FEDERAL REGISTER VOLUME 32 • NUMBER 235 Wednesday, December 6, 1967 • Washington, D.C. Pages 17463-17508

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Business and Defense Services Administration Civil Aeronautics Board Commodity Credit Corporation Comptroller of the Currency Consumer and Marketing Service Delaware River Basin Commission Federal Aviation Administration Federal Deposit Insurance Corporation Federal Maritime Com m ission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Housing and Urban Development Department Interior Department Internal Revenue Service International Commerce Bureau Interstate Commerce Commission Land Management Bureau Post Office Department Securities and Exchange Com m ission Small Business Administration Tariff Commission Transportation Department Treasury Department Detailed list of Contents appears inside. Current White House Releases

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

The Weekly Compilation of Presidential Documents Issues at the end. Cumulation of this index terminates began with the issue dated Monday, August 2, 1965. at the end of each quarter and begins anew with the It contains transcripts of the President’s news confer­ following issue. Semiannual and annual indexes are ences, messages to Congress, public speeches, remarks published separately. and statements, and other Presidential material released by the W hite House up to 5 p.m. of each Friday. The Weekly Compilation of Presidential Documents is This weekly service includes an Index of Contents sold to the public on a subscription basis. The price preceding the text and a Cumulative Index to Prior of individual copies varies.

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■ 7J 7J 1I7 D i l l D I 7 f ' , I t T E O Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or ■ I f f i l F 1 ^ I J L lf on the day after an official Federal holiday), by the Office of the Federal Register, Nations g Archives and Records Service, General Services Administration (mail address Nations one “ Archives Building, Washington, D.C. 20408), pursuant to the authority contained in t e Federal Register Act,approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B ), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the. President (1 CFR Ch. I ). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for Individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually boun d). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p F ederal R e g u la t io n s , which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code o p F ederal R e g u la t io n s is sold by the Superintenden Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. NS There are no restrictions on the republication of material appearing in the F ederal R egister or the Code o p F ederal R egulatio Contents agricultural stabilization FEDERAL AVIATION HEALTH, EDUCATION, AND an d conservation ADMINISTRATION . WELFARE DEPARTMENT SERVICE Rules and Regulations See Food and Drug Administra­ tion. Rules and Regulations Federal aid to airports; U.S. share of project costs in public land Cotton, upland; 1968 crop: states ______17471 HOUSING AND URBAN County projected yields; cor­ rection — ;------17467 Proposed Rule Making. DEVELOPMENT DEPARTMENT State reserves and comity allot­ Continental control area; control Notices ments; correction.------,------17467 zone upper limit______17488 Delegations and redelegations of Designation of applicable regula­ AGRICULTURE DEPARTMENT authority: tions for type certificates______17485 Assistant Secretary and Deputy See also Agricultural Stabilization Restricted area; proposed altera­ Assistant Secretary for Dem­ and Conservation Service; Com­ tion ______:______v______174138 onstrations and Intergovern- modity C re d it Corporation; Transport category airplanes; mental Relations______17496 Consumer and Marketing Serv­ fuel jettisoning systems------17487 Director and Deputy Director, ice. i Model Cities Administration- 17496 Notices FEDERAL DEPOSIT INSURANCE Regional Administrators and Entire Commonwealth of Puerto CORPORATION Deputy Administrators______17496 Rico; designation of area for Rules and Regulations emergency loans------— - 17495 Securities of insured state non­ INTERIOR DEPARTMENT member banks; definition of See also Fish and Wildlife Service; BUSINESS AND DEFENSE SERV­ beneficial ownership______17470 Food and Drug Administration. ICES ADMINISTRATION Rules and Regulations Notices FEDERAL MARITIME Administration of Alaska rail­ Decision on applications for duty­ COMMISSION roads; transfer of regulations to free entry of scientific arti­ Rules and Regulations Department of Transportation; cross reference______17480 cles: ‘.Jj Licensing of independent ocean California Institute of Tech- freight forwarders; duties and n o lo g y ______17495 obligations ______17480 INTERNAL REVENUE SERVICE Purdue University.______17495 Rules and Regulations FEDERAL POWER COMMISSION CIVIL AERONAUTICS BOARD Income tax; prepaid dues income Notices of certain membership organi­ Notices Hearings, etc.: zations; correction______17479 Hearings, etc..*> Electric Plant Boards of the Air carrier discussions.:______17497 Cities of Paducah, Hickman, ' INTERNATIONAL COMMERCE Viasa enforcement case______17497 Fulton and Princeton, Ky., BUREAU and Kentucky Utilities Co------17498 COMMERCE DEPARTMENT M arathon Oil Co., et al______17498 Rules and Regulations See Business and Defense Serv­ Export licensing of copper bearing ices Administration; Interna­ FEDERAL RESERVE SYSTEM scrap not commerically proc- tional Commerce Bureau. essable in U.S ______17471 Rules and Regulations COMMODITY CREDIT Securities of member state banks; INTERSTATE COMMERCE CORPORATION definition of beneficial owner­ COMMISSION Notices ship ______17469 Notices Sales of certain commodities; De­ FISH AND WILDLIFE SERVICE cember sales list______17491 Motor carrier: Rules and Regulations Alternate route d eviatio n notices ______:____ 17500 COMPTROLLER OF THE Moosehorn National W ild life Applications and certain other CURRENCY Service, Maine; sport fishing— 17481 proceedings ______17502 Rules and Regulations Temporary authority applica­ Ownership reports by certain per­ FOOD AND DRUG tions ______17501 sons; definition of beneficial ADMINISTRATION ownership ______17468 Rules and Regulations LAND MANAGEMENT BUREAU CONSUMER AND MARKETING Food additives; amprolium------17472 Rules and Regulations SERVICE Meprobamate; findings of fact Public land orders : and conclusions and final order Alaska (2 documents)___ 17479, 17480 Rules and Regulations regarding listing drug as subject N e v a d a ______17479 Raisins produced from grapes to control______*— 17473 O r e g o n ______17479 grown in California; schedule Pesticide chemicals; tolerances__ 17472 Notices °f Payments— ______* ______17467 Proposed Rule Making Colorado; notice of classification DELAWARE RIVER BASIN Peanut butter; definitions and of public lands for multiple-use standards of identity____------17482 m anagem ent______17490 COMMISSION Notices Procurement Agent (Purchasing Notices Unit) ; redelegation of author­ Chipman Chemical Co., Inc., no­ ity ______17491 Comprehensive plan; notice of tice of withdrawal of petition Public hearing— ______17497 regarding pesticides______17496 ( Continuée!, on next page) 17465 17466 CONTENTS

POST OFFICE DEPARTMENT SMALL BUSINESS TRANSPORTATION DEPARTMENT Rules and Regulations ADMINISTRATION See also Federal Aviation Ad­ Addresses; mailing list services— : 17479 California; declaration of disaster ministration. Code of ethical conduct; soliciting loan area ______— ___'_ 17499 Rules and Regulations or canvassing______17479 TARIFF COMMISSION Administration of Alaska rail­ Notices roads; transfer of regulations to General Counsel; delegation of Notices Department of Transportation. 17480 authority _____------17490 Paidar, Emil J., Co., and Koken Companies, Inc.; petition for TREASURY DEPARTMENT SECURITIES AND EXCHANGE determinations of eligibility to COMMISSION afiply for adjustment assist­ See also Comptroller of the Cur­ ance ______17500 rency; Internal Revenue Serv­ Notices ice. Hearings, etc.: Notices Lexington Research Investing Corp ______—— ------17498 Director o f.U .S . Secret Service; New England Electric System— 17499 delegation of authority------____ 17490

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

7 CFR 21 CFR 43 CFR 722 (2 documents)____— _ 17467 120— ______17472 P u b l ic L and O rders : 989______— ___ —— ------— 17467 121—- ______17472 "334 (revoked in part by PLO 4333) _ 17480 166—______— . 17473 1796 (revoked in part by PLO 12 CFR P roposed R u l e s : 4331)-______— — 17479 46— — _____ 17482 2764 (see PLO 4331)______17479 12______— ______- ____ 17468 4330______— 17479 206— :._____— ______— — ------17469 26 CFR 4331______—______17479 335_— ____ 17470 4332 ______17479 l — ____ 17479 4333 ______17480 14 CFR 39 CFR 151______— — — ______— 17471 46 CFR 17479 123______510______17480 P roposed R u l e s : 7 4 2 „ ______17479 21 ______17485 49 CFR 25 — ______— 17487 71______17488 890______17480 17480 73— ______:______— 17488 1200____ 15 CFR 50 CFR 17481 373______17471 33____ — 17467 Rules and Regulations

(32 F.R. 14896) regarding a proposal to (3) Packer’s obligations. Immediately Title 7— AGRICULTURE amend Subpart— Administrative Rules upon a packer’s receiving any such al­ and Regulations and Subpart— Schedule ready inspected dehydrated raisins Chapter VII— Agricultural Stabiliza­ of Payments. The proposal was based, in accompanied by the applicable memoran­ tion and Conservation Service (Agri­ part, on a proposal recommended by the dum report of inspection, the packer cultural Adjustment), Department of Raisin Administrative Qommittee. These shall give to the inspector at the packer’s Agriculture subparts are operative pursuant to the inspection point where the dehydrated marketing agreement, as amended, and raisins were received, the original and SUBCHAPTER B— FARM MARKETING QUOTAS Order No. 989, as amended (7 CFR Part one copy of such memorandum report AND ACREAGE ALLOTMENTS 989; 32 F.R. 12157, 12555, 12710), regu­ » so that the inspector may enter the net PART 722— COTTON lating the handling of raisins produced weight and scale ticket number on such from grapes grown in California, effec­ memorandum report of inspection and Subpart— 1968 Crop of Upland Cot­ tive under the Agricultural Marketing copy thereof. Whenever a packer receives ton; Acreage Allotments and Mar­ Agreement Act of 1937, as amended (7 off-grade raisins from an authorized keting Quotas U.S.C. 601-674), hereinafter referred to dehydrator he shall so advise the inspec­ as the “act”. te rat the packer’s inspection point at the S tate R eserves and C o u n t y The notice afforded interested persons time of such receipt; and such raisins A l l o t m e n t s opportunity to submit written data, shall not be unloaded except in the pres- Correction views, or arguments with respect to the ' enee of the inspector or in accordance In P.R. Doc. 67-13694 appearing at proposal. None were submitted within the with such prior arrangements as may page 16185 in the issue of Tuesday, No­ time prescribed therefor. have been made between the packer and vember 28, 1967, the following correc­ The amendment: ( 1) Revises subpara­ the inspection service. tions are made: graph (3) of § 989.158(e) so as to pro­ (f ) Inspection of raisins at coopera­ 1. On page 16190, the entry for Panola vide that the inspector (of the inspection tive bargaining association’s receiving County, Miss., in column 3 which reads service), rather than the receiving pack­ station— ( l ) Application and agreement. “4,618” should read “4,018”. er, may enter the net weight of the (i) In accordance with the provisions of 2. On page 16194, the entry for Robert­ raisins and the scale ticket number on this paragraph, any cooperative bargain­ son County, Tex., in column 4 which the applicable memorandum report of ing association may submit to the Com­ reads “24,515” should read “24,615”. inspection; ( 2) adds a new paragraph, mittee for approval, and the Committee paragraph (f), in § 989.158 providing may approve, an application and agree­ rules and procedures whereby a handler ment, on a form furnished by the Com­ PART 722— COTTON may receive, without reinspection, nat­ mittee, providing that where the asso­ Subpart— 1968 Crop of Upland Cot­ ural condition raisins that had been in­ ciation receives from individual produc­ ton; Acreage Allotments and Mar­ spected at a receiving station of a co­ ers lots of natural condition raisins at keting Quotas operative bargaining association; and any of its receiving points and the raisins (3) revises paragraph (c) of § 989.401 by are inspected and stored consistent with Co u n t y P rojected Y ield s increasing the rate of rental payment such application and agreement, such for the use of boxes and other containers lots shall be eligible for delivery to hand-- Correction in which reserve tonnage raisins are held lers, pursuant to subparagraph (3) of In P.R. Doc. 67-13695 appearing at foy the account of the Committee beyond this paragraph, without reinspection. Any page 16195 in the issue of Tuesday, No­ the crop year of acquisition. raisins which upon inspection by the in­ vember 28, 1967, the following correc­ After consideration of all relevant mat­ spection service do not meet the appli­ tions are made: ter presented, including that in the no­ cable grade and condition standards shall 1. On page 16196, the entry under tice, the information and recommenda­ be identified immediately following in­ California now reading “Tulane” should tion submitted by the Raisin Adminis­ spection and kept separate and apart read “Tulare”. trative Committee, and other available from any other raisins in the associa­ 2. On page 16197, the entry under information, it is hereby found that the tion’s possession. North Carolina now reading “Edgecomb” amendment, as hereinafter set forth, of (2) Terms and conditions. The provi­ should read “Edgecombe” and the entry Subpart— Administrative Rules and Reg­ sions of such application and agreement now reading “Pamilco” should read ulations and of Subpart— Schedule of shall include at least the following terms ‘Pamlico”. Payments, is in accordance with this part and conditions: ( 3. Under Oklahoma on page 16197 and will tend to effectuate the declared (i) That the association shall, prior ‘Pushmataha _____ „ 293” should be policy of the act. deleted. to delivery of any raisins to handlers, ar­ Therefore, Subpart—Administrative range for inspection services at the asso­ Chapter IX— Consumer and Market­ Rules and Regulations (7 CFR 989.101 ciation’s receiving station (s), and cause to 989.176) and Subpart— Schedule of to be submitted to the Committee a state­ ing Service (Marketing Agreements Payments (7 CFR 989.401) are hereby ment by the inspection service of such and Orders; Fruits, Vegetables, amended as follows : arrangement and of the association’s Nuts), Department of Agriculture having adequate laboratory and other S ubpar t—A dministrative R u l e s and facilities for such services available at PART 989— RAISINS PRODUCED R e g u l a t io n s the association’s receiving station(s). FROM GRAPES GROWN IN CALI­ 1. In § 989.158, subparagraph (3) of (ii) That the association shall main­ FORNIA paragraph (e) is revised, and a new para­ tain such facilities satisfactory to the Subpart— Administrative Rules and graph, paragraph (f), is added, to read: inspection service. Regulations (iii) That the association shall request § 989.158 "Natural condition raisins. inspection of each lot of raisins immedi­ Subpart— Schedule of Payments ***** ately upon physical arrival thereof at the M iscellaneous A m e n d m e n t s (e) Inspection of raisins on dehydra­association’s receiving station(s), and 27^0«^ was Published in the October tor’s premises. shall provide the inspector with any as­ ederal egister 1 ia°7, issue of the F R * * * * * sistance necessary in the inspection of

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17468 RULES AND REGULATIONS such raisins, including the movement of sentatives, to have access to the premises serve tonnage raisins are held for the individual containers. of the association’s receiving station(s) account of the Committee on September (iv) That the association shall fumi­to inspect such premises and any raisins 1 of any crop year (commencing with the gate all raisins received at the associa­ thereon and any and all records with crop year beginning Sept. 1,1967) which tion’s receiving station(s) as necessary respect to the association’s receipts, were also so held on August 15 of the to assure that the raisins are free from holdings and dispositions of raisins. preceding crop year (but with respect to active infestation and maintain them as (xii) That upon approval of the ap­ the 1966-67 crop year, held as surplus such while on such premises, and that plication and agreement, the Committee tonnage), shall be compensated for the fumigation shall be performed to the will notify handlers of such approval use of such boxes at the rate of 30 cents satisfaction of the inspection service. and that eligible lots of inspected raisins per average net weight of raisins in a November 30, 1967, to become of inspected raisins for delivery to any handler, the handler shall comply with effective upon publication in the Fed­ handler’s inspection point, of a mem­ all applicable requirements and proce­ eral R eg ister . orandum report of inspection covering dures of this part, including, but not such lot. limited to, the inspection prescribed in P a u l A. N ic h o lso n , § 989.59 and that required, as prescribed (viii) That the association shall Deputy Director, in § 989.58(d), prior to the handler ac­ deliver to the handler at the time of Fruit and Vegetable Division. quiring reconditioned raisins. Immedi­ receipt of any such lot of eligible raisins [F.R. Doc. 67-14200; Filed, Dec. 5, 1967; ately upon a handler receiving any such at the handler’s inspection point the 8:47 a.m.] raisins accompanied by the applicable original and one copy of the inspection memorandum report of inspection, the service’s related memorandum report of handler shall give to the inspector at the inspection; and such original and copy handler’s inspection point where such shall accompany the shipment of such Title 12— BANKS AND BANKING raisins are received, the original and one lot from the premises of the association’s copy of the memorandum report so that Chapter I— Bureau of the Comptroller receiving station (s) to the handler’s in­ the inspector may enter the net weight of the Currency, Department of the spection point. and scale ticket number on such memo­ Treasury (ix) That the association shall main­ randum report of inspection and copy tain complete records of the receipt, thereof. PART 12— OWNERSHIP REPORTS BY holding and disposition of each lot of CERTAIN PERSONS raisins and retain such records for at S ubpar t—S c h e d u le o f P a y m e n t s least 2 years after the crop year in which 2. Paragraph (c) of § 989.401 is re­ Definition of Beneficial Ownership such transactions occurred. vised to read: On October 7, 1967, a notice of pro­ (x) That the association shall file promptly with the Committee certified §989.401 Payment for services per­ posed rule making was published in the reports showing such information as the formed with respect to reserve ton­ F ederal R egister (32 F.R. 195) Per nage raisins. Committee may request relative to the mitting interested persons 30 days o * * * * * association’s receipts, holdings, and dis­ comment on the provisions contain positions of raisins. (c) Payment of rental on boxes con­therein. In such notice, the Comptro er ( xi > That the association shall permit taining reserve tonnage raisins held be­ of the Currency proposed an addition the Committee, the inspection service, yond the crop year of acquisition. Each Part 12 of the regulation relating to tn and the Secretary pf Agriculture, handler, producer, dehydrator, and other through their duly authorized repre- person who furnishes boxes in which re­ definition of “beneficiad ownership.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 RULES AND REGULATIONS 17469

More than 30 days have elapsed since the bank, (ii) shall provide a specifically (i) If the proposal is impossible to ac­ the publication of the notice and this designated blank space for dating the complish or, under applicable law, is not Office has reviewed and considered in de­ proxy, and (iii) shall identify clearly and a proper subject for action by security tail all comments received. Accordingly, impartially each matter or group of re­ holders; or the amendment set forth below is hereby lated matters intended to be acted upon, (ii) If the proposal consists of a rec­ adopted in final form, effective December whether proposed by the management or ommendation or request that the man­ 31,1967. by security holders. No reference need be agement take action with respect to a Chapter I, Title 12, of the Code of made, however, to proposals as to which matter relating to the conduct of the Federal Regulations is amended by the discretionary authority is conferred pur­ ordinary business operations of the addition of § 12.2 (e) as follows: . suant to subparagraph (3) of this bank; or paragraph. § 12.2 ' Definitions. (iii) If it appears that the proposal is * * ❖ * * submitted by the security holder prin­ * * * * * (3) A proxy may confer discretionary cipally for the purpose of enforcing a - (e) The terms “beneficial ownership,” authority with respect to other matters personal claim or redressing a personal “beneficially owned,” and the like, when that may come before the meeting, if (i) grievance against the bank or its man­ used with respect to the reporting of the persons on whose behalf the solicita­ agement, or principally for the purpose ownership of the bank’s equity securities tion is made are not aware a reasonable of promoting general economic, politi­ in any statement or report required by time prior to the time the solicitation is cal, racial, religious, social, or similar Parts 10 through 18 of this chapter, shall made that any such other matters are to causes; or include, in addition to direct and indirect be presented for action at the meeting (iv) If the management has at the beneficial ownership by the reporting and (ii) a specific statement to that security holder’s request included a pro­ person, ownership of such securities ( 1) effect, except with respect to proposals posal in its proxy statement and form of by the spouse (except where legally omitted pursuant to paragraph (k) of proxy relating to either of the two pre­ separated) and minor children of such this section for which discretionary au­ ceding annual meetings of security hold­ reporting person, and ( 2) by any other thority may also be conferred, is made in ers or any special meeting held subse­ relative of the reporting person who has the proxy statement or form of proxy. quent to the earlier of such two annual the same home as such person. meetings, and such security holder has Dated: November 28, 1967. failed without good cause to present the (k) Proposals of security holders. ( l ) proposal, in person- or by proxy, for ac­ [ seal] W il l ia m B. C a m p , If any security holder entitled to vote at tion at the meeting; or Comptroller of the Currency. a meeting of security holders of the bank (v) If substantially the same proposal shall submit to the management of the [F.R. Doc. 67-14216; Piled, Dec. 5, 1967; has previously been submitted to secu­ 8:48 a.m.] bank, within the time hereinafter speci­ rity holders in the management’s proxy fied, a proposal which is accompanied statement and form of proxy relating to by notice of his intention to present the any meeting of security holders held Chapter II— Federal Reserve System proposal for action at the meeting, the within the preceding 5 calendar years, management shall set forth the proposal it may be omitted from the proxy state­ SUBCHAPTER A— BOARD OF GOVERNORS OF in its proxy statement and shall identify ment relating to any meeting of security THE FEDERAL RESERVE SYSTEM it in its form of proxy and provide means holders held within the 3 calendar years [Reg. F] by which security holders can approve after the latest such previous submis­ or disapprove the proposal. Thè man­ PART 206— SECURITIES OF MEMBER sion; Provided, That (a) if the proposal agement of the bank shall not be re­ was submitted at only one meeting dur­ STATE BANKS quired by this section to include the ing such preceding period, it received proposal in its proxy statement for an less than 5 percent of the total number Beneficial Ownership; Minority annual meeting unless the proposal is Stockholder Proposals of votes cast in regard thereto, or (b) submitted to management not less than if the proposal was submitted at only two 1. Effective December 31, 1967, § 206.2 60 days in advance of a day correspond­ meetings during such preceding period, is amended by adding the following ing to the first date on which the man­ it received at the time of its second sub­ paragraph: agement’s Statement was released to mission less than 10 percent of the total security holders in connection with the § 206.2 Definitions. number of votes cast in regard thereto, preceding annual meeting of security or (c) if the proposal was submitted at * * * * * holders. A proposal to be presented at three or more meetings during such pe­ (ff) The terms “beneficial ownership,” any other meeting shall be submitted to riod, it received at the time of its latest “beneficially owned,” and the like, whèn the management of the bank a reason­ submission lèss than 20 percent of the used with respect to the reporting of able time before the solicitation is made. total number of votes cast in regard ownership of the bank’s equity securities This paragraph (k) shall not apply, how­ thereto; or in any statement or report required by ever, to elections to office. (vi) If, prior to the receipt of such this part, shall include, in addition to (2) If the management opposes the proposal, substantially the same pro­ direct and indirect beneficial ownership proposal, it shall also, at the written re­ posal has been received by the manage­ by the reporting person, ownership of quest of the security holder, include in ment from another security holder and such securities ( 1) by the spouse (except the proxy statement (i) the name and is to be included in the bank’s proxy so­ where legally separated) and minor chil­ address of the security holder, or a state­ liciting material. dren of such reporting person, and ( 2) ment that such name and address will (4) Whenever the management as­ by any other relative oif the reporting be furnished upon request, and (ii) a serts that a proposal and any statement Person who has the same home as such statement of the security holder (which in support thereof may properly be Person. shall not include such name and address) omitted from the proxy statement and . 2. Effective December 31, 1967, § 206.5 of not more than 100 words in support form of proxy, it shall file with the n ,amended ky revising paragraph (d) of the proposal. The statement and re­ Board, not later than 20 days prior „ and (3) and adding paragraph (k) quest of the security holder shall be fur­ to the date the preliminary copies of the us set forth below: nished to the management at the same proxy statement and form of proxy are time that the proposal is furnished. §206.5 Proxies, proxy statements, and filed pursuant to paragraph (f) ( 1) of Neither the management nor the bank this section or such shorter period prior statement's where management does shall be responsible for such statement. not solicit proxies. to such date as the Board may per­ (3) Notwithstanding subparagraphs mit, a copy of the proposal and any state­ ( 1) and ( 2) of this paragraph, the man­ ment in support thereof as received from Requirements as to proxy. (1) T agement may omit a proposal and any the security holder, together with a f s proxy shall indicate in bol statement in support thereof from its statement of the reasons why the man­ sniinu i e w ither or not the proxy proxy statement and form of proxy un­ agement deems such omission to be ned on behalf of the management der any of the following circumstances: proper in the particular case, and, where

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17470 RULES AND REGULATIONS such reasons are based on matters of include a provision relating to inclusion (k) of this section for which discre­ law, a supporting opinion of counsel. of minority stockholder proposals in tionary authority may also be conferred, The management shall at the same time, banks’ proxy soliciting material. is made in the proxy statement or in the if it has not already done so, notify the Reporting of beneficial ownership of form of proxy. security holder submitting the proposal bank securities is presently required in * * * * * of its intention to omit the proposal from registration statements, proxy state­ (k ) Proposals of security holders. (1) its proxy statement and shall forward to ments, and reports by “insiders” detail­ If any security holder entitled to vote at him a copy of the statement of the rea­ ing securities transactions; the amend­ a meeting of security holders of the bank sons why the management deems the ment does not change these requirements shall submit to the management of the omission of the proposal to be proper but is designed to achieve greater uni­ bank, within the time hereinafter speci­ and a copy of such supporting opinion formity in such reporting. The other fied, a proposal which is accompanied by of counsel. m ajor amendment is believed to be in notice of his intention to present the 3. Notice of proposed rule making withthe public interest by providing require­ proposal for action at the meeting, the respect to these amendments was pub­ ments for management presentation of management shall set forth the pro­ lished, together with an explanation of minority stockholder proposals in banks’ posal in its proxy statement and shall their purpose, in the F ederal R egister proxy soliciting material, if submitted to identify it in its form of proxy and pro­ of October 7, 1967 (32 F.R. 13984). The management within a specified period vide means by which security holders Board took its action fallowing consid­ prior to a stockholders meeting, but with can approve or disapprove the proposal. eration of all relevant matter that was proper safeguards to protect manage­ The management of the bank shall not presented by interested persons. The ment against undue demands. be required by this section to include the amendments as adopted are identical Effective December 31, 1967, Part 335 proposal in its proxy statement for an with the amendments as proposed. is amended as follows; annual meeting unless the proposal is 1. Amend § 335.2 by adding § 335.2 (ff) submitted to management not less than Dated at Washington, D.C., this 29th immediately following § 335.2(ee) to 60 days in advancé of a day correspond­ day of November 1967. read as follows: ing to the first date on which the man­ By order of the Board of Governors. agement’s statement was released to § 335.2 Definitions. security holders in connection with the [ s e a l ] M erritt S h e r m a n , * * * * 4« preceding annual meeting of security Secretary. (ff) The terms “beneficial owner­ holders. A proposal to be presented at [F.R. Doc. 67-14132; Filed, Dec. 5, 1967; ship,” “beneficially owned,” and the any other meeting shall be submitted to 8:45 a.m.] like, when used with respect to the re­ the management of the bank a reason­ porting of ownership of the bank’s able time before the solicitation is made. equity securities in any statement or This paragraph (k ) shall not apply, Chapter III— Federal Deposit report required by this regulation, shall however, to elections to .office. Insurance Corporation include, in addition to direct and indirect (2) If the management opposes the beneficial ownership by the reporting proposal, it shall also, at the written re­ SUBCHAPTER B— REGULATIONS AND STATE­ person, ownership of such securities ( 1) quest of the security holder, include in MENTS OF GENERAL POLICY by the spouse (except where legally sep­ the proxy statement (i). the name and PART 335— SECURITIES OF INSURED arated) and minor children of such address of the security holder, or a state­ STATE NONMEMBER BANKS reporting person, and ( 2) by any other ment that such name and address will relative of the reporting person who has be furnished upon request, and (ii) a On October 7, 1967, a notice of pro­ the same home as such person. statement of the security holder, which posed rule making was published in the 2. Amend § 335.5(d) (1) and (3) and shall not include such name and address, F ederal R eg ister (32 F.R. 13982) stat­ add a new paragraph (k) to read as of not more than 100 words in support ing that the Board of Directors of the follows : of the proposal. The statement and re­ Federal Deposit Insurance Corporation quest of the security holder shall be fur­ was considering the amendment of Part § 335.5 Proxies, proxy statements, and nished to the management at the same 335 of its rules and regulations. Inter­ statements where management does time that the proposal is furnished. not solicit proxies. ested parties were afforded an oppor­ Neither the management nor the bank tunity to participate in the rule making * * * * * shall be responsible for such statement. through the submission of comments (d) Requirements as to proxy. (1) (3) Notwithstanding subparagraphs within 30 days from the date of publi­ The form of proxy (i) shall indicate in ( 1) and ( 2) of this paragraph, the man­ cation in the F ederal R e g ist e r . After boldface type whether or not the proxy agement may omit a proposal and any consideration of all such relevant ma­ is solicited on behalf of the management statement in support thereof from its terial as was submitted by interested per­ of the bank, (ii) shall provide a specifi­ proxy statement and form of proxy un­ sons, the amendments as proposed are cally designated blank space for dating der any of the following circumstances: hereby adopted as set forth below. proxy, and (iii) shall identify clearly and (i) If the proposal is impossible to ac­ Part 335, which became effective Jan­ impartially each matter or group of re­ complish or, under applicable law, is not uary 1, 1965, was promulgated under the lated matters intended to be acted upon, a proper subject for action by security authority of Public Law 88-467 of the whether proposed by the management holders; or 88th Congress, 2d session, approved A ug­ or by security holders. No reference need (ii) If the proposal consists of a rec­ ust 20, 1964, which provides that the be made, however, to matters as to which ommendation or request that the man­ powers, functions, and duties vested in discretionary authority is conferred pur­ agement take action with respect to * the Securities and Exchange Commis­ suant to subparagraph (3) of this matter relating to the conduct of the sion to administer and enforce sections paragraph. ordinary business operations of the bank; 12, 13, 14(a), 14(c), and 16 of the Secur­ * * * * * or ities Exchange Act of 1934 be vested in (3) A proxy may confer discretionary (iii) If it appears that the proposal is the Federal Deposit Insurance Corpora­ authority with respect to other matters submitted by the security holder prin­ tion with respect to securities issued by that may come before the meeting, if cipally for the purpose of enforcing a insured State banks which are not mem­ (i) the persons on whose behalf the personal claim or redressing a person bers of the Federal Reserve System. solicitation is made are not aware a grievance against the bank or its man­ The purpose of the new amendments reasonable time prior to the time the agement, or principally for the pmP is (a) to clarify the meaning of the term of promoting general economic, P°llU ’ solicitation is made that any such other “beneficial ownership” as it relates to racial, religious, social, or similar cau . the reporting of ownership of bank stock matters are to be presented for action at held by family members or relatives who the meeting and (ii) a specific statement (iv) If the management h&s at reside in the homes of directors, officers, to that effect, except with respect to security holder’s request included a p and principal stockholders and (b) to proposals omitted pursuant to paragraph posal in its proxy statement and for

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 RULES AND REGULATIONS 17471 proxy relating to either of the two pre­ (Secs. 1-15, 17-21, Federal Airport Act; 49 ceding annual meetings of security hold­ Title 14— AERONAUTICS AND U.S.C. 1101-1114 and 1116-1120) ers or any special meeting held subse­ Issued in Washington, D.C. on Novem­ quent to the earlier of such two annual SPACE ber 29, 1967. meetings, and such security holder has Chapter I— Federal Aviation Admin­ W il l ia m F. M cK e e , failed without good cause to present the Administrator. proposal, in person or by proxy, for ac­ istration, Department of Trans­ tion at the meeting; or portation [F.R. Doc. 67-14195; Filed, Dec. 5, 1967; 8:46 a.m.] (v) If substantially the same proposal [Docket No. 8561; Amdt. 151-20] has previously been submitted to security holders in the management’s proxy state­ PART 151— FEDERAL AID TO ment and form of proxy relating to any AIRPORTS meeting of security holders held within Title 15— COMMERCE AND the preceding 5 calendar years, it may U.S. Share of Project Costs in Public be omitted from the proxy statement re­ Land States FOREIGN TRADE lating to any meeting of security hold­ The purpose of this amendment to Part Chapter III— Bureau of International ers held within the 3 calendar years after 151 of the Federal Aviation Regulations Commerce, Department of Com­ the latest such previous submission : Pro­ is to revise the table of percentages in vided, That (a) if the proposal was sub­ § 151.43(c) that states the U.S. share of merce mitted at only one meeting during such project costs in public land States. SUBCHAPTER B— EXPORT REGULATIONS preceding period, it received less than 5 Section 10(b) of the Federal Airport [10 Gen. Rev. of Export Regs., Admt. 42] percent of the total number of votes cast Act (49 U.S.C. 1109(b)) provides: “In in regard thereto, or (b ) if the proposal the case of any State containing unap­ PART 373— LIC EN SIN G POLICING was submitted at only two meetings dur­ propriated and unreserved public lands AND RELATED SPECIAL PROVI­ ing such preceding period, it received at and nontaxable Indian lands (individual SIONS the time of its second submission less and tribal) exceeding 5 per centum of than 10 percent of the total number of the total area of all lands therein, the Export Licensing of Copper-Bearing votes cast in regard thereto, or (c) if the U.S. share under subsection (a) shall be Scrap Not Commercially Process- proposal was submitted at three or more increased by whichever is the smaller able in the United States meetings during such period, it received of the following percentages thereof: ( 1) at the time of its latest submission less 25 per centum, or (2) a percentage equal Part 373 of Title 15 of the Code of Fed­ than 20 percent of the total number of to one-half the percentage that the area eral Regulations is amended as set forth votes cast in regard thereto; or of all such lands in such State is of its below. (vi) If, prior to the receipt of such total area.” The percentages for those (Sec. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. proposal, substantially the same proposal States are now stated in § 151.43(c). 10945, 26 F.R. 4487, 3 CFR 1959-63 Comp.; has been received by the management Based on information received from E.O. 11038, 27 F.R. 7003, 3 CFR 1959-63 from another security holder and is to the Department of the Interior, the FAA Comp.) be included in the bank’s proxy soliciting periodically redetermines the percentages Effective date. December 1,1967. material. in § 151.43(c) (see Arndts. 151-2, 151-10, (4) Whenever the management assertsand 151-16). The FAA is amending R auer H . M e y e r , that a proposal and any statement in § 151.43(c) to reflect the most recent D e­ Director, support thereof may properly be omitted partment of Interior information. The Office of Export Control. from the proxy statement and form of amendment increases the percentages for Purpose and effect. The Export Regu­ proxy, it shall file with the Corporation, Colorado and Utah, decreases the per­ lations are revised to provide that appli­ not later than 20 days prior to the date centages for Arizona, Idaho, Montana, cations for licenses to export copper the preliminary copies of the proxy state­ New Mexico, Washington, and Wyo­ bearing scrap that cannot be processed ment and form of proxy are filed pur­ ming, and leaves the percentages for in the United States for technological or suant to paragraph (f )( 1) of this sec­ Alaska, California, Nevada, Oregon, and economic reasons, or because of the non­ tion or such shorter period prior to such South Dakota unchanged. availability of custom smelting facilities date as the Corporation may permit, a Since this amendment relates to public due to strike conditions in the domestic copy of the proposal and any statement grants, benefits, and contracts, it is ex­ copper industry, may be approved with­ in support thereof as received from the cepted from the procedural and effective out being charged to the copper export date provisions of section 553 of Title 5, security holder, together with a state­ quota. United States Code. Therefore, it may be ment of the reasons why the manage­ An applicant for an export license made effective upon publication in the may be authorized to export all of his ment deems such omission to be proper F ederal R eg ister . copper bearing scrap if it cannot be proc­ in the particular case, and, where such In consideration of the foregoing, ef­ essed in the United States for techno­ reasons are based on matters of law, a fective December 6, 1967, Part 151 of the logical or economic reasons not related supporting opinion of counsel. The man­ Federal Aviation Regulations is amended to the strike. by amending § 151.43(c) to read as agement shall at the same time, if it has An applicant whose copper bearing follows: uot already done so, notify the security scrap of types normally processed by § 151.43 U.S. share of project costs. custom smelting facilities cannot be holder submitting the proposal of its * * * * * processed in the United States because intention to omit the proposal from its (c) The U.S. share of the costs of anof the nonavailability of custom smelt­ Proxy statement and shall forward to approved project for airport develop­ ing facilities due to strike conditions may him a copy of the statement of the rea­ ment in a State in which the unap­ be authorized to export 100 percent of sons why the management deems the propriated and unreserved public lands his stock of such scrap if the refined omission of the proposal to be proper and nontaxable Indian lands (individ­ copper derived therefrom, or an equiva­ and a copy of such supporting opinion ual and tribal) is more than 5 percent of lent amount of refined copper, will be imported into the United States for of counsel. its total land, is the percentage set forth in the following table: consumption. If such exports of copper Dated this 27th day of November 1967. bearing scrap will not result in the im­ State Percent State Percent port of refined copper into the United ederal e p o sit n s u r a n c e Alaska ______62. 50 F D I New Mexico__56. 28 States for consumption, an applicant Arizona _____ 60. 99 O reg o n ______55. 64 C o r po r a t io n , may be authorized to export as much •.seal] e . P. D o w n e y , California ___ 53. 63 South Dakota- 52. 55 as 80 percent of his inventory of copper­ Secretary. Colorado ____ 53.36 Utah _ 61. 00 Idaho ______55. 84 Washington _ 51.52 bearing scrap as of October 31, 1967 and lpR. Doc. 67-14057; Piled, Dec. 5, 1967; Montana 53.01 W y om in g____ 57. 09 80 percent* of his receipts of this com­ 8:45 a.m.] N e v a d a ______62. 50 modity during each month thereafter.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 No. 235- 2 17472 RULES AND REGULATIONS

