FEDERAL REGISTER VOLUME 33 • NUMBER 243 Saturday, December 14, 1968 • Washington, D.C. Pages 18551-18602

Agencies in this issue— Agricultural Research Service - Agricultural Stabilization and Conservation Service Civil Aeronautics Board Coast Guard Consumer and Marketing Service Customs Bureau Federal Power Commission Federal Trade Commission Food and Drug Administration Health, Education, and Welfare Department Indian Affairs Bureau Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Aeronautics and Space Administration National Commission on Product Safety National Park Service Public Health Service Securities and Exchange Commission Social Security Administration Treasury Department Veterans Administration Wage and Hour Division Detailed list of Contents «appears inside. » Volume 81

UNITED STATES STATUTES AT LARGE

[90th Cong., 1st Sess.l

Contains iaws and concurrent resolu­ of prior laws affected, a numerical tions enacted by the Congress during listing of bills enacted into public and 1967, reorganization plans, the twenty- private law, and a guide to the legis­ fifth amendment to the Constitution, and Presidential proclamations, Also lative history of bills enacted into included are: a subject index, tables public law.

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' Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, Nationa STER Archives and Records Service, General Services Administration (mail address Nationa Area Code 202 Phone 962-8626 f VWIV1TI:„.a/itEO^ Archives Building, Washington, D.C. 20408) .»pursuant to the authority contained hi e Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15) , under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superinten e of Documents, U.S. Government Printing Office, Washington, D.C. 20402. jn The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payao advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cen each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Docume . U.S. Government Printing Office, Washington, D.C. 20402. nrsuant The regulatory material appearing herein is keyed to the C ode o p F ederal R e g u l a t io n s , which is published, under 50 titles, pur ’ to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The C ode qf F ederal R e g u l a t io n s is sold by the Superintend of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the C ode op F ederal R egulatio Contents

AGRICULTURAL RESEARCH FEDERAL TRADE COMMISSION LABOR DEPARTMENT SERVICE Rules and Regulations See Wage and Hour Division. Rules and Regulations Prohibited trade practices: LAND MANAGEMENT BUREAU Associated Schools, Inc., et al_ 18575 Overtime services related to im­ Rules and Regulations ports and exports; commuted Child’s World, Inc., et al____ _ 18575 travel time allowances (2 docu­ California; public land order___ 18580 ments) ______j__ '_____ 18573, 18580 FOOD AND DRUG Notices ADMINISTRATION New Mexico; land classification; AGRICULTURAL STABILIZATION correction___ l______18592 Rules and Regulations AND CONSERVATION SERVICE Color additives; cochineal ex­ NATIONAL AERONAUTICS AND Rules and Regulations tract ____ -______I______18577 SPACE ADMINISTRATION Wheat; farm marketing quotas Pesticide chemicals; tolerances_ 18578 and acreage allotments; correc­ Rules and ReguSations tion ___ i_____ 1------18580 HEALTH, EDUCATION, AND Inventions and contributions ; awards for reported technical WELFARE DEPARTMENT AGRICULTURE DEPARTMENT and scientific contributions ; See also Food and Drug Adminis­ NASA and contractor em­ See Agricultural Research Serv­ tration; Public Health Servicer ployees ______18574 ice; Agricultural Stabilization Social Security Administration. , and Conservation Service; Con­ NATIONAL COMMISSION ON sumer and Marketing Service. Notices PRODUCT SAFETY Federal percentages; promulga­ Notices CIVIL AERONAUTICS BOARD tion ______18593 Household products presenting Proposed Rule Making health and safety risk; notice of Classification and exemption of air INDIAN AFFAIRS BUREAU hearing______18600 taxi operators; interairport air Proposed Rule Making NATIONAL PARK SERVICE taxi service in Washington/ Baltimore area between points General grazing regulations.____ 18582 Notices which certified helicopter car­ Notices George Washington Memorial rier provides regular service-— 18589 Parkway; notice of intention to Alaska; application for withdrawal issue concession permit______18592 Notices of unreserved lands..______18591 Allegheny Airlines, Inc., et al.; PUBLIC HEALTH SERVICE applications for amendment of INTERIOR DEPARTMENT certificates'______18592 Proposed Rule Making See also Indian Affairs Bureau; Biological products r additional COAST GUARD Land Management Bureau; Na­ standards ; Anthrax vaccine, tional Park Service. absorbed______18586 Rules and Regulations Rules and Regulations Great Lakes;_ drawbridge opera­ SECURITIES AND EXCHANGE tion regulations______18579 Procurement regulations; other COMMISSION irregularities in bids______18579 Rules and Regulations CONSUMER AND MARKETING Notices Interpretative releases; filing of SERVICE Hall, Elmer S.; statement of supplements to investment com- Rules and Regulations changes in financial interests. 18592 pany prospectuses.______18576 Avocados grown in South Florida; Notices shipment limitations______18581 INTERNAL REVENUE SERVICE Hearings, etc.: Lemons grown in California; Rules and Regulations Dumont Corp______18594 handling limitations.___ |____ 18581 Majestic Capital Corp______18594 Commerce in firearms and am­ Proposed Rule Making munition . . . ____ *_____ ... __ 18555 SOCIAL SECURITY Milk in Red River Valley mar­ keting area; decision______18582 Notices ADMINISTRATION Oranges, grapefruit, tangerines Fixing periods of limitations on Proposed Rule Making and tangelos grown in Florida; assessment or collection; dele­ Federal credit union operations_ 18587 proposed expenses and rate of gation of authority to execute assessment ______18582 Health insurance for the aged; consents______?_____ 18591 correction______:_____ 18587 CUSTOMS BUREAU INTERSTATE COMMERCE TRANSPORTATION DEPARTMENT Rules and Regulations COMMISSION See Coast Guard. Motor vehicles and items of motor TREASURY DEPARTMENT vehicle equipment; importation. 18577 Proposed Rule Making Motor carriers of household goods; See also Customs Bureau; Inter­ nal Revenue Service. federal p o w e r c o m m is s io n stay of effective date______18590 Notices Notices Notices Color television picture tubes; Hearings, etc.: Certain railroads; car distribu­ notice of tentative negative de­ Natural Gas Pipeline Company tion (12 documents)____ 18598-18600 termination______„______18591 of America...______:____ 18593 Motor carrier temporary author­ Sunray DX Oil Co., et al____ 18593 ity applications______18598 (Continued on next page) 18553 18554 CONTENTS

VETERANS ADMINISTRATION Rules and Régulations General provisions; copies of rec­ ords and papers ; schedule of fe e s __ |______1______18579 WAGE AND HOUR DIVISION Rules and Regulations Laundry and cleaning industry in Puerto Rico; wage order______18578 Notices Certificates authorizing employ­ ment of full-time students work­ ing outside of school at special minimum wages in | retail or service establishments or in agriculture ______18594

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.

7 CFR 2 0 CFR 41 CFR 354______r___ 18580 Proposed Rules: 14 2______18579 728______18580 405— ______...... ___ 18587 14-7...... 18579 9 1 0 ______18581 915______t ______18581 21 CFR 4 2 CFR Proposed Rule Making ______-18577 8 _ —______. Proposed Rules: 905______18582 120 —______18578 1 1 0 4 ______18582 73 ______1 18586 9 CFR 2 5 CFR 4 3 CFR 97______18573 Proposed Rules: 151— ‘______...... 18582 Public Land Orders : 14 CFR 4543 ____ _ 18580 1240—______—— „ 18574 2 6 CFR Proposed Rules: 178 —______...... 18555 4 5 CFR 298 ______18589 Proposed Rules : 16 CFR 2 9 CFR ______18587 18575 723 ______...... 18578 301 ______18587 SOI ___ 18587 __ 18587 1 7 CFR 3 3 CFR 350 _ _ 231-______—_____ 18576 117______...... 18579 271______'__ _ 18576 4 9 CFR 19 CFR 3 8 CFR Proposed Rules: ___ 18590 12______— ...... ______18577 l ______...... 18579 1056— ------18555 Rules and Regulations

“clauses” in paragraph (a) (6) and in­ license shall be refunded if that applica­ Title 26— INTERNAL REVENUE serting in lieu thereof the words “sub- tion is denied.” Chapter I— Internal Revenue Service, paragraphs of this definition” ; and by Par. 12. Section 178.44 is changed by inserting in paragraph (c) the word Department of the Treasury striking from the first sentence of para­ “paragraph” immediately before the des­ graph (b) the words “engage in such SUBCHAPTER E— ALCOHOL, TOBACCO, AND ignations “ (a) or (b)” . activity” and inserting in lieu thereof OTHER EXCISE TAXES (H) The definition of “Firearm frame the words “maintain his collection or receiver” is changed by striking the PART 178— COMMERCE IN FIRE­ premises” ; and by inserting in the sec­ word “breechlock” and inserting in lieu ond sentence of paragraph (c) the word ARMS AND AMMUNITION thereof the word “breechblock,” . “Firearms” immediately following the On November 6, 1968, a notice of pro­ (I) The definitions of “Licensed word “Federal” . posed rule making and hearing to issue dealer”, “Licensed importer”, and “Li­ Par. 13. Section 178.46 is changed. 26 CFR Part 178, with respect to com­ censed manufacturer” are changed by Par. 14. Paragraphs (b) (6) and (c) merce in firearms and ammunition, was striking the words “Public Law 90-351” of § 178.47 are changed. published in the F ederal R egister (33 and inserting in lieu thereof the words Par. 15. Section 178.48 is changed by P.R. 16285). In accordance with the “the Omnibus Crime Control and Safe striking the words “ , and the copy notice, interested persons were afforded Streets Act of 1968” . thereof furnished with the license,” from an opportunity to submit written com­ (J) The definition of “Replica”, im­ each place they appear; by striking the ments or suggestions, or to be heard at mediately following the definition of Re­ words “and the copy thereof” and “, and a hearing held on November 21, 1968. gional Commissioner, is deleted. the copy thereof,” from each place they After consideration of all written and (K) Immediately following the defi­ appear; and by striking the word “may” oral comments, the regulations as pub­ nition of “State” there is inserted a new in the last sentence of paragraph (b) lished, including the correction published definition. and inserting in lieu thereof the word in the Federal R egister (33 F.R. 16647) • Par. 4. Section 178.23 is revised to pro­ “shall” . are hereby adopted, subject to the vide clarifying changes. Par. 16. Section 178.52 is changed by changes set forth below: Par. 5. Section 178.26 is changed by revising the first sentence thereof to striking the word “testing” in each place Paragraph 1. 1178.1 is changed as read: “A licensee may during the term follows: it appears and inserting in lieu thereof of his current license remove his business the word “evaluation”. (A) By striking in paragraph (a) “ (82 or activity to a new location at which he Par. 6. Section 178.27 is changed by intends regularly to carry on such busi­ Stat. 236) ” and by inserting in lieu there­ striking from the second sentence there­ of “ (82 Stat. 236; 18 U.S.C. Appendix)”. ness or activity, without procuring a new of the words “to the Assistant Regional license.” (B) By striking the word “of” after Commissioner for transmittal” ; by Par. 17. Immediately . after § 178.58 the word “business” in paragraph (b) striking from the ' fourth sentence there are inserted two new sections, (3) and inserting in lieu thereof the thereof the words “ , or to an officer des­ §§ 178.59 and 178.60. words “or activity by”. ignated by him,” ; by striking from the Par. 18. The first sentence of § 178.78 Par. 2. Section 178.2 is changed by fourth sentence the words “or testing.” is changed by striking the words “If, striking the word “traffic” and inserting and by inserting in lieu thereof the words after” and inserting in lieu thereof the in lieu thereof the word “commerce” . “ and evaluation.” ; by striking from the word “After”. fifth sentence the word “impractible” Par. 3. Section 178.11 is changed as Par. 19. Section 178.81 is changed by follows: -? and the word “testing.”, and inserting in striking the words “such as meets the (A) The definition of “Ammunition” lieu thereof the word “impracticable” needs-of the parties:” and inserting in is changed by striking the period at the and the word “evaluation.”, respectively. lieu thereof the words “ at a location con­ end thereof and inserting in lieu thereof Par. 7. Section 178.28 is changed as venient to the aggrieved party: ” . “other than an antique firearm. The follows: (A) The first sentence of paragraph Par. 20. The first sentence of § 178.82 term shall not include (a) any shotgun is changed by adding a “ ,” immediately shot or pellet not designed for use as the (a) is changed to read as follows: “ (a) The Assistant Regional Commissioner following the words “has expired” ; and single, complete projectile load for one by adding a proviso immediately follow­ shotgun hull or casing, nor (b) any un­ for the interhal revenue region in which a person resides may authorize that per­ ing the words “licensee has passed” to loaded nonmetallic shotgun hull or cas­ read as follows: “ : Provided, That under ing not having a primer.” son to transport in interstate or foreign commerce any destructive device, ma­ the condition of paragraph (a) of this (B) The definition of “Antique fire­ chine gun, short-barreled shotgun, or section, the licensee has timely filed an arm” is changed by striking the designa­ application for the renewal of his tions “ ( l ) ”, “ (2) ”, “ (1) ” “ (i)”, and short-barreled rifle, if he finds that such transportation is reasonably necessary license”. Jii) ” and inserting in lieu thereof “ (a) ”, and is consistent with public safety and Par. 21. Section 178.92 is changed (A) (b)” “paragraph (a )”, “ (1) ”, and by striking the designation “ (a )” ; (B) (2) ”, respectively. applicable State and local law.” (B) Paragraph (c) is changed. by striking the designation “ (b) ” and in­ Kljl Immediately after the definition Par. 8. Section 178.30 is changed by serting in lieu thereof the words “and by 0/ “Business premises” there is inserted inserting after the word “give” in the engraving, casting, stamping (impress­ a new definition. first sentence thereof a ing) , or otherwise conspicuously placing (D) The definition of “Crime punish Par. 9. Immediately after § 178.34 there or causing to be engraved, cast, stamped able by imprisonment for a term exceed is inserted a new § 178.35. (impressed) or placed on the frame, re­ ceiver, or barrel thereof in a manner not 1J?g 1 year” is revised to reflect editoria Par. 10. Paragraph (b) of § 178.41 is changes. revised to make editorial changes; para­ susceptible of being readily obliterated, (E) The definition of “Customs officer” graph (c) is redesignated as paragraph altered or removed,” ; (C) by striking the ls changed. (d ); and a new paragraph (c) is added. designation “ , (c) ” and inserting in lieu (F) The definition of “Date of impor­ thereof (D) by striking the words Par. 11. Section 178.43 is changed by “guage, (d) ” and inserting in lieu thereof tation” is deleted, adding a new sentence at the end thereof the word “gauge;” ; (E) by striking the (G) The definition of “Destructive de­ to read as follows: “However, the license designation “, (e) ” and inserting in lieu vice” is changed by striking the word fee submitted with an application for a thereof “ ;” and (F) by striking the words

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18556 RULES AND REGULATIONS

and (f) ” and inserting in lieu thereof States at any U.S. customhouse or any tions 26 CFR Part 177 issued under the the word “ ;. and” . office of an Assistant Regional Commis­ Federal Firearms Act (U.S.C., title 15, Par. 22. Section 178.93 is changed by sioner. A bill of sale or other commercial chapter 18). striking the word “shipments” in para­ document showing transfer of thé fire­ 2. These regulations shall not affect graph (a) thereof and inserting in lieu arm or ammunition in the United States any act done or any liability or right thereof the word “shipment” ; and by to such person also may be used to es­ accuring, or accrued, or any suit or pro­ striking the text following “ and (b) ” and tablish proof that the firearm or am­ ceeding had or commenced before the inserting in lieu thereof “ any transaction munition was taken out of the United effective date of these regulations. with a nonlicensee involving any firearm States by such person. Firearms and 3. These regulations shall be effective or ammunition other than a curio or ammunition furnished under the provi­ on and after December 16, 1968. relic. (See also § 178.50.) ” sions of section 925(a) (3) of the Act to PART 178— COMMERCE IN FIRE­ Par. 23. Section 178.94 is changed. military members of the U.S. Armed Par. 24. Section 178.95 is changed as Forces on active duty outside of the ARMS AND AMMUNITION follows: United States also may be imported into Subpart A— Introduction (A) by changing paragraph (b) the United States or any possession Sec. thereof to read: “ (b) Make a reproduc­ thereof by such military members upon 178.1 Scope of regulations. tion of his license, enter upon such repro­ establishing to the satisfaction of Cus­ 178.2 Relation to other provisions of law. duction the statement: ‘I certify that this toms that such firearms and ammuni­ Subpart B— Definitions is a true copy of a license issued to me to tion were so obtained.” ; and by adding engage in the business specified in Item a new paragraph (d ). 178.ll Meaning of terms. 5/ and sign his name adjacent thereto, Par. 34. Section 178.116 is changed by Subpart C— Administrative and Miscellaneous or” ; arid adding, in the last sentence and immedi- - Provisions (B) by striking the word “additional” ajtely following the words “released from 178.21 Forms prescribed. in the first sentence of paragraph (c) Customs custody” the words “upon the 178.22 Emergency variations from require­ thereof and inserting in lieu thereof the payment of customs duties, if applicable, ments. word “certified” . and” . 178.23 Right of entry and examination. Par. 25. Paragraphs (b), (c) , and (d) P ar. 35. A new section, § 178.117, is 178.24 Published ordinances. added immediately following § 178.116. 178.25 Disclosure of information. of § 178.96 are changed. 178.26 Curio and relic determination. , Par. 26. Sections 178.97 and 178.98 are Par. 36. Paragraph (a) of § 178.121 is 178.27 Destructive device determination. changed. chariged. 178.28 Transportation of destructive de­ P ar. 27. Paragraphs (a) and (c) of Par. 37. Paragraphs (a), (b), and vices and certain firearms. § 178.99 are changed. (d) of §§ 178.122 and 178.123 are 178.29 Out-of-State acquisition of fire­ Par. 28. Section 178.100 is changed by changed. arms by nonlicensees. 178.30 Out-of-State disposition of firearms adding the words “and ammunition” im­ P ar. 38. Sections 178.124 and 178.125 mediately following the word “firearms”. by nonlicensees. are changed. 178.31 Delivery by common or contract Par. 29. Paragraph (b) (1) of § 178.111 P ar. 39. Paragraph (b) of § 178.144 is carrier. is changed, and paragraph (c) is added. changed by revising the last sentence to 178.32 Prohibited shipment, transporta­ Par. 30. Section 178.112 is changed as read “The application shall be filed, in tion, or receipt of firearms and follows: triplicate, with the Assistant Regional ammunition by certain persons. (A) Paragraph (a) is changed by 178.33 Stolen firearms and ammunition. Commissioner for the internal revenue 178.34 Removed, obliterated, or altered se­ striking“ ) unless (1) if a firearm, it is region wherein the applicant resides.” identified as required by this part, and rial number. P ar. 40. Section 178.166 is changed by 178.85 Skeet, trap, target, and similar (2)” and by deleting “ (3)” immediately shooting activities. following “ammunition, or”. striking “ 5848(a)” and by inserting in (B) Paragraphs (b) and (d) are lieu thereof “5845(a) ” . Subpart D— Licenses changed by striking “ (if ammunition)” Because these regulations implement 178.41 General. immediately following the word “size”. Title I, State Firearms Control Assistance 178.42 License fees. Par. 31. Section 178.113 is changed as (18 U.S.C., chapter 44) of the Gun Con­ 178.43 License fee not refundable. follows: trol Act of 1968 (82 Stat. 1213) which 178.44 Original license. (A) Paragraph (b) is changed by becomes effective December 16, 1968, it 178.45 Renewal of license. is found that it is impracticable and con­ 178.46 Procedure by District Director. deleting “ (if ammunition)” immediately 178.47 Issuance of license. following the word “size” in subpara­ trary to the public interest to publish 178.48 Correction of error on license. graph (2), by inserting the word “and” these regulations subject to the effective 178.49 Duration of license. following existing text of subparagraph date limitation of 5 U.S.C. 553 (d ). Ac­ 178.50 Locations covered by license. (5), by deleting all of subparagraph (6), cordingly, these regulations shall become 178.51 License not-transferable. and by renumbering subparagraph “ (7) ” effective on December 16, 1968. 178.52 Change of address. 178.53 Change in trade name. as “ (6)”. Sheldon S. Cohen, 178.54 Change of control. (B) Paragraph (c) is changed by re­ Commissioner of Internal Revenue. 178.55 Continuing partnerships. vising the second sentence to read “In Approved: December 12, 1968. 178.56 Right of succession by certain obtaining the release of the firearm or persons. ammunition from Customs custody, the J ames P oneroy H endrick. 178.57 Discontinuance of business. licensee importing same shall fur­ Special Assistant to the Secretary 178.58 State or other law. nish a Form 6A (Firearms) to the {for Enforcement). 178.59 Abandoned application. 178.60 Certain continuances of business. Customs officer releasing the firearm or In order to implement the provisions ammunition.” of Title I, State Firearms Control Assist­ Subparf E— License Proceedings (C) Paragraphs (d) and (e) are ance (18 U.S.C., chapter 44), of the Gun 178.71 Denial of an application for license. deleted. Control Act of 1968 (82 Stat. 1213), and 178.72 Hearing after application denial. Par. 32. Section 178.114 is changed by Title VII, Unlawful Possession or Receipt 178.73 Notice of contemplated revocation. deleting paragraph (a ); redesigriating of Firearms (82 Stat. 236; 18 U.S.C., Ap­ 178.74 Request for hearing after notice paragraphs (b) and (c) as paragraphs of contemplated revocation. pendix), of the Omnibus Crime Control 178.75 Hearing after-notice of revocation. (a) and (b), respectively, and revising and Safe Streets Act of 1968 (82 Stat. 178.76 Recommended decision of hearing such redesignated paragraphs; and add­ 197), as amended by Title III of the Gun examiner. ri ing a new paragraph (c). Control Act of 1968 (82 Stat. 1236), the 178.77 Certification and transmittal oi Par. 33. Section 178.115 is changed by following regulations are hereby pre­ record and recommended deci­ adding at the end of paragraph (a), scribed as Part 178 of Title 26 of the sion to Director. “Registration on Customs Form 4457 or 178.78 Decision of Director. Code of Federal Regulations: 178.79 Service oh applicant or licensee. on any other registration document Preamble. 1. These regulations, 26 178.80 Representation at a hearing. available for this purpose may be com­ CFR Part 178, “Commerce in Firearms 178.81 Designated place of hearing. pleted before departure from the United and Ammunition,” supersede regula­ 178.82 Operations by licensees after notice.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18557

Subpart F— Conduct of Business (b) Procedural and substantive re­ pellet not designed for use as the single, Sec. quirements. This part contains the pro­ complete projectile load for one shotgun 178.91 Posting of license. cedural and substantive requirements hull or casing, nor (b) any unloaded, 178.92 Identification of firearms. relative to: non-metallic shotgun hull or casing not 178.93 Authorized operations by a licensed (1) The interstate or foreign com­ having a primer. collector. merce in firearms and ammunition; Antique firearm, (a) Any firearm (in­ 178.94 Sales or deliveries between licensees. (2) The licensing of manufacturers, 178.95 Certified copy of license. cluding any firearm with a matchlock, 178.96 Out-of-State and mail order sales. importers, and collectors of, and dealers flintlock, percussion cap, or similar type 178.97 Loan or rental of firearms. in, firearms and ammunition; of ignition system) manufactured in or 178.98 Sales or deliveries of destructive (3) The conduct of business or activity before 1898; and (b) any replica of any devices and certain firearms. by licensees; firearm described in paragraph (a) of 178.99 Certain p ro h ib ite d sales or (4) The importation of firearms .and this definition if such replica (1) is not deliveries. ammunition; designed or redesigned for using rimfire 178.100 Record of transactions. (5) The records and reports required or conventional centerfire fixed ammu­ Subpart G— Importation of licensees; nition, or (2) uses rimfire or conven­ 178.111 General. (6) Relief from disabilities under this tional centerfire fixed ammunition which 178.112 Importation by a licensed importer. part; and is no longer manufactured in the United 178.113 Importation by other licensees. (7) Exempt interstate and foreign States and which is not readily available 178.114 Importation by members of the U.S. commerce in firearms and ammunition. in the ordinary channels of commercial Armed Forces. (c) Federal Firearms Act licenses. This trade. 178.115 Exempt importation. part fully applies to operations by per­ Assistant Regional Commissioner. An 178.116 Conditional importation. sons licensed under the Federal Firearms Assistant Regional Commissioner, Al­ 178.117 Function outside a customs terri­ tory. Act and Part 177 of this chapter who are cohol and Tobacco Tax, who is respon­ continuing their operations under such sible to, and functions under the direc­ Subpart H— Records license pursuant to section 907 of the tion and supervision of, a Regional Com­ 178.121 General. Omnibus Crime Control and Safe Streets missioner of Internal Revenue. 178.122 Records maintained by importers. Act of 1968 (82 Stat. 235). Any reference Business premises. The property on 178.123 Records maintained by manufac­ in this part to '“license,” “licensee,” li­ which firearms or ammunition import­ turers. censed dealer,” “licensed importer,” “li­ ing, manufacturing or dealing business 178.124 Firearms transaction record. censed manufacturer,” etc., shall apply is or will be conducted. A private dwell­ 178.125 Record of receipt and disposition. equally as the case may be to licenses 178.126 Furnishing transaction information. ing, no part of which is open to the pub­ 178.127 Discontinuance of business. and persons licensed under the Federal lic, shall not be recognized as coming Firearms Act who are continuing opera­ within the meaning of the term. Subpart i— Exemptions tions pursuant to a license issued under Collection premises. The premises de­ 178.141 General. that Act. scribed on the license of a collector as 178.142 : Effect of Presidential pardon. § 178.2 Relation to other provisions of the location at which he maintains his 178.143 Relief from disabilities incurred by law. collection of curios and relics. indictment. Collector. Any person who acquires, 178.144 Relief from disabilities incurred by The provisions in this part are in ad­ holds, or disposes of firearms or ammu­ conviction. dition to, and are not in lieu of, any other nition as curios or relics. 178.145 Research organizations. provision of law, or regulations, respect­ 178.146 Deliveries by mail to certain persons. Commerce. Travel, trade, traffic, com­ 178.147 Repair of firearm. ing commerce in firearms or ammunition. merce, transportation, or communication 178.148 Ammunition loading for personal For regulations applicable to traffic in among the several States, or between use. machine guns, destructive devices, and the District of Columbia and any State, certain other firearms, see Part 179 of or between any foreign country or any Subpart J— Penalties, Seizures, and Forfeitures this chapter. For statutes applicable to territory or possession and any State or 178.161 False statement or representation. the registration and licensing of persons the District of Columbia, or between 178.162 Transportation or receipt to commit engaged in the business of manufactur­ points in the same State but through any a crime. ing, importing or exporting arms, ammu­ other State or the District of Columbia 178.163 Commission of a Federal crime. nition, or implements of war, see section or a foreign country. 178.164 Receipt, etc., of firearms by certain 414 of the Mutual Security Act of 1954 persons. Commissioner. The Commissioner of 178.165 Receipt, etc., of firearms by certain (22 U.S.C. 1934), and regulations there­ Internal Revenue. employees. under. For statutes applicable to non­ Crime punishable by imprisonment for 178.166 Seizure and forfeiture. mailable firearms, see 18 U.S.C. 1715 and a term exceeding 1 year. Any offense for regulations thereunder. which the maximum penalty, whether or Subpart K— Exportation Subpart B— Definitions . not imposed, is capital punishment or 178.171 Exportation. imprisonment in excess of 1 year. The § 178.11 Meaning o f terms. ir,^UTHORITY: T*16 provisions of this Part term shall not include (a) any Federal 178 issued under 82 Stat. 1213-1226, 18 U.S.C. When used in this part and in forms or State offenses pertaining to antitrust "|*“928, 82 Stat. 236, as amended, unless prescribed under this part, where not violations, unfair trade practices, re­ otherwise noted. otherwise distinctly expressed or mani­ straints of trade, or other similar offenses Subpart A— Introduction festly incompatible with the intent there­ relating to the regulations of business of, terms shall have the meanings as­ practices excluded from the meaning of § 178.1 Scope of regulations. cribed in this section. Words in the plural the term under provisions contained in (a) In general. The regulations con­| form shall include the singular, and vice this part, or (b) any State offense (other tained in this part relate to commerce versa, and words importing the mascu­ than one involving a firearm or explo­ m firearms and ammunition and are line gender shall include the feminine. sive) classified by the laws of the State as Promulgated to implement Title I, State The terms “includes” and “including” do a misdemeanor and punishable by a term Firearms Control Assistance (18 U.S.C. not exclude other things not enumerated of imprisonment of 2 years or less. Chapter 44), of the Gun Control Act of which are in the same general class or Curios or relics. Firearms or ammu­ 1968 (82 Stat. 1213), and Title VII, Un­ are otherwise within the scope thereof. nition which are of special interest to lawful Possession or Receipt of Firearms Act. Chapter 44 of title 18 of the United collectors by reason of some quality other than is ordinarily associated with (82 Stat. 236; 18 U.S.C. Appendix) of the States Code. Ammunition. Ammunition or cartridge firearms intended for sporting use or as Omnibus Crime Control and Safe Streets cases, primers, bullets, or propellent pow­ offensive or defensive weapons. To be Act of 1968 (82 Stat. 197) as amended by der designed for use in any firearm other recognized as curios or relics, firearms Title III of the Gun Control Act of 1968 than an antique firearm. The term shall and ammunition must fall within one of (82 Stat. 1236). not include (a) any shotgun shot or the following categories:

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18558 RULES AND REGULATIONS

(a) Firearms and ammunition which be used as a weapon, is an antique, or is Internal revenue district. An internal were manufactured at least 50 years prior a rifle which the owner intends to use revenue district under the jurisdiction of to the current date, but not including solely for sporting purposes. a District Director of Internal Revenue. replicas thereof; Director. The Director, Alcohol and Internal revenue region. An internal (b) Firearms and ammunition which Tobacco Tax Division, Internal Revenue revenue region under the jurisdiction of are certified by the curator of a munici­ Service, Treasury Department, Washing­ a Regional Commissioner of Internal pal, State, or Federal museum which ex­ ton, D.C. 20224. Revenue. hibits firearms to be curios or relics of Discharged under dishonorable condi­ Interstate or foreign commerce. In­ museum interest; and tions. Separation from the U.S. Armed cludes commerce between any place in a (c) Any other firearms or ammunition Forces resulting from a Bad Conduct Dis­ State and any place outside of that State, which derive a substantial part of their charge or a Dishonorable Discharge. or within any possession of the United monetary value from the fact that they District Director. A District Director States (not including the Canal Zone) or are novel, rare, bizarre, or because of of Internal Revenue. the District of Columbia. The term shall their association with some historical Executed under penalties of perjury. not include commerce between places figure, period, or event. Proof of quali­ Signed with the prescribed declaration within the same State but through any fication of a particular firearm or item under the penalties of perjury as pro­ place outside of that State. of ammunition under this category may vided on or with respect to the return, Licensed collector. A collector of curios be established by evidence of present form, or other document or, -where no and relics only and licensed under the value and evidence that like firearms or form of declaration is prescribed, with provisions of this part. ammunition are not available except as the declaration: “I declare under the Licensed dealer. A dealer licensed un­ collector’s items, or that the value of like penalties of perjury that this— (insert der the provisions of this part, and a firearms or ammunition available in or­ type of document, such as, statement, dealer licensed under the Federal Fire­ dinary commercial channels is substan­ application, request, certificate), includ­ arms Act if such license is deemed valid tially less. ing the documents submitted in support under section 907 of the Omnibus Crime Customs officer. Any officer of the Bu­ thereof, has been examined by me and, Control and Safe Streets Act of 1968 reau of Customs or any agent or other to the best of my knowledge and belief, (82 Stat. 235). person authorized by law or by the Sec­ is true, correct, and complete.” Licensed importer. An importer li­ retary of the Treasury, or appointed in Federal Firearms Act. Chapter 18 of censed under the provisions of this part, writing by a Regional Commissioner of title 15, United States Code, as in effect and a manufacturer (as that term was. Customs, or by another principal customs on December 15, 1968. defined in the Federal Firearms Act) li­ officer under delegated authority, to per­ Felony. Any offense punishable by im­ censed under the Federal Firearms Act if form the duties of an officer of the Bu­ prisonment for a term exceeding 1 year. such license is deemed valid under sec­ reau of Customs. The term shall not include any offense tion 907 of the Omnibus Crime Control Dealer. Any person engaged in the (other than one involving a firearm or and Safe Streets Act of 1968 (82 Stat. business of selling firearms or ammuni­ explosive) classified as a misdemeanor 235). tion at wholesale or retail; any person under the laws of a State and punishable Licensed manufacturer. A manufac­ engaged in the business of repairing fire­ by a term of imprisonment of 2 years turer licensed under the provisions of arms or of making or fitting special bar­ or less. this part, and a manufacturer (as that rels, stocks, or trigger mechanisms to Firearm. Any weapon, including a term was defined in the Federal Fire­ firearms; or any person who is a pawn­ starter gun, which will or is designed to arms Act) licensed under the Federal broker. or may readily be converted to expel a Firearms Act if such license is deemed Destructive device, (a) Any explosive, projectile by the action of an explosive; valid under section 907 of the Omnibus incendiary, or poison gas (1) bomb, (2) the frame or receiver of any such Crime Control and Safe Streets Act of grenade, (3) rocket having a propellant weapon; any firearm muffler or firearm 1968 (82 Stat. 235). charge of more than 4 ounces, (4) mis­ silencer; or any destructive device; but Machine gun. Any weapon which sile having an explosive or incendiary the term shall not include an antique shoots, is designed to shoot, or can be charge of more than one-quarter ounce, firearm. In the case of a licensed collec­ readily restored to shoot, automatically „ (5) mine, or (6) device similar to any tor, the term shall mean only curios and more than one shot, without manual re­ of the devices described in the preceding relics. loading, by a single function of the trig­ subparagraphs of this definition; (b) Firearm frame or receiver. That part of ger. The term shall also include the any type of weapon (other than a shot­ a firearm which provides housing for the frame or receiver of any such weapon, gun or a shotgun shell which the Di­ hammer, bolt or breechblock, and firing any combination or parts designed and rector finds is generally recognized as mechanism, and which is usually intended for use in converting a weapon particularly suitable for sporting pur­ threaded at its forward portion to receive into a machine gun, and any combina­ poses) by whatever name known which the barrel. tion of parts from which a machine gun will, or which may be readily converted Fugitive from justice. Any person who can be assembled if such parts are in to, expel a projectile by the action of has fled from any State to avoid prosecu­ the possession or under the control of a an explosive or other propellant, and tion for a crime or to avoid giving testi­ person. which has any barrel with a bore of more mony in any criminal proceeding. Manufacturer. Any person engaged than one-half inch in diameter; and Importation. The bringing of a fire­ in the manufacture of firearms or ammu­ (c) any combination of parts either de­ arm or ammunition into the United nition for purposes of sale or distribution. signed or intended for use in converting States; except that the bringing of a fire­ National Firearms Act. Chapter 53 of any device into any destructive device arm or ammunition from outside the the Internal Revenue Code of 1954. described in paragraph (a) or (b) of this United States into a foreign-trade zone Pawnbroker. Any person whose busi­ definition and from which a destructive for storage pending shipment to a for­ ness or occupation includes the taking or device may be readily assembled. The eign country or subsequent importation receiving, by way of pledge or pawn, of term shall not include any device which into this country, pursuant to this part, any firearm or ammunition as security is neither designed nor redesigned for use shall not be deemed importation. for the payment or repayment of money. as a weapon; any device, although orig­ Importer. Any person engaged in the Person. Any individual, corporation, inally designed for use as a weapon, business of importing or bringing fire­ company, association, firm, partnership, which is redesigned for use as a signal­ arms or ammunition into the United society, or joint stock company. ing, pyrotechnic, line throwing, safety, States for purposes of sale or distribution. Indictment. Includes an indictment or Published ordinance. A published law 'or similar device; surplus ordnance sold, of any political subdivision of a State loaned, or given by the Secretary of the information in any court under which a crime punishable by imprisonment for which the Director determines to be rele­ vant to the enforcement of this part ana Army pursuant to the provisions of sec­ a term exceeding 1 year may be prose­ tion 4684(2), 4685, or 4686 of title 10, cuted. which is contained on a list compiled by United States Code; or any other device Internal Revenue Code of 1954. Title the Director, which list is published m the which the Director finds is not likely to 26, United States Code. F ederal R egister, revised annually, and

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18559

furnished to each licensee under this Subparf C— Administrative and of, the Assistant Regional Commissioner part. Miscellaneous Provisions may make available to such State or any Regional Commissioner. A Regional political subdivision thereof, any infor­ Commissioner of Internal Revenue. - § 178.21 Forms prescribed. mation which the Assistant Regional Rifle. A weapon designed or redesigned, The Director is authorized to pre­ Commissioner may obtain by reason of made or remade, and intended to be scribe all forms required by this part. the provisions of the Act with respect to fired from the shoulder, and designed or . All of the information called for in each the identification of persons within such redesigned and made or remade to use form shall be furnished, as indicated by State or political subdivision thereof, the energy of the explosive in a fixed the headings on the form and the in­ who have purchased or received firearms metallic cartridge to fire only a single structions thereon or issued in respect or ammunition, together with a descrip­ projectile through a rifled bore for each thereto, and as required by this part. tion of such firearms or ammunition. single pull of the trigger. Short-barreled rifle. A rifle having one § 178.22 Emergency variations from re­ § 178.26 Curio and relic determination. or more barrels less than 16 inches in quirements. A licensed collector who desires to ob­ length, and any weapon made from a (a) The Director may approve varia­ tain a determination whether a particu­ rifle, whether by alteration, modification, tions from the requirements of this part lar firearm or ammunition is a curio or or otherwise, if such weapon, as modified, when he finds that an emergency exists relic shall submit a written request, in has an overall length of less than 26 and that the proposed variations from duplicate, for a ruling thereon to the inches. the specific requirements (1) are neces­ Assistant Regional Commissioner. Each Short-barreled shotgun. A shotgun sary, (2) will not hinder the effective such request shall be executed under the having one or more barrels less than 18 administration of this part, and (3) will penalties of perjury and shall contain a inches in length, and any weapon made not be contrary to any provisions of law. complete and accurate description of the from a shotgun, whether by alteration, (b) Variations f r o m requirements firearm or ammunition, and such photo­ modification, or otherwise, if such granted under this section are condi­ graphs, diagrams, or drawings as may weapon as modified has an overall length tioned on compliance with the proce­ be necessary to enable the Assistant of less than 26 inches. dures, conditions, and limitations with Regional Commissioner to make his de­ Shotgun. A weapon designed or re­ respect thereto set forth in the approval termination. The Assistant Regional designed, made or remade, and intended of the application. Failure to comply in Commissioner may require the submis­ to be fired from the shoulder, and de­ good faith with such procedures, condi­ sion to him, or to an officer designated by signed or redesigned and made or remade tions, and limitations shall automati­ him, of the firearm or ammunition for to use the energy of the explosive in a cally terminate the authority for such examination and evaluation. If the sub­ fixed shotgun shell to fire through a variations, and the licensee thereupon mission of the firearm or ammunition is smooth bore either a number of ball shot shall fully comply with the prescribed impractical, the licensed collector shall or a single projectile for each single requirements of regulations from which so advise the Assistant Regional Com­ pull of the trigger. the variations were authorized. Author­ missioner and designate the place where State. A State of the United States. ity for any variation may be withdrawn the firearm or ammunition will be The term shall include the District of whenever in the judgment of the Direc­ available for examination and evalua­ Columbia, the Commonwealth of Puerto tor the effective administration of this tion. Rico, and the possessions of the United part is hindered by the continuation of § 178.27 Destructive device determina­ States (not including the Canal Zone). such variation. A licensee who desires to tion. State of residence. The State in which employ such variation shall submit a an individual regularly resides, or main­ written application so to do, in triplicate, The Director shall determine in ac­ tains his home, or if such person is on to the Assistant Regional Commissioner cordance with 18 U.S.C. 921(a)(4) active duty as a member of the United for transmittal to the Director. The ap­ whether a device is excluded from the States Armed Forces, the State in which plication shall describe the proposed definition of a destructive device. A per­ his permanent duty station is located: variation and set forth the reasons son who desires to obtain a determina­ Provided, That an alien who is legally therefor. A variation shall not be em­ tion under that provision of law for any in the United States shall be considered ployed until the application ' has been device which he believes is not likely to to be a resident of the State in which approved. The licensee shall retain, as be used as a weapon shall submit a writ­ (a) he is residing and has so resided for part of his records, available for exam­ ten request, in triplicate, for a ruling a period of at least 90 days prior to the ination by internal revenue officers, any thereon to the Director. Each such re­ date of sale or delivery of a firearm or application approved by the Director quest shall be executed under the penal­ ammunition, or (b) his embassy or con­ under the provisions of this section. ties of perjury and contain a complete sulate is located if the principal officer and accurate description of the device, § 178.23 Right o f entry and examina­ the name and address of the manufac­ of such embassy or consulate issues a tion. written statement to such alien authoriz­ turer or importer thereof, the purpose of ing his acquisition of a firearm or am­ Any internal revenue officer may en­ and use for which it is intended, and munition. Temporary sojourn in a State ter during business hours the premises, such photographs, diagrams, or draw­ does not make the State of temporary including places of storage, of any li­ ings as may be necessary to enable the sojourn the State of residence. censed importer, licensed manufacturer, Director to make his determination. The licensed dealer, or licensed collector for Director-may require the submission to Example 1. A maintains his home in State him, of a sample of such device for ex­ X. He travels to State Y on a hunting, flsh- the purpose of inspecting or examining mg, business or other type of trip. He does any records or documents required to be amination and evaluation. If the sub­ not become a resident of State Y by reason kept by such importer, manufacturer, mission of such device is impracticable, °f such trip. dealer, or collector under this part, and the person requesting the ruling shall so Example 2. A maintains a home in State any firearms or ammunition kept or advise the Director and designate the X and a home in State Y. He resides in State stored by such importer, manufacturer, place where the device will be available X except for the summer months of the year dealer, or collector at such premises. for examination and evaluation. and in State Y for the summer months of the year. During the time that he actually re­ § 178.24 Published ordinances. -§ 1 7 8 .2 8 Transportation o f destructive sides in State X he is -a resident of State devices and certain firearms. X, and during the time that he actually re­ The Director is authorized to compile, sides in State Y he is a resident of State Y. publish in the Federal R egister, annu­ (a) The Assistant Regional Commis­ ally revise, and furnish to each licensee, sioner for the internal revenue region Unserviceable firearm. A firearm which a list of published ordinances which are in which a person resides may authorize ls incapable of discharging a shot by relevant to the enforcement of this part. that person to transport in interstate or means of an explosive and is incapable of foreign commerce any destructive device, mng readily restored to a firing § 178.25 Disclosure of information. machine gun, short-barreled shotgun, or condition. Upon receipt of written request of any short-barreled rifle, if he finds that such U.S.C. The United States Code. State or any political subdivision there- transportation is reasonably necessary

