FEDERAL REGISTER VOLUME 32 • NUMBER 88

Saturday, May 6, 1967 • Washington, D.C. Pages 6957-7006

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Agriculture Department Automotive Agreement Adjustment Assistance Board Civil Aeronautics Board Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Education Office Federal Aviation Administration Federal Power Commission Food and Drug Administration Forest Service Immigration and Naturalization Service Interior Department Internal Revenue Service International Joint Commission— United States and Canada Interstate Commerce Commission National Park Service Post Office Department Renegotiation Board ’ Saint Lawrence Seaway Development Corporation Securities and Exchange Commission Selective Service System Veterans Administration Wage and Hour Division Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1967)

Title 29—Labor (Parts 0-499) (Revised) $0.70

Title 29—Labor (Parts 500-899) (Revised) $2.00

Title 29—Labor (Part 900-End) (Revised) $0.75

[A cumulative checklist of CFR issuances for 1967 appears in the first issue of the Federal Register each month under Title 1]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

ysKV ■ Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALffiREGISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 _ Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C: 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code o f F ederal R egulations is sold by the S u p erin ten d en t oi Documents. Prices of books and pocket supplements are listed In the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulations. Contents

Notices Notices THE PRESIDENT Certain commodities; May sales Ventana Wilderness; proposal and hearing______6990 EXECUTIVE ORDER list______. 6985 Amending the Selective Service CONSUMER AND MARKETING HEALTH, EDUCATION, AND Regulations------6961 SERVICE WELFARE DEPARTMENT Rules and Regulations See Education Office; Food and EXECUTIVE AGENCIES Fruit grown in Arizona and Cali­ Drug Administration. agricultural stabilization fornia; handling limitations: Lemons______- — 6966 IMMIGRATION AND AND CONSERVATION SERVICE Oranges, Valencia______6966 NATURALIZATION SERVICE Milk in St. Louis, Mo., marketing Rules and Regulations area; order suspending certain Proposed Rule Making Rice, 1964 and subsequent crops; provisions______6967 Implementation of Freedom of In­ acreage allotments------— 6965 Proposed Rule Making formation Act; correction____ 6978 AGRICULTURE DEPARTMENT Milk in Paducah, Ky., marketing area; decision______6978 INTERIOR DEPARTMENT See also Agricultural Stabilization See also National Park Service. and Conservation Service; Com­ Notices modity C r e d it Corporation; Milk in New York-New Jersey Notices Consumer and Marketing Serv­ marketing area; referendum__ 6989 Statements of changes in financial ice; Forest Service. interests: EDUCATION OFFICE Burlingame, Mark V______6985 Notices Notices Chamberlain, Alex S______6985 Designation of areas for emer­ Innis, Joe T______6985 gency loans: Federal aid for educational televi­ Kincannon, L. E______6985 California ______6990 sion; applications accepted for Remalia, William R______6985 Iowa ______6990 filin g______:— 6990 INTERNAL REVENUE SERVICE AUTOMOTIVE AGREEMENT FEDERAL AVIATION ADMINISTRAtlON Rules and Regulations ADJUSTMENT ASSISTANCE Income taxes; reacquisition of BOARD Rules and Regulations real property; correction_____ 6971 Airworthiness directives : Notices Fairchild F-27 and F-227 air­ INTERNATIONAL JOINT Certain workers, Eaton Yale & craft______6969 Towne; summary of final de­ Lockheed Models 188A and 188C COMMISSION— UNITED terminations ______6990 Series airplanes__:______6968 STATES AND CANADA Contract appeals; establishment Notices CIVIL AERONAUTICS BOARD of Contract Appeals Panel_____ 6974 Objects affecting navigable air­ Air pollution; hearings______6995 Notices space; alteration of discretion­ Hearings, etc.: ary review______6970 INTERSTATE COMMERCE Alaska-Cordova merger case__ 6991 Proposed Rule Making COMMISSION Han Jin Transportation Co., Airworthiness directive; Fairchild Ltd., and Air Korea______6991 Hiller Model F-27 Series air­ Notices Lineas Aereas de Nicaragua, planes______6983 Increased minimum charges be­ S.A ______6992 tween points in Central States_ 7003 Pacific Islands local service in­ FEDERAL POWER COMMISSION Motor carrier: vestigation ____ 6992 Temporary authority applica­ Notices tions------6999 CIVIL SERVICE COMMISSION Hearings, etc.: Transfer proceedings______7002 Consolidated Gas Supply Corp_ 6993 Rules and Regulations Statement of policy; motor carrier Iowa Southern Utilities Co___ 6993 general rate increase proceed­ Excepted service; Treasury De­ Northern Natural Gas Co_____ 6994 ings------7002 partment______6965 Texas Eastern Transmission Corp. (2 documents)______6994 COAST GUARD Texas Gas Transmission Corp_ 6995 JUSTICE DEPARTMENT See Immigration and Naturaliza­ Rules and Regulations tion Service. Public contracts: FOOD AND DRUG Fixed price supply contracts__ 6976 ADMINISTRATION Value engineering______6974 LABOR DEPARTMENT Rules and Regulations See Wage and Hour Division. Food additives and drugs; am- COMMODITY CREDIT prolium, etc______6970 CORPORATION NATIONAL PARK SERVICE Rules and Regulations FOREST SERVICE Proposed Rule Making Cotton loan program; heavyweight Proposed Rule Making Whiskeytown-Shasta-Trinity Na­ tional Recreation Area; zoning bales------6967 Whiskeytown-Shasta-Trinity Na­ Honey price support; miscellane­ tional Recreation Area; zoning standards; cross reference____ 6978 ous amendments______6967 standards______6979 (Continued on next page) 6959 6960 CONTENTS

POST OFFICE DEPARTMENT SECURITIES AND EXCHANGE TREASURY DEPARTMENT Rules and Regulations COMMISSION See Internal Revalue Service. Domestic air transportation; mis­ Notices cellaneous amendments______6973 Hearings, etc.: VETERANS ADMINISTRATION RENEGOTIATION BOARD American Equities Fund, Inc__ 6996 Rules and Regulations Continental Vending Machine Procurement by negotiation; cost- Rules and Regulations Corp ______6996 plus-fixed-fee contract------6974 Renegotiation losses: Lincoln Printing Co_____ - ___ 6996 Carryforward ______6971 Pakco Companies, Inc__ —___ 6996 Consolidated contractors_____ 6972 Pinal C o u n ty Development WAGE AND HOUR DIVISION Association____ ,______6996 Notices Sports Arenas, Inc___ ;______6996 SAINT LAWRENCE SEAWAY Underwater Storage, Inc______6997 Certificates authorizing employ­ DEVELOPMENT CORPORATION Westec Corp______6997 ment of full-time students work­ ing outside school hours at Rules and' Regulations SELECTIVE SERVICE SYSTEM special minimum wages in re­ Hazardous cargo vessel; correc­ tail or service establishments or tion ______6973 Rules and Regulations in agriculture______6997 Selective service; miscellaneous - amendments; cross reference— 6973 TRANSPORTATION DEPARTMENT See Coast Guard; Federal Aviation Administration; Saint Lawrence Seaway Development Corpora­ tion.

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected.

3 CFR 8 CFR 32 CFR E xecutive Orders: P roposed R ules: 1457. 6971 9988 (sec EO 11350) — 6961 204______—„ —______6978 1464. 6972 10001 (see EO 11350) 6961 1624. 6973 10008 (see EO 11350) 6961 14 CFR 1626. 6973 10116 (see EO 11350) 6961 1627. 6973 39 ( documents)______6968, 6969 1628 6973 10202 (see EO 11350) 6961 77-______6970 6961 1632 6973 10292 (see EO 11350) P roposed R ules; 10363 (see EO 11350) 6961 10659 (see EO 11350) 6961 39____ 6983 33 CFR 10714 (see EO 11350) 6961 401...... 6973 10984 (see EO 11350) 6961 21 CFR 11188 (see EO 11350) 6961 121______6970 11350______6961 144______—— 6970 36 CFR P roposed R ules: 5 CFR 26 CFR 30______6978 213______6965 1______— 6971 251______.... 6978

7 CFR 39 CFR 730______6965 531-______6973 908______6966 910______6966 1062______6967 41 CFR 1427______9667 6974 1434______6967 8-3— 6974 P roposed R ules: 1 1-1 ______6974 1099______6978 11-7______6976 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11350 AMENDING THE SELECTIVE SERVICE REGULATIONS By virtue of the authority vested in me by the Universal Military Training and Service Act (62 Stat. 604), as amended, I hereby pre­ scribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 9988 of August 20, 1948, No. 10001 of September 17,1948, No. 10008 of October 18, 1948, No. 10116 of March 9,1950, No. 10202 of January 12,1951, No. 10292 of Septem­ ber 25, 1951, No. 10363 of June 17, 1952, No. 10659 of February 15, 1956, No. 10714 of June 13,1957, No. 10984 of January 5,1962, and No. 11188 of November 17,1964, which constitute portions of Chapter XVI of Title 32 of the Code of Federal Regulations: 1. Paragraph (a) of section 1624.1 of Part 1624, Appearance Before Local Board, is amended to read as-follows: “ (a) Every registrant after his classification is determined by the local board, except a classification which is determined upon an appear­ ance before the local board under the provisions of this part, shall have an opportunity to appear in person before the member or members of the local board designated for the purpose if he files a written request therefor within 30 days after the local board has mailed a Notice of Classification (SSS Form 110) to him. Such 30-day period may not be extended.” 2. Part 1626, Appeal to Appeal Board, is amended as follows: (a) Paragraph (b) of section 1626.2 is amended to read as follows: “(b) The government appeal agent may take any appeal authorized under paragraph (a) of this section at any time before the registrant is mailed an Order to Report for Induction (SSS Form 252) or an Order to Report for Civilian Work and Statement of Employer (SSS Form 153).” (b) Subparagraph (1) of paragraph (c) of section 1626.2 is amended to read as follows: “ (1) Within 30 days after the date the local board mails to the regis­ trant a Notice of Classification (SSS Form 110).” (c) Paragraphs (a), (b), and (c) of section 1626.25 are amended to read as follows: “ (a) If an appeal involves the question whether or not a registrant is entitled to be sustained in his claim that he is a conscientious objector, the appeal board shall take the following action: “ (1) If the registrant claims that he is, by reason of religious train­ ing and belief, conscientiously opposed to participation in war in any form and by virtue thereof he is conscientiously opposed to combatant training and service in the armed forces, but is not conscientiously opposed to noncombatant training and service in the armed forces, the appeal board shall determine whether or not such registrant is eligible for classification in a class lower than Class I-A -O or in Class I-A-O. If the appeal board determines that such registrant is eligible for clas­ sification in a class lower than Class I-A -O or in Class I-A-O, it shall classify the registrant in the lowest class for which he is determined to be eligible.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6962 THE PRESIDENT “ (2) If the registrant claims that he is, by reason of religious train­ ing and belief, conscientiously opposed to participation in war in any form and by virtue thereof is conscientiously opposed to participation in both combatant and noncombatant training and service in the armed forces, the appeal board shall determine whether or not the registrant is eligible for classification in a class lower than Class 1-0 or in Class I-O. If the appeal board determines that such registrant is eligible for classification in a class lower than Class 1 -0 or in Class I-O , it shall place him in the lowest class for which he is determined to be eligible. “ (3) If the appeal board determines that a registrant who has claimed conscientious objection within the meaning of subparagraph (1) or subparagraph (2) hereof is not entitled to classification in either the class he claimed or in a lower class, it shall transmit the entire file to the United States Attorney for the judicial district in which the office of the appeal board is located for the purpose of securing an advisory recommendation from the Department of Justice. “(b) No registrant’s file shall be forwarded to the United States Attorney by any appeal board and any file so forwarded shall be re­ turned, unless in the ‘Minutes of Action by Local Board and Appeal Board’ on the Classification Questionnaire (SSS Form 100) the record shows and the letter of transmittal states that the appeal board reviewed the file and tentatively determined that the registrant should not be classified in either Class I-A -O or Class I-O, whichever he claims. “ (c) Whenever a registrant’s file is forwarded to the United States Attorney in accordance with subparagraph (3) of paragraph (a) of this section, the Department of Justice shall thereupon make an in­ quiry and hold a hearing on the character and good faith of the con­ scientious objections of the registrant. The registrant shall be notified of the time and place of such hearing and shall have an opportunity to be heard. If the objections of the registrant are found to be sustained the Department of Justice shall recommend to the appeal board (1) that if the registrant is inducted into the armed forces, he shall be assigned to noncombatant service, or (2) that if the registrant is found to be conscientiously opposed to participation in such noncombatant service, he shall in lieu of induction be ordered by his local-board to perform for a period of twenty-four consecutive months civilian work contributing to the maintenance of the national health, safety, or in­ terest. If the Department of Justice finds that the objections of the registrant are not sustained, it shall recommend to the appeal board that such objections be not sustained.” (d) Paragraph (d) of section 1626.25 is hereby rescinded, and par­ agraph (e) is hereby redesignated as paragraph (d). (e) Paragraph (b) of section 1626.61 is amended to read as follows: “ (b) At any time before the registrant is mailed an Order to Report for Induction (SSS Form 252) or an Order to Report for Civilian Work and Statement of Employer (SSS Form 153) the government appeal agent, if he deems it to be in the national interest or necessary to avoid an injustice, may prepare and place in the registrant’s file a recommendation that the State Director of Selective Service either request the appeal board to reconsider its determination or appeal to the President. The registrant’s file shall then be forwarded to the State Director of Selective Service. As soon as the State Director of Selective Service has acted upon the recommendation of the government appeal agent he shall advise the local board and, if he determines neither to request the appeal board to reconsider its determination nor to appeal to the President, he shall return the file to the local board.” 3. Section 1627.3 of Part 1627, Appeal to the President, is amended to read as follows:

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 THE PRESIDENT 6963 “When a registrant has been classified by the appeal board and one or more members of the appeal board dissented from that clas­ sification, the registrant, any person who claims to be a dependent of the registrant, or any person who prior to the classification appealed from filed a written request for the current occupational deferment of the registrant may appeal to the President within 30 days after the mailing by the local board of the Notice of Classification (SSS Form 110) notifying the registrant of this classification by the ap­ peal board. The local board may permit any person who is entitled to appeal to the President under this section to do so, even though the 30-day period for taking an appeal has elapsed, if it is satisfied that the failure of such person to appeal within such 30-day period was due to lack of understanding of the right to appeal or to some other cause beyond the control of such person. - 4. Part 1628, Physical Examination, is amended as follows: (a) Paragraph (h) of section 1628.14 is amended to read as follows: “ (h) The State Director of Selective Service for the State in which the local board of origin is located shall, upon receipt of the com­ pleted original Transfer for Armed Forces Physical Examination or Induction (SSS Form 230), record on his copy of that form the disposition of the transferred registrant and forward the original of the form together with all other papers received from the local board of transfer to the local board of origin, except that he shall retain one copy of the Record of Induction (DD Form 47) whenever the registrant has been found not qualified for service in the Aimed Forces.” (b) Subparagraphs (2) and (3) of paragraph (a) of section 1628.25 are amended to read as follows: “ (2) For each registrant found qualified for service in the Armed Forces, the original and three copies of the Record of Induction (DD Form 47), the original and one copy of the Report of Medical Exam­ ination (Standard Form 88), any X-ray films, and two copies of the Report of Medical History (Standard Form 89). “ (3) For each registrant found not qualified for service in, the Armed Forces, the original and one copy of the Record of Induction (DD Form 47), the original Report of Medical Examination (Stand­ ard Form 88), and one copy of the Report of Medical History ( Stand­ ard Form 89) (c) Paragraph (c) of section 1628.25 is amended to read as follows: “ (c) For each registrant' found not qualified for service in the Armed Forces, the commanding officer of the examining station will retain two copies of the Record of Induction (DD Form 47), one copy of the Report of Medical Examination (Standard Form 88), and one copy of the Report of Medical History (Standard Form 89).” (d) Subparagraphs (3) and (4) of paragraph (d) of section 1628.25 are amended to read as follows: “ (3) For each registrant found qualified for service in the Armed Forces, file the original and three copies of the Record of Induction (DD Form 47), the original and one copy of the Report of Medical Examination (Standard Form 88), any X-ray films, and two copies of the Report of Medical History (Standard Form 89) in the registrant’s Cover Sheet-{ SSS Form 101). These f orms and X-ray films shall be retained in the registrant’s Cover Sheet (SSS Form 101) until such time as he may be forwarded for induction. “ (4) For each registrant found not qualified for service in the Armed Forces, file the original of the Record of Induction (DD Form 47), the original of the Report of Medical Examination (Standard Form 88), and the copy of the Report of Medical History (Standard Form 89) in the registrant’s Cover Sheet (SSS Form 101), and for­ ward to the State Director of Selective Service the copy of the Record of Induction (DD Form 47).”

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6964 THE PRESIDENT 5. P art 1632, Delivery and Induction, is amended as follows: (a) Subparagraph (2) of paragraph (a) of section 1632.5 is amended to read as follows: “ (2) Assemble the original and three copies of each registrant’s Record of Induction (DD Form 47), the original and the copy of the Report of Medical Examination (Standard Form 88), two copies of the Report of Medical History (Standard Form 89), any X-ray films made at the time of the armed forces physical examination, any waiver of disqualification, any order terminating civil custody, all other in­ formation concerning the qualification of the registrant for service in the Armed Forces, and, if the registrant has volunteered for induc­ tion and has not attained the age of 18 years and 6 months, one copy of the Application for Voluntary Induction (SSS Form 254).” (b) Paragraph (j) of section 1632.9 is amended to read as follows: “(j) The State Director of Selective Service for the State in which the local board of origin is located shall, upon receipt of the completed original Transfer for Armed Forces Physical Examination or Induc­ tion (SSS Form 230), record on his copy of that form the disposition of the transferred registrant and forward the original of the form together with all other papers received from the local board of transfer to the local board of origin, except that he shall retain one copy of the Record of Induction (DD Form 47) whenever the registrant has been found not qualified for service in the Armed Forces.” (c) Subparagraph (3) of paragraph (a) of section 1632.20 is amended to read as follows: “(3) For each registrant found not qualified for service in the Armed Forces, the original and one copy of the Record of Induction (DD Form 47), the original Report of Medical Examination (Stand­ ard Form 88), one copy of the Report of Medical History (Standard Form 89), and any copy of the Application for Voluntary Induction (SSS Form 254) submitted.” (d) Paragraph (b) of section 1632.21 is amended to read as follows: “(b) For each registrant found not qualified for service in the Armed Forces, retain two copies of the Record of Induction (DD Form 47), one copy of the Report of Medical Examination (Standard Form 88) together with any X-ray film, and one copy of the Report of Medical History (Standard Form 89).”

T he W hite H ouse, May S, 1967. [F.R. Doc. 67-5155; Filed, May 4,1967; 2: 02p.m.]

FEDERAL REGISTER, VO L 32, NO. 88— SATURDAY, MAY 6, 1967 6965 Rules and Regulations

tion of rice on the farm to the extent in small plots which are designated by Title 5— ADMINISTRATIVE shown on the application for allocation, the producer and approved by the county and (3) the rice allotment determined committee for such purpose before for any farm may be reduced for the cur­ planting, and (ii) no grazing or harvest­ PERSONNEL rent year if the sum of the feed grain ing other than by wildlife is permitted. Chapter I— Civil Service Commission base, total allotments, and sugar pro­ Effective with 1965 and subsequent crops portionate shares exceeds the cropland of rice, a second planting and maturing PART 213— EXCEPTED SERVICE for the farm for the current year and of rice on a farm on which one crop has Treasury Department the producer elects to reduce the rice al­ been planted and matured in the same lotment in lieu of the feed grain base. crop year shall be consider additional Section 213.3305 is amended to show Since rice farmers are planning rice acreage when determining the farm rice that the Special Assistant to the Director farming operations for the 1967 crop acreage. of the Mint is no longer excepted under year, and will need to know the provi­ * * * * * Schedule C. Effective on publication in sions of these amendments, it is impor­ 2. Section 730.1521 is amended by add­ the Federal R egister, paragraph (e) is tant that these amendments be issued revoked. ing at the end thereof a new paragraph and made effective as soon as possible. (h) to read: (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, Accordingly, it is hereby found that com­ 3 CFR, 1954-58 Comp., p. 218) pliance with the notice, public procedure, § 730.1521 Allocation of producer al­ lotments to farms. United States Civil Serv­ and effective date requirements of 5 * * * * * ice Commission, U.S.C. 553 is impracticable and contrary [seal] J ames C. Spry, to the public interest and these amend­ (h) In any case where an application Executive Assistant to ments shall become effective as provided for transfer of a producer allotment to the Commissioners. herein. another county has been approved un­ 1. Paragraph (h) of § 730.1511 is [F.R. Doc. 67-5102; Filed, May 5, 1967; der paragraph (g) of this section, and 8:48 am.] amended to read: an application to allocate such trans­ § 730.1511 Definitions. ferred producer allotment to a farm has * * * * * been timely filed, the county committee shall schedule a hearing and the operator Title ? — AGRICULTURE (h) “Rice acreage” means the acreage of the farm to which allocation is re­ planted to rice and the acreage of volun­ quested shall be invited to be present. Chapter VII— Agricultural Stabiliza­ teer rice which reaches maturity, exclud­ Such operator shall satisfy the county tion and C o n se rv a tio n Service ing (1) any acreage of non-irrigated committee that the producer requesting (Agricultural Adjustment), Depart­ rice produced on any farm on which the allocation will be engaged in the pro­ ment of Agriculture such acreage is 3 acres or less, (2) any duction of rice on the farm to the extent acreage of sweet, glutenous, or candy shown on the application for allocation. SUBCHAPTER B— FARM MARKETING QUOTAS rice, commonly known as Mochi Gomi, If the application for allocation is ap­ AND ACREAGE ALLOTMENTS (3) any acreage of rice grown for experi­ proved by the county committee and the [ Amdt. 14] mental purposes only by or under con­ representative of the State committee, tract to a publicly owned agricultural PART 730— RICE the provisions of paragraph (c) of this experiment station, (4) any acreage of section shall apply. If the application for Subpart— Regulations for Determina­ rice in excess of the allotment on a wild­ allocation is disapproved by the county life refuge farm consisting solely of Fed­ tion of Acreage Allotments for 1964 committee or the representative of the eral or State-owned land, if such acreage State committee, the applicant shall be and Subsequent Crops of Rice is not harvested, but is left on the land notified in writing giving reasons for Miscellaneous Amendments for wildlife food, (5) any acreage planted disapproval. to rice in excess of the farm allotment, or Basis and purpose. The amendments where applicable, the permitted acreage 3. Paragraph (b) (3) of § 730.1527 is herein are issued under and in accord­ of rice under the conservation and crop­ amended as follows: Subdivision (iii) is ance with the provisions of the Agricul­ land adjustment programs, which is de­ amended and a new subdivision (iv) is tural Adjustment Act of 1938, as stroyed or otherwise handled or treated added at the end thereof. The amended amended. (by the producer or from some cause be­ subdivision (iii) and the added subdi­ The purpose of these amendments is yond his control) not later than the final vision (iv) read as follows: to provide that (1) any acreage planted date for disposal of excess acreage as to rice for wildlife food plots or for es­ provided in Part 718 of this chapter, De­ § 730.1527 Establishment of base acre­ tablishing wildlife habitat shall not be termination of Acreage and Compliance, ages for old farms. considered rice acreage if the rice is so that rice cannot be harvested there­ ***** planted in small plots which are desig­ from, (6) any acreage seeded to rice out­ (b) * * * nated by the pibducer and approved by side of the field border levee where such (3) * * * the county committee for such purpose levee is bounded by a fence or other before planting and no grazing or har­ barrier which would make it impossible (iii) Acreage regarded as planted to vesting other than by wildlife is permit­ to harvest or destroy the rice from such rice under the conservation and crop­ ted, (2) in any case where an application acreage by mechanical means, and any land adjustment programs. for transfer of a producer allotment to acreage seeded to rice inside of drainage (iv) Acreage reduced due to cropland another county has been approved and ditch banks where the topography limitations. an application to allocate such trans­ would make it impossible to harvest or * * * * * ferred producer allotment to a farm has destroy the rice from such acreage by 4. Section 730.1528 is amended by ad­ been timely filed, the county committee mechanical means: Provided, That the shall schedule a hearing with the oper­ seeding operations have been performed ding at the end thereof a new paragraph ator of the farm to which allocation is with an end gate seeder or by airplane, (g) to read: requested for the purpose of determining and (7) any acreage planted to rice for § 730.1528 Determination of allotments whether the producer requesting the al­ wildlife food plots or for establishing for old farms. location will be engaged in the produc­ wildlife habitat if (i) the rice is planted * * * * •

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 No. 88-----2 6966 RULES AND REGULATIONS

(g) The allotment determined for anyhereof in the F ederal R egister (5 U.S.C. mendations and information, submitted farm under paragraphs (a), (b), (c), 553 (1966)) because the time interven­ by the Lemon Administrative Committee, and (d) of this section may be reduced ing between the date when information established under the said amended mar­ for the current year if the sum of the upon which this section is based became keting agreement and order, and upon feed grain base, total allotments, and available and the time when this section other available information, it is hereby sugar proportionate shares exceeds the must become effective in order to effec­ found that the limitation of handling of cropland for the farm for the current tuate the declared policy of the act is such lemons, as hereinafter provided, year and the farm operator requests in insufficient, and a reasonable time is per­ will tend to effectuate the declared policy writing to reduce the rice allotment in mitted, under the circumstances, for of the act. lieu of the feed grain base: Provided, preparation for such effective time; and (2) It is hereby further found that it That such reduction shall not exceed the good cause exists for making the provi­ is impracticable and contrary to the pub­ acreage by which the sum of the feed sions hereof effective as hereinafter set lic interest to give preliminary notice, grain base, total allotments, and sugar forth. The committee held an open meet­ engage in public rule-making procedure, proportionate shares exceeds the crop­ ing during the current week, after giving and postpone the effective date of this land for the farm: Provided further, due notice thereof, to consider supply section until 30 days after publication That such reduction shall be effective for and market conditions for Valencia hereof in the F ederal R egister (5 U.S.C. the current year only. For purposes of oranges and the need for regulation; in­ 553 (1966)) because the time interven­ establishing future State, county and terested persons were aff orded an oppor­ ing between the date when information farm acreage allotments, the acreage not tunity to submit information and views upon which this section is based became planted under the farm allotment be­ at this meeting; the recommendation available and the time when this section cause of a reduction under this para­ and supporting information for regula­ must become effective in order to effec­ graph shall be regarded as planted on the tion dvuring the period specified herein tuate the declared policy of the act is farm. were promptly submitted to the Depart­ insufficient, and a reasonable time is per­ ment after such meeting was held; the (Secs. 301, 353, 375, 377, 52 Stat. 38, as mitted, under the circumstances, for amended, 61 as amended, 66, as amended, provisions of this section, including its preparation for such effective time; and 70 Stat. 206, as amended; 7 U.S.C. 1301, 1353, effective time, are identical with the good cause exists for making the provi­ 1375, 1377) aforesaid recommendation of the com­ sions hereof effective as hereinafter set mittee, and inf ormation concerning such forth. The committee held an open meet­ Effective date: Date of filing with the provisions and effective time has been ing during the current week, after giving Director, Office of the Federal Register. disseminated among handlers of such due notice thereof, to consider supply and Signed at Washington, D.C., on May 3, Valencia oranges; it is necessary, in order market conditions for lemons and the 1967. to effectuate the declared policy of the need for regulation; interested persons H. D. Godfrey, act, to make this section effective during were afforded an opportunity to submit Administrator, Agricultural Sta­ the period herein specified; and com­ information and views at this meeting; bilization and Conservation pliance with this section will not require the recommendation and supporting in­ Service. any special preparation on the part of formation for regulation during the pe­ [F.R. Doc. 67-5116; Filed, May 5, 1967; persons subject hereto which cannot be riod specified herein were promptly sub­ 8:49 a.m.] completed on or before the effective date mitted to the Department after such hereof. Such committee meeting was meeting was held; the provisions of this held on May 4, 1967. section, including its effective time, are Chapter IX— Consumer and Market­ (b) Order. (1) The respective quan­ identical with the aforesaid recommen­ ing Service (Marketing Agreements tities of Valencia oranges grown in Ari­ dation of the committee, and informa­ zona and designated part of California tion concerning such provisions and ef­ and O rd e rs; Fruits, Vegetables, which may be handled during the period Nuts), Department of Agriculture fective time has been disseminated May 7, 1967, through May 13, 1967, are among handlers of such lemons; it is nec­ [Valencia Orange Reg. 201] hereby fixed as follows: essary, in order to effectuate the de­ (1) ' District 1: 600,000 cartons; PART 908— V A L E N C IA ORANGES clared policy of the act, to make this (ii) District 2: 269,544 cartons; section effective during the period here­ GROWN IN ARIZONA AND DESIG­ (iii) District 3: 275,000 cartons. in specified; and compliance with this NATED PART OF CALIFORNIA (2) As used in this section, “handled,” section will not require any special prep­ “handler,” “District 1,” “District 2,” Limitation of Handling aration on the part of persons subject “District 3,” and “carton” have the same hereto which cannot be completed on or § 908.501 Valencia Orange Regulation meaning as when used in said amended before the effective date hereof. Such 201. marketing agreement and order. committee meeting was held on May 2, (a) Findings. (1) Pursuant to the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 1967. marketing agreement, as amended, and 601-674) (b) Order. (1) The respective quantities Order No. 908, as amended (7 CFR Part Dated: May 5,1967. " of lemons grown in California and Ari­ 908), regulating the handling of Valencia P aul A. Nicholson, zona which may be handled during the oranges grown in Arizona and designated Acting Director, Fruit and Veg­ period May 7,1967, through May 13, 1967, part of California, effective under the etable Division, Consumer and are hereby fixed as follows: applicable provisions of the Agricultural Marketing Service. Ci> District 1: 2,260 cartons; Marketing Agreement Act of 1937, as [F.R. Doc. 67-5192; Filed, May 5, 1967; (ii) District 2: 279,000 cartons; amended (7 U.S.C. 601-674), and upon the basis of the recommendations and 11:21 a.m.] (iii) District 3 : Unlimited movement. information submitted by the Valencia (2) As used in this section, “handled,” Orange Administrative Committee, es­ [Lemon Reg. 266] “District 1," “District 2,” “District 3," tablished under the said amended PART 910— LEMONS GROWN IN and “carton” have the same meaning marketing agreement and order, and CALIFORNIA AND ARIZONA as when used in the said amended mar­ upon other available information, it is hereby found that the limitation of han­ Limitation of Handling keting agreement and order. dling of such Valencia oranges, as here­ § 910.566 Lemon Regulation 266. (Secs. 1-19, 38 Stat. 31, as amended; 7 U.S.C. inafter provided, will tend to effectuate (a) Findings. (1) Pursuant to the 601-674) the declared policy of the act. marketing agreement, as amended, and Dated: May 4,1967. (2) It is hereby further found that itOrder No. 910, as amended (7 CFR Part 910), regulating the handling of lemons P aul A. Nicholson, is impracticable and contrary to the pub­ grown in California and Arizona, effec­ Deputy Director, Fruit and lic interest to give preliminary notice, tive under the applicable provisions of Vegetable Division, Consum­ engage in public rule-making procedure, the Agricultural Marketing Agreement er and Marketing Service. and postpone the effective date of this Act of 1937, as amended (7 U.S.C. 601- [F.R. Doc. 67-5146; Filed, May 5, 1967; section until 30 days after publication 674), and upon the basis of the recom- 8:50 a.m.] FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 RULES AND REGULATIONS 6967

Chapter X— Consumer and Market­ It is therefore ordered, That the afore­ [Honey Price Support Regs, for 1966 and Subsequent Crops, Arndt. 1 ] ing S e rvice (Marketing Agree­ said provision of the order is hereby sus­ ments and Orders; Milk), Depart­ pended for the month of April 1967. PART 1434— HONEY (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. ment of Agriculture 601-674) Subpart— Honey Price Support [Milk Order 62] Effective date: Upon publication in the Regulations PART 1062— MILK IN ST. LOUIS, MO., F ederal R egister. Miscellaneous Amendments MARKETING AREA Signed at Washington, D.C., on May 2, The regulations issued by the Com­ modity Credit Corporation, published in Order Suspending Certain Provision 1967. George L. Mehren, 31 F.R. 6257 and setting forth the re­ Pursuant to the provisions of the Agri­ Assistant Secretary. quirements with respect to price support for the 1966 and each subsequent crop of cultural Marketing Agreement Act of [F.R. Doc. 67-5096; Filed, May 5, 1967; 1937, as amended (7 U.S.C. 601 et seq.), 8:47 am.] extracted honey for which a price sup­ and of the order regulating the handling port program is authorized, are hereby of milk in the St. Louis, Mo., marketing amended as follows: area (7 CFR Part 1062), it is hereby Chapter XIV— Commodity Credit Cor­ 1. In § 1434.85, the fourth sentence is found and determined that: poration, Department of Agriculture amended to provide for loans to coopera­ (a) The following provision of the tive marketing associations on honey order, for the month of April 1967, does SUBCHAPTER B— LOANS; PURCHASES, AND stored identity preserved in warehouses not tend to effectuate the declared policy OTHER OPERATIONS licensed under the United States Ware­ of the Act: In § 1062.14(b) (3) the words [Cotton Loan Program Regs. Arndt. 5 ] house Act and reads as follows : “for not more than 16 days’ production”: PART 1427— COTTON § 1434.85 General statement. (b) Notice of proposed rule making, public procedure thereon, and 30 days Subpart— Cotton Loan Program * * * Loans will be evidenced by notes and secured by chattel mortgages or, in notice of the effective date hereof are Regulations impractical, unnecessary, and contrary the case of approved cooperative market­ to the public interest in that: Heavyweight Bales ing associations, may be secured by ware­ house receipts representing honey stored (1) This suspension order does not The regulations issued by the Com­ identity preserved in warehouses licensed require of persons affected substantial or modity Credit Corporation, published in under the United States Warehouse extensive preparation prior to the effec­ 30 F.R. 8096 and 15795, and 31 F JR. 4389 and 9791, as Cotton Loan Program Reg­ Act. * * * tive date. 2. Section 1434.90 is amended to add (2) This suspension order is neces­ ulations, and containing terms and con­ ditions with respect to the Cotton Loan the word “pledge” to paragraph (c) and sary to reflect current marketing condi­ reads as follows: tions and to maintain orderly marketing Program, are hereby amended to allow conditions in the marketing area. tender at 625 pounds of bales of cotton § 1434.90 Availability, disbursem ent, (3) This suspension order is requested weighing in excess of 625 pounds, as and maturity of loans. by the cooperative associations whose follows: ***** members comprise a large majority of 1. Paragraph (j) of § 1427.1356 is (c) Disbursement of loans. Disburse­ producers regularly serving this market. amended to read as follows: ment of loans will be made to producers (4) This suspension order will remove § 1427.1356 Eligible cotton. by ASCS county offices by means of loan the limit during April 1967 for inter­ ***** drafts drawn on CCC or by credit to the order diversion, which is an important (j) Each bale of cotton must weigh producer’s account. The producer shall method of handling reserve milk in the not less than 350 pounds gross weight, not present the loan documents for dis­ St. Louis market. During April 1967, including any bagging allowance author­ bursement unless the honey covered by interorder diversion was necessary to a ized under § 1427.1359 (a). the mortgage or pledge is in existence. larger degree than usual. Without re­ If the honey was not in existence at the moval of the limit on interorder diver­ ♦ * * * * time of disbursement, the total amount sion for April, milk of a large number of 2. The first sentence of paragraph (a) disbursed under the loan shall be re­ dairy farmers normally associated with of § 1427.1359 is amended to read as funded promptly by the producer. the St. Louis market would be excluded follows: 3. In § 1434.93 the introductory text from the pool. - § 1427.1359 W eight, loan rate, and is deleted and paragraph (a) is amended (5) Besides the disruption of pay­ amount. to permit certain loans on honey in ap­ ments to St. Louis producers, the effect (a) Weight. Loans will be made onproved warehouse storage and define would extend to the Southern Illinois the gross weight of upland cotton and on such storage. Paragraph (a) now reads (Order No. 32) producers. Exclusion of the net weight of extra long staple cot­ as follows: the milk from the St. Louis pool would ton, except that in the case of bales § 1434.93 Approved storage. result in its being accounted for as re­ which weigh more than 625 pounds (in­ ceipt at the other order plant to which cluding any allowance for lightweight (a) Loans. Loans will be made only on diverted, which plant is a Southern Illi­ bagging and ties), the weight to be used honey in approved storage as defined in nois pool plant. In this case the Southern in determining the amount of the loan this section. Illinois plant would fail to meet the re­ on the bale shall be 625 pounds. * * * (1) Farm-storage. Approved farm- quired percentage utilization for a pool ***** storage for producers shall consist of a plant under Order No. 32. This plant (Secs. 4, 5, 62 Stat. 1070, as amended; secs. storage structure located on or off the operator favors this action. 101, 103, 401, 63 Stat. 1051, as amended; 72 farm (excluding public warehouses) (6) This suspension action is neces­ Stat. 980, 79 Stat. 1187; 15 U.S.C. 714 b and which is determined by the county com­ sary to maintain producer status during c; 7 U.S.C. 1441,1444,1421) mittee to afford safe storage for honey. April 1967 for a large group of producers Effective date. This amendment is ef­ (2) Warehouse-storage. A p p r o v e d who are part of the supply for the St. fective for the 1966 and subsequent crops warehouse-storage shall consist of à of cotton. storage structure operated by an ap­ Louis market. Without this action re­ proved cooperative marketing associa­ turns at order prices to certain dairy Signed at Washington, D.C., on May 2, tion as defined in § 1434.87(d) and li­ farmers associated with the market 1967. censed to store honey under the United would be threatened. H. D. G odfrey, Executive Vice President, States Warehouse Act. Therefore, good cause exists for mak­ Commodity Credit Corporation. * * * * • ing this order effective upon publication [F.R. Doc. 67-5095; Filed, May 5, 1967; 4. Section 1434.93a is added to pro­ in the F ederal Register. 8:47 a.m.] vide requirements for warehouse receipts

