FEDERAL REGISTER VOLUME 31 • NUMBER 17

Wednesday, January 26,1966 • Washington, D.C Pages 995-1032

Agencies in this issue— Agriculture Department Alien Property Office Atomic Energy Commission Business and Defense Services Administration , Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Engineers Corps Federal Aviation Agency Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Geological Survey Health. Education, and Welfare Department Internal Revenue Service Interstate Commerce Commission Labor-Management and Welfare- Pension Reports Office Land Management Bureau National Park Service Securities and Exchange Commission Tariff Commission Detailed list of Contents appears inside. Volume 7 8

UNITED STATES STATUTES AT LARGE [88th Cong 2d Sess.l

Contains laws and concurrent resolu­ subject index, tables of prior laws tions enacted by the Congress during affected, a numerical listing of bills 1964, thé twenty-fourth amendment enacted into public and private law, to the Constitution, and Presidential and a guide to the legislative history proclamations, Also included are: a of bills enacted into public law.

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day alter an official Federal holiday), by the Office of the Federal Register, National FEHERALMREGISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 ■V, 1834 «ST Phone 963-3261 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., eh. 8B), under regulations prescribed by the Admin­ istrative Committee of the ¡Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. \ a- 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 op F ederal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code op F ederal R egulations is sold by the Superintendent of Documents. Prices of books ahd pocket supplements are listed in the first F ederal R egister issue of each month. : There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulations. Contents

AGRICULTURE DEPARTMENT CUSTOMS BUREAU FOOD AND DRUG See also Consumer and Market­ Notices ADMINISTRATION ing Service. Petroleum ; allowance of draw­ Notices Notices back; industry standards if po­ Germantown Manufacturing Co.; National Defense Executive Re­ tential production on practical filing of petition for food addi­ serve; policies and organiza­ operating basis______— 1012 tive______— |------1015 tion____ l ______1014 Hoffman-La Roche, Inc.; librax DEFENSE DEPARTMENT capsules; withdrawal of ap­ ALIEN PROPERTY OFFICE See Engineers Corps. proval of new-drug application- 1015 Notices ENGINEERS CORPS GENERAL SERVICES Horn, Friedrich N., et al.; inten­ tion to return vested property— 1029 Rules arid Regulations ADMINISTRATION Bridges; Mattaponi River, Va_.— 1005 Rules and Regulations ARMY DEPARTMENT Personal property; utilization of See Engineers Corps. FEDERAL AVIATION AGENCY excess motor vehicles for up­ Rules and Regulations grading, replacement, or emer­ ATOMIC ENERGY COMMISSION Air carriers and commercial oper­ gency purposes------1007 Notices ators of large aircraft; training GEOLOGICAL SURVEY Nuclear Science and Engineering program; initial flight assign­ Corp.; petitions for AEC with­ ment ______— 1002 Notices drawal from production and dis­ Airworthiness directive; Curtiss- Wyoming; coal land classifica­ tribution of certain radioiso­ Wright Model C-46 airplanes— 1002 tion order...— 4------f------1012 topes______— 1015 State of New Hampshire; pro- * FEDERAL MARITIME HEALTH, EDUCATION, AND posed agreement for assumption COMMISSION WELFARE DEPARTMENT of certain AEC regulatory au­ Notices thority_j.______1016 Notices North Atlantic Mediterranean Statement of organization and BUSINESS AND DEFENSE Freight Conference; agreement delegations of authority;' mis­ filed for approval______1019 SERVICES ADMINISTRATION cellaneous amendments— |___ 1015 Rules and Regulations FEDERAL POWER COMMISSION INTERIOR DEPARTMENT Property sold by foreign govern­ Notices See Fish and Wildlife Service; ments not acting as agents for Hearings, etc.: Geological Survey; Land Man­ U.S. Government; general policy Brooks Pipe Line Co_____ ,___ 1019 agement Bureau; National Park statement______— _ ¿£— . 1007 Central Maine Power Co____ ._1019 Service. El Paso Natural Gas Co______1020 CIVIL AERONAUTICS BOARD Harrell Drilling Co______1020 INTERNAL REVENUE SERVICE Notices Mayflo Oil Co. and Oil & Gas Ventures, _ Inc______1021 Proposed Rule/ Making Motor carrier-air freight for­ Distilled spirits; labeling and warder investigation; postpone­ FEDERAL RESERVE SYSTEM advertising______—— 1009 ment of prehearing conference- 1019 Rules and Regulations INTERSTATE COMMERCE COMMERCE DEPARTMENT Federal Reserve banks; Export- Import Bank participation cer­ COMMISSION See Business and Defense Services tificates as collateral for ad- Administration. Proposed Rule Making vances______1001 Houston, Texas, commercial zone; CONSUMER AND MARKETING Proposed Rule Making redefinition and limits------1010 Reserves of member banks; pay­ Notices SERVICE ment of interest on deposits___ 1010 Fourth section applications for Rules and Regulations FEDERAL TRADE COMMISSION relief______1024 Fruits and vegetables, Hawaiian; Middlewest Motor Freight Bureau quarantines; sealing of ship’s Rules and Regulations Carriers; sorting or segregating stores______999 Prohibited trade practices: of shipments______1024 Fruit; Accro Watch Co., Inc., and Motor carrier: Arizona and California; or­ Joseph Udell______1003 A l t e r n a t e route deviation anges, Navel; handling lim­ Parents’ Magazine Enterprises, notices_____— ------1026 itation ______— 1000 Inc., et ah ______—___ _ 1004 Applications and certain other Imports; oranges.___ — ___-_ 1001 Sibco Products Co., Lie., and proceedings— ______- — 1021 Texas, Lower Rio Grande Val­ Frank Sibert-______1003 Intrastate applications----- 1025 ley; shipments limitations: Texas Industries, I n c „ ______1004 Passengers moving to and from Grapefruit — __ 999 N.Y. airports; petition to remove Oranges ___1— 1000 FISH AND WILDLIFE SERVICE all points in Connecticut from Poultry soups; further postpone­ Rules and Regulations exemption—— '_— 1025 ment of effective date— — 999 Sport fishing in wildlife refuge JUSTICE DEPARTMENT Notices areas: Rensselaer livestock Auction et Blackbeard Island, Ga____ _ 1008 See Alien Property Office. al.; deposting of stockyards___ 1013 Cape Romain, S.Ç— ——- 1008 (Continued on next page) 997 998 CONTENTS

LABOR PEPARTMENT Notices SECURITIES AND EXCHANGE See Labor-Management and Wel­ Redelegations of authority: COMMISSION fare-Pension Reports Office, Assistant M a n a g e r , Lands and Minerals Adjudication Rules and Regulations LABOR-MANAGEMENT AND Branch, et al______1012 Interpretative releases; beneficial Land Office Manager, Eastern ownership of securities held by WELFARE-PENSION RE­ States Land Office, et al____ 1012 family members______1005 PORTS OFFICE NATIONAL PARK SERVICE TARIFF COMMISSION Proposed Rule Making Reports by surety companies—__ ; 1009 Notices Notices Petersburg National Battlefield, Titanium dioxide from West Va.; clerk-stenographer et al.; Germany; hearing-______1021 LAND MANAGEMENT BUREAU delegation of authority_S__ 1012 Rules and Regulations TREASURY DEPARTMENT Alaska; public land order modi­ See Customs Bureau; Internal fying previous order___ __k-±ß 1007 Revenue Service.

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at die end of each issue beginning with the second issue of the month; A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1966, and specifies how they are affected.

7 CFR 17 CFR 41 CFR 81—____À____ —______999 231 — ______1005 101-43. ____i__ — 1007 318— ______999 241 ...... ______1005 906 (2 documents)______999,1000 251 ______1005 907______1000 261 ______1005 43 CFR 944______— —_____..______1001 271______1005 P ublic Land Orders: 276______1005 639 (modified by PLO 3920)___ 1007 12 CFR 3920—______1007 201 — ______— .— ______1001 27 CFR 44 CFR P roposed R u les: P roposed R u les: 204______1010 5 ______.______1009 401_„_...... 1007 217______1010 14 CFR 29 CFR 49 CFR 3 9 ______1002 P roposed R u les: P roposed R ules : 170— ...... ______1010 121 ______1002 409______._ __ __ 1009 16 CFR 33 CFR 50 CFR 13 (4 documents) ______1003,1004 203______— — 1005 33 (2 documents)______1008 999

Rules and Regulations

Chapter III—-Agricultural R esearch a relieving of certain restrictions subject Title 7— AGRICULTURE Service, Department of Agriculture to conditions deemed adequate to prevent the spread of plant pests. Chapter {-—Consumer and Marketing PART 318— HAWAIIAN AND TERRI­ In order to be of maximum benefit to Service (Standards, Inspections, TORIAL QUARANTINE NOTICES affected persons, this relieving of re­ strictions should be made effective as Marketing Practices), Department Subpart— Hawaiian Fruits and of Agriculture promptly as possible. Therefore, pursu­ Vegetables ant to section 4 of the Administrative SUBCHAPTER D— REGULATIONS UNDER THE S ealing of S h ip’s S tores Procedure Act <5 UJS.C. 1003), it is found POULTRY PRODUCTS INSPECTION ACT upon good cause that notice and other Pursuant to the authority conferred public procedure with respect to the PART 81— INSPECTION OF POULTRY by sections 8 and 9 of the Plant Quaran­ amendment are impracticable, and the AND POULTRY PRODUCTS tine Act of 1912, as amended (7 U.S.C. amendment may be made effective less 161, 162), §318.13-7(b> of the regula­ than 30 days after publication in the Poultry Soups; Further Postponement tions supplemental to the quarantine re­ F ederal R egister. of Effective Date lating to the interstate movement of Hawaiian fruits and vegetables (7 CFR Done at Washington, D.C., this 21st day of January 1966. The effective date of the provisions of 318.13-7 (b>) is hereby amended to read §§81.134 and 81.208 of the regulations as follows: [seal] G eorge W. I rving, Jr., under the Poultry Products Inspection § 318.13—71 Uncertified frails, vege­ Administrator, Act, as amended (21 U.S.C. 451 et seq.), tables, and cut flowers taken aboard Agricultural Research Service. as set forth in the amendments of the ships, vessels, other surface craft, or [F.R. Doc. 66-896; Filed, Jan. 25, 1966; regulations published on July 7,1964 (29 aircraft. 8:49 a.m.] P.R. 8456), insofar as such provisions re­ * * * ♦ * late to soups (whether dehydrated, canned or otherwise prepared) contain­ (b> As ship’s stores or decorations: Chapter IX— Consumer and Market­ ing poultry ingredients, is hereby post­ Fruits, vegetables, and cut flowers subject ing Service (Marketing Agreements to the quarantine and regulations in this poned until March 1, 1966, pursuant to and O rd ers; Fruits, Vegetables, the authority of said Act. During such subpart may be taken aboard a ship, ves­ period of postponement, the provisions sel, or other surface craft, or aircraft in Nuts), Department of Agriculture of § 81.268 (a) and (b) of the regulations, Hawaii without inspection or certifica­ [Grapefruit Reg. 7] as published August 15, 1962 (27 F R . tion. Fruits, vegetables, and cut flowers 8098, 7 CFR 81.208 (Supp. 1963)), shall that are so taken aboard such a carrier PART 906— ORANGES AND GRAPE­ be in effect with respect to such soups. must be either (1) entirely consumed FRUIT GROWN IN LOWER RIO This action is necessary in order to or removed from the ship, vessel, or other GRANDE VALLEY IN TEXAS afford equitable treatment to all poultry surface craft, or aircraft before arrival within the territorial waters of the con­ Limitation of Shipments soup processors in view of the issuance of tinental United States, Guam, Puerto §906.316 Grapefruit Regulation 7. a preliminary injunction on behalf of one Rico, or the Virgin Islands of the United processor of dehydrated soups in an States; or (2) in the case of a surface fa) Findings. (1) Pursuant to the action which is pending in the U.S. Dis­ carrier, retained aboard such carrier un­ marketing agreement and this part trict Court for the District of New Jersey. der seal or otherwise disposed of subject (Order No. 906), regulating the handling In order to accomplish its purpose, this to safeguards equivalent to those imposed of oranges and grapefruit grown in the action must be made effective on Feb­ on other prohibited or restricted prod­ Lower Rio Grande Valley in Texas, ef­ ruary 1,1966, when a prior order (30 F.R. ucts by § 352.10 (b) and (c) of this fective under the applicable provisions of chapter. the Agricultural Marketing Agreement 16185) of postponement of effective date Act of 1937, as amended (7 U.S.C-. 601- expires. Therefore, under section 4 of (Sec. 9, 37 Stat. 318, 7 U.S.C. 162; 29 F.R, 674), and upon the basis of the recom­ the Administrative Procedure Act (5 16210, as amended, 30 F Jt. 5801. Interprets or applies sec. 8, 37 Stat. 318, as amended, mendation of the Texas Valley Citrus U.S.C. 1003), it is found for good cause 7 U.S.C. 161) Committee, established under the afore­ that notice of rule-making and other said marketing agreement and order, public procedure with respect to this ac­ The foregoing amendment shall be­ and upon other available Information, it tion are impracticable and good cause come effective January 26, 1966. is hereby found that the limitation of is found for making it effective less than This amendment provides an alternate shipments of grapefruit, as hereinafter means of handling uninspected and un­ provided, will tend to effectuate the de­ 30 days after publication hereof in the certified fruits, vegetables, and cut flow­ F ederal R egister. clared policy of the act. ers from Hawaii that remain aboard a (2) It is hereby further found that it (Sec. 14, 71 Stat. 447, 21 U.S.C. 463; 29 F.R. surface carrier upon its arrival in the is impracticable and contrary to the 16210, as amended; 30 FR . 1260, as amended; continental United States or other spec­ public interest to give preliminary no­ 30 F R . 2160) ified areas. Heretofore, such items had tice, engage in public rule-making pro­ to be consumed or removed from the car­ cedure, and postpone the effective date This action shall become effective on rier before its arrival within the terri­ of this section until 30 days after pub­ February 1, 1966. torial waters of the United States or the lication thereof in the F ederal R egister specified areas. The amendment pro­ (5 U.S.C. 1001-1011) because the time Done at Washington, D.C., this 20th vides that such items may be retained day of January 1966. intervening between the date when in­ aboard the carrier under seal or may be formation upon which this section is G. R . G range, otherwise disposed of under safeguards based became available and the time Deputy Administrator, equivalent to those imposed on other pro­ when this section must become effective hibited or restricted articles by § 352.10 Marketing Services. in order to effectuate the declared policy (b) and (c) of the Plant Quarantine of the act is insufficient; a reasonable [FJR. Doc. 66-850; Filed, Jan. 25, 1966; Safeguard Regulations (7 CFR 352.10 (b> time is permitted, under the circum­ 8:45 a.m.] and (c)). The amendment is, therefore, stances, for preparation for such effec-

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 1000 RULES AND REGULATIONS tive time; and good cause exists for mak­ [Orange Reg. 8] tive terms in the United States Standards ing the provisions hereof effective as PART 906— ORANGES AND GRAPE­ for Oranges (Texas and States other hereinafter set forth. The recommen­ than Florida, California, and Arizona) dation and supporting information for FRUIT GROWN IN LOWER RIO (§§ 51.680-51.712 of this title). regulation during the period specified GRANDE VALLEY IN TEXAS (2) Orange Regulation 7 (30 F.R. herein were promptly submitted to the Limitation of Shipments 16062) is hereby terminated at 12:01 Department after an open meeting of a.m., c.s.t., February 1,1966. the Texas Valley Citrus Committee on § 906.317 Orange Regulation 8. (3) During the period beginning at January 17, 1966, such meeting was held (a) Findings. (1) Pursuant to the 12:01 a.m., c.s.t., February 1, 1966, and to consider recommendations for regu­ marketing agreement and this part ending at 12:01 a.m., c.s.t., September 15, lation, after giving due notice of such (Order No. 906), regulating the han­ 1966, no handler shall handle: meeting, and interested persons were dling of oranges and grapefruit grown in (i) Any oranges of any variety, grown afforded an opportunity to submit their the Lower Rio Grande Valley in Texas, in the production area, unless such or­ views at this meeting; the provisions of effective under the applicable provisions anges grade at least U.S. No. 3; the section including the effective time of the Agricultural Marketing Agree­ (ii) Any oranges of any variety, grown hereof, are identical with the aforesaid ment Act of 1937, as amended (7 U.S.C. as aforesaid, which are of a size smaller recommendation of the committee, and 601-674), and upon the basis of the than 2%e inches in diameter, except that information concerning such provisions recommendation of the Texas Valley not more than ten (10) percent, by count, and effective time has been disseminated Citrus Committee established under the of such oranges in any lot of containers, among handlers of such grapefruit; it aforesaid marketing agreement and and not more than fifteen (15) percent, is necessary, in order to effectuate the order, and upon other available informa­ by count, of such oranges in any indi­ declared policy of the act, to make this tion, it is hereby found that the limita­ vidual container in such lot may be of a section effective during the period here­ tion of shipments of oranges, as herein­ size smaller than 2%e inches in diameter; inafter set forth so as to provide for the after provided, will tend to effectuate the or continued regulation of the handling of declared policy of the act. (iii) Any oranges of any variety, grapefruit; and compliance with this sec­ (2) It is hereby further found that itgrown as aforesaid, for which inspection tion will not require any special prep­ is impracticable and contrary to the pub­ is required unless an appropriate in­ aration on the part of the persons subject lic interest to give preliminary notice, spection certificate has been issued with thereto which cannot be completed by engage in public rule-making procedure, respect thereto not more than 48 hours the effective time hereof. and postpone the effective date of this prior to the time of shipment: (b) Order. (1) Terms used in the section until 30 days after publication All oranges of any variety, grown as marketing agreement and order shall, thereof in the F ederal R egister (5 aforesaid, handled during the period when used herein, have the same mean­ U.S.C. ,1001-1011) because the time in­ specified in this section are subject to ing as is given to the respective term in tervening between the date when in­ all applicable container and pack re­ said marketing agreement and order; formation upon which this section is quirements which are in effect pursuant and terms relating to grade and diam­ based became available and the time to the aforesaid marketing agreement eter, when used herein, shall have the when this section must become effective and order during such period. same meaning as is given to the respec­ in order to effectuate the declared policy (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tive term in the U.S. Standards for of the act is insufficient; a reasonable 601-674) Grapefruit (Texas and States other than time is permitted, under the circum­ Dated: January 20, 1966. Florida, California, and Arizona) stances, for preparation for such effec­ (§§ 51.620-51.658 of this title). tive time; and good cause exists for mak­ P aul A. Nicholson, (2) Grapefruit Regulation 6 (30 F.R. ing the provisions hereof effective as Deputy Director, Fruit and Veg­ 16061) is hereby terminated at 12:01 hereinafter set forth. The recommen­ etable Division, Consumer and a.m., q.s.t., February 1, 1966. dation and supporting information for Marketing Service. (3) During the period beginning at regulation during the period specified [F.R. Doc. 66-898; Filed, Jan. 25, 1966; 12:01 a.m., c.s.t., February 1, 1966, and herein were promptly submitted to the 8:49 a.m.] ending at 12:01 a.m., c.s.t., March 1, Department after an open meeting of 1966, no handler shall handle; the Texas Valley Citrus Committee on (i) Any grapefruit of any variety, January 17,1966; such meeting was held [Navel Orange Reg. 96, Arndt. 1] grown in the production area, unless to consider recommendations for regu­ such grapefruit grade at least U.S. No. 2; lation, after giving due notice of such PART 907 — NAVEL ORANGES (ii) Any grapefruit of any variety, meeting, and interested persons were af­ GROWN IN ARIZONA AND DESIG­ grown in the production area, which are forded an opportunity to submit their NATED PART OF CALIFORNIA of a size smaller than 3%« inches in diam­ views at this meeting; the provisions of eter; or this section, including the effective time Limitation of Handling (iii) Any grapefruit of any variety, hereof, are identical with the aforesaid Findings. (1) Pursuant to the market­ grown as aforesaid, for which inspection recommendation of the committee, and is required unless an appropriate inspec­ information concerning such provisions ing agreement, as amended, and Order tion certificate has been issued with re­ and effective time has been disseminated No. 907, as amended (7 CFR Part 907), spect thereto not more than 48 hours among handlers of such oranges; it is regulating the handling of Navel oranges prior to the time of shipments. necessary, in order to effectuate the de­ grown in Arizona and designated part of All grapefruit of any variety, grown as clared policy of the act, to make this California, effective under the applicable aforesaid, handled during the period section effective during the period here­ provisions of the Agricultural Market­ specified in this section are subject to all inafter set forth so as to provide for the ing Agreement Act of 1937, as amended applicable container and pack require­ continued regulation of the handling of (7 U.S.C. 601-674), and upon the basis ments which are in effect pursuant to the oranges; and compliance with this sec­ of the recommendation and informa­ aforesaid marketing agreement and tion will not require any special prepar­ tion submitted by the Navel Orange Ad­ order during such period. ation on the part of the persons subject ministrative Committee, established (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. thereto which cannot be completed by under the said amended marketing 601-674) the effective time hereof. agreement and order, and upon other available information, it is hereby found Dated: January 20,1966. (b ) . Order. (1) Terms used in the marketing agreement and order shall, that the limitation of handling of such P aul A. Nicholson, when used herein, have the same mean­ Navel oranges, as hereinafter provided, Deputy Director, Fruit and Veg­ ing as is given to the respective terms in will tend to effectuate the declared policy etable Division, Consumer and said marketing agreement and order; of the act. Marketing Service. and terms relating to grade and diame­ (2) It is hereby further found that it [F.R. Doc. 66-897; Filed, Jan. 25, 1966; ter, when used herein, shall have the is impracticable and contrary to the pub­ 8:49 a.m.] same meaning as is given to the respec­ lic interest to give preliminary notice,

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 RULES AND REGULATIONS 1001 engage in public rule-making procedure, It is hereby found that i t is impracti­ fully guaranteed by the United States as and postpone the effective date of this cable and contrary to the public interest to principal and interest.” amendment until 30 days after publica­ to postpone the effecive time of this regu­ (c) The Export-Import Bank Act (12 tion thereof in the F ederal R egister (5 lation beyond that hereinafter specified U.S.C. 635) does not expressly pledge or U.S.Ç. 1001-1011) because the time in­ (5 U.S.C. 1001-1011) in that (a) the give the Bank the authority to pledge the tervening between the date when infor­ requirements of this import regulation “faith” or “credit” of the United States mation upon which this amendment is are imposed pursuant to section 8e of for the redemption of the Bank’s par­ based became available and the time the Agricultural Marketing Agreement ticipation certificates. The Bank is, when this amendment must become ef­ Act of 1937, as amended (7 U.S.C. 601- howeverj a wholly owned Government fective in order to effectuate the declared 674), which makes such regulation corporation, and it does unconditionally policy of the act is insufficient, and this mandatory; (b) the grade and size re­ guarantee the payment of principal and amendment relieves restrictions on the quirements of this import regulation are interest, when due, on each certificate. handling of Navel oranges grown in Ari­ the same as those to be in effect begin­ (d) In National Cored Forgings Co. v. zona and designated part of California. ning February 1, 1966, on domestic ship­ United States, 132 F. Supp. 454 (1955), Order, as amended. The provisions in ments of oranges under Orange Regula­ the Court of Claims held that a suit paragraph (b)(1) (iii) of § 907.396 (Na­ tion 8 (§ 906.317); (c) compliance with based on a guaranty obligation of the vel Orange Regulation 96, 31 F Jt. 533) this import regulation will not require Reconstruction Finance Corporation,, a are hereby amended to read as follows: any special preparation which cannot wholly owned corporation of the United § 907.396 Navel Orange Regulation 96. be completed by the effective time; and States, could be brought directly against * * * * * (d) this amendment relieves restrictions the United States on the ground that, on the importation of oranges. when the RFC acted within the scope (b) Order. (1) * * * (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. of its statutory authority, it contracted (iii) District 3: 100,000 cartons. 601-674) both in its corporate capacity and as an # * * * * agent of the United States, thereby (Secs. 1-19, 48 Stat. 31, as amended; 7 US.C. Dated: January 20, 1966, to become obligating the latter also. 601-674) effective at 12:01 a.m., e.s.t., February 1, (e) Moreover, the Attorney General 1966. Dated: January 21,1965. of the United States has expressed the P aul A. Nicholson, opinion that obligations guaranteed by Paul A. Nicholson, Deputy Director, Fruit and Veg­ the Development Loan Fund, a wholly Deputy Director, Fruit and Veg­ etable Division, Consumer and owned Government corporation, were etable Division, Consumer and Marketing Service. obligations fully binding on the United Marketing Service. [F.R. Doc. 66-900; Filed, Jan. 25, 1966; States, even though the Congress had [F.R. Doc. 66-899; Filed, Jan. 25, 1966; 8:49 a.m.J neither pledged nor authorized such 8:49 a.m.] Fund to pledge the -“faith” or “credit” of the United States (42 Op. A.G. No. 1 of April 14, 1961 ). That opinion states : [Orange Reg. 7, Arndt. 2] Title 12— BANKS AND BANKING A series of opinions of the Attorney Gen­ PART 944— FRUIT; IMPORT Chapter II— Federal Reserve System eral issued between 1953 and 1959 has estab­ REGULATIONS lished that a guaranty by a Government SUBCHAPTER A— BOARD OF GOVERNORS OF agency contracted pursuant to a congres­ Oranges THE FEDERAL RESERVE SYSTEM sional grant of authority for constitutional [Reg. AJ purposes is an obligation fully binding on Pursuant to the provisions of section the United States despite the absence of 8e of the Agricultural Marketing Agree­ PART 201— ADVANCES AND DIS­ statutory language expressly pledging its ment Act of 1937, as amended (7 U.S.C. COUNTS BY FEDERAL RESERVE “faith" or "credit” to the redemption of the 601-674), the provisions of paragraphs guaranty and despite the possibility that a BANKS future appropriation might be necessary to (a) and (g) of § 944.306 (Orange Regu­ carry out such redemption. lation 7; 29 F.R. 13602; 30 F.R. 11713) Export-Import Bank Participation Cer­ are hereby amended as follows: tificates as Collateral for Advances (f ) On the basis of these authorities, The provisions of paragraphs (a) and the Board has concluded that participa­ (g) are amended to read as follows: § 201.105 Export-Import Bank partici­ tion certificates with respect to which pation certificates as collateral for the Export-Import Bank unconditionally §944.306 Orange Regulation 7. advances. guarantees the payment of principal and (a) On and after 12:01 a.m., e.s.t., (a) The Board of Governors has been interest, when due, are “fully guaranteed February 1, 1966, the importation into asked whether participation certificates by the United States as to principal and the United States of any oranges is pro­ representing interests in loans made by interest” within the meaning of section hibited unless such oranges are inspected Export-Import Bank of Washington 14(b) and are therefore eligible as col­ and grade at least U.S. No. 3, and are of (“Bank”) are eligible as collateral lateral for advances under the eighth a size not smaller than 2%e inches in di­ security for advances by Reserve Banks paragraph of section 13, provided that ameter, except that no more than 10 per­ to member banks. the participation certificates (and any cent, by count, of such oranges in any (b) The eighth paragraph of section sub-participations therein) are fully lot of containers, and not more than 15 13 of the Federal Reserve Act (12 U.S.C. transferrable to the Reserve Banks in percent, by count, of such oranges in 347) provides that any Reserve Bank order that they may possess the same individual containers in such lot, may rights of ownership therein as the be of a size smaller than 2%6 inches in “may make advances for periods not ex­ original purchaser. diameter. ceeding ninety days to its member banks on their promissory notes secured by ( 1$ U.S.C. 248(1). Interprets 12 U.S.C. 347 * * # * * and 355) such notes, drafts, bills of exchange, or (g) It is hereby determined that im­ bankers’ acceptances as are eligi­ Dated at Washington, D.C., this 14th ports of oranges, during the effective day of January 1966. time of this section, are in most direct ble * * * for purchase by Federal Re­ competition with oranges grown in the serve Banks under the provisions of this B oard of Governors of the State of Texas. The requirements set Act.” Under section 14(b) of the Act F ederal R eserve S ystem , forth in this section are the same as (12 U.S.C. 355), the Reserve Banks may [seal] M erritt S herman, those in effect for oranges grown in purchase, subject to limitations not rele­ Secretary. Texas. vant for this purpose, “any bonds, notes, [FR,. Doc. 66-848; Filed, Jan. 25, 1966; • . * * * * or other obligations * * * which are 8:45 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 17—-WEDNESDAY, JANUARY 26, 1966 1002 RULES AND REGULATIONS

