AXONAL 4 /± P a g e s 5159-5206 FEDERAL REGISTER

VOLUME 29 NUMBER 74 Wanted Washington, Wednesday, Aprii IS, 1964

C o n t e n t s

AGRICULTURE DEPARTMENT Notices FISH AND WILDLIFE SERVICE Notices Hearings, etc.: Rules and Regulations Grossco, Inc., and Valley Broad­ Ohio; designation of areas for casting Co______„ 5181 Restoration of game birds, fish and emergency loans______5178 Kimble Communications.______5181 mammals; equal employment opportunity.______5167 ATOMIC ENERGY COMMISSION Salem Broadcasting Co______5181 Springfield Television Broad­ Notices casting Corp.v et al_____ * ____ 5181 State of Florida; proposed agree­ WHDH, Inc., et al...... 5181 FOOD AND DRUG ment for assumption of certain ADMINISTRATION AEC regulatory authority______5174 FEDERAL MARITIME COMMISSION Notices CIVIL AERONAUTICS BOARD Petitions filed regarding food Rules and Regulations Notices additives: Agreements filed for approval: Dr. Salsbury’s Laboratories____ 5179 Air taxi operator; classification Alaska Steamship Co., et al.; Penick, S. B. & Co— ...... 5179 and exemption______5162 corrected notice______5182 Polymer Industries, Inc______5179 Notices City of Philadelphia et al______5182 Hearings, etc.: Lykes Bros. Steamship Co., Inc., International Air Transport As­ and Atid Cargo Lines, Ltd— __ 5182 HEALTH, EDUCATION, AND sociation ______5180 U.S. Atlantic and Gulf Ports and Service to Anderson, S.C______5181 Ports in Southwest, South, WELFARE DEPARTMENT and East Africa______5182 See Food and Drug Administra­ CIVIL SERVICE COMMISSION Wilhelmsen Line and Aktiebo- tion. Rules and Regulations laget Sevenska Amerika Linien______•______5182 Defense Department; excepted service______.______. 5161 INTERAGENCY TEXTILE FEDERAL POWER COMMISSION ADMINISTRATIVE COMMITTEE COMMERCE DEPARTMENT Notices - Notices See-International Commerce Bu­ Hearings, etc.: reau. Area Rate Proceeding et al_____ 5183 Cotton textile products produced Atlantic Seaboard Corp______5183 or manufactured in Brazil; re­ FEDERAL AVIATION AGENCY Delhi-Taylor Oil Corp., and striction on entry or withdrawal Rules and Regulations Mayfair Minerals, Inc______5183 from warehouse______5185 Airworthiness directives: Humble Oil and Refining Co., et Douglas Model DC-8 Aircraft— 5163 al------5185 Lycoming VO-540 Series En­ Midland National Bank et al___ 5184 INTERIOR DEPARTMENT gines______5163 See Fish and Wildlife Service; Federal airway; revocation______5162 FEDERAL RESERVE SYSTEM Land Management Bureau. restricted area; alteration______5162 Rules and Regulations Proposed Rule Making Bank holding companies; loans, Jet routes: discounts, extensions of credit, INTERNATIONAL COMMERCE Alteration (2 documents)____ 5168 interest bearing deposits, and BUREAU Designation______5168 substitution of borrowers._____ 5161 Rules and Regulations FEDERAL communications FEDERAL TRADE COMMISSION Technical data; exportation_____ 5163 COMMISSION Rules and Regulations Notices Mes and Regulations Wellems, Anna, et al.; order deny­ Prohibited trade practices: ing export privileges for an in­ Fr^ Ue^ y allocations and radio Friestan Products, Inc., et al 5164 ot«a j matters; miscellaneous Guarantee Reserve Life Insur­ definite period______5178 amendments.,___* ______5166 ance Company of Hammond— 5165 (Continued on next page) 5159 5160 CONTENTS

INTERSTATE COMMERCE Notices COMMISSION Wyoming; proposed withdrawal and reservation of lands______5178 Notices Fourth section applications for SECURITIES AND EXCHANGE relief______5204 Illinois Central Railroad; order COMMISSION vacating previous order______5204 Proposed Rule Making Motor carrier alternate route de­ National securities exchanges; viation notices______5185 proposed restriction of floor Motor carrier applications and trading______5168 certain other proceedings <2 documents)______5186,5190 TREASURY DEPARTMENT Motor carrier, broker, water car­ rier and freight forwarder ap­ Notices plications ______5192 Termination of authority to quali­ Motor carrier intrastate applica­ fy as sureties on Federal tions ______5202 bonds: Motor carrier transfer proceedings New England Insurance Co., and (2 documents)______5203,5204 Standard Insurance Co_____ 5177 Standard Accident Insurance LAND MANAGEMENT BUREAU C o ______*______5177 V Rules and Regulations VETERANS ADMINISTRATION Public land orders: Alaska______5166 Rules and Regulations Montana ______5166 General provisions; ex parte com- • Oregon.______5166 munications______5165

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, 1964, and specifies how they are affected. 3 CFR 16 CFR E xecutive O rders : 13 (2 documents)______5164,5165 June 13, 1899 (revoked in part by Volume 76 PLO 3384)______5166 17 CFR 1194 (revoked in part by PLO UNITED STATES 3384)______5166 P roposed R u l e s : 4131 (revoked in part by PLO 240______5168 STATUTES AT LARGE 3384)______5166 [87th Cong., 2d Sess.l 5 CFR 38 CFR ^ 213------5161 1— — ------5165 Contains laws and concurrent resolutions enacted by the Congress during 1962, 12 CFR 43 CFR Reorganization Plan No. 2 of 1962, pro­ 222------5161 posed amendment to the Constitution, and P u b l ic L and O rders: Presidential proclamations 14 CFR 3382 ____ 5166 Price: $10.00 71 [N ew ]------5162 3383 __ 5166 73 [N e w ]______5162 3384 ______5166 Published by Office of the Federal Register, 298------jr------5162 National Archives and Records Service, 507 (2 documents)______5163 4 7 CFR General Services Administration P roposed R u i.e s : 2------5166 75 [New] (3 documents)______5168 Order from Superintendent of Documents, Government Printing Office, 15 CFR 50 CFR Washington, D.C., 20402 385— ------5163 80------5167

Published daily, except Sundays, Mondays, and days following official Federal holidays, FEDERALS®ISTER by the Office of the Federal Register, National Archives and Records Service, General Serv­ Telephone WOrth 3-3261 ices Administration, pursuant to the authority contained in the Federal Register Act, „ r«vi«o*' ■ ¡approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8 B ), under regulations prescribed by the Administrative Committee of the Federal Register, approved by the President. Distribution is made only by the Superintendent of Documents, 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 $15.00 per year, payable in advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or money order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402. The regulatory material appearing herein , is keyed to the Code o p F ederal R e g u la tio n s, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended August 5, 1953. The Code of F ederal R e g u la tio n s is sold by the Superin­ tendent of Documents. Prices of books and pocket supplements vary. There are no restrictions on the republication of material appearing in the F ederal R egister, or the Code o p F ederal R egulations. Rules and Regulations

(b) Interest-hearing deposits as (3) The substitution of a new bor­ Title 5— ADMINISTRATIVE i,loans>> or *'extensions of credit”. (1) rower in good faith, as in the case of the The first question involves (i) an inter­ sale of a mortgaged home by the original PERSONNEL est-bearing deposit by a bank, which is borrower thereon and the assumption of also a registered bank holding company, the loan by the purchaser, is regarded by Chapter I— Civil Service Commission with a subsidiary -bank, and (ii) an the Board as a change permitting the loan to be treated as a “new loan” eli­ pART 213— EXCEPTED SERVICE interest-bearing deposit by the subsidiary bank with a branch of its parent bank, gible for participation as of the time of Department of Defense the bank holding company. the substitution of borrowers. It is dear (2) The last paragraph of section 6(a) that the same principles that determine Section 213.3206(a) (1) Is amended to of the Act provides in part that “Non- the eligibility of a loan for participation authorize a new exception for two Spe­ interest-bearing deposits to the credit of also determine eligibility for a change of cial Projects Directors, CS-15. Effective a bank shall not be deemed to be a loan lenders as to the entire amount of the upon publication in tfcfe F ederal R eg­ or advance to the bank of deposit * * *.” loan. ister, subparagraph (1) of paragraph On the basis of the clear implication of (4) Therefore, it is the Board’s posi­ (a) of § 213.3206 is amended as set out that language, it is the Board’s position tion that thesubstitution of borrowers on below. that an interest-bearing deposit shall be the home mortgage loan as described § 213.3206 Department of Defense. deemed to be a loan or advance unless would permit the loan to be transferred the circumstances of a particular case between holding company co-subsidiary (a) Office of the Secretary. (1) Pro­ strongly compel a different conclusion. banks, provided that the transfer is ac­ fessional members of Policy Planning Assuming that the interest-bearing de­ complished "at the outset” with respect Staff in positions at grades GS-16 and posits in the present case are to be to the substitution of borrowers, in a above and two Special Projects Directors, deemed to be loans or advances, the de­ manner consistent with the 1958 inter­ GS-15, Office of Deputy Assistant Sec­ posit by the subsidiary bank with the pretation dted above. retary (Planning and N SC ), Office of branch of its parent holding company (d) Inter-subsidiary transfer of cor­ the Assistant Secretary of Defense (In ­ would be prohibited as a “loan” or “ex­ porate loan upon a substitution of bor­ ternational Security A ffairs). tension of credit” by a “bank”, as de­ rowers by merger. ( 1 ) The facts pertain­ * * * • ~ * fined in section 2(c) of the Act, “to a ing to the third question may be sum-, (R A 1753, sec. 2, 22 Stat. 403, as amended; bank holding company of which It is a marized as follows: B Corporation has a 5 U.S.C. 631, 633; E jO. 10577, 19 F.R. 7521, subsidiary”. However,- the deposit by line of credit with holding company sub­ 8 CFR, 1954-1958 Comp., p. 218) the parent bank, the bank holding com­ sidiary Y Bank. By the terms of a pro­ posed merger of B Corporation into A U nited S tates C iv il S erv­ pany, with its subsidiary bank would not Corporation, A Corporation is to assume ice C o m m is s io n , be prohibited because, on the basis of B ’s loan liability. It is proposed that at [ seal] M art V. W en ze l, the language of section 6 (a )(4 ) of the Executive Assistant to Act and § 222.6 (Reg. Y ), the prohibi­ the time of the merger, when A Corpo­ the Commissioners. tion does not apply to a loan by a bank ration is substituted as borrower on B ’s which is not itself a subsidiary of a bank old line of credit with Y Bank, Y ’s co­ [FJR. Doc. 64-3715; Filed, Apr. 14, 1964; subsidiary X Bank be substituted as 8:49 a.m.] holding company. (c) Inter-subsidiary mortgage loan lender. X Bank would take a new note transfer upon substitution of new from A Corporation, pay off Y Bank, and borrower. (1) The second question in­ take an assignment of collateral from Y Bank. Prior to the merger, B Corpo­ Title 12— BANKS AND RANKING volves the “transfer” of a home mort­ gage loan from holding company bank ration is wholly owned by A Corporation. Chapter II— Federal Reserve System “X ” to co-subsidiary bank “Y ” in con­ (2) If A Corporation’s assumption of nection with the substitution of the pur­ B Corporation’s liability can be regarded SUBCHAPTER A— BOARD OF GOVERNORS OF as the good faith substitution of a new THE FEDERAL RESERVE SYSTEM chaser of the home for the seller as bor­ rower. Bank X agrees to forward the borrower, that event would permit the outstanding line of credit and advances [Reg. Y ] loan to Bank Y for the recording of sub­ stitution of liability and for collection. thereunder to be regarded as a “new PART 222— BANK HOLDING loan” eligible for transfer between co­ (2) The question is whether such a subsidiary banks at the time of such sub­ COMPANIES loan transfer is a sale of paper equiva­ stitution, on the same principles as those lent to a “discount” prohibited by sec­ Loans, Discounts, and Extensions of applied above in the case of the home tion 6(a) (4) of the Act in accordance loan mortgage. However, the fact that Credit; Interest Bearing Deposits, with the Board’s decision in the matter prior to the merger B Corporation is and Substitution of Borrowers of “General Contract Corporation”, 44 wholly owned by A Corporation raises the F.R. Bulletin 260 (1958). In the course § 222.117 Loans, discounts, and exten­ question whether A Corporation should of that opinion, the Board took the posi­ sions of credit: interest-bearing de­ be regarded as a “new borrower” for the tion, in effect, that bank loans might be posits, substitution of borrowers* purposes of section 6(a) (4) in this case. participated, without involving a “dis­ (3) The Board takes the position that, (a) The Board of Governors has re­ count” of the amount of the participa­ if A Corporation has had no legal lia­ tion, provided that the participations cently been asked to consider the appli­ bility as to B Corporation’s line of credit cation of section 6(a) of the Bank Hold­ are “joined at the outset”. A subsequent (or the security given therefor) prior interpretation in 1958, codified as § 222.- ing Company Act (“the Act”) to three to the merger, then A Corporation may different factual situations involving 105, contains examples of the methods be regarded as a “new borrower” in spite transactions between holding company by which a loan might be participated of its stock ownership of B Corporation. “at the outset” so that it would not in­ banks. All three questions pertain to the However, a substitution of borrowers will volve the sale of an asset of the “origi­ application of section 6(a) (4) of the not constitute the making of a new loan nating” bank. The Board has also taken unless the “new borrower” is in fact Act, under which it is unlawful for a the position that upon certain changes bank “to make any loan, discount or ex­ entirely new so far as liability on the In the incidents of a loan it may be re­ loan or extension of credit is concerned; tension of credit to a bank holding com­ garded as a “new loan” so that the par­ when there is a corporate affiliation as pany of which it is a subsidiary or to ticipation of the loan as of the time of in this case, it becomes particularly ap­ ahy other subsidiary of such bank hold- such a change becomes permissible as a big company.” participation “at the outset”. propriate to make inquiry as to whether 5161 5162 RULES AND REGULATIONS

there is in fact a good faith substitution F ederal R eg ister (29 F.R. 21) stating Section 298.21(d) of the Board’s Eco­ of borrowers. that the Federal Aviation Agency was nomic Regulations provides that no serv­ (12 U.S.C. 1844) considering amendments to Parts 73 and ice by helicopter aircraft shall be offered 71 of the Federal Aviation Regulations Dated at Washington, D.C., this 6th or performed by an air taxi operator be­ which would alter the boundaries of the day of April 1964. tween any two points between which Goldsboro, North Carolina (Seymour- scheduled helicopter service is provided By order of the Board of Governors. Johnson A F B ), Restricted Area/Military by the holder of a certificate of public [ s e a l ] M erritt S h e r m a n , Climb Corridor R-5312 (§ 73.53). The convenience and necessity authorizing Secretary. notice stated also that if the proposal such service. Section 298.2(f) provides [F.R. Doc. 64-3660; Filed, Apr. 14, 1964; was adopted, the description of the that when used in connection with the 8:45 a.m.] Goldsboro, North Carolina, control zone continental United States, except Alaska, (§ 71.171) would be amended to require the term “point” shall mean any airport approval from appropriate authority or place where aircraft may be landed or prior to operation within that portion of taken off, including the area within a Title 14— AERONAUTICS AND the control zone which coincides with three-mile radius thereof. the restricted area/military climb cor­ West 30th Street Heliport, now avail­ SPACE ' ridor. The description of the control able for use by air taxi operators, and Chapter I— Federal Aviation Agency zone is not changed herein since this re­ the Pan Am Building Heliport, which is quirement is specified in § 91.95 of the proposed to be placed in operation SUBCHAPTER E— AIRSPACE [NEW] Federal Aviation Regulations. shortly, are both located in the City of [Airspace Docket No. 64-EA-20] interested persons were afforded &n New York and are within three miles of opportunity to participate in the rule each other. Thus, under the Part 298 pa r t 71— DESIGNATION OF FEDERAL making through submission of com­ provisions above cited, they are to be AIRWAYS, CONTROLLED AIRSPACE, ments. All comments received were taken as a single point, and operations by AND REPORTING POINTS [NEW] favorable. a certificated helicopter operator from Revocation of Federal Airway In consideration of the foregoing and the Pan Am Building to other points for the reasons stated in the Notice, the would preclude air taxi operations be­ The purpose of this amendment to following action is taken: tween those points and the 30th Street Part 71 [New] of the Federal Aviation In § 73.53 North Carolina (29 F.R. Heliport. Regulations is to revoke VOR Federal 1269), R-5312 Goldsboro, North Caro­ By petition dated March 19,1964, New airway No. 856 (Chicago, HI., Metropoli­ lina (Seymour-Johnson AFB), Re­ York Airways, Inc. (N Y A ), the holder of tan Area to New York, N.Y., Metropoli­ stricted Area/Military Climb Corridor is a certificate of public convenience and tan A re a ). amended to read: necessity authorizing it to engage in air The 800 series airways are designated R-5312 Goldsboro, N.C. (Seymour-Johnson transportation by helicopter, has re­ to indicate preferred routes of flight be­ AFB), Restricted Area/Military Climb quested that the Board “lift the present tween major terminal areas for the pur­ Corridor. three-mile rule of Part 298 insofar as it pose of segregating opposite direction Boundaries. From a point of beginning concerns the Pan Am Building and 30th traffic and generally coincide with exist­ at latitude 35° 19'27" N., longitude 78°00'55" Street Heliports * * * or issue an in­ ing VOR Federal airways. Victor 856 W., the area centered on a .bearing there­ terim exemption order permitting the is designated via low altitude airways. from of 228*, extending to a point 30 nmt continuance of Air Taxi operations at Since the preferred route for aircraft SW, having a width of 2 nmi at the beginning and expanding uniformly to a width of 6 nmi 30th Street (notwithstanding the com­ operating from Chicago to New York is at the outer extremity. mencement of operations by NYA at the now via airways in the intermediate alti­ Designated altitudes. Surface to flight Pan Am Building Heliport) to the same tude airway structure, Victor 856 no level "240 from the point of beginning to 3 extent as now permitted by Part 298.” longer serves the purpose for which it nmi SW. 2,000 feet MSL to flight level 240 No objections have been submitted to was designated. Accordingly, action is from 3 to 6 nmLSW of the point of begin­ the request, and the Port of New York taken herein to revoke Victor 856. ning. 5,000 feet MSL to flight level 240 from Authority supports it in a letter ad­ Since this action will neither assign 6 to 11 nmi SW of the point of beginning. 10,000 feet MSL to flight level 240 from 11 to dressed to the Board on March 25, 1964. nor reassign airspace and will impose no 15 nmi SW of the point of beginning. 14,000 West 30th Street Heliport was con­ additional burden on any person, notice feet MSL to flight level 240 from 15 to 19 structed and is operated by the Port of and public procedure hereon are unnec­ nmi SW of the point of beginning. 16,000 New York Authority, a public body, as a essary. However, since it is necessary feet MSL to flight level 240 from 19 to 25 unit in its transportation complex, and that sufficient tiipe be allowed to per­ nmi SW of the point of beginning. 20,000 is available for qse by air taxi operators mit appropriate changes to be made feet MSL to flight level 240 from 25 to 30 employing helicopters. N YA proposes to nmi SW of the point of beginning. on aeronautical charts, this amendment Time of designation. Continuous. commence helicopter services between will become effective more than 30 days Controlling agency. Federal Aviation the Pan Am Building Heliport and the after publication. Agency, Raleigh-Durham Approach Control. World’s Fair Heliport. It will also use In consideration of the foregoing, the Using agency. Commander, Seymour- the Pan Am Building Heliport for certain following action is taken: Johnson AFB, N.C. other services. Under the terms of Part In § 71.123 (29 FJR. 1009) V-856 is This amendment shall become effective 298, the inauguration of these services revoked. 0001 e.s.t., June 25, 1964. will automatically foreclose the West 30th Street Heliport to air taxi helicopter This amendment shall become effective (Sec. 307(a), 72 Stat. 749; U.S.C. 1348) 0001 e.s.t., June 25, 1964. services to any point served by NYA from Issued in Washington, D.C., on April 8, the Pan Am Building Heliport. (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348) 1964. The petitioner requesting a partial lift­ Issued in Washington, D.C., on April 8, L ee E. W a r r e n , ing, of those restrictions is in the class of 1964. Director, Air Traffic Service. carrier for whosq protection the restric­ H . B. H e ls t r o m , [F.R. Doc. 64-3662; Filed, Apr. 14, 1964; tions were designed. It does not appear Acting Chief, Airspace Regulations 8:45 a.m.] that the requested relief would result in and Procedures Division. any present subsidy impact, and it will make available to the public air taxi [F.R. Doc. 64-3661; Filed, Apr. 14, 1964; Chapter II-—Civil Aeronautics Board 8:45 a.m.] helicopter services without cost to the SUBCHAPTER A— ECONOMIC REGULATIONS Government. Under these circum­ [Reg. No. ER-402] stances, we have determined to amend [Airspace Docket No, 63-SO-78] PART 298— CLASSIFICATION AND EX­ Part 298 as prayed in the petition. This PART 73— SPECIAL USE AIRSPACE EMPTION OF AIR TAXI OPERATORS renders moot the request for an exemp­ [NEW] tion from the existing regulation. Limitation on Exemptions; Definitions Alteration of Restricted Area This regulation does not impose any Adopted by the Civil Aeronautics regulatory burden upon any person, it On January 1, 1964, a notice of pro­ Board at its office in Washington, D.C., relieves restrictive burdens heretofore posed rule making was published in the on the 9th day of April 1964. existing, and the public interest requires Wednesday, A p r il 15, 1964 FEDERAL REGISTER 5163

(c) The following shall be accomplished in that it become effective promptly. Ac­ F.R. 12057, Douglas Model DC-8 Series aircraft, is further amended by: accordance with the instructions contained cordingly, we find that notice and public in the latest revision of Lycoming Service procedures thereon are not required, and 1. Changing paragraph (d) to read: Bulletin No. 296. this amendment may be made effective on (d) The periodic reinspection prescribed (1) Inspect each connecting rod P/N 71947 less than 30 days’ notice. by. (b ) and (c) (2) may be discontinued for galling on the surface facing the bearing In consideration whereof, the Civil when: • insert. Aeronautics Board hereby amends Part (1) It is determined that no wear or con­ (2) If there is any evidence of galling, the 298 of its Economic Regulations (14 CFR tact with the guide support assembly has entire rod assembly shall be replaced. developed during the preceding reinspection (3) I f there is no evidence of galling, Part 298), effective on April 15, 1964 by interval, or modify the connecting rod P/N 71947 and adding a proviso to § 298.2(f), so that it (2) The elevator control tab push-rod as­ replace connecting rod bolt P/N 71087 with shall read as follows: sembly Douglas P/N 3703218 is replaced with new stretch bolts P/N 74033 and nut P/N (f) “Point” when used in connection Douglas P/N 3703218-501, in accordance with 72796. the procedure outlined in DC-8 Service B ul­ with any territory or possession of the letin No. 2T-150 dated November 5, 1963, This amendijient shall become effec­ United States, or the States of Alaska or by an FAA-approved equivalent part and tive May 18,1964. and Hawaii, means any airport or place procedure. (Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776; where aircraft may be landed or taken' 49 U.S.C. 1354(a), 1421, 1423) off, including the area within a 25-mile 2. Changing the parenthetical refer­ radius of such airport or place; when ence statement to read:' Issued in Washington, D.C., on April used in connection with the continental (Douglas DC-8 Service Bulletins No. 27-51, 8,1964; United. States, except Alaska, it shall Reissue No. 1, dated September 25, 1962, and W . L l o y d L a n e , have the same meaning except be limited No. 27-150, dated November 5, 1963, covers Acting Director, to the area within a three-mile radius this same subject) FlightStandards Service. of such airport or place: Provided, That This amendment shall become effective [F.R. Doc. 64-3664; Filed,- Apr. 14, 1964; for the purposes of this part, West 30th April 15,1964. 8:45 am .] Street Heliport and Pan Am Building (Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776; Heliport, both located in New York City, 49 U.S.C. 1354(a), 1421,1423) shall be regarded as separate points. Issued in Washington, D.C., on April 9, Title 15— COMMERCE AND Effective: April 15, 1964. 1964. Adopted: April 9, 1964. G . S. M o ore, FOREIGN TRADE Director Flight Standards Service. (Sec. 204(a), 72 Stat. 743; 49 U.S.C. 1324; Chapter III-—Bureau of International Interpret or apply secs. 411, 416, 72 Stat. 769, [P.R. Doc. 64-3663; Piled, Apr. 14, 1964; 771; 49 U.S.C. 1381,1386) 8:45 a.m.] Commerce, Department of Commerce By the Civil Aeronautics Board. SUBCHAPTER B— EXPORT REGULATIONS [Reg. Docket No. 1964; Arndt. 713] [9th General Rev., Export Regs.; Arndt. [ seal] H arold R . S a n d e r s o n , No. 82] Secretary. PART 507— AIRWORTHINESS [Pit. Doc. 64-3712; Plied, Apr. 14, 1964; DIRECTIVES , PART 385— EXPORTATION OF 8:49 a.m.| TECHNICAL DATA Lycoming VO—540 Series Engines General License GTDU; Unpublished A proposal to amend Part 507 of the Chapter III— Federal Aviation Agency Regulations of the Administrator to in­ Technical Data SUBCHAPTER C— AIRCRAFT REGULATIONS clude artd airworthiness directive re­ Section 385.2 General licenses, para- ' [Regulatory Docket No. 4094; Arndt. 714] quiring replacement of the connecting graph (c) General License G T D U ; Un­ rod bolts and inspection prior to modifi­ published technical data, subparagraph PART 507— AIRWORTHINESS cation of the connecting rods on Lycom­ (.A) Requirement of written assurance for DIRECTIVES ing VO-540 Series engines was published certain data, services* materials, and in 29 F.R.2509. equipment is amended in the following Douglas Model DC—8 Series Aircraft Interested persons have been afforded respects: Amendment 554, 28 P.R. 3780, AD 63- an opportunity to participate in the mak­ 1. The heading of subparagraph (4) is 6-2, as revised by Amendment 643, 28 ing of the amendment. No objections amended; PJt. 12057, requires removal and inspec­ were received. 2. In the introductory portion of sub- tion of the elevator control tab push rod In consideration of the foregoing, and paragraph (4) the three references to bn Douglas Model DC-8 Series aircraft. pursuant to the authority delegated to “subdivisions (i) and (ii) ” are amended ' .Since the issuance of Amendment 554, me by the Administrator (25 F.R. 6489), to read “subdivisions ( i ) , (ii), and (iii),” / the manufacturer has designed and ob­ § 507.10(a) of Part 507 (14 CFR Part and the reference to subdivision (iii) is li t&ined FAA approval of a new tab push 507) , is hereby amended by adding the amended to read subdivision (iv ); rod assembly which eliminates the need following new airworthiness directives: 3. Subdivision (i) is amended; for the repetitive inspections. There­ 4. Subdivisions (ii) and (iii) are re­ L y c o m in g . Applies to VO—540 Series en­ designated (iii) and (iv) respectively and fore, Amendment 554 as amended by gines with Serial Numbers 101-43 Amendment 643, is being further through 724-43, 727-43 through 743-43, a new subdivision (ii) is added. amended to permit the discontinuance of 747-43 and 753-43, except remanufac­ The heading of paragraph (4), as the repetitive inspections outlined in the tured engines shipped from Lycoming amended, and subdivision ( i ) , as amend­ AD when a newly designed elevator con­ after October 29, 1962. ed, and the new subdivision (ii), read as trol tab push rod assembly is substituted Compliance required as indicated. follows: To preclude the possibility of connecting for the original push rod assembly. § 385.2 General licenses. Since this amendment is relieving in rod P/N 71947 failure, the inspection and modification set forth in paragraph (c) shall ***** nature and imposes no additional burden be accomplished at the times specified in (c) General License G T D U ; Unpub­ on any person, notice and public proce­ paragraphs (a) and (b). dure hereon are unnecessary, and the (a ) On engines which, as of the effective lished technical data. * * * amendment may be made effective upon date of this AD, have less than 550 hours’ (4) Requirement of written assurance Publication in the F ederal R eg ister . time in service since new or since overhaul, for certain data, services, and mate­ In consideration of the foregoing,'and compliance with (c) is required prior to 600 rials. * * * Pursuant to the authority delegated to horns’ time in service. _ (i) Technical data and services listed (b ) On engines which, as of the effective the Administrator (25 F.R. 6489), in (a) of this subdivision for the plants date of this AD, have 550 or more hours’ time and processes listed in (b) of this sub­ 5507.10(a) of Part 507 (14 CFR Part in service since new or since overhaul, com­ 007), is amended as follows : pliance with (c) is required within the next division: Amendment 554, 28 F.R/3780, AD 63- 50 hours’ time in service after the effective (a ) Type of technical data and as amended by Amendment 643, 28 date of this AD. services: 5164 RULES AND REGULATIONS

(2) Proprietary research and the re­ Department Department sults therefrom; - of Commerce of Commerce v (2) Processes developed pursuant to Schedule B Schedule B research (including technology with re­ No. Commodity description No. Commodity description 77076__Axial flow and mixed flow air and 77460_Automatic control or regulating pipe gard to component equipment items) ; gas compressors capable of re-* valves having all flow-contact sur­ (3) Catalyst production, activation, ceiving a power input of 500 horse­ faces made of or lined with any utilization, reactivation and recovery; power or greater and specially of the materials specified.1 (4) Plant and equipment design and designed for use in the processing 77465__Pipe valves, n.e.c., having all flow- layout to implement the processes; and of petroleum, petrochemicals, nat­ contact surfaces made of or lined (5) Construction and operation of ural gas or their fractions. with any of the materials speci­ 77076— Axial flow and mixed flow air and fied.1 plant and equipment. gas compressors having all flow- (b) Types of plants and processes: 77567__Nonelectric industrial furnaces contact surfaces made of or lined (heaters) of the ^following types: The following plants or processes usable with any of the materials ■ speci­ (a) cylindrical having a suspended fied.1 deflecting cone, or (b ) radiant wall in the treatment of petroleum or natural 77078— Parts and accessories, n.e.c., specially gas fractions or of products derived di­ employing multiple independently fabricated for compressors in­ controlled ceramic cup burners. rectly or indirectly therefrom:2 cluded above under Schedule B 77570__Parts and accessories, n.e.c., speci­ alkylation oxidation Nos. 77073 and 77076. . ally designed for the furnaces aromatization oxo process 77101— Centrifugal pumps specially de­ (heaters) included above under cracking dzonolysis signed for use in the processing Schedule B No. 77567. dehydrogenation polymerization of petroleum, petrochemicals, nat­ 77582— Mixing and blending machines and desulfurization reduction ural gas or their fractions. specially fabricated parts and ac­ halogénation leforming 77101 — Centrifugal pumps having all flow- cessories, n.e.c., having all flow- hydrogenation selective absorption contact surfaces made of or lined contact surfaces made of or lined isomerization selective adsorption with any of the materials speci­ with any of the materials speci­ fied.1 nitration fied.1 77103— Turbine pumps specially designed 77585__Fractionating columns as follows: (ii) Technical data relating to the fol­ for use in the processing of petro­ (a ) having, or- having provisions lowing commodities usable in processes leum, petrochemicals, natural gas for, 25 or more trays, or (b ) having listed in (b) of subdivision (i) of this or their fractions. all flow-contact surfaces made of subparagraph: 77103— Turbine pumps having all flow- or lined with any of the materials contact surfaces made of or lined specified; 1 and specially fabricated Department ' with any of the materials speci­ parts and accessories, n.e.c. of Commerce fied.1 77585__, Other processing vessels, non-mix­ Schedule B 77105— Rotary pumps specially designed for ing, n.e.c., having all flow-contact No. Commodity description use in the processing of petroleum, surfaces made of or lined with any 77046__Stationary positive displacement air petrochemicals, natural gas or of the materials specified;1 and and gas compressors, reciprocating, their fractions. specially fabricated parts and ac­ capable of receiving a power input 77105— Rotary pumps having all flow-con- cessories, n.e.c. of 500 horsepower or greater and -- tact surfaces made of or lined with 77588__Separators and collectors, industrial specially designed for use in the any of the materials specified.1 process types, n.e.c., and specially processing of petroleum, petro­ 77107— Reciprocating power pumps specially fabricated parts and accessories, chemicals, natural gas or their designed for use in the processing n.e.c., having all flow-contact sur­ fractions. of petroleum, petrochemicals, nat­ faces made of or lined with any of 77046-_ Stationary positive displacement air ural gas or their fractions. the materials specified.1 and gas compressors, reciprocating, 77107— Reciprocating power pumps having 77599__Pulsation dampeners, and specially flow-contact surfaces made of or over 125 horsepower, having all fabricated parts and accessories, lined with any of the materials flow-contact surfaces made of or n.e,c., having all flow-contact sur­ lined with any of the materials specified.1 faces made of or lined with any of 77117— Pumps n.e.c., specially designed for specified.1 the materials specified.1 77063— Parts and accessories,,n.e.c., specially use in the processing of petroleum, fabricated for compressors in­ petrochemicals, natural gas or * • • * • * cluded above under Schedule B No. their fractions. This amendment shall become effective 77046. 77117— Pumps, n.e.c., having all flow-con­ April 15, 1964. 77073__Centrifugal air and gas compressors tact surfaces made of or lined with capable of receiving a power input any of the materials specified.1 (Sec. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. of 500 horsepower or greater and 77119__Parts and accessories, n.e.c., specially 10945, 26 F.R. 4487; E.O. 11038, 27 PJ*. 7003) specially designed for use in the fabricated for pumps Included F orrest D. H ockersmith, processing of petroleum, petro­ above under Schedule B Nos. Director, chemicals, natural gas or .their 77101, 77103, 77105, 77107, and fractions. 77117. Office of Export Control. 77073__ Centrifugal air and gas compressors 77125__Bleat exchangers having all flow- [F.R. Doc. 64-3709; Filed, ApT. 14, 1964; having all flow-contact surfaces contact surfaces made of or lined 8:50 a.m.] made of or lined with any at the with any of the materials speci­ material specified.1 fied; 1 and specially fabricated parts and accessories, n.es. 1 The materials applicable to the flow- 77450— Pipe valves, iron or steel, specially contact surfaces of this equipment are: (a) designed for use in the processing Title 16— COMMERCIAL 90 percent or more tantalum, titanium, or of petroleum, petrochemicals, nat­ zirconium, either separately or combined, ural gas or their fractions. (b) 50 percent or more cobalt, molybdenum, PRACTICES 77450__Pipe valves, iron or steel, having all nickel or tungsten either separately or com­ Chapter I— Federal Trade bined, (c) 13 percent or more silicon, (d ) flow-contact surfaces made of or steel alloys containing any combination of lined with any of the materials Commission specified.1 chromium, with either or both molybdenum [Docket No. 8592] or tungsten in which the sum of the alloy­ 77455__Pipe valves, brass, bronze or other ing elements exceeds 3 percent of the total, nonferrous metals, specially de­ PART 13— PROHIBITED TRADE (e) 2.5 percent or more nickel, (f) fluoro signed for use in the processing of PRACTICES and/or silico resins, (g ) glass (acid-, heat-, or petroleum, petrochemicals, natural shock-resistant), (h ) ceramics, (i) carbon, gas or their fractions. Friestan Products, Inc., et al. (J) graphite, or and elements and other compounds. their fractions. Docket 8592, Mar. 27, 1964] Wednesday, April 15, 1964 FEDERAL REGISTER 5165

In the Matter of Friestan Products, Inc., (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets any reduction in benefits or any other a Corporation, as Friestan Products, or applies sec. 5, 38 Stat. 719, as amended; such provision, condition or limitation 15 U.S.C. 45) [Cease and desist order, and Friestan Distributors, and Morris contained in the policy is made conspic­ Guarantee Reserve Life Insurance Company uously, prominently and in sufficiently Friedman and Edwin Hass, Individu­ of Hammond, Hammond, Ind., Docket C-726, ally and as Officers of Said Corpora­ Mar. 25,1964] close conjunction with the representa­ tion tion as will fully relieve it of all capacity Consent order requiring a health and to deceive. Order requiring Philadelphia sellers of accident insurance company with head­ 2. That any policy provides for in­ home improvement materials to the pub- quarters in Hammond, Ind., to cease mis­ demnification against disability or loss lie to cease representing in newspaper representing the cost, coverage, benefits due to sickness, disease, accident or and other advertising and by statements and conditions of their policies, in circu­ death, in any amount or for any period of their salesmen, that they were offering lars, folders and other advertising mate­ of time, unless a statement of all the storm-screen windows at bargain prices rial disseminated throughout the various conditions, exceptions, restrictions and when the purported offers were not bona states. limitations affecting the indemnifica­ fide but were made to obtain leads to The order to cease and desist, including tion actually provided is set forth con­ prospects who were then pressured to further order requiring report of com­ spicuously, prominently and in sufficient­ purchase different and more expensive pliance therewith, is as follows: ly close conjunction with the representa­ storm-screen windows. It is ordered, That respondent Guaran­ tion as will fully relieve it of all capacity The order to cease and desist is as tee Reserve Life Insurance Company of to deceive. follows: Hammond, a corporation, and its offi­ It is further ordered, That the re­ It is ordered, That respondent Friestan cers, agents, representatives and em­ spondent herein shall, within sixty (60) Products, Inc., a corporation, trading as ployees, directly or through any corpo­ days after service upon it of this order, Friestan Products, and Friestan Distrib­ rate or other device, in connection with file with the Commission a report in writ­ utors, or under any other name or names, the offering for sale, sale and distribution ing setting forth in detail the manner and its officers, and Morris Friedman and of any insurance policy or policies, in and form in which it has complied with Edwin Hass, individually and as officers commerce, as “commerce” is defined in this order. of said corporation, and respondents’ the Federal Trade Commission Act, ex­ Issued: March 25,1964. agents, representatives and employees, cept in those States where respondent is By the Commission. directly or through any corporate or other licensed and regulated by State law to device, in connection with the offering conduct the business of insurance, do [ seal] Joseph W . S h ea, for sale, sale or distribution of storm- forthwith cease and desist from: Secretary. screen windows, or any other merchan­ A. Representing, directly or by impli­ [F-R. Doc. 64-3669; Filed, Apr. 14, 1964; dise in commerce, as “commerce” is de­ cation: 8:45 ajn .] fined in the Federal Trade Commission 1. That, for a payment of three cents Act, do forthwith cease and desist from: or any other amount, respondent will 1. Using in any manner, a sales plan, issue a policy which will provide indemni­ scheme or device wherein false, mislead­ fication for loss due to sickness and acci­ Title 38— PENSIONS, BONUSES, ing or deceptive statements or repre­ dent for a period of thirty days, or any sentations are made in order to obtain other length of time, when such policy AND VETERANS’ RELIEF leads or prospects for the sale of mer­ specifies that any of such benefits shall Chapter I— Veterans Administration chandise or services. not accrue until the policy has been in 2. Discouraging the purchase of, or force for thirty days, or such other length PART 1— GENERAL PROVISIONS disparaging, any merchandise or services of time, from date of issuance. Ex Parte Communications which are advertised or offered for sale. 2. That a policy provides for indemni­ In § L774, paragraph (e) is added to 3. Representing, directly or indirectly, fication for accidental disablement in all that any merchandise or services are of­ instances where the insured is traveling read as follows: fered for sale when such offer is not a on a train or in a private automobile § 1.774 Miscellaneous provisions. bona fide offer to sell said merchandise or as a pedestrian when said policy con­ ***** or services. tains exceptions and limitations concern­ (e) Ex parte communications. Any ing the conditions of such travel under communication between a Board member By “Decision of the Commission”, etc., which no payment will be made. or employee and a party to a proceeding order requiring report of compliance is as 3. That a policy provides for indem­ before the Board respecting the merits follows: nification for sickness or disease for a of such proceeding, which is not made It is ordered, That respondents herein greater length of time or in a greater in the presence of, or communicated to, shall, within sixty (60) days after service amount than is actually specified in the any other party to the proceedings, with upon them of this order, file with the policy. a full opportunity on their part to re­ 4. That a policy provides for indemni­ Commissipn a report in writing setting spond, is prohibited. Any communica­ fication for all accidental loss of life, forth in detail the manner and form in tion respecting the merits of any pending hands, feet, eyes or* any other part appeal, other than those specifically which they have complied with the order or parts of the body, when such policy mentioned hereinabove in these regula­ to cease and desist. provides that no payment will be made tions, will be in writing with copy simul­ Issued: March 27,1964. for more than one of such losses result­ taneously supplied by the communicant ing from any one accident. By the Commission. to any other party thereto who shall be 5. That a policy provides for indemni­ afforded a period of 15 calendar days [ seal] Joseph W . Shea, fication for the death of the insured from from the date of receipt thereof to file Secretary. any cause when said policy provides that a response, which, with the incoming no payment shall be made if the insured [F.R. Doc, 64-3668; Piled, Apr. 14, 1964; communication, shall be made a part of commits suicide within a specified time the appeal file [Rule 22]. 8:45 a.m.] from the date of the policy. (Secs. 1, 2, 68 Stat. 81, 72 Stat. 1114; 38 U.S.C. 6. That a policy is noncancellable or 210, 41 U.S.C. 321,322) [Docket No. 0-726] guaranteed renewable without reduction in benefits for a certain length of time This VA regulation is effective upon PART 13— PROHIBITED TRADE when said policy provides that the bene­ publication in the F ederal R egister. PRACTICES fits therein may; be reduced before the Approved: April 9, 1964. said length of time expires. Guarantee Reserve Life Insurance By direction of the Administrator. B. Representing, directly or by im­ Company of Hammond plication: [ seal] i W . J. D river, Subpart—Advertising falsely or mis­ 1. That any policy may be continued in Deputy Administrator. leadingly; § 13.260 Terms and conditions: effect indefinitely or for many stated [F.RJ Doc. 64-3689; Filed, Apr. 14, 1964; 13.260-40 Insurance Coverage. period of time unless full disclosure of 8:46 ajn .] 5166 RULES AND REGULATIONS

tion generally, subject to valid existing Stat. 339), and the regulations in 43 CFR Title 43— PUBLIC LANDS: rights, the provisions of existing with­ Part 76. This order shall not otherwise drawals, and the requirements of appli­ become effective to change the status of INTERIOR cable law. All valid applications except the lands until 10:00 a.m. on July 9,1964. Chapter II— Bureau of Land Manage* preference right applications from the At that time the land shall be open to State, received at or prior to 10:00 a.m. the operation of the public land laws gen­ ment, Department of the Interior on June 16, 1964, shall be considered as erally, subject to valid existing rights, APPENDIX— PUBLIC LAND ORDERS simultaneously filed at that time. the provisions of existing withdrawals, 4. The lands have been open to appli­ [Public Land Order 3382] and the requirements of applicable law. cations and offers under the mineral All valid applications except preference [Montana 063128] leasing laws and to location under the right applications from the State re­ HELENA NATIONAL FOREST, United States mining laws, subject to the ceived at or prior to 10: 00 a.m. on July 9( MONTANA provisions of the Act of August 11, 1955 1964 shall be considered as simulta­ (69 Stat. 682; 30 U.S.C. 621). neously filed at that time. Addition of Lands 5. The State of Oregon has waived the Inquiries should be addressed to the preference right granted to certain States Manager, Land Office, Bureau of Land By virtue of the authority vested in by the Act of August 27, 1958 (72 Stat. Management, Fairbanks, Alaska. the Secretary of the Interior by the Act 928; 43 U.S.C. 851,852). of July 9, 1962 (76 Stat. 140; 43 U.S.C. Inquiries concerning the land should J o h n A. C arver, Jr., 315g-l), it is ordered as follows: be addressed to the Manager, Land O f­ Assistant Secretary of the Interior. The following-described lands within fice, Bureau of Land Management, Port­ A p r il 9,1964. the exterior boundaries of the Helena land, Oregon. National Forest are hereby added to and [F.R. Doc. 64-3678; Filed, Apr. 14, 1964; made a part Of that forest, subject to J o h n A. C arver, Jr., 8:46 a.m.] existing valid rights, and hereafter shall Assistant Secretary of the Interior. be subject to all laws and regulations ap­ A p r il 9,1964. plicable to such national forest: [F.R. Doc. 64-3677; Filed, Apr. 14, 1964; Title 47— TELECOMMUNICATION P r in c ip a l Me r id ia n 8:46 a.m.] Chapter I— Federal Communications T. 8 N., R. 4 E.. Sec. 18, lot 1 and N E ^ N W ^ . Commission [Public Land Order 3384] PART 2— FREQUENCY ALLOCATIONS Containing approximately 74 acres. ALASKA J o h n A . C arver, Jr., AND RADIO TREATY MATTERS; Assistant Secretary of the Interior. Partly Revoking Certain Executive GENERAL RULES AND REGULA­ Orders TIONS A pril 9,1964. [P.R. Doc. 64-3676; Piled, Apr. 14, 1964; By virtue of the authority vested in the Miscellaneous Amendments 8:46 ajn .] President, and pursuant to Executive Or­ der No. 10355 of May 26, 1952, it is or­ The Commission having under con­ dered as follows: sideration the desirability of making [Public Land Order 3383] 1. The Executive order of June 13, certain editorial changes in Part 2, Sub­ [Oregon 014284] 1899, and Executive Order No. 4131 of part G of its rules and regulations; and January 22, 1925, which withdrew lands It appearing, that the amendments OREGON in connection with the Fort Egbert Mili­ adopted herein are editorial in nature, tary Reservation, are hereby revoked so and, therefore, prior publication of Power Site Cancellation No. 203. notice of proposed rule making under the Partly Cancelling Power Site Classi­ far as they affect the following-described lands: provisions of section 4 of the Administra­ fication No. 426 of July 25, 1952 [Fairbanks 027725] tive Procedure Act is unnecessary, and the amendments may become effective By virtue of the. authority contained Eagle A rea immediately; and in the Act of March 3, 1879 (20 Stat. 394; Beginning at a point on the northern It further appearing, that the amend­ 43 U.S.C. 31), and in section 24 of the boundary of tJ.S. Survey No. 353, Eagle Town- ments adopted herein are isued pursuant Act of June 10, 1920 (41 Stat. 1075; 16 site, distant 1308 feet from Corner No. 1 of to authority contained in sections 4(i), UJS.C. 818), as amended, it is ordered as said Survey No. 353; thence N. 21°57' W. 470 (5) (d) (1) and 303 (r) of the Commu­ follows: feet; thence N. 68°03' E. 300 feet; thence N. nications Act of 1934, as amended, and 1. The order of the Geological Survey, 21”57' W. 255 feet; thence S. 68°03' W. 735 feet; thence N. 21°57' W. 300 feet; thence S. § 0.341(a) of the Commission’s rules; dated July 25, 1952, creating Power Site It is ordered, This 10th day of April Classification No. 426, is hereby cancelled 68°03' W . 300 feet; thence S. 21°57' E. 450 feet; thence S. 68°03' W. 225 feet; thence S. 1964, that effective April 20, 1964, Part so far as it affects the following-described 21°57' E. 575 feet; thence N. 68°03' E. 960 feet 2, Subpart G is amended as set forth land in Oregon: to the point of beginning. below. W il l a m e t t e M e r id ia n The tract described contains approxi­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. T. 5 N., R. 28 E., mately 19 acres of nonpublic land. 154. Interpret or apply sec. 303, 48 Stat. Sec. 12, lots 9,10,11 and 12. 2. Executive Order No. 1194 of April 1082, as amended; sec. 5,-66 Stat. 713; 47 26, 1910, so far as it withdrew a tract of U.S.C. 303,155) Containing approximately 120 acres. land at Circle, Alaska, for educational 2. The land is situated in Umatilla Released: April 10,1964. purposes, described by metes and bounds, County. Topography is rough and rocky. and now more particularly described as F ederal C ommunications 3. Until 10:00 a.m. on June 16, 1964, follows,, is hereby revoked: C o m m is s io n , the State of Oregon shall have a pre­ [ s e a l ] B e n F . W a p l e , ferred right of application for the re­ [Fairbanks 030964] Secretary. servation to the State or to any of its Cir c le A rea political subdivisions, under any statute 1. Section 2.601 is amended to read as U.S. Survey 2240. or regulation applicable thereto, of any follows: of the lands required for a right-of-way Containing 1.57 acres. § 2.601 General. for a public highway or as a source of 3. Until 10:00 a.m. on July 9, 1964, This subpart is corrected to April 1, materials for the construction and main­ the State of Alaska shall have a preferred 1964. The Commission does not distrib­ tenance of such highways, in accordance right to select the land described in para­ with the provisions of section 24 of the graph 2 of this order as provided by the ute copies of these documents. Inquiry Federal Power Act, June 10, 1920, sUpra. Act of July 28, 1956 (70 Stat. 709; 48 may be made to the U.S. Government Thereafter the lands shall become sub­ U.S.C. 46-3b), and section 6(g) of the Printing Office concerning availability ject to application, petition, and selec- Alaska Statehood Act of July 7, 1958 (72 for purchase. Wednesday, April 15, 1964 FEDERAL REGISTER 5167

