of this section, the quantity of milk of any other nonpool plant which serves receipts shall be the total pounds of milk A plant specified in paragraph (a) or as a supply plant for such partially regu to) of this section shall be considered lated distributing plant by shipments to received by all pool handlers from such us a nonpool plant except that the opera such plant during the month equivalent producer during the preceding months tor of such plant shall, with respect to the to the requirements of § 1004.9, with of July through December; total receipts and utilization or disposi agreement of the operator of such plant (b) For any producer whose milk was tion of skim milk and butterfat at the that the market administrator may ex received during the preceding months Plant, make reports to the market admin amine the books and records of such of July through December at a plant istrator at such time and in such manner plant for purposes of verification of such which became a pool plant after the as the market administrator may require Un lieu of the reports required pursuant reports, there will be added the amount beginning of such base-earning period, to § 1004.30) and allow verification of of the obligation computed at such non the quantity of milk receipts shall be such reports by the market administra pool supply plant in the same manner the total pounds of milk received from tor. and subject to the same conditions as for such dairy farmer during such July- (a) Any plant qualified pursuant to the partially regulated distributing plant. December period by pool handlers as * 1004.9(a) (l) which would be subject to (2) From this obligation there will be producer milk or at the plant as a non toe classification and pricing provisions deducted the sum of (i) the gross pay pool plant; 11224 PROPOSED RULE MAKING (c) For any producer who .during any That in the case of a base established § 1004.71 Computation of uniform and of the three base earning months July jointly, if a copy of the agreement setting weighted average prices. through September the preceding year forth as a percentage of the total the For each month the market adminis qualified under Order No. 16 (Upper interests of each person in the base is trator shall compute the weighted aver Chesapeake Bay) as a producer and was filed with the market administrator be age price and for each of the months of a producer under Order No. 4 during all fore the end of the base-making period, July through March the uniform price of each of the three remaining base-earn then upon termination of the agreement per hundredweight of milk received from ing months of October, November, and each joint holder will be entitled to his producers as follows: December, the quantity of milk receipts stated share of the base to hold in his (a) Combine into one total the values shall be the total pounds of milk re own right, or to transfer as provided in computed pursuant to § 1004.70 for all ceived from such farmer during all of paragraph (a) of this section (including handlers who filed the reports prescribed the months of July through December transfer to a partnership of which he is by § 1004.30 for the month and who made by pool handlers under both orders; or a member) such division with respect to the payments pursuant to § 1004.84 for (d) For any producer not described in any joint holder to be effective as of the the preceding month; paragraphs (b) or (c) of this section but end of any month during which an ap (b) Add an amount equal to the total whose milk was received by a handler plication for such division signed by value of the location differentials com as producer milk during the months of each joint holder is received by the mar puted pursuant to § 1004.82; October, November, and December of the ket administrator. (c) Subtract, if the average butterfat preceding year at a pool plant at which D etermination o f U n ifo r m P rices content of the milk specified in para receipt of his milk in the immediately graph (e) of this section is more than preceding months of July, August, and § 1004.70 Computation of the net pool 3.5 percent, or add, if such butterfat September would have qualified or did . obligation of each pool handler. content is less than 3.5 percent, an qualify him as a “dairy farmer for other The net pool obligation of each pool amount computed by multiplying the markets,” the quantity of milk receipts handler shall be a sum of money com amount by which the average butterfat shall be the total pounds of milk received puted by the market administrator as content of such milk varies from 3.5 from such producer by pool handlers follows: percent by the butterfat differential during such months of July through (a) Multiply the quantity of producer computed pursuant to § 1004.81 and December and verified receipts at the milk in each class, as computed pursuant multiplying the result by the total hun nonpool plant of the handler, affiliate of to § 1104.46(c), by the applicable class dredweight of such milk; the handler, or any person who controls prices (adjusted pursuant to §§ 1004.51 (d) Add an amount equal to not less or is controlled by the handler during and 1004.52); than one-half of the unobligated bal such months of July through September. (b) Add the amount obtained from ance in the producer-settlement fund; (e) For any dairy farmer whose milk multiplying the pounds of overage de (e) Divide the resulting amount by was not received at a pool plant during ducted from each class pursuant to the sum of the following for all handlers the period ------th ro u g h ------§ 1004.46(a) (10) and the corresponding included in these computations: ___ , because it contained pesticidal res step of § 1004.46(b) by the applicable (1) The total hundredweight of pro idues, but who was a producer immedi class prices; ducer milk included pursuant to para ately prior to the action resulting in (c) Add the amount obtained from graph (a) of this section; and the loss of his market, the quantity of multiplying the difference between the (2) The total hundredweight for milk receipts shall be the total pounds Class II price for the preceding month which a value is computed pursuant to of milk received from such dairy farmer and the Class I price for the current § 1004.70(e); and during the ____-— period by pool month by the hundredweight of skim (f) Subtract not less than four cents handlers plus the quantity of milk eli milk and butterfat subtracted from Class nor more than five cents per h u n d red gible for indemnity payments under the I pursuant to § 1004.46(a) (5) and the weight. The result shall be the Economic Opportunity Act of 1964 dur corresponding step of § 1004.46(b); “weighted average priee” and shall be ing the same period. (d) Add an amount equal to the dif the “uniform price”, per hundredweight of milk of 3.5 percent butterfat received § 1004.64 Base rules. ference between the value at the Class I price applicable at the pool plant and from producers in each of the months The following rules shall apply in con the value at the Class II price, with re of July through March. nection with the establishment of bases: spect to skim milk and butterfat in other § 1004.72 Compulation of uniform (a) A base computed pursuant to source milk subtracted from Class I pur prices for base milk and excess milk. §.1004.63 or as designated pursuant to suant to § 1004.46(a) (3) and the corre paragraph (c) of this section may be sponding step of § 1004.46(b); For each of the months of April transferred in its entirety to any other (e) Add an amount equal to the values through June the uniform prices per person upon written application to the of skim milk and butterfat determined hundredweight for base milk and for market administrator on or before the pursuant to subparagraphs (1) and (2) excess milk, each of 3.5 percent butterfat second -day of the month following the of this paragraph as follows: content, f.o.b. market, shall be as follows: month of transfer. Such application (1) The value at the Class I price of (a) Compute the aggregate value of shall be on a form approved by the mar skim milk and butterfat received from excess milk for all handlers included in ket adriiinistrator and shall be signed by dairy farmers who are not producers as the computations pursuant to § 1004.71 the base holder, or his heirs, or assigns (a) as follows: signed to Class I pursuant to § 1004.46(a) (1) Multiply the hundredweight quan and by the person to whom such base is (7) and the corresponding step of to be transferred: Provided, That If a § 1004.46(b), adjusted pursuant to tity of such milk which does not exceed base is held jointly, the entire base shall § 1004.52; the total quantity of producer milk re be transferable only upon receipt of such (2) The value at the Class I price of ceived by such handlers and assigned to application signed by all joint holders or skim milk and butterfat assigned to Class Class II milk by the Class II milk price; their heirs or assigns. I pursuant to § 1004.46(a) (7), and the (2) Multiply the remaining hundred (b) If a producer operates more than corresponding step of § 1004.46(b), ex weight quantity of excess milk by the one farm, and milk is received from each cluding milk from dairy farmers who are at a pool plant or by a cooperative asso Class I milk price; and not producers, adjusted for the location (3) Add together the resulting ciation in its capacity as a handler pur of the-nearest plants from which such amounts; suant to § 1004.10 (b) or (c), he shall types of receipts were received; and establish a separate base with respect to (b) Divide the total value of excess (f) Add or subtract as the case may milk obtained in paragraph (a) of this producer milk delivered from each such be, an amount necessary to correct er section by the total hundredweight of farm; and rors discovered by the market adminis (c> Only one base shall be allotted trator in verification of reports of such such milk and round to the nearest cent. with respect to milk produced by one handler of his receipts and utilization of The resulting figure shall be the uniform or more persons where the dairy farm skim milk and butterfat for previous price for excess milk of 3.5 percent but is jointly owned or operated: Provided, months. terfat content received from producers, Wednesday, September 1, 1965 FEDERAL REGISTER 11225
(c) Prom the amount resulting from shall on or before the 2d day prior to (a) The net pool obligation computed the computations of § 1004.71 (a) the date on which payments are due in pursuant to § 1004.70 for such handler; through (d) substract an amount com dividual producers, pay to such coopera and puted by multiplying the hundredweight tive association for milk so received dur (b) The sum of: of milk specified in § 1004.71(e) (2). by ing the month, an amount not less than (1) The value of such handler’s pro the weighted average price; the value of such milk computed at the ducer milk at the applicable uniform (d) Subtract the total value of excess applicable class prices for the location prices computed pursuant to §§ 1004.71 milk, determined by multiplying the of the plant of the buying handler. and 1004.72 adjusted by producer but uniform price obtained in paragraph (b) § 1004.81 Producer butterfat differen terfat and location differentials; and of this section by the hundredweight of tial. (2) The value at the weighted aver excess milk, from the amount computed age price adjusted by the producer but pursuant to paragraph (c) of this sec In making payments pursuant to terfat differential pursuant to § 1004.81 tion; § 1004.80 (a) or (b) the uniform price and the location differential on nonpool (e) Divide the amount calculated pur shall be adjusted for each one-tenth of milk pursuant to § 1004.82(b) (not to be suant to paragraph (d) of this section by one percent of butterfat content in the less than the value at the Class n price) the total hundredweight of base milk for milk of each producer above or below with respect to other source milk for handlers included in these computations; 3.5 percent, as the case may be, by a which values are computed pursuant to and butterfat differential equal to the aver § 1004.70(e). (f) Subtract not less than 4 cents nor age of the butterfat differentials deter mined pursuant to § 1004.51 (a) and (b) § 1004.85 Payments out of the pro more than 5 cents from the price com ducer-settlement fund. puted pursuant to paragraph (e) of this weighted by the pounds of butterfat in section. The resulting figure shall be producer milk in each class and rounded On or before the 13th day after the the uniform price for base milk of 3.5 to the nearest full cent. end of each month the market admin percent butterfat content f.o.b. market. § 1004.82 Location differentials to pro istrator shall pay to each handler the ducers and on nonpool milk. amount, if any, by which the amount P ayments computed pursuant to § 1004.84(b) ex § 1004.80 Time and method of payment. (a) In making payments to producers ceeds the amount computed pursuant to or to a cooperative association pursuant § 1004.84(a): Provided, That if the bal (a) Except as provided in paragraph to § 1004.80 (a) and (b) except with re ance in the producer-settlement fund is (b) of this section each pool handler on spect to excess milk, a handler, with re insufficient to make all payments pur or before the 15th day after the end of spect to all such milk received at pool suant to this section, the market admin each month shall make payment to each plants located 125 miles by shortest istrator shall reduce uniformly such producer for milk which was received highway distance from the nearest of the payments and shall complete such pay from such producer during the month at City Halls in Philadelphia, Pa., Trenton ments as soon as the necessary funds not less than the uniform price com or Atlantic City, N.J., as determined by are available. puted pursuant to § 1004.71 for the the market administrator, and a cooper months of July through March, and at ative association, with respect to all such § 1004.86 Adjustment of accounts. not less than the price for base milk milk received by it in its capacity as a Whenever verification by the market computed pursuant to § 1004.72(f) with handler pursuant to § 1004.10 (b) or (c), administrator of reports or payments of respect to base milk received from such at the location of such plant, shall deduct any handler discloses errors resulting producer, and not less than the excess 12 cents per hundredweight plus 1.5 cents in money due (a) the market adminis price determined pursuant to § 1004.72 for each 10-mile additional distance, or trator from such handler, (b) such han (b) for excess milk received from such fraction thereof, which such plant is dler from the market administrator, or producer for the months of April through located from such milestone. (c) any producer or cooperative associa June subject to the following adjust (b) For purposes of computations pur tion from such handler, the market ad ments: (l) The butterfat differential suant to §§ 1004.84 and 1004.85 the ministrator shall promptly notify such computed pursuant to § 1004.81, (2) less weighted average price shall be reduced handler of any amount so due and pay the location differential computed pur at the rates set forth in paragraph (a) ment thereof shall be made on or before suant to § 1004.82, and (3) less proper of this section applicable at the location the next date for making payments set deductions authorized in writing by of the plant (s) at which the milk was forth in the provisions under which such such producer: Provided, That if by such received with respect to other source milk error occurred. date such handler has not received full for which a value is computed pursuant Payment from the market administrator to § 1004.70(e) (1) and at the location of § 1004.87 Marketing services. Pursuant to § 1004.85 for such month, the nonpool plant (s) from which the (a) Except as set forth in paragraph he may reduce pro rata his payments to milk was received with respect to other (b) of this section, each handler, in producers by not more than the amount source milk for which a value is com making .payments directly' to producers of such underpayment. Payment to pro puted pursuant to § 1004.70 (e) (2). for milk (other than milk of his own ducers shall be completed thereafter not § 1004.83 Producer-settlement fund. production) pursuant to § 1004.80(a) later than the date for making payments shall deduct 5 cents per hundredweight Pursuant to this paragraph next fol The market administrator shall estab or such lesser amount as the Secretary lowing after receipt of the balance due lish and maintain a separate fund known may prescribe and shall pay such de irom the market administrator; as the ‘‘producer-settlement fund” into ductions to the market administrator on (b) In the case of a cooperative asso which he shall deposit all payments made or before the 18th day after the end of ciation which the market administrator by handlers pursuant to §§ 1004.62 (a) the month. Such money shall be ex determines is authorized by its producer- and (b), 1004.84 and 1004.86 and out of pended by the market administrator to members to collect payment for their which he shall make all payments pur provide market information and to verify “Uik and which has so requested any suant to §§ 1004.85 and 1004.86: Pro the weights, samples and tests of milk of nandler in writing, such handler shall on vided, That the market administrator producers who are not receiving such u0re the 2d day prior to the date on shall offset any such payment due to any service from a cooperative association; wnich payments are due individual pro handler against payment due from such and ducers, pay the cooperative association handler. (b) In the case of producers for whom or milk received during the month from the Secretary determines a cooperative e Producer-members of such associa- § 1004.84 Payments to the producer- settlement fund. association is actually performing the _ n as determined by the market admin- services set forth in paragraph (a) of s rator, an amount equal to not less than On or before the 12th day after the this section, each handler shall make, in e total due such producer-members as end of the month each handler shall pay lieu of the deduction specified in para «f+vI?nined Pursuant to paragraph (a) to the market administrator the amount, graph (a) of this section, such deductions 01 this section; and if any, by which the total amount speci from the payments to be made directly In 0856 milk received by a fied in paragraph (a) of this section ex to such producers pursuant to § 1004.80 in if 6r ^rom a cooperative association ceeds the amounts specified in paragraph (a) as are authorized by such producers ts capacity as a handler such handler (b) of this section: on or before the 18th day after the end No. 169-___ 4 11226 PROPOSED RULE MAKING of each month and pay such deductions a handler’s obligation under this part to § 1004.100 Agents. to the cooperative rendering such pay money shall not be terminated with services. respect to any transaction involving The Secretary may, by designation in fraud or willful concealment of a fact, writing, name any officer or employee of § 1004.88 Expense of administration. material to the obligation, on the part the United States to act as his agent or As his pro rata share of the expense of the handler against whom the obliga representative in connection with any of administration of the order, each tion is sought to be imposed; and of the provisions of this part. handler excluding a cooperative associa (d) Any obligation on the part of the§ 1004.101 Separability o f provisions. tion in its capacity as a handler pur market administrator to pay a handler If any provision of this part, or its suant to § 1004.10(c), shall pay to the any money which such handler claims application to any person or circum market administrator on or before the to be due him under the terms of this stances is hel(jt invalid, the application 18th day after the end of the month four part shall terminate two years after the of such provision and of the remaining cents per hundredweight or such lesser end of the month during which the milk provisions of this part, to other persons amount as the Secretary may prescribe, involved in the claim was received if an or circumstances shall not be affected with respect to (a) producer milk (in underpayment is claimed, or two years thereby. cluding such handler’s own farm pro after the end of the month during which duction) and milk received from a co the payment (including deduction or Proposed by the Dairy Division, Con operative association in its capacity as setoff by the market administrator) was sumer and Marketing Service: a handler pursuant to § 1004.10(c), (b) made by the handler if a refund on such Proposal No. 18. Make such changes other source milk allocated to Class I payment is claimed, unless such handler, in the order as may be necessary to make pursuant to § 1004.46(a) (3) and (7) within the applicable period of time files, the entire marketing agreement and and the corresponding steps of § 1004.46 pursuant to section 8c(15) (A) of the Act, order conform with any amendments (b), and (c) Class I milk disposed of a petition claiming such money. thereto that may result from this from a partially regulated distributing hearing. plant on routes in the marketing area E ffe c tiv e T im e , S u spe n sio n or Still pending before the Department that exceeds Class I milk received during T e r m in a t io n and awaiting a decision is the record of the month at such plant from pool plants § 1004.90 Effective time. the hearing held in Philadelphia, Penn and other order plants. sylvania, on January-18-19, 1965, pur The provisions of this part or any suant to notice thereof which was issued § 1004.89 Termination of obligations. amendment to this part shall become December 31, 1964 (30 F.R. 91). The The provisions of this section shall effective at such time as the Secretary present hearing called for October 4, apply to any obligation under this part may declare and shall continue in force 1965, pursuant to this notice must for the payment of money. until suspended or terminated pursuant necessarily take into account the record (a) The obligation of any handler to to § 1004.91. of the January hearing. Accordingly,: pay money required to be paid under § 1004.91 Suspension or termination. additional evidence may be offered with the terms of this part shall, except as The Secretary may suspend or term reference to the proposals considered at provided in paragraphs (b) and (c) of inate this part or any provisions of this that hearing and not specifically noticed this section, terminate two years after part whenever he .finds this part or any here. the last day of the month dining which provisions of this part obstructs or does This proceeding follows from an an the market administrator receives the not tend to effectuate the declared nouncement by the Department that the handler’s utilization report on the milk policy of the Act. This part shall termi order in its present form may not tend to involved in such obligation, unless within nate, in any event,-whenever the pro effectuate the declared policy of the Act. such two-year period the market ad visions of the Act authorizing it cease to This proceeding therefore is for the pur ministrator notifies the handler that be in effect. pose of considering proposed amend such money is due and payable. Service ments to the Delaware Valley order to of such notice shall be complete upon § 1004.92 Continuing obligations. effectuate the declared policy of the Act. mailing to the handler’s last known ad If upon the suspension or termination The above noticed proposals would dress, and it shall contain but need not of any or all provisions of this part, there amend only the Delaware Valley order. be limited to, the following information: are any obligations thereunder, the final Other proposals have been received which (1) The amount of the obligation; accrual or ascertainment of which re would amend the New York-New Jersey (2) The month(s) during which the quires further acts by any person (in order, and the Upper Chesapeake Bay milk, with respect to which the obliga cluding the market administrator), such order to incorporate the marketing area tion exists, was received or handled; and further acts shall be performed notwith of the Delaware Valley order into the (3) If the obligation is payable to one standing such suspension or termination. marketing areas of those respective or more producers or to an association orders. Consideration of these latter of producers, the name of such pro § 1004.93 Liquidation. proposals would, because they provide for ducer (s) or association of producers, or Upon the suspension or termination the expansion of the scope of the respec if the obligation is payable to the market of the provisions of this part, except this tive orders, require a review of all provi administrator, the account for which it section, the market administrator, or sions of the respective orders as they re is to be paid; such liquidating agent as the Secretary late to an expanded marketing area. (b) If a handler fails or refuses, with may designate, shall, if so directed by This would necessarily result in an ex respect to any obligation under this part, the Secretary, liquidate the business of tended and complicated hearing proce to make available to the market ad the market administrator’s office, dis dure. To avoid this difficulty to the ministrator or his representatives all pose of all property in his possession or degree possible, it has been decided to books and records required by this part control, including accounts receivable, hear, pursuant to this notice, only those to be made available, the market ad and execute and deliver all assignment proposals which would amend the Dela ministrator may, within the two-year or other instruments necessary or ap ware Valley order. period provided for in paragraph (a) of propriate to effectuate any such dis If the record made at this hearing on this section, notify the handler in writing position. If a liquidating agent is so this notice does not provide the basis for of such failure or refusal. If the market designated, all assets, books, and records amending the Delaware Valley order in administrator so notifies a handler, the of the market administrator shall be a manner which would tend to effectuate transferred promptly to such liquidating the declared policy of the Act, then a said two-year period with respect to such subsequent notice will be given of a hear obligation shall not begin until the first agent. If upon such liquidation, the ing to consider the proposals already in day of the month following the month funds on hand exceed the amounts re hand which would amend, respectively, during which all such books and records quired to pay outstanding obligations of the New York-New Jersey and Upper pertaining to sueh obligations are made the office of the market administrator Chesapeake Bay orders. , available to the market administrator and to pay necessary expenses of liqui Copies of this notice of hearing and or his representatives; dating and distribution, such excess shall the order may be procured from the Mar (c) Notwithstanding the provisions of be distributed to contributing handlers ket Administrator, 1528 Walnut Stree®, paragraphs (a) and (b) of this section, and producers in an equitable manner. Philadelphia, Pa., or from the Hearing Wednesday, September 1, 1965 FEDERAL REGISTER 11227 Clerk, Room 112-A, Administration Some of the major air carriers pres ment, and service changes. The term Building, U.S. Department of Agricul ently include in their schedule filings a “service changes” means such changes as ture, Washington, D.C., 20250, or may summary of the changes reflected in each inauguration of new service, stops added be there inspected. revision, and these are of considerable or deleted, new nonstops, new airports, Signed at Washington, D.C., on August assistance to the staff in analyzing the service suspensions, and frequency 27,1965. changes made in the schedules, thus sav changes. Clarence H. G irard, ing considerable man hours and acceler 4. Revise § 231.6 to read as follows: Deputy Administrator, ating the processing of the schedule Regulatory Programs. filings. The Board proposes to amend § 231.6 Number of copies; filing ad Part 231 so as to require that such sum dress. [F.R. Doc. 65-9261; Piled, Aug. 31, 1965; maries be submitted with all new and Each air carrier shall transmit to the 8:47 a.m.] revised schedules filed by air carriers, and Board three copies of each general sched to prescribe a uniform style and content. ule or revised page thereof, and of the Three copies of the summaries would be summary of additions and changes re required, as in the case of the schedules quired by § 231.5, accompanied by a letter CIVIL AERONAUTICS BOARD themselves, and a minimum type-size of transmittal (in duplicate if a receipt is [14 CFR Part 231 1 prescribed for the latter. Incidental desired) listing the general schedule or [Docket No. 16454] amendments would eliminate the pro revised pages and summary that are viso to § 231.1 as obsolete, and correct transmitted for filing. The letter of SUMMARIES OF NEW GENERAL statutory citations in § 231.5(b). transmittal and listed enclosures shall be SCHEDULES OR AMENDMENTS Proposed rule. The Board proposes included in one package addressed to: to amend Part 231 of its economic reg Notice of Proposed Rule Making ulations (14 CFR Part 231) as follows: Civil Aeronautics Board, Office of the Secre tary, Washington, D.C., 20428. August 26, 1965. 1. Amend §231.1 by changing the colon preceding the proviso to a period '[F.R. Doc. 65-9259; Filed, Aug. 31, 1965; Notice is hereby given that the Civil and deleting the proviso. 8:47 a.m.] Aeronautics Board has under considera 2. Revise § 231.2 to read as follows: tion amendments to Part 231 of the Board’s economic regulations (14 CFR § 231.2 Form of schedules. Part 231) so as to require the filing of All general schedules and amendments FEDERAL AVIATION AGENCY summaries of all new general schedules thereto shall be in loose-leaf form, with [1 4 CFR Part 39 1 or amendments thereof filed by any air pages 8V2 by 11 inches in size, and shall carrier pursuant to the provisions of that be plainly typewritten, stereotyped, or [Docket No. 6877] part. mimeographed on durable paper in not AIRWORTHINESS DIRECTIVES The principal features of the proposed less than 8-point bold or full-face type: amendment are described in the attached Provided, That not less than 6-point bold -Fairchild Model F—27 Series Airplanes Explanatory Statement. The amend or full-face type may be used for ex ments are proposed under the authority planations of reference marks when such The Federal Aviation Agency is consid of sections 204(a) and 405(b) of the explanations appear on the page where ering amending Part 39 of the Federal Federal 'Aviation Act of 1958 (72 Stat. the reference marks are used. Each Aviation Regulations by adding an air 743, 760; 49 U.S.C. 1324, 1375). page shall be printed on one side only, worthiness directive applicable to Fair- - Interested persons may participate in and shall have a left margin at least one child Model F-27 Series airplanes. There the rule making proceeding through the inch wide. has been corrosion of the magnesium submission of ten (10) copies of written aileron control sectors on Fairchild F-27 data, views, or arguments pertaining 3. Amend § 231.5 by revising para airplanes that could result in complete thereto, addressed to the Docket Section, graph (b) and adding a new paragraph failure of the aileron control sector Civil Aeronautics Board, Washington, (d) to read as follows: wheels and loss of aileron control. Since D.C., 20428. this condition is likely to éxist or develop Air carriers are invited to comment § 231.5 Additions and changes. in other airplanes of the same type de upon the extent of the additional report * * * * * sign, the proposed AD would require re ing burden which would result from the (b) Any change in an existing sched petitive reinspection of these sectors and adoption of the proposed rule. ule on which mail is being transported repair if corrosion is found until replace All relevant matter in communications shall be filed with the Board at least 10 ment with modified sectors on the subject received on or before October 1,1965, will days prior to the effective date of such airplanes. be considered by the Board before taking 'Change: Provided, however, That any Interested persons are invited to par action. Copies of all such communica change in schedule, or the addition of a ticipate in the making of the proposed tions will be available for examination new schedule, required by an order of rule by submitting such written data, by interested persons in the Docket Sec the Postmaster General under section views, or arguments as they may desire. tion of the Board, Room 710, Universal 405 (b) of the act shall be filed with the Communications should identify the Building, 1825 Connecticut Avenue NW., Board by the air carrier on or before the docket number and' be submitted in Washington, D.C., upon receipt thereof. effective date of such order: And pro duplicate to the Federal Aviation Agency, vided further, That if the Board post Office of the General Counsel, Attention: By the Civil Aeronautics Board. pones the effective date of any such order Rules Docket, 800 Independence Avenue [seal] H arold R. Sanderson, pursuant to section 405(b) of the act, the SW., Washington, D.C., 20553. All com Secretary. air carrier shall revise its general sched munications received on or before Octo Explanatory statement. Each air car ule to conform to the action taken on ber 1,1965, will be considered by the Ad rier authorized to engage in air transpor such order by the Board and shall make ministrator before taking action upon tation is required under Part 231 of the such revision as promptly as possible, but the proposed rule. The proposals con Economic Regulations to file with the not more than 10 days after the effective tained in this notice may be changed in date of such order. the light of comments received. All Board general schedules showing the comments will be available, both before Points between which they are author No t e : For related provisions applicable to ized to engage in air transportation, all Alaskan Air Carriers, see § 292.4 of this sub and after, the closing date for comments, schedules of aircraft which will be op chapter. in the Rules Docket for examination by * * * * * interested persons. erated by them between such points on This amendment is proposed under the the date the general schedule becomes (d> Each filing made pursuant to this effective, the time of arrival and depar authority of sections 313(a), 601, and 603 ture at each point, and the frequency of section shall be accompanied by a sum of the Federal Aviation Act of 1958 (49 each schedule. The regulation also es mary sheet of all additions and changes, U.S.C.1354(a),1421,1423). tablishes the form of such schedules and furnishing, under appropriate reference In consideration of the foregoing, it is the procedures for filing new schedules to schedule pages and flight numbers, all proposed to amend § 39.13 of Part 39 of and schedule amendments. pertinent data concerning time, equip the Federal Aviation Regulations by add- 11228 PROPOSED RULE MAKING ing the following new airworthiness operator if the request contains substanti order does not limit our power to order a directive: ating data to .Justify the increase for such lower rate of interest, or none, where there operator. are equitable considerations justifying such F airchild. Applies to Model F-27 Series air a course of action. planes. Issued in Washington, DiC., on August Compliance required as indicated. 