FEDERAL REGISTER VOLUME 30 • NUMBER 168

Tuesday, August 31, 1965 • Washington, D.C. Pages 11163-11199

Agencies in this issue— Agricultural Stabilization and Conservation Service Civil Aeronautics Board Commerce Department Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Food and Drug Administration International Commerce Bureau Interstate Commerce Commission National Bureau of Standards Navy Department Post Office Department Wage and Hour Division ~ Detailed list o f Contents appears inside. Announcing a New Information Service

Beginning August 2,1965, the General Services Admin­ The Weekly Compilation carries a Monday dateline. istration inaugurated a new information service, the It includes an Index of Contents on the first page and a “ Weekly Compilation of Presidential Documents.” The Cumulative Index at the end. Other finding aids include service makes available transcripts of the President’s lists of laws approved by the President and of nomina­ news conferences, messages to Congress, public speeches tions submitted to the Senate, and a checklist of White and statements, and other Presidential materials released House releases. The official distribution for the Weekly Compilation of by the White House up to 5 p.m. of each Friday. Presidential Documents is governed by regulations pub­ The Weekly Compilation was developed in response to lished in the F e d e r a l R e g is t e r dated July 31, 1965 (30 many requests received by the White House and the F.R. 9573; 1 CFR 32.40). Members of Congress and Bureau of the Budget for a better means of distributing officials of the legislative, judicial, and executive branches Presidential materials. Studies revealed that the exist­ who wish to receive this publication for official use should ing method of circularization by means of mimeographed write to the Director of the Federal Register, stating the releases was failing to give timely notice to those Govern­ number of copies needed and giving the address for ment officials who needed them most. mailing. The General Services Administration believes that a Distribution to the public is made only by the Superin­ systematic, centralized publication of Presidential items tendent of Documents, Government Printing Office, on a weekly basis will provide users with up-to-date in­ Washington, D.C., 20402. The Weekly Compilation of formation on Presidential policies and pronouncements. Presidential Documents will be furnished by mail to The service is being carried out by the Office of the subscribers for $6.00 per year, payable to the Superin­ Federal Register, which now publishes similar material tendent of Documents, Government Printing Office, in annual volumes entitled “Public Papers of the Washington, D.C., 20402. The price of individual copies Presidents.” varies.

r r n r n 1 1 l i S # D E P IC T E D Published daily, Tuesday through Saturday (no publication on Sundays, Montays. or rrllrll/ll II r |||\ I r n on the day after an official Federal holiday), by the Office of the Federal Register, National r E U L l l i l L ^ / I l E U i a i E ll ^ cg®er L d Records Service, General Services Administration (mail address National Area code 202 Phone 963-3261 C h i v e s Bu ilding, W ashington, D.C. 20 40 8), pursuant to the authority contained in tn

°f rttacriK ire. of postage, for »1.50 per month or »15.«) p» advaSl m ^ h S e ™ Individual copies (ninlmom 15 cents) varies In proportion to the size of the lssuo Remit check or. money Contents

AGRICULTURAL STABILIZATION Proposed Rule Making HEALTH, EDUCATION, AND AND CONSERVATION SERVICE Transition area; proposed alter­ ation — ______11178 WELFARE DEPARTMENT Rules and Regulations Transition areas; proposed altera­ See Food and Drug Administra­ Feed grains; miscellaneous - tion and designation; correc­ tion. amendments______;__ 11167 tion.------11179 Sugarbeets; recoverable sugar___11168 FEDERAL COMMUNICATIONS INTERNATIONAL COMMERCE AGRICULTURE DEPARTMENT COMMISSION BUREAU See Agricultural Stabilization and Conservation S ervice; Con­ Proposed Rule Making Notices sumer and Marketing Service. TV broadcast stations; use of air­ Tautner, Erwin et al.; order deny­ borne television transmitter^_11179 ing export privileges______11180 CIVIL AERONAUTICS BOARD Notices Proposed Rule Making Hearings, etc.: INTERSTATE COMMERCE Foreign'air transportation; re­ Morgan Broadcasting Co., and strictions on free and reduced- Dick Broadcasting Company, COMMISSION rate------11178 Inc. of Tennessee______11182 Notices Notices Triad Stations, Inc., and Mar­ shall Broadcasting Co______11182 Fourth section applications for New York-San Juan cargo rates Ultronic Systems, Corp., and relief------11188 investigation; notice of oral Western Union Telegraph Co. 11183 Motor carrier temporary author­ argument______11183 United States of America by ity applications______11187 General Services Administra­ Organization of divisions and COMMERCE DEPARTMENT tion and American Telephone boards and assignment of work, See International Commerce Bu­ and Telegraph Co______11183 business and functions—______11189 reau; National Bureau of Stand­ ards. FEDERAL MARITIME n LABOR DEPARTMENT CONSUMER AND MARKETING COMMISSION See Wage and Hour Division. SERVICE Notices Agreements filed for approval: Rules and Regulations NATIONAL BUREAU OF Certain varieties of pears grown East Coast of Mexico/United in Oregon; Washington, and States Atlantic and Gulf Rate STANDARDS Agreement______11184 California; Control Committee Lykes Bros. Steamship Co., Inc., Notices rules and regulations______11169 and C. Clausen Dampski- National Bureau of Standards Federal Seed Act regulations; bsreden A/S______11184 radio stations; notice of U.S. amendment of joint regula­ standard frequency and time tions------iii6 7 Lykes Bros. Steamship Co., Inc., and N. V. Gebr. Van Uden’s broadcasts _■______11182 Lemons grown in California and Scheepvaart and Agentuur Arizona; handling limitations-- 11169 M ij------m s s Proposed Rule Making Coates, John J., Co., revocation of NAVY DEPARTMENT Oranges, grapefruit, tangerines, license—------11133 Rules and Regulations and tangelos grown in Florida; Navigational light waivers; dis­ recommended decision______11174 FEDERAL POWER COMMISSION Tobacco inspection; display of tinctive lights authorized for burley tobacco on auction ware­ Notices submarines— ______11171 house floors in designated mar­ Hearings, etc.: kets------1H74 Atlanta Gas Light Co., and Southern Natural Gas Co.___11184 POST OFFICE DEPARTMENT CUSTOMS BUREAU Florida Gas Transmission Co__ 11184 Rules and Regulations Notices United Gas Pipe Line Co_____„ 11185 Air transportation; miscellaneous amendments______—,______11173 Customs field officers; delegation FOOD AND DRUG of authority______11180 ADMINISTRATION d e f e n s e d e p a r t m e n t Rules and Regulations TREASURY DEPARTMENT See Navy Department. Cobaltous salts; use as food addi­ See Customs Bureau^ tive------11171 FEDERAL AVIATION AGEN CY Sodium stearyl fumarate; use in Rules and Regulations bakery products and as food ad­ WAGE AND HOUR DIVISION Airworthiness directives; Vickers ditive______11171 Notices Viscount Models 744, 745D and Notices Certificates authorizing employ­ 810 Series airplanes______11169 Petitions regarding food addi­ ment of full-time students Control zone; alteration of hours tives: working outside of school hours of operation______11170 Blue Chemical Corp______11182 in retail or service establish­ Transition area; alteration— ™ 11170 Grace, W. R., and Co__ 1______11182 ments at special wages______11185 11165 11166 CONTENTS

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. 1 ‘ „ 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.

7 CFR 21 CFR 201______- ______------11167 17______:__ urn 775______11167 121 (2 documents)______11171 831______1H 68 910______H169 32 CFR 927____ — : — ______1H69 706 ______...______7-._____ 11171 P r o p o s e d R u l e s : 29 ______1H74 707 ______*______11171 905______- ______1H74 39 CFR 14 CFR 96______- ___11173 39______-______- ______11169 71 (2 documents) ------11170 P r o p o s e d R u l e s : 47 CFR 71 (2 documents)______11178,11179 P r o p o s e d R u l e s : 223______11178 73______- ______11179 Rules and Regulations

590, as amended, are hereby further N orth D akota— Continued Title 7— AGRICULTURE amended as follows: July 22 Chapter I— Consumer and Marketing 1. Section 775.302 (q) Is amended by. Benson. changing the words “Corn and grain Plm bina. Service (S ta n d ard s, Inspections, Bottineau. Pierce. sorghums:” to read as follows: “Com Burke. Ramsey. Marketing Practices), Department and grain sorghums—the disposal dates Cavalier. Renville. of Agriculture in the case of corn and grain sorghums Divide. Rolette. Eddy. Towner. SUBCHAPTER K— FEDERAL SEED ACT shall be the dates specified below, except that when certification of acreage is re­ Grand Forks. W alsh. PART 201— FEDERAL SEED ACT quired under Part 718 of this chapter, as McHenry. W ard. M ountrail. W illiam s. REGULATIONS amended, the respective disposal date Nelson. Joint Rules and Regulations of Sec­ shall be the date of certification of the T exas final acreage of com and grain sorghums M ay 15 retary of Treasury and Secretary on Form 477 or the date specified below, of Agriculture whichever is earlier:”. Caiheron. Starr. Hidalgo. W illacy. Pursuant to the provisions of section 2. Section 775.302(q) (2) is further 402 of the Federal Seed Act (7 U.S.C. amended by adding the following new June 1 1592) the following sections of the Joint sentence at the end thereof: Aransas. Kleberg. Bee. Live Oak. Rules and Regulations of the Secretary Notwithstanding the disposal dates spec­ of the Treasury and the Secretary of Brooks. Nueces. ified above, the 1965 corn and grain D uval. Refugio. Agriculture (7 CFR Part 201.201 et seq.) sorghum disposal dates for California, Jim Hogg. San Patricio (T.D. No. 50071, as amended) under the Oklahoma, North Dakota and Texas Jim W ells. W ebb. Federal Seed Act, are amended by chang­ shall be as follows: Kenedy. Zapata. ing the phrase “Agricultural Marketing June 15 Service” wherever it appears therein to California (C o m ) Atascosa. Kinney. “Consumer and Marketing Service” : Bexar. L a Salle. §§201.204, 201.209, 201.213, 201.217, May 1: Riverside (Except West End) Caldwell. M cM ullen. M ay 15: Im perial. 201.219, 201.221 (b) and (c ), 201.222(c) Calhoun. Maverick. (4 instances), 201.227, and 201.229 (2 July 15: Mendocino. D e W itt. M edina. instances). August 1: San Diego. Dim m it. U valde. August 15: Fresno, Kern, Kings, Madera, Frio. V a l Verde. Statement of considerations. These Merced, San Bernardino, San Joaquin, Santa amendments are of an organizational Goliad. Victoria. Barbara, Solano, Stanislaus, Tehama, and Gonzales. W ilson. nature. They merely reflect the change Tulare. G uadalupe. Zavala. in the name of the agency that adminis­ September 1: Lake, Orange, Riverside Karnes. (West End), San Benito, Sonoma, Sutter, ters the Federal Seed Act and make no July 1 substantive change in the regulations. and Y u ba. It is found under section 4 of the Admin­ Septem ber 15: Am ador, Butte, Colusa, Austin. Harris. Contra Costa, Glenn, Los Angeles, Monterey, Bastrop. Hays. istrative Procedure Act (5 U.S.C. 1003) Napa, Placer, Sacramento, San Luis Obispo, Blanco. Jackson. that notice and other public procedure and Yolo. Brazoria. Lavaca. regarding the amendments are unneces­ (Grain sorghums) Burleson. Lee. sary, and good cause is found for m a k in g Burnet. M atagorda. May 1: Riverside (Except West End). Cham bers. M ilam . the amendments effective in less than 30 M ay 15: Im perial. Colorado. Travis. days after the publication thereof in the July 1: San Bernardino. Com al. W aller. F ederal R e g is t e r . July 15:, Mendocino. Fayette. Washington. A u gu st 1: S an Diego. These amendments shall become effec­ Fort Bend. W harton. A u gu st 15: Fresno, Kern, K ings, Madera, tive upon publication in the F e d e r a l Galveston. Williamson. R e g is t e r . Merced, San Joaquin, Santa Barbara, Solano, Stanislaus, Tehama, Tulare, and Ventura. July 15 (Sec. 402, 53 Stat. 1285; 7 U.S.C. 1592; 29 F.R. September 1: Lake, Orange, Riverside 16210, 30 F.R. 1260, 2160) Anderson. H unt. (West End), San Benito, Sutter, and Yuba. Angelina. Jasper. Done at Washington, D.C., this 26th Septem ber 15: Alam eda, Am ador, Butte, Bandera. Jefferson. day of August 1965. Colusa, Contra Costa, Glenn, Los Angeles, Bell. Johnson. Monterey, Napa, Placer, Sacramento, San Luis Bosque. K aufm an. J a m e s A . R e e d , O bispo and Yolo. Bowie. K endall. Assistant Secretary October 1: Sonoma. Brazos. Kerr. Camp. of the Treasury. Ok lah o m a K im ble. Cass. Lam ar. G e o r g e L . M e h r e n , Septem ber 15: A ll Counties, Assistant Secretary of Agriculture. Cherokee. Leon. N orth D akota Collin. Liberty. [F.R. D oc. 65-9220; Filed, Aug. 30, 1965; Cooke. Limestone. Jul y 8 8:48 a.m .] Crockett. Llano. Adams. Logan. Dallas. M cLennan. Chapter VII— Agricultural Stabiliza­ Bowm an. M cIntosh. Delta. . M adison. Dickey. Ransom. Denton. M arion. tion and C o n se rv a tio n Service Em m ons. _V Richland. Edwards. Mason. (Agricultural Adjustment), Depart­ G rant. Sargent. Ellis. Menard. ment of Agriculture Hettinger. Sioux. Falls. Montgomery. L a Moure. Slope. Fannin. Morris. N Franklin. SUBCHAPTER C— SPECIAL PROGRAMS July 15 Nacogdoches. Freestone. [Am dt.. 7] Navarro. Barnes. McKenzie. Gillespie. Newton. Billings. PART 775-—FEED GRAINS Mercer. Grayson. Orange. Burleigh, M orton. Gregg. Panola. Subpart— 1964 and 1965 Feed Grain Cass. Oliver. Grim es. Polk. D unn. Program Regulations Sheridan. H ardin. Rains. Foster. Stark. Harrison. Real. Golden Valley. M iscellaneous A m e n d m e n t s Steele. Henderson. R ed River. Griggs. Stutsm an. Hill. Robertson. andhfoerce^ lations governing the 1964 Kidder. Traill. Hopkins. Rockwall. nd 1965 Feed Grain Program, 29 F.R. M cLean. W ells. Houston. Rusk. 11167 11168 RULES AND REGULATIONS

T exas— Continued 4. Section 775.327(b) is amended to add county average yields and rates for July. 15— Continued additional counties for 1965 as follows:

Sabine. Titus. Barley Com Grain sorghum San Augustine. Trinity. San Jacinto. Tyler. County Average Rate Average Rate U pshur. Average Rate Schleicher. yield (dollars) yield (dollars) yield (dollars) Shelby. V a n Zandt. (bushels) (bushels) (bushels) Sm ith. W alker. Sutton. W ood. M innesota Tarrant. A u gu st 1 30.0 L03 Baylor. K ing. Brewster. Knox. N orth D akota Briscoe. Lam pasas. Brown. Loving. Callahan. M cCulloch. Slope. 1 6 .0 LOO Childress. Mills. Coke. M itchell. Ohio Colem an. Motley. Concho. Nolan. Coryell. Pecos. 37.5 0.96 Cottle. Presidio. Culberson. Reeves. Dickens. R unnels. E l Paso. San Saba. 2 1 .5 1 .1 1 Fisher. Scurry. Foard. Shackelford. Hall. Stonewall. Geòrgia Ham ilton. Taylor. Hardem an. Terrell. 24.0 1.05 Haskell. Throckmorton. Hudspeth. ■ Tom Green. Washington Jeff Davis. W ard. Jones. W ilbarger. .Kent. W inkler. 55.0 1.35

A u gu st 15 (Sec. 16(h), 77 Stat. 45, 16 U.S.Ç, 590p(h) ; Statement of bases and considera­ Andrews. Irion. secs. 105(a) and 105(d), 77 Stat. 44, 7 U.S.C. tions. Section 831.4 (29 F.R. 11824) pro­ Archer. Jack. 1441 note) vides that for Sugar Act purposes, in Bailey. Lam b. determining the amount of sugar com­ Borden. Lubbock. Effective date. Upon publication in the Castro. Lynn. F e d e r a l R e g is t e r . mercially recoverable from sugarbeets Clay. M artin. Signed at Washington, D.C., on Au­ marketed in a “combined individual- Cochran. M idland. gust 26,1965. cossette test” area, the weighted average Comanche. M ontague. percentage of sugar content of the beets H. D. G o d f r e y , Crane. Palo Pinto. delivered by a producer shall be adjusted Crosby. Parker y Administrator, Agricultural Stabilization and Conserva­ by a factor computed, in part, from a Dawson. Parm er. seven-year weighted average sugar con­ Eastland. Reagan. tion Service. Ector. Somervell. tent of all beets sliced at the factory. [F.R. Doc. 65-9221; Filed, Aug. 30, 1965; The Empire Sugar Co., Inc., of New Erath. Stephens. 8:48 a.m .] Floyd. Sterling. York will process sugarbeets for the first Gaines. Swisher. time, beginning with the 1965 crop. The Garza. Terry. Chapter VIII— Agricultural Stabiliza­ company’s contracts with growers are the Glasscock. U pton. tion and Conservation Service “ combined individual-cossette test” type. Hale. W ichita. Since the Company will have no past Hockley. Wise. (Sugar), Department of Agriculture Hood. Yoakum . record from which an adjustment factor SUBCHAPTER E— DETERMINATION OF SUGAR may be computed, Sugar Act payments H oward. Y ou ng. COMMERCIALLY RECOVERABLE to growers cannot be made under the September 1 [831.4; Rev. 1, Arndt. 1] present provisions of § 831.4. Armstrong. ; Hutchinson. PART 831-—BEET SUGAR AREA As individual tests will be made on Carson, Lipscom b. 1964 and Subsequent Crops beets delivered to the factory by each Collingsworth. Moore. producer, it is deemed advisable that the D allam Ochiltree. Pursuant to the provisions of section amounts of sugar commercially recover­ Deaf Smith. Oldham . 302(a) of the Sugar Act of 1948, as able on which Sugar Act payments will Donley. Potter. amended, § 831.4 (29 F.R. 11824) is be based in the New York area be com­ Gray. Randall. amended by adding a new subdivision Hansford. Roberts. (iv) to paragraph (b) (3) to read as puted in the same manner as in regular Hartley. Sherm an. follows: “individual test” areas. Hem phill. W heeler, Accordingly, I hereby find and con­ § 831.4 Determination of sugar com­ clude that this amendment will effectu­ 3. Section 775.318(f) is amended by mercially recoverable from sugar- beets. ate the applicable provisions of the S u g a r inserting immediately after the second Act of 1948, as amended. sentence thereof the following new sen­ * * * * * tence: “For purposes of the preceding (b) Recoverable sugar. * * * (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153, secs. 302, sentence, any acreage oh the farm which (3) * * * 303, 304, 61 Stat. 930, as am ended; 931; 7 (iv) Notwithstanding the foregoing U.S.C. 1132,1133,1134) the county committee determines was provisions of this subparagraph (3), the not planted to feed grains in 1965 be­ amount of sugar, raw value, commercial­ Effective date. Date of publication. cause of flood, drought, or other natural ly recoverable from sugarbeets produced Signed at Washington, D.C., A u gu st disaster sliall, within the permitted acre­ in New York for processing at the Em­ age, be deemed feed grains in accordance 25,1965. pire State Sugar Co., Inc. factory near J o h n A. S c h n i t t k e r , with instructions issued by the Deputy Auburn, N.Y., shall be determined in ac­ Acting Secretary. Administrator provided such acreage is cordance with the provisions of sub- not subsequently devoted to any price paragraph (2) of this paragraph (b). [Fit. Doc. 65-9222; Filed, Aug. 30, 1965; supported crop for 1965.” 8:48 a m .] Tuesday, August 31, 1965 FEDERAL REGISTER 1X169

Chapter IX— Consumer and Market­ PART 927— BEURRE D’ANJOU, It is hereby found it is impracticable, ing Service (Marketing Agreements BEURRE BOSC, WINTER NELIS, DO­ unnecessary, and contrary to the public and Orders; Fruits, Vegetables, YENNE DU COMICE, BEURRE EAST­ interest to postpone the effective date hereof until 30 days after publication in Nuts), Department of Agriculture ER, AND BEURRE CLAIRGEAU VA­ the F ederal R egister (5 U.S.C. 1001- [Lemon Beg. 175, Amdt. 1] RIETIES OF PEARS G RO W N IN 1011) in that this amendment relieves OREGON, WASHINGTON, AND restrictions on the handling of pears. PART 9ID— LEMONS GROWN IN CALIFORNIA CALIFORNIA AND ARIZONA (Secs. 1-19, 48 Stat. 31, as am ended; 7 U.S.C. Subpart— Control Committee Rules 601-674) Limitation of Handling and Regulations Dated, August 25, 1965, to be effective Findings. 1. Pursuant to the market­ upon publication in the F ederal R egis­ Sh ipm en t s to D esignated S torages ing agreement, as amended, and Order ter. No. 910, as amended (7 CFR P^rt 910), Notice was published in the F ederal P aul A. N ic h o lso n , regulating the handling of lemons grown R egister issue of August 14,1965 (30 F.R. Deputy Director, Fruit and in California and Arizona, effective un­ 10165), that the Department was giving Vegetable Division, Consumer der the applicable provisions of the Agri­ consideration to a proposal to amend and Marketing Service. cultural Marketing Agreement Act of the rules and regulations (Subpart—Con­ [F.R. Doc. 65-9193; Filed, Aug. 30, 1965; 1937, as amended (7 U.S.C. 601-674), and trol Committee Rules and Regulations, 7 8:45 a.m .] upon the basis of the recommendations CFR 927.100-927.122) under the provi­ and information submitted by the Lemon sions of the marketing agreement, as Administrative Committeé, established amended, and Order No. 927, as amended under the said amended marketing (7 CFR Part 927), regulating the han­ Title 14— AERONAUTICS AND agreement and order, and upon other dling of Beurre D’Anjou, Beurre Bose, available information, it is hereby found Winter Nelis, Doyenne du Comice, Beurre SPACE that the limitation of handling of such Easter, and Beurre Clairgeau varieties of lemons, as hereinafter provided, will pears grown in Oregon, Washington, and Chapter I— Federal Aviation Agency tend to effectuate the declared policy California, effective under the applicable of the act by tending to establish and provisions of the Agricultural Marketing [Docket No. 6746; Amdt. 39-129] maintain such orderly marketing condi­ Agreement Act of 1937, as amended (7 U.S.C. 601-674). p a r t 39— AIRWORTHINESS tions for such lemons as will provide, in DIRECTIVES the interest of producers and consumers, The proposed amendment, as published an orderly flow of the supply thereof in the said notice, would add Medford, Vickers Viscount Models 744, 745D, Oreg., as an intransit storage point to to market throughout the normal mar­ and 810 Series Airplanes keting season to avoid unreasonable which pears may be shipped for storage fluctuations in supplies and prices, and in public warehouses without prior in­ A proposal to supersede Amendment is not for the purpose of maintaining spection and certification. 340 (26 F.R. 8935), AD 61-20-4, as prices to farmers above the level which After consideration of all relevant amended by Amendments 360 (26 F.R. it is declared to be the policy of Congress matters presented, including the proposal 10274), 492 (27 F.R. 9842), 642 (28 F.R. to establish under the act. set forth in the aforesaid notice which 12075), and 39-78 (30 F.R. 7372), Vickers 2. It is hereby further found that it was submitted by the Winter Pear Con­ Viscount Models 745D and 810 Series air­ is impracticable and contrary to the pub­ trol Committee (established under the planes with a new directive to coincide lic interest to give preliminary notice, said marketing agreement and order as with revisions to the manufacturer’s engage in public rule-making procedure, the agency to administer the provisions Preliminary Technical Leaflets (PTL’s), and postpone the effective daté of this thereof), it is hereby found that the upon which the AD is based, to include amendment until 30 days after publica­ amendment, as hereinafter set forth, of Model 744 Series airplanes, making cer­ tion hereof in the F ederal R egister (5 § 927.122(a) of the Control Committee tain requirements relating to the flying U.S.C. 1001-1011) because the time in­ Rules and Regulations, pursuant to the control seal box at the rear pressure tervening between the date when infor­ amended marketing agreement and or­ bulkhead, and to permit operators to mation upon which this amendment is der, will tend to effectuate the declared determine the compliance time by actual based became available and the time policy of the act. Therefore, § 927.122(a) count of landings or by estimating the when this amendment must become ef­ of the said Control Committee Rules and number of landings by the use of the fective in order to effectuate the declared Regulations is amended to read as operator’s fleet average time was pub­ policy of the act is insufficient, and this follows: lished in 30 F.R. 8488. amendment relieves restrictions on the § 927.122 Shipments to designated Interested persons have been afforded handling of lemons grown in California storages. an opportunity to participate in the and Arizona. making of the amendment. No objec­ Order, as amended. H ie provisions in (a) Pears may be shipped without tions were received. Paragraph (b) (1) (ii) of § 910.475 (Lemon prior inspection and certification to any In consideration of the foregoing, and Regulation 175,30 F.R. 10879) are hereby public warehouse in Yakima, Zillah, or pursuant to the authority delegated to amended to read as follows: Grandview, in the State of Washington, me by the Administrator (25 F.R. 6489), in Portland, Klamath Falls, or Medford § 910.475 Lemon Regulation 175. § 39.13 of Part 39 of the Federal Aviation in the State of Oregon, or in Tulelake, Regulations, is hereby amended by add­ * * * * * Calif., for storage therein in transit: Pro­ ing the following new airworthiness (b) Order. (1) * * * vided, That any pears so shipped shall be directive: (ii) District 2: 311,550 cartons. inspected, and a certificate issued with respect thereto, as provided in § 927.60 of Vickers. Applies to Viscount Models 744, * * * * * 745D, and 810 Series airplanes. (Secs. 1- 19, 48 Stat. 31, as amended; 7 U.S.C. the marketing agreement and order, Compliance required as indicated unless 601-674) prior to such pears being removed from already accomplished. such warehouse. At the time any pears The British Aircraft Corporation (previ­ Dated: August 26,1965. are so shipped into such public storage ously Vickers-Armstrongs) has issued PTL’s warehouse and again when such pears No. 221 Issue 4 (700 Series), and No. 94 Issue P aul A. N icho lson, are shipped out of such warehouse, the 4 (800/810 Series) to m ake available in single Deputy Director, Fruit and Veg­ documents the respective approved life of etable Division, Consumer and handler shall, on his semimonthly “Han­ dler’s Statement of Pear Shipments,” Viscount fuselage components and the in­ Marketing Service. spections and modifications necessary on the report each such shipment as prescribed fuselage to attain the approved life. Com­ [F.R. Doc. 65-9192; Piled, Aug. 30, 1965; in § 927.125(b). pliance with all provisions of PTL 221 Issue 8:45 a m .] • * * * ' * 4 (for Models 744 and 745D), and PTL 94 11170 RULES AND REGULATIONS