It is required that such an applicant for­ strike conditions there are no domestic cus- useful for the purposes for which the ward to the Office of Export Control a itom smelting facilities available for the tolerance is being established. processing of these commodities. report of his stock levels as of October 31, Based on consideration given the data 1967 and a report of his receipts of cop­ (b ) Where an application covers com­ submitted in the petition, and other per-bearing scrap during each month modities to be exported under the pro­ relevant material, the Commissioner of thereafter. visions of this subdivision that it will be Food and Drugs concludes that the N o t e : The reporting requirements con­ smelted and refined abroad and the re­ tolerance established by this order will tained herein have been approved by the sulting refined copper, or an equivalent protect the public health. Therefore, by Bureau of the Budget in accordance with quantity thereof, will be imported into virtue of the authority vested in the Sec­ the Federal Reports Act of 1942. the United States for consumption, it retary of Health, Education, and Welfare Accordingly, the Export Regulations shall also contain the certification set by the Federal Food, Drug, and Cosmetic are amended in that § 373.20(b) (2) is forth in paragraph (a) ( 2) (ii) (a ) of this Act (sec. 408(d)(2), 68 Stat. 512; 21 revised to read as follows: section. Such applications may be for 100 U.S.C. 3 4 6 a (d )(2 )) and delegated by § 373.20 C o p p e r o re s , concentrates, percent of the stocks of the commodities him to the Commissioner (21 CFR 2.120), matte, ash, residues, waste, scrap, and held by the applicant. However, *the re­ § 120.208 is amended to read as follows blister copper. fined copper resulting from the export of to establish the subject tolerance: * * * * * copper bearing scrap commodities must be imported into the United States no § 120.208 IV-Butyl-fV-ethyl-a,a,a-triflu­ (b ) Copper and copper-base alloy later than 120 calendar days after the oro-2,6 -dinitro-p -toluidine; toler­ ances for residues. waste and certain nickel scrap. * * * scrap export to which it is related. (2) Shipments not commercially proc- Tolerances are established for negligi­ essdble in the United States— (i) Com ­ (c) Where the export of commodities under the provisions of this subdivision ble residues of the herbicide N-butyl-N- modities that cannot be processed for ethyl-a, a, a - trifluoro- , -dinitro-p-toZu- technological or economic reasons other (ii) will not result in the import of re­ 2 6 fined copper into the United States for idine in or on the raw agricultural com­ than strike conditions. An application consumption, consideration will be given modities alfalfa, birdsfoot trefoil, clover, for a license to export any of the com­ lettuce, and peanuts at 0.05 part per mil­ modities described above1 that for tech­ to applications for licenses to export as lion. nological or economic reasons other than much as 80 percent of an applicant’s strike conditions cannot be processed inventory of the commodities described Any person who will be adversely af­ above as of October 31, 1967, and 80 per­ commercially in the United States will fected by the foregoing order may at any cent of his receipts of such commodities be considered for licensing, without a time within 30 days from the date of its during each month thereafter. charge against the copper export quota. publication in the F ederal R egister file Where an application covers commodi­ (d) An export license granted under with the Hearing Clerk, Department of ties that cannot be processed for a tech­ the provisions of this subdivision (ii) Health, Education, and Welfare, Room nological reason, such application shall will be valid for no more than 60 days. 5440, 330 Independence Avenue SW., be accompanied by a copy(ies) of a let- (iii) Reporting requirement. A personWashington, D.C. 20201, written objec­ ter(s) received by the applicant from a or firm participating in exports under tions thereto, preferably in quintuplicate. recognized scrap processor(s) who has the provisions of subdivision (ii) of this Objections shall show wherein the per­ (have) declined to process the scrap de­ subparagraph shall forward a report of son filing will be adversely affected by scribed on the application. Additionally, his stock levels as of October 31, 1967, the order and specify with particularity such an application shall be accompanied and a report of his receipts during each the provisions of the order deemed ob­ by the documentation set forth in para­ successive month thereafter of the com­ jectionable and the grounds for the ob­ graph (a) (2) (i) of this section. An ap­ modities described in subparagraph ( 1) jections. If a hearing is requested, the plication for a(license to export any of of this paragraph to the Office of Export objections must state the issues for the the commodities described above1 that Control (Attention: 862), U.S. Depart­ hearing. A hearing will be granted if the cannot be processed for an economic ment of Commerce, Washington, D.C. objections are supported by grounds le­ reason shall include a statement setting 20230. gally sufficient to justify the relief - forth such reason in full detail. [F.R. Doc. 67-14228: Piled, Dec. 5, 1967; sought. Objections may be accompanied (ii) Commodities that cannot be proc­ 8:49 a.m.] by a memorandum or brief in support essed commercially because of strike thereof. conditions, (a) An application for a li­ Effective date. This order shall be­ cense to export any of the commodities come effective on the date of its publica­ described above1 that cannot be proc­ Title 21— FOOD AND DRUBS tion in the F ederal R egister. essed commercially in the United States Chapter I— Food and Drug Adminis­ (Sec. 4 0 8(d)(2 ), 68 Stat. 512; 21 U.S.C. due to the nonavailability of custom 346a(d)(2)) smelting facilities caused by strike con­ tration, Department of Health, Edu­ ditions in the domestic copper industry cation, and Welfare Dated: November 27, 1967. will be considered for licensing without SUBCHAPTER B— FOOD AND FOOD PRODUCTS J. K. K irk, a charge against the copper export quota. Associate Commissioner The approval of such an application PART 120— TOLERANCES AND EX­ for Compliance. shall be contingent further upon the de­ EMPTIONS FROM TOLERANCES FOR termination by the Department of Com­ [F.R. Doc. 67-14220; Filed, Dec. 5, 1967; PESTICIDE CHEMICALS IN OR ON 8:48 a.m.] merce that the commodities covered by RAW AGRICULTURAL COMMODI­ the application cannot be economically TIES absorbed otherwise by the domestic PART 121— FOOD ADDITIVES economy. Such an application shall in­ N-Butyl-N-Ethyl-a,a,a-Trifluoro-2,6- clude the following certification: Dinitro-p-Toluidine Subpart C— Food Additives Permitted I (We) certify that the copper bearing A petition (P P 7F0610) was filed with in Feed and Drinking Water of An­ scrap commodities described on this appli­ the Food and Drug Administration by imals or for the Treatment of Food- cation are of a type normally processed by Elanco Products Co., a division of Eli Producing Animals domestic custom smelting facilities. Due to Lilly and Co., Indianapolis, Ind. 46206, A m p r o l iu m proposing the establishment of a 1 Export Control Commodity No. 28401— tolerance of 0.05 part per million for Effective upon publication of this Copper metalliferous ash and residues. negligible residues of the herbicide N- order in the F ederal R egister, the tex^ Export Control Commodity No. 28402— butyl-lV-ethyl - a,a,a - trifluoro-2, 6-dini- Copper or copper-base alloy waste and scrap. for item 2.9n under the "Limitations tro-p-toluidine in or on the raw agri­ Export Control Commodity No. 28403— column of table 1 in § 121.210(c) is cultural commodity lettuce. Nickel alloy waste and scrap containing 50 changed to read "§ 121.254(c) > 1 percent or more copper irrespective of nickel The Secretary of Agriculture has content. certified that this pesticide chemical is 1” to correct a codification error.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 RULES AND REGULATIONS 17473

(Secs. 409, 701(a), 52 Stat. 1055, 72 Stat. of Food and Drugs considered the excep­ 3. Since its first introduction into the 1785; 21 U.S.C. 348, 371(a) ) tions received to the tentative order and commercial channels of drug distribu­ Dated: November 27,1967. listened to oral arguments on behalf of tion in 1955, meprobamate may be le­ Wallace Laboratories, a division of gally dispensed only upon the written J. K . K ir k , Carter-Wallace, Inc. prescription of a practitioner licensed Associate Commissioner Now, therefore, on the basis of the by law to administer such drugs, or upon for Compliance. evidence received at the hearing, and an oral prescription of such practition­ (P.R.' Doc. 67-14221; Piled, Dec. 5, 1967; after consideration of the written and er that is reduced promptly to writing 8:48 a.m.] oral arguments, proposed findings and and filed by the pharmacist, or by the conclusions, and exceptions to- the ten­ refilling of any such written or oral prescription if such refilling is author­ SUBCHAPTER C— DRUGS tative order, which are adopted in part or rejected in part a-s is apparent from ized by the prescriber either in the orig­ [Docket No. FDA-DAC—1] the detailed findings herein made, and inal prescription or by oral order that is PART 166— DEPRESSANT AND STIMU­ pursuant to the authority vested in the reduced promptly to writing and filed by the pharmacist (21 U.S.C. 353(b)(1) LANT DRUGS; DEFINITIONS, PRO­ Secretary of Health, Education, and W el­ fare by the Federal Food, Drug, and Cos­ (B)). CEDURAL AND INTERPRETATIVE metic Act (secs. 201 (v ) , 511, 701, 52 Stat. 4. Meprobamate is manufactured and REGULATIONS 1055, as amended, 79 Stat. 227 et seq.; distributed by the respondent in these Meprobamate; Listing Drug as Subject 21 U.S.C. 32 1(v), 360a, 371) and dele­ proceedings, Wallace Laboratories, a gated by him to the Commissioner (21 wholly owned subsidiary of Carter-Wal­ to Control C FR 2.120), the following order is issued: lace, Inc. It is commercially available in In the matter of listing meprobamate Findings of fact?- 1. Meprobamate, two tablet strengths, 200 and 400 milli­ as a drug subject to control under the N.F., is the “established name” for a grams. It is also available in the same Drug Abuse Control Amendments of white crystalline substance having the strengths in time-release capsule form 1965: H M chemical formula 2-m ethyl-2-n-propyl- under the trade name Meprospan. It is Acting on a proposal published in the 1,3-propanediol dicarbamate. It is a most widely marketed by Wallace Lab­ Federal R egister of January 18, 1966 carbamate compound which was devel­ oratories in tablet form under the trade (31 F.R. 565), an order was published in oped by Berger and Ludwig from an name Miltown. The respondent states the Federal R egister of M arch 19, 1966 earlier developed short-acting tranquil­ that since 1955, it has manufactured (31 F.R. 4679), listing meprobamate, izer named “mephenesin.” Meproba­ approximately 12,500 pounds of mepro­ among other drugs, as a drug subject to mate was first used in clinical trials in bamate, which, if all of this material control under the Federal Food, Drug, 1952 as an antianxiety agent and has were converted into 400-milligram tab­ and Cosmetic Act as amended by the been widely distributed commercially lets, would represent approximately 14 Drug Abuse Control Amendments of since 1955. (TR. 1679-1681; R. Ex. 47J. billion tablets. It has been estimated 1965 because of its potential for abuse 2. Meprobamate is one of a group of * that approximately 500 million prescrip­ due to its depressant effect on the central drugs known collectively as “tranquil­ tions have been written for meproba­ nervous system. Subsequently, W allace izers.” It is recommended by its m anu­ mate and that it has been prescribed Laboratories, a division of Carter- facturer and is widely used for the symp­ for approximately 100 million patients Wallace, Inc., Cranbury, N.J., filed ob­ tomatic relief of anxiety and tension in the United States. It clearly has jections to such listing of meprobamate states. It is used in the treatment of been widely distributed in this country and requested a public hearing, and it tension headaches, nervousness, muscu­ for the past 10 years. The usual adult was concluded that the objections stated lar tension, various complaints related to dosage recommended by the respondent reasonable grounds. - the gastrointestinal tract, and nervous­ is one or two 400-milligram tablets Accordingly, an order was published in ness and tension associated with psycho- three times daily. The maximum adult the Federal R eg ister of M ay 17, 1966 neurotic disorders. It is widely used in dosage recommended is six 400-milli­ (31 F.R. 7174), that, among other things, the treatment of individuals with neu­ gram tablets daily, or 2,400 milligrams of stayed the effectiveness of so listing me­ rotic personalities and as an adjunct in meprobamate. Doses above 2,400 milli­ probamate and scheduled a public hear­ psychoanalytical therapy. It is also grams are not recommended by the re­ ing for the purpose of receiving evidence prescribed by some physicians to relieve spondent. (TR. 1159, 1681-1683, 1751- relevant and material to the issues set the anxiety and tension associated with 1752,1967,2023,2036, 2617-2618) forth in that order plus a prehearing such physical disorders as coronary dis­ 5. The respondent also manufactures conference for certain purposes. An ad­ eases, pre- and postoperative care, neu­ and distributes the following drtfgs in ditional prehearing conference in this romuscular pain, gastrointestinal disor­ tablet and/or capsule form, which con­ matter was announced in the F ederal ders, menopausal disorders, ear and sist of meprobamate combined with Register of May 26, 1966 (31 F.R. 7573). throat disorders, and alcoholism. Based Prehearing conferences were held on on its most frequent use, meprobamate is other drugs. These drugs have been dis­ June 14 and 21, 1966, and the public classified as a “minor” tranquilizer in tributed commercially since the year in­ hearing began June 27, 1966, and ended contradistinction to a group of drugs dicated in the following listing of these September 16, 1966. The transcript of known as “major” tranquilizers. This products: testimony (4,891 pages) sets forth the latter class of tranquilizers is recom­ Appetrol: Meprobamate plus dextro-am- testimony of 31 witnesses on behalf of the mended for use in treating the anxiety phetamine sulfate; 1959 (1962 in sus­ Government and 31 on behalf of the re­ states associated with psychotic disor­ tained-release form ). spondent. Fifty witnesses were medical ders, whereas the “minor” tranquilizers Deprol: Meprobamate plus benactyzine hy­ doctors covering a wide range of medical are recommended for use in treating the drochloride; 1958. training,'experience, and expertise. On anxiety states associated with psycho- Milpath: Meprobamate plus tridihexethyl behalf of the Government, 118 exhibits neurotic disorders. (TR. 793, 945, 1680, chloride; 1957. Milprem: Meprobamate plus conjugated es­ were introduced into evidence, and 24 1685, 1966-1967, 2015, 2255, 2300, 2935- were introduced by the respondent. W rit­ trogens; 1957. 2936, 3030-3031, 3099, 3187, 3439, 3519, ten briefs were timely filed by the re­ Miltrate: Meprobamate plus pentaerythri- tyl tetranitrate; 1958. spondent and the Government. 3613, 3812; R. Ex. 13.) the F ederal R egister of April 13, (Tr. 1750-1754) 1 The citations following each finding of K y -i” P R. 5933), a tentative order 6. Meprobamate is a drug having a deluding proposed findings of fact and fact refer to the pages of the transcript of “depressant effect on the central nervous conclusions in this matter was published testimony and the exhibits received in evi­ wovidiiig for the filing of exceptions dence at the hearing, unless specified other­ system” within the meaning of the Drug wise. “TR” refers to the transcript, "G. Ex.” Abuse Control Amendments and the reg­ ere to within 30 days by any interested refers to exhibits on behalf of the Govern­ p rson whose appearance was filed at the ment, and “R. Ex.” refers to exhibits intro­ ulations promulgated thereunder. (21 armg. Thereafter, the Commissioner duced by thé respondent. U.S.C. 201(y)>(3))

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17474 RULES AND REGULATIONS

In § 166.2 Criteria applicable to terms of the maximum recommended dose, proceeding and the criteria are set forth used or defined in % 166.1 of the depres­ meprobamate appears not to signifi­ therein, as follows: sant and stimulant drug regulations (21 cantly affect the functions of the upper (e) The Commissioner may determine C F R 166.2), “depressant effect” is ex­ area of the brain, the cortex, which is that a substance has a potential for plained in paragraph (b) in part as fol­ associated with intellectual and judg­ abuse because of its depressant * * * lows: mental functions, nor the hypothalamus, effect on the central nervous system (b) In determining whether a drug associated with autonomic functions ♦ * * if * has a “depressant effect” on the central such as circulation and respiration; how­ ( I f There is evidence that individuals nervous system, the Commissioner will ever, when meprobamate is taken in are taking the drug or drugs containing consider, among other relevant factors, dosages higher than those recommended, such a substance in amounts sufficient whether there is substantial evidence it does affect the hypothalamus and to create a hazard to their health or to that the drug may produce one of the cortex. the safety of other individuals or of following: Although the precise mechanism of the community; or (1) Calming effect or relief of emo­ meprobamate is not known with cer­ (2) There is significant diversion of tional tension or anxiety. tainty, nor are there adequate clinical the drug or drugs containing such a (2) Drowsiness, sedation, sleep, stu­ studies clearly delineating its mech­ substance from legitimate drug channels; por, coma, or general anesthesia. anisms, what effects this drug does pro­ or (3) * * * duce are due to its depressant effect on (3) Individuals are taking the drug (4) Mood depression or apathy. the central nervous system. or drugs containing such a substance on (5) * * * « Of those drugs whose principal effect their own initiative rather than on the Substantially all of the medical wit­ is on the central nervous system, only basis of medical advice from a practi­ nesses appearing on behalf of both the those with a chiefly depressant effect tioner licensed by law to administer such respondent and the Government, testi­ will, upon sudden withdrawal following drugs in the course of his professional fied in substance that the major phar­ chronic administration, produce with­ practice; or macological effects of meprobamate are drawal symptoms or an abstinence reac­ Respondent argues that Congress in­ to calm the individual, to give relief of tion characterized by insomnia, nausea, tended the Drug Abuse Control amend­ emotional tension or anxiety, and to pro­ vomiting, tremors, the twitching of mus­ ments to apply only to those substances duce drowsiness, sedation, and sleep. cles, anxiety, weakness, headaches, ano­ where there is “demonstrated” a “sub­ The unrebutted testimony of a number rexia, unsteady gait or motor ataxia, hal­ stantial” potential for “significant” of witnesses established that meproba­ lucinations, delusions, depression, con­ abuse (P art I of respondent’s b rief). The mate in sufficiently large dosages pro­ vulsions,‘and, in extreme cases, death. legislative history of the amendments as duces stupor and coma and will depress Carefully controlled clinical studies set forth in Government Exhibits 1, 2, mood and induce apathy. conclusively establish that when mepro­ and 3 does support respondent’s argu­ Meprobamate is classified by its de­ bamate is given to individuals in dosages ment to the extent that Congress in­ veloper as, and is represented by the re­ of from 8 to 16 400-m illigram ' tablets tended to bring under the control of the spondent to be, a tranquilizer belonging daily, for a period of 40 days, and a amendments those substances having a to the “central depressant” class of chemically inert substance, a placebo, “substantial” potential for “significant” tranquilizers. is abruptly substituted for the meproba­ abuse. However, the legislative history It is the respondent’s position that mate, the withdrawal symptoms of does not support the argument that a meprobamate has a potential for only insomnia, vomiting, tremors, ataxia, substance may be brought under the isolated or occasional abuse and that overt anxiety, anorexia, muscle twitch­ control o f the amendments only after such abuse is not due to its “depressant ing, hallucinations, and convulsions substantial abuse has taken place. The following language appearing at effect on the central nervous system.” occur. These clinical studies have been (R. Brief 4, 10, 43-49, 53, 54.) confirmed by animal studies. page 5 of the report of the Senate Com­ The substantial evidence of record, mittee on Labor and Public Welfare ac­ Other widely recognized central nerv­ conclusively establishes that meproba­ companying the amendments, explicitly ous system depressant agents, such as mate acts upon the central nervous sys­ states: “The Secretary of Health, Edu­ the barbiturates and alcohol, if taken tem and that such action is a depressant cation, and W elfare should not be re­ at sufficient dosage levels over sufficient action which results in the calming of quired to wait until a number of lives periods of time, will cause withdrawal individuals who take the drug and the have been destroyed or substantial prob­ symptoms when abruptly withdrawn relieving of their anxiety and emotional lems have already arisen before desig­ from individuals. On the other hand tension. This drug is known to produce nating a drug as subject to controls of widely recognized central nervous sys­ drowsiness, sedation, and sleep. Indi­ the bill.” (G . Ex. 3, Sen. Rept. No. 337, tem stimulant drugs, such as the am­ viduals consuming meprobamate in suf­ 89th Cong., 1st sess., June 21, 1965, p. 5.) phetamines, when suddenly withdrawn ficiently high dosages for extended pe­ Substantially identical language ap­ from individuals after long use at suffi­ riods of time have experienced apathy pears also at page 7 of the report of the cient dosage levels do not cause with­ and a depression of mood. House Committee on Interstate and For­ drawal symptoms. The precise way in which these effects eign Commerce accompanying the are brought about is the subject of dif- It is therefore concluded that irrespec­ amendments. (G . Ex. 2, H. Rept. No. ^ fering medical opinions and views and tive of the precise mechanisms of me­ 130, 89th Cong., 1st sess., Mar. 2, 1965, is not known with precise certitude. probamate, the substantial evidence of p. 7.) Consequently the criterion of Some medical opinions hold that mepro­ record conclusively establishes that this “substantial” potential for “significant bamate exerts a “selective action” in the drug does have a “depressant effect on abuse has been used in reviewing and central nervous system, affecting pri­ the central nervous system” within the evaluating the evidence of record in this marily the subcortical area of the brain. meaning of the amendments. (TR. 39- matter. This causes a blocking of the inter­ 47, 456-481, 1674-1688, 1705-1706, 1708, 8 . The substantial evidence of record neuronal transmission of anxiety-pro­ 1732, 1851, 2061-2062, 2310, 2350-2358, establishes that a significant number oi ducing electrical discharges or stimuli 2381-2383, 2493-2497, 3027-3028, 3396, individuals have taken meprobamate m within the various areas of the brain, 3410, 3677-3678, 4690-4699, 4705-4726, amounts sufficient to create a hazard to the cortex, thalamus, and hypothala­ 4748-4762; R. Ex. 10, 11, 13, 19, 33, 44, their health or to the safety of other in­ mus. It is believed that the site of ac­ 47; G. Ex. 1, 12, 17, 19, 24, 28, 150, 162.) dividuals or to the community. tion of this drug is in the subcortical 7. Section 166.2(e) of the depressant Included within the term “hazard structures of the brain, such as the and stimulant drug regulations (21 CFR are: thalamus and limbic system. These an­ 166.2(e)) sets forth the criteria for de­ a. Use of meprobamate to achieve in­ atomical structures are thought to be termining whether a substance has a toxication; M , , the seat of human emotions; however, potential for abuse because of its de­ b. Use of meprobamate to attempt su - it is generally recognized that these pressant effect on the central nervous cide, successfully or unsuccessfully. structures are part of the central ner­ system. Subparagraphs (1 ), (2 ), and Meprobamate when taken by cert^1Q„ vous system. W hen taken not in excess (3) of § 166.2(e) are applicable to this types of individuals in amounts in exc

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 RULES AND REGULATIONS 17475 of six 400-milligram tables per day, has age levels to levels which cause intoxi­ the opinion that meprobamate and other produced in the past and will produce cation. (T R . 234-248, 260-262, 311-316, tranquilizing drugs of similar types have intoxication marked by slurred speech, 504-514, 747, 798, 817-844; G. Ex. 29,178, a pharmacological effect which may incoordination, pleasurable feelings sim­ 179,186.) either cause depression or aggravate a ulating alcoholic intoxication (some­ 10. The substantial evidence of record preexisting, underlying depressive state times referred to as euphoria) and shows that the chronic ingestion of me­ that may lead to suicide. (T R . 238-249, nystagmus While the complex psycho­ probamate at intoxicating dosage levels 1422-1435, 1453-1455, 2765, 2786, 3370, logical reasons which induce some indi­ deprives individuals of the ability to 3594; G. Ex. 63, 79, 83, 110, 111.) viduals to ingest intoxicating doses of properly operate motor vehicles and to 14. The substantial evidence of record depressant drugs are not known, it is prevent injury to themselves and others. conclusively establishes that a signifi­ known that individuals with drug-de­ (T R . 190-194, 248, 504-508; G. Ex. 18, cant number of individuals have used pendency-prone personalities (im m a­ 163.) meprobamate as an ingestant, either ture, neurotic, inadequate, dependent- 11. The substantial evidence of record alone or in combination with other de­ type personalities) will chomically in­ shows that the chronic ingestion of me­ pressant drugs, for the purpose of gest drugs which produce euphoria, vari­ probamate at intoxicating dosage levels committing suicide. (T R . 661-699, 1163- ously described as exaggerated feelings causes personality changes in the users 1164, 1427, 1430-1456, 2124, 2727-2729, of well-being not in conformity with re­ manifested by anger, antagonism, irra­ 3114-3115, 3885-3886, 4632-4639; G. Ex. ality, feelings of happiness or elevation tional behavior, and antisocial conduct. 30-42, 44-47, 86- 88, 90, 94, 97, 112, 117, of mood, the relaxation and relief of ten­ Such ingestion of this drug has led to the 119, 122, 126, 129, 163, 182.) sions caused by psychological stress, a commission of crimes, neglect of chil­ 15. The substantial evidence of record general dulling of the sensorium, or a dren, and deterioration of marital and conclusively establishes that mepro­ sense of intoxication. Meprobamate family relationships. (TR . 246, 509-510, bamate either alone or in combination causes these effects through its pharm a­ 767, 1127-1147, 1334-1363, 1364-1390, with other depressant drugs has been cological action upon the central nervous 1390-1402; G. Ex. 29, 49, 54, 55, 58, 68, 73, used by a significant number of indi­ system. Such effects have been reported 77,79,163.) viduals in suicidal attempts. (TR. 214- by the ingestion of a single dose of me­ 12. The substantial evidence of record 216, 363-366, 2124, 3114-3115; G. Ex. 8, probamate of 1,200 to 1,600 milligrams; shows that individuals consume mepro­ 55, 68, 71, 87-89, 91, 92, 94, 104, 106, 108, however, with chronic ingestion of me­ bamate in intoxicating doses in order to 110, 111, 164, 166, 188, 192, 194, 195, 198, probamate a tolerance to its effects de­ achieve a mental condition that has been 199.) velops. Tolerance is a physiological described as pleasurable and to achieve 16. The sociological reasons why process whereby an organism develops a feeling or sense of intoxication or well­ meprobamate has been used in the past insensitivity to a drug, thus requiring the being. This condition simulates intoxi­ by a significant number of individuals in administration of gradually increasing cation caused by the ingestion of exces­ successful and unsuccessful suicidal at­ doses in order to achieve the -initial ef­ tempts were, in part at least, explained fect. It is believed that tolerance occurs sive amounts of alcohol or barbiturates. by an expert in the field of public health when the body gradually adapts to the A significant number of individuals who presence of a drug by altering the func­ have a propensity for becoming depend­ and preventive medicine. This expert has studied extensively and written on tions of certain systems and by increas­ ent on certain types of drugs, have found the phenomena of suicide both in this ing the rate at which the drug is metab­ that they can take meprobamate in in­ olized. Thins, in order to achieve the creasing doses and obtain somewhat the country and many foreign lands. initial physiological response, increas­ same effect that they get from alcohol or There are three major sociological or ingly larger doses of the drug need to barbiturates. The most prominent group cultural factors that operate in deter­ be ingested. Clinical observation to­ of such individuals are alcoholics. It mining the manner and means used by gether with data derived from animal has been observed by qualified -and re­ individuals in suicidal gestures. These experiments conclusively establish that liable experts in the field of alcoholism are the gross availability, accessibility, meprobamate is a drug to which a toler­ treatment that alcoholic patients have a and fashionability of agents used to ance is built when taken over extended particular liking for meprobamate and commit suicide. Gross availability was periods of time. It is because such a tol­ have repeatedly asked for this drug at explained to mean the presence of the erance is established that some individ­ more frequent intervals than for other agent in an individual’s environment; uals, in an attempt to relieve their symp­ drugs. for example, firearms are grossly avail­ toms of anxiety, will gradually increase Because of these factors, alcoholics able in the United States but not so avail­ the amounts of meprobamate they ingest tend to become dependent on and to able in other foreign countries, such to the point of intoxication. (TR. 40, 45, abuse meprobamate. Meprobamate pre­ as England. Accessibility was defined to 86, 87, 106, 107, 135, 234-244, 261-262, sents special problems for the alcoholic mean the degree of ease by which indi­ 330-334, 462-463, 469, 484, 499, 504, 511- population of this country, which has viduals can obtain any given agent 514, 586, 611-612, 795, 823-842, 875-881, been estimated to number approximately which is grossly available. Fashion- 897-904, 993, 1836, 2744, 4033-4034, 4383- 6 million. One conservative estimate is ability was defined as the popularity of 4386, 4698-4721; G. EX. 19, 29, 49, 68, 71, that four out of every 100 alcoholics to any given agent as a suicidal agent 83,97,171, 179.) whom meprobamate is administered de­ which is determined in part by the fre­ 9. The substantial evidence of record velop problems with meprobamate by quency that an agent is used by society’s establishes that persons have consumed taking to the point of intoxication more ostensible leaders and the publicity ac­ meprobamate in amounts sufficient to than prescribed. The potentiality for corded the suicides of such individuals. j&use chronic intoxication. Consump­ significant abuse presented by these re­ As far as pharmaceutical suicidal agents tion by individuals of meprobamate in liable estimates is obvious. (T R . 35-38, are concerned, factors such as frequency this manner is generally characterized 195-197, 234-248, 260-262, 288-289, 296- that a drug is prescribed, the length of by: 297, 311-316, 323-334, 488-519, 525-564, time that the drug has been available, a. Staggering gait, slurred speech, and 559, 762, 1334-1350,1523-1548; G. Ex. 20, and the practice of pharmacists in mak­ incoordination as well as temporary loss 79,171,178,179.) ing the drug available, as well as the °f memory and dulling of mental ca­ 13. Clinical experience shows that the knowledge of the lay population of these pacities. (TR. 504-514, 823-841, 875- prolonged use of meprobamate, even at factors, exert influences on the frequency Wl; G. Ex. 29, 49, 78, 83, 171.) therapeutic dose levels, causes or aggra­ that a pharmaceutical agent is used in Ingestion of the drug in daily dosr vates depressive states in certain indi­ suicidal gestures. ages m excess of those recommended for viduals suffering from neurotic disorders. The evidence of record clearly estab­ nerapeutic use and varying generally Persons who have chronically ingested lishes that for the past decade in the between 8 and 50 400-milligram tablets meprobamate report that the psycholog­ United States meprobamate has been jauy (TR. 504-514, 741-780, 823-841, ical effect o f the drug upon them was an manufactured and distributed in large «•0-881; G. Ex. 29, 49, 52A, 74, 77, 79.) aggravation of a feeling of depression to quantities; the respondent’s estimate is .fc'A gradual elevation by individuals the point of suicidal thoughts and sui­ approximately 14 billion tablets. Thus their drug intake from prescribed dos- cidal attempts. Medical experts are of meprobamate has been grossly available.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17476 RULES AND REGULATIONS

In addition, this drug has been widely proper prescription authorization and tion, posing as ordinary drugstore cus- prescribed during this time; the re­ not in conformity with those provisions tomérs, either without any prescription spondent estimates that approximately of law regulating the sale of prescription or by having a prescription illegally re­ 500 million prescriptions have been writ­ drugs. The official files of the Food and filled. (TR . 1180-1333; G. Ex. 202.) ten for meprobamate. Further, mepro­ Drug Administration were reviewed for 19. There is substantial evidence of bamate has to a significant extent been the 10-year period from 1956 through record that some pharmacists have dis­ prescribed and dispensed with consider­ 1966. The information contained there­ pensed meprobamate on the basis of able laxity in the past (see Findings Nos. in relevant to meprobamate was testified invalid prescriptions, or without any 18, 19, and 21). Meprobamate thus has to by an Administration official and prescription at all. (TR. 510-511, 515, been accessible. Its use as a suicidal summarized in Government Exhibit No. 525-564, 823-841, 1127-1161; G. Ex. 54, agent has also received publicity, and 202. 135, 137, 138, 165, 180, 181.) its use as such an agent is thus known During this 10-year period, there were 20. There is substantial evidence of to the lay population. 1,515 prosecutions for illegal sales of pre­ record that there are so-called black Based upon the above considerations, scription drugs terminated by convictions market sources for meprobamate. These as well as past studies of suicidal agents after initial investigation by the Food sources, which are not legitimate dis­ of the ingestant class, this expert made and Drug Administration. Of these tributors, are utilized by individuals who an authoritative prediction, which is cases, 173 involved 797 separate illegit­ have become dependent upon meproba­ reasonable and merits weight in this imate sales of meprobamate to individ­ mate to obtain supplies adequate to sat­ matter that meprobamate will be used uals, the sales being made either without isfy their needs. Individuals who report more frequently in the future as a sui­ any prescription or by refilling a pre­ obtaining this drug from these sources cidal agent than it has been in the past. scription without proper authorization are vague and indefinite about these This prediction is based in major part confirmed by a written record of the sources and no detailed information is on the past history of other pharmaceu­ transaction as required by law. These available as to the extent or number of tical agents, notably the barbiturates. illegitimate sales were made at 170 dif­ such sources. There is also evidence that The longer these agents were on the ferent retail pharmacies throughout the meprobamate has been stolen from market (grossly available), and the more United States, by two peddlers, and by hospital supplies for purposes of resale, accessible they became to potential sui­ one medical doctor outside a doctor- and is bought and sold, illegitimately, cidal individuals through lax dispensing patient relationship. by the inmates in penal institutions. and prescribing practices (accessibility), At 99 of the 170 retail pharmacies, in­ (TR . 332-333, 347-349, 993, 996; G. Ex. and the more the lay population learned vestigators were permitted to audit the 49, 131, 132.) of the use of these agents in suicidal prescription dispensing records required 21/ The substantial evidence of record gestures through the publicity afforded to be maintained by law (21 U.S.C. 353 shows that a significant number of indi­ such cases (fashionability), the more (b )), as well as invoices reflecting the viduals have obtained meprobamate in such agents have been used in suicidal amounts of prescription drugs received amounts in excess of the amounts pre­ gestures. at these establishments. These records scribed for them or without the advice It is reasonable to expect that mepro­ were audited for approximately a 1-year of their physician or in amounts in ex­ bamate will have somewhat the same period prior to the time that this audit cess of recommended doses, in the fol­ history as these other agents, notably the inspection took place. In 71 of the retail lowing ways: barbiturates, unless it is placed under pharmacies, no audit was conducted be­ a. Through the lax prescribing prac­ the same controls. Although the bar­ cause permission to review the necessary tices of some physicians in issuing pre­ biturates in the past have been the drugs records was denied the investigators. scriptions which may be refilled for most frequently used as suicidal inges- In the 99 drugstores where an audit indefinite time periods at the option of tants, tranquilizing drugs are being used was conducted, a comparison of the the patient and because of the lack of with increasing frequency and, among amounts of meprobamate received at the supervision of patients by some physi­ the latter, meprobamate is the drug stores (as reflected by drug invoice rec­ cians. (T R . 509-518, 525-549, 794, 904- most frequently used by suicide-prone ords) with the amounts on hand at the 907, 994, 1334-1350, 1364-1384, 1404- individuals. (TR . 410-453, 712-713; G. stores and the amounts accounted for 1421; G. Ex. 44, 55, 71, 83, 165.) Ex. 44, 55, 71, 83, 145, 165, 177, 202.) by prescription dispensing records, for b. By having refilled prescriptions 17. The second criterion contained in the approximate 1-year period, showed marked “Ad L ib .” (A d Lib itum — the the regulations promulgated under the that between 22 percent and 100 percent amount desired) and “p.r.n.” (pro re amendments to be used to determine of the meprobamate received by these nata— as circumstances may require) whether a substance has a potential for pharmacies could not be accounted for. with greater frequency than is consist­ abuse because of its depressant effect on Since meprobamate may be legitimately ent with the use of the drug at recom­ the central nervous system states, in sub­ dispensed only upon prescription, and mended dosages. (TR . 197-202, 518, stance, that a drug may have a potential since the law requires the maintenance 525-549, 904, 1407-1408, 1416; G. Ex. 180, for abuse if there is significant diversion of records reflecting the dispensing of 181.) of the drug from legitimate drug chan­ prescription drugs, the conclusion fol­ c. By establishing a chain or series of nels (see Finding No. 7). lows that the unaccounted for meproba­ drugstores which will sell them the drug. Included within the term “diversion” mate was either sold without proper prescriptions or no records were main­ This is accomplished by taking a pre­ are sales of a drug outside legitimate scription to one drugstore, having it channels by manufacturers, wholesalers, tained of prescription sales as required filled at this store, and then going to a or retail pharmacies. Thus, the sale of by law. In either case, the sales were series of other drugstores and asking meprobamate by a retail pharmacy with­ illegitimate and represented a diversion each successive store to sell meprobamate of meprobamate from legitimate drug out the required prescription and not in to them. These additional drugstores channels. complete conformity with the law reg­ are referred to the original store to verify An average of 77 percent of the total ulating” the sale of drugs restricted to that a prescription has been filed at that sale only upon prescription (21 U.S.C. amount of meprobamate received by store. These successive stores then sei 353(b)) constitutes diversion of this these 99 pharmacies could not be ac­ the drug based on the prescription niea drug from legitimate drug channels be­ counted for. This 77-percent-average at the original store. (TR. 525-549; u- cause such sales are contrary to law shortage represents over 796,000 tablets Ex. 21, 29, 55, 180, 181.) and are illegitimate. (G. Ex. 2, p. 2; 21 of meprobamate. The significance of U.S.C. 331(k ), 353(b).) this shortage is apparent when it is re­ d. By obtaining a number of ^orlcuJj‘ rent prescriptions for meprobamate fro 18. The substantial evidence of record called that these audits covered approxi­ conclusively proves that there has been mately a 1-year period in but 99 retail several physicians. (TR. 190-194, * > 514, 518, 766, 875-881, 943, 967; G. ex. significant diversion of meprobamate pharmacies in this country. from legitimate drug channels. Sub­ Of these unaccounted for drugs, 54,128 29, 77, 79.) stantial amounts of meprobamate have meprobamate tablets were purchased by e. By obtaining meprobamate fro been sold by retail pharmacists without agents of the Food and Drug Administra­ friends or relatives for whom it had o