or notch does ^ not exist. If the space or conjunction with the takeoffs and land­ notch is filled 'in or if the affected part is ings considered toward the reduction of Title 14— AERONAUTICS AND replaced with an assembly on which the space or notch does not exist, no further flight training under this amendment. SPACE inspections are required by this AD. Normally, it is not performed during the Chapter I— Federal Aviation Agency (d) Upon request of the operator, an FAAen route portion of the flight when the maintenance inspector, subject to prior ap­ attendant’s duties are primarily devoted XDocket No. 6970; Amdt. 89-183] proval of the Chief, Engineering and Manu­ to the comfort of the passengers. facturing Branch, FAA Southern Region, may PART 39— AIRWORTHINESS Another comment strongly recom­ adjust the repetitive inspection intervals mended the requirement for a minimum DIRECTIVES specified in this AD to permit compliance at an established inspection period of the op­ number of takeoffs and landings as a Curtiss-Wright Model C-46 Airplanes erator if the request contains substantiating training requirement, but did not sup­ data to justify the increase for such operator. port it at the expense of a reduction in A proposal to amend Part 39 of the This supersedes Amendment 349 (26 F.R. the present number of hours of initial Federal Aviation Regulations to super­ 9816) AD 61-22-5, as amended by Amend­ training. In fact, the comment recom­ sede Amendment 349 (26 F.R. 9816), AD ment 556 (28 F.R. 3781). mended an increase in the number of 61-22-5, as amended by Amendment 556 This amendment becomes effective hours for initial flight training with a (28 F.R. 3781), with a new directive to February 25, 1966. specified number of takeoffs and land­ require an X-ray or equivalent method ings that could be applied to the of inspection of the weld bead between (Secs. 313(a), 601, 603, Federal Aviation Act increased hours of flight training. An the drag strut tube and the lower end of 1958 (49 UJ5.C. 1354(a), 1421, 1423)) increase in the hours of initial flight as­ fittings on the main gear of Curtiss- Issued in Washington, D.C., on Jan­ signment is beyond the scope of Notice Wright Model C-46 airplanes was pub­ uary 19,1966. 65-21, and, therefore, could not be con­ lished in 30 F.R. 13324? C. W. Walker, sidered as a part of this rule. However, Interested persons have been afforded Acting Director, as stated in the notice, the Agency feels an opportunity to participate in the Flight Standards Service. that this amendment will provide an making of the amendment. No objec­ [F.R. Doc. 66-856; Filed, Jan. 25, 1966; opportunity for flight attendants and tions were received, therefore no substan­ 8:45 a.m.] aircraft dispatchers to gain the necessary tive changes have been made in the AD, experience in required safety activities, although minor changes in format have and thereby enhance the quality of their been made. [Docket No. 6897; Amdt. 121-16] , training. It should be emphasized that In consideration of the foregoing, and even with the adoption of this amend­ PART 121— CERTIFICATION AND OP­ pursuant to the authority delegated to ment, at least 2% hours of flight in an me by the Administrator (25 F Jt. 6489), ERATIONS: DOMESTIC, FLAG, AND initial flight assignment are still re­ § 39.13 of Part 39 of the Federal Aviation SUPPLEMENTAL AIR CARRIERS AND quired for flight attendants and aircraft Regulations is amended by adding the COMMERCIAL OPERATORS OF dispatchers, since the substitution of LARGE AIRCRAFT takeoffs and landings cannot reduce the following new airworthiness directive: required hours by more than 50 percent. Cu r tiss-W right. Applies to Model C-46 Se­ Training Program; Initial Flight A further comment with regard to ries airplanes. Assignment Notice 65-21 questioned the present Compliance required as indicated. existence of a requirement for a mini­ To prevent failure of the main landing The purpose of this amendment is to gear drag struts, accomplish the following, mum number of hours of initial flight permit a reduction in the hours of initial assignment for aircraft dispatchers. unless already accomplished: flight assignments for flight attendants (a) Within the next 200 hours’ time in This comment indicated that, while the service after the effective date of this AD, and aircraft dispatchers, based on the applicable number of hours programmed inspect the weld in the main landing gear substitution of one takeoff and one land­ appears in column V in Appendix E, that drag strut that joins the lower end fittings, ing for one required hour of flight. It column is referred to only in § 121.425, P/N 20-310-1018-2, to the drag strut tubes, is also for the purpose of clarifying the which is not applicable to aircraft dis­ P/N 20-310-1017—7 and —8, for the presence basic requirement of a minimum number of a space or notch formed by the filleted patchers. This question apparently arose of hours in initial flight familiarization as a result of note (e) in Appendix E shoulder on the end fitting and the weld. for these dispatchers. If the weld bead does not extend from the which may be interpreted to mean that strut tube to the outer edge on the shoulder This amendment is based on a notice the programmed hours of column V are of the fitting, completely filling the area be­ of proposed rule making (Notice 65-21), to satisfy the requirements of § 121.425 tween the tube and the shoulder, this area issued September 2, 1965, and published only. However, notwithstanding the must be inspected for external and internal in the F ederal R egister on September 9, note, § 121.414(a) requires the training cracks using X-ray or an FAA-approved 1965 (30 F.R. 11530). The basis for this programs for each dispatcher to include equivalent. If cracks are found, the drag amendment, other than the clarifying strut must be replaced before* further flight. the programmed hours of initial train­ provision regarding aircraft dispatchers, ing set forth in Appendix E. To preclude (b) When inspected in accordance with is fully discussed in that notice. paragraph (a) ,if the weld bead extends from further misunderstanding in this regard the drag strut tube, P/Ns 20-310-1017-7 and The comments received in response to note (e) in Appendix E is hereby deleted. -8, to the outer edge on the shoulder of the Notice 65-21 generally concurred with the adoption of this amendment. One, Interested persons have been afforded lower end fitting, P/N 20-310-1018-2, com­ an opportunity to participate in the pletely filling the area between the tube and however, contended that the proposal the shoulder, no further inspections are re­ would take away essential training for making of this amendment and due con­ sideration has been given to all relevant quired by this AD. flight attendants since they are strapped (c) When Inspected in accordance with in their seats during takeoff and landing. matter presented. In addition, since the paragraph (a), if the weld bead does not deletion of note (e) is merely clarifying While it is true that § 121.311(b) requires extend from the drag strut tube, P/Ns 20- in nature and imposes no additional 310-1017-7 and -8, to the outer edge on the all occupants (including the attendants) to be secured with their safety belts dur­ burden on. anyone, I find that notice and shoulder of the lower end fitting, P/N 20- public procedure hereon are unnecessary, 310-1018-2, completely filling the area be­ ing takeoff and landing, compliance with tween the tube and the shoulder, compliance that requirement will not negate the pur­ and that good cause exists for making it with subparagraph (1) or (2) is required. pose of this amendment as it applies to effective on less than 30 days’ notice. (1) Reinspect struts. Inspected in accord­ cabin attendants. From the standpoint In consideration of the foregoing, Part ance with paragraph (a) at intervals not 121 of the Federal Aviation Regulations 400 of safety training of the attendants in exceeding hours’ time in service from the performance of passenger briefings is amended effective January 26, 1966, the last inspection. Replace cracked parts as follows: before further flight. and demonstrations associated with the (2) Pill in the space or notch between use of seat belts, emergency equipment 1. Paragraph (c) (3) of § 121.414 is the tube and the shoulder using an FAA- and exits is an essential item. Although amended to read as follows: approved method or replace the affected as­ this function is performed prior to take­ § 121.414 Curriculum requirements. sembly with an assembly on which the space off and landing, it will be performed in * *. * *

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 RULES AND REGULATIONS 1003

(c) Reduction is programmed hours: 1. Representing, directly or by impli­ 15 U.S.C. 45) [Cease and desist order, Accro cation, that respondents’ water filtration Watch Co., Inc., et al., New York, N.Y., Docket Initial flight training and initial flight 8639, Dec. 2, 1965] assignments. A reduction in the pro­ units or any other products are guaran­ grammed hours of initial flight training teed, unless the precise nature, extent, Order requiring a New York City im­ is permitted as follows: and duration of the guarantee and the porter of watches and watch cases to * * * * * manner in which the guarantor will per­ cease misrepresenting the guarantee on form thereunder are clearly and con­ its watches and the composition and (3) The hoursof initial flight assign­spicuously disclosed; . origin of its watch cases. ment set forth ifrColumn V of Appendix 2. Representing, directly or by impli­ The order to cease and desist is as fol­ E to this part may be reduced (not to cation, that respondents’ water filtration lows: exceed 50 percent) by substituting one units or any of respondents’ other prod­ It is ordered, That respondents, Accro takeoff and one landing for each required ucts, are unconditionally guaranteed Watch Co., Inc., a corporation, and its hour of flight. when a service or other charge is im­ officers, and Joseph Udell, individually * * * * * posed for repairing or replacing said and as an officer of said corporation, and Appendix E is amended by striking products, unless the amounts of said re­ respondents’ representatives, agents and out note (e). pair or service charges are clearly and employees, directly or through any cor­ (Secs. 3i3(a), 601, 604, 605, Federal Aviation conspicuously disclosed in the text of the porate or other device, in connection Act of 1958 (49 U.S.C. 1354, 1421, 1424, 1425) ) guarantee; with the offering for sale, sale or distribu­ 3. Representing, directly or by impli­ tion of watches, or any other products, Issued in Washington, D.C., on Janu­ cation, that respondents’ water filtration in commerce, as “commerce” is defined ary 20,1966. units effectively remove water-borne in the Federal Trade Commission Act W illiam P. McK ee, micro-organisms or viruses capable of do forthwith cease and desist from: Administrator. causing diseases; 1. Offering for sale or selling watches: [F.R. Doc. 66-857; Filed, Jan. 25, 1966; 4. Representing, directly or by impli­ (a) The cases of which are in whole 8:45 a.m.j cation, that: or in part composed of base metal which (a) Respondents’ water filtration units has been treated or processed to simulate need-no regeneration or no refilling; or have the appearance of precious metal (b) The filtering material in respond­ or stainless steel, or Title 16— COMMERCIAL ents’ water filtration units will not wear (b) The cases of which are in whole or out or become exhausted; *or in part composed of base metal that has PRACTICES (c) The filtering material in respond­ been treated with an electrolytically ap­ ents’ water filtration units will remain plied flashing or coating of precious Chapter I— Federal Trade Commission effective indefinitely if backflushed with metal of less than iy2 of one-thousandth [Docket No. 8628 o.] water periodically. of an inch over all exposed surfaces after 5. Misrepresenting in any manner, or completion of all finishing operations, PART 13— PROHIBITED TRADE placing in the hands of others the means without clearly and conspicuously dis­ PRACTICES and instrumentalities whereby they may mislead or deceive the purchasing public closing on such cases Or parts the true Sibco Products Co., Inc., and Frank as to the nature or extent of respondents’ metal composition in a form consistent Sibert guarantee, the effectiveness or duration with the Trade Practice Conference of the effectiveness of their water filtra­ Rules for the Watch Case Industry (set Subpart—Advertising falsely or mis­ tion units, the manner or means for re­ forth in the Code of Federal Regulations, leadingly: § 13.70 Fictitious or mislead­ storing or prolonging the effectiveness of Title 16, Chapter I, Part 174). ing guarantees; § 13.170 Qualities or said units; or the capability of respond­ 2. Offering for sale or selling watches, properties of product or service: 13.170- ents’ water filtration units to remove the cases of which are in whole or in 16 Cleansing, purifying. Subpart—Fur­ water-borne micro-organisms or viruses part of foreign origin, without affirma­ nishing means and instrumentalities of capable of causing diseases. tively disclosing the countiy or place of misrepresentation or deception: § 13.1055 By “Final Order” further order re­ foreign origin thereof by marking on the Furnishing means and instrumentalities quiring report of compliance is as fol­ exterior of the cases of such watches on of misrepresentation or deception. Sub­ lows: an exposed surface, or on a label or tag part—Misrepresenting o n e s e l f and It is' further ordered, That the re­ affixed thereto of such degree of perma­ goods—Goods: § 13.1647 Guarantees; spondents herein shall, within sixty (60) nency as to remain thereon until con­ § 13.1710 Qualities or properties. days after service upon them of this or­ summation of consumer sale of the (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. In­ der, file with the Commission a report watches, with such conspicuousness as terpret or apply sec. 5, 38 Stat. 719, as in writing setting forth in detail the to be likely observed and read by pur­ amended, 15 U.SjC. 45) [Cease and desist manner and form in which they have chasers and prospective purchasers. order, Sibco Products Co., Inc., et al., New­ complied with this order. 3. Representing, by use of the words ark, N.J., Docket 8628,»Nov. 22, 1965] “Bonded”, “Guarantee Bond”, or any Order requiring a New Jersey manu­ Issued: November 22, 1965. other words of similar import or mean­ facturer of water filtrators to cease mis­ By the Commission. / ing, that a bond, agreement or insurance representing the effectiveness or the policy has been executed which is sup­ [seal] J oseph W. S hea, ported by a fund set aside by respond­ capabilities of its water filtration units Secretary. and deceptively guaranteeing the per­ ents or any other party for the purpose formance of such units for a period of 10 [F.R. Doc. 66-863; Filed, Jan. 25, 1966; of assuring fulfillment of the terms of re­ years. 8:46 a.m.] spondents’ guarantee or for any other The order to cease and desist is as purpose. follows: [Docket No. 8639] 4. Representing, directly or by impli­ It is ordered, That respondents Sibco PART 13— PROHIBITED TRADE cation, that their watches are guaran­ Products Co., Inc., a corporation, its offi­ teed, unless the nature and extent of the cers, agents, representatives and em­ PRACTICES guarantee, the manner in which the ployees, and Frank Sibert, individually Accra Watch Co., Inc., and Joseph guarantor will perform thereunder, and and as an officer of said corporation, Udell the full identity of the guarantor are directly or through any corporate or ’ clearly and conspicuously disclosed. other device, in connection with the of­ Subpart—Misrepresenting oneself and 5. Misrepresenting, in any manner, or fering for sale, sale or distribution of goods—Goods: § 13.1590 Composition; supplying to or placing in the hands of water filtration units, or any other prod­ § 13.1647 Guarantees; § 13.1745 Source of any retailer or other purchaser means or ucts, in commerce, as “commerce” is de­ origin. instrumentalities whereby retailers or fined in the Federal Trade Commission (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets others may deceive and mislead the pur­ Act, do forthwith cease and desist from: or applies sec. 5, 38 Stat. 719, as amended; chasing public as to:

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 No. 17- 2 1004 RULES AND REGULATIONS

a. The metal composition of watch Trade Commission Act, do forthwith [Docket No. 8656] cases or parts thereof ; cease and desist from representing, di­ PART 13— PROHIBITED TRADE b. The country or place of origin of rectly or by implication, that: watch cases or parts thereof or 1. A customer’s name will be or has PRACTICES c. The nature or extent of respond­ been turned over to a bona fide credit Texas Industries, Inc. ents’ guarantee. reporting agency for failure to pay de­ By “Final Order” further order re­ linquent accounts: Provided, however, Subpart—Acquiring corporate stock or quiring report of compliance is as That it shall be a defense in any enforce­ assets: § 13.5 Acquiring corporate stock follows: ment proceeding instituted hereunder or assets. It is further ordered, That respondents for respondents to establish that where (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets shall, within sixty (60) days after serv­ payment is not received the information or applies sec. 7, 38 Stat. 731, as amended; 15 ice upon them of this order, file with the of said delinquency is referred to a sepa­ U.S.Ci 18) [Order of divestiture, Texas In­ Commission a report, in writing, setting rate, bona fide credit reporting agency. dustries, Inc., Arlington, Tex,, Docket 8656, forth in detail the manner and form in 2. That the general or.public credit Dec. 3,1965] which they have complied with the order rating of a customer whose account is Consent order requiring a Texas pro­ to cease and desist. delinquent will be adversely affected: ducer and seller of Portland cement to Issued: December 2, 1965. Provided, however, That it shall be a sell within 2 years all of the ready-mixed defense in any enforcement proceeding concrete facilities it had obtained By the Commission. instituted hereunder for respondents to through the acquisition of a Memphis, [seal] - J oseph W. S hea, establish that where payment is not re­ Tenn., ready-mix company; and further, Secretary. ceived the information of said delin­ that for 3 years following this divestiture quency is referred to a separate, bona fide [F.R. Doc. 66-864; Filed, Jan. 25, 1966; it shall not produce or sell ready-mixed 8:46 am.] crédit reporting agency. concrete in the Memphis area. 3. Delinquent accounts will be or have The order of divestiture, including fur­ been turned over to a bona fide, separate ther order requiring report of compli­ [Docket No. 8652] collection agency: Provided, however, ance therewith, is as follows: That it shall be a defense in any enforce­ pa r t 13— PROHIBITED TRADE ment proceeding instituted hereunder for i PRACTICES respondents to establish that such ac­ It is ordered, That respondent, Texas counts are in fact turned over to such Industries, Inc. (hereafter “Texas In­ Parente’ Magazine Enterprises, Inc., agencies. dustries”), within 2 years after the ef­ et al. 4. Delinquent accounts will be turned fective date of this order, divest, abso­ Subpart—Misrepresenting oneself and over to an attorney to institute suit or lutely and in good faith, and to a pur­ goods—Business status, advantages, or other legal action to effect payment : chaser or purchasers approved by the connections : § 13.1390 Concealed subsid­ Provided, however, That it shall be a Federal Trade Commission, the follow­ iary, fictitious collection agency, etc, ~ defense in any enforcement proceeding ing ready-mixed concrete facilities lo­ instituted hereunder for respondents to cated in Shelby County, Tenn., acquired (Sec. 6, 38 Stat. 721; 15 UJS.C. 46. Interprets establish such fact. from Fischer Lime & Cement Co., Inc.: a t applies, sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45) [Cease and desist order, Par­ 5. Delinquent accounts will be or have Getwell plant and leasehold interest; ents’ Magazine Enterprises, Inc., et al.. New been turned over to “The Mail Order Bodley plant, together with a suffi­ York, N.Y., Docket 8652, Dec. 3, 1965] Credit Reporting Association, Inc.” for cient portion of the leasehold on which collection or any other purpose. it is located to permit the efficient op­ In the Matter of Parents’ Magazine En­ 6. “The Mail Order Credit Reporting eration of the plant; terprises, Inc., a Corporation, Parents’ Association,' Inc.” any other fictitious Hunter plants 1 and 2 and related fa­ Home Service Institute, Inc., a Cor­ name, or any trade name owned in whole cilities, not including dry-mix facilities, poration, and Edward A. Sand and G. or in part by respondents or over which together with a sufficient portion of the Theodore Zignone, Individually and as respondents exercise any direction or approximately 6-acre site owned by Officers of Each of Said Corporations, control is an independent, bona fide col­ Fischer Concrete Co., Inc., bounded on and Allison R. Leininger, Individually lection or credit reporting agency. the south by Hunter Street to permit and as an Officer of Parents’ Magazine 7. Letters, notices or other communi­ the efficient operation of the plants and Enterprises, Inc., and Eugene J. Foley, cations in connection with the collection related facilities;1 Individually and as an Officer of Par­ of respondents’ accounts which have Portable plant, commonly known as ents’ Home Service Institute, Inc. been prepared or originated by respond­ Allen Road plant, now located at Hunter Order requiring a New York City pub­ ents, have been prepared or originated Street site;2 lisher, to cease misrepresenting in letters by any other person, firm or corporation. Portable plant, commonly known as and notices disseminated to delinquent It is further ordered, That the com­ Pontotoc plant, now located at Linden- customers that its delinquent accounts plaint be dismissed as to the individual Walnut Street property,; * are turned over to an independent, bona respondent Allison R. Leininger. All machinery arid vehicles, including fide collection agency. By “Final Order” further order re­ ready-mixed concrete mixer trucks, com­ The order to cease and desist is as quiring report of compliance is as follows : mitted to the production of ready-mixed follows: It is further ordered, That respond­ concrete. It is ordered, That respondent Parents’ ents Parents' Magazine Enterprises, Inc., With respect to any land required to be Magazine Enterprises, Inc., a corpora­ Parents’ Home Service Institute, Inc., divested hereunder Texas Industries tion, and its officers and respondent Par­ Edward A. Sand, G. Theodore Zignone, ents’ Home Service Institute, Inc., a cor­ and Eugene J. Foley shall, within sixty »Nothing herein shall prevent Texas In­ poration, and its officers and respondents (60) days after service of this order upon dustries from retaining, a right of access over Edward A. Sand and G. Theodore Zig­ them, file with the Commission a report, said site to reach its dry-mixed concrete none, individually and as officers of each in writing, setting forth the manner and facilities, or the right to joint use of the of said corporations, and Eugene J. Foley, form in which they have complied with quality control laboratory or radio commu­ individually and as an officer of Parents’ the order to cease and desist contained nications system facilities there located, or Home Service Institute, Inc., and re­ in the initial decision. agreeing with the person or persons to which spondents’ agents, representatives and divestiture is made for the retention of a Issued: December 3,1965. portion of the tools, service equipment and employees, directly or through any cor­ spare parts at the truck repair shop there porate or other device, in connection By the Commission. located^ with the offering for sale, sale or dis­ [ seal] J oseph W. S hea, * In lieu of divesting said plan, Texas In­ tribution of magazines, publications or Secretary. dustries may remove said plant to a point other merchandise in commerce, as outside Shelby County, Tenn. and Critten­ [F.R. Doc. 66-865; Hied, Jan. 25, I960; den County, Ark., within the time permitted “commerce” is defined in the Federal 8:46 a.m.J .. fpr divestiture nerieunder.v

FEDERAL REGISTER, VOI. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 \

RULES AND REGULATIONS ' 1005 shall have the right, if the person to or affiliates, or owns or controls, directly 629 at Walkerton. At least 24 hours’ whom said land is divested so elects, in or indirectly , more than 1 percent of the advance notice required: Provided, That lieu of selling said land to lease said land outstanding shares of common stock of the draw tender service shall be in­ for a term which, if the lessee exercises Texas Industries. creased on 30 days notice in writing from all its renewal options, will extend for a KL the District Engineer, Corps of Engi­ period of at least 10 years. neers;, the degree of such service to be It is further ordered, That for a period determined by the said District Engineer. Nothing in this paragraph shall be of 3 years from the date upon which deemed to prohibit Texas Industries from the divestiture required by this order is * * * * * retaining, accepting and enforcing bona completed Texas Industries not produce; [Begs., Jan. 7, 1966, 1507-32 (Mattaponi fide liens, mortgages, deeds of trust or sell or distribute ready-mixed concrete River, Va.)—ENGCWr-ON] (Sec. 5, 28 Stat. other forms of security on all or parts in Shelby County, Term., or Crittenden 362; 33 U.S.C. 499) of the assets required to be divested County, Ark. J . C. Lambert, Major General, hereunder for the purpose of securing to IV Texas Industries full payment of the The Adjutant General. price at which said assets are disposed It is further ordered, That Texas In­ [F.R. Doc; 68-807; Filed, Jan. 25, 1966; of or sold, or to prohibit Texas Indus­ dustries, within 60 days after the effec­ 8:45 a.m.] tries from accomplishing the required tive date of this order and every 180 divestiture in whole or in part by means days thereafter until Texas Industries of a lease-purchase agreement or agree­ has fully complied with the divestiture Title 17— COMMODITY AND ments, or a conditional sale or sales, pur­ provisions of this order, submit in writing suant to which Texas Industries retains to the Federal Trade Commission the title to the assets until the purchase names and addresses of all prospective SECURITIES EXCHANGES price is fully paid: Provided, however, purchasers of the assets required to be Chapter II-—Securities and Exchange That if, after bona fide disposal pursue divested by this order with which Texas Commission ant to the divestiture order, Texas In­ Industries has had contacts or negotia­ dustries, by enforcing a bona fide lien, tions; and that Texas Industries, until it [Release Nos. 33-4817, 34-7793, 35-15381, mortgage, deed of trust or other form of has fully complied with the divestiture TT—227, IC-4483, IA-194J security, or by reason of the purchaser’s provisions of this order, maintain a file of PART 231— IN TERPRETATIVE RE­ failure to comply with the terms of a all written communications between it LEASES RELATING TO SECURITIES and such prospective purchasers relating lease-purchase agreement or conditional ACT OF 1933 AND GENERAL RULES sale agreement when and as required, to the potential purchase of said assets, regains control of any of said assets whieh file shall be made available to the AND REGULATIONS THEREUNDER Texas Industries shall divest itself of said Federal Trade Commission in the event PART 241— IN TERPRETATIVE RE­ assets within 12 months from the time of that the divestiture required herein is said reacquisition to a purchaser or pur­ not, completed within 2 years after the LEASES RELATING TO SECURITIES chasers approved by the Federal Trade effective date of this order. EXCHANGE ACT OF 1934 AND GENERAL RULES AND REGULA­ Commission, and provided further that Issued: December 3, 1965. so long as Texas Industries retains a TIONS THEREUNDER security interest with respect to any of By the Commission. PART 251— IN TERPRETATIVE RE­ the assets divested hereunder, or with [seal] J oseph W. S hea, respect to assets as to which divestiture Secretary. LEASES RELATING TO THE PUBLIC is made by lease-purchase or conditional UTILITY HOLDING COMPANY ACT [F.R. Doc. 66-866; Filed, Jan. 25, 1966; sale agreement any part of the sale price 8:46 a.m.j OF 1935 AND GENERAL RULES remains unpaid and owing, Texas In­ AND REGULATIONS THEREUNDER dustries shall not in any calendar year supply more than 35 percent of the port- PART 261— IN TERPRETA TIV E RE­ land cement purchased by the pur­ Title 33— NAVIGATION AND LEASES RELATING TO THE TRUST chaser. of said assets for consumption in INDENTURE ACT OF 1939 AND ready-mix concrete producing facilities divested hereunder. Sales of Portland NAVIGABLE WATERS GENERAL RULES AND REGULA­ cement for consumption in any of said Chapter H—- Corps of Engineers, TIONS THEREUNDER facilities as a result of the specification Department of the Army PART 271— IN TERPRETATIVE RE­ by a customer, in an oral or written agreement with the operator of said fa­ PART 203— BRIDGE REGULATIONS LEASES RELATING TO THE INVEST­ MENT COMPANY ACT OF 1940 cilities, requiring the purchase of Texas Mattaponr River, Va. Industries’ cement, shall not be taken AND GENERAL RULES AND REGU­ into consideration in computing the Pursuant to the provisions of sec­ LATIONS THEREUNDER tion 5 of the River and Harbor Act of amount of cement supplied or consumed PART 276— IN TERPRETATIVE RE­ in accordance with this paragraph. August 18, 1894 (28 Stat. 362; 33 U.S.C. 499), § 203.245 is hereby amended to in­ LEASES RELATING TO THE INVEST­ n clude paragraph (f> (22-a) to govern the MENT ADVISERS ACT OF 1940 AND It is further ordered, That, in any di­ operation of the Virginia Department of GENERAL RULES AND REGULA­ Highways bridge on Route 629, Walker- TIONS THEREUNDER vestiture, Texas Industries not sell or ton, Va., effective 30 days after publica­ transfer, directly or indirectly, any of the tion in the F ederal R egister as follows: Beneficial Ownership of Securities aforesaid assets to any corporation, or to Held by Family Members anyone who is at the time of divestiture § 203.245 Navigable waters discharging an officer, director, employee or agent of into the Atlantic Ocean south of and The Securities and Exchange Commis­ including^Chesapeake Bay and into a corporation, engaged in the production sion is publishing this release to restate1 the Gulf of Mexico, except the Mis­ and clarify the meaning of “beneficial and sale of Portland cement or the prin­ sissippi River and its tributaries and cipal business of which is the distribution outlets; bridges where constant at­ ownership of securities” 2 under the se- of Portland Cement, or to any corporation tendance of draw tenders is not re­ quired. 1 An early interpretation concerning bene­ or person controlled by one of the fore­ ficial ownership of securities held by mem­ going corporations or persons, or to any * * * * * bers of a family was published in S.E.A. Re­ person who at the time of divestiture is (f) Waterways discharging into Ches­lease No. 175 (Apr; 16, 1935) (11 F R . 10968). an officer, director, employee or agent of, This release supersedes S.E.A. Release No. 175. apeake Bay. * * * * The term “beneficial ownership’* as used or under the control or direction of, (22-a) Mattaponi River, Va.; Virginia herein includes both direct and indirect ben­ Texas Industries or any of its subsidiaries Department of Highways bridge on Route eficial ownership.