Issue 4 (fo r M odel 810) including the fuselage no later than 30 days after the effective date Issued In Washington, D.C., on Au­ life limitations is required; except as other­ of this AD. Incorporation of Models F.178 gust 24, 1965. wise provided for Model 745D in paragraph and F.366 required no later than 90 days C. W . W alker, ( h ) . after the effective date of this AD for aircraft Acting Director, having accumulated 2,000 or more flights. ( a ) Cockpit Pressure Floor— Section 2. Flight Standards Service. (1) Floor Beam at Station 47— Incorpora­ (4) Trailing Edge Frame, Station 501- tion. of M odel D.2783 (744 and 745D airplanes) 234—-Compliance required as indicated in [F.R. Doc. 65-9182; Filed, Aug. 30, 1965; or Model FG.1231 (810 airplanes) required as PTL 94 Issue 4 with initial inspection re­ 8:45 a m .] Indicated in P T L ’s 221 Issue 4 and 94 Issue 4, quired no later than 30 days after the effec­ respectively. tive date of this AD for aircraft having (2) Catenary Floor— Compliance required accumulated 3,000 or more flights. [Airspace Docket No. 65-CE-91] as indicated in PTL 221 Issue 4, or 94 Issue (5) Underfloor Freight Hold—Port Side 4, as applicable, with initial inspection re­ Frames— Compliance required as indicated PART 71 — DESIGNATION OF FEDERAL quired no later than 30 days after the ef­ in PTL 94 Issue 4 with initial inspection re­ AIRWAYS, CONTROLLED AIRSPACE, fective date of this AD. quired no later than 30 days after the effec­ AND REPORTING POINTS (3) Stiffener Attachment— Compliance re­ tive date of this AD for aircraft having quired as indicated in PU j 221 Issue 4 or 94 accumulated 2,000 or more flights. Alteration of Hours of Operation of Issue 4, as applicable, with initial inspection (6) Sledge Type Cleat Fitted Frames— Control Zone required no later than 30 days after the Incorporation of Model FG.869 required as effective date of this AD. indicated in P T L 94 Issue 4. On July 24, 1965, a notice of proposed ( f ) Fuselage Skin Panel Joints— Section 7 (4) Flooring Forward of Station 20— All rule making was published in the F ed­ typer without provision for weather radar— (744 and 745D) or Section 6 (810). eral R egister (30 F.R. 9276) stating that Compliance required as indicated in PTL (1) Fuselage Skin Seams Joints—Compli­ 221 Issue 4 or 94 Issue 4, as applicable, w ith ance required as indicated in PTL 221 Issue 4 the Federal Aviation Agency proposed initial inspection required no later than 30 or 94 Issue 4, as applicable, with incorpora­ to alter the hours of operation of the days after the effective date of this AD for tion of Model D.2597 (a), (b), and (c) (744 Pontiac, Mich., control zone. aircraft having accumulated 3,000 or more and 745D airplanes) or Models FG.1005 and Interested persons were afforded an flights. FG.1454 (810 airplanes) required no later opportunity to participate in the rule (b ) Pressure Bulkheads— Section 3. than 30 days after the effective date of this making through submission of com­ (1) Front Pressure Bulkhead Station 24— AD for aircraft having accumulated 12,500 or ments. All comments received were All types with provision for weather radar— more flights at 6.5 p.s.i., or 19,000 or more Compliance required as indicated in PTL 221 flights at 5.5 p.s.i., or 35,000 or m ore flights favorable. Issue 4 or 94 Issue 4, as applicable, w ith at 4.5 p .si. In consideration of the foregoing, Part initial inspection required no later than 30 (2) Fuselage Skin Overlap Joints— Com­ 71 of the Federal Aviation Regulations is days after the effective date of this AD for pliance required as indicated in PTL 221 Issue amended, effective 0001 e,s.t., November aircraft having accumulated 8,000 or more 4 or 94 Issue 4, as applicable, w ith incorpora­ 11, 1965, as hereinafter set forth. flights. tion o f M odel D.2990 (a ) or (b ) (744 and In § 71.171 (29 F.R. 17581) the Pontiac, (2) Rear Pressure Bulkhead—Station 745D airplanes) or Model FG.1783 (810 air­ Mich., control zone is amended to read; 761— Compliance required as indicated in planes) required no later than 30 days after PTL 221 Issue 4. the effective date of this AD for aircriaft hav­ P ontiac, M ic h . .(c) Entrance Door Surrounds— Section 4 ing accumulated 11,000 or more flights at 6 A Within a 5-mile radius of Pontiac Munici­ (744 and 745D airplanes). p.s.i., 16,800 or m ore flights at 5.5 p.s.i., or pal Airport (latitude 42°39'55" N., longi­ (1) Front and Rear—Inner Angle— Com­ 30,000 or more flights at 4.5 p .si. tude 83°25'05" W .), within 2 miles each side pliance required as indicated in PTL 221 (g ) Miscellaneous Skin Cutouts— Section of the Pontiac VOR 116“ and 271“ radials, Issue 4, with Initial inspection required no 8 (744 and 745D) or Section 7 (810). extending from the 5-mile radius zone to 8 later than 80 days after the effective date of (1) Compliance required as indicated in miles west of the VOR, effective from 0700 this AD for aircraft having accumulated PTL 221 Issue 4 or 94 Issue 4, as applicable, to 2300 hours, local time, dally. 2,000 or more flights. with initial inspection required no later than (2) Shear Cleat Attachment to Fuselage 30 days after the effective date of this AD for (Sec. 307(a), Federal Aviation Act of 1958; Skin, Station 132— Complieyace required as aircraft having accumulated 9,000 or more 49 U.S.C. 1348) indicated in PTL 221 Issue 4, with initial flights. Issued in Kansas City, Mo., on Au­ inspection required no later than 30 days (2) Flying Control Seal Box at Rear Pres­ after the effective date of this AD for aircraft sure Bulkhead— Section 8 (810 )— Compliance gust 18,1965. having accumulated 2,000 or more flights. required as indicated in PTL 94 Issue 4 with E dward C. M arsh, (3) Front and Rear Main Surround Mem­ initial inspection required no later than 30 Director, Central Region. bers— Compliance required as indicated in days after the effective date of this AD for [F.R. Doc. 65-9183; Filed, Aug. 30, 1965; PTL 221 Issue 4. For Inspection B the aircraft having accumulated 9,000 or more 8:45 a m .] repetitive interval is increased to 1,000 flights flights. and it is acceptable to inspect the area of (h ) Fuselage Life (Section 1.— 745D-Air­ the door locking bolt holes with a mirror planes Specified). [Airspace Docket No. 65-SO-48] and flashlight without having to remove the Pressure Vessel— 745D Serial Numbers 103 bolt striker plates. to 107, 109 to 111, 115, 117, 120 to 127, 129, PART 71— DESIGNATION OF FEDERAL (d ) Underfloor Freight Doors— Section 5 132 to 134, 136 to 139, 199 to 216, 231, a nd 285. AIRWAYS, CONTROLLED AIRSPACE, (744 and 745D) or Section 4 (810 Series The maximum number of flights allowable AND REPORTING POINTS airplanes). before incorporating M odels D.2990, D.2597, (1) Surround Structure— Compliance re­ and D.2733 and the fuselage fatigue life lim it quired as indicated in PTL 221 Issue 4 or 94 Alteration of Transition Area for the above airplanes are listed in Table III Issue 4, as applicable, with initial inspection of United Airlines Engineering Report RD On July 13, 1965, a notice of proposed required no later than 30 days after the 182, dated January 7, 1963. These limita­ rule making was published in the F ed­ effective date of this AD for aircraft having tions will not be valid if the cabin pressure accum ulated 9,000 or more flights. eral R egister (30 F.R. 8799), stating controller is reset to allow a maximum differ­ (e ) Fuselage Frames— Section 6 ( 744 and that the Federal Aviation Agency pro­ ential pressure greater than 4.0 p.s.i. 745D) or Section 5 (810). posed to alter the transition area at (j) For the purpose of complying with this (1) Fuselage, Spar Frame, Station 414— Muscle Shoals, Ala. AD, subject to acceptance by the assigned Compliance required as indicated in PTL 221 Interested persons were afforded an FAA maintenance inspector, the number of Issue 4, with initial inspection required no flights may be determined by dividing each opportunity to participate in the rule later than 30 days after the effective date aircraft’s hours’ time in service by the opera­ making through submission of com­ of this AD. Incorporation of Models tor’s fleet average time from takeoff to land­ ments. All comments received were D.1947(a) and D2103 required no later than 90 days after the effective date of this AD ing for the aircraft type. favorable. In consideration of the foregoing, Part for aircraft having accumulated 2,000 or This supersedes Amendment 340 (26 more flights. 71 of the Federal Aviation Regulations is (2) Trailing Edge Frame, Station 455— F.R. 8935), AD 61-20-4, as amended by amended, effective 0001 e.s.t., November Compliance required as indicated in PTL 221 Amendments 360 (26 F.R. 10274), 492 11,1965, as hereinafter set forth. Issue 4, with initial inspection required no (27 F.R. 9842), 642 (28 F.R. 12057), and In § 71.181 <29 F.R. 17643) the Muscle later than 30 days after the effective date of 39-78 (30 F.R. 7372). Shoals, Ala., transition area is amended this AD for aircraft having accumulated 9,000 This amendment becomes effective as follows: In the fifth line of the de­ or more flights. September 30, 1965. scription, delete “ *. * * VOR, and within (3) Fuselage Spar Frame, Station 460— Compliance required as indicated in PTL (Secs. 313(a), 601, 603, Federal Aviation Act 8 miles west and 5 miles east of the 94 Issue 4, with initial inspection required o f 1958; 49 U.S.C. 1354(a), 1421 and 1423) Muscle Shoals VOR 002“ radial extend- Tuesday, August 31, 1965 FEDERAL REGISTER 11171 ing from the VOR to a point 30 miles PART 121— FOOD ADDITIVES north of the VOR” and substitute there­ Title 32— NATIONAL DEFENSE for, “ * * * VOR, within 8 miles west and Subpart D— Food Additives Permitted 5 miles east of the Muscle Shoals VOR in Food for Human Consumption Chapter VI— Department of the Navy 002° radial extending from the VOR to a - SUBCHAPTER B— NAVIGATION point 30 miles north of the VOR, includ­ COBALTOUS SALTS ing that airspace northeast of Muscle The Commissioner of Food and Drugs PART 706— NAVIGATIONAL LIGHT Shoals, bounded on the west by V-7, on has evaluated data in a petition (FAP WAIVERS the east by V-57, and on the south by 5A1615) filed and subsequently amended V-54N, and including that airspace east by J. E. Siebel Sons’ Co., Inc., 4055 West PART 707— DISTINCTIVE LIGHTS of Muscle Shoals, bounded on the north Peterson Avenue, Chicago, HI., proposing AUTHORIZED FOR SUBMARINES by V-54, on the east by V-57 and on the an amendment to § 121.1142(b) of the Scope and purpose. The International southwest by V-7E, excluding that por­ food additive regulations, whereby the Regulations for Preventing Collisions at tion which overlaps the Huntsville, Ala., amount of cobalt in fermented malt bev­ Sea, 1948, which became effective on Jan­ transition area.” erages would be increased from the cur­ uary 1, 1954 (act of October 11, 1951, 65 (Sec. 307(a), Federal Aviation Act of 1958; rent 1.2 parts per million to 1.5 parts per Stat. 407; 33 U.S.C. 143-147d) are re­ 49 U.S.0.1348(a)) million. It has been concluded that placed, effective September 1, 1965, with sufficient data have been submitted to the International Regulations for Pre­ Issued in East Point, Ga., on August prescribe the safe use of cobaltous salts 23,1965. venting Collisions at Sea, 1960, pursuant at a maximum level of 1.5 parts per to the act of September 24,1963 (77 Stat. J a c k G. W e b b , million (calculated as cobalt). There­ Acting Director, Southern Region. 194; 33 U.S.C. 1051-1094), and Proclama­ fore, pursuant to the provisions of the tion 3632 of December 29, 1964 (29 F.R. [F.R. Doc. 65-9184; Filed, Aug. 30, 1965; Federal Food, Drug, and Cosmetic Act 8:45 a.m .] 19167; 33 U.S.C. 1051 note). Supersed­ (sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. ing a similar authorization contained in 348 (c)(1)), and under the authority section 2 of the act of October 11, 1951 delegated to the Commissioner by the (33 U.S.C. 143a), section 2 of the aot of Title 21— FOOD AND DRUGS Secretary of Health, Education, and Wel­ September 24, 1963 (33 U.S.C. 1052), fare (21 CFR 2.90), § 121.1142(b) is authorizes the Secretary of the Navy to Chapter I— Food and Drug Adminis­ amended to read as follows: exempt any Navy vessel from require­ tration, Department of Health, Edu­ § 121.1142 Cobaltous salts. ments of the new International Regula­ cation, and Welfare ***** tions regarding lights when such vessel, because of special construction, cannot (b) The salt is used to provide cobalt SUBCHAPTER B— FOOD AND FOOD PRODUCTS comply with those Regulations. An ad­ in an amount not to exceed 1.5 parts PART 17— BAKERY PRODUCTS ditional statutory authorization for per million (calculated as cobalt) in exemption from lights requirements of PART 121— FOOD ADDITIVES fermented malt beverages. the Inland Rules, the Great Lakes Rules ***** and the Western River Rules (sec. 1, 59 Sodium Stearyl Fumarate; Confirma­ Any person who will be adversely af­ Stat. 590; 33 U.S.C. 360) remains in ef­ tion of Effective Date of Order Per­ fected by the foregoing order may at fect as heretofore. Part 706 contains mitting Use as Optional Ingredient any time within 30 days from the date the exemptions under those statutory au­ in Bread and as Food Additive of its publication in the F e d e r a l R e g is t e r thorizations. Part 707 provides for the file with the Hearing Clerk, Department display of a distinctive light by U.S. Navy Pursuant to the provisions of the Fed­ of Health, Education, and Welfare, Room submarines pursuant to statutory provi­ eral Food, Drug, and Cosmetic Act (secs. 5440, 330 Independence Avenue SW., sions referred to therein. Parts 706 and 401, 409, 701, 52 Stat. 1046, 1065 as Washington, D.C., 20201, written objec­ 707 are revised on the basis of the new amended; 72 Stat. 1786; 21 U.S.C. 341, tions thereto, preferably in quintupli- International Regulations. 348,371), and in accordance with the au­ cate. Objections shall show wherein the 1. Effective September 1, 1965, Part thority delegated to the Commissioner person filing will be adversely affected 706 is revised to read as follows: of Food and Drugs by the Secretary of by the order and specify with particu­ Health, Education, and Welfare (21 CFR Sec. larity the provisions of the order deemed 706.1 Purpose of regulations. 2.90), notice is given that no objections objectionable and the grounds for the 706.2 Certifications of the Secretary of the were filed to the order published in the objections. If a hearing is requested, Navy under 33 UJ5.C. 360 and 1052. F ederal R e g is t e r of July 13,1965 (30 F.R. the objections must state the issues for A uthority : The provisions of this Part 706 8784), that amended the standard for the hearing. A hearing will be granted bread (21 CFR 17.1) by listing sodium issued under sec. 1, 59 Stat. 590 (33 U.S.C. if the objections are supported by 360) and sec. 2, 77 Stat. 194 <33 U.S.C. 1052). stearyl fumarate as an optional ingredi­ grounds legally sufficient to justify the Statutory provisions interpreted or applied ent and that issued a food additive regu­ relief sought. Objections may be ac­ are cited in the text. lation (21 CFR 121.1183) prescribing companied by a memorandum or brief in Cross-R eference: For lights of Coast conditions of safe use of the additive in support thereof. Guard vessels of special construction, see food. Accordingly, the amendments 33 CFR P art 135. promulgated by that order will become Effective date. This order shall be ef­ effective August 27,1965. fective on the date of its publication in § 706.1 Purpose o f regulations. the F e d e r a l R e g is t e r . (Secs. 401, 409, 701, 52 Stat. 1046, 1055 as (a) All ships are warned that, when amended; 72 Stat. 1786; 21 U.S.C. 341, 348, (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 U.S. naval vessels are met on the high 371) ( c ) ( 1 ) ) seas or on navigable waters of the United Dated: August25,1965. Dated: August 25,1965. States during periods when navigational lights may be displayed, certain naviga­ G e o . P. L a r r ic k , G e o . P. L a r r ic k , tional lights of some naval vessels may Commissioner of Food and Drugs. Commissioner of Food and Drugs. vary from the requirements of the Regu­ [F.R. Doc. 65—9205; Filed, Aug. 30, 1965; [F.R. Doc. 65-9207; Filed, Aug. 30, 1965; lations for Preventing Collisions at Sea, 8:47 a.m .] 8:47 a.m.] 1960, 33 U.S. Code sections 1061-1094,

No. 161 -2 11172 RULES AND REGULATIONS

T able One and rules applicable to the navigable waters of the United States, as to num­ Distance in feet Distance in feet Ratio of horizontal ber, position, range of visibility or arc of of the forward below minimum to vertical separa­ visibility. These differences are necessi­ 20-point white required vertical tion of the two Minimum dis­ light below mini­ separation between 20-point white tance horizontally tated by reasons of military function or in feet between Vessel class or type mum required forward and after lights (based on . special construction of the naval ships. height (based on 20-point white International forward and after requirements of lights (based on Rule 2(a) (iii) 20-point white An example is the aircraft carrier where International requirements of which requires lights the two white lights are in most in­ Rule 2(a) (iii)) International ratio of 3.0 to 1) stances on the island superstructure Rule 2(a)(iii)) considerably displaced from the center or keel line of the vessel when viewed CRUISERS: C A (Heavy Cruiser)------from ahead. Certain other naval vessels CAO (Guided Missile Heavy cannot comply with the horizontal sep­ Cruiser). aration requirements of the white lights, C G (N ) (Guided Missile None. Neme. 0.9 or greater to 1. 29 or greater. Cruiser). and the two white lights on even large C L (Light Cruiser)..______naval vessels, such as some cruisers, will C LG (Guided Missile Light Cruiser). thus appear to be crowded together when AIRCRAFT CARRIERS: viewed from a distance. Other naval T -A K V (M STS Auxiliary Cargo Ship). vessels may also have unorthodox navi­ L P H (Amphibious Assault gational light arrangements or charac­ Ship). ill or less. 2 or less___ *__ — 0.7 or greater to 1. 20 or greater. teristics when seen either underway or C V A (Attack Aircraft Car­ rier). at anchor. CVS (ASW Support Aircraft (b) Naval vessels may also be expected Carrier). CC2 (Command Ship con­ 26. None. 2.0 or greater to 1. 30 or greater. to display certain other lights. These verted from aircraft carrier). lights include, but are not limited to, AUXILIARIES: A D G (Degaussing Vessel) — different colored recognition light sig­ AG (Miscellaneous)______nals, landing lights on carriers, and pul­ A G B (Icebreaker)______sating red lights to indicate speed to AGS (Surveying Ship)------AKS (General Stores Issue other naval ships. These lights may Ship). sometimes be shown in combination with A N (Net Laying Ship)------A P B (Self-Propelled Bar­ 40 or less. 3 or less. 0.9 or greater to 1. 19 or greater. navigational lights. racks Ship). (c) During peacetime naval maneu­ ARSD (Salvage Lifting Ves­ sel). vers, naval ships, alone or in company, A V B (Advanced Aviation may also dispense with showing any Base Ship). lights, though efforts will be made to dis­ A V M (Guided Missile Ship). A VP (Small Seaplane Tender) play lights on the approach of shipping. DESTROYERS: (d) 33 U.S. Code, sections 360 and D D (Destroyer)______D D E (Escort Destroyer)---- 1052 provide that the requirements of D D G (Guided Missile De­ the Regulations for Preventing Collisions stroyer). D D R (Radar Picket De­ i!8orless. 3 or less. 0.9 or greater to 1. 17 or greater. at Sea, 1960, the Inland Rules, the Great stroyer). Lakes Rules, and Western River Rules, as D L (Frigate)------to the number, position, range of visi­ D LG (Guided Missile Frig­ ate). bility, or arc of visibility of lights re­ AMPHIBIOUS WARFARE quired to be displayed by vessels, shall VESSELS: A P D (High Speed Transport) not apply to any vessel or class of ves­ IFS (Inshore Fire Support sels of the Navy where the Secretary of Ship). LSD (Dock Landing Ship).. >40 or less. 6 or less. 1.0 or greater to 1 21 or greater. the Navy shall find or certify that, by LST (Tank Landing Ship)... reason of special construction or pur­ LSM (Medium Landing pose, it is not possible for such vessel or Ship). PATROL VESSELS: class of vessels to comply with the statu­ D E (Escort Vessel)------tory provisions as to lights. D E R (Radar Picket Escort Vessel). 17 or less. 6 or less______1.0 or greater to 1 19 or greater. (e) This part consolidates and codi­ PC (Submarine Chaser)------fies certificates of the Secretary of the PC E (Escort)------PC E R (Rescue Escort)------Navy under 33 U.S.C. 360 and 1052. It P C (H ) (Hydrofoil Patrol None___ After white light not carried. has been determined that, because of Craft). MINE VESSELS: their construction, it is 'hot possible for M H C (Minehunter Coastal). the classes or types of naval vessels M SF (Minesweeper Fleet)— 16 or less. 3 or less. 0.6 or greater to 1.. 8 or greater. listed in this part to comply with all of MSO (Minesweeper Ocean). SERVICE VESSELS: the requirements of the statutes enu­ Y G (Garbage Lighter Self- merated in sections 360 and 1052, Title Propelled). Y V (Drone Aircraft Catapult 16 or less. 6 or less. 0.6 or greater to 1.. 12 or greater. 33, United States Code, Control Craft). Self-Propelled Crane (No hull § 706.2 Certifications of the Secretary of classification). the Navy under 33 U.S.C. 360 and 1052. T able T w o (e) The white light showing to the stern will be visible over a maximum arc of 23 The Secretary of the Navy hereby SUBMARINES points of the compass, that is from right finds and certifies that the classes or (a) One, 20-point white light is generally astern to 11 y2 points (approximately 126 types of vessels listed in this section are carried in the forward part of the vessel and degrees) to either side. This light is not naval vessels of special construction and will not be less than 15 feet above the hull. installed at the stem but may be located from This light is visible over a maximum arc of 20 to 190 feet forward of the stern. that, with respect to the position of the 27 points, that is from right ahead to 5 y2 (f) The forward anchor light may be car­ navigation lights listed in this section, it points (62 degrees) abaft the beam on either ried up to a maximum of 60 feet aft of the is not possible to comply with the require­ side. stem and is carried at a height not less than ments of the statutes enumerated in (b) A second, 20-point or other white 6 feet above the hull. The after anchor light light is not installed. sections 360 and 1052 of Title 33, United may be carried at a greater height. (c) Side lights may be visible simulta­ States Code. The Secretary of the Navy neously across the bow. The side lights NOTES further finds and certifies that the navi­ may also be visible 30 degrees abaft the 1. The after range light when carried gation lights listed in this section con­ beam . by form as closely as feasible to the appli­ (d) Lights required by International Rule naval vessels is a 20-point white light as re­ quired by International Rule 2(a) (ii). cable statutory requirements. 4 are not Installed. Tuesday, August 31, 1965 FEDERAL REGISTER 11173 2. The arc of visibility of the after 20-point stern light required by Buie 10, Begulations B. A new paragraph (f) (3) is added white light on certain heavy cruisers (CA) for Preventing Collisions at Sea, 1960, to may be obstructed by as much as one point light the vessel aft. At anchor these vessels to show the recently authorized equaliza­ when viewed from ahead. will display in lieu of the two lights forward tion agreement between American Air­ 3. On aircraft carriers (CVA and CVS) and and two lights aft, Buie 9, Great Lakes Buies, lines, Inc. and Pan American World aircraft carrier types (LPH and T-AKV), a single all around white anchor light for­ Airways, Inc. the following additional variations exist: ward and a single all around white anchor a. The two 20-point white lights (mast­ light aft located in accordance with Buie 11 § 96.19 Form 2729, Airmail Dispatch head light and range light) are located at a (a) and (b ), Regulations for Preventing Col­ and Billing Record. maximum distance of 94 feet to the left of lisions at Sea, 1960, as modified for aircraft ♦ * * * * the keel line when viewed from ahead. (This carriers and aircraft carrier types by Note 3 distance is measured perpendicularly from of this section. Submarines will be lighted (f) •Equalizations authorized. * * * the keel line to the two white lights.) as provided by Table Two. (2) CAB Order No. E-21514, 11-19-64, b. The forward anchor lights are located 1L On guided missile destroyers, known as authorizes carriers engaging in interstate a maximum of 8 feet vertically below the the DDG—2 Class, and on other destroyer- uppermost continuous deck (two lights at transportation and carriers performing type vessels when engaged in towing vessels foreign transportation to equalize rates the same level). These lights are located or objects exceeding 600 feet in length, the forward and on either side of the vessel. two lower of the three towing 20-point white for mail between an international ex­ c. The after anchor lights are located a lights will be separated from 3 feet to 15 feet change office and any foreign point to maximum of 31 feet vertically below the up­ vertically in lieu of the prescribed 6-foot which such exchange office is authorized permost continuous deck (two lights at the separation. to dispatch mail. Mail transported same level). These lights are located aft under an equalization agreement shall and on either side of the vessel. 2. Effective September 1,1965, Part 707 be recorded on Form 2942, AV-7 Delivery 4. On certain command ships (CC2 type is revised to read as follows: converted from aircraft carrier hull), the List, for both the interstate and foreign following additional variations exist: § 707.1 Display o f distinctive lights by segments of the carriage. It will not be a. Towing lights, when displayed, will meet submarines. considered in the division of mail for the requirements for vertical separation; interstate carriers. Settlement of air however, the lower light will be located 3-9 (a) In accordance with Rule 13(a), International Rules, and Article 13, In­ transportation charges will be made to feet above the hull. the carrier performing the foreign seg­ b. Five degrees of the arc of visibility of land Rules, the Secretary of the Navy has the range light is obstructed at a point cofn- authorized the display of a distinctive ment of the haul. That carrier will pay mencing approximately 2 y2 points forward light by U.S. Naval submarines in inter­ the interstate carrier. When irregulari­ of the port beam. national waters and in the inland waters ties occur involving dispatches exchanged c. The number and position of the forward of the United Slates. The light will be with other countries, give special atten­ and after anchor lights are the same as those exhibited in addition to the presently tion to the preparation of Form 2759. of other classes of aircraft carriers described prescribed navigational lights for sub­ Since the mail from a domestic carrier’s in Notes 3b and 3c of this section. trip may consist of (i) domestic destina­ d. The lights mentioned in Table One marines. with respect to CC2 type ships are located (b) The normal navigational lights of tion airmail, (ii) airmail for foreign on the center or keel line. submarines have been found to be easily points not subject to equalization agree­ e. The masthead light shall be carried at mistaken for those of small vessels when ments or (iii) airmail moving via equal­ a height of 15 feet or more above the hull. in fact submarines are large deep draft ized agreements, show separate entries 5. On mechanized landing craft (LCM) vessels with limited maneuvering char­ on Form 2759 for domestic mail and for­ and certain utility landing craft (LCU) only acteristics while they are on the surface. eign mail. Show complete routing of all one 20-point white ligh t is installed and is foreign mail. This will enable the trans­ located in the after part of the ship. Also The newly authorized light is expected in certain utility landing craft, the 20-point to promote safety at sea by assisting in portation division, by making a copy of white light is located 11 feet or less to the the identification of submarines. Form 2759, to make a report of domestic left of the keel line when viewed from ahead. (e) United States submarines may mail to Air Transportation Branch and 6. On 94-feet aircraft rescue boats (no therefore display an amber colored rotat­ of foreign mail to International Services hull classification) and motor-torpedo boats ing light producing 90 flashes per minute Division, Bureau’ of Transportation and (PT), the 20-point white light is located at visible all around the horizon at a dis­ International Services. a maximum of 14 feet below the required (3) American Airlines, Inc., and Pan height (based on International Buie 2 tance of at least 3 miles, the light to be (a) (iii)). located approximately 6 feet above the American World Airways, Inc., have 7. On motor-torpedo boats (FT) the lower masthead light. agreed to equalize rates to lowest charges towing light is located at a maximum of 4 in effect for airmail transported between (Sec. 1 (art. 13), 30 Stat. 99, sec. 4 (rule feet below the required height (based on Honolulu, on the one hand, and Boston, 13(a)), 77 Stat. 203; 33 U.S.C. 182, 1073(a)) international Buie 3 (a)). Chicago, Cleveland, Detroit, Hartford, 8. On hydrofoil patrol craft (PC(H) Approved: August 25, 1965. class) i Springfield, Mass., Nevf York and New­ ark, on the other. Apply the following [ seal] R obert H. B. B a l d w in , a. The masthead and anchor lights shall procedures for airmail. oe located on the centerline and two feet Acting Secretary of the Navy. art of the amidship point instead of in the (i) Enter complete interline routing [F.R. Doc. 65-9225; Filed, Aug. 30, 1965; forepart of such vessels. on the pouch label or POD Label 53. 8:48 a.m .] b. The anchor light shall be carried at a S. - ‘r . •' .. Z.. -r.;. / i .■ ■ «g ■ (ii) Record pouches or outsides on neight above the hull of more than 20 feet. Form 2729 as an on-line dispatch. Show , • 9n ^ f “Propelled crane (no hull clas­ no interline routing in Section No. 2, sification) considerable reduction in the all Title 39— POSTAL SERVICE Form 2729. around visibility of anchor lights exists. (iii) Report irregularities on Form , °f “not under command” lights, are Chapter I— Post Office Department installed, one set on either side of the super- 2759 against the air carrier in possession ructure (based on International Buie PART 96— AIR TRANSPORTATION of the mail when irregularity occurred. *W). (iv) The appropriate postal data rm1«, ^ja^ea—Naval vessels operating Subpart C— Forms and Procedures for center will pay entire transportation tinrTii9rea*' shall carry their naviga- Dispatching Airmail charges, from origin to ultimate destina­ , lights and shapes at the positions com- Py ng with the Begulations for Preventing F orm 2729, A irm ail D ispatch and B il l in g tion, to tiie originating carrier. The isions at Sea, I960, except as fo llo w s: R ecord originating carrier will pay connecting J V « vessels under 150 feet in length carrier for the interline service. 2 ™ “« only one white light under the The regulations of the Post Office De­ * * * * * io«SnUlatl0ns for Preventing Collisions at Sea, partment are amended as follows: win k !*1 additional all around white light In § 96.19 Form 2729, Airmail Dispatch N o t e : The corresponding Postal Manual rarH^f parried which in some cases may be and Billing Record make the following sections are 533.162 an d 533.163. litht t6SS than 50 feet abaft the forward changes: li^ht 111 addition, the after white range (B.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C A. Paragraph (f) (2) is revised to 501, 505; 49 UJS.C. 1375) Pules b7 Rule 3