2. In § 2.603, paragraphs (a.) and (C) § 2.603 Treaties and other international are amended by the addition of the fol- agreements relating to radio, lowing new entries in chronological (a ) * * * sequence.

United States-C olombia Agreement regarding Radio Commmüca- 1963 ...... tions between Amateur Stations on Behalf of Third P a rte . TIAS 6483 Effected by exchange of notes at Bogota Nov. 16 and 29, 1963. Entered into force Dec. 29, 1963.

» * 1* * * * * (c) * * *

Partial Revision of the Radio Regulations (Geneva, 1959) with Annex«, Resolutions 1963...... and Recommendations. Signed at Geneva Nov. 8,1963. Shall enter into force Jan. 1,1966.

[FJR. Doc. 64-3703; Filed, Apr. 14,1964; 8:48 a.m.]

provisions of Executive Order 11114 ap­ Title 50— WILDLIFE AND plicable to each project agreement en­ tered into by the Bureau of Sport Fish­ FISHERIES eries and Wildlife. In order to assure timely execution of Chapter I— Bureau of Sport Fisheries the Bureau’s functions under Executive and Wildlife, Fish and Wildlife Order 11114, notice and public procedure Service, Department of the Interior on this amendment have been deemed impracticable and the amendment shall SUBCHAPTER F— FEDERAL AID TO STATES IN FISH become effective at the beginning of the AND WILDLIFE RESTORATION day on which it is published in the PART 80— RESTORATION OF GAME F ederal R eg iste r . The heading and text of § 80.21 are BIRDS, FISH AND MAMMALS amended to read as follows: Equal Employment Opportunity § 80.21 Equal employment opportunity. Pursuant to the authority vested in Each project agreement shall con­ the Secretary of the Interior by section tain the equal employment opportunity 10 of the Federal Aid in Wildlife Restora­ provisions of Executive Orders 10925 (26 tion Act, as amended (50 Stat. 919; 16 F.R. 1977) and 11114 (28 F.R. 6485), and U.S.C. 669i) and by section 10 of the as they may be amended. Federal Aid in Fish Restoration Act, as S t e w a r t L. U d a l l , amended (64 Stat. 434; 16 UJ3.C. 777i), Secretary of the Interior. § 80.21 of Title 50, Code of Federal Reg­ ulations, is amended as set forth below. A p r il 9,1964. The purpose of this amendment is to [F.R. D oc. 64-3683; Filed, Apr. 14, 1964; make the equal employment opportunity 8:46 a.m.] No. 74------2 [New] of the Federal Aviation Regula­ The FAA proposes to designate a jet FEDERAL AVIATION AGENCY tions, the substance of which is stated route from the Memphis, Tenn., VOR­ E 14 CFR Part 75 [New] ] below. TAC via the Chattanooga, Tenn., VOR­ Jet Route Nos. 70 and 90 are presently TAC to the Spartanburg, S.C„ VORTAC. [Airspace Docket No. 64-WA-16] aligned in part from the Seattle, Wash., Such action would provide an alternate JET ROUTE VORTAC via the intersection of the route between Memphis and the Wash­ Seattle VORTAC 091° and the Mullan ington, D.C., and New York City, N.Y., Proposed Alteration Pass, Idaho, VOR 269° radiais to the metropolitan areas, which would be Mullan Pass VOR. The FAA proposes The Federal Aviation Agency (FAA) beneficial during inclement weather or to alter these segments of J-70 and J-90 unfavorable wind conditions on existing is considering an amendment to Part 75 by realigning them via the Ephrata, [New] of the Federal Aviation Regula­ routes. Wash., VOR. Further, J-90 is presently Interested persons may submit such tions, the substance of which is stated aligned in part from the Mullan Pass below. written data, views or arguments as they VOR to the Billings, Mont., VORTAC. Jet Route No. 10 is presently aligned in may desire. Communications should be The FAA proposes to realign this seg­ part from the Farmington, N. Mex., submitted in triplicate to the Chief, Air­ ment of J-90 via the Helena, Mont., VOR. space Regulations and Procedures Divi­ VORTAC to the Denver, Colo., VORTAC. These actions would provide more pre­ The FAA proposes to alter this segment sion, Federal Aviation Agency, Washing­ cise navigational guidance on these jet ton, D.C., 20553. All communications re­ by realigning it from the Farmington route segments. There would be no re­ VORTAC via the Gunnison, Colo., ceived within thirty days after publica­ quirement to designate the Ephrata and tion of this notice in the F ederal VORTAC to the Denver VORTAC. Such Helena VORs as compulsory reporting action would provide more precise nav­ R eg ister will be considered before action points. is taken on the proposed amendment. igational guidance on this segment. Interested persons may submit such There would be no requirement for the No public hearing is contemplated at this written data, views or arguments as they time, but arrangements for informal con­ designation of the Gunnison VORTAC may desire. Communications should be as a compulsory reporting point. ferences with Federal Aviation Agency submitted in triplicate to the Chief, Air­ officials may be made by contacting the Interested persons may submit such space Regulations and Procedures Divi­ written data, views or arguments as they Chief, Airspace Regulations and Proce­ sion, Federal Aviation Agency, Washing­ dures Division. Any data, views or argu­ may desire. Communications should be ton, D.C., 20553. All communications submitted in triplicate to the Chief, Air­ ments presented during such conferences .received within thirty days after pub­ space Regulations and Procedures Divi­ must also be submitted in writing in ac­ lication of this notice in the F ederal sion, Federal Aviation Agency, Washing­ cordance with this notice in order to R egister will be considered before action ton, D.C., 20553. AH communications become part of the record for considera­ is taken on the proposed amendment. tion^ The proposal contained in this no­ received within thirty days after publi­ No public hearing is contemplated at cation of this notice in the F ederal R eg­ tice may be changed in the light of com­ this time, but arrangements for informal ments received. ist e r will be considered before action is conferences With Federal Aviation The official Docket will be available taken on the proposed amendment. No Agency officials may be made by contact­ public hearing is contemplated at this for examination by interested persons at ing the Chief, Airspace Regulatons and the Federal Aviation Agency, Office of time, but arrangements for informal Procedures Division. Any data, views or conferences with Federal Aviation the General Counsel: Attention Rules arguments presented during such con­ Docket, 800 Independence Avenue SW., Agency officials may be made by contact­ ference must also be submitted in writing ing the Chief, Airspace Regulations and Washington, D.C., 20553. in accordance with this notice in order This amendment is proposed under Procedures Division. Any data, views to become part of the record for con­ or arguments presented during such con­ section 307(a) of the Federal Aviation sideration. The proposal contained in Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). ference must also be submitted in writing this notice may be changed in the light in accordance with this notice in order of comments received. Issued in Washington, D.C., on April to become part of the record for con­ The official Docket will be available for 8, 1964. sideration. The proposal contained in examination by interested persons at H . B. H e ls t r o m , this notice may be changed in the light the Federal Aviation Agency, Office of Acting Chief, Airspace Regulations of comments received. the General Counsel: Attention Rules and Procedures Division. The official Docket will be available for Docket, 800" Independence Avenue SW., [F.R. Doc. 64-3667; Filed, Apr. 14, 1964; examination by interested persons at the Washington, D.C., 20553. 8:45 a.m.] Federal Aviation Agency, Office of the This amendment is proposed under General Counsel: Attentipn Rules Dock­ et, 800 Independence Avenue SW., Wash­ section 307ia) of the Federal Aviation ington, D.C., 20553. Act of 1958 (72 Stat. 749; 49 D.S.C. 1348). SECURITIES AND EXCHANGE This amendment is proposed under Issued in Washington, D.C., on April section 307(a) of the Federal Aviation 8,1964. COMMISSION Act of 1958 (72 Stat. 749; 49 U.S.C. 13/48). H . D . H e ls t r o m , [ 17 CFR Part 240 ] Issued in Washington, D.C., on April Acting Chief, Airspace Regulations 8,1964. and Procedures Division. [Release 34-7290] H . B. H e ls t r o m , [F.R. Doc. 64-3666; Filed, Apr. 14, 1964; NATIONAL SECURITIES EXCHANGES Acting Chief, Airspace Regulations 8:45 a.m.] and Procedures Division. Restriction of Floor Trading [F.R. Doc. 64-3665; Filed, Apr. 14, 1964; The Securities and Exchange Com­ [Airspace Docket No. 64-WA-22] 8:45 a.m.] mission announced that it has under JET ROUTE consideration a proposal to adopt a rule under the Securities Exchange Act of [Airspace Docket No. 64-WA-21] Proposed Designation 1934 (“Exchange Act”) and particularly JET ROUTES sections 11(a) and 23(a) thereof to limit The Federal Aviation Agency (FAA) or restrict floor trading on national se­ Proposed Alteration Is considering an amendment to Part 75 curities exchanges. In releasing the text [New] of the Federal Aviation Regula­ of the proposed rule, the Commission in­ The Federal Aviation Agency (FAA) tions, the substance of which is stated vited views and comments of the securi­ is considering an amendment to Part 75 below. ties industry and of any interested groups 5168 Wednesday, April 15, 1964 FEDERAL REGISTER 5169 or persons. The rule makes provision orderly market would also be exempted. trading in the statute is scant. Testi­ for exemption of smaller national secu­ Finally the proposed rule exempts trans­ mony by proponents of the legislation rities exchanges where the volume of actions effected in conformity with a plan noted the special advantages enjoyed by floor trading is not substantial. which is designed to eliminate floor trad­ floor traders because of their presence on “Floor trading” is trading by members ing activities not beneficial to the market the floor, their tendency to trade with of national securities exchanges for their adopted by an exchange and approved by the trend, and the conflicts of interest own account while personally present on the Commission. involved in acting as both a floor trader the trading floor of an exchange. For The Commission’s proposal is directed and commission broker. In defense of reasons explained below the discussion solely to the question of floor trading and floor trading it was argued that the prac­ will relate primarily to floor trading on is not concerned with the issue of off- tice contributed to the maintenance of the New York Stock Exchange. floor trading generally, except where off- continuous and liquid markets. Thus The functions of members participat­ floor trading is employed to evade the the theme was set for subsequent dis­ ing in execution of securities transac­ floor trading restrictions. Furthermore, cussions of the problem. tions on the floor of the New York Stock the Report of the Special Study of Se­ The reason for the ultimate decision Exchange (“Exchange”) are of three curities Markets made no recomenda- to vest responsibility in the Commission types: specialists, floor brokers, and odd- tion in the area of segregation, i.e., that to regulate or to prohibit floor trading was stated by Congressman Lea on the lot dealers and their associate brokers. members be prohibited from both dealing floor as follows: The rules of the Exchange permit mem­ in stocks, and acting as brokers, and the bers of all three types to also engage in Commission is not considering any such When we came to the question of the bro­ floor trading. In his capacity as a floor proposals. ker and the dealer, a good deal of controversy was involved as to what control should be trader, the member’s role is unique, for In view of the interest which has been expressed in this matter, it seems appro­ established; whether or not these positions it is only in that capacity that he is not should be separated; whether or not we assigned, and does not assume, any re­ priate to provide some explanation of the background of the proposal. would permit a man to act in the capacity sponsibility in the handling of orders on of both broker and dealer; whether or not the Exchange. Floor brokers and spe­ Legislative history. In section 2 of the we should permit floor trading or permit cialists must meet fiduciary standards of Exchange Act Congress found it “neces­ specialists to be on the floor; and other sary to provide for regulation and con­ behavior in executing agency orders. problems. trol” of securities transactions and re­ In attempting to deal with these questions Odd-lot dealers acting through their as­ lated practices and “to make such regu­ I am candid to admit -that the committee sociate brokers on the floor consider lation and control reasonably complete proposed to confer a large regulatory power themselves obligated to fill every odd-lot and effective, in order to * * * insure on the regulatory Commission. order placed with them. Specialists There were two reasons for this: the first the maintenance of fair and honest mar­ must, in certain situations, buy stock or was that we recognized we are not experts kets * * Particular evils at which sell stock. The actions of a member as and tried to act with a caution becoming our such regulation was to be directed as set a floor trader are dictated only by his inexperience. Where in doubt as to what forth in Section 2 were manipulation, ex­ should be done, we thought it better to re­ personal desire to trade profitably, for cessive speculation and sudden and un­ solve the doubt in favor of maintaining the his own account, on the floor of the Ex­ reasonable fluctuations in the prices- of present business practices than to establish change. securities. Goals sought to be obtained some fixed rule that might prove unfortu­ At the present time, there are over 400 are “fair dealing,” “a fair and orderly nate. In the second place, where we gave the members of the Exchange who engage regulatory Commission the power, it would market” and such regulation as is “nec­ be a flexible power. If the Commission finds intermittently in floor trading. O f these, essary or appropriate in the public in­ there are approximately 35 members of a mistake has been made, it can readily terest or for the protection of investors.” 1 change its rules to more favorable ones and the New York Stock Exchange whose To this end, manipulation and the use thus accomplish the purposes of Congress. primary activity is floor trading. The of manipulative and deceptive devices are (78 Cong. Rec. 7862 {1934)) number of members predominantly en­ defined and prohibited, and excessive The reasons for vesting in the Commis­ gaged in floor trading has remained fairly trading by members and the activities of constant over the years but since 1950 sion the responsibility to regulate or certain classes of members are subjected prohibit floor trading were thus essen­ the number of casual floor traders has to regulation. It is in the context of shown a significant increase. The vol­ tially two-fold: lack of experience with these evils and these objectives that the these problems on the part of Congress, ume of floor trading, on the other hand, Commission views its duties and respon­ has declined since 1937 from 61 million and the need for flexibility. In view of sibilities in respect to floor trading. this legislative history, the Commission shares to 44.7 million shares in 1961, or Trading by members of exchanges for from 6.8 percent of total Exchange pur­ regards this provision of the Exchange their own account was a matter which Act as a mandate to attempt regulation chases and sales to 2.1 percent. At the particularly concerned Congress in its same time, studies have consistently of floor trading; but if such regulation consideration of the legislation in 1934. does not accomplish the statutory pur­ shown that floor trading is concentrated As enacted, that statute included in sec­ poses, the alternative, expressly provided in the more active stocks. Thus, in cer­ tion 11(a) the following broad grant of by Congress, is prohibition. tain stocks floor trading has amounted to authority to the Commission : Objections to, and defense of, floor over 35 percent of total reported volume trading. Orders to buy and sell securities on selected days; during shorter periods, Se c t io n 11. (a) The Commission shall pre­ flow through commission houses to the floor traders have, on occasion, partici­ scribe such rules and regulations as it deems floor of the Exchange from buyers and pated in virtually every transaction in necessary or appropriate in the public in­ terest or for the protection of investors, (1) sellers in all parts of the world. The Particular stocks. to regulate or prevent floor trading by mem­ Exchange holds itself out as, and in gen­ The proposed rule would restrict floor bers of national securities exchanges, di­ eral is, an efficient and effective mecha­ trading by a member of a national securi­ rectly or indirectly for their own account or nism for the orderly execution of these ties exchange for any account in which for discretionary accounts * * *. orders. It maintains a specialist system he has an interest or in which he is vested Earlier drafts of the legislation con­ designed to provide reasonable price with more than the usual broker’s discre­ templated complete segregation of the continuity and to maintain a fair and tion by prohibiting such trading unless function of broker and dealer and, as an orderly market in each issue traded. The it comes under specified exemptions or incident thereto, major modifications in floor trader, however, by his short-swing conditions. The proposed rule would the specialist system and the complete speculations frequently interferes with exempt transactions of specialists and prohibition of floor trading. Congres­ the orderly execution of public broker­ odd-lot dealers in the performance of sional attention in this area was pri­ age orders in a normal fashion through the facilities provided for that purpose their respective functions. Bona fide marily focused upon the first two of these by delaying consummation of a public arbitrage transactions and stabilizing propositions, and the legislative history with respect to the treatment of floor transaction or causing it to be executed transactions effected in connection with at a different price than it otherwise the distribution of -securities would be 1 See Exchange Act, section 6 (d ), section 11, would, to the detriment of one or the exempted. Certain other transactions and section 19(b); See also Beport of the other of the public customers involved. effected with the approval of a floor Special Study of Securities Markets, Pt. 2, Floor traders, to the extent that they official to assist in maintaining a fair and pp. 18ff. engage in destabilizing transactions, 5170 PROPOSED RULE MAKING make it more difficult for the specialist and, by a succession of purchases at bility of the Exchange, which it has im­ to perform his functions. The public rising prices, interspersed with those of plemented by placing affirmative obliga­ has no way of knowing the impact of the public, arouse and capitalize upon tions on the specialist. floor traders’ activities on the function­ public reaction to the activity shown It was recognized in the Report of the ing of the market generally or in par­ on the tape, the consequences are hardly Special Study and again in the report ticular securities. distinguishable from those of a manipu­ of a consultant retained by the Exchange The potential harmful effect of the lation, whether or not a violation of Sec­ to study floor trading, that on occasion floor trader upon prices and, in some tion 9 of the Exchange Act is intended or certain floor traders provide a useful instances, upon the volume of trading in can be established. Similar questions service in the auction market. This serv­ a security stems from his central posi­ arise where he trades in anticipation of ice is mainly in the area of providing tion in the market place, his freedom the rally which is apt to follow the capital on the floor of the Exchange to from obligations such as those to which “clean up” of a large sell prder over­ aid in the orderly assimilation and liqui­ the specialist is committed, his mobility hanging the market. dation of large blocks of securities with­ on the floor, and his agility in the actual Evidence in the Commission’s posses­ out disruption of the auction market. trading process. sion indicates that such conduct does Also, on other occasions, certain floor In pursuance of the Congressional occur and, indeed, a substantial number traders are willing to commit capital mandate the Commission has since 1934 of members on the floor have complained to aid in situations where there is tem­ performed studies of floor trading on at of such activities. In the nature of porary imbalance between supply and least 15 occasions. The most compre­ things, it is impossible to determine how demand for a stock. These functions hensive were those conducted in 1936, often these things happen. But, as are mainly assumed by a small group of 1945, and, most recently, in 1962-63 by noted, the opportunity and incentive for well-capitalized traders who are in a the Special Study of Securities Markets such conduct is inherent in floor trading; position to commit substantial capital for (Pt. 2, pp. 203-242). and, while the Exchange endeavors to a period of time. -However, the Exchange Commission studies make it clear that prevent such abuses, its efforts to do so has neither placed any obligation on floor trading possesses special character­ have not been successful. Indeed, under floor traders to assume these functions istics which result from floor traders’ present concepts of floor trading, these which are only voluntarily performed presence on the floor. From this stra­ efforts could hardly be expected to be from time to time nor has it restricted tegic positon, trading activity may be successful except perhaps by an inordi­ floor trading to those members who are observed minutes before it appears on nate expenditure of time and money. most likely to perform these useful the tape, and bids or offers may be made These problems are compounded where functions. or withdrawn in a matter of seconds. commission brokers handling public The regulation of floor trading. The In addition, presence on the floor carries orders simultaneously engage in floor history of regulation of floor trading on with it the benefit of what has been trading. A conflict of interest at once the New York Stock Exchange under the termed the “feel of the market”— a arises between the commission broker’s Exchange Act is described in some detail heightened sense of market tenor and duty of fidelity to his customer and his in the Report of the Special Study of trend. This is attributable, among other opportunity to personally profit from his Securities Markets (Pt. 2, pp. 226-237). things, to the exchange of observations customer’s investmeiit decisions— per­ The following is a summary of certain among floor members, and familiarity haps at the customer’s expense. Floor salient aspects of that history. with the trading techniques of specialists trading may also distract brokers, as Over the years since the enactment of or floor brokers, with a resulting ability well as specialists, from the performance the Exchange Act, the Commission has to foresee short-term market movements of their responsibilities. This conflict relied upon rules adopted by the Ex­ by informed observation of the activi­ has been recognized in an exchange rule change to regulate and control floor trad­ ties of other persons on the floor. which prohibits a member from trading ing rather-than adopting its own rules. This position has important conse­ for his own account in a security if he In 1935, the Commission suggested that quences. Being first on the scene as a has an unexecuted customer’s market the exchanges adopt certain rules to reg­ market movement commences, the floor order in that security, and by member ulate floor trading. The reasons given trader can ,buy stock quicker and at a firms which have restricted or prohibited for this choice \6ere the desire to en­ lower price, or sell it quicker and at a floor trading by their floor members. courage flexibility in the administration higher price. This, of course, is done at The exchange rule and the voluntary of the rules and to facilitate adaptation the expense of some members of the action of some firms do not insure that of the regulation to varying conditions public. the floor broker’s duty of fidelity to his on the several exchanges.* It is thus apparent that the floor trad­ customer is not compromised by his own When, in 1936, the Commission evalu­ er enjoys certain advantages over public floor trading activity. ated the functioning of floor trading, it investors as well as other professionals Floor trading has been defended on the concluded that, notwithstanding the ex­ not on the floor. A question consequent­ grounds that added market liquidity and istence of exchange rules, the undesira­ ly arises as to the extent to which the continuity have been a beneficial by­ ble characteristics of floor trading per­ floor trader’s ability to exploit these ad­ product of the presence of professionals sisted. It was determined, however, not vantages must be restricted in order to on the floor. The exchanges have sug­ to abolish floor trading but to strengthen meet the statutory objective of “fair and gested that this advantage to the mar­ its regulation by additional rules. One honest markets” and its strictures ket as a whole more than outweighs the of these proposals would have required against sudden and unreasonable fluc­ possible injury to public investors. a complete segregation of floor trading tuations in securities prices. Commission studies, however, demon­ from the floor brokerage function. This There is inherent in floor trading an strate, first, that added liquidity stand­ proposal was not carried into effect.3 opportunity and an incentive to engage ing alone cannot justify floor trading The next major evaluation of floor in a course of conduct which is incon­ that is otherwise harmful and, secondly, trading occurred in 1945. Following a sistent with the statutory purposes and that floor trading actually tends to have comprehensive study, the Division of scheme. For example, a floor trader, a destabilizing influence on prices. Trading and Exchanges filed with the familiar with the fact that certain com­ Studies have shown that floor traders Commission a report made public on mission brokers handle a large number of are generally buyers in rising markets January 16, 1945. This report found orders and do not execute them all at and sellers in declining markets, with re­ that the evils of floor trading persisted; once, can anticipate from their appear­ spect to both the market as a whole and that floor traders enjoyed a “formidable” ance in the market that further substan­ to individual stocks. Their trading, as advantage over the general public; that tial buying is forthcoming; and, it is ex­ a result, has been found to be inimical to tremely doubtful whether trading on this the orderly functioning of the market, a Report on the Feasibility and Advisability information, which is unavailable to the tending to accentuate price movements. of the Complete Segregation of the Func­ investing public, is consistent with “fair These studies also have consistently tions of Dealer and Broker, p. 60, 1936. dealing” or with the anti-fraud pro­ * The other proposal, adopted in 1937, found that floor trading is heavily con­ called the “daylight margin” rule, required visions of Rule 10b-5 under the Exchange centrated in the active stocks, where each member to have on deposit each night Act (17 C.F.R. 240.10b-5). additional liquidity is least needed. In an amount equal to the margin required to Where floor traders rush to a security addition, the maintenance of orderly carry the maximum position assumed during in which buying exists or is anticipated. markets and continuity is the responsi­ the day. Wednesday, April 15, 1964 FEDERAL REGISTER 5171 floor trading distracted brokers from the findings of that Report are sum­ Exchange was appointed to consider the their duties to the public; and that floor marized above under the heading “Ob­ matter. In formulating a response to traders traded with the trend and were jections to, and Defenses of, Floor Trad­ the Commission, the Special Committee a destabilizing influence. This report ing”. The Study concluded that the ex­ and the Exchange had available to them also concluded that the existing exchange isting regulation of floor trading by the not only the Report of the Special Study rules were ineffective to meet the prob­ exchanges “has not only been generally and the Cresap recommendations, but lem and that the only adequate solution ineffective but in a most important re­ also the factual and. analytical materials was complete prohibition of floor trad­ spect it has been misdirected;” and that developed in the course of that firm’s ing.* “despite the great variety and complexity study. The Exchange thus had ample The Commission tentatively deter­ of exchange rules experimented with to basis upon which to formulate a regula­ mined to abolish floor trading in August date * * * floor traders still retain their tory program which would isolate and 1945, but after considering the matter significant private trading advantages preserve the beneficial aspects of floor and holding conferences with the Ex­ in a public market, continue to concen­ trading while effectively eliminating its change, it determined not to abolish floor trate their activities in the more active demonstrated abuses. trading in light of repeated assurances stocks, and continue to accentuate price After the Exchange received the Cre­ that the exchanges would develop effec­ movements.” The Study recommended sap report on February 14, 1964, copies tive self-regulation of this activity. The that floor trading be prohibited by Com­ were made available to the Commission. Commission said : mission rule and that the feasibility of On March 4 the Exchange presented to We have reviewed the Information avail­ utilizing present floor traders as “auxil­ the Commission its own proposals. It able to us from the sources just described, iary specialists” be explored.* was the view of the Commission that including the discussions subsequent to the In a letter to the Congress, dated July neither the recommendations of the conference of May 16, and are satisfied that 23, 1963, the Commission commented on Cresap report nor the less restrictive pro­ floor trading as now conducted gives an u n ­ the Special Study’s recommendation as posals submitted by the Exchange rep­ due advantage to floor traders over the pub­ follows: resented any new departure or meaning­ lic; that frequently it accelerates market movements and accentuates fluctuations in In light of the very serious and basic prob­ ful change in existing practices. The Ex­ particular securities or groups of securities; lems presented by the continuation of floor change was informed that its proposals and that more often than not it detracts trading, as brought out by the Report of the did not recognize the existence of the from the stability of the market. We are Special Study and as evidenced by prior problems presented by floor trading and convinced that it is essential to make effec­ studies, and of the lengthy and apparently constituted only a series of rules little tive as soon as practicable regulation that unsuccessful efforts to resolve them, the Com­ mission agrees that a rule proposal abolishing different from those which had been tried will minimize or eliminate those Influences at one time or another during the long of floor trading which impair the stability floor trading on the New York and American of the market. Stock Exchange should be developed, unless history of ineffectual regulation. The New York Stock Exchange has urged those exchanges demonstrate that Its con­ In the course of formulating its own us, in lieu of abolishing floor trading at this tinuance would be consistent with the public position the Commission has studied, time, to afford it the opportunity to apply Interest. among other things, the various mate­ certain regulations which It believes will From the earliest days of the Commis­ rials collected by the Cresap firm. These minimize the undesirable features of floor materials included completed question­ trading, yet preserve certain asserted bene­ sion’s administration of the Act to date, the Commission has relied for the regula­ naires which the Cresap firm had sent to fits. The New York Curb Exchange has all members of the Exchange to elicit expressed its desire to put similar rules into tion of floor trading upon rules adopted effect * * * We propose to give (the ex­ by the exchanges. Numerous approaches their firm’s poliices or practices and their changes) that opportunity * * * If at any have been attempted, and rules have been own experiences, observations and com­ ments on floor trading. A study of the time it becomes evident to us. that the Ex­ adopted, amended, and repealed. changes’ rules either in the form now pro­ answers of these members, as well as One salient fact emerges from this his­ posed, or as they may be modified, are statistical data relied on in the report, inadequate for the effective regulation of tory. Notwithstanding its reliance upon exchange rules; there has been no time were useful to the Commission in the floor trading, we shall reconsider the recom­ formulation of its own program. mendations of our staff, or any appropriate in the past thirty years when the Com­ modification of those recommendations, and mission, which has the statutory respon­ In the course of several meetings with take such action as, in our opinion, will sibility, has been in a position to make a the Exchange held between March 9 and provide an adequate solution of the problems finding that exchange regulation had March 30, 1964, the Commission staff created by floor trading. satisfactorily resolved the problems of presented such a program to the Ex­ Shortly after this statement the Ex­ floor trading. Not only has the Commis­ change. The alternative approach sug­ change adopted rules designed to meet sion’s staff, as a result of numerous gested by the Commission’s staff was di­ the problem. Two of these rules, Rule studies, consistently concluded that reg­ rected at preserving the benefits of floor 108 dealing with parity or precedence ulation by the Exchange was inadequate, trading while controlling and limiting its affd Rule 109 prohibiting “stopping” of but on the three occasions in 1936, 1945 harmful effects. This approach was stock for floor traders, have continued in and 1962 when the Commission formally based on several concepts. First, floor effect substantially unchanged. The addressed itself to the matter, it ex­ trading would in effect be restricted to more important rule, now Rule 110, has pressed a similar conclusion. professionals having substantial capital undergone a steady process of amend­ Current developments. After the re­ and capable of supplementing the activi­ ment and erosion which is described in lease of the Report of the Special Study, ties of specialists in acquiring or dispos­ the Report of"the Special Study (Pt. 2, with the Commission’s comment on floor ing of blocks, thus eliminating the cas­ PP.233-237).8 trading, quoted above, the Exchange ual, amateur floor trader whose capital Although various Commission sti stated that it wished to take advantage was insufficient'to enable him to take or studies between 1945 and 1961 report of jthe opportunity afforded to it by the maintain any substantial positions. The critically upon floor trading practici Commission. In October, 1963, the E x­ shortswing trading with the trend done next major evaluation was the R change retained Cresap, McCormick & by this type of floor trader has been one Port of the Special Study. Certain Paget, a management consultant firm, to of the principal problems of floor trading make a study of floor trading. Also a and makes no contribution to the mar­ The report concluded that *** * * [a ] re Special Committee of Governors of the ket. Secondly, the function of floor ew of the exchanges’ enforcement of thes trading would have to be sufficiently sep­ th ®S over the past 10 years demonstrate recommended that the board be increased arated from that of acting as a commis­ mini ^eith-er these nor any similar rules ad in size and that the active floor members sion broker so that the floor broker’s duty « lstered by the exchanges serve to restraii be given greater representation. The com­ of fidelity to his customer’s interest degree slightest measureabl mittee also recommended that the Exchange would not be compromised by his floor make greater efforts in the areas of public trading activities. Thirdly,, in order to relaxation of the floor trading rule relations and advertising. Finally, it pro­ so h?*«? Important changes in 1949 posed that the Exchange repeal certain floor minimize the ability of the floor trader ¿Lr* the constitution and policies of th trading rules which it claimed were inhibit­ to compete with the investing public, a Z nge as a result of proposals made b ing a free m arket^ floor traders would not be entitled to ^ floor members known as th •Report of the Special Study, Pt. 2, pp, priority over public orders. In the fourth mittee of 17. In general, the committe 241-242. place, destabilizing transactions by floor 5172 PROPOSED RULE MAKING traders would be restricted by methods price in siich security would be pro­ such a plan would be to create a small similar to those proposed by the Ex­ hibited; group of professional dealers whose ac­ change but with more rigorous stand­ b. At least 75 percent of all registered tivities should be of maximum assist­ ards. Finally, in view of the regulatory trader acquisitions and 75 percent of all ance to the public in the execution of history which has seen cycles of regula­ liquidations (except for liquidations at orders on the Exchange. The Commis­ tion followed by erosion of exchange a loss) would have to meet a “stabiliza­ sion will in the course of its program of rules, it was deemed essential that any tion” test (i.e., purchases below the last exchange inspections determine Whether plan be subject to control by the Com­ different price and sales above the last the new program has the desired effects. mission. This would be done through a different price would be considered sta­ The American Stock Exchange has rule of the Commission under Section 11 bilizing.) This performance test would also been studying the question of floor of the Exchange Act generally prohibit­ be computed on a monthly basis; trading and has submitted a statement ing floor trading with an exception for c. Present Exchange rules which now to the Commission. That exchange has trading conducted pursuant to a plan prohibit members from trading on the requested that the problem of floor filed by the Exchange and approved by floor in such a way as to “dominate” trading on its floor be considered sepa­ the Commission, which would leave day markets in the acquisition of a position rately upon the ground that it believes to day administration and enforcement would be extended to cover liquidations that the requirements and problems of of the plan to the Exchange. The Ex­ of positions. its market are different from those of change initially refused to accept these 5. Registered traders in the acquisition other markets. The Commission has de­ principles, contending that they would of positions would have to yield the floor termined to grant this request. How­ be tantamount to abolition of floor trad­ to orders originated off the floor by giv­ ever, it is of the view that if the American ing.1 However, on March 30, Exchange ing up priority based on time and parity Stock Exchange wishes to continue floor representatives agreed to iccept these with, or precedence based on size over, trading, any plan which it devises to proposals and on April 2 the Exchange’s such orders, and would also yield prece­ meet its own requirements and problems Board of Governors approved the basic dence based on size when liquidating must at the same time eliminate the elements of a plan to implement them positions.* detrimental aspects of floor trading de­ which would be filed with the Commis­ 6. The Exchange will, within the limits scribed above. sion under the rule being proposed today. of sÿstem capabilities, proceed with the Floor trading on regional exchanges in As described above, the new pattern of automation of the surveillance of reg­ stocks also traded on the major New regulation falls into two parts. The istered traders’ transactions as a first York exchanges does not appear to in­ first is a Commission rule which gener­ step in the automation of the surveillance fluence price movements or involve spe­ ally prohibits floor trading on national of all floor activities. cial advantages. The Commission has securities exchanges, except for transac­ It is the Commission's present judg­ not made a study of floor trading in tions “effected in conformity with a plan ment that this new program of regulation securities traded only on such regional designed to eliminate floor trading activ­ should preserve the constructive market exchanges which account for only a small ities which are not beneficial to the mar­ purposes of floor trading while elimi­ part of the total volume on most of these ket.” The New York Stock Exchange nating its harmful effects. The part- exchanges. Under these circumstances, has agreed to file under the proposed rule time occasional floor trader, who was re­ an exemption for floor trading on such a plan which conforms to the proposals sponsible for many of the problems in exchanges would appear to be warranted set forth by the Commission in the course this area, should disappear. According at this time. of discussions held with the Exchange. to the Exchange, during the last six The text of the proposed rule is as The essential elements to be contained months some 420 members engaged in follows: trading on the floor. Under the new in the plan are the following: § 240.11a—1 Regulation of floor trading. 1. A member activity known as the program, the Exchange estimates that (a) No member of a national securities “registered trader” would be established about 20 to 30 members would register by the Exchange. and thereby be eligible to engage in floor exchange, while on the floor of such ex­ change, shall initiate, directly or indi­ 2. Each member registered as a trader trading. -• Registered traders would not rectly, any transaction in any security would be required to meet an initial min­ be in a position to use the knowledge of admitted to trading on such exchange, imum capital requirement of $250,000 their customers’ orders in their trading for any account in which such member over and above the capital required for activities and their ability to compete has an interest, or for any account with the member’s other activities.* In order with the public generally would be sub­ respect to which such member has discre­ to engage in floor trading, members stantially curtailed. A high capital re­ tion as to the time of execution, the would also be required to show a famil­ quirement would limit floor trading to those members who can supplement the choice of security to be bought or sold, iarity with the requirements applicable activities of specialists in acquiring and the total amount of any security to be to registered traders through an appro­ bought or jsold, or whether any such priate examination. disposing of blocks. Finally, the Ex­ change’s commitment to automate sur­ transaction shall be one of purchase or 3. Registered traders would be prohib­ veillance would insure that the perform­ sale. ited from executing brokerage orders and ance standards in the plan are enforced. (b) The provision/of paragraph (a) floor trading in the same security during It is anticipated that the net effect of of this section shall not apply to: a single trading session. (1) Any transaction by a specialist in 4. A series of new rules would compel »Where two or more parties have placed a security in which he is so registered on registered traders to conduct their busi­ bids (or offers) in a security at the same such exchange; ness in a way calculated to contribute to price, technical rules of the Exchange de­ (2) Any transaction by an odd-lot the orderliness of markets and to pro­ termine who is entitled to the transaction. dealer in a security in which he is so These are known as “priority,” “precedence," hibit them from engaging in transactions registered on such exchange; which have disruptive effects: and “parity.” “Priority" holds that the bid or offer which is first in time is entitled to (3) Any stabilizing transaction ef­ a. Destabilizing acquisitions of a secu­the first execution. If all orders were placed fected in compliance with § 240.10b-7 rity above the previous day’s closing simultaneously, or if the party entitled to (Rule 10b-7) to facilitate a distribution priority has effected his transaction, the prin­ of such security in which such member 7 Letter to Exchange members from' G. ciple of “precedence” becomes determinative, is participating; Keith Funston, President of the NTSE, dated holding that bids (or offers) are to be exe­ March 14, 1964, on the subject: Discussion cuted in order of size. All bids for amounts (4) Any bona fide arbitrage trans­ with the SEC on Floor Trading. as large or larger than the amount of stock action; On March 19, 1964, the Exchange Board offered are considered of equal size, or on a (5) Any transaction made with the of Governors decided to make certain amend­ “parity.” These bidders then “match” (flip prior approval of a floor official of such ments to the floor trading rules of the Ex­ a coin) to determine who is entitled to the exchange to permit such member to con­ change. It was the view of the Commission, execution. If none of the bids is as large as tribute to the maintenance of a fair that these amendments failed to meet the the amount offered (or no offer as large as and orderly market in such security; and floor trading problem. the bid) they are executed in order of size, 8 If losses in a registered trader's account with parties having bids (or offers) of equal • (6) Any transaction effected in con­ exceed about $75,000, additional capital size “matching” to determine the order of formity with a plan designed to elimi­ would have to be deposited. execution. nate floor trading activities which are not Wednesday, A p r il 15, 1964 FEDERAL REGISTER 5173 beneficial to the market and which plan adjacent thereto; other rooms, lobbies proposed plan of the New York Stock has been adopted by an exchange and and premises made available primarily Exchange, to the Securities and Ex­ declared effective by the Commission. for use by members generally; and the change Commission, Washington, D.C., For the purpose of this rule, a plan filed telephone and other facilities in any such 20549, on or before May 8,1964. Except with the Commission by a national se­ place. where it is requested that such com­ curities exchange shall not become ef­ (d) Any national securities exchangemunications not be disclosed, they will fective unless the Commission, having may apply for an exemption from the be considered available for public in­ due regard for the maintenance of fair provisions of this rule under section spection. , 11(c) of the Act because of the limited and orderly markets, for the public inter­ By the Commission. X est, and for the protection of investors, volume of transactions on such exchange. declares the plan to be effective. (Secs. 11(a) and 23(a), 48 Stat. 891, 901, [ s e a l ] O rval L . D u B o is , (c) For the purpose of this rule the as amended, 15 U.S.C. 78k, 78w) Secretary. term “on the floor of such exchange” All interested persons are invited to A p r il 8, 1964. shall include the trading floor; the rooms, submit their views and comments, on [ F A Doc. 64-3670; Filed, Apr. 14, 1964; lobbies, and other premises immediately the Commission’s proposed rule and the 8:45 am .] Notices