No. 243------2 FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18560 RULES AND REGULATIONS and is consistent with public safety and shall not apply to the transportation of of the Federal Food, Drug, and Cosmetic applicable State and local law. A person any firearm acquired in any State prior A ct), or narcotic ft rug (as defined in sec­ who desires to transport in interstate or to the effective date of the Act. tion 4731(a) of the Internal Revenue foreign commerce any such device or Code of 1954) , or (4) has been adjudi­ § 178.30 Out-of-State disposition o f fire­ cated as a mental defective or who has weapon shall submit a written request so arms by nonlicensees. to do, in duplicate, to the Assistant Re­ been committed to a mental institution. gional Commissioner. The request shall No nonlicensee shall transfer, sell, (b) A firearm may not be received, contain : trade, give, transport, or deliver any fire­ possessed, or transported in commerce or (1) A complete description and iden­ arm to any other nonlicensee, who the affecting commerce by any person who tification of the device or weapon to be transferor knows or has reasonable cause (1) has been convicted by a court of the transported ; to believe resides in any State other than United States or of a State or any po­ (2) A statement whether such trans­ that in which the transferor resides (or litical subdivision thereof of a felony, (2) portation involves a transfer of title; if a corporation or other business entity, has been discharged from the Armed ( 3 ) The need for such transportation ; where it maintains a place of business): Forces under dishonorable conditions, (4) The approximate date such trans­ Provided, That the provisions of this sec­ (3) has been adjudged by a court of the portation is to take place; tion shall not apply to (a) the transfer, United States or of a State or any politi­ (5) The present location of such de­ transportation, or delivery of a firearm cal subdivision thereof of being men­ vice or weapon and the place to which it made to carry out a bequest of a firearm tally incompetent, or (4) having been a is to be transported; to, or any acquisition by intestate succes­ citizen of the United States has re­ (6) The mode of transportation to be sion of a firearm by, a person who is per­ nounced his citizenship, or (5) being an used (including, if by common or contact mitted to acquire or possess a firearm alien is illegally in the United States. carrier, the name and address of such under the laws of the State of his resi­ (c) Any individual who to his knowl­ carrier) ; and dence, and (b) the loan or rental of a edge and while being employed by any (7) Evidence that the transportation firearm to any person for temporary use person coming within a classification or possession of such device or weapon for lawful sporting purposes. contained in paragraph (b) of this sec­ is not inconsistent with the laws at the § 178.31 Delivery by common or con­ tion, may not in the course of such em­ place of destination. tract carrier. ployment receive, possess, or transport (b) No person shall transport any a firearm in commerce or affecting destructive device, machine gun, short- (a) No person shad knowingly deliver commerce. barreled shotgun, or short-barreled rifle or cause to be delivered to any common (d) The provisions of paragraph (b) or contract carrier for transportation or of this section shall not apply to any in interstate or foreign commerce under shipment in interstate or foreign com­ the provisions of this section until he prisoner who by reason of duties connect­ has received specific authorization so to merce to any person other than a licensed ed With law enforcement has expressly do from the Assistant Regional Commis­ importer, licensed manufacturer, licensed been entrusted with a firearm by compe­ sioner. Authorization granted under this dealer, or licensed collector, any package tent authority of the prison, and the section does not carry or import relief or other container in which there is any provisions of paragraphs (b) and (c) of from any other statutory or regulatory firearm or ammunition without written this section shall not apply to any per­ provision relating to firearms. notice to the carrier that such firearm or son, or any employee employed by such (c) This section shall not be con­ ammunition is being transported or person, who has been pardoned by the strued as requiring licensees to obtain shipped: Provided, That any passenger President of the United States or the authorization to transport destructive who owns or legally possesses a firearm chief executive of a State and has ex­ devices, machine guns, short-barreled or ammunition being transported aboard pressly been authorized by the President any common or contract carrier for or such chief executive, as the case may shotguns, and short-barreled rifles in in­ movement with the passenger in inter­ terstate or foreign commerce: Provided, be, to receive, possess, or transport in state or foreign commerce may deliver commerce a firearm. That in the case of a licensed importer, said firearm or ammunition into the cus­ licensed manufacturer, or licensed tody of the pilot, captain, conductor or § 178.33 Stolen firearms and ammuni­ dealer, such a licensee is qualified under operator of such common or contract tion. the National Firearms Act (see also Part 179 of this chapter) and this part to carrier for the duration of that trip with­ No person shall transport or ship in engage in the business with respect to out violating any provision of this part. interstate or foreign commerce any the device or weapon to be transported, (b) No common or contract carrier stolen firearm or stolen ammunition shall transport or deliver in interstate knowing or having reasonable cause to and that in the case of a licensed col­ or foreign commerce any firearm or am­ lector, the device or weapon to be trans­ believe that the firearm or ammunition ported is a curio or relic. munition with knowledge or reasonable was stolen, and no person shall receive, cause to believe that the shipment, trans­ conceal, store, barter, sell, or dispose of § 178.29 Out-of-State acquisition of portation, or receipt thereof would be in any stolen firearm or stolen ammunition firearms by nonlicensees. violation of any provision of this part: which is moving as, which is a part of, No person, other than a licensed im­ Provided, however, That the provisions of or which constitutes interstate or foreign porter, licensed manufacturer, licensed this paragraph shall not apply in respect commerce, knowing or having reasonable dealer, or licensed collector, shall trans­ to the transportation of firearms or am­ cause to believe that the firearm or am­ port into or receive in the State where he munition in in-bond shipment under munition was stolen. Customs laws and regulations. resides (or if a corporation or other busi­ § 178.34 Removed, obliterated, or al­ ness entity, where it maintains a place of § 178.32 Prohibited shipment, transpor­ tered serial number. business) any firearm purchased or tation, or receipt of firearms and am­ otherwise obtained by such person out­ munition by certain persons. No person shall knowingly transport, side that State: Provided, That the pro­ ship, or receive in interstate or foreign (a) No person may ship or transportcommerce any firearm which has had the visions of this section (a) shall not pre­ any firearm or ammunition in interstate clude any person who lawfully acquires importer’s or manufacturer’s serial num­ or foreign commerce, or receive any fire­ ber removed, obliterated, or altered. a firearm by bequest or intestate succes­ arm or ammunition which has been sion in a State other than his State of shipped or transported in interstate or § 178.35 Skeet, trap, target, and similar residence from transporting the firearm foreign commerce, who (1) is under in­ shooting activities. into or receiving it in that State, if it is dictment for, or who has been convicted Licensing and recordkeeping require­ lawful for such person to purchase or in any court of, a crime punishable by ments, including permissible alternate possess such firearm in that State, (b) imprisonment for a term exceeding 1 shall not apply to the transportation or records, for skeet, trap, target, and simi­ year, (2) is a fugitive from justice, (3) lar organized activities shall be deter­ receipt of a rifle or shotgun obtained in is an unlawful user of or addicted to conformity with the provisions of marihuana or any depressant or stimu­ mined by the Assistant Regional Com­ §§ 178.30, 178.96, and 178.97, and (c) lant drug (as defined in section 201(v) missioner on a case by case basis.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18561

Subpart D— Licenses relics. A collector’s license does not au­ and the penalties imposed by 18 U.S.C. thorize the collector to engage in a 924. The application shall be accom­ § 178.41 General. business required to be licensed under the panied by the appropriate fee in the (a) Each person intending to engage Act or this part. Therefore, if the acqui­ form of (1) cash, or (2) money order or in business as in importer or manufac­ sitions and dispositions of curios and check made payable to the Internal turer of, or a dealer in, firearms or am­ relics by a collector bring the collector Revenue Service. Forms 7 (Firearms) munition shall, before commencing such within the definition of a manufacturer, may be obtained from any Assistant business, obtain the license required by importer, or dealer under this part, he Regional Commissioner or from any this subpart for the business to be op­ shall qualify as such. (See also §178.93 of District Director. erated. Each person who desires to obtain this part.) (b) Any person who desires to obtain the privileges granted by the Act and § 178.42 License fees. the privileges granted to a licensed col­ this part to a licensed collector may ob­ lector under the Act and this part on or tain such a license under the provisions Each applicant shall pay a fee for after the effective date of this part, or of this subpart. obtaining a license, a separate fee being who has not timely submitted application (b) Each person intending to engage required for each business or collecting for renewal of his previous license issued in business as a firearms or ammunition activity at each place of such business under this part, shall file with the Dis­ importer, manufacturer, or dealer shall or activity, as follows: trict Director for the internal revenue file an application?' with the required fee (a) For a manufacturer: district in which the applicant is to (see § 178.42), with the District Director (1) Of destructive devices or ammuni­ maintain his collection premises an ap­ for the internal revenue district in which tion for destructive devices—$1,000 per plication, Form 7 (Firearms), in dupli­ his premises are to be located, and, pur­ year. cate. The application, Form 7 (Fire­ suant to § 178.47, receive the license re­ (2) Of firearms other than destructive arms), shall include information as to quired for such business from the Assist­ devices—$50 per year. the ownership of the activity, the type of ant Regional Commissioner. A separate (3) Of ammunition for firearms other premises to be maintained by the appli­ license must be obtained for each busi­ than destructive devices— $10 per year. cant for the activity, and the identity of ness and each place at which the appli­ (b) For an importer: the responsible persons in the activity. cant is to do business. Such license shall, (1) Of destructive devices or ammuni­ The application must be executed under subject to the provisions of the Act and tion for destructive devices—$1,000 per the penalties of perjury and the penal­ other applicable provisions of law, entitle year. ties imposed by 18 U.S.C. 924. The appli­ the licensee to transport, ship, and re­ (2) Of firearms other than destructive cation shall be accompanied by a $10 fee ceive firearms and ammunition covered devices or ammunition for firearms other in the form of (1) cash, or (2) money by such license in interstate or foreign than destructive devices—$50 per year. order or check made payable to the In­ commerce, and to engage in the business (c) For a dealer: ternal Revenue Service. Forms 7 (Fire­ specified by the license, at the location (1) In destructive devices or ammuni­ arms) may be obtained from any Assist­ described on the license, and for the pe­ tion for destructive devices—$1,000 per ant Regional Commissioner or from any riod stated on the license: Provided, That year. District Director. it shall not be necessary for a licensed (2) Who is a pawnbroker dealing in (c) Any person holding a valid license importer or a licensed manufacturer to firearms other than destructive devices issued pursuant to the provisions of the also obtain a dealer’s license in order to or ammunition for firearms other than Federal Firearms Act to manufacture, engage in business on his licensed prem­ destructive devices—$25 per year. import or deal in firearms or ammuni­ ises as a dealer in the same type of fire­ (3) Who is not a dealer in destructive tion for pistols or revolvers may continue arms or ammunition authorized by his devices or a pawnbroker— $10 per year. to conduct such business under such li­ license to be imported or manufactured: (d) For a collector of curios and cense until that license expires accord­ Provided further, That the payment of relics— $10 per year. ing to its terms, unless that license be the license fee as an importer or manu­ § 178.43 Licenseiee not refundable. sooner terminated pursuant to applica­ facturer of, or a dealer in, destructive ble provisions of law. If the holder of a devices and ammunition for destructive No refund of any part of the amount paid as a licensee fee shall be made where license issued pursuant to the Federal devices includes the privilege of import­ Firearms Act intends to continue his ing, manufacturing or dealing in, as the the operations of the licensee are, for any reason, discontinued during the firearms or ammunition business follow­ case may be, firearms other than de­ ing the expiration of such license, he structive devices and ammunition for period of an issued license. However, the license fee submitted with an application shall comply with the provisions con­ other than destructive devices by such a tained in paragraph (a) of this section licensee at his licensed premises. for a license shall be refunded if that application is denied. prior to the expiration of the period (c) Each person seeking the privileges covered by the license, and upon com­ of a collector licensed under this part § 178.44 Original license. pliance with those provisions such an shall file an application, with the re­ (a) Any person who intends to engage applicant may continue such operations quired fee (see §17,8.42), with the District as were authorized by his expired license Director for the internal revenue district in business as a firearms or ammunition importer, manufacturer, or dealer on or under this part until his application is in which his collection premises are to finally acted upon. be located, and, pursuant to § 178.47, re­ after the effective date of this part, or ceive from the Assistant Regional Com- who has not previously been licensed § 178.45 Renewal o f license. nussioner the license covering the collec­ under the provisions of this part to so engage in business, or who has not timely If a licensee intends to continue the tion of curios and relics. A separate li­ business or activity described on a license cense may be obtained for each collec­ submitted application for renewal of his previous license issued under this part, issued under this part during any portion tion premises, and such license shall, shall, except as provided in paragraph of the ensuing year, he shall, unless subject to the provisions of the Act and otherwise notified in writing by the As­ other applicable provisions of law, en­ (c) of this section, file with the District Director for the internal revenue district sistant Regional Commissioner, execute title the licensee to transport, ship, re­ and file prior to the expiration of his ceive, and acquire curios and relics in in which the applicant is to do business an application, Form 7 (Firearms), in license an application for license re­ interstate or foreign commerce, and to newal, Form 8 (Firearms) (Part 3), ac­ niake disposition of curios and relics in duplicate. The application, Form 7 (Fire­ arms), shall include information as to companied by the required fee, with interstate or foreign commerce to any the District Director for the internal other person licensed under the provi­ the ownership of the business, the type of firearms or ammunition to be dealt in, revenue district in which the business or sions of this part, for the period stated activity is operated. The Assistant Re­ on the license. the type of business premises, the busi­ gional Commissioner may, in writing, re­ (d) The collector license provided by ness hours, the business history, and the quire an applicant for license renewal to his part shall apply only to transactions identity of the responsible persons in the also file completed Form 7 (Firearms) in related to a collector’s activity in acquir­ business. The application must be the manner required by § 178.44. In the ing, holding or disposing of curios and executed under the penalties of perjury event the licensee does not timely file a

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18562 RULES AND REGULATIONS

Form 8 (Firearms) (Part 3), he must file transporting firearms in commerce or shall entitle the person to whom issued a Form 7 (Firearms) as required by affecting commerce, if the application is to engage in the business or activity § 178.44, and obtain the required license for a license relating to firearms. specified on the license, within the limi­ before continuing business or collecting (c) The Assistant Regional Commis­ tations of the Act and the regulations activity. If a Form 8 (Firearms) (Part 3) sioner shall approve or deny an applica­ contained in this part, for the period is not timely received through the mails, tion for license within the 45-day period stated on the license, unless sooner the licensee should so notify his Assistant beginning on the date the application terminated. Regional Commissioner. was received by the District Director: Provided, That when an applicant for § 178.50 Locations covered by license. § 178.46 Procedure by District Director. license renewal is a person who is, pur­ The license covers the class of busi­ Upon receipt of an application for an suant to the provisions of § 178.82, ness or the activity specified in the li­ original license on Form 7 (Firearms) or § 178.143, or § 178.144, conducting busi­ cense at the address described therein. an application for renewal of a license ness or collecting activity under a pre­ Accordingly, a separate license must be on Form 8 (Firearms) (Part 3) or a re­ viously issued license, action regarding obtained for each location at which a quired Form 7 (Firearms), the District the application will be held in abeyance firearms or ammunition business or Director shall deposit the fee accom­ pending the completion of the proceed­ activity requiring a license under this panying the license application and for­ ings against the applicant’s existing part is conducted; however, no license is ward the application to the Assistant license or license application, final de­ required to cover a separate warehouse Regional Commissioner. Where an appli­ termination of the applicant’s criminal used by the licensee solely for storage of cation is filed with an insufficient fee, the case, or final action by the Commis­ firearms or ammunition if the records re­ application and any fee submitted shall sioner of an application for relief sub­ quired by this part are maintained at the be returned. mitted pursuant to § 178.144, as the case licensed premises served by such ware­ house: Provided, That a licensed collec­ § 178.47 Issuance o f license. may be. (d) When the Assistant Regional tor may acquire curios and relics at any (a) Upon receipt of a properly ex­ Commissioner fails to act on an applica­ location, and dispose of curios or relics ecuted application for a license on Form 7 tion for license within the 45-day to any licensee, or to other persons who (Firearms), or Form 8 (Firearms) (Part period prescribed by paragraph (c) of are residents of the State where the col­ 3), the Assistant Regional Commis­ this section, the applicant may file an lector’s license is held and the disposi­ sioner may, upon finding through further action under section 1361 of title 28, tion is made. inquiry or investigation, or otherwise, United States Code, to compel the Assist­ § 178.51 License not transferable. that the applicant is entitled thereto, ant Regional Commissioner to act. issue the appropriate license and a copy Licenses issued under this part are not thereof. Each license shall bear a serial § 178.48 Correction o f error on license. transferable. In the event of the lease, number and such number may be as­ (a) Upon receipt of a license issued sale, or other transfer of the operations signed to the licensee to whom issued for under the provisions of this part, each authorized by the license, the successor so long as he maintains continuity of licensee shall examine same to ensure must obtain the license required by this annual renewal in the same internal that the information contained thereon part prior to commencing such opera­ revenue district. is accurate. If the license is incorrect, the tions. However, for rules on right of suc­ (b) The Assistant Regional Commis­ licensee shall return the license to the cession, see § 178.56. sioner shall approve a properly executed Assistant Regional Commissioner with § 178.52 Change o f address. application for license on Form 7 (Fire­ a statement showing the nature of the arms) , or Form 8 (Firearms) (Part 3), if: error. The Assistant Regional Commis­ A licensee may during the term of his (1) The applicant is 21 years of age or sioner shall correct the error, if the current license remove his business or over; error was made in his office, and return activity to a new location at which he (2) The applicant (including, in the the license. However, if the error resulted intends regularly to carry on such busi­ case of a corporation, partnership, or from information contained in the li­ ness or activity, without procuring a association, any individual possessing, censee’s application for the license, the new license. However, in every case, directly or indirectly, the power to direct Assistant Regional Commissioner shall whether or not the removal is from or cause the direction of the manage­ require the licensee to file an amended one internal revenue region to another, ment and policies of the corporation, application setting forth the correct in­ notification of the new location of the partnership, or association) is not pro­ formation and a statement explaining business or activity must be given not hibited from transporting, shipping, or the error contained in the application. less than 10 days prior to such removal receiving firearms or ammunition in in­ Upon receipt of the amended application to the Assistant Regional Commissioner terstate or foreign commerce under the and a satisfactory explanation of the for the internal revenue region from, provisions of the Act; error, the Assistant Regional Commis­ which or within which the removal is to (3) The applicant has not willfully sioner shall make the correction on. the .be made, and the Assistant Regional violated any of the provisions of the Act license and return same to the licensee. Commissioner for the internal revenue or this part; (b) When the Assistant Regional region to which the removal is to be (4) The applicant has not willfully Commissioner finds through any means made. In each instance, the license and failed to disclose any material informa­ other than notice from the licensee that the copy thereof furnished with the li­ tion required, or has not made any false an incorrect license has been issued, the cense must be submitted for endorse­ statement as to any material fact, in Assistant Regional Commissioner may ment to the Assistant Regional Commis­ connection with his application; require the holder of the incorrect license sioner having jurisdiction over the in­ (5) The applicant has in a State (i) to (1) return the license for correction, ternal revenue region to which or within premises from which he conducts busi­ and (2) if the error resulted from in­ which removal is to be made. After en­ ness subject to license under the Act formation contained in the licensee’s dorsement of the license and the copy or from which he intends to conduct application for the license, the Assistant thereof to show the new address, and the such business within a reasonable period Regional Commissioner shall require the new license number, if any, the Assist­ of time, or (ii) in the case of a collector, licensee to file an amended application ant Regional Commissioner will return premises from which he conducts his setting forth the correct information, same to the licensee. collecting subject to license under the , and a statement explaining the error § 178.53 Change in trade name. Act or from which he intends to conduct contained in the application. The Assist­ such collecting within a reasonable ant Regional Commissioner then shall A licensee continuing to conduct busi­ period of time; and make the correction on the license and ness at the location shown on his license (6) The applicant is not prohibited by return same to the licensee. is not required to obtain a.new license by the provisions of Title VII of the Omnibus reason of a mere change in trade name Crime Control and Safe Streets Act of § 178.49 Duration o f license. under which he conducts his business. 1968, as amended (82 Stat. 236; 18 U.S.C. A license shall not be issued for a Provided, That such licensee furnishes Appendix) from receiving, possessing or period of less than 1 year. The license his license for endorsement of such

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18563 change to the Assistant Regional Com­ business was located notification of the ing. On conclusion of the hearing and missioner for the internal revenue region discontinuance or succession. (See also consideration of all relevant facts and in which the licensee conducts his busi­ § 178.127.) circumstances presented by the appli­ ness within 30 days from the date the § 178.58 State or other law. cant or his representative, the Assistant licensee begins his business under the Regional Commissioner shall render his new trade name. A license issued under this part con­ decision confirming or reversing the fers no right or privilege to conduct busi­ denial of the application. If the decision § 178.54 Change of control. ness or activity contrary to State or other is that the denial should stand, a certi­ In the case of a corporation or asso­ law. The holder of such a license is not fied copy of the Assistant Regional Com­ ciation holding a license under this part, by reason of the rights and privileges missioner’s findings and conclusions if actual or legal control of the corpo­ granted by that license immune from shall be furnished to the applicant with ration or association changes, directly or punishment for operating a firearm or a final notice of denial, Form 4501. A indirectly, whether by reason of change ammunition business or activity in vio­ copy of the application, marked “Dis­ in stock ownership or control (in the lation of the provisions of any State or approved,” will be returned to the appli­ licensed corporation or in any other cor­ other law. Similiarly, compliance with cant. If the decision is that the license poration), by operations of law, or in the provisions of any State or other law applied for should be issued, the appli­ any other manner, the licensee shall, affords no immunity under Federal law cant shall be so notified, in writing, and within 30 days of such change, give writ­ or regulations. the license shall be issued as provided ten notification thereof, executed under § 178.59 Abandoned application. by § 178.47. the penalties of perjury, to the Assistant Regional Commissioner. Upon expira­ Upon receipt of an incomplete or im­ § 178.73 Notice o f contemplated revo­ tion of the license, the corporation or properly executed application on Form 7 cation. association must file a Form 7 (Firearms) (Firearms), or Form 8 (Firearms) (Part Whenever the Assistant Regional as required by § 178.44. 3), the applicant shall be notified of the Commissioner has reason to believe that deficiency in the application. If the ap­ a licensee has violated any provision of § 178.55 Continuing partnerships. plication is not corrected and returned the Act or this part, he may issue a Where, under the laws of the par­ within 30 days following the date of notice, on Form 4499, of contemplated ticular State, the partnership is not ter­ notification, the application shall be revocation of the license. The notice minated on death or insolvency of a considered as having been abandoned shall set forth the matters of fact con­ partner, but continues until the wind­ and the license fee returned. stituting the violations specified, dates, ing up of the partnership affairs is com­ § 178.60 Certain continuances of busi­ places, and the sections of law and regu­ pleted, and the surviving partner has ness. lations violated. The Assistant Regional the exclusive right to the control and Commissioner shall afford the licensee possession of the partnership assets for A licensee who furnishes his license to 15 days from the date of receipt of the the purpose of liquidation and settle­ the Assistant Regional Commissioner for notice, in which to request a hearing ment, such surviving partner may con­ correction or endorsement in compliance prior to revocation of the license. If the tinue to operate the business under the with the provisions contained in this licensee does not file a timely request for license of the partnership. If such sur­ subpart may continue his operations a hearing, the Assistant Regional Com­ viving partner acquires the business on while awaiting its return. missioner shall issue a notice of revoca­ completion of the settlement of the part­ Subpart E— License Proceedings tion, Form 4500, as provided in § 178.74. nership, he shall obtain a license in his § 178.74 Request for hearing after no­ own name from the date of acquisition, § 178.71 Denial of an application for as provided in § 178.44. The rule set forth license. tice o f contemplated revocation. in this section shall also apply where Whenever the Assistant Regional If a licensee desires a hearing pursu­ there is more than one surviving partner. Commissioner has reason to believe that ant to receipt of a notice of contemplated revocation of his license, he shall file § 178.56 Right of succession by certain an applicant is not eligible to receive a license under the provisions of § 178.47, a request therefor, in duplicate, with the persons. Assistant Regional Commissioner within (a) Certain persons other than the he may issue a notice of denial, on Form 4498, to the applicant. The notice shall 15 days after receipt of the notice of licensee may secure the right to carry contemplated revocation. On receipt on the same firearms or ammunition set forth the matters of fact and law relied upon in determining that the ap­ thereof, the Assistant Regional Commis­ business at the same address shown on, sioner shall, as expeditiously as possible, and for the remainder of the term of, plication should be denied, and shall af­ ford the applicant 15 days from the date make the necessary arrangements for a current license. Such persons are: of receipt of the notice in which to re­ the hearing and advise the licensee of (1) The surviving spouse or child, or quest a hearing to review the denial. If the date, time, location and the name executor, administrator, or other legal no request for a hearing is filed within of the officer before whom the hearing representative of a deceased licensee; will be held. Such notification shall be and such time, the application shall be dis­ approved and a copy, so marked, shall be made not less than 10 days in advance (2) a receiver or trustee in bank­ returned to the applicant. of the date set for the hearing. On con­ ruptcy, or an assignee for benefit of clusion of the hearing and consideration creditors. § 178,72 Hearing after application de­ of all relevant presentations made by the . (b) In order to secure the right pro­ nial. licensee or his representative, the As­ vided by this section, the person or per­ If the applicant for an original or re­ sistant Regional Commissioner shall sons continuing the business shall fur- newal license desires a hearing to review render his decision and shall prepare a nish the license for that business for the denial of his application, he shall brief summary of the findings and con­ endorsement of such succession to the file a request therefor, in duplicate, with clusions on which the decision is based. Assistant Regional Commissioner for the the Assistant Regional Commissioner If the decision is that the license should internal revenue region in which the within 15 days after receipt of the notice be revoked, a certified copy of the sum­ business is conducted within 30 days of denial. The request should include a mary shall be furnished to the licensee from the date on which the successor be­ with the notice of revocation on Form gins to carry on the business. statement of the reasons therefor. On receipt of the request, the Assistant Re­ 4500. If the decision is that the license § 178.57 Discontinuance o f business. gional Commissioner shall, as expedi­ should not be revoked, the licensee shall be so notified in writing. Where a firearm or ammunition busi­ tiously as possible, make the necessary ness is either discontinued or succeeded arrangements for the hearing and advise § 178.75 Hearing after notice of revo­ by a new owner, the owner of the busi- the applicant of the date, time, location, cation. and the name of the officer before whom ness discontinued or succeeded shall (a) No hearing held prior to notice of within 30 days thereof furnish to the As- the hearing will be held. Such notifica­ revocation. If the licensee did not request istant Regional Commissioner for the tion shall be made not less than 10 days a hearing on receipt of the notice of con­ nternal revenue region in which his in advance of the date set for the hear­ templated revocation of his license,

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18564 RULES AND REGULATIONS

Form 4499, but does file a timely request notice of revocation on Form 4501; or to has expired, or (b) the revocation date for a hearing after being served the inform the licensee that the license shall specified in the notice of revocation on notice of revocation, Form 4500, the remain in effect. Any decision of the Di­ Form 4500 served on the licensee has Assistant Regional Commissioner shall rector for the revocation of a license passed: Provided, That under the condi­ arrange for, and conduct, a hearing in shall include a statement of the findings tion of paragraph (a) of this section, the the manner prescribed.in § 178.74, except and conclusions upon which it is based, licensee has timely filed an application that the place of hearing will be deter­ including his ruling on each proposed for the renewal of his license. If a licen­ mined as provided by § 178.81. If, after finding, conclusion, and exception to the see is dissatisfied with a posthearing hearing, the Assistant Regional Com­ examiner’s recommended decision, to­ decision revoking the license or denying missioner is still of the opinion that the gether with a statement fcf his findings the application, as the case may be, he license should be revoked, he will serve and conclusions, and reasons or basis may, pursuant to 18 U.S.C. 923(f)(3), final notice of revocation, Form 4501, on therefor, upon all material issues of fact, within 60 days after receipt of the final the licensee, with a copy of his findings law, or discretion presented on the record. notice denying the application or re­ and conclusions. If he decides that the A signed duplicate original of the deci­ voking the license, file a petition for ju­ license should not be revoked, he wifi so sion shall be served on the licensee and dicial review of such action. Such peti­ notify the licensee, in writing. a copy containing certificate of service tion should be filed with the U.S. district (b) Hearing held prior to notice ofshall be retained by the Assistant Re­ court for the district in which the appli­ revocation. If a hearing was held prior gional Commissioner for his files, and the cant or licensee resides or has his princi­ to notice of revocation, Form 4500, and original shall be placed in the official pal place of business. In such case, when the licensee files a timely request for a record of the proceeding. the Assistant Regional Commissioner hearing after receipt of a notice of revo­ § 178.79 Service on applicant or licensee. finds that justice so requires, he may (1) cation, the Assistant Regional Commis­ postpone the effective date of revocation All notices and other formal docu­ of a license or (2) authorize continued sioner shall refer the matter to the hear­ ments required to be served on an appli­ ing examiner, appointed under 5 U.S.C. operations under the expired license, as cant or licensee under this subpart shall applicable, pending judicial review. 3105, designated to preside over such be served by certified mail of by personal hearing. The examiner shall set a time delivery. Where service is by certified Subpart F— Conduct of Business and place for the hearing and shall serve mail, a signed duplicate original copy § 178.91 Posting o f license. notice thereof on the licensee and the of the formal document shall be mailed, Assistant Regional Commissioner at with return receipt requested, to the ap­ Any license issued under this part shall least 10 days in advance of the hearing plicant or licensee at the address stated be kept posted and kept available for date. Such hearing shall be conducted in his application or license, or at his inspection on the premises covered by the under the applicable provisions of Part last known address. Where service is by license. 200 of this chapter, including those with personal delivery, a signed duplicate Each licensed manuf acturer or licensed respect to stipulations at hearings, evi­ original copy of the formal document importer of any firearm manufactured dence, and closing of hearings. shall be delivered to the applicant or or imported on or after the effective date § 178.76 Recommended decision o f hear­ licensee, or, in the case of a corporation, of this part shall legibly identify each ing examiner. partnership, or association, by deliver­ such firearm by engraving, casting, Within a reasonable time after the ing it to an officer, manager, or general stamping (impressing), or otherwise con­ conclusion of a hearing held as pro­ agent thereof, or to its attorney of record. spicuously placing or causing to be en­ graved, cast, stamped (impressed) or vided in § 178.75, and as expeditiously as § 178.80 Representation at a hearing. possible, the examiner shall render a placed on the frame or receiver thereof recommended decision. Such decision An applicant or licensee may be rep­ in a manner not susceptible of being shall become a part of the record and, resented by an attorney or other person readily obliterated, altered, or removed, if proposed findings and conclusions recognized to practice before the Internal an individual serial number not dupli- have been filed, shall show the exam­ Revenue Service as provided in 31 CFR cating any serial number placed by the iner’s ruling upon each of such proposed Fart 10 (Treasury Department Circular manufacturer or importer on any other findings and conclusions. Decisions shall No. 230), if he has otherwise complied firearm, and by engraving, casting, consist of (a) a brief statement of the with the applicable requirements of stamping (impressing), or otherwise issues of fact involved in the proceed­ §§ 601.521-601.527 of this chapter. The conspicuously placing or causing to be ing; (b) the examiner’s findings and Assistant Regional Commissioner may engraved, cast, stamped (impressed) or conclusions, as well as the reasons and be represented in proceedings under placed on the frame, receiver, or barrel basis therefor, upon all the material § 178.75(b) by an attorney in the office thereof in a manner not susceptible of issues of fact, law or discretion presented of the regional counsel who is authorized being readily obliterated, altered or re­ on the record; and (c) the examiner’s to execute and file motions, briefs and moved, the model, if such designation recommended determination on the other papers in the proceeding, on be­ has been made; the caliber or gauge; record. half of the Assistant Regional Commis­ the name (or recognized abbreviation of sioner, in his own name as “Attorney for same) of the manufacturer and also, § 178.77 Certification and transmittal of the Government.” when applicable, of the importer; in the record and recommended decision to case of a domestically made firearm, the Director. § 178.81 Designated place of hearing. city and State (or recognized abbrevia­ After reaching his decision, the exam­ The designated place of hearing shall tion thereof) wherein the licensed man­ iner shall certify to the complete record be at a location convenient to the ag­ ufacturer maintains his place of busi­ of the proceeding before him and shall grieved party: Provided, That any hear­ ness; and in the case of an imported immediately forward it, together with ing held after notice of contemplated firearm, the name of the country m two copies of his recommended decision, revocation but prior to the notice of revo­ which manufactured and the city and to the Director, and wifi forward two cation shall be at the office of the As­ State (or recognized abbreviation there­ copies of his recommended decision to sistant Regional Commissioner. of) of the importer : Provided, That the the Assistant Regional Commissioner for § 178.82 Operations by licensees after Director may authorize other means oi his files. notice. identification of the licensed manufac­ turer or licensed importer upon receip § 178.78 Decision of Director. In any case where denial or revocation of letter application, in duplicate, from After consideration of the record proceedings are pending before the In­ same showing that such other identifica­ and the recommended decision of the ternal Revenue Service, or notice of tion is reasonable and will not hinder examiner, the Director shall approve or denial or revocation has been served on the effective administration of this part: disapprove the findings, conclusion, and the licensee and he has filed timely re­ Provided, further, That in the case oi a recommended decision of the examiner, quest for a hearing, the license in the destructive device, the Director may au­ and he shall direct the Assistant Re­ possession of the licensee shall remain thorize other means of identifying that gional Commissioner to Issue a final in effect even though (a) such license weapon upon receipt of letter apphca-

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18565

tion, in duplicate, from the licensed man­ § 178.95 Certified copy of license. of him to be kept under the provisions of ufacturer or licensed importer showing Subpart H of this part. that engraving, casting, or stamping (im­ Each person licensed under the provi­ sions of this part shall be furnished to­ (c) A licensed importer, licensed man­ pressing) such a weapon would be dan­ ufacturer, or licensed dealer may sell or gerous or impracticable. A firearm frame gether with his license a copy thereof for his certification. If such a person desires deliver a rifle or shotgun, and (a licensed or receiver which is not a component collector may sell or deliver a rifle or part of a complete weapon at the time an additional copy of his license for cer­ tification and for use pursuant to § 178.- shotgun which is a curio or relic), to a it is sold, shipped, or otherwise disposed 94, he shall: nonlicensed resident of a State contigu­ of by a licensed manufacturer or licensed ous to the State in which the licensee’s importer, ¡Shall be identified as required (a) Make a reproduction of the copy of his license and execute same, or place of business is located if the pur- by this section. chaser’S' State of residence has enacted (b) Make a reproduction of his li­ § 178.93 Authorized operations by a li­ legislation, currently in force, specifi­ censed collector. cense, enter upon such reproduction the cally authorizing a resident of that State statement: “I certify that this is a true to purchase a rifle or shotgun in a con­ The license issued to a collector of cu­ copy of a license issued to me to engage tiguous State, the sale fully complies rios or relics under the provisions of this in the business specified in Item 5” and with the legal conditions of sale in both part shall cover only transactions by the sign his name adjacent thereto, or such contiguous States, and the pur­ licensed collector in curios and relics. (c) Submit a request, in writing, for chaser and the licensee have, prior to the The collector’s lieense is of no force or certified copies of his license to the As­ sale. or delivery for sale, of the rifle or effect and a licensed collector is of the sistant Regional Commissioner for the shotgun, complied with all the require­ same status under the Act and this part internal revenue region in which the li­ ments of paragraph (b) of this section as a nonlicensee with respect to (a) any cense was issued. The request shall set applicable to intrastate transactions oc­ acquisition or disposition of firearms or forth the name, trade name (if any) and curring on other than the licensee’s busi­ ammunition other than curios or relics, address of the licensee, and the number ness premises. or any transportation, shipment, or re­ of copies of the license desired. There (d) A licensed dealer may sell to any ceipt of firearms or ammunition other shall be imposed a fee of $1 for each nonlicensee who is a resident of a State than curios or relics in interstate or for­ copy of a license issued by the Assistant other than the State in which the li­ eign commerce, and (b) any transaction Regional Commissioner under the pro­ censed dealer’s premises are located, and with a nonlicensee involving any firearm visions of this paragraph. Fee payment who is participating in any organized or ammunition other than a curio or shall accompany each such request for rifle or shotgun mateh or contest, or is relic. (See also § 178.50.) additional copies of a license. Such fee engaged in hunting, in the State in § 178.94 Sales or deliveries between shall be paid by (1) cash, or (2) money which the licensed dealer’s premises are licensees. order or check made payable to the In­ located, and whose rifle or shotgun has A licensed importer, licensed manu­ ternal Revenue Service. been lost or stolen or has become inoper­ facturer, or licensed dealer selling or § 178.96 Out-of-Slate and mail order ative in the State in which the licensed otherwise disposing of firearms or am­ sales. dealer’s premises are located, if the non­ licensee presents to the licensed dealer a munition, and a licensed collector selling (a) The provisions of this section shall or otherwise disposing of curios-or relics, sworn statement, in duplicate, (1) that apply in any case where a firearm pur­ his rifle or shotgun was lost or stolen or to another licensee shall verify the iden­ chased by or delivered to the person so tity and licensed status of the trans­ became inoperative while participating receiving the firearm is not otherwise in such a match or contest, or while en­ feree prior to making the transaction. prohibited by the Act or this part. On and after February 14, 1969, such gaged in hunting, in the State in which verification shall be established by the (b) A licensed importer, licensed man­ the licensed dealer’s business premises transferee furnishing to the transferor a ufacturer, or licensed dealer may sell a are located, (2) setting forth the name certified copy of the transferee’s license firearm to a nonlicensee who doés not ap­ and address of the organized rifle or and by such other means as the trans­ pear in person at the licensee’ s business shotgun match or contest, or the nature feror deems necessary: Provided, That it premises if the nonlicensee is a resident and location of the hunting, and the cir­ shall not "be required (a) for a trans­ of the same State in which the licensee’s cumstances surrounding the firearm’s feree who has furnished a certified copy business premises are located, and the loss or theft, or the reason why the fire­ of his license to a transferor to again nonlicensee furnishes to the licensee the arm has become inoperative, and (3) furnish such certified copy to that trans­ firearms transaction record, Form 4473, identifying the chief law enforcement feror during the term of the transferee’s required by § 178.124. The nonlicensee officer (sheriff, chief of police, or police current license, and (b) for licensees of shall attach to such record a true copy precinct captain) of the locality in which multilicensed business organizations to of any permit or other information re­ the nonlicensee resides. Immediately furnish certified copies of their licenses quired pursuant to any statute of the upon delivery of the rifle or shotgun to to other licensed locations operated by State and published ordinance applicable the nonlicensee, the licensed dealer shall such organization : Provided further, to the locality in which he resides. The forward a copy of the sworn statement, That a multilicensed business organiza­ licensee shall prior to shipment or de­ by registered mail, to the chief law en­ tion may furnish to a transferor, in lieu livery of the firearm, forward by regis­ forcement officer named by the non­ of a certified copy of each license, a list, tered or certified mail (return receipt re­ licensee. The licensee shall retain the certified to be true, correct and com­ quested) a copy of the record, Form 4473, original sworn statement, and evidence plete, containing the name, address, to the chief law enforcement officer of delivery of the copy thereof to the named on such record, and delay ship­ chief law enforcement officer, as a part license number, and the date of license ment or delivery of the firearm for a expiration of each licensed location op- , of the records required of him under period of at least 7 days following re­ Subpart H of this part. crated by such organization, and the ceipt by the licensee* of the return receipt transferor may sell or otherwise dispose evidencing delivery of the copy of the § 178.97 Loan or rental o f firearms. of firearms and ammunition as provided record to such chief law enforcement of­ A licensee may loan or rent a firearm oy this section to any licensee appearing ficer, or the return of the copy of the on such list without requiring a certified to any person for temporary use off the copy of a license therefrom. A transferor record to him due to the refusal of such premises of the licensee for lawful sport­ chief law enforcement officer to accept ing purposes: Provided, That the deliv­ licensee who has the certified informa­ same in accordance with U.S. Post Office ery of the firearm to such person is not tion required by this section may sell or Department regulations. The original prohibited by § 178.99(b) or § 178.99(c), dispose of firearms or ammunition to a Form 4473, and evidence of receipt or and the licensee records such loan or licensee for not more than 45 days fol­ rejection of delivery of the copy of the rental in the records required to be kept Form 4473 sent to the chief law enforce­ by him under Subpart H of this part. A lowing the expiration date of the trans­ ment officer shall be retained by the li­ club, association, or similar organi­ feree's license. censee as a part of the records required zation temporarily furnishing firearms

