FEDERAL REGISTER VOLUME 30 » NUMBER 91 Wednesday, May 12,1965 • Washington, D.C.

r Pages 6507-6565

Agencies in this issue— Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Service Commission Coast Guard Commerce Department Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Forest Service Housing and Home Finance Agency Indian Affairs Bureau Interior Department Interstate Commerce Commission Maritime Administration Securities and Exchange Commission Treasury Department Detailed list of Contents appears inside.

y

\ Just Released

LIST OF CFR SECTIONS AFFECTED

January-April 1965

(Codification Guide)

The List of CFR Sections Affected is published monthly on a cumulative basis. It lists by number the titles, parts, and sections of the Code of Federal Regu­ lations amended or otherwise affected by documents published in the F e d e r a l R e g is t e r during 1965. Entries indicate the exact nature of a ll changes effected. This cumulative list of CFR sections affected is supplemented by the current lists of CFR parts affected which are carried in each daily F e d e r a l R e g is t e r .

Individually priced : 15 cents a copy

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

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

Note to subscribers: The January-April 1965 List of CFR Sections Affected was mailed free of charge to FR subscribers on May 11,1965.

Published daily, Tuesday through Saturday (no publication on Sundays, M° L nai FEDERAL1®ISTER on the day after an official Federal holiday), by the Office of the Federal Register, tlonai Ph n oai_ i 9ai Archives and Records Service, General Services Administration (mail address • ^ Areq Code 202 \ 1934 - <4yfTCDfw/viTto - 0 6 Archives Building, Washington, D.C. 20408), pursuant to the authority contain^ Admin. Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8 B ), under regulations prescribed by tn. tendent istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ) . Distribution is made only by the Super of Documents, Government Printing Office, Washington, D.C. 20402. navable & The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per money advance. H ie charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit checK order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. titles, P«1' The regulatory material appearing herein is keyed to the C ode op F ederal R egulations, which is published, under . + ndgnt of suant to section 11 of the Federal Register Act, as amended. The Code op F ederal R egulations is sold by the Super Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. regulations- There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of Federal Contents

AGRICULTURAL STABILIZATION FEDERAL COMMUNICATIONS FEDERAL RESERVE SYSTEM AND CONSERVATION SERVICE COMMISSION Notices Rules and Regulations Rules and Regulations Chase Manhattan Bank; applica­ tions for unlisted trading priv­ Reconstitution of farms, allots Radio broadcast services: ileges^______6555 ments, and bases; pooling and FM broadcast station; Plymouth transfer of allotments______6511 and Goshen, Inc______6520 Operator requirements______6519 FISH AND WILDLIFE SERVICE AGRICULTURE DEPARTMENT Proposed Rule Making Rules and Regulations See Agricultural Stabilization and Certain FM broadcast stations; North Dakota, national wildlife Conservation Service; Commod­ table of assignments______6543 refuges; sport fishing______6521 ity Credit Corporation; Con­ Radio frequency operated in­ Notices sumer and Marketing Sérvice; truder alarms; use______6541 Wildlife matters; delegation of Forest Service. v Notices authority______6548 ATOMIC ENERGY COMMISSION Hearings, etc.: Chicagoland T V Co., and Chi­ FOREST SERVICE Rules and Regulations cago Federation of Labor and Notices Procurement regulations: Industrial Union Council____ 6549 Director, Division of Land Adjust­ Foreign purchases______6519 Continental Broadcasting of ments; delegation of authority General, foreign purchases and \ California, Inc. (K D A Y )______6549 to accept options and execute contract clauses______6519 Lampasas Broadcasting Corp. deeds______;__ 6549 Special types and methods of (KCYL)______6551 procurement______6519 Ocean County Radio Broad­ HOUSING AND HOME casting Co. et al______6551 CIVIL SERVICE COMMISSION WHOO Radio, Inc.

SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc. : Continental Vending Machine Corp______6556 E R T Corp______6556 Pittsburgh, Youngstown and Ashtabula Railway Co. et al_ 6556 Security Trust Associates_____:_ 6557 TREASURY DEPARTMENT See also Coast Guard. Notices Galvanized ware from Canada; notice of intent to discontinue investigation and to make de­ termination that no sales exist below fair value______6548

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.

5 CFR 14 CFR 41 CFR ||| ; * 591______6511 Proposed Rules: 9-1 ___ ... 6519 91 6541 9-4 ______6519 7 CFR 129 ______— _ .______6541 9-6 (2 documents) ------__ 6519 9 7 .. 6519 719______- 6511 18 CFR 1421______6511 46 CFR P roposed R u l e s : 157 _____ —______6518 95 __ 6517 Ch. IX — _____ 6523 1097______6534 25 CFR 1102______6534 47 CFR Proposed Rules : 6519,6520 1108______6534 2 2 1______6523 73 (2 documents)------1138______U 6538 Proposed Rules: 15 . 6541 12 CFR 73 . 6543 561______6517 P roposed R u l e s : 50 CFR 563— ______— 6544 33— ______. 6521 Rules and Regulations

of the Soil Bank Act (7 U.S.C. 1812), Chapter XIV— Commodity Credit Cor­ Title 5— ADMINISTRATIVE and the Soil Conservation and Domestic poration, Department of Agriculture Allotment Act (16 U.S.C. 590 g-p). This PERSONNEL amendment provides for approval of SUBCHAPTER B— LOANS, PURCHASES, AND OTHER OPERATIONS Chapter I— Civil Service Commission transfer of pooled allotments by the re­ ceiving State committee, which the ap­ [C.C.C. Grain Price Support Begs., 1965- PART 591— ALLOWANCES AND DIF­ proval of the Deputy Administrator, upon Crop Rye Supp.] FERENTIALS P A Y A B LE IN NON- a 1 finding of facts which support the con­ PART 1421-—GRAINS AND SIMILARLY FOREIGN AREAS clusion that a bona fide ownership of the farm exists notwithstanding a lease HANDLED COMMODITIES Places and Rates at Which Allow­ of the farm to the seller for the first Subpart— 1965-Crop Rye Loan and ances Shall Be Paid year the- allotment is transferred. Purchase Program (b) Since transfers of pooled allot­ Section 591.202 is amended to show ments are now pending for the current C.C.C. Grain Price Support Regula­ reductions of the cost-of-living allow­ year it is essential that this amendment tions Governing Price Support for the ance rates in Puerto Rico and the Virgin be made effective as soon as possible. It 1964 and Subsequent Crops (29 F.R. Islands. Effective on the first pay period is hereby determined and found that 2686) issued by the Commodity Credit beginning on or after July 1,1965, § 591.- compliance with the notice and public Corporation and containing regulations 202 is amended as set out below. procedure requirements, and the 30-day of a general nature with respect to price § 591.202 Places and rates at which al­ effective date requirement of section 4 support operations are supplemented for lowances shall be paid. of the Administrative Procedure Act (60 the 1965-crop of rye as follows: Stat. 238; 5 U.S.C. 1003) is impracticable In accordance with the act and sec­ Sec. and contrary to the public interest and 1421.2825 Purpose. tion 205 of Executive Order 10,000, as this amendment shall be effective upon 1421.2826 Availability. amended, and in consideration of rela­ filing this document with the Director, 1421.2827 Eligible rye. tive consumer price levels m the area and Office of the Federal Register. ' 1421.2828 Determination of quality. in the District of Columbia, and differ­ Section 719.11(f) (4) of the regulations 1421.2829 Determination of quantity. ences in goods and services available and for Reconstitution of Farms, Allotments, 1421.2830 Warehouse receipts. the manner of living of persons employed 1421.2831 Service charges. and Bases (29 F.R. 13370, as am ended), is 1421.2832 Warehouse charges. in the area concerned in positions com­ amended by adding the following sen­ parable to those of United States employ­ 1421.2833 Maturity of loans. tence at the end thereof : 1421.2834 Support rates. ees in the area, allowances are established at the following places and rates: § 719.11 Pooling and transfer of farm A u t h o r it y : The provisions of this subpart acreage allotments and feed grain issued under sec. 4, 62 Stat. 1070 as amended; Alaska (including all the Aleutian Islands 15 U.S.C. 714b. Interpret or apply sec. 5, east of longitude 167 degrees east of Green­ bases where the farm owner is dis­ placed by an agency having the right 62 Stat. 1072, seds. 105, 401, 63 Stat. 1051 as wich) : 25 percent of rate of basic compensa­ amended; 15 U.S.C. 714c, 7 U.S.C. 1421, 1441. tion. > o f eminent domain. Commonwealth of Puerto Rico: 5 percent * * * * * * § 1421.2825 Purpose. of rate of basic compensation. ( f ) Transfer from the pool. * * * Hawaii (excluding Ocean or Eure Island) : This subpart contains additional pro­ 15 percent of rate of basic compensation. (4) Action of receiving State commit­gram provisions, which, together with virgin Islands of the United States: 5 per­ tee and Deputy Administrator. * * * the applicable provisions of the General cent of rate of basic compensation. Notwithstanding any other provisions of Regulations Governing Price Support for this section and particularly subpara­ 207- 62 Stat. 194, as amended; 5 U.S.C. the 1964 and Subsequent Crops, and y8h; sec. 202, E.O. 10,000, 13 F.R. 5453, 3 graph (3) (v> of this paragraph, the re­ any amendments thereto, apply to loans t-FR, 1943-48 Pomp., p. 792; E.O. 10636, 20 ceiving State committee, with the ap­ and purchases for 1965-crop rye. F.R. 7025, 3 CFR, 1954-58 Comp., p. 268) proval of the Deputy Administrator, may authorize a transfer of allotment in any § 1421.2826 Availability. United States Civil Serv­ case where the displaced owner presents Producers desiring to participate in ice Commission, evidence satisfactory to the receiving this program must file an application for [seal! Mary V. W enzel, State committee and the Deputy Admin­ price support not later than January 31, Executive Assistant to istrator that the displaced owner has 1966, in those States in which loans have the Commissioners. made a normal acquisition of the receiv­ February 28, 1966, as the maturity date [PR. Doc. 65-4984; Filed, May 11, 1965; ing farm for the purpose of bona fide (see § 1421.2833) and not later than 8:46 a.m.J ownership to reestablish his farming op­ March 31, 1966, in all other States. erations although the farm is leased to Loans shall be available through the last the seller of the farm for the first year day on which an application must be Title 7— AGRICULTURE the allotment is transferred. filed in the applicable area. ***** § 1421.2827 Eligible rye. Chapter VII— Agricultural Stabiliz (Secs. 375, 378, 52 Stat. 66, as amended, 72 (a ) General. In order to be eligible ion and C o n se rv a tio n Servi Stat. 995, as amended, 7 US.C. 1375, 1378; sec. 124, 70 Stat. 198, 7 U.S.C. 1812; secs. for price support, the rye must be mer­ »Agricultural Adjustment!, Depa 16(b), 74 Stat. 1030, 16(c), 75 Stat. 5, 16(d), chantable for food, feed, or other uses as ment of Agriculture 75 Stat. 302, 105(c), 75 Stat. 301, 16(h), 77 determined by CCC and must not contain Stat. 45, 16 UB.C. 590p) mercurial compounds or other substances SUBCHAPTER B— FARM ACREAGE ALLOTMEf poisonous to man or animals. and marketing q u o t a s Effective date. Date of filing this doc­ (b ) Warehouse-stored loan grade re­ {Arndt. 4] ument with the Director, Office of the Federal Register. quirements. In order to be eligible for a warehouse storage loan, rye must also Pw îm «,9T'.reconstitut |o n I Signed at Washington, D.C., on May meet the following requirements: ARMS' ALLOTMENTS, a n d b a s i 6,1965. (1) The rye must grade (i) No. 2 or Pooling and Transfer of Allotmen H. D. G o d f r e y , better or (ii) No. 3 or 4 either on the Administrator, Agricultural factor of test weight or “thin” grade, or Stabilization and Conserva­ both, but otherwise must grade No. 2 tion Service. or better. [FJR. Doc. 65-5002; Filed, May 11, 1965; (2) Rye > must not grade “Light 8:47 am .] Smutty,” “Smutty,” “Light Garlicky,” 6511 6512 RULES AND REGULATIONS

“Garlicky,” or contain In excess of 1 percentage of ergot for rye containing § 1421.2832 Warehouse charges. percent ergot. in excess of three-tenths of 1 percent (a ) Handliftg and storage liens. Ware­ (3) Rye must not grade “Weevily” orof ergot, (4) test weight, (5) dockage, house receipts and the rye represented * “Tough” unless (i) it is represented by a ( 6) moisture, if over 14 percent, (7) any thereby stored in an approved warehouse other grading factor(s) • when such. warehouse receipt accompanied by a sup­ operating under the Uniform Grain plemental certificate which provides that factor(s) and not test weight determine Storage Agreement may be subject to the warehouseman shall deliver rye the grade, and (8) whether the. rye ar­ liens for warehouse handling and storage which does not grade “Weevily” or rived by rail, truck, or barge. charges at not to exceed the Uniform “Tough” and (ii) is otherwise of an eligi­ (c) Where warehouse receipt shows G rain Storage Agreement rates from the ble grade and quality. The grade, qual­ “ Weevily” or excess moisture. If a ware­ date the rye is deposited in the ware­ ity, and quantity shown on the supple­ house receipt tendered for loan indicates house for storage. Warehouse receipts mental certificate must be as provided in that the rye grades “Weevily”, or con­ and the rye represented thereby stored tains over 14 percent moisture, the ware­ § 1421.2830. in an approved warehouse operated by house receipt must be accompanied by § 1421.2828 Determination of quality. an Eastern common carrier may be sub­ a supplemental certificate as provided in ject to liens for warehouse elevation (re­ (a ) Grading factors. The grade, § 1421.2827(b) (3 ). The grade, grading ceiving and delivering) and storage grading factors, and all other quality factors, and quantity to be delivered must charges from the date o f deposit at rates factors shall be based on the Official be shown on the supplemental certificate approved by the Interstate Commerce Grain Standards of the United States for as follows : Commission. In no event shall a ware­ Rye, whether or not a determination of (1) When the warehouse receipt shows houseman be entitled to satisfy the lien grade and quality is based on an official “Weevily” and the rye has been condi­ by sale of the rye when CCC is holder inspection. tioned to correct the “Weevily” condi­ of the warehouse receipt. (b ) Ergot. The quantity of ergot shall tion, the supplemental certificate must (b ) Deduction, of storage charges— be stated in terms of tenths of 1 percent show the same grade without the U G SA warehouses. A table to be pub­ and, where applicable, the word “Ergoty” “Weevily” designation and the same lished later as an amendment to this shall be added to, and made a part of, grading factors and quantity as shown paragraph will provide the deduction for the grade designation. on the warehouse receipt; storage charges to be made from the (2) When the warehouse receipt indi­ amount of the loan or purchase price in § 1421.2829 Determination of quantity. cates a moisture content of over 14 per­ the case of rye stored in an approved When the quantity is determined by cent and the rye has been dried or warehouse operated under the Uniform weight, a bushel shall be 56 pounds of blended, the supplemental certificate Grain Storage Agreement. Such deduc­ rye free of dockage. must show the grade, grading factors, tion shall be based on entries shown on (a ) In warehouse. The quantity of and quantity after drying or blending the the warehouse receipts. If written evi­ rye on which a warehouse storage loan rye to a moisture content of not over 14 dence is submitted with the warehouse shall be made and the quantity delivered percent. The quantity shown shall re­ receipt that all warehouse charges except to or acquired by CCC in an approved flect a drying or blending shrink as speci­ receiving and loading-out charges have warehouse under a farm-storage loan or fied in § 1421.2829; been prepaid through the applicable loan a purchase shall be the net weight speci­ (3) The supplemental certificate must maturity date, no storage deductions fied on the warehouse receipt or on the state that no lien for processing will be shall be made. If such written evidence supplemental certificate, if applicable. claimed by the warehouseman from CCC is not submitted, the date to be used for If the rye has been dried or blended to or any subsequent holder of the ware­ computing the storage deduction on rye ■ reduce the moisture content, the quantity house receipt; stored in approved warehouses operating specified on the warehouse receipt or sup­ (4) In case of conditions specified in under the Uniform Grain Storage Agree­ plemental certificate, if applicable, shall subparagraphs ( 1) and ( 2) of this para­ ment shall be the latest of the following: represent the quantity after drying or graph, the grade, grading factors, and (1) The date of deposit, (2) the date stor­ blending, and such quantity shall reflect the quantity shown on the supplemental age charges start, or (3) the day follow­ a minimum shrink in the receiving certificate shall supersede the entries for ing the date through which the storage weight of 1.2 times the percentage dif­ such items on the warehouse receipt. charges have been paid. If none of the ference between the moisture content of (d ) Liens. The warehouse receipts foregoing datés is shown, the date of the the rye, when received, and 14 percent. may be subject to liens for warehouse charges only to extent indicated in warehouse receipt shall be used. (b ) O n farm. The quantity of eligible (c) Deduction of storage charges § 1421.2832. rye which may be placed under farm- Eastern common carriers. In the case (e) Freight bill requirements. W a re ­ storage loan shall be determined in ac­ of rye stored in an approved warehouse cordance with § 1421.67 of the general house receipts representing rye which operated by an Eastern common earner, regulations. The quantity acquired by has been shipped by rail or water from there shall be deducted in computing CCC shall be determined by weight. In a country shipping point to a designated loan or purchase price the amount ot-t determining the quantity of sacked rye terminal point, or shipped by rail or approved tariff rate for storage ^not by weight a deduction of three-fourths water from a country shipping point to eluding elevation), which will aCC£.h of a pound for each sack shall be made. a storage point and stored in transit to a late from the date of deposit throug (c) Dockage. When the quantity is designated terminal point, must be ac­ applicable maturity date unless w determined by weight the percentage of companied by registered freight bills or evidence is submitted with the war by a certificate containing similar infor­ dockage shall be determined and the receipt that such, charges have bee P weight of such dockage shall be deducted mation. These registered freight bills paid. Where the producer presents e from the gross weight in determining the or certificates must be representative as dence showing the elevation to origin and date of movement of the net quantity. have been prepaid, the a-moiant rye and must reflect the total freight § 1421.2830 Warehouse receipts. storage charges to be f edu^ deleVation rate from origin to designated terminal reduced by the amount of the eiev<* Warehouse receipts tendered to CCC point, including penalty for out-of-line o y'otûc? nronoiH hv tllG DrOuUC6 • in connection with a loan or a purchase haul, if any. Thè form of the certificates must meet the requirements of this will be prescribed by the ASCS commod­ 421.2833 Maturity of loans. section. ity office and shall be signed by the ware­ (a ) Separate receipt. A separate houseman and may be made a part of the joans mature on demand but ,n February 28, 1966, for rye stored^ warehouse receipt must be submitted supplemental certificate. for each grade and quality of rye. ,bama, Arkansas, Del^ M ^ yiand, § 1421.2831 Service charges. (b ) Entries. Each warehouse receipt orgia, Kentucky, Louls3a^ ’ Carolina, ssissippi, New Jersey, North C a r o ^ or the warehouseman’s supplemental A service charge of one-half cent per certificate (in duplicate) properly identi­ bushel will be made for the quantity of msylvania, South Caroli. an(jnot vriro-inin. and West Virgin > „iVior fied with the warehouse receipt, must the rye delivered to CCC. Such charge show ( 1) gross weight and net bushels, shall be handled in accordance with (2) grade (including special grades), (3) § 1421.60(b) of the general regulations. States. Wednesday, M a y 12, 1965 FEDERAL REGISTER 6513

§ ,1421.2834 Support rates. tion cost, if any may be incurred, as such rye to such terminal market: Pro­ determined by the appropriate ASCS vided, That on any rye shipped at other Basic support rates for rye as estab­ commodity office, for moving the rye to a than the domestic interstate freight rate, lished in this section are to be used in tidewater facility located within the same the basic support rate shall be further making loans or purchases and in settle­ switching limits: reduced by the amount by which the ment of loans and purchases. Farm - freight rate paid is less than the amount stored loans will be made at the appli­ Long Beach, Los Angeles, Oakland, San Fran­ of the domestic interstate freight rate cable basic support rate adjusted only cisco, Stockton, and Wilmington, Calif. from the point of origin of such rye to for weed control discount where appli­ Baltimore, Md. Duluth, Minn. the point of destination or appropriate cable. Warehouse-stored loans, farm- Astoria and Portland, Oreg. terminal market: And provided further, stored loan settlements and purchases Albany and New York, N.Y. That in the case of rye stored at any rail­ shall be at the applicable basic support Philadelphia, Pa. road transit point, taking a penalty by rate adjusted by the discounts shown in Beaumont, Galveston, Houston, and Port reason of out-of-line movement to the paragraphs (a ), (b ), and (d) of this sec­ Arthur, Tex. tion and such other discounts as may be Norfolk, Va. appropriate designated market, or for any other reason, there shall be added established by CCC applicable to the, Kalama, Longview, Seattle, Tacoma, and grade and quality of the rye on which Vancouver, Wash. to such transit balance an amount equal Superior, Wis. the loan or settlement is made. Basic to the cost of any out-of-line movement support rates for rye per bushel are for (5) Notwithstanding the foregoing to the appropriate designated market, or rye grading No. 2 or better or grading No. provisions of this subparagraph, in de­ other costs incurred in storing rye in such position. 3 on the basis of test weight only. termining the support rate for rye re­ (c) Basic cpunty support rates. (1) (a) Support rates at designated ter­ ceived by truck and stored at any of the minal markets. (1) The basic support terminal markets listed in subparagraph The applicable basic support rate for rates established for designated terminal (4) of this paragraph, there shall also be farm-storage loans and for rye stored in markets apply to rye shipped on a do­ deducted from the applicable basic sup­ approved county warehouse-storage, ex­ cept as otherwise provided in paragraph mestic interstate freight rate basis. The port rate the amount of 3.25 cents per (b) of this section and subparagraph ( ) basic support rate at the designated ter­ bushel from the terminal rate, plus the 2 minal market for any rye shipped at transportation cost, if any, as determined qf this paragraph shall be the basic other than the domestic interstate by the appropriate ASCS commodity of­ county support rate established for the county in which the rye is stored. freight rate shall be reduced by the fice, for moving the rye to a tidewater (2) If two or more approved ware­ amount by which the freight rate paid loading facility located within the same houses are located in the same or adjoin­ is less than the domestic interstate switching limits. ing towns, villages, or cities, having the freight rate. ( 6) Designated Terminal Markets and same domestic interstate freight rate, (2) The basic support rates estab­ Basic Terminal Support Rates are: lished for designated terminal markets such towns, villages, or cities shall be also apply to rye which has been shipped Rate per deemed to constitute one shipping point Terminal market: bushel by rail or water from a country shipping and the same basic county support rate Omaha, Nebr______1______L__$1.20 shall apply even though such warehouses point to one of the designated terminal Sioux City, Iowa______*___ 1. 20 are not all located in the same county. markets, as evidenced by paid freight Duluth, Minn-______1.24 bills duly registered for transit privileges. Minneapolis, M inn______1.24 Such support rate shall be the highest If the amount of paid-in freight is in­ Saint Paul, Minn-______1. 24 support rate of the counties involved. sufficient to guarantee the minimum pro- Superior, W is______,______1.24 County basic price support rates are as .portional domestic interstate freight Atchison, Kans____!______1. 23 follows: . A labama rate, if any, from the terminal market Kansas City, Mo______1.23 Rate per St. Joséph, Mb____ i______1.23 County bushel to a recognized market determined by Chicago, 111______— ______'i. 33 All counties___ _ $1.18 the appropriate ASCS commodity office, Milwaukee, Wis______1.33 there shall be deducted from the appli­ Memphis, Term______- 1.34 A rizo na cable terminal support rate the amount St. Louis, Mo______— 1.34 All counties. _ __ $1.08 by which the amount of freight actually Galveston, Tex______- ______1.33 A rkansas Paid in is less than the amount required Houston, Tex______1. 33 All counties___ __ $1.06 to be paid in to guarantee outbound Port Arthur, Tex_____T______1.33 Beaumont, Tex______1. 33 Califo r n ia movement at the minimum proportional Long Beach, Calif______^___.___ 1.36 Rate per Rate per domestic interstate freight rate. I f the Los Angeles, Calif______1.36 County bushel County bushel |7e is stored at any designated terminal Oakland, Calif______1.36 Colusa ______$1. 22 P lu m as______$1.13 market and neither registered freight San Francisco, Calif______1.36 Contra Costa. 1.24 R iverside__ „ 1.19 ms nor registered freight certificates Stockton, C alif-______- __ 1.36 G le n n ______1.21 San Joaquin __ 1.25 cv.eii^ues®n^e<^’ tatoic support rate Wilmington, Calif------1.36 Kern ______1.20 S h a s t a ____ „ 1.11 .“e.reduced by the actual amount Astoria, Oreg------1.34 Lassen 1.06 S ie r r a ______1.05 Kalama, Wash______l______.______1.34 freight required to guarantee M a r in ______1.24 Siskiyou __ 1.11 Longview, Wash______1. 34 1.24 Sonoma t J).roPorff°nal outbound rate from the M e rc ed ______1.22 Portland, Oreg-.______— i— - 1.34 1.24 minal market to a recognized market M odoc______1.11 Stanislaus _ Seattle, Wash:_____—;______— — - 1. 34 Mono ______1.00 Y uba _____ 1.22 by the appropriate A SC S Tacoma, Wash______.'___.______1.34 commodity office. Vancouver, Wash______1.34 Colorado determining the support rate Albany, N.Y ______— 1.47 Adams ______$0.93 Las Animas— $0.92 received by truck and stored at Baltimore, M d______1.47 A rapah oe____ . 93 L i n c o ln ___ .93 New York, N.Y______1.47 B a c a ______. 94 L o g a n ____ - .93 shJ-ndKSlg?ated terminal market, there Norfolk, Va_— ______1.47 baste deducted from the applicable B e n t ______. 93 M o r g a n ___ .93 Philadelphia, Pa______1.47 Boulder ____ . 93 O t e r o __’___ . 93 Dairi.inUf ra,te the actual amount of C h ey en n e___ . 95 P h illip s ___ .95 prot>nrtifrei?b^ required to guarantee the (b ) Support rates for rye in approved C ro w le y _____ . 93 P ro w e rs ___ .95 m i n S ^ f v ^utb°und rate from ttje ter- warehouse storage at other than desig­ D e n v e r______. 93 P u e b lo ____ .93 determte^keu to a recognized market nated terminal markets. In determining Douglas _ — . 93 S edgw ick__ __ .95 comSSSfv b« the aPProPriate A SC S the support rate for rye which is shipped E lb e rt______. 93 Washington .93 bushel ty offlce’ plus 3*5 cents per by rail or water and which is stored in El Paso______.93 W e ld ______.93 approved warehouses (other than those Jefferson____ .93 Y u m a _____ .94 situated in the designated terminal mar­ K io w a ____ - __ .94 All other Provisiomtniti ^ nding the foregoing Kit Carson___ .95 counties _ .93 toining £,ihls Paragraph, in deter- kets) there shall be deducted from the L a rim e r_____ .93 „ byuy rail or ^PPort rate^ for rye snshipped ip p e d basic support rate for the appropriate the 4 0° L L atf and st°red at any of designated terminal market, as deter­ Co n n ecticu t shall also markets, there mined by CCC, an amount equal to the All counties___ — $1.17 cable basic deducted from the appli- transit balance, if any, of the through- Delaware upport rate the transporta­ freight rate from the point of origin for All counties/— . $1. 17 6514 RULES AND REGULATIONS

F lorida Rate per I n d iana— Continued I owa— Continued County bushel Rate per Rate per All counties______$1.23 Rate per Rate per County bushel County bushel County bushel County bushel G eorgia Clay ------$1.11 M ia m i______$1.11 W a p e llo _____ $1.07 Winnebago $1.02 All counties $1.23 Clinton _____ 1.10 Monroe ____ 1.12 W a rre n ______1.04 Winneshiek _ 1.05 C raw fo rd ____ 1.15 Montgomery _ 1.10 Washington - 1.07 Woodbury__ 1,01 Daviess______1.06 M organ______1.06 Wayne ____.__ 1.06 W orth ______1,02 Rate per Rate per D earb o rn ____ 1.06 Newton 1.16 Webster 1.01 W rig h t...... {] oi County bushel County bushel Decatur 1____ 1.06 Noble ______1.09 Ada ______$1.07 Gem ______$1.07 De Kalb ____ 1.09 O h i o ______1.03 K a Adams 1.05 G ooding_____ 1.04 D e law a re___ 1.08 Orange — ____ 1.13 A lle n ____ $1. 05 Linn ______$1.05 Bannock .99 Idaho ...... D u b o is ______1.16 1.09 Owen ______1.06 Anderson'-___ 1.05 Logan ______.98 Bear Lake__ __ .96 Jefferson____ Elkhart _____ 1.11 .95 Parke ______1.09 A tc h is o n ____ 1.05 L y o n ______1.05 Benewah __ __ 1.12 Fayette______Jerom e______1. 04 1.08 Perry ______1. 15 Barber ______1.02 McPherson . 1.03 B in g h a m __ __■ .97 Floyd ______Kootenai ____ 1.11 1. 03 P i k e ______1. 12 B a r t o n ______1.02 M arion____ 1.04 B lain e_____ 1.01 L a t a h ______1. 12 Fountain Z.___ 1.09 P o rte r______1. 15 Bourbon ___ _ 1.05 M arsh all__ 1.05 Boise _____ 1.07 Lem h i______.96 F r a n k lin ____ 1.09 Posey ______1.11 B ro w n ______1.05 Meade ____ .98 B o n n er____ 1. 06 Lewis ______1.10 Fulton _____ h 12 Pulaski _____ 1. 13 B u tle r______1.04 Miami ____ 1.05 __ Bonneville _ .96 Lincoln 1.03 Gibson __ ___ 1.11 Putnam _____ 1.08 C h a s e ____ _ 1.05 Mitchell___ 1.03 __ Boundary _ 1.05 Madison ____ .95 Grant ______1.10 Randolph____ 1.09 Chautauqua _ 1.05 Montgomery 1.05 Butte ____ .97 M inidoka____ 1.02 G re e n e ______1.06 Ripley ______1.05 Cherokee___ 1.05 Morris ____ 1.05 Camas _ _ 1.01 Nez Perce____ 1.12 Hamilton ____ 1.08 Rush ___- __ 1.08 Cheyenne____ .97 Morton ___ .95 Canyon ____ 1.07 O n e id a ______.99 Hancock ____ 1.08 St. Joseph___ 1.11 C l a r k ______.98 Nem aha___ 1.05 C a rib o u ___ .97 Owyhee _____ 1.07 H a rris o n ____ 1.03 S c o t t __- ____ 1.03 Clay ------1.05 Neosho____ 1.05 Cassia ' 1.01 Payette______1.07 Hendricks ___ 1.08 S h e lb y ___ _ 1.06 Cloud ____ 1.04 Ness ______1.01 C l a r k _____ .94 P o w e r ______1.00 H e n ry ______1.09 Spencer _____ 1.15 C offey______1.05 Norton „ __ 1.01 Clearwater 1.10 Shoshone__— 1.01 H ow ard______1.11 Starke ______1.12 Com anche___ 1.00 Osage _____ 1.05 Custer ____ .97 T e t o n ______.93 Huntington t. 1,09 S te u b e n _____ 1.08 C o w le y ______1.04 Osborne ... 1.03 E lm o re ____ 1.06 Twin Falls— 1.02 Jackson _____ 1.05 S u lliv a n _____ 1.11 C raw fo rd ____ 1.05 Ottawa ____ 1.04 F r a n k lin __ __ .99 Valley ______1.06 Jasper______1.15 Switzerland _ 1.01 Decatur _ ___ 1.00 Pawnee ___ 1.02 F r e m o n t __ .94 Washington _ 1.05 Jay __ ------1.09 Tippecanoe — 1.11 D ick in so n ___ 1.04 Phillips ___ 1.G2 T J efferso n ____ 1.03 Tipton ______1.10 D o n ip h a n ___ 1.05 Pottawato­ J e n n in g s____ 1.04 Union ______1.08 D o u g la s _____ 1.05 mie ___ I.. 1.05 Adams ___ $1.10 Lee ______$1.19 Johnson_____ 1.06 Vanderburgh 1.17 Edwards _____ 1.02 P ratt____ _ 1.02 Alexander __ 1.13 Livingston___ 1.13 K n o x ______1. 09 V e rm illio n __ 1.16 Elk ______1.-05 R aw lins___ .98 Bond _____ 1. 16 Logan _____ 1. 13 K o sciu sk o___ i. 10 Vigo ------1.16 Ellis ______1.02 R eno_____ — 1.03 Boone ____ 1.20 McDonough _ 1. 10 L a g ra n g e ____ 1.09 Wabash _____ 1.11 E lls w o r t h ___ 1.03 R epublic__ 1.04 Brown ____ 1.11 McHenry ’<____ 1.20 L a k e ______1.18 Warren ____ 1.14 F in n e y ______.98 Rice ______1.03 B u re a u ___ 1.19 M c L e a n _____ 1.13 La Porte_____ 1.13 Warrick ____ 1.17 F o r d ______1.00 Riley _____ 1.05 Calhoun _ 1.14 M a c o n ______1.14 Law rence____ 1.09 Washington _ 1.03 F r a n k lin ___ 1.05 R ooks------1.02 C a r r o ll____ 1. 17 M a c o u p in ___ 1. 16 M adison ____ 1.09 Wayne ______1.08 G e a r y ______1.05 R u s h ___... 1.0 2 Cass ______1. 13 M adison_____ 1. 17 Marion __ — 1.08 Wells ______1.08 Gove ______.99 Russell------1.0 2 Champaign _ 1.14 Marion _ __ 1.15 Marshall — __ 1.11 W h it e ______1.14 G r a h a m _____ 1.01 Saline — 1.04 Christian _ _ 1.13 Marshall ____ 1.14 M a r t in ______1.08 Whitley c ____ 1. 10 Grant ______.97 $cott______.98 Clark _____ 1. 13 M ason______1. 13 _ G r a y ------.99 Sedgwick . .. 1.04 Clay ___ __ 1.13 M a ssa c _____ ^ 1.13 Greeley____ _ .97 Seward ----- .97 Clinton 1.18 M enard______1.13 Adair ------$1.02 H u m b o ld t___ $1.00 Greenwood — 1.05 Shawnee . .. 1. 05 Coles ____ 1.13 M e rc e r______1.10 A d a m s ______1.02 Ida ______1.00 H am ilton____ .97 Sheridan — .99 Cook _____ 1.21 Monroe ______1.16 A llam akee___ 1.05 I o w a ______1.06 H a r p e r ______1.03 Sherman ... .97 C ra w fo rd __ __ 1.10 Montgomery _ 1.15 Appanoose - - 1.08 J ack son _____ 1. 09 Harvey ______1. 04 Smith ------1.03 Cumberland 1.13 Morgan _____ 1.13 Audubon ____ 1.02 Jasper ______1.04 H askell______. .98 Stafford----- 1.02 De Kalb __ 1.20 Moultrie ____ 1.14 B e n to n ______1.07 Jefferson____ 1.07 Hodgem an___ 1.01 Stanton — - De W itt — 1.13 Ogle ------1.19 Black Hawk _ 1.06 Johnson _____ 1.08 Jackson ____ 1.05 Stevens D o u g la s ___ 1.14 P eo ria___.__ 1.13 Boone __ __ 1.02 Jones ______1.09 Jefferson____ 1.05 S um ner----- 1.04 Du P a g e __ _ 1. 20 Perry ______1.13 Bremer ____ 1.05 K eokuk______1.06 J e w ell______1.03 Thom as-----• .98 E d g a r _____ 1.13 Piatt ______1.13 Buchanan ___ 1.06 Kossuth ____ 1.01 Johnson _____ 1.05 Trego ------1.Ò1 r.05 E d w a r d s __ 1.14 Pike ______1. 13 Buena Vista__ . .99 L e e ______1.09 K ea rn y _____ .97 Wabaunsee - .97 Effingham __ 1.13 P o p e ______1.09 B u tle r------1.04 Linn- ______1.08 K in g m a n ____ 1.03 Wallace ------1.05 Payette 1.13 Pulaski 1.13 Calhoun ___ 1. 00 1. 08 K io w a ______1.02 Washington .97 Ford _____ 1. 13 P u tn a m _____ 1.16, Carroll - 1.01 L u c a s ___ __ 1.05 1.05 Wichita Labette _____ 1.05 F r a n k lin __ ___ 1.13 Randolph ___ 1.13 Cass ______1.Ò1 L y o n ______.98 .99 W ilso n ------Lane ______1.05 F u lt o n ____ 1.13 R ic h la n d ____ 1.12 C e d a r ______1.09 M adison_____ 1.03 Leavenworth _ 1.05 Woodson — 1.05 Gallatin - __ 1.09 Rock Islan d __ 1.14 Cerro Gordo— 1.01 Mahaska ____ 1.06 Lincoln______1.03 Wyandotte - Greene ____ 1.16 St. Clair - ____ 1.17 C h erokee____ .98 M a rio n ______1.06 K entu cky Grundy 1.17 S a lin e ______1.09 Chickasaw ___ 1.05 M a r s h a ll___- 1.05 . $1.17 Hamilton __ _ 1.13 Sangam on___ 1. 13 Clarke ______1.04 Mills ...... 1.02 All counties». Hancock___ 1.10 Schuyler ____ 1.13 Clay ------1.00 M itch ell_____ 1.02 L ouisiana $1.08 Hardin ____ 1.06 Scott ____ 1.13 Clayton ------1.07 Monona _____ 1.02 ^Vll counties» > Henderson _ 1.10 S h e lb y ______1.13 Clinton _____ 1.10 Monroe ______1. 07 M aine H e n ry _____ 1.13 Stark ______1.15 C ra w fo rd ____ 1.02 Montgomery _ 1.02 $1.17 Iroq u ois___ 1.16 Stephenson — 1. 19 D a lla s ______1.D3 M uscatine___ 1.09 All counties». Jackson ___ 1.13 T azew ell_____ 1.13 Davis ______1.08 O ’Brien _____ .99 M aryland Jasper ____ 1.12 Union ______1.13 Decatur _____ 1.04 Osceola__- ___ .99 $1.17 Jefferson__ 1.18 V e rm ilio n ___ 1. 16 D e la w a re ____ 1.07 Page ______1.02 M assachusetts Jersey _____ 1.16 W a b a s h _____ 1.15 Des Moines___ 1.10 Palo Alto_____ 1.00 . $1-17 Jo Daviess ___ 1.13 Warren _____ 1.11 Dickinson ___ 1.00 Plym outh____ 1.00 All counties-. Johnson ___ 1.08 Washington _ 1.14 Dubuque ____ 1.08 Pocahontas __ .99 M ichigan K a n e ______1; 20 Wayne ____ 1.16 E m m et_____ 1.02 Polk ______1.04 Kankakee _ 1.17 W h it e ______1.10 Fayette______1.06 P o t t a w a t- Alcona j — — $0. 98 Clinton ----- • 1;2 K e n d a ll___ 1.20 W h ite sid e ___ 1. 19 Floyd ______1.01 tamie 1.02 Alger — ------1. OO Crawford---- ‘ Q1 Knox 1.11 W ill ______1. 18 F r a n k lin ____ 1.04 Pow eshiek___ 1.05 Allegan __— 1.07 D elta------1 Q3 Dickinson — £ Q1 L a k e ______1.19 W illia m so n __ 1. 13 Fremont ____ 1.02 R in g g o ld ____ 1.03 A lp e n a ____- — • 00 La S a lle ___ 1.18 Winnebago — 1.20 G re e n e ______1.01 Sac ___— ___ 1. 00 Arenac ______- 1.00 E a to n ------*■” j Q8 Genesee ---- ‘ 04 Law rence__ _ 1.12 W o o d fo rd ___ 1.13 Grundy _____ 1.05 S co tt______1. 09 Barry ______1.07 G ladw in...... ; ' 00 G u t h r ie _____ 1.01 S h e lb y _____ - 1.02 B a y ______1.04 T ‘ G o geb ic...... H am ilton____ 1.03 Sioux ______.99 Benzie ____ — 1.05 Hancock _____ Grand 99 A d a m s ____ $1.08 Boone ______$1.08 1.01 Story______1.03 B errien_____— 1-H Traverse— lQ6 A lle n ______1.08 Brown ______1.05 H a r d in ______1.04 Tama ______1.06 Branch--— - 1.08 Gratiot --- " < H arrison_____ 1.02 C alhoun------111 08 Bartholomew- 1.06 C a r r o ll______1.11 T aylor______1.03 Hillsdale...... ^ Benton 1.14 Cass ______Henry ______1. 08 U n io n ______1.04 C ass------1-11 1.11 Huron ...... Blackford __ 1.10 S Clark ______1.03 Howard _____ 1.04 Van Buren___ 1.08 C la re____ — 1.05 Wednesday, M a y 12, 1965 FEDERAL REGISTER 6515