25,1565. The same reasoning is applicable to To prevent further corrosion of the mag C.W. Walker, the payment of interest on refunds due nesium aileron control sectors, accomplish Acting Director, with respect to royalties or gas taxes the following: Flight Standards Service: paid to federal or state governmental (a) For airplanes with aileron sectors, authorities. We, therefore, propose to P/N’s 27-727207-21, 27-727208-21, 27-727209- [F.R. Doc. 65-9229; Filed, Aug. 31, 1965; 21, 27-727300-21, and 27-727381-21, with 8:45 a.m.] limit the interest requirement on refunds two or more years’ installed time on the ef under § 154.102 in pending or future rate fective date of this AD, comply with para proceedings where producers are required graph (c) within the next four weeks after by law to pay royalties and/or gas taxes the effective date of this AD, unless already to federal or state governmental authori accomplished within the last twelve weeks. FEDERAL POWER COMMISSION ties to the amount of interest, if any, that (b) For airplanes with aileron sectors the producer is reimbursed by the federal specified in paragraph (a ), with less than two [ 18 CFR Part 154 1 years’ installed time on the effective date of [Docket No. Rr-280] or state governmental authorities for the this AD, comply with paragraph (c) before overpayment of royalties or gas taxes. the accumulation pf two years and four RATE SCHEDULES AND TARIFFS 4. Any interested person may submit weeks installed time, unless already accom to the Federal Power Commission by Oc plished within the last twelve weeks. Interest on Refunds of Portion of In tober 19, 1965, data, views, and com (c) Visually inspect all surfaces Of each creased Rates of Independent Pro ments in writing concerning the amend aileron sector for corrosion. ducers ment proposed herein. The Commission N o te: Aileron sectors, P/N’s 27-727207-21, August 26,1965. will consider these written submittals be 27-727208-21, 27-727209-21 are located under 1. Notice is given pursuant to section 4 fore taking any action upon the proposed the cockpit floor, on the auxiliary shaft at of the Administrative Procedure Act that amendment. An original and nine copies Fuselage Station 129.917, approximately 20 of any such submittals should be filed. inches to the left and right of the center the Commission proposes to amend § 154.102 of the regulations under the 5. Proposed amendments to § 154.102 of fuselage. Aileron sector, P/N 27-727300- in paragraph (c) and in the addition of 21, is located in the left wing center section Natural Gas Act to provide relief, under at Wing Station 54.135, and is mounted on certain conditions, to an independent a new paragraph (f ) are proposed to be the aft face of the wing rear spar. Aileron producer from his obligation to pay in issued under the authority granted by sector, P/N 27-727381-21, is located in both terest on that portion of a refund repre the Natural Gas Act, as amended, par the left and right wing outer panel, at Wing senting royalties and taxes which he is ticularly sections 4, 5, and 16 thereof Station 398.320 and is mounted on the aft required to pay to federal or state gov (52 Stat. 822, 823, 830; 15 U.S.C. 717c, face of the Wing rear spar. During the in ernmental authorities. 171d, 717o). spection required by paragraph (c), par 6. Accordingly, it is proposed to amend ticular attention should be given to the cable 2. Section 154.102(c) of the Commis § 154.102, Subchapter E, regulations un groove, ball socket and ball sleeve. sion’s regulations under the Natural Gas Act provides, among other things, that der the Natural Gas Act, Chapter I of (1) If corrosion is found, before further the independent producer shall be obli Title 18 of the Code of Federal Regula flight except that the airplane may be flown tions, by amending paragraph (c) and in accordance with FAR 21.197 to a base gated to refund, with interest at the rate adding a new paragraph (f) to § 154.102, where the repair can be made— of 7 percent per annum, the portion of (1) Replace the part with an unused part the increased rate for the jurisdictional as follows: of the same part number or an equivalent sale of natural gas which is found to be § 154.102 Suspended changes in rate approved by the Chief, Engineering and Man unjustified by the Commission. In re schedules; motions to m ak e ^effective ufacturing Branch, FAA Eastern Region, arid gard to this provision, we have been re at end of period of suspension; pro* comply with paragraph (c) within two years cedure. from the inspection; quested to issue a declaratory order (ii) Replace the part with Fairchild Hiller relieving the producer of the obligation ***** aluminum aileron sector P/N 27-727207-23, to pay interest on the royalty portion of (c) The independent producer shall 27-727208-23, 27-727209-23, 27-727300-23; or the increased rate found to be unjusti be obligated to refund at such times and 27-727381-23 as applicable, or an equivalent fied where the United States, as lessor, in such amounts to the persons entitled approved by the Chief, Engineering and Man requires the producer to pay, without thereto, and in such manner as may be ufacturing Branch, FAA Eastern Region; or provision for refunding interest thereon, required by final order of the Commis (iii) Remove the corrosion in accordance the royalty portion of the increased rate with paragraph (d) and reinspect in accord sion, the portion of any increased rate ance with paragraph (c) at intervals not to notwithstanding the possibility that all found by the Commission in that pro exceed 16 weeks from the last inspection. or part of such payment may subse ceeding not justified, together with in If corrosion is found, comply with subpara quently be ordered by the Commission terest thereon at the rate of 7 percent graph (c)(1). ' to be refunded to the pipeline purchaser. per annum from the date of payment to (2) If no corrosion is found, comply with 3. The issue involved here has been the producer until refunded, except as paragraph (c) within one year from the raised before. In our order issued May 8, provided in paragraph (f) of this sec inspection. 1964; in The Nueces Co. (Operator), tion; to bear all costs of any such re (d) Remove corrosion from aileron sectors, Docket No. RI62-207, 31 F P C ___ , in P/N’s 27-727207-21, 27-727208-21, and 27- funding; to keep accurate accounts in 727209-21, in accordance with Fairchild relieving the producer of the requirement detail of all amounts received by reason Service Letter No. 811, dated April 12, 1965, to pay interest on the invalidated tax of the increased rates or charges effec or later FAA-approved revision or an FAA- paid to the State of Texas where the tive as provided in the order, for each approved equivalent; from aileron sector, producer itself was not reimbursed in billing period, specifying by whom and P/N 27-727300-21, in accordance with Fair- terest thereon by the state, we held: in whose behalf such amounts were paid; child Service Letter No. 307 dated Septem and to report in writing and under oath ber 17, 1963, or later FAA-approved revision This is consistent with our March 5, 1962, or an FAA-approved equivalent; from aileron order issued in Texaco Inc., et al., Docket to the Commission monthly, or quarterly sector P/N 27-727381-21, in accordance with No. G—15546, et al., where we dealt with a if he so elects and so notifies the Com Fairchild Service Letter No. 306, dated Au similar problem arising out of the nnconsti- mission within 30 days from the date gust 22, 1963, or later FAA-approved revision tutionality of a Louisiana gas gathering tax. the Secretary notifies the producer that or an FAA-approved equivalent. As in the Texaco case, there is no justifica the increased rates may be effective, for (e) Upon request of the operator, an FAA tion for requiring Nueces to refund more each billing period, and for each pur maintenance inspector, subject to prior ap than a proportionate part of the interest re chaser the billing determinants of nat" proval of the Chief, Engineering and Manu ceived from the State of Texas, particularly ural gas sales to such purchasers, and the facturing Branch, FAA Eastern Region, may in view of the fact that Nueces did not have adjust the repetitive inspection intervals use of the money resulting from the increase revenues resulting therefrom, as com specified in this AD to permit compliance in rate. The mere fact that a 7 percent rate puted under the rates in effect immedi at an established inspection period of the of interest was provided for in the suspension ately prior to the effective aate of the Wednesday, September 1, 1965 FEDERAL REGISTER 11229 change, and under the rates which be come effective pursuant to the motion, together with the differences in the rev enues so computed; ^ * * * * * (f) No interest is required to be paid on any portion of a refund which repre sents payments of royalties or taxes to federal or state governmental authori ties, where such authorities require pay ment of royalties or taxes on amounts collected subject to refund, unless and to the extent that such authorities pay interest to the producer when refunding overpayments of royalties or taxes. (Secs. 4, 5,16, 52 Stat. 822, 823, 830; 15 TJ.S.C. 717c, 717D, 717o) By direction of the Commission. G ordon M. G rant, Acting Secretary. [F.R. Doc. 65—9232; Filed, Aug. 31, 1965; 8:45 ajn.] Notices
of unusual value, classes A and B explo intermediate points. N o t e : Applicant INTERSTATE COMMERCE sives, household goods as defined by the states that jthe above-proposed routes, Commission, commodities in bulk, and (1) through (3), will be restricted against COMMISSION those requiring special equipment), (1) the handling of any traffic originating at [Notice No. 810] between Decatur and Pana, 111., over UB. or destined to Lubbock, Tex., and/or Am Highway 51, (2) between Springfield, arillo, Tex. Applicant also states that it MOTOR CARRIER, BROKER, WATER HI., and St. Louis, Mo., over U.S. Highway intends to serve all off-route points with CARRIER AND FREIGHT FOR 66, and (3) between Decatur, HI., and in 1 mile of regular routes over which WARDER APPLICATIONS junction Illinois Highway 48 and U.S. intermediate points are sought to be Highway 66 over Illinois Highway 48, served. If a hearing is deemed necessary, A ugust 27,1965. serving no intermediate points In CD , applicant requests it be held at Dallas, The following applications are gov (2), and (3) above, as alternate routes Tex. erned by Special Rule 1.2471 of the Com for operating convenience only, in con No. MC 2229 (Sub-No. 134), filed Au mission’s general rules of practice (49 nection with applicant’s authorized reg gust 13, 1965. Applicant: RED BALL CFR 1.247), published in the F ederal ular-route operations. N o t e : If a hear MOTOR FREIGHT, INC., 3177 Irving R egister, issue of December 3, 1963, ef ing is deemed necessary, applicant re Boulevard, Post Office Box 10837, Dallas, fective January 1, 1964. These rules quests it be held at Indianapolis, Ind. Tex., 75207. Authority sought to operate provide, among other things, that a pro No. MC 441 (Sub-No. 4), filed August as a common carrier, by motor vehicle, test to the granting of an application 9, 1965. Applicant: HINTON MOTOR over regular routes, transporting: Gen must be filed with the Commission with SERVICE, -INC., 401 Gardner Express eral commodities, including classes A in 30 days after date of notice of filing way, Quincy, 111. Applicant’s represent and B explosives (but excepting com of the application is published in the ative: Mack Stephenson, 42 Fox Mill modities in bulk, household goods as F ederal R egister. Failure seasonably to Lane, Springfield, HI., 62707. Authority defined by the Commission and com file a protest will be construed as a sought to operate as a contract carrier, modities which because of size or weight waiver of opposition and participation by motor vehicle, over irregular routes, require the use of special equipment): in the proceeding. A protest under these transporting: Paper products, from (1) Between Memphis, Tenn., and West rules should comply with § 1.40 of the Quincy, 1 1 1 .,-to points in Indiana (except Monroe, La.; from Memphis over U.S. general rules of practice which requires Evansville, Indianapolis, Vincennes, Bed Highway 61 to Leland, Miss., thence over that it set forth specifically the grounds ford and Gas City, Ind.). N o t e : If a U.S. Highway 82 to Montrose, Ark., upon which it is made and specify with hearing is deemed necessary, applicant thence over U.S. Highway 165 to Mon particularity the facts, matters, and requests it be held at Springfield, 111. roe, La., thence over UJS. Highway 80 to things relied upon, but shall not include No. MC 2228 (Sub-No. 47), filed August West Monroe and return over the same issues or allegations phrased generally. 16, 1965. Applicant: MERCHANTS route, serving the intermediate point of Protests not in reasonable compliance FAST MOTOR LINES, INC., East U.S. Monroe, La.; (2) between Montrose, with the requirements of the rules may Highway 80, Post Office Drawer 270, Abi Ark., and West Monroe, La.; from Mont be rejected. The original and six (6) lene, Tex., 79604. Applicant’s represent rose over U.S. Highway 82 to junction copies of the protest shall be filed with atives: Reagan Sayers, 3d Floor, Century Arkansas Highway 81, thence over Ar the Commission, and a copy shall be Life Building, Fort Worth, Tex., 76102 kansas Highway^, 81 to the Arkansas- served concurrently upon applicant’s and Jerry Prestridge, Post Office Box Louisiana State line, thence over Louisi representative, or applicant if no rep 1148, Austin, Tex., 78763. Authority ana Highway 139 to Bastrop, La., thence resentative is named. If the protest in sought to operate as a common carrier, over U.S. Highway 165 to -Monroe, cludes a request for oral hearing, such by motor vehicle, over regular routes, La., thence over U.S. Higway 80 to request shall meet the requirements of transporting: General commodities (ex West Monroe and return over the same § 1.247(d) (4) of the special rule. Sub cept those of unusual value, household route, serving the intermediate point of sequent assignment of these proceedings goods as defined by the Commission,- Monroe, La.; and (3) between junction for oral hearing, if any, will be by Com commodities in bulk, commodities re U.S. Highways 65 and 82 and West Mon mission order which will be served on quiring special equipment and those in roe, La.; from junction U.S. Highways each party of record. jurious or contaminating to other lad 65 and 82 over U.S. Highway 65 to Eu- The publications hereinafter set forth ing) , (1) between junction U.S. Highway dora, Ark., thence over Arkansas High reflect the scope of the applications as 180 and Texas Farm to Market Road 1757 way 159 to the Arkansas-Louisiana State filed by applicants, and may include (approximately 9 miles west of Seminole, line, thence over Louisiana Highway 17 descriptions, restrictions, or limitations Tex.), and Hobbs, N. Mex., over U.S. to Oak Grove, La., thence o v er Louisiana which are not in a form acceptable to Highway 180, serving all intermediate Highway 2 to Bastrop, La., thence over the Commission. Authority which ulti points; (2) between junction Texas U.S. Highway 165 to Monroe, La., thence mately may be granted as a result of the Highway 176 and Texas Farm to Market over U.S. Highway 80 to West Monroe applications here noticed will not neces-} Road 181 (near Frankel City, Tex.) , and and return over the same route, serving sarily reflect the phraseology set forth Eunice, N. Mex.; from junction Texas the intermediate point of Monroe, La. in the application as filed, but also will Highway 176 and Texas Farm to Market N o t e : Applicant states that it presently eliminate any restrictions which are not Road 181 (near Frankel City, Tex.), operates between Memphis, Tenn., bn the acceptable to the Commission. over Texas Highway 176 to the Texas- one hand, and, on the other, Monroe and No. MC 151 (Sub-No. 28), filed August New Mexico State line, thence over New West Monroe, La., with said authority 13, 1965. Applicant: LOVELACE Mexico Highway 176 to Eunice and re restricted against transporting any ship- " TRUCK SERVICE, INC., 425 North Sec turn over the same route, serving all ment over its existing routes moving be ond Street, Terre Haute, Ind. Appli intermediate points; (3) between Kermit, tween Memphis, Tenn., on the one hand, cant’s representative: Ferdinand Born, Tex.; and Hobbs, N. Mex.; from Kermit and, on the other} Monroe and West 1017-19 Chamber of Commerce Building, over Texas Highway 18 to the Texas-New Monroe, La. The purpose of this apph' Indianapolis 4, Ind. Authority sought Mexico State line, thence over New Mexi cation is to remove said restriction inso to operate as a common carrier, by motor co Highway 18 to Hobbs and return over far as it relates to service between Mem- vehicle, over regular routes, transport the same route, serving all intermediate phis, Tenn., and Monroe and West Mon ing: General commodities (except those points; (4) between Snyder, Tex., and roe, La. If a hearing is deemed neces Lamesa, Tex., over U.S. Highway 180, held 1 Copies of Special Rule 1.247 can be ob sary, applicant requests it be at tained by writing to the Secretary, Interstate serving no intermediate points; and (5) Memphis, Tenn., or Monroe, La. Commerce Commission, Washington, D.C., between Big Spring, Tex., and Andrews, No. MC 2974 (Sub-No. 27), filed Au 20423. Tex., over Texas Highway 176, serving no gust 17, 1965. Applicant: O. I- 11230 Wednesday, September 1, 1965 FEDERAL REGISTER 11231 TRANSIT CORPORATION, Commerce No. MC 14702 (Sub-No. 11), filed Au fined by the Commission, commodities in Drive, Port Wayne, Ind. Applicant’s gust 16, 1965. Applicant: OHIO FAST bulk and those requiring special equip representative: Ferdinand Born, 1019 FREIGHT, INC., Post Office Box 808, ment) , between Grenada, Miss., and Pas Chamber of Commerce Building, Indian Warren, Ohio. Applicant’s representa cagoula, Miss.; from Grenada over U.S. apolis, Ind. Authority sought to operate tive: Paul F. Beery, 100 East Broad Highway 51 (also over Interstate High as a common carrier, by motor vehicle, Street, Columbus, Ohio, 43215. Author way 55) to Vaiden, Miss., thence over over regular routes, transporting: Furni ity sought to operate as a common car Mississippi Highway 35 to Mount Olive, ture, iron or steel or with iron or steel rier, by motor vehicle, over irregular Miss., thence over U.S. Highway 49 to frames, from the plantsite of Lee L. routes, transporting: Aluminum and Gulfport, Miss., thence over U.S. High Woodard Sons, Inc., at Owosso, Mich., to aluminum articles, between Oswego, N.Y., way 90 to Pascagoula and return over the Lansing, Mich.; from the plantsite of on the one hand, and, on the other, Fair same route, serving the intermediate Lee L. Woodard Sons, Inc., at- Owosso mont, W. Va. Note: If a hearing is points of Biloxi and Gulfport, Miss., and over Michigan Highway 47 to junction deemed necessary, applicant requests it those off-route points in Jackson, Har Michigan Highway 78, thence over Mich be held at Washington, D.C. rison, and Hancock Counties, Miss., and igan Highway 78 to Lansing, serving no No. MC 15881 (Sub-No. 12), filed Au the site of the National Aeronautics and intermediate points. Note: If a hearing gust 16, 1965. Applicant: FERGUSON Space Administration Centralized Test is deemed necessary, applicant requests TRANSPORTATION CO., a corporation, ing Site, located in Hancock County, it be held at Chicago, HI., or Lansing, 445 East Seventh Street, Bloomsburg, Miss., and Saint Tammany Parish, La., Mich. Pa. Applicant’s representative: James near Santa Rosa and Gainesville, Miss. No. MC 8744 (Sub-No. 5), filed August W. Hagar, Commerce Building, Post Note : Applicant states that it intends to 12, 1965. Applicant: CONSOLIDATED Office Box 432, Harrisburg, Pa., 17108. tack the above proposed authority at MOTOR EXPRESS, INC., Post Office Authority sought to operate as a common Grenada, Miss., with its authority pre Box 963, Bluefleld, W. Va. Applicant’s carrier, by motor vehicle, over irregular viously granted wherein applicant, is representative: S. Harrison Kahn, Suite routes, transporting: (1) Foodstuffs presently authorized to serve points in 733, Investment Building, Washington, (other than frozen and excluding com the States of Mississippi, Tennessee, and D.C. Authority sought to operate as a modities in'bulk in tank or hopper type Arkansas. Note: If a hearing is deemed common carrier, by motor vehicle, over vehicles), and advertising materials and necessary, applicant requests it be held irregular routes, transporting: Malt bev displays, and dispensing equipment, and at Biloxi, Miss. erages and advertising material used in premiums, when moving in connection No. MC 28060 (Sub-No. 14) (Amend the sale and promotion of malt bever with foodstuffs (except in bulk in tank ment) , filed June 25,1965, published F ed ages, from Milwaukee, Wis.; Cleveland, or hopper type vehicles), from Berwick, eral R egister issue of July 15, 1965, Ohio; Newport and Louisville, Ky.; Bal Pa., to points in Connecticut, Delaware, amended August 6,1965, and republished, timore, Md.; Port Wayne, Ind., and Maryland, Massachusetts, New Hamp as amended,^ this issue. Applicant: Pittsburgh, Pa., to points in McDowell, shire, New Jersey, New York, North Car WILLERS, INC., doing business as WIL- Wyoming, Mingo, Mercer, Raleigh, olina, Ohio, Rhode Island, Virginia, West LERS TRUCK SERVICE, 1400 North Payette, Summers, Greenbrier, and Virginia, and the District of Columbia, Cliff Avenue, Sioux Falls, S. Dak., 57101. Nicholas Counties, W. Va., and empty and (2) packing materials, machinery Applicant’s representative: A. R. Fowler, malt beverage containers, on return. and equipment used in the manufacture 2288 University Avenue, St. Paul (14), Note: If a hearing is deemed necessary and packing of foodstuffs (other than Minn. Authority sought to operate as applicant requests it be held at Bluefleld, frozen and excluding commodities in a common carrier, by motor vehicle, over W. Va. bulk in tank or hopper type vehicles), irregular routes, transporting: General No. MC 10472 (Sub-No. 25), filed Au from points in the above destination ter commodities (except those of unusual gust 18, 1965. Applicant: BYERS ritory to Berwick, Pa. Note: If a hear value, classes A and B explosives, house TRANSPORTATION COMPANY, INC., ing is deemed necessary, applicant re hold goods as defined by the Commission, 4200 Gardner, Kansas City, Mo. Appli quests it be held at Washington, D.C. livestock, commodities in bulk, other cant’s representative: Lowell L. Knip- No. MC 21170 (Sub-No. 116), filed Au than feed and seed, and commodities re uieyer, 28th Floor, Power and Light gust 19, 1965. Applicant: BOS LINES, quiring special equipment), between Building, Kansas City, Mo., 64105. Au INC., 408 South 12th Avenue, Marshall Sioux Falls, S. Dak., and Inver Grove thority sought to operate as a common town, Iowa. Authority sought to oper Heights, Minn. Note: The purpose of carrier, by motor vehicle, over irregular ate as a common carrier, by motor vehi this republication is to broaden the scope routes, transporting: Meat, meat prod cle, over irregular routes, transporting: of the application and to add applicant’s ucts, meat byproducts and articles dis Foodstuffs, from Des Moines, Fort Dodge, representative. If a hearing is deemed tributed by meat packinghouses, as de and Webster City, Iowa, to points in necessary, applicant requests it be held scribed in sections A and C of appendix Connecticut, Delaware, the District of at Minneapolis, Minn. I to the report in Descriptions in Motor Columbia, Illinois, Michigan, Minnesota, No. MC 30837 (Sub-No. 319), filed Au Carrier Certificates, 61 M.C.C. 209 and Maryland, Massachusetts, New Jersey, gust 9, 1965. Applicant: KENOSHA 766 (except hides and commodities in New York, Pennsylvania, Rhode Island, AUTO TRANSPORT CORPORATION, bulk, in ta n k vehicles), from the plant- Virginia, West Virginia, Ohio, and Wis 4519 76th Street, Kenosha, Wis. Appli site of Missouri Beef Packers, Inc., lo consin. Note: Applicant states that the cant’s representative: Paul F. Sullivan, cated a t or near Phelps City, Mo., to purpose of this application is to remove Federal Bar Building, 1815 H Street Points in Illinois, Iowa, Kansas, Missouri, a gateway point. Applicant is presently NW„ Washington, D.C. Authority and Nebraska. Note : If a hearing is authorized to serve the origins and desti sought to operate as a common carrier, deemed necessary, applicant requests it nations by virtue of its original certifi by motor vehicle, over irregular routes, oe held a t Kansas City, Mo. cate and subs thereto by operating transporting: Knocked down automo No. MC 10761 (Sub-No. 180), filed Au- through several gateway points in Mis biles, automobile parts, and automobile S£; 9’1965* Applicant: TRANSAMER- souri. If a hearing is deemed necessary, body jigs, from Kenosha and Milwaukee, JCAN FREIGHT LINES, INC., 1700 applicant requests it be held in Wash Wis., to ports of entry on the interna «ortti Waterman Avenue, Detroit 9, ington, D.C. tional boundary line between the United aii Applicant’s representative: How- No. MC 22179 (Sub-No. 9), filed August States and Mexico located at Laredo, 111 » ’ Suite 61.6-618, Fidelity Building, 9, 1965. Applicant: DUDLEY E. FREE Tex. Note: If a hearing is deemed ¿fioru 0nument Circle, Indianapolis, Ind., MAN, doing business as FREEMAN necessary, applicant requests it be held ^04. Authority sought to operate as TRUCK LINE, Jackson Avenue, Oxford, at Chicago, 111., or Washington, D.C. iYt*niflon carr^er> by motor vehicle, over Miss. Applicant’s representative: John No. MC 31389 (Sub-No. 72), filed Au * routes, transporting: Frozen Paul Jones, 189 Jefferson Avenue, Mem gust 6, 1965. Applicant: McLEAN nii« • *rom Elmira, N.Y., to points in phis, Tenn., 38103. Authority sought to TRUCKING COMPANY, a corporation, ivricc°^’ •Indiana. Michigan, Ohio, and operate as a common carrier, by motor Post Office Box 213, Winston-Salem, ussouri, and refused and damaged ship- vehicle, over regular routes, transport N.C. Applicant’s representative: Fran is Ho 011 re *;u rn ' Note: If a hearing ing: General commodities (except those cis W. Mclnemy, 1000 16th Street NW., w -
Robert E. Tate, 2031 Ninth Avenue cluding fats and chemicals), in bulk, in M.C.C. 209 and 766, from Forth Worth, South, Birmingham, Ala. Authority tank, hopper and dump vehicles, for use Tex., to points in Connecticut, Delaware, sought to operate as a common carrier, in animal and poultry feeds, from Balti District of Columbia, Maine, Maryland, by motor vehicle, over irregular routes, more, Md., to points in Kent and Sussex Massachusetts, New Hampshire, New transporting: Veneer, from Newport, Vt., Counties, Del. Note: If a hearing is Jersey, New York, Pennsylvania, Rhode to Dothan, Ala. Note: If a hearing is deemed necessary, applicant requests it Island, and Vermont. Note: If a hear deemed necessary, applicant requests it be held at Washington, D.C. ing is deemed necessary, applicant re be held at Mobile, Ala. No. MC 115379 (Sub-No. 25), filed Au quests it be held at Dallas. Tex. No. MC 115379 (Sub-No. 24), filed Au gust 18, 1965. Applicant: JOHN D. Nq. MC 115491 (Sub-No. 74), filed gust 18, 1965. Applicant: JOHN D. BOHR, Jr., Post Office Box 217, Annville, August 16, 1965. Applicant: COMMER BOHR, JR., Post Office Box 217, Annville, Pa... Applicant’s representative: Chris CIAL CARRIER CORPORATION, 502 Pa. Applicant’s representative: Chris tian V. Graf, 407 North Front Street, East Bridgers Avenue, Auburndale, Fla. tian V. Graf, 407 North Front Street, Harrisburg, Pa. Authority sought to Authority sought to operate as a com Harrisburg, Pa. Authority sought to op operate as a common carrier, by motor mon carrier, by motor vehicle, over ir erate as a common carrier, by motor ve vehicle, over irregular routes, transport regular routes, transporting: Frozen hicle, over irregular routes, transporting: ing: (1) Fish meal, fish scrap, fish solu foods, from Elmira, N.Y., to points in (1) Fish scrap and fish meal, in bags for bles and fish oil, from points in North Illinois, Indiana, Michigan, and Ohio. use and consumption only in animal and ampton County, Va., to points in Mary Note: If a hearing is deemed necessary, poultry feeds and in fertilizer, from land, Pennsylvania, New Jersey, and applicant requests it be held at St. Louis, Lewes, Del., to Denton and Hagerstown, Delaware, and (2) fish solubles, in bulk, Mo. Md., Rohrerstown, Allentown, and York, from Lewes, Del., to points in that part No. MC 115826 (Sub-No. 78), filed Pa., Romney, W. Va., Cartersville, Ga., of Pennsylvania east of a line beginning August 19, 1965. Applicant: W. J. Akron and Wooster, Ohio, and Lakewood, at the Pennsylvania-Maryland State line DIGBY, INC., Post Office Box 5088 N.J., (2) dry meat scrap, in bags, for and extending along U.S. Highway 220 to Terminal Annex, Denver, Colo. Author use in animal and poultry feeds, (a) junction U.S. Highway 15, thence along ity sought to operate as a common car from Philadelphia, and Bristol, Pa., to U.S. Highway 15 to the Pennsylvania- rier, by motor vehicle, over irregular points in New Castle County, Del.,^and New York State line. Note: If a hear routes, transporting: Bananas, from Cecil County, Md., (b) from Baltimore, ing is deemed necessary, applicant re Freeport, Tex., to points in Colorado, Md., to "points in New Castle County, quests it be held at Washington, D.C. Iowa, Nebraska, Minnesota, Kansas, Del., (3) dry meat scrap and other dry No. MC 115491 (Sub-No. 71), filed Au Missouri, South Dakota, and Illinois. feed ingredients (except phosphate rock, gust 12, 1965. Applicant: COMMER Note: If a hearing is deemed necessary, lime, limestone, and products thereof CIAL CARRIER CORPORATION, 502 applicant requests it be held at New crushed, ground and pulverized) used in East Bridgers Avenue, Auburndale, Fla. Orleans, La. the manufacture of prepared animal and Authority sought to operate as a No. MC 115841 (Sub-No. 247), filed poultry feed, in bags, (a) from Tuckerton common carrier, by moior vehicle, over August 18,1965. Applicant: COLONIAL and Port Monmouth, N.J., to points in irregular routes, transporting: Meats, REFRIGERATED TRANSPORTATION, that part of Maryland east of the Ches meat products, meat byproducts, and • INC., 1215 Bankhead Highway West, Post apeake Bay and south of the Chesapeake articles distributed by meat packing Office Box 2169, Birmingham, Ala. Au and Delaware Canal, points in Accomack houses, as described in sections A and C thority sought to operate as a common and Northampton Counties, Va., and of appendix I to the report in Descrip carrier, by motor vehicle, over irregular Delaware, (b) from Wildwood, N.J., to tions in Motor Carrier Certificates, 61 routes, transporting: Bananas, coco Delmar, Del., (c) from points in New M.C.C. 209 and 766 (except hides and nuts, and pineapples, from Freeport, Jersey (except points in Burlington, commodities in bulk, in tank vehicles), Tex., to points in Kansas, Nebraska, Gloucester, Salem, Cumberland, Cape from the plantsite of Missouri Beef Pack Oklahoma, Arkansas, Illinois, Indiana, May (excluding Wildwood), Atlantic ers, Inc., located at or near Phelps City, Iowa, Wisconsin, Michigan, Missouri, and Camden Counties, N.J.)., to points Mo., to points in Alabama, Florida, Ohio, Tennessee, Alabama, and Missis ta that part of Maryland east of the Georgia, North Caroliiia, and South sippi. Note: If a hearing is deemed Chesapeake Bay and south of the Chesa Carolina, restricted to traffic originat necessary, applicant requests it be held peake and Delaware Canal, points in Ac ing at the plantsite of Missouri Beef at San Antonio, Tex. comack and Northampton Counties, Va., Packers, Inc., located at or near Phelps No. MC 116073 (Sub-No. 33), filed Au and Delaware, (d) from points in Adams, City, Mo. Note: If a hearing is deemed gust 19, 1965. Applicant: BARRETT Berks, Bucks, Carbon, Chester, Cum necessary, applicant requests it be held MOBILE HOME TRANSPORT, INC., berland, Dauphin, Delaware, Lancaster, at Kansas City, Mo., or Omaha, Nebr. 1825 Main Avenue, Moorhead, Minn. Lebanon, Lehigh (except Allentown, Pa.), No. MC 115491 (Sub-No. 72), filed Applicant’s representatives: Donald E. Luzerne, Monroe, Montgomery, North August 16, 1965. Applicant: COMMER Cross, Munsey Building, Washington, ampton (except Nazareth, Pa.), Phila- CIAL CARRIER CORPORATION, 502 D.C., and Allen Foss, First National Bank eiphia, Schuylkill, and York Counties, East Bridgers Avenue, Auburndale, Fla. Building, Fargo, N. Dak. Authority * P0“1*15 in that part of Maryland Authority sought to operate as a com sought to operate as a common carrier, th ?íuthe Chesapeake Bay and south of mon carrier, by motor vehicle, over by motor vehicle, over irregular routes, n ® Chesapeake and Delaware Canal, irregular routes, transporting: Frozen transporting: Buildings complete or in Prl 411 Accomack and Northampton foods (except frozen meats), from Kan sections traveling on their own or re mJí,*1 es’ ^ a” and Delaware, (4) dry sas City, Kans., to points in Delaware, movable undercarriages equipped with p-n+tScrap and °ther dry feed ingredi- Kentucky, Maryland, New Jersey, New hitchball coupler, between points in Min klJ! excePt Phosphate rock, lime, lime- York, North Carolina, Ohio, Pennsyl nesota, on the one hand, and, on the omn'a and Products thereof crushed, vania, Virginia, West Virginia, and the other, points in the United States, includ 5525“ and Pulverized), used in the man- District of Columbia. Note- If a hear ing Alaska, but excluding Hawaii. Note : macture of prepared animal and poul- ing is deemed necessary, applicant re If a hearing is deemed necessary, appli in bulk, in tank vehicles and quests it be held at Kansas City, Mo. cant does not specify a location. D n S atlC^h°Pper type vehicles, from No. MC 115491 (Sub-No. 73), filed No. MC 116073 (Sub-No. 34), filed Au in t w n Bucks County, Pa., to points August 16, 1965. Applicant: COMMER gust 19, 1965. Applicant: BARRETT Chpf at Part of Maryland east of the CIAL CARRIER CORPORATION, 502 MOBILE HOME TRANSPORT, INC., n e X eaf l Bay and south of the Chesa- East Bridgers Avenue, Auburndale, Fla. 1825 Main Avenue, Moorhead, Minn. ComQ J*nd Delaware Canal, points in Ac- Authority sought to operate as a com Applicant’s representatives: Donald E. and nlian<* Northampton Counties, Va., mon carrier, by motor vehicle, over ir Cross, Munsey Building, Washington, and ÍSíaWar! ’ (5) dry S°V bean meal, regular routes, transporting: Meats, D.C., and Allen Foss, First National Bank bae<5 *jean hulls, in bulk, and in meat products, meat byproducts and Building, Fargo, N. Dak. Authority and Potuts in Sussex County, Del., articles distributed by meat packing sought to operate as a common carrier, Leban?