FEDERAL REGISTER, VOL. 31,. NO. 17— WEDNESDAY, JANUARY 26, 1966 1006 RULES AND REGULATIONS curities acts administered by the Com­ son must report any change in his bene­ Accordingly, where such benefits are mission as such term relates to the bene­ ficial ownership of the issuer’s equity se­ present such securities should be reported ficial ownership of securities held in the curities within 10 days after the end of as being beneficially owned by the re­ name of family members. each calendar month during which any porting person. Moreover, the fact that Although the discussion below relates change occurs.® Persons required to file the person is a relative or relative of a to the reporting of beneficial ownership reports under section 16(a) are also sub­ spouse and sharing the same home as the of Securities under section 16(a) of the ject to section 16 (b) and (c) of the Act.“ reporting person may in itself indicate Securities Exchange Act of 1934 (Ex­ Thus, the determination of whether a that the reporting person would obtain change A ct), it should be noted that gen­ person is the beneficial owner of securi­ benefits substantially equivalent to those erally the same principles apply to dis­ ties held in the name of his spouse, minor of ownership from securities held in the closing beneficial ownership in registra­ children or other relatives is significant name of such relative. Thus, absent tion statements,® annual reports,4 proxy in deciding whether such securities countervailing facts, it is expected that statements,5 applications lor registration should be included in the reports filed by securities held by relatives who share the as a broker-dealer or as an investment officers, directors and beneficial owners same home as the reporting person will adviser,® and statements of eligibility and pursuant to section 16(a). It is also sig­ be reported as being beneficially owned qualification to act as indenture trustee1 nificant in determining whether a person by such person.“ under the securities acts where such dis­ is subject to section 16 as the beneficial A person also is regarded as the bene­ closure is required. owner of more than 10 percent of a class ficial owner of securities held in the name Section 16 of the Exchange Act. Sec­ of registered equity security. of a spouse, minor children or other per­ tion 16(a) of the Exchange Act requires Generally a person is regarded as the son, even though he does not obtain every person owning beneficially, directly beneficial owner of securities held in the therefrom the aforementioned benefits or indirectly, more than 10 percent of a name of his or her spouse and their minor of ownership, if he can vest or revest title class of equity security registered on a children. Absent special circumstances in himself at once, or at some future national securities exchange or registered such relationship ordinarily results in time. pursuant to new section 12(g) of the Act, such person obtaining benefits substan­ In order to determine section 16(a) or who is a director or an officer of the tially equivalent to ownership, e.g., appli­ obligations to report options and similar issuer of such security, to file an initial cation of the income derived from such rights, and securities held in a trust report disclosing the amount of each securities to maintain a common home, or other fiduciary capacity, the appli­ class of the issuer’s equity securities, to meet expenses which such person cable provisions of the rules and regular whether or not registered, which are ben­ otherwise would meet from other sources, tions promulgated under section 16 eficially owned by such person at the time or voting of such securities. Accordingly, should be consulted. the issuer’s securities become registered, a person ordinarily should include in his The final determination of the exist­ or at the time a person becomes such a reports filed pursuant to section 16(a) ence of beneficial ownership under sec­ director, officer or beneficial owner after securities held in the name of a spouse tion 16 is, of course, a question to be de­ registration.8 Thereafter, each such per- or minor children as being beneficially termined in the light of the facts of the owned by him. particular case. It should be noted that A person also may be regarded as the although a report includes the holdings 8 E.g., Item 19, Frincipal Holders of Securi­ ties, Form S -l under the Securities Act of beneficial owner of securities held in the of other members of the family of the 1933 (17 CFR 239.11); ite m 'll, Principal name of another person, if by reason of person filing reports, a person may avail Holders of Securities, Form 10 under the Ex­ any contract, understanding, relation­ himself of the privilege granted by Rule change Act (17 CFR 249.210); Item 15, ship, agreement, or other arrangement, 16a-3 (17 CFR 240.16a-3) and disclaim Twenty Largest Holders of Capital Stock, he obtains therefrom benefits substan­ that such report is an admission of ben­ Form U5B under the Public Utility Act of tially equivalent to those of ownership. eficial ownership of any securities in­ 1935 (listed and described at 17 CFR 259. 5b); cluded in the report. Item 14(b), Persons Owning Equity Securi­ If special circumstances exist indicat­ ties of Registrant, Form N-8R-1 under the section 16 of the Exchange Act attach to ben­ Investment Company Act of 1940 (listed and eficial owners of more than 10 percent of any ing that a person is not the beneficial described at 17 CFR 274.11). class of securities, other than, short-term pa­ dwner of securities held in the name of 4E.g., Item 5, Principal Holders of Securi­ per, issued by a registered closed-end invest­ members of his family, e.g., the person is ties, and Item 6, Directors of Registrant, Form ment company, officers and directors of such divorced or legally separated from his 10-K under the Exchange Act (17 CFR a company, as well as other persons, specified spouse and does not receive any bene­ 249.310); Item 8, Holders of Capital Stock, in section 30(f), having specified relationship fits of ownership from the securities held Form U5S under the Public Utility Act of with such a company. by such spouse—or if he wishes advice 1935 (listed and described at 17 CFR 259.5s); 9 The initial report form, designated Form Item 1.09(b), Persons Owning Equity Securi­ 3 (listed and described at 17 CFR 249.103), is as to whether he should report securities ties of Registrant, Form N-1R under the In­ required to be filed within 10 days after regis­ held by family members as being bene- vestment Company Act of 1940 (17 CFR tration is effective or after a person becomes fically owned—he may write to the Se­ 274.101). the beneficial owner of more than 10 percent curities and Exchange Commission, 5 E.g., Item 5, Voting Securities and Prin­ of a registered class of equity security or a Washington, D.C., 20549, setting forth cipal Holders Thereof, and item 6, Nominees director or officer of the issuer of such se­ and Directors, Schedule 14A Under the Ex­ curity. Changes in beneficial ownership are the relevant facts involved and request change Act (17 CFR 240.14a—101). required to be reported on Form 4 (listed and from the staff of the Commission an ex­ 6 E.g., Item 3(c) of Form BD under section described at 17 CFR 249.104) . By virtue of pression of opinion with respect to 15(b) of the Exchange Act (listed and de­ Rule 72 (17 CFR 250.72) under the Public whether such securities should be re­ scribed at 17 CFR 249.501) and Item 3(c) of Utility Act of 1935 and Rule 30f-l (17 CFR Form ADV under section 203(c) of the In­ 270.30f-l) under the Investment Company ported as being beneficially owned. vestment Advisers Act of 1940 (listed and de­ Act of 1940, Forms 3 and 4 are made appli­ By the Commission, January 19, 1966. scribed at 17 CFR 279.1). cable to the persons required by those acts 7 E.g., Item 6, Voting Securities of the Trus­ to file periodic beneficial ownership reports. [seal] Orval L. D tjB ois, tee Owned by the Obligor or its Officials, Form 10 Section 16(b) provides that profits real­ Secretary. T -l (17 CFR 269.1); Item 4, Securities of the ized by persons required to report pursuant Obligor Owned or Held by the Trustee, Form to section 16(a) from the purchase and sale, [F.R. Doc, 66-875; Filed, Jan. 25, 1966; T-2 (17 CFR 269.2) under section 310(b), or sale and purchase, of any equity security, 8:47 a.m.] (subsections 5, 6, 7, and 8), of the Trust In­ whether or not registered, of the issuer, denture Act of 1939. within a period of less than 6 months inure 11 Where individual members of a f amily a 8 Similarly, under section 17 of the Public to and are recoverable by or on behalf of the hold less than 10 percent of a class of reg­ Utility Act of 1935 periodic ownership reports issuer. Section 16(c) prohibits the sale by istered equity security, but when combined disclosing the beneficial ownership of officers such persons of any equity security of such fn accordance with the Standards herein dis­ and directors of a registered holding company issuer if the person selling the security or his cussed, sUch holdings exceed 10 percent, a iq all securities of their company and any principal (1) does not own the security sold, single filing by the head of the family group Subsidiary company thereof are required, or (2) if owning the security does not as the beneficial owner of more than 10 per­ Also, by virtue of section 30(f) of the Invest­ promptly deliver it against such sale—some­ cent pf a class of registered equity security ment Company Act of 1940, the provisions of times referred to as selling against the box. will suffice.

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 RULES AND REGULATIONS 100T

Land Office, Bureau of Land Manage­ Title 43— PUBLIC LANDS: ment, Anchorage, Alaska. Title 44— PUBLIC PROPERTY IL irry R Anderson, INTERIOR Assistant Secretary of the Interior. AND WORKS Chapter If-—Bureau of Land Manage­ J anuary 20,1966. Chapter IV— Business and Defense ment, Department of the Interior [ i a Doc. 66-870; Filed; Jan. 25, 1966; Services Administration, Depart­ 8:47 a.m.] ment of Commerce APPENDIX—PUBLIC LAND ORDERS [Public Land Order 3920}; [Foreign excess Property Order No. 1} [Misc-50659] . Title 41— PUBLIC CONTRACTS PART 401 — FOREIGN EXCESS ALASKA PROPERTY Modification of Public Land AND PROPERTY MANAGEMENT Property Sold by Foreign Governments Order No. 639 Chapter 101— Federal Property Not Acting as Agents for U.S, By virtue of the authority vested in Management Regulations Government the President and pursuant to Executive SUBCHAPTER H—UTILIZATION AND DISPOSAL On September 14,1965, there was pub­ Order No. 10355 of May 26, 1952 (17 F.R. PART 101-43— UTILIZATION OF lished in the F ederal R egister (30 F.R. 4831), it is ordered as follows; 1X728) a notice of proposed rule making, 1. Public Land Order No. 639 of April PERSONAL PROPERTY Property Sold by Foreign Governments 26, 1950, which reserved the following Subpart 101—43.3— Utilization of Not Acting as Agents for the U.S. Gov­ described lands for the use of the De­ ernment. Said notice provided for the partment of the Air Force, is hereby Excess submission of views or arguments in modified to the extent necessary to per­ writing to the; Foreign Excess Property mit Teasing the lands under the Mineral E xcess Motor Vehicles for Upgrading, R eplacement, or E mergency F urposes Office of the Department of Commerce Leasing Act of February 25, 1920 (41 within 20 days following the day of pub­ Stat. 4371, as amended and supplemented This amendment permits the acquisi­ lication of the notice; of proposed rule (30 U.S.C. 181, et seq.l; tion of excess passenger motor vehicles, making. Views and arguments have S eward Meridian fbr upgrading or replacement purposes, been received in writing and have been Fire Island, located approximately in lati­ provided the replaced vehicles are considered. Editorial, procedural and tude 61 “10' N., longitude 150° 15' W., near promptly reported as excess property. It substantive modifications have been the head oi Cook Inlet, which, when sur­ also requires the use of available excess made in the text of the proposed rule veyed, will probably be: passenger motor vehicles to meet tem­ making. : > T. 12 N., R. 5 W., porary emergency needs prior to hiring insofar as the Administrative Pro­ Secs. 4 to 9, incl., 17 and 13. motor vehicles from private sources. cedure Act may be applicable hereto, a T. S R , R. 5 ¥ , Section 101-43.302 is amended by general policy statement that certain Secs. 31 to 34, incl. adding a new paragraph (e), as follows: personal property sold by foreign govr T. 12 N., R. 6 W., § 1 0 1 —43.302 Agency responsibility. ernments shall not be classified as foreign Secs. 13 and 14. excess property under the definitions in * . * . * * The areas described aggregate approx­ the Federal Property and Administrative imately 4,240 acres. (e) When acquiring an excess pas­ Services Act of 1949, as amended, section 2. Applications and offers received at senger motor vehicle without reimburse­ 3 (40 U.S.C. 472) and section 402 (40 or prior to 10 a.m. on February 25, 1966, ment for upgrading or replacement pur­ U.S.C. 512) is hereby published and is shall be considered as simultaneously poses, an agency shall promptly report as made effective upon the date of publica­ filed at that time. Those received after excess the replaced vehicle, in no event tion hereof in the following form: that date and hour shall be considered shall the reporting be later than 30 days Personal property sold by a foreign gov­ in the order of filing. after delivery of the replacement ve­ ernment nbt acting as an agent for the U.S. 3. Easements or rights-of-way may be hicle unless the replacement vehicle is Government, provided there is no evidence granted by the Secretary of the Interior charged to the number of passenger that the property is foreign excess, may he for the directional drilling of oil or gas motor vehicles authorized by current ap­ entered into the economy of the U.S. with­ wells, and for their operation and main­ propriations. When the replaced pas­ out presentation of an FEP Import Author­ senger vehicle is reported excess to GSA, ization. The Foreign Excess Property Officer tenance, from locations on Fire Island and the Collectors of Customs at ports of to privately owned or State owned lands the report shall be documented so as to entry in the United States, Puerto Rico and and to subsurface areas where the Air identify the GSA control number on the the Virgin Islands will accept the following Force has specified that there shall be no transfer document for the replacement documentation as prima facie evidence that drill rig construction. Provided also vehicle. Agencies having a temporary such property qualifies for entry under this that no facility shall be constructed emergency need for passenger motor ve­ policy: having a top elevation exceeding 267 feet hicles, and having authority to hire 1. A copy of the sales brochure issued by above sea level. motor vehicles, shall obtain such Vehicles the foreign government which identifies the from excess when they are not available specific item presented for importation; ' 4. All leases, permits, easements and 2. A copy of the Notice of Award or Con­ rights-of-way issued or granted pursuant from a GSA motor pool, prior to hiring tract of Sale issued by the foreign govern­ to this order shall contain stipulations vehicles from private sources. Such ment to the purchaser of the property which acceptable to (a) the Department of the temporary emergency use shall not ex­ identifies the property being presented for Air Force, to insure that operations con­ ceed a period of 3 months. entry as being the same as that listed in the sales brochure; and ducted thereunder are compatible with (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) 3. An affidavit by the importer of record the primary use of the lands for military Effective date. This regulation is ef­ that to the best of his knowledge and belief purposes, and (b).the Coast Guard for the property was never sold as surplus prop­ such of the lands as are withdrawn for fective upon publication in the F ederal erty by the United States Government or an lighthouse purposes, to insure that R egister. agency thereof. operations conducted under such leases, Dated: January 18,1966. If the importer of record does not procure permits, easements and rights-of-way the property directly from a foreign govern­ are compatible with the usp of the lands L awson B. K nott, Jr., ment, he will be required to present in addi­ Administrator of General Services. tion to the documents specified in 1, 2, and 3 for lighthouse purposes. above, invoices Which trace the chain of Inquiries concerning the lands should [FJt. Doc. 66-887; Filed, Jan. 25, 1966; ownership from the foreign government to be directed to the Manager, District and 8:48 am.] the Importer of record.

FEDERAL REGISTER, VOL. 31, NO. 1 ?— WEDNESDAY, JANUARY 26^ 1966 1008 RULES AND REGULATIONS

If any of the documents called for above These open areas, comprising 400 acres, § 33.5 Special regulations; sport fish­ are in a foreign language, the importer of, are delineated on a map available at the ing; for individual wildlife refuge record must simultaneously present English translations thereof. refuge headquarters and from the office areas. of the Regional Director, Bureau of S outh Carolina B usiness and Defense S erv­ Sport Fisheries and Wildlife, 809 Peach­ CAPE ROMAIN NATIONAL WILDLIFE REFUGE ices Administration, tree-Seventh Building, Atlanta, Ga., F orrest D. Hockersmith, 30323. Sport fishing shall be in accord­ Sport fishing on the Bulls Island Unit Acting Administrator. ance with all applicable State regulations of the Cape Romain National Wildlife Refuge, McClellanville, S.C., is permitted [F.R. Doc. 66-853; Filed, Jan. 25, 1966; subject to the following special condi­ 8:45 am.) tions: only on the areas designated by signs as (1) The sport fishing season on the open to fishing. These open areas, com­ refuge extends from March 15, 1966, to prising 580 acres, áre delineated on a map October 25, 1966. available at the refuge headquarters and (2) Fishing permitted during daylight from the office of the Regional Director, Title 50— WILDLIFE AND hours only. Bureau of Sport Fisheries arid Wildlife, (3) Boats with motors prohibited. 809 Peachtree-Seventh Building, Atlanta, FISHERIES (4) Use of live minnows as bait pro­ Ga., 30323. Sport fishing shall be in ac­ hibited. cordance with all applicable State regu­ Chapter I— Bureau of Sport Fisheries The provisions of this special regula­ lations subject to the following special and Wildlife, Fish and Wildlife tion supplement the regulations which conditions: Service, Department of the Interior govern fishing on wildlife refuge areas (1) The sport fishing season on the PART 33— SPORT FISHING generally which are set forth in Title 50, refuge extends from March 15, 1966, Code of Federal Regulations, Part 33. through September 30, 1966, on Jacks Blackbeard Island National Wildlife Creek Pond. W alter A. G resh, (2) Fishing permitted during daylight Refuge, Ga. Regional Director, Bureau of hours only. The following special regulation is is­ Sport Fisheries and Wildlife. (3) Boats with electric motors per­ mitted; gasoline powered engines pro­ sued and is effective on date of publica­ J anuary 17, 1966. tion in the F ederal R egister. hibited. [F.R. Doc. 66-868; Filed, Jan. 25, 1966; The provisions of this special regula­ § 33.5 Special regulations; sport fish­ 8:46 am.) tion supplement the regulations which ing; for individual wildlife refuge govern fishing on wildlife refuge areas areas. generally which are set forth in Title 50, G eorgia PART 33— SPORT FISHING Code of Federal Regulations, Part 33. BLACKBEARD ISLAND NATIONAL WILDLIFE Walter A. G resh, REFUGE Cape Romain National Wildlife Regional Director, Bureau of Refuge, S.C. Sport Fisheries and Wildlife. Sport fishing on the Blackbeard is­ land National Wildlife Refuge, Town­ The following special regulation is J anuary 17,1966. send, Ga., is permitted only on the areas issued and is effective on date of publica­ [F.R. Doc. 66-869; Filed, Jan. 25, 1966; designated by signs as open to fishing/ tion in the F ederal R egister. 8:46 a.m.j

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 1009 Proposed Rule Making

Accordingly, under the authority of president and: treasurer or corresponding DEPARTMENT OF THE TREASURY section 211 (79 Stat, 888) of the Labor- principal officers, in the detail required Internal Revenue Service Management Reporting and Disclosure by the instructions accompanying such Act of 1959 and Secretary’s Order No. 24— form and constituting a part thereof. E 27 CFR Part 5 1 63. (28 F.R. 9172) it is proposed here­ § 409.3 Time far filing annual report. LABELING AND ADVERTISING OF with to implement section 211 by issuing & regulation prescribing the form and (a) Each surety company required to DISTILLED SPIRITS manner for reporting by surety com­ file an annual report by section 211 of Postponement of Hearing panies., the Labor-Management Reporting and Interested persons are accorded 30 Disclosure Act of 1959 and § 409.2 shall A notice of a public hearing to elicit days from the date of publication of this file such report within 150 days after the information concerning the aging effect notice in the F ederal R egister to offer end of the fiscal year. The period of 150 of storage in reused cooperage on neu­ comments concerning the proposed reg­ days within which reports must be filed tral spirits and to consider the amend­ ulation and form. Comments should be is stipulated in lien of the statutory pe­ ment of the distilled spirits labeling and addressed to ; riod of 90 days (Sec. 207(b), 73 Stat. 529; advertising regulations (27 CFR Part 5) Labor-Management Services Administrator, 29 U.S.C. 437 (h) as amended by 79 Stat. was published in the F ederal R egister Ü.S. Department of Labor, 14th and Con­ 888): pursuant to a finding under section for December 31, 1965 (30 F.R. 17170) . stitution Avenue NW;, Washington, D.C. 211 (79 Stat. 888) of the Act that infor­ This notice as published provided that 2021Q. mation required to be reported cannot a public hearing would be held at 10 a.m., Copies of the proposed Form' (LMSA be practicably ascertained within 90 days e.s.t., on February 1, 1966, in Committee of the end of the fiscal year. Room B, Room 1107, State Department S -I) may be obtained upon request to the Labor-Management Services Admin­ (b) Initial reports, are required for fis­ Building, 2201 C Street, NW.,. Washing­ istrator. cal years beginning on or after January I, ton, D.C. The time and place for the 1966. hearing have been changed to 10 a.m., PART 409— SURETY REPORTS e.s.t., on April 21, 1966, in Room 3312, 1 409.4 Personal responsibility for filing sec. of reports. Internal Revenue Building, 12th and 409.1 Definitions. rr Constitution Avenue NW., Washington; 409.2 Annual report. Each individual required to .file a re­ D;C. 409.3 Time for filing annual report. port Under section 211 of the Labor- 409.4 Personal responsibility for filing of [seal! Harold A. S err, Management Reporting and Disclosure reports. Act of 1959, shall be personally respon­ Director, Alcohol and Tobacco 409.5 Maintenance and retention of records. Tax Division* Internal Rev­ 409.6 Publication of reports required by this sible for the filing of such: reports and enue Service. part. for the accuracy of the information con­ tained therein. |FJR. Doc. 66-894; Piled, Jan. 25, 1966; Au th o rity: The provisions of this Part 409 8:48 a.m.] issued under sec. 211 (79 Stat. 888) and Sec­ §409.5 Maintenance and retention of retary’s Order No. 24-63 (28 F.R. 9172). records. § 4 0 9 .1 Definitions. Each surety required to file any re­ DEPARTMENT OF LABOR As used in this part, the term : port under this part shall maintain rec­ Labor-Management and Welfare- (a) “Fiscal year” means the calendar ords on the matters required to be re­ Pension Reports Office year, or other period of 12 consecutive ported which will provide in sufficient calendar months; Once reported on one detail the necessary basic information £29 CFR Part 409 1 basis, a change in the reporting year and data from which the reports filed- REPORTS BY SURETY COMPANIES shall be effected only upon prior approval with the Office of Labor-Management hy the Director, Office of Labor-Manage­ and Welfare-Pension Reports may be Notice of Proposed Rule Making ment and Welfare-Pension Reports. verified, explained or clarified and (b) “Corresponding principal officers’* The Labor-Management Reporting checked for accuracy and completeness, shall include any person or persons per­ and shall keep such records available for and Disclosure Act of 1959 (Sec, 502, 73 forming or authorized to perform princi­ examination for a period of not less than Stat. 536, 29 U.S.C. 502) was amended pal executive functions corresponding to September 29, 1965, by the addition of a those of president and treasurer of any five years after the filing of the reports new section (Sec. 211, 79 Stat. 888) re­ surety underwriting a bond for which based on the information which they quiring each surety company which is­ reports are required under section 211 of contain. sues any bond required by the Labor- the Labor-Management Reporting and §. 409.6 Publication, of reports required Management Reporting and Disclosure Disclosure Act of 1959. Act or the Welfare and Pension Plans by this part. Disclosure Act (Sec. 13, 76 Stat. 39, 29 § 409.2 Annual report. Section 2.4 of this title shall govern U.S.C. 308(d)) to file annually with the Each surety company having in force inspection and examination of any re­ Secretary of Labor, with respect to each any bond required by section 502 of the port or other document filed as required fiscal year during which any such bond Labor-Management Reporting and Dis­ by this part, and the furnishing by the was in force, a report, in such form and closure Act of 1959 or section 13 of the Office of Labor-Management and Wel­ detail as the Secretary may prescribe by Welfare and Pension Plans Disclosure regulation, filed by the president and fare-Pension Reports of copies thereof Act during the fiscal year, shall file with to any person requesting them. treasurer or corresponding principal of­ the Office of Labor-Management and ficers of the surety company, describing Welfare-Pension Reports, U.S. Depart­ Signed at Washington, D.C., this 19th its experience under each such Act. Sec­ ment of Labor, Washington, D.C;, 20210; day of January 1966. tion 211 provides that if the Secretary a report, on U.S. Department of Labor J ames J . R eynolds, finds that specific information cannot Form LMSA S -l entitled "Surety Com­ be practicably ascertained or would be Labor-Management Services uninformative, the Secretary may modify pany Annual Report” 1 signed by the Administrator. or waive the requirement for such in­ [F.R. Doc. 66-874; Filed, Jan. 25, 1966! formation. 1 Filed as part of the original document. 8:47 a.m.].

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 1010 PROPOSED RULE MAKING

amendments with respect to other forms Secretary, Board of Governors of the FEDERAL RESERVE SYSTEM of indebtedness that were being used as Federal Reserve System, Washington, a means of avoiding laws or regulations D.C., 20551, to be received not later than [12 CFR Parts 204, 217 1 relating to payment of interest on de­ February 25, 1966. [Begs. D, Q] posits and maintenance by member banks of reserves against deposits. Dated at Washington, D.C., this 20th RESERVES OF MEMBER BANKS; PAY­ The following are illustrations of the day of January 1966. MENT OF INTEREST ON DEPOSITS effects of the presently proposed defini­ B oard of Governors of the Notice of Proposed Rule Making tion of deposits, from the standpoint of F ederal R eserve S y ste m , rules governing payment of interest on [seal] Merritt S herman, The Board of Governors Is considering deposits: Secretary, amending § 204.1 of Regulation D (“Re­ (1) In consideration of the receipt of [F.R. Doc. 66-849; Filed, Jan. 25, 1966; serves of Member Banks”) and § 217.1 of funds, a member bank issues its promis­ 8:45 a.m.] Regulation Q (“Payment of Interest on sory note (either negotiable or nonnego- Deposits”) by inserting at the beginning tiable) to mature in 6 months. The of each the following new paragraph: bank’s liability would be a deposit. Con­ (a) Deposit. The term “deposit” sequently, the rate of interest on the note INTERSTATE COMMERCE means any indebtedness of a member could not lawfully exceed that permitted bank that arises out of a transaction in on a certificate of deposit. COMMISSION the ordinary course of its business with (2) (A. member bank issues its note pay­ respect to either funds received or credit able on demand or within less than 30 [4 9 CFR Part 170 3 extended by the bank, except (1) in­ days, either negotiable or nonego- [Ex Parte No. MC-37 (Sub-No. 6) ] debtedness due to a Federal Reserve tiable. The bank’s liability would con­ Bank, (2) indebtedness due to another stitute a demand deposit, and it could HOUSTON, TEX., COMMERCIAL ZONE bank for its own account that is not re­ not lawfully pay any interest thereon. flected on books or reports of the debtor (3) A member bank purchases sta­ Proposed Redefinition of Limits as a deposit or of the creditor as a bank tionery and office supplies on credit. J anuary 21, 1966. balance, (3) indebtedness arising frdm Such indebtedness would not arise from Redefinition of the limits of the Hous­ a transfer of direct obligations of the “funds received or credit extended by the ton, Tex., commercial zone, heretofore United States that the bank is obligated bank,” and consequently it would not be defined in Ex Parte No. MC-37 (Sub-No. to repurchase, and (4) indebtedness sub­ a deposit. 6), Commercial Zone, Houston, Tex., 92 ordinated to the claims of depositors and (4) A member bank borrows funds on M.C.C. 325. Petitioners: ALAMO E X ­ general creditors that has an original its note, secured by a mortgage on the PRESS, INC., CENTRAL FREIGHT maturity of more than 2 years; Provided, bank premises, and uses the proceeds to LINES, INC., C O N S O L ID A T E D however, That this paragraph shall not pay for renovation. Although this in­ FREIGHTWAYS CORPORATION OF affect the status, for purposes, of this debtedness would arise from “funds re­ DELAWARE (Operator of Southern- part, of any indebtedness incurred prior ceived” by the bank, the transaction Plaza Express, In c.), GULF COAST E X ­ to January 20,1966. would not be “in the ordinary course of PRESS, INC., HERRIN TRANSPORTA­ The present paragraphs (a), (b), (c), its business”, and therefore the indebted­ TION COMPANY, GULF, COLORADO (d), (e), (f), (g), (h ),an d (i) of § 204.1 ness would not constitute a deposit. AND SANTA FE RAILWAY COM­ would be redesignated as paragraphs (b), (5) A member bank lends funds to a PANY, SANTA FE TRAILS TRANS­ (c), (d), (e), (f), (g), (h), (i), and (j), customer and credits the proceeds to his PORTATION COMPANY, MISSOURI respectively. The present paragraphs account. The amount so credited would, PACIFIC RAILROAD COMPANY, MIS­ (a ) , (b), (c ), (d), and (e) of § 217.1 as heretofore, be a deposit. SOURI PACIFIC TRUCK LINES, INC., would be redesignated as paragraphs (6) A member bank receives funds, in SOUTHERN PACIFIC COMPANY, AND (b ) , (c ), (d), (e), and (f), respectively. the ordinary course of its business, from If adopted by the Board, it is contem­ SOUTHERN PACIFIC TRANSPORT a correspondent bank—whether member COMPANY. Petitioner’s attorneys: plated that the amendments would be or nonmember, domestic or foreign. Phillip Robinson, 721 Brown Building, made effective approximately 60 days Consistent with traditional practice and Austin, Tex., 78701; Leroy Hallman, 4555 after the date of their adoption. The understanding of the parties, the liability amendments would apply not only to First National Bank Building, Dallas, of the recipient bank would be a deposit. Tex., 75202; Walter Caven, Post Office any indebtedness within their coverage The proposed definition of “deposit”, Box 717, Austin, Tex., 78701; Ballinger incurred after the effective date but also however, would except from its coverage to any such indebtedness outstanding on Mills, 801 Santa Fe Building, Galveston, an interbank indebtedness that is Tex.; and Edwin N. Bell, 1600 Esperson the effective date that was incurred after entered and reported by both banks as a January 20,1966. Building, Houston, Tex. By petition loan transaction. A loan of what are filed January 14, 1966, Alamo Express, During the past year, a number of commonly termed “Federal funds” is an banks have issued promissory notes as Inc., and 10 other motor and rail carriers example of an indebtedness that would request the Commission to reopen the a means of obtaining additional funds. fall within such exception. It is now apparent that this practice re­ above proceeding for the purpose of re­ (7) A member bank issues debentures defining the limits of the Houston, Tex., sults in avoidance of laws and regula­ or notes to provide additional “capital” tions governing payment of interest on commercial zone, which were most re­ funds. By contract, the claim of the cently defined on March 5,1963, in Com­ deposits and maintenance of reserves security holders against the assets of the against deposits. mercial Zone, Houston, Tex., 92 M.C.C. bank is subordinated to the claims of de­ 325 (49 CFR 170.34), so as to exclude (1) The proposed amendments to Regula­ positors and all other creditors. Such tions Q and D are designed to prevent Texas City, Tex., and (2) other points in notes are excepted from the definition of Galveston County, Tex., south of Kemah, evasions of those laws and regulations deposit if they have an original maturity and are based upon the premise that, Tex., south of Texas Farm Road 518, and of more than 2 years. south of Texas Farm Road 528. with few exceptions, indebtedness of This notice is published pursuant to member banks must be considered and The effect of the proposed revision section 4 of the Administrative Procedure would be to remove in part the exemp­ treated as deposits subject to Regula­ Act and section 1(b) of the rules of tions Q and D in order to effectuate Con­ tion applicable under section 203(b)(8) procedure of the Board of Governors of of the Interstate Commerce Act to in­ gressional directives and policies, as ex­ the Federal Reserve System (12 CFR pressed in section 19 of the Federal Re­ 262.1(b)). terstate transportation performed with­ in the Houston commercial zone, and to serve Act. To aid in the consideration of this The amendments are intended prin­ make such transportation to and from matter by the Board, interested persons the points described in (1) and (2) above cipally to bring promissory notes within are invited to submit relevant data, subject to all the requirements of the the definition of deposits. However, the views, or arguments. Any such material Interstate Commerce Act, including the Board would be prepared to adopt similar should be submitted in writing to- the filing of rates and the necessity for ob-

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 PROPOSED RULE MAKING m i taining operating authority. A petition above proposed revision of the limits of tice in the office of the Secretary of the seeking similar relief was denied April the Houston, Tex., commercial zone, may Commission for public inspection and by 30, 1965, in Commercial Zone, Houston, do so by the submission of written data, filing a copy thereof with the Director, Tex., 98 M.C.C. 589, without prejudice views, or arguments. An original and Office of the Federal Register. to a subsequent filing supported by more five copies of such data, views, or argu­ By the Commission. complete geographic and economic evi­ ments shall be filed with the Commission dence. on or before March 1, 1966. [seal]' H. Neil G arson, No oral hearing is contemplated at this Notice to the general public of the Secretary, .time, but anyone wishing to make rep­ matter herein under consideration will [F.R. Doc. 66-877; Filed, Jan. 25, 1966; resentations in favor of, or against,, the be given by depositing a copy of this no­ 8:47 a.m.] 1