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18566 RULES AND REGULATIONS

(whether by loan, rental, or otherwise) (b) A licensed importer, licensed man­ munition may be imported or brought to participants in a skeet, trap, target, ufacturer, licensed dealer, or licensed into the United States except as provided or similar shooting activity for use at collector shall not sell Or deliver (1) any by this part. the time and place such activity is held firearm or ammunition to any individual (b) Where a firearm or ammunition is does not, unattended by other circum­ who the importer, manufacturer, dealer, imported and the authorization for im­ stances, cause such club, association, or or collector knows or has reasonable portation required by this subpart has similar organization to be engaged in #cause to believe is less than 18 years of not been obtained by the person import­ the business of a dealer in firearms or as age, and, if the firearm, or ammunition, ing same, such person shall : engaging in firearms transactions. There­ is other than a shotgun or rifle, or am- ' (1) Store, at his expense, such firearm fore, the licensing and recordkeeping re­ muntion for a shotgun or rifle, to any or ammunition at a facility designated quirements contained in this part per­ individual who the importer, manufac­ by U.S. Customs or the Assistant Re­ taining to firearms transactions would turer, dealer, or collector knows or has gional Commissioner to await the issu­ not apply to this temporary furnishing reasonable cause to believe is less than ance of the required authorization or of firearms for use on premises on which 21 years of age, or (2) any firearm or other disposition ; or such an activity is conducted. ammunition to any person in any State (2) Abandon such firearm or ammuni­ where the purchase or possession by such tion to the U.S. Government; or § 178.98 Sales or deliveries o f destruc­ person of such firearm or ammunition (3) Export such firearm or ammuni­ tive devices and certain firearms. would be in violation of any State law or tion. The sale or delivery by a licensee of any any published ordinance applicable at (c) Any inquiry relative to the pro­ destructive device, machinegun, short- the place of sale, delivery-dr other dis­ visions or procedures under this subpart, barreled shotgun, or short-barreled rifle, position, unless the importer, manufac­ other than that pertaining to the pay­ to any person other than another licensee turer, dealer or collector knows or has ment of customs duties or the release who is licensed under this part to deal in reasonable cause to believe that the pur­ from Customs custody of firearms or such device or firearm, is prohibited chase or possession would not be in viola- ' ammunition authorized by the Director unless the person to receive such device tion of such State law or such published to be imported, shall be directed to the or firearm furnishes to the licensee a ordinance. Assistant Regional Commissioner for sworn statement, in triplicate, setting (c) A licensed importer, licensed man-? reply. forth (a) the reasons why there is a rea­ ufacturer, licensed dealer, or licensed col­ § 178.112 Importation by a licensed im­ sonable necessity for such person to pur­ lector shall not sell or otherwise dispose porter. chase or otherwise acquire the device or of any firearm or ammunition to any weapon, and (b) that such person’s re­ person knowing or having reasonable (a) No firearm or ammunition shall be ceipt or possession of the device or cause to believe that such person (1) is imported or brought into the United weapon would be consistent with public except as provided under § 178.143, under States by a licensed importer (as defined safety. Such sworn statement shall be indictment for, or, except as provided in § 178.11) unless the Director has au­ attached to the application to transfer under § 178.144, has been convicted in thorized the importation of the firearm and register the firearm required by any Court of a crime punishable by im­ or ammunition, or the firearm or ammu­ Part 179 of this chapter. The sale or prisonment for a term exceeding 1 year, nition is listed on the Importation List delivery of the device or weapon shall (2) is a fugitive from justice, (3) is an compiled by the Director as provided by not be made until the application for unlawful user of dr addicted to mari­ paragraph (c) of this section. transfer is approved by the Director and huana or any depressant or stimulant (b) An application for a permit, Form returned to the licensee (transferor) as drug (as defined in section 201 (v) of the 6 (Firearms), to import or bring a fire­ provided in Part 179 of this chapter. Federal Food, Drug, and Cosmetic Act; arm or ammunition into the,. United 21 U.S.C. 321 (v) ), or narcotic drug (as States or a possession thereof under this § 178.99 Certain prohibited sales or de­ defined in section 4731 (a) of the Internal section shall be filed, in triplicate, with liveries. Revenue Code of 1954), or (4) has been the Director. The application shall con­ (a) A licensed importer, licensed man­adjudicated as a mental defective or has tain (1) the name, address, and license ufacturer, licensed dealer, or licensed been committed to any mental institu­ number of the importer, (2) a descrip­ collector shall not sell or deliver any fire­ tion.. tion of the firearm or ammunition to be imported, including type (e.g.: rifle, arm to any person not licensed under § 178.100 Record o f transactions. shotgun, pistol, revolver), model, caliber, this part, or the Federal Firearms Act, size or gauge, barrel length (if a fire­ and who the licensee knows or has rea­ Every licensee shall maintain firearms and ammunition records in such form arm) , country of manufacture, and name sonable cause to believe does not reside of the manufacturer, (3) the unit cost in (or if a corporation or other business and manner as is prescribed by Subpart H of this part. of the firearm to be imported, (4) the entity, does not maintain a place of busi­ country from which to be imported, (5) ness in) the State in which the licensee’s Subpart G— Importation the name and address of the foreign place of business or activity is located: seller and the foreign shipper, (6^veri­ Provided, That the foregoing provisions § 178.111 General. fication that if a firearm, it will oe of this paragraph (1) shall not apply to (a) Section 922(a) (3) of the Actidentified as required by this part, ana the sale or delivery of a rifle or shotgun makes it unlawful, with certain excep­ (7) (i) if imported or brought in for (curio or relic, in the case of a licensed tions not pertinate here, for any person scientific or research purposes, a state­ collector) to a resident of a State con­ other than a licensee, to transport into ment describing such purposes, or i tiguous to the State in which the licen­ or receive in the State where he resides if for use in connection with compe­ see’s place of business or collection any firearm purchased or otherwise ob­ tition or training pursuant to chapter premises is located if the requirements of tained by him outside of that State. How­ 401 of title 10, U.S.C., a statement de­ § 178.96(c) are fully met, (2) shall not ever, section 925(a) (41 provides a limited scribing such intended use, or (m) 1 preclude any person who is participating exception for the transportation, ship­ unserviceable firearm (other than a in any organized rifle or shotgun match ment, receipt or importation of certain chine gun) being imported as a cun or contest, or is engaged in hunting, in a firearms and ammunition by certain museum piece, a description of h State other than his State of residence members of the United States armed was rendered unserviceable and an ex and whose rifle or shotgun has been lost forces. Section 922(1) of the Act makes planation of why it is a curio or nms or stolen or has become inoperative in it unlawful for any person knowingly to piece, or (iv) if a firearm, other than such other State, from purchasing a rifle import or bring into the United States surplus military firearm, of a type tnar or shotgun, in such other State from a or any possession thereof any firearm or does not fall within the definition of licensed dealer if the requirements of ammunition except as provided by sec­ firearm by section 5845(a) of the § 178.96(d) are fully met, and (3) shall tion 925(d) of the Act, which section pro­ ternal Revenue Code of 1954, and i not apply to the loan or rental of a fire­ vides standards for importing or bringing sporting purposes, an explanation o w y arm to any person for temporary use for firearms or ammunition into the United the applicant believes the lawful sporting purposes (see S 178.97). States. Accordingly, no firearm or am­ erally recognized as particularly

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18567

for or readily adaptable to sporting pur­ cause the firearm or ammunition appears a description of how it was rendered un­ poses, or (v) if ammunition being im­ on the Importation List, the licensed serviceable and an explanation of why ported for sporting purposes, a statement importer shall prepare Form 6A (Fire­ it is a curio or museum piece, or (iv) if a why the applicant believes it is generally arms), in duplicate, and furnish the firearm, other than a surplus military recognized as particularly suitable for original Form 6A (Firearms) to the Cus­ firearm, of a type that does not fall with­ or readily adaptable to sporting purposes. toms officer releasing the firearm or am­ in the definition of a firearm under In determining whether a firearm or am­ munition. The Customs officer shall, 5845(a) of the Internal Revenue Code munition is particularly suitable for or after certification, forward the Form 6A of 1954, and is for sporting purposes, an readily adaptable to sporting purposes, (Firearms) to the Assistant Regional explanation of why the applicant be­ the Director may seek the recommenda­ Commissioner: for the region wherein the lieves the firearm is generally recognized tion of the advisory board authorized by licensed importer maintains his place as particularly suitable for or readily paragraph (c) of this section. If the of business. The Form 6A (Firearms) adaptable to sporting purposes, or (v) Director approves the application, such shall show the name, address, and li­ if ammunition being imported for sport­ approved application shall serve as the cense number of the importer, the name ing purposes, a statement why the appli­ permit to import the firearms or ammu­ of the manufacturer of the firearm or cant believes it is generally recognized nition described therein, and importation ammunition, the country of manufac­ as particularly suitable for or readily of such firearms or ammunition may ture, the type, model, and caliber, size adaptable to sporting purposes. If the continue to be made by the licensed im­ or gauge, and the number of firearms or Director approves the application, such porter under the approved application rounds of ammunition released. approved application shall serve as the (permit) during the period specified (e) Within 15 days of the date of re­permit to import the firearm or ammu­ thereon. The Director shall furnish the lease from Customs custody, the licensed nition described therein. The Director approved application (permit) to the ap­ importer shall (1) forward to the Assist­ shall furnish the approved application plicant and retain two copies thereof for ant Regional Commissioner a copy of (permit) to the applicant and retain administrative use. If the Director disap­ Form 6A (Firearms) on which shall be two copies thereof for administrative proves the application, the licensed im­ reported any error or discrepancy ap­ use. If the Director disapproves the ap­ porter shall be notified of the basis for pearing on the Form 6A (Firearms) cer­ plication, the applicant shall be notified the disapproval. tified by Customs, (2) pursuant to § 178.- of the basis for the disapproval. (c) The Director may compile an Im­ 92, place all required identification data (c) A firearm or ammunition imported portation List of firearms and ammuni­ on each imported firearm if same did not or brought into the United States or a tion which he determines to be generally bear such identification data at the time possession thereof under the provisions recognized as particularly suitable for of its release from Customs custody, and of this section may be released from Cus­ or readily adaptable to sporting purposes. (3) post in the records required to be toms custody to the licensee importing The determination of the Director that maintained by him under Subpart H of the firearm or ammunition upon his a firearm or ammunition is generally rec­ this part, all required information re­ showing that he has obtained a permit ognized to be particularly suitable for garding the importation. from the Director for the importation. In or readily adaptable to sporting purposes obtaining the release of the firearm or may be made with the assistance of an § 178.113 Importation by other li­ censees. ammunition from Customs custody, the advisory board to be appointed by the licensee importing same shall furnish a Commissioner. Such board may be com­ (a) No person other than a licensed Form 6A (Firearms) to the Customs posed of persons from within and without importer (as defined in § 178.11) shall officer releasing the firearm or am­ governmental agencies who are recog­ engage in the business of importing fire­ munition. The Customs officer shall, nized as being particularly knowledgeable arms or ammunition. Therefore, no fire­ after certification, forward the Form in the use and classification of firearms arm or ammuntion shall be imported or 6A (Firearms) to the Assistant Re­ and ammunition. No firearm shall be brought into, the United States or a pos­ gional Commissioner for the region placed on the Importation List unless it session thereof by any licensee other wherein the licensee importing the fire­ is found that (1) the caliber or gauge of than a licensed importer unless the Di­ arm or ammunition maintains his li­ the firearm is suitable for use in a recog­ rector issues a permit authorizing the censed premises. The Form 6A (Fire­ nized shooting sport, (2) the type of fire­ importation of the firearm or ammu­ arms) shall show the name, address, and arm is generally recognized as particu­ nition. the license number of the licensee, the larly suitable for or readily adaptable (b) An application for a permit, Form name of the manufacturer, the country to such use, and (3) the use of the fire­ 6 (Firearms), to import or bring a fire­ of manufacture, and the type, model, and arm in a recognized ¿hooting sport will arm or ammunition into the United caliber, size (if ammunition) or gauge of not endanger the person using it due to States or a possession thereof by a li­ the firearm or ammunition so released, deterioration through such use or because censee, other than a licensed importer, and, if applicable, the number of fire­ of inferior workmanship, materials or shall be filed, in triplicate, with the Di­ arms or rounds of ammunition released. design, No ammunition shall be placed rector. The application shall contain (1) on the Importation List unless it is found the name, address, and the license num­ § 178.114 Importation by members of that (i) the caliber, size or gauge of the ber of the applicant, (2) a description the U.S. Armed Forces. ammunition is suitable for use in a rec­ of the firearm or ammunition to be im­ (a) The Director may issue a permit ognized shooting sport, (ii) the type of ported, including type (e.g.: rifle, shot­ authorizing the importation of a firearm ammunition is generally recognized as gun, pistol, revolver), model, caliber, or ammunition into the United States to Particularly suitable for or readily adapt­ size or gauge,, barrel length (if a fire­ the place of residence of any military able to such use, and (iii) the use of the arm) , country of manufacture, and member of the U.S. Armed Forces who is ammunition in a recognized shooting naiiie of the manufacturer, (3) the unit on active duty outside the United States, sport will not endanger the person using cost of the firearm or ammunition to be or who has been on active duty outside it, imported, (4) the name and address of the United States within the 60-day (d) A firearm or ammunition imported the foreign seller and the foreign ship­ period immediately preceding the in­ f brought into the United States by a per, (5) the country from which the tended importation: Provided, That such licensed importer may be released from firearm or ammunition is to be imported, firearm or ammunition is generally rec­ Customs custody to the licensed importer and (6) (i) if the firearm or ammunition ognized as particularly suitable for or upon his showing that he has obtained is being imported or brought in for sci­ readily adaptable to sporting purposes a permit from the Director for the im­ entific or research purposes, a statement and is intended for the personal use of portation of the firearm or ammunition describing such purposes, or (ii) if for such member. An application for such a to be released, or that the firearm or use in connection with competition or permit, Form 6 (Firearms), shall be filed, ammunition appears on the Importation training pursuant to chapter 401 of title in triplicate, with the Director. The ap­ "tst. in obtaining the release from Cus­ 10, U.S.C., a statement describing such plication shall contain (1) the name and toms custody of a firearm or ammuni­ intended use, or (iii) if an unserviceable current address of the applicant, (2) tion authorized by this section to be im­ firearm (other than a machine gun) be­ certification that the transportation, re­ ported through use of a permit or be­ ing imported as a curio or museum piece, ceipt, or possession of the firearm or

FEDERAL REGISTER, V O L 33, NO. 243— SATURDAY, DECEMBER 14, 1968 No. 243------3 18568 RULES AND REGULATIONS ammunition to be imported would not tion so released, and, if applicable, the for legitimate hunting or lawful sport­ constitute a violation of any provision number of firearms or rounds of am­ ing purposes, and such firearms and of the Act, Title VII of the Omnibus munition released. However, when such such ammunition as remains following Crime Control and Safe Streets Act of military member is on active duty out­ such shooting activity are to be taken 1968, as amended (82 Stat. 236; 18 U.S.C. side. the United States, he may appoint, back out of the territorial limits of the Appendix), or of any State law or local in writing, an agent to obtain the release United States by such person upon con­ ordinance at the place of the applicant’s of the firearm or ammunition from Cus­ clusion of the shooting activity; residence, (3) a description of the fire­ toms custody for him. Such agent shall (2) Foreign military personnel on of­ arm or ammunition to be imported, in­ present sufficient identification of him­ ficial assignment to the United States cluding type (e.g.: rifle, shotgun, pistol, self and the written authorization to act who bring such firearms or ammunition revolver), model, caliber, size or gauge, on behalf of such military member to into the United States for their exclusive barrel length (if a firearm), country of the Customs officer who is to release the use while on official duty in the United manufacture, and the name of the man­ firearm or ammunition. States; ufacturer, (4) the unit cost of the fire­ (c) Firearms determined by the De­ (3) Official representatives of foreign arm or ammunition to be imported, (5) - partment of Defense to be war souvenirs governments who are accredited to the the name and address of the foreign may be imported into the United States U.S. Government or are en route to or seller (if applicable) and jthe foreign by the military members of the U.S. from other countries to which ac­ shipper, (6) the country from which the Armed Forces under such provisions and credited; firearm or ammunition is to be imported, procedures as the Department of De­ (4) Officials of foreign governments (7) (i) that the firearm or ammunition fense may issue. and distinguished foreign visitors who being imported is for the personal use of § 178.115 Exempt importation. have been so designated by the Depart­ the applicant, and (ii) if a firearm, g, ment of State; and statement that it is not a surplus mili­ (a) Firearms and ammunition may be brought into the United States or any (5) Foreign law enforcement officers tary firearm, that it does not fall within of friendly foreign governments enter­ the definition of a firearm under section possession thereof by any person who can establish to the satisfaction of Customs ing the United States on official law en­ 5845(a) of the Internal Revenue Code forcement business. of 1954, and an explanation of why the that such firearm or ammunition was applicant believes the firearm is gen­ previously taken out of the United States § 178.116 __ Conditional importation. erally recognized as particularly suitable or any possession thereof by such person. Registration on Customs Form 4457 or The Director may permit the condi­ for or readily adaptable to sporting pur­ tional importation or bringing into the poses, or (iii) if ammunition, a statement on any other registration document United States or any possession thereof why the applicant believes it is generally available for this purpose may be com­ of any firearm or ammunition for the recognized as particularly suitable for pleted before departure from the United purpose of examining and testing the or readily adaptable to sporting purposes, States at any U.S. customhouse or any firearm or ammunition in connection and (8) the applicant’s date of birth, his office of an Assistant Regional Commis­ with making a determination as to rank or grade, his place of residence, sioner. A bill of sale or other commer­ whether the importation or bringing in his present foreign duty station or his cial document showing transfer of the of such firearm or ammunition will be last foreign duty station, as the case may firearm or ammunition in the United authorized under this part. An applica­ be, the date of his reassignment to a States to such person also may be used tion for such conditional importation duty station within the United States, if to establish proof that the firearm or shall be filed, in duplicate, with the Di­ applicable, and the military branch of ammunition was taken out of the United rector. The Director may impose condi­ which he is a member. If the Director ap­ States by such person. Firearms and am­ tions upon any importation under this proves the application, such approved munition furnished under the provisions section including a requirement that the application shall serve as the permit to of section 925(a) (3) of the Act to mili­ firearm or ammunition be shipped di­ import the firearm or ammunition de­ tary members of the U.S. Armed Forces rectly from Customs custody to the Di­ scribed therein. The Director shall fur­ on active duty outside of the United rector and that the person importing or nish the approved application (permit) States also may be imported into the bringing in the firearm or ammunition to the applicant and shall retain the two United States or any possession thereof must agree to either export the firearm copies thereof for administrative pur­ by such military members upon estab­ or ammunition or destroy same if a poses. If the Director disapproves the ap­ lishing to the satisfaction of Customs determination is made that the firearm plication, the applicant shall be notified that such firearms and ammunition or ammunition may not be imported or of the basis for the disapproval. were so obtained. brought in under this part. A firearm or (b) Upon receipt of an approved ap­ (b) Firearms and ammunition may be ammunition imported or brought into plication (permit) to import the firearm imported or brought into the United the United States or any possession or ammunition, the applicant may ob­ States by or for the United States or thereof under the provisions of this sec­ tain the release of same from Customs any department or agency thereof, or tion shall be released from Customs cus­ custody upon his showing that he has any State or any department, agency, tody upon the payment of customs duties, obtained a permit from the Director or political subdivision thereof. A fire­ if appliçàble, and in the manner pre­ for the importation. In obtaining the arm or ammunition imported or brought scribed in the conditional authorization release of the firearm or ammunition into the United States under this para­ issued by the Director. from Customs custody, the military graph may be released from Customs member of the U.S. Armed Forces im­ custody upon a showing that the fire­ § 178.117 Function outside a customs porting same shall furnish a Form 6A arm or ammunition is being imported or territory. (Firearms) to the Customs. officer re­ brought into the United States by or for In the insular possessions of the United leasing the firearm or ammunition. The such a governmental entity. States outside customs territory, the Customs officer shall, after certification, (c) The provisions of this subpart functions performed by U.S. Customs forward the Form 6A (Firearms) to the shall not apply with respect to the im­ officers under this subpart within a cus­ Assistant Regional Commissioner for the portation into the United States of any toms territory may be performed by tne region wherein the State of residence of antique firearm. appropriate authorities of a territoria the military member of the U.S. Armed (d) Firearms and ¡ammunition are not government or other officers of the Forces is located. The Form 6A (Fire­ imported into the United States, and United States who have been designated arms) shall show the name and address the provisions of this subpart shall not to perform such functions. For the Pur" of such military member, the name of apply, when such firearms and ammuni­ pose of this subpart, the term customs the manufacturer, the country of manu­ tion are brought into the United States territory means the United States, tne facture, and the type, model, and caliber, by: District of Columbia, and the Common­ size or gauge of the firearm or ammuni- (1) A nonresident of the United States wealth of Puerto Rico.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18569

Subpart H— Records § 178.122 Records maintained by im­ the seventh day following the date of the porters. § 178.121 General. transaction, and such information shall (a) Each licensed importer shall, be recorded under the format prescribed (a) The records pertaining to firearms within 15 days of the date of importation by § 178.122 except that the name of the transactions prescribed by this part or other acquisition, record the type, manufacturer and the country of manu­ shall be in permanent form, and shall be model, caliber or gauge, manufacturer, facture need not be recorded if the fire­ retained on the licensed premises in the country of manufacture, and the serial arm or ammunition is of the manufac­ manner prescribed by this subpart. The number of each firearm he imports or turer’s own manufacture. records pertaining to ammunition pre­ otherwise acquires, and the date such (c) Notwithstanding the provisions of scribed by this part shall be retained importation or other acquisition was paragraph (b) of this section, the on the licensed premises in the manner made. Each licensed importer shall, Assistant Regional Commissioner may prescribed by § 178.125. within 15 days of the date of release from authorize alternate records to be main­ (b) Internal revenue officers may enter Customs custody or other acquisition, tained by a licensed manufacturer to the premises of any licensed importer, record the type, caliber, size or gauge record his disposal of firearms and licensed manufacturer, licensed dealer, manufacturer, and country of manufac­ ammunition when it is shown by the or licensed collector for the purpose of ture of the ammunition he imports or licensed manufacturer that such alter­ examining or inspecting any record or otherwise acquires, and the date such nate records will accurately and readily document required by or obtained under importation or other acquisition was disclose the information required by this part (see § 178.23). Section 923(g) made. paragraph (b) of this section. A licensed of the Act requires licensed importers, manuf acturer who proposes to use alter­ licensed manufacturers, licensed dealers, (b) A record of firearms and a sep­ arate record of ammunition disposed of nate records shall submit a letter appli­ and licensed collectors to make such rec­ cation, in duplicate, to the Assistant ords available for such examination or by a licensed importer to another licensee shall be maintained by the licensed im­ Regional Commissioner and shall de­ inspection at all reasonable times. scribe the proposed alternate records (c) Each licensed importer, licensed porter on his licensed premises and shall show the quantity, type, manufacturer, arid the need therefor. Such alternate manufacturer, licensed dealer, and li­ country of manufacture, caliber, size or records shall not be employed by the li­ censed collector shall maintain such rec­ censed manufacturer until approval in ords of importation, production, ship­ gauge, serial number (in the case of fire­ arms only), of the firearms or ammuni­ such regard is received from the Assist­ ment, receipt, sale, or other disposition, ant Regional Commissioner. whether temporary or permanent, of tion so transferred, the name, address, and license number of the licensee to (d) Each licensed manufacturer shall firearms and ammunition as the regula­ whom the firearms or ammunition were maintain separate records of the sales tions contained in this part prescribe. transferred, and the date of the trans­ or other dispositions made of firearms Section 922 (m) of the Act makes it un­ action. The information required by this and ammunition to nonlicensees. Such lawful for any licensed importer, licensed paragraph shall be entered in the proper records shall be maintained in the form manufacturer, licensed dealer, or licensed record book not later than the seventh and manner as prescribed by § 178.125 in collector knowingly to make any false regard to ammunition transactions, and entry in, to fail to make appropriate day following the date of the transaction, and such information shall be recorded by §§ 178.124 and 178.125 in regard to entry in, or to fail to properly maintain firearms transaction records and records any such record. under the following format: of acquisition and disposition of firearms.

Country Caliber, Name, address, Date of § 178.124 Firearms transaction record. Quan­ Type Manu­ of size Model Serial and license No. the trans­ tity .• facturer manu­ or No. of licensee to action (a) A licensed importer, licensed man , facture gauge . whom transferred ufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any per­ son, other than another licensee, and a licensed collector shall not sell or other­ (c) Notwithstanding the provisions of § 178.123 Records maintained by man­ wise dispose of any curio or relic to any paragraph (b) of this section, the Assist­ ufacturers. person, other than another licensee, un­ ant Regional Commissioner may au­ (a) Each licensed manufacturer shall less he records the transaction on a fire­ thorize alternate records to be main­ record the type, model, caliber or gauge, arms transaction record, Form 4473 : tained by a licensed importer to record and serial number of each complete fire­ Provided, That a firearms transaction his disposal of firearms and ammunition arm he manufactures or otherwise ac­ record, Form 4473, shall not be required when it is shown by the licensed importer quires, and the date such manufacture to record the disposition made of a fire- that such alternate records will accu­ or other acquisition was made. Each arm delivered to a licensee for the sole rately and readily disclose the informa­ licensed manufacturer shall record the purpose of repair or customizing when tion required by paragraph (b) of this type, caliber, size or gauge of the ammu­ such firearm is returned to the person ' section. A licensed importer who pro­ nition he manufactures or otherwise from whom received. poses to use alternate records shall sub­ acquires. The information required by (b) A licensed importer, licensed mit a letter application, in duplicate, to this paragraph shall be recorded not manufacturer, licensed dealer, or li­ the Assistant Regional Commissioner and later than the seventh day following the censed collector shall retain in alpha­ shall describe the proposed alternate rec­ date such manufacture or other acqui­ betical (by name of purchaser), chrono­ ords and the need therefor. Such alter­ sition was made. logical (by date of disposition), or nu­ i l e records shall not be employed by (b) A record of firearms and a sepa­ merical (by transaction serial number) the licensed importer until 'approval in rate record of ammunition disposed of order, and as a part of his permanent such regard is received from the Assist­ by a licensed manufacturer to another records, each Form 4473 he obtains in the ant Regional Commissioner. licensee shall be maintained by the li­ course of transferring custody of his (d) Each licensed importer shall censed manufacturer on his licensed firearms. maintain separate records of the sales premises and shall show the quantity, (c) Prior to making an over-the- or other dispositions made of firearms type, caliber, size or gauge, serial number counter transfer of a firearm to a non­ and ammunition to nonlicensees. Such (in the case of firearms only), of the fire­ licensee who is a resident of the State in records shall be maintained in the form arms or ammunition so transferred, the which the licensee maintains his busi­ and manner as prescribed by § 178.125 name, address, and license number of the ness or collection premises, the licensed in regard to ammunition transactions, licensee to whom the firearms or ammu­ importer, licensed manufacturer, li­ and by §§ 178.124 and 178.125 in regard nition were transferred, and the date of censed dealer, or licensed collector so to firearms transaction records and rec­ the transaction. The information re­ transferring the firearm shall obtain a ords of acquisition and disposition of quired by this paragraph shall be entered Form 4473 from the transferee showing firearms. in the proper record book not later than the name, address, date and place of

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1963 18570 RULES AND REGULATIONS

birth, height, weight, and race of the years or more of age; that, in case the (i) A licensee may obtain, upon re­ transferee, and certification by the firearm to be transferred is a shotgun quest, a supply of Form 4473 from any transferee that he is not prohibited by or rifle, he is 18 years or more of age; Assistant Regional Commissioner or any the Act or Title VII of the Omnibus that he is not prohibited by the pro­ District Director. Crime Control and Safe Streets Act of visions of the Act from receiving a fire­ arm in interstate or foreign commerce; § 178.125 Record o f receipt and dispo­ 1968 (82 Stat. 236; 18 U.S.C. Appendix) sition. from receiving a firearm in interstate or and that his receipt of the firearm would foreign commerce. The licensee shall not be in violation of any statute of the (a) Each licensed dealer shall main­ identify the firearm to be transferred by State and published ordinance appli­ tain records of all ammunition he re­ listing in the Form 4473 the name of the cable to the locality in which he resides. ceives for the purposes of sale or dis­ manufacturer, the name of the importer Upon receipt of such Forms 4473, the tribution. Such record may consist of (if any), the type, model, caliber or licensee shall identify the firearm to be invoices or other commercial records gauge, and the serial number of the fire­ transferred by listing in the Forms 4473 which shall be filed in an orderly manner arm. Before transferring the firearm de­ the name of the manufacturer, the name separate from other commercial records scribed in the Form 4473, the licensee (1) of the importer (if any), the type, model, he maintains, and be readily available for shall cause the transferee to identify caliber or gauge, and the serial number inspection. Such record shall; (1) show himself in any manner customarily used of the firearm to be transferred. The the name of the manufacturer and the in commercial transactions (e.g., a licensee shall prior to shipment or deliv­ transferor, and the type, caliber or gauge, driver’s license), and shall note on the ery of the firearm to such transferee, for­ and quantity of the ammunition acquired form the method used, and (2) if satis­ ward by registered or certified mail (re­ in the transaction, and the date of such fied that the transferee is lawfully en­ turn receipt requested) a copy of the acquisition, and (2) be retained on the- titled to receive the firearm, shall sign Form 4473 to the chief law enforcement licensed premises of the dealer for a and date the form. officer named in the Form 4473 by the period of not less than two years follow­ ing the date of the acquisition. (d) Prior to making an over-the-coun­ transferee, and shall delay shipment or delivery of the firearm to the transferee (b ) Each licensed collector shall main­ ter transfer of a shotgun or rifle to a tain records of all ammunition he ac­ nonlicensee who is not a resident of the for a period of at least 7 days following receipt by the licensee of the return re­ quires as curios or relics for his collec­ State in which the licensee maintains his tion. Such record may consist of invoices business or collection premises, and such ceipt evidencing delivery of the copy of the Form 4473 to such chief law en­ or other commercial records which shall nonlicensee is acquiring the shotgun or be filed in an orderly manner separate rifle under the provisions contained in forcement officer, or the return of the copy of the Form 4473 to the licensee from other commercial records he main­ § 178.96(d), the licensed dealer so trans­ tains, and be readily available for inspec­ ferring the shotgun or rifle, and such due to the refusal of such chief law en­ forcement officer to accept same in ac­ tion. Such records shall show the infor­ transferee, shall comply with the require­ mation required by paragraph (a) of ments of paragraph (c) of this section. cordance with U.S. Post Office Depart­ this section and be retained in the same In addition, the sworn statement require­ ment regulations. The original Form manner. ments imposed upon the transferee and 4473, and evidence of receipt or rejection (c) The sale or other disposition of the licensee by § 178.96(d) also shall be of delivery of the copy of the Form 4473 ammunition, or of an ammunition curio fully met. sent to the chief law enforcement officer, or other commercial records which shall (e) Prior to making a transfer of a shall be retained by the licensee as a graph (d) of this section, be recorded firearm to any nonlicensee who is not a part of the records required of him to be in a bound record at the time such trans­ resident of the State in which the li­ kept under this subpart. action is made. The bound record entry censee maintains his business or collec­ (g) A licensee who sells or otherwise shall show; (1) the date of the trans­ tion premises, and such nonlicensee is disposes of a firearm to a nonlicensee, action, (2) the name of the manufac­ acquiring the firearm by loan or rental who is other than an individual, shall ob­ turer, the caliber, gauge or type of com­ from the licensee for temporary use for tain from the transferee the information ponent, and the quantity of the ammu­ lawful sporting purposes, the licensed required by this section from an individ­ nition transferred, (3) the name, address, importer, licensed manufacturer, li­ ual authorized to act on behalf of the and date of birth of the purchaser censed dealer, or licensed collector so transferee. In addition, the licensee shall (transferee), and (4) the method used furnishing the firearm, and such trans­ obtain from the individual acting on be­ by the licensee to establish the identity feree, shall comply with the requirements half of the transferee a written state­ of the purchaser (transferee). The bound of paragraph (c) of this section. ment, executed under the penalties of record shall be maintained in chronolog­ (f) Form 4473 shall be submitted, in perjury, that the firearm is being ac­ ical order by date of sale or disposition duplicate, to a licensed importer, li­ quired for the use of and will be the of the ammunition, and shall be retained censed manufacturer, licensed dealer, property of the transferee, and showing on the licensed premises of the licensee or licensed collector, by a transferee the name and address of that transferee. for a period of not less than two years who; (1) is purchasing or otherwise ac­ (h) The requirements of this section following the date of the sale or disposi­ quiring a firearm by other than an over- shall be in addition to any other record­ tion of the ammunition recorded therein. the-counter transaction, and who is a keeping requirement contained in this The format required for the bound record resident of the State in which the li­ part. is as follows: censee maintains his business or collec­ tion premises, or (2) is purchasing or Caliber, Mode of identification Date Manufacturer gauge, or Quantity Name Address Date of otherwise acquiring a shotgun or rifle, type of birth Driver’s license Other and who is a resident of a State contigu­ component Ü (specify) ous to the State in which the licensee maintains his business or collection premises. The Form 4473 shall show the name, address, date and place of birth, height, weight, and race of the trans­ period not exceeding 7 days following the feree; and the title, name, and address of (d) When a commercial record is made at the time of sale or other disposition of date of such transfer, delay making tne the principal law enforcement officer of required entry intb such bound record^. the locality to which the firearm will be ammunition, or of an ammunition curio or relic, and such record contains all in­ Provided, That the commercial record delivered. The transferee also must date pertaining to the transfer is; (1) ina1^ and execute the sworn stateihent con­ formation required by the bound record prescribed by paragraph (c) of this sec­ tained by the licensed dealer or licensed tained on the form showing that, in case tion, the licensed dealer or licensed col­ collector separate from other commercial the firearm to be transferred is a firearm lector transferring the ammunition, or documents maintained by such licensee, other than a shotgun or rifle, he is 21 ammunition curio or relic, may, for a and (2) is readily available for inspection

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18571

on the licensed premises until such time Firearms A cquisition and D isposition R ecord as the required entry into the bound rec­ ord is made. Description of firearm Receipt Disposition (e) Each licensed dealer and each li­ censed collector shall on and after the From whom Address or license No. effective date of this part enter into a Manufac­ Serial Type Caliber (name and if licensee, or Form turer and/or Model No. of and Date address or name Date Name 4473 Serial No. if permanent record each receipt and dis­ Importer action gauge and license Forms 4473 filed position of firearms or firearms curios number) numerically or relics. In addition, before commencing or continuing firearms business or fire­ arms curio and relic collection, each li­ censed dealer and licensed collector shall inventory the firearms or firearms curios and relics possessed for such business or (f ) When a commercial record is held § 178.126 Furnishing transaction infor­ in such collection and shall record same by a licensed dealer or licensed collector mation. in the record required by this paragraph: showing his acquisition of a firearm or (a) Each licensee shall, when required Provided, That when a licensed dealer firearm curio or relic, and such record by letter issued by the Assistant Regional or licensed collector has records main­ contains all acquisition information re­ Commissioner, and until notified to the tained under the Federal Firearms Act quired by the bound record prescribed contrary in writing by such officer, sub­ which readily disclose his inventory of by paragraph (e) of this section, the li­ mit on Form 4483, Report of Firearms firearms or firearms curios and relics, censed dealer or licensed collector ac­ Transactions, for the periods and at the such inventory need not be recorded in quiring such firearm or curio or relic, times specified in the letter issued by the the record required by this paragraph. may, for a period not exceeding seven Assistant Regional Commissioner, all The record required by this paragraph days following the date of such acquisi­ record information required by this sub­ shall be maintained in bound form un­ tion, delay making the required entry part, or such lesser record information der the format prescribed below. The into such bound record: Provided, That as the Assistant Regional Commissioner purchase or other acquisition of a fire­ the commercial record is, until such time in his letter may specify. arm by a licensed dealer, or of a firearm as the required entry into the bound rec­ ord is made, (1) maintained by the li­ (b) The Assistant Regional Commis­ curio or relic by a licensed collector, shall, sioner may authorize the information to except as provided in paragraph (f) of censed dealer or licensed collector sep­ arate from other commercial documents be submitted in a manner other than that this section, be recorded not later than prescribed in paragraph (a) of this sec­ the close of the next business day follow­ maintained by such licensee, and (2) is readily available for inspection on the tion when it is shown by a licensee that ing the date of such purchase or acquisi­ an alternate method of reporting is rea­ tion. The record shall show the date of licensed premises: Provided, further, That when disposition is made of a fire­ sonably necessary and will not unduly receipt, the name and address or the hinder the effective administration of name and license number of the person arm or firearm curio or relic not entered in the bound record under the provisions this part. A licensee who proposes to use from whom received, the name of the an alternate method of reporting shall manufacturer and importer (if any), the of this paragraph, the licensed dealer or licensed collector making such disposi­ submit a letter application, in duplicate, model, serial number, type of action, and to the Assistant Regional Commissioner the caliber or gauge of the firearm or tion shall enter all required acquisition information regarding the firearm or and shall describe the proposed alternate firearm, curio or relic. The sale or other method of reporting and the need there­ disposition of a firearm or of a firearm firearm curio or relic in the bound record at the time such transfer or disposition for. An alternate method of reporting curio or relic shall be recorded by the shall not be employed by the licensee un­ licensed dealer or the licensed collector is made. not later than seven days following the til approval in such regard is received (g) Notwithstanding the provisions of from the Assistant Regional Commis­ date of such transaction. When such dis­ paragraphs (c) and (e) of this section, sioner. position is made to a nonlicensee, the the Assistant Regional Commissioner firearms transaction record, Form 4473, may authorize alternate records to be § 178.127 Discontinuance o f business. obtained by the licensed dealer or the maintained by a licensed dealer or a li- . Where a firearms or ammunition busi­ licensed collector shall be retained, until censed collector to record his acquisi­ ness is discontinued and succeeded by a the transaction is recorded, separate tion and disposal of firearms and ammu­ new licensee, the records prescribed by from his Form 4473 file and be readily nition, or curios and relics, when it is this subpart shall appropriately reflect available for inspection. When such dis­ shown by the licensed dealer or the li­ such facts and shall be delivered to the position is made to a licensee, the com­ censed collector that such alternate rec­ successor. Where discontinuance of the mercial record of the transaction shall ords will accurately and readily disclose business is absolute, the records pre­ be retained, until the transaction is re­ the required information: A licensed scribed by this subpart shall be delivered corded, separate from other commercial dealer or licensed collector who proposes within 30 days following the business documents maintained by the licensed to use alternate records shall submit a discontinuance to the Assistant Regional dealer or licensed collector, and be readily letter application, in duplicate, to the Commissioner for the internal revenue available for inspection. The record shall Assistant Regional Commissioner and region in which the business was op­ show the date of the sale or other dis­ shall describe the proposed alternate erated: Provided, however, Where State position of each firearm or firearm curio records and the need therefor. Such al­ law or local ordinance requires the de­ or relic, the name of the person to whom ternate records shall not be employed by livery of records to other responsible the firearm curio or relic is transferred, the licensed dealer or the licensed col­ authority, the Assistant Regional Com­ and the address or license number of the lector until approval in such regard is missioner may arrange for the delivery Person to whom transferred if such per­ received from the Assistant Regional son is a licensee, or the firearms trans- of the records required by this subpart to Commissioner. such authority. ff+L°n .record> Form 4473, serial number (h) Each licensed importer and li­ i the licensed dealer or the licensed col­ Subpart I— Exemptions lector transferring the firearm or curio censed manufacturer selling or other­ 0r relic serially numbers his Forms 4473 wise disposing of firearms or ammuni­ §178.141 General. and files them numerically. The format tion to nonlicensees shall maintain such The provisions of this part shall not equired for the record of receipt and records of such transactions as are re­ apply with respect to: tsposition of firearms or firearms curios quired of licensed dealers and licensed (a) The transportation, shipment, re­ and relics is as follows: collectors by this section. ceipt, or importation of any firearm or

FEDERAI, REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14. 1968 18572 RULES AND REGULATIONS ammunition imported for, sold or shipped § 178.144 Relief from disabilities in­ of his license in order to continue licensed to, or issued for the use of, the United curred by conviction. operations. Such license application shall States or any department or agency (a) Any person may make application show that the applicant has been con­ thereof or any State or any department, for relief from the disabilities under Fed­ victed of a crime punishable by im­ agency, or political subdivision thereof. eral law incurred by reason of a convic­ prisonment for a term exceeding 1 year. (b) The shipment or receipt of fire­ tion of a crime punishable by imprison­ (3) A licensee shall not continue li­ arms or ammunition when sold or issued ment for a term exceeding 1 year if such censed operations beyond 30 days follow­ by the Secretary of the Army pursuant conviction was not of a crime involving ing the date the Commissioner issues to section 4308 of title 10, U.S.C., and the the use Qf a firearm or other weapon or notification that the licensee’s applica­ transportation of any such firearm or a violation of the Act or the National tion for removal of disabilities resulting ammunition carried out to enable a per­ Firearms Act. from a conviction has been denied. son, who lawfully received such firearm (b) An application for such relief shall (4) When as provided in this section or ammunition from the Secretary of be addressed to the Commissioner and a licensee may no longer continue the Army, to engage in military training shall include such supporting data as the licensed operations, any application for or in competitions. applicant deems appropriate. In the case renewal of license filed by the licensee (c) The shipment, unless otherwise of a corporation, the supporting data during the term of his indictment or prohibited by the Act or any other Fed­ should include information as to the ab­ the pendency of his application for eral law, by a licensed importer, licensed sence of culpability in the offense of removal of disabilities resulting from manufacturer, or licensed dealer to a which the corporation was convicted, or such conviction, shall be denied by the member of the U.S. Armed Forces on ac­ of any person having the power to direct Assistant Regional Commissioner. tive duty outside the United States or or control the management of the cor­ § 1 7 8 .1 4 5 Research organizations. to clubs, recognized by the Department of poration, if such be the fact. The appli­ Defense, whose entire membership is cation shall be filed, in triplicate, with The provisions of this part with composed of such members of the U.S. the Assistant Regional Commissioner for respect to the. sale or delivery of de­ Armed Forces, and such members or the internal revenue region wherein the structive devices, machine guns, short- clubs may receive a firearm or ammuni­ applicant resides. barreled shotguns, and short-barreled tion determined by the Director to be (c) The Commissioner may grant re­ rifles shall not apply to the sale or de­ generally recognized as particularly suit­ lief to an applicant'if it is established to livery of such devices and weapons to able for sporting purposes and intended the satisfaction of the Commissioner that any research organization designated by- for the personal use of such member or the circumstances regarding the convic­ the Director to receive same. A research club. Before making a shipment of fire­ tion, and the applicant’s record and rep­ organization desiring such designation arms or ammunition under the provisions utation are such that the applicant will shall submit a letter application, in of this paragraph, a licensed importer, not be likely to act in a manner danger­ duplicate, to the Director. Such applica­ licensed manufacturer, or licensed dealer ous to public safety, and that the grant­ tion shall contain the name and address may submit a written request, in dupli­ ing of the relief would not be contrary of the research organization, the names cate, to the Director for a determination to the public interest. and addresses of the persons directing by the Director whether such shipment (d) Whenever the Commissioner or controlling, directly or- indirectly, the would constitute a violation of the-Act or grants relief to any person pursuant to policies and management of such orga­ any other Federal law, or whether the this section, he shall promptly publish in nization, the nature and purpose of the research being conducted, a description firearm or ammunition is considered by the F ederal R egister notice of such ac­ the Director to be generally recognized tion, together with the reasons therefor. of the devices and weapons to be as particularly suitable for sporting pur­ (e) A person who has been granted received, and the identity of the person poses. relief under this section shall be relieved or persons from whom such devices and (d) The transportation, shipment, re­ of any disabilities imposed by Federal weapons are to be received. ceipt, or importation of any antique laws with respect to the acquisition, re­ § 178.146 Deliveries by mail to certain firearm. ceipt, transfer, shipment, or possession persons. § 178.142 Effect of Presidential pardon. of firêarms and incurred by reason of The provisions of this part shall not A pardon granted by the President of such conviction. be construed as prohibiting a licensed the United States regarding a conviction (f) (1) A licensee who is convicted of importer, licensed manufacturer, or for a crime punishable by imprisonment a crime punishable by imprisonment for licensed dealer from depositing a fire­ a term exceeding 1 year during the term for a term exceeding 1 year shall remove arm for conveyance in the mails to any of a current license or while he has pend­ officer, employee, agent, or watchman any disability which otherwise would be ing a license renewal application, and imposed by the provisions of this part in who, pursuant to the provisions of sec­ respect to that conviction. who qualifies under this section to file an tion 1715 of title 18, U.S.C., is eligible to application for removal of disabilities re­ receive through the mails pistols, § 178.143 Relief from disabilities in­ sulting from such conviction, shall not be revolvers, and other firearms capable of curred by indictment. barred from licensed operations for 30 being concealed on the person, for use A licensed importer, licensed manufac­ days after the date upon which his con­ in connection with his official duties. viction becomes final, and if he files his turer, licensed dealer, or licensed collec­ §178.147 Repair of firearm. tor who is indicted for a crime punish­ application for relief as provided by this able by imprisonment for a term exceed­ section within such 30-day period, he A person not otherwise prohibited by ing 1 year may, notwithstanding any may further continue licensed opera­ Federal, State or local law may ship a other provision of the Act, continue oper­ tions during the pendency of his appli­ firearm to a licensed importer, licensed ations pursuant to his existing license cation. A licensee who is not qualified manufacturer, or licensed dealer for the during the term of such indictment and under this section to file an application sole purpose of repair or customizing, until any conviction pursuant to the in­ for Relief or, if so qualified, does not file and notwithstanding any other provision dictment becomes final: Provided, That such application within 30 days from the of this part, the licensed importer, li­ if the term of the license expires during date his conviction becomes final shall censed manufacturer, or licensed dealer the period between the date of the indict­ not continue licensed operations beyond may return in interstate or foreign com­ ment and the date thë conviction there­ 30 days from the date his conviction be­ merce to that person the repaired fire­ under becomes final, such importer, comes final. arm or a replacement firearm of the manufacturer, dealer, or collector must (2) In the event the term of a license same kind and type. of a person qualified to- seek relief under file a timely application for the renewal § 178.148 Ammunition loading for per­ of his license in order to continue opera­ this section expires during the 30-day tions. Such application shall show that period following the date upon which his sonal use. the applicant is under indictment for a conviction becomes final or during the The licensing provisions of this part crime punishable by imprisonment for a pendency of his application for relief, he shall not apply to any person who en­ term exceeding 1 year. must file a timely application for renewal gages only in hand loading, reloading,

