FEDERAL REGISTER VOLUME 33 • NUMBER 151

Saturday, August 3, 1968 • Washington, D.C. Pages 11051-11108

Agencies in this issue— Agricultural Stabilization and Conservation Service Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Census Bureau Coast Guard Comptroller of the Currency Consumer and Marketing Service Defense Department Federal Aviation Administration Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration Housing and Urban Development Department Interagency Textile Administrative Committee International Commerce Bureau Interstate Commerce Commission Land Management Bureau Patent Office Post Office Department Securities and Exchange Commission Small Business Administration Treasury Department Veterans Administration Detailed list of Contents appears inside. Announcing First 10-Year Cumulation

TABLES OF LAWS AFFECTED in Volumes 70-79 of the

UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in­ public laws enacted during the years 1956- struments which were amended, repealed, 1965. Includes index of popular name or otherwise affected by the provisions of acts affected in Volumes 70-79.

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AGRICULTURAL STABILIZATION COMPTROLLER OF THE HEALTH, EDUCATION, AND AND CONSERVATION SERVICE CURRENCY WELFARE DEPARTMENT Rules and Regulations Rules and Regulations See Food and Drug Administra­ Sugar beets; approved local areas Investment securities regulation; ' tion. for 1967 crop______11057 securities eligible for underwrit­ ing and unlimited holding:____ 11060 HOUSING AND URBAN AGRICULTURE DEPARTMENT DEVELOPMENT DEPARTMENT CONSUMER AND MARKETING See Agricultural Stabilization and Rules and Regulations Conservation Service; Con­ SERVICE Reinsurance for riot or civil dis­ sumer and Marketing Service. Rules and Regulations order losses______11077 Certain varieties of pears grown ATOMIC ENERGY COMMISSION Notices in Oregon, Washington, and Authority delegations: Notices California; regulation by Assistant Secretary for Admin­ Sacramento Municipal Utility Dis­ grades, quality and sizes______11059 istration ______11099 trict; notice of hearing on ap­ Handling limitations: Assistant Secretary and Dep­ plication for provisional con­ Lemons grown in California uty Assistant Secretary for struction permit______11099 and Arizona______11058 Metropolitan Development__ 11099 Valencia oranges grown in Regional Administrators and BUSINESS AND DEFENSE Arizona and designated part Deputy Regional Administra­ of California______11058 tors ------11099 SERVICES ADMINISTRATION Proposed Rule fAaking Notices Milk in Corpus Christi, Tex., INTERAGENCY TEXTILE Duty-free entry of scientific ar­ marketing area; handling______11083 ADMINISTRATIVE COMMITTEE ticles: Michigan State University____ 11095 DEFENSE DEPARTMENT Notices Pennsylvania State University- 11096 Certain cotton textiles and cotton Research Triangle Institute___ 11096 Notices textile products under long­ Rockland State Hospital_____ 11097 U.S. Defense/Industry Advisory term arrangement regarding in­ Vanderbilt University__ . ______11097 Group in Europe; establish­ ternational trade in cotton tex­ ment ------j.------;___ 11094 tiles; levels of restraint (2 docu­ ments) ------1H03 CENSUS BUREAU FEDERAL AVIATION Rules and Regulations Certain cotton textiles and cotton ADMINISTRATION textile products; entry or Foreign trade statistics; authori­ withdrawal from warehouse zation for waiver of individually Rules and Regulations for consumption: filed shipper’s export declara­ Aircraft rules; confinement of Produced or manufactured in: tions in favor of monthly dec­ aircraft operations.______11076 Argentine Republic______... 11102 larations or other statistical M exico____ :______I__ 11102 summaries______11076 FEDERAL MARITIME COMMISSION INTERIOR DEPARTMENT CIVIL AERONAUTICS BOARD Rules and Regulations See Land Management Bureau. Rules and Regulations « Rules of practice and procedure; Tour operators providing free or Conciliation Service______11080 INTERNATIONAL COMMERCE reduced-rate transportation for BUREAU their employees and families on FEDERAL POWER COMMISSION Notices inclusive tours______11076 Notices Notices Rose, Max; order conditionally Valley Gas Transmission, Inc.; restoring export privileges____ 11095 Hearings, etc.: notice application filed.._____ 11101 Chicago-Des Moines nonstop INTERSTATE COMMERCE service case______11100 FEDERAL RESERVE SYSTEM COMMISSION United Air Lines, Inc______11101 Notices Federal Open Market Committee: Notices CIVIL SERVICE COMMISSION Authorization for system for­ Fourth section applications for Rules and Regulations eign currency operations____ 11102 relief------11105 Appointment, compensation, and Current economic policy direc­ Motor carrier temporary applica­ removal of hearing examiners. 11055 tive of April 30, 1968 ____ 11101 tions (2 documents)_____ 11105, 11106 FOOD AND DRUG COAST GUARD LAND MANAGEMENT BUREAU ADMINISTRATION Rules and Regulations Notices Rules and Regulations Colorado; filing of protraction Hingham Harbor, Mass.; anchor- &ge regulations______11079 Food additives; ammoniated diagram ______11094 cottonseed meal______11077 PATENT OFFICE COMMERCE DEPARTMENT Notices Food additive petitions, filing or Proposed Rule Making ^ef^ U-s^ ess ant^ Defense Services Administration; Census Bureau; withdrawal: Rules of practice in patent cases; Coast Guard; International Allied Chemical Corp______11098 proposed increase of miscella­ Army Department______11098 commerce Bureau; Patent neous fees and charges______11092 Office. Chemagro Corp______11098 Rohm and Haas Co______11098 (Continued on next page) 11053 11054 CONTENTS

POST OFFICE DEPARTMENT SMALL BUSINESS TREASURY DEPARTMENT ADMINISTRATION See also Comptroller of the Cur­ Rules and Regulations rency. Notices Miscellaneous amendments to Notices chapter ______11061 New Mexico; declaration of disas­ ter loan area-,._____ ;------11104 5% percent Treasury Notes of Series B-1974; offering of notes. 11093 SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT VETERANS ADMINISTRATION COMMISSION See Federal Aviation Administra­ Rules and Regulations tion. Notices Payment of Federal aid to States for war veterans receiving hos­ Hearings, etc.: pital, domiciliary and nursing American Checkmaster System, home care in State homes..-----11080 Inc ______—— 4------11104 Utilization of facilities other than American Electric Power Co., those under direct exclusive Inc., et al______11104 jurisdiction of the VA------11080

List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Régulations 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, 1968, and specifies how they are .affected.

5 CFR 15 CFR 3 7 CFR 930 ______— -______11055 30 . ______11076 P roposed R ules: gM.__ .11092 7 CFR 21 CFR 849------___ 11057 121. .11077 38 CFR 908______11058 17(2 documents)------_____ 11080 910______— 11058 24 CFR 927______-. .. ___ 11059 25 . ___ ; ______11077 3 9 CFR Proposed R ules: 521 _____ 11061 1 1 OftQ 33 CFR 529 __ ___ 11070 1130______- ____ 11072 110. 11H7Q l o rep fi9A ___ 11074 1Z LrK ... 11075 _____ .11060 525 526 .. . 11075 14 CFR 4 6 CFR 159______—— ___ 11076 . 11080 378. . . . - — -____ .11076 502______—— ------11055 Rules and Regulations

quired to be conducted in accordance 731.303 of this chapter and subject to Title 5— ADMINISTRATIVE with sections 556 and 557 of that title, security clearance by the agency. and to hearing examiner positions. (c) Probationary and career-condi­ PERSONNEL (b) Except as otherwise provided intional periods. The requirement of a pro­ this subpart, the rules and regulations bationary and career-conditional period Chapter I— Civil Service Commission applicable to positions in the competi­ before absolute appointment does not tive service apply to hearing examiner apply to an appointment to a hearing PART 930— PROGRAMS FOR SPE­ positions. CIFIC POSITIONS AND EXAMINA­ examiner position. § 930.202 Definitions. (d) Appointment’ of incumbents of TIONS (MISCELLANEOUS) newly classified hearing examiner posi­ Subpart B-—Appointment, Compen­ In this subpart: (a) “Agency” has the meaning given ittions. An agency may appoint as a hear­ sation, and Removal of Hearing by section 551 of title 5, United States ing examiner an employee who is serv­ Examiners Code. ing in a position which is classified as a hearing examiner position on the basis Subpart B of Part 930 is revised to (b) “Detail” means the temporary as­ of legislation, Executive order, or de­ correct citations as required by the codi­ signment of an employee from one posi­ cision of a court if : fication of title 5, United States Code tion to another position without change ( 1 ) He has a competitive status or was (Public Law 89-554) ; to provide a new in his civil service or pay status. The serving in an excepted position under a basis for the reinstatement of former assignment to a hearing examiner of a permanent appointment; Hearing Examiners; to simplify the pro­ case of the level of difficulty that would (2) He was serving in the position on visions relative to the promotion and ordinarly be assigned to a hearing ex­ the date of the legislation, Executive or­ transfer of Hearing Examiners; and to aminer of a different grade does not of der, or decision of the court on which the update and clarify other provisions. itself constitute a detail within the classification of the position is based; Subpart B— Appointment, Compensation, and meaning of this subpart. (3) The Commission receives a recom­ Removal of Hearing Examiners (c) “Hearing e x a m i n e r position” mendation for his appointment from the mean a position in which any portion of General Provisions agency concerned not later than 6 ' Sec. the duties includes those which require months after classification of the position 930.201 Coverage. the appointment of a hearing examiner on the basis of the legislation, Executive 930.202 Definitions. under section 3105 of title 5, United order, or decision of the court; and 930.203 Appointment. States Code. (4) The Commission approves his 930.204 Promotion. (d) “Promotion” means a change in 930.205 Reassignment. qualifications for the position. In an 930.206 Transfer. grade from one .position to a higher emergency situation, when the needs of 930.207 Reinstatement. graded position, whether newly created, the service require it, the Commission 930.208 Restoration. or left vacant because of promotion, may authorize the- conditional appoint­ 930.209 Detail and assignment to other demotion, transfer, reassignment, re­ ment of an employee to a heamg ex­ duties. tirement, separation of the last incum­ 930.210 Pay. aminer position pending final decision 930.211 bent, or a change resulting from the on his eligibility for absolute appoint­ Performance rating. assignment of work of higher grade than 930.212 Rotation of examiners. ment under this paragraph. 930.213 Use of examiners of other agencies. the work of the position to which the (e) Appointment of legislative and 930.214 Separation. examiner was absolutely appointed. judicial employees. An agency may ap­ 930.215 Reduction in force. (e) “Reinstatement” means reem­ point a former employee of the legis­ Hearings in Removal Cases; ployment authorized on the basis of thé lative or judicial branch to a hearing Rules of Practice appointee’s absolute status as hearing examiner position if he passes such suit­ 930.221 Letter of charges. examiner after separation from a hear­ able noncompetitive examination as the 930.222 Service. ing examiner position. Commission prescribes and is otherwise 930.223 Answer. (f) “Removal” means an involuntary eligible under the provisions of section 930.224 Appearance. change in the status of a hearing ex­ 3304(c) of title 5, United States Code. 930.225 Notice of hearing. aminer, including discharge, demotion, 930.226 Hearing. (f) Appointment of incumbents of 930.227 Burden of proof. and suspension from the position of nonhearing examiner positions. Except 930.228 Motions. hearing examiner and demotion, reas­ as provided in paragraphs (c) and (d) of 930.229 Subpenas. signment, and promotion to a position this section, an agency may not appoint sfnoQ? Witnesses and fees. other than that of hearing examiner. an employee who is serving in a position 31 Proposed findings and conclusions § 930.203 Appointment. other than a hearing examiner position 930 oqn « before Presiding officer. to a hearing examiner position, except Q3o ooo ^ « » “ unended decision. (a) Eligí île rating. An applicant for a by selection from a certificate of eligibles Commission’s adjudication. hearing examiner position who meets »ou.^34 Report of action taken. furnished by the Commission from the the minimum entrance requirements for open competitive register. B ^ rH°RITT: The Provisions of this Subpart entrance to the examination and attains § 930.204 Promotion. 5362*7521 5 UJSLO* 1305> 3105> 3344, a numerical rating determined by the Commission as sufficient to produce an When the Commission classifies an oc­ Subparf B— Appointment, Compen- adequate register is eligible for appoint­ cupied hearing examiner position at a ment. higher grade, the Commission shall satmn, and Removal of Hearing (b) Prior approval. An agency may examiners direct the promotion of the incumbent make an appointment to a hearing ex­ hearing examiner and the promotion is G eneral Provisions aminer position only with the prior ap­ effective on the date named by the § 930.201 Coverage. proval of the Commission, except when Commission. it makes its selection from a certificate § 930.205 Reassignment. ? ^ S subPa

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11056 RULES AND REGULATIONS position to another hearing examiner § 930.210 Pay. agencies in the interest of national position with the prior approval of the (a) The Commission shall classify security. Commission on a noncompetitive basis hearing examiner positions in accordance § 930.215 Reduction in force. in accordance with regular civil service with the regulations and procedures procedures. (a) Service date. The service date for adopted by the Commission for classifica­ the purpose of reductions in force of § 930.206 Transfer. tions under chapter 51 of title 5, United hearing examiners reflects the length States Code. The Commission shall make of Federal Government service. (a) With the prior approval of the these classifications independently of Commission, an agency may transfer a (b) Determination of tenure groups. In agency recommendations and ratings. determining retention standing in a hearing examiner with a promotion only (b) A hearing, examiner is entitled to after he has established his eligibility at reduction in force, each agency shall within-grade increases in accordance classify its hearing examiners in groups the higher grade in accordance with all with Part 531 of this chapter, except that current examination requirements. and subgroups according to tenure of the requirement that his work be of an employment and veteran preference in (b) An agency may transfer a hear­ acceptable level of competence as deter­ ing examiner from one hearing examiner the manner prescribed in Part 351 of this mined by the head of his agency does not chapter. However, as hearing examiners position to another hearing examiner apply. position, when this does not involve a are not given performance ratings, the (c) An agency shall not grant a quality provisions in Part 351 of fiiis chapter promotion, with the prior approval of increase under section 5336(a) of title 5, the Commission on a noncompetitive referring to the effect of performance United States Code, to a hearing ratings on retention standing are not basis in accordance with regular civil examiner. service procedures. applicable to hearing examiners. (d) Upon appointment, a hearing (c) Status of hearing examiners who § 930.207 Reinstatement. examiner shall be paid at the minimum are reached in reduction in force. (1) rate of the grade approved by the Com­ The Commission, on request of a hear­ (a) Except as provided in paragraph mission unless he is eligible for a higher (b) of this section, an agency may rein­ ing examiner who has been notified he is state a person who has reinstatement rate because of prior service. to be separated, furloughed, or demoted status and who has served with absolute §930.211 Performance rating. because of a reduction in force, shall status as a hearing examiner under sec­ place his name on: An agency shall not rate the perform­ (1) The Commission’s priority re­ tion 3105 of title 5, United States Code, ance of a hearing examiner. only after (1) he has established his ferral list for the grade in which he last eligibility at the grade to which he is to § 930.212 Rotation of examiners. served and for all lower grades; and be reinstated in accordance with all cur­ Insofar as practicable, an agency shall (ii) The open competitive hearing rent examination requirements, and (2) assign its hearing examiners in rotation examiner register, ahead of all other eli- he demonstrates that his experience to cases. gibles, for the grade from which he was satisfies all current qualification require­ separated, furloughed, or demoted as a ments. Reinstatement is subject to in­ § 930.213 Use o f examiners o f other hearing examiner and for all lower vestigation by, and the prior approval of, agencies. grades. When more than one hearing the Commission. At the request of an agency that is examiner is affected,' the Commission (b) A person whose reinstatement is occasionally or temporarily insufficiently shall rate the qualifications of the sev­ proposed need only demonstrate that his staffed, the Commission shall provide for eral examiners and relative standing at experience satisfies all current qualifica­ the temporary use by the agency of the the top of the register is based on these tion requirements if (1) he left his services of a hearing examiner of another ratings. former hearing examiner position for a agency. The Commission, with the con­ (2) A hearing examiner may file a re­ Government position of equal or superior sent of the agency in which a hearing quest under subparagraph (1) of this rank, and (2) he is being reinstated by examiner is employed, shall select the paragraph at any time after the .receipt the agency on whose rolls he formerly examiner to be used, and shall name the of the reduction-in-force notice but not served as a hearing examiner. date on which the examiner is to be made later than 90 days after the date of sepa­ available to the agency in need of his ration, furlough, or demotion. He shall § 930.208 Restoration. services. file with his request a Standard Form Parts 352 and 353 of this chapter gov­ 171 and a copy of the reduction-in-force erning reemployment rights and res­ § 930.214 Separation. notice. toration after military service apply to (a) Removal. An agency may remove (3) When there is no hearing exam­ reemployment and restoration to hear­ a hearing examiner only for good cause, iner on the agency’s reemployment pri­ ing examiner positions. established and determined by the Com­ ority list, but there is a hearing exam­ mission, after opportunity for a hearing iner who has been placed on the priority § 930.209 Detail and assignment to other and on the record thereof as provided in referral list (subparagraph (l)(i) duties. §§ 930.221 through 930.234. this paragraph) or on the top of the (a) An agency may not detail an em­ (b) Status during removal proceed­ open competitive register for priority ployee who is not a hearing examiner to ings. In exceptional cases when there certification (subparagraph (1) (ii) a hearing examiner position. are circumstances by reason of which the this paragraph), the agency may fill a (b) An agency may assign a hearing retention of a hearing examiner in his vacant hearing examiner position only examiner (by detail or otherwise) to per­ position, pending adjudication of the by selection from the priority referral form duties that are not duties of a hear­ existence of good cause for his removal, list or the register, unless it obtains the ing examiner without the prior approval would be detrimental to the interests of prior approval of the Commission un­ of the Commission only when: the Government, the agency shall either der § 930.203(b), § 930.204, § 930.205, (1) The other duties are not incon­ assign the hearing examiner to duties § 930.206, or § 930.207. sistent with the duties and responsibili­ in which these conditions would not exist, (4) Referral, certification, and selec­ ties of a hearing examiner; or place him on annual leave for the tion of hearing examiners from the agen­ (2) The assignment is to last no longer period that will be covered by the annual cy’s reemployment priority list, the Com­ than 120 days; and leave to his credit. An agency may take mission’s priority referral list, or the (3) The hearing examiner has not had action under this paragraph only with open competitive règister are made with­ an aggregate of more than 120 days of the prior approval of the Commission. out regard to selective certification pro­ those assignments within the preceding (c) Exceptions from procedures. The cedures applied in original appointment. 12 months. procedures in this subpart governing the (d) Retention preference regulations- (c) On a showing by an agency that it The reduction-in-force regulations for is in the public interest to do so, the removal of hearing examiners do not use in in reduction in force (Part 351 of Commission may authorize a waiver of apply in making dismissals requested by this chapter), except as modified by this subparagraphs (2) and (3) of paragraph the Commission under § 5.2 and § 5.4 of section, apply to reductions in force oi (b) of this section. this chapter, nor to dismissals made by hearing examiners.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11057

Hearings in R emoval Cases; R oles of § 930.227 Burden o f proof. files of the proceeding and shall transmit P ractice (a) The agency initiating removal them to the Commission, certifying that § 930.221 Letter o f charges. proceedings has the general burden of the record submitted is complete. The Commission shall consider the entire An agency shall initiate removal pro­ proof, and the proponent of any factual proposition is required to sustain the record and decide the issues in accord­ ceedings against a hearing examiner by ance with what it considers to be the filing with the General Counsel of the burden of proof with reference thereto. (b) Objections to evidence shall be applicable law and the greater weight of Commission a letter of charges (original stated briefly and shall include the the evidence. and four copies) which shall set forth grounds relied on. The transcript shall § 930.234 Report of action taken. specifically and in detail the reasons that not include argument on objections ex­ are alleged to constitute good cause for cept as ordered by the presiding officer. An agency shall take action in accord­ the hearing examiner’s removal. Rulings on objections shall appear in the ance with the Commission’s decision not § 930.222 Service. record. later than 10 days after receipt thereof, and shall report to the Commission with­ The Commission, through its Gen­ § 930.228 Motions. out delay, the action taken. eral Counsel, shall serve a copy of the The presiding officer shall act on mo­ letter of charges on the hearing exam­ United States Civil S erv­ tions, or he may refer them to the Com­ ice C ommission, iner named therein. Service shall be by mission for decision. Each ruling by the registered mail. [seal] James C. Spry, presiding officer is subject to review by Executive Assistant to § 930.223 Answer. the Commission on its adjudication of the Commissioners. the case. (a) When a respondent desires to con­ [F.R. Doc. 68-9288; Filed, Aug. 2, 1968; test the proceedings he shall file an an­ § 930.229 Subpenas. 8:45 a.m.] swer (original and four copies) to the The presiding officer or a member of letter of charges with the Commission the Commission may issue subpenas re­ within 15 days of the service of the copy quiring the attendance of witnesses or of the letter of charges. The respondent the production of documentary evidence Title 7— AGRICULTURE shall specifically admit, deny, or explain from any place in the United States, at Chapter VIII— Agricultural Stabiliza­ each of the reasons alleged in the letter any designated place of hearing. Appli­ tion and Conservation Service of charges unless he is without knowl­ cation for subpenas may be made either edge, in which case he shall so state. The to the presiding officer or to the Com­ (Sugar), Department of Agriculture Commission shall serve a copy of the an­ mission. SUBCHAPTER G— DETERMINATION OF swer on the agency. § 930.230 Witnesses and fees. PROPORTIONATE SHARES (b) Failure of respondent to file answer [Section 849.2, Rev. 3, Supp. 1] within the time limit is deemed to au­ A party at whose instance a witness thorize the Commission, without further appears shall pay witness fees and PART 849-—DOMESTIC BEET SUGAR notice to the respondent, to proceed in milage. A witness may appear voluntarily PRODUCING AREA PREVENTED regular course on the reasons set forth in without subpena. ACREAGE CREDIT; 1967 AND SUB­ the letter of charges. § 930.231 Proposed findings and con­ SEQUENT CROPS clusions before presiding officer. § 930.224 Appearance. Approved Local Areas for the 1967 A respondent may appear for himself At the termination of a hearing, the Crop of Sugar Beets or by an attorney at law who is admitted presiding officer shall fix a time within to practice before the Federal courts, or which parties may submit to him pro­ Pursuant to the provisions of section before the courts of any State or terri­ posed findings, conclusions, or reasons 302(b) of the Sugar Act of 1948, as tory of the United States. An attorney therefor (or briefs which may contain amended, § 849.10 is added to read as shall file a written notice of appearance. the same). Each party shall furnish follows: The notice of appearance shall state the copies of briefs or proposals to other § 849.10 Approved local areas for the court to which the attorney is admit­ parties to the proceeding (certifying to 1967 crop of sugar beets. ted to practice and the date of that the Commission that this has been done) admission. and shall deliver to the presiding officer For purposes of considering eligibility an original and two copies. for prevented acreage credit, the respec­ § 930.225 Notice o f hearing. tive Agricultural Stabilization and Con­ § 930.232 Recommended decision. After the filing of answer or other ap­ servation County Committees have deter­ propriate response, the Commission shall (a) The presiding officer, as soon as mined with respect to the local producing fix a time and place for hearing and shall practicable after receipt of the transcript areas listed herein that on 10 percent or notify the parties. of the hearing and of proposed findings more of the sugar beet farms in each and conclusions, or briefs, shall make or more of the number of acres planted § 930.226 Hearing. and file a recommended decision. to sugar beets on farms in each area, the (a) The Commission, a member of the (b) The presiding officer shall send a planting of sugar beets was prevented Commission, or one or more hearing ex­ copy of the recommended decision to because of drought, flood, storm, freeze, aminers appointed under section 3105 of each party to the proceeding. Any party, disease, or insects, or the planting or title 5, United States Code shall preside within 10 days after receipt of the copy harvesting was prevented by other at any hearing under this subpart. of the recommended decision, may similar abnormal and uncontrollable (b) Hearings are open to the public submit; conditions determined by the Deputy unless otherwise ordered by the Com­ (1) Exceptions to it or to any omission Administrator, State and County Opera­ mission. from it; and tions, in accordance with § 849.2. (c) The Commission shall designate (2) Additional proposals for findings (a) California. an official reporter who shall record the and conclusions with reasons therefor. County and Areas nearing under the supervision of the pre­ The party making the submission shall siding officer. The official reporter’s tran­ Butte : Area 1; T. 20 N., R. 2 E. furnish copies to the other parties (cer­ Colusa: Area 1. script of the hearing is the sole official tifying to the Commission that this has Contra Costa : Contra Costa County. anscript of the hearing. The Commis- been done), and shall file the original Fresno: Area 1; Area 3; Area 4; Area 6; T. 15 ® shall make the official transcript a and two copies with the presiding officer. S., R. 14 E. «¡h it °* recor(h The official reporter Glenn: Area 3. af a* suPPly each party with a transcript § 930.233 Commission’s adjudication. Madera: Area 1. rat« i? ■ n°k h1 excess of the maximum On receipt of exceptions and additional Merced: Area 1. r fixed by the contract between the proposals, or expiration of time therefor, Sacramento: Area 2; Area 3; Area 5; T. 4 N., R. commission and the reporter. the presiding officer shall prepare the 3 E.; T. 4 N„ R. 4 E.; T. 7 N., R. 8 E.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11058 RULES AND REGULATIONS

San Luis Obispo: T. 26 S., R. 12 E. harvesting of sugar beets was adversely, encia Orange Reg. 249, 33 F.R. 10561) Solano: Area 1; Area 2; Area 3; Area 4; T. 7 seriously, and generally affected by cer­ are hereby amended to read as follows: N., R. 1 E. tain uncontrollable natural conditions Sutter: Area 1. § 908.549 Valencia Orange Regulation on 10 percent or more of the sugar beet 249. Yolo: Area 1; Area 2; Area 3; Area 4; Area 5; farms in the area or on an acreage equal Area 6; Area 7; Area 8. * * * * * to 10 percent or more of the number of (b) Colorado. acres planted to sugar beets on farms in (b) Order. (1) * * * (ii) District 2: 350,000 cartons; County and Areas the area. * * * * * Adams: Area 1; Area 2; T. 2 S., R. 67 W. The purpose of this supplement is to Crowley: T. 21 S., R. 58 W. give notice that specific local producing (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Las Animas: Las Animas County. areas have qualified under the require­ 601-674) Morgan: T. 3 N., R. 56 W.; T. 4 N., R. 55 W. ments of § 849.2 with respect to the 1967 Dated: July 31, 1968. Otero: Area 2. crop of sugar beets. Washington: T. 5 N„ R. 54 W. Paul A. Nicholson, Weld: Area 2; Area 3; T. 6 N., R. 64 W.J T. 7 (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153, sec. 302, Deputy Director, Fruit and N., R. 64 W.; T. 1 N., R. 65 W.; T. 2 N., R. 61 Stat. 930, as amended; 7 U.S.C. 1132) Vegetable Division, Consumer 65 W.; T. 6 N., R. 65 W.; T. 1 N., R. 66 W.; T. Effective date,: Date of publication. and Marketing Service. 2 N., R. 66 W.; T. 3 N., R. 66 W.; T. 4 N., R. 66 W. Signed at Washington, D.C., on [F.R. Doc. 68-9331; Filed, Aug. 2, 1968; July 30,1968. 8:49 a.m.] (c) Idaho. Chas M. Cox, County and Areas Acting Deputy Administrator, [Lemon Reg. 332] Bannock: Area 3. State and County Operations. Cassia: Area 3. [F.R. Doc. 68-9299; Filed, Aug. 2, 1968; PART 910— LEMONS GROWN IN Franklin: Areal. 8:46 a.m.] CALIFORNIA AND ARIZONA (d) Michigan. Limitation of Handling County and Areas Chapter IX— Consumer and Market­ § 910.632 Lemon Regulation 332. Gratiot: Area 1; Lafayette. ing Service (Marketing Agreements (a) Findings. (1) Pursuant to the Isabella: Areal; Area2. and Orders; Fruits, Vegetables, Midland: Geneva; Ingersoll. marketing agreement, as amended, and Monroe: Area 4; Erie; La Salle. Nuts), Department of Agriculture Order No. 910, as amended (7 CFR Part Saginaw: Area 4; Tittabawassee; Thomas; [Valencia Orange Reg. 249, Arndt. 1] 910), regulating the handling of lemons Albee. grown in California and Arizona, effec­ Sanilac: Area 3; Marlette; Elmer; Buel; Fre­ PART 908— VALENCIA ORANGES tive under the applicable provisions of mont; Lexington; North. Shiawassee: Shiawassee County. GROWN IN ARIZONA AND DESIG­ the Agricultural Marketing Agreement NATED PART OF CALIFORNIA Act of 1937, as amended (7 U.S.C. 601- (e) Minnesota. 674) , and upon the basis of the recom­ Limitation of Handling County and Areas mendations and information submitted by the Lemon Administrative Committee, Redwood: Redwood County. Findings. (1) Pursuant to the market­ ing agreement, as amended, and Order established under the said amended mar­ (f) Montana. No. 908, as amended (7 CFR Part 908), keting agreement and order, and upon County and Areas regulating the handling of Valencia other available information, it is hereby found that the limitation of handling of Treasure: T.5N ..R . 34 fl. oranges grown in Arizona and desig­ Blaine: Area 1; Area 2; Area 3. nated part of California, effective under such lemons, as hereinafter provided, the applicable provisions of the Agri­ will tend to effectuate the declared policy (g) New York. cultural Marketing Agreement Act of of the act by tending to establish and County and Areas 1937, as amended (7 U.S.C. 601-674), maintain such orderly marketing con­ Cayuga: Conquest; Sennett. and upoii the basis of the recommenda­ ditions for such lemons as will provide, in Ontario: Seneca. tion and information submitted by the the interest of producers and consumers, Valencia Orange Administrative Com­ an orderly flow of the supply thereof to (h) Ohio. mittee, established under the said market throughout the normal market­ County and Areas amended marketing agreement and ing season to avoid unreasonable fluctua­ Hancock: Area 1; Area 2; Area 4; Area 5; order, and upon other available infor­ tions in supplies and prices, and is not Area 6. mation, it is hereby found that the lim­ for the purpose of maintaining prices to Henry: Richfield; Bartlow. itation of handling of such Valencia farmers above the level which it is de­ Lucas: Oregon; Jerusalem. oranges, as hereinafter provided, will clared to be the policy of Congress to es­ Van Wert: Areal. tend to effectuate the declared policy tablish under the act. (i) Utah. of the act. (2) It is hereby further found that it (2) It is hereby further found that itis impracticable and contrary to the pub­ County and Areas is impracticable and contrary to the pub­ lic interest to give preliminary notice, Cache: Area 1; Area 2; Community C; Com­ lic interest to give preliminary notice, engage in public rule-making procedure, munity D; Community E; Community F; engage in public rule-making procedure, and postpone the effective date of this Community I. and postpone the effective date of this section until 30 days after publication Sevier: Sevier County. amendment until 30 days after publica­ hereof in the Federal R egister (5 U.S.L. (j) Wyoming. tion thereof in the F ederal R egister (5 553) because the time intervening be­ U.S.C. 553 (1966) ) because thé time in­ County and Areas tween the date when information upon tervening between the date when infor­ Which this section is based became Washakie: Area 1; T. 47 N., R. 91 W. mation upon which this amendment is available and the time when this section S tatement of B ases and Considerations based became available and the time must become effective in order to effec­ when this amendment must become ef­ One of the conditions of eligibility of tuate the declared policy of the act is fective in order to effectuate the declared insufficient, and a reasonable time is per­ a sugar beet producer for prevented acre­ policy of the act is insufficient, and this mitted, under the circumstances, i age credit, as provided in § 849.2 of this amendment relieves restriction on the preparation for such effective time, a chapter, is that the farm of such pro­ handling of Valencia oranges grown good cause exists for making the pr - ducer be located in a local producing in Arizona and designated part of visions hereof effective as hereinafter area for which the Agricultural Stabili­ California. forth. The committee held an open meet­ zation and Conservation County Com­ Order, as amended. The provisions in ing during the current week, after giv due notice thereof, to consider suppy mittee determines that the planting or paragraph (b) (1) (ii) of § 908.549 (Val-

FEDERAL REGISTER, V O L 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11059

and market conditions for lemons and under the aforesaid amended marketing least U.S. No. 1 and are of a size not the need for regulation; interested.per­ agreement and order, and upon other smaller than the 150 size; sons were afforded an opportunity to available information, it is hereby found (ii) Beurre D’Anjou pears shipped submit information and views at this that the limitation of shipments of such from the State of Oregon or the State of meeting; the recommendation and sup­ pears, as hereinafter provided, will tend Washington prior to October 15, 1968, porting information for regulation dur­ to effectuate the declared policy of the shall have an appropriate certification ing the period specified herein were act. by the Federal-State Inspection Service, promptly submitted to the Department (2) It is hereby further found that it issued prior to shipment, showing that after such meeting was held, the pro­ is impracticable, unnecessary, and -con­ the core temperature of such pears has visions of this section, including its ef­ trary to the public interest to give pre­ been lowered to at least 35° F.; fective time, are identical wth the afore­ liminary notice, engage in public rule- (iii) Doyenne du Comice pears shall said recommendation of the committee, making procedure, and postpone the be of a size not smaller than 180 size and and information concerning such pro­ effective date of this regulation until shall grade at least U.S. No. 2: Provided, visions and effective time has been dis­ 3 todays after publication thereof Tn the That pears of such variety may fail to seminated among handlers of such F ederal R egister (5 U.S.C. 553) in that, meet the U.S. No. 2 grade requirement lemons; it is necessary, in order to ef­ as hereinafter set forth, the time inter­ only because of serious damage, but not fectuate the declared policy of the act, vening between the date when informa­ very serious damage, caused by frost in­ to make this section effective during the tion upon which this regulation is based jury, healed hail marks, russeting, or period herein specified; and compliance became available and the time when being seriously misshapen, and: Provided with this section will not require any this regulation must become effective in further, That pears of such variety which special preparation on the part of per­ order to effectuate the declared policy bear unhealed broken skin punctures not sons subject hereto which cannot be of the act is insufficient; a reasonable exceeding three-sixteenths (%6) of an completed on or before the effective date time is permitted, under the circum­ inch in diameter or depth, as the case hereof. Such committee meeting was held stances, for preparation for such effec­ may be, may be shipped if they otherwise on July 30,1968. tive time; and good cause exists for grade at least U.S. No. 1 and are of a (b) Order. (1) The respective quan­making the provisions hereof effective size not smaller than the 150 size; tities of lemons grown in California and riot later than August 9, 1968. A reason­ . (iv) Winter Nelis pears shall be of a Arizona which may be handled during able determination as to the composi­ size not smaller than the 225 size and the period August 4, 1968, through tion of the available supplies of such i§hall grade at least U.S. No. 2: Provided, August 10, 1968, are hereby fixed as pears, and therefore the extent of grade That pears of such variety which fail to follows: and size regulation warranted, must meet the U.S. No. 2 grade requirements (1) District 1: Unlimited movement; await the development of the crop; only because of serious damage, but not (ii) District 2: 265,050 cartons; recommendation as to the need for, and very serious damage, caused by frost in­ (iii) District 3: Unlimited movement. the extent of, regulation of shipments jury, healed hail marks, russeting, or be­ (2) As used in this section, “handled,” of such pears were made by said com­ ing seriously misshapen may be shipped “District 1,” “District 2,” “District 3,” mittee on July 17, 1968, after considera­ if they are of a size not smaller than the and “carton” have the same meaning as tion of all information then available 180 size, and: Provided further, That when used in the said amended market- relative to the supply and demand con­ pears of such variety which bear un­ -ing agreement and order. ditions for such pears, at which time healed broken skin punctures not exceed­ (Secs. 1- 19, 48 Stat. 31, as amended; 7 U.S.C. such recommendations and supporting ing three-sixteenths (%6) of an inch in 601-674) information were submitted to the De­ diameter or depth, as the case may be, partment on July 19, 1968, with supple­ may be shipped if they grade at least Dated: July 31,1968. mental Information received on July 26, U.S. No. 1 and are of a size not smaller P aul A. Nicholson, 1968, and notice thereof given to handlers than the 150 size. Deputy Director, Fruit and and growers; shipments of the current (2) Each handler may ship on any one Vegetable Division, Consumer crop of such pears are expected to begin conveyance up to, but not to exceed, 200 and Marketing Service. on or about the effective time hereof, and standard western pear boxes of pears, [F.R. Doc. 68-9349; Piled, Aug. 2, 1968; this regulation should be applicable to or an equivalent quantity of pears in 8:49 a.m.] all shipments of such pears in.order to other containers computed by weight to effectuate the declared policy of the act; the nearest 5 pounds, without regard to and compliance with this regulation will the inspection requirements of § 972.60 [Pear Reg. 7] not require , of handlers any preparation (b), under the following conditions: PART 927— BEURRE D’ANJOU, therefor which cannot be completed by (i) Each handler desiring to make the effective time hereof. shipment of pears pursuant to this sub- BEURRE BOSC, WINTER NELIS, d o ­ §927.307 Pear Regulation 7. paragraph shall first apply to the com­ yen n e DU COMICE, BEURRE mittee on forms furnished by the com­ EASTER, AND BEURRE CLAIRGEAU (a) Order, (l) During the periodmittee for permission to make such VARIETIES OF PEARS GROWN IN August 9,1968, through June 30,1969, no shipments. The application form shall OREGON, WASHINGTON, AND handler shall ship any pears which do provide a certification by the shipper not meet the following requirements for CALIFORNIA that all shipments made thereunder dur­ the variety.specified: ing the marketing season shall meet the Regulation by Grades, Quality, and (i) Beurre D’Anjou and Beurre Bosemarketing order requirements, that he Sizes pears shall be of a size not smaller than agrees such shipments shall be subject 195 size and shall grade at least U.S. to spot check inspection, and that he Findings. (1) Pursuant to the market­ No. 2: Provided, That pears of such agrees to report such shipments at time ing agreement, as amended, and Order varieties which fail to meet the U.S. No. of shipment to the committee on forms wo. 927, as amended (7 CFR Part 927), 2 grade requirements only because of furnished by the committee, showing the emulating the handling of the Beurre serious damage, but not very serious car or truck number and destination; and JJAnjou, Beurre Bose, Winter Nelis, damage, caused by frost injury, healed (ii) On the basis of such individual yenne du Comice, Beurre Easter, and hail marks, russeting or being seriously reports, the committee shall request spot i«ei^ re C-lAirgeau varieties of pears grown misshapen may be shipped if they are of check inspection of such shipments. in Oregon, Washington, and California, a size not smaller than the 180 size, and: (3) When used herein, “ U.S. .No. 1,” Af fu «e ^ ^ er the applicable provisions Provided further, That pears of such “U.S. No. 2,” “frost injury,” “healed hail a „?ne.Aigricultural Marketing Agreement varieties which bear unhealed broken marks,” “russeting,” and “seriously mis­ «7A 01 1937- as amended (7 U.S.C. 601- skin punctures not exceeding three- shapen” shall have the same meaning as , and upon the basis of the recom­ sixteenths (%6)" of an inch in diameter or when used in the U.S. Standards for mendations and information submitted depth, as the case may be, may be Winter Pears such as Anjou, Bose, Win­ y the Control Committee, established shipped if such pears otherwise grade at ter Nelis, Comice, and other Similar

No> 1M_____ 2 FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11060 RULES AND REGULATIONS

Varieties (§§ 51.1300-51.1323 of this thus committed its faith and credit in project. The Authority is issuing these title); “ 150 size,” “ 180 size," “ 195 size,” support of the bonds. bonds for that purpose. and “225 size” shall mean that the pears (c) Ruling. It is our conclusion that (2) The county, as required by its are of a size which, as indicated by the the $2,830,000 San Bernardino Public agreement with the city, has uncondi­ size number, will pack, in accordance Safety Authority Revenue Bonds, First tionally promised in the lease rental with the sizing and packing specifications Issue, are general obligations of a State agreement to pay annual rentals to the of a standard pack, as specified in said or a political subdivision thereof under^ Authority in an amount sufficient to meet U.S. Standards, 150, 180, 195, or 225 paragraph Seventh of 12 U.S.C. 24 and annual interest and principal payments pears, respectively, in a standard western accordingly are eligible for purchase, on these bonds as well as other neces­ pear box (inside dimensions 18 inches dealing in, underwriting and unlimited sary expenses. The county which pos­ Jong by liy 2 inches wide by 8V2 inches holding by national banks. (Comptrol­ sesses general powers of taxation has ieep); “very serious damage” shall mean ler’s letter dated July 26, 1968.) thus committed its faith and credit in any injury or defect which very seriously § 1.219 Merced County-At water Civic support of the bonds. affects the appearance or the edible or Center Authority, City Building Fa- (c) Ruling. It is our conclusion that shipping quality of the pear; and, ex­ • cilities 1968, Revenue Bonds. the $4,100,000 Santa Barbara County Public Safety Authority Revenue Bonds cept as otherwise specified, all other (a) Request. The Comptroller of the terms shall have the same meaning as are general obligations of a State or a Currency has been'requested to rule on political subdivision thereof under para­ when used in the amended 'marketing the eligibility of the $300,000 Merced agreement and order. graph Seventh of 12 U.S.C. 24 and ac­ County-Atwater Civic Center Authority, cordingly are eligible for purchase, deal­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. City Building Facilities 1968, Revenue ing in, underwriting and unlimited hold­ 601-674) Bonds for purchase, dealing in, under­ ing by national banks. (Comptroller’s Dated: July 31,1968. writing and unlimited holding by na­ letter dated July 31, 1968.) tional banks under paragraph Seventh of P aul A. Nicholson, 12 U.S.C. 24. § 1.221 Redevelopment Agency of the D&puty Director, Fruit and - (b) Opinion. (1) The Merced County- City o f Vallejo Library Lease Reve­ Vegetable Division, Consumer Atwater Authority is a public entity nue Bonds. and Marketing Service. created under the laws of California by (a) Request. The Comptroller of the ]F.R. Doc. 68-9300; Filed, Aug. 2, 1968; an agreement between the city of At­ Currency has been requested to rule on 8:46 am.] water and the county of Merced. Under the eligibility of the $1,950,000 Library this agreement the Authority is author­ Lease Revenue Bonds of the Redevelop­ ized to acquire, construct and lease pub­ ment Agency of the City of Vallejo for lic buildings and to issue bonds to purchase, dealing in, underwriting and Title 12— BANKS AND BANKING finance such projects. The Authority is unlimited holding by national banks un­ Chapter I— Bureau of the Comptroller issuing these bonds to finance the con­ der paragraph Seventh of 12 U.S.C. 24. of the Currency, Department of the struction of administration and public (b) Opinion. (1) The Redevelopment safety buildings which will be leased to Agency of the city of Vallejo is a public Treasury the city. body, corporate and politic, created un­ PART 1— INVESTMENT SECURITIES (2) The city has unconditionally der the Community Redevelopment Law REGULATION agreed with the county to pay annual of the State of California. Under the law, rentals to the Authority in an amount the Agency has power to issue bonds for Securities Eligible for Underwriting sufficient to meet the annual interest any of its corporate purposes. It is en­ and Unlimited Holding and principal payments on these bonds gaged in the redevelopment of the Ma­ as well as other necessary expenses. The rina Vista project area of the city of § 1.218 San Bernardino Public Safety city which possesses general powers of Vallejo. The redevelopment plan for this Authority Revenue Bonds. taxation has thus committed its faith area provides for a community civic cen­ (a) Request. The Comptroller of the and credit in support of the bonds. ter including a library. The Agency is Currency has been requested to rule on (c) Ruling. It is our conclusion that issuing these bonds to finance a part 0 the eligibility of the $2,830,000 San the $300,000 Merced County-Atwater the cost of construction of the library Bernardino Public Safety Authority Civic Center Authority, City Building which will be leased to the city. The re­ Revenue Bonds, First Issue, for pur­ Facilities 1968, Revenue Bonds are gen­ mainder of the cost, amounting to $1»“ chase, dealing in, underwriting and un­ eral obligations of a State or a political 182,370, will be paid for from Federal ana limited holding by national banks under subdivision thereof under paragraph State grants and from city funds. paragraph Seventh of 12 U.S.C. 24. Seventh of 12 U.S.C. 24 and accordingly (2) Under the lease rental agreem ent (b) Opinion. (1) The San Bernardino are eligible for purchase, .dealing in, the city has unconditionally promised to Public Safety Authority is a public en­ underwriting and unlimited holding by pay annual rentals to the Agency m an tity created under the laws of California national banks. (Comptroller’s letter amount sufficient to meet annual in' by an agreement between the city of San dated July 26,1968.) terest and principal payments cm the Bernardino and the county of San Ber­ bonds as well as other necessary e - nardino. Under this agreement the Au­ § 1.220 Santa Barbara County Public penses. The city which possesses general thority is authorized to acquire land, Safety Authority Revenue Bonds. powers of taxation has thus commi construct public safety buildings (jail, (a) Request. The Comptroller of the its faith and credit in support of the juvenile hall, and related facilities) to Currency has been requested to rule on bonds. , . .r,Qf be leased to and operated by the county the eligibility of the $4,100,000 Santa (c) Ruling. It is our conclusion that and to issue bonds to finance such proj­ Barbara County Public Safety Authority the $1,950,000 Library Lease Revenue ects. The Authority is issuing these Revenue Bonds for purchase, dealing in, Bonds of the Redevelopment A gency oi bonds to finance the construction of a underwriting and unlimited holding by the City of Vallejo are general obliga­ juvenile hall. It is expected that bonds national banks under paragraph Seventh tions of a State or a political subdivision to finance jail facilities will be issued in of 12 UB.C. 24.. thereof under paragraph Seventh of 1 1969. (b) Opinion. (1) The Santa Barbara U.S.C. 24 and accordingly are eligible for (2) The county, as required by itsCounty Public Safety Authority is a purchase, dealing in, underwriting ana agreement with the city, has uncondi­ public entity created under the laws of unlimited holding by national ban s. tionally promised in the lease rental California by an agreement between the /r*nmnfrnllor’e lpttw dated July 31, 196 agreement to pay annual rentals to the city of Santa Barbara and the county of Santa Barbara. Under this agreement Dated: August 1, 1968. Authority in an amount sufficient to the Authority is authorized to develop a meet annual interest and principal pay­ [seal] ' W illiam B. Camp, site for and to acquire and construct pub­ Comptroller of the Currency- ments on these bonds as well as other lic safety buildings and related facili­ necessary expenses. The county which ties to be leased to and operated by the FJt. Doc. 68-9353; Filed, Aug. 2, 1968 Q • AO o m 1 possesses general powers of taxation has county and to issue bonds to finance this FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11061