Michigan— Continued M issouri— Continued N ebraska— Continued Bate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel $1. 08 Montmorency. $0.97 Cole ______— $1.11 Morgan ___ __ $1.09 Colfax ____ — _ $1.03 Logan _ _ ___ $0.99 Ionia 1.06 M u sk ego n ___ 1.04 Cooper __ 1.10 New Madrid _ 1.15 C u m in g __ ___ 1.03 Loup ______1.01 Iosco .99 N e w a y g o ____ 1. 03 Crawford — __ 1.13 Newton __ 1.07 C u s t e r ______1.00 McPherson .98 Iron 1. 00 Oakland____ 1.09 Dade _____ — 1.09 N o d a w a y __ __ 1.03 Dakota _ _ 1.02 M ad iso n ___ __ 1.02 1.04 Oceana _ ____ 1.03 Dallas __ 1.12 O reg o n ______1.07 D a w e s ____ .91 M e rr ic k ___ __ 1.02 1.11 O gem aw ------1.02 Daviess ____ 1.07 Osage ______1.12 Daw son______1.01 M o r r ill____ .92 Kalam azoo— 1.10 Antonagon___ .99 De Kalb __ 1.05 Ozark ______1.02 D eu el_____ .95 Nance ___ _ 1.02 K a lz a s k a ----- .97 Osceola______1. 04 Dent — 1. 17 Pemiscot- __ __ 1.14 D i x o n ______1.02 Nemaha .__ 1.05 K e n t ...... 1.06 Oscoda __ ___ 1.02 Douglas __ 1.03 Perry ______1.18 Dodge ______1.03 Nuckolls __ __ 1.04 Lake .___.---- 1.04 O tta w a _____ 1. 07 Dunklin __ 1.14 P e t t is ______1.08 Douglas — 1.04 Otoe _ ___ _ 1.05 Lapeer . — — . 1.08 Roscommon__ 1.02 F r a n k lin __ __ 1.16 P h e lp s ____ 1. 18 Dundy ___ .95 P aw n ee______1.05 Leelanau .97 Saginaw ____ 1.06 Gasconade ___ 1.14 Pike ______1.13 Fillmore _ 1.05 Perkins____ . 96 Lenawee — 1.12 St. Clair ____ 1. 10 G e n t r y ____ 1.04 Platte ______1.05 Franklin _ ___ 1.02 Phelps ___ __ 1.02 Livingston — 1.08 St. J o se p h ___ ^1.10 G re e n e ____ 1.11 Polk ______1. 10 Frontier __ .99 Pierce _____ — 1.02 M acom b___ 1.11 S an ilac______1.08 Grundy — 1.03 Pulaski ___ __ 1.16 Furnas ___ 1. 01 Platte _ __ __ 1.02 M a n is te e ____ 1.04 Shiaw assee__ 1.08 H a r r is o n __ __ 1.04 Putnam _ _ 1.03 Gage ____ _ 1.05 Polk- ______1.02 Marquette 1.00 Tuscola _____ 1.08 H e n r y _____ ._ 1.09 R a lls ______1.12 G a rd e n ___ .94 Red Willow .99 1. 04 Van Buren___ 1.09 Hickory 1.10 Randolph ___ 1.11 Garfield _____ 1.02 Richardson __ 1.05 1. 04 W ash tenaw __ 1.10 H o l t ______1.03 Ray ------1.06 G o s p e r ___ 1.01 Rock _____ .99 Menominee 1.04 Wayne ------1.10 H o w a r d ___ 1. 11 R eyn old s__ — 1.11 Grant __ .94 Saline ___ __ 1.05 1.05 Wexford ___ 1.02 Howell ___ __ 1.07 R i p le y ____ 1.15 G r e e le y __ ___ 1.02 Sarpy ______1.05 Missaukee 1.01 Allother Iron ____ 1. 18 St. Charles __ 1. 18 Hall ___ _- _ 1.02 Saunders — 1.05 M onroe_____ 1.12 counties___ .96 J a ck so n ___ — 1.05 St. Clair ___ __ 1.05 Hamilton ____ 1.02 Scotts Bluff .91 Montcalm _. 1.04 Jasper ______1.07 St. Francois _ 1. 18 Harlan 1.02 Seward 1___ 1.05 Minnesota Jefferson __ __ 1.18 St. Genevieve- 1.18 H a y e s ____ .96 S h e rid a n _ . 93 Johnson___ __ 1.06 St. L o u is __ __ 1.18 Hitchcock .97 S h e rm a n _ __ 1.02 A itk in ______$1.13 M a r t in ____ $1. 10 Knox ______1.10 S a lin e ______1.09 H o lt____ J 1.02 Sioux ______.91 Anoka ______1.11 Meeker _____ 1.11 Laclede __ 1.14 Schuyler __ __ 1.09 H o o k e r___ .96 S ta n to n ___... 1.02 Becker ______1.06 Mille Lacs____ 1.11 Lafayette __ — 1.07 S c o tla n d __ __ 1.10 H ow ard______1.02 Thayer ___ __ 1.05 Beltrami______1.08 M o rris o n ____ 1.11 Law rence__ __ 1.08 Scott ______1. 16 Jefferson ____ 1.05 . Th o m a s ___ .98 B en to n ______1.11 M ow er______1.11 Lewis _ __ 1.12 Shannon __ __ 1.07 John son__ — 1.05 T h u rsto n __ __ 1.02 Big Stone____ 1.08 Murray 1.07 Lincoln __ __ 1.16 Shelby __ 1.11 Kearney __ 1.02 Valley ______1.02 Blue E arth ___ 1.11 Nicollet _____ 1.11 Linn _____ 1.09 Stoddard __ __ 1.16 K e i t h ____ .96 < Washington __ 1.03 Brown ______1.11 Nobles___r _ 1.04 Livingston __ 1.05 Stone ______1.07 Keya Paha ____ .99 Wayne _ _ _ -1.02 Carlton ______1.13 N o r m a n ____ _ 1.04 McDonald ___ 1.05 S u lliv a n ___ __ 1.04 K im b a ll__ .93 W e b s t e r ___ __ 1.03 Carver ______1.11 Olmsted ___ 1.11 Macon ______1.10 Taney _____ 1.07 K n o x ______1.02 W h e e le r___ __ 1.02 ( Cass______1.10 Otter Tail____ 1.08 M adison___ __ 1.18 Texas ______1.07 Lancaster ____ 1.05 York ______1.03 C h ip p e w a ___ 1.10 Pennington __ 1.04 Maries 1.13 V e rn o n ___ __ 1.07 Lincoln .98 Chisago ______1.11 P in e ______1.12 M a rio n ______1.12 W a rre n __ _ 1. 17 Clay ___...... N evada 1.05 Pipestone____ 1.05 Mercer __ 1.05 Washington __ 1.18 C learw ater___ AH counties. . . . $0.98 1.07 Polk ______1.04 M ille r ______1.09 Wayne ____ „ 1. 16 Cottonwood _ 1.09 P o p e ______1.10 Mississippi __ 1.14 W e b s t e r ___ __ 1.12 N ew Ham psh ire Crow W in g ___ 1.11 Ramsey 1.11 M oniteau__ __ 1.10 W o rth ______1.03 All counties. ... $1.17 Dakota ______1.11 Red Lake_____ 1.05 Dodge ______Monroe _ _ _ 1.11 W r ig h t ____ 1. 07 1.11 R e d w o o d ____ 1.10 Montgomery _ %. 14 New Jersey D o u g la s ______1.10 Renville _ 1.11 All counties. ... $1.17 Faribault _____ 1.10 Rice ______M o n tan a 1.11 * N ew M exico F illm o re______1.08 Rock ______1.03 Beaverhead __ $0. 94 Madison ____ $1. 00 All counties. F r e e b o rn ____ 1.11 ... $0/93 R o seau ____ 1.01 Big Horn_____ .82 M eagh er_____ .95 Goodhue ____ 1.11 N ew Y ork St. Louis_____ 1. 07 Blaine ...... 83 Mineral 1.01 G r a n t______1.09 Scott 1.11 B roadw ater__ .98 M issoula_____ 1.01 All counties. . . $1. 18 H en nepin ____ 1.11 S herburne___ 1. 11 C a rb o n ______.92 M usselshell__ .90 H ouston ______1.07 Sibley N orth Caro lina 1.11 C a rte r______.87 Park ______.98 Hubbard______1.08 Stearns _ _ _ All counties . . $1.21 1.11 C a sc a d e _____ .92 P etroleu m ___ . 86 Is a n t i____ 1.11 Steele ... 1.11 Chouteau____ .89 Phillips _____ .79 N orth Dakota Ita s c a _____ 1.13 Stevens . _ 1.09 Custer ______.83 P o n d e ra ____ . 90 Jackson 1.09 Swift .. A d a m s ______$0.92 M c K e n z ie ___ $0. 84 1.11 D a n iels___•___ .78 Powder River_ .81 Kanabec 1.11 Todd ______Barnes _____ 1.00 McLean _ _ _ .91 1.10 Dawson ______.84 Powell ______1.00 Kandiyohi 1.11 Traverse _ 1.07 Benson .93 Mercer ______.91 Kittson _____ ‘ Deer Lodge___ 1.00 P r a i r ie ...... 84 i.oo Wabasha Billings .90 Morton ____ _ .93 1.11 Fallon __ _ .86 R a v a lli______.99 Koochiching 1.06 Wadena ...... B o ttin e a u ___ .88 M o u n tra il___ .87 1.09 Fergus __ __ .89 R ic h la n d ____ .83 Lac Qui P a rle . 1.08 Waseca „ ... Bowman ____ .91 Nelson _ _ .98 1. 11 F la t h e a d ____ .99 Roosevelt ___: .81 Lake of the " W ashington__ B u r k e ______v87 Oliver .92 1. 11 G a lla tin _____ 1.00 Rosebud ____ .86 W o o d s____ 1.04 W atonw an___ Burleigh ____ .93 P e m b in a ____ .99 Le Sueur___ 1.11 G a rfie ld _____ . 81 1.11 Wilkin Sanders _____ 1.01 Cass ______1.02 Pierce ______.91 Lincoln _I~~ 1.07 G la c ie r______. 91 S h e rid a n ____ 1.06 Winona . 80 C av alier_____ .94 Ramsey _____ .95 L y o n ____ I“““ 1.11 Golden Valley. .92 Silver Bow___ 1.00 1.08 ' W r ig h t ______1.11 Dickey _____ 1.02 R a n s o m _____ 1.02 McLeod Granite _____ .99 S t illw a te r___ .92 1.11 Yellow Medi- D ivide____ _ .86 Renville ____ .87 Hill _ _ _ . 86 Sweet Grass__ .95 Mahnomen 1.05 c in e ______D u n n _____ .90 R ic h la n d ____ 1. 05 Marshall 1.09 Jefferson ____ .98 T e t o n ____ _ .91 1.03 E d d y ______.96 R o lette______.91 Judith Basin. .89 Toole ______.89 E m m o n s ___k .94 Sargent ____ 1.04 a h __ Mississippi Lake _ .99 Treasure _ _ .87 "Foster______.97 S h e rid a n ____ .93 ah counties.__ Lewis and V a lle y ___ __ $1.17 .77 Golden Sioux ______.93 Clark _____ .92 W heatland___ .92 M issouri V a lle y _____ .87 Slope ______- . 91 L ib e rty ______.87 Wibaux _____ , A d air______.87 Grand Forks__ 1. 01 Stark ______.91 $1.09 Callaway ___ Lincoln . 99- Yellowstone _ .92 Andrew___ >1.12 G r a n t ______.92 S te e le ______1.00 1.05 Camden McCone __ _ .82 Atchison 1.15 G riggs------.99 Stutsm an____ 1.02 Cape .98 Audrain N ebraska H ettinger____ .91 Towner .92 Barry 1.12 Girardeau 1.17 1.09 K id d e r ____ _ .95 Traill ______1.01 Barton""“““ C a rr o ll_____ 1.08 Adams ______$1.03 B u ffa lo ______$1.02 1.07 La M o u re ..._ .99 W a ls h ______1.00 B ates___! C arter____ _ 1.07 A n te lo p e ____ 1.02 Burt ______1.03 1.08 Logan ______.97 Ward .88 Benton " " ““ C a s s ______1.08 A r t h u r ____ .96 Butler 1. 04 1.07 McHenry ____ .90 Wells ______.95 Bollinger_1“ Cedar ______1. 08 B a n n e r______.91 Cass 1.05 1.17 M cIntosh____ .97 W illia m s ____ .86 B o o n e___ ““ Chariton ___ 1. 09 Blaine ______.99 Cedar ______1.12 1.02 Christian __. 1.08 Boone ______1.02- Chase _ .95 Oh io Buchanan 1.05 Butler Clark ______1.11 Box Butte____ .94 Cherry ...... 1.15 .96 A d a m s ______$1.10 A sh ta b u la ___ $1.15 Caldwell I I I " Clay ______1.05 B o y d ______1.01 Cheyenne____ 1.05 .93 A lle n ______1.11 Athens ____ _ 1.12 Clinton___-■ 1.05 Brown ______.98 C la y ------1.04 A sh la n d _____ 1.13 Auglaize No. 91-__ 1. 10 6516 RULES AND REGULATIONS

O hio— Continued Oregon— Continued T exas— Continued Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel Belmont $1.13 L u c a s ______$1.11 Deschutes _ — $1.18 M a lh e u r____ $1.07 Jack _____ $1.06 Palo Pinto. — $1.07 B ro w n _____ 1.10 M adison_____ 1.11 D o u g la s ___ 1.09 M a rio n _____.. 1.21 John son_— 1.11 Parker_____ Butler 1. 10 M a h o n in g___ 1.15 G illia m ____ _ 1.20 Morrow ____ 1.19 Jones_____ ... 1.03 Parmer — 1.02 Carroll 1. 13 M a rio n ______1.12 Grant _ __ 1.18 Multonomah _ 1.22 K a r n e s ___ . . . 1.15 Potter — 1.02 Champaign _ 1.10 M edin a______1.13 H a rn e y ____ 1.03 Polk ...... 1.21 K i n g _____ — 1.02 Randall _ — 1.02 C la rk ______1.10 M e ig s ______1.10 Hood River. 1.23 Sherman ... ._ 1.20 K n o x _____ 1.02 Reeves _____ Clerm ont__ 1.10 M e rc e r______1.10 Jackson _ _ 1.09 Tillamook 1.23 L a m b _____ — _ 1.02 Roberts — 1.01 Clinton 1.10 M iam i______1.10 Jefferson __ __ 1.20 Umatilla ___ r. 18 Lampasas ___ 1.12 Runnels — 1.05 Columbiana 1. 14 M onroe______1.13 Josephine _ __ 1.09 U n io n ______1.13 Limestone — _ 1.16 San Saba __— 1.08 Coshocton 1.13 Montgomery _ 1.10 K la m a t h __ __ 1.11 W a llo w a ____ 1.10 Lipscomb . ___ 1.01 Scurry — 1.02 C raw fo rd __ 1. 12 M organ______1.13 L a k e ______1. 10 Wasco ______- 1.23 Lubbock __ 1.02 Sherman __— 1.01 Cuyahoga __ 1.13 M orrow ______1.12 Lane ____ . . 1.15 Washington .- 1.22 Lynn — 1.02 Smith .. — 1.13 Darke 1.10 M uskingum __ 1.13 Lincoln______1.09 W h e e le r____.. 1.18 McCulloch ___ 1.07 Stonewall __— 1.02 Defiance __ 1.10 Noble ______1.13 L i n n ______. . 1.19 Y a m h ill____.. 1.22 McLennan . . . 1.15 Swisher____ — 1.02 D e la w a re __ -- 1.12 O tta w a ______1.12 M aso n ______1.08 Tarrant — 1.11 P ennsylvania E rie ______1.12 P a u ld in g ____ 1.10 Mitchell ___ 1.02 Taylor_____ 1.04 All counties. $1.17 F a ir fie ld __ __ 1.12 P erry ______1.12 Montague ___ 1.06 Terry______— 1.02 Fayette___ 1.10 P ickaw ay___è 1.11 R hode I sland M o o re ____ — 1.01 Wheeler . — 1.02 F r a n k lin __ 1.12 Pike ______1.10 All counties. $1.17 Motley ___ 1.02 Wichita — 1.04 Fulton T r i o Portage______1.13 N ew ton ______1.17 Wilbarger__.. 1.02 So u t h Caro lina G a llia _____ 1.10 Preble ______1.10 N o la n ______1.02 Wise ______. . 1.08 G e au ga____ 1.15 P u tn a m _____ 1. 11 All counties. .. $1.23 Ochiltree ____ 1.01 Y oakum __ — L02 Greene _ __ 1.10 R ic h la n d ____ 1.13 So u th D akota O ld h a m __ 1.02 Y o un g_____ . . 1.06 G uernsey__ 1.13 Ross ______1.11 U tah H am ilton__ __ 1.10 Sandusky ____ 1.12 Aurora ______$0.97 Ja ck so n _____ $0. 95 All counties___ $0.93 Hancock___ 1.12 S cio to ______1.10 B eadle______1.02 Jerauld ______.98 Hardin 1.12 S e n e c a ______1. 12 B e n n e tt_____ .94 Jones ______.98 V ermont Bon Homme__ .96 K in g sb u ry ___ 1.03 Harrison 1.13 S h e lb y ______1.10 $1.17 H e n ry _____ 1.10 Stark ______1. 13 Brookings ___ 1.03 Lake ______1.01 H ig h la n d __ 1.10 S u m m it_____ 1.13 B ro w n ______1.02 L aw ren ce____ .90 V irginia Hocking 1.12 T ru m b u ll____ 1. 15 Brule ______.99 Lincoln ___ .98 All counties___ $1.17 H olm es____ 1.13 T uscaraw as__ 1.13 B u ffa lo ______.99 Lyman ______.98 'l y ; , W ashington Huron 1.12 Union ______1.12 B u tte______.89 McCook _____ . .98 Ja ck so n ___ 1.10 Van W e r t ____ 1.10 C a m p b ell____ .96 McPherson___ .99 Adams ______$1.46 Lewis______$1. IS Jefferson__ _ 1.14 V in t o n ______1.12 Charles Mix__ -.94 M arsh all_____ 1.03 A sotin______1.12 Lincoln______1.15 Knox _____ 1.12 W a rre n ______1.10 Clark ______1.04 M e a d e ______.91 1 19 1.14 L a k e ______1.14 Washington _ 1.13 Clay ------.99 M e lle tte _____ .96 Chelan ______l! 17 Okanogan — 1.15 .99 Law rence__ __ 1.10 Wayne ______1.13 C odin gton ___ 1.05 .M in e r______1 07 1.14 Corson ______.95 M in n eh ah a Licking____ 1.12 W illia m s ____ 1.10 __ N 1.01 C lark ______1.22 Pend Oreille__ 1.01 L o g a n _____ 1.11 Wood ______1.12 C u ster______.89 Moody ______1.04 C olu m bia____ 1.16 P ierce------1.20 D a v is o n _____ .97 P en nington__ .93 L o rain _____ 1.13 W y a n d o t ____ 1.12 Cowlitz ______1.19 San Juan------1.16 D a y ------1.04 P erk in s______.92 Douglas _____ 1.16 Skagit------L 16 Ok l a h o m a Deuel ______1.02 P o tte r______1.00 F e rry ______.96 Skamania----- 1.22 A d a ir______$1.02 Le F lo re _____ $0.98 D e w e y ______.94 Roberts _____ 1.05 Franklin_____ 1.18 Snohomish -- 1.18 Alfalfa 1.01 Lincoln______.98 Douglas _____ .95 S a n b o rn _____ .98 G a rfie ld ____ _ 1.15 Spokane ------1.12 Atoka .98 Logan ______.98 E d m u n d s____ 1.00 Shannon ____ .93 G r a n t ______1.17 Stevens_____- 1.09 B e a v e r ____ .95 Lo ve______.98 Fall River____ .88 Spink ______1.02 Grays Harbor. 1.14 Thurston----- 1.15 B eck h am __ .98 M c C la in _____ .98 Faulk ______1.01 Stanley ______.99 Island ______1.18 Wahkiakum _ 1.19 B la in e _____ .98 M cCurtain___ .98 G r a n t ______1.07 S u lly ______1.00 Jefferson____ Ì. 08 Walla Walla— 1.18 B r y a n _____ .98 M cIntosh____ 1.01 Gregory _____ 1.00 T o d d ______.96 K i n g ______1.20 Whatcom ----- 1.16 Caddo _____ .98 M a jo r ______.97 Haakon _____ .96 Tripp ______.98 K itsap______1.12 W hitm an----- 1.13 C anadian__ _ . 98 M a rs h a ll____ .98 Hamlin _____ , 1.05 T u r n e r ______.97 K it t it a s _____ 1. 22 Yakim a------1.21 C a r t e r ____ .98 Mayes 1.05 Hand ______1.00 U n io n ______.99 K lic k ita t____ 1.22 Cherokee__ __ 1.03 M u rra y ______.98 H an son ______.97 W alw orth____ .97 H a rd in g _____ W est Virginia Choctaw ___ .98 Muskogee____ 1.01 .01 Washabaugh _ - .95 C im arron__ .94 Noble ______1.01 Hughes _____ .99 Yankton _____ .98 $1.17 Cleveland __ _ H utchinson__ .96 , Ziebach______.93 .98 N o w ata______1.05 W isconsin C o a l ______.98 Okfuskee ____ .98 H y d e ______1.00 Comanche _ .98 O k lah o m a___ .98 Adams ______$1.14 Kewaunee — $1.11 T ennessee 1.09 C o t to n ____ .98 Okmulgee.____ 1.02 A sh la n d _____ 1.10 La Crosse----- 1.15 C ra ig ______1.05 Osage ______1.03 All counties $1.18 1.07 Lafayette___ 1.09 C r e e k _____ 1.01 O tta w a ______1.05 B ay field _____ 1.04 Langlade----- 1.08 Custer____ _ .98 P aw n ee______1.01 B ro w n ______1. 13 Lincoln------1.15 D e la w a re __ 1.05 P a y n e ______.98 Archer______$1.03 Denton ______$1.08 1.04 Manitowoc — B u ffa lo ______1.09 D ew ey____ .97 Pittsburg ____ .98 A rm strong___ 1.02 Dickens _____ 1.02 1.12 Marathon — B u r n e t t _____ 1.10 E llis ______.96 Pontotoc _____ .98 B a ile y ______1.02 D o n le y ______1.02 4,15 Marinette — Calum et_____ 1.14 G a rfie ld ___ 1.00 Pottawatomie. .98 B ay lo r______1.02 Eastland ____ 1.07 Chippewa____ 1.07 Marquette — Menominee — 1.11 G a r v in ____ .98 Pushmataha__ .98 B o s q u e ______1.12 F a n n in ______1.07 Clark ______1.08 1.20 Grady _____ B o w ie ______1.07 F ish e r______1.02 1.16 Milwaukee — .98 Roger Mills ,_ .97 Colum bia____ 1.11 Grant _____ 1.01 Rogers ______1.05 B risco e______1.02 Floyd ______1.02 C ra w fo rd ____ 1.08 Monroe ------Oconto------1.12 G reer______.98 S em in o le____ .98 B ro w n ______1.08 F o a r d ______1.02 D a n e ______1.17 1.07 O neida------H a rm o n ___ .98 Sequoyah____ 1.01 C a lla h a n ____ 1.05 Gaines ______1.02 Dodge ______1.17 1.14 H a rp e r_____ .95 S tep h en s____ .98 C a rs o n ______1.02 Gillespie ____ 1.10 D o o r ______1.08 Outagamie — Ozaukee------1.18 Haskell ____ .99 Texas ______.94 C ass______1.08 G r a y ------1.02 Douglas,_____ 1.10 1.05 Pepin ------H ugh es____ .98 Tillman .98 C astro ______1.02 G ra y so n _____ 1.07 Dunn ______1.08 1.06 Pierce ------J a ck so n __ .98 T u lsa______1.04 C h ild ress____ 1.02 H a le ______1.02 Eau Claire___ 1.08 1.10 Jefferson__ _ .98 W agoner_____ 1.04 C la y ------1.05 H all______1.02 Florence_____ 1.03 Polk ------Portage ...... 1.10 John ston__ .98 Washington__ 1.05 C o ch ran _____ 1.02 H am ilton ____ 1.10 Fond Du Lac_ 1.16 1.07 Kay ------1.02 W a s h ita _____ .98 C o llin ______1. 10 H a n s fo rd ___ 1.01 Fo rest______1.08 1.20 Kingfisher _ .98 W ood s______1. 00 Collings- H ardem an ___ 1.02 Grant ______1.12 Racine ------B ichland----- 1.14 K io w a _____ .98 W o od w ard ___ .97 w o r t h _____ 1.02 Hartley _____ 1.01 G r e e n ______1.17 1.19 L a tim e r___ .98 C om an che___ 1.08 H ask ell______1.02 Green Lake___ 1.15 R o ck ------1.09 Concho ______1.06 H em p h ill____ 1.01 I o w a ______1.15 R u sk ------1.08 Oregon St. Croix------C o ry e ll______1.13 H idalgo______1.06 Iron ______1.05 1.15 B a k e r _____ $1.11 Colum bia___1 $1.17 C o ttle ______1.02 Hockley 1.02 J ack son _____ 1.09 Sauk ------1.06 B en to n ____ 1.19 Coos ______1.06 D a lla m ______1.01 H o o d ______1.08 Jefferson____ 1.18 Saw yer------1.11 Clackamas _ 1.20 C ro o k ______1.18 D aw son______1.02 H ow ard______1.02 Ju n eau ______1.13 Shawano ------Sheboygan — 1.17 Clatsop____ 1.15 Curry 1.08 Deaf Smith___ 1.02 H u n t ______1.08 K enosha_____ 1.20 Wednesday, M a y 12, 1965 FEDERAL REGISTER 6517

Wisconsin— Continued F.R. 3274) and all relevant material pre­ 1965 (CG-249), the Merchant Marine Rate per Rate per dion and of determination by it of the ad- Council held a public hearing on March County bushel County bushel sented or available having been consid­ 22, 1965, for the purpose of receiving Taylor__ -— $!• 07 Washington__$1.18 ered by it, the Federal Home Loan Bank comments, views and data on proposals Trempealeau _ 1.08 W a u k e sh a___ 1.19 Board, upon the basis of such considera- described in the notices and Agenda. Vernon------1.10 W a u p a c a ____ 1.12 visability of amendment of § 561.15 of The proposals considered were identified W a u s h a ra ___ 1.13 Vilas------1.07 the Rules and Regulations for Insurance as Items I to X I, inclusive, and Item n i Walworth----- 1.19 W in n e b a g o __ 1.15 Washburn — 1-05 Wood ______1.10 of Accounts (12 C FR 561.15) and for the contained proposals regarding fire ex­ purpose of effecting such amendment, tinguishers and ventilation of tank and W yo m in g hereby amends said § 561.15 as follows, engine spaces on motorboats. The Mer­ All counties. $0.93 effective June 12, 1965: chant Marine Council considered the (d) Discounts. The basic support Amend § 561.15 of the Rules and Reg­ proposals and comments submitted, and rate shall be adjusted by discounts as ulations for Insurance of Accounts to recommended adoption of such propos­ follows: Rye containing more than read as follows: als after revision in line with comments three-tenths of 1 percent but not more received. These revised proposals are § 561.15 Scheduled items. than 1 percent ergot (ergoty rye contain­ adopted and set forth in this document, ing in excess of 1 percent is not eligible The term “scheduled items” means : which is the third of a series covering for warehouse-storage lo a n s ): (a) Slow loans (other than insured or regulations and other actions considered Discount guaranteed loans), in this public hearing. { cents per (b ) 20 percent of slow loans which are Ergot content (percent) : bushel) The proposal designated 46 C FR 25.30- 0.31-0.40------— — 1 insured or guaranteed, 20(a) clarifies the requirements regard­ 0.41-0.50-______2 (c) Real estate owned as a result of ing when portable fire extinguishers are 0.51-0.60______— 3 foreclosure, .or acquired by deed in lieu required. The comments accepted re­ 0.61-0.70______4 of foreclosure, other than real estate vised the proposal by including sketches 0.71-0.80______5 owned pending transfer to an insuring or of outboard motorboats under 26 feet in 0.81-0.90______6 guaranteeing agency of the U.S. Gov­ length which show arrangements re­ 0.91-1.00______7 ernment, quiring fire extinguishers to be on board Rye grading No. 4 on the factor of test (d) Such real estate sold on contract as well as those conditions which will not weight only: oi by a loan (other than an insured or require fire extinguishers. * Discount guaranteed loan) during the period that { cents per The proposal designated 46 C FR 25.40- Test weight (pounds): bushel) the unpaid principal balancé or the un­ 1 regarding ventilation of tank and en­ 51.0- 51.9______!______5 expired portion of the term exceeds that gine spaces on motorboats and motor 50.0- 50.9_— ______10 permitted under otherwise applicable vessels is applicable to both existing and 49.0- 49.9______15 lending limitations, or, in the absence of new motorboats and motor vessels. It Rye grading No. 3 on account of being otherwise applicable lending limitations, was revised to state that, if alterations “thin”: the unpaid principal balance exceeds 90 had to be made on existing vessels, then Discount percent of the value of the security or such alterations should be accomplished ' {cents per the unexpired portion of the term ex­ as soon as practicable but in any case “Thin" rye (percent) : bushel) ceeds 30 years. 15.1- 17.0______1 shall be completed by June 1,1966. 17.1- 19.0.______; 2 (e) Any investment securities upon By virtue of the authority vested in me 19.1- 21.0...... 3 which one or more interest payments due as Commandant, U.S. Coast Guard, by 21.1- 23.0______. “ 4 has not been paid, section 632 of Title 14, U.S. Code, and 23.1- 25.0____ " I " " “ 5 (f) Deposits in a bank, or savings ac­ Treasury Department Order 120, July Rye grading No. 4 on account of being counts in a savings and loan association, 31* 1950 (15 F.R. 6521), the following, thin” : under the control or in possession of actions are ordered: The discounts shall be 5 cents per bushel appropriate supervisory authority, and 1. The rules and regulations for unin­ plus 1 cent for each 2 percent of “thin” rye (g) Real estate acquired in exchange spected vessels shall be amended in ac­ or fraction thereof, in excess of 25 percent. for any of the scheduled items describèd cordance with the changes in this docu­ above. t Discount ment. {cents per (Secs. 402, 403, 48 Stat. 1256, 1257, as amend­ 2. The amendments in this document w . bushel) ed; 12 U.S.C. 1725, 1726. Reorg. Plan No. 3 shall be effective on the 31st day after the d control discount (where required Of 1947, 12 F.R. 4981, 3 CFR, 1947 Supp.) date of publication of this document in by § 1421.27)______ic the Federal R egister except that the reg­ By the Federal Home Loan Bank discounts shall be cumulative except ulations in this document may be com­ Board...... ^ nat only one grade discount shall apply:) plied with during the period prior to [ seal] H arry W . Caulsen, thfw!,eiiue daie- Upon publication ir the effective dates specified in lieu of ine F e d er al R e g i s t e r . Secretary. existing requrements. [F.R. Doc. 65-4989; Filed, May 11, 1965; 3. If existing motorboats or motor ves­ 6 S p * at Washln^ton. D C., on Maj 8:46 a.m.] sels require alterations to comply with the requirements in 46 C F R 25.40-1 in H. D. G odfrey, this document, then such altérations Executive Vice President, shall be accomplished as soon as prac­ Commodity Credit Corporation. Title 46— SHIPPING ticable but in any case shall be com­ lpR. Doc. 65-4943; Piled, May 11, 1965; pleted by June 1, 1966. The “existing 8:45 a.m.] Chapter I— Coast Guard, Department motorboats or motor vessels” shall be of the Treasury deemed to include all those built between the date of April 25, 1940, and the ef­ SUBCHAPTER C— UNINSPECTED VESSELS fective date of this document (which is ¡¡tie 12— BANKS AND BANI [CG FR 65-15] diopter V— Federal Home Loan the 31st day after the date of publica­ tion in the F ederal R egister) . Board PART 25— REQUIREMENTS Subpart 25.30— Fire Extinguishing SUBCHAPTER D— -FEDERAL SAVINGS A N D Fire Extinguishers and Ventilation of Equipment . •NSURANCE corporation Tanks and Engine Spaces on Motor- [No. FSLIC-2,066] boats 1. Section 25.30-r20(a) is amended to read as follows: PART 561— DEFINITIONS Pursuant to the notices of proposed rule making published in the Federal §25.30—20 Fire extinguishing equip­ Scheduled Items ment required. R egister of January 27, 1965 (30 F.R. Par. ! MAY 5» li 832-842), and February 18, 1965 (30 F.R. (a ) Motorboats< (1) All ihotorboàts cedure h k vi^khMoti®® and public 2219) , and the Merchant M arine Council shall carry at least the minimum number having been duly affordet Public Hearing Agenda, dated March 22, of hand portable fire extinguishers set 6518 RULES AND REGULATIONS forth in Table 25.30-20 (a ) (1 ), except § 25.40—1 Tanks and engine spaces. by reducing the number of copies of an that motorboats less than 26 feet in (a ) A ll motorboats or motor vessels, application for a certificate of public length, propelled by outboard motors and except open boats, the construction or convenience and necessity now required not carrying passengers for hire, need not decking over of which is commenced by paragraphs (a) and (b) of that sec­ carry such portable fire extinguishers after April 25, 1940, and which use fuel tion and the form set out in Exhibit A if the construction of such motorboats having a flashpoint of 110° F. or less, thereto. It also specifies the number of will not permit the entrapment of ex­ shall have at least 2 ventilator ducts, copies of applications for abandonment plosives or flammable gases or vapors. fitted with cowls or their equivalent, for to be filed pursuant to § 157.30. T able 25.30-20(a)(l) the efficient removal of explosive or flam ­ W e have recently appraised our needs mable gases from the bilges of every in this regard and have determined that Minimum number engine and fuel tank compartment. four copies of applications by both Class of B-I hand port­ A and Class B producers will be adequate. able fire extin­ There shall be at least one exhaust duct guishers required 1 installed so as to extehd from the open The Commission finds: Class atmosphere to the lower portion of the (1) Since the amendments herein of adopted either reduce or clarify present mo­ Length, feet No fixed Fixed fire bilge and at least one intake duct in­ tor­ fire ex­ extin­ stalled so as to extend to a point at least procedural requirements, compliance boat tinguish­ guishing with the notice and effective date pro­ ing system midway to the bilge or at least below the system in ma­ level of the carburetor air intake. The visions of section 4 of the Administrative ^ in ma­ chinery cowls shall be located and trimmed for Procedure Act is unnecessary. chinery space (2) The amendments adopted herein space maximum effectiveness and in such a manner so as to prevent displaced fumes are necessary and appropriate for the purposes of administration of the Natu­ A UMer 16______1..___ 1 0 from being recirculated. 1 16 and over, but under 26.. 1 0 (b) As used in this section, the term ral Gas Act. 2 26 and over, but under 40.. 2 1 The Commission, acting pursuant to 3 40 and over, but not over 3 2 “open boats” means those motorboats or 66. motor vessels with all engine and fuel the authority granted by the Natural tank compartments, and other spaces to Gas Act, as amended, particularly sec­ tions 7 and 16 thereof (52 Stat. 825, 830; i One B-II hand portable Are extinguisher may be which explosive or flammable gases and substituted for two B-I hand portable fire extinguishers. vapors from these compartments may 15 U.S.C. 717f (c ) , 717o), orders: (A ) Effective upon the issuance of this (2) The intent of this regulation is il­flow, open to the atmosphere and so ar­ order, §§ 157.23 and 157.30, Part 157, lustrated in Figure 25.30-20(al) where ranged as to prevent the entrapment of Subchapter E of Chapter X Title 18 of fire extinguishers are required if any such gases and vapors within the vessel. the Code of Federal Regulations are one or more of the specified conditions (c) Where alterations are needed for amended as follows: exist, and in Figure 25.30-20(a2) where existing motorboats or motor vessels to specified conditions do not, in themselves, comply with the requirements in this § 157.23 [Amended] require that fire extinguishers be carried. section, such alterations shall be accom­ plished as soon as practicable but in any 1. In § 157.23 and Exhibit A thereto, case shall be completed by June 1,1966. delete the w o rd s “original and 7 copies” and “original and five copies” wherever (R.S. 4405, as amended, 4462, as . amended, they appear therein and in lieu thereof sec. 17, 54 Stat. 166, as amended; 46 U.S.C. 375, 416, 526p. Treasury Department Order insert in each case the words “original F igure 25.30—20(al) 120, July 31, 1950, 15 F.R. 6521) and 3 copies”. 2. Amend paragraph (a) of § 157.30 to Fire extinguishers are required if any one Dated: May 6, 1965. read as follows: or more of the following conditions exist (numbers identifying conditions are the [ seal] W . D. Shields, § 157.30 Abandonment of service. Vice Admiral, U.S. Coast Guard, ~ same as those placed in Figure 25.30-20 (a l) : (a ) No independent producer as herein 1. Closed compartment under thwarts and Acting Commandant. seats wherein portable fuel tanks may be defined shall abandon all or any portion [F.R. Doc. 65-4978; Filed, May 11, 1965; of its facilities subject to the jurisdic­ stored. 8:45 a.m.] 2. Double bottoms not sealed to the hull tion of the Commission, or any service or which are not completely filled with flota­ rendered by means of such facilities, tion material. without the permission and approval oi 3. Closed living spaces. the Commission first had and obtained 4. Closed stowage compartments in which Title 1 8 — CONSERVATION OF upon application (original and 3 ccpesi, combustible or flammable materials are after due hearing, and a finding by t stowed. 5. Permanently installed fuel tanks. POWER AND WATER RESOURCES Commission that the available supply natural gas is depleted to the extent t Chapter I— Federal Power the continuance of service is unwar­ Commission ranted, or that the present or future public convenience or necessity pern™ [Docket No. R-274; Order No. 297] such abandonment: Provided> ' That nothing herein shall be F igure 25.30-20(a2). PART 157— APPLICATIONS FOR CER- as interfering or as intended to inte The following conditions do not, in them­ TIFICATES OF PUBLIC CONVEN­ with or to prevent compliance by a selves, require that fire extinguishers be car­ IENCE AND NECESSITY AND FOR ural-gas company with valid conse - ried (numbers identifying conditions are the tion orders of a State agency relat 8 same as those placed in Figure 25.30-20(a2) : ORDERS PERMITTING AND AP­ 1. Bait wells. PROVING ABANDONMENT UNDER the production or gathering of n 2. Glove compartments, SECTION 7 OF THE NATURAL GAS 3. Buoyant flotation material. * * *»• ACT 4. Open slatted flooring. (B) The Secretary shah cause prompt 5. Ice chests. Applications of Independent Produc­ ublication of this order to be (R.S. 4405, as amended, 4462, as amended, vrt IjVmTvnr* at WIT/ÏTCTIî R . sec. 17, 54 Stat. 166, as amended; 46 U.S.C. ers for Certificates of Public Con­ 375, 416, 526p. Treasury Department Order venience and Necessity and for Commission. 120, July 31, 1950, 15 FJt. 6521) Abandonment; Number of Copies Gordon M. G rant, a «Hnn secretary. Subpart 25.40— Ventilation May 4, 1965. 2. Section 25.40-1 is amended to read This order amends § 157.23 of the as follows; regulations under the Natural Gas Act Wednesday, M ay 12, 1965 FEDERAL REGISTER 6519

For the U.S. Atomic Energy Commis­ Subparts Subject sion. FPR 1-6.1______Buy American Act— Supply and service contracts. Title 41— PUBLIC CONTRACTS J o s e ph L . S m it h , FPR 1-6.2______Buy American Act—Con­ Director, struction contracts. AND PROPERTY MANAGEMENT Division of Contracts. AECPR 9-6.1__ Buy American Act— Supply _ service contracts. [F.R. Doc. 65-4986; Filed, May 11, 1965; Chapter 9— Atomic Energy AECPR 9-6.2_Buy American Act—Con­ 8:46 a.m.] Commission struction contracts. PART 9-1— GENERAL Sections 9-6.100 and 9-6.202 are re­ vised as follows : Subpart 9-1.3— General Policies PART 9-4— SPECIAL TYPES AND METHODS OF PROCUREMENT § 9—6.100 Scope. Subpart 9-1.7— Small Business This subpart implements Federal Pro­ Concerns Scope of Part and Policy, AEC curement Regulations Subpart 1-6.1. Contractors PART 9 -6 — FOREIGN PURCHASES § 9—6.202 Scope. The following sections ' are added : Subpart 9-6.1— Buy American Act— This subpart implements Federal Pro­ Supply Service Contracts § 9—4.000 Scope o f part. curement Regulation Subpart 1-6.2. (Sec. 161, Atomic Energy Act of 1954, as Subpart 9-6.2— Buy American Act— This part implements and supple­ amended, 68 Stat. 948, 42 U.S.C. 2201; section Construction Contracts ments the policies and procedures set 205 of the Federal Property and Administra­ forth in Federal Procurement Regulation tive Services Act of 1949, as amended, 63 PART 9-7— CONTRACT CLAUSES Part 1-4. Stat, 390, 40 U.S.C. 486) Subpart 9-7.50— Use of Standard § 9—4.000—50 Policy, AEC contractors. Effective date. These regulations are Clauses effective upon publication in the F ederal The following portions of this part R e g ister . Miscellaneous A m e n d m e n t s constitute specific provisions which the. Dated at Germantown, Md., this 5th , The following new section is added to contracting officer shall bring to the at­ tention of AEC contractors, where ap­ day of M ay, 1965. Subpart 9-1.3, General Policies: plicable, for appropriate action. For the U.S. Atomic Energy Commis­ § 9-1.356 Direct contracting for archi­ Section or subpart Subject sion. tect-engineer and construction con­ AECPR 9-4.5008__“Representation” for use J o s e ph L. S m i t h , tracts. in subcontracts and Director, , It is the policy of AEC to obtain a r­ purchase orders of Division of Contracts. chitect-engineer and construction serv­ primé contractor hold­ ing statutory indem­ [F R . Doc. 65-4988; Filed, May 11, 1965; ices by direct contract with the AEC. nity agreement. 8:46 a.m.] Exceptions to this policy require prior Headquarters approval in accordance' (Sec. 161, Atomic Energy Act of 1954, as with the provisions of AEC M anual amended, 68 Stat. 948, 42 U.S.C. 2201; section Chapter 6101. 205 of the Federal Property and Administra­ tive Services Act of 1949, as amended, 63 Title 47— TELECOMMUNICATION Section 9-1.709, Records and reports, Stat. 390, 40 U.S.C. 486) is amended by deleting paragraph (b) Chapter I— Federal Communications (5) and renumbering paragraph, (b ) ( 6) Effective date. These amendments Commission as (b)(5). are effective upon publication in the F ed­ Sections 9-6.103, Nonavailability in the eral R e g ister . [FCC 65-390] . United States, and 9-6.103-2 ' Exceptions, Dated at Germantown, Md., this 5th are revised as follows : PART 73— RADIO BROADCAST day of M ay 1965. SERVICES I i-i.103-2 N o n a v a ila b ilit y in the For the U.S. Atomic Energy, Commis­ United States. sion. •„ - Operator Requirements Contracting officers may make the de­ J o s e p h L. S m i t h , At a session of the Federal Communi­ terminations required by F P R 1-6.103-2, Director, cations Commission at its office in W ash ­ provided such determination is factually Division of Contracts<... I ington, D.C., on the 5th day of May 1965 ; supported in writing. [F.R. Doc. 65-4987; Filed, May 11, 1965; The Commission having under con­ ^ Unreasonable cost or in­ 8:46 a.m.] sideration possible amendment of the consistency with the public interest. Commission’s rules and regulations deal­ ing with “operator requirements” (§§ 73.- A i i as provided in § 9-6.104-4(a), 93, 73.265, 73.565 and 73.661) ; and tne General Manager shall make the de- PART 9-6— FOREIGN PURCHASES It appearing, That these rules and reg­ temunation required by F P R 1-6.103-3. ulations have consistently been inter­ ne • '°n - - - , General, paragraph Miscellaneous Amendments 9 6 202 1 preted as requiring that the transmitter ono 7 ,amended by changing FPR 1-6.- § 9-6.000-50, Policy, cost-type con­ be accessible and clearly visible to the Z*, ia) and (b) to F P R - . (a ) and (c). 1 6 202-1 tractor procurement, is added as follows: operator from his normal operating position; Sections 9-7.5004-7, - 8, - 9, - 12, -18, § 9—6.000—50 Policy, cost-type contrac­ It further appearing, That they have tor procurement. title?nd ~23 are amended by deleting the been construed similarly with respect to The following subparts in FPR 1-6 control and monitoring equipment, if ameririirt1’ i 10“ 10 Energy Act of 1954, and in this AECPR 9-6 constitute spe­ remote control authority has been au­ tSn 2o=d;f6fv,stat- 948,42 u -s -c - 2201; £ cific provisions which the contracting thorized by the Commission; istrativp ° as amenc Stat. 390, 40 U.S.C. 486) cost-type contractors as constituting 73.265, 73.565, and 73.661 should be re­ areas which require appropriate treat­ worded to make these interpretations effective^6 ^ate' Tbese amendments ment in the development of statements explicit; S egzsS? Publication in the F of contractor procurement practices in It further appearing, That since the order to carry out the basic AEC procure­ rules no longer provide for the routine operation of AM and FM broadcast sta­ M d - this ment policy set forth in AECPR § 9-1.5203: , ' tions by holders of Radiotelephone Third 6520 RULES AND REGULATIONS