í°o1C0 County, Md., to points in houses, as described in sections A and C by motor vehicle, over irregular routes, sera» andCnfintyJ, Pa’’ and (6) dry meat of appèridix I to the report in Descrip transporting: Buildings, complete or in d other dry feed ingredients (ex tions in Motor Carrier Certificates, 61 sections, traveling on their own or re- 11240 NOTICES movable undercarriages equipped with the other, points in the United States, in Wyoming, Montana, Idaho, Utah, Ari hitchball coupler, between points in Ar cluding points in Alaska (but excluding zona, Nevada, California, Oregon, and kansas, on the one hand, and, on the points in Hawaii). Note: If a hearing is Washington, and returned, damaged and other, points in the United States, in deemed necessary, applicant did not rejected shipments, on return. Note: If cluding Alaska, but excluding Hawaii. specify any particular area. a hearing is deemed necessary, applicant Note: If a hearing is deemed necessary, No. MC 116073 (Sub-No. 41), filed requests it be held at Washington, D.C applicant does not specify a location. August 19, 1965. Applicant: BARRETT No. MC 116325 (Sub-No. 32), filed No. MG 116073 (Sub-No. 37), filed Au MOBILE HOME TRANSPORT, INC., August 19, 1965. Applicant: JEN gust 19, 1965. Applicant: BARRETT 1825 Main Avenue, Moorhead, Minn. NINGS BOND, doing business as BOND MOBILE HOME TRANSPORT, INC., Applicant’s representatives: Donald E. ENTERPRISES, Post Office Box 185, 1825 Main Avenue, Moorhead, Minn. Cross, Munsey Building, Washington, Lutesville, Mo. Applicant’s representa Applicant’s representatives: Donald E. D.C., and Allen Foss, First National Bank tive: Herman W. Huber, 1Q1 East High Cross, Munsey Building, Washington, Building, Fargo, N. Dak. Authority Street, Jefferson City, Mo. Authority D.C., and Allen Foss, First National Bank sought to operate as a common carrier, sought to operate as a common carrier, Building, Fargo, N. Dak. Authority by motor vehicle, over irregular routes, by motor vehicle, over irregular routes, sought to operate as a common carrier, transporting: Buildings, complete or in transporting: Iron and steel and iron by motor vehicle, over irregular routes, sections traveling on their own or and steel articles, between points in that transporting: Buildings, complete or in removable undercarriages equipped with part of Pennsylvania on and west of sections, traveling on their own or re hitchball coupler, between points in US. Highway 219 and those in Ohio, movable undercarriages equipped with Wisconsin, on the one hand, and, on the on the one hand, and, on the other, hitchball coupler, between points in Mis other, points in the United States, includ points in Illinois, Indiana, and the Low souri, on the one hand, and, on the other, ing Alaska, but excluding Hawaii. er Peninsula of Michigan. Note: If a points in the United States, including Note : If a hearing is deemed necessary, hearing is deemed necessary, applicant Alaska, but excluding Hawaii. Note: If applicant does not specify a location. requests it be held at Washington, D.C. a hearing is deemed necessary, applicant No. MC 116073 (Sub-No. 42), filed Au No, MC 116419 (Sub-No. 2), filed Au does not specify a location. gust 19, 1965. Applicant: BARRETT gust 16, 1965. Applicant: ALBERT No. MC 116073 (Sub-No. 38), filed Au MOBILE HOME TRANSPORT, INC., CAPONE TRUCKING, INC., 233 India gust 19, 1965. Applicant: BARRETT 1825 Main Avenue, Moorhead, Minn. Street, Brooklyn, N.Y. Applicant’s rep MOBILE HOME TRANSPORT, INC., Applicant’s representatives: Donald E. resentative: Charles H. Trayford, 220 1825 Main Avenue, Moorhead, Minn. Cross, Munsey Building, Washington, East 42d Street, New York 17, N.Y. Au Applicant’s representatives: Donald E. D.C., and Allen Foss, First National thority sought to operate as a contract Cross, Munsey Building, Washington, Bank Building, Fargo, N. Dak. Author carrier, by motor vehicle, over irregular D.C., and Allen Foss, First National Bank ity sought to operate as a common car routes, transporting: Recordchanger Building, Fargo, N. Dak. Authority rier, by motor vehicle, over irregular machines, parts for recordchanger ma sought to operate as a common carrier, routes, transporting: Buildings, complete chines, loudspeakers, parts for loud- by motor vehicle, over irregular routes, or in sections, traveling on their own or speakers, solder, hi-fi amplifiers, parts transporting: Buildings, complete or in removable undercarriages equipped with and accessories, diecasting machines, sections, traveling on their own or re hitchball coupler, between points in and parts for diecasting machines, be movable undercarriages equipped with Texas, on the one hand, and, on the other, tween points in the New York, N.Y, hitchball coupler, between points in points in the United States, including commercial zone, as defined by the Com Louisiana, on the one hand, and, on the Alaska (but excluding Hawaii). Note: mission, on the one hand, and, on the other, points in the United States, in If a hearing is deemed necessary, appli other, Port Washington, N.Y, Plainville, cluding Alaska, but excluding Hawaii. cant does not specify place of hearing. N.Y., and the town of Oyster Bay, N.Y, Note: If a hearing is deemed necessary, No. MC 116260 (Sub-No. 1), filed Au at or near Westbury, N.Y.., limited to applicant does not specify a location. gust 18, 1965. Applicant: PASHA traffic moving in foreign commerce No. MC 116073 (Sub-No. 39), filed Au TRUCKAWAY, a corporation, Pier 3, through the Port of New York. Note: gust 19, 1965. Applicant: BARRETT Fort Mason, San Francisco, Calif. Ap Applicant states that the above pro MOBILE HOME TRANSPORT, INC., plicant’s representative: Marshall G. posed operation will be under contract 1825 Main Avenue, Moorhead, Minn. Berol, 21st Floorr 100 Bush Street, San with British Industries Corp., a subsidi Applicant’s representatives: Donald E. Francisco 4, Calif. Authority sought to ary of Avenet, Inc., and subsidiaries and Cross, Munsey Building, Washington, operate as a common carrier, by motor divisions (DCMT Sales Corp., British D.C., and Allen Foss, First National vehicle, over irregular routes, transport Machine & Foundry Supplies, Ltd., and Bank Building, Fargo, N. Dak. Author ing: Motor vehicles, in secondary move Avenet Shaw Corp.). If a hearing is ity sought to operate as a common car ments, in truckaway service, between deemed necessary, applicant requests it rier, by motor vehicle, over irregular points in the San Francisco, Calif., com be held at New York, N.Y. routes, transporting: Buildings, complete mercial zone. Note: If a hearing is . No. MC 117119 (Sub-No. 241) , filed or in sections traveling on their own or deemed necessary, applicant requests it August 9, 1965. Applicant: WILLIS with removable undercarriages equipped be held at San Francisco, Calif. SHAW FROZEN EXPRESS, INC., B» ■ with hitchball coupler, between points in No. MC 116325 (Sub-No. 31), filed Springs, Ark. Applicant’s represente- ^ Kansas, on the one hand, and, on the August 19,1965. Applicant: JENNINGS tive: John H. Joyce, 26 North College,^ other, points in the United States, in BOND, doing business as BOND ENTER Fayetteville, Ark. Authority sought to cluding Alaska (but excluding Hawaii) . PRISES, Post Office Box 185, Lutesville, operate as a common carrier, by motor Note : If a hearing is deemed necessary, Mo. Applicant’s representative: Her vehicle, over irregular routes, transport- ^ applicant did not specify any particular man W. Huber, 101 East High Street, mg: Frozen foods, from Elmira. N.Y, to; area. Jefferson City, Mo. Authority sought to points in' Illinois, Indiana, Michigan. No. MC 116073 (Sub-No. 40), filed operate as a common carrier, by motor Ohio, and Carrollton, Macon, Marshall, August 19* 1965. Applicant: BARRETT vehicle, over irregular routes, transport Milan, and Moberly, Mo. Note: If * MOBILE HOME TRANSPORT, INC., ing: Building hoard, wall hoard, insula hearing is deemed necessary, applicant., 1825 Main Avenue, Moorhead, Minn. tion hoard, finished or not finished, with did not specify any particular area. Applicant’s representatives: Donald E. or without decorative or protective ma No. MC 117119 (Sub-No. 242), w j terial, and accessories and supplies used August 12, 1965. Applicant: Cross, Munsey Building, Washington, in the installation thereof, from Wright SHAW FROZEN EXPRESS, INC, : D.C., and Allen Foss, 1st National Bank City, Mo., to points in Pennsylvania, Springs, Ark. Applicant’s represented Building, Fargo, N. Dak. Authority Maryland, West Virginia, Virginia, North tive: John H. Joyce, 26 North CoM > sought to operate as a common carrier, Carolina, South Carolina, Georgia, Fayetteville, Ark. Authority sought ; by motor vehicle, over irregular routes, Florida, Alabama, Tennessee, Kentucky, operate as a common carrier, by transporting : Buildings, complete or in Ohio, Indiana, Michigan, Wisconsin, Illi vehicle, over irregular routes, transport" sections traveling on their own or with nois, Mississippi, Louisiana, Missouri, ing: Food products, from CabooL j removable undercarriages equipped with Arkansas^ Iowa, Minnesota, North Da to points in Alabama, Georgia, Flo® 1 hitchball coupler, between points in kota, South Dakota, Nebraska, Kansas, New York, Pennsylvania, New North Dakota, on the one hand, and, on Oklahoma, Texas, New Mexico, Colorado, Ohio, Maryland, Delaware, Virgin 1 Wednesday, September 1, 1965 FEDERAL REGISTER 11241 West Virginia, North Carolina, South Versailles, Ohio. Authority sought to No. MC 117883 (Sub-No. 59), filed Au Carolina, Massachusetts, Vermont, operate as a common carrier, by motor gust 18, 1965. Applicant: SUBLER Maine, New Hampshire, Rhode Island, vehicle, over irregular routes, transport TRANSFER, INC., East Main Street, Box Connecticut, and the District of Colum ing: Oleomargarine, shortening, lard, 62, Versailles, Ohio. Authority sought to bia. Note: If a hearing is deemed nec tdllow, salad dressing, and table sauces operate as a common carrier, by motor essary, applicant requests it be held at (except commodities in bulk, in tank vehicle, over irregular routes, transport Jefferson City, Mo. vehicles), from Jacksonville, 111., and ing: Frozen foods, from the plantsite and No. MC 117344 (Sub-No. 154), filed points within one (1) mile thereof , to warehouse of the Pet Milk Co., located at August 9, 1965. Applicant: THE MAX points in Indiana, Iowa, Kansas, Michi Allentown and Chambersburg, Pa., to WELL CO., 10380 Evandale Drive, Cin gan, Minnesota, Missouri, Nebraska, points in Illinois, Indiana, Michigan, cinnati 15, Ohio. Applicant’s represent Ohio, and Wisconsin. Note: If a hear Minnesota, Ohio, Wisconsin, and St. atives: James R. Stiverson, 50 West ing is deemed necessary, applicant does Louis, Mo. Note : If a hearing is deemed Broad Street, Columbus 15, Ohio, and not specify a place of hearing. necessary, ^ applicant does not specify Herbert Baker (same address). Au No. MC 117883 (Sub-No. 55), filed Au place of hearing. thority sought to operate as a common gust 16, 1965. Applicant: SUBLER No. MC 119493 (Sub-No. 17), filed Au carrier, by motor vehicle, over irregular TRANSFER, INC., East Main Street, gust 16, 1965. Applicant: MONKEM routes, transporting: Asphalt and as Versailles, Ohio. Authority sought to COMPANY, INC., Post Office Box 1196, phalt products and coal tar and coal-tar operate as a common carrier, by motor Joplin, Mo. Authority sought to oper products, in bulk, in tank »vehicles, be vehicle, over irregular routes, transport ate as a common carrier, by motor vehi tween points in Hamilton County, Ohio, ing: Confectionery, candy, cocoa, coat cle, over irregular routes, transporting: on the one hand, and, on the other, ings, compounds, and cough drops, from Fertilizer and fertilizer ingredients, in points in Arkansas^ Vote : If a hearing Reading, Elizabethtown, and Lititz, Pa., bag and in bulk (except liquid fertilizer), is deemed necessary, applicant requests to points in Illinois, Indiana, Iowa, Kan (1) from the plantsite of Spencer Chemi it be held at Columbus, Ohio. sas, Kentucky, Michigan, Minnesota, cal Co. located in Kansas City, Kans., to No. MC 117815 (Sub-No. 58), filed Au Missouri, Nebraska, Ohio, and Wiscon points in Arkansas, Iowa, Kansas, Minne gust 13, 1965. Applicant: PULLEY sin. Note: If a hearing is deemed nec sota, Missouri, Nebraska, South Dakota, FREIGHT LINES, INC., 2341 Easton essary, applicant does not specify a place Oklahoma, and Texas, (2) in bulk only, Boulevard, Des Moines, Iowa. Authority of hearing. from the plantsite of Spencer Chemical sought to operate as a common carrier, No. MC 117883 (Sub-No. 56), filed Au Co. located at or near Military, Kans., to by motor vehicle, over irregular routes, gust 16, 1965. Applicant: SUBLER points in Alabama, Louisiana, Illinois, transporting: Frozen foods, from Brad- TRANSFER, INC., East Main Street,» Indiana, Kentucky, Mississippi, Tennes dock, Lake City, and Saltsburg, Pa., to Versailles, Ohio. Authority sought to see, and Ohio, and (3) between Mount points in Illinois, Indiana, Iowa, Minne operate as a common carrier, by motor Vernon, Mo., and points within five (5) sota, Missouri, and Wisconsin. Note: vehicle, over irregular routes, transport miles thereof, and points in Arkansas, If a hearing is deeified necessary, appli ing: Glassware, glass containers, caps, Illinois, Iowa, Kansas, Nebraska, and cant requests It be held a t Pittsburgh, covers, stoppers and tops for glass con Oklahoma. Note: If a hearing is deemed Pa. tainers, and paper cartons, between Bre necessary, applicant requests it be held No. MC 117815 (Sub-No. 59), filed Au men, Canal Winchester, and Lancaster, at Kansas City, Mo. gust 13, 1965. Applicant: PULLEY Ohio, on the one hand, and, on the other, No. MC 119789 (Sub-No. 13), filed FREIGHT LINES, INC., 2341 Easton points in Illinois Indiana, Kentucky, August 19, 1965. Applicant: CARAVAN Boulevard, Des Moines, Iowa. Authority Michigan, Ohio, West Virginia, and Wis REFRIGERATED CARGO, INC., Post sought to operate as a common carrier, consin. Note: If a hearing is deemed Office Box 6, Opelousas, La. Applicant's by m otor vehicle, over irregular routes, necessary, applicant does not specify representative: Paul M. Daniell, Suite transporting: Feed ingredients, from location.; 1600, First Federal Building, Atlanta, Ga., points in Polk County, Iowa, to points in No. MC 117883 (Sub-No. 57), filed 30303. Authority sought to operate as a Illinois, Kansas, Minnesota, Missouri, August 16, 1965. Applicant: SUBLER common carrier, by motor vehicle, over Nebraska, South Dakota, and Wisconsin. TRANSFER, INC., East Main Street, irregular routes, transporting: Canned Note: If a hearing is deemed necessary, Versailles, Ohio. Authority sought to and bottled foodstuffs, from Cade and applicant requests it be held at Des operate as a common carrier, by motor Lozes, La., to points in Arizona, Cali Moines, Iowa. vehicle, over irregular routes, transport fornia, Idaho, New Mexico, Nevada, No. MC 117815 (Sub-No. 60), filed Au ing: Paper and paper products, from Oregon, Texas, Utah, and Washington. gust 13, 1965. Applicant: PULLEY Note: If a hearing is deemed necessary, FREIGHT LINES, INC., 2341 Easton Detroit, Mich., to points in Illinois, In diana,, and Ohio. Note: If a hearing is applicant requests it be held at New Boulevard, Des Moines, Iowa. Authority deemed necessary, applicant - does not Orleans, La. sought to operate as a common carrier, specify a place of hearing. No. MC 120562 (Sub-No. 1) filed Au by motor vehicle, over irregular routes, No. MC 117883 (Sub-No. 58), filed Au gust 19, 1965. Applicant: O. K. TRANS transporting: Frozen foods, from Lafay gust 18, 1965. Applicant: SUBLER FER AND STORAGE COMPANY OF ette, ind., to points in Iowa, Kansas, Ne TRANSFER, INC., East Main Street, Box LAWTON, a corporation, 202 East D braska, and St. Louis, Mo. Note: If a hearing is deemed necessary, applicant 62, Versailles, Ohio. Authority sought Avenue, Lawton, Okla. Authority sought requests it be held at Indianapolis, Ind. to operate as a common carrier, by motor to operate a0, a common carrier, by motor No. Me 117883 (Sub-No. 51), filed Au vehicle, over irregular routes, transport vehicle, over irregular routes, transport gust 16, 1965. Applicant: SUBLER ing: Meats, meat products, meat byprod ing: Household goods as defined by the •TRANSFER, INC., East Main Street, ucts, and articles distributed by meat Commission, between points in Okla Versailles, Ohio, Authority sought to packinghouses (except hides and com homa. Note: If a hearing is deemed modities in bulk, in tank vehicles), from necessary, applicant requests it be held vav i as a common carrier, by motor at Fort Worth, Tex. ®lcle, over^rregular routes, transport- the plantsite of Missouri Beef Packers, Inc., at or near Phelps City, Mo., to points No. MC 121032 (Sub-No. 2), filed “js. Confectionery, syrups, sauces, top- August 12, 1965. Applicant: ROBERT chocolate pudding, and advertis- in Connecticut, Delaware, Maine, Mary MEEK, doing business as MEEK’S EX in3 ^teriaZs and displays, when moving land, Massachusetts, New Hampshire, PRESS, 206 Windsor Street, Buckland, Rm!«>nnfc^0.11 w*th confectionery, syrups, New Jersey, Michigan, New York, Ohio, Conn. Applicant’s representative: frm^6S’ tpPPings, and chocolate puddings. Pennsylvania, Rhode Island, Vermont, Thomas W. Murrett, 410 Asylum Street, Points in Derry Township, Pa., to Virginia, West Virginia, and the District pan Illinois, Indiana, Iowa, Michi- Hartford, Conn., 96103. Authority st V ^^nnesota, Ohio, Wisconsin, and of Columbia. Note: Applicant states sought to operate as a common carrier, Mo* Note: If a hearing is that the proposed operation will be re by motor vehicle, over irregular routes, stricted to traffic originating at plantsite transporting: General commodities (ex sp ecif^ ioS ^ ' appliCant d0€S not or storage facilities of Missouri Beef cept those of unusual value, classes A gURf°* i f 11'*888 (Sub-No. 54), filed Au- Packers, Inc. If a hearing is deemed and B explosives, household goods as TRaMonri965- Applicant: SUBLER necessary, applicant does not specify defined by the Commission, commodities TRANSFER, in c ., East Main Street, place of hearing. in bulk, commodities requiring special No. 169---- 6 11242 NOTICES equipment, an<| those injurious or con TRANSPORTATION, INC., 3347 North Note: If a hearing is deemed neces taminating to other lading), between west St. Helens Road, Portland, Oreg. sary, applicant requests it be held at New Manchester, Conn., on the one hand, and, Applicant’s representative: Earl V. Orleans, La. on the other, North Haven, Conn., limited White, Fifth Avenue Building, 2130 No. MC 124211 (Sub-No. 48), filed Au to transportation to be performed with Southwest Fifth Avenue, Portland 1, gust 5, 1965. Applicant: HILT TRUCK freight forwarders. Note: Applicant Oreg. Authority sought to operate as a LINE, INC., 3751 Sumner Street, Post Of states that it intends to tack the above common carrier, by motor vehicle, over fice Box 824, Lincoln, Nebr. Applicant’s proposed authority with that authority irregular routes, transporting: Asphalt representative: J. Max Harding, Post Of previously granted in Certificate MC paving products, from points in Jackson fice Box 2028, Lincoln, Nebr. Authority 121032, Sub 1, wherein applicant is au County, Oreg., to points in Curry Coun sought to operate as a common carrier, thorized to serve points in the State of ty, Oreg. Note: If a hearing is deemed by motor vehicle, over irregular routes, Connecticut. If a hearing is deemed necessary, applicant requests it be held at transporting: Commodities in bulk, be necessary, applicant requests it be held Portland, Oreg. tween points in Nebraska. Note: Appli at Hartford, Conn. No. MC 123883 (Sub-No. 4), filed Au cant states the proposed service to be re No. MC 123048 (Sub-No. 69), filed gust 16, 1965. Applicant: CONTI stricted against the movement of petro August 16, 1965. Applicant: DIAMOND NENTAL DISPATCH, INC., 4025 Bolton leum in bulk, against the movement of TRANSPORTATION SYSTEM, INC., Avenue, Post Office Box 4107, Alex fertilizer or fertilizer mixtures from 1919 Hamilton Avenue, Racine, Wis. andria La. Applicant’s representative: LaPlatte, Nebr., and against the move Authority sought to operate as a com Clarence Evans, 710 Third National ment of inedible animal fats and blends mon carrier, by motor vehicle, over ir Bank Building, Nashville, Tenn. Au thereof, from points in Nebraska, to regular routes, transporting: Land clear thority sought to operate as a common Omaha, and Nebraska City, Nebr. It is ing, tillage, and land preparation equip carrier, by motor vehicle, over irregular further noted that applicant states it ment including disc plowing harrows, routes, transporting: Commercial papers, proposes to tack authority applied for bulldozer attachments, compactor roll payroll and data processing and account with its existing authority in MC 124211; ers, and bedding and rolling harrows, ing forms and information, documents, Subs 10,13,16,17,18,21, and 23, wherein from Cedartown, Ga., and points within written instruments, and electromag- service is included to States of Nebraska, two (2) miles thereof, to points in Michi netically coded or impregnated forms Colorado, Wyoming, Arkansas, Illinois, gan, Minnesota, North Dakota, South and documents (excluding coins, cur Indiana, Iowa, Kansas, Kentucky, Mich Dakota, and Wisconsin, and rejected rency, and securities, or other instru igan, Minnesota, Missouri, Montana, shipments of the commodities specified ments which are negotiable at the time North Dakota, Oklahoma, South Dakota, above, on return. Note: If a hearing is of transportation), between points in Tennessee, Texas, and Wisconsin, re deemed necessary, applicant requests it Arkansas, that part of Mississippi on and spectively. If a hearing is deemed nec be held at Washington, D.C., or Chicago, north of U S. Highway 80 and that part essary, applicant requests it be held at 111. of Missouri on and south of Missouri Omaha, Nebr. No. MC 123048 (Sub-No. 70), filed Highway 84, on the one hand, and, on the No. MC 124211 (Sub-No. 49), filed Au August 16, 1965. Applicant: DIAMOND other, Memphis, Tenn., with service to gust 13, 1965. Applicant HILT TRUCK TRANSPORTATION SYSTEM, INC., be performed either entirely in appli LINE, INC., 3751 Sumner Street, Post Of 1919 Hamilton Avenue, Racine, Wis. cant’s own vehicles or as applicant may fice Box 824, Lincoln, Nebr. Applicant’s Authority sought to operate as a com determine partially in owned vehicles representative: J. Max Harding, Post Of mon carrier, by motor vehicle, over ir and partially by motor bus of commonly fice Box 2028, Lincoln, Nebr. Authority regular routes, transporting: Agricul controlled motor carriers. Note: If a sought to operate as a common carrier, tural implements, farm machinery, tree hearing is deemed necessary, applicant by motor vehicle, over regular routes, planters, logging equipment and machin requests it be held at Memphis, Tenn. transporting: Feed, from Topeka, Kans., ery, self-propelled loading equipment and No. MC 124078 (Sub-No. 153), filed Au to Grand Island, Nebr.; (a) from Topeka attachments, from Louisville, Miss., and gust 16,1965. Applicant: SCHWERMAN over U.S. Highway 75 to junction U.S. points within five (5) miles thereof, to TRUCKING CO., a corporation, 611 Highway 34, thence over U.S. Highway points in Indiana, Michigan, Minnesota, South 28th Street, Milwaukee, Wis., 34 to Grand Island, serving no interme Ohio, Pennsylvania, and Wisconsin, and 53246. Applicant’s representative: diate points; (b) from Topeka over U.S. rejected shipments of the commodities James R. Ziperski (same address as ap Highway 75 to junction Nebraska High specified above, on return. Note: If a plicant) . Authority sought to operate as way 2, thence over Nebraska Highway 2 hearing is deemed necessary, applicant a common carrier, by motor vehicle, over to junction Interstate Highway 80, requests it be held at Washington, D.C., irregular routes, transporting: Fertilizer thence over Interstate Highway 80 to or Chicago, 111. and fertilizer ingredients, including but junction U.S. Highway 281, thence over No. MC 123329 (Sub-No. 11), filed July not limited to anhydrous ammonia, U.S. Highway 281 to Grand Island, serv 26, 1965. Applicant: H. M. TRIMBLE & nitrogen fertilizer solutions, and aqua ing no intermediate points; (c) from To SONS LTD., 1510 40th Avenue SE., ammonia, in bulk, from the plantsite of peka over U.S. Highway 75 to junction Calgary, Alberta, Canada. Applicant’s Tuloma Gas Products between East U.S. Highway 36, thence over U.S. High representative: Randall Swanberg, 529 Peoria and North Pekin, 111., to points in way 36 to junction U.S. Highway Ford Building, Great Falls, Mont. Au Iowa, Indiana, Michigan, Minnesota, thence over U.S. Highway 77 to junction thority sought to operate as a common Missouri, Ohio, South Dakota, and Wis U.S. Highway 34, thence over UB. High carrier, by motor vehicle, over irregular consin. Note: If a hearing is deemed way 34 to Grand Island, serving no inter routes, transporting: Commodities, in necessary, applicant requests it be held mediate points; (d) from Topeka over bulk, between ports of entry on the in of PhiPftffA Til U.S. Highway 75 to junction U.S. High ternational boundary line between the No. MC 124179 (Sub-No. 2), filed Au way 24, thence over U.S. Highway 24 to United States and Canada located in the gust 20, 1965. Applicant: CIL, INC., junction Kansas Highway 181, thence States of Idaho, Montana, and North 7101 Memphis Street, New Orleans, La. over Kansas Highway 181 to junction Dakota, on the one hand, and, on the Authority sought to operate as a contract U.S. Highway 281, thence over U.S. High other, points in Arizona, Arkansas, Cali carrier, by motor vehicle, over irregular way 281 to Grand Island, serving no in fornia, Colorado, Idaho, Illinois, Iowa, routes, transporting: Porcelain enameled termediate points; (e) from Topeka over Kansas, Kentucky, Louisiana, Minne products and building panels, from Bay U.S. Highway 75 to junction U.S. High sota, Mississippi, Missouri, Montana, St. Louis, Miss., to points in California, way 24, thence over U.S. Highway 24 to Nebraska, Nevada, New Mexico, North Connecticut, Idaho, Maine, Massachu junction U.S. Highway 81, thence over Dakota, Oklahoma, Oregon, South Da setts, Michigan, Minnesota, Mississippi, U.S. Highway 81 to junction U.S. High kota, Tennessee, Texas, Utah, Washing Montana, Nevada, New Hampshire, New way 6, thence over U.S. Highway 6 t ton, Wisconsin, and Wyoming. Note : | Jersey, New York, North Dakota, Oregon, junction U.S. Highway 281, thence over If a hearing is deemed necessary, appli Pennsylvania, Rhode Island, South Da U.S. Highway 281 to Grand Island, serv cant requests it be held at Great Falls, kota, Utah, Vermont, Washington, Wis ing no intermediate points; (f) from Mont. ; consin, Wyoming and the District of Co peka to junction U S. Highways 24 an No. MC 123681 (Sub-No. 6), filed Au lumbia, and damaged or rejected ship 81 as specified immediately above, then gust 16, 1965. Applicant: WIDING ments and raw materials, on return. Avpr TT ps TTiffhwftv ni to Junction U. Wednesday, September 1, 1965 FEDERAL REGISTER 11243 Highway 34, thence over U.S. Highway points in Ohio, Michigan, Iowa, and Wis New York Highway 73 to Keene, N.Y., 34 to Grand Island, serving no interme consin. Note: If a hearing is deemed and thence along New York Highway 9N diate points; (g) from Topeka over U.S. necessary, applicant requests it be held to Westport, N.Y. N ote: Applicant is Highway 40 to junction U.S. Highway 77, of PhtriiifA TIT also authorized to conduct operations thence over U.S. Highway 77 to junction No. MC 125826 (Sub-No. 3) , filed Au as a contract carrier in Permit MC Interstate Highway 80, thence over in gust 17, 1965. Applicant: JAMES E. 127263, therefore dual operations may be terstate Highway 80 to junction U.S. BARTLESON AND CHARLES BARTLE- involved. If a hearing is deemed neces Highway 281, thence over U.S. Highway SON, a partnership, doing business as sary, applicant requests it be held at 281 to Grand Island, serving no interme BARTLESON BROTHERS, Box I16C Albany, N.Y. diate points; Ch) from Topeka over U.S. Pennsville-Fredricktown Road, Penns No, MC 127212 (Sub-No, 2), filed Highway 75 to junction U.S. Highway 24, Grove, N J. Applicant’s representative: August 16, 1965. Applicant: LOREN thence over U.S. Highway 24 to junction. Bert Collins, 140 Cedar Street, New York, ISRINGHAUSEN, Route 3, Box 41, Kansas Highway 63, thence over Kansas N.Y., 10006. Authority sought to oper Jerseyville, HI. Applicant’s representa Highway 63 to the Kansas-Nebraska ate as a contract carrier, by motor ve tive: Robert T. Lawley, 306-308 Reisch State line, thence over Nebraska High hicle, over irregular routes, transporting: Building, Springfield, HI., 62701. Au way 50 to junction Nebraska Highway 2, Liquefied carbon dioxide, in bulk, and thority sought to operate as a contract thence over Nebraska Highway 2 to junc solidified carbon dioxide, from Hopewell, carrier, by motor vehicle, over irregular tion U.S. Highway 34, thence over U.S. Va., to Deepwater and Newark, N.J. routes, transporting: Wet spent grain, Highway 34 to Grand Island, serving no Note : Applicant states the proposed for the account of Barlage Co., from St. intermediate points. Note: If a hear service to be under contract with Pure Louis, Mo., to points in Hlinois. Note: ing is deemed necessary, applicant re Carbonic Co., a division of Air Reduction If a hearing is deemed necessary, appli quests it be held at Lincoln, Nebr. Co., Incorporated, New York, N.Y. If a cant requests it be held at Springfield, No. MC124774 (Sub-No. 25), filed Au hearing is deemed necessary, applicant HI. gust 20, 1965. Applicant: CARAVELLE requests it be held at New York, N.Y. No. MC 127232 (Sub-No. 1), filed EXPRESS, INC., Post Office Box 384, No. MC 126014'(Sub-No. 2), (Clarifi August 16, 1965. Applicant: BELFORD Norfolk, Nebr. Authority sought to oper cation) filed July 19, 1965, published in TRUCKING LTD., 3014 Cedar Creek ate as a common carrier, by motor ve F ederal R egister issue of August 11, Drive, Cooksville, Ontario, Canada. Au hicle, over irregular routes, transporting: 1965, and republished as clarified this thority sought to operate as & contract Ckeese and cheese products, from points issue. Applicant: ELMER D. PALMER, carrier, by motor vehicle, over irregular in Antelope Comity, Nebr., to points in Route No. 1, Pea Ridge, Ark. Appli routes, transporting: Brick, from the Utah. Note: If a hearing is deemed cant’s representative: John H. Joyce, ports of entry on the international necessary, applicant requests it be held 26 North College, Fayetteville, Ark., boundary line between the United States at Lincoln, Nebr. 72702. Authority sought to operate as and Canada at or near Buffalo, Niagara No. MC 124813 (Sub-No. 24), filed Au a contract carrier, by motor vehicle, over Falls, and Lewiston, N.Y., to points in gust 13, 1965. Applicant: UMTHUN irregular routes, transporting: (1) Poul New York, and returned shipments of TRUCKING CO., a corporation, 910 try offal meal, and feather meal, in bulk, the same commodity, on return. Note: South Jackson Street, Eagle Grove, Iowa. (a) from Russellville, and Siloam If a hearing is deemed necessary, ap Applicant’s representative: William A. Springs, Ark., and points within 10 miles plicant requests it be held at Buffalo, Landau, 1307 East Walnut Street, Des of Siloam Springs, and (b) from Noel, N.Y. Moines, Iowa. Authority sought to oper Joplin, Rich Hill, Springfield, and No. MC 127245, filed May 7, 1965. Ap ate as a common carrier, by motor ve Monett, Mo., and points within 10 miles plicant: RAYMOND P. SENFTNER, do hicle, over irregular routes, transporting: of Noel and Rich Hill to Denver, Colo., ing business as SENFTNER TRUCK Animal and poultry feed ingredients (ex and (2) meat offal meal (meat scraps) LINE, 306 Dike Street, Herreid, S. Dak. cept liquid animal fats and liquid vege from Denver, Colo., to Springdale and Authority sought to operate as a common table oils), from the plantsite of the Russellville, Ark. N ote: The purpose of carrier, by motor vehicle, over regular Hooker Chemical Corp. located at or near this republication is to show in part (2) routes, transporting: Beer, from* Bis Montpelier, Iowa, to St. Louis, Mo., and meat offal meal in lieh of that pre marck, N. Dak., to Herreid, S. Dak., over points in Colorado. Note : Applicant has viously published. Applicant states the U.S. Highway 83, serving no intermedi contract carrier authority under 118468 proposed operation will be limited to a ate points. N ote: Applicant states that and subs thereunder, therefore, dual op continuing contract with Ralston-Purina it intends to transport cream on return erations may be involved. If a hearing Co. of St. Louis, Mo. If a hearing is trips. If a hearing is deemed necessary, is deemed necessary, applicant requests deemed necessary, applicant requests it applicant requests it be held at Herreid, it be held at Des Moines, Iowa. be held at Little Rock, Ark. S. Dak. No. MC 125175 (Sub-No. 5), filed Au No. MC 126672 (Sub-No. 1), filed No. MC 127282 (Sub-No. 1),.filed Au gust 12,1965. Applicant: H. L. MULL3N, August 13, 1965. Applicant: SICOTTE gust 20, ’ 1965. Applicant: GORDON 624 North Broad Street, Mankato, Minn. TRANSPORTS, LTD., 1025 Ottawa SANDS, JR., ROBERT L. PARROTT, Applicant’s representative: James L. Nel Street, Montreal, Canada. Applicant’s SR., AND ROBERT L. PARROTT, JR., son, 544 Minnesota Building, St. Paul, representative: John J. Brady, 'Jr., 75 a partnership, doing business as FLY 55101. Authority sought to oper State Street, Albany 7, N.Y. Authority ING FREIGHT, Post Office Box 11246, ate as a contract carrier, by motor vehi sought to operate as a common carrier, Loudonville, N.Y. Applicant’s represent cle, over irregular routes, transporting: by motor vehicle, over irregular routes, ative: Alfred C. Purello, 5 Elk Street, Malt beverages, from Omaha, Nebr., to transporting: Cement, in bags, from the Albany, N.Y., 12210, Authority sought M ankato and Eagle Lake, Minn. N ote: ports of entry located on the interna to operate as a common carrier, by motor Applicant states the authority sought tional boundary line between the United vehicle, over irregular routes, transport J” “ be restricted to service under con- States and Canada, at or near Morses ing: General commodities (except those tinuing contracts with George Wesley Line, West Berkshire, Richford, East of unusual value, classes A and B ex distributing Co., Mankato, Minn., and Richford, North Troy, Beebe Plain, plosives, household goods as defined by Robert B. Wesley Distributing Co., Eagle Derby Line, High Gate Springs, and the Commission, commodities in bulk, "Cke, Minn. If a hearing is deemed Norton, Vt., Beecher Falls and Scott Bog, and commodities requiring special equip ■ S p m applicant requests it be held N.H., and Fort Covington, Trout River, ment), having a prior or subsequent at Minneapolis, Minn. Mooers Forks, Champlain, and Rouses movement by air, (I) between Albany No. MC 125777 (Sub-No. 78), filed Au- Point, N.Y., to points in New Hampshire County Airport, N.Y., on the one hand, S * 18’ 1965- Applicant: JACK GRAY and Vermont on and north of U.S. High and, on the other, Bradley Airfield, fe d SPORT’ ^ . , 3200 Gibson Trans- way 2 and those in New York on and Chester Airfield, and Old Saybrook, m Roac*’ Hammond, Ind. Applicant’s north of a line beginning at Sackets Conn., Newark Airport, N.J., Champlain, representative: Carl L. Steiner, 39 South Harbor, N.Y., and extending eastward Glens Falls, Gloversville, John F. Ken sSiS?e*Street’ ChicaS° 3* HI. Authority along New York Highway 3 to Saranac nedy International Airport, New York hv * • °Perate as a common carrier, Lake, N.Y., thence along New York High Municipal Airport (La Guardia Field), vehicle, over irregular routes, way 86 to junction New York Highway and Plattsburgh, N.Y., and Burlington, transporting: Slag, from Gary, Ind.. to 73 near Lake Placid, N.Y., thence along Vt., and (2) between Glens Falls and 11244 NOTICES Gloversville, N.Y., on the one hand, and, No. MC 127418 (Sub-No. 1), filed Willacy, Starr, and Bexar Counties, Tex., on the other, Newark Airport, N.J., John August 18, 1965. Applicant: TROP- and exempt agricultural commodities, on F. Kennedy International Airport and ARTIC REFRIGATED SERVICE, INC., return. N ote : Applicant states that the New York Municipal Airport (La Guar- 1410 Brownbridge Road, Gainesville, Ga. proposed service will be rendered under dia Field), N.Y. N ote: If a hearing is Applicant’s representative: Virgil H. a continuous contract with Nashville deemed necessary, applicant requests it Smith, 213 Mark Building, Atlanta 3, Ga. Basket Co., of Nashville, Arte. If a hear be held at Albany, N.Y. Authority sought to operate as a com ing is deemed necessary, applicant re No. MC 127319 (Sub-No. 1), filed Au mon carrier, by motor vehicle, over ir quests it be held at Little Rock, Ark. gust 23, 1965. Applicant: VERNON C. regular routes, transporting: (1) Frozen No. MC 127459 (Sub-No, 1), filed Au TINTINGER, doing business as VER pies or turnovers, fruit, meat, poultry, or gust 19, 1965. Applicant: ROBERT L. NON TINTINGER TRUCKING, 1129 fish, with or without vegetable ingredi EMERY, Rural Delivery No. 1, Brook- Hudson Street, Helena, Mont., 59601. ents, cooked or not cooked; frozen cake or ville, Pa. Applicant’s representative: Applicant’s representative: William P. rolls, fruit, cream, nut, or custard, cooked H. Ray Pope, Jr., 10 Grant Street, Mufich, 312 Power Block, Helena, Mont., or not cooked; frozen prepared dough; Clarion, Pa., 16214. Authority sought to 59601. Authority sought to operate as frozen poultry and poultry parts, pre operate as a common carrier, by motor a contract carrier, by motor vehicle, over cooked and breaded', (2) agricultural vehicle, over irregular routes, transport irregular routes, transporting: Beer, for products; and (3) commodities, the ing : Coal, from points