FEDERAL REGISTER VOLUME 30 • NUMBER 121
Thursday, June 24, 1965 • Washington, D.C. Pages 8089-8148
Agencies in this issue— Atomic Energy Commission Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Power Commission Federal Reserve System Food and Drug Administration Immigration and Naturalization Service Interior Department . Interstate Commerce Commission Land Management Bureau Maritime Administration Securities and Exchange Commission Detailed list of Contents appears inside. Volume 78 UNITED STATES STATUTES AT LARGE
[88th Cong ,, 2d Sess.l
Contains laws and concurrent resolu merical listing of bills enacted into tions enacted by the Congress during public and private law, and a guide 1964, the twenty-fourth amendment to the legislative history of bills en to the Constitution, and Presidential acted into public law. proclamations. Included is a nu-
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agriculture d e p a r t m e n t FEDERAL COMMUNICATIONS IMMIGRATION AND See Commodity Credit Corpora COMMISSION NATURALIZATION SERVICE tion; Consumer and Marketing Service. Notices Rules and Regulations Hearings, etc.: Nonimmigrant classes; special re ATOMIC ENERGY COMMISSION Clay County Broadcasting Co. quirements for admission, ex tension, and maintenance of Rules and Regulations and Wilderness Road Broad casting Co— — — ___- ______8115 status______8102 Contract cost principles and pro Oklahoma Press Publishing Co. cedures; miscellaneous amend (K B IX ) (2 documents)_____ 8115 INTERIOR DEPARTMENT ments------8109 Syracuse Television, Inc., et al__8117 See also Land Management Bu Notices W TC N Television, Inc. (W T C N - reau. T V ) et al— ______8118 Tennessee; proposed agreement Notices for assumption of certain AEC regulatory authority------8112 Bureau of Commercial Fisheries; FEDERAL POWER COMMISSION authority delegation______8114 CIVIL SERVICE COMMISSION Rules and Regulations Noticés INTERSTATE COMMERCE Hearings, etc.: Excepted service; Federal Power COMMISSION Carolina Power & Light Co. and Commission______8093 South Carolina Electric & Notices Gas Co______8121 Finance applications______8145 COMMERCE DEPARTMENT Cities Service Gas Co. et al_____ 8123 Lyrla, Keith H.; changes in fi See Maritime Administration. El Paso Natural Gas Products nancial interests______8145 Co___—— ______8118 Motor carrier : COMMODITY CREDIT Hanley Co. et al______8122 Broker, w a te r carrier and CORPORATION Michigan Wisconsin Pipe Line freight forwarder applica Co_____ — i ______— 8119 tions_____ - ______8123 Rules and Regulations Sharpies and Company Proper Transfer proceedings______8145 Cotton loan program______8096 ties et al______8121 Railroads; rerouting and diver Setoff, withholding and stop pay Thomas N. Berry & Co. et al___ 8120 sion of traffic : ment policies of CCC______:____ 8094 Atchison, Topeka and Santa Fe Railway Co. and Denver and CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM Rio Grande Western Railroad SERVICE Co------i_____ 8144 Notices Atchison, Topeka and Santa Fe Rules and Regulations Railway Co. et al______l___ 8144 Citizens Bank; approval of bank Chicago, Rock Island and Pa Avocados grown in South Florida; consolidation___\_____.______8118 expenses and rate of assess cific Railroad Co. et al____ 8144 ment ______8093 National Motor Equipment Inter Poultry soups; postponement of change; agreement______I___ 8145 effective date of amendments__ 8093 FOOD AND DRUG Standards, inspections, and mar ADMINISTRATION JUSTICE DEPARTMENT keting practices; change of See Immigration and Naturaliza agency name— — ______— - 8093 Rules and Regulations tion Service. - * Proposed Rule Making Neomycin sulfate-polymyxin B Cherries grown in Washington; sulfate-gramicidin ophthalmic LAND MANAGEMENT BUREAU solution______8109 expenses and rate of assessment, Notices 1965-66, and carryover of unex Notices pended funds______8110 Alaska; termination of proposed Filing of petitions: withdrawal and reservation of Food additives; la n d s______8114 FEDERAL AVIATION AGEN C American Cyanamid Co_____ 8114 Rules and Regulations C elan ese Corporation of MARITIME ADMINISTRATION Agricultural aircraft operations__ America______8114 Control zone; cancellation of mod Elanco Products Co.; with Proposed Rule Making drawal______8115 ification______Utilization of appropriations made Control zones, control area ex Pesticide chemicals: available for construction-dif tensions, and transition areas; Hercules Powder Co______8115 ferential subsidy; statement of alterations, designations, and Wallace & Tiernan, Inc______8115 general policy______8110 revocation (3 documents)- 8102, Control zone and transition area; designation— SECURITIES AND EXCHANGE Transition area; revocation____ HEALTH, EDUCATION, AND COMMISSION Proposed Rule Making WELFARE DEPARTMENT Rules and Regulations Federal airway ; extension______See Food mid Drug Administra Equity securities; exemption from ■transition area; designation______tion. registration; correction______8109 8091 8092 CONTENTS
List of CFR Parts Affected
(Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.
5 CFR 8 CFR 21 CFR 213______8093 214______8102 148i__------— ...... - ...... — ------8109 7 CFR 14 CFR 41 CFR Ch. I ______8093 71 (6 documents)______8102, 8103 81______8093 137______- ______— 8104 9-15____i 8109 915______8093 P roposed R u l e s : 1408_^______8094 71 (2 documents) ______8110,8111 1427______— ____ 8096 46 CFR P roposed R u l e s : 17 CFR P roposed R u l e s : 923______8110 240______8109 251...... — 8110 Rules and Regulations
This action is necessary in order to They shall become effective upon pub Title 5— ADMINISTRATIVE afford equitable treatment to all poultry lication in the F ederal R eg iste r . soup processors in view of the issuance (Sec. 28, 39 Stat. 486; 7 UJS.C. 268; 29 F.R. PERSONNEL of a preliminary injunction on behalf of 16210; 30 F.R. 1260, 2160) one processor of dehydrated soups in an C h ap ter I— Civil Service Commission action which is pending in the U.S. Dis Done at Washington, D.C., this 18th PART 213— EXCEPTED SERVICE trict Court for the District of New Jer day of June 1965. sey. In order to accomplish its purpose, C lar en c e H . G irard, Federal Power Commission this action must be made effective on Deputy Administrator, Regula Section 213.3329 is amended to show July 1, 1965, when a prior order (30. F.R. tory Programs, Consumer and the exception under Schedule C of a third 7239) of postponement of effective date Marketing Service. position of Private Secretary in the Of expires. Therefore, under section 4 of the Administrative Procedure Act (5 [F.R. Doc. 65-6629; Filed, June 23, 1965; fice of the Chairman. Effective on pub 8:46 am .] U.S.C. 1003), it is found for good -cause lication in the F ederal R egister, para graph (a) of § 213.3329 is amended as that notice of rule making and other public procedure with respect to this set out below. Chapter IX— Consumer and Market action are impracticable and good cause ing Service (Marketing Agreements § 213.3329 Federal Power Commission. is found for making it effective less than 30 days after publication hereof in the and Orders; Fruits, Vegetables, (a) Three Private Secretaries in the Tree Nuts), Department of Agricul Office of the Chairman, one Confidential F ederal R eg ist e r . Assistant to the Chairman, and one (Sec. 14, 71 Stat. 447, 21 U.S.C. 463; 29 F.R. ture Private Secretary, and one Confidential 16210, as amended; 30 F.R. 1260, as amendéd; 30 F.R. 2160) PART 915— AVOCADOS GROWN IN Assistant to each other Commissioner. SOUTH FLORIDA ***** This action shall become effective on (R.S. 1753, sec. 2, 22 Stat. 403, as amended; July 1, 1965. Expenses and Rate of Assessment 5 U.S.C. 631, 633; E.O. 10577, 19 P.R. 7521, 3 CFR, 1954-1958 Comp., p. 218) Done at Washington, D.C., this 21st On June 8, 1965, notice of rule making day of June 1965. was published in the F ederal R egister U n it e d S tates C iv il S erv (30 F.R. 7501) regarding proposed ex ic e C o m m is s io n , G . R . G r ange, penses and the related rate of assess [ seal] M a r y V . W e n z e l , Deputy Administrator, ment for the period beginning April 1, Executive Assistant to Marketing Services. 1965, and ending March 31, 1966, pur the Commissioners. [F.R. Doc. 65-6628; Filed, June 23, 1965; suant to the marketing agreement, as [P.R. Doc. 65-6639; Filed, June 23, 1965; 8:46 am .] amended, and Order No. 915, as amended 8:48 a.m.] (7 CFR Part 915), regulating the han dling of avocados grown in south Flor MISCELLANEOUS AMENDMENTS TO ida. This regulatory program is effec Title 7— AGRICULTURE CHAPTER tive under the Agricultural Marketing Change of Agency Name Agreement Act of 1937, as amended (7 Chapter I— Consumer and Marketing U.S.C. 601-674). After consideration of Service (Standards, Inspections, In Chapter I of Title 7, Parts 101 all relevant matters presented, includ through 108 and 110 through 113 are ing the proposals set forth in such notice Marketing Practices), Department amended as follows: which were submitted by the Avocado of Agriculture Pursuant to the provisions of section Administrative Committee (established SUBCHAPTER D— REGULATIONS UNDER THE 28 of the United States Warehouse Act pursuant to said marketing agreement POULTRY PRODUCTS INSPECTION ACT (7 U.S.C. 268), §§ 101.2(h), 102.2(g), and order), it is hereby found and de 103.2(f), 104.2(g), 105.2(g), 106.2(h), termined that: PART 81— INSPECTION OF POULTRY 107.2(g), 108.2(h), 110.2(h), 111.2(f), § 915.204 Expenses and rate o f assess* AND POULTRY PRODUCTS 112.2(h), and 113.2(g) of the regulations ment. (7 CFR 101.2(h), 102.2(g), 103.2(f), Further Postponement of Effective 104.2(g), 105.2(g), 106.2(h), 107.2(g), (a) Expenses. Expenses that are Date of Certain Amendments With 108.2(h), 110.2(h), 111.2(f), 112.2(h), reasonable and likely to be incurred by Respect to Poultry Soups and 113.2(g) ) issued under said Act are the Avocado Administrative Committee each hereby amended to read as follows: during the period April 1, 1965, through The effective date of the provisions of March 31, 1966, will amount to $11,266. §§81.134 and 81.208 of the regulations Service. The Consumer and Market (b) Rate of assessment. The rate of under the Poultry Products Inspection ing Service of the Department. assessment for said period, payable by Act, as amended (21 U.S.C. 451 et seq.), Statement of considerations. These each handler in accordance with § 915.41, us set forth in the amendments of the amendments are of an organizational is fixed at $0.025 per bushel of avocados. regulations published on July 7, 1964 (29 nature. They merely reflect the change ■F.R. 8456), insofar as such provisions in name of the agency which administers It is hereby further found that good relate to soups (whether dehydrated, the U.S. Warehouse Act and make no cause exists for not postponing the effec tive date hereof until 30 days after pub canned or otherwise prepared) contain- substantive change in the regulations. Poultry ingredients, is hereby post lication in the F ederal R egister (5 It is found under section 4 of the Ad poned until August 1, 1965, pursuant to U.S.C. 1001-1011) in that (1) the rele^ wie authority of said Act. During such ministrative Procedure Act (5 U.S.C. vant provisions of said marketing agree Period of postponement, the provisions 1003) that notice and other public pro ment and this part require that the rate or § 81.208 (a) and (b) of the regula cedure regarding the amendments are of assessment herein fixed shall be ap tions, as published August 15, 1962 (27 unnecessary, and good cause is found plicable to all assessable avocados han Îk û V 98, 7 CPR 21.208 (Supp. 1963)), for making the amendments effective in dled during the aforesaid period, and nan be in effect with respect to such less than 30 days after the publication (2) such period began on April 1, 1965, soups. thereof in the F ederal R e g ist e r . and said rate of assessment will auto- 8093 8094 RULES AND REGULATIONS matically apply to all such avocados collection of amounts due CCC in such time the courts would render a decision, beginning with such date. cases is necessary to determine the and there are no issues involved requir (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. amount properly payable under the con ing court adjudication in the interest of 601-674) tract. program operations. § 1408.2 Definitions. (ii) The setoff has been approved by Dated ; June 18,1965. an authorized claims official of CCC. P a u l A . N ic h o l s o n , (a) The term “setoff” means the ap (b) A judgment in favor of CCC, or Acting Director, Fruit and plication of a specified amount from in favor of the United States on a claim Vegetable Division, Consumer amounts payable to a debtor as liquida of CCC, shall be set off against amounts and Marketing Service. tion, in whole or in part, of an amount payable to a debtor by CCC but, prior owed by the debtor. to taking such action, the approval of [F.R. Doc. 65-6630; Filed, June 23, 1965; (b) The term “withholding” means 8:46 a.m.] the Department of Justice (U.S. Attor the taking of action temporarily to pre ney) shall be obtained. vent the payment of a specified amount (c) A debt due under the Civil Frauds Chapter XIV— Commodity Credit Cor from amounts payable to a debtor. Statute, section 231 of Title 31, United poration, Department of Agriculture (c) The term “stop payment” means States Code, shall be set off against the taking of action temporarily to pre amounts payable to the debtor by CCC, SUBCHAPTER A— GENERAL REGULATIONS AND vent the payment of all amounts payable if the Department of Justice has au POLICIES to a debtor under one or more contracts. thorized setoff. PART 1408— SETOFF, WITHHOLDING (d) The term “CCC” means the Com (d) Debts due CCC from rail carriers modity Credit Corporation. for overcharges or for loss or damage AND STOP PAYMENT POLICIES OF (e) The term “ASCS” means the Agri shall be set off against amounts due such COMMODITY CREDIT CORPORA cultural Stabilization and Conservation carriers under freight bills involving TION Service of the Department of Agriculture. shipments on commercial bills of lading, General / (f ) The term “C&MS” means the Con in the following cases: Sec. sumer and Marketing Service of the De (1) Any overcharge debt if: 1408.1 Purpose. partment of Agriculture. (1) The carrier, without reasonable 1408.2 Definitions. (g) The term “other agencies” justification, has declined payment of 1408.3 Applicability of regulations of the Secretary of Agriculture, Part 13, includes any department, establishment, the debt or has failed to pay the debt Title 7, Code of Federal Regula commission, administration, authority, after being given a reasonable opportu tions. board, bureau, or service of the United nity, and States, or any corporation other than (ii) The period of limitation pre Debts Due CCC CCC all of the capital stock of which is scribed in section 16(3) (i), Title 49, 1408.4 Setoff. owned by the United States. United States Code, has not expired. 1408.5 Withholding. (h) The term “Executive Vice Presi (2) Any loss or damage debt of less 1408.6 Stop payment. dent” means the Executive Vice Presi than $150 if: Setoff Policy Applicable to Other Agencies dent of CCC. (i) Demand for payment was made on of the United States (i) The term “in kind” means a pay the carrier within the period of time 1408.7 Debts due ASCS or C & MS. ment-in-kind certificate. specified in the bill of lading. 1408.8 Debts due other agencies. (ii) The carrier has declined payment § 1408.3 Applicability o f regulations of 1408.9 Requests for setoff against amounts of the debt without reasonable justifica payable to debtors by CCC. the Secretary o f Agriculture, Part 13, Title 7, Code o f Federal Regulations. tion, Miscellaneous (iii) The period of limitation pre The provisions of this part are not scribed in the bill of lading has not ex 1408.10 Notice to debtor. applicable to withholding or setoff action pired, and 1408.11 Conditions under which setoff, taken against amounts approved by Agri withholding, or stop payment (iv) The debt cannot be grouped with actions will not be taken, cultural Stabilization and Conservation other similar debts against the same car 1408.12 Order of priority of setoffs. county committees for disbursement to rier, making a total of $150 or more. 1408.13 Rights of debtors. persons under programs administered by (3) Any loss or damage debt if the 1408.14 Assignments. the Department of Agriculture, or any debt can be set off against the bill for 1408.15 Interest. agency thereof. The regulations govern transportation charges on the shipment 1408.16 Debtors operating under more than ing such administrative action are con on which the loss or damage occurred. one name. tained in Part 13 of this Title 7, Code (4) Any overcharge or loss or damage 1408.17 Responsibility of agents of or con tractors with CCC. of Federal Regulations. debt due CCC on which the applicable period of limitation has run may be set 1408.18 Administration. D ebts D u e CCC off against any amounts owing by CCC Authority : The provisions 'of this Part § 1408.4 Setoff. 1408 issued under sec. 4 (d ), 62 Stat. 1071; to the carrier which are subject to a de 15 U.S.C. 714b. (a) Debts due CCC shall be set off, infense of limitation. whole or in part, against amounts pay '(e) If a CCC debt which is subject G en er al able to debtors by CCC, either in cash or to collection by setoff under this part § 1408.1 Purpose. in kind, where the following conditions cannot be so collected because of insuf ficient amounts payable to debtor by This part states the policies of CCC apply: (1) The debtor has been given a rea CCC, CCC shall request another agency and the conditions under which (a) debts of the United States to set off the debt owing to CCC will be set off against sonable opportunity to pay. (2) The debtor has been notified that against amounts payable to the debtor in amounts payable to debtors by CCC, (b) any case where CCC has information requests will be made by CCC to other the debt will be collected by setoff. (3) There is no legal bar to enforce that amounts are payable to the debtor agencies of the United States for setoff by that agency. against amounts payable by them to such ment of the debt. debtors, and (c) debts owing to other (4) The debtor has not disputed the § 1408.5 Withholding. validity of the amount of the debt or, agencies of the United States may be Withholding shall be made from if disputed, there is no reasonable basis sot off against amounts payable to amounts payable to a debtor by CL , to support the debtor’s position or both debtors by CCC. This part also states either in cash or in kind, to insure tn of the following conditions apply: the policies and the conditions under the interests of CCC and the Unipea which actions will be taken to withhold (i) Compromise settlement cannot beStates will be protected, in the following or stop payment of amounts due debtors effected and referral of the debt for legal by CCC. The provisions of this part action is not considered feasible because (a ) Where there has been a serious shall not apply to the collection of the amount of the debt is too small to breach of contract or violation of P " amounts due CCC under a contract by warrant litigation, or there is good rea gram requirements and the withhol deduction from amounts otherwise pay son to believe the debtor may be unable action is considered necessary to pro able under the same contract, since the financially to satisfy a judgment by the the financial interests of CCC. Thursday, June 2J, 1965 FEDERAL REGISTER 8095
(b) Where there is substantial evi State office, and shall comply with the (3) Debts to other agencies of the De dence of violations of criminal or civil following: partment of Agriculture. frauds statutes and criminal prosecution (1) In addition to the requirements (4) Debts to the Internal Revenue or civil frauds action is of primary im prescribed in § 1408.8, each request for Service. portance to program operations of CCC. setoff and Notice of Levy shall be signed (5) Debts to other agencies. (c) Where prior experience with the by an authorized representative of the (b) Within each priority grouping in debtor indicates that collection will be creditor agency. paragraph (a) of this section, the order difficult if amounts payable to the debtor (2) Each request or Notice of Levy of setoff shall be the chronological order are not withheld. shall state the amount of the indebted of the dates the requests for setoff were (d) Where there is doubt that the ness separately as to principal and in received. debtor Will be financially able to pay terest, and interest (if any) shall be § 1408.13 Rights o f debtors. a judgment on the claim of CCC. computed to a date Shown in the request. (e) When a judgment on a claim of If the creditor agency desires that addi Setoffs made pursuant to this part CCC has been obtained. tional interest be computed on the prin shall not deprive a debtor of any right (f) Where requested by the Depart cipal, a daily or monthly interest factor he might otherwise have to contest the ment of Justice. per dollar of principal shall be shown in justness of the debt involved in the setoff the request. The amount to be set off action either by administrative appeal or § 1408.6 Stop payment. shall not exceed the principal sum owe'd by legal action except where the setoff is Stop payment shall be made of all by the debtor plus interest computed in agreed to by the debtor. amounts payable to a debtor by CCC in accordance with the request. § 1408.14 Assignments. any of the cases described in § 1408.5 (3) Each request shall also state the where the facts available are insufficient name and address of . the debtor and a (a) Notwithstanding any assignment to determine the amount to be withheld brief description of the indebtedness, in of amounts payable under a CCC con or where it is determined that the cir cluding identification of the court judg tract, CCC may set off against such cumstances with respect to the debtor's ment, if any. amounts to collect: acts are sufficiently serious that all pay (4) If a notice of lien has been filed (1) Any amounts due CCC under the ments to the debtor should be stopped in accordance with the provisions of the provisions of the contract. immediately in order to protect the inter Internal Revenue Code, section 6323 of (2) Any amounts for which a contrac ests of the United States. Title 26, United States Code, the request tor is indebted to the United States for or Notice of Levy shall also state the taxes, with respect to which a notice of Setoff P o l ic y A p p l ic a b l e to O th er place and date of filing such notice of lien was filed or a Notice of Levy was A gencies o f t h e U n it e d S tates lien. served in accordance with the provisions of the Internal Revenue Code of 1954 § 1408.7 Debts due ASCS or C&MS. M iscellaneous (26 U.S.C. 6323; 6331) or any amend Debts due the United States under § 1408.10 Notice to debtor. ments or modifications thereof, prior to ASCS or C&MS programs shall be set off The debtor shall be notified whenever acknowledgment by CCC of receipt of against amounts payable to debtors by the notice of assignment. CCC in cash. In effecting such setoffs, any setoff, withholding or stop payment action has been taken. (3) Any amounts, other than amounts the provisions set forth in this part with specified in subparagraphs (1) and (2) respect to the collection by setoff of debts § 1408.11 Conditions under which set of this paragraph, due CCC or any other due CCC shall be followed. off, withholding, or stop payment ac agency of the United States, if CCC tions will not be taken. § 1408.8 Debts due other agencies. notified the assignee of such amounts to Setoff, withholding or stop payment be set off at the time acknowledgment Debts due any other agency shall be actions will not be taken in the following was made of receipt of notice of such set off against amounts payable to debt cases: assignment. ors by CCC in cash in the following cases: (a) Where legal action to enforce the (b) Any indebtedness of a contractor debt due CCC has been barred by a stat to any agency of the United States which (a) The agency, the Department of utory or contract period of limitation, may not be set off pursuant to paragraph Justice, or the General Accounting Office, except as provided in § 1408.4(d) (4) . (a) of this section, may be set off against submits a request in writing and fur (b) Where collection of a debt has been any amount due and payable under the nishes information identifying payments barred by a discharge in bankruptcy and contract which remains after deduction to be made by CCC to the debtor: Pro the debt has not been revived by an ac of amounts (including interest and other vided, That, if the debt is due a corporate tion of the debtor. charges) owing by the contractor to the agency and has not been reduced to (c) Where payments against which assignee for which the assignment was judgment, such agency must agree to the setoff would be made are due under made. save CCC harmless from liability. freight bills involving shipments on com (c) Notwithstanding any assignment (b) The Internal Revenue Service has mercial bills of lading, except as pro of amounts payable under a CCC con filed a notice of lien in accordance with vided in paragraph (d) of § 1408.4. tract, CCC may withhold or stop pay the Internal Revenue Code and has re (d) Where the amount payable to the ment of any such amounts in any quested setoff, or has served a Notice of debtor is to be used to satisfy a prior instance where such action is deemed bevy in accordance with section 6331 of lien on property pledged or mortgaged necessary to protect the interests of the the Internal Revenue Code, Title 26 of to secure a CCC loan or sold to CCC. United States as provided in §§ 1408.5 the United States Code, against money However, any amount exceeding the and 1408.6, pending a determination of Payable to the debtor. amount of the prior lien shall be avail possible setoff action under this part. § 1408.9 Requests for setoff a g a in s t able for withholding or setoff. § 1408.15 Interest. amounts payable to debtors by CCC. (e) Except as provided in § 1408.14, where the amount payable to the debtor Interest shall not be paid on delayed _ (a> Indebtedness to CCC, ASCS and payments unless required by contract or C&MS shall be set off in accordance with is to be used to make payments under an assignment accepted pursuant to con in special circumstances as may be instructions issued by ASCS, without a determined by the Executive Vice request for setoff having been made to tract provisions or program regulations. President* or his designee. < the appropriate ASCS commodity or (f) When such action will unduly in terfere with program operations. state office. § 1408.16 Debtors operating under (b) Setoffs to recover indebtedness to (g) If the debt is in an amount of more than one name. agencies other than those described in $3.00 or less. Any action authorized by the provi Paragraph (a) of this section shall be § 1408.12 Order of priority of setoffs. sions of this part may be taken against ®ade only upon filing of a request or (a) Debts shall be collected by setoffamounts payable to a debtor who Notice of Levy in accordance with in the following order of priority: operates businesses under more than »1408.8 which shall be mailed or delivered (1) Debts to CCC. one name, provided there is identical to the appropriate ASCS commodity or (2) Debts to ASCS and C&MS. ownership. 8096 RULES AND REGULATIONS
§ 1408.17 Responsibility o f agents o f or § 1427.1351 General statement. ton shall have the same meanings as the contractors with CCC. (a) The regulations in this subpart, definitions of such terms contained in the Agents of or contractors with CCC including any amendments and the an regulations in Chapter I, Part 28, Sec tion 28.1— 28.184 (Regulations of the shall carry out the policies stated in this nual supplement hereto, set forth the Department of Agriculture under the part, if the contract entered into with requirements with respect to loans on U.S. Cotton Standards Act) of this title CCC provides that they shall do so. In cotton of the 1965 crop and each subse and any amendment thereto. carrying out these policies such agents quent crop for which an annual supple or contractors shall follow the require ment to these regulations is issued. § 1427.1353 Administration. ments and conditions set forth in this Loans will be made available by CCC to (a) The Farmer Programs Division, part. eligible cotton producers on eligible up Agricultural Stabilization and Conserva land cotton and eligible extra long staple § 1408.18 Administration. tion Service, will administer the provi cotton through county offices. For other sions of this subpart under the general The policies set forth in this part shall than cotton cooperative marketing as supervision and direction of the Deputy be carried out through the appropriate sociation loans, each producer shall ob Administrator, State and County Opera divisions and offices of ASCS. tain his loan(s) through a county office tions, Agricultural Stabilization and and is responsible for delivering the loan Effective date. Upon publication in Conservation Service, in accordance documents to the county office for dis the F ederal R eg ist e r . with program provisions and policy de bursement. County committees may ap termined by the CCC Board and the Ex Signed at Washington, D.C., on June prove loan clerks at convenient loca ecutive Vice President, CCC. In the 18,1965. tions to assist producers in preparing field, the program will be administered H. D. G o d f r e y , loan documents. through State committees, county com Executive Vice President, (b) Disbursement of Form A loan mittees, and the New Orleans Office. Commodity Credit Corporation. proceeds will be made by county offices. (b) Forms will be available at State [F.R. Doc. 65-6654; Filed, June 23, 1965; § 1427.1352 Definitions. and county offices and the New Orleans 8:49 am .] Office and from loan clerks. As used in the regulations of this sub (c) State and county committees and part, and in all instructions, forms, and employees thereof, loan clerks, the New SUBCHAPTER B— LOANS, PURCHASES, AND documents in connection therewith, the Orleans Office and employees thereof do OTHER OPERATIONS words and phrases listed in this section not have authority to modify or waive shall have the meaning-assigned to them PART 1427— COTTON any of the provisions of this subpart or herein unless the context or subject mat any amendment or supplement thereto. ter otherwise requires. (d) No delegation herein to a State Subpart— Coffen Loan Program (a) General. The following words or Regulations or county committee or to the New Or phrases: “person”, “State Executive Di leans Office shall preclude the Executive In order to incorporate program rector”, “county office manager”, and Vice President, CCC, or his designee, from “farm ”, respectively, shall each have the changes, the regulations issued by Com determining any question arising under same meaning as the definition of such modity Credit Corporation, published in the program or from reversing or modi term contained in the regulations per 28 F.R. 5712, 28 F JR. 12794, 29 F.R. 11145, fying any determination made by a State taining to Reconstitution of Farms, or county committee or by the New Or 29 F.R. 12422, 29 FR. 12957, and 29 F.R. Allotments, and Bases, Part 719 of this leans Office. 14874 as the Cotton Loan Program Regu title and any amendment thereto. lations, are hereby revised to read as
Form CCC-810-1, Supplement to Cotton debt record, amounts due the producer (b) A classification charge of 35 Loan Program Clerk’s Agreement, with under the program provided for in this cents per bale shall be collected from the the county committee having jurisdiction subpart, after deduction of amounts pay producer by the warehouseman for all over the county office to which the loan able under paragraph (a) of this section, cotton for which samples are submitted documents are tendered for disburse shall be applied to such indebtedness, as to a board for a Form A3 classification ment. The producer or his agent shall provided in the Secretary’s Setoffs and or for a Form A3 review classification. not present the Form A for disbursement Withholdings Regulations, Part 13 of this The boards will bill warehouseman at unless the cotton covered by the Form A title and any amendments thereto. the end of each month for such charges. is in existence and in good condition. If (c) In any case referred to in para Payment of these bills shall be made by the cotton is not in existence and in good graphs (a) and (b) of this section, the check or money order payable to “Com condition at the time of disbursement, producer’s marketing card will indicate modity Credit Corporation” and mailed the producer shall immediately return that he must go to the county office in to the New Orleans Office. the loan draft issued in payment of the the county in which the farm records are § 1427.1367 Interest rate. loan, or if the loan draft has been ne maintained and have his loan documents gotiated, shall promptly refund the prepared and disbursed. Any amount Each loan (and charges, if applicable) proceeds. which is to be set off must be entered in shall bear interest from the date (s) of the space provided in the Cotton Pro disbursement at the rate(s) announced § 1427.1362 Service charges. ducer’s Note by the county office. in a separate notice published in the No service charge will be collected by (d ) . Compliance with the provisions ofF ederal R eg ister . CCC or by loan clerks except authorized this section shall not deprive the pro § 1427.1368 Maturity. clerk fees as provided in § 1427.1363. ducer of any right he otherwise has to (a) Loans mature on July 31 follow § 1427.1363 Clerk fees. contest the justness of the indebtedness involved in the setoff action, either by ing the calendar year in which the loan Loan clerks may, and county offices administrative appeal or by legal action. cotton was grown or upon such earlier shall, collect fees from producers for pre date as CCC may make demand for pay paring loan documents not to exceed the § 1427.1366 Classification and micro- ment. Whenever the maturity date falls naire readings o f cotton. fees shown in the following schedule: on a nonworkday for county offices, the Number of bales (a) References made to “classification”applicable date of maturity shall be on note: Maximum fee allowed in this subpart shall include micronaire extended to include the next workday. 1______25 cents. readings, if applicable, for upland cot (b) Upon the maturity and nonpay 2-6..______25 cents plus 15 cents for each ton. All cotton tendered for loan must ment of the note, CCC is authorized bale over 1. be classed by a USDA Board of Cotton without notice to the producer to sell, 7 and over. $1 plus 10 cents for each bale Examiners (referred to in this subpart transfer, and deliver the cotton, or docu over 6. as “the board”) and tendered on the ments evidencing title thereto, at such § 1427.1364 Liens. basis of such classification. A Cotton time, in such manner, and upon such Classification Memorandum Form 1 must terms and conditions as CCC may de Cotton tendered for loan must be free be based upon a representative sample termine, at any cotton exchange, or else and clear of all liens except the ware drawn in accordance with instructions where, or through any agency, at public houseman’s lien for those charges which to samplers drawing samples for orga or private sale, for immediate or future are authorized in the storage agreement nized improvement groups under the delivery, and without demand, advertise with CCC. The signatures of the holders Smith-Doxey Program. If the produc ment, or notice of the time and place of of all such existing liens on cotton ten er’s cotton has not been sampled for a sale or adjournment thereof or otherwise; dered as security for a loan, such as land Form 1 classification, the warehouseman and, upon such sale, CCC may become the lords, laborers, or mortgagees, must be shall sample such cotton and forward the purchaser of the whole or any part of obtained on the Lienholder’s Waiver on samples to the board serving the district such cotton. Any overplus remaining each Form A, except that in lieu of sign in which the cotton is located. Such from the proceeds received therefrom, ing the Lienholder’s Waiver on each warehouseman must be licensed by the after deducting from such proceeds the Form A, the lienholder may waive his Consumer and Marketing Service, U.S. amount of the loan, charges, and inter lien on all cotton of that crop produced Department of Agriculture, to draw est, shall be paid to the producer or to on a farm by use of Form 679. A fraudu samples for submission to the board. A his personal representative without right lent representation as to prior liens or C otton Classification Memorandum of assignment to or substitution of any otherwise will render the producer per Form A3 must be inserted in each such other person. sonally liable and subject him, and any sample. A Tag List and Record Sheet, (c) On or after maturity and non other person who causes the fraudulent Form CCC-812 (referred to in this sub payment of the note, title to the cotton representation to be made, to criminal part as “Form 812”), must be prepared shall, at CCC’s election, without a sale prosecution under the provisions of the by thé warehouseman, listing each sam thereof, vest in CCC, and CCC shall have Commodity Credit Corporation Charter ple included in a shipment to the board. no obligation to pay for any market -Act. A joint disbursement of loan pro A copy of such Form 812 shall be in value which such cotton may, have in ceeds to the producer and the lienholder cluded with the samples, and the origi excess of the amount of the loan and does not satisfy the requirement that nal and two copies must be mailed sepa charges plus interest. lienholders must execute the Lienhold rately to the board. The board will enter (d) To avoid administrative costs of er s Waiver. the classification of each bale on the making small payments and handling §1427.1365 Setoffs. Form 812 and return a copy of such form small accounts, amounts of $3 or less to the warehouseman. The Cotton Clas will be paid to the producer only upon (a) If any installment(s) on any loansification Memorandum Form A3 will be his request. Deficiencies of $3 or less, made available by CCC on farm-storage returned to the producer by the board. including interest, may be disregarded p it ie s or mobile drying equipment is If a sample has been submitted for a unless demand for payment is made by Payable under the provisions of the note Form 1 or Form A3 classification, an CCC. such loan out of any amount other sample shall not be drawn and vvf producer under the program pro § 1427.1369 Warehouse receipts and in forwarded to a board except for a review surance. vided for in this subpart, the producer classification. Where review classifica ®ust designate CCC as payee of such tion is not involved, if through error or Only negotiable machine card-type amount to the extent of such install- otherwise two or more samples from the warehouse receipts, acceptable to CCC not to exceed that portion same bale are submitted for classifica and issued by approved warehouses, . tile amount remaining after deduction which provide for delivery of the cotton tion, the loan rate shall be based on the holder c o u n t s due prior lien- to bearer or are properly assigned by *e£iS and classification having the lower loan endorsement in blank so as to vest title 0_|> the producer is indebted to CCC, value. If a Form 1 or Form A3 review in the holder of the receipt, will be ac nth tile producer is indebted to any classification is obtained, the loan value ceptable. The warehouse receipt must agency of the United ¡States, and of the cotton represented thereby will be contain the gin bale number, must show n indebtedness is listed on the county based on such review classification. that the cotton is covered by fire insur- 8100 RULES AND REGULATIONS ance, and must be dated on or prior to weighed by a public or licensed weigher repaid or until maturity date of the the date the producer signs the note. and obtain a Weight and Condition Cer loan, whichever is earlier. tificate in the form prescribed by CCC. Open yard endorsement, if any, on the § 1427.1373 Loss of or damage to warehouse receipt must have been re The receiving agency shall also execute pledged cotton. scinded with the legend “Open yard dis the Receiving Agency’s Certificate. The claimer deleted” with appropriate ware receiving agency shall ship the cotton, In any case where loss of or damage houseman’s signature. Each receipt secure order bills of lading in a form ac to cotton occurs while such cotton is must set out in its written or printed ceptable to CCC, and deliver to the pro pledged to CCC, CCC shall have the right terms a description by tag number and ducer the bills of lading, together with to determine and file claims against any gross weight of the bale represented Form A, classification memorandums, liable parties for the resulting loss. Up thereby, including bagging weight allow and Weight and Condition Certificate (if on determination of .the identity of the ance as specified in § 1427.1359(a), if any>. If the receiving agency is a ware bales of loan cotton lost or damaged, any, and all other facts and statements houseman, it may collect fees for ware CCC will give credit on the producer’s required to be stated in the written or house charges as permitted for the crop note for the loan value (including printed terms of a warehouse receipt year, and a fee of not to exceed 10 cents charges and interest) of such cotton. If under the provisions of section 2 of the per bale to cover the costs of preparation the proceeds of the claim exceed the loan \ Uniform Warehouse R eceipts Act. of shipping documents. If the receiv value of such cotton, the excess proceeds Warehouse receipts reflecting an altera ing agency is not a warehouseman, it shall be remitted to the producer or to tion in the weight of the bale will not shall, for the purpose of payment of gin the party repaying the loan if the loan be accepted by CCC unless they bear, on compression only, be considered as a has been repaid. the face of the receipt, the following warehouseman and shall bé permitted to § 1427.1374 Transfer o f producer’s in legend, or similar wording approved by collect from CCC charges for gin com terest in loan cotton. CCC, duly executed by an authorized pression, as provided in the storage warehouse representative: agreement for the crop year between CCC If a producer desires to sell his equity and approved warehouses, and shall be in upland or extra long staple cotton Corrected w e ig h t------permitted to collect from producers a fee pledged as security for a loan, he must use a Form CCC Cotton 813, Release of (Name of warehouse) not in excess of the fee set forth in the Warehouse Receipts (referred to in this By ------Receiving Agency Agreement executed by Date i______the receiving agency, and shall post in subpart as “Form 813”), for this pur a conspicuous place a notice showing the pose. Blank copies of this form may be Block warehouse receipts will not be ac fee to be charged producers. Loans shall obtained from county offices. Informa cepted except on cotton to be reconcen be made at the full loan rate at the point tion required to complete Form 813 is trated pursuant to § 1427.1371. If the where the receiving agency receives the contained on the “Producer’s Copy” of warehouse receipt does not show that cotton. CCC shall pay warehouse stor the Form A. If the “Producer’s Copy” warehouse receiving charges have been age charges on cotton tendered by the of the Form A has been lost or destroyed, paid, the amount of the loan will be re producer for a loan under this section if he may obtain a duplicate from the duced by the amount specified in the ''the receiving agency is a warehouseman. county office maintaining custody of the warehouseman’s tariff for receiving loan documents. The equity purchaser charges. In such cases, the receiving § 1427.1371 Loans on cotton to be re must have executed the “Certificate of charges will be paid to the warehouse concentrated. Purchaser” on each Form 813 which is man by CCC after loan maturity if the Loans on cotton to be reconcentrated submitted. If the equity purchaser does cotton is not redeemed from the loan, or shall be available only on cotton stored not transfer to another his interest in at time of shipment, if the cotton is or at warehouses approved by the New the cotton, he must also execute the “Re dered shipped by CCC while in loan Orleans office in areas where there is a demption Request on Form 813 and status. shortage of storage space. The ware deliver the form to the county office § 1427.1370 Loans on order bills of houseman shall enter into a reconcen maintaining custody of the loan docu lading. tration agreement with CCC. W are ments within 7 business days after the house receipts covering Cotton to be re date the producer executes the Pro (a) Loans on cotton represented by concentrated under a reconcentration ducer’s Equity Transfer Agreement” on order bills of lading will be available only agreement must be in a form acceptable the form or the equity transfer will be in areas and during the periods specified to CCC and must provide for delivery of void. If the equity purchaser transfers by the New Orleans office where there is the cotton to the order of CCC. Block to another his interest in the cotton a shortage of storage space and where the warehouse receipts covering cotton to be covered by the Form 813, the transferee necessary arrangements for handling the reconcentrated under a reconcentration must execute the “Transferee’s Redemp cotton have been made. agreement will be accepted. A producer tion Request” on the form and deliver (b) Cotton represented by order bills who desires to obtain a loan in this man the form to the county office maintain of lading will be eligible for a loan only ner should request the warehouseman ing custody of the loan documents within when it is shipped by an approved receiv to issue a warehouse receipt to him in 7 business days after the date the pro ing agency as agent for the producer. the form specified above and must fur- ducer executes the “Producer’s Equity Warehousemen, ginners, and other re jiish written authorization to the ware Transfer Agreement” on the form or the sponsible parties in areas where such houseman for the reconcentration of the equity transfer will be void. The ware loans are available, may be approved by cotton after which the warehouseman house receipts (and the classification CCC to act as receiving agencies. A re will ship the cotton. The Forms A and memorandum, if requested) covering the ceiving agency shall enter into a receiv warehouse receipts covering cotton to be bales of cotton being redeemed from the ing agency agreement with CCC. When reconcentrated under a reconcentration loan will be delivered to the equity piu> receiving agencies are approved, notifi agreement must show the reconcentra chaser or his transferee upon paym ^ cations will be given by letter or by pub of the loan, charges and interest within tion order number under which the cot lished lists. ton will be shipped. The producer shall 5 business day after the Form 813 is de (c) A producer in any such area who obtain a loan by use of these documents livered to the county office, or, it is unable to find storage space in his local equity purchaser or transferee reque in the usual manner, and after receipt area and who wishes to obtain such a the warehouse receipts (and classm of the loan documents, CCC will sur loan should deliver his cotton to a receiv tion memorandums, if applicable) render the warehouse receipts to the ing agency with the request that it ship forwarded to a bank for payment, P warehouseman. the cotton as agent for the producer, in payment of the loan, charges, and - accordance with shipping instructions § 1427.1372 Custodial offices. terest within 5 business days aft furnished by CCC, to an approved ware Forms A, collateral warehouse receipts, receipts are received by such 4 » • house where storage space is available. cotton classification memorandums, and County offices and banks may valid cotton payment-in-kind certm The receiving agency shall complete the related documents will be maintained in Schedule of Pledged Cotton on Form A. custody of the county office which keeps cates in payment of all or part If the receiving agency is not a ware thé farm records for the farm on which amount due on the upland cotton houseman, it shall have the cotton the cotton was produced until they are redeemed. Repayments will not Thursday, June 24, 1965 FEDERAL REGISTER 8101 cepted after CCC acquires the cotton. does not file the required Form 815. The (c) Preparation of Notes. The Forms All charges assessed by the bank to which attorney-in-fact shall not make any A shall be prepared by an approved loan the warehouse receipts are sent must be purchases of cotton covered by the power clerk who is the person who made the paid by the person redeeming the cotton. of attorney for his own account or as loan advances or is an employee of the If payment is not effected within the agent for others, and he shall make an person or firm which made the loan ad applicable 5-business-day period and accounting to the producer for the sales vances and shall show the entire proceeds prior to the time at which the loan ma proceeds in each case in which the of the loans for disbursement to the fi tures and CCC acquires the cotton, attorney-in-fact redeems any of the nancial institution which is to allow whichever is earlier, the equity transfer producer’s loan cotton and sells it. If credit to the person or firm which made will be void. A producer who desires to the attorney-in-fact holds powers of at the loan advances or to such financial in appoint an attorney-in-fact to act in his torney from more than one producer, he stitution and such person or firm as joint place and stead in selling his equity in may not pool their loan cotton which he payees. loan cotton shall use Form 211 except redeems or the proceeds therefrom nor (d) Delivery of Notes to County Office. that a power of attorney on another form make settlement with such producers on The Forms A and related documents as will be accepted if it is determined by a pool basis upon sale of the cotton. required by § 1427.1357 shall be mailed CCC to be legally sufficient and if the § 1427.1376 Cotton cooperative market or delivered to the county office which producer is unable to execute Form 211. ing association loans. keeps the farm records for the farms on The original or facsimile of the power of which the cotton was produced. The attorney or a copy certified by a notary A cotton cooperative marketing as documents shall be accompanied by a public as a true and correct copy must sociation which meets the eligibility transmittal schedule in triplicate show be filed with the county office which has requirements established by CCC in Part ing: custody of the loan documents. If the 1425 of this title and any amendment (1) The name and address of the attorney-in-fact desires to act under thereto, may enter into a Cotton Co county office. the power of attorney, he must execute operative Loan Agreement with CCC (2) The name and address of the per and file with the county office which has which provides for price support through son or firm which made the loan ad custody of the loan documents an Agree the association to its producer-members. vances. ment of Attorney-in-Fact, Form CCC- Copies of the form of agreement will be (3) The name and address of the fi 815 (referred to in this subpart as “Form furnished to the association by CCC. nancial institution. 