(4) Revise the provisions relating to consumers of fruit which does not pos­ under applicable regulations of the State publication of (a) notice of committee sess desired quality and flavor. of Florida. Application of the grades in meetings, (b) marketing policy reports, Murcott Honey oranges should be reg­ the U.S. Standards for Grades of Florida and (c) recommendations for, and is­ ulated under the order in the same man­ Oranges and Tangelos has proyed to be - suance of, regulations; ner as, and should be subject to all of the practical in inspecting and certifying (5) Amend the regulatory provisions provisions applicable to, the other citrus grades of Murcott Honey oranges, and of the order to authorize restriction of a fruits that currently are so regulated. the size classifications prescribed in the portion of a grade or size; The production area, as defined in the UJ3. Standards for Florida Tangerines (6) Revise the provision with respect order, is the smallest regional production have been applied in the certification of to expenses to conform with the ap­ area practicable, consistently with carry­ the sizes of such oranges. Further, it plicable provision of the act; and ing out the declared policy of the act, would be practical to prescribe size regu­ (7) Make conforming changes. because such oranges are grown within lations and limit sizes in terms of fruit Findings and conclusions. The fol­ such area and are capable of being diameters. Hence, regulations can be lowing findings and conclusions on the grown throughout such area; and there established to fit this variety and in­ material issues are based upon the evi­ is no commercial production of such spection and certification accomplished dence adduced at the hearing and the fruit in that portion of Florida which is in accord with current practices of the record thereof: outside the production area. Also, the Federal-State Inspection Service. (1) The order should be amended asdistricts should be the same as specified It was shown at the hearing that the hereinafter set forth to extend the scope in the order since such districts identify botanical name of grapefruit, as cur­ of activities thereunder by adding Mur- the principal commercial citrus fruit rently specified in the order, includes cott Honey oranges to the citrus fruits producing areas of the State. both grapefruit and the shaddock; the covered by the order. Murcott Honey The committees, as established under latter being a type of citrus fruit not oranges are similar to the specialty fruits, the order, should continue to be the handled commercially in Florida. The that is, tangerines, Temple oranges, and agencies to recommend regulations to more precise botanical name for “ grape­ tángelos which are currently covered by the Secretary and to perform such other fruit” , and one which does not include the order. H ie Murcott is compara­ duties in connection with the local ad­ other types of citrus fruits is “ Citrus tively new to the Florida citrus fruit in­ ministration of the order as may be paradisi, MacFadyen”. It is concluded, dustry but plantings have increased necessary to effectuate its provisions with therefore, that the order should be rapidly. In the 1951-52 season it was respect to Murcott Honey oranges.. Not amended as hereinafter set forth to sub­ estimated that only about 1,000 trees all growers produce such fruit; nor do stitute such more precise name. had been planted in Florida, and most of all handlers handle it. However, prac­ (2) The Dancy variety of tangerine is these were non-bearing. By 1961-62, it tically all growers and handlers of such the older standard variety and was the was estimated that plantings had in­ fruit grow or handle, as the case may variety handled commercially at the time creased to 690,000, of which 260,000 were be, some or all of the citrus fruits cur­ the order was initially developed. Other bearing and 430,000 non-bearing. Cur­ rently covered by the order. Murcott varieties have been developed and propa­ rently it is estimated that the number Honey oranges are prepared for market gated. One such variety which is attain­ of trees, bearing and non-bearing, totals in essentially the same manner as the ing prominence is the Robinson which is 1,100,000, only about 10 percent less than other citrus fruits currently covered by practically indistinguishable in appear­ the number of tangerine trees that pro­ the order; and harvesting and marketing ance from the Dancy, the principal dif­ duced 3,900,000 boxes of fruit last year. methods are generally the same. The ference being that it matures somewhat Production of Murcott Honey oranges in grower committee, being composed of earlier, has a little higher color, and at­ such year is estimated at 260,000 boxes. growers from all districts, and the han­ tains a slightly larger size than the Dan­ As previously stated, Mureott Honey dler committee, being composed of rep­ cy. The shipping period of the Robin­ oranges are similar to the specialty fruits resentatives of all handlers, should fairly son overlaps with that of the Dancy, covered by the order. Such oranges di­ represent all growers and handlers. and since there is insufficient difference rectly compete in the market with such Furthermore, the competitive relation­ in the outside appearance for inspectors covered fruits. Growers, handlers, and ships with respect to all citrus fruits in to distinguish one from the other, the others closely associated with the citrus the consuming markets should be taken same regulations have been applied to fruit industry can readily distinguish into consideration when determinations both under the order. However, appar­ Murcott Honey oranges from those cov­ are made as to the regulations to be rec­ ently because the Dancy variety has been ered by the order, but the consumer ommended for a particular variety during tiie standard commercial variety for often may believe, for example, that the a particular marketing season. many years, questions have been raised Murcott Honey oranges that are dis­ The regulation of shipments of Mur­ in the industry as to whether the term played in retail stores are tángelos. cott Honey oranges in the manner pro­ "tangerines” as currently defined in the Hence, the level of prices of one directly vided herein, will tend to effectuate the order Is adequate to show that the order affects the price that can be obtained declared policy of the act. Generally, covers, not only the Dancy, but other for the other which, in turn, is reflected higher market prices consistently pre­ varieties similar to it, including the Rob­ in the price that the grower receives for vail for the better grades of all citrus inson, but does not include Ponkans, his fruit. As the volume bf Murcott fruits. Also, the market prices for citrus Clementines, and Satsumas. Honey.oranges available for market has fruits show a consistent correlation be­ It is, therefore, concluded that the term not been large, the shipments to fresh tween size and price, with the largest and “tangerines” as it appears in § 905.5 of market outlets have been made by a rela­ smallest sizes associated with the lowest the order should be revised as hereinafter tively few handlers and good quality price except in the circumstance of a rel­ set forth to indicate clearly the varieties standards generally have been main­ atively few boxes of the small or large of tangerines which are subject to reg­ tained in the grading, packing, and han­ sizes being on the market at a particular ulation under the order. dling so as to obtain market acceptance time. Market conditions affecting prices (3) Districts, representing portions of and develop outlets for such fruit. How- to producers of the citrus fruit being the production area, are provided in the ever, shipment of low grade and off-size made subject to the order will, thus, tend order to facilitate geographic representa­ Murcott Honey oranges has occurred and to be improved through limitation of tion of membership on the Growers Ad­ the less preferred grades and sizes. may be expected to increase as the indi­ ministrative Committee. Currently, the The inspection and certification re­ cated larger volume becomes available order provides for a committee of eight quirements of the order should be appli­ members allocated among seven districts. for market. The presence in the mar- cable to Murcott Honey oranges to aet of unattractive ungraded or other­ Six of such districts are allocated one achieve effective administration of the member position each, and the other wise low quality fruit adversely affects revised program. Only through such in­ district two member positions. At the the overall price structure for the better spection and certification can compliance time these districts were established, Quality fruit not only because of the prici with the regulations issued under the or­ when the order was initially made effec­ competition in the marketing of citru der be reasonably assured. Intrastate tive, most of the citrus crop was shipped fruits but also through the lessening o; shipments of such oranges are currently in fresh form. Information concern­ demand resulting from the purchase b; subject to inspection and certification ing production by counties and districts 11176 PROPOSED RULE MAKING was limited. The division into districts allow for adequate notice and prepara­ indication that releasing a portion of a was based almost wholly on relative fresh tion for nominations on the new basis. grade or size gradually over a period of fruit shipments. It is, therefore, concluded that the order time would not disturb the price struc­ Since the districts were established, should be amended as hereinafter set ture of other grades or sizes permitted to many changes have occurred. Plantings forth. be shipped as much as total release, es­ and production have expanded many Such amendment will render obsolete pecially when volume of the variety is fold. The pattern of plantings and pro­ certain language in the sections of order declining. Generally, the practice is to duction within and among districts has with respeet to composition, nomination, limit the smaller sizes and lower grades changed. Detailed information on acre­ and selection of members of the Growers early in the season, and to Tower the re­ age, production, and utilization of Flor­ Administrative Committee. Such lan­ quirements later in the season as the ida citrus fruits now is available. The guage should be revised as hereinafter supply is diminished. The result has processing outlet now uses 75 percent of set forth to bring the provisions of such been for the supply to become unbal­ the production. Further change is in sections into conformity with the fore­ anced, particularly if the variety is sub­ prospect. These changes have resulted going amendment. ject to spot picking. For example, size in some inequity of representation among (4) The current provisions of the or­210 and smaller sizes of tangerines gen­ districts. It was advanced at the hear­ der require the Growers Administrative erally are restricted early in the season. ing the order should recognize changed Committee to publish in daily newspapers When such sizes are released later they relationships in production, shipments, of general circulation in the citrus-pro­ have constituted 25 to 30 percent of ship­ and acreage among districts, and should ducing districts of Florida (a) a summary ments each week thereafter. While provide authority whereby geographical of each marketing policy report of the there is a limited demand for the smaller representation on the committee could committee, (b) notice of each committee sizes, too large a proportion of the ship­ be considered at regular intervals, and, to meeting to consider recommendations for ments in such size contribute to un­ the extent practicable, action taken regulation, and (c) notice of recommen­ stable marketing conditions. Authorize through realinement of district bound­ dations for, and the issuance of, regula­ for limitation, which would facilitate es­ aries or reallocation of members to effect tions. The required publications have tablishment of regulations to effect a equitable representation among the var­ been inserted in the newspapers by means partial release of a grade or size would ious districts. It was further advanced, of paid legal notices which, ordinarily, contribute to a better managed supply and it is so concluded, that should such are carried in small print on the back situation and in turn to the establish­ consideration indicate that such equi­ pages. At the same time, it has been, and ment of orderly marketing. table relationship could be effected by the likely will continue to be, customary for The record indicates that it would be addition of a ninth member position on these newspapers to carry front page impractical to establish a regulation the committee and allocation of such news items concerning the foregoing. effecting release of a portion of more position to a district with or without The committee has not relied on the than one grade or size, or both, of any realinement of district boundaries such required publications to assure that the one variety at a time. The portion of also should be authorized. information is known to handlers. a grade or size of a variety permitted to The record indicates that any redefini­ Handler bulletins setting forth the in­ be shipped should be set on a weekly tion of districts or reallocation of com­ formation are also mailed by the com­ basis and the quantity permitted to be mittee membership should take into mittee to all citrus fruit packinghouses, shipped by'a handler each week should account shipments, production, and acre­ to other interested persons who have re­ be set as a percent of the total quantity age but that strict adherence to a for­ quested the information, and to all citrus of such variety shipped by him during mula based on these factors should not be fruit inspectors of the Federal-State In­ such week. For example, if the regula­ required. Such redefinition may involve spection Service. These inspectors are tion permits 10 percent of total ship­ a change in the number of districts, the present in each citrus fruit packinghouse ments of a particular variety to consist of incorporation of territory from one dis­ whenever regulated fruit is being packed. an otherwise restricted grade or size, trict into another, or the combination of Any packinghouse owner or operator who each handler would be entitled to ship existing districts. The current regula­ may have misplaced his bulletin may during that week one box of the par­ tory provisions of the order recognize readily obtain information concerning tially restricted grade or size of that distinctive characteristics of fruit grown the current regulations from the inspec­ variety for each nine boxes he ships of in the Indian River area—Regulation tor in his packinghouse. the unrestricted grades or sizes of such Area II. Combination of fractional It is concluded, therefore, that con­ variety. parts of such area with portions of other tinuation of the expense of the paid no­ The evidence of record indicates an regions of the production area whose tices is not warranted; and the order awareness of problems involved in en­ fruit does not possess such characteris­ should be amended as hereinafter set forcement of restrictions which partially tics as may be required by an inflexible forth. restrict a grade or size. However, in­ formula would be impractical from the (5) The order should be amended toformation now is required to be furnish­ standpoint • of representation on the authorize the limitation of a percentage ed the committee under the order from committee. of grade or size of the fruits covered by which analysis can be made by shipper, The order should provide for main­ the order. Such authority would in­ variety, grade, size, and date of ship­ taining, to the extent practical, equity of crease the flexibility of the order and ment. Therefore, it will be relatively committee representation among the dif­ facilitate the tailoring of regulations to simple to ascertain the proportion of ferent geographic areas of the produc­ take advantage of prevailing marketing shipments of individual shippers that tion area. The record indicates that it situations. Current provisions of the are represented by the partially restrict­ would be desirable for the committee as order authorize limitation by grade and ed grade or size of each variety so that one of its duties to consider redefinition size, and, while it is possible to prescribe violations may be readily detected. of districts and changes in representa­ regulations that permit shipment of por­ (6) The order should be amended as tion in the 1965-66 year and every fifth tions of lower grades and smaller sizes hereinafter set forth to bring the lan­ year thereafter, and that any such re­ by increasing grade tolerances and re­ guage of § 905.40 Expenses into conform­ definition or change should be considered stricting sizes in terms of diameters not ity with the currently applicable pro­ in the light of the average production, corresponding to the ranges for a par­ visions of the act. Such conformity shipments, and acreage of the previous 5 ticular size, such regulations result in would make available the latitude af­ years. Restricting such consideration, confusion in inspection and upset normal forded by the act in connection with ex­ after the initial one, to not oftener than packing procedures. penses recommended by the committee every 5 years would be in the interest of Generally, the higher grades and for approval and would thus contribute preserving stability of operations under larger sizes of fruit bring better re­ to efficient administration of this reg­ the Order. In any event, any recom­ turns to growers. Under certain cir­ ulatory program. mendation with respect to redefinition cumstances, however, it can be advan­ Rulings on proposed findings and con­ of districts or reallocation of membership tageous to permit the shipment of a clusions. July 9, 1965, was fixed as the should be forwarded to the Secretary in latest date for the filing of briefs with sufficient time so that if such is approved portion of a lower grade or smaller size in order to facilitate the filling of a par­ respect to the facts presented in evidence it can be announced on or before March at the hearing ancTon the findings and 1 of the then current fiscal period to ticular demand. Further, there is an Tuesday, August 31, 1965 FEDERAL REGISTER 11177

conclusions which should be drawn called “round oranges” , except Valencia, or before March l of the then current therefrom. No brief was filed. Lue Gim Gong, and similar late matur­ fiscal period. General findings. (1) The marketing ing oranges of the Valencia type; agrément, as amended, and as hereby (b) Valencia, Lue Gim Gong, and (7) Paragraph (d) of § 905.50 Mar­ propos«! to be amended, and the order, similar late maturing oranges of the keting Policy is revised to read as follows: as amended, and as hereby proposed to Valencia type; (d) The Growers Administrative be amended, and all of the terms and (c) Temple oranges; Committee shall transmit a copy of each conditions thereof, will tend to effectuate (d) Marsh and other seedless grape­ marketing policy report or revision the declared policy of the act ; fruit, excluding pink grapefruit; thereof to the Secretary and to each (2) The marketing agreement, as (e) Duncan and other seeded grape­ producer and handler who files a request amended, and as hereby proposed to be fruit, excluding pink grapefruit; therefor. Copies of all such reports shall amended, and the order, as amended, (f) Pink seedless grapefruit; be maintained in the office o f the com­ and as hereby proposed to be amended, (g) Pink seeded grapefruit; - mittee where they shall be available for regulate the handling of oranges (includ­ (h) Tangelos; examination by producers and handlers. ing Temple and Murcott Honey oranges), (i) Dency and similar tangerines, in­ grapefruit, tangerines, and tangelos cluding Robinson; and (8) Paragraph (c) of § 905.51 Rec­ grown in the production area in the same (j) Murcott Honey oranges, ommendations for Regulations is revised manner as, and are applicable only to to read as follows: persons in the respective classes of in­ (3) The first sentence of § 905.21 is re­ (c) The Growers Administrative dustrial or commercial activity specified vised to read as follows: “The Growers Committee shall give notice of any meet­ in, the marketing agreement and order Administrative Committee shall consist ing to consider the recommendation of upon which hearings have been held; of at least eight but not more than nine regulations pursuant to § 905.52 by (3) The marketing agreement, as members, each of whom shall have an mailing a notice of meeting to each han­ amended, and as hereby proposed to be alternate, all of whom shall be producers dler who has filed his address with said amended, and the order, as amended, who shall not be handlers or employed committee for this purpose. The said and as hereby proposed to be amended, by handlers.” committee shall give the same notice of are limited in their application to the (4) The first and second sentences of any such recommendation before the smallest regional production area that § 905.22(b) are deleted and the follow­ time it is recommended that such regu­ is practicable consistently with carrying ing inserted in lieu thereof: “Producers lation become effective. out the declared policy of the act; in each respective district shall nominate (4) The marketing agreement, as for membership on the Growers Admin­ (9) Paragraph (b) of § 905.52 Regu­ amended, and as hereby proposed to be istrative Committee, at least twice the lation by the Secretary is revised to read amended, and the order, as amended, number of producers as the number of as follows: and as hereby proposed to be amended, positions to be filled from the district. At least half the producers so nominated

the 5-mile radius area to 8 miles south the east by a 19-mile radius arc cen­ I 14 CFR Part 71 ] of the airport; and that airspace ex­ tered on the Tuscaloosa, Ala., VOR, on tending upward from 1,200 feet above the the southeast by V-18, and on the west (Airspace Docket No. 64—EA-25] surface within a 40-mile radius of Co­ by longitude 88°00'00" W.; including CONTROL ZONE AND TRANSITION lumbus APB excluding that portion that airspace north of the 40-mile radius AREAS which coincides with the Tupelo, Miss., area, bounded on the west by the Tupelo, transition area; including that airspace Miss., transition area, on the north by Proposed Alteration and Designation southeast of the 40-mile radius area V-176 and on the east by longitude 87 °- Correction bounded on the northeast by V-278S, 55'00" W.; and that airspace extend­ on the east by a 19-mile radius arc cen­ ing upward from 5,000 feet above mean In F.R. Doc. 65-8898 appearing at page tered on the Tuscaloosa, Ala., VOR, on sea level within 5 miles each side of the 10954 in the issue for Tuesday, August the southeast by V-18, and on the west Caledonia VOR 310° radial extending 24, 1965, the following passage in the by longitude 88°00'00" W.; including from the 40-mile radius area to longitude second paragraph of the description of that airspace north of the 40-mile radius 89°20'00" W., excluding that portion the Columbus, Ohio, transition area area, bounded on the west by the Tupelo, which coincides with the Tupelo, Miss., should be deleted: “83°30'00" N., 83°59'- Miss., transition area, on the north by transition area; and that airspace ex­ 00" W.to39°19'00" N. . V-176 and on the east by longitude 87 °- tending upward from 10,000 feet above 55'00" W.; and that airspace extending mean sea level southwest of the 40-mile upward from 5,000 feet above mean sea radius area bounded on the north by level within 5 miles each side of the V-278, on the west by longitude 89°17'- FEDERAL COMMUNICATIONS Caledonia VOR 310° radial extending 00" W., on the south by latitude 33°03'- from the 40-mT.e radius area to longitude 00" N., and on the southeast by a line COMMISSION 89°20'00" W., excluding that portion extending from latitude 33°03'00" N., which coincides with the Tupelo, Miss., longitude 88o57'40'f W. to the intersec­ E 47 CFR Part 73 ] transition area; and that airspace ex­ tion of longitude 88°47'00" W. and the [Docket No. 15201; R M -407] tending upward from 10,000 feet above 40-mile radius arc centered on Columbus mean sea level southwest of the 40-mile AFB. TV BROADCAST STATIONS radius area bounded on the north by The proposed transition area alteration Use of Airborne Television Transmit­ V-278, on the west by longitude 89 °- is needed for the protection of IFR opera­ ters; Order Extending Time for Fil­ 17'00" W., on the south by latitude 33°- tions at the Oktibbeha Airport, Stark- ing Responses 03'00" N., and on the southeast by a ville, Miss. A prescribed instrument ap­ line extending from latitude 33° 03'00" proach procedure is proposed to become 1. The Commission issued a Report N., longitude 88°57'40" W. to the inter­ effective concurrently with the altera­ and Order (FCC 65-588) in the above section of longitude 88°47'00" W. and tion of this transition area. proceeding on July 2,1965. On August 2, the 40-mile radius arc centered on Co­ Interested persons may submit such 1965, Midwest Program for Airborne lumbus APB. written data, views or arguments as they Television Instruction, Inc., filed a Peti­ The proposed Columbus, Miss., tran­ may desire. Communications should be tion for Reconsideration of that Order. sition area would be designated as submitted in duplicate to the Director, As a result of a request by the Associa­ that airspace extending upward from Southern Region, Attention: Chief, Air tion of Maximum Service Telecasters, 700 feet above the surface within Traffic Division, Federal Aviation Agency, Inc. (M ST), and for good cause shown, a 7-mile radius of Columbus AFB Post Office Box 20636, Atlanta, Ga., the date for filing responses to the Peti­ (latitude 33°38'38" N., longitude 88°- 30320. All communications received tion for Reconsideration and various 26'39" W .) ; within a 5-mile radius within 30 days after publication of this Motions for Rehearing was extended to of the Columbus-Lowndes County Air­ notice in the F e d e r a l R e g is t e r will be August 26, 1965. port (latitude 33°27'52" N., longitude considered before action is taken on the 2. We presently have under considera­ 88°22'50" W.) clockwise between a 357° proposed amendment. No hearing is tion a request filed by MST asking that and 297° bearing from the airport and contemplated at this time, but arrange­ the time for filing responses be extended within a 7-mile radius of the Columbus- ments for informal conferences with an additional five days to August 31, Lowndes County Airport clockwise be­ Federal Aviation Agency officials may be 1965. The reason given is the absence tween a 297° and a 357° bearing from made by contacting the Chief, Air Traf­ on vacation of counsel who has been the 'airport; within a 5-mile radius of fic Division. Any data, views or argu­ handling this proceeding and the need Oktibbeha Airport (latitude 33°29'45" ments presented during such confer­ for the additional time to prepare a N„ longitude 88°41'00" W.) ; within 2 ences must also be submitted in writing meaningful responsive pleading. miles each side of the Columbus VORTAC in accordance with this notice in order 3. We believe that good cause has been to become part of the record for con­ shown for this further extension, and 276° radial extending from the Oktib­ sideration. The proposal contained in accordingly: It is ordered, This 26th day beha Airport 5-mile radius area to the this notice may be changed in the light of August 1965, that the time for filing VORTAC; within 2 miles each side of of comments received. , responses to the Petition for Reconsid­ the Columbus VORTAC 101° radial ex­ The official Docket will be available eration and Motions for Re-hearing is tending from the Columbus-Lowndes for examination by interested persons at extended from August 26, 1965, to Au­ County Airport 5-mile radius area to gust 31,1965. the Southern Regional Office, Federal the VORTAC; within 2 miles each side 4. This action is taken pursuant to Aviation Agency, Room 724, 3400 Whip­ of a 180° bearing from the Columbus- authority found in sections 4 (i), 5(d) (1) ple Street, East Point, Ga. Lowndes County Airport extending from of the Communications Act of 1934, as This amendment is proposed under the 5-mile radius area to 8 miles south amended, and § 0.281(d) (8) of the Com­ sec. 307(a) of the Federal Aviation Act mission’s rules. of the airport; and that airspace extend­ of 1958 (49 U.S.C. 1348(a)). ing upward from 1,200 feet above the Released: August 26, 1965. Issued in East Point, Ga., on August surface within a 40-mile radius of Co­ F e d e r a l C ommunications lumbus AFB excluding that portion 23,1965. C o m m i s s i o n , which coincides with the Tupelo, Miss., J a c k G. W e b b , [ s e a l ] B e n F . W a p l e , transition area; including that airspace, Acting Director, Southern Region. Secretary. southeast of the 40-mile radius area [F.R. Doc. 65-9185; Filed, Aug. 30, 1965; [F.R. Doc. 65-9215; Filed, Aug. 30, 1965; bounded on the northeast by V-278S, on 8:45 a.m .] 8:48 a.m .] Nó. 168------a Notices

be taken against the respondents. On HpnJ official of SOCORIN, handled the DEPARTMENT OF THE TREASURY consideration of the record, I hereby transaction on behalf of the firm. The make the following : proposed sale to SOCORIN was contrary Bureau of Customs Findings of fact. 1. The respondent to the restrictions in the U.S. Export [T.D. 56470] Erwin Tautner is a resident of Vienna, Regulations and contrary to the limita­ Austria, and is an electronics engineer. tion placed on the disposition of the [Delegation Order 22] A t the time here material he was em­ equipment by virtue of the destination FIELD OFFICERS ployed by the firm Austronik Gm.b.H., control notice appearing on the invoices which firm was a distributor of elec­ under which the equipment was shipped Functions, Rights, Privileges, Powers, tronic equipment, including some which to Austronik, and Tautner had knowl­ and Duties was of U.S. origin. Some of the aspects edge of such restrictions and limitations. of the transactions hereinafter described 7. As part of Tautner’s plan to sell A u g u s t 24, 1965. were carried out by Tautner in the name the instruments to SOCORIN, he decided By virtue of authority vested in me of Austronik, but the evidence does not that he would first have them received by Treasury Department Order No. 165, establish that Austronik knowingly par­ into Austria as an import, thereby ter­ Revised (T.D. 53654, 19 FJt. 7241), there ticipated in any activities in violation of minating their status as goods in tran­ are hereby delegated to district directors U.S. Export Regulations. sit. Tautner engaged the services of PI- of customs and to regional commission­ 2. The respondent PI-M O K. Pirker & MO to obtain an Import Certificate from ers of customs all functions, rights, Co. at the time here material was a part­ the Austrian authorities so that the in­ privileges, powers, and duties now vest­ nership, consisting of Mrs. Elf riede struments could be received into Austria ed in collectors of customs and all those Mondschein and Karl Pirker, and had a as an import, and also to assist him in now vested in appraisers of merchandise, place of business in Vienna, Austria. The making the sale to SOCORIN. effective on the dates that the creation firm traded in radio, communications, 8. In May 1963 PI-MO, at the request of said offices of district directors and and electronic equipment of various of Tautner and through him, placed an regional commissioners become effec­ kinds. Pirker had engineering training oral order with Austronik for two elec­ tive under Treasury Department Order and was technical manager of the firm, tronic counters aryl one microvolt/am- No. 165-17 . 56464, 30 F.R. 10913). and Mrs. Mondschein was business man­ meter of the same types which the [ s e a l ] L e s t e r D. J o h n s o n , ager. The transactions hereinafter de­ Geneva subsidiary of the UB. manufac­ Commissioner of Customs. scribed were handled on behalf of P I- turer had shipped to Austronik and which are referred to in Finding No. 3. [FJR. Doo. 65-9201; Filed, Aug, 30, 1965; MO by Mrs. Mondschein. 8:46 a.m .] 3. Pursuant to orders from Austronik, On July 12, 1963, PI-M O filed an appli­ which were initiated by Tautner, the cation with the Austrian Federal Min­ Geneva (Switzerland) subsidiary of a istry for Trade and Reconstruction for U.S. electronics equipment manufacturer an Import Certificate for the said U.S.- DEPARTMENT OF COMMERCE shipped to Austronik on December 19, origin instruments. In said application 1962, and February 28, 1963, two elec­ PI-M O represented that it desired to Bureau of International Commerce tronic counters and two microvolt/am- import said instruments for use in its ERWIN TAUTNER ET A L meters. Each of the invoices under own business as testing equipment and which these instruments were shipped to not for resale or reexport. On PI-M O’s Order Denying Export Privileges Austronik had included thereon a desti­ representations an Import Certificate nation control notice limiting disposition was issued to it on July 17, 1963, au­ In the matter of Erwin Tautner, 27/4 of the equipment to Austria and warning thorizing it to import said instruments Belhof erg asse, Vienna XII, Austria; that diversion contrary to U.S. law was for its own use and not for resale or PI-M O K. Pirker & Co., 64 Mollardgasse, prohibited. reexport. PI-M O never intended to ac­ Vienna VI, Austria; Mrs. Elfriede Mond­ 4. The employees of Austronik were quire the equipment for its own use as schein, c/o PI-M O Technische Industrie­ under instructions to sell only to end- it had represented. produkte und Elektronik G.m.b.H., 64 users and not to dealers for resale. They 9. PI-M O furnished Tautner with its Mollardgasse, Vienna VI, Austria; Karl were also under instructions not to par­ blank invoice form, and Tautner pre­ Pirker, c/o PI-M O Technische Industrie­ ticipate directly or indirectly in business pared an invoice on this form to produkte und Elektronik Gm.b.H., 64 with Eastern European countries and in SOCORIN for the three instruments Mollardgasse, Vienna VI, Austria, re­ transactions behind the Iron Curtain. above-referred to. Tautner agreed to spondents; Case No. 346. Tautner was aware of these instructions. pay PI-M O a commission of 5 percent The Investigations Division, Office of 5. When the instruments referred to of Austronik’s invoice price for its serv­ Export Control, Bureau of International in Finding No. 3 arrived in Vienna from ices in connection with the transaction. Commerce, U.S. Department of Com­ Switzerland, they were entered through This amounted to 6,557.50 A u strian merce, issued a charging letter to the Austrian customs as transient shipments schillings (approximately $250). above respondents on January 27, 1965, and were stored for Austronik’s account 10. Perinetti, acting on behalf of charging violations of the Export Control by a forwarding firm in a free port ware­ SOCORIN, arranged to have an ac­ Act and Regulations thereunder. The house. quaintance of his in Vienna assist charging letter was served on the re­ 6. A t the time Tautner ordered the SOCORIN in obtaining possession of the spondents and they filed answers but did instruments from the Geneva subsidiary instruments. Pursuant to instructions not request an oral hearing. An in­ he intended to sell them to Schifter & from Perinetti, said acquaintance ob­ formal hearing was held before the Co., a Vienna trading firm and not an tained from Tautner a letter of disposal Compliance Commissioner on July 15, end-user. Subsequently, he decided that 1965, at which time evidence in support addressed to the forwarding firm which he would not go through with the sale to had possession of the goods authorizing it of the charges was presented cm behalf Schifter. He then made arrangements of the Investigations Division. The to transfer the goods. After one inter­ to sell the instruments to the firm So­ mediate transfer, the goods were trans­ Compliance Commissioner has con­ ciété Per n Commercio Internationale sidered the record in the case, including ING (referred to as SOCORIN), which ferred to the forwarding firm Express the defenses raised by respondents, and had a place of business in Trieste, Italy, Internationale Spedition, Vienna. On he has submitted to the undersigned a and a business address in Vienna, Aus­ instructions from SOCORIN this for­ written report including findings of fact tria, although it was not known to have warding firm forwarded the goods to a and findings that violations have oc­ consignee in Budapest, Hungary, on July curred. He has recommended that done any business in Vienna. Mr. Dante 19, 1963. remedial action as hereinafter set forth Perinetti, one of the owners and a prin- 11180 Tuesday, August 31, 1965 FEDERAL REGISTER 11181

