FEDERAL REGISTER VOLUME 31 • NUMBER 32

Wednesday, February 16, 1966 • Washington, D.C. Pages 2767-2805

Agencies in this issue— Agency for International Development Agricultural Stabilization and Conservation Service Atomic Energy Commission Consumer and Marketing Service Customs Bureau .Federal Aviation Agency Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration Immigration and Naturalization Service Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration Saint Lawrence Seaway Development Corporation Securities and Exchange Commission Veterans Administration Detailed list o f Contents appears inside. 5-Year Compilations of Presidential Documents

Supplements to Title 3 of the Code of Federal Regulations

The Supplements to Title 3 of the Code the President and published in the Federal of Federal Regulations contain the full text Register during the period June 2, 1938- of proclamations, Executive orders, reor­ December 31, 1963. Tabular finding aids ganization plans, trade agreement letters, and subject indexes are included. The in­ and certain administrative orders issued by dividual volumes are priced as follows:

1938-1943 Compilation— $3.00 1949—1953 Compilation——$7.00 1943-1948 Compilation——$7.00 1954—1958 Compilation——$4.00 1959—1963 Compilation— $6.00

Compiled by Office of the Federal Resister, National Archives and Records Service, Genera . Services Administration

Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402

r r n r n / l f Published dally, Tuesday through Saturday (no publication on Sundays, Mondays, or I I.lll.llrll III..1IIk t 1 t i l on the day after an official Federal holiday), by the Office of the Federal Register, Na ^ Archives and Records Service, General Services Administration (mail address Area Code 202 Phone 963-3261 -wm.' Archives Building, Washington, D.C. 20408), pursuant to the authority contained a __. Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B ), under regulations prescribed by the a istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ) . Distribution is made only by the Supermt of Documents, Government Printing Office, Washington, D.C. 20402. vable in The Federal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, pay ^ advance. The charge for Individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and JL-rimeiits, each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of u Government Printing Office, Washington, D.C. 20402. „ pur- The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under ? w 0f suant to section 11 of the Federal Register Act, as amended. The Code of Federal R egulations is sold by the Superm Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. regulations. There are no restrictidhs on the republication of material appearing in the Federal R egister or the Code op Federal Contents

AGENCY FOR INTERNATIONAL Proposed Rule Making INTERSTATE COMMERCE DEVELOPMENT Hydroelectric project licenses; cal­ COMMISSION culation of “net investment”; Notices correction______2784 Notices * Assistant Administrator for De­ Notices Fourth section applications for velopment Finance and Private relief______j__ _ 2798 Hearings, etc.: Enterprise et al.; amendment Motor carrier: Ashland Oil & Refining Co__ 2798 of delegation of authority------2785 Alternate route deviation no­ Chicago District Pipeline Co__ 2798 tices ______i______1____ 2792 AGRICULTURE DEPARTMENT Cities of Princeton and Mercer, Applications and certain other Missouri, and Lineville, Iowa proceedings (2 documents)_ 2793, See Agricultural Stabilization and and Michigan Wisconsin Pipe 2794 Conservation Service; Con­ Line Co______2799 Intrastate applications, filing___ 2790 sumer and Marketing Service. Citieis of Unionville and Milan, Temporary authority applica­ Missouri and Michigan Wis­ AGRICULTURAL STABILIZATION tions ______2790 consin Pipe Line Co______2799 Transfer proceedings______2797 AND CONSERVATION SERVICE Dayton Power and Light Co____ 2800 El Paso Natural Gas Co____ 2800 Rules and Regulations Idaho Power Co______2800 JUSTICE DEPARTMENT Continental sugar requirements . Iowa Southern Utilities Co., and See Immigration and Naturaliza­ and quotas, 1966______2776 Michigan Wisconsin Pipe Line tion Service. Cotton, upland; 1966 acreage al­ Co______—______2801 lotments and marketing quotas; Kansas-Nebraska Natural Gas referenda results corrections; Co., Inc______. ______2801 LAND MANAGEMENT BUREAU sale or lease transfers______2776 Panhandle Eastern Pipe Line Notices Co______2801 ATOMIC ENERGY COMMISSION Washington; proposed with­ Superior Oil Co., et al-_.______2802 drawal and reservation of land- 2785 Notices : * FISH AND WILDLIFE SERVICE State of New Hampshire; pro­ MARITIME ADMINISTRATION posed agreement for assump­ Rules and Regulations Notices tion of certain AEC regulatory Frozen raw breaded shrimp; U.S. authority______2787 standards for grades; extension Chief, Office of Government aid; of effective date______2783 delegation of authority _____ 2786 COMMERCE DEPARTMENT Proposed Rule Making See Maritime Administration. SAINT LAWRENCE SEAWAY Mecedah National Wildlife R ef­ CONSUMER AND MARKETING uge, Wis.; hunting______2784 DEVELOPMENT CORPORATION Rules and Regulations SERVICE / FOOD AND DRUG Rules and Regulations Regulations governing employee ADMINISTRATION responsibilities and conduct____ 2778 Dried prunes produced in Califor­ nia; miscellaneous amend­ Notices ments ______2777 CIBA Pharmaceutical Co.; Elipten SECURITIES AND EXCHANGE Grading and inspection regula­ tablets; notice of opportunity COMMISSION tions; miscellaneous amend­ for hearing______2786 ments J,______2771 New drugs; approval of applica­ Notices Navel oranges grown in Arizona tions; correction______2786 Hearings, etc.:...., and designated part of Califor­ Continental Vending Machine nia; handling limitations______2776 HEALTH, EDUCATION, AND Corp______-______2802 WELFARE DEPARTMENT Massachusetts Electric Co______2802 CUSTOMS BUREAU New Orleans Public Service, See Food and Drug Administra­ Inc______2803 Rules and Regulations tion. Customs financial and accounting p Procedure; customs fees______2778 IMMIGRATION AND STATE DEPARTMENT NATURALIZATION SERVICE See Agency for International De­ FEDERAL AVIATION AGENCY velopment. Rules and Regulations Proposed Rule Making Nonimmigrant classes______2784 Jet route; realignment______2777 TREASURY DEPARTMENT FEDERAL m a r it im e INTERIOR DEPARTMENT See Customs Bureau; Internal Revenue Service. COMMISSION See Fish and Wildlife Service; Land Management Bureau. Notices VETERANS ADMINISTRATION ttaly, South France/U.S. Gulf INTERNAL REVENUE SERVICE ftul es and Regulations Conference; agreement filed for Notices approval______2798 Adjudication; court decisions; Revocation and reestablishment of unremarried widows..______2782 FEDERAL p o w er c o m m is s io n exemption; issuance of notices- 2785 Legal services, General Counsel; Tort claims and claims made by an defense of certain suits arising **les and Regulations employee of IRS for damage to out of medical care and treat­ nerai policy interpretations; or loss of personal property inci­ ment in or for Department of correction______;_____* 2778 dent to his service; settlement- 2785 Medicine and Surgery— ____— 2782 2769 2770 CONTENTS

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulcgive 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, 1966, and specifies how they are affected.

7 CFR 14 CFR 33 CFR 54 ______2771 75—______— ______1____ 2777 400i______.2778 55 ______2771 56 ______18 CFR 38 CFR 70_____ 2782 722____ 2776 2_------— ------— 2778 3______14____— _____ 2782 811____ 2776 P roposed R u l e s : 007____ 2776 2______- ______2784 993____ 2777 14______2784 50 CFR 8 CFR 262— _____- 2783 P roposed R u l e s : 19 CFR P roposed R u l e s : 214______2784 24______-______2778 32______£---- 2784

I 2771

Rules and Regulations

“Inspection” has been deleted from the § 54.31 How application for service may Title 7— AGRICULTURE title of the shell egg regulations since the be m ade; conditions o f resident serv­ regulations pertain only to grading ac­ ice, Chapter I— Consumer and Marketing tivities. In addition, several other Service (Standards, Inspections, . (a) On a fee basis. An application changes of an administrative nature are for any grading or inspection service on Marketing Practices), Department made and some minor changes are made a fee basis may be made in any office of Agriculture for the sake of clarity. of grading or inspection or with any The amendments are as follows: grader or inspector at or nearest the SUBCHAPTER C— REGULATIONS AND STAND­ A. As to part 54: ARDS UNDER THE AGRICULTURAL MARKETING 1. Section 54.1 is hereby amended by place where the service is desired. Such ACT OF 1946 changing the definition of “circuit super­ application may be made orally (in per­ visor” to read: son or by telephone), in writing, or by PART 54— GRADING AND INSPEC­ telegraph. I f the application for grad­ TION OF DOMESTIC RABBITS AND § 54.1 Definitions. ing or inspection service is made orally, EDIBLE PRODUCTS THEREOF; AND 4 $ if: if! $ the office of grading or inspection or the UNITED STATES SPECIFICATIONS “ Circuit supervisor” or “technical su­ grader or inspector with whom the appli­ FOR CLASSES, STANDARDS, AND pervisor” means the officer-in-charge of cation is made, or the Administrator, GRADES WITH RESPECT THERETO the domestic rabbit inspection service or may require that the application be con­ the domestic rabbit grading service in a firmed in writing. PART 55— GRADING AND INSPEC­ circuit consisting of a group of stations (b) On a resident grading or inspec­ TION OF EGG PRODUCTS within an area. tion basis. An application for resident * ♦ * s|e s fc grading or inspection service must be made in writing on forms approved by PART 56— GRADING OF SHELL EGGS 2. The heading for § 54.20 and para­ AND UNITED STATES STANDARDS, the Administrator and filed with the Ad­ graphs (b) and (d) of § 54.20 are hereby ministrator. Such forms may be ob­ GRADES, AND WEIGHT CLASSES amended to read, respectively: tained at the national, area, or state, FOR SHELL EGGS § 54.20 Licensed or authorized graders grading or inspection office. In making PART 70— GRADING AND INSPEC­ and inspector?. application, the applicant agrees to com­ * * * * * ply with the terms and conditions of the TION OF POULTRY AND EDIBLE regulations (including, but not being PRODUCTS THEREOF; AND UNITED (b) Any person who is a Federal or State employee possessing proper quali­ limited to, such instructions governing STATES CLASSES, STANDARDS, AND fications as determined by an examina­ grading and inspection of products as GRADES WITH RESPECT THERETO tion for competency, and who is to per­ may be issued from time to time by the form inspection service under this part, Administrator). No member of or Dele­ Miscellaneous Amendments may be licensed or otherwise authorized gate to Congress or Resident Commis­ Under authority contained in the by the Secretary as an inspector. sioner, shall be admitted to any benefit Agricultural Marketing Act of 1946, as * * * * * that may arise from such service unless amended (7 U.S.C. 1621-1627), the derived through service rendered a (d) Any person who is employed bycorporation for its general benefit. United States Department of Agriculture any official plant and possesses proper hereby amends the Regulations Govern­ qualifications as determined by the Ad­ 5. Section 54.49 is hereby amended to ing the Grading and Inspection of Do­ ministrator may be authorized to grade read: mestic Rabbits and Edible Products domestic rabbits on the basis of the Thereof. (7 CPR, Part 54); the Regula­ § 54.49 Interfering with a grader, in­ United States classes, standards, and spector, or employee o f Service. tions Governing the Grading and Inspec­ grades under the supervision of a grader. tion of Egg Products (7 CPR, Part 55); No person to whom such authorization is Any interference with or obstruction the Regulations Governing the Grading granted shall have authority to issue any or any attempted interference or ob­ of Shell Eggs and United States Stand­ grading certificates, grading memoranda, struction of or assault upon any grader, ards, Grades, and Weight Classes for or other official documents; and all licensee, inspector or employee of the Shell Eggs (7 CFR, Part 56); and the product graded by any such person shall Service in the performance of his duties. The giving or offering directly or indi­ Regulations Governing the Grading and thereafter be check graded by a grader. inspection of Poultry and Edible Prod­ Each authorization shall be signed by the rectly of any money, loan, gift, or any­ ucts Thereof (7 CPR, Part 70), as pro­ grader who determined the qualifications thing of value to an employee of the Service or the making or offering of any vided below. of the person authorized to perform such Statement of Considerations. The limited grading services. When the em­ contribution to or in any way supple­ amendments delete the sections contain- ployee of an official plant ceases to per­ menting the salary, compensation or ex­ mg the forms for application for grading form such limited grading services at the penses of an employee of the Service or or inspection service so that the regula­ plant, his authorization shall be auto­ the offering or entering into a private tions will not have to be amended each matically cancelled. contract or agreement with an employee I10*®, the application forms are changed, of the Service for any services to be pertinent information in the forms has 3. The last sentence of § 54.21 is here­ rendered while employed by the Service. by amended to read: oeen incorporated in the section de­ 6. Section 54.107(a) (10) is hereby eming how application shall be made, § 54.21 Suspension of license or author­ deleted. ¡references to limited licenses have been ity ; revocation. 7. Section 54.107(a) (13) is hereby linvf since, in situations in which amended to read: ~~ted licenses formerly were issued to * * * When no appeal is filed within qualified persons to perform limited the prescribed 7 days, the license or au­ § 54.107 Inspection on a resident in­ thority is revoked. w ^ ng or inspection services, author- spection basis. f^tions now are issued by the inspector- 4. The heading for § 54.31 and § 54.31 (a) Charges * * * kpnt rge gr&der-in-charge and are are hereby amended to read, respec-. (13) A charge equal to the actual Pt on file in official plants. The term tively: amounts reimbursed to other divisions

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2772 RULES AND REGULATIONS of C&MS and other Federal agencies tainer of such ready-to-cook domestic § 55.13 Cancellation o f license. plus 25 percent of such amounts to cover rabbits may also be so identified. The administrative overhead, when inspec­ grading of ready-to-cook domestic rab­ Upon termination of his services as tors of such divisions or agencies are bits shall be performed prior to the dis­ a grader, inspector, or sampler, each assigned to the designated plant for in­ jointing or cutting up of the carcass. licensee shall surrender his license im­ mediately for cancellation. spection of canning or processing of * * * * * domestic rabbit food products. The §§ 54.290, 54.291, 54.292 [Am ended] 4. Section 55.14 is hereby amended to charges provided for in this subpara­ read: graph are in lieu of the charges specified 13. Sections 54.290, 54.291, and 54.292 in subparagraphs <3) through (9) and and the headings preceding §§ 54.290 § 55.14 Surrender of license. (11) of this paragraph. and 54.291 are hereby deleted. Each license which is canceled, sus­ * ♦ * * * B. As to part 55 : pended, or has expired shall immedi­ 1. Section 55.11 is hereby amended to ately be surrendered by the licensee to 8. The heading for § 54.108 and para­ read: graphs (a) (3) and (b) (4) of § 54.108 the office of grading serving the area in are hereby amended to read, respec­ § 55.11 Authorization to perform lim­ which he is located. tively: ited grading or inspection services. 5. Section 55.15 is hereby amended § 54.108 Grading performed on a resi­ Any person who is employed by any to read: dent basis. official plant and possesses proper quali­ fications, as determined by the Admin­ § 55.15 Identification. (a) Charges. * * * istrator, may be authorized to inspect All graders, inspectors, samplers and (3) A charge equal to the cost of sal­ liquid and frozen eggs that are produced supervisors of packaging shall each have ary paid to each grader assigned to the under the supervision of an inspector. in possession at all times, and present applicant’s plant by C & M S : Provided, No person to whom such authorization upon request, while on duty, the means That no charge will be made for salary is granted shall have authority to issue of identification furnished by the De­ of any grader ordinarily assigned to the any grading certificates, grading memo­ partment by such person. applicant’s plant while temporarily re­ randa, or .other official documents; and assigned by C & MS to perform grading all eggs (whether shell, liquid, or frozen) 6. The heading for § 55.22 and para­ service for other than the applicant. which are graded or inspected by any graph (b) of § 55.22 are hereby amend­ ed to read, respectively: * * * * such person shall thereafter be check graded or check inspected by a grader (b) Other provisions. ■* * * § 55.22 How application for service may or inspector, Each authorization shall (4) Graders will be required to con­ be m ade; conditions of resident serv­ be signed by the grader or inspector who fine their activities to those duties nec­ ice. determined the qualifications of the per­ 4c * 4* 4c 4< essary in the rendering of grading serv­ son authorized to perform such limited ice and such closely related activities grading or inspection services. When (b) On a resident inspection basis. as may be approved by C & MS: Pro­ the employee of an official plant ceases to An application for continuos inspection vided, That in no instance may graders perform such limited grading or inspec­ on a resident inspection basis to be assume the duties of management. tion services at the plant, his authoriza­ rendered in an official plant must be made in writing on forms approved by 9. Section 54.111(b) is hereby amend­ tion shall be automatically canceled. the Administrator and filed with the ed to read: 2. The heading for § 55.12 and § 55.12 Administrator. Such forms may be ob­ § 54.111 Charges and other provisions are hereby amended to read, respectively: tained at the national, area, or State where application is in effect during § 55.12 Suspension o f license or author­ grading office. In making application, season o f no operation. ity ; revocation. the applicant agrees to comply with the * * 4c * * terms and conditions of the regulations Pending final action by the Secretary, (including, bu^ not being limited to, (b) Other provisions. In making a the person who countersigns the license such instructions governing grading and request, the applicant shall agree not to or signs the authorization to perform inspection of egg products as may be process or label any product until a limited grading or inspection services issued from time to time by the Ad­ grader is reassigned and not to use or may, whenever he deems such action ship any packaging or labeling material ministrator). No member of or dele­ necessary, suspend any license or au­ gate to Congress or Resident Commis­ bearing the official mark without prior thority to perform limited grading or in­ sioner, shall be admitted to any benefit approval of a Federal-State supervisor. spection services issued pursuant to this that may arise from such service unless Reassignment of graders will be subject part, by giving notice of such suspension derived through service rendered a to the availability of qualified graders to the respective licensee or person au­ corporation for its general benefit. and applicants shall request reassign­ thorized to perform limited grading or ment of a grader 45 days prior to date inspection services, accompanied by a § 55.41 [Am ended] that operations will be resumed. statement of the reasons thereof. 7. The last sentence of § 55.41(b) is 10. The last sentence of § 54.130(f) is Within 7 days after the receipt of the hereby amended by changing “Associa­ hereby deleted. aforesaid notice and statement of rea­ tion of Official Agricultural Chemists sons by the licensee or person author­ to “Association of Official Analytical § 54.131 [Am ended] ized to perform limited grading or in- Chemists ** 11. Section 54.131(b) is hereby de­ -spection service, he may file an appeal 8. Paragraphs (a) (3) and (b)(4) of leted. in writing, with the Secretary, sup­ § 55.68 are hereby amended to read, re­ ported by any argument or evidence that 12. Section 54.152(a) (2) is hereby spectively: amended to read: he may wish to offer as to why his li­ cense or authorization should not be § 55.68 On a resident inspection basis. § 54.152 Ready-to-cook domestic rab­ suspended or revoked. After the ex­ (a) Charges. * * * bits. piration of the aforesaid 7-day period (3) A charge equal to the cost of sai- and consideration of such argument and (a) In an official plant. * * * y paid to each grader or inspector as- (2) Only such ready-to-cook domesticevidence, the Secretary will take such action as he deems appropriate with ;ned to the applicant’s plant by rabbits which are of A quality or B qual­ & MS: Provided, That no charge wifi ity and which were graded on an indi­ respect to such suspension or revocation. When no appeal is filed within the made for salary of any grader or m- vidual carcass basis by a grader or by a ector ordinarily assigned to the app i person authorized to perform limited prescribed 7 days, the license or au­ grading services, pursuant to § 54.20(d) thority to perform limited grading or nt’s plant while temporarily reassigned and thereafter check graded by a grader inspection services is revoked. C & MS to perform grading service ior may be individually identified with the 3. Section 55.13 is hereby amended to ler than the applicant. appropriate grade mark, and any con­ read:

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 RULES AND REGULATIONS 2773

(b) Other provisions. * * * pension to the respective licensee or per­ may be obtained at the national, area or (4) Graders or inspectors will be re­son authorized to perform limited grad­ state grading office. In making applica­ quired to confine their activities to those ing services, accompanied by a statement tion, the applicant agrees to comply with duties necessary in the rendering of of the reasons thereof. Within 7 the terms and conditions of the regula­ grading and inspection services and such days after the receipt of the aforesaid tions (including, but not being limited to, closely related activities as may be ap­ notice and statement of reasons by the such instructions governing grading of proved by C & MS : Provided, That in no licensee or person authorized to perform products as may be issued from time to instance may the graders or inspectors limited grading services, he may file an time by the Administrator). No member assume the duties of management. appeal in writing, with the Secretary, of or Delegate to Congress or Resident supported by any argument or evidence Commissioner shall be admitted to any 9. Section 55.83(h) is hereby amended that he may wish to offer as to why his benefit that may arise from such service to read: license or authorization should not be unless derived through service rendered a § 55.83 Breaking room operations. suspended or revoked. After the expira­ corporation for its general benefit. * * * * * tion of the aforesaid 7-day period and 8. Paragraph (b) (2) of § 56.36 is here­ (h) Each shell egg must be broken in consideration of such argument and evi­ by amended to read: a satisfactory and sanitary manner and dence, the Secretary will take such ac­ inspected for wholesomeness by smelling tion as he deems appropriate with respect § 56.36 Information required on, and form o f grade mark. the shell or the egg meat and by visual to such suspension or revocation. When examination at the time of breaking. no appeal is filed within the prescribed * * * * * All egg meat shall be reexamined by a 7 days, the license or authority to per­ (b) Form of official identification person authorized to perform limited form limited grading services is revoked. symbol and grade mark. * * * grading or inspection services before 4. Section 56.13 is hereby amended to (2) Except as otherwise authorized, being emptied into the tank or churn, read: the grade mark permitted to be used to except as otherwise approved by the na­ officially identify cartons of shell eggs tional supervisor. §56.13 Cancellation o f license. which are graded pursuant to the regu­ * • * * * * Upon termination of his services as a lations in this part shall be contained in grader, sampler, or supervisor of pack­ a shield and in the form and design indi­ § 55.122 [Deleted] aging, each licensee shall surrender his cated in Figures 2,3, and 6 of this section. 10. Section 55.122 and the headinglicense immediately for cancellation. The shield shall be of sufficient size so “Application for Grading Service” pre­ that the print and other information 5. Section 56.14 is hereby amended to ceding § 55.122 are hereby deleted. contained therein is distinctly legible and C. As to part 56: read: in approximately the same proportion 1. The part heading is hereby changed § 56.14 Surrender of license. _ and size as shown in Figures 2 and 3. to read as set forth above. Each license which is canceled, sus­ When the size or weight class is included 2. Section 56.11 is hereby amended to as a part of the grade mark, the form read: pended, or has expired shall immediately be surrendered by the licensee to the of­ of such mark shall be as indicated in § 56.11 Authorization to perform lim­ fice of grading serving the area in which Figure 2 and when the size or weight ited grading services. he is located. class is not included in the grade mark, the form of such mark shall be as indi­ Any person who is employed by any 6. Section 56.16 is hereby amended to cated in Figure 3. The grade mark shall official plant and possesses proper quali­ read: be printed on. the carton or on a tape fications, as determined by the Adminis­ § 56.16 Identification. used to seal the carton. trator, may be authorized to candle and * * * * * grade eggs on the basis of the “ United All graders^ samplers, and supervisors States Standards for Quality of Individ­ of packaging, shall each have in posses­ 9. Section 56.40 is hereby amended to ual Shell Eggs,” with respect to eggs pur­ sion at all times, and present upon re­ read: chased from producers or eggs to be quest, while on duty, the means of iden­ § 56.40 Grading requirements of shell packaged with official identification. In tification furnished by the Department eggs for packaging with grade iden­ addition, such authorization may be to such person. tification labels. granted to any qualified person to act as ? “supervisor of packing” in the packag­ 7. The heading for § 56.21 and § 56.21 Shell eggs ¿hall not be packaged with ing and grade labeling of products' No are hereby amended to read, respec­ any grade identification label unless such Person to whom such authorization is tively: eggs are first individually graded (a) by granted shall have authority to issue any a grader, or (b) by a person authorized § 56.21- How application for service may to perform limited grading services pur­ grading certificates, grading memoranda, be made; conditions o f continuous mother official documents; and all eggs service. suant to § 56.11 and thereafter check graded by a grader. Mrtuch are graded by any such person (a) Noncontinuous grading service on shall thereafter be check graded by a a fee basis. An application for any non- 10. The heading for § 56.52 and para­ Spader. Each authorization shall be con iinuous grading service on a fee basis graphs (a )(3 ), (b )(3 ), and (b )(5 ) of signed by the grader who determined the may be made in any office of grading, or § 56.52 are hereby amended to read, Qualifications of the person authorized with any grader or sampler at or nearest respectively: ^Perform such limited grading services, the place where the service is desired. § 56.52 Continuous grading performed when the employee of an official plant Such application may be made orally (in on a resident basis. ceases to perform such limited grading person or by telephone), in writing, or - (a) Charges. * * * cvTnCuS the Plant, his authorization by telegraph. I f the application for nail be automatically canceled. (3) A charge equal to the cost of salary grading service is made orally, the office paid to each grader assigned to the appli­ 3l The heading for § 56.12 and § 56.1 of grading or the grader or sampler with cant’s plant by C&MS: Provided, That e hereby amended to read respectively whom such application is made, or the no charge will be made for salary of any Administrator, may require that the ap­ grader ordinarily assigned to the appli­ 56.12 Suspension of license or authoi plication be confirmed in writing. lly; revocation. cant’s plant while temporarily reassigned (b) Continuous grading service on a by C&MS to perform grading service for t,hpendlng fiPal action by the Secretary, resident basis or continuous grading other than the applicant. e person who countersigns the license service on a nonresident basis. An ap­ lim.?g?s authorization to perform plication for continuous grading service ***** j. grading services may, whenever on a resident basis or for continuous (b) Other provisions. * * * a‘ e?*ns such action necessary, suspend grading service on a nonresident basis (3) At the sole discretion of C&MS, limit*lcense. or authority- to perform must be made in writing on forms ap­ graders may be either Federal or State to thi services issued pursuant proved by the Administrator and filed employees. «fs part, by giving notice of such sus­ with the Administrator. Such forms *****

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2774 RULES AND REGULATIONS

(5) Graders will be required to coniine (d) Bubbly air cell (B or e quality). Awhite to such an extent that it appears their activities to those duties necessary ruptured air cell resulting in one or more definitely enlarged and fiat. in the rendering of grading service and small separate air bubbles usually float­ •(g) Practically free from defects (AA such closely related activities as may be ing beneath the main air cell. or A quality). A yolk that shows no approved by C&MS: Provided, That in no germ development but may show other instance may the graders assume the 17. Paragraphs (b), (c) , (d), and (e) very slight defects on its surface. duties of management. of § 56.210 are hereby amended to read, (h) Definite but not serious defects respectively: 11. The heading for § 56.54 and § 56.54 (23 quality). A yolk that may show def­ are hereby amended to read, respec­ § 56.210 Terms descriptive of the white. inite spots or areas on its surface but tively: * ' * * * * with only slight indication of germ de­ velopment or other pronounced or serious § 56.54 Charges for continuous grading (b) Firm (AA quality). A white that defects. performed on a nonresident basis. is sufficiently thick or viscous to prevent (i) Other serious defeats (C quality). When grading service is furnished on the yolk outline from being more than A yolk that shows well developed spots a continuous nonresident basis, the slightly defined or indistinctly indicated or areas and other serious defects, such charges and other provisions contained when the egg is twirled. With respect to as olive yolks, which do not render the in § 56.52 are applicable with the excep­ a broken-out egg, a firm white has a egg inedible. tion of those in § 56.52(a) (1), (8) (i), Haugh unit value of 72 or higher when (j) Clearly visible germ development (ii), and (9). An administrative charge measured at a temperature between 45° (C quality). A development of the germ shall also be made by adding 20 percent and 60° P. spot on the yolk of a fertile egg that has (c) Reasonably firm (A quality). A to each of the charges specified in § 56.52 progressed to a point where it is plainly (a) (3) and (7). white that is somewhat less thick or vis­ visible as a definite circular area or spot cous than a firm white. A reasonably with no blood in evidence. § 56.100 [Deleted] firm white permits the yolk to approach (k) Blood due to germ development. 12. Section 56.100 and the heading the shell more closely which results in a Blood caused by development of the germ “Application for Grading Service” pre­ fairly well defined yolk outline when the in a fertile egg to the point where it is ceding § 56.100 are hereby deleted. egg is twirled. With respect to a broken- visible as definite lines or as a blood ring. out egg, a reasonably firm white has a Such an egg is classified as inedible. § 56.203 [Am ended] Haugh unit value of 60 to 72 when meas­ 13. The last sentence of § 56.203 is ured at a temperature between 45° and 19. Section 56.212(b) is hereby amend­ hereby amended by changing “ or” to 60° P. ed to read: “ and.” (d) Slightly weak (23 quality). A white §56.212 General terms. that is lacking in thickness or viscosity to * * * * * § 56.204 [Am ended] y an extent that causes the yolk outline to appear well defined when the egg is (b) Inedible eggs. Eggs of the follow­ 14. The fifth sentence of § 56.204 is ing descriptions are classed as inedible: hereby amended by changing “ or” to twirled. With respect to a broken-out egg, a slightly weak white has a Haugh black rots, yellow rots, white rots, mixed “ and.” rots (addled eggs), sour eggs, eggs with 15. Paragraphs (c), (d), and (e) of unit value of 31 to 60 when measured at a temperature between 45° and 60° P. green whites, eggs with stuck yolks, § 56.208 are hereby amended to read, moldy eggs, musty eggs, eggs showing respectively: (e) Weak and watery (C quality) . A white that is thin and generally lacking blood rings, eggs containing embryo § 56.208 Terms descriptive o f shell. in viscosity. A weak and watery white chicks (at or beyond the blood ring ♦ * * * * permits the yolk to approach the shell stage), and any eggs that are adulterated closely, thus causing the yolk outline to as such term is defined pursuant to the (c) Practically normal (AA or A qual­ Federal Pood, Drug, and Cosmetic Act. ity ). A shell that approximates the appear plainly visible and dark when the usual shape and that is of good even tex­ egg is twirled. With respect to a broken- 20. Section 56.217 is hereby amended ture and strength and is free from out egg, a weak and watery white has a by changing footnote 2 in Table I to rough areas or thin spots. Slight ridges Haugh unit value lower than 31 when read: and rough areas that do not materially measured at a temperature between 45° and 60° P. § 56.217 Summary of grades. affect the shape, texture, and strength of * * * * * the shell are permitted. ***** 2 Within tolerance permitted, an allowance (d) Slightly abnormal (23 quality). A will be made at receiving points or shipping shell that may be somewhat unusual in 18. Section 56.211 is hereby amended to read: destination for % percent leakers in Grade shape or that may be slightly faulty in AA or Fresh Fancy Quality, A and B. texture or strength. It may show defi­ § 56.211 Terms descriptive o f the yolk. ***** nite ridges but no pronounced thin spots or rough areas. (a) Outline slightly defined (AA qual­ 21. Section 56.222 is hereby amended (e) Abnormal (C quality). A shell ity ). A yolk outline that is indistinctly by adding the following sentence to foot­ that may be decidedly misshapen or indicated and appears to blend into the noted of Table I. faulty in texture or strength or that may surrounding white as the egg is twirled. § 56.222 Summary of grades. show pronounced ridges, thin spots, or (b) Outline fairly well defined (A ***** rough areas. quality). A yolk outline that is discerni­ a * * •* Substitution of higher qualities 16. Paragraphs (b), (c), and (d) of ble but not clearly outlined as the egg for lower qualities specified is permitted. is twirled. § 56.209 are hereby amended to read, 22. Section 56.232 is hereby amended respectively: (c) Outline well defined (23 quality). A yolk outline that is quite definite and by adding the following sentence to foot­ § 56.209 Terms descriptive of the air distinct as the egg is twirled. note 2 of Table I. cell. (d) Outline plainly visible (C quality). § 56.232 Summary of grades. * * * * * A yolk outline that is clearly visible as a ***** (b) Practically regular (AA or A qual­ dark shadow when the egg is twirled. 2 Substitution of higher qualities for lower ity) . An air cell that maintains a prac­ (e) Slightly enlarged and slightly flat­ qualities specified is permitted. tically fixed position in the egg and shows tened (23 quality). A yolk in which the D. As to Part 70 : . a fairly even outline with not more than yolk membranes and tissues have weak­ 1. The heading for § 70.30 and para­ ened somewhat causing it to appear %-inch movement in any direction as the graph (d) of § 70.30 are hereby amenaea egg is rotated. slightly enlarged and slightly flattened. (c) Free air cell CB or C quality). An (f) Enlarged and flattened (C qual­ to read, respectively: air cell that moves freely toward the ity) . A yolk in which the yolk mem­ § 70.30 Licensed or authorized graders uppermost point in the egg as the egg is branes and tissues have weakened and and inspectors. rotated slowly. moisture has been absorbed from the * * * / * *

