FEDERAL REGISTER VOLUME 31 • NUMBER 135

Thursday, July 14,1966 • Washington, D.C. Pages 9533-9585 (Part II begins on page 9579)

Agencies in this issue— The President Agency for International Development Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Civil Service Commission Consumer and Marketing Service Delaware River Basin Commission Education Office Farm Credit Administration Federal Aviation Agency Federal Communications Commission Federal Crop Insurance Corporation Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Indian Affairs Bureau Internal Revenue Service Interstate Commerce Commission Land ManagemeijJ Bureau Patent Office Post Office Department Securities and Exchange Commission Social Security Administration Detailed list of Contents appears inside.

No. 135—Pt. I__ l Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the “List of Sections Affected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been expressly affected by documents published in the daily Federal Register are enumerated. Reference to this list will enable the user to find the precise text of CFR provisions which were in force #nd effect on any given date dur­ ing the period covered.

Price $6.75

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

FFDFRA1 JJARFliKTFR Published dally, Tuesday through Saturday (no publication on Sundays, M ondays, or 1 JL1I on the day after an official Federal holiday), by the Office of the Federal Register, National Area Code 202 Phone 963-3261 Archives and Records Service, General Services Administration (mail address National _ , ^O/viTEO^ Archives Building, Washington, D.O. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26. 1935 (49 Stat. 600, as amended; 44 U.S.C., ch. 8B), under regulations prescribed by the Admin- istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the'Superintendent of Documents, Government Printing Office, Washington, D.C; 20402. The F ederal Register will be furnished by maU to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additions! group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The regifiatory material appearing herein is keyed to the Code of F ederal Regulations, which is published, under 50 titles, Pur* suant to section 11 of the Federal Register Act, as amended. The Code of F ederal Regulations is sold by the Superintendent oi 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 Register or the Code of F ederal Regulations. Contents

Notices FEDERAL CROP INSURANCE THE PRESIDENT Geophysics Series; revision of CORPORATION m inim um educational require­ PROCLAMATION ments______9554 Captive Nations Week, 1966------9537 Rules and Regulations Grain sorghum; crop insurance, COMMERCE DEPARTMENT 1961 and succeeding crop years; EXECUTIVE AGENCIES See Patent Office. endorsement______9545 AGENCY FOR INTERNATIONAL CONSUMER AND MARKETING FEDERAL HOME LOAN BANK DEVELOPMENT SERVICE BOARD Rules and Regulations Notices Rules and Regulations List of ineligible suppliers------9554 Peaches: Colorado; grades and sizes------9547 Statements of policy; hazard in­ Washington; shipments limita­ surance______9539 AGRICULTURAL RESEARCH tion______9547 SERVICE Notices FEDERAL MARITIME Rules and Regulations Certain humanely slaughtered COMMISSION Mediterranean fruit fly; emer- , livestock; identification of car­ Notices gency regulation to prevent casses; list of establishments— 9557 dissemination------9544 Ceylon/U.S.A. Conference Agree­ ment; admission, withdrawal DELAWARE RIVER BASIN and expulsion provisions; show AGRICULTURAL STABILIZATION COMMISSION cause order______9562 AND CONSERVATION SERVICE Presto Shipping Agency, Inc,; Notices compliance with show cause Rules and Regulations Comprehensive Plan; public hear­ order.______9563 Land use; cropland adjustment ing ______- 9555 program, 1966 through 1969___ 9545 Sugar, continental; requirements, EDUCATION OFFICE FEDERAL POWER COMMISSION quotas and deficits for 1966___ 9546 Notices Wheat; determination of prelimi­ Notices nary allotments for old farms Financial assistance for educa­ Hearings, etc.: tional television; applications El Paso Natural Gas Co______9563 for 1967 and subsequent crops; Pan American Petroleum Corp. correction.______9545 accepted for filing______— 9575 et al______9565 Notices FARM CREDIT ADMINISTRATION South Georgia Natural Gas Co_ 9564 Director or Acting Director, Kan­ Sun Oil Co. et al______9564 sas City ASCS Commodity Of­ Notices United Fuel Gas Co______9564 fice; authority delegation_____ 9557 Governor of FCA; officials to act in his stead______- ______9557 FISH AND WILDLIFE SERVICE AGRICULTURE DEPARTMENT FEDERAL AVIATION AGENCY Rules and Regulations See also Agricultural Research Service; Agricultural Stabiliza­ Proposed Rule Making Whiting, frozen headless dressed; tion and Conservation Service; Control zones and transition U.S. standards for grades_____ 9542 Consumer and Marketing Serv­ areas; alterations (2 docu- Notices ice; Federal Crop Insurance ments)______9549, 9550 “Margaret F.” Corp.; loan appli­ Corporation. Transition area; alteration_____ 9549 cation______9553 Rules and Regulations FEDERAL COMMUNICATIONS Conduct and responsibilities of FOOD AND DRUG employees; use of vehicles____ 9544 COMMISSION ADMINISTRATION Notices Proposed Rule Making Georgia; designation of areas for Frequency allocations and radio Rules and Regulations emergency loans______9561 treaty matters______9550 Certain hallucinogenic drugs; con­ Standard broadcast services; ditions for investigational use_ 9540 ATOMIC ENERGY COMMISSION standard method in lieu of ex­ isting MEOV concept______9552 Rules and Regulations Table of assignments, television GENERAL SERVICES Organization ; other committees, broadcast stations: ADMINISTRATION boards and panels______9539 Fayetteville, Ark______9551 Notices Newport, Oreg______9551 Rules and Regulations University of New Mexico; issu­ Notices Property management: ance of construction permit___ 9566 Agency use of GSA stock------9541 Standard broadcast applications Sale, abandonment, or destruc­ ready and available for proc­ tion of personal property; CIVIL SERVICE COMMISSION essing______!______9556 Hearings, etc.: miscellaneous amendments_ 9542 Rules and Regulations Bay Broadcasting Co______9557 Stock replenishment; GSA Excepted service: Lunde Corp. and KASI Iowa, handbook reference and use Commerce Department______9539 Inc______9557 of economic purchase quantity menor Department______9539 Tinker, Inc______„______9556 principle______9541 (Continued on next page) 9535 9536 CONTENTS

HEALTH, EDUCATION, AND INTERSTATE COMMERCE SECURITIES AND EXCHANGE WELFARE. DEPARTMENT •' ligi -• COMMISSION COMMISSION See Education Office; Food and Notices Notices Drug Administration; Social Fourth section application for Hearings, etc.: Security Administration. relief______9573 Cisco Group, Inc______9565 Motor carrier: Continental Vending Machine INDIAN AFFAIRS BUREAU Broker, water carrier and Corp------9565 freight forwarder applica­ Great American Industries, Inc_ 9566 Notices tions ______9567 Pinal County Development As­ Superintendent, Red Lake Agency; Temporary authority applica­ sociation ______9566 tions.______9573 authority delegation______9553 Transfer proceedings______9575 SOCIAL SECURITY ADMINISTRATION INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU Notices Rules and Regulations See Fish and Wildlife Service; Idaho; filing of protraction dia­ Supplementary medical insurance Indian Affairs Bureau; Land grams______,__ 9553 benefits for the aged______9580 Management Bureau. Oregon; proposed classification of public lands for retention for STATE DEPARTMENT INTERNAL REVENUE SERVICE multiple use management_____ 9553 See Agency for International Development. Proposed Rule Making PATENT OFFICE Rules and Regulations Income taxes; transfer to corpo­ Patent cases; declaration in lieu TREASURY DEPARTMENT ration controlled by transferor- 9549 of application oath______9540 See Internal Revenue Service. POST OFFICE DEPARTMENT Rules and Regulations Second class bulk mailing, and third class; new applicants for original entries_____!______9540

List of CFR Parts Affected (Codification Guide) '

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. H : A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1966, and specifies how they are affected.

12 CFR 37 CFR 3 CFR I______9540 P roclamation: 571______9539 3732______— ______9537 14 CFR 39 CFR P roposed R ules: 16 __ ___ 9540 5 CFR 71 (3 documents)______9549, 9550 24 9540 213 (2 documents)------9539 20 CFR 41 CFR 7 CFR 405______9580 101 26 . 9541 0 ______- ______9544 101 27 9541 331______- ______9544 21 CFR 101-45 _ 9542 401______9545 3 ______X-______9540 728______- ______9545 47 CFR 751______9545 26 CFR 811______9546 P roposed R ules: P roposed R ules: 9 9550 919______9547 1 ______r______9549 9551,9552 921___ 9547 73 (3 documents)------10 CFR 50 CFR 9542,9543 1 ______9539 271 (2 documents)------/ Presidential Documents

Title 3— THE PRESIDENT Proclamation 3732 CAPTIVE NATIONS WEEK, 1966 By the President of the United States of America A Proclamation WHEREAS the joint resolution approved July IT, 1959 (73 Stat. 212), authorizes and requests the President of the United States of America to issue a proclamation each year designating the third week in July as “Captive Nations Week” until such time as freedom and independence shall have been achieved for all the captive nations of the world; and WHEREAS freedom and justice are the inalienable rights of all peoples; and WHEREAS these basic rights are presently denied to many peoples throughout the world; and WHEREAS the United States of America, from its founding as a nation, has firmly subscribed to the principles of national inde­ pendence and human liberty; and WHEREAS, in keeping with this tradition, it remains an essential purpose and a fundamental policy of the United States of America to sustain these principles and to encourage their realization by all peoples: NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby designate the week beginning July 17, 1966 as Captive Nations Week. I invite the people of the United States of America to observe this week with appropriate ceremonies and activities, and I urge them to give renewed devotion to the just aspirations of all people for national independence and human liberty. IN WITNESS WHEREOF, I have hereunto set_my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this eighth day of July in the year of our Lord nineteen hundred and sixty-six, and of [seal] the Independence of the United States of America the one hundred and ninety-first. L yndon B. J ohnson By the President: George W. B all, Acting Secretary of State. [F.R. Doc. 66-7714; Filed, July 12, 1966 ; 2:44 p.m.]

FEDERAL REGISTER, V O L 31, NO. 135— THURSDAY, JULY 14, 1966

9539 Rules and Regulations

(13) Labor Management Advisory § 213.3312 Department of the Interior. Title 10— ATOMIC ENERGY Committee; * * * * * (14) Advisory Committee on Techni­ Chapter I— Atomic Energy (b) Office of the Solicitor. * * * cal Information; (4) Six Associate Solicitors. Commission (15) Personnel Security Boards; (16) The Technical Information * * * * * PART 1— STATEMENT OF ORGANIZA­ Panel; (R.S. 1753, sec. 2, 22 Stat. 403, as amended; TION, DELEGATIONS, AND GEN­ 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, (17) Technical Advisory Panel on 3 CFR, 1954-1958 Comp., p. 218) ERAL INFORMATION Peaceful Use Safeguards; (18) Standing Committee on Con­ U nited S tates Civil S erv­ Other Committees, Boards, and Panels trolled Thermonuclear Research; ice Commission, Notice is hereby given of the amend­ (19) Advisory Panel on Safeguarding [seal] M ary V. W enzel, " ment of the Statement of Organization, Special Nuclear Material. Executive Assistant to Delegations, and General Information of (Sec. 161, 66 Stat. 948, as amended; 42 U.S.C. the Commissioners. the U.S. Atomic Energy Commission, 10 2201; and sec. 3, 60 Stat. 238; 5 U.S.C. 1002) [F.R. Doc. 66-7667; Filed, July 13, 1966; CFR Part 1, published in the F ederal Dated-at Germantown, Md., this 7th 8:48 a.m.] Register on December 29, 1961 (26 F.R. day of July 1966. 12729-12745), as amended. This document amends the section For the Atomic Energy Commission. which identifies committees, boards, and W. B. McCool, Title 12— BANKS AND BANKING panels established by the Commission Secretary. pursuant to section 161a of the Atomic Chapter V— Federal Home Loan Bank Energy Act of 1954, as amended. [F.R. Doc. 66-7625; Filed, July 13, 1966; Board Because this amendment relates to 8:45 a.m.] matters of internal management, gen­ SUBCHAPTER D— FEDERAL SAVINGS AND LOAN eral notice of proposed rule making and INSURANCE CORPORATION public procedure thereon are un­ [No. FSLIC—2,685] necessary. Title 5— ADMINISTRATIVE Pursuant to the Atomic Energy Act of PART 571— STATEMENTS OF POLICY 1954, as amended, the Administrative PERSONNEL Hazard Insurance Procedure Act of 1946, and 1 CFR 17.2, Chapter I— Civil Service Commission the following amendment of 10 CFR J uly 7, 1966. Part 1 is published as a document sub­ PART 213— EXCEPTED SERVICE Resolved that, the Federal Home Loan ject to codification to be effective upon Department of Commerce Bank Board, upon the basis of considera­ Publication in the F ederal R egister. tion by it of the advisability of stating Section 1.242, paragraph (à) (11) is Section 213.3314 is amended to show and codifying its policy concerning the revised and paragraphs (a) (17), (18), that the position of the Patent Office is maintenance by institutions insured by and (19) are added. As amended sec- in Schedule C. Effective on publication the Federal Savings and Loan Insurance uon 1.242 reads as follows: in the F ederal R egister, subparagraph Corporation of insurance policies insur­ (4) is added under paragraph (h) of § 1.242 Other committees, boards, and ing the property securing each loan made panels. section 213.3314 as set out below. or purchased by such institution against § 213.3314 Department of Commerce. the hazards to which improved real estate (а) Additional committees, boards, ***** is commonly subject, hereby amends Part ana panels have been established by the 571 of the rules and regulations for In­ commission pursuant to section 161a of (h) Patent Office. * * * (4) Solicitor. surance of Accounts (12 CFR Part 571) atomic Energy Act of 1954, as by adding immediately after § 571.3 a amended, as follows: ***** new § 571.4, to read as follows: a Advisory Committee on Isotopes (R.S. 1753, sec. 2, 22 Stat. 403, as amended; an0 Radiation Development; 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, § 571.4 Hazard insurance. cials • Advisory Committee of State Offi- 3 CFR, 1954—1958 Comp., p. 218) .. (a) Each- institution insured by the U nited S tates Civil S erv­ Federal Savings and Loan Insurance (3) Advisory Committee for Standard ice Commission, Conjuration has been required to include in its loan contracts provisions which re­ MSreme“ ?18™13 and Methods °‘ [seal] Mary V. Wenzel, Executive Assistant to quire the maintenance of such hazard the Commissioners. insurance as will protect the institution °n McdIOal from loss in the event of damage to or share^.Advisory Committee on Plow- [F.R. Doc. 66-7666; Filed, July 13, 1966; destruction of the real estate securing 8:48 a.m.j the institution’s loans. (б) Advisory Committee for Biology (b) It is incumbent upon the institu­ and Medicine; tion to determine that specific provisions (7) Advisory Committee on Reactor PART 213— EXCEPTED SERVICE Physics; of each hazard insurance contract insur­ Department of the Interior ing the security property name and pro­ /q\ Committee of Senior Reviewers; Section 213.3312 is amended to show tect the institution as mortgagee in an Group* uc*ear Cross Sections Advisory that an additional position of Associate amount at least equal to its insurable in­ Solicitor in the Office of the Solicitor, terest in the security and cover such Advisory Committee; Department of the Interior, is excepted perils as are commonly covered in policies ence. p ltatheinatics and Computer Sci- under Schedule C. Effective on publica­ described as “Standard Fire and Ex­ H9^ rch Advisory Committee; tended Coverage” as well as such other tion in the F ederal R egister, subpara­ perils as to which institutional lenders Board; rS°nnel Security Review graph (4) of paragraph (b) of section operating in the same area commonly re­ 213.3312 is amended as set out below. quire hazard insurance.