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 RULES AND REGULATIONS 17477 prescribed. (TR . 190-194, 942-943, 1528- ing of copies of the coroner’s verdict for 917-918,3370, 3379, 3380, 4690,4696-4698, 1530; G. Ex. 54.) Cuyahoga County in Ohio for a 4-year 4701-4702, 4704-4706; G. Ex. 12, 19, 20, f. Through theft of the drug and by period, reflect an additional 12 cases of 24, 28, 29, 131, 133, 150, 162, 200, 201.) forging prescriptions for it. (TR . 511, suicides caused by the acute intoxica-' 25. The substantial evidence of record 3006-3007; G. Ex. 58, 67, 68.) tion of the deceased by meprobamate shows that individuals who have ingested 22. The substantial evidence shows alone or in combination with other drugs. meprobamate over prolonged periods of that meprobamate has been found in The testimony of these witnesses, to­ time upon their own initiative, or who human subjects at autopsy by reliable gether with the exhibits referred to have on their own initiative increased toxicological examination and that rou­ above, when coupled with the testimony their dosage of meprobamate to levels in tine, official investigation could not es­ of individuals who have become phys­ excess of those normally prescribed and tablish that the drug was taken upon the ically dependent upon meprobamate, recommended, have upon abstinence recommendation of a medical practi­ and the expert opinions and factual testi­ from the drug suffered the following tioner. The evidence further shows that mony of the Government’s medical wit­ withdrawal symptoms: Electro-encéph­ pharmacists are frequently requested to nesses, establishes beyond any doubt that alographie changes similar to those ob­ sell meprobamate without any prescrip­ meprobamate has been abused in the served in barbiturate withdrawal, head­ tion, and individuals have offered to pay past by a significant number of individ­ aches, insomnia, nervousness and anx­ physicians for prescriptions for mepro­ uals in that they have taken this drug iety, agitation and restlessness, sweating, bamate without any bona fide doctor- on their own initiative and contrary to ataxia, nausea, excess salivation and patient relationship being established. medical advice, to their own detriment confusion, delirium, delusions and hal­ Patients admitted to hospitals with to the point of death. (T R . 661-732, lucinations, hyperpyrexia, convulsions, meprobamate in their possession have 1162-1178, 1334-1389, 1390-1402, 3950- and death. (TR . 186-187, 493-494, 508- refeused to reveal their source for this 4102, 4256-4444, 4449-4505; G. Ex. 87, 519, 525-549, 575-587, 823-841, 875-881, drug. (TR. 661-710, 716-732, 965-967, 182 (see also G. Ex. 30-42, 44-47, 8, 55, 1127-1138, 1334-1350, 1390-1398, 1426, 1409-1410, 1416, 1419; G. Ex. 84, 182.) 68, 71, 86, 88, 89-91, 104, 106, 108, 112, 2397, 4758; G. Ex. 16, 17, 21, 23, 28, 23. The substantial evidence of rec­ 117, 119, 122, 126, 129, 163, 164).) 29, 63, 81, 82, 84, 94, 150, 166, 171, 185, ord conclusively establishes that a sig­ 24. The evidence of record reflects the186, 193, 204.) nificant number of individuals have testimony of medical experts that drugs 26. The substantial evidence of record taken meprobamate on their own initia­ which depress the activity of the central shows that some individuals who are tive rather than on the basis of medical nervous system when administered over abusing barbiturates or alcohol also con­ advice from a practitioner licensed by long periods of time may cause certain currently abuse meprobamate, or if their law to administer this drug in the course neuronal systems to adapt their activity drug of choice becomes unavailable, will of his professional practice. Thus, the to the effect of the drug so that upon turn to meprobamate. The abusive use evidence of record complies with the abrupt withdrawal of the drug, clinically of meprobamate results from the inter­ third criterion set forth in the regula­ observable signs and symptoms may re­ action of two factors, the pharmacolog­ tions promulgated under the Amend­ sult that are associated with acute psy­ ical action of the drug and the psy­ ments (see Finding No. 7). Although chological and physical discomfort or chological makeup of the individual. the exact number of individuals who have death. This phenomenon, known as an Dependency-prone individuals having abused meprobamate is not known, nor abstinence reaction or withdrawal syn­ immature, neurotic, or inadequate, de­ can this number be reasonably ascer­ drome, is a sign of a tolerance being es­ pendent-type personalities, especially tained with any degree of reliability for tablished in the body to the drug and. those with a history of dependency upon the reasons more fully set forth in Find­ is indicative of physical dependence upon other drugs, are particularly liable to ing No. 27, the number o f suicides, at­ the drug. Individuals are motivated to become dependent upon meprobamate. tempted suicides, and overdoses of me­ ingest drugs in increasingly larger Thus, alcoholics are particularly sus­ probamate reflected in the reliable evi­ amounts, upon their own initiative or ceptible to dependency upon and abusive dence of record is significant. without medical supervision, in order to use of meprobamate. An official of the Food and Drug Ad­ avoid experiencing this withdrawal The likelihood of the cross-substitu­ ministration appeared and testified con­ syndrome. tion of drugs having similar clinical and cerning Government Exhibit No. 87. Physical dependence is the result of pharmacological effects may be deter­ This exhibit is a compilation of data con­ the chronic ingestion of a drug at suf­ mined with a reasonable degree of ac­ tained in the official files of the A d ­ ficiently high dosage levels, and in the curacy on the basis of similarity of with­ ministration. This data includes photo - case of meprobamate, does not generally drawal symptoms and the ability of one graphic reproductions of death certifi- manifest itself until after prolonged in­ drug to suppress the withdrawal symp­ gestion in man of daily dosages exceed­ toms caused by the abrupt withdrawal of ing eight 400-milligram tablets, although another. The substantial evidence of occurrences of withdral symptoms at record shows that intoxication caused lesser dose levels have been observed. by meprobamate is clinically and, except Due to individual variation in convulsion for minor differences, neurophysiolog- threshold levels, differences in personal­ ically indistinguishable from intoxica­ ity structures, metabolic rates and capac­ tion caused by alcohol or barbiturates. ities, and other physiological differ­ The withdrawal symptoms associated ences, no physically dependent per­ with meprobamate are similar to those son may display the entire spectrum of associated with drugs causing a barbitu­ withdrawal symptoms upon the abrupt rate and alcohol-type physical depend­ ,, addition, the testimony of the chief withdrawal of meprobamate. However, ence; such as, the barbiturates, ethyl al­ toxicologist for only one m ajor city in the sudden withdrawal of this drug after cohol, chloralhydrate, paraldehyde, and ^ " nited States, Philadelphia, when chronic ingestion ate the dosages noted glutethimide. tudied in relation to Government E x- above is generally characterized in cases It has been demonstrated that barbitu­ mpit No. 182, a compilation of data con- of mild physical dependence by insomnia, rates, if administered in appropriate ^toed in the official files of that city’s vomitting, tremors, muscle twitching, doses, will completely relieve the with­ L 7^ ar^Pent of Health, reflects that for anxiety, weakness, nausea, headache, drawal symptoms caused by the abrupt PProximately a 4-year period mepro- hyperpyrexia, anorexia, and ataxia. In cessation of meprobamate ingestion and mate contributed to or was the ex- cases of moderate physical dependence, that meprobamate will suppress the 4 artJ-vCause of death in 37 suicides, plus the withdrawal symptoms include also withdrawal symptoms caused by the ces­ _...“monal deaths that apparently were hallucinations, delusions, and severe de­ sation of excessive alcohol ingestion. piria f Si ■ which may have been ac- pression. The severe form of withdrawal There is, therefore, the reasonable dmJi deaths due to overdosage of symptoms additionally include convul­ likelihood that when drugs of the bar­ « °s mcluding meprobamate. Further, sions and in rare instances death. (TR. biturate-alcohol type become less acces­ u eminent Exhibits Nos. 31-42, consist­ 34-51, 312, 314, 478-482, 585-605, 796, sible because of more strict control of

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17478 RULES AND REGULATIONS their distribution under the Amend­ phenomena of tolerance and with­ 33-36, 49-51, 54, 93, 102-103, 115; G. Ex. ments, individuals who have abused this drawal reactions are a result of mepro­ 2, p. 13; G. Ex. 3, pp. 2 and 3.) type of drug will substitute meproba­ bamate’s central nervous system depres­ Conclusions. 1. The Drug Abuse Con­ mate in their nontherapeutic, abusive sant effect. Other abuses of mepro­ trol Amendments of 1965 are intended to drug practices. (TR . 38, 47, 49, 79-81, 86- bamate stem from its euphoric effect protect the public health and safety by 87, 195-197, 210, 238-243, 312-313, 330- which is a function of meprobamate’s establishing special controls for depres­ 331, 461-465, 467-468, 473-475, 478-482, central nervous system depressant ef­ sant and stimulant drugs. This protec­ 508, 515, 583, 585-586, 590-595, 599-605, fect. In short, meprobamate’s potential tion is to be accomplished through in­ 796, 851, 854-855, 918-921, 933-947, 989, for abuse results from its effect of creased recordkeeping and inspection 1527-1548, 4690-4695, 4697, 4703-4705, depression on the central nervous sys­ requirements, through providing for con­ 4724-4725, 4758; G. Ex. 1, 16, 23, 28, 29, tem. (TR. 21, 49, 81, 98, 334, 402-463, trol over intrastate traffic in these drugs 65, 78, 84,131, 132, 133,145,150,162,171.) 478, 3359-3360, 3425-3426, 4698-4709.) because of its effect on interstate traffic, 27. There are at the present time no 29. A large part of the evidence ad­ and through making possession of these reliable statistics which indicate with duced by the respondent consisted of the drugs (other than by the user) illegal certainty the precise extent to which testimony of various physicians to the outside the legitimate channels of com­ meprobamate has been or is currently effect that they had prescribed mepro­ merce. The authority of the Department being abused. Hospital records are cus­ bamate for their patients over varying of Health, Education, and Welfare over tomarily coded, for purposes of indexing periods of time and had seen no cases counterfeit drugs also is increased by the and information retrieval, by discharge or at most only an occasional case of amendments. diagnoses, not admission diagnoses. In individuals abusing meprobamate. This 2. Meprobamate is a drug with a de­ many cases of admission for drug over­ evidence does not rebut the evidence in­ pressant effect on the central nervous dose or drug dependence, the discharge troduced by the Government proving the system and may be legitimately dis­ diagnosis will show the underlying psy­ abuse potential of meprobamate within pensed only upon the prescription of a chiatric disorder that gave rise to the the meaning of the amendments. The practitioner licensed by law to adminis­ individual’s suicide attempt or chronic doctors appearing on behalf of the re­ ter such drugs, and in full conformity use of drugs, but not the drug abuse spondent were administering mepro­ with section 503(b) of the Federal Food, which led to admission. There are no bamate generally at therapeutic dosage Drug, and Cosmetic Act (21 U.S.C. 353 accurate statistics showing the extent to levels not in excess of recommended ( b ) ). which meprobamate is used in suicidal doses and were closely supervising the 3. The substantial, probative, and re­ attempts, successful or unsuccessful, on drug therapy of their patients. Patients liable evidence of record establishes that either the local, State, or national level. under such close medical supervision do meprobamate, in the past, due to its de­ Death certificates, one possible source not usually abuse meprobamate. In ad­ pressant effect on the central nervous of such statistics, are issued in many dition, some physicians appearing as system, has been abused in the following cases immediately after death in order to witnesses for the respondent were in­ ways: permit burial of the deceased, but prior volved in various specialties of medicine a. There has been significant use of to toxicological examination that would in which meprobamate abuse is rarely meprobamate in amounts sufficient to reveal the presence of exogenous agents if ever seen; such as, cardiology, general create a hazard to the health of the in­ in the vital organs of the deceased. No surgery, obstetrics, gynecology, endo­ dividual and to the safety of other indi­ consistent practice is followed in amend­ crinology, gerontology, gastroenterology, viduals and the community. ing such records where exogenous agents otorhinolaryngology, and allergy. b. There has been significant diversion are found upon examination. Thus, the Such evidence tends to confirm the fol­ of meprobamate from legitimate drug statistics of State bureaus of vital sta­ lowing estimation set forth in the Pinal channels. tistics, based upon such death certifi­ Report of the President’s Advisory Com­ cates, do not reveal the presence of such mission on Narcotic and Drug Abuse of c. There has been significant use of agents in a large number of cases. Na­ 1963: “Drug abuse is not a uniform prob­ meprobamate by individuals on their own tional vital statistics, having as their lem throughout the country, and even in initiative rather than on the basis of source the State statistics, are equally the areas of the highest incidence few medical advice from a practitioner li­ inadequate. The lack of trained and ex­ medical practitioners come into contact censed by law to administer such drugs perienced personnel, adequate funds, and with the afflicted. It is estimated that in the course of his professional practice. adequate coding and indexing systems, in most medical practitioners-never see a 4. Due to the history of the abuse of the nation’s hospitals, bureaus of vital habitual drug abuser” (G . Ex. 1, p. 57). meprobamate and because meprobamate statistics, health departments, and other (TR . 1934-1944, 1960-1970, 2339-2346, has the capacity to substitute for other public and private institutions all con­ 3182-3187, 3361, 3429-3433, 3515-3523, drugs known to be abused, which are now tribute to the lack of accurate statistics 3606-3620.) subject to the increased controls of the concerning meprobamate abuse.' The 30. The legislative history of the amendments, it is reasonable to conclude statistics that are available grossly un­ amendments reflects the expectation of that the abuse of meprobamate will con­ derstate the frequency with which me­ Congress, in enacting this legislation, tinue and increase unless this drug is probamate has actually been abused. that meprobamate and similar tranquil- similarly brought under the controls of (T R . 360-369, 383-388, 404-409, 434-435, izing drugs would be expeditiously the amendments. 608-610, 632-633, 777, 797, 941-942, 958- brought under the control of the amend­ 5. Meprobamate is a drug which be­ 959, 1428-1430, 1709, 1711-1712, 2771, ments because of their potential for cause of its depressant effect on the 2972-2973, 3661-3665, 3671, 3683, 3696, abuse. Testimony taken before the central nervous system has a substantial 3709, 3718-3720, 3733, 3744-3747, 3942- House Committee on Interstate and For­ potential for significant abuse within the 3953, 3958-3959, 3968, 3989, 39&1, 4059, eign Commerce demonstrated the need meaning of the amendments (21 U.S.t/. 4272, 4294-4297, 4367-4375, 4398-4399, for bringing meprobamate under these 321(v)(3)). . 4425-4429, 4441, 4450, 4459; G . Ex. 62, controls. This Committee considered the 6. Meprobamate is a “depressant or pp. 54-56.) advisability of listing meprobamate, stimulant drug” as defined in the amend­ 28. The substantial evidence of record among pthers, by name, but decided not ments (21 U.S.C. 321(v)), and is there­ establishes that meprobamate has a to single out this or any other drug. The fore subject to control under the amen - potential for abuse, as manifested in the Committee, however, stated that it ex­ ments (21 U.S.C. 360a). Any drug ways set forth in findings 8 through 27 pected the Secretary of Health, Educa­ which contains any quantity me^r I above, because of its depressant effect tion, and Welfare to take early action bamate is a “depressant or stunuian on the central nervous system. M any of with respect to the consideration of drug” as defined in the amendments these abuses of meprobamate result from bringing meprobamate and other drugs [J.S.C. 321(v) (3 )) and is also subject to the phenomenon of tolerance to the drug within the controls of the amendments. control under the amendments (21 u- • and the phenomenon of withdrawal A similar expectation was expressed by 360a). ■ ofaw reactions upon discontinuance after the Senate Committee on Labor and Therefore, It is ordered, That the s y long-continued or excess use. These Public Welfare. (G. Ex. 62, pp. 24, 26, of effectiveness announced May l •>

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 RULES AND REGULATIONS 17479

(31 F.R. 7174), on the listing of mepro­ approval. On approval, the postmaster 1. The departmental order of July 15, bamate in § 166.3(c)(1) as a drug sub­ will receive necessary procedural instruc­ 1929, withdrawing the following de­ ject to control under the amendments tions from the Regional Director for re­ scribed land as Air Navigation Site by the order of M arch 19, 1966 (31 F.R. lease, control, and return of change-of- Withdrawal No. 31, is hereby revoked so 4679), be ended. address Forms 3575. far as it affects the following described * * * * * lands: Effective date. This order shall become W il l a m e t t e M e r id ia n effective 90 days from its date of publica­ N o t e : The corresponding Postal Manual section is 123.52. T. 36 S ..R .3 W ., tion in the F ederal R eg ister . Sec. 9, SE1,^. (Secs. 201 (v ), 511, 701, 52 Stat. 1055, as (5 U.S.C. 301, 39 U.S.C. 501) The tract described contains 160 acres amended, 79 Stat. 227 et seq.; 21 U.S.C. T im o t h y J. M a y , 321 (V ), in Jackson County. 360a, 371.) • General Counsel. 2. At 10 a.m. on January 4, 1968, the Dated: November 28,1967. N o v e m b e r 30,1967. lands shall be open to such forms of dis­ Ja m e s L. G oddard, [F.R. Doc. 67-14189; Piled, Dec. 5, 1967; position as may by law be made of re­ Commissioner of Food and Drugs. 8:46 a.m.] vested Oregon and California Railroad [F.R. Doc. 67-14219; Piled, Dec. 5, 1967; Grant lands. 8:45 a.m.] PART 742— CODE OF ETHICAL H arry R . A n d e r s o n , CONDUCT Assistant Secretary of the Interior. Other Conduct by Employee; Solic­ N o v em ber , 29, 1967. Title 26-INTERNAL REVENUE iting or Canvassing [F.R. Doc. 67-14183; Filed, Dec. 5, 1967; 8:45 a.m.] Chapter I— Internal Revenue Service, Section 742.735-29(f) (1) is revised to Department of the Treasury clarify the regulations concerning the [Public Land Order 4331] SUBCHAPTER A— INCOME TAX soliciting or canvassing of rural mail carriers. These regulations were ap­ [Nevada 044346] [T.D. 6937] proved by the Civil Service Commission PART 1—-INCOME; TAXABLE YEARS on November 1, 1967, and are ef­ NEVADA BEGINNING AFTER DECEMBER 31, fective upon publication in the F ederal Revocation of National Forest Ad­ R e g ister . 1953 ministrative Site Withdrawal § 742.735—29 Other conduct by em­ Prepaid Dues Income of Certain ployee. By virtue of the authority vested in the Membership Organizations * * * * * President and pursuant to Executive Order No. 10355 of M ay 26, 1952 (17 F.R. Correction (f) Soliciting or canvassing. ( 1) Rural 4831), it is ordered as follows: carriers when on duty shall not solicit In F.R. Doc. 67-13999, appearing at 1. Public Land Order No. 1796 of Feb­ business or receive orders for any per­ page 16393 of the issue for Thursday, ruary 19, 1959, as corrected by Public son. W hether on or off duty they shall November 30,1967, the following correc­ Land Order No. 2764 of August 28, 1962, not engage in any business which, by tions should be m ade: withdrawing national forest lands as ad­ reason of their official employment, will ministrative sites, is hereby revoked so 1. In the 19th line of § 1.456-2 (c ), the give them an advantage over others not far as it affects the following described date “February 28, 1967” is corrected to in the Postal Service who are engaged read “February 28,1968”. lands: in a similar business. Substitute rural M o u n t D ia b l o M e r id ia n 2. In the 15th line of § 1.456-6(b), the carriers when on duty shall not solicit HUMBOLDT NATIONAL FOREST date “February 28, 1967” is corrected to business or receive orders for any person. read “February 28,1968”. * * * * * Mary’s River Pasture Administrative Site N o t e : The corresponding Postal Manual T. 44 N., R. 58 E., section is 742.296a. Sec. 23, Wi/2SW^4NEi4 , WVaNW^SE^, NE % SW 1,4, S E ^ N W % . - (5 U.S.C. 301, 39 U.S.C. 501, Executive Order Title 39— POSTAL SERVICE 11222) Camp Creek Pasture Administrative Site Chapter I— Post Office Department T im o t h y J. M a y , T. 44 N., R. 59 E., General Counsel. Sec. 2, lot 2. PART 123— ADDRESSES N ovem ber 30,1967. The areas described aggregate 160.15 Mailing List Services [F.R. Doc. 67-14190; Filed, Dec. 5, 1967; acres in Elko County. In § 123.5, paragraph (b ) is amended 8:46 ajn .] 2. At 10 a.m. on January 4, 1968, the to conform to Part 113 of this chapter lands shall be open to such forms of dis­ regarding information on the Postal position as may by law be made of na­ Service and records relating to the op­ tional forest lands. eration of the Department. Title 43— PUBLIC LANDS: H ar r y R . A n d e r s o n , 8 123.5 Mailing list services. INTERIOR Assistant Secretary of the Interior. * * * * * N ovem ber 29, 1967. (b) Furnishing address changes to Chapter II— Bureau of Land Manage­ [F.R. Doc> 67-14184; Filed, Dec. 5, 1967; election boards and Registration Com ­ ment, Department of the Interior 8:45 a.m.] missions. Residential change-of-address information is available to duly consti­ APPENDIX— PUBLIC LAND ORDERS tuted election boards of registration [ Public Land Order 4330 ] [Public Land Order 4332] ommissions using permanent registra- [Oregon 015886] [Fairbanks 019618] A1.on’ at a cost of 5 cents for each change- -address Form 3575 notwithstanding OREGON ALASKA ne schedule of fees in section 113.5 of Partial Revocation of Air Navigation Withdrawal for Federal Aviation «ns chapter. An election board or regis- Agency Facilities; Partial Revoca­ aon commission desiring this infor- Site Withdrawal No. 31 tion of Air Navigation Site With­ wriH°n mus^ submit to the postmaster a By virtue of the authority contained in nffio- i reques^ signed by an authorized section 4 of the act of M ay 24, 1928 (45 drawal tho« Postmaster shall transmit Stat. 729; 49 U.S.C. 214), it is ordered as By virtue of the authority contained CQuest to the Regional Director for follows: in section 4 of the act of May 24, 1928

No. 235----- 3 FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17480 RULES AND REGULATIONS

(45 Stat. 729; 49 U.S.C. 214), it is ordered the following described lands for a road of any failure to exact a charge. We are not as follows: right-of-way, is hereby revoked: advised of any Commission elucidation. We 1. Subject to valid existing rights, the think it is in the interests of sound judicial C ordova administraton to stay the proceedng pending following described lands are hereby Tract A. A strip of land 200 feet in width the Commission’s further consideration and withdrawn from all forms of appropria­ being 100 feet on each side of the centerline express clarification of the rule. tion under the public land laws, including of the former Copper River and Northwestern the mining laws (30 U.S.C., Ch. 2 ), but Railroad commencing on the west boundary Upon further consideration, in view of not from leasing under the mineral leas­ of U.S. Survey No. 1434 A, thence easterly to the various objections to the amendment ing laws, for the maintenance^ of a the east boundary of U.S. Survey No. 1765, and in view of the apparent confusion Federal Aviation Agency air navigation Tract B. A strip of land 200 feet in width concerning the purpose and necessity of being 100 feet on each side of the centerline facility: the amendment, the Commission is of of the former Copper River and Northwestern the opinion that the amendment is not F a ir b a n k s M e r id ia n Railroad commencing where said former necessary for the effective regulation of T. IS ., R .3W ., railroad crosses the line between the north the ocean freight forwarding industry. Sec. 16, Ey2SW%SW%NWi/4, W^SE^SWV4 quarter corner and the south quarter corner NW}4, NE&NW&NWiASW1/^ of protracted sec. 32, T. 15 S., R. 2 W., C.R.M., Therefore, it is ordered, That the Octo­ thence southeasterly to Station 686+41.4 ber 22, 1966, amendment to § 510.22(a) Containing 12.5 acres. or mile 13 on said former railroad. o f Title 46 C FR (31 F.R. 13650) is hereby 2. Air Navigation Site Withdrawal No. revoked and the provisions of § 510.22(a) The areas described aggregate approx­ 17, Alaska, of October 27, 1958, so far as as they appeared prior to said amend­ imately 167 acres, of which Tract A and it reserved the following described lands ment will have full force and effect. for use of the Civil Aeronautics Admin­ approximately 30 acres in Tract B, are B y the Commission. istration, now the Federal Aviation nonpublic lands. The remainder is in the Chugach National Forest. Agency, is hereby revoked: [ s e a l ] T hom as L isi, 2. At 10 a.m. on January 4, 1968, the Secretary. F a ir b a n k s A rea national forest lands described in this T. 1 S., R. 3 W., Fairbanks Meridian (un­ order shall be open to such forms of dis­ [FJt. Doc. 67-14214; Filed, Dec. 5, 1967; 8:48 a.m.] surveyed), sec. 16, Si/2SW % N W % , Ny2 position as may by law be made of such NW%SWV4, Si/aSE^NW^ (those portions lands. lying north and west of the Fairbanks H ar r y R . A n d e r s o n , Nenana Road). Assistant Secretary of the Interior. Containing approximately 17 acres. Title 49— TRANSPORTATION N o vem ber 29, 1967. 3. Until 10 a.m. on February 29, 1968, Chapter I— Interstate Commerce Com­ the State of Alaska shall have a pre­ [F.R. Doc. 67-14186; Filed, Dec. 5, 1967; 8:45 a.m.] mission and Department of Trans­ ferred right to select the lands released portation from withdrawal by paragraph 2 of this order which are not included in the with­ PART 890— ADMINISTRATION OF drawal made by paragraph 1, as provided ALASKA RAILROADS by section 6 (g) of the Alaska Statehood Title 46— SHIPPING Act of July 7, 1958 (72 Stat. 339), and Chapter IV— Federal Maritime Transfer of Regulations to Depart­ the regulations in 43 CFR 2222.9. After Commission ment of Transportation that time the lands shall be open to the By virtue of the authority vested in operation of the public land laws gener­ SUBCHAPTER B— REGULATIONS AFFECTING MAR­ me as Administrator, Federal Railroad ally, including the mining laws, subject ITIME CARRIERS AND RELATED ACTIVITIES Administration, by section 6(i) of the to valid existing rights, the provisions of [General Order 4, Arndt. 10; Docket No. 66-31] Department of Transportation Act (80 existing withdrawals, and the require­ Stat. 941, 49 U.S.C. 1655) and Part 1 of ments of applicable law. All valid appli­ PART 510— LICENSING OF INDEPEND­ the regulations of the Office of the Sec­ cations received at or prior to 10 a.m. on ENT OCEAN FREIGHT FORWARDERS retary of Transportation (49 CFR Part February 29, 1968, shall be considered as 1), the text of 49 C FR Part 1200 is hereby simultaneously filed at that time. Those Subpart B— Duties and Obligations transferred to 49 CFR Part 890. In this received thereafter shall be considered O c e a n g o ing C o m m o n C arriers and P er­ transfer the part number forming the in the order of filing. s o n s S h ip p in g for O w n A c c o u n t portion of the section numbers preceding 4. The lands have been open to appli­ On October 22, 1966, the Commission the decimal point is changed from “1200” cations and offers under the mineral to “890”. No change is made in the bal­ leasing laws. published in the F ederal R egister (31 F.R. 13650), inter alia, an amendment to ance of the section numbers following the Inquiries concerning the lands should § 510.22(a) of General Order 4 (46 C FR decimal point. References in other regu­ be addressed to the Manager, Bureau of 510.22(a)). The amendment required lations to 49 C FR Part 1200 hereafter Land Management, Fairbanks District ocean carriers who wished to perform shall be amended to refer to regulations and Land Office, Fairbanks, Alaska. free ocean freight forwarding services on in 49 C FR Part 890. H ar r y R . A n d e r s o n , cargo carried under their own bill of (80 Stat. 941, 49 U.S.C. 1655) Assistant Secretary of the Interior. lading to specify such services in their /Issued in Washington, D.C. on Novem­ tariff. N ovem ber 29, 1967. ber 29,1967. The effective date of this amendment A. S cheffer Lang, [F.R. Doc. 67-14185; Filed, Dec. 5, 1967; was subsequently stayed by the U.S. Administrator. 8:45 a.m.] Court of Appeals, District of Columbia Circuit (Apr. 14, 1967), upon petition by [F.R. Doc. 67-14202; Filed, Dec. 5, 1967, New York Foreign Freight Forwarders 8:47 a.m.] [Public Laud Order 4333] and Brokers Association, Inc. Chapter II— Alaska Railroad, [Anchorage 3347] Subsequently, on October 10, 1967, the Department of the Interior ALASKA Court of Appeals further stayed the pro­ ceeding pending the Commission’s fur­ PART 1200— ADMINISTRATION OF Partial Revocation of Public Land ther consideration and express clarifica­ ALASKA RAILROADS Order No. 334 tion of the rule. The Court stated: Transfer of Regulations to Depart­ By virtue of the authority vested in Petitioner contends that this rule oper­ ates as a general approval, by Implication, ment of Transportation the President and pursuant to Executive of performance by carriers of forwarding C ross R e f e r e n c e : For transfer of Order No. 10355 of M ay 26,1952 (17 F.R. services without extra charge. Intervenor 4831), it is ordered as follows: contends that the rule only seeks informa­ regulations in Title 49, Chapter IL 1. Public Land Order No. 334 of De­ tion as to charges made (or not made) and 1200, to Title 49, Chapter I, Part »» * cember, 19, 1946, so fa r as it withdrew implied no approval of amounts charged or see F.R. Doc. 67-14202, supra.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 RULES AND REGULATIONS 17481

areas, comprising 500 acres, are deline­ Title 50— WILDLIFE AND ated on maps available at refuge head­ quarters and from the office of the R e­ FISHERIES gional Director, Bureau of Sport Fisher­ ies and W ildlife, U.S. Post Office and Chapter I— Bureau of Sport Fisheries Courthouse, Boston, Mass. 02109. Sport and Wildlife, Fish and Wildlife fishing shall be in accordance with all Service, Department of the Interior applicable State regulations subject to the following special condition: PART 33— SPORT FISHING (1) The use of boats without motors Moosehorn National Wildlife Refuge, is permitted. Maine The provisions of this special regula­ tion supplement the regulations which The following special regulation is is­ govern fishing on wildlife refuge areas sued and is effective on date of publica­ tion in the F ederal R eg ister . generally which are set forth in Title 50, Part 33, and are effective through De­ § 33.5 Special régulations: sport fish­ ing, for individual wildlife refuge cember 31,1968. areas. E u g e n e E. C r a w fo r d , M a in e Acting Regional Director, Bu­ MOOSEHORN NATIONAL WILDLIFE REFUGE reau of Sport Fisheries and Wildlife. Sport fishing on the Moosehorn Na­ tional Wildlife Refuge, Calais, Maine, is N o v e m b e r 20, 1967. permitted on the areas designated by [F.R. Doc. 67-14182; Filed, Dec. 5, 1967; signs as open to fishing. These open 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17482 Proposed Rule Making

relevant and material to the issues set cials have indicated need for a peanut DEPARTMENT OF HEALTH, EDUCA­ forth in that notice, and also announc­ butter standard. If a Federal definition ing a prehearing conference to begin and standard of identity is not promul­ TION, AND WELFARE October 4,1965, for certain specified pur­ gated, these officials will seriously con­ poses. A notice rescheduling the date of sider recommending the adoption of Food and Drug Administration the hearing and announcing a second individual State standards of identity for [ 21 CFR Part 46 1 prehearing conference was published in peanut butter. (R. 743, 746, 748, 74S) the F ederal R egister of October 12,1965 751,1231, 1233) [Docket No. FDC-76J (30 F.R. 12949). The second prehearing 5. In 1959 the Peanut Butter Manufac­ PEANUT BUTTER conference was to begin on October 20, turers Association adopted a position 1965, and was completed on that date. opposing a standard in any form. Certain Definitions and Standards of Identity; As rescheduled, the public hearing be­ manufacturers of peanut butter, includ­ Proposed Findings of Fact and gan on November 1,1965, and the taking ing some who are members of the Asso­ Tentative Order of testimony concluded on March 15, ciation, do not support the position of 1966. the Association and express the opinion In the matter of establishing defini­ On the basis of the evidence received that a definition and standard of iden­ tions and standards of identity for pea­ at the hearing, and pursuant to the au­ tity for peanut butter is needed. (R. 1175, nut butter: thority vested in the Secretary of Health, 1590, 1670, 1813, 1816, 1817, 1826, 1828, A notice of proposed rulemaking was Education, and Welfare by the provisions 1854, 1858, 1918, 1919, 2011, 2014, 2020, published in the F ederal R egister of of the Federal Food, Drug, and Cosmetic 2025, 2044, 2048, 2164, 2581, 3123, 3295, July 2, 1959 (24 F.R. 5391), setting forth Act (secs. 401, 701, 52 Stat. 1046, 1055, 5919; Ex. 10A, 10B, 10C, 40,41, 83) a proposal by the Commissioner of Food as amended 70 Stat. 919, 72 Stat. 948; 6. The manufacture of peanut butter and Drugs to establish a definition and 21 U.S.C. 341, 371) and delegated by him dates back at least to 1890. It has com­ standard of identity for peanut butter. to the Commissioner (21 C FR 2.120), and monly been made from peanuts, salt, and, Based upon views and comments received after consideration of the written argu­ sometimes, sugar. Peanut butter so and other information available at that ments and suggested findings, which are made, sometimes referred to as “old- time, the Commissioner published in the adopted in part and rejected in part as fashioned” peanut butter, was as re­ F ederal R egister of November 28, 1961 is apparent from the detailed findings cently as 1941 the predominant type sold. (26 F.R. 11209), an order establishing a herein made, it is proposed that the fol­ “Old-fashioned” peanut butter had the definition and standard of identity for lowing order be issued: disadvantages of oil separation, difficulty this food. Thereafter, objections were Findings of fact.1— 1. Standards of in remixing, stickiness, graininess, lack filed in accordance with the provisions identity are intended to establish or of spreadability, development of rancid­ of section 701(e) (2) of the Federal Food, define what a food product is and what ity, and short shelf-life. It was usually Drug, and Cosmetic Act, and the Com­ a consumer expects to receive when he made by numerous manufacturers for missioner published an order in the F ed­ selects the food by its common or usual relatively local distribution. (R. 342,4097, e r a l R egister of February 1, 1962 (27 naiile. (R . 2965, 2966; Ex. 51) 4098, 4101, 4393, 4394, 4898, 4899) F.R. 943), staying the effective date of 2. Peanut butter in the past has been 7. Research and development affecting the standard in its entirety. Subse­ identified in the public mind as an article the characteristics of peanut butter have quently, additional information was re­ made essentially from ground peanuts been aimed at preventing separation of ceived, and the Commissioner published and seasoning. In 1959 the Food and oil, eliminating stickiness, increasing a proposed revision of the identity stand­ Drug Administration became aware of spreadability, and achieving stability ard for peanut butter in the F ederal a trend by some manufacturers to reduce against temperature changes an d shocks R egister of November 10, 1964 (29 F.R. the peanut content of peanut butter. in transportation. From 1921 onward 15173), and solicited the views and com­ Three surveys conducted by the Food and there is record of the introduction of var­ ments of all interested persons on that D rug Administration in I960, 1963, and ious stabilizing and seasoning ingred­ revision. Many comments were filed by 1965 confirmed this trend. The changes ients of peanut butter. These included interested persons— manufacturers of in formulation that resulted in a decrease hydrogenated oils, solid fats or oils, peanut butter, ingredient suppliers, coop­ of peanuts in peanut butter were not mono- and diglycerides, lecithin, sugar, erative associations, regulatory officials, always intended for the benefit of the dextrose, corn sirup, and honey. Such nutritionists, consumer associations, and consumer, nor was the consumer made changes in formulation we're sometimes individual consumers._ aware of the extent of these changes. accompanied by changes in machinery Based upon the comments received (R. 674, 692, 693, 785, 786, 808, 854, 1733; and manufacturing techniques. These and other relevant information, the Ex. 14, 14A, 39, 39D, 40, 40A) developments have made it possible to Commissioner again published an order 3. There is a widespread lack of in­ distribute peanut butter nationally in­ in the F ederal R egister of July 8, 1965 formation among consumers concerning stead of just locally. (R. 342-47, 405, (30 F.R. 8626), establishing a definition the actual composition of peanut butter. 2175, 2176, 3181, 3440, 4266, 4395, 4900, and standard of identity for peanut Many consumers and consumer groups 4916; Ex. 28, 29, 30, 75, 98, 99A, 99B) butter. Objections were filed in accord­ ¡have stated that there is a need for a 8. Soine optional ingredients are used ance with the provisions of section 701 standard of identity for peanut butter. in place of peanuts to make a more ac­ (e) ( 2) of the act and a public hearing Other consumers believe that a standard ceptable product for the benefit of con­ was requested. The Commissioner pub­ has already been established and is in sumers or because they are cheaper than ; lished an order in the F ederal R egister effect. (R. 738,739, 2394, 4724, 4725, 4751, peanuts and their use w ould allow the of September 4, 1965 (30 F.R. 11349), 6170; Ex. 11 A, 22B, 106,118) manufacturer a competitive advantage staying the effective date of the standard 4. State food and drug agencies have in its entirety pending a resolution of received complaints concerning additives in the market or both. (R. 1018, 101 < ; the issues at a public hearing. used in peanut butter, and the State offi- 1175, 1479, 1498, 1499, 1503, 1518, In the F ederal R egister of September 1678, 17 18, 18 17, 1826, 1835, 1836, 2025, 18, 1965 (30 F.R. 11970), the Commis­ 1 The citations following each finding of 2048, 2050, 2165, 2582-2584, 3203, 3514, i sioner published a notice announcing a fact refer to the pages of the transcript of 3975, 4125, 4422, 5445, 5919; Ex. 14, 14A j public hearing to begin October 18, 1965, testimony and the exhibits received in for the purpose of receiving evidence evidence at the hearing. 40,40A)