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6968 RULES AND REGULATIONS pledged by cooperative marketing asso­ centage determined by the State com­ Effective date: Upon publication in the ciations and reads as follows: mittee, of the estimated quantity of the F ederal R egister. § 1434.93a Warehouse receipts. eligible honey stored in approved farm Signed at Washington, D.C., on May 2 storage and covered by a chattel mort­ 1967. (a) General. Warehouse receipts ten­ gage. The State committee’s determina­ dered to CCC under this program must tion shall be on a statewide basis or for H. D. G odfrey, meet the requirements of the regulations specified areas within the State. The Executive Vice President, in this subpart and Part 108 of Chapter county committee may lower the per­ Commodity Credit Corporation. I of this title. centage determined by the State com­ [F.R. Doc. 67-5094; Filed, May 5, 1967; (b) Manner of issuance and endorse­ mittee on an individual basis when de­ 8:47 a.m.] ment. Warehouse receipts must be issued termined to be in the best interests of in the name of the approved cooperative CCC. Loans may be made on less than marketing association. The receipts the maximum quantity eligible for loan must be properly endorsed in blank so as at the producer’s request. In any event, Title 14— AERONAUTICS AND to vest title in the holder. Receipts must the mortgage shall cover all of the honey be issued by a warehouse licensed to in the lot in which the honey on which' SPACE store honey under the United States the loan is made is stored. Warehouse Act and represent a lot of ex­ (b) Warehouse storage. The amount Chapter I—-Federal Aviation Admin­ tracted honey stored identity preserved. of a loan on the quantity of eligible istration, Department of Transporta­ The receipts must be negotiable and must honey stored in an approved warehouse tion represent eligible honey actually in stor­ shall be based on a percentage, as de­ [Airworthiness Docket No. 67-WE-11AD; age in the warehouse. termined by the State committee, of the Arndt. 39-410] 5. Paragraph (a) of § 1434.96 is net weight specified on the warehouse amended to add loan service fee for co­ receipt representing the honey offered as PART 39— AIRWORTHINESS operative storage loans and reads as security for the loan. Such percentage DIRECTIVES follows: shall not exceed 95 percent of the weight so specified. Lockheed Models 188A and 188C § 1434.96 Fees and charges. Series Airplanes 8. Section 1434.106 is amended to add (a) Loan service fee. A producer shall “farm-storage” to title of paragraph (a) Amendment 39-383 (32 F.R. 5545), pay a loan service fee of $4 for each and to add paragraph (c) Obtaining AD 67-11-4, as amended by Amendment farm-storage loan disbursed. An ap­ release-warehouse storage and reads as 39-395 issued by telegram on April 5, proved cooperative marketing associa­ follows: 1967, and later published in 32 F.R. 5830, tion shall pay a loan service fee of $2 requires operators of Lockheed Models for each cooperative-storage loan dis­ § 1434.166 Release of the honey under 188A and 188C Series airplanes to in­ bursed. The loan service fee is not loan. spect visually areas above and below the refundable. (a) Obtaining release—farm stor­floor line at the locations of the fuse­ * * * * * age. * * * lage main frame forgings, to rework the 6. Paragraph (b) of § 1434.98 is * * * * * intercostals and floor support structure amended to add the method of determin­ (c) Obtaining release—warehouse stor­ at these locations, and to replace all ing the quantity of honey acquired by age. The cooperative may arrange with forgings found cracked. After issuing CCC from warehouse storage loans and the county office for release of all or part Amendment 39-383, as amended by to clarify the method of determining the of the honey under a warehouse-storage Amendment 39-395, the FAA has deter­ quantity acquired from farm-storage loan on or prior to maturity by repay­ mined that in addition to requiring the and reads as follows: ment of the amount of the loan with replacement of cracked forgings with § 1434.98 Determination o f quantity. respect to the quantity of the honey to new parts of the same part number or * * * * * be released plus interest. Each partial with “new design” parts as a means of release must cover all of the honey rep­ insuring safety, the FAA can, as an (b) At time of acquisition—(1) Farm- resented by one warehouse receipt. alternative means of compliance, require storage. The quantity of honey acquired the repair of a cracked forging in accord­ by CCC on delivery in liquidation of a 9. Paragraph (a) of § 1434.111 is ance with a method previously approved loan or delivery for purchase shall be amended to set forth the support rates by the Chief, Aircraft Engineering Di­ determined by weighing the honey de­ for 1967-crop honey and reads as vision, FAA Western Region, without livered under the direction of the State follows: any adverse effect on safety. To accom­ committee. The quantity of honey ac­ § 1434.111 Support rates. plish this end, the AD is being amended quired in 5-gallon cans shall be deter­ (a) 1967 crop. An amendment to this to provide for (1) a “special repair” of mined by using a tare weight of 2.5 section shall be issued for each year for a cracked forging with additional pro­ pounds for each can. The quantity of which a honey price support program is vision for repetitive inspections at inter­ honey acquired in 55-gallon drums shall authorized setting forth the support rates vals of 60 hours’ time in service for a be determined by using a tare weight of for the then current crop of honey. The maximum period of 600 hours’ time in 53 pounds for each drum unless the pro­ support rate for the quality of 1967-crop service after which time a replacement ducer can furnish evidence of a lesser honey placed under loan or acquired un­ of the cracked forging or a “complete tare weight. der loan or purchase shall be the rate repair” of the cracked forging must be (2) Cooperative warehouse storage.for the respective class and color set accomplished, and (2) a “complete re­ The quantity of honey acquired by CCC forth below: pair” of a cracked forging with subse­ in approved warehouse storage in liquida­ quent inspections to be conducted with­ tion of a loan or delivery for purchase For Montana, All States in the same periods of time established shall be the net weight shown on the Wyoming, east of for repetitive inspections following re­ weight certificate accompanying, and Colorado, Montana, Class and color New Mexico, Wyoming, placement of a cracked forging with a identified to, the warehouse receipt and States Colorado, new part of the same part number. Fur­ pledged to CCC or representing honey west thereof and ther provision is made in this amend­ offered to CCC for purchase. New Mexico ment in the case of a “special repair” for 7. Section 1434.105 is amended to pro­ accelerating the time at which a re­ Cents per Cents per vide for loans on a quantity of honey in Table honey: pound pound placement or a “complete repair” of the approved warehouse storage and reads 1. White and lighter___ 13.0 13.4 forging must be accomplished in the 2. Extra light amber__ 12.0 12.4 as follows : 3. Light amber...... 11.0 11.4 event that crack growth is detected at 4. Other table honey__ 9.0 9.4 the location of the “special repair.” § 1434.105 Quantity for loan. Nontable honey______9.0 9.4 (a) Farm-storage. Loans shall be In addition, paragraphs (d) and (h) of made on 90 percent, or such lesser per­ Amendment 39-383 as amended by

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 RULES AND REGULATIONS 6969

Amendment 39-395, Is being clarified to effective date of this AD unless already ac­ [Docket No. 67-EA-46; Arndt. 39-407] complished for those airplanes having fuse­ carry out the intent of the FAA that the PART 39— AIRWORTHINESS rework called for in those paragraphs be lage main frame forgings with 15,000 or more hours’ time in service on that date, or prior DIRECTIVES accomplished within 2,000 and 4,000 to the completion of 19,000 hours’ time in hours’ time in service respectively after service unless already accomplished for those Fairchild F—27 and F—227 Aircraft the effective date of the AD for air­ airplanes having fuselage main frame forg­ planes having Fuselage Main Frame ings with less than 15,000 hours on that date. The purpose of this amendment to Forgings with 10,000 or, more or 15,000 Thereafter, inspect in accordance with para­ Part 39 of the Federal Aviation Regula­ or more hours’ time in; service respec­ graph (g) within periods not to exceed 4,000 tions is to require the installation of tively on that date, or prior to the ac­ hours’ time in service from the completion another attitude indicator on the cap­ cumulation of 12,000 or 19,000 hours’ of the rework specified in this paragraph. tain’s side of the instrument panel. This time in service respectively. The AD 3. Paragraph (i) is amended to read as instrument will derive its electrical presently requires accomplishment of the follows: power from an alternator source and the D.C. power system. rework at the intercostals within 2,000 (i) If a crack is detected during the in­ hours’ time in service after the effective spections conducted in accordance with para­ Pursuant to former CAR 4b.612(e>, date of the AD and rework at the floor graphs (c) or (g), repair or replace each now FAR 25.1331, all instruments were support structure within 4,000 hours’ forging found cracked before further flight required to have two independent sources time in service after the effective date (except that the airplane may be flown in of power. The present attitude indicator of the AD without regard to the total accordance with FAR 21.197 to a base where has only a D.C. source of power and the repair can be accomplished) as follows: therefore creates a situation which will hours time in service of the airplane. (1) Accomplish a “special repair” or a Also, reference to “Lockheed Drawing “complete repair” in accordance with a not permit continued operation of the 841475” in line 5, paragraph (d) of method previously approved by the Chief, instrument should there be a single Amendment 39-383 (32 F.R. 5545) is a Aircraft Engineering Division, FAA Western ground fault in the D.C. power system. typographical error and is being cor­ Region; or Since an unsafe condition can arise, rected herein to read “Lockheed Draw­ (2) Replace with a new forging of the same part number or with a “new design” a situation exists that requires imme­ ing 841474”. forging, P/N 801030-101 (in place of P/N diate adoption of this regulation and Since this amendment is clarifying in 801030-3), P/N 801030-102 (in place of P/N therefore notice and public procedure nature, provides an alternative means of 801030- 4), P/N 801031-101 (in place of P/N compliance, and imposes no additional 801031- 1), P/N 801031-102 (in place of P/N hereon are impractical and good cause burden on any person, notice and public 801031-2), P/N 801030-101 (in place of P/N exists for making this amendment effec­ procedure hereon are unnecessary, and 801030-1), P/N 801030-102 (in place of P/N tive in less than 30 days. 801030-2), in accordance with “2. Accom­ the amendment may be made effective in plishment Instructions,” Part V, Lockheed In consideration of the foregoing and less than thirty (30) days. Service Bulletin 88/SB-644, or later FAA- pursuant to the authority delegated to In consideration of the foregoing, and approved revision, or in accordance with an me by the Administrator, 14 CFR 11.85 pursuant to the authority delegated to equivalent method approved by the Chief, (31 F.R. 13697), § 39.13 of Part 39 of the me by the Administrator (31 F.R. 13697), Aircraft Engineering Division, FAA Western § 39.13 of Part 39 of the Federal Aviation Region. Federal Aviation Regulations is amended Regulations, Amendment 39-383 (32 F.R. 4. Insert the following new para­ by adding the following new Airworthi­ 5545), AD 67-11-4, as amended by graphs (i-A) and (i-B) between para­ ness Directive: Amendment 39-395 issued by telegram on graphs (i) and (j): F airchild. Applies to all Model F-27 Series April 5, 1967, and later published in 32 (i-A) If a “special repair” is accomplished, and FH-227 Series Airplanes. Com­ F.R. 5830, is further amended as visually inspect the repaired area for evi­ pliance required within the next 200 follows: | dence of crack growth within 60 hours’ time hours’ time in service after the effective 1. Paragraph (d) is amended to read in service after the completion of the “special date of this A.D. unless already accom­ as follows: repair” and thereafter at intervals not to plished. exceed 60 hours’ time in service from the last To compensate for the loss of electrical (d) Rework the intercostals described in inspection. If crack growth is detected during power to the flight instruments required by Lockheed Drawing 811126 in accordance with former CAR 4b.603 (e), (f), (g) (effective Lockheed Wire FS/296808-W (reprinted in the repetitive inspections conducted under Lockheed Service Bulletin 88/SB-644), Lock­ this paragraph, accomplish a “complete re­ December 31, 1953) in the event of a single heed Drawing 841474, or later FAA-approved pair” of the affected forging or replace the ground fault in the D.C. power system, ac­ revision (for forward intercostals attached affected forging with a new forging of the complish the following: same part number or with a “new design” to the forgings at F.S. 571) and Lockheed forging before further flight in accordance (a) In aircraft, where the emergency elec­ Drawing 841475 or later FAA-approved revi­ trical power to operate attitude indicator, sion (for aft intercostals attached to the with paragraph (i). If crack growth is not forgings at F.S. 695), or in either case by an detected during inspections under this par­ turn and bank indicator and gyroscopic di­ equivalent method approved by the Chief, agraph, accomplish the “complete repair” of rection indicator is derived from the D.C. Aircraft Engineering Division, FAA Western the affected forging or replace the affected power system, modify the emergency elec­ Region, within 2,000 hours’ time iri service forging with a new forging of the same part number or with a “new design” forging in trical power system to these instruments after the effective date of this AD unless in accordance with Allegheny Airlines Engi­ already accomplished for those airplanes hav­ accordance with paragraph (i) within 600 ing fuselage main frame forgings with 10,000 hours’ time in service after the completion neering Order 67-8 IF or later FAA approved or more hours time in service on that date, of a “special repair.” revision, or an FAA approved equivalent ap­ or prior to the completion of 12,000 hours’ (i-B) If a “complete repair” is accom­ proved by the Chief, Engineering and plished, the inspections specified in para­ time in service unless already accomplished Manufacturing Branch, Eastern Region. for airplanes having fuselage main frame graphs (c) and (g) and the rework specified forgings with less than 10,000 hours’ time in in paragraphs (d) and (h), unless previously (b) Upon request and submission of sub­ service on that date. Thereafter, inspect in accomplished, must be accomplished for that stantiating data, an FAA Maintenance In­ accordance with paragraph (c) within pe­ forging at the compliance times indicated spector may adjust the compliance time riods not to exceed 4,000 hours’ time in serv­ in this AD. specified in this AD. to permit compliance ice from the completion of the rework This amendment becomes effective at an established inspection period. specified in this paragraph. upon publication in the F ederal R eg­ This amendment is effective upon pub­ 2. Paragraph (h) is amended to read ister. F ederal R egister. as follows: (Secs. 313(a), 601, 603, Federal Aviation Act lication in the of 1958; 49 U.S.C. 1354(a), 1421, 1423) (Sec. 313(a), 601, 603 Federal Aviation Act (h) Rework the floor support structure at of 1958; 49 U.S.C. 1354(a), 1421, 1423) the location of the fuselage main frame forg­ Issued in Los Angeles, Calif., on April ings in accordance with “2. Accomplishment 27, 1967. Issued in Jamaica, N.Y., on April 25, Instructions,” Parts III and IV, Lockheed 1957. Service Bulletin 88/SB-644, or later FAA- J oseph H. T ippets, approved revision, or by an equivalent Regional Director, Wayne H endershot, method approved by the Chief, Aircraft En­ FAA Western Region. Acting Director. gineering Division, FAA Western Region, [F.R. Doc. 67-5089; Filed, May 5, 1967; [F.R. Doc. 67-5109; FUed, May 5, 1967; within 4,000 hours’ time in service after the 8:47 a.m.] 8:48 am.]

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6970 RULES AND REGULATIONS [Docket No. 7570; Arndt. 77-3] coincidentally is similar to a comment re­ ceived from the Department of the Navy Title 21— FOOD AND DRUGS PART 77— OBJECTS AFFECTING in concurring with the proposal. The NAVIGABLE AIRSPACE FAA will review its procedures to insure Chapter I— Food and Drug Adminis­ tration, Department of Health, Edu­ Discretionary Review appropriate coordination and timely dis­ semination of information to appropri­ cation, and Welfare The purpose of this amendment is to ate parties, including military repre­ SUBCHAPTER B— FOOD AND FOOD PRODUCTS exclude determinations of no hazard sentatives. made under § 77.19(c) (1) from the ap­ Some comments, conceding that a de­ PART 121— FOOD ADDITIVES plicability of discretionary review pro­ lay of 30 days may be burdensome in Subpart C— Food Additives Permitted vided in § 77.37. particular circumstances, suggested that The PAA published a notice of pro­ a provision be promulgated to waive the in the Feed and Drinking Water of posed rule making in the F ederal R eg­ 30-day period in circumstances of hard­ Animals or for the Treatment of ister on August 23, 1966 (31 F.R. 11155), ship, or that the 30-day period be re­ Food-Producing Animals circulated as Notice 66-34, proposing to tained when an interested party specifi­ SUBCHAPTER C— DRUGS exclude no-hazard determinations re­ cally requests its retention to permit lating to those structures for which a time for filing a petition for review. One PART 144— ANTIBIOTIC DRUGS; EX­ notice must be filed under § 77.13 but comment suggested eliminating acknowl­ EMPTIONS FROM LABELING AND which would not exceed any standard of edgments issued under § 77.19(c) (1). CERTIFICATION REQUIREMENTS Subpart C of Part 77, and therefore Retention of the 30-day period under would be neither an obstruction nor a Amprolium, Ethopabate, 3-Nitro-4- hazard. Under the PAA’s published cri­ normal circumstances while waiving it in cases of hardship would base the deci­ Hydroxyphenylarsonic Acid, Baci­ teria the proponent of a structure in this tracin category could be given only a no­ sion for discretionary review upon the hazard determination. However, under circumstances of the proponent rather A. The Commissioner of Food and § 77.37 the proponent should wait 30 than the effect upon aeronautical oper­ Drugs, having evaluated the data sub­ days to allow any interested party the ations. If under the standards of Part mitted in a petition (FAP 6C1932) filed opportunity to petition for a discretion­ by Merck Sharp & Dohme Research ary review that could only result in a 77 a structure could be neither an ob­ Laboratories, Division of Merck and Co., substantiation of the no-hazard deter­ struction nor a hazard, periods of delay Inc., Rahway, N.J. 07065, and other rele­ mination. and additional reviews could not alter vant material, has concluded that the Comments received in response to the the determination. Moreover, issuing food additive regulations should be notice indicated a general understand­ waivers would be time consuming and amended to provide for the safe use in ing of the unneeded delay of 30 days pre­ administratively inefficient where the chicken feed of a combination drug con­ ceding finality of the determination and taining amprolium, ethopabate, 3-nitro- generally endorsed the proposal. Objec­ necessity of review is nonexistent. 4-hydroxyphenylarsonic acid, and baci­ tions were received to the proposal that In consideration of the foregoing, tracin, for specified conditions of chick­ were directed to procedural delays en­ § 77.37 of the Federal Aviation Regula­ ens. Therefore, pursuant to the provisions countered in disseminating information tions is amended, effective June 5, 1967, of the Federal Food, Drug, and Cosmetic concerning the proposed structure to air­ by adding the following new sentence to Act (sec. 409(c)(1), 72 Stat. 1786; 21 space users. the end of paragraph (a ): U.S.C. 348(c)(1)), and under the au­ The Air Line Pilots Association ob­ thority delegated to the Commissioner by jected, stating that local authority would § 77.37 Discretionary review. the Secretary of Health, Education, and not have an opportunity to study a pro­ (a) * * * This paragraph does not Welfare (21 CFR 2.120), Part 121 is posed construction with regard to local apply to any acknowledgment issued amended in the following respects: zoning ordinances, and to assess the “ef­ under § 77.19(c) (1). 1. In § 121.210(c), table 1 is amended fects” of the proposal on aviation in that ***** by changing item 1.1k in the fifth and location. A proponent must, of course, (Secs. 307, 313, 1101, Federal Aviation Act of sixth columns, by adding new items 2.8 obtain any necessary approval from local 1958; 49 U.S.C. 1348,1354,1501) and 2.9, by amending in the first column government authorities prior to con­ subitem e under item 2.9, and by delet­ struction, including zoning approval, if Issued in Washington, D.C., on May 1, ing and reserving subitem q under item any, which would consider the effects 1967. 2.9. The affected portions are as follows: on local property interests. Elimination W illiam F. M cK ee, of the provision for discretionary re­ Administrator. § 121.210 Amprolium. ***** view by the PAA would have no effect on [F.R. Doc. 67-5090; Filed, May 5, 1967; any requirement local authorities may 8:47 a.m.] (c) * * * impose on the proponent. T a ble l —A m prolium in C om plete C hick en and T u r k ey F e e d The Department of the Air Force ob­ jected, stating that the elimination of a Principal Grams Combined with— Grams Limitations Indications for use 30-day delay would not permit proper ingredient per ton per ton treatment of aviation considerations be­ cause of the length of time involved in 1.1 * • • * * # ♦ ♦ 4 • * • § 121.262, table 1, item § 121.262, table 1, obtaining and assessing the effect of the k. * * * 2.1. item 2.1. proposal. Particularly, the Air Force is • • • • * * * * * • * * • * * • * * concerned with training flights at very 2.7 * * • 2.8 Amprolium___ 113.5-227 3-N itro-4-hydroxy- 22.7-45.4 For broiler chickens; Prevention of coccid- low levels for which a structure of (0.0125%- phenylar sonic (0.0025%- withdraw 5 days be­ iosis; growth pro­ moderate height could be a hazard, and 0.025%) acid. 0.006%) fore slaughter; as sole motion and feed source of organic efficiency; im­ which may be erected before the Air arsenic. proving pigmen­ Force representatives would be aware of tation. its existence. Part 77 was never intended 2.9 Amprolium___ 113.6-227 Ethopabate____ For broiler chickens; for Do. (0.0125%- + (0.0004%) replacement chickens to provide protection for very low level 0.026%) 3-N itro-4-hydroxy- 22.7-45.4 intended for use as military training operations. If every phenylarsonic (0.0025%- caged layers only; acid. 0.005%) withdraw 5 days be­ structure that may be an obstruction to fore slaughter; as sole flights of this nature should be called a source of organic arsenic. hazard, the public would be overbur­ * • • 8 8 8 * • * , * * • • • • • • • * • • • • * • * • • • • • * • dened, and a hazard determination e. 2.1,2.2, or 2.9-. • * • • • • would be meaningless. The portion of • • • • • * • * • • • • the comment relating to the delay in ob­ a. [Reserved]• 88 • • • 8 8 8 8 8 8 • • • taining information is pertinent, and

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 RULES AND REGULATIONS 6971 2. In § 121.262(c), table 1 Is amended by adding new Items 1.7, 1.8, and 1.9, by amending in the first column subitem 1 under item 1.9, and by deleting subitems Title 26-INTERNAL REVENUE k and 1 under item 1.9. The affected portions are as follows: Chapter I— Internal Revenue Service, § 121.262 3-Nitro-4-hydroxyphenyIarsonic acid. Department of the Treasury * - * * * * SUBCHAPTER A— INCOME TAX (c) * * * [T.D. 6916] T a ble 1—3-Nitko-4-Hydroxyphentlarsonic A cid in C om plete C hick en and T u bk by F e ed PART 1— IN C O M E TAX; TAXABLE Principiò Grams Combined with— Grams Limitations Indications for use YEARS BEGINNING AFTER DE­ per ton ingredient per ton CEMBER 31, 1953 * * * * * * Certain Reacquisitions of Real 1.6 * * * 1.7 3-Nitro-4- 22.7-45.4 Amprollum...... 113.5-227 For broiler chickens; Prevention of cocci- Property hydroxy- (0.0025%- (0.0125%- withdraw 5 days diosis; growth phenylarsonie 0.005%) 0.025%) before slaughter; as promotion and Correction sole source of organic teed efficiency; acid, arsenic. improving pig­ mentation. In F.R. Doc. 67-4044, published at page 1.8 3-Nitro-4- 22.7-45.4 ___ do...... 113.5-227 For brioler chickens; Do. 5923 in the issue dated April 13, 1967, hydroxy- (0.0025%- + (0.0125%- for replacement the following corrections should be phenyi- 0.005%) . 0.025%) chickens intended for arsonic add. Ethopabate____ 3.6 use as caged layers made: (0.0004%) only; withdraw 5 1. In § 1.1034-1 (a) following the sen­ days before slaughter; as sole source of tence reading “Any gain realized upon organic arsenic. disposition of other property in exchange 1.9 3-Nitro-4- 22.7-45.4 ...... do...... 36.3-113.5 For replacement chick­ Growth promotion for the new residence is not affected by bydroxy- (0.0025%- (0.004%- ens; withdraw 6 days and feed efficiency; phenyl- 0.005%) 0.0126%) before slaughter; as ’ improving pig­ section 1034” and preceding the last sen­ arsonic acid. sole source of organic mentation; devel­ tence, a sentence was inadvertently “arsenic; as follows: opment of active immunity to coc- omitted. This sentence reads as follows: ddiosis. “For special rules relating to the sale or exchange of a principal residence by a Amount of amproliumln feed for taxpayer who has attained age 65, see birds by age groups section 121 and paragraph (g) of § 1.121-5.” conditions Up to 5 From 5 to 8 Over 8 weeks 2. In Example (5) under § 1.1038-l(h), weeks of weeks of of age in paragraph (a), “requisition” in the age age last line should read “reacquisition”, and in paragraph (b), the fifth line under Grams per Grams per Grams per ton ton ton “Limitation on amount of gain”, the word Severe exposure 113.5 72.6-113.5 36.3-113.5 “at” should read “as”. to eoccidiosis. (0.0125%) (0.008%- (0.004%- 0.0125%) 0.0126%) 3. In Example (1) under § 1.1038-2(h), Moderate ex- 72.6-113.5 54.5-113.5 36.3-113.5 in the first sentence of paragraph (a) posure to coc- (0.008%- (0.006%- (0.004%- the words “an adjusted sales price of” cidiosis. 0.0125%) 0.0126%) 0.0125%) Slight exposure 36.3-113.5 36.3-113.5 36.3-113.5 should be deleted. to eoccidiosis. (0.004%- (0.004%- (0.004%- 0.0125%) 0.0125%) 0.0125%)

» * • » « ♦ * a 0 # « • « « a • « * • • • • 9 * • • * * a • * * * Title 32— NATIONAL DEFENSE i. 1.1,1.3,1.4,1.1• * • * • * • a a * * * * * * ♦ * # k. [Deleted] Chapter XIV— The Renegotiation l. [Deleted] Board SUBCHAPTER B— RENEGOTIATION BOARD § 144.26 [Amended] the order and specify with particularity the provisions of the order deemed ob­ REGULATIONS UNDER THE 1951 ACT B. Pursuant to the provisions of the jectionable and the grounds for the ob­ PART 1457— FISCAL YEAR BASIS FOR act (sec. 507, 59 Stat. 463, as amended; jections. If a hearing is requested, the ob­ RENEGOTIATION AND EXCEPTIONS 21 U.S.C. 357) and under the authority jections must state the issues for the delegated as cited above, § 144.26 Ani­ Carryforward of Renegotiation hearing. A hearing will be granted if mal feed containing certifiable antibi­ Losses the objections are supported by grounds otics is amended by changing in the first Section 1457.9 Losses on renegotiable legally sufficient to justify the relief sentence of paragraph (b) (54) the words business in other years: extent allowable sought. Objections may be accompanied “arsanilic acid,” to read “arsanilic acid or in fiscal years ending on or after Decem­ by a memorandum or brief in support ber 31, 1956, is deleted in its entirety and 3-nitro-4-hydroxyphenylarsonic acid,”. thereof. the following is inserted in lieu thereof: Any person who will be adversely af­ Effective date. This order shall become § 1457.9 Carryforward of renegotiation fected by the foregoing order may at effective on the date of its publication in losses. any time within 30 days from the date of the F ederal R egister. (a) Statutory provision. Section 103 its publication in the F ederal R egister (Secs. 409(c) (1), 507, 59 Stat. 463, as amend­ (m) of the act provides as follows: file with the Hearing Clerk, Department ed, 72 Stat. 1786; 21 U.S.C. 348(c)(1), 357) of Health, Education, and Welfare, Room (m) Renegotiation loss carryforwards.— Dated: April 21,1967. (1) Allowance. Notwithstanding any other 5440, 330 Independence Avenue SW., provision of this section, the renegotiation Washington, D.C. 20201, written objec­ J. K. K irk, loss deduction for any fiscal year ending on tions thereto, preferably in quintupli- Associate Commissioner or after December 31, 1956, shall be allowed for Compliance. as an item of cost in such fiscal year, under cate. Objections shall show wherein the regulations of the Board. Person filing will be adversely affected by [F.R. Doc. 67-5060; Filed, May 5, 1967; (2) Definitions. For the purposes of this 8:45 a.m.] subsection—

FEDERAL REGISTER, VOL 32, NO. 88— SATURDAY, MAY 6, 1967 6972 RULES AND REGULATIONS (A) The term “renegotiation loss deduc­ item of cost in the fiscal year under PART 1464— CONSOLIDATED RENE- tion” means— review. The rules set forth in this sec­ GOTIATION OF AFFILIATED (l) for any fiscal year ending on or after tion, although stated in terms of the 5? GROUPS AND RELATED GROUPS December 31, 1956, and before January 1, year loss carryforward provided in sec­ 1959, the sum of the renegotiation loss tion 103 (m) (2) (A) (ii) and (4) of the Renegotiation Losses of Consolidated carryforwards to such fiscal year from- the act, are also applicable to the 2-year loss Contractors . preceding 2 fiscal years; and carryforward provided in section 103 (m) (ii) for any fiscal year ending after Decem­ (2) (A) (i) and (3) of the act. Section 1464.12 Overall loss of consoli­ ber 31, 1958, the sum of the renegotiation dated group is deleted in its entirety and loss carryforwards to such fiscal year from (c) Interpretation. (1) The amount of the preceding 5 fiscal years (excluding any a “renegotiation loss” carried forward to the following is inserted in lieu thereof: fiscal year ending before December 31, the fiscal year under review from a “loss § 1464.12 Renegotiation losses of con­ 1956). year” is a “renegotiation loss carryfor­ solidated contractors. (B) The term “renegotiation loss” means, ward” to the fiscal year under review. for any fiscal year, the excess, if any, of costs The sum of the renegotiation loss carry­ (a) Scope and effect of section. This (computed without the application of this section explains how a renegotiation loss subsection and the third sentence of subsec­ forwards to the fiscal year under review tion (f)) paid or incurred in such fiscal year is the “renegotiation loss deduction” for sustained by a contractor in a fiscal year with respect to receipts or accruals subject such fiscal year and is the amount which, prior to the fiscal year under review will to the provisions of this title over the amount under these regulations, is allowed as an be treated pursuant to section 103 (m) of of receipts or accruals subject to the provi­ item of cost in the fiscal year under the act when such contractor (1) was a sions of this title which were received or ac­ review. member of a consolidated grçup in the crued in such fiscal year, but only to the ex­ (2) If a contractor has a renegotiation loss year, or (2) is a member of a consoli­ tent that such excess did not result from loss in the first year, renegotiable profits dated group in the fiscal year under re­ gross inefllciency of the contractor or sub­ view. For regulations pertaining to the contractor. in the second year, and renegotiable (3) Amount of carryforwards to 1956, profits in the third year, the loss of the carryforward of a renegotiation loss sus­ 1957, and 1958. For the purposes of paragraph first year is first absorbed by the profits tained by à single contractor, see § 1457.9 (2) (A) (i), a renegotiation loss for any fiscal of the second year; the amount of loss of this subchapter. year (hereinafter in this paragraph referred remaining, if any, is then carried forward (b) Definitions. As used in this section: to as the “loss year”) shall be a renegoti­ and applied against the profits of the (1) The term “consolidated renegotia­ ation loss carryforward to the first fiscal third year; and so on until the loss is tion loss” means the amount by which year succeeding the loss year. Such renego­ wholly absorbed by renegotiable profits tiation loss, after being reduced (but not be­ the aggregate costs paid or incurred by low zero) by the profits derived from con­ in the five fiscal years following the loss the members of a consolidated group tracts with the Departments and subcon­ year. with respect to renegotiable receipts or tracts in the first fiscal year succeeding the (3) If a contractor has renegotiation accruals in a fiscal year exceed the ag­ loss year, shall be a renegotiation loss carry­ losses in 2 consecutive years, and rene­ gregate renegotiable receipts or accruals forward to the second fiscal year succeeding gotiable profits in subsequent years, the of such group in such fiscal year. the loss year. For the purposes of the preced­ full amount of the first year’s loss is (2) The term “loss member” means a ing sentence, the profits derived from con­ absorbed by such profits before any part tracts with the Departments and subcon­ contractor which sustains a renegotia­ tracts in the first fiscal year succeeding the of the second year’s loss is so applied. tion loss for a fiscal year in which it is a loss year shall be computed as follows: (d) Limitations. (1) In computing the member of a group that sustains a con­ (A) If such first fiscal year ends on or amount of a renegotiation loss, any losses solidated renegotiation loss. after December 31, 1956, such profits shall resulting from gross inefficiency of the (c) Carryforward for loss member of a be computed by determining the amount contractor will be excluded. of the renegotiation loss deduction for such (2) Any contractor claiming allowance consolidated group. If a contractor who first fiscal year without regard to the renego­ of a renegotiation loss deduction must was the sole loss member of a consoli­ tiation loss for the loss year. show that it has reasonably pursued dated group in a loss year is renegotiated (B) If such first fiscal year ends before separately for subsequent fiscal years, December 31, 1956, such profits shall be com­ available remedies for obtaining relief the amount of the consolidated renego­ puted without regard to any renegotiation from such loss. tiation loss sustained by the group shall loss for the loss year or any fiscal year pre­ (e) Carryforward upon acquisition of be a renegotiation loss carryforward for ceding the loss year. business. When a contractor acquires the such contractor to each of the 5 fiscal (4) Amount of carryforwards to fiscal business of another contractor within the years following the loss year, and shall years ending after 1958. For the purposes of 5 fiscal years following the close of a paragraph (2)(A )(ii), a renegotiation loss fiscal year in which such other contractor be subject to the provisions of this sec­ for any fiscal year (hereinafter in this para­ tion and § 1457.9 of this subchapter. If graph referred to as the “loss year”) ending sustained a renegotiation loss, such loss, the group included more than one loss on or after December 31, 1956, shall be a re­ after being absorbed by renegotiation member and the members are renego­ negotiation loss carryforward to each of the profits in any fiscal year between the loss tiated separately thereafter, the con­ 5 fiscal years following the loss year. The en­ year and the fiscal year under review, as solidated renegotiation loss will be al­ tire amount of such loss shall be carried to provided in this section and § 1464.12 of located among the loss members in the first fiscal year succeeding the loss year. this subchapter, shall be allowed as a The portion of such loss which shall be car­ proportion to the amount of loss sus­ renegotiation loss carryforward for the tained by each, and the share so allocated ried to each of the other 4 fiscal years shall acquiring contractor if the loss contrac­ be the excess, if any, of the amount of such to each loss member shall be a renego­ loss over the sum of the profits derived from tor has ceased to exist and, in the opin­ tiation loss carryforward for such con­ contracts with the Departments and subcon­ ion of the Board, such allowance is tractor to each of the 5 fiscal years fol­ tracts in each of the prior fiscal years to necessary to avoid inequity. lowing the loss year, and shall be subject which such loss may be carried. For the (f) Application to consolidated groups. to the provisions of this section and purposes of the preceding sentence, the For regulations pertaining to the carry­ profits derived from contracts with the De­ forward of a renegotiation loss sustained § 1457.9 of this subchapter. partments and subcontracts in any such prior by a contractor who was a member of a Example. In Year 1, A, B, and C were niem- fiscal year shall be computed by determining bers of a consolidated group. A realized the amount of the renegotiation loss deduc­ consolidated group in the loss year, or is renegotiable profits of $240,000; B sustained tion without regard to the renegotiation loss a member of a consolidated group in the a renegotiation loss of $200,000; and C sus­ for the loss year or for any fiscal year there­ fiscal year under review, see § 1464.12 of tained. a renegotiation loss of $100,000. Tne after, and the profits so comptued shall not this subchapter. consolidated renegotiation loss of the group be considered to be less than zero. was $60,000. If the members are renegotiate^ (Sec. 109, 65 Stat. 22; 50 U.S.C. App., Sup. separately In Year 2, $40,000 will be allowed (This subsection (m) added by Pub. Law 870, 1219) as a cost to B and $20,000 to C. 84th Cong., approved Aug. 1,1956, as amended by Pub. Law 86-89, approved July 13, 1959.) Dated: May 3,1967. No amount of a consolidated renegotia­ Lawrence E. Hartwig, tion loss will be allowed as a carryfor­ (b) In general. Except as provided in Chairman. ward (1) if such loss resulted from gross this section, losses on renegotiable busi­ [F.R. Doc. 67-5105; Filed, May 5, 1967; inefficiency; and (2) unless it is shown ness in fiscal years prior to the fiscal year , that any loss member of such group has under review shall not be allowed as an 8:48 a.m.]