(iv) Where no time is specified at in­ agent who must make the exchange with Title 39— POSTAL SERVICE termediate offices, mail should be ex­ the train. changed within 10 minutes. Directors, (4) Through collection boxes (collec­ Chapter I— Post Office Department transportation divisions, are authorized tions only). (i) The Director, transporta­ MISCELLANEOUS AMENDMENTS TO to vary from this standard whenever tion division, may require star route con­ CHAPTER service conditions require. tractors or carriers on intrasectional (v) Except when space is available at routes to make collections from hasp and Parts 521, 522, 523, 524, 525, and 526 a loading platform where tailgate ex­ staple-type collection boxes locked by are revised to update the regulations of change may be made, a contractor or METRO series padlocks. Generally this the Post Office Department relative to the carrier is required to deliver mail into type collection will not be required on above subjects. As these regulations and take mail from the post office at intersectional star routes because this relate to a proprietary function of the each end of his route. would dilute their essential purpose of Government advance notice, public rule (vi) Employees of postal installations high-speed, over-the-road transport be­ making procedures, or a delayed effective served by star routes may be.required to tween larger post offices. date are unnecessary. Accordingly, these load or unload contractors’ vehicles or to (ii) The director, postal operations di­ revised parts now read as follows: assist contractors in loading and unload­ vision, will arrange for and keep record PART 521— STAR ROUTE SERVICE ing mail, when, in the judgment of of, METRO padlocks and keys issued for directors, transportation divisions, it is use by star route contractors or carriers Sec. in the best interests of the Postal Service who are authorized to make collections 521.1 Description. to do so. from collection boxes. The METRO keys 521.2 Postal services. 521.3 Contracts. (2) Through lobbies or lockers of post will be issued to the administrative post­ 521.4 Administration of star route service. offices, (i) Mail may be exchanged, when master or postmaster at the head of the 521.5 Record of performance. authorized, through the lobby of a post star route on which collections are au­ 521.6 Certification of exceptional contract office when no one is on duty. For this thorized. Such postmaster will be respon­ services performed. purpose the contractor will be provided sible for issuing the keys to the contrac­ 521.7 Responsibilities and duties of post­ a key to the lobby. A lobby exchange can tors and recovering the keys when no masters. be authorized only where the screen work longer needed for collections. See sub- 521.8 Screening contractors, subcontractors, extends to the ceiling; all doors, windows, paragraph (2) (iv) of this paragraph. and certain employees. and wickets connecting the lobby with (b) Box delivery and collection serv­ Authority: The provisions of this Part the working portion of the post office are ice— (1) Duties of postmasters. Post­ 521 issued under 5 U.S.C. 301, 39 U.S.C. 501, securely locked; and police protection is masters shall: 6106, 6106-6107, 6352, 6401-6402, 6407, 6411- adequate. If any doubt exists as to the (i) Upon request of a patron for box 6426,6429-6434, 6436-6440. propriety of a lobby exchange, secure delivery and collection service, complete § 521.1 Description« approval of the postal inspector in and furnish patron Form 5431, Star (a) Definition. Star route service is charge. Route Box Patron Notice. If uncertain as the means used by the Post Office De­ (ii) Exchanges may also be made to the type of box service required by the partment for intercity highway trans­ through lockers when approved by the contract, ascertain contract require­ portation of mail. Routes are operated postal service officer, or the director, ments from the director, transportation under formal contracts, awarded after transportation division, and the postal division. competitive bidding, and may provide inspector in charge. Locks and keys for (ii) Arrange mail addressed to patrons box delivery, collection, and other serv­ lockers may be provided by either the served through boxes in the order of de­ ices normally furnished by rural carriers. postmaster or the contractor. livery by the carrier, unless the contract (b) Head of route. The term “head of (iii) Postmasters shall obtain a signed requires that the carrier arrange his mail a route” means the first post office re­ receipt for each key furnished to star in proper order for distribution. ferred to in the statement of service. It route contractors or carriers for use in (iii) Make a table and routing case may be the initial point originally named exchanging mail through the lobby or available to the carrier if the contract or one later stated as a result of change locker of the post office. Reclaim the key requires that he case his mail and in­ in the route. The office from which a car­ and surrender the receipt when key is struct him in the distribution and ar­ rier starts his trip is not necessarily the no longer needed. When old keys are rangement of mail in proper order for head of a route. recovered or new ones issued, notify the delivery to patrons. director, transportation division, who will (iv) Deliver to carrier any mail ad­ § 521.2 Postal services. maintain a current record of all out­ dressed to a patron of his office who: (a) Exchange of mail— (1) At post of­standing keys. (a) Lives on or near the star route on fices. (i) The carrier must exchange mail (iv) Keys furnished to star route con­ which box delivery is required. at each post office on the route in accord-, tractors or carriers must be protected (b) Has provided suitable box or sack. ance with the terms of the contract and against theft at all times. Do not allow See § 159.4 of this chapter. any subsequent orders changing the examination of the key or its possession (c) Has completed and filed a Form service. by an unauthorized person. 5431 with the postmaster. (ii) Where tailgate exchange at \ (v) Star route contractors or carriers (v) Instruct carrier as to proper point loading platform cannot be made at ai must not have access to rotary, LA, SR at which mail is to be delivered. series padlock, street letterbox (except intermediate post office and the carrie (vi) Withhold delivery of registered, cannot drive his vehicle near the door o METRO series—see subparagraph (4) insured, certified, and COD mail to car­ the post office, the postmaster must ar of this paragraph), or post office work­ rier for delivery. See § 159.3(b) (4) of this ange to take the mail. A carrier must no room keys. carrier deliver such mail. (3) At railroad stations, (i) Where a eave his vehicle containing mail un (vii) Tie out and place in pouch mail protected. In no case shall mail be throwi star route terminal is at a railroad sta­ on the ground. tion at which no agent is on duty, the addressed to patrons of his office who reside along road traveled by carrier after (iii) All intermediate post offices oi carrier may be required to exchange mail with trains, unless locker service is pro­ serving another post office on the route. ar routes must be supplied by carrier This mail is removed from pouch by the n both outward and inward trips unles vided. Where catcher service is provided, the carrier may be required to hang postmaster at office last supplied before S ? " * stifled * Directors, trans pouches and take charge of mail dis­ serving such patrons and handed-to car­ p nation divisions, may change the fre rier for delivery. See § 159.3(b) (4) of this quency °f supply to intermediate? offices patched from trains. (ii) Where a railroad agent is on dutychapter. Pnil?Utr. lssuance of formal orders oi rm 5440-C, Contract Route Servie and the exchange of mail would impose Postmasters must not deliver mail to car­ a hardship on the carrier or delay mail rder, provided distances as shown in tb rier outside of regular lock pouch before for the star route, the carrier must de­ it has reached the post office to which it statement of service are not affected. liver the mail to, and receive it from, the is addressed.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11062 fcULES AND REGULATIONS

(2) Duties of carriers and patrons. rector, transportation division, for dis­ (c) No member of the immediate fam­ (i) See §§ 159.3 and 159.4 of this chap­ tribution to postmasters at post offices ily of a postmaster or assistant postmas­ ter for the principal duties of carriers named in advertisements, prospective ter shall be awarded a contract or be a and patrons. bidders, and othqr interested persons. surety on a bond, or be a subcontractor (ii) If the contract requires that theForm 5468-5468-A, Star or Water Route or carrier on a star route; except, that a carrier case his mail, he must: Bid and Bond—Work Sheet, is used in person who becomes a member of the (a) Report to post office in sufficient submitting bids. immediate family of a postmaster or as­ time to distribute mail in advance of (ii) Distances stated in advertise­ sistant postmaster after being awarded scheduled departure time. ments. Most advertisements inviting pro­ a contract or after being recognized as a (b) Accept mail addressed to patrons posals for star route service show the subcontractor may continue to perform of the route, from the postmaster, and one-way length of the routes and refer such contract and is eligible for a re­ arrange it in order of delivery. to: newal contract. ^‘Immediate family,” as (c) Prepare and maintain a list of the (a) Distancés traveled by carriers used in this section, means spouse and names of the patrons served, arranged in where service is in operatiop. other persons related to the postmaster alphabetical order with the box number (b) Distances by shortest public roads or assistant postmaster by blood who are opposite each name. between points named on new routes. regular members of the postmaster’s or assistant postmaster’s household. (d) Markup and forward mail for pa­ Distances stated in advertisements are trons on his route who have filed a (d) No contract for carrying mail will believed to be substantially correct. The be made with any person who has en­ change of address order and make appro­ pay will be neither increased nor de­ priate entry in the roster book. tered or proposed any combination to creased if the actual distance is greater prevent the making of any bid for carry­ (c) Sale of stamps and stamp supplies.'or less than advertised, provided the If contract requires carrier to sell stamps ing mail or who has agreed, or given or points to be supplied are correctly promised any consideration, to induce and stamp supplies, he must: stated. (1) Carry a stock sufficient to meet another person not to bid for such a (iii) Advertising by postmasters. Post­ contract. the needs of his patrons. masters must: (2) Accept a fixed credit of postage (e) No contract will he made with a (a) Post copies of bulletin advertise­ person known to have been convicted of stamp stock. Fixed credit will be pro­ ments in conspicuous places in the lob­ vided by the postmaster at the head of a crime such as embezzlement, robbery, bies of their post offices for the periods burglary, larceny, perversion or other the route. Where the carrier serves pa­ stated in the advertisements. trons who receive mail through other notoriously immoral acts; known to have (b) Obtain the widest possible pub­ associated with known criminals; or offices on the route, the carrier will re­ licity, without expense to the Postal Serv­ plenish his fixed credit at those offices in known to have a record of serious mov­ ice, to gain the attention of interested ing traffic violations, unless he has since amounts representing sales made by him persons. to patrons served through these offices. been rehabilitated and has become a re­ (c) Familiarize themselves with the sponsible citizen. § 521.3 Contracts. advertisements and attached instruc­ (/) A married woman may contract or tions, and the services to be performed. be surety as though she were unmarried (a) Contract terms. Contracts are id) Maintain an ample supply of pro­ made for terms of 4 years or for the re­ where the laws of the State permit. When posal forms (Form 5468-5468—A) while a woman bids or signs as-surety, whether mainder of a contract term set for the advertisement is pending. Make immedi­ State in which the route is located. To she is married or single must be stated. ate request to director, transportation (ii) Knowledge of service factors. Bid­ spread the workload, contract terms are division, for needed forms, telephoning staggered for the different States within ders should familiarize themselves with: or telegraphing that office when neces­ (a) Service to be performed, includ­ regions. sary to obtain forms during last few (b) Types of contracts. Star routes are ing mileage and time required. closing days for receipt of bids. (b) Estimated weight and volume of classified according to services required (e) Furnish prospective bidders a as .follows: mail to be carried and size of vehicle copy of the advertisement and bid form required. (1) Serving post offices and perform­ on request. ing delivery and collection service to box (c) Condition of roads, including toll (2) Requirements of bidders— (i) patrons. C lldi^ G S . (2) Serving post offices but not per­ Eligibility. Any person who is at least 21 (

FEDERAL REGISTER, VOL. 33, NO. 153— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11063

bond. In these cases, at least one other American States Insurance Co., Indianapolis, Grain Dealers Mutual Insurance Co., Indian­ qualified surety is necessary. Ind. apolis, Ind. (d) The obligation under the bid bond Argonaut Insurance Co., Menlo Park, Calif. Granite State Insurance Co., Manchester, is that the bidder will execute a contract Associated Indemnity Corp., San Francisco, N.H. Calif. Great American Insurance Co., New York, with good and sufficient sureties (see Atlantic Insurance Co., Dallas, Tex. N.Y. paragraph (d)(2) of this section) and Atlantic Mutual Insurance Co., New York, Great Northern Insurance Co., Minneapolis, that service will be performed according N.Y. Minn. to the contract. If an accepted bidder Auto-Owners Insurance Co., Lansing, Mich. Greater New York Mutual Insurance Co., fails to enter into the prescribed con­ Balboa Insurance Co., Los Angeles, Calif. New York, N.Y. tract orr after having executed a con­ Bankers Multiple Line Insurance Co., Chi­ Guarantee Insurance Co., Los Angeles, Calif. tract, fails to perform service in accord­ cago, 111. Gulf American Fire & Casualty Co., Mont­ ance with the contract, he and his Bankers and Shippers Insurance Co., of New gomery, Ala. . . York, New York, N.Y. Gulf Insurance Co., Dallas, Tex. sureties are liable for the amount of the Birmingham Fire Insurance Co. of Pennsyl­ Hanover Insurance Co., New York, N.Y. bid bond. vania, Pittsburgh, Pa. Hardware Mutual Casualty Co., Stevens (e) No proposal for the transportation Boston Old Colony Insurance Co., New York, Point, Wis. of the mail shall be considered when ac­ N.Y. Hartford Accident & Indemnity Co., Hartford, companied by a bond executed on behalf Buckeye Union Insurance Co., Columbus, Conn. of a surety by or through any organiza­ Ohio. Hartford Fire Insurance Co., Hartford, Conn. tion of mail transportation contractors Camden Fire Insurance Association, Camden, Hawkeye-Security Insurance Co., Des Moines, or an officer or employee of such orga­ N.J. Iowa Capitol Indemnity Corp., Madison, Wis. Highlands Insurance Co., Houston, Tex. nization, nor shall any such proposal be Cascade Insurance Co., Tacoma, Wash. Home Indemnity Co., New York, N.Y. considered when a portion of the bond Celina Mutual Insurance Co., Celina, Ohio. Home Insurance Co., New York, N.Y. premium, a commission on the bond sale, Centennial Insurance Co., New York, N.Y. Home Owners Insurance Co., Chicago, 111. or any other thing of value accrues to any Central Mutual Insurance Co., Van Wert, Hudson Insurance Co., New York, N.Y. organization of mail transportation con­ Ohio. Illinois National Insurance Co., Springfield, tractors or officer or employee thereof as Cincinnati Insurance Co., Cincinnati, Ohio. 1 1 1 . a result of the execution of the bond. Charter Oak Fire Insurance. Co., Hartford, Indiana Bonding & Surety Co., Indianapolis, Conn. Ind. (/) Amount of bond required with bid Citizens Insurance Co. of New Jersey, Hart­ Indiana Insurance Co., Indianapolis, Ind. is stated in advertisement. ford, Conn. Industrial Indemnity Co., San Francisco, (9) Following is a list of surety com­ Commercial Insurance Co. of Newark, N.J., Calif. panies, and locations of their principal New York, N.Y. Inland Insurance Co., Lincoln, Nebr. offices, approved by the Treasury De­ Commercial Standard Insurance Co., Fort Insurance Company of North America, Phila­ partment as acceptable on Federal bonds. Worth, Tex. delphia, Pa. However, only a few of these companies Commercial Union Insurance Co. of New Insurance Company of the State of Pennsyl­ underwrite star route bonds. In many York, New York, N.Y. vania, New York, N.Y. Connecticut Indemnity Co., Hartford, Conn. International Fidelity Insurance Co., Newark, cases, local agents for surety companies Consolidated Insurance Co., Indianapolis, N.J. have beeh instructed by the surety com­ Ind. International Service Insurance Co., Fort panies that they have no authority to Consolidated Mutual Insurance Co., Brook­ Worth, Tex. execute star route bonds although this lyn, N.Y. Iowa Mutual Insurance Co., De Witt, Iowa exception may not be reflected in the Continental Casualty Co., Chicago, 111. Jersey Insurance Co. of New York, New York, agent’s general power of attorney. Continental Insurance Co., New York, N.Y. N.Y. Cosmopolitan Mutual Insurance Co., New The Aetna Oasualty & Surety Co., Hart­ Kansas City Fire & Marine Insurance Co., ford, Conn. York, -N.Y. Glens Fahs, N.Y, », Cumis Insurance Society, Inc., Madison, Wis. Aetna Insurance Co., Hartford, Conn. Lawyers Surety Corp., Dallas, Tex. Emmco Insurance Co., South Bend, Ind. Liberty Mutual Insurance Co., Boston, Mass. Agricultural Insurance Co., Watertown, N.Y. Empire Fire & Marine Insurance Co., Omaha, Lumbermens Mutual Casualty Co., Chicago, Nebr. 1 1 1 . Allegheny Mutual Casualty Co., Meadville, Pa. Employers Casualty Co,, Dallas, Tex. Allied Mutual Insurance Co., Des Moines, Maine Bonding and Casualty Co., Portland, Iowa. Employers’ Fire Insurance Go., Boston, Mass. Maine Employers Mutual Casualty Co., Des Moines, Allstate Insurance Co., Skokie, . Manhattan Fire and Marine Insurance Co., 111 Iowa. New York, N.Y. American Automobile Insurance Co., San Francisco, Calif. Employers Mutual Liability Insurance Co. Maryland. American General Insurance Co., of Wisconsin, Wausau, Wis. Houston, Tex. American Bonding Co., Los Angeles, Calif. Employers Reinsurance Corp., Kansas City, American Casualty Co.,, of Reading, Pa., Maryland Casualty Co., Baltimore, Md. Chicago, 111. & Mo. Massachusetts Bay Insurance Co., Boston, Equitable Fire & Marine Insurance Co., Hart­ Mass. American Credit Indemnity Co., of New York, Baltimore, Md. ford, Conn. Merchants Mutual Bonding Co., Des Moines, Farmers Elevator Mutual Insurance Co., Des Iowa AlMass£Ln Employers’ Insurance Co., Boston, -Moines, Iowa. Michigan Millers Mutual Insurance Co., American Fidelity Co., Manchester, N.H. Farmers Mutual Hail Insurance Co. of Iowa, Lansing, Mich. Des Moines, Iowa. American Fire and Casualty Co., Orland Michigan Mutual Liability Co., Detroit, Mich. Federal Insurance Co., New York, N.Y. Mid-Century Insurance Co., Los Angeles, Calif. American and Foreign Insurance Co., New Federated Mutual Implement & Hardware xorfc, N.Y. Insurance Co., Owatonna, Minn. Millers Mutual Fire Insurance Co., Harris­ American General insurance Co., Houston, Fidelity & Casualty Co. of New York, New burg, Pa. York, N.Y. Millers Mutual Fire Insurance Co., of Texas, Fidelity and Deposit Co. of Maryland, Balti­ Fort Worth, Tex. American Guarantee & Liability Insurance Chicago, 111. more, Md. Miller^’ Mutual Insurance Association of Illi­ Fidelity-Phenix Insurance Co., New York, American Home Assurance Co., New York, nois, Alton, 111. N.Y. Millers National Insurance Co., Chicago, 111. Fireman’s Fund Insurance Co., San Fran­ Mutual Boiler and Machinery Insurance Co., A^p^ ^ IPflemnit3r Co., Galveston, Tex. cisco, Calif. Waltham, Mass. Calif Insurance Co., San Francisco,. Firemen’s insurance Co. of Newark, N.J., New National Automobile & Casualty Insurance York, N.Y. Co., Los Angeles, Calif. AmeriCan Manufacturers Mutual Insurance, co„ Chicago, 111. First Insurance Co. oi Hawaii, Ltd., Honolulu, National-Ben Franklin Insurance Co., of merican Motorists Insurance Co., Chicago, Hawaii Pittsburgh, Pa., New York, N.Y. Fulton Insurance Co., New York, N.Y. National Casualty Co., Detroit, Mich. General Fire & Casualty Co., New York, N.Y. National Fire Insurance Co., of Hartford, A wIkeafleidMlS Liabllity InSUrance Co- General Insurance Co. of America, Seattle, Chicago; 111. Wash. National Grange Mutual Insurance Co., ^ O T k ^ Yati°nal Fire insurance Co., New General Reinsurance Corp., New York, N.Y. Keene, N.H. Glens Falls Insurance Co., Glens Falls, N.Y. National Indemnity Co., Omaha, Nebr. American Re-Insurance Co., New York, N.Y. Globe Indemnity Co., New York, N.Y. National Reinsurance Corp., New York, N.Y.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11064 RULES AND REGULATIONS

National Standard Insurance Co., Houston, State Surety Co., Des Moines, Iowa. bond. See subparagraph (2) (iii) (d) of Tex. Statesman Insurance Co., Indianapolis, Ind. this paragraph. National Surety Corp., New York, N.Y. Stuyvesant Insurance Co., Allentown, Pa. (ix) Suggest to bidders that if they National Union Fire Insurance Co.* of Pitts­ Summit Fidelity & Surety Co., Chicago, 111. plan to obtain corporate bid bond burgh, Pa., Pittsburgh, Pa. Sun Insurance Co. of New York, New York, N.Y. through a local agent, they make sure National Union Indemnity Co., Pittsburgh, the agent has authority from the surety Pa. Superior Insurance Co., Indianapolis, Ind. Nationwide Mutual Insurance Co., Columbus, Superior Risk Insurance Co., LeRoy, Ohio. company to write this type of bond. See Ohio Traders & General Insurance Co., Dallas, Tex. subparagraph (2) (iii) (fir) of this para­ New Hampshire Insurance Co., Manchester, Transamerica Insurance Co., Los Angeles, graph. N.H. Calif. (4) Restriction on postmaster partici­ New York Underwriters Insurance Co., New Transcontinental Insurance Co., Chicago, 111. pation. Postmasters are official agents of York, N.Y. Transit Causualty Co., St. Louis, Mo. Transport Indemnity Co., Los Angeles, Calif. the Post Office Department. They are Newark Insurance Co., New York, N.Y. liable to dismissal from office for: Niagara Fire Insurance Co., New York, N.Y. Transportation Insurance Co., Chicago, 111. North American Reinsurance Corp., New Travelers Indemnity Co., Hartford, Conn. (i) Acting as agents of contractors, York, N.Y. Trinity Universal Insurance Co., Dallas, Tex. subcontractors, or bidders, with or with­ North River Insurance Co., New York, N.Y. Tri-State Insurance Co., Tulsa, Okla. out compensation, in any negotiations re­ North Star Reinsurance Corp., New York, Twin City Fire Insurance Co., Hartford, Conn. lating to mail service. N.Y. United Bonding Insurance Co., Indianapolis, ^ (ii) Divulging the amount of any pro­ Northeastern Insurance Co. of Hartford, Des Ind. posal which they have certified. Moines, Iowa. United Fire and Casualty Co., Cedar Rapids, (5) Obtaining proposal forms. Pro­ Northern Assurance Co. of America, Boston, Iowa. posal forms may be obtained from: Mass. United Pacific Insurance Co., Tacoma, Wash. Northern Insurance Co. of New York, Balti­ United States Fidelity & Guaranty Co., Bal­ (i) Directors, transportation divisions. more, Md. timore, Md. (ii) Postmasters at offices where ad­ Northwestern National Casualty Co., Mil­ United States Fire Insurance Co., New York, vertisements are posted. waukee, Wis. N.Y. Similar forms, approved by the De­ Northwestern National Insurance Co., Mil­ Universal Surety Co., Lincoln, Nebr. partment, are furnished by surety com­ waukee, Wis. Utica Mutual Insurance Co., Utica, N.Y. panies and, distributed through local Ohio Casualty Insurance Co., Hamilton, Ohio. Valley Forge Insurance Co., Chicago, HI. Vigilant Insurance Co., New York, N.Y. agents and postmasters directly to con­ Ohio Farmers Insurance Co., LeRoy, Ohio. tractors and bidders. Olympic Insurance Co., Los Angeles, Calif. West American Insurance Co., Hamilton, Oregon Automobile Insurance Co., Portland, Ohio. (6) Submitting Bids. Bids must be Oreg. Westchester Fire Insurance Co., New York, submitted as follows: Pacific Employers Insurance Co., Los Angeles, N.Y. (i) Each proposal must be sent in a Calif. Western Casualty & Surety Co., Fort Scott, sealed envelope addressed: Kans. Pacific Indemnity Co., Los Angeles, Calif. Director, Transportation Division, Post Pacific Insurance Co., Ltd», Honolulu, Hawaii. Western Fire Insurance Co., Fort Scott, Kans. Western Pacific Insurance Co., Seattle, Wash. Office Department, C ity ______State Pacific Insurance Co. of New York, New Ÿork, ______, and endorsed Mail Proposal, N.Y. Western Surety Co., Sioux Falls, S. Dak. Wisconsin Surety Corp., Madison, Wis. Route freon C ity______to City------Peerless Insurance Co., Kéene, N.H. State o f ______:____ Pennsylvania Insurance Co., New York, N.Y. Wolverine Insurance Co., Battle Creek, Mich. Pennsylvania Manufacturer’s Association In­ (ii) Bids must be mailed in time to surance Co., Philadelphia, Pa. (3) Instructions to bidders. Postmas­reach the director, transportation divi­ Pennsylvania Millers Mutual Insurance Co., ters must: sion, at the address and ■within the time Wilkes-Barre, Pa. (i) Caution prospective bidders that limit specified in the advertisement. Pennsylvania National Mutual Casualty In­ their proposals must be completed and Bids received after the time limit speci­ surance Co., Harrisburg, Pa. properly executed, including the required fied in the advertisement will not be Phoenix Assurance Co. of New York, New bonds, and must be mailed to reach the York, N.Y. considered unless they are received be­ director, transportation division, within fore the award of contract is made and Phoenix Insurance Co.v Hartford, Conn. the time limit for the receipt of bids as Planet Insurance Co., Philadelphia, Pa. it is determined that their failure to Potomac Insurance Co., Philadelphia, Pa. shown in the advertisements. arrive on time was due solely to delay Providence Washington Insurance Co., Provi­ (ii) Point out to bidders the instruc­ in the mail for which the bidder was not tions attached to the advertisements dence, R.I. responsible. Prudential Insurance Co. of Great Britain Lo­ and on the proposal forms. (iii) If bond is to be executed by a cated in New York, New York, N.Y. (iii) Suggest that bidders contact the surety company, the proposal should be Public Service Mutual Insurance Co., New proper director, transportation division, York, N.Y. properly prepared, other than the bond, to obtain definite information regarding and transmitted directly to the bonding Queen Insurance Co. of America, New York, local conditions and services required. N.Y. company in ample time to have it com­ Ranger Insurance Co., Houston, Tex. (iv) Point out to prospective bidders pleted and filed in the office of the direc­ Reinsurance Corp. of New York, New York, the legal residence requirements. See sub- tor, transportation division, within the N.Y. paragraph (2) (i) (a) of this paragraph. time limit stated in the advertisement. Reliance Insurance Co., Philadelphia, Pa. (v) Caution bidders not to submit (iv) When bond is to be executed by a Republic Insurance Co., Dallas, Tex. bids with the expectation of having their surety company, the certificate as to bid­ Resolute Insurance Co., Hartford, Conn. pay readjusted if awarded a contract, as Royal Indemnity Co., New York, N.Y. der may be executed prior to the comple­ Safeco Insurance Co. of America, Seattle, no increase will be allowed except for tion of the bond. (See certificate and Wash. changed conditions as provided by law. note on back of proposal, Form 5468.) Safeguard Insurance Co., New York, N.Y. See part 526 of this chapter. (7) Time limitations. The following St. Paul Fire & Marine Insurance Cp., St. (vi) Advise bidders that no claim for time limitations apply: Paul, Minn. additional pay can be allowed which is (i) No withdrawal of a bid will be St. Paul Mercury Insurance Co., St. Paul, based on alleged mistakes or misappre­ Minn. allowed unless notice of withdrawal is Seaboard Surety Co., New York, N.Y. hensions as to service requirements. received in the office of the director, Security Insurance Co. of Hartford, Hartford, (vii) Inform prospective bidders not transportation division, at least 24 hours Conn. to permit the use of their names unless before the expiration of the time limit Security Mutual Casualty Co., Chicago, 111. they intend to carry the mail or super­ stated in the advertisement. Security National Insurance Co., Dallas, Tex. vise the service in person. Every bidder (ii) The Post Office Department may Select Insurance Co., Dallas, Tex. must sign a statement that his bid is award a contract at any time within 60 Southern General Insurance Co., Allentown, days after the date stated in the adver­ Pa. - made in good faith and with the inten­ Standard Fire Insurance Co., Hartford, Conn. tion of performing service if it is tisement as the closing date for the re­ State Automobile Mutual Insurance Co., Co­ accepted. ceipt of bids. A contract may be awardea lumbus, Ohio. (viii) Point out to bidders and individ­ during an additional 60-day period o State Fire and Casualty Co., Miami, Fla. ual sureties the obligation under the bid written consent of the bidder and m

FEDERAL REGISTER, V O L 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11065

sureties at their bid price. against any employee or applicant for (v) Contractors and their drivers are (d) Award of contracts.—Require­employment because of race, color, re­ prohibited from picking- up hitchhikers ments for award. Contracts are awarded ligion, or national origin. while transporting mail. . to the lowest responsible bidder who (9) Oath of contractor. A contractor (4) For maintaining schedules, (i) tenders sufficient guarantees for celerity, shall take the required oath when exe­ Contractors and carriers must: certainty, and security in faithful per­ cuting his contract.- (a) Carry the mail according to the formance of service in accordance with le) Contractor’s responsibilities— (1) schedule of departures and arrivals and terms of the advertisement. The Post­ For providing and maintaining equip­ within the running time stated in the master General shall not be bound to ment. (i) The contractor must furnish advertisement under which the contract consider the bid of any person who has adequate and suitable motor vehicles or is made, unless the schedule is altered by wilfully or negligently failed to comply other equipment necessary to carry the authority of the director, transportation with the terms of a former contract. mail. division. If the schedule is altered by a (2) Execution of contract. The accept­ (ii) Unless otherwise specified, motor proper order, they must adhere to the ed bidder will be required to execute a vehicles must be used. When road or altered schedule. contract with good and sufficient sureties weather prevent their use, other means (b) Be allowed an equal amount of ad­ satisfactory to the Postmaster General. of conveyance must be furnished. ditional time on the schedule when more These sureties can be the same as those (iii) Contracts for certain routes spec­ than* 10 minutes is taken for opening and furnished on the bid bond. ify the size or number, or both size and closing the mail at any post office, unless (3) Qualifications of su reties. Al­ number, of vehicles required. Contractors otherwise provided in the contract. though individual sureties on a contract on such routes cannot be required to (c) Where specific instructions have are not required to be owners of real provide equipment and service in excess been issued by the director, transporta­ estate, they must be responsible persons of that specified. tion division, on routes serving large post and competent to perform the service (iv) Contractors must maintain their offices and sectional centers, notify post­ required by the contract if called on to vehicles in a safe and dependable condi­ masters in advance by telephone collect do so. ... .'-.y tion and must keep them clean and tidy. of estimated delayed arrival due to break­ (4) Obligation of sureties on contract. (v) If a truck is used to carry the downs or other causes or when extra Sureties on the contract are, in effect, mail, the director, transportation divi­ large volumes of mail are being carried. cocontractors, and in event of default sion, shall require the contractor to pro­ (d) Operate on standard time unless or removal of contractor, are responsible vide a truck, the body of which must be otherwise specified. for continued operation of the service. fully enclosed, waterproof, equipped with (ii) Postmasters must not: They may also be called on to take over secure locking devices, such as key or (a) Except in cases of emergency, de­ operation of the route in the event of combination locks, and kept locked en- liver mail to carriers before scheduled death of the contractor. See § 521.4(f) route between offices. departure time without permission from (4). (2) For performing service, (i) Con­ the postal service officer or the director, (5) Filing contract. The successful tractors must perform service on all transportation division. When earlier de­ bidder must execute and file his con­ scheduled days including holidays, unless livery of mail to a carrier would be ad­ tract with the director, transportation otherwise specified in contracts. vantageous to the carrier, patrons on the division, within 60 days from the date (ii) The contractor must serve -regu- route, or the mailing public, the postmas­ of acceptance of bid. larily post offices in operation on the date ter may recommend to the postal service (6) Reservations. The Postmaster of the advertisement. Also, he must serve officer or the director, transportation General reserves the right to: regularly post offices established after division, that the carrier be permitted to (i) Reject all bids on any route when­ the date of the advertisement, as well as leave before scheduled time. Star route ever the interest of the service requires. railroad stations and junction points, carriers and dispatch clerks will conform (ii) Rescind the acceptance of a pro­ which may be included for supply on his to the closing times listed in post offices. posal at any time before the signing of routes, without additional compensation (b) Permit mail to be taken from the the formal contract by a representative if there is no additional travel. post office to be kept in a private home of the United States, without allowing (iii) Contractors must agree in their overnight. indemnity. contracts to deductions from their pay (5") For operating vehicles according (iii) Suspend the award of a contract for all regularly authorized service not to law. Transportation by contractors of for a period not exceeding 60 days after performed. See § 521.4(d) (4). passengers or property other than mail the date stated in the advertisement as (iv) Contractors must not carry mail is subject to the following: the closing date for receipt of bids and on a railroad or electric car except as (i) The award of a contract for the allow a corresponding extension of time directed by the Bureau of Transporta­ tion. transportation of mail grants no special for execution of the contract. It is not right or privilege to the contractor to Possible to award contracts to be (3) For giving preference to mail, (i) transport passengers, freight, or express. effective on the dates specified in the Contractors must transport the whole If the contractor desires to transport pas­ advertisements. of the mail on each scheduled trip dur­ sengers or cargo other than mail for (iv) Reject bids accompanied by bonds ing the term of the contract unless compensation in interstate or foreign on which there appears as surety the otherwise specified. Where a contract commerce, he must obtain authority from name of a person who is not responsible specifies only certain classes of mail to the Interstate Commerce Commission. If or who is barred from bidding for any be transported, the term “the whole of TAQ CAV\ v he desires to transport either in intra­ the mail” means all mail of the classes state commerce, he must obtain author­ , Disregard bids of those perse specified. ity from the State in which he will oper­ kave not submitted proposals (ii) Star route contractors and carriers ate, if such authority is required by that sood faith and do not intend to perfo; may transport passengers, freight, and State. He must comply with all laws and service in accordance with the terms express so long as it does not interfere the advertisement. regulations of the State or States which with transportation of mail, provided all apply to carriers of passengers and cargo okiJ u- bids- When the lowest acce] applicable Federal and State laws and for hire. If passengers are transported, uhii ulds .are a^ same rate, preferer regulations are complied with. mail must be carried in a separate com­ if ,- be glven the present contracl (iii) When sent as mail, packages must partment so passengers will not have ac­ th i ef i1S 4?ne of 016 tie bids- Otherwi be carried as such and no charge shall be cess to the mail. the selection will be made by lot. made by the carrier for transporting them. (ii) Contractors must know and com­ I^'be contractor mi ply with interstate and intrastate laws person that has not emPl°yed a (iv) Where permitted by law, the con­ person to solicit or secure the contn governing the operation of motor vehi­ tractor may transport intoxicating cles. They must comply with all safety Dftr an* agy.eement for a commissii liquors outside the mail if carrying them measures prescribed by State and Fed­ feis w ge’ brokerage, or continge does not interfere with the transporta­ eral laws and regulations governing the e must agree not to discriminj tion of the mail. operation of motor vehicles and with

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3* 1968 11066 RULES AND REGULATIONS the Interstate Commerce Commission’s both tractor or truck cab side doors in service. He should immediately report the Motor Carrier Safety regulations issued block letters at least 1 inch high, “U.S. matter to the administrative postmaster. from time to time, to the extent stated in Mail Contractor.” Trailers, so painted, See paragraph (e) (4) of this section. the advertisement and as required by must also bear the same inscription in (c) Changes in schedules. (1) Direc­ the Post Office Department. block letters at least 2 inches high on the tors, transportation divisions, may issue (6) For transporting postal officials front of the trailer, sufficiently high to be orders changing schedules of departure and equipment, (i) Contractors and car­ visible above the tractor unit. and arrival, particularly to make them riers must transport postal inspectors (e) For protection of mail. The con­ conform to connections with railroads or and other officials of the Postal Service, tractor and his sureties are accountable other mail routes, without increase in on presentation of their credentials, over and answerable in damages for failure pay. regularly scheduled trips and between to protect the mail from loss, depreda­ (2) Changes in schedules must be au­ the points specified in the official state­ tion, becoming wet, and other damage thorized by the director, transportation ment of the route, if the conveyance used either from the elements or other causes. division. is suitable. Contractors and carriers must not smoke (3) The schedule on a route must not (ii) Bus companies are not required or carry lighted cigars, cigarettes, or be changed for the convenience of the to transport postal inspectors and other pipes in the mail compartments of their contractor, subcontractor, or carrier, if officials except on vehicles carrying mail vehicles. the change would be detrimental to the and between points where service is au­ (f) Renewals. A regular contract may service. thorized. be renewed for additional terms, without (4) The financial effect that a change (iii) The presence of a postal inspec­ advertising, at the rate prevailing at the in schedule may have on a contractor tor in the carrier’s vehicle or in the vi­ end of the contract. must be taken into consideration. Rever­ cinity of the route shall not be revealed (g) Extension of contract period. A sal of schedule or excessive layover time by the carrier to any person at any time. contract may be continued in force be­ could result in material increase in cost (iv) Contractors must convey, without yond its expressed term for a period of or undue hardship and provide a basis extra charge, all post office blanks, mail not more than 6 months. The extension for readjustment of compensation. bags, lock and keys, and other postal of a contract also extends any subcon­ (5) Postrfiasters must inform the prop­ supplies offered them. This does not in­ tract in effect on the route. er postal service officer or the trans­ clude furniture, letter cases, mail boxes, § 521.4 Administration o f star route portation division whenever changes in and other similar items. Such equipment service. schedules are necessary or appear advis­ must' not be shipped under penalty labels able, with a full explanation of the rea­ for transportation on star routes unless (a) Administrative postmasters. Star sons. They should not recommend it has been determined in advance that routes are placed under the immediate changes entirely in the interest of the the contractors involved are willing to supervision and administrative control of one of the postmasters on the route. The contractor. perform the additional work without (d) Unsatisfactory service by contrac­ compensation. This does not prevent con­ Regional Director will select the routes and designate the postmaster to whom tor— (1) Fines. When a contractor fails tractors from handling such equipment to comply with terms of the contract or as freight or express. the administrative and supervisory au­ (7) For providing carriers— (i) Quali­ thority will be delegated. when serious irregularities occur, the ad­ (b) Changes in service. (1) Directors, ministrative postmaster and the director, fications. Carriers must be: transportation division, will make every (a) Not less than 18 years of age. ^ transportation divisions, may at any time (b) Of good character, reliable, and issue orders extending, increasing fre­ effort, by letter or by personal interview, trustworthy. • quency, and changing the line of travel, to correct the situation. If the contractor (c) Sufficiently educated to enable by allowing a pro rata increase in com­ persists in the irregularities and makes them to perform all required duties in a pensation for any increased service re­ no satisfactory reply on Form 5500, Re­ satisfactory manner. quired. They may also issue orders cur­ port of Star Route Irregularity, or other­ tailing, reducing frequency, discontinu­ wise, the transportation division may (ii) Persons ineligible. The following issue an order on Form -C-D-E are ineligible to serve as carriers on star ing, or changing line of travel by allow­ 5440 routes: ing 1 month’s extra pay on the amount imposing a fine. (a) All postal employees, including of service eliminated, and not exceeding (2) Irregularities. Form 5500, Report temporaries and substitutes. pro rata compensation for the service of Star Route Irregularity, will be used (b) Members of the immediate fam­ retained. See paragraph 7 (e) (5) of this to report irregularities on all star routes. ilies of postmasters and assistant post­ section. This form will be used only at SCF offices masters as defined in paragraph (c) (2) (2) For contracts entered into prior to and at offices of other administrative (i) (c) of this section, unless they become October 23, 1962, extensions during the postmasters. Postmasters at all other members of the immediate family after contract term without the concurrence offices will report irregularities to the the contract was awarded. of the contractor may not exceed a net appropriate administrative postmaster (c) Persons undergoing sentences of aggregate of 50 miles one way. If the authorized to issue the form. Only hard labor imposed by a criminal court contractor in such a contract agrees to administrative postmasters who are au­ (out on parole or under suspended a larger extension, then an extension thorized to prepare Form 5398 may issue sentence). during a contract term may be made not Form 5500 for all routes operating to id) Persons with known criminal in excess of a net aggregate of 100 miles their office, whether they are the admin­ records involving moral turpitude or one way. The contractor’s agreement to istrative postmaster or not. If an admin­ dishonesty. an extension greater than 50 miles must istrative postmaster is authorized to (e) Persons whose traffic records indi­be evidenced in writing for contracts en­ record service on Form 5399, he will pre­ cate that their driving motor vehicles tered into on and after October 23,1962. pare Form 5500 for only the routes for would be hazardous. Extensions up to 100 miles one way may which he is the administrative post­ (8) For identifying equipment, (i) be unilaterally ordered provided the con­ master. On other routes operating to his The use of a sign or lettering reading tract general provisions have been office he will report irregularities to the “United States Mail” or “U.S. Mail” is amended to read “ 100” instead of “ 50” administrative postmaster on Form 5177, optional but may be used only on vehicles miles. by phone or memorandum. The admin­ that are actually carrying mail. If a sign (3) Star route service may not be ex­ istrative postmaster will then prepare is used, it must be removed when the tended to take over a segment of a rural Form 5500 in these cases. Examples of vehicle is used exclusively for other pur­ route unless the segment becomes de­ irregularities which should be reported poses. If the lettering is painted on the tached from the rural route and it is im­ on Form 5500 are as follows: vehicle, it must be covered when the practicable for the rural carrier to serve (i) Failure to carry all or any portion vehicle is being used exclusively for other such segment. of the mail in order to accommodate pas­ than mail service. (4) If the road usually traveled be­ sengers, freight, or express. All available