815”) covering such crop. A Form 813 The loan rates under this agreement will (4) The producer’s name, number of executed by- an attorney-in-fact shall be the same as for loans made to in bales and loan amount for each note. be void and will not be recognized by dividual producers on Forms A and (5) The total number of bales and CCC if the attorney-in-fact does not eligibility requirements for cotton and total amount of notes. file the required Form 815. producers tendering cotton to the as (6) A certification signed by the per sociation and other loan provisions will son or firm which made the loan ad § 1427.1375 Repayment of loan by pro be similar to those for Form A loans vances as follows: I (we) certify with ducer. made to individual producers. Valid respect to the loan documents covered by cotton payment-in-kind certificates may (a) If a producer desires to redeem this schedule that I (we) have made loan be used in payment of the amount due one or more bales of cotton pledged to advances to the producers for the full on upland cotton being redeemed. CCC as security for a loan, he may re loan value of the cotton as shown on the ceive the warehouse receipts and the § 1427.1377 Death, incompetency, or Form A notes. classification memorandum applicable to disappearance. (7) A certification by the financial in stitution as follows: We certify that we such cotton upon payment of the loan, In the case of death, incompetency, or have allowed credit to the account of charges, and interest applicable to the disappearance of any producer who is en the person or firm identified above for bales of cotton being redeemed at the titled to the payment of any proceeds in the total amount of this schedule subject county office which has custody of the settlement of a loan, payment shall, upon to adjustment for the amount of any loan documents. He may also request proper application to the county office notes not acceptable for disbursement. the warehouse receipts (and classifica which disbursed the loan, be made to the tion memorandums) be forwarded to a person or persons who would be entitled Upon receipt of the loan documents and bank for payment, in which case the to such producer’s payment as provided transmittal schedule, the county office amount of the loan, charges, and interest in the regulations entitled Payment Due will stamp one copy of the transmittal must be paid to the bank within 5 busi Persons Who Have Died, Disappeared, or schedule to indicate receipt of the docu ness days after the receipts are received Have Been Declared Incompetent, Part ments and return the copy to the fi by the bank. Repayments will not be 707 of this title and any amendment nancial institution. accepted after CCC acquires the cotton. thereto. (e) Disbursement of loans. The All charges assessed by the bank to which county office will review the loan docu the receipts are sent must be paid by the § 1427.1378 Special procedure where ments prior to disbursement and will re producer. If the “Producer’s Copy” of full loan value advanced. turn to the financial institution any Form A has been lost or destroyed, he documents determined to be not accept may obtain a duplicate from the county (a) Purpose. This special procedure is provided to assist persons or firms able because of errors or ineligibility. office which has custody of the loan The county office will disburse the loans documents. which in the course of their regular busi ness of handling cotton for producers for which loan documents are acceptable. (b) A producer who desires to appoint Loan drafts will be issued to the payee an attorney-in-fact to act in his place have made advances to eligible producers on eligible cotton to be placed under price indicated on the Form A and will be and stead to redeem his loan cotton shall mailed to the address shown for such use Form 211, except that a power of support loans and desire to obtain credit at a financial institution for the amounts payee on the notes with a copy of the attorney on another form will be ac transmittal schedule. The loan drafts cepted if it is determined by CCC to be advanced. (b) Eligible Documents. This special will be dated as of the dates loan docu legally sufficient and if the producer is ments acceptable to CCC were delivered unable to execute Form 211. The origi- procedure shall apply only to loan docu ments covering cotton on which a per to the county office or, if received by mail, nal or facsimile of the power of attorney the date of mailing as indicated by post °r a copy certified by a notary public as son or firm has advanced to the pro ducers (including payments to prior lien mark. a +uUe an<* correct copy must be filed holders and other creditors) the full loan (f ) Investment of Funds by the Finan f county °ffice which has custody cial Institution. If the financial insti P the loan documents. The attorney- value of the cotton as shown on the Forms A, except for authorized loan clerk tution is eligible to participate under the in-fact must execute and file with the fees, and is entitled to reimbursement regulations covering Participation of county office which has custody of the from the proceeds of the loans for the Financial Institutions in Cotton Loan loan documents a Form 815 as provided amounts advanced, and has been author Pools, the financial institution shall, for m § 1427.1374, and the attorney-in-fact ized by the producers to deliver the loan the purpose of such regulations, be will not be allowed to redeem cotton documents to the county office for dis deemed to have invested funds in the Pursuant to the power of attorney if he bursement. loan drafts as of the dates thereof and 8102 RULES ANO REGULATIONS may earn interest from such dates by inspect and rebut any evidence consid (2) In §71.171 (29 F.R. 17581) the entering such dates as the dates of in ered which was not submitted by him. Huron, S. Dak., control zone is amended vestment in converting the loan drafts The decision of the district director shall to read: to certificates and otherwise complying set forth the pertinent facts adduced Huron, S. Da k . with the regulations covering Participa from the evidence considered and give Within a 5-mile radius of Howes Airport, tion of Financial Institutions in Cotton the specific reasons for the decision in Huron, S. Dak. (latitude 44°23'03" N., longi Loan Pools. The financial institution the light of the facts and the relating tude 98° 13 '39" W.); and within 2 miles must secure the endorsement of any joint provisions of section 101(a) (15) (H M i). each side of the Huron VOR 134° radial, ex payee on such loan drafts. Managers, trainers, musical accompan tending from the 5-mile radius zone to the ists, and other persons determined by the VOR. Effective date. This subpart shall be district director to be necessary for suc come effective upon filing with the F ed (3) In §71.181 (29 F.R. 17643) the cessful performance by the beneficiary following transition area is added: eral R egister for publication; of a petition approved for classification Huron, S. Da k . Signed at Washington, D.C., on June under section 101(a) (15) (H M i) may 18,1965. also be accorded such classification if That airspace extending upward from 700 H. D. G o d f r e y , included in the same or a separate peti feet above the surface within 7 miles NE and Executive Vice President, tion. 8 mUes S W of the Huron ILS localizer NW and SE courses extending from 6 miles SE to Commodity Credit Corporation. 2. Subparagraph (4) Special classes of14 mUes N W of the outer marker. [F.R. Doc. 65-6653; Filed, June 21, 1965; paragraph (h) Temporary employees of (Sec. 307(a) of the Federal Aviation Act of 4:59 p.m.] § 214.2 Special requirements for admis 1958; 49 U.S.C. 1348) sion, extension, and maintenance of status is amended by deleting the pe Issued in Kansas City, Mo., on June 14, nultimate sentence thereof. 1965. Title 8— ALIENS AND E dw ard C. M arsh, (Sec. 103 , 66 Stat. 173; 8 U.S.C. 1103) Director, Central Region. NATIONALITY This order shall be effective on the [F.R. Doc. 65-6613; Filed, June 23, 1965; date of its publication in the F ederal 8:45 ajn.] Chapter I— Immigration and Nat R eg ist e r . Compliance with the provi uralization Service, Department of sions of section 4 of the Administrative Justice Procedure Act (60 Stat. 238; 5 U.S.C. [Airspace Docket No. 65-CE-26] 1003) as to notice of proposed rule mak PART 214— NONIMMIGRANT ing and delayed effective date is unneces PART 71— DESIGNATION OF FEDERAL CLASSES sary in this instance because the rules AIRWAYS, CONTROLLED AIRSPACE, prescribed by the order relate to agency AND REPORTING POINTS Special Requirements for Admission, procedure. Extension, and Maintenance of Designation of Transition Areas, Al Dated: June 18, 1965. Status teration of Control Zone and Revo R a y m o n d F. F ar r ell, cation of Control Area Extension The following amendments to Chapter Commissioner of On March 31,1965, a notice of proposed I of Title 8 of the Code of Federal Reg Immigration and Naturalization. rule making was published in the F ed ulations are hereby prescribed: [F.R. Doc. 65-6645; Filed, June 23, 1965; eral R egister (30 F.R. 4207) stating that 1. Subdivision (i) of subparagraph (2) 8:48 a.m.] the Federal Aviation Agency proposed to Supporting evidence of paragraph (h) alter the controlled airspace in the Des Temporary employees of § 214.2 Special Moines, Iowa, and Newton, Iowa, termi requirements for admission, extension, and maintenance of status is amended nal areas. Interested persons were afforded an to read as follows: Title 14— AERONAUTICS AND opportunity to participate in the ‘rule (i) Petition for alien of distinguished SPACE making through the submission of com merit and ability. A petitioner seeking ments. The only comments received to accord an alien a classification under Chapter I— Federal Aviation Agency were from the Air Transport Associa section 101(a) (15) (H ) (i) of the Act shall [Airspace Docket No. 65—CE—25] tion, expressing their concurrence in the annex to the petition documentation, proposed actions. certifications, affidavits, degrees, diplo PART 71— DESIGNATION OF FEDERAL In consideration of the foregoing, Part mas, writings, reviews, and any other AIRWAYS, CONTROLLED AIRSPACE, 71 of the Federal Aviation Regulations evidence attesting to the fact that the AND REPORTING POINTS is amended effective 0001 e.s.t., August beneficiary is a person of distinguished 19, 1965, as hereinafter set forth. merit and ability and that the services Alteration of Control Zone, Designa (1) In § 71.165 (29 F.R. 17557) the the beneficiary is to perform require a tion of Transition Area and Revoca Des Moines, Iowa, control area extension person of such merit and ability. tion of Control Area Extension is revoked in its entirety. School records, diplomas, and similar (2) In § 71.171 (29 F.R. 17581) the documentation submitted must reflect On March 16, 1965, a notice of pro Des Moines, Iowa, control zone is periods of attendance, courses of study, posed rule making was published in the amendedto read: F ederal R eg ister (30 F.R. 3455) stating and simliar pertinent data. Affidavits Des Moines;* I owa submitted by present or former employers that the Federal Aviation Agency pro or recognized experts certifying to the posed to alter the controlled airspace in rithin a 5-mile radius of the Des Moine expertise of the beneficiary shall be in the vicinity of Huron, S. Dak. nicipal Airport (latitude 41 °32 10 Interested persons were afforded an jitude 93°39'28" W .); and Within 2 miles sufficient detail to be self-explanatory a side of the Des Moines VORTAC 356 concerning the beneficiary’s experience opportunity to participate in the rule ial, extending from the 5-mile ra and ability, and must set forth the man making through the submission of com e to the VORTAC; and within 2 mile ner in which the affiant acquired such ments. The only comment received was a side of the Des Moines ILS localizer S information. Copies of any contracts from the Air Transport Association, N W courses extending from the 5-m between the petitioner and beneficiary wherein they endorsed the proposed Lus zone SE to the LOM and NW o es N W of the NW end of the Des Moines shall also be annexed to tlie petition. actions. In adjudicating the petition, the district In consideration of the foregoing, Part aicipal Airport Runway 12. director shall consider all the evidence 71 of the Federal Aviation Regulations 3) In § 71.181 (29 F.R. 17643) the fol- submitted, and such other evidence is amended effective 0001 e.s.t., August ing transition areas are added. as he may independently require or pro 19, 1965, as hereinafter set forth. Des Moines, Iowa (1) In § 71.165 (29 F.R. 17557) the cure to assist his adjudication. If an hat airspace extending upward fromJOO Huron, S. Dak., control area extension adverse decision is proposed, the peti ___ +1.« within an ia tioner shall be notified and invited to is revoked in its entirety. Thursday, June 24, 1965 FEDERAL REGISTER 8103 radius of Des Moines Municipal Airport (lat (2) In §71.181 (29 F.R. 17643) thetown VOR 006° radial extending from the itude 41°32'10" N., longitude 93°39'28" W.) ; following transition area is added: VOR to 12 miles N of the VOR; and that and that airspace extending upward from airspace extending upward from 1,200 feet 1,200 feet above the surface beginning NE Columbus, Nebr. above the surface south of Watertown bound of Des Moines at latitude 42°00'00" N., longi That airspace extending upward from 700 ed on the E by longitude 96°50'00" W., on the tude 92°53'00” W., thence W along latitude feet above the surface within a 6-mile radius 5 by latitude 44°34'00" N., on the W by longi 42°00'00” N. to and S along longitude 94°- of the Columbus Municipal Airport (latitude tude 97°21'00" W. and on the N by latitude OO'OO" W., to and W along the S edge of V - 41°26'50'' N., longitude 97°20'25" W .), and 44°56'00" N., the airspace northwest of W a 172, to and S along longitude 94°42'00" W., within 8 miles NE and 5 miles SW of the tertown within 5 miles NE and 8 miles SW of to and E along the N edge of V -6, to longi Columbus VOR 141° radial extending from the Watertown VOR 297° radial extending tude 94°25'00'' W., thence SE to latitude the VOR to 12 miles SE, and within 8 miles from the VOR to 30 miles NW of the VOR, 40°56'3O" N., longitude 93°54'00" W., thence W and 5 miles E of the Columbus VOR 340° and the airspace north of Watertown within E to latitude 41°10'00" N., longitude 92°- radial extending from the VOR to 12 miles N 6 miles W and 5 miles E of the Watertown 53'00" W., thence N to the point of begin and within 8 miles SW and 5 miles NE of the VOR 006° radial extending from the VOR ning. 330° and 150° bearings from the Columbus to 39 miles N of the VOR. RBN extending from 2 miles SE of the RBN Newton, I owa (Sec. 307(a) of the Federal Aviation Act of to 12 miles NW of the RBN. That airspace extending upward from 700 1958; 49 U.S.C. 1348) feet above the surface within a 4-mile radius (Sec. 307(a) of the Federal Aviation Act of 1958; 49 U.S.C. 1348) Issued in Kansas City, Mo., on June of the Newton Municipal Airport (latitude 14,1965. 41°40'40" N., longitude 93°01'25" W .); and Issued in Kansas City, Mo., on June 14, within 2 miles each side of thé Newton VOR E dw ard C. M a r s h , 149° radial extending from the 4-mile radius 1965. Director, Central Region. E dw ar d C. M a r sh , area to the VOR. [F.R. Doc. 65-6616; Filed, June 23, 1965; Director, Central Region. (Sec. 307(a) of the Federal Aviation Act of 8:45 a.m.] 1958; 49 U.S.C. 1348) [F.R. Doc. 65-6615; Filed, June 23, 1965; 8:45 a.m.j Issued in Kansas City, Mo., on June [Airspace Docket No. 65—CE—57] 14, 1965. pa rt 71— designation o f fed er a l E dw ard C. M ar sh , [Airspace Docket No. 65—CE-37] AIRWAYS, CONTROLLED AIRSPACE, Director, Central Region. PART 71— DESIGNATION OF FEDERAL AND REPORTING POINTS [P.R. Doc. 65-6614; Filed, June 23, 1965; AIRWAYS, CONTROLLED AIRSPACE, 8:45 a.m.] AND REPORTING POINTS Withdrawal of Rule Modifying Control Zone [Airspace Docket No. 65-CE-30] Alteration of Control Zone, Designa tion of Transition Area and Revo A rule modifying a certain portion of PART 71— DESIGNATION OF FEDERAL cation of Control Area Extension the Aberdeen, S. Dak., control zone, to AIRWAYS, CONTROLLED AIRSPACE, be effective July 22, 1965, was published AND REPORTING POINTS On April 7, 1965, a notice of proposed in the F ederal R egister on May 13, 1965 rule making was published in the F ed (30 F.R. 6578). Designation of Control Zone and eral R egister (30 F.R. 4490) stating that This airspace was to be modified due Transition Area the Federal Aviation Agency proposed to to the scheduled conversion of the Aber alter the controlled airspace in the deen, S. Dak., L/MF radio range to a On April 8, 1965, a notice of proposed vicinity of Watertown, S. Dak. radio beacon on July 22,1965. The Fed rule making was published in the F ed Interested persons were afforded an eral Aviation Agency is now considering eral R egister (30 F.R. 4553) stating opportunity to participate in the rule whether this radio facility will be needed. that the Federal Aviation Agency pro making through the submission of com Therefore, the radio range will not be posed to designate controlled airspace in ments. The only comment received was converted. Accordingly, the rule is be the Columbus, Nebr., terminal area. from the Air Transport Association, ing withdrawn. Interested persons were afforded an wherein they expressed their concur In consideration of the foregoing, no opportunity to participate in the rule rence with the proposed alteration. tice is hereby given that the rule con making through submission of com In consideration of the foregoing, Part tained in Airspace Docket No. 65-CE-57 ments. Due consideration was given to 71 of the Federal Aviation Regulations is is withdrawn. By reason of the forego all relevant matters presented. The Air amended effective 0001 es.t., August 19, ing, the Aberdeen, S. Dak., control zone Transport Association offered no objec 1965, as hereinafter set forth. will continue to include that airspace tion to the airspace designation as pro (1) § 71.165 (29 F.R. 17557) the designated as “Aberdeen R.R. S course, posed. A request to have Brandt’s Air Watertown, S. Dak., control area exten extending from the 5-mile radius zone to strip near Columbus, Nebr., excluded sion is revoked in its entirety. 8 miles S of the R.R.” until further noti from the proposed control zone was re (2) §71.171 (29 F.R. 17581) the fication by the Federal Aviation Agency. ceived from Mr. Norman Brandt, owner Watertown, S. Dak., control zone is (Sec. 307(a) of the Federal Aviation Act of of said airstrip. The Agency has deter amended to read: 1958; 49 U.S.C. 1348) mined that the control zone cannot be Watertown, S. Da k . adjusted so as to exclude the Brandt Air Issued in Kansas City, Mo., on June 14, strip without impairing safety. Within a 5-mile radius of Watertown, 1965. In consideration of the foregoing, Part S. Dak., Municipal Airport (latitude 44°54'- E dw ar d C. M ar sh , 35" N., longitude 97°09'30" W.), within 2 Director, Central Region. 71 of the Federal Aviation Regulations miles each side of the Watertown VOR 185° , 18 amended, effective 0001 e.s.t., August radial, extending from the 5-mile radius [F.R. Doc. 65-6617; Filed, June 23, 1965; 19,1965, as hereinafter set forth. zone to 11 miles S of the VOR, and within 2 8:45 a.m.] (1) In § 71.171 (29 F.R. 17581) the miles each side of the 146° bearing from following control zone is added; Watertown Municipal Airport, extending from the 5-mile radius zone to 12 miles SE [Airspace Docket No. 65-WE-66] Columbus, NeDh. of the airport. Within a 5-mile radius of the Columbus PART 71— DESIGNATION OF FEDERAL Municipal Airport (latitude 41°26'50" N., (3) In § 71.181 (29 F.R. 17643) the AIRWAYS, CONTROLLED AIRSPACE, longitude 97°20'25" W .), and within 2 miles following transition area is added; each side of the Columbus VOR 340° and AND REPORTING POINTS W atertown, S. Da k . «1 ° radials, extending from the 5-mile Revocation of Transition Area radius zone to 8 miles N and SE of the VOR, That airspace extending from 700 feet and within 2 miles each side of the 330° above the surface within a 9-mile radius of The purpose of this amendment to bearing from the Columbus RBN, extending Watertown, S. Dak., Municipal Airport'(lati § 71.181 of the Federal Aviation Regula rom the 5-mile radius zone to 8 miles N W tude 44°54'35" N., longitude 97°09'30" W .), tions is to revoke the Essex, Calif., or the RBN. This control zone shall be effec- within 2 miles each side of the Watertown he during the times established by a Notice VOR 185° radial extending from the 9-mile transition area. o Airmen and continuously published in the radius area to 20 miles S of the VOR, and The Federal Aviation Agency has de Alrnian’s Information Manual. within 5 miles E and 8 miles W of the Water termined that the Essex, Calif., transi- 8104 RULES AND REGULATIONS tion area is no longer required for air authority to require an operating certifi craft operations and the proper handling traffic control purposes and, therefore, cate of the type proposed in these regu and dispensing of economic poisons and is no longer justified as an assignment lations. other agricultural chemicals and mate of controlled airspace. Action is taken The legal authority of the Agency was rials. The flight test is designed to show herein to revoke the Essex, Calif., transi discussed in the original proposal (Draft that he possesses sufficient skill in per tion area. Release No. 62-47) and at the public forming basic agricultural aircraft flight Since this amendment is minor in na hearing-conducted by the Agency. Sec maneuvers with an aircraft loaded to ture and imposes no additional burden tion 307(c) of the Federal Aviation Act its gross weight. A “grandfather” clause on any person, notice and public proce of 1958 (49 U.S.C. 1348(c)) authorizes would exempt from the knowledge test dure hereon are unnecessary and the and directs the Administrator to pre and the flight test, requirements any per amendment may be made immediately. scribe, among other things, regulations son who holds a currently effective cer In consideration of the foregoing, Part for the protection of persons and prop tificate of waiver at the time he applies 71 of the Federal Aviation Regulations erty on the ground. The legislative his for an agricultural aircraft operator cer is amended as hereinafter set forth. tory of this provision which did not ap tificate, and whose record of operation Section 71.181 (29 F.R. 17662) is pear in the previous provisions of the under the waiver has not disclosed any amended by revoking the following tran Civil Aeronautics Act of 1938, indicates question regarding the safety of his fly sition area: the intent of the Congress to authorize ing or his competence in dispensing the Administrator to place restrictions agricultural materials and chemicals. Essex, Calif. upon aircraft engaged in crop dusting Pilots who have a satisfactory record This amendment Shall become effec and spraying as are necessary for the while working for such operators are tive upon the date of publication in the protection of persons and property on also covered by the grandfather clause. F ederal R eg iste r . the ground. In addition, section 607 of The rules of Part 137 are directed to (Sec. 307(a) of the Federal Aviation Act of the Act (49 U.S.C. 1427) provides ample the safety of agricultural aircraft opera 1958, as amended; 72 Stat. 749; 49 U.S.C. authority for the Administrator to issue tions and the dispensing of materials 1348) certificates not only for flight schools but during such operations. No attempt has for other air agencies, such as agricul been made to establish flight procedures Issued in Los Angeles, Calif., on June tural aircraft operators, as may be nec for specific crops or to direct the use of 15,1965. essary in the interest of the public. particular application techniques, nor do J o s e ph H . T ip p e t s , As stated at the public hearing, the the rules prescribe the kinds of chemi Director, Western Region. Agency is not persuaded that the exist cals or other materials to be used. How [F.R. Doc. 65-6618; Filed, June 23, 1965; ence of some local laws relieves the Ad ever, it does prohibit the dispensing of 8:46 a.m.] ministrator of his statutory duty to pre economic poisons for a use other than scribe adequate and uniform regulations that for which it is registered with the (Docket No. 1464] not only for the safety of flight, but for U.S. Department of Agriculture, con the protection of persons and property trary to any safety instructions on its PART 137— AGRICULTURAL on the ground. To perform this duty label, or in violation of any federal law AIRCRAFT OPERATIONS properly, we have concluded that this or regulation. Limitation of the use of new Part 137 is necessary. The use of a an economic poison to its registered use This amendment adds , a new Part certificate of waiver for agricultural air with the Department of Agriculture 137—Agricultural Aircraft Operations, craft operations has not been entirely which has federal responsibility for eco to the Federal Aviation Regulations. satisfactory. By nature it is a negative nomic poisons registered for use, will This amendment was originally pro approach as it authorizes nonobservance assure its safety and efficacy in agricul posed as a notice of proposed rule mak of air traffic rules without any control tural aircraft operations. The rules do ing issued as Draft Release No. 62-47 over the dispensing of the economic poi not, of course, relieve the agricultural and published in the F ederal R egister sons from the aircraft. At the hearing aircraft operator of the responsibility of on November 7,1962 (27 F.R. 10848). As concerning the buildup of pesticides in complying with any State or local laws a result of the comments received the certain areas of this country, conducted enacted pursuant to health and police proposal was modified and republished by the Subcommittee on Reorganization powers relating to the dispensing of ag in the F ederal R eg ister September 10, and International Organizations of the ricultural materials and chemicals. As 1964, with a notice of public hearing (29 U.S. Senate Government Operations in the past, compliance with such rules F.R. 12781 ). The new part basically fol Committee, in April of 1964, the need is a matter for the appropriate State or lows t6e modified proposal contained in for regulations controlling the dispens local authorities rather than this Agency. that notice of public hearing. ing of economic poisons was brought to As a result of the comments received A large number of written comments the attention of the Agency. and a further review within the Agency were received on both notices. In addi Whether similar controls should be a number of changes have been made to tion, many oral comments were received adopted for operators of ground equip the modified proposal. The changes are at the public hearing held on November ment used in the dispensing of agricul discussed in detail below. 5, 1964, at Oklahoma City, Okla. The tural chemicals is not, of course, a mat 1. Definitions of “agricultural aircraft Agency wishes to thank all those who ter for decision by this Agency. How operation”, and “economic poison” have have so contributed. The comments re ever, to the extent that the dispensing of been added. These definitions follow ceived have been very helpful in resolv agricultural chemicals involves the use generally the definitions of these terms ing the many issues involved in this of aircraft, it is the responsibility of this as proposed in the original notice. rule making action. All comments have Agency to decide whether additional Written and .oral comments received been carefully considered. It is only controls are necessary for safety of the in response to the proposal objected u> with the full participation of the avia aircraft in flight and for the protection the use of the term “economic poison” m tion community that the Agency can be of persons and property on the ground. referring to certain, agricultural chemi assured that its regulations are fair and Moreover, this responsibility is not af cals and herbicides used in agricultural adequately meet only demonstrated fected by the absence of similar controls aircraft operations. These objections needs. by State and local governments over were based upon the contention that A large number of comments objected other means of dispensing. those chemicals and herbicides are not, to the establishment of Agricultural Air In substance, Part 137 as adopted in most cases, harmful to animal life, °r craft operator certificates and rules. herein provides that an applicant for an because the public would associate the These comments were based mostly upon agricultural aircraft operator certificate, word poison with injury or death and the assumption that: (1) The regula or the person who is to be his chief thus object to its use. . tions are unnecessary and discrimina supervisor, must pass tests on his knowl The term “economic poison” as used m edge of agricultural materials and their tory with respect to the aerial applica the Federal Insecticide, Fungicide an tors since similar controls are not placed application and his agricultural aircraft Rodenticide Act is defined in 7 fLS- • upon ground applicators, (2) agricul flying skill. In addition, each pilot in 135. Since the regulation is intended to tural aircraft operations are now ade command must pass a similar test. The quately controlled by the States, (3) knowledge test is designed to show his refer to economic poisons as defined 7 the Agency does not have the statutory understanding of safe agricultural air that Act, it would serve no useful pur- Thursday, J u n e 24, 1965 FEDERAI REGISTER 8105 pose to give them a different name un 7. Proposed §§ 137.33 and 137.37 (now While this recommendation has merit, der these regulations. §§ 137.49 and 137.51(b)) have been mod the Agency does not believe it will ade Other comments in regard to defini ified to limit the no hazard prohibition quately accomplish the objectives of an tions strongly recommended the defini to persons or property on the surface. Agricultural Aircraft Operator Cer tion of the term "congested area” as This modification is in keeping with the tificate. The recommended pilot rating, contained in the original draft release. intent of the proposal to prohibit flights issued on the basis of his previous experi This definition was removed from the at such altitudes as to create a hazard to ence in agricultural aircraft operations, subsequent proposal because it was in persons or property on the surface. A would only relate to the competency of conflict with the term as it is used in similar amendment has been made to the pilot. The Agency would still be § 91.79 of the Federal Aviation Regula proposed § 137.31(c) (now § 137.37) to required to issue certificates of waiver tions. A congested area, as proposed in conform with section 307(c) of the Fed with appropriate conditions and limita the original draft release and as recom eral Aviation Act of 1958. tions for those operations requiring mended by the comments, would be de 8. The prohibitions respecting the dis deviations from Part 91. As previously termined by whether an emergency land pensing of economic poisons contained stated in the initial proposal contained ing over the area would create a hazard in proposed § 137.31(d) (now § 137.39) in Draft Release No. 62-47, the use of the to persons or property. Under § 91.79 have been changed to correspond with certificate of waiver has not been en the aircraft must remain above certain recommendations made by the U.S. De tirely satisfactory. It is only required if altitudes over a congested area and, ex partment of Agriculture at the public operations are to be conducted below cept during takeoff or landing, it must in hearing. Since the Federal label does the minimum altitudes, or in deviation all cases be operated at an altitude al not carry a list of the disapproved uses of other provisions of Part 91. In effect, lowing, if a power unit fails, an emer of an economic poison, the rule has been it constitutes an authorization to deviate gency landing without undue hazard to changed to prohibit the use of the poison from regulations under specified condi persons or property on the surface. for a use other than that for which it is tions and limitations, instead of a cer In view of the conflict between these registered with the U.S. Department of tification by the Agency that a particular definitions it has not been incorporated Agriculture. In addition, the prohibi person has shown that he meets specified in this part. Instead, the regulations as tion against the use of the poison con qualifications in regard to aircraft and adopted herein prescribe operating rules trary to instructions on the label relating personnel to safely conduct agricultural for operations over congested areas and to aerial application has been deleted be aircraft operations in accordance with over other than congested areas. If, as cause the labels do not as a rule give in prescribed operating rules. The Agency in the past, an operation is to be con structions for aerial applications. believes that the latter certificate, issued, ducted over a congested area the rules 9. The knowledge and skill require amended, suspended, or revoked within permit the operation to be conducted ments for pilots contained in proposed the framework of the provisions of the with both single and multi-engine air § 137.31(h) (now § 137.41(c)) now apply Federal Aviation Act of 1958, is a more craft. Moreover, as in the past the op to the pilot in command rather than any desirable method to administer its re eration may also be conducted below the pilot as contained in the proposal. sponsibilities under that Act. Moreover, altitudes prescribed in § 91.79 when 10. Section 137.51 (b) (4) as adopted it will provide the applicant for, or the necessary for the accomplishment of the permits single engine agricultural air holder of, that certificate with the proce agricultural aircraft operation under craft operations over a congested area. dural benefits contained in the Act for prescribed conditions and limitations This modification of the proposal is in the issuance, amendment, suspension, or which are basically the same as those accordance with the statement made by revocation of a certificate which are not issued in conjunction with the issuance the Agency representative at the public afforded to him under the certificate of of the former certificate of waiver. The hearing. waiver. Agency believes that this procedure will 11. The experience requirements for 15. Comments received from repre provide a maximum of safety consistent operation over a congested area con sentatives of State and local govern with the operation. tained in proposed § 137.39(b) (now ments conducting their own aerial in 2. The substance of proposed § 137.13 § 137.53(b)) apply to the pilot in com secticide work for the abatement of mos Designation of certificate has been in mand rather than any pilot as contained quitoes and other pests which may affect cluded in § 137.1. in the proposal. the public health, have requested a clari 3. The last three words "or otherwise 12. In view of the many comments op fication of the application of the regula terminated” have been dropped from posed to any additional paperwork by tion to those operations. Although these Proposed § 137.19 (now § 137.13) to make the operators, the Agency reviewed the comments did not express general ob it clear that, if an agricultural aircraft record and report keeping requirements jection to compliance with the rules, one operator complies with this section, his of the proposal and has concluded that comment indicated that because of the present certificate of waiver is extended the annual report contained in § 137.53 emergency nature of the operations it and does not terminate on its own termi of the proposal could be eliminated. would be impossible to comply with the nation date. Those records specified in § 137.51 of the notice requirements of proposed § 137.35. 4. A new § 137.17 has been added on proposal for commercial operators are An aircraft used exclusively in the how certificates issued under the new needed by the Agency for the proper dis service of any government or of any part can be amended. This is consistent charge of its responsibilities and have political subdivision thereof, and not en with other FAR’s and will provide pro been retained in § 137.71 of this rule. gaged in carrying persons or property cedures for the amendment of a cer 13. A new § 137.77 has been added for compensation or hire, is a public air tificate by either the Administrator or which requires the holder of a certificate craft within the meaning of the Federal the holder of the certificate. issued to him under this part to return Aviation Act of 1958. Public aircraft 5. The limitations upon the private the certificate to the FAA whenever he and the operators of such aircraft are agricultural aircraft operator are the ceases to conduct operations under the not required to comply with the certifi same as those contained in the draft re certificate. This provision is similar to cation rules of the Federal Aviation lease. As adopted in § 137.35 the private that contained in other parts of the reg Regulations. They must, however, com agricultural aircraft operator may not ulations and is needed by the Agency to ply with the air traffic or flight rules of conduct operations over property unless keep its records current. Part 91 and this part, including the air ne is the owner or lessee of the property, 14. One comment strongly urged the craft dispensing rules as prescribed if i s ownership or other property issuance of an “Agricultural Rating” as under section 307(c) of the Act. There ilegal) interest in the crops located on a part of the pilot certificate for those fore, even though a State or local gov he property. In addition, he may not pilots used in agricultural aircraft ernment engaging in agricultural air conduct operations for compensation or operations. This pilot rating procedure craft operations is not required to comply hire, or over a congested area. for the rating of the individual pilots with the certification requirements of this part when using public aircraft, it 6. The "twilight” limitation in pro was recommended in lieu of the proposed may elect to do so. posed § 137.31 (k) (now § 137.47) has system of issuing an Agricultural Air een dropped as unnecessary in view of To clarify the application of this part craft Operator Certificate to the owner to agricultural aircraft operations con that ~ requirement of or operator of the company or other ducted with public aircraft, § 137.11(c) organization conducting the business. of the certification rules of Subpart B No. 121------3 8106 RULES AND REGULATIONS now includes a provision that an agri Sec. with this.part, conduct agricultural air cultural aircraft operator certificate is 137.51 Operation over congested areas: craft operations with a rotorcraft with general. external dispensing equipment in place not needed for those operations. Sec 137.53 Operation over congested areas: tion 137.29 (b) also specifies the sections pilots and aircraft. without a rotorcraft external-load opera of the operating rules that are not ap 137.55 Business name: commercial agri tor certificate. plicable to public aircraft. cultural aircraft operator. (c) A Federal, State, or local govern With respect to emergency operations 137.57 Availability of certificate. ment conducting agricultural aircraft it is to be noted that as proposed in the 137.59 Inspection authority. operations with public aircraft need not comply with this subpart. notice of public hearing, and as adopted Subpart D— Records and Reports herein under § 137.1 (b ), a deviation from § 137.13 Continuance o f existing au the operating rules of this part (Subpart 137.71 Records: commercial agricultural air craft operator. thority. C) is permitted to the extent necessary i37.75 Change of address. Any person conducting agricultural for relief and welfare activities approved 137.77 Termination of operations. by an agency of the United States, or of aircraft operations under a certificate of a State or local government. The Agency Au tho rity: The provisions of this Part waiver issued by the Administrator that 137 issued under secs. 313(a), 307(c), 601 believes that this provision provides ade is in effect on the day before the date and 607 of the Federal Aviation Act of 1958; on which this part becomes effective quate authority for deviations from the 49 UB.C. 1354(a), 1348(c), 1421, and 1427. notice and other requirements of that may continue to operate under that cer subpart as may be necessary under the Subpart A— General tificate if he applies for an agricultural aircraft operator certificate before the circumstances of each case. However, in § 137.1 Applicability. order to properly administer the use of effective date of this part. Unless the such deviation by the operators con (a) This part prescribes rules govern certificate of waiver is sooner suspended cerned, a new paragraph (c) has been ing— or revoked, this extension of authority added to § 137.1 which will require the (1) Agricultural aircraft operations terminates when he is given notice of operator to submit a report of the devia within the United States; and final action on his application. tions to the FAÀ. In view of the fore (2) The issue of commercial and pri § 137.15 Application for certificate. going clarification of the applicability vate agricultural aircraft operator cer An application for an agricultural air of the part, no distinction has been made tificates for those operations. craft operator certificate is made on a between civil or public aircraft wherever (b) In a public emergency, a person form and in a manner prescribed by the the word aircraft is used. conducting agricultural aircraft opera Administrator, and filed with the FAA Part 137 will become effective on Jan tions under this part may, to the extent District Office that has jurisdiction over uary 1,1966. This date will give all per necessary, deviate from the operating the area in which the applicant’s home sons concerned approximately 6 months rules of this part for relief and welfare base of operations is located. in which to prepare for operating under activities approved by an agency of the the new part. United States or of a State or local gov § 137.17 Amendment of certificate. ernment. Interested persons have been afforded (a) The Administrator may amend (c) Each person who, under the au an opportunity to participate in the an agricultural aircraft operator cer making of this regulation, and due con thority of this section, deviates from a rule of this part shall, within 10 days tificate— sideration has been given to all relevant (1) On his own initiative, under sec after the deviation send to the nearest matter presented. tion 609 of the Federal Aviation Act of FAA District Office a complete report of In view of the foregoing, and, in addi 1958 (49 U.S.C. 1429) and Part 13 of the aircraft operation involved, includ tion, in consideration of the reasons set this chapter; or forth in both the notice of proposed rule ing a description of the operation and (2) Upon application by the holder of making and the notice of public hearing, the reasons for it. that certificate. Title 14 of thè Code of Federal Regula § 137.3 Definition o f terms. (b) An application to amend an agri tions is amended by adding a new Part For the purposes of this part— cultural aircraft operator certificate is 137— Agricultural Aircraft Operations, submitted on a form and in a manner “Agricultural aircraft operation” reading as hereinafter set forth, effec prescribed by the Administrator. The means the operation of an aircraft for tive January 1,1966. applicant must file the application with the purpose of (1) dispensing any eco the FAA District Office having jurisdic Issued in Washington, D.C., on June nomic poison, (2) dispensing any other tion over the area in which the aPPh* 17,1965. substance intended for plant nourish cant’s home base of operations is located N. E. Halaby, ment, soil treatment, propagation of at least 15 days before the date that he Administrator. plant life, or pest control, or (3) for proposes the amendment become effec engaging in other activities directly Subpart A— General tive, unless a shorter filing period is ap affecting agriculture, horticulture, or Sec. proved by that office. 137.1 Applicability. forest preservation; and (c) The Administrator grants a re “Economic poison” means (1) any sub 137.3 Definition of terms. quest to amend a certificate if he de stance or mixture of substances intended termines that safety in air commer Subpart B— Certification Rules for preventing, destroying, repelling, or 137.11 Certificate required. and the public interest so allow. mitigating any insects, rodents, nema (d) Within 30 days after receiving a 137.13 Continuance of existing authority. todes, fungi, weeds, and other forms of refusal to amend, the holder may P 137.15 Application for certificate. plant or animal life or viruses, except tion the Administrator personally to re 137.17 Amendment of certificate. viruses on or in living man or other ani 137.19 Certification requirements. consider the refusal. 137.21 Duration of certificate. mals, which the Secretary of Agricul ture shall declare to be a pest, and (2) 137.19 Certification requirements. Subpart C— Operating Rules any substance or mixture of substances (a) General. An applicant for a pri- 137.29 General. intended for use as a plant regulator, ate agricultural aircraft operator * 137.31 Aircraft requirements. defoliant or desiccant. ficate is entitled to that certificate it ne 137.33 Carrying of certificate. Subpart B— Certification Rules lows that he meets the requirements oi 137.35 Limitations on private agricultural aragraphs (b) , (d), and (e) of . , aircraft operator. §137.11 Certificate required. 137.37 Hazardous dispensing. iction. An applicant for a comme ^ 137.39 Economic poison dispensing. (a) Except as provided in § 137.13 and gricultural aircraft operator cert 137.41 Personnel. paragraph (c) of this section, no person ! entitled to that certificate if he 137.43 Airport traffic areas and control may conduct agricultural aircraft opera ìat he meets the requirements of j?, zones. tions without, or in violation of, an agri raphs (c ), (d ), and (e) of this ' 137.45 Nonobservance of airport traffic pat cultural aircraft operator certificate is [owever* if an applicant applies , tern. gricultural aircraft operator ccr 137.47 Operation without position lights. sued under this part. 137.49 Operation over other than congested (b) Notwithstanding Part 133 of this intaining a prohibition against t areas. chapter, an operator may, if he complies Thursday, June 24, 1965 FEDERAL REGISTER 8107 cant is not required to demonstrate the (v) Pullups and turnarounds. shall insure that each person used in the knowledge required in paragraphs throughout each filling operation, except Section 9-15.5005-4 Cost determina Title 17— COMMODITY AND that if the product is sterilized after fill tion based on audit, paragraph (a) is re ing, a representative sample consisting of vised to read as follows: SECURITIES EXCHANGES 10 immediate containers from each § 9—15.5005—4 Cost determination based sterilizer load. If only 1 sterilizer load on audit. C h a p ter II— Securities and Exchange is involved, the sample shall consist of Commission 20 immediate containers. (a) The amount reimbursable under cost-type contracts shall be determined * * * * * pART 240— GEN ERAL RULES AND in accordance with the terms of the re REGULATIONS, SECURITIES EX Notice and public procedure and de spective contracts on the basis of audit. CHANGE ACT OF 1934 layed effective date are unnecessary pre In the event that the contractual terms requisites to the promulgation of this differ or are inconsistent (see § 9-15.5003 Commission Action; Correction order, and I so find, since the change, for approval of deviations) with the prin which provides a sampling procedure In the document revising Part 240 of ciples stated herein the contractual terms appropriate to the subject drug when it control. The audit is performed di Chapter II of Title 17. of the Code of Fed is sterilized after filling into final con- eral Regulations, published on pages rectly by AEC (or by the cognizant Fed tairiers rather than before, is of a tech eral agency pursuant to arrangements 6114 and 6115 in the F ederal R egister nical, noncontroversial nature and is dated April 30, 1965, the following cor made by the AEC) in the case of cost- consistent with the requirements that t y p e contracts. Contracting officers rections are made: the drug be safe and efficacious. 1. The reference to “§§ 240.13all-l shall assure that cost-type prime con and 240.12h -2) ” in the first sentence Effective date. This order shall be tractors assume the responsibility for under Commission action should read effective on the date of its publication in audit of subcontractors (and provide for the audit of lower tier subcontractors by “§§ 240.3all-l and 240.12h-2”. the F ederal R eg iste r . 2. The parenthetical reference to the subcontractor immediately preced (Sec. 507, 59 Stat. 463 as amended; 21 Ü.S.C. ing in the contractual chain) except as “§ 240.13all-l” in the concluding para 357) noted in this paragraph. Exceptions graph of the document should read Dated: June 18,1965. “§ 240.3all-l”. may be made to this general principle of subcontractors being audited by the G e q . P. L a r r ic k , By the Commission, June 18, 1965. Commissioner of Food and Drugs. next higher-tier contractor, where the latter is interrelated with the subcon [SEAL] ORVAL L. DuBOIS, [FJR. Doc. 65-6647; Filed, June 23, 1965; Secretary. tractor involved, does not have the neces 8:48 a n . ] sary audit facilities or for other reasons [FR. Doc. 65-6620; Filed, June 23, 1965; is not in a position to perform the sub 8:46 a.m.]