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18573 or custom loading ammunition for his any prisoner who by reason of duties con­ own firearm, and who does not hand nected with law enforcement has ex­ Title 9— ANIMALS AND load, reload, or custom load ammunition pressly been entrusted with a firearm for others. by competent authority of the prison, or ANIMAL PRODUCTS Subpart J— Penalties, Seizures, and to any person who has been pardoned by the President of the United States or Forfeitures Chapter I— Agricultural Research the chief executive of a State and has Service, Department of Agricul­ § 178.161 False statement or represen­ expressly been authorized by the Presi­ ture tation. dent or such chief executive as the case Any person who knowingly makes any may be, to receive, possess, or transport SUBCHAPTER C— INTERSTATE TRANSPORTATION in commerce a firearm. OF ANIMALS AND POULTRY false statement or representation with respect to any information required by § 178.165 Receipt, etc., of firearms by PART 97— OVERTIME SERVICES RE­ the provisions of the Act or this part to certain employees. LATING TO IMPORTS AND EXPORTS be kept in the records of a person en­ Any individual who to his knowledge gaged in firearms or ammunition busi­ and while being employed by any person Administrative Instructions Prescribing ness, or in applying for any license, ex­ who (a) has been convicted of a felony, Commuted Traveltime Allowances emption, or relief from disability, under (b) has been discharged from the Armed Pursuant to the authority conferred the provisions of the Act, shall be fined Forces under dishonorable conditions, upon the Director of the Animal Health not more than $5,000 or imprisonment (c) has been adjudged by a court of the Division by § 97.1 of the regulations con­ not more than 5 years, or both. United States or of a State or any politi­ cerning overtime services relating to im­ § 178.162 Transportation or receipt to cal subdivision thereof of being mentally ports and exports, effective July 31, 1966, commit a crime. incompetent^ (d) having been a citizen (9 CFR 97.1), administrative instruc­ of the United States has renounced his tions (9 CFR 97.2) effective July 30,1963, Any person who ships, transports, or citizenship, or (e) being an alien is ille­ receives a firearm or any ammunition in as amended May 18, 1964 (29 F.R. 6318), gally or unlawfully in the United States, December 7, 1964 (29 F.R. 16316), April interstate or foreign commerce with in­ and who, in the course of such employ­ tent to commit therewith an offense 12, 1965 (30 F.R. 4609), June 18, 1965 ment, receives, possesses, or transports in (30 F.R. 7893), June 7, 1966 (31 F.R. punishable by imprisonment for a term commerce or affecting commerce, any exceeding 1 year, or with knowledge and 8020), October 11, 1966 (31 F.R. 13114), firearm shall be fined not more- than November 1, 1966 (31 F.R. 13939), No­ reasonable cause to believe that an of­ $10,000 or imprisoned for not more than fense punishable by imprisonment for vember 23, 1966 (31 F.R. 14826), Febru­ 2 years, or both: Provided, however, That ary 14, 1967 (32 F.R. 20843), April 15, a term exceeding 1 year is to be com­ the provisions of this section shall not mitted therewith, shall be fined not more 1967 (32 F.R. 6021), August 26, 1967 (32 apply to an employee employed by a per­ F.R. 12441), September 29, 1967 (32 F.R. than $10,000, or imprisoned not more son who has been pardoned by the Presi­ than 10 years, or both. 13650), February 9, 1968 (33 F.R. 2756), dent of the United States or the chief March 7, 1968 (33 F.R. 4248), July 13, §178.163 Commission of a Federal executive of a State and has expressly 1968 (33 F.R. 10085), July 31, 1968 (33 crime. been authorized by the President or such F.R. 10839), August 15, 1968 (33 F.R. chief executive, as the case may be, to 11587), September 25, 1968 (33 F.R. Any person who uses a firearm to com­ receive, possess, or transport in com­ mit any felony which may be prosecuted merce a firearm. 14399), and November 8, 1968 (33 F.R. in a court of the United States, or car- , 16382), prescribing the commuted travel­ ries a firearm unlawfully during the com­ § 178.166 Seizure and forfeiture. time that shall be included in each period mission of any felony which may be Any firearm or ammunition involved of overtime or holiday duty, are hereby prosecuted in a court of the United in, or used or intended to be used in, any' amended by adding to or deleting from States, shall be sentenced to a term of violation of the provisions of the Act or the respective “lists” therein as follows: imprisonment for not less than 1 year' of this part, or in violation of any other O u tsid e M etropolitan A rea nor more than 10 years. In the case of criminal law of the United States, shall fo u r HOURS a person’s second or subsequent convic­ be subject to seizure and forfeiture, and tion under this section, such person shall all provisions of the Internal Revenue Delete: Anacortes, Wash, (served from be sentenced to a term of imprisonnient Code of 1954 relating to the seizure, for­ Blaine or Seattle, Wash.) for not less than 5 years nor more than feiture, and disposition of firearms, as THREE HOURS 25 years, and notwithstanding any other defined in section 5845(a) of that Code, Add: Anacortes, Wash, (served from Blaine, Provision of law, the court shall not sus­ shall, so far as applicable, extend to sei­ Wash.) pend the sentence of such person or give zures and forfeitures under the provisions FOUR HOURS him a probationary sentence. of the Act. Add: Anacortes, Wash, (served from Se­ § 178.164^ Receipt, etc., o f firearms by Subpart K— Exportation attle, Wash.) certain persons. § 178.171 Exportation. These commuted traveltime periods Any person who (a) has been con­ have been established as nearly as may be victed of a felony, (b) has been dis­ Firearms and ammunition shall be ex­ practicable to cover the time necessarily charged from the Armed Forces under ported in accordance with the applicable spent in reporting to and returning from dishonorable conditions, (c) has been ad­ provisions of section 414 of the Mutual the place at which the • employee per­ judged by a court of the United States Security Act of 1954 (22 U.S.C. 1934) and forms such overtime or holiday duty 0r of a State or any political subdivision regulations thereunder. However, li­ when such travel is performed solely on censed manufacturers, licensed import­ account of such overtime or holiday duty. thereof of being mentally incompetent, ers, and licensed dealers exporting fire­ tfi) having been a citizen of the United Such establishment depends upon facts arms and ammunition shall maintain within the knowledge of the Animal States has renounced his citizenship, or records showing the manufacture or ac­ Health Division. (e) being an alien is illegally or unlaw­ quisition of the firearms and ammunition It is to the benèfit of the public that fully in the United States, who receives, as required by this part and records these instructions be made effective at Possesses, or transports in commerce or showing the name and address of the the earliest practicable date. Accordingly affecting commerce, any firearm shall be pursuant to 5 U.S.C. 553, it is found upon foreign consignee of the firearms and good cause that notice , and public pro­ tuted not more than $10,000 or impris- ammunition and the date the firearms Pued for not more than 2 years, or cedure on these instructions are im­ and ammunition were exported. practicable, unnecessary, and contrary to oth: Provided, however, That the provi­ [F.R. Doc. 68-14996; Filed, Dec. 13, 1968; the public interest, and good cause is sions of this section shall not apply to 8:49 a.m.] found for making these instructions ef-

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18574 RULES AND REGULATIONS fective less than 30 days after publication § 1240,200—3 Authority. ployees of NASA and contractors for scientific and technical contributions re­ in the Federal R egister. Section 306 of the National Aeronau­ ported to NASA which are determined (64 Stat. 561; 7 TJ.S.C. 2260) tics and Space Act (42 U.S.C, 2458) aur thorizes the Administrator of the Na­ to have significant value in the conduct This amendment shall become effec­ tional Aeronautics and Space Adminis­ of aeronautical and space activities. tive upon publication in the Federal tration to make monetary awards to any § 1240.201—2 Procedures. R egister. individual, partnership, corporation, as­ (a) A NASA Headquarters Office, sociation, institution, or other entity NASA Field Installation or a NASA con­ Done at Hyattsville, Md., this 10th day for any scientific or technical contribu­ of December 1068. tractor may submit to the Inventions tion to the Administration which is de­ and Contributions Board an application G. H. W ise, termined by the Administrator to have Acting Director, Animal Health for an award to the originator or origi­ significant value in the conduct of aero­ nators of any scientific or technical con­ Division, Agricultural Re­ nautical and space activities. search Service. tribution developed during the perform­ ance of a NASA program or contract [F.R. Doc. 68-14930; Filed, Dec. 13, 1968; § 1240.200—4 Definition. 8:46 a.m.] As used in this Subpart 2, a con­ which is considered to be of major im­ tribution having “significant value in the portance in advancing the state of conduct of aeronautical and space activi­ knowledge in space or aeronautical ac­ ties" must be an item that contributes tivities although not the subject of a Title 14— AERONAUTICS AND to the advancement of aeronautical or NASÀ Tech Brief or on which a United space science or operation and has de­ States patent application is filed. monstrable value and utility. (b) When the Inventions and Con­ SPACE tributions Board (hereafter called Chapter V— National Aeronautics and § 1 2 4 0 .2 0 0 -5 Policy. “Board” ) is notified of the issuance of Space Administration Suitable monetary awards shall be a Tech Brief by the Office of Technology made to employees of NASA and NASA Utilization, NASA Headquarters, or the PART 1240— INVENTIONS AND contractors for scientific and technical filing of a patent application, on a con­ CONTRIBUTIONS contributions, whether or not patentable, tribution submitted by an employee of when determined to have significant NASA or a NASA contractor, it will take Subpart 2— Awards for " Reported value in the conduct of aeronautical and action to make the applicable minimum Technical and Scientific Contribu­ space activities. awards as set forth in paragraphs (a), tions— NASA and Contractor Em­ (b), and (d) of § 1240.200-6. § 1240.200—6 General provisions. ployees (c) The Board will also consider for (a) Each contribution which is a ma­ an additional award a contribution sub­ Subpart 2 is revised in its entirety as jor scientific or technical development mitted by an employee of NASA in such follows; that will advance the state of knowledge amount as determined merited and to an Sec. in space or aeronautical activities, al­ employee of a NASA contractor, under 1240.200 Policy on awards for reported though not the subject of a published the provisions of section 306 of the Space technical and scientific con­ NASA Tech Brief or a U.S. patent appli­ Act, if it considers that the contribution tributions. cation, shall be worthy of an award. The is of a value of $250 or more. 1240.200-1 Scope. amount of such award shall be subject (d> Where two or more persons are 1240.200-2 Applicability. responsible for the contribution, the 1240.200-3 Authority. to a separate determination in each 1240.200-4 Definition. instance. Board will determine the amount to be 1240.200-5 Policy. (b) Each contribution on which a paid to each contributor. In the case of 1240.200-6 General provisions. NASA Tech Brief is published shall be minimum awards reported under para­ 1240.201 Procedures for making awards considered to be worthy of an award in graph (b) of this § 1240.201-2, each con­ for reported technical and at least the amount of $25, and an award tributor will receive the minimum scientific contributions. in at least that amount shall normally amount. 1240.201-1 Scope. be given to each individual originating (e) When contributions (as first re­ 1240.201-2 Procedures. the contribution. ported and evaluated) are not consid­ 1240.201-3 Presentation of awards. (c) Each contribution on which a U.S. ered'to merit an award, as provided for patent application is filed shall be con­ in paragraph (a) of this section, or for A u t h o r it y : The provisions of this Subpart 2 issued under the authority of 42 U.S.C. sidered to be worthy of an award in at an additional award as provided for in 2457(f), 2458 and 2473(b) (i). least the amount of $50, and an award paragraph (b) of this section but later in at least that amount shall normally be are shown to have proven value, they § 1240.200 Policy on awards for reported made to each individual originating the may be submitted for réévaluation. technical and scientific contributions. contribution. NASA offices and contractors will be en­ § 1240.200—1 Scope. (d) Where a Tech Brief is issued and couraged to review periodically such re­ This § 1240.200 establishes the revised a patent application is filed on the same ported contributions and resubmit them contribution, the minimum award under for reconsideration through the same policy for making awards to employees paragraphs (b) and (c) of this section channels as originally reported. of NASA and NASA contractors for tech­ shall be cumulative. The awards specified nical and scientific contributions report­ in paragraphs (a), (b), and (c) of this § 1240.201-3 Presentation o f awards. ed to NASA which are determined to section shall not be granted to a con­ (a) All monetary awards and accom­ have significant value in the conduct of tributor who previously had receive^ full panying written acknowledgments to aeronautical and space activities. compensation for or on account of the employees of NASA will be presented to use of such contribution by the United the employee in an appropriate cere­ § 1240.200—2 Applicability. States. mony by the appropriate Official-in- Subpart 1240.2 applies to any scientific (e) An appropriate written acknowl­ Charge of the Headquarters Office or or technical contribution which is a edgment shall accompany each award made. Director of the Field Installation (or major scientific or technical development that (a) advances the state of knowledge §1 2 4 0 .2 0 1 Procedures fo r m a k in g their designee). (b) All monetary awards and accom­ in space or aeronautical activities, or (b) - awards for reported technical and scientific contributions. panying written acknowledgments given is the subject of a NASA Tech Brief or a to employees of NASA contractors will be U.S. patent application; and relates to § 1240.201—1 Scope. forwarded to the contractors for the actions to be taken with respect to This § 1240.201 establishes the revised presentation. each. procedures for making awards to em­

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18575

Effective date: The provisions of- 1. Upon completion of respondents’ 8. Respondents receive numerous bona §§ 1240.200 and 1240.201 are effective courses enrollees will be qualified for fide employment requests for heavy- upon publication in the F ederal R egister. employment as operators of bulldozers, equipment operators from employers T. O. Paine, graders, draglines, cranes, or other heavy seeking persons who have completed Acting Administrator. equipment; or misrepresenting, in any respondents’ courses; or misrepresenting, manner, the qualifications, training, or in any manner, the number or kind of Ernest W. B rackett, skill of persons completing respondents’ Chairman, NASA Inventions and requests received by respondents for per­ courses of instruction. sons who have completed their courses Contributions Board. 2. Enrollees will spend substantially of training or instruction. [F.R. Doc. 68-14959; Filed, Dec. 13, 1968; all of the time in the resident programs 9. Persons completing respondents’ 8:48 a.m.] in the actual operation of heavy equip­ courses can expect significant assistance ment; or misrepresenting, in any man­ from respondents in obtaining immediate ner, the kind or amount of resident or or regular employment as heavy-equip­ other training afforded to purchasers of ment operators; or misrepresenting, in Title 16— COMMERCIAL respondents’ courses of instruction. any manner, the kind, amount, or effec­ 3. Respondents’ training program is tiveness of the assistance furnished to PRACTICES recognized or approved throughout the persons completing respondents’ courses Chapter I—-Federal Trade Commission construction industry; or misrepresent­ in seeking employment. ing, in any manner, the recognition, ap­ 10. Salesmen of respondents’ courses [Docket C -l453] proval or accreditation of respondents’ are “field registrars” ; or misrepresenting, PART 13— PROHIBITED TRADE school or courses or business. in any manner, the title or status or posi­ 4. By virtue of completing respondents’ PRACTICES tion of respondents’ salesmen or other courses, enrollees will qualify for admis­ representatives. Associated Schools, Inc., et al. sion to membership in the various labor B. Failing to deliver a copy of this unions having jurisdiction over operators order to cease and desist to all present Subpart—Advertising falsely or mis­ of heavy equipment; or that the training leading: § 13.60 Earnings and profits; and future salesmen or other persons en­ of respondents’ courses will entitle and gaged in the sale of respondents’ courses § 13.110 Indorsements, approval and enable enrollees to be admitted to mem­ testimonials; § 13.115 Jobs and employ­ of training and instruction, and failing bership in labor unions as heavy equip­ to secure from each such salesman or ment service. Subpart—Misrepresenting ment journeymen operators without the oneself and goods—Goods: § 13.1615 other person a signed statement necessity of undergoing a union profi­ acknowledging receipt of said order. Earnings and profits; § 13.1665 Indorse­ ciency examination or a period of ap­ ments; § 13.1670 Jobs and employment. C. Furnishing to others, the means, in­ prenticeship; or misrepresenting, in any strumentalities, services or facilities to (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets manner, the opportunities of persons mislead or deceive prospective purchase- or applies sec. 5, 38 Stat. 719, as amended; completing respondents’ courses of in­ ers of respondents’ courses of instruc­ 15 U.S.C. 45) [Cease and desist order, Asso­ struction to become members of labor tion. ciated Schools, Inc., Miami, Fla., Docket C-1453, Nov. 15, 1968] unions by virtue of having completed It is further ordered, That the re­ said courses. spondent corporation shall forthwith dis­ In the Matter of Associated Schools, Inc., 5. Persons completing respondents’ tribute a copy of this order to each of a Corporation, and Joseph J. Miles courses can expect to obtain employment its operating divisions. and Charles L. Craig, and Elaine P. by virtue of completing said courses as It is further ordered, That the re­ (Mrs. Joseph J.) Miles, Individually heavy-equipment operators at earnings spondents herein shall, within sixty (60) and as Officers of Said Corporation of $165 a week or $10,000 per annum; or days after service upon them of this or­ Consent order requiring a school for that persons completing any of respond­ der, file with the Commission a report, training operators of bulldozers, cranes, ents’ courses of training or instruction in writing, setting forth in detail the and other heavy equipment located in can expect to receive or will receive any manner and form in which they have Dade County, Fla., to cease misrepre­ amount of income or earnings; provided, complied with this order. however, that it shall be a defense in any senting that its courses are recognized Issued: November 15,1968. industrywide, and graduates will qualify enforcement proceedings instituted hereunder for respondents to establish By the Commission. as operators of heavy equipment, obtain that persons completing respondents’ immediate employment at exaggerated courses of training or instruction in a [seal] Joseph W. Shea, earnings, and membership in labor Secretary. unions without a period of apprentice­ certain occupation generally receive the ship. ■ ... represented amount by virtue of such [F.R. Doc. 68-14918; Filed, Dec. 13, 1968; training. 8:45 a.m.] The order to cease and desist, including 6. By virtue of completing respond­ further order requiring report of compli­ ents’ courses, enrollees enter a labor [Docket C—1452] ance therewith, is as follows: market in which their services are in It is ordered, That respondents Asso­ great demand; or misrepresenting, in p a r t 13— PROHIBITED TRADE ciated Schools, Inc., formerly known as any manner, the demand for heavy- PRACTICES Associated Heavy Equipment Schools, equipment operators; or misrepresenting, hie., a corporation, and its officers, and in any manner, the demand for employ­ Child’s World, Inc., et al. Joseph J. Miles, Charles L. Craig and ment of persons who complete respond­ Subpart—Misrepresenting oneself and Elaine P. (Mrs. Joseph J.) Miles, indi­ ents’ courses. goods—Business status, advantages or vidually and as officers of said corpora­ 7. Persons completing respondents’ connections: § 13.1390 Concealed sub­ tion, and respondents’ agents, repre­ courses can expect immediate or regular sidiary, fictitious collection agency, etc.; sentatives and employees, directly or employment opportunities , throughout § 13.1450 Individual or private business through any corporate or other device, the United States and foreign countries as educational, religious or research in­ in connection with the advertising, offer­ as a result of respondents’ extensive na­ stitution; Misrepresenting oneself and ing for sale, sale or distribution of courses tionwide contacts with employers seeking goods—Goods: § 13.1625 Free goods or oi study or instruction in heavy equip­ heavy-equipment operators; or misrep­ services; § 13.1747 Special or limited ment operation or any other subject, resenting, in any manner, the opportu­ offers; § 13.1757 Surveys; Misrepresent­ trade or vocation, in commerce, as “com­ nities for employment in the United ing oneself and goods—Prices: § 13.1825 merce” is defined in the Federal Trade States and foreign countries of persons Usual as reduced or to be increased. Commission Act, do forthwith cease and who complete respondents’ courses; or (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Inter­ desist from: misrepresenting, in any manner, re­ prets or applies sec. 5, 38 Stat. 719, as A. Representing, directly or by impli­ spondent’ contacts, connections, or amended; 15 U.S.C. 45) [Cease and desist cation, that: order, The Child’s World, Inc., Chicago, 111., affiliations with employers. Docket C—1452, Nov. 14, 1968]

No. 243------4 FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18576 RULES AND REGULATIONS

In the Matter of The Child’s World, Inc., applies to new material or a new com­ days after service upon them of this or­ a Corporation, and Warren H. Ward, bination of material and is less than the der, file with the Commission a report, Jr., and J. Robert Coffield, Individ­ priqe to which the respondents in good in writing, setting forth in detail the ually and as Officers or Directors of faith expect to increase the price at a manner and form in which they have Said Corporation, and Publishers later date; complied with this order. Collection Service, Inc., a Corpora­ (e) Any offer is limited in point of Issued: November 14, 1968. tion time or in any manner; provided, how­ ever, that it shall be a defense in any By the Commission. Consent order requiring a Chicago, enforcement proceeding instituted here­ 111., door-to-door seller of children’s [ seal] Joseph W. Shea, under for the respondents to establish Secretary. books and encyclopedias and its collec­ that any represented limitation or re­ tion affiliate to cease misrepresenting striction was actually imposed and £n [F.R. Doc. 68-14919; Filed, Dec. 13, 1968; that it is conducting surveys relating to good faith adhered to; 8:45 a.m.] children, that its reading programs are (f ) An extra book, or any other prod­ created by university training centers,. uct or service, is offered “Free” with the and that its prices are reduced for a purchase of respondents’ books or serv­ limited time, and to cease using collec­ ices provided the customer purchase said Title 17— COMMODITY AND tion letters which simulate court books or services at the first visit of the documents. sales personnel or for any other reason; SECURITIES EXCHANGES The order to cease and desist, includ­ provided, however, that it shall be a de­ Chapter II— Securities and Exchange ing further order requiring report of fense in any enforcement proceeding compliance therewith, is as follows: instituted hereunder for respondents to Commission It is ordered, That respondents The establish that “free” merchandise is of­ [Release No. IC-5554] Child’s World, Inc., a corporation, and fered only in connection with the said its officers, and Warren H. Ward, Jr., and provision or reason and in good faith is PART 231— INTERPRETATIVE RE­ J. Robert Coffield, individually and as adhered to. LEASES RELATING TO SECURITIES officers or directors of said corporation, (g) Sales personnel are instructed not ACT OF 1933 AND GENERAL and respondents’ agents, representatives to make return calls. RULES AND REGULATIONS THERE­ and employees, directly or through any 2. Misrepresenting, in any manner, the UNDER corporate or other device, in connection purpose, number, conditions or manner with the advertising, offering for sale, of salesmen’s calls or return calls on PART 271— INTERPRETATIVE RE­ sale or distribution of encyclopedias, purchasers or prospective purchasers. LEASES RELATING TO THE IN­ children’s books or any other books in 3. Failing to deliver a copy of this commerce, as “commerce” is defined in VESTMENT COMPANY ACT OF order to cease and desist to all present 1940 AND GENERAL RULES AND the Federal Trade Commission Act, do and future supervisors or other persons forthwith cease and desist from : engaged in the supervision or training of REGULATIONS THEREUNDER 1. Representing, directly or by impli­respondents’ salesmen, failing to secure cation, that: Filing of Supplements to Investment from each such supervisor or other per­ Company Prospectuses (a) Respondents’ agents, representa­ son a signed statement acknowledging tives or employees are visiting the homes receipt of said order, failing to fully The Securities and Exchange Commis­ of families for the purpose of conducting inform by a letter all present and future sion "today made public the following tests or surveys or for any other pur­ salesmen or other persons engaged in statement of the Director of its Division pose, other than the sale of books; the sale of respondents’ products or serv­ of Corporate Regulation concerning the (b) Respondents’ sales agents, repre­ ices of the terms and conditions of said filing of such supplements to investment sentatives or employees are “educational order and failing to secure from each company prospectuses under the Securi­ consultants” or “educational representa­ such sales person a signed statement ties Act of 1933 as may be appropriate in tives” or representing, in any manner, acknowledging receipt of said letter. that said personnel are anything other view of changes in stock exchange rules than sales personnel; It is further ordered, That respond­ relating to “customer-directed give-ups” ents, The Child’s World, Inc., a corpora­ (c) Respondents’ books, supplements, tion, and its officers, and Warren H. which become effective December 5, publications or supplementary services Ward, Jr., and J. Robert Coffield, indi­ 1968. are an Educational Program created in vidually and as officers or directors of Each, registered investment company or with the cooperation of “university said corporation, and Publishers Collec­ should review the disclosures in its pro­ training centers” ; or misrepresenting, in tion Service, Inc., a corporation, and its spectus relating to the placing of orders for any manner, the persons, organizations officers, and respondents’ agents, repre­ the purchase and sale of portfolio securities, or educational institutions which assisted sentatives and employees, directly or and the allocation of brokerage commissions or participated in the formulation of in such transactions, to determine to what through any corporate or other device extent revision of such disclosures may be the program, books or publications of­ in connection with the collection of, or fered by respondents to prospective pur­ required as a result of changes in stock ex­ attempts to collect, accounts, in com­ change rules, relating to “customer-directed chasers; merce, as “commerce” is defined in the give-ups,” which become effective Decem­ (d) Any price at whicji respondents’ Federal Trade Commission Act, do forth­ ber 5, 1968. books, supplements, publications or sup­ with cease and desist from: Any appropriate revision of such disclo­ plementary services or other products are Using any unofficial or unauthorized sures should be made by a supplement to offered for sale is a special, reduced or document which simulates or is repre­ the prospectus filed pursuant to Rule 424(c) introductory price; provided, however, under the Securities Act of 1933 and not as that it shall be a defense in any enforce­ sented to be a document authorized, is­ a post-effective amendment to the registra­ ment proceeding instituted hereunder sued or approved by a court of law or tion statement. for respondents to establish that said any other official or legally constituted In this connection, each company will, of or authorized authority; or misrepre­ course, recognize its obligation to obtain bes special or reduced price constitutes a senting, in any manner, the source, au­ execution and price in all portfolio trans substantial reduction from the price at thorization or approval of any document. actions. which the aforesaid books, supplements, publications or supplementary services It is further ordered, That the re­ By the Commission, December 3, 1968. spondent corporations shall forthwith or other products were sold or offered [seal] O rval L. DuBois, for sale in good faith for a reasonably distribute a copy of this order to each Secretary. substantial period of time by respond­ of their operating divisions. ents in the recent regular course of their It is further ordered, That the re­ [F.R. Doc. 68-14926; Filed, Dec. 13, 1968; business or that said introductory price spondents herein shall within sixty (60) 8:45 a,m.l

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER T4, 1968 RULES AND REGULATIONS 18577

hicle which meets the requirements set 706(b), (c)(2), (d), 74 Stat. 399-403, as Title 19— CUSTOMS DUTIES forth in the regulations of the Depart­ amended; 21 U.S.C. 376(b), (c) (2), (d )) Chapter I— Bureau of Customs, ment of Transportation, 23 CFR 217.13. and under authority delegated to him ( 2) * * * Department of the Treasury (21 CFR 2.120), the Commissioner of (vii) The importer or consignee is im­ Food and Drugs, based on a petition [T.D. 68-305] porting such vehicle or equipment item (CAP 60) filed by the Meer Corp., c/o solely for the purposes of show, test, ex­ PART 12— SPECIAL CLASSES OF Mr. Daniel R. Thompson, Attorney, Carr, periment, competition, repairs or altera­ Bonner, O’Connell, Kaplan, and Scott, MERCHANDISE tions and that such vehicle or equipment 1001 Connecticut Avenue NW., Washing­ Importation of Motor Vehicles and item will not be sold or licensed for use ton, D.C. 20036, and other relevant ma­ on the public roads: Provided, That Items of Motor Vehicle Equipment terial, finds that cochineal extract is vehicles imported solely for purposes of safe for use in or on foods and drugs On April 10, 1968, Public Law 90-283 test or experiment may be licensed for under the conditions prescribed in this was enacted to amend the National use on the public roads for a period not to order and that certification is not neces­ Traffic and Motor Vehicle Safety Act of exceed one year, where such use is an sary for the protection of the public 1966 (15 U.S.C. 1391-1409) by adding a integral part of tests or experiments for health. Therefore, it is ordered, That new section 123. This section provides a which such vehicle is being imported, §§ 8.317 ^and 8.6009, which provide for procedure whereby the Secretary of upon condition that the importer attach the safe use of the color additive carmine, Transportation is authorized, upon peti­ to the declaration a description of the be revised to read as follows to include tion by a manufacturer of 500 or less tests or experiments for which the cochineal extract: vehicles annually, to temporarily exempt vehicle is being imported, the period of such vehicles from certain Federal motor time during which it is estimated that it § 8.317 Cochineal extract; carmine. vehicle safety standards. The procedures will be necessary to test the vehicle on the (a) Identity. (1) The color additive for temporary exemption of such vehi­ public roads, and the disposition to be cochineal extract is the concentrated so­ cles adopted by the Department, as pub­ made of the vehicle after completion of lution obtained after removing the al­ lished in the F ederal R egister on the tests or experiments. cohol from an aqueous-alcoholic extract September 26, 1968 (33 F.R. 14457), re­ * * * H: sj: of cochineal (Dactylopius coccus costa quire each exempted vehicle to bear a (Sec. 108, 80 Stat. 722, 15 U.S.C. 1397) (Coccus cacti L.)). The coloring prin­ label or tag permanently affixed con­ ciple is chiefly carminic acid. taining certain information including a Since the first amendment is neces­ (2) The color additive carmine is the statement listing the safety standards for sitated to conform to regulations of the aluminum or calcium-aluminum lake on which an exemption has been obtained. Department of Transportation presently an aluminum hydroxide substrate of the Since vehicles so exempted will no longer in effect and the second will affect a very coloring principles, chiefly carminic acid, bear the “valid certification as required limited number of persons with a legiti­ obtained by an aqueous extraction of by section 114 of the National Traffic mate interest in road testing noncon­ cochineal (Dactylopius coccus costa and Motor Vehicle Safety Act of 1966 forming vehicles, notice and public {Coccus cacti L .)). (15 U.S.C. 1403) V which is required by 19 procedure thereon is not considered (3) Color additive mixtures for food CFR 12.80(b)(1) if a motor vehicle necessary and good cause is found for use made with cochineal extract or car­ offered for importation is not to be dispensing with the delayed effective date mine may contain only diluents that are refused entry, it is deemed desirable to provision of 5 U.S.C. 553(d). Therefore, suitable and that are listed in this Sub­ amend 19 CFR 12.80(b) to allow entry the amendments shall be effective upon part D as safe in color additive mixtures of exempted vehicles bearing the exemp­ publication in the F ederal R egister. for coloring foods. tion labels or tags required under the [ seal] Lester D. Johnson, (b) Specifications. (1) Cochineal ex­ regulations of the Department of Trans­ Commissioner of Customs. tract shall conform to the following spec­ portation (23 CFR 217.13). ifications: Approved: November 29, 1968. In addition, the Automobile Manufac­ pH, not less than 5.0 and not more than turer’s Association, Inc., on behalf of it­ Joseph M. B owman, 5.5 at 25° C. self and its member companies, has made Assistant Secretary Protein (N x 6.25), not more than 2.2 a showing of the necessity of importing of the Treasury. percent. and using for purposes of test or experi­ Total solids, not less than 5.7 and not more ment for a limited time on the public Approved: December 9,1968. than 6.3 percent. Methyl alcohol, not more than 150 parts roads, of a limited number of noncon­ Lowell K . B ridwell, per million. forming motor vehicles manufactured Federal Highway Administrator. Lead (as P b), not more than 10 parts per outside the United States. The Associa­ [F.R. Doc. 68-14941; Filed, Dec. 13, 1968; million. tion has requested an amendment of 19 8:47 a.m.] Arsenic (as As), not more than 1 part per CFR 12.80(b) (2) (vii) which currently, million. among other things, allows the importa­ Carminic acid, not less than 1.8 percent. tion of such vehicles for such purposes (2) Carmine shall conform to the fol­ m upon a declaration by the importer Title 21— FOOD AND DRUGS lowing specifications: that these vehicles will not be licensed for use on the public roads. Chapter I—food and Drug Adminis­ Volatile matter (at 135° C. for 3 hours), not more than 20.0 percent. In consideration of the_ foregoing, tration, Department of Health, Edu­ Ash, not more than 12.0 percent. § 12.80(b) is amended as follows: cation, and Welfare Lead (as Pb), not more than 10 parts per million. Subparagraph (b)(1) is amended by SUBCHAPTER A— GENERAL changing the period following the words Arsenic (as As), not more than 1 part per H / M e d or tagged”, to a comma and PART 8— COLOR ADDITIVES million. (2) (vii) is amended to read as ' Carminic acid, not less than 50.0 percent. follows: Subpart D— Listing of Color Additives, for Food Use Exempt From Certifi­ Carmine and cochineal extract shall be § 12.80 Federal motor vehicle safety cation pasteurized or otherwise treated to de­ standards. stroy all viable Salmonella micro-orga­ * * * * * Subpart F— Listing of Color Additives nisms. Pasteurization or such other treat­ (b) * * * for Drug Use Exempt From Certifi­ ment is deemed to permit the adding of * * * or (iii) (for vehicles only cation safe and suitable substances (other than wnieq have been exempted by the Secre- chemical preservatives) that are essen­ „ f • Transportation from meeting Cochineal Extract tial to the method of pasteurization or ertam safety standards) it bears a label Pursuant to the provisions of the Fed­ other treatment used. For the purposes r taS Permanently affixed to such ve­ of this paragraph, safe and suitable sub­ eral Food, Drug, and Cosmetic Act (sec. stances are those substances that per-

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18578 RULES AND REGULATIONS form a useful function in the pasteuriza­ by a memorandum or brief in support k. In §120.145, “ (with or without tion or other treatment to render the car­ thereof. All documents shall be filed in tops) or carrot tops” is deleted. mine and cochineal extract free of via­ six copies. l. In § 120.184, “ (with or without ble Salmonella micro-organisms, which Effective date. This order shall become tops) and carrot tops” is deleted from substances are not food additives as de­ effective 60 days from the date of its pub­ the paragraph “ 1 part per mil­ fined in section 201 (s) of the act or, if lion * * *.” lication in the Federal R egister, except m. In § 120.187, “ (with or without they are food additives as so defined, are as to any provisions that may be stayed used in conformity with regulations tops) or carrot tops” is deleted. by the filing of proper objections. Notice n. In § 120.192, “ (with or without established pursuant to section 409 of of the filing of objections or lack thereof the act. tops) or carrot tops” is deleted. will be announced by publication in the o. In § 120.193, “ (with or without (c) Uses and restrictions. Carmine and F ederal R egister. cochineal extract may be safely used for tops) or carrot tops” is deleted. coloring foods generally in amounts con­ (Sec. 706 (b), (c) (2), (d), 74 Stat. 399-403, p. In § 120.207, “ (with or without sistent with good manufacturing prac­ as amended; 21 U.S.C. 376 (b), (c) (2), (d)) tops) ” is deleted from the second para­ tice, except that they may not be used Dated: December 6, 1968. graph. to color foods for which standards of 3. Section 120.123- is amended in the identity have been promulgated under R. E. D uggan, ninth paragraph by deleting “ (with Acting Associate Commissioner pods) ” following “peas”. section 401 of the act unless added color for Compliance. is authorized by such standards. 4. Section 120.187 is amended by (d) Labeling requirements. The label [F.R. Doc. 68-14962; Filed, Dec. 13, 1968; changing “ (parachlorophenyl)” to “ (p- of the color additives and any mixtures 8:48 am.] chlorophenyl) ” . intended solely or in part for coloring 5. Section 120.207 is amended by de­ leting “alfalfa, (fresh) ” from the para­ purposes prepared therefrom shall con­ SUBCHAPTER B— FOOD AND FOOD PRODUCTS form to the requirements of § 8.32. graph “ 0.05 part per million * * *” (e) Exemption from certification. Cer­ PART 120— TOLERANCES AND EX­ because it is covered by “forage legumes” tification of these color additives is not EMPTIONS FROM TOLERANCES FOR in that paragraph. 6. Section 120.219 is amended by necessary for the protection of the public PESTICIDE CHEMICALS IN OR ON health, and therefore batches thereof are changing “plant growth regulator” to exempt from the certification require­ RAW AGRICULTURAL COMMODI­ ‘•‘plant regulator” and by changing “and ments of section 706(c) of the act. TIES for its dimethylamina” to “and its dimethylamine” . § 8.6009 Cochineal extract ; carmine. Miscellaneous Amendments 7. Section 120.233 is amended by (a) Identity and specifications. (1) Pursuant to the authority contained in changing “ (dimethylsulfamoly) ” to “ (di- The color additives cochineal extract and the Federal Food, Drug, and Cosmetic methylsulfamoyi) ” . carmine shall conform in identity and Act (sec. 701(a), 52 Stat. 1055; 21 U.S.C. 8. In § 120.1001(c) the reference to specifications to the requirements of 371(a)) and delegated to the Commis­ footnote 1 is deleted from the items § 8.317(a) (1) and (2) and (b). sioner of Food and Drugs (21 CFR 2.120), “Dichlorodifluoromethane,” “Dichloro- (2) Color additive mixtures for drug and effective upon publication of this tetrafluoroethane,” and “Tricholoro- use made with carmine and cochineal order in the F ederal R egister, Part 120 fluoromethane” and footnote 1 is deleted extract may contain only those diluents is amended as follows to delete obsolete from the bottom of the table. that are suitable and that are listed in material and make editorial and minor (Sec. 701(a), 52 Stat. 1055; 21 U.S.C. 371(a)) this Subpart F as safe in color additive technical changes: mixtures for coloring drugs. 1. In § 120.2(a), “sodium benzonate” is Dated: December 5, 1968. Ob) Uses and restrictions. Cochineal changed to “sodium benzoate.” R. E. Duggan, extract and carmine may be safely used 2. A revision of § 120.1 (j) (6) provides Acting Associate Commissioner for coloring ingested and externally ap­ that only the roots of carrots be exam­ for Compliance. plied drugs in amounts consistent with ined for pesticide residues. Accordingly, [F.R. Doc. 68-14963; Filed, Dec. 13, 1968; good manufacturing practice. the following sections are amended to re­ 8:48 am.] (c) Labeling requirements. The label move references to carrot tops: of the color additives and any mixtures a. In §120.110, “ (roots), carrots intended solely or in part for coloring (tops) | is deleted from the paragraph “7 purposes prepared therefrom shall con­ parts per million * * Title 29— LABOR form to the requirements of § 8.32. b. In § 120.114, “ (with or without tops) (d) Exemption from certification. Cer­ or carrot tops” is deleted from the para­ Chapter V— Wage and Hour D iv isio n , tification of these color additives is not graph “ 7 parts per million * * *.” Department of Labor c. In § 120.115, “ (with or without tops) necessary for the protection of the pub­ PART 723— LAUNDRY AND CLEANING lic health, and therefore batches thereof or carrot tops” is deleted from the para­ are exempt from the certification re­ graph “ 7 parts per million * * *.” INDUSTRY IN PUERTO RICO quirements of section 706(c) of the act. d. In § 120.116, “ (with or without Wage Order Any person who will be adversely tops) or carrot tops” is deleted from the affected by the foregoing order may at paragraph “ 7 parts per million * * *.” Pursuant to sections 5, 6 and 8 of he Fair Labor Standards Act of 1938 (W any time within 30 days from the date e. In § 120.120, “ (with or without tops) or carrot tops” is deleted from the para­ tat. 1062, 1064, as amended: 29 U.bn. of its publication in the F ederal R egister 05, 206 and 208) and Reorganization file with the Hearing Clerk, Department graph “ 14 parts per million * * *.” f. In § 120.121, “ (with or without tops) lan No. 6 of 1950 (3 CFR 1949-53 Comp. of Health, Education, and Welfare, Room . 1004), and by means of Administrative 5440, 330 Independence Avenue SW., or carrot tops” is deleted from the first paragraph. >rder No. 603 (33 F.R. 12103), the Secre- Washington, D.C. 20201, written objec­ ary of Labor appointed and convened tions thereto. Objections shall show g. In § 120.122, “ (with or without tops) or carrot tops” is deleted. ndustry Committee No. 77-B for wherein the person filing will be adversely lundry and cleaning industry inPj? affected by the order and specify with h. In § 120.123, “ (roots) ” following the word “carrots” is deleted from the para­ tico, referred to the Committee particularity the provisions of the order uestion of the minimum wage rate or deemed objectionable and the grounds graph “ 30 parts per million * * *.” i. In § 120.126, “ (with or without ates to be paid under section 6(c) of t for the objections. If a hearing is re­ ict to employees in the mdustn^ an quested, the objections must state the tops) ” is deleted from the paragraph “75 issues for the hearing, and such objec­ parts per million * * *.” tions must be supported by grounds j. In § 120.138, “ (with or without Committee. Subsequent to an investigation and a legally sufficient to justify the relief tops) or carrot tops” is deleted from the pursuant to the sought. Objections may be accompanied paragraph “ 7 parts per million * * *.” hearing conducted