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11067

(ii) Departure of carrier ahead of (1) Made by check after the expiration of them according to contract, payment schedule without permission of respon­ of each 4-week accounting period. will be withheld on all routes until the sible postal official. (ii) Not made under new or renewedunsatisfactory conditions are remedied (iii) Neglect to deliver or collect mail contract until the contract is executed. and all penalties are satisfied. along the route. (2) For special delivery service. Post­ (ii) When a contractor dies, payments (iv) Refusal to deliver or collect mail masters may pay special delivery fees to should be suspended until the necessary along the route. contractors and carriers when special court orders or claim papers or both (v) Failure to protect mail from rain service is rendered. If the special delivery can be approved. Frequently there is con­ or extremes of weather. mail is delivered into the patron’s box, siderable delay in making payments (vi) Permitting mail to become dam­ the carrier is not entitled to the fee. following the death of a contractor. aged or destroyed. (3) Readjustment of compensation. (f) Termination— (1) Time. Star route (vii) Loss of or depredation to mail See Part 526 of this chapter. contracts may be terminated at the end through fault of contractor or his agent. (4) Allowance for detours, (i) Pro rata of any 4-year term at the option of the (viii) Failure of carrier to depart or additional payments to contractors may Postmaster General or the contractor or arrive. be authorized for necessary increased they may be terminated at any time as (ix) Delays of 15 minutes or more in travel caused by obstruction of roads, provided by law. (See paragraph (b) (1) departure or arrival even though mail is destruction of bridges, discontinuance of of this section.) not delayed in delivery. ferries, or any other cause, provided the (2) For changed service conditions. (x) Any delay resulting in delay in increase amounts to as much as $1 dur­ Star routes may be readvertised and new delivery, missed connections, or disrup­ ing any 4-week accounting period and a contracts may be awarded for the pur­ tion of work schedules in office. report is made within 90 days after serv­ pose of releasing contractors and sureties (xi) Misconduct of d r i v e r or ice is performed. on routes where undue hardships have contractor. (ii) The contractor or carrier is re­ been imposed by: Administrative postmasters will review sponsible for reporting to the administra­ (i) An ordered change which increases the irregularities reported along with tive postmaster all necessary detours, or decreases the amount of service re­ the contractors’ comments in section 2 with the reasons, and the additional dis­ quired. of Form 5500; will consult with the con­ tance traveled on each trip. (ii) An abnormal or sustained increase tractors and take any corrective action (iii) The administrative postmaster is in the quantity of mail to be carried dur­ possible. When such corrective action responsible for obtaining all pertinent ing a contract term, necessitating larger fails to cause the contractor to comply facts and will verify the information equipment. with the terms of the contract, the ad­ reported by the contractor. (iii) An ordered change in schedule, ministrative postmaster will forward the (5) Pro rata computation of change in requiring the contractor to be away from file to the director, transportation pay. To determine the amount to be al­ the initial terminal much more or less division. - lowed or deducted in making changes in time than was required in the advertised (3) Forfeitures or contract annul­service, directors, transportation divi­ schedule. ment. Forfeitures may be imposed or con­ sions, must observe the following: (3) For inadequate compensation. A tracts may be annulled for: (i) Determine the one-way length of star route may be readvertised and a new (i) Failure to follow instructions of the the route as it would operate if changed contract may be awarded to release the Department. as proposed. contractor and his sureties when, after (ii) Administratively determined vio­ (ii) Multiply the one-way length by full investigation, compensation is found lations of the postal laws and regula­ the number of trips to be required, as de­ to be wholly inadequate and continuation tions and other laws related to the termined by the frequency conversion of the contract will impose undue hard­ performance of the service. table. If the route has more than one ship, even though conditions have not (iii) Failure to give proper supervi­ part, follow the same procedure for each changed since the contractor submitted sion to performance of service. part and add annual mileages for all his bid. This action may be taken only (iv) Transportating matter due to be parts. when the contractor: in the mail as cargo other than mail. (iii) Determine the difference between (i) Gives 90-days’ advance notice of (v) Entrusting mail to an unsuitable the total annual mileage as shown on the his desire to be released. Person. records and the new annual mileage. (ii) Waives the 1-month extra pay (vi) Refusing to discharge a carrier (iv) Multiply the difference in annual authorized by law when contracts are when instructed to do so by the Depart­ mileage by the prevailing rate per mile, canceled under this provision. ment. except as otherwise provided in this (iii) Continues service until another section. contract is awarded even though the (vii) Subletting a contract witho (v) When a less than pro rata change consent of the director, transportati< award may be made more than 90 days division. has been made, or a change has been after filing the advance notice. made without allowance of additional (viii) Participating in combinations (4) Death of a contractor— (i) Notifi­ pay, and a further change is proposed, cation. When a contractor dies, the post­ Prevent others from bidding. base the computation on the original dis­ , « P Violation of any of the provisio: tance and pay. master should immediately notify the 01 khe advertisement or contract. director, transportation division, of the (vi) If service that has been added date and approximate time of con­ Conviction of a crime such without the allowance of additional pay, tractor’s death. The transportation divi­ mbezzlement, robbery, burglary, la or at less than pro rata, is to be discon­ sion will suspend payments and notify the sny, perversion, or other notoriously ir tinued, base the computation on the rate Highway Transportation Branch, Bureau moral acts, or serious moving traf per mile allowed when the service was violations. of Transportation, and sureties on the added. contracts. Postmasters must notify the (xi) Association with known crirr nais. (vii) When a change involves part of transportation division of the death of a the original service and service added contractor, even though the route has nj^,Deductions for service omitt under conditions outlined in f, base the been sublet. o,,ïuC • ’ transportation divisions, i computation on the two rates. (ii) Transfer of responsibility for route. authorized, in their discretion, to ma (viii) When a contract is renewed, a On the death of a contractor, perform­ * S ? Ctlons for trips not performed a new basic rate per mile is established ance of service becomes the responsibility service omitted. When a deduction effective at the beginning of the new of the executor or administrator of the 5440 o V £ ,der wil1 be issued on Fo] contract term, regardless of any orders deceased contractor or the sureties of his Contract Route Servi issued during the previous term. contract. order. (See § 521.76 (i) ) (6) Withholding payments, (i) When (iii) Responsibility of legal represent­ p iÎ? Payments— ( l ) For regular servi a contractor has more than one route ative. If a legal representative is ap­ yments for stated services are: and fails to perform service on any one pointed, he has the right, after obtaining

No. 151------3 FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11068 RULES AND REGULATIONS the necessary court orders, to continue (ii) Be in a position to supervise the (ii) The expense of temporary service the service for the benefit of the estate service properly. is charged to the contractor. or to sublet to himself or some other suit­ (iii) Be financially and morally re­ (iii) Employment of temporary serv­ able person, after obtaining permission sponsible. ice is to be continued until regular service from the Department. (iv) Have fully adequate and suitable is resumed by or for the contractor or (iv) Responsibility of sureties. The equipment. his sureties. surety or sureties on the contract are re­ (3) Assignment. Assignment or trans­ (iv) When temporary carriers have sponsible for assuming charge of the fer of a contract for transporting mail is been employed by postmasters, full report route and continuing the service in per­ prohibited by law, except as provided in of the circumstances must be made to the son, by a suitable carrier, or under a sub­ the Assignment of Claims Act. A con­ director, transportation division. contract when no executor or adminis­ tract may be sublet as provided by law. (v) When the employment of a tem­ trator is appointed or the service is not (4) Responsibility of contractor. The porary carrier is necessary on a regular continued by the legal representative for execution and recognition of a subcon­ route, payment to the regular contractor the benefit of the estate. tract does not release a contractor from must be suspended until proper adjust- • (v) Temporary service. If service is not his obligation, but it relieves him of the ments are made. provided promptly by or for the estate of necessity of giving the route his personal (vi) No payment will be made to a tem­ a deceased contractor or his sureties, the supervision. porary carrier before the director, trans­ postmaster at the head of the route or (5) Termination— (i) For cause. The portation division, has issued an order the director, transportation division, who director, transportation division, may authorizing the payment. has supervision over the route should ar­ terminate a subcontract on abandon­ (3) In lieu of train service, (i) Limited range to hire a temporary carrier at the ment, unsatisfactory service by the sub­ Interruption of Railroad Service. When lowest obtainable rate. Temporary service contractor, or for the reasons stated in temporary interruption of railroad serv­ should be continued until regular serv­ paragraph (d) (3) of this section. ice of a very limited nature is expected ice is resumed by the legal representative (ii) By request. The director, trans­ to last no more than a day or two, tem­ of the estate of the deceased contractor portation division, will recognize the porary service should be employed at the or by sureties. Payments to temporary termination of a subcontract prior to its lowest obtainable rate. Bills shall be carriers should not be made until they stated period on proper notification by prepared on Form 2524, Bill for Tem­ are approved by the Department. either party to the subcontract. porary Service in Lieu of Railroad Serv­ (5) Insanity of a contractor. If a con­ (iii) By death of subcontractor. On ice; and must be charged to the Railroad tractor becomes temporarily or perma­ the death of a subcontractor, the con­ Transportation account. nently incapacitated due to insanity or tractor, legal representative of the estate (ii) Extended Interruption of Railroad unsound mind, the postmaster shall im­ of a deceased contractor, or sureties in Service. When an interruption of railroad mediately notify the director, transporta­ charge should immediately resume service appears to be of an extended tion division, having jurisdiction over the charge of the route. Postmasters should nature, such as a strike or damage to route. notify the director, transportation divi­ or destruction of rail facilities, temporary (g) Subcontracts— (1) Requirementssion, having supervision over the route, star route service should be employed. for subletting, (i) A contractor must ob­ who will issue necessary instructions to This service shall be certified to on Form tain permission from the director, trans­ all concerned. 5429, Certification of Exceptional Con­ portation division, before subletting. Sub­ (6) Contracting with subcontractors. tract Service Performed, appropriately letting without proper written consent When a contractor has sublet a route in marked to be charged to Temporary in may cause a route to be relet, thereby Lieu of Rail account. making the contractor and his sureties accordance with law and does not in­ (4) Emergency temporary service. liable under their bond for damages. dicate in writing to the Postmaster Gen­ eral at least 90 days before the end of the When an emergency makes it necessary (ii) Subletting for an amount less than to divert mail in transit, temporary serv­ the contract rate of pay is prohibited by contract term that he desires to renew the contract, the director, transportation ice may be provided. law. _ division, may enter into a contract on' the (5) On airmail routes. In the event of (iii) The contractor and subcontractor a major disaster, temporary service may must warrant that the subcontractor has same terms, without advertising the route for bids, wih a subcontractor who has be provided, without advertising, for the not given or agreed to give to the con­ transportation of mail by aircraft to or tractor, directly or indirectly, any con­ performed satisfactory service on the route for a period of at least 6 months. from the affected localities. sideration for subletting of the contract. (6) Death of a temporary contractor. Such a consideration includes, but is not (b) Temporary service— (1) On new routes, (i) Contracts for temporary star When a contractor or carrier for a tem­ limited to, a cash payment for the agree­ porary route dies, it is necessary to enter ment to sublet; rebates from the compen­ route service may be made without for­ mal advertisements for periods not to into another temporary contract or em­ sation received from the Government; ploy another temporary carrier. New bias payment of unusually high prices for exceed 1 year. may be solicited by the director, trans­ equipment; and purchase of unnecessary (ii) No bond is required with a tem­ portation division. operating rights. porary contract. These contracts may run (iv) Subcontracts are executed in trip­ to the end of the fiscal year or not ex­ 521.5 Record of performance. licate, providing a copy for: director, ceeding 1 full calendar year. (a) At large installations. Postmasters transportation division; contractor; and (iii) Contracts for temporary service nd heads of large installations having subcontractor. provide for their termination on 15-days’ xtensive star route operations wn (v) After an order has been issued notice by either party. esignated as recording offices for Pe.., recognizing a subcontract, payments are (iv) Before temporary service is au­ armance of star route service and made directly to and in name of the thorized, bids are usually solicited by the e specifically directed by the direc - subcontractor. director, transportation division. The ransportation division, to mai (vi) The subcontract must be executed lowest bid must be accepted unless there >orm 5398, Report of Performance on for service on the whole route and for a is sufficient reason for rejecting it. -tar Routes—Large Installations. “ period of not less than 1 year or for the ected to use Form 5398, postmasters ana remainder of the contract term when less (2) On regular routes. Temporary service may be provided under the fol­ ther installation heads shall pr P than 1 year. nd submit reports as follows: (2) Requirements of subcontractors.lowing conditions: (i) When a contractor fails to provide (1) Assign responsibility for A subcontractor must: Lon of Form 5398 to the tour supervisor (i) Meet the legal residence and otherservice, the director, transportation divi­ sion, in charge of the service, or the post­ r the postal employee responsible «a requirements of contractors as provided upervision of the star route oper • in § 521.3(c) (2) (i) except that subcon­ master at the head of the route, has authority to employ a carrier at the low­ This employee shall sign each form tractors must be not less than 18 years ying its correctness. of age. est obtainable rate.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11069

(2) Enter outbound and inbound trips installation heads who will certify ex­ be extended by the director, transporta­ on separate forms, showing all scheduled ceptional contract service performed tion division, in unusual circumstances. trips and any extra trips performed. Sep­ and will instruct these Installation (b) Those exempted from screening. arate forms shall be prepared by the su­ heads on the proper preparation of the The following are exempted from com­ pervisor of each tour, certification forms. pleting screening forms: (3) Report any detours, omitted serv­ § 521.7 Responsibilities and duties of (1) Certificated interstate common ice or extra trips to the administrative postmasters. carriers and their employees, except postmaster for the route if the installa­ when specifically requested to do so. tion preparing Form 5398 is not the ad­ Postmasters at all other offices on a (2) Civil service personnel otherwise ministrative postmaster for the route. route shall report, by memorandum or, subject to investigation under Executive Use Form 5399 to make the report. on Form 5177, Transit Mail Delay or Order 10450. (b) At other installations. Postmasters MVS Platform Irregularity, irregulari­ (3) Persons who have been screened and other installation heads designated ties, complaints, and any other local previously for another route. by the director, transportation division, problems regarding operation ' of the (4) Employees hired for an emergency as recording offices for performance of route to the designated administrative of only a few days. This does not exempt star route service, and who are not spe­ postmaster, who shall: regular, relief or substitute employees. cifically directed to use Form 5398, shall (a) Give daily supervision to the con­ (c) When a new contract is awarded record daily on Form 5399, Record of tractor’s operations to assure compli­ or subcontract recognized, the adminis­ Performance of Highway and Water ance with the contract. trative postmaster of the route will as­ Routes, the actual departure and arrival (b) Investigate complaints regarding certain whether or not the contractor, times and all irregularities. Entries on service on the route and take corrective subcontractor or their employees need to Form 5399 will not be made by star route action whenever possible. be screened according to the require­ contractors or their drivers. (c> Investigate irregularities reported ment of paragraph (a) of this section. (1) Recording Postmasters other than on Form 5177, or otherwise, and prepare If the contractor, subcontractor or their Administrative Postmasters. All desig­ Form 5500 if appropriate. (See § 521.4 employees must be screened, the adminis­ nated recording offices, other than the (d) (2).) trative postmaster will forward to the administrative office, will submit the (d) Prepare recommendations for es­ contractor or subcontractor sufficient original of their Form 5399’s to the ad­ tablishment, discontinuance, or changes copies of Form 2025 and FD-258 for the ministrative postmaster at the end of in existing routes on Form 5471, Recom­ screening and will see that the forms are each accounting period and retain a copy mendation for Star Route Changes, and properly completed. Form 2025 shall be of the form. forward to the director, transportation prepared in duplicate. (2) Administrative Postmasters Re­ division. (d) The administrative postmaster cording on Form 5399. If other offices on (e) Make an annual inspection dur­ will maintain a list of contractors, sub­ the route have been designated to send ing September o f' box delivery routes. contractors and employees who have their Form 5399’s to the administrative .Report inspection on Form 5406, Box been screened. A copy of the list will be postmaster, the administrative postmas­ Deliver Star Route Inspection Report. furnished to the dock supervisor who will ter will review these forms for any in­ Prepare in -triplicate, send original to consult the list before mail is turned over formation requiring attention and keep director, transportation division, one to an unknown driver. If the driver's the forms with his Form 5399. copy to director, postal operations divi­ name does not appear on the list, the (3) Administrative Postmaster^ Re­ sion, and keep a copy. dock supervisor will check with the con­ cording on Form 5398. If other offices on (f) Make inspection of nonbox deliv­ tractor to see if the driver is authorized a route have been designated to send ery star routes during the fall of the to receive the mail and report the name Form 5399 to the administrative post­ year prior to the renewal on July 1 of of the new driver to the postmaster. The master, the administrative postmaster the following year. Report inspection on postmaster will send screening forms to will review Form 5399’s received for any Form 5407, Survey of Star Route. Pre­ the contractor or subcontractor: information requiring attention and file pare in triplicate, and submit original (e) Postal data center will send each the forms with the Form 5398 prepared and one copy to the director, transpor­ contractor and subcontractor Form 5415, by his office. tation division, and keep other copy. List of Employees—Post Office Depart­ (c) Form 5397, star route extra trip (g) Submit report to the director, ment Screening Program, with their last authorization. If the director, transpor­ transportation division, when roads check for Postal Quarters 1 and 3 re­ tation division, must frequently author­ regularly traveled by carrier are minding them of their responsibility for ize extra trips on a star route, he will changed or become permanently ob­ reporting changes in employees to the furnish a supply of Form 5397 to the structed, necessitating use of other administrative postmaster. This official Postmaster or other installation head re­ roads. will see that reports are received on all sponsible for reporting the extra trips, (h) Certify service performed at end routes for which he is administratively who will complete the form in accord­ of each accounting period in accordance responsible and that new employees are ance with instructions thereon. When an with § 521.6. screened by following procedures in para­ extra trip is authorized and performed, (i) Obtain a prompt explanation graph (c) of this section. and the postmaster does not have a Form from a carrier who failed to provide (f) If the administrative postmaster 5397, the transportation division will fur- required service. Report any full or par­ does not receive cooperation from a con­ msh the postmaster a Form 5397 with tial trips not performed due to fault or tractor or subcontractor in completing instructions as to how it should be negligence of the contractor, showing the screening forms, he will submit the completed. miles of service omitted and reason for case to the highway transportation (d) Form 5463, report of perform­ omissions (see § 521.4(d) (4)). branch for advice. Include with the re­ ance of highway mail transportation port name and address of the contractor, (unit rate contracts). Form 5463 will be § 521.8 Screening contractors, subcon­ subcontractor, and their employees, with used to record performance of service tractors, and certain employees. copies of all correspondence in the case. under unit rate contracts (piece rate, (a) Who Must Be Screened. Each (g) When forms are returned to the pound rate, trip rate, mileage rate, etc.). contractor, subcontractor, or person administrative postmaster, he will act as transportation division will desig- employed by a contractor or subcon­ follows: . . . tnc Postmasters and other instal- tractor, to handle mail or drive mail (1) Upon receipt of completed forms, 546311 lleai^s w^° will record on Form vehicle, except those enumerated in the administrative postmaster will insert paragraph (b) of this section, must name of the region on Form 2025 and re­ complete Form 2025, Contract Person­ Certification of exceptional con­ view forms to assure that every item on tract service performed. nel Questionnaire, and have his finger­ both forms is complete and legible and prints taken on Form FD-258, (Finger­ that fingerprints appear to be sufficiently TOiu*îf ^ rector, transportation division, print Chart), within 30 days after clear for classification. Return unsatis­ designate the postmasters and other beginning service. The 30-day limit may factory forms for correction.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11070 RULES AND REGULATIONS

(2) When forms are in order, the ad­hicle service operated by motor vehicle widest publicity possible to all advertise­ ministrative postmaster will send orig­ operators when the distance is not more ments, without expense to the Postal inal Form 2025, stapled to Form FD-258 than 35 miles, if it is possible to transport Service. to the Personnel Security Officer, Bureau the mail by Government-owned motor (c) Requirements for bidders—(1) of Chief Postal Inspector, Post Office De­ vehicles. Age. Mail messengers must not be under 18 years of age. partment, Washington, D.C. 20260. The § 522.2 Establishing service. copy of Form 2025 will be filed in route (2) Residence. A bidder must either number order in a locked cabinet. The <,a) Authorizing service. (1) When an reside on or adjoining the route on which forms will be retained for 1 year after immediate need for service develops, the service is to be performed, or file with his the contractor, subcontractor, or em­ postmaster shall apply to the director, bid an agreement that, if designated as ployee is separated for any reason. transportation division, for authority to mail messenger, he will reside on or ad­ (h) When no derogatory information employ a temporary messenger. Applica­ joining the route. is developed or when only minor traffic tion must show the necessity for service (3) Reliability. Postmasters and di­ offenses are involved, forms will be re­ and the lowest rate obtainable. rector, transportation division, shall dis­ turned without comment to the director, (2) If the director, transportation di­ approve bidders who: transportation division, by the Personnel vision, determines that temporary service (i) Are known to have been convicted Security Officer. The remainder will be is justified, he will authorize the post­ of a crime as listed in § 521.3(c) (2) (i) (e) reviewed by the Director, Domestic master to employ a temporary messenger. unless he has since been rehabilitated Transportation Division, and returned to No service shall be put into effect until and has become a responsible citizen. the director, transportation division, with authorized by the director, transporta­ (ii) Have traffic records which indi­ instructions to retain or remove. The tion division. cate that it would be hazardous to permit original of Form 2025 and Form FD-258 (3) When the need for service is not them to operate vehicles. will be filed in the office of the postmaster immediate it is usually desirable for the (iii) Are unable to furnish adequate at the city where the director, transpor­ director, transportation division, to ad­ equipment. tation division is located. vertise for regular service. He may adver­ (iv) Are aliens. (i) Removals. Contractors, subcon­ tise temporary routes for regular service (4) Eligibility of postal employees. tractors, or their employees, handling at any time he considers it desirable. (i) Postal employees and members of mail or driving mail vehicle, may with (4) The postmaster shall furnish the their immediate families (persons who Departmental approval, be removed if director, transportation division, a de­ are members of the same household or the screening process show's they have tailed description of the service required dependent one upon the other for sup­ been convicted of a crime such as embez­ showing for each one-way trip, the port) may or may not become bidders, zlement, robbery, burglary, larceny, per­ origin, loading time, leaving time, aver­ messengers, or assistant messengers, or version, or other notoriously immoral age number of pieces handled, distance, receive compensation for carrying the acts; have associated with known crimi­ destination, arriving time, unloading mail on mail messenger routes as shown nals; or have a record ôf serious moving time, train or trip number connected (if in the following chart, subject to condi­ traffic violation, unless they have since any), and average waiting time (if any) tions in subdivisions (ii) and (iii) of this been rehabilitated and have become re­ for late train or other carrier. subparagraph. sponsible citizens. (5) The director, transportation divi­ sion, shall require postmasters at fourth- Mail messenger annual rate of compensation class offices to transport mail between the Employee’s position PART 522— MAIL MESSENGER post office and railroad station or other Exceeds Is $900 or SERVICE exchange points without additional pay $9001 under Sec. provided: 522.1 Description. (1) The exchange point is within one- Postmaster and assistant 522.2 Establishing service. postmaster at: 522.3 Operation. fourth of a mile of the post office. * First- and second-class Ineligible.... Inéligible. (ii) No motor or horse-drawn vehicle offices. 522.4 Protection of mail. Third- and fourth-class ...... do...... Eligible. 522.5 Termination of service. is required. offices. 522.6 Payments; (iii) Transporting the mail will not Members of immediate fami­ 522.7 Screening messengers and certain ly of postmaster and as­ cause an unreasonable hardship on the sistant postmaster at: employers. postmaster. . ' First- and second-class' ...... do...... Do. A u t h o r it y : The provisions of this Part offices. (6) When mail messenger service can­ Third- and fourth-class Eligible... Do. 522 issued under 5 U.S.C. 301, 39 fJ.S.C. 501, not be obtained at a reasonable rate, the offices. 6101, 6401-6403, 6413, 6423. Special delivery messenger______do...... _ Do. Regional Director may authorize post­ Other postal employees_____ . Ineligible.. § 522.1 Description. masters to assign postal employees to Member of immediate family Eligible....__ Do. of postal employees other Mail messenger service is a local mail transfer mail between the post office than postmaster and as­ transportation service performed by mail and exchange points as a part of their sistant postmaster. messengers designated by the Depart­ regular duties. ment to collect, transport, and transfer (7) If a truck is needed to perform the 1 Includes routes originally paying less than $900 to mail between post offices, stations, and service, the director, transportation divi­ creased to over $900. branches and railroad terminals, steam­ sion, shall require the messenger to pro­ (ii) Any employee is ineligible if hi boats, highway post offices, star routes, vide one with fully enclosed body, water­ interest in mail messenger service inter­ truck terminals, airport mail facilities, proof, equipped with secure locking feres with his postal duties. Before ac and stop points in the same or adjacent devices, such as key or combination cepting an employee’s proposal or per­ communities, including collection of mail locks, and it must be kept locked enroute mitting his employment under a m from collection boxes when so directed between exchange points. messenger designation, the directo . by the director, transportation division. (b) Advertising for service. (1) Whentransportation division, must get asta - It may be used for occasional unsched­ a regular designation is necessary, the ment from the postmaster that the e - uled trips of intercity mail or mail equip­ director, transportation division, will pre­ ployee’s interest in mail messeng ment transportation over longer dis­ pare advertisements and forward them to service will not interfere with his postai tances. When service is principally for the postmaster at the post office where duties. * . f scheduled.intercity transportation, use service is needed. Advertisements will (iii) Any employee or any i^emhe1- star route service. When local .service is allow at least 10 days’ posting from his immediate family is ineligible 11 so extensive that a performance bond is date of receipt until closing date for bids. employee has access to mail messe g needed to protect the Government’s in­ (2) Postmasters shall post advertise­ files during the period when bids are terest, use contract motor vehicle service. ments in the most conspicuous place in being received. Mail messenger service will not be au­ (d) Bid procedures— (1) Submitting. thorized to transport mail consigned be­ . the post office lobby and other points where they can be seen by persons most Advertisements specify that bids wi ® tween an airport and; a post office at submitted to the director, transportation which there is Government-owned ve­ likely to place bids. He must give the FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11071

division. Postmasters shall not accept port mail facilities; and receive from and (2) Reduction. Before making any re­ bids except as sealed, postage-paid let­ deliver to mail cars and steamboats duction in service: ters addressed to the director, transpor­ when such cars or boats are accessible. (1) Postmasters' shall report promptly tation division. Bids mistakenly mailed (ii) Deliver and receive mail at mail to the director, transportation division, to postmasters should be forwarded at cars even when not accessible to his ve­ when requirements are reduced due to once “Unopened” to the director, trans­ hicle, if mail trains arrive at times when curtailment of RPO service, change of portation division. If the amount of any no railroad representative is on duty. If location of post office, railroad station, bid becomes known in any way to the the use of hand trucks is necessary, the or airport, etc. postmaster, he must not divulge it to railroad company shall furnish them. (ii) In the event of service changes, anyone, "This type of information may Messengers are not required to load mail postmasters shall not reduce require­ be disclosed only after all bids have been across or move hand trucks across live ments without instructions from trans­ opened, subject to public observation, by tracks. portation division. the regional bid-opening committee and (iii) Deliver and receive mail at mail (iii) When service is reduced, the the information made available, as may cars not accessible to his vehicle if the transportation division will: be requested, to interested parties. mail can be readily handled by hand on (a) If possible, negotiate a lower rate. (2) Returning advertisement. Imme­ one trip, even though a railroad repre­ (He should request assistance from the diately after the closing date of the sentative is on duty. postmaster or the postal service officer advertisement, the postmaster shall for­ (iv) Place mail on cranes, at points in this respect.) ward the actual posted copy to the direc­ where the use of cranes is necessary, if (b) If a reasonable lower rate is ob­ tor, transportation division, endorsed to the mail can be readily handled by hand tained, restate service and pay on Form show the period of time and place it was at one trip, even though a railroad rep­ 5440 C-D-E. posted, with a statement showing how resentative is on duty. (c) When a reasonable rate cannot be it was publicized. (v) Deliver to and receive from rail­ negotiated, readvertise the route. (3) Opening and awarding. Proposals road and steamboat employees at the (d) Irregularities— (1) Observation of shall be opened in the office of the direc­ nearest accessible point when those em­ Service. Postal employees shall observe tor, transportation division. The lowest ployees are on duty and the volume of the services performed by mail messen­ acceptable bidder must be designated as mail is too large to be handled by hand gers at railroad stations or other facili­ the mail messenger if award is made. at one trip. ties and report any failures or irregulari­ Right is reserved to reject any or all (vi) Make collections from hasp and ties that come to their attention. bids if they are not acceptable, but suffi­ staple-type collection boxes locked by (2) Record of irregularities, (i) The cient information must be shown on the METRO series padlocks. The director, postmaster shall: (a) Keep an accurate designating order to justify such action. local services division, will arrange for record of all delays, omitted trips, and (e) Designation of messenger. The di­METRO padlocks and keys to be fur­ other irregularities, using Form 5177 if rector, transportation division, shall pre­ nished postmasers at offices where mail delay results in later delivery or missed pare the mail messenger’s notice of messengers are authorized to make col­ connections; (b) consult with the mes­ designation on Form 5489, Notice of lections from collection boxes. senger concerning the irregularities re­ Designation of Mail Messenger. One copy (vii) Perform service in accordance ported and take any corrective action of Form 5489 will be sent to the post­ with the schedules of arrivals and depar­ possible; (c) report omitted trips when master concerned, with a copy of Form tures prescribed by the postmaster. certifying payment on Form 2640, Post­ 5498, Oath of Mail Messenger. Imme­ (viii) See § 521.3(e) (6) (iv). master’s Certification of Mail Messen­ diately on receipt of his copy, the post­ Ob) Instructions to messengers. Cl) ger Service Performed; (d) immediately master must administer the oath and The director, transportation division, will issue a brief against the messenger on notify the designated messenger to begin prepare Form 5489, so that service re­ Form 5178, Notification of Irregularity, service on the date specified in the notice. quirements will be properly and clearly for each serious irregularity, unless there At the same time, he must inform the stated. is a satisfactory explanation. retiring messenger the date he is to be (ii) If action by the postmaster fails released. (2) The postmaster shall instruct the messenger in the performance of his to cause the messenger to provide im­ (f) Oaths. Form 5498 is required of all duties as stated on Form 5489. Subject to proved service, the postmaster will designated regular and temporary mail the approval of the director, transporta­ forward the case to the director, trans­ messengers. Immediately on their ac- tion division, the postmaster must pre­ portation division. c®P^ance of the position, the postmaster scribe schedules of arrival and depar­ (3) Assessing fines, (i) Messengers shall forward the completed Form 5498 tures. He must require the messenger to shall be allowed a reasonable time to ex­ to the director, transportation division. wait for and receive mail from and de­ plain irregularities briefed on Form Postmasters shall “not” stock Form 5498. liver it to delayed trains, planes, or boats. 5178. An unsatisfactory explanation or (g) Employment of assistants. Mes- Messengers may be required to wait 2 no reply may become the basis for as­ S^ f 6rs s*la^ Personally supervise the hours for delayed carriers unless local sessing fines against messengers. Performance of service. They must not conditions are such that the transporta­ (ii) Directors, transportation divi­ assign or sublet the service, but they may tion division designates a specific wait­ sions, or Regional Directors may assess employ assistants at their own expense ing time more or less than 2 hours. fines of $5 or more against messengers aunng absence from duty for short (3) Where payment for service is on depending on gravity of the irregularity. periods. Assistants must conform to all a trip basis, the postmaster shall notify (iii) Postal data centers will deduct equirements stated for the messenger the mail messenger in advance when fines from payment due messengers, lmscif. They must be approved by the flights are canceled making service to the upon receipt of Form 5440-C signed by postmaster in charge of the service. airport or heliport unnecessary. The mail the director, transportation division, or § 522.3 Operation. messenger must make provisions for re­ the Regional Director. ceipt of notifications by telephone or (4) Investigation of complaints, (i) (a) Postal services provided. (1) Mail other direct means of communication. „ lin g e r s shall obey all orders and reg- The director, transportation division, When so notified, payment for the trip will direct investigation of complaints or special instructions from the will not be made. Mrtment, ofBce of director, trans- of improper or unsatisfactory service. portatmn division, the postal service of- (c) Changes in service— (1) Extension.(See subparagraph (2) (ii) of this The postmaster must obtain authoriza­ paragraph.) J T the postmaster, affecting the mail messenger service. tion from the director, transportation (ii) The Regional Director will inves­ division, before extending the service of tigate complaints of irregular handling tranL^i16^ reSuired the director, a mail messenger beyond the limits stated of advertisements or bids. must^°rtatl0n d*v*s*on* niail messengers in the advertisements. The transporta­ tion division will issue the necessary in­ § 522.4 Protection o f mail. into nSt°eive mail from and deliver it structions on Form 5440 C-D-E, Contract (a) Failure to protect mail. Mail mes­ P st offices and to air carriers or air­ Route Service Order. sengers may be held financially liable

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11072 RULES AND REGULATIONS for loss or damage to mail in their cus­ and elimination of expenditure. He PART 523— CONTRACTING FOR tody. They must not smoke or carry should also indicate substituted service, HIGHWAY POST OFFICES lighted cigars, cigarettes, or pipes hi the if any. Sec. mail compartment of their vehicles. (d) By messenger. (1) If a messenger523.1 Description. They are also accountable and answer- dies, resigns, or abandons the service, the 523.2' Contracting. postmaster must immediately report the 523.3 Reports. able in fines for failure to: 523.4 Screening contractors, subcontrac­ (1) Carry the mail in a safe and facts to the director, transportation divi­ tors, and certain employees. secure manner. sion, for his action. A messenger may re­ (2) Guard pouches and other mail in sign at any time by giving written notice Au th ority : The provisions of this Part 523 45 days in advance. In justifiable cases, issued under 5 Ü.S.C. 301, 39 U.S.C. 501, their custody against theft or damage 6351-6355. by water or any other source. the 45-day notice may be waived. If im­ (3) Return and deliver the mail into mediately replacement service is neces­ § 523.1 Description. the post office, notifying the postmaster, sary, proceed as in paragraph (b) (2) (a) Authorization. (1) Highway post when for any reason he is unable to and (3) of this section. offices are bus-type vehicles operated make proper dispatch of the mail in his (2) When a messenger is relieved ofover designated routes, authorized by custody (for example, a railway post his contractual obligations due to being the Department for the acceptance, re­ office’s failure to catch a pouch from called to military service or is compelled ceipt, distribution, storage, dispatch, and a crane). The mail messenger must not to suspend his services because of illness delivery of mail by mobile clerks. All retain mail in his home. or other valid reason, the postmaster these vehicles are operated by private (b) Access to keys. Mail messengers shall ascertain whether he desires the individuals or companies under contract must not have access to rotary, LA, messenger to resume his duties when with the Department. street letterbox (other than METRO possible. The postmaster must advise (2) Government-owned HPO vehicles series—see § 522.3(a) (2) (vi)) or post him that his designation will be con­ may be operated experimentally or in office workroom keys, unless they are tinued with the provision that changing emergencies. also postal employees and require the conditions during his absence may ne­ (b) Title designation. The title of a key or keys in the course of their postal cessitate Its reduction or termination. If route is derived in the same manner as duties. the messenger, wishes to continue with that of a railway post office. (c) Transporting passengers. If pas­ this understanding, his regular service (c) Service.— (1) Location. Highway sengers are transported, mail must be and pay may be suspended pending his post offices are set up where highway carried in a separate compartment so return. During the interim, the director, transportation an en route distribution passengers will not have access to the transportation division, may designate a can appreciably advance mail delivery to mail. temporary messenger. When temporary postal patrons and afford them expedi­ service can be obtained only at a higher tious dispatch of their outgoing mail. § 522.5 Termination o f service. rate, it can be authorized if the rate is (2) Schedules. Highway post office (a) For cause. See § 521.4(d) (3) (x) considered reasonable. It may be neces­ routes operate on fixed schedules which and (xi). sary to advertise for temporary service are arranged, whenever possible, to pro­ (b) For improper service. The direc­ during the emergency. vide early morning receipt and late after­ tor, transportation division, must try to § 522.6 Payments. noon dispatch for the post offices along correct irregularities by cooperating with the route. the postmaster in direct action and the (a) Certification. (1) Postal data cen­ (3) To intermediate offices. The post­ imposition of fines. If this fails, take the ters will pay messengers at the close of master to whom the highway post office following steps, as appropriate: each accounting period after performed route is assigned shall issue instructions (1) Consider terminating the desig­ service is certified by postmaster or di­ for exchange of mail with intermediate rector, transportation division. nation and advertising for another mes­ offices. senger. (2) Postmasters and installation heads designated to certify performance of (4) Supervision over service. Direct (2) If necessary to replace the mail supervision of highway post office service messenger immediately, the transporta­ mail messenger service shall use Form 2640, Postmasters Certification of Mail will be assigned to the designated post­ tion division must authorize the post­ masters or installation heads. master to employ the temporary service Messenger Service Performed. necessary at a rate not exceeding that (3) Where payment for mail messen­ § 523.2 Contracting. at which service on the route was ger service is made On a trip basis to air­ (a) Ineligible bidders. (1) Postal em­ authorized. ports and heliports, and the messenger is ployees and members of their im mediate (3) If temporary service cannot be ob­ not officially notified in advance of can­ families may not submit bids, hold con­ tained at the existing rate, the post­ cellation of a flight, and he reports at tracts, or be concerned with bonds for master must ascertain the lowest rate the post office to perform the trip, the postmaster or installation head shall in­ highway post office service. obtainable and report this, with a state­ (2) See § 521.3(c) (2) (i) (e). ment of necessity, to the transportation clude the scheduled trip in his certifica­ tion on Form 2640. The postmaster or (b) Agreement of contractors. The division. If time is a factor, report may contractor must agree not to discrimi­ be made by wire. installation head shall report by memo­ randum to the director, transportation nate against any employee or applicant (c) For changed service conditions. for employment because of race, re ­ (1) Service may be rendered unnecessary division, each trip certified for payment under this section. (See 522.323.) gion, color, or national origin. He w by changed service conditions (such as be guided by the provisions contained va. discontinuance of, a post office, extension (b) Termination. (1) The postmaster shall immediately notify the director, Form 5466, Highway Post Office con­ of rural or star route service, direct sup­ tract General Provisions. ply by highway post office or railroad transportation division when the service (c) Award of contracts. Contracts for truck service). A postmaster shall not of a messenger is terminated. discontinue service without appropriate (2) The transportation division musthighway post office service are subject instructions from the director, trans­ immediately notify the postal data cen­ terms of the advertisement for the serv­ portation division. ter to suspend payment until official ice and are awarded to the lowest r - (2) The director, transportation divi­ order on Form 5440-C is received show­ sponsible bidder meeting these terms. sion, may discontinue the service or re­ ing date of termination. (d) Services reguired of contractor-— quire postmasters at fourth-class offices (c) Readjustment of Compensation. (1) Providing vehicles, The con^ ct° f to perform it when he considers such See Part 526 of this chapter. must furnish the specified number action warranted. (See § 522.2(a) (5).) vehicles, fitted up, maintained, and oper­ § 522.7 Screening messengers and cer­ ated in accordance with the specific - (3) The director, transportation divi­ tain employees. tions, rules, and regulations prescribe sion, must use Form 5440 C-D-E in giv­ ing notice of discontinuance of service See § 521.8. by the Postmaster General. He must ai

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11073

have available sufficient spare vehicles to motor vehicles, as well as the safety reg­ (1) Order an increase in service on any maintain service while regular vehicles ulations of the Interstate Commerce route. are being serviced or repaired. Specifica­ Commission or those prescribed by the (2) Change schedule of arrivals and tions (POD Publication 10) require the Post Office Department. departures in all cases, particularly to use of the latest safety features to give (iv) Observe schedules on all routesmake them conform to connections with the greatest possible protection to per­ according to standard time unless other­ railroads and other mail routes. sonnel and mail. Construction require­ wise specified. (3) Discontinue, change, or curtail the ments limits distortion to a minimum in (5) Performing service. The contractor service, to improve mail service or to the event of a collision. These vehicles must: serve public interest. shall be equipped with letter and paper (i) Perform service promptly, reliably, (4) Extend the service on a route to distributing tables, pouch racks, over­ safely, and without interruption. If he improve mail service. head paper boxes, letter cases, drawer fails to do so after his attention has (f) Forfeitures or contract annulment. which may be locked with LA locks, been called to delinquencies, the direc­ See § 521.4(d)(3). clothes locker, folding lavatory, and tor, transportation division, may impose (g) Subcontracts. Contractors for drinking water container. A screened fines for past failures and order the re­ highway post office service must not sub­ metal partition must be installed be­ moval of the driver and vehicle from the contract the service unless the subcon­ tween the driver’s compartment and route. It may order the employment of tract is approved by the director, trans­ working area. temporary service at the expense of tiie portation division. Subcontractors must (2) Providing drivers. The contractorcontractor until he provides a satisfac­ conform to all requirements stated for shall furnish drivers who must comply tory driver. the contractor himself. Approved sub­ with the following laws and regulations^ (ii) Perform service within the limit contractors must perform the same serv­ (i) Qualifications. Drivers must be of the running time prescribed in the ice required of the original contractor. licensed chauffeurs not less than 21 years advertisement under which he submitted (h) Payments— (1) For regular service. old. They must be intelligent, of good bid. See § 521.4(e) (1). character, and physically qualified to (iii) Comply with all orders and in­ (2) Allowance for detours. See § 521.4 perform service. They must not have structions from the director, transporta­ (e) (4). criminal records involving crimes such tion division and the supervising post­ (3) Readjustment of compensation. as those listed in § 521.3(c) (2) (i) (e) or master. See part 526 of this chapter. traffic records that indicate their driving (6) Transporting, transferring, and (4) Deductions for service omitted. See of motor vehicles would be dangerous. delivering mail. The contractor must: § 521.4(d) (4). (ii) Supervision. Drivers must comply (i) Transport aH mail to the cubical or (5) Fine. When a contractor fails to with all proper orders and instructions weight capacity of the vehicle, promptly, comply with terms of the contract or of the foremen of their vehicles that are reliably, and safely. This includes for­ when serious irregularities occur, the consistent with safety. Safe operation of eign mail in transit across the continen­ postmaster in charge of the mobile unit the vehicle is the responsibility of the tal United States or its territories. and the director, transportation division, driver. (ii) Transfer mail between the vehi­ will make every effort, by letter or by (iii) Schedule of duty. Drivers’ sched­ personal interview, to correct the situa­ ules must be arranged to comply with cle and postal installations when the vehicle can normally be driven to a point tion. If the contractor persists in the ir­ Interstate Commerce Commission safety regularities, the transportation division regulations or Post Office Department within 150 feet of the door or tailboard space of the installation, or place the may issue an order on Form 5440-C-D-E regulations requiring sufficient rest imposing a fine. ' periods between trips to assure alert, vehicle at the platform or loading dock of a postal installation to permit hand- (6) Record of performance. See § 521.5. efficient operation of the vehicles. (i) Inspection of highway post office (iv) Duties. A driver must: to-hand exchange of mail between clerks in the door of the vehicle and clerks on vehicles. Vehicles and equipment shall (a) Comply with applicable provisions be inspected by officials of the postal of subparagraphs (4) and (5) of this duty at -the installation. The director, transportation division, is expected to service to assure compliance with de­ paragraph regarding operation of the partmental instructions. vehicle and performance of service. make reasonable adjustments in these (b) Transfer mail as provided ip sub- requirements by agreements with post­ § 523.3 Reports. paragraph (6) of this paragraph. masters and contractors to assure on- time operation. . (a) Special reports of irregularities. (c) Immediately request instructions Postmasters and other designated in­ ” *oin the foreman of the vehicle when (iii) Deliver mail to each intermedi­ stallation heads shall analyze trip reports the highway on the designated route be­ ate post office on the route on both out­ promptly upon receipt, and issue a brief comes impassable for any reason. ward and inward trips unless otherwise against the contractor on Form 5500, un­ (v) Liability for accidents. The con­ instructed by the supervising postmaster. less there is a satisfactory explanation, tractor and driver are responsible for (7) Transporting postal officials. The when the following irregularities occur: accidents occurring in the operation of contractor shall transport on regular (1) Gross negligence on the part of the vehicle. The Post Office Department trips all duly accredited officials of the the contractor or his employees. is not responsible for damage caused by postal service, traveling on official busi­ (2) Trips repeatedly not performed or contract vehicles operated by contrac­ ness, on presentation of their credentials. service omitted. tors or their employees. The contractor .or his driver must not (3) Delays of 30 minutes or more due (3) Placing vehicles. A contractor make known to any person at any time to driver’s failure to report or because of must place highway post office vehicles the presence of a postal inspector in his equipment failure. (Delays of less than t the terminals of the routes at the vehicle or in the vicinity of the route. 30 minutes may be briefed in unusual designated times. (8) Transporting passengers. Con­ circumstances.) (4) Operating vehicles. Thè contrac­ tractors are prohibited from carrying tor must: (4) Heat and light failures of 30 min­ passengers in highway post office vehi­ utes or more during one round trip. (i) Furnish evidence of financial a cles, other than postal personnel and ¡ 7 cover liability for personal inju contractors’ employees. Contractors’ em­ (5) Unsanitary and unclean condi­ m the amount of $100,000. ployees may be permitted to ride in the tions in the vehicle. , Know and comply with both driver’s compartment when traveling on (6) Failure to provide potable water. tate and interstate laws goverr company business directly related to (7) Loss or damage to mail or postal e operation of motor vehicles. highway post office service, when such equipment. nJ^fPi.-°bserve aU safety measures travel does not interfere with safe opera­ (8) Failure of the contractor or his protection of the general public tion of the vehicle. employees to follow reasonable instruc­ operating personnel as prescribed by (e) Extensions, discontinuances, andtions of postal officials or employees. State and Federal laws changes. The director, transportation (9) Violation of postal laws or regu­ regulations governing operation division,'may: lations.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11074 RULES AND REGULATIONS