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 No. 17----- 8 1012

Notices

ment Order No. 701, dated July 23, 1964, Hie area described aggregates 1,116 DEPARTMENT OF THE INTERIOR and Delegation Order ES-66-1 of even acres, more or less, of which about 1,116 Bureau of Land Management date, the functions of the Land Office acres are reclassified as coal lands. Manager, as more particularly set forth [Eastern States Order 66-1] Arthur A. B aker, in Part n and in Part IV, setcion 4.0 of Acting Director. said Order 701, are hereby redelegated LAND OFFICE MANAGER, EASTERN as provided below: J anuary 18,1966. STATES LAND OFFICE, ET AL. (1) The Assistant Manager, Branch [F.R. Doc. 66-867; Filed, Jan. 25, 1966; 8:46 a.m.} Redelegation of Authority by State of Lands and Minerals Adjudication, is authorized to take all actions on the mat­ Director ters listed in section 2.2, subsections National Park Service J anuary 20, 1966. (b) and (d) ; section 2.4, subsection(a) [Order No. 1, Arndt. 2] S ection 1. Redelegation of authority. (4) ; section 2.5, subsections (b) and (c) ; (a) Pursuant to the authority contained sections 2.6 and 2.9; and section 4.0, PETERSBURG NATIONAL subsections 4.0 (a), (b), (d), (e), (f), in section 1.1 of Bureau of Land Manage­ BATTLEFIELD, VA. ment Order No. 701, dated July 23, 1964, and (g ). the authority of the Director, Eastern (2) The Assistant Manager, Branch of Clerk-Stenographer et al.; Delega­ States Office, to take actions on certain Records and Public Services, is author­ tion of Authority Regarding Exe­ specified matters is hereby redelegated ized to take all actions incident to fur­ nishing copies of records, including in­ cution of Contracts for Supplies, as provided below: - Equipment or Services (1) In addition to the authority dele­ formation obtained from such records, gated to the Land Office Managers pur­ as set forth in section 2.2(c). 3. Clerk-Stenographer GS-3. T h e suant to Bureau Order 701, Part n , sec­ (D The Chief, Copy Records Section, Clerk-Stenographer GS-3 may issue tions 2.0 through 2.10, the Land Office also may sign correspondence relating purchase orders not in excess of $300 for Manager, Eastern States Land Office, is to availability of copies of records and supplies or equipment in conformity with further authorized to take all actions on fees payable therefor. applicable regulations and statutory au­ the specific matters listed in Part IV, S ec. 2. The above authorization will thority and subject to availability of section 4.0 of said order. The authority become effective February 1, 1966. This allotted funds. delegated to the Land Office Manager authority may not be redelegated. . 4. Maintenanceman. The M ainte- may be redelegated. nanceman may issue purchase orders not (2) The Manager of the New Orleans Seç. 3. Prior delegations of authority in excess of $300 for supplies or equip­ to the Chief, Minerals Adjudication Sec­ Office at New Orleans, La., is hereby au­ tion, and to the Chief, Lands Adjudica­ ment in conformity with applicable thorized to take all actions on title mat­ tion Section, are revoked. regulations and statutory authority and ters listed in Part I, sections 1.2 (b), (c), subject to availability of allotted funds. (e ); 1.3 (a )(1 ), (d ); 1.5 (a), (b) (2) Doris A. K oivula, 5. Foreman II. The Foreman II may and (3); 1.8 (a)(1); 1.9 (c), (e), (i), Land Office Manager. issue purchase orders not in excess of (j), (n), and (o). This authority may Approved: $300 for supplies or equipment in con­ not be redelegated. J ulian V. Cox, formity with applicable regulations and statutory authority and subject to avail­ ec Director, Eastern States Office. S . 2. Revocation of authority. Pre­ ability of allotted funds. vious delegations of authority to the [F.R. Doc. 66-872; FUed, Jan. 25, 1966; Manager, Eastern States Land Office, to 8:47 a.m.j (National Park Service Order 14 (19 FJB. v the Chief, Branch of Facilitating Serv­ 8824), as amended; 39 Stat. 535, 16 U.S.G., sec. 2; Southeast Region Order 3 (21 F.R. ices, and to the Manager, New Orleans 1493)) Office, are revoked. Geological Survey Dated: January 3, 1966. Sec. 3. The above authorizations will [Wyoming 130] become effective February 1, 1966. WYOMING J ohn T. W illett, Superintendent, J ulian V. Cox, Petersburg National Battlefield. Director, Eastern States Office. Coal Land Classification Order [FJR. Doc. 66-873; Filed, Jan. 25, 1966; Approved: Pursuant to authority under the Act 8:47 a.m.] of March 3, 1879 (20 Stat. 394; 43 U.S.C. Charles H. S toddard, 31) , and as delegated to me by Depart­ Director, Bureau of mental Order 2563, May 2, 1950, under Land Management. authority of Reorganization Plan No. 3 [F.R. Doc. 66-871; Filed, Jan. 26, 1966; of 1950 (64 Stat. 1262), the following de­ DEPARTMENT OF THE TREASURY 8:47 a.m.j scribed lands, insofar as title thereto re­ Bureau of Customs mains in the United States, are hereby [T.D. 66-16] classified as shown: [Eastern States Order 66-2] ALLOWANCE OF DRAWBACK ON S ixth P rincipal Meridian, Wyoming ASSISTANT MANAGER, LANDS AND CERTAIN PETROLEUM PRODUCTS RECLASSIFIED COAL LANDS FROM NONCOAL LANDS MINERALS ADJUDICATION Industry Standards of Potential Pro­ BRANCH, ET AL. Prior classification of the foUowing lands as noncoal is hereby revoked and the lands duction on a Practical Operating Redelegation of Authority by Land are reclassified as coal lands: Basis T. 20 N., R. 78 W., J anuary 19,1966. Office Manager Bee. 7, lots 1 to 4, inclusive, W ^NE^, Section 22.6(g-l) (13) of the customs J anuary 20, 1966. Ey2W % ,W i/2SE y4; Sec. 18, lots 1 to 4, inclusive, E^WVi; regulations (19 CFR 22.6(g-l) (13) ) pro­ S ection 1. Redelegation of authority. Sec. 19, lots 1 and 2; vides that the. exportation of a given (a) Pursuant to the authority contained Sec. 28, SW ^SE^; quantity of a petroleum product affords in section 2.1 of Bureau of Land Manage- Sec. 33, Wi/2NE^, SE^. a proper basis for the allowance of draw-

FEDERAL REGISTER, VOi. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 NOTICES 1013 back under the provisions of section 313 Standards, after verification and adop­ (b), Tariff Act of 1930, as amended, only tion by the Bureau of Customs, may be DEPARTMENT OF AGRICULTURE to the extent that the product could have used to establish that the exported prod­ been produced (together with the quanti­ ucts in the quantity exported could have Consumer and Marketing Service ties of related products concurrently been produced from the quantity of im­ RENSSELAER LIVESTOCK AUCTION, producible) from the imported duty-paid ported duty-paid raw materials desig­ material designated as the basis for the nated by the refiner as the basis for the ET AL. allowance of drawback, allowance of drawback on the exported Deposting of Stockyards Section 22.6 (g-1) (14) provides for the articles. submission by the industry of Industry The following Standards are adopted It has been ascertained, and notice is Standards of Potential Production on a and may be used for the stated purpose. hereby given, that the livestock markets Practical Operating Basis for each type named herein, originally posted on the and class (as defined in § 22.6 (g-1) (4)) [seal] Lester D. J ohnson, respective dates specified below as being of raw material and states that such Commissioner of Customs. subject to the Packers and Stockyards I ndustry Standards of P otential P roduction on a P ractical Operating B asis Act, 1921, as amended (7 U.S.C. 181 et seq.), no longer come within the defini­ C lass I C lass I I C lass I I I C lass IV tion of a stockyard under said Act and Prod u ct crude crude crude crude are, therefore, no longer subject to the (percent) (p ercent) (percent) (percent) provisions of the Act. Name, location of stockyard, and date Motor gasoline...... 83 86 91 99 Aviation gasoline______.. ______■ 20 30 40 17 of posting Special n ap h th as______...... 20 47 47 90 J e t fuel...... 60 65 70 95 Rensselaer Livestock Auction, Rensselaer, Kerosene and range oil______¡ ...... ______.... 32 44 50 35 Ind., Apr. 28,1965. /: Distillate oils...... „ 1 ______... 65 86 89 90 Residual oils...... 99 99 83 45 Ruston Stockyards, Ruston, La., Mar, 7, 1959. L u bricatin g o il s ....,...... 50 51 50 20 South Kentwood Stockyards, Inc., Kentwood, Paraffin w ax...... ? ..■ ___ 2 18 25 ...5 La., Feb. 17,1959. Petroleum coke______... ______41 22 40 12 Alexandria Auction Company, Alexandria, A sp h alt______84 67 37 10 R oad o il______...... _ 100 83 50 10 Minn., Mar. 2, 1960; S till g a s .______16 14 16 20 Austin Livestock Sales Company, Austin, Liquefied refinery gas______; . . . i ___ 55 57 60 46 Minn., July 14,1960. Petrochemical synthetic rubbers______4 6 Columbus Livestock Commission Co., Co­ Petrochemical plastics and re sin s...... ______1 ____ 5 8 All other petrochemical products...... ______.•_____..... 5 25 29 15 lumbus, Miss,, Jan. 14,1959. Franklin County Stockyards, Bude, Miss., Feb.17, 1959. I ndustry Standards of P otential P roduction on a P ractical Operating B asis Tupelo Stock Yard, TUpelo, Miss., Jan. 17, 1962. C lass I I C lass I I C lass I I I C lass I I C l a s s i l i C lass I V Century Sales Service, Mount Vernon, Wash., P rod u ct residual w ax ■ w ax cracking cracking cataly tic May 6,1965. fuel stock distillate d istillate stock stock n ap h th a (percent) (percent) (percent); Wink-Goldendale Sale Yard, Inc., Golden- (percent) (percent) (percent) dale, Wash., Oct. 5,1959. Woodland Auction Yards, Woodland, Wash., - Motor gasoline...... —....: ______5 65 55 100 Feb. 10,1960. Aviation gasolines ______L _i— —. — _ Special naphthas______. J e t fuels______Notice or other public procedure has Kerosene and range o il.... ______:. 60 not preceded promulgation of the fore­ Distillate o ils...... '. ______50 Residual o ils...... 100 5 going rule since it is found that the giv­ Lubricating oils....v...... ing of such notice would prevent the due Paraffin wax______45 , 45 Petroleum coke...... —...... and timely administration of the Pack­ A sp h alt...... 70 ers and Stockyards Act and would, there­ R oad o il______j ______fore, be impracticable, and contrary to S till gas______5 5 Liquified refinery gas.... . ______... ____ 5 5 the public interest. There is no legal Petrochemical synthetic rubbers...... warrant or justification for not depost­ Petrochemical plastics and resin’s ______All other petrochemical products...... 5 5 ing promptly a stockyard which is no longer within the definition of that term I ndustry Standards of P otential P roduction on a P ractical Operating B asis contained in the Act. The foregoing is in the nature of a C lass IV C lass I V C lass I I C lass I V C lass IV rule granting an exemption or relieving a unfinished crude topped unfinished gasoline C lass I V restriction and, therefore, may be made Prod uct j* n ap h th a ! tops crude kerosene for further bu tan e (percent) (percent) (percent) distillate processing1 (percent) effective in less than 30 days after pub­ (percent) (percent) lication in the F ederal R egister. This notice shall become effective upon publi­ Motor gasoline______100 45 2 5 99 99 100 Aviation gasoline___—... ______„_ 13 cation in the F ederal R egister. Special n ap h th as...... 100 48 98 J e t fuels...... 100 53 99 (42 Stat, 159, as amended and supplemented; Kerosene and range o il...... ______16 51 99 7 tJ.S.C. 181 et seq.) Distillate oils______.... 50 19 10 Residual oils______. J._;• r jis_____ ...... 9 70 Done at Washington, D.C., this 19th Lubricating oils______14 Paraffin w a x ...... day of January 1966. P etroleu m cok e______22 otter A sp h alt— —______;...... 75 K . A. P , R oad oil...... 80 Acting Chief, Rates and Regis­ S till gas______14 5 100 trations Branch, Packers and Liquefied refinery gaS.______1______70 8 100 Petrochemical synthetic rubbers.______2 Stockyards Division, Con­ Petrochemical plastics and resins______3 sumer and Marketing Service. All other petrochemical products...... 39 18 8 8 [F.R. Doc. 66-852; Filed, Jan. 25, 1966; [F.R. Doc. 66*833; Filed, Jan. 25,1966; 8:45 a m.] 8:45 am.]

FEDERAL REGISTER, VOL. 31, NO. 17—WEDNESDAY, JANUARY 26, 1966 1014 NOTICES

Office of the Secretary retary to terminate the membership of tent practical, with the existing adminis­ an individual in the Department of Agri­ trative procedures for normal operations. NATIONAL DEFENSE EXECUTIVE culture Executive Reserve unit at any .06 Agencies and offices Shall be re­ RESERVE time. sponsible for necessary information es­ Policies and Organization .05 Representatives of agencies and sential for: offices shall not approach candidates to a. Determining whether the candidate S ection 1. Purpose. .01 The purpose the Reserve regarding membership in the is qualified with managerial experience of this order is to prescribe departmental Reserve except in accordance with re­ in functional areas in which it is con­ policies governing the National Defense quirements established by the Assistant templated he will be assigned; Executive Reserve in the Department of to the Secretary (for Defense Mobiliza­ b. Determining whether nominees will Agriculture. tion Planning), hereinafter referred to be available to function in an executive S ec. 2. Authorities. .01 Section 710 as the Assistant to the Secretary. capacity in the event of an emergency. (e) of the Defense Production Act of .06 Executive Reservists’ nonemer­ Individuals with an obligation to serve 1950, as amended (50 App. U.S.C. 2160 gency activities shall be limited to re­ in thé Ready Reserve of the Armed Ce) ), authorizes the President “ * * * serve orientation and training for pos­ Forces shall be precluded from considera­ to provide for the establishment and sible emergency mobilization, and mem­ tion for membership; training of a nucleus executive reserve bers of the Executive Reserve are not c. Obtaining from each candidate for employment in executive positions in solely by virtue of their designation as prior to designation as an Executive Re­ Government during periods of emer­ such, considered to be officers or em­ servist, a Statement of Understanding gency." ployees of the United States within the (see Exhibit I) 1 covering the conditions .02 Executive Order 11179 of Septem­ meaning of sections 203, 205, 207, and of his availability for employment and ber 22,1964, “Providing for the National 209 of Title 18 of the United States Code. compensation, with the formal concur­ Defense Executive Reserve,” states that: Executive Reservists’ training within the rence of his employer; and “The head of any department or agency meaning of this section shall not include d. Initiating a security clearance. of the Government (hereinafter referred advising, consulting or acting on any .07 Candidates for the Reserve shall to as a Secretary), designated by the Di­ matter pending before an agency, rep­ be drawn as appropriate from all geo­ rector after appropriate consultation, resenting the Department in any ca­ graphical areas, from industry and agri­ may establish a unit of the Executive Re­ pacity, or making any public appearance culture, from private and public institu­ serve (hereinafter referred to as Execu­ as an individual associated with the De­ tions, and from other segments of the tive Reserve Units) in his respective de­ partment of Agriculture by reason of economy concerned with the major partment or agency.” membership in the Executive Reserve. mobilization responsibilities of the re­ .03 Defense Mobilization Order 9700.1 Any Executive Reservist to be engaged spective agency or office. Candidates of February 4, 1965, issued by the Office in these latter activities shall be ap­ may include persons now working in of Emergency Planning, prescribes the pointed by the agency or office involved Government on a full- or part-time basis. basic objectives, authorities, organiza­ as a temporary or intermittent employee .08 Reservists will be selected on the tion, and administration for the National under appropriate statutory authority. basis of each individual’s qualifications Defense Executive Reserve. The Order Under such employment, a Federal em­ to perform the duties and responsibilities provides: “Agencies of the Executive ployee is subject to the conflict-of-in­ of his contemplated mobilization assign­ Branch having emergency responsibilities terest statutes. ment and his availability for assignment are authorized, after appropriate con­ S ec. 4. Organization and administra­ in the event of a national emergency. sultation with the OEP Director, to es­ tion policies. .01 The Department of .09 No officer or employee of the De­ tablish and maintain national units with Agriculture unit of the National Defense partment, acting in an official capacity, field elements of the Executive Reserve. Executive Reserve shall consist of the shall directly or indirectly participate in Such agencies shall recommend individ­ units established by the agencies and of­ any act which, on the ground of race, uals to be designated to serve as mem­ fices of the Department. Policies and color, creed, or national origin, excludes bers of their units. Upon their approval procedures relating to administration of any person from participation in the Na­ by the OEP Director such individuals the Reserve units shall be applicable to tional Defense Executive Reserve or shall be designated by the agency head both national and field elements. otherwise subjects to discrimination, any for a term not to exceed 3 years, and may .02 The National Defense Executive person in the Executive Reserve pro­ be redesignated with the approval of the Reserve unit of the Department of Agri­ gram. (See Departmental Administra­ Director of OEP, for additional 3-year culture shall be under the general direc­ tive Regulations, Title 7, Part 15.) terms.” tion and coordination of the Assistant .04 OEP Circular 9700.2 of February .10 The level of security clearance for to the Secretary, who will be responsible each Reservist shall be as determined by 4, 1965, provides policy guidance in the for the conduct of the program. selection of candidates for membership in the Assistant to the Secretary, in accord­ .03 The Agricultural Stabilization ance with existing security standards. the National Defense Executive Reserve. and Conservation Service, the Consumer The designation of an Executive Reserv­ Sec. 3. General policies. .01 In ac­ and Marketing Service, and any other cordance with section 2.03, it is the policy agency of the Department having emer­ ist shall be withheld until such security of the Department of Agriculture to es­ gency responsibilities are authorized, clearance is obtained. tablish and maintain an Executive Re­ after approval by the Assistant to the .11 Whenever possible, Reservists serve unit to provide an effective reserve Secretary, to establish and maintain a shall be recruited for and assigned to a of executive talent for Government serv­ complement of Reservists, including na­ specific function and a designated re­ ice in the event of an emergency requir­ tional and field elements. porting point in an emergency. ing such employment. .04 The number of Executive Re­ .12 Each agency or office authorized .02 All designations or redesignations servists shall be limited to those for to have an Executive Reserve unit shall of members to the Reserve shall be made which requirements have been estab­ establish a training program for its Re­ by the Secretary of Agriculture on rec­ lished for essential mobilization func­ servists which shall include but not be ommendation of the head of the agency tions assigned to the Agencies and offices or office concerned. Prior to any desig­ of the Department by Chapter 4, Title 1 limited to orientation and workshop ses­ nation, the individual must be approved of the USDA Administrative Regulations, sions, current information on the mobili­ by the Director of OEP, and receive the and as approved by the Assistant to the zation plans of appropriate individual necessary clearance in accordance with Secretary. offices, and information to enable each OEP Circulars 9700.1 and 9700.2. .05 In the interest of practical opera­ Reservist to keep fully abreast of devel­ .03 Designations or redesignations to tion and economy, the program shall be opments in his field which affect the ca­ the National Defense Executive Reserve set ftp in such a way that it functions pacity of the United States to mobilize its shall be for a specific term not to exceed automatically to the extent possible, us­ resources in an emergency, 3 years. ing existing material and staff. The ad­ .04 Nothing in this provision shall be ministrative procedures involved in the 1 Exhibit 1 filed as part of original docu­ deemed to limit the authority of the Sec­ program shall be integrated, to the ex­ ment.

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 NOTICES 1015

.13 Such training programs shall be 12-750 or not available to the Commis­ amended by 30 F.R. 14225 is hereby carried out at the national and field levels sioner until after such application was amended as follows: and will include actual participation in approved, and tests by . new methods, (1) Section 2-320.10 B is revised to the testing of mobilization plans at relo­ evaluated together with the evidence read: cation sites where and when appropriate. available to the Commissioner when the B. Each division shall be under the .14 A Reservist may be transferred application was approved, show that the general supervision of the General Coun­ from one Executive Reserve unit to an­ subject drug is not shown to be safe for sel and the immediate supervision of an other if the agencies or offices concerned use under the conditions of use on the Assistant General Counsel. basis of which the application was ap­ have jointly determined that such action (2) Section 2-320.80 is revised to read: is in the best interests of the Govern­ proved, in that: ment and if the Reservist concurs in the 1. New evidence of clinical experience Sec. 2-320.80. Division of Public transfer. shows that the use of Librax Capsules is Health. The Division of Public Health .15 The designation of a Reservist associated with the occurrence of accen­ shall be responsible for providing legal shall terminate when he has indicated he tuated anticholinergic effects; and service with respect to the Public Health no longer desires to serve, when his serv­ 2. Tests by new procedures capable of Service, S a i n t Elizabeths Hospital, ices are no longer required, or when his detecting and indicating the presence of Freedmen’s Hospital, and the Federal term expires, unless the agency or office impurities establishes that such impuri­ Water Pollution Control Administration. recommends to the Director, Office of ties occurred in amounts that vary from This amendment shall be effective as Emergency Planning, through the As­ lot to lot, and the significance of these of December 31, 1965* impurities has not been adequately sistant to the Secretary, that he be re­ Dated: January 21, 1966. designated for another specific term and studied to demonstrate whether or not his redesignation is approved in accord­ they will cause serious side effects. Alanson W. W illcox, ance with the above. Wherefore, on the foregoing findings General Counsel. of fact and the request of the applicant, [F.R. Doc. 66-891; Filed, Jan. 25, 1966; Sec. 5. Interagency liaison. .01 The the approval of new-drug application No. 8:48 a.m.] Assistant to the Secretary or his designee 12-750 applying to Librax Capsules is shall be responsible for all liaison with withdrawn, effective on the date of sig­ the Office of Emergency Planning in con­ nature of this document. nection with the National Defense Exec­ ATOMIC ENERGY COMMISSION Dated: January 19,1966. utive Reserve Program. NUCLEAR SCIENCE & ENGINEERING .02. The Assistant to the Secretary Winton B. R ankin, or his designee shall represent the De­ • Acting Deputy Commissioner of CORP. partment on the Interagency National Food and Drugs. Petitions for AEC Withdrawal From Defense Executive Reserve Committee. [F.R. Doc. 66-889; Filed, Jan. 25, 1966; Production and Distribution of Cer­ Effective date of signature: January 8:48 a.m.] tain Radioisotopes 21, 1966. Nuclear Science & Engineering Corpo­ Orville L. F reeman, Secretary. ration (“NSEC”) has submitted petitions GERMANTOWN MANUFACTURING dated October 6, November 1, and No­ [F.R. Doc. 66-901; Filed, Jan. 25, 1966; CO. vember 12,1965, requesting that the AEC 8:49 &.m.] withdraw from production and distribu­ Notice of Filing of Petition for Food tion of the following 19 radioisotopes : Additive Calcium Stearyl-2-LactyIate Antimony-124. Lanthanum-140. DEPARTMENT OF HEALTH, EDU­ Pursuant to the provisions of the Fed­ Arsenic-76. Mercury-197. eral Food, Drug, and Cosmetic Act (sec. Arsenic-77. Mercury-203. CATION, AND WELFARE 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Bromine-82. Molybdenum-99. (b) (5) ), notice is given that a petition Cadmium-109. Phosphorus-32. Cadmium-115. Potassium-42. Food and Drug Administration (FAP 6A1893) has been filed by German­ Cadmium-115m. Silver-llOm. [Docket No. FDC-D-89; NDA No. 12-7501 town Manufacturing Co., 5100 Lancaster Copper-64. Sodium-24. Avenue; Philadelphia, Pa., 19131, pro­ Gold-198. Sulfur-35-P-l. HOFFMAN-LA ROCHE, INC. posing amendments to the food additive Gold-199^ regulations to provide for the safe use NSEC’s petitions contain data sheets Librax C a p su le s; Notice of With­ of calcium stearyl-2-lactylate as a drawal of Approval of New-Drug of product specifications and delivery whipping aid in a whipped topping base schedules and include a comparison of Application containing sorbitan monostearate, poly- proposed NSEC prices with prices cur­ sorbate 60, polysorbate 80, carrageenan, rently being charged by the Commission Hoffman-La Roche Inc., Nutley, N.J., and other ingredients that are generally 07110, the applicant for and the holder for the same radioisotopes. of new-drug application No. 12-750 for recognized as safe. The Commission has carefully consid­ Librax Capsules (2.5 milligrams of clidin- Dated: January 20, 1966. ered the petitions and is now proposing to withdraw from routine production and ium bromide, 5 milligrams of chlordia- J . K . K ir k , zepoxide hydrochloride), having re­ Assistant Commissioner distribution of the 19 radioisotopes listed quested the withdrawal of the approval for Operations. above. The AEC will continue to meet of said application, and thereby having requirements for these radioisotopes to waived notice of hearing as provided by [F.R. Doc. 66-890; Filed, Jan. 25, 1966; the extent that the purchaser certifies in section 505 of the Federal Food, Drug, 8:48 am.] writing that he requires material of a and Cosmetic Act (21 U.S.C. 355) and the technical quality which is not commer­ regulations appearing in Title 21, Code of cially available. Federal Regulations, Part 130, prior to Office of the Secretary In accordance with the Commission’s Statement of Policy published on March such withdrawal: STATEMENT OF ORGANIZATION AND The Commissioner of Food and Drugs, 9 ,1965, in the F ederal R egister (30 F JR. by virtue of the authority vested in the DELEGATIONS OF AUTHORITY 3247), the Commission has found that Secretary of Health, Education, and Wel­ Miscellaneous Amendments a demonstrable private capability exists fare by the provisions of the Federal for the production and distribution of Food, Drug, and Cosmetic Act (sec. 505 The Statement of Organization and these radioisotopes and that the NSEC (e), 52 Stat. 1053; 21 U.S.C. 355(e)) Delegations of Authority of the Depart­ petitions otherwise encompass the fol­ and delegated to the Commissioner by ment of Health, Education, and Welfare, lowing factors: the Secretary (21 CFR 2.90), finds that: 22 F.R. 1045, Part 2 thereof entitled, 1. For each of the nineteen radioiso­ New evidence of clinical experience not “Office of the Secretary” under the head­ topes, either there exists effective compe­ contained in new-drug application No. ing, “Office of the General Counsel,” as tition or else the market is very limited

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 1016 NOTICES

and may be served satisfactorily by a sin­ New Hampshire regulations, is available programs for protection against hazards of gle supplier. for public inspection in the Commission’s radiation will be coordinated and compati­ 2. If private production of any of the Public Document Room, 1717 H Street ble; and nineteen radioisotopes were discontin­ NW., Washington, D.C., or may be ob­ Whereas, the Commission and the State ued, the AEC could resume production recognize the desirability of reciprocal rec­ tained by writing to the Director, Divi­ ognition of licenses and exemption from li­ without significant delay. In this con­ sion of State and Licensee Relations, censing of those materials subject to this nection, it is noted that each of the three U.S. Atomic Energy Commission, Wash­ Agreement, and petitions filed by NSEC contains the ington, D.C., 20545. All interested per­ Whereas, this Agreement is entered into statement: “In submitting this petition, sons desiring to submit comments and pursuant to the provisions of the Atomic we do so with the full and confident ex­ suggestions for the consideration of the Energy Act of 1954, as amended; pectation that the venture will not be dis­ Commission in connection with the pro­ Now, therefore, it is hereby agreed between continued in a manner that would ad­ the Commission and the Governor of the posed agreement should send them, in State, acting in behalf of the State, as fol­ versely affect the public interest.” triplicate, to the Secretary, U.S. Atomic lows : 3. The radioisotope prices proposed by Energy Commisison, Washington, D.C., Article I. Subject to the exceptions pro­ NSEC are reasonable and consistent with 20545, within 30 days after initial publi­ vided in Articles II, III, and IV, the Commis­ encouragement of research and develop­ cation in the F ederal R egister. sion shall .discontinue, as of the effective date ment and use, since the proposed prices Exemptions from the Commission’s of this Agreement, the regulatory authority are lower than current AEC prices if han­ regulatory authority which would imple­ of the Commission in the State under Chap­ dling charges and minimum order prices ment this proposed agreement, as well as ters 6, 7, and 8, and section 161 of the Act with respect to the following materials : are considered. other agreements which may be entered A. Byproduct materials; A copy of each of the three petitions into under section 274 of the Atomic En­ B. Source materials; and filed by NSEC, exclusive of company con­ ergy Act, as amended, were published as C. Special nuclear materials in quantities fidential information, is available for in­ Part 150 of the Commisison’s regulations not sufficient to form a critical mass. spection at the Commission’s Public in F ederal R egister issuance of Febru­ Art. II. This Agreement does not provide Docket Room at 1717 H Street NW., ary 14, 1962; 27 F.R. 1351. In reviewing for discontinuance of any authority and the Washington, D.C., and copies may be ob­ this proposed agreement, interested per­ Commission shall retain authority and re­ sponsibility with respect to regulation of: tained by addressing a request to the Sec­ sons should also consider the afore­ A. The construction and operation of any retary, U.S. Atomic Energy Commission, mentioned exemptions. production or utilization facility; Washington, D.C., 20545. Dated at Washington, D.C., this 24th B. The export from or import into the All interested persons who desire to day of January 1966. United States of byproduct, source, or special submit written comments for considera­ nuclear material, or of any production or tion in connection with the Commission’s For the Atomic Energy Commission. utilization facility; proposed actions on the NSEC petitions C. The disposal into the ocean or sea of W. B. M cCool, byproduct, source, or special nuclear waste should send them to the Secretary, U.S. Secretary. materials as defined in regulations or orders Atomic Energy Commission, Washington, of the Commission; D.C., 20545, within 30 days after publica­ P roposed Agreem en t B etw e en t h e U S . D. The disposal of such other byproduct, tion of this notice in the F ederal R egis­ Ato m ic E n erg y Co m m iss io n and t h e S tate source, or special nuclear material as the op Ne w H a m p sh ir e for D iscontinuance op ter. Comments received after that pe­ Commission from time to time determines Certa in Co m m issio n R egulatory Au th o r ­ by regulation or order should, because of the riod will be considered if it is practicable it y and R esponsibility W it h in t h e S tate to do so, but assurance of consideration hazards or potential hazards thereof, not be P ursu a n t to S ectio n 274 o p t h e Atom ic so disposed of without a license from the cannot be given except as to comments E n erg y Act op 1954, as Am ended Commission. filed within the period specified. Whereas, the U.S. Atomic Energy Commis­ Art. III. Notwithstanding this Agreement, The Commission will make a final de­ sion (hereinafter referred to as the Commis­ the Commission may from time to time by cision on the petitions following receipt sion) is authorized under section 274 of the rule, regulation, or order, require that the and evaluation of public comments. Atomic Energy Act of 1954, as amended manufacturer, processor, or producer of any equipment, device, commodity, or other prod­ Dated at Washington, D.C., this 14th (hereinafter referred to as the Act), to enter intd agreements with the Governor of any uct containing source, byproduct, or special djay of January 1966. State providing for discontinuance of the nuclear material shall not transfer possession For the Atomic Energy Commission. regulatory authority of the Commission or control of such product except pursuant within the State under Chapters 6, 7, and 8 to a license or an exemption from licensing W. B. M cCool, and section 161 of the Act with respect to issued by the Commission. Secretary. byproduct materials, source materials, and Art. IV. This Agreement shall not affect special nuclear materials in quantities not the authority of the Commission under sub­ [P.R. Doc. 66-854: Piled, Jan. 25,' 1966; sufficient to form a critical mass; and section 161 b. or i. of the Act to issue rules, 8:45 a.m.] Whereas, the Governor and Council of the regulations, or orders to protect the common State of New Hampshire is authorized under defense and security, to protect restricted Chapter 229, New Hampshire Laws of 1963, data or to guard against the loss dr diver­ to enter into this Agreement with the Com­ sion of special nuclear material. STATE OF NEW HAMPSHIRE mission; and Art; V. The Commission will use its best efforts to cooperate with the State and other Proposed Agreement for Assumption Whereas, the Governor of the State of New Hampshire certified o n ______, that the agreement States in the formulation of of Certain AEC Regulatory Authority State of New Hampshire (hereinafter re­ standards and regulatory programs of the State and the Commission for protection Notice is hereby given that the U.S. ferred to as the State) has a program for the control of radiation hazards adequate to pro­ against hazards of radiation and to assure Atomic Energy Commission is publishing tect the public health and safety with respect that State and Commission programs for for public comment, prior to action there­ to the materials within the State covered by protection against hazards of radiation will on, a proposed agreement received from this Agreement, and that the State desires to be coordinated and compatible. The State the Governor of the State of New Hamp­ assume regulatory responsibility for such will use its best efforts to cooperate with the shire for the assumption of certain of the materials; and Commission and other agreement States in Whereas, the Commission found on _____ the formulation of standards and regulatory Commission’s regulatory authority pur­ programs of the State and the Commission suant to section 274 of the Atomic Energy ------that the program of the State for the regulation of the materials covered by for protection against hazards of radiation Act of 1954, as amended. this Agreement is compatible with the Com­ and to assure that the State’s program will A resume, prepared by the State of New mission’s program for the regulation of such continue to be compatible with the program Hampshire and summarizing the State’s materials and is adequate to protect the pub­ of the Commission for the regulation of like proposed program, was also submitted to lic health and safety; and materials. The State and the Commission the Commission and is set forth below as Whereas, the State and the Commission will usé their best efforts to keep each other an appendix to this notice. Attachments recognize the desirability and importance of informed of proposed changes in their re­ cooperation between the Commission and referenced in the appendix are included spective rules and regulations and licensing, the State in the formulation of standards inspection and enforcement policies »tih in the complete text of the program. A for protection against hazards of radiation criteria, and to obtain the comments and copy of the program, including proposed and in assuring that State and Commission assistance of the other party thereon.