Whereas, The Governor of the State of defense and security, to protect restricted ATOMIC ENERGY COMMISSION Florida is authorized under section 290.13 of data or to guard against the loss or diversion the Florida Nuclear Code (Chapter 290, of special nuclear material. STATE OF FLORIDA Florida Statutes, 1961) to enter into this Article V. The Commission will use its agreement with the Commission; and best efforts to cooperate with the State and Proposed Agreement for Assumption Whereas, The Governor of the State of other agreement States in the formulation of Certain AEC Regulatory Authority Florida certified on ______that the of standards and regulatory programs of State of Florida (hereinafter referred to as the State and the Commission for protection Notice is hereby given that the U.S. the State) has a program for the control of against hazards of radiation and to assure Atomic Energy Commission is publishing radiation hazards adequate to protect the that State and Commission programs for for public comment, prior to action public health and safety with respect to the protection against hazards of radiation will thereon, a proposed agreement received materials within the State covered by this be coordinated and compatible. The State from the Governor of the State of Flor­ agreement, and that the State desires to will use its best efforts to cooperate with the assume regulatory responsibility for such ida for the assumption of certain of the Commission and other agreement States in materials; and the formulation of standards and regulatory Commission’s regulatory authority pur­ Whereas, The Commission found on programs of the State and the Commission suant to section 274 of the Atomic Energy^ ------1963, that the program of the for protection against hazards of radiation Act of 1954, as amended. State for the regulation of the materials and to assure that the State’s program will A résumé, prepared by the State of covered by this agreement is compatible with continue to be compatible with the program Florida and summarizing the State’s the Commission’s program for the regulation of the Commission for the regulation of like proposed program, was also submitted of such materials and is adequate to protect materials. The State and the Commission the public health and safety; and will use their best efforts to keep each other to the Commission and is set forth below Whereas, The State and the Commission informed of proposed changes in their re­ as an appendix to this notice. Attach­ recognize the desirability and importance of spective rules and regulations and licensing, ments referenced in the appendix are cooperation between the Commission and inspection and enforcement policies and included in the complete text of the pro­ the State in the formulation of standards criteria, and to obtain the comments and gram. A copy of the program, including for protection against hazards of radiation assistance of the other party thereon. proposed Florida regulations, is available and in assuring that State and Commission Article VI. The Commission and the State for public inspection in the Commission’s programs for protection against hazards of agree that it is desirable to provide for re­ radiation will be coordinated and compatible; ciprocal recognition of licenses for the ma­ Public Document Room, 1717 H Street and terials listed in article I licensed by the NW., Washington, D.C., or may be ob­ Whereas, the Commission and the State other party or by any agreement State. Ac-' tained by writing to the Director, Di­ recognize the desirability of reciprocal recog­ cordingly, the Commission and the State vision of State & Licensee Relations, nition of licenses and exemption from li­ agree to use their best efforts to develop ap­ United States Atomic Energy Commis­ censing of those materials subject to this propriate rules, regulations, and procedures sion, Washington 25, D.C. All interested agreement; by which such reciprocity will be accorded. Article VII. The Commission, upon its own persons desiring to submit comments and Now, therefore, it is hereby agreed between the Commission and the Governor of the initiative after reasonable notice and op­ suggestions for the consideration of the State, acting in behalf of the State, as portunity for hearing to the State, or upon Commission in connection with the pro­ follows: request of the Governor of the State, may posed agreement should send them in Article I. Subject to the exceptions pro­ terminate or suspend this agreement and triplicate to the Secretary, U.S. Atomic vided in articles II, m , and IV, the Commis­ reassert the licensing and regulatory au­ Energy Commission, Washington 25, sion shall discontinue, as of the effective thority vested in it under the Act if the D.C., within 30 days after initial publi­ date of this agreement, the regulatory au­ Commission finds that such termination or thority orthe Commission in the State under suspension is required to protect the public cation in the F ederal R egister. chapters 6, 7, and 8, and section 161 of the health and safety. Exemptions from the Commission’s Act with respect to the following materials: Article VIII. This agreement shall become regulatory authority which would imple­ A. Byproduct materials; effective o n ______1964, and shall re­ ment this proposed agreement, as well as B. Source materials; and main in effect unless, and until such time other agreements which may be entered C. Special nuclear materials in quantities as it is terminated pursuant to article VII. not sufficient to form a critical mass. into under section 274 of the Atomic A p p e n d i x " A ” Energy Act, as amended, were published Article II. This agreement does not pro­ as Part 150 of the Commission’s regula­ vide for discontinuance of any authority and RADIATION CONTROL IN THE STATE OP FLORIDA the Commission shall retain authority and t tions in F ederal R egister issuance of responsibility with respect to regulation of: 1. Introduction. The radiation control February 14, 1962; 27 F.R. 1351, In re­ A. The construction and operation of any program of thé State is designed to regulate viewing this proposed agreement, inter­ production or utilization facility; all sources of radiation other than those for ested persons should also consider the B. The export from or import into the which regulatory responsibility is to be re­ aforementioned exemptions. United States of byproducts, source, or special tained by the U.S. Atomic Energy Commis­ nuclear material, or of any production or sion. As the term “radiation sources” is used Dated at Germantown, Md., this 13th utilization facility; hereinafter in this narrative, it is intended day of April 1964. C. The disposal into the ocean or sea of to mean those sources under the control of byproduct, source, or special nuclear waAte the State. The sources are divided into two For the Atomic Energy Commission. materials as defined in regulations or orders major categories: radioactive materials and of the Commission; radiation machines. Radioactive materials, W oodford B. M cC ool, D. The disposal of such other byproduct, including radium, are to be regulated under Secretary to the Commission. source, or special nuclear material as-the a licensing program similar to the existing Proposed Agreement Between the United Commission from time to time determines by program of the U.S. Atomic Energy Commis­ States Atomic Energy Commission and the regulation or order should, because of the sion, requiring possession of a license prior State of Florida for Discontinuance of Cer­ hazards or potential hazards thereof, not be to acquisition or use of such materials. tain Commission Regulatory Authority and so disposed of without a license from the Radiation machines will be subject to a Responsibility Within the State Commission. registration program involving the reporting Article III. Notwithstanding this agree­ of information by the registrant and the 'Whereas, The United States Atomic Energy ment, the Commission may from time to right of inspection by the State for com­ Commission (hereinafter referred to as the time by rule, regulation, or order, require pliance with prescribed safety standards. Commission) is authorized under section 274 that the manufacturer, processor, or producer The program described herein constitutes of the Atomic Energy Act of 1954, as amended of any equipment, device,' commodity, or a continuation of Florida’s efforts to modify (hereinafter referred to as the Act) to enter other product containing source, byproduct, and improve its activities for the control ox into agreements with the Governor of any or special nuclear material shall not transfer radiation hazards, to gain increased knowl­ State providing for discontinuance of the possession or control of such product except edge of radiological health significance an regulatory authority of the Commission with­ pursuant to a license or an exemption from to make use of ionizing radiation fo r tn in the State under chapters 6, 7, and 8, licensing issued by the Commission. improvement of the public health when an and section 161 of the Act with respect to Article IV. This agreement shall not affect if methods for such use are discovered o byproduct materials, source materials, and the authority of the Commission under sub­ developed. An integral part of this program special nuclear materials in quantities not section 161 b. or 1. of the Act to issue rules, is the assumption of certain responsibilit e sufficient to form a critical mass; and regulations, or orders to protect the common which the United States Atomic Energy Com- 5174 Wednesday, April 15, 1964 FEDERAL REGISTER 5175 mission will discontinue under a contem­ the State on a statutory basis. The Act has medicine, and all other fields of endeavor plated agreement between the Commission subsequently been amended (1961, chapter which may aid in or be benefited by nuclear and the State. 61-262) clarifying and broadening the duties development and nuclear science and en­ II. History. The first regulations for the of the Commission. gineering; to promote the industrial devel­ control of radiation in the State of Florida In September of 1959, the Congress of the opment of Florida (in cooperation with the were prepared jointly by the Florida In ­ United States enacted Public Law 86-373, Florida Development Commission) by at­ dustrial Commission and the Florida State which amended the Atomic Energy Act of tracting new industry based on nuclear sci­ Board of Health and promulgated in April, 1954, and provided for the transfer of certain ence and engineering; to coordinate develop­ 1947, by the Florida Industrial Commission. regulatory powers from the Atomic Energy ment and regulatory activities of the State, They were embodied in Regulation No. 8, Commission to qualified. States dn accordance other States and the Federal Government; to "Radiant Energy” of the “Regulations for with negotiated agreements. This transfer convene a coordinating council consisting the Control and Prevention of Occupational of authority applies to the control of certain of representatives of appropriate State agen­ Diseases” . These rules were revised in 1957 categories of radioactive materials and be­ cies to coordinate action in any matter bear­ and in 1960. As a result of this cooperative comes effective when appropriate State legis­ ing of the State’s nuclear program; and to effort, the Florida Industrial Commission lation has been enacted; and, an agreement collect and disseminate “ information rela­ and the Florida State Board of Health have has been signed by the Atomic Energy Com­ tive to nuclear developments and their effect; established a very close working relationship mission and the Governor of the respective and 2. Empowered the Governor of the State in the field of occupational health. State. to sign an agreement with the Atomic Energy In 1950, the Board of Health conducted a In May of 1960, the Florida Nuclear De­ Commission which would transfer to the statewide survey of shoe-fitting fluoroscopes, velopment Commission, in recognition of the State control over certain radioactive mate­ as a result of which the use of almost all inevitable and urgent need for the control rials in. accordance with Public Law 86-373; of these machines was discontinued; such of radiation by the State launched a drive use is now prohibited. In 1957, a statewide for an extensive analysis of Public Law 86- and 3. Authorized the Governor of the State program of radiological surveillance of the 373 and its application to the specific needs to designate a State agency as the regulatory environment was started in order to develop of this State. It calléd first on the School of agency to adopt regulations for effectuating baseline knowledge and to enable us to know Law at the University of Florida to conduct the purposes of this legislation, including when increases occurred from fallout or from a study of the many implications connected regulations for. the licensing or registration possible pollution from other sources. The with the assumption of control of radiation of all radiation sources. . * area in the vicinity of the then proposed sources by the Stat£. On September 30, 1960, On July 11, 1961, to achieve the objectives power reactor to be located in Polk County the results of that study were presented to of the Florida Nuclear Code (section 290.06) was examined in much greater detail. This the State Legislative Council, after which the Florida Nuclear Commission appointed a program has continued and has been ex­ many other meetings with various agencies Coordinating Council and three, technical panded to include seafood and shell fish were sponsored by the Florida Nuclear De­ committees. The technical committees in­ beds. Spot samples of citrus and other ter­ velopment Commission to consider the vari­ clude representation from industry, labor, restrial foods have been analyzed. The State ous aspects of such a program. me4icine, dentistry, medical physics, health Inasmuch as State policy, and courses of of Florida has participated in the national air departments, universities, and the legisla­ action with respect to atomic energy develop­ and precipitation fallout surveillance net­ ture. To insure that the many State agen­ ment and radiation protection have been the work since 1957, and now operates two sta­ cies which have any degree of official concern subject of legislative consideration in Florida tions (Jacksonville and M iam i). To pro­ with nuclear matters are properly repre­ for a number of years, the Legislative Coun­ vide a degree of information on which action sented, the Coordinating Council is com­ cil’s Select Committee on Nuclear Legis­ programs could be based, the State added posed of the directors (or their designated lation conducted public hearings on this four more identical stations (Pensacola, Tal­ representatives) of such interested agencies subject in 1960 and 1961, with a view toward lahassee, St. Peterbsurg, and Orlando). In as: Attorney General, State Board of Con­ appraising the desirability or necessity for addition to operating a collecting station servation, State Board of Control, Nuclear a broad system of radiation control, includ­ for the National Pasteurized Milk Surveil­ Coordinator of Florida State University, Di­ ing assumption of authority from the Atomic lance Program (Tam pa) , the State Board of rector of Nuclear Activities of University of Energy Commission and a licensing or regis­ Health has an active producer milk surveil­ Florida, Florida State Board of Health, Com­ tration program designed to obtain a maxi­ lance program which is statewide in scope missioner of Agriculture, Superintendent of mum of information regarding radiation use and sufficiently detailed in sampling points Public Instruction, Department of Public in Florida. to permit specifically-localized action pro­ Safety, Department of Water Resources, grams, should such become necessary. At the After such public hearings by the Legis­ Florida Development Commission, State Fire request of county medical societies and other lative Council’s Select Committee on N u ­ Marshal, ' State Insurance Commissioner, organized professional groups and industry, clear Legislation and consultations with in­ Florida Geological Survey, Florida Industrial the Board of Health initiated, in 1958, a pro­ terested governmental .agencies, representa­ Commission, Legislative Reference Bureau, gram of physical inspection and consultation tives of industry and professional groups that Railroad and Public Utilities Commission, aimed at reducing exposure to the public (as use atomic energy and radiation, it con­ and the Secretary of State. well as the user) from diagnostic and other cluded that a comprehensive legislative pro­ Prior to the enactment of chapter 61-262 .uses of X-rays. To date, roughly 80 percent gram for radiation control should be enacted. supra In June, 1961, the Florida State Board of the approximately 3,000 dental, 50 per­ Consequently, chapter 61-262 was intro­ of Health, in March, 1961, in order to pro­ cent of the approximately 3,500 medical, and duced in the 1961 session of the legislature, tect the people of the State from the hazard­ a number of industrial X-ray installations which provided the framework for such a ous effects of ionizing radiation, and acting have been visited. During 1961-63, the Board program. The bill was derived in large meas­ under the authority of the General Public of Health conducted a research project in an ure from suggested legislation of the Coun­ Law (Chapter 381, Florida Statutes) adopted effort to improve this program. One of the cil of State Governments. It was widely a comprehensive set of regulations pertain­ outstanding features of this study was a circulated and critically reviewed by a num­ ing to radiological health, as chapter 34 of demonstration of the importance of repeated ber of interested and affected persons and the Sanitary Code of the State. To insure , visits. Another research program, currently groups, and was revised to take into ac­ the maximum safety of all persons during huder way, is designed to establish radiation count appropriate comments. After exten­ the manufacture, use, storage, transporta­ background, levels in various parts of the sive consideration by committees of the tion and disposal of radiation sources, the stat^ and to determine the components of legislature, including several public hearings regulations applied to all sources of ionizing this radiation. These two projects have been at which all interested parties were afforded radiation and required the registration of all supported by the U.S. Public Health Service opportunity to be heard, the measure was radiation producing machines and radioactive at approximately $76,000.00 per annum. enacted as the Florida Nuclear Code (chap­ substances; set limits of radiation exposure; On December 1, 1955, the Honorable Leroy ter 290, part I, Florida Statutes, 1961 ). At defined the reponsibilities of users of radia­ Collins, Governor of Florida, by executive the same legislative session, chapter 61-227 tion to radiation workers and to the general order, created the Florida Nuclear Develop­ (part 2 of chapter 290, Florida Statutes, 1961) public and provided for inspection and en­ ment Commission to assist the Governor in was enacted, which made Florida a party to forcement of such regulations. he promotion of nuclear development within the Southern Inter-State Nuclear Compact. On February 21, 1962, pursuant to the the State of Florida and in cooperation with The enactment of the Florida Nuclear Code provisions of chapter 290, Florida Statutes, strengthend the framework for the control tí16 otller southern states and the Atomic and the recommendations of the Florida Nu- of radiation activities within the State as nergy Commission. The Commission con­ . clear Commission, the Honorable C. Farris follows: stóte of nine members to serve at the pleasure Bryant, Governor of Florida, designated the 1. Established the Florida Nuclear Com­Florida State Board of Health (hereinafter °f the Governor and without compensation. mission headed by a director responsible to referred to as the Board) as the regulatory In 1957, the legislature enacted chapter the Commission. W ith respect to adminis­ agency for nuclear control and licensing as 7-178 which created the Florida Nuclear De­ trative and regulatory responsibilities, the contemplated by section 290.10, Florida velopment Commission as a permanent duties of the Commission are to promote Statutes. agency of the State for the development and and support , a comprehensive program of To implement certain provisions of the application of nuclear energy .with all its education and research relative to nuclear Florida Nuclear Code and to insure compati­ tendant benefits, thus placing the coordi- development in the field of education, sci­ bility with Federal regulations and reciproc­ ation of all nuclear development within ence, agriculture, industry, transportation, ity with other agreement States, the Board No. 74------8 5176 NOTICES of Health revised its 1961 regulations. They issued upon application. Registration is re­ tem to insure that timely and adequate in­ now constitute chapters 170J-1 through -4 quired for radiation producing machines. spections are performed and that appropriate of the Florida Administrative Code. A copy It is planned to make prelicensing inspec­ actions are taken. of these regulations is included in this pres­ tion a part of the evaluation procedure when In addition, there will be investigations of entation as "Attachment C”. such prelicensing is deemed to be necessary incidents and complaints involving radiation In redrafting the regulations, language was and practicablë. In connection with licens­ sources to determine the cause, the steps drawn largely from models developed Jointly ing procedures, provision is made to give taken by the licensee or registrant to cope by the Atomic Energy Commission, the U.S. opportunity for all interested persons to be with the incident, whether or not there was Public Health Service and the Council of heard. non-compliance with a regulation, and the State Governments; and from recommenda­ With respect to human use the State steps taken to avoid recurrence o f the tions of the National Committee on Radia­ Health Officer has appointed highly qualified incident. tion, Protection and Measurement, and Re­ medical consultants knowledgeable in the The licensee or registrant will be informed ports of the Federal Radiation Council. clinical use of isotopes and other sources of of the results of all inspections, orally at the Assistance in drafting the regulations was ionizing radiation to assist in the develop­ time of the inspection, and- by letter or obtained from a number of individual, ment of policies, the establishment of cri­ notice from the Board. agencies and groups, including representa­ teria and the evaluation of unusual appli­ 3. Enforcement. Reports of inspections tives of the Atomic Energy Commission, the cations for license to apply radioactive sub­ will be evaluated by the State Board of U.S. Public Health Service, the Florida Nu­ stances to humans. Health to determine the status of compliance clear Commission, Florida Governmental Although the Florida Nuclear Code per­ with license conditions and regulations. If Agencies, professional associations and in­ mits the enactment of municipal ordinances no item of noncompliance is observed, licen­ dustrial groups. and regulations that are not inconsistent see or registrant will be so informed, if m . The Radiation Control Program—A. with the code and regulations adopted there­ only minor matters of noncompliance, such Regulations. The principal elements of the under, the agency charged with the responsi­ as improper signs, failure to label, etc., are program for the control of radiation hazards bility of promulgating regulations and is­ involved, which at the time of the inspec­ in the State of Florida are the Florida Nu­ suing licenses is the Florida State Board of tion the licensee or registrant agrees to cor­ clear Code (Chapter 290, Florida Statutes) Health. rect, he will be informed in writing of these and applicable rules of the State Board of 2. Inspection. Inspection for compliancematters and that corrective action will be Health. with regulations and with license conditions reviewed during the next inspection. If the The radiation regulations of the State will be carried on by the State Board of inspection reveals a noncompliance of a Board of Health have been modified in order Health and its duly authorized representa­ more serious nature, the licensee or regis­ to achieve: tives. trant will be required to inform the inspect­ ( I ) A comprehensive program covering not The local health departments, under the ing agency in writing, usually within 15 to only activities over which the State agency direction of the Florida State Board of 30 days, as to corrective action taken and has exercised exclusive jurisdiction (e.g., Health, will participate in inspection ac­ the date completed. In these cases, the X-rays and radium ), but also activities over tivities as they develop a radiological health Board will either conduct a prompt follow­ which authority will be discontinued by the program and demonstrate their capability. up inspection or the matter will be reviewed Atomic Energy Commission (byproduct ma­ As a part of the preparation for the as­ during a regular inspection to insure that terial, source material and special nuclear sumption of regulatory authority from the corrective action has, in fact, been accom­ material in quantities not sufficient to form AEC, State radiological health program per­ plished. I f the reply does not satisfactorily a critical mass ) ; and sonnel have accompanied AEC inspectors on explain the noncompliance and assure that (2) Compatibility between the State’s almost all of their license inspections in the further violations will be prevented, the radiation control program and the Atomic State since September, 1959. There are ap­ Board will take such administrative actions Energy Commission’s program for the regu­ proximately 200 licensees in the State. as are available, such as holding a hearing lation of like radioactive materials as re­ Based upon the number and kind of li­ in accordance with section 290.15, Florida quired by § 274.D(2) of the Atomic Energy censes and registrations, a priority system Statutes, which also provides for judicial re­ Act of 1954 as amended. will be established under-which inspection view of the final order resulting from such In developing the regulations to achieve of the most hazardous activities will be hearing. There is provision for emergency the foregoing objectives, the Board of Health scheduled at least once each six months, and action without notice or hearing, but such predicated the substantial content of the the remainder on a less frequent basis. Ini­ emergency action shall be subject to a prompt program, i.e., the radiation protection stand­ tial priorities will be established on the basis hearing afforded the licensee or registrant. ards, regulation relating to permissible doses, of the prelicensing evaluation and may be Among the enforcement procedures avail­ levels and concentrations, on the guides of modified in accordance with subsequent in­ able to the Board are modification, suspen­ the Federal Radiation Council, as approved spections. It is expected that all licensed sion, or revocation of licenses, or injunctive by the President, and pertinent recommenda­ activities will be inspected at least once in relief, and criminal sanctions afforded in tions of the National Committee on Radiation two years. the courts. (Sections 290.15, 290.16, 290.17 Protection Measurements. Most inspections will be scheduled visits; and 290.19, Florida Statutes.) With respect to other substantive matters a significant number may be on an un­ Upon failure to secure administrative re­ such as licensing and precautionary proce­ scheduled basis. A review of the structure lief where applicable, the Board will prepare dures, e.g., surveys, posting, labeling, existing of the organization of the establishment and proper charges against alleged nonlicensed Atomic Energy Regulations and the suggested of pertinent operational procedures will be operators or those persons falling to comply regulations issued by the Council of State made, especially if changes have occurred with Board orders, for presentment to State Governments were used as models. since the license was issued or the registra­ Attorneys or local county prosecuting attor­ The Board’s regulations with regard to tion accomplished. Specific responsibilities neys; accompanying the said charge shall be burial are more stringent than those of the will be ascertained or confirmed. Inspection a request for prosecution together with a trial suggested regulations. This stringency is visits will usually entail a comprehensive memorandum setting forth the names of the held as being necessary in the interest of the review by the inspector of equipment, facil­ witnesses and the testimony that may be public health because of the particular and ities and procedures for handling and storage adduced from the individual witness, and somewhat peculiar geology and hydrology of of radioactive material, and an interview with an outline showing the chain of custody the State of Florida which necessitates in­ key personnel directly involved. The in­ on the tangible evidence expected to be intro­ dividual appraisal of each proposed site to spector will review the survey methods and duced at the trial. m in im ize the probability of underground results of personnel monitoring, the posting C. Emergency planning and capabilities. contamination. of signs and labeling, instruction of person­ 1. Under the general coordination of the Modification of the laws and regulations nel; and the methods and apparent ef­ Florida Nuclear and Space Commission a ra­ has resulted in a State program which is com­ fectiveness of maintaining control of people diological assistance organization and plan patible with the Commission’s program and in controlled areas. He will review the rec­ of action have been developed. The State those of “agreement States” but which differs ords of receipts, transfers and inventory of Highway Patrol has assumed the respon­ from the Commission’s program in several licensed or registered material. He may sibility for alerting, communications and respects. This difference is primarily in that physically check the inventory. He will ex­ team transportation or escort. Local law the State’s comprehensive program covers all amine records concerning disposal to the enforcement officials will control any pos­ radiation sources, including those whose pos­ sewerage system and burial in the soil, if sible crowd development. Radiological as­ session and use is subject to registration pertinent. He may take measurements of sistance technical teams, including phy* rather than licensing. radiation levels. He will meet with manage­ sicians have been developed at public health B. Program administration— 1. Licensing ment to discuss the results of his inspection. and university centers. There are six such and registration. Licenses are required for During this meeting, he will discuss questions teams so located that no point in the State the possession of radioactive materials above concerning the regulatory program. (except Key West) is more than 100 miles exempt amounts of concentrations, regardless The inspector will prepare a report in from a team. Emphasis at this time is oh of the mode of formation of such materials. sufficient detail to describe the facts and training, rehearsal and more completely Licenses for radioactive materials are of two circumstances observed during the inspec­ equipping the teams. Personnel of the AB types, general licenses effective without the tion. These reports will provide the basis Savannah Operations Office and of the AE filing of applications or the issuance of li­ for any necessary enforcement action. The Pinellas Area Office have assisted iu thi censing documents, and specific licenses Board will review the operation of this sys­ development. Wednesday, A p r il 15, 1964 FEDERAL REGISTER 5177

2 Stimulated by tbe I 131 levels In Utah and pending the addition of personnel he tary of the Treasury to New England In­ and certain other States the Florida State will be responsible for licensing and the re­ surance Company, Springfield, Massa­ Board of Health convened a meeting of rep­ view of regulations.) chusetts, and The Standard Insurance resentatives from the Department of Agricul­ Public Health Physicist III. There are Company, of Tulsa, Oklahoma, under the proposed two positions at this level. One is ture m ilk producer and distributor associa­ provisions of the Act of Congress ap­ tions, cattle feed industry, and the University primarily responsible for licensing and for of Florida to discuss possible action pro­ the development and constant review of reg­ proved July 30, 1947 (6 U.S.C. 6-13) to grams for the State of Florida. An ad hoc ulations. The other, now on duty, will be qualify as sole sureties on recognizances, committee has formed with the Department responsible for the survey and consultation stipulations, bonds and undertakings of Agriculture representative as chairman. with the user aspects of the program. This permitted or required by the laws of the This committee held several meetings dur­ concept differs from the AEC inspection and United States are hereby terminated ef­ ing which a detailed plan of action based on enforcement program only in that, in addi­ fective as of midnight, December 31, tion to the detailed inspection and rigid the use of aged feed was drawn up. Specific 1963. responsibilities were assigned and lines of enforcement, we feel a responsibility and will Springfield Insurance Company, a communication were established. exert considerable effort in assisting the user D. Laboratory support. The radiological in improving his physical facilities and his Massachusetts corporation, holds a Cer­ laboratory of the State Board of Health is procedures in an attempt to arrive at the tificate of Authority from the Secretary administratively a unit of the Bureau of least practical exposure to humans to ioniz­ of the Treasury as an acceptable surety Laboratories. Technical assistance and di­ ing radiation. on bonds in favor of the United States. rection is supplied by the Division of Radio­ Public Health Physicist II. It is planned Pursuant to Agreement of Merger dated logical and Occupational Health. The labo­ that the program will begin with at least two individuals at this level. Each will be re­ September 27, 1963, effective midnight ratory is manned by two radiological chemists December 31,1963, approved by the Com­ and two technicians with part-time clerical sponsible for a given area of the State, and assistance. It is located in a new building will be responsible for prelicensing visits, in­ missioner of Insurance of the Common­ and was designed specifically for radiological spections, as well as preliminary processing wealth of Massachusetts, December 18, work. Equipment includes: a two detector of registration forms, making X-ray surveys, 1963, and the Insurance Commissioner of low beta counting system, windowless pro­ and performing other radiological health the State of Oklahoma on December 20, portional counters, one single channel gam­ program work as required in his area. 1963, New England Insurance Company, ma scintillation spectrometer and a 612 chan­ Upon consummation of an agreement with Springfield, Massachusetts and The nel gamma scintillation spectrometer, beta the Atomic Energy Commission, additional personnel will be employed, as available and Standard Insurance Company, of Tulsa, and alpha scintillation detectors, and an Oklahoma, were merged into Spring- eleven cubic foot muffle furnace. The sample necessary to perform license evaluations and preparation section is complete with fulL to provide supervision over the inspection field Insurance Company, Springfield, chemical analytical capability. program. Massachusetts, the surviving company. IV. Organisation and personnel. The^ Requirements as to qualifications and pro­ Springfield Insurance Company acquired radiation control program is established in ficiencies of local health department per­ all of the assets and assumed all of the the Division of Raliological and Occupational sonnel performing Radiological Health duties liabilities of New England Insurance Health, an existing organizational .unit of will be at least as high as for State personnel performing similar duties. Company and The Standard Insurance the Florida State Board of Health.. There is Company. A copy of the Agreement of no absolute line of cleavage between the V. Coordination. Coordination of'the radiological and occupational health pro­ State program for the control of radiation Merger is on file in the Treasury Depart­ grams, but for clarity of this presentation, is facilitated through the functions of the ment, Bureau of Accounts, Surety Bonds they are being considered as separate and Florida Nuclear and Space Commission. All Branch, Washington, D.C., 20226. distinct. With regard to the Radiological agencies and political subdivisions of the No action need be taken by bond ap­ Health Program, Division philosophy requires State are required to keep the Commission proving officers, by reason of the merger, that there be as much interplay between pro­ fully and currently informed as to their activities. with respect to any bond or other obliga­ grams as possible. The reason for this is tions in favor of the United States, or in that we need sufficient breadth of capabili­ The Coordinating Council of the Florida ties so that no program will be seriously Nuclear Commission was established early which the United States has an interest, interfered with by routine absences or emer­ in the development of the radiation control direct or indirect, issued on or before gency situations. A further but perhaps no program and its functions and recommenda­ December 31, 1963, by New England In­ less serious reason is that some activities in tions have been instrumental in developing surance Company or The Standard In­ each of the programs are of a routine nature^ the present program. surance Company pursuant to the Cer­ and carry little, if any, psychological chal­ The Florida Nuclear Code provides that any rulé, regulation or ordinance, or amend­ tificates of Authority issued to the Com­ lenge or job satisfaction if they constitute panies by the Secretary of the Treasury. the sole function of any one person for ex­ ment thereto or repeal thereof primarily or tended periods of time. As a further directly relating to Atomic Energy proposed The merger of the Companies will not measure of providing broader training and by any department, division, commission affect the underwriting limitation of the experience, employees are encouraged to avail or agency of the State of any political sub­ surviving corporation, Springfield In­ themselves of general and catagorical orien­ division thereof, shall not become effective surance Company. Its present limita­ tation courses given by the State Board of until 90 days after it has been submitted to tion of $9,830,000.00 will remain in ef­ Health, the U;S. Public Health Service, and the Commission, unless the Commission or fect until a new limitation is established the AEC. v the Governor waives such waiting period. effective June 1, 1964. The minimum educational and experience If, after consultation with the Commission, requirements for the position categories di­ the Governor finds any of either the pro­ [ s e a l ] G eorge F. S t ic k n e y , rectly related to the regulatory program as posed or existing rules to be inconsistent, Deputy Fiscal Assistant Secretary. set forth In the Florida Merit System job de­ he may direct the appropriate agency to scriptions (with salaries) are attached in [F.R. Doc. 64-3693*, Filed, Apr. 14. 1964; Attachment A. Presented in Attachment B amend or repeal such rules to achieve con­ 8:47 a.m.] is biographical material for personnel pres­ sistency (Section 290.09, Florida Statutes). ently employed. [FJt. Doc. 64-3744; Filed, Apr. 14, 1964; [Dept. Circ. 570, 1963 Rev. Supp.-No. 27] - A brief description of the various positions 8:60 aon.] follows: ■ - Director, Division of_ Radiological and Oc­ STANDARD ACCIDENT INSURANCE cupational Health ( Health Officer I V ) . This CO. individual is Director of the Division, being administratively responsible for the com­ DEPARTMENT OF THE TREASURY Termination of the Authority to Qual­ ined radiological and occupational health Program of the State Board of Health. This Office 'of the Secretary ify as Surety on Federal Bonds person is an M.D. and, in addition to admin- [Dept. Circ. 570, 1963 Rev. Supp. No. 28] A p r il 9, 1964. rative duties, will assist by providing staff medical advice when needed. NEW ENGLAND INSURANCE CO. AND Notice is hereby given that the Cer­ PubZic Health Physicist IV. The person in tificate of Authority issued by the Sec­ tra+t Pos^tion has major technical admlnis- STANDARD INSURANCE CO. retary of the Treasury to Standard Ac­ he resPonsibility for all the radiological cident Insurance Company, Detroit, aith programs of the Division, including Termination of the Authorities of Com­ panies to Qualify as Sureties on Michigan, under the provisions of the eram°UrCe con^r°l program, emergency pro- Act of Congress approved July 30, 1947 anc* environmental surveillance and Federal Bonds thP les' 116 provide direct; assistance in (6 U.S.C. 6-13), to qualify as sole surety A p r il 9,1964. in®, atory Pro&ram as required. (D ur- on recognizances, stipulations, bonds aiid tn+vTe :nitlal Phase of the program incident Notice is hereby given that the Cer- undertakings permitted or required by •me transfer of authority from the AEC Bcates of Authority issued by the Secre­ the laws of the United States is hereby 5178 NOTICES terminated effective as of the close of tions, or objections in connection with livestock loan assistance and who can business December 31, 1963. the proposed withdrawal may present qualify under established policies and Reliance Insurance Company, a Penn­ their views in writing to the undersigned procedures. sylvania corporation, holds a Certificate officer of the Bureau of Land Manage­ of Authority from the Secretary of the ment, Department of the Interior, 2002 Done at Washington, D.C., this 10th day of April 1964. Treasury as an acceptable surety on Capitol Avenue, Cheyenne, Wyoming. bonds in favor of the United States. The authorized officer of the Bureau of O r v ill e L. F reeman, Pursuant to Agreement of Merger dated Land Management will undertake such Secretary. February 8,1963 and amendment thereto investigations as are necessary to deter­ JF.R. Doc. 64-3711; Filed, Apr. 14, 1964- dated August 9, 1963, effective as of the mine the existing and potential demand 8:49 a.m.] close of business December 31, 1963, ap­ for the land and theirresources. He will proved by the Commissioner of Insur­ also undertake negotiations with the ap­ ance of the State of Michigan, October plicant agency with the view of adjusting 31,1963 and the Insurance Commissioner the application to reduce the area to the DEPARTMENT OF COMMERCE and Governor of the State of Pennsyl­ minimum essential to meet the appli­ vania, December 18, 1963, Standard Ac­ cant’s needs to provide for the maximum Bureau of International Commerce cident Insurance Company, Detroit, concurrent utilization of the lands for [File No. 26-480] Michigan, was merged into Reliance In­ purposes other than the applicant’s, to surance Company, Philadelphia, Penn­ eliminate lands needed for purposes more ANNA WELLEMS ET AL. sylvania, the surviving company. Reli­ essential than the applicant’s, and tp Order Denying Export Privileges for an ance Insurance Company acquired all of reach agreement on the concurrent man­ the assets and assumed all of the liabil­ agement of the lands and their resources. Indefinite Period ities of Standard Accident Insurance He will also prepare a report for con­ In the matter of Anna Wellems trad­ Company. Copies of the Agreement of sideration by the Secretary of the In­ ing as Stemege Handel Mit Steuerung- Merger are on file in the Treasury De­ terior who will determine whether or not stechnik und Messgerate Wohllebengasse partment, Bureau of Accounts, Surety the lands will be withdrawn as requested 15 Vienna IV, Austria, File 26-480; re­ Bonds Branch, Washington, D.C., 20226. by the Corps of Engineers in behalf of the spondent. / No action need be taken by bond- Department of the Air Force. The Director, Investigations Division, approving officers, by reason of the The determination of the Secretary on Office of Export Control, Bureau of In­ merger, with respect to any bond or other the application will be published in the ternational Commerce, U.S. Department obligations in favor of the United States, F ederal R eg ist e r . A separate notice will of Commerce, has applied for an order or in which the United States has an be sent to each interested party of record. denying to the above named respondent interest, direct or indirect, issued on or If circumstances warrant it, a public all export privileges for an indefinite pe­ before December 31, 1963 by Standard hearing will be held at a convenient time riod because the said respondent failed Accident Insurance Company pursuant and place, which will be announced. to furnish answers to interrogatories and to the Certificate of Authority issued to The lands involved in the application failed to furnish certain records and the Company by the Secretary of the are: other writings specifically requested, Treasury. without good cause being shown. This The merger will not affect the under­ Six t h P r in c ip a l M e r id ia n , W y o m in g application was made pursuant to § 382.15 writing limitation of the surviving cor­ T. 32 NT., R. 107 W. of the Export Regulations (Title 15, poration, Reliance Insurance Company. Sec. 1, S W ^ N E & N W ^ S W ^ , sy2NWy4 Chapter H I, Subchapter B, Code of Fed­ n w 14sw 14, s w & n w ^ s w ^ , w y2se Its present limitation of $10,326,000 will Nwy4swy4, wy2swy4swy4, wy2Ey2 eral Regulations). remain in effect until a new limitation swy4swy4. In accordance with the usual practice, is established effective June 1, 1964. the application for an indefinite denial The area described aggregates 52.5 order was referred to the Compliance G eorge F. S t ic k n e y , acres. Deputy Fiscal Assistant Secretary. Commissioner, Bureau of International B u r t o n W . S il c o c k , Commerce, who after consideration of [F.R. Doc. 64-3694; Filed, Apr. 14. 1964; Acting State Director. the evidence has recommended that the 8:47 a.m.] [P B . Doc. 64-3679; Filed, Apr. 14, 1964; application be granted. 8:46 a.m.] The report of the Compliance Com­ missioner and the evidence in support of the application have been considered. DEPARTMENT OF THE INTERIOR The evidence presented shows that Bureau of Land Management DEPARTMENT OF AGRICULTURE Anna Wellems, trading as Stemege Han­ Office of the Secretary del Mit Steuerungstechnik Und Messge­ WYOMING rate, has a place of business in Vienna, [W-0308886J OHIO Austria; that she has participated in a transaction involving the exportation Notice of Proposed Withdrawal and Designation of Areas for Emergency from Austria of U.S. origin commodities Reservation of Lands Loans of a strategic nature; that the aforesaid Investigations Öivision is conducting an A p r il 8, 1964. For the purpose of making emergency loans pursuant to section 321 of the Con­ investigation into the details of respond­ The Corps of Engineers, U.S. Army solidated Farmers Home Administration ent’s participation in said transaction Engineer District, Omaha, has filed an Act of 1961 <7 U.S.C. 1961), it has been and as to the disposition of said com­ modities. It is impracticable to subpoena application, serial number Wyoming determined that in the hereinafter- 0308886, in behalf of the Department of named counties in the State of Ohio the respondent and relevant and mate­ rial interrogatories and request to furnish the Air Force, for the withdrawal of the natural disasters have caused a need for lands described below, from all forms of certain specific documents were served agricultural credit not readily available appropriation under the public land laws, on her pursuant to § 382.15 of the Ex­ from commercial banks, cooperative including the mining laws and the min­ port Regulations. Said respondent has lending agencies, or other responsible eral leasing laws, as provided by Execu­ failed to furnish answers to said inter­ sources. documents tive Order 10355 (43 USC 141), subject Ohio rogatories or to furnish the to valid existing rights. requested, as required by said section, The applicant desires the lands for Adams. Pike. and she has not shown good cause for Brown. Scioto. expansion of the Air Force weather re­ such failure. I find that an order deny­ Clermont. search station, Boulder, Wyoming, and ing export privileges to said respondent for a buffer zone around the basic con­ Pursuant to the authority set forth for an indefinite period is reasonably struction site. above, emergency loans will not be made necessary to protect the public interest For a period of 30 days from the date in the above-named counties after De­ and to achieve effective enforcement 01 of publication of this notice, all persons cember 31,1964, except to applicants who the Export Control Act of 1949, as who wish to submit comments, sugges­ previously received emergency or special amended. Wednesday, April 15, 1964 FEDERAL REGISTER 5179