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18579

notice, the Committee has filed with the in the Great Lakes Region was issued by The fee to be charged for Fee to be deter­ Administrator of the Wage and Hour the Commander, Ninth Coast Guard Dis­ special information, mined by the and Public Contracts Divisions of the trict and was made available to all per­ statistics, r e p o r t s , official author­ Department o f Labo r a report containing sons known to have an interest in this tap e s, audiovisual ized to release items (motion pictures, the informa- its findings of fact and recommendations subject. After consideration of all com­ film strips, slide sets, t i o n or his with respect to the matters referred to it. ments submitted in response to this pro­ sound recordings, video designee under Accordingly, as authorized and re­ posal the following regulation is adopted. tapes, or combinations § 1.556(a). quired by section 8 of the Pair Labor The purpose of this document is to set thereof), drawings, Standards Act of 1938, Reorganization forth the requirements in 33 CFR specifications, photo­ Plan No. 6 of 1950, and 29 CFR 511.18, 117.641a. graphs, etc., will be the recommendations of Industry Com­ 2. In view of the limited time remain­ based on the actual mittee No. 77-B are hereby published, to ing until the closure to navigation of the 'cost to the agency, in­ be effective December 30, 1968, in this St. Lawrence Seaway on or about Decem­ cluding labor, material order amending section 723.2 of Title 29, ber 10, 1968, the usual 30-day period al­ and overhead expenses Code of Federal Regulations, by revising lowed preceding the effective date of a ***** subparagraphs (a)(1) and (b)(1). As regulation after publication is impracti­ (72 Stat. 1114; 38 U.S.C. 210) amended, § 723.2 reads as follows: cal. Therefore, by virtue of the authority This VA Regulation is effective the date vested in me as Commandant, U.S. Coast of approval. § 723.2 Wage rates. Guard by 14 U.S.C. 632 and 49 CFR 1.4 * * * * * (a) (3) and (g), the text of 33 CFR Approved: December 10,1968. (a) Driver classification (1) The mini­ 117.641a reads as follows and shall be By direction of the Administrator. mum wage for this classification is $1.15 -effective on and after date of publication per hour for the period ending January of this document in the F ederal [ seal ] A. H. M onk, 31, 1969, $1.30 per hour for the period R egister. Acting Deputy Administrator. beginning February 1, 1969, and ending § 117.641a Great Lakes tributaries; sea­ [F.R. Doc. 68-14936; Filed, Dec. 13, 1968; January 31, 1970, and $1.45 per hour 8:46 a.m..] ■ thereafter. sonal operation of drawbridges. * * * * * (a) Drawtenders need not be in con­ (b) Other activities classification (1) stant attendance at drawbridges across The minimum wage for this classification streams or waterways discharging into Title 41— PUBLIC CONTRACTS is $0.89 per hour for the period ending any of the Great Lakes or portions of the January 31, 1969, $1.20 per hour for the Lakes themselves when the presence of AND PROPERTY MANAGEMENT period beginning February 1, 1969, and ice closes those waters to navigation. ending January 31, 1970, and $1.35 per (b) Any bridge where the drawtender Chapter 14— Department of the hour thereafter. is not in constant attendance for the Interior * * * * * reason stated above shall, nevertheless, be opened for the passage of a vessel fol­ PART 14-2— PROCUREMENT BY (Secs. 5, 6, 8, 52 Stat. 1062, 1064, as amended; 29 U.S.C. 205, 206, 208) lowing receipt of at least 12 hours ad­ FORMAL ADVERTISING vance notice of the time the opening is Signed at Washington, D.C., this 10th required. PART 14-7— CONTRACT CLAUSES day of December 1968. (c) Unless specifically prescribed Irregularities in Bids and Safety and elsewhere in this part, the bridges and Clarence T. Ltjndquist, Health Administrator, Wage and Hour the periods of time when this section and Public Contracts Divi­ shall be effective shall be as determined The following amendments to 41 CFR sions, U.S, Department of by the Commander, Ninth Coast Guard ,14-2, Procurement by Formal Advertis­ Labor. District, which shall be published in ing, published at 33 F.R. 3341 and of 41 Notices to Mariners or otherwise. CFR 14-7, Contract Clauses, published [F.R. Doc. 68-14967; Piled, Dec. 13, 1968; at 33 F.R. 7432 revise the Interior De­ 8:49 a.m.] (Sec. 5, 28 Stat. 362, as amended, sec. 6 (g), 80 Stat. 941; 33 U.S.C. 499, 49 U.S.C. 1655(g); partment Procurement Regulations. 49 CFR 1.4(a) (3) (v) and (g) ) These amendments are effective upon publication in the Federal R egister. Dated: December 10,1968. Title 33— NAVIGATION AND § 14—2.405—50 Other irregularities in W . J. Smith, bids. Admiral, U.S. Coast Guard, NAVIGABLE WATERS Commandant. All communications with the Comp­ troller General will be conducted by the Chapter I—-Coast Guard, Department [F.R. Doc. 68-14934; Filed, Dec. 13, 1968; Assistant Secretary for Administration: of Transportation 8:46 a.m.] Provided, however, That contracting of­ ficers may submit bid irregularities and SUBCHAPTER J— BRIDGES other questions pertaining to contract [CGFR 68-147] awards directly to the Comptroller Gen­ Title 38— PENSIONS, BONUSES, eral when demanded by exigency or pres­ PART 117— DRAWBRIDGE OPERA­ sure of circumstance. When time will TION REGULATIONS AND VETERANS’ RELIEF permit, consultation with members of Chapter I— Veterans Administration the Office of the Solicitor, either at its Great Lakes headquarters or regional or field office, 1. The Commandant has recognized PART T— GENERAL PROVISIONS shall be accomplished prior to such com­ munication. A copy of the letter, with the need for establishing a Federal regu­ Copies of Records and Papers lation which would give to the Com- attachments, if any, to the Comptroller jhander, Ninth Coast Guard District au­ In § 1.526(i), a new subparapraph (7) General shall be forwarded simultane­ thority to prescribe such temporary rules is added to read as follows : ously to the Director, Office of Survey and regulations necessary for the prompt § 1.526 Copies o f records and papers. and Review and to the Office of the Solicitor, and efficient control of the seasonal op­ * * * * » eration of drawbridges in the Great Lakes (i) Schedule of fees: § 14—7.602—50(5) (a) Safety and health. Region. A public notice dated October 18, 1968, setting forth the proposed revision * * * s{c * (a) In the interest of uniformity the (7) Fées to be determined based on actual heads of bureaus and offices shall require of the regulations governing drawbridges costs. in every construction contract the inclu-

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18580 RULES AND REGULATIONS sion of a safety and health clause simi­ 2. The withdrawal made by this order s ix HOURS lar to the one given below, containing does not alter the applicability of those Add: Phoenix, Ariz. (served from Nogales, as a minimum those requirements. Insert public land laws governing the use of the Ariz.). in the blank space of the clause the title national forest lands under lease, license, ***** of (1) the bureaus’ and offices’ own ap­ or permit, or governing the disposal of proved construction safety manual, (2) their mineral or vegetative resources These commuted traveltime periods “ Construction Safety Standards” of the other than under the mining laws. have been established as nearly as may Bureau of Reclamation,1 or (3) “Man­ be practicable to cover the time neces­ Harry R. A nderson, ual of Accident Prevention in Construc­ sarily spent in reporting to and return­ Assistant Secretary ing from the place at which the employee tion” (latest revised edition) of the As­ of the Interior. sociated General Contractors of America, performs such overtime or holiday duty Inc. D ecember 9, 1968. when such travel is performed solely on account of such overtime or holiday duty. Stewart L. Udall, [F.R. Doc. 68-14920; Filed, Dec. 13, 1968; Secretary of the Interior. Such establishment depends upon facts 8:45 a.m.] within the knowledge of the Plant Quar­ D ecember 6, 1968. antine Division. It is to the benefit of [F.R. Doc. 68-14923; Filed, Dec. 13, 1968; the public that these instructions be 8:45 a.m.] made effective at the earliest practicable Title 7— AGRICULTURE date. Accordingly, pursuant to the pro­ Chapter III— Agricultural Research visions of 5 U.S.C. 553, it is found upon good cause that notice and public proce­ Title 43— PUBLIC LANDS: Service, Department of Agriculture dure on these instructions are imprac­ PART 354— OVERTIME SERVICES RE­ ticable, unnecessary, and contrary to the INTERIOR LATING TO IMPORTS AND EXPORTS public interest, and good cause is found for making these instructions effective Chapter II— Bureau of Land Manage­ Commuted Traveltime Allowances less than 30 days after publication in ment, Department of the Interior Pursuant to the authority conferred theFEDERAL R egister. APPENDIX-PUBLIC LAND ORDERS upon the Director of the Plant Quaran­ (64 Stat. 561; 7 U.S.C. 2260) [Public Land Order 4543] tine Division by § 354.1 of the regula­ This amendment shall become effec­ [Sacramento 1659] tions concerning overtime services relat­ tive upon publication in the Federal ing to imports and exports, effective R egister. CALIFORNIA July 14, 1968 (7 CPR 354.1), administra­ tive instructions (7 CFR 354.2), effective Done at Hyattsville, Md., this 10th day Withdrawal for National Forest August 19, 1967, as amended February 9, of December 1968. Recreation Areas 1968, April 19, 1968, and July 25, 1968 [ seal] F. A. Johnston, By virtue of the authority vested in (32 F.R. 11981, 33 F.R. 2757, 5987, 10561) , Director, the President and pursuant to Executive prescribing the commuted traveltime Plant Quarantine Division. that shall be included in each period of Order No. 10355 of May 26, 1952 (17 F.R. [F.R. Doc. 68-14931; Filed, Dec. 13, 1968; 4831), it is ordered as follows: overtime or holiday duty are hereby 8:46 a.m.] 1. Subject to valid existing rights,amended by adding to and deleting from the following described national forest the “lists” therein as follows : Chapter VII— Agricultural Stabiliza­ lands are hereby withdrawn from appro­ § 354.2 Administrative instructions pre­ priation under the mining laws (30 scribing commuted traveltime. tion and Conservation Service (Agri­ U.S.C., Ch. 2), but not from leasing un­ * * * * * cultural Adjustment), Department of der the mineral leasing laws, in aid of Agriculture programs of the Department of O u tsid e M etropolitan A rea SUBCHAPTER B— FARM MARKETING QUOTAS o n e HOUR Agriculture: AND ACREAGE ALLOTMENTS H u m b o ld t M er idian Add: Castle AFB, Calif, (served from Merced, Calif.). PART 728— WHEAT SIX RIVERS NATIONAL FOREST ■ TWO HOURS Big Flat Campground Subpart— Regulations Pertaining to Add: Raymond, Wash, (served from As­ Farm Acreage Allotments, Yields, T. 15 N.,R. 2E„ toria, Oreg.). - Sec. 14, S1/2SE14SE14SE14; THREE HOURS Wheat Certificate Program for Crop Sec. 23, NE14NE14NE14. Add: Anacortes, Wash, (served from Years 1968-69, and Wheat Diver­ Shelly Creek Campground Blaine, Wash.). sion Program for the 1969 Crop Add: Freeport, Tex. (served from Galves­ Year T 17 N 3 g ton, or Houston, Tex.). sec. '5, wy2swy4 lot 5 (wy2swy4NEi4 Add: Grays Harbor, Wash, (served from County Projected Y ields and Diversion nei/4 ). Astoria, Oreg.). Payment R ates Add: Hamilton AFB, Novato, Calif, (served Cedar Rustic Campground from Travis AFB, Calif.). Correction T. 17 N., R. 3 E„ Delete : Freeport, Tex. (served from Hous­ In F.R. Doc. 68-14263 appearing at Sec. 9, SE%SE%SE%; ton, Tex.). Sec. 16, NE^NE^NE^. Delete: Raymond, Wash, (served from As­ page 17881 in the issue of Tuesday, De­ toria, Oreg.). cember 3, 1968, the following corrections Tish Tang Campground FOUR HOURS should be made in § 728.515(f). T. 7 N„ R. 5 E„ Add: Anacortes, Wash, (served from Seat­ 1. Under the center heading “Idaho ^ Sec. 5, wy2 lot 3, lot 4, N% lot 5, lots 6, tle, Wash.). a. The county designation “Owynee and 37. Delete: Anacortes, Wash, (served from should read “ Owyhee”. The areas described aggregate approx­ Blaine, or Seattle, Wash.). b. The figure in the “Estimated loan Delete: Grays Harbor, Wash, (served from rate * * *” column opposite the county imately 139 acres in Humboldt and Del Astoria, Oreg.). Norte Counties. designation “Valley” should read “ 1.14 FIVE HOURS instead of “ 9.14”. 2. Under the center heading Soutn 1 The publication referred to may be ob­ Add: Phoenix, Ariz. (served from Tucson, Dakota,” the county designation “Har­ tained from the Bureau of Reclamation, Ariz.). Office of Chief Engineer, Denver, Colo. Price Delete: Phoenix, Ariz. (served from din” should be changed to read $2.40. Nogales, Ariz.). “Harding”.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 RULES AND REGULATIONS 18581

Chapter IX— Consumer and Market­ quire any special preparation on the part for such effective time; and good cause ing'Service (Marketing Agreements of persons subject hereto which cannot exists for making the provisions hereof and Orders; Fruits, Vegetables, be completed on or before the effective effective as hereinafter set forth. Ship­ date hereof. Such committee meeting ments of Florida avocados are currently Nuts), Department of Agriculture was held on December 10,1968. regulated pursuant to Avocado Regula­ [Lemon Reg. 352] (b) Order. (1) The respective quanti­tion 10, as amended (33 F.R. 8500, 8801, ties of lemons grown in California and 10501,14116) and, unless sooner modified PART 910— LEMONS GROWN IN Arizona which may be handled during or terminated, will continue to be so CALIFORNIA AND ARIZONA the period December 15, 1968, through regulated until April 30, 1969. The rec­ Limitation of Handling December 21, 1968, are hereby fixed as ommendation and supporting informa­ follows : tion for regulation during the period § 910.652 Lemon Regulation 352. (1) District 1: 14,880 cartons;. specified herein were promptly submitted (a) Findings. (1) Pursuant to the (ii) District 2; 49,290 cartons; to the Department after an open meeting marketing agreement, as amended, and (iii) District 3: 103,230 cartons. of the Avocado Administrative Commit­ Order No. 910, as amended (7 CFR Part (2) As used in this section, “handled,” tee on December 11, 1968; such meeting 910), regulating the handling of lemons “District 1,” “District 2,” “District 3,” was held to consider recommendations grown in California and Arizona, effec­ and “carton” have the same meaning as for regulation, after giving due notice of tive under the applicable provisions of when used in the said amended market­ such meeting, and interested persons the Agricultural Marketing Agreement ing agreement and order. were afforded an opportunity to submit Act of 1937, as amended (7 U.S.C. 601- (Secs. 1-19, 48 Stat. 31, as amended; 7 their views at this meeting; the recom­ 674), and upon the basis of the recom­ U.S.C. 601-674) mended regulation and information upon which the regulation is based were mendations and information submitted Dated: December 12,1968. by the Lemon Administrative Commit­ received by the Department on Decem­ tee, established under the said amended Paul A. Nicholson, ber 11, 1968; the provisions of this sec­ marketing agreement and order, and Deputy Director, Fruit and Veg­ tion, including the effective time hereof, upon other available information, it is etable Division, Consumer and are identical with the aforesaid recom­ hereby found that the limitation of han­ Marketing Service. mendation of the committee, and in­ dling of such lemons, as hereinafter pro­ [F.R. Doc. 68—15005; Filed, Dec. 12, . 1968; formation concerning such provisions vided, will tend to effectuate the declared 8:49 a.m.] and effective time has been disseminated policy of the act. among handlers of avocados; it is nec­ (2) It is hereby further found that it essary, in order to effectuate the declared is impracticable and contrary to the [Avocado Reg. 10, Amdt. 4] policy of the act, to make this section public interest to give preliminary no­ PART 915— AVOCADOS GROWN IN effective during the period and in the manner hereinafter set forth so as to tice, engage in public rule-making pro­ SOUTH FLORIDA cedure, and postpone the effective date provide for the continued regulation of of this section until 30 days after publi­ Limitation of Shipments the handling of such avocados; and cation hereof in the Federal R egister compliance with this regulation will not (5 U.S.C. 553) because the time interven­ Findings. (1) Pursuant to the mar­ require any special preparation on the ing between the date when information keting agreement, as amended, and part of the persons subject thereto which upon which this section is based became Order No. 915, as amended (7 CFR Part cannot be completed by the effective time available and the time when this section 915), regulating the handling of avocados hereof. must become effective in order to effec­ grown in South Florida, effective under Order. The provisions of § 915.310 tuate the declared policy of the act is the applicable provisions of the Agri­ (Avocado Reg. 10; 33 F.R. 8500, 8801, insufficient, and a reasonable time is per­ cultural Marketing Agreement Act of 10501, 14116) as amended as follows: mitted, under the circumstances, for 1937, as amended (7 U.S.C. 601-674), and 1. The provisions of paragraph (a) (1) preparation for such effective time; and upon the basis of the recommendation are amended to read as follows: of the Avocado Administrative Commit­ good cause exists for making the provi­ § 915.310 Avocado Regulation 10. sions hereof effective as hereinafter set tee, established under the aforesaid mar­ forth. The committee held an open meet­ keting agreement and order, and upon (a) Order. (1) During the period De­ ing during the current week, after giving other available information, it is hereby' cember 16, 1968, through April 30, 1969, due notice thereof to consider supply and found that the limitation of handling of no handler shall handle any avocados avocados, as hereinafter provided, will market conditions for lemons and the unless such avocados grade at least U.S. need for regulation; interested persons tend to effectuate the declared policy of the act. No. 2 grade; were afforded an opportunity to submit ***** information and views at this meeting; (2) It is hereby further found that it the recommendation and supporting in­ is impracticable and contrary to the pub­ 2. The provisions of paragraph (b) formation for regulation during the pe­ lic interest to give preliminary notice, are amended by substituting “and the riod specified herein were promptly sub­ engage in public rule-making procedure, term U.S. No. 2” for “and the term U.S. mitted to the Department after such and postpone the effective date of this No. 3.” regulation until 30 days after publication meeting was held; the provisions of this (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C section, including its effective time, are thereof in the Federal R egister (5 U.S.C. 601-674) 553) because the time intervening be­ identical with the aforesaid recommen­ Dated, December 12, 1968, to become dation of the committee, and informa­ tween the date when information upon effective December 16, 1968. tion concerning such provisions and ef­ which this section is based became avail­ fective time has been disseminated among able and the time when this regulation Paul A. Nicholson, handlers of such lemons; it is necessary, Deputy Director, Fruit and in order to effectuate the declared policy must become effective in order to effectu­ Vegetable Division, Consumer of the act, to make this section effective ate the declared policy of the act is in­ and Marketing Service. during the period herein specified; and sufficient; a reasonable time is permitted, [F.R. Doc. 68-15038; Filed, Dec. 13, 1968; compliance with this section will not re­ under the circumstances, for preparation 11:21 aon.]

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18582 Proposed Rule Making

U.S.C. 380; secs. 1, 2, 4, 5, 6, 69 Stat. 539, 540, 17 CFR Part 1104 ] 25 U.S.C. 415, 415a, 415b, 415c, 415d. DEPARTMENT OF THE INTERIOR [Docket No. AO-298-A14] R obert L. B ennett, Bureau of Indian Affairs Commissioner of Indian Affairs. MILK IN RED RIVER VALLEY [ 25 CFR Part 1513 [F.R. Doc. 68-14922; Filed, Dec. 13, 1968; MARKETING AREA 8:45 a.m.] GENERAL GRAZING REGULATIONS Decision on Proposed Amendments to Tentative Marketing Agreement Notice of Proposed Rule Making DEPARTMENT OF AGRICULTURE and to Order D ecember 10,1968. Pursuant to the provisions of the Agri­ There was published in the F ederal Consumer and Marketing Service cultural Marketing Agreement Act of R egister on October 17, 1968 (33 F.R. [ 7 CFR Part 905 1 1937, as amended (7 U.S.C. 601 et seq.), 15429), a notice of proposed rule-making and the applicable rules of practice and which expressed an intent to revise the ORANGES, GRAPEFRUIT, TANGER­ procedure governing the formulation of General Grazing Regulations of the INES, AND TANGELOS GROWN IN marketing agreements and marketing Bureau of Indian Affairs, Part 151, Sub­ orders (7 CFR Part 900), a public hearing chapter N, Chapter I, Title 25, of the FLORIDA was held at Wichita Falls, Tex., on Au­ Code of Federal Regulations. This notice Notice of Proposed Rule Making With gust 15, 1968, pursuant to notice thereof provided that interested persons were issued on August 2, 1968 (33 F.R. 11299). given 30 days from the date of publica­ Respect to Approval of Expenses and Fixing of Rate of Assessment Upon the basis of the evidence intro­ tion of the proposed revised regulations duced at the hearing and the record within which to submit their written for T 968-69 Fiscal Period thereof, the Deputy Administrator, Reg­ comments, suggestions, or objections Consideration is being given to the fol­ ulatory Programs, on October 9, 1968 with respect thereto. lowing proposals submitted by the Grow­ (33 F.R. 15256; F.R. Doc. 68-12457), filed There was also published in the F ed­ ers Administrative Committee, estab­ with the Hearing Clerk, U.S. Department eral R egister on November 23, 1968 (33 lished under the marketing agreement, of Agriculture, his recommended deci­ F.R. 17358), a notice which extended the as amended, and Order No. 905, as sion containing notice of the opportunity time period for the submission by in­ amended (7 CFR Part 905), regulating to file written exceptions thereto. terested persons of their comments, sug­ the handling of oranges, grapefruit, The material issues, findings and con­ gestions, or objections, for an additional tangerines, and tangelos grown in Flor­ clusions, rulings, and general findings of 90 days from November 16,1968. ida, effective under the Agricultural the recommended decision (33 F.R. The two notices, supra, cited as au­ Marketing Agreement Act of 1937, as 15256; F.R. Doc. 68-12457) are hereby thorities for the issuance of the pro­ amended (7 U.S.C. 601-674), as the approved, adopted and are set forth in posed revised regulations, the following: agency to administer the terms and pro­ full herein subject to the following Basis and purpose. This notice is pub­ visions thereof: modifications: lished in the exercise of rule making au­ (a) That expenses that are reasonable 1. Under Issue 1, paragraph 8 is thority (hereinafter referred to) dele­ and likely to be incurred by the Growers changed. gated by the Secretary of the Interior to Administrative Committee during the 2. Under Issue 4, paragraphs 6 and 7 the Commissioner of Indian Affairs by period August 1, 1968, through July 31, are changed. 230 DM 2. Pursuant to the authority 1969, will amount to $180,000. The material issues on the record of vested in the Secretary of the Interior by (b) That the rate of assessment for the hearing relate to:- sections 161, 463, and 465 of the Revised such period, payable by each handler in 1. Cooperative associations as handlers Statutes (5 U.S.C. 301; 25 U.S.C. 2 and accordance with § 905.41, be fixed at for milk delivered from farms to pool 9), and by section 6 of the Act of June 18, $0,006 per standard packed box. plants in bulk tanks ; 1934 (48Stat. 986), * * *. (c) Terms used in the amended mar­ 2. Division of 2 percent shrinkage al­ The purpose of this notice is to cite keting agreement and order shall, when lowance* additional pertinent statutory authorities used herein, have the same meaning as 3. Thé definition of “route” ; upon which the proposed revised regula­ is given to the respective term in said 4. Interest on unpaid obligations; and tions are based. Accordingly, the second amended marketing agreement and 5. Deletion of the base-excess plan of sentence of the first paragraph titled order. payment to producers. “ Basis and Purpose” beginning with the All persons who desire to submit writ­ This decision is concerned with Issues words “Pursuant to the authority vested ten data, views, or arguments in connec­ 1 through 4. A separate decision was is­ in the Secretary of the Interior by * * *” tion with the aforesaid proposals should sued on Issue 5 on September 13, 1968 in the two previously published notices file the same, in quadruplicate, with the (33F.R.14117). is hereby amended by deleting the follow­ Hearing Clerk, U.S. Department of Agri­ Findings and conclusions. The follow­ culture, Room 112, Administration Build­ ing findings and conclusions on the mate­ ing statutory citations: “sections 161, rial issues are based on evidence pre­ 463, and 465 of the Revised Statutes (5 ing, Washington, D.C. 20250, not later than the 10th day after the publication sented at the hearing and the record U.S.C. 301; 25 U.S.C. 2 and 9), and by of this notice in the Federal R egister. thereof: section 6 of the Act of June 18, 1934 (48 All written submissions made pursuant to 1. Any cooperative association of pro­ Stat. 986),” and by inserting in lieu this notice will be made available for ducers which delivers milk of its produc­ thereof the following statutory citations: public inspection at the office of the ers from the farm directly to pool plants of other handlers in a tank truck owned 5 U.S.C. 301; R.S. 463, 25 U.S.C. sec. 2; R.S. Hearing Clerk during regular business hours (7 CFR 1.27(b)). 3r operated by such association or under 465, 25 U.S.C. sec. 9; and by sec. 6, 69 Stat. the control of such association, by con­ 986, 25 U.S.C. 466. Interpret or apply R.S. Dated: December 11,1968. 2078, 25 U.S.C. 68; R.S. 2117, 25 U.S.C. 179; tract or otherwise, to the extent tna sec. 3, 26 Stat. 795, 25 U.S.C. 397; sec. 1, 28 Paul A. Nicholson, such association supervises and controls Stat. 305, 25 U.S.C. 402; sec. 4, 36 Stat. 856, 25 Deputy Director, Fruit and the determination of farm weights ana U.S.C. 408; sec. 1, 39 Stat. 128, 25 U.S.C. 394; Vegetable Division, Consumer hacfc nf ife mAmhAT TTlllk ShOllld w6 sec. 1, 41 Stat. 1232, 25 U.S.C. 393; C. 158, 47 and Marketing Service. fined as a handler. Stat. 1417, 25 U.S.C. 413; secs. 16, 17, 48 Stat. The cooperative association in this 987, 988, 25 U.S.C. 476, 477; C. 210, 53 Stat. [F.R. Doc. 68-14961; Filed, Dec. 13,. 1968; 840, 25 U.S.C. 68a, 87a; C. 554, 54 Stat. 745, 25 8:48 a.m.] market often takes responsibility for de-

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 PROPOSED RULE MAKING 185 8 3

livery of milk from producers’ farms to sociated with cooperative milk from that on his utilization for milk he received at regulated plants. Such delivery is pro­ occurring on nonmember milk. his plant from the cooperative and would vided in tank trucks. Each truckload of Accordingly, the conditions under pay the cooperative association bulk tank milk usually contains the production of which the coopérative association is re­ handler the minimum uniform price for several farmers. quired to be the handler should specify such milk, the same as for milk received The quantities of milk and the butter- that the cooperative supervise and con­ from an individual producer. This proce­ fat content thereof received from each trol the determination of farm weights dure simplifies any adjustments based producer constitute in the aggregate the and tests of its member milk. In such upon audit of the handler’s records. skim milk and butterfat in the pool and cases it would be appropriate for the The separate responsibilities of the must be reported to the market adminis­ cooperative association to be the han­ respective handlers when a cooperative trator. Under the bulk tank handling dler of the member milk in such com­ delivers bulk tank milk of its members procedure described above, the coopera­ mingled bulk tank. to pool plants of other handlers require tive association is in control of the in­ Thè handler operating the Pool plant changes in certain other order provisions. formation as to the quantities of milk and may accept the cooperative association These include the “producer milk” def­ the butterfat tests thereof received from farm weights and tests of its member inition, some change in reporting re­ each producer. After the milk is com­ milk, in which case the commingling of quirements, and payment provisions mingled with milk of other producers such milk with other milk presents no (including administrative expense). The in a tank truck there is no further op­ problem in determining how much milk revised reporting requirements in turn portunity to measure, sample, or reject was received from the cooperative asso­ change a reference used in defining the the milk of an individual producer. ciation at the pool plant. If, however, obligations of a partially regulated Therefore, when weighing and testing such farm weights are not accepted, distributor. These changes in provisions are conducted under the direct super­ means should be provided for determina­ do not otherwise alter the obligations of vision and control of a cooperative asso­ tion of the quantity of member milk re­ any handler. ciation the cooperative should be the ceived at the pool plant in a tank truck 2. Provision should be made for divi­ handler responsible for reporting receipts in which member and nonmember milk sion of the two percent shrinkage allow­ of milk from member-producers and its is commingled and the total quantity re­ ance on milk for which a Cooperative disposition to other plants, for pooling, ceived at the pool plant differs from the association is the bulk tank handler and any such milk not so disposed of, and total of farm weights. The farm weights on milk moved: between plants. for payments to individual producer- of all milk in the truck have been deter­ When a cooperative is performing in members. mined by the same person who has also its capacity as a bulk tank handler, a Producers proposed that a cooperative taken farm, samples for butterfat testing. division of shrinkage allowance on milk association should be the handler on bulk The weight of milk received from the it handles is necessary if such milk is not tank milk delivered directly from farms cooperative assocciation should be the accepted by the pool plant operator on to a pool plant of another handler only same proportion of the total receipts at the basis of farm weights and tests. at its option. They proposed that upon the plant as it was of the total receipts Provision should be made that the notification by the cooperative associa­ determined at the farm. pool plant operator who acounts for milk tion to the market administrator and the The pool plant operator must account received from the cooperative association operator of the pool plant in writing prior to the pool for the farm weights of the handler on the basis of farm weights and to delivery, the transferee handler would nonmember milk in tank trucks, as for tests may account for up to two percent be the responsible handler. For the other milk picked up in tank trucks for of such receipts in Class II as shrinkage reasons set forth above, a cooperative as­ which he is the handler. The butterfat but if the quantity of such receipts is sociation should be the handler when­ content of the plant receipts from the determined otherwise, the allowable ever it is performing the functions de­ cooperative must be determined from Class H shrinkage to the plant operator scribed, rather than on an elective basis. the test of samples taken at the farm is 1.5 percent, with up to one-half percent As an alternative in the event that applied to the quantity determined by shrinkage allowance to the cooperative opportunity to elect handler status this proration. These procedures provide association. Other methods which may should be denied, proponents suggested the most equitable method of determin­ be used to determine the weights and that the cooperative and pool plant ing the quantity of milk delivered by a tests of plant receipts must be such that operator could agree that the pool plant cooperative association if farm weights the market administrator is enabled to operator could be the handler if he pur­ are not accepted as the basis of settle­ determine the accuracy of the quantities chased milk on the basis of farm ment for commingled milk. of skim milk and butterfat in milk weights and tests as determined by the The cooperative is the only party in a for which the receiving handler is cooperative association. By the means position to make payments to the in­ responsible. hereinafter provided for assignment of dividual producers whose milk it picks The order presently provides a shrink­ shrinkage allowances the same result is up for delivery in bulk tanks. Conse­ age allowance of two percent of receipts achieved where farm weights and tests quently, it is necessary that the coopera­ from producers and of receipts from are the basis for receipt at the pool plant. tive settle with individual producers ac­ other order plants and unregulated sup­ The cooperative association based its cording to the quantity of milk received ply plants except as designated for Class from each of them. The order uniform II use. The division of this shrinkage al­ price of such milk is that applicable at lowance provided with respect to milk encountered in a few instances when the pool plant to which delivery is made. delivered by a cooperative association hjjlk of producers who are not members The operator of the pool plant to which acting as a bulk tank handler recog­ of a cooperative association is commin­ a cooperative association delivers milk nizes that part of the handling in which gled in the same tank truck with milk of picked up at the farm in a bulk tank is shrinkage occurs has taken place prior member producers before delivery to a the handler in control of the utilization to receipt at the plant of ultimate dis­ Pool plant. It claims that in some in­ of the milk so received. He should there­ position. In this case, the milk collected stances the association contracts only for fore be responsible for reporting its utili­ at the farm is measured at the farm. the hauling rates to apply on its member zation, and for its value at the class prices Some loss would normally occur during milk, in which case, it does not effectively applicable to such utilization. This can be the transfer operation between the farm control the weights and sampling either accomplished by treating such milk the and the plant. Unless the plant operator of its members’ milk or the milk of non­ same as receipts of other producer milk accepts the milk at farm weights and members. Even in those situations when at the pool plant. tests, the cooperative association is the the cooperative has control of the The pool plant operator would be re­ Weights and sampling of member milk- sponsible to the producer-settlement handler responsible for the classification on a truck load but does not have such fund and for administrative expense of the milk lost. A shrinkage allowance of control on nonmember milk it would be assessment on milk it received from the not more than one-half percent to be impossible to distinguish separately by cooperative. The pool plant operator classified as Class II milk should be Physical measurement the shrinkage as- would be charged the class prices based provided.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 No. 243------5 1 8 5 8 4 PROPOSED RULE MAKING

It was also proposed that the shrink­ This provision is included in many the evidence in the record were con­ age allowance be similarly divided when other orders. Inclusion of such provision sidered in making the findings and con­ milk is moved between plants, or is di­ in this order will tend to assure prompt clusions set forth above. To the extent verted to nonpool plants. In such cases a payment of amounts due and is essential that the suggested findings and conclu­ portion of the handling in which shrink­ to effective operation of the order. The sions filed by interested parties are in­ age occurs takes place in different plants, establishment of an interest charge will consistent with the findings and conclu­ or between the farm and nonpool plant. have no effect on handlers who consist­ sions set forth herein, the requests to The proportion of one-half percent to the ently pay their obligations promptly. make such findings or reach such conclu­ plant which receives milk and 1.5 percent The purpose of interest payments on sions are denied for the reasons pre­ to the plant to> which milk is moved after overdue obligations is to encourage viously stated in this decision. receipt is commonly used in Federal or­ prompt payment of amounts due on or General findings. The findings and ders for this purpose, and is considered before the specified date. If amounts determinations hereinafter set forth are reasonable under normal circumstances. owed are not paid on time, other persons supplementary and in addition to the It should be adopted in the Red River are affected in that payments from the findings and determinations previously Valley order. several accounts would of necessity be made in connection with the issuance of To provide equitable application of the reduced until the obligations were paid. the aforesaid order and of the previously shrinkage provisions to all handlers who The half percent per month rate provided issued amendments thereto; and all of may have various kinds of milk receipts, is comparable to the cost of borrowing said previous findings and determina­ the order should provide 1.5 percent money under normal business practices. tions are hereby ratified and affirmed, shrinkage allowance on receipts of bulk Interest would be computed on the first except insofar as such findings and de­ Grade A fluid milk products from other day of the month next following the due terminations may be in conflict with the milk plants, except other order and date and would be compounded on the findings and determinations set forth other source receipts for which Class II first day of each month thereafter until herein. use is designated. Likewise, provision paid. (a) The tentative marketing agree­ should be made for reduction of a han­ Interest payments should be limited to ment and the order, as hereby proposed dler’s total shrinkage allowance by 1.5 obligations due to the market adminis­ to be amended, and all of the terms and percent of movements to other milk trator from handlers. The proposal of conditions thereof, will tend to effectuate plants. With respect to milk diverted be­ the principal cooperative supplying the the declared policy of the Act; tween pool plants, the present provision market to apply an interest charge to (b) The parity prices of milk as deter­ which assigns the 2 percent allowance to obligations payable by the market ad­ mined pursuant to section 2 of the Act the plant at which the milk is received is ministrator from the producer-settle­ are not reasonable in view of the price of continued. With respect to diversions to ment fund, marketing service fund, and feeds, available supplies of feeds, and nonpool plants, the division of shrink­ administrative fund should not be other economic conditions which affect age is determined by whether farm adopted. These funds are only in the market supply and demand for milk in weights and tests are used as the basis custody of the market administrator who the marketing area, and the minimum of receipt at the nonpool plant. If farm simply collects and disburses them in prices specified in the proposed market­ weights and tests are used, there is no accordance with the order terms. ing agreement and the order, as hereby shrinkage allowance to the diverting Neither should interest be charged, as proposed to be amended, are such prices handler. If other methods are used, one- proposed, on unpaid obligations owed by as will reflect the aforesaid factors, insure handlers to producers or cooperative as­ a sufficient quantity of pure and whole­ half percent is provided for such some milk, and be in the public interest; handler. sociations of producers. No showing was 3. A definition of “route disposition” made on the record that any handlers and have been delinquent in payments to co­ (c) The tentative marketing agree­ should be incorporated in the order to ment and the order, as hereby proposed define clearly the meaning of the term operative associations or individual producers. to be amended, will regulate the handling and to assist in identifying those plants of milk in the same manner as, and will to be regulated under the order. At the The market administrator only knows the date upon which payment to a co- be applicable only to persons in the re­ present time the order does not contain spective classes of industrial and com­ a definition of route or route disposition operative association or a producer is made upon audit or after complaint from mercial activity specified in, a marketing although the term is used a number of agreement upon which a hearing has times in other provisions of the order. the party to whom payment is due. Audit might not reveal the date a check was been held. , The term “route disposition” would Rulings on exceptions. In arriving at mean the delivery (including any de­ issued if the check bore an earlier date. The market administrator would, under the' findings and conclusions, and the livery by a vendor or disposition at a regulatory provisions of this decision, plant store) of fluid milk products, other such circumstance, have no record basis upon which to apply interest. the one exception received was carefully than a delivery to a milk plant. and fully considered in conjunction with Fluid milk products may be delivered Handlers and cooperatives in this mar­ ket have frequently entered into con­ the record evidence pertaining thereto. through another milk plant. Such deliv­ To the extent that the findings and ery might then be considered a roùte tracts and agreements on the prices paid for milk. The cooperative as the mar­ conclusions, and the regulatory PrQ£ir disposition of both the processing and sions of this decision are at variance with packaging plant and the plant through keting agent for its producers has au­ thority to contract with purchasing such exception, such exception is hereby which disposition is made to the ulti­ handlers to provide for payment of in­ overruled for the reasons previously mate consumer. terest or other penalty on delinquent ac­ stated in this decision. Only one distributing plant should be Marketing agreement and order. An­ credited for purposes of pooling with counts. Thus, considerations of the terms and nexed hereto and made a part hereoi route deliveries of the same milk. To are two documents entitled respectively, avoid duplicate credit for route disposi­ conditions of sale of milk might better be left to the parties entering into the “Marketing Agreement Regulating tne tion, all deliveries to other milk plants Handling of Milk in the Red River Valley are excluded from the definition of contract instead of being incorporated in this order. In view of current market­ Marketing Area”, and “Order Amending “ route disposition.” the Order Regulating the Handling o 4. A provision should be included in ing conditions, interest charges on over­ due payments of handlers to producers Milk in the Red River Valley Marketing the order to require the payment of in­ Area”, which have been decided upon terest on amounts due from handlers to or groups of producers should not be adopted on the basis of this record. as the detailed and appropriate ^ a n s oi the market administrator for each month effectuating the foregoing conclusions. Rulings on proposed findings and con­ or portion thereof that such obligation It is hereby ordered, That all 9* is overdue on any unpaid obligation due clusions. Briefs and proposed findings decision, except the attached mar to the producer-settlement fund, mar­ and conclusions were filed on behalf of certain interested parties. These briefs, agreement, be published in the keting service fund, and administrative R egister. The regulatory provisions oi expense fund. proposed findings and conclusions and

FEDERAL REGISTER, VOt. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 PROPOSED RULE MAKING 185 8 5 said marketing agreement are identical sufficient quantity of pure and whole­ (2) Received by such cooperative as­ with those contained in the order as some milk, and be in the public inter­ sociation from producers’ farms as a hereby proposed to be amended by the est; and handler pursuant to § 1104.11(e) in attached order which will be published (3) The said order as hereby amended,excess of the quantity delivered to pool with this decision. regulates the handling of milk in the plants pursuant to paragraph (a) (2) of Determination of representative pe­ same manner as, and is applicable only to this section. Such milk shall be priced to riod. The month of September 1968 is persons in the respective classes of in­ the cooperative association at the loca­ determined to be the representative pe­ dustrial or commercial activity specified , tion of the pool plant to which most of riod for the purpose of ascertaining in, a marketing agreement upon which a the milk in the tank truck was delivered. whether the issuance of the attached or­ hearing has been held. der, as amended and as hereby proposed Order relative to handling. It is there­ 4. A new § 1104.17 is added to read as to be amended, regulating the handling fore ordered, that on and after the ef­ follows : of milk in the Red River Valley market­ fective date hereof, the handling of milk § 1 1 0 4 .1 7 Route disposition. ing area, is approved or favored by pro­ in the Red River Valley marketing area “Route disposition” or “disposed of on ducers, as defined under the terms of shall be in conformity to and in com­ routes” means any delivery (including the order, as amended and as hereby pliance with the terms and conditions any delivery by a vendor or disposition at proposed to be amended, and who, dur­ of the aforesaid order, as amended and a plant store) of fluid milk products, ing such representative period, were en­ as hereby amended, as follows: other than a delivery to a milk plant. gaged in the production of milk for salé The provisions of the proposed mar­ within the aforesaid marketing area. keting agreement and order amending 5. Section 1104.30 is revised to read as follows : Signed at Washington, DC., on De­ the order contained in the recommended cember 11, 1968. decision issued by the Deputy Adminis­ § 1104.30 Reports of receipts and utili­ trator, Regulatory Programs, on Oc­ T ed J. D avis, zation. tober 9, 1968, and published in the Fed­ Assistant Secretary . On or before the seventh day after the eral R egister on October 12, 1968 (33 Order1 Amending the Order Regulating F.R. 15256; F.R. Doc. 68-12457), shall be end of each month, each handler, except the Handling of Milk in the Red and are the terms and provisions of this a producer-handler, shall report to the River Valley Marketing Area order, and are set forth in full herein: market administrator in the detail and 1. In 1 1104.7, paragraph (c) is revised on forms prescribed by the market ad­ § 1104.0 Findings and determinations. to read as follows: ministrator, as follows : The findings and determinations here­ (a) Each handler pursuant to § 1104.11 inafter set forth are supplementary and § 1 1 0 4 .7 Distributing plant. (a) shall report: in addition to the findings and deter­ * * * (c) from which Class I milk is (1) The quantities of skim milk and minations previously made in connection disposed of during the month on routes butterfat contained in milk received from with the issuance of the aforesaid order in the marketing area in an amount producers ; and of the previously issued amendments greater than an average of 600 pounds (2) The quantities of skim milk and thereto; and all of said previous findings per day. butterfat contained in (or used in the and determinations are hereby ratified production of) receipts of fluid milk and affirmed, except insofar as such 2. In § 1104.11, a new paragraph (e) products from other handlers; findings and determinations may be in is added to read as follows: (3) The quantities of skim milk and conflict with the findings and determi­ § 1104.11 Handler. butterfat contained in (or used in the nations set forth herein. * * $ $ * production of) other source milk (except Class II products disposed of in the same (a) Findings upon the basis of the (e) A cooperative association with re­ hearing record. Pursuant to the provi­ form in which received without further spect to milk of its member producers processing or packaging by the handler) sions of the Agricultural Marketing picked up at the farm for delivery to the Agreement Act of 1937, as amended (7 and any disappearance of other source pool plant of another handler in a tank milk held in inventory; U.S.C. 601 et seq.), and the applicable truck owned or operated by such asso­ rules of practice and procedure govern­ (4) The utilization of all skim milk and ciation, or under the control of such as­ butterfat required to be reported pur­ ing the formulation of marketing agree­ sociation, by contract or otherwise, to ments and marketing orders (7 CFR suant to this section; the extent that such association super­ (5) The disposition of Class I products Part 900), a public hearing was held vises and controls the determination of upon certain proposed amendments to on routes wholly outside the marketing farm weights and tests of the milk of area; the tentative marketing agreement and each of such member producers. to the order regulating the handling of (6) The quantities of fluid milk prod­ milk in the Red River Valley marketing 3. Section 1104.14 is revised to read as ucts on hand at the beginning and end area. Upon the basis of the evidence follows: of the month; and introduced at such hearing and the rec­ § 1 1 0 4 .1 4 Producer milk. (7) Such other information with re­ ord thereof, it is found that: spect to receipts and utilization as the (1) The said order as hereby amended, “Producer milk” means all skim milk market administrator may prescribe. and all of the terms and condition/; or butterfat in milk from producers as (b) Each cooperative association shall thereof, will tend to effectuate the de­ follows: report with respect to milk for which it is clared policy of the Act; (a) With respect to operations of a a handler pursuant to § 1104.11 (c) or (2) The parity prices of milk, as de­ pool plant: (e) : termined pursuant to section 2 of the (1) Received directly from such pro­ (1) , Receipts of skim milk and butter­ Act, are not reasonable in view of the ducers; fat from producers; Price of feeds, available supplies of feeds, (2) Received from a cooperative as­ (2) The quantities delivered to each and other economic conditions which sociation handler pursuant to § 1104.11 pool plant and each nonpool plant; and affect market supply and demand for (e ); and (3) The utilization of all skim milk Bulk in the said marketing area, and the (3) Diverted by the operator of such jninimum prices specified in the order as ahd butterfat not delivered to pool plants. pool plant to a nonpool plant for his (c) Each handler specified in § 1104.11 hereby amended, are such prices as will account, subject to the limits prescribed reflect the aforesaid factors, insure a in § 1104.63. (b) who operates a partially regulated distributing plant shall report as required (b) With respect to additional receipts This order shall riot become effective un- in paragraph (a) of this section, except less and until the requirements of § 900.14 by a cooperative association handler: that receipts in Grade A milk shall be of the rules of practice and procedure govern- (1) Diverted by such cooperative as­reported in lieu of those in producer mg proceedings to formulate marketing sociation pursuant to § 1104.11(c) sub­ milk; such report shall include a separate agreements and marketing orders have been ject to the limits prescribed in § 1104.63; met. 4 statement showing the respective and amounts of skim milk and butterfat dis-