11. Austronik received payment for As to the respondent Pirker, it was PI-M O firm, and that to prevent evasion the goods on July 18, 1963, by a postal claimed that he was innocent in the af­ of the denial order it should be made remittance showing PI-M O as remittor. fair since he was a technician in the P I- applicable to the new PI-M O firm. I This remittance was prepared by Taut- MO firm and Was not concerned with its adopt the findings and recommendation ner, but paid for by SOCORIN’S agent. business affairs which were carried on of the Compliance Commissioner, and 12. A few weeks after July 19, 1963, by Mrs. Mondschein. In rejecting this this order is applicable to said PI-M O SOCORIN’S agent, on instructions from contention, the Compliance Commis­ Technische Industrieprodukte- u n d Perinetti, paid Mrs. Mondschein for PI- sioner said: Elektronik G.m.b.H. as though it was MO the agreed commission of 6,557.50 It is alleged on behalf of Pirker that named as a respondent herein. Austrian schillings. he was innocent in the affair since he was Now, after considering the record in 13. The partners of PI-MO knew that a technician and was not concerned with the case and the report and recommenda­ there were restrictions on the reexporta­ the business matters of the firm. Pirker tion of the Compliance Commissioner and tion of U.S.-origin commodities from was a partner in the PI-MO firm. He was being of the opinion that his recom­ Austria, and they knew or should have at * * * (an) interview on July 11, 1963, mendation as to the sanctions that known that their participation in this and was well aware of the concern of the US. Government regarding reexportations to should be imposed is fair and just and transaction was in violation of the U.S. unauthorized destinations. I do not believe calculated to achieve effective enforce­ Export Regulations. that he had complete lack of knowledge of ment of the law. Based on the foregoing, I have con­ Mrs. Mondschein’s dealings regarding the It is hereby ordered: cluded that all of the respondents vio­ Hewlett-Packard equipment in question. As I. All outstanding validated export li­ lated § 381.3 of the Export Regulations a partner in the firm, he must share some censes in which respondents appear or in that they acted in concert to bring of the responsibility for the actions of his participate in any manner or capacity are about and do acts which constituted co-partner. In any event, where a denial order lis entered against a partnership, it has hereby revoked and shall be returned violations of §§381.4 and 381.5 of the been our consistent practice to make it ap­ forthwith to the Bureau of International Export Regulations. I have further con­ plicable to the individual partners. Commérce for cancellation. cluded that the respondent Erwin Taut- II. Except as qualified in Paragraph ner violated the following sections of With respect to the sanctions that IV hereof, the respondents for the dura­ the Export Regulations in the following should be imposed, the Compliance Com­ tion of export controls are hereby denied described manner: § 381.2, in that he missioner said, in part, as follows: all privileges of participating, directly knowingly caused, induced, and pro­ Sanctions are Imposed in cases of this or indirectly, in any manner or capacity, cured the doing of acts prohibited by type for their deterrent effect and to bring in any transaction involving commodi­ the Export Regulations; § 381.3(a) , in about compliance with the law. We could, ties or technical data exported from the that he solicited the commission of acts of course, deny to these parties all U.S. ex­ United States in whole or in part, or to be which constituted violations of the Ex­ port privileges fo r the duration of export con­ trols without reservations. Where parties are exported, or which are otherwise sub­ port Regulations; § 381.4, in that he not incorrigible the sanction should be ject to the Export Regulations. Without ordered, received, sold, and disposed of severe enough to achieve its purpose, and limitation of the generality of the fore­ commodities exported ' from the United the parties should be afforded the opportu­ going, participation prohibited in any States with knowledge that violations nity to demonstrate that they can again be such transaction, either in the United of the Export Regulations' were about trusted to deal in US. goods. I do not be­ States or abroad, shall include participa­ to and intended to occur with respect to lieve that these parties are incorrigible. tion: (a) As a party or as a representa­ such transaction; § 381.5, in that he Although the infractions of both PI-MO and Tautner were knowing and deliberate, tive of a party to any validated export knowingly induced and procured persons Tautner is the more culpable. It was he license application; (b) in the prepara­ to make false statements to and conceal who devised the scheme to bring about the tion or filing of any export license ap­ material facts from the Office of Export unlawful reexportation and he was able to plication or reexportation authorization, Control indirectly through a foreign gov­ enlist the wiUing participation of PI-MO. or document to be submitted therewith; ernment agency in connection with the As to all respondents, I recommend that they (c) in the obtaining or using of any issuance of an export control document, be denied export privileges for the duration validated or general export license or and for the purpose of effecting a reex­ of export controls. However, as to the PI-M O respondents, I would give them the privilege other export control documents; (d) in portation; and § 381.6, in that he know­ of applying after three years to have their the carrying on of negotiations with re­ ingly caused the reexportation and diver­ export privileges restored conditionally while spect to, or in the receiving, ordering, sion of U.S.-origin commodities contrary they remain on probation. Such applica­ buying, selling, delivering, storing, using, to the Export Regulations and contrary tions should be supported by evidence show­ or disposing of any commodities or tech­ to restrictions on destination control ing compliance with the terms of the order nical data; (e) in the financing, forward­ notices on invoices. and such disclosure of their import-export ing, transporting, or other servicing of transactions as may be deemed appropriate. such commodities or technical data. In rejecting one of Tautner’s principal Such applications will be considered on their defenses, the Compliance Commissioner merits and in the light of conditions and III. Such denial of export privileges said: policies existing at that time. Export privi­ shall extend not only to the respondents, leges may be restored under such terms and but also to their successors, representa­ The fact that certain criminal proceedings conditions as appear to be appropriate. As tives, agents, and employees, and also against Tautner in the Austrian court were to Tautner, I would give him the privilege to any person, firm, corporation, or other dropped cannot be accepted as establishing of applying for restoration of export privi­ business organizatipn with which they his innocence in this compliance proceed- leges after five years under the same terms now or hereafter may be related by affili­ tog- I am willing to assume, as Tautner and conditions. claims, that on Austronik’s initiative he was ation, ownership, control, position of charged with fraud, embezzlement, and viola­ The Compliance Commissioner re­ responsibility, or other connection in the tions of foreign-exchange regulations and ported that the respondent firm PI-M O conduct of trade or services connected that the proceedings were dropped and he K. Pirker & Co. has been liquidated, and therewith, including the firm PI-M O was completely exonerated. T h e crim inal a new firm called PI-M O Technische Technische Industrieprodukte- und proceedings were under Austrian law and Industrieprodukte- und Elektronik Elektronik G.m.b.H. obviously were not for violations with which G.m.b.H. is carrying on the activities of IV. Three years after the effective he is charged in the present case, and the issues which were before that court are dif- the old firm at the same address and date of this order the respondents ffrent frorn the issues now before us. Even that the partners of the new firm include Pirker, Mondschein, and PI-M O K. if the issues were the same, we would not the respondents Pirker and Mrs. Mond­ Pirker & Co. may apply to have the effec­ necessarily be bou nd by a judgm en t o f a schein. There are two additional part­ tive denial of their export privileges held foreign court. Indeed, a judgment of not ners in the new PI-M O firm, namely in abeyance while they remain on proba­ guilty in a criminal case in a United States Eugen Loeffler and Alexander Kraaz, both court for violations of the Export Control of Wuppertal, West Germany. The tion. Five years after the effect date of Act would not necessarily preclude an adverse Compliance Commissioner found that by this order the respondent Tautner may nnding. in compliance proceedings fo r the apply to have the effective denial of his same violations. This is so because proof reason of the ownership, control, posi­ or violations in criminal cases must be estab- tions of responsibility, and affiliation that export privileges held in abeyance while ished by a higher degree of p roo f th an is Pirker and Mrs. Mondschein have in the he remains on probation. Such applica­ necessary in compliance cases, w hich are civil new PI-MO, the said firm is a related tions as may be filed by said respondents proceedings. party to said individuals and to the old shall be supported by evidence showing 11182 NOTICES 2. Sodium nitrite, subject to the lim­ compliance with the terms of this order Notice is also hereby given that there will be no change in the phases of time itation for use at a level not to exceed and such disclosure of details of their 1 percent by weight of the closure-sealing activities dining said years as may be pulses emitted from radio stations W W V, Greenbelt, Md., and WWVH, Maui, gasket composition. necessary to determine their compliance 3. Sodium polyacrylate, subject to the with this order. Such applications will Hawaii, on October 1, 1965. These pulses limitation for use at a level not to exceed be considered on their merits and in the at present occur at intervals which are 5 percent by weight of the closure-seal­ light of conditions and policies existing long«: than one second by 150 parts in at that time. The respondents’ export 1010, due to the offset maintained in car­ ing gasket composition. privileges may be restored under such rier frequencies, as coordinated by the Dated: August 23, 1965. terms and conditions as appear to be Bureau International de l’Heure (BIH ). The phase adjustments ensure that the M a l c o l m R. S t e p h e n s , appropriate. Assistant Commissioner V. During the time when any respond­emitted pulses from all stations will re­ for Regulations. ent or other .person within the scope of main within about 100 ms of the UT2 this order is prohibited from engaging scale. They are made necessary because [F.R. Doc. 65-0210; Filed, Aug. 30, 1965; in any activity within the scope of Part of changes in the speed of rotation of the 8:47 a.m .] n hereof, no person, firm, corporation, earth with which the UT2 scale is asso­ partnership, or other business organiza­ ciated. Daily UT2 information is ob­ tion, whether in the United States or tained from forecasts of UT2 provided elsewhere, without prior disclosure to weekly by the U.S. Naval Observatory in FEDERAL COMMUNICATIONS and specific authorization from the Bu­ accordance with the close cooperation reau of International Commerce, shall maintained between the two agencies. COMMISSION [Docket Nos. 15977,15978] do any of the following acts, directly or A. V. A s t in , indirectly, in any manner or capacity, cm Director. MORGAN BROADCASTING CO. AND behalf of or in any association with any respondent or other person denied ex­ [F.R . Doc. 65-9186; Filed, Aug. 30, 1965; DICK BROADCASTING CO., INC., port privileges within the scope of this 8:45 a m .] OF TENNESSEE order, or whereby any such respondent Memorandum Opinion and Order; or such other person may obtain any benefit therefrom or have any interest or DEPARTMENT OF HEALTH, EDU­ Correction participation therein, directly or indi­ In re applications of Harry J. Morgan, rectly: (a) Apply for, obtain, transfer, or CATION, AND WELFARE trading as Morgan Broadcasting Co., use any license, Shipper’s Export Dec­ Food and Drug Administration Knoxville, Term., Docket No. 15977, File laration, bill of lading, or other export No. BPH-4503; Dick Broadcasting Co., control document relating to any ex­ BLUE CHANNEL CORP. Inc. of Tennessee, Knoxville, Tenn., portation, reexportation, transshipment, Docket No. 15978, File No. BPH-4650; for or diversion of any commodity or tech­ Notice of Filing of Petition for Food construction permits. nical data exported or to be exported Additive Sodium Nitrite On the Review Board’s own motion: from the United States, by, to, or for any I t is ordered, This 25th day of August such respondent or other person denied Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. 1965, that the Memorandum Opinion and export privileges within the scope of this Order (FCC 65R-308; corrected), re­ order; or (b) order, buy, receive, use, sell, 409(b)(5), 72 Stat. 1786 ; 21 U.S.C. 348(b) (5)), notice is given that a petition leased August 20,1965, is modified by the deliver, store, dispose of, forward, trans­ following corrections: port, finance, or otherwise service or (FAP 6A1829) has been filed by The Blue Channel Corp., Port Royal, S.C., (a) In the penultimate sentence of participate in any exportation, reexpor­ paragraph 5, change "5 1.525” to read tation, transshipment, or diversion of any 29935, proposing an amendment to § 121.1064 Sodium nitrite to provide for "§ 1.113” ; commodity or technical data exported (b) In footnote 4, add “ 2d” after or to be exported from the United States. the safe use of sodium nitrite as a pre­ servative and color fixative in canned “RR”; Dated: August 23, 1965. crabmeat at a level not to exceed 250 (c) In the third line of subsection (b) parts per million. of the Ordering paragraph on page 4, This order shall become effective on change “June 28” to read "June 10” . August 31, 1965. Dated: August 25, 1965. Released: August 26,1965. R atter H. M e y e r , M a l c o l m R. S t e p h e n s , Director, Office of Export Control. * Assistant Commissioner F e d e r a l C ommunications for Regulations. C o m m i s s i o n , [F Jt. Doc. 65-9147; Filed, A u g. 30, 1965; [ s e a l ! B e n F . W a p l e , 8:45 a m .] [FJl. Doc. 65-0209; Filed, Aug. 30, 1965; Secretary. 8:47 a.m .] [F.R . Doc. 65-9216; Filed, Aug. 30, 1965; National Bureau of Standards 8:48 a.m .] W. R. GRACE & CO. NATIONAL BUREAU OF STANDARDS [Docket Nos. 15548,15614; FOC 65M—1092] RADIO STATIONS Notice of Filing of Petition for Food Additives TRIAD STATIONS, INC., AND Notice of U.S. Standard Frequency MARSHALL BROADCASTING CO. and Time Broadcasts Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. Order Scheduling Prehearing In accordance with the National Bu­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Conference reau of Standards policy of giving (b) (5)), notice is given that a petition monthly notices regarding changes in (FAP 6B1811) has been filed by W. R. In re applications of Triad Stations, phases of time pulses, notice is hereby Grace & Co., 62 Whittemore Avenue, Inc., Marshall, Mich., Docket No. 15548, given that there will be an adjustment Cambridge, Mass., 02140, proposing an File No. BPH-4131; Marshall B ro a d c a s t­ in the phase of seconds pulses emitted amendment to § 121.2550 Closures with ing Co., Marshall, Mich., Docket No. from radio station WWVB, Fort Collins, sealing gaskets for food containers to 15614, H ie No. BPH-4327; for con­ Colo. On October 1, 1965, the clock at provide for the use of three new items, struction permits. The Hearing Examiner having under the station will be retarded by 200 ms at as follows: consideration the Review Board’s Mem­ 0000 hours UT (7 p.m., e.s.t., of Septem­ 1. Sulfur, subject to the limitation for orandum Opinion and Order released ber 30). The successive time pulses use only in vulcanized natural or syn­ thetic rubber gasket compositions as a November 27, 1964 (FCC 64R—540); his emitted from station WWVB are one Memorandum of Ruling released Dec«11' second apart. The carrier frequency of vulcanizing agent in the elastomer at a level not to exceed 4 percent by weight ber 3, 1964 (FCC 64M-1218); his O rders WWVB is 60 kHz, and is broadcast with­ released December 21, 1964 (FCC 64M- out offset. of the elastomer. Tuesday, August 31, 1965 FEDERAL REGISTER 11183

1266) and February 4, 1965 (FCC 65M- [Docket No. 14040; FCC 65M-1091] Interested parties may inspect and ob­ tain a copy of the agreement at the 136) ; the Commission’s Report and ADMINISTRATOR OF GENERAL SERV­ Order released June 18, 1965 (FCC 65- Washington Office of the Federal Mari­ 541) ; and the letters of counsel for the ICES AND AMERICAN TELEPHONE time Commission, 1321 H Street NW., applicants dated August 5 and 12, 1965; AND TELEGRAPH CO. Room 301; or may inspect agreements at It appearing, That effective July 26, Order Continuing Hearing the offices of the District Managers, New 1965, the FM Table of Assignments York, N.Y., New Orleans, La., and San (§ 73.202 of the Commission’s rules) has In the matter of United States of Francisco, Calif. Comments with ref­ been amended by adding Channel 244a America by the Administrator of Gen­ erence to an agreement including a re­ to Albion, Mich, (see the above-refer­ eral Services, Washington, D.C., com­ quest for hearing, if desired, may be enced Report and Order), to which is plainant v. American Telephone & Tele­ submitted to the Secretary, Federal assigned Channel 285A; and graph Co., et al., defendants; Docket Maritime Commission, Washington, D.C., It further appearing, That Triad Sta­ No. 14040. 20573, within 20 days after publication tions, Inc. has stated that it will amend The Examiner having under consider­ of this notice in the F e d e r a l R e g is t e r . its subject application by specifying the ation a motion requesting a change of A copy of any such statement should also newly assigned Channel 244A in lieu of hearing date, filed August 23, 1965, by be forwarded to the party, filing the Channel 285A, the latter also being the complainant herein; and agreement (as indicated hereinafter) sought by Marshall Broadcasting Co.; It appearing, That none of the other and the'comments should indicate that and parties to the proceeding is opposed to this has been done. It further appearing, That the indi­ the aforesaid request, and that good Notice of agreement filed for approval cated amendment to be tendered will be cause for a grant of the relief requested by: accompanied by an appropriate request has been shown; Mr. T. L. Gusman, Assistant Vice President for acceptance thereof and return of the I t is ordered, This 25th day of August Traffic, Lykes Bros. Steamship Go., Inc,, 821 amended application to the processing 1965, that the hearing herein presently Gravier Street, New Orleans, La., 70150. line, and that, absent opposition, favor­ scheduled for September 8,1965, is here­ by postponed to November 29, 1965, at Agreement 9486, between Lykes Bros. able action thereon by the Hearing Ex­ Steamship Co., Inc., and N. V. Gebr. Van the time and place heretofore specified. aminer will necessitate hearing on the Uden’s Scheepvaart & Agentuur Mij., financial qualifications issue of Marshall, Released: August 25, 1965. covers a through billing arrangement on specified by the Review Board’s action cargo from Danish and Swedish ports to of November 27,1964; F e d e r a l C ommunications U.S. Gulf ports, with transhipment It is ordered, This 24th day of August C o m m i s s i o n , at Rotterdam, Holland. I f approved, 1965, that Triad Stations, Inc. shall file [ s e a l ] B e n F . W a p l e , Agreement 9486 will supersede and can­ with the Hearing Examiner, not later Secretary. cel approved Agreements 8668 and 8669 than by September 7,1965, an appropri­ [F.R. Doc. 65-9219; Filed, Aug. 30, 1965; between the same parties in the same ate petition for leave to amend its sub­ 8:48 a.m.] trade. ject application in the manner indicated; and Dated: August 25,1965. It is further ordered, That, on the By order of the Federal Maritime Com­ Hearing Examiner’s own motion, a CIVIL AERONAUTICS BOARD mission. further prehearing conference shall be [Docket No. 11278 etc.] F r a n c is C. H u r n e y , held at 9 a.m., September 10,1965. Special Assistant to the Secretary. NEW YORK-SAN JUAN CARGO Released: August 26,1965. [FJR. Doc. 65-9214; Filed, Aug. 30, 1965; 8:47 a.m .] F e d e r a l C ommunications Rates Investigation; Notice of Oral C o m m i s s i o n , Argument JOHN J. COATES CO. [ s e a l ] B e n F . W a p l e , Notice is hereby given, pursuant to the Secretary. provisions of the Federal Aviation Act of Revocation of License [F.R. Doc. 65-9217; Filed, Aug. 30, 1965; 1958, as amended, that oral argument in 8:48 a.m .] the above-entitled matter is assigned to A u g u s t 25,1965. be held on October 6, 1965, at 10 a.m., Whereas, John J. Coates, doing busi­ e.d.s.t., in Room 1027, Universal Building, ness as John J. Coates Co., 8-10 Bridge [Docket No. 16128; F C C 65M-1086] Connecticut and Florida Avenues NW., Street, New York, N.Y., has ceased to op­ Washington, D.C., before the Board. erate as an independent ocean freight ULTRONIC SYSTEMS CORP. AND forwarder; and WESTERN UNION TELEGRAPH CO. Dated at Washington, D.C., August Whereas, John J. Coates, doing busi­ 25, 1965. ness as John J. Coates Oo„ has returned Order Advancing Prehearing Independent Ocean Freight Forwarder Conference [ s e a l ] F r a n c is W . B r o w n , , Chief Examiner. License No. 925 to the Commission for In the matter of Ultronic Systems cancellation; [F.R. Doc. 65-9204; Filed, Aug. 30, 1965; Now, therefore, by virtue of authority Corp., complainant v .. The Western 8:47 a m .} Union Telegraph Co., defendant; docket vested in me by the Federal Maritime No. 16128. Commission as set forth in Manual of It is ordered, This 23d day of August Orders, Commission Order No. 201.1 1965, on the Hearing Examiner’s own FEDERAL MARITIME COMMISSION (amended), Supplement 4; § 6.03; motion, that the prehearing conference I t is ordered, That the Independent now scheduled for September 20, 1965, LYKES BROS. STEAMSHIP CO., INC., Ocean Freight Forwarder License No. 925 is advanced to September 17, 1965, com­ AND N. V. GEBR. VAN UDEN’S of John J. Coates, doing business as John mencing at 9 a.m., in the offices of the SCHEEPVAART & AGENTUUR MIJ. J. Coates, Co., be and is hereby revoked, Commission at Washington, D.C. effective 12:01 a.m., August 25,1965. Notice of Agreement Filed for I t is further ordered, That a copy of Released: August 24,1965. Approval this order be published in the F e d e r a l R e g is t e r and served on the licensee. F e d e r a l C ommunications Notice is hereby given that the follow­ C o m m i s s i o n , ing agreement has been filed with the E d w a r d S c h m e l t z e r , [ s e a l! B e n F . W a p l e , Commission for approval pursuant to Director, Secretary. section 15 of the Shipping Act, 1916, as Bureau of Domestic Regulation. IF.R. Doc. 65-9218; Piled, Aug. 30, 1965; amended (39 Stat. 733, 75 Stat. 763, 46 [F.R, Doc. 65-9211; Filed, Aug. 30, 1965; 8:48 a.m .] U.S.C. 814). 8:47 a m .] 11184 NOTICES

FARRELL LINES, INC., AND MEXICAN erence to an agreement including a re­ which will be financed from current LINE quest for hearing, if desired, may be construction funds. submitted to the Secretary, Federal Protests or petitions to intervene may Notice of Agreement Filed for Maritime Commission, Washington, D.C., be filed with the Federal Power Com­ Approval 20573, within 20 days after publication mission, Washington, D.C., 20426, in ac­ of this notice in the F e d e r a l R e g is t e r . cordance with the rules of practice and Notice is hereby given that the follow­ A copy of any such statement should also procedure (18 CFR 1.8 or 1.10) on or ing agreement has been filed with the be forwarded to the party filing the before September 20,1965. Commission for approval pursuant to agreement (as indicated hereinafter) section 15 of the Shipping Act, 1916, as and the comments should indicate that J o s e p h H . G u t r i d e , amended (39 Stat. 733, 75 Stat. 763, 46 this has been done. Secretary. U.S.C. 814). Notice of agreement filed for approval [F.R. Doc. 65-9187; Filed, Aug. 30, 1965; Interested parties may inspect and ob­ by: 8:45 a ju .] tain a copy of the agreement at the Washington office of the Federal Mari­ Mr. T. L. Gusman, Assistant Vice President, time Commission, 1321 H Street NW., Traffic, Lykes Bros. Steamship Co., Inc., [Docket No. CP66-53] 821 Gravier Street, New Orleans, La., 70150. Room 301; or may inspect agreements FLORIDA GAS TRANSMISSION CO. at the offices of the District Managers, Agreement 9489, between Lykes Bros. New York, N.Y., New Orleans, La., and Steamship Co., Inc., and C. Clausen Notice of Application San Francisco, Calif. Comments with Dampskibsrederi A/S, covers a through reference to an agreement including a billing arrangement on cargo from ports A ugust 25, 1965. request for hearing, if desired, may be in Denmark to U.S. Gulf ports, with Take notice that on August 16, 1965, submitted to the Secretary, Federal Mari­ transhipment at Hamburg, Germany. Florida Gas Transmission Co. (Appli­ time Commission, Washington, D.C., Dated: August 25, 1965. cant), Post Office Box 44, Winter Park, 20573, within 20 days after publication of Fla., filed in Docket No. CP66-53 an ap­ this notice in the F e d e r a l R e g is t e r . A By order of the Federal Maritime plication pursuant to section 7 (c) of the copy of any such statement should also Commission. Natural Gas Act for a certificate of pub­ be forwarded to the party filing the F r a n c is C . H u r n e y , lic convenience and necessity authorizing agreement (as indicated hereinafter) Special Assistant to the Secretary. the construction and operation of the and the comments should indicate that [F.R. Doc. 65-9213; Filed, Aug. 30, 1965; facilities necessary to sell and deliver this has been done. 8:47 a.m .] natural gas to the Ocean Highway and Notice of agreement filed for approval Port Authority (Authority), a political by: subdivision created by the legislature of Mr. John C. Gorman, Vice President, Farrell the State of Florida, for resale in and Lines Incorporated, One Whitehall Street, FEDERAL POWER COMMISSION' around Femandina Beach and Yulee, in New York, N.Y., 10004. [Docket No. CP66-51] Nassau County, and Oceanway, Garden Agreement 9487, between Farrell Lines City, Dinsmore, and Marietta, in Duval Incorporated and Mexican Line, operat­ ATLANTA GAS LIGHT CO. AND County, Fla., all as more fully set forth ing cargo services from East Coast ports SOUTHERN NATURAL GAS CO. in the application which is on file with of Mexico to U.S. Atlantic and Gulf ports, the Commission and open to public provides for the establishment of a rate Notice of Application inspection. Applicant proposes to construct and agreement whereby the parties will con­ A u g u s t 24, 1965. fer and discuss with each other regard­ operate a line tap and meter station, and Take notice that on August 13, 1965, ing the rates, charges, classifications and appurtenances, for the sale and delivery related tariff matters to be charged or Atlanta Gas Light Co. (Applicant), Post of natural gas to the Authority. The observed by them in the above trade in Office Box 4569, Atlanta, Ga., 30302, filed facilities are to be located at a point on order to promote the commerce and sta­ in Docket No. CP66-51 an application Applicant’s existing 16-inch Jacksonville bility of such trade in accordance with pursuant to section 7 (a) of the Natural lateral pipeline approximately 2.5 miles the terms and conditions set forth in the Gas Act for an order of the Commission south of the community of Marietta, Fla., agreement. directing Southern Natural Gas Co. near the point of intersection of Nor­ (Respondent) to establish physical con­ mandy Boulevard (State Road 228) and Dated: August 25, 1965. nection of. its natural gas transmission Hammond Boulevard. By order of the Federal Maritime facilities with the distribution facilities Authority proposes to construct and Commission. to be installed by Applicant in the Town operate an integrated pipeline system, consisting of aproximately 12.90 miles F r a n c is C . H u r n e y , of Blythe, Ga., and its environs, and to Special Assistant to the Secretary. sell natural gas to Applicant for resale uf 8-inch and 30.58 miles of 6-inch pipe, through such distribution facilities, all to transport the gas from the proposed [F.R . Doc. 65-9212; Filed, Aug. 30, 1965; as more fully set forth in the application delivery point to the various distribution 8:47 a.m .] which is on file with the Commission systems as well as for resale to various and open to public inspection. customers along the route of its pro­ LYKES BROS. STEAMSHIP CO., INC., Applicant states that the proposed posed pipeline system. The proposed connection would be the initial connec­ distribution systems in Fernandina AND C. CLAUSEN DAMPSKIBSRE- tion with Respondent’s pipeline for serv­ Beach, Yulee, Oceanway, Garden City, DEN A/S ice to the Town of Blythe, although Ap­ Dinsmore, and Marietta also will be Notice of Agreement Filed for plicant’s distribution systems in other owned and operated by the Authority. areas of Georgia are connected to Re­ The estimated annual and peak day Approval spondent’s lines at various delivery requirements of natural gas for the pro­ Notice is hereby given that the follow­ points. posal are 207,710 Mcf and 3,031 Mcf, ing agreement has been filed with the Applicant estimates the natural gas respectively. Commission for approval pursuant to requirements for the proposed area to The total estimated cost of the facili­ section 15 of the Shipping Act, 1916, as be as follows: ties to be constructed by Applicant is amended (39 Stat. 733, 75 Stat. 763, 46 $32,500, which will be paid for out of cash U.S.C. 814). First Second Third on hand. Interested parties may inspect and ob­ year year year Protests or petitions to intervene may tain a copy of the agreement at the be filed with the Federal Power Com­ Washington office of the Federal Mari­ Annual (M cf)...... 5,072 6,283 7,817 mission, Washington, D.C., 20426, in ac­ time Commission, 1321 H Street NW., Peak day (Mcf)______78 90 106 cordance with the rules of practice and Room 301; or may inspect agreement at procedure (18 CFR 1.8 or 1.10) and the the offices of the District Managers, New The distribution facilities which Ap­ regulations under the Natural Gas Act York, N.Y., New Orleans, La., and San plicant proposes to construct in the town (157.10) on or before September 20, Francisco, Calif. Comments with ref- of Blythe are expected to cost $25,223, 1965. Tuesday, August 31, 1965 FEDERAL REGISTER 11185