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 PROPOSED RULE MAKING 17483

9. At the present time, stabilized pea­ 17. Some manufacturers who now use 25. Hydrogenated vegetable oils differ nut butter has largely displaced un­ a large percentage of sweetening ingre­ chemically in a number of respects from stabilized or old-fashioned peanut butter dient have in the past produced a satis­ their source oils. Hydrogenated oils con­ in the market place. The sale of stabil­ factory peanut butter containing 90 per­ tain a higher percentage of saturated ized peanut butter is increasing faster cent or more of peanuts by using a fatty acids and a lower percentage of un­ than that of unstabilized. (R. 382, 3183, smaller amount of a sweetner of greater saturated fatty acids than their source 3185, 3444) sweetening strength. This was produced oils, the amount of difference depending 10. Industry practices by both large using the same equipment now in use and on the extent of hydrogenation. Hydro­ and small manufacturers should be con­ the product so made would have been in genation also changes some of the minor sidered in promulgating a standard of compliance with the stayed standard of constituents occurring in the unsaponi- identity, but a definition and standard July 8, 1965. (R. 3199, 3200, 3635, 3664, fiable fractions of certain oils. (R. 2646, .of identity need not embrace all exist­ 3702, 3703, 3710, 5405, 5457, 5492, 5498, 2648, 4935, 4936) ing industry practices. (R. 848, 2191, 5499; Ex. 14, 39, 40) 26. One of the more widely sold brands 2628) ; 18. Some manufacturers produce pea­ of peanut butter contains less than 10 11. Some manufacturers do not con­ nut butter containing more than 10 per­ percent total optional ingredients, but does not conform to the stayed standard sider the stayed standard of July 8, cent optional ingredients, the excess of July , 1965, because it contains more 1965, reasonable because it does not en­ being largely due to the percentage of 8 than 3 percent of a blend of partially compass their products which employ hydrogenated oil stabilizer used. (R. 438, hydrogenated oils of nonpeanut origin. more than 10 percent total optional in­ 2013, 3436, 4279; Ex. 14, 39, 40) With respect to this product there was gredients. (R. 3189, 3448, 3613,5412) 19. In 1962 the oil content of ground roasted peanuts used for manufacture testimony that 3 percent of a more fully 12. In surveys conducted by the Pood hydrogenated stabilizer would prevent and Drug Administration in 1963 and of peanut butter was found by a manu­ facturer to range in the case of Runner oil separation but would not give the 1965, it was found that a majority of the other desired characteristics in this prod­ manufacturers from whom data were variety from 49 to 55 percent; in the uct such as stability and absence of a obtained produced only peanut butter case of Spanish variety from 45 to 56 percent; and in the case of Virginia waxy feel in the mouth. (R. 4909, 4910, containing 90 percent or more of pea­ 4920,4927,5134) nuts and that others were making part variety from 45 to 52 percent. A survey conducted by the Food and Drug Admin­ 27. It was testified that a limitation of of their production in this range. (R. not over 3 percent of hydrogenated vege­ 1160,1171-72; Ex. 14,40) istration in 1960 yielded results closely similar to these. (R. 3758, 3759; Ex. 19) table oils other than hydrogenated pea­ 13. Some manufacturers changed their 20. Removal of oil from the peanut nut oil in peanut butter is unnecessary. formulations and began using more than ingredient is sometimes practiced in the Products having a preferred combina­ 10 percent optional ingredients after manufacture of peanut butter, and this tion of properties (stability against oil the Peanut Butter M anufacturers As­ removal of oil is said to be needed with separation and against change in con­ sociation took a position that if a stand­ extremely oily peanuts. (R. 495, 899-900, sistency with temperature; spreadability ard is established it should permit 13 1321, 2080, 2166, 2584, 3082; Ex. 7) and freedom from stickiness) were as­ percent optional ingredients. (R. 3684- 21. The stayed standard of July 8, serted to require the use of partially 3690; Ex. 14, 39, 40) 1965, set a limit of not more than 55 hydrogenated oils or oils hydrogenated 14. Many manufacturers that have percent total fat in the finished peanut to various degrees, other than hydro­ produced or are producing peanut butter butter because this was deemed sufficient genated peanut oil, in amounts more containing 87 percent or less of peanuts to provide for peanut butter that might than 3 percent but not more than 10 have in the past produced or are pres­ be made from peanuts naturally high in percent of the food. Hydrogenated and ently producing hundreds of millions of oil, even with no other ingredient. (R. partially hydrogenated oils such as cot­ pounds of peanut butter containing 90 3082; Ex. 7) tonseed oil are used as source oils for percent or more of peanuts. (R. 438, 3439, 22. Some manufacturers have added the manufacture of mono- and diglycer­ 3442, 3659, 4897, 4988, 5457, 5563, 5916, unhydrogenated peanut oil or other un­ ides which, under the stayed standard 5917; Ex. 14,39, 40) hydrogenated vegetable oils to compen­ of July 8, 1965, may be used in any 15. Some manufacturers do not meet sate for deficiency in oil content of the amount up to the limit for total optional the requirements of the stayed standard peanut ingredient. Addition of oil is ingredients; namely, 10 percent of the of July 8, 1965, in that they exceed the needed only with peanuts that are char­ food. (R . 2640, 3436, 3447, 4910, 4920, 10 percent limitation on total optional acteristically low in oil content. Oils 4927, 4928, 4937, 5134, 5149) ingredients due to use of large amounts other than peanut oil are foreign to the 28. Hydrogenated vegetable oils used of a sweetening ingredient lower in peanut ingredient, and only peanut oil as stabilizing ingredients in peanut but­ sweetening potency than other suitable is suitable for this adjustment. (R. 495, ter are decolorized and deodorized after sweetening ingredients. (R. 3181, 5410; 899-900,1321,1671, 1680;1754,1837, 2050, hydrogenation and are substantially free Ex. 14,39,40) 2080, 2166, 2584, 3196, 5020, 5970, 5974- from any characteristic flavor. Such re­ 16. Sweetening ingredients commonly 75; Ex. 7, 14, 40) fining also reduces the content of un- used in peanut butter are sucrose, dex­ 23. The amount of stabilizer needed saponifiable matter. Peanut butter made trose, com sirup, corn sirup solids, m alt- depends on the amount of free oil in the with a stabilizer derived from peanut oil odextrins, and honey. Sweeteners differ peanut butter system whether that free does not have a flavor different from one : “ sweetening strength; sucrose, dex­ oil is from the peanuts or is added pea­ made with the same amount of a stabi­ trose, corn sirup, and maltodextrins nut oil. Peanut butter made from peanuts lizer derived from nonpeanut oil sources. differ in sweetness in that descending with a high oil content might require (R. 2685,4941) v order. Amounts of dextrose or com sirup more stabilizer than that made from 29. Hydrogenation of vegetable oils that have been used range up to 9 percent peanuts of lower oil content, depending changes their identity so that they can ■ P « furnished peanut butter and m alt- on the characteristics desired by the no longer be considered the respective odextrins have been used in amounts as manufacturer. (R. 2615,2616,5143) source oils. They may retain many of great as 14 percent. Surveys conducted 24. Hydrogenated vegetable oils differ their original properties but they are iLo e Food and Drug Administration in physically from their source oils. In pro­ not the same. (R. 391, 408, 409, 413, 418, ; r»63 and 1965 showed that some peanut portion to the degree of hydrogenation, 521, 1303, 2646) i, outter manufacturers had changed to they are less fluid at ordinary tempera­ 30. The medical literature does not urger amounts of sweetner that they had tures and have higher melting points show that fats and oils are generally con­ previously used and thereby reduced the than their source oils. Partially and fully sidered by allergists as foods likely to p anut content of their products. In some hydrogenated oils range in form from cause allergic responses. (R. 7466) , ®es a sweetener was replaced with a white plastic substances to white solids 31. The various hydrogenated vege­ mount of a less potent sweetener. which may in some cases be hard enough table oils used as stabilizing ingredients ” 2-47, 1817, 2021, 2026, 2047, 3181, to be flaked or granulated. (R. 2645, in peanut butter are alike in nutritional ip 8 2 ,5406; Ex. 14, 40) 2646, 4935) value. From the nutritional standpoint

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17484 PROPOSED RULE MAKING there is no need to specify on labels the 39. The tocopherols naturally present named in the standard. (R. 2083, 2569 source of a hydrogenated oil in peanut in peanuts have an antioxidant effect. 3894, 6810) butter. (R . 4023, 4024, 4032, 5601) (R . 2653, 2783) 49. A product containing 75 percent 32. Hydrogenated vegetable oils used 40. It would not be in the interest of ground roasted peanuts was for about in peanut butter stabilizers are so consumers to provide for addition of 3 years, ending in 1961, manufactured changed in physical and chemical char­ artificial sweeteners to a high calorie and sold as “peanut spread.” Thereafter acteristics from the source oils that it is food such as peanut butter. The use of its formulation was changed so that it appropriate to designate them as “hy­ artificial sweeteners to replace nutritive contained over 90 percent peanuts and it drogenated (or hardened) vegetable sweeteners in peanut butter would ac­ was sold as peanut butter. There was oils” rather than to identify the source tually increase its caloric content and testimony that products containing less oils. In composition and physical attri­ lead to consumer deception. (R. 1101, peanuts than are prescribed by a stand­ butes they resemble each other more 3957) ard for peanut butter should be desig­ closely than they do their respective 41. Artificial color could be used to nated by another name such as “peanut source oils. (R. 4934-37) conceal inferiority in peanut butter. (R. spread.” There was also testimony that 33. Sucrose is purified by recrystalli­ 1318, 5905) standards for peanut products closely zation and is identical whether produced 42. A peanut butter product contain­ resembling each other, under different from cane or beets. No need has been ing artificial flavor is not peanut butter. names, would cause confusion and not be shown for requiring its source to be Peanut butter has a distinctive flavor in the consumer’s interest. In the testi­ shown on labels of peanut butter. of its own and there is no reason to mony favoring a standard for a product (R. 2251-52) alter its flavor by the addition of arti­ other than peanut butter, various levels 34. Stabilizing ingredients used in pea­ ficial flavoring. Artificial flavoring can of peanut content were proposed but nut butter include hydrogenated or par­ be used to conceal inferiority in peanut there was no testimony on other require­ tially hydrogenated peanut oil, hydroge­ butter. (R. 1098, 1675, 2627, 2628, 5904, ments of such a standard. (R. 456-57, nated or partially hydrogenated vegeta­ 5905, 6123) 582, 597, 1314,1676, 2089, 2189, 2190,2542, ble oils other than peanut oil, mono- and 43. Three government agencies—De­ 2584, 2626, 3128, 3485; Ex. 5, 11A, 49, diglycerides, glyceryl monostearate, lec­ partment of Agriculture, Veterans’ Ad­ 64) ithin, and hydroxylated lecithin. (R. 363, ministration, and Department of De­ 50. Ingredients used in peanut butter 405, 716, 1172, 1173, 2652, 3164, 4909, fense— puchase approximately 47 mil­ must not only be safe but also m ust con­ 5145; Ex. 14, 40) lion pounds of peanut butter a year and, form to consumer understanding of the 35. Lecithin and hydroxylated lecithin except for the small amount purchased product and be suitable to promote are safe and suitable stabilizing ingre­ by the Department of Defehse for com­ honesty and fair dealing in the interest dients for peanut butter. (R. 725, 3164, bat rations, do not call for fortification of of consumers. To be suitable, an in­ 5145; Ex. 7) the peanut butter with vitamins because gredient must perform a useful function they conclude there is no nutritional 36. The stabilizing ingredient known and not cause deception. (R. 566-67, 575, justification for it. The Pood and Nutri­ as mono- and diglycerides is a safe and 1073,1074,1331) tion Board of the National Research 51. The only optional ingredients for suitable stabilizing ingredient for peanut Council in April of 1962 unanimously peanut butter that have been shown to butter. It is made by reacting fats or decided not to endorse the addition of perform a useful function and maintain fatty acids with glycerin. It may be made vitamins to peanut butter. (R. 626, 922, from any fat or oil, including partially the integrity of the food are seasoning 960, 1961, 1962, 2227, 2228, 2232; Ex. and stabilizing ingredients. (R. 1071-76; and fully Hydrogenated fats and oils. A 12,13,16) Ex. 14, 39, 40) typical product contains about 10 per­ 44. It is not the practice of peanut cent of unreacted triglycerides, the re­ Conclusions. On the basis of the fore­ butter manufacturers to add antioxi­ going findings of fact and giving con­ mainder consisting of approximately dants, artificial flavors, artificial sweet­ sideration to the weight of substantial equal amounts of monoglycerides and di­ eners, chemical preservatives, or color glycerides. Mono- and diglycerides are evidence of the entire record, the fol­ additives to peanut butter, nor is there effective stabilizing ingredients for pea­ lowing conclusions are drawn: any need, nutritional or other, for the 1. The promulgation of a reasonable nut butter when used in limited addition of these substances. (R. 605- definition and standard of identity for amounts; if too much is used the food 607, 632-634, 1101, 1102, 1107, 1108, 1112, peanut butter at this time w ill promote sets up too hard. The common name of 1128, 1675, 2078, 2079, 2163, 2164, 2579, honesty and fair dealing in the interest this ingredient and the name by which 2653, 3514, 3702, 4060, 4238, 4358, 4359, it should be designated on the label of of consumers. 5516, 5517, 5619, 5634, 5635 5636, 5904, 2. The definition and standard of peanut butter is “mono- and diglycer­ 5905; Ex. 14,15,16, 39, 40,73, 74) Identity, §46.1, as established by the ides.” (R. 839, 2282, 2748-49, 2785, 2928, 45. Wheat germ has been used as a order published in the F ederal R egister 4927, 5176; Ex. 7) seasoning ingredient in peanut butter in of July 8,1965 (30 F.R. 8626), and stayed 37. The stabilizing ingredient glyceryl amounts up to 5 percent of the finished by order of the Commissioner of Food monostearate, or monoglycerides, is a food and is a safe and suitable seasoning and Drugs published September 4, 1965 commercial product distinct from that ingredient for peanut butter. (R. 2081, (30 F H . 11349), will be reasonable and known as mono- and diglycerides, though 2082,6313,6331; Ex. 125) will promote honesty and fair dealing m chemically it belongs to the same class. 46. Confectionery items containing the interest of consumers if it is amended Technically, it is used in the same way ground roasted peanuts cannot be made to; and is subject to the same limitations on successfully from peanut butter suitable a. Remove the limitation in § 46.1(c) amount used (see finding 36). It is ob­ as a household spread. Such peanut but­ that not more than 3 percent of hydro­ tained by distillation from mono- and ter does not have the consistency re­ genated oils other than hydrogenated diglycerides and commonly contains at quired for the manufacture and handling peanut oil may be used as optional sta­ least 90 percent of monoglycerides of of such confections. (R. 3891, 3913, 6774, bilizing ingredients in peanut butter. saturated fatty acids, mainly stearic and 6789,6809) b. Provide that hydrogenated vegeta­ palmitic. Monoglycerides of this degree 47. A consumer buying a confection ble oils used as optional stabilizing in­ of purity when used as ingredients of pea­ containing ground peanuts with other gredients for peanut butter may d nut butter are appropriately designated ingredients knows he is buying a con­ designated on the label either by t on the label as “glyceryl monstearate” or fection and does not expect it to have names of their respective vegetawe as “monoglycerides.” (R. 2529, 2785-86, the characteristics or identity of the sources or as hydrogenated (or nar - 2928, 5193-94; Ex. 73, 74, 127A, 127B) spread known as peanut butter. (R. ened) vegetable oils. 38. Synthetic glycerin meeting TJ.S.P. 3892-94, 3924) 3. It is not necessary in order to P specifications is suitable for manufacture 48. The standard of identity for pea­ mote honesty and fair dealing m tne of mono- and diglycerides used as in­ nut butter should not be applicable to terest of consumers to specify, except and (eld).8® gredients of peanut butter. (R. 2731, confections that can be readily dis­ set forth in § 46.1 what 6754; Ex. 130A, 130B) tinguished by consumers from the article amended in this tentative order,

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 PROPOSED RULE MAKING 17485 stabilizing ingredients other than hydro­ (2) Unblanched peanuts, includingaccompanying briefs should be sub­ genated vegetable oils are suitable op­ the skins and germ. mitted in quintuplicate. tional ingredients for peanut butter as (c) The seasoning and stabilizing in­ Dated: November 29,1967. performing a useful function in its m an­ gredients referred to in paragraph (a) ufacture, or how they should be desig­ of this section are suitable substances W in t o n B . R a n k i n , nated on the label of this food. which are not food additives as defined Deputy Commissioner of 4. It will promote honesty and fair in section 201 (s) of the Federal Food, Food and Drugs. dealing in the interest of consumers for Drug, and Cosmetic Act, or if they are [F.R. Doc. 67-14222; Filed, Dec. 5, 1967; the definition and standard of identity of food additives as so defined, they are 8:48 ajn.] peanut butter to exclude as optional in­ used in conformity with regulations es­ gredients each and all of the following tablished pursuant-to section 409 of the substances: Antioxidants; vitamins A, act. Seasoning and stabilizing ingredi­ Bi, C, and D; artificial flavorings; arti­ ents that perform a useful function are DEPARTMENT OF ficial sweeteners; chemical preserva­ regarded as suitable, except that arti­ tives; and color additives. ficial flavorings, artificial sweeteners, TRANSPORTATION 5. Partially defatted wheat germ in chemical preservatives, added vitamins, amounts up to 5 percent of the finished and color additives are not suitable in­ Federal Aviation Administration food is a safe and suitable seasoning in­ gredients of peanut butter. Oil products [ 14 CFR Part 21 1 gredient for peanut butter. used as optional stabilizing ingredients 6. It is not necessary to amend the shall be hydrogenated^ vegetable oils. [Docket No. 8564; Notice No. 67—52] stayed standard for peanut butter to For the purposes of this section, hydro­ TYPE CERTIFICATES state specifically that it is not applicable genated vegetable oil shall be considered to confectionery items that may be com­ to include partially hydrogenated vege­ Designation of Applicable posed in part of peanut butter. The pea­ table oil. Regulations nut components of peanut confections (d) If peanut butter is prepared from are of necessity different from peanut unblanched peanuts as specified in para­ The Federal Aviation Administration butter in composition and physical char­ graph (b) (2 ) of this section, the name (FAA> is considering amending Part 21 acteristics. shall show that fact by some such state­ of the Federal Aviation Regulations 7. There is insufficient evidence of rec­ ment as “prepared from unblanched pea­ (FARs) with respect to the designation ord upon which to promulgate a defini­ nuts (skins left on).” Such statement of applicable regulations governing the tion and standard of identity for a food shall appear prominently and conspicu­ issue of type certificates. This proposal product made from ground peanuts hav­ ously and shall be in type of the same would clarify the effectivity date of regu­ ing a lower amount of peanut ingredient style and not less than half of the point lations applicable to the various cate­ than the minimum amount of peanut in­ size of that used for the words “peanut gories of aircraft, make provisions for gredient contained in peanut butter. butter.” This statement shall immedi­ extending the duration of applications 8. It would not promote honesty and ately precede or follow the words “pea­ for type certificates, and provide a basis fair dealing in the interest of consumers nut butter,” without intervening writ­ for type certification of certain older for the definition and standard of iden­ ten, printed, or graphic matter. import aircraft. tity for peanut butter to provide for the (e) (1) The label of peanut butter Interested persons are invited to par­ inclusion of any optional ingredients shall name, by their common names, the ticipate in the making of the proposed other than seasoning and stabilizing optional ingredients used, as provided rule by submitting such written data, ingredients. in paragraph (c) of this section. I f hy­ views, or arguments as they may desire. On the basis of the foregoing findings drogenated vegetable oil is used, the label Communications should identify the of fact and conclusions drawn therefrom, statement of optional ingredients shall docket or notice number and be sub­ it is concluded that it is reasonable and include the words “hydrogenated______mitted in duplicate to the Federal will promote honesty and fair dealing in ____ ,__oil” or “hardened ______Aviation Administration, Office of the the interest of consumers to establish a oil,” the blank being filled in either with General Counsel, Attention: Rules definition and standard of identity for the names of the Vegetable sources of Docket, 800 Independence Avenue SW., peanut butter as follows: the oil or, alternatively, with the word Washington, D.C. 20590. All communica­ §46.1 Peanut butter; identity; label “vegetable”; for example, “hydrogenated tions received on or before M arch 6,1968, statement o f optional ingredients. peanut oil” or “hardened peanut and cot­ will be considered by the Administrator before taking action upon the proposed (a) Peanut butter is the food prepared tonseed oils” or “hydrogenated vegetable oil.” rule. The proposal contained in this no­ by grinding one of the shelled and tice may be changed in the light of com­ (2) The common names of the op­ roasted peanut ingredients provided for ments received. A ll comments will be tional ingredients used, as provided in by paragraph (b ) of this section, to which available, both before and after the clos­ subparagraph ( 1) of this paragraph, may be added safe and suitable season­ ing date for comments, in the Rules shall be set forth on the principal dis­ ing and stabilizing ingredients provided Docket for examination by interested play panel or panels of the label with for by paragraph (c) of this section, but persons. such prominence and conspicuousness asv such seasoning and stabilizing ingredi­ With certain exceptions, paragraph to render them likely to be read and ents do not in the aggregate exceed 10 (a) of § 21.17 of the FARs presently re­ Percent of the weight of the finished understood by the ordinary individual under customary conditions of purchase quires an applicant for a type certificate, food. To the ground peanuts, cut or other than for restricted category, im­ and use. chopped, shelled, and roasted peanuts port, or surplus military aircraft, to show Any interested person whose appear­ may be added. During processing, the oil that the product concerned meets the ance was filed at the hearing may, within content of the peanut ingredient may be applicable airworthiness requirements adjusted by the addition or subtraction of 30 days from the date of publication of that are in effect on the date of appli­ this tentative order in the F ederal R eg­ Peanut oil. The fat content of the fin­ cation. The exclusion of restricted is t e r , file with the Hearing Clerk, De­ ished food shall not exceed 55 percent category, import and surplus military partment of Health, Education, and ™en determined as prescribed in section aircraft has been the subject of some Welfare, Room 5440, 330 Independence ¿5.004 Crude Fat— Official, First Action, misunderstanding and is misleading in Paragraph (a) Direct method, in “Offi­ Avenue SW., Washington, D.C. 20201, that currently effective requirements cial Methods of Analysis of the Associa- written exceptions thereto. Exceptions may apply in certain situations to these shall point out with particularity the al­ iiuu Official Agricultural Chemists,” three classes of aircraft. Furthermore, n>th Edition, page 412. leged errors in the findings of fact and with this exclusion in paragraph (a) of proposed order, and shall contain specific (b) The peanut ingredients referred to § 21.17 it is not clear whether the rules m Paragraph (a ) of this section are; references to the pages of the transcript of paragraphs (b) and Cc) of § 21.17 are Blanched peanuts, in which the of testimony or to the exhibits on which applicable to these three classes of air­ germ may or may not be included. the exceptions are based. Exceptions and craft.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17486 PROPOSED RULE MAKING

Section 21.17 is generally applicable to aircraft holding a foreign airworthiness “ (other than for restricted category, im­ the issue of all type certificates. Accord­ approval but for which a U.S. type cer­ port, or surplus military, aircraft)”. ingly, it is proposed to delete from para­ tificate has never been issued. Consid­ b. By amending paragraph (b) to graph (a) of § 21.17 the parenthetical erable interest is being shown by U.S. read as follows: citizens in owning, registering, and op­ expression “(other than for restricted (b) An application for type certifica­ erating these older foreign aircraft in category, import, or surplus military, tion of a transport category aircraft is the United States. aircraft).” The effect of this change effective for five years and an applica­ would be to make it clear that an aircraft Where an application for type certifi­ tion for any other type certificate is being type certificated in the restricted cation of import products is based on a effective for 3 years, unless an applicant category or as a surplus military or im­ showing of compliance with foreign air­ shows at the time of application that his port aircraft, must be shown to meet the worthiness standards, the present § 21.29 product requires a longer period of time applicable regulations in effect on the does not clearly identify the applicable for design, development, and testing, and date of application for the type certifi­ airworthiness requirements of the FARs i'jxe Administrator approves a longer cate unless compliance with later effec­ with which safety equivalency must be period. tive amendments is elected or required provided. It is clear that for a new for­ c. By redesignating paragraph (c) as under § 21.17 or compliance with earlier eign product not yet granted foreign air­ paragraph (d ) and adding a new para­ regulations is provided for in §§ 21.25, worthiness approval, the Administrator graph (c) to read as follows: 21.27, or 21.29. would prescribe other requirements to in­ (c) In a case where a type certificate The present paragraph (b) of § 21.17 sure a level of safety equivalent to the has not been issued, or it is clear that a states, in pertinent part, that the time applicable requirements of the FARs type certificate will not be issued, within limit of an application for type certifi­ effective on the date of application for the time limit established under para­ cation of a transport category aircraft the type certificate. On the other hand, for an older foreign product previously graph (b ) of this section, the applicant is 5 years, and for any other type cer­ may— tificate is 3 years. At the time this regu­ approved under a foreign airworthiness lation was adopted, the prescribed certificate, the FAA does not consider (1) File a new application for type periods were considered reasonable for that it is necessary in the interest of certificate and comply with all the pro­ the type certification process. However, safety to require a showing of compli­ visions of paragraph (a ) applicable to an original application; or today, the development of new complex ance with requirements designed to pro­ and ultralarge aircraft coupled with vide a level of safety equivalent to the (2) File for an extension of the origin­ radical advances in performance and current U.S. airworthiness standards. In al application and comply with the ap­ operation dictate the expenditure of this connection, by comparison, a prod­ plicable airworthiness requirements of relatively greater engineering effort over uct of older design manufactured in the this subchapter that were effective on a a longer period of time than was required United States may continue to be manu­ date, to be selected by the applicant, not of previous aircraft development pro­ factured and certificated on the basis of earlier than the date which precedes the grams. Therefore, it is proposed to amend compliance with U.S. standards that date of issue of the type certificate by the regulation to allow a longer effective were in effect on the date of application the time limit established under para­ period for an applicant who can show at for the type certificate. This proposal graph (b) for the original application. would provide parallel treatment for the the time of application that the design, § 21.29 [Amended] development, and testing of his product older foreign products that had pre­ 2. By amending paragraph (a)(1) to will require more than the prescribed 3 viously received airworthiness approval or 5 years. Moreover, with regard to an by the country of manufacture. read as follows: application for which the time limit has On the basis of the foregoing, it is pro­ (a ) A n applicant is entitled to a type run, an extension of the original appli­ posed to amend § 21.29 to make it clear certificate for a product manufactured cation would be allowed as an alternative that with the exception of import prod­ in a foreign country with which the to the current requirement for a new ap­ ucts previously granted foreign air­ United States has an agreement for the plication. In the case of an extension, worthiness approval, the applicable U.S. acceptance of those products for export however, compliance would not be shown airworthiness regulations referred to and import if— to regulations in effect on the date of the therein are those designated in § 21.17. (1) The country in which the product original application but rather a date, For import products previously granted was manufactured certifies that the prod­ selected by the applicant, not earlier a foreign airworthiness approval, the uct has been examined, tested, and than the date preceding actual issue of regulations would be changed to permit found to meet— the type certificate by the time limit of the issuance of a type certificate if the (i) The applicable airworthiness re­ the original application. This treatment country of manufacture certifies that quirements of this subchapter as desig­ of applications whose effectivity termi­ the product meets the applicable air­ nated in § 21.17; or nates prior to issue of the type certificate worthiness requirement of the foreign (ii) The applicable airworthiness re­ is covered in proposed new § 21.17(c). country of manufacture and any other quirements of the country in which the Present paragraph (c) would be redesig­ requirement prescribed by the Adminis­ product was manufactured and any other nated as paragraph (d ). trator to provide a level of safety equiv­ requirements the Administrator may Under the current § 21.29, an applicant alent to that provided by the applicable prescribe— for a type certificate for an import prod­ U.S. regulations that were In effect at (a ) To provide a level of safety equiva­ uct is entitled to that certificate if the the time of the original foreign airworthi­ lent to that provided by subdivision u) ness approval. The foreign approval, country of manufacture is a country with above; or whatever it may be termed by the which the United States has an agree­ (b ) If a foreign airworthiness certifi­ foreign country, is referred to in this ment for the acceptance of those prod­ cate has been issued for that product, to proposal as the “foreign airworthiness ucts for export and import and that provide a level of safety equivalent to certificate.” country certifies that the product meets that provided by the applicable U.S. air­ the applicable airworthiness require­ These amendments are proposed under worthiness requirements that were m ments of the FARs or the airworthiness the authority of sections 313(a), 601, effect at the time of issue of the foreign requirements of the country of m anufac­ and 603 of the Federal Aviation Act of ture and any other requirements the Ad­ 1958 (49 UJS.C. 1354, 1421, and 1423). airworthiness certificate; and ministrator may prescribe to provide a In consideration of the foregoing, it is ' Issued in Washington, D.C., on No­ level of safety equivalent to that provided proposed to amend part 21 of the Federal vember 29, 1967. by the applicable airworthiness require­ Aviation regulations as follows: R. S. S liff, Acting Director, ments of the FARs. The section is thus § 21.17 [Amended] oriented to new import products for Flight Standards Service. which U.S. type certification is sought 1. Section 21.17 Is amended as follows: [F.R. Doc. 67-14199; Filed, Dec. 5, 1967, under current U.S. standards. No specific a. By amending paragraph (a) by 8:46 a.m.] provision is made, however, for an older striking out the parenthetical expression

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 PROPOSED RULE MAKING 17487

[ 14 CFR Part 25 1 an airplane, it is considered more rea­ § 25.1001 Fuel jettisoning system. sonable to relate the need for a fuel jet­ [Docket No. 8563; Notice 67-51] (a) A reciprocating engine powered tisoning system to the climb performance airplane must have a fuel jettisoning sys­ FUEL JETTISONING SYSTEMS FOR of that airplane. The relevant climb re­ tem installed that meets the require­ quirements for the landing condition are TRANSPORT CATEGORY AIRPLANES ments of this section unless it is shown the all engine! operating landing climb that the airplane meets the climb re­ Notice of Proposed Rule Making and the one engine inoperative approach quirements of §§ 25.65(b) and 25.67(e) climb prescribed in §§ 25.65(b) and 25.67 The Federal Aviation Administration at the weight specified in paragraph (c ). is considering amending § 25.1001 of the (e) for reciprocating engine powered airplanes, and in §§ 25.119 and 25.121(d) (b) A turbine engine powered air­ Federal Aviation Regulations to revise plane must have a fuel jettisoning sys­ the criteria for fuel jettisoning systems. for turbine engine powered airplanes. Safety, therefore, dictates that an air­ tem installed that meets the require­ Interested persons are invited to par­ ments of this section unless it is shown ticipate in the making of the proposed plane must be at that weight during the approach and landing at which it can that the airplane meets the climb re­ rule by submitting such written data, quirements of §§25.119 and 25.121(d) views, and arguments as they may desire. meet the applicable climb requirements. Assuming the most unfavorable situation at the weight specified in paragraph Communications should identify the (c ). regulatory docket or notice number and involving a rapid go-around and a land­ (c) Compliance with the climb per­ be submitted in duplicate to the Federal ing at the airport of departure, an air­ formance requirements of paragraph Aviation Administration, Office of the plane without a fuel jettisoning system (a) or (b) of this section must be shown General Counsel, Attention: Rules would have to meet the climb require­ at a weight equal to the maximum take­ Docket, 800 Independence Avenue SW., ments at the maximum takeoff weight off weight less the actual or computed Washington, D.C. 20590. A ll communica­ less the weight of the fuel that would be weight of the fuel that would be con­ tions received on or before February 5, consumed by the engines during the go- sumed by the engines during a 15-minute 1968, will be considered by the Adminis­ around operation. Considering airport flight in which the airplane is involved in trator before taking action on the pro­ traffic conditions, the FAA believes that a takeoff, go-around, and landing at the posed rule. The proposals contained in a pilot should be able to complete a rapid this notice may be changed in the light go-around procedure in not more than airport of departure conducted in ac­ of comments received. A ll comments sub­ 15 minutes. Therefore, the regulation cordance with procedures established by mitted will be available, both before and would provide that if a fuel jettisoning the applicant Tor operation in service. after the closing date for comments, in system is required, it must be designed (d) For a reciprocating engine pow­ the Rules Docket for examination by so that it will jettison enough fuel within ered airplane, the fuel jettisoning system interested persons. 15 minutes to bring the maximum take­ must be designed so that it will jettison Under § 25.1001(a) o f the Federal off weight, less the weight of the fuel enough fuel within 15 minutes to bring Aviation regulations a fuel jettisoning that would be consumed by the engines, the weight specified in paragraph (c) system is a prerequisite to type certifica­ down to the weight at which the air­ down to the weight at which the airplane tion of a transport category airplane plane meets the applicable climb will meet the climb requirements of if its maximum takeoff weight is more requirements. §§ 25.65(b) and 25.67(e) assuming that than 105 percent of its maximum land­ In view of the foregoing, the FAA pro­ the fuel is jettisoned under the condition ing weight. If a fuel jettisoning system poses to amend § 25.1001 to require a fuel found least favorable during the flight is required, it must be able to jettison the jettisoning system on any airplane that test prescribed in paragraph (f) of this fuel at an average rate of 1 percent of cannot meet the specified approach and section. the maximum takeoff weight per minute, landing climb requirements at a weight (e) For a turbine engine powered air­ except that the time to jettison enough equal to its maximum takeoff weight less plane, the fuel jettisoning system must fuel to bring the takeoff weight down to the weight of the fuel that would be con­ be designed so that it will jettison enough the landing weight need not be less than sumed by the engines during a 15-minute fuel within 15 minutes to bring the 10 minutes. operation involving a takeoff, go-around weight specified in paragraph (c) down While the current fuel jettisoning re­ and landing at the airport of departure. to the weight at which the airplane will quirement has proven adequate for re­ I f a fuel jettisoning system is required, meet the climb requirements of §§ 25.- ciprocating engine powered airplanes, it it must be designed to jettison enough 119 and 25.121(d) assuming that the is not considered to be reasonable for .fuel within 15 minutes so that the air­ fuel is jettisoned under the condition turbine engine powered airplanes in view plane will be at that weight at which it found least favorable during the flight of the relatively rapid fuel bum -off rate can meet the specified climb require­ test prescribed in paragraph (f) of this associated with turbine engines. This ments, during the approach and landing. section. matter was discussed at the April 1966, In addition it is proposed to amend the (f) Fuel jettisoning must be demon­ PAA/Industry review o f the transport requirements of present paragraphs (c) strated beginning at maximum takeoff category airplane airworthiness require­ and (d) to make it clear that while the weight with flaps and landing gear up ments and the suggestions stemming system must provide a means to prevent and in— from that review have been considered jettisoning of the fuel in the tanks used (1) A power-off glide at 1.4V Sl; by the FAA in drafting this proposal. for takeoff and landing below the amount Service experience with airplanes cer­ specified in the present regulations if (2) A climb at the one-engine in­ tificated under the current regulations only one jettisoning control is provided, operative best rate-of-clim b speed, with and under the various exemptions to it may be designed so that the remaining the critical engine inoperative and the those regulations has shown that the fuel can be jettisoned by means of an remaining engines at maximum con­ tinuous power; and structural design requirements applicable auxiliary control which is independent t^ransibrt category airplanes provide of the main jettisoning control. (3) Level flight at 1.4VSj, if the results sufficient structural strength for land- This amendment is proposed under the of the tests in the condition specified in mp at weights up to the maximum take­ authority of sections 313(a), 601 and 603 subparagraphs ( 1) and (2 ) of this para­ off weight established for those airplanes, of the Federal Aviation Act of 1958 (49 graph show that this condition could however, at takeoff weights exceeding U.S.C. 1354(a), 1421, and 1423). be critical. u)5 percent of the landing weight, the In consideration of the foregoing, it is (g ) During the flight tests prescribed weight of the airplane that could exist proposed to amend § 25.1001 of the Fed­ in paragraph (f) of this section, it must curing the approach and landing stages eral Aviation Regulations by deleting be shown that— ■ olio wing a rapid go-around would sub- (1) The fuel jettisoning system and present paragraphs (a) through (d ), by Jf+u a®ecb the climb performance its operation are free from fire hazard; redesignating paragraphs (e), (f), and noi ?, ^Plane. Thus, rather than predi- (2) The fuel discharges clear of any te the installation of a fuel jettisoning (g) as paragraphs (j), (k), and <1), re­ part of the airplane; ystem on an arbitrary weight ratio be- spectively, and by adding new para­ (3) Fuel or fumes do not enter any een the takeoff and landing weights of graphs (a) through (i) to read as follows: parts of the airplane; and