FEDERAL REGISTER. VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 RULES AND REGULATIONS 6973

reasonably pursued available remedies members of a consolidated group; D and Chapter XVI— Selective Service for obtaining relief from such loss. E were members of another consolidated System (d) Carryforward to consolidated group; and all five would have qualified group—(1) When group was identical in for consolidation as a single group. PART 1624-—APPEARANCE BEFORE loss year. If a group consolidated in the Their renegotiable profits and losses were LOCAL BOARD fiscal year under review sustained a con­ as follows: A, profit $240,000; B, loss solidated renegotiation loss in a prior fis­ $200,000; C, loss $100,000; D, profit $100,- PART 1626— APPEAL TO APPEAL cal year, the amount of such loss shall be 000; and E, loss $150,000. The consoli- BOARD a renegotiation loss carryforward for _ dated renegotiation loss of A, B, and C the group to each of the 5 fiscal years was $60,000, allocable $40,000 to B and PART 1627— APPEAL TO THE following the loss year, and shall be car­ $20,000 to C. The consolidated renegotia­ PRESIDENT ried forward in the manner provided in tion loss of D and E was $50,000, allocable PART 1628— PHYSICAL this section and § 1457.9 of this sub­ entirely to E. In Year 2, A, B, D, and E chapter. form a consolidated group, without C. EXAMINATION (2) When members were separate or If A, B, D, and E had consolidated in PART 1632— DELIVERY AND in different groups in loss year. If the Year 1, the consolidated renegotiation INDUCTION members of a group consolidated in the loss of the group would have been only fiscal year under review did not con­ $10,000. Although the allocable shares of Miscellaneous Amendments B and E as shown above aggregate $90,- stitute a consolidated group of identical Cross R eference: For miscellaneous membership in a prior fiscal year in 000, the amount allowable to the con­ solidated group in Year 2 is limited to amendments to the Selective Service which one or more of such contractors Regulations, see Title 3, Executive Or­ sustained renegotiation losses, such losses $10,000. The $20,000 allocable to C is al­ der 11350, supra. shall be carried forward as provided in lowable to C in that amount in Year 2. this section and § 1457.9 of this sub­ (iii) Some members were separate and chapter. Such losses will be allowed as others were in different group in loss Carryforwards to the consolidated group year, (a) In Year 1, A (loss $500,000), in the fiscal year under review; but no B (profit $100,000), and C (profit $300,- Title 33— NAVIGATION AND such amount will be so allowed unless 000) were members of a consolidated the members of such group would have group. The consolidated renegotiation NAVIGABLE WATERS qualified for consolidation in the loss loss of A, B, and C was $100,000, allocable Chapter IV— Saint Lawrence Seaway year, and the aggregate amount so entirely to A. D (profit $200,000) was Development Corporation allowed will be limited to the amount, if renegotiated separately for the same year any, which would have been the con­ and made a renegotiation refund in the PART 401— SEAWAY REGULATIONS solidated renegotiation loss of such group amount of $30,000, retaining $170,000 AND RULES in the loss year. In computing such after renegotiation. E, a partnership amount, if any member of the consoli­ (profit $40,000) was also renegotiated Hazardous Cargo Vessel; Correction dated group was not a renegotiable con­ separately. In Year 2 the partners dis­ FJR. Doc. 67-4505, published at pages tractor in the loss year, but succeeded solved E and formed a corporation F, 6394-6396 in the issue dated April 25, thereafter to the business of a renegoti­ which continued the partnership busi­ 1967, is corrected by changing the word able contractor and was owned during ness. Assume A, B, C, D and E would “omitting” to read “emitting” in the sec­ the fiscal year under review by the same have qualified for consolidation in Year 1. ond line of § 401.105-6 (g), Hazardous person or substantially the same persons (b) In a Year 2 consolidated group Cargo Vessel. who owned such predecessor in the loss composed of A, B, C, and D, no amount year, the receipts or accruals and costs of of loss carryforward would be allowed to S aint Lawrence Seaway D e­ such predecessor will be included in the the group because A, B, C, and D as a velopment Corporation, computation. The following examples group in Year 1 would have realized a [ seal] J oseph H. McCann, illustrate how the limitation in this sub- group profit of $70,000. In making this Administrator. paragraph is computed and applied: computation, D’s profits are reduced by [FJR. Doc. 67-5080; Filed, May 5, 1967; (i) Members were all separate in loss its $30,000 renegotiation refund. 8:46 am.] year. In Year 1, A, B, and C would have (c) In a Year 2 consolidated group qualified for consolidated renegotiation, composed of A, B, and D, the full amount but were not consolidated. A realized of the $100,000 consolidated renegotia­ renegotiable profits of $240,000; B sus­ tion loss allocable to A would be allowed Title 39— POSTAL SERVICE tained a renegotiation loss of $200,000; and C sustained a renegotiation loss of to the group. Chapter I— Post Office Department (d) In a Year 2 consolidated group $100,000. If A, B, and C were renegoti­ PART 531— DOMESTIC AIR ated separately in Year 2, $200,000 would composed of A, B, C, and F, their con­ be allowed as a cost to B and $100,000 solidated renegotiation loss as a group TRANSPORTATION to C. However, A, B, and C are a con­ in Year 1 would have been $60,000; hence Air Carriers’ Responsibilities and solidated group in Year 2, with renegoti­ Handling of Mail able profits of $40,000. Had they been that amount would be allowed as a loss consolidated in Year 1, the consolidated carryforward to the group­ A notice of proposed revisions in renegotiation loss of the group would ie) Carryforward upon acquisition of §§ 531.3 and 531.5 of Title 39, Code of have been only $60,000. It is this amount business. The provisions of § 1457.9(e) Federal Regulations, was published in • of $60,000, and not the aggregate of of this subchapter shall apply to the the F ederal R egister of March 7, 1967 $300,000 of renegotiation losses sustained carryforward of losses under this section. (32 F.R. 3778), concerning new pro­ by B and C, which is allowed as a cost cedures for airmail flights. Interested to the consolidated group in Year 2. (Sec. 109, 65 Stat. 22; 50 TJS.C, App., Sup. persons were given 30 days in which to The $20,000 of loss remaining after such 1219) submit written comments regarding the allowance is carried forward to Year 3 Dated: May 3,1967. proposals. and is allowed as a cost to the consoli­ After careful consideration of the com­ Lawrence E. Hartwig, dated group in that year. ments received, the Department has Chairman. reached the conclusion to adopt the pro­ (ii) Members were in different groups [F.R. Doc. 67-5106; Filed, May 5, 1967; posed amendments with the modifica­ in loss year. In Year 1, A, B, and C were 8:48 ajn.] tion that carriers are requested and not

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 No. 88----- 3 6974 RULES AND REGULATIONS required to give the Department not less (Sec. 205(c), 63 Stat. 390, as amended, 40 than 20 days’ notice when major sched­ Title 41— PUBLIC CONTRACTS U.S.O. 486(c); sec. 210(c), 72 Stat. 1114, 38 ule changes are involved. Accordingly, U.S.C. 210(c) ) the amendments to be effective 30 days AND PROPERTY MANAGEMENT This regulation is effective immedi­ after publication in the F ederal R egister ately. read as follows: Chapter 2— Federal Aviation Administration Approved: May 1,1967. § 531.3 Air carriers’ responsibilities. By direction of the Administrator. ***** PART 2-60— CONTRACT APPEALS [seal] A. H. Monk, (g) For preparing and submitting Establishment of Contract Appeals Associate Deputy Administrator. schedules. * * * (2) Submission, (i) Air carriers shall Panel [F.R. Doc. 67-5107; Filed, May 5, 1967; submit with proposed new schedules a Section 2-60.101 is revised to read as 8:48 ajn.] brief explanatory letter or cover sheet de­ follows: tailing proposed changes. § 2—60.101 establishment. (ii) Copies of changes to existing Chapter 11— Coast Guard, Depart­ schedules must be filed with the Post Of­ The Federal Aviation Administration ment of Transportation fice Department, Air Transportation Contract Appeals Panel is established [CGFR 66-66] Branch, Bureau of Transportation and within the Office of the General Counsel. International Services, Washington, D.C. The FAA General Counsel appoints the PART 11-1— GENERAL 20260, not less than 10 days prior to ef­ members of the Panel from attorneys Subpart 11—1.52— Value fective date. In the case of major sched­ employed within the Department of Engineering ule changes, carriers are requested to Transportation, and shall designate one of them as Chairman. Pursuant to authority vested in me as give not less than 20 days’ notice in order Commandant, U.S. Coast Guard, by 49 that the Department may have sufficient (Sec. 303(d), Federal Aviation Act of 1958; CFR1.4: time to process these schedule changes. 49U.S.C. § 1344(d)) The date of filing will be the date of 1. New Subpart 11-1.52 is added, read­ receipt by the Air Transportation Effective date. This revision shall be­ ing as follows:. Branch. come effective on the date of its publica­ Sec. (Hi) Air carriers shall distribute copies tion in the Federal R egister. 11-1.5201 Policy. 11-1.5202 Value engineering incentives. of proposed new schedules or changes in Dated: May 1, 1967. 11-1. 5202-1 Description. existing schedules as follows: W illiam F. M cK ee, 11-1.5202-2 Application. (a) Two copies to Air Transportation Administrator. 11-1.5202-3 limitations. 11-1.5203 Data and technical informa­ Branch. [F.R. Doc. 67-5091; Filed, May 5, 1967; tion. (b) One copy to transportation divi­ 8:47 a.m.] 11-1.5204 Value engineering incentive sion in each region concerned. clause. 11-1.5204-1 Value engineering Incentive (c) States-Alaska and Inter-Alaska Chapter 8— Veterans Administration clause for firm fixed-price air carriers must send one copy to the contracts. PART 8-3— PROCUREMENT BY Director, Transportation Division, Post Authority : The provisions of this Subpart Office Department, Post Office Box 9000, NEGOTIATION 11-1.52 are issued under 14 U.S.C. 633, 10 Seattle, Wash. 98109. Cost-Plus-a-Fixed-Fee Contract TJ.S.C. Ch. 137. (3) Designation of service. The Trans­ In § 8-3.405-5, paragraph (d) is added § 11-1.5201 Policy. portation Division will advise the Air to read as follows: (a) General. Value engineering is con­ cerned with elimination or modification Transportation Branch of all flights that § 8—3.405—5 Cost-plus-a-fixed-fee con­ are not needed for the transportation of of anything that contributes to the cost tract. of an item but is not necessary to re­ mail. The Air Transportation Branch will ***** quired performance, quality, maintain­ notify the air carriers of flights desig­ (d) The total cost of all (A-E) archi­ability, reliability, standardization, or nated for transportation of the mail. tect-engineer services contracted for may interchangeability. Value engineering ***** not exceed 6 percent of the estimated cost usually involves an organized effort di­ of the construction project to which such rected at analyzing the function of an N o te: The corresponding Postal Manual services apply even though the various item with the purpose of achieving the sections are 531.372 and 531.373, respectively. phases or segments of the A-E effort are required function at the lowest overall § 531.5 Handling of mail. contracted for separately with the same cost. As used in this subpart, “value en­ ***** or different A-E firms. This limitation gineering” means a cost reduction effort permits no cost exclusions from the total not required by any other provision of (d) Disposition of mail—canceled or compensation payable for all services the contract. It is the policy of the Coast irregular flights. * * * performed under an A-E contract or Guard to incorporate value engineering (4) When irregular operations occur, contracts including services for prelim­ incentives provisions which encourage inary planning, preliminary site and sub­ dispatch airmail to best advantage. If value engineering in all contracts of surface investigations, consultant fees, sufficient size and duration to offer rea­ two-carrier routing has advantage over travel expenses, reproduction costs, con­ sonable likelihood for cost reduction. holding for single carrier, use the two- struction time duties or the like. The Normally, however, this likelihood will carrier dispatch. limitation also permits no cost exclu­ not be present in contracts for archi­ ***** sions for changes to an A-E contract ex­ tect-engineering. Value engineering in­ cept when the A-E services are in con­ centives contract provisions provide for No te: The corresponding Postal Manual nection with additional facilities to be the contractor to share in cost reductions section is 531.54. added to the project, and in this event that ensue from change proposals he (5 U.S.C. 301, 39 U.S.C. 501) the cost of the A-E services is limited to submits. _ , 6 percent of the estimated cost of con­ (b) Processing v a l ue engineering T imothy J. May, change proposals. In order to realize the General Counsel. struction of the additional facilities. This cost reduction potential of value engi­ May 3, 1967. limitation applies to fixed-price con­ neering, it is imperative that value engi­ [F.R. Doc. 67-5100; Piled, May 5, 1967; tracts as well as cost-plus-a-fixed-fee neering change proposals be processed 8:48 am.] contracts. as expeditiously as possible.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 RULES AND REGULATIONS 6975 § 11—1.5202 Value engineering incen­ sharing is permissible in connection with (1) Would result in less costly items than tives. the first step, a single percentage shall those specified herein without impairing any of their essential functions and charac­ § 11—1.5202—1 Description. be stipulated in the invitation for bids that is issued at the beginning of the teristics such as service life, reliability, econ­ Many types of contracts, when prop­ omy of operation, ease of maintenance, and second step. In the case of firm fixed- necessary standardized features, and erly used, provide the contractor with price contracts, the contractor’s share in an incentive to control and reduce costs (2) Would require, in order to be applied any cost reduction normally should be to this contract, a change order to this con­ while performing in accordance with 50 percent and in no event greater than specifications and other contract re­ tract. 75 percent. However, if such contracts (b) Cost reduction proposals as defined quirements. However, the practice of re­ are not awarded on the basis of adequate herein will be processed expeditiously and ducing the contract price (or fee, in the price competition, a contractor’s share of in the same manner as prescribed for any case of cost-reimbursement type con­ less than 50 percent may be appropriate. other proposal which would likewise neces­ tract) under the “Changes” clause tends (d) Since the value engineering in­ sitate issuance of a contract change order. to discourage contractors from submit­ centive clause does not require the con­ As a minimum, the following information ting cost reduction proposals requiring will be submitted by the contractor with tractor to perform value engineering, it each proposal: a change to the specifications or other is intended that the inclusion of the contract requirements even though such value engineering incentive clause in it­ (1) A description of the difference be­ proposals could be beneficial to the Gov­ tween the existing contract requirement and self will not increase costs to the Gov­ the proposed change, and the comparative ernment. Therefore, the objective of a ernment beyond those considered rea­ value engineering incentive provision is advantages and disadvantages of each; sonable for the conduct of the contrac­ (2) An itemization of the requirements of to encourage the contractor to develop tor’s business or the performance of the the contract which must be changed if the and submit to the Government cost re­ contract. Where cost analysis is required, proposal is adopted and a recommendation duction proposals which involve changes cost allowability will be determined in as to how to make each such change (e g., in the contract specifications, purchase accordance with normal application of suggested revision); description or statement of work. Such the principles and the procedures pro­ (3) An estimate of the reduction in per­ changes may include the elimination or vided in Part 1-15 of this title. Accord­ formance costs that will result from adop­ modification of any requirements found ingly, where a contractor already has a tion of the proposal taking into account the to be in excess of actual needs regarding costs of implementation by the contractor, value engineering program, the Gov­ and the basis for the estimate; for example, design, components, mate­ ernment will bear a reasonable and allo­ rials, material processes, tolerances, (4) A prediction of any effects the pro­ cable share of the cost of this program, posed change would have on other costs to packaging requirements, or testing pro­ but inordinate value engineering cost in­ the Government, such as Government-fur­ cedures and requirements. If the Gov­ creases incurred solely because of inclu­ nished property costs, costs of related items, ernment accepts a cost reduction pro­ sion of the clause shall not be allowed. and costs of maintenance and operation; posal through issuance of a change order, Similarly, where a contractor does not (5) A statement of the time by which a the value engineering incentive provision have a value engineering program in change order adopting the proposal must be provides for the Government and the existence, proper allocable costs of in­ issued so as to obtain the maximum cost re­ contractor to share the resulting cost stituting a reasonable value engineering duction during the remainder of the con­ reduction in the proportion stipulated program are allowable. tract, noting any effect on maintaining the in the value engineering incentive contract delivery schedule; and provision. § 11—1.5203 Data and technical infor­ (6) The dates of any previous submis­ mation. sions of the proposal, the numbers of any §11—1.5202—2 Application. Government contracts under which submit­ A “Data” clause (see ASPR 32 CFR ted, and the previous actions by the Govern­ (a) Except as limited by % 11-1.5202-3 Part 9-203) shall be included in all con­ ment, if known. below, a value engineering incentive pro­ tracts containing value engineering pro­ (c) The Government shall not be liable for vision shall be included in all advertised visions, except in the case of overseas any delays in acting upon, or for any failure and negotiated procurements in excess contracts, in which case the “Technical to act upon, any proposal submitted pursuant of $100,000 unless the Chief, Supply Eh vi­ to this clause. The decision of the contracting Information” clause (see ASPR 32 CFR officer as to the acceptance of any such pro­ sion or the cognizant comptroller or Part 9-206) shall be included. Where a commanding officer, as applicable, has posal under this contract shall be final and “Data” clause is included in a contract shall not be subject to the “Disputes” clause determined that value engineering offers solely because of a value engineering of this contract. Unless and until a change no potential for cost reduction, as, for provision, the following should be in­ order applies such a proposal to this contract, example, where a particular contract or serted immediately after the caption of the contractor shall remain obligated to per­ class of contracts is of insufficient dura­ the clause: “This clause applies only to form in accordance with its existing terms. tion to allow value engineering proposals data submitted to the Government in The contracting officer may accept in whole to be processed, or where the item or connection with a cost reduction pro­ or in part any cost reduction proposal sub­ class of items being procured is a com­ mitted pursuant to this clause by issuing a posal under the provisions of this con­ change order which will identify the co6t mercial product whose design and cost tract regarding value engineering.” reduction proposal on which It is based. are controlled by the commercial market. (d) If a cost reduction proposal submitted Value engineering incentive provisions §11—1.5204. Value engineering incen­ pursuant to this clause is accepted under this also may be included in contracts of less tive clause. contract, an equitable adjustment in the than $100,000 at the discretion of the If it is determined, in accordance with contract price and in any other affected pro­ contracting officer. § 11-1.5202 of this chapter, to Include visions of this contract shall be made in ac­ cordance with this clause and the “Changes” (b) The contract clause providing for a value engineering incentive provision clause of this contract. If the equitable ad­ value engineering incentives is Set forth in a contract, the clause set forth below justment involves a reduction in the contract m § 11-1.5204-1 of this chapter. shall be used. price, it shall be established by determining (c) The precise extent to which the § 11-1.5204-1 Value engineering in­ the amount of the total estimated decrease contractor should share in cost reduc­ centive clause for firm fixed-price in the contractor’s cost of performance re­ tions must be tailored to the particular contracts. sulting from the adoption of the cost reduc­ tion proposal, taking into account the cost Procurement. For advertised contracts, Value E ngineering I ncentive (August 1963) of implementing the change by the contrac­ the percentage of contractor sharing (a) This clause applies to cost reductiontor, and reducing the contract price by shall be stated in the “Value Engineering proposals initiated and developed by the con­ ------percent (------%)* of such decrease. Incentive” clause in the invitation for tractor for changing the drawings, designs, If the equitable adjustment involves an in­ bids. For negotiated contracts, the per­ specifications, or other requiremetns of this crease in the contract price, such increase centage of contractor sharing shall be contract. Thi6 clause does not, however, apply shall be established under the "Changes” stated in the solicitation, although this to any such proposal unless it is identified clause rather than under this paragraph (d ). Percentage may be a subject of negotia­ by the contractor at the time of its submis­ The resulting contract modification will state tion prior to award. In two-step formal sion to the contracting officer, as a proposal that it is made pursuant to this clause. advertising, although discussion of the submitted pursuant to this clause. The cost reduction proposals contemplated are those ♦Insert the appropriate percentage; i.e., the appropriate percentage of contractor that: contractor’s share ( 11-1.5202-2(c) ).

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6976 RULES AND REGULATIONS

(e) Cost reduction proposals submitted Sec. only parts of such articles are corrected or under the provisions of any other contract 11-7.150-13 Soviet-controlled areas. replaced, to such corrected or replacing parts, also may be submitted under this contract 11-7.150-14 Government-furnished prop­ untU 1 year after date of redelivery. If the for consideration pursuant to the terms of erty. Government does not require correction or this clause. 11-7.150-15 Military security requirements. replacement of a defective or nonconforming (f) The contractor may restrict the Gov­ 11-7.150-16 Brand name or equal. article, the contractor, if required by the ernment’s right to use any sheet of a value 11-7.150-17 Bights in technical and other contracting officer within a reasonable time engineering proposal or of the supporting data and copyrights. after the notice of defect or nonconform­ data, submitted pursuant to this clause, in 11-7.150-18 Alterations in contract. ance, shall repay such portion of the con­ tract price of the article as is equitable in accordance with the terms of the following Au thority : The provisions of this Sub- the circumstances. legend if it is marked on such sheet. part 11-7.1 issued under 14 U.S.C. 633, 10 This data furnished pursuant to the value U.S.C. 137. (b) When inspection and acceptance engineering incentive clause of contract tests will afford full protection to the ______shall not be disclosed outside § 11—7.100 Scope o f subpart. Government in ascertaining conform­ the Government, or be duplicated, used, or This subpart sets forth tlje contract disclosed, in whole or in part, for any purpose ance to specification and the absence of other than to evaluate a value engineering clauses for use in fixed-price supply con­ defects and deficiencies, no guaranty proposal submitted under said clause. This tracts in addition to those prescribed in provision for that purpose shall be in­ restriction does not limit the Government’s Subpart 1-7.1. cluded in the contract. In certain in­ right to use information contained in this § 11—7.150 Additional clauses. stances, the contracting officer may data if it is or has been obtained from desire to include a provision in a contract another source, or is otherwise available, Unless otherwise indicated by the for a guaranty period of more than 1 without limitation. If such a proposal is ac­ specific instructions for their use, the year. In such instances, where after full cepted by the Government by issuance of a clauses set forth or cited in this section change order under the “Changes” clause inquiry it has been determined that such of said contract after the use of this data in shall be included in fixed-price supply longer guaranty period will not involve such an evaluation, the Government shall contracts, awarded as a result of formal increased costs to the Coast Guard, the have the right to duplicate, use, and disclose advertising, for delivery within the longer guaranty period may be substi­ any data pertinent to the proposal as ac­ United States, its possessions, or Puerto tuted for the 1 year specified in the cepted, in any manner and for any purpose Rico. Additional clauses may be used guaranty clause. Where the full inquiry whatsoever, and have other so do. After the which are considered by each procuring discloses that such longer guaranty pe­ issuance of a change order accepting a value activity to be essential to its operations, riod will involve, or is reasonably ex­ engineering proposal, but not prior thereto, and which are not inconsistent with or such proposal and the supporting data shall, pected to involve, increased costs to the for the sole purpose of supplementing the in limitation of clauses set forth in this Coast Guard, such fact, and the. reason rights granted to the Government under this Subpart 11-7.1, or Subpart 1-7.1 of this for the need of such longer period shall paragraph, be considered “Subject Data” title. Clauses used in Coast Guard form­ be set forth in letter form to the chief within the meaning of the “Data” clause of ally advertised fixed-price supply con­ officer responsible for procurement, re­ this contract. tracts are contained in SF-32 and Addi­ questing approval for use of a guaranty tional General Provisions—Supply Con­ period in excess of 1 year. If the contract is to include a “Technical tract (CG-2557A). Additional clauses Information” clause rather than a supplementing CG-2557A are to be used §11—7.150—2 Patent indemnity. “Data” clause, substitute “Technical in­ formation” for “Subject Data” and when deemed necessary by the procuring Insert the applicable clause set forth “Technical Information” for “Data” in activity. Unless inappropriate, clauses set in 32 CFR 9.103 (ASPR) under the con­ the last sentence of the clause above. forth in this Subpart 11-7.1 should be ditions and in the manner prescribed See ASPR 32 CFR Part 2. used in negotiated fixed-price supply therein. contracts, and contracts for foreign de­ § 11—7.150—3 D e liv e r y terms— f.o.b. Dated: May 1,1967. livery. destination. P. E. T rimble, § 11—7.150—1 Guaranty. Insert the clause set forth in § 1-19.306. Vice Admiral, U.S. Coast Guard, (a) The clause set forth below is ap­ Acting Commandant. § 11-7.150-4 Delivery terms— f.o.b. proved for use in fixed-price supply con­ origin. [F.R. Doc. 67-5114; Filed, May 5, 1967; tracts where general guaranty provisions 8:49 am.] are deemed desirable by the contract­ Insert the clause set forth in § 1-19.302. ing officer (for modifications see para­ § 11—7.150—5 Authorization and con­ graph (b) of this section). The approval sent. [OGFB 67-8] of such provisions shall not be construed Insert the clause set forth in 32 CFR PART 11-7— CONTRACT CLAUSES as prohibiting the use of performance guaranty or other special guaranty 9.102-1 (ASPR) when applicable under Subpart 11—7.1— FixedrPrice Supply the conditions and in the manner pre­ provisions. scribed therein. Contracts G uaranty § 11—7.150—6 Gratuities. Pursuant to authority vested in me as Notwithstanding the provisions of the clause entitled “Inspections,” as set forth in Insert the clause set forth in 32 CFR Commandant, U.S. Coast Guard, by 49 this contract or in “41 CFR 1-7. 101—5,” the 7.104- 16 (ASPR) when applicable under CFR 1.4: contractor guarantees that at the time of the conditions and in the manner pre­ Subpart 11-7.1 is revised to read as delivery thereof the articles provided for under this contract will be free from any scribed therein. follows: defects in material or workmanship and will §11-7.150-7 Marking of shipments. sec. conform to the requirements of this con­ 11-7.100 Scope of subpart. tract. Notice of any such defect or non­ When appropriate, the following clause 11-7.150 Additional clauses. conformance shall be given by the Govern­ may be included in supply contracts: 11-7.150-1 Guaranty. ment to the contractor within 1 year of the M arking or Sh ipm en t s 11-7.150-2 Patent indemnity. delivery of the defective or nonconforming The contractor shall mark all shipments 11-7.150-3 Delivery terms—f.o.b. desti­ article. If required by the Government within under this contract in accordance with the nation. a reasonable time after such notice, the current edition of “Military Standard Mark­ 11-7.150-4 Delivery terms—f.o.b. origin. contractor shall with all possible speed cor­ ing Shipments MIL-STD-129," issued by the 11-7.150-5 Authorization and consent. rect or replace the defective or nonconform­ Department of Defense. The applicable lot 11-7.150-6 Gratuities. ing article or part thereof. When such cor­ or item number, or both, shall be included in 11-7.150-7 Marking of shipment. rection or replacement requires transporta­ tion of the article or part thereof, shipping the marking prescribed for each shipment in 11-7.150-8 Notice of shipments. addition to the contract number. 11-7.150-9 Notices and interprétations. costs, not exceeding usual charges, from the 11-7.150-10 Priorities, allocations and allot­ delivery point to the contractor’s plant and § 11—7.150-8 Notice of shipments. ments. return, shall be borne by the contractor; Insert the clause set forth in 32 CFR 11-7.150-11 Royalty Information. the Government shall bear all other ship­ 11-7.150-12 Notice to the Government of ping costs. This guaranty shall then continue 7.105- 4 (ASPR) when advance notice of labor disputes. as to corrected or replacing articles or, if shipments from the contractor is desired.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 RULES AND REGULATIONS 6977

§ 11—7.150—9 N otices and interpreta­ conditions and in the manner prescribed §11—7.150—16 Brand name or equal. tions. therein. Insert the clause set forth in § 1- N otices and I nterpretations 1.307-6 under the conditions and in the (a) No notice, order, directive, determina­ § 11—7.150—12 Notice to the Govern­ manner prescribed therein. tion, requirement, or interpretation of any ment of labor disputes. provision of the Invitation for Bids or re­ § 11—7.150—17 Rights in technical and sulting contract, including applicable speci­ Insert the clause set forth in 32 CFR other data and copyrights. fications, shall have any effect or validity 7.104- 4 (ASPR) in all contracts involv­ In accordance with the policies and unless furnished in writing to the bidder or ing the furnishing or production of any procedures set forth in 32 CFR, Part 9.2 contractor by the Contracting Officer. items which are or may be urgently re­ (ASPR), insert the contract clause cover­ (b) After the contract has been awarded, Government representatives have authority quired for operational readiness of the ing Rights in Technical and other Data to approve or order changes in work only Coast Guard. and Copyrights prescribed therein. when such authority has been specifically § 11—7.150—18 Alterations in contract. set forth in writing by the Contracting § 11—7.150—13 Soviet-controlled areas. Officer. Alterations in contract provisions may (c) Notwithstanding the provisions of Insert the clause set forth in, § 11— be made only in accordance with the paragraph (b) above, all changes or modifi­ 6.5003 when applicable under the condi­ provisions of § 1-1.009 of this title and cations to this contract which result in a tions and in the manner prescribed § 11-1.009-2 of this chapter. When al­ change in unit price, total contract price, therein. terations are necessary, they shall be set quantity, quality, or delivery schedule must forth either in the Schedule or on an be specifically authorized in writing by the § 11—7.150—14 Government-furnished attachment sheet, preceded by the fol­ Contracting Officer. property. lowing clause: § 11—7.150—10 P riorities, allocations, Insert the clause set forth in 32 CFR, Alterations in Contract and allotments. Part 13 (ASPR) under the conditions The following alterations have been made in the provisions of this contract. In accordance with the requirements and in the manner prescribed therein. Dated: April 28,1967. of § 11-1.311, insert the clause prescribed §11—7.150—15 Military security require­ therein. ments. W. J. Smith, § 11—7.150—11 Royalty information. Admiral, U.S. Coast Guard, Insert the clause set forth in 32 CFR Commandant. Insert the clause set forth in 32 CFR 7.104- 12 (ASPR) under the conditions [F.R. Doc. 67-5115; FUed, May 5, 1967; 9.110 (ASPR) when applicable under the and in the manner prescribed therein. 8:49 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 88—SATURDAY, MAY A 1967 6978 Proposed Rule Making

ing was held at Paducah, Ky., on Feb­ association said that such a rate of take­ DEPARTMENT OF JUSTICE ruary 17,1967, pursuant to notice thereof out would provide a satisfactory in­ issued on February 1,1967 (32 F.R. 2448), centive for evening production if applied Immigration and Naturalization and February 8,1967 (32 F.R. 2820). in conjunction with the seasonal changes Service Upon the basis of the evidence intro­ in Class I prices which have been effec­ tive in the order. The association re­ [ 8 CFR Part 204 1 duced at the hearing and the record thereof, the Deputy Administrator, Reg­ quested, however, that if seasonal IMPLEMENTATION OF FREEDOM OF ulatory Programs, on April 27, 1967 (32 changes in Class I differentials were re­ INFORMATION ACT F.R. 6647; F.R. Doc. 67-4868), filed with moved as a result of the hearing held in the Hearing Clerk, U.S. Department of Kansas City January 26 and February Notice of Proposed Rule Making Agriculture, his recommended decision 13 (pursuant to notices issued on Jan­ Correction containing notice of opportunity to file uary 16 and February 3, 1967, 32 F.R. written exceptions thereto. 613 and 32 F.R. 2573), the take-out in In F.R. Doc. 67-4674, appearing at page The material issues on the record of April through July should be 50 cents 6781 of the issue for Wednesday, May 3, the hearing related to": per hundredweight. 1967, the following corrections are made Official notice is taken of a decision in § 204.2(d) (8): 1. The price for Class I milk. 2. Seasonal production incentive plan. issued April 25, 1967, based on regional 1. The fourth sentence should read: This decision deals with only issue No. hearings held during the period of April “When the petitioner, the beneficiary, or 2, the seasonal production incentive plan. 11-15, in which it was decided that a other family members are outside the Issue No. 1, Class I prices, will be dealt single Class I differential should apply United States, a visa petition may be with in a further decision on this record. in each of the markets which now have approved on condition that the results of Findings and conclusions. The follow­ seasonally varying differentials. The ef­ any requested blood tests will show that ing findings and conclusions on the ma­ fect upon the Paducah order is through the existence of the claimed relationship terial issues are based on evidence pre­ its Class I price provision which estab­ is not precluded.”. sented at the hearing and the record lishes the Paducah Class I price at 15 2. In the sixth sentence, the words thereof : cents over the St. Louis Class I price. “claimed relationship” should read 2. Seasonal production incentive plan. Under these circumstances the coopera­ “claimed blood relationship”. The “Louisville” plan of seasonal adjust­ tive association desired that the 50-cent ment should be modified to set aside 50 rate of take-out apply. cents (instead of 20 cents) per hundred­ The problem that the Louisville plan weight of producer milk during each of is intended to correct is the seasonal DEPARTMENT OF THE INTERIOR the months of April through July, for changes in production which aggravate payment to producers during the fol­ the problem of handling reserve milk in National Park Service some periods and the problem of pro­ lowing months of October through viding an adequate supply in other pe­ [ 36 CFR Parts 30, 251 1 January. A Louisville plan for seasonal adjust­ riods. Spring milk production per farm WHISKEYTOWN-SHASTA-TRINITY tends to be higher than fall production. ment of payments to producers was Production per farm in the spring-sum­ NATIONAL RECREATION AREA adopted in this order effective May 1, 1966. The purpose of the plan is to pro­ mer months (April-July) in 1961 was 132 Proposed Zoning Standards vide incentive for producers to achieve percent of the subsequent fall-winter more even production through the year. months (October-January). This rela­ Cross R eference: For a document tionship of spring to fall production has issued jointly by the Department of the The order provides for retaining in the steadily narrowed so that in 1966 pro­ Interior and the Department of Agricul­ producer-settlement fund 20 cents for duction in April-July was 103 percent of ture relating to proposed zoning stand­ each hundredweight of producer milk subsequent October-January production.1 ards for the Whiskeytown-Shasta-Trin- delivered during the months of April Part of this narrowing of difference ity National Recreation Area, see F.R. through July. This money is distributed between spring and subsequent fall pro­ Doc. 67-5072, Agriculture Department, to producers during the following ¡months of October through January. duction reflects the long-term upward Forest Service, infra. During each of the months of October, trend in milk production per farm for November, and December, 1966, and Jan­ this market. Production per farm aver­ uary 1967, the amount paid back under aged 840 pounds daily in 1966 compared DEPARTMENT OF AGRICULTURE the plan was approximately 21 cents per to 556 pounds daily in 1961. hundredweight. This amount was in­ On the other hand, spring production Consumer and Marketing Service per farm in this market tends to be cluded in the uniform price for these substantially higher than in the prior months. [ 7 CFR Part 1099 1 fall months, again reflecting the upward The proponent cooperative association trend in production. Thus, the April- [Docket No. AO 183-A19] claimed that the various amendments which in recent years have reduced the July production in 1966 was about 115 MILK IN PADUCAH, KY., seasonality of Class I prices have in­ nnrponf. rvf t.ViA rvHnr OP,tol)Gr—J BJUIEIT MARKETING AREA creased the need for other means of pro­ The association believes that further Decision on Proposed Amendments viding seasonal changes in producer re­ inducement for leveling production is turns. The associations favored a sea­ to Tentative Marketing Agree­ sonal range in producer prices of at needed. Within the context of a contin­ ment and to Order uation of the upward trend of production least $1 per hundredweight between per farm, the leveling of production Pursuant to the provisions of the spring take-out months and fall pay­ could be attained if more of the annual Agricultural Marketing Agreement Act back months. increase occurred in fall, and winter of 1937, as amended (7 U.S.C. 601 et seq.), For this purpose the association re­ and the applicable rules of practice and quested that at least 40 cents per hun­ procedine governing the formulation of dredweight be retained in the months of 1 Official notice is taken of data published marketing agreements and marketing April through July for payment in the by the market administrator from the pe­ orders (7 CFR Part 900), a public hear­ following October-January period. The riod 1961 through 1963.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 PROPOSED RULE MAKING 6979

months rather than in spring months. prices specified in the proposed market­ flict with the findings and determina­ The plan proposed by the association ing agreement and the order as hereby tions set forth herein. appears appropriately designed for this proposed to be amended, are such prices (a) Findings upon the basis of the purpose. as will reflect the aforesaid factors, in­ hearing record. Pursuant to the provi­ The takeout-payback plan of distrib­ sure a sufficient quantity of pure and sions of the Agricultural Marketing uting returns to producers does not wholesome milk, and be in the public Agreement Act of 1937, as amended (7 affect handlers’ costs or change the total interest; and U.S.C. 601 et seq.), and the applicable amount of money received by producers (c) The tentative marketing agree­rules of practice and procedure govern­ for a year’s milk production. The plan ment and the order as hereby proposed ing the formulation of marketing agree­ does change the time of year at which to be amended, will regulate the handling ments and marketing orders (7 CFR producers receive certain portions of the of milk in the same manner as, and will Part 900), a public hearing was held money for their milk. In these circum­ be applicable only to persons in the re­ upon certain proposed amendments to stances, where producers desire that spective classes of industrial and com­ the tentative marketing agreement and their money be paid to them in this mercial activity specified in, a marketing to the order regulating the handling of fashion, it would be most likely that agreement upon which a hearing has milk in the Paducah, Ky., marketing producers would respond in accord with been held. area. Upon the basis of the evidence the purpose of attaining relatively even Rulings on exceptions. No exceptions introduced at such hearing and the rec­ production. Further, since it is well were filed. ord thereof, it is found that: understood among producers that the Marketing agreement and order. An­ ( 1 ) The said order as hereby amended, total amount of money they are paid for nexed hereto and made a part hereof are and all of the terms and conditions their milk is unchanged, the plan would two documents entitled, respectively, thereof, will tend to effectuate the de­ be expected to affect only seasonal pro­ “Marketing Agreement Regulating the clared policy of the Act; duction and not the average level of pro­ Handling of Milk in the Paducah, Ky., (2) The parity prices of milk, as de­ duction of milk for the entire year. Marketing Area” and “Order Amending termined pursuant to section 2 of the Since practically all producers supply­ the Order Regulating the Handling of Act, are not reasonable in view of the ing this market are members of a coop­ Milk in the Paducah, Ky., Marketing price of feeds, available supplies of feeds, erative association which is the pro­ Area,” which have been decided upon and other economic conditions which af­ ponent of the change in the seasonal as the detailed and appropriate means fect market supply and demand for milk pricing plan, it may be expected that the of effectuating the foregoing conclusions. v in the said marketing area, and the mini­ membership of association will be com­ It is hereby ordered, That all of this mum prices specified in the order as pletely informed as to the operation of decision, except the attached marketing hereby amended are such prices as will the plan. It is concluded that the 50- agreement, be published in the F ederal reflect the aforesaid factors, insure a cent rate of take-out proposed by the R egister. The regulatory provisions of sufficient quantity of pure and whole­ association is appropriate under the cir­ said marketing agreement are identical some milk, and be in the public interest; cumstances and is adopted. with those contained in the order as and hereby proposed to be amended by the It is desirable that the change in rate (3) The said order as hereby amended, attached order which will be published regulates the handling of milk in the of take-out be made effective as soon as with this decision. possible. same manner as, and is applicable only Determination of representative pe­ to persons in the respective classes of in­ Rulings on proposed findings and con­ riod. The month of February 1967 is clusions. Briefs and proposed findings dustrial or commercial activity specified hereby determined to be the representa­ in, a marketing agreement upon which a and conclusions were filed on behalf of tive period for the purpose of ascertain­ hearing has been held. certain interested parties. These briefs, ing whether the issuance of the attached proposed findings and conclusions, and order, as amended and as hereby pro­ Order R elative To Handling the evidence in the record were consid­ posed to be amended, regulating the han­ ered in making the findings and con­ It is therefore ordered, That on and dling of milk in the Paducah, Ky., mar­ after the effective date hereof, the han­ clusion set forth above. To the extent keting area, is approved or favored by that the suggested findings and conclu­ dling of milk in thePaduch, Ky., market­ producers, as defined under the terms ing area shall be in conformity to and sions filed by interested parties are in­ of the order, as amended and as hereby consistent with the findings and in compliance with the terms and condi­ proposed to be amended, and who, during tions of the aforesaid order, as amended conclusions set forth herein, the requests such representative period, were engaged to make such findings or to reach such and as hereby amended, as follows: in the production of milk for sale within In § 1099.71, paragraph (h) is revised conclusions are denied for the reasons the aforesaid marketing area. previously stated in this decision. to read as follows: General findings. The findings and Signed at Washington, D.C., on May 3, § 1099.71 Computation of the uniform determinations hereinafter set forth are 1967. price. supplementary and in addition to the J ohn A. S chnittker, ***** Under Secretary. findings and determinations previously (h) For each of the months of April, made in connection with the issuance of Order1 Amending the Order Regulating May, June, and July, subtract an amount the aforesaid order and of the previously The Handling of Milk in the Paducah, equal to 50 cents per hundredweight on issued amendments thereto; and all of Ky., Marketing Area. the total amount of producer milk in said previous findings and determina­ § 1099.0 Findings and determinations. these computations, which amount is to tions are hereby ratified and affirmed, be retained in the producer-settlement except insofar as such findings and The findings and determinations here­ fund and disbursed according to the pro­ determinations may be in conflict with inafter set forth are supplementary and vision of paragraph (i) of this section; the findings and determinations set in addition to the findings and deter­ forth herein. minations previously made in connection ***** [F.R. Doc. 67-5110; Filed, May 5, 1967;