Take further notice that, pursuant pipe as may be necessary. Facilities for for an allowance not to exceed the pro­ to the authority contained in and sub­ sales to distributors include the necessary portion of the total number of hours ject to the jurisdiction conferred upon tap and regulating equipment. worked by full-time students at rates the Federal Power Commission by sec­ Applicant states that the total esti­ below $1 an hour to the total number tions 7 and 15 of the Natural Gas Act mated cost of the facilities to be con­ of hours worked by all employees in the and the Commission’s rules of practice structed will not exceed $300,000 and de­ establishment during the base period, or and procedure, a hearing will be held liveries to any one customer shall-not 10 percent, whichever is less, in occu­ without further notice before the Com­ exceed 100,000 Mcf annually. Applicant pations of the same general classes in mission on this application if no pro­ further states that the gas will not be which the establishment employed full­ test or petition to intervene is filed with­ used as boiler fuel. time students at wages below $1 an hour in the time required herein, if the Com­ Protests or petitions to intervene may in the base period. mission on its own review of the matter be filed with the Federal Power Com­ Autry Greer & Sons, Inc., food store; Mo­ finds that a grant of the certificate is mission, Washington, D.C., 20426, in bile, Ala. (9-3-65 to 9-2-66). required by the public convenience and accordance with the rules of practice Charles Stores Co., Inc., department store; necessity. I f a protest or petition and procedure (18 CFR 1.8 or 1.10) and 13-17 East Broad Street, Richmond, Va. (9- for leave to intervene is timely filed, or the regulations under the Natural Gas 3-65 to 9 -2 -6 6 ). if the Commission on its own motion Act (157.10) on or before September 20, Crook Bros. Grocery, food store; 1300 Llschey Avenue, Nashville, Tenn. (7-5-65 to believes that a formal hearing is re­ 1965. 6-3 0-66). quired, further notice of such hearing Take further notice that, pursuant to Eagle Stores, Inc., variety stores: 1524 W in­ will be duly given. the authority contained in and subject chester Avenue, Ashland, Ky. (9-3-65 to Under the procedure herein provided to the jurisdiction conferred upon the 9-2-66) ; 222 Sunset Avenue, Asheboro, N.C. for, unless otherwise advised, it will be Federal Power Commission by sections (9-3-65 to 9-2-66); 1-11 West Main Street, unnecessary for Applicant to appear or 7 and 15 of the Natural Gas Act and the Martinsville, Va. (9-3-65 to 9-2-66). be represented at the hearing. Commission’s rules of practice and pro­ M. H. Fishman Co., variety store; Calais, cedure, a hearing will be held without Maine (9-3-65 to 9-2-66). J o s e p h H. G tttride, further notice before the Commission on M. Gilbert & Sons Co., apparel store; 813 Secretary. South Michigan Street, South Bend, Ind. this application if no protest or petition (9-3-65 to 9-2-66). [F.R. Doc. 65-9188; Filed, Aug. 30, 1965; to intervene is filed within the time re­ W. T. Grant Co., variety stores: 41 East 8:45 a.m.] quired herein, if the Commission on its Seventh Street, St. Paul, Minn. (9-3-65 to own review of the matter finds that a 9-2-66); 190 Main Street, Berlin, N.H. (9-3- 65 to 9-2 -66) ; 71—74 C ou rt Square, H arrison­ [Docket No. CP66-52] grant of the certificate is required by the public convenience and necessity. I f a burg, Va. (9-3-65 to 9-2-66). UNITED GAS PIPE LINE CO. protest or petition for leave to intervene S. S. Kresge Co., variety stores: No. 56, Louisville, Ky. (9-3-65 to 9-2-66) ; No. 21, is timely filed, or if the Commission on Notice of Application Battle Creek, Mich. (9-3-65 to 9—2-66) ; No. its own motion believes that a formal 296, Berkeley, Mich. (9-3-65 to 9-2-66); No. A u g u s t 25, 1965. hearing is required, further notice of 227, Birm ingham , Mich. (9 -3-65 to 9 -2 -66) ; Take notice that on August 13, 1965, such hearing will be duly given. No. 1, Detroit, Mich. (9-3-65 to 9-2-66) ; No. United Gas Pipe line Co. (Applicant), Under the procedure herein provided 199, Detroit, Mich. (9-3-65 to 9-2-66); No. 208, Detroit, Mich. (9-3-65 to 9-2-66); No. Post Office Box 1407, Shreveport, La., for, unless otherwise advised, it will be unnecessary for Applicant to appear or 289, Detroit, Mich. (9-3-65 to 9-2-66); No. V1102, filed in Docket No. CP66-52 a 340, Detroit, Mich. (9-3-65 to 9-2-66); No. “budget-type” application pursuant to be represented at the hearing. 369, Detroit, Mich. (9-3-65 to 9-2-66); No. section 7(c) of the Natural Gas Act, as J o s e p h H. G u t r id e , 456, Detroit, Mich. (9-3-65 to 9-2-66); No. implemented by § 157.7(c) of the Reg­ Secretary. 533, Detroit, Mich. (9-3-65 to 9-2-66); No. ulations under the Act, for a certificate 550, Detroit, Mich. (9-3-65 to 9-2 -6 6 ) ; No. 582, of public convenience and necessity au­ [F.R. Doc. 65-9189; Filed, Aug. 30, 1965; Detroit, Mich. (9-3-65 to 9-2-66); No. 620, 8:45 a.m .] Detroit, Mich. (9-3-65 to 9-2-66); No. 490, thorizing the construction and operation Dearborn, Mich. (9-3-65 to 9-2-66); No. 185, of gas sales facilities during the 12- Femdale, Mich. (9-3-65 to 9-2-66); No. 214, month period beginning November 1, Flint, Mich.. (9-16-65 to 9-15-66); No. 272, 1965, all as more fully set forth in the Flint, Mich. (9-3-65 to 9-2-66); No. 59, application on file with the Commission DEPARTMENT DF LABOR Grand Rapids, Mich. (9-3-65 to 9-2-66) ; No. and open to public inspection. Wage and Hour Division 245, Lincoln Park, Mich. (9-3-65 to 9-2-66); No. 257, Livonia, Mich. (9-3-65 to 9-2-66) ; Specifically, Applicant proposes to CERTIFICATES AUTHORIZING EM­ render natural gas service to (1) exist­ No. 529, Monroe, Mich. (9-3-65 to 9-2-66) ; No. 626, Muskegon, Mich. (9-3-65 to 9-2-66) ; ing distributors at rates on file with the PLOYMENT OF FULL-TIME STU­ DENTS WORKING OUTSIDE OF No. 404, Pontiac, Mich. (9-3-65 to 9-2-66); Commission for resale in existing market No. 684, Pontiac, Mich. (9-3-65 to 9-2-66) ; areas as provided for in § 157.7(c) (1) (i) SCHOOL HOURS IN RETAIL OR No. 530, Royal Oak, Mich. (9-3—65 to 9-2 -66) ; of the Commission’s regulations and (2) SERVICE ESTABLISHMENTS AT SPE­ No. 428, Saginaw, Mich. (9-3-65 to 9-2-66); direct customers as described in § 157.7 CIAL MINIMUM WAGES No. 670, St. Clair Shores, Mich. (9-3-65 to <«> (1) (ii) of the Commission’s regula­ 9-2-66); No. 123, Southfield, Mich. (9-3-65 to tions, located near the route of Appli­ Notice is hereby given that pursuant 9-2-66); No. 687, Wyandotte, Mich. (9-3-65 to section 14 of the Fair Labor Standards to 9-2-66); No. 354, Akron, Ohio (9-3-65 to cant’s pipeline system in the States of 9-2—66) ; No. 586, Cambridge, Ohio (9-3-65 to Alabama, Florida, Louisiana, Missis­ Act of 1938 (52 Stat. 1060, as amended, 29 U.S.C. 201 et seq.) , the regulation on 9-2-66) ; No. 120, Canton, Ohio (9-3-65 to sippi, and Texas. 9-2-66) ; No. 298, Cleveland, Ohio (9-3-65 to Applicant estimates the number and employment of full-time students (29 9-2-66); No. 411, Cleveland, Ohio (9-3-65 to cost of facilities to be installed if the CFR Part 519), and Administrative 9-2-66); No. 459, Cleveland, Ohio (9-3-65 to proposal is approved to be as follows; Order No. 579 (28 F R . 11524), the estab­ 9-2-66); No. 531, Cleveland, Ohio (9-3-65 to lishments listed in this notice have been 9-2—66); No. 557, Cleveland, Ohio (9-3-65 to issued special certificates authorizing the 9-2-66) ; No. 5, Columbus, Ohio (9-3-65 to Number of Estimated 9—2—66) ; No. 29, Colum bus, Ohio (9-3-65 to Type of project employment of full-time students work­ facilities cost of each 9-2-66) ; No. 636, Columbus, Ohio (9-3-65 to facility ing outside of school hours at hourly 9-2-66) ; No. 538, Cuyahoga Falls, Ohio (9-3- wage rates lower than the m in im um 65 to 9-2-66); No. 628, Dayton, Ohio (9-3-65 Sales to direct industrial wage rates otherwise applicable Under customers: to 9-2-66) ; No. 649, Dayton, Ohio (9-3-65 to Road construction section 6 of the act. The effective and 9-2-66) ; No. 564, Fostoria, Ohio (9-3-65 to (temporary! ___ 15 $1,000 expiration dates are as indicated below. 9-2-66); No. 171, Lancaster, Ohio (9-3-65 to „ , Other.__.____ 25 Pursuant to § 519.6(b) of the regula­ oaies to distributors 40 '800 9-2-66); No. 144, Maple Heights, Ohio (9-3- —— — '' tion, the minimum certificate rates are 65 to 9-2—66) ; No. 512, Mount Vernon, Ohio not less than 85 percent of the minimum (9—3—65 to 9-2-66) ; No. 40, Newark, Ohio (9— . facilities for the sale to a direct applicable under section 6 of the act. 3-65 to 9 -2 -66) ; No. 410, Painesville, Ohio (9 - industrial customer includes the tap, The following certificates were issued 3-65 to 9-2-66) ; No. 676, Parma, Ohio (9-3- ™6ter, regulators, station site, rights of pursuant to paragraphs (c) and (g) of 65 to 9-2 -66) ; No. 458, Steubenville, Ohio and such length of 1-inch to 4-inch § 519.6 of 29 CFR, Part 519, providing (9-3-65 to 9-2-66) ; No. 48, Stow, Ohio (9-3- 11186 NOTICES

65 to 9-2-66) ; No. 447, Tallmadge, Ohio (9- Owosso, Mich. (9-3-65 to 9-2-66); No. 120, tween 5.7 percent and 10 percent, 9-3-65 to 3-65 to 9-2-66) ; No. 299, Warren, Ohio (9-3- St. Joseph, Mich. (9-3-65 to 9-2-66); No. 9-2-66); No. 600, Northfield, Ohio (10 per­ 65 to 9-2-66) ; No. 248, Xenia, Ohio (9-3-65 451, South Haven, Mich. (9-3-65 to 9-2-66); cent for each month, 9-3-65 to 9-2-66); No. to 9-2-66) ; No. 595, Youngstown, Ohio (9-3- No. 466, Logan, Ohio (9-3-65 to 9-2-66); No. 314, Parma, Ohio (10 percent for each month, 65 to 9-2-66) ; No. 377, Zanesville, Ohio (9-3- 469, London, O hio (9-3-65 to 9 -2 -6 6 ); No. 9-3-65 to 9—2-66) ; No. 4504, Reading, Pa. (10 65 to 9 -2 -6 6 ). 230, M arion, Ohio (9-3-65 to 9 -2 -6 6 ); No. 38, percent for each month, 7-22-65 to 9-2-65); Marstallers Grocery & Market, Inc., food Middletown, Ohio (9—3—65 to 9-2-66); No. No. 4503, Wheeling, W. Va. (10 percent for stores: 1928 Circle Bead, Waco, Tex. (9-3-65 462, Napoleon, Ohio (9-3-65 to 9-2-66); No. each month, 9-3-65 to 9-2-66); No. 782, to 9-2-66) ; 3344 Franklin, Waco, Tex. (9-3-65 257, North Rldgeville, Ohio (9-3-65 to Houston, Tex. (between 3.1 percent and 10 to 9 -2 -6 6 ). 9 -2 -6 6 ); No. 41, Piqua, Ohio (9-3-65 to percent, 8-12-65 to 8-11-66). McCrory-McLellan-Green Stores, variety 9-2-66); No. 453, St. Marys, Ohio (9-3-65 to M cCrory-M cLellan-G reen Stores, variety stores: No. 444, Bessemer, Ala. (9-3—65 to 9-2-66); No. 52, Salem, Ohio (9-3-65 to stores fo r the occupations of sales clerk, stock 9-2-66); No. 1128, Ensley, Ala. (9-3-65 to 9-2-66); No. 40, Sidney, Ohio (9-3-65 to clerk and office clerk: No. 7503, Decatur, Ala. 9-2-66); No. 1109, Montgomery, Ala. (9-3-65 9-2-66); No. 434, Toledo, Ohio (9-3-65 to (between 2-7 percent and 10 percent,’9-3-65 to 9-2-66); No, 543, Tucson, Ala. (9-3-65 to 9-2-66); No. 122, Toronto, Ohio (9-3-65 to to 9-2-66); No. 375, Phoenix, Ariz. (between 9-2-66); No. 580, Tucson, Ariz. (9-3-65 to 9 -2 -6 6 ); N o. 35, Troy, Ohio (9-3-65 to 9.2 percent and 10 percent, 9-3-65 to 9-2-66); 9-2-66) ; No. 599, Tucson, Ariz. (9-3-65 to 9-2-66); No. 419, Urbana, Ohio (9-3-65 to No. 709, Sierra Vista, Ariz. (betw een 4.3 per­ 9-2-66); No. 1135, Louisville, Ky. (9-3-65 to 9 -2 -6 6 ). cent and 10 percent, 9-3-65 to 9-2-66); No. 9-2-66) ; No. 1312, New Orleans, La. (9-3-65 Oshkosh Kline Co., variety store; Oshkosh, 1318, Louisville, Ky. (between 0.0 percent and to 9-2-66) ; No. 620, Waterville, Maine (9-3-65 WiS.; (9-3-65 to 9 -2 -6 6 ). 10 percent, 9-3-65 to 9-2-66); No. 679, Stur­ to 9-2-66) ; No. 556, Alpena, Mich. (9-3-65 to Raylass Department Store, department gis, Mich. (10 percent fo r each m onth, 9-3-65 9-2-66) ; No. 668, Grand Haven, Mich. (9-3-65 stores: 315 West Main Street, Durham, N.C. to 9-2-66); No. 706, Albuquerque, N. Mex. to 9-2-66) ; No. 541, Petoskey, Mich. (9-3-65 (9-3-65 to 9-2-66); 102-04 West Main Street, (10 percent for each month, 9-3-65 to 9-2- to 9-2-66) ; No. 616, Columbia, Miss. (8-27-65 Gastonia, N.C. (9-3-65 to 9-2-66); Corner 66); No. 708, Grants, N. Mex. (between 3.5 to 8-26-66); No. 1019, Jackson, Miss. (9-3-65 Main Street and Second Avenue, Lexington, percent and 10 percent, 10-22-65 to 10-21- to 9-2-66) ; No. 275, McComb, Miss. (9-3-65 to N.C. (9-3-65 to 9-2-66); 406 Elm Street, 66); No. 362, Fairborn, Ohio (between 6.1 per­ 9-2-66) ; No. 646, Pascagoula, Miss. (9-3-65 to Lumberton, N.C. (9-3-65 to 9-2-66); 220-22 cent and 10 percent, 9-3-65 to 9-2-66); No. 9-2-66); No. 1127, Winston-Salem, N.C. Main Street, Salisbury, N.C. (9-3-65 to 372, Troy, Ohio (between 6.2 percent and 10 (9-3-65 to 9-2-66); No. 1207, Cleveland, Ohio 9-2-66); 9th and 11 West Fourth Street, percent, 9-3-65 to 9-2-66); No. 341, Mounds- (9-3-65 to 9-2-66); No. 180, Dayton, Ohio Winston-Salem, N.C. (9-3-65 to 9-2-66); ville, W. Va. (between 4.9 percent and 10 (9-3-65 to 9-2-66); No. 125, Hamilton, Ohio 619-621 State Street, Bristol, Va. (9-3-65 to percent, 9-3-65 to 9-2—66). (9-3-65 to 9-2-66) ; No. 1124, Uhricksville, 9-2-66); 312-320 East Broad Street, Rich­ Morgan & Lindsey, Ihc., variety stores for Ohio (9-3-65 to 9-2-66) ; No. 185, Youngs­ mond, Va. (9-3-65 to 9-2-66); 307 Main the occupations of sales clerk and stock clerk: town, Ohio (9-3-65 to 9 -2 -6 6 ); 224 W est Street, South Boston, Va.( 9-3-65 to 9-2-66). No. 3046, Alexandria, La. (betw een 6.0 per­ Main Street, Oklahoma City, Okla. (9-3-65 to Rose’s Stores, Inc., variety stores: No. 135, cent and 10 percent, 9-16-65 to 9-15-66); No. 9-2-66); 300 East Graham, Pryor, Okla. (9-3- Somerset, Ky. (9-3-65 to 9-2-66); No. 10, 3107, Picayune, Miss, (betw een 3.8 percent 65 to 9-2-66); No. 317, York, Pa. (9-3-65 to Rockingham, N.C. (8-19-65 to 8-18-66); No. and 10 percent, 9-3-65 to 9-2-66). 9-2-66); No. 139, Bristol, Tenn. (9-3-65 to 62, Greeneville, Tenn. (9-3-65 to 9-2-66); G. C. Murphy Co., variety store; No. 307, 9-2-66); No. 414, Clarksville, Tenn. (9-3-65 No. 44, Newport, Tenn. (9-3-65 to 9-2-66); Greensburg, Pa.; sales clerk, stock clerk, office to 9-2-66) ; No. 497, Columbia, Tenn. (9-3-65 No. 57, Christiansburg, Va. (9-3-65 to clerk and janitor; between 6.8 percent and 10 to 9-2-66); No. 430, Jackson, Tenn. (9-3-65 9-2-66); No. 31, Farmville, Va. (9-3-65 to percent; 8-12-65 to 8-11-66. to 9-2-66); No. 297, Kingsport, Tenn. (9-3-65 9-2-66); No. 7, Franklin, Va. (9-3-65 to Pine Street Super Duper, food store; 800 to 9-2-66) ; No. 495, Knoxville, Tenn. (9-3-65 9-2-66); No. 141, Newport News, Va. (9-3-65 Pine Street, Abilene, Tex.; sacker and stock to 9-2-66) ; No. 307, Memphis, Tenn. (9-3-65 to 9-2-66); No. 123, Norfolk, Va. (9-3-65 to clerk; between 6.0 percent and 10 percent; to 9-2-66); No. 417, Murfreesboro, Tenn. 9-2-66); No. 129, Norfolk, Va. (9-3-65 to 9-1-65 to 8-31-66. (9-3-65 to 9-2-66); No. 163, Morristown, 9—2-66); No. 142, Norfolk, Va. (9-3-65 to Raylass Department Store, department Tenn. (9-3-65 to 9-2-66) ; No. 507, Nashville, 9-2-66); No. 58, Pulaski, Va. (1-6-66 to stores for the occupations of sales clerk, Tenn. (9-3-65 to 9-2-66) ; No. 292, Oak Ridge, 4-30—66); No. 146, Roanoke, Va. (9-3-65 to stock clerk, m arker, janitorial and clerical: Tenn. (9-3-65 to 9-2-66); No. 320 White­ 9-2-66); No. 40, South Boston, Va. (9-3-65 232 South Elm Street, Greensboro, N.C. (be­ haven, Tenn. (9-3—65 to 9-2—66) ; No. 1004, to 9-2-66); No. 107, Virginia Beach, Va. tween 9.9 percent and 10 percent, 9-3-65 to Dallas, Tex. (9-3-65 to 9-2-66); No. 241, (9-3—65 to 9-2-66); No. 56, Waynesboro, Va. 9 -2 -6 6 ); 119-121 M ain Street, H igh Point, Galveston, Tex. (9-3-65 to 9-2-66) ; No. 1208, (9-3-65 to 9-2-66); No. 65, Williamsburg, Va. N.C. (betw een 8.7 percent and 10 percent, Houston, Tex. (9-29-65 to 9-28-66); No. 1099, (9-3-65 to 9-2-66). 9-3-65 to 9-2-66); 908-12 Main Street, Texas City, Tex. (9-3-65 to 9-2-66); No. 309, L. R. Samuels, department store; 2457 Lynchburg, Va. (10 percent for each month, Arlington, Va. (9-3-65 to 9-2-66) ; No. 1069, Washington Boulevard, Ogden, Utah (9-3-65 9-3-65 to 9-2-66); Corner Main and Wash­ FaUs Church, Va. (9-3-65 to 9-2-66) ; No. 296, to 9-2-66). ington Streets, Suffolk, Va. (10 percent for Front Royal, Va. (9-3-65 to 9-2—66) ; No. 153, each month, 9-3-65 to 9-2-66). Pulaski, Va. (9-3—65 to 9-2-66) ; No. 13, The following certificates were issued Rose’s Stores, Inc., variety stores for the Charleston, W. Va. (9-3-65 to 9-2-66) ; No. to establishments coming into existence occupations of sales clerk, stock clerk, office 214, Clarksburg, W. Va. (9-3-65 to 9-2-66) ; after May 1, I960, under paragraphs clerk and checker, except as otherwise indi­ No. 32, Fairmont, W. Va. (9-3-65 to 9-2-66) ; cated: No. 6, Louisville, Ky. (between 2.5 No. 40, Grafton, W. Va. (9-3-65 to 9-2-66); (c), (d ), (g), and (h) of §519.6 of 29 percent and 10 percent, 9-3-65 to 9-2-66); No. 1131, Huntington, W. Va. (9-3-65 to CFR, Part 519. The certificates permit No. 115, Louisville, Ky. (between 2.5 percent 9-2-66); No. 15, Huntington, W. Va. (9-3-65 the employment of full-time students at and 10 percent, 9-3-65 to 9-2—66); No. 159, to 9-2-66) ; No. 83, Martinsburg, W. Va. (9—3— rates of not less than 85 percent of the Wilson, N.C. (sales clerk, between 4.1 per­ 65 to 9-2-66); No. 33, Morgantown, W. Va. minimum applicable under section 6 of cent and 10 percent, 8-2-65 to 8-1-66) ; No. (9-3-65 to 9-2-66). the act in the classes of occupations 161, Florence, S.C. (sales clerk and stock Minima* Super Market, food stores: 1552 listed, and provide for limitations on the clerk, between 5.9 percent and 10 percent, Palm Boulevard, Brownsville, Tex. (9-3—65 to 8 - 25-65 to 8 -2 4-66); No. 89, Charlottesville, 9-2-66); 2000 North 10th Street, McAllen, percentage of full-time student hours Va. (between 2.5 percent and 10 percent, Tex. (9-3-65 to 9-2-66) ; 502 South Texas, of employment at rates below the appli­ 9- 3—65 to 9-2-66); No. 54, Danville, Va. (be­ Mercedes, Tex. (9-3-65 to 9-2-66 ). cable statutory minimum to total hours tween 4.8 percent and 9.1 percent, 9-3-65 Morgan & Lindsey, Inc., variety stores: No. of employment of all employees. The to 9-2-66). 3065, Baton Rouge, La. (9-3-65 to 9-2-66); percentage limitations v a ry from Super Duper Food Center, food store; 300 No. 3022, Monroe, La. (9—3-65 to 9—2-66) ; No. month to month between the minimum Hailey Street, Sweetwater, Tex.; produce 3057, New Orleans, La. (9-3-65 to 9-2—66); and maximum figures indicated. clerk, carry-out, janitor and sacker; between No. 3068, New Orleans, La. (9-3-65 to 9-2-66); 8.2 percent and 10 percent (9-3-65 to 9- No. 3019, Ruston, La. (9-8-65 to 9-2-66) ; No. W. T. Grant Co., variety store; No. 126, 2-6 6 ). 3086, Sulphur, La. (9-3-65 to 9-2-66) ; No. Newark, Ohio; sales clerk, stock clerk, office upon 3050, West Monroe, La. (9-3-65 to 9-2-66) ; clerk, and cashier; between 0.0 percent and Each certificate has been issued No. 3074, Biloxi, Miss. (9-3-65 to 9-2-66) ; 10 percent (9-3-65 to 9-2-66). the representations of the employer No. 3076, Greenville, Miss. (9-3-65 to 9-2-66) ; S. S. Kresge Co., variety stores for the which, among other things, were that No. 3085, Gulfport, Miss. (9-3-65 to 9-2-66) ; occupation of sales clerk: No. 131, Ann Arbor, employment of full-time students at spe­ No. 3084, Hattiesburg, Miss. (9-3-65 to 9-2- Mich. (10 percent for each, month, 9-3-65 to cial minimum rates is necessary to pre­ 66) ; No. 3051, Jackson, Miss. (9-3-65 to 9—2— 9-2-66); No. 468, Ann Arbor, Mich. (10 per­ vent curtailment of opportunities for em­ 66); No. 3082, Laurel, Miss. (9-3-65 to 9-2- cent for each month, 9-3-65 to 9-2-66); No. ployment, and the hiring of full-time 66); No. 3058, Beaumont, Tex. (9-3-65 to 353, M adison Heights, Mich, (betw een 8.3 per­ will 9-2-66); No. 3066, Beaumont, Tex. (9-3-65 cent and 10 percent, 9-3-65 to 9-2-66); No. students at special minimum rates to 9 -2 -6 6 ); No. 3093,.Beaum ont, Tex. (9-3-65 516, Pontiac, Mich. (10 percent for each not tend to displace full-time employees. to 9 -2 -6 6 ). month, 9-3-65 to 9-2-66); No. 4518, Ashta­ The certificates may be annulled or with­ G. C. Murphy Co., variety stores: No. 437, bula, Ohio (10 percent for each month, drawn, as indicated therein, in the m an­ Marshall, Mich. (9-3-65 to 9-2-66) ; No. 424, 9-3-65 to 9-2-66); No. 287, Dayton, Ohio (be­ ner provided in Part 528 of Title 29 of Tuesday, August 31, 1965 FEDERAL REGISTER 11187 the Code of Federal Regulations. Any mission, 1100 Federal Office Building, 911 Transit Homes Building, Post Office Box person aggrieved by the issuance of any Walnut Street, Kansas City, Mo., 64106. 1628, Greenville, S.C. Applicant’s repre­ of these certificates may seek a review No. MC 52460 (Sub-No. 77 T A ), filed sentative: Henry P. Willimon, Post Office or reconsideration thereof within 15 August 23, 1965. Applicant: HUGH Box 1075, Greenville, S.C. Authority days after publication of this notice in BREEDING, INC., 1420 West 35th sought to operate as a common carrier, the F e d e r a l R e g is t e r pursuant to the Street, Post Office Box 9515, Tulsa, Okla. by motor vehicle, over irregular routes, provisions of 29 CFR 519.9. Applicant’s representative: Steve B. transporting: Trailers, designed to be McCommas (same address as applicant). drawn by passenger automobiles, in Signed at Washington, D.C., this 23d Authority sought to operate as a com­ initial movements, from Alexandria, La., day of August 1965. mon carrier, by motor vehicle, over ir­ to points in Mississippi, Tennessee, A r­ R o b e r t G . G r o n e w a l d , regular routes, transporting: Aviation kansas, Missouri, Kansas, Oklahoma, Authorized Representative gasoline and jet fuels, in bulk, in tank Texas, New Mexico, and Colorado, for of the Administrator. vehicles, from Kansas City, Kans., to St. 180 days. Supporting shipper: Schevelle Charles Municipal Airport, St. Charles Mobile Homes, Inc., Post Office Box 188, [F.R. Doc. 65-9202; Filed, A u g. 30, 1965; County, Mo., and rejected or contami­ Haleyville, Ala. Send protests to: Arthur ~ 8:47 a.m.] nated shipments on return, for 180 days. B. Abercrombie, District Supervisor, Bu­ Supporting shipper: Phillips Petroleum reau of Operations and Compliance, In ­ Co., M. L. Haeberle, assistant rate man­ terstate Commerce Commission, 509 INTERSTATE COMMERCE ager, Bartlesville, Okla., 74004. Send Federal Building, 901 Sumter Street, protests to: C. L. Phillips, District Su­ Columbia, S.C., 29201. pervisor, Bureau of Operations and No. MC 107871 (Sub-No. 44 T A ), filed COMMISSION Compliance, Interstate Commerce Com­ August 23, 1965. Applicant:' BONDED [Notice 36] mission, Room 350, American General FREIGHTWAYS, INC., 441 Kirkpatrick MOTOR CARRIER TEMPORARY Building, 210 Northwest Sixth, Okla­ Street West, Post Office Box 1012, Syra­ homa City, Okla., 73102. AUTHORITY APPLICATIONS cuse, N.Y., 13201. Applicant’s repre­ No. MC 59485 (Sub-No. 7 T A ), filed sentative: Herbert M. Canter, 345 South A u g u s t 26,1965. August 23, 1965. Applicant: DARLING Warren Street, Syracuse, N.Y.-, 13202. The following are notices of filing of TRANSFER, INC., 11th and J Street, Authority sought to operate as a com­ applications for temporary authority un­ Auburn, Nebr. Applicant’s representa­ mon carrier, by motor vehicle, over ir­ der section 210a(a) of the Interstate tive: Duane W. Acklie, 605 South 14th regular routes, transporting: Calcium Commerce Act provided for under the Street, Post Office Box 2028, Lincoln, chloride, dry, in bulk, in pneumatic tank new rules in Ex Parte No. MC 67 (49 Nebr. Authority sought to operate as vehicles, from Solvay, N.Y., to Towanda, a common carrier, by motor vehicle, over CFR Part 240), published in the F e d e r a l Pa., for 180 days. Supporting shipper: regular routes, transporting: General R e g is t e r , issue of April 27,1965, effective Allied Chemical Corp., 40 Rector Street, July 1, 1965. These rules provide that commodities (except those of unusual New York, N.Y., 10006 (by) H. Melchin, protests to the granting of an applica­ value, class A and B explosives, house­ manager-traffic^ Solvay Process Division, tion must be filed with the field official hold goods, as definde by the Commis­ Allied Chemical Corp., Syracuse, N.Y. sion, commodities in bulk, commodities named in the F e d e r a l R e g is t e r publica­ Send protests to: Morris H. Gross, Dis­ tion, within 15 calendar days after the requiring special equipment, and those trict Supervisor, Bureau of Operations date notice of the filing of the application injurious or contaminating to other lad­ and Compliance, Interstate Commerce ing) , serving the plantsite and/or stor­ is published in the F e d e r a l R e g is t e r . Commission, 1025 Chimes Building, One copy of such protest must be served age facilities of Missouri Beef Packers, Syracuse, N.Y. on the applicant, or its authorized rep­ Inc., at or near Phelps City, Mo., as an No. MC 110393 (Sub-No. 21 TA), filed resentative, if any, and the protest must off route point in connection with its August. 23, 1965. Applicant: FRIGID certify that such service has been made. regular-route service between Falls City FOOD EXPRESS, INCORPORATED, The protest must be specific as to the and Omaha, Nebr., for 150 days. Sup­ 4205 Camp Ground Road, Louisville, Ky., service which such protestant can and porting shipper: Missouri Beef Packers, 40216. Applicant’s representative: Rudy will offer, and must consist of a signed Inc., Phelps City, Mo. Send protests to: Yessin, Sixth Floor, McClure Building, original and six (6) copies. Max H. Johnston, District Supervisor, Frankfort, Ky., 40601. Authority sought A copy of the application is on file, Bureau of Operations and Compliance, to operate as a contract carrier, by motor and can be examined, at the Office of the Interstate Commerce Commission, 315 vehicle, over irregular routes, trans­ Secretary, Interstate Commerce Com­ Post Office Building, Lincoln, Nebr., porting: Fresh and cured meats, frozen mission, Washington, D.C., and also in 68508. meats, frozen foods and dairy products, the field office to which protests are to No. MC 83539 (Sub-No. 155 TA), filed including butter and cheese, from St. be transmitted. August 23, 1965. Applicant: C & H Paul, Minn., and Portage and Monroe, TRANSPORTATION CO., INC., 1935 Wis., to Youngstown, Ohio, and Beaver M o t o r C a r r ie r s o f P r o p e r t y West Commerce Street, Post Office Box Falls, Pittsburgh, Oil City, and Warren, 5976, Dallas, Tex., 75222. Applicant’s No. MC 29566 (Sub-No. I l l T A ), filed Pa., restricted to shipments originated representative: J. P. Welsh (same ad­ August 23, 1965. Applicant: SOUTH­ at St. Paul, Minn., for combination with WEST FREIGHT LINES, INC., 1400 dress as applicant). Authority sought other shipments at Portage and/or Kansas Avenue, Kansas City, Kans., to operate as a common carrier, by mo­ Monroe, Wis., for 180 days. Supporting 66105. Authority sought to operate as a tor vehicle, over irregular routes, trans­ shipper: Mr. Joe T. Rollheiser, manager, common carrier, by motor vehicle, over porting: Plywood, from Corona, Calif., transportation and distribution, Armour irregular routes, transporting: Gypsum Roseburg, Oreg., and Aberdeen, Wash., Dairy, Poultry & Margarine Co., Box products, building materials, roofing to points in Delaware, District of Colum­ 9222, Chicago, 111., 60690. Send pro­ materials, and insulating materials, and bia, Illinois, Indiana, Kentucky, Mary­ tests to: Wayne L. Merilatt, District materials and supplies used in the in­ land, Michigan, New Jersey, New York, Supervisor, Bureau of Operations and stallation of such commodities (except Ohio, Pennsylvania, Virginia, and West Compliance, Interstate Commerce Com­ liquid commodities, in bulk, in tank ve­ Virginia, for 180 days.' Supporting ship­ mission, 426 Post Office Building, Louis­ hicles) , from the plantsite of Georgia- per: Evans Products Co., 1121 Southwest ville, Ky., 40202. Pacific Corp., Bestwall Gypsum Division, Salmon Street, Portland, Oreg., 97208. No. MC 110410 (Sub-No. 8 T A ), filed near Blue Rapids, Kans., to points in Send protests to: E. K. Willis, Jr., Dis­ August 23, 1965. Applicant: BENTON Missouri south of U.S. Highway 40, for trict Supervisor, Bureau of Operations BROTHERS FILM EXPRESS, INC., 168 180 days. Supporting shipper: Georgia- and Compliance, Interstate Commerce Baker Street NW., Atlanta, Ga. Ap­ Pacific Corp., Bestwall Gypsum Division, Commission, 513 Thomas Building, 1314 plicant’s representative: L. D. V. Benton 2 Industrial Boulevard, Paoli, Pa., 19301. Wood street, Dallas, Tex., 75202. (same address as applicant). Authority Send protests to: B. J. Schreier, District No. MC 94350 (Sub-No. 145 T A ), filed sought to operate as a common carrier, Supervisor, Bureau of Operations and August 23, 1965. Applicant: TRANSIT by motor vehicle, over irregular routes, compliance, Interstate Commerce Com- HOMES, INC., 210 West McBee Avenue, transporting: General commodities (ex- No. 168------4 11188 NOTICES cept class A and B explosives, household Send protests to: C. W. Campbell, Dis­ West Wells Street, Room 511, Milwaukee, goods as defined by the Commission, and trict Supervisor, Bureau of Operations Wis., 53203. commodities in bulk), between Atlanta and Compliance, Interstate Commerce No. MC 124211 (Sub-No. 53 T A ), filed Municipal Airport, at or near Atlanta, Commission, 203 Eastman Building, August 23, 1965. Applicant: HILT Ga., and Miami, Fla., restricted to ship­ Boise, Idaho, 83702. TRUCK LINE, INC., 1813 Yolande, Post ments having a prior or subsequent No. MC 121227 (Sub-No. 2 T A ), filed Office Box 824, Lincoln, Nebr. Appli­ movement by air, for 180 days. Support­ August 23, 1965. Applicant: CORO­ cant’s representative: Duane W. Aeklie, ing shippers: Air Carrier Engine Serv­ NADO RAPID TRANSFER, INC., 3612 605 South 14th Street, Post Office Box ice, Inc., Post Office Box 236, Interna­ Kurtz Street, San Diego, Calif. Appli­ 2028, Lincoln, Nebr. Authority sought tional Airport, Miami, Fla., 33148, Zan- cant’s representative: Alan F. Wohl- to operate as a common carrier, by motor top Air Transport, Inc., Detroit-Metro­ stetter, 1 Farragut Square South, Wash­ vehicle, over irregular routes, transport­ politan Airport, Inkster, Mich. Send ington, D.C., 20006. Authority sought to ing: Meats, meat products, meat by­ protests to: William L. Scroggs, District operate as a common carrier, by motor products, and articles distributed by Supervisor, Bureau of Operations and vehicle, over irregular routes, transport­ meat packinghouses, as described in Compliance, Interstate Commerce Com­ ing: Household goods, as defined by the appendix I, parts A and C in Descrip­ mission, 680 West Peachtree Street N W , Commission, (1) between points in San tions in Motor Carrier Certificates, 61 Room 300, Atlanta, Ga., 30308. Diego and Orange Counties, Calif., and M.C.C. 209 from plantsite or Producers No. MC 113855 (Sub-No. 113 T A ), filed (2) between points in San Diego and Packing Co. at or near Garden City, August 23, 1965. Applicant: INTERNA­ Orange Counties, Calif,, on the one hand, Kans., to points in Minnesota, North Da­ TIONAL TRANSPORT, INC., South and, on the other, ports and points along kota, South Dakota, Missouri, Tennessee, Highway 52, Rochester, Minn. Appli­ Los Angeles Harbor, Calif., restricted to Kentucky, and Wisconsin, for 180 days. cant’s representative: Gene P. Johnson, shipments having a prior or subsequent Supporting shipper: Consumers Cooper­ First National Bank Building, Fargo, movement beyond said points, and fur­ ative Association, Garden City, Kans. N. Dak., 58102. Authority sought to op­ ther restricted to pickup and delivery Send protests to: Max H. Johnston, Dis­ erate as a common carrier, by motor service incidental to and in connection trict Supervisor, Bureau of Operations vehicle, over irregular routes, transport­ with packing, crating and containeriza­ and Compliance, Interstate Commerce ing: Amphibious jself-propelled vehicles', tion or unpacking, uncrating, and de- Commission, 315 Post Office Building, from Eden Prairie, Minn., to ports of en­ containerization of such shipments, for Lincoln, Nebr., 68508. try on the United States-Canada inter­ 180 days. Supporting shipper: Delcher No. MC 127454 TA (Correction), filed national boundary at or near Noyes, Intercontinental Moving Service, 262 July 30, 1965, published F e d e r a l R e g is ­ Minn., Portal, N. Dak., and Sweetgrass, Riverside Avenue, Jacksonville 2, Fla. t e r , issue of August 6, 1965, and repub­ Mont., for 180 days. Supporting ship­ Send protests to: W. J. Huetig, District lished as corrected this issue. Applicant: per: Cat-A-Gator Corp., 13613 County Supervisor, Bureau of Operations and JOHN W. MASK AND BOB TULL, .a Road 67, Hopkins, Minn., 55345. Send Compliance, Interstate Commerce Com­ partnership, doing business as MASK protests to: C. H. Bergquist, District mission, Room 7708, Federal Building, AND TULL SERVICE, 2191 South Ag- Supervisor, Bureau of Operations and 300 North Los Angeles Street, Los An­ new, Post Office Box 82775, Oklahoma Compliance, Interstate Commerce Com­ geles, Calif., 90012. City, Okla. Applicant’s representative: mission, 448 Federal Building, and U.S. No. MC 123393 (Sub-No. 75 T A ), filed John D. Fitch, 632 Northeast 50th, Okla­ Courthouse, 110 South Fourth Street, August 23, , 1965. Applicant: BILYEU homa City, Okla. Authority sought to Minneapolis, Minn., 55401. REFRIGERATED TRANSPORT COR­ operate as a contract carrier, by motor No. MC 116038 (SUb-No. 25 T A ), filed PORATION, 2105 East Dale, Box 965 vehicle, over irregular routes, transport­ August 23, 1965. Applicant: NORTH­ Commercial Station, Springfield, Mo. ing: Drilling mud and chemicals (dry ERN MOTOR CARRIERS, INC., Route Authority sought to operate as a common form) and related oil field supplies (not 9, Saratoga Road, Fort Edward, N.Y. carrier, by motor vehicle over irregular bulk), from Houston, Tex., to all points Applicant’s representative: J. Fred Rel- routes, transporting: Meats, meat prod­ in Oklahoma, for 180 days. Supporting yea (same address as applicant). Au­ ucts, meat byproducts, and articles dis­ shippers: Drilling Mud, Inc., 4515 North thority sought to operate as a common tributed by meat packinghouses in ap­ Santa Fe, Oklahoma City, Okla., Atlas carrier, by motor vehicle, over irregular pendix I, Parts A and C in Descriptions Mud Co., Post Office Box 16506, Okla­ routes, transporting: Talc, in bulk, in in Motor Carrier Certificates, 61 M.C.C. homa City, Okla., Southern Engineering tank vehicles, from Johnson, Vt., to 209, from plantsite of Producers Pack­ Co., Post Office Box 7310, Oklahoma City, Groveton, N.H., for 180 days. Support­ ing Co. at or near Garden City, Kans., to Okla. Send protests to: C. L. Phillips, ing shipper: Eastern Magnesia Talc Co., points in Delaware, Maine, New Hamp­ District Supervisor, Bureau of Opera­ Inc., Baldwin Avenue, South Burlington, shire, New York, North Carolina, South tions and Compliance, Interstate Com­ Vt. Send protests to: Wilmot E. James, Carolina, Rhode Island, Virginia, and merce Commission, Room 350 American Jr., District Supervisor, Bureau of Op­ West Virginia, for 180 days. Supporting General Building, 210 Northwest Sixth, erations and Compliance, interstate shippers: Consumers Co-Operative As­ Oklahoma City, Okla., 73102. N o t e : The Commerce Commission, 518 Federal sociation, 3315 North Oak Trafficway, purpose of this republication is to show Building, Albany, N.Y., 12207. Kansas City, Mo., 64116, Producers Pack­ that applicant seeks to conduct opera­ NO. MC 118318 (Sub-No. 9 T A ), filed ing Co., Garden City, Kans. Send pro­ tions as a contract carrier in lieu of as August 23, 1965. Applicant: IDA-CAL tests to: O. L. Scherer, District Super­ a common carrier as previously pub­ FREIGHT LINES, INC., 1798 Floral Ave., visor, Bureau of Operations and Com­ lished in error. Post Office Box 422, Twin Falls, Idaho, pliance, Interstate Commerce Commis­ 83301. Applicant’s representative: Mar­ sion, 110Q Federal Office Building, 911 By the Commission. vin Handler, 625 Market Street, San Walnut Street, Kansas City, Mo., 64106. Francisco, Calif., 94105. A u th o rity No. MC 124078 (Sub-No. 154 T A ), filed [ s e a l ] ‘ H. N e i l G a r s o n , Secretary. < sought to operate a common carrier, by August 23, 1965. Applicant: SCHWTER- motor vehicle, over irregular routes, MAN TRUCKING CO., 611 South 28th -IF.R. Doc. 65-9200; Filed, Au g. 30, 1965; transporting: Meat, meat products and Street, Milwaukee, Wis., 53246. Appli­ 8:46 a.m .] meat byproducts, as described in section cant’s representative: James R. Ziperski A of appendix I to the report in Descrip­ (same address as applicant). Authority tions in Motor Carrier Certificates, 61 sought to operate as a common carrier, FOURTH SECTION APPLICATIONS M.C.C. 209 and 766, from Great Falls, by motor vehicle,, over irregular routes, Mont., to points in California on and transporting: Corn grits, in bulk, from FOR RELIEF south of a line beginning at Fort Bragg, Milwaukee, Wis., to Cold Springs, Minn., A ugust 26,1965. for 150 days. Supporting shipper: Calif., and extending along California Protests to the granting of an applica­ Highway 20 to junction U.S. Highway 40, Krause Milling Co., Post Office Box 1156, tion must be prepared in accordance with thence along U.S. Highway 40 to the Milwaukee, Wis., 53201, A. J. Carr, gen­ Califomia-Nevada State line, for 150 eral traffic manager. Send protests to: rule 1.40 of the general rules of practice days. Supporting shipper: Needham W. F. Sibbals, Jr., District Supervisor, (49 CFR 1.40) and filed within 15 days Packing Corp. of Montana, Post, Office Bureau of Operations and Compliance, from the date of publication of this Box 2381, Great Falls, Mont., 59401. Interstate Commerce Commission, 108 notice in the F e d e r a l R e g is t e r . Tuesday, August 31, 1965 FEDERAL REGISTER 11189