Class permits not endorsed for broadcast ily accessible and clearly visible to the the transmitter is delivering power to the station operation, existing references to operator at his normal operating posi­ transmitting antenna. The original li­ such permittees should be deleted; tion. cense (or FCC Form 759) of each station It further 'appearing, That the first (b) In cases where a station is author­operator shall be posted at the place amendment mentioned above is inter­ ized to operate with a transmitter power where he is on duty. The licensed oper­ pretative and the second is editorial, so output not in excess of 25 kilowatts, the ator on duty and in charge of television that the notice requirements of section 4 routine operation of the transmitter may broadcast transmitter may, at the dis­ of the Administrative Procedure Act (5 be performed by an operator holding a cretion of the licensee, be employed for U.S.C. 1003) are not applicable; and valid first-class or second-class radio­ other duties or for the operation of an­ It further appearing, That authority telephone or radiotelegraph operator li­ other station or stations in accordance for the promulgation of these amend­ cense or a radiotelephone third-class with the class of license which he holds ments to the Commission’s rules and reg­ operator permit which has been endorsed and the rules and regulations governing ulations are contained in section 4 (i) for broadcast station operation. The such other stations. However, such and (j) and 303(r) of the Communica­ operator shall be on duty at the trans­ other duties shall in nowise impair or tions Act of 1934, as amended; mitter or authorized remote control point impede the required supervision of the Part 73 of the rules and regulations is and in actual charge thereof. Except at television broadcast transmitter. If op­ amended as follows: times when the operation of the station eration by remote control has not been 1. In § 73.93, paragraph (a) and the is under the immediate supervision of an authorized, the transmitter shall be introductory text of paragraph (b) arq operator holding a valid radiotelephone readily accessible and clearly visible to amended to read as follows: first-class operator license, adjustments the operator at his normal operating of the transmitter shall be limited to the position. I f operation by remote control § 73.93 Operator requirements. following: is authorized, the control and monitor­ (a) One or more radio operators hold­ * * * * * ing equipment shall be readily accessible ing a valid radiotelephone first-class op­ and clearly visible to the operator at his erator license, except as provided in par­ 3. In § 73.565 paragraph (a) and the normal operating position. agraph (b ) of this section, shall be in introductory text of paragraph (b) are It is ordered,, That, effective May 14, actual charge of the transmitting appa­ amended to read as follows: 1965, each of the aforementioned rules ratus and shall be on duty either at the §73.565 Operator requirements. ' and regulations is amended as previously transmitter location or remote control (a) One or more radio operators hold­ indicated. point. If operation by remote control ing a valid radiotelephone first-class has not been authorized, the transmitter (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. operator license, except as provided in shall be readily accessible and clearly 154; interprets or applies sec. 303, 43 Stat. paragraph (b ) of this section, shall be visible to the operator at his normal op­ 1082, as amended; 47 U.S.C. 303) in actual charge of the transmitting ap­ erating position. If operation by remote paratus and shall be on duty either at Released: May 7, 1965. control is authorized, the control and the transmitter location or remote con­ Federal Communications monitoring equipment shall be readily trol point. If operation by remote con­ Commission,1 accessible and clearly visible to the oper­ trol has not been authorized, the trans­ seal en aple ator at his normal operating position. [ ] B F. W , mitter shall be readily accessible and Secretary. (b) In cases where a station is au­ clearly visible to the operator at his nor­ thorized for nondirectional operation [F.R. Doc. 65-5005; Filed, May 11, 1965; mal operating position. If operation by with power not in excess of 10 kilowatts, 8:48 a.m.] remote control is authorized, the control the routine operation of the transmitter and monitoring equipment shall be read­ may be performed by an operator hold­ ily accessible and clearly visible to the ing a valid first-class or second-class [FCC 65-389] operator at his normal operating posi­ radiotelephone or radiotelegraph oper­ tion. PART 73— -RADIO BROADCAST ator license or a radiotelephone third- (b) In cases where a station is author­ SERVICES class operator permit which has been en­ ized to operate with transmitter power dorsed for broadcast station operation. able of Assignments; FM Broadcast output not in excess of 25 kilowatts, the The operator shall be on duty at the routine operation of the transmitter may Stations transmitter or authorized remote control be performed by an operator holding a point and in actual charge thereof. Ex­ In the matter of amendment of valid first-class or second-class radio­ cept at times when the operation of the 73.202, Table of Assignments, telephone or radiotelegraph operator li­ station is under the immediate super­ iroadcast Stations (Plymouth ana cense or a radiotelephone third-class vision of an operator holding a valid roshen, In d .), Docket No. 15859, RM- operator permit whieh has been endorsed radiotelephone first-class operator li­ 78 for broadcast station operation. The cense, adjustments of the transmitting Report and order. 1. The Commission operator shall be on duty at the trans­ equipment shall be limited to the fol­ as before it for consideration the notice mitter or authorized remote control point lowing: f proposed rule making, FCC 65- * and in actual charge thereof. Except * * * * 4 ¡sued in this proceeding on February . at times when the operation of the sta­ 965 (30 F.R. 2473), inviting comments tion is under the immediate supervision 2. In § 73.265, paragraph (a) and the n.a proposal to reassign ^niith of an operator holding a valid operator introductory text of paragraph (b) are 32A from Goshen, Ind., to ply®°J ’ license of the grade indicated for the amended to read as follows: nd., in response to a petition for station in subparagraphs (l)r t 2 ), or (3) ìaking (RM -678) filed by Kenneth • § 73.265 Operator requirements. of paragraph (c) of this section, adjust­ lunze, d.b.a. Community Service (a) One or more radio operators hold­ments of the transmitter shall be limited asters. No oppositions to the p P° to the following: ing a valid radiotelephone first-class hange were filed. a , . „ =50 operator license, except as provided in * * * * # 2. Plymouth has a population ol > paragraph .(b) of this section, shall be 4. § 73.661 is amended to read as ersons. It is the county seat and lars in actual charge of the transmitting ap­ follows: st community in ^ ^ 4 3 Oliere paratus and shall be on duty either at diich has a population of 32,44 • the transmitter location or remote con­ § 73.661 Operator requirements. re no F M assignments in trol point. If operation by remote con­ One or more operators holding a valid tie only A M station there, WTCA, ope trol has not been authorized, the trans­ radiotelephone first-class operator li­ tes daytime only. The neai f mitter shall be readily accessible and cense shall be on duty at the place where ity is South Bend (2 Class A a aboufc clearly visible to the operator at his nor­ the transmitting apparatus is located or » assignments) at a distance mal operating position. If operation by at a remote control point established remote control is authorized, the control pursuant td the provisions of § 73.676, 1 finmmissioners Bartley and Wadsw and monitoring equipment shall be read­ and in actual charge thereof whenever Wednesday, M a y 12, 1965 FEDERAL REGISTER 6521

23 miles. Goshen, population 13,718, is Adopted: May 5, 1965. through September 14, 1965, daylight the county seat but not the largest com­ Released: May 7, 1965. hours only. munity of Elkhart County, which has a The provisions of this special regula­ population of 106,790. It is located about Federal Communications tion supplement the regulations which 10 miles from Elkhart (2 Class B assign­ Commission,1 govern fishing on wildlife refuge areas ments), the largest city in the county. [seal] Ben F. Waple, generally which are set forth in Title There are no applications on file for Secretary. 50, Part 33, and are effective through Channel 232A presently assigned to [F.R. Doc. 65-5006; Filed, May 11, 1965; September 14,^1965. Goshen. Goshen has an unlimited-time 8:48 a.m.J Sport fishing on the Long Lake Na­ AM station (W K AM ) and an educational tional Wildlife Refuge, N. Dak., is per­ PM station, W GCS. mitted only on the areas designated by 3. Petitioner alleges that Plymouth is signs as open to fishing. These open important to the surrounding area as a Title 50— WILDLIFE AND areas comprising 10,000 acres are de­ governmental and economic center. Fig­ lineated on maps available at refuge ures on retail and wholesale sales are FISHERIES headquarters and from the office of the cited to show that the Plymouth sales Regional Director, Bureau of Sport Fish­ are a large portion of the total county Chapter I— Bureau of Sport Fisheries eries and Wildlife, 1006 West Lake Street, sales. Petitioner urges that the proposal and Wildlife, Fish and Wildlife Minneapolis, Minn., 55408. Sport fishing would provide Plymouth with its first Service, Department of the Interior shall be in accordance with all applicable early morning and nighttime aural serv­ State regulations^subj ect to the following ice, that it would represent a more fair PART 33— SPORT FISHING special conditions : and equitable distribution of available National Wildlife Refuges; (a) The open season for sport fishing facilities, and that an application would North Dakota * on the refuge extends from May 8, 1965, be filed without delay in the event the through September 14, 1965, daylight assignment is made available. The following special regulations are hours only. 4. Upon consideration of the com­ effective on date of publication in the The provisions of this special regula­ ments submitted and the relative situa­ Federal Register. tion supplement the regulations which tion of Plymouth and Goshen with re­ § 33.5 Special regulations; sport fish­ govern fishing on wildlife refuge areas spect to existing local and nearby aural ing ; for individual wildlife refuge generally which are set forth in Title 50, services and other pertinent considera­ areas. Part 33, and are effective through Sep­ tions, we are of the view that the reas­ tember 14,1965. signment of Channel 232A from Goshen North Dakota LOWER SOURIS NATIONAL WILDLIFE REFUGE to Plymouth would serve the public in­ ARROWWOOD NATIONAL WILDLIFE REFUGE terest. While Goshen is a somewhat Sport fishing on the Arrowwood Na­ Sport fishing on the Lower Souris larger community (13,718 as against National Wildlife Refuge, N. Dak., is per­ 7,558) it does have an 'unlimited-time tional Wildlife Refuge, N. Dak., is per­ mitted only on the area designated by AM station in addition to an educational mitted only on the areas designated by signs as open to fishing. This open area PM station. Plymouth has only a day­ signs as open to fishing. These open comprising 11,430 acres is delineated on time AM station. Plymouth, being both areas comprising 1,270 acres are delin­ maps available at refuge headquarters the county seat and largest community eated on maps available at the refuge and from the office of the Regional D i­ in its county, is the principal community headquarters and from the office of the rector, Bureau of Sport Fisheries and for the county in which it is located. Regional Director, Bureau of Sport Fish­ Wildlife, 1006 West Lake Street, Minne­ Goshen, on the other hand, is much eries and Wildlife, 1006 West Lake apolis, Minn., 55408. Sport fishing shall smaller than the principal community in Street, Minneapolis, Minn., 55408. Sport be in accordance with all applicable State its county and located only 10 miles away fishing shall be in accordance with all regulations subject to the following spe­ from it. With respect to the availability applicable State regulations subject to cial conditions: or other FM signals, Plymouth is about the following special conditions: o miles from South Bend, the nearest (a) The open season for sport fishing (a) The open season for sport fishing arge city, while Goshen is but 10 miles on the refuge extends from May 8, 1965, on the refuge extends from May 8, 1965, irom Elkhart, the hearest city. Both of through September 14, 1965, daylight through September 14, 1965, daylight inese large cities have two Class B as- hours only. hours only. i&nments. We are therefore of the The provisions of this special regula­ The provisions of this special regula­ view that the proposal to delete Channel tion supplement the regulations which tion supplement the regulations which govern fishing on wildlife refuge areas pi “S® Goshen and to assign it to govern fishing on wildlife refuge areas would conform to section 307 generally which are set forth in Title 50, generally which are set forth in Title 50, k : Act anc* we are adopting it. Part 33, and are effective through Sep­ Part 33, and are effective through Sep- tember 14, 1965. tèmber 14,1965. for the adoption of the in inc*uded herein is contained LAKE ILO NATIONAL WILDLIFE REFUGE TEWAUKON NATIONAL WILDLIFE REFUGE 4 (i) and (j) ’ 303(r) > and 307 as Communications Act of 1934, Sport fishing on the Lake Ilo National Sport fishing on the Tewaukon Na­ « amended. Wildlife Refuge, N. Dak., is permitted tional Wildlife Refuge, N. Dak., is per­ only on the area designated by signs as of the foregoing, It is o r- mitted only on the areas designated by open to fishing. This open area com­ signs as open to fishing. These open Tablt’ f ffective June 14> 1965, the prising 1,300 acres is delineated on maps rulel 2? S i ^ g n m e n t s , § 73.202 of the areas comprising 1,164 acres are de­ ff,’ ^amended as follows: available- at refuge headquarters and lineated on maps available at refuge from the office of the Regional Director, (b) entry for Goshen, Ind. headquarters and from the office of the Bureau of Sport Fisheries and Wildlife, State of Uowingontry under the Regional Director, Bureau of Sport 1006 West Lake Street, Minneapolis, Fisheries and Wildlife, 1006 West Lake City Minn., 55408. Sport fishing shall be in Street, Minneapolis, Minn., 55408. Sport Plymouth Channel No. accordance with all applicable State reg­ ...... 232A fishing shall be in accordance with all ulations subject to the following special applicable State regulations subject to conditions: the following special conditions: “ W this P™ - (a) The open season for sport fishing (a) The open season for sport fishing on the refuge extends from May 8, 1965, 154; 1066, as amended; 47 U.S.C on the refuge extends from May 8, 1965, 1082, 1083; 47f j 3°7’ 48 Stat 1 Commissioners Bartley and Wadsworth through September 14, 1965, daylight absent. hours only. 6522 RULES AND REGULATIONS

The provisions of this special regula­ headquarters and from the office of the The provisions of this special regula­ tion supplement the regulations which Regional Director, Bureau of Sport Fish­ tion supplement the regulations which govern fishing on wildlife refuge areas eries and Wildlife, 1006 West Lake govern fishing on wildlife refuge areas generally which are set forth in Title 50, Street, Minneapolis, Minn., 55408. Sport generally which are set forth in Title Part 33, and are effective through Sep­ fishing shall be in accordance with all 50, Part 33, and are effective through tember 14, 1965. applicable State regulations subject to September 14, 1965. the following special conditions: UPPER SOURIS NATIONAL WILDLIFE REFUGE (a) The open season for sport fishing W . P. S chaefer, on the refuge extends from May 8, 1965, Sport fishing on the Upper Souris Na­ Acting Regional Director, Bureau through September 14, 1965, daylight of Sport Fisheries and Wildlife. tional Wildlife Refuge, N. Dak., is per­ hours only. mitted only on the areas designated by (b) The use of minnows or any other M a y 4,1965. signs as open to fishing. These open fish or part thereof for bait is prohibited areas comprising 6,000 acres are de­ in all waters which lie north of the Lake [F.R. Doc. 65-4972; Filed, May 11, 1965; lineated on maps available at refuge Darling Dam. 8:45 a.m.]

) Proposed Rule Making

Indian Irrigation Project, Mont., on of a producer-sheller committee with DEPARTMENT OF THE INTERIOR M arch 7,1931, approved by the Secretary representatives from major producer of the Interior on April 21, 1931, as sup­ and sheller organizations in three major Bureau of Indian Affairs plemented and ^.mended by later con­ production areas of the United States. [ 25 CFR Part 221 ] tracts dated June 2, 1934, June 6, 1936, Material issues. The m aterial issues and May 16, 1951, there is hereby fixed,, presented on the record of the hearing OPERATION AND MAINTENANCE for the season of 1966 an assessment of are as follows: CHARGES $50,486.27 for the operation and main­ (1) The existence of the right to ex­ tenance of the irrigation system which ercise Federal jurisdiction; Flathead Indian Irrigation Project, serves that portion of the project within (2 ) The need for the proposed mar­ Montana the confines and under the jurisdiction keting agreement to effectuate the de­ of the Mission Irrigation District. This clared policy of the act; Basis and purpose. Notice is hereby assessment involves an area of approxi­ (3) The specific terms and provisions given that pursuant to the authority mately 14,703.81 acres, which does not of the agreement including: contained in the Acts of August 1, 1914 include any land held in trust for Indians (a) Definitions of the commodity, the (38 Stat. 583), M ay 18, 1916 (39 Stat. and covers all proper general charges and persons to be regulated, the area, the 142) and March 7, 1928 (45 Stat. 210), project overhead. crop year, and those other terms set and by virtue of the authority delegated § 221.28 Charges. forth in the notice of hearing which are by the Secretary of the Interior to the applicable to the provisions of the pro­ Commissioner of Indian Affairs (Order Pursuant to a contract executed by the posed program; . No. 2508; 14 F.R. 258), and by virtue of Jocko Valley Irrigation District, Flat- (b) The establishment, maintenance, the authority delegated by the Commis­ head Indian Irrigation Project, Mont., powers, and duties of a peanut adminis­ sioner of Indian Affairs to the Area Di­ on November 13, 1934, approved by the trative committee which shall be the ad­ rector (Bureau Order No. 551, Amend­ Secretary of the Interior on February 26, ministrative agency for the agreement; ment No. 1; 16 F.R. 5454-7), it is pro­ 1935, as supplemented and amended by (c) The procedure for annual devel­ posed to amend §§ 221.24, 221.26, and later contracts dated August 26, 1936, opment of a marketing policy; 221.28 of Title 25, Code of Federal Regu­ and April 18, 1950, there is hereby fixed (d) Quality regulation on incoming lations, dealing with the irrigable lands for the season of 1966 an assessment of • peanuts received or acquired by a han­ of the Flathead Indian Irrigation Project, $21,068.57 for the operation and main­ dler; Montana, that are subject to the juris­ tenance of the irrigation system which (e) Quality regulation on outgoing diction of the several irrigation districts. served that portion of the project within peanuts being disposed of by a handler; The purpose of this amendment is to the confines and under the jurisdiction (f) Inspection, certification, and iden­ establish the lump sum assessment of the Jocko Valley Irrigation District. tification requirements oh handlers; against the Flathead, Mission, and Jocko This assessment involves an area of ap­ (g) Authority for continuation of pro­ Valley Districts within the Flathead proximately 6,812.67 acres, which does gram if prices exceed parity; Indian Irrigation Project for the 1966 not include any lands held in trust for (h) Authority for indemnification to season. Indians and covers all proper general handlers on peanuts determined to be It is the policy of the Department of charges and project overhead. unwholesome ; the Interior, whenever practicable, to (i) Establishment of reporting and J a m e s F. C a n an , anord the public an opportunity to par­ Area Director. related bookkeeping requirements; ticipate in the rule making process. A c- ( j ) Authority for the committee to cordingly, interested persons may submit IF.R. Doc. 65-4981; Filed, May 11, 1965; incur expenses and for the Secretary to 8:46 a.m.j wntten comments, suggestions, or objec­ levy assessments on handlers; tions with respect to the proposed (k) Additional terms and conditions amendment to the Area Director, U.S. as set forth in the notice of hearing in ■bureau of Indian Affairs, 316 North 26th sections 50 through 61 and published in Street, Billings, Mont., within 30 days of DEPARTMENT OF AGRICULTURE F ederal R egister (30 F J t. 3658) on ® da$e °f Publication of this notice in Consumer and Marketing Service March 19, 1965, which are common to tne Federal R egister. marketing agreements; and J ? 0?0]18 22L24> 221.26, and 221.28 are 17 CFR Ch. 1X1 (4) Whether the facts presented on amended to read as follows: the record warrant the omission of a § 221.24 Charges. {Docket No. AO 350] recommended decision and opportunity QUALITY REGULATION OF DOMESTI­ to file exceptions thereto. FiffhrfUl nEto a contract executed by the CALLY PRODUCED PEANUTS Findings and conclusions. The find­ S Irrigation District, Flathead ings and conclusions on the aforemen­ 12 iooomgation Pr°iect, Mont., on May Decision With Respect to Proposed tioned material issues, all of which are bv lot» as suPPlemented and amended Marketing Agreement based on the evidence adduced at the 192Q ^racts dated February 27, hearing and the record thereof, are as and A n S f? 3 1934» August 26, 1936. Pursuant to rules of practice and pro­ follows; for the 5’ 1950’ tllere is hereby fixed cedure as amended, governing proceed­ The proposed agreement should regu­ $267*925 RfiSfn 1966 an assessment of ings to formulate marketing agreements late the quality of domestically produced ten S '^ ^e operation and main- and marketing orders (7 CFR Part 900), peanuts acquired and disposed of by serves that the lrrigtition system which a public hearing was held in Washing­ handlers by limiting lots milled for or the cnnfiiof°r3 n of the project within ton, D.C., on April 7, 1965, pursuant to entering human consumption channels of the Fiflthlffi Hnder the jurisdiction notice thereof published in the F ederal to those meeting prescribed standards. assesLniSh®ad i rngatlon District. This R eg ister (30 F.R. 3658) on a proposed Assessments should be made on an equi­ an area of ap» roxi- marketing agreement applying quality table basis to provide an indemnification delude a n v i i^ J j1?!»68’ wluch does not regulations to the handling of domes­ fund to reimburse handlers for losses on and covSfJf d held in trust for Indians tically produced peanuts to be effective peanuts meeting quality standards but Project o?erhead°Per general charges and pursuant to the provisions of the Agri­ subsequently rejected as unwholesome. cultural Marketing Agreement Act of The proposed agreement should be for § 221.26 Charges. 1937, as amended (secs. 1-19, 48 Stat. 31, the purpose of carrying out the declared as amended; 7 U.S.C. 601-674), herein­ policy of the act by establishing and ^ i ® i o r ^ i ^ f 3 ntract executed by the after referred to as the “act”. The maintaining orderly marketing condi­ rrigation District, Flathead public hearing was held at the request tions as provided therein. . No. 9 i------o 6523

\ 6524 PROPOSED RULE MAKING

(1) Peanuts are acquired by handlers On the 1964 crop, the industry worked poration, association, or other business in the production areas and milled and out a control program with the Commod­ unit. sold to various outlets throughout the ity Credit Corporation of the U.S. De­ “A rea” should be defined to mean all country and in export. No differenti­ partment of Agriculture. This program the States that produce peanuts on a ation is made in the processing or pack­ restricted the quality of peanuts which commercial basis. Presently, allotments ing of peanuts for use within the States could be acquired for milling by any of peanut acreage are made by the De­ of production and those for shipment to sheller; it restricted the quality that a partment of Agriculture to 16 States other parts of the United States. The sheller could deliver; and it provided which are Virginia, North Carolina, peanuts are picked and threshed on the indemnification to handlers for losses South Carolina, Georgia, Florida, Ala­ farm and inspected for quality as they suffered due to rejection of unwholesome bama, Mississippi, Arkansas, Tennessee, are sold or delivered to handlers for stor­ peanuts. This program was only tem­ Missouri, Louisiana, Oklahoma, Texas, age and are similarly milled regardless porary. Congress has provided means New Mexico, Arizona, and California of their destination. Most of the com­ for industries to handle marketing prob­ and hence the definition includes these mercial peanut producing States pro­ lems, concerned with quality, under the States. duce peanuts in excess of their local Agricultural Marketing Agreement Act “Peanuts” should be defined to mean needs and the peanuts are either shipped of 1937. It is this authority that would the seeds of the legume arachis hypogaea to other locatities or States as peanuts be exercised through the proposed mar­ and to include both inshell and shelled or converted to products and shipped in keting agreement to continue the quality other than those marketed by the pro­ both intrastate and interstate commerce. control efforts instituted on the 1964 ducer in green form for consumption as Should a program regulating quality of crop of peanuts through the CCC boiled peanuts. The latter are not de­ peanuts only in interstate commerce be program. livered to handlers and hence can be adopted, the quality of peanuts handled Peanut shellers are financed, in large exempt“ from the commodity to be within States would not be regulated, part, by banks and other credit sources. regulated. resulting in quality variations which Should these shellers be subject to pos­ “Farmers Stock Peanuts” should be could be a damaging factor to the sible substantial losses due to rejections defined as picked and threshed peanuts entire peanut industry. In addition, of peanuts from human consumption which have not been shelled, crushed, since peanuts in intrastate commerce outlets, their ability to pay creditors cleaned, or otherwise changed from the and those in interstate commerce are would be impaired. Lenders would re­ form in which they are customarily mar­ not distinguishable on cars or trucks, gard this type of business as being too keted by the producer. This definition this would create serious compliance risky to warrant the placing of funds is used in other programs of this De­ problems and possible destruction of into such an investment. Should this partment and throughout the industry. the program. For these reasons it is happen, handlers would have insufficient Producers should be permitted to remove concluded that the handling of pea­ funds to acquire peanuts from producers from the threshed peanuts some of the nuts within the respective States of and the Government would face serious foreign material or loose shelled kernels production directly burdens, obstructs, storage and financing problems in ex­ and may reduce the moisture level so and affects interstate and foreign tending price support to producers. that the peanuts will bring a higher price commerce to such an extent as to Thus, development of the proposed mar­ upon delivery to shellers. This proce­ make necessary the regulation of intra­ keting agreement is not only vital to the dure is only a preparation of farmers state commerce in peanuts as well as the peanut industry but also to the banking stock peanuts for delivery and not a interstate and foreign commerce. community and the Government. The cause for change in the classification of (2) Peanuts are produced in many program’s restrictions on acquisitions such peanuts. * localities under varying weather and and deliveries can assure normal opera­ Farmers stock peanuts were handled cultural conditions, harvested and dried tions by peanut handlers or manufac­ in the 1964 crop year under three major by different means and stored or handled turers of peanut products and the pro­ designations, these being Segregation 1, in various ways. This means various visions for indemnification for losses, Segregation 2, and Segregation 3. The qualities of peanuts are delivered by can assure handlers and lenders of the respective segregations are based on producers, milled by handlers, and safety of their funds. the percentage of damaged kernels and offered for human consumption. Some (3) (a) Certain terms applying to spe­those with concealed damage. Thus, it of these have defects of mold or other cific individuals, agencies, legislation, is possible to grade the incoming peanuts damage such as to cause them to be of concepts, or things are used throughout into categories of acceptability. low value, poor taste; or unwholesome. the marketing agreement. These terms “Segregation 1” should mean farmer Lots with a significant amount of such are defined for the purpose of designating stock peanuts with not more than 2 per­ specifically their applicability and estab­ cent damaged kernels nor more than n peanuts adversely affect the demand for by peanuts and their sale is not in the public lishing appropriate limitations on their percent concealed damage caused interest. respective meanings wherever they are rancidity, mold, or decay. The various peanut grower associa­ used. “Segregation 2” should mean farm tions have long striven to improve the “Secretary” should be defined to in­ stock peanuts with more than 21 perc quality of their commodity as a prime clude the Secretary of Agriculture of the but not more than 4 percent damageu factor in orderly marketing and increas­ United States, and in recognition of the kernels nor more than 1.00 percent ing human consumption, 'ffae achieve­ fact that it is physically impossible for cealed damage caused by rancidity, m ment of such quality improvement has him to perform personally all of the or decay. been almost a hopeless task due to the functions and duties imposed upon him “Segregation 3” shouid mean f r® variable and disorganized approach and by law, any other officer or employee of stock peanuts with more than 4 p this would be remedied by the proposed the U.S. Department of Agriculture who damaged kernels or more than l. v marketing agreement. is, or who may hereafter be, authorized cent concealed damage caused W In 1964, the peanut producers, shellers, to act on his stead. cidity, mold, or decay. „„.„table and manufacturers were warned that The term “act” should be defined to These classifications proved accep they had a quality problem, resulting provide a ready and correct legal citation to the industry during the 1964 c P ^ from certain mold damaged peanuts for the statute pursuant to which the son and should be incorporated ^ proposed marketing agreement to^P^^ being unwholesome. The industry real­ proposed program is to be operative and ized that fast action was necessary to avoids the need for referring to these continuity of operation. How avoid marketplace rejection of such pea­ citations. ification of the definition of t ^ nuts. About 75 percent of the crop, The definition of “person” follows the classifications should be pro , vejop- which exceeds 1 million tons, is milled definition of that term as set forth in permit adaptation to unforeseen ^ ^ for human consumption. Producers and section 8a(9) of the act and will insure ments on causes of mold d t jor handlers rely heavily on commercial out­ that it will have the same meaning as it recognize increased ability 0 agree- lets as a major source of income. There­ has in the act. The term is used in the wholesomeness. Therefore, ^ fore, they must avoid possible setbacks ment should include authority in demand brought about by rejection definitions of “producer” and “handler” mmendation w of peanuts that are of unsuitable quality and helps to determine clearly that each Secretary, upon reco: information, for human consumption. covers an individual, partnership, cor­ committee or other Wednesday, M a y 12, 1965 FEDERAL REGISTER 6525 change the respective classifications. are the Southeastern area, consisting dling either in a proprietary capacity or Any such changes would be guided by of the States of Alabama, Florida, as a director, officer, or employee of a the requirements of the marketplace and Georgia, Mississippi, and that part of handler. If the producer should, dur­ the processing capabilities of the peanut South Carolina south and west of the ing the course of his term, become a han­ industry. Santee-Congaree-Broad Rivers; the dler, he should thereupon become ineligi­ The term “producer” should be defined Southwestern area, consisting of the ble! to continue his services on the com­ to identify persons who may be eligible States of Arizona, Arkansas, California, mittee. Should such happen, the person to serve in the producer positions on the Louisiana, New Mexico, Oklahoma, and may no longer be primarily a spokesman administrative committee and those eli­ Texas; and the Virginia-Carolina area, for producers. gible to vote should there be any refer­ consisting of the States of Missouri, M Handler members should be either endum on whether or not the marketing North Carolina, Tennessee, Virginia, and handlers or officers or employees o f’ a agreement should some day be termi­ that part of South Carolina north and handler in the area for which selected. nated. Producer should mean any per­ east of the Santee-Congaree-Broad Officers or employees are the most likely son engaged within the area in a pro­ Rivers. The States included in each of choices as most handlers are corpora­ prietary capacity in the production of the areas are those employed under the tions, there being few one-man opera­ peanuts for sale. Thus, it covers all CCC price support program. The States tions. Should the person’s activity or persons with a proprietary interest, are grouped in this manner since it may employment change relative to being a which is deemed to be synonymous with be desirable to employ some of the estab­ handler, then he, too, should cease to be ownership, and constitutes a simple lished administrative groups to handle eligible. However, there appears to be means of expressing the various ways, local administration of the proposed no need to bar a handler from serving on whether by direct farming activity, part­ marketing agreement. These areas also account of also being a producer, as the nership, sharecropping, or other means, become the basis of producer and han­ latter activity could be expected to be that a person acquires a direct interest dler membership on the administrative the lesser interest of the person. in a commodity and has it available for committee. Each alternate should be selected on sale. “Area Association” should mean the the same basis and thus be similarly “Handle” should be defined for opera­ GFA Peanut Association, Camilla, Ga., qualified to act in the absence of the tional purposes and to assist in defining representing the Southeastern area; member. handler. The term should cover the acts Southwestern Peanut Growers Associa­ Representatives of the area associa­ which are those of a handler, in receiv­ tion, Gorman, Tex., representing the tions should not be required to be other ing and in introducing peanuts into Southwestern area ; and the Peanut than an officer or employee of the as­ channels of trade, and which qualify Growers Cooperative Marketing Associa­ sociation. They need not be producers. the person to participate in this agree­ tion, Franklin, Va., representing the They would be working for producers, ment. Basically, a handler engages in Virginia-Carolina area. These associa­ would be directly concerned with their the receiving or acquiring of peanuts tions are cooperative marketing associa­ interests and hence would be qualified to (whether or not of his own production) tions and are incorporated as such in the represent producers without engaging in in their cleaning, shelling, or crushing area. Each performs certain functions production. and in the shipment or sale of the re­ in effectuating the Commodity Credit The members and the alternate mem­ sultant cleaned inshell or shelled com­ Corporation’s price support program to ber for each member should serve for 3- modity to users or manufacturers. H ow ­ peanut producers. Therefore, each of year terms. Terms of office should be ever, neither the producer acts of sale the associations should have representa­ staggered which would permit new mem­ or delivery to handlers nor of persons tion on the administrative committee. bers to always have the guidance and ex­ who receive peanuts from producers as (3) (b) The administrative agencé toperience of existing members to assist in an intermediary person, and pass them be established under this marketing making committee decisions. So that on to those who mill, shell or crush the agreement should be referred to as the the staggered term may be instituted, the peanuts should be included in the defini­ Peanut Administrative Committee to re­ initial members and their alternates tion since the intermediaries do not re­ flect both the product and the general should be selected so that one-third of lease peanuts into human consumption nature of the committee. It should con­ the producer and handler representatives outlets and the acts occur prior to the sist of 18 members so as to permit repre­ in each area may be replaced each year. time when quality control needs to be sentation by 3 producers and 3 handlers Thus, some producers and handlers of applied. from each of the 3 production areas. the initial committee will be selected for Handler” should be defined to mei The agreement pertains to quality regu­ 3-year terms, some for 2-year terms, and y person who handles peanuts, in lation which is a problem of equal in­ some for 1-year terms. capacity other than that of a custo terest to all production areas and all To expedite establishment of the initial earner or dryer, an assembler, a war segments of the industry. Thus, the rep­ committee, nominees from the three re­ tn7^Sen?^n’ or °ther intermediary b resentation should be equal in number spective areas were submitted to the jm ® the producer and the person ha: both as to producers and to handlers. Department, by representatives of han­ . f ’ and who is a party to tl The industry has used similar repre­ dler and producer organizations, and in­ bnv

The administrative fund and the in­ are discontinued, or change appreciably, (1) The marketing agreement, and all demnification fund should be handled consideration should be given to termi­ of the terms and conditions thereof, will separately by the committee. Any ad­ nation of this agreement. This is to tend to effectuate the declared policy of ministrative fund not used in a crop year cause reconsideration due to the impact the act; should be credited to the accounts of which the CCC action would have han­ (2) The said marketing agreement handlers in the subsequent crop year. dler acquisition practices. regulates the handling of peanuts of do­ However, this action should be deferred Normally, the Secretary would deter­ mestic production in the same rnanner until funds are available from the new mine whether or not producers favor ter­ as, and is applicable only to persons in crop. Permitting use of the already col­ mination by conducting a referendum. the respective classes of industrial or lected money until new collections are If termination were favored, the act re­ commercial activities specified in, a pro­ made could avoid the need to borrow quires termination at the end of the then posed marketing agreement upon which money for administrative purposes. current marketing period. Since termi­ a hearing has been held; and Since the crop year begins in July and nation can have a substantial economic (3) A ll handling of peanuts covered by substantial quantities of peanuts are impact on producers or handlers or both, the marketing agreement is in the cur­ harvested by September, it appears that industries often desire advanced notice rent of interstate or foreign commerce by the end of the fourth month of the of this action. Thus, it is proposed that or directly burdens, obstructs, of affects crop year (October), the committee will in this agreement, the notice be at least such commerce. have sufficient collections from the new one month in advance of the end of the Marketing agreement. Annexed here­ year’s assessments to permit closing of current crop year. to and made a part hereof is a document the books for the prior year and crediting In view of the fact that any handler entitled “Marketing Agreement Regulat­ the excess money of the handlers who executing the agreement after the effec­ ing the Quality of Domestically Produced contributed the excess. It is to be un­ tive date is to be afforded the benefits, Peanuts” which has been decided upon derstood that excess money may first be privileges and immunities, including the as the appropriate and detailed means used by the committee against any other indemnity feature, he should be required of effecting the foregoing conclusions. obligations of the handler which are due to comply with the assessment obliga­ It is hereby ordered, That all of this the committee. Also, any handler who tions and quality regulations applicable decision including the annexed agree­ discontinues his business should be per­ to the current crop. ment, be published in the Federal mitted to have the excess refunded to (5) The due and timely execution ofR egister. him. In this instance, he would not be the functions of the Secretary of Agri­ subject to assessment of the new crop culture under the act imperatively and Dated: M ay 7, 1965;' year and, hence, there would be no point unavoidably requires the omission of a G eorge L. M ehren, in holding his money to apply against recommended decision and exceptions Assistant Secretary. possible obligations. Excess funds can thereto. M a r k etin g A greement R egulating the arise from the fact that the original as­ The agreement requires several actions Q u a l it y of D omestically Produced sessment was based on a budget of ex­ to be taken by the committee and the P eanuts penses and by the close of the fiscal pe­ Secretary relative to establishing and riod the actual expenses can then be de­ applying quality regulations on the 1965 The parties hereto, in order to effectu­ termined, and the handler’s actual pro crop of peanuts. The CCC program of ate the declared policy of the Agricul­ rata share of such expenses. regulation was on 1964 crop only. Fail­ tural Marketing Agreement Act of 1937, Upon termination of the agreement, ure to provide sufficient opportunity for as amended (48 Stat. 31 as amended; 7 the indemnification money on hand the committée to organize, to consider U.S.C. 601-674), and in accordance with should be turned over to any successor and recommend 1965 crop regulations the applicable rules of practice and pro­ committee or disposed of, with the ap­ and to complete arrangements to admin­ cedure governing proceedings to formu­ proval of the Secretary, for projects of ister the regulations, would create a pe­ late marketing agreements and market­ benefit to the peanut industry. If the riod wherein the movement of peanuts ing orders (7 CFR Part 900), desire to marketing agreement were replaced by a would be unregulated and such is neither enter into this marketing agreement to successor program, it would be highly in the. interest of the industry nor in apply quality regulations to the handlmg desirable that such program began its the public interest. of domestically produced peanuts of 1965 indemnification program with an ade-< Moreover, handlers and producers, and later crops and provide for indem­ quate reserve of money. If there were persons concerned with price support ac­ nification and each party hereto agrees no successor program, the money should tivity, and peanut users and manufac­ that, from the effective date of this mar­ be used for benefits to the peanut in­ turers need the earliest possible infor­ keting agreement, its handling of domes­ dustry. In the event there is still a mation on how peanuts will be marketed tically produced peanuts shall be in con­ residual of indemnification money, this in the 1965 crop year. Contracting for formity to, and in compliance with, tn together with any administrative money, the crop begins in advance of harvest provisions hereof, which are as follow . should be returned pro rata to the han­ and delays in this area adversely affect D e fin itio n s dlers from whom collected. This latter plans to produce and market peanut would simply be a means of completing products. The time which would be con­ ion I. Secretary. liquidation of the program. sumed in preparing and issuing a rec­ Secretary” means the Secretary of (3) (k) Except for sections 57 and 61, ommended decision, allowance of a iculture of the United States or the provisions of sections 50 through 56 period for filing exceptions thereto and ier or employee Of the U.S. D®P and 58 to 61 as hereinafter set forth, are consideration of any such exceptions it of Agriculture who is, or who similar to those which are included in prior to the issuance of the Secretary’s safter be, authorized to act in other marketing agreement programs. decision would unduly delay the effective All such provisions, including sections 57 date of the marketing agreement and .and 61, are incidental to, and not incon­ thereby tend to obstruct and defeat the . 2. Act. sistent with, the act and are necessary purposes of the agreement and the act. Act” means Public Act No. to effectuate the other provisions of the Rulings on proposed findings and con­ igress (M ay 12, 1933), as amendea marketing agreement and to effectuate clusions. April 23, 1965, was set by the l as re-enacted and amended J the declared policy uf the act. Testi­ Presiding Officer at the hearing as the •icultural Marketing Agreement act mony at the hearing supports the inclu­ latest date by which briefs would have 7, as amended (48 Stat. 31, as sion of each such provision. to be filed by interested parties with re­ 7 U.S.C. 601 et seq.). In addition to the requirement that spect to facts presented in evidence at the Secretary shall terminate or suspend the hearing and the findings and con­ Person thè operation of any or all of the provi­ clusions which should be drawn there­ in pa ns an individual, Pa^ sions of this agreement, whenever he from.- - No such brief was filed. However, finds that such provisions do not tend to a letter was received from a sheller asso­ effectuate the declared policy of the act, ciation favoring a marketing agreement. the agreement should require that if the Général findings. Upon the basis of provisions of the CCC price support pro­ the evidence introduced at such hearing, gram relating to purchases from shellers and the record thereof, it is found that : Wednesday, M a y 12, 1965 FEDERAL REGISTER 6531 the States of Virginia, North Carolina, ending with June 30 of the following Sec. 18. Initial committee. South Carolina, Georgia, Florida, Ala­ year. The initial members of the committee bama, Mississippi, Arkansas, Tennesseee, Sec. 10. Production areas. and their respective alternates shall be Missouri, Louisiana, Oklahoma, Texas, as follows: New Mexico, Arizona, and California. “Production areas” means (a) the Southeastern Area consisting of Ijhe Southeastern A rea Sec. 5. Peanuts. States of Alabama, Florida, Georgia, Mississippi, and that part of South Caro­ Alternate Term ot “Peanuts” means the seeds of the Producers Member member office legume arachis hypogaea and includes lina south and west of the Santee- (years) both inshell and shelled other than those Congaree-Broad Rivers. marketed by the producer in green form (b) The Southwestern Area consist­Area associa- D. H. Harden W. Q. Miller. 3 as boiled peanuts. ing of the States of Arizona, Arkansas, tion. for consumption At large_____ James E. T. Lewis 2 (a) Farmers stock. “Farmers stock , California* Louisiana, New Mexico, Okla­ Mobley. Knox. peanuts” means picked and threshed homa, and Texas. Do______Emmett Billy New- 1 Reynolds. berry. peanuts which have not been shelled, Cc) The Virginia-Carolina Area con­ crushed, cleaned, or otherwise changed sisting of the States of Missouri, North Handlers Carolina, Tennessee, Virginia, and that Don W. Sands. Tom Chan- 3 (except for removal of foreign material, dler. loose shelled kernels and excess mois­ part of South Carolina north and east James Ander- J. B. Rob- 2 form in which customarily of the Santee-Congaree-Broad Rivers. son. erts. ture) from the R. C. Single- Robert 1 marketed by producers. Sec. 11. Area association. tary, Jr. Pender. (b) Segregation 1. " “Segregation 1 “Area association” means for the peanuts” means farmers stock peanuts Southwestern Area with not more than 2 percent damaged Southeastern area, GFA Peanut Associa­ kernels nor more than 1.00 percent con­ tion, Camilla, Georgia; Southwestern area, Southwestern Peanut Growers As­ Alternate Term of cealed damage caused by rancidity, mold Producers Member member office or decay. sociation, Gorman, Texas; and Virginia- (years) (c) Segregation 2. “Segregation 2 pea­ Carolina area, Peanut Growers Coopera­ tive Marketing Association, Franklin, nuts” means farmers stock peanuts with Area associar Ross Wilson... B. D. Green. 3 Virginia. tion. more than 2 percent but not more than At large_____ D. B. Warren. E. A. Walk­ 2 4 percent damaged kernels nor more than P eanut A dministrative Committee er. 1.00 percent concealed damage caused by Do______Barton Scott.. Jesse Leach. 1 Sec. 15. Establishment and membership. rancidity, mold or decay. Handlers (d) Segregation 3. “Segregation 3 pea­ A Peanut Administrative Committee John Haskins. Pat Cagle... 3 Melvin Shell.. Ellis L. 2 nuts” means farmers stock peanuts with (hereinafter referred to as committee) is Ganey. more than 4 percent damaged kernels hereby established to administer the John Bur- R. L. Bor­ 1 ' roughs den. or more than 1.00 percent concealed terms and provisions of this agree­ damage caused by rancidity, mold or ment. Such committee shall consist of decay. 18 members of whom 9 shall represent Virginia-Carolina A rea (e) The definitions set forth in para­ producers and 9 shall represent han­ dlers. The producer representation Alternate Term of graphs (b), (c), and (d) of this section Producers Member member office may be modified by the Secretary pur­ shall be three for the Southeastern area, (years) suant to section 34. three for the Southwestern area, and three for the Virginia-Carolina area of Sec. 6. Producer. V Area associa- S. Womack J. F. Tur- 3 which one of the three in each produc­ tion. Lee. ner, Sr. tion area shall represent the respective At large_____ Joe S. Sugg___ Minton 2 “Producer” means any person engaged Beach, Jr. within the area in a proprietary capacity area association. The handler represen­ Do______Wm. V. Raw­ G. B. Ligon. 1 in the production of peanuts for sale. tation shall also be three for each of lings. Sec. 7. Handle. the designated areas. For each member Handlers there shall be an alternate member. H. R. Bird­ W. J. Spain, 3 “Handle” means to engage in the re­ song. Jr. Sec. 16. Eligibility. T. J. White.... W. P. Wood- 2 ceiving or acquiring, cleaning and shell- ley. mg. cleaning inshell, or crushing of pea- Each producer member of the com­ B. E. Parker.. William D. 1 Shaw. uts and in the shipment (except as a mittee and alternate member shall be, « mnlon or contract carrier of peanuts at the time of his selection and during his S by another) or sale of 'cleaned term of office, a producer, or an officer Sec. 19. Nomination. or shelled peanuts or other ac- or employee of an area association, in Producers and handlers may nominate ront ®aus*n£ Peanuts to enter the cur- the area for which selected and shall their successor representatives to those °J commerce: Provided, That this cease to be a member or alternate upon named in section 18 at meetings held in, of n aoe? no^ include sales or deliveries engaging in the handling of peanuts each area except that each area associa­ nr ?®anuts. by a producer to a handler either in a proprietary capacity or as tion representative shall be nominated in riou,an- lni'erme and who is a party shall be the nominee. All nominations u irus agreement. ed for terms of 1, 2, or 3 years so that shall be certified by the committee to the one-third of the producer and handler Sec. 9. Crop year. Secretary no later than April 5 preceding representatives in each area may be re­ the commencement of the term of office. placed each year. Each member and year” °anrfar” iS synony|nous with “fiscal alternate member shall continue to Sec. 20. Selection. beginningg with July the i 12"monthof any year period and serve until his successor is selected and The Secretary shall select successor has qualified. producer and handler members and al- No. 91----- 4 6532 PROPOSED RULE MAKING1 ternate members of the committee in the Sec. 27. Powers. lations for the pending crop. In the numbers and with the qualifications The committee shall have the following event it becomes advisable to modify specified in this agreement. Such selec­ powers: such policy, because of changed condi­ tions may be made from the nominations (a) To administer the agreement in tions, the committee shall formulate a certified by the committee or from other accordance with its terms and provi­ new policy and shall submit a report eligible producers and handlers. sions; thereon to the Secretary. In developing the marketing policy, the committee Sec. 21. Failure to nominate. (b ) To receive, investigate, and report to the Secretary, complaints of viola­ shall give consideration to the produc­ In the event a nominee for any mem­ tions of this agreement; and tion, harvesting and storage conditions, ber or alternate member position is not (c) To recommend to the Secretary probable quality of crop, grading and certified pursuant to and within the time treatment methods, inspection capabil­ amendments to this agreement. Specified, the Secretary may select an ity, demand for peanuts in domestic and eligible person to fill such position with­ Sec. 28. Duties. foreign markets, the basis of handler in­ out regard to nomination. The committee shall have the follow­ demnification, the probable assessable Sec. 22. Qualify by acceptance. ing duties: tonnage for the purposes of section 48 (a) To act as intermediary between and such other factors as may have a Each person selected by the Secretary the Secretary and any producer or han­ bearing on the peanut quality regulation as a member or as an alternate member dler; or the administration of this agreement. shall, prior to serving, qualify by filing (b) To keep minutes, books, and other, Notice of the committee’s marketing pol­ with the Secretary a written acceptance records which shall clearly reflect all of icy, and of any modifications thereof, as soon as practicable after being noti­ its acts and transactions and these shall shall be given promptly by reasonable fied of such selection. be subject to examination by the Secre­ publicity, to producers and handlers. Sec. 23. Alternate members. tary at any time; Q uality R egulation (c) To investigate and assemble data An alternate for a member shall act in Sec. 31. Incoming regulation. the place and stead of such member (a) on the production, handling, and mar­ during his absence, or (b) in the event of keting of peanuts; N o handler shall receive or acquire his removal, resignation, disqualification, (d) To submit to the Secretary such peanuts, either from a producer or other or death, until a successor for such mem­ available information with respect to person, unless such peanuts were deter­ ber’s unexpired term has been selected peanuts as he may request and such other mined pursuant to section 33 to be Seg­ and has qualified. information as the committee may deem regation 1 peanuts at time of receipt desirable and pertinent; from the producer or, if received from Sec. 24. Vacancies. (e) T o select from among its members another person, had not been mixed with Any vacancy occasioned by the re­ a chairman and other officers and to peanuts of a lower quality than Segrega­ moval, resignation, disqualification, or adopt such bylaws for the conduct of its tion 1: Provided, That a handler may death of any member or alternate, or any business as it may deem advisable; (a) receive or acquire and deliver for need to select a successor through failure (f ) To appoint or employ such persons seed purposes farmers stock peanuts with of any person selected as a member or as it may deem necessary and to deter­ not more than 3 percent damaged ker­ alternate member to qualify, and which mine the salaries and define the duties nels nor more than 10 percent moisture is not recognized by the committee cer­ of each such person; if such peanuts were produced under the tifying to the Secretary a new nominee (g) To cause the books of the commit­ auspices of a State agency which regu­ within 40 calendar days, may be filled tee to be audited by a certified public lates or controls the production of seed pursuant to section 21. accountant at least once each crop year peanuts; (b ) acquire shelled peanuts and at such other times as the committee from the Commodity Credit Corporation Sec. 25. Compensation and expenses. may deem necessary or as the Secretary (C C C ) or cleaned inshell or shelled pea­ The members of the committee, and may request, to submit two copies of each nuts from handlers subject to this agree­ the alternate members when acting as such audit report to the Secretary, and ment, or from buyers who have pur­ members, shall serve without compensa­ to make available a copy which does not chased such peanuts from such handlers tion but shall be allowed their necessary contain confidential data for inspection or from CCC, if the lot has been certified expenses, actual or per diem, as approved at the offices of the committee by pro­ as meeting the requirements of section by the committee. ducers and handlers; 32(a) and the Identity is maintained! (h ) To prepare and submit to the Sec­ (c) perform services for an area associa­ Sec. 26. Procedure. retary quarterly statements of the finan­ tion pursuant to a peanut receiving and warehouse contract; and (d) if a crusher, All decisions of the committee reached cial operations of the committee and to acquire peanuts of a lower quality than at an assembled meeting shall be by make such statements together with the Segregation 1 as oil stock upon such con­ majority vote of the members present minutes of the meetings of said commit­ ditions as the committee, with the ap­ except that a change of a quality regu­ tee available for inspection at the offices proval of the Secretary, may presen • lation shall require approval of 75 per­ of the committee by producers and han­ Segregation 2 peanuts which are who cent of the members. Meetings, or dlers; some relative to mold damage may be ac­ portions of meetings, concerned with To give the Secretary the same marketing policy or quality regulation notice of meetings of the committee as quired from peanuts held by cpcKor.hp area association when released by shall be open to all members of the pea­ is given to members; Secretary as needed to fill demand, nut industry. All votes in an assembled (j) To investigate compliance with and the situation of section 35, the Secre _ meeting shall be cast in person and a to use means available to the committee may authorize handlers to acquire quorum must be present for a valid deci­ to prevent violation of the provisions of regation 2 peanuts from producer sion. A quorum shall consist of not less this agreement; and intermediaries. The acquisition of than 50 percent of the producer members the committee to perform its functions clusion of the crop year in excess of the under this agreement. crop year’s expenses, other than in­ » 2 ?, requirements 0f sections 31 a demnification, funds, may be used to de­ (hi < de*initions set forth in sectior Sec. 43. Records. fray expenses for no more than the en­ Secrefk^and (d) may be modifled by t Each handler shall maintain such rec­ suing 4 months, and thereafter within a < S X ’ Upon ^commendation of t ords of peanuts received, held and dis­ reasonable time the committee shall ever he6« 0*? other information, whe posed of by him, as will substantiate any credit the aforesaid administrative ex­ would f0Jln upon such ten spect any peanuts so held by such han­ or disposed of, with the approval of the the approval of th 1l may establish w; dler and any and all records of such Secretary, for projects of benefit to the any handler t« ®ecretary, indemn handler with respect to the acquisition, peanut industry and any residual to­ josses incurred l£ h iextent specified, : holding, or disposition of all peanuts gether with any administrative money have been mflled^phim ,on Peanuts whi which may be held or which may have shall be distributed in such manner as milled for sale for human cc been disposed of by him. the Secretary may direct: Provided, 6534 PROPOSED RULE MAKING