FIDERAI REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 No. 235— . 4 17488 PROPOSED RULE MAKING

(4) The jettisoning operation does notapproach and departure paths. They ex­ Interested persons may participate in adversely affect the controllability of the tend upward from thè surface of the the proposed rule making by submitting airplane. earth without limit extending through such written data, views, or arguments (h) For reciprocating engine powered Federal airways and the continental con­ as they may desire. Communications airplanes, means must be provided to trol area. should identify the airspace docket prevent jettisoning the fuel in the tanks The primary function of control zones number and be submitted in triplicate used for takeoff and landing below the is to provide protected airspace for IFR to the Director, southern Region, Atten­ level allowing 45 minutes flight at 75 operations between the airport surface tion: Chief, Air Traffic Division, Federal percent maximum continuous power. and overlying controlled airspace. How­ Aviation Administration, Post Office Box However, if there is an auxiliary control ever, control zones also provide protected 20636, Atlanta, Ga. 30320. All communi­ independent of the main jettisoning con­ airspace for other local aircraft opera­ cations received within 45 days after publication of this notice in the F ederal trol, the system may be designed to tions. Regulations are in effect which R egister will be considered before ac­ jettison the remaining fuel by means of prohibit acrobatic flight or parachute tion is taken on the proposed amend­ the auxiliary jettisoning control. jumping within a control zone, or the operation of unmanned free balloons be­ ment. The proposal contained in this (i) For turbine engine powered air­ low 2,000 feet above the surface within notice may be changed in the light of planes, means must be provided to pre­ a control zone. In addition, special V F R comments received. vent jettisoning the fuel in the tanks operations are permitted only within A n official docket will be available for used for takeoff and landing below the control zones, and special V F R opera­ examination by interested persons at the level allowing climb from sea level to tions to or from “VFR-on-top” fre­ Federal Aviation Administration, Office 10,000 feet and thereafter allowing 45 quently require utilization of altitudes of the General Counsel, Attention: Rules minutes cruise at a speed for maximum above the base of control areas or transi­ Docket, 800 Independence Avenue SW., range. However, if there is an auxiliary tion areas. Washington, D.C. 20590. An informal control independent of the main jet­ There is no requirement or justifica­ docket also will be available for exam­ tisoning control, the system may be de­ tion for the existence of control zones ination at the office of the Regional Air signed to jettison the remaining fuel above the base of the continental control Traffic Division Chief. by means of the auxiliary jettisoning area. Using the base of the continental The Department of the Army has re­ control. control area as the control zone upper quested the FAA to designate additional * * * * . * limit would perpetuate the effect of ex­ restricted airspace adjacent to the south­ Issued in Washington, D.C., on Novem­ isting regulations regarding acrobatic east and the southwest boundaries of ber 29,1967. flight, parachuting, free balloon opera­ R-7103. The additional restricted air­ tions, and special V F R operations, but space is necessary to encompass the R. S. S l if f , would eliminate the unnecessary dupli­ larger flight pattern required for F-100, Acting Director, cation of controlled airspace at the ; Flight Standards Service. F-104, F-105, and the F-4 aircraft that higher levels. are being deployed to the Puerto Rico [F.R. Doc. 67-14196; Filed, Dec. 5, 1967; In consideration of the foregoing, it Air National Guard. 8:46 a.m ] is proposed to amend § 71.11 of the Restricted Area R-7103 was originally Federal Aviation regulations to read as designated to encompass ground-to- follows : [1 4 CFR Part 71 1 ground firing by the U.S. Army. In Feb­ §71.11 Control zones. ruary 1967, the Army entered into a mu­ [Docket No. 8562; Notice 67—50] The control zones listed in Subpart F tual agreement with the Puerto Rico Air CONTINENTAL CONTROL AREA consist of controlled airspace extending National Guard to permit use of R-7103 upward from the surface of the earth by F -86 aircraft in air-to-ground gun­ Control Zone Upper Limit and terminating at the base of the con­ nery. The present boundary of R-7103 does not permit the newer type aircraft The Federal Aviation Administration tinental control area. Control zones which do not underlie the continental to use this restricted area; however, the is considering an amendment to Part 71 control area have no upper limit. A con­ expanded area will permit safe gunnery of the Federal Aviation Regulations that trol zone may include one or more air­ patterns to be established for these air­ would establish a vertical limit to control ports and is normally a circular area craft. zones at the base of the continental con­ with a radius of 5 miles and any exten­ The proposed additional restricted air­ trol area. sions necessary to include instrument space would move the southern bound­ Interested persons are invited to par­ approach and departure paths. aries closer to the Salinas VFR airport. ticipate in the making of the proposed rule by submitting such written data, (Sec. 307, Federal Aviation Act of 1958; 49 To preclude any conflict with potential U.S.C. 1348) views, or arguments as they may desire. future airport expansion, the new re­ Communications should identify the Issued in Washington, D.C., on No­ stricted airspace will be evaluated after regulatory docket or notice number and vember 28, 1967. one year to determine the impact on the be submitted in duplicate to the Federal W il l ia m E. M or g an, Salinas airport in light of any changes in Aviation Administration, Office of the Acting Director, Air Traffic Service. the utilization of R-7103 and of the air- General Counsel, Attention: Rules Dock­ et, 800 Independence Avenue SW ., W ash ­ [F.R. Doc. 67-14198; Filed, Dec. 5, 1967; port. ington, D.C. 20590. All communications 8:46 a.m.] If action is taken to adopt this pro­ received on or before February 5, 1968, posal, the Salinas, JP.R., Restricted will be considered by the Administrator [1 4 CFR Part 73 ] Area R-7103 would be altered as follows. before taking action on the proposed R-7103 Sa l in a s , P.R. rule. The proposal contained in this [Airspace Docket No. 66-SO-90] notice may be changed in the light of RESTRICTED AREA SUBAREA A (SAME AS PRESENT R 7103' comments received. All comments sub­ Boundaries: Beginning at lat. mitted will be available, both before and Proposed Alteration r„ long. 66°14'35" W.; to lat. 18 01 16 after the closing date for comments, in ong. 66°15'14'' W.; to lat. 17°59 57 N., jo g- The Federal Aviation Administration the Rules Docket for examination by in­ 6°16'00" w .; to lat. 17°59'16 N-, is considering an amendment to Part 73 terested persons. 6°17'11" W.; to lat. 18o0i;00" N., of the Federal Aviation Regulations that ¡6°19'58" W.; to lat. 18°01 53 N., Control zones are defined as circular would alter R-7103 Salinas, P.R., by add­ i6°18'53" W.f to lat. 18“02'34" areas with a radius of 5 miles measured ing two smaller areas adjacent to the i6°18'47" W.; to lat. 18°03'25_ N-. long. ^ from the center of an airport with ex­ southeast and southwest boundaries of ,7'54" W.; to lat. 18*04*07 N., long 66 tensions necessary to include instrument R-7103. C " W.; to point of beginning.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 PROPOSED RULE MAKING 17489

SUBAREA B (TO BE ADDED) Time of designation: Continuous, June 1 Boundaries: Beginning at lat. 18°03’00" through August 31, other times as activated N., long. 66°14'35" W.; to lat. 18°02'37" by NOTAMs issued at least 24 hours in long. 66* 13'89" W.; to lat. 17°58'53" N., long. advance. 66°15'22” W.; to lat. 17°58'30" N., long. 66*- Controlling agency: Federal Aviation Ad­ 16'30" W.; to lat. 17°59'00" N., long. 66*17'- 37" W.; to lat. 17°59'16" N., long. 66°17'11" ministration, San Juan ARTC Center. W.; to lat. 17°59'57" N., long. 66°16'00" Using agency: The Adjutant General, Com­ to lat. 18*01'16" N„ long. 66°15'14" to monwealth of Puerto Rico. point of beginning. (Sec. 307(a), Federal Aviation Act of 1958; SUBAREA C (TO BE ADDED) 49 U.S.C. 1348) Boundaries: Beginning at lat. 17°59'16" N., long. 66°17'11" W.; to lat. 17°59'00" N., long. Issued in Washington, D.C., on Novem­ 66°17'37" W.; to lat. 17°59'44" N., long. ber 28,1967. 66°19'17" W.; to lat. 18*00'27" N., long. H . B. H e ls t r o m , 66°18'58" W.; to point of beginning. Chief, Airspace and Air Designated altitude: Subarea A, surface to 12,000 feet MSL. Subarea B, 3,000 feet MKL Traffic Rules Division. to 12,000 feet MSL. Subarea C, 2,000 feet MSL [F.R. Doc. 67-14197; Filed, Dec. 5, 1967; to 12,000 feet MSL. 8:46 a.m.]

s

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17490 Notices

half of the Postmaster General. Notices were inadvertently omitted from lands DEPARTMENT OF THE TREASURY of Intent to Use Air Taxi Mail Service, described in the list of lands in the pro­ as described in § 298.24 of the economic posal. These lands are shown in the Office of the Secretary regulations of the Civil Aeronautics Amendment (32 F.R. 15716) and are in­ [Dept. Order 177-25] Board (14 C FR 298.24). The General cluded in Blocks E, G, and J. The record Counsel is authorized to redelegate this showing the comments received and DIRECTOR OF U.S. SECRET SERVICE authority to such persons in his office as other information is on file and can be ET AL. he deems appropriate. examined in the Glenwood Springs Dis­ Delegation of Authority Regarding II. A notice of intent shall be prepared trict Office, Bureau of Land Manage­ ment, Glenwood Springs, Colo. The Appointment of Special Policemen and filed only on the written request of the Assistant Postmaster General, public lands affected by this classi­ Pursuant to the authority vested in Bureau of Transportation and Interna­ fication are located within the following the Secretary of the Treasury, including tional Services and shall include such described area and are described in docu­ that vested in him by delegation from schedules, rates, and other data as he ments and are shown on maps designated the Administrator of General Services, may require. by Serial No. C-2534 available for in­ 32 F.R. 11968 (1967), and pursuant to III. The Postmaster General reserves spection at the Glenwood Springs Dis­ the authority vested in me by Treasury the right to modify, suspend, or rescind trict Office, Bureau of Land Management, Department Order No. 190 (Revision 4): all or any part of the authority delegated Post Office Box 1009, Glenwood Springs, (1) Authority is hereby delegated to by this order. Colo. 81601; North Park Resource Area the Director of the U.S. Secret Service to Headquarters, SC D Building, Walden, appoint uniformed guards as special (5 U.S.C. 301, 39 U.S.C. 501) Colo. 80480; and Land Office, Bureau of policemen and to make all needful rules T im o t h y J. M a y , . - Land Management, Room 15019, Federal and regulations for the protection of the General Counsel. Building, 1961 Stout Street, Denver, Treasury Building and Treasury Annex, N ovem ber 30,1967. Colo. 80202. Washington, D.C.; [F.R. Doc. 67-14191; Filed, Dec. 5, 1967; Six t h P r in c ip a l M e r id ia n , Colorado (2) Authority is hereby delegated to 8:46 a.m.] the Director of the Bureau of Engraving JACKSON COUNTY and Printing to appoint uniformed Block A guards as special policemen and to make T. 9 N„ R. 81 W., all needful rules and regulations for the DEPARTMENT OF THE INTERIOR Secs. 4,5,6, 8, and 9. protection of the Bureau of Engraving T. 10N..R. 81 W., and Printing and Bureau of Engraving Bureau of Land Management Secs. 27 to 35, inclusive. and Printing Annex, Washington, D.C.; [C—2534] Block A aggregates approximately 4,590.06 (3) Authority is hereby delegated to acres of public land. the Director of the Bureau of the Mint COLORADO Block B to appoint uniformed guards as special Notice of Classification of Public T. 8 N„ R. 82 W., policemen and to make all needful rules Sec. 2. and regulations for the protection of the Lands fo r Multiple-Use T. 9 N„ R. 82 W., U.S. Mint, Denver,Colo.; theU.S. Bullion Management Sec. 35. Depository, Fort Knox, Ky.; the U.S. N ovem ber 27,1967. Block B aggregates approximately 248.39 Assay Office, 32 Old Slip, New York, N .Y.; 1. Pursuant to the Act of September acres of public land. the U.S. Mint, 16th and Spring Garden 19, 1964 (43 U.S.C. 1411-18) and to the Block C Streets, Philadelphia, Pa.; the U.S. Assay regulations in 43 CFR, Parts 2410 and T. 7 N., R. 81 W., Office, 155 Herm an Street, San F ran ­ 2411, the public lands within the areas Secs. 5, 6, and 7. cisco, Calif.; and the U.S. Bullion Deposi­ described below together with any lands T. 7 N., R. 82 W., tory, West Point, N.Y. therein that may become public lands in Secs. 1 and 12. The authority conferred by this order the future are hereby classified for multi­ T. 8 N„ R. 81 W., Secs. 9 and 10; shall be exercised in accordance with the ple-use management. Publication of this Sec. 14, SE14SWÎ4, S W 14SE14; Act of June 1, 1948 (62 Stat. 281). notice segregates all the described lands Secs. 15, 20 to 23, inclusive; from appropriation only under the agri­ [ s e a l ] J o s e ph W . B arr, Secs. 26 to 29, inclusive; Under Secretary of the Treasury. cultural land laws (43 U.S.C. Parts 7 and Secs. 31 and 32; 9, 25 U.S.C. 334) and from sale under Sec. 33, Ni/2NE%, NW % ; N ovem ber 28, 1967. section 2455 of the Revised Statutes (43 Sec. 34, NW ]4NW ]4. [F.R. Doc. 67-14217; Filed, Dec. 5, 1967; U.S.C. 1171). The described lands shall Block C aggregates approximately 6,066.72 8:48 a.m.] remain open to all other applicable forms acres of public land. of appropriation including the mining Block D and mineral leasing laws. As used here­ in, “public lands” means any lands with­ T. 7 N., R. 80 W„ Secs. 13,14,15, and 21 to 24, inclusive; drawn or reserved by Executive Order POST OFFICE DEPARTMENT Sec. 26, NW54NW54; No. 6910 of November 26, 1934, as Secs. 27 and 28. GENERAL COUNSEL amended or within a grazing district Block D aggregates approximately 2,920 Delegation of Authority to Sign and established pursuant to the Act of June 28, 1934, (48 Stat. 1269) as amended acres of public land. File Notices of Intent to Use Air which are not otherwise withdrawn or Block E Taxi Mail Service reserved for a Federal use or purpose. T. 6 N., R. 79 W., Secs. 5 and 6. 2. No protests or objections were re­ The following is the text of Headquar­ T. 6 N., R. 80 W., ters Circular No. 67-46, signed by the ceived following publication of a notice Sec. 1, lots 1 and 2. Postmaster General on October 23, 1967, of proposed classification (32 F.R. 12760, T. 7 N., R. 79 W., relative to the above mentioned subject: 12761) or at the public hearing on Sep­ Secs. 29 and 30; I. Authority is hereby delegated to the tember 27, 1967, at Walden, Colo. Ap­ Sec. 31,NE^NE%; General Counsel to sign and file, on be­ proximately 1,500 acres of public land Sec. 32, N W % N W % .

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17491

Block E aggregates approximately 1,313.23 Interior, LLM, 721, Washington, D.C. unrestricted use for “Dealers’ Certifi­ acres of public land. 20240 (43 C FR 2411.1-2(d)) . cates” issued under the emergency live­ Block F stock feed program. Grain delivered E. I. R o w l a n d , T. 6 N., R. 81 W., State Director. against such certificates will be sold at Secs. 1 to 4; inclusive; the applicable current market price, Secs. 10 and 11; [FJR. Doc. 67-14187; Filed, Dec. 5, 1967; determined by CCC. Sec. 12, NW &NW Vt. 8:45 a.m.] In the following listing of commodities T. 7 N., R. 80 W., Sec. 31. and sales prices or method of sales, “un­ T. 7 N., R. 81 W., PROCUREMENT AGENT restricted use” applies to sales which Sec. 36. (PURCHASING UNIT) permit either domestic or export use and “export” applies to sales which Block P aggregates approximately 2,684.73 require export only. CCC reserves the acres of public land. Redelegation of Authority right to determine the class, grade, Block G N o vem ber 28, 1967. quality, and available quantity of com­ T. 6 N., R. 80 W., S e c t io n 1. Authority. Pursuant to the modities listed for sale. Sec. 5, lots 5, 6, and 9, S W & S W & ; authority contained in section 2 of The CCC Monthly Sales List, which Sec. 6; Order No. 698 of the Bureau of Land varies from month to month as addi­ Sec. 7, lots 5, 6, and 7; Management, the following is hereby Sec. 20. tional commodities become available or T. 6 N., R. 81 W. redelegated the authority contained commodities formerly available are Sec. 12, SE14NE 14, Ei/2SEi4, S W 14SE14; therein to sign purchase orders and con­ dropped, is designed to aid in moving Sec. 13, N W & N E & . tracts for procurement of supplies and CCC’s inventories into domestic or export T.7N., R. 80 W., services in amounts up to $2,500; except use through regular commercial chan­ Sec. 32. -v that procurements from established nels. sources (G S A , PSS, etc.) may be made in Block G aggregates approximately 1,322.68 If it becomes necessary during the acres of public land. any amount; month to amend this list in any material (a) Procurement Agent (Purchasing way— such as by the removal or addition Block H , U n it ), of a commodity in which there is general T. 6 N., R. 80 W., S ec. 2. Effective date.* This order is Sec. 19, lots 7, 8, and 10; interest or by a significant change in effective upon publication in the F ed­ Secs. 29 and 32. price or method of sale— an announce­ eral R eg ist e r . ment of the change will be sent to all Block H aggregates approximately 1,311.23 G arth H. R u d d , persons currently receiving tlie list by acres of public land. Director, Denver Service Center. mail from Washington. To be put on this Block I N o vem ber 28, 1967. mailing list, address: Director, Procure­ T. 5 N., R. 80 W., ment and Sales Division, Agricultural [F.R. Doc. 67-14188; Filed, Dec. 5, 1967; Sec. 7. 2»» 8:46 a.m.] Stabilization and Conservation Service, T. 5 N., R. 81 W., U.S. Department of Agriculture, Wash­ Secs. 1,2, and 4; ington, D.C. 20250. Sec. 5, NEi/4SEi4, S E ^ N W ^ S E ^ ; Interest rates per annum under the Secs. 7 to 12, inclusive; Sec. 14; DEPARTMENT OF AGRICULTURE CCC Export Credit Sales Program (An­ Sec. 15, lots 1,2, and 3; nouncement GSM-3 or 4) for December Secs. 17 and 18; Commodity Credit Corporation 1967 are 6 percent for U.S. bank obli­ Sec. 19, part of lots 5, 6, 11, 12, 13, 14, and gations and 7 percent for foreign bank 19; : '-i;: ; _/ , SALES OF CERTAIN COMMODITIES obligations. Commodities now eligible for Sec. 20, part of lots, 2, 3, and 4; December Sales List financing under the CCC Export Credit Sec. 22, lot 2 and part of lot 4; Sales Program include wheat, wheat Sec. 30, lots 5 and 8, part of lots 9 and 10. Notice to Buyers. Pursuant to the T. 5 N.j R. 82 W„ flour, barley, bulgur, com, commeal, policy of Commodity Credit Corporation grain sorghum, upland and extra long Secs. 23 and 24; issued October 12, 1954 (19 F.R. 6669), Sec. 25, lo ti. staple cotton, tobacco, cottonseed oil, T. 6 N., R. 81 W., and subject to the conditions stated soybean oil, dairy products, and tallow. Secs. 26 and 35. therein as well as herein, the commodi­ Commodities purchased from CCC may ties listed below are available for sale be financed for export as private stocks Block I aggregates approximately 5,326.90 and, where rioted, for redemption of pay­ acres of public land. under Announcement GSM-4. ment-in-kind certificates on the price Information on commodities available Block J basis set forth. under Title I, P.L. 480, private trade T. 6 N., R. 79 W., The U.S. Department of Agriculture agreements, Rnd current information Secs. 26,27,28, 29, 33,34, and 35. announced the prices at which CCC on interest rates and other phases of T. 6 N., R. 80 W., commodity holdings are available for Sec. 25; the program may be obtained from the sale beginning at 3 p.m., e.s.t., Novem­ Sec. 26, S y2; Office of the General Sales Manager, Secs. 35 and 36. ber 30, 1967, and, subject to amendment, Foreign Agricultural Service, U.S_ De­ continuing until superseded by the Jan­ partment of Agriculture, Washirigton, Block J aggregates approximately 3,520 uary Monthly Sales List. D.C. 20250. acres of public land. The following commodities are avail­ The following commodities are cur­ Block K able: Cotton (upland arid extra long rently available for new and existing T- 6 N., R. 79 w., staple), wheat, corn, oats, barley, rye, barter contracts: Oats, cotton (upland Secs. 2, 3, and 4. rice, grain sorghum, peanuts, flax, tung and extra long staple), and tobacco. T- 7 N., R. 79 w., oil, butter, cheese, and nonfat dry milk. Wheat and grain sorghum are also avail­ Secs. 33 and 34. There is no change in the number of able under conditions noted in the indi­ commodities listed for November. Block K aggregates approximately 1,372.63 vidual commodity listings. (In addition, acres of public land. Information on the availability of free market stocks of com, grain sor­ commodities stored in Commodity Credit ghum, wheat, wheat flour, tobacco, cot­ The public lands described aggregate Corporation bin sites may be obtained tonseed oil and soybean oil are eligible approximately 30,676.57 acres of public from ASCS State offices shown at the for barter programing under barter con­ land. c end of the sales list, and for commodi­ tracts covering procurements for Federal 3. For a period of 30 days from the ties stored at other locations from ASCS agencies that will reimburse CCC except commodity and grain offices also shown that Hard Red Winter, Hard Red Spring, of Publication of this notice in the at the end of the list. and durum wheats, and flour produced deral R egister, interested parties may Com, oats, barley, or grain sorghum, from those wheats, may not be exported u comments to the Secretary of the as determined by CCC, will be sold for through west coast ports.)

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17492 NOTICES

The CCC will entertain offers from re­ commodities and for this purpose shall (1) Notice of foreign sale must be fur­ sponsible buyers for the purchase of any maintain a bona fide business office in nished CCC within 5 calendar days after purchase. commodity on the current list. Offers ac­ the United States, its territories or pos­ (2) Sales will be made only to fill dollar cepted by CCC will be subject to the sessions and have a person, principal, or market sales abroad and exporter must show terms and conditions prescribed by the resident agent upon whom service of export from the west, coast to a destination Corporation. These terms include pay­ judicial process may be had. west of the 170th meridian, west longitude, ment by cash or irrevocable letter of Prospective buyers for export should and east of the 60th meridian, east longi­ credit before delivery of the commodity, note that generally, sales to U.S. Govern­ tude, and to countries on the west coast of and the conditions require removal of ment agencies, with only minor excep­ Central and South America. the commodity from CCC stocks within tions will constitute domestic unre­ B. CCC will sell wheat for export under a reasonable period of time. Where sales stricted use of the commodity. Announcement GR-261 (Revision III, Jan. 9, are for export, proof of exportation is Commodity Credit Corporation re­ 1961, as amended and supplemented) subject to the following: also required, and the buyer is respon­ serves the right, before making any ( 1 ) All classes will be sold subject to offers sible for obtaining any required U.S. sales, to define or limit export areas. which include the price at which the buyer Government export permit or license. The Department of Commerce, Bu­ proposes to'purchase the wheat. Purchases from CCC shall not constitute reau of International Commerce, pur­ (2) All classes will be sold to fill dollar any assurance that any such permit or suant to regulations under the Export market sales abroad and exporter must show license will be granted by the issuing Control Act of 1949, prohibits the expor­ export from the west coast to a destination authority. tation or reexportation by anyone of any within the geographical limitation shown in commodities under this program to Cuba, A (2 ) above. Applicable announcements containing (3) All classes will be sold for application all terms and conditions of sale will be the Soviet Bloc or Communist-controlled to barter contracts entered into pursuant to furnished upon request. For easy refer­ areas of the Far East including Com­ invitations for barter offers dated prior to ence a number of these announcements munist China, North Korea, and the August 26, 1966. However, CCC-owned wheat are identified by code number in follow­ Communist-controlled area of Viet Nam will not be sold for barter at west coast ports ing list. Interested persons are invited except under validated license issued by nor will'evidence of export at west coast ports to communicate with the Agricultural the U.S. Department of Commerce, Bu­ be acceptable under a sale for barter. reau of International Commerce. C. Announcement GR-262 (Revision II, Stabilization and Conservation Service, Jan. 9, 1961, as amended) for export as flour For all exportations, one of the desti­ USDA, Washington, D.C. 20250, with re­ as follows: All classes will be sold for applica­ spect to all commodities or—-for specified nation control statements specified in tion to barter contracts entered into pursuant commodities— with the designated ASCS Commerce Department Regulations to invitations for barter offers dated prior to commodity office. (Comprehensive Export Schedule August 26, 1966. However, sales for barter Commodity Credit Corporation re­ § 379.10(c)) is required to be placed on will not be made at west coast ports nor will serves the right to amend from time to all copies of the shipper’s export declara­ evidence of export from west coast ports be acceptable under a sale for barter pursuant time, any of its announcements. Such tion, all copies of the bill of lading, and all copies of the commercial invoices. For to this announcement. amendments shall be applicable to and D. CCC will not sell wheat under An­ additional information as to which des­ be made a part of the sales contracts nouncement GR-346 until further notice. thereafter entered into. tination control statement to use, the Available: Evanston, Kansas City, Minne­ CCC reserves the right to reject any or exporter should communicate with the apolis, and Portland ASCS offices. Bureau of International Commerce or all offers placed with it for the purchase CORN, BULK of commodities pursuant to such an­ one of the field offices of the Department of Commerce. Unrestricted use. nouncements. A. Redemption of domestic payment-in­ Exporters should consult the appli­ CCC reserves the right to refuse to kind certificates. Such CCC dispositions of consider an offer, if CCC does not have cable Commerce Department regulations corn as CCC may designate will be in redemp­ for more detailed information if desired adequate information of financial re­ tion of certificates or rights represented by and for any changes that may be made pooled certificates under a feed grain pro­ sponsibility of the offerer to meet con­ therein. gram. The price at which corn shall be val­ tract obligations of the type contem­ ued for such dispositions shall be the market S ales P ric e or M e t h o d o p Sa le plated in this announcement. If a pro­ price as determined by CCC, but not less than spective offerer is in doubt as to whether WHEAT, BULK 115 percent of the applicable 1967 price-sup­ CCC has adequate information with re­ Unrestricted use. port loan rate2 for the class, grade, and qual­ spect to his financial responsibility, he A. Storable. All classes of wheat in CCC ity of the corn plus the* markup shown in C should either submit a financial state­ inventory are available for sale at market of this unrestricted use section. ment to the office named in the invitation price but not below 115 percent of the 1967 B. General sales.— 1. Storable. Such CCC prior to making an offer, or'Communi­ price-support loan rate for the class, grade, dispositions of storable com as CCC may and protein of the wheat plus the markup designate as general sales will be made during cate with such office to determine the month at market price, as determined by whether such a statement is desired in shown in C below applicable to the type of carrier involved. CCC, but not less than the Agricultural Act his case. When satisfactory financial re­ B. Nonstorable. At not less than market of 1949 formula minimum price for such sales sponsibility has not been established, price, as determined by CCC. which is 105 percent of the8 applicable 1967 CCC reserves the right to consider an C. Markup and examples ( dollars per price support rate 2 (published loan rate plus offer only upon submission by offerer of bushel-in-store) X. 19 cents per bushel) for the class, grade, and a certified or cashier’s check, a bid bond, quality of the corn, plus the markup shown in C of this unrestricted use section. or other security, acceptable to CCC, as­ Markup in-store] 2. Nonstorable. At not less than market suring that if the offer is accepted, the received by— Examples—Agricultural Act of 1949; price as determined by CCC. offerer will comply with any provisions Stat. minimum C. Markups and examples (dollars per of the contract with respect to payment Truck Rail or bushel in-store1 basis No. 2 Yellow Corn barge for the commodity and the furnishing 14 percent M.T. 2 percent F .M .). of performance bond or other security acceptable to CCC. $0.11)3 $0.09 Minneapolis—No. 1 D NS ($1.55) 115 percent +$0.09; $1.88. Markup in­ Disposals and other handling of-in­ Portland—No. 1 SW ($1.44) 115 per­ store cent +$0.09; $1.75. received by— Examples ventory items often result in small quan­ Kansas City—No. 1 HRW ($1.43) 115 tities at given locations or in qualities not percent +$0.09; $1.74. up to specifications. These lots are of­ Chicago—No. 1 RW ($1.47) 115 per­ Truck cent +$0.09; $1.79. fered by the appropriate ASCS office $0.07 Feed grain program domestic PIE promptly upon appearance and there­ certificate minim urns: . fore, generally, they do not appear in Export. McLean County, DI. ($1.08+$0.0i/i) the Monthly Sales List. A. CCC will sell limited quantities of Hard 115 percent+$0.07; $1.35. . Red Winter and Hard Red Spring wheat at Agricultural Act of 1949; stat. m On sales for which the buyer is re­ west coast ports at domestic market price quired to submit proof to CCC of expor­ l£ C o u n ty , 111. levels for export under Announcement G R - +$0.19): 105~ percent +*UJM> tation, the buyer shall be regularly en­ 345 (Revision IV, Oct. 30, 1967, aS'amended) $1.43. gaged in the business of buying or selling as follows:

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17493

Available. Evanston, Kansas City, Minne­ B. Markups and examples ( dollars per the class, grade, and quality of the grain apolis, and Portland ASCS grain offices. bushel in-store1 No. 2 or better). plus the markup shown in B below applicable Export. Corn from CCC inventory is not to the type of carrier involved. available for export sale. B. Markups and examples ( dollars per Markup In-store GRAIN SORGHUM (BULK) received by— bushel in-store1 No. 2 or better). Examples Unrestricted use. A. Redemption of domestic payment-in­ Truck Rail or Markup in-store barge received by— kind certificates. Such COC dispositions of Examples—Agricultural Act of 1949; grain sorghum as CCC may designate will be Stat. minimum in redemption of certificates or rights rep­ $0.11% $0.09 Cass County, N . Dak. ($0.87); 115 Truck Rail or barge resented by pooled certificates under a feed percent +$0.11%; $1.12%. Minneapolis, Minn, (ex-rail) ($1.10); grain program. The minimum price at which 115 percent +$0.09; $1.36. grain sorghum shall be valued for such dis­ $0.011% $0.09 Rolette County, N. Dak. ($0.90); 115 positions shall be market price, as deter­ percent +$0.11%; $1.15%. Minneapolis, Minn, (ex-rail) ($1.23); mined by CCC, but not less than 115 percent C. Nonstorable. At not less than market 115 percent +$0.09; $1.51. of the applicable 1967 price-support loan price as determined by CCC. rate2 for the class, grade, and quality of the Export. Sales are made at the higher of grain sorghum, plus the markup shown in the domestic market price, as determined by C. Nonstorable. At not less than market price as determined by CCC. C of this unrestricted use section applicable CCC, or 115 percent of the applicable 1967 Export. Sales are made at the higher of the to the type of carrier involved. price-support loan rate plus carrying charges domestic market price, as determined by B. General sales.— 1. Storable. Such CCC in section B. The statutory minimum price CCC, or 115 percent of the applicable 1967 dispositions of storable grain sorghum as referred to in the price adjustment provi­ price-support loan rate plus carrying charges CCC may designate as general sales will be sions of the following export sales announce­ in section B. The statutory minimum price made during the month at market price, as ment is 105 percent of the applicable price- referred to in the price adjustment provi­ determined by CCC, but not less than the support rate plus the markup referred to in sions of the following export sales announce­ Agricultural Act of 1949 formula minimum B of the unrestricted use section for barley. ment is 105 percent of the applicable price- price for such sales which is 105 percent of Sales will be made pursuant to the following support rate plus the markup referred to in the applicable 1967 price-support ra te 2 announcements: B of the unrestricted use section for rye. (published loan rate plus 34 cents per hun­ A. Announcement GR-368 (Revision 2, Sales will be made pursuant to the following dredweight) for thé class, grade, and qual­ Mar. 1, 1965, as amended)., for export com­ announcements: ity of the grain sorghum, plus the markup modity certificate redemption. A. Announcement GR-368 < Revision 2, shown in C of this unrestricted use section B. Announcement GR-212 (Revision 2, Mar. 1, 1965, as amended), for export com­ applicable to the type of carrier involved. Jan. 9, 1961) for cash or other designated modity certificate redemption. 2. Nonstorable. At not less than market sales. B. Announcement GR-212 (Revision 2. price as determined by CCC. Available. Kansas City, Evanston, Port­ Jan. 9, 1961) for cash or other designated C. Markups and examples ( dollars per hun-- land, and Minneapolis grain offices. sales. dredweight in-store 1 No. 2 or better). Available. Evanston, Kansas City, Portland; o a t s , b u l k and Minneapolis ASCS grain offices. Unrestricted use. Markup in-store RICE, ROUGH received by— A. Market price, as determined by CCC, Examples but not less than 115 percent of the ap­ Unrestricted use. plicable 1967 price-support rate2 for the Market price but not less than 1967 loan Truck Rail or class, grade, and quality of the oats plus rate plus 5 percent plus 25 cents per hun­ barge the markup shown ¿n B below. dredweight, basis in store. B. Markups and examples ( dollars per Export. As milled or brown under An­ $0.12%, $0.07% Peed grain program domestic P IK bushel in-store1 basis No. 2 XHWO). nouncement GR-369, Revision III, as certificate minimums: amended, Rice Export Program. Hale County, Tex. ($1.59) 115 per­ Available. Prices, quantities, and varie­ cent +$0.12%; $1.95%. Markup in­ Kansas City, Mo. (ex-rail) ($1.85) store received ties of rough rice available from Kansas 116 percent +$0.07%; $2.2024. by— Examples—Agricultural Act of 1949; City ASCS Commodity Office. Agricultural Act of 1949; stat. mini­ Stat. minimum mums: COTTON, UPLAND Hale County, Tex. ($1.59+$0.34); Truck 105 percent +$0.12%; $2.1524. Unrestricted use. Kansas City, Mo. (ex-rail) ($1.85+ A. Competitive offers under the terms and $0.34); 105 percent +$0.07%; $0.11% Redwood County, Minn. ($0.60+$0.03 conditions of Announcement NO—C-32 $2.37%. quality differential); 115 percent (Sale of Upland. Cotton for Unrestricted +$0.11%; $0.84%. Use). Under this announcement, upland cot­ Export. Sales are made at the higher of ton acquired under price-support programs the domestic market price, as determined C. Nonstorable. At not less than the mar­will be sold at the highest price offered but by CCC, or 115 percent of the applicable ket price as determined by CCC. in no event at less than the higher of (a) 1967 price-support loan rate plus carrying Export. Sales are made at the higher of the 110 percent of the current loan rate for such charges in section C, The statutory mini­ domestic market price, as determined by cotton, or (b ) the market price for such mum price referred to in the price adjust­ CCC, or 115 percent of the applicable 1967 cotton, as determined by QCC. ment provisions of the following export sales price-support loan rate plus carrying charges B. Competitive offers under the terms and announcements is 105 percent of the appli­ in section B. The statutory minimum price conditions of Announcement NO-C-31 (Dis­ cable price-support rate plus the markup referred to in the price adjustment provi­ position of Upland Cotton—-In Redemption referred to in C of the unrestricted use sec­ sions of the following export sales announce­ of Payment-In-Kind Certificates or Rights tion for grain sorghum. Sales will be made ments is 105 percent of the applicable price- in Certificate Pools, In Redemption of Ex­ pursuant to the following announcements: support rate plus the markup referred to in port Commodity Certificates, Against the A. Announcement GR-368 (Revision 2, B of the unrestricted use section for oats. “Shortfall,” and Under Barter Transactions), 1965, as amended), for export com­ Sales will be made pursuant to 'the following as amended. Cotton may be acquired at its modity certificate redemption. announcements. current market price, as determined by CCC, but not less than a minimum price deter­ B. Announcement GR -212 (Revision 2, A. Announcement GR-368 (Revision 2, . 1961) for application to barter con- mined by CCC which will in no event be Mar. 1, 1965, as amended), for export com­ less than 120 points ( 1.2 cents per pound) fm. k entered into pursuant to invitations modity certificate redemption. above the loan rate for such cotton. iqrr rter Dffers dated prior to August 26, B. Announcement GR-212 (Revision 2, Export. w>, and for cash or other designated sales. Jan. 9, 1961), for application to barter con­ CCC disposals for barter. Competitive offers Available. Evanston, Kansas City, Minne­ tracts and for cash or other designated sales. apolis, and Portland ASCS grain offices. under the terms and conditions of Announce­ Available. Kansas City, Evanston, Minne­ ments CN-EX-28 (Acquisition of Upland b a r l e y , b u l k apolis, and Portland ASCS grain offices. Cotton for Export under the Barter Program) Unrestricted use. RYE, BULK and NO-C-31 (described above), as amended. bv rv^°Lab^ ' Market prioe, as determin Unrestricted use. COTTON, EXTRA LONG STAPLE atim.v c., Ut not less than 115 percent of t: A. Storable. Market price, as determined by Unrestricted use. cla« Ctbl®. 1967 Price-support rate2 for t CCC, but not less than the Agricultural Act Competitive offers under the terms and thp and quality of the barley pi of 1949 formula price which is 115 percent2 ae applicable markup. conditions of Announcements NO-C -6 of the applicable 1967 price-support rate for (Revised July 22, 1960), as amended, and