in Elk and Jeffer the account of Great Falls Breweries, transportation of which is partially ex son Counties, Pa., to Gowanda, N.Y., and Inc., from Great Falls, Mont., to Mullan, empt under the provision of section points in Erie County, N.Y. N ote: If a Lewiston, Coeur D’Alene, Boise, Poca 203(b) (6) of the Interstate Commerce hearing is deemed necessary, applicant tello, and Salmon, Idaho, and Spokane, Act if transported in vehicles not used in requests it be held at Pittsburgh, Pa. Seattle, Walla Walla, Everett, and Wen carrying any other property, when mov No. MC 127497, filed August 9, 1965. atchee, Wash. Note: If a hearing is ing in the same vehicle at the same time Applicant: J. E. DODSON, INC., Box deemed necessary, applicant requests it with the commodities specified in (1) 1691, Sharon-Copley Road, Wadsworth, be held at Great Falls, Mont. and (2) above, (a) from the plantsite of Ohio. Applicant’s representative: Har No. MC 127324, filed June 3, 1965. J. D. Jewell, Inc., at Gainesville, Ga., to old M. Wilson, First National Tower, Applicant: J. D. FINK, Route 3, John points in Alabama, Arizona, Arkansas, Akron, Ohio. Authority sought to oper son City, Tenn. Applicant’s representa California, Colorado, Florida, Idaho, ate as a common carrier, by motor vehi tive: Brantley Blue, Earles Building, Louisiana, Mississippi, Montana, Nevada, cle, over irregular routes, transporting: Kingsport, Tenn. Authority sought to New Mexico, North Carolina, Oklahoma, Roofing shingles and tarpaper, from operate as a common carrier, by motor Oregon, South Carolina, Tennessee, Chicago Heights, HI., to Willoughby, vehicle, over irregular routes, transport Texas, Utah, Washington and Wyoming; Ohio. N ote: If a hearing is deemed nec ing: Mobile homes, between points in and (b) from the plantsite of Southern essary, applicant requests it be held at Georgia, North Carolina, South Caro Frigid Dough Division of J. D. Jewell, Akron, Ohio. lina,- Tennessee, Kentucky, and Vir Inc., at Florence, Ala., to the plantsite No. MC 127510, filed August 16, 1965. ginia. Note: If a hearing is deemed of J. D. Jewell, Inc., Gainesville, Ga., and Applicant: J. W. McGINNIS, R.FD. No. necessary, applicant requests it be held points in the destination states named 2, Mattoon, 111. Applicant’s representa at Kingsport, Tenn. in (a) immediately above. N ote: Ap tive: Theodore O. Cutright, Office on No. MC 127384 (Sub-No. 2), filed Au plicant states that it intends to transport East Side of Square, Toledo, 111., 62468. gust 19, 1965. Applicant: CHARDEL refused and rejected shipments, on re Authority sought to operate as a con TRANSPORTATION CORP., in care of turn trips. If a hearing is deemed tract carrier, by motor vehicle, over ir Loeb & Greene, 2 West 45th Street, necessary, applicant requests it be held regular routes, transporting: Horsemeat, New York, N.Y. Applicant’s representa at Atlanta, Ga. meat products, meat byproducts and dog tive: Arthur J. Piken, 160-16 Jamaica No. MC 127432 (Amendment), filed food, all when fit for animal consump Avenue, Jamaica 32, N.Y. Authority July 12,1965, published F ederal R egister tion only, in vehicles equipped with sought to operate as a contract carrier, issue of August 4, 1965, amended August mechanical refrigeration, and empty by motor vehicle, over irregular routes, 20, 1965, and republished as amended containers, between the plantsite of transporting: Fresh meats, meat prod this issue. Applicant: SIX R’s CON Campbell & Co. located near Mattoon, ucts and packinghouse products, from STRUCTION COMPANY, a corporation, 111., and, points in Indiana, Iowa, Michi Glenwood, Spencer, and Des Moines, 4615 Dixie Highway, Drayton Plains, gan, Minnesota, and Wisconsin. Note: Iowa; Luverne, Minn.; Omaha, Nebr.; Mich. Applicant’s representative: Wil Applicant is also authorized to conduct and South Bend, Ind.; to New York, N.Y. liam B. Elmer, 22644 Gratiot Avenue, operations as a common carrier in Cer Note : If a hearing is deemed necessary, Kaiser Building, East Detroit, Mich. tificate MC 112364, therefore dual oper applicant requests it be held at New Authority sought to operate as a com ations may be involved. If a hearing is York, N.Y. mon carrier, by motor vehicle, over ir deemed necessary, applicant requests it No. MC 127385 (Sub-No. 2), filed regular routes, transporting: Lime and be held at Springfield, 111., or Terre August 13, 1965. Applicant: PYRAMID limestone products, in bulk, from River Haute, Ind. VAN & STORAGE CO. OF MONTEREY, Rouge, Mich., to points in Indiana, Illi No. MC 127516, filed August 3, 1965. a corporation, California Avenue and nois, Kentucky, and Ohio, and refused, Applicant: JAMES R. OGILVIE, 36 Birch Metz Road, Post Office Box 1429, Mon and rejected shipments, on return. Road, Littleton, Mass. Applicant’s rep terey, Calif., Sand City, Calif. Appli Note: The purpose of this republication resentative: Charles F. Kaye, Littleton cant’s representative: Daniel W. Baker, is to reflect the change in the commodity Common, Mass. Authority sought to op 625 Market Street, San Francisco 5, Calif. description. If a hearing is deemed nec erate as a contract carrier, by motor ve Authority sought to operate as a common essary, applicant requests it be held at hicle, over irregular routes, transporting: carrier, by motor vehicle, over irregular Lansing, Mich., or Washington, D.C. Building materials, from Acton, Mass., routes, transporting: Household goods, as No. MC 127453 (Sub-No. 1), filed Au to points in Cheshire, Sullivan, Merri defined by the Commission in 17 'M.C.C. gust 20, 1965. Applicant: LOUIS B. mack, Belknap, Hillsboro, Strattfora, 467, between points in Alameda, Amador, MIZE, 6821 Asher Avenue, Little Rock, Rockingham, Grafton, and Carroll Coun Contra Costa, El Dorado, Fresno, Kings, Ark. Applicant’s representative:- Louis ties, N.H., Windham and Windsor Coun Los Angeles, Madera, Marin, Merced, Tarlowski, Pyramid Life Building, Little ties, Vt., and York County, Maine. Monterey, Napa, Orange, Placer, River Rock, Ark. Authority sought to operate N ote: If a hearing is deemed necessary, side, Sacramento, San Benito, San Ber as a contract carrier, by motor vehicle, remiests it be held at Boston, nardino, San Diego, San Francisco, San over irregular routes, transporting: (1) Mass Joaquin, San Luis Obispo, San Mateo, Wooden wire bound boxes, knocked No. MC 127517, filed August 13, l ^ 5. Santa Barbara, Santa Clara, Santa Cruz, down, in bundles, and (2) wooden veneer Applicant: CAROL M. MOYER, 7» Solano, Sonoma, Stanislaus, Sutter, and baskets, nested in bundles, with covers, North Mulanix, Kirksville, Mo. APPh' Ventura Counties, Calif. Note: Com from the plantsite of Nashville Basket cant’s representative: Joseph R. Nacy> mon control may be involved. If a hear Co., Nashville, Ark., to points in Florida, 117 West High Street, Jefferson City, Mo., ing is deemed necessary, applicant re Colorado, and points in Hidalgo, Camer 65102. Authority sought to operate a* quests it be held at San Francisco, Calif. on, Dimmit, Zavala, Maverick, Webb, a common carrier, by motor vehicle, over Wednesday, September 1, 1965 FEDERAL REGISTER 11245 irregular routes, transporting: (1) Ani requests it be held at Roanoke, Va., or and including ports of entry on the in mal and poultry feed and animal and Bluefield, W.Va. ternational boundary line between the poultry feed ingredients, from Kirksville, No. MC 127523, filed August 16, 1965. United States and Canada, located at Ni Mo., to Marshalltown, Iowa, and points Applicant: INTERNATIONAL WALNUT agara Falls, Lewiston, and Buffalo, in Illinois and Kansasi (2) animal and CORPORATION, CANADA, LTD., 100 N.Y., points in the District of Columbia poultry feed, from Ottumwa, Iowa, to Toryork Drive, Weston, Ontario, Canada. (Washington, DC.), Atlantic City, N.J., Kirksville, Mo.; (3) ground volley, from Applicant’s representative: John P. Mc and points in Virginia. N ote : If a hear Marshalltown, Iowa, and points in Illi Mahon, Columbus Center, 100 East Broad ing is deemed necessary, applicant re nois and Kansas, to Moberly, St. Louis, Street, Columbus, Ohio, 43215. Author» quests it be held at Buffalo, N.Y. Springfield, and Kansas City, Mo., East ity sought to operate as a contract car No. MC 3647 (Sub-No. 374), filed St. Louis, HI., Kansas City, Kans., and rier, by motor vehicle, over irregular August 6, 1985. Applicant: PUBLIC Springdale, Ark.; (4) soybean meal, routes, transporting: Lumber and lumber SERVICE COORDINATED TRANS from Quincy, HI., to points in Put products, between ports of entry on the PORT, 180 Boyden Avenue, Maplewood, nam, Schuyler, Scotland, Knox, Sul international boundary line between the N.J. Applicant's representative: Rich livan, and Adair Counties, Mo., and United States and Canada located in ard Fryling (same address as applicant). points in that part of Shelby, Macon, Michigan, New York, Vermont, New Authority sought to operate as a com and Linn Counties, Mo., north of U.S. Hampshire, and Maine, on the one hand, mon carrier, by motor vehicle, over reg Highway 36; (5) grain, from points and, on the other, points in Connecticut, ular routes, transporting: Passengers in Putnam, Schuyler, Scotland, Knox, Delaware, Georgia, Illinois, Indiana, and their baggage, and express and news Sullivan, and Adair Counties, Mo., and Kentucky, Maine; Maryland, Massachu papers, in the same vehicle with pas points in that part of Shelby, Macon, setts, Michigan, New Hampshire, New sengers, (1) between Allentown and and Linn Counties, Mo., north of U.S. Jersey, New York, North Carolina, Ohio, Easton, Pa.; from Allentown over un Highway 36, to Louisiana, Mexico, and Pennsylvania, Rhode Island, South Caro numbered highways to junction U.S. Gregory Landing, Mo. Note: Applicant lina, Tennessee, Vermont, Virginia, West Highway 22, WhitehaU Township, Pa., states that it intends to transport ex Virginia, the District of Columbia, Mis thence over U.S. Highway 22 to Easton, empt commodities on return trips. souri, Minnesota, Iowa, and Wisconsin. and return over the same route, serv No te: If a hearing is deemed necessary, N ote: Applicant states the above trans ing all intermediate points, and (2) be applicant requests it be held at Jefferson portation will be performed under con tween Bethlehem and Hanover Town ' CSty, Mo.Mj tinuing contracts with Forest-All Sales ship, Pa.; from Bethlehem over unnum No. MC 127518, filed August 17, 1965. & Products, Ltd., and Forest-All Lumber, bered highways to junction UJS. High Applicant: BROWN & EVANS TRUCK Inc. All traffic will originate in or be way 22 in Hanover Township, and return ING CO., INC., 60 Park Place, Newark, destined to Canada. If a hearing is over the same route, serving all interme N.J., 07102. Applicant’s represehtative: deemed necessary, applicant requests it diate points. N ote: Applicant states it Charles J. Williams, 1060 Broad Street, be held at Washington, D.C. proposes to tack the above routes with Newark, N.J., 07102. Authority sought No. MC 127524, filed August 19, 1965. its existing authorized routes. If a hear to operate as a contract carrier, by motor Applicant: QUADREL BROS. TRUCK ing is deemed necessary, applicant re vehicle, over irregular routes, transport ING COMPANY, INC., 1603 Hart Street, quests it be held at Allentown, Pa. ing: Processed meats, in refrigerated Rahway, N.J. Applicant’s representa No. MC 57662 (Sub-No. 9), filed July equipment; (1) from New York, N.Y., tive: Charles H. Trayford, 220 East 42d 6, 1965. Applicant: BANGOR AND and Hoboken, N.J., to Verona, N.J.; and Street, New York 17, N.Y. Authority AROOSTOOK RAILROAD COMPANY, (2) from Verona, N.J., to points in Con sought to operate as a common carrier, a corporation, 84 Harlow Street, Bangor, necticut, Massachusetts, New York, by motor vehicle, over irregular routes, Maine. Applicant’s representative: Wil Rhode Island, and points in Pennsyl transporting: Chemicals, in bulk, in tank liam M. Houston (same address as ap vania on and east of U.S. Highway 15. or hopper type vehicles, from the New plicant) . Authority sought to operate as No te: Applicant states the proposed York Central System rail terminals in a common carrier, by motor vehicle, over operation will be performed under a con New Jersey, to points in New Jersey, New irregular routes, transporting: Passen tinuing contract or contracts with Cam- York, N.Y., points in Suffolk, Nassau, gers and their baggage, in special opera eco, Inc. If a hearing is deemed neces Westchester, Rockland, Putnam, Dutch tions consisting of round trip conducted, sary, applicant requests it be held at ess, Orange, Sullivan, Greene, Columbia, sightseeing and pleasure tours beginning Newark, N.J. and Ulster Counties, N.Y., points in Fair- and ending at points in Penobscot, Pis No. MC 127519, filed August 18, 1965. field, New Haven, Litchfield, Hartford, cataquis, and Aroostook Counties, Maine Applicant: KLAUS GRUBER, 2955 and Middlesex Counties, Conn., points in and extending to points in the United Huntington Circle, Brookfield, Wis. Ap New Castle County, Del., and points in States (excluding Hawaii). N ote: If a plicant’s representative: Frank M. Wayne, Lackawanna, Wyoming, Luzerne, hearing is deemed necessary, applicant Coyne, 1 West Main Street, Madison, Carbon, Monroe, Northampton, Lehigh, requests it be held at Bangor. Maine. Wis., 53703. Authority sought to oper Bucks, Berks, Montgomery, Chester, No. MC 112422 (Sub-No. 2), filed Au ate as a contract carrier, by motor ve Philadelphia, Schuylkill, Delaware, York, gust 18, 1965. Applicant: SAM VAN hicle, over irregular routes, transporting: Lancaster, Dauphin, and Lebanon Coun GALDER, INC., 74 South Harmony Concrete brick, concrete slabs, concrete ties, Pa., and refused, rejected, contami Drive, Janesville, Wis. Authority sought veneer stone and concrete panels, from nated, and returned shipments, on re to operate as a common carrier, by motor Brookfield, Wis., to points in Illinois and turn, restricted to shipments having a vehicle, over regular routes, transport Indiana, restricted to service under con prior movement by rail. N ote : If a ing: Passengers and their baggage, be tinuing contract with Split Rock Prod hearing is deemed necessary, applicant tween Janesville, Wis., and Harvard, HI., ucts, Inc., of Brookfield, Wis. Note: If does not specify place of hearing. from Janesville over U.S. Highway 14 to a hearing is deemed necessary, appli Harvard (also from Janesville over Wis cant requests it be held at Madison, Wis. Motor Carriers of P assengers consin Highway 11 to Delavan, Wis., . No- MC 127520, filed August 13, 1965. No. MC 3556 (Sub-No. 3), filed Au thence over Wisconsin Highway 50 to Applicant: JOE E. PERRY, doing busi gust 13, 1965. Applicant; ALBERT A. junction Wisconsin Highway 67, thence ness as JOSEPH E. PERRY CO., Stuart’s PRECHTL, doing business as ELK- over Wisconsin Highway 67 to Williams Draft, Va. Applicant’s representative: CAMERON BUS LINES, Joseph Road, Bay, Wis., thence over Wisconsin High Kobert M. Richardson, 602 Law and Com St. Marys, Pa. Applicant’s representa way 36 to Walworth, W is.); (also from merce Building, Bluefield, W. Va. Au- tive : Gordon J. Daghir, Farmers and Darien, Wis., over Wisconsin Highway wionty sought to operate as a common Merchants Bank Building, St. Marys, 15 to Delavan, Wis.) ; (also from Dela cmer, by motor vehicle, over irregular Pa., 15857. Authority sought to operate van, Wis., over Walworth County Trunk or^T?’ toansporting: Fresh pork hams as a common carrier, by motor vehicle, “O” to junction U.S. Highway 14), and T_ 7. fresh pork bellies, from Anderson, over irregular routes, transporting: Pas- return over the same routes, serving the ¿nctianapolis, and Muncie, Ind., Chicago, sengexs and their baggage, in round trip, intermediate points of Emerald Grove, w 1 m ™ Greenville, Ohio, to points in special operations, beginning and ending Delavan, Dar:e.i, Williams Bay, Fontana, Rn + ,rg*n*a* Virginia, North Carolina, at points in Cameron and Elk Coun and Walworth, Wis. Note: If a hearing f-entucky, and Tennessee. Note: If a ties, Pa., and extending to points in New is deemed necessary, applicant requests earing is deemed necessary, applicant York, including the City of New York, it be held at Madison, Wis. 11246 NOTICES No. MC 120075 (Sub-No. 3), filed June Practices of Motor Common Carriers of points of Wapping, Windsorville, Broad 18, 1965. Applicant: THE TACOMA Household Goods, 17 M.C.C. 467 com Brook, Ellington, Windermere, Vernon SUBURBAN LINES, INC., Post Office modities in bulk, commodities requiring Center, Crystal Lake, Stafford, Stafford- Box 117, Building 2197, Port Lewis, special equipment, and those injurious ville, Orcuttville, Merrow, Mansfield Wash. Applicant’s representative: or contaminating to other lading); (1) Depot, Storrs, North Coventry, Mans George H. Hart, 1100 IBM Building, Se between Guilford, Conn., and Norwich, field, Willing ton, East Willington, and in attle, Wash., 98101. Authority sought to Conn., from Guilford over U.S. Highway Massachusetts, Webster, Dudley, Oxford, operate as a common carrier, by motor 1 and Interstate Highway 95 to Pawca- West Sutton, Douglas, East Douglas, and vehicle, over regular routes, transport tuck, thence over Connecticut Highway Holland; (5) between Torrington, Conn, ing: Passengers and their baggage and 2 to Norwich, and return over the same and Middletown, Conn., from Torrington express and newspapers, in the same ve route, serving all intermediate points over Connecticut Highway 8 to Winsted, hicle with passengers, between Tacoma, and the off-route points of North Madi Conn., thence over U.S. Highway 44 to Wash., and Dupont, Wash.; (a) from son, Killingworth, Grove Beach, Say- Avon, Conn., thence over Connecticut Tacoma over U.S. Highway 99 (Pacific brook Point, Sound View, Black Hall, Highway 10 to Farmington, Conn., Highway) to junction Woodbrook Road Hamburg, North Lyme, East Lyme, Wa thence over Connecticut Highway 4 to SW., thence over Woodbrook Road SW., terford, Groton Center, Old Mystic, Led- Hartford, Conn., thence over U.S. High to junction Interstate Highway 5, thence yard and Poquonock Bridge; (2) between way 5A to Windsor Locks, Conn., thence over Interstate Highway 5 to Dupont and Avon, Conn., and Colchester, Conn., over U.S. Highway 5 to junction Con return over the same route; (b) from from Avon over U.S. Highway 44 to Hart necticut Highway 9, thence over Con Tacoma over Washington Highway 5 ford, Conn., thence over Connecticut necticut Highway 9 to Middletown, (Pacific Avenue) to junction Washington Highway 2 to Norwich, Conn., thence Conn., and return over the same route, Highway 5G, thence over Washington over Connecticut Highway 32 (also serving all intermediate points and the Highway 5G to junction U.S. Highway over Connecticut Highway 12 to Groton, off-route points of Collinsville, North 99, thence over U.S. Highway 99 to junc Conn., thence over Interstate Highway Canton, Canton Center, Barkhamsted, tion Interstate Highway 5, thence over 95 to New London), to New London, Riverton, West Hartland, East Hartland, Interstate Highway 5 to Dupont and re Conn., thence over Connecticut High Colebrook, Bloomfield, Unionville, West turn over the same route; and (c) from way 85 to Colchester, Conn., and re Avon, and Winchester; (6) between Tor Tacoma over Interstate Highway 5 to turn over the same route, serving all rington, Conn., and Granby, Conn., from Dupont and return over the same route, intermediate points and the off-route Torrington over Connecticut Highway 25 serving in connection with routes (a) points of Taftville, South Glastonbury, to junction U.S. Highway 44, thence over through (c) above, the intermediate Gilead, Amston, Hebron, Gardner Lake, U.S. Highway 44 to junction Connecticut points of Edgewood Park, Sylvan Park, North Westchester, Fitchville, and Gil Highway 167, thence over Connecticut Monte Vista, Southgate, McChord Air man; (3) between Hartford, Conn., and Highway 167 to Simsbury, Conn., thence Force Base, Lakeview, Tyee Park, Rho Sturbridge, Mass.: over Connecticut Highway 10 and U.S. dodendron Lanes, Ponders Corner, Lyn From Hartford over U.S. Highway 6 Highway 202 to the Connecticut- wood, Hartyvood, American Lake Gar to Williamantic, Conn., thence over Massachusetts State line. dens, Thomewood, Tillicum, Camp'Mur Connecticut Highway 14 to Canterbury, Thence over U.S. Highway 202 to West- ray (Washington State National Guard), Conn., thence over Connecticut Highway field, Mass,, thence over U.S. Highway 20 Mt. Rainier Ordnance Depct (Port Lewis 14A to Plainfield, Conn., thence over t^ Springfield, Mass., thence over U.S. Logistics Center), Madigan General Hos Connecticut Highway 12 to Norwich, Highway 5 (and/or Interstate Highway pital, North East Port Lewis, North Fort Conn., and thence return over Connecti 91) to Windsor Locks, Conn., thence over Lewis and Fort Lewis Military Reserva cut Highway 12 to Plainfield, Conn., Connecticut Highway 20 to Granby, tion. N ote: If a hearing is deemed nec thence over Connecticut Highway 12 to Conn., and return over the same route, essary, applicant requests it be held at North Grosvenor Dale, Conn., thence serving all intermediate points and the Seattle, Wash. over Connecticut Highway 131 to the off-route points of Weatogue, West No. MC 125875 (Sub-No. 3), filed July Connecticut-Massachusetts State line, Simsbury, West Granby, North Granby, 26, 1965. Applicant: REAL TRANSIT thence over Massachusetts Highway 131 Tarriffville, Poquonock, Rainbow, Scan- CO., a corporation, 905 Bergen Avenue, to Sturbridge, Mass., and return over the tic, Broad Brook, Suffield, Wèst Suffield, Jersey City, N.J. Applicant’s represent same route, serving all intermediate Hazardville, Somers, Somersville, Mel ative: August W. Heckman, 297 Academy points and the off-route points of Mans rose, Burlington, Whigville, North Street, Jersey City, N.J., 07306. Au field Center, Columbia, Chestnut Hill, Bloomfield, Conn., and the following off- thority sought to operate aS a common South Windham, Lebanon, North Frank route points in Granville, Feeding Hills, carrier, by motor vehicle, over regular lin, Baltic, Versailles, Jewett City, Clay- and Agawam, Mass.; (7) between Tor routes, transporting: Passengers and ville, Hopeville, Packerville, Sterling, rington, Conn., and Old Saybrook, Conn., Oneco, Moosup, Almyville, South Kil- from Torrington over Connecticut High their baggage, in the same vehicle, be way 8 to Thomaston, Conn., thence over tween Blairstown, N.J., and Port of New lingly, East Killingly, Ballouville, Pom- fret, North Coventry, Chaplin of Wind U.S. Highway 6 and U.S. Highway 202 York Authority Terminal at New York, to Terryville, Conn., thence over Connec N.Y.; (1) serving all intermediate points ham, North Woodstock, and East Woodstock; (4) between Hartford, ticut Highway 72 to New Britain, Conn., on New Jersey Highway 94 between thence over Connecticut Highway 10 to Blairstown and Newton, N.J.; and (2) Conn., and junction Massachusetts High way 15 and Interstate Highway 90 (near Milldale, Conn., thence over Connecticut serving all intermediate points on U.S. Highway 120 and Alternate U.S. High Highway 206 between Newton and Stan Sturbridge, Mass.), from Hartford over Connecticut Highway 15 to junction way 6 to Middletown, Conn., thence over hope, N.J., in connection with applicant’s Connecticut Highway 9 to Old Saybrook, pending authority in MC 125875. N ote : Connecticut Highway 83, thence over Connecticut Highway 83 to Rockville, Conn., and return over the same route, If a hearing is deemed necessary, appli serving all intermediate points and the cant requests it be held at Newark, N.J. Conn., thence over Connecticut Highway 74 to junction Connecticut Highway 32, off-route points of Pequabuck, Hancock, Applications in Which H andling With thence over Connecticut Highway 32 to Kensington, Berlin, East Berlin, West- out Oral Hearing Has B een R equested Stafford Springs, Conn., thence oyer field, Gildersleeve, Portland, Cobalt, East No. MC 2830 (Sub-No. 5), filed March Connecticut Highway 190 to junction Hampton, Middle Haddam, Haddam 1, 1965. Applicant: THE E. J. KELLEY Connecticut Highway 89, thence over Neck, East Haddam, Rockfall, Durham, Connecticut Highway 89 to junction Durham Center, Yalesville, Tracy, CO., INC., Railroad Square, Torrington, Marion, Middlefield, Moodus, Ivoryton, Conn. Applicant’s representative: John Connecticut Highway 15. Thence over Connecticut Highway 15 Leesville, Hadlyme, and Crystal Lake, R. Sims, Jr., Post Office Box 9101, Arling (8) between Waterbury, Conn., ana ton, Va„ 22009. Authority sought to op to the Connecticut-Massachusetts State line, and thence over Massachusetts Cheshire, Conn., from Waterbury over erate as a common carrier, by motor ve Connecticut Highway 70 to South Meri hicle, over regular routes, transporting: Highway 15 to junction Interstate High General commodities (except those of way 90 (near Sturbridge, Mass.), and den, Conn. ’ unusual value, and except dangerous return over the same route, serving all Thence over U.S. Highway 5 to Wall explosives, household goods as defined in intermediate points and the off-route ingford, Conn., thence over U.S. Highway Wednesday, September 1, 1965 FEDERAL REGISTER 11247 5A and U.S. Highway 5 to New Haven, 7 to Danbury, Conn., and return over the icut-Massachusetts State line, thence Conn., thence over U.S. Highway 1 or same route, serving all intermediate over U.S. Highway 7 to Pittsfield, Mass., interstate Highway 95 to Guilford, Conn., points and the off-route points of Bridge- thence over Massachusetts Highway 8 to and return to New Haven, thence over water, Boardman’s Bridge, Sherman, New North Adams, Mass., thence over Massa Connecticut Highways 63 and 67 to Sey Fairfield, Candlewood Lake, Brookfield chusetts Highway 2 to Williams town, mour, Conn., and return to junction Center, Hawleyville, Bethel, West Red Mass., thence over U.S. Highway 7 to Connecticut Highways 63 and 67 with ding, Redding Ridge, Redding, Weston, Lenox, Mass., thence over U.S. Highway Connecticut Highway 15, thence over Glenbrook, Saugatuck, Rowayton, River 20 to junction Massachusetts Highway 8. Connecticut Highway 15 to junction Con side, Glenville, and Westport; (12) be Thence over Massachusetts Highway 8 necticut Highway 10, thence over Con tween Greenwich, Conn., and White to Massachusetts-Cohnecticut State line, necticut Highway 10 to Cheshire, Conn., Plains, N.Y.: thence over Connecticut Highway 8 to and return over the same route, serving From Greenwich over U.S. Highway 1 Winsted, Conn. ,and return over the same all intermediate points and the off-route (and/or Interstate Highway 95) to New route with service at all intermediate points of Prospect, Bethany, Short Rochelle, N.Y., and return over UB. points and serving the off-route points Beach, Stony Creek, Foxton, Monto- Highway 1 (and/or Interstate Highway in Connecticut of Lakeville, Salisbury, wese, Northford, North Branford/ and 95) to junction Interstate Highway 287, and Lime Rock; and serving the off-route Sachem Head ; ( 9 ) between Thomaston, thence over Interstate Highway 287. to points in Massachusetts of Mill River, Conn., and Norwalk, Conn., from Elmsford, N.Y., thence over New York Southfield, New Marlboro, Hartsville, Thomaston over Connecticut Highway 8 Highway 119 to White Plains, N.Y., and Monterey, Housantonic, Glendale, West through Seymour and Derby to Shelton, return over the same route, serving all Stockbridge, Richmond, Lenoxdale, Conn., thence over Connecticut Highway intermediate points and the off-route Hinsdale, Dalton, Clarksburg, Monroe 34 to New Haven, Conn., thence over point of Old Greenwich, Conn., and the Bridge, East Otis, West Otis, Becket, and U.S. Highway 1 (and/or Interstate off-route points in New York of Harrison, Sandersfield; (16) , between Sharon, Highway 95) to Norwalk, Conn., and re Tuckahoe, Ardsley, Hastings on Hudson, Conn., and Troy, N.Y., from Sharon over turn over the same route, serving all Dobbs Ferry and Irvington, Scarsdale, Connecticut Highway 4 to the Connecti intermediate points and the off-route Hillcrest and Valhalla; (13) between cut-New York State line, thence over points of Middlebury, Stevenson, Monroe, Danbury, Conn., and Poughkeepsie, N.Y., New York Highway 361 to Millerton, Oxford, Stepney, Stepney Depot, Hunt from Danbury over U.S. Highway 6 to N.Y., thence over New York Highway 22 ington, Trumbull, Easton, Aspetuck, the Connecticut-New York State line, and New York Highway 199 to Pine Botsford, Watertown, Woodmont, thence over U.S. Highway 6 to Peekskill, Plains, N.Y., thence over New York High Orange, Upper Stepney, and Wolcutt; N.Y., thence over U.S. Highway 202 to way 82 to Ancram, N.Y., thence over New (10) between Torrington, Conn., and Croton Falls, N. Y., thence over New York York Highway 344 to Copake Falls, N.Y., Brewster, N.Y., from Torrington over Highway 117 to Pleasantville, N.Y., thence over New York Highway 22 to Connecticut Highway 25 to Bantam, thence over New York Highway 141 to Hillsdale, N.Y., thence over New York Conn., thence over Connecticut High Hawthorne, N.Y., thence over New York Highway 23 and 23B to Hudson, N.Y., ways 109 and 209 to Morris, Conn., thence Highway 141 to junction New York thence over New York Highway 66 to over Connecticut Highway 61 to junction Highway 9A, thence over New York High Chatham, N.Y., thence over New York of U.S. Highway 6 and 202, thence over way 9A to Elmsford, N.Y., thence over Highway 203 to junction US. Highway U.S. Highway 6 and 202 to Danbury, Interstate Highway 287 to Tarrytown, 9, thence over U.S. Highway 9 to junction Conn., and return over U.S. Highways 6 N.Y., thence over U.S. 9 to Peekskill, N.Y., New York Highway 398, thence over New and 202 to junction Connecticut Highway thence over New York Highway 9D to York Highway 398 to Stuyvesant, N.Y., 47, thence over Connecticut Highway 47 junction U.S. Highway 9 near Wappin- thence over New York Highway 9J to to junction Connecticut Highway 25. gers Falls, N.Y., thence over U.S. High junction US. Highway 9 and New York Thence over Connecticut Highway 25 way 9 to Poughkeepsie, N.Y., and return Highway 43. to junction Connecticut Highway 45, over the same route, with service at all Thence over New York Highway 43 thence over Connecticut Highway 45 to intermediate points and the off-route and US. Highway 4 to Troy, N.Y., and junction Connecticut Highway 341, points in New York of Somers, Armonk, return over the same route, with service thence over Connecticut Highway 341 to Bedford, Cross River, Goldens Bridge, at all intermediate points and the off- Kent, Conn., thence over U.S. Highway 7 TiHy Foster, Putnam Valley, North route points in New York of Elizaville, to Gaylordsville, Conn., thence over Con Salem, Salem Center, Yorktown Heights, Philmont, Green River, Spencertown, necticut Highway 55 to the Connecticut- Briarcliff Manor, Millwood, New Hack New Lebanon, Nassau, Greenbush, and New York State line, thence over New ensack, Didell, and Bedford Center; (14) Averill Park; (17) between Westfield, York Highways 55 and 22 to Brewster, between Torrington, Conn., and Hudson, Mass., and Worcester, Mass., from West- N.Y., and return over the same route, N.Y., from Torrington over Connecticut field over US. Highway 202 to Holyoke, serving all intermediate points and the Highway 4 to the Connecticut-New York Mass., thence over Massachusetts High off-route points in Connecticut of South- State line at Sharon, Conn. way 141 to Easthampton, Mass., thence ford, East Morris, Northfield, Milton, Thence over New York Highway 343 to over Massachusetts Highway 10 to and serving the off-route points in New junction U.S. Highway 44, thence over Northampton, Mass., thence over US. York of Patterson, Holmes, Towners, U.S. Highway 44 to Poughkeepsie, N.Y., Highway 5 to Bernardston, Mass., and Stormville, Green Haven, Beekman, and thence over U.S. Highway 9 to junction return over US. Highway 5 to Green Quaker Hill* (li) between Bantam, New York Highway 308, thence over New field, Mass., thence over Massachu Conn., and Danbury, Conn., from Ban York Highway 308 to junction New York setts Highways 2 and 2A to Shel tam over Connecticut Highway 25 to New Highway 9G, thence over New York burne Falls, Mass., and return over Milford, Conn., thence over U.S. High- Highway 9G to Hudson, N.Y., and Massachusetts Highway 2 to Green ^ .*° Danbury, Conn., thence over return over the same route with serv field, Mass., thence over Massachusetts U.S. Highway 7 and Connecticut High ice at all intermediate points and the Highway 2 to Riverside, Mass., thence way 35 to Ridgefield, Conn., thence over off-route point in Connecticut of West over Massachusetts Highway 47 to Mon Connecticut Highway 35 to the Connect Cornwall and the off-route points in tague, Mass., thence over Massachusetts icut-New York State line, thence over New York of Lafayetteville, Stanford- Highway 63 to Millers Falls, Mass., New York Highway 35 to South Salem, ville, McIntyre, Clinton Hollow, Clin thence over Massachusetts Highway 2 to N.Y., thence over New York Highway 124 ton Corners, Dover Plains, Wassaic, junction Massachusetts Highway 2A at Pound Ridge, N.Y., thence over New Moores Mill, Billings, East Fishkill, Westminster, Mass., thence over Massa rork Highway 394 to the New York- Hopewell Junction, Salt Point, Cler chusetts Highway 2A to Fitchburg, Mass., connecticut State line, thence over Con mont, Livingston, Upper Red Hook, thence over Massachusetts Highway 12 necticut Highway 29 to Darien, Conn., Nevis, and Fishkill; (15) between Tor to Worcester, Mass., and return over the nence over U.S. Highway 1 (and/or In rington, Conn., and Winsted, Conn., from same route, with service at all inter terstate Highway 95) to Greenwich, Torrington over Connecticut Highways mediate points, and serving the off-route yonn., and return over U.S. Highway 1 4 and 272 to Norfolk, Conn., thence over points in Massachusetts of Woronoco, Interstate Highway 95) to Nor- U.S. Highway 44 to Canaan, Conn., Montgomery, Huntington, Chesterfield, waix, Conn., thence over U.S. Highway thence over U.S. Highway 7 to Connect Williamsburg, Haydenville, Leeds, Gran- 11248 NOTICES by, Buckland, Colrain, Mt. Herman, Pa., and points within 12 miles of Phila thence over U.S. Highway 220 to junction Northfield, East Northfleld, Winchendon, delphia, Pa., including Philadelphia, on U.S. Highway 11 at Roanoke, Va., thence BaldwinviUe, North Hadley* South Had the one hand, and, on the other, Wash over U.S. Highway 11 to Rouses Point, ley, South Hadley Falls, Belchertown, ington, D.C.