. contract audit in a manner satisfactory to the AEC. In the event of such ex Title 41— PUBLIC CONTRACTS ception, the subcontract audit responsi bility shall rest with the successively Title 21— FOOD AND DRUGS AND PROPERTY MANAGEMENT higher-tier contractor (or ultimately A E C ), but responsibility for determining Chapter I— Food and Drug Adminis Chapter 9— Atomic Energy tration, Department of Health, Edu the costs reimbursable to the subcon Commissian tractor remains with the next higher- cation, and Welfare tier contractor on the basis of such audit. PART 9-15— CONTRACT COST PRIN SUBCHAPTER C— DRUGS Section 9-15.5008, the heading is re CIPLES AND PROCEDURES PART 148i— NEOMYCIN SULFATE vised to read as follows: Miscellaneous Amendments § 9—15.5008 Negotiated fixed-price con Neomycin Sulfate-PolymyxinT'B Sul tracts where costs incurred are a fate-Gramicidin Ophthalmic Solu The following section is added: factor in determining the amount tion payable. § 9—15.000—50 Policy, cost-type contrac Pursuant to the provisions of the Fed tor procurement. §9—15.5008—1 [Amended] eral Food, Drug, and Cosmetic Act (sec. § 9-15.5008-1 General policy, in para The following subpart of F P R 1-15 and 507, 59 Stat. 463 as amended; 21 U.S.C. graph (a ), line 4, the words “and sub this AECPR 9-15 constitute specific pro 357) and under the authority delegated contracts” are deleted. visions which the contracting officer shall to the Commissioner of Food and Drugs bring to the attention of Class A and (Sec. 161, Atomic Energy Act of 1954, as by the Secretary of Health, Education, amended, 68 Stat. 948, 42 U.S.G. 2201; sec. 205, and Welfare (21 CFR 2.90), §148i.20(a) d a ss B cost-type contractors as consti Federal Property and Administrative Serv (3) (U) (d) (2) is amended to provide for tuting areas which require appropriate ices Act of 1949, as amended, 63 Stat. 390, a special sampling procedure in regard to treatment in the development of state 40U.S.C. 486) sterility testing. As amended, the ments of contractor procurement prac Effective date. These amendments affected portion reads as follows: tices in order to carry out the basic AEC are effective upon publication in the § 1481.20 Neomycin sulfate-polymyxin procurement policy set forth in AECPR F ederal R eg ist e r . B sulfate-gramicidin ophthalmic so § 9-1.5203: Dated at Germantown, Md., this 17th lution. Subpart ^ day of June 1965. (a) * * * or part Subject For the U.S. Atomic Energy Commis (3) * * * FPR 1-15.3 ___ Principles for Determining sion. Applicable Costs Under Re (ii) * * * R. J. Hart, (d> * * * search Contracts With Edu cational Institutions, Acting Director, Division of Contracts. (2) For sterility testing : 20 immediate AECPR 9-15__Contract Cost Principles and [F.R. Doc. 65-6646; Filed, June 23, 1965; containers, collected at regluar intervals Procedures. 8:48 am .] , Proposed Rule Making 1114) and in accordance with the pro Dated: June 22,1965. DEPARTMENT OF AGRICULTURE visions of sec. 3(a)(3), Administrative By order of the Maritime Subsidy Consumer and Marketing Service Procedure Act (5 U.S.C. 1002(a)(3)), Board. notice is hereby given that the Maritime [ 7 CFR Part 923 1 Subsidy Board is contemplating the J am es S. D a w s o n , Jr., Secretary. SWEET CHERRIES GROWN IN adoption of a “Statement of General WASHINGTON Policy” relative to its evaluation of ap- , [F.R. Doc. 65-6705; Filed, June 23, 1965; plications for construction-differential 9:47 a.m.] Proposed Approval of Expenses and subsidy. Fixing of Rate of Assessment for While the subsidy program is exempt 1965—66 Fiscal Year and Carryover from the requirements of sec. 4, Admin FEDERAL AVIATION AGENCY of Unexpended Funds istrative Procedure Act (5 U.S.C. 1003), the Board invites interested parties to [ 14 CFR Part 71 1 Consideration is being given to the submit any written data or views on the {Airspace Docket No. 65-AL-8] following proposals submitted by the contemplated aforesaid policy for con Washington Cherry Marketing Commit FEDERAL AIRWAY sideration by the Board, in triplicate, to tee, established under the marketing agreement and Order No. 923 (7 CFR the Secretary, Maritime Subsidy Board, Proposed Extension Washington, D.C., 20235, by close of Part 923) regulating the handling of The Federal Aviation Agency is con sweet cherries grown in Washington, business on August 2, 1965. sidering an amendment to Part 71 of effective under the applicable provisions Upon adoption by the Board of a the Federal Aviation Regulations that of the Agricultural Marketing Agreement “Statement of General Policy”, the would extend Alaskan VOR Federal air Act of 1937, as amended (7 U.S.C. 601- Board will publish same and thereafter way No. 444 from Fairbanks, Alaska, to 674), as the agency to administer the apply the policy to future applications Betties, Alaska, via the intersection of terms and provisions thereof: for construction-differential subsidy. the Fairbanks 307° T (279° M ) and the (a) That expenses that are reasonable It is proposed that the following Betties 155° T (128° M ) radiais. and likely to be incurred by said com “Statement of General Policy” be added Interested persons may participate in mittee, during the period beginning April as Appendix No. 2 to § 251.1 of this part: the proposed rule making by submitting 1, 1965, and ending March 31, 1966, will such written data, views, or arguments amount to $7,845. § 251.1 Applications for construction- as they may desire. Communications (b) That there be fixed, at $1.00 per differential subsidy under Title Y, should identify the airspace docket num ton of sweet cherries, the rate of assess Merchant Marine Act, 1936, as ber and be submitted in triplicate to the ment payable by each handler in accord amended Director, Alaskan Region, Attention: ance with § 923.41 of the aforesaid mar • * * * * Chief, Air Traffic Division, Federal Avia keting agreement and order. tion Agency, 632 Sixth Avenue, Anchor All persons who desire to submit writ 1. Th.e appropriations available for the age, Alaska, 99501. All communications payment of construction-differential sub ten data, views, or arguments in connec sidy by the Maritime Subsidy Board neces received within 45 days after publica tion with the aforesaid proposals shall sarily are limited. Present replacement tion of this notice in the F ederal R eg file the same, in quadruplicate, with the program schedules for individual opera ist e r will be considered before action is Hearing Clerk, U.S. Department of Agri tors repeatedly have been revised and extend taken on the proposed amendment. The culture, Room 112, Administration ed in recent years in accordance with the proposal contained in this notice may Building, Washington, D.C., 20250, not operating-differential subsidy contracts. be changed in the light of comments re later than the 10th day after the publi It is possible that further delay will occur in the replacement of some of the vessels ceived. cation of this notice in the F ederal An official docket will be available for required to be replaced pursuant to the R e g ist e r . All written submissions made existing contractual obligations of those examination by interested persons at the pursuant to this notice will be made operators under operating-differential sub Federal Aviation Agency, Office of the available ' for public inspection at the sidy contracts with the Government. These General Counsel, Attention: Rules office of the Hearing Clerk during regu standards are designed to provide better Docket, 800 Independence Avenue SW., guidance for the operators and the Govern Washington, D.C., .20553. An informal lar business hours (7 CFR 1.27 (b) ). ment in making the judgments necessary docket also will be available for exami Dated: June 21,1965. in selecting from among competing appli nation at the office of the Regional Air cations for limited funds. This policy state P a u l A. N ic h o l s o n , ment is not intended to effect a reprogram Traffic Division Chief. . Acting Director, Fruit and ing of funds presently appropriated to named Effective July 22, 1965, V-444 will be Vegetable Division, Consumer operators contrary to their desire. It will extended from Fairbanks direct to Big and Marketing Service. apply prospectively only, in the request for Delta, Alaska. To provide route con and allocation of future appropriations and tinuity with this extension, the airspace [F.R. Doc. 65-6655; Filed, June 23, 1965; of funds subsequently made available by action set forth above is proposed. Fur 8:49 a.m.] voluntary reprograming of replacement ther, it would provide a numbered airway schedules. between Fairbanks and Betties for air 2. To provide for the maximum expansion craft equipped with VOR navigatio of the American Merchant Marine, in num DEPARTMENT OF COMMERCE ber of vessels and shipping capability, the instruments.. .. Board intends in allocating Federal financial This amendment is proposed under tne Maritime Administration assistance for construction or reconstruction authority of section 307(a) of tl“®rQr of vessels to give priority to those proposals eral Aviation Act of 1958 (49 U.S. [ 46 CFR Part 251 1 which it considers will utilize such appro 1348). priations to obtain the greatest shipping UTILIZATION OF APPROPRIATIONS capability and productivity possible. In Issued in Washington, D.C., on June MADE AVAILABLE FOR CONSTRUC making its determinations under this policy, 17,1965. TION-DIFFERENTIAL SUBSIDY the Maritime Subsidy Board will consider H. B- H elstrom, the relative shipping capability it deems Acting Chief, Airspace Avia tion s Proposed Statement of General Policy will result from proposals in ternis of pro and Procedures Division. jected construction-differential subsidy, Pursuant to sec. 204(b), Merchant operating-differential subsidy and operator’s [F.R. Doc. 65-6621; Filed, June 23. 1965; 8:46 a.m.] Marine Act, 1936, as amended (46 U.S.C. return on investment. 8110 Thursday, June 24, 1965 FEDERAL REGISTER 8111 [ 14 CFR Part 71 ] miles S W of a 315° bearing from the templated at this time, but arrangements [ Airspace Docket No. 65-WE-60] Montrose R BN (latitude 38°30'00" N., for informal conferences with Federal longitude 107° 54'00" W .)y -extending Aviation Agency officials may be made TRANSITION AREA from the RBN to 12 miles N W of the by contacting the Regional Air Traffic RBN. Proposed Designation Division Chief. Any data, views, or This proposed transition area would arguments presented during such con The Federal Aviation Agency is con provide protection for aircraft executing ferences must also be submitted in writ sidering an amendment to Part Tt of the prescribed instrument procedures in the ing in accordance with this notice in Federal Aviation Regulations which Montrose County terminal area. order to become part of the record for would designate a transition area at The floors of the airways which tra consideration. The proposal contained Montrose, Colo. verse the transition area proposed here in this notice may be changed in the The FAA, having completed a compre in would automatically coincide with light of comments received. hensive review of the terminal airspace the floors of the transition area. A public Docket will be available for structure requirements in the Montrose, Interested persons may submit such examination by interested persons in the Colo., terminal area, including studies written data, views, or arguments as office of the Regional Counsel, Federal attendant to the implementation of the they may desire. Communications Aviation Agency, 5651 West Manchester provisions of CAR Amendments 60-21/ should be submitted in triplicate to the Avenue, Los Angeles, Calif., 90045. 60-29, proposes the following airspace Director, Western Region, attention: This amendment is proposed under the action: - Chief, Air Traffic Division, Federal Avia authority of section 307(a) of the Fed Designate the Montrose transition tion Agency, 5651 West Manchester Ave- eral Aviation Act of 1958, as amended area as that airspace extending upward nuie, Post Office Box 90007, Airport Sta (72 Stat. 749; 49 U.S.C. 1348). from 700 feet above the surface within tion, Los Angeles, Calif., 90009. All com Issued in Los Angelés, Calif., on June a 7-mile radius of Montrose County Air munications received within 45 days 15,1965. port (latitude 38°29'52" N., longitude after publication of this notice in the J o s e ph H. T ip p e t s , 107°53'28" W .), and that airspace ex F ederal R egister will be considered be Director, Western Region. tending upward from 1,200 feet above fore action is taken on the proposed [FJR. Doc. 65-6622; Filed, June 23, 1965; the surface within 5 miles NE and 8 amendment. No public hearing is con- 8:46 a.m.l Notices the regulatory authority of the Commission A rticle III within the State under chapters 6, 7, and 8, ATOMIC ENERGY COMMISSION Notwithstanding this Agreement, the Com and section 161 of the Act with respect to mission may from time to time by rule, STATE OF TENNESSEE byproduct materials, source materials, and special nuclear materials in quantities not regulation, or order, require that the manu facturer, processor, or producer of any equip Proposed Agreement for Assumption sufficient to form a critical mass; and ment, device, commodity, or other product of Certain AEC Regulatory Author Whereas, the Governor of the State of Tennessee is authorized under section 53- containing source, byproduct, or special ity 3103 of the Tennessee Code Annotated to en nuclear materials shall not transfer posses sion or control of such product except pur Notice is hereby given that the U.S. ter into this Agreement with the Commis sion; and suant to a license or an exemption from Atomic Energy Commission is publishing Whereas, the Governor of the State of licensing issued by the Commission. for public comment, prior to action Tennessee certified on Mày 1, 1965, that the Article IV thereon, a proposed agreement received State of Tennessee (hereinafter referred to from the Governor of the State of Ten as the State) has a program for the control This Agreement shall not affect the au nessee for the assumption of certain of of radiation hazards adequate to protect the thority of the Commission under subsection public health and safety with respect to the 161 b or i of the Act to issue rules, regula the Commission’s regulatory authority tions, or orders to protect the common de pursuant to section 274 of the Atomic materials within the State covered by this Agreement, and that the State desires to fense and security, to protect restricted data Energy Act of 1954, as amended. assume regulatory responsibility for such or to guard against the loss or diversion of A resume, prepared by the State of materials; find special nuclear material. Tennessee and summarizing the State’s Whereas, the Commission found o n ______A rticle V proposed program, was also submitted to ____ 1965, that the program of the State for the Commission and is set forth below the regulation of the materials covered by The Commission will use its best efforts to this Agreement is compatible with the Com cooperate with the State and other agree as an appendix to this notice. Attach ment States in the formulation of standards ments referenced in the appendix are mission’s program for the regulation of such materials and is adequate to protect the and regulatory programs of the State and the included in the complete text of the pro public health and safety; and Commission for protection against hazards gram. A copy of the program, including Whereas, the State and the Commission of radiation and to assure that State and proposed Tennessee regulations, is avail recognize the desirability and importance Commission programs for protection against able for public inspection in the Com of cooperation between the Commission and hazards of radiation will be coordinated and mission’s Public Document Room, 1717 H the State in the formulation of standards for compatible. The State will use its best Street N W „ Washington, D.C., or may be protection against hazards of radiation and efforts to cooperate with the Commission and in assuring that State and Commission pro other agreement States in the formulation of obtained by writing to the Director, Di standards and regulatory programs of the vision of State and Licensee Relations, grams for protection against hazards of ra diation will be coordinated and compatible; State and the Commission for protection United States Atomic Energy Commis and against hazards of radiation and to assure sion, Washington, D.C., 20545. All in Whereas, the Commission and the State that the State’s program will continue to be terested persons desiring to submit com recognize the desirability of reciprocal rec compatible with the program of the Com ments and suggestions for the considera ognition of licenses and exemption from li mission for the regulation of like materials. tion of the Commission in connection censing of those materials subject to this The State and the Commission will use their Agreement; and best efforts to keep each other informed of with the proposed agreement should send proposed changes in their respective rules them, in triplicate, to the Secretary, U.S. Whereas, this Agreement is entered into pursuant to the provisions of the Atomic and regulations and licensing, inspection and Atomic Energy Commission, Washing Energy Act of 1954, as amended; enforcement policies and criteria, and to ob ton, D.C., 20545, within 30 days after Now, therefore, it is hereby agreed between tain the comments and assistance of the initial publication in the F ederal the Commission and the Governor of the other party thereon. R e g ist e r . State, acting in behalf of the State, as fol A rticle VI Exemptions from the Commission’s lows: regulatory authority which would imple Article I The Commission and the State agree that it is desirable to provide for reciprocal recog Subject to the exceptions provided in ar ment this proposed agreement, as well as nition of licenses for the materials listed in ticles II, III, and IV, the Commission shall other agreements which may be entered article I licensed by the other party or by any discontinue, as of the effective date of this into under section 274 of the Atomic agreement State. Accordingly, the Commis Agreement, the regulatory authority of the Energy Act, as amended, were published sion and the State agree to use their best Commission in the State under chapters 6, efforts to develop appropriate rules, regula as Part 150 of the Commission’s regula 7, and 8, and section 161 of the Act with re tions, and procedures by which such reci tions in F ederal R e g ister issuance of spect to the following materials: procity will be accorded. February 14, 1962; 27 F.R. 1351. In A. Byproduct materials; reviewing this proposed agreement, in B. Source materials; and A rticle VII C. Special nuclear materials in quantities terested persons should also consider the The Commission, upon its own initiative not sufficient to form a critical mass. aforementioned exemptions. after reasonable notice and opportunity for A rticle II Dated at Washington, D.C., this 28th hearing to the State, or upon request of tne Governor of the State, may terminate day of May 1965. This Agreement does not provide for dis continuance of any authority and the Com suspend this Agreement and reassert the - For the Atomic Energy Commission. mission shall retain authority and responsi censing and regulatory authority vested in bility with respect to the regulation of : under the Act if the Commission finds t W . B , M cC o o l , A. The construction and operation of any such termination or suspension is requir Secretary. production or utilization facility; to protect the public health and safety. B. The export from or import into the P roposed A greement Betw een t h e U nited Article VIII United States of byproduct, source, or special States A to m ic Energy Co m m is s io n and nuclear material, or of any production or This Agreement shall become effective on t h e State of T ennessee for Dis c o n t in u utilization facility. September 1, 1965, and shall remain in ene ance of Ce rtain Co m m is s io n R egulatory C. The disposal into the ocean or sea of unless, and until such time as it is A u t h o r it y and R esponsibility W it h in byproduct, source, or special nuclear waste nated pursuant to article VII. th e State P u r su an t to Se ctio n 274 of th e materials as defined in regulations or orders A to m ic Energy A ct of 1954, As A mended P olicies and P rocedures for the Li censing of the Commission; AND REGULATION OF RADIOACTIVE MAT Whereas, the United States Atomic Energy D. The disposal of such other byproduct, Commission (hereinafter referred to as the source, or special nuclear materials as the FOREWORD Commission) is authorized under section Commission from time to time determines 274 of the Atomic Energy Act of 1954, as by regulation or order should, because of the These documents present a brief d P amended (hereinafter referred to as the Act) hazards or potential hazards thereof, not be tion of the practices, capabilities, and p to enter into agreements with the Governor so disposed of without a license from the posed activities of the Radiologica public of any state providing for discontinuance of Commission. Service, Tennessee Department oi 8112 Thursday, June 24, 1965 FEDERAL REGISTER 8113 Health, insofar as they would relate to as ing the display or use of these machines sources of radiation such as medical and sumption of certain regulatory functions of illegal. dental X-ray machines will be registered. the U.S. Atomic Energy Commission. As time progressed, various attempts were The licensing program will be essentially Under section 274 of the Atomic Energy made by the State Health Department to identical to that presently employed by the Act of 1954 as amended, the Atomic Energy draft legislative bills which would provide U.S. Atomic Energy Commission, and will Commission is authorized to enter into agree specifically for control of all radiation cover post-licensing inspections. Prelicens ment with the Governor of a State, whereby sources. ing evaluations will be made when necessary. it may transfer certain licensing and regu A bill was passed by the General Assembly With respect to human use of radioactive latory control of byproduct, source, and spe in 1957, but it did not provide for regulatory materials, a committee of not less than three cial nuclear materials, in quantities not suf activities essential to a comprehensive State qualified physicians will be available for con ficient to form a critical mass, to a State. radiation control program. sultation and recommendations concerning Relinquishment of such authority by the This Act of 1957 was important in other license applications. Atomic Energy Commission and subsequent ways, as it was primarily a declaration of Inspection. The Tennessee Department of assumption by the State is made when the State policy in support of peaceful uses of Public Health, Radiological Health Service, Atomic Energy Commission has evaluated and atomic energy. It provided for an advisory proposes to conduct future lnspectional ac accepted the competency of the State to ad committee on atomic energy which would tivities to determine compliance with State minister such licensing and regulatory au keep the Governor of the State informed regulations and to determine adequacy of thority; and certain authorities are reserved on and encourage activity in, the various the licensee’s radiation protection - program. to the Atomic Energy Commission. associated fields such as workmen’s com Inspections will be comparable to the type The Tennessee Act of 1957 entitled Atomic pensation, insurance, nuclear industry, nu now undertaken by the Division of Compli Energy and Nuclear Materials, as amended clear education and health and safety. This ance of the U.S. Atomic Energy Commission. in 1961, authorizes the Governor of Ten Act was amended in 1961 to authorize the Inspections will be performed by personnel nessee to enter an agreement with the Atomic Governor to enter, at his discretion,; an qualified in radiological health. Competency Energy Commission relating to the regula agreement with the U.S. Atomic Energy Com in this field of work has been developed tion of byproduct, source, and special nu mission. through joint participation of State health clear material and to appoint a radiation ad At the next meeting of' the General As personnel with Atomic Energy Commission visory group. The Radiological Health sembly, 2 years later, the Health Department inspectors. It is estimated that the Tennes Service Act, of 1959 and as amended in 1961 presented a bill which would provide for a see Department of Public Health has been and in 1963 designates the Tennessee Depart comprehensive radiation control program. It represented in 75 percent of all Atomic En ment of Public Health as the department would create within the Tennessee Depart ergy Commission inspections made in Ten responsible for the control of ionizing radia ment of Public Health, the Radiological nessee during the last 5 years. tion; makes mandatory the registration of all Health Service. This bill was passed and The following frequency for the inspection sources of radiation except those which are contained, among others, the following pro of Tennessee licenses is planned but may be licensed or exempted under the rules and visions: either increased or decreased depending upon regulations of the Tennessee Department of 1. Created an agency whose sole function individual circumstances : Public Health. Further the Radiological was radiation control activities. Industrial Radiographers— once each 6 Health Service Act authorizes the department 2. Gave the Commissioner of Public Health months. to formulate rules and regulations necessary authority to adopt rules and regulations Operations involving waste disposal— once for the control of ionizing radiation. which would have the effect of law and pro each 6 months. To this narrative are attached the Radio vided for inspection. Industrial, Special Licenses— once each 6 logical Health Service Act, the Atomic Energy 3. Required the registration of all owners months. and Nuclear Materials Act, and the various and possessors of radiation sources. Industrial, Broad Licenses— once each 12 resumes, regulations, and outlines of pro 4. As later amended, authorized the adop months. posed practices and activities to be under tion of rules and regulations which would Academic— once each 24 months. taken by the Radiological Health Service, provide for licensing of radioactive materials Medical and Hospital— once each 24 Tennessee Department of Public Health, pur and exempted them from registration. months. suant to an agreement between the Atomic Since enactment of this legislation, the Others— Based on hazards associated with Energy Commission and the Governor of Ten Radiological Health Service has registered the program. nessee. all known sources of radiation in the State, Before the termination of each inspection, History. The first attention given to prob has inspected most of the radiation producing the inspector will confer with the licensee to lems created by ionizing radiation in Ten machines registered and made recommenda discuss the results of his inspection, present nessee came in 1945 with the passage of the tions for correction where necessary. Fol ing tentative oral recommendations or sug State Industrial Hygiene Service Act. Con low-up programs were also conducted to de gestions. During this meeting he will an sideration was then given to industrial radia termine compliance. swer questions on the regulatory program. tion exposures along with other problems of The scope of these activities can be illus The inspector will submit in writing com occupational health. This included problems trated by a consideration of the accelerated prehensive reports to the Director of the of radiation exposures-in the work areas from dental and medical X-ray survey programs Radiological Health Service relating facts radiographic testing and exposures from which were followed during the summer and circumstances observed during the in X-ray machines as used in industrial clinics. months of 1961 through 1963. During that spection. The report will enumerate viola The next year, the U.S. Atomic Energy Act period, 1,100 dental X-ray units and approx tions, if any, and include recommendations. of 1946 was passed and with it came the imately 1,500 medical X-ray units were in Recommendations made by field personnel civilian use of radioactive byproduct mate spected. will be subject to the critical review of senior rial. Prom the time the U.S. Atomic Energy The Radiological Health Service has a well members of the Radiological Health Service. Commission began to inspect the users of equipped radiological laboratory and is Licensees will be informed of the results these materials, the State was interested, and presently establishing calibration for the of all inspections, orally at the time of in when the Commission began to invite State various instruments and will as soon as pos spection or by letter or notice from the officials along on inspection tours, State department. sible institute the various monitoring pro health personnel took advantage of the op It is expected that most licensed activities grams which are necessary to keep abreast portunity to see these installations and the will be inspected at least once in each 2 of radiation in the environment. uses to which radioisotopes were being years. Most of -the inspections will be sched applied. PROGRAM DESCRIPTION uled visits, but a significant number may To keep abreast of this newly developing be on an unannounced basis. held, members of the Industrial Hygiene The Radiation Control Program will be Compliance. If only minor items of non- Service attended various radiation courses of- conducted by the Radiological Health Serv cornpliance, such as improper signs, failure i®red by the U.S. Public Health Service. ice, Tennessee Department of Public Health. to label, etc., are involved which the licensee These courses varied from basic training in Licensing and registration. The State Pro agrees in writing to correct at the time of radiological health to more advanced courses gram will control all sources of ionizing radi the inspection, no further action will be u management of nuclear emergencies. ation. Provisions have been made for the taken by the department, except that cor issuance of both specific and general licenses. In 1951, a regulation was adopted to con- rective action will be reviewed during the rol the use of shoe fitting fluoroscopes. As The specific license will be issued to authorize next inspection. a result, many users voluntarily chose to dis possession of radioactive materiàls not ex If the inspection reveals noncompliance of continue their use when advised of the po- empted or generally licensed by the Depart a more serious nature, the licensee will be ential hazard of excessive radiation exposure ment. Requirements for the possession of required to correct such items within a time presented by these devices. By close sur- byproduct, source, and special nuclear ma period to be specified by the department eiiiance, those remaining in service were terials will be comparable to those of the U.S. based upon the degree of hazard involved. rought into compliance wtih the regula- Atomic Energy Commission. In addition, The licensee will be required to inform the This means of controlling the use of regulations provide that the Department will department in writing within 30 days, or less 0. huoroscopes was considered appropriate require radioactive materials licenses for if specified, as to corrective action taken and at the time. naturally occurring radioactive materials the date completed. The department will w ^ecently, however, the Health Department such as radium and accelerator-produced then conduct a follow-up inspection or the as successful in having a law enacted mak- isotopes of nonexempt quantities. All other matter will be reviewed during the next reg- No. 121------4 8114 NOTICES ular inspection to assure that corrective ac suance of rules or regulations. Section P art 241— B u r e a u o f C ommercial tion has in fact been accomplished. The 53-3307 of the Act provides that a recipient F ish er ie s legal recourses which may be taken by the of a notice of violation of the Act or rules Radiological Health Service are cited within and regulations under the Act may request CHAPTER 3— FEDERAL REGISTER DOCUMENTS the Tennessee Code Annotated. and receive a hearing by the Commissioner 241.3.1 Delegation of authority. The Enforcement. When in the judgment of of Health. the Radiological Health Service a person is Section 53-3307 further authorizes the is Director, Bureau of Commercial Fish engaged or about to engage in acts or prac suance of an order which shall be effective eries, is authorized, subject to those ex tices constituting a violation of the Act, immediately in those instances where the ceptions listed in 241 DM 3.2, to exercise rules, regulations or orders, the State’s At Radiological Health Service finds that im all of the authority of the Secretary of torney General may, at the request of the mediate action is necessary to protect per the Interior to issue regulations relating department, make application for a court sons or property from radiation hazards. to commercial fisheries (Title 50 CFR, order to enjoin such acts or, practices or Emergency orders shall be complied with im Chapter I I ). direct compliance. mediately upon receipt thereof; but the per Should the Radiological Health Service son affected may within 30 days after service 241.3.2 Exceptions. The Director, determine that an emergency exists, it shall of such an emergency order request and Bureau of Commercial Fisheries, is not have the authority to impound or to order receive a hearing. authorized to issue the following types of the impounding of any source whether li Any person aggrieved by an order issued amendments or additions to the Code of censed or not in the possession of any person under this section, after hearing, is entitled who is not equipped to observe or fails to to judicial review thereof by a writ of certio Federal Regulations : observe the provisions of the Tennessee Act rari as provided for by Tennessee law. A. Regulations regarding the issuance on Radiological Health or any rules and reg In any action by the department in grant of cease and desist orders in cases in ulations issued thereunder. In the case of ing, suspending or revoking a license, the volving monopoly or restraint of trade. violation, section 53-3312 of the Tennessee Commissioner of Health will provide an op Code Annotated provides for appropriate portunity for a hearing to any person whose S t e w a r t L. U dall, penalties by fine or imprisonment or both. interest may be affected. Secretary of the Interior. The full legal procedures normally will be employed only in those instances where there [F.R. Doc. 65-5790; Filed, June 2, 1965; J u n e 17,1965. 8:49 a.m.] is continued noncompliance after notice, [F.R. Doc. 65-6627; Filed, June 23, 1965; willful negligence on the part of the licensee, 8:46 a.m.] or where a serious potential hazard exists. O f special importance is the provision. under section 53-3307, Tennessee Code DEPARTMENT OF THE INTERIOR Annotated, which empowers the Commis DEPARTMENT OF HEALTH, EDU sioner of Public Health or his duly authorized Bureau of Land Management representatives to enter upon any premises [Anchorage 060160] CATION. AND WELFARE in the line of duty. Staffing. The Radiological Health Service ALASKA Food and Drug Administration Act of 1959 gives the Commissioner of Public Health the responsibility for administering Notice of Termination of Proposed AMERICAN CYANAMID CO. the Act. Withdrawal and Reservation of Curtis P. McCammon, MO., has been ap Notice of Withdrawal of Petition for pointed by the Commissioner as Director of Lands Food Additive Chlortetracycline Radiological Health and Industrial Hygiene Ju n e 17, 1965. * Pursuant to the provisions of the Fed Services. Functionally the Service Director Notice of an application, Serial No. eral Food, Drug, and Cosmetic Act (sec. has been named by the Commissioner of Anchorage 060160, for withdrawal and Public Health to serve as the State’s Radia 409(b), 72 Stat, 1786 ; 21 U.S.C. 348(b)), tion Control Officer. Administratively, the reservation of lands was published as Federal Register Document 63-10944 on the following notice is issued: Director is responsible to Cecil B. Tucker, In accordance with § 121.52 With page 11083 of the issue for October 16, MU., Director of the Division of Preventable drawal of petitions without prejudice of 1963. The applicant agency has can Diseases. the procedural food additive regulations Mr. J. A. Bill Graham, Assistant Director celed its application so far as it involves (21 CFR 121.5-2), American Cyanamid of Radiological Health and a Radiological the lands described below. Therefore, Co. Agricultural Division, Post Office Physicist, has technical and administrative pursuant to the regulations contained in Box 400, Princeton, N.J., has withdrawn supervision of the broad Radiation Control 43 CFR Part 2311 (formerly 43 CFR Part Program. Mr. Graham also is in charge of its petition (FAP 4C1442), published in 295), such lands will be, at 10 a.m., on the licensing program and supervises the re the F ederal R egister of July 21, 1964 June 28, 1965, relieved of the segregative view and evaluation of applications for (29 F.R. 9808), proposing the amend effect of the above mentioned applica licenses. ment of § 121.208(d) to provide for the Mr. Charles P. West, Radiological Physicist, tion. safe use of Chlortetracycline in the feed with the assistance of Mr. Graham will con The lands involved in this notice of of beef cattle by deleting from the duct inspections and generally administer termination are: on site aspects of the licensing and regula “Limitations” column in table 6, items tory program. Sn e t t is h a m P roject 4, 5, 6, 7, and 8, the words “not to be Assisting with the inspection of industrial A strip of land, not exceeding 1 mile in administered within 48 hours of slaugh licensees and registrants will be Industrial width, extending from the west side of Speel ter” and concurrently the amendment oi Hygiene Engineers of the Industrial Hygiene River Arm to within 2 miles of the town of § 121.1014(d) to change the tolerance oi Service, their chief function being the in Juneau, Alaska. 0.1 part per million to 1.0 part per mil spection of specifically licensed industrial lion for residues of Chlortetracycline gauges. The area described aggregates approx As new radiological physicists are em imately 10,415 acres. uncooked kidney, liver and muscle of beei ployed, they will assume duties in licensee cattle. ■, , M 4« A . H a g ans, inspection after receiving training in the J. ^ The withdrawal of this petition broad aspects of the Radiation Control Pro Acting Manager, Anchorage without prejudice to a future filing. gram. Present plans provide for the hiring District and Land Office. of two additional radiological physicists and Dated: June 17,1965. [F.R. Doc. 65-6631; FUed, June 23, 1965; one radiological chemist. The chemist will 8:47 am .] M a lc o lm R. S t e ph e n s , be engaged not only in sample preparation Assistant Commissioner and counting, but also in the collection of for Regulations. environmental samples. When replacement of present personnel is Office of the Secretary [F.R. Doc. 65-6648; Filed, June 23, 1965, necessary or new personnel are employed, 8:48 a.m.] these will be required to have equivalent BUREAU OF COMMERCIAL capabilities in radiological health now FISHERIES demonstrated by incumbent personnel. :ela n es e c o r p . o f Am erica Reciprocity. Regulations of the depart Departmental Manual; Delegation of ment provide for the recognition of licenses Authority Hce of Filing otPetition for Food issued by the U.S. Atomic Energy Commis Additive 1,3-Butylene Glycol sion or other agreement states. The following material is a portion of Hearings. Section 53—3306 of the Radio the Departmental Manual and the num louant to tbe prorWom of t»e logical Health Service Act provides for public participation, where appropriate, in the is bering system is that of the Manual. Thursday, June 24, 1965 FEDERAL REGISTER 8115 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 petitions for determining residues of shall be held in the Offices of the Com (b) (5)), notice is given that a petition DD T is the gas chromatography method. mission, Washington, D.C. (PAP 5A1781) has been filed by Celanese Dated: June 17,1965. Released: June 21, 1965. Corp. of America, 522 Fifth Avenue, New York, N.Y., 10036, proposing an amend M a l c o l m R . S t e p h e n s , F ederal C ommunications ment to § 121.1176 1,3-butylene glycol to Assistant Commissioner C o m m is s io n , provide for a change in existing specifica for Regulations. [ s e a l ] B e n F . W a p l e , tions for 1,3-butylene glycol. As amend [F.R. Doc. 65-6651; Filed, June 23, 1965; Secretary. ed, the specific gravity of the additive 8:49 a.m.] [F.R. Doc. 65-6640; Filed, June 23, 1965; would be from 1.004 to 1.006 at 20/20° C. 8:48 a.m.] and the distillation range would be from 200° C. to 215° C. WALLACE & TIERNAN, INC. [Docket No. 16059; FCC 65M-803] Dated: June 17,1965. Notice of Filing of Petition Regarding Pesticide Chlorosulfamic Acid OKLAHOMA PRESS PUBLISHING CO. M a lc o l m R . S t e p h e n s , (KBIX) Assistant Commissioner Pursuant to the provisions of the Fed for Regulations. . eral Food, Drug, and Cosmetic Act (sec. Order Scheduling Hearing [F.R. Doc. 65-6649; Filed, June 23, 1965; 408(d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) In re application of Oklahoma Press 8:48 a.m.] (1) ), notice is given that a petition (PP Publishing Co. (K B IX ), Muskogee, 5F0451) has been filed by Wallace & Okla., Docket No. 16059, File No. B P - Tiernan, Inc., Post Office Box 178, New ELANCO PRODUCTS CO. 15844; for construction permit. ark, N.J., 07101, proposing the establish It is ordered, This 18th day of June Notice of Withdrawal of Petition for ment of tolerances, expressed as sulfamic 1965, that Forest L. McClenning shall Food Additive Tylosin acid, for residues of sulfamate ion from serve as the presiding officer in the postharvest application of the fungicide above-entitled proceeding; that the Pursuant to the provisions of the Fed chlorosulfamic acid in or on the raw hearings therein shall commence at 10 eral Food, Drug, and Cosmetic Act (sec. agricultural commodities named : a.m., on September 23, 1965; and that a 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), Eight parts per million in or on asparagus, prehearing conference shall be convened the following notice is issued : carrots, cauliflower, celery, potatoes, and at 2 p.m., on July 28, 1965; and it is In accordance with § 121.52 With radishes. further ordered, That all proceedings drawal of petitions without prejudice of The analytical method proposed in the shall be held in the Offices of the Com the procedural food additive regulations mission, Washington, D.C. (21 CFR 121.52) , Elanco Products Co., a petition for determining residues of sul Division of Eli Lilly & Co., Indianapolis, famic acid consists of reacting the res Released: June 21, 1965. Ind., 46206, has withdrawn its petition idue in an acidified extract with a known amount of nitrite, followed by the F ederal C ommunications (PAP 3D1095) published in the F ederal colorimetric determination of the excess C o m m is s io n , Register of May 22, 1963 (28 F.R. 5097), nitrite. [ s e a l ] B e n F. W a p l e , proposing that § 121.217 Tylosin be Secretary. amended to provide for the safe use of a Dated: June 18,1965. free-choice protein feeding supplement [F.R. Doc. 65-6641; Filed, June 23, 1965; M a l c o l m R . S t e p h e n s , 8:48 a.m.] containing tylosin for swine for growth Assistant Commissioner promotion and feed efficiency. for Regulations. The withdrawal of this petition is with [Docket No. 16059; FCC 65-536] out prejudice to a future filing. [F.R. Doc. 65-6652; Filed, June 23, 1965; 8:49 a.m.] OKLAHOMA PRESS PUBLISHING CO. Dated: June 17,1965. (KBIX) M a lc o lm R . S t e p h e n s , Assistant Commissioner Memorandum Opinion and Order for Regulations. FEDERAL COMMUNICATIONS - Designating Application for Hear [F.R. Doc. 65-6650; Filed, June 23, 1965; ing on Stated Issues 8:48 a.m.] COMMISSION In re application of Oklahoma Press [Docket Nos. 16060,16061; FCC 65M-804] Publishing Co. (K B IX ), Muskogee, Okla., Docket No. 16059, File No. BP-15844; HERCULES POWDER CO. CLAY COUNTY BROADCASTING CO. has: 1490 kc, 250 w, U, Class IV; re AND WILDERNESS ROAD BROAD quests: 1490 kc, 250 w, 1 kw-LS, U, Class Notice of Filing of Petition Regarding CASTING CO. IV ; for construction permit. Pesticide Chemical and Food Addi 1. The Commission has before it for tive DDT Order Scheduling Hearing consideration (a) the above application; In re applications of John E. White, (b) a petition to deny, filed September Pursuant to the provisions of the Fed 3, 1963, by Horace C. Boren, licensee of Calvin C. Smith, Jack C. Hall, and Cloyd eral Food, Drug, and Cosmetic Act (secs. StationKMUS, Muskogee, Okla.; and (c) 408(d)(l),'409(b)(5), 68 Stat. 512, 72 Smith, doing business as Clay County related pleadings.1 Stat. 1786; 21 U.S.C. 346a(d) (1), 348(b) Broadcasting Co., Manchester, Ky., kb«? ’ no^ ce *s given that a petition (PP Docket No. 16060, File No. BPH-4596; 5F0435) has been filed by Hercules Pow- The Wilderness Road Broadcasting Co., 1 Before the Commission are: (1) The aforementioned petition to deny; (2) an op der Co., Inc., Wilmington, Del., 19899, Manchester, Ky., Docket No. 16061, File Proposing the establishment of a toler- position thereto, filed Sept. 16, 1963, by the No. BPH-4655; for construction permits. applicant; (3) a reply to the opposition, filed ance of 1.5 parts per million for residues It is ordered, This 18th day of June Sept. 26, 1963; (4) a supplement to petition 01 the insecticide DDT in or on threshed to deny and an addendum thereto, filed soybeans. 1965, that Thomas H. Donahue shall serve as the presiding officer in the Oct. 16 and 20, 1964, respectively, by Boren; The petition (FAP 5H1772) also pro (5) comments of the applicant, filed Oct. poses the establishment of a food addi above-entitled proceeding; that the 30, 1964; (6) a reply and supplement thereto tive tolerance of 6 parts per million for hearings therein shall commence at 10 by Boren, filed Nov. 12 and 13, 1964; (7) a esidues of DDT in soybean oil as a result a.m., on September 16, 1965; and that a motion to strike, filed Nov. 17, 1964, by the prehearing conference shall be convened applicant; (8) an opposition to the motion i carryover and concentration from ap- to strike, filed Nov. 24, 1964, by Boren; and pudati°n to the growing soybeans. at 9 a.m., on July 15, 1965; and, it is (9) a reply to the opposition to strike, filed rhe analytical method proposed in the further ordered, That all proceedings Nov. 25, 1964, by the applicant. 8116 NOTICES 2. In view of the nature of this case, a a person or persons with personal knowl Accordingly, it is ordered, That, pur brief summary of pertinent prior events edge thereof.” It is clear that at least suant to section 309(e) of the Communi is appropriate. The application was a portion of the KM US engineering affi cations Act of 1934, as amended, the ap granted over the objection of Horace C. davit is deficient in that the engineer- plication is designated for hearing at a Boren on June 3, 1964. Thereafter, on affiant patently relies on Boren’s popula time and place to be specified in a sub June 24, 1964, in the U.S. Court of Ap tion count. Thus, it can be said that sequent order, upon the following issues: peals for the District of Columbia Cir certain factual allegations were unsup 1. To determine the areas and popu cuit, Boren filed a notice of appeal2 al ported by affidavit of a person with “per lations which may be expected to gain leging, inter alia, that the Commission’s sonal knowledge thereof.” This defect, or lose primary service from the pro action in granting the K B IX application however, is cured in the reply to K B IX ’s posed operation of Station KBIX and “ * * * was based upon an ex parte opposition, wherein Boren himself the availability of other primary service investigation and violated due process swears that “this detailed population to such areas and populations. requirements.” On July 1, 1964, the count was carried out by me personally, 2. To determine whether the proposed Commission adopted an order (FCC 64- under the direction and supervision of operation of Station K BIX is in com 605) vacating the grant pending further * * * a consulting radio engineer.” pliance with § 73.24(g) of the Commis consideration of the application and in sion’s rules concerning population with 5. With respect to the applicant’s at in the 1 v/m contour and, if not, whether structing the General Counsel to move tempt to strike Boren’s reply' and sup the Court for a remand of the case. By circumstances exist which would war plemental reply, the Commission finds rant a waiver of said Section. letter dated September 16, 1964, the that K B IX relies inordinately on a lit Commission sent the parties a copy of 3. To determine, in the light of the eral interpretation of the September 16 evidence adduced pursuant to the fore the staff’s investigation report3 and in letter. However, the reply and its sup vited comments. Thereafter, the parties going issues, whether a grant of the ap plement are essentially cumulative and plication would serve the public inter filed the pleading listed in footnote 1(5), argumentative in nature. As such, they est, convenience, and necessity. et seq. have no decisional significance and their It is further ordered, That Horace C. 3. In his petition to deny and the sup content will be disregarded. Accord Boren is made a party to the proceeding. plement thereto, Boren claims that the ingly, it will be unnecessary to make a It is further ordered, That the peti K B IX proposal does not comply with specific finding with respect to the mo tion to deny by Horace C. Boren is grant § 73.24(g) of the Commission’s rules be tion to strike and it will be dismissed ed to the extent indicated above and is cause the population within the K B IX as moot. denied in all other respects. blanket area (1 v/m contour) exceeds 6. With regard to the two central is It is further ordered, That the motion the permissible number.4 Specifically, sues of the controversy— i.e., alleged to strike by Oklahoma Press Publishing it is alleged that the population within interference to KM US and potential Co. is dismissed as moot. the proposed 1 v/m contour would be violation of § 73.24(g)— the Commission It is further ordered, That, in the event 828. A maximum of only 417 would be finds, under section 309(d) of the Com of a grant of the application, the con permitted, since the proposal would en munications Act of 1934, as amended, struction permit shall contain the fol compass 41,748 persons within its 25 that Boren has raised substantial and lowing conditions: mv/m contour. Boren further alleges material questions of fact with respect that, due to conditions in the vicinity of Permittee shall accept such interference to one issue but not the other. Station as may be imposed by existing 250-watt K B IX ’s rooftop antenna system, the KM US operates on 1380 and K B IX on Class IV stations in the event they are sub KM US signal is subject to extensive 1490 kilocycles. Since the stations are sequently authorized to increase power to interference within the former’s 1 v/m separated in frequency by 110 kilocycles 1,000 watts. contour area and that this disruption there can be no legally cognizable inter Permittee shaU submit with the applica ofv service would be greatly increased ference under the Commission’s rules tion for license antenna resistance measure if K B IX is permitted to increase power within the respective normally protected ments made in accordance with section 73.54 to 1,000 watts. K B IX argues that the of the Commission rules. service areas. However, it is possible Permittee shall accept such interference KM US pleadings are procedurally that the presence of a high-intensity as may be imposed in event KWRW, Guthrie, defective; that the population within signal in the order of 1 v/m may have a Okla., is subsequently authorized a daytime the 1 mv/m area is within the limits deleterious effect on the reception ca power increase from 100 watts to 500 watts. prescribed by § 73.24(g); and that Boren pability of radio receivers even though It is further ordered, That, to avail used unsound procedures in making the undesired 1 v/m signal is removed themselves of the opportunity to be his population and interference studies. in frequency by 110 kilocycles from the heard, the applicant and party respond The applicant further contends that frequency of the desired station. In ent herein, pursuant to § 1.221(c) of the whatever interference KM US receives order to hold blanketing interference Commission rules, in person or by at within the blanket area is minimal within reason, the Commission imposed torney, shall, within 20 days of the mail and that no complaints have been a relative population limit within the ing of this order, file with the Commis received in recent years. In its motion pertinent contour. In the present case sion in triplicate, a written appearance to strike the Boren reply and supple we have conflicting affidavits from both stating an intention to appear on the mental reply, filed November 12 and 13, parties. KM US alleges that the pro date fixed for the hearing and present 1964, K B IX asserts that the Commis posed 1 v/m contour would cover an evidence on the issues specified in this sion’s letter of September 16, 1964, area having a population of 828 persons. invited only “comments” by Boren order. ,. tor or takes exception to K M U S’s de It is further ordered, That the appu- and “reply comments” by the applicant lineation of the area and steadfastly cant herein shall, pursuant to section and that “reply comments” by Boren maintains that less than 300 persons are 311(a) (2) of the Communications Act; oi were neither requested nor authorized. present. Both sets of pleadings contain 1934, as amended, and § 1.594 of tn 4. The KBIX claim that Boren’s peti affidavits from competent electrical engi Commission’s rules, give notice of tion to deny is procedurally defective is neers which cannot be reconciled. For hearing, within the time and in the ma - based on § 1.580(1) of the rules which this reason we believe that a bona fide ner prescribed in such rule, an“ w . requires factual allegations— other than dispute exists that cannot be resolved advise the Commission of the pumica- those of which official notice may be tion of such notice as required by § taken— to be supported by affidavit “of short of hearing. 