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6980 PROPOSED RULE MAKING 460q-l(e>), providing for establishment and does not significantly impair, pub­ the zoning ordinances or amendments of the Whiskeytown-Shasta-Trinity Na­ lic recreation and conservation of scenic, thereto remain in effect as approved. tional Recreation Area, it is proposed to scientific, historic, or other values con­ (f) Nothing contained in the regula­ amend Title 36, Code of Federal Regula­ tributing to public enjoyment. tions in this part or in the zoning ordi­ tions, by the addition of Part 30 and (b) The Secretary may not acquire nances or amendments adopted for the §§ 251.40-r251.42 specifying standards without consent of the owner any pri­ Whiskeytown Unit to implement the reg­ and criteria with which local zoning ord­ vately owned “improved property” or ulations in this part shall preclude the inances for the Whiskeytown, Shasta, interests therein within the boundaries Secretary from exercising his power of and Clair Engle-Lewiston Units of the of the unit, so long as the appropriate condemnation at any time with respect to recreation area must comply in order to local zoning agency (Shasta County), property other than “improved prop­ meet the approval of the Secretary of shall have in force and applicable to such erty” as defined herein. Nor shall the Agriculture and the Secretary of the In­ property a duly adopted, valid, zoning regulations in this part preclude the Sec- x terior, who have the responsibility for ordinance that is approved by the Sec­ retary from otherwise fulfilling the re­ administering these units. retary. This suspension of the Secre­ sponsibilities vested in him by the act The Department of Agriculture and the tary’s authority to acquire “improved authorizing establishment of the Whis­ Department of the Interior in the joint property” without the owner’s consent key town-Shasta-Trinty National Recre­ issuance of these regulations wish to af­ would automatically cease: (1) If the ation Area, by the Act of August 25,1916 ford the public an opportunity to par­ property is made the subject of a vari­ (39 Stat. 535, 16 U.S.C. 3), as amended ticipate in the rule making process. Ac­ ance or exception to any applicable zon­ and supplemented, and such other stat­ cordingly, interested persons who wish ing ordiance that does riot conform to utory authorities relating to the National to offer comments, suggestions, or rec­ the applicable standards contained in Park System. ommendations with respect to the pro­ the regulations in this part; or (2) if § 30.2 General provisions. posed regulations in Part 30 may submit such property is put to any use which a written statement thereon to the Di­ does not conform to any applicable zon­ (a) Following issuance of the regula­ rector, National Park Service, Depart­ ing ordinance approved by the Secretary. tions in this part, Shasta County shall (c) “Improved property” as used in submit to the Secretary for his approval, ment of the Interior, Washington, D.C. all zoning ordinances and amendments 20240, or with respect to the proposed this section, means any building or group thereto duly adopted by the county which regulations in §§ 251.40-251.42 may sub­ of related buildings, the actual construc­ are in force and applicable to property mit a written statement thereon to the tion of which was begun before Febru­ within the Whiskeytown Unit and which Chief, Forest Service, Department of Ag­ ary 7, 1963, together with not more than demonstrate conformity with the Stand­ riculture, Washington, D.C. 20250, with­ three acres of land in the same owner­ ards contained in the regulations in this in 30 days after this notice is published ship on which the building or group of part. This shall include any ordinances in the F ederal R egister. buildings is situated, but the Secretary may exclude from such “improved prop­ and amendments in effect prior to the is-' D epartment of A griculture, erty” any shore or waters, together with suance of the regulations in this part J ohn A. Baker, which demonstrate such conformity and Assistant Secretary, Rural so much of the land adjoining such shore any that have been adopted specifically Development and Conservation. or waters, as he deems necessary for to implement the regulations in this part. public access thereto. (b) Any new uses, and the location, April 19,1967. (d) The regulations in this part design and scope of any new develop­ D epartment of the I nterior, specify the standards with which local ments, permitted under the regulations Clarence F. P autzke, zoning ordinances for the Whiskeytown in this part shall be harmonized with Deputy Assistant Secretary, Unit must conform if the “improved adjacent uses, developments and the nat­ Fish and Wildlife and Parks. property” within the boundaries of that ural features and shall be consistent with unit is to be exempt from acquisition by the current Master Plan proposed or May 2,1967. condemnation. The objectives of the reg­ adopted by the National Park Service for Part 30, reading as follows, is proposed ulations in this part are to: (1) Prohibit the Whiskeytown Unit, so as to minimize for addition to Chapter I, Title 36 CFR: new commercial or industrial uses other disruption of the natural scene and to than those which the Secretary considers further the public recreational purposes PART 30— WHISKEYTOWN-SHASTA- to be consistent with the purposes of the of the aforesaid establishment act for TRINITY NATIONAL RECREATION act establishing the national recreation this unit. AREA ZONING STANDARDS FOR area; (2) promote the protection and de­ (c) Zoning ordinances for the districts WHISKEYTOWN UNIT velopment of properties in keeping with hereinafter prescribed shall conform to the purposes of that act by means of the general and specific standards con­ Sec. use, acreage, frontage, setback, density, tained in the regulations in this part to 30.1 Introduction.. height, or other requirements; and (3) 30.2 General provisions. assure that use and development of the 30.3 Recreation District I. provide that the Secretary receive notice lands within the Whiskeytown Unit are 30.4 Recreation District II. of any variance granted under, or any consistent with the objectives of the Con­ 30.5 Variances, exceptions, and use permits. exception made to, the application of gress to protect and preserve the values the zoning ordinance approved by him. of the lands in such unit for public use Au th o r ity : The provisions of this Part 30 issued under subsection 2(e), 79 Stat. 1295, Following promulgation of the and enjoyment, as set out in the Act of 1297; sec. 3, 39 Stat. 535; 16 U.S.C. 460q-l(e) ; regulations in this part in final form, November 8, 1965 (79 Stat. 1295). Ex­ 16 U.S.C. 3. the Secretary is required to approve any cept as otherwise provided herein, no ad­ zoning ordinance or any amendment to ditional or increased commercial or in­ § 30.1 Introduction. an approved zoning ordinance submitted dustrial uses are permitted within these (a) Administration of the Whiskey­to him which conforms to the standards districts. Any existing nonconforming town Unit is required to be coordinated contained in the regulations in effect at commercial or industrial uses shall be with the other purposes of the Central the time of adoption of the ordinance or discontinued within 10 years from the Valley project and with the purposes of amendment. Within 60 days following date of this section. the recreation area as a whole so as to submission, the county will be notified § 30.3 Recreation District I. provide for: (1) Public outdoor recrea­ of the Secretary’s approval or disap­ tion benefits; (2) conservation of scenic, proval of the zoning ordinances or (a) Definition: This district shall com­ scientific, historic, and other values con­ amendments thereto. If more than 60 prise all those portions of the Whiskey­ tributing to public enjoyment; and (3) days is required the county will be noti­ town Unit of the Whiskeytown-Shasta- such management, utilization and dis­ fied of the expected delay and of the Trinity National Recreation Area deline­ posal of renewable natural resources as in additional time deemed necessary to ated as “Recreation District I” on a map the judgment of the Secretary of the In­ reach a decision. The Secretary’s ap­ bearing the identification NRA-WHI- terior will promote or is compatible with, proval shall remain effective so long as 1000, and dated August 1966.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 PROPOSED RULE MAKING 6981

(b) The following uses are permitted property on which a use its permitted. In provement, and measures to reduce fire in Recreation District I provided the all other circumstances, such removal or hazards. Shasta County Planning Commission has alteration shall be permitted only to the (v) Public or privately operated parks issued a use permit in each case: minimum extent necessary to make pos­ and playgrounds. (1) Single-family dwellings, not in­sible the exercise of a use otherwise per­ (vi) Trailer campgrounds. cluding tents and trailers, but includ­ mitted in this district. (vii) Golf courses. ing servants’ quarters in the same struc­ (10) Signs that are appurtenant to (viii) Heliports: Provided, they are lo­ ture or in an accessory dwelling, and one any permitted use and which (i) do not cated and screened so their operations noncommercial guest house. Such re­ exceed 1 square foot in area for any will cause a minimum of interference sidential uses shall meet the following residential use; (ii) do not exceed 4 with public recreational use and enjoy­ requirements: square feet in area for any other use, ment of the area. (1) Minimum building site area—3 including advertisement of the sale or (ix) Accessory structures, facilities, acres; but a lesser acreage may be rental of property; and (iii) which are and utilities as necessary to make pos­ utilized for this purpose if, on or before not illuminated by any neon or flashing sible the exercise of any use otherwise February 7,1963, the site was in separate device. Such signs may be placed only permitted. ownership and within a recorded sub­ on the property on which the advertised (c) Structures developed for the exer­ division. use occurs, or on the property which is cise of the additional uses listed under (ii) Maximum building height—35 advertised for sale or rental. Signs shall paragraph (b)(2) of this section shall feet. be subdued in appearance, harmonizing not exceed two stories in height (35 feet), (iii) Minimum frontage—150 feet. in design and color with the surround­ shall have a minimum principal use (iv) Minimum front yard setback—75 ings and shall not be attached to any area of 5 acres, and shall have a front feet. : tree or shrub. Nonconforming signs may yard setback of not less than 100 feet (v) Minimum side yard setback—50 continue such nonconformity until they from the nearest right-of-way line of a feet. are destroyed, moved, structurally altered road or street. However, a lesser area (vi) Minimum rear yard setback—25 or redesigned, but the period of such than 5 acres may be utilized for such feet. nonconformity may not exceed 2 years purposes if the property in question was (vii) Maximum percentage of lot from the date a zoning ordinance con­ in separate ownership on February 7, coverage permitted—10 percent. taining this limitation is adopted by 1963. (2) Moving, alteration, or improve­ Shasta County. (d) Any use not included above as a ment of existing residences or accessory (11) Accessory uses and temporary re­ permitted use shall be deemed a pro­ structures: Provided, There is compli­ movable structures appurtenant to any hibited use. Moreover, all land within the ance with the acreage, frontage, setback, permitted use. boundaries of the Whiskeytown Unit, ex­ density, height, and other requirements (c) Any use not included above as acept certain ‘^improved property” as de­ prescribed for residential uses under item permitted use shall be deemed a pro­ fined herein, will be acquired by the 1, above: And provided further, That hibited use. Moreover, all land within United States as rapidly as appropriated such moving, alteration, or improvement the boundaries of the Whiskeytown funds are made available therefor and does not alter the residential character Unit, except certain “improved prop­ before any development occurs thereon. of the premises. Any moving, alteration, erty” as defined herein, will be acquired Any property that is developed before or improvement of such structures that by the United States as rapidly as appro­ such acquisition takes place will be sub­ would result in a deviation from these priated funds are made available there­ ject to acquisition by the Secretary with­ prescribed limitations and requirements for and before any development occurs out consent of the owner. would subject the property to acquisition thereon. Any property that is developed without consent of the owner, unless the before such acquisition takes place will § 30.5 Variances, exceptions, and use Secretary has waived such limitations or be subject to acquisition by the Secre­ permits. requirements. tary without consent of the owner. (a) Zoning ordinances or amendments (3) Riding stables requiring only tem­ § 30.4 Recreation District II. thereto, for the zoning districts com­ porary removable physical structures prising the Whiskeytown Unit of the and facilities and which will serve only (a) Definition: This district shall Whiskeytown-Shasta-Trinity National visitors to the Whiskeytown Unit of the comprise all those portions of the Whis­ Recreation Area may provide for the recreation area. keytown Unit of the Whiskeytown- granting of variances and exceptions. (4) Campgrounds, o rg a n iza tio n a l Shasta-Trinity National Recreation (b) Zoning ordinances or amendments camps and picnic areas that require only Area delineated as “Recreation District thereto for each of the districts estab­ temporary removable physical structures II” on a map bearing the identification lished by the regulations in this part and facilities. NRA-WHI-1000, and dated August 1966. shall contain provisions advising appli­ (5) Limited agricultural uses such as (b) The following uses are permitted cants for variances and exceptions that, truck gardening, provided these uses do in Recreation District II: under section 2(f) of the Act of Novem­ not require the extensive cutting or clear­ (1) All uses permitted in Recreation ber 8, 1965, the authority of the Secre­ ing of wooded areas and are not other­ District I, subject to all the limitations, tary to acquire “improved property” wise destructive of natural or recrea­ conditions and requirements prescribed without the owner’s consent would be tional values. for such uses in that district. reinstated (1) if such property is made (6) Clearing and removal of trees, (2) The following additional uses are the subject of a variance or exception to shrubbery, and other vegetation to the permitted in Recreation District n , pro­ any applicable zoning ordinance that extent necessary in order to permit the vided the Shasta County Planning Com­ does not conform to any applicable exercise of a use otherwise allowed within mission has issued a use permit in each this district. standard contained in the regulations in case: this part; or (2) if such property is put (7) Recreational pursuits that require (i) Tree farming by the individual tree to any use which does not conform to only temporary removable physical facil­ selection method under a timber man­ any applicable zoning ordinance ap­ ities, such as horseshoe pitching, archery, agement plan that conforms to the Cali­ proved by the Secretary. croquet, tennis, softball, volley ball, and fornia Logging Code and is acceptable to (c) The Shasta County Planning Com­ similar outdoor game-type activities the Superintendent of the Whiskeytown mission, or private owners of “improved compatible with the recreational pur­ Unit. poses of the area. property” may consult the Secretary as (ii) Agricultural pursuits such as crop to whether the grant of any proposed (8) Religious and educational uses re­ farming, grazing, animal husbandry, variance or exception would terminate quiring no permanent structures or nurseries, and greenhouses. facilities. the suspension of his authority to acquire (iii) Temporary stands for retail sales the affected property without consent of (9) Removal of gravel, sand and rock of products produced on the premises. the owner, and may request the approval iteration of the landscape to (iv) Measures to promote conserva­ of a variance or exception by the Secre­ the minimum extent necessary for the tion of soil, water, and vegetation, in­ tary: Provided, The Secretary is notified construction of an access road to the cluding reforestation and tree stand im­ in writing at least 30 days in advance of

No. 08— 4 FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6982 PROPOSED RULE MAKING the hearing on the application for the applicable zoning ordinance that does adopted zoning ordinances and amend­ variance or exception. The Secretary not conform to the applicable standards ments thereto pertaining to the Shasta within 30 days after the receipt of a re­ contained in §§ 251.40-251.42; or (2) if and Clair Engle-Lewiston Units may be quest for approval of a variance or ex­ such property is put to any use which submitted by the County of origin to the ception, shall advise the owner or the does not conform to any applicable zon­ Secretary for written approval relative Commission whether or not the intended ing ordinance approved by the Secretary. to their conformance with the applicable use will subject the property to acquisi­ (c) “Improved property” as used in standards of §§ 251.40-251.42. Within 60 tion by condemnation. If more than 30 §§ 251.40-251.42, means any building or days following submission, the County days is required by the Secretary for group of related buildings, the actual will be notified of the Secretary’s ap­ such determination, he shall so notify construction of which was begun before proval or disapproval of the zoning ordi­ the owner or Commission, stating the February 7,1963, together with not more nances or amendments thereto. If more additional time required and the reasons than tèree acres of land in the same than 60 days are required, the County therefor. ownership on which the building or group will be notified of the expected delay (d) The Secretary shall be given writ­of buildings is situated, but the Secretary and of the additional time deemed neces­ ten notice of any variance granted under, may exclude from such “improved prop­ sary to reach a decision. The Secretary’s or exception made to the application of, erty” any shore or waters, together with approval shall remain effective so long a zoning ordinance or amendment there­ so much of the land adjoining such shore as the zoning ordinances or amendments of approved by him. The Secretary shall or waters, as he deems necessary for thereto remain in effect as approved. be provided a copy of every use permit, public access thereto. (2) Development plans pertaining to granted by the Shasta County Planning (d) Sections 251.40-251.42 specify the unimproved property within the Shasta Commission authorizing any use or de­ standards with which local zoning ordi­ and Clair Engle-Lewiston Units may be velopment of lands within the boundaries nances for the Shasta and Clair Engle- submitted by the owner to the Secre­ of the Whiskeytown Unit of the recrea­ Lewiston Units must conform if the “im­ tary for determination as to whether tion area. proved property” or unimproved prop­ they conform with approved zoning ordi­ erty proposed for development as au­ nances and whether the planned use and Sections 251.40, 251.41 and 251.42, thorized by the Act within the boundaries development would serve the Act. With­ reading as follows are proposed for addi­ of the units is to be exempt from ac­ in 30 days following submission of such tion to Part 251 of Chapter II, Title 36 quisition by condemnation. The objec­ plans the Secretary will approve or dis­ CFR: tives of §§ 251.40-251.42 are to: (1) Pro­ approve the plans or, if more than 30 PART 251— LAND USES hibit new commercial or industrial uses days are required, will notify the appli­ other than those which the Secretary cant of the expected delay and of the W h isk e y to w n —S hasta-T rin ity R ecreation considers to be consistent with the pur­ additional time deemed necessary. Area; Zo n in g Standards for Shasta and (b) Amendment of ordinances. Clair E ngle-Lew isto n Un it s poses of the act establishing the national recreation area; (2) promote the protec­ Amendments of approved ordinances Sec. tion and development of properties in may be furnished in advance of their 251.40 Introduction. 251.41 General provisions; procedures. keeping with the purposes of that Act by adoption to the Secretary for written de­ 251.42 Standards. means of use, acreage, setback, density, cision as to their conformance with ap­ height or other requirements; and (3) plicable standards of §§ 251.40-251.42. Au th o r ity : §§251.40-251.42 issued under provide that the Secretary receive notice (c) Variances or exceptions to appli­ sec. 2, 79 Stat. 1295, 16 U.S.C. 460q-l; 30 of any variance granted under, or any cation of ordinances. (1) The Secretary Stat. 35, 16 U.S.C. 551. exception made to, the application of the Shall be given written notice of any vari­ W hiskeytown—S hasta-T rinity R ecre­ zoning ordinance approved by him. ance granted under, or any exception ation Area; Zoning S tandards for (e) Following promulgation of §§ 251.- made to, the application of a zoning Shasta and Clair Engle-Lewiston 40-251.42 in final form, the Secretary is ordinance or amendment thereto ap­ U nits required to approve any zoning ordinance proved by him. § 251.40 Introduction. or any amendment to an approved zon­ (2) The County, or private owners of improved property, may submit to the (a) Administration of the Shasta and ing ordinance submitted to him which conforms to the standards éontained in Secretary proposed variances or excep­ Clair Engle-Lewiston Units will be co­ tions to the application of an approved ordinated with the other purposes of the the regulations in effect at the time of adoption of the ordinance or amendment. zoning ordinance or amendment thereto Central Valley Project of the Bureau of for written advice as to whether the in­ Reclamation and of the recreation area (f) Any owner of unimproved prop­ erty who proposes to develop his property tended use will make the property sub­ as a whole so as to provide for: (1) Pub­ ject to acquisition without the owner’s lic outdoor recreation benefits; (2) con­ for service to the public may submit to the Secretary a development plan set­ consent. Within 30 days following his servation of scenic, scientific, historic, receipt of such a request, the Secretary and other values contributing to public ting forth the manner in which and the time by which the property is to be de­ will advise the interested party or parties enjoyment; and (3) the management, as to his determination. If more than 30 utilization and disposal of renewable veloped and the use to which it is pro­ posed to be put. If the Secretary de­ days are required by the Secretary for natural resources which in the judgment such determination, he shall so notify of the Secretary of Agriculture will pro­ termines that the development and the use of the property conforms to approved the interested party or parties stating the mote or is compatible with, and does not additional time required and the reasons significantly impair, public recreation zoning ordinances, and serves the pur­ poses of the National Recreation Area therefore. and conservation of scenic, scientific, (d) Certification of property. Where historic, or other values contributing to and that the property is not needed for easements and rights-of-way for access, improvements and land use of improved public enjoyment. . property conform with approved ordi­ (b) The Secretary may not acquire utilities, or facilities, or for administra­ tion sites, campgrounds, or other areas nances, or with approved variances from without consent of the owner any pri­ such ordinances, certification that the vately owned “improved property” or needed for use by the United States for visitors, he may in his discretion issue Secretary’s authority to acquire the interests therein within the boundaries property without the owner’s consent is of these units, so long as the appropriate to such owner a certification that so long as the property is developed, maintained, suspended may be obtained by any party local zoning agency shall have in force in interest upon request to the Secretary. and applicable to such property a duly and used in conformity with approved zoning ordinances the Secretary’s au­ Where the development and use of un­ adopted, valid, zoning ordinance that is improved property for service to the pub­ approved by the Secretary. This suspen­ thority to acquire the property without the owner’s consent is suspended. lic is approved by the Secretary, certifi­ sion of the Secretary’s authority to ac­ cation that the authority to acquire the quire" “improved property” without the § 251.41 General provisions; proce­ property without the owner’s consent is owner’s consent would automatically dures. suspended may be issued to the owner. cease: (1) If the property is made the (a) Approval of zoning ordinances (e) Effect of noncompliance. Suspen­ subject of a variance or exception to any and development plans. (1) All validly- sion of the Secretary’s authority to ac-

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 PROPOSED RULE MAKING 6983 quire any improved property without the (1) Prohibition of new structural im­ would otherwise be limited to a road owner’s consent will automatically cease provements or visible utility lines within constructed by the United States pri­ if (1) such property is made the subject a strip of land extending back not less marily to service publicly owned recrea­ of variance or exception to any applica­ than 150 feet from both sides of the cen­ tion developments; (b) limitation of ble zoning ordinance that does not con­ terline of any public road or roadway ex­ residences to single-family units situated form to the applicable standard in the cept roads within subdivisions or com­ at a density not exceeding two per acre; Secretary’s regulation, (2) such property mercial areas. In addition to buildings, (c) use of setbacks, limitations to nat­ is put to a use which does not conform this prohibition pertains to above-ground ural terrain, neutral exterior colors, non­ to any applicable zoning ordinance, or, power and telephone lines, borrow pits, glare roofing materials, and limitations as to property approved by the Secretary gravel or earth extraction areas, and of building heights fully adequate to for development, a use which does not quarries. harmonize housing development with the conform to the approved development (2) Retention of trees and shrubs in objective of the National Recreation plan or (3) the local zoning agency does the above-prescribed roadside strips to Area as set forth in the act. not have in force a duly adopted, valid, the full extent that is compatible with (3) Signs and signing. Only those zoning ordinance that is approved by the needs for public saftey and road main­ signs may be permitted which (1) do not Secretary in accordance with the stand­ tenance. Wholesale clearing by chemical exceed 1 square foot in area for any ards of §§ 251.40-251.42. or other means for fire control and other residential use; (ii) do not exceed 40 (f) Nonconforming commercial or in­purposes will not be practiced under this square feet in area, 8 feet in length, and dustrial uses. Any existing commercial or standard. fifteen feet maximum height from industrial uses not in conformance with (d) Protection of shorelines: Provi­ ground for any other use, including ad­ approved zoning ordinances shall be dis­ sions to protect scenic qualities and re­ vertisement of the sale or rental of prop­ continued within 10 years from the date duce potentials for pollution of public erty; and (iii) which are not illuminated such ordinances are approved. reservoirs will include: Prohibition of by any neon or flashing device. Com­ structures within 300 feet horizontal dis­ § 251.42 Standards. mercial signs may be placed only on the tance from highwater lines of reservoirs property on which the advertised use (a) The standards set forth in §§ 251- other than structures the purpose of occurs, or on the property which is ad­ 40-251.42 shall apply to the Shasta and which is to service and accommodate vertised for sale or rental. Signs shall Clair Engle-Lewiston Units, which are boating or to facilitate picnicking and be subdued in appearance, harmonizing defined by the boundary descriptions in swimming: Provided, That exceptions to in design and color with the surround­ the notice of the Secretary of Agriculture thisstandard may be made upon showing ings and shall not be attached to any of July 12, 1966 (31 F.R. 9469), and to a satisfactory to the Secretary that pro­ tree or shrub. Nonconforming signs may strip of land outside the National Rec­ posed structures will not conflict with continue for a period not to exceed 2 reation Area on either side of Federal scenic and anti-pollution considerations. years from the date a zoning ordinance Aid Secondary Highway Numbered 1089, (e) Property development: Location containing these limitations is adopted. as more fully described in 2(a) of the act and development of structures will con­ establishing the recreation area (79 Stat. form with the following minimum stand­ [F.R. Doc. 67-5072; Filed, May 5, 1967; 1296). ards: 8:45 a.m.] (b) New industrial or commercial (1) Commercial development, (i) uses: new industrial or commercial uses Stores, restaurants, garages, service sta­ will be prohibited in any location except tions and comparable business enter­ under the following conditions: prises will be situated in centers zoned DEPARTMENT OF (1) The industrial use is such that its for this purpose unless they are operated operation, physical structures, or waste as part of a resort or hotel. Commercial TRANSPORTATION centers will be of sufficient size that ex­ byproducts would not have significant Federal Aviation Administration adverse impacts on surrounding or near­ pansion of facilities or service areas is by outdoor recreation, scenic and esthet­ not dependent upon use of public land. [ 14 CFR Part 39 ] ic values. Industrial uses having an ad­ (ii) Sites outside designated commer­ verse impact include, but are not limited cial centers will be used for resort de­ [Docket No. 67-EA-40] to, cement production, gravel extraction velopment contingent upon case by case AIRWORTHINESS DIRECTIVES operations involving more than one- concurrence of the responsible County fourth acre of surface, smelters, sand, officials and the Secretary that such use Fairchild Hiller Model F-27 Series gravel and aggregate processing plants, is, in all aspects, compatible with the Airplanes fabricating plants, pulpmills, and com­ purposes for establishing the recreation mercial livestock feeder yards. area. The Federal Aviation Administration is (iii) Structures for commercial pur­ considering amending Part 39 of the Fed­ (2) (i) The commercial use is for pur­ poses, inclusive of isolated resorts or eral Aviation Regulations by adding an poses of providing food, lodging, auto­ motels, will not exceed two stories height amendment applicable to Fairchild motive or marine maintenance facilities at front elevation, and will be conven­ Series F-27J and FH-227 airplanes. In and services to accommodate recreation­ tional architecture and will utilize Fairchild aircraft equipped with Solar ists and the intended land occupancy and colors, nonglare roofing materials, and Auxiliary Power Unit Model T62T-25 Physical structures are such that they spacing or layout that harmonizes with there is a possibility of damage to or can be harmonized with adjacent land forested settings. Except for signs, failure of the engine-driven generators development and surrounding appear­ structures designed primarily for pur­ resulting from an unregulated unloaded ances in accordance with approved plans poses of calling attention to products or condition when the APU generator is and schedules. service will not be permitted. switched on the line. The proposed (ii) This standard provides for pri­ (2) Residential development, (i) Lo­ amendment requires rewiring of the vately owned and operated businesses cations approved for residential develop­ engine-driven generators control sensing whose purposes and physical structures ment will be buffered by distance, circuit. are in keeping with objectives for use •topography, or forest cover from existing and maintenance of the area’s outdoor Interested persons are invited to par­ or planned public use areas such as ticipate in the making of the proposed recreation resources. It precludes estab­ trailer parks, campgrounds, or organi­ lishment of drive-in theaters, zoos, and rule by submitting such written data, zation sites. Separation will be suffi­ views, or arguments as they may desire. similar nonconforming types of commer­ cient to avoid conflicts resulting from cial entertainment. Communications should identify the intervisibility, noise, and proximity that docket number and be submitted in (c) Protection of roadsides: Provisions is conducive to private property trespass. w Protect natural scenic qualities and duplicate to the Federal Aviation Admin­ (ii) Requirements for approval of istration, Office of the Regional Counsel, maintain screening along public travel residential areas will include: (a) Con­ routes will include: Eastern Region, John F. Kennedy Inter­ struction of access when main access national Airport, Jamaica, N.Y. 11430.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6984 PROPOSED RULE MAKING

All communications received within 30 ing the following new airworthiness 1966, for F-27J aircraft and Fairchild Hiller days after publication in the F ederal riirppfiVP• FH—227 Service Bulletin 30-1 dated August 23 R egister will be considered before taking t * 1966, for FH227 aircraft, or later revision F airchild. Applies to Model F-27J Airplanes, approved by the Chief, Engineering and Man- action upon the proposed rule. The pro­ Serial Numbers 111, and 113 through 121, ufacturing Branch, FAA Eastern Region, or posals contained in this notice may be Inclusive, and FH-227 Series Airplanes, perform an equivalent rewiring modification, changed in the light of comments re­ Serial Numbers 501 through 520, indu- approved by the Chief, Engineering and ceived. All comments will be available, sive, Incorporating Solar Auxiliary Power Manufacturing Branch, FAA Eastern Region, both before and after the closing date for Unit, Model T62T-'25. (b) Upon request with substantiating comments, in the Office of Regional Compliance required within the next 400 data submitted through an FAA maintenance Counsel for examination by interested hours’ time in service after the effective date inspector, an increase in the compliance persons. of this AD, unless already accomplished. time may be approved by the Chief, Engi- This amendment is proposed under the To prevent electrical damage to the A.C. peering and Manufacturing Branch, FAA authority of sections 313(a), 601, and engine-driven generator resulting from an tastern Region. unregulated and unloaded condition when Issued in Jamaica, N.Y., on April 20 603 of the Federal Aviation Act of 1958 the APU-driven generator (A.C.) is switched i % 7 ’ (49 U.S.C. 1354(a), 1421, 1423). on the line, accomplish the following: * OSCAR B akke (a) Rewire the engine-driven A.C. genera- Rpaional Dirprtnr In consideration of the foregoing, it is tor control sensing circuit in accordance y ¿nreczor. proposed to amend § 39.13 of Part 39 of with Fairchild Hiller F-27 Service Bulletin [FR. Doc. 67-5092; Filed, May 5, 1967; the Federal Aviation Regulations by add­ 30-12, Revision No. 1, dated September 15, 8:47 a.m.]

FEDERAL REGISTER, VO L 32, NO. 88— SATURDAY, MAY 6, 1967 6985

Notices

This statement Is made as of April DEPARTMENT OF THE INTERIOR 17, 1967. DEPARTMENT OF AGRICULTURE Office of the Secretary Dated: April 24,1967. Commodity Credit Corporation MARK V. BURLINGAME J oe T. In n is. SALES OF CERTAIN COMMODITIES [PR. Doc. 67-5075; Filed, May 5, 1967; Statement of Changes in Financial 8:46 a.m.] May Sales List Interests Notice to buyers. Pursuant to the policy In accordance with the requirements of Commodity Credit Corporation issued of section 710(b) (6) of the Defense Pro­ LAYTON E. KINCANNON October 12,1954 (19 F.R. 6669), and sub­ duction Act of 1950, as amended, and ject to the conditions stated therein as Executive Order 10647 of November 28, Statement of Changes in Financial well as herein, the commodities listed be­ 1955, the following changes have taken Interests low are available for sale and, where noted, for redemption of payment-in­ place in my financial interests during In accordance with the requirements the past 6 months: kind certificates on the price basis set of section 710(b) (6) of the Defense Pro­ forth. (1) None. (2) Add: American Telephone & Telegraph duction Act of 1950, as amended, and The U.S. Department of Agriculture Co. Remove: Middle States Telephone Co. of Executive Order 10647 of November 28, announced the prices at which CCC com­ Illinois. 1955, the following changes have taken modity holdings are available for sale (3) None. beginning at 3 pun., e.s.t., on April 28, (4) None. place in my financial interests during the past 6 months : 1967, and, subject to amendment, con­ This statement is made as of April 28, tinuing until superseded by the June 1967. (1) None. Monthly Sales List. (2) Stocks Sold: Electronic Specialty The following commodities are avail­ Dated: April 17,1967. Oorp.; Kelly Services, Inc.; Me Wood Corp.; able: Cotton (upland and extra long Mark V. B urlingame. Omark Industries, Inc.; Pearl Brewing Co.; staple), wheat, corn, oats, barley, rye, [F.R. Doc. 67-5073; Piled, May 5, 1967; Reliance Electric & Engineering Co.; Singer rice, grain sorghum, peanuts, flax, lin­ 8:45 a.m.] • Corp.; West-Point Pepperell, Inc. seed oil, and tung oil. Stocks purchased: Beech Nut Life Savers; Information on the availability of Bethlehem Steel Corp.; Cutler Hammer, Inc.; commodities stored in Commodity Credit ALEXANDER S. CHAMBERLAIN W. W. Grainger, Inc.; Hess Oil and Chemical Corporation binsites may be obtained Statement of Changes in Financial Corp.; Eli Lilly & Co.; Occidental Petroleum from ASCS State offices shown at the Interests Corp.; Union Carbide Corp. end of the sales list, and for commodities (3) None. stored at other locations from ASCS In accordance, with the requirements (4) None. Commodity and Grain Offices also shown of section 710(b) (6) of the Defense Pro­ at the end of the list. duction Act of 1950, as amended, and Ex­ This statement is made as of April 8, For May there is no change in com­ ecutive Order 10647 of November 28,1955, 1967. modities listed. the following changes have taken place Dated: April 26,1967. With the change in the CCC Export in my financial interests during the Credit Program announced April 25 past 6 months: L. E. K incannon. (press release USDA 1307-67) permitting (1) None. [P.R. Doc. 67-5076; Piled, May 5, 1967; payments to U.S. exporters in cash rather (2) None. 8:46 a.m.] than in export commodity certificates for (3) None. export shipments from private stocks, (4) None. CCC will no longer offer its commodities This statement is made as of April 15, WILLIAM R. REMALIA at net export prices for CCC credit ex­ 1967. port. This modifies the sales conditions Statement of Changes in Financial for several of the commodities listed. Dated: April 27,1967. Interests However, exporters with CCC Export Alex S. Chamberlain. In accordance with the requirements Credit Program sales can buy any com­ modities from CCC stocks offered at do­ [F.R. Doc. 67-5074; Piled, May 6, 1967; of section 710(b) (6) of the Defense Pro­ 8:45 a.m.] mestic market prices for export under duction Act of 1950, as amended, and export sales announcements. Executive Order 10647 of November 28, On April 14 (press release USDA 1209- JOE T. INNIS 1955, the following changes have taken 67), the USDA announced that the CCC Statement of Changes in Financial place in my financial interests during will offer to sell hard red spring wheat as the past 6 months : well as hard red winter wheat at domestic Interests market prices for export from west coast (1) None. ports under Announcement GR-345. In accordance with the requirements (2) None. of section 710(b) (6) of the Defense Pro­ Previously, only hard red winter was be­ duction Act of 1950, as amended, and Ex­ (3) None. (4) None. ing offered for sale under this announce­ ecutive Order 10647 of November 28,1955, ment and both classes under Announce­ the following changes have taken place This statement is made as of April 15, ™ my financial interests during the past 1967. ment GR-261. The selling terms were also 6 months: modified to permit buyers to apply pur­ Dated: April 27,1967. (1) None. chased wheat against sales already made. (2) None. W illiam R. R emalia. In another change, payment for the (3) None. [F.R. Doc. 67-5077; Piled, May 5, 1967; wheat purchased under either Announce­ (4) None. 8:46 a.m.] ment GR-345 or GR-261 can be made in