L o n g - a n d -S h o r t H a u l Rules— Charles A. Webb (as ex officio matters requiring official action which Chairman) , Abe McGregor Goff and Paul J PSA No. 39990—Returned roofing are under active consideration at the Tierney. time of the transfer. granules from and to southern territory. Policy and Planning— William H. Tucker 2.6 Divisions as constituted prior to Piled by O. W. South, Jr., agent (No. (Chairman), John W. Bush and Paul J. A4756), for interested rail carriers. Tierney. March 7, 1961, shall remain in existence Rates on roofing granules, in carloads, for the purpose of disposing of matters N ote: References are to the Interstate circulated to them, or which have been on shipments returned from original Commerce Act, as amended, unless otherwise the subject of oral argument, before that destinations in official (including Illi­ specified. nois) , southern, southwestern, western date. 1.1 The following organization sched­ trunkline and Canadian territories, to T e r m s , D u t i e s , a n d R esponsibilities o f ule and assignment of work and func­ original points of shipment in southern THE CHAIRMAN, VICE CHAIRMAN, AND tions shall be effective until duly territory. sS e n i o r C ommissioner P r e s e n t Grounds for relief—Carrier competi­ changed: 3.1 The Chairman and Vice Chair­ tion. D i v i s i o n s o p t h e C o m m i s s i o n Tariff—Supplement 187 to Southern man each shall be elected by the Com­ Freight Association, agent, tariff ICC 2.1 There shall be three divisions of mission for a term of one calendar year. S-146. 1 the Commission to be known, respec­ Prior to election each must have served FSA No. 39991—Iron or steel plate tively, as divisions one, two, and three. three full years as a member of the Com­ from Sparrows Point, Md. Filed by 2.2 As provided by section 17 of the mission. Each shall be relieved during Traffic Executive Association-Eastern Interstate Commerce Act, as amended, his term of any regular assignment as a Railroads, agent (E.R. No. 2800), for in­ each division shall have authority to hear member of a division. In the absence terested rail carriers. Rates on iron and determine, order, certify, or report of the Chairman, his duties and respon­ or steel plate, plain, painted or gal­ or otherwise act as to any work, business, sibilities are delegated to the Vice Chair­ vanized, not including armor or deck or functions assigned or referred to it un­ man, who shall be Acting Chairman. In plate, in carloads, subject'to aggregate der the provisions of that section, and the absence of the Vice Chairman, and minimum weight of 500 net tons of 2,000 with respect thereto shall have all the the Chairman is present, the duties and pounds each, from Sparrows Point, Md., jurisdiction and powers conferred by law responsibilities of the Vice Chairman are to Quincy (Fore River Station), Mass. upon the Commission, and be subject to delegated to the Chairman. In the ab­ Grounds for relief—Barge competi­ the same duties and obligations. sence of both the Chairman and Vice tion. "2.3 Each division with regard to any Chairman, their respective duties and Tariff—Supplement 189 to the Penn­ case or matter assigned to it, or any ques­ responsibilities are delegated to the sylvania Railroad Co. tariff ICC 3194. tion brought to it under this delegation senior Commissioner present, who shall of duty and authority, may call upon the be Acting Chairman. In addition to By the Commission. entire Commission for advice and coun- his duties as indicated under “Assign­ [ s e a l ] H . N e i l G a r s o n , selj or for consideration of any case or ment of Duties to Individual Commis­ Secretary. question by an additional Commissioner sioners” and “Reporting of Heads of Bu­ or Commissioners assigned thereto; and reaus and Offices” , the Vice Chairman [F.R. Doc. 65-9199; Filed, Aug. 30, 1965; may act as a member of any division of 8:46 a.m.] the Commission may recall and bring be­ fore it as such any case, matter or ques­ the Commission, when designated by the tion so allotted or assigned and may Chairman, when a member is unable to ORGANIZATION OF DIVISIONS AND either dispose of such case, matter, or serve because of absence or other cause. BOARDS AND ASSIGNMENT OF question itself, or may assign or refer the Duties and responsibilities of the Chair­ matter to the same or another division. man, Vice Chairman and the senior WORK, BUSINESS AND FUNCTIONS 2.4 From such assignment of work Commissioner present are in addition to At a general session of the Interstate there shall be reserved for consideration any other duties that may be assigned or Commerce Commission, held at its office and disposition by the Commission (1) delegated to them. The following duties in Washington, D.C., on the 27th day of all investigations on the Commission’s and responsibilities are delegated to the July A.D. 1965. own motion heretofore entered upon and Chairman : Section 17 of the Interstate Commerce hereafter instituted, except as may be 3.2 (a) He shall be the executive Act, as amended (49 U.S.C. 17), and otherwise provided, and (2) all applica­ head of the Commission with general other provisions of law being under tions for rehearing, reargument or other responsibility for (1) the over-all man­ consideration: reconsideration and all cases before the agement and functioning of the Commis­ It is ordered, That the organization of Commission for reconsideration, except sion, (2) the formulation of plans and of divisions and boards and assignment as hereinafter otherwise provided; and policies designed to increase the effec­ of work, business and functions be, and there shall also be excepted from this tiveness of the Commission in the ad­ it is hereby, revised as recorded in the assignment of work all cases submitted ministration of the Interstate Commerce statement set forth below. to the Commission and specially referred Act and relâted acts, (3) prompt identi­ fication and early resolution, at the ap­ By the Commission. to a division, the various cases enumer­ ated in any previous order of the Com­ propriate level, of major substantive reg­ tSEAL] h . N e i l G a r s o n , mission as reserved for consideration and ulatory problems, and (4) the develop­ Secretary. disposition by the Commission, and all ment and improvement of staff support Organization minutes: cases otherwise specially assigned. The to carry out the duties and functions of Commission reserves to itself the deter­ the Commission. - J u l y 27, 1965. mination (1) as to the disposition of any (b) Subject to the provisions of para­ Chairman— Charles A. W ebb ( Jan. 1 , 1 9 6 5 - Commission proceeding subsequent to graph (c) of this item, there are hereby Dec. 31,1965). an adverse decision of a court, and (2) delegated to the Chairman of the Com­ , Vice Chairman—John W. Bush (Jan. 1, 1965—Dec. 31,1965). as to the filing and general content of a mission the executive and administrative Divisions-— memorandum or brief filed on behalf of functions of the Commission, including Division One— Commissioners Rupert L. the Commission as amicus curiae in any functions of the Commission with respect Murphy (Chairman), William H. Tucker and court. to: (1) The appointment, supervision, Virginia Mae Brown. 2.5 When a Commissioner is trans­ and removal of personnel employed un­ Division Two— Commissioners Howard G. ferred from a division he shall continue der the Commission, except those in the rreas (Chairman), Pam J. Tierney and Vir­ to serve as a member of such division ginia Mae Brown. immediate offices of Commissioners other in lieu of his successor for the purpose than the Chairman, subject to Civil Division Three— Commissioners Kenneth of clearing up accumulated work, which (Chairman), Laurence K. Walrath Service rules and regulations, (2) the and Abe McGregor Goff. shall be limited to the disposition of distribution of business among such per­ Commission Committees— cases submitted on oral argument prior sonnel and among administrative units rh «w lat!ou~ Charles A- Webb (as ex officio thereto, and still pending for decision, of the Commission, (3) the use and ex­ Wahatif11 ’ JOim W ‘ Bush 811(1 Laurence K. cases in which drafts of final reports penditure of funds, and (4) civil defense or orders have been circulated, and other and defense mobilization functions 11190 NOTICES transferred, delegated, or assigned to the action by the Chairman of the Civil ers or of groups of carriers and just and Commission, including the functions del­ Aeronautics Board, to designate a like reasonable rules, regulations and requir- egated, within the meaning of section number of Commissioners to function as ments therefore. 201(a) (3) of Executive Order 10480 of members of a joint board to consider and (h) Sections 204(c), 304(e) and August 14, 1953, as amended, to “ the pass upon matters referred to it as pro­ 403 (f), so far as relating to investigation Commissioner of the Interstate Com­ vided under subsection (c) of such sec­ of complaints of alleged noncompliance merce Commission who is responsible for tion. with the provisions of Parts H, n i, and the supervision of the bureau which ad­ 3.12 The Chairman may from time IV assigned to Division 1 or requirements ministers the car-service functions of the to time make such provisions (consistent established pusuant thereto. Commission”. Existing delegations of with the delegation limitations of section (i) Section 204 (e) and (f), and sec­ executive or administrative functions of 17(2)) as he shall deem appropriate au­ tion 204(a) (6), so far as it relates to the the divisions, individual Commissioners, thorizing the performance by any Com­ lease and interchange of vehicles by mo­ boards of employees, or individual em­ missioner or by any officer, employee, or tor carriers, including authority to act ployees shall remain in effect until the administrative unit under his jurisdic­ on applications for approval of contract further order of the Chairman. tion of any function delegated to the carrier rental contracts under § 207.6(b) (c) (1) In carrying out any of hisChairman. of the lease and interchange regulations functions the Chairman shall be gov­ (49 CFR 207.6(b)), except, in each case, erned by general policies of the Com­ A s s i g n m e n t o f D u t i e s t o D i v i s i o n matters assigned to and determined by mission and by such regulatory decisions, 1.1 Work, business, and functions of an Operations and Compliance Board findings, and determinations as the the Commission are assigned and refer­ pursuant to Item 7.8. Commission may by law be authorized red to the respective divisions for action (j ) Sections 206, 207, and 208, relating to make. (2) The appointment by the thereon except as otherwise provided in to certificates of public convenience and Chairman of the heads of offices and Item 7, as follows: necessity, and certificates of registration, bureaus of the Commission shall be sub­ 4.2 Division One—Operating Rights except matters assigned to and deter­ ject to the approval of the Commission. Division, (a) Section 5 (2) to (13), so mined by an Operating Rights Board 3.3 He shall preside at all sessions of far as related to authorizing continuance pursuant to Items 7.11(a) (1) and 7.11(b) the Commission, and shall see that every of control, within the principle of the (1). vote and official act of the Commission Hannon and Schwerman cases, 39 M.C.C. (k) Section 209, relating to permits, required by law to be recorded is ac­ 620, 80 M.C.C. 382, upon institution of except matters assigned to and deter­ mined by an Operating Rights Board curately and promptly recorded by the newly authorized operations. Secretary or the person designated by (b) Section 203 (b ), relating to partial pursuant to Item 7.11(a)(1). the Commission for such purpose. exemption from the provisions of Part II, (l) Section 210, relating to dual opera­ tions, except matters assigned to and de­ 3.4 Except regular sessions, which including determinations as to the neces­ termined by an Operating Rights Board shall be provided for by general regula­ sity for application of Part H to trans­ pursuant to Item 7.11 (a) (1). tion of the Commission, he shall call portation within a municipality, between the Commission into special session (m) Section 210a(a) relating to appli­ contiguous municipalities, or within an cations for temporary authority for serv­ whenever in his opinion any matter or adjacent zone, and the determination of business of the Commission so requires, ice by common or contract carriers by the limits of such zones, referred to in motor vehicle when certified to the Divi­ but he shall, in any event, call a special section 203(b)(8) and to casual trans­ session for the consideration of any mat­ sion by the Temporary Authorities portation operations by motor vehicle, Board. ter or business upon request of a ma­ referred to in sections 203(b) (9) . jority of the members. (n) Section 211, relating to brokerage (c) Section 204(a) (1), (2), (3), (3a), licenses, except matters assigned to and 3.5 He shall exercise general control and (5), so far as relates to reasonable over the Commission’s argument calen­ determined by an Operating Rights requirements with respect to continuous Board pursuant to Item 7.11(a) (1). dar and conference agenda. and adequate service and transportation 3.6 He shall act as correspondent and (o) Section 212(a) (including section of baggage and express by common car­ 204(c) when pertinent thereto), relating spokesman for the Commission in all riers, and to qualifications and maximum matters where an official expression of to suspension, change, and revocation of hours of service of employees, safety of certificates, permits, and licenses except the Commission is required. operation and equipment, and comfort 3.7 He shall (a) bring to the atten­ determination of uncontested motor car­ of passengers, for motor carriers, but rier revocation proceedings which have tion of any Commissioner, division, or not including requirements for the safe board any delay or failure in the work not involved the taking of testimony at a transportation of explosives and other public hearing unless certified to the Di­ under his or its supervision, and (b) dangerous articles, and not including initiate ways and means of correcting or vision by the Temporary Authorities matters assigned to and determined by Board. preventing avoidable delays in the per­ an Operations and Compliance Board formance of any work or the disposition (p) Section 212(c), relating to issu­ pursuant to Item 7.8. ance of certificates of public convenience of any official matter. (d) Section 204(a)(4) and section 3.8 He shall be ex officio Chairman of and necessity in lieu of permits outstand­ 211 (a) to (c), inclusive, relating to the ing on August 22,1957. the Committee on Legislation and of the regulation of brokers (other than their Committee on Rules. He shall appoint (q) Section 215 and section 211(c), re­ accounts, records, and reports, the trans­ lating to security for the protection of a standing Committee and may appoint fer of brokers’ licenses, changes in con­ such ad hoc committees on Policy and the public, except matters assigned to trol of corporations or associations hold­ and determined by an Operations and Planning as he may deem necessary to ing brokers’ licenses and security for'the aid him in discharging his responsibili­ Compliance Board pursuant to Item 7.8. protection of the public),. (r) Section 224, relating to identifica­ ties under Item 3.2(a) (2) of these min­ (e) Section 204(a) (4a), relating to utes. tion of motor carriers. certificates of exemption to motor car­ (s) Section 302(e) and section 303 (b) 3.9 He may designate a Commissioner riers operating solely within a single to (h ), inclusive, relating to exemptions to fill a vacancy on any Committee until State, except matters assigned to and of water carriers from the provisions of the Commission otherwise orders. determined by an Operating Rights Part TTTr 3.10 Pursuant to the general objec­ Board pursuant to Item 7.11 (a) (1). (t) Sections 303(1), 309, and 310, re­ tives and broad policies, or to specific in­ (f) Section 204(a)(7), so far as re­ lating to certificates of public conven­ structions of the Commission, he shall lates to inquiries into the management of ience and necessity and permits; section supervise, guide and direct the Man­ the business of motor carriers and brok­ 311(a), relating to temporary authori­ aging Director, the Secretary, and the ers and persons controlling, controlled ties; section 410 (a) to (f), inclusive, sec­ General Counsel in the performance of by, or under common control with motor tion 410 (h) and (i), relating to permits, their duties. carriers, and requests for information except matters assigned to and deter­ 3.11 In accordance with s ec tio n deemed necessary to carry out the provi­ mined by an Operating Rights Board 1003(a) of the Federal Aviation Act of sions of Part n . pursuant to Item 7.11(a) (1). 1958, he is directed, when the occasion (g) Section 204(b), relating to the (u) Section 304(c) relating to classifi­ arises, in conjunction with corresponding establishment of classifications of brok­ cations of groups of water carriers sub- Tuesday, August 31, 1965 FEDERAL REGISTER 11191 ject to Part in and rules, regulations, ferred upon the Commission by the carriers, including authority to institute, and requirements relating thereto. Panama Canal Act (49 U.S.C. 51); and conduct, and determine investigations (v) Section 403 (c) and (d ), relating section 201(c), Transportation Act, 1920, pertaining thereto. to authority to prescribe reasonable as amended, 49 U.S.C. 141(c). (r) All formal cases not otherwise rules and regulations governing the fil­ (g) Institution of investigations of herein assigned or referred to another ing of surety bonds, policies of insurance, intrastate rates, fares, and charges, clas­ division, or reserved to the Commission, etc., by freight forwarders, except mat­ sifications and practices under section arising under Part I, and all formal cases ters assigned to and determined by an 13(3) of Part I and section 406(f) of Part involving rates, fares, or charges arising Operations and Compliance Board pur­ IV on the petition of carriers or freight under Parts II, III, and IV. suant to Item 7.8. forwarders. (s) Matters coming from the Board of (w) Any matters arising under Parts (h) Sections 15(7), 216(g), 218(c), Reference, relating to instructions con­ II, in, and IV not specially assigned or 307 (g) and (i), and 406(e), relating to cerning the informal consideration of referred to other Divisions, except the disposition (1) by declining to sus­ unusual matters and cases for which matters relating to the Commission’s pend or (2) by Entering an order of in­ there is no governing precedent. Deviation Rules (49 CPR Part 211, or as vestigation or (3) by entering an order (t) Authority to institute, conduct, and amended) assigned to and determined by of investigation and suspension, either determine investigations into rates, fares, an Operating Rights Board, pursuant to on its own motion or on petitions or re­ charges, classifications, and practices re­ Item 7.11(b) (2). quests for suspension of schedules and lated thereto, including the reference of (X ) In connection with the foregoing tariffs, and relating to authority to in­ matters to joint boards as provided for in assignments, Division 1 is authorized to stitute investigations into rates, fares, section 1003 of the Federal Aviation Act institute, conduct, and determine in­ charges, and practices of carriers under of 1958.. vestigations into motor carrier, water Parts I, II, III, and IV, as ancillary to 4.4 Division Three—Finance, Safety carrier, and freight forwarder practices such investigations or such investigation and Service, (a) Section 1(9), relating pertaining to matters covered by such and suspension proceedings: (1) when to switch connections. assignments. there are involved petitions for suspen­ (b) Section 1 (10) to (14) (a), inclusive, 4.3 Division Two— Rates, Tariffs, and sion of schedules or tariffs filed in pur­ and section 1 (15) to (17), inclusive, re­ Valuation Division, (a) Section 1(14) ported compliance with any decision, lating to car-service and emergency di­ (b), relating to contracts of common car­ order, or requirement of the Commission rections with respect thereto, except mat­ riers by railroad or express companies for or a Division thereof, or (2) when such ters assigned to and determined by the the furnishing of protective service matter is certified to the Division by the Railroad Safety and Service Board pur­ against heat or cold. Board of Suspension or recalled by the suant to Item 7.7. (b) Sections 3(2), 223, 318, and 414, so Division. (c) Section 1 (18) to (20), inclusive, far as relating to the prescription of (i) Sections 15(13), 225, 314, and 415, relating to certificates of public con­ rules governing the delivery of freight relating to fixation of reasonable allow­ venience and necessity, except determi­ and the settlement of rates and charges, ances to the owner of property trans­ nation of applications which have not in­ and to prevent unjust discrimination. ported for transportation services ren­ volved the taking of testimony at a pub­ (c) Section 4, relating to long-and- dered, and I. & S. No. 11, The Tap lin e lic hearing or the submission of evidence short-haul and aggregate-of-inter- Case. by opposing parties in the form of affi­ mediate rates, and relief therefrom when (j) Section 19a, relating to the valua­ davits, unless certified to the Division by such proceedings have been formally tion of the property of carriers. a Finance Board or recalled by the Divi­ heard, when applications' are certified (k) Section 20 (1) to (10), inclusive; sion. (See Item 7.6(c).) to the Division by the Fourth Section section 204(a) (1), (2) and (4); section (d) Section 1(21) so far as relating to Board, when fourth-section relief arises 220 (a) to (f), inclusive; section 222 (b), the compulsory construction of new roads as a result of an order or requirement of (d), and (g); sections 313, 316(b), 317 or procurements of additional facilities. the Commission, or a division thereof, (d) and (e); and sections 412, 417(b), (e) Section 3(5), relating to require­ or when applications are to be considered and 421 (d) and (e), so far as those sec­ ment of common use of terminals and in connection with general rate-increase tions relate to accounting and statistical compensation therefor. proceedings. reports, records, and accounts of carriers, (f) Section 5(1), relating to the pool­ (d) Section 5a, relating to agreements lessors, brokers, freight forwarders and ing of traffic, service, or gross or net between or among carriers. other persons under Parts I, n , m , and earnings of common carriers subject to (e) Section 6, except paragraphs (11) IV, and so far as matters arising under the act. and (12), relating to schedules of carriers the stated sections are not assigned. (g) Section 5 (2) to (13), inclusive under Part I, sections 217 and 218 re­ (l) Section 20(11) of Part I, section (except matters assigned to Division 1), lating to tariffs of common carriers and 219 of Part II, and section 413 of Part relating to consolidations, mergers, pur­ schedules of contract carriers under Part IV so far as relating to the authorization chases, leases, operating contracts, and II, section 306 relating to tariffs of com­ of released rates and ratings except mat­ acquisitions of control of carriers, non­ mon carriers and schedules of contract ters assigned to and determined by the carrier control, and trackage rights, in­ carriers under Part III, and section 405 Released Rates Board pursuant to Item cluding matters of public convenience relating to tariffs of freight forwarders 7.10 unless certified to the Division by and necessity under section 207 and con­ under Part IV—including, among other the Released Rates Board or recalled by sistency with the public interest under matters, the promulgation or prescrip­ the Division, section 209 directly related thereto, ex­ tion of forms, specifications, rules, or (m) Section 22. (n) Section204(c),section304(e),and cept determination of applications under regulations to effectuate such provisions section 5(2) and aforesaid related mat­ of law, as well as applications or petitions section 403(f), so far as relating to the involving the construction, interpreta­ investigation of complaints of alleged ters under sections 207 and 209 which tion or application of such forms, specifi­ noncompliance with provisions of Parts have not involved the taking of testi­ cations, rules, or regulations, except II, III, and IV hereinbefore assigned to mony at a public hearing or the submis­ matters arising under sections 6(3)-, 217 Division Two or requirements established sion of evidence by opposing parties in