* and points in New York, and return over the same route, and (b) Ashby, Townsend, and Clinton; and New Jersey, Delaware, and that portion from Savannah, Ga., as specified above, (18) between Springfield, Mass., and of Maryland east of U.S. Highway 1, to Roanoke, Va., and junction of Inter Worcester, Mass. (C)-service is proposed between points state Highway 81, thence over Interstate (a) From Springfield over U.S. High in Philadelphia County, Pa., (D) service Highway 81 to Watertown, N.Y., thence way 5 to Holyoke, Mass., return over is proposed from Baltimore, Md., to over N.Y. Highway 37 to junction U.S. U.S. Highway 5 to Chicopee, Mass., Washington, D.C., Staunton and Har Highway 11 at Malone, N.Y., thence over thence over Massachusetts Highway risonburg, Va., Wilmington, Del., York, U.S. Highway 11 to Rouses Point, and 141 to junction Interstate Highway Harrisburg, Philadelphia, and Wilkes- return over the same route, serving all 90, thence over Interstate Highway 90 Barre, Pa., Jersey City and Newark, N.J., intermediate points in (a) and (b) above to Ludlow, Mass., thence over U.S. High and New York, N.Y., (E) service is pro and the off-route points described above way 20 to Worcester, Mass., (b) from posed between Broadway, N.C., and in (A) thru (I), except those in Penn Springfield over Interstate Highway 90 to points in North Carolina’ within 150 sylvania, Maryland, and West Virginia; Worcester, Mass., and return over the miles of Broadway, on the one hand, and, (3) between Savannah, Ga., and Cham same route with service at all intermedi on the other, points in North Carolina, plain, N.Y., (a) from Savannah, Ga., over ate points and serving the off-route South Carolina, and Virginia, (F) serv U.S. Highway 17 to junction U.S. High points in Massachusetts of East Long- ice is proposed between Charleston, way 13 near Williamston, N.C., thence meadow, Wilbraham, Monson, Three S.C., on the one hand, and, on the other, over U.S. Highway 13 to junction U.S. Rivers, Bondsville, Ware, North Brook points in South Carolina, (G) service is Highway 40 near Wilmington, Del., field, West Brookfield, Brookfield, proposed between points in South Caro thence over U.S. Highway 40 across Del Spencer, Leicester, Rockdale, Warren, lina, on the one hand, and, on the other, aware River Memorial Bridge to U.S. Cherry Valley, Hillsville, Paxton, Holden, points in Forsyth County, N.C., and Highway 130, thence over U.S. Highway Westboro, Grafton, North Grafton, those in that part of Georgia on and 130 to junction U.S. Highway 1, thence Farumsville, Southboro,. Whitinsville, north of. U.S. Highway 80, (H) service over U.S. Highway 1 to junction U.S. Uxbridge, Shrewsbury, Millbury and is proposed between points in South Highway 9W in the New York, N.Y., Oxford. Note : This application is filed Carolina, on the one hand, and, on the commercial zone, thence over U.S. High pursuant to MC-C-4366, effective May 1, other, points in Virginia via Forsyth, way 9W to Albany, N.Y., thence over U.S. 1964, which provides the special rules for County, N.C., gateway, (I) service is Highway 9 to Champlain, and return conversion of irregular route to regular proposed from Richmond, Va., to points over these routes, and (b) from Savan route motor carrier operations. Special in South Carolina and those in Georgia nah, as specified above, to Laurel, Del., Note: Protests to this application may on and north of U.S. Highway 80 via and junction Delaware Highway 28, be filed within 45 days instead of 30 days. Winston-Salem, N.C., gateway. Re thence over Delaware Highway 28 to No. MC 28573 (Sub-No. 28), filed Au stricted to service between the points junction Delaware Highway 18 at gust 16, 1965. Applicant: GREAT and as described above in paragraphs A Georgetown, Del., thence over Delaware NORTHERN RAILWAY COMPANY, a through I inclusive: (1) Between West Highway 18 to Lewes, Del., thence over corporation, 175 East 4th Street, St. Paul Point, Ga., and New York, N.Y., (a) the Lewes-Cape May Ferry to Cape May, 1, Minn. Authority sought to operate as from West Point, Ga., over U.S. High N.J., and U.S. Highway 9, thence over a common carrier, by motor vehicle, over way 29 to Atlanta, Ga. U.S. Highway 9 to junction Interstate regular routes, transporting: General Thence over U.S. Highway 78 to Highway 95, thence over Interstate High commodities, serving Fairfield, Mont., as Athens, Ga., thence over U.S. Highway way 95 to junction Interstate Highway an intermediate point in connection with 29 to Lexington, N.C., thence over U.S. 87, thence over Interstate Highway 87 to applicant’s authorized regular-route Highway 52 to Winston-Salem, N.C., Champlain, and return over the same operation between Great Falls and Du- thence over U.S. Highway 158 to Reids- route, serving all intermediate points in puyer, Mont. Note:. Common control ville, N.C., thence over U.S. Highway 29 (a) and (b) above and the off-route may be involved. to junction U.S. Highway 58 at Danville, points described above in (A) thru (I) No. MC 61264 (Sub-No. 15), filed Feb Va., thence over U.S. Highway 58 to junc inclusive; (4) between Columbus, Ga., ruary 23, 1965. Applicant: PILOT tion Virginia Highway 304 at South Bos and Albany, N.Y., (a) from Columbus FREIGHT CARRIERS, INC., Post Office ton, Va., thence over Virginia Highway over U.S. Highway 27 to Lexington, Ky., Box 615, Winston-Salem, N.C. Appli 304 to junction U.S. Highway 360, thence thence over U.S. Highway 25 to Cincin cant’s representative: James E. Wilson, over U.S. Highway 360 to junction with nati, Ohio, thence over U.S. Highway 42 1735 K Street NW., Washington, D.C. U.S. Highway 1, thence over U.S. High to junction U.S. Highway 20 at Cleveland, Authority sought to operate as a com way 1 to Baltimore, Md., thence over U.S. Ohio, thence over U.S. Highway 20 to mon carrier, by motor vehicle, over Highway 40 to junction with U.S. High Albany, and return over the same route regular routes, transporting: General way 130 at Pennsville, N.J., thence over and (b) from Columbus, over Georgia commodities, except those of unusual U.S. Highway 130 to junction U.S. High Highway 85 to junction Interstate High value, classes A and B explosives, house way 1, thence over U.S. Highway 1 to way 75 at Atlanta, Ga., thence over Inter hold goods as defined by the Commis New York, with permission to use all state Highway 75 to Cincinnati, Ohio, sion, commodities in bulk, and those re ferrys, tunnels, and bridges in the New thence over Interstate Highway 71 to quiring special equipment, (£0 Service York commercial zone, and return over Cleveland, Ohio, thence over Interstate is proposed between points in New the same route, and (b) from West Point, Highway 90 to junction Interstate High Jersey, New York, Boston, Mass., and Ga., over Interstate Highway 85 to junc way 490 near Rochester, N.Y., thence over Chester, Philadelphia, and York, Pa.; tion of Interstate Highway 95 near Pe Interstate Highway 490 to junction In points in Delaware and Philadelphia tersburg, Va., thence over Interstate terstate Highway 90, thence over Inter Counties, Pa., and points within 12 miles Highway 95 to New York City, and return state Highway 90 to Albany and return of Philadelphia, Pa., including Phila over the same route, serving all inter over the same route, serving all inter delphia; Wilmington, Del.; Baltimore, mediate points in (a) and (b) above and mediate and off-route points in New York Md.; Washington, D.C.; points in Dela the off-route points described above in and those in Georgia as specified above, ware, and those in that portion of Mary (A) thru (I) inclusive; (2) between Sa and intermediate and off-route points land east of U.S. Highway 1 via Dela vannah, Ga., and Houses Point, N.Y., (a) in Ohio within 25 miles of Akron, re ware County, Pa. gateway, on the one from Savannah over U.S. Highway 321 stricted to service between the Ohio hand, and, on the other, points in North to junction U.S. Highway 21, thence over points and points in North Carolina, Carolina, South Carolina, and that part U.S. Highway 21 to junction Interstate South Carolina, and Augusta and Savan of Georgia on and north of U.S. Highway Highway 85, thence over Interstate High nah, Ga.; (5) between Winston-Salem, 80; and points in Virginia via North way 85 to Lexington, N.C. N.C., and Philadelphia, Pa.: Carolina-Virginia State line gateway, Thence'over U.S. Highway 52 to Win (a) From Winston-Salem over US- (B) service is proposed between points ston-Salem, N.C., thence over U.S. High Highway 421 to Greensboro, N.C., thence in Delaware and Philadelphia Counties, way 311 to junction U.S. Highway 220, over U.S. Highway 70 tp Durham, N.C., Wednesday, September 1, 1965 FEDERAL REGISTER 11249 thence over U.S. Highway 15 to Oxford, way 495, thence over Interstate Highway to Staunton, Va., from Baltimore, over N.C1., thenee over U.S. Highway 158 to 495 to junction Interstate Highway 70S, U.S. Highway I to Washington, D.C., Henderson, N.C., thence over U.S. High thence over Interstate Highway 70S to thence over U.S. Highway 211 to junction way 1 to Baltimore, Md., thence over U.S. Frederick, Md., thence over U.S. High of US. Highway II, thence over U.S. Highway 40 to Wilmington, Del., thence way 40 to Hagerstown, Md., thence over Highway 11 to Staunton, and return over over U.S. Highway 13 to Philadelphia, Interstate Highway 81 to junction U.S. the same route serving the intermediate and return over the same route, and (b> Highway 15, thence over U.S. Highway points of Washington, DC., and Har from Winston-Salem over Interstate 15 to Rochester, and return over the risonburg, Va., with no transportation Highway 40 to Greensboro, N.C., thence same route, serving all intermediate and for compensation on retorn except as over Interstate Highway 85 to Peters off-route points in North Carolina, otherwise authorized; (16) between Dur burg, Va„ thence over Interstate High Virginia, and New York; (10) between ham, N.C., and Norfolk, Va., from Dur way 95 to Philadelphia, and return over Greensboro, N.C., and Harrisburg, Pa., ham over North Carolina Highway 98 the same route, serving all intermediate from Greensboro, N.C., over U.S. High to junction U.S. Highway 64, thence over points in (a) and (b) above and the off- way 29 to Arlington, Va., thence over U.S. Highway 64 to Rocky Mount, N.C., route points described in (A) thru (I) in U.S. Highway 50 to junction Maryland thence over North Carolina Highway 97 clusive; (6) between Marcus Hook, Pa., Highway 3, thence over Maryland High to junction U.S. Highway 258, thence and New York, N.Y., (a) from Mar way 3 to Baltimore, Md., thence over over U.S. Highway 258 to Franklin, Va., cus Hook over U.S. Highway 13 to Phila Interstate Highway 83 to Harrisburg, thence over U.S. Highway 58 to Norfolk, delphia, Pa., thence over U.S. Highway and return over the same route, serving and return over the same route, serving 1 to New York, and return over the same all intermediate points and the off-route all intermediate and off-route points de route, and (b) from Marcus Hook over points south of Baltimore, Md., including scribed in (A) thru (I) inclusive; (17) U.S. Highway 13 to Chester, Pa., thence Baltimore, Md. and York, Pa., and between Wilmington, N.C., and Rich over U.S. Highway 322 and the Chester- Harrisburg, Pa. restricted to delivery of mond, Va. Bridgeport Perry to junction U.S. High northbound traffic only; (11) between From Wilmington over U.S. Highway way 130, thence over U.S. Highway 130 to Marcus Hook, Pa., and Westfield, N.Y., 117 to junction U.S. Highway 301, thence junction U.S. Highway 1, thence over from Marcus Hook over U.S. Highway 13 over US. Highway 301 to Richmond and Ü.S. Highway 1 or Interstate Highway 95 to junction US. Highway 309, thence return over the same route, serving all to New York, and return over the same over U.S. Highway 309 to Tunkhannock, intermediate and off-route points de route with service proposed to and from Pa., thence over US. Highway 6 to junc scribed in (A) thru (I) inclusive; (18) Marcus Hook, Pa., and all intermediate tion U.S. Highway 220, thence over U.S. between Rockingham, N.C., and Wythe- and off-route points in Delaware and Highway 220 to junction New York ville, Va., from Rockingham over U.S. Philadelphia Counties, Pa., and points Highway 17. Highway 220 to junction U.S. Highway within 12 miles of Philadelphia, Pa., in Thence over New York Highway 17 to 311, thence over US. Highway 311 to cluding Philadelphia, on the one hand, Westfield, and return over the same Winston-Salem, N.C., thence over U.S. and, on the other, all intermediate and route, serving all intermediate and off- Highway 52 to Wytheville, and return off-route points in New Jersey and New route points except as restricted above; over the same route, serving all inter York; C7) between New York, N.Y., and (12) between Winchester, Va., and mediate and off-route points described Boston, Mass,: Niagara Palls, N.Y.; (a) from Win in (A) thru (I) inclusive; (19) between Ca) Prom New York over U.S. Highway chester, over U.S. Highway 522 to junc Bristol, Va., and Wilmington, N.C., from 1 to New Haven, Conn., thence over U.S. tion Interstate Highway 70, thence over Bristol over U.S. Highway 421 to Wil Highway 5 to junction Connecticut Interstate Highway 70 to junction of mington, N.C., and return over the same Highway 15, thence over Connecticut U.S. Highway 30, thence over U.S. High route, serving all intermediate and off- Highway 15 to junction U.S. Highway way 30 to junction U.S. Highway 220, route points in North Carolina and Vir 20, thence over U.S. Highway 20 to Bos thence over U.S. Highway 220 to junction ginia; (20) between Asheville, N.C., and ton, and return over the same route, and Pennsylvania Highway 350, thence over Wilmington, N.C., from Asheville, over (bl from New York, over Interstate Pennsylvania Highway 350 to junction of U.S. Highway 74 to Wilmington, N.C.,’ Highway 95 to Boston, Mass., and return U.S. Highway 322 at Phillipsburg, Pa., and return over the same route serving over the same route, serving all inter thence over U.S. Highway-322 to Clear all intermediate and off-route points mediate points, in (a) and (b> above, anc field, Pa., thence over Pennsylvania described in (A) thru (I) iiidusive; (21) the off-route points south of New York Highway 153 to Penfield, Pa., thence over between Charlotte, N.C., and Raleigh, N-Y., described above in (A) thru (I) in Pennsylvania Highway 255 to junction clusive, (8) between Port Oglethorpe N.C:, from Charlotte, N.C., over North U.S. Highway 219 at Johnsonburg, Pa., Carolina Highway 49 to Asheboro, N.C., Ga., and New York, N.Y., (a) from Fori thence over U.S. Highway 219 to Ham Oglethorpe, over U.S. Highway 27 tc thence over U.S. Highway 64 to Raleigh, burg, N.Y., thence over U.S. Highway 62 N.C., and . return over the same route, Chattanooga, Tenn., thence over U.S to Niagara Palls, and return over the Highway 11 to Knoxville,, Tenn., thence serving all intermediate and off-route same route, and (b) from Winchester, as points described in (A) thru (I) Inclu over U.S. Highway 11W to Bristol, Va. specified above, to junction U.S. Highway thence over U.S. Highway 11 to Harris- sive; (22) between Laurinburg, N.C., and 219 and Pennsylvania Highway 321, Henderson, N.C., from Laurinburg, N.C., + x?’ P a> thence over U.S. Highway 2\ thence over Pennsylvania Highway 321 over US. Highway 401 to Raleigh, N.C., to New York, N.Y., and return over the to Kane, Pa., thence over U.S. Highway same route, and (b) from Fort Ogle- 6 to Warren, Pa., thence over U.S. High thence over U.S. Highway 1 to Hender fSfr£e» Ga., over U.S. Highway 27 tc way 62 via Jamestown, N.Y., to Niagara son, N.C., and return over the same route vnattanooga, Tenn., thence over Inter Palls, and return over the same route, serving all intermediate and off-route state Highway 75 to Knoxville, Tenn. serving all intermediate and off-route points described in (A) thru (I) Inclu tnence^over Interstate Highway 81 tc points, in Virginia and New York; (13) sive; (23) between Charlotte, N.C., and burg, Pa., thence over Interstate between Waverly, N.Y., and Albany, N.Y. Hickory, N.C.; the Way to New York, and return ovei (a) From Waverly, over New York Prom Charlotte, N.C., over North route, serving all intermediate Highway 17 to Binghamton, thence over Carolina Highway 16 to Newton, N.C., Tot-oJ*®_r'aute Points in Georgia, Nev New York Highway 7 to junction U.S. thence over U.S. Highway 321 to Hick y,_mey’^od New York; (9) between Dur- Highway 20, thence over U.S. Highway ory, N.C., and return over the same from and Rochester, N.Y., Cal 20 to Albany and return over the same route, serving all intermediate and off- RoSfSUrham over u s - Highway 15 t< route, serving all intermediate points in route points described in (A) thru (I) j^ h e je r and return over the same (a) above and the off-route points de inclusive; (24) between Charleston, S.C., abnvo +ncL(*i? from Durham as specified scribed in (A) thru (I) inclusive; (14) and Statesville, N.C.» from Charleston, t0 Oxford, N.C., thence over US between Binghamton, N.Y., and Alex S.C., over US. Highway 52 to Salis wav* ft!? \58 to sanction Interstate High- andria Bay, N.Y.; (a) from Binghamton bury, N.C., thence over U.S. Highway 70 Way 85 at Henderson, N.C. over New York Highway 12 to Alexan to Statesville, N.C.» and return over the tj q OVer Interstate Highway 85 anc dria Bay, N.Y., and return over the same same route, serving all intermediate and n v » ^ way l to Petersburg, Va., thence route, serving all intermediate and off- off-route points described in (A) thru Hiav. Interstate Highway 95 and U.S route points, described in (A) through (I) inclusive; (25) between Wilson, N.C., shway l to junction Interstate High- (I) inclusive; (15) from Baltimore, Md., and Savannah, Ga„ from Wilson, N.C,, No. 169---- 7 11250 NOTICES over U.S. Highway 301 to junction U.S. Highway 23 to Macon, Ga., and return over the same routes; from Savannah, as Highway 15 at Summerton, S.C., thence over the same route, and' (b) frofn At specified above, to Charlotte, N:C., thence over U.S. Highway 15 to Walterboro, lanta, Ga., over Interstate Highway 75 to over Interstate Highway 77 to Cleveland, S.C., thence over U.S. Highway 17A to Macon, Ga., and return over the same and return over the same routes. Serv Pocotaligo, S.C., thence over U.S. High route, serving all intermediate and off- ice is proposed to and from all inter way 17 to Savannah, Ga., and return route points described in (A) thru (I) mediate and off-route points except as over the same route, serving all interme inclusive in (a) and (b) above; (33) be restricted above, (B) between Augusta, diate and off-route points described in tween Charleston, S.C., and Greenville, Ga., and Cleveland, Ohio, from Augusta (A) thru (I) inclusive; (26) between S.C. oyer U.S. Highway 25 to Newport, Tenn., Columbus, Ga., and Williamston, N.C., Prom Charleston, S.C., over Interstate thence over U.S. Highway 25E to Corbin, from Columbus over U.S. Highway 80 to Highway 26 to Clinton, S-C., thence over Ky., thence over U.S. Highway 25 to Macon, Ga., thence over Georgia High U.S. Highway 276 to Greenville, S.C., and Cincinnati, Ohio, thence over U.S. High way 49 to Milledgeville, Ga., thence over return over the same route, serving all way 42 to Lodi, Ohio, thence over U.S. Georgia Highway 22 to Sparta, Ga., intermediate and off-route points de Highway 224 to Akron, Ohio, thence over thence over Georgia Highway 16 to scribed in (A) thru (I) inclusive; (34) Ohio Highway 8 to Cleveland, and return Warrenton, Ga. between Macon, Ga., and Savannah, Ga., over these routes, from Augusta, to Thence over U.S. Highway 278 to from Macon, Ga., over U.S. Highway 80 Greenwood, S.C., as specified above, Augusta, Ga., thence over U.S. Highway to Savannah, Ga., and return over the thence from Greenwood, S.C., over U.S. 1 to Raleigh, N.C., thence over U.S. High same route, serving all intermediate Highway 221 to Enoree, S.C., thence over way 64 to Williamston, N.C., and return points and the off-route points north of Interstate Highway 26 to Asheville, N.C.t over the same route, serving all inter U.S. Highway 80; (35) between Atlanta, thence over Interstate Highway 40 to mediate and off-route points described in Ga., and Greenville, S.C., from Atlanta, Knoxville, Tenn., thence over Interstate (A) thru (I) inclusive; (27) between Ga., over U.S. Highway 23 to Cornelia, Highway 75 to Cincinnati,. Ohio, thence Athens, Ga., and Myrtle Beach, S.C., Ga., thence over U.S. Highway 123 to over Interstate Highway 71 to Cleveland, from Athens, over U.S. Highway 78 to Greenville, S.C., and return over the and return over these routes. Service Washington, Ga., thence over U.S. High same route, serving all intermediate and is proposed to and from all intermediate way 378 to Conway, S.C., thence over off-route points described in (A) thru and off-route points except as restricted U.S. Highway 501 to Myrtle Beach, S.C., (I) inclusive; (36) between Esom Hill, above; (C) between Georgetown, S.C., and return over the same route serving Ga., and Charleston, S.C., .from Esom and Cleveland, Ohio, from Georgetown all intermediate and off-route points de Hill, Ga., over U.S. Highway 278 to Au over U.S. Highway 521 to Pinevüle, N.C., scribed in (A) thru (I) inclusive; (28) gusta, Ga., thence over U.S. Highway 78 thence over U.S. Highway 21 to Charles between Swainsboro, Ga., and Green to Charleston, S.C., and return over the ton, W. Va., thence over U.S. Highway ville, S.C., from Swainsboro, over US. same route, serving all intermediate and 35 to Chillieothe, Ohio. Highway 1 to Augusta, Ga., thence over off-route points described in (A) thru Then over U.S. Highway 23 to Co U.S. Highway 25 to Greenville, S.C., and (I) inclusive; (37) between Summerton, lumbus, Ohio, thence over Interstate return over the same route, serving all S.C., and Society Hill, S.C., from Sum Highway 71 to Cleveland and return over intermediate and off-route points de merton, S.C., over U.S. Highway 15 to these routes. Service is proposed to and scribed in (A) thru (I) inclusive; (29) Society Hill, S.C., and return over the from all intermediate and off-route between Macon, Ga., and Athens, Ga., same route, serving all intermediate and points except as restricted above; (D) be from Macon, over U.S. Highway 129 to off-route points described in (A) thru tween Charleston, S.C;, and Akron, Ohio, Athens, Ga., and return over the same (I) inclusive. from Charleston, over U.S. Highway 52 route, serving all intermediate and off- Part n . General commodities (ex to Society Hill, S.C., thence over U.S. route points described in (A) thru (I) cept those of unusual value, classes A Highway 15 to Durham, N.C., thence inclusive; (30) between Port Oglethorpe, and B explosives, tobacco, liquor, com over U.S. Highway 501 to Buena Vista, Ga., and Clearwater, S.C., from Port modities in bulk, commodities requiring Va., thence over U.S. Highway 60 to Lex Oglethorpe, Ga., over Georgia Highway special equipment, and those injurious or ington, Va., thence over U.S. Highway 11 2 to junction U.S. Highway 41, thence contaminating to other lading). Re to Winchester, Va., thence over U.S. over U.S. Highway 41 to Calhoun, Ga., stricted to service between the points of Highway 522 to junction of Interstate thence over Georgia Highway 53 to Augusta and Savannah, Ga., and points Highway 70, thence over Interstate High Gainesville, Ga., thence over U.S. High in North Carolina and South Carolina, on way 70 to junction of Interstate Highway way 129 to Athens, Ga. the one hand, and, on the other, Akron, 80S, thence over Interstate Highway 80S Thence over U.S. Highway 78 to Clear Ohio, and points in Ohio within 25 miles to Akron, and return over these routes. water, S.C., and return over the same of Akron. Additional restriction; The Service is proposed to and from all inter route, serving all intermediate and off- authority proposed herein is restricted mediate and off-route points except as route points described in (A) thru (I) so as to preclude joinder thereof with restricted above ; (E) between Cleveland, inclusive; (31) between Greensboro, N.C., other operating rights of Pilot Freight Ohio and Williamston, N.C., from Cleve and Fort Oglethorpe, Ga., (a) from Carriers, Inc., for the purpose of per land, over Interstate Highway 77 to Can Greensboro, N.C., over U.S. Highway 421 forming a through service. Service is ton, Ohio, thence over U.S. Highway 30 to Winston-Salem, N.C., thence over U.S. proposed in connection with Paragraphs to Breezewood, Pa., thence over Inter Highway 158 to Mocksville, N.C., thence A to E, inclusive, between the points of state Highway 70 to junction of U.S. over U.S. Highway 64 to Statesville, N.C., Augusta and Savannah, Ga., and all Highway 522, thence over U.S. Highway thence over U.S. Highway 70 to Asheville, intermediate and off-route points in 522 to Winchester, Va., thence over U.S. N.C., thence over U.S. Highway 19 to North Carolina and South Carolina, on Highway 50 to Paris, Va., thence over Lake Junaluska, N.C., thence over U.S. the one hand, and, on the other, Akron, Virginia Highway 17 to Fredericksburg, Highway 19A to junction U.S. Highway Ohio, and all intermediate and off-route Va., thence over U.S. Highway 17 to 19, thence over U.S. Highway 19 to Mur points in Ohio within 25 miles of Akron. Williamston, and return over these phy, N.C., thence over U.S. Highway 64 (A) between Savannah, Ga., and Cleve routes, from Cleveland, over U.S. High to Chattanooga, Tenn., thence over U.S. land, Ohio, from Savannah over U.S. way 21 to junction of Interstate Highway Highway 27 to Fort Oglethorpe, Ga., and Highway 321 to Columbia, S.C., thence 80S, thence over interstate Highway 80S return over the same route, and (b) from over U.S. Highway 21 to Charlotte, N.C., to Breezewood, Pa., thence to Willia®8' Greensboro, N.C., over Interstate High thence over Interstate Highway 85 to ton, N.C., as specified above, and return way 40 to junction Interstate Highway Salisbury, N.C., thence over U.S. High over these routes. Service is proposed to 75, thence over Interstate Highway 75 to way 601 to Mount Airy, N.C., thence over and from all intermediate and off-route junction Georgia Highway 2, thence over U.S. Highway 52 to Hillsville, Va. points except as restricted above. Note. Georgia Highway 2 to Port Oglethorpe, Thence over Virginia Highway 100 to This application is filed pursuant to Ga., and return over the same route, Pearisburg, Va., thence over U.S. High serving all intermediate and off-route way 460 to the West Virginia Turnpike, MC-C-4366, effective May 1,1964, whicn thence over West Virginia Turnpike to provides the special rules for conversion points in North Carolina and Georgia; of irregular to regular motor carrier op' (32) between Atlanta, Ga., and Macon, Charleston, West Virginia, thence over Ga.: (a) from Atlanta, Ga., over U.S. U.S. Highway 21 to Cleveland, and return erations. S pecial Note: Protests to tb Wednesday, September 1, 1965 FEDERAL REGISTER H 2 5 1 application may be filed within 45 days merits in tank trucks or tank trailers) ; interstate or foreign commerce of Pas instead of 30 days. propellers or shafts; blades, including sengers and their baggage, in round trip, No. MC 85715 (Sub-No. 3), filed Au bit, scraper and grader; boring machines special and charter, all-expense tours, gust 1ft, 1065. Applicant: J. V. HARRI or mills, including parts and equipment; beginning and ending at points in Lake SON TRUCK LINES, INC., Post Office dam and powerplant machinery and and Cook Counties, 111. (except the city Box 15057, Houston, Tex. Applicant’s equipment {control gates) ; collars, in of Chicago), and extending to points in representative: Dan Felts, Suite 204, 904 cluding drill or pipe; counterbalances, the United States (except Hawaii). Lavaca Street, Post Office Box 1117, Aus including counter shafts and weights; No. MC 116385 (Sub-No. 4), filed tin, Tex. Authority sought to operate hoppers; printing mainlines; telephone August 13, 1965. Applicant : ANTHONY as a common carrier, by motor vehicle, equipment (cables, reels, switchboards); S. KASPER, doing business as NIAGARA over irregular routes, transporting: Ab tools in boxes and houses; trailer, FRONTIER SCENIC TOURS, 7900 Pine sorbers (scrubbers); air or gas lift equip mounted units, including mounted work Avenue, Niagara Falls, N.Y. Applicant’s ment; amplifiers, seismic; anodes, mag over units; treaters; blocks; jacks representative: Clarence E. Rhoney, 727 nesium; armatures theavy) and parts; (heavy); joints, including expansion or Main Street, Niagara Falls, N.Y. Au assemblies, backside, casinghead, Christ kelly; core drilling machines; core drill thority sought to operate as a common mas tree, stuffing, knock-off, screen set ing equipment; protectors Cattached to carrier, by motor vehicle, over irregular ting, seating and set shoe; asphalt plant; pipe) ; and heaters, when not moving as routes, transporting: Passengers and asphalt or pipe line coating, in barrels oilfield equipment between points in their baggage in special operations, in or drums; bailers; barges, benders, pipe; Texas. round trip sightseeing or pleasure tours, blowout preventers: boons, crane, truck, N ote: Applicant states it proposes to between the ports of entry on interna dragline, derrick and tractor; brakes and transport the above-named commodities tional boundary line between the United parts; bridges, portable, buckets, clam (beginning with the commodity “Absorb States and Canada located at Niagara shell, dragline and shovel; bug blowers; ers”) together with its attachments and Falls and Lewiston, N.Y., and points in cable tool drilling machines; cable tools; its detached parts thereof^ between Niagara County, N.Y., within 6 miles of cat heads; chains, loading, in barrels; points in the pickup and delivery limits Niagara Falls, including Niagara Falls. casing spiders, chlorine and other chem of the regular route common carrier mo N ote: Applicant states the above pro icals in steel cylinders or tanks (not tank tor carriers in incorporated cities, towns posed operations will be seasonal in na trucks); gas compressors; connection and villages only when the commodity to ture, beginning April 15 and extending racks; conveyors; core barrels; coring be transported weighs 4,000 pounds or through October 31, inclusive, of each units; clutches (heavy);. crown blocks; more in a single piece or when such com year. crank shafts (heavy!; cross-arms and modity, because of physical character No. MC 127521, filed August 13, 1965. their hardware; cross-ties; cylinder, en istics other than weight, require the use Applicant: SUBURBAN TRANSIT gine and compressor; dehydration units; of “special devices, facilities or equip LINES, a corporation, I3th and C Streets, derrick ramps; derrick starting leg; der ment” for the safe and proper loading or Post Office Box 2190, Sacramento, Calif. rick skids; derrick steps; derrick sub unloading and transportation thereof. Applicant’s representative: Daniel W. structure; drill bits; drill collars; drilling The term “special devices, facilities or Baker, 625 Market Street, San Francisco line; drilling hose; draw works; drilling equipment,” is construed to mean only 5, Calif. Authority sought to operate as a rig machinery; elevators; elevator bails; those operated by motive or mechanical common carrier, by motor vehicle, over engine substructures; empty cylinders; power; and all commodities proposed to regular routes, transporting: Passengers extensions, derrick base; engine com be transported, beginning with “trench and their baggage* express and news pound; finger boards; floor skids; fronts, ing machines,” together with attached papers, in the same vehicle with passen rig or derrick; fishing tools; fouble and detached parts thereof, must require gers, between Sacramento, Calif., and boards; fuel, oil and gasoline (not includ specialized equipment for the safe and McClellan Air Force Base, Calif.'; (a) ing movement in tank trucks or tank proper loading or unloading and trans from Sacramento over city streets to U.S. trailers); garages, portable; guards, portation thereof. Highway 40, thence over U.S. Highway 40 chain and belt; grief stems or kelly No. MC 98964 (Sub-No. 6), filed to junction Del Paso Boulevard, thence joints; guns, mud; gravity meters; heat July 12, 1965. Applicant: PALMER over Del Paso Boulevard to Marysville exchangers; hooks; jack shafts; kelly BROTHERS, INCORPORATED, 1434 Road, thence over Marysville Road to end pipe straighteners; ladders, derrick; South 3d West, Salt Lake City, Utah. junction Grand Avenue, thence over light plants; machinery, pipe screening, Applicant’s representative: Harry D. Grand Avenue to junction Roseville pipe screwing, pipe slotting, pipe thread Pugsley, 600 El Paso Natural Gas Build Road, thence over Roseville Road to ing or cutting, pipe wrapping; water well ing, Salt Lake City 11, Utah. Authority junction Watt Avenue, thence over Watt machinery; water well surveying ma sought to operate as a common carrier, Avenue to McClellan Air Force Base and chinery; milling machine; marsh bug by motor vehicle, transporting: General return over the same route, serving no gies; magnetic field balances; magne commodities (except commodities in bulk intermediate points; and (b) from Sac tometers; mastS; monorail systems; bud and those requiring special equipment); ramento over city streets to U.S. Highway “Oats; mud houses; mud. mixers; mud (.1) over a regular route, between Salt 40, thence over U.S. Highway 40 to junc mufflers {heavy) ; mouse holes; Lake City, Utah, and Santaquin, Utah, tion Interstate Highway 80, thence over nipples, iron, cement; perforators; plan- over U.S. Highway 91, serving all in Interstate Highway 80 to Watt Avenue, ers, power; plow; poles, gin; power termediate points in Utah County, Utah; thence over Watt Avenue to McClellan transmission equipment (towers); pres- and (2) over irregular routes, (a) be Air Force Base and return over the same sure devices; rails, steel; railroad en tween Salt Lake City, Utah, on the route, serving no intermediate points. gines, cars and equipment; rat holes; one hand, and, on the other, points in By the Commission. radiators {heavy); reamers; reinforcing Utah County, Utah, and (b) between t seal I Neil Garson, «wt; retorts, iron or steel; river damps; points in Utah County, Utah. N ote : H. ^ re in fo rc in g and sucker {single and Applicant states no duplicate operating Secretary. ounaies):;, . recording equipment; road rights are sought by this application. ['F.R. Doc. 65-9252; Filed, Aug. 31, 1965; owioer; rig timbers; seismic shooting 8:45 ajn.J . QUipment; slips; shale shakers; screens; Motor Carriers of P assengers substitutes; speed reducers; smoke No. MC 12964, filed August 17, 1965. [Notice 8091 acfcs; starting units; stand pipes; Applicant: JAMES ATHANAS AND SUctions; spears and fishing PHILIP WENDEL, a partnership, doing MOTOR CARRIER APPLICATIONS AND pr*? + a^e7°ffs’ “Power; tool joints; tow- business as EDUCATIONAL-RECREA CERTAIN OTHER PROCEEDINGS hi ’ 1/rea^ n9 plants; tongs; traveling TIONAL TOURS, 1521 Maple Avenue, August 27,1965. v-hrJ and tubing heads; valves; Glenview, III. Applicant’s representa The following publications are gov eii drives; utility houses; welding tive: Edward G. Bazelon, 39 South La erned by the new Special Rule 1.247 of opines; wire line, rope or cable, on Salle Street, Chicago 3, m. For a It- the Commission’s rules of practice, pub lift e The publications hereinafter set forth WATER CARRIERS OF PROPERTY route points of Brewer, Basin Mills, Web reflect the scope of the application as No. W-1123 (Sub-No. 4) (Clarifying ster, and Bradley, Maine; and (2) be filed by applicants, and may include de tween Bangor, Maine, and Stillwater, scriptions, restrictions, or limitations Amendment) (Inland Riverways, Inc,, Maine, over Interstate Highway 95, serv which are not in a form acceptable to Extension-Intermediate Points, Com ing all intermediate points and serving the Commission. Authority which ulti mon Carrier Application), filed April 12, the off-route points of Brewer, Basin 1965, published F ederal R egister, issue mately may be granted as a result of the of April 28, 1965, and republished as Mills, Webster, and Bradley, Maine. applications here noticed will not neces amended, this issue. Applicant: IN N ote: This is a matter directly related sarily reflect the phraseology set forth in LAND RIVERWAYS, INC., 1048 Whit to MC-F 9194, published in F ederal Reg the application as filed, but also will ister issue of August 25, 1965. eliminate any restrictions which are not ney Road, Anchorage, Alaska. Appli No. MC 61440 (Sub-No. 101), filed acceptable to the Commission. cant’s representative: John G. Mc August 16, 1965. Applicant: LEE WAY Laughlin, Pacific Building, Portland, MOTOR FREIGHT, INC., 3000 West Applications Assigned for Oral H earing Oreg., 97204. Authority sought under part III of the Interstate Commerce Act, Reno, Oklahoma City, Okla., 73108. MOTOR CARRIERS OF PROPERTY for a revised certificate to operate as a Applicant’s representative: Roland Rice, No. MC 94265 (Sub-No. 157), filed Au common carrier by water in the trans 61G Perpetual Building, 1111 E Street gust 19,1965. Applicant: BONNEY MO portation of general commodities, and in NW., Washington, D.C., 20004. Author TOR EXPRESS, INC., Post Office Box the performance of general towage, be ity sought to operate as a common car 12388, Thomas Comer Station, Norfolk, tween the mouth of the Yukon River and rier, by motor vehicle, over regular Va. Applicant’s representative: E. Ste routes, transporting: (1) General com Fort Yukon and between the confluence modities (except those of unusual value, phen Heisley, Transportation Building, of the Yukon and Koyukuk Rivers and classes A and B explosives, automobiles, Washington, D.C., 20006. Authority Betties; serving, on the Yukon, all points livestock, household goods as defined by sought to operate as a common carrier, east of Marshall; and on the Koyukuk the Commission, commodities in bulk and by motor vehicle, over irregular routes, all points between Koyukuk and Betties; those requiring special equipment), serv transporting: Meat, meat products, meat The service will be seasonal, between ing Stephenville, Tex., as a point of byproducts, dairy products, and articles May and October, both inclusive. N ote: joinder in connection with applicant’s distributed by meat packinghouses (ex Applicant states it will also provide ir authorized regular-route operations be cept hides and commodities in bulk, in regular-route service between points on tween Waurika, Okla., and San Antonio, tank vehicles), from points in Iowa, to the Porcupine and Innoko Rivers. The Tex.; (2) general commodities (except points in Alabama, Florida, Georgia, purpose of this republication is to show those of unusual value, classes A and B North Carolina, South Carolina, Tennes that applicant intends to perform gen explosives and ammunition and compo see, Louisiana, Mississippi, Virginia, and eral towage operations. nent parts of ammunition, however clas West Virginia. N ote: Applicant states HEARING: Remains as assigned Octo sified, household goods as defined by the no duplicate authority is sought. ber 4, 1965, in Conference Room 212, Commission, commodities in bulk and HEARING: September 20, 1965, in Federal Building, Anchorage, Alaska, those requiring special equipment), be Room 401, Old Federal Office Building, before Examiner H. Reece Harrison. tween Roanoke, Tex., and San Antonio, Fifth and Court Avenues, Des Moines, N otice of F iling of P etitions Tex.; from Roanoke over U.S. Highway Iowa, before Examiner Armin G. Clem 377 to Stephenville, Tex., thence over ent. No. MC 61016 (Sub-No. 15) (Correc U.S. Highway 281 to San Antonio and No. MC 111231 (Sub-No. 85), filed Au tion) (Petition for Amendment of Cer return over the same route, serving no gust 23, 1965. Applicant: JONES tificate) , filed August 3, 1965, published intermediate points, provided however, TRUCK LINES, INC., 610 East Emma F ederal R egister, issue of August 18, that Fort Worth, Tex., may be served as Avenue, Springdale, Ark. Authority 1965, and republished as corrected this a point of joinder only in connection with sought to operate as a common carrier, issue. Petitioner: PETER PAN BUS applicant’s regular-r o u t e operations. by motor vehicle, over irregular routes, LINES, INC., Springfield, Mass. Peti N ote: This is a matter directly related transporting: Conduit, pipe, and tubing, tioner’s representative: Frank Daniels, to MC-F 9195, published in the Federal plastic, or fiber (bituminized or indu 15 Court Square, Boston, Mass., 02108. R egister issue of August 25,1965. rated), with and without fittings, from N ote : The purpose of this republication No. MC 99094 (Sub-No. 2), filed Au Sherman, Tex., to points in Arkansas, is to show the correct docket number as gust 9,1965.