That, to the extent practicable, such re­ Sec. 57. Suspension or termination. under, or (b) release or extinguish any sidual funds shall be returned pro rata (a ) Failure to effectuate policy of act. violation of this agreement or any regu­ to the persons from whom collected. The Secretary shall terminate or suspend lation issued thereunder, or (c) affect or impair any rights or M iscellaneous P r o v isio n s the operation of any or all of the pro­ remedies of the visions of this agreement, whenever he Secretary, or of any other person, with Sec. 50. Rights of the Secretary. finds that such provisions do not tend to respect to such violation. The" members of the committee (in­ effectuate the declared policy of the act. Sec. 60. Counterparts. cluding successors or alternates) and Moreover, if the provisions of the CCC any agent or employee appointed or em­ price support program relating to pur­ This agreement may be executed in ployed by the committee, shall be sub­ chases from shellers are discontinued, multiple counterparts and, when one counterpart is signed by the ject to removal or suspension by the Sec­ or change appreciably, consideration Secretary, all such counterparts shall retary, in his discretion, at any time. shall be given to termination of this constitute, Each and every decision, determination, agreement. when taken together, one and the same instrument as if all signatures or other act of the committee shall be (b ) Referendum. The Secretary shall were con­ tained in one original. subject to the continuing right of the terminate, in accordance with section Secretary to disapprove of the same at 8c(16) (B) of the act, the provisions of See. 61. Additional parties. this agreement at the end of any crop any time, and upon such disapproval, After the effective date of this agree­ year whenever he finds that such ter­ shall be deemed null and void. ment, any handler may become a party mination is favored by a majority of the Sec. 51. Personal liability. hereto if a Counterpart is executed by producers of peanuts who during the him and delivered to the Secretary. This No member or alternate member of the crop year have been engaged in the pro­ agreement shall take effect as to such committee, nor any employee, represent­ duction of peanuts for market: Provided, new contracting party at the time such ative, or agent of the committee shall be That such majority have during such counterpart is delivered to the Secre­ held personally responsible to any-han- period produced for market more than tary and such party has complied with dler, either individually, or jointly with 50 percent of the volume of such peanuts assessment obligations and the quality others, in any way whatsoever, to any produced for market within the area, but regulations applicable to the current crop. person, for errors in judgment, mistakes, such termination shall be effective only The benefits, privileges, and immunities or other acts, either of commission or if announced on or before; June 1 of the conferred by this agreement shall then omission, as such member, alternate then current crop year. be effective as to such new contracting member, employee, representative, or (c) Termination of Act_ The pro­ party. agent, except for acts of dishonesty. visions of this agreement shall terminate, The undersigned hereby authorizes the in any event, whenever the provisions of Sec. 52. Separability. Secretary to correct typographical errors the act authorizing them cease to be in which may have been made in this If any provision of this agreement is effect. marketing agreement. declared invalid, or the applicability Sec. 58. Procedure upon termination. thereof to any person, circumstance, or In witness whereof, the contracting han­ dlers,^ acting under the provisions of the thing is held invalid, the validity of the Upon the, termination of this agree­ act, and for the purposes and subject to the remainder, or the applicability thereof to ment, the ifiembers of the committee then limitations therein contained, and not other­ any other person, circumstance, or thing, functioning shall continue as joint wise, have hereunto set their respective shall not be affected thereby. trustees, for the purpose of liquidating hands and seals. the affairs of the committee. Action by Sec. 53. Derogation. Signature of party: such trustees shall require the concur­ (Firm name) Nothing contained in this agreement rence of a majority of said trustees. is, or shall be construed to be, in dero­ Such trustees shall continue in such (Address) gation or in modification of the rights capacity until discharged by the Secre­ By: of the Secretary or of the United States tary, and shall account for all receipts (Name) to exercise any powers granted by the and disbursements and deliver all prop­ " (Title) act of otherwise, or, in accordance with erty on hand, together with all books such powers, to act in the premises and records of the committee and the Date of execution whenever such action is deemed advis­ joint trustees, to such person as the (Corporate seal; if - able. Secretary may direct; and shall, upon none, so state) the request of the Secretary, execute Sec. 54. Duration o f immunities. [F.R. Doc. 65-4975; Filed, May 11, 1965; such assignments or other instruments 8:46 am .] The benefits, privileges, and immuni­ necessary or appropriate to vest in such ties conferred upon any person by virtue person full title and right to all the funds, of this agreement shall cease upon its properties, and claims vested in the com­ 17 CFR Parts 1097, 1102, 11083 termination, except with respect to acts mittee or the joint trustees, pursuant to [Docket Nos. AO-219-A16, AO-237-A11,. done under and, during the existence this agreement. Any person to whom AO-243—Al 3] thereof. funds, property, or claims have been MILK IN MEMPHIS, TENN., FORT Sec. 55. Agents. transferred or delivered by the commit­ tee or the joint trustees, pursuant to this SMITH, ARK., AND CENTRAL AR­ The Secretary may, by a designation section, shall be subject to the same ob­ KANSAS MARKETING AREAS in writing, name any person, including ligations imposed upon the members of any officer or employee of the United said committee and upon said joint tice of H e a rin g on Propos States Government, or name any serv­ trustees. Amendments to Tentative Mar ice, division or branch in the U.S. D e­ ng Agreements and Orders partment of Agriculture, to act as his Sec. 59. Effect of termination or amend­ ment. agent or representative in connection 'ursuant to the provisions of th® with any of the provisions of this agree­ Unless otherwise expressly provided by ;ural Marketing Agreement Act > ment. the Secretary, the termination of this 7, as amended (7 U.S.C. 601et. eq^ agreement or of any regulation issued L the applicable rules of P ™ ^ ® * 0f Sec. 56. Effective time. pursuant thereto, or the issuance of any cedure governing ^ ^ “^keting The provisions of this agreement, as amendment to either thereof, shall not rketing agreements and m. well as any amendments, shall become (a) affect or waive any right, duty, obli­ ers (7 CFR Part 900), noticeishere oy effective at such time as the Secretary gation, or liability which shall have arisen in of a public hearing to b t may declare, and shall continue in force or which may thereafter arise in connec­ Chisca Hotel, 272 SouthMainStre^ until terminated or suspended in one tion with any provisions of this agree­ of the ways specified in section 57. ment or any regulation issued there­ Wednesday, M a y 12, 1965 FEDERAL REGISTER 6535

Grady-Tanning Hotel, Main and Marit­ § 1097.10 Handler. or flavored milk drinks, sweet and sour cream (except aerated cream and ain Streets, Little Rock, Ark., beginning “H andler” means: at 10 a.m., local time, on M ay 24, 1965, (a) Any person in his capacity as the sterilized products packaged in hermeti­ with respect to proposed amendments to operator of one or more fluid milk plants. cally sealed containers not labeled as Grade A ); and any mixture in fluid form the tentative marketing agreements and * * * * * to the orders, regulating the handling of of milk, skim milk, and cream except milk in the Memphis, Port Smith, and (c) Any cooperative association withmixes for frozen dairy products. Egg central Arkansas marketing area. respect to the milk of its member-pro­ nog and sour cream mixtures to which The public hearing is for the purpose ducers which it causes to be delivered cheese or any food substance other than of receiving evidence with respect to the directly from the farm to the fluid milk a milk product has been added shall be economic and marketing conditions plant(s) of another handler in a bulk considered as fluid milk products only which relate to the proposed amend­ tank truck owned and operated by, or if disposed of under a Grade A label. under contract to, or under control of, ments, hereinafter set forth, and any Proposal No. 8. Revise § 1097.39 “R e­ appropriate modifications thereof, to the such cooperative association, if the co­ operative association requests of the ports of receipts and utilization” to read tentative marketing agreements and to as follows: the orders. market administrator, and notifies the The proposed amendments, set forth market administrator and the handler to § 1097.30 Reports o f receipts and uti­ below, have not received the approval of whom the milk is delivered, in writing, lization. the Secretary of Agriculture. that it wishes to become the handler for By mailing on or before the 6th day, such milk. The cooperative association or by delivery not later than the 7th day M e m p h is O rder shall be considered the handler for such after the end of such month, each han­ Proposed by M id-South Milk Producers bulk tank milk, effective the first day of dler (except a producer-handler) for Association: the month following receipt of such re­ each of hjs41uid milk plants and any co­ Proposal No. 1. Revise § 1097.7 “Fluid quest and notice, and shall account for operative association with respect to milk the actual receipts from each producer milk plant” to read as follows: for which it is a handler pursuant to as determined at the farm at prices ap­ § 1097.10 (b ) or (c), shall report for such § 1097.7 F lu id m i lk p la n t . plicable to receipts from producers at month to the market administrator in plants to which the cooperative associa­ “Fluid milk plant” m eans: detail and on forms prescribed by the tion delivers the milk. The cooperative (a) Any milk processing or packaging market administrator the following: association, once it becomes the handler plant from which a volume of Class I for such bulk tank milk, shall remain * * * * * milk equal to an average of 1,000 pounds Proposal No. 9. Revise § 1097.31(b) or more per day, or not less than 5.0 per­ the handler for such bulk tank milk from ( 2) to read as follows : cent of the Class I milk of such plant is month to month until the cooperative disposed of during the month on routes association requests of the market ad­ §1097.31 Other reports. (including routes operated by vendors) ministrator that such status be discon­ * * * * * or through plant stores to retail or tinued. The change in status of a co­ operative association in regard to being (b ) * * * wholesale outlets (except other fluid (2) By mailing on or before the 6th milk plants) located in the marketing a handler pursuant to this section will area; be with the approval of the market day, or by delivery not later than the 7th day after the end of such month, (b) Any plant from which during the administrator. * * * month Grade A milk, skim milk, or the Proposal No. 5. Revise § 1097.11 “Pro­ * * * * * milk equivalent in the form of cream in ducer” to read as follows: excess of 70,000 pounds (bulk or pack­ Proposal No. 10. Revise § 1097.42(b) aged fluid milk products) is moved to and § 1097.11 Producer. ( 1) and (2 ) to read as follows; received at a plant (s) described pursuant “Producer” means a dairy farmer (ex­ § 1097.42 Shrinkage. to paragraph (a) of this section and any cept a producer-handler or a dairy * * * * * . *'“e skim milk or butterf at contained farmer who during the current month (b) For each handler prorate the re­ J5 such products would be allocated to qualifies as a producer under another tlass I pursuant to § 1097.46 if such plant sulting respective amounts between: Federal milk order) who produces milk were not a fluid milk plant. (1) The pounds of skim milk and in compliance with the Grade A inspec­ butterf at in other source milk received tion requirements of a duly constituted ftf^r.0î>0sa* 2. Delete the definitic in the form of bulk fluid milk products health authority, which milk is: a na P?r,°7ed plant” in § 1097.8, and ac exclusive of that specified in § 1097.41(b) a new § 1097.8 to read as follows: (a) Received at a fluid milk plant; or (5 ); and (b ) Diverted from a fluid milk plant to (2) Fifty times the maximum pounds § 1097.8 Route disposition. a nonfluid milk plant, except a milk plant of skim milk and butterfat pursuant to fully subject to the provisions of another § 1097.41(b) (5). Pn^ Ute/ ! sposition” means any deli1 Federal milk order issued pursuant to to toi! f fllîid milk Product frôm a plai the Act, for the account of the handler. Proposal No. 11. Revise § 1097.51(a) S tThS ? 16 or reta^ outlets (includii ( 1) to read as follows: by vendor, from a plar Milk so diverted shall be deemed to have been received by the diverting handler other tv trough a vending machin« § 1097.51 Class prices. at the location of the plant from which * * * * * A d d i w S M delivery to a milk plar it was diverted. shall h^ry ¿bfongh a distribution poii (a ) Class I milk. The price per S h t L ai nbuted t0 the Plant fro Proposal No. 6. Revise § 1097.13 hundredweight for Class I milk for the adistriW-ClaSS 1 milk is moved throug “Other source milk” to read as follows: month shall be the basic formula price o S S Z i T P0int t0 wholesale or rets to intermediate moveme: § 1097.13 Other source milk. - for the preceding month, plus $1.50 in w another milk plant. each of the months of March through “Other source milk” means all skim July and $1.91 in all other months; plus theflitrodÎiH-0' 3', Revise the language milk and butterf at contained in: or minus a supply-demand adjustment asfollows;UCt0ry text of § 10979 to res (a) Receipts during the month at a computed as follows: fluid milk plant in the form of fluid milk (11 Divide the total pounds of pro­ § 1097.9 Nonfluid milk plant. products except: ducer milk in the second and third ♦ $ ^ $ $ months preceding by the total gross plant” means S pounds of Class I milk (excluding inter­ pw ^tP^ng. processing or ps Proposal No. 7. Revise § 1097.16 “Fluid handler transfers) and multiply the re­ Piant other than a fluid milk pia milk product” to read as follows: sult by 100 and round to the nearest * * § 1097.16 Fluid milk product. whole number. The result shall be known as the “current utilization per­ ¿ ° t oto relrt0'read as \ follows: Revise § 1097.1 “Fluid milk product” means the fluid centage.” form of milk, skim milk, buttermilk, plain * * * * A 6536 PROPOSED RU IE MAKING

Proposed by Cedar Grove Dairy, Dean formula price for the preceding month tion of skim milk and butterfat at the Foods Co., Inc., Sealtest Foods, Division plus $1.74 in all months; plant, make reports to the market ad­ of National Dairy Products Corp., The * * * * * ministrator at such time and in such Southland Corp. and Turner’s Dairy Co.: manner as the market administrator may Proposal No. 12. A. Delete paragraph Proposed by Turner’s Dairy: Proposal No. 14. (a) Provide for a 9- require, in lieu of the reports required (a) of § 1097.51 and replace same with pursuant to § 1097.30, and allow verifi­ the following: cent location differential for plants lo­ cated 40 but less than 60 miles from the cation of such reports by the market administrator. § 1097.51 Class prices. City Hall in Memphis, Tenn., and add (a) Any plant qualified pursuant to (a ) Class I milk price. The price peran additional 1.5 cents for each addi­ § 1097.7 (a ) or (b), which would be sub­ hundredweight for Class I milk for the tional 10 miles; or ject to the classification and pricing pro­ month shall be the basic formula price (b) Provide a location differential of visions of another order unless the Sec­ for the preceding month, plus $1.78 dur­ 7.5 cents for plants located 40 but less retary determines that a greater volume ing the months of August, September, than 50 miles from the City Hall in Mem­ of Class I milk was disposed of from such October, and November; plus $1.58 during phis, with an additional 1.5 cents for each plant (in bulk or packaged form) to re­ the months of December, January, Feb­ additional 10 miles. tail or wholesale outlets, including fluid ruary, and July; and plus $1.38 during Proposed by Foremost Dairies, Inc.: milk plants, in the Memphis, Tenn., mar­ all other months. Proposal No. 15. Make such changes keting area than in the marketing area * * * * * as may be necessary, as a consequence of regulated pursuant to such other Fed­ B. Include in the Class I price provi­ any amendments that may result from eral order. this hearing, to make the Memphis and sion in § 1097.51(a), a proviso to read as Proposal No. 20. Revise § 1097.70(e) Central Arkansas market orders con­ follows: “Provided, That the Class I ( 1) and ( 2 ) to read as follows: price shall not exceed the price for Class form with respect to the Class I price, I milk of 3.5 percent butterfat content and the supply-demand adjustor provi­ § 1097.70 Net obligations of handler«. established for the same month or de­ sions. * * * * * livery period pursuant to Part 1062 of Proposal No. 16. Add the following (e) A dd the amount obtained from this chapter regulating the handling of paragraph to § 1097.12: multiplying the difference between the milk in the St. Louis, Mo., marketing Class II price for the preceding month § 1097.12 Producer milk. area, plus 42 cents.” and the Class I price for the current C. If the supply-demand Class I price ' * * * * * month by the lesser of : adjustment provision is not removed (d) Received directly from producers’ (1) The pounds of skim milk and but­ from the order: farms for its account by a cooperative terfat subtracted from Class I pursuant (a) Provide that the producer receipts association and diverted to a manufac­ to § 1097.46(a) (5) and the corresponding and thé Class I sales used in determining turing plant, other order plant or un­ step of (b) ; or the supply-demand Class I price adjust­ regulated plant. (2) The pounds of skim milk and but­ ment shall be limited to the producer terfat remaining in Class II (exclusive Proposal No. 17. Add the following receipts and the Class I sales of plants of shrinkage) after computations pur­ paragraph to § 1097.22: regulated by the Memphis, Tenn., Order suant to § 1097.46(a) (7) (i) and the No. 97. § 1097.22 Duties. corresponding step of (b) for the preced­ (b) Provide that the Class I price shall ing month. not be increased or decreased more than (o) Prepare and disseminate to the * * * * * 10 cents becauie of the supply-demahd public, statistics showing the milk that is Proposal No. 21. Revise § 1097.72 adjustment. received directly from producers’ farms “Computation of the uniform prices for (c) Make such provision in the order for its account by a cooperative associa­ base and excess milk for handlers” so as will require a full and complete re­ tion and diverted to a manufacturing as to provide for the proration of the porting, as producer milk, for use in the plant, other order plant or unregulated payment to two or more cooperatives supply portion of said supply-demand plant. who are handlers pursuant- to § 1097.10 adjustment, the production of producers (c) on the basis of the base and excess who deliver milk to handlers regulated Proposed by Mid-South Milk Produc­ milk of the supplying producers. ' by the Memphis Order No. 97. ers Association: Proposal No. 22. Revise § 1097.82 (d) Provide for the purposes of de­ Proposal No. 18. Revise § 1097.52 “Base rules” in its entirety to read as termining the supply-demand ratio, the “Butterfat differential to handlers” to follows: Class I quantity factor, which now repre­ read as follows: sents the total Class I sales of all han­ § 1097.82 Base rules. § 1097.52 Butterfat differential to han­ dlers regulated by the orders involved dlers. The following rules shall apply in con" in the supply-demand determination, nection with the establishment and as­ For milk containing more or less than shall be reduced by the amount of Class signment of bases: 3.5 percent butterfat, the class prices I utilization of the handlers allocated to (a ) Subject to the provisions of para­ calculated pursuant to § 1097.51 shall be other source milk regulated by another graph (b ) of this section, the marxei increased or decreased, respectively, for Federal order. administrator shall assign a base a each one-tenth percent butterfat at a Proposed by Avent Dairy : calculated pursuant to § 1097.80 to eac rate, rounded to the nearest one-twen­ person for whose account Proposal No. 13. Revise paragraph (a) £ producer mu tieth of à cent, determined as follows: was delivered during the months of oep- of § 1097.51 to read as follows: (a ) Class I price. Multiply the Chica­ tember through J anuary; ... § 1097.51 Class prices. go butter price for the previous month (b ) I f a producer ceases to deliver mu* by 0.12; * * * * « in his name between September l (b ) Class I I price. Multiply the Chi­ the last day of January, but; miiK i (a ) Class I milk price. The price per cago butter price for the month by 0.115. delivered to a handler from the hundredweight for Class I milk for the Proposal No. 19. Revised § 1097.61 dairy production facility in the nam month shall be the basic formula price “Plants subject to other Federal orders” another producer during the rema for the preceding month, plus $1.50 in to read as follows: of the base-forming period, the each of the months of March through earned by both producers shall be _ July and $1.91 in all other months: Pro­ § 1097.61 Plants subject to other Fed­ bined in the manner set forth in P eral orders. vided, That the price per hundredweight graph (c) (3) of this section if_ or Class I milk for the month received A plant specified in paragraph (a) of delivered in the names of both P™** g at a fluid milk plant located in the State this section shall be considered a non­ during any of the immediately fo of Mississippi and from which all Class fluid milk plant except that the operator months of March through JW. . I route disposition is made within the of such plant shall, with respect to the (c) An entire base shall be transferrea State of Mississippi shall be the basic total receipts and utilization or disposi­ from a person holding such ba Wednesday, M a y 12, 1965 FEDERAL REGISTER 6537 other person as of the end of the month health authority having jurisdiction in from this hearing, to make the Memphis during which an application for the the marketing area as eligible for dis­ and Central Arkansas market orders transfer of such base is received by the tribution under a Grade A label in a conform with respect to the Class I price, market administrator, such application volume not less than 50 percent of its and the supply-demand adjustor provi­ to be on forms approved by the market receipts of milk from approved dairy sions. administrator and signed by the base farm s: Provided, That any plant which * * * * Hr holder or his heirs and by the person qualified as a pool plant pursuant to this Proposal No. 26. Add the following to whom such base is to be transferred paragraph during each of the months of paragraph to § 1108.15: subject to the following conditions: August through February shall be desig­ (1) If a base is held jointly and such nated as a pool plant for the following § 1108.15 Producer milk. months of March through July, unless joint holding is terminated, the entire (c) Received .directly from producers’ the operator of such plant files with the base may be transferred to one of the farms for its account by a cooperative market administrator a written request joint holders; association and diverted to a manufac­ for withdrawal prior to the first day of (2) An entire base or the proportion­ turing plant, other order plant or non- the month for which nonpool status is ate share of a jointly held base may be regulated plant. transferred to another person if such requested, in which case the plant shall person assumes the ownership or opera­ remain a nonpool plant until* it again Proposal No. 27. Add the following tion of the farm on which the base to be qualifies for pool status. paragraph to"'§ 1108.27: transferred was established; and C. Delete the words ‘‘fluid milk plant” § 1108.27 Duties. (3) If one or more bases are trans­ wherever now appearing in the order and * * * * afe ferred to a producer already holding a replace same with the words “pool plant”. (0) Prepare and disseminate to the base which was either earned by such D. Delete the words “nonfluid milk producer or transferred to him, a new public, statistics showing the milk that plant” wherever now appearing in the is received directly from producers’ base shall be computed by adding to­ order and replace same with the words gether the total producer milk deliveries farms for its account by a cooperative “nonpool plant”. association and diverted to a manufac­ during the base-forming period of all E. Make provisions for the mainte­ persons in whose names such bases were turing plant, other order plant or non- nance of a “producer-settlement fund” regulated plant. earned and dividing the total by the total by the market administrator into which number of days in such period beginning the market administrator shall deposit Fort S m ith Order with the first day on which milk was the appropriate payments made by han­ Proposed by Foremost Dairies, Inc.: received during the base-form ing period dlers pursuant to §§ 1097.90 and 1097.95, from any of such persons, but not less Proposed No. 28. Add the following and payments by handlers operating paragraph to § 1102.11. than 120 days. partially regulated distributing plants, Proposed by Cedar Grove Dairy, Dean and out of which the market adminis­ § 1102.11 Producer milk. Poods Co., Inc., Sealtest Poods, Division trator shall make appropriate payments * * * * * of National Dairy Products Corp., The described pursuant to §§ 1097.91 and “Producer milk” shall also include Southland Corp. and Turner’s Dairy Co.: 1097.95. that milk received directly from pro­ Proposal No. 23. A. Replace the pres­ F. Provide appropriate provisions for ducers’ farm for its account by a co­ ent individual-handler type of pooling marketwide pooling with respect to al­ operative association and diverted to a with marketwide pooling, whereby all location, transfers, payments by par­ manufacturing plant, other order plant producers delivering milk to all handlers tially regulated distributing plants with or nonregulated plant. will be paid uniform prices for ;all milk respect to sales of Class I milk inside Proposal No. 29. Add the following so delivered, irrespective of the uses made the marketing area, and payments by paragraph to § 1102.22 : of such milk by the individual handler pool plants with respect to unregulated § 1102.22 Duties. to whom it is delivered, pursuant to 7 other source milk allocated to Class I. U.S.C. 608(c) (5) (B) (ii), Agricultural * * * * * C en tr a l A r k a n sa s O rder Marketing Agreement Act. (1) Prepare and disseminate to the i Detete the present §§ 1097.7 and Proposed by Foremost Dairies, Inc.: public, statistics showing the milk that UJ97.8 and replace with the following: Proposal No. 24. A. Delete paragraph is received directly from producers’ § 1097.7 Approved plant. (a) of § 1108.51 and replace with: farms for its account by a cooperative § 1108.51 Class prices. association and diverted to a manufac­ Approved plant”' means any milk turing plant, other order plant or non­ (a ) Class I milk price. The price per „,^c!ssinS or packaging plant from regulated plant. much anm g the month Grade A milk is hundredweight for Class I milk for the * * * * * a pool plant, or from which month shall be the basic formula price rmi+Li x prod™ts are distributed on for the preceding month, plus $1.78 dur­ Proposed by the Dairy Division, Con­ routes in the marketing area. ing the months of August, September, sumer and Marketing Service: October, and November; plus $1.58 dur­ §1097.8 Pool plant. Proposal No. 30. Make such changes ing the months of December, January, as may be necessary to make the entire means any approv February, and July; and plus $1.38 dur­ marketing agreements and the orders of thif,eC!fied m Parasraph (a) or (1 ing all other months. conform with any amendments thereto * . * * * that may result from this hearing. d u c i ! h S 0n’ except a plant of a Pr handler^odler of a plant for which B. If the supply-demand Class I price Copies of this notice of hearing and the aler is exempt pursuant to § 1097.f adjustment provision is not removed order may be procured from the Market month which during t] from the order: Administrator, Charles S. McDonald, Post Office Box 12266, Binghampton Sta­ or Dapirao-^q Products are process* Provide that for purposes of deter­ tion, Memphis, Tenn., 38112, or from the mining the supply-demand ratio, the tion ofka aSn ? ° m J hich (1) disp0£ Hearing Clerk, Room 112-A Administra­ at least ,^d Products on routes Class I quantity factor, which now rep­ tion Building, U.S. Department of Agri­ resents the total Class I sales of all han­ Grade A milt 6rCwt of total receiPts culture* Washington, D.C., 20250, or may dlers regulated by the orders involved distributed +2) duid milk Produc be there inspected. area are at^n r?Ptes ln the marketii in ‘the supply-demand determination, disposition^ i f a, -S Percent of its tot shall be reduced by the amount of Class Signed at Washington, D.C., on May 7, routes. °f fluid milk Products. < I utilization of the handlers allocated to 1965. other source milk regulated by another Clarence H. G irard, month^here fo/u0111 which during t] Federal order. Deputy Administrator, Ascribed in r S f been delivered to plan Proposal No. 25. Make such changes Regulatory Programs. fluid milk nrnrt grf ph (a) of this secti< as may be necessary, as a consequence [F.R. Doc. 65-5004; Filed, May H , 1965; * products approved by ai of any amendments that may result 8:47 a.m.j

's 6538 PROPOSED RULE MAKING

[ 7 CFR Part 1138 1 pool plant was priced at the location of price applicable at the bool plants at the pool plant. On the basis of the which their milk was normally delivered. [Docket No. AO-335-A4] promulgation record it was expected that It was under these circumstances that MILK IN RIO GRANDE VALLEY this provision would accommodate the the proponent cooperative proposed a MARKETING AREA relatively small quantities of milk that change in pricing milk diverted from pool might be diverted under the then current plants to nonpool plants located long dis­ Decision on Proposed Amendments marketing conditions. tances from the farms where the milk to Tentative Marketing Agreement The order was amended effective Au­ was produced. It was their proposal and to Order gust 1,1963, to provide that milk diverted that milk should be priced at the pool to a nonpool plant be priced at the loca­ plant from which diverted, unless the Pursuant to the proyisions of the Agri­ tion of such plant rather than at the pool location of the nonpool plant to which cultural Marketing Agreement Act of plant from which diverted. A supply of the milk is diverted is at least 200 miles 1937, as amended (7 U.S.C. 601 et seq.), milk in the State of Kansas, more than nearer to the county seat of the county and the applicable rules of practice and 600 miles away, had by then become in which the farm is located than is the procedure governing the formulation of associated with pool plants in the mar­ plant from which the milk was diverted. marketing agreements and marketing keting area. Location adjustments of In the latter case, the present policy of orders (7 C F R Part 900), a public hearing 60-75 cents per hundredweight applied pricing diverted milk at the location of was held at Albuquerque, N. Mex., on to this milk when it was received at pool the nonpool plant would be retained. March 31-April 1, 1965, pursuant to plants located in Kansas. However, This proposal was supported by an­ notice thereof issued on March 18, 1965 when milk moved directly from farms other cooperative Association with pro­ (30 F.R. 3781). in Kansas to pool plants located in the ducer members located in the Rio Grande Upon the basis of the evidence intro­ marketing area, producers received the Valley marketing area. No opposition duced at the hearing and the record blend price at the location of such pool testimony was received concerning this thereof, the Deputy Administrator on plant. M ilk diverted from such, a pool proposal. April 22, 1965 (30 P.R. 5851; P.R. Doc. plant was priced as if moved from the Marketing conditions in the Rio 65-4406), filed with the Hearing Clerk, farms in Kansas to the pool plant in the Grande Valley marketing area are U.S. Department of Agriculture, his rec­ marketing area. M ilk thus diverted pro­ unique. There are approximately 215 ommended decision containing notice of vided a “windfall” hauling allowance at producers with their farms located within the opportunity to file written exceptions the expense of the pool. The change in the marketing area. These producers thereto. the point of pricing diverted milk was in December 1964 represented 50 percent The material issues, findings and con­ made to remove any incentive for asso­ of the total number of producers and de­ clusions, rulings, and general findings of ciating this milk directly with a pool livered over 81 percent of the producer the recommended decision (30 P.R. 5851; plant in the marketing area solely for milk. When the milk from these farms, P.R. Doc. 65-4406) are hereby approved the purpose of pricing and then diverting located in the marketing area, must be and adopted and are set forth in full such milk to local manufacturing plants diverted from pool plants to nonpool herein: in Kansas. plants where the milk can be manufac­ The material issues on the record of On the basis of this record, it was tured into powder and condensed milk, the hearing relate to: shown that during the years 1963 and it must be shipped for the most part 400 1. Pricing of diverted milk; T964 milk was received at pool plants in to 800 miles. On the other hand, milk 2. A cooperative association as a han­ the marketing area directly from farms is received at pool plants located in the. dler of milk delivered in farm bulk tanks located in the States of Arizona, Colo­ marketing area directly from farms lo­ to pool plants; rado, Kansas, and Utah. These farms cated in the general vicinity of Erie, 3. The Class I price and location differ­ were located, 300 to 700 miles from the Kans., Pueblo, Colo., and Richfield, Utah. entials; pool plants where such milk was received. These farm s are approximately 300 to 700 4. A fall incentive or “Louisville” plan On occasion, some of the milk produced miles from the pool plants where the of payments to producers; on farms located a long distance from the milk is received. W hen the milk from 5. Payments to producers on a base and pool plant where normally received has these farm s heeds to be diverted, it is excess plan; and been diverted to manufacturing plants received at nonpool manufacturing 6. Miscellaneous and conforming located within relatively short distances plants within the vicinity of the farm changes. from the location of such farms. locations. While most of the producer This decision is concerned only with M ilk produced on farm s located within milk for the Rio Grande Valley market issues No. 1 and No. 2, which are of im­ the marketing area, however, has been is produced within the marketing area, mediate concern to interested parties. diverted from pool plants to nonpool twenty percent or more of such nnik No evidence was received pertaining to manufacturing plants located 400 to 800 comes from areas 300 to 700 miles away, proposals in the hearing notice to revise miles from the location of the farms with no substantial quantities of nauk the producer butterfat differentials and where produced. With the exception of available on a regular supply basis in toe modify the method of-classifying inven­ a few ice cream plants located within intervening area. ,. tory. Therefore no further action on the marketing area, there are no manu­ Under the present diverse marketing these matters will be taken. The re­ facturing facilities to which producer conditions some producers located a ions maining issues will be considered in a milk may be diverted. For example, dur­ distance from the marketing a,rea are separate decision at a later date. ing 1964 one cooperative association, with a position to have their milk diverte Findings and conclusions. The follow­ producer members located in the Rio manufacturing plants near to them w* ing findings and conclusions are con­ Grande Valley marketing area, diverted little or no extra transportation cosu fined to material issues No. 1 and No. 2 more than 27 million pounds of producer For these producers, the present P and are based on evidence presented at milk to nonpool plants located in Arkan­ sion of pricing diverted milk at tne the hearing and the record thereof: sas City, Kans., Chickasha, Okla., and cation of the nonpool man^actunng 1. Pricing of diverted milk. M ilk di­Johnstown, Colo. These manufacturing plant is appropriate. On theother . verted to a nonpool plant should be. plants are located approximately 400 to producers located within the ma priced at the location of the pool plant 800 miles from the farms where the milk area incur hauling costs from t from which diverted when the farm, on was produced. This cooperative diverted to nonpool manufacturing plants greaie which the milk is produced, is located nearly all the excess milk. Only minor than those to the pool plant. The Rio Grande Valley market! P within the marketing area; and at the quantities were diverted by other han­ haps unique with respect to location of the nonpool plant where re­ dlers. The cooperative association stated ceived when the farm , on which the milk graphical location of its milk s^\ £ , n 0f that the extra cost of hauling milk to the is produced, is located outside the mar­ pointed out above, a ,m^ 0Lrf within the keting area. nonpool plants, as compared to deliver­ the milk supply is produced w ^ _ marketing area and the remantte^ ^ A ll of the provisions of the Rio Grande ing to the pool plant at which normally Valley order became effective for the first received, amounted to nearly $129,000 duced at distances of 300J " j licer milh time oh July 1, 1962. The provisions of for the year 1964. At the same time, be­ from the marketing area. Fro . ^ the order at that time were such that cause of location differentials, producers at the distant locations may tQ the milk diverted from a pool plant to a non­ received $47,000 less than the uniform to nonpool plants relatively Wednesday, M a y 12, 1965 FEDERAL REGISTER 6539 farms where it is produced. The order and test of milk delivered by a coopera­ conditions thereof, will tend to effectu­ now provides that with respect to this tive association is determined by tank ate the declared policy of the Act; miiic it will be priced at the location of load lots, the shrinkage allowance should (b) The parity prices of milk as de­ the nonpool manufacturing plant when it be the same as on bulk tank lots from termined pursuant to section 2 of the is diverted. There was no proposal to other handlers (1.5 percent), and the co- Act are not reasonable in view of the change this. operative association as the receiving price of feeds, available supplies of feeds, The problem which needs to be dealt handler should have the remaining one- and other economic conditions which with is the location price to be applicable half percent as a shrinkage allowance. affect market supply and demand for to milk produced within the marketing The operator of the pool plant to which milk in the marketing area, and the m in­ area when it is diverted. Because of the the milk is delivered, continues, however, imum prices specified in the proposed extraordinary distances which this milk to be the handler upon whose utilization marketing agreement and the order, as must be transported in order to find a the classification of such milk depends. hereby proposed to be amended, are market as surplus milk, a modification In settling for milk i& receives in bulk such prices as will reflect the aforesaid should be adopted in the point ^p r ic in g tanks from a cooperative association factors, insure a sufficient quantity of so that the economic losses to producers handler, the pool plant handler should pure and wholesome milk, and be in the will be somewhat reduced when such pay the uniform producer price to the co­ public interest; and milk is diverted to the distant plants. operative association and make settle­ (c) The tentative marketing agree­ Accordingly, it is provided that with re­ ment for pool equalization with the m ar­ ment and the order, as hereby proposed spect to milk produced within the m ar­ ket administrator. A cooperative asso­ to be amended, will regulate the handling keting area and diverted to nonpool ciation, however, is responsible for pool of milk in the same manner as, and plants it will be priced at the location of equalization with the market administra­ will be applicable only to persons in the the plant from which diverted. Milk tor for any milk diverted for its account respective classes of industrial and com­ produced outside the marketing area to a nonpool plant ana for any differences mercial activity specified in, a market­ (and which may be marketed at nonpool between quantity of milk as determined ing agreement upon which a hearing has manufacturing plants at relatively near­ at the farm and the quantity delivered to been held. by locations) will continue to be priced each pool plant of another handler. This Rulings on exceptions. In arriving at on the basis of the location of the plant system has the merit that any adjust­ the findings and conclusions, and the to which it is diverted. This procedure ments found on audit of a handler’s rec­ regulatory provisions of this decision, simplifies and accommodates the revi­ ords will be made directly with such each of the exceptions received was care­ sion proposed by producers. handler. fully and fully considered in conjunction 2. Cooperative association as a han­ For the purpose of location adjust­ with the record evidence pertaining dler of milk delivered in farm bulk tanks ments to producers, milk for which a co­ thereto. To the extent that the findings to pool plants. A cooperative association operative association is the handler and conclusions, and the regulatory pro­ should be permitted to be a handler with should be considered to have been re­ visions of this decision are at variance respect to milk delivered from a farm to ceived from producers by the cooperative with any of the exceptions, such excep­ a pool plant in a tank truck owned and association at the location of the pool tions are hereby overruled for the rea­ operated by or under contract to such plant to which it is delivered. sons previously stated in this decision. association. Enabling a cooperative to be a handler Marketing agreement and order. A n ­ Under the current arrangements for on its member-producers’ bulk tank milk nexed hereto and made a part hereof are marketing the milk of producers using will afford a more satisfactory basis of two documents entitled respectively, farm bulk tanks, the amount of milk de­ accounting for such milk and will pro­ “Marketing Agreement Regulating the livered by any such producer and the vide added flexibility to a cooperative as­ Handling of Milk in the Rio Grande butterfat tests thereof, can be deter­ sociation in allocating its members’ bulk Valley Marketing Area”, and “Order mined only by measurement at the tank milk among handlers at any time Amending the Order Regulating the T?? and ffom butterfat samples taken such flexibility is needed. The pool Handling of Milk in the Rio Grande at the farm. After milk has been pumped plant operator, however, would continue Valley Marketing Area”, which have been mto the tank truck and commingled to be responsible to the producer-settle­ decided upon as the detailed and ap­ with the milk of other producers there ment fund and for the administrative propriate means of effectuating the fore­ is no further opportunity to measure, assessment on such milk. going conclusions. sample, or reject the milk of an individ­ Rulings on proposed findings and con­ It is hereby ordered. That all of this ual producer except as the operator of clusions. Briefs and proposed findings decision, except the attached marketing me pool plant measures, samples, and and conclusions .were filed on behalf-of agreement, be published in the Federal accepts or rejects the entire load of milk, certain interested parties. These briefs, Register. The regulatory provisions of ^ank assembly routes are op- proposed findings and conclusions and said marketing agreement are identical ate'“.ky or under the control of a co- the evidence in the record were consid­ with those contained in the order as ve association, the association de- ered in making the findings and conclu­ hereby proposed to be amended by the S mes,the wantity of milk received sions set forth above. To the extent that attached order which will be published uom each producer, and takes the sam - the suggested findings and conclusions with this decision. to determine the butterfat test filed by interested parties are inconsistent Determination of representative peri­ mtivo p e e r ’s milk. Since a coop- with the findings and conclusions set od. The month of February 1965 is thp w ?Qntrols. the determination of forth herein, the requests to make such hereby determined to be the representa­ iUhnnifu^ ?nd butterfat of such milk, findings or reach such conclusions are tive period for the purpose of ascertain­ in? to bcld responsible for account- denied for the reasons previously stated ing whether the issuance of the attached terfato^?00! for the Quantities and but- in this decision. order, as amended and as hereby pro­ tivooc °ut®nt of such milk. A coopera- General findings. The findings and posed to be amended, regulating the prior nntifiti0? should be required to give determinations hereinafter set forth are handling of milk in the Rio Grande Val­ supplementary and in addition to the istratnr Qlfi5a.^on t ° the market adm in- ley marketing area, is approved or findings and determinations previously /the ' receiving handler when favored by producers, as defined under sponSo JfU°ii intends to be the re- made in connection with the issuance of if tv.6 handler for these functions. the aforesaid order and of. the previously the terms of the order, as amended and as hereby proposed to be amended, and milk fir „ i^ dler receiving bulk tank -issued amendihents thereto; and all of who, during such representative period, Is the ha a cooperative association said previous findings and determina­ tions are hereby ratified and affirmed, were engaged in the production of milk and t o S 6 accepts the farm weights 1 except insofar as such findings and de­ for sale within the aforesaid marketing for drtP1^ U-1 producer tests as the basis terminations may be inconflict with the area. « 4 rec?v^ nl the quantity and test of findings and determinations set forth full two norff ’ ^ sh o u ld be allowed the herein. Signed at Washington, D.C., on May aace p r S d tf ° laSS n .shrinkage allow- _ (a) The tentative marketing agree­ 7,1965. toilk. if on tv, t°r receipts of producer ment and the order, as hereby proposed G eorge L. M ehren, * the other hand, the quantity to be amended, and all of the terms and Assistant Secretary. No. 91------k ■ 6540 PROPOSED RULE MAKING