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 RULES AND REGULATIONS 2775

(d) Any person who is employed by § 70.137 Charges fo r continuous grad­ rication of the poultry food products has any official plant and possesses proper ing performed on a nonresident basis. been done under the supervision of a qualifications as determined by the Ad­ When grading service is furnished on grader, may the container or the indi­ ministrator may be authorized to grade a continuous nonresident basis, the vidual carcass or part or poultry food poultry on the basis of the U.S. classes, charges and other provisions contained product be identified with the appro­ standards, and grades under the super­ in § 70.138 are applicable with the excep­ priate official letter grade mark. Except vision of a grader. No person to whom tion of those in §§ 70.138(a) (1) , (8) (i), when otherwise permitted by the Admin­ such authorization is granted shall have ( ii), and (9). An administrative charge istrator, the grading of ready-to-cook authority to issue any grading certifi­ shall also be made by adding 20 percent poultry with respect to the factors of cates, grading memoranda, or other offi­ to each of the charges specified in fleshing and fat covering and the deter­ cial documents; and all products graded §§ 70.138(a) (3) and (7). mination of the class of the poultry shall by any such person shall thereafter be be performed prior to the disjointing or check graded by a grader. Each author­ 5. The heading for § 70.138 and sub- cutting up of the carcass. Grading with ization shall be signed by the grader who paragraphs (a) (3) and (b) (4) of § 70.138 respect tp the other factors of quality determined the qualifications of the per­ are hereby amended to read, respectively: may be performed after the carcass has son authorized to perform such limited § 70.138 Continuous grading performed been disjointed or cut up. Grading with grading services. When the employee of on a resident basis. respect to factors such as freezing de­ an official plant ceases to perform such * * * * * fects and appearance of finished prod­ limited grading services at the plant, his ucts may be done on a sample basis. authorization shall be automatically (a) Charges. * * * 9. Section 70.254(b) is hereby amended canceled. | . ' ‘ 0 1 B (3) A charge equal to the cost of sal­ ary paid to each grader assigned to the to read: 2. The last sentence of § 70.31 is here­ applicant’s plant by C&MS: Provided, by amended to read : That no charge will be made for salary § 70.254 Employment and licensing of state inspectors. of any grader ordinarily assigned to the § 70.31 Suspension o f license or author­ * * ♦ * * ity; revocation. applicant’s plant while temporarily re­ assigned by C&MS to perform grading (b) Each State inspector at the time * * * When no appeal is filed within service for other than the applicant. the prescribed 7 days, the license or au­ he begins service as an inspector shall thority is revoked. * * * * * complete a period of training under the (b) Other provisions. * * * immediate supervision of a Federally em­ 3. The heading for § 70.41 and § 70.41 (4) Graders will be required to confine ployed training supervisor. A license are hereby amended to read, respectively: their activities to those duties necessary authorizing the State inspector to serve § 70.41 How application for service may in the rendering of grading service and as inspector-in-charge of a station may be made; conditions o f continuous such closely related activities as may be be issued when it has been determined by service. approved by C&MS : Provided, That in the officer-in-charge of the poultry in­ spection service of C&MS that the in­ (a) Noncontinuous inspection or grad­ no instance may the graders assume the spector is qualified for such position. ing service on a fee basis. An application duties of management. for any noncontinuous grading or in­ § 70.141 [Am ended] §§ 70.260, 70.265, 70.266 [Deleted] spection service on a fee basis may be made in any office of grading or inspec­ 6. Section 70.141(a) (12) is hereby 10. Sections 70.260, 70.265, and 70.266 tion or with any grader or inspector at deleted. and the headings preceding §§ 70.260 and or nearest the place where the service 7. Section 70.182 is hereby amended to 70.265 are hereby deleted. is desired. Such application may be read: (Secs. 203 and 205, 60 Stat. 1087, 1090, as made orally (in person or by telephone), §70.182 Dressed poultry. amended, 7 U.S.C. 1622, 1624, 29 F.R. 16210, in writing, or by telegraph. I f the appli­ as amended, 30 F.R. 1260, as amended) No official grade mark shall appear on cation for grading or inspection service The amendments are primarily of an is made orally, the office of grading or the shipping containers or on the indi­ vidual birds packed therein with respect administrative or housekeeping nature inspection or the grader or inspector with and will not require any changes in the whom such application is made, or the to dressed poultry for use in domestic channels. The shipping containers of operations of the affected industry. The Administrator, may require that the ap­ facts upon which the amendments are plication be confirmed in writing. such dressed poultry may be identified (b) Continuous grading or inspection with an acceptance mark when conform­ based are not available to the industry, service on a resident basis or continuous ity with contract specifications is deter­ but are peculiarly within the knowledge grading service on a nonresident basis. mined as provided in § 70.11, or by other of the Department. Therefore, public An application for continuous grading means approved by the Administrator. rule making would not result in the De­ or inspection service on a resident basis The appropriate official grade mark may partment receiving additional data and or for continuous grading service on a be applied to shipping containers and/or facts on these matters. Accordingly, un­ nonresident basis must be made in writ­ individual birds packed therein with re­ der section 4 of the Administrative Pro­ spect to dressed poultry for export pre­ ing on forms approved by the Adminis­ cedure Act (5 Ù.S.C. 1003), it is found pared in accordance with the require­ trator and filed with the Administrator. upon good cause that notice of rule mak­ Such forms may be obtained at the na- ments of the foreign country involved ing and other public procedure on the “onal, area or State grading or inspection and Part 81 of this chapter. office. In making application, the appli- amendments are impracticable and un­ 8. Section 70.183(b) is hereby amended necessary and good cause is found for cant agrees to comply with the terms and to read: conditions of the regulations (including, making said amendments effective less but not being limited to, such instructions § 70.183 Ready-to-cook poultry and than 30 days after, publication in the governing grading and inspection of specified poultry food products. F ederal R e g ist e r . Products as may be issued from time to * * * * * «me by the Administrator). No member Done at Washington, D.C., this 11th (b) Only when ready-to-cook poultry day of February 1966 to become effective oi or Delegate to Congress or Resident carcasses or parts, including those used upon publication in the F ederal R e g is ­ j-ommissioner shall be admitted to any in the fabrication of poultry food prod­ ter . benefit that may arise from such service ucts, have been graded on an individual unless derived through service rendered basis by a grader, or by a person author­ R o y W . L e n n a r t s o n , corporation for its general benefit. ized to perform limited grading services Associate Administrator. nr4V,The headin& f or §§ 70.137 and 70.138 pursuant to § 70.30(d) and thereafter [F.R. Doc. 66-1659; Filed, Feb. 15, 1966; e hereby amended to read, respectively : check graded by a grader, and when fab­ 8:49 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 No. 32------2 2776 RULES AND REGULATIONS

Chapter VII— Agricultural Stabiliza­ sugar from foreign countries to enter (ii) Notwithstanding the priorities tion and C o n se rv a tio n Service during the first quarter of 1966, specifi­ provided in subparagraph (3) of this cally for receipt at North Hatteras ports, paragraph, if two or more applications (Agricultural Adjustment), Depart­ ■this action is necessary because a con­ covering sugar from different countries ment of Agriculture siderable quantity of Puerto Rican raw become eligible for approval at the same SUBCHAPTER B— FARM MARKETING QUOTAS sugar that normally would be shipped to time, priority will be given to the appli­ AND ACREAGE ALLOTMENTS North Hatteras ports is being shipped to cation for importation from the country New Orleans and has resulted in a tight with the smallest percentage of its first PART 722— COTTON supply situation for North Hatteras re­ quarter importations set forth in subpar­ Subpart— 1966 Crap of Upland Cot­ finers. American ships in the Puerto agraph (5) of this paragraph (d) already ton; Acreage Allotments and Mar­ Rican sugar trade are granting favor­ approved for importation during the first able freight concessions on sugar ship­ quarter of 1966. All applications re­ keting Quotas ments to New Orleans where they are ceived on or before the effective date of R e fer end a R e s u l t s C o r r e c t io n ; S ale or able to charter other cargoes for export. this amendment adding subparagraph 6 L ease T r ansfers In view of the short time available for shall become eligible for approval as of scheduling shipments for arrival during the effective date of this amendment. (a) This amendment to § 722.277 is the first quarter, authorization will be (iii) Each applicant must certify on issued pursuant to the Agricultural on the basis of eligibility of applications the application that the sugar covered Adjustment Act of 1938, as amended (52 for “ Sugar Quota Clearance” on Form represents sugar not previously author­ Stat. 31, as amended; 7 U.S.C. 1281 et SU-3. Such authorization can be is­ ized for entry and will not affect fulfill­ seq.) to correct the result announced for sued no more than 5 days prior to the ment of set-aside agreements for the first Angelina County, Tex., in the referendum stated date of departure of the vessel half of 1966. regarding sale or lease transfers held on designated on the Form SU-3. The (iv) Any application submitted and November 23,1965. stated date of arrival must be on or be­ approved pursuant to this subparagraph (b) Since the only purpose of this fore March 31, 1965, and must reflect a (d) (6) becomes null and void if the sugar amendment to § 722.277 is to correct the customary shipping time. does not depart from the port identified referendum result published in the F ed ­ Effective date. In order to promote in the application within 3 days of the eral R e g ister on December 18, 1965 (30 orderly marketing, it is essential that date of departure stated in the applica­ F.R. 15647), it is hereby found and deter­ all persons selling and purchasing sugar tion, and each authorization to a Col­ mined that compliance with the notice, for receipt at North Hatteras ports be lector of Customs for release of sugar public procedure and 30-day effective able as soon as possible to make plans covered by each such application shall be date requirements of section 4 of the Ad­ based on these changes in marketing op­ valid for the period stated thereon if the ministrative Procedure Act (60 Stat. 238; portunities. Therefore, it is hereby de­ carrier departed on or before the date 5 U.S.C. 1003) is unnecessary. Accord­ termined and found that compliance specified in the authorization, which date ingly, this amendment shall be effec­ with the notice^ procedure and effective shall be 3 days following the date of de­ tive upon filing this document with the date requirements of the Administrative parture stated in the application. Director, Office of the Federal Register. Procedure Act is unnecessary, imprac­ Section 722.277(b) is amended by de­ ticable and contrary to the public in­ (Sec. 403, 61 Stat. 932, 7 U.S.C. 1153, as leting Angelina County from the list of amended, and as further amended by Public terest and the amendment herein shall Law 89-331 approved November 8, 1965) counties in Texas. become effective when published in the (Sec. 344a, 79 Stat. 1197; 7 U.S.C. 1344b) F ederal R e g ister . Issued at Washington, D.C., this 10th day of February 1966. Effective date. Date of filing this docu­ By virtue of the authority vested in ment with the Director, Office of the the Secretary of Agriculture by the, Act, J o h n A. S c h n it t k e r , Federal Register. Part 811 of this chapter is hereby Acting Secretary. amended as follows; Signed at Washington, D.C., on Feb­ [F.R. Doc. 66-1658; Filed, Feb. 15, 1966; Paragraph (d) of § 811.43 is amended 8:49 a.m.] ruary 11,1966. by amending subparagraph (1) and H. D. G o d f r e y , adding a new subparagraph (6) to read Administrator, Agricultural Sta­ as follows: [Navel Orange Regulation 99, Amdt. 1] bilization and Conservation Service. § 811.43 Quotas for foreign countries. Chapter IX— Consumer and Market­ ing Service (Marketing Agreements * * * ♦ * [F.R. Doc. 66-1657; Filed, Feb. 15, 1966; and Orders; Fruits, Vegetables, 8:49 a.m.] (d) (1) Of the total quotas and pro­ rations for foreign countries established Nuts), Department of Agriculture in paragraphs (b) and (c) of this sec­ PART 9Q7 — NAVEL ORANGES Chapter VIII— Agricultural Stabiliza­ tion, 1,750,000 short tons, raw value, of GROWN IN ARIZONA AND DESIG­ tion and Conservation Service raw sugar may be authorized for im­ NATED PART OF CALIFORNIA (Sugar), Department of Agriculture portation from all foreign countries in accordance with Part 817 of this chapter Limitation of Handling SUBCHAPTER B— SUGAR REQUIREMENTS AND during the first 6 months of 1966, and of QUOTAS such 1,750,000 short tons, raw value, Findings. (1) Pursuant to the mar- eting agreement, as amended, and Or- [Sugar Reg. 811, Amdt. 1] 750,000 short tons, raw value, may be authorized fo r importation during the er No. 907, as amended (7 CFR Part PART 811— CONTINENTAL SUGAR first quarter of the year. 07), regulating the handling of Navel REQUIREMENTS AND AREA QUOTAS ranges grown in Arizona and design­ * * * * * ated part of California, effective under Requirements and Quotas for 1966 - (6) (i) Notwithstanding subparagraph he applicable provisions of the Agncui- (2) of this paragraph (d) the importa­ ural Marketing Agreement Act of is«/, Basis and- purpose and statement of s amended (7 U.S.C. 601-674), an bases and consideration. This amend­ tion of 50,000 short tons, raw value of sugar on or before March 31, represent­ pon the basis of the recommendation ment is issued pursuant to the authority nd information submitted by the Navel vested in the Secretary of Agriculture ing an addition to the 700,000 short tons, raw value, initial limitation, will be au­ )range Administrative Committee, es- by the Sugar Act of 1948, as amended thorized only for importation at North ablished under the said amended mar- (61 Stat. 922, as amended and its fur­ Hatteras ports on the basis of applica­ :eting agreement and order.and upo ther amended by Public Law 89-331 tions for “ Sugar Quota Clearance” on ther available information, it is hereoy approved November 8, 1965) hereinafter Form SU-3 in accordance with the pro­ ound that the limitation of handling referred to as the “Act”. The purpose visions of Part 817 of this chapter except uch Navel oranges, as hereinafter prel­ of this amendment is to permit an ad­ as modified by (ii) and (iii) and (iv) of ided, will tend to effectuate the declared ditional 50,000 short tons, raw value, of this subparagraph. ►olicy of the act.

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 RULES AND REGULATIONS 2777

(2) It is hereby further found that it changes which are being made now in Creek Road to the San Jose-Los Gatos Road; is impracticable-and contrary to the pub­ the boundaries of the election districts, thenoe southwesterly on the San Jose-Los Gatos Road to Union Avenue; thence south lic independent producers will need addi­ interest to give preliminary notice, on Union Avenue along a straight line con­ engage in public rule-making procedure, tional time to prepare for and hold their tinuing to the Santa Cruz County Line. and postpone the effective date of this forthcoming nomination meetings. District No. 5. That portion of Santa amendment until 30 days after publica­ Both changes were unanimously rec­ Clara County south of the portion of Santa tion thereof in the F ederal R egister (5 ommended by a subcommittee of the Clara County in District No. 4, extending in U.S.C. 1001-1011) because the time in­ Prune Administrative Committee. The a southerly direction to a straight line ex­ tervening between the date when infor­ Committee unanimously delegated the tending from along the main portion of the Cochran Road, northeasterly to the Stan­ mation upon which this amendment is subcommittee the responsibility to act on these matters and submit its recom­ islaus County line and southwesterly to the based became available and the time Santa Cruz County line, and all of the when this amendment must become ef­ mendations to the Secretary. counties in the State of California not in­ fective in order to effectuate the declared After consideration of all relevant in­ cluded in Districts No. 1 to No. 4, inclu­ policy of the act is insufficient, and this formation, including the subcommittee’s sive, and Districts No. 6 and No. 7. amendment relieves restrictions on the recommendations, it is found that the District No. 6. The counties of San Benito, handling of Navel oranges grown in Ari­ amendment of the Subpart—Adminis­ Monterey, and San Luis Obispo, and all of zona and designated part of California. trative Rules and Regulations, as herein­ that portion of Santa Clara County not in­ after set forth, is in accordance with this cluded in Districts No. 4 and No. 5. Order, as amended. The provisions District No. 7. The counties of Shasta, in paragraph (b) (1) (i) and (ii) of part, will tend to effectuate the declared Tehama, Glenn, Butte, Colusa, Yolo, and §907.399 (Navel Orange Regulation 99, policy of the act, and for the reasons Sacramento. 31 F.R. 2420) are hereby amended to hereinafter set forth, should become ef­ 2. The date appearing in the first sentence read as follows: fective at the time provided herein. of § 993.128(b) (1) is changed from March 1 (i) District 1:1,100,000 cartons; Therefore, "It is hereby ordered, That to March 8. (ii) District 2 : Unlimited movement. the Subpart—Administrative Rules arid It is hereby further found that it is im­ Regulations be amended as follows: practicable, unnecessary, or contrary to the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 1. Paragraph (a) of § 993.128 ispublic interest to give preliminary notice and 601-674) engage in public rule making procedure, and revised to read: that good cause exists for making the pro­ Dated: February 11,1966. § 993.128 Nominations; for membership. visions hereof effective upon publication in the F ederal R egister and not postponing P aul A. N ic h o lso n , (a) Districts. In accordance with thethe effective time until 30 days after such Deputy Director, Fruit and Veg­ publication (5 U.S.C. 1003 (a) and (c)) in etable Division, Consumer and provisions of § 993.28, the districts re­ ferred to therein are described as follows: that: (1) The districts must be established Marketing Service. promptly in order that independent pro­ District No. 1. The counties of Modoc, ducers will know in which districts their [F.R. Doc. 66-1660; Filed, Feb. 15, 1966; Lassen, Plumas, Sierra, Nevada, Yuba, Sut­ orchards are located and which nomination 8:49 a.m.] ter, Placer, Eldorado, Amador, Alpine, and meetings to attend to nominate their candi­ Calaveras. dates for representation on the Prime Ad­ District No. 2. The counties of Napa, So­ ministrative Committee; (2) the districts PART 993— DRIED PRUNES PRO­ lano, Marin, and that portion of Sonoma must be established promptly so that the County south and east of a line described DUCED IN CALIFORNIA Committee management can schedule nomi­ as follows: Beginning at the intersection of nation meetings and notify independent Subpart— Administrative Rules and Bay Highway and Bodega Bay in Bodega Bay; producers of the timé and place of such thence easterly on Bay Highway to its junc­ meetings; and (3) this regulation places no Regulations tion with Bodega Highway in Bodega; thence restrictions on handlers. easterly on Bodega Highway to its Junction M iscellaneous A m endm ents with Burbank Memorial Highway in Sebas­ (Secs. 1—19, 48 Stat. 31, as amended; 7 U.S.C. Pursuant to the marketing agreement, topol; thence easterly on Burbank Metnorial 601-674) as amended, and Order No. 993, as Highway to its junction with Sebastopol Ave­ nue at Occidental Road; then east oh Se­ Dated February 10, 1966, to become amended (7 CFR Part 993; 30 F.R. 9797), bastopol Avenue to U.S. Highway 101 Freeway effective upon publication in the F ederal hereinafter referred to collectively as the in Santa Rosa; thence north on US. Highway R egister. "order,” regulating the. handling of dried 101 Freeway to its junction with Redwood P aul A. N ic h o lso n , Prunes produced in California, effective Highway North (U.S. Highway 101) at Men­ Deputy Director, under Agricultural Marketing Agreement docino Avenue; thence northwest on Red­ Fruit and Vegetable Division. Act of 1937, as amended (7 U.S.C. 601- wood Highway North (U.S. Highway 101) to 674), §993.128 (a) and (b)(1) of the Pleasant Road near East Windsor; thence [F.R. Doc. 66-1644; Filed, Feb. 15, 1966; east on Pleasant Road to Chalk Hill Road; 8:47 a.m.] Subpart—Administrative Rules and Reg­ thence northerly on Chalk HiU Road to its ulations (7 CFR Part 993; 30 F.R. 13310; junction with State Highway 128; thence 80) will be amended. The sub- easterly on State Highway 128 to the Napa Part is operative pursuant to the order. County Line. Section 993.128 will be amended by re- District No. 3. The counties of Del Norte, Title 14— AERONAUTICS AND v«mg the description of the boundaries Siskiyou, Humboldt, Trinity, Mendocino, of the seven independent producer elec- Lake, and all that portion of Sonoma County SPACE districts set forth in paragraph (a) not included in District No. 2. District No. 4. The counties of Contra Chapter I— Federal Aviation Agency J^t section. The boundaries of these Costa, San Joaquin, Alameda, San Francisco, districts are being changed so that the San Mateo, Santa Cruz, Stanislaus, Merced, [Airspace Docket No. 65—SO-45] ^stricts will have, insofar as practicable, and all that portion of Santa Clara County equal representation by numbers of in- north and west of a line described as fol­ PART 75— ESTABLISHMENT OF JET j*®Pendent producers and production of lows : Beginning at the point where the east­ ROUTES ned prunes by such producers, as re­ ern Santa Clara County line and the southern quired by § 993.28. boundary of San Jose Township of said Realignment of Jet Route - county meet; thence west on said township Section 993.128(b) (1) will be amended boundary to San Felipe Road No. 2; thence The purpose of this amendment to require the Committee to cause a southerly on San Felipe Road No. 2 to San Part 75 of the Federal Aviation Regula­ cnîÜ he llel(^ rn each of the afore- Felipe Road; thence westerly and northwest­ tions is to realign Jet Route No. 4, in part, f *Q, ®lection districts prior to March 8 erly on San Felipe Road to White Road in from Jackson, Miss., to Montgomery, Ala. .nmn 6 purpose of obtaining names of Evergreen; thence northwest on White Road This action will add the Meridian t,ho q candidates for nomination to to Santa Clara Street in San Jose; thence VORTAC and an intersection overhead­ en. secretary for selection as independ- west on Santa Clara Street to First Street in San Jose; thence south on First Street ing Selma, Ala., in the description of thf» prw*ucer members and alternates for to San Carlos Street in San Jose; thence Jet Route No. 4, thereby providing more ( b ) m ective s tric ts . Section 993.128 west on San Carlos Street to Meridian Road precise navigational guidance in avoid­ npw requires such meetings to in San Jose; thence south on Meridian Road ing intensive high altitude jet activity eld prior to March 1. In view of thé to Dry Creek Road; thence westerly on Dry in this area.

FEDERAL REGISTER, VOL. 3 1 , NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2778 RULES ANO REGULATIONS

Since this amendment imposes no minor, uniform charge for a routine additional burden on any person, does Title 19-CU STO M S DUTIES service which is available to all members not include designation or revocation of of the public regardless of their private controlled airspace and is minor in Chapter I— Bureau of Customs, interests and which is based exclusively nature, notice and public procedure Department of the Treasury on the cost accounting practices of this hereon are unnecessary. [T.D. 66-36] agency. In consideration of the foregoing, The above amendment shall become Part 75 of the Federal Aviation Regula­ PART 24— CUSTOMS FINANCIAL AND effective 30 days from the date of publi­ tions is amended, effective 0001 e.s.t., ACCOUNTING PROCEDURE cation in the F ederal R egister. April 28,1966, as hereinafter set forth. In § 75.100 (31 F.R. 2346) J-4 is Certain Customs Fees Increased [ seal] L ester D. Johnson, Commissioner of Customs. amended by deleting “ Jackson, Miss.; F ebruary 10, 1966. Montgomery, Ala.;” and substituting A review has recently been made of the Approved: February 8, 1966. “ Jackson, Miss.; Meridian, Miss.; IN T of fees prescribed in the Customs Regula­ T rue D avis, the Meridian 089° and the Montgomery, tions for copying documents by mechani­ Assistant Secretary of Ala., 282° radials; Montgomery;” there­ cal methods. A s'a result, it has been the Treasury. for. determined that certain of those fees, [F.R. Doc. 66-1614; Filed, Feb. 15, 1966; (Sec. 307(a) of the Federal Aviation Act of including the minimum total charge for 8:47 a.m.] 1958; 49 U.S.C. 1348) each order, are no longer adequate to re­ Issued in Washington, D.C., on Febru­ cover the costs of the services provided. ary 9,1966. The services are of the type descriBed in James L. L a m pl, section 501 of the Act of August 31, 1951 Title 33— NAVIGATION AND Acting Chief, Airspace and Air (5 U.S.C. 140), as intended to be self- Traffic Rules Division. sustaining to the full extent possible. NAVIGABLE WATERS Accordingly, section 24.12(b) (2) of the [F.R. Doc. 66-1615; Filed, Feb. 15, 1966; Customs Regulations is amended to read Chapter IV— Saint Lawrence Seaway 8:45 am .] as follows: Development Corporation § 24.12 Customs fees; charges for stor­ PART 400— EMPLOYEE RESPONSIBIL­ age. ITIES AND CONDUCT Title 18— CONSERVATION OF * * * * * Pursuant to Executive Order No. 11222 (b) * * * POWER AND WATER RESOURCES of May 8,1965, “Prescribing Standards of (2) I f any copy of a customs record isEthical Conduct for Government Officers Chapter I— Federal Power made by a customs employee for a party and Employees” (30 F.R. 6469) and Title Commission in interest, such party shall reimburse 5, Chapter I, Part 735, of the Code of the Government for the actual cost of [Docket No. R-294; Order No. 313] Federal Regulations (30 F.R.' 12529- material, labor, including that used in 12534) and by virtue of the authority PART 2— GENERAL POLICY AND searching for the record, and any re­ vested in me by sections 2 and 4 of Public INTERPRETATIONS quired postage. The charge for labor Law 358, 83d Congress, of May 13, 1954 shall be computed as prescribed in sub- (33 U.S.C. 982,984), regulations prescrib­ Recreational Development at Licensed paargraph (1), above, but a minimum ing standards of conduct for officers and Projects; Correction total charge of $2 shall be imposed for employees of the Saint Lawrence Seaway each order. For copying by mechanical Development Corporation are hereby F ebruary 3,1966. methods the charge shall be based on the issued as follows: Please correct line 8 of ordering para­ prevailing rates established by private- graph (C) to read as follows: “recrea­ concerns in the locality, provided that sec. tional value. Pending a determination such charge shall not be less than an 400.735- 1 Purpose. 400.735- 2 Definitions. by the Commission that such lands are amount computed according to the fol­ 400.735- 3 Disciplinary or remedial action. not needed for public recreational pur­ lowing minimum scale of charges with a 400.735- 4 Receipt of gifts, entertainment, poses, all * * *” minimum total charge of $2 for each and favors by employees. As so corrected paragraph (C) reads: order: 400.735- 5 Outside activities of employees. (C) The Commission will not grant 400.735- 6 Financial interests of employees. 400.735- 7 Use of Government property. any authorization for a licensee to dis­ First copy Additional Misuse of information by em­ pose of any interest- in project lands, Methods and sizes of each copies of 400.735- 8 % page (one the same ployees. unless a showing is made that such dis­ side) page 400.735- 9 Employee indebtedness. posal is not inconsistent with any ap­ 400.735- 10Gambling, betting, and lotteries. proved recreational plan or in the Photocopy negatives and prints Each Each 400.736- 11Coercion. . absence of such a plan, that the lands (including photostat prints), 400.735- 12Conduct prejudicial to the Gov­ do not have recreational value. Pend­ and copies made by any ernment. other mechanical method of Miscellaneous statutory provi- ing a determination by the Commission reproduction, except when 400.735- 13 that such lands are not needed for public photographic film is used: sions. Up to 9 x 12______-___ ■ $0.50 $0.40 400.735- 14Use of Corporation affiliation recreational purposes, all project lands, 12 x 18 (two 9 x 12 units)_ .75 .65 by special Government em­ buildings, or other property will be con­ 18 x 24 (four 9 x 12 units) . . 1.25 1.15 Photographic film negatives ployees. .. „ sidered to be required to achieve the and prints (single weight 400.735-15 Use of inside information purposes of the license within the mean­ paper): by special Government em­ ing of any article in the license relating Approximately 8 x 10J-3.__ 14.00 1.00 ployees. ’ . to the leasing of such lands, buildings, 400.735-16 Receipt of gifts, entertainment or other property. The licensee in i Including negative. and favors by special Govern­ the * * *. ment employees. 400.735-17 Applicability of other provi­ Order 313, Docket No. R-294 was is­ (R.S. 161, as amended, 251, sec. 501, 65 Stat. sions to special Government sued December 27, 1965, and published 290, sec. 624, 46 Stat. 759; 5 U.S.C. 22, 140, 19 employees. .. in the F ederal R egister, December 29, U.S.C. 66, 1624) 400.735- 18Employees required to submit 1965 (F.R. Doc. 65-13870, 30 F.R. 16197). statements. Notice of the proposed issuance of this 400.735- 19Supplementary statements. G ordon M . G rant, amendment pursuant to section 4 of the 400.735- 20Interests of employees’ reia- Acting Secretary. Administrative Procedure Act (5 U.S.C. tives. Information not known by em [F.R. Doc. 66-1616; Filed, Feb. 15, 1966; 1003) is deemed to be unnecessary since 400.735- 21 8:45 a.m.] the amendment is one which revises a ployee.