Accordingly, it is hereby ordered: V. No person, firm, corporation, part­ I. All outstanding validated export li­ nership or other business organization, DEPARTMENT OF HEALTH, EDU­ censes in which respondent appears or whether in the United States or else­ participates in any manner or capacity where, without prior disclosure to and CATION, AND WELFARE specific authorization from the Bureau are hereby revoked and shall be returned Food and Drug Administration forthwith to the Bureau of International of International Commerce, shall do any Commerce for cancellation. of the following acts, directly or indi­ S. B. PENICK & CO. rectly, or carry on negotiations with re­ II. The respondent, her successors or Notice of Filing of Petition Regarding assigns, partners, representatives, agents, spect thereto, in any manner or capacity, and employees hereby are denied all on behalf of or in any association with Food Additives Sanitizing Solutions privileges of participating, directly or the respondent or any related party, or Pursuant to the provisions of the Fed­ indirectly, in any manner or capacity, whereby the respondent or related party' eral Food, Drug, and Cosmetic Act (sec. in any transaction involving commodi­ may obtain any benefit" therefrom 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 ties or technical data exported from the or have any interest or participation (b F (5 )), notice is given that a petition United States in whole or in part, or to therein, directly or indirectly: (a) Apply (FAP 1360) has been filed by S. B. Penick be exported, or which are otherwise sub­ for, obtain, transfer, or use any license, & Company/ 100 Church Street, New ject to the Export Regulations. Without shipper’s export declaration, bill of York 8, New York, proposing an amend­ limitation of generality of the foregoing, lading, or other export control document ment to § 121.2547 to provide for the safe participation prohibited in any such relating to any exportation, reexporta­ use of potassium iodide, sodium lauryl ' transaction, either in the Ü.S. or abroad, tion, transshipment, or diversion of any sulfate, and sodium p-toluenesulfon- shall include participation, directly or commodity or technical data exported or chloramide as components of sanitizing indirectly, in any manner or capacity, (a) to be exported from the United States, solutions. as a party or as a representative of a by, to, or for any such respondent or Dated: April 9, 1964. party to any validated export license related party denied export privileges; application, (b) in the preparation or or (b) order, buy, receive, use, sell, de­ M a l c o lm R. S t e p h e n s , filing of any export license application liver, store, dispose of, forward, trans­ Assistant Commissioner for Regulations. or reexportation authorization, or any port, finance, or otherwise service or par­ document to be submitted therewith, (c) ticipate in any exportation, reexporta­ [F.R. Doc. 64-3690; Filed, Apr. 14, 1964; 8:46 ajn .] in the obtaining or using of any validated tion, transshipment, or diversion of any or general. export license or other ex­ commodity or technical data exported POLYMER INDUSTRIES, INC. port control document, (d) in the carry­ or to be exported from the United States. ing on of negotiations with respect to, Notice of Filing of Petition Regarding VI. A copy of this order shall be served or in the receiving, ordering, buying, Food Additives Adhesives selling, delivering, storing, using, or dis­ on respondent. Pursuant to the provisions of the Fed­ posing of any commodities or technical VII. In accordance with the provisions eral Food, Drug, and Cosmetic Act (sec. data in whole or in part exported or to of § 382.15 of the Export Regulations, 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 be exported from the United States, and the respondent may move at any time to (b )(5 )), notice is given that a petition (e) in the financing, forwarding, trans­ vacate or modify this indefinite denial (FAP 1374) has been filed by Polymer porting, or other servicing of such com­ order by filing with the Compliance Industries, Inc., Viaduct Road, Spring- or technical data. modities Commissioner, Bureau of International dale, Connecticut, proposing the amend­ m. Such denial of export privileges Commerce, U.S. Department of Com­ ment of paragraph (c) (5) of § 121.2520 shall extend not only to the respondent, merce, Washington, D.C., 20230, an ap­ Adhesives by inserting in the list “Com­ her agents and employees and but also to propriate motion for relief, supported by ponents of Adhesives” the new item “1,4- to any successor and to any person, firm, Butanediol.” corporation,__ or business organization substantial evidence, and may also re­ with which she now or hëreafter may be quest an oral hearing thereon, which, if Dated: April 9, 1964. related by affiliation, ownership, control, requested shall be held before the Com­ M a l c o l m R. S t e p h e n s , position of responsibility, or other con­ pliance Commissioner at Washington, Assistant Commissioner nection in the conduct of trade or serv­ D.C., at the earliest convenient date. for Regulations. therewith. ices connected This order shall become effective on [P E . Doc. 64-3691; Filed, Apr. 14, 1964; IV. This order shall remain in effect 8:46 a.m.] until the respondent provides responsive April 10,1964. answers, written information and docu­ Dated: April 6,1964. DR. SALSBURY’S LABORATORIES ments in response to the interrogatories Notice of Filing of Petition Regarding heretofore served upon her or gives ade­ R a v e r H . M e y e r , quate reasons for failure to do so, except Acting Director, Food Additive Dimetridazole insofar as this order may be amended or Office of Export Control, Pursuant to the provisions, of the Fed­ modified hereafter in accordance with [F.R. Doc. 64-3710; Filed, Apr. 14, 1964; eral Food, Drug, and Cosmetic Act (sec. the Export Regulations. 8:49 ajn.l 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 5180 NOTICES

(b) (5 )), notice is given that petitions lation to provide for the safe use of di- such ground transportation is between (FAP 1092, 1152) have been filed by Dr. metridazole (l,2-dimethyl-5-nitroimi- points which are common rated to the Salsbury’s Laboratories, Charles City, dazole) in feed and drinking water of ultimate origin or ^destination point. We Iowa, proposing the issuance of a regu­ chickens and turkeys, as follows: can perceive no logical bar to a through T able 1—Dimetbidazole in F eed air/surface arrangement over a reason­ ably direct routing- at charges equal to Principal Grams per Combined Grams limitations Indications for use the IATA rates from origin to destina­ ingredient ton with— per ton tion.3 We do not herein purport to af­ fect the authority which any carrier may 1. Dimetridazole. 91-908 For turkeys; not for lay­ Prevention and treatment of have to serve any particular point, or (0.01-0.1%) ing turkeys; withdraw blackhead (histomoniasis, en- to endorse any particular operation. 3 days before slaughter. terohepatitis) ; for restoring feed consumption in turkeys Neither is the matter of a carrier’s au­ affected by blackhead; for thority to perform services between any growth stimulation and im­ proved feed efficiency. points for IATA to determine. Our con­ 2. Dimetridazole. 45.5-906 For chickens; not for Prevention and treatment of cern with the restrictive effect of the (0.005-0.1%) laying chickens; with­ blackhead (histomoniasis, en- draw 3 days before terohepatitis); for restoring resolutions does not mean, of course, slaughter. feed consumption in chick­ that specific rate resolutions stating al­ ens affected by blackhead; lowable routing considerations may not for growth stimulation and improved feed efficiency. be proper, particularly where indicated to prevent uhdue circuity. Such resolu­ T able 2—D imetbidazole in Drinking Water tions, whether of general or specific ap­ plication, should be definite and non- discriminatory. Principal Amount Combined Amount Limitations Indications for use ingredient with— We believe, however, that an equitable solution to this problem in the first in­ 1. Dimetridazole ;; (0.01%) For turkeys; as sole source of drinking Prevention of black stance should be left to the carriers water; not for laying birds; withdraw head. within the framework of IATA. We note 3 days before slaughter. 2. Dimetridazole. (0.02%) For turkeys; as sole source of drinking Treatment of black­ in this connection the carriers have di­ water; not for laying birds; withdraw head. rected the working group to give this 3 days before slaughter. matter further consideration. 3. Dimetridazole. (a 04%) For turkeys; as sole source of drinking Treatment of severe water; treat for 5 days only; not for outbreaks of black­ W e would add that we are concerned laying birds; withdraw 3 days before head. with the termination of Resolution 512 slaughter. (b ). Such a resolution is essential to the maintenance of airport-to-airport Dated: April 9, 1964. rates. Indeed, the absence of an ap­ M alcolm R. S teph ens, propriate terminal charge for ground Assistant Commissioner for Regulations. transportation is considered a form of [F.R. Doc. 64-3692; Filed, Apr. 14,1964; 8:47 a.m.] rebate. The absence of a charge for such’ terminal services would be in violation. of the prohibitions against rebating and proval is given under the assumption discrimination contained in sections 403 CIVIL AERONAUTICS BOARD that this resolution in no way restricts and 404 of the Act. [Docket No. 14945; Order E-20680] the right of member carriers to establish The Board, acting pursuant to sections air/surface rates, as long as charges are 102, 204(a), and 412 of the Act, does not INTERNATIONAL AIR TRANSPORT not absorbed to undercut specified or find Resolution 507 incorporated in R-9 ASSOCIATION constructed IATA fares or rates. Sea­ of Agreement CA.B. 17479, to be adverse board considers that IATA may be im­ Order Regarding Cargo Rates to the public interest or in violation of properly assuming jurisdiction over the the Act. Adopted by the Civil Aeronautics scope of carrier operations through its Accordingly, it is ordered, That, Agree­ Board at its office in Washington, D.C., common-rating practices and prohibi­ ment C.A.B. 17479, R-9 (insofar as it on the 10th day of April 1964. tion of trucking arrangements. pertains to Resolution 507), be and here­ In the matter of an agreement adopted Pan American World Airways, Inc., by is approved. by Joint Conference 1-2 of the Interna­ And Trans World Airlines, Inc., have Any air carrier party to the agreement, tional Air Transport Asosciation relating submitted comments in opposition to or any interested person, may within 15 to cargo rates, Docket No. 14945, Agree­ Seaboard’s request for a government res­ days from the date of service of this or­ ment C.A.B. 17479, R-9.1 ervation. W e have examined all com­ der, submit statements in writing con­ There has been filed, with the Board ments and the Conference minutes, and taining reasons deemed appropriate, to­ pursuant to section 412(a) of the Fed­ conclude that Resolution 507 should be gether with supporting data, in support eral Aviation Act of 1958 (the Act) and approved without condition. of or in opposition to the Board’s action Part 261 of the Board’s Economic Regu­ In coming to this conclusion we take herein. An original and nineteen copies lations, an agreement between various particular note of the fact that the una­ of the statements should be filed with air carriers, foreign air carriers, and nimity requirements of IATA preserve the Board’s Docket Section. The Board other carriers, embodied in the resolur the right of individual carriers not to be may, upon consideration of any such tions of Joint Conference 1-2 of the In­ bound for an indefinite period by IATA/ statements filed, modify or rescind its ternational Air Transport Association resolutions. Seaboard in this instance action herein by subsequent order. (IA T A ) adopted at meetings held in De­ acquiesced in the readoption of the reso­ cember 1963. The agreement has been lution, albeit not without grave doubts This order will be published in the assigned the above-designated C.A.B. as to the effect on its operations. Under F ederal R egister. ' Agreement number. these circumstances, we are reluctant By the Civil Aeronautics Board. The agreement here under considera­ to grant the Seaboard request which tion provides for the readoption of Reso­ could be interpreted as achieving through [SEAL] M abel M cCart, lution-507, which provides in substance goverment action an objective it has been Acting Secretary. unable to obtain through conference that air cargo rates shall be applicable on [F.R. Doc. 64-3713; Mled, Apr. 14, 1964; an airport-to-airport basis only. negotiations. 8:49 a.m.] Seaboard World Airlines, Inc., by let­ The Board believes that the cargo res­ ter, has requested that the Board condi­ olutions as applied by IATA, however, a Carriers desiring to participate in com­ tion its approval to the effect that ap- operate to restrict the freedom of a car­ bined air surface transportation under sucn rier to enter into arrangements for circumstances must show appropriate re 1 Resolution 002, Standard Re validation through air/surface transportation on a erenoes thereto in their tariffs filed with Resolution, as It pertains to Resolution 507. competitive basis, particularly where Board. Wednesday, April 15, 1964 FEDERAL REGISTER 5181

[Docket No. 14629] for construction permits to establish sta­ Released: April 10, 1964. tions in the Point-to-Point Microwave F ederal C ommunications SERVICE TO ANDERSON, Radio Service near Kerrville, and at C o m m is s io n , SOUTH CAROLINA Midway, Texas. [ s e a l ] B e n F . W a p l e , Notice of Hearing 1. By order released August 8, 1963, Secretary. the Review Board remanded the instant Notice is hereby given, pursuant to the proceeding to the Hearing Examiner on [FJR. Doc. 64-3706; FUed, Apr. 14, 1964; provisions of the Federal Aviation Act of a modified issue. On April 3, 1964, the 8:48 am .] 1958, as amended, that a hearing in the Commission disposed of an application above-entitled proceeding will be held on for review of the Review Board’s order [Docket Nos. 15326-15328; FCC 64M-298] May 12,1964, at 10 a.m., l.t., in the Holi­ by directing that all factual issues should day Room at the Holiday Inn, 3025 North be resolved prior to Commission con­ SPRINGFIELD TELEVISION BROAD­ Main Street, Anderson, South Carolina, sideration of the matter. CASTING CORP. ET AL. before the undersigned examiner. 2. Whether additional hearing ses­ For information concerning the issues sions will be necessary to prepare an Order Continuing Hearing involved and other details in this pro­ Initial Decision on the modified issues In re applications of Springfield Tele­ ceeding, interested persons are referred is uncertain. On the one hand, a rea­ vision Broadcasting Corporation, Toledo, to the prehearing conference report sonably complete record has already Ohio, Docket No. 15326, File NO. B P C T - served on March 25, 1964, and other been made as to relationships between 3157; D. H. Overmyer, Toledo, Ohio, documents which are in the docket of the parties involved, and the applicant Docket No. 15327, File No. BPCT-3173; this proceeding on file in the Docket Sec­ may wish to submit its case on the exist­ Producers, Inc., Toledo, Ohio, Docket No. tion of the Civil Aeronautics Board. ing record. On the other hand, the ap­ 15328, File No. BPCT-3178; for construc­ Dated at Washington, D.C., April 10, plicant may wish to submit additional tion permits for new television broadcast 1964. evidence on the modified issue, or may stations. wish to up-date its showing on the basis The Hearing Examiner having under [seal] Joseph L. F it z m a u r ic e , of changed facts since the closing of the consideration the motion for extension Hearing Examiner. record. In either event, the applicant of procedural date and continuance of [F.R. Doc. 64-3714; Filed, Apr. 14, 1964; should be afforded an opportunity to ex­ hearing filed in the above-entitled pro­ 8:49 am.] press its views on the record. ceeding on April 2, 1964, by Springfield Accordingly, it is ordered, This 3d day Television Broadcasting Corporation; of April 1964, that a hearing conference It appearing, that the said motion re­ will be held on April 17, 1964, commenc­ quests an extension of time for the ex­ FEDERAL COMMUNICATIONS ing at 9:00 a.m. in the offices of the change of exhibits to be offered in evi­ Commission at Washington, D.C. dence in the presentation of the direct COMMISSION Released: April 7,1964. affirmative cases from May 4, 1964 to [Docket Nos. 14585, 14586; FCC 64M-297] May 11,1964, and that the hearing here­ F ederal C ommunications in presently scheduled to commence on GROSSCO, INC., AND VALLEY C o m m is s io n , May 11, 1964, be continued to May 20, BROADCASTING CO. [ s e a l ] B e n F . W a p l e , 1964; Secretary. It further appearing, that all parties Order Scheduling Prehearing [F.R. Doc. 64-3705; Filed, Apr, 14, 1964; have consented to immediate considera­ Conference 8:48 a.m.] tion and grant of the said motion and In re applications of Grossco, Inc., that good cause for a grant thereof is West Hartford, Connecticut, Docket No. [Docket No~14974; FCC 64M-303] shown: 14585, File No. BPH-3222; The Valley It is ordered, This 7th day of April Broadcasting Company, Ansonia, Con­ SALEM BROADCASTING CO. 1964 that the said motion is granted and that the time for exchange of the exhib­ necticut, Docket No. 14586, File Nò. Order Continuing Hearing pPH-3241; for construction permits its is extended from May 4,1964, to May (FM). -r j In re application of Salem Broadcast­ 11, 1964; On the Examiner’s own motion: It is ing Company, Salem, Ohio, Docket No. It is further ordered, That the hearing orderedt This 6th day of April 1964 that 14974, File No. BP-13950; for construc­ herein presently scheduled for May 11, a further prehearing conference, be, and tion permit. 1964, is continuéd to May 20, 1964, com­ the same is, hereby scheduled for April The Hearing Examiner having under mencing at 10:00 a.m. in the offices of 16, 1964, at 10:00 am . in the Offices of consideration petition filed April 8, 1964, the Commission at Washington, D.C. the Commission in Washington, D.C., for on behalf of the applicant requesting Released: April 8,1964. the purpose of discussing further jpro- changes in certain procedural and hear­ ceedings in the above-entitled matter ing dates; F ederal C ommunications C o m m is s io n , since the lifting of the FM freeze. . It appearing, that good cause exists [ s e a l ] B e n F . W a p l e , why said petition should be granted and Released: April 7,1964. Secretary. there is no objection thereto; F ederal C ommunications Accordingly, it is ordered, This 9th day [F R . Doc. 64-3707; Filed, Apr. 14, 1964; 8:48 am .] C o m m issio n , of April 1964, that the petition is [seal] B e n F. W aple, granted; that the preliminary exchange Secretary. of engineering exhibits shall be accom­ [Docket Nos. 15204-15207; FCC 64M-295] [PJt. Doc. 64-3704; Filed, Apr. 14,, 1964; plished on or before April 17, 1964; that 8:48 a.m.] any further request for engineering ma­ WHDH, INC. (WHDH-TV) ET AL. terials shall be made on or before April Order Regarding Procedural Dates 24, 1964; that the final exchange of en­ [Docket No. 14730; FCC 64M-293] gineering material shall be accomplished In re applications of WHDH, Inc. w. A. HENLEY AND KIMBLE on or before April 28, 1964, and that the (W H D H -T V ), Boston, Massachusetts, COMMUNICATIONS notification of witnesses desired for Docket No. 15204, File No. BRCT-530, for cross-examination shall be made before renewal of license? Charles River Civic Memorandum Opinion and Order April 30,1964; Television, Inc., Boston, Massachusetts, Scheduling Prehearing Conference It is further ordered, That the hearing Docket No. 15205, File No. BPCT-3164; herein now scheduled for June 10, 1964, Boston Broadcasters, Inc., Boston, M as­ ri/? reJapplications of W . A. Henley, be and the same is hereby rescheduled sachusetts, Docket No. 15206, File No. ff^ im b le Communications, Docket for May 4, 1964, 10:00 am., in the Com­ BFCT-3170; Greater Boston TV Co., Inc., «o. 14730, File Nos. 2397/2398-C1-P-62; mission’s Offices, Washington, D.C. Boston, Massachusetts, Docket No. 15207, 5182 NOTICES

Pile No. BPCT-3171; for construction By order of the Federal Maritime eral Maritime Commission, Washington, permits for new VHF television broad­ Commission. D.C., 20573, or may inspect a copy at cast stations. T homas L is i, the offices of the District Managers of the It is ordered, This 6th -day of April Secretary. Commission in New York, N.Y., New 1964, that the unopposed motion for con­ [FJEt. Doc. 64-3687; Filed. Apr. 14, 19é4; Orleans, La., and San Francisco, Calif., tinuance, filed by counsel for Boston 8:46 a.m.] and may submit to the Secretary, Federal Broadcasters, Inc. on April 3, 1964, is Maritime Commission, Washington, D.C., granted; that the hearing session of 20573, within 20 days after publication April 13, 1964, at 2 p.m. is changed to a LYKES BROS. STEAMSHIP CO., INC, of this noticfe in the Federal R egister, further prehearing conference; and that AND ATID CARGO LINES, LTD. written statements with reference to the the hearing proper will begin as now agreement and their position as to ap­ scheduled on April 20,1964, at 10 a.m. Notice of Filing of Agreement proval, disapproval, or modification, to­ gether with a request for hearing, should Released: April 7,1964. Notice is hereby given that the follow­ such hearing be desired. ing described agreement has been filed F ederal Communications with the Commission for approval pur­ Dated: April 10,1964. Commission, suant to section 15 of the Shipping Act, By order of the Federal Maritime [ seal] B en F. W aple, 1916 (39 Slat. 733; 75 Stat. 763; 46 Commission. Secretary. UB.C. 814): Agreement 9340 between Lykes Bros. T homas Lisi, [F.R. Doc. 64-3708; Filed, Apr. 14, 1964; Secretary. 8:48 a.m.] Steamship Co., Inc., and Atid Cargo Lines, Ltd., covers an arrangement for [F.R. Doc. 64-3681; Filed, Apr. 14, 1964; the fixing of rates on cargo which Lykes 8:46 a.m.] originates at U.S. Gulf and South At­ FEDERAL MARITIME COMMISSION lantic ports, transhipped to vessels of SOUTH AND EAST AFRICA RATE Atid Cargo Lines at Italian ports, and AGREEMENT CITY OF PHILADELPHIA ET AL. transported by the latter carrier to Haifa and/or Tel Aviv, Israel, under rates and Notice of Filing of Agreement Notice of Agreements Filed for conditions set forth in the agreement. Approval Notice is hereby given that the follow­ Interested parties may inspect this ing described agreement has been filed agreement and obtain copies thereof at with the Commission pursuant to sec­ Notice is hereby given that the follow­ the Bureau of Foreign Regulation, Fed­ tion 15 of the Shipping Act, 1916 (39 ing described agreements between the eral Maritime Commission, Washington, Stat. 733 ; 75 Stat. 763; 46 U.S.C. 814): City of Philadelphia (City) and various D.C., or may inspect a copy at the offices Agreement No 8054-1, between the lessees have been filed with the Com­ of the District Managers of the Commis­ parties to a memorandum agreement on mission for approval pursuant to section sion in New York, N.Y., New Orleans, rates in idle trade between UJS. Atlantic 15 of the Shipping Act, 1916 (39 Stat. 733, La., and San Francisco, Calif., and may and Gulf ports and various ports in 75 Stat. 763; 46 Ü.S.C. 814): submit to the Secretary, Federal Mari­ Southwest, South and East Africa includ­ Agreement No. T-100 with Atlantic and time Commission, Washington, D.C., ing islands adjacent thereto and en Gulf Stevedoring Company; Agreement 20573, within 20 days after publication route, modifies the basic agremeent of No. T—101 with The Baltimore and Ohio of this notice in the Federal R egister, the parties, No. 8054, to provide for a Railroad Company and The Schuylkill written statements with reference to the River East Side Railroad Company; agreement and their position as to ap­ system of self-policing pursuant to Gen­ Agreement No. T-102 with Independ­ proval, disapproval, or modification to­ eral Order 7. ent Pier Company; Agreement No. T-103 gether with a request for hearing, should Interested parties may inspect this with Jarka Corporation of Philadelphia such hearing be desired. agreement and obtain copies thereof at (Pier 9 ); Agreement No. T-104 with the Bureau of Foreign Regulation, fed­ Jarka Corporation of Philadelphia (Pier Dated: April 10,1964. eral Maritime Commission, Washington, 30); Agreement No. T-106 with Lavino By order of the Federal Maritime D.C., 20573, or may inspect a copy at the Shipping Company; Agreement No. T - Commission. offices of the District Managers of the 108 with Luckenbach Steamship Com­ T homas L isi, Commission in New York, N.Y., New Or­ pany; Agreement No. T-113 with Stock- —Secretary. leans, La., and San Francisco, Calif., ard Shipping and Terminal Company; and may submit to the Secretary, Fed­ [F.R. Doc. 64-3680; Filed, Apr. 14, 1964; eral Maritime Commission, Washington, and Agreement No. T-114 with United 8:46 am .] States Lines Company, provide for the D.C., 20573, within 20 days after publi­ lease of certain terminal property in cation of this notice in the Federal Reg­ ister, written statements with reference Philadelphia. Maximum rates for WILHELMSEN LINE JOINT SERVICE wharfage, dockage, and for use of the to the agreement and their position as pier other than storage may be fixed by AND SWEDISH AMERICAN LINE to approval, disapproval, or modification, City. Notice of Filing of Agreement together with a request for hearing, Interested parties may inspect the should such hearing be desired. Notice is hereby given that the follow­ agreements and obtain copies thereof at Dated: April 10,1964. the Bureau of Domestic Regulation, Fed­ ing described agreement has been filed By order of the Federal Maritime eral Maritime Commission, Washing­ with the Commission for approval pur­ Commission. ton, D.C., 20573, or may inspect a copy suant to section 15 of the Shipping Act, 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. T homas Lisi, at the offices of the District Managers of Secretary. the Commission in New York, N.Y„ New 814): Orleans, La., and San Francisco, Calif., Agreement 9338 between Wilhelmsen [F.R.*Doc. 64-3682; Filed, Apr. 14, 1964; and may submit to the Secretary; Fed­ Line, a joint service operating under ap­ 8:46 a.m.] eral Maritime Commission, Washington, proved Agreement 7589, and Aktiebolaget D.C., 20573, within 20 days after publica­ Svenska Amerika Linien (Swedish Amer­ ALASKA STEAMSHIP CO. ET AL. ican Line) establishes a rate agreement tion of this notice in the F ederal R eg­ in the trade from U.S. Gulf ports to ister, written statements With reference Agreement for Which Approval Is Continental European ports, Hamburg/ to the agreements and their position as Requested; Corrected Notice Bayonne range inclusive, as set forth in to approval, diapproval, or modification, the agreement. The F.R. Doc. 64-3573 appearing in together with a request for hearing, Interested parties may inspect this the F ederal R egister issue of April 9, should a hearing be desired. agreement and obtain copies thereof at 1964 (29 F.R. 4978), is hereby a m e n d e d in Dated: April 10,1964. the Bureau of Foreign Regulation, Fed­ the following respect: Wednesday, April 15, 1964 FEDERAL REGISTER 5183

Notice is hereby given that time for Docket Nos. RI60-54 and RI63-85 are increasing gas requirements of its cus­ filing communications with the Federal hereby severed from the proceedings in tomers by the most economical and Maritime Commission, Washington 25, Docket Nos. AR64-2, et al., and together feasible method. D.C., of interested parties’ position with with the proceedings in Docket Nos. G - The estimated total cost of the pro­ respect to Agreement DC-12 is hereby 18689, G-20085, G-20431, RI63-28, RI63- posed project is shown to be $19,090,818. extended from April 15,1964, to April 30, 256, RI63-257, RI63-300, and RI64-276, This amount includes $8,528,070 acquisi­ 1964. are hereby consolidated with the proceed­ tion costs. The proposed abandonment Agreement DC-12 between Alaska ing in Docket No. G-18354. will result in a total estimated net debit Steamship Company, Puget Sound- By the Commission. to retirement of $683,583. Financing for Alaska Van Lines, Alaska Freight Lines, the proposed project will be secured Inc., Alaska Division of Consolidated [ s e a l ] J o s e ph H. G tjtride, through the parent company, The Co­ Freightways and Weaver Brothers, Inc. Secretary. lumbia Gas System, Inc. would provide for the emergency period PPM*. Doc. 64-3671; Piled. Apr. 14, 1964; Thjs matter is one that should be dis­ resuiting from the earthquake and tidal 8:46 a.m.] posed of as promptly as possible under wave of March 27,1964, that such parties the applicable rules and regulations and would coordinate sailings and sailing to that end; [Docket No. CP64-117] schedules; coordinate the handling of Take further notice that preliminary priority cargoes; apportion traffic among ATLANTIC SEABOARD CORP. staff analysis has indicated that there the carriers; and regulate the volume are no problems which would warrant a and character of traffic to be carried. Notice of Application recommendation that the Commission designate this application for formal Dated: April 14, 1964. A p r il 9,1964. hearing before an examiner and that, By order of the Federal Maritime Take notice that on November 26,1963, pursuant to the authority contained in Commission. as supplemented on February 3 and and subject to the jurisdiction conferred T h o m a s L i s i , March 31, 1964, Atlantic Seaboard Cor­ upon the Federal Power Commission by Secretary. poration (Applicant), 1700 MacCorkle sections 7 and 15 of the Natural Gas Act, Avenue SE., Charleston, West Virginia, [PH. Doc. 64:-3772; Filed, Apr. 14, 1964; and the Commission’s rules of practice 11:37 a.m.] filed an application pursuant to section 7 and procedure, à hearing may be held of the Natural Gas Act for a certificate of without further notice before the Com­ public convenience and necessity author­ mission on this application provided no izing the construction, acquisition and protest or petition to intervene is filed FEDERAL POWER COMMISSION operation of certain facilities and the ac­ within the time required herein. Where tivation and operation of a proposed [Docket No. AR01-2 etc.] a protest or petition for leave to inter­ storage field (Storage Field X-77) in vene is timely filed, or where the Com­ AREA RATE PROCEEDING ET AL. Randolph and Pocahontas Counties, mission on its own motion believes that West Virginia, and, further, for authority Order Severing and Consolidating a formal hearing is required, further to abandon certain facilities, all as more notice of such hearing will be duly given. Proceedings fully set forth in the application, as sup­ Under the procedure herein provided plemented, on file with the Commission A p r il 8, 1964. for, unless otherwise advised, it will be and open to public inspection. Area Rate Proceeding, et al., Docket unnecessary for Applicant to appear or The proposed Storage Field X-7,7 con­ be represented at the hearing. No. AR61-2, et al.; Area Rate Proceeding, tains an approximate area of 57,200 et al., Docket No. AR64—2, et al.; Union Protests or petitions to intervene may acres, and Applicant proposes to acquire be filed with the Federal Power Commis­ Producing Company (Operator) et al., it, by purchase, together with field fa­ Docket No. G-18354, et al. sion, Washington, D.C., 20426, in accord­ cilities and remaining gas reserves, from ance with the rules of practice and pro­ By Opinion No. 414-A; Issued on March Hope Natural Gas Company, Columbian 6, 1964, we held that the rates for all cedure (18 CFR 1.8 or 1.10) on or before Carbon Company and Columbian Carbon April 29,1964. sales of natural gas by Union Produc­ Company, Operator. ing Company (Union) to its pipeline af­ J o se ph H. G tjtride, Further, Applicant proposes herein (1) Secretary. filiate, United Gas Pipe Line Company to construct and operate approximately (United) would be in issue in the sec­ [P.R. Doc. 64-3672; Piled, Apr. 14, 1964; 2.5 miles of 24-inch pipeline, (2) to con­ 8:46 a.m.] tion 5(a) proceeding in Docket No. G - vert a 1,000 horsepower compressor unit 18354 which by Opinion No. 414 we re­ proposed to be acquired herein for the manded for further hearing on limited initial storage operation; (3) to construct [Docket Nos. G-20429, G-20430] hsues. We also hold that Union’s rates and operate a 3,960 horsepower com­ for sales to nonaffiliated pipeline pur­ pressor station, consisting of three 1,320 DELHI-TAYLOR OIL CORP. AND chasers would be determined in the ap­ horsepower gas engine driven compressor MAYFAIR MINERALS, INC. propriate area rate proceedings. units; (4) to recondition 22 existing wells Order Accepting Offer of Settlement There are presently consolidated with for utilization in storage operations, and the proceedings in Docket Nos. AR61-2 (5) to drill 25 new wells. Applicant also Requiring Filing of Contract Amend­ and AR64-2 certain Section 4(e) pro­ proposes to abandon by retirement the ments, and Terminating Proceed­ ceedings involving certain sales by Union above-described 1,000 horsepower com­ ings to United. It is appropriate that- these pressor, together with the adjacent meas­ A p r il 8, 1964. proceedings be severed from the area urement facilities, upon completion of On February 25, 1964, Delhi-Taylor Proceedings and c o n so lid ated with construction of the 3,960 horsepower Oil Corporation and Mayfair Minerals, unions section 5(a) proceeding in station herein proposed. Inc. (D & M ) submitted an offer of set­ pocket No. G-18354 together with other The application indicates that the pro­ tlement in these proceedings pursuant to n-?0? 4(e) Proceedings for sales to posed field will have top storage capacity § 1.18(e) of the Commission’s rules of united not now consolidated with either of 12,195,000 Mcf and a maximum daily practice and procedure. The offer in­ proceeding. By the instant severance withdrawal potential of 240,000 Mcf, volves proposed increased rates for sales ana consolidation Union’s rates for sales when fully developed by 1970. of natural gas made to Trunkline Gas w its affiliate, United, will be determined Applicant states that the estimated Company (Trunkline) by D & M. The Ticket No. G-18354 proceeding market requirements of its existing cus­ offer relates to sales made under Supple­ ho/if ra^es f°r sales to nonaffiliates will tomers indicate its load factors for gas ment No. 6 to D & M ’s FPC Gas Rate e determined in the appropriate area purchased from its primary supplier, Schedules No. 1 in Hidalgo County, Texas Proceedings. United Fuel Gas Company, will be im­ (Texas R.R. Com. District No. 4). Each The Commission orders; The proceed- proved with the activation and operation of the proposed increased rates of 14.- ng m Docket No. G-20204 is hereby sev- of proposed Storage Field X-77. Appli­ 55861 cents per Mcf was suspended by ARfl/r°m Proceedings in Docket Nos. cant states further that its proposed stor­ order of the Commission for the statu­ 61-2, et al., and the proceedings in age project is necessary to meet the tory period, and was made effective by No. 74----- 4 5184 NOTICES

D & M on June 1, I960, in the above 1 eliminating the favored-nation and mission jurisdiction, as set forth in Ap­ dockets. price redetermination provisions there­ pendix A below. Under the terms of the offer, D & M from. The contractual amendments The proposed changed rates and propose to eliminate the favored-nation shall be submitted in accordance with charges may be unjust, unreasonable, un­ and price redetermination provisions Part 154 of the Commission’s regulations duly 'discriminatory, or preferential, or from each of the rate schedules and to under the Natural Gas Act. otherwise unlawful. establish a 14.55861 cents1 per Mcf rate (C ) Upon notification by the Secretary The Commission finds. It is in the for the subject sales.— No protests or ob­ of the Commission that D & M have each public interest and consistent with the jections have been filed to the offer. complied with the terms and conditions Natural Gas Act that the Commission The proposed settlement is consistent of the order, the rate and charge of enter upon hearings regarding the law­ with the provisions of the Second Amend­ 14.55861 cents per Mcf at 14.65 psia, fulness of the proposed changes, and that ment to the Commission’s Statement of specified in its offer of settlement shall the supplements herein be suspended and General Policy No. 61-1, issued December be effective as of the date of issuance their use be deferred as ordered below. 20, 1960, 24 PP.C. 1107, as amended by of this order, the above-designated pro­ - The Commission orders : Order No. 264, issued March 27, 1963, ceedings shall be deemed terminated, and (A ) Under the Natural Gas Act, par­ 20 P.P.C. 589, and its acceptance would severed from the consolidated area rate ticularly sections 4 and 15, the regula­ serve the public interest. proceeding (Texas Gulf Coast Area) in tions pertaining thereto (18 CPR, Ch. I), However, we desire to make it clear Docket No. AR64-2 without further order and the Commission’s rules of practice that acceptance of D & M ’s offer of of the Commission. and procedure, public hearings shall be settlement shall not be construed as ap­ (D ) The acceptance by the Commis­ held concerning the lawfulness of the proval of any future rate increases that sion of D & M ’s offer of settlement is with­ proposed changes. may be filed under the subject rate out prejudice to any findings or deter­ (B) Pending " hearings and decisions schedules, and is without prejudice to any minations that may be made in any thereon, the rate supplements herein findings or order of the Commission in proceeding now pending, or hereafter are suspended and their use deferred un­ any future proceedings, including area instituted by or against D & M, including til date shown in the “Date Suspended rate or other similar proceedings, in­ area rate or other similar proceedings. Until” column, and thereafter until made effective as prescribed by the Natural volving D & M ’s rates and rate schedules. By the Commission. The Commission finds. The proposed Gas Act. settlement of each of the above-desig­ [ seal] Joseph H. G utride, (C ) Until otherwise ordered by the nated proceedings, on the basis described Secretary. Commission, neither the suspended sup­ herein, as more fully set forth in the [F.R. Doc. 64-3673; Filed, Apr. 14, 1964; plements, nor the irate schedules sought offer of settlement filed with the Com­ 8 :46 a.m.] to be altered, shall be changed until dis­ mission by D & M on February 25, 1964, position of these proceedings or expira­ is in the public interest and appropriate tion of the suspension period. to carry out the provisions of the Natural [Docket No. RI64-681 etc.] (D ) Notices of intervention or peti­ Gas Act and should be approved and MIDLAND NATIONAL BANK ET AL. tions to intervene may be filed with the made effective as hereinafter ordered. Federal Power Commission, Washing­ The Commission orders: Order Providing for Hearings on and ton, D.C., 20426, in accordance with the (A ) The offer of settlement filed with Suspension of Proposed Changes in rules of practice and procedure (18 CFR the Commission by D & M February 25, Rates 2 1.8 and 1.37(f)) on or before May 27, 1964, is hereby approved in accordance A pril 9,1964. 1964. with the provisions of this order. (B ) D & M shall file, within 30 days The Respondents named herein have By the Commission. from the date of issuance of this order, filed proposed increased rates and charges of currently effective rate sched­ [ seal] Joseph H. G utride, executed contractual amendments to Secretary. each of its FPC Gas Rate Schedules No. ules for sales of natural gas under Com-

Effective Cents per Mcf Rate in. effect sub­ Amount Date. date Date sus­ Rate Sup­ pended ject to sched­ ple­ Purchaser and producing area of annual filing unless refund in Docket Respondent increase tendered sus­ until— Rate in Proposed NO. ule ment pended ' effect increased docket - No. No. rate Nos.

El Faso Natural Gas Co. (Sprayberry $868 3-18-64 34-18-64 9-18-64 10.0 * * 17.2295 RI64-681... The Midland Nation­ al Bank, Trustee, Driver Unit, Reagan County, Tex.) Midland, Tex. (R.R. District No. 7-c) (Permian Basin Area). , ■. 11,915 3-19-64 ¡¡4-19-64 9-19-64 15.0 *•16.0 R164-682__ Belco Petroleum Mountain Fuel Supply Co. (Birch ■ Corp. (Operator), Creek Area, Sublette County, 630 Third Avenue, Wyo.). New York, 17, N.Y. Mountain Fuel Supply Co. (Dry 19,130 3-19-64 * 4-19-64 9-19-64 15.0 «•16.0 ----- ..... RI64-683. ___ do------Piney Area Unit, Sublette County, Wyo.). RI63-408 94 3-17-64 » 5-10-64 10-10-64 •17.6 «« »17.6 RI64-684. Edwin L. Cox, 2100 22 Natural Gas Pipeline Co. of America Adolphus Tower, (Texas County, Okla.) (Oklahoma Panhandle Area). r RI63-408 DaUas, Tex., 75202. 237 3-17-64 »5-10-64 10-10-64 «17.4 ««•17.6 — --do...... — 21 Natural Gas Pipeline Co. of America (Texas County, Okla.) (Oklahoma Panhandle Area). RI63-408 3-18-64 »5-10-64 10-10-64 •17.4 ««»17.6 10 Natural Gas Pipeline Co. of America 168 .do. (Texas County, Okla.) (Oklahoma Panhandle Area). 286 3-13-64 •4-13-64 9-13-64 *11.0 4 • 112.0 RI64-685... Davidor & Davidor, 1 Cities Service Gas Co. (N. White Inc., 4515 North Rock Area, Noble County, Okla.) Santa Fe, Oklahoma (Oklahoma “Other” Area). City, Okla. 2,061 3-23-64 »6-1-64 11- 1-64 15.0 «•16.0 RI64-686... Sunray DX Oil Com­ 184 Panhandle Eastern Pipe Line Co. pany P., O. Box (8. Hopewell Field, Pratt County, 2039, Tulsa 2, Okla. Kans.). , «515.6 Texas Eastern Transmission Corp. 10,028 8-16-64 » 6- 1-64 10- 1-64 14.6 RI64-687—. American Petroflna 33 Company of Texas, (Mercedes Field, Hidalgo County, P.O. Box2159, Dal­ Tex.) (R.R. District No. 4). las 21, Tex.

* Pressure base is 16.025 psia. . ■ . .. * The stated effective date is the first day after expiration of the required statutory i The stated effective date Is the effective date requested by Respondent. notice. » Subject to a downward Btu adjustment. * Renegotiated rate increase. • Favored-nation rate Increase. * Pressure base is'14.65 psia. « Periodic rate increase.