- Applicant: BINGHAMTON Missouri, Oklahoma, and Kansas. above, No. MC 61016 (Sub-No. 15), in DELIVERY, INC., % Jackson Street, HEARING: September 20,1965, at the lieu of No. MC 61016 (Sub-No. 16) shown Binghamton, N.Y. Applicant’s repre Baker Hotel, Dallas, Tex., before Exam in previous publication, in error. sentative: Herbert M. Canter, Mez iner Hobart C. Clough. zanine, Warren Parking Center,, 345 No. MC 113362 (Sub-No. 81) (Repub Applications for Certificates or P er mits W hich Are T o B e P rocessed South Warren Street, Syracuse, N.Y., lication), filed July 27, 1965, published Concurrently W ith Applications U n 13202. Authority sought to operate as a F ederal R egister issue of August 19, common carrier, by motor vehicle, over 1965, and republished this issue; Appli der S ection 5 Governed by S pecial R u l e 1.240 to t h e E x t e n t A p p l ic a b l e regular routes, transporting: General cant: ELLSWORTH FREIGHT LINES, commodities (except those of unusual INC., 220 East Broadway, Eagle Grove, No. MC 28536 (Sub-No. 11), filed Au value, classes A and B explosives, house Iowa. Applicant’s representative: Wil gust 16, 1965. Applicant: FOX & GINN, hold goods, commodities in bulk, and liam J. Boyd, 30 North La Salle Street, INC., 12 Howard Lane, Bangor, Maine. those requiring special equipment) be Chicago, HI., 60602. Authority sought to Applicant’s representative: Roland Rice, tween Binghamton and Syracuse, N.Y., operate as a common carrier, by motor 618 Perpetual Building, 1111 E Street over U.S. Highway 11 and Interstate vehicle, over irregular routes, transport NW., Washington, D.C., 20004. Authority Highway 81, serving no intermediate ing : Frozen food and frozen products, in sought to operate as a common carrier, points, but serving the off-route points cluding frozen animal and poultry food, by motor vehicle, over regular routes, of the village of Johnson City, the village from New Bedford, Mass., and points transporting: General commodities (ex of Endicott, the hamlet of Vestal and the within twenty (20) miles thereof, to cept those of unusual value, classes A hamlet of Endwell, all located in Broome points in Illinois, Indiana, Iowa, Michi and B explosives, livestock, household County, N.Y. Note: This is a matter to gan, Minnesota, Missouri, Nebraska, goods as defined by the Commission, new be concurrently handled with MC-F- Ohio, and Wisconsin. N ote: The pur furniture, uncrated, commodities in 8869, published in F ederal R egister is pose of this republication is to reflect the bulk, commodities requiring special sue of September 10,1964. hearing information. equipment and those injurious or con HEARING: September 22,1965, at the taminating to other lading); (1) be MOTOR CARRIERS OF PASSENGERS New Post Office and Courthouse Building, tween Bangor, Maine, and Milford, No. MC 2395 (Sub-No. 1), filed Au Boston, Mass., before Examiner John S. Maine, over U.S. Highway 2, serving all gust 17, 1965. Applicant: DELAWARE Messer. intermediate points and serving the off- BUS COMPANY, a corporation, 1609 Del" Wednesday, September 2, 1965 FEDERAL REGISTER 11253 aware Avenue, Wilmington, Del. Appli KOTOR CARRIERS OF PROPERTY traffic moving to the territories or pos cants representative: Ii. C. Major, Jr.* No. MC-F-9161 (West Motor Freight, sessions of the United States; gasoline, 2001 Massachusetts Avenue, Washing Die., Purchase, Clarence H. Zero), pub from Vinvale, Calif.* to Long Beach, ton 6, D.C. Authority sought to operate Calif., borax, soda ash, and potash, from lished in the July 14, 1965, issue of the Westend and Trona, Calif*, to Los An as a common carrier, by motor vehicle, F ederal Register on page 8878. Appli over regular routes, transporting: ill cation filed August 25, 1965, for tempo geles Harbor and Long Beach, Calif.; Passengers and their baggage, newspa rary authority under section 210a(b). flour, from Los Angeles Harbor and Long pers and express, in the same vehicle with Beach, Calif., to certain points in Cali passengers, in a seasonal operation be No. MC-F-9196. Authority sought for fornia; lumber, from Los Angeles Harbor tween May 15 and September 15, both purchase by JACK GRAY TRANSPORT, and Long Beach, Calif., to certain points inclusive of each year, between Bridge- INC., 3200 Gibson Transfer Road, Ham in California; steel, in sheets, and pipe, ton, N.J., and Wildwood, N.J.; from mond, Ind., of a portion of the operating from Los Angeles Harbor and Long Bridgeton over New Jersey Highway 49 to rights of PAUL W. WILLS, INC., Post Beach,; Calif.* to Monrovia, Calif.; pig function New Jersey Highway 47, thence Office Box 5407, Cleveland, Ohio, 44101, iron, from Los Angeles Harbor and Long over New Jersey Highway 47 via Rio and for acquisition by JOHN S. GRAY, Beach, CalifM to certain points in Cali Grande, N.J., to Wildwood, and return JR., also of Hammond, Ind., of control fornia; paper, in roll*, or bundles, from of such rights through the purchase. Los Angeles Harbor and Long Beach* over the same route, serving all inter Applicants’ attorney: Rex Eames, 1800 mediate points; (2) passengers and their Buhl Building, Detroit* Mich., 48226. Calif.» to certain points in California; baggage, newspapers and express, in the Operating rights sought to be trans blacksmith coal and peat moss, from Los same vehicle with passengers, (a) be ferred: Pebble aggregates, s a n d ,and Angeles Harbor and Long Beach, Calif.» tween Wilmington, Del., and Atlantic limestone, as a common carrier, over to Westend, Calif»; piling, from Los An City, N.J., from Wilmington over U.S. irregular routes, between points in In geles Harbor and Long Beach, Calif., to Highway 13 to junction U.S. Highway 40, diana and Michigan within 40 miles of South Gate and Ocern Park, Calif.; coke, thence over U.S. Highway 40 via the Del the Indiana-Michigan State line; and in bulk, from Los Angeles Harbor and aware Memorial Bridge to junction New high-temperature bonding mortar and Long Beach, Calif., to Alhambra and Jersey Highway 49, thence over New dead-burned magnesite, in bulk, from Westend, Calif.; conduit, from Los An Jersey Highway 49 to Pennsville, N.J. points in Manistee County* Mich., to geles Harbor and Long Beach, Calif., to (formerly from Wilmington over U.S. points in Illinois, Indiana, and Ohio. Alhambra* Calif.; and canned goods, Highway 13 to junction Delaware High Vendee is authorized to operate as a from Los Angeles Harbor and Long way 41, thence over Delaware Highway common carrier in Indiana, Illinois, Iowa, Beach, Calif.* to Beverly Hills and Pasa 41 to New Castle, Del., thence across the Missouri, Michigan, Minnesota, Wiscon dena, Calif.; and under a certificate of Delaware River to Pennsville, N.J.), sin, Ohio, Kentucky, Pennsylvania, and registration, in Docket No. MC-48205 thence over New Jersey Highway 49 via West Virginia. Application has not been Sub 5, in intrastate commerce covering Salem, N.J., to Bridgeton, N.J., thence filed for temporary authority under sec the transportation of property within over New Jersey Highway 77 to junction the State of California. DENVER CHI tion 210a(b). CAGO TRUCKING COMPANY, INC., is unnumbered highway, thence over un No. MC-F-9197. Authority sought for numbered highway to Richland, N.J., control by DENVER CHICAGO TRUCK authorized to operate as a common car thence over U.S. Highway 40 to Atlantic ING COMPANY, INC., 45th Avenue at rier in Colorado, Washington, Illinois, City, and return over the same route* Jackson Street, Denver, Colo., of WEST Missouri, Arizona, California, New York, serving all intermediate points in New COAST FAST FREIGHT, 500 South Idaho, Indiana, Pennsylvania, Wyoming, Jersey, except those north of Pennsville, Greenwood, Montebello, Calif.* and for Nebraska, New Mexico, Ohio, Connecti N.J., on New Jersey Highway 49 between acquisition by LESLIE G. TAYLOR, also cut, Iowa* Kansas* Massachusetts* New the Delaware Memorial Bridge and of Dei.ver, Colo., of control of WEST Jersey, Oregon* Rhode Island, Utah, Pennsville, N.J., Cb) between Pennsville, COAST FAST FREIGHT, through the Michigan* Kentucky* and Tennessee. N.J., and Wilmington, Del., from Penns acquisition by DENVER CHICAGO Application has been filed for temporary ville over New Jersey Highway 49 to junc authority under section 210a(b). Note: tion New Jersey Bridge Approach Road, TRUCKING COMPANY, INC. Appli MC-48205 Sub 6, filed concurrently... thence over New Jersey Bridge Approach cants’ attorneys and representative* re No. MC-F-9198. (See No. MC-F-8632 spectively: Axelrod, Goodman & Steiner, GOREA’S MOTOR EXPRESS* INC — Road and across the Delaware Memorial 39 South La Salle Street, Chicago, HI., Bridge, thence over the Delaware Bridge 60603, Donald Murchison, 211 South CONTROL—PEETSMITH FREIGHT Approach Road to junction Wilmington- Beverly Drive, Beverly Hills, Calif., and CORF.)* published in the January 1, New Castle Highway, and thence over Zorum Hurt, 500 South Greenwood, Mon 1964, issue of the F ederal Register on Wilmington-New Castle Highway to tebello, Calif. Operating rights sought page 37. GOREA’S MOTOR EXPRESS, Wilmington, and return over the same to be controlled: General commodities, INC., controls PEETSMITH FREIGHT route, serving all intermediate points, excepting, among others, household CORP., through ownership of capital &nd Cc) between JPennsville, N.J., and goods and commodities in bulk, as a com stock, and, in turn by PHILIP J. GO REA, Richland, N.J., from Pennsville over New mon carrier over irregular routes, be pursuant to authority granted July 17, Jersey Highway 49 (formerly shown as tween Los Angeles and Vernon, Calif., 1984, by the Commission, Finance Board Portion U.S. Highway 40) to junction and points in Los Angeles County within No. 1. By combined petitions and u.S. Highway 40, thence over U.S. High 5 miles of the intersection of Ninth and amendment, considered as an applica way 40 to Richland, and return over the Indiana Streets, Los Angeles, Calif., on tion under section 5(2) (b), applicants same route, serving no intermediate the one hand, and, on the other, Los now seek merger into GQREA’S MOTOR Points. N o t e : Applicant states the sole EXPRESS, INC., of the operating rights Phpose of the instant application is to Angeles Harbor, and Long Beach, Calif.; and property of PEETSMITH FREIGHT obtain authority to transport express canned goods and fruit juices, in barrels, CORP., and for acquisition by PHILIP shipments with passengers. This appli from certain points in California, to Los J. GOREA, of control of such rights and cation is directly related to MC-F-9097, Angeles Harbor and Long Beach Harbor, property through the transaction. Published August 25, 1965. Calif.; citrus fruit, from Placentia and No. MC-F-9199. Authority sought for Fullerton, Calif., to Los Angeles Harbor, purchase by TURNER’S EXPRESS, Applications U n d e r S e c t io n s 5 and Calif.; citrus fruits (packed), from cer INCORPORATED, 1300 Shelton Avenue, 210a(b) tain points in California, to Los Angeles Harbor, Calif.; machinery, from Fuller Norfolk, Va., of a portion of the operat The following applications are gov- ton, Calif., to Wilmington, Calif.* from ing rights of BONNEY MOTOR EX orped by the Interstate Commerce Com- Los Angeles Harbor and Long Beach, PRESS, INC., Box 12388 Thomas Corner “Pssion’s Special Rules governing notice Calif., to Glendale, Calif.; fertilizer, from Station, Norfolk, Va., and for acquisition : PhPg of applications by motor car Los Angeles Harbor, Calif., to certain by E. C. TURNER, 1300 Shelton Avenue, e rs of property or passengers under sec- points in California; orange juice, from Norfolk, Va., of control of such rights 3°ps 5(a) and 210a(b) of the Interstate Brea, Calif., to Los Angeles Harbor, through the purchase. Applicants’ at ommerce Act and certain other pro- Calif., with no service authorized in the torney: James W. Lawson, 100 16th with respect thereto <49 CFR reverse direction. Restriction: The Street, Washington, D.C., 20036. Op service authorized herein is restricted to erating rights sought to be transferred: 11254 NOTICES Meats, meat products, and meat by ney: Edward G. Grogan, Suite 2020, First ceptions, over irregular routes; canned products, and paper and paper products, National Bank Building, Memphis, Tenn. goods and groceries, from De Kalb, Nor except commodities in bulk and com Operating rights sought to be trans ton, and Rochelle, 111., to points stated modities requiring special equipment, ferred: General commodities, excepting, under the foregoing authorization to having a prior or subsequent movement among others, household goods and com tranport general commodities, with ex by motor carriers to or from Norfolk or modities in bulk, as a common carrier ceptions, over irregular routes, and farm Suffolk, Va., or a prior or subsequent over a regular route, between Tunica, implements and machinery and parts movement by rail or water carriers to Miss., and Memphis, Tenn., and all in thereof, and automobile parts, from Can Or from any point in the territory au termediate points, and the off-route ton, Moline, and Peoria, 111., to points in thorized to be served, as a common car points within 3 miles of the specified Kansas and Oklahoma stated under the rier, over irregular routes, between points route. VIRGINIA SHERMAN LAVEN foregoing authorization to transport gen in Surry, Sussex, Isle of Wight, South DER, doing business as TUNICA TRUCK eral commodities, with exceptions, over hampton, Nansemond, and Norfolk LINE, holds no authority from this Com irregular routes, and to those in the St. Counties, Va., and Newport News, Va. mission. However, it is affiliated with Louis, Mo.-East St. Louis, 111., commercial Vendee is authorized to operate as a EDWARD DARBY LAVENDER, doing zone, supra. WILSON FREIGHT FOR common carrier in Maryland, Virginia, business as LAMBERT-MARKS EX WARDING COMPANY, is authorized to New York, New Jersey, Pennsylvania, PRESS, 122 East Virginia, Memphis, operate as a common carrier in Ohio, Delaware, and the District of Columbia. Tenn., mail: Marks, Miss., which is au Pennsylvania, New York, Massachusetts, Application has not been filed for tem thorized to operate as a common carrier Maryland, West Virginia, North Carolina, porary authority under Section 210a(b). in Tennessee, and Mississippi. Applica Connecticut, New Jersey, Indiana, Ken No. MC-F-9200. Authority sought for tion has not been filed for temporary tucky, Tennessee, Illinois, Minnesota, purchase by LYON VAN LINES, INC., authority under section 210a (b). Rhode Island, Missouri, Iowa, Wisconsin, 3416 South LaCienega Boulevard, Los No. MC-F-9202. Authority sought for and the District of Columbia. Applica Angeies, Calif., 90016, of a portion of control and merger by WILSON tion has not been filed for temporary the operating rights of PACIFIC INTER- FREIGHT FORWARDING COMPANY, authority under section 210a(b). MOUNTAIN EXPRESS CO., 1407 Clay 3636 Follett Avenue, Cincinnati, Ohio, No. MC-F-9204. Authority sought Street, Oakland, Calif., 94604, and for' 45223, of the operating rights and prop for control by INTERNATIONAL UTILI acquisition by LYON VAN & STORAGE erty of FREIGHT WAYS, INC., 1309 TIES CORPORATION, 200 University CO., 1950 South Vermont Avenue, Los North Mosley Street, Wichita, Kans., Avenue, Toronto 1, Ontario, Canada, of Angeles, Calif., 90007, of control of such 67201, and for acquisition by LEONARD RYDER TRUCK LINES, INC., 2701 rights through the purchase. Appli S. SHORE, DAVID M. GANTZ, S. DAVID South Bayshore Drive, Miami, Fla., 33133. cants’ attorneys: Wyman C. Knapp, 740 SHOR, and KOSEPH M. GANTZ, all of INTERNATIONAL UTILITIES CORPO Roosevelt Building, 727 West Seventh Cincinnati, Ohio, of control of such RATION has assigned all right, title, and Street, Los Angeles, Calif., 90017, and rights and property through the trans interest of the above stock purchase, to W. S. Pilling, 1407 Clay Street, Oakland, action. Applicants’ attorneys: Harry C. its wholly-owned Subsidiary, INTER Calif., 94604. Operating rights sought to Ames, Jr., Transportation Building, NATIONAL UTILITIES, INC., 1900 Land be transferred: Household goods, as de Washington 6, D.C., and Milton H. Bortz, Title Building, Philadelphia, Pa. Ap fined by the Commission, as a common 3636 Follett Avenue, Cincinnati, Ohio, plicants’ attorneys: Roland Rice, 618 carrier, over irregular routes, between 56223. Operating rights sought to be Perpetual Building, Washington, D.C., points in Nebraska, on the one hand, and, controlled and merged: General com 20014, and Richard C. Bull, 19th Floor, on the other, points in Iowa, Illinois, modities, excepting, among others, Land Title Building, Philadelphia, Pa. Minnesota, and Colorado, between Sioux household goods and commodities in Operating rights sought to be controlled: City and Council Bluffs, Iowa, and points bulk, as a Common carrier over regular General commodities, with certain speci in Iowa within 50 miles of Sioux City and routes, between Oklahoma City, Okla., fied exceptions, as a common carrier, Council Bluffs, on the one hand, and, on and Chicago, HI., serving certain inter over regular and irregular routes, be the other, points in Illinois, Minnesota, mediate and off-route points, between tween certain specified points in the and Colorado, between points in Lan Oklahoma City, Okla., and Springfield, States of Alabama, Georgia, South Caro caster County, Nebr., on the one hand, 111., Westbound, serving all intermediate, lina, North Carolina, Tennessee, Florida, and, on the other, points in Kansas. Re Eastbound, serving the intermediate Ohio, Virginia, Texas, Louisiana, Missis striction: No shipments shall be trans point of Springfield, Mo., with restriction, sippi, Illinois, Indiana, Kentucky, Mis ported under any combination or between Wichita, Kans., and Springfield, souri, and Wisconsin, with certain re through joinder of the rights in the three Mo., serving no intermediate points, be strictions, serving various intermediate paragraphs next above from, to, or be tween Kingdom City, Mo., and St. Louis, and off-route points, numerous alternate tween points in two or more of the de Mo., Eastbound and Westbound service routes for operating convenience only; scribed radial origin or destination areas, restricted (with exception); the above and numerous other specified commodi nor may household goods be transported routes are restricted against the trans ties, over regular and irregular routes, from, to, or between any point under said portation of traffic moving between Kan from, to, and between certain specified carrier’s other existing rights and those sas City, Kans., and Kansas City, Mo., points in all States in the United States in the three radial areas described imme on the one hand, and, on the other, points (except Alaska and Hawaii), and the diately above. N ote: Applicants seek in the St. Louis, Mo.-East St. Louis, 111., District of Columbia, with certain re removal of the restriction in the herein commercial zone, supra, except for the strictions, serving various intermediate above described operating rights and interchange of traffic originating at, or and off-route points, as more specifically that its removal is a condition precedent destined to, points west of Kansas City, described in Docket Nos. MC-78632 and to the consummation of this transaction. Kans.; two alternate routes for operating subnumbers thereunder, MC-2900 and Vendee is authorized to operate as a convenience only; general commodities, subnumbers thereunder, and MC-110698 common carrier in all States in the with exceptions as specified above, over and subnumbers thereunder (see note United States (except Alabama, Alaska, irregular routes, between certain points (2)). This notice does not purport to be Hawaii, and West Virginia), and the Dis in Kansas, on the one hand, and, on the a complete description of the operating trict of Columbia. Application has not rights of the carrier involved. The fore been filed for temporary authority un other, points in Oklahoma, Missouri, and going summary is believed to be suffi der section 210a(b). Illinois on the regular routes above, and cient for purposes of public notice re No. MC-F-920i. Authority sought for the off-route points in connection there garding the nature and extent of this purchase by VIRGINIA SHERMAN with, between certain points in Okla carrier’s operating rights without stat LAVENDER, doing business as TUNICA homa, on the one hand, and, on the other, ing, in full, the entirety thereof. IN TRUCK LINE, Post Office Box 387, points in Kansas, Missouri, and Illinois TERNATIONAL UTILITIES CORPO Marks, Miss., of a portion of the oper on the routes above, and the off-route RATION and INTERNATIONAL UTILI ating rights of JULIUS R. TAYLOR, points in connection therewith; clothing, TIES, INC., hold not authority from this doing business as TAYLOR TRUCK from Kankakee, 111., to points stated Commission. Application has not been LINE, 122 East Virginia Avenue, Mem under the foregoing authorization to filed for temporary authority under sec phis, Term., 38126. Applicants’ attor transport general commodities, with ex tion 210a(b). >> Wednesday, September 1, 1965 FEDERAL REGISTER 11255 N o t e : (1) A motion to dismiss has Borough of Queens, New York, N.Y., and mack Road and Oradell Avenue, in Ora been filed concurrently. (2) By order carrier’s present termini in the Borough dell, N.J., and junction River Road and dated July 6, 1965, as supplemented by of Manhattan, New York, N.Y., serving New Jersey Highway 4, between junc order dated August 13,1965, by the Com no intermediate points. Restriction: tion River Road and River Edge Road, mission, Finance Board No. 1, HOOVER The authority granted herein is re in New Milford, NJ., and junction Tena MOTOR EXPRESS COMPANY, INC. stricted to the transportation of pas fly Road and Palisade Avenue, between (name changed to RYDER TRUCK sengers and their baggage originating Valley Cottage, N.Y., and junction U.S. LINES, INC.), was authorized to control at or destined to points on carrier’s Highway 9W and New Jersey Highway 4, and merge the operating rights and prop presently authorized routes in New Jer between Haverstraw, N.Y., and junction erty of RYDER TRUCK LINES, INC., sey, for such periods in 1964 and 1965, as New York Highways 304 and 59, between and RYDER TANK LINES, INC. A new the New York World’s Fair is open to Suffem, N.Y., and Spring Valley, N.Y., certificate has not yet been issued by this the public; passengers and their baggage, between West Nyack, N.Y., and Nyack, Commission. and express, and newspapers, in the same N.Y., between Sparkill, N.Y., and Tap- No. MC-F-9203. Authority sought for vehicle with passengers, between junc pan, N.Y., serving all intermediate (1) control and merger by ROCKLAND tion Clinton Avenue and Washington points; passengers and their baggage in COACHES, INC., 126 North Washington Avenue in Bergenfield, &.J., and junc the same vehicle with passengers, be Avenue, Bergenfield, N.J., of the operat tion Knickerbocker Road and Palisade tween Pearl River, N.Y., and Harrington ing rights and property of HILL BUS Avenue in Englewood, N.J., between Park, N.J., between Montvale, N.J., and COMPANY, 126 North Washington Ave junction Sharer Street and Paris Ave Rockland State Hospital, Orangeburg, nue, Bergenfield, N.J., and (2> for pur nue in Northvale, N.J., and junction N.Y., between Sparkill, N.Y., and Tappan, chase by ROCKLAND COACHES, INC., Schraalenburgh Road and La Roche N.Y., serving all intermediate points; and of the operating rights of ROCKLAND Avenue in Harrington Park, N.J., be passengers and their baggage, between TRANSIT CORPORATION, 126 North tween junction Closter Road and certain specified points in New York, Washington Avenue, Bergenfield, N.J., Schraalenburgh Road in Harrington serving all intermediate points. ROCK and for acquisition by ERNEST CAPI- Park, N.J., and junction River Edge Road LAND COACHES, INC., is authorized to TANI, ERNEST A. CAPITANI, JR., in Jefferson Avenue in Tenafly, N.J., be operate as a common carrier in all States MARY CAPITANI, and AMELIA CAPI tween junction Closter Dock Road and in the United States (except Hawaii). TANI GERACE, all of Bergenfield, N.J., Bogert Street in Closter, N.J., and junc Application has not been filed for tem of control of such rights and property tion Durie Avenue and Closter Dock porary authority under section 210a(b>. through the transaction. Applicants’ Road in Closter, N.J., between junction attorney: S. S. Eisen, 140 Cedar Street, River Edge Road and Tenafly Road in By the Commission. New York, N.Y., 10006. Operating rights Tenafly, N.J., and junction Palisade Ave [seal] H. N eil Gaeson, sought to be (1) controlled and merged; nue and Tenafly Road in Englewood, N. J., Secretary. and (2) transferred: CHILL BUS COM between junction County Road and [F.R. Doc. 65-9247; Filed, Aug. 31, 1965; PANY) Passengers and their baggage, Union Avenue in Cresskill, N.J., and 8:46 a.m.] and express, in the same vehicle with junction Highwood Avenue and River passengers, as a common carrier, over Edge Road in Tenafly, N.J., serving all regular routes, between Westwood, N.J., intermediate points; and passengers and [Notice 811] and junction Madison Avenue and the their baggage, in the same vehicle with MOTOR CARRIER APPLICATIONS AND New York Central Railroad in Dumont, passengers, between junction Portland N.J., serving all intermediate points with Avenue and'Main Street in Bergenfield, CERTAIN OTHER PROCEEDINGS exception, between junction New Jersey N.J., and junction Clinton Avenue and August 27,1965. Highway 4 and Teaneck Road in Tea- Washington Avenue in Bergenfield, N.J., The following publications are gov neck, N.J., and New York, N.Y., between between junction Queen Anne Road and erned by the new Special Rule 1.247 of Westwood, N.J., and junction Elm Street State Street in West Englewood, N.J., the Commission’s rules of practice, pub and Schraalenburgh Road in Harrington and junction New Jersey Highway 4 and lished in the Federal R egister, issue of Park, N.J., between junction Clinton Teaneck Road in Teaneck, N.J., between December 3,1963, which became effective Avenue and Washington Avenue in Ber junction Schraalenburgh Road and Elm January 1,1964. genfield, N.J., and New York, N.Y., be Street in Harrington Park, N.J., and Special notice. The publications here tween junction Lemoine Avenue and junction Railroad Station Plaza and Elm inafter set forth reflect the scope of the Myrtle Avenue in Fort Lee, N.J., and Street in Harrington Park, N.J„ serving applications as filed by applicants, and junction Lemoine Avenue and New Jer all intermediate points, two alternate may include descriptions, restrictions, or sey Highway 4, in Fort Lee, N.J., serving routes for operating convenience only; limitations which are not in a form ac all intermediate points. (ROCKLAND TRANSIT CORPORA ceptable to the Commission. Authority Passengers and their baggage, between TION) Passengers and their baggage, which ultimately T_’ay be ^ranted as a Oradell, N.J., and New York, N.Y., be and express, newspapers and mail, in result of the applications here roticed tween junction West Main Street and the same vehicle with passengers, as a will not necessarily reflect the phrase Washington Avenue in Bergenfield, N.J., common carrier, over regular routes, be ology set forth in the application as and junction State Street and Queen tween Spring Valley , N.Y., and New York, filed, but also will eliminate any re Anne Road in West Englewood, N.J., be N.Y., between junction Kinderkamack strictions which are not acceptable to tween junction Boulevard and Henley Road and New Milford Avenue, in Ora the Commission. Avenue (River Edge Road) in New Mil dell (formerly New Milford Avenue), ford, N.J., and junction Center Street N.J., and junction Madison Avenue and Applications Assigned for Oral H earing and River Road in New Milford, N.J., the New York Central Railroad, in Du MOTOR CARRIERS OF PROPERTY between junction, Prospect Avenue and mont, N.J., between Spring Valley, N.Y., West Church Street in Bergenfield, N.J., and junction Elm Street and Schraalen The applications immediately follow and junction West Church Street and burgh Road in Harrington Park, N.J., ing are assigned for hearing at the Station Square in Bergenfield, N.J., be- between Pearl River, N.Y., and Orange time and place designated in the notice tween junction Kinderkamack Road and burg, N.Y., serving all intermediate of filing as here published in each pro C)id Hook Road in Westwood, N.J., and points; passengers and their baggage, ceeding. All of the proceedings are sub junction Old Hook Road and Schraalen- and express, in the same vehicle with ject to the special rules of procedure for urgh Road in Closter, N.J., between passengers, between junction Schraalen hearing outlined below: JJumont, N.J., and Bergenfield, N.J., be burgh Road and Closter Road (formerly SPECIAL RULES OF PROCEDURE FOR HEARING tween junction West Church Street and Livingston Avenue), in Harrington Park, Ration Square, and junction Station N.J., and junction Grand Avenue and (1) All of the testimony to be adduced fiAii?’rxTan<* Main Street, in Bergen New Jersey Highway 4, between junction by applicant’s company witnesses shall ia““’ between Teaneck, N.J., and Closter Road (formerly Livingston Ave be in the form of written statements rgenfleld, N.J., between New Milford, nue) , Harrington Avenue, and Knicker which shall be submitted at the hearing towU Teaneck, N.J., serving all in- bocker Road, in Harrington Park, N.J., at the time and place indicated. ^nnediate points; between the site of and junction Palisade Avenue and Grand (2) All of the written statements by New York World’s Fair in Flushing, Avenue, between junction Kinderka applicant’s company witnesses shall be 11256 NOTICES offered in evidence at the hearing in the WARNER & SONS TRUCKING CO., and Easonville, on the one hand, and same manner as any other type of evi Route No. 1, 3224 Sand Creek Highway, Alabama Highway 77 on the other hand, dence. The witnesses submitting the Adrian, Mich. Applicant’s representa via Alabama Highways 53 and 34, serving written statements shall be made avail tive: Robert A. Sullivan, 1800 Buhl Build all intermediate points, (10) between able at the hearing for cross-examina ing, Detroit, Mich., 48226. Certificate of Talladega and Harpersville as follows: tion, if such becomes necessary. public convenience and necessity sought (a) From Talladega to junction of un (3) The written statements by appli to operate a freight service as follows: numbered county road and Alabama cant’s company witnesses, if received in Transportation of general commodities, Highway 25 via unnumbered county evidence, will be accepted as exhibits. To from points in Michigan to the plantsite highway serving all intermediate points, the extent the written statements refer and facilities of Gibson Refrigerator Co., and (b) from junction of Alabama High to attached documents such as copies of division of Hupp Coip. at Belding, Mich. way 25, with unnumbered county road to operating authority, etc., they should be HEARING: September 21, 1965, at Harpersville via Alabama Highway 25, referred to in written statement as num 9:30 a.m., offices of the Commission, serving all intermediate points; (11) be bered appendices thereto. Lewis Cass Building, Lansing, Mich. tween Alexander City and Roanoke via (4) The admissibility of the evidence Request for procedural information in Alabama Highway 22, serving all inter contained in the written statements and cluding the time for filing protests, con mediate points; (12) between Camp Hill the appendices thereto, will be at the cerning this application should be ad and Lafayette via Alabama highway 50, time of offer, subject to the same rules as dressed to Michigan Public Service Com serving all intermediate points; (13) be if the evidence were produced in the mission, Lewis Cass Building, Lansing, tween Wetumpka and Sylacauga via Ala usual manner. Mich., and should not be directed to the bama Highway 21 and U.S. Highway 231, (5) Supplemental testimony by a wit Interstate Commerce Commission. serving all intermediate points; (14) be ness to correct errors or'to supply in State Docket No. assigned 15685, filed tween Childresburg and Winterboro over advertent omissions in his written state August 20, 1965. Applicant: NORTH Alabama Highway 76, for operating con ment is permissible. ALABAMA EXPRESS, INC., Post Office venience only, with no service whatso No. MC 113325 (Sub-No. 58), filed Au Box 349, Alexander City, Ala. Appli ever at any intermediate points, and (15) gust 16, 1965. Applicant: SLAY TRANS cant’s representative: J. Douglas Harris, between Lafayette and Wadley over Ala PORTATION CO., INC., 2001 South 410-411 Bell Building, Montgomery, Ala. bama Highway 77, serving all interme Seventh Street, St. Louis, Mo., 63104. Certificate of public convenience and ne diate points. Applicant’s representative: Chester A. cessity sought to operate a freight serv HEARING: September 2,1965, at 9:30 Zyblut, 1000 Connecticut Avenue NW., ice as follows: General commodities, ex a.m., Room 702, State Office Building, Washington, D.C., 20036. Authority cept those requiring special equipment, Montgomery, Ala. Requests for proce sought to operate as a common carrier, commodities in bulk and commodities in dural information including the time for by motor vehicle, over irregular routes, jurious to other lading over the follow filing protests concerning this applica transporting: Chemicals, in bulk, be ing regular routes: (1) Between Annis tion should be addressed to the