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 RULES AND REGULATIONS 2779

Sec. sistant Administrator or the Adminis­ (6) 'Affecting adversely the confidence 400.735- 22 Information not required of trative Officer of the Corporation acting of the public in the integrity of the employee. upon specific delegation from the 400.735- 23 Confidentiality of statements. Government. 400.735- 24 Effect of statements on other Administrator. (d) An employe^ shall not solicit con­ requirements. (c) When after consideration of the tributions from another v employee for a 400.735- 25 Submission of statements by explanation, the charging authority de­ gift, or make a donation as a gift to an special Government employ­ cides that disciplinary action is not re­ employee in a superior official position. ees. quired, he may take appropriate remedial (e) An employee in a superior official 400.735- 26 Review of financial statements. action. Remedial action may include, position shall not accept a gift presented 400.735- 27 Supplemental regulations. but is not limited to: as a contribution from an employee or Publication and interpretation. 400.735- 28 (1) Changes in assigned duties; employees receiving less salary than Authority : The provisions of this Part (2) Divestment by the employee or himself. 400 issued under E.O. 11222 of May 8, 1965, special Government employee of any (f) An employee shall not accept a 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CPR financial interest that conflicts or ap­ gift, present, decoration, or other thing 735.104. pears to conflict with the performance from a foreign government unless au­ § 400.735—1 Purpose. of his official duties; or thorized by Congress as provided by the (3) Disqualification for a particular The maintenance of unusually high Constitution and in 5 U.S.C. 114-115a. assignment. standards of honesty, integrity, impar­ (d) Remedial or disciplinary action § 400.735—5 Outside activities o f em­ tiality and conduct by its employees and shall be effected in accordance with any ployees. special Government employees is essen­ applicable laws, Executive orders and (a) An employee shall not engage in tial to assure the proper performance of regulations. the Corporation’s business and the main­ outside employment or other outside tenance of confidence by citizens in their § 400.735—4 Receipt of gifts, entertain­ activity not compatible with the full and Government. The avoidance of miscon­ ment, and favors by employees. proper discharge of his duties and re­ duct and conflicts of interest on the part sponsibilities as an employee of the Cor­ of employees and special Government (a) Except as provided in paragraph poration. It is the employee’s respon­ employees of the Corporation through (b) of this section, an employee shall not sibility to ascertain whether his outside informed judgment is indispensable to solicit or accept, directly or indirectly, employment or activity for profit is com­ the maintenance of these standards. any gift, gratuity, favor, entertainment, patible with his Government service by To accord with these concepts, this part loan or any other thing of monetary requesting prior written authorization sets forth the Corporation’s regulations value, from a person who: frpm the Administrator. Should such prescribing the standards of conduct (1) Has, or is seeking to obtain, con­ authorization be granted, the employee and responsibilities and governing state­ tractual or other business or financial has a continuing responsibility to confine ments of employment and financial in­ relations with the Corporation; himself to the scope of the authoriza­ terests for its employees and special (2) Conducts operations or activities tion. I f the circumstances change so as Government employees. that are regulated by the Corporation; or to involve a possible incompatible activ­ (3) Has interests that may be sub­ ity, the employee must seek further au­ 400.735—2 Definitions. stantially affected by the performance or thorization in order to continue in his In the regulations in this part: non-performance of his official duty. outside employment or activity for prof­ (a) “Employee” means every officer or (b) The prohibitions of paragraph (a) it. Authorization granted in specific employee of the Saint Lawrence Seaway of this section do not apply to : cases may subsequently be deemed to Development Corporation, but does not (1) Obvious family or personal rela­ involve an incompatible activity, and in include a special Government employee. tionships such as those between the em­ such cases the employee concerned shall (b) “Person” means an individual, a ployee and his parents, children or be notified in writing of the cancella­ corporation, a company, an association, spouse, when the circumstances make tion of the authorization with instruc­ a Arm, a partnership, a society, a joint it clear that those relationships rather tions to modify or terminate the outside stock company, or any other organiza­ than the business of the persons con­ activity at the earliest practicable time. tion or institution. cerned are the motivating factor; (b) • Incompatible activities by em­ (c) “Special Government employee” (2) Acceptance of food and refresh­ ployees include but are not limited to : Means an employee of the Saint Law­ ments of nominal value on infrequent oc­ (1) Acceptance of a fee, compensation, rence Seaway Development Corporation casions in the ordinary course of a lunch­ gift, payment of expense, or any other who is retained, designated, appointed, eon or dinner meeting or other meeting thing of monetary value in circumstances or employed to perform temporary du­ or on an inspection tour where an em­ in which acceptance may result in, or nes, with or without compensation, for ployee may properly be in attendance; create the appearance of, a conflict of a period not to exceed 130 days during (3) Acceptance of loans from banks interest; or j®y period of 365 consecutive days, on or other financial institutions on cus­ (2) Outside employment or activity either a full-time or intermittent basis. tomary terms to finance proper and usual which tends to impair his mental or activities of employees, such as home physical capacity to perform his duties 1400.735—3 Disciplinary or remedial mortgage loans; and action. and responsibilities within the Corpora­ (4) Acceptance of unsolicited adver­ tion in an acceptable manner. fa) a violation of the regulations in tising or promotional material, such as (c) Employees are encouraged to en­ ~~s part by an employee or special Gov- pens, pencils, note pads, calendars and gage in teaching, lecturing, and. writing employee may be cause for dis- other items of nominal intrinsic value. that is not prohibited by law, Executive Phnary action in addition to any pen- (c) An employee shall avoid any ac­ Order 11222, 5 CFR Part 735, or the rpm i pi escr^ e(i by Federal statute or tion, whether or not specifically pro­ regulations in this part. However, an ta w u Disciplinary action may hibited by the regulations in this part employee shall not, either for or without ase the form of a warning, suspension which might result in, or create the ap­ compensation, engage in teaching, lec­ of depending upon the gravity pearance o f: tho r«e °ffense, as the Administrator of (1) Using public office for private turing, or writing that is dependent on ^Corporation may decide. gain; information obtained as a result of his Any employee or special Govern- (2) Giving preferential treatment to employment by the Corporation, except pu.^fPP^yee of the Corporation who is any person; when that information has been made tirm?- T?®1 a violation of the regula- (3) Impeding Government efficiency available to the general public or will 0Dnrvrf,n Part shall be provided an or economy; be made available on request, or when aDnpatUruty explain the violation, or (4) Losing complete independence or the Administrator gives written authori­ authJ;^nce of violation to the charging impartiality; zation for the use of nonpublic infor­ be t h / • The obarging authority shall (5) Making a Government decision mation on the basis that the use is in the e Administrator; or may be the As­ outside official channels; or public interest.

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2780 RULES AND REGULATIONS

(d) An employee shall hot receive any manner, especially one imposed by law (i) The prohibition against the misuse salary or anything of monetary value such as Federal, State, or local taxes. of the franking privilege (18 U.S.C. 1719). from a private source as compensation For the purpose of this section, a “ just ( j ) The prohibition against the use of for his services to th® Corporation. financial obligation” means one acknowl­ deceit in an examination or personnel (e) An employee shall not engage in edged by the employee or reduced to action in connection with Government outside employment under a state or judgment by a court, and “in a proper employment (5 U.S.C. 637). local government, except in accordance and timely manner” means in a manner (k) The prohibition against fraud or with 5 CFR Part 734. which the Corporation determines does false statements in a Government mat­ (f) This section does not preclude an not under the circumstances, reflect ter (18 U.S.C. 1001). employee from: adversely on the Corporation as his (l) The prohibition against mutilating (1) Receiving bona fide reimburse­ employer. or destroying a public record (18 U.S.C. ment, unless prohibited by law, for 2071). actual expenses for travel and such other § 400.735—10 Gambling, betting, and (m) The prohibition against counter­ lotteries. necessary subsistence as is compatible feiting and forging transportation re­ with the regulations in this part for An employee shall not participate quests (18 U.S.C. 508). which no payment or reimbursement is while on Corporation-owned or leased (n) The prohibitions against: made by the Corporation. However, an property or while on duty for the Cor­ (1) Embezzlement of Government employee may not be reimbursed, and poration, in any gambling activity, in­ money or property (18 U.S.C. 641) ; payment may not be made on his behalf, cluding the operation of a gambling (2) Failing to account for public for excessive personal living expenses, device, conducting a lottery or pool, a money (18 U.S.C. 643) ; and gifts, entertainment or other personal game for money or property, or in selling (3) Embezzlement of the money or benefits; or purchasing a numbers slip or ticket. property of another person in the posses­ (2) Participating in the activities of However, this section does not preclude sion of an employee by reason of his em­ national or State political parties not activities regarding solicitations con­ ployment (18 U.S.C. 654). prohibited by law; ducted by SERAWC (Seaway Employees (o) The prohibition against unauthor­ (3) Participating in the affairs of or Recreation and Welfare Council) among ized use of documents, relating to claims acceptance of an award for a meritorious its members for organizational support from or by the Government (18 U.S.C. public contribution or achievement given or for benefit or welfare funds for its 285). by a charitable, religious, professional, members, this having been approved un­ (p) The prohibition against prohibited social, fraternal, nonprofit educational der section 3 of Executive Order 10927, political activities—The Hatch Act (5 and recreational, public service, or civic dated March 18, 1961. U.S.C. 118i) and 18 U-S.C. 602, 603, 607 organization. § 400.735—11 Coercion. and 608. § 400.735—6 Financial interests of em­ An employee shall not use his employ­ § 400.735—14 Use of Corporation affili­ ployees. ment by the Corporation to coerce, or ation by special Government em­ ployees. (a) An employee shall not: give the appearance of coercing, a per­ (1) Have a direct or indirect financial son to provide financial benefit to him­ A special Government employee of the interest that conflicts substantially, or self or another person, particularly one Corporation shall not use his Govern­ appears to conflict substantially, with his with whom he has family, business or ment employment for a purpose that is, assigned duties and responsibilities with­ financial ties. or gives the appearance of being, moti­ in the Corporation; or § 400.735—12 Conduct prejudicial to the vated by the desire for private gain for (2) Engage in, directly or indirectly, a ‘ Government. himself or another person, particularly one with whom he has family, business financial transaction as a result of, or An employee shall not engage in crimi­ primarily relying on, information ob­ nal, infamous, dishonest, immoral or or financial ties. tained through his employment by the notoriously disgraceful conduct, or other § 400.735—15 Use of inside information Corporation. conduct prejudicial to the Corporation by special Government employees. (b) This section does hot preclude an or the Government. employee from having a financial inter­ (a) A special Government employee est or engaging in financial transactions § 400.735—13 Miscellaneous statutory shall not use inside information obtained to the same extent as a private citizen provisions. as a result of his employment by the Cor­ not employed by the Government so long The attention of each employee is poration for private gain for himself or as it is not prohibited by law, Executive directed to the following statutory another person either by direct action on Order 11222, 5 CFR Part 735, or the provisions: his part or by counsel, recommendation, regulations in this part. (a) House Concurrent Resolution 175, or suggestion to another person, particu­ 85th Congress, 2d Session, the “ Code of larly one with whom he has family, busi­ § 400.735—7 Use of Government prop­ ness or financial ties. For the purpose erty. Ethics for Government Service.” (b) Chapter 11 of title 18, United of this section, “ inside information An employee shall not directly or in­ States Code, relating to bribery, graft, means information obtained under Gov­ directly use, or allow the use of, Corpora­ and conflicts of interest (18 U.S.C. 201 ernment authority which has not become tion property of any kind, including through 209). part of the body of public information. property leased to the Corporation, for (c) The prohibition against lobbying (b) Special Government employees other than officially approved activities. with appropriated funds (18 U.S.C. may teach, lecture, or write in a manner An employee has a positive duty to pro­ 1913). not inconsistent with § 400.735-5 (c) for tect and conserve Corporation property, (d) The prohibitions against disloyalty employees. including equipment, supplies, and other and striking (5 U.S.C. 118p, 118r). property entrusted or issued to him. 00.735-16 Receipt o f gifts, enter­ (e) The prohibition against the em­ tainment and favors by special Gov­ §400.735—8 Misuse of information by' ployment of a member of a Communist ernment employees. employees. organization (50 U.S.C. 784). ( f ) The prohibitions against: a ) A special Government employee, For the purpose of furthering a private ile employed by the Corporation or i interest, an employee shall not, except as (1) The disclosure of classified infor­ mation (18 U.S.C. 798, 50 U.S.C. 783); mection with his employment, sna provided in § 400.735-5 (c ), directly or in­ : receive or solicit from a person h directly use, or allow the use of, official and (2) The disclosure of confidential in­ ; business with the Corporation a y- information obtained through or in con-, ng of value as a gift, gratuity, loan, nection with his employment within the formation (18 U.S.C. 1905). (g) The provision relating to the ha­ tainment, or favor for himself or * Corporation which* has not been made ter person, particularly one with w available to the general public. bitual use of intoxicants to excess (5 U.S.C. 640). has family, business or financial h • § 400.735—9 Employee indebtedness. (h) The prohibition against the mis­ b) The exceptions as set fourn An employee shall pay each just finan­ use of a Government vehicle (5 U.S.C. 00.735-4(b) for employees w »PP y cial obligation in a proper and timely 78c). ;h equivalent force and effect to spe

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 RULES AND REGULATIONS 2781 cial Government employees with regard I f there are no changes or additions in a § 400.735—25 Submission o f statements to the prohibitions of paragraph (a) of quarter, a negative report is not required. by special Government employees. this section. However, for the purpose of annual re­ (a) A special Government employee of view, a supplementary statement, nega­ the Corporation shall submit a statement § 400.735—17 Applicability o f other pro­ tive or otherwise, is required as of visions to special Government em­ of employment and financial interests June 30 of each year. ployees. which reports : § 400.735—20 Interests o f employees’ (1) All other employment; and The provisions of § 400.735-7 (Use of relatives. (2) His financial interests which re­ Government property), §400.735-10 late either directly or indirectly to his (Gambling, betting, and lotteries), The interests of a spouse, minor child, duties and responsibilities as a special §400.735-11 (Coercion), § 400.735-12 or other member of an employee’s im­ Government employee. (Conduct prejudicial to the Govern­ mediate household is considered to be in (b) A special Government employee ment) , and § 400.735-13 (Miscellaneous interest of the employee. For the pur­ who is a consultant or expert shall sub­ statutory provisions) apply to special pose of this section, “member of an em­ mit a statement of employment and fi­ Government employees in the same man­ ployee’s immediate household” means nancial interests to the Administrative ner as to employees. those blood relations who are residents of the employee’s household. Officer, in the format prescribed by the § 400.735—18 Employees required to Administrative Office, at the time of his submit statements. § 400.735—21 Information not known employment, and shall keep his state­ (a) Statements of employment and by employees. ment current throughout his period of financial interests are required of the fol­ If any information required to be in­ employment by submission of supple­ lowing: cluded on a statement of employment mentary statements. (1) Employees occupying the follow­and financial interests on supplementary (c) The Administrator may waive the ing positions regardless of grade: statement, including holdings placed in requirement in paragraph (a) of this (1) The Assistant Administrator. trust, is not known to the employee but section for the submission of a statement (ii) The Special Assistant to the Ad­ is known to another person, the employee of employment and financial interests in ministrator. shall require that other person to submit the case of a special Government em­ (iii) The Superintendent of Opera­ information in his behalf. ployee who is not a consultant or an tions and Maintenance. expert when it has been determined that § 400.735—22 Information not required the duties of the position held by that (iv) The Counsel. o f employees. (v) The Administrative Officer. special Government employee are of a (2) All employees in grade GS-14 or An employee is not required to sub­ nature and at such a level of respon­ above of the General Schedule estab­ mit on a statement of employment and sibility that the submission of the state­ lished by the Classification Act of 1949, financial interests or supplementary ment by the incumbent is not necessary as amended, or in comparable positions statement any information relating to to protect the integrity of the Corpora­ not subject to that Act. the employee’s connection with, or inter­ tion. For the purpose of paragraphs (3) Ail employees in grade GS-11 or est in, a professional society or a chari­ (b) and (c) of this section, the words above of the General Schedule estab­ table, religious, social, fraternal, recre­ “ consultant” and “expert” do not lished by the Classification Act of 1949, ational, public service, civic, or political include: as amended, or in comparable positions organization or a similar organization (1) A physician, dentist, or allied not subject to that Act, ttye basic duties not conducted as a business enter­ medical specialist whose services are pro­ and responsibilities of which require the prise. For the purpose of this sec­ cured to provide care and service to incumbent to exercise judgment in mak­ tion, educational and other institutions patients; or ing or recommending a Corporation de­ doing research and development or re­ (2) ' A veterinarian whose services are cision or action in regard to contracting lated work involving grants of money procured to provide care and service to or procurement; or to regulating or from or contracts with the Government animals. auditing private or other non-Federal are deemed “business enterprises” and are required to be included in an em­ § 400.735—26 Review of financial state­ enterprise. ments. (b) An employee required to submit a ployee’s statement of employment and statement of employment and financial financial interests. (a) The Administrative Officer shall review each statement of employment interests shall submit that statement in § 400.735—23 Confidentiality o f state­ the format prescribed by the Adminis­ ments. and financial interests submitted under trative Office. these regulations to determine whether (c) An employee required to submit a Subject to the provisions of § 400.735- conflicts of interest or apparent conflicts statement of employment and financial 26 concerning review of employee state­ of interest exist. I f the review, or other interests under the regulations in this ments, each statement of employment information from other sources, indicates Part shall submit that statement in and financial interests, and each sup­ a conflict between the interests of an triplicate to the Administrative Officer plementary statement, shall be held in employee or special Government em­ not later than: confidence. The Administrative Officer ployee and the performance of his serv­ (1) Ninety days after the effective is personally responsible for retention of ices for the Corporation, the Adminis­ date of the regulations in this part if he employee statements and may not dis­ trative Officer shall forward the state­ oniployed on or before that effective close information from a statement ex­ ment together with a position description date; or cept as the Civil Service Commission or of the employee involved to the Counsel . (.2), Thirty days after he becomes sub­ the Administrator may determine for of the Corporation. ject to the reporting requirements by good cause shown. (b) The employee or special Govern­ ment employee whose statement has £cuPy*ng a position covered under para- § 400.735—24 Effect o f statements on graph (a) of this section, if he occupies other requirements. been referred under the provisions of ne position after that effective date. paragraph (a) of this section, will re­ The statements of employment and ceive, from Counsel, advice and guidance §400.735—19 Supplementary state­ ments. financial interests and supplementary regarding the matters questioned by the statements required of employees are in Administrative Officer. He will be af­ fnníía?ges or additions to, the in- addition to, and not in substitution for, forded an opportunity to explain the «¡tof atlon contained in an employee’s or in derogation of, any similar require­ conflict or appearance of conflict. It is info °* employment and financial ment imposed by law, order, or regula­ expected that most problems will be shall be reported in supple- tion. The submission of a statement or settled at this informal stage. How­ cpvi-k statements, in the format pre­ supplementary statement by an employee ever, if an agreement cannot be reached fix the Administrative Office, at does not permit him or any other person after counseling, the matter shall be re­ Ch® n<1 the quarter in which the to participate in a matter in which his ported by Counsel, after consultation Juno*/? occur* Quarters end March 31, or the other person’s participation is with the Administrative Officer, to the e d0> September 30, and December 31. prohibited by law, order, or regulation. Administrator for resolution.

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2782 RULES AND REGULATIONS

(c) The Administrator may provide of Officers and Employees” (Chapters (1) The defense of suits, alleging mal­ the employee or special Government em­ 004 and 009 respectively of the Corpora­ practice or negligence in furnishing med­ ployee concerned an additional oppor­ tion Manual). ical care and treatment, filed against tunity to explain the conflict or appear­ Dated: December 30, 1965. physicians, dentists, nurses, pharmacists, ance of conflict. I f the matter cannot or paramedical or other supporting per­ be resolved, the Administrator may in­ Saint Lawrence Seaway Development sonnel as a result of an act or omission voke the disciplinary provisions of Corporation. which occurred while acting within the § 400.735-3 or may decide that remedial [ s e a l ] J o s e ph H . M cC a n n , scope of their employment in or for the steps shall be taken with regard to such Administrator. Department of Medicine and Surgery. employee or special Government em­ (2) Section 4116 exemplifies the word ployee. [F.R. Doc. 66-1664; Filed, Feb. 15, 1966; “ paramedical” as including medical and (d) When questions of conflict of in­ 8:49 a.m.] dental technicians, nursing assistants, terest are resolved at one of the stages and therapists. of review, the reviewing official shall (3) The provisions of this new section sign and date a copy of the employee’s are effective May 1, 1966, except that statement to evidence clearance and this Title 38— PENSIONS, BONUSES, they are also applicable to acts or omis­ statement shall thereafter be kept as sions which occur prior to that date if no provided in § 400.735-23. AND VETERANS’ RELIEF suit or civil action has been commenced before such date with respect to such act § 400.735—27 Supplemental regulations. Chapter I— Veterans Administration or omission. The Administrative Office may pre­ PART 3— ADJUDICATION (b) Any individual to which this law is pare and, with the Administrator’s ap­ Subpart A— Pension, Compensation, applicable, against whom a civil action proval, may issue supplemental and im­ or proceeding is brought, alleging mal­ plementing regulations not inconsistent and Dependency and Indemnity practice or negligence during the scope with the regulations in this part. Compensation of his employment in or for the Depart­ ment of Medicine and Surgery, shall im­ § 400.735—28 Publication and interpre­ C o u r t D e c is io n s ; U nr em a r r ie d W id o w s tation. mediately notify his immediate superior 1. In Part 3, § 3.214 is added immedi­ and shall deliver, either directly or (a) The Administrative Officer of the ately preceding the cross references to through his immediate superior, all pro­ Corporation shall be responsible for read as follows: cess and pleadings served upon him, or making the regulations in this part and an attested true copy thereof, forthwith all revisions thereof, and the formats for § 3.214 Court decisions; unremarried widows. to the Chief Attorney having jurisdiction statements of employment and financial over the area in which the employee is interests available to: Effective July 15, 1958, a decision ren­ employed. In addition, upon his receipt (1) Each employee and special Gov­ dered by a Federal court in an action to of such process or pleadings, or any prior ernment employee at the time of issu­ which the United States was a party information regarding the commence­ ance and at least annually thereafter; holding that a widow of a veteran has ment of such civil action or proceeding, and not remarried will be followed in deter­ he shall, either directly or through his (2) Each new employee and special mining eligibility for pension, compen­ immediate supervisor, immediately so Government employee of the Corpora­ sation or dependency and indemnity advise the Chief Attorney by telephone tion at the time of his entrance on duty; compensation. or telegraph. The Chief Attorney shall (3) Each employee and special Gov­ 2. The cross references following the promptly, upon receipt of such process or ernment employee of the Corporation at new § 3.214 are revised to read as follows: pleadings, furnish the U.S. Attorney for such other times as circumstances war­ Cross R eferences : Abandoned claims. See the district embracing the place wherein rant; and § 3.158. the action or proceeding is brought, in­ (b) The Administrative Office shall Change in status of dependents. See formation concerning the commence­ have available for review by employees § 3.651. ment of such action or proceeding, and and special Government employees of Dependency, income and estate. See copies of all process and pleadings there­ § 3.660. the Corporation, copies of such laws, Ex­ in. Two copies of all process and plead­ ecutive orders, Civil Service Commission (72 Stat. 1114; 38 U.S.C. 210) ings along with information concerning regulations and instructions and Corpo­ the commencement of the action or pro­ ration regulations as may currently ap­ This VA Regulation is effective July 15,1958. ceeding shall be submitted immediately pertain to their standards of ethical and to the General Counsel who will in turn other conduct. Approved: February 9,1966. immediately submit one copy thereof to (c) The Counsel of the Corporation is +v.a nf tvio TVn-hs Section. Depart- designated to provide counseling and as­ [ s e a l ] W . J. D r iver , Administrator. ment of Justice. . sistance with respect to interpretations (c) The Chief Attorney shall submit a of the regulations in this part and mat­ [F.R. Doc. 66-1638; Filed, Feb. 15, 1966; report, containing all available da^a ters relating to ethical conduct, particu­ 8:47 a.m.] bearing upon the question of whether the larly matters subject to the provisions of employee was acting within the scope o the conflict of interest laws and on other his office or employment with the Federa matters covered by Executive Order PART 14— l e g a l s e r v ic e s , g e n e r a l Government at the time of the incide 11222 of May 8, 1965. These counseling COUNSEL out of which the suit arose, to the u.&- services are available to all employees Attorney, with two copies to the Genera and special Government employees of Defense of Certain Suits Arising Out of Counsel, at the earliest possible date, or the Corporation at the Counsel’s office Medical Care and Treatment in or within such time as shall be fixed by in the Administration Building by ap­ for Department of Medicine and U.S. Attorney upon request. The report pointment for consultation or by written should include factual information bear­ communication. Surgery ing upon the nature of the employe The regulations in this Part 400 were In Part 14, § 14.514b is added to read duties and all available facts and c approved by the Civil Service Commis­ as follows: cumstances surrounding the alleged sion on February 11, 1966, and shall be­ or omission, together with any o § 14.514b Defense o f certain suits aris­ come effective upon publication in the relevant information. The Chief ing out of medical care and treatment torney will render all practicable assis F ederal R eg ist e r . The regulations in in or for the Department o f Medicine ance requested by the U.S. Attorney, o this Part 400 supersede internal regula­ and Surgery. tions. of the Saint Lawrence Seaway De­ the General Counsel’s Office, with respect velopment Corporation relating to “ Con­ (a) Section 4116, title 38, United States to all aspects of the defense of the suit. duct of Employees” and “Conflict of Code, which was added by section 6 of Interest and Private Business Activities Public Law 89-311, provides for: (72 Stat. 1114; 38 U.S.O. 210)

FEDERAL REGISTER, V O L 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 RULES AND REGULATIONS 2783

This VA regulation is effective May 1, December 1,1965. On December 9, 1965, 1966. there was published in the F ederal R eg­ Approved: February 9,1966. ister, page 15221, a notice extending the effective date for the condition of costing By direction of the Administrator. factor until February 7, 1966, to give the [ seal] A. H. M o n k , breaded Shrimp industry an opportunity Acting Deputy Administrator. to submit data supporting their posi­ tion for modification of the condition of [F.R. Doc. 66-1639; Filed, Feb. 15, 1966; coating factor. 8:47 a.m.] As a result of a review of the data presented by the. breaded shrimp indus­ try, a further extension of the effective Title 50— WILDLIFE AND date for the condition of coating factor is given to allow additional studies to be FISHERIES conducted. Accordingly this factor shall become effective at the beginning of the Chapter II— Bureau of Commercial 60th calendar day after February 7, 1966. Fisheries, Fish and Wildlife Service, Breaded shrimp inspected and graded Department of the Interior in accordance with the revised Part 262 as published in the August 3, 1965, F ed­ SUBCHAPTER G— PROCESSED FISHERY PRODUCTS, eral R egister (30 F.R. 9644) between PROCESSED PRODUCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS February 7, 1966, and April 8, 1966, shall meet the requirements for condition of PART 262— U.S. STANDARDS FOR coating as provided in Part 262—U.S. GRADES OF FROZEN RAW BREADED Grade Standards for Raw Breaded SHRIMP Shrimp and published in the F ederal R egister (25 F.R. 8444) dated September On Tuesday, August 3, 1965, there was 1, 1960, as amended by interim regula­ published in the F ederal R egister, pages tions published on page 7444 of the F ed­ 9644-9647, inclusive, Part 262—U.S. eral R egister dated June 5, 1965. Standards for Grades of Frozen Raw Breaded Shrimp. H arold E. C row ther, This part became effective September Acting Director. 2, 1965, except that the requirements for F ebruary 10,1966. uniformity, degree of dehydration and [F.R. Doc. 66-1633; Filed, Feb. 15, 1966; condition of coating became effective 8:46 a.m.J