1 Rate is inclusive of tax reimbursement and 0.25 cent hydration allowance paid by buyer, a Does not consolidate for hearing or dispose of the several matters herein. Wednesday, April 15, 1964 FEDERAL REGISTER 5185 / The Midland National Bank, Trustee, States of cotton textile products in Cate­ The actions taken with respect to the requests an effective date of February 1, gory 9 to a designated level for the Government of Brazil and with respect to 1964, for its proposed renegotiated rate twelve-month period beginning October imports of cotton textile products from Belco Petroleum Corporation Brazil have been determined by the Pres­ increase, 28,1963, and ending October 27,1964. ident’s Cabinet Textile Advisory Committee (Operator) and Belco Petroleum Cor­ There is published below a letter of to Involve foreign affairs functions of the poration request an effective date of April 1,1964, from the Chairman, Presi­ United States. Therefore, the directions to March 1,1964, for their proposed periodic dent’s Cabinet Textile Advisory Commit­ the Commissioner of Customs, being neces­ rate increases. Good cause has not been tee, to the Commissioner of Customs, sary to thé implementation of such actions, shown for waiving the 30-day notice re­ prohibiting, effective April 14, 1964, for fall within the foreign affairs exception to quirement provided in section 4(d) of the period ending October 27, 1964, the the notice provisions of Section 4 of the Ad­ the Natural Gas Act to permit an earlier ministrative Procedure Act. This letter will entry or withdrawal from warehouse for be published in the F ederal R egister. effective date for the aforementioned consumption in the United States of Sincerely yours, producers’ rate filings and such requests cotton textile products in Category 9, are denied. L u t h e r H. H odges, produced or manufactured in Brazil, Secretary of Commerce, and Chair­ All of the proposed increased rates and which were exported to the United States man, President’s Cabinet Textile charges exceed the applicable area price from Brazil on or after October 28,1963. Advisory Committee. level for increased rates as set forth in the Commission’s Statement Of General Ja m es S. L o v e , Jr., [F.R. Doc. 64-3716; Filed, Apr. 14, 1964; Policy No. 61-1, as amended (18 CFR, Chairman, Interagency Textile 8:49 a.m.] Ch. I, Part 2, § 2.56). Administrative Committee, and Deputy to the Secretary [F.R. DOC. 64-3675; Piled, Apr. 14, 1964; of Commerce for Textile Pro­ 8:46 a.m.] INTERSTATE COMMERCE grams. T h e Secretary o f Com m erce COMMISSION [Docket No. G-19191 etc.] pr e sid e n t’s c a b in e t t e x til e ad viso ry [Notice 300] HUMBLE OIL & REFINING CO. ET AL. COMMITTEE MOTOR CARRIER ALTERNATE ROUTE Notice of Extension of Time Washington 25, D.C. DEVIATION NOTICES April 1,1964. M arch 3,1964. Commissioner o f Cu st o m s, A pril 10,1964. D e pa r tm e n t o f t h e T rea su ry, Humble Oil & Refining Company (Op­ Washington, D.C. The following letter-notices of pro­ erator) et al., Docket No. G-19191; Chi­ posals to operate over deviation routes cago Mill and Lumber Company, et al., Dear M r . Commissioner : The United States for operating convenience only have been Docket No. G-19192; Sunray D X Oil Government on October 25, 1963, in further­ ance of the objectives of, and under the terms filed with the Interstate Commerce Com­ Company, Docket No. CI60-85; Wheless of, the Long Term Arrangement Regarding mission, under the Commission’s Devia­ Drilling Company (Operator), et al., International Trade done at Geneva on tion Rules Revised, 1957 (49 CFR 211.1 Docket No. CI61-587. February 9, 1962, requested the Government (c)(8)) and notice thereof to all inter­ Upon consideration of the motion filed of Brazil to restrain the export of cotton ested persons is hereby given as provided on February 18, 1964 by Humble Oil & textile products in Category 9 to the United in such rules (49 CFR 211.1(d) (4) ). Refining Company for an extension of States during the twelve-month period be­ Protests against the use of any pro­ time within which to file prepared evi­ ginning October 28, 1963. The Long Term posed deviation route herein described Arrangement is an agreement contemplated dence and for postponement of the hear­ by Section 204 of the Agricultural Act of may be filed with the Interstate Com­ ing in the above-designated matters; 1956, as amended. merce Commission in the manner and Notice is hereby given that: the time Under the terms of the Long Term Ar­ form provided in such rules (49 CFR is extended to and including April 8, rangement, Including Article 6 relating to 211.1(e) ) at any time but will not oper­ 1964 within which applicants shall serve non-participants, and in accordance with the ate to stay commencement of the pro­ their written cases in chief upon in­ procedures outlined in Executive Order 11052 posed operations unless filed within 30 terveners, if any, and staff; the time is of September 28, 1962, you are directed to days from the date of publication. extended to and including April 22, 1964 prohibit, effective April 14, 1964, and for the period extending through October 27, 1964, Successively filed lètter-notices of the for sendee of answering cases prepared entry into the United States for consump­ same carrier under the Commission’s in writing by staff and intervenors, if tion and withdrawal from warehouse for Deviation Rules Revised, 1957, will be any; the hearing presently scheduled for consumption of cotton textile products in numbered consecutively for convenience March 30, 1964 is postponed to April 29, Category 9, produced or manufactured in in identification and protests if any 1964. Brazil, in excess of the adjusted level of re­ should refer to such letter-notices by straint provided: J o s e p h H. G tttride, number. Secretary. No. MC 3470 (Deviation No. 1), THE Adjusted FLEET TRANSPORT COMPANY, 1301 [F.R. Doc. 64-3674; Piled, Apr. 14, 1964; Category 12-month level of restraint level of 8:46 a.m.] restraint Towson Street, Baltimore, Md., 21230, filed March 30, 1964. Carrier proposes 9 600,000 square yards______0 to operate as a common carrier, by mo­ tor vehicle, of general commodities, with INTERAGENCY TEXTILE The adjusted level of restraint has been cor­ certain exceptions, over a deviation rected to reflect entries made during the route as follows: (1) From Baltimore, ADMINISTRATIVE COMMITTEE period October 28, 1963, through February Md., over the Baltimore-Washington 29,1964. Parkway to junction Maryland Highway COTTON TEXTILE PRODUCTS PRO­ In carrying out this directive, you shall 175, thence over Maryland Highway 175 DUCED OR MANUFACTURED IN allow entry into the United States for con­ to Waterloo, Md., and return over the BRAZIL )■ sumption and withdrawal from warehouse for consumption of cotton textile products in same route, for operating convenience Category 9, produced or manufactured in only, and (2) from Baltimore over Inter­ Limitation on Entry or Withdrawal Brazil, when the cotton textile products state Highway 695 to junction Maryland From Warehouse sought to be entered have been exported to Highway 3, thence over Maryland High­ the United States from Brazil prior to Oc­ way 3 to junction U.S. Highway 50, A p r il 10, 196< tober 28, 1963, even though the restraint thence over UJS. Highway 50 to W ash­ On October 25,1963, theTJnited Sti level has been filled. ington, D.C., and return over the same Government, in furtherance of the A detailed description of the listed category route, for operating convenience only. w Vm of’ and under the terms of, in terms of T.S.UJSA.. numbers was published in the F ederal R egister on October 1, 1963 The notice indicates that the carrier is w L . rm Arrangement Regarding (28F.R. 10551). presently authorized to transport the der t10^ Trade in Cotton Text In carrying out the above directions, entry same commodities over a pertinent serv­ on February 9, li into the United States for consumption shall ice route as follows: From Baltimore 2 S ? ? u th,e Government "of Brazil be construed to include entry for consump­ over U.S. Highway 1 to Alexandria, and am the level of exports to the Uni tion into the Commonwealth of Puerto Rico. return over the same route. 5186 NOTICES

No. MC 38170 (Deviation No. 1), Avenue, Indianapolis 7, Ind., filed April 1.247 of the Commission’s rules of prac­ WHITE STAR TRUCKING, INC., 1750 1, 1964. Carrier proposes to operate as tice, published in the F ederal R egister, Southfield, Lincoln Park, Mich., 48146, a common carrier, by motor vehicle, of issue of December 3, 1963, which became filed April 1,1964. Attorney: Wilhelmina general commodities, with certain ex­ effective January 1, 1964. Boersma, 2850 Penobscot Building, De­ ceptions, over a deviation route as fol­ Section B. The following publications troit, Mich., 48226. Carrier proposes to lows: From Cairo, 111., over U.S. Highway are governed by the Interstate Commerce operate as a common carrier, by motor 51 to Memphis, Tenn., and return over Commission’s general rules of practice vehicle, of generals commodities, with the same route, for operating conven­ including special rules (49 CFR 1.241) certain exceptions, over deviation routes ience only. The notice indicates that governing notice of filing of applications as follows: (A ) Prom Toledo, Ohio* over the carrier is presently authorized to by motor carriers of property or passen­ Ohio Highway 120 to junction U.S. transport the same commodities over a gers or brokers under sections 206, 209, Highway 23, thence over U.S. Highway pertinent service route as follows: From and 211 of the Interstate Commerce Act and certain other proceedings with re­ 23 to Flint, Mich.; (B ) from Toledo, over Mound City, 111., over U.S. Highway 51 Ohio Highway 120 to its junction with via Cairo, 111., to junction U.S. Highway spect thereto. All hearings and prehearing confer­ U.S. Highway 23, thence over U.S. High­ 60, thence over U.S. Highway 60 to Sikes- ences will be palled at 9:30 a.m., United way 23 to junction Interstate Highway ton, Mo., thence over U.S. Highway 61 States standard time (or 9:30 a.m., local 96, thence over Interstate Highway 96 to to Memphis, Tenn., and return over the daylight saving time, if that time is ob­ junction Michigan Highway 218, thence same route. served), unless otherwise specified. over Michigan Highway 218 to Wixom, MOTOR CARRIERS OP PASSENGERS Mich.; (C) from Toledo, over Ohio A pplications A s sig n e d for O ral Hearing Highway 120 to junction U.S. Highway No. MC 46047 (Deviation No. 2), S e c t io n A 23, thence over U.S. Highway 23 to junc­ READING TRANSPORTATION COM­ tion Interstate Highway 94, thence over PANY, 415 Reading Terminal, Philadel­ m o to r carriers o p proper ty phia, Pa., 19107, filed March 29, 1964. Interstate Highway 94 to junction Tyler No. MC 22254 (Sub-No. 43), filed Road, thence over Tyler Road to Willow Attorney Harold B. Vikoren (same ad­ dress as applicant). Carrier proposes March 31, 1964. Applicant: TRANS- Run, Mich.; (D ) from Toledo over In­ AMERICAN VAN SERVICE, INC., 7540 terstate Highway 75 to junction U.S, to operate as a common carrier, by mo­ tor vehicle of “passengers and their bag­ South Western Avenue, Chicago, 111. Highway 24, thence over U.S. Highway Applicant’s attorney: John C. Bradley, 24 to junction Interstate Highway 94, gage, over a deviation route as follows: From Philadelphia, Pa., over the Schuyl­ Suite 618, Perpetual Building, 1111 E thence over Interstate Highway 94 to Street NW., Washington 4, D.C. Au­ junction Tyler Road, thence over Tyler kill Expressway and the Pennsylvania Turnpike, to junction Pennsylvania thority sought to operate as a common ' Road to Willow Run, Mich.; (E) from carrier, by motor vehicle, over irregular Detroit, Mich., over Interstate Highway Highway 10 at Morgantown, Pa., thence over Pennsylvania Highways 10 and 23 routes, transporting: Household goods, 96 to junction Michigan Highway 218, as defined by the Commission (1) be­ thence over Michigan Highway 218 to to junction Interstate Highway 176, thence over Interstate Highway 176 to tween points in Alaska, and (2) between Wixom, Mich.; (P ) from Detroit, over points in.; Alaska, on the one hand, and, Interstate Highway 96 to junction U.S. Reading, Pa., and return over the same route, for operating convenience only. on the other points in the United States Highway 23, thence over U.S. Highway 23 (except Hawaii). to Flint, Mich.; (G ) from Detroit, over The notice indicates that the carrier is presently authorized to transport pas-' HEARING: May 4,1964, at the Federal Interstate Highway 75 to junction Michi­ Office Building, Seattle, Wash., before gan Highway 54, thence over Michigan sengers over a pertinent service route, as follows: From Philadelphia over U.S. Examiner F. Roy Linn. Highway 54 to Flint, Mich., and return No. MC 22278 (Sub-No. 14), filed April over the same routes, for operating con­ Highway 422 to Reading, and return over the same route. 8, 1964. Applicant: TAK IN BROS. venience only. The notice indicates that FREIGHT, INC., 2125 Commercial the carrier is presently authorized to No. MC 59238 (Deviation No. 3), VIR­ GINIA STAGE LINES, INCORPO­ Street, Waterloo, Iowa. Authority transport the same commodities over sought to operate as a common carrier, pertinent service routes as follows: From RATED, 403 East Water Street, Char­ lottesville, Va., filed April 1, 1964. Car­ by motor vehicle, over irregular routes, Toledo over U.S. Highway 25 to Detroit, transporting: Meat, meat products, thence over U.S. Highway 10 to Flint, rier proposes to operate as a common carrier, by motor vehicle, of passengers meat byproducts, and articles distributed also from Toledo over U.S. Highway 24 by meat packinghouses, as described by to junction U.S. Highway 25, thence over and their baggage, over a deviation route as follows: From Richmond, Va., over the Commission, in appendix I to the U.S. Highway 25 to Detroit, thence over report in Descriptions of Motor Carrier U.S. Highway 10 to Mint, also from To­ Interstate Highway 95 to its interchange with U.S. Highway 1, approximately 3 Certificates, Packinghouse Products, 61 ledo over alternate U.S. Highway 24 miles south of Fredericksburg, Va., M.C.C. 209 and" 766, from Columbus (not Interstate Highway 75) to Detroit, thence over U.S. Highway 1 and Alter­ Junction, Iowa, to points in Illinois, thence over U.S. Highway 10 to Mint, Indiana, Iowa, Minnesota, Nebraska, from Toledo over U.S. Highway 25 to nate U.S. Highway 1 Bypass to Fred­ ericksburg, and return over the same and Wisconsin. „ .Detroit, or over U.S. Highway 25 to junc­ route for operating convenience only. HEARING: May 11,1964, at the offices tion U.S. Highway 24, thence over U.S. The notice indicates that the carrier is of the Interstate Coinmerce Commission, Highway 24 to Detroit, from Toledo over presently authorized to transport passen­ Washington, D.C., before Examiner U.S. Highway 24 or U.S. Highway 25 to gers and their baggage over a pertinent their junction north of M at Rock, Mich., James Anton. service route as follows: From Richmond thence over U.S. Highway 24 to Hand, over Virginia Highway 2 and U.S. High­ S e c t io n B Mich., thence over Michigan Highway way 17 to Fredericksburg, and return 17 to Willow Run, Mich., from Toledo MOTOR CARRIERS OP PROPERTY over the same route. over U.S. Highway 24 to junction Michi­ No. MC 19227 (Sub-No. 79), (COR­ gan Highway 112 (now Interstate High­ By the Commission. RECTIO N) , filed August 26, 1963, pub­ way 94) thence over Michigan Highway [ s e a l ] H arold D. M cCo y , lished in the F ederal R egister issue oi 112 to Willow Run, from Toledo over Secretary. April 1, 1964, and republished as cor­ U.S. Highway 25 to junction U.S. High­ rected this issue. Applicant: LEONAK way 24, thence over U.S. Highway 24 to [P R . Doc. 64-3606; Piled, Apr. 14, 1964; 8:47 a.m.] BROS. TRANSFER, INC., 2595 Nortn- its junction Michigan Highway 112 west 20th Street, Miami, Fia. APP““ thence over Michigan Highway 112 to cant’s attorney: William O. Turnw. Willow Run, from Toledo over alternate [Notice 625] 20001 Massachusetts Avenue NW., Wash­ U.S. Highway 24 to Detroit, Mich., thence MOTOR CARRIER APPLICATIONS AND ington 6, D.C. Authority sought over U.S. Highway 112 (now U.S. High­ operate as a common carrier,by m way 12) to Rawsonville Road, thence CERTAIN OTHER PROCEEDINGS vehicle, over irregular routes, transp over Rawsonville Road to Willow Run, A p r il 10, 1964. ing: Commodities the transportation oj and return over the same routes. Section A ' The following publications which because of size, weight or frag No MC 108298 (Deviation No. 2), EL­ character requires special eguipmen LIS TR U CK ING CO., INC., 1600 Oliver are governed by the new Special Rule Wednesday, A p r il 15, 1964 FEDERAL REGISTER 5187 special handling and of related parts, at­ 30; thence over U.S. Highway 30 to junc­ No. MC 105387 (Sub-No. 26), filed De­ tachments, accessories, materials, and tion U.S. Highway 77; thence over U.S. cember 23,1963. Applicant: R. A. COR­ supplies when their transportation is Highway 77 to Junction U.S. Highway BETT (Grace Lee Corbett, Independent incidental to the transportation of com­ 36; thence over U.S. Highway 36 to Executrix), doing business as R. A. COR­ modities which by reason of size, weight, Junction U.S. Highway 75; thence over BETT TRANSPORT, Post Office Box 86, or fragile character require special U.S. Highway 75 to Topeka, Kans.; Lufkin, Tex. Applicant’s attorney: equipment or special handling, between thence over U.S. Highway 40 to Law­ Ewell H. Muse, Jr., Suite 415, Perry points in California, on the one hand rence, Kans.; thence over U.S. Highway Brooks Building, Austin, Tex., 78701. and, on the other, points in Texas and 59 to Junction Interstate Highway 35; Authority sought to operate as a com­ New Mexico. thence over Interstate Highway 35 to mon carrier, by motor vehicle, over ir­ regular routes, transporting: Petroleum Note: Applicant proposes to combine the Kansas City, Mo.; thence over city streets proposed operations with its present au­ of Kansas City, Mo., the point of and petroleum products, in bulk, in tank thority. This republication is for the beginning. vehicles, (1) from Shreveport and Bossier City, La., to points in Oklahoma, and (2) purpose of cor ectly stating the operations N o t e : Applicant states authority sought proposed, and to indicate that if granted is subject to the following restrictions: (a ) from Shreveport and Bossier City, La., they will be combined with existing No service shall be rendered in the transpor­ and Waskom, Tex., and points within authority. tation of any package or article weighing 5 miles thereof, to Arkadelphia, Conway, HEARING: Remains as assigned May more than 50 pounds or being 110 inches in Danville, and points within 8 miles 26,1964, at the Baker Hotel, Dallas, Tex., length and girth combined, and each pack­ thereof, DeQueen, Driggs, El Dorado, age or article shall be considered as a sep­ Foreman, Fort Smith, Pine Bluff, Pres­ before Examiner Laurence E. Masoner. arate and distinct shipment; (b ) no service This assignment is for applicant’s pres­ shall be rendered between department stores, cott, and Russellville, Ark. entation only. A continued hearing at mail order stores, specialty shops and retail HEARING: June 1,1964, at the W ash- Los Angeles, Calif., is contemplated at stores and the branches or warehouses of ington-Youree Hotel, Shreveport, La., the discretion of the presiding examiner. such stores; or between department stores, before Examiner William A. Royall. No. MC 29566 (Sub-No. 83), filed maU order stores, specialty shops and retaU No. MC 113908 (Sub-No. 132), filed De­ November 18,1963. Applicant: SOUTH­ stores or the branches or warehouses thereof, cember 13, 1963. Applicant: ERICK­ on the one hand, and on the other, the prem­ SON TRANSPORT CORPORATION, WEST FREIGHT LINES, INC., 1400 ises of the customers of such stores; and (c) Kansas Avenue, Kansas City 4, Kans. no service shall be provided in the transpor­ Main Post Office Box 706, 706 West Authority s6ught to operate as a common tation of packages or articles weighing in Tampa, Springfield, Mo. Applicant’s carrier, by motor vehicle, over irregular the aggregate more than 70 pounds from attorney: Turner White, i n , 805 Wood­ routes, transporting: Gypsum products, any one consignor to any one consignee on ruff Building, Springfield, Mo., 65806. building materials, roofing materials, any one day. Common control may be in­ Authority sought to operate as a com­ volved. and insulating materials, and materials mon carrier, by motor vehicle, over ir­ and supplies used in the installation of HEARING: May 25,1964, at the Pick­ regular routes, transporting: Alcoholic such commodities (except liquid com­ wick Motor Inn, McGee and 10th Streets, liquor and grain alcohol, in bulk, in tank modities, in bulk, in tank vehicles), from Kansas City, Mo., before Examiner vehicles,' from Atchison, Kans., to points the plant site of Bestwall Gypsum Co., Theodore M. Tahan. in Oregon. located near Blue Rapids, Kans., to No. MC 52709 (Sub-No. 231), filed No­ HEARING: May 18,1964, at the Pick­ points in Arkansas, and empty contain­ vember 15, 1963. Applicant: R ING SBY wick Motor Inn, McGee and 10th Street, ers or other such incidental facilities TRUCK LINES, INC., 3201 Ringsby Kansas City, Mo., before Examiner Theo­ (not specified) used in transporting the Court, Denver, Colo., 80216. Authority dore M. Tahan. above-described commodities, and re­ sought to operate as a common carrier, No. MC 117094 (Sub-No. 9), filed De­ turned shipments thereof, on return. by motor vehicle, over irregular routes, cember 26, 1963. Applicant: HOFER, transporting: Alcoholic liquors and neu­ •INC., Post Office Box 583, Pittsburg, Note: Common control may be Involved. tral spirits, in bulk, in tank vehicles, Kans. Applicant’s attorney: John E HEARING: May 19, 1964, at the Pick­ from Atchison, Kans., to points in Ore­ Jandera, 641 Harrison Street, Topeka, wick Motor Inn, McGee and 10th Street, gon. Kans. Authority sought to operate as a contract carrier, by motor vehicle,over Kansas City, Mo., before Examiner N o t e : Common control may be involved. Theodore M. Tahan. irregular routes, transporting: Feed and No. MC 31879 (Sub-No. 10), filed Sep­ HEARING: May 18,1964, at the Pick­ feed ingredients, between points in the tember 9, 1963. Applicant: EX H IB­ wick Motor Inn, McGee and 10th Street, Kansas City, Kans.-Mo., commercial ITORS FILM DELIVERY & SERVICE, Kansas City, Mo., before Examiner Theo­ zone, Souix City, Iowa, and Goodman, INC., 120 West 17th Street, Kansas City, dore M. Tahan. Mo., on the one hand, and, on the other, Mo. Applicant’s attorney: Erie W. No. MC 92983 (Sub-No. 428), filed De­ points in Missouri, Kansas, Nebraska, Francis, Veterans of Foreign Wars cember 12, 1963. Applicant: ELDON Iowa, Illinois, Indiana, Minnesota, Wis­ Building, 214 West Sixth Street, Topeka, MILLER, INC., Post Office Drawer 617, consin, North Dakota, South Dakota, Kans. Authority sought to operate as Kansas City, Mo. Authority sought to Oklahoma, Texas, Tennessee, Louisiana, a common carrier, by motor vehicle, over operate as a common carrier, by motor Mississippi, Alabama, Arkansas, Ken­ irregular routes, transporting: General vehicle, over irregular routes, transport­ tucky, West Virginia, and that, part of commodities (except classes A and B ex­ ing: Acids and chemicals, in bulk, from Colorado lying on and east of U.S. High­ plosives, commodities in bulk, those re­ points in Kansas City commercial zone way 87. quiring special equipment, and those in­ to points in Illinois, Indiana, Louisiana, N o t e : Applicant states the above-de­ jurious or contaminating to other lad- and Washington. scribed operations wiU be limited to a trans­ B 2 *rom> to, and between all points HEARING: May 20, 1964, at the Pick­ portation service to be performed under a within the following-described area and wick Motor Inn, McGee and 10th Street, continuing contract, or contracts with R. L. all points located on or within 5 miles Kansas City, Mo., before Examiner Vaughan, doing business as Vaughn Sales Co. from the following highways: From Theodore M. T^han. HEARING: May 22, 1964, at the Pick­ Kansas City, Mo., over U.S. Highway 50 No. M C 92983 (Sub-No. 430), filed De­ wick Motor Inn, McGee and 10th Street, to Lee’s Summit, Mo., thence over by­ cember 16, 1963. Applicant: ELDON Kansas City, Mo., before Examiner Theo­ pass U.S. Highway 71 to Junction Mis­ MILLER, INC., Post Office Box 617, dore M. Tahan. souri Highway 58; thence over Missouri Kansas City, Mo. Authority sought to No. MC 117119 (Sub-No. 125) (RE­ highway 58 to junction U.S. Highway 50; operate as a common carrier, by motor PU B LIC A TIO N ), filed November 12, rnence over U.S. Highway 50 to junction Vehicle, over irregular routes, transport­ 1963, published in F ederal R egister issue U-S. Highway 63; thence over U.S. High­ ing: Acids and chemicals, in bulk, from of January 8,1964, and republished, this way 63 to junction U.S. Highway 36; Des Moines, Iowa, to points in Louisiana, issue. Applicant: WILLIS SHAW FRO­ rnence over U.S. Highway 36 to St. Jo­ Oregon, and Pennsylvania. ZEN EXPRESS, INC., Elm Springs, Ark. seph, Mo.; thence over U.S. Highway 71 HEARING: May 20, 1964, at the Pick­ Applicant’s attorney : John H. Joyce, 26 »? sanction U.S. Highway 6; thence over wick Motor Inn, McGee and 10th Street, North College, Fayetteville, Ark. By nw " ?,ighway 6 Omaha, Nebr.; thence Kansas City, Mo., before Examiner Theo­ application filed November 12, 1963, ap­ over U.S. Highway 73 to U.S. Highway dore M. Tahan. plicant seeks a certificate of -public con- 5188 NOTICES venience and necessity authorizing oper­ lading), from, to, and between points Chemical Co. located in Plainfield and ation, in interstate or foreign commerce, within following-described area, and Piscataway Township, N.J., to points in as a common carrier by motor vehicle, points located on or within five (5) Connecticut, Delaware, Massachusetts, over irregular routes, of frozen foods, miles of the following highways, from New York, Rhode Island, Maryland, and from Belvidere, HI., to New Orleans and St. Joseph, Mo., over U.S. Highway 59 points in Pennsylvania located on and Baton Rouge, La., and points in Arkan­ to Atchison, Kans., thence over U.S. west of a line beginning at the Pennsyl­ sas, Mississippi, and the Memphis, Tenn., Highway 73 to junction Kansas Highway vania-New York State line and extend­ commercial zone, when previously 20, thence over Kansas Highway 20 to ing along U.S. Highway 15 to junction stopped for partial unloading in the junction U.S. Highway 75, thence over U.S. Highway 111, thence over U.S. States of Kentucky, Alabama, and Ten­ U.S. Highway 75 to U.S. Highway 24, Highway 111 to the Pennsylvania- nessee, other than the Memphis, Tenn., thence over U.S Highway 24 to junction Maryland State line, and returned ship­ commercial zone. The application was U.S. Highway 77, tfyence over U.S. High­ ments on return. The application was referred to Francis A. Welch for hearing way 7, to junction U.S. Highway 40, referred to Examiner Armin G. Clement and the recommendation of an appropri­ thence over U.S. Highway 40 to junction for hearing and the recommendation of an appropriate order thereon. Hearing ate order thereon. Hearing was held on U.S. Highway 59, thence over U.S. High­ was held on January 6,1964 at New York, February 12, 1964 at Little Rock, Ark. way 59 to junction U.S. Highway 169, N.Y. At the hearing an amendment was At the hearing it was observed that thence over U.S. Highway 169, to junc­ proposed to change the origin area from authorization of service by applicant tion U.S. Highway 160, thence over U.S. “Plainfield and Dunellen, N.J.” to “the without the “less truckload” limitation is Highway 160 to U.S Highway 75, thence plant site of Nopco Chemical Co. lo­ in excess of the scope of the application over US. Highway 75 to junction U.S. cated in Plainfleld-Piscataway Town­ as filed and as published in the F ederal Highway 166, thence over U.S. Highway 166 to U 5 . Highway 59rthence over U.S. ship, N.J.” Applicant moved also to R eg ister . Such a grant amounts, in amend the application so as to include effect, to the allowance of an amendment Highway 59, to Oklahoma Highway 10, thence over Oklahoma Highway 10 to the eastern half of Pennsylvania, instead broadening the authority sought in the of the western half, in this application. application. A report and order, served junction Oklahoma Highway 10C, thence over Oklahoma Highway 10C to junction A report and order, served April 7, 1964, April 7, 1964, which became effective which became effective April 2, 1964, Missouri-Oklahoma State line, thence March 30, 1964, finds that the present finds that applicant is fit, willing, and south on Missouri-Oklahoma State line and future public convenience and nec­ able properly to perform the service of to junction U.S. Highway 60, thence over essity require operation by applicant as a contract carrier by motor vehicle and U.S. Highway 60, to junction U.S. High­ a common carrier by motor vehicle, in to conform to the provisions of the Inter­ way 71, thence over U.S. Highway 71 to interstate or foreign commerce, over ir­ state Commerce Act and with the lawful Hàrrisonville, thence over Missouri regular routes, Of frozen foods, from requirements, rules, and regulations of Highway 2 to junction Missouri Highway Belvidere, HI., to New Orleans and Baton the Commission thereunder, and that Rouge, La., and points in Arkansas, 131, thence over Missouri Highway 131 to operation, in interstate or foreign com­ Mississippi, Kentucky, Alabama, and junction Missouri Highway 58, thence merce by applicant as a contract carrier Tennessee. The examiner further finds over Missouri Highway 58 to U.S. High­ by motor vehicle, under a continuing that applicant is fit, willing, and able way 50, thence over U.S. Highway 50 to contract with Nopco Chemical Co. of properly to perform such service and to Jefferson City, thence over U.S. Highway Newark, N.J., of urethane foam (except conform to the requirements of the In­ 63 to U.S. Highway 36, thence over U.S. in bulk, in tank vehicles), from the plant terstate Commerce Act and the Commis­ Highway 36, to St. Joseph, Mo., the site of Nopco Chemical Co. located in sion’s rules and regulations thereunder; point of beginning. Plainfield and Piscataway Township, and that an appropriate certificate Note: Applicant states the proposed serv­ N.J., to points in Connecticut, Delaware, should be issued. Issuance of authority ice is restricted to (a ) no service shall be Massachusetts, New York, Rhode Island, herein shall be withheld until the lapse rendered in the transportation of any pack­ Maryland, and points in Pennsylvania of 30 days from the date of such republi­ age or article weighing more than fifty (50) located on and east of a line beginning pounds or exceeding 110 inches in length and F ederal R egister, at the Pennsylvania-New York State line cation in the during girth combined, and each package or article which period any proper party in interest shall be considered as a separate and distinct and extending along U.S. Highway 15 to may file a petition for further hearing. shipment, (b ) no service shall be rendered jmiction U.S. Highway 111, thence over No. MC 117119 (Sub-No. 131), filed De­ between department stores, mail order stores, U.S. Highway 111 to the Pennsylvania- cember 23, 1963. Applicant: W ILLIS specialty shops, and retail stores and the Maryland State line, and returned ship­ SHAW FROZEN EXPRESS, INC., Elm branches or warehouses of such store, or be­ ments on return, will be consistent with Springs, Ark. Applicant’s attorney: tween department stores, mail order stores, the public interest and the national specialty shops, and retail stores or the John H. Joyce, 2fi North College, Fayette­ transportation policy; that an appropri­ branches or warehouses thereof, on the one ate permit should be granted after the ville, Ark. Authority sought to operate hand, and, on the other, the premises of the as a common carrier, by motor vehicle, customers of such stores, and (c) no services lapse of 30 days from the date of republi­ over irregular routes, transporting: shaU be provided in the transportation of cation in the F ederal R egister of a cor­ Frozen foods, from Kansas City, Kans., packages or articles weighing in the-aggre­ rected statement of the authority sought to Montezuma, Ga., Norfolk, Grand Is­ gate more than seventy (70) pounds from herein, provided that no petitions for land, and North Platte, Nebr., Hutchin­ any one consignor to any one consignee on further hearing are received during that son, Kans., Seabrook, N.J., Grand Forks any one day. . period. and Minot, N. Dak. HEARING: May 25,1964, at the Pick­ No. MC 125717 (Sub-No. 1), filed De­ HEARING: May 21, 1964, at the Pick­ wick Motor Inn, McGee and 10th Street, cember 17, 1963. Applicant: NORMAN wick Motor Inn, McGee' and 10th Kansas City, Mo., before Examiner JOSEPH CHOPLIN, doing business as Street, Kansas pity, Mo., before Ex­ Theodore M. Tahan. JOE CHOPLIN, 1301 North Spring, Inde­ aminer Theodore M. Tahan. No. MC 125392 (Sub-No. 2) (REPUB­ pendence, Mo. Applicant’s attorney: Frank W . Taylor, Jr., 1221 Baltimore No. MC 119990 (Sub-No. 1) , filed April LIC A T IO N ), filed August 18, 1963, Avenue, Kansas City 5, Mo. Authority 29,1963. Applicant: MERCHANTS DE­ published F ederal R egister issue of November 20, 1963, and republished this sought to operate as a contract carrier, LIVER Y CO., a corporation, 1212 -East issue. Applicant: FOAM TRUCKERS, by motor vehicle, over irregular routes, 18th Street, Kansas City, Mo. Appli­ INC., 143 Scholes Avenue, Clifton, N.J. transporting: Dairy replacement prod­ cant’s attorney: Lee Reeder, Suite 1010, Applicant's attorney: Morton E. Kiel, 140 ucts, and rejected, outdated, and darn- 1012 Baltimore Avenue, Kansas City 5, Cedar Street, New York 6, N.Y. By aged commodities being returned to the Mo. Authority sought to operate as a application filed August 18, 1963, as shipper, between Kansas City, Mo., on common carrier, by .motor vehicle, over amended, applicant seeks a permit au­ the one hand, and, on the other, points in irregular routes, transporting: General thorizing operation, in interstate or for­ Texas, Oklahoma, and Kansas. commodities (except classes A and B eign commerce as a contract carrier by HEARING: May 19, 1964, at the Pick­ explosives, commodities in bulk, those motor vehicle, over irregular routes, of wick Motor Inn, McGee and 10th Streets, requiring special equipment, and those urethane foam (except iii bulk, in tank Kansas City, Mo., before Examiner Theo­ injurious or contaminating to other vehicles), from the plant site of Nopco dore M. Tahan. Wednesday, April 15, 1961 FEDERAL REGISTER 5189

Applications for Certificates or P er­ points, between Chicago, HI., and Che- O f LOWTHER TRUCKING COMPANY, mits W hich A re T o B e P rocessed Co n­ noa, HU between Chicago, HL, and St. Post Office Box 2115, Charlotte, N.C., and currently W ith Applications U nder Louis, Mo., serving the intermediate for acquisition by F. W . EDW ARDS AND Section 5 G overned by Special R ule points of Joliet and Peoria, HI., and Fort O. M. COOK, SR., both of Birmingham, 1.240 to the Extent A pplicable Madison, Iowa, between Momence, 111., Ala., of control of such rights through the No. MC 115180 (Sub-No. 11), filed and junction U.S. Highway 41 and In­ purchase. Applicants’ attorney and rep­ March 30,1964. Applicant: ONLEY RE­ diana Highway 2, serving no intermedi­ resentative: Donald L. Morris, 937 Bank FRIGERATED TRANSPORTATION, ate points, between Chicago, HI., and for Savings Building, Birmingham, Ala., INC., 408 West 14th Street, New York, junction U.S. Highway 6, and Indiana and J. Wesley Lowther, Post Office Box N.Y. Applicant’s representative: George Highway 2 at Westville, Ind., serving all 2115, Charlotte 1, N.C. Operating rights A. Olsen, 69 Tonnele Avenue, Jersey City Intermediate points, several alternate sought to be transferred: Pipe and pipe 6, N.J. Authority sought to operate as routes for operating convenience only, fittings, cast iron meter boxes, manhole a common carrier, by motor vehicle, over with certain restriction; and empty ve­ frames and manhole covers, except those irregular routes, transporting: Meats, hicles, to be used in conducting opera­ which because of size or weight require neat products, meat byproducts, and ar­ tions otherwise authorized, between the use of special equipment, and except ticles distributed by meat packinghouses, Frankfort, 111., and Joliet, 111. Vendee is pipe and pipe fittings such as are in­ as described in sections A and C, appen­ authorized to operate as a common car­ cluded in the first findings of the Com­ dix I in Descriptions in Motor Carrier rier in Indiana, Ohio, Illinois, Michigan, mission in T. E. Mercer Extension— Oil Certificates, 61 M.C.C. 209 and 766, ex­ and Missouri. Application has been filed Field Commodities, 74 M.C.C. 459,543, as cept commodities in bulk, in tank vehi­ for temporary authority under section a common carrier over irregular routes, cles and not restricted to shipments mov­ 210a(b). from Swan, Tex., to points in Alabama, ing to or from packinghouses, between No. MC-F-8714. Authority sought for Florida, Mississippi, North Carolina, and Allentown, Pa., on the one hand, and, on control and merger by M ID-AM ERICAN South Carolina; and wallboard, from the other, New York, N.Y., Baltimore, TRUCK LINES, INC., 900 North Indiana Diboll, Tex., and points within five (5) Md., Wilmington, Del., and points in New Avenue, Kansas City 20, Mo., of the op­ miles thereof, to points in Alabama, Flor­ Jersey. erating rights and property of WHITE ida (except Jacksonville), Mississippi, North Carolina, and South Carolina. Note: Applicant states the reason for the OWL EXPRESS, INC., 212 Osmun instant application is that it seeks, in an­ Street, Pontiac, Mich., and for acquisi­ Vendee is authorized to operate as a com­ other proceeding before the Commission to tion by LEE SHALHOPE, 1500 West mon carrier in Georgia, Mississippi, Ten­ purchase J. H. Glowatsky Trucking, Inc. J. 33d Street, Chicago, 111., and LeROY nessee, Alabama, Florida, Louisiana, H. Glowatsky Trucking, Inc., now has a WOLFE, also of Kansas City 20, Mo., of Texas, Virginia, Arkansas, North Caro­ restriction in its general commodity, with control of such rights and property lina, South Carolina, Iowa, Kansas, Mis­ usual exceptions, authority reading “in through the transaction. Applicants’ souri, Hlinois, Michigan, Ohio, Wiscon­ truckload lots only.” The instant applica­ sin, Kentucky, and Indiana. Application tion is for the removal of this restriction attorneys: Axelrod, Goodman & Steiner, against the commodities shown above so 39 South La Salle Street, Chicago 3, Til, has been filed for temporary authority that applicant would be able to tack its Operating rights sought to be controlled under section 210a(b). present authority on the commodities speci­ and merged: General commodities, ex­ No. MC-F-8716. Authority sought for fied to that of Glowatsky for through move­ cepting, among others, household goods purchase by THE BESL TRANSFER ments without truckload restriction. This and commodities in bulk, as a common COMPANY, 5550 Este Avenue, Cincin­ application is to be handled concurrently carrier, over regular routes, between nati, Ohio, 45232, of the operating rights with MC—F—8710, published F ederal R egis­ Mottville, Mich., and junction Indiana of P. J. METZ SONS, INC., 1128 Straight ter issue of April 8, 1964. If a hearing is deemed necessary, applicant requests it be Highway 212 and U.S. Highway 20, be­ Street, Cincinnati, Ohio, 45214, and for held at Chicago, 111., and Washington, D.C. tween the junction of U.S. Highway 112 acquisition by R AYM O ND A. BESL, 6211 and unnumbered highways, and the Ford Gray Road, Fairfield, Ohio, CLARA Applications U nder Sections 5 and Willow Run Plant (near Ypsilanti, BESL, 5591 Colerain Avenue, Cincinnati, 21Qa(b) M ich.), serving no intermediate points, Ohio, and ALFRED BESL, 5460 Fox The following applicatipns are gov­ between Detroit^ Mich., and Ypsilanti, Road, Cincinnati, Ohio, of control of such erned by the Interstate Commerce Com­ Mich., serving the intermediate point of rights through the purchase. Appli­ mission’s special rules governing notice the Rord Willow Rim Plant (near Ypsi­ cant^’ attorneys: John L. Muething, 3701 of filing of applications by motor carriers lanti, Mich.), between the Chrysler Cor­ Carew Tower, Cincinnati 2, Ohio, and of property or passengers under sections poration Tank Arsenal (located near Jack B. Josselson, Atlas Bank Building, 5(a) and 210a(b) of the Interstate Com­ Detroit, M ich.), and Detroit, Mich., the Cincinnati 2, Ohie. Operating rights merce Act and certain other proceedings junction of UJS. Highway 10 and Eleven sought to be transferred: General com­ with respect thereto (49 CFR 1.240). Mile Road (located near Berkley r Mich.), modities, excepting, among others, house­ and Femdale, Mich., serving no inter­ hold goods and commodities in bulk, as a MOTOR CARRIERS' OF PROPERTY mediate points, between Niles, Mich., and common carrier over irregular routes, be­ No. MC-F-8713. Authority sought for junction U.S. Highways 12 and 24 near tween points in Ohio within 5 miles of Purchase by SHIPPERS DISPATCH, Detroit, Mich., between Ypsilanti, Mich., Cincinnati, including Cincinnati, be­ iNC., 1216 West Sample Street, South and Ann Arbor, Mich.,' serving no inter­ tween Cincinnati, Ohio, and points in Bend 24, Ind., of a portion of the operat­ mediate points; general commodities, ex­ Ohio, within 5 miles of Cincinnati, on es rights of McNAMARA MOTOR EX­ cept those of unusual value, and except the one hand, and, on the other, points PRESS, INC., 433 East Parsons Street, high explosives, household goods (when in Kentucky within 10 miles of. the inter­ Kalamazoo, Mich., and for acquisition transported as a separate and distinct section of Second and Court Streets,, In Py ALFRED D. HUFFMAN, 1601 Inwood service in connection with so-called Covington, Ky.; heavy machinery and Road, South Bend, Ind., and RO Y L. “household movings”), commodities in commodities requiring special equipment ROELKE, 1741 Wall Street, South Bend, bulk, commodities requiring special or handling, by reason of their size or ind.. of control of such rights through equipment, and those injurious or con­ weight, between points in Hamilton ne purchase. Applicants’ attorneys: taminating to other lading, between Pon­ County, Ohio, on the one hand, and, on Ferdinand Born, 1019C of C Building, tiac, Mich., and Chicago, 111., serving cer­ the other, points in Ohio, those in Dear­ indianapohs, Ind., and Jack Goodman, tain intermediate and off-routes points, born County, Ind., and those in that part s°nth La Salle Street, Chicago 3, 111. MID-AMERICAN TRUCK LINES, INC., of Kentucky within 10 miles of the south­ rights sought to be trans- is authorized to operate as a common ern limits of Cincinnati, Ohio; and com­ rrea. General commodities, excepting, carrier in Missouri, Hlinois, Kansas, and modities, which because of their size or oters, household goods and Nebraska. Application has not been filed weight, require the use of special equip­ *n hulk, as a common car- for temporary authority under section ment, between Cincinnati, and points in ^ regular routes, between South 210a(b). Ohio, Indiana, and Kentucky, within 25 inwJand s t. Louis, Mo., serving all No. MC-F-8715. Authority sought for miles of Cincinnati, on the one hand, and, r S ^ 6? ! te and certain off-route purchase by EAGLE M OTOR LINES, on the other, points in Hlinois, Indiana, Points, between Frankfort, HI., and St. INC., 830 North 33d Street, Birmingham, Kentucky, Michigan, New York, Mis­ > Mo., serving all intermediate Ala., of a portion of the operating rights souri, Pennsylvania, and West Virginia. 5190 NOTICES