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9540 RULES AND REGULATIONS '(c) In conducting examinations of in­ vance approval by the Commissioner of (Sec. 1, 66 Stat. 793, 35 U.S.C. 6; sec. 1, 78 sured institutions, examiners for the Food and Drugs on the basis of a Notice Stat. 171, 35 U.S.C. 25) Board will review each institution’s files of Claimed Investigational Exemption Dated: June 29, 1966. for a New Drug (form FD 1571) justify­ for evidence, in the form of individual E dward J. B renner, insurance policies, memoranda of in­ ing such studies. Commissioner of Patents. surance or blanket policies satisf actory (2) For tests in vitro or in laboratory to the institution, to determine that such research animals until a proposal for Approved: June 30, 1966. insurance is in force. such studies has had advance approval J. Herbert Holloman, (Secs. 402, 403, 48 Stat. 1256, 1257, as by the Commissioner on the basis of the Assistant Secretary for Science amended; 12 U.S.C. 1725, 1726. Reorg. Plan submission of complete information de­ and Technology. No. 3 of 1947, 12 P.R. 4981, 3 CFR, 1947 Supp.) scribing the purpose, design, and extent of the intended studies, the qualifications [P.R. Doc. 66-7627; Piled, July 13, 1966; By the Federal Home Loan Bank and facilities of the investigator, and the 8:45 a.m.] Board. source and shipper of the drug. [seal] Harry W. Cattlsen, (3) For clinical investigations in Secretary. animals until a proposal for such studies [P.R. Doc. 66-7649; Filed, July 13, 1966; has had advance approval by the Com­ Title 39— POSTAL SERVICE 8:47 a.m.] missioner on the basis of information Chapter I— Post Office Department submitted pursuant to § 130.3a(b) of this chapter, including the qualifications and PART 16— SECOND CLASS BULK facilities of the investigator and the MAILINGS Title 21— FOOD AND DRUGS source and shipper of the drug. (b) This statement of policy applies PART 24— THIRD CLASS Chapter I— Food and Drug Adminis­ to all shipments, deliveries, or other dis­ New Applicants for Original Entries tration, Department of Health, Edu­ positions of the drugs specified in para­ cation, and Welfare graph (a) of this section after July 14, I. In- § 16.3, the first paragraph of the 1966. note following paragraph (b) (9) is re­ SUBCHAPTER A— GENERAL vised for clarification and to add a stip­ PART 3— STATEMENTS OF GENERAL (Secs. 505, 511(b), 701(a), 52 Stat. 1052, as ulation that extensions of time will not amended, 1055; 79 Stat. 229; 21 U.S.C. 355, be granted to new applicants for original POLICY OR INTERPRETATION 360a(b),371(a)) second-class entries filed after July 7, Certain Hallucinogenic Drugs; Con­ Dated: July 11,1966. » ' 1966. As so revised the first paragraph ditions for Investigational Use of the note following paragraph (b) (9) J ames L. Goddard, now reads: There has been a marked increase in Commissioner of Food and Drugs. the illegal distribution and use of LSD § 16.3 Mailing. (d-lysergic acid diethylamide). The [P.R. Doc. 66-7711; Piled, July 13, 1966; * * * * * misuse of this drug has been associated 8:49 a.m.] (b) Copies for same post office or with serious side effects, including serious State 4s 4s ♦ mental changes, psychotic manifesta­ (9) Unauthorized labels. Sacks with tions, nervous breakdowns, and suicidal unauthorized labels, tags or markings tendencies that have resulted in perma­ Title 37— PATENTS, TRADE­ are not acceptable for dispatch. nent physical and mental injuries to in­ MARKS, AND COPYRIGHTS Note: Effective January 1, 1967, para­ dividuals. DMT (dimethyltryptamine), graph (b) will read as set out in the next mescaline and its salts, psilocybin, and Chapter I— Patent Office, Department and succeeding paragraphs: (Under the con­ psilocyn have not been as extensively dition set out in this paragraph, an appro­ distributed, publicized, or used as LSD, of Commerce priate extension of time will be granted a but have the same potential for abuse PART 1— RULES OF PRACTICE IN mailer in which to come into compliance and resultant harm. In view of the fore­ with the new requirements of paragraph (b) going, the Food and Drug Administra­ PATENT CASES which will be in effect on January 1, 1967. To obtain an extension, the mailer must tion considers that it is in the public in­ Declaration in Lieu of Application terest to take additional steps to assure show that: (1) He is unable without undue Oath; Correction hardship and for causes not reasonably that the distribution and use of these within his control to achieve compliance drugs are limited to adequately justified To avoid confusion which may result with these regulations, and (2 ) he has made research. from omission of the reference to appli­ a substantial and good faith effort to bring Therefore, pursuant to the provisions cations for plant patents in § 1.68(b) as his mailings into compliance with these of the Federal Food, Drug, and Cosmetic regulations. No application for extension printed in the F ederal R egister of May will be accepted with respect to a pnbn^ Act (secs. 505, 511(b), 701(a), 52 Stat. 19,1966 (31 F.R. 7284, F.R. Doc. 66-5448), tion for which application for original entry 1052, as amended, 1055; 79 Stat. 229; 21 the correct version of that section was made after July 7, 1966. The mailer^ U.S.C. 355, 360a(b), 371(a)) and under follows: request in writing for an extension, accom­ the authority delegated to the Commis­ panied with supporting documentation, sioner of Food and Drugs by the Secre­ § 1.68 Declaration in lieu of application must be submitted to the postmaster wher tary of Health, Education, and Welfare oath. mailing^ are made. The postmaster wi (21 CFR 2.120; 31 F.R. 3008), Part 3 is * * * * y, * submit the request to his Regional Direc amended by adding thereto the following (b) A written declaration by the ap­ new section: plicant satisfying the foregoing condi­ ***** § 3.47 DMT, LSD, mescaline and its tions, may also be used in lieu of an oath Note: The corresponding Postal Manual salts, psilocybin, and psilocyn; con­ when presenting a claim for matter not section is 126.329. ditions for investigational use. originally claimed (§ 1.67), when apply­ n. In § 24.4, the first paragraph of the (a) No person may sell, deliver, oring for a reissue patent (§§ 1.171 and note following paragraph (b) (7) is re­ otherwise dispose of DMT (dimethyl­ 1.172), when applying for a patent for vised for clarification and to add a si p- tryptamine) , LSD (LSD-25, d-lysergic a design (§§ 1.151 and 1.153), when ap­ ulation that extensions of time will n acid diethylamide), mescaline and its plying for a patent for a plant (§§ 1.161 be granted to new applicants for oriiP“ salts, psilocybin (psilocibin), and psilocyn and 1.162), and when filing a statement second-class entries filed after July > (psUocin): concerning the making or conception of 1966. As so revised the first P^srap (1) For clinical testing in man untilthe invention as required by 42 U.S.C. of the note following paragraph (o> a proposal for such studies has had ad­ 2182, or by 42 U.S.C. 2457(c). now reads:

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 RULES AND REGULATIONS 9541

§ 24.4 Preparation-—payment of post­ originating outside the United States but § 101—26.303—3 Exceptions. age. which are required to be procured within Standards forms, office furniture, and * * * * * the United States. blind- and prison-made items which are (b) Bulk mailings. * * * Sections 101-26.300, 101-26.301, and temporarily out-of-stock will be back­ (7) Special services. The registry, in­ 101-26.303-3 are revised to read as ordered in all cases and notification fur­ surance, special delivery, certified, and follows; nished as to the expected delivery date. COD services may not be used for third- § 101—26.300 Scope of subpart. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) class matter mailed at bulk rates. Note: Effective January 1, 1967, § 24.4(b) This subpart prescribes policy and Effective date. This regulation is ef­ (5) through (7) will be deleted and new procedures governing the procurement fective upon publication in the F ederal paragraphs (c) and (d) will read as set out by agencies of items of supply stocked by R egister. in the next and succeeding paragraphs: GSA, including reporting and obtaining (Under the condition set out in this para­ adjustments for overages, shortages, and Dated: July 7,1966. graph, an appropriate extension, of time will damages. J. E. Moody, be granted a mailer in which to come into Acting Administrator compliance with the new requirements of § 101—26.301 Applicability. of General Services. new paragraph (c) which will be in effect on January 1, 1967. To obtain an extension, All executive agencies within the [P.R. Doc. 66-7682; Piled, July 13, 1966; the mailer must show that (1 ) he is unable United States (including Hawaii and 8:49 a.m.] without undue hardship and for causes not Alaska) shall procure from GSA their reasonably within his control to achieve requirements of stock items available compliance with these regulations, and (2 ) from GSA supply distribution facilities, PART 101-27— INVENTORY he has made a substantial and good faith effort to bring his mailings into compliance . including requirements for items which MANAGEMENT with these regulations. No application for originate outside the United States but extension will be accepted in connection with which are required, by agency instruc­ Subpart 101—27.1— Stock a permit for which application was made tion or otherwise, to be procured in the Replenishment after July 7, 1966. The mailer’s request in United States, except as provided in this writing for an extension, accompanied with § 101-26.301 and as may be otherwise GSA Handbook R eference and U se of supporting documentation, must be sub­ Economic P urchase Quantity P rinciple mitted to the postmaster where mailings are specifically authorized. (Items available made. The postmaster will submit the re­ from GSA stock, including GSA self- Subpart 101-27.1 is amended to reflect quest to his Regional Director for a decision.) service stores, are listed or described in a change in title and a revision of the * * * * * GSA stock catalogs which are promul­ handbook concerning the economic order gated by the Commissioner, FSS.) Fed­ quantity principle and to provide for the Note: The corresponding Postal Manual section is 134.427. eral agencies not required to procure application of the economic purchase stock i terns from GSA are encouraged to quantity principle in § 101-27.102. The foregoing regulations are being do so. Section 101-27.102 is amended by the adopted effective upon their publication (a) Except for standard forms, the revision of § 101-27.1Q2-2 and the addi­ in the Federal R egister. As time is of Department of Defense (DOD) will use tion of § 101-27.102-3(c) as follows: the essence in order to allow the maxi­ this source of supply for all items which mum time for the making and processing have been identified as GSA supply sup­ § 101-27.102-2 Guidelines. of applications for extension, advanced port items pursuant to GSA/DOD agree­ Guidelines for development of appro­ notice and public rule making procedure, ments. DOD requirements for standard priate implementation of the EOQ prin­ as well as a delayed effective date, are forms are obtained as provided in § 101- ciple of stock replenishment are described impracticable and contrary to the public 26.302. in the GSA Handbook, The Economic interest. (b) Procurement may be made from Order Quantity Principle and Applica­ (R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. other sources when the item is available tions, issued by the Commissioner, Fed­ 501, 4451-4453) only from regional offices other than the eral Supply Service, GSA. The hand­ T imothy J. May, one serving the ordering activity or is in book is identified under Federal stock General Counsel. FSC Group 89 (subsistence) and required number 7610-543-6765 in the GSA Gen­ J uly 13,1966. for use in Alaska or Hawaii. eral Stores Stock Catalog and copies may (c) Procurement of items from other be ordered in the same manner as other (P.R. Doc. 66-7736; Piled, July 13, 1966; sources may be made in cases of public items in that catalog. In addition, the 10:03 a.m.] exigency. (See § 1-3.202 for examples of handbook will be available to the public public exigency cases when time or cir­ from the Government Printing Office, cumstances may not permit obtaining Superintendent of Documents, Washing­ Title 41— PUBLIC CONTRACTS the item from GSA.) ton, D.C.20402. (d) Small purchases other than those § 101—27.102—3 Limitations on use. made as a result of public exigency may * I * He He AND PROPERTY MANAGEMENT be made at the site of work or point of need in satisfaction of day-to-day re­ (c) When quantity purchase discounts Chapter 101— Federal Property quirements that cannot be foreseen. or volume transportation rates will pro­ Management Regulations 5uch purchases shall be made in ac­ duce savings greater than the increased cordance with § 1-3.6 and the quantities variable costs involved in procurement SUBCHAPTER E— SUPPLY AND PROCUREMENT procured shall not exceed immediate and possession, the economic purchase quantity (EPQ) principle shall be used part 101-26— PROCUREMENT needs. (e) When the following sources are as described in the GSA Handbook, The SOURCES AND PROGRAMS utilized, procurement may be made with­ Economic Order Quantity Principle and Applications. Subpart 101-26.3— Procurement From out recourse to GSA: (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) GSA Stores Stock )(1) Contracts for marginally punched forms issued by the Government Printing Effective date. This regulation is ef­ Agency Use of GSA S tock Office (GPO), or the GPO for blank fective upon publication in the F ederal paper and envelopes for delivery in the R egister. interest of simplification an District of Columbia, as shown in the sinnc£noSi language, certain provi GPO catalog. (However, orders for Dated: July7,1966. bin ph n ®?kpart 101-26.3 have been com marginally punched standard forms J. E. Moody, In others have been eliminatec must be routed through GSA in accord­ Acting Administrator in statement has been adde ance with § 101-26.302.) of General Services. is anniT ¿ 01 to clarify that the secti0] (2) Federal Sqpply Schedule con­ [P.R. Doc. 66-7683; Piled, July 13, 1966; p cable to agency requirement tracts. 8:49 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 No. 135—Pt. I- -2 9542 RULES AND REGULATIONS

SUBCHAPTER H— UTILIZATION AND DISPOSAL to the Department of Justice as pro­ or proposal for a contract which requires vided in § 101-45.107-1. performance or delivery outside the United PART 101-45— SALE, ABANDON­ States, its possessions, and Puerto Rico. Subpait 101—45.49— Illustrations (d) A bid or proposal will not be con­ MENT, OR DESTRUCTION OF PER­ sidered for award where (a)(1), (a)(3), or SONAL PROPERTY 1. Section 101-45.4900 is revised to (b), above, has been deleted or modified. Wher»- (a) (2), above,- has been deleted or Miscellaneous Amendments provide the source of supply for GSA, modified, the bid or proposal will not be con­ standard and optional forms, as follows: sidered for award unless the bidder or offeror Part 101-45 is amended by providing § 101—45.4900 Scope of subpart. furnishes with the bid or proposal a signed in § 101-45.105-3 (b) a reference for the statement which sets forth in detail the cir­ source of supply for GSA forms; by add­ This subpart contains instructions, cumstance of the disclosure and the head of ing a new § 101-45.317 on noncollusive lists, and illustrations of the forms and the agency, or his designee, determines that bids and proposals and providing for the formats prescribed in this Part 101-45. such disclosure was not made for the purpose use of a certificate of independent price GSA forms in this Subpart 101-45.49 may of restricting competition. determination in invitations for bids for be obtained by addressing requests to: (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) sales of personal property; and by pro­ General Services Administration Region Effective date. These regulations are viding in § 101-45.4900 the source of sup­ 3, Office of Regional Manpower and Ad­ effective upon publication in the F ed­ ply for GSA and standard forms. ministration, OFA, Printing and Publi­ eral R egister. The table of contents for Part 101-45 cations Division, Washington, D.C. 20407. is revised by the addition of new entries, Standard and optional forms may be ob­ Dated: July 7,1966. as follows: tained from the nearest GSA supply J. E. Moody, depot. sec. Acting Administrator of 101-45.317 Noncollusive bids and proposals. 2. Section 101-45.4926 is added to pro­ General Services. 101-45.4926 Certificate of independent price vide for a certificate of independent [F.R. Doc. 66-7684; Piled, July 13, 1966; determination clause. price determination clause, as follows: 8:49 a.m.] , Subpart 101—45.1— General §101—45.4926 Certificate of independ­ ent price determination clause. Section 101-45.105-3 (b) is revised to provide a reference for the source of sup­ Certificate of I ndependent Price Title 50— WILDLIFE AND ply for GSA forms, as follows: Determination (a) By submission of this bid or proposal, FISHERIES § 101—45.105—3 Exemptions. each bidder or offeror certifies, and in the Chapter II— Bureau of Commercial ***** case of a joint bid or proposal each party Fisheries, Fish and Wildlife Serv­ thereto certifies as to its own organization, (b) GSA regional offices, after consul­ ice, Department of the Interior tation with a holding activity, may on a that in connection with this sale: (1) The prices in this bid or proposal have SUBCHAPTER G— PROCESSED FISHERY PRODUCTS, case-by-case or blanket basis, authorize been arrived at independently, without con­ sale by such holding activity of perish­ sultation, communication, or agreement, for PROCESSED PRODUCTS THEREOF, AND CER­ able items or small lots of limited value the purpose of restricting competition, as to TAIN OTHER PROCESSED FOOD PRODUCTS property at isolated locations. In such any matter relating to such prices, with any PART 271-t-U.S. STANDARDS FOR cases, Optional Form 15, poster, Sale of other bidder or offeror or with any compet­ GRADES OF FROZEN HEADLESS Government Property (see § 101-45.4920) itor; (2) Unless otherwise required by law, the DRESSED WHITING and Optional Form 16, Sales Slip, Sale prices which have been quoted in this bid or of Government Personal Property (see proposal have not been knowingly disclosed On pages 7244 and 7255 of the F ederal § 101-45.4921) are prescribed for use by by the bidder or offeror and will not know­ R egister of May 18,1966, there was pub­ holding activities for the sale of such ingly be disclosed by the bidder or offeror lished a notice and text of a proposed new property. These forms may be obtained prior to opening, in the case of a bid, or Part 271—U.S. Standards for Grades of as stated in § 101-45.4900. Procedures prior to award, in the case of a proposal, Frozen Headless Dressed Whiting of Title for conducting such sales are set forth in directly or indirectly to any other bidder or 50, Code of Federal Regulations. offeror or to any competitor; and Interested persons were given 30 days § 101-45.304-3. (3) No attempt has been made or will be made by the bidder or offeror to induce any to submit written comments, suggestions Subpart 101—45.3— Sale of Personal other person or firm to submit or not to or objections with respect to the pro­ Property submit a bid or proposal for the purpose of posed new part. No responses to the restricting competition. proposal were received. Section 101-45.317 is added, as follows: (b) Each person signing this bid or pro­ The new part is issued pursuant to posal certifies that: sections 203 and 205 of Title II of the § 101—45.317 Noncollusive bids and pro­ (1) He is the person in the bidder’s or posals. Agricultural Marketing Act of 1946, 60 offeror’s organization responsible within that Stat. 1087, 1090, as amended, 7 U.S.C. (a) In order to promote full and free organization for the decision as to the prices being bid or offered herein and that he has sections 1622 and 1624 (1958), as trans­ competition for Government contracts, not participated, and will not participate, in ferred to the Department of the Interior a certificate of independent price de­ any action contrary to (a )(1 ) through by section 6(a) of the Fish and Wild­ termination (see § 101-45.4926) shall be (a) (3), above; or life Act Of 1956, 70 stat. 1122 (1956), 16 included in the contract provisions as a (2) (i) He is not the person in the bid­ U.S.C. section 742e (1958). condition of sale in all invitations for der’s or offeror’s organization responsible Accordingly, the new Part 271—U.5. bids and requests for proposals or quota­ within that organization for the decision as Standards for Grades of Frozen Head­ tions providing for the sale of personal to the prices being bid or offered herein but that he has been authorized in writing to less Dressed Whiting is hereby adopted property, except fixed price sale under act as agent for the persons responsible for without change and is set forth below. section 203(e) (5) of the Act. such decision in certifying that such persons This part shall become effective at the (b) The authority to make determina­ have not participated, and will not partici­ beginning of the 30th calendar day fol­ tions described in paragraph (d) of pate, in any action contrary to (a) (1 ) lowing the date of this publication in tne § 101-45.4926 shall not be delegated to an through (a)(3), above, and as their agent F ederal R egister. official below the level of the head of a does hereby so certify; and selling activity of the agency. (ii) He has not participated, and will not D onald L. M cK ernan, participate, in any action contrary to Director, (c) Where a certification is suspected (a) (1) through (a) (3), above. Bureau of Commercial Fisheries. of being false or there is an indication of (c) This certification is not applicable to collusion, the matter shall be referred a foreign bidder or offeror submitting a bid J uly 8,1966.