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17494 NOTICES

NO-C-IO, as amended. Under these an­ The quantity offered and the date bids are USDA A gricultural Stabilization and nouncements extra long staple cotton to be received are announced to the trade C onservation S e r v ic e O f f ic e s (domestically grown) will be sold at the in notices of Invitation to Bid, issued by the GRAIN OFFICES highest price offered but in no event at National Tung Oil Marketing Cooperative, less than the higher of (a) 115 percent of Inc., Poplarville, Miss. 39470. Kansas City ASCS Commodity Office, 8930 the current support price for such cotton Terms and conditions of sale are as set Ward Parkway (Post Office Box 205), plus reasonable carrying charges, or (b ) the forth in Announcement NTOM-PR-4 of April Kansas City, Mo. 64141. Telephone: Em­ domestic market price as determined by 6, 1967, as amended, and the applicable Invi­ erson 1-0860. CCC. tation to Bid. Alabama, Alaska, Arizona, Arkansas, Colo­ Export. Bids will include, and be evaluated on the rado, Florida, Georgia, Hawaii, Kansas, A. CCC sales for export. Competitive basis of, price offered per pound f.o.b. stor­ Louisiana, Mississippi, Missouri, Ne­ offers under the terms and conditions of age location. For certain destinations, CCC braska, Nevada, New Mexico, North Car­ Announcements CN-EX-22 (Extra Long will as provided in the Announcement, as olina, Oklahoma, South Carolina, Ten­ Staple Cotton Export Program) and NO-C-27 amended, refund to the buyer a "freight nessee, Texas, and Wyoming (domestic (Sale of Extra Long Staple Cotton), as equalization” allowance. and export), California (domestic only). Branch Office— Evanston ASCS Branch Office, amended. Copies of the Announcement or the Invi­ 2201 Howard Street, Evanston, 111. 60202. B. Barter. Competitive offers under the tation may be obtained from the Cooperative Telephone: Long Distance— Area code terms and conditions of Announcement or Producer Associations Division, ASCS, 312, 353-6581. Local— 353-6581 (Chicago, telephone Washington, D.C., area code 202, CN-EX-27 (Acquisition of Extra Long Staple 111.). Cotton for Export under the Barter Pro­ DU 8-3901. Connecticut, Delaware, Illinois, Indiana, gram), and NO-C-27 (Sale of Extra Long FLAXSEED, BULK Iowa, Kentucky, Maine, Maryland, Mas­ Staple Cotton), as amended. Unrestricted use. sachusetts, Michigan, New Hampshire, COTTON, UPLAND OR EXTRA LONG STAPLE A. Storable. Domestic market price but not New Jersey, New York, Ohio, Pennsyl­ vania, Rhode Island, Virginia, Vermont, Unrestricted use. less than the applicable 1967 support price for the class, grade, and quality of flaxseed and West Virginia. A. Competitive offers under the terms and plus 14% cents per bushel, and plus the re­ Branch Office— Minneapolis ASCS Branch conditions of Announcement NO-C-18 (Sale spective markup shown in B below applicable Office, 310 Grain Exchange Building, of Cotton—To Establish Claims). Any such to the type of carrier involved. Minneapolis, Minn. 55415. Telephone: cotton will be offered for sale periodically on B. Markups and examples ( dollars per 334-2051. the basis of samples representing the cotton bushel in-store x) . Minnesota, Montana, North Dakota, South for the purpose of establishing claims against Dakota, and Wisconsin. producers and others according to schedules Branch Office— Portland ASCS Branch Office, issued from time to time by CCC. , Markup per Examples oi minimum prices 1218 Southwest Washington Street, B. Competitive offers under the terms and bushel received (ex-rail or barge) Portland, Oreg. 97205. Telephone: 226-. by— conditions of Announcement NO-C-20 (Sale 3361. of Special Condition Cotton). Any such cot­ Idaho, Oregon, Utah, and Washington (do­ ton (Below Grade, Sample Loose, Damaged Truck Rail or Terminal Class and Price mestic and export sales), California (ex­ Pickings, etc.) owned by CCC will be offered barge grade / I port sales only). for sale periodically on the basis of samples PROCESSED COMMODITIES OFFICE (ALL STATES) representing the cotton according to sched­ Cents Cents ules issued from time to time by CCC. $0.13% $0.09% Minneapolis.. No. 1...... $3.38% Minneapolis ASCS Commodity Office, 6400 Availability information. France Avenue South, Minneapolis, Minn. Sale of cotton will be made by the New C. Nonstorable. At not less than domestic 55435. Téléphoné: Area Code 612, 334-3200. Orleans ASCS Commodity Office. Sales an­ market price as determined by CCC. COTTON OFFICE (ALL STATES) nouncements, related forms and catalogs for Available. Through the Minneapolis ASCS upland cotton and extra long staple cotton Branch Office. New Orleans ASCS Commodity Office, Wirth showing quantities, qualities and location Building, 120 Marais Street, New Orleans, may be obtained for a nominal fee from that DAIRY PRODUCTS La. 70112. Telephone: 527-7766. office. Sales are in carlots only in-store at storage g e n e r a l s a l e s m a n a g e r offices location of products. PEANUTS, SHELLED OR FARMERS STOCK Representative of General Sales Manager, Submission of offers. Submit offers to the New York Area: Joseph Reidinger, 80 La­ When stocks are available in their area of Minneapolis ASCS Branch Office. responsibility, the quantity, type, and grade fayette Street, New York, N.Y. 10013. Tele­ offered and whether for restricted or unre­ NONFAT DRY MILK phone: 264r-8439, 8440, 8441. Representative of General Sales Manager, stricted use are announced in weekly lot lists Unrestricted use. or invitations to bid issued by the following: West Coast Area: Callan B. Duffy, Ap­ Announced prices, under MP-14: Spray praisers' Building, Room 802, 630 Sansome GPA Peanut Association, Camilla, Ga. process, U.S. Extra Grade, 21.60 cents per Street, San Francisco, Calif. 94111. Tele­ Peanut Growers Cooperative Marketing As­ pound packed in 100-pound bags and 21.85 phone: 556-6185. sociation, Franklin, Va. cents per pound packed in 50-pound bags. Southwestern Peanut Growers’ Association, ASCS STATE OFFICES Gorman, Tex. BUTTER Illinois, Room 232, U.S. Post Office and Court­ A. Restricted use sales. Announcement Unrestricted use. house, Springfield, 111. 62701. Telephone: PR- 1 as amended, and the lot list contain Announced prices, under MP-14: 74.0 cents Area Code 217, 525-4180. terms and conditions of sales restricted to per pound—New York, Pennsylvania, New Indiana, Room 110, 311 West Washington domestic crushing or export. Jersey, New England, and other States Street, Indianapolis, Ind. 46204. Telephone. 1. Shelled peanuts of less than U.S. No. 1 Area Code 317, 633-8521. grade may be purchased for foreign or do­ bordering the Atlantic Ocean and Gulf of Iowa, Room 311, Iowa Building, 505 Sixth mestic crushing. Mexico. 73.25 cents per pound— Washington, Avenue, Des Moines, Iowa 50307. Tele­ 2. Farmers stock peanuts may be pur­ Oregon, and California. All other States 73.0 phone: Area Gode 515, 284-4213. chased for domestic crushing or for export cents per pound. Kansas, 2601 Anderson Avenue, Manhattan, of U.S. No. 1 or better shelled peanuts. All Kans. 66502. Telephone: Area Code 913, peanuts of less than U.S. No. 1 quality must CHEDDAR CHEESE (STANDARD MOISTURE BASIS) be crushed domestically. JE 9-3531. . Unrestricted use. Michigan, 1405 South Harrison Road, East All sales are made on the basis of competi­ Lansing, Mich. 48823, Telephone: Area tive bids each Wednesday, by the Producer Announced prices, under MP-14: 49.125 Associations Division, Agricultural Stabili­ cents per pound— New York, Pennsylvania, Code 517, 372-1910. „ , . Missouri, I.O.O.F. Building, 10th and Walnut zation and Conservation Service, Washington, New England, New Jersey, and other States Streets, Columbia, Mo. 65201. Telephon . D.C. 20250, to which all bids are submitted. bordering the Atlantic Ocean and Pacific Area Code 314, 442-3111. TUNG OIL 'Ocean and the G ulf of Mexico. All other Minnesota, Griggs Midway Building, 18 Unrestricted use. States 48.125 cents per pound. University Avenue, St. Paul, Minn. 55iu». Sales are made periodically on a competi­ Telephone: Area Code 612, 228-7651. . FOOTNOTES tive bid basis. Bids are submitted to the Pro­ Montana, Post Office Box 670, U.S.P.O. ducer Associations Division, Agricultural 1 The formula price delivery basis for bin- Federal Office Building, Bozeman, modi. Stabilization and Conservation Service, site sales will be f.o.b. 59715. Telephone: Area Code 587, * Washington, D.C. 20250. 2 Round product up to the nearest cent. Ext. 3271.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17495

Nebraska, Post Office Box 793, 5801 O Street, tific article pursuant to section 6 (c) of PURDUE UNIVERSITY Lincoln, Nebr. 68501. Telephone: Area Code the Educational, Scientific, and Cultural 402, 475-3361. Materials Importation Act of 1966 (Pub. Notice of Decision on Application for North Dakota, Post Office Box 2017, 15 South 21st Street, Fargo, N. Dak. 58103, Tele­ Law 89-651; 80 Stat. 897) and the regu­ Duty-Free Entry of Scientific Article lations issued thereunder (32 F.R. 2433 phone: Area Code 701, 237-5205. The following is a decision on an ap­ et seq.). Ohio, Room 202, Old Federal Building, Co­ plication for duty-free entry of a scien­ lumbus, Ohio 43215. Telephone: Area Code A copy of the record pertaining to tific article pursuant to section 6 (c) of 614, 469-5644. this decision is available for public re­ the Educational, Scientific, and Cultural South Dakota, Post Office Box 843, 239 Wis­ view during ordinary business hours of consin Street SW., Huron, S. Dak. 57350. Materials Importation Act of 1966 (Pub. Telephone: Area Code 605, 352-8651, Ext. the Department of Commerce, at the Law 89-651; 80 Stat. 897) and the regu­ 321 or 310. Office of Scientific and Technical Equip­ lations issued thereunder (32 F.R. 2433 Wisconsin, Post Office Box 4248, 4601 Ham- ment, Department of Commerce, Room et seq.). 5123, Washington, D.C. 20230. mersley Road, Madison, Wis. 53711. Tele­ A copy of the record pertaining to this phone: Area Code 608, 256-4441, Ext. 7535. Docket No. 68-00096-33-46040. Appli­ decision is available for public review (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. cant: California Institute of Technology, during ordinary business hours of the 714b. Interpret or apply sec. 407, 63 Stat. 1201 East California Boulevard, Pasa­ Department of Commerce, at the Office 1066; sec. 105, 63 Stat. 1051, as amended by dena, Calif. .91109. Article: Electron M i­ of Scientific and Technical Equipment, 76 Stat. 612; secs. 303, 306, 307, 76 Stat. croscope EM-300, film holder and decon­ 614-617; 7 U.S.C. 1441 (n o te )) Department of Commerce, Room 5123, tamination device. M anufacturer: N. V. Washington, D.C. 20230. Philips, The Netherlands. Intended use Signed at Washington, D.C., on No­ Docket No. 68-00067-33-46040. Appli­ of article: Visualization of biological vember 29,1&67. cant : Purdue University, Purchasing De­ structures including ultrastructure of R o land P. B a l l o u , partment, Lafayette, Ind. 47907. Article: nucleic acids, viruses, and nerve cells. Acting Executive Vice President, Electron Microscope, Norelco Model E M - Comments: No comments have been re­ Commodity Credit Corporation. 300 Type P W 6001/00. M anufacturer: ceived with respect to this application. N. V. Philips, The Netherlands. Intended [PR. Doc. 67-14218; Filed, Dec. 5, 1967; Decision: Application approved. No in­ use of Article: The article will be used to 6:48 a.m.] strument or apparatus of equivalent study the structure of cellular mem­ scientific value to the foreign article, for branes, Lipoprotein association, fibrous the purposes for which such article is Office of the Secretary structures in mitochondria and chloro- intended to be used, is being m anufac­ plast structure. Other studies include tured in the United States. Reasons: (1) ENTIRE COMMONWEALTH OF examination of the orientation of mono­ The foreign article provides a guaran­ PUERTO RICO mers in the segments of bacterial flagella, teed resolution of 5 Angstroms. The only structural differences found in spore Designation of Area for Emergency known comparable domestic instrument, coats of wild type Bacillus cereus and the Model EMU-4 Electron Microscope Loans various mutant strains, detailed studies manufactured by the Radio Corporation of the mechanism of cell wall digestion For the purpose of m aking emergency of America (RCA), provides a guaran­ in yeast including subsequent compara­ loans pursuant to section 321 of the Con­ teed resolution of 8 Angstroms. (The tive ultrastructure between derived yeast solidated Farmers Home Administration lower the numerical rating in terms of “protoplast” and whole cell, and investi­ Act of 1961 (7 U.S.C. 1961), it has been Angstrom units, the better the resolu­ gation into the synthesis of these spore determined that in the hereinafter- tion.) For the purposes for which the coats. Comments: No comments have named Commonwealth, a natural dis­ foreign article is intended to be used, we been received with respect to this ap­ aster has caused a need for agricultural find that the greater resolving capabili­ plication. Decision: Application ap­ credit not readily available from com­ ties are pertinent. (2) The foreign article proved. No instrument or apparatus of mercial banks, cooperative lending agen­ provides five accelerating voltages, 2&, equivalent scientific value to the foreign cies, or other responsible sources. 40, 60, 80, and 100 kilovolts, whereas the article, for the purposes for which such RCA Model EMU-4 provides only two E ntir e C ommonwealth o p article is intended to be used, is being P u e r t o R ic o accelerating voltages, 50 and 100 kilo­ manufactured in the United States. Rea­ Pursuant to the authority set forth volts. It has been experimentally estab­ sons: (1) The foreign article provides a above, emergency loans will not be made lished that the lower accelerating voltage guaranteed resolution of 5 Angstroms. in the above-named Commonwealth provided by the foreign article produces The only known comparable domestic after June 30, 1968, except to applicants optimum contrast for unstained speci­ instrument, the Model EMU-4 Electron who previously received emergency or Microscope manufactured by the Radio mens and that the voltages intermediate special livestock loan assistance and who Corporation of America (R C A ), provides can qualify under established policies between 50 and 100 kilovolts produce op­ a guaranteed resolution of 8 Angstroms. and procedures. timum contrast for negatively stained (The lower the numerical rating in terms specimens. of Angstrom units, the better the resolu­ Done at Washington, D.C., this 1st tion.) For the purposes for which the day of December 1967. For the foregoing reasons, we find that foreign article is intended to be used, we the RCA Model EMU-4 is not scientifi­ O r v ill e L. F r e e m a n , find that the greater resolving capabili­ Secretary. cally equivalent to the foreign article, ties are pertinent. (2) The foreign article for the purposes for which such article [F.R. Doc, 67-14201; Filed, Dec. 5, 1967; provides five accelerating voltages, 20, 40, 8:47 a.m.] is intended to be used. 60, 80, and 100 kilovolts, whereas the The Department of Commerce knows RCA Model EMU-4 provides only two of no other instrument or apparatus of accelerating voltages, 50 and 100 kilo­ volts. It has been experimentally estab­ equivalent scientific value to the foreign DEPARTMENT OF COMMERCE lished that the lower accelerating voltage article, for the purposes for which such provided by the foreign article produces Business and Defense Services article is intended to be used, which is optimum contrast for unstained speci­ Administration being manufactured in the United mens and that the voltages intermediate States. between 50 and 100 kilovolts produce CALIFORNIA INSTITUTE OF C h a r l e y M . D e n t o n , optimum contrast for negatively stained TECHNOLOGY Director, Office of Scientific and specimens. Notice of Decision on Application foi Technical Equipment, Busi­ For the foregoing reasons, we find that ness and Defense Services the RCA Model EMU-4 is not scientif­ Duty-Free Entry of Scientific Article Administration. ically equivalent to the foreign article, *°D°wing is a decision on an ap- [F.R, Doc. 67-14178; Filed, Dec. 5, 1967; for the purposes for which such article ation for duty-free entry of a scien­ 8:45 a.m.] is intended to be used.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 No. 235— <5 17496 NOTICES

The Department of Commerce knows cities program under Title I of the model cities program under Title I of of no other instrument or apparatus of Demonstration Cities and Metropolitan the Demonstration Cities and Metropoli­ equivalent scientific value to the foreign Development Act of 1966 (42 U.S.C. tan Development Act of 1966 (42 U.S.C. article, for the purposes for which such 3301-3313) except the authority to make 3301-3313) except the authority to: article is intended to be used, which is contracts for urban renewal projects un­ 1. Make contracts for urban renewal being manufactured in the United der section 103(b) of the Housing Act of projects under section 103(b) of the Housing Act of 1949, as amended (42 States. 1949, as amended (42 U.S.C. 1453), pur­ C h a r l e y M. D e n t o n , suant to section 113 of the Demonstra­ U.S.C. 1453), pursuant to section 113 of Director, Office of Scientific and tion Cities and Metropolitan Develop­ the Demonstration Cities and Metropoli­ Technical Equipment, Busi­ ment Act of 1966: Provided, however, tan Development Act of 1966. ness and Defense Services That the authority to make reservations 2. Make reservations or allocations of Administration. or allocations of grant funds in connec­ grant funds. tion with initial contracts and the au­ 3. Authorize contracts and commit­ [F.R. Doc. 67-14179; Filed, Dec. 5, 1967; ments for Federal grant assistance and 8:45 a.m.] thority to authorize initial contracts and commitments for Federal grant assist­ amendatory contracts which provide for ance are subject to the approval of the an increase in the total Federal grant Secretary of Housing and Urban Devel­ amount set forth in a contract: Provided, opment. however, That the Director and the DEPARTMENT OF HEALTH, EDU­ Deputy Director, Model Cities Adminis­ S e c . B. Additional authority delegated. 1. The Assistant Secretary for Demon­ tration, each is empowered to authorize CATION, AND WELFARE strations and Intergovernmental Rela­ waivers of contract provisions. Food and Drug Administration tions and the Deputy Assistant Secre­ 4. Suspend or terminate Federal grant tary for Demonstrations and Intergov­ assistance. CHIPMAN CHEMICAL CO., INC. ernmental Relations each is further au­ 5. Make rules and regulations. thorized to: S ec. B. Additional authority redele­ Notice of Withdrawal of Petition gated. The Director, Model Cities Admin­ Regarding Pesticides a. Redelegate to the Director and the Deputy Director, Model Cities Adminis­ istration, is further authorized to: Pursuant to the provisions of the tration, and to Regional Administrators 1. Designate one or more subordinate Federal Food, Drug, and Cosmetic Act and Deputy Regional Administrators employees to serve as Acting Director (sec. 4 0 8 (d )(1 ), 68 Stat. 512; 21 U.S.C. any authority delegated under section A during the absence of the Director. 346a(d)(l)), the following notice is except the authority to: 2. Designate one or more subordinate issued: 1. Make reservations or allocations of employees to serve in an acting capacity In accordance with § 120.8 Withdrawal grant funds. during the absence of the appointee to of petitions without prejudice of the ii. Authorize contracts and commit­ a position under the Director or during a pesticide regulations (21 C FR 120.8), ments for Federal grant assistance and vacancy in any such position. Chipman Chemical Co., Inc., Post Office amendatory contracts which provide for (Secretary’s delegations effective Nov. 27, Box 1065, Burlingame, Calif. 94010, has an increase in the total Federal grant 1967, 32 F.R. 17496, Dec. 6, 1967; and delega­ withdrawn its petition (PP 7F0536), no­ amount set forth in a contract: Provided, tions effective July 1, 1966 (31 F.R. 9752, July 19, 1966), as amended (32 F.R. 9325, tice of which was published in the F ed­ however, That the authority to authorize eral R egister of October 12, 1966 (31 June 30, 1967, and 32 F.R. 13466, Sept. 26, waivers of contract provisions may be re­ 1967) F.R. 13179), proposing a tolerance for delegated. residues of the herbicide bromoxynil iii. Suspend or terminate Federal Effective date. These redelegations (3,5 - dibromo - 4 - hydroxybenzonitrile), grant assistance. shall be effective as of November 27, from use of its octanoic acid ester, of b. Authorize Regional Administrators 1967. 0.2 part per million (calculated as brom­ a l p h aylor and Deputy Regional Adminic rators to H. R T , oxynil) in or on the raw agricultural redelegate to employees under their Assistant Secretary for Demon­ commodities barley, flax, oats, rye, and jurisdiction any authority redelegated strations, and Intergovern­ wheat. under section B, 1, a. mental Relations. Dated; November 29,1967. 2. The Assistant Secretary for Demon­ [F.R. Doc. 67-14205; Filed, Dec. 5, 1967; strations and Intergovernmental Rela­ 8:47 a.m.] J. K . K ir k , tions is authorized to make such rules Associate Commissioner and regulations as may be necessary to for Compliance. REGIONAL ADMINISTRATORS AND carry out the power and authority dele­ [F.R. Doc. 67-14223; Filed, Dec. 5, 1967; gated under section A. DEPUTY REGIONAL ADMINISTRA­ 8:48 a.m.] (Sec. 7(d) of Department of HUD Act of TORS 1965, 42 U.S.C. 3535(d)) Redelegations of Authority Effective date. These delegations of S e c t io n A. Authority redelegated with authority shall be effective as of Novem­ DEPARTMENT OF HOUSING AND respect to model cities program. Each ber 27, 1967. Regional Administrator and each Deputy R obert C. W eaver, URBAN DEVELOPMENT Regional Administrator of the Depart­ Secretary of Housing and ment of Housing and Urban Develop­ ASSISTANT SECRETARY AND DEPUTY Urban Development. ASSISTANT SECRETARY FOR DEM­ ment is hereby authorized to exercise th [F.R. Doc. 67-14204; Filed, Dec. 5, 1967; power and authority of the Secretary o ONSTRATIONS AND INTERGOV­ 8:47 a.m.] Housing and Urban Development witn ERNMENTAL RELATIONS respect to the model cities program under Delegations of Authority Title I of the Demonstration Cities ana DIRECTOR AND DEPUTY DIRECTOR, Metropolitan Development Act of ID S e c t io n A. Authority delegated with MODEL CITIES ADMINISTRATION (42 U.S.C. 3301-3313) except the au­ respect to model cities program. The As­ Redelegations of Authority thority to: . sistant Secretary for Demonstrations 1. Make contracts for urban renewa and Intergovernmental Relations and S e c t io n A. Authority redelegated with projects under section 103(b) of the Deputy Assistant Secretary for respect to model cities program. The D i­ Housing Act of 1949, as amended ^ Demonstrations and Intergovernmental rector and the Deputy Director, Model U.S.C. 1453), pursuant to section 113 o Relations each is hereby authorized to Cities Administration, each is hereby au­ the Demonstration Cities and Metropo i exercise the power and authority of the thorized to exercise the power and au­ tan Development Act of 1966. Secretary of Housing and Urban De­ thority of the Secretary of Housing and 2. M ake reservations or allocations velopment with respect to the model Urban Development with respect to the grant funds.

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17497

3. Authorize contracts and commit­ (3) To develop provisions and proce­ This order will be published in the ments for Federal grant assistance and dures for the handling of customers who F ederal R eg ister . amendatory contracts which provide for may repeatedly be “cash listed”; and By the Civil Aeronautics Board. an increase in the total Federal grant (4) To discuss the possibility of an amount set forth in a contract: Pro­ outside service organization being re­ [ s e a l ] H arold R . S a n d e r so n , vided, however, That each Regional Ad­ tained to process final notices and to pub­ Secretary. ministrator and each Deputy Regional lish the industry cash list. [F.R. Doc. 67-14212; Filed, Dec. 5, 1967; Administrator is empowered to authorize Notices and minutes of the foregoing 8:48 a.m.] waivers of contract provisions. meetings have been filed with the Board 4. Suspend or terminate Federal grant in Docket 18720 as required of the car­ [Docket No. 18791] assistance. riers. --- 5. Make rules and regulations. No opposition to the requested exten­ VIASA ENFORCEMENT CASE Sec. B. Additional authority redele­ sion of the carrier discussions has been gated. Each Regional Administrator and made known to the Board. Notice of Hearing Deputy Regional Administrator is fur­ Upon consideration of the petition and Venezolana Internacional de Aviacion, ther authorized to redelegate to one or other relevant matters, the Board will S.A., Enforcement proceeding. more employees under his jurisdiction grant the requested extension, subject any authority redelegated under sec­ to the conditions previously imposed Notice is hereby given, pursuant to the tion A. : (O rder E-25340, supra) as herein provisions of the Federal Aviation Act of amended.2 Review of the carriers' min­ 1958, as amended, that hearing in the (Secretary’s delegations effective Nov. 27, above-entitled matter is assigned to be 1967,32 F.R. 17496, Dec. 6,1967) utes indicates that the carriers have a preliminary draft of an agreement and, held on January 16,1968, at 10 a.m., e.s.t., Effective date. These redelegations in most respects, have made a deter­ in Room 211, Universal Building, 1825 shall be effective as of November 27, mined effort to advance this general Connecticut Avenue NW., Washington, 1967. subject in a manner consistent with the D.C., before Examiner Edward T. Stodola. H . R a l p h T a y l o r , mutual interests of their customers and Assistant Secretary for Dem on­ themselves. Some major problem areas Dated at Washington, D.C., Novem­ strations and Intergovern­ are not yet satisfactorily resolved but ber 30, 1967. mental Relations. hold hope of agreement, and the fioard [F.R. Doc. 67-14206; Filed, Dec. 5, 1967; concludes that additional discussion time [ s e a l ] F r a n c is W . B r o w n , 8:47 a.m.J is warranted. Chief Examiner. The Board would remind the carriers, [F.R. Doc. 67-14213; Filed, Dec. 5, 1967; however, that the restraint of competi­ 8:48 a.m.] tion inherent in any agreement reached CIVIL AERONAUTICS BOARD should be thoroughly supported by full [Docket No. 18720; Order E-26061] factual data. The carriers should fully explain why such agreement is necessary DELAWARE RIVER BASIN AIR TRANSPORT ASSOCIATION OF and warrants Board approval. In this AMERICA regard, the Board notes its concern at the COMMISSION Order Relating to Air Carrier concept, as indicated in the preliminary COMPREHENSIVE PLAN draft agreement, that a delinquent ac­ Discussions count with one carrier would require Notice of Public Hearing Adopted by the Civil Aeronautics Board denial of credit by all carriers to the Notice is hereby given that the Dela­ at its office in Washington, D.C., on the agreement, and a most compelling show­ ware River Basin Commission will hold 1st day of December 1967. ing would be required to support such a a public hearing on Wednesday, Decem­ In the matter of air carrier discussions proposal. ber 13, 1967. The hearing will take place concerning air freight credit, billing and Accordingly, pursuant to the Federal in Room 1306 of the State Office Build­ collection practices. Aviation Act of 1958, and particularly ing, Broad and Spring Garden Streets in By petition filed October 26, 1967, the sections 204(a), 412, and 414 thereof, Philadelphia, beginning at 2 p.m .' The Air Transport Association of America It is ordered, That: subject of the hearing will be proposals (ATA) on behalf of its member carriers, 1. The expiration date of the authority to amend the Comprehensive Plan so as requests a 90-day extension of the prior granted in paragraph 1 of Order E- to include therein the following projects: Board authorization1 for carrier dismis­ 25340, dated June 23, 1967, is extended sions relating to air freight credit, billing, to February 15,1968; 1. Delaware River Joint Toll Bridge and collection practices. Such prior dis­ 2. Paragraphs 6 and 7 of Order E- Commission. A highway bridge across the cussion authority expired on October 21, 25340 are amended to read: Delaware River 1.1 miles north of New 1967. 6. Complete and accurate minutes Hope, Pa., and Lambertville, N.J. The bridge will also cross the Delaware and ATA states that sefen meetings of the shall be kept of all meetings and four Raritan Canal and the Pennsylvania farriers have been held during the' au­ true copies thereof filed with the Board Delaware Canal. thorized period, including one with air in Docket 18720 not later than 15 days height forwarders and one with other (excluding Saturdays and Sundays) af­ 2. Tidewater Utilities, Inc. A well shippers, and that a preliminary draft ter the conclusion of each meeting; water supply project to augment public agreement on credit, billing, and collec- 7. Four copies of any agreement or water supply in the company’s service ^Practlces has been drafted, but that agreements reached as a result of such area in Kent County, Del. To be located further discussions are necessary for the discussions shall be filed with the Board just north of the city of Dover, the new following reasons: in Docket 18720 in accordance with facility is expected to yield about 120 gallons per minute. (1) To permit the carriers to conclude section 412 of the Act and approved by the Board prior to being placed into ef­ 3. Stevensville Water District. A well in„agr£ietnen*' on air freight credit, bill­ water supply project to augment avail­ ing, and collection practices ; fect and/or filed as tariff provisions; and * * * able supplies in Swan Lake, N.Y. The new .consfder the competitive prob- 3. All other provisions of Order E- facility is expected to yield about 350 gal­ intr international air carriers serv- 25340 shall remain unchanged. lons per minute. nar+i States which may not be 4. Borough of Coopersburg. A well Pnrties to the agreement; 2 For internal procedural reasons, the water supply project to augment public Board will require the carriers to file four supplies in the borough of Coopersburg, Order E-25340, dated June 23,1967. copies of all material in this docket. Lehigh County, Pa. The new facility is

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, .1967 17498 NOTICES

expected to yield about 240 gallons per 1940,15 U.S.C. Sec. 80a-l, et seq. (“Act”) minute. FEDERAL POWER COMMISSION has filed an application pursuant to sec­ 5. Borough of Stroudsburg. A project [Docket No. E-7344] tion 6 (c) of the Act requesting an order to increase the capacity of the filter plant of the Commission exempting from the of the borough of Stroudsburg, Monroe ELECTRIC PLANT BOARD OF provisions of section 22(d) of the Act County, Pa., from 0.625 to 1.58 million PADUCAH, KY. ET AL. the proposed issuance and delivery of its redeemable securities to Haven gallons per day. Order Providing for Hearing; 6. New Castle County. An interceptor Homes, Inc. (“Haven”), a New Jersey Correction sewer, designated as the South Christina corporation, in exchange for substantial­ Interceptor, in New Castle County, Del. N ovem ber 22, 1967. ly all the assets of Haven, pursuant to a The interceptor will carry sewage from certain Agreement and Plan of Reor- Electric Plant Boards of the cities of iganization. the city of Newark to the Wilmington Paducah, Hickman, Pulton, and Prince­ sewage treatment plant and will have a ton, Ky. v. Kentucky Utilities Co., Docket Section 22(d) of the Act provides, in capacity of 26.8 million gallons daily. No. E-7344. pertinent part, that no registered invest­ ment company shall sell any redeemable 7. Pequest Water Company. A project In order providing for hearing, issued security issued by it to any person except to develop a new water supply system to November 17, 1967 and published in the at a current public offering price de­ serve a portion of the township of Alla- F ederal R eg ister November 23, 1967, scribed in its prospectus. Shares of Ap­ muchy, N. J., including the Panther Lodge F.R. Doc. 67-13738, 32 FJt. 16115, Docket plicant are offered to the public at a price Community. The company plans to de­ No. E-7344, third paragraph, line four, velop several new wells which will afford which includes a sales commission in change after 1965 to and strike addition to their net asset value. Since a system capacity of about 660,000 gal­ “and as indicated on attached Appendix shares of Applicant will be issued to A”. lons per day. Haven at net asset value, without a sales 8. North Penn Water Authority. A well K e n n e t h F. P l u m b , commission, an exemption is requested. Acting Secretary. water supply project to serve a new hous­ U nder section 6 (c) of the Act the Com­ ing development in the Authority’s serv­ [F.R. Doc. 67-14180; Filed, Dec. 5, 1967; mission may exempt any transaction 8:45 a.m.] ice area in Lower Salford Township, from the provisions of the Act if such exemption is necessary or appropriate in Montgomery County, Pa. The new facil­ [Docket No. RI68-217 etc.] the pubic interest and consistent with ity is expected to yield about 150 gallons the protection of investors and the pur­ per minute. MARATHON OIL CO. ET AL. poses fairly intended by the policy and provisions of the Act. All interested 9. Upper Moreland-Hatboro Joint Order Accepting Contract Amend­ Sewer Authority. A project to expand the persons are referred to the application on ments, Providing for Hearings on file with the Commission for a statement capacity of the Authority’s existing sew­ and Suspension of Proposed of the representations which are sum­ age treatment plant in Montgomery Changes in Rates marized below. County, Pa., from 2.6 to 3.6 million gal­ Haven is a personal holding company N ovem ber 22, 1967. lons per day. A major portion of the having one shareholder. It is not making plant would also be converted from the In the order accepting contract and does not intend to make a public amendments providing for hearings on activated sludge process to contact sta­ offering of its stock and is excepted and suspension of proposed changes in bilization. from the Act by reason of the provisions rates issued November 9, 1967, and pub­ of section 3(c) (1) thereof. There is no 10. City of Bridgeton. A well water lished in the F ederal R egister November connection between Haven and Applicant supply project to provide additional pub­ 18, 1967, F.R. Doc. 67-13516, 32 F.R. and no officer or shareholder of Haven is lic water supplies for the city of Bridge- 15898, Docket Nos. RI68-217 et al. (Op­ an affiliated person of the Applicant. ton, N.J. Designated as Well No. 12, the posite Supplement No. 21 to Marathon’s Pursuant to the Plan, substantially all FPC Gas Rate Schedule No. 14), under new facility is expected to yield about the assets of Haven will be transferred column headed “Proposed Increase Rate” 500 gallons per minute. to Applicant in exchange for shares of change the rate “16.682” to “ 18.682”. Applicant which will be distributed to 11. Ewing-Lawrence Sewerage Au­ K e n n e t h F. P l u m b , H aven’s shareholder upon liquidation. thority. A force main and pumping sta­ Acting Secretary. Neither Haven nor its shareholder has tion to serve the Mountain View section any present intention of redeeming [F.R. Doc. 67-14181; Filed, Dec. 5, 1967; shares of Applicant which will be re­ of Ewing Township, Mercer County, N.J. 8:45 a.m.] The new facility will have a capacity of ceived. The number of shares of Appli­ about 650,000 gallons per day. cant to be delivered to Haven will be determined on the basis of the net asset 12. Borough of Slatington. A well value of Applicant’s shares and the value water project to provide additional public SECURITIES AND EXCHANGE of H aven’s assets to be transferred, sub­ water supply for the borough of Slating­ ject to certain adjustments set forth in ton, Lehigh County, Pa. Designated as COMMISSION the Plan, as of the close of business on [812-2163] Well No. 4, the new facility is expected the New York Stock Exchange on the day preceding the date of closing. If the to yield about 160 gallons per minute. LEXINGTON RESEARCH INVESTING valuation under the Plan had taken Documents relating to the above pro­ CORP. place on June 30, 1967, no adjustment posed additions to the Comprehensive Notice of Filing of Application for would have been necessary and the value Plan may be examined at the Commis­ Order Exempting Sale by Open- of Haven’s assets to be exchanged would sion’s offices. All persons wishing to tes­ End Company of Its Shares at Price have been $313,496. tify are requested to register in advance Applicant represents that the pnce Other Than Public Offering Price was arrived at by arms-length bargain­ with the Secretary to the Commisison. N ovem ber 30, 1967. ing and that the consummation of the 609-883-9500. transaction will be beneficial to its share­ Notice is hereby given that Lex­ holders in that it will be able to ac- W . B r in t o n W h it a l l , ington Research Investing Corp. (“Ap­ Secretary. quire a large block of securities without plicant”), 163 Engle Street, Englewood, paying brokerage commissions. N o v e m b e r 28, 1967. N.J., a management open-end nondiver- Notice is further given that any inter­ [F.R. Doc. 67-14215; Filed, Dec. 6, 1967; sifted investment company registered ested person may, not later than Decem- 8:48 a.m.] under the Investment Company Act of ber 20, 1967, at 5:30 p.m., submit to tne