7. Except as indicated by the issues I r t \ A.# Vllloc 2 Horace C. Boren v. Federal Communica below, the applicant is legally, techni Adopted: June 16,1965. cally, financially, and otherwise qualified tions Commission, Case No. 18,722. Released: June 18,1965. 3 The report detailed the results of a field to construct and operate as proposed. F e d e r a l C ommunications engineering survey of the population and However, the Commission is unable to alleged blanketing conditions within the C o m m i s s i o n ,® make the statutory findings that a grant K B IX 1 v/m contour. [ s e a l ! B e n F. W a ple , *■ Sec. 73.24(g) provides that an application of the application would serve the public Secretary. will be granted only after a satisfactory interest, convenience, and necessity, and [FTt. Doc. 65-6642; Filed, June 23, 1965, showing that the population within the 1 is of the opinion that it must be desig 8:48 a.m ] v/m contour, if over 300 persons? does not nated for hearing on the issues set forth exceed 1 percent of the population within 6 Commissioner Cox absent. the 25 mv/m contour. below: Thursday, June 24, 1965 FEDERAL REGISTER 8117 [Docket Nos. 14368 etc.; FCC 65-527] Markert are two of five persons each process. Accordingly, the Commission is SYRACUSE TELEVISION, INC., ET AL. awning 17.27 percent of Baker’s stock, granting the substance of the petition to Dolan serving as president of Baker, and reopen, and is remanding the proceeding Memorandum Opinion and Order Markert serving as a vice president to the Hearing Examiner for further Remanding Proceeding thereof.6 hearing on issues essentially the same as 3. A copy of the New York complaint those proposed by the petitioners.8 In re applications of Syracuse Tele is attached to the joint petition to re 5. Although Baker suggests that its vision, Inc., Syracuse, N.Y., Docket No. open. In general, it charges that the de denials and affirmative showings are suf 14368, Pile No. BPCT-2924; W.R.G. fendants have, for many years, agreed, ficient to warrant a rejection of the peti Baker Radio and Television Corp., arranged, and conspired among them tion to reopen, it does not object to a Syracuse, N.Y., Docket No. 14369, Pile selves and others to restrain competition further hearing. Its principal concerns No. BPCT-2930; Onondaga Broadcast in the building construction industry in are that the petitioners be required to ing, Inc., Syracuse, N.Y., Docket No. the State of New York for the purpose of assume the burden of proof as to the 14370, File No. BPCT-2931; W AGE, Inc., establishing and maintaining a monop charges in the complaint; and that it be Syracuse, N.Y., Docket No. 14371, File oly in the industry. In furtherance of furnished, 30 days prior to the com No. BPCT-2932; Syracuse Civic Televi the alleged conspiracy, the defendants mencement of the formal hearing, with sion Association, Inc., Syracuse, N.Y., are said by the complaint to have en information as to the specific matters to Docket No. 14372, File No. BPCT-2933; gaged or participated in 18 acts or series be relied upon by the petitioners, the Six Nations Television Corp., Syracuse, of acts generally relating to the submis witnesses they intend to call, and the N.Y., Docket No. 14444, File No. B P C T - sion of bids for the plumbing work in nature of the evidence to be offered. The 2957; Salt City Broadcasting Corp., volved in public building construction Commission’s Broadcast Bureau also con Syracuse, N.Y., Docket No. -14445, File projects; the classification of the type of tends for greater specificity, and would No. BPCT-2958; George P. Hollingbery, work to be included in plumbing con require the petitioners to support the Syracuse, N.Y., Docket No. 14446, File tracts; and the selling and/or installing petition to reopen, within 60 days, “with No. BPCT-2968; for construction permits of plumbing supplies, the prices to be facts as to the nature and extent of the for new television broadcast stations. charged therefor, and the circumstances involvement of the principals of Baker 1. The Commission has before it (a) a under which such supplies should be sold in the allegations of unlawful conduct petition to vacate decision and reopen and/or installed. Twelve specifications made by the State of New York.” the record, jointly filed on February 23, of damage are listed in the complaint, 6. The argument as to the “burden of 1965, by Syracuse Television, Inc. and among them, that the State’s awarding proof” appears to be one of semantics five other of the above applicants;1 (b) authority for the construction of aca only, since petitioners “adopt and offer to the pleadings responsive or relating demic facilities has suffered coercion, de prove the charges in the complaint.” 7 thereto;2 and (c) all other matters of lays, and increased costs, and that com 7. The question as to the specificity of record herein. petition in the sale and installation of the petition and the complaint is only 2. The Commission’s decision in this plumbing equipment has been abridged slightly more troublesome. A fair read proceeding was released on January 22, and restrained. The complaint, which ing of the complaint (adopted in the pe 1965;3 in brief, it granted the Baker is verified by a Deputy Assistant Attor tition) compels a conclusion that it is as application, and denied those of the ney General of the State of New York, specific as it can be without a revelation eight other applicants seeking a con seeks permanent injunctive and other of the whole of the precise overt acts and struction permit for a new television curative relief, and monetary penalties evidence to be relied upon. And it may broadcast station on Channel 9 in Syra for the alleged past violations of the ap be noted here that Baker was able, in its cuse, N.Y. Unknown to the Commission plicable laws. verified answer, to make point-by-point at the time of the grant to Baker was the 4. Based on the complaint, the peti denials of wrongdoing by the Joy Com fact that, on December 31,1964, the State tioners seek a reopening of the record, a pany— notwithstanding its contention of New York had instituted a civil anti remand of the proceeding to the Hear that “the New York State action makes trust proceeding against (among others) ing Examiner, and further hearing on no charges against the Edward Joy Co, a number of New York State plumbing issues inquiring as to Dolan's and M ar- which are sufficiently specific to inform contractors, among them, the Edward kert’s involvement in the alleged miscon it of any acts of wrongdoing.” But the Joy Co., which is almost wholly owned duct; Baker’s failure to notify the Com foregoing is not to say that Baker must by the families of T. Frank Dolan, Jr., mission of the complaint; and whether approach the further hearing without more complete information as to the wit and Leonard P. Markert, two of Baker’s Baker possesses the requisite character principal stockholders.4 Dolan and nesses to be called and the nature of the qualifications to be a Commission li particular evidence to be presented. In censee. Notwithstanding denials by the interests of fair play and orderly 1 The 6 other joint petitioners are Onon Baker of any wrongdoing -by . the Joy procedure, and to make the remand pro daga Broadcasting, Inc., WAGE, Inc., Syra Company or its officials, the Commis ceeding something more than a means of cuse Civic Television Association, Inc., Six sion believes that the complaint raises Nations Television Corp., and George P. unduly extending the existing interim Hollingbery. Hereinafter, the applicants will serious public interest questions that can operation on Channel 9, the Commission usually be referred to in the abbreviated only be resolved through the hearing believes it incumbent upon the peti fashions utilized in the decision. tioner to give Baker reasonable notice 2 The other pleadings are the verified an of trade, or of using unfair methods of com of the witnesses to be called and the swer and reply filed by Baker on Mar. 25, petition.” The question was answered in the matters as to which such witnesses will f°65; the response filed by the Commission’s negative in Baker’s original application, and Broadcast Bureau on Mar. 26, 1965; the joint Baker did not amend its application follow 6 Unlike the petitioners’ issues, however, reply filed by the 6 joint petitioners on Apr. ing the filing of the New York complaint, the Commission’s do not call for the Hearing 16, 1965; and the statement of position filed notwithstanding the provisions of sec. 1.65 Examiner to make a new comparative deter 1 9 6 CUy Broadcasting Corp. on Apr. 16, of the Commission’s rules. mination among the applicants. In light 6 It appears that Dolan has been president, of the fact that a decision has already been 8 The decision was released sub nom. Vet treasurer, and a director of the Joy Company rendered in the proceeding, it is more appro erans Broadcasting Co., Inc., and is reported since 1936, and that he personally owns 7 priate that the Hearing Examiner merely de at 38 FCC 25 and 4 R.R. 2d 375. By order percent of the company’s stock. Markert has termine whether the evidence adduced makes released Mar. 2, 1965, FCC 65-156, the Com- apparently never participated in the man advisable the selection of a new recipient for naission granted a petition by Veterans re agement of the Joy Company, and his per the permit. questing a dismissal of its application with sonal holdings (if any) in the company are 7 The Commission does not read peti prejudice. not disclosed in the original application. tioners’ “offer to prove the charges in the ‘ Question 10(e) of sec. II of the Commis- Markert’s son, Leonard P. Markert, Jr., is said complaint” as extending to the issue con 8 broadcast application form (Form FCC to be vice president, secretary, a director, and cerning Baker’s failure to amend its applica 1) inquires as to whether there is pending general manager of the company, and to have tion. W ith respect to this issue, and one any court or administrative body against been active in the Syracuse Master Plumbers (specified by the Commission) inquiring as e applicant or any party to the application, Association over the past 8 years. Both to the relationship between Baker and the ,acti°n involving, among other things, Markert, Jr., and the association are named Joy Company, the Commission believes that estraints and monopolies and combina- as defendants in the complaint, although the burden of proceeding with the evidence °ns, contracts, or agreements in restraint neither Dolan nor Markert, Sr., are. more appropriately belongs with Baker. 8118 NOTICES respectively be examined. The Commis this applicant, warranting a further S. Dak., Farmers State Bank, and The sion reads petitioners’ reply (par. 14) as comparative evaluation of the applica Security State Bank. agreeing to this procedure, their offer tions in this proceeding. There has come before the Board of conditioned only on Baker’s agreeing to It is further ordered, That the burden Governors, pursuant to the Bank Merger follow the same procedure with respect of proof shall be on Baker, except that as Act of 1960 (12 U.S.C. 1828(c)), an ap to its case. The Commission anticipates to Issue (1), the burden shall be on the plication by Citizens Bank, Vermillion, no problem here, and leaves to the discre petitioners. S. Dak., a State member bank of the tion of the Hearing Examiner the ques It is further ordered, That the Hearing Federal Reserve System, for the Board’s tion of what constitutes reasonable Examiner make full use of his authority prior approval of the consolidation of notice. to utilize, among other procedures, pre- that bank and Security State Bank, Gay 8. In connection with the foregoing, hearing conferences and the filing of ville, S. Dak., Gayville, South Dakota, the petitioners’ reply indicates that the stipulations as to facts and issues, with Farmers State Bank, Tabor, S. Dak., and New York proceeding will commence the objective of refining the issues, The Security State Bank, Wakonda, shortly. If this be so, there would seem expediting the proceeding, and keeping S. Dak., under the charter and title of to be a good opportunity for the in the further hearing within practicable the applicant. As an incident to the creased use of stipulations and other limits. consolidation, the four offices of the procedures designed to speed up the Released: June 17, 1965. Gayville, Tabor, and Wakonda banks hearing process. Such procedures sub would be operatedas branches of the stantially shortened the previous hear F ederal C ommunications applicant bank. Notice of the proposed ing, and the Hearing Officer is urged C o m m is s io n ,® consolidation, in form approved by the again to make full use of his authority [ s e a l ] B e n F. W a p l e , Board, has been published pursuant to to utilize them, to the end that the hear Secretary. said Act. ing be expedited and kept within practi [F.R. Doc. 65-6643; Filed, June 23, 1965; Upon consideration of all relevant ma cable limits. 8:48 a.m.] terial in the light of the factors set forth 9. The remaining question has to do in said Act, including reports furnished with Salt City’s right to participate in by the Comptroller of the Currency, the [Docket Nos. 15841-15843; FCC 65M-805] the further hearing. In brief, various Federal Deposit Insurance Corporation, of the parties have dropped Salt City WTCN TELEVISION, INC. (WTCN-TV) and the Attorney General on the com from the caption of the proceeding on ET AL. petitive factors involved in the proposed the theory that, because Salt City has consolidation, neither sought reconsideration of the Order Continuing Hearing It is hereby ordered, For the reasons decision nor appealed it under section In re applications of W TC N Television, set forth in the Board’s Statement1 of 402 of the Communications Act, it is no Inc. (W T C N -T V ), Minneapolis, Minn., this date, that said application be and longer involved in the proceeding. Docket No. 15841, File No. BPCT-2850; hereby is approved, provided that said These parties have overlooked the fact, Midwest Radio-Television, Inc. (W CCO - consolidation shall not be consummated however, that section 405 of the Act TV), Minneapolis, Minn., Docket No. (a) within 7 calendar days after the provides that appeals need not be taken 15842, File No. BPCT-3292; United Tele date of this order or (b) later than 3 until 30 days after Commission action on vision, Inc. (K M S P -T V ), Minneapolis, months after said date. all petitions for reconsideration.8 Con Minn., Docket No. 15843, File No. B PC T - sequently, Salt City, as much as the pe Dated at Washington, D.C., this 17th 3293; for construction permits. titioners, is still in the case, with full day of June 1965. It is ordered, This 21st day of June rights of participation in the further By order of the Board of Governors.2 1965, that because of the pendency of hearing. certain interlocutory pleadings before [ s e a l ] M erritt S herm an, In view of the foregoing, It is ordered, the Commission, Review Board, and Secretary. This 16th day of June 1965, (a) that the Hearing Examiner, and as well as a con Joint Petition to Vacate Decision and [F.R. Doc. 65-6612; Filed, June 23, 1965; flict of hearing schedules, the hearing Reopen the Record, filed on February 8:45 a.m.] now scheduled for July 19, 1965, be and 23, 1965, by Syracuse Television, Inc. the same is hereby rescheduled for Sep et al., is granted to the extent herein tember 22, 1965, 10 a.m., in the Commis above indicated; (b) that the hearing sion’s Offices, Washington, D.C.; FEDERAL POWER COMMISSION record herein is reopened: and (c) that It is further ordered, That respondents’ [Pocket No. Ill65—635] the proceeding is remanded, to the Hear replies or negative exhibits shall be ex ing Officer who presided originally, for EL PASO NATURAL GAS PRODUCTS changed on or before June 30, 1965, in further hearing on the following issues: CO. (1) To determine whether the Edward lieu of June,23,1965, and that the notifi cation of witnesses desired for cross-ex Joy Co. or its owners, officers, directors, Order Providing for Hearing on and amination shall be accomplished on or or other officials, have engaged in viola Suspension of Proposed Change in before September if 1965, in lieu of July tions of the New York State antitrust 1,1965. Rate, and Allowing Rate Change laws or in other anticompetitive activi To Become Effective Subject to ties in the building construction and/or Released: June 21, 1965. plumbing industries in the State of New Refund F ederal C ommunications Ju n e 16, 1965. York. C o m m is s io n , (2) To determine the relationship, in Respondent named herein has filed a [ s e a l ] B e n F. W a p l e , proposed change in rate and charge of a terms of ownership and/or control, be Secretary. tween the Edward Joy Co. and the currently effective rate schedule for the W.R.G. Baker Radio and Television [F.R. Doc. 65-6644; Filed, June 23, 1965; sale of natural gas under Commission Corp. 8:48 a.m.] jurisdiction, as set forth in Appendix A (3) To determine the circumstances hereof. regarding the failure of Baker to inform The proposed changed rate and charge the Commission, pursuant to § 1.65 of the may be unjust, unreasonable, unduly Commission’s rules, of the filing of an FEDERAL RESERVE SYSTEM discriminatory, or preferential, or other antitrust complaint against the Edward CITIZENS BANK wise unlawful. Joy Co. by the State of New York. (4) To determine, in light of the evi Order Approving Consolidation of 1 Filed as part of the original document, Banks •pies available upon request to the dence adduced with respect to the pre Governors of the Federal Reserve Sy _> ceding issues, whether Baker should be In the matter of the application of ashington, D.C., 20551, or to the Federal disqualified or, if not, whether a substan Citizens Bank for approval of consolida ¡serve Bank of Minneapolis. tial demerit should be assessed against tion with Security State Bank, Gayville, 8 Voting for this action: chaiJ5na^ _ ^ n l, and Governors Robertson, Sh®P . 8 See Florida G ulf coast Broadcasters, Inc., 8 Commissioner Cox absent; Commissioner ttchell, Daane, and Maisel. Absent and FCC 62R-183,24 R.R. 800. Wadsworth not participating. ting: Governor Balderston. i Thursday, June 24, 1965 FEDERAL REGISTER 8119 The Commission finds: It is in the fective as prescribed by the Natural Gas filing of its agreement and undertaking, public interest and consistent with the Act '. Provided, however, That the sup such agreement and undertaking shall Natural Gas Act that the Commission plement to the rate schedule filed by Re be deemed to have been accepted . enter upon a hearing regarding the law spondent shall become effective subject (C ) Until otherwise ordered by the fulness of the proposed change, and that to refund on the date and in the manner Commission, neither the suspended sup the supplement herein be suspended and herein prescribed if within 20 days from plement, nor the rate schedule sought to its use be deferred as ordered below. the date of the issuance of this order Re be altered, shall be changed until dis The Commission orders: (A ) Under spondent shall execute and file under its position of this proceeding or expiration the Natural Gas Act, particularly sec above-designated docket number with of the suspension period. tions 4 and 15, the regulations pertain the Secretary of the Commission its (D ) Notices of intervention or peti ing thereto (18 CFR Ch. I ), and the agreement and undertaking to comply tions to intervene may be filed with the Commission’s rules of practice and pro with the refunding and reporting pro cedure, a public hearing shall be held Federal Power Commission, Washington, cedure required by the Natural Gas Act concerning the lawfulness of the pro D.C., 20426, in accordance with the rules posed change. and § 154.102 of the regulations there of practice and procedure (18 CFR 1.8 (B) Pending hearing a n d decision under, accompanied by a certificate and 1.37(f) ) on or before August 2, 1965. thereon, the rate supplement herein is showing service of a copy thereof upon By the Commission. suspended and its use deferred until date the purchaser under the rate schedule shown in the “Date Suspended Until” involved. Unless Respondent is advised [ s e a l ] J o s e ph H . G u t r id e , column, and thereafter until made ef to the contrary within 15 days after the Secretary. A ppendix A Effective Cents per Mcf Rate in Rate Sup Amount Date date Date sus effect sub Docket Respondent sched ple Purchaser and producing area of annual filing unless pended ject to No. ule ment decrease tendered sus until— Rate in Proposed refund in No. No. pended effect decreased docket rate Nos. RI65-636__ E l Faso Natural Gas 8 10 E l Paso Natural Gas Co. (acreage in ($241) 5-17-65 » 6-17-65 8 6-18-65 1 14.05363 4 9 «12.0495 RI64-142. Products Co.,' Post San Juan County, N . M ex.) (San Office Box 3986, Juan Basin Area). Odessa, Tex., Attention: John A. Woodward, Vice- President and General Counsel. 1A wholly owned subsidiary of E l Paso Natural Qas Co. • Pressure base is 15.025 p.s.i.a. ! The stated effective date is the first day after expiration of the required statutory 9 For gas well gas produced from the Gallup Formation only (the contract covers notice. . the sale of gas produced from the Dakota and Gallup Formations). 1 The suspension period is lim ited to 1 day. 7 Includes 1.0 cent per M cf minimum guarantee for liquids. 4 Renegotiated rate increase. Appendix A [Docket No. CP65-396] Protests or petitions to intervene may El Paso Natural Gas Products Co.’s (Prod MICHIGAN WISCONSIN PIPE LINE CO. be filed with the Federal Power Commis ucts Company) renegotiated rate decrease sion, Washington, D.C., 20426, in accord consists of a 1.0 cent reduction and elimina Notice of Application ance with the rules of practice and pro tion of a 1.0 cent per Mcf guarantee for cedure (18 CFR 1.8 or 1.10) and the liquids. Products Company’s wells produce J u n e 17,1965. regulations under the Natural Gas Act from the Dakota and Gallup formations. Take notice that on June 11, 1965, Due to pressure difficulties concerning the (157.10) on or before July 15, 1965. Gallup gas wells the parties agreed to a 1.0 Michigan Wisconsin Pipe Line Co. (Ap Take further notice that, pursuant to cent per Mcf reduction in price and deletion plicant), 1 Woodward Avenue, Detroit, the authority contained in and subject to of a contractually provided 1.0 cent per Mich., 48226, filed in Docket No. CP65- the jurisdiction conferred upon the Fed Mcf minimum guarantee for liquids as con 396 an application pursuant to section eral Power Commission by sections 7 and sideration for reduction in line pressure from 7(c) of the Natural Gas Act for a certifi 15 of the Natural Gas Act and the Com 500 ps.i.g. to 250 p.s.i.g. The agreement per cate of public convenience and necessity mission’s rules of practice and procedure, tains only to the sale of gas produced from authorizing the construction and opera a hearing will be held without further the Gallup formation. Products Company’s tion of 12.2 miles of 12-inch loop and 26.0 notice before the Commission on this ap notice of change constitutes a decrease in miles of 16-inch loop line on its lateral plication if no protest or petition to rate from 14.053625 cents8 to 12.0495 cents extending to Madison, Wis., all as more intervene is filed within the time required per Mcf for the Gallup formation low pres fully set forth in the application which herein, and the Commission on its own sure gas. While the proposed rate of 12.0495 is on file with the Commission and open review of the matter finds that a grant of cents per Mcf is below the San Juan Basin to public inspection. the certificate is required by the public area ceiling for increased rates, in light of the Applicant states that the proposed fa convenience and necessity. If a protest pressure reduction the gas involved here is cilities would complete the looping of its or petition for leave to intervene is timely not considered to be of pipeline quality Madison lateral and are required to cor filed, or if the Commission on its own within the meaning of the policy statement. rect low-pressure conditions experienced motion believes that a formal hearing Taking into account this reduction in pres during the 1964-65 heating season and to is required, further notice of such hear sure the proposed decreased rate may exceed assure continuity of .firm service to com ing will be duly given. ou a comparable basis the ceiling for pipe- munities served from the line. No new Rhe quality gas in this area, and therefore Under the procedure herein provided service is proposed as a result of the for, unless otherwise advised, it will be should be suspended for one day as herein construction. before ordered. unnecessary for Applicant to appear or The estimated cost of construction of be represented at the hearing. [F.R. Doc. 65-6565; Piled, June 23. 1965; the new facilities is $1,925,000, which is ______8:45 a.m.] to be financed as a part of Applicant’s J o s e ph H . G u t r id e , overall financing program which will Secretary. 8 Previously suspended and is in effect sub utilize bank loans after the expenditure ject to refund in Docket No. RI64-142. [F.R. Doc. 65-6625; Filed, June 23, 1965; of treasury funds. 8:46 a.m.] 8120 NOTICES [Docket No. 0-10843 etc.] Docket No. Pres THOMAS N. BERRY & CO. ET A L and date filed Applicant Purchaser, field, and location Price per M cf sure Notice of Applications for Certificates, base Abandonment of Service, and Pe G-10843__ Thomas N. Berry & Co. Cities Service Gas Co., Eureka 1 12.25 14.65 E 6-7-65 (Operator), e t al. (successor Field, Grant County, Okla. 3 310.75 titions To Amend Certificates 1 to Barrett Petroleum Co.), Post Office Box 111, Still J u n e 15, 1965. water, Okla. Thomas N. Berry & Co. (Operator), CI60-494__. Allen Burr (Operator), et al., Syijo Gas Co., North Fannin Field, Depleted D 6-7-65 2205 Soutn Coast Bldg., Goliad County, Tex. et al. (successor to Barrett Petroleum Houston, Tex., 77002 C o.), and other applicants listed herein, (partial abandonment). CI61-219... Hal Bogle, etal., (successor to El Paso Natural Gas Co., Jalmat 9.0 1465 Docket Nos. G-10843, et al. E 6-1-65 E. P. Campbell), c/o W. L. Pool, Lea County, N. Mex. Take notice that each of the Appli Smith, agent. Box 763, Hobbs, N. Mex. cants listed herein has filed an applica VT62-951 <„ Tesoro Petroleum Corp. American Louisiana Pipe Line C o ., «•22.25 15.025 tion or petition pursuant to section 7 of E 6-1-65 (successor to The Texstar W. Little Chenier Perdue Field, the Natural Gas Act for authorization Corp.), 2008-National Bank Cameron Parish, La. of Commerce Bid., San- to sell natural gas in interstate com Antonio 5, Tex., 78205. merce or to abandon service heretofore C 163-265.. Forest Oil Corp., et al., 1300 Michigan Wisconsin Pipe Line Co., 20.495 1466 C 6-8-65 National Bank of Commerce Wheelock Unit, Woodward authorized as described herein, all as Bldg., San Antonio, Tex., County, Okla. more fully described in the respective 78205. CI63-337.... Pan American Petroleum Michigan Wisconsin Pipe Line Co., 3 21.545 14.65 applications and amendments which are C 6-7-65 » Corp., Post Office Box 591, Woodward Gas Area, Wood on file with tl\e Commission and open Tulsa. Okla., 74102. ward County, Okla. CI65-616___ BTA Oil Producers (Operator), E l Paso Natural Gas CO., Spra- 16.0 1465 to public inspection. C 6-8-65 et ah, 104 South Pecos, M id berry Trend Area, Reagan Protests or petitions to intervene may land, Tex. County, Tex. CI65-671___ John L. Cox (Operator), et al., E l Paso Natural Gas C o., Rocker 16. Ò 1465 be filed with the Federal Power Com C 6-8-65 305 V.,& J Tower, M idland, B Ranch Area, Reagan County, mission, Washington, D.C., 20426, in ac Tpy, Tex. cordance with the Rules of Practice and CI65-939___ Tenneco Oil Co., Post Office Tennessee Gas Transmission Co., 19.5 15.025 C 6-7-65 Box 2511, Houston, Tex., Ellis Field, Acadia Parish, La. Procedure (18 CFR 1.8 or 1.10) on or 77001. before July 8, 1965. CI65-1264...... The Pure OU Co., 200 East Arkansas Louisiana Gas Co., South 15.0 1465 A 6-3-65 Golf R d., Palatine, HI., 60067. east Ames Field, Major County, Take further notice that, pursuant to Okla. the authority contained in and subject 0165-1265--. Texas Gas Exploration Corp., Texas Gas Transmission Corp., 15.0 15.025 A 5-28-65 1111 First City National Bank Midland Field, Muhlenberg to the jurisdiction conferred upon the Bldg., Houston, Tex., 77052. County, Ky. Federal Power Commission by sections CI65-1266- -. Carl Perkins, d.b.a. Flanagan Equitable Gas Co., Clay District, 25.0 15.325 7 and 15 of the Natural Gas Act and the A 6-4-65 Lease, R.F.D. 3, Pennsboro, Ritchie County, W. Va. W . Vay 26415. Commission’s rules of practice and pro CI65-1267--, Sinclair ÔU & Gas Co. (Opera E l Paso Natural Gas Co., Kansas 15.0 1465 cedure, a hearing will be held without A 6-3-65 tor), et al., Post Office Box Hugoton and Panoma-Council 521, Tulsa, Okla., 74102. Grove Fields, Grant and Stanton further notice before the Commission on Counties, Kans. all applications in which no protest or CI65-1268-. Sun OU Co. (SW D ivision), 1608 Lone Star Gas Co., Shamburger • 14.49 1465 A 6-3-65 Walnut St., PhUadelphia, Lake Field, Smith County, Tex. petition to intervene is filed within the Pa., 19103. time required herein, if the Commission C165-1269-. C. Arnold Brown, 913 Kennedy Cities Service Gas Co., North Hardt- 14 0 1465 on its own review of the matter believes A 6-4-65 Bldg., Tulsa, Okla. ner Field, Barber County, Kans. 0165-1270-. Edwin G. Bradley, 825 Union Panhandle Eastern Pipe Line Co., 13.0 1465 that a grant of the certificates or the A 6-4-65 Center Bldg., Wichita, Kans., Lerado Field, Reno County, Kans. authorization for the proposed abandon 67202. CI65-127Í-. Sinclair Oil & Gas Co. (Opera Cities Service Gas Co., Kansas-Hu- (id) ment is required by the public conven B 6-3-65 tor), et al., Post Office B.ox goton Field, Grant and Stanton ience and necessity. Where a protest 521, Tulsa, Okla., 74102. Counties, Kans. CI65-1272-. James G. Maynard, d.b.a. Natural Gas Pipeline Co. of Ameri i«» 16.0 1465 or petition for leave to intervene is A 6-3-65 Maynard OU Co. (Operator), ca, acreage in Wise County, Tex. timely filed, or where the Commission et al., c/o John H . MacDonald, agent, 2715 Mercantile Bank on its own motion believes that a formal Bldg., DaUas, Tex.. 75201. hearing is required, further notice of . CI65-1273-... Edwin L. Cox, 2100 Adolphus Natural Gas Pipeline Co. of Ameri 17.0 14.65 such hearing will be duly given: Pro A 6-4-65 Tower, DaUas, Tex., 75202. ca, acreage in Beaver County, Okla. 14.65 vided, however, That pursuant to § 2.56, CI65-1274--- Anadarko Production Co., Natural Gas Pipeline Co. of Amer 17.0 Part 2, Statement of General Policy and A 6-4-65 Post Office Box 351, Liberal, ica, S. E. Boyd Field, Beaver Kans., 67901. County, Okla. 14.65 Interpretations, Chapter I of Title 18 of C165-1275__ Sinclair OU & Gas Co., Post Cities Service Gas Co., Bishop Field, 17.0 the Code of Federal Regulations, as A 6-4-65 Office Box 521, Tulsa, Okla., E llis County, Okla. 74102. 14.65 amended, all permanent certificates of CI65-1276__ Anadarko Production Co., Kansas-Nebraska Natural Gas Co., «111.0 public convenience and necessity grant A 6-4-65 Post Office Box 351, Liberal, Inc., Dombey Field, Beaver « 15.0 ing applications, filed after April 15,1965, Kans., 67901. County, Okla. CI65-1277__ H. N. Rinehart, Heirs, c/o Consolidated Gas Supply Corp., Uneconomical. without further notice, will contain a B 6-4-65 E. D. Rinehart, agent, Cairo, Grant District, Ritchie County, condition precluding any filing of an W . Va. W . Va. 14.65 CI65-1278__ Thomas E. Berry, Post Office Arkansas Louisiana Gas Co., 15.0 increased rate at a price in excess of that A 6-7-65 Box 528, Stillwater, Okla., Acreage in Haskell County, Okla. designated for the particular area of 74074, and C. R . W albert, 2821 production for the period prescribed First National Bldg., Okla homa City, Okla., 73102. 17.0 1A65 therein unless at the time of filing such CI65-1279-- Carl E. Gungoll and Henry H. Panhandle Eastern Pipe Line Co., certificate application, or within the A 6-7-65 Gungoll, Post Office Box 581, South Teagarden Field, Woods EnicLjOkla. County, Okla. 10. 0 15.025 time fixed herein for the filing of pro CI65-1280- - Pubco Petroleum Corp. (suc El Paso Natural Gas Co., Aztec tests or petitions to intervene the Ap F 5-21-65 cessor to B etty Jean Mudge Pictured Cliffs Formation Gas Stahl, et a l.),13 Post Office Field, San Juan County, N . Mex. plicant indicates in writing that it is Box 1419, Albuquerque, N . unwilling to accept such $ condition. Mex., 87103. 26.0 15.325 CI65-1281 WiUiam I. Forbes, et al., 846 Consolidated Gas Supply Corp., In the event Applicant is unwilling to A 6-7-65 Maplewood Rd., Wayne, DeKalb District, Gilmer County, accept such condition the application Pa. W . Va. Uneconomical-...... CI65-1282- Nafco OU and Gas Inc., 922 Kansas-Nebraska Natural Gas Co., will be set for formal hearing. B 5-28-65 Americana Bldg., Houston, Inc., Minto Field, Logan County, Under the procedure herein provided Tex., 77002. Colo. 16.0 1A65 for, unless otherwise advised, it will be CI65-1283-. Tenneco Oil Go., Post Office Mississippi River Transmission A 6-7-65 Box 2511, Houston, Tex., Corp., Woodlawn Field, Harrison unnecessary for Applicants to appear or 77001. County, Tex. be represented at the hearing. Filing Code: A— Initial service. J o s e ph H G u t r id e , B— Abandonment. Secretary. C— Amendment to add acreage. D— Amendment to delete acreage. E—-Succession. i Thin notice does not provide for consoli F— Partial succession. dation for hearing of the several matters covered herein, nor should it he so construed. See footnotes at end of table. Thursday, June 24, 1965 FEDERAL REGISTER 8121 Docket No. G-7500. Williams has filed Docket No. Pres Pan American’s contract as its rate and date filed Applicant Purchaser, field, and location Price per Mcf sure base schedule for sales from the acquired acreage. Pan American’s presently ef fective rate is 18.243 cents per Mcf at CI65-1284-— — Thomas E. Berry, Post Office Arkansas Louisiana Gas Co., 15.0 14.65 A 6-7-65 Box 528, Stillwater, Okla., Acreage in LeFlore County, Okla. 14.65 p.si.a. in effect subject to refund 74074, and C. R. Walbert, 2821 First National Bldg., Okla in Docket No. RI65-111. homa City, Okla., 73102. On March 20,1961, Pan American filed CI65-1285-- A. J. Curtis, et al., c/o W. J. Kansas-Nebraska Natural Gas Co., 15.0 14.65 in Docket No. G-7500 an application to A 6-9-65 Fellers, eighth Floor, Amarillo Inc:, Dombey Field, Texas Coun Bldg., Amarillo, Tex. ty, Okla. gether with related rate schedule sup CI65-1286--.— - Rincon Oil & Gas Corp., 1126 El Paso Natural Gas Co., Dakota 13.0 15.025 plements, to amend the order issuing a A 6-9-65 Mercantile Securities Bldg., Field, Rio Arriba County, N. Mex. Dallas, Tex., 75201. certificate of public convenience and CI65-1287— W. A. Box & Claude L. Box, Transwestern Pipeline Co., Acreage (ft) necessity in said docket to reflect the B 6-7-65 , d.b.a. W. A. Box & Son in Lipscomb County, Tex. equipment Co.,141701 Hamp conveyance to Williams of an undivided ton Dr., Wichita Falls, Tex. one-half interest in the S ^ S W V i, the C165-1288...... *- The Jupiter Corp., 510 Texas Texas Eastern Transmission Coni., Depleted acquisition from Wililams of an undi B 6-9-65 National Bank Bldg., Hous West Weesatche Field, Goliad ton, Tex. County, Tex. vided one-half interest in the N ^ S W ^ , 065-1289...—-- J. C. Trahan, Drilling Contrac United Gas Pipe Line Co., Ansley Depleted and the deletion of the acquired interest \ B 6-7-65 tor, Inc. (Operator), et al., Field, Hancock County, Miss. 2625 Line Ave., Shreveport, from Williams’s contract and the addi La. tion thereof to Pan American’s contract. 065-1290...... The Tarpon Oil Corp., 2625 ____do...... (ft) B 6-7-65 Line Ave., Shreveport, La. Sales from the acquired acreage have 065-1291------J. C. Trahan, Drilling Contrac The Tarpon Oil Corp., Ansley Field, Depleted heretofore been authorized in Docket No. B 6-7-65 tor, Inc. (Operator), et al., Hancock County, Miss. 2625 Line Ave., Shreveport, CI63-202. The predecessors’ presently La. effective rate is 11.0 cents per Mcf at 14.65 p.s.i.a. • Lewis A Lease. Protests or petitions to intervene may * juewis x> j-rtjiKse. be filed with the Federal Power Com » Effective rates subject to refund in Docket No. G-20438. * Consolidated with G-13221, et al. mission, Washington, D.C., 20426, in ac » Includes 1.50 cents per Mcf tax reimbursement. cordance with the rules of practice and • Rate in effect subject to refund in Docket No. RI62-358. 7 Adds acreage acquired from Shell Oil Co., Docket No. CI61-524. procedure (18 CFR 1.8 or 1.10) on or ' jTicindftg 1.0 cent adjustment for B.t.u. content and 1.045 cents tax reimbursement. before July 15, 1965. • Includes 0.49 cent per Mcf tax reimbursement. ft Contract has expired. Applicant has contracted with another purchaser. Take further notice that, pursuant to io. Includes 0.0075 cent estimated B.t.u. adjustment and 0.0025 cent per Mcf dehydration adjustment, the authority contained in and subject to n Above base of Wolfcampion. the jurisdiction conferred upon the Fed ft Below base of Wolfcampion. « Certificated under Docket No. G-19795—E. W. Mudge, Jr., et al. eral Power Commission by sections 7 and 14 Successor in interest to Armour Properties, 15 of the Natural Gas Act and the Com i* Operation of lease has resulted in a monthly loss, ft Producing properties assigned to purchaser. mission’s rules of practice and procedure, a hearing will be held without further [F.R. Doc. 65-6566; Filed, June 23,1965; 8:45 a.m.] notice before the Commission on all ap plications in which no protest or petition [Docket No. G—6080 etc.] On November 16, 1964, Sharpies filed to intervene is filed within the time re in.Docket No. G-6080 an application, to quired herein, if the Commission on its SHARPLES AND CO. PROPERTIES gether with related rate schedule sup own review of the matter believes that a ET AL. plements, to amend the order issuing a grant of the certificate or certificate amendments is required by the public Notice of Applications certificate of public convenience and necessity 4n said docket to reflect the convenience and necessity. Where a J u n e 17, 1965. conveyance to Williams of an undivided protest or petition for leave to intervene Sharpies and Co. Properties (Opera one-half interest in the N ^ N W ^ and is timely filed, or where the Commission tor) et al. (successor to Williams Broth the addition of ah undivided one-half on its own motion believes that a formal ers Co.), Docket No. G-6080; Pan Amer interest in the SVkNW1/^ acquired from hearing is required, further notice of ican Petroleum Corp. (successor to Williams. Sales from the acquired acre such hearing will be duly given. Under the procedure herein provided Williams Brothers Co.), Docket No. G - age have heretofore been authorized in 7500; Williams Brothers Co. (successor Docket No. CI63-202. The predecessor’s for, unless otherwise advised, it will be to Sharpies and Co. Properties (Opera presently effective rate is 11.0 cents per unnecessary for Applicants to appear or tor) et al.), Docket No. CI63-202; Mcf at 14.65 p.s.i.a. be represented at the hearing. Williams Brothers Co. (successor to Pan On August 17, 1964, Williams filed in ’ . J o s e p h H . G u t r id e , American Petroleum Corp.), Docket No. Docket No. CI63-202 an application to Secretary. CI65-135. gether with related rate schedule supple [F.R. Doc. 65-6626; Filed, June 23, 1965; Take notice that Applicants herein ments, to amend the order issuing a 8:46 a.m.j have filed applications pursuant to sec certificate of public convenience and tion 7(c) of the Natural Gas Act for necessity in said docket to reflect the [Docket No. E-7227] conveyance to Sharpies of an undivided authorization to sell natural gas from CAROLINA POWER & LIGHT CO. AND various portions of the WVfe, section 48, one-half interest in the SV2NWÌ4 and township 5 South, T'& P Railway Survey, the addition of an undivided one-half SOUTH CAROLINA ELECTRIC & GAS block 37, Reagan County, Tex., from the interest in the N ^ N W V i acquired from c o - surface to the base of the Lower Spra- Sharpies. Sales from the acquired acre Notice of ApplicationW&B berry Formation which properties have age have heretofore been authorized in been acquired by Applicants as a result Docket No. G-6080. The predecessor’s Ju n e 17,1965. of a cross-assignment between the presently effective rate is 10.0 cents per Take notice that on June 10, 1965, a Sharpies Oil Corp. (succeeded to by Mcf at 14.65 p.s.i.a. joint application was filed with the Fed Sharpies and Co. Properties) and Hud On July 20, 1964, Williams filed in eral Power Commission by Carolina son Oil & Metals Co. (succeeded to first Docket No. CI65-135 an application, to Power & Light Co., (Carolina Power) by W. H. Hudson Co. and then by W il- gether with a related rate schedule and and South Carolina Electric & Gas Co. hams Brothers Co.) and between Hudson supplements, for a certificate of public (South Carolina Electric), seeking an Ou & Metals Co. and Pan American convenience and necessity to reflect the order, pursuant to section 203 of the Petroleum Corp. All sales are to El conveyance to Pan American of, an un Federal Power Act authorizing the sale Paso Natural Gas Co. Details of the divided one-half interest in the NV^SW1/^ by Carolina Power of certain of its elec subject applications are more fully set and the acquisition from Pan American trical transmission facilities to South lorth in the applications which are on of an undivided one-half interest in the Carolina Electric. uie with the Commission and open S 1/2 SW lA . Sales from the acquired acre Carolina Power is incorporated under 10 Public inspection. age have heretofore been authorized in the laws of the State of North Carolina No. 121----- 5 8122 NOTICES with its principal business office at Ra tection, all hardware and support wires Any person desiring to be heard or to leigh, N.C., and is engaged in the gener attached to the structures, together will make any protest with reference to said ation, transmission, distribution, and all right-of-way easements owned by the application should on or before July 7, sale to the public of electricity as a pubr company and upon which said line is 1965, file with the Federal Power Com lie utility in various parts of the States located. According to the application, mission, Washington, D.C., 20426, peti of North Carolina and South Carolina. the consideration for the proposed trans tions or protests in accordance with the Its service territory presently embraces fer will be $331,000. requirements of the Commission’s rules all or part of 49 counties in North Caro The above-described facilities consti of practice and procedure (18 CFR 1.8 lina and 13 counties in South Carolina. tute a 115 kv transmission line. They or 1.10). The application is on file and South Carolina Electric is incorpo have been and are being used for the available for public inspection. rated under the laws of the State of interchange of electricity between the South Carolina with its principal busi systems of Carolina Power and South J o s e ph H . G utride, ness office at Columbia, S.C., and renders Carolina Electric. According to the ap Secretary. electric Service to the public in the cen plication, after the proposed sale, the [F.R. Doc. 65-6623; Filed, June 23, 1965; tral, southeastern, and southwestern proposed use of the facilities will be 8:46 a.m.] sections of North Carolina comprising generally the same as the present use about 40 percent of the geographical thereof and for the transmission of elec area of the State including parts or all tricity by South Carolina Electric with [Docket No. RI65—633 etc.] of 24 counties in South Carolina. It also in its own system. The application HANLEY CO. ET AL. renders natural gas service to the public states that the above-described facili in the cities of Charleston and Co ties lie wholly within the service terri Order Accepting Rate Filing, Provid lumbia and their environs. tory of South Carolina Electric and it is ing for Hearings on and Suspension Carolina Power proposes to transfer anticipated that when they are inte of Proposed Changes in Rates 1 to South Carolina Electric the following grated with South Carolina Electric’s described facilities: 39 miles of trans other facilities, they can be maintained Ju n e 16, 1965. mission line facilities extending from and operated more efficiently and effec Hanley Co. et al. (and other Respond the switchyard structure of South Caro tively for the transmission of electricity ent listed herein), Docket No. RI65-633, lina Electric's Saluda hydroelectric plant within South Carolina Electric’s own et al. to the midpoint of the line span cross system and for the interchange of elec The above-named Respondents have tricity between the systems of South ing the Wateree River, including all tendered for filing proposed changes in Carolina Electric and Carolina Power. wood poles and two steel towers, 35% presently effective rate schedules for According to the application, the sale sales of natural gas subject to the juris miles of 397,500 CM, 27/6 ACSR conduc of the facilities to South Carolina Elec diction of the Commission. The pro tor, 3% miles of 4/0, 12-strand copper tric will relieve Carolina Power of sub posed changes, which constitute in conductor, 39 miles of two % »" S.M. stantial annual. expenses in the opera creased rates and charges, are designated overhead ground wires for lightning pro tion and maintenance thereof. as follows: A ppendix A Effective Cents per Mcf Rate in Rate Sup Amount Date date Date sus effect sub Docket Respondent sched ple Purchaser and producing area of annual filing unless pended ject to No. ule ment increase tendered sus until— Rate in Proposed refund in No. No. pended effect increased docket rate Nos. RI65-633__ Hanley Co., et al., 35 24 El Paso Natural Gas Co. (Spraberry $2,191 5-19-65 «6-19-65 Accepted 11.0 <«16.216 400 Davis Bldg., Area, Reagan County, Tex.). Dallas, Tex., 75202, Attention: Mr. 35 5 (R.R. District No. 7-c) (Permian 5-19-65 «6-19-65 11-19-65 E. R. Barry. Basin Area). RI65-634... Graham-Michaelis 35 3 Northern Natural Gas Co. (Hans 1,725 5-21-65 «6-25-65 11-25-65 * 16.5 * « 117.5 Drilling Co., 211 ford Morrow Field, Hansford North Broadway, County, Tex.) (R.R. District No. Wichita, Kans„ 10). 67202. 2 Agreement dated Oct. 20, 1964, which provides for instant rate and 1.0 cent per 4 Renegotiated rate increase. Mcf increase for 3-year period following Aug. 1, 1966, and each succeeding 5-year 3 Pressure base is 14.65 p.s.i.a. period commencing Aug. 1,1969; deletes indefinite pricing provisions; revises effective 6 Periodic rate increase. date of tax reimbursement increases from date of contract to Jan. 1, 1950; adds pro rSubject to a downward B.t.u. adjustment. visions covering operations of properties under unitization agreement. 3 The stated effective date is the first day after expiration of the required statutory 3 The stated effective date is the effective date proposed by respondent. notice. Hanley Co. et al. (Hanley), tendered The proposed changed rates and accepted for filing and permitted to be for filing an Agreement dated October 20, charges may be unjust, unreasonable, come effective as of June 19, 1965. 