(10) Failure to give proper supervision Sec. (c) Award of contract. See § 521.3(d) to performance of contracted service. 524.7 Screening contractors, subcontractors, of this chapter. (11) Transporting as cargo matter due and certain employees. (d) Contractor’s responsibilities—(1) to be in the mail. Authority: The provisions of this Part Providing equipment. Contractors must (12) Entrusting the vehicle to an un­ 524 issued under TJ.S.C. 301, 39 U.S.C. 501, provide: suitable person. 6101, 6103-6105, 6408, 6410, 6413, 6416, 6423, (1) Steamboats or other powerboats 6433. which are safe, suitable, and satisfactory The postmaster in charge of the mobile § 524.1 Description. to the Department. unit will review the irregularities re­ (ii) The means necessary to transport ported- along with the contractors’ com­ Water route service is a contract serv­ all mail, regardless of size, weight, or ments in section 2 of Form 5500; will con­ ice established by the Department to increase in volume during the term of sult with the contractors and take any provide for the transportation of mail the contract. corrective action possible. When such between post offices, or other designated (2) Performing service. Contractors corrective action fails to cause the con­ points, via steamboats, or other power­ shall: tractor to comply with the terms of the boats, when land transport is unavailable (i) Carry the mail or supervise the contract, the matter should be referred or impracticable. It is operated under service in person or by an agent. to the director, transportation division, formal contracts, awarded after competi­ (ii) Be held accountable for the acts with the complete file. tive bidding. In addition to transporta­ and omissions of the persons to whom (b) Accident reports— (1) Contrac­tion of mail, contracts may require: they commit the care and transportation tor’s reports. The postmaster to whom (a) Box delivery and collection of the mail and for careful and faithful the highway post office is assigned shall service. performance of duties by those persons. require the contractor to submit reports (b) Sale of stamp stock. They shall discharge any persons en­ of all accidents occurring when the high­ (c) Delivery of registered, insured, gaged in carrying the mail whenever the way post office is in scheduled operation. certified and COD matter. director, transportation division, requires Copies of State, municipal, ICC, insur­ (d) Acceptance of matter presented that they take such action. ance carrier’s accident report forms, or a for registration, certification, or insur­ (iii) Carry the mail with certainty, narrative written report are acceptable. ance, or to be sent COD, and money with celerity, and security. (2) HPO supervisor’s report. Accidents applications for money orders. (iv) Transport foreign mail in transit are reported to the postmaster to whom (e) Facilities for distribution of mail across the territory of the United States. the highway post office is assigned on en ^oute by postal clerks. (v) Not carry, otherwise than in the trip reports. See that each accident re­ § 524.2 Postal services provided. mail, letters that should go by mail or ported on trip report is followed by the transport any person engaged in carry­ contractor’s report of accident. Form (a) Exchange of mail. The contractor ing letters that should go by mail. 1769, Supervisor’s Report of Accident, shall exchange mail with: (3) Maintaining schedules. Contrac­ must accompany trip report if postal em­ (1) All intermediate post offices and tors shall: ployees are injured or Government prop­ nonpost office points on the route, as (1) Provide scheduled service satisfac­ erty is damaged. stated in the advertisement, on both out­ tory to director, transportation division. (3) Postmaster’s reports. On receipt ward and return trips, unless otherwise (ii) Observe the schedule stated in the of accident reports the postmaster to instructed. advertisement or such other schedule of whom the highway, post office is assigned (2) Post offices established after the like running time as may be directed by must: advertisement is issued. No additional the transportation division having super­ (i) Advise the inspector in charge im­ pay is made in such instances if the vision over the route. mediately of any accidents requiring in­ distance is not increased. (4) Giving preference to mail. See spection service attention. (3) Post offices at each end of the §. 521.3(e) (3) of this chapter. (ii) Report serious accidents immedi­ route, unless the director, transportation (5) Transporting postal employees ately to director, transportation division. division, has otherwise provided for such and equipment, (i) Postal clerks may be (iii) Compare contractor’s report with terminal service. assigned to water routes. The contractor trip report. (4) Mail carriers on connecting routes, on those routes shall provide and fit up (iv) Prepare and submit a brief ab­ if necessary. suitable space for their use in accordance stract of accident to the director, trans­ (b) Box delivery and collection serv­ with specifications in the advertise­ portation division, to include: ice. Advertisements and contracts state ments. (a) Route. whether box delivery and collection serv­ (ii) Contractors shall furnish post (b) Trip number. ice is required. They also state the scope office officials, on exhibition of creden­ (c) Date. of such service. Instructions contained tials, transportation on trips handling (d) Time. in part 159 of this chapter are applicable mail between scheduled points on the (e) Place. to water route service, so far as practic­ mail route. (/) Weather conditions. able. See also § 521.2(b) and (c) of this (iii) The contractor shall transport, (g) Injuries. chapter. without extra charge, all post office (h) Damages. (c) Acceptance of mail en route. Every blanks, mail bags, lock and keys, ana (i) Other vehicles or object involved. mail carrier shall receive any mail pre­ other postal supplies offered to him. (?) Any other pertinent information. sented to him, if it is properly prepaid (6) Providing carriers.— (i) Qualifica­ (v) Submit contractor’s report to re­ by stamps, and deliver it at the next post tions. See § 521.3(e) (7) (i) of this gional safety officer and, if postal em­ office at which he arrives. No fees are chapter. . ployees are injured, submit Form 1769. allowed for this service. (ii) Persons ineligible. See § 521.3 (c) (d) Other postal services. On routes (2) (ii) (e) and § 521.3(e) (7) (ii) of this § 523.4 Screening contractors, subcon­ tractors, and certain employees. where provisions of the contract require, chapter. the carrier must sell stamp stock and (e ) Renewals, extensions, and changes See § 521.8 of this chapter. transact money-order and registry busi­ without advertising— (1) Renewals. See ness in accordance with instructions con­ § 521.3(f) of this chapter. tained in the advertisement. PART 524— WATER ROUTE SERVICE (2) Extensions of contract period. See § 524.3 Contracts. § 521.3(g) of this chapter. Sec. 524.1 Description. (a) Contract terms. See § 521.3(a) of (3) Changes in service—(i) Exten­ 524.2 Postal services provided. this chapter. sions of service. Service may be increase 524.3 Contracts.' ~ (b) Obtaining bids. See § 521.3(c) of or extended by allowing a pro rata m* 524.4 Protection of mail. this chapter except § 521.3(c) (2) (i) (a) crease in compensation, but the co - 524.5 Record of performance. tractor, if he prefers, may elect 524.6 Routes under administration of post­ of this chapter as bidders for water route masters. service are not restricted as to residence. relinquish the service on timely not

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11075

(ii) Reduction of service. Service may authorized in cities, under formal con­ locks, and kept locked en route between be curtailed or discontinued in whole or tract with bond. exchange points. in part by allowing 1 month’s extra pay (b) Advertisements. Contract motor § 525.5 Termination. on the amount of service dispensed with vehicle service is advertised the same as and not exceeding pro rata compensation star routes on Form 5435, Advertisement (a) The director, transportation divi­ for the service retained. for Mail Service. See § 521.3(c) (1) of this sion, after approval by the Highway (f) Irregularities— (1) Deductions or chapter. Transportation Branch, Bureau of fines. See § 521.4(d) (1) or (4) of this (c) Requirements for bidders. Bidders Transportation may annul any contract chapter. must meet the following: motor vehicle contract for failure by the (2) Forfeitures or contract annulment. (1) Age. Contract motor vehicle con­ contractor or any of his employees to See § 521.4(d) (3) of this chapter. tractors shall not be under 21 years of perform service or to furnish equipment (g) Payments— (1) Payments. See age, and their assistants not under 18. in accordance with provisions of the ad­ § 521.4(e) (1) of this chapter. (2) Residence. See § 522.2(c) (2) of this vertisement, or for reasons stated in (2) Pound rate contracts. Claims for chapter. § 521.4(d) (3) of this chapter. payment for service performed will, be (3) Reliability. See § 522.2(c) (3) of (b) The director, transportation divi­ submitted by the contractor to the direc­ this chapter. sion, may discontinue service under a tor, transportation division, each ac­ (4) Dual employment. See § 521.3(c) contract motor vehicle contract when­ counting period, on Standard Form 1034, (2) (i) (b) and (c) of this chapter. ever public interest requires discontin­ Public Voucher for Purchases and Serv­ (d) Bid procedures. See § 521.3(c) of uance by allowing, as full indemnity to ices Other Than Personal, with two this chapter. Form 5449-5449-A, Con­ the contractor, as extra pay one-twelfth copies of SF 1034A, Memorandum Copy tract Motor Vehicle Service Bid and of the per annum rate, unless the con­ of SF 1034, supported by an itemized Bond—Work Sheet, is used in submitting tract has been terminated for cause. statement of all service performed, rates bids for contract motor vehicle service. § 525.6 Payments. per pound, and the amount due. The di­ (e) Oaths. See § 521.3(d) (9) of .this chapter. (a) Certification. Postmasters or other rector, transportation division, will verify designated installation heads will use all items shown on the itemized state­ (f) Employment of assistants. Con­ tract motor vehicle contractors must Form 2640 to certify performance of con­ ment submitted by the contractor with tract motor vehicle service. the reports submitted by the postmasters. either personally supervise their con­ tracts or employ competent supervisors (b) Contract payments. Postal data SF 1034 will be covered by certification centers must pay contract motor vehicle of service on Form 5429, to the postal who will personally supervise perform­ data center. ance of the contracts. They may not as­ contractors at the close of each account­ sign or sublet their contracts without ing period upon certification that service (3) Readjustment of compensation. has been performed. Payment may not See Part 526 of this chapter. approval of the director, transportation division. They may employ assistants at be made without an order awarding or § 524.4 Protection o f mail. their own expense. Assistants so em­ renewing contract. See § 521.3(e) (9) of this chapter. ployed must meet the minimum require­ (c) Readjustment of compensation. ments shown in paragraph (c) of this See Part 526 of this chapter. § 524.5 Record o f performance. section. § 525.7 Screening contractors, subcon­ See § 521.5 of this chapter. In lieu of § 525.3 Operation. tractors, and certain employees. Form 5399, postmasters and other desig­ nated installation heads may be required (a) Postal services provided. Contract See § 521.8 of this chapter.. by the director, transportation division, motor vehicle contractors and their as­ sistants must receive and dispatch mail to maintain whatever records are neces­ PART 526— CONTRACT PAY sary as evidence of service performed. according to regulations stated for mail messengers. See § 522.3(a) of this ADJUSTMENTS § 524.6 Routes under administration o f chapter.' Sec. postmasters. 526.1 Eligibility. (b) Instruction for contractors. Post­ 526.2 Requests. See § 521.7 of this chapter. masters shall instruct contract motor 526.3 Cost statement—contract service. vehicle contractors as to service require­ § 524.7 Screening contractors, subcon­ ments in accordance with instructions Authority: The provisions of this Part 526 tractors, and certain employees. contained in advertisements. issued under 5 U.S.C. 301, 39 U.S.C. 501, 6423. See § 521.8 of this chapter. (c) Changes in service.— (1) Exten­ § 526.1 Eligibility. sion. The director, transportation divi­ sion, will issue orders for extension of (a) The laws authorizing contract pay PART 525— CONTRACT MOTOR contract motor vehicle service. adjustments provide that the contract VEHICLE SERVICE compensation may be readjusted by mu­ (2) Reduction. Postmasters shall re­ tual consent for increased or decreased Sec. port promptly to the director, transpor­ 525.1 Description. costs occasioned by changed conditions tation division, when contract motor ve­ occurring during the contract term which 525.2 E stablishm ent. hicle requirements are reduced, so that a 525.3 Operation. could not reasonably have been antici­ lower rate may be negotiated. 525.4 Protection of mail. pated at the time of contracting or re­ 025.5 Termination. (d) Irregularities.— (1) Observation of newing. Only regular contractors or sub*- 525.6 Payments. service. See § 522.3(d) (1) of this chapter. contractors are eligible for consideration 25.7 Screening contractors, subcontractors, (2) Record of irregularities. See § 522.3 (star, water, contract motor vehicle and and certain employees. (d) (2) of this chapter. highway post office). (3) Assessing fines. See § 522.3(d) (3) ^A uthority: The provisions of this Part 525 (b) The law authorizes readjustment issued under 5 U.S.C. 301, 39 U.S.C. 501, 6403, of this chapter. (4) Investigation of complaints. See consideration for the pay of mail mes­ § 522.3(d) (4) of this chapter. sengers by mutual consent for increased § 525.1 Description. or decreased exists occasioned by changed § 525.4 Protection of mail. la motor vehicle service is conditions which could not reasonably r to mail messenger service, excep (a) Contract motor vehicle contrac­ have been anticipated at the time of Proyided under formal con tors and their employees must protect designation. Only regular mail messen­ with bonds for specified terms. It i; the mail in the manner stated in § 522.4. gers are eligible for this consideration mr tne same purposes as for mail Contractors and sureties may be held § 526.2 Requests. enger service. See § 522.1 of this . financially liable for loss or damage to It is unlawful for a Federal Official to mail in their custody. encourage a claim against the Govern­ § 525.2 Establishment. (b) Contractor shall provide vehicles ment. The request must be instituted by as required by the contract. Vehicle the contractor, subcontractor, or messen­ m ^ \ ^ i h°/ization- Transportation of bodies must be fully enclosed, water­ ger. Preferably, it should be written; y contract motor vehicles may be proof, equipped with key or combination however, verbal requests may be accepted No. 151 FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11076 RULES AND REGULATIONS to initiate action, immediate written rec­ making it effective on less than 30 days tation, on a free or reduced-rate basis, of ord shall be made of any verbal requests, notice. such tour operator’s employees, directors, particularly regarding date. All requests In consideration of the foregoing, the and officers, and the parents and imme­ received by postmasters, whether written second sentence of § 159.41 is amended, diate families of such persons, subject or verbal, shall be immediately forwarded effective August 5, 1968, by adding the to the provisions of Part 223 of this to the director, transportation division. following words thereto: “except as au­ chapter. thorized by the Airport Manager” . ***** § 526.3 Cost statement— contract service. This amendment is issued under the (Secs. 101(3), 204(a), and 401 of the Federal via) Furnishing forms. When requests authority of section 1602 of Title 2, Dis­ Aviation Act of 1958, as amended, 72 Stat. are received by the director, transporta­ trict of Columbia Code, section 2 of the 737, 49 U.S.C. 1301; 72 Stat. 743, 49 U.S.C. tion division, from a contractor or Act of June 29, 1940, as amended, 54 1324; 72 Stat. 754, as amended by 76 Stat. through a postmaster, he will furnish Stat. 658, and sections 4 and 8 of the Act 143, 49 U.S.C. 1371) the contractor, subcontractor, or mail of September 7, 1950, as amended, 64 By the Civil Aeronautics Board. messenger, three copies of Form 5478, Stat. 770. Cost Statement Contract Service, under [ seal] H arold R. Sanderson, Issued in Washington, D.C. on July 29, Secretary. cover of Form 5478-A, Transmittal Letter 1968. and Instructions for Completing Form [F.R. Doc. 68-9316; 'Filed, Aug. 2, 1968; D. D. T homas, . 8:47 a.m.] 5478. Acting Administrator. (b) Completing forms. (1) The con­ tractor will return two completed Forms [F.R. Doc. 68-9296; Filed, Aug. 2, 1968; 5478 direct to the director, transporta­ 8:46 am.] tion division. Title 15— COMMERCE AND (2) When additional information is Chapter II— Civil Aeronautics Board necessary to more fully support or refute FOREIGN TRADE the contractor’s data, the director, trans­ SUBCHAPTER D— SPECIAL REGULATIONS Chapter I— Bureau of the Census, portation division, may request such [Reg. No. SPR-26, Arndt. 1] Department of Commerce information from the administrative postmaster. PART 378— INCLUSIVE TOURS BY PART 30— FOREIGN TRADE T imothy J. M ay, SUPPLEMENTAL AIR CARRIERS, STATISTICS General Counsel. CERTAIN FOREIGN AIR CARRIERS, Authorization for Waiver of Individ­ July 31, 1968. AND TOUR OPERATORS ually Filed Shipper’s Export Dec­ [F.R. Doc. 68-9809; Filed, Aug. 2, 1968; 8:47 a.m.] Tour Operators Providing Free or Re­ larations in Favor of Monthly duced-Rate Transportation for Their Declarations or Other Statistical Employees and Families on Inclu­ Summaries Title 14— AERONAUTICS AND sive Tours Pursuant to Title 13, United States Adopted by the Civil Aeronautics Code, section 302, the following amend­ SPACE Board at its office in Washington, D.C., ments are made to the regulations pub­ on the 31st day of July 1968. lished in the F ederal R egister on Au­ Chapter I— Federal Aviation Admin­ On June 3, 1968, by notice of proposed gust 27, 1966 (31 F.R. 11368) (15 CFR istration, Department of Transpor­ rule making, SPDR-13, 33 Fit. 8394, June Part 30). In accordance with Adminis­ 6, 1968, Docket 19930, the Board pro­ trative Procedure, 5 U.S.C. 553, notice tation posed to amend Part 378 to permit tour and hearing on these amendments and [Docket No. 9048; Arndt. 159-9] operators to provide free or reduced-rate postponement of the effective date transportation for their employees and thereof are unnecessary because (1) the PART 159— NATIONAL CAPITAL families1 on inclusive-tour charter amendments are changes in the substan­ AIRPORTS flights. Three comments were filed, two tive rules which grant or recognize Subpart C— Aircraft Rules by inclusive tour operators2 and one by exemptions or relieve restrictions, and a supplemental air carrier.* All comments (2) are interpretive rules and statements Confinement of Aircraft Operations support the proposed rule. Therefore, the of policy. The purpose of this amendment to Board has decided to adopt the regula­ This amendment will provide tne § 159.41 of the Federal Aviation Regula­ tion as proposed. We shall also incorpo­ framework within the Foreign Trade tions is to permit the Airport Managers rate herein, by reference, and make final Statistics Regulations for lessening the at the Washington National Airport and the tentative findings set forth in the reporting burden involved in certain at the Dulles International Airport to explanatory statement to the proposed kinds of shipments by authorizing the designate certain specific taxi strips for rule (SPDR-13, supra). acceptance for statistical purposes cl operations of aircraft. In consideration of the foregoing, the monthly declarations, company record^ Section 159.41 states in pertinent part' Board hereby amends Part 378 of its or other substitutes for Shipper’s Export special regulations (14 CFR Part 378), ' Declarations filed with each shipment. that “no person may use a taxi strip on Effective date: This amendment is ef­ the Airport for a takeoff or landing.” effective September 2,1968, by amending the definition of “inclusive tour group” fective on the date of publication. The Federal Aviation Administra­ in § 378.2(c) to read as follows: Section 30.39 is amended by a change tion is currently expecting that V/Stol in title, renumbering and relettering aircraf t operations will commence at the § 378.2 Definitions. existing portions, and the addition o Washington National Airport and the * * * * * new paragraphs (b) and (c) so that a Dulles International Airport on or about (c) An “inclusive tour group” meansarpended § 30.39 reads as follows: September 1, 1968. It is contemplated an aggregate of persons who are assem­ that some of the taxi strips at the two § 30.39 Authorization for reporting sta­ bled by a tour operator for the purpose tistical information «Tther in®11 7 airports would be used for the V/Stol of participation as a single unit in an operations. This amendment to § 159.41 means of individual Shipper s Expor inclusive tour: Provided, however, That Declarations filed for each shipmen • would allow the Airport Manager at each nothing contained herein shall preclude of the named airports to designate cer­ a tour operator from utilizing any un­ (a) A Customs Director, if he finds tain specific taxi strips for operations of used space on an aircraft chartered by hat no administrative difficulties are m- these aircraft. it for an inclusive tour, for the transpor- olved, may authorize the filing °f ® Since this amendment is relaxatory in ►hipper’s Export Declaration P®r *n°í\ ’ nature and imposes no additional bur­ i lieu of a declaration for each s P 1 Including directors and officers of such aent as required by § 30.6, for the f1olio den on any person, I find that notice and tour operators and their families. public procedure thereon are unneces­ a AITS, Inc., and Berry World Travel, Inc. ig types of frequently recurring s P i nnf o V»TT oír fl*ATY1 ft KlTl^flC COHS1& sary, and that good cause exists for 8 World Airways, Inc. FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11077

‘ from one U.S. airport to one country of specifications developed in connection additive supplement, concentrate, or pre­ destination and one port of unlading via with each eligible application. mix prepared therefrom shall bear, in a single airline: Such authorizations will be subject to addition to the other information re­ (1) Newspapers and magazines. the requirement that declarations or quired by the act, the following: (2) Newsreel films, mats, proofs, etc. other approved summarizations contain­ (1) The name of the additive. (3) Airline timetables being shipped ing the necessary statistical information^ (2) The maximum percentage of equiv- by the airline. for all such shipments made during a ~ aient crude protein from the nonprotein (4) Shipments* of registered carrier given month or other period will be sub­ nitrogen. stores by a United States or Canadian mitted by the consignor or his agent no (3) Directions for use to provide not airline to each of its installations or later than the fifth working ^day of the more than 20 percent of the additive in agents abroad which are exported under month following the month of export. the total ration. General License RCS of the Export Reg­ (c) Authorization for the filing of (4) A statement: ulations set forth in § 371.13(d) of Chap­ monthly declarations or other summari­ (i) That not more than, one-third of ter III of this title. zations under paragraphs (a) and (b) the total protein in the feed should come Such authorization will be subject to the of this section may be terminated by the from nonprotein nitrogen sources. requirement that a declaration covering Bureau of the Census or the District Di­ (ii) That the additive is not to be all such shipments made during the rector of Customs at any time. given to debilitated or starved animals. (iii) “Warning—This feed should be month named on the declaration will be A. Ross Eckler, filed by the consignor with the Customs used only in accordance with directions Director, furnished on the label.” Director no later than the fifth working Bureau of the Census. day of the month following the month Any person who will be adversely af­ covered, and also, except for shipments June 12, 1968. fected by the foregoing order may at any under subparagraph (4) of this para­ Joseph M. B owman, time within 30 days from the date of its graph, subject to the requirement that a Assistant Secretary of the Treasury. publication in the F ederal R egister file Continuation Sheet or other attachment with the Hearing Clerk, Department of July 8, 1968. filed with the declaration will list the Health, Education, and Welfare, Room names of the individual consignees and [F.R. Doc. 68-9280; Filed, Aug. 2, 1968; 5440, 330 Independence Avenue SW., the number of items shipped to each. 8:45 a.m.] Washington, D.C. 20201, written objec­ (b) In addition to the procedures au­ tions thereto, preferably in quintuplicate. thorized in paragraph (a) of this section, Objections shall show wherein the person the Bureau of the Census, may, on an Title 21— FOOD AND DRUGS filing will be adversely affected by the individual case basis, on application of order and specify with particularity the the shipper or his agent, authorize ex­ Chapter I— Food and Drug Adminis­ provisions of the order deemed objection­ emption from the requirement of § 30.6 tration, Department of Health, Edu­ able and the grounds for the objections. If a hearing is requested, the objections that an export declaration be filed for cation, and Welfare each shipment, the exemption to be con­ must state the issues for the hearing. A ditioned upon the filing, after the close SUBCHAPTER B— FOOD AND FOOD PRODUCTS hearing will be granted if the objections of each month or as otherwise prescribed are supported by grounds legally suffi­ by the Bureau of the Census and the PART 121—-FOOD ADDITIVES cient to justify the relief sought. Objec­ Office of Export Control, of a single ex­ Subpart C— Food Additives Permitted tions may be accompanied by a memo­ port declaration or other statistical re­ in the Feed and Drinking Water of randum or brief in support thereof. port covering shipments made during the Effective date. This order shall become month or other period, as follows: Animals or for the Treatment of Food-Producing Animals effective on the date of its publication (1) The authorization shall apply only in the Federal R egister. to merchandise destined to Canada or to A mmoniated Cottonseed M eal a nonforeign area whére export control (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. not a consideration. The Commissioner of Food and Drugs, 348(c)(1)) having evaluated the data submitted in Dated: July 26,1968. (2) Authorization will be issued only a petition filed by Ranchers Cotton Oil when in the judgment of the Bureau of Co., Fresno, Calif. 93708, and other rele­ J. K. K irk, the Census complete and accurate statis- vant material, has concluded that the Associate Commissioner ncai information will be available on a for Compliance. monthly basis from the records of the food additive regulations should be amended to provide for the safe use of [F.R. Doc. 68-9323; Filed, Aug. 2, 1968; appucant and where the exemption from 8:48 ajn.] me filing of a Shipper’s Export Declara- ammoniated cottonseed meal in ruminant ion for individual shipments represents feed as specified below. Therefore, pur­ suant to the provisions of the Federal r a t i o n of reporting or compiling Food, Drug, and Cosmetic Act (sec. t-im GiS sufficient to justify administra- 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 Title 24— HOUSING AND in ° • the special reporting procedure m tne individual case. To the extent pos- (c)(1)) and under the authority dele­ gated to the Commissioner (21 CFR HOUSING CREDIT m°re experience with monthly 2.120), Part 121 is amended by adding to Subtitle A— Office of the Secretary, j m g procedures is obtained, more Subpart C the following new section: speciflcations as to eligibility for Department of Housing and Urban h n i\ ^ nthly reP°rting procedures will § 121.319 Ammoniated cottonseed meal. Development ed out ^ these regulations by iuture amendment'. The food additive ammoniated cot­ tonseed meal may be safely used in ac­ PART 25— REINSURANCE FOR RIOT KApplication for special procedures cordance with the following conditions: OR CIVIL DISORDER LOSSES Tr/ri« ™made Meetly to the Foreign (a) The food additive is the product In Subtitle A a new Part 25 is added bva,? ^^sion, Bureau of the Census, obtained by the treatment of cottonseed as follows: or sapper, or by a for- meal with anhydrous ammonia until a Sec. tive riiiiwarrllr or any other repesenta- pressure of 50 pounds per square inch 25.1 Statement of applicable law. the sh auth°r*?ed to act as agent of gauge is reached. 25.2 Definitions. of ShimSf1- °r shippers in the execution (b) It is used or intended for use in 25.11 Offer to bind reinsurance. Shipper s Export Declarations. the feed of ruminants as a source of 25.12 Policies reinsured. ual for cleartog individ- protein and/or as the sole source of non­ 25.13 Premium rateg and premium pay­ the precT n fíthrough Customs without protein nitrogen in an amount not to ment. exceed 20 percent of the total ration. 25.14 Assessment. the exaetnt™ÍOn*OÍ a declaration, and 25.15 Continuity of coverage and replace­ Port to hp !?Te monthly or other re- (o) To assure safe use, the label and ment of canceled policies. to be delivered will be discussed and labeling of the additive and of any feed 25.16 Claims.

FEDERAL REGISTER, V O L 33, NO. 151— SATURDAY, AUGUST 3, 1968 11078 RULES AND REGULATIONS

Sec. (f) “Aggregate losses” means the sum (3) Boiler and machinery; 25.17 Effective date of offer to bind rein­ total of losses resulting from riots or (4) Ocean marine; and surance. civil disorders occurring in a State dur­ (5) Aircraft physical damage. 25.18 Acceptance of offer to bind rein­ ing the period of the binder. (d) Reinsurance coverage is offered surance. (g) “Excess aggregate losses” means in any one or more States on all the Auth ority : The provisions of this Part 25 ninety per centum (90%) of that part of mandatory lines of property insurance issued under sec. 1221(b), National Housing enumerated in paragraph (b) of this Act, added under sec. 1103, Housing and aggregate losses which is in excess of Urban Development Act of 1968. the net retention. section together, and in any State in (h) “Net retention” as used with re­ which such reinsurance is purchased, re­ § 25.1 Statement o f applicable law. spect to a binder means the amount of insurance coverage is offered on any (a) Section 1221(a) of the National aggregate losses that a reinsured com­ one or more of the optional'lines of prop­ Housing Act, added under section 1103 pany must stand on its own account be­ erty insurance enumerated in paragraph of the Housing and Urban Development fore the Secretary’s liability attaches and (c) of this section. Act of 1968, authorizes the Secretary of shall be one aggregate figure for each § 25.13 Premium rates and premium Housing and Urban Development to offer State which shall be determined by ap­ payment. to any insurer, subject to the conditions plying a factor of one per centum (1%) set forth in section 1223 of the Act, re­ to the specified .percentage of the com­ (a) The reinsurance premium due the insurance against losses resulting from pany’s direct premiums earned in the Secretary for the coverage provided un­ riots or civil disorders in any one or more State for the calendar year 1967 on those der the binder shall be computed by ap­ States, on all standard lines of property lines of insurance reinsured. plying a rate of three-fourths of 'l per insurance enumerated under subpara­ (i) “Specified percentage” means one centum (0-.75%) to the specified percent­ graphs (A) through (E) of section 1203 hundred per centum (100%) of each line age of a company’s direct premiums (a) (TO) together, and, with respect to of insurance reinsured under the binder earned in each State in reinsured lines of any State in which such reinsurance is except that the specified percentage of insurance for the calendar year 1967. purchased, to offer reinsurance on any Homeowners multiple- peril shall be (b) The premium due for reinsurance one or more standard lines of property eighty-five per centum (85%) and that coverage under a binder shall be paid to insurance enumerated under subpara­ of commercial multiple peril shall be the Secretary not later than fifteen (15) graphs (P) through intentionally caused fire or other prop­ and (4) of this paragraph. except in case of (1) nonpaymen erty damage which may not be connected (c) The optional lines of property in- premium, (2) evidence of incendiarism, in time or place to a specific riot or group (3) a finding by the company on the basis activity but which can be determined, surance coverage are as follows: (1) Inland marine; of satisfactory evidence that changes i pursuant to such regulations, to be a the physical condition of the prope form of civil disorder. (2) Glass;

FEDERAL REGISTER; VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11079

or other changed conditions make the patch of a binder of reinsurance, Form 2. The purpose of this document is to risk uninsurable, or (4) other satisfactory HUD-1600. The offer may also be ac­ establish and describe special anchorage placement through State pools or facili­ cepted by telegraphic or letter notice, areas in Hingham Harbor, Mass., as de­ ties. The Secretary may terminate re­ provided that a company’s notice of ac­ scribed in 33 CFR 110.32 below, wherein insurance coverage under the binder in ceptance of this offer must indicate the vessels not more than 65 feet in length, any State in which the company fails States in which reinsurance on lines of when at anchor in such special anchor­ to comply with the conditions of this mandatory coverage is bound, and age area, shall not be required to carry paragraph. specifically designate for each such or exhibit anchor lights or shapes (day (b) During the period of the binder State the lines of optional coverage for signals). The areas will be principally it will neither cancel nor fail to renew any which reinsurance is bound. for use by yachts and other recreation policy in reinsured lines applicable to (b) A binder shall be effective after craft. Temporary floats or buoys for urban area property because of the area midnight of the date on which notice of marking anchors will be allowed in the or neighborhood in which such property acceptance of this offer of reinsurance is areas but fixed piles or stakes may not is located or because of environmental dispatched to the Secretary, and shall be placed. The anchoring of vessels and hazard beyond the control of the prop­ remain in foree until midnight of Oc­ the placing of moorings will be under the erty owner, except where other satis­ tober 29, 1968, unless sooner replaced by jurisdiction of the local Harbor Master. factory placement is provided through a standard reinsurance contract. 3. By virtue of the authority vested in State pools or facilities. The Secretary fc) Issuance and acceptance of a me as Commandant, U.S. Coast Guard, may terminate a company’s reinsurance binder obligates the Secretary to Issue a by 14 U.S.C. 632 and the delegation in coverage under the binder in any State standard reinsurance contract commenc­ 49 CFR 1.4(a) (3) of the Secretary of in which the State insurance authority ing on the effective date of the binder Transportation under 49 U.S.C. 1655 certifies, after hearing, that the company and expiring at midnight, April 30, 1969. (g) (1), Part 110 is amended by inserting has failed to renew such policies so as to No reinsurance coverage will be offered after § 110.30 a new § 110.32 to read as affect adversely and materially the urban to a company after the expiration of this follows and to become effective upon insurance market in the State for such binder with respect to any State unless publication of this document in the lines of insurance. there is in effect a statewide plan as set F ederal R egister: (c) In each State for which reinsur­ forth in Part A of title XII of the Na­ ance is provided under a binder, it will § 110.32 Hingham Harbor, Hingham, tional Housing Act, and the company is Mass. cooperate with other insurance com­ participating in such plan and unless, in panies doing business in the State, in a State where a pool has been established (a) Area 1. Beginning at latitude providing for the reinstatement, or other pursuant to State law, the company is 42°15'39", longitude 70°53'24"; thence satisfactory placement through State participating in such pool. to latitude 42°15'53.5", longitude 70°53'- pools or facilities, of any policy, in re­ 32"; thence to latitude 42°15'56", longi­ insured lines applicable to urban area Effective date: This part is effective at tude 70°53'23"; thence to latitude 42°- property, which it cancelled because of the time this document is filed for public 15'42", longitude 70°53'15"; thence to the location of property or environmental inspection at the Office of the Federal point of beginning. hazard, between April 1, 1968, and the Register. (b) Area 2. Beginning at latitude effective date of the binder. Robert C. W eaver, 42°15'30", longitude 70°53'02.5"; thence Secretary of Housing and § 25.16 Claims. to latitude 42°15'30", longitude 70°53'- Urban Development. 13.5"; thence to latitude 42°15'27.5", A company reinsured under a bindei [F.R. Doc. 68-9354; Filed, Aug. 1, 1968; longitude 70°53'18"; thence to latitude shall advise the Secretary, as soon as is 3:22 p.m.] 42°15'28.5", longitude 70°53'31"; thence reasonably possible after receiving to latitude 42°15'35", longitude 70°53'- knowledge of any riots or civil disorders, 34"; thence to latitude 42°15'36", longi­ whenever it appears probable that the tude 70°53'36.5"; thence to latitude 42°- net retention in a State will be exceeded, Title 33— NAVIGATION AND 15'41", longitude 70°53'34.5"; thence to If a company has incurred aggregate Property losses which exceed the net re­ NAVIGABLE WATERS latitude 42°15'31", longitude 70°53'28"; tention, it may make claim upon the thence to latitude 42°15'31.5", longitude Secretary for payment of excess aggre­ 70° 53'03"; thence to point of beginning. gate losses by filing a certification of loss Chapter I— Coast Guard, Department (c) Area 3. Beginning at latitude 42°- and the Secretary shall, in such install­ of Transportation 15'33", longitude 70°53'01.5"; thence to latitude 42°15'33.5", longitude 70°53'- ments and on such conditions as he may SUBCHAPTER I— ANCHORAGES determine, pay to the company the 19"; thence to latitude 42°15'35.5", amount for which he is liable, subject to [OGFR 68-89] longitude 70°53'02"; thence to point of beginning. adjustments on account of previously PART 110— ANCHORAGE (d) Area 4. Beginning at latitude 42°- made underpayments or overpayments, REGULATIONS n the ultimate cost of all claims against 14'47", longitude 70°53'09.5"; thence to . company has not been finally deter- Subpart A— Special Anchorage Areas latitude 42°14'48.5", longitude 70°53'- ™1ted when the certification of loss is 11.5"; thence to latitude 42°14'54", ea, the company shall, in due course, Hingham: Harbor, M assachusetts longitude 70°53'08"; thence to latitude e one or more supplementary certifica- 1. The, Chairman of the Board of Se­42°14'56.5", longitude 70°52'58.5"; ions and thereafter the Secretary or the lectmen of Hingham, Mass., by letter thence to point of beginning. company, as the case may be, shall pay dated September 20, 1967, requested the (e) Area 5. Beginning at latitude 42°- the amount due. establishment of five Special Anchorage Areas in Hingham Harbor. A public no­ 14'48", longitude 70°52'57"; thence to §25.17 Effective date of offer to bind latitude 42°14'48.5", longitude 70°53'- reinsurance. tice dated November 13, 1967, was issued by the New England Division, Corps of 02"; thence to latitude 42°14'58", longi­ The Secretary’s offer to bind rein- Engineers, describing the proposed an­ tude 70°52'51"; thence to latitude 42°- surance under the terms and conditions chorage areas. All known interested 14'53.5", longitude 70°52'50"; thence to ti ^ thls Part is effective at the parties were notified and no objection point of beginning. ins “-- document is filed for public was .received. Therefore the request is granted and the establishment of special Note : The areas will be principally for use s. 5 S r °n at the ° ffice of the Federal by yachts and other recreational craft. Tem­ anchorage areas as described in 33'CFR porary floats or buoys for marking anchors § 25.18 Acceptance of offer to bind re 110.32 below is granted, subject to the will be allowed in the areas but fixed piles insurance. right to change the requirements and to or stakes may not be placed. The anchoring of vessels and the placing of moorings will J va\™ s °®er t*3 bind reinsurance amend the regulations if and when nec­ be under the jurisdiction of the local Harbor y be accepted by execution and dis essary in the public interest. Master.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11080 RULES AND REGULATIONS

(R.S. 4233, as amended, 28 Stat. 647, as facility. However, in no case shall such arbitration and allow for truly con­ amended, 30 Stat. 98, as amended, sec. payment be more than one-half of the ciliatory negotiations * * *.” Under the 6(g) (1), 80 Stat. 940; 33 U.S.C. 180, 258, 322; cost of maintenance of the veteran in Conciliation Service as so revised, Hear­ 49 U.S.C. 1655(g) (1); 49 CFR 1.4(a) (3)) such State home, computed in accord­ ing Counsel explain that: Dated: July 29, 1968. ance with instructions furnished by the * * * the parties are aUowed to determine Veterans Administration. the procedures to be employed; there is no W. J. Sm ith, (b) The Administrator will pay, effec­written record; they are free to withdraw Admiral, U.S. Coast Guard, tive no earlier than July 27, 1968, to the at any stage of the proceeding; and there is Commandant. designated State official at the per diem the added safeguard that all parties must [F.R. Doc. 68-9295; Filed, Aug. 2, 1968; rate of $5 for each veteran of any war agree to the conciliator’s opinion before it is 8:46 a.m.] receiving nursing home care in a recog­ issued. nized State home with facilities desig­ We have carefully considered all of the nated and staffed to provide such care, suggested revisions submitted by Hear­ provided the following conditions are ing Counsel and we concur that the pro­ Title 38— PENSIONS, BONUSES, met: posed rules as so revised are more closely ***** in accord with the purpose and spirit of AND VETERANS' RELIEF (72 Stat. 1114; 38 U.S.C. 210) a true conciliation service. Accordingly, except for a few minor clarifications and Chapter I— Veterans Administration This VA regulation is effective July 26, revisions, all of the modifications re­ PART 17— MEDICAL 1968. quested by Hearing Counsel have been in­ Approved: July 30, 1968. corporated in the final rules as adopted Utilization of Facilities Other Than herein. As a result of these changes and Those Under Direct and Exclusive By direction of the Administrator. for reasons stated below, the general Jurisdiction of the Veterans Ad­ [seal] A. W. S tratton, objections to the proposed Conciliation Deputy Administrator. Service originally voiced by some of the ministration commenting parties are no longer valid. [FJt. Doc. 68-9312; Filed, Aug. 2, 1968; In § 17.50(j) (1), subdivision (i) is 8:47 am.] 1. The contention is made that the amended to read as follows: Federal Maritime Commission lacks the § 17.50 Utilization o f facilities other authority to provide for and undertake than those under direct and exclusive the matters covered by the proposed Con­ jurisdiction o f the Veterans Admin­ ciliation Service. The Commission’s au­ Title 46—SHIPPING thority to promulgate the proposed rules istration. Chapter IV— Federal Maritime ***** is challenged, in large part, on the Commission grounds that the rules actually provide (j)(l) * * * for a kind of arbitration or mediation (i) The cost of nursing home care for SUBCHAPTER A— GENERAL PROVISIONS which can only be authorized by statute. such veterans in such institution does [General Order 16, Arndt. 3; Docket No. 68-2] Whatever might have been the merit to not exceed 40 per centum of the cost of PART 502— RULES OF PRACTICE this argument, it is clear that the revi­ care furnished by the Veterans Admin­ sions suggested by Hearing Counsel and istration in a general medical and sur­ AND PROCEDURE adopted by this Commission, have mooted gical hospital as is determined from time Subpart U— Conciliation Service this issue. Under section 43 of the Ship­ to time by the Administrator. ping Act, 1916, the Commission is ex­ ***** On January 18,1968, the Federal Mari­ pressly given the authority to “* * * (72 Stat. 1114; 38 U.S.C. 210) time Commission published in the make such rules and regulations as may F ederal R egister (33 FJt. 638) proposed be necessary to-carry out the provisions This VA regulation is effective July 26, rules and regulations covering the estab­ of this Act.” The Conciliation Service 1968. lishment of a Conciliation Service. In the now contemplated by the proposed rules Approved: July 30,1968. preamble to its notice of proposed rule merely establishes an informal procedure making, the Commission explained that for resolving disputes involving persons By direction of the Administrator. the proposed Conciliation Service would: and matters falling within the Commis­ [ seal] A. W. S tratton, * * * provide a method for settling disputes sion’s jurisdiction, as set forth in its Deputy Administrator. between persons or companies involved in the Shipping Act, 1916, and the other shipping, receiving, handling, or movement Shipping Statutes,1 without the necessity [F.R. Doc. 68-9315; Filed, Aug. 2, 1968; of merchandise In the waterborne commerce * 8:47 a.m.] of costly and protracted litigation. of the United States domestic offshore and 2. Several commentators are of the foreign. opinion that the proposed Conciliation PART 17— MEDICAL Eleven written comments were filed by, Service is unnecessary and duplicative in or on behalf of, 44 interested parties. that there are allegedly now existing Payment of Federal Aid to States for Replies to these comments were filed by ample facilities, both governmental and War Veterans Receiving Hospital, Hearing Counsel, and there were filed nongovernmental, which are adequate to Domiciliary and Nursing Home Care answers to these replies. The Commission assist in the settlement of disputes be­ in State Homes has carefully considered the positions of tween persons subject to the Commis­ the parties and the final rules promul­ sion’s jurisdiction. Some of the means re­ In § 17.166, paragraph (a) and that gated herein have been drafted with the ferred to as being available for tne portion of paragraph (b) preceding sub- parties’ comments and arguments in prompt resolution of disputes include paragraph (1) are amended to read as mind. Comments and arguments not dis­ remedies provided by this Commission, follows: cussed or reflected herein have been con­ such as the Small Claims and Informal § 17.166 Payment of Federal aid to sidered and found not relevant or Complaints procedures, and facilities States for war veterans receiving hos­ material. made available by various arbitration as­ pital, domiciliary and nursing home The vast majority of the comments re­ sociations. In view of the fact that tne care in State homes. ceived level a general attack on the mat­ rules have been revised so as to eliminat (a) The Administrator shall pay to theters covered by the proposed rules and, any aspect of arbitration and to allow designated State official of each State at for the most part, are grounded on the for purely informal conciliatory negotia­ the per diem rate of $3.50 for each vet­ contention that, though purporting to tions, the adversary-type of forum pro­ eran of any war receiving hospitaliza­ authorize conciliation, the proposed rules vided by arbitration associations wou actually provide for a kind of arbitration not be suitable or appropriate. tion or domiciliary care in a recognized or mediation. In response to these objec­ State home in such State if the veteran tions, Hearing Counsel recommend ex­ is eligible for hospitalization or domi­ tensive changes in the proposed rules in 1 The other “Shipping Statutes” are ciliary care in a Veterans Administration order “ * * * to exclude all aspects of enumerated in 502.401(b) of the rules. FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 RULES AND REGULATIONS 11081