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17499

Commission in writing a request for a prior to maturity, except that no such the request. At any time after said date, hearing on the matter accompanied by a prepayment shall be from the proceeds of the declaration, as filed or as it may be statement as to the nature of his inter­ a borrowing from another commercial amended, may be permitted to become est, the reason for such request and the bank. effective as provided in Rule 23 of the issues of fact or law proposed to be con­ Prior to entering into the arrangement general rules and regulations promul­ troverted, or he may request that he be for the issue and sale of the note to gated under the Act, or the Commission notified if the Commission shall order a M organ Guaranty, N EE S held discussions may grant exemption from such rules hearing thereon. Any such communica­ with six commercial banks and four in­ as provided in Rules 20(a) and 100 tion should be addressed: Secretary, surance companies. It is stated that of thereof or take such other action as it Securities and Exchange Commission, the six proposals received by NEES, the may deem appropriate. Persons who re­ Washington, D.C. 20549. A copy of such terms offered by Morgan Guaranty were quest a hearing or advice as to whether request shall be served personally or by the most favorable to NEES. a hearing is ordered will receive notice mail (air mail if the person being served The proceeds from the sale of the note of further developments in this matter, is located more than 500 miles from the will be added to the general funds of including the date of the hearing (if or­ point of mailing) upon Applicant at the NEES and made available to its subsidi­ dered) and any postponements thereof. address stated above. Proof of such serv­ aries (particularly New England Power For the Commission (pursuant to dele­ ice (by affidavit or in case of an attorney Co. which is building a 630 M W generat­ gated authority). at law by certificate) shall be filed con­ ing unit for operation in 1969), either [ s e a l] O rval L . D u B o is , temporaneously with the request. At any through loans or purchases of additional Secretary. time after said date, as provided by Rule shares of their capital stocks, in further­ 0-5 of the rules and regulations promul­ ance of their construction programs, to [F.R. Doc. 67-14193; Filed, Dec. 5» 1967; gated under the Act, an order disposing pay short-term notes to banks previously 8:46 a.m.] of the application herein may be issued issued for that purpose, or to provide for by the Commission upon the basis of the other capitalizable expenditures. The information stated in said application balance, if any, is to be used for general unless an order for hearing upon said purposes of NEES. SMALL BUSINESS application shall be issued upon request NEES asserts that it is inadvisable for or upon the Commission’s own motion. it to issue and sell common stock at this ADMINISTRATION Persons who request a hearing or advice time. The declaration states that studies as to whether a hearing is ordered will [Declaration of Disaster Loan Area 642] looking to the possible affiliation of Bos­ receive notice of further developments in ton Edison Co., Eastern Utilities Asso­ CALIFORNIA this matter including the date of the ciates, and N EE S have been underway for hearing (if ordered) and any postpone­ Declaration of Disaster Loan Area some time, and it appears that an issue ments thereof. by NEES of additional common shares Whereas, it has been reported that dur­ For the Commission (pursuant to dele­ at this time would add to the complexity ing the month of November 1967, because gated authority). of the studies, particularly the determi­ of the effects of certain disasters, dam­ nation of the appropriate exchange age resulted to residences and business [seal] O rval L. D u B o is , property located in Los Angeles and Ven­ Secretary. ratios for the shareholders of each com­ pany. NEES also states that its estimated tura Counties, in the State of California; [F.R. Doc. 67-14192; Filed, Dec. 5, 1967; cash flow is such that the necessary Whereas, the Small Business Adminis­ 8:46 a.m.] equity funds for its subsidiary companies tration has investigated and received during the next 5 years will be generated other reports of investigations of condi­ [70-4562] from retained earnings. It is further tions in the areas affected; stated that the corporate and consoli­ NEW ENGLAND ELECTRIC SYSTEM Whereas, after reading and evaluating dated capitalization ratios of NEES and reports of such conditions, I find that the Notice of Proposed Issue and Sale of of NEES and its subsidiaries are such conditions in such areas constitute a 5-Year Installment Note to Bank that an issue and sale of additional com­ catastrophe within the purview of the mon shares by NEES is not required. Small Business Act, as amended. N o vem ber 30,1967. Expenses to be incurred by NEES in Now, therefore, as Associate Adminis­ Notice is hereby given that New Eng­ connection with the proposed transaction trator of the Small Business Administra­ land Electric System ( “N E E S ”) , 441 are estimated at $3,000, and consist of tion, I hereby determine that: charges, at cost, of the system service Stuart Street, Boston, Mass. 02116, a 1. Applications for disaster loans un­ company^ The declaration states that no registered holding company, has filed a der the provisions of section 7(b) (1) of State commission and no Federal com­ declaration with this Commission pur­ the Small Business Act, as amended, may mission, other than this Commission, has suant to the Public Utility Holding Com­ be received and considered by the Office jurisdiction over the proposed trans­ pany Act of 1935 (“Act”), designating below indicated from persons or firms action. sections 6(a) and 7 of the Act as ap­ whose property, situated in the aforesaid plicable to the proposed transaction. All Notice is further given that any inter­ counties and areas adjacent thereto, interested persons are referred to the ested person may, not later than De­ suffered damage or destruction resulting declaration, which is summarized below, cember 21, 1967, request in writing that from floods and mud slides caused by for a complete statement of the proposed a hearing be held on such matter, stat­ excessive rainfall occurring on Novem­ transaction. ing the nature of his interest, the rea­ ber 19 through November 21, 1967. NEES proposes to issue and sell a 5- sons for such request, and the issues of year, unsecured installment promissory fact or law raised by said declaration Office note in the principal amount of $16 m il- which he desires to controvert; or he SmaU Business Administration Regional Of­ lion to Morgan Guaranty Trust Company may request that he be notified if the fice, 312 West Fifth Street, Los Angeles, of New York (“Morgan Guaranty”) . The Commission should order a hearing Calif. 90013. note will be dated as of the day of issue thereon. Any such request should be ad­ 2. Applications for disaster loans un­ and will bear interest at the rate of one- dressed: Secretary, Securities and Ex­ der the authority of this Declaration will ourth of l percent per annum over the change Commission, Washington, D.C. *ail;y prime rate in effect on the unpaid 20549. A copy of such request should be not be accepted subsequent to May 31, ahflC.lpaV r^ le Principal sum will be pay- served personally or by mail (airmail 1968. 7?. .eteht semiannual installments of if the person being served is located more Dated: November 29,1967. in on each commencing 1968, and than 500 miles from the point of mail­ ^ailments of $2 million and $6 million ing) upon the declarant at the above- L. B. H e n d r ic k s , the fifth year. The note will be stated address, and proof of service (by Associate Administrator. ecfc’ at the option of NEES, to pre- affidavit or, in case of an attorney at [FJ8. Doc. 67-14194; Filed, Dec. 5, 1967; p yment in whole or in part at any time law, by certificate) should be filed with 8:46 am .]

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17500 NOTICES

thence over U.S. Highway 24 to Peoria, TARIFF COMMISSION INTERSTATE COMMERCE 111., thence over Illinois Highway 116 to [TEA-F-7, TEA-F-8] junction U.S. Highway 34, thence over COMMISSION U.S. Highway 34 to Ottumwa, Iowa, PETITION OF EMIL J. PAIDAR CO. [Notice 475] thence over U.S. Highway 63 to Oska- AND KOKEN COMPANIES, INC. loosa, Iowa, thence over Iowa Highway MOTOR CARRIER ALTERNATE ROUTE 163 to Des Moines, Iowa, thence to Win­ Determinations of Eligibility To Apply DEVIATION NOTICES terset, Iowa, as specified in (1) above, and return over the same routes. for Adjustment Assistance; Notice D e c e m b e r 1, 1967. of Investigations No. M C 59680 (Deviation No. 53), The following letter-notices of pro­ STRICKLAND TRANSPORTATION posals to operate over deviation routes Upon petition under section 301(a) (2) CO., INC., Post Office Box 5689, Dallas, for operating convenience only have been of the Trade Expansion Act of 1962 by Tex. 75222, filed November 22,1967. Car­ filed with the Interstate Commerce Com­ rier proposes to operate as a common the Emil J. Paidar Co., Chicago, 111., and mission, under the Commission’s devia­ carrier, by motor vehicle, of general the Koken Companies, Inc., St. Louis, tion rules revised, 1957 (49 C P R 211.1 commodities, with certain exceptions, Mo., the U.S. Tariff Commission, on No­ (c) ( 8)) and notice thereof to all inter­ over a deviation route as follows: From vember 29,1967, instituted investigations ested p>ersons is hereby given as provided junction Interstate Highway 76 and in such rules (49 CPR 211.1(d) (4 )). under section 301(c) (1) of the said Act Interstate Highway 83, near New Cum­ Protests against the use of any pro­ to determine whether, as a result in berland, Pa., over Interstate Highway 83 posed deviation route herein described to Harrisburg, Pa., thence over U.S. major part of concessions granted under may be filed with the Interstate Com­ Highway 22 (or Interstate Highway 78 trade agreements, barber chairs and merce Commission in the manner and where completed) to Easton, Pa., thence parts thereof, provided for under item form provided in such rules (49 C PR over U.S. Highway 22 to Phillipsburg, 727.02 of the tariff Schedules of the 211.1 (e)) at any time, but will not op­ N.J., thence over New Jersey Highway United States and like or directly com­ erate to stay commencement of the pro­ 24 to Hackettstown, N.J., thence over posed oporations unless filed within 30 petitive with articles produced by the New Jersey Highway 24 to junction days from the date of publication. Interstate Highway 80, thence over Inter­ aforementioned firms, are being im­ Successively filed letter-notices of the state Highway 80 to Denville, N.J., thence ported into the United States in such in­ same carrier under the Commission’s de­ over Interstate Highway 80 to junction creased quantities as to cause, or viation rules revised, 1957, will be num­ U.S. Highway 46, thence over U.S. High­ threaten to cause, serious injury to such bered consecutively for convenience in way 46 to junction New Jersey Highway firms. identification and protests if any should 20, thence over New Jersey Highway 20 refer to such letter-notices by number. to junction New Jersey Highway 4, Pursuant to section 403 of the Trade thence over New Jersey Highway 4 to M otor C arriers o f P r o pe r t y Expansion Act of 1962, these investiga­ junction U.S. Highway 9 near the George tions are consolidated with the investi­ No. MC 981 (Deviation No. 1), ABLE Washington Bridge, and return over the gation of the barber chair industry be­ TRANSPORTATION, INC., Post Office same route, for operating convenience ing conducted by the Tariff Commission Box 16886, Denver, Colo. 80216, filed No­ only. The notice indicates that the car­ vember 24,1967. Carrier’s representative: under section 301(b)(1) of the Trade rier is presently authorized to transport Charles W. Singer, Suite 1625, The Con­ the same commodities, over a pertinent Expansion Act (Investigation TEA-I-11). necticut . Mutual Building, 33 North service route as follows: From junction The industry investigation was instituted Dearborn Street, Chicago, HI. 60602. Interstate Highway 76 and Interstate by the Commission on July 26, 1967 (32 Carrier proposes to operate as a com­ Highway 83, near New Cumberland, Pa., P.R. 11099), and public hearings were mon carrier, by motor vehicle, of gen­ over the Pennsylvania Turnpike to junc­ held beginning on November 7, 1967 (32. eral commodities, with certain- excep­ tion New Jersey Turnpike, thence over tions, over deviation routes as follows: the New Jersey Turnpike to Newark, P.R. 12979). (1) From Chicago, 111., over Interstate N.J., thence over U.S. Highway 9 to the The petitioners have not requested Highway 55 to junction Interstate High­ George Washington Bridge, and return that public hearings be held in connec­ way 80, thence over Interstate Highway over the same routé. tion with the investigations instituted 80 to junction U.S. Highway 65, thence No. M C 78643 (Deviation No. 5), under section 301(c)(1) of the Trade over U.S. Highway 65 to Des Moines, H A R T M O T O R EXPRESS, INC., 2417 North Cleveland, St. Paul, Minn. 55113, Expansion Act. Accordingly, no hearing Iowa, and (2) from Chicago, 111., over In­ terstate Highway 55 to junction Inter­ filed November 22, 1967. Carrier pro­ will be held unless the Commission is re­ state Highway 80, thence over Inter­ poses to operate as a common carrier, by quested to do so by any party showing state Highway 80 to junction U.S. High­ motor vehicle, of general commodities, a proper interest in the subject matter way 69, thence over U.S. Highway 69 to with certain exceptions, over deviation of these investigations, provided such re­ Des Moines, Iowa, and return over the routes as follows: (1) Prom Chicago, UL j quest is filed with the Secretary of the same routes, for operating convenience over Interstate Highway 94 to Milwau- only. The notice indicates that the car­ kee, Wis., thence over Interstate High- ' Tariff Commission within 10 days after rier is presently authorized to transport way 94 to Madison, Wis., and (2) from] this notice is published in the F ederal the same commodities, over pertinent Chicago, 111., over Interstate Highway 94] R eg ister . service routes as follows: ( 1) Prom to Milwaukee, Wis., thence over Inter- ■ The petition filed in this case is availa­ Chicago, 111., over U.S. Highway 34 to state Highway 894 to junction Interstate ble for inspection at the office of the Sec­ junction Illinois Highway 92, near La Highway 94, thence over Interstate Hign- j way 94 to Madison, Wis., and return over retary, U.S. Tariff Commission, eighth Moille, HI., thence over Hlinois H igh­ way 92 via Silvis and East Moline, 111., the same routes, for operating convex- j and E Streets NW, Washington, D.C., to Moline, 111., thence over U,S. Highway ience only. The notice indicates that tne and at the New York City office of the 6 to junction Iowa Highway 90, thence carrier is presently authorized to trans- j Tariff Commission located in Room 437 over Iowa Highway 90 to Des Moines, port the same commodities, over a per , at the Customhouse. Iowa, thence over Iowa Highway 28 to nent service route as follows: Fro Martensdale, Iowa, thence over Iowa Chicago, 111., over U.S. Highway 45 to Issued : December 1,1967. Highway 92 to Winterset, Iowa, and (2) Milwaukee, Wis., thence over U.S. Hign j By order of the Commission. from Chicago, HI., over U.S. Highway 66 way 18 to Madison, Wis., and return j to junction Alternate U.S. Highway 66, the same route. „ . ] [ s e a l ] D o n n N. B e n t , thence over Alternate U.S. Highway 66 No. M C 97726 (Sub-No. D

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17501

Carrier’s representative: Samuel W . M otor C arriers o f P r o pe r t y said junction and Barstow, Calif., serv­ Taylor, 57 Adamas Avenue, Montgomery, No. MC 52579 (Sub 95 T A ), filed No­ ing applicant’s express offices in the in­ Ala. 36103. Carrier proposes to operate vember 27, 1967. Applicant: GILBERT termediate and/or off-route points of as a common carrier, by motor vehicle, CARRIER CORP., 1 Gilbert Drive, Se- Baldwin Park, Pomona, and San Ber­ of general commodities, with certain ex­ caucus, N.J. 07094. Applicant’s represen­ nardino, Calif., in support of this request ceptions, over deviation routes as fol­ tative: Aaron Hoffman (same address as applicant states. Restrictions: (1) The lows: (1) Prom junction U.S. Highway above). Authority sought to operate as a service to be performed by the applicant 31 and Alabama Highway 143, in M ont­ common carrier, by motor vehicle, over shall be limited to that which is auxiliary gomery, Ala., over U.S. Highway 31 to irregular routes, transporting: Wearing to or supplemental of express service of junction Alabam a Highway 143 just apparel, loose, on hangers, from D e Kalb, the Railway Express Agency, Inc. (2) north of Mountain Creek, Ala., (2) from 111., to Chicago, 111., with authority to Shipments transported by applicant Birmingham, Ala., over Interstate H igh­ tack at Chicago, 111., with all existing au­ shall be limited to those on through bills way 65 (using UJS. Highway 31 where thority and to interline at New York, of lading or express receipts. (3) Such portions of Intersate Highway 65 are not N.Y., commercial zone with authorized further specific conditions as the Com­ completed) to Montgomery, Ala., and (3) I.C.C. connecting carriers, for 150 days. mission, in the future, may find neces­ from Montgomery, Ala., over U.S. High­ Supporting shipper: Brody Manufactur­ sary to impose in order to restrict appli­ way 331 to junction Alabama Highway ing Co., 1330 East Lincoln, De Kalb, HI. cant’s operations to a service which is 189, just south of Brantley, Ala., thence auxiliary to or supplemental of express 60115. N o t e : Applicant intends to tack over Alabama Highway 189 to Elba, Ala., at Chicago, 111., with all existing au­ service of the Railway Express Agency, and return over the same routes, for thority, and to interline at New York, Inc. N o t e : Applicant requests that the operating convenience only. The notice N.Y., commercial zone with authorized authority for the proposed operation, if indicates that the carrier is presently au­ Interstate Commerce Commission con­ granted, be construed as an extension, thorized to transport the same commodi­ necting carriers. Send protests to: Dis­ to be joined and combined with REA’s ties, over pertinent service routes as fol­ trict Supervisor, Walter J. Grossmann, existing authority in MC 66562 and subs lows: (1) Prom Montgomery, Ala., over Interstate Commerce Commission, 1060 thereunder; thereby negating the re­ Alabama Highway 143 to junction U.S. Broad Street, Room 363, Newark, N.J. strictions against tacking or connections Highway 31 just north of Mountain 07102. customarily placed upon temporary Creek, Ala., thence over U.S. Highway authorities, for 150 days. Supporting No. MC 52579 (Sub-No. 96 TA), filed 31 to Birmingham, Ala., (2) from Mont­ shippers: There are approximately 11 November 28,1967. Applicant: G IL B E R T gomery, Ala., over U.S. Highway 231 to statements of support attached to the CARRIER CORP., 1 Gilbert Drive, Se- Troy, Ala., thence over Alabam a H igh­ application, which may be examined caucus, N.J. 07094. Applicant’s represen­ way 87 to Elba, Ala., and (3) from Anda­ here at the Interstate Commerce Com­ tative: Aaron Hoffman (same address as lusia, Ala., over U.S. Highway 84 to E n­ mission in Washington, D.C., or copies above). Authority sought to operate as terprise, Ala., and return over the same thereof which may be examined at the a common carrier, by motor vehicle, routesiM field office named below. Send protests over irregular routes, transporting: ( 1) to: Stephen P. Tomany, District Super­ By the Commission. Wearing apparel, loose, on hangers, from visor, Interstate Commerce Commission, points in Georgia, North Carolina, and [seal] + H. N e il G ar so n, Bureau of Operations, 346 Broadway, South Carolina to points in the New York Secretary. N ew York, N.Y. 10013. commercial zone, as defined by the Com­ [F.R. Doc. 67-14208; Piled, Dec. 5, 1967; mission and, ( 2) materials and supplies No. MC 116427 (Sub-No. 6 TA), filed 8:47 a.m.] used in the manufacture of wearing ap­ November 27, 1967. Applicant: LAS parel, moving to or from the facilities of VEGAS TANK LINES INC., doing bus­ [Notice 503] manufacturers and/or contractors of iness as LAS VEGAS TRUCK LINE, 1901 wearing apparel, between points in South Industrial Avenue, Post Office Box MOTOR CARRIER TEMPORARY Georgia, North Carolina, and South 295, Las Vegas, Nev. 89101. Applicant’s AUTHORITY APPLICATIONS Carolina, on the one hand, and points in representative: Ernest D. Salm, 3846 the New York, N.Y., commercial zone, as Evans Street, Los Angeles, Calif. 90027. D ecem ber 1, 1967. defined by the Commission, on the other, Authority sought to operate as a common The following are notices of filing of for 180 days. N o t e : Applicant intends to carrier, by motor vehicle, over irregular applications for temporary authority un­ tack with MC-52579 and subs and to in­ routes, transporting: Gypsum plaster­ der section 210a(a) of the Interstate terline at points in the New York, N.Y., board and gypsum wallboard (Plaster­ Commerce Act provided for under the commercial zone. Supporting shipper: board) from Apex and Blue Diamond, new rules of Ex Parte No. M C 67 (49 C FR There are 27 supporting shippers whose Nev., to points in Los Angeles, Orange, Part 340) published in the F ederal R eg­ names and addresses are on file in the Riverside, and San Bernardino Counties, ister, issue of April 27, 1965, effective Newark, N.J., field office and at the Calif., for 180 days. Supporting shippers: July l, 1965. These rules provide that Washington, D.C., office of the Commis­ The Flintkote Co.,' 1650 South Alameda Protests to the granting of an application sion. Send protests to: District Super­ Street, Los Angeles, Calif. 90054; Fiber- inust be filed with the field official named visor, Walter J. Grossmann, Interstate board Corp., 475 Brannan Street, Sail the F ederal R egister publication, Commerce Commission, Bureau of Oper­ Francisco, Calif. 94107. Send protests to: within 15 calendar days after the date of ation, 1060 Broad Street, Room 363, Daniel Augustine, District Supervisor, kv6 °f the application is Newark, N.J. 07102. Interstate Commerce Commission, Bu­ Published in the F ederal R eg ister . One No. MC 66562 (Sub-No. 2278 T A ), filed reau of Operations, 11 West Telegraph copy of such protest must be served on November 21, 1967. Applicant: RAIL­ Street, Carson City, Nev. 89701. the applicant, or its authorized repre­ WAY EXPRESS AGENCY, INCOPO- No. MC 119777 (Sub-No. 93 T A ), filed sentative, if any, and thè protests must RATED, 219 East 42d Street, New York, November 28, 1967. Applicant: LIGON j&rtify that such service has been made, N.Y. 10017. Applicant’s representative: SPECIALIZED HAULER, INC., Post ^he protests must be specific as to the James C. Ingwersen, 1815 Egbert Avenue, Office Box L, Madisonville, Ky. 42431. Applicant’s representative: Fred F. service which such protestant can arid San Francisco, Calif. 94124. Authority sought to operate as a common carrier, Bradley, Suite 202-204, Court Square ' offer, and must consist of a signed by motor vehicle, over regular routes, Office Building, 213 St. Clair Street, original and six copies. transporting: General commodities mov­ Frankfort, Ky. 40601. Authority sought . A copy of the application is on file, and ing in express service: Between Los An­ to operate as a common carrier, by motor geles, Calif., and Barstow, Calif.; over can be examined at the Office of the Sec- vehicle, over irregular routes, transport­ ary, Interstate Commerce Commis- regular routes as follows; over Interstate Highway 10, between Los Angeles and the ing: Agricultural implements and parts fipis’ ^ as^ ngf°n» D.C., and also in the junction of said highway with Interstate and accessories, including disc harrows office to which protests are to be Highway 15; over Interstate Highway 15 and rotary cutters, from Poplarville, transmitted. and U.S. Highways 66-395, between the Miss., to Moultrie, Ga., Fairmont, N.C.,

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17502 NOTICES

and Houston, Tex., for 180 days. Sup­ mately may be granted as a result of the hicle, in interstate or foreign commerce, porting shipper: James A. Bates, Treas­ applications here noticed will not neces­ of passengers and their baggage, in char­ urer and Office Manager, The Poplarville sarily reflect the phraseology set forth ter service, in round-trip all-expense Implement Co., Poplarville, Miss. 39470. in the application as filed, but also will tours ( 1) beginning and ending at points Send protests to: Wayne L. Merilatt, eliminate any restrictions which are not in the Borough of Queens, New York, District Supervisor, Bureau of Opera­ acceptable to the Commission. N.Y., and in Nassau and Suffolk Coun­ tions, Interstate Commerce Commission, ties, N.Y., and (2) beginning at points in A pplications A ssig n e d for O ral H earing 426 Post Office Building, Louisville, Ky. the Borough of Manhattan, New York, 40202. MOTOR CARRIERS OF PROPERTY and extending at points in Nassau and No. MC 129307 (Sub-No. 1 TA), filed No. MC 4941 (Sub-No. 28) (Republica­ Suffolk Counties, and extending, in each November 27, 1967. Applicant: McKEE tion) , filed November 9, 1967, published instance, to points in Maine, New Hamp­ LIN E S, INC., 644 54th Avenue, M atta- in the F ederal R egister of November 30, shire, Vermont, Massachusetts, Connecti­ wan, Mich. 49071. Applicant’s represent­ 1967, and republished this issue. Appli­ cut, Rhode Island, New York, New Jer­ ative: William L. Carney, 105 East Jen­ cant: QUINN FREIGHT LINES, INC., sey, Pennsylvania, Delaware, Maryland, nings Avenue, South Bend, Ind. 46614. 1093 North Montello Street, Brockton, the District of Columbia, and Virginia, Authority sought to operate as a common Mass. 02403. Applicant’s representative: subject to the right of the Commission carrier, by motor vehicle, over irregular Mary E. Kelley, 10 Tremont Street, Bos­ to impose, after final determination of routes, transporting: Pizza pies and ma­ ton, Mass. 02108. Authority sought to the proceeding in Ex Parte No. MC-29 terials used in the preparation of pizza operate as a common carrier, by motor (Sub-No. 2), Operations of Brokers of pies, from Syracuse, Ind., to points in vehicle, over regular routes, transport­ Passenger Transportation, such terms Kentucky, Michigan, Virginia, West Vir­ ing: General commodities, except those and conditions, if any, as may be deemed ginia, North Carolina, South Carolina, of unusual value, classes A and B ex­ necessary to insure that the operations Tennessee, Georgia, Florida, and Ala­ plosives, household goods as defined by of applicant are limited to bona fide bama, for 180 days. Supporting shipper: the Commission, commodities in bulk, operations as a broker of passenger G & W Food Products Corp., of Indiana, commodities requiring special equipment transportation. Post Office Box 665, Syracuse, Ind. 46567. and those injurious or contaminating to A report of the Commission, Review Send protests to: C. R. Flemming, Dis­ other lading, serving the plant and ware­ Board Number 2 decided November 13, trict Supervisor, Bureau of Operations, house sites of Eastern Products Corp., 1967 and served November 17, 1967, as Interstate Commerce Commission, 221 located in Howard County, Md., at or supplemented, finds that operation by Federal Building, Lansing, Mich. 48933. near the junction of Maryland Highway applicant at Hampstead, N.Y., as a broker No. MC 129544 TA, filed November 22, 32 and U.S. Highway 29, as an off-route in arranging for transportation by motor 1967. Applicant: INTER CITY EXPRESS point in connection with applicant’s reg­ vehicle, in interstate or foreign com­ (1955) LTD., 1457 Vancouver, British ular route authorities between Baltimore, merce, of passengers and their baggage, Columbia, Canada. Applicant’s repre­ Md., and New York, N .Y. N o t e : The pur­ in round-trip, all-expense tours, begin­ sentative: Hugh Smith (same address as pose of this republication is to reflect the ning and ending at New York, N.Y., and abo ve). Authority sought to operate as hearing information. points in Nassau and Suffolk Counties, a common carrier, by motor vehicle, over HEARING: January 15,1968, in Room N.Y., and extending to points in the irregular routes, transporting: Muriatic 108, Federal Building, Charles Center, United States, except that service at New acid, from ports of entry on the interna­ 31 Hopkins Plaza, Baltimore, Md., be­ York, N.Y., shall be limited to pickup and discharge of passengers joining or de­ tional boundary line between Canada fore Joint Board No. 112. parting from tours which begin and end and the United States at Blaine and No. MC 5592 (Sub-No. 2), filed No­ at points in Nassau and Suffolk Counties, Sumas, Wash., to Bellingham, Wash, (re­ vember 22, 1967. Applicant: LANSDALE stricted to transportation on return TRANSPORTATION CO., INC., Post N.Y., will be consistent with the public interest and the national transportation movements), for 180 days. Supporting Office Box 392, Lansdale, Pa. Applicant’s policy; that applicant is fit, willing, and shipper: J. F. Van Denburg, Manager of representative: V. Baker Smith, 123 able properly to perform such service Distribution, Chemicals and American South Broad Street, Philadelphia, Pa. and to conform to the requirements of Viscoser Division, FMC Corp., 633 Third 19109. Authority sought to operate as a the Interstate Commerce Act, and the Avenue, New York, N.Y. 10017. Send pro­ common carrier, by motor vehicle, over Commission’s rules and regulations: tests to: E. J. Casey, District Supervisor, regular routes, transporting: General thereunder; that a license authorizing j Bureau of Operations, Interstate Com­ commodities, except motion picture films, such operations should be granted (i?j merce Commission, 6130 Arcade Build­ household goods as defined by the Com­ subject to the receipt of a request in writ-j ing, Seattle, Wash. 98101. mission, silk, and silk products, classes ing by applicant for the cancellation of j A and B explosives, commodities in bulk, By the Commission. the license issued December 19, 1961, in | commodities requiring special equip­ No. M C 12739, and (2) subject to the [ s e a l ] H. N e il G a r so n , ment, commodities of unusual value and Secretary. right of the Commission to impose, upon ] those injurious or contaminating to other final determination in Ex Parte No. MC-j [F.R. Doc. 67-14200; Filed, Dec. 5, 1967; lading, serving Columbia City, Md., as 29 (Sub-No. 2), Operations of Brokers 1 8:47 a.m.] an off-route point in connection with of Passenger Transportation, such terms! applicant’s presently authorized regular and conditions as may then be deemed! route between Norristown, Pa., and necessary to insure that operation under! [Notice 1129] Washington, D.C., and Camden, N.J. such license is limited to bona fide op-1 MOTOR CARRIER APPLICATIONS HEARING: January 15, 1968, in Room eration as a broker of passenger tr^ s'| AN D CERTAIN OTHER 108, Federal Building, Charles Center, portation. Because it is possible tna 1 PROCEEDINGS 31 Hopkins Plaza, Baltimore, Md., before other parties, who have relied uP°rv , j Joint Board No. 112. notice of the application as pubhsjie . j D ecem ber 1,1967. No. MC 12739 (Sub-No. 2) (republi­ may have an interest in and would,. I The following publications are gov­ cation) , filed May 17, 1966, published prejudicial by the lack of proper noti 1 erned by special rule 1.247 of the Com­ F ederal R egister issue of June 9, 1966, of the authority described in the final s j mission’s rules of practice, published in and republished this issue. Applicant: in this order, a notice of the author y j the F ederal R egister issue of April 20, P E A K TO U R S, INC., 142A North Frank­ actually granted will be published m j 1966, which became effective May 20, lin Street, Hempstead, N.Y. 11550. Ap­ F ederal R e g ister and issuance ot a J 1966. plicant’s representative: William D. cense in this proceeding will be with« j The publications hereinafter set forth Traub, 10 East 40th Street, New York, for a period of 30 days from the da : reflect the scope of the applications as N.Y. 10016. In the above-entitled pro­ such publication, during which pe^ om ceeding the examiner recommended that filed by applicant, mid may include any proper party in interest may e J descriptions, restrictions, or limitations applicant be granted authority to operate petition to reopen or for other appro j which are not in a form acceptable to as a broker, at Hempstead, N.Y., in ar­ the Commission. Authority which ulti­ ranging for transportation by motor ve­ priate relief setting forth in detai el

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17503 precise manner in which it has been so Commerce Act and the Commission’s commodities), from points in Arizona, prejudiced. rules and regulations thereunder. Be­ to points in Oregon, Washington, and No. MC 110098 (Sub-No. 79) (Repub­ cause it is possible that other persons, Idaho, and (5) (a) cream and (b ) cream lication), filed M arch 7, 1966, published who have relied upon the notice of the substitutes in hermetically sealed aerosol Federal R egister issue of M arch 24,1966, application as published may have an in­ cans, from Gustine, Calif., to points in and republished this issue. Applicant: terest in and would be prejudiced by the Oregon and Washington; restricted ZERO R E F R IG E R A T E D LIN E S, 815 lack of proper notice of the authority de­ against the transportation of liquids in Merida, Station A, Box 7249, San An­ scribed in the findings in this order, a bulk, in tank vehicles; that applicant is tonio, Tex. 78207. Applicant’s represent­ notice of the authority actually granted fit, willing, and able properly to perform ative: Donald L. Stern, 630 City National will be published in the F ederal R e g is ­ such service and to conform to the re­ Bank Building, Omaha, Nebr. By appli­ ter and issuance of a certificate in this quirements of the Interstate Commerce cation filed M arch 7, 1966, applicant proceeding will be withheld for a period Act and the Commission’s rules and reg­ seeks a certificate of public convenience of 30 days from the date of such publica­ ulations thereunder. Because it is possi­ and necessity authorizing operation in tion, during which period any proper ble that other persons, who have relied interstate or foreign commerce as a com­ party in interest may file a petition to upon the notice of the application as mon carrier by motor vehicle, over ir­ reopen or for other appropriate relief published, may have an interest in and regular routes, of ( 1) frozen foods in setting forth in detail the precise man­ would be prejudiced by the lack of proper mixed loads with canned goods, ( 2) com­ ner in which it has been so prejudiced. notice of the authority described in the modities the transportation of which is No. MC 115826 (Sub-No. 113) (Repub- findings in this order, a notice of the partially exempt under the provisions of lication), filed November 8, 1965, pub­ authority actually granted will be pub­ section 203(b) ( 6) of the Interstate Com­ lished F ederal R e g ister issue of Novem­ lished in the F ederal R eg ister and is­ merce Act if transported in vehicles not ber 25, 1965, and republished this issue. suance of a certificate in this proceeding used in carrying any other property, Applicant: W. J. DIGBY, INC., 1960 will be withheld for a period of 30 days when moving in the same vehicle at the 31st, Post Office Box 5088, Term inal A n ­ from the date of such publication, during same time with frozen foods, (3) canned nex, Denver, Colo. 80217. Applicant’s which period any proper party in inter­ goods, and (4) commodities the trans­ representative: Harry Ross, Warner est may file a petition to reopen for other portation of which is partially exempt Building, Washington, D.C. By applica­ appropriate relief setting forth in detail under the provisions of section 203(b) ( 6) tion filed November 8, 1965, applicant the precise manner in which it has been of the Interstate Commerce Act at the seeks a certificate of public convenience so prejudiced. same time with canned goods, from and necessity authorizing operation in No. M C 117119 (Sub-No. 316) (Repub- points in California and Arizona, to interstate or foreign commerce as a com­ lication), filed December 29, 1965, pub­ points in Washington, Oregon, and mon carrier by motor vehicle, over irreg­ lished F ederal R eg ister issue of Janu­ Idaho. The application was referred to ular routes, of ( 1) frozen foods in mixed ary 27, 1966, and republished this issue. Examiner Harry W . Shooman for hear­ loads With canned goods, and ( 2) com­ Applicant: WILLIS SHAW FROZEN ing and the recommendation of an ap­ modities, the transportation of which is EXPRESS, INC., Elm Springs, Ark. propriate order thereon. Hearing was partially exempt under the provisions of 72728. Applicant’s representative: John held July 7, , and 11, 1966, at Los A n ­ 8 section 203(b) (6 ) of the Interstate Com­ H. Joyce, 26 North College, Fayetteville, geles, Calif., and July 13, 14, and 15, merce Act, if transported in vehicles not Ark. By application filed December 29, 1966, at San Francisco, Calif. A report used in carrying any other property, 1965, applicant seeks a certificate of pub­ and order of the Commission, Division 1, when moving in the same vehicle at the lic convenience and necessity, author­ served May 17, 1967, as amended, finds same time with frozen foods or canned izing operation in interstate or foreign that the present and future public con­ goods, from points in California and commerce, as a common carrier by motor venience and necessity require operation Arizona to points in Washington, Ore­ vehicle, over irregular routes, of ( 1) by applicant as a common carrier by gon, and Idaho. The application was re­ frozen foods, in mixed loads with canned motor vehicle, in interstate or foreign ferred to Examiner Harry M. Shooman goods, (2 ) commodities, the transporta­ commerce, over irregular routes, in ve­ for hearing and the recommendation of tion of which is partially exempt under hicles equipped with mechanical refrig­ an appropriate order thereon. Hearing the provisions of section 203(b) ( 6) of the eration, as follows: was held on July 7, 8, and 11, 1966, at Interstate Commerce Act if transported (1) (a) Frozen foods, (b ) fresh and Los Angeles, Calif., and July 13, 14, and in vehicles not used in carrying any other cured meats and (c) commodities other­ 15, 1966, at San Francisco, Calif. A re­ property, when moving in the same ve­ wise exempt under section 203(b) ( 6) of port and order of the Commission, Divi­ hicle at the same time with frozen foods, the Act (when moving in mixed loads sion 1, served M ay 17, 1967, as amended, (3) canned goods, and (4) commodities, with regulated commodities), from finds that the present and future public the transportation of which is partially Points in California, to points in Ore­ convenience and necessity require opera­ exempt under the provisions of section gon, Washington, and Idaho; (2) canned tion by applicant as a common carrier by 203(b) ( 6) of the Interstate Commerce goods (except canned meats, cream and motor vehicle,, in interstate or foreign Act, if transported in vehicles not used in cream substitutes in hermetically sealed commerce, over irregular routes, in ve­ carrying any other property, when mov­ aerosol cans), from points in California, hicles equipped with mechanical refrig­ ing in the same vehicle, at the same time ^Points in Oregon and Washington; eration, as follows: with canned goods, from points in Cali­ (3) canned meats (when moving in (1) (a ) Frozen foods, (b ) fresh and fornia and Arizona, to points in Wash­ mixed loads with other regulated com­ cured meats and (c ) commodities other­ ington, Oregon, and Idaho. The applica­ modities), from points in California, to wise exempt under section 203(b) ( 6) of tion was referred to Examiner Harry M. Points in Idaho, ( 4) (a ) meats, (b) the Act (when moving in mixed loads Shooman for hearing and the recom­ meat products (when moving in mixed with regulated commodities), from mendation of an appropriate order oads with meats) and (c) commodities points in California to points in Oregon, thereon. Hearing was held on July 7, 8, ?®eywise exempt under section 203(b) Washington, and Idaho, (2) canned and 11, 1966 at Los Angeles, Calif., and w hen movinS in mixed loads with goods (except canned meats, cream, and July 13,14, and 15,1966 at San Francisco, guiated commodities), from points in cream substitutes in hermetically sealed ■ >«ZOna’ to points in Oregon, Washing- aerosol cans), from points ui California, Calif. A report and order of the Com­ /v, ’ an