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 RULES AND REGULATIONS 9543 PART 271— U.S. STANDARDS FOR (1) Good flavor and odor (essential (2) Reasonably good flavor and odor GRADES OF FROZEN HEADLESS requirements for a U.S. Grade A prod­ (minimum requirements of a U.S. Grade uct) means that the cooked product has DRESSED WHITING1 the typical flavor and odor of the species B product) means that the cooked prod­ Sec. and is free from rancidity, bitterness, uct is lacking in good flavor and odor, 271.1 Description of the product. staleness, and off-flavors and off-odors but is free from objectionable off-flavors 271.2 Grades of frozen headless dressed whiting. of any kind. and off-odors of any kind. 271.11 Determination of the grade. 271.21 Definitions and methods of analysis. T able l.—Schedule of P oint D eductions per Sample 271.25 Tolerances for certification of offi­ FROZEN STATE (LOT INSPECTION ONLY) cially drawn samples. Authority: The provisions of this Part Factors scored Method of determining score Deduct 271 are issued under sec. 6, 70 Stat. 1122; 16 TJ.S.C. i 742e; and secs. 203 and 205, 60 Stat. 1 Arrangement of product1 Small degree: 10 percent of fish twisted or bellies and hacks 2 1087, 1090, as amended; 7 U.S.C. 1622, 1624. not facing the same direction. Large degree: More than 10 percent of fish twisted, void 5 § 271.1 Description of the product. present or some fish cross packed. The product described in this part con­ 2 Condition of packaging (overall Poor: Packaging material has been soaked, softened or 2 sists of clean, wholesome whiting (silver assessment). deteriorated. hake) merluccius bilinearis, merluccius 3 Dehydration Small degree: Slight dehydration of the exposed surfaces. 2 albidus; completely and cleanly headed Large degree: Deep dehydration of the exposed surfaces___ 5 and adequately eviscerated. The fish are packaged and frozen in accordance with THAWED STATE good commercial practice and are main­ tained at temperatures necessary for the 4 Minimum size: Fish 2 oz. or Number of fish less than 2 oz. per lb. preservation of the product. over are. of acceptable size. Over 0—not over 0.5...... 5 Over 0.5—not over 1.0______10 § 271.2 Grades of frozen headless Over 1.0—not over 2 .0 ...... 20 dressed whiting. Over 2.0______30 (a) “U.S. Grade A” is the quality of 5 Uniformity: Weight ratio of Weight ratio 10 percent smallest and 10 percent largest: frozen headless dressed whiting that (1) fish remaining. The 10 per- Over 2.0—not over 2.4...... 2 possess a good flavor and odor and that cent largest fish divided "by Ovei 2.4—not over 2.8______(2) for those factors that are rated in 1 the 10 percent smallest fish.1 Over 2.8—not over 3.2...... 10 Over 3.2—not over 3 .6 ______20 accordance with the scoring system out­ Over 3.6______. 30 lined in this part, have a total score of 85 to 100 points. 6 Heading1 Small degree: 10 percent of fish carelessly c u t.____ 5 (b) “U.S. Grade B” is the quality of Moderate degree: Over 10 percent of fish carelessly cut...... 15 frozen headless dressed whiting that (1) possess at least reasonably good flavor 7 Evisceration (overall assess- Small degree: Slight evidence of viscera...... 2 and odor and that (2) rate a total score ment). Moderate degree: Moderate amounts of spawn, viscera, etc 10 of not less than 70 points for those fac­ Large degree: Large amounts of viscera, spawn, etc 30 tors of quality that are rated in accord­ ance with the scoring system outlined 8 Scaling1 Small degree: 10 percent of fish not well scaled 2 in this part. Large degree: Over 10 percent of fish not well scaled_____ 5 tracted from 3 1. Definitions of factors for point de­ The fait kbescore. The maximum set board or other packaging material of the ductions are as follows: primary container. If the fish is allowed ateH factor of ‘flavor and odor” is eva] (b) Examination of sample, frozen titin ? ga£ ePiiCally by smelling a to stand after packing and prior to freez­ cooked m foer ihe Product has be state. When this product is examined ing, moisture from the fish will soak into d m accordance with § 278.21. under Continuous USDI Inspection, the the packaging material and cause de­ samples are examined for factors 1, 2, terioration of that material. and 3 in Table 1 in the thawed state. standaîdRiaKviC

FEDERAL REGISTER, VOL. 31,vNO. 135— THURSDAY, JULY 14, 1966 9544 RULES AND REGULATIONS dehydration which is not color-masking. noticeable but is not seriously objection­ provided for in this section upon the -Deep dehydration is color-masking and able. interstate movement of certain products cannot be removed by scraping with a (3) Large (overall assessment) refersand articles in order to prevent the dis­ fingernail. to a condition which is both distinctly semination of said plant pest. Accord­ (c) Examination of sample, thawednoticeable and seriously objectionable. ingly, the products and articles listed state. Thawed state means the state of § 271.25 Tolerances for certification of in paragraph (b) of this section may not the product after being thawed. Thaw­ officially drawn samples. be moved interstate from said Cameron ing the sample is best accomplished by County unless: enclosing the sample in a film type bag The sample rate and grades of specific (1) Such products and articles have and immersing in an agitated water bath lots shall be certified in accordance with been treated to destroy Mediterranean held at 68° F., ±2° F. Allow the prod­ Part 260 of this chapter (Regulations fruit fly infestations in accordance with uct to remain immersed until thawed. Governing Processed Fishery Products). procedures prescribed by the Director of Alternatively when the facilities are [FR. Doc. 66-7650; Filed, July 13, 1966; the Plant Pest Control Division, U.S. De­ lacking for water thawing, the sample 8:47 a.m.] partment of Agriculture, under the di­ may be thawed by slacking it out at a rection of an inspector authorized by temperature between 30° to 40° F. on an said Division, and the products and arti­ aluminum tray from 2 hours for a Im­ cles are accompanied by a certificate pound sample to 8 hours for a 10-pound Title 7— AGRICULTURE issued by such an inspector signifying sample. that they are eligible for interstate (1) “Minimum size” refers to the size, Subtitle A— Office of the Secretary of movement; or of the individual fish in the sample.' Fish Agriculture (2) Such products and articles origi­ 2 ounces or over are considered accept­ nate in an area of said Cameron County able. Smaller fish cannot be cooked PART 0— EMPLOYEE RESPONSI­ which has been inspected by such an uniformly with acceptable size fish. BILITIES AND CONDUCT inspector and he has found that the Separate the fish of unacceptable size, interstate movement of the products and divide their number by the weight of Subpart B— Conduct and Responsi­ articles will not involve a risk of dis­ the sample in pounds, and apply to bilities of Employees seminating said infestations, and the Table 1. Example—four fish of unac­ products and articles are accompanied by ceptable size in a 5-pound package is % Use of Vehicles a certificate issued by such an inspector =0.8, a 10 point deduction. signifying that they are eligible for in­ (2) “Uniformity." From the fish re­ Paragraph (b) of § 0.735-23 is revised terstate movement; or maining, select by count 10 percent to read as follows: (3) Such products and articles are (minimum of one fish) of the largest § 0.735—23 Use of vehicles. moved under limited permit issued by and 10 percent (minimum of one fish) of (b) An employee who wilfully uses orsuch an inspector to an approved desti­ the smallest and divide the largest authorizes the use of a Government- nation for consumption or processing in weight by the smallest weight to get a owned or leased motor vehicle other than accordance with procedures prescribed weight ratio. by said Director. (3) “Heading" refers to the condition passenger carrying for other than official (b) The following products and arti­ of the fish after they have been headed. purposes is subject to disciplinary action cles are subject to the emergency meas­ The fish should be cleanly headed behind up to and including removal. ures imposed under this regulation: the gills and pectoral fins. No gills, gill ***** (1) Bell peppers, cantaloupes, egg­ bones, or pectoral fins should remain Effective date: Publication in the plants, okra, squashes, pink and red ripe after the fish have been headed. F ederal R egister. tomatoes, peaches, citrus and all other (4) “Evisceration" refers to the clean­ J oseph M. R obertson, fruits, except lemons or sour limes when ing of the belly cavities of the fish. All Assistant Secretary picked green and commercially packed, spawn, viscera, and belly strings should for Administration. and coconuts, blackberries, dewberries, be removed. and strawberries: Provided, however, (5) “Scaling" refers to the satisfac­ J uly 11, 1966. That said products are not subject to tory removal of scales from the fish. [F.R. Doc. 66-7680; Filed, July 13, 1966; this regulation if they have been quick (6) “Color of the cut surfaces" refers 8:49 a.m.] frozen or canned; and to the color of the cut surfaces of the (2) Soil whether independent of or fish after heading and other processing. associated with plants. (7) “Bruises and broken or split skin" Chapter III— Agricultural Research (Sec. 105, 71 Stat. 32, sec. 106, 71 Stat. 33, refers to bruises over one-half square Service, Department of Agriculture sec. 107, 71 Stat. 34; 7 TJ.S.C. 150 dd, 150 ee, inch in area and splits or breaks in the 150 ff; 29 F.R. 16210, as amended) skin^ more than one-half inch in length PART 331— EMERGENCY PLANT PEST Effective date. The foregoing regula­ which are not part of the processing. REGULATIONS GOVERNING INTER­ tion shall become effective upon publi­ (d) Examination of sample, cooked STATE MOVEMENT OF CERTAIN cation in the F ederal R egister. state. Cooked state means the state of PRODUCTS AND ARTICLES Under this regulation specific prod­ the sample after being cooked. Cook­ ucts and articles may be moved inter­ ing the sample is best accomplished by Subpart— Mediterranean Fruit Fly state from Cameron County, Tex., only inserting the sample into a film type bag Pursuant to the provisions of the if they have been treated, or originate and submerging it into boiling water for Federal Plant Pest Act (7 U.S.C. 150 aa- in certain areas of said county, or are from 18-20 minutes. A minimum of 150 jj), Chapter III, Title 7 of the Code moved to an approved destination for three fish per sample unit shall be cooked. of Federal Regulations, is hereby consumption or processing. Such meas­ (1) “Texture defects” refers to theamended by adding thereto a new Part ures are necessary because an emer­ absence of normal textural properties of 331 to read as follows: gency exists as a result of recently dis­ the cooked fish flesh, which are tender­ covered infestations of the Mediter­ ness, firmness, and moistness without § 331.1 Existence of emergency and ranean fruit fly, a dangerous plant pes excess water.. Texture defects are dry­ regulations related thereto. which is not now widely prevalent in tn ness, softness, toughness, and rubbery­ (a) Infestations of the Mediterraneanconterminous United States. . ness. fruit fly, a dangerous plant pest not Inasmuch as such infestations must oe (e) General definitions. widely prevalent or distributed within controlled immediately to prevent tn (1) Small (overall assessment) refers and throughout the United States, have spread of the Mediterranean fruit fly. to a condition that is noticeable but is been found in Cameron County, Tex.; is found upon good cause under section _ only slightly objectionable. and it has been determined that it is of th e A dm inistrative Procedure Act; w (2) Moderate (overall assessment) necessary to adopt as an emergency U.S.C. 1003) th a t notice and other p u » ^ refers to a condition that is distinctly measure a rule imposing restrictions as procedure regarding this regulation