As to those existing remedies provided lowing language has been inserted at the -§ 502.401 Definitions. for by the Commission which are alleg­ end of § 502.401 (a) in order to clarify the edly adequate to resolve any dispute con­ seope of the disputes which may be con­ (a) “Disputes” means disagreements templated by the proposed rules, suffice ciliated under the proposed rules: between two or more parties arising from it to say that, although there may be the transportation of goods or the per­ The foregoing definition is limited to those formance of services in connection with some overlap with existing procedures, disputes which fall within the jurisdiction of this Commission has no procedure now the Fédéral Maritime Commission. such transportation in the domestic off­ in effect which provides the informal shore commerce or the foreign commerce mechanisms and renders the unencum­ 2. Opposition is also lodged against of the United States; a difference of bered assistance contemplated by the the section of the proposed rules dealing opinion regarding the interpretation of proposed rules for the resolution of dis­ With the selection of conciliators. It is any tariff, rate, rule, or regulation; a putes between persons subject to its the position of at least one commentator disagreement regarding the perform­ jurisdiction. that “ * * * as no standards for the se­ ance of any service in connection with 3. Certain commentators argue that lection of the conciliation are prescribed, such transportation; a disagreement establishing the proposed Conciliation the Managing Director may appoint with respect to an alleged violation of the Service could have serious consequences whomever he sees fit in his unfettered Shipping Statutes; any other disagree­ to persons subject to the Commission’s discretion.” It is suggested the sëction re­ ment or opposing opinion regarding any jurisdiction and could be prejudicial to lating to the assignment of conciliateurs matter connected with transportation of the legal rights of these persons. These be amended to provide for the assign­ cargoes in the waterborne commerce of parties are especially concerned that the ment of only Hearing Examiners as con­ the United States. The fo reg o in g defini­ information and documents presented to ciliators. We have given considerable tion is limited to those disputes which and required by the conciliator could thought to this recommendation and fall within the jurisdiction of the Fed­ conceivably form the basis of subsequent have decided to reject it. As Hearing eral Maritime Commission. action by the Commission or be used in Counsel have so succinctly pointed out, (b) “Shipping Statutes” means the a later formal proceeding as a means of the fact that the Office of Hearing Ex­ Shipping Act, 1916, as amended, 46 U.S.C. discovery. In our view, this fear is un- aminers is not vested exclusively with the 801 et seq.; Merchant Marine Act, 1936, warranted. Under the provisions of the task of presiding as conciliators should 46 U.S.C. 1101 et seq.; Merchant Marine proposed rules as revised, the parties not unduly trouble anyone in view of the Act, 1920,46 U.S.C. 861 et seq.; the Inter­ themselves determine the procedure to fact that it: coastal Shipping Act, 1933, 46 U.S.C. 843 be used and further determine whether, * * * behooves the Managing Director to et seq.; and Acts relating to the forego­ and to what extent, “affidavits, docu­ choose a conciliator that would be acceptable ing, to the extent of the Federal Mari­ ments or other materials” are to be sub­ to all parties involved since, as already noted, time Commission’s jurisdiction under under section * * * (§502.404) as revised, such Acts. mitted. Moreover, the fact that parties participation is purely voluntary at all stages. to the Conciliation Service are now free - (c) “Advisory opinions” means non­ to withdraw at any stage of the proceed­ Various other minor revisions and binding conclusions reached by a con­ ing should overcome any prejudice which modifications have been incorporated ciliator on the basis of oral presentation might otherwise result from a party into the final rules promulgated here. and/or documentary authority. having to produce any information or These changes are not substantive but (d) “Domestic Offshore Commerce” documents. were made solely in the interest of clarity means waterborne common carriage be­ 4. Finally, some parties contend thatand to allow for better organization. For tween: the proceeding contemplated by the pro­ example: ( 1 ) The Continental United States and posed rules is too formal and, in the 1. In the final rules, § 502.401(d) has Alaska or Hawaii; words of one commentator, results in an been rewritten to more accurately define (2) Alaska and Hawaii; atmosphere which is “ * * * not condu- Domestic Offshore Commerce. (3) The United States (including fran^ and open discussion about 2. “Conference of carriers” had been Alaska and Hawaii) and any territory “kpnte,” Accordingly, it is suggested included in the list of persons eligible for or possession of the United States; and that the proposed rules be redrafted to the Conciliation Service under § 502.403 (4) A territory or possession of the exclude any words or implications that of the final rules. Its amission from the United States and any other such terri­ tne conciliator is expected to follow a rules as originally proposed was an over­ tory or possession. particular way to take evidence or is ex­ sight. (e) “Foreign C om m erce” means pected to reduce his thoughts to a written 3. Section 502.405, dealing with the waterborne common carriage between Pinion, without the parties’ advance Assignment of Conciliators, has been the United States or any of its territories consent. Hearing Counsel, in their pro­ amended in order to delete certain re­ or possessions, and a foreign country. posed revision of the rules, which we dundant and unnecessary language. §502.402 Poliéy. adopted, have incorporated all of 4. Finally, sections (in the final rules) It is the policy of the Federal Maritime SeLar°V®;requested changes and, eon- have been renumbered, retitled, and re­ +„/,ent with one particular commenta- organized in order to provide for a more Commission: n w r?quest> have provided “an atmos- efficient and readable arrangement. The (a) To offer its good offices and exper­ the Parties can fully and final rules are being incorporated in Part tise to parties to disputes involving mat­ ters within its jurisdiction, so as to probT ” dlscuss and solve their own 502—Rules of Practice and Procedure. Therefore, pursuant to the provisions permit resolution of such disputes with the aforementioned con of section 4 of the Administrative Pro­ dispatch and without the necessity of £ 2 “ '' which constituted a general a cedure Act (5 U.S.C. 553), and section costly and time-consuming formal proceedings; the establishment of tl 43 of the Shipping Act, 1916 (46 U.S.C. t J » Sed Conciliation Service, our n< 841a), Part 502 of Title 46 of the Code (b) To facilitate and promote the th?f° „ pr?posed.rulemaking also eliciti of Federal Regulations is hereby resolution of problems and disputes by Sion« o« Jîng S ection s to specific prov amended by the addition of Subpart U, encouraging affected parties to resolve wonsand language in the proposed rule reading as below: differences through their own resources; (c) To create a forum in which griev­ i m w £ ° Sï i0n is voiced to the “ almo Subpart U— Conciliation Service fineriUi^dtuharacter of ‘disputes’ ” as d< ances, interpretations, problems, and S “ the proposed rules. It is cor Sec. questions involving the waterborne com­ 502.401 Definitions. merce of the United States may be aired, subject tl? tv. ar.e.a ?f disputes mac 502.402 Policy. this cp,!h Conciliation Service und< discussed and, hopefully, resolved to the 502.403 Persons eligible for service. mutual advantage of all concerned C o r n i t , 18 far .broader than tt 502.404 Procedures. parties. °wn Jurisdiction und< 502.405 Assignment of conciliators. c le a r lv ^ t an.d f ould embrace mattei 502.406 Opinions. § 502.403 Persons eligible for service. Comrni ^thout the “expertise” of tt Authority: The provisions of this Part 502 S g f i f e ^ t is well take, Request for conciliation service may drngly, in the final rules, the fo] issued pursuant to Sec. 43 Shipping Act, 1916, be made by any shipper, merchant, 75 Stat. 766, 46 U.S.C. 841a. carrier, conference of carriers, freight

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11082 RULES AND REGULATIONS

forwarder, terminal operator, Govern­ the request is made by only one party, the § 502.406 Opinions. ment agency, or any other person affected conciliator will contact the other party (a) The conciliator will write an ad­ by or involved in the transportation of or parties'to the dispute and be advised visory opinion that must meet the ap­ goods by common carrier in the water­ as to whether such parties agree to par­ proval of all parties. If the advisory borne domestic offshore or foreign com­ ticipate in the conciliation. If the other opinion, or revision thereof requested by merce of the United States. party or parties to the dispute do not one or more of the parties, is not unani­ agree to the Conciliation Service, no fur­ § 502.404 Procedures. mously agreed upon, then the concilia­ ther action will be taken by the concilia­ tion will stop without prejudice to any (a) The request for conciliation should tor and the conciliation ceases. of the parties involved. If unanimity is be addressed to the federal Maritime (d) The parties will be free to deter­ not reached, the conciliator will note in a Commission Conciliation Service, 1321 H mine the best procedures to be used with report to the Commission, which he shall Street NW., Washington, D.C. 20573, and the qualification that the conciliator may serve on all parties, that the parties should contain the details of the dispute, disapprove procedures that would in his failed to reach agreement. Only if una­ names and addresses of all involved opinion be either too time-consuming or nimity is reached, will the informal ad­ parties, the contentions of each party or involve inordinate expense to the Fed­ visory opinion, although not binding, be parties, and copies of any documents that eral Maritime Commission. The parties sent to all interested parties and be made are relevant to the disposition of the is­ may agree to (1) fix a time and place for available to the public in the Federal sues. If the request is made by any one the oral presentation of each party’s Maritime Commission Docket Room. party to the dispute, the party requesting contention; and (2) request affidavits, (b) There will be no appeal from or conciliation should mail to the other documents, or other materials that could review of, such decisions and any party party or parties to the dispute a copy help resolve the dispute. The conciliator may pursue any further course of action of the letter of request, with attachments, will be in a strictly advisory capacity. if any. There will be no written record of the under any other rule or statute that it (b) Each matter will be assigned a conciliation discussions. deems advisable. number prefixed by the letters FMCCS (e) Participation in the conciliation of Effective date. These rules shall be­ and assigned to a conciliator for disposi­ a dispute is purely voluntary at all stages come effective upon date of publication tion and the involved parties will be in­ and the parties involved may withdraw formed of the case number and the name at any time without prejudice. in the Federal R egister. of the conciliator. § 502.405 Assignment o f conciliators. By order of the Federal Maritime (c) While it is preferable that all par­ Commission. ties involved in a dispute request a serv­ The Commission’s Managing Director, giving due regard to the type and com­ [ seal] F rancis C. Horne y, ice jointly, a request by a single party Assistant Secretary. for the service will be acted upon, pro­ plexity of the problem presented and the vided all parties agree that the dispute degree of expertise required, will assign [F.R. Doc. 68-9319; Filed, Aug. 2,* 1968; should be conciliated. In the event that a conciliator to each dispute. 8:48 a.m.]

FEDERAL REGISTER, V O L 33, NO. 151— SATURDAY, AUGUST 3, 1968 11083 Proposed Rule Making

§1130.5 Cooperative association. A milk from dairy farmers and handlers DEPARTMENT OF AGRICULTURE “ Cooperative association” means any pursuant to § 1130.12(d) at such plant Consumer and Marketing Service cooperative marketing association of pro­ is moved as fluid milk products in bulk ducers which the Secretary determines, to pool distributing plants; or [ 7 OFR Part 1130 1 after application by the association: (2) During each of the months of [Docket No. AO-259—A19] (a) To be qualified under the provi­ January through August, if such plant sions of the Act of Congress of Febru­ was a pool plant pursuant to subpara­ MILK IN CORPUS CHRISTI, TEX., ary 18, 1922, as amended, known as the graph (1) of this paragraph during each MARKETING AREA “ Capper-Volstead Act” ; and of the immediately preceding months of (b) To have full authority in the sale September through December, unless the Notice of Hearing on Proposed of milk of its members and to be engaged operator of such plant has filed with the Amendments to Tentative Market­ in making collective sales or marketing market administrator before the first ing Agreement and Order milk or its products for its members. day of any month written request that such plant not be a pool plant for each Pursuant to the provisions of the Agri­ § 1130.6 Corpus Christi, Tex., market­ month through August during which it cultural Marketing Agreement Act of ing area. does not otherwise qualify as a pool 1937, as amended (7 U.S.C. 601 et seq.), “ Corpus Christi, Tex., marketing area,” plant; or and the applicable rules of practice and called the “marketing area” in this part (c) Any plant operated by a coopera­ procedure governing the formulation of means all the territory within the coun­ tive association which has been approved marketing agreements and marketing ties of Brooks, Cameron* Duval, HidalgoT by any duly constituted State or munici­ orders (7 CFR Part 900), notice is hereby Jim Wells, Kleberg, Live Oak, Nueces, and pal health authority and at which milk given of a public hearing to be held in San Patricio, all in the State of Texas. is received from dairy farmers holding the Vista Room, Echo Motel, Edinburg, § 1130.7 Plant. permits or authorizations from such Tex., beginning at 10 a.m., local time, on health authority, and at least 50 percent August 20, 1968, with respect to proposed “Plant” means the land, buildings, fa­ or more of the producer milk of members amendments to the tentative marketing cilities, and equipment constituting a of such cooperative association is physi­ agreement and to the order, regulating single operating unit or establishment at cally received during the month at pool the handling of milk in the Corpus which milk or milk products are received, plants of other handlers described in Christi, Tex., marketing area. processed and/or packaged. Separate fa­ paragraph (a) of this section or is trans­ The public hearing is for the purpose cilities used only as a reload point for ferred to such pool plants from a plant of receiving evidence with respect to the transferring bulk milk from one tank of the cooperative association. economic and marketing conditions truck to another shall not be a plant which relate to the proposed amend­ under this definitioh if the milk trans­ §1130.11 Nonpool plant. ments, hereinafter set forth, and any ap­ ferred at such facilities can be identified “Nonpool plant” means any milk re­ propriate modifications thereof, to the as receipts from specific farmers until ceiving, manufacturing, or processing tentative marketing agreement and to the milk is received at a plant. Facilities plant other than a pool plant. The fol­ the order. Proposals two through six were used only as a distribution point for stor­ lowing categories of nonpool plants are made contingent upon whether the pres­ ing fluid milk products in transit on further defined as folldws: ent individual handler pooling system routes shall not be a plant under this (a) “ Other order plant” means a plant under the order is changed to market­ definition. that is fully subject to the pricing and wide pooling of producer returns. § 1130.8 Distributing plant. pooling provisions of another Federal or­ The proposed amendments, set forth der issued pursuant to the Act. below, have not received the approval of “Distributing plant” means a.plant the Secretary of Agriculture. from which Grade A fluid milk products (b) “Producer-handler plant” means Proposed by Milk Producers, Inc. : are disposed of during the month on a a plant operated by a producer-handler Proposal No. 1. route (s) in the marketing area. as defined in any order (including this part) issued pursuant to the Act. Proposed Amended O rder for the Corpus § 1130.9 Supply plant. (c) “Unregulated supply plant” means Christi, T ex., M arketing A rèa “Supply plant” means any plant ap­ a nonpool plant from which fluid milk definitions proved by an appropriate health author­ products eligible for distribution as Grade A milk in the marketing area are .§ 1130.1 Act. / ity to supply fluid milk for distribution as Grade A milk in the marketing area moved to a pool plant during the month “Act” means Public Act No. 10, 73d and from which milk is moved to a dis­ but which is neither an other order plant congress, as amended, and as reenacted tributing plant. nor a producer-handler plant. amended, by the Agricultural (d) “Partially regulated distributing «marketing Agreement Act of 1937, as §1130.10 Pool plant. plant” means a nonpool plant that is amended (7 U.S.C. 601 et seq.). “Pool plant” means: neither an other order plant nor a pro­ § 1130.2 Secretary. (a) Any distributing plant, except a ducer-handler plant, from which fluid producer-handler plant or an other milk products labeled Grade A in con­ Ao^!CHe*'ary” means the Secretary of order plant, from which during the sumer-type packages or dispenser units t h a n S v or any officer or employee of month: are distributed on routes (other than to ni ted States authorized to exercise (1) The disposition of fluid milk prod­ pool plants) in the marketing area dur­ ne powers and to perform the duties of ucts on routes within the marketing area ing the month. Secretary of Agriculture. is 10 percent or more of the receipts of § 1130.12 Handler. § 1130.3 Department. Grade A milk at such plant; and (2) The total disposition of fluid milk “Handler” means: rnlD^ ment” means the U.S. Depart­ products on routes is 50 percent or more (a) Any person in his capacity as the ment of Agriculture. operator of a pool plant; § 1130.4 Person. of the receipts o f Grade A milk at such plant; (b) Any person in his capacity as the operator of a partially regulated dis­ TiO3? f S0n” means any Individual, part- (b) A supply plant; tributing plant; ,, ? ’ corPoration, association, or any (1) During any month in which 50 other business unit. (c) Any cooperative association with percent or more of the receipts of Grade respect to producer milk which it causes

N o, 151------5 FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11084 PROPOSED RULE MAKING to be diverted from a pool plant to an­ (c) With respect to diversions to non-in hermetically sealed containers): Pro­ other handler to a rionpool plant for the pool plants: vided, That when nonfat milk solids are account of such cooperative association; (1) A cooperative association may di­ added for “fortification”, the amount of (d) Any cooperative association with vert for its account a total quantity of skim milk to be included within this respect to milk of its producer members milk not in excess of one-third of the definition shall be only that amount which is received from the farm for deli­ total producer milk of its members re­ equal to the weight of skim milk in an very to the pool plant of another handler ceived at all pool plants during the equal volume of an unmodified product in a tank truck owned and operated by, month. Diversions in excess of such of the same nature and butterfat con­ or under contract to, such cooperative quantity shall not be producer milk and tent. association; the diverting cooperative shall specify § 1130.17 Other source milk. (e) Any person in his capacity as the the dairy farmers whose diverted milk is operator of another order plant from ineligible as producer milk. If the coop­ “Other source milk” means all skim which route disposition of fluid milk erative association fails to designate such milk and butterfat contained in: products is made in the marketing area; producers, producer milk status shall be (a) Receipts at a pool plant during or forfeited with respect to all milk diverted the month of fluid milk products except (f) A producer-handler. by such cooperative association; (1) fluid milk products received from (2) A handler operating a pool plant other pool plants, (2) producer milk; and § 1130.13 Producer. may divert for his account milk of pro­ (b) Products other than fluid milk (a) “Producer” means any person, ex­ ducers other than members of a coopera­ products from any source (including cept a producer-handler as defined in tive association diverting milk pursuant those produced at the plant) which are any order (including this part) issued to subparagraph (1) of this paragraph, reprocessed or converted to another pursuant to the Act, who produces milk in a total quantity not in excess of one- product in the plant during the month, approved for consumption as Grade A third of the milk at such pool plant dur­ and any disappearance of products other milk by any duly constituted State or ing the month from producers who are than fluid milk products which are in, a municipal health authority, which is: not members of such a cooperative asso­ form in which they may be converted (1) Received at a pool plant; or ciation. Milk diverted in excess of such into fluid milk products or used to make (2) Diverted by a handler for his ac­ quantity shall not be producer milk and Class II and III products and which are count from a pool plant to a nonpool the diverting handler shall specify the not otherwise accounted for pursuant to plant, subject to the provisions of § 1130.- dairy farmers whose diverted milk is in­ § 1130.33. 14. eligible as producer milk. If a handler § 1130.18 Route disposition. fails to designate such producers, pro­ (b) “Producer” shall not include: “Route disposition” , or “disposed of on (1) Any person with respect to milk ducer milk status shall be forfeited with respect to all milk diverted by such routes”, means any delivery (including produced by him which is diverted to a any delivery by a vendor or disposition pool plant from an other order plant if handler; and (3) For the purposes of location ad­ at a plant store) of fluid milk products the other order designates such person as other than a delivery to a milk plant. a producer under that order and the justments pursuant to §§ 1130.53 and handler under the other order diverting 1130.82, diverted milk shall be priced § 1130.19 Chicago butter price. such milk and the operator of the pool at the location of the nonpool plant to “Chicago butter price” means the sim­ plant each have requested Class i n which diverted. ple average, as computed by the market classification (or comparable classifica­ § 1130.15 Producer-handler. administrator, of the daily wholesale tion) of such milk in the reports of re­ selling prices (using the midpoint, of any ceipts and utilization filed with their re­ “Producer-handler” means any per­ son who : price range as one price) per pound of spective market administrators; and 92-score bulk creamery butter at Chicago (2) Any person with respect to milk (a) Produces milk and operates a dis­ tributing plant; as reported during the month by the De­ produced by him which is diverted to an partment of Agriculture. other order plant if such person is desig­ (b) Receives no milk from other dairy nated as a producer under the other farmers; § 1130.20 Designation. order with respect to such milk. (c) Disposes of no other source milk The agency for the administration of (except that represented by nonfat solids § 1130.14 Producer milk. this part shall be a market administra­ used in the fortification of fluid milk tor selected by the Secretary, who shall “Producer milk” means skim milk and products) as Class I milk; (d) Receives from pool plants not be entitled to such compensation as may butterfat for each handler’s account in be determined by, and shall be subject to milk from producers as follows: more than a total of 5,000 pounds of milk during the month or 5 percent of his removal at the discretion of the (a) With respect to operations of a Secretary. pool plant: Class I disposition, whichever is less; and (1) Received directly from such pro­ (e) Furnishes satisfactory proof to the § 1130.21 Powers. ducers; market administrator that the mainte­ The market administrator shall have (2) Received from a cooperative as­ nance, care and management of all dairy the following powers with respect to this animals and other resources necessary sociation handler pursuant to § 1130.12 part: . (d ); and to produce the entire amount of fluid (a) To administer its terms and milk handled (excluding transfers from (3) Diverted by the operator of such provisions; , pool plant to a nonpool plant for his pool plants) and the operation of thé (b) To receive, investigate, and report account, subject to the conditions of plant are each the personal enterprise to the Secretary complaints of violations, paragraph (c) of this section. of and at the personal risk of such (c) To make rules and regulations to (b) With respect to additional receipts person. effectuate its terms and provisions; ana by a cooperative association handler: §1130.16 Fluid milk products. (d) To recommend to the Secretary (1) Diverted by such cooperative as­ sociation from the pool plant of another “Fluid milk products” means all skim amendments to this part. handler to a nonpool plant for the ac­ milk (including reconstituted s k im § 1130.22 Duties. count of such cooperative association, milk) and butterfat disposed of in fluid form as milk, skim milk, buttermilk, The market administrator shall per­ subject to the conditions of paragraph form all duties necessary to admimste (d) of this section; and flavored milk drinks, cream, cultured sour cream and sour cream products the terms and provisions of this part, (2) Received by such cooperative as­ including but not limited to t sociation from producers’ farms as a labeled Grade A, and any mixture of cream and milk or skim milk (other than following: handler pursuant to § 1130.12(d) in ex­ frozen cream, aerated cream products, (a) Within 45 days following the date cess of the quantity delivered to pool eggnog, ice cream, ice cream mix or on which he enters upon his dutieso plants pursuant to paragragh (a) (2) of other frozen mixes, evaporated or con­ such lesser period as may be pre^noe this section. densed milk and milk products contained by the Secretary execute and deliver

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 PROPOSED RULE MAKING 11085

the Secretary a bond, effective as of the at his last known address, a statement (iii) Other source milk, with the iden­ date on which he enters upon such showing for such handler the amount tity of each source. duties and conditioned upon the faithful and value of producer milk in each class (2) Inventories of fluid milk products performance of such duties in an amount and the totals thereof; and at the beginning and end of the month: and with surety thereon satisfactory to (k) Prepare and make available for (i) In packaged form; and the Secretary; the benefit of producers, consumers and (ii) In bulk form. (b) Employ and fix the compensation handlers such general statistics and such (3) The utilization or disposition of all of such persons as may be necessary to information concerning the operations quantities required to be reported, show­ enable him to administer its terms and hereof as are necessary and essential to ing separately: provisions; the proper functioning of this part. (i) Total route disposition; (c) Obtain a bond in a reasonable (l) On or before the 12th day after (ii) Route disposition in the market­ amount and with satisfactory surety the end of each month report to each ing area; thereon covering each employee who cooperative association, upon request by (iii) Transfers to other pool plants; handles funds entrusted to the market such association, the percentage of pro­ (iv) Transfers to other order plants; administrator; ducer milk caused to be delivered by such (v) Transfers to nonpool plants; and (d) Pay out of the funds provided by association which was used in each class (vi) Diversion to nonpool plants. § 1130.88 the cost of his bond and of the by each handler receiving such milk. (4) Such other information with re­ bonds of his employees, his own com­ For the purpose of this report the milk spect to receipts and utilization as the pensation, and all other expenses (except so received shall be prorated to each class market administrator may request; those incurred under § 1130.87) neces­ in the proportion that the total receipts (b) Each cooperative association shall sarily incurred by him in the mainte­ of producer milk by such handler were report with respect to milk for which it is nance and functioning of his office and used in each class. the handler pursuant to § 1130.12 (c) or in the performance of his duties; (m) Report to the market adminis­ (d) : (e) Keep such books and records as trator of the other order, as soon as (1) Receipts of skim milk and butter­ will clearly reflect the transactions pro­ possible after the report of receipts and fat from producers; vided for in this part, and upon request utilization for the month is received from (2) The quantities delivered to each by the Secretary, surrender the same to a handler who has received fluid milk pool plant and to each nonpool plant; such other person as the Secretary may products from an other order plant, the (3) The utilization of all such milk designate; classifications to which such receipts are not delivered to a pool plant ; and (f) Submit his books and records to allocated pursuant to § 1130.46 pursuant (4) Such other information as the examination by the Secretary and fur­ to such report, and thereafter any market administrator may require. nish such information and reports as change in such allocation required to (c) Each handler operating a par­ may be requested by the Secretary; correct errors disclosed in verification of tially regulated distributing plant* shall (g) Verify all reports and payments of such report; and .report as required in paragraph (a) of each handler by audit of such handler’s (n) Furnish to each handler who op­ this section except that receipts of Grade records and the records of any other han­ erates a pool plant (including a coopera­ A milk from dairy farmers shall be re­ dler or person upon whose disposition of tive . association in its capacity as a ported in lieu of receipts of producer milk such handler claims classification of handler pursuant to § 1130.12(c)) and milk. Such report shall include a sepa­ skim milk and butterf at and by such in­ who has shipped fluid milk products to rate statement showing the respective vestigation as the market administrator an other order plant, the classification amounts of skim milk and butterfat dis­ deems necessary; to which the skim milk and butterfat posed of as Class I milk on routes in the (h) Publicly announce at his discre­ in such fluid milk products were allo­ marketing area. tion, unless otherwise directed by the cated by the market administrator of Secretary, by posting in a conspicuous the other order on the basis of the report §1130.31 Payroll reports. place in his office and by such other of the receiving handler; and as neces­ On or before the 20th day of each means as he deems appropriate, the name sary, any changes in such classification month, each handler operating a pool of any person who, after the date upon arising in the verification of such report. plant (s), each cooperative association which he is required to perform such acts (o) Whenever required for purpose of which is a handler pursuant to § 1130.12 has not made reports pursuant to allocating receipts from other order (c) or (d), and each handler operating §§ 1130.30 to 1130.32, has not maintained plants pursuant to § 1130.46(a) (9) and a partially regulated distributing plant adequate records and facilities pursuant the corresponding step of § 1130.46(b), and making payments pursuant to to § 1130.33, or made payments pursuant the market administrator shall estimate §1130.61 (a), shall submit to the market to §§ 1130.80, 1130.84, 1130.86, and and publicly announce the utilization (to administrator his producer payroll (or 1130.88; the nearest whole percentage) in each in the latter case, his payroll for dairy (i) Publicly announce, by posting in class during the month of skim milk and farmers delivering Grade A milk) for a conspicuous place in his office and butterfat, respectively, in producer milk deliveries made in the preceding month by such other means as he ripems of all handlers. Such estimate shall be which shall show: appropriate and notify each handler in based upon the most current available (a) The total pounds and the average writing: data and shall be final for such purpose. butterfat test of milk received from each producer and cooperative association or before the fifth day of each, § 1130.30 Reports o f receipts and utili­ zation. the number of days, if less than the month, the minimum price for Class I entire month for which milk was re­ milk computed pursuant to § 1130.51(a), On or before the 7th day after the end ceived from such producer; and the Class I milk butterfat differen­ of each month, reports of receipts and (b) The amount of payment to each tial computed pursuant to § 1130.52(a) utilization for such month shall be made producer and^ cooperative association; ootn for the current month, and the to the market administrator as follows and minimum price for Class II and Class i n in the detail and on forms prescribed by milk computed pursuant to § 1130.51 (b) (c) The nature arid amount of any - the market administrator: deductions or charges involved in such f and the butterfat differential (a) Each handler operating a poolpayments. mr class H and Class III milk computed plant shall report for each of his pool Pursuant to § 1130.52 (b) and (c), all for plants: § 1130.32 Other reports. me previous month; and (1) Receipts of skim milk and butter­ (a) Each producer-handler shall ? n. or before the 12th day after fat in or represented by: make reports to the market administra­ en

FEDERAL REGISTER, VOL. 33, NO. 151 — SATURDAY, AUGUST 3, 1968 11086 PROPOSED RULE MAKING §1130.41 Classes o f utilization. other milk plants, except; in the case or before the 7thrday after the end of of milk diverted to a nonpool plant, if the month. Subject to the conditions set forth in the operator of the plant to which the (c) Each handler who causes milk to§§ 1130.43 and 1130.44, the classes of milk is diverted accounts for such milk be delivered for his account directly from utilization shall be as follows: on the basis of farm weights, the appli­ producers’ farms to a nonpool plant shall, (a) Class I milk. Class I milk shall be cable percentage shall be 2 percent. prior to such diversion, report to the all skim milk and butterfat: (8) In shrinkage of skim milk and market administrator his intention to di­ (1) Disposed of in the form of a fluid butterfat, respectively, in other source vert such milk, the proposed date or dates milk product (including those reconsti­ milk assigned pursuant to § 1130.12(b) of such diversion, and the plant to which tuted) except those fluid milk products (2); and such milk is to be diverted. classified pursuant to subparagraphs (2), (9) In shrinkage of skim milk and § 1130.33 Records and facilities. (3), and (4) of paragraph (c) of this butterfat, respectively, resulting from section; Each handler shall maintain and make milk for which a cooperative association (2) In inventory of fluid milk products is the handler pursuant to § 1130.12 (c) available to the market administrator or in packaged form on hand at the end to his representative during the usual or (d) not being delivered to pool plants of the month; and and nonpool plants, but not in excess of hours of business such accounts and rec­ (3) Not specifically accounted for as ords of his operations and such facilities one-half percent of the quantity received Class II milk or as Class III milk; from producers, exclusive of receipts for as are necessary for the market adminis­ (b) Class II milk. Class II milk shall be trator to verify or establish the correct which farm weights are used as the basis all skim milk and butterfat used to pro­ of receipt at the plant to which delivered. data with respect to: duce or added to cottage cheese and cot­ (a) The receipts and utilization of all tage cheese curd, except as classified pur­ §1130.42 Assignment o f shrinkage. skim milk and butterfat handled in any suant to subparagraphs (2) and (3) of The market administrator shall pro­ form; paragraph (c) of this section; and rate the total shrinkage of skim milk and (b) The weights and tests for butter- (c) Class III milk. Class IILmilk shall butterfat, respectively, computed at each fat and other content of all milk, skim be all skim milk and butterfat: pool plant between the following: milk cream, and other-milk products (1) Used to produce any product other (a) Skim milk and butterfat in handled; than a fluid milk product or cottage amounts, respectively, equal to 50 times (c) The pounds of skim milk and but­ Cll66S6 * the maximum quantities that may be terfat contained in or represented by all (2) In fluid milk products or cottage computed pursuant to § 1130.41(c) (7) ; milk, skim milk, cream, and milk prod­ cheese disposed of for livestock feed; and ucts on hand at the beginning and end (3) In fluid milk products or cottage (b) The skim milk and butterfat, re­ of each month; and cheese dumped after notification to and spectively, in other source milk received (d) Payments to producers and co­ as bulk fluid milk products, exclusive of operative associations including any der opportunity for verification as may be requested by the market administrator; the other source milk specified in § 1130.- ductions authorized by producers and 41(c)(7). disbursement of money so deducted. (4) Disposed of in fluid milk products in bulk form to any commercial food § 1130.43- Responsibility of handlers § 1130.34 Retention of records. processing establishment for use in food and reclassification of milk. products prepared for consumption off All books and records required under (a) All skim milk and butterfat to be this part to be made available to the the premises; classified pursuant to this part shall be market administrator shall be retained (5) Contained in any fluid milk prod­ uct which has been fortified with addi­ classified as Class I milk unless the han­ by the handler for a period of 3 years to dler who first receives such skim milk and begin at the end of the month to which tional milk solids not fat which is in butterfat establishes to the satisfaction such books and records pertain: Pro­ excess of the pounds classified as Class I milk pursuant to paragraph (a) (1) of of the market administrator that it vided, That if, within such 3-year period, should be classified otherwise. With re­ the market administrator notifies the this section; spect to milk received for delivery to a handler in writing that the retention of (6) In inventory of bulk fluid, milk pool plant by a cooperative association such books and records, or of specified products on hand at the end of the handler pursuant to § 1130.12(d) , the op­ books and records, is necessary in connec­ month; erator of the pool plant shall have the tion with a proceeding under section 8c (7) In actual shrinkage at each plant burden of proving the classification oi (15) (A) of the Act of a court action but not in excess of the following limita­ the skim milk and butterfat defined in specified in such notice the handler shall tions: § 1130.14(a) (2); retain such books and records, until fur­ (i) Two percent of receipts directly (b) Milk received by a handler pursu­ ther written notification from the market from producers; plus ant to § 1130.12(d) shall be classified ac­ administrator. In either case, the mar­ (ii) 1.5 percent of receipts from a co­ cording to use or disposition at the re­ ket administrator shall give further writ­ operative association handler pursuant ceiving plant and the value thereof ten notification to the handler promptly to § 1130.12(d), except that if the class prices shall be included in the re­ handler operating the pool plant files no­ upon the termination of the litigation or ceiving handler’s net obligation pursu­ tice with the market administrator that ant to § 1130.70; and ,, when the records are no longer necessary he is accounting for such milk on the (c) Any skim milk or butterfat sha in connection therewith. basis of farm weights determined by the be reclassified if verification by the § 1130.40 Basis o f classification. cooperative association the applicable ket administrator discloses the origin percentage shall be 2 percent; plus classification was incorrect. The skim milk and butterfat which (iii) 1.5 percent of bulk fluid milk § 1130.44 Transfers. are required to be reported pursuant to products (except cream) received from § 1130.30 shall be classified by the market other pool plants; plus Skim milk or butterfat shall be administrator, subject to the provisions (iv) 1.5 percent of bulk fluid milk classified: . of §§ 1130.41 through 1130.45, inclusive. products received from other order (a) At the utilization indicated by tne If any of the water contained in the milk plants, exclusive of the quantity for operators of both plants, otherwise which Class I utilization was requested Class I milk, if transferred in the ionn from which a product is made has been of fluid milk products from a p o o l P ^ n removed, before'it is utiilzed or disposed by the handlers; plus (v) 1.5 percent of bulk fluid milk prod­ to another pool plant subject to tne of by the handler, the pounds of skim ucts received from unregulated supply lowing conditions: milk disposed of in such product shall plants, exclusive of the quantity for (1) The skim milk or butterfat so as­ be considered to be an amount equivalent which Class I utilization was requested by signed to any class shall be limited“ to the nonfat milk solids contained in the handler; less the amount thereof remaining in class in the transferee plant after ^ . such product, plus all the water originally (vi) 1.5 percent of bulk fluid milk putations pursuant to § 1130.46 associated with such solids. products (except cream) disposed of to

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 PROPOSED RULE MAKING 11087

and the corresponding step of § 1130.46 market administrator determines con­ fluid milk products shall be classified as (b); stitute regular source of supply for such Class I milk, and milk allocated to (2) If the transferor plant received nonpool plant; another class shall be classified as during the month other source milk to (iii) ClaSs I milk utilization in excess Class m milk; and be allocated pursuant to § 1130.46(a) (4) of that assigned pursuant to subdivisions (6) If the fprm in which any fluid and the corresponding step of § 1130.46 (i) and (ii) of this, subparagraph shall milk product is transferred to an other (b), the skim milk and butterfat sd be assigned first to remaining receipts order plant is not defined as a fluid milk transferred shall be classified so as to from dairy farmers who the market ad­ product under such other order, classi­ allocate the least possible Class I (then ministrator determines constitute the fication shall be in accordance with the Class II) utilization to such other source regular source of supply for such non­ provisions of § 1130.41. milk; and pool plant and Class I milk utilization in (3) If the handler transferring to the excess of such receipts shall be assigned § 1130.45 Computation o f the skim milk pool plant of another handler received pro rata to unassigned receipts at such and butterfat in each class. during the montH other source milk to nonpool plant from all pool and other (a) For each month the market ad­ be allocated pursuant to § 1130.46(a) (8) order plants; and ministrator shall correct for mathe­ or (9) and the corresponding steps of (iv) To the extent that Class I milk matical and other obvious errors the § 1130.46(b), the skim milk and butter- utilization is not so assigned to it, the reports of receipts and utilization sub­ fat so transferred up to the total of such skim milk and butterfat so transferred mitted pursuant to § 1130.30 for eachVool receipts shall not be classified as Class or diverted shall be classified as Class n plant of each handler, and compute the I (or Class II) milk to a greater extent milk to the extent of such uses at the pounds of skim milk and butterfat in than would be applicable to a like quan­ plant and then as Class i n milk; each class for such plant; tity of such other source milk received (d) On the basis of the conditions and (b) If no fluid milk products to be at the transferee plant: the allocation procedure described in assigned pursuant to § 1130.46(a) (8) or (b) As Class I milk, if transferred in paragraph (e) of this section at a second (9) were received at any of his pool the form of fluid milk products from a nonpool plant, that is neither an other plants, allocations pursuant to § 1130.46 pool plant to a producer-handler; r order plant, nor a producer-handler and computation of obligations pursuant (c) As Class I milk, if transferred or plant, when transferred or diverted from to § 1130.70 shall be made separately for diverted in the form of bulk milk, skim the pool plant as milk or skim milk in each pool plant of a handler with two or milk, or cream to a nonpool plant that bulk to a nonpool plant that is neither more pool plants; is not an other order plant or a plant an other order plant nor a producer- (c) Unless the conditions specified in of a producer-handler, unless the re­ handler plant, and from which all re­ paragraph (b) of this section apply, the quirements of subparagraphs (1) and (2) ceipts of milk or skim milk are moved in market administrator shall combine the of this paragraph are met, in which case bulk to such second nonpool plant for receipts and utilization (exclusive of the skim milk and butterfat so trans­ further processing; utilization based upon movements be­ ferred shall be classified in accordance (e) As follows, if transferred or divert­ tween such plants) at ail pool plants of with the assignment resulting from sub- ed to an other order plant in excess of such handler for purposes of allocation paragraph (3) of this paragraph: receipts from such plant in the same pursuant to § 1130.46 and computation (1) The transferring or diverting han­ category as described in subparagraph of obligation pursuant to § 1130.70; and dler claims classification pursuant to (1), (2), or (3) of this paragraph: (d) The market administrator shall the assignment set forth in subpara­ (1) If transferred in packaged form, determine the classification, allocation graph (3) of this paragraph in his report classification shall be in the classes to and pool obligation with respect to pro­ submitted to the market administrator which allocated as a fluid milk product ducer milk for which a cooperative asso­ pursuant to § 1130.30 for the month under the other order; ciation is accountable pursuant to within which such transaction occurred; (2) If transferred in bulk form, class­ § 1130.12 (c) and (d) separately from (2) The operator of such- nonpool ification shall be in Class I if allocated as the operations of any pool plant oper­ P ant maintains books and records show­ a fluid milk product to Class I under the ated by such cooperative association. The ing the utilization of all skim milk and other order, in Class n if allocated to pounds of skim milk and butterfat so Dutterfat received at such plant which Class II under an order which provides determined in each class shall be used are made available if requested by the three classes and in Class III if allocated for computation pursuant to § 1130.46(c). market administrator for the purpose of to Class i n under the other order or if § 1130.46 Allocation of skim milk and verification; and allocated to Class n under an order butterfat classified. C3> -aaii» Skim milk and butterfat so which provides only two classes (in­ ^ or diverted shall be classified cluding allocation under the conditions After making the computatiohs pursu­ the basis of the following assignment set forth in subparagraph (3) of this ant to § 1130.45, the market administra­ T 1® at 811011 nonpool plant in paragraph); tor shall determine the classification of producer milk for each handler (or pool nSSf5 5eceipts of Packaged fluid milk (3) If the operators of both the trans­ feror and transferee plants so request in plant, if applicable) as follows: aU 5001 plants and other the reports of receipts and utilization (a) Skim milk shall be allocated in the following manner: Class I milk utilization dis filed with their respective market ad-x and thereafter t( only two classes of utilization, milk allo­ I milk the pounds of skim milk in inven­ ceipts from dairy farmers who the cated to a class consisting primarily of tory of fluid milk products in packaged

FEDERAL REGISTER, VOL, 33, NO. 151— SATURDAY, AUGUST 3, 1968 11088 PROPOSED RULE MAKING Jorm on hand at the beginning of the utilization of skim milk of the handler; content of such milk is above 3.5 percent, or subtracted for each one-tenth of 1 month; and (4) Subtract in the order specified be­ (ii) From Class I milk, the remaining percent that such average butterfat con­ low from the pounds of skim milk re­ pounds of such receipts; tent is below 3.5 percent an amount equal maining in each class in series beginning (10) Subtract from the pounds of to the butterfat differential computed by with Class III milk, the pounds of skim skim milk remaining in each class the multiplying the butter price for the ap­ milk in each of the following: pounds of skim milk received in fluid propriate month by the applicable factor (i) Other source milk in a form other milk products from other' handlers (or listed below and rounding to the nearest than that of a fluid milk product; other pool plants, if applicable) accord­ one-tenth cent: (ii) Receipts of fluid milk products for ing to the classification assigned pur­ (a) Class I milk. Multiply the Chicago which Gjade A certification is not estab­ suant to § 1130.44(a); and butter price for the preceding month by lished, or which are from unidentified (11) If the pounds of skim milk re­ 0.120; and (b) Class II milk. Multiply the Chi­ sources; and maining in both classes exceed the (iii) Receipts of fluid milk products pounds of skim milk in producer milk, cago butter price for the current month from a producer-handler as defined subtract such excess from the pounds by 0.110; and under this or any other Federal order. of skim milk remaining in each class in (c) Class III milk. Multiply the Chi­ (5) Subtract, in the order specified series beginning with Class III milk. cago butter price for the current month below, from the pounds of skiih milk re­ Any amount so subtracted shall be by 0.110. maining in Class II or Class III milk but known as “overage” ; § 1130.53 Location differential to han­ not in excess of such quantity; (b) Butterfat shall be allocated in ac­ dlers. (i) The pounds of skim milk in receipts cordance with the procedure outlined for skim milk in paragraph (a) of this (a) For milk which is received from of fluid milk products from an unregu­ producers or a cooperative association at lated supply plant; section; and (c) Combine the amounts of skim a pool plant located more than 80 miles, (a) For which the handler requests but not more than 150 miles from the Class II or Class III milk utilization; or milk and butterfat determined pursuant to paragraphs (a) and (b) of this sec­ city hall in Mercedes, Tex., by the (b) Which are in excess of the pounds shortest hard-surfaced highway distance of skim milk determined by multiplying tion and § 1130.45(d) for each class and determine the weighted average butter­ as determined by the market admin­ the pounds of skim milk remaining in istrator, and which is classified as Class Class I milk by 1.25 and subtracting the fat content of producer milk in each class. I milk, the price specified in § 1130.51(a) sum of the pounds of skim milk in pro­ shall be reduced 9 cents per hundred­ ducer milk, receipts from other pool § 1130.51 Class prices. weight and for milk which is received plants and receipts in bulk from other Subject to the provisions of §§ 1130.52 from producers or a cooperative associa­ order plants; and tion at a pool plant located more than (ii) Receipts of fluid milk products in and 1130.53, the minimum prices per hundredweight to be paid by each 150 miles from the city hall in Mercedes, bulk from an other order plant in excess Tex., by the shortest hard-surfaced high­ uf similar transfers to such plant, if Class handler for milk received at his pool plant from producers during the month way distance as determined by the II or Class III milk utilization was re­ market administrator, and which is quested by the operator of such plant and shall be as follows; (a) Class I price. The Class I milk classified as Class I milk, the price the handler; specified in § 1130.51(a) shall be reduced (6) Subtract from the pounds of skim price shall be the price for Class I milk established under Part 1126 (North, one-cent per hundredweight for each ten milk remaining in each class, in series miles distance or fraction thereof that beginning with Class III milk, the pounds Texas) of this chapter plus 75 cents. (b) Class II price. The Class II milk such plant is from the city hall in Mer­ of skim milk in inventory of bulk fluid cedes, Tex. milk products (and for the first month price shall be the Class III milk price for the order is effective the pounds of fluid the month plus 25 cents. (b) For purposes of calculating such milk products in packaged form) on (c) Class III price. The Class III milk location adjustments, transfers between hand at the beginning of the month; price shall be the price computed pursu­ pool plants shall be assigned Class I dis­ (7) Add to the remaining pounds of ant to subparagraph (1) of this para­ position at the transferee plant, in excess skim milk in Class HI milk the pounds graph except that for the months of of the sum of 95 percent of receipts at subtracted pursuant to subparagraph March, April, May, and June, 12 cents such plant from producers and coopera­ (1) of this paragraph; shall be deducted from such price: tive associations pursuant to § 1130.12 (8) Subtract from the pounds of skim (1) The sum of the plus values of sub­ (d), plus the pounds assigned as Class I milk remaining in each class, pro rata divisions (i) and (ii) of this subpara­ to receipts from other order plants and to such quantities, the pounds of skim graph, less five times the butterfat unregulated supply plants, such assign­ milk in receipts of fluid milk products differential computed pursuant to ment to be made first to transferor from unregulated supply plants which § 1130.52(c): plants having the same Class I price, and were not subtracted pursuant to sub- (i) Subtract 3 cents from the Chicago then in sequence to plants having a lower paragraph (5) (i) of this paragraph; butter price, add 20 percent thereof; and Class I price, beginning with the plant at (9) Subtract from the pounds of skim multiply by 4; and which the highest Class I price would milk remaining in each class, in the (ii) From the. weighted average of car- apply. following order, the pounds of skim milk lot prices per pound for nonfat dry milk, § 1130.54 Use of equivalent prices. in receipts of fluid milk products in bulk spray process, for human consumption, f.o.b. manufacturing plants in the Chi­ If for any reason a price quotation from an other order plant(s), in excess required by this order for computing class in each case of similar transfers to the cago area, as published for the period from the 26th day of the preceding prices or for any other purpose is not same plant, which were not subtracted available in the manner described, the pursuant to subparagraph (5) (ii) of this month through the 25th day of the cur­ rent month by the Department of Agri­ market administrator shall use a price paragraph: 4 determined by the Secretary to be equiv­ (i) In series beginning with Class III culture deduct 5.5 cents and multiply by 8.16. alent*!» the price which is required. milk, the pounds determined by multi­ § 1130.60 Plants subject to other Fed­ plying the pounds of such receipts by the § 1130.52 Butterfat differentials to han­ dlers. eral orders. larger of the percentage of estimated The provisions of this part shall not Class II and Class III utilization of skim If the average butterfat content of the milk of any handler allocated to any apply with respect to the operation o milk announced for the month by the class pursuant to § 1130.46 is more or any plant specified in paragraph market administrator pursuant to less than 3.5 percent, there shall be added (b), or (c) of this section except that tne § 1130.22 (m) or the percentage that to the respective class price, computed operator shall, with respect to total Class II and Class III milk utilization pursuant to § 1130.51, for each one-tenth receipts of skim milk and butterfat remaining is of the total remaining of 1 percent that the average buitterfat such plant, make reports to the marke