Vendee is authorized to operate as a and place designated in the notice of the Plantation Pipeline Company in common carrier in Ohio, Indiana, and filing as here published in each proceed­ Roanoke County, Va., to points in West Kentucky. Application has been filed ing. All of the proceedings are subject Virginia and points in Buchanan and for temporary authority under section to the special rules of procedure for Tazewell Counties, Va. 210a(b). hearing outlined below: HEARING: May 11,1964, at the Offices No. MC-F-8717. Authority sought for Special rules of procedure for hearing. of the Interstate Commerce Commission, control by PUG ET SOUND TRUCK (1) All. of the testimony to be adduced by Washington, D.C., before Examiner Leo LINES, INC.,. Pier 62, Seattle, Wash., applicant’s company witnesses shall be M. Pellerzi. 98101, of PUGET SOUND TRUCKING in the form of written statements which No. MC 115491 (Sub-No. 44), filed CO., Pier 62, Seattle, Wash., 98101, upon shall be submitted at the hearing at the March 20, 1964. Applicant: COMMER­ tiie latter’s institution of operations in time and place indicated. CIAL CARRIER CORPORATION, ¿02 interstate or foreign commerce, as* a (2) All of the written statements by East Bridgers-Avenue, Auburndale, I7a. contract carrier by motor vehicle, for applicant’s company witnesses shall be Applicant’s attorney: W . Craig Massey, which application has been made, as offered in evidence at the hearing in the 223 South Florida Avenue, Drawer J, described below, and for acquisition by same manner as any other type of evi­ Lakeland, Fla. Aüthority sought to op­ PUG ET SOUND FREIGH T LINES, also dence. The witnesses submitting the erate as a common carrier, by motor ve­ of Seattle*, Wash., and, in turn by, C. H. written statements shall be made avail­ hicle, over irregular routes, transporting : CARLANDER, H. E. LOVEJOY, J. able at the hearing for cross-examina­ Meats, meat products, meat by-products, KNOX WOODRUFF, JEAN LOVEJOY, tion. if such becomes necessary. and articles distributed by meat pack­ L. S. CARLANDER, all of Seattle, Wash., (3) The written statements by appli­ inghouses, as described in Sections A and and G. W . FOSS, 705 Dock Street, cant’s company witnesses, if received in C, Appendix I, in Descriptions in Motor Tacoma, Wash., of control of PUG ET evidence, will be accepted as exhibits. Carrier Certficates, 61 M.C.C. 209, and SOUND TR U C K IN G CO., through the To the extent the written statements 766, from the plant site of Armour and acquisition by PUG ET SOUND TR UCK refer to attached documents such as Company located at or near Emporia, LINES, INC. Applicants’ attorney: copies of operating authority, etc., they Karis., to points in Alabama, Florida, Charles J. Keever, 2112 Washington should be referred to in written Georgia, Mississippi, North Carolina, Building, Post Office Box 340, Seattle, statement as numbered appendices South Carolina, and Louisiana. Wash., 98111. Operating rights sought thereto. N ote: Applicant states the proposed serv­ to be controlled: Authority applied for (4) The admissibility of the evidence ice will be restricted to shipments originating in pending application in No. MC-124578 contained in the written statements and at the plant site of Armour and Co., and Sub-3, filed January 24, 1964, for a con­ the appendices thereto, will be at the further restricted against tacking at origin, tract carrier permit to transport pallet­ time of offer, subject to the same rules also against commodities in bulk, in tank vehicles. ized cans, palletized can ends, in cartons, as if the evidence were produced in the pallet pack sleeves, caps, divider sheets, usual manner. HEARING: May 4, 1964, at the Mid­ and pallets, over irregular routes be­ (5) Supplemental testimony by a wit­ land Hotel, Chicago, 111., before Ex­ tween Portland, Oreg., on the one hand, ness to correct errors or to supply in­ aminer William E. Messer. and, Olympia, Tumwater, Lacey, and advertent omissions in his written state­ No. MC 115915 (Sub-No. 22), filed Seattle, Wash., on the other hand. ment is permissible. April 3, 1964. Applicant: FRED E. PUGET SOUND TRUCK LINES, INC., S ection A HAGEN, doing business as HAGEN is authorized to operate as a common MOTOR CARRIERS OF PROPERTY TRUCK LINES, 6120 North 16th Street, carrier in Washington and Oregon. Ap­ Omaha, Nebr. Applicant’s attorney: J. No. MC 21170 (Sub-No. 45), filed April plication has not been filed for tempo­ Max Harding, Box 2028, Lincoln, Nebr. 8, 1964. Applicant: BOS LINES, INC., rary authority under section 210a(b). Authority sought to operate as a contract 408 South 12th Avenue, Marshalltown, carrier, by motor vehicle, over irregular By the Commission. Iowa. Applicant’s attorney: Donald A. routes, transporting: Meats, meat prod­ Morken, 1000 First National Bank Build­ [ seal] H arold D. M cC o y , ucts, meat by-products and articles dis­ Secretary. ing, Minneapolis, Minn., 55402. Au­ tributed by meat packinghouses, as de­ thority sought to operate as a common scribed in Sèçtions A and C, Appendix [PJl. Doc. 64-3697; Filed, Apr. 14, 1964; carrier, by motor vehicle, over irregular 8:47 a.m.] I, in Descriptions in Motor Carrier Cer­ routes, transporting: General commodi­ tificates, 61 M.C.C. 209 and 766, except ties (except those of unusual value, commodities in bulk in tank vehicles, [Notice 626] Classes A and B explosives, livestock, from the plant site of Armour and Com­ household goods as defined by the Com­ pany located at or near Emporia, Kansy MOTOR CARRIER APPLICATIONS AND mission, commodities in bulk, and those CERTAIN OTHER PROCEEDINGS to points in California, Idaho,' Illinois,. requiring special equipment), between Iowa, Minnesota,. Montana, Nebraska, Minneapolis, St. Paul, Soiith St. Paul, A pril 10, 1964. North Dakota, Oregon, South Dakota, Inver Grove, West St. Paul, Newport, Section A. Thè following publications Washington, Wisconsin, and Wyoming. North St. Paul, Columbia Heights, RESTRICTION: Authority sought is are governed by the new § 1.247 of the Robbinsdale, St.; Louis Park, Hopkins, Commission’s rules of practice, published limited to shipments originating at the Edina, Richfield, Red Rock, McCarron’s in the F ederal R egister, issue of Decem­ plant site of Armour and Company and Lake, Fort Snelling, State Fairgrounds, further restricted against tacking at ber 3, 1963, which became effective Bloomington, and Plymouth, Minn, origin. . -, ' ‘r'i ; „ . January 1,1964. HEARING: April 30, 1964, in Room Section B. The following publications HEARING: May 4, 1964, at Midland B-29, Federal Building and U.S. Court are governed by the Interstate Commerce Hotel, Chicago, 111., before Exam iner House, 110 South Fourth St., Minne­ Commission’s general rules of practice William E. Messer. .* apolis; Minn., before Joint Board No.JL45, including special rules (49 CFR 1:241) No. MC 124123 (Sub-No. 18) (COR­ or, if the Joint Board waives its right to governing notice of filing of applications R EC TIO N ), filed March 23, 1964, pub­ participate, before Examiner Harry M. by motor carriers-of property or passen­ lished F ederal R egister, issue of April l, Shooman. gers or brokers under sections 206, 209, 1964, and republished, this issue. Appli­ No. M C 113828 (Sub-No. 61) , filed and 211 of the Interstate Commerce Aet cant: SCHWERMAN TRUCKING CO. April 7, 1964. Applicant: O’BOYLE and certain other proceedings with re­ OF ILL., INC., 611 South 28th Street, TANK LINES, INCORPORATED, 4848 Milwaukee 46, Wis. Applicant’s attor­ spect thereto. Cordell Avenue, Washington 14, D.C. All hearings and prehearing confer­ ney: James R. Ziperski (same address as Applicant’s attorney: William P. Sulli­ ences will be called at 9:30 a.m., U.S. applicant). The purpose of this cor­ van, 1825 Jefferson Place N W „ W ash­ standard time (or 9:30 a.mu local day­ rected notice is to give applicant’s cor­ ington 36, D.C. Authority sought to light saving time,' if that time is ob­ rect name as shown above in lieu 0 operate as a common carrier, by motor served) , unless otherwise specified. SCHW ERM AN TR UCK ING , CO. O* vehicle, over irregular routes, transport­ i t r TTonrs TTcrr* && shown in previous A pplications A ssigned for O ral ing: Petroleum and petroleum products, H earing including naphtha, but (excluding other publication. No. MC 124174 (Sub-No. 25), filed The applications immediately follow­ acids and chemicals, in bulk, in tank ve­ m o m s e n April 6, 1964. Applicant! ing are assigned for hearing at the time hicles, from the outlets or terminals of Wednesday, April 15, 1964 FEDERAL REGISTER 5191

TRUCKING CO., a corporation, Highway cant’s attorney: John C. Bradley, Suite No. MC 103383 (Sub-No. 4), filed Sep­ 71 and 18 North, Spencer, Iowa. Au­ 618, Perpetual Building, 1111 E Street tember 16, 1963. Applicant: SAFETY thority sought to operate as a common NW., Washington 4, D.C. Authority TANK LINES, INC., Post Office Box 344, carrier, Toy motor vehicle, over irregular sought to operate as a common carrier, Danville, Va. Applicant’s attorney: routes, transporting: Meats, meat prod­ by motor vehicle, over irregular routes, John C. Goddin, 10 South 10th Street, ucts, meat by-products, and articles dis­ transporting: Petroleum and petroleum Richmond 19, Va. Authority sought to tributed by meat packinghouses, as de­ products, in bulk, in tank vehicles, from operate as a common carrier, by motor scribed in Sections A and C, Appendix I oil pipeline terminals, storage and other vehicle, over irregular routes, transport­ to the report in Descriptions in Motor facilities, located at or near Newington, ing: Petroleum and petroleum products, Carrier Certificates, 61 M.C.C. 209 and Fairfax County, Va., to points in Vir­ in bulk, in tank trucks, from the Fairfax 766 (except commodities in bulk in tank ginia, West Virginia, Maryland, and the Terminal of the pipeline located at or vehicles) from the plant site of Armour District of Columbia. near Fairfax, Va., to points in West Vir­ & Company, at or near Emporia, Kans., - HEARING: May 11,1964, at the Offices ginia and Tazewell County, Va. to points in Illinois, Indiana, Iowa, Ne­ of the Interstate Commerce Commission, HEARING: May 25, 1964, at the Fed­ braska, Minnesota, and Wisconsin. Washington, D.C., before Examiner Leo eral Building, 400 North Eighth Street, Note: Common control may be involved. M. Pellerzi. Richmond, Va., before Joint Board No. No. MC 126151 (Sub-No. 1), filed April 245, or, if the Joint Board waives its HEARING: May 4, 1964, at Midland 2, 1964. Applicant: STEUART PETRO­ right to participate before Examiner Leo Hotel, Chicago, 111.,, before Examiner LEUM COMPANY, a corporation, 4646 M. Pellerzi. William E. Messer. 40th Street NW., Washington, D.C. Ap­ No. MC 113828 (Sub-No. 35) (AMEND­ No MC 124306 (Sub-No. 3) (AM END­ plicant’s attorney: John C. Bradley, M E N T ), filed June 7, 1963, published in MENT), filed July 21, 1963, published in Suite 618, Perpetual Building, 1111 E F ederal R egister issue June 19, 1963, Federal R egister, issue January 29,1964, Street NW., Washington 4, D.C. Au­ amended March 17,1964, and republished and republished as amended This issue. thority sought to operate as a common as amended this issue. Applicant: Applicant: KENAN TRANSPORT COM­ carrier, by motor vehicle, over irregular O’BOYLE TANK LINES, INCORPO­ PANY, a corporation, Post Office Box routes, transporting: Petroleum and RATED, 4848 Cordell Avenue, Washing­ 2933, West Durham Station, Durham, petroleum products, in bulk, in tank ve­ ton 14, D.C. Applicant’s attorney: Dale N.C. Applicant’s attorney: W . T. Croft, hicles, from oil pipeline terminals, stor­ C. Dillon, 1825 Jefferson Place, NW., Federal Bar Building, 1816 H Street NW., age and other facilities in or near Fair­ Washington 36, D.C. Authority sought Washington 6, D.C. Authority sought to fax City, Va., to points in Virginia, West to operate as a common carrier, by motor operate as a common carrier, by motor Virginia, Maryland, and the District of vehicle, over irregular routes, transport­ vehicle, over irregular routes, transport­ Columbia. ing: Petroleum products, in bulk, in tank ing: Petroleum and petroleum products, HEARING: May 11,1964, at the Offices vehicles, from the terminal of the Co­ including specifically naphtha, in bulk, of the Interstate Commerce Commission, lonial Pipe Line Co. at or near Montvale, in tank vehicles, from (1) Montvale, Va., Washington, D.C., before Examiner Leo Va., to points in West Virgina and points to points in West Virginia, (2) from the M. Pellerzi. in Buchanan and Tazewell Counties, Va., Colonial Pipeline Terminals,) at or near S e c t io n B and returned and rejected shipments, on Selma, N.C., to points in Virginia, and return. (3) from the Colonial Pipeline Termi­ MOTOR CARRIERS OF PROPERTY N o t e : The purpose of this republication is nals, at or near Norfolk, Va., to points No. MC 3114 (Sub-No. 20), filed August to add Buchanan County to the destination in North Carolina, and returned or re­ 25, 1963. Applicant: T. H. COMPTON, territory. jected shipments of the above named INC.r Great Cacapon, W. Va. Appli­ commodities, in ( 1 ), ( 2), and (3), on cant’s attorney: Dale C. Dillon, 1825 Jef­ HEARING: May 25, 1964, at the Fed­ return. ferson Place NW., Washington 36, D.C. eral Building, 400 North Eighth Street, Authority sought to operate as a common Richmond, Va., before Joint Board No. Note: Applicant has a pending contract 245, or, if the Joint Board waives its carrier application in MC 124645, therefore carrier, by motor vehicle, over irregular dual operations, may be involved. The pur­ routes, transporting: Petroleum prod­ right to participate before Examiner Leo pose of this republieation is to change the ucts, in bulk, in tank vehicles, from ter­ M. Pellerzi. territorial descriptions from that previously minals on the Colonial Pipe Line located No. MC 118416 (Sub-No. 2), filed Sep­ published to that specified above. in Fairfax City and Fairfax County, Va., tember 15, 1963. Applicant: GREEN MOTOR LINES, INCORPORATED, 1420 HEARING: May 25, 1964, at the Fed­ to points in Berkeley, Jefferson and Mor­ East Ninth Street Road, Richmond, Va. eral Building, 400 North Eighth Street, gan Counties, W. Va., and Romney, Applicant’s attorney: Jno C. Goddin, In­ Richmond, Va., before Joint Board No. W . Va., and Cumberland, La Vale, surance Building, 10 South 10th Street, 292, or, if the Joint Board waives its Hagerstown, Hancock, Ellicott City, right to participate, before Examiner Leo Frederick, and Westminster, Md. Richmond 19, Va. Authority sought to M. Pellerzi. HEARING: May 25, 1964, at the Fed­ operate as a common carrier, by motor vehicle, over irregular routes, transport­ No. MC 125949, filed January 23, 1964. eral Building, 400 North Eighth Street, ing: Petroleum and petroleum products, Applicant: MOLNER TRANSPORT, Richmond, Va., before Joint Board No. fn bulk, in tank trucks, ( 1 ) from the INC., 504 South Kane Street, Baltimore 63, or, if the Joint Board waives its right Montvale terminal of the pipe line lo­ 24, Md. Applicant’s attorney : Edward to participate, before Examiner Leo M. cated at or near Montvale, Va., to points G. Villalon, Perpetual Building, 1111 E Pellerzi. in West Virginia and Tazewell County, Street NW., Washington 4, D.C. Au­ No. MC 103383 (Sub-No. 3), filed Au­ Va., and (2) from the Fairfax terminal thority sought to operate as a common gust 8,1963. Applicant: SAFETY TANK of the pipeline located at or near Fair­ carrier, by motor vehicle,, over irregular LINES, INC., Post Office Box 344, Dan­ fax, Va., to points in West Virginia and routes, transporting: Petroleum and pe­ ville, Va. Applicant’s attorney: Jno. C. Tazewell County, Va. troleum products, in bulk, in tank ve­ Goddin, Insurance Building, 10 South hicles, from Colonial Pipe Line Terminals Tenth Street, Richmond 19, Va. Au­ N o t e : Applicant is also authorized to oper­ located in Fairfax County, Va., to thority sought to operate as a common ate as a contract carrier in MC 109654; there­ Points in Maryland and the District of carrier, by motor vehicle, over irregular fore, dual operations may be involved. Columbia. routes, transporting: Petroleum and HEARING: May 25, 1964, at the Fed­ HEARING: May 25, 1964, at the Fed­ petroleum products, in bulk, in tank eral Building, 400 North Eighth Street, eral Building, 400 North Eighth Street, trucks, from the Montvale terminal of the Richmond, Va., before Joint Board No. Richmond, Va., before Joint Board No. pipe line located at or near Montvale, 245, or, if the Joint Board waives its right 8, or, if the Joint Board waives its right Va., to points in West Virginia and Taze­ to participate before Examiner Leo M. well County, Va. „ Participate, before Examiner Leo M. Pellerzi. Pellerzi. HEARING: May 25, 1964, at the Fed­ eral Building, 400 North Eighth Street, By the Commission. No. MC 126151, filed April 2, 1964. Richmond, Va., before Joint Board No. [ s e a l ] H arold D . M cC o y , Applicant: STEUART PETROLEUM 245, or, if the Joint Board waives its Secretary. COMPANY, a corporation, 4646 40th right to participate, before Examiner [F.R. Doc. 64-3698; Filed, Apr. 14, 1964; street NW., Washington, D.C. Appli- Leo M. Pellerzi^ 8:47 a.m.] No. 74—— 5 5192 NOTICES

[Notice 627] business, from the plant site of Agar cept hides and commodities in bulk, in Packing Co., at or near Monmouth, 111., tank vehicles), as described in sections MOTOR CARRIER, BROKER, WATER to points in Arkansas, Connecticut, Del­ A and C of appendix I in Descriptions in CARRIER A N D FREIGHT FOR­ aware, Indiana, Iowa, Kansas, Kentucky, Motor Carrier Certificates, 61 M.C.C. 209 WARDER APPLICATIONS Maine, Maryland, Massachusetts, Michi­ and 766, including supplies, equipment gan, Missouri, Nebraska, New Hamp­ and materials used in the conduct of A pril 10, 1964. shire, New Jersey, New York, Ohio, Okla­ such business, from Monmouth, HI., to Important notice. The following ap­ homa, Pennsylvania, Rhode Island, points in Alabama, Florida, Georgia, plications are governed by § 1.2471 of the Texas, Vermont, Virginia, West Virginia, Kentucky, Louisiana, Mississippi, North Commission’s general rules of practice Wisconsin, and the District of Columbia, Carolina, South Carolina, Tennessee, and (49 CFR 1.247), published in the F ederal and returned or rejected shipments, on Virginia. R egister, issue of December 3, 1963, ef­ return. N o t e : If a hearing is deem ed necessary, fective January 1,1964. These rules pro­ N o t e : If a hearing is deemed necessary applicant requests it be held at Chicago, 111. vide, among other things, that a protest applicant requests it be held at Chicago, m. to the granting of an application must be No. MC 25798 (Sub-No. 114), filed filed with the Commission within 30 days No. MC 11207 (Sub-No, 224), filed April 3,1964. Applicant: CLAY HYDER after date of notice of filing of the ap­ March 27, 1964. Applicant: DEATON TR U CK ING LINES, INC., Post Office plication is published in the F ederal TRUCK LINE, INC., 3409 10th Avenue Box 1075, Dade City, Fla. Applicant’s R e g ister . Failure seasonably to file a North, Birmingham, Ala. Applicant’s attorney: Thomas F. Kilroy, 1815 H protest will be construed as a waiver of attorney: A. Alvis Layne, Pennsylvania Street NW., Washington 6, D.C. Au­ opposition and participation in the pro­ Building, Washington, D.C. Authority thority sought to operate as a common ceeding. A protest under these rules sought to operate as a common carrier, carrier, by motor vehicle, over irregular should comply with § 1.40 of the gen­ by motor vehicle, over irregular routes, routes, transporting: Meats, meat prod­ eral rules of practice which requires transporting: Cement asbestos products, ucts, meat byproducts, dairy products that it set forth specifically the grounds and fittings, materials, and accessories and articles distributed by meat pack­ upon which it is made and specify for the installation or transportation inghouses, from the plant site of Swift & with particularity the facts, matters, thereof, from Ragland, Ala., to points in Co., located at or near Grand Island, and things relied upon, but shall not Alabama, Georgia, Florida, Tennessee, Nebr., to points in Tennessee, Kentucky, include issues or allegations phrased North Carolina, South Carolina, Ken­ West Virginia, Maryland, District of Co­ generally. Protests not in reasonable tucky, Virginia, Missouri, Arkansas, Mis­ lumbia, North Carolina, South Carolina, compliance with the requirements of the sissippi, Louisiana, Texas, Oklahoma, and and Virginia. rules may be rejected. The original and Kansas, and only empty containers or N o t e : If a hearing is deemed necessary, six (6) copies of the protest shall be other such incidental facilities (not spec­ applicant requests it be held at Chicago, 111. filed with the Commission, and a copy ified) used in transporting the com­ No. M C 37755 (Sub-No. 4), filed March «hail be served concurrently upon ap­ modities specified above, on return. 31, 1964. Applicant: LLOYD GRAHEM, plicant’s representative, or applicant if N o t e : If a hearing is deemed necessary Ozawkie, Kans. Authority sought to op­ no representative is named. If the pro­ applicant requests it be held at Birmingham, erate as a common carrier, by motor ve­ test includes a request for oral hearing, Ala. hicle, over irregular routes, transport­ such request shall meet the require­ No. MC 20783 (Sub-No. 70), filed ing: Dry fertilizer, from Joplin, Mo., and ments of § 1.247(d) (4) of the special April 3, 1964. Applicant: TOMPKINS points within 10 miles thereof, to Valley rules. Subsequent assignment of these MOTOR LINES, INC., 638 Langley Place, Falls, Kans., and points within 16 miles proceedings for oral hearing, if any, will Decatur, Ga. Applicant’s attorney: be by Commission order which will be of Valley Falls. David Axelrod, 39 South La Salle Street, N ote: I f a hearing is deemed necessary, ap­ served on each party of record. Chicago 3, HI. Authority sought to op­ No. MC 10297 (Sub-No. 17) . filed March plicant requests it be held at Topeka, Kans. erate as a common carrier, by motor 30,1964. Applicant: CAPITOL MOTOR vehicle, over irregular routes, transport­ No. M C 52709 (Sub-No. 240), filed TRANSPORTATION CO., INC., 69 Nor­ ing: Canned fruit and vegetables, and April 2, 1964. Applicant: RINGSBY man Street, Everett, Mass. Applicant’s canned fruit and vegetable juices, from TRUCK LINES, INC., 3201 Ringsby representative: Bert Collins, 140 Cedar points in Florida to points in Hlinois, Il­ Court, Denver, Colo. Authority sought Street, New York 6, N.Y. Authority linois, Indiana, Kentucky, Michigan, to operate as a common carrier, by mo­ sought to operate as a common carrier, Ohio, Tennessee, points in that part of tor vehicle, over irregular routes, trans­ by motor vehicle, over irregular routes, Minnesota on and south of Minnesota porting : Frozen fruits, frozen vegetables, transporting:; Stone, cut and uncut, Highway 28, beginning at the Minesota- frozen berries, frozen juices, frozen fish, rough and finished, from Franklin South Dakota State line, thence east­ and frozen foods, (1) from points in Cali­ County, Ala., to points in Connecticut, ward to the junction of U.S. Highway 52, fornia, Oregon, Washington, and Idaho, Rhode Island, Massachusetts, Vermont, thence over U.S. Highway 52 to the junc­ to Laramie, Wyo., and (2) from Laramie, New Hampshire, and Maine and rejected, tion of Minnesota Highway 95, thence Wyo., to Denver, Colo., Omaha, Nebr., El returned, and damaged shipments on over Minnesota Highway 95 to the Paso and Dallas, Tex., Oklahoma City return. Minnesota - Wisconsin State line, and and Tulsa, Okla., Kansas City and Wich­ N o t e : If a bearing is deemed necessary, points in that part of West Virginia on ita, Kans., Kansas City, Mo., Little applicant requests it be held at Boston, Mass. and west of U.S. Highway 19 beginning Rock, Ark., and the District of Columbia, No. MC 10761 (Sub-No. 152), filed at the West Virginia-Virginia State line N ote: Applicant states shipments in (1) April 2, 1964. Applicant: TRANS- running northward to the West Virginia- will be "for storage in transit and subsequent AMERICAN FREIGHT LINES, INC., Pennsylvania State line. RESTRIC­ outbound movement,” and service in y) 1700 North Waterman Avenue, Detroit 9, TIO N: Service to points in West Virginia will be restricted to traffic having a priof "J Mich. Applicant’s attorney: Howell El­ to be restricted to stop-off in-transit de­ bound movement from the origin territory of California, Oregon, Washington, or Ida • lis, Suite 616-618, 111 Monument Circle, liveries. Common control may be involved. If a bear­ Indianapolis 4, Ind. Authority sought to N o t e : I f a hearing is deemed necessary, ing is deemed necessary applicant requests operate as a common carrier, by motor applicant requests it be held at Tampa, Fla. vehicle, over irregular routes; transport­ No. MC 64932 (Sub-No. 340), filed ing: Meat, meat products, meat by prod- No. MC 20783 (Sub-No. 71), filed ucts, and articles distributed by meat­ April 6, 1964. Applicant: TOMPKINS April 3, 1964. Applicant: ROGEK& CARTAGE CO., a corporation, 1439 west packing houses, as described in appendix MOTOR LINES, INC., 638 Langley 103d Street, Chicago, Hi. Applicants A and C in Description Case, Ex Parte Place, Decatur, Ga. Applicant’s attor­ ney: David Axelrod, 39 South La Salle attorney: David Axelrod, 39 South L» MC 45, also, supplies, equipment, and Street, Chicago 3, HI. Authority sought Salle Street, Chicago 3, HI. Auth°™ f materials used in the conduct of such to operate as a common carrier, by motor sought to operate as a common earn < vehicle, over irregular routes, transport­ by motor vehicle, over irregular rou > i Copies of § 1.247 can be obtained by writ­ transporting: Fertilizers, in bulk, injtana ing to the Secretary, Interstate Commerce ing: Meats, meat products, and articles Commission, Washington, D.C., 20423. distributed by meat packinghouses (ex­ vehicles, from Monmouth, HI., and pom Wednesday, April 15, 1964 FEDERAL REGISTER 5193

within ten ( 10) miles thereof, to points No. MC 99284 (Sub-No. 3), filed March thence easterly and northerly along “B ” in Iowa. 27, 1964. Applicant: S U L L I V A N ’S Street to Center Street; thence northerly Note: If a hearing is deemed necessary, MOTOR DELIVERY, INC., 1019 West along Center Street to Castro Valley applicant requests it be held at Chicago, IU. Canal Street, Box 1405, Milwaukee, Wis., Boulevard; thence westerly along Castro 53201. Authority sought to operate as Valley Boulevard to Redwood Road; No. MC 82841 (Sub-No. 6), filed March a common carrier, by motor vehicle, over thence northerly along Redwood Road to 31, 1964. Applicant: R. D. TRANSFER, irregular routes, transporting: Graphic William Street; thence westerly along INC., 801 Livestock Exchange Building, arts materials, between Milwaukee, William Street and 168th Avenue to Omaha, Nebr. Applicant’s attorney Racine, and Kenosha, Wis., and CJhicago, Foothill Boulevard; northwesterly along Donald L. Stem, 924 City National Bank Foothill Boulevard to the southerly Building* Omaha 2,- Nebr. Authority boundary line of the city of Oakland; sought to operate as a common carrier, N o t e : Applicant is also authorized to con­ duct operations as a contract carrier in thence easterly and northerly along the by motor vehicle, over irregular routes, Oakland boundary line to its intersection transporting: Farm machinery, from Permit MC 116487 and Subs thereunder; therefore dual operations may be involved. with the Alameda-Contra Costa County Rock Island and Moline, Bl., to points If a hearing is deemed necessary, applicant boundary line; thence northwesterly in Wyoming. requests it be held at Milwaukee, Wis. along last said line to its intersection Note: Applicant states it holds authority with Arlington Avenue (Berkeley); No. MC 99734 (Sub-No. 1), filed April to perform this service by tack&g. The thence northwesterly along Arlington 3,1964. Applicant: VINCENT DURKEE, purpose of this application is to eliminate Avenue to a point 1 mile northeasterly doing business as VINCENT L. DURKEE the necessity of operating via gateways in of San Pablo Avenue (U.S. Highway 40); DRAYAGE, 2225 Ingalls, San Francisco, Douglas, Elbert, El Paso, or Lincoln Coun­ thence northwesterly along an imaginary ties, Colo. If a hearing is deemed necessary ^ Calif. Authority sought to operate as a line 1 mile easterly of and paralleling applicant requests it be held at Cheyenne, common carrier, by motor vehicle, over San Pablo Avenue (U.S. Highway 40) to Wyo. irregular routes, transporting: General its intersection with County Road No. 20 commodities (except livestock, automo­ No. MC 85934 (Sub-No. 30), filed April (Contra Costa County); thence westerly biles, trucks, buses, commodities in dump 2, 1964. Applicant: MICHIGAN along County Road No. 20 to Broadway truck equipment, commodities mechani­ TRANSPORTATION COMPANY, a Avenue (also known as Balboa R oad); cally mixed in transit, furniture and used corporation, 3601. Wyoming Avenue, thence northerly along Broadway Avenue household goods, liquid commodities in Dearborn, Mich. Applicant’s attorney: (also known as Balboa Road) to U.S. bulk, gasoline, explosives, and commodi­ Rex Eames, 1800 Buhl Building, Detroit, Highway 40; thence northerly along U.S. ties requiring refrigeration), to, from Mich. Authority sought to operate as a Highway 40 to Rivers Street; thence and between points in the San Francisco- common carrier, by motor vehicle, over thence westerly along Rivers Street to East Bay Cartage Zone, Calif., as set irregular routes, transporting: (1) Build- 11th Street; thence northerly along 11th forth below: San Francisco-East Bay ing materials (not including prefabri­ Street to Johns Avenue; thence westerly Cartage Zone includes that area em­ cated buildings, complete, knocked down, along Johns Avenue to Collins Avenue; braced by the following boundary: Be­ or in sections), (a) from L ’Anse, Mich., thence northerly along Collins Avenue to ginning at the point where the San to points in Wisconsin, Illinois, Minne­ Morton Avenue; thence westerly along Francisco-San Mateo County boundary sota, Iowa, North Dakota, South Dakota, Morton Avenue to the Southern Pacific line meets the Pacific Ocean; thence Nebraska, and Missouri, (b) from Lagro, Co. right-of-way and continuing westerly easterly along said boundary line to Ind., to points'in New York, Ohio, Penn­ along the prolongation of Morton Avenue Lake Merced Boulevard; thence south­ sylvania, Wisconsin, Michigan, Illinois, to the shoreline of San Pablo Bay; erly along said Lake Merced Boule­ Minnesota, Iowa, North Dakota, South thence southerly and westerly along the vard and Lynnewood Drive to South Dakota, Nebraska, and Missouri, and (c) shoreline and waterfront of San Pablo Mayfair Avenue; thence westerly along from Fort Dodge, Iowa, to points in New Bay to Point San Pablo; thence south­ said South Mayfair Avenue to Crest- York, Indiana, Ohio, Pennsylvania, Wis­ erly along an imaginary line from Point wood Drive; thence southerly along consin, Illinois, Minnesota, North Da­ San Pablo to the San Francisco Water­ Crestwood Drive to Southgate Avenue; kota, South Dakota, Nebraska, and Mis­ front at the foot of Market Street; thence westerly along Southgate Ave­ souri, and (2) materials and supplies, thence westerly along said waterfront nue to Maddux Drive; thence southerly used or useful in the manufacture or and shoreline to the Pacific Ocean; and easterly along Maddux Drive to a processing of building materials or in the thence southerly along the shoreline of point' 1 mile west of U.S. Highway 101; maintenance of the plant, from points the Pacific Ocean to the point of begin­ thence southeasterly along an imaginary in the destination states listed in (a) , ning. line 1 mile west of and paralleling U.S. (b) and (c) above, to the origins named N o t e : If a hearing is deemed necessary, therein. Highway 101 (El Camino Real) to its intersection with the southerly boundary applicant requests it be held at San Fran­ cisco, Calif. Note: Common control may be involved. line of the city of San Mateo; thence If a hearing is deemed necessary applicant northeasterly, northwesterly, northerly requests it be held at Lansing, Mich. No. MC 102567 (Sub-No. 94), filed and easterly along said southerly bound­ March 30, 1964. Applicant: EARL No. MC 93393 (Sub-No. 6), filed March ary to Bayshore Highway (U,S. 101 CLARENCE GIBBON, doing business as 1964. Applicant: ED W IN H. NEL­ Bypass); thence leaving said boundary EARL GIBBON PETROLEUM TRANS­ SON AND ALFRED S. NELSON, doing line and continuing easterly along the PORT, 235 Benton Road, Bossier City, TAS^ess M NIGHTWAY TRANSPOR­ projection of last said course to its La. Applicant’s attorney: Jo E. Shaw, TATION CO., a partnership, 4106 South intersection with Belmont (or Angelo) Bettes Building, Houston, Tex. Author­ emerald Avenue, Chicago, 111. Appli­ Creek; thence northeasterly along Bel­ ity sought to operate as a common car­ cant’s attorney: Joseph M. Scanlon, 111 mont (or Angelo) Creek to Seal Creek; rier, by motor vehicle, over irregular west Washington Street, Chicago 2, HI. thence westerly and northerly to a routes, transporting: Potable water, in minority sought to operate as a common point 1 mile south of Toll Bridge Road; bulk, in tank vehicles, from points in ner, by motor vehicle, over irregular thence easterly along an imaginary Arkansas to points in the United States routes, transporting: Meats, meat prod- line 1 mile southerly and paralleling (except Alaska and Ifaw aii). byproducts, and articles dis- Toll Bridge Road and San Mateo Bridge and Mount Eden Road to its intersection N o t e : If a hearing is deemed necessary ap­ tet* meat Packinghouses (other plicant requests it be held at Houston, Tex. than commodities in bulk, in tank ve- with State Sign Route 17; thence con­ flirt as described in sections A, C, tinuing easterly and northeasterly along No. MC 103066 (Sub-No. 19), filed an imaginary line 1 mile south and March 27, 1964. Applicant: STONE Afn*n7 ^ appen

Note: Applicant states the proposed service No. MC 113267 (Sub-No. 130), filed ing: Meats, meat products, and meat by­ In Allegheny County shall be restricted to March 30,1964. Applicant: CENTRAL & products and articles distributed by meat with its existing Sub-68 authority. SOUTHERN TRUCK LINES, INC., 312 packinghouse, as described in sections A If a hearing is deemed necessary, applicant West Morris Street, Caseyville, 111. Ap­ requests it be held at Washington, D.C. and C of Appendix I to the report in plicant’s representative: Frederick H. Descriptions in Motor Carrier Certifi­ No. MC 109533 (Sub-No. 19), filed Figge, 410 O ’Farrell Street, Collinsville, cates, 61 M.C.C. 209, from Muncie, Ind., March 31,1964. Applicant: OVERNITE 111. Authority sought to operate as a to points in Kansas. TRANSPORTATION COMPANY, a cor­ common carrier, by motor vehicle, over poration, 1100 Commerce Road, Post irregular routes, transporting: Meats, N ote : If a hearing is deemed necessary, applicant requests it be held at Indianapolis, Office Box 1216, Richmond, Va. Appli­ meat products, meat byproducts, articles Ind. cant’s attorney: William T. Croft, Fed­ distributed by meat packinghouses and eral Bar Building, 1815 H Street NW., such commodities as are used by meat No. MC 113651 (Sub-No. 70), filed Washington 6, D.C. Authority sought to packers in the conduct of their business March 30, 1964. Applicant: INDIANA operate as a common carrier, by motor when destined to and for use by meat REFRIGERATOR LINES, INC., 2404 vehicle, over regular routes, transport­ packers as described in sections A, C, and North Broadway, Muncie, Ind. Appli­ ing: General commodities (except house­ D, of appendix I in Descriptions in Motor cant’s attorneys: Mario Pieroni, 523 hold goods as defined by the Commission, Carrier Certificates, 61 M.C.C. 209 and Johnson Building, Muncie, Ind., and liquids in bulk, in tank vehicles, danger­ 766, from the plant site and/or ware­ Charles Singer, 33 North La Salle Street, ous explosives, and commodities the house facilities utilized by Agar Packing Suite 3600, Chicago, 111. Authority transportation of which requires the use Co., located at or near Monmouth, 111., sought to operate as a common carrier, of special equipment by reason of size or to points in Alabama, Arkansas, Florida, by motor vehicle, over irregular routes, weight), between Asheville, N.C., arid Georgia, Kentucky, Louisiana, Missis­ transporting: Meat, meat products, and Nashville, Tenn., from Asheville over sippi, North Carolina, South Carolina, meat byproducts, and articles distributed U.S. Highway 70 to junction thereof with Tennessee, and Virginia. by meat packinghouses, as described in U.S. Highway 70S at or near Crossville, N o t e : Applicant states the proposed op­ sections A and G of appendix I to the Tenn., thence over U.S. Highway 70S to erations will be restricted against the trans­ report in Descriptions .in Motor Carrier junction thereof with Tenriessee High­ portation of commodities in bulk in tank ve­ Certificates 61 M.C.C. 209 and 766, and way 26 at or near Sparta, Tenn., thence hicles. If a hearing is deemed necessary, equipment, materials, and supplies used over Tennessee Highway 26 to junction applicant requests it be held at Chicago, 111. in the conduct of such business ^except thereof with U.S. Highway 70N at or No. MC |13267 (Sub-No. 131), filed commodities In bulk, in tank vehicles), near Lebanon, Tenn., thence over'U.S. between the plant site of the Agar Pack­ Highway 70N to Nashvillev and return April 2, 1964. Applicant: CENTRAL & SOUTHERN TRUCK LINES, INC., 312 ing Co. at Monmouth, 111., on the one over the same route, serving Knoxville, hand, and, on the other, points in Penn­ Tenn., as an intermediate point ahd Low­ West Morris Street, Caseyville, 111. Ap­ plicant’s representative: Fred H. Figge sylvania, New York, New Jersey, Dela­ land, Madison, Oak Ridge, and Old ware, Maryland; District of Columbia, Hickory, Tenn., as off-route points. (same address as applicant). Authority sought to operate as a common carrier, Ohio, Virginia, West Virginia, Indiana, Note: If a hearing is deemed necessary, by motor vehicle, over irregular routes, North Carolina, South Carolina, Ala­ applicant requests it be held at Charlotte, N.C. transporting: Canned and preserved food bama, Florida, Georgia, Massachusetts, products, from points in Spaulding and Rhode Island, Tennessee, Kentucky-, No. MC 111812 (Sub-No. 244), filed Pike Counties, Ga., to points in Arkansas, Maine, Connecticut, Vermont, and New April 3, 1964. Applicant: M IDW EST Illinois, Indiana, Iowa, Kansas, Ken­ Hampshire. COAST TRANSPORT, INC., Wilson Ter­ tucky, Louisiana, Michigan, Minnesota, N o t e : I f a hearing is deemed necessary, minal Building, Post Office Box 747, Mississippi, Missouri, Nebraska, North applicant requests It be held at Chicago, 111. Sioux Falls, S. Dak. Applicant’s attor­ Carolina, Ohio, Oklahoma, South Caro­ ney: Donald L. Stern, 924 City National lina, Tennessee, and Wisconsin. No. MC 113843 (Sub-No. 79), filed Bank Building, Omaha 2,. Nebr. Au­ March 30, 1964. Applicant: REFRIG­ thority sought to operate as a common N o t e : Applicant states that the proposed ERATED FOOD EXPRESS, INC., 316 service is to be restricted against the trans­ carrier, by motor vehicle, over irregular portation of commodities in bulk in tank Summer Street, Boston, Mass. Author­ routes, transporting: Meats, meat prod- vehicles. If a hearing is deemed necessary ity sought to operate as a common car­ ucts, meat byproducts and articles dis­ applicant requests that it be held at Atlanta, rier, by motor vehicle, over irregular tributed by meat packinghouses, as de­ Ga. routes, transporting: Canned, prepared, scribed in appendix I to Descriptions in and preserved foodstuffs, from points in No. MC 113651 (Sub-No. 68), filed Motor Carrier Certificates 61 M.C.C. 209 Delaware, and Maryland, and that por­ March 30, 1964. Applicant: INDIANA and 766, from Ottumwa, Iowa, to points tion of Virginia east of the Chesapeake in Kentucky. REFRIGERATOR LINES, INC., 2404 Bay and south of the Chesapeake and North Broadway, Muncie, Ind. Author­ „ a hearing is deemed necessary, Delaware Canal, to points in Colorado, ity sought to operate as a common car­ Illinois, Indiana, Iowa, Kansas, Ken­ quests it be held at Chicago, 111., rier, by motor vehicle, over irregular or Des Moines. Iowa. tucky, Michigan, Minnesota, Missouri, routes, transporting: Meats, meat prod­ Nebraska, Ohio, West Virginia, Wiscon­ A 111812 (Sub-No. 245), ft ucts, meat byproducts, and articles dis­ sin, and poiiits in Pennsylvania on and S lc J ! ’ 1964- APPUcant: M IDWE tributed by meat packinghouses/as de­ west of U.S. Highway 219. t r a n s p o r t ; INC., Post Ofl scribed in sections A and C, appendix I, £ 747v Si°ux Falls, S. Dak., 571 in Descriptions in Motor Carrier Cer­ N o t e : Common control may be Involved. s att°mey: Donald L. Ste tificates 61 M.C.C. 209 and 766, from the If a hearing Is deemed necessary, applicant requests that it be held at Washington, D.C. ? ti2ty National Bank Building, Oma plant site of Swift & Co., at or near * ¿ 2 5 Authority sought to operate Grand Island, Nebr., to points in Con­ No. MC 113843 (Sub-No. 80), filed irrMn^1071 carrier> *>y motor vehicle, o^ necticut, Delaware, Indiana, Maryland, March 30, 1964. Applicant: REFRIG­ J ^ laf routes, transporting: Froz Massachusetts, Maine, New Jersey, New ERATED FOOD EXPRESS, INC., 316 tnhioo t rozen berries, and frozen vet York, Ohio, Pennsylvania, Rhode Island, Summer Street, Boston, Mass. Author­ and Swro? ipoints in California, Oreg< New Hampshire, Vermont, Virginia, West ity sought to operate as a common car­ Boko ^^irington, to American Fa Virginia, and the District of Columbia. rier, by motor- vehicle, over irregular routes, transporting: Meats, meat prod­ On?s;>“ pa’ and Pocatello, Idaho, a N o t e : If a hearing is deemed necessary, and ,n4 i )reg;’ for storage-in-tran applicant requests It be held at Omaha, Nebr. ucts, meat byproducts, and articles dis­ Points^6™611? outbound movement tributed by meat packinghouses, as souri Iowa> Minnesota, M No. MC 113651 (Sub-No. 69), filed described in sections A and C of appendix DakotnNf«^ aw a' Nortii Dakota, Sou March 30, 1964. Applicant: INDIANA I to the report in Descriptions in Motor axota, and Wisconsin. REFRIGERATOR LINES, INC., 2404 Carrier Certificates, 61 M.C.C. 209 and North Broadway, Muncie, Ind. Appli­ au^horitJ^?PliCant states that no duplicati 766, and equipment, materials and sup­ 2 i S S a ? nought. Common control rr cant’s attorney: Henry A. DUlon (same plies used in the conduct of such business, sary annuo" 5* a hearin£ is deemed nec address as applicant),. Authority sought from the plant site of Agar Packing Co., req“*5te “ * , * * * * to operate as a common carrier, by motor located at Monmouth, 111., to points in vehicle, over irregular routes, transport­ Connecticut, Delaware, Maine, Maryland, 5196 NOTICES