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 RULES AND REGULATIONS 9545 impracticable and contrary to the public Adopted by the Board of Directors on program base for rice, the rice allotment interest, and good cause is found for July 7,1966. shall not be allocated to any other farm making said regulation effective less than Approved on July 8,1966. during the agreement period.” 30 days after publication in the F ederal Section 751.109(a) is amended by re­ Register. [seal] Earll H. Nikkel, designating subparagraph (6) as sub- Done at Washington, D.C., this 11th Secretary, Federal Crop paragraph (7) and inserting a new sub- day of July 1966. Insurance Corporation. paragraph (6) as follows: [F.R. Doc. 66-7648; Filed, July 13, 1966; (6) In the case of a farm which is R. J. Anderson, 8:47 a.m.] under the conservation reserve program Deputy Administrator, or the cropland conversion program, the Agricultural Research Service. Chapter VII— Agricultural Stabiliza­ maximum acreage which may be ac­ [F.R. Doc. 66-7678; Filed, July 13, 1966; cepted for diversion from cropland ad­ 8:49 a.m.] tion and Conservation Service justment bases shall be the acreage which (Agricultural Adjustment), Depart­ could be devoted to base crops under the ment of Agriculture conservation reserve program or crop­ Chapter IV— Federal Crop Insurance SUBCHAPTER B— FARM MARKETING QUOTAS land conversion program. In the case of Corporation, Department of Agri­ AND ACREAGE ALLOTMENTS a farm which is participating in the great plains conservation program or the Ap­ culture [Arndt. 1] palachian land stabilization and con­ [Amendment No. 85] PART 728— WHEAT servation program, the maximum acre­ age which may be accepted for diversion PART 401— FEDERAL CROP Subpart— Regulations Pertaining to from cropland adjustment bases shall be INSURANCE Farm Acreage Allotments, Yields, the acreage which could be devoted to Subpart— Regulations for the 1961 Wheat Diversion and Wheat Cer­ base crops during the cropland adjust­ tificate Programs for the Crop ment agreement period after the con­ and Succeeding Crop Years servation measures prescribed under Years 1966 Through 1969 Grain Sorghum E ndorsement such programs have been carried out. Pursuant to the authority contained in Determination of P reliminary Allot­ Section 751.115(b) is amended by in­ the Federal Crop Insurance Act, as ments for O ld F arms for 1967 and serting in the second sentence immedi­ amended, the above-identified regula­ Subsequent Crops ately after the word “Administrator” the tions are amended effective beginning Correction following: “ (Form ASCS-423-1) ”. with the 1967 crop year in the following Section 751.116 is amended by adding respects:. In F.R. Doc. 66-7302, appearing at the following new paragraph (i): 1. The portion of the table followingpage 9110 of the issue for Saturday, (i) Notwithstanding any other pro­ paragraph (a) of I 401.3 of this chapter July 2,1966, the date “1957” in the second vision of this section, the total amount under the heading “Grain Sorghum’’ is sentence of the fourth paragraph of the of cost-shares for an agreement shall not amended effective beginning with the document should read “1967”. exceed an amount determined by multi­ 1967 crop year to read as follows : plying the number of acres designated SUBCHAPTER C— SPECIAL PROGRAMS Closing under the agreement by a per acre rate Texas: dates [Arndt. 2] established by the State committee in Childress, Cottle, King, Stonewall, accordance with instructions from the Fisher, Scurry, Borden, Dawson, PART 751— LAND USE ADJUSTMENT Deputy Administrator. This limitation and Gaines Counties and aU PROGRAM shall not apply to reestablished measures Texas counties lying north and carried out under (0. of this section or west thereof______Apr. 30 Subpart— Cropland Adjustment Pro­ to practices specified on Form ASCS- Calhoun and Victoria Counties__ Feb. 28 gram for 1966 Through 1969 Nueces, Refugio, and San Patricio 423-1, except where a water retention Counties------.----Jan. 31 Miscellaneous Amendments or storage structure practice is involved. All other Texas counties______Mar. 31 The regulations governing the 1966 Section 751.118(b) (2) (iv) is amended All other States.;____ 1______Apr. 30 Cropland Adjustment Program (31 F.R. by inserting immediately after the word 2. Section 7 of the grain sorghum en­3483) are amended as follows: “reason” a comma and the following: dorsement shown in § 401.23 of this Section 751.101(h) is amended by re­ “unless the county committee determines chapter is amended effective beginning vising subparagraph (1) to read as fol­ the condition is temporary and the pro­ with the 1967 crop year to read as lows: “(1) a hay crop need not have been ducer is not otherwise receiving Federal iollows: agricultural payments other than cost- harvested in each of the three years shares with respect to such land”. 7. Cancellation and termination for in- preceding the first year of the agreement eotedness dates. For each year of the con- period if such a stand of grasses or Section 751.118(b) (2) (xii) is amended dn+ cancellation date and termination legumes has been seeded within the last by inserting immediately after the word nu w indebtedness are the following ap- 2 years and followed another crop which “vineyard” a comma and the following: P cable dates immediately preceding the be­ would have met the tame hay definition “except land on which the trees or vines fell»«1^ 0i croP year for which the can- it the year of reseeding were considered were removed during the year preceding won or termination is to become effective. to be the first year of the agreement the first year of the agreement period period and”. and the county committee determines Termi­ Section 751.101(h) is further amended such land is suitable for row or grain crop Cancel­ nation production and is equal in productivity State lation date for by adding at the end thereof, the follow­ date indebt­ ing sentence: “ ‘Tame hay’ also means a to other land on the farm”. edness stand of grasses or legumes on cropland Section 751.118(c) is amended by in­ TfiXciS* which does not require annual tillage serting immediately after the first sen­ CS es®>i Cottle) King, Stone­ with respect to which a conservation re­ tence the following new sentence: “If wall, Fisher, Scurry, Borden serve contract has expired and from the farm is approved for an increase in Galn<* p raties which a hay crop other than hayseed the annual adjustment payment rate per iinrtH J exas counties lying cSSJ^and w*t thereof___... Dec. 31 Apr. 30 was mechanically harvested in each of acre under § 751.115(b), the producer N u ecesW Ylctorj a Counties.I ...d o ___ Feb. 28 the years, if any, following the expiration shall agree to carry out such additional . Count!fUgl°’ md San PatrIci0 of the contract.” practices as are specified in Form ASCS- 423-1.” AllotheStT“ 168------—.do...... Mar. 31 Section 751.109(a) (1) is amended by API . 30 changing the period at the end of the first Section 751.118(c) is further amended ------sentence to a colon and adding the fol­ by deleting “3 years” in subparagraph lowing proviso: “Provided, That if a pro­ (2) and inserting in lieu thereof the word ducer diverts the cropland adjustment “year”.

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9546 RULES AND REGULATIONS Section 751.123 Is amended by adding Effective date. This action increases established, pursuant to section 207 of a new paragraph (d) to read as follows: the quotas for foreign countries by 100,- the Act, column (2), as follows: (d) The provisions of paragraph (a) Ó00 short tons, raw value. To permit such countries to plan and to market this Direct- (2) of this section shall not apply to a Quotas consump­ cash tenant, standing-rent tenant, or a larger quantity of sugar in an orderly (short tons, tion fixed-rate tenant unless such tenant was manner, it is essential at this time Area raw value) limits (1) (short tons, living on the farm in the year immedi­ that all persons selling and purchasing raw value) ately preceding the first year of the sugar for consumption in the continental (2) agreement period or received 50 percent United States be promptly informed of or more of his income in such year from the changes in marketing opportunities. 3.025.000 0) Therefore, it is hereby determined and 1.100.000 P) the farm. 1,173,474 34,542 Section 751.132(a) is amended by de­ found that compliance with the netice, 1,140,000 151,500 leting the next to the last sentence. procedure, and effective date require­ 15,000 Section 751.142(e) is amended by ments of the Administrative Procedure changing the period at the end thereof Act is unnecessary, impracticable and i No limit. to a comma and adding the following: contrary to the public interest and the * * • * * amendment herein shall become effective “except that an agency of the Federal 3. Section 811.43 is amended by amend­ Government shall not be eligible for upon publication in the F ederal R eg­ ister. ing paragraphs (b) and (c) thereof to cost-share assistance.” By virtue of the authority vested in the read as follows: Effective date. Date of signature. Secretary of Agriculture by the Act, Part § 811.43 Quotas for foreign countries. Signed at Washington, D.C., on July 7, 811 of this chapter is hereby amended by . . . * * 1966. amending §§ 811.40, 811.41, and 811.43 as (b) (1) For the calendar year 1966 H. D. G odfrey, follows: the quota for the Republic of the Philip­ Administrator, ASCS. 1. Section 811.40 is amended to read as pines is 1,093,440 short tons, raw value, [F.R. Doc. 66-7645; Filed, July 13, 1966; follows: and the quantity of such quota that may 8:46 a.m.] § 811.40 Sugar requirements, 1966. be filled by direct-consumption sugar is 59,920 short tons, raw value. Chapter VIII— Agricultural Stabiliza­ The amount of sugar needed to meet (2) In addition to the quantity of the requirements of consumers in the tion and Conservation Service 1,093,440 short tons, raw value, for the continental United States for the calen­ Republic of the Philippines in subpara­ (Sugar), Department of Agriculture dar year 1966 is hereby determined to be graph (1) of this paragraph, a quan­ SUBCHAPTER B— SUGAR REQUIREMENTS AND 10,100,000 short tons, raw value. tity of 195,963 short tons, raw value, QUOTAS 2. Section 811.41 is amended by amend­ representing a proration of quota defi­ [Sugar Reg. 811,-Arndt. 6] ing subparagraph Cl) of paragraph (a) cits as provided in § 811.42, is added to read as follows: to and established as a part of the quota PART 811— CONTINENTAL SUGAR for such country. Such quantity of 195,- REQUIREMENTS AND AREA QUOTAS § 811.41 Quotas for domestic areas. 963 short tons, raw value, of sugar may be Requirements, Quotas and Quota (a) (1) For the calendar year 1966 do­ imported only as raw sugar in accordance Deficits for 1966 mestic area quotas limiting the quantities with procedures set forth in Part 817 of this chapter. Basis and purpose and statement of of sugar which may be brought into or marketed for consumption in the conti­ (c) For the calendar year 1966, the "bases and considerations. The purpose prorations to individual foreign countries of this amendment to Sugar Regulation nental United States are established, pursuant to section 202(a) of the Act, in other than the Republic of the Philip­ 811 (30 F.R. 15313, 31 F.R. 2776, 2895, column (1) and the amounts of such pines pursuant to paragraphs (c) and (d) 3283, 5681, 8536) is to revise the deter­ quotas for offshore areas that may be of section 202 and paragraph (a) of sec­ mination of sugar requirements for the tion 204 of the Act are as follows: calendar year 1966 and to establish filled by direct-consumption sugar are quotas, prorations, and direct-consump­ [Short tons, raw value! tion limits thereof consistent with such requirements pursuant to the Sugar Act Temporary Total of 1948, as amended (61 Stat. 922 as Basic quotas and Deficit quotas and Country quotas pro rations pro rations amended) hereinafter referred to as the pursuant to prorations sec. 202(d)1 Section 201 of the Act directs the Sec­ 439,606 retary to revise the determination of 196,940 200,777 41,889 Mexico______40.968 429.939 sugar requirements at such times dur­ Dominican Republic- 192.609 196.362 429.939 192.609 196.362 40.968 342,927 ing the calendar year as he deems neces­ Brazil______153,628 156,622 32,677 Peru___ '------15,974 167,641 sary. On December 8, 1965, sugar British West Indies.. 76,942 /74,725 62,557 28,026 " 28,571 5,961 Ecuador------5,025 52,734 requirements of consumers for the year French West tadies.. 24,203 23,506 52,891 1966 were established at 9,800,000 short 23,694 24,157 .6,040 52,093 Argentina—------— 22.675 24.454 4.964 tons, raw value. It was then estimated Costa Rica------4.964 52,093. 22.676 24.454 45,497 Nicaragua------20,382 20,780 4,335 that actual consumption during the year Colombia------4,183 43,899 would approximate 10,100,000 short Guatemala------19,108 20,608 31,847 14,267 14,545 3,035 32,192 tons, raw value. On April 8, sugar re­ Panama------14,013 15,112 3,067 El Salvador------2,276 23,885 quirements to consumers were increased Haiti—------10,700 10,909 21,610 9,681 9,870 2,059 12,213 200,000 tons to 10 million short tons, raw Venezuela______5,605 5,444 1,164 British Honduras---- 488 6,118 value. Distribution of sugar so far this Bolivia------2,293 2,337 180,227 Australia------91,718 88,509 75,095 year has been running well ahead of last 38,216 36,879 72,091 Republic of China— 35,404 year and with the heavy sugar consum­ India------36,687 53,067 ing season at hand additional supplies South Africa------27,006 26,061 39,550 Fiji Islands______20,127 19,423 16.521 will be required to adequately serve the Thailand------8.408 8.113 16.521 needs of the market. This action will Mauritius...... 8.408 8.113 8,511 Malagasy Republic.- 4,331 4,180 6,508 also provide foreign countries lead time Swaziland______3,312 3,196 6,361 in planning their shipments for arrival Ireland—------5,351 2,772,123 in this country during the latter part of 1,273,613 1,279,473 219,037 the year. Accordingly, total sugar re­ Total- quirements of consumers for the calen­ i proration of quotas withheld from Cuba, Southern Rhodesia and the proration of the Honduran quota to dar year 1966 are hereby increased to a American Common Market countries. 0 total of 10,100,000 short tons, raw value.

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 RULES AND REGU LAITONS 9547 (Secs. 201, 202, 204, and 403; 61 Stat. 923 ing information were submitted to the •of fresh peaches grown in designated as amended, 924 as amended, 925 as amended Department, and made available to grow­ and 932 as amended; 7 U.S.G. 1111, 1112,1114, counties in Washington, effective under and 1153) ers and handlers ; shipments of the cur­ the applicable provisions of the Agri­ rent crop of peaches are expected to be­ cultural Marketing Agreement Act of Effective date. This order will be­ gin shortly, and this regulation should 1937, as amended (7 U.S.C. 601-674), and come effective upon publication in the be applicable, insofar as practicable, to upon the recommendations of the Wash­ F ederal R egister. all shipments of such peaches in order ington Fresh Peach Marketing Commit­ Signed at Washington, D.C., this 7th to effectuate the declared policy of the tee, established under the aforesaid mar­ day of July 1966. act; and compliance with this section keting agreement and order, and upon will not require of handlers any prepara­ other available information, it is hereby J ohn A. S chnittker„ tion therefor which cannot be completed found that the limitation of shipments Acting Secretary. by the effective time hereof. of fresh peaches, in the manner herein [F.R. Doc. 66-7679; Filed, July 13, 1966; § 919.305 Peach Regulation 4. provided, will tend to effectuate the de­ 8:49 a.m.] clared policy of the act. (a) Order. (1) During the period (2) It is hereby further found that beginning at 12:01 a.m., m.s.t., July 15, •it is impracticable and contrary to the Chapter IX— Consumer and Market­ 1966, and ending at 12:01 a.m., m.s.t., public interest to give preliminary notice, ing Service (Marketing Agreements •September 15, 1966, no handler shall engage in public rule-making procedure, ship: and postpone the effective date of this and Orders; Fruits, Vegetables« (1) Any peaches of any variety which Nuts), Department of Agriculture section until 30 days after publication do not grade at least U.S. No. 1 grade thereof in the F ederal R egister (5 U.S.C. [Peach Reg. 4] except as follows: -Not to exceed twenty 1001-1011) in that, as hereinafter set C20) percent, by count, of such peaches forth, the time intervening between the PART 919— PEACHES GROWN IN in such lot may consist of peaches which date when information upon which this THE COUNTY OF MESA IN THE do not meet the requirements of such section is based became available and STATE OF COLORADO grade, but not more than ten (10) per­ the time when this section must become cent, by count, of the peaches in any such effective in order to effectuate the de­ Regulation by Grades and Sizes lot may consist of peaches With defects clared policy of the act is insufficient; a causing serious damage of which not reasonable time is permitted, under the Findings. (1) Pursuant to the mar- more than five (5) percent shall consist circumstances, for preparation for such - keting agreement, as amended, and of such defects caused by twig borer, or effective time; and good cause exists for Order No. 919, as amended (7 CFR Part oriental fruit moth, and not more than making the provisions hereof effective 919), regulating the handling of peaches one (1) percent, by count, of the peaches not later than July 15, 1966. A reason­ grown in the county of Mesa in the State in any such lot may consist of peaches able determination as to the supply of, of Colorado, effective under the appli­ which are not free from decay ;- and the demand for, peaches must await cable provisions of the Agricultural Mar­ (ii) Any peaches of any variety whichthe development of the crop and ade­ keting Agreement Act of 1937, as amend­ are of a size smaller than-2% inches in quate information thereon was not avail­ ed (7 U.S.C. 601-674), and upon the basis diameter: Provided, That any lot of able to the Washington Fresh Peach of the recommendations of the Admin­ peaches shall be deemed to be of a size Marketing Committee until July 5, 1966; istrative Committee, established under not smaller than 2 Ys inches in diameter recommendation as to need for, and the the aforesaid amended marketing agree­ (a) if not more than 10 percent, by count, extent of, regulation of shipments of ment and order, and upon other available of such peaches in such lot are smaller such peaches was made at the meeting information, it is hereby found that the than 2Ys inches in diameter; and (b) if of said committee on July 5, 1966, after limitation of shipments of such peaches, not more than 15 percent, by count, of consideration of all available informa­ as hereinafter provided, will tend to ef­ the peaches contained in any individual tion relative to the supply and demand fectuate the declared policy of the act. container in such lot are smaller than (2) It is hereby further found that it conditions for such peaches, at which 2Ys inches in diameter. time the recommendation and support­ is impracticable, unnecessary, and con­ (2) Definitions: As used herein, trary to the public interest to give pre­ ing information were submitted to the “peaches,” “handler,” “ship,” and “varie­ Department; shipments of the current liminary notice, engage in public rule- ties” shall have the same meaning as crop of such peaches will begin on or making procedure, and postpone the ef­ when used in the aforesaid amended fective date of this section until 30 days about July 15, 1966, and this regulation marketing agreement and order; “U.S. should be applicable, insofar as practi­ after publication hereof in the F ederal No. 1,” “diameter,” “count,” and “serious Register (5 U.S.C. 1001-1011) in that, cable, to all shipments of such peaches damage” shall have the same meaning in order to effectuate the declared policy as hereinafter set forth, the time inter­ as when used in the U.S. Standards for vening between the date when informa­ of the act; and compliance with the pro­ Peaches (7 §§ 51.1210-51.1223 of this visions of this section will not require of tion upon which this section is based be­ title). came available and the time when this handlers any preparation there for ection must become effective in order (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. which cannot be completed by the effec­ to effectuate the declared policy of the 601-674) tive time hereof. ct is insufficient; a reasonable time is Dated: July 13,1966. § 921.304 Peach Regulation 4. permitted, under the circumstances, for P aul A. N icholson, (a) Order. During the period be­ reparation for such effective time; and Deputy Director, Fruit and Vege­ ginning at 12:01 a.m., P.s.t., July 15, good cause exists for making the provi- table Division, Consumer and 1966, and ending at 12:01 a.m., P.s.t., I50niai*re0f effective not later than July x A reasonable determination as Marketing Service. July 15, 1967, no handler shall handle supply of, and the demand for, IF.R. Doc. 66-7755; Filed, July 13, 1966; any lot of peaches unless such peaches 11:59 a.m.] meet the following applicable require­ must await the develop- ments, or are handled in accordance tin« tlle crop an<* adequate informa­ with subparagraph (6) of this para­ m i !txe°n was not available to the Ad- [Peach Reg. 4] graph : lQfififtratlve Committee until July 8, PART 921— FRESH PEACHES GROWN (1) Minimum grade requirement: for ó ^ ^ ^ a tio n s as to the need Such peaches shall grade at least Wash­ m Ì Ì Ì the ?xtent of. regulation of ship- IN DESIGNATED COUNTIES IN ington No. 1. commi?/ SUCh peaches were made by said WASHINGTON (2) Minimum size requirements: 3 S Ι °n July *• !9«6. after con- Limitation of Shipments Such peaches shall measure at least 2% able rpiaH °f f 11 iniormation then avail- inches in diameter except that peaches of condiii«tiv^ to the supply and demand Findings. (1) Pursuant to the mar­ the Golden Elberta, Red Elberta, or time thpnS for sucl1 Peaches, at which keting agreement, and Order No. 921 (7 Gleason Elberta varieties may measure e tPe recommendations and support­ CFR Part 921), regulating the handling 2Î4 inches in diameter if the producer