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 1 8 5 8 6 PROPOSED RULE MAKING posed of in the marketing area as Class I sociation handler pursuant to § 1104.11 § 1104.86, or paragraph (a) (1) of this milk on routes. (e), the operator of the pool plant shall section shall be increased one-half of 1 have the burden of proving the classifi­ percent on the first day of the month 6. In § 1104.41(b), subparagraph (6) iscation of the skim milk and butterfat next following the due date of such ob­ revised to read as follows: defined in § 1104.14(a) (2); ligation and compounded on the first § 1 1 0 4 .4 1 Classes of utilization. (b) Milk received by a handler oper­ day of each month thereafter until such ***** ating a pool plant from a cooperative as­ obligation is paid. ( b ) * * * sociation handler pursuant to § 1104.11 11. In § 1104.86, paragraph (a) is re­ (6) In shrinkage of skim milk and (e) shall be classified according to use vised to read as follows: or disposition at the receiving plant and butterfat, respectively, assigned pursuant § 1104.86 Expense of administration. to § 1104.42(b) (1), but not to exceed the the value thereof at class prices shall be included in the receiving handler’s net following: * * * (a) producer milk (including (i) 2 percent of milk received directly obligation pursuant to § 1104.70; and that pursuant to § 1104.14(a) (2) and from producers (as specified in § 1104.63 (c) Any skim milk or butterfat shall such handler’s own production), * * * (a) with respect to milk diverted from a be reclassified if verification by the mar­ fP.R. Doc. 68-14932; Piled, Dec. 13, 1968; pool plant to the pool plant of another ket administrator discloses the original 8:46 a.m.] handler); plus classification was incorrect. (ii) 1.5 percent of receipts from a co­ 8. The introductory text of § 1104.62 operative association handler pursuant is revised to read as follows: to § 1104.11 (e), except that if the handler § 1104.62 Obligations of handler oper­ DEPARTMENT OF HEALTH, EDU­ operating the pool plant files notice with ating a partially regulated distrib­ the market administrator that he is ac­ uting plant. CATION, AND WELFARE counting for such milk on the basis of farm weights and tests determined by Each handler who operates a par­ Public Health Service tially regulated^distributing plant shall the cooperative association, the applica­ E 42 CFR Part 73 ] ble percentage shall be 2 percent. If farm pay to the market administrator for the producer-settlement fund on or before weights and tests are not used as the BIOLOGICAL PRODUCTS basis for any such milk commingled in the 25th day after the end of the month a tank truck with milk of producers who either of the amounts (at the handler’s Additional Standards: Anthrax are not members of the cooperative as­ election) calculated pursuant to para­ Vaccine, Adsorbed graph (a) or (b) of this section. If the sociation, the milk received from the co­ Notice is hereby given that the Direc­ operative association shall be the propor­ handler fails to report pursuant to §§ 1104.30(c) and 1104.31 the informa­ tor, National Institutes of Health, pro­ tion of the total receipts at the plant poses to amend Part 73 of the Public that such milk was of the total receipts tion necessary to compute the amount specified in paragraph (a) df this section, Health Service Regulations by prescrib­ determined at the respective farms; plus ing specific standards of safety, purity, (iii) 1.5 percent of milk received in he shall pay the amount computed pur­ suant to paragraph (b) of this section. and potency for Anthrax Vaccine, bulk tank loads from other pool plants; Adsorbed. plus * * * * * Inquiries may be addressed, and data, (iv) 1.5 percent of milk received in 9. In § 1104.80(b), add a new subpara­ graph (3) to read as follows: views, and arguments may be presented bulk tank loads from other order plants, by interested parties, in writing, in trip­ exclusive of the quantity for which Class § 1104.80 Time and method of payment licate, to the Director, National Insti­ II utilization was requested by the op­ tutes of Health, 9000 Rockville Pike, erator of such plant and the handler; for producer milk. * * * * *. Bethesda, Md. 20014. All relevant ma­ plus (b) * * * terial received not later than 30 days (v) 1.5 percent of milk received in after publication of this notice in the (3) Each handler who receives milk bulk tank loads from unregulated supply F ederal R egister will be considered. for which a cooperative association is the plants, exclusive of the quantity for Notice is also given that it is proposed which Class II utilization was requested handler pursuant to § 1104.11(e), shall on or before the second day prior to the to make' any amendments that are by the operator of such plant and the adopted effective 60 days after publica­ handler; less date payments are due individual pro­ tion in the Federal R egister. (vi) 1.5 percent of milk in bulk tank ducers, pay such cooperative associa­ loads transferred to other milk plants or tion for such milk as follows: Amend Part 73 of the Public Health diverted to a nonpool plant (such per­ (i) Partial payment for milk received Service Regulations as follows : centage shall be 2 percent if farm during the first 15 days of the month 1. Add the following to the table of weights and tests are used as the basis at the rate specified in paragraph (a) of contents after “ 73.406 Equivalent of receipt for milk diverted to a nonpool this section; and methods.” : plant); and (ii) In making final settlement, the A d d itio n a l S ta n da r d s: A n t h r a x V accine, (vii) 0.5 percent of milk received at value of such milk at the applicable uni­ / A dsorbed the farm by a cooperative association form price, less the amount of partial 73.420 Proper name and definition. handler pursuant to § 1104.11 (c) or (e), payment made for such milk. 73.421 U.S. Reference preparation. 73.422 Production. exclusive of receipts for which farm 10. Revise § 1104.84 to read as follows: weights and tests are used as the basis of 73.423 Potency test. receipt at the plant to which delivered; § 1 1 0 4 .8 4 Adjustment of accounts. 73.424 General requirements. # * * * * (a) Whenever audit by the market 2. Amend § 73.86 by inserting immedi­ administrator or other verification dis­ ately after “Allergenic Extracts, Alum 7. Section 1104.43 is revised to read as Precipitated Eighteen months follows: closes errors resulting in monies due (1) the market administrator from a han­ (5° C., eighteen months).” the following. § 1104.43 Responsibility of handlers dler, (2) a handler from the market ad­ Anthrax Vaccine, One year (5° C., two and reclassification of milk. ministrator, or (3) any producer or co­ Adsorbed. years). §73.84 does (a) All skim milk and butterfat to be operative association from a handler, the not apply. market administrator shall promptly classified pursuant to this part shall be 3. Add the following after § 7*3.406: classified as Class I milk unless the notify such handler of any amount so handler who first receives such skim due and payment thereof shall be made A dditional S tandards: Anthrax Vaccine, milk and butterfat establishes to the sat­ on or before the next date for making A dsorbed isfaction of the market administrator payments set forth in the provisions un­ § 73.420 Proper name and definition. that it should be classified otherwise. der which such errors occurred. With respect to milk received for deliv­ (b) Any unpaid obligation of a han­ The proper name of this product shajj ery to a pool plant by a cooperative as­ dler pursuant to § 1104.82, § 1104.85, be Anthrax Vaccine, Adsorbed, whic

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 PROPOSED RULE MAKING 1 8 5 8 7

shall consist of an aqueous preparation (b) Vaccination. Serial dilutions, not Anthrax vaccine shall not be issued of a fraction of Bacillus anthracis which greater than threefold, of each vaccine by the manufacturer until notification contains the protective antigen adsorbed shall be made in 0.85 percent sodium of official release of the lot is received on aluminum hydroxide. chloride solution. The middilution of the from the Director, Division of Biologies § 73.421 U.S. Reference preparation. vaccine under test shall contain that Standards. amount of vaccine which will afford pro­ (d) Equivalent methods. Modification The U.S. Reference Anthrax Vaccine tection to approximately 50 percent of distributed by the Division of Biologies of ariy particular manufacturing method the guinea pigs in the group vaccinated or process or the conditions under which Standards shall be used for determining with that dilution. Each guinea pig in the the potency of anthrax vaccine. it is conducted as set forth in the addi­ test and reference vaccine groups shall tional standards relating to anthrax vac­ §73.422 Production. be injected subcutaneously with 0.5 ml. cine, shall be permitted whenever the of the appropriate dilution on the left (a) Strain of bacteria. A nonencap- manufacturer presents evidence that side of the abdomen and about 2 cm. demonstrates the modification will pro­ sulated, nonproteolytic, avirulent strain from the midline. The interval between of Bacillus anthracis shall be used in the vide assurances of the safety, purity, and vaccination and challenge shall be 14 potency of the vaccine that are equal to manufacture of anthrax vaccine. days. (b) Medium. A chemically defined or greater than the assurances provided’' (c) The challenge. Each vaccinated by such standards, and the Director, Na­ medium shall be used for the propagation and control guinea pig shall be injected of Bacillus anthracis which has protec­ tional Institutes of .Health, so finds and intracutaneously on the right side of the makes such findings a matter of official tive-antigen promoting properties that abdomen with 0.1 ml. of a spore suspen­ record. are no less effective than the protective- sion of the virulent Vollum strain of antigen promoting properties of the Bacillus anthracis diluted in sterile dis­ (Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. Puziss and Wright 1095 medium as set 216. Sec. 351,- 58 Stat. 702, as amended; 42 tilled water to contain 10,000 spores per U.S.C. 262) forth in U.S. Patent No. 3,208,909, issued milliliter. September 28,1965, which patent is here­ (d) Recording the results. The guinea Dated: November 6,1968. by incorporated by reference and deemed pigs shall be observed daily for 10 days R obert Q. M arston, published herein. U.S. Patent No. 3,208,- and the deaths recorded. The number of 909 has been assigned to the Federal Gov­ Director, survivors shall be recorded at the end National Institutes of Healths ernment and copies will be provided to of the observation period. persons affected by the provisions of this (e) Validity of the test. The test shall Approved: December 9,1968. part upon request to the Director, Divi­ be valid provided (1) the protective re­ W ilbur J. Cohen, sion of Biologies Standards, or to the sponse to each vaccine is graded in rela­ Secretary. U.S. Public Health Service Information tion to the amount of vaccine in the Center, Washington, D.C., or any Re­ [F.R. Doc. 68-14965; Filed, Dec. 13, 1968; respective dilutions and (2) all control 8:49 a.m.] gional Office Information Center as listed animals die within 10 days. in 45 CFR, Part 5. Copies also may be (f) potency requirement. The potency obtained upon request from the U.S. of the product is satisfactory if the vac­ Social Security Administration Patent Office, Washington, D.C. The cine is no less potent than the reference. I 20 CFR Part 405 ] medium shall not contain ingredients The potency of the product is considered known to be capable of producing aller­ to be equal to the reference when (1) HEALTH INSURANCE FOR THE AGED genic effects in human subjects. the average time of death of the product- (c) Propagation of bacteria. The vaccinated guinea pigs is no less than Notice of Proposed Rule Making medium shall be inoculated with a 24- the average time of death of the refer­ Correction hour old vegetative culture seeded from ence-vaccinated guinea pigs and the a stock suspension of spores. The propa­ number of survivors of the product-vac­ In F.R. Doc. 68-14233, appearing at gation culture, flushed with nitrogen, cinated guinea pigs is no less than the page 17691 of the issue for Wednesday, shall be incubated at 37° C. ± 1.0° C., number of survivors of the reference- November 27, 1968, the following cor­ agitated for approximately 27 hours, vaccinated-guinea pigs, or (2) the use of rection should be made: cooled to about 20° C., the pH adjusted to another statistical procedure, shown to The 12th line of 1 405.1701(a)(1) is 8-0 ± o.l and then filtered through a be adequate for evaluating the potency corrected to read “participating rehabili­ sterilizing filter (s) using nitrogen gas of anthrax vaccine, demonstrates that tation agencies and clinics and”. under pressure. the product is no less potent than the (d) Adsorption of the protective anti­ reference. gen. The sterile filtrate shall be adsorbed [ 45 CFR Parts 300, 301, 307, 350 1 on sterile aluminum hydroxide gel and § 73.424 General requirements. FEDERAL CREDIT UNION OPERATIONS the recovered precipitate shall be resus­ (a) Dose. These standards are based pended and diluted in sterile 0.85 percent on a single human dose of 0.5 ml. and a Notice of Proposed Rule Making sodium chloride solution. total primary immunizing dose of three Notice is hereby given that the Direc­ 8 73.423 Potency test. single doses, each giving at appropriate tor of the Bureau of Federal Credit intervals. The potency of each lot of vaccine Unions, Social Security Administration, (b) Product characteristics. Recom­ Department of Health, Education, and shall be estimated from the results of mendation shall be made through appro­ simultaneous tests of the vaccine under Welfare, is considering proposed amend­ priate labeling that the product after ments to Parts 300, 301, and 307, and test and the U.S. Reference Anthrax issue should not be frozen. Vaccine. The test shall be performed as deletion of Part 350 of the Rules and follows: (c) Samples; protocols; official release. Regulations for Federal credit unions. For each.lot of vaccine, the following , (^ Guinea pigs. Healthy guinea pigs Thé proposed amendments are-of two material shall be submitted tp the Direc­ types. One type consists of miscellaneous of tv, used> a11 from a single strain and tor, Division of Biologies Standards, Na­ amendments intended to clarify the 01 the same sex, or an equal number of tional Institutes of Health, Bethesda, each sex in each group, with individual powers and improve the operating flexi­ Md. 20014: bility of Federal credit unions. The other weights between 325 and 350 grams. The (1) A protocol which consists of a diet of the guinea pigs shall be supple­ type consists of amendments designed to summary of the manufacture of each lot implement the provisions of Public Law mented with vitamin C throughout the including all results of all tests for which 90-375 (82 Stat. 284-286). test period. At least three groups of no test results are requested by the Direc­ The publication of the proposed new less than eight guinea pigs shall be used tor, Division of Biologies Standards. section 301.29 is specifically authorized or each vaccine and at least one group (2) A sample of no less than 40 ml. of by section 1 of Public Law 90-375. All the final product distributed in approxi­ other amendments are proposed under of four guinea pigs shall be used for the mately equal amounts into four final challenge control. the general rulemaking powers of the containers. Director contained in section 21 of the

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 1 8 5 8 8 PROPOSED RULE MAKING

Federal Credit Union Act (73 Stat. 635, A proposed amendment would add a thorized to act in its behalf, and that such 12 U.S.C. 1766). new § 301.29 to implement the authority borrowing does not exceed the maxi­ The most significant of the miscella­ in the law for Federal credit unions to mum borrowing power of the borrowing neous amendments proposed is the new purchase the notes made by individual credit union. § 301.30, which grants authority and es­ members of a liquidating credit union. 2. Section 301.10 is revised as follows: tablishes standards for the maintenance This proposal includes qualifications § 301.10 Establishment of a cash fund. of safety deposit boxes by Federal credit which were discussed by the Director in unions. Another miscellaneous amend­ Congressional testimony. The board of directors of a Federal ment would eliminate the existing re­ A final amendment would amend credit union may'authorize the estab­ striction in § 301.9 of a 6 percent interest § 307.3 to make conforming changes in lishment of or changes in a cash fund for rate on loans made by Federal credit the requirements for information to be making change, cashing checks, or other unions to other credit unions. A third submitted by a credit union seeking to purposes. Before such authorization is proposed amendment would eliminate convert to a Federal charter. given, the directors will consider whether the requirement in the same section that Comments on the proposed amend­ a need for the fund exists and will insure the borrowing credit union furnish the ments will be welcome, and should be that adequate safeguards and accounta­ lending credit union a copy of the latest submitted in writing to the Director, Bu­ bility will exist to protect the fund. audit report made by the supervisory reau of Federal Credit Unions, Social 3. Section 301.12 is revised to read as committee. A fourth proposed amend­ Security Administration, Department of follows: ment, in § 301.12, would eliminate the Health, Education, and Welfare, Wash­ § 301.12 Supervisory committee audits. requirement that a copy of the report ington, D.C. 20201, within 30 days after of each comprehensive annual audit be the date of publication in the Federal (a) The supervisory committee of each filed with the Regional Representative R egister. Federal credit union shall make or cause to be made, as a minimum, two audits no later than 15 days after completion of Dated: September 5th, 1968. the audit. A fifth proposed amendment each calendar year. These audits shall be would add vocational education in J. D eane G annon, made as of the dates and in accordance § 301.21(d) (3) as a loan purpose for Director, with the standards outlined in the “Su­ which the board of directors may set Bureau of Federal Credit Unions. pervisory Committee Manual for Federal Credit Unions” (FCU-545). One audit varying repayment schedules notwith­ Approved: September 25,1968. standing § 301.21 (d) (1). A sixth and sev­ shall be a comprehensive annual audit, enth proposed amendments would make R obert M. B all, covering the period elapsed since the last changes in §§ 301.10 and 301.20 to con­ Commissioner of comprehensive annual audit. A report of form with the recently-released Standard Social Security. this audit on Form FCU-701 shall be, promptly made to the board of directors Bylaws for Federal Credit Unions. An Approved: December 2,1968. eighth proposed amendment would add of the Federal credit union, and, upon a definition of ‘‘credit union” to § 300.1. W ilbur J. Cohen, request, to the Regional Representative. This definition will have particular ap­ Secretary of Health, Education, A summary of the report shall be made plicability to §§ 301.9 and 301.29, by de­ and Welfare. available to the members at the next an­ nual meeting. A report of the second audit fining the type of credit union which may Part 300 of Chapter n i of Title 45 is be the subject of lending or the purchase shall be promptly made to the board of amended as follows: directors on Form FCU-702, and, upon of notes by a Federal credit union. Fin­ 1. Section 300.1 is amended by adding ally, Part 350 would b§ deleted, a tech­ request, to the Regional Representative. after paragraph (f) the following new (b) The sûpervisory committee is re­ nical change to conform with the repeal paragraph: of the District of Columbia Credit Unions sponsible for the preparation and main­ Act. § 300.1 Definitions. tenance of work papers used in the * * * t * audits. These work papers shall be made Among the specific amendments in­ available by the committee for review by tended to implement Public Law 90-375 (g) The term, “credit union,” meansthe Federal Credit Union Examiner dur­ is a proposed revision.of § 301.12, setting a credit union chartered under the Fed­ ing his supervisory examination. forth guidelines for the conduct of semi­ eral Credit Union Act or, as the context (c) The supervisory committee shall annual audits. Under this proposed permits, under the laws of any State. conduct supplementary audits upon re­ amendment, supervisory committees, Part 301 of Chapter III of Title 45 is quest of the Director. The committee also rather than automatically furnishing amended as follows: may conduct additional audits on its own copies of reports of annual audits to the 1. Section 301.9 is revised as follows: Regional Representative, would be re­ initiative. § 301.9 Loans by Federal credit unions 4. Paragraph (e) of § 301.20 is revised sponsible for maintaining the work as follows : papers used in the audits for review by to other credit unions. the Federal Credit Union Examiner. (a) Upon authorization of its board of § 301.20 Surety bond coverage for Fed­ Copies of the audit reports would be directors, or a duly authorized and ap­ eral credit unions. furnished the Regional Representative pointed executive committee, a Federal * * * * only upon his request. credit union may invest its funds in (e) The schedule of coverage set forth Another proposed amendment would loans to other credit unions in the total in paragraph (f ) of this section shall not make a technical change in § 301.21(d) amount not exceeding 25 percent of its be deemed to cover cash funds of $1,000 (3), dealing with student loans, by re­ paid-in and unimpaired capital and sur­ or more. When the cash fund is $1,000 or moving the 5-year maturity limit in plus. The terms of the loans shall not more, additional coverage—to the full conformance with the new law. A third exceed 1 year. amount of the fund—will be required. (b) Prior to making such loans, the amendment would define, in a proposed * * * * . * new § 301.21(f), a secured loan, in order Federal credit union shall require the to permit implementation of the pro­ borrowing credit union to furnish the 5. In § 301.21, subparagraph (d>(3) is vision of the new law extending the ma­ following: amended and paragraphs (f ) and (g) are turity limit from 5 to 10 years for certain (1) A current financial and statistical added as follows: types of secured loans. Another amend­ report; § 301.21 Payment or amortization of ment in the same section would add a (2) A certified copy of the resolution of the board of directors or the executive loans. proposed new § 301.21(g) which would * * * * take into account the legislative history committee authorizing such borrowing; of the extended maturity amendment by and (d) * * * - setting forth examples of extraordinary (3) A certificate from the secretary of (3) Notwithstanding the provisions oi loan purposes which would justify ma­ the credit union that the persons negoti­ subparagraph (1) of this paragraph, and turities in excess of 5 years but ndt ex­ ating the loan and executing the note are to the extent that the board of directors ceeding 10 years. officers of the credit union and are au­ by resolution approves, loans for the pur-

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 PROPOSED RULE MAKING 1 8 5 8 9

pose of higher education and vocational individuals whose notes are purchased unless they are accompanied by a vault education of the member-borrower may shall have, a reasonably close geographi­ attendant employee of the landlord be made within maturities permitted by cal, residential, or employment, or other (credit union) who will participate in the Act and on such terms of pay ment or reasonably close, relationship with the opening the safe deposit box by utiliza­ amortization as the credit committee, or purchasing Federal credit union. tion of the key retained by the landlord a duly authorized and-appointed loan (4) The notes of liquidating credit (credit union). officer, finds consonant with the needs of unions purchased shall not exceed the (6) The Federal credit union, to the the member-borrower and the best in­ limitations of the Federal Credit Union extent necessary in addition to its regu­ terests of the credit union. Act with respect to security and maturity lar surety bond coverage required by * * * * . * requirements for Federal credit unions. § 301.20, will carry insurance which will: (f) A secured loan is one secured by (5) The purchase and collection of (i) Fully protect the credit union against collateral or the endorsement of a per­ notes of liquidating credit unions shall any and all legal liabilities pertaining to son on behalf of the borrower which will be accounted for in the manner pre­ the rental of safe deposit boxes and in serve as a source of recovery in the event scribed by the “Accounting Manual for an amount at least equal to the total of default by the borrower. The files of Federal Credit Unions.” maximum amount of damages which each Federal credit union shall contain (c) The purchase of notes of individ­might be incurred under all the safe de­ evidence of the value of the security ual members of a liquidating credit posit box leases currently in effect, and pledged—if collateral—or evidence of the union may be by individual or by block (ii) fully protect the tenant from loss not financial responsibility of the endorser selection and may be in participation covered by legal liability of the landlord for each secured loan. with other credit unions in the purchase (credit union) in an amount at least (g) Secured loans made for periods in of an undivided interest subject, how­ equal to the maximum legal liability of excess of 5 years but not exceeding 10 ever, to a limitation of 5 percent of the the landlord (credit union) as specified years shall not be made for normal con­ unimpaired capital and surplus of the in the lease. sumer-type purchases and expenditures. purchasing Federal credit union and the 7. Paragraph (a) of § 307.3 is amended Examples of extraordinary purposes for conditions and limitations of this section. as follows: which loans with maturities in excess of § 301.30 Safe deposit box service. § 307.3 Information required with pre­ 5 years but not exceeding 10 years may liminary application. be granted include home improvements, (a) A Federal credit union may lease the purchase of mobile and seasonal safe deposit boxes to its members and (a) * * * (2) a list of all outstanding homes, vocational and highei; education, may charge a fee which does not exceed unsecured loans with unpaid balances in and other similar large-cost undertak­ the direct and indirect costs incident excess of the ceilings provided by section ings. In general, the terms, maturities, to providing this service. 15 of the Act; (3) a list of all outstand­ and conditions of secured loans made by (b) The safe deposit boxes will be ing loans with maturities in excess of 5 a Federal credit union for longer than 5 located in a vault on the premises where years (for unsecured loans) and 10 years years shall be in accord with the prevail­ the credit union maintains an office for (for secured loans); * * * ing lending practices (with respect to the the transaction of business with its mem­ * * * * * bers. Such vault will be used exclusively purposes of the loans) in the area being 8. Part 350—Credit Unions Chartered served by the credit union. for the safe deposit box rental service. Space will be provided whereby the by the District of Columbia, and all ref­ 6. At the end of § 301.28, two new sec­ erences thereto, are hereby deleted from tions are added as follows: tenants dr deputies, if any, can have ac­ cess to the contents of their specific safe the Code of Federal Regulations. § 301.29 Purchase o f notes of a liqui­ deposit boxes in private. The vault and [F.R. Doc. 68-14964; Filed, Dec. 13, 1968; dating credit union. safe deposit boxes shall meet the mini­ 8:49 a.m.] (a) The board of directors of a Fed­ mum construction standards specified by eral credit union may authorize the ptir- the insurance company writing the chase of notes made by individual mem­ liability insurance mentioned in sub- bers of a liquidating credit union at such paragraph (c) (6) of this section. CIVIL AERONAUTICS BOARD prices as may be agreed upon by the (c) Adequate records and safeguards board of directors of the purchasing Fed­ will be maintained for the proper protec­ [ 14 CFR Part 298 3 eral credit union and by the board of tion.of both the Federal credit union and [Docket No. 20475; EDR-152A] the members utilizing the service. Among directors of the liquidating credit union CLASSIFICATION AND EXEMPTION or its delegatee, subject to a limitation such records and safeguards will be: of 5 percent of the unimpaired capital (1) The lease of a safe deposit box OF AIR TAXI OPERATORS shall be in writing and among other pro­ and surplus of the purchasing Federal Interairport Air Taxi Service in Wash- credit union. visions'shall provide for the signatures ington/Baltimore Area; Supple­ Ob) The purchases shall be subject to of the tenants and their deputies, if any, the following conditions. who are to have access to the safe deposit mental Notice box. (1) In order to assure proper continu­ D ecember 10,1968. ance of services to its members, the board (2) The lease shall also specify the The Board by circulation of notice of of directors shall determine that the maximum amount of damages of the proposed rule making EDR-I52, dated funds to be used by the purchasing Fed­ tenant for which the landlord (credit union) might be legally liable. November 18, 1968, and publication at eral credit union are surplus to the antic­ 33 F.R. 17317, gave notice that it had ipated needs of its members for loans (3) A written record will be main­ under consideration amendment to Part and share withdrawals. tained which will show the time and date 298 to permit interairport air taxi service (2) The combined balances of the reg­ of entry and the signature of the au­ in the Washington-Baltimore area be­ ular reserve and the special reserve for thorized person (tenant or deputy) each tween points between which a certifi­ delinquent loans (if any) of the purchas­ time access is made to a safe deposit box. cated helicopter carrier provides regular ing Federal credit union shall be in an (4) Two different types of keys will be service. Interested persons were invited amount at least equal to the regular §md used to open each safe deposit box. One special reserves required by § 302.3 of this type of key will be retained by the land­ to participate in the proceeding by sub­ chapter. lord (credit union) and the other type mission of twelve (12) copies of written (3) In order to assure efficient and eco­ by the tenant or his deputy, if any. data, views, or arguments pertaining nomical servicing of the notes purchased - (5) Tenants or deputies will not be thereto to the Docket Section of the (including payment and collection), the permitted to enter the safe deposit vault Board on or before December 11, 1968.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 1 8 5 9 0 PROPOSED RULE MAKING Counsel for Washington Airways, Inc., state that an extension of time to De­ INTERSTATE COMMERCE cember 20, 1968, is needed to prepare their proposed comments due to the in­ COMMISSION terruption in business operations occa­ [4 9 CFR Part 1056] sioned by the Thanksgiving holiday pe­ riod, which prevented consideration of MOTOR CARRIERS OF HOUSEHOLD the proposed rule by the corporation GOODS board of directors until December 6,1968. The undersigned finds that good cause Notice of Issuance of Examiner’s has been shown for extension of time to Recommended Report and Order; Friday, December 20, 1968. Accordingly, Stay of Effective Date pursuant to authority delegated in § 385.20(d) of the Board’s Organization D ecember 11, 1968. Regulations, the undersigned hereby ex­ In the Matter of Amendment of tends the time for submitting comments § 276.41 General Rules and Regulations to December 20, 1968. of Motor Carriers of Household Goods. All relevant communications received On October 8, 1968, the recommended on or before December 20, 1968, will be report and order of the Examiner in this considered by the Board before taking rulemaking proceeding was served. No­ action on the proposed rules. Copies of tice of the issuance of the Examiner’s these communications will be available recommended report and order was also for examination in the Docket Section, published on page 15030 of the October 8, Room 712 Universal Building, 1825 1968, issue of the F ederal R egister. Connecticut Avenue NW., Washington, Exceptions having been timely filed to D.C., upon receipt thereof. the Examiner’s recommended report and (Sec. 204(a) of the Federal Aviation Act of order, the effective date is stayed until 1958, as amended, 72 Stat. 743; 49 U.S.C. further notice.. Replies to exceptions are 1324.) due December 26,1968. .By the Civil Aeronautics Board. [ seal] H. Neil G arson, [ seal] A rthur H. Sim m s, Secretary. Associate General Counsel, [F.R. Doc. 68-14945; Filed, Dec. 13, 1968; Rules and Rates Division. 8:47 a.m.] [F.R. Doc. 68-14937; Filed, Dec. 13, 1968; 8:46 a.m.] 1 Renumbered as § 1056.4.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 185 9 1 N otices

ing of the Antidumping Act, 1921, as This tentative determination and the DEPARTMENT OF THE TREASURY amended (19 U.S.C. 160 et seq.), (referred statement of reasons therefor are pub­ to in this notice as “the Act” ) . This in­ Internal Revenue Service lished pursuant to § 53.33 of the Customs formation was the subject of an “Anti­ Regulations (19 CFR 53.33). [Order No. 42 (Rev. 1) ] dumping Proceeding Notice” which was [ seal] J oseph B owman, published in the F ederal R egister of M. FIXING PERIOD OF LIMITATIONS ON December 23, 1967, on page 20783. Assistant Secretary of the Treasury. ASSESSMENT OR COLLECTION I hereby make a tentative determina­ D ecember 5, 1968. Delegation of Authority To Execute tion that color television picture tubes [F.R. Doc. 68-14943; Filed, Dec. 13, 1968; manufactured by N. V. Philips Gloeilam- 8:47 a.m.] Consents penfabrieken, Inkoopcentrale, Eind­ Authority to execute consents fixing hoven, Netherlands, are not being, nor the period of limitations on assessment or likely to be, sold at less than fair value collection under provisions of the 1939 within the meaning of section 201(a) of DEPARTMENT OF THE INTERIOR and 1954 Internal Revenue Codes. the Act (19 U.S.C. 160(a)). 1. Pursuant to authority vested in the Statement &f reasons on which this Bureau of Indian Affairs Commissioner of Internal. Revenue by tentative determination is based. In­ Treasury Department Order No. 120, formation gathered during the course of ALASKA dated July 31, 1950; Order No. 150-2, the investigation indicated that no rela­ Notice of Application for Withdrawal dated May 15,' 1952; 26 CPR 301.6501 tionship within the meaning of section (0-1; 26 CPR 301.6502-1; and 26 CFR 207 of the Antidumping Act (19 U.S.C. of Unreserved Lands 301.7701-9; I hereby delegate authority 166) existed between the exporter and Pursuant to the regulations in 43 CFR to sign all consents fixing the period of the United States purchaser of the mer­ Subpart 2311,1 hereby make application limitations on assessment or collection chandise. Sales in the home market were for withdrawal of all unreserved public to the following officials: insufficient to afford a proper basis of lands in Alaska. a. Director, Alcohol and Tobacco Tax comparison. Comparison was therefore The information required by 43 CFR Division. made between purchase price and 2311.1-1 is as follows: b. Assistant Regional Commissioners weighted-average third country price of %i Applicant—Bureau of Indian Af­ (Appellate). the merchandise. Purchase price was fairs, Washington, D.C. 20240. c. Assistant Regional Commissioners calculated by deducting ocean freight, 2. Legal description—All unreserved (Alcohol and Tobacco Tax). insurance and inland charges incurred public lands in Alaska. (See paragraph d. Service Center Directors. in the country of exportation from the 8 regarding lands embraced in leases, e. District Directors. c.i.f. price to the United States. licenses, permits or contracts issued pur­ f. Director of International Opera­ Weighted-average third country price suant to the Mineral Leasing Act or the tions. was based on the delivered prices to Alaska Coal Leasing Act.) 2. This authority may be redelegated '-purchasers in third countries. From these 3. Sections 1-3, Act of February 28, but not below the following level for each prices were deducted freight and insur­ 1958 (72 Stat. 27), are not applicable. activity: ance from the manufacturer to the pur­ 4. Acreage—The gross acreage ap­ a. Data Processing—Chief, Master File chaser in the third countries. Adjustment proximates 350,000,000 acres and the net Accounts Section. to this price was made for differences in public acreage approximates 262,000,000 b. Collection—Revenue Officer. packing cost on sales to these countries acres. c. Audit—Group Supervisor. as compared to the cost of packing on 5. Purpose—Protection of native Aleut, d. Intelligence—C h i e f, Intelligence shipments to the United States. Eskimo, and Indian rights and interests Division. Comparison of the purchase price and in public lands of Alaska. e. Appellate—-Appellate Conferee. the weighted-average third country price f. Alcohol and Tobacco Tax—Branch 6. Contamination—No contamination as calculated above revealed that prior will result from the withdrawal. Chief, National and Regional Offices. to June 1, 1968, purchase price was less 3. This order supersedes Delegation 7. Period of withdrawal—The with­ than the weighted-average third coun­ drawal, if approved, would expire at Order No. 42, which was effective Janu­ try price. Subsequent to that time, ad­ ary 1, 1957. 12:00 p.m., A.S.T., December 31,1970, un­ justments have been made both in prices less sooner terminated by the Secretary Date of issuance: December 9, 1968. to the United States and to third coun­ of the Interior or act of the Congréss. tries which eliminated the margin which Effective date: January 6, 1969. previously existed. The manufacturer 8. Operation of the Public Land Laws and Regulations—The withdrawal; pur­ [seal] W illiam D. Smith, has provided assurances that no future suant to the provisions of the Act of Acting Commissioner. sales will be made to the United States which are at less than fair value within June 25, 1910 (36 Stat. 847, as amended, [F.R. Doc. 68-14044; Piled, Dec. 13, 1968; 43 U.S.C. 141-142), and subject to valid 8:47 a.m.] the meaning of the Antidumping Act (19 U.S.C. 160 et seq.). ' existing rights, would withdraw all un­ reserved public lands from selection, set­ In accordance with § 53.33(b), Cus­ tlement, location, sale and entry under Office of the Secretary toms Regulations (19 CFR 53.33(b)) in­ terested parties may present written the public land laws, including the COLOR TELEVISION PICTURE TUBES views or arguments, or request in writing, Alaska Statehood Act (72 Stat. 339), ex­ cept that lands which on the date of Notice of Tentative Negative that the Secretary of the Treasury afford an opportunity to present oral views. publication of this application in the Determination F ederal R egister are embraced in leases, Any such written views, arguments, or licenses, permits or contracts issued pur­ Information was received on Septem- requests should be addressed to the Com­ re£ 26, 1967, that color television picture suant to the Mineral Leasing Act of 1920 missioner of Customs, 2100 K Street (41 Stat. 437, as amended, 30 U.S.C. 181 jubes manufactured by N. V. Philips NW., Washington, D.C. 20226, in time to Woeilampenfabrieken, Inkoopcentrale, et seq.) or the Alaska Coal Leasing Act be received by his office not later than 30 of 1914 (38 Stat. 741, as amended, 48 Eindhoven, Netherlands, were being sold days from the date of publication of this U.S.C. 432) would not become subject to at less than fair value within the 'mean- notice in the F ederal R egister: this withdrawal so far as the State’s

No. 243- FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 1859 2 NOTICES selection rights are concerned until Jan­ National Park Service uary 4, 1969. From January 1, 1971, the CIVIL AERONAUTICS BOARD State of Alaska would have a 120-day GEORGE WASHINGTON MEMORIAL [Docket 20012 etc.] preferred right of selection as provided PARKWAY ALLEGHENY AIRLINES, INC, ET AL. by section 6(g) of the Alaska Statehood Notice of Intention To Iss^ie Act. Applications for Amendment of 9. Water—The applicant does not in­ Concession Permit Certificates tend to acquire rights to the use of water. Pursuant to the provisions of sec­ 10. Justification—Permitting public tion 5 of the Act of October 9, 1965 (79 Adopted by the Civil Aeronautics Board lands in Alaska to remain open to appro­ Stat. 969; 16 U.S.C. 20), public notice at its office ih Washington, D.C. on the priation or selection under the general is hereby given that thirty (30) days 10th day of December 1968. land laws will complicate the already after the date of publication of this no­ Application of Allegheny Airlines, Inc., complex problem of the rights of Alaska tice, the Department of Interior, through Docket 20012, for amendment of its cer­ natives and the resolution of native the Superintendent, George Washington tificate of public convenience and neces­ claims. There is a basic conflict between Memorial Parkway, proposes to issue sity; applications of American Airlines, State selections and native claims. Other a concession permit to Julius W. Fletcher, Inc., Docket 20042, Delta Air Lines, Inc., forms of appropriation may likewise in­ an individual doing business under the Docket 20297, United Air Lines, Inc., terfere with native and State’s rights. name of Fletcher’s Boathouse, authoriz­ Docket 20126, under section 401 of the Preservation of the status quo for 2 years ing him to provide accommodations, fa­ Federal Aviation Act of 1958, for amend­ should allow sufficient time for Congres­ cilities, and services for the public at ment of certificate(s) of public conven­ sional action or other resolution of these 4940 Canal Road NW., which lies between ience and necessity. problems. the Chesapeake & Ohio Canal and the By Order 68-9-16, September 5, 1968, 11. Authority for withdrawal—Au­ Potomac River near the old Potomac the Board ordered further proceedings thority of the President under Act of Canal outlet, Washington, D.C., for a pursuant to Subpart M of the Rules of period of 5 years from January 1, 1969, Practice with respect to the application June 25, 1910 (36 Stat. 847, as amended, through December 31,1973. of Allegheny Airlines, Inc., for nonstop 43 U.S.C. 141-142), delegated to the S e c­ - The foregoing concessioner has per­ authority in the Dayton-New York and retary of the Interior by Executive Order formed his obligations under an existing Indianapolis-New York markets. No. 10355 of May 23,1952. permit to the satisfaction of the National Answers in support of competitive Unreserved public lands in Alaska are Park Service, and therefore, pursuant to authorizations in one or both markets shown on the plats (maps) of the land the Act cited above, is entitled to be given were filed by the Port of New York preference in the issuance of a new per­ offices. It is not practicable to show the Authority, the Dayton Parties1 and the mit. However, under the Act cited above, Evansville Parties.2 American Airlines, lands in detail on smaller scale maps. the Secretary is also required to consider Inc., Delta Air Lines, Inc., and United Pursuant to 43 CFR 2311.1-2 and 43 CFR and evaluate all proposals received as a Air Lines, Inc., each filed an answer sup­ 2311.1-3, the noting of this application result of this notice. Any proposal to be porting an award of competitive author­ on the records of the land office and the considered and evaluated must be sub­ ity to itself. Trans World Airlines, Inc., mitted within thirty (30) days after the publication thereof in the F ederal R eg­ filed an answer in opposition to any date of publication of this notice. award of competitive authority. United, ister will operate to segregate the lands Interested parties should contact the American, and TWA, the incumbent from appropriation as set forth in para­ Superintendent, George Washington monopoly carrier, continue to oppose use graph numbered 8. Memorial Parkway, 1400 Wilson Boule­ of Subpart M procedures. United argues R obert L. B ennett, vard, Suite 102, Arlington, Va. 22209, for that service issues in the New York- Commissioner of Indian Affairs. information as to the requirements of the Dayton market should be heard as part proposed permit. of Dayton-to-the-east-and-west service Approved: December 11,1968. Dated: November 25, 1968. issues. S tewart L. Udall, TWA contends that there is no need Secretary of the Interior. F loyd B. T aylor, for a second carrier because existing Superintendent, George Wash­ services are adequate, additional fre­ [F.R. Doc. 68-14988; Filed, Dec. 13, 1968; ington Memorial Parkway. 8:49 a.m.] quencies will be added in the spring or [F.R. Doc. 68-14940; Filed, Dec. 13, 1968; summer of 1969, and an award to a sec­ 8:46 a.m.] ond carrier would be inconsistent with Bureau of Land Management efforts to reduce congestion. [New Mexico 4833] Office of the Secretary Allegheny filed a consolidated reply to the carriers’ answers. TWA filed a reply NEW MEXICO ELMER S. HALL to the answer of the Port of New York Notice of Classification, Correction Statement of Changes in Financial Authority. Interests American and Delta filed motions to D ecember 9, 1968. consolidate applications for nonstop au­ The Notice of Classification published In accordance with the requirements thority in the same markets sought by in the F ederal R egister of November 30, of section 710(b) (6) of the Defense Pro­ Allegheny.3 United filed a motion to con­ duction Act of 1950, as amended, and 1968 (33 F.R. 17856), as Document No. solidate its application4 for Dayton-New Executive Order 10647 of November 28, York nonstop authority. Answers to these 68-14364 is corrected as follows: 1955, the following changes have taken motions were filed by the Indianapolis 1. Line 7 of the first paragraph, change place in my financial interests during McKinley County to Hidalgo and the past 6 months: 1 City of Dayton, Ohio, and Dayton Area Valencia Counties. Chamber of Commerce. (1) No change. 2 The Evansville-Vanderburgh. Airport Au­ 2. Land description for T. 14 N., R. 8 (2) No change. thority District and the Evansville Chamber W., is corrected as follows: (3) No change. of Commerce filed a motion for leave to fi e (4) No change. T. 14 N„ R. 8 W., an untimely answer. They note that the time Sec. 4, lots 1, 2, 4, &i/2NE%, Ei/2SW%, and This statement is made as of Decem­ for filing answers started and ended b etwee ,SEi4; ber 5, 1968. the dates for meetings of the Chamber an Sec. 22, NE%. that any Chamber statement requires formal Dated : December 5,1968. action by its Board of Directors. We have R. B uffington, decided to grant the motion. Acting State Director. E lmer S. H all. a American, Docket 20042; Delta, Dockev [F.R. Doc. 68-14921; Filed, Dec. 13, 1968; [F.R. Doc. 68-14924; Filed, Dec. 13, 1968; 20297. 8:45 a.m.] 8:45 am.] * Docket 20126.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 NOTICES 185 9 3