Alabama tween points in St. Charles Parish, La., ton and Sylacauga via Alabama Highway Public Service Commission, Post Office on the one hand, and, on the other, 21 serving all intermediate points; (2) Box 991, Montgomery, Ala., and should points in the United States (except between Birmingham, and Sylacauga via not be directed to the Interstate Com Alaska and Hawaii). Alabama Highway 38 or U.S. Highway merce Commission. HEARING; October 11, 1965, at the 280, serving all intermediate points; (3) By the Commission. Federal Office Building, 701 Loyola Ave between Sylacauga and Opelika via UB. nue, New Orleans, La., before Examiner Highway 280 or Alabama Highway 38, [seal] ^ H. Neil Garson, Warren C. White. serving all intermediate points; (4) be Secretary. By the Commission. tween Anniston and Goodwater as fol [F.R . Doc. 65-9249; Filed, Aug. 31, 1965; lows: (a) From Anniston to Heflin via 8:46 ajn.] [seal] H. Neil G arson, Secretary. U.S. Highway 78, serving all intermediate points; and (b) from Heflin to Good- [Notice 37] [F.R. Doc. 65-9248; FUed, Aug. 31, 1965; water via Alabama Highway 9, serving all 8:46 a.m.] intermediate points; (5) between Annis MOTOR CARRIER TEMPORARY ton and Opelika as follows: (a) From AUTHORITY APPLICATIONS Anniston to junction U.S. Highway 78 NOTICE OF FILING OF MOTOR CAR and Alabama Highway 21 via Alabama August 27, 1965. RIER INTRASTATE APPLICATIONS Highway 21, serving all intermediate The following are notices of filing of August 27,1965. ; points; and (b) from junction of U.S. applications for temporary authority un Highway 78 and Alabama Highway 21 der section 210a(a) of the Interstate The following applications for motor via Alabama Highway 21 to Sylacauga Commerce Act provided for under the common carrier authority to operate in thence over Alabama Highway 38 or U.S. new rules in Ex Parte No. MC 67 (49 intrastate commerce seek concurrent Highway 280 to Opelika, serving all in CFR Part 240), published in the Federal motor carrier authorization in interstate termediate points; (6) between Lafayette R egister, issue of April 27, 1965, effec or foreign commerce within the limits and Opelika as follows: (a) From Lafay tive July 1, 1965. These rules provide of the intrastate authority sought, pur ette to Lanett via Alabama Highway 50, that protests to the granting of an appli- suant to section 206(a) (6) of the Inter serving all intermediate points; (b) from . • ______a _ j ¿A u a u ~ rvflfinfal state Commerce Act, as amended Oc Lanett to Opelika via U.S. Highway 29, named in the F ederal R egister publica tober 15, 31962. These applications are with service at Rock Mills and Pepperell tion, within 15 calendar days after the governed by special rule 1.245 of the as off-route points and serving all inter date notice of the filing of the applica Commission’s rules of practice, pub mediate points, and (c) between Lanett tion is published in the Federal R egister. lished in the F ederal R egister, issue of and Opelika via Interstate Federal High One copy of such protest must be served April 11, 1963, page 3533, which pro way No. 85; (7) between Whitney and on the applicant, or its authorized rep vides, among other things, that protests resentative, if any, and the protest must and requests for information concerning Harpersville as follows: (a) From Whit the time and place of State Commission ney to Asheville via Alabama Highway 53 certify that such service has been made. hearings or other proceedings, any sub or U.S. Highway 231, serving all interme The protest must be specific as to the sequent changes therein, and any other diate points, and (b) from Ashville to service which such protestant can and Harpersville via Alabama Highway 25, will offer, and must consist of a signed related matters shall be directed to the serving all intermediate points; (8) be State Commission with which the ap original and six (6) copies. tween Lincoln and Wedowee as follows: A copy of the application is on file, plication is filed and shall not be ad (a) From Lincoln to Talladega via Ala dressed to or filed with the Interstate bama Highway 77, serving all intermedi and can be examined, at the Office of Commerce Commission. ate points, and (b) from Talladega to the Secretary, Interstate Commerce State Docket No. C-9135, Case No. 6, Wedowee via Alabama Highway 77, 9, Commission, Washington, D.C., and also filed June 16, 1965. Applicant: JAMES and Alabama Highway 48, serving all in in the field office to which protests are & IRENE C. WARNER, doing business as termediate points; (9) between Cropwell to be transmitted. Wednesday, September 1, 1965 FEDERAL REGISTER 11257 % Motor Carriers of P roperty general distribution manager. Send other, points in Fayette and Westmore No. MC 62896 (Sub-No. 10 TA), filed protests to: Ray G. Atherton, Jr., Dis land Counties, Pa.; (e) between Wash August 24, 1965. Applicant: CHARLES trict Supervisor, Bureau of Operations ington, D.C., on the one hand, and, on W. POOLE AND BRERETON POOLE, and Compliance, Interstate Commerce the other, Annapolis, Md., and points in a partnership, doing business as Commission, Room 320, U.S. Post Office Culpeper and Orange Counties, Va. (2) POOLE’S DRAYAGE CO., 1619 Ecking- Building, Jackson, Miss., 39201. Payroll checks, business papers, records ton Placé NE., Washington, D.C., 20002. No. MC 107496 (Sub-No. 398 TA), filed and audit and accounting media of all Applicant’s representative: Dickson R. August 25, 1965. Applicant: RUAN kinds (excluding plant removals); (a) Loos, Brawner Building, 888 17th Street TRANSPORT CORPORATION, Keosau- between Canton, Ohio, on the one hand, NW., Washington, D.C., 20006. Author qua at Third, Post Office Box 855, Des and, on the other, Detroit, Mich.; (b) ity sought to operate as a common car Moines, Iowa, 5039. Applicant’s repre between Cincinnati, Ohio, on the one rier, by motor vehicle, over irregular sentative: William Hogarth (Same ad hand, and, on the other, Indianapolis routes, transporting: Meats and pack dress as applicant). Authority sought to and Ricmond, Ind.; (c) between Erie, inghouse products, fresh and frozen operate as a common carrier, by motor Pa., on the one hand, and, on the other, foods, poultry and seafood, fresh fish, vehicle, over irregular routes, transport Medina, N.Y., and Conneaut, Painsville, including shellfish and other commod ing: Calcium carbide residue, in bulk, and Willoughby, Ohio, for 180 days. ities normally exempt from regulations in pneumatic hopper trailers, from the Supporting shippers: Cullen Photo Serv when moving in mixed shipments with site of Union Carbide Corp. facilities at ice, Inc., 1334 North Henry Street, Alex aforementioned products (not excluding Woodstock, Term., to the sites of the Mis andria, Va., 22314, Eastman Kodak Co., any article presently authorized in MC sissippi Highway construction projects Rochester, N.Y., 14650, The Service Bu 62896), (1) from Washington, D.C., to at or near Canton, Grenada, Indianola, reau Corp., 1519 Central Parkway, Cin Winchester, Va., and (2) between Mar- and Oakland, Miss., for 180 days. Sup cinnati, Ohio, 45214, The Timken Roller tinsburg and Charles Town, W. Va., porting shipper: Union Carbide Corp., Bearing Co., Canton 6, Ohio, United Data Hagerstown, Md., and Winchester, Va., 270 Park Avenue, New York 17, N.Y. Processing Service, Inc., Cincinnati, Ohio, for 180 days. Supporting shipper: The Send protests to : Ellis L. Annett, Dis Lake Shore Wholesale Lumber Corp., Grand Union Co., 100 Broadway, East trict Supervisor, Bureau of Operations 2121 McKinley Avenue, Erie, Pa., Dyna- Paterson, N.J., 07407, Attention: N. J. and Compliance, Interstate Commerce color Corp., Brockport, N.Y., ABC Photo, Jordon, traffic manager. Send protests Commission, 227 Federal Office Building, Detroit, Mich. Send protests to: E. N. to: Robert D. Caldwell, District Super Des Moines, Iowa, 50309. Carignan, District Supervisor, Bureau of visor, Bureau of Operations and Com No. MC 109397 (Sub-No. 126 TA), filed Operations and Compliance, Interstate pliance, Interstate Commerce Commis August 25, 1965. Applicant: TRI Commerce Commission, 346 Broadway, sion, Room 1220, 12th and Constitution, STATE MOTOR TRANSIT CO., 315 East New York, N.Y., 10013. Washington, D.C., 20423. 7th Street Road, Post Office Box 113, Jop No. MC 112696 (Sub-No. 28 TA), filed No. MC 94350 (Sub-No. 146 TA), filed lin, Mo. Applicant's representative: August 24, 1965. Applicant: HART August 24, 1965. Applicant: TRANSIT Max G. Morgan, 450 American National MANS, INCORPORATED, 833 Chicago HOMES, INC., 210 West McBee Avenue, Building, Oklahoma City, Okla. Author Avenue, Post Office Box 898, Harrison Transit Homes Building, Post Office Box ity sought to operate as a Gommon car burg, Va., 22801. Authority sought to 1628, Greenville, S.C. Applicant’s rep rier, by motor vehicle, over irregular operate as a common carrier, by motor resentative: Henry P. Willimon, Post routes, to interchange Classes A and B vehicle, over irregular routes, transport Office Box 1075, Greenville, S.C. Au Explosives with Baggett Transportation, ing: Fresh and frozen meats and dairy thority sought to operate as a com- MC-76177 and C. I. Whitten, MC-47142, products, from New York, N.Y., to the mon carrier, by motor vehicle, over at Jeffersonville, Ind., and Joplin, Mo., plantsites and cold storage facilities used irregular routes, transporting: Trailers, when moving on Government Bills of by the Frank G. Shattuck Co. at Win designed to be drawn by passenger auto Lading destined to California and Wash chester, Va., and Martinsburg, W. Va., for mobiles, in initial movements, from ington Ports of Embarkation, for 150 180 days. Supporting shipper: Frank G. Greeley, Colo., to points in Louisiana days. Supporting shipper: Military Shattuck Co., Post Office Box 270, Win and points in the United States west of Traffic Management and Terminal Serv chester, Va. Send protests to: George S. the Mississippi River, for 180 days; ice, Department of Defense, will support Hales, District Supervisor, Bureau of Op supporting shipper: Central Industries, this application. Send protests to: O. L. erations and Compliance, Interstate b a6u ’ Colo. Send protests to: Arthur Scherer, District Supervisor, Bureau of Commerce Commission, 215 Campbell Abercrombie, District Supervisor, Bu Operations and Compliance, Interstate Avenue SW., Roanoke, Va. reau of Operations and Compliance, Commerce Commission, 1100 Federal Of No. MC 113690 (Sub-No. 2 TA) , filed interstate Commerce Commission, 509 fice Building, 911 Walnut Street, Kansas August 25, 1965. Applicant: SIDNEY T. reaeral Building, 901 Sumter Street, City, Mo., 64106. SMITH, 29 Crawford Street, Boston Columbia, S.C. No. MC 111729 (Sub-No. 112 TA), filed (Roxbury), Mass. Applicant’s repre No. MC 107002 (Sub-No. 265 TA), filed August 24,1965. Applicant: ARMORED sentative: Robert J. Gallagher, 111 State S ^ IO, 1965. Applicant: HEARIN CARRIER CORPORATION, 222-17 Street, Boston, Mass., 02109. Authority GS“1*1® TRANSPORTERS, INC., Post Northern Boulevard, De Bevoise Build sought to operate as a contract carrier, Office Box 1123, Highway 80 West, Jack- ing, Bayside, N.Y. Applicant’s repre by motor vehicle, over irregular routes, Miss., 39205. Applicant’s repre- sentative: J. K. Murphy, Executive Vice transporting: New steel furniture, from sentative: D. d . Kennedy, Post Office President, 222-17 Northern Boulevard, New York City, N.Y., to points in Mas- Jackson, Miss. Authority Bayside, N.Y. Authority sought to op siachusetts, Connecticut, and Rhode Is u to operate as a common carrier, ' erate as a common carrier, by motor ve land, for 180 days. Supporting ¡shipper: l vehicle, over irregular routes, hicle over irregular routes, transporting: Art Steel Co., Inc., 170 West 233d Street, shiro!!!0^ 1^8'. 1 Biquid hydrogen in (1) Exposed and processed film and Bronx, N.Y., 10463. Send protests to: prints, complimentary replacement film, Donald G. Weiler, District Supervisor, facifitv Af 5SSrrs’ from the hydrogen Bureau of Operations and Compliance, to Îa? APCI’near Long Beach, Calif., incidental dealer handling supplies, and advertising literature moving therewith Interstate Commerce Commission, 30 Ceni!. ? eorgf e - Marshall Space Plight Federal Street, Boston, Mass., 02110. Kennprt?^LHunteviUe> A la>* Cape (excluding motion picture film used Facilité’ Pla'’ (C) Mississippi Test primarily for commercial theater and No. MC 116063 (Sub-No. 75 TA), filed (D) nnear Pearl River, Miss.; and television exhibition); (a) between August 25,1965. Applicant: WESTERN- liauiri S ans Parish, La. 2. Empty points in Berkeley County, W. Va., on the COMMERICAL TRANSPORT, INC., Orleans y^ roP9Jl trailers, from points in one hand, and, on the other, Alexandria, 2400 Cold Springs Road, Post Office Box sen faMiT+ariS* ’Iia” the hquid hydro- Va.; (b) between Detroit, .Mich., on the 270, Fort Worth, Tex., 76111. Authority C&f ^ S 5 L °f hear Long Reach, one hand, and, on the other, points in sought to operate as a common carrier, with tran^LfJÜC« move is in conjunction Mahoning and Trumbull Counties, Ohio; by motor vehicle, over irregular routes, as shdwn^K0^ ^ 11 oi hquid hydrogen (c) between Philadelphia, Pa., on the one transporting: Diglycolamine, in bulk, frig shinnJr^Aj6’ *or 180 hays. Support-', hand, and, on the other; points in Lacka from Austin, Tex., to Monument, N. Mex., Inc >uwt ^ohucts and Chemicals, wanna County, Pa.; .(d) between Pitts for 180 days. Supporting shipper: Mr. ’ Allent°wn, Pa., j. K. McConnell, burgh, Pa., on the one hand, and, on the Dale W. Crawford, supervisor, rates and No. 169------a M25S NOTICES routes, Jefferson Chemical Co., Inc.,, 1121 above authority, so as to provide a single- vue Boulevard, Memphis, Tenn, Appli Walker Avenue, Post; Office Box 53300, line service between all of its present cer cant’s representative : James W. Wrape, Houston 52, Tex. Send protests to: tificated authority, including Nashville, Sterick Building, Memphis, Tenn. Au Ralph Bezner, District Supervisor, Bu and Elizabethtown, for 180 days. Sup thority sought to operate as a common- reau of Operations and Compliance, In porting shippers: Thè Gates Rubber Co,, carrier, by motor vehicle, over irregular terstate Commerce Commission, 816 999 South Broadway, Denver, Colo., routes, transporting: Household goods, T&P Building, Fort Worth, Tex., 76102, 80217, Mr. Vernon D. Gabe, traffic op as defined in Practices of Motor Carriers No. MC 120981 (Sub-No. 3 TA), filed erations coordinator, Clements Paper of Household Goods, 17 M.C.C. 467, in August 25, 1965. Applicant: NORTH Co., Post Office Box 7096, South Station, containers, between points in Shelby, TENNESSEE FREIGHT LINE, INC., 606 Nashville, Tenn., 37210, Mr. J. C. Peebles, Tipton, Fayette, Hardeman, Haywood, Fifth Avenue South, Nashville, Tenn., manager, Fine Paper Order Department, Madison, Lauderdale, Crockett, and Dyer 37203. Applicant’s representative: Wal Colonial Corp. of America, Woodbury, Counties, Tenn.; Crittendon, St. Francis, ter Harwood, Nashville Bank & Trust Tenn., 37190, Gordon Dressier, traffic Phillips,. Mississippi, Monroe, Craighead,. Building, Nashville, Tenn., 37203. Au manager, St. Regis Paper Co., 90 Frank Cross,, Lee, and Poinsett Counties, Ark.; thority sought to operate as a common lin Street, Nashville, Tenn., 37202, R. R. Desoto,, Tunica, Tate, Marshall, Lafay-. carrier, by motor vehicle, over regular Randolph, office manager, Washington ette, Coahoma, Panola, Quitman, Tip routes, transporting: General commodi Manufacturing Co., 218-28 Second pah, and Union Counties, Miss., re ties (except household goods as defined Avenue North, Nashville, Tenn., 37203, stricted to shipments (I) for freight for by the Commission, class A and B ex Mr. J. H. Rice, general traffic manager, warders where a freight forwarder is plosives, commodities in bulk, and articles D. W. Swindle & Sons Co., Cherokee transporting this commodity pursuant requiring special equipment) , (1) Be Avenue, Nashville, Tenn., 37207, Charles to the exemption in 49 U.S.C.A., 1002(b) tween Portland, Tenn., and Nashville,. T. Swingle, sales manager, Kusan, Inc., (2) and (2) which have had a prior or Tenn., (a) from Portland over Tennes 3206 Belmont Boulevard, Post Office Box will have had a subsequent movement see Highway 52 to junction U.S. High 9277, Nashville, Tenn., 37204, J. C. beyond the area described above, for 180 way 31W, thence over U.S. Highway 31W Schrimsher, traffic manager, Anderson^ days. Supporting shipper: Davidson to Nashville, and return over the same Hickey Co., 913-917 Cherokee Avenue, Forwarding Co., 3180 V Street NE, route, serving all intermediate points Post Office Box 8038, Nashville, Tenn., Washington, D.C., 20018. Send protesta between Goodlettsville), (b) from Port 37207, Egner Melin, traffic manager, to: William W. Garland, District Super land, over Tennessee Highway 109 to Genesco, 111 Seventh Avenue North, visor, Bureau of Operations and Compli Gallatin, Tenn., thence over U.S. High Nashville* Tenn., 37202, Eugene E. ance, Interstate Commerce Commission*. way 31E to Nashville, and return over Wager, director of traffic and Southern Room 390, Federal Building, 167 North the same route serving no intermediate*^ Leather Co., 701 Ewing Avenue, Nash Main, Memphis, Tenn., 38103. points between Gallatin and Nashville, ville, Tenn., 37204, Jack Scalici, manager. Motor Carriers of P assengers Tenn., including Gallatin, and serving Send protests to : J. E. Gamble, District Fountain Head, Tenn., as an off-route Supervisor, Bureau of Operations and No, MC 125130 (Sub-No. 4 T A ), filed point; (2) between Junction Tennessee Compliance, Interstate Commerce Com August 25, 1965. Applicant: DALTON- Highway 52 and U.S. Highway 31W and mission, 706 U.S. Courthouse, Nashville, HINSDALE BUS LINE, INC., River Mitchellville, Tenn.; from junction Ten Tenn., 37203. Road, Hinsdale, Mass. Applicant’s rep nessee Highway 52 and U.S. Highway No: MC 124639 (Sub-No. 10 TA), filed resentative: Frank Daniels, 15 Court 31W, north over U.S. Highway 31W to August 24, 1965. Applicant: MISSOURI Square, Boston, Mass., 02108. Authority junction unnumbered highway near the LUMBER TRANSPORTS, INC., Post sought to operate as a common carrier, Tennessee-Kentucky State line, thence Office Box 171, Pilot Knob, Mo. Author by motor vehicle, over irregular routes, east over unnumbered highway to Mit ity sought to operate as a common car transporting: Passengers and their bagr chellville, and return over the same route, rier, by motor vehicle, over irregular gage, in special operations, in round-trip serving all intermediate points; (3) be routes; transporting: Quarry stone and sightseeing or pleasure tours, and in all tween junction U.S. Highway 31W and fabricated Missouri Red Granite, from expense round-trip sightseeing or pleas Tennessee Highway 109, and Portland, Graniteville, Mo., to points in Illinois, ure tours, beginning and ending at Tenn., over Tennessee Highway 109, serv Indiana, Missouri, Michigan, Ohio, points in Berkshire County, Mass*, and ing all intermediate points; (4) between Pennsylvania and New York, for 180 extending to the New York World’s Fair, junction U.S. Highway 31W and Ten days. Supporting shipper: Heyward Flushing, N.Y., for 150 days. Supporting nessee Highway 52, and junction Ten- Granite Co., Graniteville, Mo. Send shippers: Mrs.. Nicholas Boraski, ToweE nesee Highway 25 and U.S. Highway protests to: J. P. Werthmann, District Road, Dalton, Mass., Mrs. Robert Law 3IW; from junction U.S. Highway 31W Supervisor, Bureau of Operations and rence, 12 Pleasant Street, Dalton, Mass., and Tennessee Highway 52, west over Compliance, Interstate Commerce Com Mrs. Albert Gagne, 43 Hall Street, North Tennessee Highway 52 to Orlinda, Tenn. mission, Room 3248-B, 1520 Market. Adams, Mass., Mrs. Paul Meyers, Maple Thence south over new unnumbered Street, St. Louis, Mo., 63103. Street, Hinsdale, Mass., Mrs. Roger Con No. MC 127343 (Sub-No. 2 TA) , filed nor, 86 Crofut Street, Pittsfield, Mass., highway to Cross Plains, Tenn., thence Mrs. Helen Brooks, 29% Willow Street, east over Tennessee Highway 25 to junc August 25, 1965. Applicants J. PAUL WILLIAMSON, doing business as Adams, Mass., and Mrs; Mary Harvey, tion U.S. Highway 31W, and return over 226 Pleasant Street, Pittsfield, Mass* the same route, serving all intermediate OWENS VALLEY MILLING COMPANY,. 600. South Main Street, Bishop, Calif., Send protests to: Joseph H. LaCour, 338 points; (5) between Mitchell, Tenn., and Federal Building, Springfield, Mass., Elizabethtown, Ky., from Mitchell (ap 93514. Authority sought to operate as proximately one-half mile south of the a common carrier, by motor vehicle, 01103. Tennessee-Kentucky State line), over over regular routes, transporting : Feath- By the Commission. erock products (Volcanic Scoria),, from U.S. Highway 31W to Elizabethtown, and [seal! H. Neil Garson, return, serving no intermediate points. Leevining, Calif., to Lone Pine, Calif., on Secretary. N ote: Routes CD through (4) above traffic having a subsequent out-of-state correspond with the Tennessee intra movement by rail, over U.S. Highway [PB. Doc. 68-9250; FUed, Aug. 31, 1365; state authority held by applicant and 395, serving no intermediate points, for 8:47 a.m.] in connection with which applicant holds 120 days. Supporting shipper: Feath- a certificate of registration. Since ap erock, Inc., 6331 Hollywood Boulevard, [Notice 1225] plicant seeks authority to serve Eliza Los Angeles, Calif. Send protests to: bethtown, a point in another State Daniel Augustine, District Supervisor, MOTOR CARRIER TRANSFER (Kentucky) and which, if granted, would Bureau of Operations and Compliance, PROCEEDINGS cancel said certificate of registration, by Interstate Commerce Commission, II this application it also seeks temporary West Telegraph Street, Carson City, August 27, 1965: authority to operate over its present Nev., 89701. Synopses of orders entered pursuant routes in Tennessee, as well as from No. MC 127528 TA, filed August 25, 1965. Applicant: P & B TRANSFER & to section 212(b) of the Interstate Com Mitchell, Tenn., to Elizabethtown, Ky. merce Act, and rules and regulatio Applicant proposes to tack all of the STORAGE CO., INC., 936 South Belle Wednesday, September 1, 1965 FEDERAL REGISTER 11259 prescribed thereunder (49 CFR Part Smith, 511 Fidelity Building, Indianap the operating rights in Certificate No. 179), appear below: olis, Ind., 46204, attorney for applicants. MC-46384, issued April 24, 1958, to Fran As provided in the Commission’s spe No. MC-FC-68081. By order of August ces Margolies, doing business as Mar- cial rules of practice any interested per 24i 1965, the Transfer Board approved golies Van Co., Bronx, N.Y., authorizing son may file a petition seeking recon the transfer to John Macintosh Coal the transportation, over irregular routes, sideration of the following numbered Co., a corporation, doing business as of household goods, between New York, proceedings within 20 days from the date H. M. Leacy Movers, Watertown, Mass., N.Y., on the one hand, and, on the other, of publication of this notice. Pursuant to of Certificate No. MC-51285, issued April points in Connecticut, New Jersey, New section 17(8) of the Interstate Commerce 21, 1942, to H. M. Leacy, Newton, Mass., York, and Pennsylvania. Arthur J. Act, the filing of such a petition will authorizing the transportation of house Piken, 160-16 Jamaica Avenue, Jamaica postpone the effective date of the order hold goods, over irregular routes, between 32, N.Y., attorney for transferee. Brod in that proceeding pending its disposi Watertown, Mass., and points within 15 sky, Linett & Altman, 1776 Broadway, tion. The matters relied upon by peti miles thereof, on the one hand, and, on New York 19, N.Y., attorney for trans tioners must be specified in their peti the other, points in Connecticut, Maine, feror. tions with particularity. New Hampshire, New Jersey, New York, No. MC-FC-67756. By order of August Pennsylvania, Rhode Island, Vermont, [seal] H. N eil Garson, 24,1965 the Transfer Board approved the and the District of Columbia, traversing Secretary. transfer to Kenneth G. Andersen and Maryland for operating convenience [F.R. Doc. 65-9251; Filed, Aug. 31, 1965; Thomas R. Andersen, a partnership, only. Cecil M. Leacy, 111 Galen Street, 8:47 a.m.] doing business as North St. Paul Trans Watertown, Mass., 02158, representative fer, North St. Paul, Minn., the operating for applicants. [Drouth Order No. 64; Amdt. 1] rights in Certificate No. MC-26789, issued No. MC—FC-68082. By order of Au April 11, 1962, to Ida C. Andersen, Ken gust 25, 1965, the Transfer Board ap VERMONT neth G. Andersen, Thomas R. Andersen, proved the transfer to Dale Hitz, Carol Dorothy E. Carvelli, Marjorie E. Nelsen, Gast, and Viola Retzlaff, a partnership, Transportation of Hay at Reduced and Robert O. Andersen, Stephen Ander doing business as Pierce Film Service, Rates sen, Paul Andersen, and Janice Andersen Pierce, Nebr., of Corrected Certificate It appearing, That due to the drouth (Marcella Andersen, guardian), doing No. MC-107473 issued March 26,1959, to conditions existing in the State of Ver business as North St. Paul Transfer, Dale Hitz, Laverne Gast, and Viola Retz mont the Commission issued its Drouth North St. Paul, Minn., authorizing the laff, a partnership, doing business as Order No. 64 under section 22 of the transportation, over irregular routes, of Pierce Film Service, Pierce, Nebr., au Interstate Commerce Act authorizing the general commodities, with the usual ex thorizing the transportation of motion railroads subject to the Commission’s ception, between Minneapolis and St. picture films, repairs, and supplies, and jurisdiction to transport hay to the dis Paul, Minn., on the one hand, and, on the magazines and motion picture- adver aster area at reduced rates; other, North St. Paul, Minn., and points tising, over regular routes, between And it further appearing, that the in Minnesota within 15 miles thereof. Omaha, Nebr., and Winner, S. Dak., serv U.S. Department of Agriculture has re Dennis D. Daly, 620 Commerce Building, ing all intermediate points in South quested the Commission to enter an St. Paul, Minn., 55101, attorney for Dakota except those located on U.S. order extending the authority therein applicants. Highway 18 between Lake Andes, S. Dak., granted to include 43 counties located in No. MC-FC-68077. By order of Au and junction unnumbered highway (for the State of Pennsylvania. gust 24, 1965, the Transfer Board ap merly U.S. Highway 281) approximately It is ordered, That Drouth Order No. proved the transfer to Farmers Elevator 3 miles east of Bonesteel, S. Dak.; and 64, be, and it is hereby, amended to pro of Kensington, Minnesota Inc., Kensing the off-route points of Lakeport, Lester - ton, Minn., of the certificates in Nos. MC- ville, Pickstown, Fairfax, Burke, and vide that the authority therein granted 116791, MC-116791 (Sub-No. 3), MC- Gregory, S. Dak.; between junction to establish reduced rates on hay shall 116791 (Sub-No. 6), MC-116791 (Sub- South Dakota Highways 50 and 37, and also apply, subject to the same terms and No. 10), MC-116791 (Sub-No. 13), MC- Springfield, S. Dak., serving all inter conditions, to establish and maintain re 116791 (Sub-No. 15), and MC-116791 mediate points; between junction South duced rates on such commodity to desti (Sub-No. 16), issued November 24, 1958, Dakota Highway 50 and U.S. Highway nations in the counties named in the fusust 18,1959, June 22,1960, August 10, 18, and Armour, S. Dak., serving all appendix attached hereto. 1961, February 26, 1963, July 19, 1965, intermediate points; between junction It is further ordered, That in all other July l, 1965, respectively, to Leonard R. South Dakota Highways 50 and 37, respects Drouth Order No. 64, shall ween, doing business as Farmers Eleva and Parkston, S. Dak., serving the remain in full force and effect. tor, Kensington, Minn., authorizing the intermediate point of Tripp, S. Dak.; be And it is further ordered, That notice transportation of: Manufactured feed tween junction unnumbered highway to the affected railroads and the general ingredients, in bulk, and in bags, from and U.S. Highway 18, south of Beards public shall be given by depositing a copy E? *n. sPeciHed Minnesota counties, ley, S. Dak., and junction U.S. Highway of this order in the Office of the Secretary New Richmond, Wis.; and animal and 18 and U.S. Highway 281 (formerly of the Commission and by filing a copy poultry feeds, from New Richmond, Wis., South Dakota Highway 41), serving no with the Director, Office of the Federal T-f®1*8 in specified Minnesota, North intermediate points; between Pierce, Register ; and that copies be mailed to • ant* Montana counties, and Nebr., and junction U.S. Highways 281 the chairman of the Traffic Executive North Dakota on and east of and 18 (near Fairfax, S. Dak.), serving Association-Eastern Railroads, New tL fhway 83, except as otherwise au- York, N.Y., the chairman of the Southern all intermediate points in South Dakota; Freight Association, Atlanta, Ga., the AvAr!?ed'oA R* powler, 2288 University and motion picture films, repairs, and chairman of the executive committee, Plicants ^ Rau*’ Minn., attorney for ap- supplies, and magazines, and motion picture advertising, between Omaha, Western Railroad Traffic Association, 24^?qH^~p C~68080. By order of August Nebr., on the one hand, and, on the other, Chicago, 111., the vice president and di xv’ o* the Transfer Board approved points in Antelope, Boone, Boyd, Brown, rector, Bureau of Railway Economics, p , lans?er Kammeier Trucking, Inc., Cedar, Cherry, Colfax, Cuming, Dixon, Association of American Railroads, Dodge, Douglas, Holt, Keya Paha, Knox, Washington, D.C., and to the president 449^ ayne’Ind- of Certificate No. MC- of the American Short Line Railroad H en ™ ^ March 25> !941, to Albert Madison, Nance, Pierce, Platte, Rock, Association, Washington, D.C. Kamm • ammeier» doing business as Stanton, Thurston, and Wayne Counties, Nebr. R. E. Powell, Suite 621, Terminal Dated at Washington, D.C., this 26th Ind Truckin& Co., Fort Wayne, Building, Lincoln, Nebr., 68508, attorney day of August A.D. 1965. housphnii0riZing the transportation of for applicants. betwpfm w g°°ds» over irregular routes, No. MC-FC-68085. By order of Au By the Commission, Acting Chairman hand a Wftyne. Ind., on the one gust 25, 1965, the Transfer Board ap Freas. diana &Tir’ °.n the other* points in In- proved the transfer to Dun-Rite Truck [seal] H. N eil Garson, na’ nim°is,' and Ohio. Donald W. ing Service, Inc., Bronx, New York, of Secretary. 11260 NOTICES Appendix to Am endm ent No, 1 to Daoura holding of appraisement notice with re O rder No. 64 DEPARTMENT OF THE TREASURY spect to such merchandise which was PENNSYLVANIA, 43 COUNTIES, VIZ published in the F ederal R egister dated Bureau of Customs October 2, 1964. Armstrong. Lebanon. [Antidumping—AA 643.3-rJ Beaver. Lehigh. Dinitrosopentamethylenetetramine is a Bedford. Luzerne. VINYL ASBESTOS FLOOR TILE FROM chemical foaming agent used in the pro Berks. Mifflin. CANADA duction of foam rubber. Blair. Monroe. Promptly after the commencement of Bradford. Montgomery. Withholding of Appraisement Notice the antidumping investigation, price re Cambria. Montour. visions were made which eliminated the Carbon. Northampton. August 26, 1965. likelihood of sales below fair value with Centre. Northumberland. Pursuant to section 201 (b) of the Anti Clearfield. Perry. respect to two exporters, while sales to Clinton. Pike. dumping Act, 1921, as amended (19 the United States were terminated with Columbia. Potter. U.S.C. 160(b)), notice is hereby given respect to the remaining exporter. As Cumberland. Schuylkill. that there are reasonable grounds to be surances were received from the three Dauphin. Snyder. lieve or suspect, from information pre exporters that shipments to the United Payette. Somerset. sented to me that the purchase price is States would not be resumed at prices Franklin. Susquehanna. less or likely to be less than the foreign which could be likely to be below fair Pulton. Tioga. market value of vinyl asbestos floor tile value. The complaint thereafter was Greene. Union. imported from Canada, manufactured Huntingdon. 'Washington. withdrawn. Indiana. Wayne. by Building Products of Canada, Ltd., In view of the foregoing it appears that Juniata. Wyoming. Montreal, Canada, as defined by sections there are not, and are not likely to be, Lackawanna. 203 and 205, respectively, of the Anti sales below fair value of dinitrosopenta- dumping Act, 1921, as amended (19 [F.R. DOC. 65-925J Piled, Aug. 31,' 1965; methylenetetramine from Japan. 8: a.m.[ U.S.C. 162 and 164). Unless persuasive evidence or argu Customs officers are being directed to ment to the contrary is presented within withhold appraisement of vinyl asbestos 30 days, a determination will be made INo. MC-C-1891] floor tile imported from Canada manu that there are not, and are not likely to factured by Building Products of Can be, sales below fair value. OILFIELD EQUIPM ENT, MATERIALS ada, Ltd., Montreal, Canada, in accord This notice is published pursuant to AND SUPPLIES TO AND BETWEEN ance with the provisions of § 14.9(a) of 114.7(b)(9) of the customs regulations THE SOUTHWEST the customs regulations (19 CFR 14.9 (19 CFR 14.7(b)(9)). (a)). This withholding order, and the Removal From Requirements of dumping investigation on which it is [seal] James A. R eed, Minimum-Rate Order based, is limited to the importations from Assistant Secretary of the Treasury. At a general session of the Interstate and transactions of and with Building Commerce Commission, held at its Office Products of Canada, Ltd., Montreal, [F.R. Doc. 65-9257; Filed, Aug. 31, 1965; in Washington, D.C., on the 17th day of Canada. 8:47 a.m,] August A.D. 1965. The information alleging that the merchandise under consideration was Upon consideration of the record in [Antidumping—AA 643.3-m] the above-entitled proceeding, and of a being sold at less than fair value within petition filed by C & H Transportation the meaning of the Antidumping Act LIGHTERS FROM JAPAN Co., Inc., on July 6, 1965, for further was received in proper form on May 17, modification of the minimum-rate order 1965. This information was the subject Notice of Tentative Determination of an “Antidumping Proceeding Notice” by removing from the requirements of August 24, 1965. such order asbestos and cement pipe or which was published pursuant to § 14.6 conduit, including couplings, rings or fit (d), customs regulations (19 CFR 14.6 Information was received on June 17, (d)), in the F ederal R egister of June 1964, that lighters, pocket, cigar, and tings, from Denison, Tex., to points in cigarette, butane gas-fueled, imported cluded in the minimum-rate order, as 11, 1965, on page 7614 thereof. This notice is published pursuant to from Japan were being sold at less than amended: fair value within the meaning of the It is ordered, That this proceeding be, § 14.6(e) of the customs regulations (19 CFR 14.6(e)). Antidumping Act, 1921, as amended. and it is hereby, reopened for further I hereby make a tentative determina- hearing for the limited purpose of per [seal] Lester D, J ohnson, tion that lighters, pocket, cigar, and cig mitting the parties to submit evidence on Commissioner of Customs. arette, butane gas-fueled, imported frolli the issue of whether, and to what extent, [F.R. Doc. 65-9256; Piled, Aug. 31, 1965; Japan are not being, nor likely to be, the above specified and related commodi 8:47 a.m.] sold at less than fair value within the ties should be removed from the require meaning of section 201(a) of the Anti ments of the minimum-rate order. dumping Act, 1921, as amended (19 It is further ordered, That anyone, Office of the Secretary U.S.C. 160(a)). other than petitioner, who desires to [Antidumping—AA 643.3-G] Statement of reasons on which this participate in the further hearing must tentative determination is based. The notify the Secretary of the Commission DINITROSOPENTAMETHYLENE- merchandise was not sold in sufficient to that effect within 15 days after the TETRAMINE FROM JAPAN quantities in the home market to afford date of Service of this order. a proper basis of comparison. The price And it is further ordered, That a copy Notice of Intent To Discontinue Inves to third countries was therefore used as of this order be served upon all parties; tigation and To Make Determina a basis for determining fair value. that a copy be deposited in the Office of tion That No Sales Exist Below Fair With respect to one manufacturer, a the Secretary of the Commission; and Value relationship within the meaning of sec that a copy be delivered to the Director, August 24, 1965. tion 207 of the Antidumping Act existed Office of the Federal Register, for publi Information was received on Febru among the parties to the transaction. With regard to the other manufacturer, cation in the F ederal R egister. ary 17, 1964, that dinitrosopentamethyl- enetetramine imported from Japan was no relationship existed between buyer By the Commission. being sold at less than fair value within and seller. [seal] H. N eil Garson, the meaning of the Antidumping Act, Purchase price or exporter’s sales price, Secretary. 