O rd er1 Amending the Order Regulating of this order, and are set forth in full this section, except that receipts in Grade the Handling of Milk in the Rio Grande herein: A milk shall be reported in lieu of those Valley Marketing Area 1. Section 1138.7(b) (4) is revised to in producer milk; and read as follows: § 1138.0 Findings and determinations. (c ) Each cooperative association shall § 1138.7 Producer. report with respect to milk for which it The findings and determinations here­ is a handler pursuant to either § 1138.9 * * * * * inafter set forth are supplementary and (b) or (c) as follows: in addition to the findings and determi­ (b ) * * * (1) Receipts of skim milk and butter­ nations previously made in connection (4) For the purposes of location ad­fat from producers; with the issuance of the aforesaid order justments pursuant to §§ 1138.52 and (2) Utilization of skim milk and but­ and of the previously issued amendments 1138.81, milk diverted to a nonpool plant terfat for which it Is the handler pur­ thereto; and all of said previous findings shall be considered to have been received suant to § 1138.9(b); and determinations are hereby ratified at the location of the pool plant from (3) The quantities delivered to each and affirmed, except insofar as such find­ which diverted when the farm on which pool plant of another handler pursuant ings and determinations may be in con­ the milk Is produced is located within the to § 1138.9(c) ; flict with the findings and determinations marketing area and at the location of (4) The name and number of days of set forth herein. the nonpool plant where received when delivery, with the address of any pro­ (a ) Findings upon the basis of the the farm on which the milk is produced ducer not previously reported, the total hearing record. Pursuant to the pro­ is located outside the marketing area. pounds of milk and the pounds of butter­ visions of the Agricultural Marketing 2. In § 1138.9, a new paragraph (c) is fat received from each producer; and Agreement Act of 1937,- as amended (7 added to read as follows: (5) Such other information as the U.S.C. 601 et seq.), and the applicable market administrator may require. rules of practice and procedure govern­ § 1138.9 Handler. 4. In § 1138.41, paragraph (b) (7) is ing the formulation of marketing agree­ $ * * * * revised to read as follows: ments and marketing orders (7 C FR Part (c) A cooperative association with 900), a public hearing was held upon § 1138.41 Classes o f utilization. respect to the milk of its member pro­ * $ * * certain proposed amendments to the ducers which is received from the farm tentative marketing agreement and to for delivery to the pool plant of another (b ) * * * the order regulating the handling of milk handler in a tank truck owned and oper­ (7) In shrinkage allocated to receipts in the Rio Grande Valley marketing area. ated by or under contract to such cooper­ of skim milk and butterfat pursuant to Upon the basis of the evidence intro­ ative association, if the cooperative asso­ § 1138.42(b) (1) but not in excess of: duced at such hearing and the record ciation notified the market administrator (i) 2 percent of receipts of milk re­ thereof, it is found that; * and the operator of the pool plant to ceived directly from producers; plus ( 1 ) The said order as hereby amended, whom the milk is delivered, in writing (ii) 1.5 percent of receipts from a co-. and all of the terms and conditions prior to the first day of the month in operative association in its capacity as a thereof, will tend to effectuate the de­ which the milk is delivered, that it elects handler pursuant to § 1138.9(c), except clared policy of the Act; to be a handler for such milk. For pur­ that if the handler operating the pool plant notifies the market administrator (2) The parity! prices of milk, as de­ poses of location adjustments to pro­ termined pursuant to section 2 of the ducers such milk is considered to have that he is purchasing such milk on the basis of farm weights determined from Act, are not reasonable in view of the been received from producers by the co­ farm bulk tank calibrations and individ­ price of feeds, available supplies of feeds, operative association at the location of ual producer tests, the applicable per­ and other economic conditions which the pool plant to which it is delivered. affect market supply and demand for centage shall be 2 percent; plus milk in the said marketing' area, and 3. Section 1138.30 is revised to read (iii) 1.5 percent of receipts of milk the minimum prices specified in the or­ as follows: received in bulk tank lots from other der as hereby amended, are such prices § 1138.30 Reports of receipts and utili­ >ol plants; plus as will reflect the aforesaid factors, in­ zation. (iv) 1.5 percent of receipts of fluia sure a sufficient quantity of pure and ilk products in bulk tank lots from an On dr before the eighth day after the wholesome milk, and be in the public her order plant, exclusive of the quan- end of each month, the following han­ interest; and fcy for which Class II utilization was dlers shall report to the market adminis­ (3) The said order as hereby amended, ¡quested by the operator of such plant trator in the detail and on forms pre­ regulates the handling of milk in. the id the handler; plus scribed by the market administrator for same manner as, and is applicable only (v) 1.5 percent of receipts of fluid milk each plant as follows: to persons in the respective classes of ’oducts in bulk tank lots from unre®P’ (a) Each handler who operates pool industrial or commercial activity speci­ ted supply plants, exclusive of tne plant(s) shall report: fied in, a marketing agreement upon îantity for which Class II utilization (1) The receipts of producer milk, the which a hearing has been held. as requested by the handler; less average butterfat test, and the pounds of (vi) 1.5 percent of milk disposed ot Order relative to handling. It is there­ butterfat contained therein; ilk tank lots to pool plants (when tne fore ordered, that on and after the effec­ (2) The quantities of skim milk and cceptions specified in subdivision tive date hereof, the handling of milk in butterfat contained in fluid milk prod­ | this subparagraph applies, the app the Rio Grande Valley marketing area ucts received from other handlers; ible percentage shall be two perce shall be in conformity to and in com­ (3) The quantities of skim milk and * pliance with the terms and conditions of butterfat contained in receipts of other 5. In § 1138.43, a new (c) is the aforesaid order, as amended and as source milk; paragraph ided to read as follows: hereby amended, as follows: (4) The pounds of skim milk and but­ The provisions of the proposed mar­ terfat contained in all fluid milk products 1138.43 Responsibility of handers keting agreement and order amending onshand at the beginning and at the end and reclassification o f milk. • * * the order contained in the recommended of the month; decision issued by the Deputy Adminis­ (5) The utilization of all skim milk (c) For the purposes of §§//A g4 trator, on April 22, 1965, and published and butterfat required to be reported trough 1138.46,1138.50 throug in the Federal R egister on April 27, pursuant to this section; id 1138.70 through 1138.72, milk de ^ 1965 (30 F.R.^5851; F.R. Doc. 65-4406), (6) The disposition of fluid milk prod­ ■ed by a cooperative^ associa on to shall be and are the terms and provisions ucts in the marketing area on routes; and ipacity as a handler Ph (7) Such other information with re­ 1138.9(c) shall be classified anii t 1 This order shall not become effective un­ spect to receipts and utilization as the ited as producer milk han- less and until the requirements of § 900.14 market administrator may prescribe; se or disposition by the rec prices of the rules of practice and procedure gov­ er and the value thereof at . ban­ erning proceedings to formulate marketing (b) Each handler who operates a par­ agreements and marketing orders have been tially regulated distributing plant shall ian be included in the rec t +0 met. report as required in paragraph (a) of Wednesday, M ay 12, 1965 FEDERAL REGISTER 6541

§ 1138.70. For purposes of location ad­ eign aircraft. This notice was published at 100 feet was required for satisfactory justments pursuant to § 1138.52 and ad­ in the F ederal R egister on December 23, operation of their Radar Eye equipment. ministrative e x p e n s e pursuant to 1964 (29 F.R. 18232), and indicated that ADT reported that at least one half volt § 1138.88, such milk shall be treated as the Agency would consider all comments per meter at 100 feet was required for producer milk of the receiving handler.' received by February 22, 1965. It has operation at 22,125 Mc/s. ADT also pro­ 6. In § 1138.70, the introductory text is come to the Agency’s attention that some posed that the out-of-band radiation revised to read as follows: foreign carriers, who did not receive a limit be relaxed on harmonics, of the copy of this notice through the Agency’s operating frequency. § 1138.70 Compulation of the net pool normal distribution, desire to make com­ 4. The Commission is now proposing obligation o f e a c h p o o l h a n d le r . ments on this proposal. Accordingly, that the radiation limit be increased to The net pool obligation of each pool the Agency has determined that it is in one volt per meter at a distance of 100 handler for each pool plant and of each the public interest to reopen the com­ feet within the permitted bands and is cooperative association in its capacity as ment period on this notice until May 31, adding a power limit: one-half watt of a handler pursuant to § 1138.9 (b ) or (c) 1965, to give all interested parties addi­ RF power into the antenna. In line during each month shall be a sum of tional time to comment. All communi­ with ADT’s suggestion, the radiation money computed by the market admin­ cations received by that date will be con­ limit on harmonics would be 500 ¡xv/m at istrator as follows : sidered by the Administrator before 100 feet. A limit of 100 ¡xv/m at 100 feet * * * * * taking action on the proposed rule. would apply to all other out-of-band 7. In § 1138.80, the introductory text is Communications should identify the reg­ radiation. revised and a new paragraph (e) is added ulatory docket or notice number and be 5. Sylvania requested that frequencies to read as follows: . i submitted in duplicate to the Federal in the 1800 Mc/s band be authorized for Aviation Agency, Office of the General intruder alarms. A system operating on § 1138.80 Payment to producers. Counsel, Attention: Rules Docket, 800 In ­ these frequencies has been designed by Except as provided in paragraphs (c) dependence Ave S.W., Washington, D.Ç., Sylvania and is in use by the Govern­ and (e) of this section, each handler, 20553. All comments submitted will be ment. Sylvania reported that the chief except a cooperative association, shall available, both before and after the clos­ problem in shifting operation of their make payment to each producer from ing date for comments, in the Rules system up to 2450 Mc/s was the present whom milk is received as specified in Docket for examination by interested lack of a satisfactory oscillator tube. paragraphs (a) and (b) of this section: persons. However, they expected that “a suitable oscillator can and will be developed” if ♦ * * * * Issued in Washington, D.C., on May 2450 Mc/s were made available for in­ (e) Each handler who receives milk for10,1965. truder alarm use. Under these circum­ G. S. M oore, which a cooperative association is the stances, the Commission does not believe Director, Flight Standards Service. handler pursuant to § 1138.9(c), shall, that granting Sylvania’s request will be on or before the second day prior to the [F.R. Doc. 65-5048; Piled, May 11, 1965; in the public interest. date payments are due individual pro­ 8:48 a.m.] 6. Pinkerton Electro-Security Corp., ducers, pay such cooperative association the successor to one of the original pe­ for such milk as follows: titioners in this proceeding, is continuing (1) An advance payment for milk re- to produce the Radar-Eye equipment -ceived during the first 15 days of the FEDERAL COMMUNICATIONS which operates on a frequency of 401 month at the rate specified in paragraph, (a) of this section; and Mc/s and requests inclusion of this fre­ COMMISSION quency in the new rules. Pinkerton (2) In making final settlement, the pointed out a number of factors which value of such milk at the applicable uni­ E 47 CFR Part 15 3 would be to their disadvantage if the R a­ form price, less the amount of advance payment made on such milk. [Docket No. 13863; FCC 65-363] dar-Eye must be redesigned to operate on a higher frequency. However, Pinker­ 8. In § 1138.84, paragraph (a ) is re­ USE OF RADIO FREQUENCY OPER­ ton’s investment in the Radar-Eye was vised to read as follows: ATED INTRUDER ALARMS made despite the knowledge that the sys­ tem could not be operated in compliance §1138.84 Payments to the producer- Second Notice of Proposed Rule settlement fund. with the FCC Rules and Regulations. Making The requested frequency is in a band designated for meteorological aids and (a) The sum o f:. In the matter of amendment of Part 15 of the Commission’s rules to add regula­ space communications. The Commis­ nni!* " P i *'°*'a* nel' Pool obligati tions governing the use of radio fre- sion believes that the public interest computed pursuant to § 1138.70 for si would not be served by permitting these handler; and quéncy operated intruder alarms, Docket No. 13863, RM-64, RM-153. frequencies to be used for nonlicensed l i f t ? ?ase a cooperative asso 1. On June 20, 1963, the Commission devices in the hands of the general amnm^!cil P a handler, the minimi issued a notice of proposed rule making public. anfSf* from other handlers pun ant to § 1138.80(e); to amend Part 15 of the rules to add reg­ 7. The Commission is proposing to add ulations governing the use of radio fre­ a fourth frequency band, 10,525±25 Mc/s, to the three proposed in the origi­ 1P R. Doc. quency operated intruder alarms. (28 65-4976; Piled, May 11, F.R. 6567, June 26,1963.) nal notice. The permitted bands would 8:46 a.m.] 2. Comments were received-from Noti- also be wider than in the original pro­ fier Corp., Sylvania Electric Products, posal in line with the suggestion in sev­ Inc., Pinkerton Electro-Security Corp., eral comments. The following four fre­ FEDERAL aviation agency American District Telegraph Co. (A D T ), quency bands are proposed for use by in­ and Babcock Electronics Corp. All of truder alarms using an unmodulated continuous carrier (AO emission) :. 114 CFR Ports 91, 129/L these are manufacturers who now pro­ duce an intruder alarm or who propose 905-925 Mc/s (915 ±10 M c/s). : IReg. Docket No. 6395; Notice 64-53A] to market such a systefti as soon as rules 2,425-2,475 Mc/s (2,450±25 Mc/s) are adopted. 10,500-10,550 Mc/s (10,525±25 Mc/s). EQ Si>pRMNpl,TDlSJ A N C E MEASURIN 22,025-22,225 Mc/s (22,125 ±100 M c/s). tQuIPMENT; FOREIGN AIRCRAF 3. Sylvania, Pinkerton, and ADT com­ mented that the proposed radiation limit 8. ADT expressed concern that in­ Reopening of Time for Public of 500 microvolts per meter (¿tv/m> at truder alarm systems presently operating Comment 100 feet was far below the level required below 70 Mc/s in compliance with the for reliable operation. Sylvania reported limitations in Part 15 would be outlawed A «aa0i C.ember 1964, thewit; J? e*ut that the bi-static system they manufac­ by the proposed rules. The Commission n J rron Agency issued a* notice of p ture for military use required one to has no such intention and is including a m i?akl-ng to reQuire airbo three volts per meter at 100 feet. Pink­ provision in the current proposal to per­ measuring equipment on f erton reported that a limit of 50,000 uv/m mit operation of intruder alarms on fre- 6542 PROPOSED RULE MAKING quencies below 9Q5 Mc/s subject to the Subpart F— Intruder Alarms of this subpart has been filed with the limitations contained in § 15.7. Sec. Commission. 9. Comments regarding the Commis­ 15.271 General conditions of operation. (b ) The certificate required by this sion’s proposal to require type approval 15.273 Frequencies of operation. subpart may be executed by the owner 15.275 Radiation limits above 905 Mc/s. ranged from Sylvania’s suggestion that or by the manufacturer of the equipment. 15.277 Power. licensed operation would probably be re­ 15.278 Type of emission. § 15.282 Content of the intruder alarm quired, to ADT’s request for waiver of 15.281 Certification of intruder alarms. certificate. type approval for equipment installed 15.282 Content of the intruder alarm and maintained by the manufacturer or certificate. (a) The manufacturer, model, and his agent and not sold to the public. 15.283 Report of measurements of intruder serial number, or other positive identi­ Pinkerton requested that the prohibition alarm. fication of the intruder alarm. against changes in type approved equip­ 15.285 Identification of certificated intruder (b) The conditions under which the ment apply only to the ÏÎF section of in­ alarms. equipment shall be operated. 15.288 Interference from intruder alarms. truder alarms. (c) The antenna to be used with the 10. The Commission has reconsidered § 15.271 General conditions o f opera­ device. the proposal for type approval and is tion. (d ) The report of measurements pur-,, suant to § 15.283. proposing instead that the equipment be (a) No intruder alarm manufactured (e) A statement certifying that under certificated by the user or the manufac­ a f t e r ______: shall be operated on fre­ the described conditions of operation and turer as capable of operation in com­ quencies above 905 Mc/s until a certifi- / normal maintenance, the certificated in­ pliance with Part 15 based'on compre­ cate attesting compliance with the tech­ truder alarm may reasonably be expected hensive measurements. A copy of the nical requirements of this subpart has to meet the requirements of this subpart. certificate together with the measured been filed with the Commission as pro­ (f) I f filed by the manufacturer, a data would have to be submitted to the vided in § 15.281. copy of the installation and operating Commission prior to operation of the (b) An intruder alarm may be oper­ equipment. The proposed rules also instructions provided to the user. These ated on frequencies below 905 Mc/s sub­ instructions should be in sufficient detail provide for prototype certification by ject to the provisions of § 15.7 the manufacturer. to insure that operation will comply with 11. This proposal to amend the Com­ § 15.273 Frequencies o f operation. the technical requirements of this sub­ part. mission’s rules is issued under the au­ An intruder alarm may be operated (g ) If filed by the manufacturer, a thority of sections 4(i), 303(g), and 303 within one of the frequency bands listed statement certifying that production will (r) of the Communications Act of 1934, below subject to the limitations in be adequately controlled to insure that as amended. §§ 15.275-15.278: 12. Comments in support of or in op­ all units produced are capable of operat­ 905-925 Mc/s (915 ±10 M c/s). position to the proposed amendment may ing in compliance with the technical re­ 2,425-2,475 Mc/s (2,450±25 M c/s). quirements of this subpart. be filed on or before June 15, 1965. Re­ 10,500-10,550 Mc/s (10,525 ±25 Mc/s) .- ply comments may be filed on or before 22,025-22,225 Mc/s (22,125±100 M c/s). - (h ) Date of certificate. June 30, 1965. All relevant and timely (i) Signature. If filed by the manu­ N o te: The Commission recommends that facturer, the certificate shall be signed comments and reply comments will be the carrier frequency be set within the cen­ considered by the Commission before by a responsible official authorized to sign tral 50 percent of the band to reduce the pos­ for the manufacturer and shall show his final action is taken in this proceeding. sibility of out-of-band radiation. In reaching its decision in this proceed­ title. § 15.275 Radiation limits above 905 ing, the Commission may also take into § 15.283 Report of measurements of in­ Mc/s. account other relevant information be­ truder alarm. fore it, in addition to the specific com­ (a) The radiation of radio frequency The report of measurements may be ments invited by this Notice. -energy on the fundamental frequency prepared by any engineer skilled in mak- shall be limited to a field strength of one 13. In accordance with the provisions .ng and interpreting the measurements volt per meter at any point 100 feet or of § 1.419 of the Commission’s rules, an :hat are required and shall contain the original and 14 copies of all statements, more from the device. following information: (b) The radiation on harmonics of the briefs, or comments filed shall be fur­ (a) Identification of the intruder nished the Federal Communications fundamental frequency shall be sup­ alarm that was measured. pressed at least 60 db below the level at Commission. (b ) A list of the measuring equipment the fundamental frequency, and in no used, including model and serial num- Adopted: M ay 5,1965. event shall harmonic radiation exceed a oers and the date when last calibrated. field strength of 500 uv/m at any point Released: M ay 6,1965. (c ) A brief description of the measure­ 100 feet or more from the device. F ederal C ommunications ment procedure used. . (c) Other spurious radiations shall be (d ) A report of the measurements ob­ C o m m is s io n ,1 . suppressed at least 80 db below the level tained on fundamental, harm onic a [ s e a l] B e n F. W a p l e , at the fundamental frequency, and in no Secretary. other spurious frequencies. , event shall such • spurious radiation ex­ (e) Representative calculations Part 15 is amended as follows: ceed a field strength of 100 uv/m at any in computing equivalent field stre g point 100 feet or more from the device. 1. Section 15.4 is amended by adding showing typical examples of each I a new paragraph (j) to read as follows: § 15.277 Power. used for each measurement. (f) The date the measurements were § 15.4 Definitions. The radio frequency power into the an­ tenna on the fundamental frequency of made. , .i,. an- $ * * ~ ❖ * (g ) The name and address of tne any intruder alarm operating above 905 gineer who made the measurements an (j) Intruder alarm. A restricted ra­ Mc/s, shall not exceed one-half watt. diation device which establishes a radio the name and address of his e P frequency field in its vicinity for the § 15.278 Type o f emission. (h i The signature of the engineer re purpose of detecting changes in that field Emissions from any intruder alarm op­ resulting from the movement of persons erating above 905 Mc/s shall be limited sponsible for the report. or objects within the radio frequency to an unmodulated carrier (A O ). § 15.285 Identification of certificat field. § 15.281 Certification o f intruder alarms. intruder alarms. 2. A new Subpart F (§§ 15.271-15.288) is added to read as follows : (a) No intruder alarm manufactured (a ) Each certificated ^ S v^ e a l a ft e r______may be operated on frequen­ shah be identified by a distinctive * ^ or label, which may be a part of the na 4 Commissioners Bartley and Loevinger cies above 905 Mc/s until a certificate absent. attesting compliance with the provisions Wednesday, M ay 12, 1965 FEDERAL REGISTER 6543

(b) The seal or label shall state that a sought the addition of a Class A channel comments on the proposed changes as certificate has been filed with the Com-., to a community presently having no FM follows : mission attesting compliance with the re­ assignment, without requiring any other quirements of this subpart. changes in the- table. All are of sub­ Channel No. (c) The seal or label shall state fur­ stantial size (with the exception of New C ity ther: . - . , Albany, Ohio), and appear to warrant Present Proposed “Operation of this equipment is sub­ the proposed assignments. Comments ject to the condition that no harmful are therefore invited on the additions to 244A 243 interference is caused and that any in­ the table listed below: Fairmont, W . Va ...... 261A 285A 240A 261A terference received, including interfer­ Keyser, W.,Va ______ence which causes undesired operation of Channel No. this equipment, must be accepted.” C ity 5. RM-736. Aiken, S.C. On February (d) The seal or label shall be per­ Present Proposed 25, 1965, Soundcasting, Inc., applicant manently attached to the equipment and for a new FM station in Aiken, S.C., filed shall be readily visible for inspection by 224A a petition requesting the assignment of prospective purchasers. 257A Channel 240A to Aiken in addition to the ï 292A present assignment, Channel 257A by (e) This identifying seal or label may 280A be attached only after the certificate for substituting Channel 221A for Channel the equipment has been filed with the 240A at Louisville, Ga. There is no ap­ 1 A site for the use of this assignment would have to he Commission pursuant to § 15.281. selected approximately 2 miles out of the city to meet the plication on file for Channel 240A at required separation rules. Louisville. Aiken, with a population of § 15.288 Interference from intruder 11,243, is the county seat of Aiken alarms. 3. RM—731. Oakland (Western), Md. On February 18, 1965, Oakland Radio County, which has a population of 81,038 The operator of an intruder alarm Station Corp., licensee of Station W M SG persons. It has two daytime-only AM which causes harmful interference to an (A M ), Oakland, Md., filed a petition re­ radio stations and has been assigned one authorized radio service shall promptly questing rule making to substitute Chan­ Class A assignment, Channel 257A. stop operating the device. Operation nel 243 for 244A in Oakland by making There are two applications on file for this shall not be resumed until the condition assignment but these have not yet been causing the harmful interference has other necessary changes in the table as follows: designated for a comparative hearing. been eliminated. See § 15.3. Petitioner urges that the proposal would [F.R. Doc. 65-5007; Filed, May 11, 1965; eliminate a lengthy comparative hearing, Channel No. 8:48 a.m.] C ity provide competitive FM service at the earliest possible date, and would comply • Present Proposed with all the mileage requirements of the i 47 CFR Part 73 1 rules. Oakland, M d . . ______244A 243 6. The Commission believes that Aiken [Docket No. 16006; FCC 65-386] Fairmont. W . Va ______;_____ 261A 285A Keyser, W . V a ______T 240A 261A may be large and important enough to TABLE OF ASSIGNMENTS; FM warrant the assignment of, two FM as­ BROADCAST STATIONS Oakland, a community of 1,977 per­ signments and is inviting comments on sons, is the largest community and coun­ the petitioner’s proposal as follows: Notice of Proposed Rule Making ty seat of Garrett County, which has a In the matter of amendment of § 73.' population of 20,420 persons. W M SG is Channel No. 202, Table of Assignments, FM Broad• the only station in the county and oper­ C ity cast Stations (New Albany, Ohio, Deca ates daytime-only. Petitioner submits Present Proposed tor, Ind., Elizabethton, Tenn,, Oceai that Oakland is the established trading city, N.J., Oakland (Western) Md., P a ir ^center, not only for Garrett County, but 267A 240A, 267A mont and Keyser, W. Va., Aiken, S.C., an< adjoining Preston and Tucker Counties 240A - 221A Louisville, Ga., Copperhill, Clinton, Day in West Virginia and has the largest ton, and Oak Ridge, Tenn., W inter Pari business district in the area. It urges 7. RM-675. Copperhill, Tenn., and and Leesburg, Fla., Crossville and Athens that only a Class B channel could serve RM-745. Clinton, Tenn. These two S ’ and Tucson, A riz.), Docket No this area because of its size (Garrett cases are related and so will be considered i!S0l RM' 694, RM-739, RM-740, RM- County comprises 662 square miles) and together. On October 26, 1964, Copper ni?; S i " 731' r M-750, RM-736, RM-675 rugged mountainous terrain. Only a Basin Broadcasting Co., Inc., licensee of RM-745, RM-693, RM-751. Class B station, it contends, could be eco­ Station W LSB(AM ), Copperhill, Tenn., mi« No^?e *s hereby given of propose« nomically feasible in view of the sparse filed a petition requesting the assignment ter! maklng in the above entitled mat population, many of whom do not receive of Channel 280A to Copperhill by s u b ­ Tahi co?cerning amendment of the FL any primary nighttime radio broadcast stituting Channel 285A for 280A at D ay- 209 , ° I Assignments contained in § 73. service. It also points out that the sum­ ton, Tenn. Copperhill is a small com­ nntn the Commission’s rules. A ll pro mertime population doubles due to the munity of only 631 persons located in the amJLn! W assignments are alleged an< many vacation and resort facilities in southeastern corner of Tennessee, but mentT«f. R M was largely rural in character. Oakland at Oak Ridge, Tenn., since the separation Broadca^thfienhtoni Tenn- (H olsto] may be the type of community which between these two reference points is City N j rlu 0^ ^ ’ RM-743. Ocea: warrants a departure from the general less than the required 65 miles. There these four Radio- lDC ) - I] policy. We are of the view that the pro­ .is also on file another application for the ases, interested parties hav posal merits rule making and are inviting use of Channel 285A, that of Clinton 6544 PROPOSED RULE MAKING

Broadcasters,ìh c. (BPH-4634r), request­ sary to compete with the Orlando sta­ posal conforms to all the rules and that ing its use at Clinton, Tenn., under the tions and to cover the intended area. it will file an application for the assign­ “25 mile rule”. The assignment of Chan­ Finally, it is shown that an area is ment in the event it is made final. nel 285A at Dayton would not conflict available for transmitter sites from Tucson, a city of 212,892 population, has with the use of Channel 285A at Clinton. which all the required spacings oan be been assigned 6 F M assignments, one 9. I norder to remove the conflict with met and from which the required sig­ Class A and 5 Class C. All are either the Radio Active application for Chan­ nal can be placed over Winter Park. authorized or applied for. nel 285A at Oak Ridge and with the pro­ There is no application pending for 17. W e are of the view that we should posed assignment of Channel 285A at Channel 293 in Leesburg. invite comments on the Pima proposal. Dayton, on March 19, 1965, Clinton 12. We have reservations concerningHowever, since Tucson has been assigned Broadcasters, Inc., licensee of Station this proposal, since not only would it the number of assignments contemplated W Y S H (A M ), Clinton, Tenn., filed a peti­ mean mixing Class C and A channels in for this size city ifl setting up the Table tion for rule making (RM-745) request­ the same community, but Winter Park, of Assignments, comments are also in­ ing the assignment of Channel 285A to as a community close to a substantially vited on the issue of whether the pro­ Clinton and the substitution of Channel larger city, is the type of community for posed addition will preclude needed 232A for 285A at Oak Ridge. Clinton, which a Class A assignment would nor­ future assignments in the general area. a community of 4,943 persons, is the mally be more appropriate. Neverthe­ Comments are invited on the following: county seat of Anderson County and is less, other possible uses of this channel located about 18 miles northwest of are quite limited, and we are of the view ? Channel No. Knoxville. , The largest community in that the assignment may be warranted C ity : v / , Anderson County is Oak Ridge with a and should be explored in rule making. Present Proposed population of 27,169 persons. __ Clinton We therefore invite comments on the Broadcasters submits that this" commu­ following: Tucson, Ariz::--.-.--. 221A, 225,229, 221A, 225,229, nity has a daytime-only AM station and 235,241,248 235,241,248,281 that there is no other satisfactory night­ Channel N o. time servce available. It urges that not C ity 18. Authority for the adoption of the only would its proposal remove the two . Present Proposed amendments proposed herein is con­ above-mentioned conflicts but that it tained in sections 4 ( i ) , ( j ) , 303, and 307 would provide the community of Clin­ 293 294 (b ) of the Communications Act of 1934, ton with a much-needed outlet for local 276A 276A, 290 as amended. programs at night and would thus serve 19. Pursuant to applicable procedures the public interest. 13. RM-751. Crossville, Tenn. On set out in § 1.415 of the Commission’s 10. W e are of the view that comments March 26, 1965, WAEW, Inc., licensee rules, interested parties may file com­ should be invited on the Copper Basin of radio Station W AEW (A M ), Crossville, ments on or before June 7, 1965, and and Clinton proposals in order that all Tenn., filed a petitidn seeking the assign­ reply comments on or before June 18, interested parties may submit their ment of Channel 257A to Crossville by 1965. All submissions by parties to this views and relevant data. Comments are two alternative methods. One would proceeding or by persons acting in behalf therefore invited on the following: ~ substitute Channel 252A for 257A in of such parties must be made in written Athens, Tenn.2 comments, reply comments or other ap­ Channel No. 14. Crossville is a community of 4,668 C ity propriate pleadings. persons and is located in Cumberland 20. In accordance with the provisions Present Proposed County, which has a population of 41,578 of § 1.419 of the rules, an original and and an area of 679 square miles. It is its 14 copies of all written comments, re­ 280A county seat and largest community. It plies, pleadings, briefs, or other docu­ 285A Commission. Daytòn) Tenn.. S______280A 285A has one AM statidn, WAEW, licensed to ments shall be furnished the Oak Ridge, Tenn ______285A 232A petitioner and operating daytime-only, Adopted: M ay 5,1965. but no FM assignment. Petitioner urges If adopted, the changes outlined above that the proposed assignment would pro­ Released: May 7, 1965. would require Radio Active Broadcast­ vide the first local nighttime service to F ederal C ommunications ing, Inc. to amend its application to a substantial portion of Cumberland C o m m is s io n ,3 County, that it conforms to all the rules, specify Channel 232A' in lieu of 285A at [ s e a l ] B e n F. W aple, Oak Ridge. and that an application will be filed for Secretary. 11. RM-693. Winter Park, Fla.the use of Channel 257A in the event the assignment is adopted. No applica­ [F.R. Doc. 65-5008; Filed, May .11. 1965; (Contemporary Broadcasting Co.). On 8:48 a.m.] December 2, 1964 (amended on April 1, tions are on file for Channel 257A at 1965), Contemporary Broadcasting Co., Athens. licensee of Station W ABR (A M ), Winter 15. W e are of the view that the W AEW Park, Fla., filed a petition requesting rule proposal merits rule making and there­ FEDERAL HOME LOAN BANK making looking toward the addition of fore we invite comments on the fol­ Channel 290 to Winter Park by substi­ lowing: BOARD tuting Channel 294 for 293 at Leesburg, Fla. Winter Park is a city of 17,162 Channel N o. [ 12 CFR Part 563 1 C ity persons, which petitioner represents to [FSLIC—2,065] be a 108-percent increase over the 1950 Present Proposed population. It is located in Orange FEDERAL SAVINGS AND LOAN County (population 263,540). It has one 257A INSURANCE CORP. Class A FM assignment, Channel 276A, Athens, Tenn ______257A 252A on which a construction permit has been quired Amounts and Maintenance of Federal Insurance Reserve granted. While Winter Park is in the 16. RM-750. Tucson, Ariz. On March Orlando urbanized area (with four FM 23, 1965, Pima Broadcasting Co., Inc., May 5, 1965> assignments) petitioner urges that this licensee of radio Station KMOP(AM), iesolved, That, pursuant to partjjjj city is large and important enough to Tucson, Ariz., filed a petition looking warrant the assignment of two channels, the general regulations ° ft ll toward the addition of Channel 281 to me Loan Bank Board (12 r and that the area is growing rapidly as that city. Petitioner states that the pro- a result of the expanding space program !) and § 567.1 of the ™ les^ da fcFR is for insurance of aactmnts ^ connected with Cape Kennedy. Peti­ 2 The second alternative need not he con­ tioner recognizes that we have been re­ sidered, since it was advanced only to accom­ luctant to assign Class A and C chan­ modate a situation which was removed by s Commissioners Bartley-and Wadsw nels in the same community but urges our recent report and order in Docket 15716, that a wide-area assignment is neces­ adopted Apr. 21,1965. absent. Wednesday, M ay 12, 1965 FEDERAL REGISTER 6545

of the rules and regulations for insur­ account an amount equal to the total ance of accounts (12 C F R 563.13) be deficiency in required credits plus the amended by amendments the substance required credits for such period. of which is as follows: 3. Amend § 563.13 of the rules and reg­ 1. Amend so much of subparagraph ulations for insurance of accounts by the (3) of paragraph (b) of § 563.13 of the addition of a new paragraph, paragraph rules and regulations for insurance of (e ), to read as follows: accounts as precedes the first colon therein to read as follows: (e) For purposes of this section, the § 563.13 Required amounts and mainte­ terms “earned surplus” and “undivided nance of Federal insurance reserve. profits” include only retained earnings ♦ * * * * * from operations in prior periods which have not previously been allocated to an­ (b ) * * * other net worth account. (3) Each insured institution which has an adjusted net worth of less than (Secs. 402, i 403, 48 Stat. 1256, 1257, as amended; 12 U.S.C. 1725, 1726. Reorg. Plan 8 percent of its specified assets shall, by No. 3 of 1947, 12 P.R. 4981, 3 CFR, 1947 the close of each semiannual period, in­ Supp.) crease its net worth (exclusive of undi­ vided profits and earned surplus) as Resolved further, That all interested compared to the close of the preceding persons are hereby given the opportunity semiannual period, by credit from net to submit written data, views, or argu­ income, undivided profits or earned sur­ ments on the following subjects and is­ plus to the Federal insurance reserve sues: (1) Whether said proposed amend­ account, in at least the amount required ment should be adopted as proposed; by the applicable of the following (2) whether said proposed amendment requirements: should be modified and adopted as * * * * * modified; (3) whether said proposed amendment should be rejected. All 2. Amend paragraph (c) of § 563.13 such written data, views, or arguments of the rules and regulations for insurance must be received through the mail or of accounts to read as follows, effective otherwise at the Office of the Secretary, December 1,1965: Federal Home Loan Bank Board, Federal (c) Limitations on payment of divi­ Home Loan Bank Board Building, 101 dends or interest. Any insured institu­ Indiana Avenue NW., Washington, D.C., tion which has failed to meet the re­ 20552, not later than June 12, 1965, to be quired credits under subparagraphs (3) entitled to be considered, but any re­ of paragraph (a ) of this section or under ceived later may be considered in the dis­ paragraph (b) of this section shall not cretion of the Federal Home Loan Bank declare, pay, or advertise dividends or Board. interest for the semiannual period sub­ By the Federal Home Loan Bank sequent to the immediately succeeding Board. semiannual period,- in excess of the amount approved by the Corporation, [ s e a l ] H arry W . C a u l s e n , unless, in such immediately succeeding Secretary. semiannual period, the institution has [F.R. Doc. 65-4990; Filed, May 11, 1965; credited to its Federal insurance reserve 8:46 a.m.] i'V