FEDERAL REGISTER, VOL. 33, NO. 151— -SATURDAY, AUGUST 3, 1968 PROPOSED RULE MAKING 11089 administrator at such time and in such pool plant or other order plant and be manner as the market administrator to § 1130.46(c), by the applicable class valued at the uniform price of the respec­ prices (adjusted pursuant to §§ 1130.52 may require and allow verification of tive order if so allocated to Class I milk. and 1130.53); such reports by the market admin­ There shall be Included in the obligation (b) Add the amount obtained from istrator. so computed a charge in the amount (a) A plant meeting the requirements multiplying the pounds of overage de­ specified in~§ 1130.70(e) and a credit ducted from each class pursuant to of § 1130.10(a) which also meets the computed at the uniform price with re­ pooling requirements of another Federal § 1130.46(a) (11) and the corresponding spect to receipts from an unregulated step of § 1130.46(b) by the applicable order and from which, the Secretary supply plant, unless an obligation with class prices; determines, a greater quantity of Class respect to such plant is computed as I milk is disposed of during the month (c) Add the amount obtained from specified in subdivision (ii) of this multiplying the difference between the on routes in such other Federal order subparagraph. marketing area than was disposed of on Class III price for the preceding month (ii) If the operator of .the partially and the Class I price for the current routes in this marketing area, except regulated distributing plant so requests, that if such plant was subject to all the month by the hundredweight of skim and provides with his reports pursuant milk and butterfat subtracted from Class provisions of this part in the immediately to §§ 1130.30 and 1130.31 similar reports preceding month, it shall continue to be I pursuant to § 1130.46(a) (6) and the with respect to the operations of any corresponding step of § 1130.46(b); subject to all the provisions of this part other nonpool plant which serves as a until the third consecutive month in (d) Add an amount equal to the dif­ supply plant for such partially regulated ference between the value at the Class I which a greater proportion of its Class distributing plants by shipments to such I disposition is made in such other mar­ price applicable at the pool plant and the plant during the month equivalent to the value at the Class III price, with respect keting area unless notwithstanding the requirements of § 1130.9, with agreement provisions of this paragraph, it is to skim milk and butterfat in other of the operator of such plant for pur­ source milk subtracted from Class I pur­ regulated under such other order. poses of verification of such reports, V (b) A plant meeting the requirements suant to § 1130.46(a)(4) and the cor­ there will be added the amount of the responding step of § 1130.46(b); of § 1130.10(a) which also meets the obligation computed at such nonpool pooling requirements of another Federal (e) Add an amount equal to the value supply plant in the same manner and at the Class I price, adjusted for loca­ order on the basis of distribution in such subject to the same conditions as for the other marketing area and from which tion of the nearest nonpool plant(s) from partially regulated distributing plant. which an equivalent volume was re­ the Secretary determines a greater quan­ (2) From this obligation there will be tity of Class I milk is disposed of during ceived with respect to skim milk and deducted the sum of (i) the gross pay­ butterfat subtracted from Class I pur­ the month on routes in this marketing ments made by such handler for Grade area than is so disposed of in such other suant to § 1130.46(a) (8) and the cor­ A milk received during the month from responding step of § 1130.46(b); and marketing area but which plant is, never­ dairy farmers at such plant and like theless, fully regulated under such other payments made by the operator of a (f) Add an amount determined by Federal order. supply plant(s) included in the compu­ multiplying the difference between the ic], ^ plant meeting the requirements tations pursuant to subparagraph (1) of Class I price for the preceding month of § 1130.10(b) which also meets the pool­ this paragraph, and (ii) any payments to and the Class I price for the current ing requirements of another Federal the producer-settlement fund of another month by the hundredweight of skim order and from which greater qualifying order under which such plant is also a milk and butterfat subtracted from Class shipments are made during the month to partially regulated distributing plant. I pursuant to § 1130.46(a) (3) and the Plants regulated under such other order (b) An amount computed as follows: corresponding step of § 1130.46(b). If the han are made to plants regulated under (1) Determine the respective amounts Class I price for the current month is less tnis part, except during the months Jan­ of skim milk and butterfat disposed of than the Class I price for the preceding uary through August, if such plant re- as Class I milk on routes in the market­ month, the result shall be a minus lams automatic pooling status under this ing area; amount. part. (2) Deduct the respective amounts of § 1130.71 Computation o f aggregate § 1130.61 Obligation o f handler operat- skim milk and butterfat received as Class value used to determine uniform “ Hn® Parl*ally regulated distributing I milk at the partially regulated dis­ price. tributing plant from pool plants and For each month the market adminis­ other order plants, except that deducted r-o S fi handler who operates a partially trator shall compute an aggregate value regufiited distributing plant shall pay to under a similar provision of another from which to determine the uniform order issued pursuant to the Act; mejnarket administrator for the pro- price per hundredweight for milk of 3.5 (3) Combine the amounts of .skim percent butterfat content as follows: 9qH?r^Settlement fund 0n or before the milk and butterfat remaining into one S w ai ^ fter the end of the month total and détermine the weighted aver­ (a) Combine into one total the values the, a?iounts (at the handler’s age butterfat content; and computed pursuant to § 1130.70 for all calculated Pursuant to para- handlers who made the reports pre­ (4) From the value of such milk at scribed in § 1130.30 and who made the °f (b) of this section. If the the Class I price applicable at the loca­ §5 ! » * « ■ , ! ° report Pursuant to tion of the nonpool plant, subtract its payments pursuant to § 1130.80 for the nece«5«!Q^0 +and 1130 31 the information preceding months; fieri ir. ^ k° comPute the amount speci- value at the uniform price applicable at such location (not to be less than the (b) Add not less than one-fourth of sh?n T.oaral raph (-a) of this section, he Class i n price). the unobligated cash balance on hand in suant y ^he amount computed pur- the producer-settlement fund; (ni - a* paragraPh (b) of this section: § 1130.62 Producer-handler. (c) Subtract, if the average butterfat n i m computed as follows: Sections 1130.40 through 1130.46, content of the milk specified in § 1130.72 been ^m JPiei )bligation that would have 1130.51 through 1130.54, 1130.70 through (a) is greater than 3.5 percent or add, if sueh U^ed Pursuant to § 1130.70 at 1130.72 and 1130.80 through 1130.89 shall such average butterfat content is less such o w Sha11 be determined as though not apply to a producer-handler. than 3.5 percent, an amount computed SSL:^ r l WKre a 15001 plant- For Pur- by multiplying the amount by which the such nnmvv!? computation, receipts at § 1130.70 Computation of the net pool obligation o f each pool handler. average butterfat content of such milk an otherPPPri plai^t from a pool plant or varies from 3.5 percent by the butterfat to the plapt sha11 be assigned The net pool obligation of each pool differential computed pursuant to the p L i n W ion at which classified at handler (at each pool plant, Jf appli­ § 1130.81 and multiplying the resulting transfprc:PJant or other order Plant and cable) during each month shall be a sum figure by the total hundredweight of Pool plant ro°rmQ SUCb nonp001 Plant to a of money computed by the market ad­ such milk; and be cla^io i °ther order plant shaH ministrator as follows: (d) Add the aggregate of the values of milk if «ped T Class n (or Class m > (a) Multiply the quantity of producer the minus location differentials pursuant f allocated to such classes at the milk in each class, as computed pursuant to § 1130.82.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11090 PROPOSED RULE MAKING

§ 1130.72 Computation of uniform month, at not less than the amount § 1130.85 Payments out o f the producer- price. specified in paragraph (b) of this sec­ settlement fund. For each month the market adminis­ tion; and On or before the 14th day after the (2) On or before the 13th day of the end of each month the market adminis­ trator shall compute the uniform price following month, in final' settlement, the per hundredweight applicable for milk of trator shall pay to each handler the value of such milk received during the amount, if any, by which the amount 3.5 percent butterfat content at pool month, at the applicable uniform price, plants at which no location differential computed pursuant to § 1130.84(b) ex­ less the amount of payment made pur­ ceeds the amount computed pursuant to applies as follows: suant to subparagraph (1) of this para­ (a) Divide the aggregate value com­ § 1130.84(a). If the balance in the pro­ graph. ducer-settlement fund is insufficient to puted pursuant to § 1130.71 by the sum (e) On or before the 13th day after of the following for all handlers included make all payments pursuant to this the end of the month, for milk received paragraph, the market administrator in these computations: from the pool plant of a cooperative as­ (1) The total hundredweight of pro­ shall reduce uniformly such payments sociation, to such cooperative association and shall complete such payments as ducer milk; and not less than the value of such milk soon as the necessary funds are avail­ (2) The total hundredweight for at the applicable price (s) for the which a value is computed pursuant to able. Any amount due a handler pur­ classics) at which transferred pursuant suant to this section may be reduced by § 1130.70(e); and to § 1130.44(a). the amount of any unpaid balances due (b) Subtract not less than 4 cents nor the market administrator from such more than 5 cents. § 1130.81 Butterfat differentials to pro­ ducers. handler, pursuant to § 1130.84, § 1130.86, § 1130.80 Time and method of payment. § 1130.87, or § 1130.88. In making payments to producers pur­ Each handler shall make payment as suant to § 1130.80 (a) or (c), the uniform §1130.86 Adjustment of accounts. follows: price shall be increased or decreased for (a) Payments. Whenever verification (a) On or before the 15th day after each one-tenth of 1 percent which the by the market administrator of any han­ the end of the month during which the butterfat content of his milk is above or dler’s reports, books, records, accounts, milk was received, to each producer for below 3.5 percent, respectively, by a but­ or payments discloses errors resulting whom payment is not made pursuant to terfat differential equal to the average in money due: paragraph (c) of this section, at not less of the butterfat differentials determined (1) The market administrator from than the uniform price for such month pursuant to paragraphs (a ), (b), and (c) such handler; computed pursuant to § 1130.72, ad­ of § 1130.52, weighted by the pounds of (2) Such handler from the market justed by the butterfat differential com­ butterfat in producer milk in each class administrator; or puted pursuant to § 1130.81 and the loca­ and the result rounded to the nearest (3) Any producer or cooperative as-, tion differential computed pursuant to tenth of a cent. sociation from such handler, the mar­ § 1130.82 and less the amount of pay­ ket administrator shall promptly notify ment made pursuant to paragraph (b) § 1130.82 Location adjustments to pro­ ducers. such handler of any amount so due and of this section. If by such date such payment thereof shall be made on or handler has not received full payment In making payments pursuant to before the next date for making pay­ for such month pursuant to § 1130.85, he § 1130.80 (a) or (c), the uniform price ments set forth in the provisions under may reduce his total payments to all computed pursuant to § 1130.72 to be paid which such error occurred. producers uniformly by not more than for "such milk received at a pool plant (b) Overdue accounts. Any unpaid ob­ the amount of reduction in payments at which a location differential pursuant ligation of a handler or of the market from the market administrator. He to § 1130.53 applies may be reduced by administrator pursuant to § 1130.84, shall, however, complete such payments the amount of such location adjustments. § 1130.85, § 1130.87, § 1130.88, or para­ pursuant to this paragraph not later § 1130.83 Producer-settlement fund. graph (a) of this section shall be in­ than the date for making such payments creased one-half of 1 percent on the first next following receipt of the balance The market administrator shall estab­ day of the calendar month next follow­ from the market administrator. lish and maintain a separate fund known ing the due date of such obligation and, (b) On or before the 25th day of each as the “producer-settlement fund”, into on the first day of each calendar month month, to each producer (1) for whom which he shall deposit all payments made thereafter until such obligation is paid. payment is not made pursuant to para­ by handlers pursuant to §§ 1130.61, graph (c) of this section, and (2) who 1130.84, and 1130.86, and out of which he § 1130.87 Marketing services. has not discontinued delivery of milk shall make all payments to handlers pur­ (a) Except as set forth in paragraph to such handler, a partial payment for suant to §§ 1130.85 and 1130.86. (b) of this section, each handler, » milk received from such producer dur­ § 1130.84 Payments to the producer- making payments to producers for muK ing the first 15 days of such month com­ settlement fund. (other than milk of his own production) puted at not less than the Class HI price On or before the 13 th day after the pursuant to § 1130.80, shall deduct for 3.5 percent milk of the preceding end of the month each handler shall pay cents per hundredweight, or such amount month, without deduction for hauling. to the market administrator the amount, not exceeding 6 cents per hundredweight, (c) On or before the 13th and 23d days if any, by which the total amounts speci­ as may be prescribed by the Secretary, of each month, in lieu of payments pur­ fied in paragraph (a) of this section ex­ and—shall pay such deductions to tne suant to paragraphs (a) and (b) of this ceed the amounts specified in paragraph market administrator on or before tne section, respectively, to a cooperative (b) of this section: 15th day after the end of the month, bue association which, so requests, with re­ (a) The total of the net pool obliga­ money shall be used by the market a - spect to producers for whose milk such tion computed pursuant to § 1130.70 for ministrator to provide market informa­ cooperative association is authorized to such handler; tion and to check 'the accuracy ot tne collect payments, an amount equal to (b) The sum of: testing and weighing of milk from Pro­ the sum of the individual payments (1) The value of such handler’s pro­ ducers who are not receiving such servi otherwise payable to such producers. ducer milk at the applicable uniform from a cooperative association; and Such payment shall be accompanied by price computed pursuant to § 1130.72, (b) In the case of producers who are a statement showing for each producer and members of a cooperative association the items required to be reported pur­ (2) The value at the uniform price ap­ which the Secretary has determined is suant to § 1130.31. plicable at the location of the plant(s), actually performing the services se (d) As follows, to each cooperative from which received (not to be less than forth in paragraph (a) of this section* association for milk for which it is the the value of the Class III price) with re­ each handler shall make, in lieu of t e handler pursuant to § 1130.12(d): spect to other source milk for which a deductions from the payments to (1) On or before the 23d day of the made to such producers as may be au month, a partial payment for milk re­ value is computed pursuant to § 1130.70 ceived during the first 15 days of such (e). thorized by the membership agreem ent

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 PROPOSED RULE MAKING 11091

or marketing contract between such co­ market administrator or his representa­ exceed the amounts required to pay out­ operative i association and such producers, tives. standing obligations of. the office of the and on or before the 15th day after the (c) Notwithstanding the provisions of market administrator and to pay neces­ end of each month pay such deductions paragraphs (a) and (b) of this section, sary expenses of liquidation and distri­ to the cooperative association of which a handler’s obligation under this part bution, such excess shall be distributed such producers are members, furnishing to pay money shall not be terminated to contributing handlers and producers a statement showing the amount of any with respect to any transaction involv­ in an equitable manner. such deductions and the amount of milk ing fraud or willful concealment of a Proposed by Hygeia Dairy Company, for which such deduction was computed fact material to the obligation, on the Harlingen, Tex.: for each producer. part shall terminate 2 years after the Proposal No. 2. Revise § 1130.8 to read: obligation is sought to be imposed. § 1130.88 Expense o f administration. § 1130.8 Handler. As his pro rata share of the expense (d) Any obligation on the part of the ' market administrator to pay a handler “Handler” means any person in his of administration of the order, each capacity as the operator of one or more handler shall pay to the market admin­ any money which such handler claims to be due him under the , terms of this pool plants, and any person in his capac­ istrator on or before the 13th day after ity as the operator of a nonpool plant the raid of the month 5 cents per hun­ part shall terminate 2 years after the end of the calendar month during which from which Class I milk is disposed of dredweight, or such lesser amount as the on routes in the marketing area. Secretary may prescribe, with respect to : the milk involved in the claim was re­ ceived if an underpayment is claimed or Proposal No. 3. Revise § 1130.9(b) to (a) Producer milk (including that read: pursuant to § 1130.14(a) (2) and such 2 years after the end of the calendar handler’s own production) ; month during which the payment (in­ § 1130.9 Producer-handler. (b) Other source ihilk allocated to cluding deduction or setoff by the mar­ * - * * * * Class I pursuant to § 1130.46(a) (4) and ket administrator) was made by the (b) Receives no milk from other dairy (8) and the corresponding steps of handler if a refund on such payment is farmers and disposes of no other source § 1130.46(b); and claimed, unless such handler, within the milk (except that represented by nonfat (c) Class I milk disposed of from a applicable period of time, files, pursuant solids used in the fortification of fluid partially regulated distributing plant on to section 8c(15) (A) of the Act, a peti­ milk products) as Class I; and tion claiming such money. routes in the marketing area that ex­ ***** ceeds Class I milk received during the § 1130.90 Effective lime. month at such plant from pool plants Proposal No. 4. Revise § 1130.15 to and other order plants. The provisions of this part or any read: amendment hereto shall become effec­ §1130.15 Nonpool plant. § 1130.89 Termination o f obligation. tive at such time as the Secretary may The provisions of this section shall declare and shall continue in force until “Nonpool plant” means any milk re­ apply to any obligation under this part suspended or terminated pursuant to ceiving, manufacturing, processing, or for the payment of money. § 1130.91. packaging plant other than a pool plant. Proposal No. 5. Revise § 1130.61, Plants (a) The obligation of any handler to § 1130.91 Suspension or termination. pay money required to be paid under the subject to other Federal orders, by terms of this part shall, except as pro­ The Secretary may suspend or termi­ changing the semicolon at the end of vided in paragraphs (b) and (c) of this nate this subpart or any provision of this paragraph (a) to a comma, and adding section, terminate 2 years after the last part whenever he finds this part or any the following: “except that if such plant day of the calendar month during which provision hereof obstructs or does not was subject to all of the provisions of the market administrator receives the tend to( effectuate the declared policy this part in the immediately preceding handler’s utilization report on the milk of the Act. This part shall terminate in month, it shall continue to be subject to involved in such obligation, unless any event whenever the provisions of all of the provisions of this part until within such 2-year period the market the Act authorizing it cease to be in the third consecutive month in which administrator notifies the handler in effect. a greater proportion of its Class I route that such money is due and pay- disposition is made in such other mar­ § 1130.92 Actions after suspension or keting area unless notwithstanding the aoie. Service of such notice shall be com­ termination. plete upon mailing to the handler’s last provisions of this paragraph it is fully Known address, and it shall contain but If, upon the suspension or termination regulated under such .other order.” ke limited to, the following of any or all provisions of this part, Proposal No. 6. Any provision in the information: there are any obligations thereunder, order for the computation of the net pool The amount of the obligation; the final accrual or ascertainment of obligation of each pool handler should ™ni i r e month(s) during which the which requires further acts by any per­ contain substantially the following lan­ nuik with respect to which the obligation son (including the market administra­ guage: “in determining the net pool obli­ W f » was received or handled; and tor), such further acts shall be per­ gation of any handler for producer milk, r obligation is payable to the formed notwithstanding such suspension there shall be subtracted pro rata out ^ f i et.^ dministrator, the account for or termination. of each class from the milk involved in which it is to be paid. the pool the quantity of milk received § 1130.92 Liquidation. from the handler’s own farm.” a ilan^ er fails or refuses, with Upon the suspension or termination of Proposed by the Dairy Division, Con­ I, i any obligation under this part, the provisions of this part, except this sumer and Marketing Service: 4.T,Q1ila^e available to the market adminis- section, the market administrator, or irator or his representatives all books Proposal No. 7. Make such changes as such other liquidating agent as the Sec­ may be necessary to make the entire aim records^equired by this part to be retary may designate, shall, if so directed tnr ™ avai^able, the market administra- marketing agreement and the order con­ by the Secretary, liquidate the business of form with any amendments thereto that virip.iffy’ .within the 2-year period pro- the market administrator’s office, dis­ may result from this hearing. ‘lu Paragraph (a) of this section, pose of all property in his possession or Copies of this notice of hearing and f a i w the handier in writing of such control, including accounts receivable, .e °r refusa^ ff the market admin- the order may be procured from the and execute and deliver all assignments Market Administrator, M. C. Jenkins, strator so notifies a handler, the said or other instruments necessary or appro­ l i ^ P™ with resPect to such ob- Post Office Box 12-506, San Antonio, Tex. priate to effectuate any such disposition. 78212, or from the Hearing Clerk, Room f ir i i shalJ not begin to run until the If a .liquidating agent is so designated, of *5? calendar month follow- all assets, books, and records of the mar­ 112-A, Administration Building, U.S. bonkc o ^ 0nth during which all such ket administrator shall be transferred Department of Agriculture, Washing­ o b W w ? records Pertaining to such promptly to such liquidating agent. If, ton, D.C. 20250 or may be there in­ obligation are made available to the upon such liquidation, the funds on hand spected.

No. 151——g FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11092 PROPOSED RULE MAKING Signed at Washington, D.C., on July (h) For registration of an attorney, agent, or firm : 31, 1968. For admission to examination for G. R. G range, registration to practice, fee pay­ Acting Deputy Administrator, able upon application------$35.00 Regulatory Programs. On registration to practice------25. 00 [F.R. Doc. 68-9332; Filed, Aug. 2, 1968; On application for registration of 8:49 a.m.] a firm______25.00 (i) For certificate of good standing as an attorney or agent------5.00 ***** The purpose of the proposed revision DEPARTMENT OF COMMERCE is to enable the Patent Office to recover a greater proportion of the expenses Patent Office incurred in rendering the identified serv­ [ 37 CFR Part 1 1 ices. All persons who desire to submit writ­ RULES OF PRACTICE IN PATENT ten data, views, arguments, or sugges­ CASES tions for consideration in connection Increase of Miscellaneous Fees and with the proposed revision are invited to forward the same to the Commissioner Charges of Patents, Washington, D.C. 20231, on Notice is hereby given that, pursuant or before September 16, 1968. An oral to the authority contained in sections 6, hearing will not be scheduled. 31, and 41 of the Act of July 19, 1952 Edward J. B renner, (66 Stat. 793, 795, 796; 35 U.S.C. 6, 31, Commissioner of Patents. 41), the U.S. Patent Office proposes to revise paragraphs (h) and (i) of § 1.21 Approved: July 25,1968. (37 CFR 1.21 (h) and (i)) to read as John F. KiNCAiD follows: Assistant Secretary for Science and Technology. § 1.21 Patent and miscellaneous fees and charges. [F.R. Doc. 68-9287; Filed, Aug. 2, 1966: ***** 8:45 a.m.]

FEDERAL REGISTER, VOL. 33, NO.I. 151— SATURDAY, AUGUST 3, 1968 11093 N otices

5. The notes will be subject to the 4. Under the Second Liberty Bond Act, DEPARTMENT OF THE TREASURY general regulations of the Treasury De­ as amended, the Secretary of the Treas­ Office of the Secretary partment, now’ or hereafter prescribed, ury has the authority to reject or reduce governing United States notes. any subscription, to allot less than the [Dept. Circular; Public Debt Series—No. III. Subscription and allotment. 1.amount of notes applied for, and to make 6- 68 ] Subscriptions accepting the offer made different percentage allotments to vari­ 5% PERCENT TREASURY NOTES by this circular will be received at the ous classes of subscribers when he deems OF SERIES B-1974 Federal Reserve Banks and Branches it to be in the public interest; and any and at the Office of the Treasurer of the action he may take in these respects shall Offering of Notes United States, Washington, D.C. 20220. be final. Subject to the exercise of that Only the Federal Reserve Banks and the authority, subscriptions will be allotted: A ugust 1,1968. Treasury Department are authorized to (i) In full if the subscription is Tor I. Offering of notes. 1. The Secretaryact as official agencies. Commercial $250,000 or less; of the Treasury, pursuant to the au­ banks, which for this purpose are de­ (ii) In full for any State, political thority of the Second Liberty Bond Act, fined as banks accepting demand de­ subdivision or instrumentality thereof, as amended, offers $5,100,000,000, or posits, may submit subscriptions for public pension and retirement and other thereabouts, of notes of the United account of customers provided the names public fund, international organization States, designated 5% percent Treasury of the customers are set forth in such in which the United States holds mem­ Notes of Series B-1974, at 99.62 percent subscriptions. Others than commercial bership, and foreign central bank and of their face value and accrued interest. banks will not be permitted to enter foreign State and such subscriber certi­ In adition to the amount offered for subscriptions except for their own ac­ fies in writing that at 4 p.m., e.d.s. time, public subscription, the Secretary of the count. Subscriptions from commercial July 31, 1968, it owned or had contracted Treasury reserves the right to allot an banks for their own account will be to purchase for value securities of the additional amount of these notes to restricted in each case to an amount not issues enumerated in paragraph 1 of sec­ Government Investment Accounts and exceeding 50 percent of the combined tion I hereof, in an aggregate amount Federal Reserve Banks. The following capital (not including capital notes or equal to or greater than the amount of securities, maturing August 15, 1968, will debentures), surplus and undivided such subscription (any such subscriber be accepted at par in payment or ex­ profits of the subscribing bank. Sub­ may enter an additional subscription change, in whole or in part, to the ex­ scriptions will be received without de­ subject to a percentage allotment); and tent subscriptions are allotted by the (iii) On a percentage basis as publicly Treasury; posit from banking institutions for their own account, federally insured savings announced* but not less than $250,000. 4& percent Treasury Notes of Series C-1968; and loan associations, States, political Allotment notices will be sent out or 3% percent Treasury Bonds of 1968. subdivisions or instrumentalities thereof, promptly upon allotment. The books will be open only on August 5, public pension and retirement and other TV. Payment. 1. Payment at 99.62 per­ 1968, for the receipt of subscriptions. public funds, international organizations cent of their face value and accrued in­ II. Description of notes. 1. The notesin which the United States holds mem­ terest, if any, for notes allotted hereunder will be dated August 15, 1968, and will bership, foreign central banks and must be-made or completed on or before bear interest from that date at the rate foreign States, and dealers who make August 15, 1968, or on later allotment. of 5% percent per annum, payable semi­ primary markets in Government securi­ Payment will not be deemed to have been annually on February 15 and August 15 ties and report daily to the Federal Re­ completed where registered notes are re­ in each year until the princpal amount serve Bank of New York their positions quested if the appropriate identifying becomes payable. They will mature with respect to Government securities number as required on tax returns and August 15, 1974, and will not be subject and borrowings thereon. Subscriptions other documents submitted, to the In­ to call for redemption prior to maturity. from all others must be accompanied by ternal Revenue Service (an individual’s payment (in cash or in securities of the . 2- income derived from the notes social security number or an employer s subject to all taxes imposed under the issues enumerated in paragraph 1 of identification number) is not furnished. section I hereof, which will be accepted internal Revenue Code of 1954. The notes In every case where full payment is not at par) of 10 percent of the amount of completed, the payment with application are subject to estate, inheritance, gift notes applied for, not subject to with­ or other excise taxes, whether Federal up to 10 percent of the amount of notes or State, but are exempt from all taxation drawal until after allotment. Registered allotted shall, upon declaration made by securities submitted as deposits should the Secretary of the Treasury in his dis­ ow or hereafter imposed on the princi- be assigned as provided in' section V nn or interest thereof by any State, or cretion, be forfeited to the United States. any 0f the possessions of the United hereof. Following allotment, any portion Payment may be made for any notes states, or by any local taxing authority. of the 10 percent payment in excess of allotted hereunder in cash or by ex­ 10 percent of the amount of notes al­ change of securities of the issues enu­ IP1? n°tes will be acceptable to lotted may be released upon the request secure deposits of public moneys. They merated in paragraph 1 of section I of the subscribers. hereof, which will be accepted at par. A taxes11^ be acceptable in Payment of 2. All subscribers are required to agree not to purchase or to sell, or to make any cash adjustment will be made for the dif­ 5,4-f'?earer notes with interest coupons agreements with respect to the purchase ference ($3.80 per $1,000) between the and notes registered as to or sale or other disposition of any notes par value of maturing securities accepted d p ! S al 5nd interest, will be issued in of this issue at a specific rate or price, in exchange and the issue price of the ?inn S ati°ns of S1-000- $5,000, $10,000, until after midnight August 5,1968. new notes. The payment will be made by a so n S ’n™1’^00’000’ $100,000,000 and 3. Commercial banks in submitting check or by credit in any account main­ ’ Provision will be made for subscriptions will be required to certify tained by a banking institution with d e L ^ ? hange of notes of different that they have no beneficial interest in the Federal Reserve Bank of its Dis­ terpd^11^tlons and of couP°n and regis- any of the subscriptions they enter for istereinntS’ and for the transfer of reg- the account of their customers, and that trict, following acceptance of the matur­ presc^»wieSi Under rules and regulations their customers have no beneficial in­ ing securities. In the case of registered S S ? by **» of the terest in the banks’ subscriptions for securities, the payment will be made in their own account. accordance with the assignments on the

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11094 NOTICES securities surrendered. Any qualified de- ' positary will be permitted to make pay­ DEPARTMENT OF DEFENSE DEPARTMENT OF THE INTERIOR ment by credit in its Treasury Tax and Bureau of Land Management Loan Account for not more than 50 per­ Office of the Secretary of Defense cent of the amount of notes allotted to it U.S. DEFENSE/INDUSTRY ADVISORY COLORADO for itself and its customers up to any GROUP IN EUROPE amount for which it shall be qualified in Notice of Filing of Colorado excess of existing deposits, when so noti­ Establishment Protraction Diagram fied by the Federal Reserve Bank of its The Deputy Secretary of Defense ap­ July 29, 1968. District. When payment is made with proved the following: Notice is hereby given that effective securities in bearer form, coupons dated References: (a) DoD Directive 5030.13, August 15, 1968, should be detached and August 19, 1968, the following approved cashed when due. When payment is made “Regulations for the Formation and Use protraction diagram is officially filed of with registered securities, the final in­ of Advisory Committees,” April 20, 1962; record in the Colorado Land Office. In (b) DoD Directive 5105.20, “Defense accordance with Title 43 CFR, this pro­ terest due on August 15, 1968, will be Representation, United States Mission traction will become the basic record for paid by issue of interest checks in regular to the North Atlantic Treaty Organiza­ describing the land for all authorized course to holders of record on July 15, purposes at and after 10 a.m. on the 1968, the date the transfer books closed. tion and European Regional Organiza­ tions,” April 9,1966; above effective date. Until this date and V. Assignment of registered securities. (c) DoD Directive 5030.27, “U.S. De- time, the diagram has been placed in the 1. Treasury securities in registered form fense/Industry Export Advisory Group open files and is available to the public tendered as deposits and in payment for in Europe,” August 27,1963 (hereby can­ for information only. notes allotted hereunder should be as­ celed) . signed by the registered payees or as­ I. Authority. Pursuant to reference Colorado Protraction Diagram No. 8 signees thereof, in accordance with the (a), it is hereby determined to be in the (Approved May 17, 1968) general regulations of the Treasury De­ public interest, in connection with the SIXTH PRINCIPAL MERIDIAN partment, in one of the forms hereafter performance of duties imposed on the set forth. Securities tendered in pay­ Department of Defense by law, to estab­ T. 15 S„ R. 67 W., ment should be surrendered to a Federal lish a U.S. Defense/Industry Advisory Sec. 7, W%, SE%; Reserve Bank or Branch or to the Office Secs. 15 through 20; Group in Europe for the purposes set Sec. 21, N ^, SW%; of the Treasurer of the United States, forth below. Sec. 22, N%, SE1^; Washington, D.C. 20220. The maturing II. Cancellation. Reference (c) is can­ Sec. 27, N ^,SW % ; securities must be delivered at the ex­ celed. Secs. 28 and 29; pense and risk of the holder. If the new III. Mission. The mission of the U.S. Sec. 30, Ni/2) SE14. notes are desired, registered in the same Defense/Industry Advisory Group in Eu­ T 14 S., R. 68 W., name as the securities surrendered, the All unsurveyed portions of secs. 4, 5, 7, 8, rope (DIAGE) is to provide the Office of 9, 16, 17, 18, 19, 20, 21, 22, 28, 29, and assignment should be to “The Secretary the U.S. Permanent Representative on 30 within the boundaries of the U.S. of the Treasury for 5% percent Treasury the North Atlantic Council (USRO) and Army Corps of Engineers’ survey of 1873 Notes of Series B-1974” ; if the new notes U.S. defense/industry representatives in exclusive of areas granted to the city of are desired registered in another name, Europe a forum for the mutual exchange Colorado Springs. the assignment should be to “The Secre­ of defense/industrial information perti­ T. 14 S., R. 69 W., tary of the Treasury for 5% percent nent to NATO and European Regional All unsurveyed portions of secs. 2, 11, and 13. Treasury Notes of Series B-1974 in the Organizations. T. 10 S., R. 71 W., name o f ______if IV. Membership. The ex-officio Chair­ Secs. 3 through 10; new notes in coupon form are desired, the man of DIAGE shall be the U.S. Perma­ Sec. 15; assignment should be to “The Secretary nent Representative on the North At­ Sec. 16, Ey2; of the Treasury for 5% percent Treasury lantic Council (reference (b )). The Secs. 17 through 20; — Notes of Series B-1974 in coupon form to ex-officio Chairman shall designate a Sec. 21, Ey2, SE&NW^, E&SW&r. SWVa SW%; be delivered t o ______regular Chairman, an alternate Chair­ Sec. 22; VI. General provisions. 1. As fiscal man and a Group Secretary from his Secs. 25 through 36. agents of the United States, Federal Re­ office, and such members of the Group T. 11 S., R. 99 W., serve Banks are authorized and requested as he deems appropriate from represent­ Unsurveyed portions of secs. 1 and 2. to receive subscriptions, to make such atives of key UJS. industries in Europe. NEW MEXICO PRINCIPAL MERIDIAN allotments as may be prescribed by the V. Method of operation. The Group Secretary of the Treasury, to issue such T. 40 N„ R. 17 W., shall function in accordance with the re­ Secs. 3 through 5; notices as may be necessary, to receive quirements and provisions of reference Secs. 9 and 10; payment for and make delivery of notes (a), and, pursuant to the provisions Secs. 15 and 16; on full-paid subscriptions allotted, and thereof, for the purposes of this Group Sec. 21, N%, Ey2SW%, SE&; they may issue interim receipts pending summary minutes of the meetings shall Sec. 22; Sec 27* delivery of the definitive notes. be kept. A summary report of each meet­ ing shall be submitted to the Secretary Sec. 28,’e ^NW 1^, NE%, Sj/2; 2. The Secretary of the Treasury mayof Defense containing any recommended Secs. 33 and 34. at any time, or from time to time, pre­ actions considered desirable for the at­ Copies of this diagram are for sale for scribe supplemental or amendatiory rules tainment of the missions outlined above. $2 each at the Colorado Land O®®®* and regulations governing the offering, M aurice W . R oche, Bureau of Land Management, 15619 Fed­ which will be communicated promptly to Director, Correspondence and eral Building, 1961 Stout Street, Denver, the Federal Reserve Banks. Directives Division, OASD Colo. 80202. (Administration). A ndrew J. Sentt, [ seal] J oseph W. B arr, Acting Land Office Manager. Acting Secretary of thé Treasury. July 30, 1968. [F.R_ Doc. 68-9367; Filed, Aug. 2, 1968; [F.R. Doc. 68-9286; Filed, Aug. 2, 1968; [F.R. Doc. 68-9308; Filed, Aug. 2, I968, 8:49 a.m.] 8:45 a.m.] 8:47 a.m.l

FEDERAL REGISTER, VOL. 33, NO. 15Î — SATURDAY, AUGUST 3, 1968 NOTICES 11095

ercised by him, that said parties or turers are in a position to offer to supply DEPARTMENT OF COMMERCE either of them have failed to comply either a mass spectrometer or gas with the conditions of probation, said Bureau of International Commerce chromatograph of their own manufac­ official, with or without prior notice to ture, to be combined with a gas chroma­ [Case 285] said parties, by supplemental order, may tograph (or mass spectrometer) manu­ MAX ROSE revoke the probation of said parties and factured by another domestic manufac­ deny to said parties all export privileges turer. However, this is not considered to Order Conditionally Restoring Export for such periotf as said official may deem constitute a “reasonable combination of Privileges appropriate. Such order shall not pre­ instruments” within the purview of clude the Bureau of International Com­ § 602.1 (e) of the regulations cited above, In the matter of Max Rose, M. Rose merce from, taking further action for any unless (a) the domestic manufacturer Handelsgesellschaft m.b.H., Biberstrasse violation as may be warranted. offering to furnish the combination un­ 22, Vienna 1, Austria, respondents. Dated: July 29,1968. dertakes to functionally integrate the By order dated January 18, 1961 (26 instruments as a single operating unit F.R. 697), the above named respondents This order shall become effective and (b) establish through appropriate were denied all U.S. export privileges for forthwith. test procedures the performance charac­ the duration of export controls. The R auer H. M eyer, teristics and specifications of the chro­ order provided that 1 year after the date Director, Office of Export Control. matographic and spectometric functions thereof the respondents might apply to [F.R. Doc. 68-9320; Filed, Aug. 2, 1968; as a single unit. (See decision on Docket have the effective denial of export privi­ 8:48 a.m.] No. 67-00108-33-11000, Federal R egis­ leges held in abeyance while they remain ter, volume 33, page 597, Jan. 17, 1968.) on probation. The said respondents have The Department of Commerce knows filed such an application. Business and Defense Services of only two domestic manufacturers The respondents’ application was re­ Administration which offer combinations that meet these ferred to the Compliance Commissioner criteria; Varian Associates (Varian) and and considered by him. He has reported MICHIGAN STATE UNIVERSITY Perkin-Elmer Corp. (P-E). The follow­ that it appears from respondent’s repre­ ing presents a comparison of the sentations and otherwise from informa­ Notice of Decision on Application for Duty-Free Entry of Scientific Article pertinent characteristics and pertinent tion in possession of the Investigations specifications of the foreign article, with Division, Office of Export Control, that The following is a decision on an ap­ similar pertinent characteristics and conditional restoration of respondents’ plication for duty-free entry of a scien­ pertinent specifications of the P-E Model' export privileges is consistent with the tific article pursuant to section 6(c) of L-270 (P-E brochure on L-270/RP56710) purposes of the export control program. the Educational, Scientific, and Cultural and the Varian Model MS/GC (Varian The Compliance Commissioner has Materials Importation Act of 1966 (Pub­ brochure INS 1655A): (1) The foreign recommended that an order be entered lic Law 89-651; 80 Stat. 897) and the article provides a sensitivity of 0.2 nano­ conditionally restoring export privileges regulations issued thereunder (32 F.R. grams per second for methyl stearate to said respondents. 2433 et seq.). with a, signal-to-noise ratio of 10 to 1 The undersigned has considered the A copy of the record pertaining to this at a scan speed of 1 mass decade per sec­ record herein and concurs with the decision is available for public review ond. The P-E Model L-270 provides a Compliance Commissioner that condi­ during ordinary business hours of the De­ sensitivity of less than 3X10"9 gram [30 tional restoration of respondents’ export partment of Commerce, at the Office of nanograms] per second for methyl privileges is consistent with the purposes Producer Goods, Department of Com­ stearate with a signal-to-noise ratio of the U.S. Export Control Act and regu­ merce, .Room 5123, Washington, D.C. greater than unity for a 1-second decade lations. The undersigned is also of the 20230. scan rate. The Vari&n Model MS/GC view that the recommended action is fair Docket No. 68-00421-01-11000. Appli­ specifies a sensitivity of 20 nanograms and just. cant: Michigan State University, East per second, with no associated specifica­ Accordingly, it is hereby ordered that Lansing, Mich. 48823. Article: LKB 9000 tion for the type of sample, signal-to- the export privileges of the above named combined gas chromatograph-single fo­ noise ratio on the scan speed. (2) The respondents be and hereby are restored cusing mass spectrometer. Manufac­ foreign article provides a resolution of conditionally, and the said parties are turer: LKZ Produkter AB, Sweden. In­ better than 1,000 at 10 percent valley, Placed on probation for the duration of tended use of article: The article will be over a mass range from 1 to 1,000 atomic export controls. The conditions of proba­ used in a wide variety of research that mass units, at a 3.5 kilovolt acceleration tion are that the said parties: (1) Shall requires mass spectral data for chemical and ionization potential of 70 electron lullycomply with all of the requirements structural elucidations, identifications of volts. The P-E Model L-270 specifies a of the Export Control Act of 1949, as .trace constituents in complex mixtures resolution of 850 at 10 percent valley, amended, and all regulations, licenses, from biological sources, determinations with no corresponding specification for and orders issued thereunder; (2) shall of stable isotopic abundance in minute the useable mass range, accelerating volt­ on request of the Office of Export Con­ quantities of an organic compound and age or ionizing potential. The Varian trol, or a representative of the U.S. Gov­ location of isotopic atom(s) within the Model MS/GC has a specified “standard ernment acting on its behalf, promptly compound, and studies of mechanisms resolution in MS/GC studies” of 800 at disclose fully the details of their partici­ of organic reactions. Comments: No one-half of the height of the maximum pation in any and all transactions in- comments have been received with re­ peak. According to the conversion table oiving U.S.-origin commodities or tech- spect to this application. Decision: Ap- furnished by Varian, this corresponds to Jr08*. data, including information as to lication approved. No instrument or ap­ a resolution of approximately 425 when e disposition or intended disposition of paratus of equivalent scientific value to taken at 10 percent valley. For the pur­ ucn commodities or technical data, and the foreign article, is being manufac­ poses for which the foreign article is in­ S1ich reduest shall also furnish all tured in the United States. Reasons: The tended to be used, both sensitivity and ecords and documents relating to such foreign article is a single unit in which resolution are pertinent characteristics. atters. Further, on such request, re- the functions of a gas chromatograph, We therefore find that for such purposes, pondents shall promptly disclose the molecular separator (or interface) and nan<^ addresses of its partners, neither the P-E Model L-270 nor the a mass spectrometer have been inte­ Varian Model MS/GC is of equivalent upholders, agents, representatives, grated. There are known domestic manu­ +^ees’ .ant* ° ^ er Persons associated facturers of gas chromatographs which scientific value to the foreign article. th them in trade or commerce. do not produce mass spectrometers and, The Department of Commerce knows Upon a finding by the Director, Office conversely, domestic manufacturers of of no other instrument or apparatus of 0 xport Control, or such other official mass spectrometers that do not produce equivalent scientific value to the foreign as may be exercising the duties now ex­ gas chromatographs. Such manufac­ article, for the purposes for which such

FEDERAL REGISTER, V O L 33, NO. 151— SATURDAY, AUGUST 3, 1968 11096 NOTICES article is intended to be used, which is manufacturer offering to furnish the RESEARCH TRIANGLE INSTITUTE being manufactured in the United States. combination undertakes to functionally integrate the instruments as a single Notice of Decision on Application for Charley M. D enton, operating unit and (b) establish through Duty-Free Entry of Scientific Article Assistant Administrator for In­ appropriate test procedures the per­ dustry Operations, Business The following is a decision on an appli­ formance characteristics and specifica­ cation for duty-free entry of a scientific and Defense Services Admirfi- tions of the chromatographic and istration. article pursuant to section 6(c) of the spectrometric functions as a single unit. Educational, Scientific, and Cultural Ma­ [F.R. Doc. 68-9281; Filed, Aug. 2, 1968; (See decision on Docket No. 67-00108—33- terials Importation Act of 1966 (Public 8:45 a.m.] 11000, Federal R egister, volume 33, page Law 89-651; 80 Stat. 897) and the regu­ 597, Jan. 17, 1968.) lations issued thereunder (32 F.R. 2433 PENNSYLVANIA STATE The Department of Commerce knows et seq.). of only two domestic manufacturers A copy of the record pertaining to this UNIVERSITY which offer combinations that meet these decision is available for public review Notice of Decision on Application for criteria; Varian Associates (Varian) and during ordinary business hours of the Perkin-Elmer Corp. (P-E). The follow­ Department of Commerce, at the Scien­ Duty-Free Entry of Scientific Article ing presents a comparison of the per­ tific Instrument Evaluation Division, De­ The following is a decision on an ap­ tinent characteristics and pertinent partment of Commerce, Washington, plication for duty-free entry of a scien­ specifications of the foreign article, with D.C. 20230. tific article pursuant to section 6(c) of similar pertinent characteristics and Docket No. 68-00440-01-11000. Appli­ the Educational, Scientific, and Cultural pertinent specifications of the P-E Model cant: Research Triangle Institute, Post Materials Importation Act of 1966 L-270 (P-E brochure on L-270/RP56710) Office Box 12194, Research Triangle Park, (Public Law 89-651; 80 Stat. 897) and and the Varian Model MS/GC (Varian N.C. 27709. Article: Mass spectrometer- the regulations issued thereunder (32 brochure INS 1655A): Cl) The foreign gas chromatograph system, Model LKB F.R. 2433 et seq.). article provides a sensitivity of 0.2 nano- 9000. Manufacturer: LKB Produkter AB, A copy of the record pertaining to this grams per second for methyl stearate Sweden. Intended use of article: The ar­ decision is available for public review with a signal-to-noise ratio of 10 to 1 at ticle will be used for research problems as during ordinary business hours of the a scan speed o f 1 mass decade per sec­ indicated below: ond. The P-E Model L-270 provides a Department of Commerce, at the Office 1. The composition of metabolic products of Producer Goods, Department of Com­ sensitivity of less than 3X10'® gram [30 of drugs which have undergone biochemi­ merce, Room 5123, Washington, D.C. nanograms] per second for methyl stea­ cal transformation in vitro incubation and 20230. rate with a signal-to-noise ratio greater in vivo using laboratory animals. Docket No. 68-00301-33-11000. Ap­ than unity for a 1-second decade scan 2. Metabolic studies using in vitro and in plicant: The Pennsylvania State Univer­ rate. The Varian Model MS/GC specifies vivo techniques will be carried out using non­ sity, University Park, Pa. 16802. Article: a sensitivity of 20 nanograms per second, toxic stable isotope labeled drugs, which will t.ttr combined gas chromatograph-mass with no associated specification for the be prepared in the laboratory. spectrometer. Manufacturer: LKB Pro- type of sample, signal-to-noise ratio or 3. The distribution of drugs and their metabolic products will be studied. dukter, Sweden. Intended use of article: the scan speed. (2) The foreign article The article will be employed in diverse provides a resolution of better than 1,000 Comments: No comments have been re­ studies concerned with the following: at 10 percent valley, over a mass range ceived with respect to this application. from 1 to 1,000 atomic mass units, at a 3.5 Decision: Application approved. No in­ (1) Identification of trace contaminants kilovolt acceleration and ionization po­ struction or apparatus of equivalent sci­ in foods which affect public health. tential of 70 electron volts. The P-E (2) Characterization of compounds of entific value to the foreign article, is flavor significance in dairy, meat, - and Model L-270 specifies a resolution of 850 being manufactured in the United chocolate products. at 10 percent valley, with no correspond­ States. Reasons: The foreign article (3) How milk fat is synthesized in the ing specification for the useable mass is a single unit in which the func­ mammary gland. range, accelerating voltage or ionizing tions of a gas chromatograph, mo­ (4) Control of ketosis and other metabolic potential. The Varian Model MS/GC has lecular separator (or interface) and a disorders affecting milk production. a specified “standard resolution in MS/ mass spectrometer have been inte­ Comments: No comments have been re­ GC studies” of 800 at one-half of the grated. There are known domestic ceived with respect to this application. height of the maximum peak. According manufacturers of gas chromatographs Decision: Application approved. No in­ to the conversion table furnished by Var­ which do not produce mass spectrometers strument or apparatus of equivalent ian, this corresponds to a resolution of and, conversely, domestic manufacturers scientific value to the foreign article, is approximately 425 when taken at 10 per­ of mass spectrometers that do not pro­ being manufactured in the United States. cent valley. For the purposes for which duce gas chromatographs. Such manu­ Reasons: The foreign article is a single the foreign article is intended to be used? facturers are in a position to offer to sup­ unit in which the functions' of a gas both sensitivity and resolution are per­ ply either a mass spectrometer or gas chromatograph, molecular separator (or tinent characteristics. We therefore find chromatograph of their own manufac­ interface) and a mass spectrometer have that for such purposes, neither the P-E ture, to be combined with a gas chroma­ been integrated. There are known Model L-270 nor the Varian Model MS/ tograph (or mass spectrometer) manu­ domestic manufacturers of gas chro­ GC is of equivalent scientific value to factured by another domestic manufac­ matographs which do not produce mass the foreign article. turer. However, this is not considered to spectrometers and, conversely, domestic The Department of Commerce knows constitute a “reasonable combination o instruments” within the purview of sec­ manufacturers of mass spectrometers of no other instrument or apparatus of that do not produce gaj chromatographs. tion 602.21(e) of the regulations citea Such manufacturers are in a position to equivalent scientific value to the foreign above, unless (a) the domestic manufac­ offer to supply either a mass spectrom­ article, for the purposes for which such turer offering to furnish the combina­ eter or gas chromatograph of their own article is intended to be used, which is tion undertakes to functionally integra manufacture, to be combined with a gas being manufactured in the United States. the instruments as a single operating um chromatograph (or mass spectrometer) and (b) establish through appropriate Charley M. D enton, test procedures the performance cnarac manufactured by another domestic Assistant Administrator, for In­ teristics and specifications of the cnro- manufacturer. However, this is not con­ dustry Operations, Business matographic and spectrometric Iun " sidered to constitute a “reasonable com­ and Defense Services Admin­ tions as a single unit. (See decision/m bination of instruments” within the pur­ istration. Docket No. 67-00108-33-11000, Federal view of § 602.1(e) of the regulations [F.R. Doc. 68-9282; Filed, Aug. 2, 1968; R egister, volume 33, page 597, Jan- ’ cited above, unless (a) the domestic 8:45 a.m.] 1968.)