1921, as amended. as appropriate, was therefore compared with third country price for fair value [PH. Doc. 65-9254; Piled, Aug. 31, 1965; On September 28, 1964, the Acting 8:47 ajn.] Commissioner of Customs issued a with purposes. Wednesday, September 1, 1965 FEDERAL REGISTER 11261 Exporter’s sales price was calculated by deducting from the selling price to DEPARTMENT OF HEALTH, EDU CIVIL SERVICE COMMISSION United States purchasers, a trade dis count, inland charges in Japan, selling CATION, AND WELFARE POLICE PRIVATE, DISTRICT OF CO expenses, commission, ocean freight, LUMBIA METROPOLITAN POLICE United States duty and brokerage, cart Food and Drug Administration DEPARTMENT age in the United States, and an amount EXO-3-CHLORO-ENDO - 6 -CYANO-2- Listing of Manpower Shortage representing repairs and return of defec NORBORNANONE O-IMETHYLCAR- tive lighters. Under the provisions of section 7(b) Purchase price was represented by BAMOYDOXIME of the Administrative Expenses Act of f.ob. factory price to the United States Notice of Establishment of Temporary 1946, as amended, the Civil Service Com purchaser. Tolerance mission has found, effective August 24, Third country price was represented 1965, that there is a manpower shortage by the highest f.o.b. factory price to a Notice is given that at the request of for the position of Police Private, District purchaser in a country other than the the Union Carbide Corp., 270 Park Ave of Columbia Metropolitan Police Depart United States. nue, New York, N.Y., 10017, a tempo ment, Washington, D.C. Comparison of the prices calculated rary tolerance is established for residues Appointees to this position may be paid as above reveals that purchase price or of the insecticide exo-3-chloro-endo-6- for the expenses of travel and transpor exporter’s sales price, as applicable, was cyano-2-norbornanone O-imethylcarb- tation to first-duty station. amoyl) oxime in or on apples and pears not lower than third country price. U nited S tates Civil S erv Such written submissions as interested at 1 part per million. The Commissioner of Food and Drugs has determined that ice Commission, parties may care to make with respect to [seal] Mary V. W enzel, the contemplated action will be given this temporary tolerance will protect the Executive Assistant to appropriate consideration by the Sec public health. the Commissioners. retary of the Treasury., Conditions under which this tempo If any person believes that any infor rary tolerance is established are as [F.R. Doc. 65-9255; Filed, Aug. 31, 1965; mation obtained by the Bureau of Cus follows: 8:47 a.m.] toms in the course of this antidumping 1. The total amount of the insecticide proceeding is inaccurate or that for any to be used under the experimental per other reason the tentative determination mit issued by the U.S. Department of is in error, he may request in writing that Agriculture will not exceed 2,000 pounds. DELAWARE RIVER BASIN the Secretary of the Treasury afford him Distribution will be under the Union an opportunity to present his views in Carbide Corp. name. COMMISSION this regard. 2. The insecticide Will not be marketed EXPENSE AND CAPITAL BUDGETS Any such written submissions or re for general use but will be supplied to quest should be addressed to the Com qualified persons for bona fide experi AND COMPREHENSIVE PLAN missioner of Customs, 2100 K Street NW., mental use. Notice of Public Hearing Washington, D.C., 20226, in time to be 3. The Union Carbide Corp. will com received by his Office not later than 30 ply with the requirements of § 120.31(e) Notice is hereby given that the Dela days from the date of publication of this (3) and (4). ware River Basin Commission will hold a notice in the F ederal R egister. This temporary tolerance expires Au public hearing on September 13, 1965. This tentative determination and the gust 25, 1966. The hearing will take place in Room 1600 statement of reasons therefor are pub This action is taken pursuant to the of the Municipal Services Building, J. F. lished pursuant to § 14.8(a) of the cus authority vested in the Secretary of Kennedy Boulevard at 15th Street in toms regulations (19 CFR 14.8(a)). Health, Education, and Welfare by the Philadelphia, beginning at 2 p.m. The Federal Food, Drug, and Cosmetic Act subjects of the hearing will be as follows: fSEAL] James A. R eed, • (sec. 408(j), 68 Stat. 516; 21 U.S.C. 346a A. Proposed Commission current ex Assistant Secretary (j) ) and delegated by him to the Com pense budget of $604,000 and capital of the Treasury. missioner of Food and Drugs (21 CFR budget of $2,000 for fiscal year 1967. [F.R. Doc. 65-9258; Filed, Aug. 31, 1965; 2.90). B. Proposed amendments to the Com 8:47 a.m.] Dated: August 25,1965. mission’s Comprehensive Plan providing for the addition thereto of the following Geo. P. Larrick, projects: Commissioner of Food and Drugs. 1. An application by the State of New DEPARTMENT OF THE INTERIOR [F.R. Doc. 65-9244; Filed, Aug. 31, 1965; Jersey. To divert water out of the Basin Bureau of Land Management 8:46 a.m.j from Lake Hopatcong in Sussex and Mor ris Counties. [Idaho 016388] 2. City of Bordentown, N.J. A pro IDAHO CIVIL AERONAUTICS BOARD posal by the City of Bordentown to with draw subsurface water from a well lo Notice of Proposed Withdrawal and [Docket No. 16312] cated in Hamilton Township, Mercer Reservation of Lands; Addition SERVICE TO LAKE TAHOE, CALI County. The well would extend 130 feet deep to the Raritan Formation and is ex August 24,1965. FORNIA INVESTIGATION pected to yield an average of 700 gallons j n Federal Register Document 65-7082, Notice of Prehearing Conference per minute. To be used for water supply page 8592 of the issue for July 7, 1965, purposes in the city’s system, the water m ky Federal Register Docu- Notice is hereby given that a prehear would discharge to the Delaware River A n i lf r ii76,5’ page 10329 of the issue for ing conference in the above-entitled in after secondary treatment and chlorina sumii? 19'1965, the land description is vestigation is assigned to be held on tion. re«Siei^enk d for the Dworshak dam and September 16,1965, at 10 a.m., e.d.s.t., in 3. Borough of Haddonfield, N.J. A lowing°ir project t0 delude the fol- Room 911, Universal Building, Connecti proposal by the Borough of Haddonfield cut and Florida Avenues NW., Washing to construct a new well required to sup Boise Meridian, I daho ton, D.C., before Examiner Robert L. T- 41 N., R. 5 e „ Park. plement existing municipal water supply. Sec. 36, Ni/jNi/aNE^, N^NE^NW ^. The well will be approximately 600 feet Dated at Washington, D.C., August 26, deep to yield about 1,000 gallons per min The lands added aggregate 60 acres. 1965. ute. After passing through the muni cipal system, water will discharge to the Opval G. Hadley, [seal] F rancis W. Brown, Cooper River after secondary treatment Manager, Land Office. Chief Examiner. and chlorination; F.R. Doc. 65-9237; Filed, Aug. 31, 1965; [F.R. Doc. 65-9260; Filed, Aug. 31, 1965; 4. Public Water Corp. A proposal by 8:46 a.m.] 8:47 a.m.] the Public Water Corp., Moorestown, 11262 - NOTICES N.J., to construct two new wells in the 12. Warminster Township, Pa. A proproval of the Thailand /Pacific Freight Raritan Formation about 600 feet deep posal by the Warminster Township Conference, Agreement 9474, which was in Washington Township, Gloucester Municipal Authority, Bucks County, to announced in Volume 30-136 at page County, to supply its service area in drill a new well to provide additional 8978 of the F ederal R egister of July 16, Wedgewood with a maximum of 350 gal municipal water supplies. To be known 1965. lons per minute from either well. as Well No. 10, it is expected to yield Dated: August 27, 1965. á. Deptford Township, N.J. A pro about 500 gallons per minute. Water, posal by the Deptford Township Muni after treatment and chlorination, will By order of the Federal Maritime Com cipal Utilities Authority to provide water discharge to the Little Neshaminy, a mission. and sewerage facilities for areas of Dept tributary of Neshaminy Creek, and to F rancis C. H urney, ford Township not presently served and Pennypack Creek, a tributary of the Special Assistant to the Secretary. provide facilities for future growth. Delaware River. [F.R. Doc. 65-9245; Filed, Aug. 31, 1965; 6. Borough of Norristown, Pa. A pro Further details on the above proposals 8:46 a.m.) posal by the Borough of Norristown, may be examined at the Commission’s Montgomery County, to enlarge an exist offices in Trenton. ing sewage treatment plant to treat sew All persons or organizations desiring age from the Borough and parts of West to testify at the public hearing are re FEDERAL POWER COMMISSION Norristown Township and Norristown quested to register in advance with the [Project No. 25341 State Hospital. Capacity of the plant Secretary to the Commission, Telephone would be increased from 6.75 to 9.75 mil 609-883-9500. BANGOR HYDRO-ELECTRIC CO. lion gallons daily. After treatment and Immediately following the hearing the chlorination, discharge will be to the Commission will hold a meeting for the Notice of Application for License for Schuylkill River. transaction of regular business. Constructed Project 7. Borough of Dublin, Pa. A proposal W. B rinton W hitall, August 25, 1965. by the Dublin Municipal Authority, Secretary. Public notice is hereby given that ap Bucks County, to construct a sanitary August 25, 1965. plication has been filed under the Fed sewer system and sewage treatment eral Power Act (16 U.S.C. 791a-825r) by works to serve the Borough and adja [F.R. Doc. 65-9243; Filed, Aug. 31, 1965; 8:46 aan.] Bangor Hydro-Electric Co. (correspond cent municipalities, with an estimated ence to : Earle E. Webster, Vice President, population of 1600 persons. After treat Bangor Hydro-Electric Co., 33 State ment and chlorination, discharge will be Street, Bangor, Maine) for a license for to Deep Run Creek, a tributary of FEDERAL MARITIME COMMISSION constructed Project No. 2534, known as Tohickon Creek. the Milford Project, located on the Pe 8. Borough of Hatboro, Pa. A pro TRANS PACIFIC FREIGHT CONFER nobscot River, in the city of Old Town posal by the Hatboro Borough Authority, ENCE OF HONG KONG and town of Milford, Penobscot County, Montgomery County, to drill a new well Maine. to supplement existing municipal water Notice of Agreement Filed for The existing project consists of: (1) supply. To be known as Well No. 13, it Approval The Milford Dam 1,400 feet long with a will be located in Upper Moreland Town Notice is hereby given that the follow maximum height of about 30 feet con ship adjacent to the Borough. The ing agreement has been filed with the taining a forebay intake, log sluice and well will be 500 feet deep and is expected Commission for approval pursuant to fiashboards, and the Gilman Falls Dam to yield 135 gallons per minute. Dis section 15 of the Shipping Act, 1916, as 475 feet long with an average height of charge of the treated water will be to amended (39 Stat. 733, 75 Stat. 763, 46 5 feet (at which no electricity is gen Pennypack Creek, a tributary of the UJS.C. 814) . erated) containing a log sluice, two tain- Delaware River. Interested parties may inspect and ob tor gates and can be fitted with flash- 9. Borough of Perkasie, Pa. A proposal tain a copy of the agreement at the boards; (2) a reservoir created by the by the Perkasie Borough Authority, Washington office of the Federal Mari Gilman Falls dam, being also a part of Bucks County, to drill a new well to time Commission, 1321 H Street NW., the reservoir created by the Milford supplement existing municipal water Room 301; or may inspect agreements Dam, with an area of approximately supply. To be known as Well No. 6, it at the offices of the District Managers, 917.5 acres of normal pond elevation will be located in East Rockhül Town New York, N.Y., New Orleans, La., and 101.7 feet extending 3.1 miles upstream; ship. The well will be 300 feet deep and San Francisco, Calif. Comments with (3) a powerhouse with masonry founda is expected to yield about 3Ó0 gallons reference to an agreement including a tion housing 4 generating units with a per minute. Discharge will be to the request for hearing, if desired, may be combined nameplate rating of 6,400 kw; East Branch of the Perkiomen Creek, a submitted to the Secretary* Federal and (4) a substation and appurtenant v tributary of the Schuylkill River, after Maritime Commission, Washington, D.C., facilities. treatment. 20573, within 20 days after publication of Protests or petitions to intervene may 10. City of Philadelphia dock. A pro this notice in the F ederal R egister. A be filed with the Federal Power Com posal by the City of Philadelphia Water copy of any such statement should also mission, Washington, D.C., 20426, in ac Department to construct docking facili be forwarded to the party filing the cordance with the rules of practice and ties at Penrose Avenue on the Schuylkill agreement (as indicated hereinafter) procedure of the Commission (18 CFR River in Philadelphia to facilitate the and the comments should indicate that 1.8 or 1.10). The last day upon which barging to sea of 40 million gallons a this has been done. protests of petitions may be filed is Oc year of digested sludge from the South Notice of agreement filed for approval tober 11, 1965. The application is on west Sewage Treatment Plant. The dock by: file with the Commission for public in will consist of two clusters of piles 120 spection. feet apart and a walkway. Mr. D. Dick, Acting Chalrman/Secretary, J. H. G utride, Trans Pacific Freight Conference of Hong Secretary. 11. State Correctional Institute (Penn Kong, P & O Building, 17th Floor, Des sylvania) . A proposal by the Common Voeux Road Central, Hong Kong, B.C.C. [FJR. Doc. 65-9233; Filed, Aug. 31, 1966' wealth of Pennsylvania Department of 8:45 a.m.] Justice, Bureau of Correction, to con Agreement 14-23, between the member struct a new well required to supplement lines of the Trans Pacific Freight Con existing water supplies. The well will ference of Hong Kong modifies the basic [Docket No. E-7239] be located on a state-owned reservation agreement of that conference (Agree IDAHO POWER CO. adjacent to Graterford, Shippaek ment 14, as amended) to provide for re Township, Montgomery County. The linquishment of jurisdiction over the Notice of Application- well will be 500 feet deep and is expected Thailand/U.S. Pacific Coast trade as and August 26,1965. to yield approximately 300 gallons per when a conference has been established Take notice that on August 18, 1965, minute. Water after treatment and to cover that trade in accordance with chlorination, will discharge to Perkiomen section 15 of the Shipping Act, 1916. The Idaho Power Co. (Applicant), a pubP Creek, a tributary of the Schuylkill River. subject modification contemplates ap utility incorporated under the laws Wednesday, September 1, 1965 FEDERAL REGISTER 11263 the State of Maine and qualified to do in construction, excessive outages of of the Act; The applicants seek to ex business in the States of Idaho, Oregon, Compressor units, and pipeline flow re empt Keystone-Boston from the provi and Nevada with its principal place of striction (Lake Borgne Crossing) have sions of section 15(b) (1) of the Act, on business office at Boise, Idaho, filed an reduced the effective capacity of Appli condition that the principal underwriting application with the Federal Power cant’s authorized pipeline facilities. The contracts dated August 28, 1964 between Commission, seeking an order, pursuant application alleges that Applicant’s abil Keystone and Keystone-Boston, or any to section 204 of the Federal Power Act, ity to render adequate service to its cus future contracts of the type required by authorizing short-term borrowings up tomers during the 1965-1966 heating section 15(b) of the Act so entered into, to an aggregate of $28,799,700 over and season will be jeopardized without the shall continue in effect with respect to above the limitations provided in section capacity of the proposed facilities. any of the Funds only so long as the con 204(e) of the Federal Power Act, in order The estimated cost of construction of tinuance is specifically approved at least and so as to provide a continuing out the facilities to be constructed is $3,139,- every three years by either written ap standing short-term borrowing author 900, which will be financed from Appli proval by holders of a majority of the ization aggregating $40,000,000. cant’s existing $50,000,000 revolving outstanding shares of each of the Funds Applicant states that said borrowings credit and later permanently financed or the vote of a majority of such out will be bank loans, evidenced by un through the issuance of first mortgage standing shares cast in person or by secured notes, probably for maturity of pipeline bonds or debentures, or both. proxy at a meeting called for the pur 6 months after date, and not to exceed Protests or petitions to intervene may pose. If the requested order were not 1 year after date thereof and Applicant be filed with the Federal Power Commis granted, such approval would be required anticipates that said bank loans will be sion, Washington, D.C., 20426, in accord annually. The exemption shall not be at the current rate applicable in New ance with the rules of practice and pro operative with respect to any approval York City at the time of borrowings for cedure (18 CFR 1.8 or 1.10) and the which would otherwise be required to commercial bank loans of said form and regulations under the Natural Gas Act continue any such contract in effect character. (157.10) on or before September 20,1965. from and after December 31, 1972. All According to the application, the pur Take further notice that, pursuant to interested persons are referred to the ap pose for which the proposed short-term the authority contained in and subject plication on file with the Commission for bank borrowings will be made and to the jurisdiction conferred upon the a statement of the representations there promissory notes issued is to obtain Federal Power Commission by sections in which are summarized below. temporary,, interim capital (including 7 and 15 of the Natural Gas Act and the The ten Funds, created in 1935, are un renewal of short-term notes now issued Commission’s rules of practice and pro incorporated common law “Massachu and outstanding or to be issued and out cedure, a hearing will be held without setts trusts”, each existing under a sepa standing pursuant to the authorization further notice before the Commission on rate but substantially identical trust requested, prior to December 31, 1966) this application if no protest or petition agreement between Keystone as trustee for the construction, extension and im to intervene is filed within the time re and the investors in the Funds. Key provement of operating facilities de quired herein, if the Commission on its stone, the trustee of each Fund, is a cor scribed in the application. own review of the matter finds that a poration which, pursuant to the terms of Any person desiring to be heard or to grant of the certificate is required by the trust agreements, performs as trustee make any protest with reference to said the public convenience and necessity. If all of the investment, management and application should on or before Septem a protest or petition for leave to inter administrative services required by the ber 15, 1965, file with the Federal Power vene is timely filed, or if the Commission Funds. The Funds have no employees. Commission, Washington, D.C., 20426, on its own motion believes that a formal Shares in each of the Funds are currently petitions or protests in accordance with hearing is required, further notice of offered for sale to the public in accord the requirements of the Commission’s such hearing will be duly given. ance with the terms of the principal un rules of practice and procedure (18 CFR Under the procedure herein provided derwriting contracts dated August 28, 1-8 or 1.10). The application is on file for, unless otherwise advised, it will be 1964, between Keystone as trustee and and available for public inspection. unnecessary for Applicant to appear or Keystone-Boston, a wholly-owned sub be represented at the hearing. J. H. Gutride, sidiary of Keystone, as underwriter. Secretary. J. H. Gutride, In August 1960, certain shareholders of Secretary. the various Funds brought a representa IF.R. Doc. 65-9234; Piled, Aug. 31, 1965; tive action in the Court of Chancery of 8:45 a.m.] [F.R. Doc. 65-9235; Filed, Aug. 31, 1965; New Castle County, Delaware, against 8:46 a.m.} Keystone individually and as trustee, its [Docket No. CP66-54] directors, and Keystone-Boston, in which, among other things, they chal TENNESSEE GAS TRANSMISSION CO SECURITIES AND EXCHANGE lenged the validity of the underwriting Notice of Application contracts with Keystone-Boston. Sa- minsky v. Abbott, 185 A. 2d 765 (Del. Ch. August 25, 1965. COMMISSION 1961). The defendants filed a motion Take notice that on August 18, 1965 [File No. 812-1802] for summary judgment which the court lennessee Gas Transmission Co. (Appli granted in part and denied in part. With cant) Post Office Box 2511, Houston KEYSTONE CUSTODIAN FUNDS, INC., respect to the challenge to the validity of lex-> 77001, filed in Docket No. CP66-54 AND KEYSTONE CO. OF BOSTON the then existing underwriting contracts, an application pursuant to section 7(c) Notice of Filing of Application for the court held such contracts to be void nf a^ura^ Gas Act for a certificate on the ground that the contracts had public convenience and necessity au- Order Exempting Certain Under been continued for more than two years construction and operation writing Contracts without shareholder approval. Other is An miles of 36-inch O.D. loop line Notice is hereby given that Keystone sues, including the plaintiff’s right to re the Delta-Portland portion of its Custodian Funds, Inc. (“Keystone”), a cover for violations of section 15(b) of au u i?e system from MLV No. 555 to Delaware corporation, as trustee of each the Act, were reserved for later decision. nil J No' *n the State of Tennessee of the following ten trusts, namely, Key Subsequent to the proceedings in the fully set forth in the appli- stone Custodian Fund Series B-l, B-2, B- Delaware Chancery Court at special sfnn y ^ hlch is on file with the commis- 3, B-4, S-l, S-2, S-3, S-4, K-^, and K-2 meetings held in January 1963 to con and open to public inspection. (“Funds”) , each registered under the In sider various matters relating to the liti the nn C ant states the addition oi vestment Company Act of 1940 (“Act”) gation, the shareholders of each of the tran inn*3? i oop Une wili Permit it to as a management open-end diversified ten Funds voted to approve new under voiiinf^^^0 Station 87 an additional investment company, and The Keystone writing contracts with Keystone-Boston dav S fJ31 aPProxi*nately 29,000 Mcf per Co. of Boston (“Keystone-Boston”), 50 and to ratify and approve past under season^/P 1965-1966 winter heating Congress Street, Boston 9, Mass., a Dela writing contracts and transactions plDpii ' Applicant further states that a ware corporation, have filed an applica thereunder. This is the only occasion Peline rupture on March 4,1965, delays tion for an order pursuant to section 6(c) upon which principal underwriting con- 11264 NOTICES tracts of the Funds have been submitted Act, as specifically set forth below. All " the selection of its independent public to their shareholders. Subsequent to the interested persons are referred to the accountant. Applicant seeks to be ex above shareholders’ meetings, the parties application, which is on file with the empted from these provisions as there agreed to settlement of the litigation, Commission, for a statement of the will be no initial voting security owners subject to court approval. representations therein, which are sum of the applicant until the group variable The cost of an annual submission of marized below. annuity contracts have been sold after the underwriting contract to share Applicant was established on August 2, its registration statement under the Se holders, which cost is borne by Keystone, 1965, under the provisions of section curities Act of 1933 becomes effective. would be large in relation to any interest 627.0976 of the Florida Insurance Code Applicant proposes to have its initial of shareholders in the matter. Ordi by the National Variable Annuity Co. of Board of Directors, which will be known narily no other matters are submitted Florida (“Insurance Company”). In as the Board of Managers, appointed by for shareholder approval. For example, surance Company, a stock life insurance the Board of Directors of the Insurance the cost of the proxy solicitation and company organized under the Florida In Company. The initial Board of Man shareholders’ meeting conducted in Jan surance Code, is licensed as a life in agers of applicant will enter into an in uary 1963, when there were approxi surance company in the State of Florida, vestment advisory agreement with the mately 239,000 shareholders in the ten and is a wholly-owned subsidiary of the Insurance Company and the First Na Funds, was $46,900, of which about 52 National Life Insurance Co. of Florida. tional City Bank of New York and select percent represented postage. Based on Section 627.0976 of the Florida Code Arthur Young & Co.'as its independent the increased number of shareholders authorizes a Florida insurance com public accountant. The requested ex- (about 246,000 at January 1, 1965) and pany to establish a separate account to emptive order with respect to sections higher postage and other costs it is esti fund variable annuity contracts, which 15(a), 16(a), and 32(a) would be ef mated that a solicitation at this time account is not chargeable with liabilities fective until a meeting of variable con would cost more than $57,000. The cost arising out of any other business the in tract owners is called. Applicant repre will increase with each increase in the surance company may conduct. Appli sents that such a meeting will be called number of shareholders. cant proposes to engage solely in the prior to April 30, 1966. Insurance Com Notice is further given that any per sale of group retirement annuity con pany has agreed to appoint 60 percent of son may, not later than September 20, tracts in connection with annuity pur the persons making up the initial Board 1965, at 5:30 p.m., submit to the Com chase plans adopted by public school sys of Managers from persons unaffiliated mission in writing a request for a hear tems and tax exempt organizations with the Insurance Company. The first ing on the matter accompanied by a enumerated in section 501(c) of the In meeting of variable contract owners will statement as to the nature of his in ternal Revenue Code (“Code”) which be called to (a) elect a Board of Man terest, the reasons for such request and satisfy the requirements of section 403 agers for the applicant, (b) approve the the issues of fact or law proposed to be (b) of the Code. action of the initial appointed Board of controverted or he may request that he Applicant requests exemptions from Managers in entering into, and the terms be notified if the Commission shall order the following provisions of the Act to of, the investment advisory agreement a hearing thereon. Any such communi the extent stated below: with the Insurance Company and the cation should be addressed: Secretary, Section 14(a) of the Act provides in First National City Bank of New York, Securities and Exchange Commission, substance that no registered investment (c) ratify the selection of Arthur Young Washington, D.C., 20549. A copy of such company shall make a public offering & Co. as the independent public account request shall be served personally or by of securities of which it is the issuer ant, and (d) any other matters which mail (airmail if the person being served unless it has a net worth of at least may be appropriate. is located more than 500 miles from the $100,000. Applicant represents that the Section 22(e) of the Act prohibits a point of mailing) upon applicant at the Florida Insurance Code provides that registered investment company issuing address stated above. Proof of such only amounts received under variable redeemable securities from suspending or service (by affidavit or in case of an annuity contracts can be placed in the postponing the right of redemption for attorney-at-law by certificate) shall be separate account and that to meet more than seven days after the tender of filed contemporaneously with the re the requirements of section 14(a) and such security to the investment company quest. At any time after said date, as the Florida Insurance Code, there for redemption. Applicant states that provided by Rule 0-5 of the rules and would have to be a private sale of variable prior to retirement, a participant under regulations promulgated under the Act, annuity contracts in an amount which the group variable annuity contracts has an order disposing of the application would provide $100,000 to be placed in the a number of options for the disposition of herein may be issued by the Commission separate account. The variable annuity the value of his individual account estab upon the basis of the information stated contracts proposed to be offered are lim lished under the variable contract, in in said application, unless an order for ited to group annuity contracts to public cluding the right of redemption. Appli- hearing upon said application shall be school systems and nonprofit organiza cant states that at retirement, the value issued upon request or upon the Commis tions adopting plans under section 403 of the individual’s account is applied to sion’s own motion. (b) of the Internal Revenue Code, and provide annuity payments of varying any offering to such a group would be amounts for life, the determination of By the Commission. a public offering. which involves the use of mortality tables [ seal] Orval L. DtrBois, The applicant states that Insurance based upon the annuitant’s then age and Secretary. Company will have paid-in surplus of sex. Such tables are actuarially deter [F.R. Doc. 65-9230; Filed, Aug. 31, 1965; $1,200,000 to meet the expenses of its mined to spread the “pool” created by 3:45 a.m.] operations, including those of the appli the value of the individual accounts of cant, as well as a capital amount of $300,- the persons retiring over the expected 000, and that the applicant cannot be lifetime of the members of the retired [812-1817] charged with operating expenses, as group, and it is a feature of the annuity NATIONAL VARIABLE ANNUiTY CO. these will be paid fully by the Insurance principle that amounts released by an* OF FLORIDA SEPARATE ACCOUNT Company. In addition, the application nuitants who die prior to the average states that under the Florida Insurance future lifetime will be used to make pay Notice of Application for Exemptions Code, once created, the applicant cannot ments to those who survive beyond the be abandoned but must continue in average future lifetime. The actuaria August 26,1965. being until the contractual obligations factors are so calculated that, if all re Notice is hereby given that the Nation under the variahle annuity contracts tired persons live, on the average, as pre al Variable Annuity Co. of Florida Sepa have been met. dicted by the tables, the funds will be rate Account (“applicant”), 734 Florida exhausted upon the death of the last Bank Building, Jacksonville, Fla., an Sections 15(a), 16(a), and 32(a) of the open-end investment company registered Act, generally speaking, require that the member of the retired group. Applicant under the Investment Company Act of holders of the outstanding voting securi requests exemption from section 22(e) 1940 (“Act”), has filed an application ties of a registered investment company: to the extent that once a person retires pursuant to section 6(c) of the Act for (1) Approve investment advisory con and begins to receive payments under a exemption from certain provisions of the tracts, (2) elect directors and (3) ratify group variable annuity contract that he Wednesday, September 1, 1965 FEDERAL REGISTER 11265 not be able to redeem the value credit tion being subject to the condition that should order a hearing thereon. Any to his individual account. its charges under the variable annuity such communication should be ad Section 27(c) (2) prohibits a registered contracts for administrative services dressed: Secretary, Securities and Ex investment company or a depositor or shall not exceed such reasonable amount change Commission, Washington, D.C., underwriter for such company from sell as the Commission shall prescribe, and 20549. A copy of such request shall be ing periodic payment plan certificates that the Commission shall reserve juris served personally or by mail (airmail if unless the proceeds of all payments, other diction for such purpose. the person being served is located more than the sales load, are deposited with a Section 6(c) of the Act provides that than 500 miles from the point of mail bank as trustee or custodian and held un the Commission, by order upon applica ing) upon the applicant at the address der an indenture or agreement contain tion, may conditionally or uncondition stated above. Proof of such service (by ing, in substance, the provisions required ally exempt any person or transaction aflidavit or in case of an attomey-at- ^ by sections 26(a) (2) and (3) for a unit from any provision of the Act or of any law by certificate) shall be filed con investment trust. The latter provisions rule or regulation thereunder, if and to temporaneously with the request. At require that the trustee or custodian seg the extent that such exemption is neces any time if ter said date as provided by regate and hold in trust all securities and sary or appropriate in the public inter Rule 0-5 of the rules and regulations cash of the trust and govern the circum est and consistent with the protection of promulgated under the Act, an order dis stances under which the trustee or cus investors and the purposes fairly in todian may resign. They also exclude tended by the policy and provisions of the posing of the matter herein may be is from expenses which the trustee or cus Act. sued by the Commission upon the basis todian may charge against the trust any Notice is further given that any in of the information stated in this notice, payments to the depositor or principal terested person may, not later than Sep unless an order for hearing upon said underwriter, other than a fee, not ex tember 9, 1965, at 5:30 p.m., submit to proposal shall be issued upon request or ceeding such reasonable amount as the the Commission in writing a request for upon the Commission’s own motion. Commission may prescribe, for perform a hearing on the matter accompanied by ing bookkeeping and other administra a statement as to the nature of his in For the Commission! tive services delegated to them by the terest, the reason for such request and [SEAL] ORVAL L . D U B O IS, trustee or custodian. Applicant requests the issues, if any, of fact or law proposed Secretary. exemption from section 27(c)(2), and to be controverted, or he may request [F.R. Doc. 65-9231; Filed, Aug. 31, 1965; has consented to the requested exemp that he be notified if the Commission 8:45 ajn.] No. 169- U.S. GOVERNMENT ORGANIZATION MANUAL 1965-66 EDITION