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 1967

* 6986 NOTICES cash or in export commodity certificates red spring, and durum wheats, and flour On sales for which the buyer is re­ at the option of the buyer. produced from those wheats, may not be quired to submit proof to CCC of ex­ Corn, oats, barley, or grain sorghum, exported through west coast ports.) This portation, the buyer shall be regularly as determined by CCC, will be sold for list is subject to change from time to engaged in the business of buying or sell­ unrestricted use for “Dealers’ Cer­ time. ing commodities and for this purpose tificates” issued under the emergency The CCC will entertain offers from re­ shall maintain a bona fide business office livestock feed program. Grain delivered sponsible buyers for the purchase of any in the United States, its territories or against such certificates will be sold at commodity on the current list. Offers possessions and have a person, principal the applicable current market price, de­ accepted by CCC will be subject to the or resident agent upon whom service of termined by CCC. terms and conditions prescribed by the judicial process may be had. In the following listing of commodities Corporation. These terms include pay­ Prospective buyers for export should and sales prices or method of sales, “un­ ment by cash or irrevocable letter of notë'that generally, sales to U.S. Govern­ restricted use” applies to sales which per­ credit before delivery of the commodity, ment agencies, with only minor excep­ mit either domestic or export use and and the conditions require removal of tions will constitute domestic unrestrict­ “export” applies to sales which require the commodity from CCC stocks within ed use of the commodity. export only. CCC reserves the right to a reasonable period of time. Where sales Commodity Credit Corporation re­ determine the class, grade, quality, and are for export, proof of exportation is serves the right, before making any sales, available quantity of commodities listed also required, and the buyer is respon­ to define or limit export areas. for sale. sible for obtaining any required U.S. Gov­ ernment export permit or license. Pur­ The Department of Commerce, Bu­ The CCC Monthly Sales List, which chases from CCC shall not constitute any reau of International Commerce, pur­ varies from month to month as addi­ assurance that any such permit or license suant to, regulations under the Export tional commodities become available or will be granted by the issuing authority. Control Act of 1949, prohibits the ex­ commodities formerly available are Applicable announcements containing portation or re-exportation by anyone of dropped, is designed to aid in moving all terms and conditions of sale will be any commodities under this program to CCC’s inventories into domestic or ex­ furnished upon request. For easy refer­ Cuba, the Soviet Bloc or Communist- port use through regular commercial ence a number of these announcements controlled areas of the Far East including channels. are identified by code number in the fol­ Communist China, North Korea, and the If it becomes necessary during the lowing list. Interested persons are in­ Communist-controlled area of Viet Nam month to amend this list in any mate­ vited to communicate with the Agricul­ except under validated license issued by rial way—such as by the removal or ad­ tural Stabilization and Conservation the U.S. Department of Commerce, dition of a commodity in which there is Service, USDA, Washington, D.C. 20250, Bureau of International Commerce. general interest or by a significant with respect to all commodities or—speci­ For all exportations, one of the des­ change in price or method of sale—an fied commodities—within the designated tination control statements specified in announcement of the change will be sent ASCS Commodity Office. Commerce D epartm ent Regulations to all persons currently receiving the list Commodity Credit Corporation re­ (Comprehensive Export Schedule by mail from Washington. To be put on serves the right to amend from time to § 379.10(c)) is required to be placed this mailing list, address: Director, Pro­ time, any of its announcements. Such on all copies of the shipper’s export dec­ curement and Sales Division, Agricul­ amendments shall be applicable to and laration, all copies of the bill of lading, tural Stabilization and Conservation be made a part of the sale contracts and all copies of the commercial in­ Service, U.S. Department of Agriculture, thereafter entered into. voices. For additional information as to Washington, D.C. 20250. CCC reserves the right to reject any which destination control statement to Interest rates per annum under the or all offers placed with it for the pur­ use, the exporter should communicate CCC Export Credit Sales Program (An­ chase of commodities pursuant to such with the Bureau of International Com­ nouncement GSM-3) for May 1967 are announcements. merce or one of the field offices of the 51/2 percent for U.S. bank obligations CCC reserves the right to refuse to con­ Department of Commerce. and 6 V2 percent for foreign bank obli­ sider an offer, if CCC does not have Exporters should consult the appli­ gations, without regard to credit periods adequate information of financial re­ cable Commerce Department regulations involved up to a maximum of 36 months. sponsibility of the offerer to meet for more detailed information if desired Commodities now eligible for financing contract obligations of the type contem­ and for any changes that may be made under the CCC Export Credit Sales Pro­ plated in this announcement. If a pro­ therein. gram include wheat, wheat flour, barley, spective offeror is in doubt as to whether bulgur, com, cornmeal, grain sorghum, CCC has adequate information with re­ Sales P rice or Method of S ale upland and extra long staple cotton, to­ spect to his financial responsibility, he WHEAT, BULK bacco, milled and brown pearl rice, should either submit a financial state­ Unrestricted use. cottonseed oil, soybean oil, dairy prod­ ment to the office named in the invita­ A. Storable. All classes of wheat in CCC ucts, dry edible beans, and tallow. tion prior to making an offer, or inventory are available for sale at market Information on commodities available communicate with such office to deter­ price but not below 115 percent of the 1966 mine whether such a statement is desired price-support loan rate for the class, grade, under Title IV, P.L. 480, private trade and protein of the wheat plus the markup agreements, and current information on in his case. When satisfactory financial shown in C below applicable to the type of interest rates and other phases of the responsibility has not been established, carrier involved. program may be obtained from the Office CCC reserves the right to consider an B. Nonstorable. At not less than market of the General Sales Manager, Foreign offer only upon submission by offerer of price, as determined by CCC. Agricultural Service, U.S. Department a certified or cashier’s check, a bid bond,, C. Markup and examples (dollars 'per of Agriculture, Washington, D.C. 20250. or other security, acceptable to CCC, as­ bushel In-Store), The following commodities are cur­ suring that if the offer is accepted, the offerer will comply with any provisions rently available for new and existing Markup in-store barter contracts: oats, cotton (upland of the contract with respect to payment received by— and extra long staple), and tobacco. for the commodity and the furnishing of Examples—Agricultural Act of 1949; Stat. minimum Wheat and grain sorghum are also avail­ performance bond or other security Truck Rail or able under conditions noted in the indi­ acceptable to CCC. barge vidual commodity listings. (In addition, Disposals and other handling of inven­ free market stocks of corn, grain sor­ tory items often result in small quantities $0. 18*$ $0.15)4 Minneapolis—No. 1 DNS ($1.66) 115 at given locations or in qualities not up percent +$0.1614; $1.96)4. ghum, wheat, wheat flour, tobacco, Portland—No. 1 SW ($1.46) 116 per­ cottonseed, and soybean oils are eligible to specifications. These lots are offered cent +$0.1514; $1.8314. . for barter programming under barter by the appropriate ASCS office promptly Kansas City—I^o. 1 HRW ($1.43) 1® percent+$0.1514; $1.8014. contracts coverin g procurements for upon appearance and therefore, gener­ Chicago—No. 1 RW ($1.49) 115 V» Federal agencies that will reimburse ally, they do not appear in the Monthly cent +$0.1514; $1.8714, CCC except that hard red winter, hard Sales List. _

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 NOTICES 6987

Export. A. Announcement GR-368 (Revision 2, A. CCC will sell limited quantities of Hard Markup in­ Mar. 1, 1965, as amended), feed grain export Red Winter and Hard Red Spring wheat at store received by— Examples program. west coast ports at domestic market price B. Announcement GR-212 (Revision 2, levels for export under Announcement Jan. 9, 1961), for application to barter con­ GR-345 (Revision III, July 6, 1962, as Truck tracts entered into pursuant to invitations amended) as follows: for barter offers dated prior to 3:30 pm., (1) Notice of foreign sale must be fur­ $0.14% Feed grain program domestic PIK e.d.t., on August 26, 1966, and to other desig­ nished CCC within 5 calendar days after certificate minimums: nated sales. purchase. McLean County, 111. ($1.01+$0.03) 115 percent +$0.14%; $1.34%. Available. Evanston, Kansas City, Minne­ (2) Sales will be made only to fill dollar Agricultural Act of 1949; stat. mini­ apolis, and Portland ASCS grain offices. market sales abroad and exporter must show mums: export from the west coast to a destination McLean County, 111. ($1.01+$0.19 BARLET, BULK west of the 170th meridian, west longitude, +$0.03); 105 percent +$0.14%; $1.44%. Unrestricted use. and east of the 60th meridian, east longitude, A. Redemption of domestic payment-in­ and to countries on the west coast of Cen­ kind certificates. Such CCC dispositions of tral and South America. Avialable: Evanston, Kansas City, Minne­ barley as CCC may designate will be in re­ B. CCC will sell wheat for export under apolis, and Portland ASCS grain offices. demption of rights represented by pooled Announcement GR-261 (Revision III, Jan. 9, Export. certificates under a feed grain program. The 1961, as amended and supplemented) sub­ Corn from CCC inventory is not available minimum price at which barley shall be ject to the following: for export sale. valued for such dispositions shall be market (1) All classes will be sold subject to price, as determined by CCC, but not less offers which include the price at which the GRAIN SORGHUM (BULK) than 115 percent of the applicable 1966 buyer proposes to purchase the wheat. Unrestricted use. price-support loan rate for the class, grade, (2) All classes will be sold to fill dollar A. Redemption of domestic payment-in­ and quality of the barley, plus the markup market sales abroad and exporter must show kind certificates. Such CCC dispositions of shown in C of this unrestricted use section export from the west coast to a destination grain sorghum as CCC may designate will be applicable to the type of carrier involved. within the geographical limitation shown in in redemption of certificates or rights repre­ A (2) above. sented by pooled certificates under a feed B. General sales. (3) All classes will be sold for application grain program. The minimum price at which 1. Storable. Such CCC dispositions of to barter contracts entered into pursuant to grain sorghum shall be valued for such dispo­ storable barley as CCC may designate as invitations for barter offers dated prior to sitions shall be market price, as determined general sales will be made during the month 3:30 p.m., e.d.t., on August 26, 1966. However, by CCC, but not less than 115 percent of the at market price, but not less than the CCC-owned wheat will not be sold for barter applicable 1966 price-support loan rate for Agricultural Act of 1949 formula minimum at west coast ports nor will evidence of export the class', grade, and quality of the grain price for such sales which is 105 percent of at west coast ports be acceptable under a sorghum, plus the markup shown in C of the applicable 1966 price-support rate * sale for barter. this unrestricted use section applicable to (published loan rate plus 13 cents per C. Announcement GR-262 (Revision II, the type of carrier involved. bushel) for the class, grade, and quality Jan. 9, 1961, as amended) for export as flour B. General sales. of the barley, plus the markup shown in ¡as follows: All classes will be sold for applica­ 1. Storable. Such CCC dispositions of stor­ C of this unrestricted use section, applicable tion to barter contracts entered into pursuant able grain sorghum as CCC may designate as to the type of carrier involved. to invitations for barter offers dated prior general sales will be made during the month 2. Nonstorable. At not less than market to 3:30 p.m., e.d.t., on August 26, 1966. How­ at market price, as determined by CCC, but price as determined by CCC. ever, sales for barter will not be made at not less than the Agricultural Act of 1949 C. Markups and examples (dollars per west coast ports nor will evidence of export formula minimum price for such sales which bushel in-store1 No. 2 or better). from west coast ports be acceptable under is 105 percent of the applicable 1966 price- a sale for barter pursuant to this announce­ support rate* (published loan rate plus 34 ment. cents per hundredweight).for the class, grade, Markup in-store D. CCC will not sell wheat under An­ received by— and quality of the grain sorghum, plus the Examples nouncement GR-346 until further notice. markup shown in C of this unrestricted use Available: Evanston, Kansas City, Minne­ section applicable to the type of carrier Truck Rail or apolis, and Portland ASCS offices. involved. barge CORN, BULK 2. Nonstorable. At not less than market price as determined by CCC. $0.17% $0.15% Feed grain program domestic PIK Unrestricted use. C. Markups and examples (dollars per certificate minimums: A. Redemption of domestic payment-in­ Cass County, N. Dak. ($0.76) 115 hundredweight in-store1 No. 2 or better). percent +$0.17%; $1.05%. kind certificates. Such CCC dispositions of Minneapolis, Minn, (ex-rail) ($0.99) corn as CCC may designate will be in re­ 115 percent +$0.15%; $1.29%. demption of certificates or rights represented Markup in-store Agricultural Act of 1949; statutory by pooled certificates under a feed grain received by— minimums: Examples Cass County, N. Dak. ($0.76+ program. The price at which corn shall be $0.13); 105 percent +$0.17%; valued for such dispositions shall be the Truck Rail or $1.11%. market price as determined by CCC, but not barge Minneapolis Minn, (ex-rail) ($0.99 less than 115 percent of the applicable 1966 +$0.13); 105 percent +$0.15%; price-support loan rate for the class, grade, $0.26)4 $0.20% Feed grain program domestic PIK $1.33%. and quality of the corn plus the markup certificate minimums: Hale County, Tex. ($1.50) 115 per­ shown in C of this unrestricted use section. cent +$0.26%; $1.99%. Export. . B. General sales. Kansas City, Mo. (ex-rail) ($1.78) Sales are made at applicable domestic 115 percent +$0.20%; $2.25%. market price levels for export, as determined 1. Storable. Such CCC dispositions of stor­ Agricultural Act of 1949; stat. mini­ able corn as OOC may designate as general mums: by CCC. The statutory minimum price re­ Hale County, Tex. ($1.50+$0.34); ferred to in the price adjustment provisions sales will be made during the month at mar­ 105 percent +$0.26%; $2.20%. of the following export sales announcement ket price, as determined by CCC, but not less Kansas City, Mo. (ex-rail) ($1.78+ is 105 percent of the applicable price-support $0.34); 105 percent +$0.20%; than the Agricultural Act of 1949 formula $2.43%. rate plus the markup referred to in C of minimum price for such sales which is 105 the unrestricted use section for barley. Sales will be made pursuant to the following an­ percent of the applicable 1966 price support Export. nouncement: rate3 (published loan rate plus 19 cents per Sales are made at applicable domestic mar­ Announcement GR-368 (Revision 2, Mar. 1, bushel) for the class, grade, and quality of ket price levels for export, as determined 1965, as amended), feed grain export program. the corn, plus the markup shown in C of this by CCC; export payment rates, if any, are Available. Kansas City, Evanston, Port­ unrestricted use section. deducted in arriving at barter prices. The land, and Minneapolis grain offices. statutory minimum price referred to in the 2. Nonstorable. At not less than market price adjustment provisions of the following OATS, BULK price as determined by CCC. export sales announcements is 105 percent Unrestricted'use. C. Markups and examples (dollars per of the applicable price-support rate plus the A. Market price, as determined by CCC, bushel in-store1 basis No. 2 yellow corn 14 markup referred to in C of the unrestricted but not less than 115 percent of the appli­ Percent M.T. 2 percent F.M.). use section for grain sorghum. Sales will be cable 1966 price-support rate 3 for the class, made pursuant to the following announce­ grade and quality of the oats plus the See footnotes at end of document. ments: markup shown in B below.

FEDERAL REGISTER, VOL 32, NO. 88— SATURDAY, MAY 6, 1967 6988 NOTICES

B. Markups and examples (dollars per Prices, quantities, and varieties of rough PEANUTS, SHELLED bushel in-store1 basis No. 2 XHWO). rice available from Kansas City ASCS Com­ A. Domestic Crushing or Export. modity Office. 1. Shelled peanuts of less than U.S. No. l Markup in­ COTTON, UPLAND grades may be purchased for foreign or do­ store received mestic crushing. by- Examples—Agricultural Act of 1949; Unrestricted use. 2. U.S. Medium—Virginia type—for export. Stat. minimum A. Competitive offers under the terms and 3. Terms and conditions of sales as set Truck conditions of Announcement STO-C-32 (Sale forth in Peanut Announcement PR-1 effec­ of Upland Cotton for Unrestricted Use). Un­ tive July 1, 1966, Amendment 1, and the lot der this announcement, upland cotton ac­ list. $0.16)4 Redwood County, Minn. ($0.56-)-$0.03 quired under price-support programs will be quality differential); 115 percent B. When stocks of any of the above cate­ +$0.16)4; $0.84)4. sold at the highest price offered but in no gories are available in their area of respon­ event at less than the higher of (a) 110 per­ sibility, weekly lot lists are issued by the cent of the current loan rate for such cotton, following: C. Nonstorable. At not less than the mar­or (b) tiie market price for such cotton, as GFA Peanut Association, Camilla, Ga. ket price as determined by CCC. determined by CCC. Peanut Growers Cooperative Marketing Export. B. Competitive offers under the terms and Association, Franklin, Va. Sales are made at applicable domestic mar­ conditions of Announcement NO-C-31 (Dis­ Southwestern Peanut Growers’ Association, ket price levels for export as determined by position of Upland Cotton—In Redemption Gorman, Tex. CCC; export payment rates, if any, are of Payment-In-Kind Certificates or Rights All sales are made on the basis of competi­ deducted in arriving at barter prices. The in Certificate Pools, In Redemption of Export tive bids each Wednesday, by the Producer statutory minimum price referred to in the Commodity Certificates, Against the “Short­ Associations Divisions, Agricultural Stabiliza­ price adjustment provisions of the follow­ fall,” and Under Barter Transactions), as tion and Conservation Service, Washington, ing export sales announcements is 105 per­ amended. Cotton may be acquired at the D.C. 20250, to which all bids are submitted. cent of the applicable price-support rate plus current market price for such cotton at time the markup referred to in B of the un­ of delivery, which shall be the highest price TUNG OIL restricted use section for oats. Sales will be offered but not less than the minimum de­ Domestic or export. made pursuant to the following announce­ termined by CCC, and in no event at less Sales are made periodically on a competi­ ments: than the loan rate for such cotton at time tive bid basis. Bids are submitted to the A. Announcement GR-368 (Revision 2, of delivery. Producer Associations Division, Agricultural Mar. 1, 1965, as amended), feed grain export Export. Stabilization and Conservation Service, program. CCC disposals for barter (1966-67 market­ Washington, D.C. 20250. B. Announcement GR-212 (Revision 2, ing year). Competitive offers under the terms The quantity offered and the date bids are Jan. 9, 1961), for application to barter con­ and conditions of Announcements CN-EX-28 to be received are announced to the trade in tracts. (Acquisition of Upland Cotton for Export notices of Invitation to Bid, issued by the Available. Kansas City, Evanston, Min­ under the Barter Program) and NO-C-31 National Tung Oil Marketing Cooperative, neapolis, and Portland ASCS grain offices. (described above), as amended. Inc., Foplarville, Miss. 39470. Terms and conditions of sale are as set RYE, BULK COTTON, EXTRA LONG STAPLE forth in Announcement NTOM-PR—4, effec­ Unrestricted use. tive April 6, 1967, the applicable Invitation A. Storable. Market price, as determined by Unrestricted use. Competitive offers under the terms and to Bid, and any amendments or revisions CCC, but not less than the Agricultural Act thereof. of 1949 formula price which is 105 percent® conditions of Announcements NO-C—6 (Re­ vised July 22, 1960), as amended, and NO-C- Bids will include an f.o.b. price with the of the applicable 1966 price-support rate for 10, as amended. Under these announcements added provisions that the bidder may include the class, grade, and quality of the grain plus extra long staple cotton (domestically grown) “freight equalization” allowances for certain the markup shown in B below applicable to will be sold at the highest price offered but destinations as shown in a schedule .attached the type of carrier involved. in no event at less than the higher of (a) to the Invitation to Bid. B. Markups and examples (dollars per 115 percent of the current support price for Copies of the Announcement or the Invita­ bushel in-store1 No. 2 or better). such cotton plus reasonable carrying charges, tion may be obtained from the Cooperative or (b) the domestic market price as deter­ or Producer Associations Division, ASCS, tele­ Markup in-store phone Washington, D.C., area code 202, received by— mined by CCC. Examples—Agricultural Act of 1949; Export. DU 8-3901. Stat. minimum A. CCC sales for export. Competitive offers FLAXSEED, BULK Truck Rail or under the terms and conditions of Announce­ Unrestricted use. barge ments CN—EX—22 (Extra Long Staple Cotton A. Storable. Market price but not less than Export Program) and NO-C-27 (Sale of Extra the applicable 1966 support price for the $0.18)$ $0.15)4 Rolette County, N. Dak. ($0.89); 105 Long Staple Cotton), as amended. class, grade, and quality of flaxseed plus percent +$0.18)4; $1.12)4. Minneapolis, Minn, (ex-rail) ($1.23); B. Barter. Competitive offers under the 14% cents per bushel, and plus the respec­ 105 percent +$0.15)4; $1.45)4. terms and conditions of Announcement CN— tive markup shown in B below applicable to EX-27 (Acquisition of Extra Long Staple the type of carrier involved. C. Nonstorable. At not less than market Cotton for Export under the Barter Pro­ B. Markups and examples (dollars per price as determined by CCC. gram), and NO-C-27 (Sale of Extra Long bushel in-store1). Export. Staple Cotton), as amended. Sales are made at applicable domestic mar­ COTTON, UPLAND OR EXTRA LONG STAPLE Markup per Examples of minimum prices ket price levels for export, determined by bushel received - (ex-rail or barge) CCC. The statutory minimum price referred Restricted or unrestricted use. by— to in the price adjustment provisions of the A. Competitive offers under the terms and following export sales announcement is 105 conditions of Announcement NO-C-18 (Sale Truck Rail or Terminal Class and Price percent of the applicable price-support rate of Cotton—To Establish Claims). Any such barge grade plus the markup referred to in B of the cotton will be offered for sale periodically on the basis of samples representing the cotton unrestricted use section for rye. Sales will be Cents Cents made pursuant to the following announce­ for the purpose of establishing claims against $0.20 $0.15)4 Minneapolis.. No. 1 ...... $3.45 ment: producers and others according to schedules ' -- Issued from time to time by CCC. Announcement GR-368 (Revision 2, Mar. 1, C. Nonstorable. At not less than market 1965, as amended), feed grain export pro­ B. Competitive offers under the terms and conditions of Announcement NO-C-20 (Sale price as determined by CCC. gram. of Special Condition Cotton). Any such cot­ Export. Available. Evanston, Kansas City, Portland, Announcement PS-GR-4, Revision 1. and Minneapolis ASCS grain offices. ton (Below Grade, Sample Loose, Damaged Pickings, etc.) owned by CCC will be offered as amended, dispositions of flaxseed, as des­ RICE, ROUGH for sale periodically on the basis of samples ignated by CCC, will be in redemption of Unrestricted use. representing the cotton according to sched­ export commodity certificates at the domestic Market price but not less than 1966 loan ules issued from time to time by CCC. market price as determined by CCC. rate plus 5 percent, plus 41 cents per hun­ Availability information. Available. Through the Minneapolis Grain dredweight, basis in store. Sale of cotton will be made by the New Merchandising ASCS Office. Export. Orleans ASCS Commodity Office and catalogs LINSEED OIL, RAW (BULK) As milled or brown under Announcement for upland cotton and extra long staple cot­ GR—369 (Revision i n , as amended), Rice ton showing quantities, qualities and location Export. Export Program. may be obtained for a nominal fee from that Under Announcement PS-GR-4, Revision 1, as amended, dispositions of raw linseed oil, See footnotes at end of document. office.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 NOTICES 6989 as designated by OOC, will be in redemption USDA Agricultural Stabilization and Montana, Post Office Box 670, UB.P.O. and of export commodity certificates at the do­ Conservation S ervice Offices Federal Office Building, Bozeman, Mont. 59715. Telephone: Area Code 587, 4511, Ext. mestic market price as determined by CCC. GRAIN OFFICES Available. Through the Minneapolis ASCS 3271. Commodity Office. Kansas City ASCS Commodity Office, 8930 Nebraska, Post Office Box 793, 5801 O Street, Ward Parkway, Post Office Box 205, Kan­ Lincoln, Nebr. 68501. Telephone: Area Code DAIRY PRODUCTS sas City, Mo. 64141. Telephone: Emerson 402,475-3361. Sales are in carlots only in-store at storage 1-0860. North Dakota, Post Office Box 2017, 15 South location of products. Alabama, Alaska, Arizona, Arkansas, Colo­ 21st Street, Fargo, N. Dak. 58103. Tele­ rado, Florida, Georgia, Hawaii, Kansas, phone: Area Code 701, 237-5205. Submission of offers. Ohio, Room 202, Old Federal Building, Co­ Submit offers to the Minneapolis ASCS Louisiana, Mississippi, Missouri, Ne­ braska, Nevada, New Mexico, North Caro­ lumbus, Ohio 43215. Telephone: Area Code Commodity Office. lina, Oklahoma, South Carolina, Ten­ 614, 469-5644. NONFAT DRY »¿ILK nessee, Texas, and Wyoming (domestic South Dakota, Post Office Box 843, 239 Wis­ and export), California (domestic only). consin Street SW., Huron, S. Dak. 57350. Unrestricted use. Telephone: Area Code 605, 352-8651, Ext. Announced prices, under MP-14: Spray Branch Office—Evanston ASCS Branch Of­ 321 or 310. process, U.S. Extra Grade, 21,60 cents per fice, 2201 Howard Street, Evanston, 111. Wisconsin, Post Office Box 4248, 4601 Ham- 60202. Telephone: Long Distance—Uni­ mersley Road, Madison, Wis. 53711. Tele­ pound. versity 9-0600 (Evanston Exchange). Export. Local—Rogers Park 1-5000 (Chicago, phone: Area Code 608, 256-4441, Ext. 7535. Competitive bid, under MP-10, pursuant 1 1 1 .). (Sec. 4, 62 Stat. 1070, as amended; 15 Ufi.C. to invitation to bid to be issued by Minne­ Connecticut, Delaware, Illinois, Indiana, 714b. Interpret or apply sec. 407, 63 Stat. 1066; apolis ASCS Commodity Office. Sales under Iowa, Kentucky, Maine, Maryland, Mas­ sec. 105, 63 Stat. 1051, as amended by 76 Stat. this announcement may be made for appli­ sachusetts, Michigan, New Hampshire, 612; secs. 303, 306, and 307, 76 Stat. 614-817; cation to barter contracts. New Jersey, New York, Ohio, Pennsyl­ 7 U.S.C. 1441 (note) ) Any nonfat dry milk offered but not sold vania, Rhode Island, Virginia, Vermont, under the invitation to bid issued pursuant and West Virginia. Signed at Washington, D.C., on May 3, to MP-10 will be offered for sale through the Branch Office—Minneapolis ASCS Branch 1967. following Monday noon at prices announced Office, 310 Grain Exchange Building, H. D. Godfrey, by press release from the Minneapolis ASCS Minneapolis, Minn. 55415. Telephone: Executive Vice President, Commodity Office each Wednesday. 334-2051. Commodity Credit Corporation. BUTTER Minnesota, Montana, North Dakota, South [F.R. Doc. 67-5117; Filed, May 5, 1967; Unrestricted use. Dakota, and Wisconsin. 8:49 a.m.] Announced prices, under MP-14: 74 cents Branch Office—Portland ASCS Branch Of­ per pound—New York, Pennsylvania, New fice, 1218 Southwest Washington Street, jersey, New England, and other States Portland, Oreg. 97205. Telephone: 226- Consumer and Marketing Service bordering the Atlantic Ocean and Gulf of 3361. [Docket No. AO 71-A52] Mexico. 73.25 cents per pound—Washington, Idaho, Oregon, Utah, and Washington (do­ Oregon, and California. All other States 73 mestic and export sales), California (ex­ MILK IN NEW YORK-NEW JERSEY cents per pound. port sales only). MARKETING AREA Export. ' PROCESSED COMMODITIES OFFICE--- (ALL Competitive bid under Announcement MP- STATES) Referendum Order; Determination of 10, pursuant to invitations to bid to be Representative Period; and Desig­ issued by Minneapolis ASCS Commodity Minneapolis ASCS Commodity Office, 6400 Office. Sales under this announcement may France Avenue South, Minneapolis, Minn. nation of Referendum Agent be made for application to barter contracts. 55435. Telephone: Area Code 612, 334-3200. It is hereby directed that a referendum Any butter offered but not sold under the COTTON OFFICES----(ALL STATES) be conducted to determine whether the invitation to bid issued pursuant to MP-10 New Orleans ASCS Commodity Office, Wirth issuance of the order amending the order will be offered for sale through the follow­ Building, 120 Marais Street, New Orleans, regulating the handling of milk in the ing Monday noon at prices announced by La. 70112. Telephone: 527-7766. press release from the Minneapolis ASCS New York-New Jersey marketing area Commodity Office each Wednesday. GENERAL SALES MANAGER OFFICES (7 CFR Part 1002) which was attached to the decision of the Assistant Secretary CHEDDAR CHEESE (STANDARD MOISTURE BASIS) Representative of General Sales Manager, New York Area: Joseph Reidinger, 80 issued April 25, 1967 (32 F.R. 6501), is Unrestricted use. Lafayette Street, New York, N.Y. 10013. approved or favored by the producers, as Announced prices, under MP-14: 49.125 Telephone: 264r-8439, 8440, 8441. defined under the terms of the order, as cents per pound—New York, Pennsylvania, Representative of General Sales Manager, proposed to be amended, and who, during New England, New Jersey, and other States West Coast Area: Callan B. Duffy, Ap­ the representative period, were engaged bordering the Atlantic Ocean and Pacific praisers’ Building, Room 802, 630 Sansome in the production of milk for sale within Ocean and the Gulf of Mexico. All other Street, San Francisco, Calif. 94111. Tele­ the aforesaid marketing area. States 48.125 cents per pound. phone: 556-6185. Export. The month of January 1967 is hereby Competitive . bid under Announcement ASCS STATE OFFICES determined to be the representative pe­ MP-10, pursuant to invitation to bid to be Illinois, Room 232, U.S. Post Office and Court­ riod for the conduct of such referendum. issued by Minneapolis ASCS Commodity house, Springfield, 111. 62701. Telephone: A. J. Pollard is hereby designated agent Office. Announced prices under MP-10. Area Code 217, 525-4180. of the Secretary to conduct the referen­ Any cheese offered but not sold under the- Indiana, Room 110, 311 West Washington dum for the New York-New Jersey mar­ invitation to bid issued pursuant to MP-10 Street, Indianapolis, Ind. 46204. Telephone: keting area in accordance with the will be offered for sale through the following Area Code 317, 633-8521. procedure for the conduct of referenda to Monday noon at prices announced by press Iowa, Room 311, Iowa Building, 505 Sixth determine producer approval of milk release from the Minneapolis ASCS Com­ Avenue, Des Moines, Iowa 50307. Tele­ marketing orders (7 CFR 900.300 et seq.). modity Office each Wednesday. phone: Area Code 515,284—4213. Kansas, 2601 Anderson Avenue, Manhattan, Such referendum shall be completed on FOOTNOTES Kans. 66502. Telephone: Area Code 913, or before the 30th day from the date JE 9-3531. this order is published in the Federal 1 The formula price delivery basis for bin Michigan, 1405 South Harrison Road, East R egister. site sales will be f .o.b. Lansing, Mich. 48823. Telephone: Area As a means of effectuating certain 2 To compute, multiply applicable sup­ Code 517,372-1910'. policies jointly adopted by the Secretary port price by 105 percent or the price sup­ Missouri, I.O.O.F. Building, 10th and Walnut and the Commissioner of Agriculture and port loan rate by 115, as indicated, round Streets, Columbia, Mo. 65201. Telephone: Area Code 314,442-3111. Markets of the State of New York in a product up to nearest whole cent and add Minnesota, Griggs Midway Building, 1821 memorandum of cooperation dated Au­ amount shown in the appropriate table and University Avenue, St. Paul, Minn. 55104. gust 26, 1938, and by the Secretary and any applicable freight and handling charges. Telephone: Area Code 612, 228-7651. the Director of the New Jersey Office of

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 No. 83 5 6990 NOTICES

Milk Industry in a memorandum of available from commercial banks, co­ Alabama Educational Television Com­ agreement dated June 30, 1955, the ref­ operative lending agencies, or other re­ mission, 2101 Magnolia Avenue, Suite erendum agent shall transmit a report sponsible sources. 512, Birmingham, Ala., File No. 197, for to the Commissioner of Agriculture and California the establishment of a new noncommer­ Markets of the State of New York, and to cial educational television station on the Director of the Office of Milk Indus­ Fresno Merced Channel 43, Louisville, Ala. try of the State of New Jersey. Madera Riverside The Board of Trustees of Michigan Signed at Washington, D.C., on May 3, Pursuant to the authority set forth State University,. East Lansing, Mich., 1967. above, emergency loans will not be made File No. 198, to improve the facilities of R odney E. Leonard, in the above-named counties after De­ noncommercial educational television Deputy Assistant Secretary. cember 31,1967, except to applicants who station WMSB, Channel 10, East Lan­ previously received emergency or special sing, Mich. [F.R. Doc. 67-5118; Filed, May 5, 1967; livestock loan assistance and who can Any interested person may, pursuant 8:50 a.m.] qualify under established policies and to 45 CFR 60.8 within 30 calendar days procedures. from the date of this publication, file Forest Service Done at Washington, D.C., this 2d day comments regarding the above applica­ of May 1967. tions with the Chief, Educational Tele­ VENTANA WILDERNESS vision Facilities Branch, U.S. Office of Orville L. F reeman, Education, Washington, D.C. Proposal and Hearing Announcement Secretary. (76 Stat. 64, 47 U.S.C. 390) Notice is hereby given in accordance [F.R. Doc. 67-5098; Filed, May 5, 1967; with the provisions of the Wilderness Act 8:48 a.m.] R aymond J. S tanley, of September 3, 1964 (P.L. 88-577; 78 Chief, Educational Television Stat. 890, 892; 16 U.S.C. 1131,1132), that IOWA Facilities Branch, U.S. Office of Education. a public hearing will be held beginning Designation of Area for Emergency at 9 a.m. on Wednesday, June 7,1967, in [F.R. Doc. 67-5120; FUed, May 5, 1967; Monterey County Courthouse, Board Loans 8:50 a.m.] of Supervisors’ Chambers, Alisal and For the purpose of making emergency Church Streets, Salinas, Calif., on a pro­ loans pursuant to section 321 of the Con­ posal for a recommendation to be made solidated Farmers Home Administration by the Secretary of Agriculture to the Act of 1961 (7 U.S.C. 1961), it has been AUTOMOTIVE AGREEMENT President of the United States that a determined that in the hereinafter- recommendation be submitted to Con­ named county in the State of Iowa nat­ ADJUSTMENT ASSISTANCE BOARD gress for the establishment of the Ven- ural disasters have caused a need for tana Wilderness, comprising about 94,728 agricultural credit not readily available CERTAIN WORKERS OF EATON YALE acres, including most of the Ventana from commercial banks, cooperative & TOWNE, INC., EATON SPRING Primitive Area and five contiguous areas. lending agencies, or other responsible DIV., LACKAWANNA, N.Y. The proposed Ventana Wilderness is lo­ sources. cated within the Los Padres National I owa Summary of Final Determinations and Forest, Monterey County, State of Cal­ Van Buren Notice of Certification Regarding ifornia. Pursuant to the authority set forth Petition for Determination of Eligi­ A brochure containing a map and in­ above, emergency loans will not be made bility To Apply for Adjustment formation about the proposed Wilder­ in the above-named county after Decem­ Assistance ness may be obtained from the Forest ber 31, 1967, except to applicants who Supervisor, Los Padres National Forest, previously received emergency or spe­ Determination of the Board. Pursuant Santa Barbara, Calif. 93101, or the Re­ cial livestock loan assistance and who to the Automotive Products Trade Act of gional Forester, Appraiser’s Building, 630 can qualify under established policies 1965 (Public Law 89-283; 79 Stat. 1016) Sansome Street, San Francisco, Calif. and procedures. the Automotive Agreement Adjustment 94111. Assistance Board determines that: Individuals and organizations are in­ Done at Washington, D.C., this 2d day Dislocation of workers of the Lacka­ vited to express their views by appearing of May 1967. wanna, N.Y. plant, Eaton Spring Divi­ at the hearing, or they may submit writ­ Orville L. F reeman, sion, Eaton Yale & Towne, Inc., has oc­ ten comments for inclusion in the official Secretary. curred or threatens to occur. record to Regional Forester, Appraiser’s [F.R. Doc. 67-5099; Filed, May 5, 1967; U.S. production of the automotive Building, 630 Sansome Street, San Fran­ 8:48 a.m.] product concerned—flat leaf springs— cisco, Calif. 94111, by July 7,1967. has decreased appreciably (section 302 (b)(2), Act), and U.S. imports from A. W. Greeley, Canada of the Canadian automotive Associate Chief, Forest Service. DEPARTMENT OF HEALTH, EDUCA­ product concerned have increased ap­ [F.R. Doc. 67-5097; Filed, May 5, 1967; preciably (section 302 (b)(3)(A), Act). 8:47 a.m.] TION, AND WELFARE No factor other than the operation of the United States-Canadian Automotive Office of Education Products Agreement has been the pri­ Office of the Secretary FEDERAL FINANCIAL ASSISTANCE IN mary factor in causing or threatening to CONSTRUCTION OF NONCOMMER­ cause the dislocation. CALIFORNIA Certification. The Board hereby certi­ CIAL EDUCATIONAL TELEVISION Designation of Areas for Emergency fies that the workers of the Lackawanna, BROADCAST FACILITIES N.Y. plant, Eaton Spring Division, Eaton Loans Yale & Towne, Inc., who became or will For the purpose of making emergency Applications Accepted for Filing become unemployed or underemployed on loans pursuant to section 321 of the Notice is hereby given that effective or after March 17, 1967, are eligible to Consolidated Farmers Home Adminis­ with this publication the following-de­ apply for adjustment assistance. tration Act of 1961 (7 U.S.C. 1961), it scribed applications for Federal financial Background. A petition for a determi­ has been determined that in the herein­ assistance in the construction of noncom­ nation of eligibility to apply for adjust­ after-named counties in the State of mercial educational television broadcast ment assistance under the Automotive California natural disasters have caused facilities are accepted for filing in ac­ Products Trade Act of 1965 was filed with a need for agricultural credit not readily cordance with 45 CFR 60.7: the Automotive Agreement Adjustment

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 NOTICES 6991 Assistance Board on February 23, 1967, Dislocation. Dislocation in the case of Spring Division, Eaton Yale & Towne, by the United Steelworkers of America, a group of workers means actual or Inc. AFL-CIO, on behalf of a group of work­ threatened unemployment or underem­ (Sec. 302, Automotive Products Trade Act of ers at the Lackawanna plant, Eaton ployment of a significant number or pro­ 1965, 70 Stat. 1018; Executive Order 11254, Spring Division, Eaton Yale & Towne, portion of the workers of a firm or an 30 F.R. 13569; Automotive Agreement Adjust­ Inc. The petition alleged that the trans­ appropriate subdivision thereof. ment Assistance Board regs., 48 CFR Part 501, fer of the production of automotive leaf During 1966 the number of hourly 31 FH. 827; Board Order No. 1, 31 F.R. 853) springs from Lackawanna to a newly es­ workers employed at the Lackawanna Autoiv&tive Agreement Adjust­ tablished plant in Chatham, Ontario, plant was fairly constant, averaging ment Assistance B oard, would result in the permanent layoff of slightly over 170 persons per month. The Edgar I. Eaton, all 169 hourly workers between April 1 first separation which appears to have Executive Secretary. and May 31, 1967. The petition further been directly attributable to the immi­ alleged that a company official cited only nent closing of the plant occurred on April 28,1967. the United States-Canadian Automotive March 17, 1967. Large-scale layoffs be­ [F.R. Doc. 67-5078; Filed, May 5, 1967; Products Agreement, signed January 16, gan on April 28, 1967, and will continue 8:46 am.] 1965, as the reason for the discontinua­ through July 1967 when all the hourly tion of leaf spring production at Lacka­ workers and some salaried personnel will wanna. have been laid off. On February 28, 1967, the Automotive The Board determines that the Lacka­ CIVIL AERONAUTICS BOARD Assistance Committee of the Board re­ wanna, N.Y. plant, Eaton Spring Divi­ [Docket No. 18293] quested the U S. Tariff Commission to sion, is the appropriate subdivision of investigate and report on the facts relat­ Eaton Yale & Towne, Inc., and that a sig­ ALASKA-CORDOVA MERGER CASE ing to this petition (32 F.R. 3853, Mar. 8, nificant number or proportion of the Notice of Hearing 1967). No parties requested a hearing and workers thereof are or will be dislocated none was held. (section 302(b)(1), Act; § 501.2(1) (2), Notice is hereby given, pursuant to the The Commission submitted its report Board regulations). provisions of the Federal Aviation Act of on April 19, 1967 (APTA-W-8). The Role of the operation of the Agreement. 1958, as amended, that a hearing in the Commission stated that only certain sec­ Section 302(c) of the Act provides that if above-entitled proceeding will be held on tions of the report could be made public there is appreciable decrease in U.S. May 29,1967, at 10 a.m., e.d.s.t., in Room since much of the information it contains production and an appreciable increase 211, Universal Building, 1825 Connecticut was received in confidence (32 F.R. 6458, in imports from Canada of the automo­ Avenue NW., Washington, D.C., before Apr. 26,1967). tive product concerned (section 302 (b) the undersigned examiner. The Board, in addition, obtained ad­ (2) and (b) (3), Act), the group of work­ For information concerning the issues vice from the Departments of the Treas­ ers must be certified as eligible to apply involved and other details in this pro­ ury, Commerce, and Labor, and the Small for adjustment assistance unless the ceeding, interested persons are referred Business Administration under section Board determines that the operation of to the prehearing conference report 302(f)(1) of the Act. the Agreement has not been the primary served on April 20,1967, and other docu­ Eaton Yale & Towne, Inc., and its factor in causing the dislocation.1 ments which are in the docket of tills Eaton Spring Division. Eaton Yale & Data obtained by the Tariff Commis­ proceeding on file in the Docket Section Towne, Inc., is a diversified corporation sion show that in each of the months of of the Civil Aeronautics Board. manufacturing, both in the United States October 1966 through January 1967 Dated at Washington, D.C., May 1, and abroad, a variety of components used (model year 1967) production in the 1967. in the production of transportation and United States of flat leaf springs has been industrial equipment. at least 15 percent less than production [seal] Milton H. S hapiro, The Eaton Spring Division operates during corresponding months in model Hearing Examiner. plants in Detroit (coil springs and related year 1964, and averaged 20 percent less. [F.R. Doc. 67-5110; Filed, May 5, 1967; articles) and Lackawanna, N.Y. (leaf The data on U.S. imports of automotive 8:48 am.] springs for trucks). Prior to January flat leaf springs produced in Canada in­ 1967 the Detroit plant also produced leaf dicate that imports in recent months of springs for automobiles. the 1967 model year are at least 80 per­ [Docket No. 18226] After the United States-Canadian cent greater than the same months of AIR KOREA Automotive Products Agreement was the 1964 model year. signed, Eaton Yale & Towne, Inc., decided The Board therefore determines that Permit Application; Notice of Hearing to build a new facility in Chatham, On­ the economic criteria in section 302(b) Han Jin Transportation Co., Ltd., tario, about 70 miles east of Detroit. This of the Act are met. doing business as Air Korea (Permit Ap­ plant is operated by the newly estab­ On the basis of the Tariff Commission plication) , Docket 18226. lished subsidiary, Eaton Springs, Canada, Ltd. report, the Board determines that no fac­ Notice is hereby given pursuant to the tor other than the operation of the Federal Aviation Act of 1958, as amend­ Limited production at the new Chat­ Agreement has been the primary factor ed, that a hearing in the above-entitled ham plant began in the last half of 1966. causing the dislocation of the workers proceeding is assigned to be held on May In January 1967 production of leaf from the Lackawanna, N.Y. plant, Eaton 18,1967, at 10 a.m., e.d.s.t., In Room 211, springs for automobiles was transferred Universal Building, Connecticut and from Detroit to Chatham. Production at 1 “For purposes of determining whether Florida Avenues NW., Washington, D.C. Lackawanna is scheduled to be com­ the changes specified in section 302(b) have pletely transferred to Chatham by May taken place, it is necessary to determine both For fuller information, interested per­ 31,1967. a current period and a base period. It is be­ sons are referred to the prehearing con­ lieved that 3 to 4 recent consecutive months ference report served April 6, 1967, and Conclusions and determinations—Au­ would usually be representative of the cur­ other material contained in the docket tomotive product. The Board concludes rent period, and that the base period should of this proceeding on file with the Docket that the petitioners were employed in a be the model year 1964, except in cases where Section of the Civil Aeronautics Board. Plant of Eaton Yale & Towne, Inc., man­ this year is considered to be an atypical one. “With respect to the term ‘appreciably’ in Dated at Washington, D.C., May 2, ufacturing an automotive product, as de­ section 302(b), a change of S percent in pro­ 1967. fined by the Act: Leaf springs for use duction, imports, or exports would normally Primarily as original equipment in the be an appreciable one * * •» [seal] B arron F redricks, Hearing Examiner. assembly of motor vehicles (section 302 H.R. No. 537 (Committee on Ways and Means), 89th Cong., 1st Sess., on H.R. 9042, [F.R. Doc. 67-5111; Filed, May 5, 1967; fD (1), Act). pp. 21-22. 8:48 a.m.]