No. 32-___ 5 FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2784

Proposed Rule Making

district director shall give consideration and fourth sentences: “A petition shall FEDERAL POWER COMMISSION but shall not be limited to evidence of not'be required for an appearance, inter­ the following factors: Whether the alien view, or demonstration, without remun­ [ 18 CFR Parts 2, 14 1 has performed and will perform as a eration, by any nonimmigrant alien who [Docket No. R-297] star or featured entertainer, as evi­ is not an entertainer by occupation.” , denced by playbills, critical reviews, ad­ (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) HYDROELECTRIC PROJECT LICENSES vertisements, publicity releases,, aver­ Calculation of “Net Investment”; ments by the petitioner, and contracts; Dated: February 10,1966. the acclaim which the entertainer has Correction R a y m o n d F . F arrell, achieved, as evidenced by reviews in Commissioner of In the notice of proposed rule making, newspapers, trade journals, and maga­ Immigration and Naturalization. issued January 20, 1966, and published zines; the reputation of theaters, con­ in the F ederal R e g ister January 27,1966 cert halls, night clubs, and other estab­ [F.R. Doc. 66-1641; Filed, Feb. 15, 1966; (F.R. Doc. 66-913, 31 F.R. 1079) , correct lishments in which the entertainer has 8:47 a.m.] the word “limited" to read “licensed” in appeared and will appear; the reputation § 2.8 in paragraph 13. of repertory companies, ballet groups, In paragraph (B) correct the word orchestras, or other productions in which “Reports" to read “Report” in § 14.1 of he has performed; the extent and num­ DEPARTMENT OF THE INTERIOR Part 14. ber of commercial successes of his per­ Fish and Wildlife Service G o r d o n M . G r a n t , formances, as evidenced by such indicia Acting Secretary. as box office grosses and record sales re­ [ 50 CFR Part 32 1 ported in trade journals and other pub­ [F.R. Doc. 66-1617; Filed, Feb. 15, 1966; NECEDAH NATIONAL WILDLIFE 8:45 a.m.] lications; the salary and other remun­ eration he has commanded and now REFUGE, WIS. commands for his performances, as evi­ denced by contracts; whether the alien Hunting DEPARTMENT OF JUSTICE has been the recipient of national, inter­ Notice is hereby given that pursuant national. or other significant awards for to the authority vested in the Secretary Immigration and Naturalization his performances; the opinions of unions, of the Interior by the Migratory Bird Service other organizations, and recognized crit­ Conservation Act of February 18, 1929, ics or other experts in the field in which as amended (45 Stat. 1222; 16 U.S.C. [ 8 CFR Part 214 1 the alien is engaged; whether previous 715), and the Migratory Bird Hunting NONIMMIGRANT CLASSES petitions filed in behalf of the alien seek­ Stamp Act of 1934, as amended (48 Stat. ing his services in a similar capacity have 451; 16 U.S.C. 718d), it is proposed to Special Requirements for Admission, been properly approved by the Service, amend 50 CFR 32.21 by the addition of Extension, and Maintenance of and if so, whether there have been any Necedah Natipnal Wildlife Refuge, Wis., Status changes in circumstances affecting the to the list of wildlife refuges open to the alien's classifiability as a person of dis­ hunting of upland game. Pursuant to section 4 of the Adminis­ tinguished merit and ability. When ad­ It has been determined that the regu­ trative Procedure Act (60 Stat. 238; 5 judicating a petition to accord classifica­ lated hunting of upland game may be U.S.C. 1003), notice is hereby given of tion under section 101(a) (15) (H ) (i) of permitted on the Necedah National the proposed issuance of the following the Act to an alien entertainer, the dis­ Wildlife Refuge without detriment to rules pertaining to petitions for aliens of trict director may consult unions, other the objectives for which the area was distinguished merit and ability who are organization, and recognized critics and established. entertainers. In accordance with sub­ other experts in the relating entertain­ It is the policy of the Department of section (b) of said section 4, interested ment field. Such consultation shall be the Interior, whenever practicable, to persons may submit to the Commissioner for the purpose of obtaining the advisory afford the public an opportunity to par­ of Immigration and Naturalization, opinion of the organization or person ticipate in the rulemaking process. Ac­ Room 757,119 D Street NE., Washington, consulted with regard to the qualifica­ cordingly, interested persons may submit D.C., 20536, written data, views, or argu­ tions of the alien and the nature of the written comments, suggestions, or objec­ ments relative to these proposed rules. services to be performed by the alien. tions, with respect to this proposed Such representations may not be pre­ The advisory opinion shall be submitted amendment, to the Director, Bureau of sented orally in any manner. All rele­ in writing, and shall include a detailed Sport Fisheries and Wildlife, Washing­ vant material received within 20 days recitation of the facts and data consid­ ton, D.C,. 20240, within 20 days of the following the day of publication of this ered in rendering the opinion, except date of publication of this notice in the notice will be considered. that it shall be furnished orally, subject F ederal R e g ist e r . Subdivision (i) Petition for alien of to later confirmation in writing, when 1. Section 32.21 is amended by the ad­ distinguished merit and ability of sub- requested in a case deemed by the dis­ dition of the following area as one where paragraph (2) Supporting evidence at trict director to be of an emergent nature; hunting of upland game is authorized. paragraph (h) Temporary employees of signed by a responsible official of any § 214.2 Special requirements for admis­ union or other organization consulted, § 32.21 List o f open areas ; upland game. sion, extension, and maintenance of and submitted to the district director on ***** status is amended by adding the follow­ or before the date fixed by him, which W i s c o n s i n ing at the end thereof: “In determining shall not exceed 15 days from the date on NECEDAH NATIONAL WILDLIFE REFUGE whether an alien entertainer may be which the opinion was requested.” considered to be of distinguished merit Subparagraph (4) Special classes of S t e w a r t L. U dall, and ability or whether the services to paragraph (h) Temporary employees of Secretary of the Interior. be performed are of an exceptional na­ §214.2 Special requirements for admis­ ture requiring a person of distinguished sion, extension, and maintenance of F e b r u a r y 14, 1966. merit and ability within the meaning of status is amended by adding the follow- [F.R. Doc. 66-1692; Filed, Feb. 15, 1966; section 101(a) (15) (H ) (i) of the Act, the in sentence between the existing third 8:49 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2785

Notices

This order supersedes Delegation Or­ Serial Number Oregon 017510 (Wash.), DEPARTMENT OF STATE der No. 88 (Rev. 1), issued December 30, for the withdrawal of about 850 acres of 1965, and Delegation Order No. 54, is­ public lands in the townships described Agency for International Development sued October 22,1957. below from location and entry under the [Delegation of Authority No. 39; Arndt.] Effective date. February 11,1966. mining laws (Ch. 2, 30 U.S.C.). The applicant desires to use the land ASSISTANT ADMINISTRATOR FOR DE­ S heldon S. C o h e n , for recreational areas and an adminis­ VELOPMENT FINANCE AND PRI­ Commissioner. trative site. VATE ENTERPRISE ET AL. [F.R. Doc. 66-1646; Filed, Feb. 15, 1966; For a period of 30 days from the date 8:47 a jn .] of publication of this notice, all persons Amendment of Delegation of Author­ who wish to submit comments, sugges­ ity Relating to Investment Guaran­ [Order No. 23 (Rev. 4) ] tions, or objections in connection with tees ASSISTANT COMMISSIONER (ADMIN­ the proposed withdrawal may present Pursuant to the authority delegated to ISTRATION) ET AL. their views in writing to the undersigned me by Delegation of Authority No. 104, officer of the Bureau of Land Manage­ as amended, from the Secretary of State, Delegation of Authority ment, Department of the Interior, 710 Northeast Holladay, Portland, Oreg., dated November 3, 1961 (26 F.R. 10608), F ebruary 11,1966. 97232. I hereby amend the text of paragraph 6 1. Pursuant to Treasury Department of A.I.D. Delegation of Authority No. 39, The authorized officer of the Bureau Order No. 145 (Rev. 2), dated October of Land Management will undertake from the Administrator of A.I.D., dated 28, 1959, and Treasury Department Or­ April 13, 1964 (29 F.R. 5355), to read as such investigations as are necessary to der No. 177-22 (Rev. 1), dated October determine the existing and potential de­ follows: 18, 1965, there is hereby delegated to 6. The authorities delegated herein mand for the lands and their resources. the Assistant Commissioner (Adminis­ He will also undertake negotiations with may be redelegated and shall be exer­ tration), the Director, Facilities Man­ cised in accordance with agency policies, the applicant agency with the view of agement Division, the Chief, Emergency adjusting the application to reduce the regulations, and procedures. The au­ Planning Branch, and the Safety Man­ thorities delegated herein to the Assist­ area to the minimum essential to meet agement Officer in the Emergency Plan­ the applicant’s needs, to provide for the ant Administrator for Latin America ning Branch: may be successively redelegated. maximum concurrent utilization of the (a) The authority, under 28 U.S.C. lands for purposes other than the appli­ This amendment shall be deemed ef­ 2672 to consider, ascertain, adjust, deter­ fective as of April 13,1964. cant’s to eliminate lands needed for pur­ mine, settle and pay claims for money poses more essential than the appli­ Dated: February 2,1966. damages of $2,500 or less, for injury, loss, cant’s, and to reach agreement on the or death, caused by the negligent or D avid E. B e ll , concurrent management of the lands and Administrator. wrongful act or omission of any employee their resources. of the Internal Revenue Service ; He will also prepare a report for con­ [F.R. Doc. 66-1656; Piled, Feb. 15, 1966; (b) The authority to consider, ascer­ 8:48 a.m.] sideration by the Secretary of the In­ tain, adjust and determine claims under terior, who will determine whether or not the Act of December 28, 1922, 42 Stat. the lands will be withdrawn as requested 1066; by the Forest Service. . DEPARTMENT OF THE TREASURY (c) The authority under the Military The determination of the Secretary on Personnel and Civilian Employees’ the application will be published in the Internal Revenue Service Claims Act of 1964, as amended, to set­ F ederal R egister. A separate notice will [Order No. 88 (Rev. 2) ] tle and pay claims made by an employee be sent to each interested party of of the Internal Revenue Service, for district d ir e c t o r s o f in t e r n a l record. damage to or loss of personal property REVENUE I f circumstances warrant it, a public incident to his service. hearing will be held at a convenient time 2. This authority may not be redele­ Issuance of Notices of Revocation and and place, which will be announced. Reestablishment of Exemption gated. 3. This Order supersedes Delegation The lands involved in the application F ebruary 11,1966. Order No. 23 (Rev. 3) issued April 15, are: Pursuant to the provisions of 26 CFR 1963. W a s h i n g t o n —W i l l a m e t t e M e r id ia n l.503(a)-l, the authority to determine Effective date. February 11,1966. that an organization has engaged in a WENATCHEE NATIONAL FOREST Prohibited transaction and to notify the [ seal] S heldon S. C o h e n , Crystal Springs Campground Commissioner. organization of the revocation of exemp­ T. 21 N., R. 12 E., tion is delegated to District Directors of [F.R. Doc. 66-1645; Filed, Feb. 15, 1966; In sec. 14. hiternal Revenue. 8:47 a.m.] »■W et Directors are also delegated Owhi Campground the authority to determine that such an T. 22 N., R. 13 E., organization will not knowingly again DEPARTMENT OF THE INTERIOR In sec. 2. *n a Prohibited transaction and Johnny Creek Campground nat the organization also satisfies all Bureau of Land Management T. 24 N., R. 16 E., ?”~®r requirements under section 501 [Oregon 017510 (Wash.) I p (3) or section 401(a) of the Internal In sec. 2.' «evenue Code of 1954, and to notify WASHINGTON Eight Mile Campground ucn organization of the reestablishment Notice of Proposed Withdrawal and T. 24 N., R. 17 E., 1503(d)Xemption pursuant to 26 C F R Reservation of Land In sec. 30. Authority delegated in this order may F ebruary 2,1966. Wenatchee River Campground The Forest Service, U.S. Department T. 27 N., R. 17 E., iMvisio e8a*e<* ° nly *° Au(ht of Agriculture, has filed an application, In sec. 27.

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2786 NOTICES

Nason Creek Campground have under the conditions of use pre­ T. 27 N., R. 17 E., DEPARTMENT OF HEALTH, EDU­ scribed, reconpnended, or suggested in In sec. 33. the labeling thereof; namely, that it is Company Creek Campground CATION, AND WELFARE as an anticonvulsant which alone, or par­ T. 33 N., R. 17 E., ticularly as an adjunct, controls seizures In sec. 22. Food and Drug Administration in most forms of epilepsy. Recent re­ ports in the literature and clinical expe­ Tronsen Campground NEW DRUGS rience of experts, together with informa­ T. 21 N., R. 18 E„ Notice of Approval of Applications tion available in the application, show In sec. 3. that there is a lack of substantial evi­ Bonanza Campground Correction dence on the basis of which it could fairly T. 22 N*., R. 18 E., In P.R. Doc. 66-1355 appearing at page and responsibly be concluded that the In secs 20 and 21. 2561 in the issue for Wednesday, Febru­ drug will have the effect it purports or Lake Creek Campground ary 9, 1966, the following corrections are is represented to have. T. 28 N., R. 18 E., made in the table. The eighth entry in 3. The new-drug application contains In secs. 12 and 13. the second column, now reading “Velbam untrue statements of material fact in Halfway Spring Campground (intravenous injection).” , should read that: “Velban (intravenous injection).” The a. It contains representations that full T. 29 N., R. 19 E., final entry in the third column, now reports of all investigations made to show In sec. 31. reading “Parasympathomimetric (cho­ whether or not the drug is safe for use South Navarre Campground linesterase inactivator).” , should read are included in such application, but the T. 30 N., R. 20 E., “Parasympathomimetic (cholinesterase application omitted without explanation In sec. 9. inactivator).” The two Date approved information pertinent to an evaulation SNOQUALMIE NATIONAL FOREST entries in the fifth column now dittoed of the safety of the drug and such omis­ Naches Ranger Station Administrative Site should read “November 18, 1965.” sion biased an evaluation of the safety Addition (formerly known as Currants Plat of the drug. Specifically, the original Station). [Docket No. FDC-D-90; NDA No. 12-169] new-drug application, submitted on Oc­ T. 16 N., R. 14 E., CIBA PHARMACEUTICAL CO. tober 7,1959, and amended on November In sec. 1. 30, 1959, omitted any information on a The areas described aggregate 849.44 Elipten Tablets; Notice of Opportunity 1-year rat chronic toxicity study started acres, approximately. for Hearing by CIBA on October 21,1958, and termi­ nated on November 6, 1959. Gross au­ D . B . L e ig h t n e r , Notice is hereby given to CIBA Phar­ topsy data, available to the firm on No­ Acting Land Office Manager. maceutical Co., Summit, N.J., 07901, and vember 6, 1959, showed the surviving any interested person who may be ad­ [P.R. Doc. 66-1634; Piled, Feb. 15, 1966; high-dose female rats to have greatly en­ 8:46 a.m.] versely affected, that the Commissioner larged thyroids, enlarged and mottled of Pood and Drugs proposes to issue an ovaries, mottled adrenals, and atrophied order, under the provisions of section uterii. The high-dose male rats showed 505(e) of the Federal Food, Drug, and adrenal glands to be atrophied and mot­ DEPARTMENT OF COMMERCE Cosmetic Act (21 U.S.C. 355(e)), with­ tled. The lower-dose female rats showed Maritime Administration drawing approval of new-drug applica­ spotted adrenals with atrophy in some tion No. 12-169 and all amendments and [Amdt. 3] cases as well as atrophy of the uterii in supplements thereto held by CIBA Phar­ some cases. This study is material in CHIEF, OFFICE OF GOVERNMENT maceutical Co. for the drug, “ Elipten that it demonstrated the Elipten had a AID (amino - glutethimide),” 125 - milligram potential for causing serious adverse en­ and 250-milligram tablets, on the docrine effects. The omission of this Delegation of Authority grounds that: study biased an evaluation of the safety Effective as of the date hereof, thé 1. New evidence of clinical experience, of the drug, and had the study been in­ Redelegation of Authority from the not contained in such application or not cluded in the new-drug application, it Maritime Administrator to the Chief, available to the Commissioner until after would have constituted sufficient ground Office of Government Aid, contained in such application was permitted to be­ at that time to refuse to permit the appli­ P.R. Doc. 63-3241 (28 P.R. 3059, Mar. come effective, evaluated together with cation to become conditionally effective 28, 1963), is hereby amended as follows: the evidence available to the Commis­ on December 4, 1959. 1. Amend section 2.04 to read as set sioner when the application was per­ b. CIBA in a letter to the Food and forth below : mitted to become effective, show that Drug Administration on December 11, 2.04 Authority to approve, after such drug is not shown to be safe for use 1959, concerning its Elipten new-drug award of an Operating-Differential Sub­ under the conditions of use upon the application represented that “ * * * sidy Agreement, the granting of waivers, basis of which the application was per­ chronic studies in rats at considerable permissions, consents, or exemptions to mitted to become effective. Recent clini­ higher doses than submitted are in prog­ subsidized operators, pursuant to sec­ cal experience shows that the use of the ress and should be completed soon. * * tions 803, 804, and 805 of the Merchant drug is associated with masculinzatioh, This statement is a false statement of Marine Act, 1936, as amended. (This sexual precocity, hypothyroidism, and material fact since CIBA had already goiter. The significance of this new is exclusive of any actions under sections terminated by November 6, 1959, the 805(a) and 805(f) reserved to the Mari­ clinical experience is emphasized by re­ cently reported tests that demonstrate 1-year rat chronic toxicity study it had time Subsidy Board.) been running and had already obtained 2. Add a new authority as section 2.22 the antithyroidal action of Elipten in gross autopsy data from that study which following section 2.21 to read as follows: rats with uptake o f iodine diminished 2.22 Authority to perform all of the and an intrathyroidal block in the for­ showed that Elipten had a potential for functions and duties of the Contracting mation of iodinated compounds and an causing serious adverse endocrine effects, Officer as provided in trade-in contracts accumulation of thyroidal inorganic and information concerning that study authorized by the Maritime Administra­ iodide. was omitted from its new-drug applica- tor pursuant to section 510 of the Mer­ 2. New information before the Com­ chant Marine Act, 1936, as amended. missioner with respect to such drug, eval­ c. On March 10, 1961, C IBA submitted uated together with the evidence avail­ additional reports of pharmacologica Dated: February 7, 1966. able to the Commissioner when the studies in monkeys to show the safety o N ic h o l a s Jo h n s o n , application was permitted to become ef­ Maritime Administrator. fective, show that there is a lack of sub­ the drug. The Food and Drug A d m in is­ [P.R. Doc. 66-1632; Piled, Peb. 15, 1966; stantial evidence that the drug will have tration considered this submission as a 8:46 a.m.] the effect it purports or is represented to supplemental new-drug application a

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 NOTICES 2787

requested the firm to send in a signed to the public, unless the respondent Dated at Washington, D.C., this 24th supplemental application form. This specifies otherwise in his appearance. day of January 1966. form certifying that the application con­ I f such persons elect to avail them­ For the Atomic Energy Commission. tains full information of all investiga­ selves of the opportunity for a hearing tions made to show whether or not the by filing a timely written appearance of W. B. M cC o o l , drug is safe for use was submitted by election, a hearing examiner will be Secretary. CIBA on May 8, 1961, although the 1- named by the Commissioner and he shall P roposed Agreement Between the Ü.S. year rat chronic toxicity study termi­ issue a written notice of the time and Atomic Energy Commission and the State nated by CIBA on November 6,1959, was place for the hearing. op New Hampshire for Discontinuance op omitted from the application without ex­ This notice is issued under the au­ Certain Commission Regulatory Author­ it y and Responsibility Wit h in the State planation. thority contained in the Federal Food, Drug, and Cosmetic Act (secs. 505, 701 Pursuant to Section 274 op the Atomic 4. The applicant has deliberately failed Energy Act op 1954, as A mended to make full reports of clinical or other (a ), 52 Stat. 1052, as amended, 1055; 21 experience on Elipten required by sec­ U.S.C. 355, 371(a)), and delegated to the Whereas, the U.S. Atomic Energy Commis­ sion (hereinafter referred to as the Commis­ tion 505 (j) of the Federal Food, Drug, Commissioner by the Secretary of Health, Education, and Welfare (21 sion) is authorized under section 274 of the and Cosmetic Act (21 U.S.C. 355(j)) and Atomic Energy Act of 1954, as amended § 130.35(b) of the new-drug regulations CFR 2.90). (hereinafter referred to as the A ct), to enter (21 CFR 130.35(b)). On September 23, Dated: February 14, 1966, into agreements with the Governor of any 1964, the applicant pursuant to the re­ State providing for discontinuance of the quirements of § 130.35(b) submitted its J a m e s L. G oddard, regulatory authority of the Commission report to the Food and Drug Administra­ Commissioner of Food and Drugs. within the State under Chapters 6, 7, and 8 and section 161 of the Act with respect to tion but deliberately omitted from such [F.R. Doc. 66-1696; Filed, Feb. 15, 1966; byproduct materials, source materials, and report the 1-year rat chronic toxicity 8:49 a.m.] special nuclear materials in quantities not study it had terminated on November 6, sufficient to form a critical mass; and 1959, and also deliberately omited various Whereas, the Governor and Council of the clinical reports of side effects not fully State of New Hampshire is authorized under disclosed in the labeling and not previ­ ATOMIC ENERGY COMMISSION Chapter 229, New Hampshire Laws of 1963, ously submitted for inclusion in the new- to enter into this Agreement with the Com­ drug application, including reports of mission; and STATE OF NEW HAMPSHIRE Whereas, the Governor of the State of New masculinization and sexual precocity oc­ Proposed Agreement for Assumption Hampshire certified o n ______that the curring in children on Elipten therapy. State of New Hampshire (hereinafter re­ In accordance with the provisions of of Certain AEC Regulatory Authority ferred to as the State) has a program for the section 505 of the Federal Food, Drug, Notice is hereby given that the U.S. control of radiation hazards adequate to pro­ and Cosmetic Act (21 U.S.C. 355) and the Atomic Energy Commission is publishing tect the public health and safety with respect regulations appearing in Title 21, Code for public comment, prior to action there­ to the materials within the State covered by of Federal Regulations, Part 130, the this Agreement, and that the State desires to on, a proposed agreement received from assume regulatory responsibility for such Commissioner will give the applicant, the Governor of the State of New Hamp­ materials; and and any interested person who would be shire for the assumption of certain of the Whereas, the Commission found o n _____ adversely affected by an order withdraw­ Commission’s regulatory authority pur­ ______that the program of the State for ing such approval, an opportunity for a suant to section 274 of the Atomic Energy the regulation of the materials covered by hearing at which time such persons may Act of 1954, as amended. this Agreement is compatible with the Com­ produce evidence and arguments to show A resume, prepared by the State of New mission’s program for the regulation of such why approval of new-drug application Hampshire and summarizing the State’s materials and is adequate to proteèt the pub­ lic health and safety; and No. 12-169 should not be withdrawn. proposed program, was also submitted to Whereas, the State and the Commission Within 30 days from the date of pub­ the Commission and is set forth below as recognize the desirability and importance of lication of this notice in the F ederal an appendix to this notice. Attachments cooperation between the Commission and Register, such persons are required to referenced .in the appendix are included the State in the formulation of standards file with the Hearing Clerk of the De­ in the complete text of the program. A for protection against hazards of radiation partment of Health, Education, and Wel­ copy of the program, including proposed and in assuring that State and Commission fare, Office of the General Counsel, Food New Hampshire regulations, is available programs for protection against hazards of and Drug Division, Room 5440, North radiation will be coordinated and compati­ for public inspection in the Commission’s ble; and Building, Department of Health, Educa­ Public Document Room, 1717 H Street Whereas, the Commission and the State tion, and Welfare, 3d and Independence NW., Washington, D.C., or may be ob­ recognize the desirability of reciprocal rec­ Avenue SW., Washington, D.C., 20201, a tained by writing to the Director, Divi­ ognition of licenses and exemption from li­ written appearance electing whether: sion of State and Licensee Relations, censing of those materials subject to this 1. To avail themselves of the oppor­ U.S. Atomic Energy Commission, Wash­ Agreement, and tunity for a hearing; or ington, D.C., 20545. All interested per­ Whereas, this Agreement is entered into 2. Not to avail themselves of the op­ sons desiring to submit comments and pursuant to the provisions of the Atomic portunity for a hearing. Energy Act of 1954, as amended; suggestions for the consideration of the Now therefore, it is hereby agreed between If such persons elect not to avail them­ Commission in connection with the pro­ the Commission and the Governor of the selves of the opportunity for a hearing, posed agreement should send them, in State, acting in behalf of the State, as fol­ the Commissioner without further notice triplicate, to the Secretary, U.S. Atomic lows: will enter a final order withdrawing the Energy Commission, Washington, D.C., A rticle I. Subject to the exceptions pro­ approval of the new-drug application. 20545, within 30 days after initial publi­ vided in Articles II, III, and IV, the Commis­ sion shall discontinue, as of the effective date Failure of such persons to file such a cation in the F ederal R eg ist e r . written appearance of election within 30 of this Agreement, the regulatory authority Exemptions from the Commission’s of the Commission in the State under Chap­ toys following the date of publication of regulatory authority which would imple­ ters 6, 7, and 8, and section 161 of the Act this notice in the F ederal R eg ister will ment this proposed agreement, as well as with respect to the following materials: Pe construed as an election by such per­ other agreements which may be entered A. Byproduct materials; sons not to avail themselves of the op- into under section 274 of the Atomic En­ B. Source materials; and ^itimity for a hearing. ergy Act, as amended, were published as C. Special nuclear materials in quantities ¡Te hearing contemplated by this Part 150 of the Commission’s regulations not sufficient to form a critical mass. A rt. II. This Agreement does not provide notice will be open to the public, except in F ederal R eg ister issuance of Febru­ for discontinuance of any authority and the nat any portion of the hearing that con- ary 14, 1962; 27 F.R. 1351. In reviewing Commission shall retain authority and re­ erns a method or process which the this proposed agreement, interested per­ sponsibility with respect to regulation of: ommissioner finds is entitled to protec- sons should also consider the afore­ A. The construction and operation of any tion as a trade secret will not be open mentioned exemptions. production or utilization facility;

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2788 NOTICES

B. The export from or import into the For the United States Atomic Energy RSA 125 further authorizes the Governor United States of byproduct, source, or special Commission. and Council, on behalf of the State, to enter nuclear material, or of any production or Glenn T. Seaborg, into an agreement with the U.S. Atomic utilization facility; Chairman. Energy Commission providing for the dis­ C. The disposal into the ocean or sea of For the State of New Hampshire. continuance of certain licensing responsibil­ byproduct, source, or special nuclear waste ities of the Federal Government with respect materials as defined in regulations or orders John W. K ing, to sources of ionizing radiation and the as­ of the Commission; Governor. sumption thereof by the State. D. The disposal of such other byproduct, W illiam A. Styles, History. The New Hampshire State De­ source, or special nuclear material as the A ustin F. Qu in n e y , partment of Health and Welfare became in­ Commission from time to time determines Em ile Simard, volved with radiological health in 1938 when by regulation or order should, because of the R obert L. Mallat, Jr., the Division of Industrial Hygiene was es­ hazards or potential hazards thereof, not be James H. Hayes, tablished. The Department’s activities in so disposed of without a license from the Executive Council. this field were limited Initially to the indus­ Commission. trial uses of X-ray and radium for the most New Hampshire Radiation Protection and A rt. III. Notwithstanding this Agreement, part, with some work being done in hos­ R adiation Control Program the Commission may from time to time by pitals and in physicians’ and dentists’ offices rule, regulation, or order, require that the policies and procedures for the control of on request. manufacturer, processor or producer of any IO N IZIN G RADIATION Emphasis on radiation safety became equipment, device, commodity or other prod­ greater with the advent of the atomic energy Foreword uct containing source, byproduct, or special program and the availability of radioisotopes nuclear material shall not transfer possession The following narrative sets forth a brief in the late 1940’s; and in 1950 one of the or control of such product except pursuant description of the history, practices, capa­ Division engineers attended a 6-week course to a license or an exemption from licensing bilities, and proposed activities of the New in radiation safety at the Brookhaven Na­ issued by the Commission. Hampshire State Radiation Control Agency tional Laboratory. The Division staff also A rt. IV. This Agreement shall not affect (hereafter referred to as “the Agency”) of took advantage of the training programs in the authority of the Commission under sub­ the New Hampshire State Department of radiological health and safety sponsored by section 161 b. or i. of the Act to issue rules, Health and Welfare, Division of Public Health the U.S. Department of Health, Education, regulations, or orders to protect the common- Services, as they relate to the assumption of and Welfare at Cincinnati, Ohio. defense and security, to protect restricted certain regulatory functions of the U.S. Division personnel were employed on a data or to guard against the loss or diversion Atomic Energy Commission and to the con­ part-time basis in the Radiological Defense of special nuclear material. trol of all sources of ionizing radiation, in­ Program of the New Hampshire Civil Defense A rt. V. The Commission will use its best cluding riSturally occurring isotopes and Agency in the early 1950’s and were author­ efforts to cobperate with the State and other radiation producing machines. ized to acquire and use Cobalt 60 sources agreement States in the formulation of The U.S. Atomic Energy Commission is in the training of radiological monitors with­ standards and regulatory programs of the authorized by section 274 of the Atomic in State departments in 1953. Two of these State and the Commission for protection Energy Act of 1954, as amended, to enter into personnel attended an instructor’s school against hazards of radiation and to assure an agreement with the Governor of a State sponsored by the Federal Civil Defense Ad­ that State and Commission programs for to transfer to the State certain functions ministration and one engineer was tempo­ protection against hazards of radiation will of licensing and regulatory control of by­ rarily attached to the Civil Effects Test be coordinated and compatible. The State product, source, and special nuclear ma­ Group of the AEC’s Operation Plumbob at will use its best efforts to cooperate with the terial in quantities not sufficient to form a Mercury, Nev., in 1957. These personnel have Commission and other agreement States in critical mass. The transfer of responsibility the formulation of standards and regulatory since participated on a part-time basis in a with respect to these sources of ionizing formal training program for community programs of the State and the Commission radiation is made upon the determination radiological monitoring teams and have been for protection against hazards of radiation by the Atomic Energy Commission that the licensed by the AEC for the use of a 5-curie and to assure that the State’s program will State has the competency to administer li­ Cobalt 60 source and a 120-curie Cesium 137 continue to be compatible with the program censing and regulatory authority of such of the Commission for the regulation of like source, for instrument calibration purposes. sources. When the AEC’s licensing program was materials. The State and the Commission The New Hampshire regulatory program will use their best efforts to keep each other established in 1957, Division personnel began for the control of sources of ionizing radia­ accompanying the Commission’s inspectors informed of proposed changes in their re­ tion will be conducted in such a manner as spective rules and regulations and licensing, on joint inspections of licensed users of to effectively protect the public health and inspection and enforcement policies and radioisotopes in both the industrial and safety, and to further the economic growth criteria, and to obtain the comments and medical fields. At about this time inspec­ of the State through the encouragement of assistance of the other party thereon. tions and surveys of the medical uses of X- the constructive and safe and proper uses ray were intensified and in 1959 a survey of A rt. VI. The Commission and the State of radiation. The program will be main­ agree that.it is desirable to provide for re­ all dental office personnel in the State was tained so as to ensure compatibility with the ciprocal recognition of licenses for the ma­ conducted at the request of the New Hamp­ regulatory program of the U.S. Atomic terials listed in Article I licensed by the other shire Dental Society. Energy Commission and with the programs party or by any agreement State. Accord­ Training in health physics has been fur­ of other agreement States insofar as possible. ingly, the Commission and the State agree thered by the attendance of two of the Divi­ Authority. The New Hampshire General to use their best efforts to develop appro­ sion personnel, a chemist and an engineer, Court, in 1963, enacted enabling legislation priate rules, regulations, and procedures by at a 10-week course at the Oak Ridge Insti­ (RSA125, Chapter 229) designating the New which such reciprocity will be accorded. tute of Nuclear Studies in 1964 and training Hampshire Department of Health and Wel­ A rt. VII. The Commission, upon its own in the AEC’s licensing procedures was accom- fare, Division of Public Health Services, as initiative after reasonable notice and oppor­ plished through a 2-week course at the AEC the New Hampshire State Radiation Control tunity for hearing to the State, or upon re­ offices in Bethesda, Md. Agency, with the authority to promulgate, quest of the Governor of the State, may The recommendations of the National Bu­ amend, and repeal codes and rules and reg­ terminate or suspend this agreement and re­ reau of Standards with regard to radiation ulations, subject to public hearing; to re­ assert the licensing and regulatory authority shielding and limits of radiation exposure for quire the registration of sources of radiation vested in it under the Act if the Commis­ humans have been adhered to until the pres­ as may be necessary to prohibit and prevent sion finds that such termination or suspen­ ent time and primary emphasis has been unnecessary radiation exposure; to enter at placed on radiation sources not regulated or sion is required to protect the public health and safety. all reasonable times upon any private or pub­ otherwise under the jurisdiction of the lic property for the purpose of determining Art. VIII. This Agreement shall become Atomic Energy Commission. Personnel'. The backgrounds of effective on ------and shall remain in effect whether there is compliance with or viola­ training unless, and until such time as it is termi­ tions of the provisions of RSA 125 and the and experience in radiation of persons em­ nated pursuant to Article VII. rules and regulations issued thereunder; and ployed in the future to fill vacancies on the to conduct inspections and surveys of radia­ New Hampshire Radiation Control Agency Done at Concord, State of New Hampshire, tion sources and their shielding and im­ staff will be equivalent to those of the pres" in triplicate, this day o f ______mediate surroundings. ent prospective staff. Following are tn