Parties,® the Dayton Parties, Allegheny, partment of Commerce, as to the per funds and/or rate reductions, and that Delta, and TWA, but no party opposes capita incomes of States and of the Natural will not file for a general rate the requested consolidations. Allegheny United States, are the years 1965, 1966, change prior to May 30, 1969. filed a reply to the answer of the Indian­ and 1967, Comments or objections relating to the apolis Parties. The following Federal percentages for proposed Stipulation and Agreement may Upon consideration of the foregoing the several States, the District of Colum­ be filed with the Federal Power Com­ pleadings and all the relevant facts and bia, American Samoa, Guam, Puerto mission, Washington, D.C. 20426, on or circumstances, we find that a sufficient Rico, and the Virgin Islands, as deter­ before December 27, 1968. basis exists for setting Allegheny’s appli­ mined pursuant to said Act and on the cation for hearing pursuant to the pro­ basis of said income data, are hereby G ordon M. G rant, cedures of Subpart M. We will also grant promulgated for 2 fiscal years in the Secretary. the motions to consolidate of American, period beginning July 1, 1969: [F.R. Doc. 68-14939; Filed, Dec. 13, 1968; Delta, and United. 8:46 a.m.] Accordingly, it is ordered: Alabama ___ 65. 47 New Mexico_ 60.20 A lask a_____ 41.56 New York.__ 40. 60 1. That the application of Allegheny Arizona. 56. 81 North Caro- [Docket Nos. RI69-285, etc.] Airlines, Inc., Docket 20012, be and it Arkansas___ 66.46 lin a ______61.96 . hereby is set for hearing before an exam­ California__ 41. 54 North Da- SUNRAY DX OIL CO., ET AL. iner of the Board at a time and place to Colorado ___ 50. 69 kota ______-59. 50 Order Providing for Hearing on and be designated hereafter; Connecticut _ 37. 33 Ohio ______48.58 2. That the motions to consolidate Delaware___ 41. 19 Oklahom a__ 58. 39 Suspension of Proposed Changes in applications of American Airlines, Inc. Florida HI .. . 55.34 O regon____ 50. 76 Rates, and Allowing Rate Changes (Docket 20042), Delta Air Lines, Inc. G eorgia____ 60. 20 Pennsylvania- 49. 78 To Become Effective Subject to Re­ Hawaii 47. 69 Rhode Island- 48.20 (Docket 20297), and United Air Lines, Id a h o ______58.44 South Caro- fund 1 Inc. (Docket 20126) be and they hereby Illinois ____ 40.41 lina ____ 65.59 D ecember 6, 1968. are granted; Indiana .___ _ 48.82 South Da- The Respondents named herein have 3. That the motion for leave to filé an I o w a ______50.15 k o t a __ ___ 59.12 filed proposed changes in rates and I untimely document by the Evansville Kansas 51. 57 Tennessee__ 62. 45 Kentucky__ 62. 22 charges of currently effective rate sched­ Parties be and it hereby is granted; and Texas ______56.96 ules for sales of natural gas under Com­ 4. That the Indianapolis Airport Au­ L ouisiana__ 61. 68 Utah _ ____ 57. 99 Maine 58. 06 Vermont ___ 55. 88 mission jurisdiction, as set forth in Ap­ thority and the Indianapolis Chamber of M aryland__ 45. 60 Virginia _ 55.93 pendix A hereof. I Commerce be and they hereby are made Massachu- Washington _ 45.48 The proposed changed rates and i parties to this proceeding. s e t t s ___ _ 44. 37 West Virginia. 63. 28 charges may be unjust, unreasonable, This order will be published in the M ichigan___ 45.35 W isconsin__ 50.12 unduly discriminatory, or preferential, M innesota__ 51.10 W yom ing___ 53, 08 ■ Federal R egister. Mississippi_ or otherwise unlawful. 662/g District of Co- The Commission finds: It is in the By the Civil Aeronautics Board. Missouri 52.44 lu m b ia____ 34. 45 M ontana___ 55.73 American public interest and consistent with the [seal] Harold R. Sanderson, Nebraska___ 51. 26 Samoa ___ 66% Natural Gas Act that the Commission Secretary. Nevada _ _ 41. 57 Guam ___ __ 662/a enter upon hearings regarding the law­ New Hamp- Puerto Rico. _ 662/3 fulness -of the proposed changes, and (PH. Doc. 68-14938; Filed, Dec. 13, 1968; shire 52. 38 Virgin 8:46 a.m.] that the supplements herein be sus­ New Jersey__ 41. 61 Islands___ 662/g pended and their use be deferred as W ilbur J. Cohen, ordered below. Secretary of Health, The Commission orders: Education, and Welfare. (A) Under the Natural Gas Act, par­ DEPARTMENT OF HEALTH, EDU­ ticularly sections 4 and 15, the regula­ D ecember 9,1968. tions pertaining thereto (18 CFR Ch. I ) , CATION, AND WELFARE [F.R. Doc. 68-14965; Filed, Dec. 13, 1968; and the Commission’s rules of practice Office of the Secretary 8:49 a.m. J and procedure, public hearings shall be held concerning the lawfulness of the FEDERAL PERCENTAGES UNDER TITLE proposed changes. IV OF THE MENTAL RETARDATION (B) Pending hearings and decisions FACILITIES AND CO M M U N ITY FEDERAL POWER COMMISSION thereon, the rate supplements herein are MENTAL HEALTH CENTERS CON­ suspended and their use deferred until [Docket Nos. RP68-17, RP67-21] date shown in the “Date Suspended Un­ STRUCTION ACT OF 1963 NATURAL GAS PIPELINE COMPANY til” column, and thereafter until made Promulgation effective as prescribed by the Natural Gas OF AMERICA Act: Prodded, however, That the supple­ Pursuant to section 401 (i) and (j) Notice of Motion of Natural Gas ments to the rate schedules filed by Re­ H ™ .e -CV of the Mental Retardation spondents, as set forth herein, shall be­ ■facilities and Community Mental Health Pipeline Company of America for come effective subject to refund on the Centers Construction Act of 1963 (Pub- Approval of Stipulation and Agree­ date and in the manner herein pre­ hc Law 88-164), ment scribed if within 20 days from the date And having found that the three most D ecember 11, 1968. of the issuance of this order Respondents recent consecutive years for which satis­ Notice is hereby given that Natural shall each execute and file under its factory data are available from the De- Gas Pipeline Company of America above-designated docket number with (Natural), filed on December 5, 1968, a the Secretary of the Commission its Indianapolis Airport Authority and In- motion “For Approval of Stipulation and agreement and undertaking to comply aianapohs Chamber of Commerce. The first Agreement” in the proceedings in Doc­ Peading filed by the Indianapolis Parties ket Nos. RP68-17 and RP67-21. with the refunding and reporting proce­ was an Answer to Motions to Consolidate. The Stipulation and Agreement re­ dure required by the Natural Gas Act Pfler Rule 1306(b), failure to file a timely solves all issues in the aforementioned and § 154.102 of the regulations there­ or» +r AlleSheny’s application would proceedings other than the issue of the under, accompanied by a certificate anni- 6 PrecluUe participation by Indian- elimination or reduction of the minimum in suUsequent phases of the proceed- showing service of copies thereof upon all J- However, as a city whose service is at bill in the Public Law-1 Rate Schedule. purchasers under the rate schedule in- e.... I^ticipation by Indianapolis is re­ Generally, the Stipulation and Agree­ do» ior a oomplete record, and Allegheny ment provides for specified reduced rates 1 Does not consolidate for hearing or dis­ es not oppose its participation. as of December 1, 1968, contingent re­ pose of the several matters herein.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 1 8 5 9 4 NOTICES volved. Unless Respondents are advised plements, nor the rate schedules sought D.C. 20426, in accordance with the rules to the contrary within 15 days after the to be altered, shall be changed until dis­ of practice and procedure (18 CFR 1.8 filing of their respective agreements and position of these proceedings or expira­ and 1.37(f)) on or before January 22, undertakings, such agreements and un­ tion of the suspension period. 1969. dertakings shall be deemed to have been By the Commission. accepted. (D) Notices of intervention or peti­ (C) Until otherwise ordered by thetions to intervene may be filed with the [seal] G ordon M. G rant, Commission, neither the suspended sup­ Federal Power Commission, Washington, Secretary.

A ppendix A

Rate in Rate Sup- Amount Date Effective Date Cents per Mcf effect Docket Respondent sched- pie- Purchaser and producing area of filing date suspended ------subject No. ule ment annual tendered unless until— Rate in Proposed to refund No. No. increase suspended effect increased in dockets rate Nos.

RI69-285-. Sunray D X Oil Co., Post 109 6 El Paso Natural Gas Oo. (Gallegos $1, 582 10-21-68 81- 1-69 8 1- 2-69 8 12.2309 <■8 813.2501 Office Box 2039, Tulsa, Canyon Field, San Juan County, Okla. 74102, Attn: Homer N. Mex.) (San Juan Basin Area). E. McEwen, Jr., Esq. RI69-286-. Atlantic Richfield Co., 249 6 El Paso Natural Gas Co. (Fulcher- 60 11-15-68 2 1- 1-69 8 1- 2-69 7 12. 0509 * « 8 13.2501 Post Office Box 2819, Kutz Field, San Juan County, Dallas, Tex. 75221, Attn: N. Mex.) (San Juan Basin). Richard M. Young, Esq. ____ d o ...... 251 9 ___ do...... 8 11-15-68 2 1- 1-69 81- 2-69 7 12.0509 <8 8 13.2501 RI69-287.. Pan American Petroleum 163 919 El Paso Natural Gas Co. (West 4 11-14-68 212-15-68 8 12-16-68 12.0 8 8 8 12.2309 Corp. (Operator), et al., Kutz Pictured Cliff Field, San Security Life Bldg., Juan County, N. Mex.) (San Juan Denver, Colo. 80202, Attn: Basin Area). Prank H. Houck, Esq.

2 The stated effective date is the effective date requested by Respondent. 1 School Tax and 0.015 percent increase in New Mexico Conservation Tax. 8 The suspension period is limited to 1 day. 7 Includes partial reimbursement for 0.55 percent New Mexico Emergency School' 1 Periodic rate increase. T ax and 0.015 percent increase in New Mexico Conservation Tax. « Pressure base is 16.025 p.s.i.a. 8 Tax reimbursement increase. o Includes partial reimbursement for full 2.55 percent New Mexico Emergency 9 Applicable only to acreage added by Supplement No. 18. Sunray DX Oil Co. (Sunray) and Atlantic reason set forth above with respect to Sun­ MAJESTIC CAPITAL CORP. Richfield Co.’s (Atlantic) proposed rate in­ ray and Atlantic’s rate filings. In view of the creases reflect partial reimbursement for the contractual problem presented, we are sus­ Order Suspending Trading full 2.55 percent New Mexico Emergency pending herein Pan American’s proposed rate School Tax which was increased from 2 per­ increase even though it is not in excess of D ecember 10, 1968. cent to 2.55 percent on April 1, 1963, and the the applicable increased rate ceiling. Since It appearing to the Securities and Ex­ 0.015 percent increase in New Mexico Con­ the proposed rate increase reflects tax reim­ change Commission that the summary servation Tax. The buyer, El Paso Natural bursement only, the suspension period may suspension of trading in the common Gas Co. (El Paso), in accordance with its be shortened to one day from December 15, policy of protesting tax filings proposing re­ 1968, the proposed effective date. stock of Majestic Capital Corp., Encino, imbursement for the New Mexico Emergency Calif, being traded otherwise than on a [P.R. Doc. 68-14916; Piled, Dec. 13, 1968; national securities exchange is required School Tax in excess of 0.55 percent, has filed 8:45 a.m.] a protest to Atlantic’s rate increases and is in the public interest and for the pro­ expected to file a protest to Sunray’s rate tection of investors; filing. El Paso questions the right of the It is ordered, Pursuant to section 15 producer under the tax reimbursement clause (c) (5) of the Securities Exchange Act of to file a rate increase reflecting tax reim­ SECURITIES AND EXCHANGE 1934, that trading in such securities bursement computed on the basis of an in­ crease in tax rate by the New Mexico Legisla­ COMMISSION otherwise than on a national- securities ture in excess of 0.55 percent. While El Paso exchange be summarily suspended, this concedes that the New Mexico tax legislation DUMONT CORP. order to be effective for a period Decem­ effected a higher rate of at least 0.55 percent, it claims there is controversy as to whether Order Suspending Trading ber 11, 1968, through December 20, 1968, or not the new legislation effected an in­ both dates inclusive. creased rate in excess of 0.55 percent. In D ecember 10, 1968. view of the contractual problem presented, It appearing to the Securities and Ex­ By the Commission. we shall provide that the hearings herein change Commission that the summary [seal] O rval L. DuBois, shall concern themselves with the contract­ suspension of trading in the Class A and Secretary. ual basis for the rate filings, as well as the Class B Common Stock of Dumont Corp. statutory lawfulness of Sunray and Atlantic’s [F.R. Doc. 68-14928; Filed, Dec. 13, 1968; proposed increased rates and charges. Since being traded otherwise than on a na­ 8:46 a.m.] the proposed increases exceed the 13 cents tional Securities exchange is required in per Mcf increased rate ceiling for the San the public interest and for the protection Juan Basin Area only by the amount of such of investors tax reimbursement, we conclude that the It is ordered, Pursuant to section 15 suspension periods may be shortened to one DEPARTMENT OF LABOR day from January 1, 1969, the proposed (c) (5) of the Securities Exchange Act of Wage and Hour Division effective date. 1934, that trading in such securities The rate increase filed by Pan American otherwise than on a national securities CERTIFICATES AUTHORIZING THE EM­ Petroleum Corp. (Operator), et al. (Pan exchange be summarily suspended, this PLOYMENT OF FULL-TIME »STU­ American), reflects partial reimbursement for DENTS WORKING OUTSIDE Or the full 2.55 percent New Mexico Emergency order to be effective for the period De­ School Tax. Although the proposed rate does cember 11, 1968, through December 20, SCHOOL HOURS AT SPECIAL MINI­ not exceed the applicable area increased rate 1968, both dates inclusive. MUM WAGES IN RETAIL OR SERV­ ceiling of 13 cents per Mcf for the San Juan ICE ESTABLISHMENTS OR IN AGRI­ Basin Area, it is suspended because the buyer, By the Commission. El Paso, in accordance with its policy of pro­ CULTURE testing all tax filings proposing reimburse­ [seal] Orval L. D uB ois, Secretary. Notice is hereby given that pursuant ment for the New Mexico Emergency School to section 14 of the Fair Labor Standards [F.R. Doc. 68-14927; Piled, Dec. 13, 1968; Tax in excess of 0.55 percent, is expectedTto Act of 1938 (52 Stat. 1060, as amende . file a protest to this rate increase for the 8:46 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 243— -SATURDAY, DECEMBER 14, 1968 NOTICES 185 9 5

20 U.S.C. 201 et seq.), the regulation on (9—1—68 to 8—31—69); No. 519, Appleton, Wis. cated: 97 East Congress Street, Tucson, Ariz.; employment of full-time students (29 R. Guinan & Co., department store; 117 546 Main Street, Grand Junction, Colo.; 6108 CFR, Part 519), and Administrative Or­ '"South Oak Street, Mt. Carmel, Pa.; 9-3-68 14th Street West, Bradenton, Fla.; 64 East der No. 595 <31 F.R. 12981), the estab­ to 9-2-69. Flagler Street, Miami, Fla.; 811 Franklin H. E. B. Food Store, food stores from Street, Tampa, Fla.; 832 Broad Street, Au­ lishments listed in this notice have been 9-3-68 to 9-2-69: Nos. 21 and 23, Corpus issued special certificates authorizing the gusta, Ga.; 15 South Main Street, Fort Scott, Christi, Tex.; No. 22, Robstown, Tex.; No. 54, Kans.; I ll North Main Street, Hutchinson, employment of full-time students work­ Waco, Tex. Kans.; 7 South Jefferson Street, loia, Kans.; ing outside of school hours at hourly Hested Stores Co., variety store; No. 715, 617 North Broadway, Pittsburg, Kans.; 2214 wage rates lower than the minimum Norfolk, Nebr.; 9-3-68 to 9-2-69. Fifth Avenue, Meridian, Miss.; 580 Central wage rates otherwise applicable under Highland Farm, agriculture; Wilson, Ark.; Avenue, East Orange, N.J.; 300 South Main section 6 of the act. The effective and 8- 26-68 to 8-25-69. Street, Salisbury, N.C.; 109-113 North Second Hoffman’s, Inc., apparel store; 200 Union Street, Muskogee, Okla.; 218 West Main expiration dates are as indicated below. Street, Lynn, Mass.; 9-3-68 to 9-2-69. The minimum certificate rates are not Street, Oklahoma City, Okla. (9-18-68 to Thomas Kilpatrick & Co., department 9—IT—69) ; 1031 East Elizabeth Street, less than 85 percent of the applicable stores from 9-3-68 to 9-2-69: 15th and Doug­ Brownsville, Tex.; 124 East Jackson Street, statutory minimum. las Street, Omaha, Nebr.; 42nd and Center Harlingen, Tex.; 101 North Flores Street, San The following certificates provide for Streets, Omaha, Nebr. Antonio, Tex.; 315 East Houston Street, San an allowance not to exceed the propor­ S. S. Kresge Co., variety stores from 9-3-68 Antonio, Tex.; 105 West Center Street, Provo, tion of the total hours worked by full­ 9-2-69 except as otherwise indicated: No. Utah; 29 West Campbell Avenue, Roanoke, time students at rates below $1 an hour 66, Bridgeport, Conn.; No. 4526, Hartford, Va. (9—1—68 to 8—31—69) ; 160 Main Street, to the total number of hours worked by Conn.; No. 4608, Meriden, Conn.; No. 33, New Warrenton, Va. (9-1-68 to 8-31-69). Haven, Conn.; Nos. 291 and 651, New London, Marie Farm, agriculture; Wilson, Ark.; all employees in the establishment dur­ •Conn.; No. 590, Waterbury, Conn.; No. 358, 9-11-68 to 8-10-69. ing the base period in occupations of the Wilmington, Del.; No. 728, Bradenton, Fla.; The Mart, Inc., apparel store; 180 Main • same general classes in which the estab­ No. 742, St. Petersburg, Fla.; No. 94, Bridge- Street, Paterson, N.J.; 9-1-68 to 8-31-69. lishment employed full-time students at view, 111.; No. 4606, Cedar Rapids, Iowa; No. MeCrory-McLellan-Green Stores, variety wages below $1 an hour in the base 127, Leavenworth, Kans.; No. 197, Salina,' stores from 9-3-68 to 9-2-69 except as other­ period. Kans,; No. 697, Wichita, Kans.; No. 56, Louis­ wise indicated: No. 509, Little Rock, Ark.; ville, Ky.; Nos. 385, 457, and 624, Louisville, No. 1119,-Bridgeport, Conn.; No. 649, West- Angeli’s Super Valu, food store; 318 West Ky. (9-1-68 to 8-31-69); No. 112, Paducah, port, Conn. (9-6-68 to 9-5-69); No. 676, Adams Street, Iron River, Mich.; 9-3-68 to Ky. (9-1-68 to 8-31-69); Nos. 20, 285, 348, and Pekin, 111.; No. 569, Fort Dodge, Iowa; No. 9-2-69. 616, Baltimore, Md.; No. 576, Baltimore, Md. 1081, Keokuk, Iowa (9-9-68 to 9-8-69); No. Ann & Hope Factory Outlet, Inc., depart­ (9-18-68 to 9-17-69); No. 209, Dundalk, Md.; 560, Mason City, Iowa; No. 470, Topeka, ment store; Mill Street, Cumberland, RJ.; No. 341, Forrestville, Md.; No. 698, Glen Kans.; No. 315, Baton Rouge, La.; No. 298, 9-18-68 to 9-17-69. Burnie, Md.; No. 695, Hagerstown, Md.; No. Lafayette, La.; No. 229, New Orleans, La. (9— Auerbach’s L. R. Samuels, apparel store; 691, Rockville, Md. (9-7-68 to 9-6-69); No. 3—68 to 8—2—69); No. 1312, New Orleans, La.; 2457 Washington Boulevard, Ogden, Utah; 165, Boston, Mass. (9-16-68 to 9-2-69); Nos. No. 620, Waterville, Maine; No. 631, Boston, 9-3-68 to 9-2-69. 409 and 532, Boston, Mass.; No. 63, Brockton, Mass.; No. 664, Lynn, Mass.; No. 556, Alpena, Big Apple Supermarket, food stores from Mass.; No. 653, Cambridge, Mass. (9-13-68 to Mich.; No. 668, Grand Haven, Mich.; No. 541, 9-3-68 to 9—2-69: Nos. 2 and 3, Reids- 9- 2-69); No. 4581, Fitchburg, Mass. (9-16-68Petoskey, Mich.; No. 506, Ypsilanti, Mich. ville, N.C. to 9-2-69); No. 294, Lynn, Mass.; No. 470, Pea­ (9—11-68 to 9—10—69) ; No. 1032, Asbury Park, Buehler Market, food store; 2315 “N” body, Mass.; No. 255, Quincy, Mass. (9-12-68 N.J. (9-6—68 to 7—29—69); No. 91, Burlington, Street, Omaha, Nebr.; 9-3-68 to 9-2-69. to 9-2-69); No. 683, St. Paul, Minn.; No. 109, N.J. (9-20-68 to 7-30-69); No. 168, Camden, Buy Rite, Inc., food store; 308 South Silver, Lincoln, Nebr.; No. 326, Omaha, Nebr.; No. N.J. (9-3-68 to 7-29-69); No. 308, Clifton, Paola, Kans.; 9-3-68 to 9-2-69. 4615, Bayonne, N.J.; No. 573, Haddonfield, N.J.; No. 1025, Elizabeth, N.J. (9-3-68 to Cannata’s Super Market, Inc., food store; N.J.; No. 4621, Jersey City, N.J.; No. 392, 7-31-69); No. 1152, Irvington, N.J. (9-6-68 813 Brashear Avenue, Morgan City, La.; Montclair, N.J. (9-3-68 to 6-22-69); No. 608, to 7-28-69) ; No. 272, Jersey City, N.J. (9-3-68 9-3-68 to 9-2-69. Morristown, N.J.; No. 80, Paramus, N.J. (9- to 7-29-69); No. 1034, Manasquan, N.J. (9-7- Cat & Fiddle Super Markets, food store; 3-68 to 6-22-69); No. 221, Parlin, N.J. (9-3-68 68 to 7-29-69); No. 251, Newark, N.J. (9-3-68 Riverside Drive, Danville, Va.; 9-3-68 to to 6-22-69); No. 260, Passaic, N.J. (9-3-68 to to 7-29-69); No. 1085, Newark, N.J. (9-6-68 9-2-69. 6-30-69); No. 75, Plainfield, N.J.; No. 23, to 7-29-69) ; No. 240, Orange, N.J. (9-3-68 to Center’s Discount Store, variety store; 80 Princeton, NJ. (9-3-68 to 6-22-69); No. 7-29-69); No. 131, Passaic, N.J. (9-3-68 to Railroad Street, St. Johnsbury, Vt.; 9-18-68 65, Trenton, N.J. (9-5-68 to 6-22-69); No. 7-31-69); No. 1006, Plainfield, N.J. (8-28-68 to 9-17-69. 4501, Alliance, Ohio; No. 658, Barberton, Ohio to 8-27-69); No. 301, Union, N.J. (9-3-68 to The Dixie Store, department store; 415-17 (9—16—68 to 9—15—69); No. 586, Cambridge, 7-29-69); No. 542, Albuquerque, N. Mex. (9- Cnickasha Avenue, Chickasha, Okla.; 8-23- Ohio; Nos. 118, 298, and 459, Cleveland, Ohio; 13-68 to 9-12-69); No. 565, Albuquerque, N. 68 to 8-22-69. No. 240, Cleveland, Ohio (9-19-68 to 9-18- Mex. (9-12-68 to 9-11-69) ; No. 566, Farming- Eagle Stores Co., Inc., variety stores: No. 13, 69); No. 4567, Cleveland, Ohio (9-16-68 to ' ton, N. Mex. (9-20-68 to 9-19-69); No. 485, Asheboro, N.C., 9-15-68 to 9-14-69; No. 3, 9-15-69); No. 631, Dayton, Ohio; Nos. 144 Hobbs, N. Mex.; No. 597, Lawton, Okla.; No. bincolnton, N.C., 9-10-68 to 9-9-69; 1-11 and 4597, Maple Heights, Ohio; No. 362, Ma­ 1083, Oklahoma City, Okla.; No. 633, Pryor, West Main Street, Martinsville, Va., 9-3-68 rion, Ohio (9-19-68 to 9-18-69); No. 203, Mil­ Okla.; No. 8, Allentown, Pa.; No. 9, Altoona, to 9-2-69. ford, Ohio; No. 410, Painesville, Ohio; No. Pa.; No. 151, Barnesboro, Pa. (9-9-68 to 9-8- Eureka Farm, agriculture; Wilson, Ark.; 676, Parma, Ohio; No. 488, Piqua, Ohio; No. 69); No. 155, Cannonsburg, Pa.; No. 45, 8- 26-68 to 8-25-69. 458, Steubenville, Ohio; No. 646, Toledo, Ohio Chambersburg, Pa.; No. 1116, Chester, Pa. (9- Glosser Bros., Inc., department store; (9-8-68 to 9-7-69); No. 674,. Warren, Ohio; 5-68 to 9-4-69); No. .220, Connellsville, Pa.; ranklin and Locust Streets, Johnstown, Pa.; No. 595, Youngstown, Ohio; No. 284, Altoona, No. 87, Dubois, Pa.; No. 147, Ebensburg, Pa. 9- 14-68 to 9-13-69. Pa.; No. 639, Baden, Pa.; No. 302, Bridgeville, (9-10-68 to 9-9-69); No. 39, Hanover, Pa.; W. T. Grant Co., variety stores from 9-3-68 Pa.; No. 309, Camp Hill, Pa.; No. 76, Erie, Pa.; No. 1122, Hollidaysburg, Pa. (9—5—68 to 9—4— Ra(i 2-69 excePt as otherwise indicated; No. No. 460, Harrisburg, Pa. (9-10-68 to 9-9-69); 69); No. 51, Indiana, Pa.; No. 80, Lancaster, “ y' Jacksonville, Fla.; No. 70, Atlanta, Ga.; No. 143, Hazleton, Pa.; No. 64, Lancaster, Pa.; Pa.; No. 1066, Lancaster, Pa. (9-12-68 to W>. 683, Zion, 111. (9-18-68 to 9-17-69); No. No. 543, Monroeville, Pa. (9-13-68 to 9-12- 9-11-69); No. 42, Lebanon, Pa.; No. 1046, Mr- ■ Lawrence, Mass.; No. 18, Kalamazoo, 69); No. 200, Morrisville, Pa. (9-12-68 to Lebanon, Pa. (9-5—68 to 9-4r-69); No. 273, Mich.; No. 253, Dover, N.J. (9-1-68 to 9-11-69); No. 378, Oil City, Pa. (9-16-68 to Lewistown, Pa.; No. 1029, McKeesport, Pa. o ^-69); No. 793, Hazlet, N.J. (9-14-68 to 9-15-69); Nos. 191, 327, 438, 545, and 4513, (9-5-68 to 9-4-69); No. 326, North York, Pa.; too 69) ! No. 853, Middlesex, N.J. (9-1-68 Philadelphia, Pa.; No. 53, Pittsburgh, Pa.; Nos. 63 and 201, Philadelphia, Pa.; No. 104, j. 31-69); No. 724, Parsippany, N.J. (9-1-68 No. 182, Pittsburgh, Pa. (9-9-68 to 9-8-69); Phillipsburg, Pa.; No. 53, Pittsburgh, Pa. 0 8-31-69); No. 173, Paterson, N.J.; No. 393, No. 18, Reading, Pa. (9-10-68 to 9-9-69); (9-5-68 to 9-4r-69); No. 334, Reading, Pa.; woselle, N.J. (9-1-68 to 8-31-69); No. 770, No. 4504, Reading, Pa. (9-16-68 to 9-15-69); No. 85, Waynesboro, Pa.; No. 14, York, Pa.; mroona, Pa.; No. 463, Bridgeville, Pa. (9-15-68 No. 475, Uniontown, Pa.; No. 671, Rapid City, No. 317, York, Pa. (9-14^68 to 9-13-69); No. t? q Af-69) : No- 187, Lansdale, Pa. (9-18-68 S. Dak.; No. 738, Chattanooga, Tenn. (9-1-68 164, Aiken, S.C.; No. 1103, Charleston, S.C.; S i 17-69); No. 573, Mount Pleasant, Pa.; No. to 8-31-69); No. 739, Irving, Tex.; No. 342, No. 161, Chester, S.C. (9-18-68 to 9-17-69); IS fhoenixville, Pa. (9-7-68 to 9-6-69); Danville, Va. (9-1-68 to 8-31-69); No. 660, No. 1104, Columbia, S.C.; No. 1108, Green­ «os 466 and 803i Pittsburgh> p a . Nq g41> Norfolk, Va. (9-1-68 to 8-31-69); No. 425, ville, S.C.; No. 1136, Spartanburg, S.O.; No. lttsburgh, pa. (9-16-68 to 9-15-69); Nos. Bluefield, W. Va. (9-1-68 to 8-31-69); No. 415, Sumter, S.C.; No. 322, Oak Cliff, Tex.; p nd 747> Reading, Pa.; No. 154, Sunbury, 391, Charleston, W. Va. (9-1-68 to 8-31-69) ; No. 13, Charleston, W. Va.; No. 1133, Charles­ a.; No. 659, Knoxville, Tenn. (9-1-68 to No. 86, Racine, Wis. ton, W. Va. (9-1-68 to 8-31-69); No. 214, 8-31-69); No. 589, Newport, Vt.; No. 241, St. S. H. Kress and Co., variety stores from Clarksburg, W. Va.; No. 32, Fairmont, W. Va. ohnsbury, vt.; No. 356, Clarksburg, W. Va. 9—3—68 to 9-2-69 except as otherwise indi- (9-1-68 to 8-31-69); No. 40, Grafton, W. Va.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 1 8 5 9 6 NOTICES

(9—1—68 to 8-31-69; Nos. 15 and 1131, Hunt­ 360, Alma, Mich. (9-12-68 to 9-11-69); No. of full-time students at rates of not less ington, W. Va.; No. 83, Martinsburg, W. Va.; 452, Ishpeming, Mich.; No. 394, Columbia, than 85 percent of the statutory mini­ No. 33, Morgantown, W. Va.; No. 578, Mari­ Mo. (9-13-68 to 9-12-69); No. 253, Laconia, mum in the classes of occupations listed, nette, Wis.; No. 454, Marshfield, Wis. (9-8-68 N.H. (9-13-68 to 9-2-69); No. 104, Asbury and provide for the indica-ted monthly to 9-7-69); No. 694, Oconomowoc, Wis. Park, N.J. (9-3-68 to 7-30-69); No. 36, Dover, limitations on the percentage of full-time Meyer Brothers, department store; 181 N.J. (9-3-68 to 7-30-69); No. 107, Freehold, N.J.; No. 487, Red Bank, N.J. (9-3-68 to 7-30- student hours of employment at rates Main Street, Paterson, N.J.; 9-1-68 to below the applicable statutory minimum 8-31-69. 69); No. 190, Springfield, N.J. (9-17-68 to 7- Morgan & Lindsey, Inc., variety stores from 30-69); No. 187, Vineland, N.J.; No. 71, Tiffin, to total hours of employment of all 9_3_68 to 8-2-69 except as otherwise indi­ Ohio; No. 204, Berwick, Pa.; No. 9, Cham- employees. bersburg, Pa.; No. 226, Kennett Square, Pa. cated: No. 3090, Arabi, La.; No. 3065, Baton Ann & Hope Factory Outlet, Inc., depart­ Rouge, La.; No. 3083, Morgan City, La.; Nos. (9-13-68 to 9-12-69); No. 127, Lewisburg, Pa.; No. 106', Lock Haven, Pa.; No. 129, Mil- ment store; 1689 Post Road, Warwick, R.I.; 3057 and 3068, New Orleans, La.; No. 3019, bagger; from 2 to .4 percent; 9-18-68 to Ruston, La.; No. 3086, Sulphur, La.; No. ton, Pa.; No. 5, Shamokin, Pa. (9-11-68 to 9-17-69. 3050, West Monroe, La.; No. 3058, Beaumont, 9-10-69); No. 1, Stroudsburg, Pa.; No. 90, Sunbury, Pa.; No. 34, Waynesboro, Pa.; No. Branson Heights Supermarket, Inc., food Tex. (9-16-68 to 9-15-69). store; Highway 76, Branson, Mo.; stock clerk, G. C. Murphy Co., variety stores from 9-3- 95, West Warwick, R.I.; No. 278, Huron, S. Dak.; No. 202, El Paso, Tex. (9-8-68 to 9-7- bagger, cleanup; from 10 to 34 percent; 68 to 9-2-69 except as otherwise indicated: 9-3-68 to 9-2-69. No. 250, Rome, Ga.; No. 102, Tifton, Ga.; No. 69); No. 91, Barre.Vt.; No. 475, White River Junction, Vt.; No. 169, Fredericksburg, Va. Britte Department Store, department 17, Ashland, Ky.; No. 239, Louisville, Ky.; No. stores from 9-3-68 to 9-2-69 except as other­ Ill, Maysville, Ky.; No. 117, Aliquippa, Pa.; (9-1-68 to 8-31-69); No. 467, Front Royal, Va. (9-1-68 to 8-31-69); No. 229, Salem, Va. wise indicated, salesclerk, stock clerk, office No. 27, Ambridge, Pa.; No. 188, Barnèsboro, clerk, marker, window trimmer, janitorial, Pa.; No. 68, Beaver, Pa.; No. 32, Beaver Palls, (9-1-68 to 8-31-69); No. 435, Waynesboro, Va. (9-1-68 to 8-31-69); No. 261, Winchester, 10 percent except as otherwise indicated: Pa.; No. 30, Bedford, Pa.; No. 144, Bellefonte, Ellsworth Shopping Center, Ellsworth, Maine Pa.; No. 115, Bellevue, Pa.; No. 178, Bropk- Va. (9-1-68 to 8-31-69). Norby’s of Grand Forks, Inc., department (from 0 to 10 percent); No. 549, Bricktown, ville, Pa.; No. 30, Brownsville, Pa.; No. 160, N.J. (from 9 to 17 percent); No. 563, Freehold, Burgettstown, Pa.; No. 92, Butler, Pa.; No. store; 402 Demers Avenue, Grand Forks, N. Dak.; 9-3-68 to 9-2-69. N.J. (9-3-68 to 7-30-69); No. 428, Newton, 55, California, Pa.; No. 54, Carnegie, Pa.; N.J. No. 11, Charleroi, Pa.; No. 88, Clairton, Pa.; Olson Supermarket, food stores from 9-3— 68 to 9-2-69: 1406 West Main Street, Chanute, Malcolm Brock Co., department store; 2801 No. 66, Clarion, Pa.; No. 158, Clearfield, Pa.; Ming Road, Bakersfield, Calif.; Deb Board No. 201, Connellsville, Pa.; No. 169, Corry, Kans.; 525 West State Street, Erie, Kans.; 3209 Main Street, Parsons, Kans. Member; from 0.1 to 2 percent; 7-15-68 to Pa.; No. 46, Elizabeth, Pa.; Nos. 175 and 225, 7- 14-69. Erie, Pa.; No. 124, Everett, Pa.; No. 58, Farrell, The Outlet Co., department store; 176 Weybosset Street, Providence, R.I.; 9-3-68 to Cerretanis’ Supermarket, Inc., food stores Pa.; No. 44, Ford City, Pa.; No. 184, Franklin, from 7-15-68 to 7-14-69, bagger, stock clerk, Pa.; No. 129, Gettysburg, Pa.; No. 3, Greens- 9-2-69. Rose’s Stores, Inc., variety stores from 9- from 15 to 19 percent: 34 Essex Street, Mel- burg, Pa.; No. 43, Greenville, Pa.; No. 13, . rose, Mass.; 209 Revere Beach Parkway, Grove City, Pa.; No. 28, Hanover, Pa.; No. 3-68 to 9-2-69: No. 102, Warner Robins, Ga.; No. 135, Somerset, Ky. Revere, Mass. 165, Harrisburg, Pa.; No. 211, Hollidaysburg, Bill Crook’s Food Town, food stores for the Pa.; No. 143, Huntington, Pa.; No. 126, In­ Rusty’s Food Centers, Inc., food store; 9th and Iowa, Lawrence, Kans.; 9-3-68 to occupations of stock clerk, bagger: No. 3, diana, Pa.; No. 23, Irwin, Pa.; No. 45, Jean­ Hendersonville, Tenn., from 9 to 10 percent, nette, Pa.; No. 9, Kittanning, Pa.; No. 6, 9-2-69. Scott Store, variety store; No. 6, Nashville, 9-3-68 to 9-2-69; No. 2, Nashville, Tenn., from Latrobe, Pa.; No. 232, Lemoyne, Pa.; No. 59, 8 to 10 percent, 8-30-68 to 8-29-69. Lewistown, Pa.; No. 116, Ligonier, Pa.; No. Ark.; 8-27-68 to 8-26-69. Seitner Brothers, Inc., department store; Eagle Stores Co., Inc., variety store; No. 202, McDonald, Pa.; No. 1, McKeesport, Pa.; 27, Collinsville, Va.; salesclerk, stock clerk, No. 16, Meadville, Pa.; No. 70, Mechanicsburg, 302 Federal Street, Saginaw, Mich.; 9-13-68 Pa.; No. 108, Mercer, Pa. (9-13-68 to 9-12-69) ; to 9-12-69. 10 percent; 9-3-68 to 9-2-69. No. 186, Meyersdale, Pa.; No. 84, Midland, Pa.; Lee Sidney Corp., variety store; No. 732, W. T. Grant Co., variety stores for the No. 31, Monessen, Pa.; No. 146, Mount Union, Sidney, Nebr.; 9-3-68 to 9-2-69. occupations of salesclerk, stock clerk, office Pa.; No. 233, Natrona Heights, Pa.; No. 48, Sterling Stores Co., Inc., variety stores from clerk, cashier except as otherwise indicated: New Bethlehem, Pa.; No. 106, New Castle, Pa.; 9-3-68 to 8-2-69: 106-110 North Market No. 599, Mableton, Ga., from 0.1 to 12 percent, No. 4, New Kensington, Pa.; No. 157, North Street, Benton, Ark.; 130 West Main, Blythe- 9_14_68 to 9-13-69 (salesclerk); No. 944, East, Pa.; Nos. 12, 29, 57, 61, 83, 163, 170, ville, Ark.; 109-11 North Vine Street, Harri­ Henderson, Ky., from 4 to 24 percent, 9-15- 206, 221, 237, and 258, Pittsburgh, Pa.; No. son, Ark.; Capitol Avenue and Center Street, 68 to 9-14-69; No. 1113, Rockland, Maine, 183, Punxsutawnéy, Pa.; No. 127, Red Lion, Little Rock, Ark.; 104 East Hale Street, from 6 to 10 percent, 9-3-68 to 9-2-69 (sales­ Pa.; No. 247, Ridgway, Pa.; No. 7, Rochester, Osceola, Ark.; 208-212 Main Street, Russell­ clerk, cashier); No. 189, Baltimore, Md., from Pa.; No. 85, St. Marys, Pa;; No. 128, Sharon, ville, Ark. 7 to 10 percent, 9-8-68 to 9-7-69; No. 878, Pa.; No. 118, Shippensburg, Pa.; No. 145, Super Duper Food Center, food stores: Minneapolis, Minn., from 2 to 18 percent, State College, Pa.; No. 64, Tarentum, Pa.; South 3rd and Sayles Boulevard, Abilene, 9_3_68 to 9-2-69; No. 974, West Caldwell, No. 73, Titusville, Pa.; No. 164, Uniontown, Tex., 9-15-68 to 9-14-69; 300 Hailey Street, N.J., from 6 to 18 percent, 9—1—68 to 8-31-69, Pa.; No. 159, Vandergrift, Pa.; No. 60, Warren, Sweetwater, Tex., 9-3-68 to 9-2-69. No. 575, Milton, Pa., from 11 to 36 percent, Pa.; No. 155,. Washington, Pa.; No. 177, T. G. & Y. Stores Co., variety stores from9-16-68 to 9-15-69 (salesclerk, stock clerk); Waynesburg, Pa.; No. 47, West Newton, Pa.; 9-3-68 to 9-2-69: No. 174, Fort Smith, Ark.; No. 1071, Southampton, Pa., from 0 to 9 No. 39, Wilkinsburg, Pa.; No. 205, York, Pa.; No. 155, Kansas City, Kans.; No. 143, Mission, percent, 9-8-68 to 9-7-69 (salesclerk, stocx No. 209, East Rainelle, W. Va.; No. 172, Fair­ Kans.; No. 13, Anadarko, Okla.; No. 31, clerk); No. 848, State College, Pa., from 11 mont, W. Va.; No. 137, Hinton, W. Va.; No. Bartlesville, Okla.; No. 6, Clinton, Okla.; No. 8, to 36 percent, 9-16-68 to 9-15-69 (sales­ 194, Logan, W. Va.; No. 185, Philippi, W. Elk City, Okla.; No. 30, Midwest City, Okla.*; clerk) ; No. 729, Kingsport, Tenn., from 3 to Va.; No. 19, Sistersville, W. Va.;%No. 133, No. 57, Muskogee, Okla.; No. 35, Ponca City, 14 percent, 9-1-68 to 8-31-69; No. 902, Barm, Welch, W. Va.;'No. 14, Wellsburg, W. Va. Okla.; No. 53, Shawnee, Okla. Vt., from 4 to 10 percent, 9r3-68 to 9-2-69, Neisner Brothers, Inc., variety stores from Ward Bros., Inc., apparel store; 72 Lisbon No. 209, Vienna, Va., from 4 to 11 percent, 9-3-68 to 9-2-69 : Nos. 32, 42, 43, 63, and 82, Street, Lewiston, Maine; 9-3-68 to 9-2-69. 9-3-68 to 9-2-69; No. 564, Milwaukee, Wis. Detroit, Mich.; No. 58, Escanaba, Mich.; No. Weeks, Inc., food store; 505 South Santa from 8 to 10 percent, 9-18-68 to 9-17 69 13, Hamtramck, Mich.; No. 62, Highland Fe, Salina, Kans.; 9-3-68 to 9-2-69. salesclerk, office clerk). Park, Mich.; No. 101, Lincoln Park, Mich.; F. W. Woolworth Co., variety stores from H. E. B. Food Store, food store; No. 20, Fort No. 17, Pontiac, Mich.; No. 107, Royal Oak, 9-1-68 to 8-31-69 except as otherwise in­ Lavaca, Tex.; bottle clerk, sacker, package Mich.; No. 73, Wyandotte, Mich.; No. 59, St. dicated: No. 28, Newark, N.J.; No. 735, Albu­ clerk; 10 percent; 9-3-68 to 9-2-69. Louis, Mo.; No. 70, Omaha, Nebr.; No. 127, querque, N. Mex.; No. 1298, Carlsbad, N, Mex.; Haan’s Super Market, Inc., food store; 91 East Paterson, N.J.; No. 149, Middletown, No. 1633, Clovis, N. Mex.; No. 1966, Santa Fe, 36th Street SW, Wyoming, Mich.; stock cierx, N.J.; No. 163, Paramus, N.J. N. Mex.; No. 633, Eugene, Oreg. (9-8-68 to checker, package clerk; from 21 to 35 perce , J. J. Newberry Co., variety stores from 8-31-69); No. 981, Medford, Oreg. 8- 21-68 to 8-20-69. 9-3-68 to 9-2-69 except as otherwise indi­ Home Town Super Market, food store; 685 cated: No. 254, Harlan, Ky. (9-1-68 to 8-31- The following certificates were issued West Bank Expressway, Marrero, La.; c“ *c 69) ; No. 197, Somerset, Ky. (9-1-68 to 8-31- to establishments relying on the base- packer, janitorial, bottle clerk, bagger, hugg 69) ; No. 417, Ellsworth, Maine; No. 264, year employment experience of other es­ picker upper; from 16 to 32 percent; 8 2 Farmington, Maine; No. 311, Madawaska, tablishments, either because they came to 8-21-69. Maine (9-6-68 to 9-2-69) ; No. 351, Norway, into existence after the beginning of King Mart, food store; 1301 East Levee Maine (9-9-68 to 9-2-69) ; No. 238, Rockland, the applicable base year or because they Street, Brownsville, Tex.; stock clerk, checKei, Maine; No. 154, Elkton, Md.; No. 31, Hagers­ did not have available base-year records. carryout, janitorial; from 9 to 11 per°e town, Md.; No. 67, Northampton, Mass.; No. The certificates permit the employment 9- 6-68 to 9-5-69.