1964, as part of their renegotiated rate unduly discriminatory, or preferential, (B ) Pursuant to the authority of the increase suspended herein. The Agree or otherwise unlawful. Natural Gas Act, particularly sections 4 ment provides for the instant increased The Commission finds : and 15 thereof, the Commission’s rules rate and 1.0 cent per Mcf increase for (1) Good cause has been shown that of practice and procedure, and the Reg 3-year period following August 1, 1966, the Agreement dated October 20, 1964, ulations under the Natural Gas Act (18 and each succeeding 5-year period com designated as Supplement No. 4 to Han CFR Ch. I ) , public hearings shall be held mencing August 1,1969; deletes indefinite ley’s FPC Gas Rate Schedule No. 35, upon dates to be fixed by notices from pricing provisions; revises effective date should be accepted for filing and per the Secretary concerning the lawfulness of tax reimbursement increases from mitted to become effective as of June 19, of the proposed increased rates and date of contract to January 1,1950; adds 1965, the date of expiration of the re charges contained in the above-desig provisions covering operations of prop quired statutory notice. nated Supplements. erties under unitization agreement. (2) It is necessary and proper in the (C ) Pending hearings and decisions Said Agreement has been designated as public interest and to aid in the enforce thereon, the above-designated rate sup Supplement No. 4 to Hanley’s FPC Gas ment of the provision of the Natural plements are hereby suspended and the Rate Schedule No. 35 and should be ac Gas Act that the Commission enter upon use thereof deferred until the date indi cepted for filing as hereinafter ordered. hearings concerning the lawfulness of cated in the above “Date Suspended Hanley and Graham-Michelis Drilling thé proposed changes, and that the Until” column, and thereafter until such Co.’s proposed increased rates and above-designated supplements be sus further time as they are made effective charges exceed the applicable area price pended and the use thereof deferred as in the manner prescribed by the Natural levels for increased rates as set forth irr hereinafter ordered. Gas Act. the Commission’s Statement of General The Commission orders: Policy No. 61-1, as amended (18 CFR (A ) Supplement No. 4 to Hanley’s 1 Does not consolidate for hearing o r dis Ch. I, Part 2, § 2.56). FPC Gas Rate Schedule No. 35 is hereby pose of the matters herein. Thursday, J u n e 24, 1965 FEDERAL REGISTER 8123 (D) Neither the supplements hereby mission’s general rules of practice (49 Emmons, Logan, and McIntosh Counties, suspended, nor the rate schedules sought CFR 1.247), published in the F ederal N. Dak., and rejected shipments of the to be altered thereby, shall be changed R egister, issue of December 3, 1963, ef commodities specified above on return. until these proceedings have been dis fective January 1, 1964. These rules N o t e : If a hearing is deemed necessary, posed of or until the periods of suspen provide, among other things, that a pro applicant requests it be held at Pierre, sion have expired, unless otherwise test to the granting of an application S D&k ordered by the Commission. must be filed with the Commission with No. MC 1641 (Sub-No. 65), filed May 27, (E) Notices of intervention or peti in 30 days after date of notice of filing 1965. Applicant: PEAKE TRANSPORT tions to intervene may be filed with the of the application is published in the SERVICE, INC., Box 366, Chester, Nebr. Federal Power Commission, Washington, F ederal R e g ister . Failure seasonably Authority sought to operate as a common D.C., 20426, in accordance with the rules to file a protest will be construed as a carrier, by motor vehicle, over irregular of practice and procedure (18 CFR 1.8 waiver of opposition and participation routes, transporting: Anhydrous am and 1.37 (f) ) on or before August 16, in the proceeding. A protest under these monia, amonia nitrate, urea, nitric acid, 1965. rules should comply with § 1.40 of the sulphuric acid, and fertilizer solutions, general rules of practice which requires liquid, in bulk, in tank vehicles, from the By the Commission. that it set forth specifically the grounds plant site of the American Cyanamid Co. [ seal] J o s e ph H . G tjtride, upon which it is made and specify with at South River, Mo. (located near Secretary. particularity the facts, matters, and Palmyra), in Marion County, Mo., to [F.R. Doc. 65-6568; Piled, June 23, 1965; things relied upon, but shall not include points in Arkansas, Illinois, Indiana, 8:45 a.m.} issues or allegations phrased generally. Iowa, Kansas, Kentucky, Michigan, Protests not in reasonable compliance Minnesota, Missouri, Nebraska, North with the requirements of the rules may Dakota, Ohio, Oklahoma, South Dakota, [Docket No. RP 64-9 etc.] be rejected. The original and six (6) Tennessee, Texas, and Wisconsin. N o t e : CITIES SERVICE GAS CO. ET AL. copies of the protest shall be filed with If a hearing is deemed necessary, appli the Commission, and a copy shall be cant requests it be held at St. Louis, Mo. Notice of Further Extension of Time served concurrently upon applicant’s No. MC 1936 (Sub-No. 21), filed J u n e 17, 1965. representative, or applicant if no repre June 2,1965. Applicant: B & P M OTOR sentative is named If the protest in EXPRESS, INC., 51st Street and Cities Service Gas Co., Docket No. cludes a request for oral hearing, such A.V.R.R., Pittsburgh, Pa. Applicant’s RP64-9; Columbian Fuel Corp., Docket request shall meet the requirements of attorney: John A. Vuono, 1515 Park Nos. RI6I-316, RI61-518, RI62-49; § 1.247(d) (4) of the special rule. Sub Building, Pittsburgh, Pa., 15222. Au Cities Service Oil Co., Docket Nos. RI63- sequent assignment of these proceedings thority sought to operate as a common 485, RI65-269. for oral hearing, if any, will be by Com carrier, by motor vehicle, over regular Upon consideration of the status of mission order which will be served on routes, transporting: General commodi the above-designated matters and the each party of record. ties (except those of unusual value, extension heretofore granted by notice The publications hereinafter set forth issued May 25, 1965, extending the time Classes A and B explosives, livestock, reflect the scope of the applications as commodities in bulk, and those requir within which to file testimony and ex filed by applicants, and may include de hibits; ing special equipment), between Fort scriptions, restrictions, or limitations Wayne, Ind., and Toledo, Ohio, over U.S. Notice is hereby given that a further which are not in a form acceptable to the extension of time is granted to and Highway 24, serving no intermediate Commission. Authority which ulti points as an alternate route for operating including July 19, 1965, within which mately may be granted as a result of the staff counsel shall serve its testimony convenience only in connection with car applications here noticed will not neces and exhibits on all parties; and to and rier’s authorized regular route opera sarily reflect the phraseology set forth in tions, N o t e : If a hearing is deemed including August 2, 1965, within which the application as filed, but also will intervenors proposing to present evi necessary, applicant requests it be eliminate any restrictions which are not held at Washington, D.C. dence on the affiliated purchased gas acceptable to the Commission. cost issue shall serve their testimony No. MC 2392 (Sub-No. 40), filed No. MC 409 (Sub-No. 22), filed June 1, May 27, 1965. Applicant: WHEELER and exhibits upon all parties. 1965. Applicant: O. E. POULSON, INC., Further, notice is hereby given that TRANSPORT SERVICE, INC., Box 432, Elm Creek, Nebr. Applicant’s attorney: Genoa, Nebr. Applicant’s attorney: the prehearing conference presently J. Max Harding, Box 2028, Lincoln, Nebr., scheduled to commence on July 13, 1965, Leonard A. Jaskiewicz, 1155 15th Street, 68501. Authority sought to operate as a 600 Madison Building, Washington, D.C. is postponed to August 12, 1965, at 10 commoji carrier, by motor vehicle, over a.m., in a hearing room of the Fed Authority sought to operate as a common irregular routes, transporting: Com eral Power Commission, 441 G Street carrier, by motor vehicle, over irregular modities in bulk, and damaged or reject N.W., Washington, D.C. routes, transporting: Anhydrous ammo ed shipments of the above specified com nia, ammonium nitrate, urea, nitric By direction of the Commission. modities, between points in Nebraska. add, sulphuric acid, and fertilizer solu N o t e : Applicant states the above pro tions, liquid, in bulk, in tank vehicles, J o s e ph H . G u t r id e , posed operation will be restricted against Secretary. from the plant site of the American Cyan the movement of petroleum products in amid Co. at South River, Mo. (located [F.R. Doc. 65-6624; Piled, June 23, 1965; bulk; against the movement of fertilizer 8:46 a.m.] near Palmyra) in Marion County, Mo., or fertilizer mixtures from LaPlatte, to points in Arkansas, Illinois, Indiana, Nebr.; and against the movement of in Iowa, Kansas, Kentucky, Michigan, Min edible animal fats and blends thereof, nesota, Missouri, Nebraska, North Dako INTERSTATE COMMERCE from points in Nebraska to Omaha and ta, Ohio, Oklahoma, South Dakota, Nebraska City, Nebr. If a hearing is Tennessee, Texas, and Wisconsin, and COMMISSION deemed necessary, applicant requests it damaged and rejected shipments of be held at Omaha, Nebr. the commodities specified above, on re [Notice 784] No. MC 1150 (Sub-No. 28), filed May 27, turn. N ote : If a hearing is deemed nec 1965. Applicant: HEEREN TRUCKING MOTOR CARRIER, BROKER, WATER essary, applicant requests it be held at COMPANY, INC., 114 Second Avenue, CARRIER, AND FREIGHT FOR East, Lemmon, S. Dak. Applicant’s at St. Louis, Mo. WARDER APPLICATIONS torney: Ronald R. Johnson (same ad No. MC 2840 (Sub-No. 2), filed May dress as applicant). Authority sought to 27, 1965. Applicant: L. E. BAGLEY J u n e 18,1965. operate as a common carrier, by motor CO., INC., 600 Willow Street, Manches The following applications are gov vehicle, over irregular routes, transport ter, N.H. Authority sought to operate erned by Special Rule 1.2471 of the Com- ing: Petroleum and petroleum products, as a common carrier, by motor vehi in bulk, in tank vehicles, from Aberdeen, cle, over irregular routes, transporting: ohtC° ples of s Pecial Rule 1.247 can be statrT ^ writing to the Secretary, Inter S. Dak., and points within fifteen (15) Household goods, as defined in Practices im ^ 20423merCe Commission> Washington, miles thereof, to points in Slope, Bow of Motor Common Carriers of Household man, Hettinger, Adams, Grant, Sioux, Goods, 17 M.C.C. 467, between points in 8124 NOTICES New Hampshire. N o t e : If a hearing is FREIGHT LINES, INC., 1400 Kansas Fredonia, Wis., to Sumner, Iowa. Note: deemed necessary, applicant requests it Avenue, Kansas City, Kans. Authority If a hearing is deemed necessary, applil be held at Concord, N.H. sought to operate as a common carrier, cant requests it be held at Des Moines No. MC 10761 (Sub-No. 175), filed by motor vehicle, over irregular routes, Iowa. June 1,1065. Applicant: TRANSAMER- transporting: Meats, meat products, No. MC 31600 (Sub-No. 591), filed ICAN FREIGHT LINES, INC., 1700 meat byproducts and articles distributed May 27,1965. Applicant: P. B. MUTRIE North Waterman Avenue, Detroit 9, by meat packinghouses, as described in MOTOR TRANSPORTATION, INC, Mich. Applicant’s attorney: Howell sections A and C, of appendix I, to the Calvary Street, Waltham, Mass. Au Ellis, Suite 616-618 Fidelity Building, report in Descriptions in Motor Carrier thority sought to operate as a common 111 Monument Circle, Indianapolis 4, Certificates, 61 M.C.C. 209 and 766 (ex carrier, by motor vehicle, over irregular Ind. Authority sought to operate as a cept hides and commodities in bulk, in routes, transporting: Dry plastic ma common carrier, by motor vehicle, over tank vehicles), from Lexington, Nebr. terials, in bulk, in tank or hopper type regular routes, transporting^ Conduit, and points within five (5) miles thereof, vehicles, from Freetown, Mass., to points pipe and tubing, serving Sherman, Tex., Minden, Nebr., and points within five in Rhode Island. N o t e : If a hearing is as an off-route point in connection with (5) miles thereof, and Darr, Nebr., and deemed necessary, applicant requests it applicant’s regular route operation be points wtihin five (5) miles thereof, to be held at Washington, D.C. tween Dallas, Tex., and Oklahoma City, points in Arkansas, Illinois, Iowa, No. MC 42261 (Sub-No. 91), filed Okla. N ote : If a hearing is deemed nec Kansas, Missouri, Oklahoma, and the June 1, 1965. Applicant: LANGER essary, applicant requests it be held at Indiana portion of the Chicago com TRANSPORT CORP., Route 1 and Foot Dallas, Tex. mercial zone,, and Memphis, Tenn. of Danforth Avenue, Jersey City, N.J. No. MC 11207 (Sub-No. 233), filed N o t e : The purpose of this republication Applicant’s attorney: Samuel B. Zinder, May 28, 1965. Applicant: DEATON is to add the origin points of Darr, 140 Cedar Street, New York 6, N.Y. Au TRUCK LINE, INC., 3409 10th Avenue, Nebr., and points within five (5) miles thority sought to operate as a common North, Birmingham, Ala. Applicant’s thereof. If a hearing is deemed neces carrier, by motor vehicle, over irregular attorney: A. Alvis Layne, Pennsylvania sary, applicant requests it be held at routes, transporting: Chemicals, dry, in Building, Washington, D.C., 20004. Au Omaha, Nebr. bulk, in tank and hopper type vehicles, thority sought to operate as a common No. MC 29566 (Sub-No. 105), filed between Passaic, N.J., and points in carrier, by motor vehicle, over irregular June 1, 1965. Applicant: SOUTHW EST Mason County, W. Va. N o t e : If a hear routes, transporting: General commodi FREIGHT LINES, INC., 1400 Kansas ing is deemed necessary, applicant re ties (except those of unusual value, Avenue, Kansas City, Kans. Authority quests it be held at Washington, D.C. Classes A and B explosives, livestock, sought to operate as a common car No. MC 45656 (Sub-No. 10), filed household goods as defined by the Com rier, by motor vehicle, over irregular June 1, 1965. Applicant: ANDERSON mission, commodities in bulk, and those routes, transporting: Ammonium ni TRUCK LINE, INC., 115 Powell Avenue, requiring special equipment), (1) be trate, urea, fertilizer, fertilizer ma Lenoir, N.C. Applicant’s attorney: tween Atlanta, Ga., on the one hand, terials, and fertilizer ingredients, other Vaughan S. Winborne, Capital Club and, on the other, Monroe and Shreve than liquid, from the plantsite of the Building, Raleigh, N.C. Authority sought port, La., Dallas and Fort Worth, Tex., American Cyanamid Co., at South River, to operate as a common carrier, by motor and points within ten (10) miles of Dal Mo. (located near Palmyra), in Marion vehicle, over irregular routes, transport las and Fort Worth, Tex., and (2) be County, Mo., to points in Arkansas, Il ing: Veneers and other wood products, tween New Orleans, La., on the one hand, linois, Iowa, Kansas, Missouri, Nebraska, said commodities to be used in the manu and, on the other, Baton Rouge, La,, and Oklahoma. N o t e : If a hearing is facturing of furniture, from points in Orange, Beaumont, Texas City, and deemed necessary, applicant requests it Georgia to Lenoir, N.C., and those points Houston, Tex., and points within ten be held at St. Louis, Mo. in North Carolina within 50 miles of (10) miles of Houston (no local service No. MC 29886 (Sub-No. 206), filed Lenoir, N.C. N o t e : If a hearing is between New Orleans and the points June 1, 1965. Applicant: DALLAS & deemed necessary, applicant requests it named is sought). N o t e : Applicant MAVIS FORWARDING CO., INC., be held at Charlotte, N.C. states it proposes to tack the authority 4000 West Sample Street, South Bend, No. MC 45656 (Sub-No. 11), filed sought with the authority presently held Ind. Applicant’s attorney: Charles June 1, 1965. Applicant: ANDERSON by it in Docket No. MC 11207 (Sub-Nos. Pieroni (same address as applicant). TRUCK LINE, INC., 115 Powell Avenue, 47, 182 and 203), authorizing operations Authority sought to operate as a com Lenoir, N.C. Applicant’s attorney: in the States of Alabama, Louisiana, mon carrier, by motor vehicle, over ir Vaughan S. Winborne, Capital Club Mississippi, Georgia, and Florida. If a regular routes, transporting: (1) Truck Building, Raleigh, N.C. Authority sought hearing is deemed necessary, applicant bodies, cabs, hoists, liftgates, trailers, to operate as a common carrier, by motor requests it be held at Atlanta, Ga., Dal mixers, spreaders, and containers (ex vehicle, over irregular routes, transport las, Tex., or Washington, D.C. cept containers having a capacity of 5 ing: New furniture, (1) from Conover, No. MC 18088 (Sub-No. 37), filed June gallons or less or having a capacity of N.C., and points within 2 miles thereof, 4, 1965. Applicant: FLOYD & BEASLEY 9 cubic feet or less), moving in mixed, and points in Caldwell County, N.C., to TRANSFER COMPANY", INC., Post Of solid loads, and (2) materials, supplies points in Virginia, Georgia, and Mary fice Drawer 8, Sycamore, Ala. Appli and parts used in the manufacture, as land, and (2 ) from Marion, N.C. to points cant’s attorney: John W. Cooper, 805 sembly or servicing of the above de in that part of Georgia on and south of Title Building, Birmingham, Ala., 35203. scribed commodities when moving in U.S. Highway 280. N o t e : Applicant Authority sought to operate as a com mixed loads with any of such commodi states any duplicating authority in (1) mon carrier, by motor vehicle, over irreg ties, from Galion, Bucyrus, Cardington, above will be canceled and in (2) it holds ular routes, transporting: Textile prod and Lima, Ohio, to points in the United authority from Marion to the north part ucts and materials and supplies used or States. N o t e : Applicant states that it of Georgia. If a hearing is deemed consumed in the production thereof and presently holds authority to perform a necessary, applicant requests it be held textile machinery and parts, between part of the above service under its Cer at Charlotte, N.C. points in Alabama, on the one hand, and, tificate No. MO 29886 (Sub-No. 180), No. MC 50069 (Sub-No. 324), filed on the other, points in Georgia, Tennes but no duplicating authority is sought June 1, 1965. Applicant: REFINERS see, Alabama, and South Carolina. herein. If a hearing is deemed necesT TRANSPORT AND TERMINAL COR N ote : Applicant states no duplication of sary, applicant requests it be held at PORATION, 111 West Jackson Boule authority is sought. If a hearing is Washington, D.C., or Cleveland, Ohio. vard, Chicago 4, 111. Authority sought to deemed necessary, applicant requests it No. MC 30844 (Sub-No. 183), filed May operate as a common carrier, by motor be held at Atlanta, Ga., Birmingham, 27, 1965. Applicant: KROBLIN RE vehicle, over irregular routes, transport Ala., and Montgomery, Ala. FRIGERATED XPRESS, INC., Post ing: Anhydrous ammonia, ammonium No. MC 29566 (Sub-No. 99) (AMEND Office Box 218, Sumner, Iowa. Authority nitrate, urea, nitric acid, sulphuric acid, M ENT) , filed March 1, 1965, published sought to operate as a common carrier, and fertilizer solutions, in bulk, in tank in F ederal R eg ister issue, March 25, by motor vehicle, over irregular routes, vehicles, from the plantsite of the 1965, and republished as amended transporting: Sodium linear alkylate American Cyanamid Co. at or near South this issue. Applicant: SOUTHW EST sulfonate, in bags and drums, from River, Mo., to points in Arkansas, Illinois, Thursd ay, June 24, 1965 FEDERAL REGISTER 8125 Indiana, Iowa, Kansas, Kentucky, Michi blends thereof, in bulk, in tank vehicles, sylvania, Indiana, Illinois, and the gan, Missouri, Minnesota, Nebraska, from Cullman, Ala., to points in Georgia. District of Columbia. N o t e : If a hear North Dakota, Ohio, Oklahoma, South N o t e : If a hearing is deemed necessary ing is deemed necessary, applicant re Dakota, Tennessee, Texas, and Wiscon applicant requests it be held at Atlanta, quests it be held at Burlington, Vt. sin. N o t e : If a hearing is deemed nec Ga., or Washington, D.C. No; MC 76177 (Sub-No. 302), filed essary, applicant requests it be held at No. MC 61788 (Sub-No. 22), filed June June 1, 1965. Applicant: BAG G ETT St. Louis, Mo. 1, 1965. Applicant: GEORGIA FLORI TRANSPORTATION COMPANY, a cor No. MC 52709 (Sub-No. 266), filed DA ALABAMA TRANSPORTATION poration, 2 South 32d Street, Birming June 2, 1965. Applicant: R ING SBY COMPANY, a corporation, Post Office ham, Ala. Applicant’s attorney: Alan E. TRUCK LINES, INC., 3201 Ringsby Box 1327, Dothan, Ala. Authority Serby, Suite 1600 First Federal Building, Court, Denver, Colo., 80216. Authority sought to operate as a common carrier, Atlanta, Ga. Authority sought to oper sought to operate as a common carrier, by motor vehicle, over regular routes, ate as a common carrier, by motor ve by motor vehicle, over regular routes, transporting: General commodities (ex hicle, over regular routes, transporting: transporting: General commodities (ex cept Classes A and B explosives, livestock, General commodities (except those o f cept those of unusual value, Classes A household goods as defined by the Com unusual value, Classes A and B explo and B explosives, household goods as de mission, commodities of unusual value, sives, livestock, household goods as fined by the Commission, commodities in commodities in bulk, commodities re defined by the Commission, commodities bulk, and those requiring special equip quiring special equipment and those in in bulk, and those requiring special ment), between Laramie, Wyo., and jurious or contaminating to other equipment), serving points in Russell Craig, Colo. From Laramie over Wyo lading), serving points in Russell County, County, Ala., as off-route points in con ming Highway 230 to the Wyoming-Colo- Ala., as off-route points in connection nection with applicant’s authorized rado State line, thence over Colorado with applicant’s regular route operations regular route authority. N o t e : I f a Highway 127 to junction Colorado High between Dothan, Ala., and Columbus, hearing is deemed necessary, applicant way 125, thence over Colorado Highway Ga. N o te : If a hearing is deemed neces requests it be held at Columbus, Ga. 125 to junction Colorado Highway 14 at sary, applicant requests it to be held at No. MC 78632 (Sub-No. 122), filed June or near Walden, Colo., thence over Colo Columbus, Ga. 4, 1965. Applicant: HOOVER MOTOR rado Highway 14 to junction U.S. High No. MC 63101 (Sub-No. 5), filed June EXPRESS COMPANY, INC., Post Office way 40, thence over U.S. Highway 40 to 1, 1965. Applicant: KEENE’S TRANS Box 2408, Jacksonville, Fla. Applicant’s Craig, and return over the same route, FER, INC., Post Office Box 87, Tomah, attorney: Jack Goodman, 39 South La serving no intermediate points, but serv Wis. Applicant’s attorney: John T. Salle Street, Chicago, 111. Authority ing Laramie, Wyo., for purpose of joinder Porter, 708 First National Bank Building, sought to operate as a common carrier, only. N ote : If a hearing is deemed nec Madison, Wis., 53703. Authority sought by motor vehicle, over regular routes, essary, applicant requests it be held at to operate as a common carrier, by motor transporting: General commodities (ex Denver, Colo. vehicle, over irregular routes, transport cept those of unusual value, Classes A No. MC 61396 (Sub-No. 136), filed ing: Malt beverages, from La Crosse and and B explosives, household goods as May 27, 1965. Applicant: HERMAN Sheboygan, Wis., to South Beloit, 111. defined by the Commission, commodities BROS. INC., 2501 North 11th Street, N o t e : If a hearing is deemed necessary, in bulk, commodities requiring special Omaha, Nebr. Applicant’s attorney: applicant requests it be held at Madison, equipment, and those injurious or con Leonard Jaskiewicz, 600 Madison Build Wis. taminating to other lading), serving East ing, 1155 15th Street N W , Washington, No. MC 64994 (Sub-No. 65), filed May Troy, Wis., as an off-route point in con D.C. Authority sought to operate as a 25,1965. Applicant: HENNIS FREIGHT nection with applicant’s presently au common carrier, by motor vehicle, over LINES, INC., Post Office Box 612, Win thorized regular route operations be irregular routes, transporting: Anhy ston-Salem, N.C., 27102. Applicant’s tween Chicago, 111., and Milwaukee, Wis. drous ammonia, ammonium nitrate, representative: Frank C. Philips (same N ote: If a hearing is deemed necessary, urea, nitric acid, sulphuric acid, and address as applicant’s ). Authority applicant requests it be held at Chicago, fertilizer solutions, liquid, in bulk, in sought to operate as a common carrier, 111., or Milwaukee, Wis. tank vehicles, from the plantsite of by motor vehicle, over irregular routes, No. MC 85934 (Sub-No. 35), filed American Cyanamid Co., at South River, transporting: Steel billits, on flatbed June 1, 1965. Applicant: M ICHIGAN Mo. (located near Palmyra,), in Marion trailers, from Steelton, Ky„ to West Al TRANSPORTATION COMPANY, a cor County, Mo., to points in Arkansas, Il lis, Wis., and refused and rejected ship poration, 3601 Wyoming Avenue, Dear linois, Indiana, Iowa, Kansas, Kentucky, ments, on return. N o t e : If a hearing is born, Mich. Applicant’s attorney: Rex Michigan, Missouri, Minnesota, Ne deemed necessary, applicant requests it Eames, 1600 Buhl Building, Detroit, braska, North Dakota, Ohio, Oklahoma, be held at Washington, D.C. Mich. Authority sought to operate as a South Dakota, Tennessee, Texas, and No. MC 71096 (Sub-NO. 53) (CORREC common carrier, by motor vehicle, over Wisconsin. N ote : If a hearing is deemed T IO N ), filed May 10, 1965, published irregular routes, transporting: Lime and necessary, applicant requests it be held F ederal R egister issue June 3,1965, and limestone products, from River Rouge, at St. Louis, Mo. republished as corrected this issue. Ap Mich., to point-: in Illinois, Indiana, Iowa, No. MC 61403 (Sub-No. 128), filed plicant: NO RW ALK TRUCK LINES, Kentucky, Ohio, Missouri, New York, May 27, 1965. Applicant: THE MASON INC., 180 Milan Avenue, Norwalk, Ohio. Pennsylvania, Wisconsin, and West AND DIXON TAN K LINES, INC., East- Applicant’s representative: Marion M. Virginia. N o t e : If a hearing is deemed man Road, Klingsport, Tenn. Applicant’s Emery, 6055 Flanders Road, Sylvania, necessary, applicant requests it be held attorney: W. C. Mitchell, 140 Cedar Ohio. The above entitled caption was at Lansing, Mich. Street, New York 6, N.Y. Authority published in error. The purpose of this No. MC 92983 (Sub-No. 471), filed sought to operate as a common carrier, republication is to correctly show the June 1, 1965. Applicant: ELDON by motor vehicle, over irregular routes, name of the company to be Norwalk MILLER, INC., Post Office Drawer 617, transporting: Methyl methacrylate Truck Lines, Inc. Kansas City, Mo., 64141. Authority monomer, in bulk, in tank vehicles, from No. MC 73656 (Sub-No. 2), filed May sought to operate as a common carrier, Pace, Fla., to points in Maryland and 27, 1965. Applicant: GERO BROS. by motor vehicle, over irregular routes, New Jersey. N ote : If a hearing is MOVERS, INC., 53 Main Street, Burling transporting: Fats and oils, including deemed necessary, applicant requests it ton, Vt. Applicant’s attorney: Robert J. blends and products thereof, in bulk, be held at Washington, D.C. Gallagher, 111 State Street, Boston, from points in Idaho and Montana, to No. MC 61403 (Sub-No. 129), filed June Mass., 02109. Authority sought to op points in Kansas and Nebraska. N o t e : J* 1965. Applicant: THE MASON AND erate as a common carrier, by motor ve If a hearing is deemed necessary, appli DIXON TANK LINES, INC., Eastman hicle, over irregular routes, transporting: cant requests it be held at Kansas City, Road, Kingsport, Tenn. Applicant’s at Uncrated new furniture, between points Mo. torney: W. C. Mitchell, 140 Cedar Street, in Vermont, on the one hand, and, on No. MC 93003 (Sub-No. 42), filed New York 6, N.Y. Authority sought to the other, points in Maine, New Hamp June 1, 1965. Applicant: CARROLL operate as a common carrier, by motor shire, Massachusetts, Rhode Island, Con TR UCK ING COMPANY, a corporation, vehicle, over irregular routes, transport- necticut, New York, New Jersey, Dela Huntington, W, Va. Authority sought lng: Corn syrup, and liquid sugar and ware, Maryland, Virginia, Ohio, Penn to operate as a common carrier, by motor 8126 NOTICES vehicle, over irregular routes, transport drawn by passenger automobiles, in Adams, Mass. Applicant’s representa ing: Iron and steel and iron and steel initial movements, from points in Hart tive: William L. Mobley, Rooms 311-315, articles, between points in Kentucky. County, Ky., to points in the United 1694 Main Street, Springfield 3, Mass! N o t e : If a hearing is deemed necessary, States (except Alaska and Hawaii), and Authority sought to operate as a common applicant requests it be held at Louis damaged and rejected shipments, on re carrier, by motor vehicle, over irregular ville, Ky. turn. N o t e : If a hearing is deemed ¡routes, transporting: Lime, limestone, No. MC 93734 (Sub-No. 6), filed June 1, necessary, applicant requests it be held and limestone products, from Adams! 1965. Applicant: DEW ITT TRANSFER at Frankfort, Ky. Mass., to points in Cheshire, Hillsboro, AND STORAGE COMPANY, a corpora No. MC 94350 (Sub-No. 71), filed Merrimack, Rockingham, Strafford, and tion, 6060 North Figueroa Street, Los June 3, 1965. Applicant: TRANSIT Sullivan Counties, N.H., those in Rutland Angeles, Calif. Applicant’s attorney: HOMES, INC., 210 West McBee Avenue, and Windsor Counties, Vt., and those in Carl H. Fritze, 1010 Wilshire Boulevard, Post Office Box 1628, Greenville, S.C. New Jersey on and north of New Jersey Los Angeles, Calif. Authority sought to Applicant’s attorney: Henry P. Willimon, Highway 33. N o t e : If a hearing is operate as a common carrier, by motor Box 1075, Greenville, S.C. Authority deemed necessary, applicant requests it vehicle, over irregular routes, transport sought to operate as a common carrier, be held at Albany, N.Y. ing: Household goods, as defined by the by motor vehicle, over irregular routes, No. MC 96339 (Sub-No. 8), filed Commission, between points in Los transporting: Trailers designed to be May 27, 1965. Applicant: ARROW Angeles, Orange, San Diego, Imperial, drawn by passenger automobiles, in MOVINGkAND STORAGE CO., INC., Post Ventura, San Bernardino, Riverside, initial movements, from points in Morgan Office Box 136, 1509 Bent Avenue, Chey Kern, Santa Barbara, Alameda, Contra County, Colo., to points in Louisiana, and enne, Wyo. Applicant’s attorney: Ward Costa, Marin, San Francisco, San Mateo, those in States west of the Mississippi A. White, Post Office Box 578, 1600 Van Santa Clara, Santa Cruz, and Solano River; namely, Arizona, Arkansas, Cali Lennen Avenue, Cheyenne, Wyo. Au Counties, Calif. N o t e : Applicant states fornia, Colorado, Idaho, Iowa, Kansas, thority sought to operate as a common it seeks no duplication of existing au Minnesota, Missouri, Montana, Nebraska, carrier, by motor vehicle, over irregular thority. If a hearing is deemed neces Nevada, New Mexico, North Dakota, routes, transporting: Telephone, tele sary, applicant requests it be held at Los Oklahoma, Oregon, South Dakota, Texas, graph and powerline equipment, mate Angeles, Calif. Utah, Washington, and Wyoming, and rials, and supplies, between Cheyenne, No. MC 94350 (Sub-No. 68), filed damaged and rejected shipments, on re Wyo., on the one hand, and, on the other, June 1, 1965. Applicant: TRANSIT turn. N o t e : If a hearing is deemed points within sixty (60) miles of Chey HOMES, INC., 210 West McBee Avenue, necessary, applicant requests it be held enne, Wyo. N ote : If a hearing is deemed Post Office Box 1075, Greenville, S.C. at Denver, Colo. necessary, applicant requests it be held Applicant’s attorney: Henry P. Willimon, No. MC 94350 (Sub-No. 72), filed at Cheyenne, Wyo. Box 1075, Greenville, S.C. Authority June 3, 1965. Applicant: TRANSIT No. MC 98088 (Sub-No. 11), filed sought to operate as a common carrier, HOMES, INC., 210 West McBee Avenue, June 1, 1965. Applicant: LINDLEY by motor vehicle, over irregular routes, Post Office Box 1628, Greenville, S.C. TR UCK ING SERVICE, INC., 1701 Grand transporting: Trailers, designed to be Applicant’s attorney: Henry P. Willimon, Avenue, Granite City, 111. Applicant’s drawn by passenger automobiles, travel Box 1075, Greenville, S.C. Authority attorney: B. W. La Tourette, Jr., Suite trailers, and campers, from points in sought to operate as a common carrier, 1230, Boatmen’s Bank Building, St. Louis, Montgomery County, Va.v to points in by motor vehicle, over irregular routes, Mo. Authority sought to operate as a Louisiana and those in the States east transporting : Portable paper halers, from common carrier, by motor vehicle, over of the Mississippi River; namely, Ala Ventura, Calif., to points in the conti regular routes, transporting: General bama, Connecticut, Delaware, Florida, nental United States, including Alaska, commodities (except those of unusual Georgia, Illinois, Indiana, Kentucky, and damaged and rejected shipments, on value, Classes A and B explosives, house Maine, Maryland, Massachusetts, Michi return. N ote : I f a hearing is deemed hold goods as defined by the Commission, gan, Mississippi, New Hampshire, New necessary, applicant requests it be held liquid commodities in bulk, commodities Jersey, New York, North Carolina, Ohio, at San Francisco, Calif. requiring special equipment, and those Pennsylvania, Rhode Island, South Caro No. MC 94350 (Sub-No. 73), filed injurious or contaminating to other lad lina, Tennessee, Vermont, Virginia, West June 4, 1965. Applicant: TRANSIT ing), serving the plantsite of Ameri Virginia, Wisconsin, and the District of HOMES, INC., 210 West McBee Avenue, can Cyanamid Co. at South River, Mo. Columbia, and damaged or rejected ship Post Office Box 1628, Greenville, S.C. (located near Palmyra, M o.), as an off- ments, on return. N o t e : If a hearing is Applicant’s attorney: Henry P. Willi route point in connection with appli deemed necessary, applicant requests it mon, Box 1075, Greenville, S.C. Au cant’s presently authorized regular route to be held at Richmond, Va. thority sought to operate as a com operations. N ote : If a hearing is deemed No. MC 94350 (Sub-No. 69), filed mon carrier, by motor vehicle, over ir necessary, applicant requests it be held at June 1, 1965. Applicant: TRANSIT regular routes, transporting: Portable St. Louis, Mo. HOMES, INC., 210 West McBee Avenue-, buildings traveling on their own or re No. MC 99090 (Sub-No. 5), filed June Post Office Box 1628, Greenville, S.C. movable undercarriages which are de I, 1965. Applicant: YATES TRUCK Applicant’s attorney: Henry P. Willimon, signed to be joined together to form a LINES, INC., Maud, Ky. Applicant’s at Box 1075, Greenville, S.C. Authority complete structure, equipped with hitch torney : Robert M. Pearce, Central Build sought to operate as a common carrier, ball coupler (excluding trailers or mobile ing, 1033 State Street, Bowling Green, Ky. by motor vehicle, over irregular routes, homes designed to be drawn by passen transporting: Campers, camper coaches, Authority sought to operate as a common ger automobiles, and oil field or industrial carrier, by motor vehicle, over irregular and trailers designed to be drawn by pas buildings), from points in Virginia to routes, transporting: Fertilizer, fertilizer senger automobiles, in initial movement, points in Louisiana and points in States ingredients and component fertilizer raw from points in Hancock and Winnebago east of the Mississippi River; namely, materials, and returned and rejected Counties, Iowa, to points in the United Alabama, Connecticut, Delaware, Florida, shipments, between points in Kentucky. States (except Alaska and Hawaii), and Georgia, Illinois, Indiana, Kentucky, N o t e : If a hearing is deemed necessary, damaged and rejected shipments, on re Maine, Maryland, Massachusetts, Michi applicant requests it to be held at Louis turn. N o t e : If a hearing is deemed gan, Mississippi, New Hampshire, New ville, Ky. necessary, applicant requests it be held Jersey, New York, North Carolina, Ohio, at Des Moines, Iowa. No. MC 99744 (Sub-No. 2), filed May Pennsylvania, Rhode Island, South 10, 1965. Applicant: VICTOR GROT- No. MC 94350 (Sub-No. 70), filed Carolina, Tennessee, Vermont, Virginia, HAUS, doing business as GROTHAUS June 2, 1965. Applicant: TRANSIT West Virginia, Wisconsin, and the Dis EXPRESS, 201 East Fourth Street, HOMES, INC., 210 West McBee Avenue, trict of Columbia, and damaged and re Kingsley, Iowa. Applicant’s attorney; Post Office Box 1628, Greenville, S.C. jected shipments on return. N o t e : If a J. F. Edell, 510 Professional Building, Applicant’s attorney: Henry P. Willimon, hearing is deemed necessary, applicant Kansas City, Mo., 64106. Authority Box 1075, Greenville, S.C. Authority requests it be held at Richmond, Va. sought to operate as a common carrier, sought to operate as a common carrier, No. MC 95224 (Sub-No. 3), filed by motor vehicle, over regular routes, by motor vehicle, over irregular routes, May 26, 1965. Applicant: R. COMEÀU, transporting: General commodities, be transporting: Trailers designed to be INC., Lime Street, Post Office Box 132, tween Sioux City, and Schaller, Iowa; Thursday, June 24, 1965 FEDERAL REGISTER 8127 from Sioux City over U.S. Highway 20 to ing and Elkins, W . Va., from Wheeling operate as a common carrier, by motor junction Iowa Highway 110, thence over over U.S. Highway 250 to Elkins, and vehicle, over »irregular routes, transport Iowa Highway 110 to Schaller and return return over the same route, (10) between ing: Frozen foods, from Ayden, N.C., to over the same route, serving the inter Morgantown and Weston, W. Va., from points in Virginia. N ote: If a hearing mediate points of Moville, Correction- Morgantown over U.S. Highway 19 to is deemed necessary, applicant requests ville, and Cushing, Iowa, and the off- Weston, and return over the same route, it be held at Washington, D.C. rout'e points of Lawton, Holstein, (11) between Keyser and Franklin, No. M C 107544 (Sub-No. 71), filed June Kingsley, Pierson, Washta, Quimby, W . Va., from Keyser over U.S. Highway 3, 1965. Applicant: LEMMON TRANS Anthon, Oto, Battle Creek, Ida Grove, 220 to Franklin, and return over the PORT COMPANY, INC., Post Office Box Galva, Union Township School, and samp route. N o t e : Applicant states that 580, Marion, Va. Applicant’s attorney: Grand Meadow Consolidated School, service is to be restricted against service Harry C. Ames, Jr., Transportation Iowa. N o t e : If a hearing is deemed to points south of U.S. Highway 60. Building, Washington, D.C., 20006. Au necessary, applicant requests it be held Service is proposed to and from all ter thority sought to operate as a common at Sioux City, Iowa. minal and intermediate points and off- carrier, by motor vehicle, over irregular No. MC 106400 (Sub-No. 54), filed May route points located in Ohio, Marshall, routes, transporting: Nitrogen tetroxide, 28, 1965. Applicant: KAW TRANS Wetzel, Tyler, Pleasants, Wood, Jackson, in bulk, in specially designed tank trail PORT COMPANY, a corporation, 701 Mason, Cabell, Putnam, Kanawha, Fay ers, between Hercules, Calif., Cape Ken North Sterling, Sugar Creek, Mo. Ap ette, Wirt, Roane, Calhoun, Gilmer, nedy, Fla., Lewis Research Center, near plicant’s attorney: Leonard A. Jaskie- Lewis, Upshur, Randolph, Pendleton, Cleveland, Ohio, missile sites at or near wicz, Madison Building, 1155 Fifteenth Ritchie, Doddridge, Harrison, Taylor, Davis-Monthan Air Force Base, Ariz., Street NW., Washington, D.C., 20005. Tucker, Preston, Grant, Mineral, Hamp Little Rock Air Force Base, Ark., and Authority sought to operate as a common shire, Marion, Barbour, Monongalia, McConnell Air Force Base, Kans., Den carrier, by motor vehicle, over irregular and Hardy Counties, W. Va. (except that ver, Colo., and points within 25 miles routes, transporting: Anhydrous am service to and from the terminal and thereof. N o t e : Applicant is also au monia, ammohium nitrate, urea, nitric intermediate points of Huntington, thorized to conduct operations as a con add, sulphuric acid, and fertilizer solu Charleston, and Parkersburg, W . Va., tract carrier in Permit No. MC 113959 tions, liquid, in bulk, in tank vehicles, shall be only for the purpose of joinder and subs thereunder, therefore dual op from the plantsite of the American and interchange with other motor car erations may be involved. If a hearing Cyanamid Co. at South River, Mo. (lo riers) . If a hearing is deemed neces is deemed necessary, applicant requests cated near Palm yra), in Marion County, sary, applicant requests it be held at it be held at Washington, D.C. Mo., to points in Arkansas, Illinois, In Charleston, W . Va. No. MC 107839 (Sub-No. 76), filed May diana, Iowa, Kansas, Kentucky, Michi No. MC 106674 (Sub-No. 15), filed 27, 1965. Applicant: DENVER-ALBU- gan, Minnesota, Missouri, Nebraska, June 4, 1965. Applicant: OSBORNE QUERQUE MOTOR TRANSPORT, INC., North Dakota, Ohio, Oklahoma, South TR UCK ING CO., INC., 709 South 13th 5135 York Street, Denver, Colo. Appli Dakota, Tennessee, Texas, and Wiscon Street, Post Office Box 82, Vincennes, cant’s attorney: Edward T. Lyons, Jr., sin. N o t e : If a hearing is deemed nec Ind. Applicant’s attorney: Thomas F: Suite 420, Denver Club Building, Denver, essary, applicant requests it be held at Kilroy, 1815 H Street NW., Washington, Colo., 80202., Authority sought to oper St. Louis, Mo. D.C., 20006. Authority sought to operate ate as a common carrier, by motor ve No. MC 106451 (Sub-No. 5) , filed May as a common carrier, by motor vehicle, hicle, over irregular routes, transporting: 26, 1965. Applicant: COOK MOTOR over irregular routes, transporting: Oleomargarine, from Dallas, Tex., to LINES, INC., Box 1391, Akron, Ohio. Acids, chemicals, fertilizer, and fertilizer points in Utah, Idaho, Montana, Wash Applicant’s attorney: A. Charles Tell, ingredients, between points in Illinois, ington, and Oregon. N o t e : If a hearing Columbus Center, 100 East Broad Street, Indiana, Iowa, Kansas, Minnesota, Mis is deemed necessary, applicant requests Columbus, Ohio. Authority sought to souri, Nebraska, South Dakota, and Wis it to be held at Oklahoma City, Okla. operate as a common carrier, by motor consin. N ote : If a hearing is deemed No. MC 107839 (Sub-No. 77), filed June vehicle, over regular routes, transport necessary, applicant requests it be held 1, 1965. Applicant: DENVER-ALBU- ing: General commodities (except those at Chicago, HI., or St. Louis, Mo. QUERQUE MOTOR TRANSPORT, INC., of unusual value, Classes A and B explo No. MC 107107 (Sub-No. 348), filed 5135 York Street, Denver, Colo. Appli sives, livestock, household goods as de May 27, 1965. Applicant: ALTERMAN cant’s attorney: Edward T. Lyons, Jr., fined by the Commission, commodities TRANSPORT LINES, INC., Post Office Suite 420, Denver Club Building, Denver, in bulk, and those requiring special Box 458, Allapattah Station, Miami, Fla. Colo. Authority sought to operate as a equipment), (1) between Huntington Authority sought to operate as a com common carrier, by motor vehicle, over and New Martinsville, W . Va., from mon carrier, by motor vehicle, over ir irregular routes, transporting: Meats, Huntington over U.S. Highway 2 to New regular routes, transporting: Dairy meat products, and meat byproducts, Martinsville, and return over the same products, whipped topping, dessert top dairy products, articles distributed by route, (2) between Huntington and Al ping, "bakers’ topping and nondairy coffee meat packinghouses, and such commodi loy, W. Va., from Huntington over, U.S. cream, in mechanically refrigerated ve ties as are used by meat packers in the Highway 60 to Alloy, and return over hicles, from Jacksonville, Fla., to Chi conduct of their business when destined the same route, (3) between Point Pleas cago, 111. N o t e : If a hearing is deemed to and for use by meat packers, as de ant and Charleston, W . Va., from Point necessary, applicant requests it be held scribed in sections A, B, C, and D of Pleasant over U.S. Highv/ay 35 to Char at Jacksonville, Fla. Appendix I to the report in Descriptions leston, and return over the same route, No. MC 107403 (Sub-No. 626), filed in Motor Carrier Certificates, 61 M.C.C. (4) between Charleston and Parkersburg, June 4, 1965. Applicant: MATLACK, 209 and 766,, from Greeley, Colo., to W. Va., from Charleston over U.S. High INC., 10 West Baltimore Avenue, Lans- points in Alabama, Arkansas, Florida, way 21 (including Interstate Highway downe, Pa. Authority sought to operate Georgia, Iowa, Kansas, Kentucky, Lou 77) to Parkersburg, and return over the as a common carrier, by motor vehicle, isiana, Mississippi, Missouri, Nebraska, same route, (5) between Mineralwells over irregular routes, transporting: North Carolina, Oklahoma, South Caro and Spencer, W . Va., from Mineralwells Chemicals, in bulk, between points in St. lina, Tennessee, and Texas. N o t e : If a over West Virginia Highway 14 to Spen Charles Parish, La., on the one hand, hearing is deemed necessary, applicant cer, and return over the same route, (6) and, on the other, points in the United does not specify place. between Mason and Franklin, W . Va., States (except Alaska and H aw aii). No. MC 108053 (Sub-No. 67), filed from Mason over U.S. Highway 33 to N ote : If a hearing is deemed necessary, June 3, 1965. Applicant: LITTLE AU Franklin and return over the same route, applicant requests it be held at New DREY’S TRANSPORTATION COM (7) between Parkersburg and Romney, Orleans, La. PANY, INC., Post Office Box 709, Fre W. Va., from Parkersburg over U.S. No. MC 107515 (Sub-No. 515), filed mont, Nebr. Applicant’s a t t o r n e y : Highway 50 to Romney, and return over June 1, 1965» Applicant: REFRIGER David Axelrod, 39 South La Salle Street, the same route, (8) between New M ar ATED TRANSPORT CO., INC., 290 Uni Chicago 3, 111. Authority sought to op tinsville and Buckhannon, W . Va., from versity Avenue SW., Atlanta, Ga., 30310. erate as a common carrier, by motor ve New Martinsville over West Virginia Applicant’s attorney: Paul M. Daniell, hicle, over irregular routes, transporting: Highway 20 to Buckhannon, and return Suite 1600, First Federal Building, At Frozen foods, from Fairmont and Win °ver the same route, (9) between Wheel - lanta, Ga., 30303. Authority sought to nebago, Minn., to points in Idaho, Ore- 8128 NOTICES gon, Washington, California, Nevada, No. MC 110505 (Sub-No. 61), filed Iowa, Kansas, Kentucky, Michigan, Utah, and Montana. N ote: If a hear June 1, 1965. Applicant: RINGLE Minnesota, Missouri, Nebraska, North ing is deemed necessary, applicant re TRANSPORT, INC., -405 South Grant Dakota, Ohio, Oklahoma, South Dakota, quests it be held at Minneapolis, Minn. Avenue, Fowler, Ind. Applicant’s at Tennessee, Texas, and Wisconsin. No. MC 108185 (Sub-No. 29), filed June torney: Robert C. Smith, 512 Illinois N ote: If a hearing is deemed necessary, 1,1965. Applicant: D IX IE H IG H W A Y Building, Indianapolis 4, Ind. Authority applicant requests it be held at St. Louis, EXPRESS, INC., 1900 Vanderbilt Road, sought to operate as a common carrier, Mo. Birmingham, Ala. Applicant’s attorney : by motor vehicle, over irregular routes, No. 1VJC 111231 (Sub-No. 66), filed May Paul M. Daniell, 1600 First Federal Build transporting: Roofing cement and 28, 1965. Applicant: JONES TRUCK ing, Atlanta, Ga., 30303. Authority wood preservatives, from Michigan LINES, INC., 610 East Emma Avenue, sought to operate as a common carrier, City, Ind., to points in Illinois, Ohio, Springdale, Ark. Authority sought to by motor vehicle, over irregular routes, Michigan, Kentucky, and Wisconsin. operate as a common carrier, by motor transporting: General commodities (ex N ote: If a hearing is deemed necessary, vehicle, over irregular routes, transport cept those of unusual value, Classes A applicant requests it be held at Chicago, ing: Composition building boards, ac and B explosives, livestock, household HI. cessories and materials incidental to the goods as defined by the Commission, com No. MC 110525 (Sub-No. 730), filed transportation and installation thereof, modities in bulk and those requiring spe May 27, 1965. Applicant: CHEMICAL from Greenville, Miss., to points in Illi cial equipment) , serving points in Rus LEAMAN TANK LINES, INC., 520 East nois, Missouri, and Kansas. N ote: If sell County, Ala., as off-route points in Lancaster Avenue, Downingtown, Pa. a hearing is deemed necessary, applicant connection with applicant’s authorized Applicant’s attorneys: Leonard A. Jaskie- requests it be held at Memphis, Term. regular-route operations. N ote: If a wicz, 1155 15th Street NW., Madison No. MC 111401 (Sub-No. 175), filed hearing is deemed necessary, applicant Building, Washington, D C. and Edwin June 1, 1965. Applicant: GROENDYKE requests it be held at Columbus, Ga. H. van Deusen, 520 East Lancaster Ave TRANSPORT, INC., 2510 Rock Island No. MC 108449 (Sub-No. 202), filed nue, Dowingtown, Pa. Authority sought Boulevard, Post Office Box 632, Enid, June 1, 1965. Applicant: IN D IA N - to operate as a common carrier, by motor Okla. Authority sought to operate as a HEAD TRUCK LINE, INC., 1947 West vehicle, over irregular routes, trans common carrier, by motor vehicle, over County Road “C”, St. Paul, Minn., porting: Anhydrous ammonia, ammo irregular routes, transporting: An 55113. Authority sought to operate as nium nitrate, urea, nitric acid, sulphuric hydrous ammonia, ammonium nitrate, a common carrier, by motor vehicle, acid, and fertilizer solutions, liquid, in urea, nitric acid, sulphuric acid and over irregular routes, transporting: bulk, in tank vehicles, from the plant fertilizer solutions, liquid, in bulk, in Ammonium nitrate, urea, fertilizer ma site of the American Cyanamid Co., at tank vehicles, from the plantsite of the terials, and fertilizer ingredients, other SoUth River, Mo. (located near Palmyra) American Cyanamid Co. at South River, than liquid, from the plantsite of the in Marion County, Mo., to points in Ar Mo. (located near Palmyra) in Marion American Cyanamid Co. located at kansas, Illinois, Indiana, Iowa, Kansas, County, Mo., to points in Arkansas, Il South River (Marion County), Mo., to Kentucky, Michigan, Minnesota, Mis linois, Indiana, Iowa, Kansas, Kentucky, points in Arkansas, Illinois, Indiana, souri, Nebraska, North Dakota, Ohio, Michigan, Minnesota, Missouri, Ne Iowa, Kansas, Kentucky, Michigan, Oklahoma, South Dakota, Tennessee, braska, North Dakota, Ohio, Oklahoma, Minnesota, Missouri, Nebraska, North Texas, and Wisconsin. N ote : If a hear South Dakota, Tennessee, Texas, and Dakota, Ohio, Oklahoma, South Dakota, ing is deemed necessary, applicant re Wisconsin. N ote : If a hearing is deemed Tennessee, Texas, and Wisconsin. quests it be held at St. Louis, Mo. necessary, applicant requests it be held N ote: If a hearing is deemed necessary, No. MC 110988 (Sub-No. 120) at St. Louis, Mo. applicant requests it be held at (AM ENDM ENT), filed March 9, 1965, No. MC 111729 (Sub-No. 86), filed St. Louis, Mo. published F ederal R egister issue March June 4, 1965. Applicant: ARMORED No. MC 109397 (Sub-No. 120), filed 25, 1965, and republished as amended CARRIER CORPORATION, 222-17 June 1, 1965. Applicant: TRI-STATE this issue. Applicant: KAM PO TR AN Northern Boulevard, Bayside, N.Y. Ap MOTOR TRANSIT CO., a corporation, SIT, INC., 200 West Cecil Street, Neenah, plicant’s attorney: Russell S. Bernhard, Post Office Box 113, Joplin, Mo. Ap Wis. Applicant’s attorney: E. Stephen 1625 K Street NW., Washington 6, D.C. plicant’s attorney: Max G. Morgan, Heisley, Transportation Building, W ash Authority sought to operate as a common 443-54 American National Building, ington, D.C., 20006* Authority sought carrier, by motor vehicle, over irregular Oklahoma City 2, Okla. Authority to operate as a common carrier, by motor routes, transporting: Business papers, sought to operate as a common carrier, vehicle, over irregular routes, transport records, and audit and accounting by motor vehicle, over irregular routes, ing: Acids, chemicals, fertilizers and media (except cash letters), between transporting: Classes A, B, and C ex fertilizer ingredients from East Dubuque, Natick, Mass., on the one hand, and, on plosives, blasting supplies, nitro-carbo- 111. and points in Illinois within 10 miles the other, Logan Airport, Boston, Mass., nitrates, and ammonium nitrate, be thereof, to points in Arkansas, Illinois, limited to handling of traffic having a tween Ordill, 111., and points within ten Indiana, Iowa, Kansas, Kentucky, Mich rior or subsequent out-of-State move- (10) miles thereof, on the one hand, and, igan, Minnesota, Missouri, Nebraska, lent by air. N ote: Applicant states the on the other, points in Connecticut, Ohio, Oklahoma, North Dakota South roposed operations will be subject to the Maryland, New Jersey, New York, North Dakota, and Wisconsin. N ote: The pur allowing restriction: No service shall be Carolina, Pennsylvania, South Carolina, pose of this republication is to add the erformed under the authority granted Tennessee, Virginia, and West Virginia. destination States of Arkansas, Ken erein for any bank or banking institu- N ote: If a hearing is deemed necessary, tucky, Michigan, Ohio, Oklahoma, and .on; namely, any national bank, State