FEDERAL REGISTER, VOL., 32, NO. 88— SATURDAY, MAY 6, 1967 6992 NOTICES

[Docket No. 18317] cifically named islands in the surround­ the Honolulu-Guam nonstop operations of Pan American. LINEAS AEREAS DE NICARAGUA, S.A. ing areas; and (3) whether there is a need for interisland local air service be­ On November 17, 1966, Eastern Air Permit Renewal; Notice of Hearing tween American Samoa and the islands Lines, Inc. (Eastern), filed an applica­ in the Central and Western Pacific. In tion in Docket 17953 seeking authority Notice is hereby given pursuant to the connection with these issues, we believe Federal Aviation Act of 1958, as to operate from American Samoa to it would also be appropriate to consider Western Samoa, Fiji, Tonga, the Cook amended, that a hearing in the above- whether there is a related need for air Islands, and Tahiti. At the same time entitled proceeding is assigned to be service between Honolulu, on the one Eastern requested by motion that all is­ held on May 24, 1967, at 10 a.m. e.d.s.t.f hand, and American Samoa and points sues relating to service in and among in Room 211, Universal Building, Con­ in the Central and Western Pacific, on those points be severed from this pro­ necticut and Florida Avenues NW., the other. Washington, D.C. ceeding and set for expeditious con­ For fuller information, interested We have decided to include this latter sideration so that the severed portion persons are referred to the prehearing issue in this proceeding* because it will could be decided simultaneously with the conference report served April 25, 1967, give the Board the opportunity to con­ Transpacific Route Investigation. and other material contained in the sider whether a direct link between B rani if Airways, Inc., Pan American, docket of this proceeding on file with the Honolulu and these points will result in the Secretary of the Interior, and the Docket Section of the Civil Aeronautics greater economies of operation, in­ Territory of American Samoa filed an­ Board. creased traffic support, as well as the swers opposing the grant of Eastern’s possibility of improving service to the request. Upon consideration of the mat­ Dated at Washington, D.C., May 2, public by the elimination of the cir­ ters set forth in the various pleadings, 1967. cuity involved in the present service. the Board has decided that the instant [seal] Barron F redricks, For instance, in order to get to Honolulu investigation should include service is­ Hearing Examiner. from Majuro or Kwajalein in the Mar­ sues as to all of the island groups men­ shall Islands or Truk in the Caroline Is­ tioned in our order instituting this [F.R. Doc. 67-5112; Filed, May 5; 1967; lands, a passenger must first travel to investigation. Accordingly, Eastern’s mo­ 8:49 a.m.] Guam. This involves an expensive and tion will be denied. time-consuming back-haul which is ag­ Eastern has failed to show that sever­ [Docket No. 17353; Order No. E-25093] gravated by the lack of frequent inter­ ance of the issues concerning air service island service.4 PACIFIC ISLANDS LOCAL SERVICE to and from American Samoa and the With regard to a gateway for services islands in its area is warranted. Since the INVESTIGATION in the Western Pacific, for the present we service we envision hearing for the Cen­ Order Defining Scope of Proceeding have decided not to consider any pro­ tral and Western Pacific and between posals involving service beyond the that area and American Samoa is of the Adopted by the Civil Aeronautics previously defined area of this case. In same type we intend to hear with respect Board at its office in Washington, D.C., view of Pan American’s long-haul serv­ to the islands in American Samoa’s area on the 2d day of May 1967. ices which link Guam and various points of the Pacific, we feel that all of these By this order the Board is establishing in Asia, it would appear that Guam is issues can be best handled in the same the precise scope of the instant investi­ the logical gateway terminal for services proceeding, at least through the hearing gation which was instituted to determine in the Western Pacific. Furthermore, this stage. If, after the hearing, it appears the need for interisland local air services long-haul service should improve in the that severance is warranted, the parties in the South, Central, and Western future since additional service for Guam may so move at that time. Pacific.1 is at issue in the Transpacific Route In­ Finally, since the type of local service The area encompassed by this inves­ vestigation.® we envision may require some form of tigation covers a vast portion of the In order to maintain the focus of this financial support from the Government Pacific Ocean. In the Central and West­ case on the need for interisland local air of the United States, the Board will ex­ ern Pacific it includes the Palau, Mari­ service, we will require that any author­ pect the various parties to this proceed­ ana, Caroline, and Marshall Islands, ity obtained in this case for service be­ ing to direct their attention to this which comprise the U.S. Trust Terri­ tween Honolulu and Guam be subject matter. In view of the fact that a certain tories* and the Gilbert and Ellice Is­ to a two-stop restriction. Such a re­ measure of support is now being provided lands. In the South Pacific the points at striction will reduce the competitive im­ by the Government under the contract issue are American Samoa, Western pact of any new service authorized upon authorizing air service in the Trust Ter­ Samoa, New Hebrides, Fiji Islands, ritory and Guam, it would be appropriate Tonga Islands, and the Cook Islands. In to consider whether any or all of the addition, for the reasons set forth below, »Even though Pan American World Air­ services at issue require financial aid we believe this investigation should be ways, Inc. (Pan American), currently pro­ from the Government, and, if so, who expanded to Include consideration of vides service which links American Samoa and Honolulu and Guam and Honolulu, we should provide that support. service to Honolulu, Hawaii. are including these issues In this proceeding Since the various U.S. territories „in­ Specifically, as the Board now envisions since Pan American’s service may not be volved in this investigation are under this proceeding, it includes the following geared to the local needs of the various the jurisdiction of the Department of issues:,(1) Whether there is a need for islands In question. Similarly, we do not be­ Interior, we will make the Department interisland local air service in or among lieve that Inclusion of these Issues will dupli­ a party to this proceeding along with the previously identified islands in the cate matters already at issue in the Trans­ those territories. We will also include the Central and Western Pacific; (2) pacific Route Investigation, Docket 16242. Postmaster General as a party because whether there is a need for interisland The focus of that proceeding is on long-haul transportation requirements and not the there may be a need for improved mail local air service in the South Pacific area need for improved interisland local service, service between the various points at between American Samoa and the spe- the basic issue in the instant investigation. issue. In addition, in view of the many 4 Pursuant to a contract with the Trust defense installations in the area under 1 Order E-23740, May 25,1966. In that order Territory Government, Pan American pro­ Investigation, defense considerations may the Board noted that, after considering the vides Kwajalein, Majuro, and Truk with have an important bearing on this case. matter further, it would issue an appropriate weekly DC-4 service to Guam. Kwajalein is order defining the scope of this proceeding. more than one-third the distance between Accordingly, we will also make the De­ Insofar as they propose interisland local Guam and Honolulu which are 3,789 miles partment of Defense a party. service in the South, Central, and Western apart. In view of our action herein, we will Pacific, applications of Hawaiian Airlines, 6 Authority between Guam and Okinawa is provide an additional period of time for Inc. (Docket 17047, Corrected), and World one of the routes at issue. While this issue interested applicants to file amendedor Airways, Inc. (Docket 17036), were consol­ has not been included in this proceeding, the additional applications consistent with idated into this proceeding. Board may modify this decision, upon re­ * While Guam is part of the Mariana Is­ consideration, if such action is shown to be the scope of the investigation. If new fil­ lands, it is a U.S. Territory. warranted. ings are made, each applicant should file

FEDERAL REGISTER, VOL 32, NO. 88—-SATURDAY, MAY 6, 1967 NOTICES 6993 a composite application covering clearly pressor Station in Greene County, and specifically all of the relief sought in FEDERAL POWER COMMISSION Pa., and an existing delivery connection this proceeding. This procedure will ob­ [Docket No. CP67-307] and a measurement station at McKees­ viate the confusion resulting from con­ port, Pa. solidation of several separately filed ap­ CONSOLIDATED GAS SUPPLY CORP. Applicant also seeks authorization to plications or portions thereof and will relocate a measuring and regulating sta­ assist the parties, the examiner, and the Notice of Application tion at Petersburg, Ohio. Board in analyzing and considering the May 1, 1967. Applicant states that it has negotiated precise proposals of each applicant. Take notice that on April 24, 1967, a new long-term contract with Texas Accordingly, it is ordered, That: Consolidated Gas Supply Corp. (Appli­ Gas Transmission Corp. (Texas) provid­ 1. The scope of the instant investiga­ cant), 445 West Main Street, Clarks­ ing for delivery at Lebanon, Ohio, of tion be and it hereby is established to in­ burg, W. Va. 26301, filed in Docket No. 75,000 Mcf of natural gas per day begin­ clude the determination of whether the CP 67-307 an application pursuant to ning November 1, 1968, and increasing public convenience and necessity require, sections 7(b) and 7(c) of the Natural to 150,000 Mcf of natural gas per day be­ and, if so. which carrier or carriers Gas Act for permission and approval of ginning November 1,1969, and to 200,000 should be selected to provide: the Commission to abandon certain nat­ Mcf of natural gas per day beginning ural gas facilities and for a certificate November 1, 1970. Applicant and Texas (a) Interisland local air service among also plan to convert an existing trans­ and/or within the following groups of of public convenience and necessity au­ thorizing the construction, acquisition, portation service, now performed by Pacific Islands: Palau Islands, Mariana Texas, into a sale of 100,000 Mcf of nat­ Islands (including Guam), Caroline Is­ modification, and operation of certain natural gas facilities, all as more fully ural gas per day over the same period. lands, Marshall Islands, Gilbert Islands, Applicant estimates the total cost of and Ellice Islands; set forth in the application which is on file with the Commission and open to the proposed facilities, to be constructed (b) Interisland local air service be­ public inspection. over a 3-year period from 1968 through tween American Samoa, on the one hand, 1970, at approximately $35,415,036. Ap­ and the Fiji Islands, Western Samoa, Specifically, Applicant proposes the plicant further estimates the total cost Tonga Islands, Cook Islands, and New construction and operation of the follow­ of the facilities proposed to be acquired, Hebrides, and the islands listed in 1(a) ing facilities: as above described, at approximately above, on the other; (1) Approximately 165.7 miles of 26- $1,986,666. Applicant proposes to finance (c) Air service between Honolulu, Ha­ inch pipeline between Lebanon and the cost of the above-mentioned facili­ waii, on the one hand, and American Gilmore, Ohio, ties in part from funds generated by cur­ Samoa, and the islands listed in 1(a) (2) Approximately 77.2 miles of 30- rent operations and mainly through ad­ above, on the other; inch pipeline between Gilmore, Ohio, vances from its parent, Consolidated 2. Any authority awarded in this pro­ and Beaver, Pa., Natural Gas Co., on long-term notes. ceeding for service between Honolulu and (3) Approximately 13.5 miles of 26- Protests or petitions to intervene may Guam shall be subject to a restriction inch pipeline between its South Bend be filed with the Federal Power Commis­ requiring a minimum of two intermediate Compressor Station and Valley Junc­ sion, Washington, D.C. 20426, in accord­ stops; tion, Armstrong and Indiana Countries, ance with the rules of practice and pro­ 3. Applications, motions to consolidate Pa., cedure (18 CFR 1.8 or 1.10) and the applications, and motions or petitions (4) Approximately 4.6 miles of 26- regulations under the Natural Gas Act seeking modification or reconsideration inch pipeline between Mcllwain Junc­ (§ 157.10) on or before May 29, 1967. of this order shall be filed ho later than tion and its South Bend Compressor Take further notice that, pursuant to 20 days from the service date of this Station, Armstrong County, Pa., the authority contained in and subject order, and answers to such pleadings (5) Two new 6,000-horsepower com­ to the jurisdiction conferred upon the shall be filed no later than 10 days there­ pressor stations at Leabnon and Gil­ Federal Power Commission by sections after; more, Ohio, and 7 and 15 of the Natural Gas Act and the 4. The motion of Eastern Air Lines, (6) Two new measuring and regu­ Commission's rules of practice and pro­ Inc., for severance, consolidation, expedi­ lating stations and pipeline intercon­ cedure, a hearing will be held without tion, and simultaneous decision, filed No­ nections and to modify certain facilities further notice before the Commission vember 17, 1966, be, and it hereby is, in Ohio and Pennsylvania. on this application if no protest or peti­ denied; Applicant also seeks authorization to tion to intervene is filed within the time 5. This proceeding shall be set down acquire the following natural gas facil­ required herein, if the Commission on for hearing before an examiner of the ities from the East Ohio Gas Co. its own review of the matter finds that Board at a time and place hereafter (1) Approximately 34.9 miles of 24- a grant of the certificate and permission designated; inch pipeline between Summerfield and and approval for the proposed abandon­ 6. A copy of this order be served upon Gilmore, Ohio, and ment is required by the public conven­ the Department of Interior, the Depart­ (2) Approximately 0.9 mile of parallel ience and necessity. If a protest or peti­ ment of Defense, the Postmaster Gen­ 20-inch and 26-inch pipelines in Ma­ tion for leave to intervene is timely filed, eral, the Territory of American Samoa, honing County, Ohio. or if the Commission on its own motion the Trust Territory of the Pacific Islands, In this connection, Applicant proposes believes that a formal hearing is required, and the Territory of Guam, all of which to abandon certain off-system delivery further notice of such hearing will be are hereby made parties to the instant points into these pipelines as sales points duly given. investigation; and of Applicant. Under the procedure herein provided 7. A copy of this order also be served Applicant also seeks permission and for, unless otherwise advised, it will be upon Braniff Airways, Inc., Eastern Air ¡approval to abandon certain pipeline unnecessary for Applicant to appear or Lines, Inc., Hawaiian Airlines, Inc., Pan facilities, extending between its Hast­ be represented at the hearing. American World Airways, Inc., and ings Compressor Station, Wetzel County, J oseph H. Gutride, World Airways, Inc. W. Va., and the J. B. Tonkin Compressor Secretary. This order will be published in the Station, Westmoreland County, Pa., „ [F.R. Doc. 67-5064; Filed, May 5, 1967 Federal R egister. consisting of the following: 8:45 a.m.] (1) Approximately 98.8 miles of 12- By the Civil Aeronautics Board.® inch pipeline, and [Docket No. E—7044] [seal] Harold R. Sanderson, (2) Approximately 54.3 miles of 16- Secretary. inch and 20-inch pipeline, together with IOWA SOUTHERN UTILITIES CO. certain connecting lines and measuring [F.R. Doc. 67-5113; Piled, May 5, 1967; facilities related to these main lines. Notice of Application ' 8:49 a.m.] Applicant also seeks permission and M ay 1, 1967. •Attachment filed as part of the original approval to abandon the Tonkin Com­ Take notice that on April 19, 1967, an document. pressor Station and the Preston Com­ application was filed with the Federal FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6994 NOTICES Power Commission, pursuant to section is on file with the Commission and open services for which the above-mentioned 204 of the Federal Power Act, by Iowa to public inspection. natural gas was purchased; and Appli­ Southern Utilities Co. (Applicant) for Specifically, Applicant proposes to cant, therefore, requests the Commission authorization to issue and sell 7,104 ad­ transport approximately 1,350 Mcf of to grant permission and approval to ditional shares of its Common Stock, par natural gas on a peak day for fuel and abandon said sale if and when it grants value $10 per share, and to modify Ap­ shrinkage in a proposed new hydrocar­ same to Lone Star in Docket No. CP65- plicant’s Employee Stock Purchase Plan. bon extraction facility to be located ad­ 118etal. Applicant is incorporated under the laws jacent to the present Jasper Treating Protests or petitions to intervene may of the State of Delaware and qualified to Plant in Pecos County, Tex. The applica­ be filed with the Federal Power Commis­ do business as a foreign corporation in tion states that the extraction plant and sion, Washington, D.C. 20426, in accord­ the State of Iowa, with its principal appurtenant facilities will be constructed ance with the rules of practice and pro­ place of business being located in Center­ without Commission authorization as cedure (18 CFR 1.8 or 1.10) and the reg­ ville, Iowa. provided in § 2.55(a) of the Commission’s ulations under the Natural Gas Act Applicant proposes to issue and sell rules of practice and procedure. (§ 157.10) on or before May 29, 1967. to its employees up to but not exceeding Protests or petitions to intervene may Take further notice that, pursuant to 7,104 additional shares of its Common be filed with the Federal Power Commis­ the authority contained in and subject Stock, par value $10 per share, in ac­ sion, Washington, D.C. 20426, in accord­ to the jurisdiction conferred upon the cordance with the terms and conditions ance with the rules of practice and pro­ Federal Power Commission by sections 7 of its modified Employee Stock Purchase cedure (18 CFR 1.8 or 1.10) arid the reg­ and 15 of the Natural Gas Act and the Plan, a copy of which is filed as an ex­ ulations under the Natural Gas Act Commission’s rules of practice and pro­ hibit to its application. The sales will be (157.10) on or before May 29, 1967. cedure, a hearing will be held without made through payroll deductions, and Take further notice that, pursuant to further notice before the Commission on request is made for exemption from the the authority contained in and subject this application if no protest or petition competitive bidding requirements of to the jurisdiction conferred upon the to intervene is filed within the time re­ § 34.1a (b) and (c) of the regulations Federal Power Commission by sections quired herein, if the Commission on its under the Federal Power Act. Applicant 7 and 15 of the Natural Gas Act and the own review of the matter finds that per­ states that the net proceeds realized from Commission’s rules of practice and pro­ mission and approval for the proposed the sale of the 7,104 additional shares of cedure, a hearing will be held without abandonment is required by the public its Common Stock dedicated to the Em­ further notice before the Commission on convenience and necessity. If a protest ployee Stock Purchase Plan is estimated this application if no protest or petition or petition for leave to intervene is timely at approximately $668,000. to intervene is filed within the time re- filed, or if the Commission on its own The modifications in the Employee is timely filed, or if the Commission on its motion believes that a formal hearing is Stock Purchase Plan are as follows: (1) own review of the matter finds that a required, further notice of such hearing The price per share of Common Stock of grant of the certificate is required by the will be duly given. the Company purchased under the Plan public convenience and necessity. If a Under the procedure herein provided is 90 percent (rather than 95 percent) of protest or petition for leave to intervene for, unless otherwise advised, it will be the market bid price on June 15 and De­ is timely filed, or if the Commission on its unnecessary for Applicant to appear or cember 15 of each year as published in own motion believes that a formal hear­ be represented at the hearing. the Midwest edition of the Wall Street ing is required, further notice of such Joseph H. Gutride, Journal, but not less than the par value hearing will be duly given. Secretary. of the stock, and (2) the payroll deduc­ Under the procedure herein provided [F.R. Doc. 67-5067; Filed, May 5, 1967; tions for the purchase of stock may be for, unless otherwise advised, it will be 8:45 a.m.] mavimnm of 20 percent (rather than 10 unnecessary for Applicant to appear or percent) of the employee’s regular pay be represented at the hearing. [Docket No. CP67-306] base. J oseph H. G utride, Any person desiring to be heard or to Secretary. TEXAS EASTERN TRANSMISSION make any protests with reference to said [F.R. Doc. 67-5066; Filed, May 5, 1967; CORP. application should on or before May 18, 8:45 a.m.] 1967, file with the Federal Power Com­ Notice of Application mission, Washington, D.C. 20426, peti­ tions or protests in accordance with the M ay 1,1967. requirements of the Commission’s rules [Docket No. CP67-305] Take notice that on April 24, 1967, of practice and procedure (18 CFR 1.8 or TEXAS EASTERN TRANSMISSION Texas Eastern Transmission Corp. (Ap­ 1.10). The application is on file and avail­ CORP. plicant) , Post Office Box 2521, Houston, able for public inspection. Tex. 77001, filed in Docket No. CP67-306 Notice of Application an application pursuant to section 7(b) J oseph H. Gutride, of the Natural Gas Act for perm ission May Secretary. 1, 1967. and approval of the Commission to aban­ [FJR. Doc. 67-6066; Filed, May 5, 1967; Take notice that on April 24, 1967, don certain natural gas sales, all as more 8:46 a.m.] Texas Eastern Transmission Corp. (Ap­ fully set forth in the application which plicant) , Post Office Box 2521, Houston, is on file with the Commission and open Tex. 77001, filed in Docket No. CP67-305 to public inspection. [Docket No. CP67-304] an application pursuant to section 7(b) Specifically, Applicant seeks permis­ of the Natural Gas Act for permission sion and approval of the C om m ission to NORTHERN NATURAL GAS CO. and approval of the Commission to aban­ abandon its sale to Lone Star G athering don certain natural gas sales, all as more Notice of Application Co. (Lone Star) from the Kawitt Field, fully set forth in the application which Karnes and De Witt Counties, T exas, au­ May 1, 1967. is on file with the Commission and open thorized in Docket No. CP63-193. Appli­ Take notice that on April 2\, 1967, to public inspection. cant states that the purchaser, Lone Northern Natural Gas Co. (Applicant), Specifically, Applicant seeks permis­ Star, has filed an application for per­ 2223 Dodge Street, Omaha, Nebr. 68102, sion and approval of the Commission to mission and approval to abandon its fa­ filed in Docket No. CP67-304 an appli­ abandon its sale to Lone Star Gathering cilities and services for which the above- cation pursuant to section 7(c) of the Co. (Lone Star) from the Kawitt Field, mentioned natural gas was purchased; Natural Gas Act for a certificate of public Karnes, and De Witt Counties, Tex., au­ and Applicant, therefore, requests the convenience and necessity authorizing thorized in Docket No. CP63-192. Appli­ Commission to grant permission and ap­ the transportation of n atu ral gas cant states that the purchaser, Lone Star, proval to abandon said sale if and when through existing facilities, all as more has filed an application for permission it grants same to Lone Star in Docket fully set forth in the application which and approval to abandon its facilities and No. CP65-118 et al.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 NOTICES 6995

Protests or petitions to intervene may capacity of 200,000 Mcf of natural gas Sarnia and Detroit-Windsor, the Inter­ be filed with the Federal Power Com­ per day in its system: national Joint Commission, Room B-208, mission, Washington, D.C. 20426, in ac­ (a) 44.38 miles of 30-lnch loop pipe­ 1711 New York Avenue NW., Washington, cordance with the rules of practice and line in Louisiana, Kentucky, and In­ D.C. 20440, and Room 303, 75 Albert procedure (18 CFR 1.8 or 1.10) and the diana, Street, Ottawa, Ontario, Canada, will regulations under the Natural Gas Act (b) 45.73 miles of 36-inch loop pipe­ conduct initial public hearings at the (§ 157.10) on or before May 29, 1967. line in Arkansas, Louisiana, Mississippi, times and places listed hereunder. Take further notice that, pursuant to and Tennessee, On September 23, 1966, the Govern­ the authority contained in and subject (c) 118,000 compressor horsepower, ments of Canada and the United States to the jurisdiction conferred upon the and requested the Commission to inquire Federal Power Commission by sections 7 (d) One meter station; into and report to them upon the follow­ and 15 of the Natural Gas Act and the and, ing questions: Commission’s rules of practice and pro­ (2) To remove the restriction as to the (1) Is the air over and in the vicinity cedure, a hearing will be held without use of certain natural gas gathering fa­ of Port Huron-Samia and Detroit- further notice before the Commission on cilities heretofore imposed by the Com­ Windsor being polluted on either side this application if no protest or petition mission, in Docket No. G-17335 et al., of the international boundary by quan­ to intervene is filed within the time re­ which prohibited the use of said facilities tities of air contaminants that are detri­ quired herein, if the Commission on its for purposes other than transportation mental to the public health, safety, or own review of the matter finds that per­ service certificated therein. general welfare of citizens or property on mission and approval for the proposed Applicant also seeks permission and the other side of the international abandonment is required by the public approval of the Commission to abandon boundary? convenience and necessity. If a protest or the 100,000 Mcf per day of natural gas (2) If the foregoing question or any petition for leave to intervene is timely transportation service now being ren­ part thereof is answered in the affirma­ filed, or if the Commission on its own dered by it for Consolidated by convert­ tive, what sources are contributing to motion believes that a formal hearing is ing same, in three increments, into a this pollution and to what extent? required, further notice of such hearing sales service. (3) (a) If the Commission should will be duly given. Applicant estimates the total cost of find that any sources on either side of the Under the procedure herein provided the proposed project at approximately boundary in the vicinity of Port Huron- for, unless otherwise advised, it will be $35,596,365, said cost to be financed by Samia and Detroit-Windsor contribute unnecessary for Applicant to appear or the issuance of long-term-debt securities. to air pollution on the other side of the be represented at the hearing. Protests or petitions to intervene may boundary to an extent detrimental to the J oseph H. Gutride, be filed with the Federal Power Commis­ public health, safety, or general welfare Secretary. sion, Washington, D.C. 20426, in accord­ of citizens or property, what preventive [F.R. Doc. 67-5068; Plied, May 5, 1967;_ ance with the rules of practice and pro­ or remedial measures would be most 8:45 a.m.] cedure (18 CFR 1.8 or 1.10) and the practical from economic, sanitary, and regulations under the Natural Gas Act other points of view? [Docket No. CP67-308] (§ 157.10) on or before May 29, 1967. (b) The Commission should give an Take further notice that, pursuant to indication of the probable total cost of TEXAS GAS TRANSMISSION CORP. the authority contained in and subject implementing the measures recom­ Notice of Application to the jurisdiction conferred upon the mended. Federal Power Commission by sections The purpose of the hearings is to give May 1,1967. 7 and 15 of the Natural Gas Act and the all those interested convenient oppor­ Take notice that on April 24, 1967, Commission’s rules of practice and pro­ tunity to present testimony and evidence Texas Gas Transmission Corp. (Appli­ cedure, a hearing will be held without to the Commission concerning the above cant), Post Office Box 1160, Owensboro, further notice before the Commission questions and regarding any preventive Ky. 42301, filed in Docket No. CP67-308 on this application if no protest or peti­ or remedial measures now in effect or an application pursuant to sections 7(b) tion to intervene is filed within the time planned for the future. Evidence pre­ and 7(c) of the Natural Gas Act for per­ required herein, if the Commission on sented will be considered by the Com­ mission and approval of the Commission its own review of the matter finds that a mission and its advisers in formulating to abandon certain natural gas trans­ grant of the certificate and permission a report and recommendations to the two portation services and for a certificate of and approval for the proposed abandon­ Governments. public convenience and necessity au­ ment is required by the public conven­ Oral statements will be heard but, for thorizing the construction and operation ience and necessity. If a protest or peti­ accuracy of the record, all important of certain natural gas facilities, the sale tion for leave to intervene is timely filed, facts and arguments should be submit­ of natural gas for resale in interstate or if the Commission on its own motion ted in writing. Written submissions, commerce and the removal of a restric­ believes that a formal hearing is re­ where possible, should be filed with the tion on the use of certain natural gas quired, further notice of such hearing Secretaries ten (10) days prior to the gathering facilities, all as more fully set will be duly given. hearing. Fifty (50) copies should be pro­ forth in the application which is on file Under the procedure herein provided vided. with the Commission and open to public for, unless otherwise advised, it will be Dates and places of hearings: inspection. unnecessary for Applicant to appear or Specifically, Applicant seeks authority be represented at the hearing. Date Time Place to sell to Consolidated Gas Supply Corp. J oseph H. Gutride, (a.m.) (Consolidated), on a firm basis, quan­ Secretary. tities of natural gas increasing during [F.R. Doc. 67-5069; Filed, May 3, 1967; June 20,1967. 9:30 Henry McMorran Memorial the period November 1, 1968, to Novem­ Auditorium, Port Huron, 8:45 a.m.] Mich. ber l, 1970, in three increments of con­ June 21,1967. 9:30 Cleary Auditorium, Windsor, tract demand from 112,500 Mcf of nat­ Ontario. ural gas per day to 300,000 Mcf of natural gas per day. Applicant states that the INTERNATIONAL JOINT COMMIS­ W illiam A. B ullard, Proposed service is to meet the estimated Secretary, United States Sec­ increase in natural gas requirements of SION-UNITED STATES AND tion, International Joint Consolidated and Applicant proposes to Commission. commence such service November 1,1968. D. G. Chance, . To initiate the above-proposed serv­ CANADA Secretary, Canadian Section, ice, Applicant also seeks authorization AIR POLLUTION for the following: International Joint Commission. (1) To construct and operate, over a Public Hearings May 1, 1967. 4-year period, the following natural gas In the course of its investigation of air [F.R. Doc. 67-5071; Filed, May 5, 1967; facilities to provide an additional firm pollution in the vicinity of Port Huron- 8:45 ajn.] FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 6996 NOTICES

For the Commission (pursuant to dele­ [File No. 0-592] SECURITIES AND EXCHANGE gated authority). PAKCO COMPANIES, INC. [SEAL] ORVAL Lu DUBOIS, COMMISSION Secretary. Order Suspending Trading [811-1264] [F.R. Doc. 67-5081; Filed, May 5, 1967; May 2,1967. AMERICAN EQUITIES FUND, INC. 8:46 a.m.] It appearing to the Securities and Ex­ Notice of Proposal To Terminate change Commission that the summary [File No. 1-3421] suspension of trading in the common Registration stock of Pakco Cos., Inc., and all other M ay 1 ,1 9 6 7 . CONTINENTAL VENDING MACHINE securities of Pakco Cos., Inc., being traded Notice is hereby given that the Securi­ CORP. otherwise than on a national securities exchange is required in the public in­ ties and Exchange Commission proposes, Order Suspending Trading pursuant to section 8(f) of the Invest­ terest and for the protection of investors; ment Company Act of 1940 (“Act”), to May 2, 1967. It is ordered, Pursuant to section 15 declare by order upon its own motion It appearing to the Securities and Ex­ (c) (5) of the Securities Exchange Act that American Equities Fund, Inc. change Commission that the summary of 1934, that trading in such securities (“Fund”), 331 West Silver Spring Drive, suspension of trading in the common otherwise than on a national securities Milwaukee, Wis. 53217, a Delaware cor­ stock, 10 cents par value of Continental exchange be summarily suspended, this poration which registered under the Act Vending Machine Corp., and the 6 per­ order to be effective for the period May on May 20, 1964 as an open-end diversi­ cent convertible subordinated debentures 3, 1967, through May 12, 1967, both dates fied management investment company, due September 1, 1976, being traded inclusive. has ceased to be an investment company. otherwise than on a national securities By the Commission. The Commission has been informed by exchange is required in the public inter­ [seal] Orval L. D uBois, letter from the President of the Fund est and for the protection of investors; Secretary. that all outstanding certificates have It is ordered, Pursuant to section 15(c) (5) of the Securities Exchange Act of [F.R. Doc. 67-5084; Filed, May 5, 1967; been redeemed and that no assets remain 8:46 a.m.] to be distributed. 1934, that trading in such securities Section 8(f) of the Act provides, in otherwise than on a national securities pertinent part, that when the Commis­ exchange be summarily suspended, this PINAL COUNTY DEVELOPMENT order to be effective for the period May sion, on its own motion, finds that a ASSOCIATION registered investment company has 3,1967, through May 12,1967, both dates ceased to be an investment company, it inclusive. Order Suspending Trading shall so declare by order, that upon the By the Commission. M ay 2, 1967. taking effect of such order, the registra­ tion of such company shall cease to be in [ seal] Orval L. DtrBois, It appearing to the Securities and Ex­ effect, and that, if necessary for the pro­ Secretary. change Commission that the summary tection of investors, such order may be [F.R. Doc. 67-5082; Filed, May 5, 1967; suspension of trading in the 5"% percent 8:46 a.m.] Industrial Development Revenue Bonds made upon appropriate conditions. of Pinal County Development Associa­ Notice is further given that any inter­ tion due April 15, 1989, otherwise than ested person may, not later than May 26, [File No. 1-1686] on a national securities exchange is re­ 1967, at 5:30 p.m., submit to the Com­ quired in the public interest and for the mission in writing a request for a hearing LINCOLN PRINTING CO. protection of investors; on the matter accompanied by a state­ Order Suspending Trading It is ordered, Pursuant to section 15 ment as to the nature of his interest, the (c) (5) of the Securities Exchange Act reason for such request, and the issues of May 2, 1967. of 1934 that trading in such bonds be fact or law proposed to be controverted, The common stock, 50 cents par value, summarily suspended, this order to be or he may request that he be notified if and the $3.50 cumulative preferred effective for the period May 3, 1967, the Commission shall order a hearing stock, no par value, of Lincoln Printing through May 12, 1967, both dates thereon. Any such communication should Co., being listed and registered on the inclusive. be addressed: Secretary, Securities and Midwest Stock Exchange pursuant to By the Commission. Exchange Commission, Washington, D.C. the provisions of the Securities Exchange 20549. A copy of such request shall be Act of 1934 and the 8 percent convertible [seal] Orval L. DuBois, debenture bonds due March 13, ,1968, Secretary. served personally or by mail (airmail if being traded otherwise than on a na­ [F.R. Doc. 67-5085; Filed, May 5, 1967; the person being served is located more tional securities exchange; and 8:47 am.] than 500 miles from the point of mailing) It appearing to the Securities and Ex­ upon the Fund at the address set forth change Commission that the summary above. Proof of such service (by affidavit suspension of trading in such securities [File No. 1-4407] or in case of an attorney-at-law by cer­ on such Exchange and otherwise than on SPORTS ARENAS, INC. a national securities exchange is re­ tificate) shall be filed contemporaneously quired in the public interest and for the Order Suspending Trading with the request. At any time after said protection of investors; M ay 2, 1967. date, as provided by Rule 0-5 of the rules It is ordered, Pursuant to sections 15 and regulations under the Act, an order (c)(5) and 19(a)(4) of the Securities It appearing to the Securities and Ex­ Exchange Act of 1934, that trading in change Commission that the summary disposing of the matter may be issued suspension of trading in the common by the Commission upon the basis of the such securities on the Midwest Stock Exchange and otherwise than on a na­ stock, 1 cent par value of Sports Arenas, information stated in this notice, unless tional securities exchange be summarily Inc., and the 6 percent convertible de­ an order for hearing upon this matter suspended, this order to be effective for bentures being traded otherwise than shall be issued upon request or upon the the period May 3, 1967, through May 12, on a national securities exchange is re­ Commission’s own motion. Persons who 1967, both dates inclusive. quired in the public interest and for the protection of investors; request a hearing or advice as to whether By the Commission. It is ordered, Pursuant to section a hearing is ordered, will receive notice [seal] Orval L. D uB ois, 15(c) (5) of the Securities Exchange Act of further developments in this matter, Secretary. of 1934, that trading in such securities including the date of the hearing (if [F.R. Doc. 67-5083; Filed, May 5, 1967; otherwise than on a national securities ordered) and any postponements thereof. 8:46 a.m.] exchange be summarily suspended, this