Massachusetts, New Hampshire, New and articles, distributed by meat pack­ common carrier, by motor vehicle, over Jersey, New York, Pennsylvania, Rhode inghouses, as described in sections A and irregular routes, transporting: Cotton,• Island, Vermont, Virginia, West Virginia, C of appendix I, in Descriptions in Motor textiles, and textile products, made of and the District of Columbia. Carrier Certificates, 61 M.C.C. 209 and natural or synthetic fibers, m etallic yam, 766, from the plant site of Swift & Co., dry goods, rugs, carpeting, carpeting N o t e : Common control may be involved. I f a bearing is deemed necessary, applicant located at or near Grand Island, Nebr., products, and manufactured textile prod­ requests it be held at Chicago, 111. to points in Arkansas, Kansas, Louisi­ ucts, between points in North Carolina ana, Oklahoma, and Texas. and South Carolina, on the one hand, No. MC 113855 (Sub-No. 90), filed and, on the other, points in Arizona! April 2, 1964. Applicant: INTERNA­ N o t e : If a hearing is deemed necessary applicant requests it be held at Dallas, Tex. California, Idaho, Nevada, Oregon, Utah! TIONAL TRANSPORT, INC., Highway and Washington. 52, South, Rochester, Minn. Applicant’s NO. MC 114533 (Sub-No. 88), filed attorney: Alan Foss, First National Bank April 3, 1964. Applicant: B. D. C. N o t e : If a hearing is deemed necessary, applicant requests it be held at Columbia Building, Fargo, N. Dak. Authority CORPORATION, 4970 South Archer S.C. sought to operate as a common carrier, Avenue, Chicago, HI. Applicant’s attor­ by motor vehicle, over irregular routes, ney: Carl L. Steiner, 39 South La Salle No. MC 115841 (Sub-No. 171), filed transporting: Agricultural machinery, Street, Chicago 3, 111. Authority sought April 2, 1964. Applicant: COLONIAL implements, and parts, and tractor at­ to operate as a common carrier, by motor REFRIGERATED TRANSPORTATION, tachments and parts, from points in Cal­ vehicle, over irregular routes, transport­ INC., 1215 Bankhead Highway West, Post ifornia to points in the United States, ing: Accounting media, business reports, Office Box 2169, Birmingham, Ala. Au­ including Alaska but excluding Hawaii. and records, between the plant site of thority sought to operate as a common carrier, by motor vehicle, over irregular N o t e : I f a hearing is deemed necessary, the Pure Oil Co. in Schaumburg Town­ applicant requests it be held at San Fran­ ship, HI., on the one hand, and, on the routes, transporting: Cotton, textiles cisco, Calif. other, Indianapolis, Kokomo, and Rich­ and textile products, made of natural or mond, Ind., Bay City, Flint, Grand synthetic fibres, dry goods, metallic yam No. MC 113908 (Sub-No. 141), filed Rapids, Kalamazoo, Lansing, and Pon­ and mixtures thereof, rugs, carpeting March 30, 1964. Applicant: ERICKSON tiac, Mich., Lake Geneva and Waukesha, products, and manufactured textile prod­ TRANSPORT CORPORATION, Post Wis., and Cleveland and Toledo, Ohio. ucts, between points in Alabama, Geor­ Office Box 3180, Springfield, Mo., 65804. gia, and Tennessee, on the one hand, and, Applicant’s attorney: Turner White, 805 N o t e : If a hearing is deemed necessary, applicant requests it be held at Chicago, HI. on the other, points in Idaho, Oregon, Woodruff Building, Springfield, Mo., Utah, and Washington. 65806. Authority sought to operate as a No. MC 115180 (Sub-No. 12), filed N o t e : If a hearing is deemed necessary common carrier, by motor vehicle, over April 2, 1964. Applicant: ONLEY RE­ irregular routes, transporting: plastic applicant requests it be held at Chattanooga, FRIGERATED TRANSPORTATION, Tenn. ‘materials, in bulk, in tank vehicles, from INC., 408 West 14th Street, New York* Springdale, Pa., to Fort Smith, Ark. N.Y. Applicant’s representative: George No. MC 116227 (Sub-No. 2), filed N ote: If a hearing is deemed necessary, A. Olson, 69 Tonnele Avenue, Jersey March 30, 1964. Applicant: DUANE applicant requests it be . held in Washington, City 6, N.J. Authority sought to oper­ POLMAN, doing business as POLMAN D.C. ate as a common carrieri by motor vehi­ TRANSFER, Route 3, Wadena, Minn. cle, over irregular routes, transporting: Applicant’s attorney: James F. Green- No. M C 114019 (Sub-No. 117), filed Meats, meat products, meat byproducts stein, Twin City Federal Building, 112 April 3, 1964. Applicant: MIDWEST East Sixth Street, St. Paul 1, Minn. Au­ EMERY FREIGHT SYSTEM, INC., 7000 and articles distributed by meat pack­ inghouses, as described in appendix A thority sought to operate as a common South Pulaski Road, Chicago, HI. Appli­ and C in Description Case, Ex Parte M C carrier, by motor vehicle, over irregular cant’s attorney: David Axelrod, 39 South routes, transporting: Limestone, crushed, La Salle Street, Chicago 3, 111. Authority 45, and supplies, equipment, and mate­ rials used in the conduct of such busi­ ground or pulverized, in bags and (2) sought to operate as a common carrier, ness (except commodities in bulk in tank dicalcium phosphate in bags, from Alden, by motor vehicle, over irregular routes, vehicles, and hides), from the plant Iowa, to points in Minnesota and empty transporting: Foodstuffs (other than site of Agar Packing Co. located at Mon­ containers or other such incidental fa­ frozen), "bird and fish foods (pet foods), mouth, HI., to points in Maine, New cilities used in transporting the above- and pet supplies, pressed wood pulp, im­ Hampshire, Vermont, Massachusetts, described commodities on return. pregnated (fire starters) and buffing and Connecticut, Rhode Island, New York, polishing compounds, from Rochester, N ote: Applicant is also authorized to con­ New Jersey, Pennsylvania, Maryland, N.Y., to points in Iowa, Minnesota, Ne­ duct operations as a contract carrier in Per­ West Virginia, Delaware, Virginia, and braska, North Dakota, South Dakota, and mit MC 108523; therefore dual operations the District of Columbia. may be involved. If a hearing is deemed Milan, 111. necessary, applicant requests it be held at N o t e : If a hearing' is deemed necessary, N ote: If a hearing is deemed necessary, applicant requests it be held at Chicago, HI. Fargo, N. Dak. applicant requests it be held at Washington, No. MC 116273 (Sub-N o. 23), filed D.C. No. MC 115826 (Sub-No. 28), filed April 1, 1964. Applicant: W. J. DIGBY, March 26, 1964. Applicant: D & L No. MC 114019 (Sub-No. 118), filed TRANSPORT, INC., 3800 South Laramie April 3, 1964. Applicant: MIDWEST INC., 1960 31st Street, Denver, Colo. Applicant’s attorney: Michael T. Cor­ Avenue, Chicago, HI. Applicant’s at­ EMERY FREIGHT SYSTEM, INC., 7000 torney: Carl L. Steiner, 39 South La South Pulaski Road, Chicago, HI. Appli­ coran, 1360 Locust Street, Denver, Colo. Authority sought to operate as a com­ Salle Street, Chicago 3, HI. Authority cant’s attorney: David Axelrod, 39 South sought to operate as a common earner, La Salle Street, Chicago 3, 111. Authority mon carrier, by motor vehicle, over ir­ regular routes, transporting: Meats, by motor vehicle, over irregular routes, sought to operate as a common carrier, transporting: Coal tar pitch, in bulk, m by motor vehicle, over irregular routes, meat products, meat byproducts, dairy products, and commodities distributed by tank vehicles, from Chicago, HI., to New- transporting: Foodstuffs (other than burg, Ind., and points within 5 mue frozen), from Milton, Pa., to points in meat packinghouses as defined in sec­ thereof. Iowa, Minnesota, Nebraska, North Da­ tions A, B, and C, of appendix I to the report in Descriptions in Motor Carrier kota, and South Dakota. N o t e : If a hearing is deemed necessary, Certificates, 61 M.C.C. 209 and 766, from applicant requests that it be held at Cnicag ■ N o t e : Common control may be involved. Denver, Colo., to points in Arizona and HI. If a hearing is deemed necessary, applicant California. requests it be held at Washington, D.C. No. MC 117119 (Sub-No. 143), filed N o te : If a hearing is deemed necessary No. MC 114045 (Sub-No. 133), filed April 2,1964. Applicant: WILLIS Shaw applicant requests it be held at Denver, Colo. FROZEN EXPRESS, INC., E l m Springs. April 1,1964. Applicant: TRANS-COLD EXPRESS, INC., Post Office Box 5842, No. MC 115841 (Sub-No. 171), filed Ark. Applicant's attorney: John • Dallas, Tex. Authority sought to oper­ April 2, 1964. Applicant: COLONIAL Joyce, 26 North College, Fayetteviu. ate as a common carrier, by motor vehi­ REFRIGERATED TRANSPORTATION, Ark. Authority sought to operate as cle, over irregular routes, transporting: INC., Post Office Box 2169, Birmingham, common carrier, by motor vehicle, o Meats, meat products, meat byproducts Ala. Authority sought to operate as a irregular routes, transporting: Wednesday, April 15, 1964 FEDERAL REGISTER 5197

foods, from La Porte, Ind„ to points in and, on the other, points in the United Wyandotte, Mich. Applicant’s attorney: Tennessee and Arkansas. States (except H aw aii). John M. Veale, Suite 1700, 1 Wood­ Noté: If a hearing is deemed necessary, N o t e : Applicant did not specify place of ward Avenue, Detroit, Mich. Authority applicant requests it be held at Little Bock, hearing if one is deemed necessary. sought to operate as a common carrier, Art. by motor vehicle, over irregular routes, No. MC 117815 (Sub-No. 21), filed transporting: Brick, tile, refractory No. MC 117574 (Sub-No. 91), filed April 2, 1964. Applicant: PULLEY products and refractory materials, be­ March 29,19§4. Applicant: DAILY EX­ FREIGHT LINES, INC., 2341 Easton tween points in the Lower Peninsula of PRESS, INC., Post Office Box 39, M.R. Boulevard, Des Moines, Iowa, 50317. Ap­ Michigan and points in Illinois and No. 3, Carlisle, Pa. Authority sought to plicant’s representative: William A. Indiana. I operate as a common carrier, by motoir Landau, 1307 East Walnut Street, Des I vehicle, over irregular rputes, transport- Moines 16, Iowa. Authority sought to op­ N o t e : If à hearing is deemed necessary ing: (1) Logs, pallets, wood chips or applicant requests it be held at Lansing, I erate as a common carrier, by motor ve­ Mich. I shavings, poles, mine timber, wood flour hicle, over irregular routes, transporting: [ or fiber in bags, bulk or packages, wood Meats, meat products, and commodities No. MC 119362 (Sub-No. 1), filed [ fiber products, firring strips and crating used by packinghouses, as described in March 30, 1964. Applicant: URBAN F. I lumber, (2) fasteners, mouldings and sections A, C, and D of appendix I to De WALL, DeWALL TRUCKING SERV­ ■ other accessories and supplies' for use in the report in Descriptions in Motor Car­ ICE, 2224 23d Avenue, Rockford, 111. I erection or installation of items in i l ) rier Certificates, 61 M.C.C. 209 and 766 Applicant’s attorney: Eugene L. Cohn, 1 I above, between points in Lycoming, (except liquid commodities in bulk in North La Salle Street, Chicago 2, 111. I Tioga, Sullivan, Bradford Counties, Pa., tank vehicles), ( 1 ) from the plant site Authority sought to operate as a con­ I on the one hand, and, on the other, of Agar Packing Co., at or near Mon­ tract carrier, by. motor vehicle, over I points in Maine, New Hampshire, Ver- mouth, 111., to points in Iowa, Kansas, irregular routes, transporting: (1) Cor­ ! mont, Massachusetts, Connecticut, Minnesota, Missouri, Nebraska, Wiscon­ rugated pulpboard boxes, knocked down, I Rhode Island, New York, New Jersey, sin, and" the upper peninsula of Mich­ and shipping containers, knocked down, I Pennsylvania, Delaware, Maryland, Vir­ igan, and (2) from points in Iowa to the including necessary partitions and sepa­ ginia, West Virginia, North Carolina, plant site of Agar Packing Co., at or near rators used therein, from Rockford, 111., Ohio, Indiana, Illinois, Michigan, Mis­ Monmouth, 111. to points in Columbia (except Columbus), Crawford, Dane (except Madison), souri, Wisconsin, Kentucky, and the N o t e : If a hearing is deemed necessary District of Columbia. applicant requests it be held at Chicago, 111. Dodge, Grant, Green, Iowa, Jefferson, Kenosha (except City of Kenosha), Note: Common control may be Involved. No. MC 118175 (Sub-No. 3), filed Lafayette, Milwaukee (except City of If a hearing Is deemed necessary, applicant March 30, 1964. Applicant: HARVEY requests It be held at Washington, D.C. Milwaukee), Ozaukee (except Port W. McCOY* 938 Custer Avenue, Billings, Washington), Racine, Richland, Rock No. MC 117574 (Sub-No. 92), filed Mont., 59102. Applicant’s attorney: (except Beloit), Sauk, Walworth (except March 30,1964. Applicant: D AILY E X ­ Jerome Anderson, Suite 300, First Na­ Whitewater), Washington, Waukesha, PRESS, INC., Post Office Box 39, M.R. tional Bank Building, Billings, Mont., and Wood (except Marshfield), Coun­ No. 3, Carlisle, Pa. Authority sought to 59101. Authority sought to operate as a ties, Wis. (2) Corrugated pulpboard ! operate as a common carrier, by motor common carrier, by motor vehicle, over boxes, knocked down, and shipping vehicle, over irregular routes, transport­ irregular routes, transporting: Frozen containers, knocked down, including ing: (1) Radiators, air heating or cooling, vegetables, frozen fruit, frozen fish, fro­ necessary partitions and separators used : iron or steel combined with other metal; zen fruit juices, frozen fowl, frozen, ber­ therein, from Antigo, Manitowoc, and radiators, air heating or cooling, alumi­ ries, frozen potato products, frozen pies, Sheboygan, Wis., and points in Colum­ num, brass, bronze or copper; cooling or frozen processed foods, from Seattle, bia, Crawford, Dane, Dodge, Grant, I freezing equipment and machines; con­ Wenatchee, Prosser, and Arlington, Green, Iowa, Jefferson, Kenosha, La­ densers, equalizers, or exchangers, gas or Wash., and Weston and Portland, Oreg., fayette, Milwaukee, Ozaukee, Racine, liquid; coolers, heat exchangers, or to Billings, Great Falls, Missoula, Liv­ Richland, Rock, Sauk, Walworth, Wash­ equalizers for air, gas, or liquids; air ingston, and Bozeman, Mont. ington, Waukesha, and Wood Counties, Wis. to Rockford, 111. RESTRICTION: coolers, heaters, humidifiers, dehumidi­ N o t e : If a hearing is deemed necessary fiers or washers and blowers or fans com­ applicant requests it be held at Billings, The proposed operations are to be per­ bined; blowers, rotary, o f exhaust fans, Mont. formed under a continuing contract or iron; compressors or pumps, gas or liquid, contracts,, with the Weyerhaeuser Co. of electric motors, or parts; machinery No. MC 118196 (Sub-No. 18), filed Tacoma, Wash. March 31, 1964. Applicant: RAYE & parts, iron or steel; machinery parts, COMPANY TRANSPORTS, INC., Hi- N o t e : If a bearing is deemed necessary, aluminum, brass, bronze or copper; and applicant requests it be held at Chicago, 111. way 71 North, Post Office Box 613, (2) parts, attachments and accessories Carthage, Mo. Authority sought to op­ No. MC 119697 (Sub-No, 8), filed *or commodities described in erate as a common carrier, by motor ve­ April 3, 1964. Applicant: CHRISPENS U) above, from La Crosse, Wis., to points hicle, over irregular routes, transporting: TRUCK LINES, INC., 348 West 42d in Maine, New Hampshire, Vermont, (1) Salvaged dairy products, and (2) Place, Chicago, 111. Applicant’s attor­ Massachusetts, Connecticut* Rhode Is- commodities, the transportation of which ney: Joseph M. Scanlan, 111 West Wash­ and, New York, New Jersey, Delaware, is partially exempt under the provisions ington Street, Chicago 2, 111. Authority Maryland, Pennsylvania, Virginia, and of section 203(b) (6) of the Interstate the District of Columbia. sought to operate as a common carrier, Commerce Act if transported in vehicles by motor vehicle, over irregular routes, If n°ï^' Common control may be involved— not used in carrying any other property, transporting: Meat, meat products, meat 18 deemed necessary, applicant when moving in the same vehicle at the byproducts,' and articles distributed by requests that it be held at Milwaukee, Wis. same time with salvaged dairy products, meat packinghouses, other than com­ from points in Colorado, New Mexico, modities in bulk, in tank vehicles, as Ar5î'oMF 117574 (Sub-No. 93), filed Arizona, and California, to points in described in sections A, C, and D, ap­ ppÏ oI’ t1964- APPlicant: D A ILY E X - Oklahoma, Kansas, Missouri, and A r­ pendix I, in Descriptions in Motor Car­ mÎ: , S’ ^ .c -* post Office Box 39, M.R. kansas. and empty containers or other rier Certificates, 61 M.C.C. 209 and 766, nrw^Q+arlisle/***• Authority sought to such incidental facilities (not specified), from the plant site of Agar Packing Co. vAhtSu as a common carrier, by motor at or near "Monmouth, 111., to points in ywucie over irregular routes, transport- used in transporting the commodities specified above, on return. Indiana and Ohio. display signs, gasoline urpoo fans‘ automobile hoists, air com- N o t e : If a hearing Is deemed necessary N o t é : I f a. hearing is deemed necessary, in i™r\ an,d Flowers, display racks, and applicant requests it be held at Kansas City, applicant requests it be held at Chicago, 111. Mo. mntoiiiOCIi’ access°ries and advertising No. MC 119765 (Sub-No. 5 ), filed f03r gasoline service stations, No. MC 119321 (Sub-No. 6), filed March 81, 1964. Applicant: HENRY G. andP*!LP£irits in Dauphin, Lancaster, March 30, 1964. Applicant: THOMAS NELSEN, 1548 Locust Street, Avoca, erry Counties, Pa., on the one hand, E. BUBER, INC., 308 Antoine Street, Iowa. Applicant’s attorney: Joseph M. 5198 NOTICES

Scanlan, 111 West Washington Street, N o t e : If a hearing is deemed necessary, No. MC 124174 (Sub-No. 24), filed Chicago 2, 111. Authority sought to op­ applicant requests it be held at Washington, April 1, 1964. Applicant: MOMSEN erate as a common carrier, by motor ve­ D.C. TR U CK ING CO., a corporation, High­ hicle, over irregular routes, transporting: No. MC 119894 (Sub-No. 4), filed March way 71 arid 18 North, Spencer, Iowa. Meats, meat products, meat "byproducts, 31, 1964. Applicant: BOWARD TRUCK Authority sought to operate as a com­ dairy products, and articles distributed LINE, INC., Post Office Box 293, Staun­ mon carrier, by motor vehicle, over ir­ by meat packinghouses, other than com­ ton, Va. Applicant’s attorney: M. Bruce regular routes, transporting: Feed in­ modities in bulk, in tank vehicles, as de­ Morgan, 804 Warner Building, 501 13th gredients including, but not limited to, scribed in sections A, B, and C, appendix Street NW., Washington, D.C. Author­ diacalcium phosphate, from Montpelier, I, in Descriptions in Motor Carrier Cer­ ity sought to operate as a common car­ Iowa, and points within 5 miles thereof tificates, 61 M.C.C. 209 and 766, from the rier, by motor vehicle, over irregular to points in Iowa, Nebraska, Missouri’ site of the plant of Swift & Co., at or near routes, transporting: Damaged and re­ Illinois, Minnesota, Kansas, Wisconsin! Grand Island, Nebr., to points in Illinois fused furniture, returned to the manu­ North Dakota, and South Dakota. and Wisconsin. facturer, from Washington, D.C., W il­ Note: Common control may be involved. mington, Del., Camden, Trenton, and N ote: If a hearing is deemed necessary Applicant does not specify where he wishes applicant requests it be held at Chicago, 111. Brunswick, N.J., Annapolis, and Union hearing to be held if one is deemed necessary. Bridge, Md., Buffalo, Rochester, and No. MC 119792 (Sub-No. 15), filed Syracuse, N.Y., and points in the New No. MC 124211 (Sub-No. 19), filed ; March 30, 1964. Applicant: CHICAGO York, N.Y., commercial zone, points in April 2,1964. Applicant: HILT TRUCK ■ SOUTHERN TRANSPORTATION COM­ Allegheny County, Pa., and points in LINES, INC., 1813 Yolande Street, Box PANY, a corporation, 4000 Packers Ave­ Pennsylvania on and east of U 5 . High­ 824, Lincoln, Nebr. Applicant’s at­ nue, Chicago, 111. Applicant’s attorney: way 11, to Staunton, Waynesboro, Har­ torney: J. Max Harding, NSEA Building, Joseph M. Scanlon, 111 West Washington risonburg, McGaheysville, and Bridge- 14th and J Streets, Lincoln, Nebr. Au­ Street, Chicago 2, 111. Authority sought water, Va. thority sought to operate as a common to operate as a common carrier, by motor carrier, by motor vehicle, over irregular N o t e : If a hearing is deemed necessary, routes, transporting: Meats, meat prod­ vehicle, over irregular routes, transport­ applicant requests it be held at Washington, ing: Meats, meat products, meat byprod­ D.C. ucts, meat byproducts, and articles dis-' tributed by meat packinghouses, as de­ ucts, and articles distributed by meat No. MC 120582 (Sub-No. 2), filed packinghouses (other than commodities scribed in sections A and C, appendix I, March 18, 1964. Applicant: McMINN- in Descriptions in Motor Carrier Certifi­ in bulk, in tank vehicles), as described in VTLLE FREIGHT LINE, INC., Mc­ cates, 61- M.C.C. 209 and 766 (except com­ sections A, C and D, appendix I to De­ Minnville, Tenn. Applicant’s attorney: modities in bulk in tank vehicles), from scriptions in Motor Carrier Certificates, Charles H. Hudson, Jr., 417 Stahlman the plant site of Swift & Co. at Grand 61 M.C.C. 209 and 766, from the plant Building, Nashville, Tenn. Authority Island, Nebr., to Milwaukee and Madison, site of Agar Packing Co., located at or sought to operate as a common carrier, Wis., St. Louis, Union, and St. Joseph, near Monmouth, 111., to points in Arkan­ by motor vehicle, over regular and ir­ Mo., and points in Illinois. sas, Alabama, Florida, Georgia, Louisi­ regular routes, transporting: (A ) Gen­ N ote : If a hearing is deemed necessary ap­ ana, Mississippi, North Carolina, South eral commodities. Regular routes: (1) Carolina, and Tennessee. plicant requests that it be held at Chicago, Between Nashville, Tenn. and McMinn­ m. Note: If a hearing is deemed necessary, ville, Tenn., from Nashville over Tennes­ applicant requests it be held at Chicago, "111. see Highway 1 to Murfreesboro, Tenn., No. MC 124212 (Sub-No. 24), filed thence over Tennessee Highway 2 to March 2, 1964. Aplicant: MITCHELL No. MC 119810 (Sub-No. 11), filed Manchester, Tenn., thence over Tennes­ TRANSPORT, INC., 21111 Chagrin Bou­ March 27, 1964. Applicant: NE­ see Highway 55 to McMinnville, and re­ levard, Cleveland 22, Ohio. Applicant’s BRASKA EASTERN EXPRESS, INC., turn over the same route, serving the attorney: J. A. Kundtz, 1050 Union Com­ Livestock Exchange Building, Omaha, intermediate points of Morrison and merce Building, Cleveland, Ohio. Au­ Nebr. Authority sought to operate as Siunmitville, Tenn., and the off-route thority sought to operate as a common a common carrier, by motor vehicle, point of Viola, Tenn., restricted against carrier, by motor vehicle, over irregular over irregular routes, transporting: service between Nashville, Tenn., and routes, transporting: Cement, from the Meats, meat products and meat byprod­ Manchester, Tenn.; (2) between Mc­ plant site of Lehigh Portland Cement Co., ucts and articles distributed by meat Minnville, Tenn., and Manchester, Tenn., located at Baltimore, Md., to points in packinghouses, as described in sections over Tennessee Highway 55, serving all Virginia, New Jersey, Pennsylvania, A and C of appendix I to the report in -intermediate points, restricted against Delaware, and Washington, D.C., and Descriptions in Motor Carrier Certifi­ service between Nashville, Tenn., and empty containers or other such inci­ cates, 61 M.C.C. 209 and 766, and equip­ Manchester, Tenn., by interchange or dental facilities (not specified) used in ment, materials, and supplies, used in transporting the above-specified com­ any other method; and (3) between the conduct of such business (except Nashville, Tenn., and Minnville, Tenn., modity, on return. liquid commodities, in bulk, in tank ve­ over U.S. Highway 70S, serving no inter­ N ote: If a hearing is deemed necessary, ap­ hicles, and except canned goods not re­ mediate points, as an alternate route, plicant requests it be held at Washington, quiring refrigeration), from the plant for operating convenience only, in D.C. site of Agar Packing Co., located at or connection with applicant’s author­ near Monmouth, 111., to Connecticut, No. MC 124324 (Sub-No. D, ized regular-route operations, ir ­ Delaware, Maine, Maryland, Massachu­ March 27, 1964. Applicant: MURPHJ regular routes: (B ) Molding sand, loose, TRUCKING CO., INC., Denver, Ind. setts, New Hampshire, New Jersey, New in bulk, in dump trailers, from Sewanee Applicant’s attorney: Donald W. Smith, York, Pennsylvania, Rhode Island, Ver­ and Chattanooga, Tenn., to McMinnville, Suite 511, Fidelity Bulding, Indianapolis mont, Virginia, and Washington, D.C. Tenn., (C) coke, loose, in bulk, in dump 4, Ind. Authority sought to operate as Note: Common control may be involved. trailers, from Chattanooga, Tenn., to a common carrier, by motor vehicle, over If a ' hearing is deemed necessary applicant McMinnville, Tenn., (D) rough castings irregular routes, transporting: Feed ana requests it be held at Chicago, 111. and forgings, loose, in bulk, in dump feed ingredients, from points in Lucas» No. MC 119894 (Sub-No. 3), filed trailers, from McMinnville, Tenn., to Sandusky, and Ottawa Counties, Omo. March 31, 1964. Applicant f BOWARD Daisy and Chattanooga, Tenn., (E ) pig and Monroe and Lenawee Counties, TRUCK LINE, INC., Post Office Box 293, iron, loose, in bulk, in dump trailers, Mich., to points in Indiana. from Rockwood, Tenn., to McMinnville, Staunton, Va. Applicant’s attorney: M. N ote: If a hearing is deemed necessary, Bruce Morgan, 804 Warner Building, Tenn., and (F ) pig iron, loose, in bulk, applicant requests it be held at Indianap 501 13th Street NW., Washington 4, D.C. in dump trailers and dump trucks, from Ind. Authority sought to operate as a common Birmingham, Ala., and points in its com­ mercial zone, to McMinnville, Tenn., and io. MC 124418 (Sub-No. 2), carrier, by motor vehicle, over irregular 964. Applicant: D -H -R TRUCKING, routes, transporting: Pulpboard, not cor­ points in its commercial zone. L, Harrisburg, 111. Authority sough rugated and wrapping paper, in truck- N o t e : If a bearing is deemed necessary, load lots, from Covington, Va., to Tyrone, applicant requests it be held at Nashville, jperate as a common carrier, by m Pa., and Williamsburg, Pa. Tenn. lid#» over irrearular routes, transp Wednesday, April 15, 1964 FEDERAL REGISTER 5199

lng: Road building machinery, equip­ routes, transporting: Sand, gravel, N o t e : If a hearing is deemed necessary, ment and parts therefor when moving in crushed stone, and related mineral aggre­ applicant requests it be held at Detroit, Mich. connection therewith, between points in gates, including but not limited to rock, Applicant states proposed service win be un­ der a continuing contract or contracts with Dlinois, Indiana, Kentucky, and Missouri. stone, caliche and dirt, in bulk, in motor Huron Valley Steel Corp. Note: If a hearing is deemed necessary, vehicles, between points in Armstrong, applicant requests it be held at Springfield, Briscoe, Carson, Castro, Childers, Col­ No. MC 126004, filed February 11,1964. in. lingsworth, Dallam, Deaf Smith, Donley, Applicant: DANIEL R. RICHARDSON, Gray, Hall, Hansford, Hartley, Hemphill, doing business as T O W N & COUNTRY No. MC 124578 (Sub-No. 3) (AM END­ Hutchinson, Lipscomb, Moore, Ochiltree, MOBILE HOME SALES, 802 North First MENT) , filed January 24,1964, published Oldham, Parmer, Potter, Randall, Rob­ Street, Artesia, N. Mex. Authority in Federal R egister issue of February 6, erts, Sherman, Swisher, and Wheeler sought to operate as a contract carrier, 1964, amended March 30, 1964, and re­ Counties, Texas, points in Colfax, Curry, by motor vehicle, over irregular routes, published, as amended, this issue. Ap­ DeBaca, Guadalupe, Harding Quay, transporting: Mobile homes, from Ar­ plicant: PUGET SOUND TRUCKING Roosevelt, San Miguel, and Union Coun­ tesia, N- Mex., to points in the United CO., a corporation, Pier 62, Seattle 1, ties, N. Mex., points in Beaver, Beckham, States. Wash. Applicant’s attorneys Charles J. Cimarron, Custer, Dewey, Ellis, Greer, Keever, Washington Building, Post Office N o t e : i f a hearing is deemed necessary Harmon, Harper, Jackson, Kiowa, Major, applicant requests it be held at Albuquerque, Box 340, Seattle 11, Wash. Authority Roger Mills, Texas, Tillman, Washita, N. Mex. sought to operate as a contract carrier, Woods, and Woodward, Counties, Okla., No. MC 126023 (Sub-No. 1), filed by motor vehicle, over irregular routes, points in Clark, Finney, Ford, Grant, March 30, 1964. Applicant: LYLE L. transporting: Palletized cans, palletized Gray, Hamilton, Haskell, Hodgeman, HARRISON, 1220 Fourth Street, Lewis­ can ends, pallet pack sleeves, caps and Kearny, Meade, Morton, Seward, Stan­ ton, Idaho. Authority sought to operate divider sheets and pallets, between Port­ ton, and Stevens Counties, Kans., and as a common carrier, by motor vehicle, land, Oreg., and points in Washington. points in Baca, Bent, Crowley, Las over irregular routes, transporting: Note: The purpose of this republication is Animas, and Prowers Counties, Colo. to broaden the scope of the proposed opera­ Sand, gravel and asphaltic concrete, be­ tion. N o t e : If a hearing is deemed necessary, tween points in Nez Perce and Latah applicant requests it be held at Amarillo, Counties, Idaho, and points in Asotin, Tex. No. MC 124770 (Sub-No. 3), filed April Garfield, and Whitman Counties, Wash. 2, 1964. Applicant: FRANK G. TEL- No. MC 125258 (Sub-No. 4), filed LERI, doing business as TELLERI N o t e : If a hearing is deemed necessary, March 27, 1964. Applicant: MURRAY applicant requests it be held at Spokane, TRUCKING CO., 335 Allen Street, Post STOVAL, WARREN WISE, PAUL KUNE W ash. Office Box 521, Elizabeth, N.J. Appli­ AND EARL WISE, a partnership, doing cant’s representative: Bert Collins, 140 business as STOVAL, WISE, KLINE & No. MC 126025 (A M E N D M E N T ), filed Cedar Street, New York 6, N.Y. Author­ WISE, 103. Circle Drive, Thermopolis, February 19, 1964, published in F ederal ity sought to operate as a contract car­ Wyo. Applicant’s attorney: W ard A. R egister issue March 4, 1964, amended rier, by motor vehicle, over irregular White, Post Office Box 678, 1600 Van April 8,1964, and republished as amended routes, transporting: Meats, in vehicles Lennen Avenue, Cheyenne, Wyo. Au­ this issue. Applicant: BALLARD equipped with mechanical refrigeration thority sought to operate as a contract TRANSFER OF WASHINGTON, INC., doing business as BALLARD TRANSFER and “tram” meat rails, from Hoboken, carrier, by motor vehicle, over irregular N.J., to points in Pennsylvania on and routes, transporting: Beer, (1) from Mil­ CO., 2417 Northwest Market Street, east of U.S. Highway 15, points in West­ waukee, Wis., and Salt Lake City, Utah, Seattle, Wash. Applicant’s representa­ chester, Nassau, Suffolk, and Albany tive: Joseph O. Earp, 411 Lyon Building, to Thermopolis, Wyo., and (2) from Mil­ Counties, N.Y., Baltimore and Landover, waukee, Wis., to Casper, Wyo. 607 Third Avenue, Seattle 4, Wash. Au­ Md., and the District of Columbia, and thority sought to operate as a contract rejected, returned, damaged shipments, N o t e : If a hearing is deemed necessary, carrier, by motor vehicle, over irregular on return. applicant requests it be held at Casper or Cheyenne, Wyo, routes, transporting: iron and steel Note: Applicant states thè proposed serv­ articles, (1) from Seattle, Wash., to ice wifi be under contract with Jefferson No. MC 125657 (Sub-No. 2), filed April points in Idaho, (2) between Seattle, Packing Company, Hoboken, N.J. I f a hear­ 1, 1964. Applicant: FLOYD DELBERT Wash., and points in Qregon. ing is deemed necessary applicant requests BAZE, doing business, as BAZE TRUCK ­ N o t e : Applicant states the above-proposed « be held at Washington, D.C., or New York, ING, 4879 Martin Street, Mira Loma, N.Y. operations will be performed under a con­ Calif. Authority sought to operate as a tinuing contract with Northwest Steel Rolling No. MC 124886 (Sub-No. 1), filed common carrier, by motor vehicle, over Mills, Inc., of Seattle, Wash. The purpose of this republication is tq show the two (2) Mm-ch 29, 1964. Applicant: PH ILIP irregular routes, transporting: Camper and vacation trailers, by truckaway movements ^ibove, in lien of previously pub- m n ^KTELLO, doing business as P & F lished movement. I f a hearing is deemed c a r r ie r s , 478 Famham Avenue, Lodi, method, from points in California, to necessary applicant requests it be held at Applicant’s representative: George points in Oregon, Washington, Idaho, Seattle, Wash. Utah, Nevada, Arizona, Colorado, and « S t Q’ 69 Tonnele Avenue, Jersey City New Mexico. No. MC 126145, filed March 30, 1964 n .j . Authority sought to operate as Applicant: PHILLIPS TRUCKING & a contract carrier, by motor vehicle, over N o t e : If a hearing is deemed necessary, corporation, 20299 Valley Boulevard, irregular routes, transporting: Nitrocel- applicant requests it be held at Los Angeles, Calif. Rialto, Calif. Authority sought to oper­ wiose sotutions, in bulk, in tank vehicles, ate as a common carrier, by motor ¡ w th?3 site of the Plant of Cellofilm No. MC 125988 (Sub-No. 2), filed April vehicle* over irregular routes, transport­ corporation in Woodbridge, N.J., to De­ troit, Mich. 3, 1964. Applicant: A. GORNO, INC., ing: Dry manufactured and chemical 12451 Haggerty Road, Belleville, Mich. fertilizer, in bulk, in hopper, pneumatic, J S j 5 : Applicant 18 authorized to conduc Applicant's attorney: Wilhelmina Boers- and dump-type vehicles, from points in a comm°n carrier in Certificat ma, 2850 Penobscot Building, Detroit, California, to points in Arizona, and fo ' h» ,26570 and Subs thereunder; there Mich. Authority sought to operate as a refused and contaminated shipments, on hAoH« . operatlons may be involved. If common carrier, by motor vehicle, over return. cmp^SJ 8vdeemed necessary applicant re quests it be held at Washington, D.C. irregular routes, transporting: Pig iron, N o t e : If a hearing is deemed necessary, unfinished castings, coke, scrap metals, applicant requests it be held at Los Angeles 2 125°0° (Sub-No. 3), filed Apri finished castings, and limestone, in dump Calif. Rtno oo-£PpUcant: LEW IS G. HER vehicles, between Belleville, Mich., on the No. MC 126147, filed April 1, 1964. JJNG. 2211 Hamilton (Post Office Bo: one hand, and, on the other, points in Applicant: FREDERICK S. GREGG, nev* ,T^a^lpra’ Tex* Applicant’s attor Ohio, Indiana, Illinois, New York, and doing business as FRED S. GREGG, BrocketTi Lanham, Suite 1009, Perry Pennsylvania, and ports of entry on the 1602 South Spring Street, Springfield, it^ ^ ? l dmg’Austinl- Tex- Author International Boundary line between the HI. Applicant’s attorney: Mack Ste­ ripr operate as a common car United States and Canada, located at or phenson, 922 First National Bank Build­ > by motor vehicle, over irregula near Detroit and Port Huron, Mich. ing, Springfield, HI. Authority sought to No. 74------r 5200 NOTICES operate as a contract carrier, by motor (not including tractors with vehicle beds, such incidental facilities (not specified) vehicle, over irregular routes, transport­ bed frames, or fifth wheels), and attach­ used in transporting the commodities ing: Pastries, in insulated vehicles, from ments and parts thereof when moving specified, and rejected shipments on re­ St. Louis, Mo., to Centralia, Vandalia, incidental to and in the same vehicle turn in (1) and (2) above. with said tractors, from East Moline, Effingham, Mattoon, Decatur, Taylor- N ote : If a hearing is deemed necessary ap­ ville, and Springfield, 111., and empty con­ Rock Island, Canton, Melrose Park, and plicant requests it be held at Indianapolis tainers or other such incidental facilities Broadview, HI., and Louisville, Ky., to Ind. (not specified) used in transporting the points in Indiana on and north of U.S. above-named commodities, on return. Highway 40. No. MC 126159, filed April 1,1964. Ap­ plicant : ROC-SALT TRANSPORT, INC., N o t e : If a hearing is deemed necessary N o t e : If a hearing is deemed necessary, 4875 North 32d Street, Milwaukee, Wis! applicant requests that it be held at Spring- applicant requests it be held at Indianapolis, Applicant’s attorney: Frank M. Coyne, field, 111. Ind. 1 West Main Street, Madison, Wis.! No. MC 126149, filed April 3, 1964. No. MC 126154, filed April 2,1964. Ap­ 53703. Authority sought to operate as a Applicant: DENNY MOTOR FREIGHT, plicant: DOMENIC MARCHI, 508 North common carrier, by motor vehicle, over INC., 201 Ellen Court, New Albany, Ind. Stephenson Avenue, Iron Mountain, irregular routes, transporting: Salt and Applicant’s attorney: Donald W. Smith, Mich. Authority sought to operate as salt products, from Chicago, 111., to points Suite 511, Fidelity Building, Indian­ a common carrier, by motor vehicle, over in Wisconsin and the Upper Peninsula of apolis 4, Ind. Authority sought to oper­ irregular routes, transporting: Malt bev­ Michigan. ate as a common carrier, by motor ve­ erages, (1) from Minneapolis, Minn.,/to N o te:' If a hearing is deemed necessary, hicle, over irregular routes, transporting: points in Dickinson, Iron, Gogebic, Delta, applicant requests it be held at Madison, (1) Prefabricated buildings, complete, and Menominee Counties, Mich., (2). Wis. knocked down or in sections, and when from Duluth, Minn., to points in Gogebic, transported in connection with the trans­ Iron, Dickinson, Delta, and Menominee MOTOR CARRIERS OF PASSENGERS portation of such buildings, component Counties, Mich. (3) from Milwaukee, No. MC 35690 (Sub-No. 1), filed March parts thereof and equipment and ma­ Wis., to points in Dickinson, Iron, Goge­ 30, 1964. Applicant: CENTRAL N.Y. terials incidental to the erection and bic, Delta, Menominee, and Houghton COACH LINES, INC., 313 Broad Street, completion of such buildings, from New Counties, Mich., and (4) from La Crosse, Utica, N.Y., 13501.' Applicant’s attorney: Albany, Ind., and points within one (1) Wis., to points in Dickinson, Iron, Goge­ James H. Gilroy, Jr., First National Bank mile thereof, to points in Pennsylvania, bic, Delta, and Menominee Counties, Building, Utica, N.Y., 13503. Authority Kentucky, Missouri, Ohio, and Illinois; Mich., and empty, containers or other sought to operate as a common carrier, ( 2) flavoring syrup, liquid sugar, and such incidental facilities (not specified) by motor vehicle, over irregular routes, invert sugar, in bulk, in tank vehicles, used in transporting the above-specified transporting: Passengers and their bag­ from Louisville, Ky„ to points in Ala­ commodities, on return. gage, in the same vehicle with passengers, bama, Arkansas, Florida, Georgia, Iowa, in round-trip special operations consist­ Louisiana, Maryland, Illinois, Indiana, N o t e : Applicant holds contract carrier au­ thority in MC 113997, and by the instant ing of all-expense sightseeing or pleasure Michigan, Minnesota, Mississippi, Mis­ application requests a change from his pres­ tours, beginning and ending at points in souri, North Carolina, Ohio, Pennsyl­ ent authority permit as a contract carrier Herkimer, Oneida, and Madison Coun­ vania, South Carolina, Tennessee, Vir­ to a common carrier. If a hearing is deemed ties, N.Y., and extending to points in the ginia, West Virginia, Wisconsin, and the necessary, applicant requests it be held at United States, including Alaska, but ex­ District of Columbia; (3) farm machin­ Lansing, Mich. cluding Hawaii. ery and farm implements when trans­ No. MC 126155, filed March 27, 1964. o te ported in special equipment, from Louis­ N : Common control may be involved. Applicant: GLEN R. WALL, Lanark, m. I f a hearing is deemed necessary applicant ville, Ky., to points in Alabama, Arkan­ Authority sought to operate as a common requests it be held at Utica or Syracuse, N.Y. sas, Florida, Georgia, Illinois, Indiana, carrier, by motor vehicle, over irregular Louisiana, Mississippi, North Carolina, No. MC 126052 (AMENDMENT), filed routes, transporting: Commercially pre­ Ohio, Oklahoma, South Carolina, Ten­ February 27, 1964, published in Federal pared livestock feed, in bags, packages nessee, Texas, Virginia, Colorado, Con­ R egister issue of March 11, 1964, and in bulk, from West Bank, Iowa, to necticut, Delaware, Iowa, Kansas, Mary­ amended March 31,1964, and republished points in Carroll, Stephenson, Whiteside, land, Michigan, Minnesota, Missouri, Ne­ as amended this issue. Applicant: ED­ and Ogle Counties, 111., and empty con­ W A R D P. SCHEIBLY, JR., Box No. 6, braska, New York, Pennsylvania, Ver­ tainers or other such incidental facil­ mont, and Wisconsin; and (4) agricul­ Rural Delivery No. 1, Rensselaer, N.Y. ities (not specified) used in transporting tural machinery, and implements and Authority sought to operate as a common the above-described commodities, and parts as described in Appendix X II to carrier, by motor vehicle, over regular damaged shipments, on return. the report in Descriptions in Motor Car­ routes, transporting: Passengers and rier Certificates, 61 M.C.C. 209, from N o t e : If a hearing is deemed necessary ap­ their baggage, and express, mail and Louisville, Ky., to points in West Vir­ plicant requests it be held at Freeport, 111. newspapers, in the same vehicle with passengers, between Albany, N.Y., and ginia. No. M C 126158, filed March 30, 1964. North Adams, Mass., from Albany north N o t e : Applicant is presently authorized Applicant: OTHO SMITH, doing business over Broadway through Menands, N.Y., to operate as a contract carrier under Per­ as SM ITHW AY, 33 Oolitic Road, Bed­ mit No. MC 104201, and holds authority to and Watervliet, N.Y., to Troy, N.Yjr- ford, Ind. Applicant’s attorney: David thence east over New York Highway. 2 transport the same commodities within the Axelrod, 39 South La Salle Street, Chi­ to junction U.S. Highway 7, thence north identical territory (set forth above), as cago 3, HI. Authority sought to operate follows: (1) May be found in MC 104201 over U.S. Highway 7 to Williamstown, as a contract carrier, by motor vehicle, (Sub-No. ,29); (2) in MC 104201 (Sub-No. Mass., thence east over Massachusetts over irregular routes, transporting: 32); (3") in MC 104201 (Subs-Nos. 34 and Highway 2 to North Adams, Mass., Aluminum pipe, aluminum tubing, alu­ 35), and (4) in MC 104201 (Sub-No. 38). returri over the same route, serving an The purpose of this application, therefore, minum sheet, flat, corrugated, or coiled, is to convert applicant’s contract carrier au­ aluminum angles and extruded shapes, intermediate points. thority to common carrier authority. If a aluminum rivets, aluminum pipe fittings N o t e : The purpose of this republication hearing is deemed necessary, applicant re­ and aluminum rods, aluminum plate is to delete the previously described ro quests it be held at Chicago, 111., Washington, and coil, ( 1) from the plant site of the through North Pownal and Pownal, • D.C., and St. Louis, Mo. Common control may be involved. If a be ­ Kaiser Aluminum and Chemical Corp. ing is deemed necessary, applicant requ No. MC 126150,fildd April 3,1964. .A p ­ located at or near Bedford, Ind., to points it be held at Albany, N.Y. plicant: DEAN J. McCLURE, doing busi­ in Wisconsin, Illinois, Kentucky, West ness as McCLURE TR U C K IN G CO., U.S. Virginia, Ohio, and Michigan, and (2) No. MC 126114, filed March 16, IJJJ Highway 6 West, Kendallville, Ind. Ap­ from Ravenswood, W . Va., to the plant Applicant: WILLINGHAM BUS plicant’s attorney : Donald W . Smith, site of Kaiser Aluminum and Chemical INC., doing business as AZTEC Bu Suite 511, Fidelity Building, Indianapolis Corp. located at or near Bedford, Ind., LINES, 4437 Twain Avenue, San Diegw, 4, Ind. Authority sought to operate as under a continuing contract with Kaiser Calif. Authority sought to operate a contract carrier, by motor vehicle, over Aluminum and Chemical Corp. of Bed­ a common carrier, by motor vehicle, o irregular routes, transporting: Tractors ford, Ind., and empty containers or other irregular routes, transporting: Wednesday, April 15, 1964 FEDERAL REGISTER 5201