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 NOTICES 2789 resumes of the backgrounds of the proposed Teaching radiological defense to local town give a more balanced membership amongst Agency staff : and city organizations; 1957-date; the various professions concerned with radio­ Special courses (see Education). logical health. This committee will keep Forrest H. Bu m Eord the Governor and Council informed on J o h n R . S t a n t o n EDUCATION matters relative to radiation problems with­ e d u c a t io n in the State. University of New Hampshire— 1937, B.S., They will also recommend programs and Mech.Eng. St. Anslem’s College, Manchester, N.H.— 1955, policies to the Radiation Control Agency and Special courses in Industrial Hygiene, Radio­ A.B. Chemistry. Member St. Anslem’s act as advisors to the Director of the Agency. logical Defense, and Radiological Health, Chemical Society, 1952-55. They or certain members of the committee USPHS—DOD— AEC. will also serve the Agency as an isotope com­ m i l i t a r y MILITARY mittee similar to that in use by the AEC. Two years active duty with U.S. Army, 1955- Licensing and registration. The State pro­ U.S. Army Reserve 1936-1944 (1st Lieut.). 57; duty, weather observer. Seven years gram provides for the issuance of both spe­ U.S. Public Health Service ( R ) , Active Duty with New Hampshire National Guard, 1957 cific and general licenses for radioactive ma­ 1941-1946 (Lieut., S .G .). to date. terials. The specific license will be issued to U.S. Public Health Service ( R ) , 1946-Date authorize the possession of such quantities (Comm.). SPECIAL TRAINING of special nuclear material, source material, EXPERIENCE Weather Observer School, Fort Monmouth, byproduct material, and other naturally oc­ 1937-1940—The Trane Co., La Crosse, Wis., N.J., 1956 (13 weeks). curring radioactive materials, such as ra­ Heating, Ventilating and A.C. Engineer. Industrial Hygiene Chemistry Course— DOH dium, as are not generally licensed or ex­ 1940- 1941—State of New Hampshire, Dept, of USPHS Cincinnati, Ohio, 1963 ( 2 weeks). empted from licensing under the regulations Health, Division of Industrial Hygiene, In ­ Dust Evaluation Techniques Course— DOH General licenses are established in the regula­ dustrial Hygiene Engineer. USPHS Cincinnati, Ohio, 1963 (1 week). tions for the possession of such quantities of certain radioactive materials as are consid­ 1941- 1946—U.S. Public Health Service, In ­ Civil Defense for Food and Drug Officials ered to be unlikly to present a hazard to the dustrial Hygiene Engineer, Stationed N.H., course— USFDA, Concord, N.H., 1963 (1 health and safety of the public under the District of Columbia, Tenn. w eek). 1946- 1947—State of Ohio, Youngstown, Ohio, filing of applications with the Agency or the Radiological Health course— AEC— ORINS— issuance of licensing documents to the par­ District Industrial Hygiene Engineer. Oak Ridge, Tenn., 1964 (10 w eeks). 1947- 1952—State of New Hampshire, Con­ ticular persons using the radioactive mate­ cord, N.H., Industrial Hygiene Engineer, EXPERIENCE rial. Acting Director of Division 1951. Persons possessing less than certain quan­ 1952-Date— State of New Hampshire, Direc­ Chemist (Highway Materials Testing)—New tities of radioactive materials, as stated in the tor, Division of Industrial Hygiene or B u­ Hampshire Department of Public Works regulations, or who possess items containing reau of Occupational Health. and Highways, 1957—1962. Immediate Su­ certain specified radioactive materials are ex­ pervisor, Paul S. Otis. Principal duties: empted. from the licensing requirements of RADIATION EXPERIENCE chemical analysis of paints, tar, asphalt the regulations. and other highway construction materials. 1941-Date—Experience in industrial, diag­ The program also requires that persons Industrial Hygiene Chemist— Occupational nostic, therapeutic, and fluoroscopic X-ray having possession of any source of ionizing Health Service, New Hampshire Depart­ machines—safety and health. Health and radiation other than exempt radioactive ma­ ment of Health and Welfare, 1962 to pres­ safety in use of radium in hospitals, clinics, terial and radioactive material licensed under ent. Immediate Supervisor, Forrest H. and industry. the regulations, including machines or de­ Bumford. Principal duties: (1) Chemical 1951-Date— State RADEF Officer in Civil De­ vices capable of producing ionizing radiation, fense program. Charge of radiological analysis of trace metals, solvents and shall register such machines or devices with metabolic products of toxins using in­ defense for State; training of monitors the Agency on a form provided by the Agency. and care and maintenance of instruments. frared spectroscopy, ultraviolet spectro­ The Agency is responsible for evaluating photometry and gas chromatography; ( 2) 1957-Date—Hold AEC licenses for use of applications for and the issuing of licenses. sealed sources for use in training and cali­ monitoring of daily air samples for beta Provision has been made, however, for a radi­ bration of instruments, including multi­ activity. ation advisory committee to assist the Agency in evaluations which require technical con­ curie (5) Cobalt 60 sources, Cesium 137 GOVERNOR’ S RADIATION ADVISORY COMMITTEE source (120 curie), including leak testing. sultation. The board will consist of persons 1961-Date—Appointed Director, State Radia­ Robert Normandi, Ph. D., Chairman, Pro­ highly qualified in the fields of the medical tion Control Agency, Division of Public fessor of Biology and Radiation Biology, uses of radiation, physics, and industry Health, Department of Health and Welfare. St. Anslem’s College, Manchester, N.H. whenever possible. In addition, the Agency Holds AEC license. will utilize the applicable licensing criteria R ichard S. Du m m Frank Lane, M.D., Chief Roentgenologist, of the UJS. Atomic Energy Commission in education Mary Hitchcock Memorial Hospital, Han­ making its evaluations. over, N.H., Radiation Safety Officer, Mary Inspection. Inspections of activities us­ University of New Hampshire— 1951, B.S., Hitchcock Memorial Hospital, Hanover, ing radiation sources will be made on a Agr. Engineering. N.H. Charge of 1,000 curie cobalt 60 periodic basis. The most hazardous uses of Special courses: teletherapy units. Holds AEC licenses. radiation will be inspected at least once Industrial Ventilation, Michigan State Laurence Bixby, M.D., Roentgenologist, Dover in each 6-month period, and other uses on a Univ., 1954 (1 week). City Hospital, Dovef, N.H., Roentgenologist, less frequent basis, depending upon the rel­ Radiological Defense Instructor, OCDM, Frisbie Memorial Hospital, Rochester, ative hazard. All licensed or registered activ­ 1957 (1 week). N.H. ities will be inspected at least once in each 2- Civil Effects Test Group, AEC Nevada Test John Lockwood, Sc. D., Chairman, Depart­ year period. Site, 1957 (2 weeks). ment of Physics, University of New Hamp­ Announcement of an intended inspection Civil Defense for Food and Drug Officials, shire, Durham, N.H. Considerable experi­ may or may not be made prior to its execu­ USFDA, 1963 (1 w eek). ence with various isotopes and member of tion. Radiological Health Physics, Oak Ridge In ­ University Radiation Committee. Holds Inspection visits will usually include a stitute of Nuclear Studies, 1964 (10 AEC license. comprehensive review by the inspector of the w eek s). J. Copenhaver, Ph. D., Chairman, Dept, of B i­ licensee’s equipment, facilities, and handling MILITARY ological Sciences, Dartmouth College, H an­ or storage of radioactive material, the pro­ cedures, in effect, including actual opera­ Enlisted USNR Nov. 1943-June 1946 (27 mos. over, N.H. Holds AEC license. active). Gene Likens, Ph. D., Dept, of Biological Sci­ tion, and interviewing of personnel actu­ ally involved. The inspector will review the Enlisted USNR Apr. 1950-Jan. 1952 (12 mos. ences, Dartmouth College, Hanover, N.H. active). Holds AEC license. user’s survey methods and results, personnel monitoring practices and results, the posting Commissioned USNR Jan. 1952-date (13 mos. Richard D. Brew, President, Brew Co., Con­ active). cord, N.H. Representing industrial inter­ and labeling used, the instructions to per­ sonnel, and the methods and apparent effec­ experience ests on committee. Paul Simpson, Sanders Associates, Nashua, tiveness of maintaining control of people in ^195^aVa* ^ eserve (active) Feb. 1951-Mar. N.H. Representing industrial interests on the controlled area. He will review the user’s committee. records of receipts, transfers, and inventory New Hampshire, Dept, of Health, Leonard Hill, Comptroller, State of New of licensed materials,* if any. He may physi­ date ° n ° f ^ ^ ^ t r i a l Hygiene, Apr. 1953- Hampshire, State House, Concord, N.H. cally check the inventory. He will examine Representing Governor on State Com­ records concerning any disposal of radioac­ radiation mittee. tive material which might have been made. ®8lth and safety of medical and industrial The committee membership will be He may make measurements of radiation s of X-ray and radium; 1953-date. changed somewhat after January 1966, to levels. Prior to the termination of each in-

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2790 NOTICES spection, the inspector will meet with the a critical mass pursuant to a license issued [Notice 130] management to discuss the results of his in­ by the U.S. Atomic Energy Commission or by spection. At this time he will present tenta­ another agreement state provided that such MOTOR CARRIER TEMPORARY tive oral recommendations or suggestions, persons notify the Agency immediately of the AUTHORITY APPLICATIONS and will attempt to answer questions con­ presence of such materials within the state. cerning the regulatory program. Compatibility. It is the policy of the State F ebruary 11, 1966. The inspector will prepare a detailed report of New Hampshire to institute and maintain The following are notices of filing of to inform his superior and the licensee or a regulatory program for sources for ionizing applications for temporary authority un­ registrant of all the facts and circumstances radiation so as to provide for a system con­ der section 210a(a) of the Interstate observed during the inspection, including sonant insofar as possible with the standards recommendations,for the abatement of non- and regulatory programs of the Federal gov­ Commerce Act provided for under the compliance matters. The report will pro­ ernment and with those of other agreement new rules in Ex Parte No. MC 67 (49 CFR vide the basis for any necessary enforcement States. 240) published in the F ederal R egister, action by the Agency. issue of April 27, 1965, effective July 1, [F.R. Doc. 65-937; Filed, Jan. 25, 1966; In addition, there will be investigations of 8:49 a.m.j 1965. These rules provide that protests incidents and complaints involving licensed to the granting of an application must or registered sources of radiation to deter­ be filed with the field official named in mine the cause, and measures taken by the the F ederal R egister publication, within licensee or registrant to cope with the inci­ dent, whether or not there was noncompli­ 15 calendar days after the date notice of ance with the regulations, and the steps the INTERSTATE COMMERCE the filing of the application is published licensee or registrant is taking to ensure that in the F ederal R egister. One copy of a recurrence of the incident will not take COMMISSION such protest must be served on the appli­ place. cant, or its authorized representative, if Enforcement. Minor items of noncompli­ NOTICE OF FILING OF MOTOR CAR­ any, and the protest must certify that ance, such as improper signs, failure to label, RIER INTRASTATE APPLICATIONS such service has been made. The pro­ etc., will be included in the inspector's report and, if the licensee or registrant agrees to F ebruary 11,1966. test must be specific as to the service which such protestant can and will offer, correct these irregularities at the time of the The following applications for motor and must consist of a signed original and inspection, the corrective action taken will common carrier authority to operate in be reviewed with the licensee or registrant intrastate commerce seek concurrent six (6) copies. during the next periodic inspection. If the A copy of the application is on file, and motor carrier authorization in interstate inspection reveals a noncompliance of a more can be examined, at the Office of the Sec­ serious nature, the licensee or registrant or foreign commerce within the limits of the intrastate authority sought, pursuant, retary, Interstate Commerce Commis­ will be required. to accomplish corrective sion, Washington, D.C., and also in the action prior to a time fixed by the director of to section 206(a) (6) of the Interstate the Agency, which time shall be not more Commerce Act, as amended October 15, field office to which protests are to be than ten days subsequent to formal written 1962. These applications are governed transmitted. notification of the item of noncompliance by by Special Rule 1.245 of the Commis­ No. MC 2392 (Sub-No. 47 TA), filed the Agency. The licensee or registrant will sion’s rules of practice, published in the February 9,1966. Applicant: WHEELER be required to inform the Agency in writing, TRANSPORT SERVICE, INC., Post Of­ usually within 15 days of formal notification, F ederal R egister, issue of April 11, 1963, page 3533, which provides, among other fice Box 432, Genoa, Nebr. Applicant’s as to corrective action taken and the date it representative: R. E. Powell, 1005-1006 was accomplished. In these cases, the Agen­ things, that protests and requests for in­ cy’s representative will either conduct a formation concerning the time and place Trust Building, Lincoln, Nebr. Author­ prompt follow-up inspection or the matter of State commission hearings or other ity sought to operate as a common car­ will be reviewed during the next regular proceedings, any subsequent changes rier, by motor vehicle, over irregular inspection to insure that corrective action therein, and any other related matters routes, transporting: Fertilizer solutions, has, in fact, been accomplished. If the reply from the plantsite of Phillips Petroleum does not satisfactorily explain the noncom­ shall be directed to the State commis­ sion with which the application is filed Co., at or near Aurora, Nebr., to points in pliance and assure that further violations Iowa, Kansas, Missouri, and South Da­ will be prevented, the Agency will take such and shall not be addressed to or filed with administrative actions as are available to it. the Interstate Commerce Commission. kota, for 180 days. Supporting shipper: Where administrative enforcement of the State docket number assigned M T - Phillips Petroleum Co., Bartlesville, rules and regulations of the Agency does not 8547, filed January 24, 1966. Applicant: Okla.,. 74003. Send protests to: Max H. prove successful, a civil action may be insti­ BUSY BEE MOVERS, INC., Myrtle Ave­ Johnston, District Supervisor, Bureau of tuted on behalf of the Agency for injunctive nue, Mahopac Falls, N.Y. Certificate of Operations and Compliance, Interstate relief to prevent the violation of the pro­ Commerce Commission, 315 Post Office visions of the rules and regulations. public service and necessity sought to op­ erate a freight service as follows: Trans­ uilding, Lincoln, Nebr., 68508. The director of the Agency has legal au­ No. MC 66562 (Sub-No. 2142 TA), filed thority, in an emergency situation, to issue portation of: Household goods, and an order reciting that such an emergency household furniture and appliances, ebruary 8, 1966. Applicant: RAILWAY does, in fact, exist and requiring that such from all points in New York City, N.Y., XPRESS AGENCY, INCORPORATED, L9 East 42d Street, Ndw York, N-Y-. action as he deems necessary be taken to in the counties of Putnam and West­ )017. Applicant’s representative: Wh­ meet the emergency. Any person to whom chester on the one hand, and, on the such an order is directed is required by law am H. Marx (same address as above;, other, all points in the State, and re­ to comply with the order immediately. common turned, refused, and rejected merchan­ uthority sought to operate as a Any person who receives a notice of viola­ irrier, by motor vehicle, over regu _ dise of the same description in the re­ tion of the regulations of the Agency and mtes, transporting: General common - an order of abatement of the violation, or verse direction. es, moving in express service, betwee who is required to comply immediately with HEARING: Date, time, and place of the orders of the director of the Agency, in alesburg and Peoria, 111., ir . hearing to be hereafter fixed. Requests ■alesburg southeast on U.S. Highway 150 an emergency situation, may apply for a for procedural information including the hearing before the director of the Division of > junction Illinois Highway 97, the time for filing protests concerning this Public Health Services, New Hampshire State irer Illinois Highway 97 to junction iii' application should be addressed to the Department of Health and Welfare, and a ois Highway 8, thence over Db New York State Public Service Commis­ hearing will be afforded within 15 days. iighway 8 to Peoria, and return ov® . Any person who wilfully violates any of the sion, 55 Elk Street, Albany, N.Y., 12225, une route, serving the intermediate provisions of the rules and regulations of the and should not be directed to the Inter­ oints of Yates City and Elmwood, in-. Agency, or who violates an order of the state Commerce Commission. Agency, may be guilty of a crime and upon nd between Galesburg and Peorl^’ ^r ’ conviction may be punished by a fine or im­ By the Commission. ver U.S. Highway 150, serving no inter prisonment or both, as provided by law. lediate points, as an alternate rou Reciprocity. The Agency will exempt per­ [ seal] H. N e il G arson, perating convenience only, for sons from the licensing requirement of the Secretary. ustrictions: 1. The service to per regulations who use, transfer, possess, or >rmed by applicant shall be hinged receive byproduct, source, or special nuclear [F.R. Doc. 66-1648; Filed, Feb. 15, 1966; lat which is auxiliary to or supplem material in quantities not sufficient to form 8:48 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 NOTICES 2791 tal of express service of the Railway by motor vehicle, over irregular routes, Interstate Commerce Commission, 308 Express Agency, Inc. 2. Shipments transporting: Petroleum asphaltum Federal Building, Fort Wayne, Ind., transported by applicant shall be limited liquid, in bulk, in tank vehicles, from 46802. to those on through bills of lading or East Liverpool, Ohio, to Lackawanna, No. MC 117869 (Sub-No. 3 TA), filed express receipts. 3. Such further specific N.Y., for 150 days. Supporting shipper: February 9, 1966. Applicant: DENTON conditions as the Commission, in the fu­ Dacar Chemical Products Co., Dacar PRODUCE, INC., 410 North Independ­ ture, m ay find necessary to impose in Chemical Building, McCartney at ence, Post Office Box 109, Enid, Okla., order to restrict applicant’s operations Wabash Street, Pittsburgh, Pa., 15220. 73701. Applicant’s representative: M. R. to a service which is auxiliary to or sup­ Send protests to: Robert W. Ritenour, Denton (same address as above). Au­ plemental of express service of the Rail­ District Supervisor, Bureau of Opera­ thority sought to operate as a common way Express Agency, Inc. tions and Compliance, Interstate Com­ carrier, by motor vehicle, over irregular Supporting shippers: There are 10 merce Commission, 218 Central Indus­ routes, transporting: Bananas„ from supporting statements attached to the trial Building, 100 North Cameron Gulfport, Miss., to points in Texas, Okla­ application, which may be examined here Street, Harrisburg, Pa., 17101. homa, Kansas, Nebraska, Denver, Colo­ at the Interstate Commerce Commis­ No. MC 103880 (Sub-No. 357 TA ) rado, Kansas City, Missouri, and South sion in Washington, D.C. Send pro­ (Amendment), filed January 24, 1966, Dakota, for 180 days. Supporting ship­ tests to: Stephen P. Tomany, District Su­ published F ederal R e g ist e r , issue of per: Standard Fruit and Steamship Co., pervisor, Bureau of Operations and February 1, 1966, arid republished as 944 St. Charles Avenue, New Orleans, Compliance, Interstate Commerce Com­ amended this issue. Applicant: PRO­ La., 70150. Send protests to: C. L. mission, 346 Broadway, New York, N.Y., DUCERS TRANSPORT, INC., 215 East Phillips, District Supervisor, Bureau of 10013. Waterloo Road, Post Office Box 71311, Operations and Compliance, Interstate No. MC 66562 (Sub-No. 2143 T A ), Akron, Ohio, 44306. Applicant’s repre­ Commerce Commission, Room 350, filed February 8, 1966. Applicant: sentative: Ronald Burian (same address American General Building, 210 North­ RAILWAY EXPRESS AGENCY, IN­ as above) . Authority sought to operate west Sixth, Oklahoma City, Okla., CORPORATED, 219 East 42d Street, as a common carrier, by motor vehicle, 73102, New York, N.Y., 10017. Applicant’s rep­ over irregular routes, transporting: No. MC 127129 (Sub-No. 1 TA), filed resentative: William H. Marx (same ad­ Panaflex, in bulk, in tank vehicles, from February 9, 1966. Applicant: AVERY dress as above). Authority sought to Fort Wayne, Ind., to Three Rivers, Mich., TRUCKING CO., INC., 6711 Saxton operate as a common carrier, by motor for 120 days. Supporting shipper: Amo­ Avenue, Post Office Box 4383, Boise, vehicle, over regular routes, transport­ co Chemicals Corp., 130 East Randolph Idaho, 83701. Applicant’s representa­ ing: General commodities moving in ex­ Drive, Chicago 1, 111. Send protests to: tive: Kenneth G. Bergquist, 1110 Bank press service, between Galesburg and G. J. Baccei, District Supervisor, Bureau of Idaho Building, Boise, Idaho, 83702. Lewistown, 111., from Galesburg over U.S. of Operations and Compliance, Inter­ Authority sought to operate as a com­ Highway 150 to junction Illinois High­ state Commerce Commission, 435 Federal mon carrier, by motor vehicle, over ir­ way 97, thence over Illinois Highway 97 Building, Cleveland, Ohio, 44114. N o t e : regular routes, transporting: General to junction Illinois Highway 116, thence The purpose of this republication is to commodities, from points in Idaho, to over Illinois Highway 116 to junction show that the commodity, Panaflex, will points in Idaho, via Oregon for operating Illinois Highway 78, thence over Illinois move in bulk, in tank vehicles. convenience only, for 180 days. Sup­ Highway 78 to junction Illinois High­ No. MC 107010 (Sub-No. 21 T A ), filed porting shippers; Inland Empire Lumber way 100, thence over Illinois Highway February 9, 1966. Applicant: D & R Service, Post Office Box 2542, Terminal 100 to Lewistown, and return over the BULK CARRIERS, INC., Post Office Box Annex, Spokane, Wash., 99200; Meridian same route, serving the intermediate 106, Auburn, Nebr. Applicant’s repre­ Pine Co., Post Office Box 865, Meridian, points of Farmington, Norris, and Can­ sentative: R. E. Powell, 1005-1006 Trust Idaho, 83642; Boise Stone & Tile Co., ton, 111. (also return from Farmington, Building, Lincoln, Nebr. Authority 5106 Fairview Avenue, Boise, Idaho, HI., over Illinois Highway 97 to Cuba, sought to operate as a common carrier, 83706; B. E. Crawford-Crushing, Route 111., thence over unnumbered highway to by motor vehicle, over irregular routes, No. 2, Boise, Idaho, 83702. Send pro­ Canton, 111., serving the intermediate transporting: Fertilizer solutions, from tests to: C. W. Campbell, District Su­ Point of Cuba, 111., and return to Gales­ the plantsite of Phillips Petroleum Co., pervisor, Bureau of Operations and Com­ burg, ill., on the same route as above) at or near Aurora, Nebr., to points in pliance, Interstate Commerce Commis­ for 150 days. Restrictions: 1. The Iowa, Kansas, Missouri, and South sion, 203 Eastman Building, Boise, Idaho, sendee to be performed by applicant Dakota, for 180 days. Supporting 83702. shall be limited to that which is. auxiliary shipper: Phillips Petroleum Co., Bartles­ No. MC 127i29 (Sub-No. 2 T A ), filed to or supplemental of express service of ville, Okla., 74003. Send protests to: February 9, 1966. Applicant: AVERY the Railway Express Agency, Inc. 2. Max H. Johnston, District Supervisor, TRUCKING CO., INC., 6711 Saxton Ave­ Shipments transported by applicant Bureau of Operations and Compliance, nue, Post Office Box 4383, Boise, Idaho, sh^H be limited to those on through bills Interstate Commerce Commission, 315 83701. Applicant’s representative: Ken­ of lading or express receipts.. Post Office Building, Lincoln, Nebr., neth G. Bergquist, 1110 Bank of Idaho 3. Such further specific conditions jas68508. Building, Boise, Idaho, 83702. Author­ the Commission, in the future, may find No. MC 115967 (Sub-No. 6 TA), filed ity sought to operate as a common car­ necessary to impose in order to restrict February 9, 1966. Applicant: WILLIE rier, by motor vehicle, over irregular applicant’s operations to a service which T: HIRES, INC., 4912 Hohman Avenue, routes, transporting: Stone, from Boise is auxiliary to or supplemental of express Hammond, Ind., 46320. Applicant’s Stone & Tile Co. quarry at Park Valley, service of the Railway Express Agency, representative: George S. Mullins, 4704 Utah, to points in Idaho, for 180 days. hie. Supporting shippers: There are 11 West Irving Park Road, Chicago, 111., Supporting shipper: Boise Stone & Tile supporting statements attached to the 60641. Authority sought to operate as Co., 5106 Fairview Avenue, Boise, Idaho, W c a tio n which may be examined here a contract carrier, by motor vehicle, over 83706. Send protests to: C. W. Camp­ at the Interstate Commerce Commission irregular routes, transporting: Dairy bell, District Supervisor, Interstate Com­ m Washington, D.C. Send protests to: products, yogurt, fruit juices, and ice merce Commission, Bureau of Operations tephen P. Tomany, District Supervisor, cream, from the plantsite of the Borden and Compliance, 203 Eastman Building, Tru'ea+l Operations and Compliance, Co. at or near Woodstock, 111., to points Boise, Idaho, 83702. interstate Commerce Commission, 346 in Indiana on and north of U.S. High­ No. MC 127884 (Sub-No. 1 TA), filed “ roadway, New York, N.Y., 10013. way 24, and on and west of U.S. High­ February 8, 1966. Applicant: ELVIN J. fiif?' MC *92616 (Sub-No. 784 T A ), way 31, for 180 days. Supporting ship­ KENDA, doing business as GALLATIN PnAoZebruary 9> 1966. Applicant: per: The Borden Co., 1821 South CANYON LINES, 717 North Tracy ^UASTAL TANK LINES, INC., 501 Kolboum Avenue, Chicago, 111., 60623, Street, Bozeman, Mont., 59715. Appli­ S nTTy Road* York, Pa., 17405. Ap- Representative H. E. Austin, director of cant’s representative: Hugh Sweeney, E f 1' representative: S. E. Smith sales and distribution. Send protests to: Billings State Bank Building, Billings, soueht faddress as above) . Authority Fred Gruin, Jr., Safety Inspector, Bu­ Mont., 59101. Authority sought to op­ eht to operate as a common carrier, reau of Operations and Compliance, erate as a common carrier, by motor