(k) Section 20a (other than matters (u) Section 411 (d) and (f), relating or office, except (1) publications au­ assigned under Item 6.6(a) relating to to investigation of alleged violations of thorized or àdopted by the Commission, interlocking directorates) and 214, relat­ section 411 (a), (b), and (c). a division, or a single Commissioner ing to securities, except determination of (v) Part V, relating to the guaranty which involve décidons and/or orders applications which have not involved the of loans to common carriers by railroad, resulting from a formal proceeding; (2) taking of testimony at a public hearing excepting matters relating to the closing decisions and/or orders, in form al or the submission of evidence by opposing of such transactions which are delegated opinions of any bureau or office, or any parties in the form of affidavits, unless by Item 6.5(b) hereof to the Chairman of recommended report and order of any certified to the Division by a Finance Division 3, unless certified to the Divi­ hearing officer, and any matters directly Board or recalled by the Division. (See sion by said Commissioner. related thereto; (3) documents prepared Item 7.6 (a), (b), and (c).) (w) The Uniform Bankruptcy Act, as for court cases or for introduction into (l) Section 20b relating to voluntary amended, 11 U.S.C. relating to the re­ evidence in formal proceedings; (4) adjustments of capital structures under organization of corporations subject to material of a transitory or personal Part I. the exercise of the regulatory powers of nature, such as speeches, articles, etc.; (m) Matters arising under section 20c, the Commission. (5) publications authorized and adopted providing for the recording of equipment (x) Section 3 of Public Law No. 478 by the entire Commission; and (6) re­ trust agreements and other documents relating to review by the Commission ports made by the Director of Locomo­ relating to lease or conditional sale of prior to confirmation by the courts of tive Inspection pursuant to section 7 of railroad equipment. plans of reorganization previously ap­ the Locomotive Inspection Act. (n) Section 25 (a) to (g), inclusive, proved by the Commission. (d) Postponement of the effective as amended, relating to the installment (y) Matters arising under the Clayton date of orders in proceedings which are and maintenance of safety devices by Antitrust Act, as amended. the subject of suits brought in a court to carriers by railroad except matters as­ (z) Standard Time Act of March 19, enjoin, suspend, or set aside the decision, signed to and determined by the Rail­ 1918, as amended, 15 U.S.C. 261-265, order, or requirement therein. road Safety and Service Board pursuant inclusive. (e) Communications referred pur­ to Item 7.7. (aa) Matters arising under the Explo­suant to Rule 1.4(e) and Appendix C of (o) Section 204(a) (1), (2), (3), and sives and Other Dangerous Articles Act, the General Rules of Practice. Accident Reports Act (except requests (5) of Part n, so far as relating to the VICE CHAIRMAN OF THE COMMISSION establishment of reasonable requirements for public inspection of reports described for the safe transportation of explosives in § 125.9 of the rules governing monthly 6.3 (a) Authority to permit the use and other dangerous articles, including reports of railroad accidents), Safety of prescribed, accounts for carriers and flammable liquids, flammable solids, oxi­ Appliance Acts, Power or Train Brakes other persons under Parts I, n, HI, and dizing materials, corrosive liquids, com­ Safety Appliance Act of 1958, Hours of IV, which by provisions of their own pressed gases, radioactive materials, Service Act, Locomotive Inspection Act, texts require special authority when such request is certified to the Vice étiologie agents, and poisonous sub­ Medals of Honor Act, Ash Pan Act, Rail­ stances, except matters assigned to and road Retirement Act of 1937, Railroad Chairman by the Accounting and Valu­ determined by the Explosives and Other Retirement Tax Act, Railroad Unem­ ation Board or recalled by the Vice Dangerous Articles Board pursuant to ployment Insurance Act, the Railway Chairman. (b) Authority to permit departures Item 7.8(d). Labor Act, as respectively amended; the Block Signal Resolution of June 30,1906, from general rules prescribing uniform (p) Section 204(a) (4) relating to and Sundry Civil Appropriation Act of systems of accounts for carriers and transfer of brokers’ licenses and changes May 27,1908; Postal Service Acts, so far other persons under Parts I, H, IH, and in control of corporations or associations as those Acts relate to duties of the Com­ IV, when such request is certified to the holding brokers’ licenses; sections 206(a) mission, except matters assigned to and Vice Chairman by the Accounting and (6) and (7) relating to transfer of certifi­ determined by the Railroad Safety and Valuation Board or recalled by the Vice cates of registration and rights to oper­ Service Board pursuant to Item 7.7, or Chairman. ate pending the determination of by the Explosives and Other Dangerous (c) Authority to prescribe by order, applications for certificates of registra­ Articles Board pursuant to Item 7.8(d). rates of depreciation to be used by in­ tion; sections 212(b) and 312 relating (bb) In connection with the foregoing dividual carriers by railroad, water and to transfer of certificates and permits; assignments, Division 3 is authorized to pipe line, when such request is certified and section 410(g) relating to transfer institute, conduct and determine investi­ to the Vice Chairman by the Accounting of permits; except determination of ap­ gations pertaining to matters covered by and Valuation Board or recalled by the plications which have not involved the such assignments. Vice Chairman. taking of testimony at a public hearing (d) Authority to issue special au­ or the submission of evidence by opposing C o m m i t t e e s o f t h e C o m m i s s i o n thorizations permitted by the prescribed parties in the form of affidavits, unless regulations governing the destruction of certified to the Division by the Transfer 5.1 There shall be a Committee on Legislation, a Committee on Rules, and a records of carriers subject to Parts I, Board or recalled by the Division. (See H, HI, and IV, when such request is Item 7.5.) Committee on Policy and Planning com­ posed of three Commissioners each. certified to the Vice Chairman by the (q) Sections 204(c), 304(e), and 403 Accounting and Valuation Board or re­ (f), so far as relating to the investigation A s s i g n m e n t o f D u t i e s t o I n d i v i d u a l called by the Vice Chairman. of complaints of alleged noncompliance C ommissioners (e) With respect to carriers a n d other with provisions of Parts n , m , and IV, persons subject to Parts I, HI, and 6.1 The following portions of the n, hereinbefore assigned to Division 3 or IV. (1) authority to grant extensions work, business, and functions of the of time for filing annual, periodical, and requirements established pursuant there­ Commission are assigned and referred to to. special reports, and (2) authority to individual Commissioners as herein grant''exemptions to individual carriers (r) Sections 210a(b) and 311(b) re­ designated: lating to applications for temporary from the reporting and accounting re­ CHAIRMAN OF THE COMMISSION quirements. authority when certified to the Division (f) Requests for (1) access to waybills by a Finance Board or recalled by the 6.2 (a) Entry of reparation orders or photostat copies thereof, and (2) ac­ Diyision. (See Items 7.6(a) (2) and 7.6 responsive to findings authorizing the cess to statistics reported pursuant to (c) (3) ,) filing of statements as provided in Rule orders of the Commission. (s) Section 403(b), relating to estab­ 100 of the General Rules of Practice. (g) Approval of reisearch projects with lishment of reasonable requirements with (b) Claims arising under Federal consultation with the Commission as a respect to. continuous and adequate serv­ Tort Claims Act, 28 U.S.C. 2671 et seq., whole from time to time as matters re­ ice by freight forwarders. except claims covered by Section 2672 quire. . . (t) Section 404(d), relating to agree­ of that Act. (h) Ex Parte No. 13, with respect to ments between freight forwarders for (c) Approval for publication of all modifications under section 6(3) of post­ joint loading of traffic. publicly issued documents by a bureau ing requirements of section 6(1). Tuesday, A u gust 31, 1965 FEDERAL REGISTER 11193

(i) Reduced rates authorizations inwhich in his judgment should be passed ter which, in its judgment, should be cases of calamitous visitation under sec­ on by that division, or the Commission. passed upon by that division or the Commission. tion 22. CHAIRMAN OF DIVISION THREE ( j ) Matters coming from the Informal 7.4 Temporary Authorities - Board. Case Branch of the Bureau of Traffic. (c) Institution of formal investiga­(a) Section 210a(a), relating to applica­ (k) Valuation reports in connection tions of accidents involving railroads, or tions for temporary authority for service with matters which do not involve the involving motor vehicles engaged in the by common or contract carriers by motor taking of testimony at a public hearing, transportation of explosives and other vehicle, except applications involving or the submission of evidence by oppos­ dangerous articles. broad questions of policy, matters in which the decision of the Board would be ing parties in the form of affidavits when CHAIRMAN OF DIVISION ONE such reports are certified to the Vice inconsistent with an order of the Com­ Chairm an by the Accounting and Valu­ 6.6 Institution of formal investiga­ mission or a division, matters in which ation Board or recalled by the Vice tions of motor vehicle accidents involv­ substantially the same question is al­ Chairm an. ing safety of operation and equipment ready before the Commission or a divi­ (l) Admission, disbarment, and sus­ within the meaning of Item 4.2(c). sion and the initial application received pension of practitioners before the Com­ IF THE PROCEEDING HAS BEEN ASSIGNED TO A as a result of a strike which allegedly mission under §§ 1.7 to 1.13, inclusive, of COMMISSIONER, THE COMMISSIONER TO disrupts transportation in the area in­ volved. After Division 1 has made the the General Rules of Practice. WHOM IT IS a s s ig n e d ; OTHERWISE, TO (m) Authority to institute investiga­ THE CHAIRMAN OF THE COMMISSION initial determination that a particular tions o n the Commission’s own motion strike is disrupting transportation, it and to discontinue proceedings insti­ 6.7 Dismissal of complaints upon re­ may, at its discretion, refer all subse­ tuted under this authority at any time quests of complainants. quent applications involving the same prior to hearing thereon, except that this A s s i g n m e n t s t o B o a r d s strike to the Board for disposition. Mat­ authority does not include institution ters herein excepted from the Board’s of any investigation as comprehended in 7.1 The following portions of the jurisdiction shall be certified to Division items 4.3(h), 4.3 (t) and 7.3. Nothing work, business, and functions of the 1 under Item 7.4(e). herein shall deprive the respective di­ Commission are assigned to Boards of (b) Entry of show-cause orders under visions or Chairmen thereof of author­ employees. Such portions relate to pro­ sections 204(c) and 212(a) relating to ity to institute investigations. ceedings or classes of proceedings that the failure of motor carriers to file an­ (n ) Such other duties as may be dele­ do not involve issues of general trans­ nual reports. gated by the Chairman. portation importance. The right to ap­ (c) Determination of uncontested mo­ ply to the Commission for rehearing, re­ tor carrier revocation proceedings under CHAIRMAN OF THE RESPECTIVE DIVISIONS argument or reconsideration of a deci­ section 212(a) which have not involved CHAIRMAN OF THE COMMISSION sion, order or requirement of an the taking of testimony at a public hear­ appellate division upon a petition filed ing. 6.4 Merely procedural matters in any by a party to the original order, action (d) Any matter referred to the Board formal case or pending matter, and ex­ or requirement of any such board is re­ which is assigned for the taking of tes­ tensions of time for compliance with stricted under the authority granted by timony at a public hearing shall be car­ orders (except in investigations on the section 17(6) of the Interstate Com­ ried to a conclusion in accordance with Commission’s own motion), in any such merce Act as herein provided. the established practices and assignment case or matter which is not the subject 7.2 Fourth Section Board. Section 4, of work of the Commission. of a suit in court, when the subject mat­ relating to long-and-short-haul and ag- (e) The Board may certify to Division ter or particular proceeding has been or gregate-of-intermediate rates, and relief 1 any matter which in the Board’s judg­ is assigned or referred to the division: therefrom, except proceedings made the ment should be passed on by that divi­ Provided, That if the proceeding has subject of formal hearing, matters sion, or the Commission. been assigned to a Commissioner for ad­ prompted by an order or requirement of 7.5 Transfer Board, (a) Determina­ ministrative handling or preparation of the Commission or a division thereof, or tion of applications which have not in­ report, such Commissioner shall act on matters arising from general increase volved the taking of testimony at a pub­ such procedural matters (including ex­ proceedings. The Board may certify to lic hearing or the submission of evidence tensions of time for compliance with Division 2 any matter which, in its judg­ by opposing parties in the form of affi­ orders); and if the subject matter or ment, should be passed on by that divi­ davits under section 204(a) (4) relating particular proceeding has not been as­ sion or the Commission. to transfer of brokers’ licenses and signed or referred to a division or to a 7.3 Board of Suspension. Section 15 changes in control of corporations or as­ Commissioner, the Chairman of the (7), 216(g), 218(c), 307 (g) and (i), and sociations holding brokers’ licenses; sec­ Commission may act on such matters. 406(e), relating to the initial disposition tions 206(a)(6) and (7) relating to CHAIRMAN OF DIVISION THREE (1) by declining to suspend or (2) by transfer of. certificates of registration entering an order of investigation or (3) and rights to operate pending determi­ 6.5 (a) Applications under section by entering an order of investigation and nation of applications for certificates of 20a(12) for authority to hold the posi­ suspension, either on its own motion or registration; sections 212(b) and 312 re­ tion of officer or director of more than on petitions or requests for suspension lating to transfer of certificates and per­ one corporation. of schedules and tariffs, and relating to mits; and section 410(g) relating to (b) Matters relating to closing ofauthority to institute investigations into transfer of permits. transactions in accordance with such rates, fares, charges, and practices of (b) Any matter referred to the Board terms and conditions as may have been carriers under Parts I, n , m , and IV, which is assigned for the taking of tes­ Prescribed by the Commission or Di­ as ancillary to such investigations or timony at a public hearing shall be car­ vision 3 under the provisions of Part V such investigation and suspension pro­ ried to a-conclusion in accordance with £the Act, including the execution on ceedings ; and the authority, prior to sub­ the established practices and assignment Dehalf of the Commission of contracts mission of evidence, to enter orders dis­ of work of the Commission. and other instruments incident to the continuing any proceeding when the (c) The Board may certify to Division closing of such transactions; and mat­ schedules or tariffs under which the pro­ 3 any matter which in the Board’s judg­ ters relating to the administration of ceeding arose have been cancelled. This ment should be passed on by that divi­ loans and other financing guaranteed delegation of authority shall not include: sion, or the Commission. under Part V of the Act, including the (1) Petitions or requests relating to 7.6 Finance Boards— (a) Finance °f consents by the Commission schedules or tariffs filed in purported Board No. 1. (1) Determination of appli­ under guaranty agreements and the con- compliance with any decision or order cations (except matters assigned in Item truction of provisions contained in such of the Commission or p division thereof, 4.2(a) relating to consolidations, merg­ greements and other agreements en- or (2) any action in connection with ers, purchases, leases, operating con­ red into in connection with such loans suspensions to be taken during or after tracts, and acquisitions of control of mo­ or other financing. The Commissioner formal hearings or investigations. The tor carriers, and non-carrier control of ay certify to Division 3 any matter Board may certify to Division 2 any mat­ such carriers, including matters of pub- 11194 NOTICES lie convenience qnd necessity under sec­ with the established practices and as­ insurance, or other security for the pro­ tion 207 and consistency with the public signment of work of the Commission. tection of the public, except matters interest under section 209 directly re­ (f ) Any Finance Board may certify towhich involve or have involved the tak­ lated thereto, and issuance of securities Division 3 any matter which in the ing of testimony at a public hearing or and assumption of obligations under sec­ Board’s judgment should be passed on the submission of evidence by opposing tion 214 in connection therewith, which by that division, or the Commission, and parties in the form of affidavits. have not involved the taking of testi­ Division 3 may recall any matter from (2) Section 221 (a) and (c) relating mony at a public hearing or the submis­ a Finance Board. to the designation by motor carriers and sion of evidence by opposing parties in 7.7 Railroad Safety and Service brokers of persons upon whom orders the form of affidavits. The term “mo­ Board, (a) Proceedings relating to car- and notices may be served and the desig­ tor carriers” as used herein does not in­ service and emergency directions with nation of agents upon whom service of clude a motor carrier which also is a respect thereto, including suspension of process may be made, except matters carrier subject to part I or part III of the any or all rules, regulations or practices, which involve or have involved the tak­ Interstate Commerce Act. promulgation of just and reasonable di­ ing of testimony at a public hearing or (2) Section 210a(b) relating to appli­ rections without regard to ownership to the submission of evidence by opposing cations for temporary authority, and best promote the service in the interest parties in the form of affidavits. continuance of temporary authority un­ of the public and the commerce of the (b) Motor Carrier Safety Board. (1) der section 9(b) of the Administrative people, require joint and common use of Section 204(a) (1), (2), (3), (3a), and Procedure Act and interpretative special terminals, including main line track or (5> so far as relates to reasonable re­ rules (49 CFR 2.1 to 2.4). tracks for reasonable distances outside quirements with respect to qualifications (b) Finance Board No. 2. Determi­ such terminals, and promulgate direc­ and maximum hours of service of em­ nation of applications under sections tions for preference or priority in trans­ ployees, safety of operation and equip­ 20a(l) to (11), inclusive, and 214 relat­ portation, embargoes, or movement of ment, and comfort of passengers under ing to securities when not connected with traffic under permits, except contro­ section 204(a) (3a), for motor carriers, an application under section 1(18)-(20) versies between carriers as to compensa­ including the issuance and release of or section 5(2) and which have not in­ tion, under provisions of section 1 (15) motor carrier accident investigation re­ volved the taking of testimony at a pub­ and (16) which have not involved the ports, but not including requirements for lic hearing or the submission of evidence taking of testimony at a public hearing the safe transportation of explosives and by opposing parties in the form of affi­ or the submission of evidence by oppos­ other dangerous articles, not including davits. ing parties in the form of affidavits. the entering into arrangements for the (c) Finance Board No. 3. (1) De­ (b) Proceedings relating to the in­ making of tests and experiments by other termination of applications under sec­ stallation and maintenance of safety governmental agencies or the use of tion 1 (18) to (20), inclusive, relating to devices by carriers by railroad under facilities of other governmental agencies certificates of public convenience and provisions of section 25 (a) to (g), inclu­ where the cost thereof is to be paid by the necessity, and issuance of securities and sive, as amended, which have not in­ Commission, and not including matters assumption of obligations under section volved the taking of testimony at a pub­ which involve or have involved the tak­ 20a in connection therewith, which have lic hearing or the submission of evidence ing of testimony at a public hearing or not involved the taking of testimony at by opposing parties in the form of the submission of evidence by opposing a public hearing or the submission of affidavits. parties in the form of affidavits. evidence by opposing parties in the form (c) Matters arising under the Acci­ (2) Section 222(d) relating to author­ of affidavits. dent Reports Act, Safety Appliance Act, izing or directing the disclosure of infor­ (2) Determination of applications un­ Power or Train Brakes Safety Appliance mation concerning motor carrier acci­ der section 5(2) (except matters as­ Act of 1958, Hours of Service Act, Loco­ dents and compliance by motor carriers signed in item 4.2(a) relating to con­ motive Inspection Act (except matters with the safety regulations (49 CFR solidations, mergers, purchases, leases, relating to personnel and compensation Parts 190-198) coming to the knowledge operating contracts, and acquisitions of and matters specifically delegated to the of Commission employees during the control of carriers, by railroad or water, Director of Locomotive Inspection), and course of inspections made under au­ non-carrier control of such carriers, and Ash Pan Act, except to recommend in­ thority of section 220, except when the trackage rights; and applications under stitution of civil and criminal proceed­ authorizing or directing of the disclosure section 20a (1) to (11), inclusive, re­ ings for enforcement of statutory pro­ involves or has involved the taking of lating to securities of carriers, in con­ visions relating to safety of railroad op­ testimony at a public hearing or the sub­ nection with the aforesaid applications eration, which have not involved the mission of evidence by opposing parties under section 5(2), which have not in­ taking of testimony at a public hearing in the form of affidavits. volved the taking of testimony at a pub­ or the submission of evidence by oppos­ (c) Motor Carrier Leasing Board. lic hearing or the submission of evidence ing parties in the form of affidavits. Section 204 (e) and (f) and section by opposing parties in the form of affi­ (d) Any matter referred to the Rail­ 204(a) (6) so far as they relate to the davits. road Safety and Service Board which is lease and interchange of vehicles by (3) Section 311(b) relating to appli­ assigned for the taking of testimony at motor carriers, including authority to cations for temporary authority, and a public hearing shall be carried to a act on applications for approval of con­ continuance of temporary authority un­ conclusion in accordance with the estab­ tract carrier rental contracts' under der section 9(b) of the Administrative lished practices and assignment of work § 207.6(b) of the lease and interchange Procedure Act and interpretative special of the Commission. regulations (49 CFR 207.6(b)), except, rules (49 CFR 2.1 to 2.4). (e) The Railroad Safety and Service in each case, matters which involved or (d) Finance Review Board. Determi­ Board may certify to Division 3 any mat­ have involved the taking o f testimony at nation of matters in proceedings under ter which in the Board’s judgment a public hearing or the submission of the provisions of law set forth in Item should be passed on by that Division or evidence by opposing parties in the for® 4.4 hereof, in cases or types of cases the Commission, and Division 3 may re­ of affidavits. specified from time to time by the Chair­ call any matter from the Railroad Safety ( d ) Explosives and Other DangeroVA man of Division 3, which have involved and Service Board. Articles Board. Proceedings relating to (other than by the board) the taking of 7.8 Operations and Compliance the establishment of reasonable require* testimony at a public hearing or the Boards—(a) Insurance Board. (1) Sec­ ments for the safe transportation of ex*-* submission of evidence by opposing tion 211(c) relating to bonds or other plosives and other dangerous articles, parties in the form of affidavits. (See security to assure financial responsibility including flammable liquids, flammable Appendix A for cases or types of cases of brokers, section 215 with respect to solids, oxidizing materials, corrosive specified by Chairman of Division 3.) the furnishing by motor carriers of liquids, compressed gases, radioactive (e) Any matter referred to a Finance bonds, insurance, or other security, for materials, étiologie agents, and poison' ous substances, under provisions of toe Board which is assigned for the taking of the protection of the public, and section Explosives and Other Dangerous Article testimony at a public hearing shall be 403 (c)~and (d) with respect to the fur­ Act, 18 U.S.C. 831-835 and section 204W carried to a conclusion in accordance nishing by freight forwarders of bonds, Tuesday, A ugust 31, 1965 FEDERAL REGISTER 11195