Notices

Flag of Registry, Name of Sh ip— Continued Flag of R egistry, Name of Ship—Continued DEPARTMENT OF COMMERCE Gross Gross British— Continued tonnage Lebanese— Continued tonnage Maritime Administration »»Iv y Fair (now Cosmo Trader— Ioannis Aspiotis______7,297 British fla g )------7,201 Kalliopi D. Lemos..___ [Report No. 55] 5,103 **Jeb Lee (trip to Cuba under ex­ K a te rin a ______9,357 LIST OF FREE WORLD AND POLISH name, Garthdale— British fla g ). L e ft r ic ______7,176 K in r o s s ------5,388 Malou ______7,145 FLAG VESSELS ARRIVING IN CUBA »»Kirriemoor (now Jhelum—Paki­ M a n tric______7,255 SINCE JANUARY 1, 1963 stani flag)______.______5,923 Maria Despina______7,254 La Hortensia______9,486 Maria Renee______7,203 S e c t io n 1. The Maritime Administra­ Linkmoor ______8, 236 Marichristina______7,124 tion is making available to the appropri­ M a g iste r______— '2,339 M arym ark______4,383 ate Departments the following list of Maratha Enterprise______r 7,166 Mersinidi ______■_ 6,782 M im o sa______vessels which have arrived in Cuba since Nancy Dee------— 6,597 7,314 Nebula ______:______8,924 M ousse______6,984 January 1, 1963, based on information »»Newdene (now Free Navigator— N ic tric ______7,296 received through May 3, 1965, ex­ Haitian flag)------7,181 N oelle______7,251 clusive of those vessels that called at N ew fo rest______i------7,185 Noemi ______7,070 Cuba on United States Government- New gate----- .------6, 743 O lg a ------7,199 approved noncommercial voyages and Newglade ______—— ------— - 7,368 Pan agos______7,133 those listed in section 2. Pursuant to Newgrove______7,172 Parmarina ____»______6,721 7,253 established United States Government N ew h eath ______5,891 »»Razani (broken up) Newhill ______7,855 Reneka ______7,250 policy, the listed vessels are ineligible to New lane______7,043 R i o ______7,194 carry United States Government- New m eadow______5, 654 St. Anthony______5.349 financed cargoes from the United States. N e w m o a t__'______7,151 St. Nicolas______. 7,165 San George______7,267 Flag of Registry and Name of Sh ip Oceantramp ______6,185 Oceantravel______— 10,477 San John______, 5,172 Gross P eo n y ______. 9, 037 San Spyridon------. 7,260 tonnage Redbrook____ (______7,388 Stevo ______7,066 Total, all flags (239 ships)- 1,663,456 Ruthy Ann______i ______7,361 Taxiarhis ______- 7.349 **St. Antonio (now Maltese flag). T ertric______- . 7,045 British (78 ships)______580,194 Sandsend ______7,236 Theodoros Lemos------. 7,198 Santa Granda______7,229 Theologos------6,529 * »Agate (trips to Cuba under ex-name Sea Amber______— ------10,421 T o u la ______. 4,561 Dairen—British flag). Sea Coral------10, 421 Troyan ----.------7,243 * »Amalia (now Maltese flag). Sea Empress------_____- — — 10, 074 V a s s ilik i______7,192 * »Amazon River (now River— sold S hien foon______- ___ 7,127 V astric_____ - ______- 6,453 6,339 to Dutch breakers)______— 7,234 Shun Fung______7,148 Vergolivada ______Antarctica______- 8, 785 Soclyve ______7, 291 Yanxilas ______10,051 »Arctic Ocean______8, 791 * »Southgate (previous trips to 259,391 Ardenode ______;______------, 7,036 Cuba under ex-name, Arlington Greek (36 ships) A rd g e m ___,------6,981 Court—British flag)__i______9,662 5,617 A rd m o re ______4, 664 Agios Therapon.— ------S t a n w e a r __- ______8,108 7,331 Ardpatrick ______— ------7, 054 Akastos ------Suva Breeze..______4,970 7,189 A rd ro w a n ______,___ 7,300 Swift River______7,251 »»Ambassade (sold Hong Kong Ardsirod ______7, 025 Thames Breeze___V______7,878 8,600 A r d t a r a ______5, 795 »»Timios Stavros (now Maltese shipbreakers)------7,104 * »Arlington Court (now South- flag— Previous trips to Cuba Am ericana______7,359 gate— British flag). under Greek flag). Anacreon______— * »Anatoli (now Sunrise— Cypriot Athelcrown (Tanker)______11,149 Venice ______.’______8, 611 7,187 Athelduke (Tanker) \______i 9, 089 Vercharmian ______7, 265 flag) ______—-----7—~~~ Athelmere (Tanker) ______7, 524 Y erg m o n t______7,381 * »Andromachi (previous trips to Cuba under ex-name, Pe­ Athelmonarch (Tanker).______11,182 West Breeze____:i______8, 718 6,712 nelope— Greek flag)------— Athelsultan (T anker)—^ ___:_____ 9,149 Y u ngfutary______r,______5, 388 5,171 Avisfaith ______7, 868 Yunglutaton ______5, 414 Antonia _— .------9,744 Bax ter gate ______k______- 8, 813 t Zela M ___t-______7,237 A p o llo n ------:------;* 7,216 »»Canuk Trader (now Eliza—Li­ Athanassios K—%— — ------7,084 berian flag)..______7,151 Lebanese (60 ships)______401,184 Barbarino . . . ------7,249 »Cheung Chau______8, 566 Calliopi Michalos------7,291 »»Chipbee (Sold for scrap).____ 7,271 Agia Sophia______3,106 Capetan, Petros------‘ 8,418 * »Embassy (broken up)------* * Cosmo Trader (trips to Cuba Aiolos II_____ — .______7,256 7, ?44 under ex-name, Ivy Fair— Brit­ Ais Giannis______6,997 ish flag). A k a m a s __------7, 285 * »Gloria (now Helen—Greek 7,128 * »Dairen (now Agate—British A1 Amin______.______— 7,186 flag) ------""" flag) ______4,939 A la s k a _____ ~______6,989 * »Helen (trip to Cuba under ex­ East Breeze______8, 708 A n th as______!______.__ 7, 044 name, Gloria— Greek flag) • 7,232 Eastfortune______•______8, 789 A n to n is______6, 259 Irena ------7,275 Eirini ______7, 402 Ares ______4, 557s Istros II ------5,032 Formentor ______8,424 Areti ______7,176 Kapetan Kostis— ------i— " 6,888 Free Enterprise______6,807 A ris te fs ______6,995 Kyra Hariklia------7,245 Free Merchant______i.______5,237 A s tir______i _____ ,______5, 324 Maria Theresa------7,147 »»Qarthdale (now Jeb Lee— Brit­ Athamas .______L______4, 729 M a rig o ------7,369 ish flag)______7, 542 **Carnation (Sold Spanish break­ Maroudio — ------7,282 Grosvenor Mariner______7,026 ers) ______4,884 Mastro-Stelios ...... Hazelmoor ______7, 907 »»Nicolaos F. (previous trip **Christos (trip to Cuba under Cuba under ex-name, N Helka — ______2, 111 ex-name, Pamit— Greek flag). . Hemisphere ______8, 718 Frangistas— Greek flag). C la ire ______5,411 * »Nicolaos Frangistas (now N 7,199 Ho Fung______7,121 Cris ______6,032 In ch staffa______5, 255 laos F.— Greek flag) --" " i;Z Dimos ______7,187 * »Pamit (now Christos Leb 3,929 »Added to Report No. 54, appearing in the Free Trader______7, 067 flag)...... "1 1 7 131 F ederal Register issue of April 21, 1965. Giannis ______5,270 Pantanassa ------7,144 »»Ships appearing on the list that have Giorgos Tsakiroglou______7,240 been scrapped or have had changes in name G ranik os______7,282 * »Penelope (now Andromachi— and/or flag of registry. I l e n a ______5,925 Greek flag). 6546 Wednesday, M a y 12, 1965 FEDERAL REGISTER 6547

lag of egistry ame of h ip Flag of R e g is t r y , N ame of Sh ip — Continued Flag of Registry, Name of Sh ip — Continued F R , N S — Continued Gross Gross Pakistani : Greek—Continued tonnage Finnish— Continued tonnage »»Jhelum (trip to Cuba under ex­ »»Plate Trader (trip to Cuba Valny (Tanker)------11,691 name, Kirriemoor— British flag). under ex-name, Stylianos N. S e c . 2. In accordance with approved Vlassopulos— Greek flag). Maltese (4 ships)______26,497 »»Presvia (broken u p )_ _ ------— 10,820 procedures, the vessels!isted below which Redestos ------— - — &, 911 * »Amalia (previous trips to Cuba called at Cuba after January 1, 1963, »»Seirios (broken u p )— .------, 7,239 under British flag)______7,304 have reacquired eligibility to carry Sophia . . . ______- ...... — 7,030 Is p a h a n ______■— .____ 7,156 United States Government-financed car­ * »Stylianos N. Vlassopulos (now **St. Antonio (previous trip to goes from the United States by virtue of Plate Trader— Greek fla g )------7,244 Cuba under British flag)______6,704 **Timios Stavros (previous trips the persons who control the vessels hav­ »»Timios Stavros (formerly Brit­ ing given satisfactory certification and ish flag—now Maltese flag). to Cuba under British flag and Tina------——— — 7,362 Greek flag) ______i - 5,333 assurance: Western Trader------;----- — ------9» 268 (a ) That such vessels will not, thence­ Swedish (3 ships)______17,133 forth, be employed in the Cuba trade so Polish (16 ships)------,------112,779 long as it remains the policy of the * * Amfred (now Hermia—Finnish United States Government to discourage fla g )______*______2,828 Baltyk — ------— 6 ,9 6 3 such trade; and * »Atlantic Friend (now Atlantic B lalystok______— ------7 ,1 7 3 (b) That no other vessels under their Bytom______-— ----- 5 ,9 6 7 Venture— Liberian flag)— ____ 7,815 Chopin______, 6, 987 Dagmar------______6,490 control will thenceforth be employed in Chorzow______— ------— 7, 237 the Cuba trade, except as provided in Huta F lo ria n ______r------7 ,2 6 8 Netherlands (2 ships)______— — 999 paragraph (c) ; and Huta L a b e d y .______7,2 21 (c) That vessels under their control M e ik e ______— 500 Huta Ostrowiec______. . . ------7 ,1 7 5 which are covered by contractual obliga­ Tempo ------‘ 499 Huta Zgoda______— ------6, 840 tions, including charters, entered into Kopalnia B o b rek ______7,2 2 1 Kopalnia Czeladz______,______— 7 ,2 5 2 Norwegian (2 ships)------._1-- 10,002 prior to December 16, 1963, requiring Kopalnia Miechowice ______7, 223 their employment in the Cuba trade Kopalnia Siemianowice ______7 ,1 6 5 Ole Bratt_:______1__- 5, 252 shall be withdrawn from such trade at Kopalnia W ujek ______.____ 7,*033 * »Tine (now Jezreel— Panamanian the earliest opportunity consistent with Plast______3 ,1 8 4 flag)______.______4,750 such contractual obligations. Transportowiec______10,880 Cypriot (1 s h ip ): Flag of R egistry and Name of Sh ip Italian (13 s h ip s )______t ______104,492 Adelphos Petrakis______._____ 7,170 * »Sunrise (trip to Cuba under ex­ a. Since last report: None. Number Achille . . . ______6,950 name Anatoli— Greek flag). Agostino Bertani______!___. 8,380 b. Previous reports: of ships Andrea Costa (Tanker) ______10,440 Kuwaiti (1 ship) : Flag of registry (total) __— — .----- :_— 79 Aspromonte______7,154 Maha ______— 1,392 Giuseppe Giulietti (Tanker) _____ 17,519 B ritish ______33 Mariasusanna _.—______2,479 Haitian: Danish ______..—_____------.,_------1 Montiron______1,595 »»Free Navigator (trips to Cuba F in n is h ----,_------— ------1 Nazareno______7,173 under ex-name Newdene— Brit­ French ______1 Nino Bixio______!_____ 8,427 ish flag). German (West) ______.___— — ______1 San Francesco— ______9,284 Nationalist Chinese : G re e k ______— _ — 24 San Nicola (Tanker)______12,461 * »Chen Chang (trip to Cuba under Israeli ______.-___— ___—.— - 1 Santa Lucia______9 ( 278 ex-name, Somalia— Italian flag). Italian __— _.______— ____— — _ 5 *‘Somalia (now Chen Chang— Liberian: Japanese______1 Nationalist Chinese flag)______3, 352 * »Atlantic Venture (trip to Cuba Lebanese ______— i------1 under ex-name, - A tlan tic Norwegian ______.'.__ _— 4 Yugoslav (8 sh ip s) ______,______57,143 Friend— Swedish flag). S p an ish ______.___ ;— 6 * »Eliza (trip to Cuba under ex- ec The ships listed in sections 1 B an ______7, 233 name, Oanuk Trader—British S . 3. cavtat______and 2 have liiade the following number of 7, 266 flag). C etln je______7, 200 Panamanian: trips to Cuba since January 1, 1963, Dug! O t o k " _ _ _ — 6, 997 »»Jezreel (trip to Cuba under ex­ based on information received through K o la s in ______7,217 name, Tine— Norwegian flag). M ay 3,1965: Mojkovac 7, 125 Promina ______IIIII 6, 960 “ Trebisnjica (wrecked) 7,145 Num b« of trips

french (6 ships) 16,391 Flag of registry 1964 1965 Total Circe . . . 2,874 1963 Enee___ Jan.- Oct. N o v. Dec. ' Jan. Feb. Mar. Apr. 1,232 Sept. Foulaya 3, 739 Mungo . 4,820 Nelee__. 9 9 7 11 4 344 2, 874 133 149 14 8 Neve ... 64 79 3 4 5 8 2 4 2 171 852 99 25 1 1 2 1 1 130 16 15 3 2 3 2 3 2 46 Moroccan (5 ships) 35, 828 8 14 2 1 25 14 8 1 1 24 A tlas______9 11 2 22 10.392 12 9 2 4 27 B a n o r a ____ 3, 082 8 5 1 1 2 17 Marrakech 1 6 3,214 3 2 Mauritanie 1 3 1 1 6 10.392 4 Toubkal.. 1 1 2 8,748 2 1 1 4 1 1 2 ^toaish (4 ships)______32,861 2 2 1 1 1 1 Augusta Paulin ______¡77^ 1 1 ?am^A (W p to Cuba under 1 1 370 324 • 26 19 , 25 24 12 23 11 ¿ 834 7 251 18 12 1 1 2 2 1 1 38

388 336 27 20 27 26 13 - 24 n 872 wrapn.PdP ~ rlhng the list that have aRd/or flag5of registry *** Changes in name N ote: Trip totals in this section exceed ship totals in sections 1 and 2 because some of thè ships made more than one trip to Cuba. No. 91----- « 6548 NOTICES

Dated: M ay 4,1965. (1) Enforce any or all of the following Federal laws, and any regulation of the By order of the Deputy Maritime Ad­ DEPARTMENT OF THE TREASURY Secretary of the Interior in 50 CFR ministrator. Office of the Secretary issued pursuant to these laws, including J a m es S. D a w s o n , Jr., [Antidumping— AA 643.3-p] the authority to require and receive in- Secretary. GALVANIZED WARE FROM CANADA formation concerning violations of such [F.R. Doc. 65-4937; Filed, May 11, 1965; laws and regulations : 8:45 a.m.] Noffce of Intent To Discontinue Inves­ * ~ * * $ $ tigation and To Make Determina­ Ci) Fish and Wildlife Recreation Act tion That No Sales Exist Below Fair of 1962 (76 Stat. 653; 16 U.S.C. 460k). Office of Hie Secretary Value * * * * * o hn ottschalk [Dept. Order No. 46; Arndt, 1] - M a y 5,1955. J S. G , Director. Information was received on November ORGANIZATION UNITS M a y 6,1965. 30, 1964, that galvanized ware imported Procurement Authority from Canada, manufactured by General [F.R. Doc. 65-4973; Filed, May 11, 1965; Steel Wares Limited, Canada, was being 8:46 a.m.] The following amendment to the or­ sold at less than fair value within the der was issued hy the Secretary of Com­ meaning of the Antidumping Act, 1921, as merce on April 28, 1965. The material Office of the Secretary amended. appearing at 29 F.R. 13541-13542 of Oc­ On December 29,1964, the Acting Com­ JOE T. INNIS tober 1, 1964, is amended as follows: missioner of Customs issued a withhold­ Appendix A, dated September 16,1964, ing of appraisement notice with respect Report of Appointment and Statement to Department Order No. 46 of Septem­ to such merchandise which was pub­ of Financial Interests ber 16, 1964, is amended to read: F ederal R egister lished in the dated M ay 5,1965. January 5,1965. P art I. O rganization U n it s D elegated Pursuant to section 302(a) of Executive P r o c u r e m e n t A u t h o r it y Promptly after the commencement of the antidumping investigation, sales to Order 10647, the following information on a W O C appointee in the Department National Bureau of Standards. the United States of the merchandise W eather Bureau (except as specified in were terminated. The exporter gave as­ of the Interior is furnished for publica­ Part n hereof ). surances that if sales to the United States tion in the F ederal R egister: Bureau of the Census (except as speci­ are resumed they will not be below fair Name of appointee: Joe T. Innls. fied in Part II hereof). value. Name of employing agency: U.S. Department Maritime Administration (except as In view of the foregoing, it appears of the Interior, Office of Oil and Gas. The title of the appointee’s position: Special specified in Part II hereof). that there are not, and are not likely Assistant to Regional Administrator, Bureau of Public Roads (except as to be, sales below fair value of galva­ Emergency Petroleum and Gas Admin­ specified in Part n hereof). nized ware from Canada, manufactured istration. U.S. Commission—New York World’s by General Steel Wares Limited, Canada. The name of the appointee’s private employer Pair. Unless persuasive evidence or argu­ or employers: Northern Natural Gas Co., ment to the contrary is presented within Omaha, Nehr. P art II. O rganization U n it s o n B e h a l f 30 days, a determination will be made o f W h ic h t h e A s s is t a n t S ecretary The statement o f ‘‘financial interests” that there are not, and are not likely to E x ercises P r o c u r e m e n t ' A u t h o r it y for the above appointee is enclosed. be, sales below fair value. S tewart L. U dall, This notice is published pursuant to Office of the Secretary, including con­ Secretary of the Interior. stituent units. § 14.7(b) (9) of the Customs Regular Office of Business Economics. tions (19 C FR 14.7(b) (9) ). A p p o in t e e ’s S t a t e m e n t op Fhtanciai I nterests Community Relations Service. [ s e a l ] J a m es A. R eed, Business and Defense Services Admin­ Assistant Secretary In accordance with the requirements istration. of the Treasury. of section 302(b) of Executive Order Bureau of International Commerce. [F.R. Doc. 65-4983; Filed, May 11, 1965; 10647, I am filing the followingstate- Office of Forign Commercial Services. 8:46 a.m.] ment for publication in the Fedeb Office of Field Services. Office of Administration (D IB ). Office of Publications and Information Names of any corporations of wM® yr had been within 6Ü (DIB). DEPARTMENT OF THE INTERIOR ppointment, on April 30, 19®. “ , United States Travel Service. dent, Northern Natural Gas Co., an Area Redevelopment Administration. Fish and Wildlife Service or director. . t Patent Office. Names of any corporations in „ Coast and Geodetic Survey. WILDLIFE MATTERS or did own within 60 days p^ f Bureau of Public Roads (personal ppointment, any stocks, k°^ds> Co property and nonprofessional and non­ Delegation of Authority cial interests: Northern Natural Names of any partnerships m thln technical service contracts for headquar­ Chapter 4, Part 4 of the Administra­ ssociated, or had been associa g ters office use). tive Manual of the Bureau of Sport iys preceding my appointment. l«n Census Bureau (all procurement under Fisheries and Wildlife is amended to add Names $2,500). the act of September 28, 1962 (76 Stat. Weather Bureau (all procurement un­ 653; 16 U.S.C. 460k), to the list of specific der $2,500 and contracts for nontechnical Federal laws in section 4.91(1) that U.S. items and items of common use within game management agents, U.S. deputy A p r il 30,1965. 11, 1965: the D epartm ent). game wardens, refuge' management [F.R, Doc. 65-4969; Filed, May Maritime Administration (purchase of agents, and wildlifé management agents 8:45 a.m.] administrative equipment and supplies are authorized to enforce. for headquarters’ use). Section 4 A M 4.91(1) is amended to MAXWELL S. McKNIGHT read as follows : Effective date: April 28, 1965. ' of Appointment and Statem*nt 4.9 Wildlife matters. D avid R . B a l d w in , of Financial Interests * * * * * Acting Assistant Secretary M ay 5,196^ for Administration. I. Enforcement authority of certain . vrma) of Execd- [F.R. Doc. 65-4955; Filed, May 11, 1965; Bureau employees. 8:45 a.m.l * * * # * Wednesday, M a y 12, 1965 FEDERAL REGISTER €549 tion on a WOC appointee in the Depart­ (1) Names of any corporations of which ness as Chicagoland TV Co., Chicago, I am, or had been within 60 days preceding 111., Docket No. . 15668, File No. B P C T - ment of the Interior is furnished for my appointment, on April 27, 1965, as Spe­ publication in the F ederal R e g ist e r : 3116; Chicago Federation of Labor and cial Assistant to Regional Administrator, Industrial Union Council, Chicago, 111., Name of a p p o in tee: Maxwell S. McKnight. Emergency Petroleum and Gas Administra­ Docket No. 15708, File No. BPCT-3439; Name of em ploying agency: U.S. Department tion, an officer or director: None. of the In terio r, Office of Oil and Gas. (2) Names of any corporations in which I for construction permit for new television The title o f th e appointee’s position: Spe­ own, or did own within 60 days preceding my broadcast station (Channel 38). cial Assistant t o Regional Administrator, appointment, any stocks, bonds, or other fi­ The Hearing Examiner having under Emergency Petroleum and Gas Adminis­ nancial interests: Standard Oil (Indiana), consideration the order of the Review tration. Standard Oil (New Jersey), Triad Oil Co. Board (FCC 65R-89) released on March The name of the appointee’s private em­ (3) Names of any partnerships in which I 15, 1965, enlarging the issues in this pro­ ployer or e m p lo y e rs : Socony Mobil Oil Co., am associated, or had been associated within ceeding, and the order of the Commission New York. 60 days preceding my appointment: None. (4) Names of any other businesses which (FCC 65R-160) released May 6, 1965, The statement of “financial interests” I own, or owned within 60 days preceding denying review of the Board’s said order; for the above appointee is enclosed. my appointment: None. It appearing, that a conference should be convened for the purpose of establish­ S t e w a r t L. U d all, W il l ia m R. R e m a l ia . Secretary of the Interior. ing hearing dates relative to the enlarged A p r il 27, 1965. issue: A p p o in t e e ’s S tatem en t o f F in a n c ia l [F.R. Doc. 65-4971; Filed, May 11, 1965; It is ordered, This 7th day of M ay 1965, I nterests 8:45 a.m.] that a prehearing conference herein In accordance with the requirements shall convene on May 12, 1965, com­ of section 302(b) of Executive Order mencing at 9:00 a.m. in the offices of the 10647, I am filing the following state­ Commission at Washington, D.C. ment for publication in the F ederal DEPARTMENT OF AGRICULTURE Released: M ay 7,1965. Register: Forest Service F ederal C ommunications (1) Names o f a n y corporations of which C OMMIS SION, I am, or had been within 60 days preceding DIRECTOR, DIVISION OF LAND [ s e a l ] B e n F. W a p l e , my appointment, on April 21, 1965, as Special ADJUSTMENTS Assistant to R e g io n a l Administrator, Emer­ Secretary. gency Petroleu m and Gag- Administration, Delegation of'Authority To Accept [F.R. Doc. 65-5009; Filed, May I l f 1965; an officer or d ir e c to r: None. Options and Execute Deeds 8:48 a.m.] (2) Names o f a n y corporations in which I own, or did own within 60 days preceding Pursuant to ia ) the Delegation of Au­ my appointment, any stocks, bonds, or other thority and Assignment of Functions by [Docket No. 15986; FCC 65-357] financial in terests: Communications Satel­ the Secretary of Agriculture dated De­ lite Corp., F o rd Motor Co., Tricontinental Corp., Japan F u n d , Inc., Socony Mobil Oil cember 24, 1953, effective January 2, CONTINENTAL BROADCASTING OF Co., Inc., S tan dard Oil (N.J.). v- - - 1954 (J9 F.R. 74), made pursuant to R e­ CALIFORNIA, INC. (KDAY) (3) Names of any partnerships in which organization Plan No. 2 of 1953 and other I am associated, or had been associated authorizations; and (b) the Delegation Memorandum Opinion and Order within 60 days preceding my appointment: of Authority by the Chief, Forest Service, None. Designating Application for Hear­ dated September 30, 1963 (28 F.R. ing on Stated Issues (4) Names o f a n y other businesses which 10828), authority is hereby delegated to I own, or owned within 60 days preceding my appointment: N on e. the Director, Division of Land Adjust­ In re application of Continental Broad­ ments, Forest Service, in his capacity as casting of California,'Inc. (KDAY), M a x w e l l S. M cK n ig h t . Director of said Division, to: (1) Accept, Santa Monica, Calif., Docket No. 15986, April 27,1965. for and on behalf of the United States of File No. BMP-11408; Has: Lie: 1580 kc, America, options to purchase lands or 50 kw, DA-D, CP: 1580 kc, 10 kw, 50 [F.R. Doc. 65-4970; Filed, May 11, 1965; interests therein pursuant to the Weeks kw-LS, DA-2, U (new site); Requests: 8:45 a.m.] Law of M arch 1, 1911 (36 Stat. 961), as 1580 kc, 50 kw, DA-2, U (and change in amended, and related laws authorizing antenna site from location specified in WILLIAM R. REMALIA purchase of lands for the National Forest construction permit); for modification System; (2) execute deeds adjusting of construction permit (File No. BP- Report of Appointment and Statemei titles to land pursuant to Public Law 15963). of Financial Interests 120— 78th Congress 1st Session, approved 1. The Commission has before it for July 8, 1943, as amended; and (3) exe­ consideration: (a) The above captioned ay M 5, 1965. cute deeds to National Forest System and described application; (b) a “Peti­ ti,?£su,ant to section 302(a) of Execi lands selected in land exchanges made tion to Deny” filed October 27, 1964, tin« 0rc^ 1064T, the following informs pursuant to approved legislation. by Coast Radio Broadcasting Corp. m ,on WOC appointee in the Deparl Done at Washington, D.C., this 3d (“KPOL”), licensee of standard broad­ n °,f th? interior is furnished f( day of May 1965. cast Station KPOL, Los Angeles, Calif.; cation in the Federal R egister: (c) an “Opposition to [KPOL] Petition [ s e a l ] N e l s o n , Nam!! nf appointee: William R. Remalia. M. M. to Deny” filed November 12, 1964, by the of thl agency: U.S. Departmei Deputy Chief, Forest Service. applicant (“KDAY”) ; (d) a letter filed The tmL °®ce of ou and Gas. [F.R. Doc. 65-4977; Filed, May 11, 1965; November 19, 1964, by Crowell-Collier Assistant+th o a p p ° in te e s Positi°n : Speci 8:46 a.m.] Broadcasting Corp. (“KFW B”) , licensee gencv p l t0,Regional Administrator, Erne: of standard broadcast Station KFWB, The nam«ftr a “Petition for Reconsideration” and a of sertion^no1^ ^ 11 the re(iuiremen Conference 10647 la m 0f Executive Ordi “Petition to Deny”, both filed January 8, for Publicatin!!1^ following stateffiei In re applications of Frederick B. Liv­ 1965, by Tri-Counties Public Service, Inc. n in the Federal R egistei ingston and Thomas L. Davis, doing busi­ (“KUDU”), licensee of standard broad- 6550 "NOTICES cast Station KUDU, Ventura, Calif.; (i) affect vital public safety, civil defense, fense Commission, and, if so, the nature an “Opposition * * filed January 11, and other essential radio facilities of the and extent of such adverse effect. 1965, by KDAY, in response to the ob­ county and the local civil defense agency. 3. To determine whether the proposed jections submitted by Los Angeles They state that the radio facilities which operation would be in compliance with County; (j ) an “ Opposition * * * ” to are used by the objecting governmental the requirements of I 73.24(g) of the the KUDU petitions, filed February 12, units cover the frequency bands from 300 Commission’s rules , and, if not, whether 1965, by KDAY; (k) a “Reply to cycles to 3000 kilocyles and from 1761.5 circumstances exist which would warrant [KDAY’s] Opposition * * filed Feb­ kilocycles to 6825 megacycles; that these a waiver of said section. ruary 19, 1965, by KUDU; (1) a “Joint facilities are located at a county com­ 4. To determine, in the light of the Petition for Grant of Applications and, munications center in the immediate evidence adduced pursuant to the fore­ if Necessary, for Waiver of § 73.37”, filed vicinity of the proposed K DAY site; and going issues, whether a grant of the ap­ April 2, 1965, by KUDU and KDAY; and that they will be subjected to a signal plication would serve the public interest, (m ) related pleadings, affidavits, et al. intensity of 3 to 5 volts per meter from convenience, and necessity. 2. KPOL contends that, because of the the proposed KDAY operation. They It is further ordered, That the county nearness of the present KPOL and pro­ further contend that, because of the vital of Los Angeles and the Los Angeles posed K D A Y transmitter sites to each character of the county and civil de­ County and Cities Disaster and Civil De­ other, the KDAY proposal might cause fense operations involved, any interrup­ fense Commission are made parties to the KPOL electrical interference. It there­ tion of service caused by the KDAY proceeding. fore requests that the KDAY application proposal would be intolerable. KDAY It is further ordered, That, in the event be designated fo r hearing on that issue, contends that its proposal would cause of a grant of the application, the con­ or, in the alternative, that a grant of the no significant problems. Indeed, it struction-permit modification shall con­ K DAY application be appropriately con­ states, of the 50 frequencies referred to tain the following conditions: ditioned to protect KPOL. KDAY, in by these objectors, 47 could probably be A properly designed phase monitor its opposition pleading, states that it has used, without any problems arising, on shall be installed in the transmitter room no objection to any of the conditions the proposed K D A Y towers themselves. as a means of continuously and correctly proposed by KPOL-except for one which KDAY adds that it is willing to assume indicating the amplitude and phase of would require KPOL's approval of the the responsibility for, and cost of elimi­ currents in the several elements of the design and construction of traps and nating, any interference problems cre­ directional antenna system. filters. Regarding that, KDAY says that ated by its proposed^ transmitter Field measuring equipment shall be it is agreeable to KPOL participation in operation. Having considered the fore­ available at all times and, after com­ the design and construction, but believes going, the Commission finds that a sub­ mencement of operations, the field in­ that satisfaction of Commission require­ stantial and material question exists as tensity at each of the monitoring points ments, rather than approval by KPOIv to' whether the KDAY proposal would shall be measured at least once every 7 should be the determining factor. adversely affect the Los Angeles County days and an appropriate record kept of KFWB, in its letter requests that the ^and civil defense agency operations and, all measurements so made. condition designed to protect it, in the therefore, will include an appropriate A complete nondirectional proof of above-referenced construction permit, be issue in this regard. performance, in addition to the proof on retained in the construction permit 5. The population, and area data sub­ the directional antenna system, shall be modification, if the application therefor mitted by K DAY indicate that the popu­ submitted before program tests are au­ is granted. KDAY has indicated no ob­ lation within the proposed 1 v/m contour thorized. jection to K F W B ’s request. Accordingly, is more than 1 percent of the population Permittee shall assume responsibility we will order herein that any grant shall within the proposed 25 mv/m contour, for the elimination of interference due include an appropriate condition to in­ daytime and nighttime, contrary to the to crossmodulation and for the installa­ sure that the operations of KPOL and requirements of § 73.24(g) of the rules. tion and adjustment of filter circuits or KFW B are adequately protected. An issue regarding that fact is included ' other equipment in the antenna systems 3. K U D U , in its “Petition to Deny” and in this Order. of the proposed operation and of stand­ “Petition for Reconsideration”, origi­ 6. Except as indicated .by the issues ard broadcast Stations KLAC, KPOm nally contended that the K DAY proposal specified below, the Commission finds KFWB, or any other stations which may was inconsistent with the requirements that the applicant is legally, technically, be necessary to prevent adverse effects of § 73.37 of the Commission’s rules and financially, and otherwise qualified to due to internal crossmodulation and re­ that therefore the Commission should construct and operate as proposed. How­ radiation; and prior to the erection o rescind its acceptance of the KDAY ap­ ever, in view of the questions considered antenna towers and subsequent thereto, plication for filing or, alternatively, in the foregoing paragraphs of this sufficient field intensity measuremen deny the application. In its opposition Order, the Commission is unable to make shall be made on those stations to es­ pleading, KDAY claimed that its pro­ the statutory finding that a grant of the tablish that the radiation patterns posal would satisfy the requirements subject application would serve the pub­ not been adversely affected due to * of § 73.37. Subsequently KDAY and lic interest, convenience, and necessity, radiation. In addition, field.observations KUDU— which has tendered for filing an and is of the opinion that the application shall be made to determine wh application for an increase in its day­ must be designated for hearing in a con­ spurious emissions exist, and any time power— filed a “Joint Petition for solidated proceeding on the issues set tionable interference problems resultmg Grant of Applications and, If Necessary, forth below. therefrom shall be eliminated. ., for Waiver of § 73.37”, in which each Accordingly, it is ordered, Pursuant to of the field observations shall be suom agrees to waive objections due to over­ section 309(e) of the Communications ted by the permittee with its apphca lap which might result from the other’s Act of 1934, as amended, that the appli­ for license. . , . • „„„¡i proposal, and both express the belief that cation is designated for hearing, at a It is further ordered, That-^ ava a grant of either proposal would not ad­ time and place to be specified in a sub­ itself of the opportunity to beheard^n versely affect the other. In view of the sequent Order, upon the following issues: applicant and parties responde is. submission of that “Joint Petition”, and 1. To determine the areas and popu­ pursuant to § 1.221(c) of *«he since we are of the opinion that the lations which may be expected to gain sion rules, in perspn or by at^ ”ey'f this within 20 days of the mailing P ^ K D AY proposal does not violate § 73.37, or lose primary service from the proposed Order, file with the Commiss an K U D U ’S previous objections to the K D A Y operation of Station KDAY and the application will be dismissed as moot, licate, a written appearance s _ ^ for availability of other primary service to as will the request for waiver of § 73.37 intention to appear on the dat in the KUDU and KDAY joint petition such areas and populations. the hearing and present evidence on insofar as that request relates to the 2. To determiné whether the proposed issues specified in this^Orae . e _ KDAY application. operation would adversely affect the op­ It is further ordered, That th ^ 4. The county of Los Angeles, and the erations of the aforementioned commu­ cant herein shall, pursuant Act Los Angeles County and Cities Disaster nication facilities utilized by the county 3 1 1 (a)(2 ) of the Communicatto of ^ and Civil Defense Commission allege of Los Angeles and the Los Angeles of 1934, as amended, ana - f tbe that the K D A Y proposal might, adversely County and Cities Disaster and Civil De­ Commission’s rules, give notice Wednesday, M ay 12, 1965 FEDERAL REGISTER 6551 hearing, within the time and in the ability of other primary service to such The Commission, by the Chief of the manner prescribed in such rule, and areas and populations. Broadcast Bureau under delegated au­ shall advise the Commission of the pub­ 3. To determine, in the light of the evi­thority, considered the captioned appli­ lication of such notice as required by dence adduced pursuant to the foregoing cations on April 22,1965; § 1.594(g) of the rules. issues, whether a grant of the application It appearing, that, except as indicated would serve the public interest, conven­ by the issues specified below, each of the Adopted: April 28, 1965. ience and necessity. applicants is legally, technically, finan­ Released: May 6, 1965. It is further ordered, That, Waco cially and otherwise qualified to con­ Broadcasting Co., licensee of Station struct and operate as proposed ; and Federal C ommunications WACO, is made a party to the proceed­ It further appearing, that the above- C o m m is s io n ,1 ing. . captioned applications are mutually ex­ [seal] B e n F. W a p l e , Secretary. It is further ordered, That the petition clusive in that concurrent operation to deny filed January 19, 1965 by Waco would result in mutually destructive in­ [PH. Doc. 65-5010; Filed, May 11, 1965; Broadcasting Company is granted to terference; and 8:48 a.m.] the extent indicated above and is denied It further appearing, that, in view of in all other respects. the foregoing, the Commission is unable [Docket No. 15997; FCC 65-374] It is further ordered, That in the event to make the statutory finding that a LAMPASAS BROADCASTING CORP. of a grant of the above application, the grant of the subject applications would (KCYL) construction permit shall contain the serve the public interest, convenience, following condition r Permittee shall ac­ and necessity and is of the opinion that Order Designating Application for cept such interference as may be imposed the applications must be designated for Hearing on Stated Issues by other existing 250 watt Class IV sta­ hearing in a consolidated proceeding on tions in the event they are subsequently the issues set forth below. In re application of: Lampasas B road­ authorized to increase power to 1000 It is ordered, That, pursuant to section casting Corp. (K C Y L ), Lampasas, Tex., watts. 309(e) of the Communications Act of Docket No. 15997, File No. BP-16383; It is further ordered, That, to avail 1934, as amended, the applications are Has: 1450 kc, 250 w, U, Class IV ; R e­ themselves of the opportunity to be designated for hearing in a consolidated quests: 1450 kc, 250 w, 1 kw -LS, U, Class heard, the applicant and party respond­ proceeding at a time and place to be IV; for construction permit. ent herein, pursuant to § 1.221(c) of the specified in a subsequent Order, upon the At a session of the Federal Communi­ Commission rules, in person or by attor­ following issues: cations Commission held at its offices in ney, shall, within 20 days of the mailing 1. To determine which of the opera­ Washington, D.C., on the 5th day of M ay of this Order, file with the Commission tions proposed in the above-captioned 1965; in triplicate, a written appearance stat­ applications would better serve the public The Commission having under consid­ ing an intention to appear on the date interest, in light of the evidence adduced eration the above-captioned and de­ fixed for the hearing arid present evi­ and the records made with respect to the scribed application; dence on the issues specified in this significant differences between the ap­ It appearing, that, except as indicated Order. plicants as to: by the issues specified below, the appli­ It is further ordered, That the appli­ (a) The background and experience of cant is legally, technically, financially, cant herein shall, pursuant to section each having a bearing on the applicant’s and otherwise qualified to construct and 311(a) (2) of the Communications Act of ability to own and operate the proposed operate as proposed; and 1934, as amended, and § 1.594 of the Com­ FM broadcast station. It further appearing, that Waco mission’s rules, give notice of the hear­ (b) The proposals of each of the appli­ Broadcasting Corp., licensee of Station ing, within the time and in the manner cants with respect to management and WACO, Waco, Tex., has filed a petition prescribed in such rule, and shall advise operation of the proposed station. to deny the above application on the the Commission of the publication of (c) The programing services proposed grounds that it would result in objec­ such notice as required by § 1.594(g) of i n each of the applications. tionable interference (10 kc removed) to the rules. 2. To determine, in the light of the the existing operation of Station W A C O ; evidence adduced pursuant to the fore­ and ’ Released: M ay 7,1965. going issue, which of the applications It further appearing, that the Comn F ederal C ommunications should be granted. on finds that the proposed operatior C o m m is s io n ,1 It is further ordered, That, to avail fo«? 0n 5 CYL would, in fact, cause [ s e a l ] B e n F . W a p l e , themselves of the opportunity to be jeciionable interference to W A C O ; ; Secretary. heard, the applicants herein, pursuant *7Urther appearing, that, in view to § 1.221(c) of the Commission rules, t ongoing, the Commission is uns [F.R. Doc. 65-5011; Filed, May 11, 1965'; 8:48 a.m.] in person or by attorney, shall, within 20 statutory finding tha days of the mailing of this Order, file ™ .°,f the subject application wo with the Commission in triplicate, a writ­ and i^klic interest, conveniei [Docket Nos. 15944-15946] ten appearance stating an intention to tha S SsltJ> and is of the opinion t appear on the date fixed for the hearing hpari^1Ca^on must be designated OCEAN COUNTY RADIO BROADCAST­ and present evidence on the issues speci­ °,n the issues set forth below ING CO. ET AL. fied in this Order. 309(0-, That> Pursuant to sect It is further ordered, That the appli­ 1904 aeof the Communications Act Order Designating Applications for cants herein shall, pursuant to section ignatM the application is c Consolidated Hearing on Stated 311(a) (2) of the Coiiimunications Act to be &t a time and pi Issues of 1934, as amended, and § 1.594 of the «Porftheupon the f(iued-mfollowing issues: a subsequent Or< Commission’s rules, give notice of the In re applications of Ocean County hearing, either individually or, if feasible tions wHpvTrmine the areas and popi Radio Broadcasting Co., Toms River, and consistent with the rules, jointly, l o s e Pe e?pected to gain N.J., Docket No. 15944, File No. BPH- within the time and in the manner pre­ operatiSr^ce from the propo 4078, Requests: 92.7 me, #224; 3 kw; scribed in such rule, and shall advise the 300 ft.; Seashore Broadcasting Corp., abilitJ of oth tl0n K C Y L and the av Commission of the publication of such weas and n!! 1Pr.mary service to S1 Toms River, N.J., Docket No. 15945, File notice as required by § 1.594(g) of the No. BPH-4632, Requests: 92.7 me, #224;. rules. operation^^S+f, whether the propo 3 kw; 300 ft.; Beach Broadcasting Corp., It is further ordered, That, the issues Toms River, N.J., Docket No. 15946, File °bjectionahi0Stati0n KCYL would ca in the above-captioned proceeding may No. BPH-4638, Requests: 92.7 me, #224; WACO Waco 4Sterfer5nce to Stat be enlarged by the Examiner, on his and extent tv, ’ ^e*'’ and> if so, the nat 3 k w (H ); 3 k w (V ); 300 ft.; for construc­ tion permits. own motion or on petition properly filed tions affectedr thereby,the2k areas and and the popi av by a party to the proceeding, and upon 1 Commissioners Bartley and Loevinger sufficient allegations of fact in support Commissioner Lee absent. absent. thereof, by the addition of the following 6552 NOTICES issue: To determine whether the funds Bernard J. Caughlin, General Manager, Port Dated: M ay 6,1965. available to the applicant will give rea­ of Los Angeles, Post Office Box 151, San Pedro, Calif., 90733. B y order of the Federal Maritime sonable assurance that the proposals set Commission. forth in the application will be effectu­ Agreement No. T-924-1, between the T homas Lisi, ated. City of Los Angeles (City) and National Secretary. Released : M ay 6,1965. Metal & Steel Corp. (Company), is a modification of approved agreement No. [P R . Doc. 65-4993; Piled, May 11, 1965' 8:46 a.m.] F ederal C ommunications T-924. C o m m is s io n , The original agreement, T-924, pro­ [ s e a l ] B e n F . W a p l e , vides for Company’s lease of certain [Pact Finding Investigation 5] Secretary. property at Los Angeles for the storage [F.R. Doc. 65-5012; Filed, May 11, 1965; of scrap metals and for the loading of TERMINAL PRACTICES 8:48 ajxx.] such metals into vessels. South Atlantic and Gulf Ports (From, The modification extends the terms But Excluding, Hampton Roads, of the agreement for an additional - 5- [Docket No. 15985; FCC 65M-569] year period. Va., to Brownsville, Tex.) WHOO RADIO, INC. (WHOO) Dated: M ay 7,1965. May 6, 1965. A hearing in this proceeding will be Order Scheduling Hearing By order of the Feder al Maritime Com­ held by the undersigned beginning at 10 mission. In re application of W HOO Radio, Inc. a.m., M ay 25, 1965, at Room 301, Federal (WHOO), Orlando, Fla., Docket No. T h o m a s L i s i , Building, Mobile, Ala. Secretary. 15985, File No. BP-13708; for construc­ The hearing will be public. tion permit. [F.R. Doc. 65-4992; Plied, May 11, 1965; James A. K empker, It is ordered, This 30th day of April 8:46 a.m.] Investigative Officer. 1965, that Basil P. Cooper shall serve as the presiding officer in the above-entitled [P.R. Doc. 65-4994; Piled, May 11, 1965; proceeding; that the hearings therein LYKES BROS. STEAMSHIP CO., INC., 8:46 am .] shall commence at 10 a.m. on June 23, AND MOORE-McCORMACK LINES, 1965; and that a prehearing conference INC. [Docket No. 65-13] shall be convened at 9 a.m. on May 21, 1965. And it is further ordered, That Notice of Proposed Cancellation of RATES ON U.S. GOVERNMENT all proceedings shall be held in the Agreement CARGOES Offices of the Commission, Washington, D.C. Notice is hereby given that a request Order of Investigation and Hearing for cancellation of the following agree­ Released: May 7, 1965. The Atlantic and Gulf American Flag ment, pursuant to section 15 of the Ship­ Berth Operators (AGAFBO) (Agree­ F ederal C ommunications ping Act, 1916, as amended (39 Stat. ment No. 8086-2), the West Coast Amer­ C o m m is s io n , 733, 75 Stat. 763,46 U.S.C. 814), has been ican Flag Berth Operators (Agreement [ s e a l ] B e n F. W a p l e , filed with the Commission. No. 8186), and the Trans-Pacific Amer­ Secretary. Interested parties may inspect and ob­ ican Flag Berth Operators (Agreement [P R . Doc. 65-5013; Piled, May 11, 1965; tain a copy of the agreement at the No. 8493), are ratemaking groups of 8:48 a.m.] .W ashington office of the Federal M ari­ common carriers that operate in the time Commission, 1321 H Street NW., foreign commerce of the United States. Room 301; or may inspect agreements Said conferences are'composed of Amer­ at the offices of the District Managers, ican flag lines which confer and act to­ FEDERAL MARITIME COMMISSION New York, N.Y., New Orleans, La., and gether to fix rates on U.S. Department San Francisco, Calif. Comments with of Defense (military) cargo. . .. . CITY OF LOS ANGELES AND NA­ reference -to an agreement including a As a result of information received oy TIONAL METAL AND STEEL CORP. request for hearing, if desired, may be the Commission, including public testi' Notice of Agreement Filed for submitted to the Secretary, Federal mony before Congressional Committees, Maritime Commission, Washington, D.C., a question has arisen as to whether in Approval 20573, within 20 days after publication of joint negotiation of rates on military Notice is hereby given that the follow­ this notice in the F ederal R egister. A cargo has resulted in fair and reasona ing Agreement has been filed with the copy of any such statement should also rates on said cargo, whether the ope • Commission for approval pursuant to be forwarded to the party filing the tion of each of said agreements section 15 of the Shipping Act, 1916, as agreement (as indicated hereinafter) resulted in fairness to the U.S. Govern­ amended (39 Stat. 733, 75 Stat. 763, 46 and the comments should indicate that ment and each of its shipping agen - U.S.C. 814). this has been done. whether each of said agreements Interested parties may inspect and ob­ Notice of requests for cancellation of operated in the public interest, tain a copy of the agreement at the transhipment agreements filed by: whether each of said agreements _ W ashington office of the Federal M ari­ Mr. W. H. Hagan, Jr., operated in a manner consistent wi time Commission, 1321 H Street NW„ Traffic Manager, African Line, the provisions of the Shipping Ac • Room 301; or may inspect agreements at Commerce Building, Additionally, a commodity on the offices of the District Managers, 821 Gravier Building, said conferences fix rates is that o New Orleans, La. 70112. New York, N.Y., New Orleans, La., and tary household goods. There is^som■ San Francisco, Calif. Comments with Agreement 8443, between Lykes Bros. dication that all or some of said reference to an agreement including a Steamship Co., Inc. and Moore-McCor- ences or .their member lines actmg request for hearing, if desired, may be mack Lines, Inc., covers a transhipment jointly have agreed to cha,rg® nPsored submitted to the Secretary, Federal arrangement in the trade from Mada­ rates on U.S. Governnaerit-sp ^ Maritime Commission, Washington, D.C., gascar ports to U.S. Gulf ports with tran­ nonmilitary household ®00^s agree- 20573, within 20 days after publication of shipment at African ports east of Cape­ scope of their approved c0.n^ e +1nn ^at this notice in the F ederal R e g ist e r . A town, South Africa. ments. There is also copy of any such statement should also Agreement 8465, between Lykes Bros. the special rates charged shP not be forwarded to the party filing the Steamship Co., Inc. and Moore-McCor- nonmilitary household goods ^ agreement (as indicated hereinafter), mack Lines, Inc., covers a transhipment been filed with the Federal Mane® and the comments should indicate that arrangement in the trade from U:S. Gulf Commission. , : +ï.Qt certain this has been done. ports to Madagascar ports with tran­ There is further evidence that, Notice of agreement filed for approval shipment at African ports east of Cape­ by: town, South Africa. Wednesday, M ay 12, 1965 FEDERAL REGISTER 6553 sponsored, nonmilitary household goods, with other member lines acted to ex­ States Marine Lines— Joint Service (Agree­ ments 8186 and 8493), (1) States Marine shipped by private van lines on through clude Sapphire from the carriage of goods in violation of section 14 Second. Lines, Inc.; (2) Global Bulk Transport Inc.; Government Bills of Lading, which rates c/o States Marine-Isthmian Agency, Inc., are higher than those rates charged (8) Whether the rates on household 100 Bush Street, San Francisco, Calif. comparable shipments of military goods filed by Sapphire Steamship Lines States Steamship Co. (Agreement 8186), 320 household goods under circumstances are so unreasonably low as to be detri­ California Street, San Francisco, Calif., substantially the same. mental to the commerce of the United 94104. AGAPBO filed reduced rates on house­ States in violation of section 18 (b) (5). Waterman Steamship Corp. (Agreements 8186 hold goods which became effective Therefore, it is ordered, That the Com­ and 8493), Waterman Corp. of California, 310 Sansome Street, San Francisco, Calif. March 29, 1965, and are to remain in mission, on its own motion pursuant to effect for a period of 30 days unless ex­ the provisions of sections 15 and 22 of Agreement No. 8086—Atlantic & Gulf tended. Public charges have been made the Shipping Act, 1916, enter upon an American-Flag Berth Operators Agreement. that these reduced rates are for the investigation to determine whether the R. L. Hansen, Secretary, 80 Broad Street, purpose of preventing the entry or rates and practices of the three con­ New York, N.Y., 10004. causing the retirement from the trade ferences and/or their member lines vio­ Alcoa Steamship Co., Inc., 17 Battery Place, New York, N.Y., 10004. of Sapphire Steamship Lines, an Ameri­ late sections 14 Second, 15, 16 First, 17, American Export Isbrandtsen Lines, Inc., 26 can flag line which is not a member of 18 (b) (3) and 18 (b) (5) of the Shipping Broadway, New York, N.Y., 10004. AGAPBO. A representative of AGAFBO Act, 1916, and whether the agreements of American President Lines, Ltd., 29 Broadway, publicly acknowledged that said reduced the conferences should continue to be New York, N.Y., 10006. rates may not be “fair, reasonable or approved in accordance with the pro­ American Union Transport, Inc., 17 Battery compensatory”. visions of section 15; and whether the Place, New York, N.Y., 10004. AGAPBO representatives have indi­ rates of Sapphire Steamship Lines vio­ Bloomfield Steamship Co., 213 International cated that their rate reductions were re­ late section 18(b) (5) ; Trade Mart, New Orleans, La., 70130. Central G ulf Steamship Corp., One White­ It is further ordered, That the con­ quired in order to remain competitive hall Street, New York, N.Y., 10004. with household goods rates filed by Sap­ ferences and carriers listed in Appendix Farrell Lines Inc., One Whitehall Street, New phire Steamship Lines. Said officials A below be made parties respondent in York, N.Y., 10004. have further alleged that the rates on this proceeding; and Grace Line, Inc., Three Hanover Square, New household goods of Sapphire Steam­ It is further ordered, That this pro­ York, N.Y., 10004. ship Lines are unfair, non-compensatory ceeding be assigned for public hearing Great Lakes Bengal Lines, Inc., J. J. and detrimental to U.S. commerce. before an examiner of the Commission’s Georgelis, Inc., General Agents, One In consideration of the above, the Office of Hearing Examiners and that the Whitehall Street, New York, N.Y., 10004. Isthmian Lines, Inc., States Marine-Isth­ Commission is of the opinion that an hearing be held at a date and place to mian Agency, Inc., 90 Broad Street, New investigation should be initiated to de­ be determined and announced by the York, N.Y., 10004. termine: presiding examiner; and that the pro­ Lykes Bros. Steamship Co., Inc., 17 Battery (1) Whether any of the said agree­ ceeding be expedited; Place, New York, N.Y., 10004. ments has operated in a manner which is It is further ordered, That notice of Matson Navigation Co., 630 Fifth Avenue, unjustly discriminatory or unfair to the this Order be published in the F ederal New York, N.Y., 10020. Moore-McCormack Lines, Inc., Two Broad­ Ü.S. Government or to any of its ship­ R egister and that a copy thereof and way, New York, N.Y., 10004. ping agencies or between carriers or notice of hearing be served upon re­ Pacific Seafarers/ Inc., J. J. Georgelis, Inc., has operated to the détriment of the spondents; and One Whitehall Street, New York, N.Y., Commerce of the United States, or is It is further ordered, That any person, 10004. contrary to the public interest, or is in other than respondents, who desires to Prudential Steamship Corp., One Whitehall « i o n of the Shipping Acts; and become a party to this proceeding and Street, New York, N.Y., 10004. whether in view of such findings each to participate therein, shall file a peti­ States Marine_Lines— Joint Service, (1) of said agreements should receive con­ tion to intervene with the Secretary, States Marine Lines, Inc.; (2) Global Bulk tinued approval, be modified or cancelled Federal Maritime Commission, Wash­ Transport Inc.; c/o States Marine-Isthmian Agency, Inc., 90 Broad Street, New York, Pursuant to standards of section 15. ington, D.C., 20573, on or before May 21, N.Y., 10004. nr «I ^^ether any of said conferences 1965, with copy to parties. T. J. Stevenson & Co., Inc. (Stevenson Lines), or the member lines acting jointly have And it is further ordered, That all 80 Broad Street, New York, N.Y., 10004. any agreement before it has future notices issued by or on behalf of United States Lines Co., One Broadway, New , e.d with and approved by the the Commission in this‘proceeding» in­ York, N.Y., 10004. ommissmn in violation of section 15. cluding notice of time and place of hear­ Waterman Steamship Corp., 19 Rector Street, New York, N.Y., 10006. nf J.^i^h er any of the member lines ing or prehearing conference, shall be Sapphire Steamship Lines, Inc;, 250 Fifth whinh Conferences have charged rates mailed directly to all parties of record. Avenue, New York, N.Y. iiicfi« âJe ^duly, unreasonably, or un- By the Commission. [F.R. Doc. 65-4995; Filed, May 11, 1965; nonmiiiiSCnl?inatory wittl asp ect to 8:46 a.m.] bv thn ttcT household goods sponsored [ s e a l ] T h o m a s L i s i , Driven Y'S- ?overnment and shipped by Secretary. i6 First and 17 6S’ *n v*°*a^ on of sections Appendix A / Agreement No. 8186— West Coast-Americàn FEDERAL POWER COMMISSION of(L WÎ et? er any the member lines Flag Berth Operators Agreement. . (Docket No. RP64-9 etc.] on nonmni?renues have charged rates Agreement No. 8493— Trans-Pacific Ameri- r a t e ? S ai7 household goods, which can-Flag Berth Operators Agreement. CITIES SERVICE GAS CO. ET AL. Federal pr°Perly on file with the A. R. Page, Secretary, Seven Front Street, Notice of Extension of Time San Francisco, Calif., 94111. “« oîÆ u k w $ “m‘SSi0n - ï ‘0la- American Export Isbrandtsen Lines, Inc. M a y 4,1965. goods Sï?î;er rates on household (Agreement 8186), 150 California Street, In the matter of Cities Service Gas Co., Sblv w y AGAPBO are so unrea- San Francisco, Calif. Docket No. RP64-9, Columbian Fuel commernocommiL?®,“ to.!le 06 aetrimentaldetrimental to th