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 No. 32- 2792 NOTICES vehicle, over regular routes, transport­ 1300 North 10th Street, St. Louis, Mo., Mich., over Interstate Highway 94 to ing: General commodities (except com­ 63106; filed January 24, 1966. Carrier junction U.S. Highway 127 at Jackson, modities in bulk, and household goods as proposes to operate as a common carrier, Mich., thence over U.S. Highway 127 defined by the Commission), between by motor vehicle, of general commodities, to Lansing, Mich., and return over the (1) Bozeman, Mont., on the one hand, with certain exceptions, over a deviation same route, for operating convenience and, on the other, points on U.S. High­ route as follows: From junction U.S. only. The notice indicates that the way 191 between Bozeman, Mont., and Highway 69 and Indian Nation Turnpike, carrier is presently authorized to trans­ the Wyoming State line, having a prior at or near Savanna, Okla., over Indian port the same commodities over perti­ or subsequent out-of-State movement; Nation Turnpike to junction U.S. High­ nent service routes, as follows: (1) From and between (2) Bozeman, Mont., and way 75, at or near Henryetta, Okla., and Detroit, Mich., over Michigan Highway West Yellowstone, Mont., via U.S. High­ return over thgjsame route, for operat­ 14 (formerly portion U.S. Highway 12) way 191 in Wyoming and that portion of ing convenience only. The notice in­ to Ann Arbor, Mich., thence over unnum­ U.S. Highway 191 between West Yellow­ dicates that the carrier is presently bered highway (formerly portion U.S. stone, Mont., and the Wyoming State authorized to transport the same com­ Highway 12), to junction Interstate line, in Montana, for 120 days. Sup­ modities over pertinent service routes as Highway 94 (formerly portion U.S. High­ porting shippers: Montana Propane, Box follows: (1) From Atoka, Okla., over U.S. way 12), near Lima Center, Mich., thence 204, West Yellowstone, Mont., 59758; Highway 75 to Henryetta, Okla.; (2) over Interstate Highway 94 to junction Roland Staebler, doing business as from Atoka, Okla., over U.S. Highway 69 unnumbered highway (formerly portion Staebler Grocery, West Yellowstone, to junction U.S. Highway 266 at or near U.S. Highway 12), near Parma, Mich., Mont., 59758; Sarver Heating and Sheet Checotah, Okla., thence over U.S. High­ thence over unnumbered highway via Metal, West Yellowstone, Mont., 59758; way 266 to Henryetta, Okla.; and return Albion and Marshall, Mich., to junction Elk Studs Co., Box 343, West Yellow­ over the same routes. Business Route Interstate Highway 94 stone, Mont., 59758; Carl Weissman and No. MC 2202 (Deviation No. 85), (formerly portion U.S. Highway 12), Sons, 624 East Main, Bozeman, Mont., ROADWAY EXPRESS, INC., 1077 Gorge thence over Business Route Interstate 59715; Continental Oil Company, Boze­ Boulevard, Post Office Box 471, Akron, Highway 94 to Battle Creek, Mich., man, Mont., 59715; Montana Motor Sup­ Ohio, 44309; filed January 24, 1966. thence over unnumbered highway (Co­ ply, Inc., Box 853, Bozeman, Mont., Carrier proposes to operate as a common lumbia Avenue) (formerly portion U.S. 59715; Hines Motor Supply Co., 103 West carrier, by motor vehicle, of general com­ Highway 12) to junction Interstate High­ Mendenhall, Bozeman, Mont., 59715; modities, with certain exceptions, over way 94 (formerly portion U.S. Highway Empire Building Materials, Box 141, a deviation route as follows: From Balti­ 12), thence over Interstate Highway 94 to Bozeman, Mont., 59715; Story Motor more, Md., over Maryland Highway 3 to junction unnumbered highway, 1 mile Supply, Inc., Box 828, Bozeman, Mont., junction U.S. Highway 50, thence over east of Galesburg, Mich., thence over un­ 59715; Stage Coach Corp., Box 160, West U.S. Highway 50 to Washington, D.C., numbered highway to Galesburg, Mich., Yellowstone, Mont., 59758. Send pro­ and return over the same route, for thence over Michigan Highway 96 to visor, Bureau of Operations and operating convenience only. The notice Kalamazoo, Mich., thence over unnum­ Compliance, Interstate Commerce Com­ indicates that the carrier is presently bered highway (formerly portion U.S. mission, 318 U.S. Post Office Building, authorized to transport the same com­ Highway 12) via Paw Paw and Water- Billings, Mont., 59101. modities over a pertinent service route vliet, Mich., to Benton Harbor, Mich., thence over Business Route Interstate By the Commission. as follows: From Baltimore, Md., over U.S. Highway 1 to Washington, D.C., and Highway 94 (formerly portion U.S. High­ [ s e a l ! H . N e il G a r s o n , return over the same route. way 12) to junction unnumbered high­ Secretary. No. MC 17778 (Deviation No. 6), YALE way (formerly portion U.S. Highway 12) [F.R. Doc. 66-1649; Filed, Feb. 15, 1966; TRANSPORT CORP., 460 12th Avenue, near Stevensville, Mich., thence over un­ 8:48 ajn .] New York, N.Y., 10018; filed January 27, numbered highway via Bridgeman and 1966. Carrier proposes to operate as a Union Pier, Mich., to junction U.S. High­ [Notice 384] common carrier, by motor vehicle, of way 12, near New Buffalo, Mich., thence general commodities, with certain excep­ over U.S. Highway 12 to Chicago, HI. MOTOR CARRIER ALTERNATE ROUTE tions, over deviation routes as follow: (2) From Chicago, 111., over U.S. High­ DEVIATION NOTICES (1) From Springfield, Mass., over Inter­ way 12 to junction Interstate Highway 94 (formerly portion U.S. Highway 12), F e b r u a r y 11, 1966. state Highway 91 to New Haven, Conn.; and (2) from Boston, Mass., over Inter­ near New Buffalo, Mich., thence over In­ The following letter-notices of propos­ terstate Highway 94 to junction unnum­ als to operate over deviation routes for state Highway 95 to New York, N.Y.; and return over the same routes, for operat­ bered highway (Columbia Avenue) (for­ operating convenience only have been merly portion U.S. Highway 12), thence filed with the Interstate Commerce Com­ ing convenience only. The notice in­ dicates that the carrier is presently over unnumbered highway to Battle mission, under the Commission’s Devia­ Creek, Mich., thence over Michigan High­ tion Rules Revised, 1957 (49 CFR 211 .1 authorized to transport the same com­ modities over pertinent service routes as way 78 via Lansing, Mich., to Flint, (c) (8)) and notice thereof to all inter­ Mich., and thence over Business Route ested persons is hereby given as pro­ follow: (1) From New York, N.Y., over U.S. Highway 1 to New Haven, Conn., Michigan Highway 54 (formerly portion vided in such rules (49 CFR 211.1(d) U.S. Highway 23) to junction unnum­ (4)). thence over U.S. Highway 5 to Spring- field, Mass., thence over U.S. Highway 20 bered highway (formerly portion U.S. Protests against the use of any pro­ Highway 23), thence over unnumbered posed deviation route herein described to Boston, Mass.; and (2) from New York, N.Y., over U.S. Highway 1 via highway to junction Business Route In­ may be filed with the Interstate Com­ terstate Highway 75 (formerly shown as merce Commission in the manner and Westerly and Providence, R.I., to Boston, Mass, (also from Westerly, R.I., over portion U.S. Highway 23), thence over form provided in such rules (49 CFR Business Route Interstate Highway 75 to 211.1(e)) at any time, but will not oper­ Rhode Island Highway 3 to Providence, R.I., thence over U.S. Highway 1 to Saginaw, Mich., thence over Michigan ate to stay commencement of the pro­ Highway 13 (formerly portion U.S. High­ posed operations unless filed within 30 Boston, M ass.); and return over the same routes. way 23), to Bay City, Mich.; and UJ days from the date of publication. from Marshall, Mich., over U.S. High­ Successively filed letter-notices of the No. MC 55843 (Deviation No. 5), way 27 to Charlotte, Mich., and return same carrier under the Commission’s De­ SAGINAW TRANSFER COMPANY, INC., 2130 Midland Road, Saginaw, over the same routes. viation Rules Revised, 1957, will be num­ No. MC 69116 (Deviation No. 32), bered consecutively for convenience in Mich., 48603, filed January 27, 1966. Carrier proposes to operate as a com­ SPECTOR FREIGHT SYSTEM, INC* identification and protests if any should 205 West Wacker Drive, Chicago, Ih., mon carrier, by motor vehicle, of gen­ refer to such letter-notices by number. 60606; filed January 27, 1966. Carrier eral commodities, with certain excep­ M o to r C arriers o f P r o p e r t y tions, over a deviation route, as follows: proposes to operate as a common carrier, by motor vehicle, of general commodities, No. MC 906 (Deviation No. 4), CON­ From junction Interstate Highway 94 SOLIDATED FORWARDING CO., INC., and U.S. Highway 27, at Marshall, with certain exceptions, over a devia io

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 NOTICES 2793 route as follows: Prom Davenport, Iowa, and the same property over a pertinent thence over North Broad Street to junc­ over U.S. Highway 61 to Muscatine, Iowa, service route as follows: From New tion Allen Street, thence over Allen Street and return over the same route, for oper­ Haven, Conn., over Connecticut Highway to Perry Street Terminal located at ating convenience only. The notice indi­ 67 to junction Connecticut Highway 63, Trenton, N.J.; and return from Perry cates that the carrier is presently author­ thence over Connecticut Highway 63 via Street Terminal over Perry Street to ized to transport the same commodities Bethany, Conn., to Naugatuck, Conn., junction North Broad Street, thence over over a pertinent service route as follows: thence over Connecticut Highway 8 via North Broad Street to junction Princeton Prom Davenport, Iowa, over Iowa High­ Waterbury and Torrington, Conn., to Avenue, thence over Princeton Avenue to way 22 to Muscatine, Iowa, and return Winsted, Conn., thence over U.S. High­ junction U.S. Highway 206 (junction U.S. over the same route. way 44 to Canaan, Conn., thence over Highway 206 and Mercer County High­ No. MC 69833 (Deviation No. 16), AS­ U.S. Highway 7 to Pittsfield, Mass., way 583) in Lawrence Township, N.J. SOCIATED TRUCK LINES, INC., 15 thence over U.S. Highway 20 to Albany, By the Commission. Andre Street SE., Grand Rapids, Mich., N.Y., and return over the same route. 49507; filed January 26, 1966. Carrier No. MC 115025 (Deviation No. 1), THE [ s e a l ] ' H. N e il G a r s o n , proposes to operate as a common car­ SHORT LINE OF CONNECTICUT, IN­ Secretary. rier, by motor vehicle, of General com­ CORPORATED, doing business as THE SHORT LINE, 847 Hanover Street, Meri­ [F.R. Doc. 66-1650; Filed, Feb. 15, 1966; modities, with certain exceptions, over a 8:48 a.m.] deviation route as follows: Prom In ­ den, Conn., filed February 2, 1966. Car­ dianapolis, Ind., over Interstate Highway rier proposes to operate as a common 69 to junction Interstate Highway 94, carrier, by motor vehicle, of passengers [Notice 880] thence over Interstate Highway 94 to and their baggage, and express and Jackson, Mich., and return over the same newspapers, in the same vehicle with MOTOR CARRIER APPLICATIONS AND route, for operating convenience only. passengers, over a deviation route as CERTAIN OTHER PROCEEDINGS The notice indicates that the carrier is follows: Between New Haven, Conn., and presently authorized to transport the Hartford, Conn., over Interstate High­ F e b r u a r y 11, 1966. same commodities over pertinent service way 91, and over the following access The following publications are gov­ routes as follows: (1) From South Bend, routes (1) from Hartford, Conn., over erned by the new Special Rule 1.247 of Ind., over U.S. Highway 31 to Indianap­ city streets and access roads to Inter­ the Commission’s rules of practice, pub­ olis, Ind.; (2) from Elkhart, Ind., over state Highway 91 (within the city of lished in the F ederal R e g ist e r , issue of U.S. Highway 20 to South Bend, Ind., Hartford), (2) from Meriden, Conn., December 3,1963, which became effective thence over U.S. Highway 33 to Niles, over U.S. Highway 6A to junction with January 1, 1964. Mich.; and (3) from Jackson, Mich., Interstate Highway 91 (East Meriden, The publications hereinafter set forth over Michigan Highway 60 to Niles, Conn.), and (3) from Meriden, Conn., reflect the scope of the applications as Mich.; and return over the same routes. over spur route to j miction with Inter­ filed by applicant, and may include de­ No. MC 76266 (Deviation No. 22), AD- state Highway 91 (Meriden,'Conn.), and scriptions, restrictions, or limitations MIRAL-MERCHANTS MOTOR return over the same routes. The notice which are not in a form acceptable to FREIGHT, INC., 2625 Territorial Road, indicates that the carrier is presently the Commission. Authority which ulti­ St. Paul, Minn.; filed January 24, 1966. authorized to transport passengers and mately may be granted as a result of the Carrier proposes to operate as a common the same property over a pertinent serv­ applications here noticed will not neces­ carrier, by motor vehicle, of general com­ ice route as follows: Between New Haven, sarily reflect the phraseology set forth in modities, with certain exceptions, over Conn., and Hartford, Conn., over U.S. the application as filed, but also will a deviation route as follows: From Coun­ Highway 5. eliminate any restrictions which are not cil Bluffs, Iowa, over Iowa Highway 64 to No. MC 115116 (Deviation No. 1), acceptable to the Commission. junction Iowa Highway 83, thence over SUBURBAN TRANSIT CORP., 750 Iowa Highway 83 to junction U.S. High­ Somerset Street, New Brunswick, N.J., A pplications A ssig n e d fo r O ral H e a r in g way 6, and return ever the same route, filed February 2, 1966. Applicant’s rep­ MOTOR CARRIERS OF PROPERTY for operating convenience only. The resentative: Michael J. Marzano, 17 notice indicates that the carrier is pres­ Academy Street, Newark, N.J., 07102. The applications immediately follow­ ently authorized to transport the same Carrier proposes to operate as a common ing are assigned for hearing at the time commodities over a pertinent service carrier, by motor vehicle, of passengers and place designated in the notice of route as follows: From Council Bluffs, and their baggage, and express and news­ filing as here published in each proceed­ Iowa, over U.S. Highway 6 to junction papers, in the same vehicle with pas­ ing. All of the proceedings are subject Iowa Highway 83, and return over the sengers, over a deviation route as fol­ to the special rules of procedure for same route. lows: From junction U.S. Highway 206 hearing outlined below: and Mercer C ou nty Highway 583 Special rules of procedure for hearing. M otor C arriers o f P assengers (Princeton Avenue), in Lawrence Town­ (1) All of the testimony to be adduced No. MC 1934 (Deviation No. 4), THE ship, N.J., over U.S. Highway 206 to by applicant’s company witnesses shall ARROW LINE, INC., 70 Florence Street, Brunswick Circle and junction with U.S. be in the form of written statements East Hartford, Conn., filed February 1, Highway 1 and Strawberry Street, at or which shall be submitted at the hearing Applicant’s representative: near the Lawrence Township and city of at the time and place indicated. Thomas W. Murrett, 410 Asylum Street, Trenton boundary line, thence over (2) All of the written statements by Hartford, Conn. Carrier proposes tc Strawberry Street (U.S. Highway 1) to applicant’s company witnesses shall be operate as a common carrier, by motor the Trenton Freeway in Trenton, N.J., offered in evidence at the hearing in the vehicle, of passengers and their baggage, thence over the Trenton Freeway (U.S. same manner as any other type of evi­ &nd express and newspapers, in the same Highway 1) to junction with access roads dence. The witnesses submitting the vehicle with passengers, over a deviation to Perry Street, thence over access roads written statements shall be made avail­ route as follows: From New Haven, to Perry Street, thence over Perry Street able at the hearing for cross-examina­ ^onn., over Interstate Highway 91 to to Perry Street Terminal, in Trenton, tion, if such becomes necessary. ™ Q n U.S. Highway 5 in Long- N.J., and return over the same route, for (3) The written statements by appli­ jneadow, Mass., thence over U.S. High- operating convenience only. The notice cant’s company witnesses, if received in nity ® j ac tio n Massachusetts Turn- indicates that the carrier is presently evidence, will be accepted as exhibits. nv 6 T^nterstate Highway 90), thence authorized to transport passengers and To the extent the written statements re­ w Interstate Highway 90 to exit No. 2 the same property over a pertinent serv­ fer to attached documents such as copies East Lee, Mass., thence over U.S. ice route as follows: From the junction of operating authority, etc., they should nmTWay 20 to junction U.S. Highway 7, of U.S. Highway 206 and Mercer County be referred to in written statement as on» ^ urn over the same route, for Highway 583 (Princeton Avenue) located numbered appendices thereto. tw « j convenience only. The no- in Lawrence Township, N.J., thence over (4) The admissibility of the evidence enti m<“ cates that the carrier is pres- Princeton Avenue to junction North contained in the written statements and ly authorized to transport passengers Broad Street located at Trenton, N.J., the appendices thereto, will be at the time

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2794 NOTICES of offer, subject to the same rules as if order of the Commission, Operating No. MC 111729 (Sub-No. 117) (Repub­ the evidence were produced in the usual Rights Board No. 1, dated January 26, lication) , filed October 4,1965, published manner. 1966, and served February 3, 1966, finds F ederal R egister issue of October 28, (5) Supplemental testimony by a wit­that the present and future public con­ 1965, and republished, this issue. Appli­ ness to correct errors or to supply in­ venience and necessity require operation cant: ARMORED CARRIER CORPO­ advertent omissions in his written state­ by applicant, in interstate or foreign RATION, 222-17 Northern Boulevard, ment is permissible. commerce, as a common carrier by motor DeBevoise Building, Bayside, N.Y. Ap­ No. MC 118130 (Sub-No. 43), filed Feb­ vehicle, over irregular routes, of frozen plicant’s representative : Russell S. Bern- ruary 7, 1966. Applicant: BEN HAM­ foods, in vehicles equipped with mechan­ hard, 1625 K Street NW., Washington, RICK, INC., 2000 Chelsea Drive West, ical refrigeration, from New York, N.Y., D.C., 20006. By application filed Oc­ Fort Worth, Tex. Applicant’s repre­ and Jersey City and Kearny, N.J., to tober 4, 1965, applicant seeks a certifi­ sentative: M. Ward Bailey, 24th Floor, points in Lycoming and Northumberland cate of public convenience and necessity Continental Life Building, Fort Worth, Counties, Pa.; that applicant is fit, will­ authorizing operation, in interstate or Tex., 76102. Authority sought to operate ing, and able properly to perform such foreign commerce, as a common carrier as a common carrier, by motor vehicle, service and to conform to the require­ by motor vehicle, over irregular routes, over irregular routes, transporting: ments of the Interstate Commerce Act of the commodities and between the Foodstuffs, from Milton, Pa., to points and the Commission’s rules and regula­ points indicated in the findings herein. in Alabama, Arkansas, Florida, Georgia, tions thereunder. Because it is possible An order of the Commission, Operating Kansas, Louisiana, Mississippi, Missouri, that other parties, who have relied upon Rights Board No. 1, dated January 26, Nebraska, Oklahoma, Tennessee, and the notice of the' application as pub­ 1966, and served February 7, 1966, finds Texas, and exempt commodities, on re­ lished, may have an interest in and would that the present and future public con­ turn. be prejudiced by the lack of proper no­ venience and necessity require operation HEARING: March 15, 1966, at the tice of the authority actually granted will by applicant, in interstate or foreign offices of the Interstate Commerce Com­ be published in the F ederal R egister and commerce, as a common carrier, by mo­ mission, Washington, D.C., before Ex­ issuance of a cetrificate in this proceed­ tor vehicle, over irregular routes, of aminer Edith H. Cockrill. ing will be withheld for a period of 30 business papers, records, and audit ani accounting media (except cash letters) By the Commission, days from the date of such publication, during which period any proper party in between Cincinnati, Ohio, on the one [ s e a l ] H . N e il G a r s o n , interest may file an appropriate protest hand, and, on the other, Erie, Pa. Be­ Secretary, or other pleading. cause it is possible that other parties, [F.R. Doc. 66-1651; Filed, Feb. 15, 1966; No. MC 111729 (Sub-No. 116) (RE- who have relied upon the notice of the 8:48 a.m.] PUBLICATION), filed September 23, application as published, may have an 1965, published F ederal R egister issue interest in and would be prejudiced by of October .21, 1965, and republished, the lack of proper notice of the authority [Notice 878] this issue. Applicant: ARMORED CAR­ described in the findings in this order, a notice of the authority actually granted MOTOR CARRIER APPLICATIONS AND RIER CORPORATION, 222-17 Northern will be published in the F ederal R eg­ CERTAIN OTHER PROCEEDINGS Boulevard, DeBevoise Building, Bayside, N.Y. Applicant’s representative: Rus­ ister, and any proper party in interest F ebruary 11,1966. sell S. Bernhard, Commonwealth Build­ may file an appropriate pleading within a period of 30 days from the date of The following publications are gov­ ing, 1625 K Street NW., Washington, such publication. erned by the new Special Rule 1.247 of D.C., 20006. By application filed Sep­ the Commission’s rules of practice, pub­ tember 23,1965, applicant seeks a certifi­ No. MC 115353 (Sub-No. 6) (Republi- ation), filed May 3, 1965, published lished in the F ederal R egister, issue of cate of public convenience and necessity Federal R egister issue of May 26, 1965, December 3, 1963, which became effec­ authorizing operation, in interstate or nd republished this issue. Applicant: tive January 1,1964. foreign commerce, as a common carrier by motor vehicle, over irregular routes, iOUIS J. KENNEDY, 342 Schuyler Ave- The publications hereinafter set forth lue, Kearny, N.J. Applicant’s represent- reflect the scope of the applications as of electrical wires, conduits, lamps, light .tive: Bert Collins, 140 Cedar Street, New filed by applicant, and may include bulbs, and other electrical supplies, fork 6, N.Y. By application filed May descriptions, restrictions, or limitations toasters, irons, lamp fixtures, and other small electrical household appliances, , 1965, as amended, applicant seeks a which are not in a form acceptable to ►ermit authorizing operations, in inter- the Commission. Authority which ulti­ limited to shipments not to exceed 75 pounds, between the points indicated tate or foreign commerce, as a contract mately may be granted as a result of arrier by motor vehicle, over irregular the applications here noticed will not in the findings below". An order of the Commission, Operating Rights Board outes, of gypsum products and related necessarily reflect the phraseology set tuilding materials, from and to the points forth in the application as filed but also No. 1, dated January 24,1966, and served February 1, 1966, finds that the pres­ ndicated in the findings below, includ- will eliminate any restrictions which are ng to points in Tennessee on and east not acceptable to the Commission. ent and future public convenience and necessity require operation by applicant, u.S. Highway 45; and of rejected and A pplications A ssigned for Oral H earing in interstate or foreign commerce, as a lamaged shipments, on return. An or- ler of the Commission, dated January 25, MOTOR CARRIERS OF PROPERTY common carrier by motor, vehicle, over irregular routes, of electrical supplies 966, and served February 3, 1966, finds No. MC 108884 (Sub-No. 11) (Repub­ and electrical household appliances, hat operation by applicant in interstate lication) , filed August 23,1965, published limited to the transportation of packages >r foreign commerce, as a contract car­ F ederal R egister issue of September 9, not exceeding 75 pounds each, between der by motor vehicle, over irregular 1965, and republished, this issue. Appli­ Philadelphia, Pa., on the one hand, and, ■outes, of gypsum products and building cant: ROGERS AND KASPER, INC., on the other, points in New Jersey. materials (except (1) commodities m >ulk and (2) commodities which because Route 46, Great Meadows, N.J. Appli­ Because it is possibl# that other parties, cant’s representative: Morton E. Kiel, 140 who have relied upon the notice of ap­ >f size or weight require the use of special Cedar Street, New York, N.Y., 10006. By ■quipment), from the plant and ware plication as published, may have an in­ louse sites of Kaiser Gypsum Co., Inc., application filed August 23, 1965, appli­ terest in and would be prejudiced by the cant seeks a certificate of public conven­ it or near Jacksonville, Fla., to points lack of proper notice of the authorities n Georgia, South Carolina, Alabama, ience and necessity authorizing opera­ described in the findings in this order, tion, in interstate or foreign commerce, md that part of Tennessee on and east as a common carrier by motor vehicle, a notice of the authorities actually >f a line beginning at the Tennessee- over irregular routes, of the commodities granted will be published in the F ederal ifississippi State line and extending over from and to the points indicated in the R egister, and any proper party in in­ J.S, Highway 45 to junction U .S . tugn vays 45W and 45E at or near Fairview, findings below, restricted against the terest may file an appropriate pleading hence over U.S. Highway 45E to tne transportation of individual shipments within a period of 30 days from the date rennessee-Kentucky State line, un exceeding 5,000 pounds in weight. An of such publication.

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 NOTICES 2795 continuing contract with Kaiser Gypsum A pplications U nder S ections 5 and vania, New York, Missouri, Illinois, Co., Inc., of Oakland, Calif., will be con­ 210a(b) Michigan, Wisconsin, North Carolina, sistent with the public interest and the The following applications are gov­ Nebraska, Oklahoma, South Carolina, national transportation policy; tfrat ap­ erned by the Interstate Commerce Com­ Texas, Kentucky, Virginia, West Vir­ plicant is fit, willing, and able properly mission’s special rules governing notice ginia, Nevada, and New Mexico. Appli­ to perform such service and to conform of filing of applications by motor carriers cation has been filed for temporary au­ to the requirements of the Interstate of property or passengers under sections thority under section 210a(b). Commerce Act and the Commission’s 5(a) and 210a (b) of the Interstate Com­ No. MC-F-9332. Authority sought for rules and regulations thereunder. Be­ merce Act and certain other proceeding purchase by TRUCK TRANSPORT, IN ­ cause it is possible that other parties, with respect thereto (49 CFR 1.240). CORPORATED, 707 Market Street, St. who have relied upon the notice of the Louis, Mo., 63101, of a portion of the op­ application as published may have an MOTOR CARRIERS OF PROPERTY erating rights and certain property of L. interest in and would be prejudiced by NO. MC-F-9274 (RED BALL MOTOR A. TUCKER TRUCK LINES, INCOR­ the lack of proper notice of the authority FREIGHT, INC.—Control—STASI MO­ PORATED, 321 North Spring Street, described in the findings in this order, TOR FREIGHT, IN C .), published in the Cape Girardeau,- Mo., and for acquisi­ a notice of the authority actually granted December 8, 1965, issue of the F ederal tion by ROBERT B. SCHILLI, 1931 F ederal R egister will be published in the R egister on page 15192. By petition North Geyer Road, St. Louis, Mo., of and issuance of a permit in this proceed­ and amendment filed February 8, 1966, control of such rights and property ing will be withheld for a period of 30 applicants seek, to amend the applica­ through the purchase. Applicants’ at­ days from the date of such publication, tion to include merger in lieu of control torney: Thomas F. Kilroy, Colorado during which period any proper party in only. Building, Washington, D.C. Operating interest may file an appropriate protest No. MC-F-9327. Authority sought rights sought to be transferred: Cal­ or other pleading. for control and merger by WARSAW cium, carbonate of lime, and limestone, in bulk, in hopper type equipment, as a Applications for C ertificates or P er­ TRUCKING CO., INC., 1102 West common carrier, over irregular routes, m it s W h ic h A re T o B e P rocessed C o n ­ Winona Avenue, Warsaw, Ind., of the op­ from Sainte Genevieve, Mo., to points currently W it h A pplications U nder erating rights and property of UNGER in Illinois (except those in Madison Section 5 G overned b y S pecial R ule TRUCKING COMPANY, INC., 660 Erie County, 1 1 1 .). Vendee is authorized to 1.240 to the E xtent A pplicable Street, Wabash, Ind., and for acquisition by WARREN E. HYGEMA and GUY E. operate as a common carrier in Illinois, No. MC 3598 (Sub-No. 4), filed Febru­ HYGEMA, both also of Warsaw, Ind., of Missouri, Indiana, Kansas, Wisconsin, ary 1, 1966. Applicant: WOOSTER EX­ control of such rights and property Kentucky, Tennessee, Iowa, Oklahoma, PRESS, INC., 150 Strong Road, South through the transaction. Applicants’ at­ Arkansas, Ohio, Nebraska, Michigan, Windsor, Conn. Applicant’s representa­ torney: Robert A. Sullivan, 1800 Buhl Minnesota, North Dakota, South Dakota, tive: Reubin Kaminsky, Suite 223, 410 Building, D etroit, Mich. Operating Texas, Mississippi, Alabama, Colorado, Asylum Street, Hartford, Conn. Author­ rights sought to be controlled and Wyoming, and Louisiana. Application ity sought to operate as a common car­ merged. N o te : The following operating has been filed for temporary authority rier, by motor vehicle, over irregular rights are presently in the name of under section 210a(b). routes, transporting: General commodi­ FLOYD L. UNGER, doing business as No. MC-F-9333. Authority sought for ties, including household goods and of­ UNGER TRUCKING COMPANY. purchase by SIDEVAN, INC., McEldow- fice furniture and equipment (but ex­ VIOLA G. UNGER is solé heir of FLOYD ney Building, Winchester, Ky., 40391, of cluding commodities which necessitate L. UNGER, deceased. She is presently in a portion of the operating rights of the use of dump trucks, tank trucks, or the process of correcting and amending YE AR Y TRANSFER COMPANY, INC., special equipment), from South Windsor, the Commission’s records to reflect the Post Office Box 398, Lexington, Ky., and Conn., to points in Connecticut. N o t e : transfer of rights from FLOYD L. for acquisition by EDWIN N. YEARY, Applicant states the purpose of this ap­ UNGER, doing business as UNGER 4004 Versailles Road, Lexington, Ky., plication is to convert certificate of regis­ TRUCKING COMPANY, to UNGER W ILLIAM HAYS, McEldowney Building, tration, MC 120301, Sub 2 into a certifi­ TRUCKING COMPANY, INC,: Rock Winchester, Ky., and Richard Ross, 209 cate of public convenience and necessity. wool, as a common carrier, over irregular Clemson Street, Laurens, S.C., of con­ This is a matter directly related to MC- routes, from Lagro, Wabash and Hunt­ trol of such rights through the purchase. F-9334. ington, Ind., to Louisville, Ky., St. Louis, Applicants’ attorney: Harry Ross, 848 No. MC 120287 (Sub-No. 2), filed De­ Mo., and points in Illinois, Ohio, and Warner Building, Washington, D.C. cember 20, 1965. Applicant: K & B Michigan; mineral wool (rock or slag), Operating rights sought to be trans­ TRUCK LINES, INC., 600 North Hous­ from Huntington, Lagro, and Wabash, ferred: Tobacco and tobacco products ton, Amarillo, Tex. Authority sought to Ind., to points in Kentucky (except Louis­ (manufactured and unmanufactured), operate as a common carrier, by motor ville) ; heavy machinery, from Wabash, and articles incidental to the transporta­ vehicle, over regular routes, transport­ Ind., to Louisville, Ky:, and points in Il­ tion of tobacco and tobacco products, ing: General commodities, (1) between linois, Ohio, and Michigan; air louvres, (manufactured and unmanufactured), Happy and Amarillo, Tex., over U .S . caulking and glazing compounds, doors, as a contract carrier, over irregular Highway 87, serving all intermediate windows, sash and screens and parts and routes, between Danville, Va.f and Points; (2) (a) between Claude and Am- fittings thereof, and electric ventilating Greensboro, N.C., on the one hand, and, rfhto-Tex.,over U.S. Highway 287, serv- fans, from Wabash, Ind., to points in Illi­ on the other, Lexington and Louisville, ng all intermediate points; (b) between nois, Michigan, and Ohio (except Cincin­ Ky., and Cincinnati, Ohio, between waude and Groom, Tex., from Claude nati, Ohio). Restriction: The separate Louisville and Lexington, Ky., on the nver Texas Highway 15 to junction U.S. grants of authority described above shall one hand, and, on the other, Lancaster, lghway 66, thence over U.S. Highway not be tacked or joined, directly or in­ Pittsburgh, Harrisburg, and Scranton, Jj ^ room> and return over the same directly for the purpose of performing Pa., Camden, Spottswood, and Jersey m u .serv*nS all intermediate points; any through service; and mineral wool City, N.J., East Hartford and Windsor, rJ, between Amarillo, Tex., and Pantex (rock, slag, or glass), and products there­ Conn., Albany and Ancram, N.Y., Min­ 5lna.n ce Plant and Amarillo Army Air- of, from Wabash, Ind., to St. Louis, Mo., neapolis, Minn., and points in Wisconsin. from Amarillo over U.S. Highway and points in Illinois, Kentucky, Michi­ Restriction: The authority granted here­ wav ,an*landle, thence over Texas High­ gan, and Ohio. WARSAW TRUCKING in is subject to the following conditions: l i t 15 Conway, thence over U.S. CO., INC., is authorized to operate as a The operations authorized herein are tha Way Groom, and return over common carrier in Indiana, Alabama, limited to a transportation service to be *a* e route, serving' all intermediate California, Florid a, Georgia, Iowa, performed, under a continuing contract and (4) between Conway and Arkansas, Mississippi, Tennessee, Ohio, or contracts, with P. Lorillard Co. The an an °’ Tex" over u s - Highway 66, as Maryland, Arizona, Colorado, Connecti­ authority granted herein shall be sub­ dia* terna,te route, serving no interme- cut, Delaware, Kansas, Louisiana, Maine, ject to the right of the Commission, Poini's- Note: This is a matter di- Massachusetts, New Hampshire, New which is hereby expressly reserved, to ectiy related to MC-F-9302. Jersey, Rhode Island, Vermont, Pennsyl­ impose such terms, conditions, or limita-