applicant requests it be held at Chicago, North Dakota. If a hearing is deemed ank, Federal Reserve bank, savings an 111. necessary, applicant requests it be held >an association, or savings bank. Ap- No. MC 109497 (Sub-No. 13), filed May at Chicago, 111. licant is also authorized to conduct 26, 1965. Applicant: A. F. COMER No. MC 110988 (Sub-No. 129), filed perations as a contract carrier in Per- TRANSPORT SERVICE, INC., Post Of June 4, 1965. Applicant: KAM PO lit MC 112750 and subs, therefore dual fice Box 711, Rocky Mount, N.C. Ap TRANSIT, INC., 200 West Cecil Street, perations may be involved. If a hearing plicant’s attorney: Louis Reznek, 5009 Neenah, Wis. Applicant’s attorney: » deemed necessary, applicant reque Keokuk Street, Washington, D.C. Au Harry C. Ames, Jr., Transportation ; be held at Boston, Mass. , thority sought to operate as a common Building, Washington, D.C., 20006. Au No. MC 111729 (Sub-No. 87), filed carrier, by motor vehicle, over irregular thority sought to operate as a common une 4, 1965. Applicant: ARMORED CARRIER CORPORATION, 222-1 i routes, transporting: Fertilizer and fer carrier, by motor vehicle, over irregu tilizer materials, in bulk, in tank motor lar routes, transporting: Ammonium ni rorthemUcant’s attorney: Boulevard, RusseU Bayside, S Bernard,N.Y. p vehicles, from Chesapeake, Va., and trate, urea, fertilizer materials, and points in Virginia within 15 miles fertilizer ingredients, other than liquid, Commonwealth Building, 1625 ^ thereof, to points in North Carolina. from the plant site of the American Cy rw„ Washington 6, D.C. AirthonW N ote: If a hearing is deemed necessary, anamid Co. at South River Mo. (located ought to operate as a common ’ near Palmyra) in Marion County, Mo., y motor vehicle, over irregular ’ applicant requests it be held at Raleigh, eononnvHriD- nvsdness papers, recorab, N.C. to points in Arkansas, Illinois, Indiana, Thursday, June 24, 1965 FEDERAL REGISTER 8129 and audit and accounting media (except and, on the other, Poughkeepsie, N.Y., SERVICE CO., a corporation, Post Office cash letters), between O ’Hare Field, Chi and (2) checks (except cash letters), Box 272, Cicero Station, Chicago 50, 111. cago, HI., on the one hand, and on the from Concord, N.H., to Boston, Mass. Applicant’s attorney: Leonard A. Jaskie other, Champaign, Joliet, Rock Island N o t e : Applicant states the proposed op wicz, Madison Building, 1155 15th Street and Springfield, 111., and Racine, Wis., erations will be subject to the following NW., Washington, D.C., 20005. Authority limited to handling of traffic having a restriction: No service shall be per sought to operate as a common carrier by prior or subsequent out-of-state move formed under the authority granted motor vehicle, over irregular routes, ment by air. N o t e : Applicant states in herein for any bank or banking institu transporting: Anhydrous ammonia, am the above operations no service will be tion, namely, any national bank, State monium nitrate, urea, nitric acid, sul performed for any bank or banking in bank, Federal Reserve bank, savings and phuric acid, and fertilizer solutions, stitution; namely, any national bank, loan association, or savings bank. Ap liquid, in bulk, in tank vehicles, from the State bank, Federal Reserve Bank, sav plicant is also authorized to conduct op plantsite of the American Cyanamid Co. ings and loan association or savings erations as a contract carrier in Permit at South River, Mo. (located near Pal bank. Applicant is also authorized to MC 112750 and subs, therefore dual op myra) , in Marion County, Mo., to points conduct operations as a contract carrier erations may be involved. If a hearing in Arkansas, Illinois, Indiana, Iowa, in Permit MC 112750 and subs there is deemed necessary, applicant requests Kansas, Kentucky, Michigan, Minnesota, under, therefore, dual operations may it be held at Boston, Mass. Missouri, Nebraska, North Dakota, Ohio, be involved. If a hearing is deemed nec No. MC 111812 (Sub-No. 291), filed Oklahoma, South Dakota, Tennessee, essary, applicant requests it be held at May 28, 1965. Applicant: MIDWEST Texas, and Wisconsin. N o t e : If a hear Boston, Mass. COAST TRANSPORT, INC., Wilson ing is deemed necessary, applicant re No. MC 111729 (Sub-No. 88), filed June Terminal Building, Post Office Box 747, quest it be held at St. Louis, Mo.. 4, 1965. Applicant: ARMORED CAR Sioux Falls, S. Dak. Applicant’s at No. MC j.12822 (Sub-No. 54), filed RIER CORPORATION, 222-17 Northern torney: Donald L. Stern, 630 City N a May 28, 1965. Applicant: EARL BRAY, Boulevard, Bayside, N.Y. Applicant’s tional Bank Building, Omaha, Nebr. INC., Post Office Box 1191, Linwood and attorney: Russell S. Bernhard Common Authority sought to operate as a com North Streets, Cushing, Okla. Authority wealth Building, 1625 K Street NW., mon carrier, by motor vehicle, over ir sought to operate as a common carrier, Washington 6, D.C. Authority sought to regular routes, transporting: Meats, by motor vehicle, over irregular routes, operate as a common carrier, by motor meat products, meat byproducts, and transporting: Ammonium nitrate, urea, vehicle, over irregular routes, transport articles distributed by meat packing fertilizer materials, and fertilizer ingre ing: (I) Exposed film and prints (except houses (except hides and commodities in dients (other than liquid), from the motion picture film used primarily for bulk, in tank vehicles), from points in plantsite of the American Cyanamid Co. commercial theater and television exhi Dawson and Kearney Counties, NebrT, to at South River, Mo. (located near Pal bition) , (a) from points in West Virginia, points in Arizona, California, Idaho, myra) , in Marion County, Mo., to points to Detroit, Mich.; (b) from points in La Montana, New Mexico, Nevada, Oregon, in Arkansas, Illinois, Indiana, Iowa, Crosse County, Wis. (except La Crosse, Utah, Washington, and Wyoming. Kansas, Kentucky, Michigan, Minnesota, Wis.), to Aurora, 111.; (2) processed film N ote: If a hearing is deemed necessary, Missouri, Nebraska, North Dakota, Ohio, and prints (except motion picture film applicant requests it be held at Omaha, Oklahoma, South Dakota, Tennessee, used primarily for commercial theater Nebr. Texas, and Wisconsin. N ote : If a hear and television exhibition), complimen No. MC 112223 (Sub-No. 71), filed ing is deemed necessary, applicant re tary replacement film, labels, envelopes, June 1, 1965. Applicant: QUICKIE quests it be held at St. Louis, Mo. packaging materials, and advertising TRANSPORT COMPANY, a corporation, No. MC 112822 (Sub-No. 55), filed literature moving therewith, (a) from 501 11th Avenue South, Minneapolis, May 28, 1965. Applicant: EARL BRAY, Detroit, Mich., to points in West Vir Minn. Applicant’s attorney: Earl Hack INC., Post Office Box 1191, Linwood and ginia; (b) from Aurora, 111., to points in ing, 503 11th Avenue South, Minneapolis, North Streets, Cushing, Okla. Authority La Crosse County, Wis. (except La Minn. Authority sought to operate as a sought to operate as a common carrier, Crosse, W is.); (3) whole human blood common carrier, by motor vehicle, over by motor vehicle, over irregular routes, and blood derivatives, between Toledo, irregular routes, transporting: Manu transporting: Anhydrous ammonia, am Ohio, on the one hand, and, on the other, factured dry fertilizer, in bulk, from Pine monium nitrate, urea, nitric acid, sul Detroit, Mich., and (4) business papers, Bend, Minn., and points within five (5) phuric acid, and fertilizer solutions, li records, and audit and accounting media miles thereof to points in Iowa, North quid, in bulk, in tank vehicles, from the (except cash letters), (a) between Cin Dakota, and Wisconsin. N ote : If a hear plantsite of American Cyanamid Co., at cinnati, Ohio, on the one hand, and, on ing is deemed necessary, applicant re South River, Mo. (located near Palm yra), the other, Boyers, Pa. and Ashland, Ky., quests it be held at Minneapolis, Minn. in Marion County, Mo., to points in A r and (b) between Cleveland, Ohio, on the No. MC 112617 (Sub-No. 200), filed kansas, Illinois, Indiana, Iowa, Kansas, one hand, and, on the other, points in June 1, 1965. Applicant: LIQUID Kentucky, Michigan, Minnesota, Mis Michigan and West Virginia. N ote: Ap TRANSPORTERS, INC., Post Office Box souri, Nebraska, North Dakota, Ohio, plicant states in the above operations no 5135, Cherokee Station, Louisville, 5, Oklahoma, South Dakota, Tennessee, service will be performed for any bank Ky. Applicant’s attorney: Leonard A. Texas, and Wisconsin. N ote : If a hear or banking institution; namely, any na Jaskiewicz, 600 Madison Building, 1155 ing is deemed necessary, applicant re tional bank, State bank, Federal Reserve 15th Street NW., Washington, D.C. Au quests it be held at St. Louis, Mo. Bank, savings and loan association, or thority sought to operate as a common No. MC 113325 (Sub-No. 44), filed savings bank. Applicant is also author carrier, by motor vehicle, over irregular May 28,1965. Applicant: SLAY TRANS ized to conduct operations as a contract routes, transporting: Anhydrous am PORTATION CO., INC., 2001 South carrier in Permit MC 112750 and subs monia, ammonium nitrate, urea, nitric Seventh Street, St. Louis, Mo. Appli thereunder, therefore, dual operations acid, sulphuric add, and fertilizer solu cant’s attorney: Chester A. Zyblut, 1000 may be involved. If a hearing is deemed tions, liquid, in bulk, in tank vehicles, Connecticut Avenue NW., Washington, necessary, applicant requests it to be held from the plantsite of the American D.C., 26036. Authority sought to operate at Detroit, Mich. Cyanamid Co. at South River, Mo. (lo as a common carrier, by motor vehicle, No. MC 111729 (Sub-No. 89), filed cated near Palm yra), in Marion County, over irregular routes, transporting: June 4, 1965. Applicant: ARMORED Mo.; to points in Arkansas, Illinois, In Chemicals, including fertilizer com CARRIER CORPORATION, 222-17 diana, Iowa, Kansas, Kentucky, Michi pounds, in bulk, from Peru, 111., to points Northern Boulevard, Bayside, N.Y. Ap gan, Minnesota, Missouri, Nebraska, in Indiana, Ohio, Michigan, Wisconsin, North Dakota, Ohio, Oklahoma, South Minnesota, Iowa, and Missouri. N o t e : plicant’s attorney: Russell S. Bernhard, Dakota, Tennessee, Texas, and Wiscon If a hearing is deemed necessary, appli 1625 K Street NW.,Washington 6, D.C. sin, and rejected shipments of the com cant requests it be held at Chicago, 111. Authority sought to operate as a com modities specified above, on return. No. MC 113434 (Sub-No. 17), filed mon carrier, by motor vehicle, over ir N o t e : If a hearing is deemed necessary, May 26, 1965. Applicant: GRA-BELL regular routes, transporting: (1) Busi applicant requests it be held at St. Louis, TRUCK LINE, INC., 679 Lincoln Avenue, ness papers, records, and audit and ac Mo. Holland, Mich. Applicant’s attorney: counting media (except cash letters), No. MC 112801 (Sub-No. 27), filed Wilhelmina Boersma, 2850 Penobscot between Boston, Mass., on the one hand, May 28.1965. Applicant: TRANSPORT Building, Detroit, Mich. Authority No. 121------6 8130 NOTICES sought to operate as a common carrier, Avenue, Washington 14, D.C. Appli is deemed necessary, applicant requests by motor vehicle, over irregular routes, cant’s attorney: William P. Sullivan, it be held at Dallas, Tex. transporting: Canned goods, from the 1825 Jefferson Place NW., Washington, No. MC 114194 (Sub-No. 104), filed distribution center of Michigan Fruit D.C;, 20036. Authority sought to oper June 1, 1965. Applicant: KREIDER Canners located approximately two (2) ate as a common carrier, by motor ve TRUCK SERVICE, INC., 8003 Collins miles west of Coloma, Mich., to points hicle, over irregular routes, transporting : ville Road, East St. Louis, HI. Authority in Indiana, Illinois, Ohio, and Wisconsin, Petroleum and petroleum products', as sought to operate as a common carrier, and rejected shipments of the commodi described in appendix X III to the report by motor vehicle, over irregular routes, ties specified above, on return. N o t e : in Descriptions in Motor Carrier Certifi transporting: Glues and adhesives, in If a hearing is deemed necessary, appli cates, 61 M.C.C. 209 (except petroleum bulk, from points in the Kansas City, cant requests it be held at Washington, chemicals as defined in appendix XV to Mo.-Kansas City, Kans., commercial D.C., or Chicago, 111. the Description case cited above), in zone, to points in Missouri, Kansas, Okla No. MC 113666 (Sub-No. 21), filed bulk, in tank vehicles, from points in homa, Texas, Colorado, Nebraska, Ar June 4, 1965. Applicant: FREEPORT Butler County, Pa., to points in Connecti kansas, and Louisiana, and rejected ship TRANSPORT, INC., 1200 Butler Road, cut, Delaware, New Hampshire, New je r ments of the commodities specified above, Freeport, Pa. Applicant’s attorney: sey, New York, Massachusetts, 'Maine, on return. N o t e : If a hearing is deemed Leonard A. Jaskiewicz, Madison Build Rhode Island, and Vermont. N ote : If a necessary, applicant requests it be held ing, 1155 15th Street NW., Washington, hearing is deemed necessary, applicant at St. Louis, Mo., or Kansas City, Kans. D.C. Authority sought to operate as a requests it be held at Washington, D.C. No. MC 114725 (Sub-No. 22), filed June common carrier, by motor vehicle, over No. MC 113828 (Sub-No. 89), filed May 1, 1965. Applicant: WYNNE TRANS irregular routes, transporting: 4m - 27, 1965. Applicant: O’BOYLE TANK PORT SERVICE, INC., 1528 North 11th monium nitrate, urea, fertilizer ma LINES, INCORPORATED, 4848 Cordell Street, Omaha, Nebr. Applicant’s at terials, and fertilizer ingredients, other Avenue, Washington 14, D.C. Appli torney: Ji Max Harding, Box 2028, Lin than liquid, from the plantsite of the cant’s attorney: WilliamP. Sullivan, 1825 coln, Nebr. Authority sought to oper American Cyanamid Co. at South River, Jefferson Place NW., Washington, D.C. ate as a common carrier, by motor ve Mo. (located near Palm yra), in Marion Authority sought to operate as a com hicle, over irregular routes, transporting: County, Mo., to points in Arkansas, Illi mon carrier, by motor vehicle, over ir Dry fertilizer, and urea, in bulk and in nois, Indiana, Iowa, Kansas, Kentucky, regular routes, transporting: Sorbitol, in bags, from Nebraska City, Nebr., to Michigan, Minnesota, Missouri, Ne bulk, in tank vehicles, from the plantsite points in Iowa, Kansas, Minnesota, Mis braska, North Dakota, Ohio, Oklahoma, of Merck & Co. located at Danville, Pa., souri, North Dakota, and South Dakota, South Dakota, Tennessee, Texas, and to Richmond, Va. N o t e : If a hearing and damaged and rejected shipments of Wisconsin. N ote : If a hearing is deemed is deemed necessary, applicant requests the commodities specified above, on re necessary, applicant requests it be held it be held at Washington, D.C. turn. N o t e : If a hearing is deemed at St. Louis, Mo. No. MC 113843 (Sub-No. 88), filed May necessary, applicant requests it be held No. MC 113678 (Sub-No. 146), filed 27, 1965. Applicant: REFRIGERATED at Omaha, Nebr. May 26, 1965. Applicant: CURTIS, FOOD EXPRESS, INC., 316 Summer No. MC 114725 (Sub-No. 23), filed June INC., 770 East 51st Avenue, Denver, Street, Boston, Mass. Authority sought 1, 1965. Applicant: WYNNE TRANS Colo. Applicant’s attorney: Duane W. to operate as a common carrier, by mo PORT SERVICE, INC., 1528 North 11th Acklie, Post Office Box 2028, Lincoln, tor vehicle, over irregular routes, trans Street, Omaha, Nebr. Applicant’s attor Nebr. Authority sought to operate as porting: Meats, meat products and meat ney: J. Max Harding, Box 2028, Lincoln, a common carrier, by motor vehicle, over byproducts, arid articles distributed by Nebr. Authority sought to operate as a irregular routes, transporting: Confec meat packinghouses, as described in sec common carrier, by motor vehicle, over tionery, candy, cocoa, coatings, com tions A and C of appendix I to the report irregular routes, transporting : Commodi pounds, and cough drops, from Reading, in Descriptions in Motor Carrier Certifi ties, in bulk, and damaged and rejected Elizabethtown and Lititz, Pa., to points cates, 61 M.C.C. 209 and 766, from De shipments of commodities specified, be in Alabama, Arkansas, Colorado, Illinois, troit, Mich., to points in Ohio. N ote: tween points in Nebraska. N o t e : Ap Indiana, Iowa, Louisiana, Kansas, Michi If a hearing is deemed necessary, appli plicant states the proposed service to be gan, Kentucky, Minnesota, Missouri, Ne cant requests it be held at Detroit, Mich. restricted against (1) the movement of braska, New Mexico, North Dakota, Ohio, No. MC 113974 (Sub-No. 15), filed June petroleum products, in bulk, against (2) Oklahoma, South Dakota, Tennessee, 2, 1965. Applicant: PITTSBURGH & the movement of fertilizer or fertilizer and Wisconsin. N o t e : If a hearing is N EW ENGLAND TR U CK ING CO., a mixtures, from . La Platta, Nebr., and deemed necessary, applicant does not corporation, 211 Washington Avenue, against (3) the movement of inedible specify place. Dravosburg, Pa. Applicant’s attorney: animal fats and blends thereof, from No. MC 113678 (Sub-No. 147), filed Henry M. Wick, Jr., 1515 Park Building, points in Nebraska to Omaha and Ne June 4,1965. Applicant: CURTIS, INC., Pittsburgh, Pa., 15222. Authority sought braska City, Nebr. If a hearing is 770 East 51st Avenue, Denver, Colo., to operate as a common carrier, by mo deemed necessary, applicant requests it 80216. Applicant's attorney: Duane W. tor vehicle, over irregular routes, trans to be held at Omaha, Nebr. Acklie, Post Office Box 2028, Lincoln, porting: Iron and steel and iron and steel No. MC 115669 (Sub-No. 51), filed June Nebr. Authority sought to operate as a articles as described in appendix V to the 1,1965. Applicant: HOWARD N. DAHL- common carrier, by motor vehicle, over report in Descriptions in Motor Carrier STEN, doing business as DAHLSTEN irregular routes, transporting: (1) Dairy Certificates, 61 M.C.C. 209, between TRUCK LINE, Post Office Box 95, Clay products, (2) returned dairy products, Center, Nebr. Applicant’s attorney: Allenport and Monessen, Pa., on the one (3) commodities exempt from economic Donald L. Stern, 630 City National Bank hand, and, on the other, points in In regulations pursuant to provisions of sec Building, O m a h a , Nebr. Authority tion 206(b) (6) when moving in the same diana, Illinois, and the Lower Peninsula sought to operate as a common carrier, vehicle at the same time with dairy of Michigan. N o t e : If a hearing is by motor vehicle, over irregular routes, products and/or returned dairy prod deemed necessary, applicant requests it transporting: Ammonium nitrate, urea, ucts, from points in Arizona, California, be held at Pittsburgh, Pa. fertilizer materials and fertilizer ingredi Colorado, Idaho, Montana, Nevada, New No. MC 114004 (Sub-No. 59), filed June ents (other than liquid), from the plant- Mexico, Oregon, Utah, Washington, and 1,1965. Applicant: CHANDLER TRAIL site of the American Cyanamid Co. at Wyoming to points in Minnesota and ER CONVOY, INC., 8828 New Benton South River, Mo. (located near Palmy Wisconsin and empty containers or other Highway, Little Rock, Ark. Authority r a ), in Marion County, Mo., to points in such incidental facilities used in trans sought to operate as a common carrier, Arkansas, Hlinois, Indiana, Iowa, Kan sas, Kentucky, Michigan, Minnesota, porting the above described commodities, by motor vehicle, over irregular routes, Missouri, Nebraska, North Dakota, Ohio, on return. N o t e : If a hearing is deemed transporting: Boats, and boat accesso Oklahoma, South Dakota, Tennessee, necessary, applicant requests it be held ries, and boat trailers, from points in Texas, and Wisconsin. N ote : If a hear at Minneapolis, Minn. Texas (except the Traveler warehouse ing is deemed necessary, applicant re No. MC 113828 (Sub-No. 88), filed May in Tyler, Tex., and Austin, Tex.), to quests it be held at St. Louis, Mo. 27, 1965. Applicant: O’BOYLE TANK points in the continental United States, No. MC 116077 (Sub-No. 182), filed LINES, INCORPORATED, 4848 Cordell including Alaska. N ote: If a hearing June 1, 1965. Applicant: ROBERTSON T h u rs d a y , June 24, 1965 FEDERAL REGISTER 8131 TANK LINES, INC., Post Office Box 9527, Highway 20 from the Massachusetts- and hopper-type vehicles, from New 5700 Polk Avenue, Houston, Tex., 77011. New York State line to junction Al Orleans and Baton Rouge, La. to points Applicant’s attorney: Thomas E. James, ternate U.S. Highway 20 at or near East in Alabama and Florida. N o t e : If a 721 Brown Building, Austin, Tex., 78701. Bloomfield, N.Y., thence along Alternate hearing is deemed necessary, applicant Authority sought to operate as a com U.S. Highway 20 to junction U.S. High requests it be held at New Orleans or mon carrier, by motor vehicle, over ir way 62 at or near Big Tree, N.Y., and Baton Rouge, La. regular routes, transporting: Liquid and thence along unnumbered New York No. MC 117954 (Sub-No. 19), filed dry sugar, in bulk, in tank and hopper Highway to Lake Erie. N o t e : Applicant May 24, 1965. Applicant: H. L. HER vehicles, from points in Louisiana to states it is presently authorized to trans RIN, JR., 4928 Jefferson Highway, Post points in Alabama, Arkansas, Florida, port malt beverages from and to all of Office Box 23339, New Orleans, La., Georgia, Illinois, Indiana, Kentucky, the points named herein, and seeks au 70121. Applicant’s attorney: Harold R. Mississippi. Missouri, North Carolina, thority to transport advertising material Ainsworth, 2307 American Bank Build South Carolina, Tennessee, Texas, and only as an incidental movement in con ing, New Orleans 12, La. Authority Virginia. N o t e : Applicant states no nection with and as part of the transpor sought to operate as a common carrier, duplicating authority sought. If a hear tation of malt beverages. If a hearing is by motor vehicle, over irregular routes, ing is deemed necessary, applicant re deemed necessary, applicant requests it transporting: Bananas, from Freeport, quests it to be held at New Orleans, La. be held at Newark, N.J. Tex., to points in Arkansas, Colorado, No. MC 116142 (Sub-No. 14), filed No. MC 117119 (Sub-No. 210), filed Iowa, Kansas, Louisiana, Minnesota, June 2, 1965. Applicant: BEVERAGE June 1,1965. Applicant: W ILLIS SHAW Missouri, Nebraska, New Mexico, North TRANSPORTATION, INC., Post Office FROZEN EXPRESS, INC., Elm Springs, Dakota, Oklahoma, South Dakota, and Box 423, York, Pa. Applicant’s attorney: Ark. Applicant’s attorney: John H. Texas. N o t e : If a hearing is deemed S. Harrison Kahn, Suite 733 Investment Joyce, 26 North College, Fayetteville, necessary, applicant requests it be held Building, Washington, D.C. Authority Ark. Authority sought to operate as a at New Orleans, La. sought to operate as a common carrier, common carrier, by motor vehicle, over No. MC 118130 (Sub-No. 16), filed by motor vehicle, over irregular routes, irregular routes, transporting: Animal June 1, 1965. Applicant: BEN H AM transporting: Advertising material in and poultry drugs, tonics, and medicines, RICK, INC., 2000 Chelsea Drive West, conjunction with the transportation of and insecticides, and disinfectants, and Fort Worth, Tex. Applicant’s attorney: malt beverages, (1) from Baltimore, Md., supplies used in preparation and pack M. W ard Bailey, 24th Floor, Continental to points in New York and Pennsylvania; aging of these commodities, in vehicles Life Building, Fort Worth, Tex., 76102. (2) from Lebanon, Pa., to Newark, N.J.; equipped with mechanical refrigeration Authority sought to operate as a common (3) from Newark, N.J., to points in New (except commodities in bulk, in tank carrier, by motor vehicle, over irregular Jersey; (4) from Natick, Mass., to Leba vehicles), from Vineland, N.J., to points routes, transporting: Frozen foods (ex non and Hudson, Pa.; (5) from New in Minneapolis, Minn., and Davenport, cept frozen meats), from Kansas City, ark, N.J., to Baltimore, Md.; (6) from and Des Moines, Iowa. N o t e : If a hear Kans., and Kansas City, Mo., to points Philadelphia, Pa., to points in New Jer ing is deemed necessary, applicant re in Alabama, Arkansas, Georgia, Louisi sey; (7) from Pittsburgh, Pa., to W il quests it be held at Washington, D.C. ana, Mississippi, Tennessee, and Texas, mington, Del., the District of Colum No. MC 117119 (Sub-No. 211), filed and exempt commodities, on return. bia, and points in Maryland, and that June 1, 1965. Applicant: WTTI IS N o t e : If a hearing is deemed necessary, part of New York on and west of New SHAW FROZEN EXPRESS, INC., Elm applicant requests it be held at Kansas York Highway 19; (8) from Harrisburg, Springs, Ark. Applicant’s attorney: City, Mo. Pa., to Baltimore, Md.; (9) from New John H. Joyce, 26 North College, Fayette No. MC 118130 (Sub-No. 17), filed York, N.Y., to Pittsburgh, P a.; (10) from ville, Ark. Authority sought to operate June 1, 1965. Applicant: BEN H AM Cumberland and Baltimore, Md., and as a common carrier, by motor vehicle, RICK, INC., 2000 Chelsea Drive West, New York and Buffalo, N.Y., to Harris over irregular routes, transporting: Fort Worth, Tex. Applicant’s attorney: burg, Pa.; (11) from Cincinnati, Ohio, Animal and poultry drugs, tonics, and M. Ward Bailey, 24th Floor, Continental to Upper Darby, Pa.; (12) from Detroit, medicines, and insecticides and disin Life Building, Fort Worth, Tex., 76102. Mich., to Pittsburgh, Pa.; (13) from Tren fectants and supplies, used in prepara Authority sought to operate as a common ton, N.J., to points in Pennsylvania (ex tion and packaging of these commodi carrier, by motor vehicle, over irregular cept points in Philadelphia, Chester and ties, in vehicles equipped with mechani routes, transporting: Meats, meat prod Delaware Counties, P a .); (14) from Bal cal refrigeration (except commodities ucts and meat byproducts, dairy prod timore, Md., to Philadelphia, Pa., and in bulk, in tank vehicles), from Vine- ucts, and articles distributed by meat points in New Jersey; (15) from Detroit, land, N.J., to Forest, Miss. N o t e : If a packinghouses, as described in sections Mich., to Harrisburg, Lancaster, and hearing is deemed necessary, applicant A, B, and C of Appendix I to the report York, Pa.; (16) from Cleveland, Ohio, requests it be held at Jackson, Miss. in Descriptions in Motor Carrier Certifi to points in Pennsylvania on and east No. MC 117119 (Sub-No. 212), filed cates, 61 M.C.C. 209 and 766, from points of U.S. Highway 15; (17) from Cumber June 1, 1965. Applicant: W ILLIS in Colorado, on and north of U.S. High land, Md., to York and Lancaster, Pa.; SHAW FROZEN EXPRESS, INC., Elm way 40 and on and east of U.S. Highway (18) from Latrobe, Pa., to points in Springs, Ark. Applicant’s attorney: 87, to points in North Carolina, South Maryland and New Jersey; (19) from John H. Joyce, 26 North College, Fayette Carolina, Georgia, Alabama, and Flor New York, N.Y., and Newark, N.J., to ville, Ark. Authority sought to operate ida, and exempt commodities, on return. York, Pa., and points in Pennsylvania as a common carrier, by motor vehicle, N o t e : If a hearing is deemed neces within 35 miles thereof; (20) from Utica, over irregular routes, transporting: sary, applicant does not specify place of N.Y., to points in Pennsylvania, and Animal and poultry drugs, tonics, and hearing. points in that part of New Jersey on and medicines, and insecticides, and disin No. MC 118130 (Sub-No. 18), filed south of U.S. Highway 22 from the New fectants, and supplies, used in prepara June 1, 1965. Applicant: BEN HAM Jersey-Pennsylvania State line to Hill tion and packaging of these commodi RICK, INC., 2000 Chelsea Drive West, side, N.J., and on and south of the boun ties, in vehicles equipped with mechani Fort Worth, Tex. Applicant’s attorney: dary line between Essex and Union cal refrigeration (except commodities M. Ward Bailey, Continental Life Build Counties, N.J., from Hillside, N.J., to the in bulk, in tank vehicles), from Vine- ing, Fort Worth 2, Tex. Authority sought eastern boundary line of New Jersey. land, N.J., to Los Angeles, Calif. N o t e : to operate as a common carrier, by motor (21) From Baltimore, Md., to York, If a hearing is deemed necessary, ap vehicle, Over irregular routes, transport Pa., (22) from Williamsport, Pa., to plicant requests it be held at Wash ing: Bananas, from Freeport, Tex., to points on Long Island, N.Y., and points ington, D.C. points in Arkansas, Colorado, Iowa, in New Jersey, Maryland, Virginia, and No. MC 117439 (Sub-No. 15), filed May Kansas, Louisiana, Minnesota, Missouri, the District of Columbia, and (23) from 28, 1965. Applicant: BULK TRANS Nebraska, New Mexico, North Dakota, South Dakota, Oklahoma, and Texas. Newark, N.J., to Olean, Hornell, and PORT INC., U.S. Highway 190, Post Of N o t e : If a hearing is deemed necessary, Jamestown, N.Y., and points in that fice Box 89, Port Allen, La. Authority applicant requests it be held at Wichita, Portion of New York (except Albany, sought to operate as a common carrier, Kans. Syracuse, Utica, Saratoga Springs, and by motor vehicle, over irregular routes, No. MC 118130 (Sub-No. 19), filed June Saran Lake, N .Y .), on the north of U.S. transporting: Cement, in bulk, in tank 1, 1965. Applicant: BEN HAMRICK, 8132 NOTICES INC., 2000 Chelsea Drive West, Fort tinental Life Building, Fort Worth, Tex., Authority sought to operate as a com Worth, Tex: Applicant’s attorney: M. 76102. Authority sought to operate as mon carrier, by motor vehicle, over ir W ard Bailey, Continental Life Building, as a common carrier, by motor vehicle, regular routes, transporting: Meats, meat Foil; Worth 2, Tex. Authority sought to over irregular routes, transporting: products, meat byproducts, dairy prod operate as a common carrier, by motor Meats, meat products, and meat byprod ucts and articles distributed by meat vehicle, over irregular routes, transport ucts, dairy products, and articles distrib packinghouses, as defined by the Com ing: Frozen foods, from Belvidere, HI., uted by meat packinghouses, as de mission, from points in Dakota County, to points in Alabama, Arkansas, Iowa, scribed in sections A, B, and C of appen Nebr., and Sioux City, Iowa, to points in Florida, Georgia, Louisiana, Mississippi, dix I to the report in Descriptions in California, Arizona, Washington, Ore Missouri, Nebraska, Kansas, Oklahoma, Motor Carrier Certificates, 61 M.C.C. 209 gon, Nevada, Idaho, Montana, Wyoming, Tennessee, and Texas, and exempt com and 766, from Wichita, Kans., to points Utah, Colorado, New Mexico, North Da modities, on return, N o t e : If a hearing in Alabama, Arkansas,' California, Colo kota, South Dakota, Kansas, Iowa, is deemed necessary, applicant does not rado, Florida, Georgia, Illinois, Indiana, Minnesota, Wisconsin, Missouri, Okla specify a location. IoWa, Kansas, Kentucky, Louisiana, homa, Arkansas, Texas, Louisiana, Illi No. M C 118130 (Sub-No. 20), filed June Michigan, Mississippi, Missouri, North nois, Mississippi, Alabama, Georgia, 1, 1965. Applicant: BEN HAMRICK, Carolina, Ohio, Oklahoma, South Caro Florida, and Tennessee. N o t e : The pur INC., 2000 Chelsea Drive West, Fort lina, Tennessee, Texas, Virginia, West pose of this republication is to add Sioux Worth, Tex, Applicant’s attorney: M. Virginia, and Wisconsin, and exempt City, Iowa, as an origin point. If a W ard Bailey, Continental Life Building, commodities on return. N o t e : if a hearing is deemed necessary, applicant Fort Worth 2, Tex. Authority sought to hearing is deemed necessary, applicant requests it be held at Des Moines, Iowa, operate as a common carrier, by motor does not specify place of hearing. or Omaha, Nebr. vehicle, over irregular routes, transport No. MC 118130 (Sub-No. 24), filed No. MC 119422 (Sub-No. 31), filed ing: Meats, meat products and meat by June 1, 1965. Applicant: BEN H AM June 1, 1965. Applicant: EE-JAY products, dairy products, and articles RICK, INC., 2000 Chelsea Drive West, MOTOR TRANSPORTS, INC., 15th and distributed by meat packinghouses, as Fort Worth, Tex. Applicant’s attorney: Lincoln, East St. Louis, 111. Applicant’s described in sections A, B, and C of ap M. W ard Bailey, Continental Life Build attorney: Ernest A. Brooks n , 1301-02 pendix I to the report in Descriptions in ing, Forth Worth, Tex. Authority Ambassador Building, St. Louis, Mo., Motor Carrier Certificates, 61 M !C.C sought to operate as a common carrier, 63101. Authority sought to operate as 209 and 766, from points in Dakota by motof vehicle, over irregular routes, a common carrier, by motor vehicle, over County, Nebr., to points in Alabama, transporting: Frozen foods, from Rus irregular routes, transporting: Lime Arkansas, California, Colorado, Florida, sellville, Ark., to points in Alabama, Ari stone, limestone products, and mineral Georgia, Illinois, Indiana, Iowa, Kansas, zona, California, Colorado, Florida, filler, from points in Monroe County, HI., Kentucky, Louisiana, Michigan, Missis Georgia, Illinois, Indiana, Iowa, Kansas, to points in Missouri on and east of U.S. sippi, Missouri, North Carolina, Ohio, Kehtucky, Louisiana, Michigan, Minne Highway 65. N o t e : If a hearing is Oklahoma, South Carolina, Tennessee, sota, Mississippi, Missouri, Nebraska, deemed necessary, applicant requests it Texas, Virginia, West Virginia, and Wis North Carolina, Ohio, Oklahoma, South be held at St. Louis, Mo. consin, and exempt commodities, on re Carolina, Tennessee, Texas, Virginia, No. MC 119485 (Sub-No. 1), filed turn. N o t é : If a hearing is deemed nec West Virginia, and Wisconsin, and ex June 3, 1965. Applicant: HURDMAN essary, applicant does not specify a empt commodities on return. N ote : Ap BROS. LIMITED, Innes Road, Mobile location. plicant does not specify place of hearing Route No. 1, Ottawa 7, Ontario, Canada. No. MC 118130 (Sub-No. 21), filed if one is deemed necessary. Applicant’s representative: William D. June. 1, 1965.:! Applicant: BEN HAM No. MC 118139. (Sub-No. 25), filed Traub, 10 East 40th Street, New York, RICK, INC:, 2000 Chelsea Drive West, June 1, 1965. Applicant:' BEN HAM N.Y,,; 10016. Authority sought to operate Fort Worth,'Tex. Applicant’s attorney: RICK, INC., 2000 Chelsea Drive West, as a common carrier, by motor vehicle, M. W ard Bailey, 24th Floor, Continental Fort Worth, Tex. Applicant’s attor over irregular routes, transporting: Com Life Building, Fori Worth, Tex., 76102. ney: M. W ard Bailey, Continental Life modities, the transportation of which be Authority sought to operate as a common Building, Fort Worth, Tex, Authority cause of size or weight requires the use of carrier, by motor vehicle, over irregular sought to operate as a common carrier, special equipment, related machinery routes, transporting: Frozen foods, from by motor vehicle, over irregular routes, parts, related contractors’ materials and points in Hidalgo County, Tex., to points transporting: Meats, meat products and supplies when their transportation is in in Alabama, Arkansas, Colorado, Florida, meat byproducts, dairy products, and cidental to the transportation of com Georgia, Illinois, Indiana, Iowa, Kan articles distributed by meat packing modities which by reason of size or sas, Kentucky, Louisiana, Michigan, houses as described in sections A, B, arid weight require special equipment, be Minnesota, Mississippi, Missouri, Ne C of appendix I to the report in De tween the ports of entry located on the braska, North Carolina, Ohio, Oklahoma, scriptions in Motor Carrier Certificates, international boundary line between the South Carolina, Tennessee, Virginia, 61 M.C.C. 209 and 766, from (1) Lexing United States and Canada located along West Virginia, and Wisconsin, and ex ton, Nebr,, and poirits within 5 miles the St. Lawrence River westward from empt commodities, oh return. N o t e : thereof, (2) Minden, Nebr., and points and including RooSeveltown, N.Y., to and If a hearing is deemed necessary, appli within 5 miles thereof, and (3) Darr, including Alexandria Bay, N.Y., on the cant does not specify place of hearing. Nebr., and points within 5 miles thereof, one hand, and, on the other, points in No. MC 118130 (Sub-No. 22), filed to points in Alabama, Arizona, Arkansas, New York, New Jersey, Pennsylvania, June 1, 1965. Applicant: BEN H AM California, Colorado, Florida, Georgia, Maine, New Hampshire, Vermont, Con RICK, INC., 2000 Chelsea Drive West, Idaho, Illinois, Indiana, Iowa, Kansas, necticut, Massachusetts, and Rhode Fort Worth, Tex. Applicant’s attorney: Kentucky, Louisiana, Michigan, Minne Island, restricted to traffic moving in M. W ard Bailey, 24th Floor, Continental sota, Mississippi, Missouri, Nevada, foreign commerce, originating at or des Life Building, Fori Worth, Tex., 76102. North Carolina; Ohio, Oklahoma, Ore tined to points in Canada. N ote : If a Authority sought to operate as a com gon, South Carolina, Tennessee, Texas, hearing is deemed necessary, applicant mon carrier, by motor vehicle, over irreg Utah, Virginia, Washington, West Vir requests it be held at New York, N.Y. ular routes, transporting: Prepared food ginia, and Wisconsin, and exempt com No. MC 119531 (Sub-No. 40), filed June stuffs requiring refrigeration, from Deni modities on return. N o t e : Applicant 3, 1965. Applicant: DIECKBRADER son, Tex., to points in Arkansas, Louisi does not specify place of hearing if one EXPRESS, INC., 5391 Wooster Road, ana, Mississippi, Missouri, and Mobile, is deemed necessary. Cincinnati, Ohio. Applicant’s attorney: Ala., and Pensacola, Fla., and exempt No. ' MC 118196 (Sub-No. 29) Charles W. Siriger, 33 North La Salle commodities, on return. N o t e : If a (A M E N D M E N T ), filed March 15, 1965, Street, Chicago, 111. Authority Sought to hearing is deemed necessary, applicant published in F ederal R egister issue of operate as a common carrier, by motor requests it be held at Dallas, Tex. April 1,1965, and republished as amended vehicle, over irregular routes, transport No. MC 118130 (Sub-No. 23), filed this issue. Applicant: RATE & COM ing: Glassware and glass containers, with June 1, 1965, Applicant: BEN H AM PANY TRANSPORTS, INC., Post Office or without caps, covers or stoppers, and RICK, INC., 2000 Chelsea Drive West, Box 613, Hiway 71 North, Carthage, Mo. paper cartons, used in the packing of Forth Worth, Tex, Applicant’s attor Applicant’s attorney : Harry Ross, W ar glassware and glass containers, from ney: M. W ard Bailey, 24th Floor, Coh- ner Building, Washington, D.C., 20004. Winchester, Ind., to points in Illinois, T h u rs d a y , June 24, 1965 FEDERAL REGISTER 8133 Kentucky, Michigan, Missouri, Ohio, and plicant requests it be held at Chicago, The purpose of this republication is to Wisconsin, and damaged and rejected 111. add the origin point of Sioux City, Iowa. shipments of the commodities specified No. MC 119767 (Sub-No. 85), filed If a hearing is deemed necessary, appli above, on return. N ote : If a hearing is June 4, 1965. Applicant: BEAVER cant requests it be held at Des Moines, deemed necessary, applicant does not TRANSPORT CO., a corporation, 100 Iowa, or Omaha, Nebr. specify any particular place. South Calumet Street, Burlington, Wis. No. MC 124078 (Sub-No. 131) No. MC 119641 (Sub-No. 56), filed June Applicant’s representative: Fred H. Figge (AM ENDM ENT), filed March 15, 1965, 1,1965. Applicant: RINGLE EXPRESS, (same address as applicant). Authority published F ederal R eg ister issue April 1, INC,, 405 South Grant Avenue, Fowler, sought- to operate as a common carrier, 1965, and republished as amended Ind. Applicant’s attorney: Robert C. by motor vehicle, over irregular routes, this issue. Applicant: SCHW ERM AN Smith, 512 Illinois Building, Indianapolis transporting: Meats, meat products, TR UCK ING CO., a corporation, 611 4, Ind. Authority sought to operate as meat byproducts, dairy products, and South 28th Street, Milwaukee, Wis. a common carrier, by motor vehicle, over frozen foods, restricted against the 53246. Applicant’s attorney: James R. irregular routes, transporting: Tractors transportation of commodities in bulk, Ziperski, 611 South 28th Street, Mil (not including tractors with vehicle beds, from points in Coles County, 111., to waukee, Wis., 53246. Authority sought bed frames or fifth wheels, or those, points in Kentucky. N o t e : If a hearing to operate as a common carrier, by which because of size or weight, require is deemed necessary, applicant requests motor vehicle, over irregular routes, the use of special equipment), and at it be held at Chicago, HI. transporting: Fertilizer, fertilizer in tachments and parts therefor when No. MC 119934 (Sub-No. 95),’ filed gredients, acids, and chemicals, in bulk, transported in the same vehicle, at the May 28, 1965. Applicant: ECOFF in tank vehicles, from East Dubuque, same time, from New Orleans, La., to TRUCKING, INC., 625 East Broadway, 111., and points in Illinois, within 10 miles points in Alabama located within and Fortville, Ind. Applicant’s attorney: thereof, to points in Illinois, Indiana, west of Madison, Morgan, Cullman, Leonard A. Jaskiewicz, Madison Build Iowa, Kansas, Minnesota, Missouri, Ne Walker, Fayette, Pickins, Greene, Hale, ing, 1155 15th Street NW., Washington, braska, South Dakota, Wisconsin, Ohio, Marengo, Clarke, and Baldwin Counties, D.C., 20005. Authority sought to operate Kentucky, and Michigan. N o t e : The Ala.; points in Arkansas located within as a common carrier, by motor vehicle, purpose of this republication is to (1) and south of Lee, Monroe, Arkansas, over irregular routes, transporting: delete anhydrous ammonia and fertili Jefferson, Grant, Hot Spring, Pike, How Anhydrous ammonia, ammonium nitrate, zer materials; (2) restrict the commod ard, and Sevier Counties, Ark.; points urea, nitric add, sulphuric acid, and ity description to bulk, in tank vehicles in Kentucky located within and west of fertilizer solutions, liquid, in bulk, in and (3) add the destination States of Breckinridge, Grayson, Hart, Green, tank vehicles, from the plantsite of the Ohio, Kentucky, and Michigan. If a Adair, Russell, and Wayne Counties, K y.; American Cyanamid Co. at South River, hearing is deemed necessary, applicant and points in Louisiana, Mississippi, and Mo. (located near Palm yra), in Marion requests it be held at Chicago, 111. Tennessee (except those located within County, Mo., to points in Arkansas, Illi No. MC 124147 (Sub-No. 3) filed June Marion, Sequatchie, Hamilton, Rhea, nois, Indiana, Iowa, Kansas, Kentucky, 1, 1965. Applicant: ALAN P. GEREG, Meigs, McMinn, Bradley, Monroe, arid Michigan, Minnesota, Missouri, Ne INC., 32 Holley Street, Danbury, Conn. Polk Counties, Term.), and damaged and braska, North Dakota, Ohio, Oklahoma, Applicant’s attorney: Sidney L. Gold stein, 109 Church Street, New Haven, rejected shipments, on return. N o t e : South Dakota, Tennessee, Texas, and If a hearing is deemed necessary, appli Wisconsin. N ote : If a hearing is deemed Conn. Authority sought to operate as a cant requests it be held at New Orleans, necessary, applicant requests it be held common carrier, by motor vehicle, over irregular routes, transporting: Gravel La. at St. Louis, Mo. No. MC 119702 (Sub-No. 16), filed May No. MC 119934 (Sub-No. 96), filed June and sand, from points in Dutchess Coun 28t 1965. Applicant: STAHLY CART 1,1965. Applicant: ECOFF TRUCKING, ty, N.Y., to points in Fairfield and Litch AGE COMPANY, a corporation, 130-A INC., Fortville, Ind. Applicant’s attor field Counties, Conn. N o t e : If a hear Hillsboro Avenue, Edwardsville, 111. Ap ney: Robert C. Smith, 512 Hlinois Build ing is deemed necessary, applicant re plicant’s attorney: Leonard A. Jaskie- ing, Indianapolis, Ind. Authority sought quests it be held at Hartford, Conn. wicz, Madison Building, 1155 15th Street to operate as a common carrier, by motor No. MC 124174 (Sub-No. 35), filed June NW., Washington, D.C., 20005. Author vehicle, over irregular routes, transport 14,1965. Applicant: MOMSEN TRUCK ity sought to operate as a common car ing: Flour, in bulk from Decatur, HI., to IN G COMPANY, a corporation, High rier, by motor vehicle, over irregular Indianapolis, Ind., and damaged and ways 71 and 18 North, Box 309, Spencer, routes, transporting: Anhydrous am rejected shipments of the commodity Iowa, 51301. Authority sought to oper monia, ammonium nitrate, urea, nitric specified above, on return. N o t e : If a ate as a common carrier, by motor ve add, sulphuric acid, and fertilizer solu hearing is deemed necessary, applicant hicle, over irregular routes, transporting: tions, liquid, in bulk, in tank vehicles, requests it be held at Indianapolis, Ind. Anhydrous ammonia and fertilizer solu tions, in bulk, in tank vehicles, and dry from the plantsite of the American Cy- No. MC 123393 (Sub-No, 59) (AM END anamid Co. at South River, Mo. (located M ENT) , filed March 15, 1965, published fertilizers and fertilizer compounds, from near Palm yra), in Marion County, Mo., F ederal R egister issue April 1, 1965, and the plantsite of Cominco Products, Inc. to points in Arkansas, Illinois, Indiana, republished as amended this issue. located at or near Hoag, Nebr., to points Iowa, Kansas, Kentucky, Michigan, Min Applicant: BILYEU REFRIGERATED in Iowa, Kansas, South Dakota, Minne nesota, Missouri, Nebraska, North Da TRANSPORT CORPORATION, 1914 sota, Missouri, and Hlinois. N o t e : Com kota, Ohio, Oklahoma, South Dakota, East Blaine Street, Springfield, Mo. mon control may be involved. If a hear Tennessee, Texas, and Wisconsin. Applicant’s attorney: Herman W. Hu ing is deemed necessary, applicant re quests it be held at Omaha, Nebr. N o t e : If a hearing is deemed necessary ber, 101 East High Street, Jefferson City, applicant requests it be held at St. Louis, Mo. Authority sought to operate as a No. MC 124796 (Sub-No. 12), filed May 27, 1965. Applicant: CONTINENTAL Mo. common carrier, by motor vehicle, over No. MC 119767 (Sub-No. 83), filed May irregular routes, transporting: Meats, CONTRACT CARRIER CORP., 7236 24, 1965. Applicant: BEAVER TRANS meat products, meat byproducts and ar East Slauson, Los Angeles, Calif. Appli cant’s attorney: J. Max Harding, Box PORT CO., a corporation, 100 South ticles distributed by meat packinghouses, Calumet Street, Burlington, Wis. Ap as described in appendix I to the report 2028, Lincoln, Nebr. Authority sought to operate as a contract carrier, by motor plicant’s representative: Fred H. Figge in Descriptions in Motor Carrier Certifi vehicle, over irregular routes, transport (same address as applicant). Authority cates, 61 M.C.C. 209 and 766, from points ing: Upholstery and carpet tacking rims, sought to operate as a common carrier, in Dakota County, Nebr., and Sioux City, strips, and nails, adhesive cement, iron Iowa, to points in Maine, Vermont, New by motor vehicle, over irregular routes, and steel doors, and hardware therefor, transporting: Offal, derived from the Hampshire, Rhode Island, Massachu mechanic hand tools, advertising mate slaughter and/or processing of livestock, setts, Connecticut, New York, Pennsyl rials, and racks, and stands therefor, poultry, and/or fish, (1) from Austin, vania, New Jersey, Maryland, Delaware, from points in Los Angeles, Orange, and Minn., and Detroit, Mich., to points in West Virginia, Virginia, North Carolina, Riverside Counties, Calif., points in Clark Illinois, and (2) from Glasgow, Ky., to South Carolina, Alabama, Georgia, Flor County, Wash., points in Multnomah points in Illinois and Wisconsin. N o t e : ida, Missouri, and Washington, D C., and County, Oreg., and points in Mont If a hearing is deemed necessary, ap exempt commodities, on return. N o t e : gomery County, Ohio, to points in the 8134 NOTICES United States (except points in Maine, No. MC 125996 (Sub-No. 3) , filed May Michigan, Indiana, Hlinois, Wisconsin, Vermont, New Hampshire, Alaska, and 24, 1965. Applicant: JENSEN TRUCK Kentucky, West Virginia, Virginia, Penn Hawaii). N o t e : Applicant states the IN G CO., INC., 807 Washington Street, sylvania, Maryland, Delaware, New Jer proposed service is limited to a continu Gothenburg,) Nebr. Applicant’s attor sey, and New York, and materials and ing contract with Roberts Consolidated ney: Duane W . Acklie, Post Office Box supplies used and sold by the shipper and Industries, Inc., of City of Industry, 2028, Lincoln, Nebr., 68501. Authority refused, rejected, and damaged ship Calif. If a hearing is deemed necessary, sought to operate as a common carrier, ments, on return. N o t e : If a hearing applicant requests it be held at Wash by motor vehicle, over irregular routes, is deemed necessary, applicant requests ington, D.C., or Los Angeles, Calif. transporting: Commercial feeds and feed it to be held at Columbus, Ohio. No. MC 125915 (Sub-No. 2), filed June ingredients, (1) between points in Idaho, No. MC 127215 (Sub-No. 1), filed May 1, 1965. Applicant: WAYNE INGER- on the jme hand, and, on the other, 28, 1965. Applicant: KENDRICK SOLL, doing business as INGERSOLL points in Arkansas, Colorado, Montana, CARTAGE CO„ a corporation, Post TRANSFER, Rural Route 1, Waverly, Nevada, New Mexico, Utah, and Wyo Office Box 63, Salem, HI. Applicant’s Iowa. Applicant’s attorney: William B. ming, and (2) from points in Iowa, to attorney: Leonard A. Jaskiewicz, 1155 Mooney, First National Bank Building, points in Nebraska on and west of U.S. Fifteenth Street NW., Washington, D.C. Waverly, Iowa. Authority sought to Highway 281. N o t e : If a hearing is Authority sought to operate as a com operate as a contract carrier, by motor deemed necessary, applicant requests it mon carrier, by motor vehicle, over ir vehicle, over irregular routes, transport be held at Lincoln, Nebr. regular routes, transporting: Anhydrous ing: Beverage preparation, dry, from No. MC 126899 (Sub-No. 14), filed ammonia, ammonium nitrate, urea, ni Chilton, Wis;, to Waverly, Iowa. N o t e : June 1, 1965. Applicant: USHER tric acid, sulphuric acid, and fertilizer Applicant states that the proposed opera TRANSPORT, INC., 1415 South Third solutions, liquid, in bulk, in tank ve tion will be under contract with Carna Street, Paducah, Ky. Applicant’s at hicles, from the plantsite of the Ameri tion Co., Waverly, Iowa (general offices torney: George M. Catlett, Suite 703-706, can Cyanamid Co. at South River, Mo. Carnation Building, Los Angeles, C alif.). McClure Building, Frankfort, Ky. Au (located near Palmyra), in Marion If a hearing is deemed necessary, appli thority sought to operate a common car County, Mo., to points in Arkansas, Hli cant requests it be held at Des Moines, rier, by motor vehicle; over irregular nois, Indiana, Iowa, Kansas, Kentucky, Iowa. routes, transporting: Blends of liquid Michigan, Minnesota, Missouri, Ne No. MC 125932 (Sub-No. 2), filed May sugar with corn syrup, corn sugars and braska, North Dakota, Ohio, Oklahoma, 24, 1965. Applicant: KENZIE BIDDLE syrups, and blends thereof, invert sugar, South Dakota, Tennessee, Texas, and AND GENE FLAUGHER, a partnership, liquid sugar, and syrup, and flavoring, Wisconsin. N o te : If a hearing is deemed doing business as BIDDLE & FLAUG H in bulk, in tank trucks, from Cincinnati, necessary, applicant requests it be held ER, Rural Route No. 1, Foster, Ky. Ap Ohio, to points in Kentucky, West Vir at St. Louis, Mo. plicant’s attorney: Jack B. Josselson, ginia, Tennessee, Indiana, and Pennsyl No. MC 127215 (Sub-No. 2), filed June Atlas Bank Building, Cincinnati, Ohio, vania, and damaged and rejected ship 4,1965. Applicant : KENDRICK CART 45202. Authority sought to operate as a ments, on return. N o t e : If a hearing AGE COMPANY, a corporation, Post common carrier, by motor vehicle, over is deemed necessary, applicant requests Office Box 63, Salem, III. Applicant’s irregular routes, transporting: Milk it be held at Cincinnati, Ohio. attorney: Leonard A. Jaskiewicz, Madi products, milk byproducts, and fruit No. M C 127172 (AM ENDM