(1), (2), (3), and (5) of Part n except tions for reconsideration of the finding ment, should he passed upon by the Vice provisions relating to the use of other of the State Commission that the public Chairman, and the Vice Chairman may governmental agencies and facilities for convenience and necessity require appli­ recall any matter from the Accounting the making of tests and experiments to cant’s proposed operations in interstate and Valuation Board. or foreign commerce are seasonably filed, be paid for by the Commission, which R e h e a r in g s a n d F u r t h e r P r o c e e d in g s have not involved the taking of testi­ not involving the taking of testimony mony at a public hearing or the sub­ at a public hearing before the Commis­ 8.1 For the proper and more conven­ mission of evidence by opposing parties sion or the submission of evidence to the ient dispatch of business, and to the in the form of affidavits. Commission by opposing parties in the ends of justice, the following regulations (e) Any matter referred to an Opera­ form of affidavits, with the right to des­ of the conduct of proceedings are adopt­ tions and Compliance Board which is ignate any such matter for hearing and ed (in addition to those governing the assigned for the taking of testimony at determination in accordance with the parties, as set out in the Rules of Prac­ a public hearing shall be carried to a General Rules of Practice where such tice) , in respect of rehearings, reconsid­ conclusion in accordance with the estab­ action is deemed necessary or desirable. erations, further hearings, and supple­ lished practices and assignment of work (2) Determination of issues, raised by mentary proceedings, as the result of of the Commission. the filing of protests or otherwise, con­ the filing of petitions by parties to the (f) Any Operations and Compliance cerning the interpretation and applica­ decisions, orders, or requirements of di­ Board may certify to an appropriate divi­ tion of the Deviation Rules, 49 CFR part visions of the Commission, individual sion any matter which in the Board’s 211 (20 P.R. 618, 4822), or as amended, Commissioners, hearing officers, or judgment should be passed on by that not involving the taking of testimony at boards of employees. division, or the Commission, and the an oral hearing or the submission of 8.2 In respect of all such matters, appropriate division may recall any mat­ evidence by opposing parties in the form petitions for reconsideration, reargu­ ter from a Operations and Compliance of affidavits, with the right to designate ment, or rehearing of any order, deci­ Board. any such matter for hearing and deter­ sion, or requirement of an individual 7.9 Special Permission Board. Spe­ mination in accordance with the General Commissioner as herein authorized, or cial permissions or other permissible Rules of Practice where such action is for rehearing, reargument, or reconsid­ waivers of rules regarding schedules of deemed necessary or desirable. eration of a decision, order or require­ rates, etc., under sections 6(3), 217(c), (c) Operating Rights Review Boards ment of an individual Commissioner or 218(a), 306(d), 306(e) and 405(d), in­ Nos. 1, 2, and 3. Determination of mat­ hearing officer which has become effec­ cluding authorization for the cancella­ ters (including entry of an order stay­ tive as an order of the Commission tion of suspended tariffs or schedules, ing the effective date of an order recom­ through absence of stay or exception, which have not involved the taking of mended by a hearing officer (other than shall be considered and disposed of by testimony at a public hearing or the sub­ a Commissioner), vacation of such stay the division (acting in an appellate ca­ mission of evidence by opposing parties order, and, where exceptions have been pacity and with administrative finality in the form of affidavits. The Board withdrawn, entry of an order making a within the meaning of § 1.101(g) of the may certify to Division 2 any matter recommended order effective) as re­ Rules of Practice) to which the general which, in the Board’s judgment, should ferred to the boards for consideration subject is referred, and if the general be passed upon by that division, and and disposition in proceedings under the subject has not been referred to a divi­ Division 2 may recall any matter from provisions of law set forth in Item 4.2 sion, then by the Commission. the Special Permission Board. hereof, in cases or types of cases specified 8.3 Petitions for rehearing, recon­ 7.10 Released Rates Board. Section from time to time by the Chairman of sideration or further hearing in respect 20(liy of Part I, section 219 of Part n Division 1, which have involved the tak­ of any order, decision, or requirement and section 413 of Part IV, so far as ing of testimony at a public hearing or of a division shall be considered and dis­ relating to applications for authorization the submission of evidence by the parties posed of by the division (acting as an ap­ to establish released rates and ratings in the form of affidavits. (See App. B for pellate division) as constituted at the which have not involved the taking of cases or types of cases specified by Chair­ time the petition is circulated for action; testimony at a public hearing or the sub­ man of Division 1.) provided, that in cases in respect of mission of evidence by opposing parties (d) Any matter referred .to an Op­ which it has been determined and an­ in the form of affidavits. The Board may erating Rights Board which is assigned nounced by the Commission that issues certify to Division 2 any matter which, for the taking of testimony at a public of general transportation importance in the Board’s judgment, should be hearing shall be carried to a conclusion are involved, such petition shall be con­ passed upon by that division, and Divi­ in accordance With the established prac­ sidered and disposed of by the Commis­ sion 2 may recall any matter from the tices and assignment of work of the sion. Released Rates Board. Commission. 8.4 Division 1 is hereby designated as 7.11 Operating Rights Boards— (a) (e) An Operating Rights Board may an appellate division to which applica­ Operating Rights Board No. 1. certify to Division 1 any matter which tions or petitions for reconsideration or (1) Determination of applications un­ in the Board’s judgment should be passed review, based on an allegation of error der sections 204(a) (4a), 206, 207, 208, on by that Division, or the Commission, on the merits, in whole or in part, of 209, 210, 211, 303(1), 309, 310, 410 (a) to and Division 1 may recall any matter any order, action, or requirement of the « inclusive, and 410 (h) and (i), re­ from an Operating Rights Board. Temporary Authorities Board under lating to the issuance of certificates of 7.12 Rates and Practices Review paragraphs (a) and (b) of Item 7.4, of public convenience and necessity and Board. Determination of matters in the Operations and Compliance Boards Permits to motor and water carriers, per­ proceedings under the provisions of law under paragraphs (a), (b ), and (c), of mits to freight forwarders, certificates of set forth in Item 4.3 hereof, in cases or Item 7.8, and of the Operating Rights exemption to single-state motor carriers, types of cases specified from time to time Boards and Operating Rights Review licenses to brokers, and dual operation by the Chairman of Division 2, which Boards under paragraphs (a ), (b ), and matters which have not involved the tak­ have involved (other than by the board) (c), of Item 7.11 shall be assigned or ing of testimony at a public hearing or the taking of testimony at a public hear­ referred for disposition (except as other­ he submission of evidence by opposing ing or the submissipn of evidence by op­ wise provided in Item 7.4(a)), and the Parties in the form of affidavits. posing parties in the form of affidavits. decisions or orders of the appellate divi­ Operating Rights Board No. 2. The board may certify to Division 2 any sion shall be administratively final and > Determination of issues, raised by matter which, in the board’s judgment, not subject to review by the Commis­ e filing of protests or otherwise, con­ should be passed upon by that division, sion. All other petitions seeking modi­ cerning applications by holders of intra- and Division 2 may recall any matter fication of any order, action, or require­ ment of any such Board, or supplemen­ s ate authorities for certificates of reg­ from the Rates and Practices Review Board. tary authority in the proceeding, shall istration to engage in operations in in- 7.13 Accounting and Valuation Board. be determined by the Board, whose order, erstate or foreign commerce under sec­ Determination of matters set forth in action, or requirement is sought to be tions 206(a) (6) and 206(a)(7), except Item6.3 (a), (b), (c), (d),and (k), The modified. 2nfif6\ applica*ions under section board may certify to the Vice Chairman 8.5 Division 2 is hereby designated as ut>(a) (6) in connection with which peti- any matter which, in the board’s judg­ an appellate division to which applica- No. 168---- 5 11196 NOTICES

tions or petitions for reconsideration or man. As to matters assigned to divisions main in effect as to disposition of cases review of any order, action, or require­ 1 , 2, and 3, the Director and three Deputy heretofore designated to said board. And it is further ordered, That this order ment of the Fourth Section Board under Directors of the Office of Proceedings shall be effective on March 1, 1965. Item 7.2, the Board of Suspension under shall report through the Chairman of Item 7.3, the Special Permission Board the respective divisions. All bureau D ated a t W ashington, D.C., this 19th day of under Item 7.9, the Released Rates Board heads shall report through the Vice February, AID. 1965. under Item 7.10, or the Rates and Prac­ Chairman. By the Commission, Commissioner Tuggle. Appendix A tices Review Board under Item 7.12, shall [ seal] Bertha F. Armes, be assigned or referred for consideration SPECIFICATION OF TYPES OF CASES IN RESPECT Acting Secretary, and action. When so acting, it shall OF WHICH DETERMINATIONS MAY BE MADE BY A ppendix B have all authority which the Board is THE FINANCE REVIEW BOARD specifications of types of cases i n respect authorized to exercise. Decisions or or­ Present: Kenneth. H. Tuggle, Commis­ ders of the appellate division- shall be OF WHICH DETERMINATIONS MAY BE MADE BT sioner, to whom the matters which are the THE OPERATING RIGHTS REVIEW BOARDS administratively final and jio t subject subject of this order have been assigned for to review by the Commission. I f a peti­ action. Present: Everett Hutchinson, Commission­ tion seeking reconsideration or review It appearing, that Item 7.6(d) of the Orga­ er, to whom the matters which are the sub­ of an order, action, or requirement of the nization Minutes of the Commission (26 F.R. ject of this order have been assigned for Rates and Practices Review Board is not 4773, 10991, and 12789) delegates to the F i­ action thereon. based on an allegation of error on the nance Review Board authority to determine It appearing, that Item 7.11(c) of the Or­ matters in proceedings under the provisions ganization Minutes of the Commission (26 merits, in whole or in part, such petition, of law set forth in Item 4.4 thereof in cases F.R. 4773, 10991; 27 F.R. 3830; 28 F.R. 198; or supplementary authority in such pro­ or types of cases specified from time to time 29 F.R. 3207) delegates to the Operating ceeding, shall be determined by that by the Chairman of Division 3 of the Com­ R ights Review Boards Nos. 1, 2, and 3 author­ Board, mission, which have involved (other than by ity to determine matters in proceedings sub­ 8.6 Division 3 is hereby designated as the board) the taking of testimony at a mitted for decision (other than those as­ an appellate division— public hearing or the submission of evidence signed to Operating Rights Boards Nos. 1 and (a) To which applications or petitions by opposing parties in the form of affidavits : 2 under § 7.11 (a ) and (b ) o f the Organiza­ It is ordered, That the following types of tion Minutes) under the provisions of law for reconsideration or review, based on cases, limited to those which have involved set forth in Item 4.2 thereof in cases or an allegation of error on the merits, in the taking of testimony at a public hearing classes o f cases specified from time to time by whole or in part, of any order, action, or the submission of evidence by opposing the Chairman of Division 1 of the Commis­ or requirement of the Transfer Board parties in the form of affidavits, are specified sion, which have involved the taking of testi­ under Item 7.5 (a ), or the Finance Boards in respect of which determinations may be m ony at a public hearing or the submission and the Finance Review Board under made by the said Finance Review Board: of evidence by the parties in the form of Items 7.6 (a), (b), (c), and (d), shall be (a) Proceedings under section 1 (18) to affidavits: It is ordered, T h at the follow ing types and assigned or referred for disposition, and (20), inclusive, relating to certificates of pub­ lic convenience and necessity; categories of cases, limited to those which the decisions or orders of the appellate (b) Proceedings under section 5(2) involv­ have involved the taking of testimony at a division shall not be subject to review ing (1) acquisition by a carrier by railroad public hearing or the submission of evidence by the Commission. All other petitions, of trackage rights over, or joint ownership by the parties in the form of affidavits, be, seeking modification of any order, ac­ in or Joint use of, any railroad line or lines and they are hereby, specified in respect of tion, or requirement of any such Board, owned by any other such carrier, (2) trans­ which determinations may be made by the actions which do not involve any carrier said Operating Rights Review Boards: or supplementary authority in the pro­ Proceedings arising under the provisions of ceeding, shall be determined by the whose operating revenues, in the last calendar year for which data are contained in the law set fo rth in Item 4.2 of the said Organiza­ Board, whose order, action, or require­ record, exceed $1 million, or (3) other trans­ tion Minutes, other than: ment is sought to be modified. actions which the Chairman of Division 3 Those proceedings in which a Commis­ (b) To which applications or peti­ finds to involve no issue requiring disposi­ sioner or a member of the Board has presided tions for reconsideration or review of any tion by Division 3 and designates for dispo­ at the hearing or has issued a report and order, action, or requirement of the sition by said board; recommended order. Railroad Safety and Service Board under (c) Proceedings under sections 207 and 209 Those proceedings orally argued before directly related to proceedings specified in Division 1.' Item 7.7 and the Explosives and Other Those proceedings which are considered to Dangerous Articles Board under Item paragraph (b) above; (d) Proceedings under section 20a (2) to be the relatively more important cases, in­ cluding those which appear to involve issues 7.8(d) shall be assigned or referred for (4), inclusive, and section 214, relating to of general transportation importance. disposition and. the decisions or orders securities; of the appellate division shall be admin­ (e) Proceedings under sections 212(b), Provided, however, That such specifications, istratively final and not be subject to 312, and 410(g), relating to the transfer of to the extent administered by the Section review by the Commission. certificates and permits: Provided, however, of Operating Rights, shall be applied and 8.7 Announcements of the staying or That the aforesaid specification shall be construed under the direction and supervi­ postponement of decisions, orders, or effective in respect to particular cases of the sion of the Chairman of Division 1. classes named on and after the date of serv­ It is further ordered, T h at this order va­ requirements of divisions, individual ice of a recommended order of a hearing ex­ cates arid supersedes the order entered herein Commissioners, or boards when petitions aminer or joint board, in such a case, or on Febru ary 27, 1964, as of the effective date for rehearing, reargument, or reconsid­ the effective date of this order, whichever hereof. eration are filed before such decisions, date is later: And provided further, T h at And it is further ordered, That this order orders, or requirements have become ef­ this specification shall not apply to (a) cases shall be effective as of the date hereof. which on the effective date hereof are under fective, will be made by the Secretary or Dated at Washington, D.C., this 12th day active consideration by Division 3, or (b ) any of January A.D. 1965. under his direction. case which has been consolidated for the 9.1 All heads of offices and bureaus purpose of an examiner’s report and recom­ By the Commission, Commissioner Hutch­ shall report to the Chairman. That will mended order with a case not delegated to inson. the said board. [ seal] B ertha F. Abmes, be done directly by the Managing Direc­ It is further ordered, That this order Acting Secretary. tor, General Counsel and Secretary, and supersedes the order entered herein on De­ by the Director of the Office of Proceed­ cember 20, 1961, as of the effective date here­ [F.R. Doc. 65-9198; Filed, Aug. 30, 1965: ings as to matters assigned to the Chair­ of, which prior order shall nevertheless re­ 8:45 a.m .] Tuesday, A ugust 31, 1965 FEDERAL REGISTER 11197

CUMULATIVE LIST OF CFR PARTS AFFECTED— AUGUST

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 August.

Page 3 CFR 7 CFR—Continued Pag^ 9 CFR—Continued Page P roclamations : 926 ______—______10981 P r o p o s e d R u l e s : 3664 ____ — 9855 927 ______9758,11169 91______10202,11106 3665 _ 9857 944______10184 203______—______10994 3666— ___ 10279 948—____— — 9674,10229,11132 3667 ______- 10281 980______10184,10834 10 CFR 3668 __ 10877 981— ____ 11133 31—______:______— , 9904,10947 3669 __ 11089 987______11100 32______9904,10947 P r o p o s e d R u l e s : Ex e c u t iv e O r d e r s : 993______9797,10880 Dec. 30, 1875 (revoked in part 999____ 10184 20— ______:______9953,10953 by PLO 3800)— .______11139 1063______, ______11021 40_____ 10203 July 2,1910 (vacated in part by 1070______11021 12 CFR PLO 3787) — ______10232 1078 __ 11022 •7—--— .______10981 Aug. 4, 1911 (revoked in part 1079 _____ 11023 13 _;______!______10981 by PLO 3792).___ .______,10233 1136______10023 14_------10982 Apr. 19, 1912 (revoked in part 1421______9877, 217______;______9978 by PLO 3778)______— 10194 10023, 10835, 10836, 10838, 10839, 541______10185 June 29,1917 (see PLO 3778) _ 10194 10936,10940. 545—__— ______10185 Apr. 17, 1926 (revoked in part 1425___ 9877 563-_____ 11133 by PLO 3766).______101901427_3______9759, 9800, 9904 570______9639,11100 1597 (revoked in part by PLO 1443— ____ —______9674,10840 P r o p o s e d R u l e s : 3771)______10192 1468______U______9801 545______— ______10248 6143 (modified by PLO 3782) _ 10194 1472—____ 9801 6276 (modified by PLO 3782) _ 10194 1488______10942,11133 13 CFR 6583 (modified by PLO 3782) _ 10194 P r o p o s e d R u l e s : 108______;______11024 7548 (revoked in EO 11239)___ 9671 29—______11174 120___ _- ______J 9813 10402 (superseded in part by 52______9776 123______—______— _____ 11028 EO 11239) ______9671 905—______11174 P r o p o s e d R u l e s : 10735 (See EO 11241) ______11129 911______9648 107______.______9958,11048 10984 (See EO 11241) ______11129 915______9648 121______9830,11048 11098 (See EO 11241)——____ 11129 927______—___ 10165,10992 14 CFR 11119 (See EO 11241)______11129 931 ______10108 11239 ------_— -----, 9671 932 ______10845 39------— _ 9624, 11240 ------9795 945—______10247 10154, 10155, 10284, 10285, 10947, 11241— — __— ______11129 9 4 6 „______;___ 10203 10982, 10983, 11028-11030, 11169 71------— ______9624, 5 CFR 948______10992,10993 980_____ 9649 9625, 9761, 9861, 9862, 9906, 9907, 213_------9673, 981— —— _____ 10114,10993 10024, 10087, 10155, 10285-10287, 9758,9874, 9875, 9903, 10094, 984------10905 10842, 10880-10883, 10948, 10983, 10153,10935, 11024,11131. 987—:.——______9924, 10984, 11030, 11031, 11091, 11134- 511------11024 10054,10247,11045-11047 11137,11170. 534------______11024 991______9650 73------■_------9762, 9907,10287,11031 fjjr------*------— ______9903 993------1H42 75------— ------10288 1005------9815,10953 91------10288 S t r — ------1|?| 1012—_____:___ — ______9925 95------9907 1030__— ______;____—_ 9829 97—;— -----—— ------_____—_ 9625, 7 CFR 1031_----- ______9829,10993 9802, 9863, 10024, 10088, 10883, 1032______I ______9829 11092. — ------—;------_ — _ 10829 121-— -----______10024 ------— ------____ 9977 1038—,______9829 1039______9829 129——------10288 SÌ------10935 208—------9762 ------— ------96731051___ 9829 1062— ______9829 233—_____------10949 2 0 1 '"""— ------— ------11131 320— ^___ ----- — ____ 10094,10155 201 ------______11167 1063— ______9829, 9946 1067____ 9829 385.— .__------10842 SJ-"-— ------9875 1204------?_w 4___ _ 9811 ------— ■---- — 10153 1070_------— __ 9829, 9946 1078—...... —____ 9829, 9946 P r o p o s e d R u l e s : ------10980 1------9955 ------— ------— ____ 9875,10283 1079------—_------9829, 9946 1097______9953 25---- ___------9776 S — ------, ------9758 39------_____ 10165,10299,10995 81; ------— —— ,------11167 1106------10859 1130— — -----:r_—______10247 61——— -----___ 10116 ------10183 71— ----— ------9648, lii::::::::::— — ------8 CFR 9829, 9884, 9955-9957, 9986, 9 0 Q “ — ■— ------y t ) i u 212—______-----______— ______10184 10054,10055,10117-10119,10296- on«---- â à n n ------10184 243------10945 10298,10908-10912,10953,10954, 910~ 9673, 7876’ 9977,10153>10879,11131 254---- „------v ____ 10945 10996-10998,11047, 11142-11147, ~— ------9623, 11178,11179. 9876, 9904, 10154, 10184, 10879, 9 CFR 73------9957 911 10935,11132,11169. 72------10840 91------9955,10116,11106 915 10833 78------10229,10946 221------10907 921 ------— — 10154,10880 131------11091 223— ------11178 925 9904 146------10283 241------10056 ------9623 355------10284 288------10995 11198 FÉDÉRAL REGISTER

14 CFR—Continued page 24 CFR—Continued Page 32A CFR Pa*e P roposed R ules—Continued 233 ______BDSA 10038 (Ch. V I) : 298______9986 234 ______10039 M-11A______— 10163 399______10056 603—______10039 608______— 10040 33 CFR 15 CFR 611______— _____ 10041 203______— 9765,10164,10293 200—______10094 702______10041 207-______9765 203___ 10097 803—______10042 36 CFR 205______9978 803a______10042 210______— 10155 7—------10230 809— ______10042 P r o p o s e d R u l e s : 215____—— ______9978 810— ______1004321— ____ 11141 373.______10097 903______— 10043 379______kik______10097 908______38 10044 CFR 385___— ______10097 1600——______—— ______— _ 10159 2______9814 399______—,____ 10602 13______—______9814 25 CFR 17 ______- ______10985 16 CFR 163______- ______9813 13__ 9978,10156-10158,10186,10187 221______39 CFR10044 P roposed R ules: 242______- 100984______10051 303___ 9958 P r o p o s e d R u l e s : 22______— ___11031 17 CFR 131—______9924 45______11031 230______—.______10883 46______11031 240______9878,10883,11137 26 CFR 94______— 10150 250______10883 1___ 9739 96______— ______10135,11173 260—______10883 19______—______9739 168______10985 48— ______—______- _____ 10189 270______- 10883 r o p o s e d u l e s 145______10100 P R : P roposed R ules: 22______- ______9695 249————— ______«11147 P r o p o s e d R u l e s : 1_____, ______9768,10988 4 1 CFR 18 CFR 301— ______10988 1- 1— 9766 260______11101 29 CFR I - 15— 9676 P roposed R ules: 5-10— 9767 141______9697 545______- ______11104 10293 681______;______— 11104 8- 1— 154______10058 9-15— 10950 697_____I;______— _____ 9880 157______—_ 10058 II- 6— 9979 780______— _____- ______9911 260______— 9697, 10058 101-11 10843 785—______—______9911 101-26-______— 11138 19 CFR 1601______- ______— — 9676 8— — ——— ___—„ — 11102 P r o p o s e d R u l e s : P r o p o s e d R u l e s : 50-202______— ______11106 1 8 „ ______— 9911 611______:___10114 21 CFR 694______10115 42 CFR 8 ______9764,10289 31 CFR 53__—______— ...... 9980 9 ______—______10289 9880 54— _____———______10885 73______17—______;_____ 9878,11171 93— ______— ______10885 27______— 10949 43 CFR 120 ______- 10187,10884 32 CFR P r o p o s e d R u l e s : 121 ______9639, 552______— ____ 10045 2236______10295 9878,9879, 10025, 10098, 10188, 564______-______9765 P u b l i c L a n d O r d e r s : 10985,11171. 701______- ______10971 309 (amended by PLO 3784) — 10195 141b______—„ —— ------10884 706______- ______11171 576 (revoked in part by PLO 146b______10884 707______- 11171 3768)______10191 148b______9879 713______— — 10886 724 (revoked in part by PLO 148i______9765,10159 719—______1______10971 N 3768) — ______— ____10191 P roposed R ules: 720______- ______- _____ 10971 795 (see PLO 3768) — ______10191 3______—______11140 726______797 10971 (revoked in part by PLO 15 ______11140 730______10886 3773) ______10193 16 ______11140 750______-____ 10971 1038 (revoked in part by PLO 17 ______- ______11140 751 ______-______10971 3788)______10233 18 ______11140 752 ______109711119 (revoked in part by PLO 27______j.______10054 756______109713788)______10233 42______10905,10907 804______;------10889 1135 (revoked in part by PLO 45______— 11140 824______- ______10045 3772)______- 10192 51______;_____— 10115 825a______— ------10289 1164 (revoked by PLO 3767)— 10191 121____ 11140 828______100451168 (revoked in part by PLO 125______1______11140 850______- ______10046 3774) ______10193 307______— 10202 852______4.______10047 1218 (revoked in part by PLO 887 ______10045 3788)_____1 _____ 10233 22 CFR 888 ______10046 1228 (revoked in part by PLO 41______10188 3797)_____:______: 10986 61______'______10229 1001-______- ______11036 1002 ______11037 1230 (revoked in part by PLO 208______-____ 10843 1003 ______11037 3788)______- 10233 24 CFR 1004 ______— — 11039 1344 (revoked in part by PLO 3— . 10027 1005 ______11039 3774) ______— ______10103 200_. 10027 1007______-__ 11040 1413 (revoked in part by PLO 202a. 10028 1C09______— 11040 3788)__ —— ______— — 10233 203- 10028 1013______143011040 (revoked in part by PLO 207- 10031 1030______11041 3774) _____- ______i _____10193 213- 10033 1053 ______11042 1495 (revoked in part by PLO 220- 10035 1054 ______11043 3772)__ ,______—— ______10102 - 10037 1057__ — ______— 11043 1510 (revoked in part by PLO 221 37g9)______10191 222- 10038 1453______9640 231- 10038 1631______11138 1571 (mVdifTed by” P L O 3780) - 10104 Tuesday, A ugust 31, 1965 FEDERAL REGISTER 11199

43 CFR— Continued Page 43 CFR—Continued Page 46 CFR—Continued Page P u b l ic L a n d O r d er s— Continued Public Land Orders— Continued 187------10904 1744 (revoked in part by PLO 3784 ------10195 308------10244 3774)______10193 3785 ------10195 360------x------10244 1769 (modified by PLO 3780) _ 10194 3786 ------^------10195 527------L ______9881 1851 (see PLO 3780)______10194 3787 ------10232 P r o p o s e d R u l e s : 1861 (amended by PLO 3784) _ 10195 3788 ------10233 290----- ______10054 1923 (revoked in part by PLO 3789 ------10233 502------11107 3789)------1______10233 3790 ______10233 2011 (see PLO 3784)______10195 3791 ------10233 47 CFR 2165 (revoked in part by PLO 3792 - 10233 1 --ji______9686, 9767, 9883, 10195 3774)______10193 3793__------10894 2 ------9883 2285 (revoked in part by PLO 3794------10894 73------9687,9690, 9693,10197 3774)------j ______10193 y 3795------10895 83------10293 2830 (revoked in part by PLO 3796 ______10895 P r o p o s e d R u l e s : 3788)___ 10233 3797 ------10986 2------9695, 9884, 10204, 10861 3163 (corrected by PLO 3798) _ 10987 3798 ------10987 21— .------*______10204 3668 (corrected by PLO 3786) _ 10195 3799 --— ------;______11138 73 ------9695-9697, 3736------9801 3800______11139 10204,10861,11047,11179. 3752______C_ 10052 3801_------11139 74 ------10204 3759 ______._ 9881 87------9695, 10204,10861 3760 ______9912 45 CFR 91------9884,10204 3761 ------10087 81____------1______10234 99______9884 3762 ______10164 104------10239 49 CFR 3763 ______10190 180.------9981,10163 3764 ------10190 181------10163 7------11103 3765 ------10190 801-----:___------9859, 95------10245 3766------___—_____ 10190 9913, 10052, 10844, 10987, 11104 182—,------_------11103 3767 ------10191 193------9881 3768 ------10191 46 CFR 195—-----. ------* ______11103 3769 ------: ------10191 P r o p o s e d R u l e s : 2------10896 160. 3770 ------10191 10------__ 10896 10120 3771 ------10192 25—------10240 50 CFR 3772 ______10192 57__------— :------10240 13------— _ 9640, 9767 3773 --- 10193 73------10897 28------9983, 10052 3774 ------10193 78__------10897 32 ------;------9694, 3775------;v______10193 92------— ------10897 9767, 9912, 10052, 10201, 10245, 3776 ------10193 97------10897 10294, 10987, 11032-11036, 11104 3777 ------10194 157------10897 33 ------_------— 11104 3778 ------10194 160 --- -___------¿s___\_ 10897 250-----—__ ;______9984 3779 ------_ 10194 161 ------10899 260------9643,10098 3780 ------10194 162------10240,10900,11139 262__------9644 3781 -- 10194 164------10903 P r o p o s e d R u l e s : 3782 ------10194 167------10903 32 ------10108 3783 ------ioi95 182__------_ 10243 33 ------10108

Latest Edition in the series of . . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES John F. Kennedy, 1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate­ rials released by the White House during the period January 1- November 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele­ vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc­ lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of" Freedom. A valuable reference source for scholars, reporters of current affairs 1007 Pages Price: and the events of history, historians, librarians, and Government Officials. ,.. Vi»■£>-'

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