FEDERAL REGISTER, VOL. 31, NO. 17-—WEDNESDAY, JANUARY 26, 1966 NOTICES 1017

(RSA 125, Chapter 229) designating the New ent time and primary emphasis has been Art. VI. The Commission and the State placed on radiation sources not regulated or agree that it is desirable to provide for re­ Hampshire Department o f Health and Wel­ ciprocal recognition of licenses for the ma­ fare, Division of Public Health Services, as otherwise under the jurisdiction of the terials listed in Article I licensed by the other the New Hampshire State Radiation Control Atomic Energy Commission. Agency, with the authority to promulgate, Personnel. The backgrounds of training party or by any agreement State. Accord­ and experience in radiation of persons em­ ingly, the Commission and the State agree amend, and repeal codes and rules and reg­ to use their best efforts to develop appro­ ulations, subject to public hearing; to re­ ployed in the future to fill vacancies on the priate rules, regulations, and procedures by quire the registration of sources of radiation New Hampshire Radiation Control Agency as may be necessary to prohibit and prevent staff will be equivalent to those of the pres­ which such reciprocity will be accorded. ent prospective staff, Following are the Ar t. VII. The Commission, upon its own unnecessary radiation exposure; to enter at initiative after reasonable notice and oppor­ all reasonable times upon any private or pub­ résumés of the backgrounds of the proposed tunity for hearing to the State, or upon re­ lic property for the purpose of determining Agency staff : whether there is compliance with or viola­ quest of the Governor of the State, may F orrest H. B umford terminate or suspend this Agreement and re­ tions of the provisions of RSA 125 and the assert the licensing and regulatory authority rules and regulations issued thereunder; and education vested in it under the Act if the Commis­ to conduct inspections and surveys of radia­ University of New Hampshire—-1937, B.S., sion finds that such termination or suspen­ tion sources and their shielding and im­ mediate surroundings. Mech. Eng. sion is required to protect the public health RSA 125 further authorizes the Governor Special courses in Industrial Hygiene, Radio­ and safety. and Council, on behalf of the State, to enter logical Defense, and Radiological Health, Art. VIII. This Agreement shall become USPHS—DOD—AEC. effective o n ___ _ and shall remain in effect into an agreement with the U.S. Atomic Energy Commission providing for the dis­ MILITARY unless, and until such time as it is termi­ continuance of certain licensing responsibil­ nated pursuant to Article VII. ities of the Federal Government with respect U.S. Army Reserve 1936-1944 (1st Lieut.). Done at Concord, State of New Hampshire, to sources of ionizing radiation and the as­ U.S. Public Health Service (R) , Active Duty in triplicate, this day o f------sumption thereof by the State. 1941-1946 (Lieut., S.G.). History. The New Hampshire State De­ U.S. Public Health Service (R), 1946-Date For the United States Atomic Energy partment of Health and Welfare became in­ (Comm.). Commission. volved wtih radiological health in 1938 when EXPERIENCE G lenn T. Seaborg, Chairman. the Division of Industrial Hygiene was es­ 1937-1940—The Trane Co., La Crosse, Wis., tablished. The Department’s activities in Heating, Ventilating and A.C. Engineer. For the State of New Hampshire. this field were limited initially to the indus­ 1940- 1941—State of New Hampshire, Dept, of trial uses of X-ray and radium for the most J ohn W. K ing, Health, Division of Industrial Hygiene, In­ Governor. part, with some work being done in hos­ dustrial Hygiene Engineer. pitals and in physicians’ and dentists’ offices 1941- 1946—U.S. Public Health Service, In­ William A. St y l es, on request. Au stin F . Qu in n ey , dustrial Hygiene Engineer, Stationed N.H., Emphasis on radiation safety became District of Columbia, Tenn. E m ile S imard, greater with the advent of the atomic energy R obert L. Mallat, Jr., 1946- 1947—State of Ohio, Youngstown, Ohio, program and the availability of radioisotopes . District Industrial Hygiene Engineer. J ames H. Hayes, in the late 1940’s; and in 1950 one of the Executive Council. 1947- 1952—State of New Hampshire, Con­ Division .engineers attended a 6-week course cord, NJH., Industrial Hygiene Engineer, New Hampshire R adiation Protection and in radiation safety at the Brookhaven Na­ Acting Director of Division 1951. R adiation Control Program tional Laboratory. The Division staff also 1952-Date—State of New Hampshire, Direc­ took advantage of the training programs in policies and procedures for th e control op radiological health and safety sponsored by tor, Division of Industrial Hygiene or Bu­ ionizing radiation the U.S. Department of Health, Education, reau of Occupational Health. F oreword and Welfare at Cincinnati, Ohio. RADIATION EXPERIENCE Division personnel were employed on a The following narrative sets forth a brief part-time basis in the Radiological Defense 1941-Date—Experience in industrial, diag­ description of the history, practices, capa­ Program of the New Hampshire Civil Defense nostic, therapeutic, and fluoroscopic X-ray bilities, and proposed activities of the New Agency in the early 1950’s and were author­ machines—safety and health. Health and Hampshire State Radiation Control Agency safety in use of radium in hospitals, clinics, ized to acquire and use Cobalt 60 sources and industry. (hereafter referred to as “the Agency”) of in the training of radiological monitors with­ 1951-Date—State RADEF Officer in Civil De­ the New Hampshire State Department of in state departments in 1953. Two of these fense program. Charge of radiological Health and Welfare, Division of Public Health personnel attended an instructor’s school Services, as they relate to the assumption of sponsofed by the Federal Civil Defense Ad­ defense for State; training of monitors certain regulatory functions of the U.S. and care and maintenance of instruments. ministration and one engineer was tempo­ 1957-Date—Hold AEC licenses for use of Atomic Energy Commission and to the con­ rarily attached to the Civil Effects Test Group sealed sources for use in training and cali­ trol of all sources of ionizing radiation, in­ of the AEC’s Operation Plumbob at Mercury, bration of instruments, including multi­ cluding naturally occurring isotopes and Nev., in 1957. These personnel have since radiation producing machines. participated on a part-time basis in a formal curie (5) Cobalt 60 sources, Cesium 137 The U.S. Atomic Energy Commission is source (120 curie), Including leak testing. training program for community radiological 1961-Date-—Appointed Director, State Radia­ authorized by section 274 of the Atomic monitoring teams and have been licensed Energy Act of 1954, as amended, to enter into by the AEC for the use of a 5-curie Cobalt 60 tion Control Agency, Division of Public an agreement with the Governor of a State source and a 120-curie Cesium 137 source, Health, Department of Health and Welfare. to transfer to the State certain functions for instrument calibration purposes. R ichard S . Dum m of licensing and regulatory control of by­ When the AEC’s licensing program was product, source, and special nuclear ma­ established In 1957, Division personnel began education terial in quantities not sufficient to farm a accompanying the Commission’s inspectors University of New Hampshire—1951, BB., critical mass. The transfer of responsibility on joint inspections of licensed users of Agr. Engineering. with respect to these sources of ionizing radioisotopes in both the industrial and Special courses ; „ \ radiation is made upon the determination medical fields. At about this time inspec­ Industrial Ventilation, Michigan State by the Atomic Energy Commission that the tions and surveys of the medical uses of X- Univ., 1954 (1 week). State has the competency to administer li­ ray were intensified and in 1959 a survey of Radiological Defense Instructor, OCDM, censing and regulatory authority of such all dental office personnel in the state was 1957(1 week). sources. conducted at the request of the New Hamp­ Civil Effects Test Group, AEC Nevada Test The New Hampshire regulatory program shire Dental Society. Site,* 1957 (2 weeks). ■ for the control of sources of ionizing radia­ Training in health physics has been fur­ Civil Defense for Food and Drug Officials, tion will be conducted in such a manner as thered by the attendance of two of the Divi­ USFDA, 1963 (1 week). to effectively protect the public health and sion personnel, a chemist and an engineer, Radiological Health Physics, Oak Ridge In­ safety, and to further the economic growth at a 10-week course at the Oak Ridge Insti­ stitute of Nuclear Studies, 1964 (10 of the State through the encouragement of tute of Nuclear Studies in 1964 and training weeks). the constructive and safe and proper uses in the AEC’s licensing procedures was accom­ MILITARY of radiation. The program will be main­ plished through a 2-week course at the AEC tained so as to ensure compatibility with the Enlisted USNR Nov. 1943-June 1946 (27 mos. regulatory program of the U.S. Atomic offices in Bethesda, Md. active). Energy Commission and with the programs The recommendations of the National Bu­ Enlisted USNR Apr. 1950-Jan. 1952 (12 mos; of other agreement states insofar as possible. reau of Standards with regard to radiation active). Authority. The New Hampshire General shielding and limits of radiation exposure for Commissioned USNR Jan. 1952-date (13 mos. Court, in 1963, enacted enabling legislation humans have been adhered to until the pres­ active).

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 1018 NOTICES

EXPERIENCE Paul Simpson, Sanders Associates, Nashua, tiveness of maintaining control of people in U.S. Naval Reserve (active) Feb. 1951-Mar. N.H. Representing industrial interests on the controlled area. He will review the user’s 1953. committee. records of receipts, transfers, and inventory State of New Hampshire, Dept, of Health, Leonard Hill, Comptroller, State of New of licensed materials, if any. He may physi­ Division of Industrial Hygiene, Apr. 1953- Hampshire, State House, Concord, N.H. cally check the inventory. He will examine date. Representing Governor on State Com­ records concerning any disposal of radioac­ RADIATION mittee. tive material which might have been made. Health and safety of medical and industrial The committee membership will be changed He may make measurements of radiation uses of X-ray and radium; 1953-date, i soinewhat after January 1966, to give a more levels. Prior to the termination of each in­ Teaching radiological defense to local town balanced membership amongst the various spection, the inspector will meet with the and city organizations; 1957-date. professions concerned with radiological management to discuss the results of his in­ Special courses (see Education). health. This committee will keep the Gov­ spection, At this time he will present tenta­ ernor and Council informed on matters rela­ tive oral recommendations or suggestions, J o h n R. S t a n t o n tive to radiation problems within the State. and will attempt to answer questions con­ e d u c a t io n They will also recommend programs and cerning thé regulatory program. policies to the Radiation Control Agency and The inspector will prepare a detailed report St. Anslem’s College, Manchester, N.H.—1955, act as advisors to the Director of the Agency. to inform his superior and the licensee or A.B. Chemistry. Member St, Anslem’s They or certain members of the committee registrant of all the facts and circumstances Chemical Society, 1952-55. will also serve the Agency as an isotope com­ observed during the inspection, including mittee similar to that in use by the AEC. recommendations for the abatement of non- m i l i t a r y Licensing and registration. The State pro­ compliance matters. The report will pro­ Two years active duty with UA Army, 1955- gram provides for the issuance of both spe­ vide the basis for any necessary enforcement 57;. duty, weather observer. Seven years cific and general licenses for radioactive ma­ action by the Agency. with New Hampshire National Guard, 1957 terials. The specific license will be issued to In addition, there will be investigations of to date. authorize the possession of such quantities incidents and complaints involving licensed SPECIAL TRAINING of special nuclear material, source material, or registered sources of radiation to deter­ byproduct material, and other naturally oc­ mine the cause, and measures taken by the Weather Observer School, Port Monmouth, curring radioactive materials, such as ra­ licensee or registrant to cope with the inci­ N.J., 1956 (13 weeks). dium, as are not generally licensed or ex­ dent, whether or not there was noncompli­ Industrial Hygiene Chemistry Course—DOH empted from licensing under the regulations. ance with the regulations, and the steps the USPHS Cincinnati, Ohio, 1963 (2 weeks). General licenses are established in the regula­ licensee or registrant is taking to ensure that Dust Evaluation Techniques Course—DOH tions for the possession of such quantities of a recurrence of the incident will not take USPHS Cincinnati, Ohio, 1963 (1 week). certain radioactive materials as are consid­ place. Civil Defense for Pood and Drug Officials ered to be unlikely to present a hazard to the Enforcement. Minor items of noncompli­ course—USPDA, Concord, N.H., 1963 (1 health and safety of the public under the ance, such as improper signs, failure to label, week). : filing of applications with the Agency or the etc., will be included in the inspector’s report Radiological Health course—AEC—ORINS— issuance'of licensing documents to the par­ and, if the licensee or registrant agrees to Oak Ridge, Tenn., 1964 (10 weeks). ticular persons using the radioactive mate­ correct these irregularities at the time of the EXPERIENCE rial. inspection, the corrective action taken will Persons possessing less than Certain quan­ be reviewed with the licensee or registrant Chemist (Highway Materials Testing)—New tities of radioactive materials, as stated in the during the next periodic inspection. If the Hampshire Department of Public Works regulations, or who possess items containing inspection reveals a noncompliance of à and Highways, 1957-1962. Immediate Su­ certain specified radioactive materials are ex­ more serious nature, the licensee or regis­ pervisor, Paul S. Otis. Principal duties: empted from the licensing requirements of trant will be required to accomplish corrective chemical analysis of paints, tar, asphalt the regulations. action prior to a time fixed by the director of and other highway construction materials. The program also requires that persons the Agency, which time shall be not more Industrial Hygiene Chemist—Occupational having possession of any source of ionizing than ten days subsequent to formal written Health Service, New Hampshire Depart­ radiation other than exempt radioactive ma­ notification of the item of noncompliance by ment of Health and Welfare, 1962 to pres­ terial and radioactive material licensed under the Agency. The licensee or registrant will ent. Immediate Supervisor, Forrest H. the regulations, including machines or de­ be required to inform the Agency in writing, Bumford. Principal duties: (1) Chemical vices capable of producing ionizing radiation, usually within 15 days of formal notification, analysis of trace metals, solvents and shall register such machines or devices with as to corrective action taken and the date it metabolic products of toxins using in­ the Agency on a form provided by the Agency. was accomplished. In these cases, the Agen­ frared spectroscopy, ultraviolet spectro­ The Agency is responsible for evaluating cy’s representative will either conduct a photometry and gas chromatography; (2) applications for and the issuing of licenses. prompt follow-up inspection or the matter monitoring of daily air samples for beta Provision has been made, however, for a radi­ will be reviewed during the next regular activity. ation advisory committee to assist the Agency inspection to insure that corrective action In evaluations which require technical con­ GOVERNOR’S RADIATION ADVISORY COMMITTEE has, in fact, been accomplished. If the reply sultation. The board will consist of persons does not satisfactorily explain the noncom­ Robert Normandi, Ph. D., Chairman, Pro­ highly qualified in the fields of the medical pliance and assure that further violations fessor of Biology and Radiation Biology, uses of radiation, physics, and industry will be prevented, the Agency will take such . St. Anslem’s College, Manchester, N.H. whenever possible. In addition, the Agency administrative actions as are available to it. Holds AEC license. will utilize the applicable licensing criteria Where administrative enforcement of the Frank Dane, M.D., Chief Roentgenologist, of the U.S. Atomic Energy Commission in rules and regulations of the Agency does not Mary Hitchcock Memorial Hospital, Han­ making its evaluations. prove successful, a civil action may be insti­ over, N.H., Radiation Safety Officer, Mary Inspection. Inspections of activities us­ tuted on behalf of the Agency for injunctive Hitchcock Memorial Hospital, Hanover, ing radiation sources will be made on a relief to prevent the violation of the pro­ N.H. Charge of 1,000 curie Cobalt 60 periodic basis. The most hazardous uses of visions of the rules and regulations. teletherapy units. Holds AEC licenses. radiation will be inspected at least once The director of the Agency has legal au­ Laurence Bixby, M.D., Roentgenologist, Dover in each 6-month period, and other uses on a thority, in an emergency situation, to issue City Hospital, Dover N.H., Roentgenologist, less frequent basis, depending upon the rela­ an order, reciting that such an emergency Frisbie Memorial Hospital, Rochester, tive hazard. All licensed or registered activ­ does, in fact, exist and requiring that such N.H. ities will be inspected at least once in each 2- action as he deems necessary be taken to John Lockwood, Sc. D., Chairman, Depart­ year period. meet the emergency. Any person to whom ment of Physics, University of New Hamp­ Announcement of an intended inspection such an order is directed is required by law shire, Durham, N.H. Considerable experi­ may or may not be made prior to its execu­ to comply with the order immediately. ence with various isotopes and member of tion. Any person who receives a notice of viola­ University Radiation Committee. Holds Inspection visits will usually include a tion of the regulations of the Agency and AEC license. comprehensive review by the inspector of the an order reciting that such an emergency J. Copenhaver, Ph. D., Chairman, Dept, of Bi­ licensee’s equipment, facilities, and handling who is required to comply immediately with ological Sciences, Dartmouth College, Han­ or storage of radioactive material, the pro­ the orders of the director of the Agency, in over, N.H. Holds AEC license. cedures, in effect, including actual opera­ an emergency situation, may apply for a Gene Likens, Ph. D., Dept, of Biological Sci­ tion, and interviewing of personnel actu­ hearing before the director of the Division of ences, Dartmouth College, Hanover, N.H. ally involved. The inspector will review the Public Health Services, New Hampshire State Holds AEC license. user’s survey methods and results, personnel Department of Health and Welfare, and a Richard D. Brew, President, Brew Co., Con­ monitoring practices and results, the posting hearing will be afforded within 15 days. cord, N.H. Representing industrial inter­ and labelling used, the instructions to per­ Any person who wilfully violates any of the ests on committee. sonnel, and the methods and apparent effec­ provisions of the rules and regulations of the

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 NOTICES 1019

Agency, or who violates an order of the mission, Washington, D.C., 20573, within In Docket No. CI65-581 the Commis­ Agency, may be guilty of a crime and upon 20 days after publication of this notice sion, by its order issued March 2, 1965, conviction may be punished by a fine or im­ in the F ederal R egister. A copy of any authorized Delta Drilling to sell its pro­ prisonment or both, as provided by law. such statement should also be forwarded duction from the Velrex Field to North­ Reciprocity. The Agency will exempt per­ to the party filing the agreement (as in­ ern pursuant to a contract dated March sons from the licensing requirement of the 13, 1964. On August 17, 1964, Delta regulations who use, transfer, possess, or dicated hereinafter) and the comments receive byproduct, source, or special nuclear should indicate that this has been done. Drilling filed a petition to amend the material in quantities not sufficient to form Notice of agreement filed for approval certificate in Docket No. ÇI65-581 so as a critical mass pursuant to a license issued by: to authorize the sale by Delta Drilling to by the U.S. Atomic Energy Commission or by Mr. Burton H. White, Burlingham, Under­ Northern of gas from additional acreage another agreement state provided that such wood, Barron, Wright & White, 25 Broad­ in the Velrex Field. This gas is also to persons notify the Agency immediately of the way, New York, N.Y., 10004. be transported by Petitioner, according presence of such materials within the state. to the petition to amend. Compatibility. It is the policy of the State Agreement No. 7980—7, between the Petitioner states that no additional of New Hampshire to institute and maintain member lines of the North Atlantic Medi­ a regulatory program for sources for ionizing facilities will be required to render the terranean Freight Conference modifies additional transportation service. radiation so as to provide for a system con­ the Admission, Withdrawal and Expul­ sonant insofar as possible with the standards Protests or petitions to intervene may and regulatory programs of the Federal gov­ sion provisions of the basic agreement, be filed with the Federal Power Com­ ernment and with those of other agreement pursuant to General Order 9 (46 CFR mission, Washington, D.C., 20426, in ac­ States. Part 523). cordance with the rules of practice and [F.R. DOc. 66-937; Filed, Jan. 25, 1966; Dated: January 21,1966.; procedure (18 CFR 1.8 or 1.10) and the 8:49 a.m.j regulations under the Natural Gas Act By order of the Federal Maritime Com­ (157.10) on or before February 8, 1966. mission. T homas L i s i , J oseph H. G utride, CIVIL AERONAUTICS BOARD Secretary. Secretary. [F.R. Doc. 66-886; Filed, Jan. 25, 1966; [F.R. Doc. 66-858; Filed, Jan. 25, 1966; [Docket No. 16857] 8:48 a.m.j 8:45 a.m.j MOTOR CARRIER-AIR FREIGHT FORWARDER INVESTIGATION r ( [Project No. 2559] Notice Postponing Prehearing FEDERAL POWER COMMISSION CENTRAL MAINE POWER CO. Conference [Docket No. CP64-121] Notice of Application for License for Pursuant to the request of counsel for Constructed ■ Project Pacific Intermountain Express Co. and BROOKS PIPE LINE CO. Consolidated Freightways, Inc., the pre- J anuary 19,1966. Notice of Petition To Amend hearing conference in the above-entitled Public notice is hereby given that ap­ proceeding is herebyv postponed until J anuary 19,1966. plication has been filed under the Fed­ February 21, 1966, at 10 a.m., e.s.t., in Take notice that on January 12, 1966, eral Power Act (16 U.S.C. 791a-825r) by Room 726, Universal Building, Connecti­ Brooks Pipe Line Co. (Petitioner), Post Central Maine Power Co. (correspond­ cut and Florida Avenues NW., Washing­ Office Box 6862, Houston. Tex., 77005, ence to: W. H. Kimball, Vice President ton, D.C., before Examiner Merritt filed in Docket No. CP64-121 a petition to and Comptroller, Central Maine Power Ruhlen. amend the certificate of public conven­ Co., 9 Green Street, Augusta, Maine, Dated at Washington, D.C., January ience and necessity issued in said docket 04332), for license for constructed Proj­ 20,1966. on August 10, 1964, by increasing the au­ ect No. 2559, known as the Oakland Proj­ thorized volumes to be transported by ect, located on the Messalonskee Stream, [seal] Merritt R uhlen, tributary to Kennebec River, in the town Hearing Examiner. Petitioner for Brooks Gas Corp. from 8,000 Mcf of natural gas per day to 20,000 of Oakland, Kennebec County, Maine. [F.R. Doc. 66-892; Filed, Jan. 25, 1966; Mcf per day, as more fully set forth in The existing project consists of: (1) 8:48 a.m.] the petition to amend which is on file A concrete dam 14 feet high by 115 feet with the Commission and open to public long comprising a 12-foot wide section on inspection. the right bank with 2 tainter gates and By the order of August 10, 1964, Peti­ a waste gate, a dam section 63 feet long, FEDERAL MARITIME COMMISSION tioner was authorized to transport natu­ and an intake section extending to the NORTH ATLANTIC MEDITERRANEAN ral gas for Brooks Gas Corp. by means of left bank; (2) a reservoir about 2,000 FREIGHT CONFERENCE an existing 6%-inch O.D. pipeline ex­ feet long with an area of 9.6 acres at tending from a point in or near the Vel­ normal pond elevation of 207.1 feet; (3) Notice of Agreement Filed for rex Field Area, in Schleicher County, a 10-foot-diameter steel penstock about Approval Tex., to the Mertzon Gas Processing 530 feet long on the left bank and a surge Plant (Mertzon Plant) located in the tank; (4) a powerhouse on the left bank Notice is hereby given that the follow­ Mertzon Field, Irion County, Tex. Pur­ containing one generating unit with a ing agreement has been filed with the suant to the agreement between Peti­ nameplate rating of 2,800 kw; and (5) Commission for approval pursuant to tioner and Brooks Gas Corp., the volume appurtenant facilities. section 15 of the Shipping Act, 1916, as was not to exceed 8,000 Mcf of gas per Protests or petitions to intervene may amended (39 Stat. 733, 75 Stat. 763, 46 day unless such excess was agreed to by be filed with the Federal Power Com­ U.S.C. 814). Petitioner. mission, Washington, D.C., 20426, in ac­ Interested parties may inspect and ob­ On April 15, 1964, in Docket No. CI65- cordance with the rules of practice and tain a copy of the agreement at the 700 Brooks Gas Corp. was authorized to procedure of the Coinmission (18 CFR 1.8 Washington Office of the Federal Mari­ gather gas produced by Delta Drilling or 1.10). The last day upon which pro­ time Commission, 1321 H Street NW., Co., et al. (Delta Drilling) in the Velrex tests or petitions may be filed is March Room 609; or may inspect agreements at Field and purchased by Northern Natu­ 11, 1966. The application is on file with the offices of the District Managers, New ral Gas Co. (Northern) from Delta Drill­ the Commission for public inspection. York, N.Y., New Orleans, La., and San ing, and to redeliver such gas to Northern J oseph H. G utride, Francisco, Calif. Comments with refer­ after processing at the Mertzon Plant. Secretary. ence to an agreement including a request The volume of gas to be gathered by for hearing, if desired, may be submitted Brooks Gas Corp. and transported by [F.R. Doc. 66t-859; Filed, Jan. 25, 1966; to the Secretary, Federal Maritime Com- Petitioner was 4,000 Mcf per day. 8:45 ajn .j