gers and their baggage, in charter or No. MC 107500 (Sub-No. 76), filed Authority sought to operate as a common special operations, in round-trip or one­ Marclj 30, 1964. Applicant: BURLING­ carrier, by motor vehicle, over regular way service, beginning and/or ending at TON TRUCK LINES, INC., 796 South routes, transporting: General commod­ San Diego, Calif., and extending to points Pearl Street, Galesburg, 111. Applicant’s ities, between Marquand, Mo., and St. in California, Arizona and Nevada. attorney: R. J. Schreiber, 548 West Jack- Louis, Mo.: (1) from Marquand, over Note: If a hearing is deemed necessary, son Boulevard, Chicago, 111. Authority County Highway A to junction U.S. applicant requests it be held at San Diego, sought to operate as a common carrier, Highway 67, thence over U.S. Highway Calif. by motor vehicle, over regular routes, 67 to St. Louis, and return over the transporting: General commodities (ex­ A p p l i c a t i o n f o r B r o k e r a g e L i c e n s e s same route, serving Fredericktown, Mo., cept those of unusual value, and except as an intermediate point, and (2) MOTOR CARRIERS OF PASSENGERS dangerous explosives, household goods from Marquand, over County Highway No. MC 12900 filed March 23, 1964. as defined in Practices of Motor Common A to Missouri Highway 51, thence over Applicant: WM. A. WILSON, doing busi­ Carriers of Household Goods, 17 M.C.C. Missouri Highway 51 to junction U.S. ness as WILSON TRAVEL CLUB, 1213 467, commodities in bulk, commodities Highway 61, thence over U.S. Highway Capitol Street, Houston, Tex. Appli­ requiring special equipment, and those 61 to St. Louis, and return over the same cant’s attorney: Joe G. Fender, 2033 Nor­ injurious or contaminating to other lad­ route, serving no intermediate points. ing), between Roseville and St. Au­ folk Sreet, Houston 6, Tex. For a li­ MOTOR CARRIERS OF PASSENGERS cense (BMC 5) to engage in operations gustine, HI., over Illinois Highway 116, as a broker at Houston, Tex., in arrang­ for operating convenience only, serving No. MC 7257 (Sub-No. 7), filed March ing for transportation in interstate or no intermediate or off-route, points, in 25, 1964. . Applicant: PROVINCIAL foreign commerce, by motor vehicle, of connection with applicant’s authorized TRANSPORT COMPANY, a corporation, passengers and their baggage, between regular route operations. 1188 Dorchester Boulevard West, Mon­ points in the United States. No. MC 114106 (Sub-No. 43), filed treal, Quebec, Canada. Applicant’s at­ April 1, 1964. Applicant: MAYBELLE torney: Anthony C. Vance,- 2001 Massa­ [ Applications i n W h i c h H a n d l i n g W i t h ­ TRANSPORT COMPANY, a corporation, chusetts Avenue NW., Washington 6, out O r a l H e a r i n g H a s B e e n E l e c t e d Post Office Box 573, 1820 South Main D.C. Authority sought to operate as a Street, Lexington, N.C. Applicant’s at­ MOTOR CARRIERS OF PROPERTY common carrier, by motor vehicle, over torney: William P. Sullivan, 1825 Jeffer­ irregular routes, transporting: Passen­ No. MC 29886 (Sub-No. 188), filed son Place NW., Washington 36, D.C. gers and their baggage, in the same ve­ I March 30, 1964. Applicant: DALLAS & Authority sought to operate as a com­ hicle, in round trip charter operations, [ MAVIS FORWARDING CO., INC., 4000 mon carrier, by motor vehicle, over ir­ beginning and ending at ports of entry I West Sample Street, South Bend, Ind. regular routes, transporting: Corn syrup, on the international boundary line be­ [ Applicant’s attorney: Charles M. Pieroni and blends of liquid sugar and corn syrup, tween the United States and Canada lo­ j (same address as applicant). Authority in bulk, in tank vehicles, from Lexing­ cated in Maine, New Hampshire, Ver­ I sought to operate as a common carrier, ton, N.C., to points in Florida. mont, and New York and extending to i by motor vehicle, over irregular routes, N o t e : Applicant is also authorized to con­ points in the United States (except I transporting: Wallboard, fibre and pulp- duct operations in Permit No. MC 115176 Alaska and Hawaii). RESTRICTION: I wood, from the plant site of the Upson and Subs thereunder; therefore dual opera­ The proposed authority herein will be I Co., Lockport, N.Y., to points in Lake, tions may be involved. restricted to charter parties originating i Porter, La Porte, Starke, Marshall, St. at authorized points in Canada. K Joseph, Elkhart, and Lagrange Counties, No. MC 123075 (Sub-No. 10), filed K Ind., and points in Calhoun, Branch, St. April 1, 1964. Applicant: HARVEY D. N o t e : Common pontrol may be involved. SHUPE AND HOW ARD YOST, doing Applicant states no duplication of authority I Joseph, Kalamazoo, Cass, Van Buren, and is sought. I Berrien Counties, Mich. •> business as SHUPE & YOST, a partner­ ship, 271 Eighth Avenue, Greeley,. Colo. Note: Common control may be Involved. No. MC 116385 (Sub-No. 3), filed Applicant’s attorney : Michael T. Corco­ March 30, 1964. Applicant: ANTHONY No. MC 30319 (Sub-No. 131), filed ran, 1360 Locust Street, Denver, Colo., S. KASPER, doing business as NIAGARA March 30,1964. Applicant: SOUTHERN 80220. Authority sought to operate as a FRONTIER SCENIC TOURS, 7900 Pine PACIFIC TRANSPORT COMPANY, a contract carrier, by motor vehicle, over Avenue Boulevard, Niagara Falls, N.Y. corporation, 810 North San Jacinto irregular routes, transporting: Fertilizer, Applicant’s attorney: Clarence E. Street, Post Office Box 4054, Houston 14, from the plant site of Leslie Salt Co., lo­ Rhoney, 94 Oakwood Avenue, North Tex. Applicant’s attorney: Edwin N. cated at Lake Point, Utah, to points in Tonowanda, N.Y. Authority sought to Bell, 1600 Esperson Building, Houston, Colorado and Wyoming, and to points operate as a common carrier, by motor Tex. Authority sought to operate as a in Nebraska and South Dakota on and vehicle, over irregular routes, transport­ common carrier, by motor vehicle, over west of Ü.S. Highway 83, and exempt ing:. Passengers and their baggage, in regular routes, transporting: General commodities, on return. special operations, in round trip sight­ commodities (except those of unusual No. MC 125035 (Sub-No. 5), filed seeing and pleasure tours, limited to the value, dangerous explosives, household April 3, 1964. Applicant: RAY E. transportation of not more than eight ( 8) goods as defined by the Commission, BROW N, doing business as R A Y E. passengers in any one vehicle, not in­ commodities in bulk and those requiring BROWN TRUCKING, 1132 55th Street cluding the driver thereof and not in­ special equipment), between Iowa, La., NE.,x North Canton, Ohio. Applicant’s cluding children under ten ( 10) years of and New Orleans, La., from Iowa over attorney: Fred H. Zollinger, First Na­ age who do not occupy a seat or seats, in us. Highway 165 to junction U.S. High­ tional Bank Building, Canton, Ohio, seasonal operations between April 15 and way 190 thence over U.S. Highway 190 44702. Authority sought to operate as October 1, inclusive, of each year, be­ o junction U.S. Highway 61, thence over, a contract carrier, by motor vehicle, over tween the ports of entry on the interna­ us. Highway 61 to New Orleans; and irregular routes, transporting: Ice cream tional boundary line between the United not1 0ver same route as an alter- and ice cream confections such as but not States and Canada located at Niagara TT, route for operating convenience limited to fudgesicles, popsicles, eskimo Falls and Lewiston, N.Y., and points in fuy, serving no intermediate points. pies, ice cream bars, ice cream sand­ Niagara County, N.Y., within six (6) on 58135 (Sub-No. 2 ) , filed March wiches, drum sticks and créamsicles, miles of Niagara Falls, N.Y., including Applicant: FO G G ’S TR ANS- from Wheeling, W. Va., to Columbus, Niagara Falls, N.Y. 2 TATI°N, INC., 76 Cross Street, Port- Akron, and Shelby, Ohio, and empty con­ No. MC 116943 (Sub-No. 3), filed prat’a^ aine' Authority sought to op- tainers or other such incidental facilities April 1, 1964. Applicant: EMPIRE hioio 85 a common carrier, by motor ve- (not specified) used in transporting the STATE SCENIC TOURS AND INFOR­ ’ °irer regular routes, transporting: above described commodities, including MATION, INC., il39 Niagara Falls commodities, from U.S. High- the dollies upon which ice cream con­ Boulevard, Buffalo, N.Y. Applicant’s (4/ twli at a point approximately four tainers are loaded, on return. representative: Raymond A. Richards, Main» J;? uorth of Greene, Maine, over No. M C 126057 (Sub-No. 1), filed 35 Curtice Park, Webster, N.Y, Au­ return P^kway 106 to Leeds, Afaine, and March 16, 1964, Applicant: MAR- thority sought to operate as a common intermpdiot the same route, serving no QUARD EXPRESS, INC., 2726 Brent­ carrier, by motor vehicle, over irregular ^ m e d ia te or off-route points. wood Boulevard, St. Louis, Mo., 63144. routes, transporting: Passengers and 5202 NOTICES their baggage, in special operations, in HEARING: April 23, 1964, at 9:30 tion of general commodities, ( 1) from, round trip sightseeing and pleasure a.m., on the Fifth Floor, Lewis Cass to, and between New Orleans, La. and tours, limited to the transportation of Building, South Walnut Street, Lansing, Norco, La., over Louisiana Highway 48 not more than eight (8) passengers in Mich. to intersection Bonnet Carre Spillway any one vehicle, not including the driver Requests for procedural information, Bridge, thence over Bonnet Carre Spill- thereof, and not including children including the time Jor filing protests, way Bridge, which is U.S. Highway 61; under ten ( 10) years of age who do not concerning this application should be from, to, and between intersection Lou­ occupy a seat or seats, during the season addressed to the Michigan Public Serv­ isiana Highway 44 and Bonnet Carre from May 1 to October 31 of each year, ice Commission, Lewis Cass Building, Spillway Bridge on U.S. Highway 61, beginning and ending at points in Tensing, Mich., 48913, and should not be thence over Louisiana Highway 44 to Niagara County, N.Y., and those points directed to the Interstate Commerce Burnside, La.; and from, to, and be­ in Erie County, N.Y., on U.S. Highway Commission. tween Bumside, La., and Baton Rouge, 62 and north of New York Highway 324, State Docket No. MC—4516 Sub-1, filed La., over Louisiana Highway 30. For the and extending to ports of entry on the March 24,1964. Applicant: W. C. KEYT purpose of clarity, it is understood that international boundary line between the AND CHARLES A. HERSHISER, doing the second portion of this application is United States and Canada at Niagara business as COOKEVILLE M OTOR from, to, and between New Orleans and 1 Falls, N.Y. LINE, 611 Mulberry, Nashville, Tenn. Baton Rouge, La., serving all points, over Applicant’s attorney: Walter Harwood, the road commonly referred to as the Old ] Note: Applicant states it is presently cer­ 515 Nashville Bank and Trust Building, River Road, connecting Baton Rouge and ] tificated to perform the above transportation, restricted to seven (7) passengers. The sole Nashville, Tenn. , Certificate of public New Orleans, La., (2) from, to, and be- ] purpose of this application is to have the “7 convenience and necessity sought to op­ tween Geismar, La., and Baton Rouge, j passengers” increased to ”8 passengers.” erate a freight service as follows: Be­ La., over Louisiana Highway 73, serving j tween Nashville and Cookeville, Tenn., all points; (3) from, to, and between 1 By the Commission. - (1) over U.S. Highway 70N, and (2) over New Orleans, La., and Baton Rouge, La., [ s e a l ] H arold D. M cC o y , Interstate Highway 40, utilizing seg­ over U.S. Highway 61 (commonly known Secretary. ments of Interstate Highway 40, as it as the Airline Highway); from, to, and becomes completed and open to traffic, between Baton Rouge, La., and Kinder, [PJl. Doc. 64-3699; Piled, Apr. 14, 1964* as alternate routes in conjunction with 8:47 a.m.] La., over U.S. Highway 190, serving all applicant’s authorized regular-route intermediate points; from, to, and be­ service. tween Kinder, La., and Iowa, La., over NOTICE OF FILING OF MOTOR CAR­ HEARING: May 7, 1964, at 9:30 ajn., U.S. Highway 165, serving all inter­ RIER INTRASTATE APPLICATIONS in the Commission’s Court Room, C - l - mediate points; and - (4) from, to, and 110 Cordell Hull Building, Nashville, between Opelousas, La., over Louisiana A p r il 10, 1964. Tenn. Highway 10 to intersection U.S. Highway The following applications for motor Requests for procedural information, 167, thence oyer U.S. Highway 167 to common carrier authority to operate in including the time for filing protests, Ville Platte,. La., serving all points, intrastate commerce seek concurrent concerning this application should be thence over Louisiana Highway 29 to motor carrier authorization in interstate addressed to the Tennessee Public Serv­ Tate Cove, La., serving all points, includ­ or foreign commerce within the limits ice Commission, Cordell Hull Building, ing the Cabot Corbin Plant located near of the intrastate authority sought, pur­ Nashville, Tenn., 37219, and should not be Tate Cove, La.; from, to, and between suant to section 206(a) (6) of the Inter­ directed to the Interstate Commerce Tate Cove, La., and the Cabot Corbin state Commerce Act, * as amended Oc­ Commission. Plant, over Louisiana Highway 29, from, tober 15, 1962. These applications are State Docket No. H-4885, filed March to, and between Eunice, La., serving ail governed by Special Rule 1.245 of the 17, 1964. Applicant: WENDELL HAU- points. Commission’s rules of practice, pub­ PERT, doing business as HAUPERT EX ­ And State Docket No. 9279, filed March lished in the F ederal R e g ist e r , issue PRESS, Woodbury Building, Marshall­ 26, 1964. Applicant: (same as above). of April 11, 1963, page 3533, which pro­ town, Iowa. Applicant’s attorney:-Rob­ Applicant’s attorney: (same as above). vides, among other things, that protests ert R. Rydell, 1020 Savings and Loan Certificate of public convenience and and requests for information concerning Building, Des Moines, Iowa. Certificate necessity sought to operate a freight the time and place of State Commission of public convenience and necessity service as follows: Transportation of hearings or other proceedings, any sub­ sought to operate a freight service as general commodities ( 1) from, to, and sequent changes, therein, and any other follows: Transportation of general com­ between Baton Rouge, La., and Shreve­ related matters shall be directed to the modities (except those of unusual value, port v La., from Baton Rouge over UJ3- State Commission with which the ap­ classes A and B explosives, household Highway 190 to intersection U.S. High­ plication is filed land shall not be ad­ goods as defined by the Interstate Com­ way 71, thence over U.S. Highway 71 dressed to or filed with the Interstate merce Commission, commodities in bulk, through Alexandria, La., to Shreveport; Commerce Commission. commodities requiring special equipment, serving all intermediate points (2) from, State Docket No. C-102, Case No. 1, and those injurious pr contaminating to to, and between Iowa, La., and Alexan­ filed October 23, 1963. Applicant: other lading), between Marshalltown, dria, La., over U.S. Highway 165, serving HOOKER MOTOR FREIGHT, INC., 326 Iowa, and Ogden, Iowa, oyer U.S. High­ all intermediate points; (3) from, to, ana Pleasant Street SW., Grand Rapids, way 30, serving all intermediate points. between Eunice, La., and Meeker, La., or Mich. Applicant’s attorney: John M. HEARING: April 28, 1964, at 10:00 to intersection U.S. Highway 167 ana Veale, Suite 1700, 1 Woodward Avenue, a.m., in the office of the Iowa State Com­ U.S. Highway 71, over U.S, Highway 167 Detroit 26, Mich. Certificate of public merce Commission, Des Moines, Iowa. to Turkey Creek, La., thence over Lou­ convenience and necessity sought to op­ Requests for procedural information, isiana Highway 13 to Eunice, serving a erate a freight'service as follows: Trans­ including the time for filing protests, intermediate points; and (4) from, t°> portation of general commodities ( 1 ) be- concerning this application should be and between Lake Charles, La., a_ tween'Grand Rapids, Mich., and Lansing, addressed to the Iowa State Commerce Shreveport, La., over U.S. Highway l ** Mich., over Interstate Highway 96, serv­ Commission, State Capitol, Des Moines serving all intermediate points. ing no intermediate points, for operating 19, Iowa, and should not be directed to HEARING: Date, time, and place, as­ convenience only; (2) between junction the Interstate Commerce Commission. signed for hearing these applications, U.S. Highway 31 and Interstate Highway State Docket No. 9278, filed March 26, not known. - 96 and Grand Rapids, Mich., over In ­ 1964. Applicant: SAIA MOTOR Requests for procedural information terstate Highway 96, provided that no FREIGHT LINE, INC., Post Office Box including the time for filing protests, freight originating at Muskegon, Mich., 10157, Station No. 1, Naval Air Station, concerning these applications shoui or points intermediate to Grand Rapids Houma, La. Applicant’s attorney: Jo­ addressed to the Louisiana Public ° shall be transported to Grand Rapids or seph L. Waltz, Post Office Box 590, Hou­ ice Commission, Box 4035, Capitol vice Versa on this route; and (3) between ma, La. Certificate of public conven­ tion, Baton Rouge, La., and should _ Freeport, Mich., and Middleville, Mich., ience and necessity sought to operate a be directed to the Interstate Commerc oyer unnumbered county road. freight service as follows: Transporta­ Commission. Wednesday,. April 15, 1964 FEDERAL REGISTER 5203

State Docket No. A46314, filed March scribed thereunder (49 CFR Part 179), Fritsh, Hutchinson County, Tex.; from 24 1964. Applicant: LUCIANO G IU D - appear below: Cushing, Okla., and points within 3 miles ICE, CHARLOTTE GIUDICE, CHARLES As provided in the Commission’s spe­ thereof, to Skellytown, Tex., and points TRAINA, AND JOHN TRAINA, a co­ cial rules of practice any interested per­ within 20 miles thereof, arid Stinnett, partnership, doing business as AUTO son may file a petition seeking recon­ Tex., and points within 15 miles thereof; PAST FREIGHT, 564 Rialto Avenue, San sideration of the following-numbered petroleum products, in bulk, in tank Bernardino, Calif. Applicant’s at­ proceedings within 20 days from the date trucks, over irregular routes, from Ponca torney: Donald Murchison, 211 South of publication of this notice. Pursuant City, Okla., to points in Hansford and Beverly Drive, Beverly Hills, Caiif. Cer­ to section 17(8) of the Interstate Com­ Moore Counties, Tex., from Borger and tificate of public convenience and neces­ merce Act, the filing of such a petition Pampa, Tex., and points within 5 miles of sity sought to operate a freight service will postpone the effective date of the each, to Arnett, Buffalo, Erick, Fargo, as follows: Transportation of general order in that proceeding pending its dis­ Laveme, Reydon, Sayre, and Shattuck, commodities, with the usual exceptions, position. The matters relied upon by Okla.; between Borger, Tex., and points (1) between all points and places in the petitioners must be specified in their within 5 miles thereof, on the one hand, Los Angeles Basin Territory as described petitions with particularity. and, on the other, points in Alfalfa, H ar­ in Item No. 270-1 of Minimum Rate No. M C-FC 66689. By order of April 2, per, Woods, Woodward, Ellis, Dewey, Tariff No. 2, issued by the Public Utili­ 1964, the Transfer Board approved the Major, Custer, Roger Mills, Beckham, ties Commission of the State of Cali­ transfer to Jersey Express Inc., East and Washita Counties, Okla., except fornia; (2) the said Los Angeles Basin Rutherford, N.J., of certificate in No. from Borger and points within 5 miles Territory and Crestline, Lake Arrowhead, MC 116453 issued July 26, 1963, to thereof to Buffalo, Erick, Fargo, Laveme, and Big Bear Lake, and points and places Michael Della Fave, doing business as Reydon, Sayre and Shattuck, Okla.; gas­ along California Highways 18, 30 and Jersey Carriers, Lyndhurst, N.J., author­ oline, in bulk, in tank trucks, over irreg­ U.S. Highway 66, and all points within izing the transportation over irregular ular routes, from Laverne, Okla., and five (5) miles laterally of said highways routes, of such merchandise as is dealt in points within 3 miles of Laveme, to named; and (3) the said Los Angeles by novelty stores, from Lyndhurst, N.J., points in Hemphill, Lipscomb, and Ochil­ Basin Territory and Yermo, via U.S. to New York, N.Y.; paint pigments, from tree Counties, Tex.; and rejected ship­ Highways 66, 466, and 91, including the New York, N.Y., to Newark, N.J.; sheet ments of gasoline, in bulk, in tank trucks, off-route points of United States Marine paper, between Lyndhurst, and Newark, over irregular routes, from the above- Corps Depot at or near Daggett, and Dag­ N.J., on the one hand, and, on the other, specified destination points to origin gett, inclusive, and all points within five New York, N.Y.; ladies’ undergarments, points. Wilburn L. Williamson, 450 (5) miles laterally of said highways and textiles, materials, and supplies used American National Building, Oklahoma named. ~ in the manufacture of ladies’ undergar­ City, Okla., 37102, attorney for appli­ HEARING: Date, time, and place as­ ments, between New York, N.Y., on the cants. signed for hearing, not known. one hand, and, on the other, Lyndhurst, No. MC-FC 66724. By order of Requests for procedural information, N.J., and points within 12 miles of Lynd­ April 2, 1964, the Transfer Board ap­ including the time for filing protests, hurst. Michael Della Fave, Post Office proved the transfer to Reliable Trans­ concerning this application should be Box 401, Lyndhurst, N.J., 0-7071, repre­ fer Corp., Juneau, Alaska, of certificate addressed to the California Public Utili­ sentative for applicants. in No. MC 123297 issued May 16, 1963 to ties Commission, California State Build­ No. M C-FC 66714. By order of April 2, Carl V. Lindstrom and Elmer E. Lind- ing, San Francisco 2, Calif., and should 1964, the Transfer Board approved the strom, a partnership, doing business as not be directed to the Interstate Com­ transfer to Al’s Truck Line, Inc., Daven­ Reliable Transfer, Juneau, Alaska, au­ merce Commission. port, Iowa, of certificate in No. M C 71199 thorizing the transportation over irregu­ State Docket No. L-12059 Case No. 3 issued March 30, 1944 to Albert L. lar routes of general commodities, in­ , filed March 16, 1964. Applicant: Machamer, doing business as Al's Truck cluding household goods but excluding EVERETT DELIVERY SERVICE, INC. Line, Daveport, Iowa, authorizing the commodities in bulk, between points 4220 East Davison, Detroit 12, Mich transportation of general commodities, within 25 miles of Juneau, Alaska. R. Applicant’s representative: Gene F, excluding household goods and com­ Boochever, Post Office Box 1121, Juneau, I Everett, 19980 Garfield, Detroit 40, Mich, modities in bulk, between Keithsburg, Alaska, attorney for applicants. | Certificate of public convenience and HI., and Davenport, Iowa, with service to No. M C-FC 66727. By order of April 2, j Necessity sought to operate a freight and from all intermediate points and 1964, the Transfer Board approved the I service as follows: Transportation of film the off-route points of Bettendorf, Iowa, transfer to Thomas R. Hogarth, doing for Eastman Kodak Co., for. the purpose and Moline, Sherrard, Matherville, Edg- business as Hogarth’s Towing & Wrecker of processing, between Detroit, Mich., ington, Millersburg, and New Boston, Service, 1136 Broadmoor, Macedonia, and points within fifty (50) miles thereof HI. William A. Landau, 1307 East Wal­ Ohio, of the operating rights in certifi­ :. “EARING: May 5, 1964, at 9:30 a.m., nut Street, Des Moines 16, Iowa, repre­ cate in No. MC 110943 (Sub-No. 1) issued m the offices of the Commission, Lewis sentative for applicants. August 15, 1961, to Long Distance Tow­ cass Building, Lansing, Mich. No. MC-FC 66715. By order of April ing, Inc., Akron, Ohio, authorizing the ^or Procedural information, 2, 1964, the Transfer Board approved transportation, over irregular routes, of: ^*e f°r protests, concem- the transfer to Chesnut Co., Inc., Arnett, Wrecked and disabled motor vehicles, mg this application should be addressed Okla., of the operating rights issued by and replacement or repair parts or equip­ the Michigan Public Service Commis- the Commission June 3, 1938, June 3, ment for same, between points in a speci­ ?«

Household goods, as defined by the Com­ American Railroads, Car Service Divi­ FOURTH SECTION APPLICATIONS mission, over irregular routes, between sion, as agent of all railroads subscrib­ FOR RELIEF New York, N.Y., on the one hand, and, ing to the car service and per diem agree­ on the other, points in Connecticut, New ment under the terms of that agreement * A p r il 10, 1964. Jersey, and Pennsylvania. and by filing it with the Director, Office Protests to the granting of an appli- 1 No. M C-FC 66739. By order of April 2, of the Federal Register. cation must be prepared in accordance 1964, the Transfer Board approved the Issued at Washington, D.C., April 10, with Rifle 1.40 of the general rules of transfer to Redigo Trucking, Inc., Phila­ 1964. practice (49 CFR 1.40) and filed within delphia, Pa., of certificate in No. MC 11431, issued May 29,1961, to George H. I n te r sta te C o m m e r c e 15 days from the date of publication of Wood, Jr., Philadelphia, Pa., authorizing / ... C o m m is s io n , this notice in the F ederal R egister. the transportation of gears and gear [ s e a l ] C h a r le s W . T a y l o r , wheels, drugs, sheet metal products, and Agent. L o n g - a n d -S h o r t H aul iron fencing and accessories, over irregu­ [F.R. Doc. 64-3702; Filed, Apr. 14, 1964; FSA No. 38953: Sand from Riverton, 8:47 a.m.] lar routes, between Philadelphia, Pa., on Ind., to Mattoon, III. Filed by Illinois the one hand, and, on the other, points in Freight Association, agent (No. 237), for Delaware and New Jersey. Morris J. [Notice 968-A] Winokur, 1920 Two Penn Center Plaza, and on behalf of Illinois Central Railroad Co. Rates on sand, as described in the Philadelphia, Pa. 19102, attorney for MOTOR CARRIER TRANSFER applicants. application, in carloads, from Riverton, No. MC-FC 66742. By order of April PROCEEpINGS Ind., to Mattoon, 111. 2.1964, the Transfer Board approved the A p r il 13, 1964. Grounds for relief: Motortruck compe­ tition. transfer of Certificate of Registration Synopses of orders entered pursuant No. MC 98442 (Sub-No. 1) evidencing the to section 212(b) of the Interstate Com­ Tariff: Supplement 109 to Illinois Cen­ rights of the holder thereof to engage in merce Act, and rules and regulations pre­ tral Railroad Co., tariff I.C.C. A-11687. interstate or foreign commerce, corre­ scribed thereunder (49 CFR Part 179), FSA No. 38954: Joint Motor-rail sponding in scope to the service author­ appear below: rates— Niagara Frontier. Filed by Ni­ ized by the Certificate of Public Conven­ As provided in the Commission’s gen­ agara Frontier Tariff Bureau, Inc., agent ience and Necessity No. 2749 issued by eral rules of practice any Interested per­ (No. 20), for interested carriers. Rates the Massachusetts Department of Public son may file a petition seeking recon­ on property moving on class and com­ Utilities, from John H. Gilbert, doing sideration of the following numbered modity rates over joint routes of appli­ business as Gilbert Truck, Millbury, proceedings within 30 days from the date Mass., to Frank Stankiewicz, doing busi­ cant rail and motor carriers, between of service of the order. Pursuant to sec­ points in Central States and Middlewest ness as FS Trucking, Worcester, Mass. tion 17(8) of the Interstate Commerce territories, on the one hand, and points Arthur A. Wentzell, 539 Hartford Turn­ Act, the filing of such a petition will post­ pike, Shrewsbury, Mass., representative pone the effective date of the order in in provinces of Ontario and Quebec, for applicants. that proceeding pending its disposition. Canada, on the other. No. MC-FC 66744. By order of April The matters relied upon by petitioners Grounds for relief: Motortruck compe­ 2.1964, the Transfer Board approved the must be specified in their petitions with tition. transfer to Towing Service, Inc., doing particularity^ Tariff': Supplement 12 to Niagara business as Bishop Towing Service, St. No. MC-FC 66106. By order of April Frontier Tariff Bureau, Inc., agent, Paul, Minn., of certificate in No. MC 10, 1964, Division 3, acting as an Appel­ tariff MF-I.C.C. 59. 109741, issued January 6 , 1949, to Joseph late Division, approved the transfer to FSA No. 38955: Joint Motor-rail C. Zabel, doing business as Bishop Tow­ Booth Freight Lines, Inc., Clifton, N.J., rates— Niagara Frontier. Filed by Ni­ ing Service, St. Paul, Minn., authorizing of Certificate in No. MC 59463, issued agara Frontier Tariff Bureau, Inc., agent the transportation of wrecked or disabled July 13, 1956, to Towers Transportation, (No. 21), for interested carriers. Rates motor vehicles, and tractors for replace­ Inc., Jersey City, N.J., authorizing the ment of wrecked or disabled tractors, in transportation o f: General commodities, on property moving on class and com­ truckaway service, over irregular routes, excluding household goods, commodities modity rates over joint routes of appli­ between points in Illinois, Iowa, Minne­ in bulk, and other specified commodities cant rail and motor carriers, between sota, North Dakota, South Dakota, and between New York, N.Y., on the one points in official territory, on the one Wisconsin. A. R. Fowler, 2288 Univer­ hand, and, on the other, points in Bergen, hand, and points in provinces of Ontario sity Avenue, St. Paul, Minn. 55114, rep­ Essex, Mercer, Union, Hudson, Middle­ and Quebec, Canada, on the other. resentative for applicants. sex, and Passaic Counties, N.J. Charles Grounds for relief: Motortruck compe­ J. Williams, 1069 Broad Street, Newark [ s e a l] H arold D. M cC o y , tition. Secretary. 2, N.J., attorney for applicants. Tariff: Supplement 12 to Niagara No. MC-FC 66107. By order of April Frontier Tariff Bureau, Inc., agent, [F.R. Doc. 64-3701; Filed, Apr. 14, 1964; 10, 1964, Division 3, acting as an Appel­ tariff MF-I.C.C. 59. 8:47 a.m.] late Division, approved the transfer to FSA No. 38956: Gravel from Muscatine, Towers Transportation, Inc., Jersey City, N.J., of Certificate in No. MC 6958, issued Iowa to points in southern territory. Filed by Illinois Freight Association, [Rev. S.O. 562; Taylor’s I.C.C. Order No. October 5, 1949, to James J. Morrissey, 172—A] Inc., New York, N.Y., authorizing the agent (No. 238), for interested rail car­ transportation of: General commodities, riers. Rates on gravel, as described to ILLINOIS CENTRAL RAILROAD excluding household goods, commodities the application, in carloads, from Musca­ Order Vacated in bulk, and other specified commodities tine, Iowa, to specified points in southern between New York, N.Y., on the one t/Grritory • Upon further consideration of Taylor’s hand, and, on the other, points in New Grounds for relief: Carrier competi- I.C.C. Order No. 172 (Illinois Central jersey within 40 miles of New York. Railroad) and good cause appearing Charles J. Williams, 1060 Broad Street, Tariff: Supplement 6 to Illinois Freight Newark 2, N.J., attorney for transferee. therefor: Association, agent, tariff I.C.C. 1017. It is ordered, That: William D. Traub, 10 East 40th Street, (a) Taylor’s I.C.C. Order No. 172 be, New York 16, N.Y., practitioner for By the Commission. and it is hereby vacated and set aside. transferor. [ s e a l ] (b ) Effective date: This order shall [ s e a l ] H arold D . M cC o y , become effective at 9:00 a.m., April 10, Secretary. 1964. [F.R. Doc. 64-3695; Filed, Apr. 4.4» *964*' It is further ordered, That this order [F.R. Doc. 64-3739; Filed, Apr. 14, 1964; 8:47 a.m.] shah be served upon the Association of 8:49 a.m.] Wednesday, April IS, 1964 FEDERAL REGISTER 5205

CUMULATIVE CODIFICATION GUIDE— APRIL The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during April.

1 CFR Page 9 CFR— Continued Page 16 CFR—Continued Page CFR Checklist------— 4645 78— ------1______4991 P r o po sed R u l e s — Continued 3 CFR 2C1______4645 61------4974 202 - 4645 118------4974 Proclamations: 203 ------4645 154------4974 3579______4849 P roposed R u l e s : Executive O rders : I ------4970 17 CFR June 13.1899 (revoked in part 9 ------4970 200— ------4965 by PLO 3384)____ 5166 10 ------4970 201------4965 1194 (revoked in part by PLO I I - 4970240------4769 3384) ______5166 P roposed R u l e s : 4131 (revoked in part by PLO 10 CFR 240------5168 3384)______5166 P roposed R u l e s : April 27,1918 (revoked in part 20______4917 18 CFR by PLO 3362)______5035 30------4918, 5007 2— ______4873,4875 April 8, 1919 (revoked in part 40------— 5007 156 ______----- 4875 by PLO 3370)______5038 50.------5007 157 ______4875 5907 (revoked in part by PLO 70 ------5007 250______4875 3370) ______5038 140------4919 260______4873 11149 ______4765 11150 ______4789 12 CFR 19 CFR ____ I. ______11151 ______4989 222------5161 6 ____ 4966 8„ ______Presidential D o c u m e n t s O t h er 523------4993 ____ 5034 12______v______Than P roclamations a n d E x e c u ­ 545______4645 ____ 4720 24.______4720, 4909 tive Orders: 13 CFR Memorandum of March 26, P roposed R u l e s : 105------^______4717 1964______4851 24— — — 4804 P roposed R u l e s : 5 CFR 107------4813 21 CFR 213------_------4717, 121— ...... — ______5010 19______------4910 4768, 4791, 4905, 4991, 5031, 5067, *14 CFR 25______------4803 5161. 29______------4803 534------4853 Chapter I ------4853 45______;______— 4910 550------5067 40 ------4993 121______4672,4966, 4997, 5068 41 ------4994 146a.______------4910 7 CFR 42 ------4995 146b______------4910, 5068 401______4905,4906 61 [N e w ].______4717 146c— 1______4673,4910 729______------4665 71 [N e w ]______4670, 146d______------4673 775______— - 4717 4671, 4719, 4793, 4853-4855, 4908, 146e______-______4910 842______4767 4963, 4996, 5067, 5162. 191— ______4910 851____ ------4666 73 [N ew ]------4670, 4768,4769, 4908, 5162 305______— 4880,4966 855______4970 75 [N ew ]______4963,4996 P roposed R u l e s : 862______4869 91 [N e w ]______5033 17______5088 905______4907 97 [N ew ]------4856 19______... ______4890 907 ______------4791 298------5162 121______4891 908 ______4791, 4792, 5031 386------5033 909 ______.. ______5031 507_— ------4719, 4909, 5163 22 CFR 910.. . . " 4792,5032, 5067 P roposed R u l e s : 41------4770 944.. . ------4767 1 [N e w ]------4738 25 CFR 1138.__ 8------— ------5112 — _ 5032 144------4797 1421.__ 23 [N e w ]______5112 ___ 4908, 4991 221------4798 1427__ — _ 4991 61 [N e w ].------4738,4919 1430.__ ------4667 63 [N ew ]______4919 26 CFR 1483______4667 65 [N ew ]______;______4919 1------4881, 5069 I P roposed R u l e s 67 [N e w ]______4919 19— ------4770, 4882,4997 81____ — — 4676,4804 71 [N e w ]______4741, P roposed R u l e s : 362______4723,4917 4742,4778, 4891, 5008, 5009 I ------4974 817__ ------4676 73 [N e w ]______4742,5009 29 CFR 855__ — ______4970 75 [N ew ]------5168 908______4723 91 [N ew ]______4778 P roposed R u l e s i - 910__ — - 4723 93 [N ew ]------4805 541------5088 929__ ___ i.____ 5042 143 [N ew ]...______4919 30 CFR 1103— ------4676 221------4724 1105__ 385— ------4724 P roposed R u l e s : ------4676 10______4885 1107— —.._____ 4676 507------4743, 4778 1201__ I I ------4885 ------4723 15 CFR 12 ______4885,4970 i 8 CFR 385------5163 13 ______4886 343a.. 14------J* ______4886 343b.__ II 4961 16 CFR 4961 14a------4886 9 CFR " 13 ------4793-4796, 15 --^ ______4886 ! 16- 4963,4964, 5067,5164,5165 16 ------4887 ! 17.. ------4767 14 -- 5068 17 ------4887 i 18 _ ------_ 4767 P roposed R u l e s : 18 ------4887, 4970 ------4767,4961 35------4974 19 _____ 4887 ------4962 60------4974 20 ------4887 5206 FEDERAL REGISTER 30 CFR— Continued page 36 CFR p08e 43CFR— Continued Pa?e u b lic and rders P roposed R u l e s — Continued 1______4720 P L O —Continued 21 ______4888 P roposed R u l e s : 3380 ------5079 22 ______4888 7______4970 3381 ------— 5089 23 ______4888 38 CFR 8382------— ______5166 : 24 _— ______- _____ 4888 3383 ------—— ------5166 ! 1 ______•______5165 3384 ------5166 25 ______4888 6 ______- ______5002 26 ______4889 8 _.______5002 45 CFR 27 _2 ______;______4889 14____ 4911 13______— 5080 31 ______4889 60...... ;— 4674 32 _ 4889 41 CFR 143------— 5004 33______— ____ 4889 2-16— ______4966 34 ______4890 8-75______- ______4912 46 CFR 35 ______4890 43____ •------5085 36 ______4890 42 CFR 44______5086 61______5003 45 ______5086 31 CFR 43 CFR 46 ______5087 330_.______5000 3100______4967 530______;____ — ______5041 339______5002 3120______i____ - ______4967 47 CFR 3210— ______4967 0______4913 32 CFR P u b l ic L an d O r ders: 719______—______4798 1 ______4801 2320 (revoked by PLO 3367) — 5037 2 ______5166 725______— 4646 2956 (revoked in part by PLO 750______- ______4798 73_____ *______,______4721,4884 3376___: ------______5078 81______4721 751 ___— ______4798 3338 (corrected by PLO 3374) _ 5077 804______4771,4772 83______- ______4721 3358 ...... ______4884 825______- ______4774 93______— 4802 3359 ______4912 861 ______;_____ 4774,5076 P roposed R u l e s : 3360 ______4912 862 ___.______4774 73______4743,4806,4892,4920,4922 3361 ______5035 874 _ 4774 i 89 — ______4808,4923 3362 ______5035 91______4808 875 ______4775,5076 ...... 5036 878______4772,4911, 5002, 5076 3363 ______93______- ______4808 3364— ...... _____ 5036 881______------4774 3365______5036 1001...... 4911 48 CFR 8366______5037 181______- — 4913 1007______- — 4911 3367 _ — _____ 5037 1453-______5034 3368 ______5037 49 CFR 32A CFR 3369— ______— ______5037 131...... 5005 3370_...... ______>5038 187______5006 OEP (Ch. I) : ______5038 500______4914 D M O 1-17— 5076 3371 ______— ______5038 P roposed R u l e s : DM O V -4— 5076 3372 ______5038 191— ___-— 4813 DM O V-7— 5076 3373— ______5077 192...... 4814 DM O 8600.1 5076 3374 ______- 3375 ------______5078 ______5078 50 CFR 33 CFR 3376 ______4722 ______5078 32 203______4911 3377 ______33 ______4674,4675,4803,4968 5002 3378 ______5078 207___ —— ------______5079 80______- ___ - ___ — r ------5167 401______— 5034 3379 _____ —.