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 NOTICES 6997 order to be effective for the period Colorado Springs, Colo.; 2302 North Wah- May 3,1967, through May 12, 1967, both DEPARTMENT OF LABOR satch, Colorado Springs, Colo.; 6000 East 64th dates inclusive. Avenue, Commerce City, Colo.; 3100 South Wage and Hour Division Sheridan Boulevard, Denver, Colo.; Port Mor­ By the Commission. gan, Colo.; Lamar, Colo.; 1018 Constitution CERTIFICATES AUTHORIZING EM­ Road, Pueblo, Colo.; 1153 South Prairie, [seal] Orval L. D uB ois, PLOYMENT OF FULL-TIME STU­ Pueblo, Colo.; 303 North Broadway, Abilene, Secretary. Kans.; Dodge City, Kans.; Goodland, Kans.; DENTS WORKING OUTSIDE OF [PR. Doc. 67-5086; Piled, May 5, 1967; Great Bend, Kans.; 1103 Main Street, Hays, 8:47 a.m.] SCHOOL HOURS AT SPECIAL MIN­ Kans.; 1303 North Main, Hutchinson, Kans.; IMUM WAGES IN RETAIL OR SERV­ 723 North Washington, Junction City, Kans.; 417 Broadway, Larned, Kans.; 943 Massachu­ ICE ESTABLISHMENTS OR IN AGRI­ setts Street, Lawrence, Kans.; 320 Poyntz UNDERWATER STORAGE, INC. CULTURE Avenue, Manhattan, Kans.; McPherson, Order Suspending Trading Kans.; 213 South Main, Pratt, Kans.; 1209 Notice 4s hereby given that pursuant West Crawford Street, Salina, Kans.; 921 May 2, 1967. to section 14 of the Fair Labor Standards North Kansas Avenue, Topeka, Kans.; 3913 It appearing to the Securities and Ex­ Act of 1938 (52 Stat. 1060, as amended, West 21st Street, Topeka, Kans.; 8955 West 20 U.S.C. 201 et seq.), the regulation on Central, Wichita, Kans.; 2425 West 13th change Commission that the summary Street, Wichita, Kans. suspension of trading in the common employment of full-time students (29 CFR, Part 519), and Administrative O. K. Fairbanks Corp., food stores from stock of Underwater Storage, Inc., other­ 4-3-67 to 3-13-68: 84 Marlboro Street, Keene, wise than on a national securities ex­ Order No. 595 (31 F.R. 12981), the estab­ N.H.; 480 West Street, Keene, N.H. change is required in the public interest lishments listed in this notice have been Fauerbach Fine Foods, Inc., food store; 1864 and for the protection of investors; issued special certificates authorizing Monroe Street, Madison, Wis.; 4-17-67 to the employment of full-time students 4-16-68. It is ordered, Pursuant to section working outside of school hours at hourly Foodland Super Market, food stores from 15(c) (5) of the Securities Exchange Act wage rates lower than the minimum wage 4-11-67 to 4-10-68: Nos. 4, 6, and 8, Sioux of 1934, that trading in such securities rates otherwise applicable under section Falls, S. Dak. otherwise than on a national securities Edmund Golomb, agriculture; Rural De­ exchange be summarily suspended, this 6 of the act. The effective and expiration livery 1, Berwick, Pa.; 3-28-67 to 3-27-68. order to be effective for the period May dates are as indicated below. The mini­ F & F Food Store, Inc., food store; 85 Broad 3,1967, through May 12,1967, both dates mum certificate rates are not less than Street SW., Atlanta, Ga.; 3-3-67 to 3-2-68. 85 percent of the applicable statutory Goudchaux’s, department store; 1500 Main inclusive. minimum. Street, Baton Rouge, La.; 4-3-67 to 4-2-68. By the Commission. The following certificates provide for Grebe’s Bakeries, Inc., bakery store; 601 West Mitchell Street, Milwaukee, Wis.; 4—13— [seal] Orval L. D uB ois, an allowance not to exceed the propor­ 67 to 4-12-68. Secretary. tion of the total hours worked by full­ Hanes & Combs, Inc., agriculture; Lexing­ [F.R. Doc. 67-5087; Piled, May 5, 1967; time students at rates below $1 an hour ton, Ky.; 3-1-67 to 2-29-68. 8:47 a.m.] to the total number of- hours worked by Harold W. Hardy Super Market, Inc., food all employees in the establishment dur­ store; Shepherdsville, Ky.; 2-13-67 to 2-12-68. ing the base period in occupations of the Heilmans, Inc., variety store; 2202 Central [File No. 1-4371] same general classes in which the estab­ Avenue, Kearney, Nebr.; 4-1-67 to 3-31-68. Hogan’s Super Market, food store; 2936 WESTEC CORP. lishment employed full-time students at Cypress Street, West Monroe, La.; 2-20-67 to wages below $1 an hour In the base 1-31-68. Order Suspending Trading period. Independent Food Center, Inc., food store; 5913 Avenue D, Fairfield, Ala.; 2-20-67 to May 2, 1967. Allen’s Market, Inc., food store; Second Avenue and Sixth Street, Amory, Miss.; 2-21- 1- 31-68. The common stock, 10 cents par value, 67 to 1-31-68. Jenny Lee Bakery, bakery store; 219 Forbes of Westec Corp., being listed and regis­ W. R. Angle & Co., Inc., food store; 25 East Avenue, Pittsburgh, Pa.; 3-6-67 to 12-14-67 tered on the American Stock Exchange Main Street, Christiansburg, Va.; 3-14-67 (replacement). pursuant to provisions of the^Securities to 3-13-68. Johnson’s Super Market, food store; Moun­ tain Home, Ark.; 2-12-67 to 2-11-68. Exchange Act of 1934 and all other secu­ B & S Grocery, food store; 319 West 12th Johnston the Florist, agriculture; 531 rities of Westec Corp., being traded Street, Tifton, Ga.; 3-24^-67 to 3-23-68. Locust Street, McKeesport, Pa.; 3-20-67 to otherwise than on a national securities H. Butrus Super Market, food store; 4301 3-28-68. exchange; and 10th Avenue North, Birmingham, Ala.; Kaufman’s, apparel store; 1040 Main Street, 2- 1-67 to 1-31-68. Wheeling, W. Va.; 4-1-67 to 3-31-68. It appearing to the Securities and Ex­ Central Park Super Market, food store; 5728 change Commission that the summary Kelley’s Super Market, food store; Para- Avenue O, Birmingham, Ala.; 3-23-67 to gould, Miss.; 3-6-67 to 3-5-68. suspension of trading in such securities 3- 22-68. Kramer’s Department Store, department on such Exchange and otherwise than on Charming Shoppes of Norristown, Inc., store; 121 West Main Street, Wallace, N.C.; a national securities exchange is required apparel store; 8 East Main Street, Norristown, 3- 23-67 to 3-22-68. Pa.; 3-31-67 to 3-30-68. Kuhn’s Variety Store, variety stores from in the public interest and for the pro­ Glenn W. Clay, agriculture; Carlisle, Ky.; 4- 13-67 to 4-12-68: 118 Fifth Street, Murray, tection of investors; 3-7-67 to 3-6-68. Ky.; Main and Third Streets, Russellville, Ky.; It is ordered, Pursuant to sections 15 Coker’s Pedigreed Seed Co., agriculture; Waldron Street and Public Square, Corinth, 1221 Carolina Avenue, Hartsville, S.C.; Miss.; 401 West Main Street,. Tupelo, Miss.; (0(5) and 19(a)(4) of the Securities 3-20-67 to 3-19-68. 124 Franklin Street, Clarksville, Tenn.; 129 Exchange Act of 1934, that trading in Cornerstone Farm and Gin Co., agriculture; Main Street, Dickson, Tenn.; 109 South Elk such securities on the American Stock Pine Bluff, Ark.; 3-1-67 to 2-29-68. Street, Fayetteville, Tenn.; Natchetz Trace Crest Stores Co., variety store; 1620 South Drive, Lexington, Tenn.; 4816 Charlotte Road, Exchange and otherwise than on a na­ Boulevard, Charlotte, N.C.; 3-10-67 to 3-9-68. Nashville, Tenn.; Public Square, Pulaski, tional securities exchange be summarily De Mar’s, Inc., apparel store; 6101 West Tenn.; East Lincoln Street, Tullahoma, Tenn. suspended, this order to be effective for Cermak Road, Cicero, 111.; 3-1-67 to 2-28-68. Kreher’s Poultry Farm, agriculture; 11066 Denton’s Supermarket, food store; Acworth Main Street, Clarence, N.Y.; 3-29-67 to 3- the period May 3, 1967, through May 12, Road, Dallas, Ga.; 3-1-67 to 2-29-68. 28-68. 1967, both dates inclusive. Downtown Supermarket, food store; Monti- E. G. Larson, agriculture; Friars Point, cello, Ky.; 3-3-67 to 3-2-68. Miss.; 3-1-67 to 2-29-68. By the Commission. Drake-Mangrum Super Market, food store; Leader Store, department store; 41 West [seal] Orval L. D uBois, Batesville, Miss.; 2-16-67 to 2-15-68. Broad Street, Hazleton, Pa.; 4-14-67 to 4— Secretary. Duckwall Stores, Inc., variety stores from 13-68. 3-31-67 to 3-30-68 : 2422 West Colorado Ave­ Lee County Hospital, hospital and nursing [P.R. Doc. 67-5088; Piled, May 5, 1967; nue, Colorado Springs, Colo.; 330 Main Colo­ home; 2000 Pepperall Parkway, Opelika, Ala.; 8:47 a.m.] rado Springs, Colo.; 2331 East Platte Avenue, 2- 1-67 to 1-31-68.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 No. 88-----0 6998 NOTICES

Upton’s, Inc., apparel store; 50 Broad Chicago, IU. (4-6-67 to 4-5-68); No. 1216, base-year records. The certificates per­ Street, Bloomfield, N.J.; 3-30-67 to 3-29-68. Chicago, IU.; No. 1259, Chicago, IU.; No. mit the employment of full-time stu­ M.F.A. Central Cooperative, food store; 1261, Chicago, HI. (4-6-67 to 4-5-68); No. dents at rates of not less than 85 per­ Morgan and Lafayette Streets, Marshall, Mo.; 1305, Chicago, HI. (4-5-67 to 4r-4-68); No. 1404, Chicago, HI. (4-6-67 to 4-5-68); cent of the statutory minimum in the 4-7-67 to 4-6-68 (replacement). classes of occupations listed, and pro­ Monroe Manor Nursing Home, nursing No. 1414, Chicago, IU. (4-6-67 to 4-5-68); home; 236 West Claiborne Street, Monroe­ No. 1425, Chicago, IU.; No. 1431, Chicago, HI. vide for the indicated limitations on the ville, Ala.; 3-7-67 to 3-6-68. (4-5-67 to 4-4-68); No. 1447, Chicago, IU,; percentage of full-time student hours of No. 1523, Chicago, IU. (4-5-67 to 4-4-68); No. Myatt. Brothers Pood Store, food store; employment at rates below the appli­ Ohio Avenue at Bay Street, Purvis, Miss.; 1630, Chicago, IU. (4-6-67 to 4-5-68); cable statutory minimum to total hours No. 1656, Chicago, IU. (4-6-67 to 4-5-68); No. of employment of all employees. 2-1-67 to 1-31-68. 1748, Chicago, IU (4-6-67 to 4-5-68); No. 1847, Neisner Brothers, Inc., variety store; No. Chicago, IU. (4-5-67 to 4-4r-68); No. 1870, Arnold’s Food Market, Inc., food store; 14 167, Cutler Ridge, Fla.; 3-6-67 to 3—5-68. Chicago, 111. (4—5—67 to 4-4-68); Nos. 1904, North Baltimore Avenue, Mount Holly Newtons Red & White Super Market, food 1910, Chicago, IU.; No. 2066, Chicago, IU. Springs, Pa.; bagger; 7.5 percent for any store; 120 East Wilson Street, Farmville, N.C.; (4-5-67 to 4r-4—68); No. 2436, Chicago, 111.; month; 4^-13-67 to 4-12-68. 2- 27-67 to 2-26-68. No. 93, Decatur, 111. (4-8-67 to 4r-7-68); No. Bashas Market, food store; 1342 East Main Park-N-Save, food store; Route No. 725 369, Danville, HI.; No. 726, Dixon, HI. (4-14- Street, Mesa, Ariz.; carryout, Janitor; 10 per­ West, Germantown, Ohio; 4-11-67 to 4-10-68. 67 to 4-13-68); No. 195, Elgin, IU. (4-5-67 to cent for each month; 3-20-67 to 3-19-68. Park 'N Shop Pood Mart, Inc., food stores: 4-4-68); No. 1781, Elmhurst, IU. (4-5-67 Big K Department Store, department stores 301 Robeson Street, Fayetteville, N.C. (3-1- to 4—4-68); No. 357, Evanston, IU.; No. 1871, from 4-13-67 to 4-12-68, salesclerk, stock 67 to 2-29—68); Broad Street, St. Pauls, N.C. Glen Ellyn, HI. (4-5-67 to 4-4-68); No. 2343, clerk, clerical, 15.9 percent for each month (2—24—67 to 2-23-68). Glen Ellyn, IU. (4-8-67 to 4-7-68); No. 1845, except as otherwise indicated: Athens, Ala. Piggly Wiggly, Inc., food stores from 3-2—67 Highland Park, IU. (4-7-67 to 4-6-68) ; No. (6.4 percent for each month); Sheffield, Ala. to 3—1—68 except as otherwise indicated: 201 89, Hillside, HI.; No. 318, Jacksonville, IU.; (6.4.percent for each month); Fort Camp­ Kirkland Street, Abbeville, Ala.; Aliceville, No. 82, Joliet, 111.; No. 2103, Loves Park, bell Boulevard, Hopkinsville, Ky. (24.7 per­ Ala. (2-20-67 to 1-31-68); 501 Claxton Street, IU. (4-5-67 to 4-4-68); No. 1546, Melrose cent for each month); Highway 41 South, Elba, Ala.; 138 South Randolph Street, Eu- Park, IU. (4-6-67 to 4-5-68); No. 308, Moline, Madisonville, Ky. (24.7 percent for each faula, Ala.; 806 North Water Street, Geneva, IU. (4r-5—67 to 4-4-68); No. 283, Norridge, HI. m onth); Cookeville, Tenn.; Nashville, Tenn.; Ala.; 213 Cedar Street, Greenville, Ala.; 314 (4-7-67 to 4-6-68); No. 1413, Oak Park, IU. Shelbyville, Tenn. Forrest Avenue, Luveme, Ala.; 109 East (4^5-67 to 4-4—68); No. 78, Peoria, IU. (4-7- Cherry & Webb Co., apparel stores from Avenue, Ozark, Ala.; 129—31 East Main Street, 67 to 4-6-68); No. 116, Quincy, HI.; No. 163, 4-11-67 to 4-10-68, clerk, salesclerk, stock Samson, Ala.; 212 South 3 Notch Street, Troy, Rockford, IU.; No. 1313, Rockford, IU.; No. clerk, wrapper; 1 percent for each month: Ala.; No. 46, Bambery, S.C. (3-14-67 to 3—IS­ 259, Rock Island, HI.; No. 63, Springfield, 139 South Main Street, Fall River, Mass.; 237 OS); New Boston, Tex. (2-27-67 to 2-26-68). IU.; No. 333, Waukegan, HI.; No. 2168, Wau­ Essex Street, Lawrence, Mass.; 107 Merri­ Rex Hospital, hospital; 1311 St. Mary’s kegan, 111. (4r-5—67 to 4-4-68); No. 1663, mack Street, Lowell, Mass.; 814 Purchase Street, Raleigh, N.C.; 3-27-67 to 3-26-68. Woodstock, IU. (4-5-67 to 4-4-68); No. 307, Street, New Bedford, Mass.; Barrington, R.I.; Mrs. Arthur H. Seedorf, agriculture; 170 Anderson, Ind. (4-3-67 to 4-2-68); No. 1218, 181 Bellevue Avenue, Newport, R.I.; 275 French Road, West Seneca, N.Y.; 3-27-67 to Bloomington, Ind.'(4-3-67 to 4-2-68); No. Westminster Mall, Providence, R.I.; Midland 3- 26-68. 290, Fort Wayne, Ind. (4-3-67 to 4-2-68); Mall, Warwick, R.I. Arthur E. Snyder, agriculture; 57537 May­ No. 549, Frankfort, Ind. (4-3-67 to 4-2-68); Duckwell Stores, Inc., variety stores from flower Road, South Bend, Ind.; 3—7—67 to 3— No. 676, Hammond, Ind. (4-3-67 to 4r-2-68); 3-31-67 to 3-30-68, salesclerk, stock clerk: 6- 68. No. 11, Indianapolis, Ind. (4-3-67 to 4-2- 583 Garland Drive, Denver, Colo. (29.8 per­ Spendthrift Farm, agriculture; Lexington, 68); No. 2336, Indianapolis, Ind.; No. 1923, cent for each month); 2121 Fairlawn Drive, Ky.; 3-1-67 to 2-29-68. Jeffersonville, Ind. (4-3-67 to 4-2-68); No. Topeka, Kans. (21.6 percent for each month); Spies Supermarket, food stores from 4—11— 2296, Kokomo, Ind. (4-3-67 to 4-2-68); 1921 West 21st Street, Wichita, Kans. (32.5 67 to 4^10-68 : 521 Sixth Avenue, Brookings, No. 176, Lafayette, Ind. (4-3-67 to 4-2-68); percent for each month); 2801-C Eubank S. Dak.; Watertown, S. Dak. No. 468, La Porte, Ind. (4-3-67 to 4-2-68); No. Boulevard NE., Albuquerque, N. Mex. (15.3 Star Stores, Inc., department store; 15th 2024, Mishawaka, Ind.; No. 142, Muncie, Ind. percent for each month); 5405 Gibson Street and Greenup Avenue, Ashland, Ky.; <4-3-67 to 4-2-68); No. 2193, Muncie, Ind.; Boulevard SE., Albuquerque, N. Mex. (15.3 4 - 1-67 to 3-31-68. No. 451, New Albany, Ind. (4-3-67 to 4-2— percent for each month); 405 Main Street, Sterling Stores Co., Inc., variety store; 626 68); No. 169, Richmond, Ind. (4-3-67 to Clovis, N. Mex. (6.9 percent for each month). West Main Street, Jacksonville, Ark.; 3-3-67 4-2-68); No. 68, Terre Haute, Ind. (4-3-67 to Genung’s, Inc., variety stores from 3-23-67 to 9-2-67 (replacement). 4-2-68); No. 1023, Terre Haute, Ind. (4r-3-67 to 3-22-68, salesclerk, 10 percent for each Sutton Super Market, food store; Williams­ to 4r-2-68); No. 2400, Terre Haute, Ind. (4-3- month: 168 Main Street, Bristol, Conn.; 217 burg, Ky.; 2-15-67 to 2-14r-68. 67 to 4-2-68); No. 447, Wabash, Ind.; No. 219, Main Street, Danbury, Conn.; 22 West Main People’s Store of Roseland, department Battle Creek, Mich.; No. 497, Bay City, Mich.; Street, Meriden, Conn.; 153 State Street, store; 11201 Michigan Avenue, Chicago, 111.; No. 1089, Benton Harbor, Michv (4-3-67 to New London, Conn.; 84 Wall Street, Norwalk, 2-17-67 to 2-16-68. 4-2-68); No. 2171, Benton Harbor, Mich. Conn.; Waterford, Conn. T. G. & Y. Stores Co., variety stores: No. 2, (4-5-67 to 4-4-68); No. 2161, Big Rapids, W. T. Grant Co., variety store; New Ber­ Norman, Okla. (4-13-67 to 4-12-68); No. 251, Mich.; No. 1107, Cheboygan, Mich. (4-3-67 to wick Highway, Bloomsburg, Pa.; salesclerk, Dallas, Tex. (4-10-67 to 4r-9-68). 4-2-68); No. 1085, Dowagiac, Mich. (4-3-67 stock clerk; 10 percent for each month; 3- Tradewell Super Market, food store; 1215 to 4r-2-68); No. 190, Flint, Mich. (4-3-67 to 27-67 to 3-26-68. 16th Street, Huntington; W. Va.; 4-3-67 to 4-2-68); No. 45, Grand Rapids, Mich. (4-3- Howland’s, variety stores from 3-23-67 to 4-2-68. 67 to 4-2-68); No. 167, Kalamazoo, Mich.; No. 3-22-68, salesclerk, 10 percent for each Valley Farm Dairy, agriculture; Kinards, 2621, Midland, Mich. (4-3-67 to 4-2-68); month: Black Rock Turnpike, Fairfield, S.C.; 3-16-67 to 3-15-68. No. 327, Muskegon, Mich. (4-3—67 to 4-2-68); Conn.; Hamden, Conn. Willie’s Super Market, food store; 2422 No. 1072, Niles, Mich. (4-5-67 to 4-4-68); No. K-Mart Foods, food stores from 4-11-67 Second Avenue North, Birmingham, Ala.; I ll, Saginaw, Mich. (4-3-67 to 4-2-68) ; 118 to 4-10-68, bagger, carryout, checker, 8 per­ 2-1-67 to 1-31-68. West Robert Street, Crookston, Minn. (4-14- cent for .each month: 2100 Northeast Car­ Wong’s Foodland, food store; 520 Anderson 67 to 4-13-68); No. 47, Minneapolis, Minn.; lisle, Albuquerque, N. Mex.; 2540 North Boulevard, Clarksdale, Miss.; 2-6-67 to No, 2166,. Minneapolis, Minn. (4-14-67 to Abram, Arlington, Tex.; 1228 East Ledbetter 1-31-68. 4-13-68); No. 2127, Robbinsdale, Minn.; No. Drive, Dallas, Tex.; 9334 Thornton Freeway, F. W. Woolworth Co., variety stores from 2136, West St. Paul, Mihn. (4-14-67 to 4-13- Dallas, Tex.; 6373 Montana, El Paso, Tex.; 4-10-67 to 4-9-68 except as otherwise indi­ 68); 62-64 East Third Street, Winona, Minn. 1406 Walnut, Garland, Tex.; 3200 West Irv- cated: No. 99, Aurora, 111.; No. 92, Berwyn, (4-14-67 to 4-13-68); 665 West Foster Street, ving Boulevard, Irving, Tex.; 4324 Waco 111.; No. 95, Bloomington, 111. (4^5-67 to 4 1 Appleton, Wis.; 316 West Second Street, Ash­ Drive West, Waco, Tex. 68); No. 802, Blue Island, 111. (4-3-67__to land, Wis. (4-14-67 to 4-13-68); No. 278, S. S. Kresge Co., variety store; 9929 Home­ 4—2-68); No. 2406, Calumet City, 111. (4-8-67 Kenosha, Wis. (4-14-67 to 4-13-68); No. 133, stead Road, Houston, Tex.; salesclerk; 15.9 to 4-7-68); No. 1, Chicago, 111.; No. 4, Chicago, La Crosse, Wis.; 2825 East Washington Ave­ percent for each month; 4-6-67 to 4-5-68. 111. (4r-5-67 to 4-4-68); No. 112, Chicago, IU. nue, Madison, Wis. (4-14-67 to 4-13-68). Kuhn’s Variety Store, variety stores from (4-5-67 to 1 1-68); No. 302, Chicago, 111.; 4-13-67 to 4-12-68, salesclerk, stock clerk, No. 346, Chicago, 111.; No. 551, Chicago, 111. The following certificates were issued clerk: 522 Main Street,. Shelbyville, Ky. (24.7 (4-5-67 to 4 4 68); No. 679, Chicago, 111. to retail or service establishments rely- percent for each month); Gallatin, Tenn. (4_5_67 to 4-4-68); No. 725, Chicago, 111. Jng on the base-year employment ex­ (15.9 percent for each month); North Side (4_5_67 to 4 1 68); No. 727, Chicago, 111.; No. Public Square, Huntington, Tenn. (9.8 per­ perience of other establishments, either cent for each month); 110 West Broadway, 742, Chicago, IU. (4-6-67 to 4-5-68); No. 1104, because they came into existence after Chicago, HI. (4-5-67 to 4-4-68); No. 1155, Lenoir City, Tenn. (10 percent for each Chicago, IU. (4-5-67 to 4-4r-68); No. 1208, the beginning of the applicable base year month); Harding Road, Nashville, Tenn. Chicago, IU. (4-5-67 to 4-4r-68); No. 1214, or because they did not have available (15.9 percent for each month); 210-214 Cedar

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 NOTICES 6999

Avenue, South Pittsburg, Term. (10 percent Md. (3-7-67 to 3-6-68>; No. 378, Camden, 68); No. 399, Traverse City, Mich. (19.7 per­ for each month). N.J. (3-7-67 to 3-6-68); No. 352, Toms River, cent for each month, 4—3—67 to 4-2-68); No. Lerner Shops, apparel stores from 4-12-07 N.J. (3-31-67 to 3-30-68); No. 110, Hunting­ 59, Milwaukee, Wis. (salesclerk, stock clerk, to 4- 11-68 except as otherwise indicated, don, Pa. (8.7 percent for each month, 4-11-67 cleanup); No. 72, Milwaukee, Wis. (salesclerk, salesclerk, stock clerk, office clerk except as to 4-10-68). stock clerk, cleanup); No. 437, Milwaukee, otherwise indicated: No. 150, Bridgeport, C. O. Miller, Inc., variety store; 15 Bank Wis. (salesclerk, stock clerk, check out); Nos. Conn. (10.7 percent for each month); No. 65, Street, Stamford, Conn.; salesclerk; 10 per­ 842, 2446, Milwaukee, Wis. (salesclerk, stock Clearwater, Fla. (salesclerk, 6.2 percent for cent for each month; 3-23-67 to 3-22-68. clerk, 4-10-67 to 4-9-68); No. 2472, Mil­ each month); No. 139, Daytona Beach, Fla. Park-N-Save, food stores from 4-11-67 to waukee, Wis. (salesclerk, stock clerk, cleanup, (salesclerk, 10.1 percent for each month); 4-10-68, carryout, stock clerk, cleanup, 10 checker). No. 143, Fort Lauderdale, Fla. (17.6 percent percent for each month: State Route 123, for each month); No. 185, Fort Lauderdale, Carlisle, Ohio; Farmersville, Ohio; Route 122, Each certificate has been issued upon Fla. (17.6 percent for each month); No. 184, Franklin Township, Ohio. the representations of the employer Hollywood, Fla. (salesclerk, stock clerk, 12.7 Piggly Wiggly, Inc., food store; Sixth and which, among other things, were that percent for each month); No. 50, Jackson­ Jefferson Streets, Sturgeon Bay, Wis.; carry­ employment of full-time students at spe­ ville, Fla. (salesclerk, cashier, office clerk, out, sacker; 34 percent for each month; 3-30- cial minimum rates is necessary to pre­ 2.9 percent for each month); No. 144, Jack­ 67 to 3-29-68. vent curtailment of opportunities for em­ sonville, Fla. (salesclerk, cashier, office clerk, Spies Supermarkets, food stores from 4-11- ployment, and the hiring of full-time 2.9 percent for each month); No. 71, Panama 67 to 4-10-68, checker, carryout, cleanup, students at special minimum rates will City, Fla. (9.6 percent for each month); No. wrapper, stock clerk, 21.7 percent for each 136, Pensacola, Fla. (salesclerk, stock clerk, month: Sixth Street and Breckenridge, not create a substantial probability of 9.4 percent for each month); Nos. 45, 108, Breckenrldge, Minn.; Ninth and Dakota reducing the full-time employment op­ St. Petersburg, Fla. (salesclerk, stock clerk, Avenue, Wahpeton, N. Dak.; 205-09 North portunities of persons other than those 10.1 percent for each month); No. 44, Talla­ Van Epps, Madison, S. Dak. employed under a certificate. The cer­ hassee, Fla. (14.2 percent for each month); Sterling Stores Co., Inc., variety store; tificates may be annulled or withdrawn, Nos. 95, 141, West Palm Beach, Fla. (sales­ Natchez, Miss.; salesclerk, stock clerk, clean­ as indicated therein, in the manner pro­ clerk, stock clerk, 12.7 percent for each up; 10.9 percent for each month; 4-11-67 to vided in Part 528 of Title 29 of the Code month); Nos. 129, 132, Atlanta, Ga. (sales­ 4-10—68. of Federal Regulations. Any person ag­ clerk, office clerk, 11.9 percent for each T. G. & Y. Stores Co., variety stores from month); No. 99, Decatur, Ga. (salesclerk, of­ 4-13-67 to 4-12-68, salesclerk, stock clerk, grieved by the issuance of any of these fice clerk, 11.9 percent for each m onth); office clerk, 30 percent for each month except certificates may seek a review or re­ Nos. 218, 271, 273, Indianapolis, Ind. (sales­ as otherwise indicated: No. 712, Texarkana, consideration thereof within 15 days af­ clerk, 8.8 percent for each month); No. 236, Ark. (19.6 percent for each month); No. 244, ter publication of this notice in the F ed­ Topeka, Kans. (13.9 percent for each Baytown, Tex.; No. 394, Baytown, Tex.; No. eral R egister pursuant to the provisions month); No. 232, St. Paul, Minn. (27.5 per­ 343, Houston, Tex.; No. 382, Houston, Tex.; of 29 CFR 519.9. cent for each month); No. 110, Durham, N.C. No. 383, Houston, Tex. (9.9 percent for each month); No. 207, Maple Wink’s Super Valu, Inc., food store; Ninth Signed at Washington, D.C., this 2d Heights, Ohio (salesclerk, cashier, credit and Jefferson Streets, Quincy, 111.; carryout; day of May 1967. clerk, 9.6 percent for each month); No. 214, 10 percent for each month; 4-7-67 to 4-6-68. R obert G. Gronewald, Willowick, Ohio (salesclerk, cashier, credit F. W. Woolworth, variety stores from 4—14— clerk, 9.6 percent for each month); Nos. 36, 67 to 4-13-68 except as otherwise indicated, Authorized Representative 127, Oklahoma City, Okla. (5.8 percent for salesclerk except as otherwise indicated, 17.5 of the Administrator. each month); No. 2Q5, Harrisburg, Pa. (sales­ percent for each month except as otherwise [F.R. Doc. 67-5079; Filed, May 5, 1967; clerk, office clerk, 5 percent for each month); indicated: No. 2673, Bloomington, 111. (11.4 8:46 a.m.] No. 85, Reading, Pa. (salesclerk, stock clerk, percent for each month); No. 2476, Chicago, 13.6 percent for each month); No. 118, 111. (16.2 percent for each month, 4-7-67 to Scranton, Pa. (salesclerk, office clerk, 5 per­ 4-6—68); No. 2574, Chicago, 111. (24.4 percent cent for each month); No. 116, Charleston, for each month, 4-6-67 to 4-5-68); No. 2606, S.C. (9.9 percent for each month); No. 137, Chicago, 111. (13.1 percent for each month, INTERSTATE COMMERCE Columbia, S.C. (19.3 percent for each 4-6-67 to 4-5-68); No. 2656, Chicago, HI. month); No. 96, Greenville, S.C. (13.2 per­ (salesclerk, stock clerk, 23 percent for each COMMISSION cent for each month); No. 78, Spartanburg, month); No. 2669, Chicago, 111. (12.4 percent S.C. (salesclerk, stock clerk, 12 percent for for each month); No. 2675, Chicago, 111. (21.3 [Notice 378] each month); No. 186, Chattanooga, Tenn. percent for each month); No. 2615, Decatur, (salesclerk, 7.4 percent for each month); No. HI. (6.1 percent for each month, 4-7-67 to MOTOR CARRIER TEMPORARY 213, Memphis, Tenn. (salesclerk, 11.9 percent 4-6-68); No. 2450, Downers Grove, HI. (9.4 AUTHORITY APPLICATIONS for each m onth); No. 37, Dallas, Tex. (7.2 percent for each month, 4-6-67 to 4-5-68); percent for each month, 3-2-67 to 2-29-68); No. 2617, Pox Lake, 111. (12.7 percent for May 3, 1967. No. 101, Dallas, Tex. (7.5 percent for each each month, 4-6-67 to 4-5-68); No. 2454, The following are notices of filing of month); Nos. 56, 98, Houston, Tex. (sales­ Kankakee, 111. (9.1 percent for each month, 4— applications for temporary authority un­ clerk, office clerk, 2.1 percent for each 6-67 to 4-5-68); No. 2645, Lincoln, HI. (6.1 der—section 210a(a) of the Interstate month); No. 182, Houston, Tex. (1.9 percent percent for each month, 4-7-67 to 4-6-68); for each month, 3-2-67 to 2-29-68); No. 47, Commerce Act provided for under the No. 2279, Morton Grove, HI. (23.5 percent for new rules of Ex Parte No. MC 67 (49 Mesquite, Tex. (7.5 percent for each month); each month, 4-10-67 to 4-9-68); No. 2623, No. 187, Pasadena, Tex. (salesclerk, office Naperville, 111. (salesclerk, stock clerk, 9.4 CFR Part 240) published in the F ederal clerk, 2.1 percent for each month); No. 34, percent for each month, 4-10-67 to 4-9-68); R egister, issue of April 27, 1965, effec­ San Antonio, Tex. (salesclerk, 10.7 percent No. 2449, Niles, HI. (20.5 percent for each tive July 1, 1965. These rules provide for each m onth); No. 123, San Antonio, Tex. month, 4-7-67 to 4-6-68); No. 312, Ottawa, that protests to the granting of an ap­ (10.1 percent for each month, 3-2-67 to 2- 111. (9.5 percent for each month, 4-7-67 to plication must be filed with the field 20-68); No. 68, Alexandria, Va. (salesclerk, 4-6-68); No. 2474, Pontiac, 111. (9.4 percent office clerk, 9.3 percent for each month); No. official named in the F ederal R egister for each month, 4-7-67 to 4-6-68); No. 2573, publication, within 15 calendar days af­ 87, Arlington, Va. (salesclerk, stock clerk, 14 Rantoul, HI. (salesclerk, stock clerk, 8.5 per­ percent for each month); No. 120, Newport cent for each month, 4r-6-67 to 4-5-68); No. ter the date of notice of the filing of the News, Va. (salesclerk, cashier, credit clerk, 704, Sterling, 111. (13.6 percent for each application is published in the F ederal 2.3 percent for each month); No. 32, Ports­ month, 4-6-67 to 4-5-68); No. 1301, Taylor- R egister. One copy of such protest must mouth, Va. (salesclerk, cashier, credit clerk, ville, HI. (checker, salesclerk, 1.7 percent for be served on the applicant, or its author­ 2.3 percent for each month); No. 105, Roa­ each month, 4-7-67 to 4-6-68); No. 2624, ized representative, if any, and the pro­ noke, Va. (salesclerk, 5.7 percent for each Connersville, Ind. (12.2 percent for each tests must certify that such service has Jhonth); No. 310, Virginia Beach, Va. (sales- month, 4-3-67 to 4-2-68); No. 2616, Fort cierk, cashier, credit clerk, 2.3 percent for been made. The protest must be specific Wayne, Ind. (4.1 percent for each month, as to the service which protestant can ®ach month); No. 86, Charleston, W. Va. 4-3-67 to 4-2-68); No. 2607, Kokomo, Ind. (»1 percent for each month); No. 81, Clarks- (15 percent for each month, 4-13-67 to and will offer and must consist of a hrg, w. Va. (15.2 percent for each month); 4-2-68); No. 2622, Lawrence, Ind. (27.2 signed original and six (6) copies. «o- 94, Huntington, W. Va. (salesclerk, 8.9 percent for each month, 4-3-67 to 4-2- A copy of the application is on file, and percent for each month). 68); No. 2453, South Bend, Ind. (16.5 percent can be examined at the Office of the McCrory-McLellan-Green Stores, variety for each month, 4-5-67 to 4-4-68); No. 2620, Secretary, Interstate Commerce Commis­ ru t8 iorthe occupations of salesclerk, stock Caro, Mich. (18.2 percent for each month, sion, Washington, D.C., and also in the ' office clerk, 10 percent for each month 4-3-67 to 4-2-68); No. 538, Holland, Mich. except as otherwise indicated: No. 373, Bowie, field office to which protests are to be (18.4 percent for each month, 4-3-67 to 4—2- transmitted.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 7000 NOTICES