Specifically, Applicant proposes to Potomac Light and Power Co. (corre­ 845, and will be financed from funds construct and operate 24 miles of 30-inch spondence to: Carroll E. Summers, Sec­ available for this purpose. pipeline loop in northern Kansas and a retary, Potomac Light and Power Co., Protests or petitions to intervene may 2 000 horsepower compressor uiflf addi­ 200 East Patrick Street, Frederick, Md.) be filed with the Federal Power Commis­ tion at Ogden, Iowa. The total cost of for a license for constructed Project No. sion, Washington, D.C., 20426, in accord­ the project is estimated to be $3,236,000, 2516, known as Dam No. 4 Hydro Station, ance with the rules of practice and pro­ and it is to be financed from cash on located on the Potomac River, in Berke­ cedure (18 C F R 1.8 or 1.10) on or before hand, reserve accruals and retained ley County, W- Va., near the town of M ay 28, 1965. Shepherdstown. earnings. J o s e ph H . G u t r id e , The existing project, which derives its Applicant requests authorization to Secretary. supply the following existing customers power supply from a U.S. owned dam, the increased contract demand volumes consists o f: A head race 230 feet long and [F.R. Doc. 65-5032; Filed, May 11, 1965; 8:48 am .] indicated: 50 feet wide; a stone and reinforced con­ M cf crete powerhouse containing two 500 kw. Town of Harlan, Iowa------400 horizontal generators driven by two 670 Iowa Southern Utilities Co— ------70 hp. horizontal water wheels; a tailrace Northern States Power Co------. 9, 005 about 80 feet wide and 600 feet long; HOUSING AND HOME Peoples Natural Gas Division______7,700 and all other electrical and mechanical Town of Remsen, Iowa______— ------50 facilities appurtenant to the operation of FINANCE AGENCY Superior Water, Light' and Power Co_ 1, 500 the project. Town of Watertown, S. Dak______400 Office of the Administrator Iowa Power and Light Co______2,000 Protests or petitions to intervene may Metropolitan Utilities District____ (2, 000) be filed with the Federal Power Commis­ REGIONAL ADMINISTRATORS sion, Washington, D.C., 20426, in accord­ Delegation of Authority With Respect Total increase______19,125 ance with the rules of practice and pro­ cedure of the Commission (18 CFR 1.8 or to Loans for Housing for the Elderly The application states that 9,240 M cf 1.10) i The last day upon which protests or Handicapped of the increase will be resold by the dis­ or petitions may be filed is June 21,1965. tributors to new and existing large vol­ Each Regional Administrator of the The application is on file with the Com­ ume industrial customers, as will 100 M cf Housing and Home Finance Agency is mission for public inspection. of existing contract demand of Peoples hereby authorized under section 202 of Natural Gas Division. The remaining J o s e ph H. G u t r id e , the Housing Act of 1959, as amended (73 9,885 Mcf of increased volumes will be ||§p Secretary. Stat. 667, as amended, 12 U.S.C. 1701q) : used by the distributors to meet growth [F.R. Doc. 65-4967; Filed, May 11, 1965; 1. To execute loan agreements and requirements of the communities which 8:45 a.m.] regulatory agreements and amendments they serve. or modifications of loan agreements and Protests or petitions to intervene may regulatory agreements. be filed with the Federal Power Commis­ [Docket No. CP65-343] 2. To authorize an increase of not to sion, Washington, D.C., 20426, in accord­ exceed 10 pfercent in the amount of the ance with the rules of practice and pro­ ILLINOIS POWER CO. loan and to authorize such amendment of cedure (18 CFR 1.8 or 1.10) and the Notice of Application the loan agreement as is necessary to regulations under the Natural Gas Act effectuate the authorized increase in the (157.10) on or before June 1, 1965. M a y 3,1965. amount of the loan. ,, further notice that, pursuant to Take notice that on April 27, 1965, 3. To execute amendments or modifi­ the authority contained in and subject Illinois Power Co. (Applicant), 500 South cations of notes, mortgages, and other tpthe_jurisdiction conferred upon the 27th Street, Decatur, 111., 62525, filed in collateral security instruments. jeaeral Power Commission by sections 7 Docket No. CP65-343 an application pur­ 4. To redelegate to the Regional Di­ ana 15 of the Natural Gas Act and the suant to section 7(a) of the Natural Gas rector of Community Facilities the au­ '^mission’s rules of practice and p ro- Act for an order of the Commission di­ thority delegated herein except the au­ «aure, a hearing will be held without recting Mississippi River Transmission thority to authorize an increase in the tHiTer before the Commission on Corp. (M RTC), to establish physical amount of the loan; t application if no protest or petition connection of its natural gas transmis­ 5. In the case of the Regional Ad­ m„Ser! ene. 15 filed witWn the time re- sion facilities with the facilities proposed ministrator, Region VI (San Francisco), it« ^er?m» and the Commission on to be constructed by Applicant, and to to redelegate to the Director for North­ CTanTVf7leW °f the matter finds that a sell and deliver natural gas to Applicant- west Operations, Region VI, at Seattle, rmhiin°Lthe certificate is required by the for resale and distribution in the village Wash., any of the authority delegated L i Wnven.lf:nce and necessity. I f a of Valmeyer and environs, Monroe herein. is tion.for leave to intervene County, Illinois, all as more fully set This delegation supersedes the delega­ its ow /f or if. the Commission on forth in the application which is on file tion effective May 5, 1964 (29 F.R. 5921, hearing ?*oblon believes that a formal with the Commission and open to public M ay 5, 1964). such h*a^ reqaired> further notice of inspection. Will be duly given. (62'Stat. 1283 (1948), as amended by 64 Stat. Applicant proposes to construct a dis­ 80 (1950), 12 U.S.C. 1701c) for unip« ,£rocedure herein provided tribution system in Valmeyer, 111., for the Effective as of the 8th day of July 1964. unneSfrv0? 6^ 6 advised- it will be resale of natural gas to residential and be represp/f,A,Pplicant to appear or [ s e a l ] R o bert C. W eaver, presented at the hearing. commercial customers. Applicant also requests that MRTC construct a sales Housing and Home Finance Joseph H . G u t r id e , station to service the proposed connec­ Administrator. Secretary. tion. [P.R. Doc. [F.R. Doc. 65-4985; Filed, May 11, 1965; 65-4966; Piled, May 11, 1965; The total estimated volumes of natural 8:46 a.m.] ^ 8:45 a.m.] - gas involved to meet Applicant’s annual and peak day requirements for the com­ munity for the initial 3-year period of [Project No. 2516] proposed operations are stated to be: FEDERAL RESERVE SYSTEM o t o m a c l i g h t a n d p o w e i CHASE MANHATTAN BANK First Second Th ird 0t,Ce ^ Application for Liter year year year Applications for Unlisted Trading Constructed Project Privileges Annual (Mcf)______4,104 14,322 17,814 Public . , May 4’ 1S Peak day (Mcf)______122.2 171.5 225.0 Notice is hereby given that the Boston Plication S h L n ï f ri by given tha Stock Exchange and Philadelphia-Balti- The total estimated cost of Applicant’s more-Washington Stock Exchange, both * * * Act ^ T v l^ m ^-825r: Fe( No. 9i_ proposed distribution system is $233,- of which are national securities ex- 6556 NOTICES

changes, have applied to the Board of It is ordered, Pursuant to sections $1,782,000 and there are approximately Governors, pursuant to sections 12(f) 15(c)(5) and 19(a)(4) of the Securities 1,000 stockholders or holders of an inter­ and 12 (i) of the Securities Exchange Act Exchange Act of 1934, that trading in est in the dissolved Corporation. The of 1934 (15 U.S.C. 781), for unlisted trad­ such securities on" thev American Stock Liquidating Trustees state they or the ing privileges as to the capital stock of Exchange, the Philadelphia-Baltimore- company are not engaged in any busi­ The Chase Manhattan Bank, which se­ Washington Stock Exchange and other­ ness either intrastate or interstate but curity is listed and registered on the New wise than on a national securities ex­ are merely preparing to make a final York Stock Exchange, a. national change be summarily suspended, this liquidation of the net assets to the stock­ securities exchange. order to be effective for the period May holders. In determining whether to grant the 7.1965, through M ay 16, 1965, both dates 3. The stockholders, other than Em­ applications, the Board is required by inclusive. erson, hold 2 percent of the outstanding shares which the Trustees state has a net section 12(f) (2) of the Act to determine By the Commission. whether the requested unlisted trading worth of approximately $35,000. privileges are necessary or appropriate [ s e a l ] O rval L. D u B o is , 4. The Trustees expect to make a final in the public interest or for the protec­ Secretary. distribution of the net assets by the end tion of investors. [F.R. Doc. 65-4956; Filed, May 11, 1965; of the present calendar year. Two mat­ Upon receipt of a request from any 8:45^,.m.] ters are pending which require resolu­ interested persoA, on or before May 24, tion prior to such distribution; namely: 1965, for a hearing on the applications, (a ) The settlement.of a U.S. Government [File No. 01-29] the Board will determine whether to contract claim which ERT has against order such a hearing. Any such request ERT CORP. the U.S. Government where payments should state the nature of the interest of are to be made to ERT and (b) the com­ the person making the request' and the Notice of Application and pletion of the Federal income tax ex­ position he proposes to take at the hear­ Opportunity for Hearing amination of E R T for the years 1961 to ing, if a hearing is held. In addition, on date. M a y 5,1965. or before the specified date any interested For a more detailed statement of the person may submit his views or any addi­ Notice is hereby given that ERT Corp. information presented, all persons are tional information bearing on the ap­ (Company) , Jersey City 2, N.J., has filed referred to said application which is on plications. Communications should be an application pursuant to section 12(h) file in the offices of the Commission at addressed to the Secretary, Board of of the Securities Exchange Act of 1934, 425 Second Street NW ., Washington, D.C. Governors of the Federal Reserve Sys­ as amended (Act), for a finding that by Notice is further given that any inter­ tem, Washington, D.C.,' 20551. At any reason of the limited amount of trad­ ested person may, not later than May time after the specified date, an order ing interest in its securities and the na­ 25, 1965, submit to the Commission in disposing of the applications may be ture and extent of its activities an ex­ writing his views or any additional facts issued by the Board upon the basis of emption from the registration provisions bearing upon this application or the the information presented therein and of sec. 12(g) of the Act would not be desirability of a hearing thereon. Any other available information. inconsistent with the public interest or such communication or request should the protection of investors. Exemption be addressed: Secretary, Securities and Dated at Washington, D.C., this 6th from section 12(g) will have the addi­ Exchange Commission, 425 Second Street day of May 1965. tional effect of exempting the company N W ., Washington, D.C., 20549, and By order of the Board of Governors. from sections 13 and 14 of the Act and should state briefly the nature of the any officer, director or beneficial owner interest of the person submitting such [ s e a l] M er r it t S h e r m a n , of more than 10 percent of the Com­ information or requesting a hearing, the Secretary. pany’s securities from section 16 thereof. reason for such request, and the issues of [F.R. Doc. 65-4982; Filed, May 11, 1965; Section 12(g) of the Act requires the fact and law raised by the application 8:46 a.m.] registration of the equity securities of which he desires to controvert. At any every issuer which is engaged in or in time after said date, an order granting a business affecting interstate commerce, the application may be issued by the or whose securities are traded by use of Commission unless an order for hearing SECURITIES AND EXCHANGE tlje mails or any means or instrumen­ upon the application is issued upon re­ tality of interstate commerce and, on the quest or upon the Commission’s own 'COMMISSION last day of its fiscal year, had total as­ motion. sets exceeding $1,000,000, and a class By the Commission. [File No. 1-3421] equity security held of record initially [ s e a l] O rval L. D uBois, CONTINENTAL VENDING MACHINE by 750 or more persons, and after July Secretary. 1.1966, by 500 or more persons. CORP. Section 12(h) empowers the Commis­ [F.R. Doc. 65-4957; Filed, May H, 1965, Order Suspending Trading in sion to exempt, in whole or in part, any 8:45 ajn.] issuer or class of issuers from registra­ Securities tion, periodic reporting, and proxy solic­ [F ile Nos. 01-10—01-18] itation provisions and to grant exempt- M a y 6,1965. tions from insider reporting and trading TTSBURGH, YOUNGSTOWN, AND The common stock, 10 cents par value, provisions of the Act if the Commission SHTABULA RAILWAY CO. & A • of Continental Vending Machine Corp., finds, by reason of the number of public being listed and registered on the Amer­ investors, amount of trading interest in Notice of Applications and ican Stock Exchange and having un­ the securities, the nature and extent of Opportunity for Hearing listed trading privileges on the Philadel- the activities of the issuer, or otherwise, May 5, l965' phia-Baltimore-Washington Stock Ex­ that such exemption is not inconsistent change and the 6-percent convertible with the public interest or the protection :n the matter of The subordinated debentures due Septem­ of investors. ungstown, and Ashtabula Ita jj ber 1, 1976 being listed and registered on The Company’s and Trustee’s applica­ ile No. 01-10); Erie and W ™ . the American Stock Exchange, pursuant tion states, in part: ilroad Co. (File No. 01 -ID » (pile to provisions of the Securities Exchange 1. The company, a Delaware corpora­ jlphia and Trenton R a i h o a d C - ^ Act of 1934; and tion, is a 98-percent owned subsidiary . 01-12); The Northern Cengelvelaiid It appearing to the Securities and Ex­ of Emerson Radio and Phonograph y Co. (File No. 01-43), The ^ No change Commission that the summary Corp. (Emerson), a New York corpora­ i Pittsburgh RailroadToV°'v Railroad suspension of trading in such securities tion. The company was legally dissolved -14); The United New Jenr.se^ ) . West on such Exchanges and otherwise than under the laws of Delaware on May 8, i Canal Co. (File (File on a national securities exchange is re­ 1964. •sey and Seashore Rai!road ^ d ^ . •oit+oViurffh. Fort wayw, quired in the public interest and for the 2. The Liquidating Trustees hold as­ protection of investors: ' sets having a net worth of approximately Wednesday, M ay 12, 1965 FEDERAI REGISTER 6557

Elmira and Williamsport Railroad Co. are aware of these practices and have standing securities are beneficially owned (Pile No. 01-18). consented and agreed thereto. The ap­ by not more than 100 persons. Notice is hereby given that each of the plicants have undertaken, beginning in Section 3(c)(1) of the Act provides above-named companies and The Penn­ 1966, to send to each registered stock­ that any issuer whose outstanding se­ sylvania Railroad Co. ( “Pennsylvania”) , holder with the notice of each annual curities are beneficially owned by not have submitted applications to the Se­ meeting a copy of its customary financial more than 100 persons and which is not curities and Exchange Commission seek­ statement containing its balance sheet making and does not presently propose ing exemptions under section 12(h) of and income items. to make a public offering of its securities the Securities Exchange Act of 1934 For a more detailed statement of the is not an investment company within (Act), from the requirements of section information presented, all persons are the meaning of the Act. 14(c) of the Act, for and in connection referred to said applications which are Notice is further given that any inter­ with any annual or other meeting of the on file in the offices of the Commission ested person may, not later than M ay 26, stockholders of such companies at which at 425 Second Street NW., Washington, 1965, at 5:30 pm., submit to the Com­ the only actions to be taken are the elec­ D.C. mission in writing a request for a hear­ tion of directors and/or such other ac­ Notice is further given that an order ing on the matter accompanied by a tion as does not directly or indirectly granting the application upon such terms statement as to the nature of his inter­ affect the interest of the holders of such and conditions as the Commission may est, the reason for such request and the stock in said companies. deem necessary or appropriate may be issues of fact or law proposed to be con­ Section 12(h) of the Act permits the issued by the Commission at any time troverted, or he may request that he be Commission, upon application of an in­ on or after May 25, 1965, unless prior notified if the Commission shall order terested person, by order, after notice thereto a hearing is ordered by the Com ­ a hearing thereon. Any such communi­ and opportunity for hearing, to exempt mission. Any interested person may not cation should be addressed: Secretary, in whole or in part any issuer or class of later than M ay 25, 1965, at 5:30 p.m. Securities and Exchange Commission, issuers from section 14 upon such terms submit to the Commission in writing his Washington, D.C., 20549. A copy of and conditions and for such period as it views or any additional facts bearing such request shall be served personally deems appropriate, if the Commission upon the application or the desirability or by mail (airmail if the person be­ finds, by reason of the number of public of a hearing thereon, or request the ing served is located more than 500 investors, amount of trading interest in Commission in writing that a hearing miles from the point of mailing) upon the securities, the nature and extent of be held thereon. Any such communica­ applicant at the address stated above. the activities of the issuer, income or tion or request should be addressed to the Proof of such service (by affidavit or in assets of the issuer, or otherwise, that Secretary, Securities and Exchange Com­ case of an attorney-at-law by certificate) such action is not inconsistent with the mission, Washington, D.C.,. 20549, and shall be filed contemporaneously with public interest or the protection of should state briefly the nature of the the request. At any time after said date, investors. interest of the person submitting such as provided by Rule 0-5 of the rules and According to the applications, all of information or requesting a hearing, the regulations promulgated under the Act, the property of each company is oper­ reason for such request and the issues of an order disposing of the application ated by Pennsylvania as Lessee under fact or law raised by the application herein may be issued by the Commission leases dated at various years from 18'n) which he desires to controvert. The ap­ upon the basis of the information stated to*1911, for terms of 999 years under plicants waive such notice and opportu­ in said application, unless an order for which the rental paid annually by Penn­ nity for hearing, but only if the Com­ hearing upon said application shall be sylvania is an amount sufficient to pay mission finds itself unable to grant the issued upon request or upon the Com­ the fixed rate of dividend on stock owned application. mission’s own motion. by persons other than Pennsylvania and By the Commission. For the Commission (pursuant to dele­ a sum sufficient to cover the expense o f gated authority). mamtaining each of the organizations, [ s e a l] " O rval L. D u B o is , in«? j°ard Directors of each company Secretary. [ s e a l ] O rval L. D u B o is , deludes officers of Pennsylvania and Secretary. p Persons chosen and nominated by JF.R. Doc. 65-4958, Filed, May 11, 1965; 8:45 a.m.] [FJt. Doc. 65-4959; Filed, May 11, 1965; nnsylvania. In addition, the officers 8:45 a.m.] Pont i c®mPany are also officers of &r'!tf^Vama and- they received no sep- [811-412] offirpff0#lpeii?a^ion in their capacity as INTERSTATE COMMERCE officers of such companies. SECURITY TRUST ASSOCIATES ins voHC°mpany Presently has outstand- onpnrn!!f ^unties of various classes Notice of Filing of Application for COMMISSION the which are registered with Order Declaring Company Has FOURTH SECTION APPLICATION FOR sion and Exchange^ Commis- Ceased To Be an Investment Com­ RELIEF cu riiS fS S *t0 section 12(b) of the Se- pany S Act of 1934> and listed M a y 7, 1965. adelphk^Qt? the New York or the Ph il- M a y 6, 1965. Protests to the granting of an appli­ atomore-Washington Stock Notice is hereby given that Security cation must be prepared in accordance P em S t8- • As of November 30, 1964, Trust Associates (“applicant”), One with Rule 1.40 of the general rules of P e S afmoa °*h e d from 52.78 to 92.86 Court Street, Boston 8, Mass., a trust cre­ practice (49 C FR 1.40) and filed within such perr-p^k securities representing ated under the laws of the State of Mas­ 15 days from the date of publication of Power in sucht?GS ° f the total voting sachusetts and a management open-end, this notice in the F ederal R eg iste r . Eaj>h su°h companies. diversified investment company regis­ L o n g - a n d -S h o r t H a u l containingmfla^y annual reports tered under the Investment Company gether w^th S S f Clal information to- Act of 1940 (“Act”) , has filed an appli­ FS A No: 39750— Fertilizer products the Interstate Slgnificant data with cation and an amendment thereto pur­ from Steeltown, Tex. Filed by South­ and with thic Cominerce Commission suant to section 8(f) of the Act for an western Freight Bureau, agent (No. B - Pany either lo M mmissi0n- Each com­ order declaring that applicant has ceased 8722), for interested rail carriers. Rates peting or mihilSv,notice of its annual to be an investment company as defined on fish scrap, dry, not ground or pul­ newspaper ™~Shes such notice in a in the Act. All interested persons are verized, or acid fish scrap, in carloads, No Proves S P R^ ed by ^ By-Laws, referred to the application on file with from Steeltown, Tex., to points in Illi­ ers and s i eL i C ted from stockhold- the Commission for a full statement of nois, Iowa, Missouri, and Wisconsin. 5nancial s t a t e S f11^ send its annual the representations contained therein. Grounds for relief— Market competi­ 1 folders while nthpv ^ its registered Applicant represents that it is not of­ tion. statements uoon vLCOm?anies send such fering its securities to the public; that it Tariff— Supplement 126 to Southwest­ tlQh states that thoqUeSt' Each applica­ does not presently propose a public offer­ ern Freight Bureau, agent, tariff I.C.C. n t the respective Exchanges ing of its securities; and that its out­ 4422. 6558 NOTICES

By the Commission. the carrier is presently authorized to Mo., over Missouri Highway 33 to La­ transport the same commodities over per­ throp, Mo., thence over Missouri High­ [ s e a l] B erth a P. A r m e s, tinent service routes as follows: (1) way 116 to junction U.S. Highway 69, Acting Secretary. From Kansas City, Mo., over U.S. High­ thence over U.S. Highway 69 to Cameron! [F.R. Doc. 65-4996; Filed, May 11, 1965; way 169 to junction Missouri Highway Mo., and thence over U.S. Highway 36 to 8:47 a.m.] 116, and thence over Missouri Highway Hannibal, Mo., and (3) from Hannibal, 116 to Plattsburg, Mo.; (2) from St. Mo., over U.S. Highway 61 to Rock Is­ [Notice 351] Joseph, Mo., over U.S. Highway 169 to land, 111., and return over the same routes junction Missouri Highway 116, and for operating convenience only. The no­ MOTOR CARRIER ALTERNATE ROUTE thence over Missouri Highway 116 to tice indicates that the carrier is pres­ DEVIATION NOTICES Lathrop, Mo.; (3) from St. Joseph, Mo., ently authorized to transport the same over U.S. to junction Mis­ commodities over pertinent service routes M a y 7, 1965. souri Highway 27, and thence over Mis­ as follow: (1) Between junction U.S. The following letter-notices of propos­ souri Highway 27 to Hopkins, Mo.; and Highway. 66 and U.S. Highway 24 near als to operate over deviation routes for (4) from Maryville, Mo., over U.S. High­ Chenoa, 111., and Kansas City, Mo., over operating convenience only have been way 71 to Clarinda, Iowa, thence over U.S. Highway 24; (2) between Chenoa, filed with the Interstate Commerce Com­ Iowa to Shenandoah, Iowa, 111., and junction U.S. and mission, under the Commission’s Devia­ thence over U.S. Highway 59 to Emerson, Alternate U.S. Highway 66 over IJ.S. tion Rûles Revised, 1957 (49 C PR 211.1 Iowa, thence over U.S. to Highway 66, and (3) between Peoria, 111., (c) (8) ) and notice thereof to all inter­ Glenwood, Iowa, and thence over U.S. and Rock Island, 111., over U.S. Highway ested persons is hereby given as pro­ Highway 275 to Omaha, Nebr., and re­ 150. vided in such rules (49 C FR 211.1(d) turn over the same routes. ^ M otor C arriers of P assengers (4 M , No. MC 52110 (Deviation No. 1), Protests against the use of any pro­ BRADY MOTORFRATE, INC., Sixth No. M C 1515 (Deviation No. 249), posed deviation route herein described and University, Des Moines, Iowa, 50314, G R E Y H O U N D LINES, INC. (Eastern Di­ may be filed with the Interstate Com­ filed April 26, 1965. Carrier proposes to vision) , 1400 W est Third Street, Cleve­ merce Commission in the manner and operate as a common carrier, by motor land, Ohio, 44113, filed April 28, 1965. form provided in such rules (49 C PR vehicle, of-general commodities, with cer­ Carrier proposes to operate as a common 211.1(e) ) at any time, but will not oper­ tain exceptions, over a deviation route carrier, by motor vehicle, of passengers ate to stay commencement of the pro­ as follows: Prom junction Indiana High­ and their baggage, and express and posed operations unless filed within 30 way 39 and U.S. over In­ newspapers in the same vehicle with pas­ days from the date of publication. diana Highway 39 to the Indiana-Mich- sengers over deviation routes as follows: Successively filed letter-notices of the igan State line, thence over Michigan (1) Prom junction Massachusetts High­ same carrier under the Commission’s De­ Highway 239 to junction Interstate High­ way 9 and Interstate Highway 495 (ap­ viation Rules Revised, 1957, will be num­ way 94, and thence over Interstate High­ proximately 4 miles northeast of West- bered consecutively for convenience in way 94 to Detroit, Mich., and return over borough, Mass.) over Interstate High- identification and protests if any should the same route, for operating conven­ way 495 to junction Interstate Highway refer to such letter-notices by number. ience only. The notice indicates that the 93 (at Interchange No. 32), thence oyer carrier is presently authorized to trans­ Interstate Highway 93 to junction M otor C arriers o f P r o pe r ty port the same commodities over perti­ Massachusetts Highway 113 (northwest No. MC 26739 (Deviation No. 14), nent service routes as follows: (1) From of Methuen, M ass.), thence over Massa­ CROUCH BROS., INC., Transport Build­ Chicago, 111., over U.S. to chusetts Highway 113 to junction Inter­ ing, St. Joseph, Mo., 64501, filed April 26, Michigan City, Ind., thence oVer U.S. state Highway 495 north of Lawrence,. 1965. Carrier proposes to operate as a to junction U.S. Highway 20, Mass., thence over Interstate Highway common carrier, by motor vehicle, of and thence over U.S. Highway 20 to 495 to junction Massachusetts Highway general commodities, with certain ex­ South Bend, Ind.; (2) from South Bend, 110 at Merrimac, Mass., thence over ceptions, over a deviation route as fol­ Ind., over U.S. Highway 20 to Elkhart, Massachusetts Highway HO to junction lows: Prom St. Joseph, Mo., over U.S. Ind., and thence over Indiana Highway Interstate Highway 95 (southeast oi Highway 36 to junction U.S. Highway 73, 120 to Bristol, Ind.; (3) from Elkhart, AmSsbury, Mass.), and thence over and thence over Ü.S. Highway 73 to Ind., over Indiana Highway 19 to the terstate Highway 95 to Portsmouth, •> Omaha, Nebr., and return over thé same Indiana-Michigan State line, thence and return over the same route for p route, for operating convenience only. over Michigan Highway 205 to junction erating convenience only, and _ The notice indicates that the carrier is. U.S. Highway 12 (formerly U.S. High­ tween junction Massachusetts Hig presently authofized to transport the way 112), thence over U.S. Highway 12 110 and Interstate Highway 95 (s same commodities over pertinent service through Mottville, Mich., to Ypsilanti, east of Amesbury, Mass.) and Saks . routes as follows: From St. Joseph, Mo., Mich, (also from Elkhart oyer Indiana Mass., over Massachusetts Highw y * over U.S. Highway 71 to junction Mis­ Highway 120 to Bristol, thence over In­ for operating convenience only. souri Highway 27, and thence over diana Highway 15 to the Indiana-Michi­ The notice indicates that the Missouri Highway 27 to Hopkins, Mo., gan State line, thence over Michigan is presently authorized to transport and (2) from Maryville, Mo'., over U.S. Highway 103 to Mottville, and thence as . sengers and the same property , ^ Highway 71 to Clarinda, Iowa, thence specified above to Ypsilanti), (4) from tinent service routes as foil v ay over Iowa 2 to Shenandoah, Iowa, thence Detroit, Mich., over U.S. Highway 12 Prom Boston, Mass., over US. Hign ^ over U.S. Highway 59 to Emerson, Iowa, (formerly U.S. Highway 112) through 1 through Newburyport, M assac ^ thence over U.S. Highway 34 to Glen- Dearborn, Mich., to Ypsilanti, and thence thebypass Massachusetts-New route around N£ Hampsh ^ 3 5 re e State h wood, Iowa, and thence over U.S. High­ over Michigan Highway 17 to Ann Ar­ way 275 to Omaha, Nebr., and return bor, Mich., and return over the same line, thence over p.S. over the same routes. routes. Smithtown, NJH., ahd , Md No. MC 26739 (Deviation No. 15), No. MC 108158 (Sub-No. 29) (Devia­ (also from junction U.S. Hig_ xiraately CROUCH BROS., INC., Transport tion No. 8), MT D-CONTINENT Alternate U.S. Highway 1> ^PP ¿j. Building, St. Joseph, Mo., 64501, filed FREIGHT LINES,''-INC., 11 Oak Street 1.8 miles south of P o r t s m o u t h „ tK April 27, 1965. Carrier proposes to op­ SE., Minneapolis, Minn., 55414, filed tem ate U.S. Highway 1, mction Maine erate as a common carrier, by motor ve­ April 26, 1965. Carrier proposes to op­ Portsmouth Cutoff, to jJPJG . m^pjke hicle, of general commodities, with cer­ erate as a common carrier, by motor Ve­ Turnpike,- thence over Maine froin tain exceptions, over a deviation route hicle, of general commodities', with cer­ to junction U.S. Highway, Uassachu- as follows: Prom Kansas City, Mo., over tain exceptions, over deviation routes as junction U.S. Highway 1 aMaosaChusetts U.S. Highway 24 to junction U.S. High­ follow: (1) Prom Kansas City, Mo., over setts Highway 128 over ^,husetts way 73, and thence over U.S. Highway U.S. Highway 69 to Cameron, Mo., thence Highway 128 »J W fg y fS S . 73 to Omaha, Nebr., and return over over U.S. Highway 36 to Hannibal, Mo., Highway 37, and (3) fr Worcester< the same route for operating conven­ (2) from junction U.S. Highway 50 and Massachusetts to W nvfir the same rouxes. ience only. The notice indicates that Missouri Highway 33 near Kansas City, Wednesday, May 12, 1965 FEDERAL REGISTER 6559