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, I9 6 0 9548 RULES AND REGULATIONS submits evidence satisfactory to the com­ of peaches having less than 26 pounds ments, or otherwise are not ¿laced in mittee prior to August 1,1966, that he is net weight of peaches may be handled if the container in symmetrical order; the producing peaches of any of the afore­ such containers are well filled. term “standard peach box” shall mean said varieties: Provided, That any lot of (6) Notwithstanding any other pro­ a wooden container with inside dimen­ peaches shall be deemed to meet such vision of this section, any individual ship­ sions of 41/2 to 5 by 11% by 16 inches; minimum diameter requirement if (i) ment of peaches which meets each of the term “cascade lug box” shall mean a not more than 10 percent, by count of the the following requirements may be han­ wooden container with inside dimensions peaches in such lot are smaller than the dled without regard to the provisions of of 6 by IIV2 by 18 inches; the term applicable minimum diameter, or (ii) subparagraphs (4) and (5) of this para­ “L.A. lug box” shall mean a wooden con­ such peaches are not smaller than a size graph of § 921.41 (Assessments), and of tainer with inside dimensions of 5% by that will pack 65 peaches in a standard § 921.55 (Inspection and certification): 13% by 16 Vs inches, except that the 1- peach box, 72 peaches in a cascade lug (i) The shipment consists of peaches layer L.A. lug shall have a depth of not box, or 72 peaches in a L.A. lug box, or sold for home use and not for resale; less than 3% inches; the term “diam­ other containers of a capacity at least (ii) The shipment does not, in the ag­ eter” shall mean the greatest distance, equivalent to the L.A. lug box. gregate, exceed 500 pounds, net weight, measured through the center of the (3) Minimum maturity requirement: of peaches; and peach at right angles to a line running Such peaches shall be well matured: (iii) Each container is stamped or from the stem to the blossom end; and Provided, That any lot of peaches shall marked with the handler’s name and terms used in the marketing agreement be deemed to meet such minimum ma­ address and with the words “not for re­ and order shall, when used herein have turity requirement if not more than 25 sale” in letters at least one-half inch in the same meaning as is given to the re­ percent, by count, of the peaches in such height. lot are mature. (7) The terms “Washington No. 1,” spective term in the marketing agree­ (4) Uniform firmness requirement: and “mature” shall have the same mean­ ment and order. Such peaches in individual containers ing as when used in the Washington (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. shall have a reasonably uniform degree State Department of Agriculture Stand­ 601-674) of firmness. ards-for Peaches (1966); the term “well (5) Pack requirements: Such peaches matured” shall mean peaches which are Dated: July 13, 1966. in loose or jumble packs shall be in con­ not hard, have shoulders and sutures well P aul A. Nicholson, tainers of a capacity equal to or greater filled out, and have skin and flesh Deputy Director, Fruit and Veg­ than that of the western lugs (boxes with colored sufficiently that it will show the etable Division, Consumer and inside dimensions of 7 inches by 11 % characteristic varietal color when ripe; Marketing Service. inches by 18 inches) and shall contain the term “loose or jumble pack” shall not less than 26 pounds net weight of mean that the peaches are not placed in [P.R. Doc. 66-7756; Plied, July 13, 1966; peaches: Provided, That such containers the container in rows, cups, compart­ 11:59 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9549 Proposed Rule Making

quired in connection with the trans­ order to become part of the record for DEPARTMENT OF THE TREASURY action. consideration. The proposal contained in this notice may be changed in the Internal Revenue Service [F.R. Doc. 06-7653; FUed, July 13, 1966; light of comments received. 8:47 a.m.] The official Docket will be available l 26 CFR Part 1 1 for examination by interested persons at the Southern Regional Office, Federal TRANSFER TO CORPORATION Aviation Agency, Room 724, 3400 CONTROLLED BY TRANSFEROR FEDERAL AVIATION AGENCY Whipple Street, East Point, Ga. Notice of Proposed Rule Making [ 14 CFR Part 71 1 This amendment is proposed under [Airspace Docket No. 66-SO-54] section 307(a) of the Federal Aviation Notice is hereby given, pursuant to the Act Of 1958 (49 U.S.C. 1348(a)). Administrative Procedure Act, approved TRANSITION AREA Issued in East Point, Ga., on July 6, June 11, 1946, that the regulations set Proposed Alteration 1966. forth in tentative form below are pro­ W illiam M. F lener, posed to be prescribed by the Commis­ The Federal Aviation Agency is con­ Acting Director, Southern Region. sioner of Internal Revenue, with the ap­ sidering an amendment to Part 71 of [F.R. Doc. 66-7629; Filed, July 13, 1966; proval of the Secretary of the Treasury the Federal Aviation Regulations that 8:45 a.m.] or his delegate. Prior to the final adop­ would alter the Myrtle Beach, S.C., 700- tion of such regulations, consideration foot transition area. will be given to any comments or sug­ The Myrtle Beach, S.C., transition [1 4 CFR Part 71 1 gestions pertaining thereto which are area is described in § 71.181 (31 F.R. [Airspace Docket No. 66-SO-55] submitted in writing, in duplicate, to the 2149 and 8909). Commissioner of Internal Revenue, At­ The Myrtle Beach 700-foot transition CONTROL ZONE AND TRANSITION tention: CC:LR:T, Washington, D.C. area would be redesignated as: AREA 20224, within the period of 30 days from the date of publication of this notice in That airspace extending upward from 700 Proposed Alteration the Federal R egister. Any person sub­ feet above the surface within an 8-mile radius of the Myrtle Beach AFB (latitude The Federal Aviation Agency is con­ mitting written comments or suggestions S3*40'46" N., longitude 78°55'45" W.); within sidering amendments to Part 71 of the who desires an opportunity to comment an 8-mUe radius of the Myrtle Beach/ Federal Aviation Regulations that would orally at a public hearing on these pro­ Crescent Beach Airport (latitude 33°48'40" alter the Goldsboro, N.C., control zone posed regulations should submit his re­ N., longitude 78°43'30" W.); within 2 miles quest, in writing, to the Commissioner each side of the Myrtle Beach VORTAC 214° and 700-foot transition area. within the 30-day period. In such a radial, extending from the 8-mile radius area The Goldsboro, N.C., control zone is to 14 miles SW of the VORTAC. described in § 71.171 (31 F.R. 2065). case, a public hearing will be held, and The Goldsboro, NX!., control zone notice of the time, place, and date will The existing 700-foot transition area would be redesignated as: be published in a subsequent issue of was predicated on Criteria II operations. the Federal R egister. The proposed Within a 5-mile radius of the Seymour regulations are to be issued under the Current operations require a change in Johnson AFB; within 2 miles each side of the authority contained in section 7805 of classification to Criteria m and neces­ ILS localizer W course, extending from the the Internal Revenue Code of 1954 (68A sitate an increase in dimension of the 5-mile radius zone to the LOM; within 2 Stat. 917; 26 U.S.C. 7805). 700-foot transition area. The increase miles each side of the 256° radial of the would provide controlled airspace pro­ Seymour Johnson VOR, extending from the 5-mile radius zone to miles W of the VOR. [seal] ^ Sheldon S. Cohen, tection for IFR aircraft during climb 8 Commissioner of Internal Revenue. from 700 to 1,200 feet above the surface The Goldsboro, N.C., transition area and during descent from 1,500 to 1,000 is described in § 71.181 (31 F.R. 2149 and Section 1.351-1 o f the Income Tax feet above the surface. When the 8679). Regulations (26 CFR Part 1) is amended Crescent Beach/Myrtle Beach control The Goldsboro, N.C., 700-foot transi­ by adding th e f ollow ing paragraph at the zone is not effective, it will provide air­ end thereof: tion area would be redesignated as: space protection for arriving aircraft That airspace extending upward from 700 § 1.351-1 Transfer to corporation con­ during descent from 1,500 to 700 feet feet above the surface within a 9-mlle radius trolled by transferor. above the surface. of Seymour Johnson AFB; excluding the Interested persons may submit such airspace within a 1.5-mile radius of the written data, views, or arguments as they Goldsboro Municipal Airport; within 2 miles (c) Section 351 does not provide non- may desire. Communications should be each side of the ILS localizer W course, ex­ ecognition treatment to a transaetioi submitted in triplicate to the Area Man­ tending from the 9-mUe radius area to 12 miles W of the LOM; within 2 miles each « + « s *n sufrstance a device, or th< ager, Atlanta Area Office, Attention: side of the Seymour Johnson TACAN 253° im e®ect of which is, to achieve ai Chief, Air Traffic Branch, Federal Avia­ radial, extending from the 9-mile radius area “lunediate or delayed market place sab tion Agency, Post Office Box 20636, to 14 miles W of the TACAN; within 2 miles exchange of stock or securities Atlanta, Ga. 30320. All communications each side of the Seymour Johnson VOR 256° Mction *031 (a).) Thus, sec- received within 30 days after publication radial extending from the 9-mile radius area hw. * <*oes n°t apply to the transie: of this notice in the F ederal R egister to 12 miles W of the VOR. stock or securities to i will be considered before action is taken The proposed alteration of the con­ nnrîî0 - 1011 which is an investment com- on the proposed amendment. No hear­ trol zone would provide airspace pro­ m exchange for stock or securitie: ing is contemplated at this time, but tection for IFR operations during climb ^ eem a b le at the holder’s option) ir arrangements for informal conferences to 700 feet above the surface and dur­ ^ the transfer wa: with Federal Aviation Agency officials ing descent below 1,000 feet above the simili64*- ?r arranged by a broker o: may be made by contacting the Chief, surface. a ï Î r ^ ^termediary and if the filing a Air Traffic Branch. Any data, views, or The proposed alteration of the 700- chni^r^ÌUS ^ h the Securities and Ex- arguments presented during such con­ foot transition area would provide air­ P erW ?01^ 881011 (or b-ny State agency ferences must also be submitted in writ­ space protection for IFR operations dur­ Performing similar functions) was re­ ing in accordance with this notice in ing climb from 700 to 1,200 feet above the

No. 135—Pt. i___ 3 FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9550 PROPOSED RULE MAKING surface and during descent from 1,500 Decommissioning o f t h e military should be submitted in triplicate to the to 1,000 feet above the surface. TACAN and establishment of instru­ Chief, Air Traffic Division, Alaskan Re­ Interested persons may submit such ment approach procedures using the gion, Federal Aviation Agency, 632 Sixth written data, views, or arguments as they Galena VORTAC require changes to the Avenue, Anchorage, Alaska 99501. All may desire. Communications should be descriptions of the Galena control zone communications received within 30 days submitted in triplicate to the Area Man­ and transition area. after publication of this notice in the ager, Atlanta Area Office, Attention: The Federal Aviation Agency, having F ederal R egister will be considered be­ Chief, Air Traffic Branch, Federal Avi­ completed a comprehensive review of the fore action is taken on the proposed ation Agency, Post Office Box 20636, At­ controlled airspace requirements in the amendments. No public hearing is con­ lanta, Ga. 30320. All communications Galena, Alaska, terminal area, proposes templated at this time, but arrangements received within 30 days after publication the following actions: for informal conferences with Federal of this notice in the F ederal R egister 1. Alter the Galena, Alaska, control Aviation Agency officials may be made will be considered before action is taken zone by redesignating it to comprise that by contacting the Chief, Air Traffic on the proposed amendment. No hear­ airspace within a 5-mile radius of the Division. Any data, views, or arguments ing is contemplated at this time, but Galena Airport (latitude 64°44'10" N., presented during such conferences must arrangements for informal conferences longitude 156°56'00" W .); within 2 miles also be submitted in writing in accord­ with Federal Aviation Agency officials each side of the Galena VORTAC 089° ance with this notice in order to become may be made by contacting the Chief, T (066° M) radial extending from the 5- part of the record for consideration. Air Traffic Branch. Any data, views, or mile radius zone to 8 miles E of the The proposal contained in this notice arguments presented during such con­ VORTAC; and within 2 miles each side may be changed in the light of comments ferences must also be submitted in writ­ of the Galena VORTAC 269° T (246° M) received. ing in accordance with this notice in radial extending from the 5-mile radius The public Docket will be available for order to become part of the record for zone to 14 miles W of the VORTAC. examination by interested persons at the consideration. The proposal, contained 2. Alter the Galena, Alaska, transition office of the Regional Counsel, Federal in this notice may be changed in the light area by redesignating it to comprise that Aviation Agency, 632 Sixth Avenue, of comments received. airspace extending upward from 700 Anchorage, Alaska 99501. The official docket will be available feet above the surface within 2 miles These amendments are proposed under for examination by interested persons at each side of the Galena VORTAC 089° the authority of section 307(a) of the the Southern Regional Office, Federal T (066° M) radial extending from the Federal Aviation Act of 1958 (49 U.S.C. Aviation Agency, Room 724,3400 Whipple control zone extension east boundary to 1348). Street, East Point, Ga. 12 miles E of the VORTAC; within 2 Issued in Anchorage, Alaska, on July 5, These amendments are proposed under miles S and 5 miles N of the Galena 1966. section 307(a) of the Federal Aviation VORTAC 269° T (246° M) radial ex­ G eorge M. Gary, Act of 1958 (49 U.S.C. 1348(a)). tending from the control zone boundary Director, Alaskan Region. to 19 miles W of the VORTAC; and that Issued in East Point, Ga., on July 6, airspace extending upward from 1,200 [F.R. Doc. 66-7633; Filed, July 13, 1966; 1966. feet above the surface within a 28-mile 8:45 a.m.] William M. F lener, radius of the Galena VORTAC; within Acting Director, Southern Region. a 40-mile radius of the Galena VORTAC [F.R. Doc. 66-7630; Filed, July 13, 1966; extending from the 240° T (217° M) 8:45 a.m.] radial clockwise to the 298° T (275° M) FEDERAL COMMUNICATIONS radial and extending from the 28-mile radius area to 40 miles W of the COMMISSION [ 14 CFR Part 71 1 VORTAC; and within a 35-mile radius [Airspace Docket No. 66-AL-16] of the Galena VORTAC extending from [ 47 CFR Part 2 ] the 089° T (066° M) radial clockwise to [Docket No. 16743; FCC 66-598] CONTROL ZONE AND TRANSITION the 119° T (096° M) radial and extend­ AREA ing from the 28-mile radius area to 35 FREQUENCY ALLOCATIONS AND miles E of the VORTAC. RADIO TREATY MATTERS Proposed Alteration The action proposed herein would alter The Federal Aviation Agency is con­ the Galena control zone by increasing Notice of Proposed Rule M a k in g sidering amendments to Part 71 of the the extension length to the W by ap­ Federal Aviation Regulations which proximately 3 miles and by decreasing In the matter of amendment of Pari' the extension length to the E by 3 miles. 2 of the Commission’s rules to delete the would alter the Galena, Alaska, terminal restriction imposed by paragraph 167 oi airspace structure. The proposed 700-foot transition area would provide protected airspace for air­ the international Radio Regulations The following controlled airspace is (Geneva, 1959) on emissions in the band presently designated in the Galena, craft executing portions of prescribed Alaska, terminal area: instrument approach procedures which 90-160 kc/s, Docket No. 16743. authorize flight below 1,500 feet above 1. Notice is hereby given of proposed 1. Galena, Alaska, Control Zone the surface outside of the control zone. rule making in the above-entitled mat- Within a 5-mile radius of the Galena Air­ The proposed 1,200-foot transition area port (latitude 64°44'10" N., longitude 156°- would provide protected airspace for air­ 2. Pursuant to proceedings in Docke 56'00" W.); within 2 miles each side of the craft executing portions of the pre­ No. 13928 which amended Part 2 of the Galena TAOAN 261° radial, extending from scribed instrument approach procedures, Commission’s rules to align that par^ the 5-mile radius zone to 11 miles W of the with the international Radio Regula­ TACAN; within 2 miles each side of the missed approaches, departures, and Galena TACAN 090° radial, extending from holding procedures conducted beyond tions (Geneva, 1959) to the extent pra " the 5-mile radius zone to 8 miles E of the the limits of the Galena control zone and ticable, the footnote designator do TACAN, and within 2 miles each side of the 700-foot transition area; would reduce was added to the frequency bands 90-1 > 089° hearing from the Galena RR, extending the 1,200-foot radius transition area by 110-130, and 130-160 kc/s, in columns from the 5-mile radius zone to 11.5 miles E 4 miles; and would add extensions to the 3 and 7 of the table of frequency avo­ of the RR. W and E to provide protected airspace cations to indicate its conditions, ww " 2. Galena, Alaska, T ransition Area for portions of prescribed high altitude out change, were applicable to the na­ instrument approach procedures con­ tional table. Footnote (167) refers ,in That airspace extending upward from 700 ducted between the continental control paragraph 167 of the international Ra feet above the surface within 2 miles each Regulations (Geneva, 1959) wM■ side of the Galena TACAN 261° radial, ex­ area and the 28-mile radius transition tending from 11 to 12 miles W of the TACAN; area. states, “Only class A1 or FI, A4 or and that airspace extending upward from Interested persons may submit such emissions are authorized in the ban« 1,200 feet above the surface within a 32-mile written data, views, or arguments as 160 kc/s for stations of the fixed radius of the Galena RR. they may desire. Communications maritime mobile services.”