M otor Carriers op P roperty ity sought to operate as a common car­ dress as applicant). Authority sought to No. MC 18535 (Sub-No. 47 TA), filed rier, by motor vehicle, over regular operate as a contract carrier, by motor April 26, 1967. Applicant: O. ALEX routes, transporting: General com­ vehicle, over irregular routes, transport- HICKLIN, doing business as HICKLIN modities, moving in express service, (1) ing: Salt, in bulk or in bags, for the ac­ MOTOR LINE, Post Office Box 377, St. between Minneapolis, Minn., and St. count of Cargill, Inc., from the site of Matthews, S.C. 29135. Applicant’s repre­ Louis, Mo.: From Minneapolis over Inter­ Kentucky Asphalt Sales Terminal, sentative: .William Addams, Room 406, state Highway 494 to junction of U.S. Jefferson County, Ky., to points in In­ 1776 Peachtree Street NW„ Atlanta, Ga. Highway 65-Interstate Highway 35, diana, north of Indiana Highway 28, and 30309. Authority sought to operate as a thence south on Ü.S. Highway 65-Inter­ empty pallets, on return for 180 days. common carrier, by motor vehicle, over state Highway 35 to Junction U.S. High­ Supporting shipper: Cargill, Inc., Car­ irregular routes, transporting: (1) Ag­ way 218, thence south and east on U.S. gill Building, Minneapolis, Minn. 55402. gregates, crushed stone and gravel; from Highway 218 to junction U.S. Highway Send proteste to: Emil P. Schwab, Dis­ Ruby, Ga., to points in South Carolina; 16-Interstate Highway 90, thence west trict Supervisor, Bureau of Operations, (2) aggregates, crushed stone, gravel and on U.S. Highway 16-Interstate Highway Interstate Commerce Commission, 1010 sand, in bags, and in bulk, from Marl­ 90 to junction U.S. Highway 65, thence Federal Building, 550 Main Street, Cin­ boro, S.C.; Eldorado, N.C., and Lowry, south on U.S. Highway 65 to junction of cinnati, Ohio 45202. Va., to points in Alabama, Florida, U.S. Highway 20, thence east on U.S. No. MC 94350 (Sub-No. 178 TA), filed Georgia, Indiana, Kentucky, Louisiana, Highway 20 to junction U.S. Highway April 28, 1967. Applicant: TRANSIT Maryland, Mississippi, North Carolina, 218, thence south on U.S. Highway 218 HOMES, INC., Post Office Box 1628, Hay­ Ohio, South Carolina, Tennessee, West to junction U.S. Highway 34, thence wood Road, at Transit Drive, Green­ Virginia, and Virginia; and (3) Sand, in east on U.S. Highway 34 to junction ville, S.C. 29602. Applicant’s representa­ bags and in bulk, from points in Kershaw U.S. Highway 61, thence south on U.S. tive: Henry P. Willimon, Post Office Box and Lexington Counties, S.C., to points Highway 61 to junction U.S. Highway 1628, Greenville, S.C. 29602. Authority in Alabama, Florida, Georgia, Kentucky, 54, thence east on U.S. Highway 54 to sought to operate as a common carrier, junction Missouri Highway 79, thence by motor vehicle, over irregular routes, Mississippi, North Carolina, South Caro­ east and south on-Missouri Highway 79 lina, Tennessee, West Virginia, and Vir­ transporting: Trailers designed to be to junction Interstate Highway 70, drawn by passenger vehicles, in initial ginia, for 180 days. Supporting shippers: thence east on Interstate Highway 70 Pennsylvania Glass Sand Corp., Gate­ movements, in truckaway service, from to St. Louis, and return over the same Jackson, Tenn., to points in the United way Center Building No. 2, Pittsburgh, route, serving the intermediate and/or Pa.; Becker County Sand and Gravel Co., States (except Alaska and Hawaii), for off-route points of St. Paul, Owatonna, 180 days. Supporting shipper: H. D. Post Office Box 596, Bennettsville, S.C.; Austin, and Albert Lea, Minn., Mason Whitehead Brothers Co., 60 Hanover Thompson, Store Manufacturing Divi­ City, Iowa Falls, Waterloo, Vinton, sion, Piggly Wiggly Corp., Jackson, Tenn, Road, Florham Park, N.J.; and Kalman Cedar Rapids, Iowa City, Washington, Floor Co., Inc., 121 Greenwich Road, Send protests to: Arthur B. Abercrombie, Mount Pleasant, New London, Burling­ District Supervisor, Interstate Com­ Charlotte, N.C. Send protests to: Arthur ton, Fort Madison, and Keokuk, Iowa, B. Abercrombie, District Supervisor, In­ merce Commission, Bureau of Opera­ Canton, Palmyra, Hannibal, Louisiana, tions, 303A Federal Building, 901 Sumter terstate Commerce Commission, 303A Clarksville, Elsberry, Old Monroe, and Federal Building, 901 Sumter Street, Street, Columbia, S.C. 29201. St. Charles, Mo., and Quincy» 111., (2) No. MC 103191 (Sub-No. 22 TA), filed Columbia, S.C. 29201. between Owatonna, Minn., and Albert No. MC 30844 (Sub-No. 236 TA), filed May 1, 1967. Applicant: THE GEO. A. Lea, Minn., from Owatonna over U.S. RHEMAN CO., INC., Post Office Box April 28, 1967. Applicant: KROBLIN Highway 65-Interstate Highway 35 to REFRIGERATED XPRESS, INC., Post 2095, Station A, Charleston, S.C. 29403. junction U.S. Highway 16 at Albert Lea, Applicant’s representative: Frank A. Office Box 5000, 2125 Commercial Street, and return over the same route, as an Waterloo, Iowa 50704. Applicant’s rep­ Graham, Jr., 707 Security Federal Build­ alternate route for operating conven­ ing, Columbia, S.C. 29201. Authority resentative: James F. Sexton (same ience only, serving no intermediate address as above). Authority sought to sought to operate as a common carrier, points, and (3) between Hannibal, Mo., by motor vehicle, over irregular routes, operate as a common carrier, by motor and Louisiana, Mo., from Hannibal east vehicle, over irregular routes, transport­ transporting: Fertilizer, in bulk, in pneu­ over U.S. Highway 36 to junction Illi­ matic tank trailers from points In ing: Meats, meat products, meat "byprod­ nois Highway 96, thence south over Illi­ ucts, and articles distributed by meat Charleston County, S.C., to points in nois Highway 96 to junction U.S. High­ Henderson and Union Counties, N.C., for packinghouses as described in sections A way 54, thence west over U.S. Highway 150 days. Supporting shipper: Planters and C of appendix I to the report in d e ­ 54 to junction Missouri Highway 79 at scriptions in Motor Carrier Certificates, Fertilizer Co., Post Office Box 4857, Louisiana, and return over the same Charleston Heights, S.C. Send protests 61 M.C.C. 209 and 766 (except hides and route, as an alternate route for operating commodities in bulk, in tank vehicles), to: Arthur B. Abercrombie, District convenience only, serving no intermed­ Supervisor, Interstate Commerce Com­ from the plantsite and storage facilities iate points, for 150 days. Restrictions: of Griffith Provision Co., Inc., at or near mission, 303A Federal Building, 901 (1) The service to be performed by Sumter Street, Columbia, S.C. 29201. Downs, Kans., to points in Colorado, applicant shall be limited to that which Connecticut, Delaware, District of Co­ No. MC 107227 (Sub-No. 93 T A ), filed is auxiliary to or supplemental of express May 1, 1967. Applicant: INSURED lumbia, Illinois, Indiana, Iowa, Maine, service of the Railway Express Agency, Maryland, Massachusetts, Michigan, TRANSPORTERS, INC., 1944 Williams Inc., and (2) shipments transported Street, Post Office Box 1697, San Lean­ Minnesota, New Hampshire, New Jersey, by applicant shall be limited to those on New York, Ohio, Pennsylvania, Rhode dro, Calif. 94577. Applicant’s representa­ through bills of lading or express re­ tive: Vaughn, Paul & Lyons, 1418 Mills Island, Vermont, Virginia, West Virginia, ceipts. Supporting shippers: There are and Wisconsin, for 180 days. Supporting Tower, 220 Bush Street, San Francisco, 61 statements from supporting shippers Calif. 94104. Authority sought to oper­ shipper: Griffith, Inc., Highway 64 West, that may be examined here at the In­ Downs, Kans. 67437. Send protests to: ate as a common carrier, by m otor ve­ terstate Commerce Commission in hicle, over irregular routes, transporting: Chas. C. Biggers, District Supervisor, Washington, D.C., or at the field office New automobiles, in secondary move­ Interstate Commerce Commission, Bu­ named below. Send protests to: Anthony reau of Operations, 332 Federal Building, Chiusano, District Supervisor, Inter­ ments in truckaway service, in mixed loads of passenger automobiles and Davenport, Iowa 52801. state Commerce Commission, Bureau of No. MC 66562 (Sub-No. 2231 TA), Operations, 346 Broadway, New York, trucks, from Ogden, Utah, to points in filed April 28, 1967. Applicant: RAIL­ N.Y. 10013. Nevada and. points in California north of the northern boundaries of San Luis WAY EXPRESS AGENCY, INCOR­ No. MC 74857 (Sub-No. 26 TA), filed PORATED, 219 East 42d Street, New Obispo, Kern, and San Bernardino May 1, 1967. Applicant: FULLER MO­ Counties, restricted to shipments hay­ York, N.Y. 10017. Applicant’s represent­ TOR DELIVERY CO., 802 Plum Street, ing an immediate prior movement by rail, ative: Elmer F. Slovacek, 105 West Mad­ Cincinnati, Ohio 45202. Applicant’s rep­ and originating at plantsites of Kaiser ison Street, Chicago, HI. 60602. Author­ resentative: Donald E. Fuller (same ad­ Jeep Corp. without return m ovem ent ex-

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 NOTICES 7001 cept as otherwise authorized, for 150 Thomas Building, 1314 Wood Street. mission, Bureau of Operations, Room days. Supporting shipper: Kaiser Jeep Dallas, Tex. 75202. 206, 327 North Tryon Street, Charlotte, Oorp., Toledo, Ohio. Send protests to: No. MC 114274 (Sub-No. 12 TA), filed N C 28202. William E. Murphy, District Supervisor, May 1, 1967. Applicant: ELMER VI- No. MC 125918 (Sub-No. 5 TA), filed Interstate Commerce Commission, 450 TALIS, doing business as VITALIS April 28, 1967. Applicant: JOHN A. DI Golden Gate Avenue, Box 36004, San TRUCK LINES, 1656 East Grand Ave­ MEGLIO, White Horse Pike, Ancora, Francisco, Calif. 94102. nue, Des Moines, Iowa 50316. Applicant’s N.J. 08037. Applicant’s representative: No. MC 109677 (Sub-No. 32 TA), filed representative William A. Landau, 1307 George A. Olsen, 69 Tonnele Avenue, May 1,1967. Applicant: FORT EDWARD East Walnut Street, Des Moines, Iowa Jersey City, N.J. 07306. Authority sought EXPRESS CO., INC., Route 9, Saratoga 50306. Authority sought to operate as a to operate as a contract carrier, by motor Road, Fort Edward, N.Y. 12828. Appli­ common carrier, by motor vehicle, over vehicle, over irregular routes, transport­ cant’s representative: J. Fred Relyea irregular routes, transporting: Meats, ing: Brick, tile, and clay products, from (same address as applicant). Authority meat products, meat byproducts, and Ancora, N.J., to points in New Jersey, sought to operate as a common carrier, articles distributed by meat packing­ restricted to shipments having prior by motor vehicle, over irregular routes, houses, as described in sections A and C movement via rail, for 150 days. Support­ transporting: Petroleum products (ex­ of appendix I to the report in Descrip­ ing shipper: Glenwood Refractories Co., clusive of asphalt and asphalt products), tions in Motor Carrier Certificates, 61 4106 Glenwood Road, Brooklyn, N.Y. in bulk, in tank vehicles, from Albany M. C.C. 209 and 766 (except hides and 11210. Send protests to: Raymond T. and Rensselaer, N.Y., to points in Massa­ commodities in bulk), from the plant- Jones, District Supervisor, Bureau of chusetts (Pittsfield, Westfield, Dalton, site of Oscar Mayer & Co., Inc., Beards- Operations, Interstate Commerce Com­ Williamstown, Great Barrington, and town, 111., to points in Indiana, Iowa, mission, 410 Post Office Building, Tren­ Greenfield), for 180 days. Supporting Minnesota, Missouri, Nebraska, Ohio, ton, N.J. 08608. shipper: Cirillo Bros. Petroleum of Al­ and Wisconsin, restricted to traffic No. MC 127864 (Sub-No. 2 TA), filed bany, Inc., J. K. Kearney, manager, port originating at the described plantsite April 28, 1967. Applicant: PAUL W. of Albany, Albany, N.Y. 12207. Send pro­ and destined to points in the States WILLS, INC., 2535 Center Street, Cleve­ tests to: Wilmot E. James, Jr., District named, for 180 days. Supporting shipper: land, Ohio 44113. Authority sought to Supervisor, 518 Federal Building, Albany, Oscar Mayer & Co., Inc., Madison, Wis. operate as a contract carrier, by motor N.Y. 12207. Send protests to: Ellis L. Annett, Dis­ vehicle, over irregular routes, transport­ No. MC 112822 (Sub-No. 75 TA), filed trict Supervisor, Interstate Commerce ing: Scrap metal, in dump vehicles, with April 28, 1967. Applicant: EARL BRAY, Commerce Commission, Bureau of Oper­ refused, damaged, and rejected ship­ INC., Post Office Box 1191, 1401 North ations, 227 Federal Office Building, Des ments, on return, from Pontiac, Mich., Little, Cushing, Okla. 74023. Applicant’s Moines, Iowa. to the port of entry on the international representative: Carl J. Wright, Jr. (same No. MC 119384 (Sub-No. 13 TA), filed boundary line between the United States address as applicant). Authority sought May 1, 1967. Applicant: MORTON and Canada at or near Port Huron, to operate as a common carrier, by motor TRUCK LINES, INC., 101 West Willis Mich., under a continuing contract with vehicle, over irregular routes, transport­ Avenue, Perry, Iowa 50220. Applicant’s Luntz Iron & Steel Co., for 180 days. ing: Sugars, syrups, and blends thereof, representative: William A. Landau, Supporting shipper: The Luntz Iron & in bulk, from Bonner Springs, Kans., and 1307 East Walnut Street, Des Moines, Steel Co., Continental Building, Canton, points within 5 miles thereof, to points in Iowa 50306. Authority sought to oper­ Ohio 44702. Send protests to: G. J. Bac- Missouri for 180 days. Supporting ship­ ate as a common carrier, by motor ve­ cei, District Supervisor, Interstate Com­ per: Holly Sugar Corp., J. R. Copeland, hicle, over irregular routes, transporting: merce Commission, Bureau of Opera­ traffic manager, Box 1052, Colorado Meats, meat products, meat byproducts tions, 435 Federal Building, Cleveland, Springs, Colo. 80901. Send protests to: and articles distributed by meat pack­ Ohio 44114. C. L. Phillips, District Supervisor, Inter­ inghouses, as described in sections A and No. MC-129042 TA, filed April 28, state Commerce Commission, Bureau of C of appendix I to report in Descriptions 1967. Applicant: MARDELLO FORD, do­ Operations, Room 350, American General in Motor Carrier Certificates, 61 M.C.C. ing business as FORD’S MOVING & Building, 210 Northwest Sixth, Oklahoma 209 and 766 (except hides and commod­ STORAGE, Post Office Box 43, Cooke­ City, Okla. 73102. ities in bulk, from the plantsite of ville, Tenn. 38502. Applicant’s represent­ No. MC 114045 (Sub-No. 276 TA), filed Oscar Mayer & Co., Inc., Beardstown, ative: Jared Maddox, 201 Whitson May 1, 1967. Applicant: TRANS-COLD 111., to points in Indiana, Minnesota, Building, Cookeville, Tenn. 38501. Au­ EXPRESS, INC., Post Office Box 5842, Michigan, Missouri, Nebraska, Ohio, and thority sought to operate as a common Finley and Belt Line Road, Dallas, Tex. Wisconsin, restricted to traffic origi­ carrier, by motor vehicle, over irregular 75222. Applicant’s representative: R. L. nating at the described plantsite and routes, transporting: Containerized Moore (same address as applicant). Au­ destined to points in the States named, shipments of household goods, between thority sought to operate as a common for 180 days. Supporting shipper: Cookeville, Tenn., and points in Smith, carrier, by motor vehicle, over irregular Oscar Mayer & Co.„ Inc., Madison, Wis. Jackson, Clay, Overton, Pickett, Fen­ routes, transporting: Meats, meat prod­ Send protests to: Ellis L. Annett, Dis­ tress, Cumberland, White, Van Buren, ucts and meat byproducts and articles trict Supervisor, Interstate Commerce De Kalb, Warren, and Bledsoe Coun­ distributed by meat packinghouses, as Commission, Bureau of Operations, 227 ties, Tenn., for 90 days. Supporting ship­ described in sections A and C of appen­ Federal Office Building, Des Moines, pers: Vanpac Carriers, Inc., 2114 Mac­ dix I to the report in Descriptions in Mo­ Iowa 50309. Donald Avenue, Richmond, Calif. 94802; Perfect Pak Co., 1001 Westlake Avenue tor Carrier Certificates, 61 M.C.C. 209 No. MC 123067 (Sub-No. 57 TA), filed and 766 (except hides and commodities, North, Seattle, Wash. 98109; Interstate May 1, 1967. Applicant: M & M TANK System, 134 Grandville Avenue SW., in bulk, in tank vehicles), from the LINES, INC., Post Office Box 4174, North Plantsite and storage facilities of Griffith Grand Rapids, Mich.; and American Station, Winston-Salem, N.C. 27105. Ap­ Ensign Van Service, Inc., Post Office Box Provision Co., Inc., at or near Downs, plicant’s representative: Frank C. Phil­ Kans., to points in Connecticut, Dela­ 2270, Wilmington, Calif. 90744. Send lips, Post Office Box 612, Winston-Salem, protests to: District Supervisor J. E. ware, District of Columbia, Illinois, In­ N. C. 27102. Authority sought to operate diana, Kentucky, Maine, Maryland, Gamble, Interstate Commerce Commis­ as a common carrier, by motor vehicle, sion, Bureau of Operations, 706 U.S. Massachusetts, Michigan, Minnesota, over irregular routes, transporting: New Hampshire, New Jersey, New York, Courthouse, Nashville, Tenn. 37203. Limestone and limestone products, dry, No. MC-129048 TA, filed May 1, 1967. Ohio, Pennsylvania, Rhode Island, Ten­ in bulk, in tank or hopper vehicles, from nessee, Vermont, Virginia, West Virginia, Applicant: M & J REFRIGERATED points in Roanoke County, Va., to points TRANSPORTATION, INC., 636 South and Wisconsin, for 180 days. Supporting in North Carolina, for 150 days. Support­ shipper: Griffith, Inc., Highway 24 West, West Street, Indianapolis, Ind. 46225. ing shippers: Rockydale Quarries Corp., Applicant’s representative: James C. Downs, Kans. 67437. Send protests to: Route 8, Box 635, Roanoke, Va. 24014. Clark, 715 Indiana Building, Indianap­ E. K. Willis, Jr., District Supervisor, Send protests to: District Supervisor olis, Ind. 46204. Authority sought to op­ Interstate Commerce Commission, 513 Jack K. Huff, Interstate Commerce Com­ erate as a common carrier, by motor

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 7002 NOTICES vehicle, over irregular routes, transport­ the Interstate Commerce Commission, in certificates and permits of carriers fail­ ing : Meat, frozen foods, including frozen Washington, D.C„ or at the field office ing to provide service. While our studies meat, between points in the Chicago named below. Send protests io: Wilmot of these approaches continue, and while commercial zone and points in Indiana, E. James, Jr., District Supervisor, Inter­ Congress studies our requests for legis- for 180 days. Supporting shippers: Mer- state Commerce Commission, Bureau of lation in this area, we believe some revi­ Del’s Quality, Inc., 315 Hanna Street, Operations, 518 Federal Building, Al­ sions in the procedures governing motor Logansport, Ind.; Brook Hill Farms, Inc., bany, N.Y. 12207. carrier general rate increases proceedings 5230 North Milwaukee Avenue, Chicago, may be helpful and therefore merit a 111.; Bocar Enterprises, 5406 West Brad­ By the Commission. trial. bury Avenue, Indianapolis, Ind.; Hoosier [seal! H. Neil Garson, A revised form of order, which we ap­ Brokerage Co., 729 North Pennsylvania Secretary. prove, is issued in Docket No. 34816,1 In­ Street, Indianapolis, Ind. Send protests [F.R. Doc. 67-5103; Filed, May 5, 1967; creased Minimum Charges Between to: District Supervisor R. M. Hagarty, 8:48 a.m.] Points in Central States. The order de­ Interstate Commerce Commission, Bu­ scribes, without limiting, the evidence reau of Operations, 802 Century Build­ we shall expect the respondent carriers ing, 36 South Pennsylvania Street, [Notice 1514] in that proceeding to introduce. The form Indianapolis, Ind. 46204. MOTOR CARRIER TRANSFER of order for this proceeding will replace Motor Carriers of P assengers PROCEEDINGS a form that has been issued heretofore in other general increase cases. Our ex­ No. MC 2835 (Sub-No. 32 TA), filed May 3,1967. pectation is that the new form will sub­ Apirl 28, 1967. Applicant: ADIRON­ Synopses of orders entered pursuant to stantially reduce the processing time for DACK TRANSIT LINES, INC., 495 section 2l2(b) of the Interstate Com­ this type of proceeding, and more quickly Broadway, Kingston, N.Y. 12401. Appli­ merce Act, and rules and regulations pre­ allow us to reach the essential question in cant’s representative: James E. Wilson, scribed thereunder (49 CFR Part 279), all these proceedings of whether the traf­ 1735 K Street NW., Washington, D.C. appear below: fic at various weight-break levels is bear­ 20006. Authority sought to operate as a As provided in the Commission’s spe­ ing Its fair share of carrier costs. We be­ common carrier, by motor vehicle, over cial rules of practice any interested per­ lieve that if the rates on certain small- regular routes, transporting: Passengers son may file a petition seeking recon­ shipment weight brackets are below a and their baggage and express and news­ sideration of the following numbered compensatory level, and absent a show­ papers, in the same vehicle with pas­ proceedings within 20 days from the date ing that shippers and receivers cannot sengers, between New Paltz and Kings­ of publication of this notice. Pursuant to reasonably bear the sought increase, we ton, N.Y.: From New Paltz, over New section 17(8) of the Interstate Com­ should authorize an increase to insure York Highway 299 to junction U.S. High­ merce Act, the filing of such a petition the shippers’ and receivers’ expectation way 44, thence over U.S. Highway 44 to will postpone the effective date of the of reasonably adequate service. Where junction U.S. Highway 209, thence over order in that proceeding pending its dis­ the carriers’ rates on small shipments are U S. Highway 209 to Kingston, and re­ position. The matters relied upon by peti­ reasonable, and still the carriers fail to turn over the same route, serving all in­ tioners must be specified in their peti­ render reasonably adequate service, the termediate points, for 180 days. Sup­ tions with particularity. Commission’s only recourse, as it may be porting shippers: There are statements No. MC-FC-69603. By order of May 2, in some areas now, will be broader meas­ from 18 prospective passengers attached 1967, the Transfer Board approved the ures to insure that service for all size to the application that may be examined transfer to Appomattox Trucking Co., shipments is available to the general here at the Interstate Commerce Com­ Inc., Appomattox, Va., of permit in No. public. mission in Washington, D.C. Send pro­ MC-114949, issued October 10, 1960, to The new form of order differs from tests to: Wilmot E. James, Jr., District Gordon Maynard Davis and Clarence prior orders in several fundamental re­ Supervisor, 518 Federal Building, Albany, Overton Thomas, a partnership, doing spects. For this reason it will be issued N.Y.12207. business as Davis & Thomas, Dillwyn, Va., on a case by case basis, and, as more No. MC 30318 (Sub-No. 4 TA), filed authorizing the transportation of: Lum­ fully explained below, will not be used in May 1, 1967. Applicant: YANKEE ber and pallets, from Drakes Branch, Va., interterritorial rate proceedings. TRAILS, INC., 95 Partition Street, to points in West Virginia, Ohio, Mary­ 1. Cost study carriers. The order au­ Rensselaer, N.Y. 12144. Applicant’s repre­ land, Delaware, Pennsylvania, New Jer­ thorizes the use of data concerning the sentative: John J. Brady, Jr., 75 State sey, New York, and the District of Colum­ Class I and II motor common carriers Street, Albany, N.Y. 12207. Authority bia. John R. Snoddy, Jr., Dillwyn, Va. of general freight that are subject to sought to operate as a common carrier, by 23936, attorney for applicants. Instructions 27 and 9002 of the Commis­ motor vehicle, over irregular routes, [seal] H. Neil G arson, sion’s accounting rules (49 CFR Part 182, transporting: Passengers and their bag­ Secretary. Instructions 27 and 9002). Briefly these instructions require the larger motor gage, in special and charter operations, [F.R. Doc. 67-5104; Filed, May 5, 1967; beginning and ending in the town of 8:48 am.] common carriers to report a breakdown Queensbury (Warren County), city of between their line-haul and pickup and Glens Falls (Warren County), village delivery costs, an essential ingredient of of South Glens Falls (Saratoga County); MOTOR CARRIER GENERAL RATE any cost study. The instructions, as a village of Hudson Falls (Washington INCREASE PROCEEDINGS practical matter, apply to carriers whose County), village of Fort Edward (Wash­ revenues exceed $500,000 per year. When ington County), town of Brunswick Statement of Policy these carriers are shown to transport 70 (Rensselaer County), town of Pittstown percent or more of all intercity ton-mile­ At a general session of the Interstate age in a territory, cost evidence concern­ (Rensselaer County), town of Hoosick Commerce Commission, held at its office (Rensselaer County), N.Y., and extend­ ing these carriers should provide rep­ in Washington, D.C., on the 21st day of resentative unit costs for all operations ing to the port of entry on the interna­ April A.D. 1967. tional boundary line between the United conducted within that territory, since the This Commission in its annual reports study group carriers are those whose States and Canada, at or near Cham­ to Congress and in requests for new legis­ plain, N.Y. The transportation sought lation has brought to public attention the predominant traffic also moves within the under this application is to be restricted complaints of shippers and receivers that territory. For movements between terri­ to traffic moving to and from points in some motor carriers subject to our ju­ tories (e.g., transcontinental) such a Canada in connection with “EXPO 67” risdiction are not providing reasonably grouping of carriers may be too limited during its term, commencing April 28, adequate service on less-than-truckload 1967, and expiring with October 27,1967, to be representative, and some other shipments. In addition to requested legis­ grouping should be used. for 180 days. Supporting shippers: There lation, other approaches to a solution of are approximately 28 supporting state­ this question may eventually be mar­ ments which may be examined here at shalled, including the revocation of the 1 See F.R. Doc. 67-5122, infra.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 NOTICES 7003

2. Traffic study carriers. As indicated appropriate in the public Interest that submit detailed data, regarding carrier- above, unit costs based on the operations the information specified below be in­ affiliate financial and operating relation­ of the study group carriers should be cluded in the record to be developed in ships and transactions including, with representative of the costs of moving all this proceeding; and good cause appear­ respect to any and all individuals, part­ traffic in the territory. This is true, even ing therefor: nerships, and corporations affiliated with though the operating expenses of all of It is ordered, That respondents be, and respondent, when such transactions indi­ the carriers actually handling the traffic they are hereby, notified and required to vidually or in the aggregate amount to are not considered in the determination submit information and supporting data $2,500 or more during the year 1966, the of such unit costs. However, in order to which shall include, among other things, following information: determine the volume of traffic moving actual expense and revenue data (in­ 1. Name of each affiliate from which in each weight bracket, data must be cluding anticipated expense and revenue respondent, during the year 1966, ac­ drawn from a representative sample of data to show the effect of the proposed quired, leased or purchased lands, build­ all carriers operating in the territory. increase or decrease) and operating ra­ ings, equipment, materials, supplies, For these reasons, the new order, unlike tios specifically related to the traffic parts, tires, tubes, gasoline, oil, or other the prior orders, provides that the group and carriers involved, overall operating property or services used by respondent of carriers used in the cost study need ratios, detailed data to establish the rep­ in its operations as a motor common not necessarily be identical with the resentative nature of the carriers used, carrier. group of carriers used in the traffic study. and in addition, all pertinent evidence 2. Kinds of property or service which 3. Profit level. The new order continues and supporting data for the individual each affiliate supplies to respondent.' a requirement that the carriers should representative carriers as they relate to present evidence regarding their opti­ 3. Basis of charges for property or their overall operations, and specifically services supplied by affiliate to respond­ mum profit level in general increase pro­ to the traffic and territories involved. ceedings. Rather than require rate of ent, including the base and rate for rental return ratios and evidence and data per­ It is further ordered, That the Com­ charges. tinent thereto, the new order more ex­ mission will take official notice of all the 4. Total charges by each affiliate to plicitly requires that specific evidence be respondent carriers’ financial statements respondent during the year 1966 for: produced to show the amount of money on file with the Commission. a. Lease of vehicles. needed by the carriers over and above It is further ordered, That the traffic b. Lease of terminals. their operating expenses to attract cap­ studies to be submitted shall represent c. Lease of other property. ital. Such evidence will aid the Commis­ the most current period possible, and d. Pickup and delivery of shipments. sion in determining the carriers’ revenue that they shall be based upon actual op­ e. Repair and servicing of vehicles. needs. , erations conducted during identical pe­ f. Management, accounting, financial, The new order, like the prior order in riods of time for each carrier; that the legal, purchasing, or traffic solicitation general increase proceedings, does not traffic studies shall be shown to be repre­ services. limit the proof that may be offered, but sentative of the traffic covered by the g. Property sold by affiliate to respond­ only seeks to outline the general nature rate proposal; and that the traffic study ent. of the proof we shall expect. Shippers be costed out çnd operating ratios de­ 5. If the affiliate derives revenue from and receivers of freight, of course, may termined by the individual weight brack­ the sale or lease of property or from also present evidence. Nevertheless, the ets included within the rate proposal; services through transactions with per­ facts bearing on revenue needs of motor It is further ordered, That all of the sons other than respondent, indicate the carriers are mainly and peculiarly within required data specified in this order shall percentage of the revenue of such busi­ their own knowledge. It is our hope that be based upon and reflect at least the ness to the total revenue of the affiliate a reasonable trial of the new order will most recent annual reporting period; in the year 1966. demonstrate that the revised procedures It is further ordered, That the cost 6. A copy of the income statements for allow the parties more expeditiously and study shall use the most current annual each affiliate for the year 1966 and the just as fairly to pinpoint the difficult reporting period adjusted to date; that latest period of 1967 for which an income areas for decision so that the small ship­ the costs shall be developed for all car­ ment traffic will incur no greater than, statement is available. riers operating in the territory subject 7. A statement listing the amounts of but no less than, its reasonable share of to the requirements for allocation of ex­ carrier costs. wages, salaries, bonuses, and other com­ penses between line haul and pickup and pensation paid by the affiliate in 1966 to By the Commission. delivery in 49 CFR Part 182, instructions any individual who is also a respondent 27 and 9002, whose ton-miles in the ter­ or an officer, director or substantial stock­ [seal] H. Neil Garson, ritory comprise 50 percent or more of its Secretary. holder of a respondent; or the wife or operations. If these carriers transport 70 close relative of a respondent or officer, [F.R. Doc. 67-5121; Filed, May 5, 1967; percent or more of the intercity ton-miles 8:50 a.m.] director or substantial stockholder of a within the territory involved they will be respondent. assumed to be representative for cost 8. The term “affiliate” as used in this [No. 34816] purposes of all the carriers involved; if not, it will be necessary to show that the order means: increased m in im u m charges be­ carriers are representative, which can be a. Any individual who is also a re­ spondent; an officer, director, or sub­ tween POINTS IN CENTRAL STATES done by random sampling. It is further ordered. That both the stantial stockholder of a respondent; or Present; Laurence K. Walrath, Com­ cost study and the traffic study be ade­ the wife or close relative either of a re­ missioner, to whom the matter which is quately supported by working papers to spondent, or of an officer, director, or the subject of this order has been re­ permit a complete check of the pro­ substantial stockholder of a respondent. ferred for action thereon. cedures followed and the results obtained. b. Any partnership in which one of the It appearing, that by order of the Com­ It is further ordered, That respondents partners is a respondent; an officer, di­ mission dated February 13, 1967, in the shall produce evidence of the sum of rector, or substantial stockholder of a above-entitled proceeding, an investiga­ money, in addition to operating expenses, respondent; or the wife or close relative tion was instituted into and concerning needed to attract debt and equity capital either of a respondent or of an officer, the lawfulness of the rates, charges, and which they require to insure financial director, or substantial stockholder of a regulations contained in the schedules stability and the capacity to render serv­ respondent. described in said order; ice. This evidence should include, without c. Any corporation whose stock is And it further appearing, that in or­ limiting the evidence that may be pre­ wholly or partly owned by a respondent; der that consideration be given to all sented, particularized reference to the by an officer, director, or substantial lactors which may bear upon a proper respondents’ reasonable interest, divi­ stockholder of a respondent; or by the determination of the issues, including the dend, and surplus requirements. wife or close relative either of a respond­ question whether the resulting rates It is further ordered, That all Class I ent or of an officer, director, or substan­ ould be just and reasonable, it is deemed and n motor carrier respondents shall tial stockholder of a respondent.

FEDERAL REGISTER, VOL. 32, NO. 88— SATURDAY, MAY 6, 1967 7004 NOTICES

d. Any corporation which exercises It is further ordered, That anyone de­ in the F ederal R egister as notice to all control over the operations or finances siring to become a party of record to interested persons. of respondent. receive copies of the verified material of And it is further ordered, That, to It is further ordered, That the detailed respondents to be filed in accordance avoid future unnecessary service upon information called for by this order shall with the procedure set forth above, must those respondents who, although par- be in writing and shall be verified by a notify the Commission, in writing, on ticipating carriers in the tariff schedules person or persons having knowledge or before May 29, 1967. As soon as prac­ which are the subject of investigation thereof; that such verified material shall ticable after such date, a service list of herein, are not actively interested in the be served on all parties of record on or all parties of record will be prepared and outcome of such investigation, subse­ before June 30, 1967, and at the same served by the Commission. Otherwise, quent service on respondents herein of time, respondents shall file an executed any interested person desiring to partici­ notices and orders of the Commission original and two copies with this Com­ pate in the proceeding may make his will be limited to those respondents who: mission, together \frith certificates of appearance at the hearing. (1) Have been identified by name in service in accordance with rule 1.22(a) of It is further ordered, That this pro­ the order or orders of investigation the general rules of practice; ceeding be, and it is hereby, referred to a herein, Hearing Examiner who will be designated (2) Specifically make written request It is further ordered, That all under­ to the Secretary of the Commission to lying data used in preparation of re­ at a later date, for hearing commencing on July 24, 1967, at 9:30 o’clock a.m., be included on the service list, or spondents’ detailed and verified material (3) Have appeared at a hearing. shall be made available in the office of the d.s.t. (or 9:30 o’clock a.m. U.S. standard party serving such verified matter during time, if that time is observed), in Chi­ Dated at Washington, D.C., th is 27th usual office hours for inspection by any cago, 111., at the U.S. Courthouse and day of April 1967. Federal Office Building, 219 South Dear­ party of record desiring to do so; and born Street, and for the recommendation By the Commission, Commissioner that the underlying data shall be made of an appropriate order thereon, accom­ Walrath. available also at the hearing, but only if panied by the reasons therefor. [seal] H. Neil G arson, and to the extent specifically requested It is further ordered, That a copy of Secretary. in writing and required by any party for this order be delivered to the Director, [F.R. Doc. 67-5122; Filed, May 5, 1967; the purpose of cross-examination. Office of Federal Register, for publication 8:50 a.m.]

FEDERAL REGISTER, VOL 32, NO. 88— SATURDAY, MAY 6, 1967 FEDERAL REGISTER 7005 CUMULATIVE LIST OF PARTS AFFECTED-MAY

title of the Code of » date during May.

Page Page 3 CFR 8 CFR— Continued 14 CFR— Continued Page Proclamation: P roposed R ules—Continued P roposed R ules: 3781------6757 236______6781 l ___ Executive Orders: 238 ______6781 39 6845, 6983 9988 (see EO 11350)------6961 239 ______6781 71______6845,6846 10001 (see EO 11350)______6961 . 242______6781 91— ...... 10008 (see EO 11350)______6961 243______6781 97______10116 (see EO 11350)______6961 245______6781 121_ _ 10202 (see EO 11350)_____ 6961 248 ______„ 6781 135 ______10292 (see EO 11350)______6961 249 ______6781 233 10363 (see EO 11350)______6961 251 ______„ 6781 243______10659 (see EO 11350)__ ___ - 6961 252 ___:______6781 302______10714 (see EO 11350)______6961 253 ______— 6781 378______10984 (see EO 11350)______6961 264______6781 11136 (amended by EO 11349) 6759 292______6781 16 CFR 299______6781 11007 (see EO 11349)______6759 13------6676, 6677, 6836, 6837, 6926-6928 11188 (see EO 11350)______6961 312______„ 6781 15______11349 ______6759 316a______— 6781 11350 ______6961 334______— 6781 337______6781 18 CFR 339______6781 101_____ 6678 341______6781 141_____ 6678 343______„ 6781 6674 343a______6781 19 CFR 343b______6781 13______6838 7 CFR 349------6781 499______6781 81- — 6673 21 CFR 730. ___ 6965 9 CFR 2—------6838 905. ___ 6930 8------6685 908. 6930,6966 203____ 6901 121------6686, 6775, 6970 910______6674, 6966 141c------6839 1006______6763 10 CFR 144------6970 1012______6835 10------6836 146c------6839 1062______6967 191__------6839 P roposed R ules 1096______6763 P roposed R ules: 25 ___ 6702 1127______6835 8------6701 1134______6835 26 ___ 6706 95______6710 20------6938 1427______6967 42------6844 1434______6967 120------6702 1483______6931 12 CFR 121...... 6844 1488------6836 509______6764 Proposed R ules: 541 ______6769 26 CFR 52____ 6848 542 ------6769 l______6679, 6682, 6971 1030- 6692 547— ------s______6769 1031- 6692 548 ------6770 P roposed R ules: 1038. 6692 549 --1------6770, 6773 1______6691 1039. 6692 550 ------6771 28 CFR 1045. 6692 551 ------6772 1051. 6692 566------6773 o...... 6930 1060. .6872 P roposed R ules: 29 CFR 1063. 6692 19------6687 1099- 6978 263------6723 465______6840 308------6716 P roposed R ules: 8 CFR 1604—...... 6941 Proposed R ules: 14 CFR 100------___ 6781 l ______------6905 32 CFR 101------6781 23_____------_ 6912 51______6777 103------6781 25______------6912 577_____ 6931 204— ------6781, 6978 27______------6914 1457____ 6971 211------6781 29______------6914 1464____ 6972 212------6781 39------6674, 6675, 6914, 6968, 6969 1624____ 6973 213 ------6781 61------6905 1626____ 6973 214 ------6781 71— ------6676, 6837 1627 _ 6973 215 ------6781 77------6970 1628 _ 6973 221—------6781 91------6906 1632____ 6973 223------6781 97------6915 1810____ 6932 231------6781 135------6908 234 ------6781 151------6925 33 CFR 235 ------6781 153------6925 401—___ 6973 No. 88----- 7 7006 FEDERAL REGISTER

36 CFR Page 41 CFR Paee 47 CFR P a ge 7...... - 6932 2-60______6974 311...... 6933 8-3______6974 15...... 11-1______i______6974 73______—------6779, 6 78 0 P roposed R ules: 11-7__ 6976 81______30__ 6978 85*______251...... 6978 42 CFR 91______35____ 6842 P roposed R ules: 38 CFR 97 ______— ------6942 3______6840 43 CFR 17...... 6841 22 ...... 6683 49 CFR Public Land Orders: 4152 (corrected)------6780 195______39 CFR 287_...... 6843 531______6973 45 CFR P roposed R ules: 4______—...... 6684 50 CFR 132______6701 801______6685 33...... ------6685

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