No MC 1934 (Deviation No. 3), THE by motor vehicle, over irregular routes, Salle Street, Chicago 3, HI, Authority ARROW LINE, INC., 70 Florence Street, transporting: Chemicals, dry, in bulk, in sought to operate as a common carrier, by motor vehicle, over irregular routes, East H artford, Conn., 06108, filed April tank and hopper type vehicles, from transporting: D ry chemicals, in bulk, in 26 1965 C a rrie r proposes to operate as points in Mason County, W . Va., to points tank or hopper type vehicles, from points a com m on carrier, by motor vehicle, of in the United States (excluding points in in Mason County, W . Va., to points in the passengers and their baggage, and ex­ Alaska and Hawaii). United States (except Alaska and press, and newspapers in the same ve­ Note: The purpose of this republication hicle’with passengers over a deviation is to delete (2) of previous publicatiorTand H aw aii). route as follow s: From Hartford, Conn., indicate hearing information set forth Note: The purpose of this republication over Connecticut Highway 5 to junction below. is to indicate bearing information. Interstate Highway 84 at East Hartford, HEARING: M ay 24,1965, at the Offices HEARING: M ay 24,1965, at the Offices Conn., thence over Interstate Highway 84 of the Interstate Commerce Commission, of the Interstate Commerce Commis­ to junction Connecticut Highway 195 Washington, D.C., before Examiner sion, Washington, D.C., before Examiner at Tolland, Conn., a n d thence over Con­ Charles J. Murphy. Charles J. Murphy. necticut H ighw ay 195 to Storrs, Conn., No. M C 107403 (Sub-N o. 619) (RE­ No. MC 118292 (Sub-No. 9) (REPUB­ and return over th e same route, for op­ PUBLICATION) , filed April 8,1965, pub­ LICATION), filed April 6, 1965, pub­ erating convenience only. The notice in­ lished F ederal R eg ister April 28, 1965, lished F ederal R eg ist e r , issue of April dicates th a t th e carrier is presently au­ and republished this issue. Applicant: 28, 1965, and republished this issue. thorized to tr a n s p o r t passengers and the MATLACK, INC., 10 West Baltimore Applicant: BALLENTINE PRODUCE, same property over a pertinent service Avenue, Lansdowne, Pa. Authority INC., Alma, Ark. Applicant’s attorney: route as follow s: From Hartford, Conn., sought to operate as a common carrier, Lester M. Bridgeman, 1027 Woodward over U.S. H ighw ay 44 to junction Alter­ by motor vehicle, over irregular routes, Building, Washington, D.C., 20005. Au­ nate U.S. H ighw ay 44, thence over Alter­ transporting: Chemicals, dry, in bulk, thority sought to operate as a common nate U.S. H ig h w ay 44 to Mansfield, in tank or hopper type vehicles, from carrier, by motor vehicle, over irregular Conn., and thence over Connecticut points in Mason County, W . Va., to points routes, transporting: Baby foods, bakery Highway 195 to Storrs, Conn., and return in the United States (except Alaska and goods, cereal preparations and baby sup­ over the same route. H a w a ii). plies, from -the plant site of Gerber Prod­ By the C om m ission. ucts Company at Fort Smith, Ark., to Note: The purpose of this republication is points in Texas, Oklahoma, Kansas, Mis­ [seal! B ertha F , A r m es. to show hearing information. souri, Louisiana, New Mexico, and Acting Secretary. HEARING: M ay 24,1965, at the Offices Colorado. [FR. Doc. 65-4997; Filed, May 11, 1965; of the Interstate Commerce Commission, 8:47 a.m.] N ote: Applicant is also authorized to con­ Washington, D.C., before Examiner duct operations as a contract carrier in Per­ Charles J. Murphy. mit MO 118434; therefore dual operations may No. MC 107839 (Sub-No. 74), filed he involved. [Notice 765] April 29, 1965. Applicant: DENVER- HEARING: June 1, 1965, in the Greer ALBUQUERQUE MOTOR TRANSPORT, MOTOR CARRIER APPLICATIONS AND Room No. 2 Hilton Hotel, 125 Second INC., 5135 York Street, Denver, Colo. CERTAIN OTHER PROCEEDINGS Avenue, Albuquerque, N. Mex., before Applicant’s attorney: M arlon F. Jones, Examiner William R. Tyers. M a y 7,1965. Suite 420 Denver Club Building, Denver, No. M C 127215, filed M ay 5,1965. A p ­ Colo., 80202. Authority sought to op­ The following publications are gov­ plicant: KENDRICK CARTAGE CO., a erate as a common carrier, .by motor ve­ erned by the new Special Rule 1.247 of corporation, Post Office Box 63, Salem, hicle, over irregular routes, transport­ the Commission’s rules of practice, pub­ 111. Applicant’s attorney: Thomas F. lished in the F ederal R egister, issue of ing: Frozen foods, from points in Arkan­ sas and Tennessee, to points in Louisi­ Kilroy, 1815 H Street NW., Washington December 3, 1963, which became effec­ 6, D.C. Authority sought to operate as tive January 1, 1964. ana, Mississippi, Alabama, Georgia, Florida, South Carolina, North Carolina, a common carrier by motor vehicle, over Applications A s s ig n e d for O ral H ear ing Iowa, Missouri, Kansas, Nebraska, South irregular routes, transporting: A nhy­ Dakota, and North Dakota. drous ammonia and nitrogen fertilizer m o t o r c a r r ie r s of pr o per ty HEARING: M ay 19,1965, at the Dink- solutions, in bulk, in tank vehicles, from (Sub-No. 81), filed April ler-Andrew Jackson Hotel, Nashville, Peru, HI., to points in Indiana, Iowa, 4!« - APplicant: BOS LINES, INC., Tenn., before Examiner William A. Kansas, Kentucky, Minnesota, Missouri, Inwa Avenue, Marshalltown, Royall. Nebraska, Ohio, Tennessee, and Wiscon­ sin. com™ i Utho* ty sousht to operate as a No. MC 115826 (Sub-No. 57), filed irrfitmiJl carnf i> by motor vehicle, over April 26,1965. Applicant: W . J. D IG B Y , Note: Applicant is also authorized to con­ routes, transporting: Frozen INC., Box 5088 Terminal Annex, Denver, duct operations as a contract carrier in Per­ Pomts in Arkansas and Ten- Colo. Authority sought to operate as a mit No. MC 110117, and various subs there­ ConnenH« P01uts in Arkansas, Colorado, common carrier, by motor vehicle, over under, therefore dual operations may be involved. Pelaware, District of Co- irregular routes, transporting: Baby KentucW1111*^ ’ Indiana> Iowa, Kansas, foods and baby supplies, from the plant HEARING: June 7, 1965, at the Mid­ chusett?Mii5?lne’ M arylarid, M assa- and warehouse sites of Gerber Products land Hotel, 172 West Adams, Chicago, Nebraskn Ac^lgan> Minnesota, Missouri, Co., located in Fort Smith, Ark., to 111., before Examiner Lawrence A Van New Y^kN^ . Hampshire> New Jersey! points in Arizona, California, Colorado, Dyke, Jr. Island TpnS110, Pennsylvania, Rhode Idaho, Kansas, Louisiana, Missouri, No. MC 85934 (Sub-No. 33) (REPUB­ W estVirSeSSef ’ Vermont, Virginia, Montana, Nebraska, Nevada, New Mex­ LICATION), filed November 9, 1964, H£/lPM7r at the Dink- vember 5, 1964, and republished this Tenn. b L v P & ° n Hote1’ Nashville, and Wyoming, and damaged and rejected issue after Order of Commission. Appli­ Rdyaii. e Exam*ner W illiam A. shipments, on return. cant: MICHIGAN TRANSPORTATION HEARING: June 1, 1965, in the Greer COMPANY, Dearborn, Mich. By appli­ M^ Cfi?i26i r(Sli - N o . 90) (A M E N D - Room No. 2 Hilton Hotel, 125 Second cation filed November 9, 1964, as Federal’ 31, 1965, Pu^iished Avenue, Albuquerque, N. Mex., before amended, applicant seeks a certificate and r e p u w S o185116 AprU 21’ Examiner William R. Tyers. of public convenience and necessity au­ sne. AppliS** ™ amended this is- No. MC 116273 (Sub-No. 41) (REPUB­ thorizing operation, in interstate or for­ ^ N G E R t r a n s p o r t L IC A T IO N ) , filed April 2,1965, published eign commerce, as a common carrier by Avenue, Jersev1 ^ 2°^ of Danforth F ederal R egister issue April 21,1965, and motor vehicle, over irregular routes, of attorney SarmioP4y’r,N 'J' Applicant’s republished this issue. Applicant: D & L the phosphates, in bulk, in compart- Street, New ^pwi,B'eZm

No. MC 116316 (Sub-No. 2) authorizing York, N.Y., 10006. Petitioner is au­ in vehicles equipped with mechanical ¡it to conduct operations in interstate thorize^. in Permit No. MC 124770 to refrigeration, from New York, N.Y., to commerce, as a motor contract carrier, conduct operations as a contract carrier, Newark, N J .r and Philadelphia, Pa.; and ¡transporting, over irregular routes, coin, by motor vehicle, over irregular routes, returned shipments of meats and meat currency and secuities, between Los transporting: (1) Meats and meat prod­ products, from Newark, N.J., and Phila­ Angeles, Calif., on the one hand, and, on ucts, in vehicles equipped with mechan­ delphia, Pa., to New York, N.Y. RE­ the other, points in Arizona, under a ical refrigeration, from Linden, NJ., to STRICTION: The operations authorized continuing contract or contracts, with Kingston, Albany, Troy, and New York, in the two paragraphs next above are the following shippers: First National N.Y., points in Nassau and Suffolk limited to a transportation service to be Bank of Arizona, of Phoenix; Ariz., and Counties, N.Y., Philadelphia, Pa., Stam­ performed, under a continuing contract, Valley National Bank of Phoenix, of, ford, Danbury, New Haven, and Hart­ or contracts, with the following shippers: Phoenix, Ariz. By the instant petition, ford, Conn., and Boston, Mass.; and re­ Food Fair Stores, Inc., Philadelphia, Pa., petioner requests that an order be en­ turn shipments of meats and meat prod­ Berliner & Marx, Inc., New York, N.Y., tered modifying the restriction in said ucts, from the destination points de­ Bronx Independent Meat Co., Bronx, permit so as to authorize service to the scribed above to Linden, N.J., limited to N.Y. Any person or persons desiring to following shippers: First National Bank a transportation service to be performed, participate in this proceeding, may, of Arizona, Phoenix, Ariz., Valley N a­ under a continuing contract, or con­ within 30 days from the date of this tional Bank of Phoenix, Phoenix, Ariz., tracts, with Allen Packing Co., of Eliza­ publication in the F ederal R e g ister , file The Continental National Bank, Phoenix, beth, N.J.; (2) meats and meat products, an appropriate pleading, consisting of an Ariz., and the First Navajo National in vehicles equipped, with mechanical original and six copies each. Bank, Winslow, Ariz. Any person or refrigeration, from New York, N.Y., to No. MC 125959 (PETTTTON FOR persons desiring to participate in this East Orange and Kearny, N.J.; and re­ CHANGE IN DESTINATION), filed proceeding, may, within 30 days from turned shipments of meats and meat April 27,1965. Petitioner: F A B A R T E R ­ the date of this publication in the F ed­ products, from East Orange and Kearny, MINAL & TRANSPORTATION CO., eral Reg ister file an appropriate plead­ NJ'., to New York, N.Y., limited to a INC., Brooklyn, N.Y. Petitioner’s repre­ ing, consisting of an original and six transportation service to be performed, sentative: George A. Olsen, 69 Tonnele copies each. under a continuing contract, or con­ Avenue, Jersey City, N.J., 07306. Peti­ No. MC 124620 (P E T IT IO N T O A D D tracts, with Cosmopolitan Dressed Beef tioner holds Permit No. MC 125959 au­ SHIPPER), filed April 29, 1965. Peti­ Co., New York, N.Y.; and (3) meats and thorizing the transportation of “Paint tioner: COMMODITY TRANSPORT, meat products, in vehicles equipped with (other than in bulk, in tank vehicles), INC., Fremont, Nebr. Petitioners at­ mechanical refrigeration, from New over irregular routes, from the plant site torney: J. Max Harding, Box 2028, York, N.Y., to Newark, N.J., and Phila­ of Sapolin Paints, Inc., at Brooklyn, N.Y., Lincoln, Nebr. Petitioner is authorized delphia, Pa.; and returned shipments of to Linden, N.J., with no transportation tin MC 124620 to conduct operations as a meats and meat products, from Newark, for compensation on return except as motor contract carrier, over irregular N.J., and Philadelphia, Pa., to New York, otherwise authorized. RESTRICTION: routes, transporting feed and feed in­ N.Y., limited to a transportation service The operations authorized herein are gredients, from Columbus, Schuyler, and to be performed, under a continuing limited to a transportation service to be Fremont, Nebr., to points in Minnesota contract, or contracts, with the follow­ performed, under a continuing contract, and Iowa; from Dundee and Pittsfield, ing shippers; or contracts, with Sapolin Paints, Inc., of m '¿an<* ^ e a p o lis , Minn., to points in Food Fair Stores, Inc., Philadelphia, Brooklyn, N.Y.” Petitioner states that Nebraska, and points in that part of Iowa Pa., and Cosmopolitan Dressed Beef Co., Sapolin Paints, Inc., of Brooklyn, N.Y., r?othTT?f Highway 20 and west of New York, N.Y. By the instant petition, now lease a warehouse at Linden, N.J. I p j. “ ghw&y 169, except any portion of petitioner requests permission to delete Sapolin is building its own warehouse at rto or ®ioux City, Iowa, in the Cosmopolitan Dressed Beef . Co., as said Edison, N.J., which should be completed r aescnbed Iowa area; and from points shipper discontinued all of its business sometime during the early part of July [ m iowa, to points in Nebraska. Nails, activities in N ew York, N .Y. In replace­ 1965. By the instant petition, petitioner stapies, wire, wire products, gates, and ment of such shipper, petitioner seeks to requests the Commission to accept this S from Crawfordsville, Ind., to serve another shipper, and to add one petition for the change of destination wmts in Nebraska, and points in, that other shipper of meat and meat prod­ from Linden, N.J., to Edison, N.J. Any south of U A Highway 20 ucts, as follows: Bronx Independent Meat person or persons desiring to participate anvj^!r of US> Highway 169, except Co., Bronx, N.Y., and Berliner & Marx, in this proceeding, may, within 30 days 2 ? » of Port Dodge or Sioux City, Inc., New York, N.Y. It is requested from the date of this publication in the i to Ascribed Iowa area, subject that such permit be reissued to reflect the F ederal R egister, file an appropriate ^ ^ conditions, and limited to a following: Meats and meat products, in pleading, consisting of an original and six ¡ ^ ^ c a service to be performed, vehicles equipped with mechanical re­ copies each. tract« a ^turning contract, or con- frigeration, from Linden, N.J., to A pplications for C ertificates or P er ­ ! South’Omnh foUowing shippers: Kingston, Albany, Troy, and New York, m it s W h ic h A re T o B e P rocessed i ? C hn aKTerminal Warehouse Co., N.Y., points in Nassau and Suffolk. Coun­ C oncurrently W i t h A pplications i paniesif’ S fbr-’ and Three Dehy Com - ties, N.Y., Philadelphia, Pa., Stamford, U nd e r S e c t io n 5 G o ver ned b y S p e c ia l Danbury, New Haven, and Hartford, i stant ’¿ i t S T ^ Nebr- By the ln~ R u l e 1.240 to t h e E x t e n t A p p l ic a b l e Conn., and Boston, Mass.; and return addition o f T ’a Petl? oner re^uests No. MC 59680 (Sub-No. 145), filed shipments of meats and meat products, 1 dated Blend^ Tcontract with Consoli- April 20, 1965. Applicant: STRICK­ from the destination points described Inc” of ^emont, Nebr. LAND TRANSPORTATION CO., INC., above to Linden, N.J. RESTRICTION: ticipate in thf persons desiring to par~ Post Office Box 5689, Dallas, Tex. Ap­ 30 d a y s ^ ^ proceeding, may, within The operations authorized above are plicant’s attorney: W. T. Brunson, 419 limited to a transportation service to be 110 the fS era? T5date of this Publication Northwest Sixth, Oklahoma City, Okla. I Pris t e p i S S ffle an appro- performed, under a continuing contract, or contracts, with Allen Packing Co., of Authority sought to operate as a com­ | and six copies e S h ^ ^ ° f an original mon carrier, by motor vehicle, over reg­ Elizabeth, N.J.; meats and meat prod­ ular routes, transporting: General com­ (PETITION FOR ucts, in vehicles equipped with mechani­ modities (except those of unusual v^Iue, cal refrigeration, from East Orange and I leave* t q l -101(e) a n d f o r Classes A and B explosives, household f o r Kearny, N.J., to New York, N.Y. goods as defined by the Commission, cel cSKH.FFRM IT TO c a n - RESTRICTION: The operations au­ commodities in bulk, and those requiring thorized in the two paragraphs next J0 ADDADDrnrw at SHIPpER AND special equipment), (1) From East St. above are limited to a transportation i ^PERS)C°NTRAC?EINO' Louis, 111. (including National Stock- service to be performed, under a con­ | tioner: p r a n k -^ 29* 1905* Peti- yards), to Garden City, Mo., from East business as tbt t TEL^jERI> doing tinuing contract, or contracts, with St. Louis over U.S. Highway 50 to junc­ ^abeth j j B U C K I N G CO., Bronx Independent Meat Co., Bronx, tion U.S. (located near tlve: Bert Co]iincPS i ioner’s representa- N.Y., and Berliner & Marx, Inc., New Sedalia, Mo.), thence over U.S. Highway DIns' 140 Cedar Street, New York, N.Y.; meats and meat products, 65 to junction Missouri Highway 52, 6562 NOTICES thence over Missouri Highway 52 to Clin­ tion of natural gas and petroleum and torney: Charles B. Myers, 611 Field ton, Mo., thence over Missouri their products and byproducts, and ma­ Building, Chicago, 111., 60603. Operating to Garden City, and return over the same chinery, equipment, materials, and sup­ rights sought to be transferred: Steel route, serving the intermediate points of plies used in, or in connection with, the articles, and such materials as are used Creighton, XJrich, Clinton, Lewis Station, construction, operation, repair, servic­ or useful on highway construction proj­ Calhoun, and Windsor, Mo., and (2) be­ ing, maintenance, and dismantling of ects (except cement, rock, sand, and tween St. Louis, and Kansas City, Mo., pipelines, including the stringing and gravel), as a common carrier, over irreg­ from St. Louis over U.S. and picking up of pipe, restricted against the ular routes, from Chicago, 111., to points Interstate to Kansas City, transportation of any such commodities in Boone, Cook, De Kalb, Du Page, and return over the same route, serving to be used in, or in connection with Grundy, Kane, Kankakee, Kendall, Lake’ no intermediate points, as an alternate main pipelines, as a common carrier over La Salle, McHenry, and Will Counties! route for operating convenience only. irregular routes between points in Colo­ 111.; and iron and steel articles, as de­ This is a matter directly related to M C- rado and Wyoming. Vendee is authorized scribed by the Commission in appendix F-9091, published in . F ederal R egister to operate as a common carrier in Texas, V to the report in Descriptions in Motor issue of April 28, 1965. Oklahoma, New Mexico, Kansas, Mon­ Carrier Certificates, 61 M.C.C. 209, from tana, Arizona, Colorado, Utah, Wyo­ Portage, Ind., to points in Boone, Cook, A pplications U nd er S e c t io n s 5 ming, Alabama,/ Florida, Arkansas, and 210a (b ) De Kalb, Du Page, Grundy, Kane, Kan- Louisiana, and Mississippi. Applica­ kekee, Kendall, Lake, La Salle, McHenry, The following applications are gov­ tion has been filed for temporary au­ and W ill Counties, 111. Vendee is au­ erned by the Interstate Commerce Com­ thority under section 210a(b). thorized to operate as a common carrier mission’s special rules governing notice No. MC-F-9105. Authority sought for in Illinois, Indiana, Michigan, and Wis­ of filing of applications by motor car­ merger into WIDING TRANSPORTA­ consin. Application has not been filed riers of property or passengers under TION, INC., 3347 Northwest St. Helens for temporary authority under section sections 5(a) and 210(a) (b) of the Inter­ Road, Portland, O r eg., 97210, of the op­ 2 1 0 a(b). state Commerce Act and certain other erating rights and property of JOE No. MC-F-9107. Authority sought' proceedings with respect thereto (49 BOOKSHNIS, INC., 3347 Northwest St. for purchase by CHESTER CARRIERS, C FR 1.240). Helens Road, Portland, Oreg., 97210, and INC., 1245 Manheim Pike, Lancaster, for acquisition by G. A. WIDING, J. B. MOTOR CARRIERS OF PROPERTY Pa., 17601, of the operating rights of REDFERN, both of Portland, Oreg., M CD AN IEL SA N D AND GRAVEL CO., No. MC-F-8394. (ATLAS TRUCK EARL S. MOLLARD, Myrtle Creek, INC., Box 187, North East, Md., 21901. LINE, INC. — CONTROL — H E A V Y Oreg., and JOSEPH P. RUBLE, Weath­ Applicants’ representative: Bernard N. HAULERS, IN C .), published in the April erly Bldg., Portland, Oreg., of control of Gingerich, Quarryville, Pa. Operating 3, 1963 issue of the F ederal R egister on such rights and property through the rights sought to be transferred: Stone, page 3240. By a report and order, dated transaction. Applicants’ attorney: Earle as a common carrier over irregular j December 3,1964, by the Commission, D K V. White, 2130 Southwest Fifth Avenue, routes, from points in East Earl Town­ vision 3, the application was denied Portland, Oreg., 97201. Operating rights ship, Lancaster County, Pa., to Bridge- without prejudice to the submission of sought to be merged: Petroleum prod­ ton, N.J., and points in Maryland and an amended and acceptable proposal in­ ucts, in bulk, in tank trucks, as a com­ Delaware; and sand, from points ini volving a merger of ATLAS TRUCK mon carrier over irregular routes, from Cecil County, Md., to points in Lancaster j LINE, INC., and HEAVY HAULERS, Vancouver, Wash., to points in Oregon, County, Pa. RESTRICTION: The au­ INC. By petition filed May 3, 1965, ap­ except Pendleton and Haines, Oreg., and thority granted herein is subject to the j plicants’ seek to reopen, supplement and points in Malheur County, Oreg., from following conditions: Operations author­ amend the application so as to include Portland, Oreg., to Vancouver, Wash., ized herein shall be conducted separately merger of ATLAS TRUCK LINE, INC., from Vancouver, Wash., to points in from carrier’s operations as a pnvatej and its affiliates, as identified in said ap­ Asotin and Garfield Counties, Wash., carrier; that a separate and distinct ac- j plication, into HEAVY HAULERS, INC. from Portland, Linnton, and Willbridge, counting system shall be maintained io No. MC-F-9072 (THE MARYLAND Oreg., to points in Asotin and Garfield each; that carrier shall not transport TRANSPORTATION CO.—CONTROL- Counties, Wash., and points in Adams, property both as a for-hire an^ a HART & CLARK TRANSFER CO., Idaho, Latah, Lewis, Nez Perce, and Val­ carrier in the same vehicle at the s INC.), published in the April 15, 1965, ley Counties Idaho; and petroleum prod­ time. Vendee is authorized to o p . j issue o f the F ederal R egister on page ucts, in bulk, in tank vehicles, from Baker as a common carrier in Pennsylv » j 5406. Supplement filed April 29, 1965, and Blakely, Oreg., points within 10 New Jersey, Delaware, and Maryla • showing in addition to the transaction miles of each, and points within 5 miles Application has not been filed fo' j summarized in the prior notice, HART & of Pasco, Wash., to points in Boise, porary authority under section 2 • CLARK TRANSFER CO., INC., would Canyon, Elmore, Gem, Gooding, Idaho, No. MC-F-9108. Authority soug also merge into THE MARYLAND Jerome, Latah, Lewis, Ada, Adams, Lin­ (1) for purchase by COMM^CIJ TRANSPORTATION CO. coln, Nez Perce, Owyhee, Payette, Twin MOTOR FREIGHT, ^ C-.OP S ? S ; No. MC-F-9086 (WITTE TRANSPOR­ Falls, Washington, and Valley Counties, 111 East McCarty St., TATION CO.—PURCHASE—WALTER Idaho, and points in Oregon in and east of the operating rights of dtreets; DANIELSON), published in the April 28, of Hood River, Wasco, Jefferson, Des­ SIT, INC., Hodell and Respect Stt*® 1965, issue of the F ederal R egister on chutes, and Klamath Counties, Oreg: Shelbyville, Ind., and (2) £orFT,rigHT, page 5919. Application filed M ay 3,1965, WIDING TRANSPORTATION, INC. is COMMERCIALnmvnvrERCIAL MMOTOR O * ^ « TRANSIT,^ ATCrr i for temporary authority under section authorized to operate as a common car­ INC., OOF F IN D IA NA , Of ROOT TRA^i 2 1 0 a(b). rier in Oregon, and California. Appli­ IN C. Applicants’ attorneys._www1019 No. MC-F-9103. Authority sought cation has not been filed for temporary Jones. Jr., and Ferdinand Bora. for purchase by E. L. FARMER & COM­ authority under section 210a(b). Chamber of PANY, 300 South Grant, Odessa, Tex., dianapolis, Ind. °P era“ L controlled: of a portion of the operating rights of Note: WIDING TRANSPORTATION, INC. to be (1)i transferred t««*and - (2 ), conn- mong L. E. WHITLOCK TRUCK SERVICE, control JOE BOOKSHNIS, INC., pursuant to General commodities, excepting authority granted January 13,'1964, in No. others, household goods ^ INC., 629 West Broadway, Stafford, MC—F—8489. Kans., and for acquisition by J. C. FER­ in bulk, as a common ^ rrT^ ’ianap0lis, GUSON, also of Odessa, Tex., of control No. MC-F-9106. Authority sought for regular routes, 1Ripley, and of such rights through the purchase. purchase by W . W . Y O U N G & SON, INC., Ind., and pomte in Decat ^ Applicants’ attorney: Jerry Prestridge, 11861 Cottage Grove Avenue, Chicago 28, Dearborn Counties, Did-* “‘¿r counties, Post Office Box 1148, Austin, Tex., 78763. 111., of a portion of the operating rights ind.,Shelby, soutii Bush, and andwest o fM ^ His , J a52 Operating rights sought to be trans­ Of CONTRACT STEEL CARRIERS, Sparta, ferred: Machinery, equipment, materials, INC., 7500 West Chicago Avenue, Gary, (except Aurora, Moores Bill» and supplies used in, or in connection Ind., and for acquisition by LESLIE W. Dillsboro, Milan, Nap° S ; s plat R0«*1 Osgood, Delaware, Versailles, £ ^ with, the discovery, development, pro­ YOUNG and ROLLIN R. YOUNG, both duction, refining, manufacture, process­ of Chicago, 111., of control of such rights Homer, Manilla, ®ipetoS t Letts St- Gowdy, Moscow, Westport, ing, storage, transmission, and distribu­ through the purchase. Applicants’ at­ Wednesday, M ay 12, 1965 FEDERAL REGISTER 6563

Paul and Elrod, Ind., and except points serving all intermediate points. M OUN­ passengers, between Northumberland, on U.S. Highway 52); and under a cer­ TAINEER BUS LINE, INC., is authorized Pa., and State College, Pa. Christian V. tificate of registration, in Docket No. to operate as a common carrier in West Graf, 407 North Front Street, Harris­ MC-58214 (Sub-No. 3), covering the Virginia and Pennsylvania. Application burg, Pa., attorney for applicants. transportation of property, as a com­ has been filed for temporary authority No. MC-FC-67798. By order of April mon carrier, in intrastate commerce, under section 21 0a(b). 30, 1965, the Transfer Board approved the transfer to Briggs Bros. Van Lines, within the State of Indiana; and in pend­ By the Commission. ing Docket No. MC-58214 (Sub-No. 5), Inc., Little Rock, Ark., of the operating covering the transportation of general [ s e a l ] B er th a F. A r m e s , rights in Certificate of Registration No. commodities, excepting, among others, Acting Secretary. MC-120966 (Sub-No. 1), issued Septem­ household goods and commodities in (¡¡F.R. Doc. 65-4998; Filed, May 11, 1965; ber 8, 1964, to L. H. Briggs, doing busi­ bulk, serving as off-route points in con­ 8:47 a.in.] ness as Briggs Bros. Van Lines, Little nection with applicant’s regular routes Rock, Ark., corresponding to the grant of between Indianapolis and the Indiana- intrastate authority to transferor, pur­ Ohio State line, Sparta, Morristown, [Notice 1171] suant to Certificate No. M 1355, issued Plat Rock, Homer, Manilla, Blue Ridge, MOTOR CARRIER TRANSFER by the Arkansas Public Service Commis­ Milroy, Gowdy, Moscow, Westport, Letts, PROCEEDINGS sion, authorizing the transportation of and St. Paul, Ind., and all points in household goods as defined by the Com­ Rush and Franklin Counties, Ind., on M a y 7,1965. mission, between points in Arkansas. and north of U.S. Highway 52. C O M ­ Synopses of orders entered pursuant W. J. Williams, Jr., 1600 Tower Building, MERCIAL MOTOR FREIGHT, INC., OF to section 212(b) of the Interstate Com­ Little Rock, Ark., 72201, attorney for INDIANA, is authorized to operate as a merce Act, and rules and regulations pre­ applicants. common carrier in Indiana, Ohio, Ken­ scribed thereunder (49 C F R Part 179), No. MC-FC-67799. By order of April tucky, and Illinois. Application has not appear below: 30, 1965, the Transfer Board approved been filed for temporary authority under ^ As provided in the Commission’s spe­ the transfer to Comer C. Johnson, Route section 210a(b).! ■ cial rules of practice any interested 4, Box 191, Little Rock, Ark., of the No. MC-F-9109. Authority sought for person may file a petition seeking recon­ operating rights of Paul Pinkerton, Post purchase by JOHN F. WALTER, Post sideration of the following numbered Office Box 145, Taylorsville, Miss., in Office Box 175, Newville, Pa., of the op­ proceedings within 20 days from the date Permit No. MC-117951, issued October erating rights of D IS T R IB U T O R S of publication of this notice. Pursuant 19, 1960, authorizing the transportation, TRANSIT, INC., 738 Monongahela to section 17(8) of the Interstate Com­ over irregular routes, of bananas, from Avenue, Glassport, Pa. Applicants’ at­ merce Act, the filing of such a petition New Orleans, La., to Little Rock, Ark. torneys: Henry M. Wick, Jr., 1515 Park will postpone the effective date of the No. MC-FC-67800. By order of April Building, Pittsburgh, Pa., 15222, and order in that proceeding pending its 30, 1965, the Transfer Board approved Arthur J. Diskin, 302 Frick Building, disposition. The matters relied upon by the transfer to Eugene H. Franz, doing Pittsburgh, Pa., 15219. Operating rights petitioners must be specified -in their business as Shur-Gro Liquid Feed Co., sought to be transferred: Glassware, as petitions with particularity. Liberal, Kans., of Permits Nos. MC- a common carrier over irregular routes, No. MC-FC-67787. By order of April 124219 and MC-124219 (Sub-No. 3), is­ from Glassport, Pa., to points in New 30, 1965, the Transfer Board approved sued December 3, 1962, and August 7, York, Ohio, West Virginia, and Mary­ the transfer to Anthony S. Petruzzello, 1963, respectively, in the name of Carl land; and such merchandise as is dealt doing business as Petruzzello Transport, L. Schmatjen, doing business as Carl’s in by wholesale, retail, and chain grocery Shelton, Conn., of the operating rights Liquid Feed Service, Dodge City, Kans., and food business houses, between points in Certificate No. MC-64543, issued No­ authorizing the transportation of liquid m Pennsylvania within 50 miles of vember 16, 1940, to Pauline Sykes, doing animal feed promlx (except (1) Those Greensburg, Pa., including Greensburg. business as Sykes Motor Express, Strat­ produced from vegetable and animal fats vendee is authorized to operate as a ford, Conn., authorizing the transporta­ and oils and (2) molasses), in bulk, in common carrier in Indiana, Ohio, Penn­ tion, over irregular routes of: General tank vehicles, from the plant site of Feed sylvania, New York, New Jersey, M ary- commodities, except those of unusual Service Corp. near Crete, Nebr., to points and, Virginia, West Virginia, Delaware, value, and except high explosives, house­ in Colorado, New Mexico, that part of aj?’ and the District of Columbia. hold goods (when transported as a sepa­ Kansas on and west of U.S. Highway 81, JIh, -iion k85 been filed for temporary rate and distinct service in connection and that part of Oklahoma on and west authority under section 210a (b ) . with so-called “household movings”), of the eastern boundary lines of Grant, Mo to r c a r r ie r s o e passengers commodities in bulk, commodities re­ Garfield, Logan, Oklahoma, Grady, Ste­ quiring special equipment, and those in­ phens, and Jefferson Counties, Okla. (lf°WA ^ c~f ~9104. Authority sought jurious or contaminating to other lad­ (with specified restrictions), and morea by MOUNTAINEER ing, over regular routes,^between New liquefied premix and liquid animal feeds MorvarvP’ INC'’ 1058 D iv ersity Avenue, York, N.Y., and New Haven and Derby, in bulk, in tank vehicles (except (1) W - Va-> of the operating Conn., serving all intermediate points, those produced from vegetable or ani­ i E S r a r Pr^ erty of O S G O O D B U S and the off-route point of South Nor­ mal fats and oils, and (2) molasses), town w **«’ Citizens Building, Morgan- walk, Conn. Thomas W. Murrett, 410 over irregular routes, from the site of the MOUNTAmw'pond (2) for control by Asylum Street, Hartford, Conn., attorney Feed Service Corp. Plant located near S S S ® » ™ ljINE’ in c * of for applicants. Crete, Nebr., to points in Arkansas, Quisition k YY U N E S > DTC., and for ac- No. MC-FC-67795. By order of April Louisiana, and Texas, and points in that Pirsfstre^t A ' ^ ? R IN I> 141 West 30, 1965, the Transfer Board approved part of Oklahoma on and east of the E. PIORtnt t0Ver’ W * V a - A L B E R T the transfer to Bellefonte Charter Bus eastern boundary of Grant, Garfield, over w v * 7t? Eairmont Road, West- Service, Inc., Bellefonte, Pa., of the op­ Logan, Oklahoma, Grady, Stephens, and painn®t^’JR^ NCES WORINI, 836 erating rights of Philip B. Gross and Jefferson Counties, Okla., with specified « 2 5 H O R im WeT i°Veo’ W - V a - a««1 Laura E. Gross,- a partnership, doing restrictions. C. Zimmerman, 503 Avenue Y R '* 311 O verview business as Bellefonte Charter Bus Serv­ Schweiter Building, Wichita, Kans., such rights ¡ ¡ S T « # V a -> of control of ice, Bellefonte, Pa., in Certificates Nos. 67202, attorney for applicants. transaction an in the same sengers, between Sunbury, Pa., and to Andy Kindsvater, Dodge City, Kans., her, over remiiPgerS’ as a cominon Northumberland, Pa., and passengers authorizing the transportation over ir­ Gantownfantown wgUl^w V f routes*routes’ between and their baggage, and express, news­ regular routes, of household goods, from L. ’ Va > and Oakland, No. 91. ’ papers, and mail in the same vehicle with Dodge^City, Kans., and points in Ford 6564 NOTICES and Hodgeman Counties, Kans., to dence, R X ; insecticides, from Portland, H E L M S M O T O R EXPRESS, INC., North points in Colorado on and east of U.S. Conn., to points in Massachusetts and Second Street, Albemarle, N.C. Applj. ; green hides, from Dodge Rhode Island; fertilizer and fertilizer cant’s attorneys: Bailey, Dixon ¿Wooten, City, Kans., to Kansas City., Mo.; agri­ materials, and agricultural insecticides, 300 South Salisbury, Post Office Box cultural machinery, between Dodge City, fungicides, herbicides, and rodenticides, 2246, Raleigh, N.C. ‘ Certificate of public Kans., on the one hand, and, on the from East Windsor and North Haven, convenience and necessity sought to op­ other, points in Colorado on and east Conn., to points in New York, Massa­ erate a freight service as follows: Trans- of U.S. Highway 85; livestock, between chusetts, and Rhode Island (except portation of: General commodity, I Dodge City, Kans., and points within 50 points in the corporate limits of Boston Route 1, from the intersection of North miles thereof, on the one hand, and, on and Springfield, Mass., and Providence, Carolina Highway 27 and North Caro- the other, points in Colorado on and R .I .); and empty containers and refused, lina Highway 109 at Troy, over North east of U.S. Highway 85; between Dodge defective and damaged shipments on Carolina 109 to its intersection with City, Kans., and points within 50 miles return. Reubin Kaminsky, 410 Asylum North Carolina Highway 49, 6 miles thereof, on the one hand, and, on the Street, Hartford, Conn., attorney for south of Denton, and return over the other, points in Oklahoma north of a line applicants. same route, serving all intermediate beginning at the Arkansas-Oklahoma No. MC-FC-67806. By order of April points; Route 2, from Laurinburg over State line and extending westward along 30, 1965, the Transfer Board approved U.S. Highway 401 to its intersection with | U.S. Highway 64 to Warner, Okla., the transfer to People’s Fuel & Trucking, Scotland County Road No. 1421, thence j thence along UJS. Highway 266 to junc­ Inc., Gardner, Mass., of the certificate in over County Road 1421 to its intersection j tion U.S. Highway 62, thence along U.S. No. MC-61294, issued September 3, 1940, with County Road 1407, thence over Highway 62 to Oklahoma City, Okla., to Alyre H. Cormier and Alfred H. Cor­ County Road 1407 to Springs Mills Plant j and thence along U.S. Highway 66 to the mier, a partnership, doing business as site, and return over the same route, sen-1 Oklahoma-Texas State line, including People’s Ice and Coal Company, Gard­ ing all intermediate points; Route 3, j points on the indicated portions of the ner, Mass., authorizing the transporta­ from W arsaw over Duplin County Road highways specified; between Dodge City, tion of: Household goods, between Gard­ No. 1300 to its intersection with County i Elans., and points within 50 miles thereof, ner, Mass., and points in Massachusetts Road 1301, thence over County Road on the one hand, and, on the other, K an ­ within 20 miles of Gardner on the one 1301 to Kenansville, and return over the sas City, Mo.; agricultural augers, agri­ hand, and, on the other, points in Con­ same route, serving all intermediate j cultural crop sprayers, agricultural bale necticut, New York, New Hampshire, points, including National Spinning j movers, agricultural elevators, and at­ Vermont, and Maine. Arthur A. Wentz- Mills plant site; Route 4, from Choco- tachments and accessories therefor, from ell, Post Office Box 720, Worcester, Mass., winity on North Carolina Highway 33 to i Dodge City, Kans., and Compton and 01601, representative for applicants. Hobucken, thence over North Carolina j Monmouth, HI., to Fresno and Los An­ Highway 304 to Bayboro, and return over i [ s e a l] B er th a F. A r m e s, the same route, serving all intermediate geles, Calif., Gering and Scottsbluff, Acting Secretary. Nebr., Amarillo, Dallas, and Houston, points; alternate route, from the inter- Tex., and points in Illinois, Idaho, Iowa, [F.R. Doc. 65-5000; Filed, May 11, 1965; section of North Carolina Highway 33 j 8:47 a m .] Minnesota, Montana, North Dakota, and North Carolina Highway 306, over j Oregon, South Dakota, Washington, and North Carolina Highway 306 to Grants- j Wyoming; and from Compton and Mon­ NOTICE OF FILING OF MOTOR CAR­ boro; Route 5, from payboro over North Carolina to Oriental, and j mouth, HI., to Dodge City, Kans. Arthur RIER INTRASTATE APPLICATIONS L. Claussen, 303 New England Building, return over the same route, serving »(I Topeka 3, Kans., attorney for applicants. May 7,1965. intermediate points; and Route 6, from | Aurora over Beaufort County Road a • No. MC-FC-67804. By order of April The following applications for motor 1940 to its intersection with County i 30, 1965, the Transfer Board approved common carrier authority to operate in Road 1942, thence over County »¡J the transfer to MacClain Trucking Com­ intrastate commerce seek concurrent 1942 to Texas G ulf Sulphur Plant siw, pany, a corporation, Glastonbury, Conn., motor carrier authorization in interstate a t or near Lees Creek, and all P0^ of Certificates Nos. MC-5631 and M C- or foreign commerce within the limits within 5 miles thereof, and return ov , 5631 (Sub-No. 4), issued May 15, 1957 of the intrastate authority sought, pur­ the same route, serving all intermediate j and September 4, 1958, respectively, to suant to section 206(a) (6) of the Inter­ David MacClain and Daniel Kancler, a state Commerce Act, as amended Oc­ ^ H K A R I N G : June 9,1965, at 10:00 afl­ partnership, doing business as MacClain tober 15, 1982. These applications are at the offices of the North Caro I Trucking Co., Glastonbury, Conn., au­ governed by Special Rule 1.245 of the ities Commission, Raleigh, N.u tion thorizing the transportation, over ir­ Commission’s rules of practice, pub­ j Requests lo r procedural regular routes, of fertilizer and fertilizer lished in the Federal R egister, issue of ingredients, insecticides, herbicides, fun­ April 11, 1963, page 3533, which pro­ Including the time tor k concerning this application Tr^ties gicides, and rodenticides, between Port­ vides, among other things, that protests addressed to the North Caroh Ra. land, Conn., on the one hand, and, on and requests for information concerning Commission, Post Office Box > ^ the other, points in New York, with speci­ the time and place of State Commission fied restriction; fertilizer and fertilizer hearings or other proceedings, any sub­ leigh, N.C., 27602, directed to the Interstate materials, between Portland, Conn., on sequent changes therein, and any other the one hand, and, on the other, points related matters shall be directed to the Commission. in Massachusetts and Rhode Island; State Commission with which the ap­ B y the Commision. bone black, from Providence, R.I., to plication is filed and shall not be ad­ B ertha F. Armes, Portland, Conn.; agricultural commodi^ dressed to or filed with the Interstate [SEAL] A ctin g Secretary- ties, from South Glastonbury, Conn., and Commerce Commission. F iled , May fi* points within 25 miles thereof, of New State Docket No. assigned T-681 (Sub- \r . doc. 65-5001; York, N.Y., Boston, Mass., and Provi­ No. 21), filed M arch 5,1965. Applicant: Wednesday, M ay 12, 1965 FEDERAL REGISTER 6565

CUMULATIVE LIST OF CFR PARTS AFFECTED— MAY

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 May.

3 CFR P,Be 7 CFR—Continued page 29 CFR—Continued page P roposed R ules—Continued P roposed R ules—Continued Proclamations: 1108...... 6534 697______6225 3172 (superseded by Proc. 1138______6538 1501 ______6397 3655)______6467 1502 ______6397 3399 (superseded by Proc. 8 CFR 1503 ______6397 3 6 5 5 )--______, 6467 214______— _ 6479 3655— ______:------6467 32 CFR 9 CFR Executive O r d e r : 163______6161 P roposed R u l e s : Apr. 19,1892 (revoked in part 516______6341 201______.<______6360 by PLO 3656)_____ — ------6437 815______6343 823 (see EO 11220) ______— 6425 12 CFR 882______„______. . . 6343 10530 (revoked in part by EO 12______6160 33 CFR 11222)___ 6469 2 0 4_._____ —— ______6339 80______6433 10939 (revoked by EO 11222) — 6469 561______— 6517 82______- 6434 11125 (revoked by EO 11222) — 6469 P roposed R u l e s : 86______6434 11126 (amended by EO 11221) _ 6427 261 ______— 6275 95______6434 11219 ______6381 262 ______6275 135______6434 11220 ______6425 563______6544 203______6161, 6388 11221 ______6427 207____ — ______— 6161 11222 ______6469 14 CFR 39______6150, 6431 Presidential D o c u m e n t s O t h e r 36 CFR 71______6150, 6215, 6241, 6384-6387, 6478 T han P roclamations a n d E x e c u ­ 211______6345 73— ______. . . 6242, 6387, 6388 tive O r d e r s: 311______6161 Memorandum of July 20, 1961 75— ______6150, 6241, 6242, 6432 502— ______6482 91______6388 (revoked by EO 11222)______6469 37 CFR Memorandum of M ay 2, 1963 97___I ______6151, 6329 1______*______6391 (revoked by EO 11222)______6469 99______6242 121______6432 38 CFR 4 CFR 127______— 6432 1 ______6435 P roposed R u l e s : 52...... 6429 2 ______- ...... 6392 39______6188, 6274 5 CFR 14 ______6392 67______6188 213.. . 6215,6241,6337,6478 71______— 6189, 39 CFR 332.. . ------6337 6225, 6397, 6399, 6400, 6402, 6443 4______— 6436 591...... ______6511 73______6402, 6444 36______6436 7 CFR 75______— ______6443 37— ______- ______6436 91_n— ______6541 54.. . . 43______- ______6436 ______6207 129______6541 5 5.. . 41 CFR 56.. . . " — _6141,6207 _____ — 6207 16 CFR 9-1______6483,6519 7 0.. . P roposed R u l e s : 9-4______6519 81...... ______6207 ------6207 303______: ______6275 9-6______— 6519 210. ' ' 9-7______— 6519 301.. ------6207, 6479 18 CFR 354. ------6243, 6245 157______— ...... 6518 43 CFR ------6429 707. 19 CFR P ub lic L and O rders: 717...... ------6246 3655 ____ 6392 10 ______6149 719. ------6144 3656 ______6437 724. ------— 6511 21 CFR 6144,6146, 6207 45 CFR 842. " 121______6215, 6339, 6389, 6433, 6477, 6478 ------6338 130______6393 862. ~ " ' 133— ______6475 ------6247 863...... :— 144______6389 ------6248 46 CFR 864_ I P roposed R u l e s : ------— 6248 25-______6517 908.. 8______— ______6490 909. ------6148, 6429 47 CFfr 910. " ------6430 25 CFR 0— ______6250 9 1 8 ...... - 6148, 6430, 6479 P roposed R u l e s : 2______6219, 6388 965 <“•* ------6431 1______6438 15 ______— ______6250 970.. ------6338 221______6523 73______6251, 6519, 6520 1421.1'...... ------* 6479 26 CFR — P roposed R u l e s : 1468...... ------6338, 6511 2______— 6226 1472 " " " ------6383 1 -______6216, 6340, 6480 15______6541 250______— ______6217 1488-'I I I I ------6383 73______— 6274, 6275, 6543 ------6249 P roposed R u l e s : ^ oposed Rules-- 1______6222, 6349, 6486, 6488 49 CFR 28_ 31_____ 6222 1______6485 31...... - . 6255 301______6222 95______6220 70__ — ------6350 97______;______6394 ------6395 29 CFR 141______6162 9 3 0 .. ----- 6355,6438,6523 50— ------— ------6249 1040.1 " " ------6255 604------6218 50 CFR 1042...... ------6163 606______6218 33______6344, 6521 1097.1 ... ------6163 690______6482 60____ — ______6149 1102. ------6534 P roposed R u l e s : P roposed R u l e s : - - r - r — ------6534 657------6224 32______6224

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