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 PROPOSED RUiE MAKING 9551

3. In recent years Government agen­ £ 47 CFR Part 73 3 commercial channel, or that we assign a cies have found it necessary to employ, [Docket No. 16586; FCC 66-612] UHF television broadcast channel to in the bands in question, types of emis­ Fayetteville for commercial use. The sion other than those specified in the TABLE OF ASSIGNMENTS, TELEVISION petitioner recommends that if the first international limitation and reports of BROADCAST STATIONS alternative is adopted the current edu­ interference have not arisen from such cational reservation at Arkadelphia be operations. The office of the Director Newport, Oreg.; Report and Order replaced with some other channel. of Telecommunications Management has In the matter of amendment of 2. Fayetteville is located in the north­ concluded therefore that the note need 5 73.606, Table of Assignments, Televi­ western portion of Arkansas and is the no longer be applied nationally to Gov­ sion Broadcast Stations (Newport, county seat of Washington County. Ac­ ernment users of these bands and has Oreg.), Docket No. 16586, RM-869. cording to the 1960 U.S. Census, it had a suggested the Commission may wish to 1. The Commission adopted a notice population of 20,274. The petitioner is provide the same latitude with respect to of proposed rule making in this proceed­ the licensee of aural broadcast stations its licensees. ing on April 13, 1966 {FCC 66-319), KFAY and KFAY-FM in Fayetteville 4. The Commission is also of the view based on a petition of Paul Kafoury and and asserts that he is aware of commu­ that footnote 167 may have outlived its Ray T. Moe to assign a UHF channel to nity needs which could be served by a usefulness and that it serves only to in­ Newport, Oreg. local television broadcast station, having hibit the efficient use of the frequency 2. The notice specified that the peti­ expended considerable time and money bands concerned. Accordingly, it is pro­ tioner, in accordance with paragraph 48 in assessing these needs, and that he is posed that § 2.106 of the Commission’s of the Fifth Report and Order in Docket prepared to file an application for au­ rules, the table of frequency allocations, No. 14229 (2 FCC 2d 527, 544) , should thority to construct and operate a new be amended to delete the applicability of make a showing of intention to apply for commercial television broadcast station footnote 167 to the national table by de­ the channel, if assigned, and to proceed in Fayetteville but is prevented from do­ leting the footnote indicator in column promptly with construction and opera­ ing so because of the lack of a channel 7 for the bands 90-110,110-130, and 130- tion, if a construction permit was au­ assignment. 160 kc/s. thorized. The dates for filing comments 3. Fayetteville is currently assigned 5. Deletion of footnote 167 would not, and reply comments were May 23 and only Channel 13 and that is reserved for of course, relieve the United States of its June 2, 1966, and no response has been educational use. No commercial assign­ treaty obligations. Stations using emis­ received from petitioner. Our notice was ments were provided in the corrected sions other than Al, FI, A4, or F4 would published in the F ederal R egister (31 Table of Assignments adopted in the not be permitted to cause harmful inter­ F.R. 6064), as required by § 1.412(a) (1) ; Fifth Report and Order because the 1960 ference to, nor would they be afforded' and petitioner was mailed a copy of the population of Fayetteville was less than protection from, stations of other ad­ notice of proposed rule making on April 25,000 and there were no outstanding au­ ministrations which were operating in 15, 1966. thorizations or pending applications or conformity with No. 167 of the Radio 3. Because of petitioner’s failure to petitions for a commercial assignment Regulations. In this regard, it should file comments, we are unable to take fa­ in Fayetteville. A CATV system oper­ be noted that the United States expects vorable action in this proceeding. Ac­ ates in Fayetteville with 5,600 subscrib­ to propose the deletion of No. 167 from cordingly, for good cause shown, this ers out of an estimated potential of 6,000 the Radio Regulations at the Maritime proceeding is terminated. subscribers. Signals of VHF stations Mobile World Administrative Radio Con­ KOTV, KVOO-TV, and KTUL-TV, all ference to be convened in 1967. Adopted: July 7, 1966. located in Tulsa, Okla., as well as KFSA- 6. Authority for the proposed amend­ Released: July 11, 1966. TV, Fort Smith, Ark., KODE-TV, Joplin, ment is contained in sections 4(i) and Mo., and KOAM-TV, Pittsburg, Kans., 303 of the Communications Act of 1934, F ederal" Communications are carried by the CATV. Some direct as amended. Commission,1 reception may be obtained from the ;yT* Pursuant to the applicable proce­ [seal] B en F. W aple, nearest operating station, KFSA-TV, dures set forth in § 1.415 of the Com­ Secretary. Fort Smith, approximately 50 miles mission’s rules, interested persons may [F.R. Doc. 66-7670; Filed, July 13, 1966; away. The Joplin station is approxi­ file comments on or before August 15, 8:48 am.] mately 80 miles distant, the Tulsa sta­ 1966, and reply comments on or before tion 105 miles and the Pittsburg station August 25,1966. All relevant and timely 115 miles, jk filed comments and reply comments will ' £ 47 CFR Part 73 3 4. In urging the assignment of Chan­ be considered by the Commission before [Docket No. 16749; FCC 66-613] nel 9, the petitioner argues that neither final action is taken in this proceeding. the Fayetteville Channel 13 nor the TABLE OF ASSIGNMENTS, TELEVISION Arkadelphia Channel 9 educational as­ *n reaching its decision in this proceed­ BROADCAST STATIONS signments are in operation and that ing, the Commission may also take into although interest in the Fayetteville as­ consideration other relevant informa­ Fayetteville, Ark.; Notice of Proposed signment had been expressed by the tion before it, in addition to the specific Rule Making University of Arkansas, no interest had comments invited by this notice. In the matter of amendment of the been manifest in the Arkadelphia assign­ Table of Assignments for Television ment. It is further claimed that the 8. In accordance with the provisions assignment of Channel 9 to Fayetteville set forth in § 1.419 of the Commission’s Broadcast Stations in § 73.606 of the Commission rules and regulations to add would make it possible to also use Chan­ rules, an original and 14 copies of all a channel to Fayetteville, Ark., Docket nel 9 at a location southwest of Pine statements, briefs or comments shall be No. 16749, RM-926. Bluff, Ark. furnished the Commission. 5. Channel 9 was assigned to Arka­ 1. H. Weldon Stamps has filed a peti­delphia and reserved for educational use Adopted: July 7,1966. tion for rule making, dated February 24, as the result of a proceeding in Docket Released: July 1 1 ,1966. 1966, requesting the assignment of a tel­ No. 15691, in a report and order adopted evision broadcast channel to Fayette­ in June 1965 (FCC 65-730). The fact F ederal Communications that educational interests have not an­ , Commission,1 ville, Ark., for commercial use. The pe- lseal en aple tioner requests that we either delete nounced plans for the use of that ] B F. W , channel in the short time that the chan­ Secretary. Channel 9 from Arkadelphia, Ark., where nel has been available could hardly be •R- Doc. 66-7669; Filed, July 13, 1966; it is currently reserved for educational interpreted as a lack of interest. We 8:48 a.m.] use, and assign it to Fayetteville as a find no basis for changing our decision to reserve Channel 9 at Arkadelphia at 1 Commissioner Johnson next participating. 1 Commissioner Johnson not participating. this time.

FEDERAL REGISTER, VOL. 3 ! , NO. 135— THURSDAY, JULY 14, 1966 9552 PROPOSED RULE MAKING 6. On the other hand, Fayetteville is in 8. Pursuant to applicable procedures Associates (Cullum) have filed requests an area where available UHF assign­ set out in § 1.415 of the Commission on June 29, 1966, and July 5, 1966, re­ ments are plentiful and the construction rules, interested parties may file com­ spectively, for an extension of time for and operation of a new UHF television ments on or before August 15, 1966, and filing comments in the above-captioned broadcast station at Fayetteville would reply comments on or before August 25, proceeding. Associates requests an ex­ contribute to the development of a truly 1966. All submissions by parties to this tension of 6 months—from the present nationwide television broadcasting sys­ proceeding or by persons acting in behalf July 14, 1966, deadline to January 14, tem offering a choice of programs to the of such parties must be made in written 1967, for filing comments/ Cullum re­ public and an outlet for local expression. comments, reply comments, or other quests an extension to October 14, 1966, As we pointed out in the Fifth Report appropriate pleadings. for comments, and for reply comments and Order in Docket No. 14229, our 9. In accordance with the provisions from the present deadline of August 15, failure to include communities of less of § 1.419 of the rules, an original and 1966, to November 15, 1966. than 25,000 population in the initial 14 copies of all written comments, re­ 2. The Association states that it has Table of Assignments was not to be con­ plies, pleadings, briefs, or other docu­ been working to resolve certain technical strued as a determination that such ments shall be furnished the Commission. problems and also on an alternative communities should not have local as­ Adopted: July 7,1966. method of computing MEOV and other signments but that we were merely de­ methods of calculation, and says that ferring a decision as to where such as­ Released: July 11,1966. additional time is needed for further signments should go until needs arose. F ederal Communications studies and conferences with the FCC In the light of the petitioners expressed staff. Cullum outlines studies which they Commission, are in the process of making and which, intention to apply for a channel if it is [SEAL] B en F. W aple, made available and the implied intention Secretary. he states will provide the Commission to proceed diligently with the construc­ with extensive data and recommenda­ tion and operation of the new UHF ]F.R. DOC. 66-7671; Filed, July 13, 1966; tions in this matter. facility if authorized to do so, we are 8:48 a.m.] 3. The Commission is of the view that hereby proposing to add a commercial the requested extension of time should UHF assignment to Fayetteville, Ark. [ 47 CFR Part 73 1 be granted and accordingly: It is ordered, Channel 36 was selected by means of the This 7th day of July 1966, that the time computer in accordance with the ef­ [Docket No. 16222] for filing comments herein is extended ficiency criteria used to create the over­ from July 16, 1966, to January 14, 1967, all Table of Assignments. If the assign­ STANDARD BROADCAST SERVICES and the time for filing reply comments ment is made and the petitioner or some Standard Method in Lieu of Existing is extended from August 15, 1966, to other applicant fails to act diligently, February 17, 1967. the assignment may be deleted so as to MEOV Concept; Order Extending 4. This action is taken pursuant to restore maximum flexibility to the re­ Time for Filing Comments authority found in sections 4(i), 5(d) (1), serve of unassigned channels. In the matter of amendment of Part and 303 (r) of the Communications Act of 7. Pursuant to the authority contained 73 of the Commission rules to specify in 1934, as amended, and § 0.281 (d) (8) of in sections 4(i), 303, and 307(b) of the lieu of the existing MEOV concept, a the Commission’s rules. Communications Act of 1934, as amend­ standard method for calculating radia­ Released: July 11,1966. ed, it is proposed to amend the Table of tion for use in evaluating interference, Assignments in section 73.606(b) of the coverage and overlap of mutually pro­ F ederal Communications Commission rules insofar as the listed hibited contours in the Standard Broad­ Commission, community is concerned, to read as cast Service. [seal] B en F. W aple, follows: 1. The Association of Federal Com­ Secretary. City Channel No. munications Consulting Engineers (As­ [FH. Doc. 66-7672; Filed, July 13, 1966; Fayetteville, Ark______*13,36 sociation) and A. Earl Cullum, Jr. & 8:48 a.m.]