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 No. 17----- 4 1020 NOTICES [Docket No. CP66-223 ] ment are required hy the public con­ Order No. 264, issued March 27, 1963, EL PASO NATURAL GAS CO. venience and necessity, if a protest or 29 FPC 580, and its acceptance would petition for leave to intervene is timely serve the public interest. Notice of Application filed, or if the Commission on its own However, we desire to make it clear JANUARY 19, 1966. motion believes that a formal hearing that acceptance of Harrell’s offer of set­ is required, further notice of such hear­ tlement shall not be construed as ap­ Take notice that on January 11, ing will be duly given. 1965, El Paso Natural Gas Co. (Appli­ proval of any future increased rate filed Under the procedure herein provided in accordance with its reservations of cant) , Post Office Box 1492, El Paso, Tex., for, unless otherwise advised, it will be 79999, filed in Docket No. CP66-223 an the right to file increases to cover future unnecessary for Applicant to appear or tax increases, and is without prejudice application pursuant to section 7(b) of be represented at the hearing. the Natural Gas Act for permission and to any findings or order of the Commis­ approval to abandon certain natural gas J oseph H. GuramE; sion in any future proceedings*, including compressor facilities at its Aneth Com­ Secretary. area rate or other similar proceedings, involving Harrell’s rate and rate pressor Station, San Juan County, Utah, [FB. Doc. 66-860; Filed, Jan. 25, 1960; and certain compressor and field trans­ 8:46 am .} schedule. mission facilities in the Bisti area, San The Commission finds: The proposed Juan County, N. Mex., all as more fully- settlement of the above-designated pro­ set forth in the application which is on [Docket No. G-17074} ceeding, on the basis described herein, file with the Commission and open to HARRELL DRILLING CO. as more fully set forth in the offer of public inspection. settlement filed with the Commission by Applicant states that its Aneth Com­ Order Accepting Offer of Settlement, Harrell on November 23, 1965, is in the pressor Station was constructed and Requiring Filing of Notice of public interest and appropriate to carry placed in operation for the purpose of Change, Severing and Terminating out the provisions of the Natural Gas Act compressing casinghead gas produced in and should be approved and made effec­ P roceed ing, and Requiring Re­ tive as hereinafter ordered. the Anéth area of San Juan County, funds1 Utah, and that the casinghead gas now The Commission orders: available in the Aneth area can be com­ J anuary 18, 1966. (A) The offer of settlement filed with pressed without utilization of a portion On November 23, 1965, Harrell, Drink­ the Commission by Harrell on November of the 28,400 compressor horsepower in­ ing Co. (Harrell) filed an offer of settle­ 23, 1965, is hereby approved in accord­ stalled at this station. Applicant there­ ment in this proceeding pursuant to ance with the provisions of this order. fore seeks permission and approval to § 1.18(e) of the Commission’s rules of . (B) Harrell shall file, within 30 days abandon 15,600 horsepower at this practice and procedure, and in confonn- from the date of issuance of this order, a station. ity with the second amendment to the notice of change in rate providing for Applicant further states that its six Commission’s statement of general pol­ the 15 cents per Mcf rate specified in its Bisti Compressor Stations and certain icy No. 61-1 (18 CFR 2.56). The offer offer of settlement, and an executed con­ field transmission pipelines were con­ involves a proposed increased rate for tractual amendment to its FPC Gas Rate structed and placed in operation for the the sale of natural gas to Tennessee Gas Schedule No. 1 eliminating the favored- purpose of compressing casinghead gas Transmission Co. (TGT) in the Magnet- nation, price redetermination, and the produced in the Bisti area of San Juan Withers Field, Wharton County, Tex. periodic escalation provisions therefrom. County, N. Mex., and, thereafter, trans­ (Texas Railroad Commission District The notice of change and the contrac­ porting such gas to Applicant’s Chaco No. 3), under Harrell’s FPC Gas Rate tual amendment shall be submitted in Plant. The casinghead gas now avail­ Schedule No. 1, at a presently effective accordance with Part 154 of the Commis­ able in the Bisti area can be compressed rate of 16.16947 cents per Mcf, at 14.65 sion’s Regulations under the Natural Gas Act. and transported without utilization of a p.s.i.a., inclusive of tax reimbursement, portion of the 7,580 horsepower and a being collected subject to refund. The (C) Harrell shall refund to TGT to portion of the field transmission pipe­ proposed increased rate was suspended the date of issuance of this order the lines installed at these stations. Appli­ by order of the Commission for the stat­ difference between the rate collected sub­ cant therefore seeks permission and ap­ utory period, and was made effective, ject to refund under the rate schedule proval to abandon 4,580 horsepower (all subject to refund, on July 6, 1959, by herein and the settlement rate of 15 of the installed horsepower at four of Harrell filing a proper motion in accord­ cents per MÎcf of natural gas at 14.65 these stations) and 3.6 miles of 8% - ance with the Natural Gas Act. Harrell p.s.i.a., with applicable interest computed inch O.D. and 11.2 miles of 10%-inch now proposes a settlement rate of 15.0 to the date of this order, and shall re­ O.D. field transmission pipelines. cents per Mcf, at 14.65 p.sj.a., inclusive port to the Commission, in writing, with­ Applicant proposes to abandon the of present tax reimbursement, for the in 30 days from the date of issuance of pipeline in place and to salvage the com­ remaining term of the contract with this order, the amount of such refund, pressor facilities to inventory for later TGT. Additionally, Harrell proposes to showing separately the amount of prin­ use. eliminate the periodic price escalation, cipal and interest, and the bases used Protests or petitions to intervene may price redetermination and favored-na­ for such determination, together with a be filed with the Federal Power Com­ tion clauses from the subject rate sched­ release from TGT. mission, Washington, D.C., 20426, in ac­ ule. However, Harrell reserves the right (D) Upon notification by the Secre­ cordance with the rules of practice and to file for three-fourths reimbursement tary of the Commission that Harrell has procedure (18 CFR 1.8 or 1.10) and the of any possible future tax increases. complied with the terms and conditions regulations under the Natural Gas Act Approval of the proposed settlement Of the order, the rate and charge of 15 (157.10) on or before February 8, 1966. will result in Harrell refunding approx­ cents per Mcf at 14.65 p.s.i.a., specified Take further notice that, pursuant to imately $18,850, exclusive of interest, and in its offer of Settlement shall be effec­ the authority contained in and subject to a decrease in its annual revenues of ap­ tive as of the date of issuance of this the jurisdiction conferred upon the Fed­ proximately $365 below that which it order, the above designated proceeding eral Power Commission by sections 7 and currently collects and charges TGT for shall be deemed terminated, and severed 15 of the Natural Gas Act and the Com­ the subject sale of natural gas. from the consolidated area rate proceed­ mission’s rules of practice and procedure, The proposed settlement is consistent ing (Texas Gulf Coast Area) in Docket a hearing will be held without further with the provisions of the second amend­ No. AR64-2 without further order of the notice before the Commission on this ap­ ment to the Commission’s statement of Commission. plication if no protest or petition to in­ general policy No. 61-1, issued December _ OS) The acceptance by the Commis­ tervene is filed within the time required 20, I960, 24 FPC 1107, as amended by sion of Harrell’s offer of settlement is herein, if the Commission on its own re­ without prejudice to any findings or de­ view of the matter finds that permission 1 This order was adopted Dec. 1, 1965, be­ terminations that may be made in any and approval for the proposed abandon- fore Chairman Swidler left the Commission. proceeding now pending, or hereafter

FEDERAL REGISTER, VOL 51, NO. 17— WEDNESDAY, JANUARY 26, 1966 NOTICES 1021 instituted by or against Harrell including Oklahoma City, Okla. Authority sought area rate or other similar proceedings. TARIFF COMMISSION to operate as a common carrier, by motor vehicle, over irregular routes, transport­ By the Commission. [AA1921—46] ing: New furniture, new store fixtures [seal! J oseph H. Gutride, TITANIUM DIOXIDE FROM and equipment, and new kitchen equip­ Secretary. WEST GERMANY ment, from points in Kentucky and Ten­ nessee to points in the United States in­ [P.R. Doc. 66-861; Piled, Jan. 25, 1966; Notice of Hearing 8:46 a.m.j cluding Alaska and Hawaii. Note: Ap­ Notice is hereby given that the U.S. plicant states no duplicating authority Tariff Commission, on January 21, 1966, is sought. The purpose of this republica­ [Docket Nos. CI61-246, CI66-562 (CI61-805) ] ordered a public hearing to be held in tion is to show hearing information. connection with the investigation in­ HEARING: February 14, 1966, at the MAYFLO OIL CO. AND OIL & GAS Dinkler-Andrew Jackson Hotel, Nash­ VENTURES, INC. stituted under section 201(a) of the Antidumping Act, 1921, as amended (19 ville, Tenn., before Examiner James A. Notice of Applications U.S.C. 160(a)), with respect to titanium McKiel. dioxide, pigment grade, from West Ger­ No. MC 59238 (Sub-No. 59) (Republi­ J anuary 19,1966. many, manufactured by Farbenfabriken cation) , filed March 1, 1965, published Take notice that on January 3, 1966, Bayer A.G„ Leverkusen, Germany. No­ F ederal R egister issue of March 25, Mayflo OU Co., Republic National Bank tice of the institution of this investiga­ 1965, and republished, this issue. Appli­ Building, Dallas, Tex., filed in Docket No. tion was published in the F ederal R eg­ cant: VIRGINIA STAGE LINES, IN­ CI61-246 and Oil & Gas Ventures, Inc., ister on January 20,1966 (31 F.R. 779). CORPORATED, 114 Fourth Street, SE., Post Office Box 35, Bemardsville, N.J., The hearing will be held in the Hear­ Charlottesville, Va. Applicant’s repre­ filed in Docket No. CI66-562 applica­ ing Room, Tariff Commission Building, sentative: James E. Wilson, Continental tions, as supplemented on January 7, 8th and E Streets NW., Washington, DC., Building, 1735 K Street, Washington 4, 1966, pursuant to section 7(b) of the at 10 a.m., e.s.t., on March 1, 1966. In­ D.C. By application filed March 1, 1965, Natural Gas Act for permission and terested parties desiring to appear and to applicant seeks a certificate of public approval to abandon the sale of nat­ be heard should notify the Secretary of convenience and necessity authorizing ural gas to Transwestem Pipeline Co, the Commission, in writing, at least three operation, in interstate or foreign com­ from the Southeast Elmwood Field, days in advance of the date set for the merce, of passengers and their baggage, Beaver County, Okla., due to decline in hearing. and express and newspapers in the same pressure, all as more fully set forth in vehicle with passengers, between junc­ the applications which are on file with Issued; January 21, 1966. tion Interstate Highway 66 and Inter­ the Commission and open to public in­ By order of the Commission. state Highway 495 and Silver Spring, spection. Md.; from junction Interstate Highway Applicants were authorized to make [seal] D onn N. B ent, 66 and Interstate Highway 495 over In­ the subject sale in a temporary certifi­ Secretary. terstate Highway 495 to junction Mary­ cate issued to Mayflo Oil Co. in Docket [F.R. Doc. 66-895; Filed, Jan. 25, 1966; land Highway 97, thence over Maryland No. CI61-246 and a permanent certifi­ 8:49 a.m.j Highway 97 to junction U.S. Highway 29, cate issued to Oil & Gas Ventures, Inc., thence over U.S. Highway 29 to Silver in Docket No. CI61-805. Concurrently Spring, and return over the same routes with the subject applications Applicants serving no intermediate points.: An filed notices of cancellation of their re­ INTERSTATE COMMERCE Order of the Commission, Operating lated rate schedules. Rights Board No. 1, dated December 29, Protests or petitions to intervene COMMISSION 1965, and served January 12, 1966, finds may be.filed with the Federal Power [Notice 871] that the present and future public con­ Commission, Washington, D.C., 20426, in venience and necessity require operation accordance with the rules of practice and MOTOR CARRIER APPLICATIONS AND by applicant as a common carrier by procedure (18 CFR 1.8 or 1.10) and the CERTAIN OTHER PROCEEDINGS motor vehicle, in interstate or foreign regulations under the Natural Gas Act J anuary 21,1966. commerce, of passengers and their hag- gage, and express and newspapers, in on or before February 4, 1966. The following publications are gov­ Take further notice that, pursuant to the same vehicle with passengers, be­ the authority contained in and subject erned by the new Special Rule 1.247 of tween junction U.S. Highway 50 and In­ the Commission’s rules of practice, pub­ to the jurisdiction conferred upon the terstate Highway 495 (in Virginia), and lished in the ederal egister issue of Federal Power Commission by sections 7 F R , Silver Spring, Md.; from junction U.S. December 3,1963, which became effective and 15 of the Natural Gas Act and the Highway 50 and Interstate Highway 495, Commission’s rules or practice and pro­ January 1,1964. over Interstate Highway 495 to junction The publications hereinafter set forth Maryland Highway 97, thence over cedure, a hearing will be held without reflect the scope of the applications as further notice before the Commission on Maryland Highway 97 to junction U.S. filed by applicant, and may include de­ Highway 29, thence over U.S. Highway these applications if no protest or peti­ scriptions, restrictions, or limitations tion to intervene is filed within the time 29 to Silver Spring, and return over the required herein, if the Commission on which are not in a form acceptable to same route, serving no intermediate the Commission. Authority which ulti­ its own review of the matter finds that a points, and serving the junction of In­ grant of permission and approval for the mately may be granted as a result Of terstate Highway 495 and U.S. Highway proposed abandonments are required by the applications here noticed will hot 50 for purposes of joinder only, that ap­ the public convenience and necessity. necessarily reflect the phraseology set plicant is fit, willing, and able properly If a protest or petition for leave to in­ forth in the application as filed, but also to perform such service and to conform tervene is timely filed, or if the Commis­ will eliminate any restrictions which are to the requirements of the Interstate sion on its own motion believes that a not acceptable to the Commission. Commerce Act and the Commission’s formal hearing is required, further notice Applications Assigned for Oral Hearing rules and regulations thereunder. Be­ of such hearing will be duly given. cause it is possible that other parties t Under the procedure herein provided MOTOR CARRIERS OF PROPERTY who have relied upon the notice of the for, unless otherwise advised, it will be No. MC 115257 (Sub-No. 20) (Repub­ application as published, may have an unnecessary for Applicants to appear or lication) , filed December 15, 1965, pub­ interest in and would be prejudiced by be represented at the hearing. lished F ederal R egister January 13, the lack of proper notice of the authority 1966, and republished this issue. Appli­ described in the findings herein, a notice J oseph H. Gtjtride, cant: SHAMROCK VAN LINES, INC., of the authority actually granted will be Secretary. Post Office Box 5447, Dallas, Tex. Ap­ published in the F ederal R egister and [F.R. Doc. 66-862; Filed, Jan. 25, 1966; plicant’s representative : Max G- Morgan, issuance of a certificate herein will be 8:46 a.m.j 443-54 American National Building, withheld for a period of 30 days from

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 1022 NOTICES

the date of such publication, during Island, Alaska, on the one hand, and, on ing products and insulating materials, which period any proper party in inter­ the other, Homer, Seldovia, and Seward, building wall and insulating board, est may file an appropriate protest or Alaska, By letter dated November 19, asphalt and asbestos, asphalt and asbes­ other pleading1. • 1965, applicant seeks leave to amend his tos products arid, asphalt and asbestos No. MC 111729- (Sub-No. 109) CRepub- application to include a request for ad­ materials (except in bulk) , between the lication), filed July 22, 1965, published ditional authority to provide service be­ plantsite of Jbhns-Manvilie- Corp., lo­ F ederal R egister issue of August 11, tween points on Kodiak Island, Alaska. cated at Winslow Township, Camden 1965, and republished this issue. Appli­ A supplemental order of the Commis­ County, N.J.; on the one hand, and, on cant : ARMORED CARRIER CORPO­ sion, Operating Rights Board No. 1, dated the other, points in Maine, New Hamp­ RATION, 222-17 Northern Boulevard, December 17,1965, and served December shire, and Vermont. Restriction: The Bayside, N.Y. Applicant*» representa­ 29,1965, finds that the present and future operations authorized under the com­ tive: Russell S. Bernhard, Common­ public convenience and necessity require modity descriptions above are limited wealth Building, 1625 K Street NW., operation by applicant, in interstate or to a transportation service to be per­ Washington 6, D.C.' By application filed foreign commerce, as a common carrier, formed under a continuing contract or July 22, 1965, applicant seeks a certifi­ by motor vehicle, over irregular routes, contracts, with Johns-Manville Corp. of cate of public convenience and necessity of general commodities, except those of New York, N.Y. Petitioner states that authorizing operation in interstate or unusual value, (1) between points on Gustin-Bacon Manufacturing Co. is con­ foreign commerce, as a common carrier Kodiak Island, Alaska, on the one hand, structing a new plant in Winslow Town­ by motor vehicle, over irregular routes, and, on the other, Homer, Seldovia, and ship, N.J. By the instant petition,, pe- of the commodities (including both busi­ Seward, Alaska, and (2) between points tioner requests the addition of Gustin- ness and commercial papers) and be­ on Kodiak Island, Alaska, subject to the Bacon Manufacturing Co. of Kansas tween the points indicated in the findings condition that the authority granted City, Mo„ as a contracting shipper. Any below, subject to the restriction that no herein to the extent it authorizes the person or persons desiring to participate service shall be performed for any bank transportation of explosives shall be in this proceeding, may, within 3Q days or banking institution; namely, any na­ limited in point of time to a period ex­ from the date of this publication in the tional bank, State bank, Federal Reserve piring 5 years from the date of the cer­ F ederal R egister, file an appropriate bank, savings and loan association, or tificate; that applicant is fit, Willing, and pleading, consisting of an original and savings bank. An order of the Commis­ able properly to perform such service and six copies each. sion, Operating Rights Board No. 1, dated to conform to the requirements of the No. MC 113828 (Sub-No. 34) and No. December 10, 1965, and served Decem­ Interstate Commerce Act, and the Com­ MC 113828 (Sub-No. 58) (Petition for ber 21, 1965, finds that the present and mission’s rules and regulations there­ clarification and/or modification of future public convenience and necessity under. Because it is possible that other certificates), filed December 13, 1965. require operation:by applicant, in inter­ parties, Who have relied upon the notice Petitioner: O'BOYLE TANK LINES, state or foreign commerce, as a common of the application as published, which INCORPORATED, Washington, D.C. carrier by motor vehicle, over irregular did not include a request for authority Petitioner’s representatives: William P. routes, (1) of business papers, and rec­ to operate between points on Kodiak Sullivan and Eugene M. Malkin, 1625 ords, and audit and accounting media Island, Alaska, may have an interest in Jefferson Place NW., Washington, D.C., (except cash letters), (a) between Fort and would be prejudiced by the lack of 20036". Petitioner states it holds author­ Wayne, Ind., on the one hand,, and, on proper notice of the authority described ity in No. MC 113828 (Sub-No. 34), as a the other, Cleveland, Ohio, (b) between in the findings herein, a notice of the common carrier of petroleum products points in Belmont County, Ohio, on the authority actually granted will be pub­ (except petro acids and chemicals and one hand, and, on the other, points in lished in the F ederal R egister and asphalt and asphalt products), in bulk, in Allegheny County, Pa., (c) from Lexing­ issuance of a certificate herein will be tank vehicles, “from terminals off the Co­ ton, Ky., and Fort Wayne, Ind., to Mans­ withheld for à period of 30 days from the lonial pipeline (1) Fairfax, Va., to the field, Ohio, and (d> between Cleveland, date of such publication, during which District of Columbia, Maryland, Jef­ Ohio, and Niagara Falls, N .Y.;* (2) of period any proper party in interest may ferson, Berkeley, Morgan, Hampshire, payroll checks (except cash letters), from file an appropriate protest or other Mineral, Tucker, Grant, Hardy, and Niagara Falls, N.Y., to Cleveland, Ohio; pleading. Pendleton Counties, W. Va., and Hunt­ and (3) of business office supplies (except ingdon, Blair, Cambria, Somerset, Bed­ cash letters), between Fort Wayne, 2nd., Notice op F iling of P etitions ford, Fulton, Franklin, Cumberland, and on the one hand, and, on the other, No. MC 2359 (Sub-No. 1) (Petition to Adams Counties, Pa., (2) * * *” in NO. Cleveland, Ohio. Because it is possible add additional contracting shipper), MC 113828 (Sub-No. 58), petitioner that other parties, who have relied upon filed December 27, 1965. Petitioner: states it holds authority to operate as the notice of the application as pub­ DAMEO, INC., 568 Central Avenue, Sum­ a common carrier, transporting petro­ lished, may have an interest in and would merville, N.J. Petitioner’s representa­ leum products (except petro acids and be prejudiced by the lack of proper no­ tive: Bert Collins, 140 Cedar Street, New chemicals and asphalt and asphalt prod­ tice of the authority described in the York, N. Y. Petitioner states it holds Per­ ucts), in bulk, in tank vehicles : “From a findings in this order, a notice of the mit in No. MC 2359 (Sub-No. 1 ), as perti­ terminal off the Plantation pipeline at authority actually granted will be pub­ nent herein, authorizing transportation Newington, Va., to Maryland, the Dis­ lished in the F ederal R egister, and any as follows: (1) Fibrous glass products trict of Columbia, and Jefferson, Berke­ proper party in interest may file an ap­ and materials, insulating products and ley, Morgan, Hampshire, Mineral propriate pleading within a period of 30 materials, building wall and insulating Tucker, Grant, Hardy, and Pendleton days from the date of publication. board, asphalt and asbestos, asphalt and Counties, W. Va.’*. By the instant peti­ No. MC 126136 (Sub-No. 1) (Repub­ asbestos products and materials, and ma­ tion, petitioner requests a clarification lication) , filed January 22, 1965, pub­ terials, supplies and equipment, used in and/or modification of the above- lished F ederal R egister issue of Feb­ connection with the production and dis­ numbered certificates to determine ruary 3,1965, and repuhlished, this issue. tribution of the foregoing groups of com­ whether its certificates should read “at Applicant: CHARLES A. POWELL, do­ modities, between the plantsite of Johns- or near Fairfax, Va.”, and “at or near ing business as ALASKA TRANSFER & Manville Corp., Camden County, N.J., Newington, Va.”. Any person or persons STORAGE, Box 605, Kodiak, Alaska. on the one hand, and, on the other, desiring to participate in these proceed­ By order of the Commission, Operating points in New York, Pennsylvania, Mary­ ings, may, within 30 days from the date Rights Board No. 1, entered November 9, land, Delaware, Connecticut, Rhode Is­ of this publication in the F ederal R eg­ 1965, applicant was granted a certificate land, Massachusetts, and the District of ister, file an appropriate pleading, authorizing operation, in interstate or Columbia. Restriction: The service au­ consisting of an original and six copies foreign commerce, as a common carrier, thorized immediately above is restricted each. by motor vehicle, over irregular routes, against the transportation of any com­ No. MC 115162 (Sub-No. 75) (Peti­ of general commodities, except those of modities in bulk, (2) fibrous glass prod­ tion to modify or amend certificate), unusual value, between points on Kodiak ucts and fibrous glass materials, insulat­ filed December 15, 1965. Petitioner:

FEDERAI REGISTER, VOt. 3T, NO. T7— WEDNESDAY, JANUARY 26, 1966 NOTICES 1023

WALTER POOLE, doing business as 98 to Perry, Fla., thence over U.S. High­ CHEVAL, JR., Seattle, Wash., 98104. Pe­ POOLE TRUCK LINE, Evergreen, Ala. way 27 to High Springs, Fla., thence,over titioner’s representative: Joseph O. Earp, Petitioner’s representative: Robert E. U.S. Highway 441 to Gainesville, Fla., 411 Lyon Building, 607 Third Avenue, Tate, Suite 2025-2028 City Federal Build­ thence over Florida Highway 20 to Palat- Seattle, Wash., 98104. Petitioner states ing, Birmingham, Ala., 35203. In No. ka, Fla., thence over Florida Highway it holds authority in MC 124735 (Sub- MC 115162 (Sub-No. 75), petitioner 207 to St. Augustine, Fla., and the At­ No. 1) to operate as a contract carrier, by states he holds the following authority: lantic Ocean, fruit beverages, unfrozen, motor vehicle, over irregular routes, ‘■Building materials, uncrated, as defined from Westfield, N.Y., and North East, transporting: Parts of mobile homes and in appendix VI to the Report in Descrip­ Pa., to points in Alabama, Louisiana’, utility trailers, automotive springs, sus­ tions in Motor Carrier Certificates, 61 Mississippi, and Tennessee.” By the in­ pensions and parts thereof, brake drums, M.C.C. 209; stock millwork, uncrated, stant petition, petitioner requests that brake assemblies and parts thereof, tail­ other than that included in the above Sub 26 be modified to the extent that the gate hoists and parts thereof, wheels commodities; prefinished kitchen cab­ restriction “to the transportation of traf­ and wheel attaching parts* and parts for inets, uncrated, with or without related fic in consolidated lots moving on a motor vehicle chassis and motor vehicle appliances which either are installed or single bill of lading, the components of undercarriage, from points in Illinois, are to be installed therein; and such which are destined to points in more Indiana, Iowa, Michigan, Missouri, Ohio, cartoned or wrapped materials and sup­ than one State,” be deleted. It requests and Wisconsin, to Billings, Butte, and plies as are incidental to the above-de­ that Sub 63 be modified to the extent that Great Falls, Mont., and Seattle and scribed kitchen cabinets, when trans­ the restriction “in mixed shipments con­ Spokane, Wash., under a continuing con­ ported at the same time and in the same sisting of frozen and unfrozen products tract, or contracts, with Motor Wheel vehicle therewith, from the plantsite of moving in the same vehicle,” be deleted. and Parts, Inc., of Seattle, Wash. By the McPhillips Manufacturing Co., Inc., at Any person or persons desiring to par­ instant petition,; petitioner requests that Mobile, Ala., to points in Alabama, ticipate in this proceeding, may, within 'his permit be amended so that Northwest Georgia, Florida, Mississippi, Louisiana, 30 days from the date of publication in Wheel, Inc., Spokane, Wash., can be Tennessee, and Arkansas, with no trans­ the Federal R egister, file an appropriate served as an additional shipper under its portation for compensation on return ex­ pleading, consisting of an original and Permit. Any person or persons desiring cept as otherwise authorized. Restric­ six copies each. to participate in this proceeding, may, tion: The authority granted herein may No. MC 124546 (Petition to remove within 30 days from the date of this pub­ not be tacked to or combined with any restriction), filed December 15, 1965. lication in the F ederal R egister, file an other authority held by carrier for the Petitioner: VELTMAN TERMINAL CO., appropriate pleading, consisting of an purpose of providing service from and Los Angeles, Calif. Petitioners repre­ original and six copies each. to any points other than those specified sentative; S. Harrison Kahn, Suite 733, Applications for Certificates or P er­ herein.” By the instant petition, peti­ Investment Building, Washington, D.C., m its Which Are T o B e P rocessed Con­ tioner requests that its Certificate be 20005. Petitioner states that it holds currently W ith Applications Under amended or modified to read: “from permit in MC 124546 to conduct opera­ S ection 5 Governed by S pecial R ule Mobile, Ala.”, rather than the “plantsite tions, over irregular routes, transporting : 1.240 to the E xtent Applicable of McPhillips Manufacturing Co., Inc., “Such commodities as are sold by re­ tail stores, from Los Angeles,, Calif., to No. MC 6992 (Sub-No. 9), filed Jan ­ at Mobile, Ala.”. Any person or persons uary 3, 1966. Applicant: AMERICAN desiring to participate in this proceed­ the stores and warehouses of J. C. Pen­ ney Co., Inc., located at Santa Barbara, RED BALL TRANSIT COMPANY, INC., ing, may, within 30 days from the date 200 Illinois Building, Indianapolis, Ind., of this publication in the ederal eg Calif., and at points in San Diego, Orange F R ­ 46209. Applicant’s representative: ister, file an appropriate pleading, con­ and Ventura Counties, Calif., points in Los Angeles County, Calif., except Lan­ Homer s . Carpenter, Suite 618, Perpetual sisting of an original and six copies each. Building, 1111 E Street NW., Washing­ No. MC 115841 (Sub-No. 26) and No. caster and Palmdale,, Calif., points in MC 115841 (Sub-No. 63) (Petition to Riverside County, Calif., except Blythe ton, D.C., 20004. Authority sought to operate as a common carrier, by motor modify certificates), filed December 15, and Indio, Calif., and points in San Ber­ nardino County, Calif., except Victorville, vehicle, over irregular routes, transport­ 1965. Petitioner: COLONIAL REFRIG­ ing: as defined by the ERATED TRANSPORTATION, INC., Barstow, and Needles, Calif., with no Household goods, transportation for compensation on re­ Commission in Practices in Motor Com­ Birmingham, Ala. Petitioner’s repre­ mon Carriers of Household Goods, 17 sentative: Robert E. Tate, 2031 Ninth turn except as otherwise authorized. Re­ striction: The service authorized herein M.C.C. 467, (1) between points in Mon­ Avenue South, Birmingham, Ala. Peti­ tana and North Dakota, on the one hand, tioner states that it holds authority in is subject to the following conditions: The service authorized herein is re­ and, on the other, points in the United No. MC 115841 (Sub-No. 26), issued De­ States (except points in Alaska and Ha­ cember 3,1958, to transport, over irregu­ stricted in each instance to traffic hav­ ing an immediately prior movement by waii), (2) between points in Washing­ lar routes: “Grape products and fruit ton, Oregon, Idaho, Nevada, and Utah and vegetable juices, unfrozen, in ve­ rail. The operations authorized herein are limited to a transportation service to (except between points in Oregon, on the hicles equipped with mechanical temper­ one hand, and, on the other, points in ature control, from North East and Erie, be performed, under a continuing con­ tract or. contracts, with the J. C. Pen­ Washington west of the summit of the Pa., to points in Georgia and those in Cascade Mountains) , and (except points Florida on and north of a straight line ney Co., Inc.”. Petitioner states that changed transportation and distribution in Alaska and Hawaii), (3) between extending between St. Augustine, and points east of the summit of the Cascade Panam a City, Fla., restricted to the patterns today differ from the conditions that existed when its permit was issued. Mountains in Washington, and those transportation of traffic in consolidated points in Oregon, Idaho, Nevada, and lots moving on a single bill of lading, the These changes require the elimination of the restriction in said permit providing Utah, on the one hand, and, on the other, components of which are destined to points in the United States (except points points in more than one State.” Also, that in each instance the traffic trans­ in California, on the one hand, and, on in No. MC 115841 (Sub-No. 63), it holds ported by applicant shall have an imme­ authority, issued November 14, 1961, to diately prior movement by rail. By the the other, points in Oregon), and (ex­ transport, over irregular routes: instant petition, petitioner requests re­ cept points in Alaska and Hawaii), (4) “Frozen foods and canned goods (un­ moval of the restriction hereinbefore de­ between points west of the summit of the frozen), in mixed shipments consisting scribed, Any person or persons desiring Cascade Mountains in Washington, on to participate in this proceeding, may, of frozen and unfrozen products moving the one hand, and, on the other, points in within 30 days from the date of this pub­ the United States (except those points in in the same vehicle, from Westfield, N.Y., lication in the F ederal R egister, file an and North East, Pa., to points in Georgia appropriate pleading, consisting of an Oregon and California), and (except and South Carolina, and points in that original and six copies each. points in Alaska and Hawaii), and (5) part of Florida on and north of a line No. MC 124735 (Sub-No. 1) (Petition between points in California and Ari­ beginning at the Alabama-FTorida State to add additional shipper), filed Decem­ zona. Note : If a hearing is deemed nec­ line, arid extending along U.S. Highway ber 7, 1965. Petitioner: R. C. KER- essary, applicant requests it be held at