ENT) filed son Building, 1155 15th Street NW., juices, fruit drinks, and fruit segments, April 19, 1965, published F ederal R eg Washington, D ;C. Authority sought to in containers (except such products when ist e r issue of May 5,1965, amended June operate as a common carrier, by motor unfrozen and in hermetically sealed con 7,1965, and republished as amended this vehicle, over irregular routes, transport tainers), from the plantsite of French issue. Applicant: PHILIP MARGO- ing: Ammonium nitrate, urea, fertilizer Bauer, division of The Co-Operative U E S , doing business as BI-STATE CAR materials, and fertilizer ingredients Pure Milk Association, located at Cincin RIERS, 140 Clyde Street; Evanston, 111., (other than liquid), from the plantsite nati, Ohio, to points in Kentucky, east of 60202. Applicant’s representative: of the American Cyanamid Co. at South a line beginning at the Kentucky-Indi- George S. Mullins, 4704 West Irving Park River, Mo. (located near Palmyra), in ana State line and extending along U.S. Road, Chicago, 111., 60641. Authority Marion County, Mo., to points in Arkan Highway 421 to junction U.S. Highway sought to operate as a common carrier, sas, Hlinois, Indiana, Iowa, Kansas, Ken 127, thence along U.S. Highway 127 to the by motor vehicle, over irregular routes, tucky, Michigan, Minnesota, Missouri, Kentucky-Tennessee State line, includ transporting: Camp baggage, including Nebraska, North Dakota, Ohio, Okla ing points on and within three (3) miles all personal effects of children and/or homa, South Dakota, Tennessee, Texas, of the indicated portions of the highways adults, while going to or from camp or and Wisconsin. N o t e : Applicant has specified. N o t e : Applicant states the while at camp, (1) between Chicago, HI., contract carrier authority under MC purpose of the above proposed operation and points in De Kalb, Cook, Du Page, 110117 and Subs thereunder, therefore, is to add the origin point of the plantsite Grundy, Kane, Kendall, Kankakee, Lake, dual operations may be involved. If to applicant’s present authority. If a McHenry, and Will Counties, HI., on the a hearing is deemed necessary, appli hearing is deemed necessary, applicant one hand, and, on the other, points in cant requests it be held at St. Louis, Mo. requests it be held at Cincinnati, Ohio. Michigan, Minnesota, and Wisconsin No. MC 127221 (AM EN D M EN T), filed No. M C 125956 (Sub-No. 3), filed June and (2) between points in Michigan, April 26,1965, published in F ederal R eg 9,1965. Applicant : JOHNSON BROTH Minnesota, and Wisconsin. N o t e : The ist e r issue of May 19, 1965, amended ERS TR U CK ING CO., a corporation,^ 16 purpose of this republication is to add June 10, 1965, and republished as Valley Drive SE., Vienna, Va. Appli ten (10) counties in Hlinois td authority amended this issue. Applicant: W IL cant’s attorney: Louis Reznek, 5009 Keo sought in (1) above. Applicant states LIAM C. RACINE, 2676 Carpenter Road, kuk Street, Washington 16, D.C. Au the proposed operations will be seasonal Lapeer, Mich. Applicant’s attorney: thority sought to operate as a contract between May 1st and October 30th both Walter N. Bieneman, Suite 1700, One carrier, by motor vehicle, over irregular inclusive, of each year. If a hearing is Woodward Avenue, Detroit, Mich., 48226. routes, transporting: Brick, cement, deemed necessary, applicant requests it Authority sought to operate as a con cinder and concrete block, sand, gravel, be held at Chicago, HI. tract carrier, by motor vehicle, over ir lintel, flue-lining, fire-place dampers, No. MC 127203, filed April 23, 1965, regular routes, transporting: Prepared clean-out doors, and ash-dUmps, from Applicant: GREENHOUSE HAULERS, foods, requiring mechanically refriger Washington, D.C., points in Montgomery,' INC., 430 West Bagley Road, Berea, Ohio. ated equipment, in shipper-owned and Charles, and Prince Georges Counties, Applicant’s attorney: George S. Maxwell, carrier-owned trailers, between Kala Md., to Herndon, Va. N o t e : Applicant Suite 948, Leader Building, Cleveland, mazoo and Flint, Mich., on the one hand, states the proposed service to be for the Ohio, 44114. Authority sought to oper and, on thi$ other, points in Michigan. account of the Cherrydale Cement Block ate as a common carrier, by motor ve N o t e : The purpose of this republica Co., of Herndon, Va. If a hearing is hicle, over irregular routes, transport tion is to broaden the scope of authority deemed necessary, applicant requests it ing: Vegetable packinghouse products, sought by adding Flint, Mich., to the be held at Washington, D.C. from Berea, Ohio to points in Ohio, territorial description. Applicant states Thursday, June 24, 1965 FEDERAL REGISTER 8135 that the above proposed service will be intermediate points; (3) between junc part IV of the Interstate Commerce Act performed under continuing contract tion Interstate Highway 35 and Iowa as a freight forwarder in interstate or with Dean Foods Co., Chicago, 111. If a Highway 106 and Mason City, Iowa, over foreign commerce, in the forwarding of hearing is deemed necessary, applicant Iowa Highway 106, serving all inter used household goods, used automobiles, requests it be held at Lansing, Mich. mediate points; and (4) between junc and unaccompanied baggage, between No. MC 127304 filed May 26, 1965. tion Interstate Highway 35 and U.S. points in the United States, including Applicant: CLEAR W ATER TRUCK Highway 20 and Iowa Falls, Iowa, over Alaska and Hawaii. U.S. Highway 20,. serving all interme COMPANY, INC., 410 Fourth National A pplications for W ater C arriers Bank Building, Wichita, Kans. Appli diate points. N o t e : If a hearing is cant’s attorney: James F. Miller, Suite deemed necessary, applicant requests it WATER CARRIERS OF PROPERTY N-13 Medical and Professional Building, be held at Minneapolis, Minn. No. W -5 (Sub-No. 5) (IGERT— E X 7501 Mission Road, Shawnee Mission, No. MC 123655 (Sub-No. 3), filed June TENSION— ARKANSAS R IV E R ), filed Kans. Authority sought to operate as a 1, 1965.v Applicant: SOUTHERN TIER June 7, 1965. Applicant: IGERT, Post contract carrier, by motor vehicle, over STAGES, INC., 375 State Street, Bing Office Box 606, Paducah, Ky. Appli irregular routes, transporting: Fluoro- hamton, N.Y. Applicant’s attorney: cant’s attorney: John C. Lovett, Lovett chloro hydrocarbons, including mono- James E. Wilson, Perpetual Building, Building, Benton, Ky. Application of fluoromethane, dichlorofluoromethane, 1111 E Street NW., Washington 4, D.C. Igert filed June 7,1965, for a revised cer and monochlorodifluoromethane, in con Authority sought to operate as a common tificate authorizing extension of its oper tainers, in cylinders, and in bulk, from carrier, by motor vehicle, over regular ations to include operation as a common Wichita, Kans., to points in the United routes, transporting: Passengers and carrier by water in interstate or foreign States (except Alaska and H aw aii). their baggage, and express in the same commerce, by non-self-propelled vessels N o t e : Common control may be involved. vehicle with passengers, between Mon with the use of separate towing vessels If a hearing is deemed necessary, appli trose, Pa., and Scranton, Pa., from in the transportation of general com cant requests it be held at Wichita, Elans. Montrose over Pennsylvania Highway 29 modities, and by towing vessels in the to Tunkhannock, Pa., thence over Penn M otor C arriers o f P assengers performance of general towage (a) be sylvania Highway 307 to Scranton, and tween ports and points along the Ver No. MC 3647 (Sub-No. 373), filed June return over the same route, serving all digris River and its tributaries and the 8, 1965. Applicant: PUBLIC SERVICE intermediate points. N o t e : If a hearing Arkansas River and its tributaries from COORDINATED TRANSPORT, a corpo is deemed necessary, applicant requests Catoosa, Okla., to the confluence of the ration, 180 Boyden Avenue, Maplewood, it be held at Scranton, Pa. Arkansas River with the Mississippi N.J. Applicant’s attorney: Richard Fry- No. MC 127302, filed May 25, 1965. River, including the Arkansas Post Canal ling (same address as applicant). Au Applicant: FOX RIVER BUS LINES, and the White River, and (b) between thority sought to operate as a common INC., 1014-1018-1024 West Wisconsin ports and points specified in (a) above, carrier, by motor vehicle, over regular Avenue, Appleton, Wis. Applicant’s at on the one hand, and, on the other, ports routes, transporting: Passengers and torney: William C. Dineen, 412 Empire and points on the rivers and waterways their baggage and express and news Building, 710 North Plankinton Avenue, which applicant is presently authorized papers, in the same vehicle with passen Milwaukee, Wis., 53203. Authority sought to serve; namely, between ports and gers, (1) between junction U.S. Highway to operate as a common carrier, by motor points along the Tennessee River and its 1 and Milltown Road in North Brunswick vehicle, over irregular routes, transport tributaries, the Cumberland River, and Township, N.J., and Trenton, N.J., over ing: Passengers and their baggage in the its tributaries, below and including Car U.S. Highway 1, serving all intermediate same vehicle with passengers, in round thage, Tenn., the Green River and its points, restricted against the transport trip charter operations, beginning and tributaries, and the Ohio River below and ing of passengers between New York, ending at points in Winnebago and Outa including the mouth of the Green River. gamie Counties, Wis., and extending to N.Y., on the one hand, and, on the other, No. W -H 4 (Sub-No. 3) (Ar r o w points along U.S. Highway 1; between points in the United States (except Alas TRANSPORTATION CO.— E X TEN- junction U.S. Highways 1 and 130 in ka, Hawaii, California, Oregon, Wash SI O N—ARKANSAS RIVER), filed North Brunswick Township, N.J., and ington, Montana, Idaho, Utah, Arizona, June 10, 1965. Applicant: ARROW junction U.S. Highway 1 and Stout’s and Nevada). N o t e : If a hearing is TRANSPORTATION COMPANY, Shef Lane in South Brunswick Township, deemed necessary, applicant requests it field, Ala. Applicant’s attorney: John C. N.J.; (2) between junction U.S; Highway be held at Appleton, Wis. / Lovett, Lovett Building, Benton, Ky. 1 and New Jersey County Highway 571 A p p l ic a t io n for B rokerage L ic e n s e Application of Arrow Transportation in West Windsor Township, N.J., and Co. filed June 10, 1965, for a revised MOTOR CARRIER OF PROPERTY junction New Jersey County Highway certificate authorizing extension of its 571 and New Jersey Highway 33 in No. MC 12956, filed May 28,1965. Ap operations to include operation as a Hightstown, N.J., over New Jersey plicant: ROBERT E. SWANSON, doing common carrier by water in interstate or County Highway 571, serving all inter business as SW ANSON BROKERAGE, foreign commerce, by non-self-propelled mediate points. N o t e : Applicant states 1211 South Sixth Street, Stillwater, vessels with the use of separate towing that it intends to segment the above two Minn. For a license (BM C 4) to engage vessels in the transportation of general routes with its existing routes and the in operations as a broker at Stillwater, commodities, and by towing vessels in proposed routes as described in MC 3647 Minn., in arranging for the transporta the performance of general towage, (1) (Sub-No. 368). If a hearing is deemed tion in interstate or foreign commerce, of between ports and points along the Ar necessary, applicant requests it be held general commodities (except articles of kansas River and its tributaries and the at Newark, N.J. unusual value, Classes A and B explo Verdigris River and its tributaries from No. MC 60325 (Sub-No. 5), filed sives, household good and commodities Catoosa, Okla., to the confluence of the April 9, 1965. Applicant: JEFFERSON injurious or contaminating to other Arkansas River with the Mississippi TRANSPORTATION COMPANY, a cor lading), between points in the United River, including the Arkansas Post Canal poration, 1114 Currie Avenue, Minneap States, including the ports of entry lo and the White River, and (2) between olis, Minn. Applicant’s attorney: D. C. cated on the international boundary line ports and points specified in (1) above, Nolan, 402 Iowa State Bank Building, between the United States and Canada. on the one hand, and, on the other, Iowa City, Iowa. Authority sought to ports and points along the Tennessee operate as a common carrier, by motor A p p l ic a t io n for F r e ig h t F orw arders River and its tributaries and ports and vehicle, over regular routes, transport FREIGHT FORWARDER OF PROPERTY points along the Ohio and Mississippi ing: Passengers and their baggage and Rivers from Louisville, Ky., to St. Louis, express, newspapers, and mail, in the No. FF-317 (VANPAC CARRIERS, Mo., inclusive. same vehicle with passengers, (1) be INC.) FREIGHT FORWARDER APPLI No. W-381 (Sub-No. 12) (FEDERAL tween Minneapolis, Minn., and Kansas CATION, filed June 7, 1965. Applicant: BARGE LINES, INC.—EXTENSION- City, Mo., over Interstate Highway 35, VANPAC CARRIERS, INC., 2114 Mac serving all intermediate points; (2) be Donald Avenue, Richmond, Calif. Appli AR K ANSAS R IV E R ), filed June 10,1965. tween junction Interstate Highway 35 cant’s attorney: Alan F. Wohlstetter, 1 Applicant: FEDERAL BARGE LINES, and U.S. Highway 18 and Mason City, Farragut Square South, Washington, INC., 611 East Marceau Street, St. Louis, Iowa, over U.S. Highway 18, serving all D.C., 20006. Authority sought under Mo. Application of Federal Barge Lines, 8136 NOTICES Inc. filed June 10, 1965, for a revised over U.S. Highway 30 to Pittsburgh, and of New York Highway 57 between Syra certificate authorizing extension of its return over the same route, serving all cuse and Fulton, N.Y., including Fulton operations to include operation as a intermediate points and all off-route and the off-route point of Utica, N.Y.; common carrier by water in interstate points within 10 miles of the above spec (9) between Jersey City, N.J., and or foreign commerce, by non-self-pro ified highways; (2) between Baltimore, Buffalo, N.Y.; from Jersey City over pelled vessels with the use of separate Md., and Buffalo, N.Y.; from Baltimore UB. Highway 22 to junction New Jersey towing vessels in the transportation of over U B . Highway 111 to Lemoyne, Pa., Highway 69. general commodities and by towing thence over U.S. Highway 15 to junction Thence over New Jersey Highway 69 vessels in the. performance of gen U.S. Highway 20, thence over U.S. High to junction UB. Highway 46, thence eral towage (a) between ports and way 20 to junction New York Highway over U.S. Highway 46 to junction U.S. points along the Verdigris River and the 130, thence over New York Highway 130 Highway 611, thence over U.S. Highway Arkansas River from Catoosa, Okla., to to Buffalo, and return over the same 611 to junction Pennsylvania Highway the confluence of the Arkansas River route, serving all intermediate points and 307, thence over Pennsylvania Highway with the Mississippi River including the all off-route points within 10 miles of the 307 to Scranton, Pa., thence over UB. Arkansas Post Canal; and (b) between above specified highways; (3) between Highway 11 to junction U B . Highway 20, ports and points specified in (a) above, Baltimore, Md., and Rochester, N.Y.; thence over U.S. Highway 20 to junc on the one hand, and, on the other, ports from Baltimore over U.S. Highway 111 to tion New York Highway 130, thence and points which applicant is presently Lemoyne, Pa., thence over U.S. Highway over New York Highway 130 to Buf authorized to serve pursuant to its cer 15 to Rochester, and return over the falo, and return over the same route, tificate of public convenience and neces same route, serving all intermediate serving all intermediate and off-route sity issued February 17, 1964, in Docket points and all off-route points within points within 10 miles of U.S. High No. W-381, as amended. 10 miles of the above specified high way 22, all intermediate and off-route No. W-923 (Sub-No. 13) (GULF- ways; (4) between Baltimore, Md., and points on and within 10 miles of UB. CANAL LINES, INC.—EXTENSION—. Syracuse, N.Y.; from Baltimore over U.S. Highway 11, all intermediate and off- ARKANSAS RIVER) filed June 10, 1965. Highway 111 to Lemoyne, Pa. route points within 10 miles of U.S. Applicant: GULF-CANAL LINES, INC., Thence over U.S. Highway 11 to Syra Highway 20 and New York Highway 611 East Marceau Street, St. Louis, Mo. cuse, and return over the same route, 130, and the off-route points on and Application of Gulf-Canal Lines, Inc. serving all intermediate points and all within 10 miles of U.S. Highway 15 be filed June 10, 1965, for a revised certif off-route points within 10 miles of the tween the junction of U.S. Highways 20 icate authorizing extension of its opera above specified highways, and as and 15 and Rochester, N.Y., including tions to include operation as a common off-route points all points on and Rochester, N .Y .; (10) between Jersey carrier by water in interstate or foreign within 10 miles of New York High City, N.J., and Syracuse, N.Y.; from commerce, by non-self-propelled vessels way 57 between Syracuse and Fulton, Jersey City over U.S. Highway 22 to with the use of separate towing vessels N.Y., including Fulton; and the off- junction New Jersey Highway 69, thence in the transportation of general com route point of Utica, N.Y., (5) between over New Jersey Highway 69 to junc modities, and by towing vessels in the Wilmington, Del., and Pittsburgh, Pa.; tion U.S. Highway 46, thence over U.S. performance of general towage between from Wilmington over Delaware High Highway 46 to junction U.S. Highway ports and points along the Verdigris way 48 to junction Delaware Highway 611, thence over U.S. Highway 611 to River and the Arkansas River from Cat 41, thence over Delaware Highway 41 to junction Pennsylvania Highway 307, oosa, Okla., to the confluence of the A r the Delaware-Pennsylvania State line, thence over Pennsylvania Highway 307 kansas River with the Mississippi River thence over Pennsylvania Highway 41 to Scranton, Pa., thence over U.S. including the Arkansas Post Canal, on (via Gap, Pa.) to junction U.S. Highway Highway 11 to Syracuse, and return over the one hand, and, on the other, ports 30, thence over U.S. Highway 30 to junc the same route, serving all intermediate and points which applicant is presently tion U.S. Highway 230, thence over U.S. and off-route points within 10 miles of authorized to serve pursuant to its cer Highway 230 to Harrisburg, Pa., thence U.S. Highway 22, all intermediate and tificate of public convenience and neces over Pennsylvania Turnpike to Pitts off-route points on and within 10 miles sity issued March 24, 1964, in Docket No. burgh, and return over the same route, of U B . Highway 11 between Scranton, W-923, as amended. serving all intermediate points and off- Pa., and Syracuse, N.Y., and the off- route points within 10 miles of above route point of Utica, N.Y., and all off- A pplications i n W h ic h H a n d l in g W i t h specified numbered highways; (6) be route points on and within 10 miles of o u t O ral H ea r in g H as B e e n R equested tween Philadelphia, Pa., and Buffalo, New York Highway 57 between Syracuse MOTOR CARRIERS OF PROPERTY N.Y., from Philadelphia over U.S. High and Fulton, N.Y., including Fulton; (11) way 309 to junction U.S. Highway 11, No. MC 531 (Sub-No. 189), filed between Jersey City, N.J., and Syracuse thence over U.S. Highway 11 to May 24, 1965. Applicant: YOUNGER N.Y.; from Jersey City over U.S. High junction U.S. Highway 20, thence over BROTHERS, INC., 4904 Griggs Road, way 9W (also over U.S. Highway 9 to U.S. Highway 20 to junction New Houston, Tex. Authority sought to oper Poughkeepsie, N.Y., thence over Hudson York Highway 130, thence over New ate as a common carrier, by motor ve River Bridge to U.S. Highway 9W) to York Highway 130 to Buffalo, and re hicle, over irregular routes, transporting: junction New York Highway 5, thence turn over the same route, serving all Aluminum powder, in bulk, in tank ve over New York Highway 5 to Utica, intermediate points and off-route points hicles, from Alcoa, Tenn., and Louisville, N.Y. within 10 miles of the above specified Ky., to Westlake, La. Thence over New York Thruway to highways; (7) between Philadelphia, Pa., No. MC 1824 (Sub-No. 35), filed Febru Syracuse, and return over the same and Rochester, N.Y.; from Philadelphia ary 26, 1965. Applicant: PRESTON route, serving all intermediate and off- over U.S. Highway 309 to junction U.S. TRUCKING COMPANY, INC., 151 route points on and within 10 miles of Highway 11, thence over UJS. Highway Easton Boulevard, Preston, Md. Appli U.S. Highways 9, 9W and New York 11 to junction U.S. Highway 20, thence cant’s attorney : William J. Little, 1513 Highway 5, between Jersey City, N.J., over U.S. Highway 20 to junction U.S. Fidelity Building, Baltimore, Md., 21201. and Utica, N.Y.,* (12) between Jersey Highway 15, thence over U.S. Highway Authority sought to operate as a common City, N.J., and Pittsburgh, Pa.; from 15 to Rochester, and return over the carrier, by motor vehicle, over regular Jersey City over U B . Highway 22 to same route, serving all intermediate routes, transporting: General commodi junction U B . Highway 222, thence over points and off-route points within 10 ties (except dangerous explosives, live U B . Highway 222 to junction U.S. High miles of the above specified highways; stock, household goods as defined in way 30, thence over U.S. Highway 30 to Practices of Motor Common Carriers of (8) between Philadelphia, Pa., and Syra Pittsburgh, and return over the same cuse, N.Y.; from Philadelphia over U.S. Household Goods, 17 M.C.C. 467, com route, serving all intermediate and off- Highway 309 to junction U.S. Highway route points on and within 10 miles of modities in bulk, and those requiring 11, thence over U.S. Highway 11 to Syra U.S. Highways 22, 222, and 30 between special equipment), (1) between Balti cuse, and return over the same route, Jersey City, N.J., and Gettysburg, Pa., more, Md., and Pittsburgh, Pa.; from serving all intermediate points and off- and all intermediate and off-route points Baltimore over U.S. Highway 40 to route points within 10 miles of the above on and within 10 miles of U.S. Highway Hagerstown, Md., thence over U.S. High specified highways, and as off-route 30 between Chambersburg, Pa., and way 11 to Chambersburg, Pa., thence points all points on and within 10 miles Pittsburgh, Pa.; (13) between Jersey Thursday, June 24, 1965 FEDERAL REGISTER 8137 City, N.J., and Harrisburg, Pa.; from to Fall River, and return over the same way 2 to its junction with New York Jersey City over U.S. Highway 22 to route, serving all intermediate points, Highway 2, thence over New York High junction U.S. Highway 222, thence over (5) between Brockton and New Bedford, way 2 to Watervliet, N.Y., thence over U.S. Highway 222 to junction UJ3. High Mass., from Brockton over Massachu New York Highway 32 to Albany), and way 322, thence over U.S. Highway 322 to setts Highway 28 to Middleboro, Mass. return over the same route, serving all junction U.S. Highway 422, thence over Thence over Massachusetts Highway intermediate points, (13) between Man U.S. Highway 422 to Harrisburg, and 18 to New Bedford, and return over the chester, N.H., and Rutland, Vt., from return over the same route, serving all same route, serving all intermediate Manchester over Interstate Highway 93 intermediate points and the off-route points, (6) between Brockton and Plym to Bow, N.H., thence over Interstate points within 10 miles of the above outh, Mass., from Brockton over Mas Highway 89 to Hopkinton, N.H., thence specified highways; (14) between W ash sachusetts Highway 27 to its junction over New Hampshire Highway 103 to ington, D.C., and Pittsburgh, Pa.; from with Massachusetts Highway 3A, thence New Hampshire-Vermont State line, Washington over Interstate Highway 495 over Massachusetts Highway 3A to Plym thence over Vermont Highway 131 to to junction Interstate Highway 70S, outh, and return over the same route, Ludlow, Vt., thence over Vermont High thence over Interstate Highway 70S to serving all intermediate points, (7) be way 103 to Clarendon, Vt., thence over junction U.S. Highway 40, thence over tween Taunton, Mass., and Providence, U.S. Highway 7 to Rutland, Vt., and re U.S. Highway 40 to junction Interstate R.I., from Taunton over U.S. Highway 44 turn over the same route, serving all in Highway 70, thence over Interstate to Providence and return over the same termediate points, (14) between Keene, Highway 70 to junction Pennsylvania route, serving all intermediate points, N.H., and Rutland, Vt., from Keene, Highway 126, thence over Pennsylvania (8) between New Bedford, Mass., and N.H., over New Hampshire Highway 12 Highway 126 to junction Pennsylvania Providence, R.I., from New Bedford over to its junction with U.S. Highway 5, Turnpike, thence over Pennsylvania U.S. Highway 6 to Providence, and re thence over U.S. Highway 5 to its junc Turnpike to Pittsburgh, and return over turn over the same route, serving all in tion with Vermont Highway 103, thence the same route, serving no intermediate termediate points, (9) between M an over Vermont Highway 103 to Clarendon, points; and (15) between Pittsburgh, Pa., chester, N.H., and Derby Line, Vt., from Vt., thence over U.S. Highway 7 to Rut and Syracuse, N.Y.; from Pittsburgh Manchester over Interstate Highway 93 land, and return over the some route, over U.S. Highway 19 to junction Inter to Plymouth, N.H. (also from Manchester serving all intermediate points, (15) be state Highway 90, thence over Interstate over U.S. Highway 3A to its junction with tween White River Junction and Rutland, Highway 90 to Syracuse, and return over New Hampshire Highway 25 at Rumney, Vt., from White River Junction over U.S. the same route, serving no intermediate N.H.), thence over New Hampshire Highway 4 to Rutland, and return over points, serving Buffalo and Rochester, Highway 25 to Haverhill, N.H., thence the same route, serving all intermediate N.Y., as off-route points. N o t e : This over New Hampshire Highway 10 to points, (16) between Manchester and application is filed pursuant to M C-C Wells River, Vt., thence over U.S. Littleton, N.H., (a) from Manchester 4366, effective May 1, 1964, which pro Highway 5 to the port of entry on over Interstate Highway 93 to Littleton; vides the special rules for conversion of the international boundary line be and (b) from Manchester over U.S. irregular to regular route motor carrier tween the United States and Canada Highway 3 to Franconia, N.H. operations. S p e c ia l N o t e : Protests to located at Derby Line, Vt., and re Thence over New Hampshire Highway this application may be filed within 45 turn over the same route, serving all 18 to Littleton, and return over the same days instead of 30 days. intermediate points, (10) between Man routes, serving all intermediate points, No. M C 4941 (Sub-No. 17), filed chester and Berlin, N.H., from Man (17) between White River Junction and February 25, 1965. Applicant: QUINN chester over Interstate Highway 93 to South Royalton, Vt., from White River FREIGHT LINES, INC., 1093 North New Hampton, N.H., thence over New Junction over Vermont Highway 14 to Montello Street, Brockton, Mass. Ap Hampshire Highway 104 to Meredith, South Royalton, and return over the same plicant’s attorney: Mary E. Kelley, 10 N.H., thence over New Hampshire High route, serving all intermediate points, Tremont Street, Boston, Mass. Author way 25 to West Ossipee, N.H., thence (18) between Plymouth and Groveton, ity sought to operate as a common car- over New Hampshire Highway 16 to Ber N.H., from Plymouth over U.S. Highway rier, by motor vehicle, over regular lin, and return over the same route, 3 to Groveton, and return over the same routes, transporting: General commodi serving all intermediate points, (11) be route, serving all intermediate points, ties (except those of unusual value, Class tween Manchester and Berlin, N.H., from (19) between Littleton and Whitefield, A and B explosives, household goods as Manchester over U.S. Highway 3 to Sun- N.H., from Littleton over New Hamp defined by the Commission, commodities cook, N.H., thence over New Hamp shire Highway 116 to Whitefield, and requiring special equipment, and those shire Highway 28 to Ossipee, N.H. (also return over the same route, serving all injurious or contaminating to other from Manchester over U.S. Highway 3 to intermediate points, (20) between Wells lading), (1) between Brockton and Meredith, N.H., thence over New Hamp River, and Burlington, Vt., from Wells Gloucester, Mass., from Brockton over shire Highway 25 to its junction with River over U.S. Highway 302 to Mont Massachusetts Highway 28 to junction New Hampshire Highway 16 at West Os pelier, Vt., thence over Interstate High of Massachusetts Highway 128, thence sipee) ; thence over New Hampshire way 89 to Burlington, and return over over Massachusetts Highway 128 to Highway 16 to Berlin, and return over Gloucester, and return over the same the same route, serving all intermediate the same route, serving all intermediate points, (21) between Burlington, Vt., and route, serving all intermediate points, points, (12) between Portsmouth, N.H., (2) between Brockton and Worcester, port of entry on the international bound and Albany, N.Y., (a) from Portsmouth Mass., from Brockton over Massachu ary line between the United States and over New Hampshire Highway 101 to setts Highway 27 to its junction with Canada, located at Highgate Springs, Keene, N.H., thence over New Hamp Massachusetts Highway 9, thence over Vt., from Burlington over U.S. Highway shire Highway 9 to the New Hampshire- Massachusetts Highway 9 to Worcester, 7 to port of entry on the international Vermont State line, thence over Ver and return over the same route, serving boundary line between the United States mont Highway 9 to the New York-Ver all intermediate points, (3) between and Canada, located at Highgate Springs, mont State line. Brockton, Mass., and Providence, R.I., Vt., and return over the same route, from Brockton over Massachusetts Thence over New York Highway 7 to serving all intermediate points, (22) be Highway 123 to its junction with U.S. Albany, and return over the same route, tween St. Albans, Vt., and port of entry Highway 1, thence over U.S. Highway 1 serving all intermediate points, (b) on the international boundary line be to Providence, and return over the same from Portsmouth, over New Hampshire tween the United States and Canada, route, serving all intermediate points, Highway 101 to Manchester, N.H., thence located at Richford, Vt., from St. Albans (4) between Boston and Fall River, over Interstate Highway 93 to Andover, over Vermont Highway 105 to Richford, Mass., thence over Interstate Highway Mass., from Boston over Southeast thence over Vermont Highway 13 to the 495 to Southville, Mass., thence over international boundary line between the Expressway to its junction with Mas Interstate Highway 90 to Selkirk, N.Y., United States and Canada, near Rich sachusetts Highway 128, thence over thence over Interstate Highway 87 to ford, and return over the same route, Massachusetts Highway 128 to its junc Albany, N.Y. (also from Andover, Mass., serving all intermediate points, (23) be tion with Massachusetts Highway 24, over Interstate Highway 495 to Littleton, tween Bennington and Rutland, Vt„ thence over Massachusetts Highway 24 Mass., thence over Massachusetts High from Bennington over U.S. Highway 7 No. 121------7 8138 NOTICES to Rutland, and return over the same ginia Highway 92 to its junction with thence over U.S. Highway 11 to junction route, serving all intermediate points, West Virginia Highway 7, thence over with Virginia Highway 42, thence over (24) between Swanton, Vt., and Platts West Virginia Highway 7 to King- Virginia Highway 42 to its junction with burgh, N.Y., from Swanton over Vermont wood, and return over the same route, U.S. Highway 60, thence over U.S. High Highway 78 to its junction with U.S. serving all intermediate points, (35) way 60 to Charleston, and return over Highway 2, thence over U.S. Highway 2 between Clarksburg and Morgantown, the same route, serving all intermediate to Rouses Point, N.Y. W. Va., (a) from Clarksburg over points, (47) between Wheeling and Val Thence over U.S. Highway "1 to Cham U.S. Highway 50 to its junction with ley Grove, W . Va., from Wheeling over plain, N.Y., thence over U.S. Highway 9 U.S. Highway 149, thence over U.S. U.S. Highway 40 to Valley Grove, and to Plattsburgh, and return over the same Highway 149 to Morgantown; and return over the same route, serving all route* serving all intermediate points, (b) from Clarksburg over U.S. Highway intermediate points, (48) between Balti (25) between Burlington, Vt., and ports 50 to Bridgeport, thence over West Vir more, Md., and Clarksburg, W. Va., (a) of entry on the international boundary ginia Highway 73 to Morgantown, and from Baltimore over U.S. Highway 40 to line between the United States and Can return over the same routes, serving all its junction with U.S. Highway 340, ada, located at Rouses Point and Cham intermediate points, (36) between Mor thence over U.S. Highway 340 to Berry- plain, N.Y., (a) from Burlington over gantown and Reedsville, W . Va., from ville, Va., thence over Virginia Highway U.S. Highway 2 to Rouses Point, thence Morgantown over West Virginia High 7 to Winchester, Va., thence over U.S. over Vermont Highway 9B to interna way 7 to Reedsville, and return over the Highway 50 to Clarksburg, and return tional boundary line between the United same route, serving all intermediate over the same route, serving all inter States and Canada (also from Rouses points, (37) between Fairmont and mediate points, and (b) from Baltimore Point over U.S. Highway 11 to Cham Hoard, W . Va., from Fairmont over U.S. over U.S. Highway 40 to its junction with plain, N.Y., thence over U.S. Highway 9 Highway 19 to Morgantown. Interstate Highway 695, thence over In to the international boundary line be Thence over U.S. Highway 119 to terstate Highway 695 to its junction with tween the United States and Canada), Hoard, and return over the same route, Maryland Highway 26, thence over and return over the same route, serving serving all intermediate points, (38) be Maryland Highway 26 to Frederick, Md., all intermediate points, (26) between tween Clarksburg and Elkins, W . Va., thence over U.S. Highway 340 to Berry- Springfield, Mass., and Wells River, Vt., from Clarksburg over West Virginia ville, Va., thence over Virginia Highway from Springfield over U.S. Highway 5 to Highway 20 to its junction with U.S. 7 to Winchester, Va., thence over U.S. Wells River, and return over the same Highway 119, thence over U.S. Highway Highway 50 to Clarksburg, W. Va., and route serving all intermediate points, 119 to Buckhannon, thence over U.S. return over the same route, serving all (27) between Plattsburgh and Glens Highway 33 to Elkins, and return over intermediate points in West Virginia and Palls, N.Y., from Plattsburgh over In the same route, serving all intermediate Garrett County, Md., (49) between Balti terstate Highway 87 to Glens Falls, points, (39) between Clarksburg and more, Md., and Wheeling, W . Va., from and return over the same route, serv Harding, W. Va., from Clarksburg over Baltimore over U.S. Highway 40 to ing all intermediate points, (28) be West Virginia Highway 20 to its junction Wheeling, and return over the same tween Fitchburg, Mass., and Keene, with West Virginia Highway 57, thence route, serving all intermediate points in N.H., from Fitchburg, over Massachu over West Virginia Highway 57 to its West Virginia, Hagerstown and Cumber setts Highway 12 to Massachusetts- junction with U.S. Highway 250, thence land, Md., and those in Garrett County, New Hampshire State line, thence over over U.S. Highway 250 to Harding, and Md., (50) between Pittsburgh, Pa., and New Hampshire Highway 12 to Keene, return over the same route, serving Baltimore, Md., (a) from Pittsburgh over and return over the same route, serv all intermediate points, (40) between Pennsylvania Highway 51 to its junction ing all intermediate points, (29) be Clarksburg and Huntington, W . Va., with Interstate Highway 70S. tween Clarksburg and Newell, W . Va., from Clarksburg over U.S. Highway 19 Thence over Interstate Highway 70S from Clarksburg over U.S. Highway 19 to to its junction with West Virginia High to its junction with Pennsylvania Turn its junction with West Virginia High way 4, thence over West Virginia High pike located at New Stanton, thence over way 20, thence over West Virginia High way 4 to Huntington, and return over the Pennsylvania Turnpike to Harrisburg, way 20 to its junction with West Virginia same route, serving all intermediate Pa., thence over Interstate Highway 83 Highway 2, thence over West Virginia points, (41) between Weston and to Baltimore, and return over the same Highway 2 to Newell, and return over the Clendenin, W . Va., from Weston over route, serving all intermediate points same route, serving all intermediate U.S. Highway 119 to Clendenin, and and off-route points within forty-five points, (30) between Clarksburg and return over the same route, serving (45) miles of Pittsburgh, Pa., (b) from Moundsville, W . Va., from Clarksburg all intermediate points, (42) between Pittsburgh over Pennsylvania Highway over U. S. Highway 19 to Fairmont. Charleston and Parkersburg, W. Va., 51 to its junction with Interstate Highway Thence over U.S. Highway 250 to from Charleston over U.S. Highway 21 to 70S, thence over Interstate Highway 70S Moundsville, and return over the same Parkersburg, and return over the same to its junction with Pennsylvania Turn route, serving all intermediate points, route, serving all intermediate points, pike located at New Stanton, thence (31) between Clarksburg and Sistersville, and the off-route point of Ravenswood, over Pennsylvania Turnpike to Breeze- W. Va., from Clarksburg, over U.S. High (43) between Charleston and William wood, Pa., thence over Interstate High way 50 to Salem, thence over West Vir son, W . Va., from Charleston over U.S. way 70 to Hancock, Md. thence over U.S. ginia Highway 23 to its junction with Highway 119 to Williamson, and return Highway 40 to Baltimore, and return West Virginia Highway 18, thence over over the same route, serving all inter over the same route, serving all inter West Virginia Highway 18 to Sistersville, mediate points, (44) between Phillipi and mediate points and off-route points and return over the same route, serving Parsons, W . Va., from Phillipi over U.S. within forty-five (45) miles of Pitts all intermediate points, (32) between Highway 250 to its junction with West burgh, Pa., and (c) from Pittsburgh over Clarksburg and Parkersburg, W. Va., Virginia Highway 38, thence over West Pennsylvania Highway 51 to Uniontown, from Clarksburg over U.S. Highway 50 to Virginia Highway 38 to its junction with Pa., thence over U.S. Highway 40 to Parkersburg, and return over the same West Virginia Highway 72, thence over Baltimore, and return over the same route, serving all intermediate points, West Virginia Highway 72 to Parsons, route, serving all intermediate points and the off-route point of Harrisville, and return over the same route, serving and off-route points within forty-five (33) between Pike and Parkersburg, all intermediate points, (45) between (45) miles of Pittsburgh, Pa. N o t e : W. Va., from Pike over U.S. Alternate Charleston and Bluefield, W . Va., from Common control may be involved. This Highway 50 to its junction with West Charleston over West Virginia Turnpike application is filed pursuant to MC-C- Virginia Highway 2, thence over West to Princeton. 4366, effective May 1, 1964, which pro Virginia Highway 2 to Parkersburg, and Thence over U.S. Highway 19 to Blue- vides the special rules for conversion of field, and return over the same route, irregular route to regular-route motor return over the same route, serving all serving all intermediate points, (46) be carrier operations. S pe c ia l N o t e : Pro intermediate points, (34) between tween Baltimore, Md., and Charleston, tests to this application may be filed Clarksburg and Kingwood, W . Va., W. Va., from Baltimore, Md., over U.S. within 45 days instead of 30 days. from Clarksburg over U.S. Highway 50 Highway 40 to its junction with U.S. No. MC 22195 (Sub-No. 110), filed to its junction with West Virgihia Highway 340, thence over U.S. Highway May 28, 1965. Applicant: DAN DUGAN Highway 92, thence over West Vir 340 to its junction with U.S. Highway 11, TRANSPORT COMPANY, a corporation, T h u rs d a y , June 24, 1965 FEDERAL REGISTER 8139 Post Office Box 946, 41st and Grange and return over the same routes, and (c) vania on and west of U.S. Highway 119 Avenue, Sioux Falls, S. Dak. Authority from Cleveland over U.S. Highway 6 from the Pennsylvania-West Virginia sought to operate as a common carrier, to junction Ohio Highway 53, thence State line to Indiana, and on and south by motor vehicle, over irregular routes, over Ohio Highway 53 to junction Ohio of U.S. Highway 422 to Porterville, on transporting: Liquid fertilizer and fer Highway 12, thence over Ohip Highway and west of U.S. Highway 19 to Erie, tilizer solutions, in bulk, (1)* from Barnes- 12 to junction U.S. Highway 30, thence those in Ohio and Indiana on and north ville, Minn., to points in North Dakota, over U.S. Highway 30 to Fort Wayne, of U.S. Highway 40, those in West Vir and (2) from Fargo, Grand Forks, Graf Ind., thence over U.S. Highway 24 to ginia on and north of U.S. Highway 50, ton, and Wahpeton, N. Dak., to points in junction Indiana Highway 37, thence those in Michigan on and south of a line Minnesota, and rejected or returned over Indiana Highway 37 to Indian beginning at Muskegon and extending shipments of the above-specified com apolis, and return over the same routes; along Michigan Highway 20 to Bay City. modities, on return in (1) and (2) above. (2) between Cleveland, Ohio, and Louis Thence along Michigan Highway 25 No t e : Applicant states no duplicating ville, Ky.: (a) From Cleveland over U.S. from Bay City to Port Austin, and thence authority sought. Highway 6 to junction Ohio Highway 53, along U.S. Highway 25 from Port Austin No. MC 35628 (Sub-No. 264), filed thence over Ohio Highway 53 to junc to Port Huron, except from Weirton, June 4, 1965. Applicant: INTER tion Ohio Highway 12, thence over Ohio W . Va., to Adrian, Detroit, Flint, Niles, STATE MOTOR FREIGHT SYSTEM, Highway 12 to junction U.S. Highway and Pontiac, Mich., from Pittsburgh, Ali- 134 Grandville SW., Grand Rapids, 30, thence over U.S. Highway 30 to Fort quippa, and Apollo, Pa., to Detroit and Mich. Applicant’s attorney: Leonard D. Wayne, thence over Indiana Highway 3 Wyandotte, Mich., Canton and Toledo, Verdier, Jr., Michigan Trust Building, to junction U.S. Highway 40, thence Ohio, and from Canton, Ohio, to Girard, Grand Rapids, Mich., 49502. Authority over U.S. Highway 40 to Indianapolis, Pa. (except that warm air furnaces and sought to operate as a common carrier, Ind., thence over U.S. Highway 31 to air-conditioning equipment and supplies by motor vehicle, over regular routes, Louisville, and return over the same shall not be transported from Medina, transporting: General commodities (ex routes; (3) between Cleveland, Ohio, O h io); from points in Pennsylvania and cept Classes A and B explosives, house and Chicago, 111.; (a) From Cleveland West Virginia within the territory de hold goods as defined by the Commission, over Interstate Highways 80/90 to Chi scribed above, to Chicago, 111., Columbus, and commodities in bulk), serving ap cago, and return over the same route, Ind., Cincinnati and Dayton, Ohio, and plicant’s terminal located on Ohio High (b) from Cleveland, Ohio, over U.S. Louisville, Ky., and from points in Ohio way 18, approximately 5% miles west of Highway 20 to Chicago, and return over on and north of U.S. Highway 40, to the corporate limits of Youngstown, the same route, and (c) from Cleveland, Chicago, Hi., Columbus, Ind., and Louis Ohio, as an off-route point in connec Ohio, over U.S. Highway 20 to Toledo, ville, Ky. (except that warm air furnaces tion with applicant’s authorized regular- Ohio, thence over U.S. Highway 24 to and air-conditioning equipment and route operation to and from Youngs Fort Wayne, Ind., thence over U.S. High supplies shall not be transported from town, Ohio. way 30 to junction U.S. Highway 41, Medina, Ohio). The above-three para No. MC 37473 (Sub-No. 23), filed thence over U.S. Highway 41 to Chicago, graphs as off-route points in conjunction March 1, 1965. Applicant: DETROIT- I1U and return over the same routes; (4) with applicant’s existing regular-route PITTSBURGH MOTOR FREIGHT, between Detroit, Mich., and Bay City, authority between Pittsburgh, Pa., and INC., 5324 Grant Avenue, Cuyahoga Mich.: (a) From Detroit over U.S. High Detroit, Mich.; between Canton, Ohio, Heights, Ohio. Applicant’s attorney: way 10 to Bay City, and return over the and Pittsburgh, Pa.; and between Can James R. Stiverson, 50 West Broad same route, and (b) from Detroit over ton, Ohio, and Detroit, Mich. N o t e : Street, Columbus 15, Ohio. Authority Interstate Highway 75 to Bay City, Mich., This application is filed pursuant to sought to operate as a common carrier, and return over the same route; (5) MC-C-4366, effective May 1, 1964, which by motor vehicle, over regular routes, between Detroit, Mich., and Midland, provides the special rules for conversion transporting: (A ) General commodities Mich.: From Detroit over U.S. Highway of irregular to regular-route motor car (except those of unusual value, and ex 10 to Flint, Mich., at junction U.S. High rier operations. S p e c ia l N o t e : Pro cept dangerous explosives, livestock, way 10 and U.S. Highway 23. tests to this application may be filed household goods as defined in Practices Thence over U.S. Highway 23 to Sag within 45 days instead of 30 days. of Motor Common Carriers of House inaw, Mich., thence over Michigan No. MC 52110 (Sub-No. 86) (AMEND hold Goods, 17 M.C.C. 467, and com Highway 47 to junction Michigan High M E N T ), filed February 25, 1965, pub modities in bulk), between Canton, Ohio, way 20, thence over Michigan Highway lished F ederal R egister issue April 1, and points in Pennsylvania and West 20 to Midland, Mich., and return over 1965, amended April 30,1965, and repub Virginia within 50 miles of Pittsburgh, the same routes; (6) between Detroit, lished as amended this issue. Applicant: Pa., as off-route points in conjunction Mich., and Grand Rapids., Mich.: (a) BRADY MOTORFRATE, INC., 1223 6th with applicant’s existing regular-route From Detroit over U.S. Highway 16 to Avenue, Des Moines, Iowa. Applicant’s authority; (B ) iron and steel articles, junction U.S. Highway 127, thence over attorney : Homer E. Bradshaw, Suite 510, as described in appendix V to the report U.S. Highway 127 to Lansing, Mich., and Central National Building, Des Moines, in Descriptions in Motor Carrier Certifi junction Interstate Highway 96, thence Iowa. Authority sought to operate as a cates, 61 M.C.C. 209 (except commodities over Interstate Highway 96 to Grand common carrier, by motor vehicle, over which by reason of iheir size or weight Rapids, Mich., and return over the same regular routes, transporting: General require the use of special equipment or routes, (b) from Detroit over Inter commodities (except those of unusual special handling), (1) between Cleve state Highway 96 to Grand Rapids, value, Classes A and B explosives, bul land, Ohio, and Indianapolis, Ind.: (a) Mich., and return over the same route, lion, livestock, household goods as de From Cleveland over U.S. Highway 6 to and (c) from Detroit, Mich., over U.S. fined by the Commission, commodities junction Ohio Highway 53, thence over Highway 16 to junction U.S. Highway in bulk, and those requiring special Ohio Highway 53 to junction Ohio High 23, thence over U.S. Highway 23 to junc equipment), (14) between Chicago, 111., way 12, thence over Ohio Highway 12 to tion Michigan Highway 21, thence over and St. Paul, Minn., (a) from Chicago, junction U.S. Highway 30, thence over Michigan Highway 21 to Grand Rapids, over Interstate Highway 90 to junction U.S. Highway 30 to Fort Wayne, Ind., Mich., and return over the same routes; U.S. Highway 51, thence over U.S. High thence over Indiana Highway 3 to junc (7) between Detroit, Mich., and Kala way 51, to junction U.S. Highway 12, tion U.S. Highway 40, thence over U.S. mazoo, Mich.: From Detroit over Michi thence over U.S. Highway 12 to junction Highway 40 to Indianapolis, and return gan Highway 14 to Ann Arbor, Mich., Interstate Highway 94, thence over In over the same routes, (b) from Cleveland and junction Interstate Highway - 94, terstate Highway 94 to junction U.S. over U.S. Highway 6 to junction Ohio thence over Interstate Highway 94 to Highway 12, thence over U.S. Highway Highway 53. Kalamazoo, Mich., serving the off-route 12 to St. Paul, Minn., and return over Thence over Ohio Highway 53 to junc points of Jackson and Battle Creek, and the same route, serving no intermediate tion Ohio Highway 12, thence over Ohio return over the same routes, serving all points, and (b) from Chicago, over In Highway 12 to junction U.S'. Highway intermediate points in connection with terstate Highway 90 to junction Inter 30, thence over U.S. Highway 30 to Fort each of the above-described routes, B state Highway 94, thence over Inter Wayne, Ind., thence over U.S. Highway (1) through (7) inclusive, and (c) iron state Highway 94 to St. Paul, and return 24 to junction U.S. Highway 31, thence and steel and articles thereof other than over the same route, serving no inter over U.s. Highway 31 to Indianapolis, machinery, serving points in Pennsyl mediate points. N o t e : The purpose of 8140 NOTICES this republication is to include the serv other, all points in the 37-State and the turn over the same routes serving all ice as proposed above in described route District of Columbia-authority issued in intermediate points, (2) between Au (14), which was inadvertently omitted the lead docket. Petitioner has also gusta, Ga., and Columbus, Ga.; from from original application and not pre filed an application to accomplish the Augusta over U.S. Highway 278 to War- viously published. This application is same purpose in No. MC 52793 (Sub-No. renton, Ga., thence over Georgia High filed pursuant to MC-C-4366, effective 18), which is also published in this issue way 16 to Sparta, Ga., thence over May 1, 1964, which provides the special of the F ederal R e g ister . Any person or Georgia Highway 22 to Milledgeville, Ga., rules for conversion of irregular route persons desiring to participate in this thence over Georgia Highway 49 to to regular route motor carrier opera proceeding, may, within 30 days from the Macon, Ga., thence over U.S. Highway 80 tions. S p e c ia l N o t e : Protests to this date of this publication in the F ederal to Columbus and return over the same application may be filed within 45 days R egister, file an appropriate pleading, routes serving all intermediate points, instead of 30 days. consisting of an original and 6 copies (3) between Augusta, Ga., and Atlanta, No. MC 52793 and Sub-Nos. 1, 2, 3, Ga.; (a) from Augusta over U.S. High and 7 (PETITION TO REOPEN No. MC 52793 (Sub-No. 18) filed May way 78 to Athens, Ga., thence over U.S. GRANDFATHER PROCEEDINGS FOR 24, 1965. Applicant: BEKINS VAN Highway 29 to Lawrenceville, Ga., thence PURPOSE OF CORRECTING CER LINES CO., a corporation, 333 South over access roads to Interstate Highway TIFICATES), filed May 