FEDERAL REGISTER, VOL. 31. NO. 135— THURSDAY, JULY 14, 1966 9553 Notices

specimens will not be considered “casual IDAHO DEPARTMENT OF THE INTERIOR collection” and, therefore, will be con­ sidered in violation of this segregation. Notice of Filing of Idaho Protraction Bureau of Indian Affairs This classification does not limit Diagrams prospecting for, location, and mining of [Minn. Area Office Redelegation Order 1, J uly 6, 1966. Amdt. 8] locatable metallic and industrial non- metallic minerals as provided in the Notice is hereby given that effective at SUPERINTENDENT, RED LAKE General Mining Laws. and after 10 a.m. on August 10, 1966, the AGENCY This classification does not limit or following protraction diagrams are offi­ change present, use of these lands for cially filed of record in the Idaho Land Redelegation of Authority With livestock grazing purposes as provided Office, Room 327, Federal Building, Boise, Respect to Forestry Matters in the Taylor Grazing Act of June 28, Idaho 83701. In accordance with Title 43, Code of Federal Regulations, these Minneapolis Area Office Redelegation 1934. For a period of 60 days from the date protractions will become the basic record Order 1, as amended, is further amended for describing the lands for all author­ as specified below: of publication of this notice in the F ed­ eral R egister, all persons who wish to ized uses. Until this date and time the Part 3, Authority of Specifically Desig­ diagrams have been placed in open files nated Employees, is amended by the re­ submit comments, suggestions, or objec­ tions in connection with the proposed and are available to the public for vision of section 3.233. As so revised, information only. section 3.233 reads as follows: classification may present their views in Sec. 3.233. Sale of Forest Products, writing to the Prineville District Man­ I daho P rotraction Diagrams ager, Bureau of Land Management, Post Red Lake Indian Mills. The Superin­ Office Box 550, Prineville, Oreg. 97754. Nos. 54, 55, 56, 57, 58, 62, 63 tendent, Red Lake Agency, or his au­ BOISE MERIDIAN thorized representative, may exercise A public hearing on the proposed clas­ any and all authority of the Secretary sification will be held on August 15, 1966 Approved June 14, 1966 at 1 pm. at the Prineville District Office, set forth in 25 CFR Part 144. 185 East Fourth Street, Prineville, Oreg. No. 54 R obert L. Bennett, The lands proposed to be classified are Ts. 19 and 20 N., Rs. 11, 12 and 13 E. Commissioner,. located within the following described No. 55 J uly 8, 1966. area and are shown on maps on file in T. 19 N„ R. 10 E. [P.R. Doc. 66-7639; Filed, July 13, 1966; the Prineville District Office, Bureau of T. 20 N„ Rsr8 and 10 E. 8:46 a.m.] Land Management, Prineville, Oregon Boise Meridian and the Land Office, Bureau of Land Management, 729 Northeast Oregon Approved June 23, 1966 Bureau of Land Management Street, Portland, Oreg. No. 56 [O 12] Willamette Meridian, Oregon Ts. 17 and 18 N„ Rs. 18 and 19 E. — No. 57 OREGON DESCHUTES COUNTY T. 17 N„ R. 16 E. Notice of Proposed Classification of T. 22 S., R. 21 E„ T. 18 N., Rs. 16 and 17 E. Secs. 11 to 14 inclusive, Secs. 18 to 35 No. 58 Public Lands for Retention for inclusive. Multiple Use Management T. 22 S., R. 22 E„ T. 17 N„ Rs. 14 and 15 E. Secs. 7, 18 to 20 inclusive, Secs. 25 to 35 T. 18 N„ Rs. 13,14 and 15 E. m?ursuant the Act of September 19, inclusive. 1964 (43 U.S.C. 1411-18) and to the reg­ No. 62 T. 22 S., R. 23 E„ Ts. 15 and 16 N„ Rs. 16, 17 and 18 E. ulations in 43 CFR, Parts 2410 and 2411, Secs. 2 to 4 inclusive, Secs. 9, 10, 12, 14, 15, it is proposed to classify the public lands Secs. 21 to 35 inclusive. No. 63 described below for retention for multiple T. 15 N., Rs. 13, 14 and 15 E. Use management. Publication of this LAKE COUNTY T. 16 N., Rs. 14 and 15 E. notice segregates the described lands T. 23 S„ R. 21 E., rom all forms of appropriation under Secs. 1 to 6 inclusive, Secs. 8 to 17 inclusive, Copies of these diagrams are for sale tne agricultural land laws (43 U.S.C., Secs. 20 to 25 inclusive. at one dollar ($1.00) each by the Cadas­ T. 23 S„ R. 22 E., tral Engineering Office, Bureau of Land tt q £ter 7, 43 U.S.C., Chapter 9, and 25 u.b.c. 331), from sale under 2455 of the Secs. 1 to 15 inclusive, Secs. 17 to 35 in­ Management, Post Office Box 2237, Boise, clusive. Idaho 83701. Revised Statutes as amended (43 U.S.C. T. 23 S., R. 23 E., q 71.) > and the Public Land Sale Act of Secs. 1 to 15 inclusive, Secs. 17 to 20 in­ Orval G. Hadley, TT*«mber 19> 1964 (78 Stat. 988, 43 clusive, Secs. 29 to 32 inclusive. Manager, Land Office, Boise, Idaho. U-S.C. 1421-27). T. 24 S„ R. 21 E., « ®ect* X> 12, T. 24 S., R. 22 E„ W.M., Secs. 1, 2,11,12,13 and 14. [F.R. Doc. 66—7651; Filed, July 13, 1966; T. 24 S„ R. 22 E„ 8:47 a.m.] arwf‘ S t ’ 7\ 8’ T* 24 S., R. 23 E., W.M., Secs. 1 to 6 inclusive, Secs. 8 to 14 inclusive, Pin „Pnkl*0 domain lands within the Secs. 19 and 20, Secs. 23 to 28 inclusive, T oqS cTU^e Unit which are situated in Sec. 30, Secs. 32 to 35 inclusive. Fish and Wildlife Service R- 22 and 23 E., W.M., are segre- T. 24 S„ R. 23 E., chnin J rom l°cation for obsidian and Secs. 5 to 8 inclusive, Secs. 17 to 20 in­ “MARGARET F.” CORP. rny minerals under the General clusive, Secs. 28 to 33 inclusive. [Docket No. C—246] 1872, as amended. This These lands aggregate 89,708 acres Dmcrvt*011 ^oes no^ restrict access to, near Glass Butte in Deschutes and Lake Notice of Loan Application obr> or casual collection of Counties, Oreg. menihftv11'1 chalcedony mineral speci- “Margaret F.” Corp., 3107 Jarvis er rtHwo geileral Public. Useofpow- Donald Z. R obins, Street, San Diego, Calif. 92106, has obtair>i«? equipment or explosives for Acting State Director. applied for a loan from the Fisheries of nhJl« and removing large quantities [F.R. Doc. 66-7640; Filed, July 13, 1966; Loan Fund to aid in financing the pur­ idian and chalcedony mineral 8:46 a.m.] chase of a used 53.9-foot registered

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9554 NOTICES length wood vessel to engage in the section 4 of this List under an AID Letter Suspension Name and address date fishery for tuna. of Commitment issued prior to that date, Monarch Trading Co., Inc., Notice is hereby given pursuant to the and (b) a payment made to a supplier 150 Broadway, New York, provisions of Public Law 89-85 and under an irrevocable Letter of Credit N.Y ______Do. Fisheries Loan Fund Procedures (50 opened or confirmed on or before the Namdar, F a i z o llah, 277 CFR Part 250, as revised Aug. 11, 1965) suspension or debarment date indicated Broadway, New York, N.Y. Do. that the above entitled application is for that supplier irt section 3 or section 4 Rafati, Hassen, 277 Broad­ being considered by the Bureau of Com­ of this List under an AID Letter of Com­ way, New York, N.Y. _ _ _ Do. mercial Fisheries, Fish and Wildlife mitment issued prior to that date. A Transasia Marine Corp., 150 Broadway, New York, N.Y. Do. Service, Department of the Interior, bank which receives a copy of this List Transasia Steamship Co. Inc., Washington, D.C. 20240. Any person shall be held in its relationship with AID 150 Broadway, New York, desiring to submit evidence that the con­ to the standard of care described in N.Y. ______$ Do. templated operation of such vessel will § 201.73(f) of Regulation 1 (29 F.R. Transasia Transporta- / V ; cause economic hardship or injury to ef­ 12895-12908) with respect to every trans­ tion Corp., 150 Broadway, ficient vessel operators already operating action governed by an AID Letter of New York, N.Y______, Do. Commitment issued to that bank. United Steel & Wire Corp., in that fishery must submit such evi­ 375 Park Avenue, New dence in writing to the Director, Bureau Sec. 2. Contents kept current. AID York, N.Y______Nov. 18, 1965 of Commercial Fisheries, within 30 days will keep the contents of this List cur­ Western National Fabric Co., from the date of publication of this no­ rent by means of superseding or supple­ 277 Broadway, New York, tice. If such evidence is received it will menting issuances which will indicate N.Y. ______May 23, 1964 be evaluated along with such other evi­ additions to and deletions from the con­ Worldwide Export Co., 79 dence as may be available before making tents of prior issuances of this List. AID Wall Street, New York, a determination that the contemplated will bring all such changes to the im­ N.Y. ______Do. operations of the vessel will or will not mediate attention of every U.S. bank Dated: July6,1966. cause such economic hardship or injury. holding an AID Letter of Commitment W illiam O. H all, and shall provide for such other distribu­ D onald L. M cK ernan, Assistant Administrator . Director, tion as appears proper under the circum­ for Administration. Bureau of Commercial Fisheries. stances. [F.R. Doc. 66-7631; Filed, July 13, 1966; No prejudice with respect to the avail­ 8:45 a.m.] J uly 8,1966. ability of AID financing shall attach to [F.R. Doc. 66-7624; Filed, July 13, 1966; any supplier whose name has been re­ 8:45 a,m.] moved from this List. S ec. 3. Suppliers debarred from AID CIVIL SERVICE COMMISSION financing. None. GEOPHYSICS SERIES DEPARTMENT OF STATE S ec. 4. Suppliers suspended from AID Revision of Prescribed Minimum financing. The following persons have Educational Requirements Agency for International Development been suspended from AID financing until In accordance with section 5 of the LIST OF INELIGIBLE SUPPLIERS further notice pending completion of an Veterans’ Preference Act of 1944, as AID investigation of facts which may amended, the Civil Service Commission The following “List of Ineligible Sup­ lead to the eventual debarment of such has decided that the previously approved pliers” under AID Regulation 8 (29 F.R. persons: minimum educational requirements for 9534; 30F.R. 12941) is currently in effect. positions in the Geophysics Series, GS- All persons who anticipate AID financing Suspension Name and address date 1313, should be superseded by revised re­ for a transaction involving any person A a d a 1, Manoutchehr, 150 quirements. Identification of the su­ whose name appears on this List should Broadway, New York, N.Y. May 23, 1964 perseded requirements, the revised re­ take special notice of its contents. All American Fabrics Co., quirements; the duties of the positions, S ection 1. Purpose of this List. This 277 Broadway, New York, and the reasons for the Commission’s de­ List implements the provisions of AID N.Y. ______Do. cision that these requirements are neces­ Regulation 8, “Suppliers of Commodities Ameriapex Trading Co., 277 sary are set forth below. and Commodity-Related Services In­ Broadway, New York, N.Y_ Do. eligible for AID Financing” (29 F.R. American Asian Lines, 150 T he G eophysics Series, GS-1313 Broadway, New York, N.Y_ Do. (All G rades) 9534). Subject to the conditions de­ Aqua International Corp., 29 scribed below AID will not make funds Broadway, New York, N.Y_ Mar. 31, 1965 Superseded requirements. The fol­ available to finance the cost of commodi­ Cheng Feng Trading Co., lowing material supersedes that pre­ ties or commodity-related services fur­ Ltd., Chung Shan North viously appearing in 5 CFR 24.127 (pub­ nished by any supplier whose name Road 18, Lane 11, Section lished in 20 F.R. 9380, Dec. 15, 1955, AS appears on this List. A supplier whose 2, Taipei, Taiwan______June 24, 1966 amended at F.R. 9076, Nov. 7, 1959) anp name appears in section 3 of this List Chi, Chu-Hu, Chung Shan 5 CFR 24.132 (published in 21 F.R. 3080. has been placed thereon for the causes North Road 18, Lane 11, [ay 9,1956). . . Section 2, Taipei, Taiwan. Do. Minimum educational requirements. specified in § 208.5 of Regulation 8; a Chie, C. F., Chung Shan supplier whose name appears in section 4 North Road 18, Lane 11, or all grades candidates must show suc- of this List has been placed thereon for Section 2, Taipei, Taiwan. Do. jssful completion of the requiremen the causes specified in § 208.7 of Regu­ Chie Ho Industrial Co., Ltd., rescribed in either paragraph A or d - lation 8. AID has taken such action in Chang Teh Road 9-1, Lane A. A full 4-year or longer curriculum accordance with the procedures de­ 57, Taipei, Taiwan______Do. i an accredited college or university Darab, Nasrollah, 277 Broad­ lading to a bachelor’s or higher degree, scribed in Subpart D of Regulation 8. way, New York, N.Y______May 23, 1964 With respect to the interest of any En Am Machinery Works, he course work must have include«! U.S. bank which holds an AID Letter of 43-3 Chung Hsiao Street, iast 30 semester hours in mathematics Commitment, special attention is called Feng Yuan, Taichung nd the physical sciences (geophysics, to the fact that this List constitutes a Haien, Taiwan______June 24, 1966 hysics, engineering, geology, astronomy, special amendment to every Letter of Greene, Roy, 415 East 52d teteorology, electronics, etc.). At Commitment to the effect that AID will Street, New York, N.Y____ Nov. 18, 1965 [) of the 30 semester hours must be m not provide reimbursement to a bank for Harfa Commercial Co., 170 imbination of geophysics, physics, an payment to any supplier whose name ap­ Broadway, New York, N.Y. May 23, 1964 lathematics which included a .minz^ /nr Monarch Processing Corp., [ 8 semester hours in geophysics ana/ pears on this List, excepting only (a) a 150 Broadway, New York, payment made to a supplier on or before N.Y______Do. hysics and a minimum of 8 sem« _ the suspension or debarment date in­ Monarch Trading Co., 150 ours in mathematics including d dicated for that supplier in section 3 or Broadway, New York. N.Y. Do. itial and integral calculus. FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9555 In addition, for positions which re­ and scientific knowledge and skill may be Treated effluent will be discharged quire geological interpretation of data, competently evaluated. through an existing outfall sewer to the the course work must have included or East Branch of Waltz Creek, a tributary been supplemented by at least two U nited S tates Civil S erv­ of Martins Creek. courses from among the following: ice Commission, 7. Cain Township-Chester County Structural geology, regional geology, [ seal] M ary V. Wenzel, Municipal Authority. A new sewage stratigraphy, economic geology (metals, Executive Assistant to treatment plant to be constructed in nonmetals, mining, fuels, ground water, the Commissioners. Cain Township, Chester County, Pa. engineering), field geology. [K.R. Doc. 66-7668; Filed, July 13, 1966; The new facility will have a design flow B. 30 semester hours of course work of 8:48 a.m.] of 500,000 gallons per day and will effect the type and quality described in “A” a 94 percent reduction of BOD and sus­ above, in an accredited college or uni­ pended solids. Treated effluent will dis­ versity, plus additional appropriate ex­ charge into Beaver Creek, a tributary of perience and education in scientific fields the East Branch of Brandywine Creek. which when combined with the specified 8. East Cain Township. East Cain course work will total 4 years of experi­ COMMISSION Township, Chester County, Pa., pro­ ence and education and give the candi­ COMPREHENSIVE PLAN poses to acquire an existing sewage date a technical and professional knowl­ treatment plant and to improve and en­ edge comparable to that which would Notice of Public Hearing large its facilities. The new plant will have been acquired through the success­ Notice is hereby given that the Dela­ provide treatment for an average flow of ful completion of a 4-year college or uni­ ware River Basin Commission will hold 100.000 gallons per day. It will achieve versity curriculum as described in “A” a public hearing on July 20, 1966. The a 95-percent reduction of BOD and sus­ above. hearing will take place in the top floor pended solids. Treated effluent will dis­ For positions which require application conference room of the Pennsylvania charge to Park Run, a tributary of the of highly developed scientific knowledge State Office Building, Broad and Spring East Branch of Brandywine Creek. in research, development, evaluation or Garden Streets, Philadelphia, Pa., be­ 9. Leesport Borough Authority. De­ similar creative activities, or which in­ ginning at 2 p.m. The hearing will be velopment of a sewage collection system volve training for the performance of on proposals to amend the Comprehen­ and treatment plant to serve the Bor­ such work, candidates must have suc­ sive Plan so as to include the following ough of Leesport, Berks County, Pa. cessfully completed the full college cur­ projects: The new facility will provide secondary riculum as prescribed in paragraph A./ 1. Mount Penn Borough Municipal treatment for an average daily flow of Duties. Geophysicists plan, direct, Authority. A new well to be developed 200.000 gallons. Treated effluent will perform, or assist in performance of for public water supply purposes in the discharge to the Schuylkill River. scientific research, investigative, or de­ Borough of Mount Penn, Berks County, 10. Borough of Brookhaven. Enlarge­ velopmental work dealing with: Pa. The new facility, designated as ment and improvements to the sewage (1) The electric, magnetic, and gravi­ Well No. 5, is expected to yield approxi­ treatment facilities of the Borough of tational fields of the earth, mately 200 gallons per minute. Brookhaven, Delaware County, Pa. A (2) Deformation of the earth, 2. Glen Alsace Water Co. A new well new interceptor sewer and pumping sta­ (3) The motion and constitution of to be developed for public water supply tion will be constructed together with the earth, — purposes in the franchise area of the improvements to an existing sewage (4) Cosmic physics in its relation to Glen Alsace Water Co. in Exeter Town­ treatment plant. Secondary treatment the earth and its atmosphere, and ship, Berks County, Pa. Yield from the will be provided to an average daily flow (5) Response of the earth to artifi­ new facility, designated as Well No. 7, is of 385,000 gallons. Treated effluent will cially applied fields of force. expected to be about 180 gallons per discharge to Shepard Run, a tributary of Duties include making observations in minute. Chester Creek. the field or in the laboratory; compiling 3. West Bradford Water Co. A new 11. Borough of Souderton. Enlarge­ data and performing related computa­ well to be developed by the West Brad­ ment of the existing sewage treatment tions; analyzing and interpretating ob­ ford Water Co. to serve a real estate de­ facilities in the Borough of Souderton, servations and phenomena; designing or velopment in the village of Marshallton, Montgomery County, Pa. New facilities assisting in constructing specialized ap­ West Bradford Township, Chester will enable the plant to treat an average paratus and equipment for use in mak­ County, Pa. Designated as Well No. 1, daily flow of 675,000 gallons, and effect ing geophysical measurements, and for the new facility is expected to yield an 85-percent removal of BOD and sus­ testing and calibrating such equipment; about 180 gallons per minute. pended solids. Treated effluent will dis­ Making reports and preparing articles 4. Upper Southampton Municipal Au­ charge to Little Skippack Creek, a tribu­ for publication. thority. A new well to provide a supple­ tary of the Perkiomen Creek. Justification for requirements. mental source of public water supply to 12 New Jersey Turnpike Authority. sound basic knowledge of the princi- meet the needs of Upper Southampton A project to rehabilitate and expand the f™ und teohhiQues of geophysics, and Township, Bucks County, Pa. Desig­ New Jersey Turnpike Authority’s sewage Physics and mathematics is needed nated as Well No. 10, the new facility treatment plant located in Oldmans °f geophysicist duties. is expected to yield about 125 gallons Township, Salem County, N.J. Capac­ also require a sound basic per minute. ity of the plant would be increased to w lfltdge ?f geology. Appointees must 5. City of New Castle. A new well to 250.000 gallons per day. Secondary ww ability to apply scientific knowl- be developed for public water supply treatment will be provided to effluent ^ges to the work in order to solve prob- purposes by the Board of Water and prior to discharge to Game Creek, a trib­ of v ln*’erPret nnd apply the results Light Commissioners, city of New utary of Salem River. in &e°Physics and related Castle, Del. To be designated as 13. New Jersey Highway Department. physic68* and k° Perform research in geo- Schoolhouse Lane Well No. 1, the new A project by the New Jersey Highway facility is expected to yield about 500 Department to construct retaining walls only method by which the neces- gallons per minute. along Assunpink Creek from Peace tainprfi0Wltdge and training may be at- 6. Penn Argyl Municipal Authority. Street to the Delaware River, and along stnriwi S trough a directed course of Additions and improvements to the the easterly bank of the Delaware versi+v* ™ vf11 accredited college or uni- sewage treatment facilities of the Penn River from Assunpink Creek to Falls tifip ifyJ^kpre there are adequate scien- Argyl Municipal Authority in the Bor­ Street, in the city of Trenton, N.J. The tion nní?ne^L,where competent instruc- ough of Penn Argyl, Northampton proposed retaining walls are required to the gmdance are available, where County, Pa. The new facilities will pro­ facilitate, construction of the improve­ matic Work is arranged in a syste- vide for a maximum flow of 1.5 million ments to New Jersey Route 29 and the Progr¿s?i^ v fSS1Ve .^heduie and where gallons !per day and a reduction of 90 highway interchange for the Trenton- m the acquisition of professional percent of BOD and suspended solids. Morrisville toll bridge.