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 NOTICES 11097

The Department of Commerce knows regulations issued thereunder (32 F.R. methyl stearate with a signal-to-noise of only two domestic manufacturers 2433 et seq.). ratio greater than unity for a 1- which offer combinations that meet these A copy of the record pertaining to this second decade scan rate. The Varian criteria; Varian Associates (Varian) and decision is available for public review Model MS/GC specifies a sensitivity of Perkin-Elmer Corp. (P-E ). The follow­ during ordinary business hours of the 20 nanograms per second, with no ing presents a comparison of the perti­ Department of Commerce, at the Scien­ associated specification for the type of nent characteristics and pertinent speci­ tific Instrument Evaluation Division, sample, signal-to-noise ratio or the fications of the foreign article, with Department of Commerce, Washington, scan speed. (2) The foreign article similar pertinent characteristics and per­ D.C. 20230.* provides a resolution of better than tinent specifications of the P-E Model Docket No. 68-00450-33-11000. Appli­ 1,000 at 10 percent valley, over a mass L-270 (P-E brochure on L-270/RP56710) cant: Rockland State Hospital, Research range from 1 to 1,000 atomic mass units, and the Varian Model MS/GC (Varian Center, Orangeburg, N.Y. 10962. Article: at a 3.5 kilovolt acceleration and ioni­ brochure INS 1655A): (1) The foreign Gas chromatographmass spectrometer, zation potential of 70 electron volts. The article provides a sensitivity of 0.2 nano­ Model LKB 9000. Manufacturer: LKB P-E Model L-270 specifies a resolution of grams per second for methyl stearate Produkter ÁB, Sweden. Intended use of 850 at 10 percent valley, with no corre­ with a signal-to-noise ratio of 10 to 1 article: The article will be used for sponding specification for the useable at a scan speed of one mass decade per a number of research problems in the mass range, accelerating voltage or second. The P-E Model L-270 provides areas of psychopharmacology, biolog­ ionizing potential. The Varian Model MS/ a sensitivity of less than 3xl0~8 gram ical psychiatry, normal biochemistry, GC has a specified “standard resolution [30 nanogramsl per second for methyl quality control of analytical work and in MS/GC studies” of 800 at one-half of stearate with a signal-to-noise ratio metabolic studies in psychiatric pa­ the height of the maximum peak. Accord­ greater than unity for a one-second dec­ tients using stable isotopes. Comments: ing to the conversion table furnished by ade scan rate. The Varian Model MS/ No comments have been received with Varian, this corresponds to a resolution GC specifies a sensitivity of 20 nano- respect to this. application. Decision: of approximately 425 when taken at 10 grams per second, with no associated Application approved. No instrument percent valley. For the purposes for specification for the type of sample, sig­ or apparatus of equivalent scientific which the foreign article is intended to be nal-to-noise ratio or the scan speed. (2) value to the foreign article, is being used, both sensitivity and resolution are The foreign article provides a resolution manufactured in the United States. pertinent characteristics. We therefore of better than 1,000 at 10 percent valley, Reasons: The foreign article is a single find that for such purposes, neither the over a mass range from 1 to 1,000 atomic unit in which the functions of a gas P-E Model L-270 nor the Varian Model mass units, at a 3.5 kilovolt acceleration chromatograph, molecular separator (or MS/GC is of equivalent scientific value and ionization potential of 70 electron interface) and a mass spectrometer have to the foreign article. volts. The P-E Model L-270 specifies a been integrated. There are known do­ The Department of Commerce knows resolution of 850 at 10 percent valley, mestic manufacturers of gas chromato­ of no other instrument or apparatus of with no corresponding specification for graphs which do not produce mass equivalent scientific value to the for­ the useable mass range, accelerating spectrometers and, conversely, domestic eign article, for the purposes for which voltage or ionizing potential. The Varian manufacturers of mass spectrometers such article is intended to be used, which Model MS/GC has a specified “standard that do not produce gas chromatographs. is being manufactured in the United resolution in MS/GC studies” of 800 at Such manufacturers are in a position to States. one-half of the height of the maximum offer to supply either a mass spectrom­ Charley M. D enton, Peak. According to tHé conversion table eter or gas chromatograph of their own Assistant Administrator for In­ furnished by Varian, this corresponds manufacture, to be combined with a gas dustry Operations, Business a resolution of approximately 425 chromatograph (or mass spectrometer) and Defense Services Admin­ when taken at 10 percent valley. For the manufactured by another domestic man­ istration. Purposes for which the foreign article ufacturer. However, this is not considered [F.R. Doc. 68-9284; Filed, Aug. 2, 1968; is intended to be used, both sensitivity to constitute a “reasonable combination 8:45 a.m.] and resolution are pertinent characteris­ of instruments” within the purview of tics. We therefore find that for such § 602.1(e) of the regulations cited above, Purposes, neither the P-E Model L-270 unless (a) the domestic manufacturer VANDERBILT UNIVERSITY nor the Varian Model MS/GC is of equiv­ offering to furnish the combination un­ alent scientific value to the foreign Notice of Decision on Application for article. dertakes to functionally integrate the instruments as a single operating unit Duty-Free Entry of Scientific Article The Department of Commerce knows and -(b) establish through appropriate The following is a decision on an ap­ oi n° other instrument or apparatus of test procedures the performance char­ plication for duty-free entry of a scien­ equivalent scientific value to the foreign acteristics and specifications of the chro­ tific article pursuant to section 6(c) of • . the PurP<>ses for which such matographic and spectrometric functions the Educational, Scientific, and Cultural le is intended to be used, which is as a single unit. (See decision on Docket Materials Importation Act of 1966 (Pub­ Demg manufactured in the United States, No. 67-00108-33-11000, Federal R egis­ lic Law 89-651; 80 Stat. 897) and the ter, Charley M. Denton, volume 33, page 597, Jan. 17, 1968.) regulations issued thereunder (32 F.R. Assistant Administrator for' In­ The Department of Commerce knows 2433 et seq.). dustry Operations, Business of only two domestic manufacturers A copy of the record pertaining to this and Defense Services Admin- which offer combinations that meet these decision is available for public review istration. criteria; Varian Associates (Varian) and during ordinary business hours of the Perkin-Elmer Corp (P-E ). The following [F.R. Doc. 68-9283; Piled, Aug. 2, 1968; Department of Commerce, at thè Scien­ 8:45 ajn.] presents a comparison of the foreign ar­ tific Instrument Evaluation Division, De­ ticle, with similar pertinent characteris­ partment of Commerce, Washington tics and pertinent specifications of the D.C.20230. ROCKLAND STATE HOSPITAL P-E Model L-270 (P-E brochure on L- Docket No. 68-00516-01-11000. Appli­ 270/RP56710) and the Varian Model MS/ cant: Vanderbilt University, Department Decision on Application f GC (Varian brochure INS 1655A) : (1) of Chemistry, Nashville, Tenn. 37203. y-Free Entry of Scientific Articl The foreign article provides a sensitivity Article: Gas chromatograph-mass spec­ of 0.2 nanograms per second for methyl trometer system. Manufacturer: t.tcp P lS in i1^ 18 a decisi°h on an a stearate with a signal-to-noise ratio of hfi^art^piA1^ 11^" ^ 66 en^ry of a sciei Produkter AB, Sweden. Intended use of the Pdii!.Cl+- Pursuant to section 6(c) 10 to 1 at a scan speed of 1 mass decade article: The article will be used for sci­ M ^ 10naL Scientific and Cultur per second. The P-E Model L-270 pro­ entific research as well as in the train­ lie Aot of 1&66 (Pu vides a sensitivity of less than 3X10'9 ing of Ph. D. students and post doctoral Law 89-651; 80 Stat. 807) and t] gram [30 nanograms] per second for fellows. Comments: No comments have

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11098 NOTICES been received with respect to this ap- corresponds to a resolution of approxi­ goats at 0.04 part per million; and milk lication. D e c is io n : Application ap­ mately 425 when taken at 10 percent val­ at 0.004 part per million. proved. No instrument or apparatus of ley. For the purposes for which the for­ Notice is also given that the same firm equivalent scientific value to the foreign eign article is intended to be used, both has filed a related petition (FAP 9H2317) article is being manufactured in the sensitivity and resolution are pertinent proposing the establishment of a food United States. Reasons: The foreign characteristics. We, therefore, find that additive tolerance of 12.4 parts per mil­ article is a single unit in which the func­ for such purposes, neither the P-E Model lion for residues of the defoliant in or tions of a gas chromatograph, moleeular L-270 nor the Varian Model MS/GC is of on cottonseed hulls resulting from appli­ separator (or interface) and a mass spec­ equivalent scientific value to the foreign cation of the defoliant to the growing trometer have been integrated. There are article. raw agricultural commodity cottonseed. known domestic manufacturers of gas The Department of Commerce knows The analytical method proposed for chromatographs which do not produce of no other instrument or apparatus of determining residues of the defoliant is mass spectrometers and, conversely, do­ equivalent scientific value to the foreign the method of J. S. Thornton and C. A, mestic manufacturers of mass spectrom­ article, for the purposes for which such Anderson, “Journal of Agricultural and eters that do not produce gas chromato­ article is intended to be used, which is Food Chemistry,” vol. 14, p. 143 (1966). graphs. Such manufacturers are in a being manufactured in the United States. Dated: July 26, 1968. position to offer to supply either a mass Charley M. D enton, spectrometer or gas chromatograph of J. K. K irk, Assistant Administrator for In­ Associate Commissioner their own manufacture, to be combined dustry Operations, Business with a gas chromatograph (or mass for Compliance. and Defense Services Admin­ [F.R. Doc. 68-9326; Filed, Aug. 2, 1968; spectrometer) manufactured by another istration. domestic manufacturer. However, this is 8:48 a.m.] not considered to constitute a “reason­ [F.R. Doc. 68—9285; Filed, Aug. 2, 1968; able combination of instruments” within 8:45 a.m.] the purview of § 602.1(e) of the regula­ DEPARTMENT OF THE ARMY tions cited above, unless (a) the domestic Notice of Withdrawal of Petition for manufacturer offering to furnish the ' Food Additive Gamma Radiation combination undertakes to functionally DEPARTMENT OF HEALTH, EDU­ integrate the instruments as a single Pursuant to the provisions of the Fed­ operating unit and (b) establish through CATION, AND WELFARE eral Food, Drug, and Cosmetic Act (sec. appropriate test procedures the perform­ 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), ance characteristics and specifications Food and Drug Administration the following notice is issued : of the chromatographic and spectromet- ALLIED CHEMICAL CORP. In accordance with § 121.52 With- ric functions as a single unit. (See deci­ drawal of petitions without prejudice of sion on Docket No. 67-00108-33-11000, Notice of Filing of Petition for Food the procedural food additive regulations F ederal R egister, Volume 33, page 597, Additives (21 CFR 121.52), the Department of the Jan. 17,1968.) Army, U.S. Army Natick Laboratories, Pursuant to the provisions of the Fed­ Natick, Mass. 01761, has withdrawn its The Department of Commerce knows eral Food, Drug, and Cosmetic Act (sec. of only two domestic manufacturers petition (FAP 7M2056), notice of which 409(b)(5), 72 Stat. 1786; 21 U.S.C. was published in the Federal R egister which offer combinations that meet these 348(b)(5)), notice is given that a peti­ criteria; Varian Associates (Varian) and of August 25, 1966 (31 F.R. 11241), pro­ tion (FAP 9B2315) has been filed by Al­ posing the issuance of a regulation to Perkin-Elmer Corp. (P-E ). The following lied Chemical Corp., Post Office Box 70, presents a comparison of the pertinent provide for the safe use of an absorbed Morristown, N.J. 07960, proposing the is­ dose of 3.5 to 5.6 megarads of gamma characteristics and pertinent specifica­ suance of a food additive regulation tions of the foreign article, with similar radiation from cobalt 60 or cesium 137 (21 CFR Part 121, Subpart F) to provide in the radiation processing of canned pertinent characteristics and pertinent for the safe use of caprolactam-(ethy­ specifications of the P-E Model L-270 lene-ethyl acrylate) graft polymer as an (P-E brochure on L-270RP56710) and .optional component in side-seam ce­ Dated: July 23,1968. the Varian Model MS/GC (Varian bro­ ments for food containers and in ad­ J. K. K irk, chure INS 1655A): (1) The foreign ar­ hesives for food packaging. Associate Commissioner ticle provides a sensitivity of 0.2 nano­ for Compliance. grams per second for methyl stearate Dated: July 26,1968. with a signal-to-noise ratio of 10 to 1 at [F.R. Doc. 68-9324; Filed, Aug. 2, 1968! J. K . K irk, 8:48 a.m.] a scan speed of 1 mass decade per second. Associate Commissioner The P-E Model L-270 provides a sensi­ for Compliance. tivity of less than 3X10~9 gram C30 ROHM AND HAAS CO. nanograms] per second for methyl stea­ [F.R. Doc. 68-9325; Filed, Aug. 2, 1968; rate with a signal-to-noise ratio greater 8:48 a.m.] Notice of Filing of Petition for Food than unity for a 1-second decade scan Additives rate. The Varian Model MS/GC specifies CHEMAGRO CORP. a sensitivity of 20 nanograms per second, Pursuant to the provisions of the Fed­ with no associated specification for the Notice of Filing of Pesticide and eral Food, Drug, and Cosmetic Act (sec. type of sample, signal-to-noise ratio Food Additive Petitions 409(b)(5), 72' Stat. 1786; 21 UBL. scan speed. (2) The foreign article pro­ 348(b) (5)), notice is given that a pew vides a resolution of better than 1,000 at Pursuant to the provisions of the Fed­ tion (FAP 9B2316) has been filed m 10 percent valley, over a mass range from eral Food, Drug, and Cosmetic Act (sec. Rohm and Haas Co., Independence Mall 1 to 1,000 atomic mass units, at a 3.5 kilo­ 408(d)(1), 409(b)(5), 68 Stat. 512, 72 West, Philadelphia, Pa. 19105, proposing volt acceleration and ionization potential Stat. 1786; 21 U.S.C. 346a(d) (1>, 348(b) that the restriction “used as prov e of 70 electron volts. The P-E Model L-270 (5)), notice is given that a petition (PP 9F0737) has been filed by Chemagro under § 121.2526(a) (5)” for petroleum specifies a resolution of 850 at 10 percent U à /I a ] n f ûrT ■ft'AîVI 101 95flfi(d). valley, with no corresponding specifica­ Corp., Post Office Box 4913, Hawthorn tion for the usable mass range, acceler­ Road, Kansas City, Mo. 64120, proposing Dated: July 26,1968. the establishment of tolerances for ating voltage or ionizing potential. The J. K. K irk, Varian Model MS/GC has a specified residues of the defoliant jS,S,S-tributyl- phosphorotrithioate in or on the raw Associate Commissioner “standard resolution in MS/GC studies” for Compliance. ) of 800 at one-half of the height of the agricultural commodities: Cottonseed at ma.virmim peak. According to the conver­ 9.5 parts per million; meat, fat, and [F.R. Doc. 68-9327; Filed, Aug. 2, 1968, ^ 8:48 a.m.] sion table( furnished by Varian, this meat byproducts of cattle, sheep, and

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 NOTICES 11099

REGIONAL ADMINISTRATORS AND designated by the Atomic Energy Com­ DEPARTMENT OF HOUSING AND DEPUTY REGIONAL ADMINISTRA­ mission, consisting of Dr. Hugh C. TORS Paxton, Los Alamos, N. Mex.; Dr. URBAN DEVELOPMENT Charles E. Winters, Cleveland, Ohio; and ASSISTANT SECRETARY FOR Redelegations of Authority Mr. J. D. Bond, Chairman, Washington, D.C., Dr. John C. Geyer, Baltimore, Md., ADMINISTRATION The redelegations of authority from the Assistant Secretary for Metropolitan has been designated as a technically Delegation of Authority Regarding Development to Regional Administrators qualified alternate, and Mr. James P. Procurement Regulations and Re­ and Deputy Regional Administrators Gleason, Esq., Washington, D.C., has lated Rules effective May 18,1966 (31 F.R. 7359, May . been designated as an alternate quali­ 20, 1966), as amended (31 F.R. 8969, fied in the conduct of administrative The delegation of authority to the As­ June 29, 1966), are hereby amended proceedings. sistant Secretary for Administration under section A by adding a new para­ A prehearing conference will be held effective March 15, 1968 (33 F.R. 4593, graph 8 as follows: by the Board at 10 a.m., local time, on September 5, 1968, in Room 5101 at March 15, 1968), is hereby amended by S ection A. Authority redelgated with adding at the end thereof the following: respect to specific programs. * * * Federal Office Building No. 7, 17th and 5. Make administrative determina­ 8. Historic Preservation Grant Pro­ H Streets, Washington, D.C. (entrance on tions under FPR § 1-2.406-3 in connec­ gram under Title VII of the Housing 17th Street NW.) to consider the matters tion with mistakes in bids alleged after Act of 1961, as amended (42 UJS.C. 1500- provided for consideration by § 2.752 of opening of bids and before award. 1500e), except the authority to: 10 CFR Part 2 and section H of Ap­ (FPR § l-2.406-3'(b) ; sec. 7(d ), Dept, of HUD a. Provide technical assistance and pendix A to 10 CFR Part 2. Aot, 42 U.S.C. 3535(d)) undertake studies and publish informa­ The Director of Regulation proposes to make affirmative findings of Item Nos. Effective date. This amendment of del­ tion under section 708 (42 U.S.C. 1500d). b. Determine further terms and con­ 1—3 and a negative finding on Item 4 egation of authority is effective as of Au­ specified below as the basis for the is­ gust 3, 1968. ditions under section 702(d) (42 U.S.C. 1500a(d))„ suance of a provisional construction per­ R obert C. W eaver, “ mit to the applicant substantially in the Secretary of Housing and (Secretary’s delegations of authority effective form proposed in Appendix A hereto. Urban Development. May 18, 1966, 31 F.R. 7358, May 20, 1966, as amended at 31 F.R. 8969, June 29, 1966; 31 1. Whether in accordance with the [F.R. Doc. 68-9301; Piled, Aug. 2, 1968; F.R. 13148, Oct. 11, 1966; and 33 PJt. 11099, provisions of 10 CFR § 50.35(a): 8:46 a.m.] Aug. 3, 1968) (a) The applicant has described the proposed design of the facility including, Effective date. This amendment of re­ but not limited to, the principal archi- delegations of authority is effective as of . tectural and engineering criteria for the ASSISTANT SECRETARY AND DEPUTY May 23,1967. ASSISTANT SECRETARY FOR MET­ design, and has identified the major fea­ Charles M. Haar, tures or components incorporated there­ ROPOLITAN DEVELOPMENT Assistant Secretary for in for the protection of the health and Delegations of Authority Metropolitan Development. safety of the public; [F.R. Doc. 68-9303; Filed. Aug. 2, 1968; (b) Such further technical or design The Secretary’s delegations of author­ 8:46 a.m.] information as may be required to com­ ity to the Assistant Secretary for Metro­ plete the safety analysis and which can politan Development and the Deputy reasonably be left for later considera­ Assistant Secretary for Metropolitan De- tion, will be supplied in the final safety } £ g & * effective May 18,1966 (31 F.R. ATOMIC ENERGY COMMISSION analysis report; oocn’ ^fay 20>1966), as amended (31 F.R. [Docket No. 50-312] (c) Safety features or components, if «969 June 29, 1966, and 31 F.R. 13148, any, which require research and devel­ uct. li, 1966), are hereby amended in the loiiowing respects: SACRAMENTO MUNICIPAL UTILITY opment have been described by the ap­ plicant and the applicant has identified, noi1* *7nder section A, by adding a new DISTRICT (RANCHO SECO NU­ Paragraph 12 to read: CLEAR GEN ERATIN G STATION and there will be conducted, a research and development program reasonably A- Authority delegated with UNIT NO. 1) designed to resolve any safety questions espect to specific programs. * * * Notice of Hearing on Application associated with such features or com­ J J ; nktpric Preservation Grant Pro- for Provisional Construction Permit ponents; and Act of ^ 6 f1" Title VI1 of the Housing (d) On the basis of the foregoing, there 1500e)1961’ aS amended (42 U.S.C. 1500- Pursuant to the Atomic Energy Act of is reasonable assurance that (i) such 1954, as amended (the Act) and the safety questions will be satisfactorily re­ sranh Y*fder section c . by revising para- regulations in Title 10, Code of Federal solved at or before the latest dates stated sxapn 2 to read; Regulations, Part 50, “Licensing of Pro­ in the application for completion of con­ duction and Utilization Facilities”, and dated' *°* ? dditional authority dele- struction of the proposed facility, and Part 2, rules of practice, notice is hereby (ii) taking into consideration the site cri­ given that a hearing will be held at 10 teria contained in 10 CFR Part 100, the x *° headquarters em- am..local time, on September 17, 1968, under of Atlxe authority delegated proposed facility can be constructed and in Room 2170, State Capitol Building, operated at the proposed location with­ Sacramento, Calif., to consider the ap­ out undue risk to the health and safety S S r f . plication filed under § 104b of the Act of the public; Secretary by Sacramento Municipal Utility Dis­ 2. Whether the applicant is techni­ trict (the applicant),, for a provisional cally qualified to design and construct USSCC.3635(iJ)Department °f 11170 Act* 42 construction permit for a pressurized the proposed facility; water reactor, designed to operate ini­ 3. Whether the applicant is finan­ deWatfnn6« df te’ amendments of tially at 2,452 megawatts (thermal), to cially qualified to design and construct be located at the Applicant’s Rancho the proposed facility; and °fMay 23, l967aUth0rity 816 effective as Seco Nuclear Generating Station in 4. Whether the issuance of a permit Sacramento County, Calif., in the south­ R obert C. W eaver, for the construction of the facility will Secretary of Housing and east part of the county, located approxi­ be inimical to the common defense and mately 25 miles southeast of Sacra­ ._ Urban Development. security or to the health and safety of mento, Calif. the public. hoc. 68-9302; Piled, Aug. 2, 1968; The hearing will be conducted by the 8:46 a.m. J In the event that this proceeding is not Atomic Safety and Licensing Board a contested proceeding, as defined by

No. 151------7 FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11100 NOTICES § 2.4 of the Commission’s rules of prac­ specify. The petition shall set forth the Sacramento County, Calif., site in the south- interest of the petitioner in the proceed­ east part of the county, located approxi­ tice, 10 CFR Part 2, the Board will, with­ mately 25 miles southeast of Sacramento, out conducting a de novo evaluation of ing, how that interest may be affected Calif., and approximately 26 miles north- the application, consider the issues of by Commission action, and the conten­ northeast of Stockton, Calif. whether the application and the record tions of the petitioner in reasonably spe­ 2. This permit shall be deemed to contain of the proceeding contain sufficient in­ cific detail. A petition which sets forth and be subject to the conditions specified in formation, and the review by the Com­ contentions relating only to matters out­ § § 50.54 and 50.55 of said regulations: is sub­ mission’s regulatory staff has been ade­ side the Commission’s jurisdiction will ject to all applicable provisions of the Act, be denied. A petition for leave to inter­ and rules, regulations and orders of the Com­ quate, to support the findings proposed to mission now dr hereafter in effect; and is be made and the provisional construction, vene which is not timely filed will be subject to the conditions specified or in­ permit proposed to be issued by the Di­ denied unless the petitioner shows good corporated below: rector of Regulation. cause for failure to file it on time. A. The earliest date for the completion of In the event that this proceeding be­ A person permitted to intervene be­ the facility is December 31, 1972, and the comes a contested proceeding, the Board comes a party to the proceeding, and has latest date for completion of the facility is will consider and initially decide, as the all the rights of the applicant and the December 31, 1973. regulatory staff to participate fully in the B. The facility shall be constructed and issues in this proceeding, Item Nos. 1 located at the site as described in the appli­ through 4 above as the basis for deter­ conduct of the hearing. For example, he cation in the southeast part of Sacramento mining whether a provisional construc­ may examine and cross-examine wit­ County, Calif. tion permit should be issued to the ap­ nesses. A person permitted to make a ' C. This construction permit authorizes the plicant. limited appearance does not become a applicant to construct the facility described As they become available, the applica­ party, but may state his position and iq the application and the hearing record tion, the applicant’s summary of the ap­ raise -questions which he would like to in accordance with the principal architectural have answered to the extent that the and engineering criteria set forth therein. plication, the report of the Commission’s 3. This permit is provisional to the extent Advisory Committee on Reactor Safe­ questions are within the scope of the that a license authorizing operation of the guards (ACRS) and the Safety Evalua­ hearing as specified in the issues set out facility will not be issued by the Commission tion by the Commission’s regulatory staff above. A member of the public does not unless (a) the applicant submits to the Com­ will be placed in the Commission’s Public have the right to participate unless he mission, by amendment to the application, Document Room, 1717 H Street NW., has been granted the right to intervene the complete final safety analysis report, por­ Washington, D.C., where they will be as a party or the right of limited appear­ tions of which may be submitted and evalu­ ance. ated from time to time; (b) the Commission available for inspection by members of finds that the final design provides reason­ the public. Copies of this notice of hear­ An answer to this notice, pursuant to able assurance that the health and safety of ing, the ACRS report, the applicant’s the provisions of § 2.705 of the Commis­ the public will not be endangered by the summary of the application and the reg­ sion’s rules of practice, must be filed by operation of the facility in accordance with ulatory staff’s Safety Evaluation will also the applicant on or before September 3, procedures approved by it in connection with be available at Room 2170, State Capitol 1968. the issuance of said license; and (c) the Building, Sacramento, Calif., for inspec­ Papers required to be filed in this pro­ applicant submits proof of financial protec­ tion by members of the public each week­ ceeding may be filed by mail or telegram tion and the execution of an indemnity addressed to the Secretary, U.S. Atomic agreement as required by Part 170 of the Act. day between the hours of 9 a.m. and 5 For the Atomic Energy Commission. p.m. Copies of the ACRS report and the Energy Commission, Washington, D.C. regulatory staff’s Safety Evaluation may 20545, Attention: Chief, Public Proceed­ [F.R. Doc. 68-9321; Filed, Aug. 2, 1968; be obtained by request to the Director ings Branch, or may be filed by delivery 8:48 a.m.] of the Division of Reactor Licensing, U.S. to the Commission’s Public Document Atomic Energy Commission, Washing­ Room, 1717 H Street NW., Washington, ton, D.C. 20545. D.C. Any person who wishes to make an oral Pending further order of the Board, CIVIL AERONAUTICS BOARD or written statement in this proceeding parties are required to file, pursuant to [Docket No. 17007] setting forth his position on the issues the provisions of § 2.708 of the Commis­ CHICAGO-DES MOINES NONSTOP specified, but who does not wish to file sion’s rules of practice, an original and a petition for leave to intervene, may re­ SERVICE CASE quest permission to make a limited ap­ 20 conformed copies of each such paper pearance pursuant to the provisions of with the Commission. Notice of Hearing § 2.715 of the Commission’s rules of prac­ Dated at Washington, D.C., this 31st Notice is hereby given, pursuant to the tice. Limited appearances will be per­ day of July 1968. provisions of the Federal Aviation Act o mitted at the time of the hearing in the 1958, as amended, that a public hearing United States A tomic discretion of the Board, within such in the above-entitled Proceeding is as­ Energy Commission, limits and on such conditions as may be signed to be held on August 27,196 , fixed by the Board. Persons desiring to W. B. McCool, Secretary. 10 a.m., e.d.t., in Room 726, Universal make a limited appearance are requested Building, 1825 Connecticut Avenue to inform the Secretary, U.S. Atomic Appendix “A” Washington, D.C., before the un Energy Commission, Washington, D.C. PROVISIONAL CONSTRUCTION PERMIT signed examiner. 20545, by September 3,1968. Construction Permit N o.------For information concerning the issues Any person whose interest may be af­ involved and other details of tms P , fected by the proceeding who does not 1. Pursuant to § 104(b) of the Atomic ceeding, interested persons are rei _ _ wish to make a limited appearance and Energy Act of 1954, as amended (the Act), and Title 10, Chapter 1, Code of Federal Regu­ to Orders E-26131, December 15, i s l ­ who wishes to participate as a party in and E-26557, March 21, 1968, the Report the proceeding must file a petition for lations, Part 50, “Licensing of Production and Utilization Facilities”, and pursuant to the of Prehearing Conference served May . leave to intervene. order of the Atomic Safety and Licensing 1968, and to the documents which are Petitions for leave to intervene, pur­ Board, the Atomic Energy Commission (the suant to the provisions of § 2.714 of the Commission) hereby issues a provisional con­ the docket of this case on file in Commission’s rules of practice, must be struction permit to Sacramento Municipal of the Civil Aeronaut Utility District (the applicant) for a utili­ received in the Office of the Secretary, Board. U.S. Atomic Energy Commission, Wash­ zation facility (the facility), designed to operate at 2,452 megawatts (thermal) de­ Dated at Washington, D.C., July 3 . ington, D.C. 20545, Attention: Chief, scribed in the application and amendments Public Proceedings Branch, or the Com­ thereto (the application) filed in this matter 1968. R obert M. Johnson, mission’s Public Document Room, 1717 H by the applicant and as more fully described [ seal] Street NW., Washington, D.C., not later in the evidence received at the public hearing Hearing Examiner. than September 3, 1968, or in the event upon that application. The facility, known as 68-9317; Filed, Aug. 2, 1968, Rancho Seco Nuclear Generating Station [F.R. DOC. of a postponement of the prehearing con­ 8:47 a.m.] ference, at such time as the Board may Unit No. 1, will be located at the applicant’s

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 NOTICES moi [Docket No. 20062; Order 68-7-149] to determine and prescribe the lawful procedure (18 CFR i.8 or 1.10) and the UNITED AIR LINES, INC. fares and provisions, and rules, regula­ regulations under the Natural Gas Act tions, or practices affecting such fares (§ 157.10) on or before August 23, 1968. Order of Investigation and Suspension and provisions; Take further notice that, pursuant to Regarding Fare Additions 2. Pending hearing and decision by the the authority contained in and subject Adopted by the Civil Aeronautics Board Board, the fares and provisions described to the jurisdiction conferred upon the at its office in Washington, D.C., on the in Appendix A hereto are suspended and Federal Power Commission by sections 7 30th day of July 1968. their use deferred to and including Oc­ and 15 of the Natural Gas Act and the By tariff revisions1 marked to become tober 29, 1968, unless otherwise ordered Commission’s rules of practice and pro­ effective August 1,1968, United Air Lines, by the Board, and that no changes be cedure, a hearing will be held without Inc. (United), proposes (1) to establish made therein during the period of sus­ further notice before the Commission on 13 jet first-class and 19 jet coach fares pension except by order or special per­ this application if no protest or peti­ between Fresno, Calif., and other points mission of the Board; tion to intervene is filed within the time on its system; (2) to add a propeller 3. This investigation be assigned for required herein, if the Commission on its first-class fare between Fresno and Lin­ hearing before an examiner of the Board own review of the matter finds permis­ coln; and (3) to reduce its propeller first- at a time and place hereafter to be des­ sion and approval for the proposed class fares to the level of its proposed jet ignated; and abandonment is required by the public first-class fares between Fresno, on the 4. A copy of this order be filed with the convenience and necessity. If a protest one hand, and Grand Junction and Spo­ aforesaid tariff and be served upon or petition for leave to intervene is kane, on the other. The proposed jet fares United Air Lines, Inc. timely filed, or if the Commission on its bear an expiration date of December 31, This order will be published in the own motion believes that a formal hear­ 1968, whenever they are higher than the Federal R egister. ing is required, further notice of such present propeller fares. hearing will be duly given. In support of its proposal, United as­ By the Civil Aeronautics Board.3 Under the procedure herein provided serts that the proposed fares are being [ seal] H arold R. Sanderson, for, unless otherwise advised, it will be added in connection with the inaugura­ Secretary. unnecessary for Applicant to appear or tion of new jet service. [F.R. Doc. 68-9318; Filed, Aug. 2, 1968; be represented at the hearing. No complaints have been filed. 8:48 am .] Six of the jet first-class, 11 of the jet G ordon M. G rant, coach fares, and one propeller first-class Secretary. are Pr°P°secL at levels in excess of [F.R. Doc. 68-9291; Filed, Aug. 2, 1968; the industry average fare for the distance FEDERAL POWER COMMISSION 8:45 a.m.] and class of service involved. The carrier, . °Y.®ver> kas shown no basis or economic [Docket No. CP69-14] justification for its proposal. The Board concludes that the proposed fares above VALLEY GAS TRANSMISSION, INC. FEDERAL RESERVE SYSTEM tne industry average (rounded) should Notice of Application FEDERAL OPEN MARKET COMMITTEE p® Permitted to become effective without investigation, and accordingly, July 29, 1968. Current Economic Policy Directive ff.res ^ 1)6 suspended and an in­ Take notice that on July 22,1968, Val­ vestigation instituted. Since, of the re- ley Gas Transmission, Inc. (Applicant), In accordance with § 271.5 of its Rules ¡¡£ ¡5 * Proposed fares, five jet first- Houston Natural Gas Building, 1200 Regarding Availability of Information, there is set forth below the Committee’s PYktwd+S1^2et fares would, under Travis, Box 1188, Houston, Tex. 77001, filed in Docket No. CP69-14 an applica­ Current Economic Policy Directive issued rules> ** *° establish at its meeting held on April 30, 1968.1 r - C ed Je* flrst"class and coach tion pursuant to section 7(b) of the **esno and other Points Natural Gas Act for permission and ap­ The information reviewed at this meeting system at levers above the proval to abandon service to Tennessee indicates that overall economic activity has wffltiS average, these proposed jet fares Gas Pipeline Co. (Tennessee) for the expanded at a very rapid pace thus far in account of Texkan Oil Co. (Texkan), and 1968, with prices rising substantially, and We wiiTrS6 sVfPonded and investigated, that prospects are for a continuing rapid jet however, the remaining to Trunkline Gas Co. (Trunkline), all advance in activity and persisting inflation­ clai fnLt ? reduced Propeller first- as more fully set forth in the application ary pressures in the period ahead. Since late Tn «5es become effective. which is on file with the Commission and fall, growth rates of bank credit, the money fin£ th a f circumstances, the Board open to public inspection. supply, and time and savings accounts at jet eLSf* ,***? Proposed jet first-class, Specifically, Applicant requests au­ financial institutions have on balance mod­ set forth Pr°P^iler first-class fares thority to abandon the transportation erated considerably. Market interest rates may bp lmi, ^PPendix A, attached hereto service which it rendered for Texkan have risen in recent weeks, partly in reaction pursuant to the Commission’s certificate to the firming of monetary policy including °r treasonable, or unduly the further increase in Federal Reserve dis­ u n d S f ? r S <0r Ynduly Preferential, or order issued March 23, 1965 in Docket count rates. The U.S. foreign trade balance lawful. prejudicial. or otherwise un- Nos. CI62-124 and CI61-1043 (33 FPC has worsened further, and the international 604). Applicant also requests authority payments position of the United States con­ to abandon service to Trunkline which tinues to be a matter of serious concern. In Avia^rf^A^iy’^?Uir«UarL^ to the Federal was authorized by the Commission’s cer­ this situation, it is the policy of the Federal sections 204(0) *£5 particularly tificate order issued May 31, 1962 in Open Market Committee to foster financial thereof, (a)’ 403> 404* and 1002 Docket No. CI61-909. Applicant states conditions conducive to resistance of infla­ is ordered, That: that all of these services have been tionary pressures and attainment of reason­ abandoned as a matter of fact because able .equilibrium in the country’s balance of deternfinenwha^ati?? ^ instituted to payments. the gas supplies have been depleted. Ap­ To implement this policy, while taking sions descrihPrt^A fares and provi- plicant states that no abandonment of hereto, and rul^ Appe,nd?x A 1# attached account of Treasury financing activity, Sys­ tices affectinw S’ populations, and prac- facilities is involved since the facilities tem open market operations until the next necessary to commence these services meeting of the Committee shall be con­ are or will h/Vi^- fa/ es and Provisions, were constructed by producers supplying ducted with a view to maintaining the firmer unjustly discrirni^JJ+St °r treasonable, the gas to Applicant. conditions prevailing in the money market: ential, unduly Prefer- Provided, however, That operations shall be unlawful and Hr®Judieial, or otherwise Protests or petitions to intervene may ____ju^and if found to be unlawful, be filed with the Federal Power Com­ mission, Washington, D.C. 20426, in ac­ 1 The Record of Policy Actions of the Com­ cordance with the rules of practice and mittee for the meeting of Apr. 30, 1968, is Publishers, Inc.. filed as part of the original document. Copies la Filed as pan a n ^ i^ L:3 led June 26- 1968- Member Adams’ dissenting statement are available on request to the Board of part of the original document. 2 Governors of the Federal Reserve System, filed as part of the original document. Washington, D.C. 20551.