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2796 NOTICES tions in the future as it may find neces­ cester, and Salem Counties, N.J., between No. MC-F-9337. Authority sought for sary in order to insure that carrier’s points in Bergen, Essex, Hudson, Middle­ purchase by DON WARD, INC., 241 West operations shall conform to the provi­ sex, Morris, Passaic, Somerset, and Union 56th Avenue, Denver, Colo., of a portion sions of section 210 of the Act. SIDE- Counties, N.J., on the one hand, and, on of the operating rights and certain prop­ VAN, INC., holds no authority with this the other, New York, N.Y., points in erty Highway 9 Charles H. Haines, Jr., Equitable Build­ see, Virginia, West Virginia, Wisconsin, (formerly shown as Massachusetts High­ ing, Denver, Colo., 80202, and Robert C. Texas, Louisiana, Massachusetts, and way 90), to the Connecticut River. Stetson, 175 Linfield Drive, Menlo Park, Delaware. Application has not been TOSE, INC., is authorized to operate as Calif. Operating rights sought to be filed for temporary authority under sec­ a common carrier in Pennsylvania, New transferred: Perlite rock, crude or proc­ tion 210a(b). York, Maryland, New Jersey, Delaware, essed, as a common carrier, over irregu­ No. MC-F-9334. Authority sought for Virginia, and the District of Columbia. lar routes, from points in Taos County, purchase by WOOSTER EXPRESS, INC., Application has been filed for temporary N. Mex., to Antonito, Colo., and points 150 Strong Road, South Windsor, Conn., authority under section 210a(b). within 8 miles thereof.. Vendee is au­ of the operating rights of HAMILTON No. MC-F-9336. Authority sought for thorized to operate as a common carrier EXPRESS, INC. (BURTON A. GREEN­ purchase by EVERETT LOWRANCE, in Utah, Colorado, New Mexico, Wyo­ SPAN, TRUSTEE-IN-BANKRUPTCY), 4916 Jefferson Highway, Post Office Box ming, Nebraska, South Dakota, Montana, 50 State Street, Hartford, Conn., and for 10216), New Orleans, La., 70121, of a and Iowa. Application has not been filed acquisition by JOSEPH RAVALESE, portion of the operating rights of for temporary authority under section 1028 Farmington Avenue, West Hartford, BARSH TRUCK LINES, INC., Post Of­ 210a(b). Conn., PATSY RAVALESE, 50 Hunter fice Box 899, Sapulpa, Okla., 74066. Ap­ No. MC-F-9338. Authority sought for Drive, West Hartford, Conn., and plicants’ attorney: Harold R. Ainsworth, control and merger by C & H TRANS­ JOSEPH RAVALESE, JR., I l l Meadow 2307 American Bank Building, New PORTATION CO., INC., 1935 West Com­ Lane, West Hartford, Conn., of control of Orleans, La., 70130. Operating rights merce Street, Dallas, Tex. (Mailing ad­ such rights through the purchase. Ap­ sought to be transferred: Frozen fruit dress: Post Office Box 5976, Dallas, Tex., plicants’ attorney and representative: juices and frozen fruit concentrates, in 75222), of the operating rights and prop­ Reubin Kaminsky, 410 Asylum Street, mixed loads of canned citrus products, erty of JEFFRIES-EAVES, INC., 333 Hartford, Conn., and Burton A. Green­ as a common carrier-, over irregular Osuna Road NW., Albuquerque, N. Mex.,# span, 50 State Street, Hartford, Conn. routes, from points in Florida to points and for acquisition by W. O. HARRING­ Operating rights sought to be trans­ in Arkansas, Iowa, Kansas, Missouri, TON, Coppell, Tex., of control of such ferred: Under a certificate of registra­ Nebraska (except Omaha and Lincoln), rights and property through the trans­ tion, in Docket No. MC-120301 (Sub-No. and Oklahoma; glassware, from Tulsa, action. Applicants’ attorneys: W. T. 2), covering the transportation of gen­ Sand Springs, and Sapulpa, Okla., to St. Brunson, 419 Northwest Sixth Street, eral commodities, including household Louis, Joplin, Springfield, and Carthage, Oklahoma City, Okla., 73102, and O. Rus­ goods and office furniture and equipment Mo., Cheyenne and Casper, Wyo., and sell Jones, 207 Bokum Building, Santa Fe, (but not including commodities which points in Arkansas, Texas, New Mexico, N. Mex., 87501. Operating rights sought necessitate the use of dump trucks, tank Colorado, and Kansas, from Sapulpa, to be controlled and merged: Lumber and trucks, or special equipment) for hire, Okla., to Phoenix, Tucson, Nogales, Bis- forest products, as a common carrier, as a common carrier, in intrastate com­ bee, and Flagstaff, Ariz., and points in over a regular route, from Sawmill, Ariz., merce, from its headquarters in South Mississippi, Alabama, Georgia, and Flor­ to Gallup, N. Mex., serving no intermedi­ Windsor and upon call received at its ida, glass containers from Sand Springs ate points; such commodities as require headquarters between any point within and Muskogee, Okla., to points in Ari­ special handling or rigging because of the State of Connecticut, as may be nec­ zona and Mississippi, and canned citrus size or weight, over irregular routes, be­ essary in the performance of its common products, from Bartow, Fla,, to points tween points in New Mexico, Arizona, within 50 miles thereof, to points in carrier service. Vendee is authorized to Texas, and Colorado; machinery, mate­ operate as a common carrier in Massa­ Arkansas, Oklahoma, Kansas, Missouri, rials, supplies, and equipment, incidental chusetts, New Jersey, and Connecticut. Iowa, and Nebraska (except Omaha and to, or used in, the construction, develop­ Application has been filed for temporary Lincoln). Restriction: The operations ment, operation, and maintenance of fa­ authority under section 210a(b). N o t e : authorized herein shall be conducted cilities for the discovery, development, separately from carrier’s other activities; Docket No. MC-3598 (Sub-No. 4) is a and production of natural gas and petro­ separate accounts and records for each matter directly related. leum, between points in Wyoming, Mon­ activity shall be maintained; and carrier No. MC-F-9335. Authority sought for tana, Utah, Colorado, North Dakota, control by TOSE, INC., 64 West Fourth shall not transport property both as a for-hire carrier and as a private carrier South Dakota, and Nebraska; pipe, Pipe­ Street, Bridgeport, Pa., 19405, of O’CON­ line materials, machinery, supplies, ana at the same time in the same vehicle. NOR’S EXPRESS, 400 Delancey Street, equipment, incidental to, or used in, Newark, N.J., 07105. Applicant’s attor­ Vendee is authorized to operate as a construction, repairing, maintenance, ney: Paul Coyle, 5631 Utah Avenue NW., common carrier in Alabama, Arizona, Arkansas, California, Colorado, Florida, and dismantling of gas, gasoline, a'ncl Washington, D.C. Operating rig h ts pipelines, including the stringing of P P > Georgia, Illinois, Indiana, Iowa, Kansas, sought to be controlled: General com- between points in Wyoming, Montana, modities, exceptin g, among others, Kentucky, Louisiana, Michigan, Minne­ household goods and commodities in sota, Mississippi, Missouri, Nebraska, Utah, and Colorado. bulk, as a common carrier, over irregular New Mexico, North Dakota, Ohio, Okla­ Commodities (other than petro e homa, South Dakota, Tennessee, Texas, products, in bulk), used in, or ^ con­ routes, between New York, N.Y., and nection with, the construction, repair points in Nassau and Westchester Coun­ Virginia, West Virginia, Wisconsin, W y­ oming, M ontana, North Carolina, and maintenance of dams and P<> ties, N.Y., on the one hand, and, on the plants, between points in Hot Spring < other, points in that part of Pennsyl­ Oregon, South Carolina, Utah, Washing­ Fremont, Carbon, and Natrona Coun vania within 120 miles of Newark, N.J., ton, and Idaho. Application has not ties,'Wyo.; machinery, equipment, wa and those in New Jersey, not including been filed for temporary authority un­ rials, and supplies, used in, or in conne those in Cape May, Cumberland, Glou­ der section 210a(b).

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY. FEBRUARY 16, 1966 NOTICES 2797 tion with, the discovery, development, Road, Burlington, Mass., 01801, of the tract carrier in Wisconsin, Pennsylvania, production, refining, manufacture, proc­ operating rights of BRASS CITY EX­ Texas, Illinois, Iowa, Minnesota, Mis­ essing, storage, transmission, and dis­ PRESS, INC., 300 Chase River Road, souri, and Arkansas. Application has not tribution of natural gas and petroleum Waterbury, Conn., and for acquisition been filed for temporary authority under and their products and byproducts; and by ROBERT W. HOTIN, also of Burling­ section 210a(b). machinery, materials, equipment, and ton, Mass., of control o f such rights By the Commission. supplies, used in, or in connection with, through the purchase. Applicants’ at­ the construction, operation, repair, serv­ torneys: Thomas W. Murrett, 410 Asylum [ seal] H, N eil G arson, icing, maintenance, and dismantling of Street, Hartford, Conn., and Kenneth Secretary. pipelines, including the stringing, and B. Williams, 111 State Street, Boston, [F.R. Doc. 66-1652; Filed, Feb. 15, 1966; picking-up thereof, between points in Mass. Operating rights sought to be 8:48 a.m.] Oklahoma, and Kansas, between points transferred: Under a certificate of regis­ in Arkansas, Colorado, and Texas, be­ tration, in Docket No. MC-120819 (Sub- tween points in Arkansas, Colorado, and No. 1), covering the transportation of [Notice 1301] Texas, on the one hand, and, on the property for hire as a motor common other, points in Oklahoma, and Kansas; carrier, in intrastate commerce, within MOTOR CARRIER TRANSFER heavy machinery, requiring special han­ the State of Connecticut. Vendee is au­ PROCEEDINGS dling and equipment because of size or thorized to operate as a common carrier F ebruary 11, 1966. in New York, Massachusetts, Connecti­ weight, between points in Arkansas, Synopses of orders entered pursuant to Kansas, Missouri, Oklahoma, and Texas; cut, and Rhode Island. Application has section 212(b) of the Interstate Com­ machinery, equipment, materials, and been filed for temporary authority under merce Act, and rules and regulations supplies used in, or in connection with section 210a(b). N o te : N o. MC-114877 the construction, operation, repair, serv­ (Sub-No. 3)j a matter directly related. prescribed thereunder (49 CFR Part 179), appear below: icing, maintenance, and dismantling of N o t e : I f a hearing is deemed necessary, pipelines, other than pipelines used for Applicant requests it to be held at Hart­ As provided in the Commission’s spe­ the transmission of natural gas, petro­ ford, Conn. cial rules of practice any interested per­ leum, their products and byproducts, No. MC-F-9340. Authority sought for son may file a petition seeking reconsid­ water, or sewerage, restricted to the purchase by NITEH AW K EXPRESS, eration of the following numbered transportation of shipments moving to INC., 2334 University Avenue, St. Paul proceedings within 20 days from the date or from pipeline rights of way, between 14, Minn., of the operating rights of of publication of this notice. Pursuant points in Wyoming, Montana, Utah, Col­ JAMES LA CASSE, doing business as to section 17(8) of the Interstate Com­ orado, North Dakota, South Dakota, and NITEHAWK EXPRESS, 2334 University merce Act, the filing of such a petition Nebraska, between points in Oklahoma Avenue, St. Paul 14, Minn., and for ac­ will postpone the effective date of the and Kansas, between points in Arkan­ quisition by JAMES LA CASSE, also of order in that proceeding pending its dis­ sas, Colorado, and Texas, between points St. Paul 14, Minn., of control of such position. The matters relied upon by in Arkansas, Colorado, and Texas, on rights through the purchase. Applicants’ petitioners must be specified in their the one hand, and, on the other, points attorney: Joseph J. Dudley, E -1 5 0 6 First petitions with particularity. in Oklahoma and Kansas. National Bank Building, St. Paul, Minn. No. MC-FC-68437. By order of Feb­ Single or concentric cylinders or con­ Operating rights sought to be trans­ ruary 10, 1966, the Transfer Board ap­ tainers, loaded or empty, which because ferred: Seed, feed, oil meal, and materials proved the transfer to Richard J. Lee, of size, or construction, require special and supplies, incidental to or used in Jerry A. Smith, and Russell O. Brown, a equipment or handling, and accessories, feed and seed business houses, as a con­ partnership, doing business as L & L Fast components and related parts thereof, tract carrier, over irregular routes, be­ Freight, Grass Valley, Calif., of the cer­ moving in connection therewith, except tween Minneapolis, Minn., on the one tificate of registration No. MC-99946 such of the foregoing commodities as are hand, and, on the other, Omaha, Seward, (Sub-No. 1) issued April 29,1965, Melvin used in or in connection with the dis­ Lincoln, and Nebraska City, Nebr., La Crail and Fred Becker, doing business covery, development, production, refin­ Crosse, Wis., and points in Iowa; corn as Georgetown Express, Georgetown, ing, manufacture, processing, storage, (unshelled), during the season extending Calif., evidencing a right to engage in transmission, and distribution of natural from the 15th day of August to the 15th interstate or foreign commerce solely gas and petroleum and their products day of December, inclusive, of each year, within the State of California, transport­ Jjnd byproducts, or in connection with between Hampton, Iowa, and points ing general commodities. John V. Lem­ the construction, operation, repair, serv­ within 25 miles of Hampton, on the one mon, Crocker-Citizens Bank Building, icing, maintenance and dismantling of hand, and, on the other, Waterville, Sacramento, Calif., 95814, attorney for Pipelines, including the stringing and Minn., and points within 25 miles of W a­ applicants. Picking up thereof, between the Nevada terville; and feed ingredients, from the No. MC-FC-68455. By order of Feb­ lest Site of the U.S. Atomic Energy site of the plant of the Allied Chemical ruary 10, 1966, the Transfer Board ap­ commission located near Mercury, Nev., & Dye Corp., Nitrogen Division, near La proved the transfer to William F. Juer- ?.. on the one hand, and, on the other, Albu­ Platte, Nebr., to Mankato, Minneapolis, gens, doing business as “ J” Truck Line, querque and Los Alamos, N. Mex.; and St. Paul, Minn. Restriction: The Petersburg, 111., of the operating rights wmninum pipe or tubing, culvert, and authority granted herein is subject to of “J” Truck Line, Inc., Petersburg, 111., ccessories and parts thereof, from the the right of the Commission, which is in certificate No. MC-118780, issued May e kaiser Aluminum & Chemi- hereby expressly reserved, to impose such 7, 1963, authorizing the transportation, w u l^ ’ Inc-> located near Gallup, terms, conditions, or limitations in the over irregular routes, of agricultural ma­ th jf ex‘* Po^ts in Utah, Colorado, and future as it may find necessary in order chinery and implements, animal and “«■t part of Texas on and north of U.S. to insure that carrier’s operations shall poultry feed, animal and poultry feed in­ Wifu ay 1®®, and on and west of U.S. conform to the provisions of section 210 gredients, concentrates and minerals Tirm 83 • c & H TRANSPORTA- of the act. Vendee holds no authority used in the mixing of animal and poultry a w c O > INC., is authorized to operate from this Commission. However, it is feed and calf meal, baled straw, brick, carrier in all States in the affiliated with (1) HINES TRANSFER, tile and clay products, building materials, Did* * a*es Usiy°‘ 24011 ^ a matter flled simul" (1) as a common carrier in Minnesota, commodities indicated. Mack Stephen­ Illinois, Indiana, Iowa, Kansas, Michigan, son, 42 Fox Mill Lane, Springfield, 111., f0?°' ^C-F-9339. Authority sought Missouri, Nebraska, North Dakota, South 62707, attorney for applicants. FRPTrSase by CARGO-IMPERIAL Dakota, Wisconsin, Montana, Arkansas, No. MC—FC-68511. By order of Feb­ NT LINES, INC., 91 Mountain Oklahoma, and Texas, and (2) as a con­ ruary 10, 1966, the Transfer Board ap-

FEDERAl REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2798 NOTICES proved the transfer to United Marlboro rate, and setting date for hearing, issued Carriers Corp., a corporation, New York, FEDERAL MARITIME COMMISSION January 19, 1966, and published in the N.Y., of a portion of the operating rights F ederal R egister February 3, 1966 (F.R. in certificate No. MC-55387, issued Octo­ ITALY SOUTH FRANCE/U.S. GULF Doc. 66—1109, 31 FR—1339), correct the ber 16, 1963, to L. T. Stevenson Motor CONFERENCE word “charged” to read “changed” in Lines, Inc., Woodside, Long Island, N.Y., ordering paragraph (D). authorizing the transportation, over ir­ Notice of Agreement Filed for Approval G ordon M. G rant, regular routes, of : General commodities, Acting Secretary. with the usual exceptions, between points Notice is hereby given that the follow­ in the New York, N.Y., commercial zone, [F.R. Doc. 66—1618; Filed, Feb. 15, 1966; ing agreement has been filed with the 8:45 a.m.] on the one hand, and, on the other, points Commission for approval pursuant to in Hudson, Bergen, Passaic, Morris, Es­ section 15 of the Shipping Act, 1916, as [Docket No. CP66-242] sex, Union, and Middlesex Counties, N.J. amended (39 Stat. 733, 75 Stat. 763, 46 Morton E. Kiel, 140 Cedar Street, New U.S.C. 814). CHICAGO DISTRICT PIPELINE CO. York, N.Y., attorney for transferee. Interested parties may inspect and ob­ Notice of Application W. D. Traub, 10 East 40th Street, New tain a copy of the agreement at the York, N.Y., attorney for transferor. Washington Office of the Federal Mari­ F e b r u a r y 8,1966. [ seal] H. N eil G arson, time Commission, 1321 H Street NW., Take notice that on January 28, 1966, Secretary. Room 609; or may inspect agreements at Chicago District Pipeline Co. (Appli­ the offices of the District Managers, New [F.R. Doc. 66-1653; Filed, Feb. 15, 1966; cant) , 122 South Michigan Avenue, Chi­ 8:48 ajn .] York, N.Y., New Orleans, La., and San cago, 111., 60603, filed in Docket No. CP66- Francisco, Calif. Comments with refer­ 242 an application pursuant to section ence to an agreement including a request 7(c) of the Natural Gas Act for a cer­ FOURTH SECTION APPLICATIONS for hearing, if desired, may be submitted tificate of public convenience and neces­ FOR RELIEF to the Secretary, Federal Maritime Com­ sity authorizing the construction and op­ mission, Washington, D.C., 20573, within eration of certain natural gas facilities, F ebruary 11, 1966. 20 days after publication of this notice in all as more fully set forth in the appli­ Protests to the granting of an appli­ the F ederal R egister. A copy of any cation which is on file with the Commis­ cation must be prepared in accordance such statement should also be forwarded sion and open to public inspection. with Rule 1.40 of the general rules of to the party filing the agreement (as in­ Specifically, Applicant proposes to com practice (49 CFR 1.40) and filed within dicated hereinafter) and the comments struct and operate an odorizer facility, 15 days from the date of publication of should indicate that this has been done. a side tap connection on its existing 36- inch Calumet No. 3 line, and approxi­ this notice in the F ederal R egister. Notice of agreement filed for approval by: mately 380 feet of 36-inch pipeline con­ L o ng- and-S hort H aul Mr. Henry G. Diaz, Interim Chairman, Lykes necting said side tap with the facilities FSA No. 40299— Clay from Ochlocknee, Lines Agency, Inc., Post Office Box 1095, of Natural Gas Pipeline Co., of America Ga. Filed by O. W. South, Jr., agent Piazza Corvetto, 2-7, Genoa, Italy. (Natural) proposed in its application (No. A4852), for interested rail carriers. filed in Docket No. CP66-169 on Decem­ Agreement 9522, between Central Gulf ber 1, 1965 (30 F.R. 15383K Applicant Rates on clay, kaolin or pyrophyllite, in Steamship Corp., Concordia Line, Con­ proposes to construct and operate the carloads, from Ochlocknee, Ga., to points stellation Line, Creole Line, Fabre Line, in southern, official (including Illinois) odorizer facility on a meter site to be Hansa Line, Jugolinija, Lykes Bros. owned and operated by Natural at the and western trunkline territories. Steamship Co., Inc., Sidarma Line, and terminus of Natural’s proposed 36-inch Grounds for relief—Market competi­ Zim Israel Navigation Co., Ltd., proposes Herscher-Dyer Road pipeline in Cook tion. the creation of a new Conference, the County, 111. Applicant states that the Tariff—Supplement 202 to Southern Italy South France/U.S. Gulf Confer­ proposed facilities will be utilized to re­ Freight Association, agent, tariff ICC ence, to promote commerce in the trade ceive and transport for the account of S-40. from all Italian ports (Ventimiglia to the its customers volumes of gas for which FSA No. 40300— Class and commodity Yugoslav border) including islands, its customers have contracted. Natural rates from and to Van Zant, N.C. Filed French Mediterranean ports to San Juan, has applied for certificate authorization by O. W. South, Jr., agent (No. A4855), P.R., and U.S. South Atlantic and Gulf of in the aforementioned Docket No. CP66- for interested rail carriers. Rates on Mexico ports (Morehead City, N.C., to 169 to construct and operate the proposed property moving on class and commodity Brownsville, Tex., both inclusive) by es­ Herscher-Dyer Road pipeline and to rates, between Van Zant, N.C., on the one tablishing and maintaining a uniform transport and sell the volumes of natural hand, and points in the United States freight tariff under terms and conditions gas which Applicant proposes to receive and Canada, on the other. set forth in the agreement. and transport through the facilities pro* Grounds for relief—New station and Dated: February 11, 1966. posed in the instant application. grouping. Applicant states that the volumes oi FSA No. 40301—Pulpboard or fiber- By order of the Federal Maritime Com­ gas which it proposes to receive ana board to Chicago, III. Filed by Traffic mission. transport through the facilities proposea Executive Association-Eastern Railroads, T homas L is i, by the instant application will not cause agent (E.R. No. 2826), for interested rail Secretary. an increase in the volumes of gas wnic carriers. Rates on pulpboard or fiber- Applicant is currently authorized board, n.o.i.b.n., in carloads, from Big Is­ [F.R. Doc. 66-1647; Filed, Feb. 15, 1966; 8:48 a.m.] tirRii sport; f land, Buena' Vista, Covington, Lynch­ The total estimated cost of Applicant’s burg, and Richmond, Va., to Chicago, 111., proposed construction is $116,000, wnic and points taking same rates. will be financed with funds on hand. Grounds for relief—Market competi­ FEDERAL POWER COMMISSION Protests or petitions to intervene m y tion. [Docket No. RI66-247] be filed with the Federal Power Commis­ Tariff— Supplement 61 to Traffic Ex­ sion, Washington, D.C., 20426, in acco - ecutive Association-Eastern Railroads, ASHLAND OIL & REFINING CO. ance with the rules of practice a agent, tariff ICC C-366. Order Providing for Hearing on and procedure (18 CFR 1.8 or 1.10) and toe By the Commission. regulations under the Natural Gas Suspension of Proposed Change in (157.10) on or before February 28, ijo • [ seal! H. N e il G arson, Rate; Correction Take further notice that, pursuan Secretary. F ebruary 3,1966. the authority contained in and . [F.R. Doc. 66-1654; Filed, Feb. 15, 1966; In the order providing for hearing on to the jurisdiction conferred UP®?* 7 8:48 a.m.] and suspension of proposed change In Federal Power Commission by sections

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 NOTICES 2799

and 15 of the Natural Gas Act and the 10-cent formula, Respondent construct of the Commission directing Michigan Commission’s rules of practice and pro­ approximately 5.1 miles of 4 ^ -inch O.D. Wisconsin Pipe line Co. (Respondent) cedure, a hearing will be held without lateral pipeline and that the community to establish physical connection of its further notice before the Commission on of Princeton construct 11 miles of S c ­ transportation facilities with the facili­ this application if no protest or petition inch O.D. pipeline joining Respondent’s ties proposed to be constructed by Ap­ to intervene is filed within the time re­ pipeline at a point between the com­ plicants and to sell and deliver to Appli­ quired herein, if the Commission on its munities of Mercer and Lineville. cants volumes of natural gas for resale own review of the matter finds that a The application states that Lineville and distribution in each of the Applicant grant of the certificate is required by the and Mercer will construct and operate communities, all as more fully set forth public convenience and necessity. I f a their own municipal gas systems and in the application which is on file with protest or petition for leave to intervene that Princeton will construct and operate the Commission and open to public is timely filed, or if the Commission on a municipal gas system and a metering inspection. its own motion belieyes that a formal station at Mercer in addition to the The application states that the com­ hearing is required, further notice of aforementioned 11 miles of pipeline. munity of Unionville is located hi Put­ such hearing will be duly given. The total estimated volumes of natural nam County in north central Missouri, Under the procedure herein provided gas necessary to meet Applicants’ annual and has an estimated population of 2,000. for, unless otherwise advised, it will be and peak day requirements for the initial The application further states that Un­ unnecessary for Applicant to appear or 3-year period of proposed operations are ionville is situated approximately 17 be represented at the hearing. stated to be: miles due south of the nearest point on that part of Respondent’s main trans­ G ordon M . G rant, Acting Secretary. Year of operation mission line which traverses southern Iowa. [F.R. Doc. 66-1619; Piled, Feb. 15, 1966; First Second Third The application states that Milan is 8:45 a.m.] year year year located in Sullivan County, Mo., approx­ imately 21 miles due south of Unionville [Docket No. CP66-240] Annual requirements: and has a population of approximately 49,397 69,207 90,239 1,800. MICHIGAN WISCONSIN PIPE LINE CO., 14,180 18,367 25,266 Lineville...... 17,912 26,015 31,164 Applicants propose to construct, own ET AL. and operate municipal gas distribution 81,489 113,589 146,669 systems within their respective borders Notice of Application Peak day requirements: and Milan proposes to construct and own 517 675 887 F ebruary 8, 1966. 147 192 262 an additional 21 miles o f 3^2-inch O.D. Take notice that on January 27, 1966, Lineville___ . . . . . 176 258 310 transmission pipeline extending south from Unionville to Milan. the cities of Princeton and Mercer, Mo., Total______840 1,125 1,459 and Lineville, Iowa (Applicants), filed in Iowa Southern Utilities Co. (Iowa Docket No. CP66-240 an application pur­ Southern)', by a separate application suant to section 7 (a) of the Natural Gas The total estimated costs to the cities pursuant to section 7(a) of the Natural Act for an order of the Commission di­ of Lineville and Mercer of constructing Gas Act filed concurrently with the in­ recting Michigan Wisconsin Pipe Line their proposed distribution systems are stant application in Docket No. CP66- Co. (Respondent) to establish physical approximately $89,000 and $55,000, re­ 239, proposes to construct, own and op­ spectively. The total estimated cost to connection of its transmission facilities erate a natural gas distribution system the city of Princeton of constructing its with the facilities proposed to be con­ in the community of Cincinnati, Iowa, distribution system and the portion of structed by Applicants and to sell and which community is located approxi­ the lateral transmission line from the deliver to Applicants certain volumes of mately 7.5 miles south of Respondent’s natural gas for resale and distribution in terminus of Respondent’s portion of the main transmission pipeline in Iowa and lateral line to Mercer and Princeton is the respective Applicant communities, all in the same southerly direction as the as more fully set forth in the application approximately $315,000. Applicant communities. By its concur­ Financing of Applicant’s proposed which is on file with the Commission and rent application Iowa Southern requests open to public inspection. facilities will be by means of Gas Reve­ an order directing Respondent to con­ nue Bonds to be issued separately by the struct the necessary lateral pipeline as The application states that the com­ three cities. munity of Lineville is located in Wayne determined by Respondent’s 10-cent Protests or petitions to intervene may County, Iowa, on the Iowa-Missouri bor­ formula and to sell and deliver to Iowa be filed with the Federal Power Com­ Southern at a point near Cincinnati the der, approximately 3 miles due south of mission (Washington, D.C., 20426, in ac­ me nearest point on that part of Re­ natural gas required for distribution in cordance with the rules of practice and spondent’s main transmission line which Cincinnati. procedure (18 CFR 1.8 or 1.10) on or Applicants state that in view of the traverses southern Iowa. The applica­ before February 28, 1966. tion further states that the community location of the three communities of Cin­ of Mercer is located in Mercer County, G ordon M. G rant, cinnati, Iowa, and Unionville and Milan, Mo., approximately 5 miles due south of Acting Secretary. Mo., it is proposed that the gas require­ Lineville, and has a population of ap­ ments of the three communities be [F.R. Doc. 66-1620; Filed, Feb. 15, 1966; transported and delivered to each of proximately 377, and that the community 8.45 a.m.] oi Princeton is also situated in Mercer them by means of a single lateral trans­ “ P * M°., approximately 8 miles south mission line. Accordingly, Applicants propose that Respondent construct, oi the community of Mercer. Princeton [Docket No. CP66-238] nas an estimated population of 1,506. using its, 10-cent formula, approximately W c m t s state that in view of the 17 miles of lateral pipeline extending MICHIGAN WISCONSIN PIPE LINE CO., from its main transmission line in a cation of the three communities, all in ET AL. southerly direction from the same southerly direction to the community of wint on Respondent’s main transmis- Notice of Application Cincinnati and thence to the community of Unionville where it will join the pipe­ p sys^em and all in close proximity to cn other, it is proposed that the gas F ebruary 8, 1966. line proposed to be constructed by Milan. quirements of the three communities Take notice that on January 27, 1966, The total estimated volumes of natural t w auSported and delivered to each of the cities of Unionville and Milan, Mo. gas necessary to meet Applicants’ annual nr by means of a single lateral trans- (Applicants), filed in Docket No. CP66- and peak day requirements for the initial nrJ!!?n J*ne* Accordingly, Applicants 238 an application pursuant to section 3-year period of proposed operations are Pose that on the basis of Respondent’s 7(a) of the Natural Gas Act for an order stated to be:

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 No. 32------5 2800 NOTICES

Unionville [Docket No. CP66-243] the jurisdiction conferred upon the Fed­ eral Power Commission by sections 7 First Second Third EL PASO NATURAL GAS CO. and 15 of the Natural Gas Act and the year year year Notice of Application Commission’s rules of practice and pro­ cedure, a hearing will be held without 113,364 173,618 207,925 further notice before the Commission 1,125 1,528 % 867 F ebruary 8,1966. Take notice that on January 28, 1966, on this application if no protest or peti­ tion to intervene is filed within the time Milan El Paso Natural Gas Co. (Applicant), Post Office Box 1492, El Paso, Tex., 79999, required herein, if the Commission on its own review of the matter finds that Annual (M cf)______■ 191,839 235,284 262,959 filed in Docket No. CP66-243 an applica­ Peak day (M cf)______¿ 980 1,317 1,592 tion pursuant to section 7 (c) of the Nat­ a grant of the certificate is required by ural Gas Act for a certificate of public the public convenience and necessity. If a protest or petition for leave to inter­ The total estimated cost to the city of convenience and necessity authorizing the sale and delivery of natural gas to vene is timely filed, or if the Commission Unionville of constructing its proposed on its own motion believes that a formal distribution system is approximately The Washington Water Power Co. (Water Power) for transportation to and hearing is required, further notice of $450,000. The total estimated cost to the such hearing will be duly given. city of Milan of constructing its distri­ resale and general distribution in the community of Medical Lake, Wash., and Under the procedure herein provided bution system and the transmission line for, unless otherwise advised, it will be from Unionville to Milan is approxi­ environs, all as more fully set forth in the application which is on file with the unnecessary for Applicant to appear or mately $515,000. be represented at the hearing. Protests or petitions to intervene may Commission and open to public inspec­ be filed with the Federal Power Commis­ tion. G ordon M. G rant, sion, Washington, D.C., 20426, in accord­ The application states that deliveries Acting Secretary. ance with, the rules of practice and pro­ of natural gas to Water Power will be cedure (18 CFR 1.8 or 1.10) on or before made at the outlet of Applicant’s exist­ [F.R. Doc. 66-1623; Filed, Feb. 15, 1966; 8:45 a.m.] February 28,1966. ing Eastern State Hospital and Lake­ land Meter Station (authorized by order G ordon M . G rant, issued in Docket No. G-1429, 13 FPC 221 Acting Secretary. (1954)), without additional facilities to [Project No. 1971] [F.R. Doc. 66-1621; Filed, Feb. 15, 1966; be constructed by Applicant, and that IDAHO POWER CO. 8:45 a.m.] Water Power will transport the gas to points of resale and distribution in the Notice of Application for Amendment [Docket No. E-7268] community of Medical Lake, Wash. Ap­ of License for Constructed Project DAYTON POWER AND LIGHT CO. plicant states that the total estimated cost of the facilities to be constructed F ebruary 7,1966. Notice of Application by Water Power is $110,670. Public notice is hereby given that ap­ F ebruary 8,1966. Applicant further states that, during plication has been filed under the Fed­ Take notice that on February 4, 1966, the third full year of proposed natural eral Power Act (16 U.S.C. 791a-825r) by The Dayton Power & Light Co. (Dayton), gas service, annual and peak day natural Idaho Power Co. (correspondence to: filed an application with the Federal gas requirements of Water Power will T. E. Roach, President, Idaho Power Co., Power Commission pursuant to section aggregate 29,368 Mcf and 277 Mcf, re­ Boise, Idaho) for amendment of license 203 of the Federal Power Act seeking au­ spectively. The sales and deliveries for constructed Project No. 1971, situated thority to acquire the entire electric which are the subject of the instant ap­ on the Snake River in Adams and Wash­ facilities of the city of Miamisburg, Ohio plication are proposed to be made in ington Counties, Idaho, and Baker and (Miamisburg). accordance with and at rates contained Wallowa Counties, Oreg., and affecting Dayton is incorporated under the laws in Applicant’s Rate Schedule DS-1, FPC lands of the United States within the of the State of Ohio and is qualified to Nezperce, Payette, and Wallowa—Whit­ Gas Tariff, Original Volume No. 3. transact business within that State with man National Forests. its principal place of business office at Applicant states that if the instant The application seeks to amend Article Dayton, Ohio. Dayton is engaged in the application is approved prior to the grant 48 of the license for the project to in­ generation, transmission and distribu­ of authorizations sought by it in its ap­ crease the maximum permissible dis­ tion of electric energy in 24 counties in plication filed in Docket No. CP66-27,1 charge from the Hells Canyon develop­ the State of Ohio, the service embraced by the instant ap­ ment spillway from 10,000 c.f.s., as now Miamisburg is a municipality incorpo­ plication will be divested by Applicant specified in the license article, to 15,000 rated under the laws of Ohio and is to Northwest Pipeline Corp. (Northwest) c.f.s. The proposed increase is sought located in Montgomery County, Ohio. under authorizations sought by Appli­ following additional studies by the li­ According to the application, Dayton cant in its application filed in Docket No. censee and the U.S. Corps of Engineers proposes to purchase the entire electric facilities of Miamisburg for $5,156,560 CP66-27; otherwise, Northwest will be which have indicated that a maximum of and thereafter to consolidate them with substituted as the party applicant under 10,000 c.f.s. increase in discharge from the property of Dayton. The facilities the instant application. the Hells Canyon spillway as a result of to be required are now being used to sup­ Protests or petitions to intervene may an unscheduled breach of the Oxbow fuse ply service in and around Miamisburg be filed with the Federal Power Com­ box is insufficient, and that such maxi­ and will be used by Dayton to supply the mission, Washington, D.C., 20426, in ac­ mum should be increased to 15,000 c. s. same service after the acquisition. cordance with the rules of practice and Protests or petitions to intervene may Any person desiring to be heard or to procedure (18 CFR 1.8 or 1.10) and the be filed with the Federal Power Commis­ make any protest with reference to said regulations under the Natural Gas Act sion, Washington, D.C., 20426, in accord­ application should on or before March (157.10) on or before February 28, 1966. ance with the rules o f practice and pro 4, 1966, file with the Federal Power Com­ Take further notice that, pursuant to mission, Washington, D.C., 20426, peti­ cedure of the Commission (18 CFR l-8 tions or protests in accordance with the the authority contained in and subject to 1.10). The last day upon which prates requirements of the Commission’s rules or petitions may be filed is March > of practice and procedure (18 CFR 1.8 or i See Notice of Applications, Consolidation 1966. The application is on file witn i 1.10) . The application is on file and of Proceedings and Requirement to File Commission for public inspection. available for public inspection. Testimony, 30 F.R. 11003, Aug. 25, 1965, re­ garding application of Applicant and appli­ G ordon M. G rant, G ordan M. G rant, cations of Northwest in Docket Nos. CP66—28, Acting Secretary■ Acting Secretary. CP66-29, and CP66-30, relating to the divesti­ Doc. 66-1624; Filed, Feb. 15, W 6’ ture by Applicant of its Northwest Division [F.R. [F.R. Doc. 66-1622; Filed, Feb. 15, 1966; 8:45 a.m.] 8:45 a.m.] System.

FEDERAL REGISTER, VOL. 31 NO. 32— WEDNESDAY, FEBRUARY 16, 1966 NOTICES 2801

[Docket No. CP66-239] procedure (18 CFR 1.8 or 1.10) on or time required herein, if the Commission before February 28, 1966. on its its own review of the matter finds IOWA SOUTHERN UTILITIES CO. AND that a grant of the certificate is required MICHIGAN WISCONSIN PIPE LINE G o r d o n M . G r a n t , Acting Secretary. by the public convenience and necessity. CO. If a protest or petition for leave to inter­ [F.R. Doc. 66-1625; Filed, Feb. 15, 1966; vene is timely filed, or if the Commission Notice of Application 8:46 a.m.] on its own motion believes that a formal hearing is required, further notice of F e b r u a r y 8,1966. [ Docket No. CP66-241 ] such hearing will be duly given. Take notice that on January 27, 1966, Under the procedure herein provided Iowa Southern Utilities Co. (Applicant), KANSAS-NEBRASKA NATURAL GAS for, unless otherwise advised, it will be Centerville, Iowa, 52544, filed in Docket CO., INC. unnecessary for Applicant to appear or No. CP66-239 an application pursuant to be represented at the hearing. section 7(a) of the Natural Gas Act for Notice of Application G o r d o n M . G r a n t , an order of the Commission directing F e b r u a r y 7,1966. , Michigan Wisconsin Pipe Line Co. (Re­ Acting Secretary. Take notice that on January 27, 1966, spondent) to establish physical connec­ Kansas-Nebraska Natural Gas Co., Inc. [F.R. Doc. 66-1626; Filed, Feb. 15, 1966; tion of its transportation facilities with 8:46 a.m. ] (Applicant), Hastings, Nebr., 68901, filed the facilities proposed to be constructed in Docket No. CP66-241 an application by Applicant and to sell and deliver to pursuant to section 7(c) of the Natural Applicant volumes of natural gas for re­ [Docket No. CP66-244] Gas Act for a certificate of public con­ sale and distribution in the community venience and necessity authorizing the of Cincinnati, Iowa (Cincinnati), all as PANHANDLE EASTERN PIPE LINE CO. construction and operation of certain more fully set forth in the application natural gas facilities, all as more fully set which is on file with the Commission and Notice of Application forth in the application which is on file open to public inspection. with the Commission and open to public F e b r u a r y 8,1966. Applicant states that Cincinnati is lo­ inspection. Take notice that on February 1, 1966, cated approximately 7.5 miles south of Specifically, Applicant seeks author­ Panhandle Eastern Pipe Line Co. (Ap­ the main pipeline of Respondent in south ization for the construction and opera­ plicant) , 1 Chase Manhattan Plaza, central Appanoose County, Iowa, on tion of the following facilities: (a) A New York, N.Y., 10005, filed in Docket State Highway 60 and has a population 1,100 horsepower compressor addition to No. CP66-244 an application pursuant to of approximately 583. be located at Big Springs, Nebr., (b) 24 section 7(c) of the Natural Gas Act for a Applicant further states that it now miles of 12-inch pipeline to parallel an certificate of public convenience and provides natural gas service in 28 cities existing 10-inch pipeline between Ogal- necessity authorizing the construction and towns in the area of which 14 are lala and Paxton, Nebr., (q) 12 miles of and operation of certain natural gas fa­ served with natural gas purchased from 16-inch pipeline to^ replace 10 miles of cilities and the transportation and sale Respondent, 13 are served with natural 8-inch and 2 miles of 10-inch pipeline of natural gas in interstate commerce, gas purchased from Natural Gas Pipe­ between North Platte and Brady, Nebr., all as more fully set forth in the applica­ line Co. of America, and 1 served with (d) a new 1,100 horsepower station at tion which is on file with the Commis­ natural gas purchased from Northern Riverdale, Nebr., (e) a 1,100 horsepower sion and open to public inspection. Natural Gas Co. compressor addition at Applicant’s Grand Specifically, Applicant seeks authori­ Applicant proposes to construct a dis­ Island, Nebr., station, (f) approximately zation to increase its peak day capacity tribution system consisting of approxi­ 24 miles of 8-inch pipeline replacing an by approximately 150,000 Mcf through mately 14,560 feet of 2-inch pipeline, equal amount of 6-inch pipeline between the installation of the following facili­ 19,300 feet of 1*4-inch pipeline and a Riverdale and Litchfield, Nebr., and (g) ties : town border station. Applicant further approximately 8 miles of 3-inch pipeline (a) Approximately 145.7 miles of 30- proposes that Respondent construct the replacing an equal amount of 2-inch inch and 36-inch main pipeline loop, necessary lateral pipeline (pursuant to pipeline between Northport and Oshkosh, representing a continuation of Appli­ its 10-cent formula), a gas measuring Nebr. cant’s fourth main pipeline, station, and related facilities in order to Applicant states that the proposed fa ­ (b) 25,050 compressor horsepower to enable it to sell and deliver natural gas cilities will increase its transmission ca­ be installed at various locations on Ap­ to Applicant in accordance with Re­ pacity by 10,000 Mcf of gas per day and plicant’s system, spondent’s ACQ-1 rate schedule. that said facilities are required to meet (c) Approximately 61.7 miles of lat­ The total estimated volumes of natural the growth of its firm customers’ require­ eral line facilities to be installed at various points on Applicant’s present gas necessary to meet Applicant’s annual ments. The total estimated cost of Applicant’s system, and peak day requirements for the initial construction is $1,590,700, which cost will (d) Measuring station revisions and 3-year period of proposed operations are be financed out of current working capi­ other appurtenances in conjunction with stated to be: tal and interim bank loans. this proposed system expansion. Protests or petitions to intervene may Applicant also proposes to distribute First Second Third be filed with the Federal Power Commis­ winter contract demands amounting to year year year sion, Washington, D.C., 20426, in accord­ approximately 127,000 Mcf of gas per ance with the rules of practice and pro­ day, together with related increases In (M cf).. 18,362 26,295 31,405 cedure (18 CFR 1.8 or 1.10) and the regu­ contract demands for the non-winter feak day (Mcf) 189 271 324 lations under the Natural Gas Act months, among 36 of its resale customers (157.10) on or before February 28, 1966. and to install reserve capacity of ap­ The total estimated cost of Applicant’s Take further notice that, pursuant to proximately 23,000 Mcf of gas per day. Proposed distribution system is $82,216, the authority contained in and subject The total estimated cost of Applicant’s hich cost will be financed with inter- to the jurisdiction conferred upon the proposed construction is $31,786,000, aily generated funds and short term Federal Power Commission by sections which cost will be financed substantially °ankloans. 7 and 15 of the Natural Gas Act and through the issuance of debentures. the Commission’s rules of practice and Protests or petitions to intervene may sTrotesis or petitions to intervene may procedure, a hearing will be held with­ be filed with the Federal Power Com­ filed with the Federal Power Com- out further notice before the Commis­ mission, Washington, D.C., 20426, in ac­ 7~T0n- Washington, D.C., 20426, In ac- sion on this application if no protest or cordance with the rules of practice and dance with the rules of practice and petition to intervene is filed within the procedure (18 CFR 1.8 or 1.10) and the

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2802 NOTICES regulations under the Natural Gas Act Mortgage Bonds, Series I , _percent due (157.10) on or before February 28, 1966. SECURITIES AND EXCHANGE 1996. The interest rate of the bonds Take further notice that, pursuant to (which shall be a multiple of one-eighth the authority contained in and subject COMMISSION of 1 percent) and the price, exclusive of to the jurisdiction conferred upon the [File No. 1-3421] accrued interest, to be paid to Massachu­ Federal Power Commission by sections 7 setts (which will be not less than the and 15 of the Natural Gas Act and the CONTINENTAL VENDING MACHINE principal amount nor more than 102% Commission’s rules of practice and pro­ CORP. percent thereof) will be determined by cedure, a hearing will be held without the competitive bidding. further notice before the Commission on Order Suspending Trading The bonds are to be dated as of March this application if no protest or petition F ebruary 10,1966. 1, 1966, will ihature on March 1, 1996, to intervene is filed within the time re­ The common stock, 10 cents par value, and will be issued under a First Mort­ quired herein, if the Commission on its of Continental Vending Machine Corp., gage Indenture and Deed of Trust dated own review of the matter finds that a being listed and registered on the Ameri­ as of July 1, 1949, between Massachu­ grant of the certificate is required by the can Stock Exchange and having unlisted setts and State Street Bank & Trust Co. public convenience and necessity. I f a trading privileges on the Philadelphia- (formerly The Second National Bank of protest or petition for leave to intervene Baltimore-Washington Stock Exchange, Boston), as Trustee, and indentures sup­ is timely filed, or if the Commission on and the 6 percent convertible subordi­ plemental thereto including an Eighth its own motion believes that a formal nated debentures due September 1, 1976, Supplemental Indenture to be dated as hearing is required, further notice of being listed and registered on the Ameri­ of March 1,1966. such hearing will be duly given. can Stock Exchange, pursuant to provi­ The net proceeds from the sale of the Under the procedure herein provided sions of the Securities Exchange Act of bonds will be applied to the payment of for, unless otherwise advised, it will be 1934; and short-term notes payable to* banks, of unnecessary for Applicant to appear or It appearing to the Securities and Ex­ which $11,000,000 principal amount is be represented at the hearing. change Commission that the summary expected to be outstanding at the time of the issue of the bonds. In the event that G ordon M . G rant, suspension of trading in such securities Acting Secretary. on such Exchanges and otherwise than a smaller principal amount of such notes on a national securities exchange is re­ are then outstanding any balance of pro­ [F.R. Doc. 66-1627; Filed, Feb. 15, 1966; ceeds will be applied to the payment of 8:46 a.m.] quired in the public interest and for the protection of investors; then outstanding short-term notes pay­ I t is ordered, Pursuant to sections 15 able to NEES. . [Docket No. G-6170, etc.] (c) (5) and 19(a) (4) of the Securities The estimated fees and expenses to be paid in connection with the proposed SUPERIOR OIL CO. ET AL. Exchange Act of 1934, that trading in such securities on the American Stock transactions are estimated to aggregate Findings and Order After Statutory Exchange, the Philadelphia-Baltimore- $70,000, including $35,000 for legal, ac­ Hearing; Correction Washington Stock Exchange and other­ counting and other services to be ren­ wise than on a national securities ex­ dered at cost by the system service com­ January 27,1966. change be summarily suspended, this pany. The fees and expenses of inde­ In the findings and order after statu­ order to be effective for the period Feb­ pendent counsel for the underwriters, tory hearing issuing certificates of pub­ ruary 11, 1966, through February 20, which are to be paid by the successful lic convenience and necessity, amending 1966, both dates inclusive. bidder, are to be supplied by amendment. certificates, permitting and approving Massachusetts has applied to the Mas­ abandonment of service, terminating By the Commission. sachusetts Department of Public Utili­ certificates, substituting respondent, [SEAL] ORVAL L. DUBOIS, ties for approval of the proposed issuance making successors corespondents, re­ Secretary. and sale of bonds with a maximum in­ designating proceedings, accepting sur­ terest rate of 534 percent. A copy of [F.R. Doc. 66-1635; Filed, Feb. 15, 1966; the order entered therein is to be sup­ ety bond for filing, accepting agreements 8:46 a.m.] and undertakings for filing, requiring plied by amendment. If the interest filing of agreement and undertaking, and rate on the bonds specified by the suc­ cessful bidder exceeds 5i4 percent per accepting related rate schedules and [File No. 70-4352] supplements for filing, issued January annum, a further order of that State 17, 1966, and published in the F ederal MASSACHUSETTS ELECTRIC CO. commission will be necessary. It is R egister January 25,1966 (F.R. Doc. 66- represented that no other State com­ 758, 31 F.R. 976), make the following Proposed Issue and Sale of Principal mission and no Federal commission, corrections: Amount of First Mortgage Bonds at other than this Commission, has juris­ Correct Docket No. “ G-9162” to read Competitive Bidding diction over the proposed transactions. Docket No. “ G-9160” in footnote 18. Notice is further given that any in­ Insert the omitted footnote 29 to read F ebruary 10,1966. terested person may, not later than as follows: Notice is hereby given that Massachu­ March 2, 1966, request in writing that a hearing be held on such matter, stating “ July 1, 1967, moratorium date pursuant setts Electric Co. (“Massachusetts” ) , 441 to Commission’s Statement of General Policy Stuart Street, Boston Mass., 02116, an the nature of his interest, the reasons 61-1, as amended. electric utility subsidiary company of for such request, and the issues ox ia New England Electric System (“NEES” ) , or law raised by said application will Footnote 18 refers to J. C. Vaughh, Jr., a registered holding company, has filed he desires to controvert; or he may Docket No. G-9160 and Robert A. Lee an application with this Commission, quest that he be notified if the Com­ and Hilton L. Lander (Operator), et al., pursuant to the Public Utility Holding mission should order a hearing thereon. Docket No. CI64-189. Company Act of 1935 (“Act” ) , designat­ Any such request should be addresse ■ Footnote 29 refers to Monsanto Co. ing section 6(b) of the Act and Rules Secretary, Securities and Exchang^ (Operator), et al., Docket No. CI64-1392, 42(b) (2) and 50 thereunder as applicable Commission, Washington, D-9*’ 205",‘ Cities Service Oil Co., Docket No. CI66- to the proposed transactions. All inter­ copy of such request should be servea 350, Pan American Petroleum Corp., ested persons are referred to the appli­ personally or by mail (airmail if th P Docket No. CI66-402, Occidental Petro­ cation, on file at the office of the Com­ son being served is located more t leum Corp., Docket No. CI66-415, Wood mission, for a statement of the trans­ 500 miles from the point of mailing Oil Co., Docket No. CI66-417, Shell Oil actions therein proposed which are upon the applicant at the ab°ve' u Co., Docket No. CI66-426. summarized below. address, and proof of service (by affidavit G ordon M. G rant, Massachusetts proposes to issue and or, in case of an attorney at law, by Acting Secretary. sell, subject to the competitive bidding icate) should be filed contemporary [F R . Doc. 66-1628; Filed, Feb. 15, 1966; requirements of Rule 50 under the Act, ously with the request. At any 8:46 a.m.] $10,000,000 principal amount of First after said date, the application, as nieu

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 NOTICES 2803 or as it may be amended, may be granted ending on or about May 1,1966, as funds It is further stated that only minor as provided in Rule 23 of the general are required by the construction pro­ incidental expenses and no special or rules and regulations promulgated under gram. The aggregate principal amount separate legal fees are anticipated in the Act, or the Commission may grant of notes to be outstanding at any one connection with the proposed transac­ exemption from such rules as provided in time, including $1,000,000 of notes here­ tions; and that no State commission, and Rules 20(a) and 100 thereof or take such tofore sold to certain of the banks, will no Federal commission other than this other action as it may deem appropriate. not exceed $13,870,000. The notes will Commission,. has jurisdiction over the bear interest at the prime rate

K

FEDERAL REGISTER, VOL. 31, NO. 32— WEDNESDAY, FEBRUARY 16, 1966 2804 FEDERAL REGISTER

CUMULATIVE LIST OF CFR PARTS AFFECTED— FEBRUARY

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 February.

3 CFR page 8 CFR Page 18 CFR Page P roclamation: 212______2373 2______2778 3701 ______1231 214______2373 P roposed R u l e s : 3702 ______——_____ 1265 245______2373 2______...... 2784 3212 (terminated by Proc. P roposed R u l e s : 14 ______2784 3703) ...... 1295 214______2784 1 5 4 ______■ ■ ■ i ______1316 3703 ______1295 9 CFR 19 CFR Executive Orders: 51____ — ______— _____ 2473 8______WÊÊÊm______2727 3406 (revoked in part by PLO 78______2473, 2591 1 0 ______■ ...... ■ 2546 3924)______!______2548 304______2543 13______■■Ml Hill Ml BE* 2727 ... _ 2728 P residential D ocuments O ther P roposed R u l e s : 16______T han P roclamations and Exec- . 312______2484 2 4 ______2778 utive O rders: 25______— I W J f t _ 2546 Letter of Jan. 29,1966______2469 10 CFR 200 ______. _ 2593 P roposed R u l e s : P roposed R u l e s : 5 CFR Ch. I ______2699 13— _____ 2430 213______1233, 140______2614 20 CFR Page 1270, 1271, 2373, 2471, 2583, 2645 12 CFR 25______2376 338______1233 543______2544 P roposed R u l e s : _____ 2748 6 CFR P roposed R u l e s : 405______581 ______1314, 1315 73— ___ 2531 582 ______1314, 1315 21 CFR _____ 2653 7 CFR 13 CFR 121______1271, 2425, 2476, 2547 15___ 2645 130 _____ 2653 112 ______2374 ___ 2653 54 ____ 2771 113 _ 2374 146 55 ______—______-______2771 1 6 4 ______2653 56 ___ 2771 14 CFR 166 __ 1239 70______2771 21______,______*______2421 22 CFR 319______2589 39______1267, 2422, 2649, 2650, 2681 R09 _ 2426 401______1297 45______•______1268 701______.______2728 71______1268, 24 CFR 717 ______;______2413 2002, 2422, 2423, 2473-2475, 2531, 203 _____ 2477 718 ______.______;_____ 2590 2650,2651, 2717. 313 2477 719 ______.*__ — — — 1236 73______1268, 1269, 2002, 2583 234 _ 2478 722______2471, 2531, 2776 75______2002, 2475, 2777 724______- ______—___— 1233, 97—______- 2532, 2584 26 CFR 1237, 1238, 1297, 2414, 2590, 2645 l _ 1271, 2427 157______1269 2596 728______2728 221______2424 31 2377 730______1239 295______— 2681 251 775______2472 370______— ______— __ 1298 28 CFR 811______2776 P roposed R u l e s : _ 2427 850______2648 1______— ______2485 851______— 129721—______— ____— ____ — 2485 29 CFR 905______— 2693, 2694 27— ______2485 800 . 2657‘ 907— ______— 2420, 2694, 2776 29— — — — — — —____ 2485 P roposed R u l e s : 2436 910______2420, 2695 33______2486 60 912 ______2695 35______—______—_____ 2487 30 CFR 913 ______2373, 2695 67______1312 2378 944______2728 71______— 1312, 42 P roposed R u l e s : 970 ______2648, 2729 2436, 2437, 2488-2490, 2552, 2553, I . 2614 971 ______1239 2660, 2661,2732. 221 993______2777 75— ______—...... 2614 31 CFR 1068______—______•______2696 2596 P roposed R u l e s : 16 CFR 15______1239 32 CFR 729__ :______2479 2681 906______— - 2552 303______*______2651 111 967______- ____ 1304 P roposed R u l e s : 591------23es 991___*_____ 2479 301______2661 1013-______2730 1033 ______— 2384 17 CFR 1034 ______l ______— 2384 231______2544 595------“------II- ...... 2S < 1063______2659 240 ______2592 599"------II ______2370 1067 _—______— 2698 241 ______2475 1068 ____ 1242 P roposed R u l e s : 1097______2430 240— ______1247 1102______2430 249______1247 1106______— _ 1304 259______1247 oiu------2681 1108______2430 274______1247 FEDERAL REGISTER 2805

P age 32 CFR— Continued 41 CFR—Continued Page 46 CFR—Continued Page 1002— ------______2 6 8 4 5B-2______— ______2597 P roposed R ules—Continued 1003 ______t - ______2 6 8 4 5B-16—_—______2600 33______2602 1004______2 6 8 5 101-25______2471 35______„__ 2602 1006...... r ------______2 6 8 5 101-47___ 2658 38______2602 1007______— ______2 6 8 6 40______2602 1 0 1 0 ------— .______2687 43 CFR 70______2602 1013______— ______2 6 8 7 20.______2512 72 ______2602 1015______-— ------______2 6 8 8 P u b l ic L a n d O r d e r s: 73 ______2602 1016------______2 6 8 8 509 (revoked by PLO 3932) ___ 2691 75 ______i ______2602 1017______— ------—— ______2 6 8 8 577 (revoked in part by PLO 76 ______:______2602 1018. ______|------.______2 6 8 8 3922)______2547 77 ___ 2602 1030 ______2 6 8 8 684 (revoked in part by PLO 78______2602 1053...... _ 1303, 2688 3922)______2547 90______2602 1054______—. ______2 6 8 9 1394 (revoked in part by PLO 92______2602 1057______— 2 6 8 9 3926)______2548 94 ______2602 3263 (revoked in part by PLO 95 ______2602 3 2 A C F R 3934)______2692 96 ______" 2602 BDSA (Ch. V I): 3447 (revoked in part by PLO 97 ______2602 M -11A ______2 6 5 7 3931) ______2691 98 ------2602 3 3 C F R 3485 (see PLO 3931)______2691 110______2602 82______2 4 2 7 3870______2380 111------2602 400____ _ ‘ ...______2 7 7 8 3875 (amended by PLO 3936) _ 2692 113------2602 Proposed R ules: * 3921 _* ______2547 146------2602 1______2 6 0 2 3922 ______2547 157------2602 66______. 1 ______2 6 0 2 3923 ______2547 160______2602 80 ______2 6 9 2 3924 ______2548, 167______2602 82 _ E ______, 2 6 0 2 3925 _;______2548 173______2602 90______2 6 0 2 3926 _____ 2548 176_------2602 95 ' ______2 6 0 2 3927 ______— 2549 181------2602 100 3928 ______2549 187______2602 144______3929 ______2549 47 CFR 36 CFR 3930 ______2549 3931 ______2691 1------2549, 2600 501_____ 3932 ______2691 19— ______2721 37 CFR 3933 ______— 2692 21------2600 Proposed R ules: 3934 ______2692 91______2550 95______2551, 2600 201______.______2 6 1 4 3935 ______2692 38 CFR 3936 ______2692 P roposed R ules: 3937 ______2692 73______2438, 2554, 2555 3.__— _ 14— ___ 45 CFR 49 CFR 39 CFR 81—------1302 0______W...... 2718 170______2477 95— ______i___ 1303, 2692 112______801_____ 2657, 2693 136______2380 114— 168__ P roposed R u l e s : P roposed R ules: 533___ 85______1312 178______2662, 2663 Proposed R ules: 46 CFR 50 CFR 46______61___ 309______1240 28______2383, 2717 P roposed R u l e s : 32 ______1303 41 CFR 10______2602 33 ______2383, 2551, 2583 5-3_____ 25______2602 262______2783 5-6— 30______2602 P roposed R u l e s : 5B —1 32______2602 32______2784

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