No. 235- FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17504 NOTICES

(1) (a ) Frozen foods, (b ) fresh and 11, 1966, at Los Angeles, Calif., and July parts thereof, from West Point, Miss., cured meats and (c) commodities other­ 13, 14, and 15, 1966, at San Francisco, and Jamestown, Linesville, and Green­ wise exempt under section 203(b) ( 6) of Calif. A Report and Order of the Com­ ville, Pa., to points in the United States the Act (when moving in mixed loads mission, division 1, served May 17, 1967, except Alaska and Hawaii, under con­ with regulated commodities), from points as amended, finds that the present and tract with Shepco, a division of Blazon, in California, to points in Oregon, Wash­ future public convenience and necessity Inc., Rempel Manufacturing, Inc., a sub­ ington, and Idaho, (2) canned goods (ex­ require operation by applicant as a com­ sidiary of Blazon, Inc., and Blazon, Inc. A cept canned meats, cream,"and cream mon carrier by motor vehicle, in inter­ decision and order of the Commission, substitutes in hermetically sealed aero­ state or foreign commerce, over irregular Review Board Number 1, dated Novem­ sol cans), from points in California, to routes, in vehicles equipped with me­ ber v15, 1967, and served November 22, points in Oregon and Washington, (3) chanical refrigeration, as follows: 1967, as amended, finds that the present canned meats (when moving in mixed (1) (a ) Frozen foods, (b ) fresh and and future public convenience and neces­ loads with other regulated commodities), cured meats and (c ) commodities other­ sity require operation by applicant in from points in California, to points in wise exempt under section 203(b) (6) of interstate or foreign commerce, as a Idaho, (4) (a) meats, (b ) meat products the Act (when moving in mixed loads common carrier by motor vehicle, over (when moving in mixed loads with with regulated commodities), from irregular routes, of playground equip­ meats) and (c) commodities otherwise points in California, to points in Oregon, ment, basketball goals, basketball back- exempt under section 203(b) ( 6) (when Washington, and Idaho; (2) canned boards, toys, moving picture screens, moving in mixed loads with regulated goods (except canned meats, cream and velocipedes, snow shoes, rope, lawn commodities), from points in Arizona to cream substitutes in hermetically sealed furniture, porch swings, tables and points in Oregon, Washington, and aerosol cans), from points in California, chairs, blackboards and bulletin boards, Idaho, and (5) (a) cream and (b ) cream to points in Oregon and Washington; and parts thereof, from West Point, substitutes in hermetically sealed aerosol (3) canned meats (when moving in Miss., to points in the United States cans, from Gustine, Calif., to points In mixed loads with other regulated com­ (except Alaska and H a w a ii); that ap­ Oregon and Washington; restricted modities), from points in California, to plicant is fit, willing, and able properly against the transportation of liquids in points in Idaho; (4) (a) meats, (b ) to perform such service and to conform bulk, in tank vehicles; that applicant is meat products (when moving in mixed to the requirements of the Interstate fit, willing, and able properly to perform loads with meats) and (c) commodities Commerce Act and the Commission’s such service and to conform to the re­ otherwise exempt under section 203(b) rules and regulations thereunder. Be­ quirements of the Interstate Commerce ( 6) (when moving in mixed loads with cause it is possible that other parties, Act and the Commisison’s rules and regulated commodities), from points in who have relied upon the notice of •regulations thereunder. Because it is pos­ Arizona, to points in Oregon, Washing­ the application as published, may sible that other parties, who have relied ton, and Idaho, and (5) (a ) cream and have an interest in and would be upon the notice of the application as (b ) cream substitutes in hermetically prejudiced by the lack of proper notice published, may have an interest in and sealed aerosol cans, from Gustine, Calif., of the authority described in the find­ •would be prejudiced by the lack of proper to points in Oregon and Washington; ings in this order, a notice of the au­ notice of the authority described in the restricted against the transportation of thority actually granted will be published findings in this order, a notice of the liquids in bulk, in tank vehicles; that in the F ederal R egister and issuance authority actually granted will be pub­ applicant is fit, willing, and able prop­ of a certificate in this proceeding will be lished in the F ederal R egister and is­ erly to perform such service and to con­ withheld for a period of 30 days from the suance of a certificate in this proceeding form to the requirements of the Inter­ date of such publication during which will be withheld for a period of 30 days state Commerce Act and the Commis­ period any proper party in interest may from the date of such publication, during sion’s rules and regulations thereunder. file a petition to reopen or for other ap­ which period any proper party in interest Because it is possible that other parties, propriate relief setting forth in detail may file a petition to reopen or for other who have relied upon the notice of the the precise manner in which it has been appropriate relief setting forth in detail application as published, may have an so prejudiced. the precise manner in which it has been interest in and would be prejudiced by N o tic e o f F il in g of P e t it io n so prejudiced. the lack of proper notice of the author­ No. M C 8713 (Sub-No. 1 EX) (Notice No. MC 118196 (Sqb-No. 44) (Repub­ ity described in the findings in this order, of Filing of Petition To Revoke Certifi­ lication), filed November 8, 1965, pub­ a notice of the authority actually grant­ cate of Exemption and To Reinstate lished F ederal R egister issue of Novem­ ed will be published in the F ederal Authority Once Held in MC 8713), filed ber 26, 1965, and republished this issue. R egister and issuance of a certificate September 21, 1967. Petitioner: JOSEPH Applicant; RAY & COMPANY TRANS­ in this proceeding will be withheld for a period of 30 days from the date of L. BRAUN, doing business as BRAUNSj PORTS, INC., Highway 71 North, Post EXPRESS, Medway, Mass. Petitioner’s Office Box 613, Carthage, Mo. 64836. A p­ such publication, during which period representative: George C. O ’Brien, 331 plicant’s representative: Harry Ross, any proper party in interest may file a Broad Street, Boston, Mass. 12109. PC' j Warner Building, Washington, D.C. By petition to reopen or for other appropri­ titioner states it holds a certificate flf j application filed November 8, 1965, ap­ ate relief setting forth in detail the precise manner in which it has been so exemption authorizing the transporta-1 plicant seeks a certificate of public con­ tion of general commodities, excep j prejudiced. venience and necessity, authorizing oper­ those of unusual value, and except high J No. MC 125664 (Sub-No. 4) (Republica­ ation in interstate or foreign commerce explosives, commodities in bulk, a A j tion) , filed July 21, 1966, published F ed­ as a common carrier by motor vehicle, commodities requiring special | over irregular routes, of ( 1) frozen foods eral R egister issue of August 25, 1966, ment, over regular routes, wholly witn | in mixed loads with canned goods, and and republished this issue. Applicant: Massachusetts, between Boston, Mass-J ( 2) commodities, the transportation of JERRY LIPPS, INC., 130 South Fred­ and Bellingham, Mass.: From Bosto ,] which is partially exempt under the pro­ erick, Cape Girardeau, Mo. Applicant’s over Massachusetts Highway 109 to W j visions of section 203(b) ( 6) of the Inter­ representative: Thomas F. Kilroy, 1341 Medway, Mass., thence over unnum e j state Commerce Act if transported in G Street NW., Suite 913, Colorado Build­ highway to South Milford, Mass., an j vehicles not used in carrying any other ing, Washington, D.C. 20005. By appli­ property, when moving in the same ve­ cation filed July 21,1966, applicant seeks thence over Massachusetts Highway 1 hicle at the same time with frozen foods a permit authorizing operation, in inter­ to Bellingham, and return over the same j or canned goods, from points in Cali­ state or foreign commerce,-as a contract route. Service is authorized to and r0 j fornia and Arizona, to points in Idaho, carrier by motor vehicle over irregular intermediate points, and the off-rou j Washington, and Oregon. The applica­ routes of playground equipment, basket­ points of Medway, Dover, Needham, a 1 tion was referred to Examiner Harry M. ball goals and backboards, toys, movie Newton, Mass. By the instant Pe 1 ’ 1 Shooman for hearing and the recom­ screens, velocipedes, snow shoes, rope, mendation of an appropriate order there­ lawn furniture, porch swings, tables and petitioner seeks to have the Commi 1 on. Hearing was held on July 7, 8, and chairs, boards, chalk or bulletin, and revoke the said certificate of exemp j

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17505 in its entirety and simultaneously re­ Warren Township, Macomb County, Island, Vermont, West Virginia, and store the said interstate authority as Mich., to points in Illinois, Indiana, Wisconsin, and certain specified points provided by section 204(a) (4a) in MC Kentucky, Michigan, New York, Ohio, in Kansas, Nebraska, South Dakota, and 8713, which was dismissed by order of Pennsylvania, Tennessee, and Wisconsin, North Dakota. June 4, 1938. Any interested person de­ traversing West Virginia and New Jersey Automobiles, trucks, and chassis, and siring to participate, may file an original for operating convenience only; the parts thereof when moving therewith, in and six copies of his written representa­ commodities specified above, in drive­ secondary movements in truckaway and tions, views, or argument in support of, away service, restricted to secondary driveaway service, and of automobile and or against the petition within 30 days movements, from Cleveland, Ohio, and truck bodies and cabs, from Pittsburgh, from the date of publication in the Buffalo, N.Y., to points as described Pa., to certain specified points in Mary­ Federal R egister. above; automobiles, trucks, bodies, cabs, land, and points in West Virginia and and chassis, new, used, unfinished, and/ Ap plic t io n s U nd er S e c t io n s 5 and the District of Columbia, from Pitts­ 210a(b) or wrecked, in driveaway service, re­ burgh, Pa., to West Virginia and certain stricted to secondary movements, be­ specified points in Maryland, with re­ The following applications are gov­ tween all points as described above; strictions; and automobiles, trucks, erned by the Interstate Commerce Com­ automobiles, trucks, cabs, automobile bodies, cabs, and chassis, new and un­ mission’s special rules-governing notice bodies, chassis, and unfinished automo­ finished, and parts thereof, over regular of filing of applications by motor car­ biles, in truckaway and driveaway serv­ and irregular routes, in truckaway and riers of property or passengers under ice, restricted to initial movements, from driveaway service, between St. Louis, Mo., sections 5(a) and 210a(b) of the Inter­ places of manufacture and assembly in and Oklahoma points, serving no inter­ state Commerce Act and certain other Detroit, Mich., and Evansville, Ind., to mediate points on the regular route spec­ proceedings with respect thereto. (49 Memphis, Tenn., points in Illinois, Mis­ ified. Vendee is authorized to operate as CFR 1.240). •' - souri,’ Arkansas, and certain specified a common carrier in Michigan, Delaware, MOTOR CARRIERS OF PROPERTY points in Iowa; the commodities specified Maryland, New Jersey, Pennsylvania, above, in truckaway and driveaway serv­ No. MC-F-9955. Authority sought for New York, Ohio, North Carolina, Vir­ ice, restricted to secondary movements, ginia, West Virginia, Connecticut, Flor­ purchase by M. & G. CONVOY, INC., between Memphis, Tenn., Detroit, Mich., 590 Elk Street, Post Office Box 218, ida, Georgia, Maine, Massachusetts, New and points in Indiana, Illinois, Missouri, Hampshire, Rhode Island, South Caro­ Buffalo, N.Y. 14205, of the operating except St. Louis, Mo., Arkansas, and rights and property of AUTOMOBILE lina, Vermont, Alabama, Indiana, Illinois, those in Iowa on and east of the line as Kentucky, Mississippi, Missouri, Ten­ SHIPPERS, IN C O R P O R A T E D , 9760 above. Van Dyke Avenue, Detroit, Mich. 48213, nessee, Wisconsin, and the District of New automobiles, automobile bodies, and for acquisition by E. J. H A N D , also Columbia. Application- has not been filed automobile chassis, and automobile parts of Buffalo, N.Y., of control of such rights for temporary authority under section and accessories moving in connection and property through the purchase. A p ­ 21 0a(b). therewith, automobile show equipment plicants’ attorney : W alter N. Bieneman, No. MC-F-9956. Authority sought for and paraphernalia, and farm and garden Suite 1700,1 Woodward Avenue, Detroit, purchase by DONALD NUSSBERGER tractors, and parts and accessories Mich. 48226. Operating rights sought to AND WILLIS NUSSBERGER, doing thereof moving in connection therewith, be transferred: New automobiles, new business as NUSSBERGER BROS., trucks, new bodies, new cabs, new in truckaway service, in initial move­ Catawba, Wis. 54154, of a portion of the ments, from Willow Run in Washtenaw chassis, and parts thereof,% in truckaway operating rights of OSCAR C. RADKE, service, restricted to initial movements, County, Mich., to Memphis, Tenn., points doing business at RADKE TRANSIT, 730 as a common carrier, over irregular in Arkansas, Illinois, Indiana, Michigan, South 17th Avenue, Wausau, Wis. 54401. routes, from places of manufacture and Missouri, New Jersey, New York, Ohio, Applicants’ representative: John W. assembly in Detroit, Mich., and points Pennsylvania, and West Virginia, points Slaby, Phillips, Wis. Operating rights in Warren Township, Macomb County, in Kentucky within 1 mile of the Ken- sought to be transferred: Animal and Mich., to points in Illinois, Indiana, tucky-Illinois and Kentucky-Indiana poultry feeds, in bulk, and animal and Michigan, Missouri, New Jersey, New State lines, and certain specified points poultry feeds, in bags, when moving in York, Ohio, Pennsylvania, W est Virginia, in Iowa, traversing Delaware and Mary­ the same vehicle and at the same time and those in Kentucky contiguous to land when necessary for operating with animal and poultry feed, in bulk, Illinois and Indiana, traversing Mary­ convenience; the above-specified com­ as a common carrier, over irregular land and Delaware for operating con­ modities, in driveaway service in initial routes, from Minneapolis, Minn., to venience only; the commodities specified movements, from Willow Run to Mem­ points in Barrow, Burnett, Douglas, above, in truckaway service, restricted phis, Tenn., points in Arkansas, Illinois, Dunn, Risk, Sawyer, and Washburn to secondary movements, during the Indiana, Kentucky, Michigan, Missouri, Counties, Wis. Vendee is authorized to season of open navigation on the Great New York, Ohio, Pennsylvania, Tennes­ operate as a contract carrier in M inne­ hakes, from Cleveland, Ohio, and see, and Wisconsin, and certain specified sota, and Wisconsin. Application has Bfalo, N.Y., to points as described points in Iowa, traversing New Jersey been filed for temporary authority under above; the commodities specified above, and West Virginia when necessary for section 210a(b). operating convenience; new motor vehi­ in truckaway service, restricted to No. MC-F-9957. Authority sought for cle bodies, from Frankfort, Ind., to points secondary movement, from Chicago, 111., purchase by KOWALSKY’S EXPRESS in Wayne County, Mich., and Warren to certain specified points in Indiana, SERVICE, 2235 West Main Street, Mill­ Township, Macomb County, Mich.; ex­ and Cook County, 111.; automobiles, ville, N.J. 08332, of the operating rights perimental and show automobiles, and bodies, cabs, and chassis, new, and certain property of JACOB CLAY- experimental or show automobile chas­ «sea, unfinished,, and/or wrecked, in MAN, JOSEPH CLAYMAN, AND MOR­ sis, which, at time of movement are being truckaway service, restricted to sec- RIS CLAYMAN, doing business as B. naary movements, between all points transported for purposes of display, and CLAYMAN & SONS, 2609 East Cambria as described above, not for sale, and related automobile show Street, Philadelphia, Pa. 19134. Appli­ equipment and paraphernalia moving in New automotive vehicles and equip- cants’ representative: Charles E. Creager, the same vehicle and at the same time vA. • consisting of automobiles, trucks, 10 W est Boscawen Street, Post Office as show automobiles or chassis, between in * ’ .ca^s* chassis, and parts thereof, Box 81, Winchester, Va. 22601. Operating points in the United States; new auto­ inn * away service, from Evansville, rights sought to be transferred: House­ mobiles, in initial movements, by the nin-t0 Louisville, K y„ and points in hold goods, as defined by the Commis­ truckaway method, from Evansville, Ind., o * and Missouri; new automobiles, sion, and general commodities, except to the District of Columbia and points in ohn . C^S> new bodies, new cabs, new those of unusual value, classes A and B Connecticut, Delaware, Iowa, Maine, an^ mrts thereof, in driveaway explosives, livestock, commodities in Maryland, Massachusetts, Michigan, fmmCe’ .-^stricted to initial movements, bulk, commodities requiring special spnvhi , ces of manufacture and as- Minnesota, New Hampshire, New Jersey, equipment, and those injurious or con­ y in Detroit, Mich., and points in New York, Ohio, Pennsylvania, Rhode taminating to other lading, as a common

FEDERAL REGISTER, VOL. 32, NO. 235—WEDNESDAY, DECEMBER 6, 1957 17506 NOTICES

carrier, over regular routes, between rier in Iowa, North Carolina, Georgia, Pennsylvania. Application has not been Philadelphia, Pa., and Atlantic City, South Carolina, Virginia, New York, Del­ filed for temporary authority under sec­ N. J., serving all intermediate and certain aware, Pennsylvania, Rhode Island, tion 210a(b). off-route points; commodities, as above, Connecticut, Maryland, New Jersey, No. MC-F-9961. Authority sought for over irregular routes, between points in Massachusetts, West Virginia, Ohio, (1) control by NATIONAL CITY LINES, the Philadelphia, Pa., commercial zone, Indiana, Tennessee, Illinois, Kentucky, INC., 700 Security Life Building, Denver as defined by the Commission, on the one Missouri, Maine, Vermont, Wisconsin, Colo. 80202, of T.I.M.E. FREIGHT, INC.! hand, and, on the other, Mays Landing, and the District of Columbia. Application 2598 74th Street, Post Office Box 2550, N.J., points within 10 miles of Atlantic has not been filed for temporary author­ Lubbock, Tex. 79408; (2) merger into City, N.J., and points in New Jersey on ity under section 210a(b). T.I.M.E. FREIGHT, INC., 2598 74th and north of U.S. Highway 322 and on No. MC-F-9959. Authority sought for Street, Post Office Box 2550, Lubbock, and south of U.S. Highway 30; and control by RED ARROW SECURITIES Tex. 79408, of the operating rights and household goods, as defined by the Com­ CORPORATION, 3901 Seguin Road, property of (A) DC INTERNATIONAL, mission, between Philadelphia, Pa., and Post Office Box 1897, San Antonio, Tex. INC., East 45th Avenue at Jackson points in that part of New Jersey on and 78206, of RED ARROW HEAVY HAUL­ Street, Denver, Colo. 80216, and (B) south of a line beginning at Trenton, ING, INC., 3901 Seguin Road, San An­ L O S A N G E L E S -S E A T T LE MOTOR N.J., and extending in an easterly direc­ tonio,. Tex. 78206, and for acquisition by EXPRESS, INC., 3200 Sixth Avenue tion to Red Bank, N.J. Vendee is author­ LAWRENCE WINGERTER, also of San South, Seattle, Wash. 98134; and (3) ized to operate as a common carrier in Antonio, Tex., of control of RED AR­ control by T.I.M.E. FREIGHT, INC,, New York, New Jersey, Pennsylvania, ROW HEAVY HAULING, INC., through 2598 74th Street, Post Office Box 2550, Maryland, Delaware, Connecticut, and the acquisition by RED ARROW SE­ Lubbock, Tex. 79408, of RED BALL Virginia. Application has not been filed CURITIES CORPORATION. Applicants’ EXPRESS CO., East 45th Avenue at for temporary authority under section attorney: Reagan Sayers, Century Life Jackson Street, Denver, Colo. 80216. 210a(b). Building, Post Office Box 17007, Fort Applicants’ attorneys: W . D. Benson, Jr., No. MC-F-9958. Authority sought for Worth, ^Tex. 76102. Operating rights ninth floor Citizens Tower, Lubbock, control and merger by McLEAN TRUCK­ sought to be controlled: Under a certifi­ Tex. 79401, Frank M. Garrison? Post IN G COMPANY, Post Office Box 213, 617 cate of registration, in docket No. M C- Office Box 2550, Lubbock, Tex. 79408, and Waugh town Street, Winston-Salem, 102162 Sub-3, covering the transporta­ James W . W rape, 2111 Sterick Building, N.C., of the operating rights and property tion of property, as a common carrier, in Memphis, Tenn. 38103. Operating rights of DAILY TRANSPORT, INC., 4923 intrastate commerce, within the State of sought to be (1) and (3) controlled, and Midlothian Turnpike, Richmond, Va., Texas. RED ARROW SECURITIES (2) merged: (1) General commodities, and for acquisition by M. C. BENTON, CORPORATION hold no authority from with certain specified exceptions, and JR., and PAUL P. DAVIS, both also of this Commission. However, it controls numerous other specified commodities,' Winston-Salem, N.C., of control of such RED ARROW FREIGHT LINES, INC., as a common carrier, over regular and rights and property through the transac­ 3901 Seguin Road, Post Office Box 1897, irregular routes, from, to, and between tion. Applicants’ attorney: David G. San Antonio, Tex. 78206, which is author­ specified points in the States of Texas, MacDonald, Suite 502, 1000 16th Street ized to operate as a common carrier in Oklahoma, New Mexico, New Jersey, Ari- j NW., Washington, D.C. 20036. Operating the State of Texas, and as a common car­ zona, California, Tennessee, Kansas,] rights sought to be controlled and rier, in intrastate commerce within the Massachusetts, Rhode Island, Connecti-; merged: General commodities, except­ State of Texas. Application has not been cut, Arkansas, Kentucky, Maryland,] ing, among others, household goods and filed for temporary authority under sec­ Ohio, Georgia, Missouri, Virginia, Illi­ commodities in bulk, as a common car­ tion 21 0a(b). N o te : This Application was nois, Indiana, Pennsylvania, New York,] rier, over regular routes, from Wilming­ filed in accord to the report and order, Alabama, and West Virginia, with cer-j ton, N.C., to Lake City, S.C., serving all by Division 3, in No. MC-F-9395, dated tain restrictions, serving various inter-] intermediate points, between Greenville, July 20,1967. mediate and off-route points, numerous] alternate routes for operating conyen-1 N.C., and Richmond, Va., serving the in­ No. MC-F-9960. Authority sought for ience only, as more specifically described] termediate points of Enfield, N.C., and purchase by NORTHERN MOTOR in Docket No. MC-35320 and Sub-num-j Petersburg, Va., between Greenville, CARRIERS, INC., Route 9, Saratoga N.C., and Norfolk, Va., serving certain Road, Fort Edward, N.Y., of a portion of bers thereunder; (2) (A ) General commodities, with] intermediate points and the off-route the operating rights of BONDED certain specified exceptions, and nu-l point of Newport News, Va., between FREIGHTWAYS, INC., 441 Kirkpatrick merous other specified commodities, as] Richmond, Va., and Richmond Deep­ Street West (Post Office Box 1012, Syra­ a comnton carrier, over regular and ir-1 water Terminals, Va., serving no inter­ cuse, N.Y. 13201), Syracuse, N.Y. 13204. regular routes, from, to, and between] mediate points; between Norfolk, Va., Applicants’ attorneys: Norman M. Pin- specified points in the States of Colo-1 and Richmond, Va., serving all inter­ sky and Herbert M. Canter, 345 South rado, Washington, Wyoming, Utah,] mediate and certain off-route points, be­ W arren Street, Syracuse, N.Y. 13202, and Idaho,, Oregon, Illinois, Missouri, Kan® tween Suffolk, Va., and Franklin, Va., Robert V. Gianniny, 900 Midtown Tower, sas, Arizona, California, New Mexico,! between Norfolk, Va., and Elizabeth City, Rochester, N.Y. 14604. Operating rights Missouri, Idaho, Nebraska, New _Jer-| N.C., serving all intermediate points, sought to be transferred: Limestone, as sey, Kentucky, Pennsylvania, Qb10j between Petersburg, Va., and Hopewell, a common carrier, over irregular routes, Michigan, Indiana, New York, Conj Va., serving all intermediate points, and from the town of Dover, N.Y., to points in necticut, Massachusetts, and Rhoaa the off-route point of Camp Lee, Va., be­ Connecticut, Pennsylvania, New York, Island, with certain restrictions, serv­ tween Franklin, Va., and South Hill, Va., and points in New Jersey except points ing various intermediate and ° * between Norfolk, Va., and Newport in Cumberland, Salem, Gloucester, Cape route points, numerous alternate rou a News, Va., between Norfolk, Va., and Old May, Atlantic, Camden, and Burlington for operating convenience only, | Point Comfort, Va., serving all intermedi­ Counties, N.J., from the town of Dover more specifically described m Doc

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 NOTICES 17507 in Docket No. MC-68618 and Sub-num­ G. Macdonald, 1000 16th Street NW., Beverly, Mass., restricted to delivery bers thereunder; and (3) General com­ Washington, D.C. Operating rights only, between Manchester, N.H., and modities, with certain specified excep­ sought to be transferred: Frozen Foods, Laconia, N.H., serving all intermediate tions, and numerous other specified as a common carrier, over irregular points and the off-route points of commodities, as a common carrier, over routes, from Crozet, Va., to points in Hooksett, Suncook, and Lakeport, N.H. regular routes, from, to, and between Kentucky, Indiana, Michigan, Ohio, Vendee is authorized to operate as a specified points in the States of Ne­ Tennessee, and West Virginia; and common carrier in Maine, New Hamp­ braska, Missouri, Kansas, Iowa, Illinois, frozen bakery goods, from Toledo and shire, Vermont, Massachusetts, Rhode Is­ Indiana, and Colorado, with certain re­ Cleveland, Ohio, to Crozet, Va. Re­ land, Connecticut, New Jersey, and Penn­ strictions, serving various, intermediate striction: -The authority granted herein, sylvania. Application has been filed for and off-route points, one alternate route to operate from Cleveland, Ohio, shall be temporary authority under section 210a for operating convenience only, as more restricted against tacking and/or inter­ (b). N o t e : The Household Goods portion specifically described in Docket No. M C - line at Crozet, Va., or points within the of the authority of transferor sought to 105807 and Sub-numbers thereunder. commercial zone thereof. Vendee is au­ be transferred in No. MC-FC-69676 was This notice does not purport to be a thorized to operate as a common carrier approved October 30,1967, by the Trans­ complete description of all of the operat­ in Virginia, Maryland, Pennsylvania, fer Board, and has not been consum­ ing rights of the carriers involved. The New York, West Virginia, New Jersey, mated yet. foregoing summary is believed to be suf­ Tennessee, Kentucky, Connecticut, Mas­ No. MC-F-9964. Authority sought for ficient for purposes of public notice re­ sachusetts, Alabama, Arkansas, Dela­ purchase by CANADIAN AUTO CAR­ garding the nature and extent of these ware, Florida, Georgia, Illinois, Indiana, RIERS, LTD., 7411 Buffer Avenue, carriers’ operating rights, without stat­ Iowa, Louisiana, Maine, Michigan, Min­ Burnaby, British Columbia, Canada, of ing, in full, the entirety, thereof. nesota, Mississippi, Missouri, Nebraska, the operating rights and property of NATIONAL CITY LINES, INC., holds New Hampshire, North Carolina, Ohio, STAR TRANSPORT, LTD., 1400 Lindsay, no authority from this Commission. Rhode Island, South Carolina, Texas, Regina, Saskatchewan, Canada, and for However, it controls (1) AUTOM OBILE Vermont, Wisconsin, Kansas, Utah, and acquisition by T. P. YOUELL, 2155 CARRIERS, INC., 3401 North Dort H igh­ the District of Columbia. Application North Northlake Way, Seattle, Wash., way, Post Office Box 128, Flint, Mich. has been filed for temporary authority and PETER W. YQUELL, 4048 South­ 48501, (2) C & J C O M M E R C IA L D R IV E r under section 210a (b). west Greenleaf Drive, Portland, Oreg., AWAY, INC., 1905 West Mount Hope No. MC-F-9963. Authority sought for of control of such rights and property Avenue, Lansing, Mich; 48910, (3) purchase by HOLMES TRANSPORTA­ through the purchase. Applicants’ attor­ DEALERS TR A N SIT, INC., 13101 South TION,* INC., 550 Cochituate Road, Fra­ ney: Marvin Handler, 405 Montgomery Torrence Avenue, Chicago, 111. 60633, mingham, Mass. 01706, of a portion of the Street, San Francisco, Calif. 94104. Op­ and (4) LAKE SHORE MOTOR COACH operating rights of STEWART TRUCK­ erating rights sought to be transferred: LINES, INC., Post Office Box 2609, 602 ING CO., INC., 476 Valley Street, Man­ Automobiles, trucks, and buses, as de­ East Fifth South Street, Salt Lake City, chester, N.H. 03103, and for acquisition fined in Descriptions in Motor Carrier Utah 84110, which are authorized to op­ by the ESTATE OF ALVIN R. HOLMES Certificates, 61 M.C.C. 209 and 766, in erate as common carriers in (1) Mich­ (D O R O T H Y H O LM E S A N D R O B E R T C. initial and secondary movements, in igan, Nebraska, A la b am a, Illinois, HOLMES, ADMINISTRATORS), also of driveaway and truckaway service, and Georgia, Indiana, Iowa, Missouri, Ten­ Framingham, Mass., of control of such parts and accessories thereof, when mov­ nessee, Ohio, Wisconsin, and Kentucky; rights through the purchase. Applicants’ ing at the same time and with the ve­ (2) Michigan, Kentucky, Ohio, Tennes­ attorney: Kenneth B. Williams, 111 State hicles of which they are a part and on see, Illinois, Indiana, Iowa, Texas, Rhode Street, Boston, Mass. 02109. Operating which they are to be installed, and Island, Virginia, Utah, Missouri, Wiscon­ rights sought to be transferred: G en ­ farm-type tractors, when moving in sin, Minnesota, New Jersey, New York, eral commodities, excepting am ong mixed loads with automobiles and trucks, Pennsylvania, West Virginia, Arkansas, others commodities in bulk, but not and parts and accessories thereof, when Maryland, Alabama, Florida, Georgia, excepting household goods, as a com­ moving at the same time and with the and the District of Columbia; (3) all mon carrier, over regular routes, between tractors of which they are a part and points in the United States (except Boston, Mass., and Colebrook, N.H., on which they are to be installed, as a Hawaii); and (4) Utah. Application has serving all intermediate points north of common carrier, over irregular routes, not been filed for temporary authority Rochester, N.H., without restriction; from ports of entry on the United States- under section 210a( b ). N o t e : FD. 24843 Exeter and Durham, N.H., restricted to Canada boundary line located in Mon­ is simultaneously filed. delivery of groceries on north bound tana and North Dakota, to points in No. MC-F-9962. Authority sought for traffic only, between Boston, Mass., and Montana and North Dakota with restric­ Purchase by S M IT H ’S T R A N S F E R C O R ­ Colebrook, N.H., serving all intermediate tion. Vendee is authorized to operate as PORATION OF STAUNTON, VA., Post points north of Plymouth, N.H., between a common carrier in Idaho, Washington, Office Box 1000, Staunton, Va., of a por­ Boston, Mass., and Colebrook, N.H., serv­ and Montana. Application has been filed tion of the operating rights of B O NN EY ing all intermediate points north of for temporary authority under section MOTOR EXPRESS, INC., Post Office Plymouth, N.H.; and the off-route points 21 0a(b). Box 12388, Norfolk, Va. 23502, and for of Bartlett, Bethlehem, Bretton Woods, By the Commission. acquisition by R. R. SM ITH and R. P. Crawford Notch, Jefferson, Twin Moun­ [ s e a l ] H . N e il G a r s o n , Ha r r is o n , both also of Staunton, Va., tain, and Fabyan, N.H., and those in Secretary. of control of such rights through the Massachusetts^within 5 miles of Boston, [F.R. Doc. 67-14210; Filed, Dec. 5, 1967; Purchase. Applicants’ attorney: David Mass., without restriction; and Lynn and 8:47 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 235— WEDNESDAY, DECEMBER 6, 1967 17508 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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 December.

3 CFR Page 12 CFR Page 23 CFR Page E x e c u t iv e O rders: 12______;_____ 17468 P roposed R u l e s : 206______17469 Dec. 5, 1913 (revoked by PLO 255— ______16534 4327)______16531 224______17425 M ar. 21,1914 (revoked by PLO 335______17470 26 CFR 4327)______16531 l ______17479 June 24,1914 (revoked by P L O 14 CFR 4327)______16531 39______16481, 17426 28 CFR 61____ 16481 o______11248 (amended by EO 71______16482, 16483, 17426, 17427 16531 11384)______17423 73______17427 11383 ______- ______17421 91______16483 29 CFR 11384 ______17423 97______16484 1610...... 16491 121______16481 5 CFR 151______17471 39 CFR 301______16491 210______16474 123______17479 303______16491 213______16477 742______17479 311______16491 315______— 16474 320______16491 351 ______16474 41 CFR 421______16491 352 ______16474 430 _ 16491 l - i ______16491 353 ______16475 431 ______16491 Ch. 18— ______17002 430______16475 435______16491 511______16475 43 CFR 531______- ______16475 P roposed R u l e s : P u b l ic L and O r ders: 713______16476 1______16495 731______1647621______I ______17485 334 (revoked in part by PLO 752______16476 25______17487 4333)______17480 754-______1647639______17439 1796 (revoked in part by PLO 771 ______16477 71______J,______16495, 17488 4331)______17479 772 ______1647773______;.______17488 2764 (see P L O 4331) ______17479 831______16477 91______16495 4327— ______16531 891______16477 214______16535 4328 __— ...... — 17429 295______16535 4329 ______16532 7 CFR 4330 ______17479 15 CFR 4331— ______17479 401______16478,17425 4332 ______17479 722______17467 373_____ 17471 4333 ______17480 724 ___ 16478 4334______— 17429 725 ______16479 16 CFR 4335______— 17429 815______16525 13______17427 905______16525 46 CFR 907______- ______16526 17480 910______a * ______16526 19 CFR 510__ — ______944______17425 12______17428 P roposed R u l e s : 16496 982______16527 23______16528 514______— 989______17467 1062-______16479 21 CFR 47 CFR 17429 1073______16480 120 ______16529,17472 97______- ...... 1094______16527 121 ______16529,16530,17472 P roposed R u l e s : 16495 1103______16527 130______:_____ 16531 2______si— 16495 1106— ______16480 146______16531 87______146a______16491 17440 1126-______16480 91______166______17473 1421______16528 P roposed R u l e s : 49 CFR 1427______16528 17480 890_...... 31______- ____ 16533 17480 P roposed R u l e s : 46______17482 1200______- ...... 911______17431 138______16533 915______17431 50 CFR 17481 17433 22 CFR 33______16532,17430, 950______16492 993_...... — 17434 10______17454 254— ______

UNITED STATES ^GOVERNMENT/ ^ORGANIZATION I? MA N U A L

■'..A* ^ (6»tf * 0 * / f < A w/r KNOW w<*yw ■Ai£/4f.jdLv 4 s^Tw »7 YOUR W*v»V(«S if«/ 4 * ViW/WA^ I ^t7< GOVERNMENT UmSm Government Organization Manual 1 9 6 7 -1 9 6 8 Presents essential information about Government agen­ cies (updated and republished annually)« Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Govern* m en t $ 6 ) 0 0 w per copy. Paperbound* with charts 'Order from Superintendent erf Documents, TJ.S. Government Printing Office, Washington, D.C. 20402.