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 NOTICES 1 8 5 9 7

S. S. Kresge Co., variety stores from 9—3-68 No. 447, Lapeer, Mich., from 10 to 27 percent to 28 percent; No. 152, Greensboro, N.C., from to 9-2-69 except as otherwise indicated, (salesclerk, stock clerk); No. 679, Sturgis, 6 to 12 percent (salesclerk); No. 162, Green­ salesclerk except as otherwise indicated: No. Mich., from 10 to 27 percent; No. 7506, Jersey ville, N.C., from 2 to 25 percent (salesclerk); 4046, Hot Springs, Ark., from 2 to 19 percent City, N.J., from 9 to 20 percent (9-3-68 to No. 118, Jacksonville, N.C., from 16 to 26 (9-3-68 to 8-2-69) ; No. 784, Boulder, Colo., 7-29-69); No. 1072, Succasunna, N.J., from percent; No. 122, Kannapolis, N.C., from 4 to from 3 to 23 percent (salesclerk, checker- 11 to 32 percent (9-15-68 to 9-14-69); No. 23 percent (salesclerk, checker); No. Ill, cashier, 7-13-68 to 7-12-69) ; No. 4088, Colo­ 706, Albuquerque, N. Mex., from 0 to 40 per­ Lincolnton, N.C., from 9 to 18 percent (sales­ rado Springs, Colo., from 9 to 16 percent cent; No. 90, Bristol, Pa., from 14 to 30 per­ clerk); No. 179, Monroe, N.C., from 11 to 27 (salesclerk, stock clerk, office clerk, checker- cent (9-20-68 to 9-19-69); No. 341, Mounds- percent (salesclerk, checker, 9-18-68 to 9- cashier, 9-20-68 to 9-19—69); No. 4121, Den­ ville, W. Va., from 5. to 22 percent. 17-69); No. 68, Mount Airy, N.C., from 13 to ver, Colo., from 28 to 59 percent (salesclerk, Morgan & Lindsey, Inc., variety store; No. 28 percent; No. 90, Mount Olive, N.C., from stock clerk, office clerk, checker-cashier, 3046, Alexandria, La.; salesclerk, stock clerk; 21 to 41 percent (salesclerk); No. 81, Plym­ 9-1-68 to 8-31-69) ; No. 508, Danbury, Conn., from 6 to 31 percent; 9-16-68 to 8-15-69. outh, N.C., from 2 to 25 percent (sales­ 10 percent; No. 259, Waterbury, Conn., from G. C. Murphy Co., variety stores from 9-3— clerk) ; No. 18, Reidsville, N.C., from 13 to 28 14 to 28 percent; No. 763, Daytona Beach, 68 to 9-2-69 except as otherwise indicated, percent (salesclerk, stock clerk); No. 78, Fla., from 5 to 12 percent; No. 4049, Macon, salesclerk, stock clerk, office clerk, janitorial: Rocky Mount, N.C., from 4 to 20 percent Ga., from 11 to 22 percent (9-17-68 to 9-16— No. 302, Carlisle, Pa., from 17 to 25 percent; (9-3-68 to 9-2-69); No. 169, Salisbury, N.C., 69); No. 4044, Savannah, Ga., from 4 to 14 No. 280, McKeesport, Pa., from 3 to 23 per­ from 11 to 27 percent (salesclerk, checker); percent (9-19-68 to 9-18-69); No. 4019, cent; No.,.293, Pittsburgh, Pa., from 9 to 25 No. 153, Shelby, N.C., from 11 to 27 percent Champaign, 111., from 4 to 21 percent (sales­ percent; No. 94, York, Pa., from 5 to 15 per­ (9—3—68 to 9—2—69),; No. 131, West Jefferson, clerk, stock clerk, checker-cashier, office cent (8-22-68 to 8-21-69) ; No. 173, Austin, N.C., from 0.4 to 28 percent; No. 39, Wil- clerk) ; No. 4562, Chicago, 111., from 16 to 41 Tex., from 10 to 28 percent (9-5-68 to 9-4- liamston, N.C., from 5 to 29 percent (sales­ percent (salesclerk, stock clerk, checker- 69); No. 286, Lubbock, Tex., from 11 to 28 clerk, stock clerk); No. 159, Wilson, N.C., from cashier, office clerk) ; No. 4156, Urbandale, percent (9-6-68 to 9-5-69). 4 to 20 percent; No. 160, Winston-Salem, Iowa, from 10 to 24 percent (salesclerk, stock Neisner Brothers, Inc., variety stores from N.C., from 19 to 31 percent; No. 150, Co­ clerk, office clerk, checker-cashier, 8-21-68 to 9-3—68 to 9—2—69 except as otherwise indi­ lumbia, S.C., from 6 to 29 percent (stock 8-20-69) ; No. 195, Bangor, Maine, 10 percent; cated, salesclerk, stock clerk, office clerk ex­ clerk, salesclerk, 9-8-68 to 9-7-69); No. 161, No. 264, Lutherville, Md., 10 percent; No. 450, cept as otherwise indicated: No. 135, Arcadia, Florence, S.C., from 6 to 18 percent (sales­ Braintree, Mass., 10 percent; No. 49, Kansas Fla., from 10 to 29 percent (9-16-68 to 9-15- clerk, stock clerk); No. 166, Greenwood, S.C., City, Mo., from 13 to. 20 percent (salesclerk, 69); No. 192, Avon Park, Fla., from 6 to 19 from 3 to 16 percent (salesclerk); No. 67, stock clerk, office clerk, checker-cashier) ; percent (salesclerk, stock clerk); No. 183, North Augusta, S.C., from 6 to 21 percent No. 274, Wayne, N.J., from 2 to 10 percent; Dade City, Fla., from 10 to 29 percent; No. (9—3—68 to 9—2-69); No. 101, Spartanburg, No. 4518, Ashtabula, Ohio, 10 percent (sales­ 197, Deland, Fla., from 8 to 17 percent; No. S.C., from 11 to 27 percent; No. 66, Blacks­ clerk, checker-cashier, stock clerk, mainte­ 80, Deltona, Fla., from 8 to 17 percent (9-19- burg, Va., from 6 to 16 percent; No. 89, nance); No. 663, Columbus, Ohio, from 5 to 68 to 9—18—69); No. 179, Lake City, Fla., from Charlottesville, Va., from 3 to 16 percent 10 percent (salesclerk, checker-cashier, stock 8 to 17 percent (salesclerk); No. 196, Mara­ (salesclerk); No. 54, Danville, Va., from 5 to 9 clerk, maintenance, 9-7-68 to 9-6-69); No. thon, Fla., from 9 to 17 percent (salesclerk, percent (9-3-68 to 9-2-69); No. 167, Hamp­ 287, Dayton, Ohio, from 6 to 10 percent stock clerk); No. 187, New Port Richey, Fla., ton, Va.,, from 11 to 39 percent (salesclerk, (salesclerk, stock clerk, checker-cashier, from 10 to 29 percent;-No. 184, Palmetto, Fla., stock clerk); No. 168, Hopewell, Va., from 3 maintenance); No. 4556, Zanesville, Ohio, from 10 to 29 percent (salesclerk); No. 79, to 16 percent (salesclerk); No. 84, Lexington, from 5 to 10 percent (salesclerk, checker- South Miami, Fla., from 17 to 29 percent Va., from 3 to 16 percent (salesclerk); No. cashier, stock clerk, maintenance) ; No. 4045, (9-19-68 to 9-18-69); No. 189, Stuart, Fla., 158, Martinsville, Va., from 5 to 9 percent Butler, Pa., from 6 to 10 percent (bagger, from 10 to 29 percent; No. 194, Tallahassee, (salesclerk, checker); No. 141, Newport News, salesclerk, checker-cashier, 9-6-68 to 9-5— Fla., from 4 to 17 percent; No. 204, Burling­ Va., from 13 to 31 percent (salesclerk); No. 69); No. 62, Coraopolis, Pa., from 0 to 13 ton, Iowa, from 4 to 23 percent (salesclerk, 58, Pulaski, Va., from 6 to 24 percent; No. 55, percent; No. 186, Lancaster, Pa., 10 percent; stock clerk, office clerk, maintenance); No. Radford, Va., from 3 to 16 percent (sales­ No. 129, Philadelphia, Pa., from 3 to 10 per­ 168, Spencer, Iowa, from 4 to 20 percent clerk) ; No. 151, Roanoke, Va., from 0 to 5 cent; No. 675, Pittsburgh, Pa., from 2 to 16 (salesclerk, stock clerk, maintenance); No. percent; No. 113, Virginia Beach, Va., from 13 percent; No. 723, Cleveland, Term., from 2 142, Trenton, N.J., from 13 to 24 percent to 31 percent (salesclerk). to 17 percent (salesclerk, stock clerk, office (salesclerk, stock clerk). Rusty’s Food Centers, Inc., food store; 620 clerk, checker-cashier, maintenance, 9—1—68 Pleezing Food Store of W. Florida, food North Second Street, Lawrence, Kans.; sacker, to 8-31-69) ; No. 4013, Baytown, Tex., from store; No. 3, Pensacola, Fla.; bagger, stock carryout; from 12 to 20 percent; 9-3-68 to 7 to 27 percent; No.. 729, Orange, Tex., from clerk, checker, market counter helper; from 9-2-69. 7 to 27 percent (9-20-68 to 9-19-69) ; No. 746, 8 to 18 percent; 9-14-68 to 9-13-69. T. G. & Y. Stores Co., variety stores from San Antonio, Tex., from 7 to 27 percent (9-5- Raylass Department Store, department 9—3—68 to 9—2—69 except as otherwise indi­ 68 to 9-4-69) ; No. 196, Alexandria, Va., from store; 908—12 Main Street, Lynchburg, Va.; cated, salesclerk, stock clerk', office clerk: No. 14 to 25 percent (salesclerk, stock clerk, office salesclerk, office clerk, stock clerk, marker, 780, Inverness, Fla., from 2 to 17 percent clerk, checker-cashier, 9-1-68 to 8-31-69); cleanup; from 13 to 34 percent; 9-1-68 to (9-18-68 to 9—17—69); No. 786, Orlando, Fla., No. 4104, Roanpke, Va., from 14 to 25 percent 8-31-69. from 2 to 17 percent (9-18-68 to 9-17-69); (salesclerk, stock clerk, office clerk, checker- No. 159, from 5 to 34 percent; No. 151, Glad­ cashier, maintenance, 9-18-68 to 9-17-69); Rogers Department Store, Inc., department store; 959 28th Street SW., Wyoming, Mich.; stone, Mo., from 22 to 31 percent (8-24-68 to No. 561, Winchester, Va., from 4 to 10 per­ 8- 23-69); No. 454, Hannibal, Mo., from 14 to cent (salesclerk, stock clerk, office clerk, salesclerk, stock clerk, marker; 8 percent; 8- 31-68 to 8-30-69. 33 percent; No. 304, Liberty, Mo., from 22 to checker-cashier, maintenance, 9-1-68 to 31 percent (9-12-68 to 9-11-69); No. 152 31-69) ; No. 4521, Parkersburg, W. Va., from Rose’s Stores, Inc., variety stores from Farkville, Mo., from 22 to 31 percent (9-12-68 m 24 Percent (salesclerk, stock clerk, 9-1- 9— 5—68 to 9—4—69 except as otherwise indi­ to 9-11-69); No. 65, Enid, Okla., from 23 to 68 to 8-31-69) ; No. 4503, Wheeling, W. Va„ cated, salesclerk, stock clerk, office clerk, 25 percent. ;u Percent (salesclerk, stock clerk, checker- checker except as otherwise indicated: No. Warshaw’s Giant Foods, food stores from cashier, maintenance). 140, Columbus, Ga., from 0.3 to 33 percent; 9- 16-68 to 9-15-69, bagger, from 26 to 33 No. 77, Gainesville, Ga., from 13 to 32 per­ q o' J ? ' , K r e s s and Co-> variety stores from percent: 3271 East 3300 South, Salt Lake City 68 to 9-2-69 except as otherwise indi- cent (salesclerk, stock clerk, checker, window Utah; 50 East 3900 South, Salt Lake Citv ated, salesclerk, stock clerk: 1999' Aloma trimmer, marker, order writer); No. 164, Utah. Avenue, Winter Park, Fla., from 1 to 10 per- Valdosta, Ga., from 13 to 32 percent (sales­ F. W. Wool worth Co., variety stores for the f®nt (9^-18-68 to 9-17-69); Bridgeton, N.J., clerk, stock clerk, checker, window trimmer, occupation of salesclerk: No. 2602, Hays, nom 17 to 35 percent; 403 Southwest 25th marker, order writer); No. 91, Winder, Ga., Kans.,' from 2 to 13 percent, 9-20-68 to 9-19- weet, Oklahoma City, Okla., from 0 to 15 from 13 to 33 percent (salesclerk, stock clerk, 69; No. 2468, Matairie, La., from 5 to 22 per­ Percent. checker, window trimmer, marker, order cent, 9-1-68 to 8-31-69; No. 1029, St. Louis, McCalls Greenleaf Grocery, food store; l writer; 9-18-68 to 9-17-69); Nos. 6 and 115, Mo., from 9 to 15 percent, 9-18-68 to 9-17-69. Louisville, Ky„ from 3 to 16 percent (sales­ . Porter Street, Norman, Okla.; bags clerk); No. 35, Asheboro, N.C., from 13 to 28 Q i n on’i carry out; from 10 to 31 perce: Each certificate has been issued upon 9-18-68 to 9—17-69. percent (salesclerk, stock clerk); No. 38, the representations of the employer Beaufort, N.C., from 16 to 26 percent; No. 154, which, among other things, were that RWCC5°ry~McLellau' Green Stores, vari< Burlington, N.C., from 13 to 28 percent, wZBS i°m 9-3-68 to 9—2-89 except as oth, (9—3—68 to 9—2—69); No. 63, Charlotte, N.C., employment of full-time students at spe­ ® mdlcated, salesclerk, stock clerk, "off from 11 to 27 percent (salesclerk, checker); cial minimum rates is necessary to pre­ excePt as otherwise indicated: No. 3 No. 64, Durham, N.C., from 7 to 13 percent vent curtailment of opportunities for em­ phoenix, Ariz., from 5 to 16 percent; No. 3 (salesclerk, 9-12-68 to 9-11-69); No. 147, ployment, and the hiring of full-time T^tyf rs’ Pla-> from 6 to 15 percent; I Durham, N.C., from 6 to 12 percent; No. 155,’ students at special minimum rates will No’ <5^StTTAir0n’ 111 - frorri 11 to 19 percei Gastonia, N.C., from 11 to 27 percent (9—3—68 • 643, Hadley, Mass., from 7 to 15 percei not create a substantial probability of to 9-2-69); No. 132, Greensboro, N.C., from 11 reducing the full-time employment op-

FEBERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 1 8 5 9 8 NOTICES portunities of persons other than those movement, in containers, and further Northern Pacific Railway Co.) and good employed under a certificate. The cer­ restricted to the performance of pickup cause appearing therefor: tificates may be annulled or withdrawn, and delivery service in connection with It is ordered, That: as indicated therein, in the manner pro­ packing, crating, and containerization or Car Distribution Direction No. 25 be, vided in Part 528 of Title 29 of the Code unpacking, uncrating, and decontainer­ and it is hereby amended by substituting of Federal Regulations. Any person ag­ ization of such traffic, for 180 days. Sup­ the following paragraph (4) for para­ grieved by the issuance of any of these porting shipper: Davidson Forwarding graph (4) thereof: certificates may seek a review or recon­ Co., 3180 V Street NE., Washington, D.C. (4) Expiration date: This direction sideration thereof within 30 days after 20018. Send -protests to: W. R. Atkins, shall expire at 11:59 p.m., December 29, 1968, unless otherwise modified, changed, publication of this notice in the Federal District Supervisor, Interstate Com­ R egister pursuant to the provisions of merce Commission, Bureau of Opera­ or suspended. It is further ordered, That this amend­ 29 CFR 519.9. tions, T-4009 Federal Building, 701 Loy­ ola Avenue, New Orleans, La. 70113. ment shall become effective at 11:59 p.m., Signed at Washington, D.C., this 9th No. MC 117823 (Sub-No. 34 T A ), filed December 15, 1968, and that it shall be day of December 1968. December 6, 1968. Applicant: DUNKLEY served upon the Association of American R obert G. G ronewald, REFRIGERATED TRANSPORT, INC., Railroads, Car Service Division, as agent Authorized Representative 240 West California Avenue, Salt Lake of all railroads subscribing to the car of the Administrator. City, Utah 845. Applicant’s representa­ service and per diem agreement under the tive: Lon Rodney Kump, 720 New House terms of that agreement; and that it be [F.R. Doc. 68-14925; Filed, Dec. 13, 1968; filed with the Director, Office of the Fed­ 8:45 a.m.] Building, Salt Lake City, Utah 84111. Au­ thority sought to operate as a common eral Register. carrier, by motor vehicle, over irregular Issued at Washington, D.C., Decem­ routes, transporting: Foodstuffs, except ber 11, 1968. INTERSTATE COMMERCE frozen foods, from points in Washington I nterstate Commerce and Oregon to points in Utah, and Twin Commission, COMMISSION Falls, Pocatello, and Idaho Falls, Idaho, [seal] R. D. Pfahler, when transported at the same time and in Agent. [Notice 747] the same vehicle with frozen foods, for [F.R. Doc. 68-14947; Filed, Dec. 13, 1968;. MOTOR CARRIER TEMPORARY 180 days. Supporting shippers: Utah 8:47 a.m.] Packers, Inc., 366 South Fifth East AUTHORITY APPLICATIONS Street, Salt Lake City, Utah 84102; [S.O. 1002; Car Distribution Direction No. 8; D ecember 11, 1968. Nicholas & Co., 613 South Third West Amdt. 4] The following are notices of filing of Street, Salt Lake City, Utah 84101; and applications for temporary authority Utah Wholesale Grocery Co., Inc., Post BOSTON AND MAINE CORP., ET AL under section 210a(a) of the Interstate Office Box 269, Salt Lake City, Utah Car Distribution Commerce Act provided for under the 84110. Send protests to: John T. new rules of Ex Parte No. MC 67 C49 Vaughan, District Supervisor, Interstate Upon further consideration of Car Dis­ tribution Direction No. 8 (Boston & Maine CFR Part 340), published in the F ederal Commerce Commission, 6201 Federal Corp.; Penn Central Co.; Chicago & R egister, issue of April 27,1965, effective Building, Salt Lake City, Utah 84111. July 1, 1965. These rules provide that No. MC 129171 (Sub-No. 1 TA), filed North Western Railway Co.) and good protests to the granting of an applica­ December 6, 1968. Applicant; ARTHUR cause appearing therefor: tion must be filed with the field official SHELLEY, Rural Delivery No. 1, Dallas, It is ordered, That: Car Distribution Direction No. 8 be, named in the F ederal R egister publica­ Pa. 18612. Applicant’s representative: tion, within 15 calendar days after the Kenneth R. Davis, 1106 Dartmouth and it is hereby amended by substituting date of notice of the filing of the applica­ Street, Scranton, Pa. 18504. Authority the following paragraph (4) for para­ sought to operate as a common carrier, graph (4) thereof: tion is published in the Federal R egis­ (4) Expiration date: This direction ter. One copy of such protest must be by motor vehicle, over irregular routes, transporting: Candy, confectionery, and shall expire at 11:59 p.m,, December 29, served on the applicant, or its author­ 1968, unless otherwise modified, changed, ized representative, if any, and the pro­ bakery goods, in refrigerated equipment, from Elizabeth and Hammonton, N.J., or suspended. tests must certify that such service has It is further ordered, That this amend­ been made. The protests must be specific to Los Angeles and Oakland, Calif.; Port­ land, Oreg., and Seattle, Wash., for 180 ment shall become effective at 11:59 as to the service which such protestant December 15, 1968, and that it shall be can and will offer, and must consist of days. Supporting shippers: Delicia, Inc., 614 Progress Street, Elizabeth, N.J. served upon the Association of American a signed original and six copies. Railroads, Car Service Division, as agent A copy of the application is on file, 07201; Deer Park Baking Co., South Egg Harbor Road, Hammonton, N.J. 08037. of all railroads subscribing to the car and can be examined at the Office of the service and per diem agreement UP“®? Secretary, Interstate Commerce Com­ Send protests to: Paul J. Kenworthy, District Supervisor, Interstate Com­ the terms of that agreement; and that it mission, Washington, D.C., and also in be filed with the Director, Office of tne the field office to which protests are to merce Commission, Bureau of Opera­ tions, 309 U.S. Post Office Building, Federal Register. be transmitted. Scranton, Pa. 18503. Issued at Washington, D.C., Decem­ M otor Carriers of Property By the Commission. ber 11,1968. No. MC 31644 (SUb-No. 5 TA), filed I nterstate Commerce [ seal] H. Neil G arson, 1 Commission, December 6, 1968. Applicant: H. G. Secretary. BAUER MOVING & STORAGE, INC., [ seal] R. D. Pfahler, 1111 Barracks Street, New Orleans, La. [F.R. Doc. 68-14946; Filed, Dec. 13, 1968; Agent. 70116. Applicant’s representative: Alan 8:47 a.m.] [F.R. Doc. 68-14948; Filed, Dec. 13, 1968, F. Wohlstetter, 1 Farragut Square South, 8:47 a.m.] Washington, D.C. 20006. Authority [S.O. 1002; Car Distribution Direction No. 25; sought to operate as a common carrier, Amdt. 1] [S.O. 1002; Car Distribution Direction No. 19, by motor vehicle, over irregular routes, Amdt. 2] ATCHISON, TOPEKA & SANTA FE transporting: Used household goods, be­ CHESAPEAKE & OHIO RAILWAY CO. tween points in Orleans, Jefferson, St. RAILWAY CO., ET AL. Bernard, St. Charles, Plaquemine, La­ AND CHICAGO & NORTH WESTERN fourche, Terrebonne, St. James, St. John Car Distribution RAILWAY CO. Baptist, Ascension, Livingston, East Ba­ Upon further consideration of Car Dis­ Car Distribution ton Rouge, and Tangipahoa Parishes, tribution Direction No. 25 (The Atchison, Upon further consideration of Car La., restricted to the transportation of Topeka & Santa Fe Railway Co.; Chi­ Distribution Direction No. 19 (The Ches- traffic having a prior or subsequent cago, Burlington & Quincy Railroad Co.;

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 NOTICES 1 8 5 9 9 apeake & Ohio Railway Co.; Chicago & IS.Q. 1002; Car Distribution Direction No. North Western Railway Co.) and good 20; Arndt. 1] Issued at Washington, D.C., Decem­ cause appearing therefor: ber 11,1968. It is ordered, That: LEHIGH VALLEY RAILROAD CO., Interstate Commerce Car Distribution Direction No. 19 be, ET AL. Commission, and it is hereby amended by substituting Car Distribution [seal] R. D. P fahler, the following paragraph (4) for para­ Agent. graph (4) thereof: Upon further consideration of Car [F.R. Doc. 68-14952; Piled, Dec. 13, 1968' (4) Expiration date: This direction Distribution Direction No. 20 (Lehigh 8:47 a.m.] shall expire at 11:59 p.m., December 29, Valley Railroad Co.; The Chesapeake & 1968, unless otherwise modified, changed, Ohio Railway Co.; Chicago & North or suspended. Western Railway Co.; Great Northern [S.O. 1002; Car Distribution Direction No. It is further ordered, That this amend­ Railway Co.) and good cause appearing 24; Amdt. 1] ment shall become effective at I I : 59 p.m., therefor: PENN CENTRAL CO. ET AL. December 15, 1968, and that it shall be It is ordered, That: served upon the Association of Ameri­ Car Distribution Direction No. 20 be, Car Distribution can Railroads, Car Service Division, as and it is hereby amended by substituting Upon further consideration of Car Dis­ agent of all railroads subscribing to the the following paragraph (4) for para­ tribution Direction No. 24 (Penn Central car service and per diem agreement under graph (4) thereof: Co.; Chicago, Burlington & Quincy Rail­ the terms of that agreement; and that (4) Expiration date: This direction road Co.; Northern Pacific Railway Co.) it be filed with the Director, Office of the shall expire at 11:59 pm., December 29, and good cause appearing therefor: Federal Register. 1968, unless otherwise modified, changed, It is ordered, That: or suspended. Issued at Washington, D.C., Decem­ Car Distribution Direction No. 24 be, ber 11, 1968. It is further ordered, That this amend­ and it is hereby amended by substituting ment shall become effective at 11:59 p.m., Interstate Commerce the following paragraph (4) for para­ December 15, 1968, and that it shall be graph (4) thereof: Commission, served upon the Association of American [seal] R. D. Pfahler, (4)' Expiration date. This direction Railroads, Car Service Division, as agent shall expire at 11:59 p.m., December 29, Agent. of all railroads subscribing to the car [FH. Doc. 68-14949; Piled, Dec. 13, 1968; service and per diem agreement under 1968, unless otherwise modified, changed 8:47 a.m.] or suspended. the terms of that agreement; and that It is further ordered, That this amend­ it be filed with the Director, Office of the Federal Register. ment shall become effective at 11:59 p.m„ [S.0.1002; Car Distribution Direction No. 12; December 15, 1968, and that it shall be Arndt. 3] Issued at Washington, D.C., Decem­ served upon the Association of American THE KANSAS CITY SOUTHERN RAIL­ ber 11,1968. Railroads, Car Service Division, as agent WAY CO., AND CHICAGO & NORTH I nterstate Commerce of all railroads subscribing to the car ommission service and per diem agreement under WESTERN RAILWAY CO. C , [ seal] R. D. P fahler, the terms of that agreement; and that it Car Distribution Agent. be filed with the Director, Office of the Federal Register. Upon further consideration of Car [FJR. Doc. 68-14951; Filed, Dec. 13, 1968; Distribution Direction No. 12 (The Kan­ 8:47 a.m.] Issued at Washington, D.C., Decem­ sas City Southern Railway Co.; Chicago ber 11,1968. & North Western Railway Co.) and good [S.O. 1002; Car Distribution Direction No. 16; Interstate Commerce cause appearing therefor : Amdt. 3 J Commission, It is ordered, That: [ seal] R. d . Pfahler, LOUISVILLE & NASHVILLE RAILROAD Car Distribution Direction No. 12 be, Agent. cud it is hereby amended by substituting CO., AND CHICAGO, BURLINGTON [F.R. Doc. 68-14953; Piled, Dec. 13, 1968; & QUINCY RAILROAD CO. 8:48 a.m.] the following paragraph (4) for para­ graph (4) thereof : Car Distribution [S.O. 1002; Car Distribution Direction No. 23; (4) Expiration date: This direction Upon further consideration of Car Amdt. || shall expire at 11:59 p.m., December 29, Distribution Direction No. 16 (Louisville 1968, unless otherwise modified, changed, & Nashville Railroad Co.; Chicago, Bur­ READING CO. ET AL. or suspended. lington & Quincy Railroad Co.) and good Car Distribution cause appearing therefor: !t is further ordered, That this amend­ Upon further consideration of Car Dis­ ment shall become effective at 11:59 pun., It is ordered, That: Car Distribution Direction No. 16 be, tribution Direction No< 23 (Reading Co., December 15, 1968, and that it shall be and it is hereby amended by substituting Western Maryland Railway Co.; Norfolk served upon the Association of American the following paragraph (4). for para­ & Western Railway Co.; Chicago, Rock ailroads, Car Service Division, as agent graph (4) thereof: Island & Pacific Railroad Co.; Great °f all railroads subscribing to the car (4) Expiration date: This direction Northern Railway Co.) and good cause shall expire at 11:59 p.m., December 29, appearing therefor: service and per diem agreement under It is ordered, That: e terms of that agreement; and that 1968, unless otherwise modified, changed, or suspended. Car Distribution Direction No. 23 be, « be filed with the Director, Office of the It is further ordered, That this amend­ and it is hereby amended by substituting federal Register. ment shall become effective at 11:59 p.m., the following paragraph (4) for para­ December 15, 1968, and that it shall be graph (4) thereof: beu?6? ^ Washington> D C > Decem- served upon the Association of American (4) Expiration date. This direction shall expire at 11:59 p.m., December 29, I nterstate Commerce Railroads, Car Service Division, as agent of all railroads subscribing to the car 1968, unless otherwise modified, changed,’ r Commission, or suspended. lseal] r . d> pfahler, service and per diem agreement under It is further ordered, That this amend­ Agent. the terms of that agreement; and that it ment shall become effective at 11:59 [F.R. Doc. 68-14950; Piled, Dec. 13, 1968' be filed with the Director, Office of the 8:47 a.m.] p.m„ December 15,1968, and that it shall Federal Register. be served upon the Association of Amer-

No. 243----- 7 FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18600 NOTICES ican Railroads, Car Service Division, as (4) Expiration date: This direction Pacific Co.; Chicago, Rock Island & Pa­ agent of all railroads subscribing to the shall expire at 11:59 p.m., December 29, cific Railroad Co.) and good cause ap­ car service and per diem agreement un­ 1968, unless otherwise modified, changed, pearing therefor: der the terms of that agreement; and or suspended. It is ordered, That: that it be filed with the Director, Office It is further ordered, That this amend­ Car Distribution Direction No. 15 be, of the Federal Register. ment shall become effective at 11:59 p.m„ and it is hereby vacated. December 15, 1968, and that it shall be It is further ordered, That this order Issued at Washington, D.C., Decem­ served upon the Association of American shall become effective at 9 a.m., Decem­ ber 11,1968. Railroads, Car Service Division, as agent ber 10, 1968, and that it shall be served Interstate Commerce of all railroads subscribing to the car upon the Association of American Rail­ Commission, service and per diem agreement under roads, Car Service Division, as agent of [seal] R. D. Pfahler, the terms of that agreement; and that it all railroads subscribing to the car serv­ Agent. be filed with the Director, Office of the ice and per diem agreement under the [F.R. Doc. 68-14954; Filed, Dec. 13, 1968; Federal Register. terms of that agreement; and that it be 8:48 a.m.] filed with the Director, Office of the Issued at Washington, D.C., December Federal Register. 11,1968. [S.O. 1002; Car Distribution Direction No. 22; I nterstate Commerce Issued at Washington, D.C., Decem­ Arndt. 1] Commission, ber 10,1968. ST. LOUIS-SAN FRANCISCO RAILWAY [seal] R. D. Pfahler, Interstate Commerce Agent. CO., AND CHICAGO & NORTH Commission, [F.R. Doc. 68-14956; Filed, Dec. 13, 1968; [seal] R. D. Pfahler, WESTERN RAILWAY CO. 8:48 a.m.] Agent. Car Distribution [F.R. Doc. 68-14958; Filed, Dec. 13, 1968; Upon further consideration of Car Dis­ [S.O. 1002; Oar Distribution Direction No. 2; 8:48 a.m.] tribution Direction No. 22 (St. Louis-San Amdt. 4] Francisco Railway Co.; Chicago & North SOUTHERN RAILWAY CO., AND CHI­ Western Railway Co.) and good cause CAGO, BURLINGTON & OUINCY appearing therefor: NATIONAL COMMISSION ON It is ordered, That: RAILROAD CO. Car Distribution Direction No. 22 be, Car Distribution PRODUCT SAFETY and it is hereby amended by substituting HOUSEHOLD PRODUCTS PRESENTING the following paragraph (4) for para­ Upon further consideration of Car Dis­ graph (4) thereof: tribution Direction No. 2 (Southern Rail­ HEALTH AND SAFETY RISK (4) Expiration date. This direction way Co.; Chicago, Burlington & Quincy Notice of Hearing shall expire at 11:59 p.m., December 29, Railroad Co.) and good cause appearing 1968, unless otherwise modified, changed, therefor: Notice is hereby given that pursuant or suspended. It is ordered, That: to section 3(a) of Public Law 90-146, It is further ordered, That this amend­ Car Distribution Direction No. 2 be, the National Commission on Product ment shall become effective at 11:59 and it is hereby amended by substituting Safety will hold public hearings at 9:30 p.m., December 15,1968, and that it shall the following paragraph (4) for para­ a.m. on January 14, 1969, in Room 1202, be served upon the Association of Ameri­ graph (4) thereof: New Senate Office Building, Washington, can Railroads, Car Service Division, as (4) Expiration date: This direction D.C. The subject of the hearings will agent of all railroads subscribing to the shall expire at 11:59 p.m., December 29, be—Architectural Glass: Case Study of car service and per diem agreement 1968, unless otherwise modified, changed, a Safety Hazard. The subject will include under the terms of that agreement; and or suspended. the following: . . that it be filed with the Director, Office, It is further ordered, That this amend­ (1) Nature and severity of injuries as­ of the Federal Register. ment shall become effective at 11:59 p.m., sociated with glass used in doors, win­ December 15, 1968, and that it shall be dows, wall panels, and other places m Issued at Washington, D.C., December served upon the Association of American the home; . , ... 11,1968. Railroads, Car Service Division, as agent (2) Types of safety glass and cost au- I nterstate Commerce of all railroads subscribing to the car ferential between regular glass ana Commission, service and per diem agreement under safety glass; . o [ seal] R. D. Pfahler, the terms of that agreement; and that it (3) Extent of use of safety glass in Agent. be filed with the Director, Office of the doors, windows, and wall panels today, [F.R. Doc. 68-14958; Filed, Dec. 13, 1968; Federal Register. (4) Liability of manufacturers, archi­ 8:48 a.m.] tects, and builders for injuries caused oy Issued at Washington, D.C., Decem­ ber 11,1968. glass used in. homes and the effect ot [S.O. 1002; Car Distribution Direction No. 18; I nterstate Commerce such civil liability in promoting safety; Amdt. 2] Commission, (5) Existing and proposed measures SEABOARD COAST LINE RAILROAD [ seal] R. D. P fahler, to reduce or eliminate injuries caused by Agent. CO., ET AL. glass used in the home; and [F.R. Doc. 68-14957; Filed, Dec. 13, 1968; (6) Position of Government, the hom Car Distribution 8:48 a.m.] building industry, glass and sliding door Upon further consideration of Car Dis­ manufacturers and others on existing tribution Direction No. 18 (Seaboard [S.O. 1002; Car Distribution Direction No. and proposed methods of reducing or Coast Line Railroad Co.; Louisville & 15—A] Nashville Railroad Co.; Chicago & East­ eliminating injuries. ern Illinois Railroad Co.) and good cause SOUTHERN PACIFIC CO., AND CHI­ Interested persons are invited to a - appearing therefor: CAGO, ROCK ISLAND & PACIFIC tend and participate by the submission It is ordered, That: RAILROAD CO. of written statements. Such statemen Car Distribution Direction No. 18 be, Car Distribution should be furnished to the Commissio and it is hereby amended by substitut­ at its office, 1016 16th Street NW„ Wash­ Upon further consideration of Car ing the following paragraph (4) for para­ ington, D.C. 20036, not later than Janu- graph (4) thereof: Distribution Direction No. 15 (Southern

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 NOTICES 18601 ary 7,1969. Such statements will be made their proposed testimony by January 7, specifying the proposed subject of their a part of the record of the hearings and 1969. The Commission will attempt to testimony and group affiliation, if any. will be available for inspection by the grant such requests to the extent time public. permits. Dated: December 11, 1968. Interested persons desiring to offer Persons desiring to furnish oral testi­ Arnold B. Elkind, oral testimony at these hearings should mony or to submit statements at subse­ Chairman. advise the Commission and file written quent Commission hearings are invited statements setting forth the substance of [F.R. Doc. 68-15037; Filed, Dec. 13, 1968; to so advise the Commission in writing, 8:49 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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

3 CFR Page Page 7 CFR— Continued 14 CFR—Continued Page Proclamation: Proposed R ules— Continued Proposed R ules : 3882______18343 905----_------—------____ 18582 71------18046, Executive O rders : 917 ------18381 918 ------18495 18047, 18198, 18199, 18301, 18448 5889 (revoked in part by PLO 18495. 4541)—_------18493 947 ------____ 18282 948 ------1849575------18047, 18199 11232 (revoked by EO 11437) __ 17945 121------17923 11352 (revoked by EO 11437) __ 17945 1030_------_:------18282 123------____ 17923 11361 (revoked by EO 11437) — 17945 1047------____ 18282 1049___------18282183------i 8200 11372 (revoked by EO 11439) __ 18257 298------18589 11436— ______17943 1061----- _____;------___ 18158 11437 ------_____ 17945 1068------_____------18181 15 CFR 11438 -- 18085 1104------18582369------11439 -- 18257 1106—------____------18239 11440—,------_i.------:____ 18475 373—____------______------____ 18278 9 CFR Proposed R ules : 4 CFR 72------_------18089 7------17921 B p !-----—— ——------— ______18429 1000------— ------18041 53 74 ------18276 18429 16 CFR 54------184-29 97—------_,—------18573 Proposed R ules: 13------___ i7899j 5 CFR 145_;------_____------18445 17900, 18151-18153, 18368-18371, 18575. 213__ 18225 146 ------18445 294...... 17947 147 ------___ 18445 17 CFR 7 CFR 12 CFR 1 ------b------— — — 17900 231------17900, 18576 52____ 18225 556— ------—_------;_____ 18229 271—______—,------i8576 210 _ .18006 Proposed R ules: 354____I Proposed R ules : 18580 545—___------18240 401__ 240______18051 18273 18274 561—.___------—— — 18102 7l7__ 18345 275. 18051 725__ 18225 728__ 17881 18580 13 CFR 18 CFR 729_ 18351 119------______18276 1_—------— ...... 18435 811___ 18087 Proposed R ules : 14 ------1------17901 831__ 18366 121------i ------18393 620------„ _ 18012 I f ------17893, 18226, 18227,T842~9_ 18430 P roposed R ules: 907------—— ------17894; 18275 14 CFR 50— ------18448 9?0 18087, 18430 160------______18448 ■ p -i-----'------17894, 18228, 18581 39——__ 17895, 18134, 18259, 18367, 18433 18581 71—------19 18009, CFR 929 18228 18010, 18089, 18134, 18135, 18259, 4—------18436 Ü S —S 9 Ü 9 D 18088 18477,18478. 18366 8 ------18479 982 S H i — wm— m m 18431 75 - 18010, 18135 12------18577 n01_IIIZZIZZZZI I ------* 18228 91------18433 17----- gg------18437 93—______------______17896 18 1443------18088_’ 184~31~ 18432 18437 18133 95------______18229 31—------1------18479 18432 97------18136, 18260 18009 20 CFR 1472____ “— 151------______18434 18009 404------17902, 18012 Proposed R ules : 159------___------______18367 Proposed R ules: 26__ ; 201------18434 51__ — - 18379 202—______18010 405------18587 18040 5 8 _,___ 18379 298—— ------18231, 18234 21 CFR 68__ jp B r " “ ~ 18380 302—------_____ 18011 724__ 18378 401_------.------I 18435 8— ------— ------18577 812 m 27—p------— — ------17902 18040 1240_------18574 37—------18486

FEDERAL REGISTER, VOL. 33, NO. 243— SATURDAY, DECEMBER 14, 1968 18602 FEDERAL REGISTER 41 CFR—Continued Page 21 CFR—Continued page 29 CFR—Continued page 51 ______I ______18089 699______1 4 -2 _____ 18025_____ — ______18579 120_I______18090, 18372, 18578 720-______M___ — ______18025 1 4 -7 ____ -______18579 121 __ 17902,18372, 18373, 18487, 18488 721_ C h . 18492 18— ______17949 138— ------18090 723————______18578 1 0 1 -1 1 -______18281 141______18091, 18488 1604______1 0 1 -218259 6 — ______18281 146c______18373 1 0 1 -3 5 ______m ------17917 148x_____ }___ ------18488 31 CFR 330______— — ------—------18334 42 CFR 22 CFR 81— — ______—_____ 18031 10______18542 32 CFR P roposed R ules: 122 _____ 18374 15 ______- ____ 18492 7 3 — ______17921,18586 208______- ______18153 174______18237 807______- ______S----- 17906 43 CFR 23 CFR 825a______- ______17907 2410______— 18493 888b______§2______18093 P roposed R ules: Public Land O rders : 275______18382 32A CFR 1726 (see PLO 4542)------18493 4540 ______—------18237 24 CFR OIA (Ch. X ) : 4541 ______18493 Ch. IV— ___ — — ------17903 Reg. 1______——— ------18374 4542 ___ —______18493 Proposed R ules: 1600_____ —- _____ ——------18374 4 5 4 3 — ______— ______l______18580 OIA (Ch. X ) : 4550 (corrected) __— ------18157 25 CFR Reg. 1------18377 41______18154 44 CFR P roposed R ules: 33 CFR 401______1______— ------— ■— 17918 151 18582 110 - 17914, 18237, 18279, 18437, 18438 708__ i______18099. 221______— 18377 117____18154-18156, 18439, 18579 204— ______J------— 18155 45 CFR 26 CFR 207 ______L------18155 5______I ______18030 208 ______— ---- 18440 31_____ ——------18013 125_____ 18030 178______18555 P roposed R ules: 301____— ------18013 36 CFR 18587 7 ______— 18156 300 _- ___ P roposed R ules: 301 _ 18587 18034,18039 221____ —______§L______18026 18587 1______231— ______——------18440 307______350— _____ 18587 28 CFR P roposed R ules: 407— ___ - 18045 0______18236, 18237 7______18239, 18444 47 CFR 29 CFR 38 CFR no ___ —————— 18032 >74 ______18032 601-______jbj g j f ~ 18023 0 ______18375 602- ______18023 1 ______1______18579 P roposed R ules: 603— ______— 18023 6~ — ______17914 2 i ______18048 604— ______18023 8 1 ____ — ______- 17914 73______;_____ 18048, 18050,18448 606______------— 18023 17 ______:__ _ 18376 608______- ______18023 36— — . _____ ------18026 49 CFR 609------— 18023 . 17918 39 CFR 171____ fejj 610______- _____ — 18023 173______»17918 611— — — ____ - ______18023 127-,___ 18440 174—______- . 17918 612 _!______- ______— 18023 135____ S jf------18156 175______. 17918 613 ______- ______18023 145_ __ - - ______18157 . 17918 614______;______18024 176— ------152______18237 177______. 17918 615 ______18024 153— ______18157 178— _\------.17918 616 _— ______— — 18024 154______—— ___— ---- 18157 . 17918 179— ------619______18024 155— __|______—— ------18157 . 17918 657— ______18024 180___ —------166— — ______18157 . 17919 661_____ !______— 18024 812______18027 1033-___ 670 ______— ------18024 821______18028 P roposed R ules: 671 ______18024 18393 822______18028 1048______I 672 ______18024 18590 1056-______fc 18496 673 ____ 18024 41 CFR 1203______— 675— ______18024 4-50______—------17916 677______;____ 18025 5A -1______--- 18279 50 CFR 6781______18025 5A-16 ______—------— 18279 — 18033, 18100,18376 683------18025 32 ______— 5A-72------18279 33 _ 18033, 18100,18442,18443 687 ___— ______I______— 18025 5A-73______18280 P roposed R ules: 688 ______—— ______18025 8_l __ £ ______17948 18239 689—____ — ...______— ------18025 8-74 17948 240— ------17920 258—___ — 690— ___—_____ 3 ______18025 12B-1— _____ — — 17917

government er? or ^ m a ® on KNOW YOUR nannal GOVERNMENT 1908 1969

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. - .. . . iajLr.Jl This handbook is an indispensable reference tool for teachers, librarians, researchers, scnoiar , lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions ot tne Federal Government.

© ® per copy. Paperbound, with charts D.C. 20402. Order from Superintendent of Documents, U.S , Government Printing Office, Washington,