FEDERAL REGISTER, VOL^ 33, NO. 151— SATURDAY, AUGUST 3, 1968 11102 NOTICES modified, to the extent permitted by Treasury Argentina. In that request, the U.S. Gov­ A detailed description of Category 9, in financing, if bank credit appears to be devi­ ernment indicated that exports in this terms of T.S.U.S.A. numbers was published in ating significantly from current projections. the Federal Register on January 17, 1968 category from Argentina should be re­ (33 P.R. 582), and amendments thereto on Dated at Washington, D.C., the 25th strained at a level to be determined March 15, 1968 (33 F.R. 4600). day of July 1968. through consultation. Following those In carrying out the above directions, entry consultations, the U.S. Government in into the United States for consumption shall By order of the Federal Open Market furtherance of the objectives of, and- be construed to include entry for consump­ Committee. under the terms of, the Long-Term tion into the Commonwealth of Puerto Rico. A rthur L. B roida, Arrangement Regarding International The actions taken with respect to the Gov­ Assistant Secretary. ernment of the Argentine Republic and with Trade in Cotton Textiles done at Geneva respect to imports of cotton textiles and [PR. Doc. 68-9292; Piled, Aug. 2, 1968; on February 9, 1962, including Article 3, cotton textile products from the Argentine 8:46 a.m.] paragraph 3, and Article 6(c) which re­ Republic have been determined by the Presi­ lates to nonparticipants, is establishing dent’s Cabinet Textile Advisory Committee a restraint at the level of 607,753 square to involve foreign affairs functions of the FEDERAL OPEN MARKET COMMITTEE yards for the 12-month period beginning United States. Therefore, the directions to the Commissioner of Customs, being necessary to Authorization for System Foreign July 19, 1968, and extending through the implementation of such actions, fall Currency Operations July 18, 1969. This restraint does not within the foreign affairs exception to the apply to cotton textiles in Category 9 notice provisions of 5 U.S.C. 553 (Supp. II, In accordance with § 271.5 of its Rules produced or manufactured in Argentina 1965-66)-. This letter will be published in the Regarding Availability of Information, and exported to the United States prior Federal Register. there is set forth below paragraph IB(3) to July 19, 1968. Sincerely yours, of the Committee’s Authorization for There is published below a letter of C. R. Smith, System Foreign Currency Operations, as July 30, 1968, from the Chairman of the Secretary of Commerce, Chairman, amended at its meeting on April 30,1968. President’s Cabinet Textile Advisory President’s Cabinet Textile Ad­ 1. The Federal Open Market Commit­ Committee to the Commissioner of Cus­ visory Committee. tee authorizes and directs the Federal toms, directing that the amount of cot­ [F.R. Doc. 68-9304; Filed, Aug. 2, 1968; Reserve Bank of New York, for System ton textiles in Category 9, produced or 8:46 a.m.] Open Market Account, to the extent manufactured in Argentina which may necessary to carry out the Committee’s foreign currency directive; be entered or withdrawn from ware­ CERTAIN COTTON TEXTILE PROD­ * * * * * house for consumption in the United UCTS PRODUCED OR MANUFAC­ States for the 12-month period begin­ B. To hold foreign currencies listed in TURED IN MEXICO paragraph A above, up to the following ning July 19, 1968, be limited to the des­ Entry and Withdrawal From Ware­ limits: ignated level. house for Consumption * He * * * Stanley Nehmer, Chairman, Interagency Textile J uly 30, 1968. (3) Sterling purchased on a covered or Administrative Committee, guaranteed basis in terms of the dollar, On June 29, 1968, there was published and Deputy Assistant Secre­ in the F ederal R egister (33 F.R. 9568) under agreement with the Bank of Eng­ tary for Resources. land, up to $250 million equivalent. a letter dated June 27, 1968, from the Secretary of Commerce Chairman of the President’s Cabinet (Note.—For remainder of paragraph 1 of Textile Advisory Committee to the Oom- the authorization, see 33 P.R. 3665; for para­ President’s Cabinet T extile Advisory Committee missioner of Customs, amending and ex­ graph 2, see 33 P.R. 9045; for paragraph 3, tending the temporary level of restraint see 33 P.R. 8470; and for paragraphs 4 Commissioner of Customs, through 10, see 32 P.R. 9583.) for cotton textiles and cotton textile Department of the Treasury, products in Categories 28 through 64, Dated at Washington, D.C., the 25th Washington, D.C. 20226 Mexico and July 30, 1968. produced or manuf actured in day of July 1968. exported to the United States during the Dear Mr. Commissioner: Under the terms By order of the Federal Open Market of the Long-Term Arrangement Regarding 3-month period beginning May 1, l»®». Committee. International Trade in Cotton Textiles done and extending through July 31, 19b». A rthur L. B roida, at Geneva on February 9, 1962, including Pursuant to consultations with the Gov* Assistant Secretary. Article 6(c) thereof relating to nonpartici­ ernment of Mexico, it has been deter­ pants, and in accordance with the procedures mined that this level for Categories [P.R. Doc. 68-9293; Piled, Aug. 2, 1968; outlined in Executive Order 11052 of Sep­ through 64, shall remain in effect for an 8:46 a.m.] tember 28, 1962, as amended by Executive additional 9-month period beginning on Order 11214 of April 7, 1965, you are directed to prohibit, effective as soon as possible, and August 1, 1968, and extending througn for the 1*2-month period beginning July 19, April 30, 1969. 1968, and extending through July 18, 1969, Accordingly, there is published be ow INTERAGENCY TEXTILE entry into the United States for consump­ a letter of July 30, 1968, from the Chair­ tion and withdrawal from warehouse for man of the President’s Cabinet Textu ADMINISTRATIVE COMMITTEE consumption, of cotton textiles in Category Advisory Committee to the Comm - 9, produced or manufactured in Argentina, CERTAIN COTTON TEXTILES AND COT­ in excess of a level of restraint for the period sioner of Customs, further amending TON TEXTILE PRODUCTS PRO­ of 607,753 square yards.1 directive of April 30,1968. DUCED OR MANUFACTURED IN In carrying out tlûs directive, entries of Attention is called to the cotton textiles in Category 9, produced or tries for consumption and withdrawal THE ARGENTINE REPUBLIC manufactured in the Argentine Republic and fr o m warehouse for consumP which have been exported to the United charged by the Bureau of Ciistom Entry and Withdrawal From Ware­ States from Argentina prior to July 19, 1968, house for Consumption shall not bè subject to this directive. against the level of restraint f°r In addition, cotton textile products which gories 28 through 64 have already July 30, 1968. have been released from the custody of the hausted the level for the perio On May 17, 1968, the U.S. Government Bureau of Customs under the provisions of 1,058,335 square yards equivalent. requested the Government of the 19 U.S.C. 1448(b) prior to the effective date S tanley Nehmer, Argentine Republic to enter into con­ of this directive shall not be subject to this Chairman, Interagency Textile directive. sultations concerning exports to the Administrative Committee, United States of cotton textiles in Cate­ 1 This level has not been adjusted to reflect and Deputy Assistant Secre­ gory 9, produced or manufactured in any entries made on or after July 19, 1968. tary for Resources.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 NOTICES 11103

Secretary of Commerce cotton textile products in Categories 1 553 (Supp. H, 1965—66). This letter will be President’s Cabinet T extile Advisory through 64 valued at $250 or less and im­ published in the Federal Register. Committee ported for the noncommercial personal Sincerely yours, Commissioner of Customs, use of the individual importing such Lawrence C. McQuade, Department of the Treasury, merchandise shall not be subject to any Acting Secretary of Commerce, Washington, D.C. 20226. level of restraint or other entry require­ Chairman, President’s Cabinet ' July 30,1968. ments now or hereafter put into effect Textile Advisory Committee. pursuant to either Article 3 of the Long- Dear Mr. Commissioner: Tills directive [F.R. Doc. 68-9306; Filed, Aug. 2, 1968; further amends but does not cancel the di­ Term Arrangement or any bilateral cot- 8:47 ajn.] rective issued to you on April 30, 1968, from , ton textile agreement negotiated under the Chairman of the President’s Cabinet Tex­ Article 4 of the aforesaid Arrangement. tile Advisory Committee, establishing tem­ This is intended to clarify an existing CERTAIN COTTON TEXTILES AND COT­ porary levels for the entry into the United administrative practice of the Bureau TON TEXTILE PRODUCTS UNDER States for consumption, and withdrawal from of Customs designed to avoid inconveni­ THE LONG-TERM ARRANGEMENT warehouse for consumption, of cotton tex­ ence, to individuals importing items of tiles and cotton textile products in Categories REGARDING INTERNATIONAL 1 through 64, produced or manufactured in limited value for personal use, and, in TRADE IN COTTON TEXTILES Mexico, beginning on May 1, 1968, and particular, those returning from overseas extending through May 31,1968. travel. Exemptions From Levels of Restraint The first sentence of the first paragraph of the directive of April 30, 1968, as amended, is Accordingly, there is published below J u l y 30,1968. further amended to read as follows: a letter of July 29,1968, from the Chair­ The purpose of this notice is to an­ “Under the terms of the Long-Term Ar­ man of the President’s Cabinet Textile nounce that entries of paintings, which rangement Regarding International Trade are in chief value of cotton, executed in Cotton Textiles done at Geneva on Febru­ Advisory Committee to the Commission­ ary 9, 1962, pursuant to the bilateral cotton er of Customs setting out the above partially by hand, or by stencil or other textile agreement of June 2,1967, between the mechanical processes shall not be sub­ exemptions. ject to any level of restraint or other Governments of the United States and S tanley Nehmer, Mexico, and in accordance with Executive Chairman, Interagency Textile entry requirements now or hereafter Order 11052 of September 28, 1962, as put into effect pursuant to either Article amended by Executive Order 11214 of Administrative C om m ittee, 3 of the Long-Term Arrangement or any April 7, 1965, you are directed to prohibit, and Deputy Assistant Secre­ bilateral cotton textile agreement nego­ effective May 1, 1968, and for the 12-month tary for Resources. period extending through April 30, 1969, tiated under Article 4 of the aforesaid Secretary of Commerce entry into the United States for consumption Arrangement. It has been determined and withdrawal from warehouse for con­ President’s Cabinet T extile Advisory that such paintings are not properly sumption of cotton textiles and cotton textile Committee classified as cotton textiles or cotton products in Categories 28 through 64, pro­ Commissioner of Customs, textile products and should therefore be duced or manufactured in Mexico, in excess Department of the Treasury, excluded from the operation of the of an adjusted level of restraint for the period above-mentioned authorities. of 1,058,335 square yards equivalent.” Washington, D.C. 20226. July 29, 1068. The directive of April 30, 1968, as amended, Accordingly, there is published below is further amended by substituting ‘Twelve- Dear Mr. Commissioner : Under the terms a letter of July 29, 1968, from the Chair­ Month Level of Restraint” for the heading of the Long-Term Arrangement Regarding man of the President’s Cabinet Textile Three-Month Level of Restraint” applicable International Trade in Cotton Textiles done Advisory Committee to the Commis­ to Categories 63 and 64. at Geneva on February 9, 1962, including sioner of Customs setting out the above Articles 3 and 6(c) thereof relating to non­ exemptions. The levels set forth in the directive of participants, pursuant to bilateral cotton April 30, 1968, as further amended hereby, textiles agreements between the United S tanley Nehmer, not been adjusted to reflect entries or States and exporting countries negotiated Chairman, Interagency Textile withdrawals from warehouse made on or after May 1,1968. under Article 4 of the aforesaid Arrange­ Administrative Committee, ment, and in accordance with the procedures and Deputy Assistant Secre­ The actions taken with respect to the outlined in Executive Order 11052 of Sep­ tary for Resources. w 6!?“ 1611* of ■Mexico and with respect to tember 28, 1962, as amended by Executive °L cotton textiles and cotton textile Order 11214 of April 7, 1965, you are dirècted, Secretary of Commerce hTr°+vfCt?,from Mexico have been determined effective as soon as possible, and until further President’s Cabinet T extile Advisory I O “ President’s Cabinet Textile Advisory notice, to exclude from the coverage of any Committee wnunittee to involve foreign affairs func- directives issued pursuant to the aforemen­ diro/>*4°* ^ ‘ited States. Therefore,, the tioned authorities cotton textiles and cotton Commissioner of Customs, bPi™l0nS to the Commissioner of Customs, textile products satisfying the following Department of the Treasury, snrtg«n«Ces5ary to the implementation of requirements : Washington, D.C. 20226. exceDtim!01? ’ *2? ^thtn the foreign affairs Cotton textiles and cotton textile products July 29,1968. USc^ ksq ^ the n°tice provisions of 5 in Categories 1 through 64 entered in quan­ Dear Mr. Commissioner : Under the terms will h e S L SJ*PP; n * 1965—66). This letter tities valued at $250 or less which are im­ of the Long-Term Arrangement Regarding published in the Federal Register. ported for the noncommercial personal use of International Trade in Cotton Textiles done Sincerely yours, the individual importing the said merchan­ art: Geneva on February 9, 1962, including Articles 3 and 6(c) thereof relating to non­ C. R. Sm it h , dise. Secretary of Commerce/ Chairman, A detailed description of the categories in participants, pursuant to bilateral cotton President’s Cabinet Textile Ad­ terms of TS.U.S.A. numbers was published textile agreements between the United States and exporting countries negotiated under visory Committee. in the Federal Register on January 17, 1968 Article 4 of the aforesaid Arrangement, and fp R. Doc. 68-9305; Filed, Aug. 2, 1968; (33 F'R. 582), and amendments thereto on March 15, 1968 (33 F.R. 4600). in accordance with the procedures outlined 8:47 a.m.] in Executive Order 11052 of September 28, In carrying out the above directions, entry 1962, as amended by Executive Order 11214 into the United States for consumption shall of April 7, 1965, you are directed, effective be construed to include entry for consump­ CE? Í m N,SOTTON tex tiles a n d cc as soon as possible, and until further notice, tion into the Commonwealth of Puerto Rico. to exclude from the coverage of any direc­ tu? .1EXT,LE PRODUCTS UND The actions taken with respect to the tives issued pursuant to the aforementioned P Í E JONC-TERM a r r a n g e m e administration of controls on imports of authorities cotton textiles and cotton textile cotton textiles and cotton textile products products satisfying the following require­ TRAr^R.? ,'? G ,NTERNAT,ON produced or manufactured abroad have been TRADE in c o tto n tex tiles ments: determined by the President’s Cabinet Textile Paintings, which are in chief value of cot­ Exemptíons From Levels of Restra Advisory Committee to involve foreign affairs ton, executed partially by hand, or by sten­ functions of the United States. Therefore, cil or other mechanical processes. r« July 30, 1068 the directions to the Commissioner of Cus­ In carrying out the above directions, entry toms being necessary for the implementation into the United States for consumption shall ftounco °f this notlce is to f unce that entries of cotton textiles a of such actions, fall within the foreign affairs be construed to include entry for consump­ exception to the notice provisions of 5 U.S.C. tion into the Commonwealth of Puerto Rico.

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11104 NOTICES

The actions taken with respect to the ad­ proposed transactions. All interested per­ other State commission and no Federal ministration of controls on imports of cotton sons are referred to the joint application- commission, other than this Commission, textiles and cotton textile products produced declaration, which is summarized below, has jurisdiction over the proposed trans­ or manufactured abroad have' been deter­ for a complete statement of the proposed action. The orders of the State commis­ mined by the President’s Cabinet Textile Ad­ transactions. sions with the papers and documents visory Committee to involve foreign affairs Appalachian is engaged in the con­ filed and to be filed with these commis­ functions of the United States. Therefore, sions will be supplied by amendment. the directions to the Commissioner of Cus­ struction of a 1,600 mw coal fired electric toms being necessary for the implementation generating plant near Moundgville, Notice is further given that any in­ of such actions, fall within the foreign W. Va., to be known as the Mitchell Plant. terested person may, not later than affairs exception to the notice provisions of The plantsite covers approximately 235.5 August 22, 1968, request in writing that 5 U.S.C. 553 (Supp. II, 1965-66). This letter acres and is located on the Ohio River ’a hearing be held on such matter, stating will be published in the F ederal R egister. near Ohio’s Kammer Plant. Construc­ the nature of his interest, the reasons for Sincerely yours, tion was begun in 1967 with certain such request, and the issues of fact or law raised by the filing which he desires to Lawrence C. McQuade, foundation and structural work now Acting Secretary of Commerce, completed. Appalachian has numerous controvert; or he may request that he be Chairman, President’s Cabinet contracts for the supply of construction notified if the Commission should order a Textile Advisory Committee. equipment, materials, and labor and also hearing thereon. Any such request should be addressed: Secretary, Securities and [F.R. Doc. 68-9306; Filed, Aug. 2, 1968; has a contract for a coal supply. In addi­ 8:47 a.m.] tion, Appalachian has an option to pur­ -Exchange Commission, Washington, chase adjacent tracts of land to be used D.C. 20549. A copy of such request should for ash disposal, transmission lines, a be served personally or by mail (airmail substation, and other facilities. if the person being served is located more SECURITIES AND EXCHANGE Appalachian and Ohio have entered than 500 miles from the point of mail­ into an agreement pursuant to which the ing) upon the applicants-declarants at COMMISSION Mitchell Plant site, together with all ma­ the above-stated addresses, and proof of service (by affidavit or, in case of an AMERICAN CHECKMASTER SYSTEM, terials incorporated into the construc­ tion, and the option to purchase the attorney at law, by certificate) should INC. adjacent land will be transferred from be filed with the request. At any time after said date, the joint application- Order Suspending Trading Appalachian to Ohio. Ohio will pay Appalachian its total construction costs declaration, as filed or as it may be J u l y 30,1968. as of the date of closing, which as of amended, may be granted and permitted It appearing to the Securities and Ex­ May 31, 1968, amounted to $22,084,608, to become effective as provided in Rule 23 change Commission that the summary and Ohio will assume all of Appalachian’s of the general rules and regulations suspension of trading in the common obligations incurred in connection with promulgated under the Act, or the Com­ stock of American Checkmaster System, the construction of the Mitchell Plant. mission may grant exemption from such Inc., Houston, Tex., being traded other­ Ohio will use available cash to pay the rules as provided in Rules 20(a) and 100 wise than on a national securities ex­ purchase price. thereof or take such other action as it change is required in the public interest It is stated that in the early part of may deem appropriate. Persons who re­ and for the protection of investors; 1968, Appalachian had also considered quest a hearing or advice as to whether a It is ordered, Pursuant to section 15 the suitability of a site near Scary, W. Va. hearing is ordered will receive notice of (c) (5) of the Securities Exchange Act of for the location of a new generating further developments in this matter, in­ 1934, that trading in such securities plant. As a result of an evaluation, it was cluding the date of the hearing (if or­ otherwise than on a national securities concluded that it would be preferable dered) and any postponements thereof. exchange be summarily suspended, this from the standpoint of the system as a For the Commission (pursuant to dele­ order to be effective for the period whole for Appalachian to proceed with gated authority). July 31, 1968, through August 4, 1968, construction of a plant at Scary to be [seal] Nellye A. T horsen, both dates inclusive. known as the John E. Amos Plant and Assistant Secretary. for Ohio to postpone construction of a By the Commission. new generating plant elsewhere, but, in- [F.R. Doc. 68-9311; Filed, Aug. 2, 1968; [SEAL] NELLYE A . THORSEN, stèad, to take ovqr construction and 8:47 a.m.] Assistant Secretary. operation of the Mitchell Plant. It is [F.R. Doc. 68-9310; Filed, Aug. 2, 1968; further stated that if both the Mitchell 8:47 a.m.] and Amos plants were owned and oper­ SMALL BUSINESS ated by Appalachian, there would be, as between Appalachian and Ohio, a sub­ [70-4654] stantial imbalance of generating capac­ ADMINISTRATION AMERICAN ELECTRIC POWER CO., ity as related to load and in addition, if [Declaration of Disaster Loan Area 679] both such plants were constructed, INC, ET AL. owned, and operated by Appalachian, NEW MEXICO Notice of Proposed Intrasystem Trans­ Appalachian, in view of present high in­ Declaration of Disaster Loan Area fer of Utility Plant Under Construc­ terest rates and its_ other anticipated construction commitments, might be Whereas, it has been reported that tion and Related Transactions burdened financially to an 'extent luring the month of July 1968, because J u l y 30,1968. not consistent with prudent financial he effects of certain disasters, damage management. esulted to residences and business prop* Notice is hereby given that American ¡rty located in the county of Santa r e, Electric Power Co. (“AEP”) , 2 Broadway, The filing states that the only fees, commissions, or other expenses in con­ he State of New Mexico; , . ... New York, N.Y. 10004, a registered hold­ Whereas, the Small Business Admbus ing company, and two of its electric nection with the proposed transactions will be transfer taxes, and recordation ration has investigated and has ___ utility subsidiary companies, Appalach­ »ther reports of investigations of co ian Power Co. (“Appalachian” ), 20 fees and miscellaneous legal and engi­ Franklyn Road, Roanoke, Va. 24001, and neering fees and other expenses not ex­ ions in the area affected; .ing ceeding $2,500. It is further stated that Whereas, after reading and evaluating Ohio Power Co. (“Ohio” ), 301 Cleveland •eports of such conditions, I find th Avenue SW., Canton, Ohio 44702, have the proposed transfer is subject to the jurisdiction of the State Corporation ¡onditions in such area constitute » filed a joint application-declaration with catastrophe within the purview of this Commission pursuant to the Public Commission of Virginia, in which State Appalachian is organized and doing busi­ Small Business Act, as amended. Utility Holding Company Act of 1935 Now, therefore, as Acting Admi (“Act”), designating sections 9(a)(1), ness, and the Public Service Commission of West Virginia, in which State Ap­ ;rator of the Small Business Administra 10, and 12 of the Act and Rule 43 promul­ don, I hereby determine that: gated thereunder as applicable to the palachian is doing business, and that no

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 NOTICES 11105

1. Applications for disaster loans un­ under section 210a(a) of the Interstate No. MC 111045 (Sub-No. 62 TA), filed der the provisions of section 7(b) (1) Commerce Act provided for under the July 26, 1968. Applicant: REDWING of the Small Business Act, as amended, new rules of Ex Parte No. MC-67 (49 CFR CARRIERS, INC., Post Office Box 426, may be received and considered by the Part 340) published in the F ederal 7809 Palm River Road, Tampa, Fla. office below indicated from persons or R egister, issue of April 27, 1965, effective 33601. Applicant’s representative: J. V. firms whose property, situated in the July 1, 1965. These rules provide that McCoy (same address as above). Author­ aforesaid county, and argas adjacent protests to the granting of an applica­ ity sought to operate as a common car­ thereto, suffered damage or destruction tion must be filed with the field official rier, by motor vehicle, over irregular resulting from floods occurring on July named in the F ederal R egister publica­ routes, transporting: Ilmenite ore, in 25,1968. tion, within 15 calendar days after the bulk, in tank or hopper type vehicles, Office date of notice of the filing of the applica­ from Highland and Trailridge, Fla., to Small Business Administration Regional Of­ tion is published in the F ederal R egister. Jacksonville, Fla.,Tor subsequent move­ fice, 500 Gold Avenue SW., Albuquerque, One copy of such protest must be served ment by water, for 180 days. Supporting N.Mex. 87101, on the applicant, or its authorized rep­ shipper: E. I. du Pont de Nemours & 2. Applications for disaster loans under resentative, if any, and the protests Co., Inc., Wilmington, Del. 19898. Send the authority of this declaration will not must certify that such service has been protests to: District Supervisor Joseph be accepted subsequent to January 31, made. The protests must be specific as B. Teichert, Interstate Commerce Com­ 1969. to the service which such protestant can mission, Bureau of Operations, Room and will offer, and must consist of a Dated: July 29,1968. 1226, 51 Southwest First Avenue, Miami, signed original and six copies. Fla. 33130. H oward G reenberg, A copy of the application is on file, and No. MC 111170 (Sub-No. 125 TA), filed Acting Administrator. can be examined at the Office of the Sec­ July 26, 1968. Applicant: WHEELING [PR. Doc. 68-9294; Piled, Aug. 2, 1968; retary, Interstate Commerce Commis­ PIPE LINE, INC.; Post Office Box 1718, 8:46 a.m.] sion, Washington, D.C., and also in the El Dorado, Ark. 71730. Authority sought field office to which protests are to be to operate as a common carrier, by mo­ transmitted. tor vehicle, over irregular routes, trans­ M otor Carriers op P roperty porting: Aluminum sulfate, in bulk, in INTERSTATE COMMERCE tank vehicles, from Pine Bluff, Ark., to No. MC 239 (Sub-No. 24 TA), filed Amarillo, Tex., for 150 days. Supporting COMMISSION July 25, 1968. Applicant: ECKLAR- shipper: Allied Chemical Corp., 40 Rector MOORE EXPRESS, INC., Forbes Road, Street, New York, N.Y. 10006. Send pro­ FOURTH SECTION APPLICATIONS FOR Extended, Lexington, Ky. 40505. Appli­ tests to: District Supervisor William H. RELIEF cant’s representative: Robert H. Kinker, Land, Jr., Interstate Commerce Commis­ 711 McClure Building, Frankfort, Ky. July 31, 1968. sion, Bureau of Operations, 2519 Federal 40601. Authority sought to operate as a Office Building, 700 West Capitol, Little Protests to the granting of an appliea- common carrier, by motor vehicle, over Rock, Ark. 72201. won must be prepared in accordance with regular1 routes, transporting: General No. MC 113678 (Sub-No. 322 TA), filed Rule 1100.40 of the general rules of prac- commodities, serving the plantsite of the (49 CFR 1100.40) and filed within July 25, 1968. Applicant: CURTIS, INC., Ford Motor Co. at the intersection of 770 East 51st Avenue, Post Office Box 15 days for the date of publication of this Westport Road and Murphy Lane in Jef­ notice in the Federal R egister. 16004, Stockyards Station, Denver, Colo. ferson County, Ky., as an off-route point 80216. Applicant’s representative: Oscar Long- and-S hort H aul in connection with existing authority, for Mandel (same address as above). Au­ 180 days. Note: Applicant proposes to PSA No. 41407—Grain and grain prod- thority sought to operate as a common tack to other authority held by it in MC carrier, by motor vehicle, over irregular uctsfj-om points in South Dakota. Filed 239. Supporting shipper: C. F. Wilkins, Nortliem Railway Co., (No. routes, transporting: Processed sausage, Supervisor, Parts and Material Analysis from Palmyra, Pa., to points in Illinois, ’ *or.itself- Rates on grain and grain Section, Transportation and Traffic ^ carloads, as described in the Iowa, Missouri, Kansas, Oklahoma, Ne­ Analysis Department, Ford Motor Co., braska, Colorado, Utah, Arizona, and application, from points in South Dakota, The American Road, Dearborn, Mich. to Sioux City, Iowa. California, for 180 days. Supporting Send protests to: R. W. Schneiter, Dis­ shipper: Palmyra Bologna Co., Inc., Pal­ Grounds for relief—Motortruck com- trict Supervisor, Interstate Commerce peution and carrier competition. myra, Pa. 17078. Send protests to: Dis­ Commission, Bureau of Operations, 203 trict Supervisor Herbert C. Ruoff, Inter­ P™ ^ T ^ upplement 49 to Great North- Featherston Building, 177 North Upper tariff ICC A-9229. state Commerce Commission, Bureau of Street, Lexington, Ky. 40507. Operations, 2022 Federal Building, Den­ rate** ^°* 41499—Class and commodity No. MC 2962 (Sub-No. 38 TA), filed ver, Colo. 80202. W Ga- RUed by O. July 25, 1968. Applicant: A & H TRUCK No. MC 116544 (Sub-No. 94 TA), filed t e r S ? 1’ i f ” agBnt> (No- A6039), for in- LINE, INC., 1111 East Louisiana Street, July 25, 1968. Applicant: WILSON m ovwVaii carriers. Rates on property Evansville, Ind. 47717. Applicant’s rep-- BROTHERS TRUCK LINE, INC., 700 twwvn class and commodity rates, be- resentative: Robert H, Kinker, 711 Mc­ East Fairview Avenue, Post Office Box Point« P 3"’ on ('he one hand, and Clure Building, Frankfort, Ky. 40601. 636, Carthage, Mo. 64836. Authority on SS United states and Canada, Authority sought to operate as a com­ sought to operate as a common carrier, mon carrier, by motor vehicle, over ir­ by motor vehicle, over irregular routes, n S S K ? “ for relief-New station and regular routes, transporting: General transporting: Meats, meat products, commodities, from Louisville, Ky., to the meat byproducts, and articles distributed By the Commission. plantsite of Ford Motor Co. located at the by meat packinghouses, as described in intersection of Westport Road and Mur­ sections A and C of appendix I as de­ ^SEAI^ H. Neil G arson, phy Lane in Jefferson County near fined by the Commission (except com­ ipb . Secretary. Louisville, for 180 days. Note: Applicant • 68-9328; Piled, Aug. 2, 1968; intends to tack the authority sought modities in bulk, in tank vehicles, and 8:48 a.m.] herein with its existing authority under hides) from Pratt, Kans., to points in MC 2962 and various sub thereunder. Florida, Georgia, Alabama, South Caro­ [Notice 659] Supporting shipper: Ford Motor Co., The lina, North Carolina, Tennessee, Mis­ American Road, Dearborn, Mich. Send sissippi, Louisiana, Texas, Arkansas, Man?.!L »ARR,ER TEMPORARY protests to: District Supervisor James a u th o rity applications Oklahoma, Missouri, Nebraska, Iowa, Illi­ W. Habermehl, Bureau of Operations, nois, Indiana, Kentucky, Minnesota, and The f JtTLY 30> 1968. Interstate Commerce Commission, 802 Wisconsin, for 150 days. Supporting aPplicatimisWlfora +e notices of ffllnS of Century Bldg., 36 South Pennsylvania 'shipper: Fletcher’s Packing Co., Post ns for temporary authority Street, Indianapolis, Ind. 46204. Office Box 510, Pratt, Kans. 67124. Send

-FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 11106 NOTICES protests to: John V. Barry, District Su­ Green Bay over Wisconsin Highway 29 Commerce Commission, 531 Hawley pervisor, Interstate Commerce Commis­ to junction of Wisconsin Highway 29 and Building, Wheeling, W. Va. 26003. sion, Bureau of Operations, 1100 Federal Wisconsin Highway 32, thence over Wis­ By the Commission. Office Building, 911 Walnut Street, Kan­ consin Highway 32 to Pulaski, thence over Wisconsin Highway 160 to Angelica, [ seal] H. Neil G arson, sas City, Mo. 64106. Secretary. No. MC 123490 (Sub-No. 8 TA), filed thence over Wisconsin Highway 29 to July 26, 1968. Applicant: CHIP CAR­ Wittenberg, Wis., thence over U.S. High­ [F.R. Doc. 68-9329; Filed, Aug. 2, 1968; RIERS, INC., 1217 South 24 Street, way 45 to junction of U.S. Highway 45 8:49 a.m.] Omaha, Nebr. 68108. Applicant’s repre­ and Wisconsin Highway 47, thence over sentative : Einar Viren, 904 City National Wisconsin Highway 47 to Woodruff, Wis., [Notice 660] Bank Building, Omaha, Nebr. 68102. thence over U.S. Highway 51 to Hurley, Authority sought to operate as a contract Wis., thence over U.S. Highway 2 to MOTOR CARRIER TEMPORARY carrier, by motor vehicle, over irregular Ashland and return over the same route. AUTHORITY APPLICATIONS Between Hurley, Wis., and Ironwood, routes^ transporting: Chips, twists, or JuLy 31, 1968. puffs made of flour, meal, dough, or mush Mich., from Hurley over U.S. Highway (Doritos, tortilla chips and cheetos, 2 and Highway BR 2 to Ironwood, Mich, The following are notices of filing of cheese flavored puffs) and fried pork and return over the same route. Restric­ applications for temporary authority skins (Bakenets fried pork rinds), from tion: The service authorized above is sub­ under section 210a(a) of the Interstate Irving and Dallas, Tex., to points in ject to the following conditions: (1) The Commerce Act provided for under the Kansas, Missouri, Iowa, Nebraska, and service to be performed by carrier shall new rules of Ex Parte No. MC-67 (49 CFR Colorado, for 150 days. Supporting be restricted to that which is auxiliary Part 340), published in the F ederal ¡shipper: Frito-Lay, Inc., Dallas, Tex. to or supplemental of rail service of the R egister, issue of April 27, 1965, effec­ 75235. Send protest to: Keith P_. Kohrs, railroad. (2) Carrier shall not serve any tive July 1, 1965. These rules provide District Supervisor, Interstate Commerce points not a station on the line of the that protests to the granting of an ap­ Commission, Bureau of Operations, 705 railroad. (3) The service authorized plication must be filed with the field Federal Office Building, Omaha, Nebr. shall be Restricted to the transportation official named in the F ederal R egister publication, within 15 calendar days after 68102. of traffic having an immediately prior or No. MC 126603 (Sub-No. 3 TA), filed immediately subsequent movement by the date of notice of the filing of the July 26, 1968. Applicant: R. MENARD rail. (4) Such further specific conditions application is published in the F ederal TRANSPORT LTD., St. Phillippe, La- as the Commission in the future may find R egister. One copy of such protest must Prarie County, Quebec, Canada. Appli­ it necessary to impose in order to restrict be served on the applicant, or its au­ cant’s representative: John J. Brady, Jr., carrier’s service to that which is auxil­ thorized representative, if any, and the 75 State Street, Albany, N.Y. Authority iary to or supplemental of the service of protests must certify that such service sought to operate as a common carrier, the railroad, for 180 days. Supporting has been made. The protests must be by motor vehicle, over irregular routes, shippers: City of Rhinelander, Office of specific as to the service which such pro- transporting: Dressed lumber and rough the Mayor, Rhinelander, Wis. (P. A* testant can and will offer, and must con­ lumber, from the ports of entry located Taylor, Mayor) ; Chicago and North sist of a signed original and six copies. on the United States-Canada boundary Western Railway Co., Passenger Traffic A copy of the application is on file, and line, at or near Champlain, N.Y., and Department, 400 West Madison Street, can be examined at the Office of the Highgate Springs, Vt., to New York City, Chicago, 111. 60606 (R. B. Krehl) ; Mercer Secretary, Interstate Commerce Com­ N.Y., and Port Chester, N.Y.; Passaic, Chamber of Commerce, Mercer, Wis. mission, Washington, D.C., and also m Essex, Union, Middlesex Counties and (Bettly E. Snyder, President) ; Shawano the field office to which protests are to Merchantville, N. J.: . Philadelphia and Area Chamber of Commerce, 323 South be transmitted. Chester, Pa.; Hartford, Fairfield, and Main Street, Shawano, Wis.; Antigo Area M otor Carriers of Property New Haven Counties, Conn.; Boston and Chamber Commerce, Antigo, Wis. 54409. Send protests to: District Supervisor Lyle No. MC 2202 (Sub-No. 352 TA) . filed Hampshire County, Mass., for 150 days. July 26, 1968. Applicant: ROADWAj Supporting shippers: Lloyd W. Wise Heifer, Interstate Commerce Commis­ sion, Bureau of Operations, 135 West EXPRESS, INC., 1077 Gorge Boulevard, Lumber Co., Inc., Fifth Avenue, New Post Office Box 471, Akron, Ohio 443U». York, N.Y.; Furman Lumber, Inc., Top Wells Street, Room 807, Milwaukee, Wis. 53203. Applicant’s representative: Douglas w. Floor, Transit Building, 108 Massachu­ Faris (same address as above). Authority setts Avenue, Boston, Mass. 02il5; Lor­ M otor Carrier of Passengers sought to operate as a common earner, raine Lumber Co. Ltd., 4875 Dufferin by motor vehicle, over regular route, Road, Montreal 29, Quebec, Canada; No. MC 133046 (Sub-No. 1 TA), filed July 26, 1968. Applicant: AIRPORT transporting: General commodities (® Hebert Lumber, 01417 Charlevoix, Mon­ cept those of unusual value, classes treal, Quebec, Canada. Send protests to: LIMOUSINE SERVICE, INC., 24 North River Road, Wheeling, W. Va. 26003. and B explosives, livestock, household Martin P. Monaghan, Jr., District Super­ goods as defined by the Commissi > visor, Interstate Commerce Commission, Applicant’s representative: D. L. Ben­ nett, 206 First National Bank Building, commodities in bulk and those reqm_ , Bureau of Operations, 52 State Street, special equipment), serving the * Room 5, Montpelier, Vt. 05602. Wheeling, W. Va. 26003. Authority sought to operate as a common carrier, by motor Motor Co. plantsite at the intersecti M otor Carrier of Passengers vehicle, over irregular routes, transport­ of Westport Road and Murphy Lan ’ ing: Passengers and their baggage hav­ Jefferson County, near Louisville, Ry­ No. MC 15364 (Sub-No. 12 TA), filed an off-route point in connection with ap­ July 25, 1968. Applicant: WISCONSIN- ing prior or subsequent transportation by MICHIGAN COACHES, INC., 725 Smith air, between Wheeling, W. Va., and plicant’s authority to and from ville, Ky., for 180 days. Supporting sn p Street, Green Bay, Wis. 54302. Ap­ Greater Pittsburgh Airport located on Parkway West near Pittsburgh, Pa., for per: Ford Motor Co., The Amencan plicant’s representative: Rolfe E. Han­ Road, Dearborn, Mich. Send protests ■ son, 121 West Doty Street, Madison, 180 days. Supporting shippers: Stone & Thomas Department Stores, Wheeling, District Supervisor G. J. Baccei, I Wis. 53703. Authority sought to oper­ state Commerce Commission, Bureau ate as a common carrier, by motor ve­ W. Va.; St. Clair Travel Bureau, St. Clairville, Ohio; Security Travel Bureau, Operations, 181 Federal Office Bulling, hicle, over irregular routes, transport­ 1240 East Ninth Street, Cleveland, o ing: Passengers and their baggage, and Wheeling, W. Va.; Wheeling Automobile Club, Wheeling, W. Va.; Wheeling Dollar 44199. express in the same vehicle with pas­ No. MC 2401 (Sub-No. 44 TA),fig® sengers, between Green Bay and Ash­ Savings & Trust Co., Wheeling, W. Va.; July 26, 1968. Applicant: MCI land, JWis., serving all intermediate points Belmont County Automobile Club, FREIGHT CORPORATION, 2345 Soirt which are stations on the rail line of the Bridgeport, Ohio. Send protests to: 13th Street, Post Office Box ^O57, Idg_ Chicago & North Western Railway Co. Joseph A. Niggemyer, District Super­ Station, Terre Haute, Ind. 47802. AW> hereinafter called “Railroad,” from visor, Bureau of Opérations, Interstate cant’s representative: A. Charles

FEDERAL REGISTER, VOL. 33, NO. 151— SATURDAY, AUGUST 3, 1968 ‘ NOTICES 11107 100 East Broad Street, Columbus, Ohio lished F ederal R egister, issue of iJuly 26, Wilkins, Supervisor, Transportation and 43215. Authority sought to operate as a 1968, and republished as amended this common carrier, by motor vehicle, over Traffic Analysis Department, Ford Motor issue. Applicant: LEE WAY MOTOR Co., Dearborn, Mich. 48120. Send pro­ regular routes, transporting: General FREIGHT, INC., 3000 West Reno, Post tests to: Wayne L. Merilatt, District Su­ commodities (except those of unusual Office Box 82488, Exchange Branch, pervisor, Interstate Commerce Commis­ value, classes A and B explosives, house­ Oklahoma City, Okla. 73108. Applicant’s sion, Bureaq of Operations, 426 Post hold goods as defined by the Commission, representative: Richard H. Champlin Office Building, Louisville, Ky. 40404. commodities in bulk, and those requiring (same address as above). Authority No. MC 114679 (Sub-No. 12 TA), filed special equipment) serving Ford Motor sought to operate as a common carrier, July 29, 1968. Applicant: HOWARD H. Co. plantsite at the intersection of West- by motor vehicle, over irregular routes, KRAPF, doing business as KRAPF port Road and Murphy Lane, Jefferson transporting: General commodities, in-, TRUCK SERVICE, Rural Delivery No. 4, County, near Louisville, Ky., as an off- eluding classes A and B explosives (ex­ Allentown, Pa. 18103. Applicant’s repre­ route point in connection with carrier’s cept commodities in bulk, household sentative: Kenneth R. Davis, 1106 Dart­ presently authorized regular route serv­ goods as defined by the Commission, and mouth Street, Scranton, Pa. 18504. Au­ ice from and to Louisville, Ky., for 180 those commodities requiring special thority sought to operate as a common days. No t e : Applicant proposes service equipment), when moving (1) on Gov­ carrier, by motor vehicle, over irregular to new plant as off-route points to exist­ ernment bills of lading, and (2) on com­ routes, transporting: General commodi­ ing operations. Supporting shipper: mercial bills of lading containing en­ ties, between Allentown, Pa., on the one Ford Motor Co., The American Road, dorsements approved in interpretation of hand, and points within 30 miles of Dearborn, Mich. Send protests to: Dis­ Government Rate Tariff—Eastern Cen­ Allentown, including Allentown, Pa., on trict Supervisor James W. Habermehl, tral, 332 I.C.C. 161, 164, 165, between the other. Restricted to shipments hav­ Bureau of Operations, Interstate Com­ oints in Kentucky, Indiana, Illinois, Mis­ ing a prior or subsequent movement by merce Commission, 802 Century Build­ souri, Arkansas, Louisiana, Texas, Okla­ rail, for 180 days. Supporting shipper: ing, 36 South Pennsylvania Street, In­ homa, and Kansas, on the one hand, and Lehigh Valley Railroad Co., Traffic De­ dianapolis, Ind. 46204. on the other, points in Washington, Cali­ partment, 140 Cedar Street, New York, No. MC 20802 (Sub-No. 4 TA), filed fornia, Nevada, Arizona, and Utah, for N.Y. 10006. Send protests to: F. W. July 29, 1968. Applicant: WHEELER 180 days. Note : Applicant intends to tack Doyle, District Supervisor, Interstate MOTOR EXPRESS, INCORPORATED, the authority sought herein with its ex­ Commerce Commission, Bureau of Op­ 279 Lake Shore Drive West, Dunkirk, N.Y. isting authority under MC 61440. The erations, 900 U.S. Customhouse Build­ 14048. Applicant’s representative: Wil­ purpose of this republication is to more ing, Second and Chestnut Streets, Phila­ liam J. Hirsch, 43 Niagara Street, Buf­ clearly set forth the restriction. Support­ delphia, Pa. 19106. falo, N.Y. 14202. Authority sought to op­ ing shipper: Curtis L. Wagner, Jr., Chief erate as a common carrier, by motor ve­ Regulatory Law Division, Department of M otor Carrier op Passengers hicle, over regular routes, transporting: the Army, Office of the Judge Advocate No. MC 13028 (Sub-No. 14 TA), filed General commodities limited to ship­ General, Washington, D.C. 20310. Send July 29, 1968. Applicant: THE SHORT ments weighing not more than 5,000 protests to: C. L. Phillips, District Super­ LINE, INC., 27 Sabin Street, Box 1116, pounds each, between Barcelona, N.Y., visor, Interstate Commerce Commission, Annex Station, Providence, R.I. 02901. and Jamestown, N.Y.: From Barcelona Bureau of Operations, Room 350, Ameri­ Applicant’s representative: Frank Dan­ over New York Highway 17 to Mayville, can General Building, 210 Northwest iels, 15 Court Square, Boston, Mass. N.Y., thence over New York Highway 17 J Sixth, Oklahoma City, Okla. 73102. 02108. Authority sought to operate as a to Jamestown, and return over the same No. MC 76436 (Sub-No. 34 TA), filed common carrier, by motor vehicle, over +v!U «servdng aii intermediate points and July 26, 1968. Applicant: SKAGGS irregular routes, transporting: Passen­ tne off-route point in New York of: Ash- TRANSFER, INC., 2400 Ralph Avenue, gers and their baggage in special opera­ m le;uBIockviUe’ Clymer, Findley Lake, Post Office Box 16206, Louisville, Ky. tions, beginning and ending at Provi­ North Clymer, Panama, Sherman, and 40216. Applicant’s representative: Rudy dence and Pawtucket, R.I., and North At­ btedman, for 150 days. Note : Applicant Yessin, Sixth Floor, McClure Building, tleboro, Mass., and extending to Rocking­ continue its interline arrange­ Frankfort, Ky. 40601. Authority sought ham Race Track at Salem, N.J., for 150 ments with approximately 50 carriers in- to operate as a common carrier, by motor days. Supporting shippers: Supported * motor carriers, airlines, and vehicle, over regular routes, transport­ by 17 individuals wishing to obtain o+ tT« ?rwarders> Interline takes place ing: General commodities (except those service to Rockingham Race Track, Q„^Buffalo> N.Y., and Jamestown, N.Y. of unusual value, classes A and B explo­ and whose statements may be examined There are approxi­ sives, household goods as defined by the here at the Interstate Commerce Com­ mately 16 statements of support attached Commission, commodities in bulk, com­ mission, Washington, D.C., or copies uPpllcation’ which may ^ ex- modities requiring special equipment thereof which may be examined at the p d here at the Interstate Commerce and those injurious or contaminating to field office named below. Send protests cC— °n in Washington, D.C., or other lading), serving the Ford Motor to: Gerald H. Curry, District Supervisor, wbich may be examined Co. plantsite at the intersection of West- Interstate Commerce Commission, Bu­ W ? f fiel5 offlce named bel°w- Send pro- port Road and Murphy Lane, in Jeffer­ S w ? e orge M- Parker, District Su- son County, Ky., as an off-route point in reau of Operations, 187 Westminster sion i3 ’ Interstate Commerce Commis- connection with presently authorized Street, Providence, R.I. 02903. Offi’ ^ eau of Operations, 518 Federal operations to and from Louisville, Ky., By the Commission. Office Building, Ellicott Street, Buf­ 121 for 180 days. N ote: Applicant proposes falo, N.Y. 14203. (seal] h . Neil G arson, to tack the temporary authority sought Secretary. (am« ^MC 61440

No. 151------8 FEDERAL REGISTER, VOL. 33, N O .‘ 151— SATURDAY, AUGUST 3, 1968 11108 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— AUGUST

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during August.

Page Page 3 CFR 14 CFR— Continued 36 CFR page P roposed R ules: Proclamations : P roposed R u l e s: 3 8 6 0-______10921 39______10943, 11028 7_____ 10942 3861______10995 7 1 ______11029, 11030 37 CFR Executive O rder: 15 CFR 10997 Proposed R ules: 11420______11076 1______;_____ 11092 5 CFR 11055 16 CFR 38 CFR 930 ______10999 17______11080 P roposed R u l e s: 7 CFR 39 CFR 418______10948 811______10934 591 ___ _ 11061 _____ 10935 52^ _ _ 11070 815______17 CFR 849______11057 523 ______11072 908______10936,11058 240______11015 524. ______11074 910______11058 626 ___ —______11075 927______11059 18 CFR _____ 11075 _____ 10936 ______10930 931 ______607 ______11018 742______991______10936 1009______~______10938 41 CFR _____ 10938 19 CFR 1036______1 -2 10930 _____ 10938 11019 ______1041______12______1-30______10930 1044______10938 10931 ______10939 8 -1 ______1050______21 CFR 8-7______10931 1062______10939 10931 18 ______10926 8-1 2 ______1063______- _____ 10939 4 2 10927 1068______10939 ______121 ______11024, 11077 43 CFR 1070______10939 Public Land Orders: 1076______10939 _____ 10939 4506 ______10932 1078 ______22 CFR 10932 1079 ______10939 4507 ______121 ______11020 1443______10941 122 11020 P roposed R ules: 44 CFR 123— ______—- 11020 11023 11046 401____ - 68______125 11020 916______11028 10942 46 CFR 980— ______i 24 CFR 10933 1002______10978 222. 11083 25 ______11077 11000 1130______— 355. 11080 502. 9 C F R 2 6 C F R ______10999 47 CFR 76 P roposed R u l e s : _ 10928 1______... 11027 87_. _ 10929 1 0 C FR 202. ______10924 a n r e o P roposed R ules: pn _____ ÓL L r K ______— 10924 10943,11031 40 2— ______10924 882______:______11021 _ 11031 73______11031 70 ______10924 888b ______11022 81______170 ______10924 888c ______11022 83-83 ---- ' " i - i i — -1 10943 103; 89------_ 10943 1 2 C F R 3 2 A C F R ______11060 Ih::— :::— ::"— " ----10943 OEP (Ch. I) : 526 ______10926 D M O 3000.1------______10927 50 CFR jjooo 1 4 C F R 10------I I —III—- I I - Í0933" 10934 „ 11001,11002 3 3 C F R 71______11079 ______llUUü n o ______97______11000 P roposed R ules: ^ 11076 11 7 -______11076 204______10930 33......

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Lyndon B. Johnson -1966 CONTENTS • Messages to the Congress Public Papers of the Presidents • Public speeches and letters • The President's news conferences of the United States • Radio and television reports to the American people • Remarks to informal groups

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