24, 1965. Center Street, Hillside, 111. Applicant’s 85, thence over Interstate Highway 85 to Petitioner: BEKINS VAN LINES CO., attorney: Russell S. Bernhard, 1625 K Atlanta, and return over the same route, 333 South Center Street, Hillside, 111. Street NW., Washington 6, D.C. Au serving all intermediate points and (b) Petitioners attorneys: Russell S. Bern- thority sought to operate as a common from Augusta over Georgia Highway 28 hard, 1625 K Street NW., Washington, carrier, by motor vehicle, over irregular to junction South Carolina Highway 28, D.C., 20006, and Eldon R. Clawson, 1335 routes, transporting: Household goods, thence over South Carolina Highway 28 South Figueroa Street, Los Angeles, as defined by the Commission, between to junction U.S. Highway 221. Calif., 90015. Petitioner states that it points in Colorado, Idaho, Montana, Thence over U.S. Highway 221 to is a household goods carrier operating Nevada, Oregon, Utah, Washington, and junction Georgia Highway 104, thence in the 48 contiguous States of the Wyoming, on the one hand, and, on the over Georgia Highway 104 to junction United States and the District of Colum other, points in Alabama, Arizona, A r Georgia Highway 47, thence over Geor bia. On March 16, 1943, in No. M C - kansas, California, Connecticut, Dela gia Highway 47 to Lincolnton, Ga., 52793 (Sub-No. 7), petitioner was ware, Florida, Georgia, Illinois, Indiana, thence over U.S. Highway 378 to Wash granted authority to operate between Iowa (except points within 50 miles of ington, Ga., thence to Atlanta as speci points in Oregon, Washington, Idaho, Omaha, Nebr.), Kansas, Kentucky, Lou fied above over U.S. Highways 78, 29, and Nevada, Montana, Wyoming, Utah, and isiana, Maryland, Massachusetts, Michi Interstate Highway 85, and return over Colorado. On September 6, 1946, in gan, Minnesota, Mississippi, Missouri, the same routes, serving all intermediate No. MC 52793 (also encompassing Subs Nebraska (except points within 50 miles points; (4) between Savannah, Ga., and 4, 5 and 6), it was granted authority to of Sioux City, Iowa), New Jersey, New Albany, Ga.: (a) From Savannah over operate between points in the other 37 Mexico, New York, North Carolina, U.S. Highway 80 to junction U.S. High States and the District of Columbia. North Dakota, Ohio, Oklahoma, Penn way 280, thence over U.S. Highway 280 It holds authority in MC 52793 (Sub- sylvania, Rhode Island, South Carolina, to junction Georgia Highway 257, and No. 1), to operate between Seattle, South Dakota, Tennessee, Texas, Vir thence over Georgia Highway 257 to Tacoma, and Spokane, Wash., on the ginia, West Virginia, Wisconsin, and the Albany, and return over the same routes, one hand, and, on the other, points in District of Columbia; (2) between points serving all intermediate points; and (b) California, and between points in W ash in Nebraska within 50 miles of Sioux from Savannah over U.S. Highway 17 to ington, on the one hand, and, on the City, Iowa, on the one hand, and, on junction U.S. Highway 82, thence over other, points in Oregon and. Idaho, other the other points in the United States U.S. Highway 82 to Albany, and return than those within 50 miles of Spokane. (except Sioux City, Iowa, and points in over the same routes^ serving all inter In MC 52793 Sub 2 it holds authority Alaska and Hawaii), and (3) between mediate points; (5) between Savannah, between points in Oregon and those in points in Iowa within 50 miles of Omaha, Ga., and Atlanta, Ga.: (a) From Savan Cowlitz, Clark, Akamania, and Klickitat Nebr., on the one hand, and on the other, nah over U.S. Highway 80 to Macon, Counties, Wash., on the one hand, and, points in the United States (except thence over Georgia Highway 87 to junc on the other, points in Idaho and Cali Omaha, Nebr., and points in Alaska and tion U.S. Highway 23 and thence over fornia, and those in Washington, except Hawaii). N o t e : Common control may U.S. Highway 23 to Atlanta, and return points in Washington within 50 miles of be involved. over the same routes, serving all inter Portland, Oreg., and between Portland, Applicant states that this application mediate points, (b) from Savannah to Oreg., on the one hand, and, on the does not involve any new or additional Macon as specified above, thence over other, points in Montana, Utah, and operations by applicant. The purpose Interstate Highway 75 to Atlanta, and Colorado. In MC 52793 Sub-No. 3 it of the application is to correct certain return over the same routes, serving all holds authority between points in ambiguities existing in applicant’s intermediate points, and (c) from Sa Colorado, on the one hand, and, on the grandfather authority. This application vannah over Interstate Highway 16 other, points in Kansas, Nebraska, Utah, was filed in conjunction with a simul to Macon, thence over Interstate High and Wyoming. taneous petition to reopen the grand way 75 to Atlanta, and return over the Petitioner states that recently it was father proceeding for the same purpose, same routes, serving all intermediate brought to its attention that it was per published this issue. points; (6) (a) between Albany, Ga., and forming direct operations between points No. MC 75651 (Sub-No. 58), filed Macon, Ga.: From Albany over Georgia in the eight western States and points March 1, 1965. Applicant: R. C. Highway 257 to junction Interstate in the other 37 (now 40) States, whereas M OTOR LINES, INC., 2500 Laura Street, Highway 75, thence over Interstate High the manner in which its authorities Jacksonville, Fla., 32203. Authority way 75 to Macon; (b) between Albany, read would require all operations to and sought to operate as a common carrier, Ga., and Columbus, Ga.: From Albany from the eight-State territory (Sub- by motor vehicle, over regular routes, over U.S. Highway 82 to Dawson, Ga. No. 7) to be conducted through the transporting: (A) General commodities Thence over Georgia Highway 55 to “Oregon-California gateway” provided (except those of unusual value, Classes junction U.S. Highway 280, thence over by the Sub 2 authority or through the A and B explosives, household goods as U.S. Highway 280 to Columbus; (c) be “Colorado-Nebraska/Kansas gateway” defined by the Commission, commodities tween Albany, Ga., and Atlanta, Ga.: provided by the Sub 3 authority. By in bulk, and those requiring special From Albany over U.S. Highway 19 to the instant petition, petitioner requests equipment), (1) between Augusta, Ga., Atlanta, and (d) between Columbus, Ga., that the Commission reopen its grand and Albany, Ga.; from Augusta over U.S. and Atlanta, Ga.: From Columbus over father proceedings and reissue its Highway 1 to junction U.S. Highway 221, Georgia Highway 85 (and 85E or 85W) it a single certificate which will clearly thence over U.S. Highway 221 to junction to Atlanta, and return over the same authorize it to operate directly between U.S. Highway 319, thence over U.S. High routes in 6 (a ), (b ), (c), and (d), above all points covered by the eight-State way 319 to Dublin, Ga., thence over serving no intermediate points except for authority, on the one hand, and, on the Georgia Highway 257 to Albany and re joinder purposes only, as alternate routes Thursday, June 24, 1965 FEDERAL REGISTER 8141 for operating convenience only, in con turn over the same route, serving all over the same route serving all inter nection with applicant’s regular route intermediate points; (b) from Columbia, mediate points, (27) between Wilming operations; (7) between Augusta, Ga., S.C., as specified above over Interstate ton, N.C., and Wilson, N.C.: from W il and Greer, S.C. : Prom Augusta over U.S. Highway 26 to Spartanburg. mington over U.S. Highway 117 to junc Highway 25 to Greenville, S.C., thence Thence over U.S. Highway 29 to tion U.S. Highway 301, thence over U.S. over U.S. Highway 29 to Greer and re Greer, and return over the same routes, Highway 301 to Wilson, and return over turn over the same route serving all in serving all intermediate points; and (c) the same route serving all intermediate termediate points, (8) between Camden, from Columbia, S.C., .as specified above points, (28) between Wilson, N.C., and S.C., and Bishopville, S.C.: Prom Cam over Interstate Highway 26 to junction junction U.S. Highways 401 and 1: from den over South Carolina Highway 34 to U.S. Highway 276, thence over U.S. Wilson over North Carolina Highway 58 Bishopville and return over the same Highway 276 to Greenville, thence over to junction U.S. Highway 401, thence route serving all intermediate points, (9) U.S. Highway 29 to Greer, and return over U.S. Highway 401 to junction U.S. between Charleston, S.C., and Society over the same routes, serving all inter Highway 1, and return over the same Hill, S.C.: From Charleston over U.S. mediate points, (18) between Columbia, route serving all intermediate points, Highway 52 to Society Hill and re S.C., and Sumter, S.C.: from Columbia (29) between Columbia, S.C. and turn over the same route serving all over U.S. Highway 378 to Sumter and Atlanta, Ga.: (a) from Columbia over intermediate points, (10) between return over the same route serving all U.S. Highway 378 to junction U.S. High Charleston, S.C., and Wilmington, N.C.: intermediate points, (19) between Dar way 78, then over U.S. Highway 78 to From Charleston over U.S. High lington, S.C., and Hartsville, S.C.: from junction Georgia Highway 44, thence way 17 to Wilmington and return over Darlington over South Carolina Highway over Georgia Highway 44 to Union Point, the same route serving all intermediate 151 to Hartsville, and return over the Ga., thence over U.S. Highway 278 to points, (11) between Charlotte, N.C., same route serving all intermediate Atlanta, and return over the same routes, and Atlanta, Ga.: (a) Prom Charlotte points, (20) between Greer, S.C., and serving all intermediate points, (b) from over U.S. Highway 29 to Atlanta, and Asheville, N.C.: from Greer over South Columbia to Union Point, Ga. as de return over the same route, serving all Carolina Highway 14 to junction U.S. scribed above. intermediate points, and (b) from Highway 176, thence over U.S. Highway Thence over U.S. Highway 278 to junc Charlotte over Interstate Highway 85 to 176 to junction U.S. Highway 25, thence tion Interstate Highway 20, thence over Atlanta, and return over the same route, over U.S. Highway 25 to Asheville, and Interstate Highway 20 to Atlanta, and serving all intermediate points; (12) be return over these routes serving, all in return over the same route, serving all tween Charlotte, N.C., and Greensboro, termediate points, (21) between Raleigh, intermediate points, (30) between N.C.: (a) Prom Charlotte over U.S. High* N.C., and Durham, N.C.: from Raleigh Fayetteville, N.C.', and Pee Dee, S.C.: way 29 to Greensboro, and return over over U.S. Highway 70 to Durham, and from Fayetteville over Interstate High the same route serving all intermediate return over the same route serving all way 95 to junction U.S. Highway 301, points; and (b) from Charlotte over In intermediate points, (22) between Ra thence over U.S. IJighway 301 to Pee Dee terstate Highway 85 to Greensboro and leigh, N.C., and junction U.S. Highway and return over the same routes serving return over the same route, serving all 301: from Raleigh over U.S. Highway all Intermediate points. (31) Applicant intermediate points; (13) between 401 to junction North Carolina Highway states: Service proposed to and from all Charlotte, N.C., and Raleigh, N.C. : Prom 561, thence over North Carolina Highway points and places in Georgia, North Charlotte over North Carolina Highway 561 to junction North Carolina Highway Carolina, and South Carolina as off- 49 to junction U.S. Highway 64. 48, thence over North Carolina High route points in connection with carrier’s Thence over U.S. Highway 64 to Ra way 48 to junction U.S. Highway 158, present and proposed regular routes. leigh and return over these routes serv thence over U.S. Highway 158 to junction (32) Service proposed to and from all ing all intermediate points, (14) be U.S. Highway 301, and return over the points and places within 25 miles of tween Charlotte, N.C., and Society Hill, same route serving all intermediate Newark, N.J., as off-route points in con S.C.: Prom Charlotte over U.S. Highway points, (23) between Raleigh, N.C., and nection with carrier’s present and pro 74 to junction U.S. Highway 601, thence Wilson, N.C.:- from Raleigh over U.S. posed regular routes. (B ) Commodities over U.S. Highway 601 to Pageland, S.C., Highway 64 to junction U.S. Highway classified as Class A, Class B, or Class C thence over South Carolina Highway 9 264, thence over U.S. Highway 264 to explosives in the Commission’s rules and to Cheraw, S.C., thence over U.S. High Wilson and return over the same route regulations governing the transporta way 52 to Society Hill and return over serving all intermediate points, (24) be tion of explosives and other dangerous these routes serving all intermediate tween Rocky Mount, N.C., and Zebulon, articles; ammunition not included points, (15) between Columbia, S.C., and N.C.: from Rocky Mount over U.S. within the commodities classified by the Winston-Salem, N.C.: (a) Prom Colum Highway 64 to Zebulon and return over Commission as Class A, Class B, or Class bia over U.S. Highway 21 to Statesville, the same route serving all intermediate C explosives; component parts of am thence over U.S. Highway 64 to function points, (25) between Sumter, S.C., and munition, and empty containers thereof, U.S. Highway 158, thence over U.S. Wilmington, N.C.: (a) from Sumter over over regular routes, serving St. Juliens Highway 158 to Winston-Salem, and re U.S. Highway 76 to Wilmington, and re Creek, Va., and points and places within turn over the same routes, serving all turn over the same route, serving all in 35 miles thereof, and Jacksonville, Fla., intermediate points; (b) from Columbia termediate points, and (b) from Sumter and points and places with 35 miles to Statesville as specified above, thence over U.S. Highway 378 to Conway, S.C., thereof, as off-route points in connec over Interstate Highway 40 to Winston- thence over South Carolina Highway 90 tion with carrier’s present regular routes Salem, and return over the same routes, to junction U.S. Highway 17. between Baltimore, Md. and Jackson serving all intermediate points* (16) be Thence over U.S. Highway 17 to W il ville, Fla. N o t e : This application is filed tween Columbia, S.C., and Aberdeen, mington, and return over the same pursuant to M C -C 4366, effective May 1, N.C.: Prom Columbia over U.S. Highway routes, serving all intermediate points; 1964, which provides the special rules for 1 to junction South Carolina-North (26) between Wilmington, N.C. and conversion of irregular to regular motor Carolina Highway 177, thence over Cherry Point, N.C.: from Wilmington carrier operations. S p e c ia l N o t e : Pro South Carolina-North Carolina Highway over U.S. Highway 17 to junction North tests to this application may be filed 177 to junction U.S. Highway 1, thence Caroline Highway 172, thence over North within 45 days instead of 30 days. over U.S. Highway 1 to Aberdeen and Carolina Highway 172 via Camp Lejeune No. MC 106373 (Sub-No. 29), filed return over these routes serving all in Marine Base to junction North Carolina February 26, 1965. Applicant: THE termediate points, (17) between Colum Highway 24, thence over North Carolina SERVICE TRANSPORT CO., a corpora bia, S.C., and Greer, S.C.: (a) Prom Highway 24 to junction unnumbered tion, 11910 Harvard Avenue, Cleveland, Columbia over Interstate Highway 26 to highway connecting North Carolina Ohio. Applicant’s attorney: James R. junction South Carolina Highway 146, Highway 24 and U.S. Highway 70, thence Stiverson, 50 West Broad Street, Colum thence over South Carolina Highway over this unnumbered highway to junc bus, 15, Ohio. Authority sought to 146 to junction U.S. Highway 221, thence tion U.S. Highway 70, thence over U.S. operate as a common carrier, by motor over U.S. Highway 221 to junction South Highway 70 to Havelock, thence over vehicle, over regular routes, transport Carolina Highway 101, thence over South North Carolina Highway 101 to Cherry ing: (A ) Plaster, plasterboard, wall- Carolina Highway 101 to Gréer, and re Point Marine Air Station, and return board, lime products, and gypsum prod- 8142 NOTICES nets, (1) from Akron, N.Y., over New thence over Maryland Highway 97 to junction U.S. Highway 40, thence over York Highway 93 to junction New York junction U.S. Highway 140, thence over U.S, Highway 40 to junction U.S. High Highway 5, thence over New York High U.S. Highway 140 to Baltimore, Md., way 25 and Interstate Highway 75, thence way 5 to New York-Pennsylvania State serving the intermediate point of West over U.S. Highway 25 and Interstate line, thence over Pennsylvania Highway minister, Md., (10) from Cleveland, Ohio, Highway 75 to Cincinnati, Ohio, serving 5 to Erie, Pa., thence over U.S. Highway over presently authorized routes to all intermediate and off-route points 19 to Pittsburgh, serving all intermediate Rochester, N.Y., thence over Interstate within 30 miles of Pittsburgh, Pa., and points, and off-route points within 30 Highway 90 to junction U.S. Highway 9, serving the intermediate and off-route miles of Pittsburgh and Washington, thence over U.S. Highway 9 to Pough points of Troy, Springfield, Dayton, Lan Pa., (2) from Akron, N.Y., over New keepsie, N.Y., serving the intermediate caster, Vandalia, and Greenville, Ohio; York Highway 93 to junction New York and off-route points of Auburn, Endi- (20) from Pittsburgh, Pa., over presently Highway 5, thence over New York High cott, Rome, Syracuse, Utica, Wellsville, authorized routes to Mansfield, Ohio. way 5 to Buffalo, thence over U.S. High Ogdensburg, Cortland, Gloversville, Thence over U.S. Highway 3OS to way 20 to Toledo, Ohio, serving the Kingston, Mineville, Schenectady, Le- Marion, serving all intermediate and off- intermediate and off-route points of Roy, and Albany, N.Y., (11) from Cleve route points within 30 miles of Pitts Akron, Ashtabula, Cleveland, Conneaut, land, Ohio, over presently authorized burgh, Pa.; (21) from Johnstown, Pa., Columbia Station, Grafton, and Jef routes to Buffalo, N.Y., thence over U.S; over U.S. Highway 219 to junction U.S. ferson, Ohio, (3) from Akron, N.Y., over Highway 20 to junction U.S. Highway 9, Highway 422, thence over U.S. Highway New York Highway 93 to junction New thence over U.S. Highway 9 to Pough 422 to Butler, thence over presently au York Highway 5, thence over New York keepsie, N.Y., serving the intermediate thorized routes to Cleveland, Ohio, serv Highway 5 to Buffalo, thence over U.S. and off-route points of Auburn, Endi- ing no intermediate points, (22) from Highway 20 to junction Ohio Highway cott, Rome, Syracuse, Utica, Wellsville, Canton and Massillon, Ohio, over pres 7, thence over Ohio Highway 7 to junc Ogdensburg, Cortland, Gloversville, ently authorized routes to Buffalo, N.Y., tion Ohio Highway 62, thence over Ohio Kingston, Mineville, Schenectady, Le- thence over U.S. Highway 20 to junc Highway 62 to Canton, serving the Roy, and Albany, N.Y., (12a) from tion U.S. Highway 11, thence over U.S. intermediate and off-route points of Buffalo, N.Y., over presently authorized Highway 11 to Syracuse, N.Y., serving Hubbard, New Milford, Warren, and routes to Ohio Highway 7, thence over the intermediate and off-route points of Youngstown, Ohio, (4) Oakfield, N.Y., Ohio Highway 7 to junction U.S. High Rome, Auburn, and Groton, N.Y.; (23) over New York Highway 63 to junction way 22, thence over U.S. Highway 22 to from junction U.S. Highways 20 and 11 New York Highway 5. Cincinnati, Ohio; (b) from Buffalo, N.Y., over U.S. Highway 11 to Binghamton, Thence over New York Highway 5 to over presently authorized routes to N.Y., serving the intermediate and off- New York-Pennsylvania State line, Cleveland, Ohio, thence over Interstate route points of Endicott and Ithaca, thence over Pennsylvania Highway 5 to Highway 71 to Cincinnati, serving the N.Y.; (24) from Canton and Massillon, Erie, thence over U.S.' Highway 19 to intermediate and off-route points of Co Ohio, over presently authorized routes to Pittsburgh, serving all intermediate lumbus, Lebanon, and Dayton, Ohio, Pittsburgh, Pa., thence over U.S. High points, and the off-route points within (13) from Buffalo, N.Y., over U.S. High way 30 to McConnellsburg, Pa., thence 30 miles of Pittsburgh and Washington, way 219 to Johnstown, Pa., serving no over Pennsylvania Highway 16 to the Pa., (5) from Oakfield, N.Y., over New intermediate points, (14) from Buffalo, Pennsylvania-Maryland State line, York Highway 63 to junction New York N.Y., over presently authorized routes to thence over Maryland Highway 97 to Highway 5, thence over New York High Fostoria, Ohio, thence over Ohio High junction U.S. Highway 140, thence over way 5 to Buffalo, thence over U.S. High way 12 to Findlay, thence over U.S. U.S. Highway 140 to Baltimore, Md., way 20 to Toledo, Ohio, serving the in Highway 25 to junction U.S. Highway 33, serving no intermediate points, (25) termediate and off-route points of thence over U.S. Highway 33 to junction from Canton and Massillon, Ohio, over Akron, Ashtabula, Cleveland, Conneaut, U.S. Highway 127, thence over U.S. presently authorized routes to Pitts Columbia Station, Grafton, and Jeffer Highway 127 to junction Ohio Highway burgh, Pa., thence over U.S. Highway 30 son, Ohio, (6) from Oakfield, N.Y., over 219. to Philadelphia, serving the off-route New York Highway 63 to junction New Thence over Ohio Highway 219 to Cold- point of Phoenixville,' Pa.; (26) from York Highway 5, thence over New York water, Ohio, serving no intermediate Canton and Massillon, Ohio, over pres Highway 5 to Buffalo, thence over U.S. points, (15) from Detroit, Mich., over ently authorized routes to Butler, Pa., Highway 20 to junction Ohio Highway 7, presently authorized routes to Pitts thence over Pennsylvania Highway 68 thence over Ohio Highway 7 to junction burgh, Pa., thence over U.S. Highway 30 to junction U.S. Highway 219, thence Ohio Highway 62, ¿hence over Ohio to McConnellsburg, thence over Penn over U.S. Highway 219 to Bradford, Pa., Highway 62 to Canton, serving the in sylvania Highway 16 to Pennsylvania- serving no intermediate points, (27) termediate and off-route points of Hub Maryland State line, thence over Mary from McDonald, Youngstown, and War bard, New Milford, Warren, and Youngs land Highway 97 to junction U.S. ren, Ohio, over presently authorized town, Ohio, (B ) Iron and steel articles Highway 140, thence oyer U.S. Highway routes to Buffalo, N.Y., thence over U.S. and iron and steel products: (7) From 140 to Baltimore, Md., serving no inter Highway 20 to junction U.S. Highway 11, Cleveland, Ohio, over presently author mediate points, (16) from Detroit, Mich., thence over U.S. Highway 11 to Syra ized routes to Pittsburgh, Pa., thence over presently authorized routes to Pitts cuse, N.Y., serving the intermediate and over U.S. Highway 22 to Newark, N.J., burgh, Pa., thence over U.S. Highway 30 off-route points of East Liverpool, Ohio, thence over U.S. Highways 1 and 9 to to Philadelphia, Pa., serving no interme and Syracuse, N.Y., (28) from Mc New York City, N.Y., serving the inter diate points, (17) from Detroit, Mich., Donald, Youngstown, and Warren, Ohio, mediate and off-route points of Carl- over presently authorized routes to Pitts over presently authorized routes to stadt, Fairfield, Elizabeth, Jersey City, burgh, Pa., thence over U.S. Highway 22 Rochester, N.Y., serving the intermedi Randolph, Paterson, Port Newark, and to Newark, N.J., thence over U.S. High ate point of LeRoy, N.Y.; (29) from Mc Garwood, N.J., Brooklyn, Bronx, Long ways 1 and 9 to New York City, N.Y., Donald, Youngstown, and Warren, Ohio, Island City, Farmingdale, Plainview, and serving the off-route point of Harrison, over presently authorized routes to Maspeth, N.Y., (8) from Cleveland, Ohio, N.J., (18) from Pittsburgh, Pa., over pres Jamestown, N.Y. over presently authorized routes to Pitts ently authorized routes to Buffalo, N.Y., Thence over New York Highway 17 to burgh, Pa., thence over U.S. Highway 30 thence over New York Highway 5 to Syra junction New York Highway 305, thence to Philadelphia, Pa., serving the inter cuse, serving all intermediate and off- over New York Highway 305 to Cuba, mediate and off-route points of York, route points within 30 miles of Pitts N.Y.; serving no intermediate points, West Point, Bristol, Bustleton, Primos, burgh, Pa., and serving the intermediate (30) from Fairless Hills, Pa., over U.S. Greenville, Scranton, and Lancaster, Pa., and off-route points of Ellicottville, Gro Highway 1 to junction Pennsylvania (9) from Cleveland, Ohio, over presently ton, Painted Post, and Webster, N.Y.; Highway 413, thence over Pennsylvania authorized routes to Pittsburgh, Pa., (19) (a) from Pittsburgh, Pa., over U.S. Highway 413 to junction U.S. Highway thence over U.S. Highway 30 to McCon- Highway 22 to Cincinnati, Ohio, serving 202, thence over U.S. Highway 202 to nellsburg. all intermediate and off-route points junction Pennsylvania Highway 313, Thence over Pennsylvania Highway 16 within 30 miles of Pittsburgh, (b) from thence over Pennsylvania Highway 313 to Pennsylvania-Maryland State line, Pittsburgh, Pa., over U.S. Highway 19 to to junction U.S. Highway 309, thence Thursday, J u n e 24, 1965 FEDERAL REGISTER 8143 over U.S. Highway 309 to junction U.S. for conversion of irregular route to reg MOTOR CARRIERS OF PASSENGERS Highway 22, thence over U.S. Highway ular motor carrier operations. S pe c ia l No. MC 36524 (Sub-No. 10), filed May 22 to Pittsburgh, Pa., thence over pres N o t e : Protests to this application may 27.1965. Applicant: MISSOURI TRAN ently authorized routes to Cleveland, be filed within 45 days instead of 30 days. SIT LINES, INC., Rollins Street, Macon, Ohio, serving the intermediate and off- No. MC 114194 (Sub-No. 107), filed Mo. Applicant’s attorney: Joseph R. route points of Canton, Warren, and June 4, 1965. Applicant: KREIDER Nacy, 117 West High Street, Post Office Youngstown, Ohio; (31) from Coates-« TRUCK SERVICE, INC., 8003 Collins Box 352, Jefferson City, Mo., 65102. Au ville, Pa., over U.S. Highway 30 to junc ville Road, East St. Louis, 111. Authority thority sought to operate as a common tion U.S. Highway 230, thence over U.S. sought to operate as a common carrier, carrier, by motor vehicle, over regular Highway 230 to junction U.S. Highway by motor vehicle, over irregular routes, routes, transporting: Passengers and 22, thence over U.S. Highway 22 to Pitts transporting: Brake fluid, in bulk, from their baggage and express and news burgh, Pa., thence over presently author St. Louis, Mo., to points in California papers, in the same vehicle with passen ized routes to Cleveland, Ohio, serving and Michigan, and rejected shipments gers, serving the junction U.S. Highway the intermediate and off-route points of the commodity specified above, on 66 and Missouri Highway 125 and the of Canton, Warren, and Youngstown, return. junction U.S. Highway 66 and Laclede Ohio; (32) from Bethlehem, Pa., over No. MC 116063 (Sub-No. 70), filed County Route “Y ”, as intermediate U.S. Highway 22 to Pittsburgh, thence June 1, 1965. Applicant: W ESTERN- points in connection with applicant’s au over presently authorized routes to COMMERCIAL TRANSPORT, INC., thorized regular-route operations be Cleveland, Ohio, serving the intermedi 2400 Cold Springs Road, Box 270, Fort tween junction UJS. Highway 54 and ate and off-route points of Canton, W ar Worth, Tex. Authority sought to oper Missouri Highway 17 and Springfield, ren, and Youngstown, Ohio; (33) from ate as a common carrier, by motor ve Mo. N o t e : Applicant states that the Martins Ferry, Yorkville, and Steuben hicle, over irregular routes, transporting: purpose of this application is to abandon ville, Ohio, over Ohip Highway 7 to junc Sugars and syrups and blends thereof, that portion of its presently authorized tion Ohio Highway 170, thence over Ohio from the plantsite df Holly Sugar Corp., regular-route operation set out in Certif Highway 170 (portion formerly Ohio located near Hereford, Tex., to points icate No. 36524, as follows: ■“* * *. (also Highway 90) to Youngstown, thence in Colorado and Texas. from junction U.S. Highway 66 and un over presently authorized routes to Buf No. MC 116886 (Sub-No. 24), filed numbered highway near Conway, Mo., falo, N.Y., thence over U.S. Highway 20 February 26, 1965. Applicant: HOW over unnumbered highway to junction to Albany, N.Y., serving the intermedi ELL’S MOTOR FREIGHT, INCOR U.S. Highway 66 near Strafford, Mo.; ate and off-route points of Schenectady, PORATED, 2210 Winston Avenue SW., also from junction U.S, Highway 66 and Seneca Falls, Syracuse, New York Mills, Roanoke, Va. Applicant’s attorney: R. unnumbered highway over unnumbered Batavia, Fairport, and Utica, N.Y.; (34) Roy Rush, 300 Shenandoah Building, highway to Conway, Mo.; * * * also from from Martins Ferry, Yorkville, and Steu Roanoke, Va., 24004. Authority sought junction U.S. Highway 66 and Missouri benville, Ohio, over Ohio Highway 7 to to operate as a common carrier, by mo Highway 125 over Missouri Highway 125 junction U.S. Highway 6, thence over tor vehicle, over regular routes, trans to Strafford, M o .); * * *” and substitute U.S. Highway 6 to junction U.S. High porting: Such merchandise as is dealt in lieu thereof, the intermediate points way 220. in by wholesale, retail and chain gro proposed above. Thence over U.S. Highway 220 to junc cery and food business houses, (1) be No. MC 45626 (Sub-No. 56), filed May tion New York Highway 17, thence over tween Roanoke and Lynchburg, Va., over 24.1965. Applicant: VERMONT TRAN New York Highway 17 to Binghamton, U.S. Highway 460, serving all interme SIT CO., INC., 135 St. Paul Street, Bur serving no intermediate points, (35) diate points, (2) between Roanoke and lington, Vt. Applicant’s attorney: L. C. from Beechbottom, Follansbee, and Harrisonburg, Va., over Interstate High Major, Jr., 2001 Massachusetts Avenue Weirton, W . Va., over U.S. Highway 22 way 81-U.S. Highway 11, serving all NW., Washington, D.C., 20036. Author to junction Pennsylvania Highway 18, intermediate points, (3) between Roa^ ity sought to operate as a common car thence over Pennsylvania Highway 18 to noke and Danville, Va., from Roanoke rier, by motor vehicle, over regular junction U.S. Highway 20, thence over over U.S. Highway 220 to Martinsville, routes, transporting: Passengers and U.S. Highway 20 to Albany, N.Y., serv thence over U.S. Highway 58 to Danville, their baggage, and express and news ing the intermediate and off-route points and return over the same route, serving papers in the same vehicle with passen of Schenectady, Seneca Falls, Syracuse, all intermediate points, and (4) between gers, (1) between Boston, Mass, and New York Mills, Batavia, Fairport, and Roanoke and Wytheville, Va., over In White River Junction, Vt., from Boston Utica, N.Y.; (36) from Beechbottom, terstate Highway 81-U.S. Highway 11, over access roads to Interstate Highway Follansbee, and Weirton, W . Va., over serving all intermediate points. N ote : 93, thence over Interstate Highway 93 U.S. Highway 22 to junction Pennsyl This application is filed pursuant to M C - to junction Interstate Highway 193, vania Highway 18, thence over Pennsyl C-4366, effective May I, 1964, which thence over Interstate Highway 193 to vania Highway 18 to junction U.S. High provides the special rules for conversion junction Everett Turnpike, thence over way 6, thence over U.S. Highway 6 to of irregular route to regular motor car Everett Turnpike to junction Interstate junction U S. Highway 220, thence over rier operations. S p e c ia l N o t e : Protests Highway 89, thence over Interstate High U.S. Highway 220 to junction New York to this application may be filed within 45 way 89 to White River Junction, and re Highway 17, thence over New York days instead of 30 days. turn over the same route, serving the Highway 17 to Binghamton, N.Y., serv No. MC 116886 (Sub-No. 26), filed June intermediate points of Manchester, Con ing no intermediate points. -Alternate 1,1965. Applicant: HOWELL’S [Second Rev. S.O. 562; Amended Pfahler’s Issued at Washington, D.C., June 18, It is further ordered, That this order ICC Order 187] 1965. shall be served upon the Association of ATCHISON, TOPEKA AND SANTA FE I n ter state C o m m e r c e American Railroads, Car Service Divi RAILWAY CO. ET AL. C o m m is s io n , sion, as agent of all railroads subscribing [ s e a l ] R. D. P f a h le r , to the car service and per diem agree Diversion or Rerouting of Traffic Agent, ment under the terms of that agreement In the opinion of R. D. Pfahler, agent, [P.R. Doc. 65-6632; Piled, June 23, 1965; and by filing it with the Director, Office of the Federal Register. The Atchison, Topeka & Santa Fe Rail 8:47 a.m.] way Co., The Denver & Rio Grande West Issued at Washington, D.C., June 18, ern Railroad Co., and The Colorado and 1965. Southern Railway Co. are unable to [Second Rev. S.O. 562; Pfahler’s ICC Order I n ter state C ommerce 188] transport traffic routed over their lines C o m m is s io n , because of flooding at Palmer Lake, Colo. CHICAGO, ROCK ISLAND AND [ s e a l ] R. D. P f a h le r , It is ordered, That: PACIFIC RAILROAD CO. Agent. (a) Rerouting traffic: The Atchison, [P.R. Poc. 65-6634; Piled, June 23, 1965; Topeka & Santa Fe Railway Co., The Diversion or Rerouting of Traffic 8:47 a.m.] Denver & Rio Grande Western Railroad In the opinion of R. D. Pfahler, agent, Co. and The Colorado & Southern Rail the Chicago, Rock Island & Pacific Rail way Co., and their connections, being [Second Rev, S.O. 562; Pfahler’s road Co. is unable to transport traffic ICC Order 187] unable to transport traffic in accordance routed over its line because of flooding with shippers’ routing because of floods at Limon and Colorado Springs. Colo. ATCHISON, TOPEKA & SANTA FE at Palmer Lake, Colo., are hereby au It is ordered, That : RAILWAY CO. AND DENVER & RIO thorized to divert or reroute such traffic (a) Rerouting traffic: The Chicago, over any available route to expedite the GRANDE WESTERN RAILROAD CO. Rock Island & Pacific Railroad Co. and movement, regardless of the routing its connections, being unable to trans Diversion or Rerouting of Traffic shown on the waybill. The billings cov port traffic in accordance with shippers’ ering all such cars rerouted shall carry In the opinion of R. D. Pfahler, agent, routing because of flooding at Limon and a reference to this order as authority for The Atchison, Topeka & Santa Fe Rail Colorado Springs, Colo., is hereby au the rerouting. way Co. and The Denver & Rio Grande thorized to divert or reroute such traffic (b) Concurrence of receiving roads to Western Railroad Co. are unable to over any available route to expedite the be obtained: The railroad desiring to transport traffic routed over their lines movement, regardless of the routing divert or reroute traffic under this order because of flooding at Palmer Lake, Colo. shown on the waybill. The billing shall receive the concurrence of other It is ordered, That: covering all such cars rerouted shall railroads to which such traffic is to be (a) Rerouting traffic: The Atchison, Carry a reference to this order as diverted or rerouted before the rerouting Topeka & Santa Fe Railway Co. and The authority for the rerouting. or diversion is ordered. Denver & Rio Grande Western Railroad (b) Concurrence of receiving roads to (C) Notification to shippers: Each car Co. and their connections, being unable be obtained: The railroad desiring to rier rerouting cars in accordance with to transport traffic in, accordance with divert or reroute traffic under this order this order shall notify each shipper at shippers’ routing because of floods at shall receive the concurrence of other the time each car is rerouted or diverted Palmer Lake, Colo., are hereby author railroads to which such traffic is to be and shall furnish to such shipper the ized to divert or reroute such traffic over diverted or rerouted before the rerouting new routing provided under this order. any available route to expedite the move or diversion is ordered. (d) Inasmuch as the diversion or re ment, regardless of the routing shown (c) Notification to shippers: Each routing of traffic by said agent is deemed on the waybill. The billing covering all carrier rerouting cars in accordance with to be due to carrier's disability, the rates such cars rerouted shall carry a reference this order shall notify each shipper at applicable to traffic diverted or rerouted to this order as authority for the rerout the time each car is rerouted or diverted by said agent shall be the rates which ing. and shall furnish to such shipper the new were applicable at the time of shipment (b) Concurrence of receiving roads routing provided under this order. on the shipments as originally routed, to be obtained: The railroad desiring to (d) Inasmuch as the diversion or No. MC-FC-67818. By order of the transportation of: Household goods machinery, cream, salt, household June 17, 1965, the Transfer Board and emigrant Movables, between points sprays,' anti-freeze, salt, in bulk and in approved the transfer to N. H. Bryan in Appanoose County, Iowa, on the one bags, mineral feed mixtures and lime, and C. W. Eads, a partnership, doing hand, and, on the other, points in Illi mineral mixtures, for animal or poultry business as Riverton-Big Horn Freight nois, Minnesota, Missouri, and Nebraska. feed, and lime (ground or pulverized Lines, Casper, Wyo., of the operating Marvin V. Colton, 300% North 12th limestone), mineral mixtures and rights issued by the Commission July Street, Centerville, Iowa, attorney for pepper, animal and poultry mineral feed 31, 1944, to Eldon R. Lynn, doing busi applicants. mixtures and pepper, and malt beverages ness as Lovell Freight Line, Lovell, Wyo., No. MC-FC-67868. By order of June and advertising matter for the sale of under Certificate No. MC-52539, 17, 1965, the Transfer Board approved such beverages, from, to, and between authorizing the transportation, over the transfer to Raymond H. Wilson, do specified points in Arkansas, Colorado, regular route, of general commodities, ing business as Wilson Transfer Co., Illinois, Indiana, Iowa, Kansas, Minne except household goods, commodities in Quinton, Okla., of the operating rights sota, Missouri, Nebraska, North Dakota, bulk, and other specified commodities, in Certificates Nos. MC-60117 and M C - Oklahoma, South Dakota, Texas, and between Lovell, Wyo., and Billings, Mont. 60117 (Sub-No. 1) issued June 28, 1949, Wisconsin, varying with the commodi Robert S. Stauffer, 1510 East 20th and October 15, 1948, respectively,. to ties, transported. Rufus H. Lawson, 106 Street, Cheyenne, Wyo., attorney for George Wilson, doing business as Wilson Bixler Building, 2400 Northwest 23d transferee. R. B. Bowman, Post Office Transfer, Quinton, Okla., authorizing the Street, Oklahoma City 7, Oklahoma, at Box 517, Lovell, Wyo., attorney for trans transportation, over specified regular torney for applicants. feror. routes, of general commodities, with the No. MC-FC-67902. By order of . June No. MC-FC-67853. By order of June usual exceptions, between Quinton, Okla., 17, 1965, the Transfer Board approved 17, 1965, the Transfer Board approved and McAlester, Okla., and Fort Smith, the transfer to Frantz Transfer, Inc., the transfer to Raymond E. Weiss, Parks- Ark. John B. BaUmert, 108% East Wilkes-Barre, Pa., of the operating rights ton, S. Dak., 57366, of Certificate No. Choctaw, McAlester, Okla., attorneyJor ' of Marian F. Frantz and Frances E. MC-106951 issued August 6, 1952, to applicants. LaBar, a partnership, doing business as Dewey Benson, Parkston, S. Dak., 57366, No. MC-FC-67873. By order of June Frantz Transfer, Wilkes-Barre, Pa., in authorizing the transportation, over 17, 1965, the Transfer Board approved Certificate No. MC-74460, issued June 28, irregular routes, of livestock, between the transfer to Hahn Truck Line, Inc., an 1963,- authorizing the transportation, Parkston, S. Dak., and points within 15 Oklahoma Corp., Oklahoma City, Okla., over irregular routes, of general com miles thereof, on the one hand, and, on of the operating rights of Hahn Truck modities, excluding household goods and the other, Sioux City, Iowa; grain and Line, Inc., a Kansas Corp., South Hutch commodities in bulk, and other specified emigrant movables, between Parkston, inson, Kans., in Certificates Nos. M C - commodities, between Wilkes-Barre, Pa., S. Dak., and points within 15 miles 117765, MC-117765 (Sub-No. 1), M C - and points within 10 miles of Wilkes- thereof, on the one hand, and, on the 117765 (Sub-No. 2), MC-117765 (Sub- Barre, household goods, between Wilkes- other, points in Iowa and Minnesota; oil No. 3), MC-117765 (Sub-No. 11), M C - Barre, Pa., and points within 10 miles of and grease in containers, plaster, com 117765 (Sub-No. 12), MC-117765 (Sub- Wilkes-Barre, on the one hand, and, on mercial feed, seeds, lumber, shingles, No. 13), MC-117765 (Sub-No. 14), and the other, points in New York, New Jer cement blocks, brick, farm machinery, MC-117765 (Sub-No. 17), issued August sey, Connecticut, Indiana, Ohio, Mary and tile, from Sioux City to Parkston; 9, 1960, February 24, 1960, September 9, land, Delaware, West Virginia, and the and lumber, shingles, cement blocks, 1960, April 29, 1959, December 20, 1961, District of Columbia, and butter, eggs, brick, farm machinery, and tile, from January 6,1964, December 10,1963, Sep meat, and packinghouse products, be Sioux City to points within 15 miles of tember 23, 1964, and August 14, 1964, tween Wilkes-Barre and Scranton, Pa., Parkston except Ethan, Dimock, Rock- respectively, authorizing the transporta on the one hand, and, on the other, port, Milltown, Hillside, Bearsley, Tripp, tion over irregular routes, of dry fertil Binghamton, Johnson City, Endicott, and Delmont, S. Dak. izer materials, in bulk and in bags, and Narrowsburg, N.Y., and points in No. MC-FC-67861. By order of June greases, lubricating oil, and anti-freeze, Pennsylvania within 80 miles of Wilkes- 17, 1965, the Transfer Board approved in containers, salt and salt products, Barre. Mitchell Jenkins, 1000 Blue Cross the transfer to Charles William Katich, lubricating oils and greases, in contain Building, Wilkes-Barre, Pa., 18701, at doing business as , Hayes Transfer, ers, agricultural implements, and ma torney for applicants. Centerville, Iowa, of the Certificate in chinery, fence posts, lumber, cotton gin [ s e a l ! B er th a F. A rm es, No. MC-96534, issued September 14,1945, machinery, cottonseed products, live-* Acting Secretary. to Carl D. Hayes, doing business as Hayes stock, combines, and tractors, agricul IFJR. Doc. 65-6638; Filed, June 23, 1965; Transfer, Centerville, Iowa, authorizing tural implements, and farm and road 8:48 a.m.] Thursday, June 24, 1965 FEDERAL REGISTER 8147 CUMULATIVE LIST OF CFR PARTS AFFECTED—-JUNE 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 June. 3 CFR Page 7 CFR—Continued Page 14 CFR—Continued R‘ge Proclamations: 908 ______7311, 7435, 7647, 7947 71______7276,7312, 3658______7695 909 ______— ______7273 7372, 7373, 7517, 7557, 7558, 7598, 7639, 7702, 7703, 7744, 7816-7818, Executive O r d er s: 910______7435, 7647, 7947 July 10, 1912 (revoked in part 911 ______7647, 8031 7877-7886, 7949, 7993, 7994, 8035- by PLO 3699)______— 7898 915______7436, 7893, 8093 8037, 8102, 8103. May 14, 1915 (revoked in part 916 ______7948 73— ______7744, 7745, 7949, 7994 by PLO 3673)_____ 7752 917 ______7473-7475, 8031 75______7702, 7745, 7994 ,7995 Oct. 30, 1916 (revoked in part 923______7648 91______8032 gg __ 7639 by PLO 3664)_____ — 7750 944______7436, 7743 Dec. 12, 1917 (revoked in part 958— ______7596 97— 11__IIII—ZIILVi74,~7598, 7~867, 7950 by PLO 3699)______t ______7898 970______7274 121______7703 6143 (revoked in part by PLO 1133______7988 137______8104 3691)______7823 1136______7893 141-______7517 6276 (revoked in part by PLO 1408_____—:______8094 151— ______7484, 8037 3691)______7823 1421______7475, 7811, 7988, 7991 221______7558 6285 (revoked in part by PLO 1427______7814, 8096 241____ 7704 3693)______7824 1438______7948 P roposed R u l e s : 6583 (revoked in part by PLO P roposed R u l e s : 37______7663, 8006 3691)_____ — 7823 28 ______— ______— ______8049 39______7573, 8062 7655 (revoked in part by PLO 29 ______7494 61______7292 3661)______7521 51 ______— 7396 71— ______7316, 8278 (revoked in part by PLO 52 ______7524 7396, 7502, 7503, 7524, 7525, 7573, 3705)______7901 724— l ______n*______8000 7612,7613,7663-7666, 7723,7761, 10530 (superseded in part by 911— ______7501 7840, 7929, 8007, 8008, 8110,8111 EO 11228)_____ 7739 915______7501 73______7503, 7724 10682 (superseded by EO 916— ______7284 75______7761, 8008 11228)— ______7739 923______8110 121______— 7963, 8009 10800 (superseded in part by 991___ j______7825 214— ______— 8062 EO 11228)— ______7739 1002______7839 15 CFR 1040______— 7903 10835 (superseded by EO 503___ J______— ______8042 11228)______7739 1042_____ 7903 10903 (superseded in part by 1068______— ______— 7721 16 CFR EO 11228)______7739 1133______— —_ „ 7284, 8000 13 _ 7652, 11227______7369 1136______8049 7653, 7655, 7657, 7658, 7660, 7661, 11228— ______— ______7739 1138______— 7288, 8050 8042,8043. 11229______— 7741 8 CFR 14______—— ______7894, 7995 5 CFR 103______7516 17 CFR 213______— ______7271, 214______8102 240______7276, 8109 7311, 7425, 7426, 7473, 7515, 7557, 264— ______7312 249______7566,7568 7595, 7645, 7646, 7701, 7895, 7987, 9 CFR P roposed R u l e s : 8093. 51______, __ _ 7596 260______8009 511______— ______7962 74— ______7274 269— — ______8009, 8012 531______7962 97______7893 630______7557 18 CFR 201— — — ...... 7275, 7649 8______7313 7 CFR P roposed R u l e s : 157______7280 Ch. I ______8093 94______—„ ____ 7445 16______7426 101______7608 19 CFR 26______8031 103_____— _ ___ 7608 1______7569, 7704 28 ______7426 201__ ___ 7662, 7721 4______7598 29 ------7385 10 CFR 10______7819 30 ______7385 P roposed R u l e s : P roposed R u l e s : 22______7756 34______7385 150______7445,7662, 7963 51— l______7595 20 CFR 57------8031 12 CFR 404______7995 68______8031 1______— ______7371 81______8093 17-______i _____ 7275 21 CFR 160______7385 218______7743 8______!______7484, 7705 201______;______7887 P roposed R u l e s : 20______7280 718______7427 545______7316 25______7943 722______7271, 7385, 7809, 7987 27______7484 724— ______:____ 7646 13 CFR 120______7280, 7385, 7485, 7569, 7996 728_____ 7434 107______7597, 7651 121 ______s.______7280, 730------7272, 7811 305______7894 7386, 7485-7487, 7518, 7519, 7570, 750— ______7311 14 CFR 7599, 7705-7707, 7895, 7896, 7943, 775______7515 21______8032 7944, 7996. 814______\______7945 37______7637 141a______7707 845______*______7273 39— ______7275, 141c______7944 850___ 7987 7371, 7372, 7638, 7701, 7816, 7876, 141d______— 7487 855___ 7988 7993,8033, 8034. 146a______7707, 7896 8148 FEDERAL REGISTER 21 CFR—Continued Page 41 CFR—Continued Page 43 CFR—Continued Pase 146c______7707 8-2______7437, 7599 P ublic L and Orders—Continued 146d______7487 8-3______: ______7599 3690 ______7823 148i______8109 8-7______7600 3691 ______7823 148n______7944 8-14______7600 3692 ------7823 P roposed R u l e s : 8-15______7601 3693 _____ 7824 20______7292 8-16______7602 3694 ______7824 121______7501 8-75______7602 3695 ______7897 22 CFR 8- 95______7603 3696— — ______7897 9 - 14-______7886 3697 ______7897 204____ 7571 9-15______8109 3698 __ 7897 24 CFR 9-16______7887 3699 ______7898 203______7599 9-17______7887 3700 ______7899 221______7708 9-51____ 7749 3701 ______7899 9-53______7819 3702 ______7900 25 CFR 9-56______7749 3703 ______7900 1______7520 9-58______7750 3704 ______7900 41 ______7745 101-18______7820 3705 ______7901 42 ______7746 101-20______7820 3706 ______7754 26 CFR 101-38______7489 45 CFR 1______7281, 7805, 8044 42 CFR 60------7371 20______7708 57------7394, 7395 25______7708 46 CFR 48______7809 43 CFR 146______7437 301______7809 18______7394 221______7490 P roposed R u l e s : 2230-______7605 309______7697 1______7493, 7721 3540______‘______7606 527______7490 28 CFR 4110______7606 P roposed R u les: P u b l ic L an d O rd er s: 248______7291 0— ------7599,7709,7819 5 (see PLO 3677)______7820 251______8110 16------7488 509 (revoked in part by PLO 290______7722 42 ------7386 3695) _ 7897 380______7722 43 ______7819 729 (revoked by P~LÔ~37Ô6)~III 7754 521______7930 29 CFR 993 (revoked in part by PLO 533______7574 5— ------7819 3692)______7823 602 ______7948 1350 (revoked by PLO 3700) __ 7899 47 CFR 603 ______7949 1752 (revoked by PLO 3704) „ 7900 0 ______7521,7755 1500 ______7997 1757 (revoked in part by PLO 1 ______7419 1501 ______7748 3673)______7752 18______7998 1502 ______7748 1898 (revoked in part by PLO 31 ______7711 1503 ______7748 3703)______7900 33______7711 73______7314, 7711, 8048 P roposed R u l e s : 3528 (corrected)______7998 541_------8005 3530 (amended and revoked 89______7522 1504______, ______7608 in part by PLO 3701) ______7899 97______7755 3565 (correction)______7820 P roposed R ules: 32 CFR 3598 (corrected by PLO 3675) _ 7753 1— ______7446 288______7997 3646 (corrected by PLO 3680) _ 7821 17______1______7446 562______7710 3661 ______7521 21______8009 750______7748 3662 ______7606 7 3 ______7446, 753______7748 3663 _ 7750 7525, 7666, 7671, 7673, 7929, 8067 1001______7389 3664 ______7750 74______8009 91______8009 33 CFR 3665 ___ 7750 124------7314 3666 ____— ______7751 48 CFR 38 CFR 3667 ______7751 201______7754 1------7389 3668 ______7751 211______7754 3------7390, 7489 3669 __» ______7751 3670______7751 49 CFR 6______8047 72 ______7420 3671— _____— ______7752 8_____ 8047 73 ______7420 36______7521 3672 _____ 7752 74______7423 39 CFR 3673 ______7752 77 ______;______7423 3674 ______7752 15. ______7390 78 ______;______7423 16______7390, 7748 3675 ______7753 79 ______7425 22______;______7391, 8048 3676 ______„____ 7753 95______7522,7945 23 ______7391 3677 ___ 7820 131_____ 7901 24 ______7391 3678 ______7821 192 ______7491 25 ______7391 3679 ______7821 193 ______7522 43______7392 3680 ______7821 45 ______7392 3681 ______7821 50 CFR 46 ______7394 3682 ______7821 3______7315 114______7748 3683 ______7821 10______7571 ____ 7748 122______3684______7821 32 ______7523 P roposed R u l e s : 33 ______7282, 7572, 7824 22______8049 3685 ______7822 3686______$______7822 253— ______7607 41 CFR 3687 _ 7822 260______* ______7282 5 B -2 ____ 7436 3688 ______7753 262______7444 8 -1 ___ 7437 3689 ______7822 266______7282 Latest Edition in the series of , . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES John F . , Kenne 1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate rials released by the White House during the period January 1- November 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs and the events of history, historians, librarians, and Government officials. VOLUMES of PUBLIC PAPERS of the PRESIDENTS currently available: Contents: HARRY S. TRUMAN • Messages to the Congress 1945— 1______$5.50 1947______$5.25 1946______$6.00 1948______$9.75 • Public speeches 1949------$6.75 • The President’s news conferences DWIGHT D. EISENHOWER: • Radio and television reports to the 1953------$6.75 1957____ $6.75 American people 1954_;_____ $7.25 1958— $8.25 1955 ______$6.75 1959— $7.00 • Remarks to informal groups 1956 _ $7.25 1960-61 $7.75 • Public letters JOHN F. KENNEDY: 1961— ___- ______$9.00 1962— $9.00 1963— ______$9.00 Order fro m th e : Superintendent of Documents Volumes are published annually, soon after the close of each year. Government Printing Office Earlier volumes are being issued periodically, beginning with 1945. Washington, D.C. 20402