FEDERAL REGISTER, VOL. 31, NQ. 17— WEDNESDAY, JANUARY 26,-1966 1024 NOTICES

Bismark, N. Dak., concurrently with» Louisiana, Indiana, South Carolina, Illi­ Oregon. Application has not bear filed MC-F—9295. nois, and Mississippi. Application has for temporary authority under section Applications Under S ections 5 and been filed for temporary authority under 210a(b). 210a(b) section 210a Cb). No. MC-F-9321. Authority sought for By tile Commission. The following applications are gov­ purchase by C & D TRANSPORTATION [seal! H. Ne il G arson, erned by the Interstate Commerce Com­ CO., INC., Route 2, Box 207A (Post Office Secretary. mission’s special rules governing notice Box 1503) , Mobile, Ala., of a portion of [F.R. Doc. 66-878; Piled, Jan. 25, 1966; of filing of applications by motor car­ the operating rights of DIXIE HIGH­ 8 :47 aan.] riers of property or passengers under WAY EXPRESS, INC., 1900 Vanderbilt sections 5(a) and 210a(b) of the Inter­ Road, Birmingham, Ala., and for acqui­ state Commerce Act and certain other sition by R. E. CHAPMAN, 962 Bay FOURTH SECTION APPLICATION FOR proceedings with respect thereto. (49 Bridge Road, Pritchard, Ala., of control RELIEF CFR 1.240.) of such rights through the purchase. MOTOR CARRIERS OP PROPERTY Applicants’ attorney: John W. Cooper, J anuary 21, 1966. 805 Title Building, Birmingham, Ala., Protests to the granting of an appli­ No. MC-F-9219 (ST. JOHNSBURY 35203. Operating rights sought to be cation must be prepared in accordance TRUCKING CO., INC.—CONTROL— transferred: General commodities, ex­ with Rule 1.40 of the general rules of WOODIN’S EXPRESS, INC.), published cept those of unusual value, classes A and practice (49 CFR 1.40) and filed within in the September 29, 1965, issue of the B explosives, lumber, gasoline, coal, sand, 15 days from the date of publication of F ederal R egister on page 12441. By gravel, household goods as defined by the this notice in the F ederal R egister. amendment filed January 20, 1966, Ap­ Commission, commodities requiring spe­ plicants seek to control and merge, in cial equipment, and those injurious or L ong- and-S hort Haul lieu of control only. contaminating to other lading, as a com­ FSA No. 40252—Carbon tetrachloride No. MC-F-9309 (20TH CENTURY mon carrier, over regular routes, between to Calvert, Ky. Filed by Western Trunk TRUCKING CO—PURCHASE—HAL­ Hattiesburg, Miss., and New Orleans, La., Line Committee, agent (No. A-2439), for VERSON TRANSPORTATION (CAR­ serving the intermediate points of Wig­ interested rail carriers. Rates on car­ LYLE MICHELMAN, TRUSTEE IN gins, and Gulfport, Miss.; and meats, bon tetrachloride, in tank carloads, from BANKRUPTCY)), published in the Jan­ meat products, and meat byproducts, Wichita, Kans., to Calvert, Ky. uary 5, 1966, issue of the F ederal R eg­ dairy products, and articles distributed Grounds for relief—Market competi­ ister on page 113. By supplemental ap­ by meat packinghouses, as set forth in tion. Tariff—Supplement 212 to West­ plication, filed January 18, 1966; 20TH the appendix to the report in Modifica­ ern Trunk Line Committee, agent, tariff CENTURY MANAGEMENT COMPANY, tion of Permits, Packinghouse Products, ICC A-4396. 111 West 35th Street, Los Angeles, Calif., 46 M.C.C. 23, from Nashville, Tenn., to By the Commission. which owns 100 percent of the stock of Sylacauga, Ala-> serving the intermediate vendee herein, hereby joins in the appli­ point of Guntersville, Ala., and all inter­ [seal] h . Neil G arson, cation as controlling stockholder of said mediate points south thereof, and the Secretary. corporation. off-route point of Jacksonville, Ala. [PH. Doe. 66-879; Piled, Jan. 25, 1966; No. MC-F-9320. Authority sought for Vendee is authorized to operate as a 8:47 a.m.], purchase by SHERWOOD TRUCKING, common carrier in Alabama, Mississippi, INC., 1517 Hoyt Avenue, Muncie, Ind., Georgia, Florida, Louisiana, Texas, Illi­ of the operating rights of SAM RIGGIO, nois, Indiana, Kentucky, Missouri, Ohio, [No. 34661 ROSE M. RIGGIO, EXECUTRIX, doing and Tennessee. Application has been business as COAST FREIGHT LINE, MIDDLEWEST MOTOR FREIGHT filed for temporary authority under BUREAU CARRIERS 2305 St. Thomas Street, New Orleans, section 2.10a (b). parish of Orleans, La., and for acquisi­ No. MC-F-9322. Authority sought for Sorting or Segregating of Shipments tion by CHARLES W. SHERWOOD and purchase by SEATTLE TRANSFER & ALICE SHERWOOD, both, also of Mun­ STORAGE COMPANY, 26 South Han­ It appearing, that on December 7,1965, cie, Ind., of control of such rights ford Street, Seattle, Wash., 98134, of the the Commission entered an order in No. through the purchase. Applicants’ at­ operating r i g h t s and property of 34661 and No. 34661 (Sub-Nos. 1, 2, 3, torney: Howell Ellis, 710-12 Fidelity TACOMA-SEATTLE DISTRIBUTING and 4 ) , and on January 3, 1966, the Building, Indianapolis, Ind., 46204. Op­ COMPANY, INC., 1616 East 26th Street, Commission entered an order in No. erating rights sought to be transferred: Tacoma, Wash., 98421, and for acquisi­ 34661 (Sub-Nos. 6, 7, 9, and 10) assigning Packinghouse and dairy products, as a tion by F. K. HASLUND, JR., 1734 Wash­ said matters for hearing and directing common carrier, over irregular routes, ington Building, Seattle, Wadi., and special procedure; between New Orleans, La., and Gulfport, WILMA B. HASLUND, 2500 Sixth Ave­ It further appearing, that by orders Miss.; crackers, biscuits, and cakes, from nue, North, Seattle, Wash., of control of dated January 5,1966, in No. 34661 (Sub- New Orleans, La., to Biloxi, Bay St. such rights and property through the Nos. 11 and 12), the Commission Louis, Pass Christian, and Gulfport, purchase. Applicants’ attorney: George broadened the investigation to include Miss.; such merchandise as is dealt in by H. Hart, 1100 IBM Building, Seattle, additional territories and/or carriers retail grocery houses, When moving to Wash. Operating rights sought to be with a view to making such findings and or from warehouses or other facilities of transferred: General commodities, ex­ orders in the premises as the facts and wholesale and retail grocery stores, be­ cept those of unusual value, and except circumstances shall warrant; tween New Orleans, La., and Hatties­ high explosives,- household goods (when It further appearing, that, upon con­ burg, Gulfport, and Biloxi, Miss.; and transported as a separate and distinct sideration of the record, the proceedings pickles and supplies incidental to the service in connection with so-called in No. 34661 (Sub-Nos. II and 12) are manufacture and preservation of pickles, “household movings”), commodities in matters that should be referred to a when moving to or from warehouses or bulk, commodities requiring special hearing examiner for hearing and for other facilities of pickle manufacturing equipment, and those injurious or con­ plants, between New Orleans, La., and taminating to other lading, as a common 1 This order also embraces Nos. 34661 (Sub- Wiggins, Miss. Restriction: The sepa­ No. 1), Sorting or Segregation of Shipments, carrier, over a regular route, between Northeastern States; 34661 (Sub-No. 2), rately stated authorities herein shall not Seattle, Wash., and Tacoma, Wash., Sorting or Segregation of Shipments, East­ be tacked or joined one to another for serving all intermediate points; and off- ern and Central States; 34661 (Sub-Nos. the purpose of performing any through route points within 3 miles of Seattle. 3, 4, 6, 7, 9, 10, and l l ) , Sorting or Segrega­ transportation. Vendee is authorized to tion of Shipments, Various States; and No. Vendee is authorized to operate as a 34661 (Sub-No. 12), Sorting or Segregation operate as a common carrier in Alabama, common carrier in Washington and of Shipments; New Jersey and New York.

FEDERAL REGISTER, VOL 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 NOTICES 1Ö25 recommendation of an appropriate order (9) To avoid unnecessary serviOe upon from the exemption, and that operations thereon; the parties, subsequent service herein of between the New York airports and any And it further appearing, that the notices and orders of the Commission will point in the State of Connecticut there­ special procedure as outlined in the Com­ be limited to (a) persons who are listed after be made subject to the holding of mission’s orders dated December 7, 1965. in the appendix hereto and in the ap­ an appropriate certificate or permit. and January 3, 1966, should be followed pendix to the said order of January 3, By order of division 1, dated Decem­ except as hereinafter modified; and for 1966, (b) persons who respond as above ber 20,1965, served January 3.1966, said good cause shown: provided in paragraph (7), and (c) those petition be and it is hereby, assigned for It is ordered, That the proceedings in who specifically make written requests to oral hearing at a time and place to be No. 34661 (Sub-Nos. 11 and 12) be, and the Secretary of the Commission to be hereafter fixed, together with an invita­ they are hereby, referred to Hearing Ex­ included on the service list. ' tion to all interested parties to partici­ aminer George A. Dahan for hearing and (10) Rebuttal evidence of respondents pate in the said oral hearing. for recommendation of an appropriate will be presented at the oral hearing on Any person or persons desiring to par­ order thereon, accompanied by the rea­ April 4, 1966, except for good cause de­ ticipate in this proceeding should so ad­ sons therefor. termined by the Hearing Examiner at vise the Commission, within 30 days of It is further ordered, That: such oral hearing. the date of this publication in the F ed­ (1) The evidence shall be submitted in And it is further ordered, That a copy eral R egister, in order that they, may the form of verified statements (affi­ of this order be delivered to the Direc­ be advised of .the time and place Of said davits) which may include appendices tor, Office of Federal Register, for pub­ hearing. or exhibits pertinent thereto and appro­ lication in the F ederal R egister as no­ By the Commission. priately referred to and identified there­ tice to all parties. [seal] ", H. Neil G arson, in. The verified statements shall con­ Dated at Washington, D.C., this 14th Secretary. form to the general rules of practice. day of January AJ>. 1966. (2) Respondents and any party in [F.Rj Doc. 66-881; Filed, Jan. 25, 1966; support thereof shall mail their verified By the Commission, Commissioner 8:48 a.m.] statements to the Hearing Examiner and Freas. to all parties of record on or before Feb­ [ seal! H . Neil G arson,- NOTICE OF FILING OF MOTOR CAR­ ruary 28, 1966. Secretary. (3) Protestants and any party in sup­ Appendix RIER INTRASTATE APPLICATIONS port thereof shall mail their verified J. P. Connor, Middle Atlantic Conférence, J anuary 21,1966. statements to the Hearing Examiner and Post Office Box 10213, Washington, D.C., The following applications for motor to all parties of record on or before 20018. common carrier authority to operate in March 21, 1966. Charles M. Donley, Gulf Building, Pittsburgh, (4) The originals of the above-indi­ Pa., 15219. intrastate commerce seek concurrent cated pleadings shall be offered in evi­ H. Leon McBride, Tiger Express, Inc., Goshen, motor carrier authorization in interstate dence at the oral hearing provided in the N.Y., 10924. or foreign commerce within the limits of following paragraph. [PR. Doc. 06-880; Piled, Jan. 25, I960; the intrastate authority sought, pur­ (5) Oral hearing for the purpose of 8:47 a.m.j suant to section 206(a) (6) of the Inter­ cross-examination of witnesses who have state Commerce Act, as amended October 15, 1962. These applications mailed verified statements to all parties [No. MC—C—4000 (Sub-No. 2) ] and whose presence for that purpose has are governed by Special Rule 1/245 of the been requested in the manner provided Commission’s rules of practice, published PASSENGERS MOVING TO AND in the F ederal R egister, issue of April in the following paragraph will be held FROM NEW YORK AIRPORTS on April 4, 1966, at 9:30 o’clock a m., 11, 1963, page 3533, which provides, Notice To Remove .All Points in Con­ among other things, that protests and U.S. standard time, at the offices of the requests for information concerning the Interstate C o m m e r c e Commission, necticut From Exemption and As­ time and place of State Commission Washington, D.C. signment for Oral Hearing (6) Parties desiring to cross-examine hearings or other proceedings, any sub­ any witness who has mailed a verified J anuary 21, 1966. sequent changes therein, and any other related matters shall be directed to the statement must give notice in writing of Petitioner: BROWN’S CONNECTICUT such request to affiant or his counsel on State Commission with which the ap­ AIRPORT SERVICE, INC., Stamford,. plication is filed and shall not be or before March 28, 1966, a copy of such Conn. Petitioner’s representative: notice to be mailed simultaneously to the addressed to or filed with the Interstate Charles H. Trayford, 220 East 42d Street, Commerce Commission. Hearing Examiner. New York, N.Y., 10017. Petitioner is a (7) Representatives of parties to these common carrier by motor vehicle holding State docket number assigned No. X - 195, filed January 3, 1966. Applicant: proceedings who have already indicated a certificate of public convenience and their desire to participate are listed in necessity in No. MC-124372, authorizing FOGG’S TRANSPORTATION, INC., 76 the appendix hereto and in the appendix the transportation of passengers and Cross Street, Portland, Maine. Appli­ cant’s representative: Stanley Jackie- to the order of January 3, 1966, and their baggage and pets, limited to the service is to be made upon them. Per­ transportation of not more than eleven wecz (same address as applicant). Cer­ sons other than those listed in the ap­ (11) passengers in any one vehicle, not tificate of public service and necessity pendices who wish to become parties including the driver thereof, in special sought to operate a freight service as hereto and who desire to be served with operations, between Westport, Darien, follows: Transportation of: General and to serve upon the Other parties evi­ New Canaan, Stamford, and Greenwich, Commodities, over regular routes, from dence pertinent to the issues herein, Conn., on the one hand, and, on the other, Rumford, Maine, over Maine Highway must comply with the above-outlined La Guardia Airport and Kennedy Inter­ 17 to Houghton, Maine, and return, in­ procedure and give notice of such intent national Airport, New York, N.Y. cluding intermediate points of Hale, Frye, Roxbury, Byron and Houghton. on or before February 14, 1966, to the By petition, filed February 1,1965, and HEARING: Date, time, and place of parties listed in the appendix hereto and published issue of F ederal R egister of in the appendix to the said order of March 10,1965, petitioner seeks the relief hearing not officially assigned, suggested date March 1, 1966, at the State House, January 3, 1966, and to the Hearing Ex­ provided for in Docket MC-C-4000 at Augusta, Maine, at 9:30 a.m„ e.s.t. Re­ aminer, . , , paragraph (c) of the findings thereof, for quests for procedural information in­ (8) Evidence tendered which fails to an individual determination, for good cluding the time for filing protests conform to the above-outlined procedure cause shown, that the transportation of concerning this application should be ad­ will not become a part of the record in passengers by motor vehicle, between La dressed to Jhe Maine Public Utilities this proceeding except for good cause Guardia Airport and Kennedy interna­ Commission, State House, Augusta, determined by the Hearing Examiner at tional Airport, both at New York;, N.Y., Maine, and should not be directed to the the oral hearing. and points in Connecticut be removed Interstate Commerce Commission.

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 1026 NOTICES

State docket number assigned 3079-M., State Docket No. M-11656, filed Jan­ way 90 and U.S. Highway 20, at Spring- filed January 6, 1966. Applicant: uary 7,1966. Applicant: WILLIS BUCK- field, Mass., and return over the same WHITE TRUCK LINE, INC., 1534 Jones­ HOLZ, Route 1, Bancroft, Nebr. Appli­ route, for operating convenience only. boro Road SE., Atlanta, Ga., 30315. Ap­ cant’s representatives: Moodie & Moodie, The notice indicates that the carrier is plicant’s representative: Paul M. Daniell, 122 East Grove Street, West Point, Nebr. presently authorized to transport the 1600 First Federal Building, Atlanta, Ga., Certificate of public convenience and same commodities, over pertinent service 30303. Certificate of public convenience necessity sought to operate a freight routes as follows: From Boston, Mass., and necessity sought to operate a freight service as follows: Transportation of over U.S. Highway 20 to Springfield, service as follows: Transportation of General commodities (except those re­ Mass., thence over U.S. Highway 5 via General commodities, over a regular quiring special equipment) from within Hartford and East Hartford, Conn., to route, between Manchester and Colum­ a 20-mile radius of Bancroft, Nebr., to New Haven, Conn, (also from Springfield bus, Ga., from Manchester via Georgia and from Omaha and interior markets over alternate U.S. Highway 5 to New Highway 85 (U.S. Highway Alternate 27), within a radius of 100 miles, and to and Haven), and return over the same routes. to Columbus, and return over the same from farms within a radius of 100 miles. No. MC 10875 (Deviation No. 5), route, serving all intermediate points and No additional points to be served. BRANCH MOTOR EXPRESS CO., 114 the U.S. military reservation at Fort Ben- HEARING: Date, time, and place of Fifth Avenue, New York, N.Y., 10011; ning, Ga., as an off-route point over hearing to be hereafter fixed, but dur­ filed January 13, 1966. Carrier proposes Georgia Highway No. 1 (U.S. Highway ing February 1966. Requests for pro­ to operate as a common carrier, by motor 280 and 27). Applicant is also seeking cedural information including the time vehicle, of general commodities, with authority to engage in interstate and for­ for filing protests concerning this appli­ certain exceptions, over a deviation route eign commerce over the entire route. cation should be addressed to Nebraska as follows: From Utica, N.Y., over the Applicant also intends to join the au­ State Railway Commission, Motor Thomas E. Dewey Thruway (Interstate thority here sought with that presently Transportation Department, State Capi­ Highway 90), to Buffalo, N.Y., and return held in intrastate, interstate and foreign tol Building, Lincoln 9, Nebr., and should over the same route, for operating con­ commerce. not be directed to the Interstate Com­ venience only. The notice indicates that HEARING: March 8,1966, at 10 o’clock merce Commission. the carrier is presently authorized to a.m. at Room 177, Georgia Public By the Commission. transport the same commodities, over a Service Commission, 244 Washington pertinent service route, as follows: From Street SW., Atlanta, Ga. Requests for [seal] H. Neil Garson, Utica, N.Y., over New York Highway 5 procedural information including the Secretary. to junction U.S. Highway 20, thence over time for filing protests concerning this [F.R. Doc. 66-882; Filed, Jan. 25, 1966; U.S. Highway 20 to junction New York application should be addressed to the 8:48 a.m.] Highway 130, thence over New York Georgia Public Service Commission, Highway 130 to Buffalo, N.Y., and return Room 177, 244 Washington Street SW., [Notice 382] over the same route. Atlanta, Ga., and should not be directed No. MC 10875 (Deviation No. 6), to the Interstate Commerce Commission. MOTOR CARRIER ALTERNATE ROUTE BRANCH MOTOR EXPRESS CO., 114 State Docket No. assigned MC-4496 DEVIATION NOTICES Fifth Avenue, New York, N.Y., 10011; Sub-1, filed November 29, 1965. Appli­ filed January 14, 1966. Carrier proposes cant: MID-SOUTH TRANSPORTS, J anuary 21,1966. to operate as a common carrier, by motor INC., 109 West McLemore, Memphis, The following letter-notices of pro­ vehicle, of general commodities, with cer­ Tenn. Applicant’s representative: Clar­ posals to operate over deviation routes tain exceptions, over a deviation route ence Evans, 710 Third National Bank for operating convenience only have been as follows: From Utica, N.Y., over the Building, Nashville, Tenn. Certificate filed with the Interstate Commerce Com­ Thomas E. Dewey Thruway (from Utica of public convenience and necessity mission, under the Commission’s Devia­ over Interstate Highway 90) to junction sought to operate a freight service as fol­ tion Rules Revised, 1957 (49 CFR 211.1 Interstate Highway 87, thence over In­ lows: Transportation of: General com­ (c) (8-)) and notice thereof to all inter­ terstate Highway 87 to junction Inter­ modities (except used household goods ested persons is hereby given as pro­ state Highway 287, thence over Interstate and liquid commodities in bulk and tank vided in such rules (49 CFR 211.1 Highway 287 to junction Interstate vehicles), between Jackson and Nash­ (d) (4)). V Highway 87, and thence over Interstate ville, Tenn., via U.S. Highway 70, with Protests against the use of any pro­ Highway 87 to New York, N.Y., and re­ service authorized at the intermediate posed deviation route herein described turn over the same route, for operating points of Camden and New Johnsonville, may be filed with the Interstate Com­ convenience only. The notice indicates but restricted against serving any other merce Commission in the manner and that the carrier is presently authorized intermediate point, with this authority form provided in such rules (49 CFR to transport the same commodities, over to be used in connection, with and by 211.1(e)) at any time, but will not op­ a pertinent service route, as follows: tacking with all of the applicant’s other erate to stay commencement of the pro­ From Utica, N.Y., over New York High­ operating authority. Note: Applicant posed operations unless filed within 30 way 12 to Binghamton, N.Y., thence over already holds authority between Nash­ days from the date of publication. U.S. Highway 11 to Scranton, Pa., thence ville and Jackson over Tennessee High­ Successively filed letter-notices of the over U.S. Highway 611 to Portland, Pa., ways 20 and 100; and also over U.S. High­ same carrier under the Commission’s thence over U.S. Highway 46 to junc­ way 70, as an alternate route; applicant Deviation Rules Revised, 1957, will be tion New Jersey Highway 62, thence over seeks no duplicating authority; applicant numbered consecutively for convenience New Jersey Highway 62 to Paterson, N.J., seeks authority in both interstate and in identification and protests if any thence over U.S. Highway 46 to junction intrastate commerce, and applicant’s op­ should refer to such letter-notices by U.S. Highway 1, and thence over U.S. erations are entirely within the State of number. Highway 1 to New York, N.Y., and return Tennessee, i . over the same route. M otor Carriers of P roperty No. MC 10875 (Deviation No. 7), HEARING: February 17, 1966, at 9:30 No. MC 2542 (Deviation No. 15), BRANCH MOTOR EXPRESS CO., 114 a.m. in the Commission’s Hearing Room ADLEY EXPRESS COMPANY, 216 Fifth Avenue, New York, N.Y., 10011, Floor C-L 110 Cordell Hull Building, Crown Street, New Haven, Conn., filed filed January 14,1966. Carrier proposes Nashville, Tenn. Requests for proce­ January 12, 1966. Carrier proposes to to operate as a common carrier by motor dural information including the time for operate as a common carrier, by motor vehicle, of general commodities, with filing protests, concerning this applica­ vehicle, of general commodities, with certain exceptions, over a deviation route tion should be addressed to the Tennes­ certain exceptions, over a deviation route as follows: From Boston, Mass., over the Massachusetts Turnpike (Interstate see Public Service Commission, Cordell as follows: From junction of Interstate Hull Building, Nashville, Tenn., 37219, Highway 90) to Sturbridge, Mass., and Highway 95 and Interstate Highway 91 return over the same route, for operat­ and should not be directed to the Inter­ at New Haven, Conn., over Interstate ing convenience only, The notice in­ state Commerce Commission. Highway 91 to junction Interstate High­ dicates that the carrier is presently au-

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 NOTICES 1027 thorized to transport the same commodi­ Colo., thence over U.S. Highway 40 to the Sunshine Parkway, to junction In­ ties, over a pertinent service route as Denver, Colo., and return over the same terstate Highway 75, located at or near follows: From Boston, Mass., over U.S. route. Wildwood, Fla., thence over Interstate Highway 20 to Sturbridge, Mass., and No. MC 42487 (Deviation No. 59), CON­ Highway 75, to Ocala, Fla., and return return over the same route. SOLIDATED FREIGHTWAYS CORPO­ over the same route, for operating con­ No. MC 38183 (Deviation No. 5), RATION OF DELAWARE, 175 Linfield venience only. The notice indicates that WHEELOCK BROS., INC., 720 East 3d Drive, Menlo Park, Calif., filed Janu­ the carrier is presently authorized to Street, Kansas City, Mo., filed January ary 10, 1966. Carrier proposes to oper­ transport the same commodities, over a 3,1966. Carrier proposes to operate as a ate as a common carrier, by motor ve­ pertinent service route as follows: From common carrier, by motor vehicle, of hicle, of general commodities, with Miami, Fla., over U.S. Highway 27 to general commodities, with certain excep­ certain exceptions, over a deviation route South Bay, Fla., thence over Florida tions, over a deviation route as follows: as follows: From Chicago, HI., over In­ Highway 827 to Canal Point, Fla., thence From Chicago, 111., over Interstate High­ terstate Highway 55 to junction Inter­ over U.S. Highway 441 to Kissimee, Fla., way 80 to junction Interstate Highway state Highway 80, near Joliet, IH., thence thence over U.S. Highway 441 via Or­ 80S located at Ogallala, Nebr., thence over Interstate Highway 80 to Cheyenne, lando and Eustis, Fla., to Ocala, Fla., and over Interstate Highway 80S to Denver, Wyo., and return over the same route, return over the same route. Colo., and return over the same route, for operating convenience only. The No. MC 67216 (Deviation No. 2), BEA­ for operating convenience only. The no­ notice indicates that the carrier is pres-, CON FAST FREIGHT COMPANY, INC., tice indicates that the carrier is presently ently authorized to transport the same 1244 Dorchester Avenue, Boston, Mass., authorized to transport the same com­ commodities over pertinent service routes Carrier’s representative: Kenneth B. modities, over a pertinent service route as follows: (1) From Kansas City, Kans., Williams, 111 State Street, Boston, Mass., as follows: From Chicago, 111., over U.S. over U.S. Highway 69 to junction U.S. 02109, filed January 13, 1966. Carrier Highway 66 to junction Alternate TJ.S. Highway 36, thence over U.S. Highway 38 proposes to operate as a common car­ Highway 66, thence over Alternate U.S. via Monroe City, Mo., to Indianapolis, rier, by motor vehicle, of general com­ Highway 66 to junction U.S. Highway 66, Ind., (2) from Kansas City, Kans., over modities, with certain exceptions, over thence over U.S. Highway 66 to Spring- U.S. Highway 40 to Kingdom City, Mo., deviation routes as follows: From Boston, field, Hl„ thence over U.S. Highway 36 thence over U.S. Highway 54 to junction Mass., over Interstate Highway 90 to to junction U.S. Highway 54, thence over U.S. Highway 35, thence over U.S. High­ junction Massachusetts Highway 15 U.S. Highway 54 to Kingdon City, Mo., way 36 via Jacksonville, 111., to Spring- near Sturbridge, Mass., thence over thence over U.S. Highway 40 to Kansas field, 111., thence over U.S. Highway 66 Massachusetts Highway 15 to Massa- City, Mo., thence over U.S. Highway 24 via Bloomington,, Chenoa, and Braid- ehusetts-Connectieut State line, thence to Manhattan, Kans., thence over Kansas wood, 111., to Chicago, HI., (3) from over Connecticut Highway 15 to junc­ Highway 18 (formerly U.S. Highway 401 Wichita, Kans., over U.S. Highway 54 to tion Interstate Highway 91, thence to Junction City, Kans., thence over U.S. Liberal? Kans., (4) from Liberal, Kans., over Interstate Highway 91 to New Highway 40 via Salina, Kans. to Oakley, over U.S. Highway 83 to junction U.S. Haven, Conn., and (2) from Boston, Kans., thence over U.S. Highway 83 to Highway 24, thence over U.S. Highway 24 Mass., over Interstate Highway 95 to New junction U.S. Highway 24, thence over to Colby, Kans., (5) from Bucklin, Kans., York, N.Y., and return over the same U.S. Highway 24 to Limon, Colo., thence over unnumbered highway to junction routes, for operating convenience only. over U.S. Highway 40 to Denver, Colo., U.S. Highway 154, thence over U.S. High­ The notice indicates that the carrier is and return over the same route. way 154 to Dodge City, Kans., and thence presently authorized to transport the No. MC 38183 (Deviation No. 6), over U.S. Highway 50 (formerly portion same commodities, over pertinent service WHEELOCK BROS., INC., 720 East 3d U.S. Highway 50S), to Garden City, routes as follow: (1) From Cambridge, Street, Kansas City, Mo., filed January Kans., (6) from Denver, Colo., over U.S. Mass., over U.S. Highway 1 to Jersey City, 13, 1966. Carrier proposes to operate as Highway 40 via Agate, Colo., .to Limon, N.J., (2) from junction U.S. Highway 1 a common carrier, by motor vehicle, of Colo., thence over U.S. Highway 24 to and Rhode Island Highway 3 over Rhode general commodities, with certain ex­ junction U,S. Highway 83 (formerly por­ Island Highway 3 to junction Rhode ceptions, over deviation routes as follow: tion U.S. Highway 24), and thence over Island Highway 84, thence over Rhode (1) From Chicago, 111., over Interstate U S. Highway 83 via Halford, Kans., to Island Highway 84 to the Rhode Island- Highway 80 to Des Moines, Iowa, thence Oakley, Kans., (7) from Kansas City, COnnecticut State line, and, thence over over Interstate Highway 35 to Kansas Kans., over the Kansas Turnpike to Connecticut Highway 84 to junction U 5. City, Mo., thence over Interstate High­ Wichita, Kans., (8) from Denver, Colo., Highway 1, and (3) from Boston, Mass., way 70 to Denver, Colo., and (2) from over U.S. Highway 287 to Laramie, Wyo. over Massachusetts Highway 9 to junc­ Chicago, HI., over Interstate Highway 55 (also from Denver over U.S. Highway 85 tion U.S. Highway 20, thence over U.S. to junction interstate Highway 270 near to Cheyenne, Wyo., and thence over UJ5. Highway 20 to junction Massachusetts Troy, 111., thence over Interstate High­ Highway 30 to Laramie, Wyo.), thence Highway 15, thence over Massachusetts way 270 to junction Interstate Highway over U.S. Highway 30 to Little America, Highway 15 to the Massachusetts-Con- 70 near Saint Charles, Mo., thence over Wyo., thence over U.S. Highway 30S via necticut State line, thence over Con­ Interstate Highway 70 to Denver, Colo., Uintah, Utah, to Ogden, Utah, and necticut Highway 15 to junction U.S. and return over the same route, for op­ thence over U.S. Highway 91 to Provo, Highway 5, thence over U.S. Highway 5 erating convenience only. The notice Utah, and (9) from Denver, Colo., over to New Haven, Conn., and return over indicates that the carrier is presently the above-specified routes to Uintah, the same routes. authorized to transport the same com­ Utah, thence over U S. Highway 89 to No. MC 69833 (Deviation No. 135 , AS­ modities over a pertinent service route as junction Alternate U.S. Highway 89 SOCIATED TRUCK LINES, INC., 15 follow: From Chicago, 111, over U.S. (near Farmington, Utah) , thence over Andre Street SE., Grand Rapids 7, Mich., Highway 66 to junction Alternate U.S. Alternate U.S. Highway 89 to junction filed January 12, 1966. Carrier proposes Highway 66, thence over U.S. Highway U.S. Highway 91, thence over U.S. High­ to operate as a common carrier, by motor 66 to Springfield, 111., thence over U.S. way 91 to Provo, Utah, and return over vehicle, of general commodities, with Highway 36 to junction U.S. Highway 54, the same routes. certain exceptions, over deviation routes thence over U.S. Highway 54 to Kingdon No. MC 61628 (Deviation No. 3), TA- as follows: From Chicago, 111., over In­ City, Mo., thence over U.S. Highway 50 to MIAMI FREIGHTWAYS, INC., 4305 terstate Highway 90 (Chicago Skyway Kansas City, Mo., thence over U.S. High­ 21st Avenue, Tampa, Fla., carrier’s rep­ and Indiana and Ohio Turnpike) to To­ way 24 to Manhattan, Kans., thence resentative: James E. Wharton, 616 First ledo, Ohio, and (2) from Chicago, 111., over Kansas Highway 18 (formerly U.S. National Bank Building, Tampa, Fla., over Interstate Highway 94 to junction Highway 40) to Junction City, Kans., 33602, filed January 7, 1966. Carrier Interstate Highway 90, thence over In­ thence over UJS. Highway 40 via Salina, proposes to operate as a common carrier, terstate Highway 90 to Toledo, Ohio, and Kans., to Oakley, Kans., thence over U.S. by motor vehicle, of general commodities, return over the same routes, for operat­ Highway 83 to junction U.S. Highway 24, with certain exceptions, over a deviation ing convenience only. The notice indi­ thence over U.S. Highway 24 to Limon, route as follows: From Miami, Fla., over cates that the carrier is presently au-

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 NO. 17----- 5 1028 NOTICES thorized to transport the same com­ January 12, 1966. Carrier proposes to unnumbered highway, northeast of modities over pertinent service routes as operate as a common carrier, by motor Bowling Green, Ky., over unnumbered follow: (I) From Toledo, Ohio, over U.S. vehicle, of general commodities, withcer­ highway to junction U.S. Highway 3iW; Highway 25 to Detroit, Mich., thence over tain exceptions, over a deviation route as and (5) from junction Interstate High­ U.S. Highway 12 (formerly U.S. High­ follows: From Denver, Colo., over U.S. way 65 and U.S. Highway 231, southeast way 112) to Niles, Mich., (2) from To­ Highway 285 to junction Colorado High­ of Bowling Green, Ky., over U.S. High­ ledo, Ohio, over U.S. Highway 223 to way 112, located approximately 12 miles way 231 to Bowling Green, Ky.; and re­ junction U.S. Highway 12 (formerly U.S. north of Monte Vista, Colo., thence over turn over the same routes, for operating Highway 112), thence over U.S. Highway Colorado Highway 112 to junction U.S. convenience only. The notice indicates 12 to junction U.S. Highway 127, and Highway 160 at of near Del Norte, Colo., that the carrier is presently authorized to thence over U.S. Highway 127 to Jack- thence over U.S. Highway 160 to junc­ transport passengers and the same prop­ son, Mich., (3) from Niles, Mich., over tion U.S. Highway 666 at Cortez, Colo., erty over pertinent service routes as fol­ U.S. Highway 12 (formerly U.S. Highway and thence over U.S. Highway 666 to low: (1) From Huntington, W. Va., over 112), to junction U.S. Highway 12 at or Gallup, N. Mex., and return over the U.S. Highway 60 to Louisville, Ky., near New Buffalo, Mich., and (4) from same route, for operating convenience thehce over U.S. Highway 31W via West Chicago, 111., over U.S. Highway 12 to only. The notice indicates that the car­ Point, Ky., to Tip Top, Ky.; (2) from junction Unnumbered highway (formerly rier is presently authorized to transport Tip Top, Ky., over U.S. Highway 31W to U.S. Highway 12) at or near New Buffalo, the same commodities, over pertinent Goodlettsville, Term.; and (3) from Mich., and return over the same routes. service routes as follows: (1) From Den­ Elizabethtown, Ky., over the toll road ex­ No. MC 69833 (Deviation No. 14), AS­ ver, Colo., over U.S. Highway 85 to Albu­ tending through Shepherdsville, Ky., SOCIATED TRUCK LINES, INC., 15 querque, N. Mex. (also from junction U.S. and Lebanon Junction, Ky., to be desig­ Andre Street SE., Grand Rapids 7, Mich., Highway 85 and unnumbered Colorado nated as the Kentucky Turnpike, to filed January 12, 1966. Carrier pro­ Highway (formerly shown as Colorado Louisville, Ky. ; and return over the same poses to operate as a common carrier, Highway 893), near Lakespur, Colo., over routes. by motor vehicle, of general commodi­ unnumbered highway to junction Colo­ No. MC 1515 (Deviation, No. 290) ties, with certain exceptions, over a de­ rado Highway 105, near Monument, (Cancels Deviation No. 226), GREY­ viation route as follows: From junction Colo., thence over Colorado Highway 105 HOUND LINES, INC. (Eastern Division), U.S. Highway 31 and Interstate High­ to junction U.S. Highway 85, also from 1400 West Third Street, Cleveland, Ohio, way 196 at or near Holland, Mich., over junction unnumbered Colorado High­ 44113; filed January 10, 1966. Carrier Interstate Highway 196, to junction In­ way (formerly shown as old U.S. -High­ proposes to operate as a common carrier, terstate Highway 96 at or near Grand way 85) and U.S. Highway 85, north of by motor vehicle, of passengers and their Rapids, Mich., and return over the same Crow, Colo., over unnumbered Colorado baggage, and express, and newspapers, route, for operating convenience only. Highway to junction U.S. Highway 85), in the same vehicle with passengers, over The notice indicates that the carrier is (2) from Walsenburg, Colo., over U.S. deviation routes as follow: (1) From presently authorized to transport the Highway 160 to Alamosa, Colo., thence Boston, Mass., over Massachusetts High­ same commodities over a pertinent serv­ over U.S. Highway 285 to Santa Fe, way 3 to junction Massachusetts High­ ice route as follows: From Benton Har­ N. Mex., and (3) from Los Angeles, Calif., way 128, thence over Massachusetts bor, Mich., over U.S. Highway 33 (for­ over U.S. Highway 66 to junction unnum­ Highway 128 to junction Interstate High­ merly U.S. Highway 31) to junction bered California Highway (formerly por­ way 95, thence over Interstate Highway Business U.S. Highway 31 (formerly U.S. tion U.S. Highway 66), thence over un­ 95 to junction Rhode Island Highway Highway 31), thence over Business U.S. numbered California Highway via Oro P-37 approximately 6 miles south of Highway 31 to junction U.S. Highway 31, Grade and Lenwood, Calif., to Barstow, Providence, R.I., thence over Rhode Is­ thence over U.S. Highway 31 to Holland, Calif., thence over U.S. Highway 66 to Al- land Highway P-37 to junction Rhode Mich., thence over Michigan Highway buquerque^ N. Mex., and return over the Island Highway 3 approximately 3 21 to Grand Rapids, Mich., and thence same routes. miles north of Natick, R.I.; (2) from over unnumbered highway (formerly Boston, Mass., over U.S. Highway 1 to U.S. Highway 131) to Kalamazoo,-Mich., Motor Carriers of P assengers junction Massachusetts Highway 128, and return over the same route. No. MC 1515 (Deviation No. 289) (Can­ thence over Massachusetts Highway 128 No. MC 69833 (Deviation No. 15), AS­ cels No. MC 1501 Deviation No. 103), to junction Interstate Highway 95; (3) SOCIATED TRUCK LINES, INC., 15 GREYHOUND LINES, INC. (Southern from Pawtucket, R.I., over city streets Andre Street SE., Grand Rapids 7, Mich.; Division), 219 East Short Street, Lexing­ and access roads to Interstate Highway filed January 12, 1966. Carrier pro­ ton, Ky., 40507, filed January 7, 1966. 95 (within the city of Pawtucket); (4) poses to operate as a common carrier, Carrier proposes to operate as a common from Providence, R.I., over city streets by motor vehicle, of general commodi­ carrier, by motor vehicle, of passengers and access roads to Interstate Highway ties, with certain exceptions, over a de­ and their baggage, and express and news­ 95 (within the city of Providence); (5) viation route as follows: From junction papers, in the same vehicle with passen­ from junction Rhode Island Highway 2 U.S. Highway 10 and U.S. Highway 27 gers, over deviation routes as follow; (A) and Rhode Island Highway 3 (approxi­ at or near Clare, Mich., over U.S. High­ From junction Interstate Highway 65 mately 1 mile east of Crompton, R.I.), way 27 to junction Michigan Highway and U.S. Highway 62, northeast of Eliza­ over Rhode Island Highway 2 to junc­ M-55 at or near Houghtoh Lake, Mich., bethtown, Ky., over Interstate Highway tion Interstate Highway 95 (approxi­ and return over the same route, for op­ 65 to junction U.S. Highway 31W, north­ mately 2 miles west of East Greenwich, erating convenience only. The notice west of Murfordville, Ky.; and (B) from R .I.), thence oyer Interstate Highway indicates that the carrier is presently junction Interstate Highway 65 and un­ 95 to junction Rhode Island Highway 3 authorized to transport the same com­ numbered highway, northeast of Bowling (approximately 1 mile north of Noose- modities over pertinent service routes as Green, Ky., over Interstate Highway 65 neck, R .I.); (6) from junction Rhode Is­ follow: (1) From Baldwin, Mich., over to junction U.S. Highway 31W, south of land Highway 3 and Interstate Highway U.S. Highway 10 to Detroit, Mich.; (2) Franklin, Ky., with the following access 95 (approximately 2 miles northeast of from Manistee, Mich., over Michigan routes: (1) From junction Interstate Wyoming, R .I.), over Interstate High­ Highway 55 to junction Michigan High­ Highway 65 and U.S. Highway 62, north­ way 95 to junction Rhode Island High­ way 115, and thence over Michigan east of Elizabethtown, Ky., over U.S. way 3 (approximately 1 mile south of Highway 115 to junction U.S. Highway Highway 62 to Elizabethtown, Ky.; (2) Hopkinton, R .I.); (7) from junction 10; and (3) from Cadillac, Mich., over from junction Interstate Highway 65 and Connecticut Highway 95 (formerly Con­ Michigan Highway 55 to Prudenville, Kentucky Highway 224, east of Upton, necticut Highway 84) and Interstate Mich.; and return over the same routes. Ky., over Kentucky Highway 224 to Up­ Highway 95 at the Oonnecticut-Rhode No. MC 76032 (Deviation No. 11), ton, Ky.; (3) from junction Interstate Island State line, over Interstate High­ NAVAJO FREIGHT LINES, INC., 1205 Highway 65 and unnumbered highway, way 95 to junction U.S. Highway 1 and South Platte River Drive, Denver, Colo., east of Bonnieville, Ky., over unnum­ Connecticut Highway 95 (formerly Con­ 80223. Carrier’s representative: Ken bered highway to Bonnieville, Ky.; (4) necticut Highway 84) at Groton, Conn.; Wolford (same address as carrier), filed from junction Interstate Highway 65 and and (8) from Pawcatuck, Conn., over

FEDERAL REGISTER, VQL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 NOTICES 1029

Connecticut Highway 2 to junction In­ Knoxville, Tenn., filed January 7, 1966. Florida Highway 247, near Lake City, terstate Highway 95 (approximately 2 Carrier proposes to operate as a com­ Pla., thence over Florida Highway 247 to miles southeast of North Stonington, mon carrier, by motor vehicle, of pas­ Lake City, Fla.; (3) from Orlando, Fla., Conn.); and return over the same routes, sengers and their baggage and express over Interstate Highway 4 to a point 2 for operating convenience only. and newspapers in the same vehicle with miles east of Orange City, Pla., thence The notice indicates that the carrier is passengers, over a deviation route as fol­ over connecting road to junction U.S. presently authorized to transport pas­ lows: Prom Crossville, Tenn., over access Highways 17 and 922, and (4) from sengers and the same property over per­ highway U.S. Highway 70N to junction Miami, Pla., over Interstate Highway 95 tinent service routes as follows: (1) Prom Interstate Highway 40 (located approxi­ to Port Lauderdale, Pla., and return over Boston, Mass., over U.S. Highway 1 via mately 2 miles east of Monterey, Tenn.), the same routes, for operating conven­ Dedham and North Atteboro, Mass., thence over Interstate Highway 40 to ience only. The notice indicates that the to Providence, R.I. (also from Ded­ Nashville, Tenn., and return over the carrier is presently authorized to trans­ ham over Massachusetts Highway 1-A same route, for operating convenience port passengers and the same property to North Attleboro), thence over Rhode only. The notice indicates that the car­ over pertinent service routes as follows: Island Highway 3 to Westerly, R.I., rier is presently authorized to transport (1) Prom Valdosta, Ga., over Georgia thence over U.S. Highway 1 and Alter­ passengers and the same property, over Highway 94 to Council, Ga., thence over nate U.S. Highway 1 via Port Chester, a pertinent service route as follows: Georgia Highway 94 to the Georgia- N.Y., to New York, N.Y.; and (2) Prom Knoxville, Tenn., over U.S. High­ Florida State line, thence over Florida from Providence, R.I., over Rhode Island way 70 to Crossville, Tenn., thence over Highway 2 to the Florida-Georgia State Highway 3 to junction Rhode Island U.S. Highway 70S to Nashville, Tenn., line, thence over Georgia Highway 94 to Highway 3-A, thence over Rhode Island and return over the same route. St. George, Ga., thence over Georgia Highway 3-A to Arctic, R.I., thence No. MC 8500 (Deviation No. 9) (Can­ Highway 94 to the Georgia-Florida State over Rhode Island Highway 117 to cels Deviation No. 7), TENNESSEE line, thence over unnumbered county junction Rhode Island Highway 3, TRAILWAYS, INC., 710 Sevier Avenue, road to junction Florida Highway 121, thence over Rhode Island Highway 3 via Knoxville, Tenn., filed January 7, 1966. thence over Florida Highway 121 to junc­ Wyoming, R.I., to Hopkinton, R.I., thence Carrier proposes to operate as a common tion Florida Highway 108, thence over over Rhode Island Highway 84 to the carrier, by motor vehicle, of passengers Florida Highway 108 to junction U.S. Rhode Island-Connecticut State line, and their baggage and express and Highway 1, and thence over U.S. High­ thence over Connecticut Highway 95 to newspapers, over deviation routes as fol­ way 1 via Callahan and Dinsmore, Pla., New London, Conn.; and return over the low: From Chattanooga, Tenn., over In­ to Jacksonville, Fla., (2) from Lake City, same routes. terstate Highway 75 to junction Georgia Pla., over U.S. Highway 90 to junction No. MC 1515 (Deviation No. 291), Highway 53 (approximately 3 miles south Florida Highway 100, thence over Florida GREYHOUND LINES, INC. (EASTERN of Calhoun, G a.), thence over Georgia Highway 100 to Lake Butler, Pla., thence DIVISION), 1400 West Third Street, Highway 53 to junction U.S. Highway 41, over Florida Highway 23 (also numbered Cleveland, Ohio, 44113, filed January 14, thence over U.S. Highway 41 to Carters- Florida Highway 121) to junction U.S. 1966. Carrier proposes to operate as a ville, Ga., and over the following access Highway 44i, thence over UJ3. Highway common carrier, by motor vehicle, of roads: (1) Prom junction Interstate 441 to Gainesville, Pla.; (3) from Or­ passengers and their baggage, and ex­ Highway 75 and Georgia Highway 2, over lando, Fla,, over U.S. Highways 17 and press and newspapers, in the same ve­ Georgia Highway 2 to Ringgold, Ga., 92 to DeLand, Pla.; and (4) from Miami, hicle with passengers over deviation thence over Georgia Highway 151 to Pla., oyer U.S. Highway 1 to Fort Lauder­ routes as follow: (1) Prom junction U.S. junction Interstate Highway 75, and (2) dale, Pla., and return over the same Highway 24 and Interstate Highway 69, from junction Interstate Highway 75 and routes. approximately 6 miles southwest of Fort U.S. Highway 41, over U.S. Highway 41 By the Commission. Wayne, Ind., over Interstate Highway to Dalton, Ga., and return over the same 69 to junction Indiana Highway 9 ap­ routes, for operating convenience only. [seal] H, Neil G arson, proximately 4 miles south of Anderson, The notice also indicates that the carrier Secretary. Ind., (2) from Marion, Ind., over Indiana is presently authorized to transport pas­ [F.R. Doc. 66-883; Filed, Jan. 25, 1966; Highway 18 to junction Interstate High­ sengers and the same property, over a 8:48 a.m.j way 69, and (3) from Anderson, Ind., pertinent service routejas follows: from over Indiana Highway 32 to junction Chattanooga, Tenn., and over U.S. High­ Interstate Highway 69 and return over way 27 via Rossville, Ga., to Port Ogle­ the same routes, for operating conven­ thorpe, Ga., thence over Georgia High­ DEPARTMENT OF JUSTICE ience only. The notice indicates that the way 2 to Ringgold, Ga., thence over U.S. carrier is presently authorized to trans­ Highway 41 via Rocky Face, Ga., to Office of Alien Property port passengers and the same property Dalton, Ga., thence over U.S. Highway 76 over pertinent service routes as follow: to junction Georgia Highway 225, thence FRIEDRICH N. HORN ET AL. return over Georgia Highway 225 to (1) Prom Indianapolis, Ind., over U.S. Notice of Intention To Return Highway 36 to junction unnumbered junction U.S. Highway 76, thence over highway at a point one and one-half U.S. Highway 76 to Chatsworth, and re­ Vested Property miles south of Pendleton, Ind., thence turn over the same route. No. MC 74761 (Deviation No. 2), Pursuant to section 32(f) of the Trad­ over unnumbered highway to Pendleton, ing with the Enemy Act, as amended, thence over Indiana Highway 38 to junc­ TAMIAMI TRAIL TOURS, INC., 4305 21st Avenue, Tampa, Pla. Carrier’s rep­ notice is hereby given of intention to re­ tion Indiana Highway 9, thence oyer turn, on or after 30 days from the date Indiana Highway 9 to Huntington, Ind., resentative: James E. Wharton, 616 First National Bank Building, Tampa, Pla., of publication hereof, the following prop­ thence over U.S. Highway 24 to Napo­ erty after adequate provision for taxes: leon, Ohio; (2) from junction of U.S. 33602, filed January 14, 1966. Carrier Highway 36 and unnumbered highway, proposes to operate as a common carrier, Claimant, Claim No., Property and location over unnumbered highway to Port Ben­ by motor vehicle, of passengers and their (24) Friedrich N. Horn, Stadionkade 125, jamin, Ind., and (3) from Indianapolis, baggage and express and newspapers in Amsterdam-Z,. The Netherlands; $900.00; Ind., over Indiana Highway 37 to junc­ the same vehicle with passengers, over (110) K. Wildi-Merz, Schillerweg 6, 4144 tion Indiana Highway 13, thence over deviation routes as follows: (1) Prom Arlesheim, Switzerland; $972.00; (170) Har- Jacksonville, Pla., over Interstate High­ tog & Co., A/S, Stensberggt. 27, Oslo, Norway; Indiana Highway 13 to Elwood, Ind., $103.50; (182) The Chase Manhattan Bank, thence over Indiana Highway 28 to junc­ way 10 to junction Interstate Highway Trustee U/W/O William K. Cleverley, de­ tion Indiana Highway 37, thence over 75, approximately 5 miles northwest of ceased, 1 Chase Manhattan Plaza, New York, Indiana Highway 37 to Marion, Ind,, Lake City, Fla., thence over Interstate N.Y., 10015; $126.66; (222) Schweizerischer and return over the same routes. Highway 75 to Valdosta, Ga.; (2) irom Bankverein, 1, Aeschenvorstadt, 4002 Basle, No. MC 8500 (Deviation No. 8) (Can­ Gainesville, Pla., over Florida Highway 26 Switzerland; $1,648.50; (226) J. Vontobel & cels Deviation No. 5), TENNESSEE to junction Interstate Highway 75, thence Co., Bankers, Bahnhofstr. 3, Zurich, Switzer­ TRAILWAYS, INC., 710 Sevier Avenue, over Interstate Highway 75 to junction land; $520.50; (227) Schweizerischer Bank-

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 1030 NOTICES verein, 1, Aeschenvorstadt, 4002 Basle, Switz­ Benjamin J . Spitz, 35 Church Street, Pater­ Prague, v likvidaci, Drazickeho namesti 7, erland; $648.00; (242) Swiss Bank Corp., son, N.J.; $47.62; (Sp. R) Eric G. Kaufman, Praha 1, Mala Strana, Czechoslovakia; Claim Zurich, Switzerland; $4.50; (270> Alice 802 West 190 Street, New York, N.Y., 10040; No, 62556; Vesting Order No. 15284; $46.50. Geiser, 800 North State Street, Apartment $57.75; Carl Marks & Co. Inc., 20 Broad AH of the foregoing amounts are held in the 4624, Chicago, HI.; $14.00; (271) Kathleen T. Street, New York, N.Y., 10005; $13,444.50; Treasury of the United States. Ullery, Rural Delivery 2, Millerstown, Pa.; Stanley L. Roggenburg, % Frederic H. $11.75; (272) Maatschappij voor Industrie en Hatch & Co., Inc., 37 Wall Street, New York, Executed at Washington, D.C., on Jan­ Handelsbelangen, Keizersgracht 404, Araster- N.Y., 10005; $4,180.04; Stanley L. Rotenburg, uary 20, 1906. dam-C, The Netherlands; $4.50; (273) Swiss % Frederic H. Hatch & CO., Inc., 37 Wall Credit Bank, 8 Paradeplatz, 8001 Zurich, Street, New York, N.Y., 10005; Claim No» For the Attorney General. Switzerland; $484.50; (274) Aage 0rtun, Ad­ 17462; $462.00. Anthony L. Mondello, ministrator of the Estate of Einil Kruse (245) Uverni ustav v Praze, drive Kredit­ Deputy Director, Pagh, deceased, Bredgade 87, Denmark; anstalt der Deutschen, Prague, v likvidaci, $31.50; (Sp. K) Auguste Rene Dujarrie de la Drazickeho namesti 7, Praha 1, Mala Strana, Office of Alien Property. Riviere, 18 bis, avenue Victor Hugo, Neruilly Czechoslovakia; $4.50; (246) Uverni ustav v [FR . Doc. 66-991; Filed, Jan. 25» 1966; S/Seine (Seine), France; $113.50; (Sp. Q) Praze, drive Kreditanstalt der Deutschen, 11:05 ana.)

FEDERAL REGISTER, VOL. 31, NO. 17— WEDNESDAY, JANUARY 26, 1966 FEDERAL REGISTER imi

CUMULATIVE LIST OF CFR PARTS AFFECTED— JANUARY

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 January.

3 CFR Page 7 CFR—Continued Page 9 CFR—Continued Page Proclamations: 1421______— . 474 102— 82 3235 (terminated by Proc­ 1427—..—l— —-474, 813 120____■—-ii— 82 lamation 3696) ___ _ 421 1434______— ______— 7, 815 122______-¡— 81 3323 (terminated by Proc­ P r o p o se d R u l e s : * f. 123______— — — ------82 lamation 3697)______423 52— ______270 131______— ------82 3695 ______123 58______:______903 151_— ______82 3696 ______421 711____ 830 156______82 3697 _; ___ i ______423 730______903 P roposed R ules : 3698 ______937 913______— 564 94______— 538 939 916______— 295 3699 ______10 CFR Executive Orders: 932______153 Dec. 16, 1911 (revoked in part 970______974 20______*______86 by PLO 3916)______901 1003______974 P roposed R ules : Feb. 20, 1913 (revoked in part 1006______— 153, 352 Ch. I______220, 221 by PLO 3915)______900 1013______975 2______830, 831, 832 6816 (revoked in part by PLO 1016______974 50______832 3912)______900 1030 ___ :______564 55______832 8102 (revoked in part by PLO 1031______a_____ 564 115______- ____— 17, 832 3919) 902 1032 ______564 12 CFR 10292 (seeEO U 266)______743 1038 ______564 201-______1001 10448 (amended by EO 11265) _ 425 1039 ______564 530______287 10469 (seeEO 11266______— 743 1051______564 545______315 11098 (seeEO 11266»)______743 1062 ______564 555______287 11248 (amended by EO 1063 ______— ______434, 564 P roposed R u les: 11268) ______871 1067______:__1____ 564 204______„______1010 11264 ______67 1068 ______92 217______1010 11265 ______425 1070______564 453______225 11266 ______743 1078 ______564 545______— ______576 11267 ______£ _____ 807 1079 ______564 11268 ______871 1099______434 13 CFR 1126______910 Ch. m ______8 5 CFR 1130— ______92 213______5,71,147, P roposed R u les: 1138______477 121______225, 480 287, 288, 473, 533, 557, 693, 809, 873. 8 CFR 531-______809 101.______535 14 CFR 550_„______147 103______:______535 25______125 1001______873 204 ______535 37— ______125 205 ______535 39______82, 129, 249, 288, 475, 693, 1002 7 CFR 245______535 71______83, 129, 52______880 299— ______536 131, 203, 249, 250, 288, 342, 427- 81______999 P r o p o s e d R u l e s : 429, 475, 536, 693, 876-878, 957 301______427 103______535, 830 73______475, 878, 958 318______999 15-______342 701______473 9 CFR 95______878 724______703, 881, 886 51 ______— 81 97______— 132, 204, 251, 694 728— ______181, 194, 745, 810, 811 52 ___ 81 121______125, 1002 730______5,148 53 ______81 295______557 775______194 54 ______81 302______84 775______194, 315 55 ______81 387_— ______702 813 ______71, 72 56 ______81 P roposed R u les: 814 ______74,197 71 ______81 23______— 93 815 ______74 72 ______81 25______93 868______77 73 ______81, 745 27____ 93 877 ______199 74 ______81 2 9 ______93 878 ______79 75 ______81 37— ______296 905 ______5,148 76 ______3______81 39______352, 574, 715 906 ______— _____ 999, 1000 77 ______81 71______98, 99 907 ___ 148, 259, 342, 533,704, 888,1000 78 ______7,81 153, 154, 224, 270-272, 478, 716, 909 ______534 79 ______81 911,912. 910 ______6, 80, 259, 474, 534, 888 80 ______81 73______— ______297 Oil______959 81______81 75______99, 352 913______259 82______81 135______717 932______811 83______81 221______754 944______1______1001 91______81 288______565 959______811, 813 92______81 399______224, 565 967______260 94 ______81 971______— ______557 9 5 ______81 15 CFR 987______960 96 ____ 81 30______260 993______80 97— ______81 230______343 999______960 101______82 384______85, 960 1032 FEDERAL REGISTER

16 CFR Pa«e 28 CFR Pa*e 43 CFR 13 _____ 261, 343-347, 558, 559, 1003,1004 0------704 P ublic L and Orders: 15______85 29 CFR 639 (modified by PLO 3920) „ 1007 P roposed R ules : 6------893 3909______87 70------539 8------893 3910______2______899 3911_-______:______899 17 CFR 20------954 1200______894 3912 ______!__ 900 231______1005 3913 ______900 240 ______86,211,262,475,560 P roposed R u les: 3914 ______900 241 ______i_____ 1005 409______1009 3915_____ 900 251______1005 30 CFR 3916 ______901 261______1______1005 401______475 3917 ______901 271______1005 P roposed R u les: 3918 ______901 276______1005 27______89 3919 ______902 P roposed R u les: 32 CFR 3920 ______1007 230______577 41____ 705 44 CFR 239______„______577 111______898 401------1007 18 CFR 733______291 1622______745 705------151 2______215 707 ------151 4—1______889 33 CFR 708 ------432, 537 152 ______430 202 ______561 153 ______430 203 ______1005 45 CFR 156 ______430 204 ______561, 816 141 _ 824 157 ______430 207______561 142 ______825 159______430 209______955 Ch. IV______498 19 CFR 39 CFR 801------15, 265, 902 I ______315 4______5,______537 4 6 CFR 4______536 16______537 160______562 P roposed R ules : 22______476 162______563 2______266, 434 46______537 164______1______563 115______;______476 P roposed R ules! 21 CFR 168______810 8______8 502______356 201______265 510______764 51 Q P roposed R u les: I20IIIIIIIII _IIIIII __289 51 ______294, 434, 538 47 CFR 121______9, 215, 216, 289, 290, 560 52 ______294,434, 538, 564 1 ------746 141a______889 53 ______294, 434, 538 2 ------i ______292 14 le ______560 58______294, 434, 538 13------15 145______890 61______294, 434, 538 43------746 146a______889, 893 96______712 51------746 146c______10 132 ______294, 434, 538 73------349, 350, 748 146e____ 560 133 ____ 294, 434, 538 81------350 148b______86 41 CFR 83______350 148q____ 890 95------959 166______264 1-2______348 1-3______348 P roposed R u les: P roposed R u les: 2------353, 755 27______17 1-12___ ;______11 I - 30______348 21------353 120 ______903 » 31______354 121 ______903 5-1______708 8-19______745 33 __ 354 148g______712 34 ------354 166______565 I I - 1______817, 821 11-2-______821,959 35 ------354 2 4 CFR 11-3______821 73 ------354, 355,575, 756, 757 74 ------758 S ubtitle A______815 11-4______817 11-5______!______817, 822 81------759 I I ______816 11- 10______820 83------____ :______759 200______816 18-1______596 85------759 2 6 CFR 18-2______596 87------18,353,755,763 1______148, 941 18-3______596 89______18,353, 763 31______148 18-4______596 91------18, 353,763 151___ 429 18-5______596 93------18,353, 763 270______:______32 18-6______596 97------575 275______40 18-7______596 48 CFR 280______47 18-8______596 18-9____ 596 412------826 285______47 501______827 290______:______47 18-10______596 295 ______57 18-11______596 18-12______596 49 CFR 296 ______s.______58 77 537 301___ 148 18-13------1------596 ------18-14______i__ 596 95------125, 710 P roposed R ules : 18-15______596 170------829 1______965 18-16______596 P roposed R u les: 31______i______965 18-51______596 48______974 120------912 18-52______596 170------1010 170______217, 352 101-43______1007 301______965 205______912 42 CFR 2 7 CFR 73------14 50 CFR P roposed R u l e s: 200______203 32 ______88, 351, 433 5____—______1009 203______203 33 ------433, 941, 1008

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

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