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9556 NOTICES Documents relating to the above proj­ cast station WEKY, Richmond, Ky., limit disclosure for protection of the ects may be examined at the Commis­ Docket No. 16125. legitimate interests of the Government sion’s offices. All persons wishing to 1. This is a proceeding for revocation in civil proceedings.® testify are requested to register in ad­ of a broadcast license which comes be­ 5. The precedents of the Federal vance with the Secretary to the Com­ fore us now on the issue of the authority courts are neither controlling nor deci­ mission. of the Hearing Examiner to require dis­ sive here and we do not hold the Federal W. Brinton W hitall, closure of exhibits and the names of Rules of Civil Procedure to be control­ Secretary. witnesses in advance of the hearing. ling. However the analogy of Federal J uly 8,1966. 2. By an order of March 28, 1966, civil proceedings is helpful and the ex­ [P.R. Doc. 66-7628; Piled, July 13, 1966; Hearing Examiner Naumowicz directed perience of the Federal courts in similar 8:45 a.m.] exchange by,the Broadcast Bureau and proceedings is instructive. The Com­ the respondent on specified dates of a mission has delegated to its Hearing statement identifying all nonstipulated Examiners full authority to control the exhibits which either party intended to course and conduct of adjudicatory pro­ FEDERAL COMMUNICATIONS offer in evidence, and a list of witnesses ceedings that have been referred to them, which each party proposed to call to­ with the exception of particular matters COMMISSION gether with a brief statement as to the specified in the rules to be acted upon scope of testimony of each. The order by the Commission, the Review Board, [FCC 66-604] provided that additional exhibits or or the Chief Hearing Examiner, 47 CFR STANDARD BROADCAST APPLICA­ witnesses would not be received or heard 0.341. Pursuant to this general author­ TION READY AND AVAILABLE FOR except for good cause and that each ity, we hold that the Hearing Examiner party should notify the other and the in the proceeding has the power to enter PROCESSING the order in issue here in his discretion. J uly 11,1966. Examiner if he decided not to produce an exhibit or witness listed. By a memo­ If the Broadcast Bureau believes that In accordance with the Commission’s randum opinion and order of April 25, the names or identities of any witnesses action of July 7, 1966, granting a waiver 1966, the Review Board set aside the should be withheld under the informer’s of § 1.571(c) of its rules to permit expe­ Examiner’s order. The case comes to the privilege, or for other valid reasons, it ditious processing of the below-described Commission on respondent’s petition for may make an ex parte application to application, notice is hereby given that review of the Review Board’s order the Examiner for an appropriate order on August 16, 1966, the following appli­ and an opposition to such petition by upon a proper showing. Similarly, if cation the Chief of the Broadcast Bureau. the Broadcast Bureau finds it necessary WJRZ Hackensack, N.J. 3. The trend of modem development to call witnesses not now known to it, WJRZ, Inc. in trials and hearings, both judicial and as in the event of the need to authenti­ Has: (cp) 970 kc, 5 kw, DA-N, U. administrative, is toward the early in­ cate documents, it may make application Req: 970 kc, 5 kw, DA-2, U. formal disclosure of all relevant evidence to the Examiner as late as the time of will be considered as ready and available and Information and away from the view hearing. Having authority to enter the for processing, and pursuant to § 1.227 of trials and hearings as a sport or game order, the Examiner has full authority (b)(1) and § 1.591(b) of the Commis­ in which the skill and strategy of counsel to modify it and to adapt it to the exig­ sion’s rules, an application, in order to be may be determinative. Thus the Ad­ encies of the proceeding and the hearing. considered with this application, or with ministrative Conference of the United 6. This ruling does not constitute a any other application on file by the close States approved the principle of discov­ holding that each party in every Com­ of business on August 15, 1966, which ery for adjudicatory administrative pro­ mission proceeding has a right to secure involves a conflict necessitating a hearing ceedings and recommended the adoption the names of witnesses of adverse parties with this application, must be substan­ of discovery rules by each agency.1 The in advance of hearing, or that the names tially complete and tender«! for filing at Commission has taken steps to imple­ of witnesses should be exchanged in ad­ the offices of the Commission in Wash­ ment this recommendation by instituting vance of hearing in all adjudicatory ington, D.C., by whichever date is earlier: a rule making proceeding looking toward proceedings. Whether or not such dis­ (a) The close of business on August 15, the adoption of discovery procedures.® closure is appropriate, will expedite the 1966, or (b) the earlier effective cutoff We do not now intend to anticipate proceeding and conduce to the ends of date which this application or any other the result of that proceeding. We here justice, and therefore should be ordered conflicting application may have by vir­ decide only the issue presented by the is a matter resting in the sound discretion tue of conflicts necessitating a hearing instant case, although we note that the of the Hearing Examiner in each pro­ with applications appearing on previous Examiner’s order is consistent with rec­ ceeding, to be exercised upon a full con­ lists. ommendations of the Administrative sideration of all circumstances and after The attention of any party in interest Conference and our own more recent hearing the parties. We hold only that desiring to file pleadings concerning the actions. the Hearing Examiner in an adjudicatory above application pursuant to section 4. The disclosure of the names of trial proceeding which has been referred to 309(d) (1) of the Communications Act of witnesses in advance of trial is a practice him has the power to make such an order 1934 as amended, is directed to § 1.580 (i) widely followed in Federal courts in re­ and that such an order rests in his of the Commission’s rules for the pro­ cent years.® Although some authorities sound discretion. While the Review visions governing the time of filing and suggest that this power arises under the Board understandably applied what it other requirements relating to such discovery rules,4 there is also substantial deemed to be controlling Commission pleadings. authority that the power is part of the precedent in a situation such as this, we believe the new approach here follow«* Adopted: July 7,1966. inherent power of the judge to control the course and conduct of proceedings.® by the Hearing Examiner to be the prei- F ederal Communications In any event it is clear that the trial erable one from the standpoint of more Commission,1 judge has ample authority to exercise effective agency process/ It is com­ [seal] Ben F. W aple, discretion to protect informers and to mendable for a Hearing Examiner Secretary. exercise firm control of the course a ^ [P.R. Doc. 66-7673; Plied, July 13, 1966; conduct of a proceeding and to eaop 1 Selected Reports of the Administrative such innovations in procedure as a 8:48 a.m.] Conference of the United States, 88th Cong., 1st sess., S. Doc. No. 24, p. 63, Recommenda­ consistent with the statutes, the rules [Docket No. 16125; FCC 66-619] tion No. 30. 2 Notice of proposed rule making (FCC * Wirtz v. Continental Finance & Loan Co., TINKER, INC. 66-173), Docket No. 16473, Feb. 28, 1966. 26 F. 2d 561 (CA 5th 1964). N ’ As stated in our notice in Docket _ _ Memorandum Opinion and Order 8 1A Barron and Holtzoff, Federal Practice and Procedure 840, sec. 472. 6473, we are considering the question o In the matter of revocation of the li­ 4 4 Moore’s Federal Practice 1075, sec. 26.19. evisions with respect to prehearing P cense of Tinker, Inc., for standard broad- 8 Wirtz v. Hooper-Holmes Bureau, Inc., 327 edures; such revisions, which we nop F. 2d 939 (CA 5th 1964); Barron and Holtzoff, onsider in the near future« would be xxH+*» t/hA nresent holding. 1 Commissioner Johnson not participating. op. cit. supra. FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9557 the Commission, the rights of the parties, Mailing date for exchange of exhibits and adapted to achieve expedition of is August 16, 1966; DEPARTMENT OF AGRICULTURE proceedings, the full disclosure of facts Decision date for Broadcast Bureau’s and the attainment of justice. participation is September 2, 1966; Agricultural Stabilization and 7. Accordingly, it is ordered, That the Notification of witnesses for cross- Conservation Service Petition for Review filed May 2, 1966, by examination is scheduled for September DIRECTOR OR ACTING DIRECTOR, respondent herein is granted; the 7,1966; and memorandum opinion and order of the KANSAS CITY ASCS COMMODITY Review Board, released April 25, 1966, is Hearing presently scheduled for Sep­ OFFICE reversed; and the provisions of Para­ tember 8, 1966 is continued to September graph 4 of the order of Examiner 14, 1966. Delegation of Authority Naumowicz, of March 28, 1966, are re­ Released: July 11,1966. Pursuant to the authority vested in me instated, subject to the provisions of this by the Processor Wheat Marketing memorandum opinion and order. F ederal Communications Certificate Regulations £29 F.R. 6271, as Commission, Adopted: July 8,1966. amended), I hereby delegate to the in­ [seal] B en F. W aple, dividual designated below the respon­ Released: July 11,1966. Secretary. sibility which is described below. The F ederal Communications [F.R. Doc. 66-7676; Filed, July 13, 1966; authority herein delegated shall be exer­ Commission,8 8:49 a.m.] cised in conformity with the require­ [seal] Ben F. W aple, ments of the Processor Wheat Marketing Secretary. Certificate Regulations and may not be redelegated. [F.R. Doc. 66-7674; Filed, July 13, 1966; FARM CREDIT ADMINISTRATION Delegation 1. Change in reporting pe­ 8:48 a.m.] riod; industrial users of flour second [Farm Credit Administration Order 708] clears. The Director or Acting Director, Kansas City ASCS Commodity Office [Docket No. 16678; FCC 66M-946] GOVERNOR OF FCA may, for good cause shown, approve a BAY BROADCASTING CO. change in the reporting period estab­ Officials To Act in His Stead lished for use by the industrial user of Order Continuing Prehearing flour second clears. J uly 8, 1966. Conference (Sec. 379(a) to 379(j), 52 Stat. 31, as Authority of officers of Farm Credit amended; 7 U.S.C. 1379a to 1379j) In re application of Bay Broadcasting Administration to act as Governor in Oo., San Francisco, Calif., Docket No. event that Governor is absent or not able Signed at Washington, D.C., on July 16678, File No. BPCT-3621; for construc­ to perform duties of his office for any 7, 1966. tion permit for new television broadcast other reason (revocation of FCA Order H. D. Godfrey, station (Channel 38). Administrator, ASCS. It is ordered, This 8th day of July 1966, No. 699). 1. In the event that the Governor is [F.R. Doc. 66-7646; Filed, July 13, 1966; by the Hearing Examiner on his own 8:47 a.m.] motion, that the prehearing conference absent or is not able to perform the duties in the above-entitled matter now of his office for any other reason, the scheduled for July 12,1966, is rescheduled officer who is the highest on the following to commence at 9 a.m., September 2, list and who is available to act is hereby Consumer and Marketing Service 1966, in the Commission’s offices in authorized to exercise and perform all CERTAIN HUMANELY SLAUGHTERED Washington, D.C. functions, powers, authority, and duties LIVESTOCK pertaining to the office of Governor of the Released: July ,1966. 1 1 Farm Credit Administration: Identification of Carcasses; List of F ederal Communications (1) Harold T. Mason, Deputy Gover­ Establishments Commission, [seal] B en F. W aple, nor. Pursuant to section 4 of the Act of Secretary. (2) Glenn E. Heitz, Deputy Governor August 27, 1958 (7 Ü.S.C. 1904), and the and Director of Cooperative Bank statement of policy thereunder in 9 CFR [F.R. Doc. 66-7675; Filed, July 13, 1966; Service. 381.1, the following table lists the estab­ 8:49 a.m.] lishments operated under Federal inspec­ (3) F. Vernon Wright, Deputy Gov­ tion pursuant to the Meat Inspection Act [Docket Nos. 16667, 16668; FCC 66M-945] ernor and Director of Short-Term Credit (21 U.S.C. 71 et seq.) which were officially Service. reported on June 1, 1966, as humanely IUNDE CORP. AND KASI IOWA, INC. (4) Glenn G. Browne, Deputy Gover­ slaughtering and handling on that date nor and Director of Land Bank Service. the species of livestock respectively Order Continuing Hearing (5) Harold A. Miles, Assistant to the designated for such establishments in the table. Additions to and deletions from Am11 r? aPPlications of Lunde Corp., Governor. this list will be made from time to time, RPWS’J? Wa’ Docket No- 16667, File No. (6) Paul O. Ritter, General Counsel. as the facts may warrant, by notices pub­ rvJT b016; Kasi Iowa, Inc., Ames, Iowa, (7) Any Deputy Director of one of the pocket No. 16668, File No. BPH-5118; for lished in the F ederal R egister. The construction permits. above-named Services designated by the establishment number given with the name of establishment is branded on mii!L forma^ize the agreements and Governor. 2. This order shall be effective July 8, each carcass of livestock inspected at in»- „gsJnac^e on the record at a prehear- that establishment. The table should ahg^ nfef.^ ce held on July 8.1966, in the 1966, and supersedes Farm Credit Admin­ not be understood to indicate that all matter concerning the istration Order No. 699, dated July 28, species of livestock slaughtered at a listed e conduct of this proceeding; 1964 (29 F.R. 11167). that.S ordered> This 8th day of July 1966 establishment are slaughtered and han­ R. B . T ootell, dled by humane methods unless all spe­ Governor, cies are listed for that establishment in Farm Credit Administration. the table. Nor should the table be un­ of Commissioner derstood to indicate that the affiliates of Missionf».aiT Pifrt of oriSinal document; Com­ [F.R. Doc. 66-7652; Filed, July 13, 1966; any listed establishment use only hu­ m oner Johnson absent. 8:47 a.m.] mane methods:

No. 135—pt. i- FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 stablishments laughtering umanely 9558 Establishments Slaughtering H umanely E S H —Continued

Cattle Calves Sheep Goats Swine Horses Name of establishment Establishment No. Cattle Calves Sheep Goats , Swine Horses Name of establishment Establishment No.

on f t 41 ...... (*) (*) f t M 2TT ___ f t (*) f t f t 43 (*) 2W f t 44 (*) 2AF> 44A...... (*) (*) (*) Aß (*) 2AG ...... (*) \ 2AT . ______f t f t f t S3 (*) 2ATT ___ f t 56 m (*) (*) 57 —. (*) (*) 2T5A M (*) fin 2EM ...... f t (*) 2TTT ...... f t 60A...... (*) (*) (*) (*) W ßi (*) (*) 2T.T> ___ f t fi2 2SA...... f t (*) 2ST) f t ßR (*) (*> 66 ...... (*) 2ST ___ f t Eß7 2WN...... (*) (*) ft f t RR (*> (*) C) (*) 2WP...... 71 (*) 3A...... (*) (*) f t f t 72 V P q ______f t f t (*) (*) (*) 3B...... 73 « pn ^ ______3C...... (*) (*) 7R (*) 3D...... f t f t f t f t f t 7fi (*) (*) w PO . , . r ___ 3E...... (*) 70 (*) (*) Ho ______3F...... (*) f t ' f t f t «n <*> Po „ % ______3H...... - f t (*) f t f t air __ f t äi _ (*) (*) (*) (*) E83__I-...... ft T>o 3L...... f t (*) Ä4 T>o - ______— 3R...... - f t (*) f t (*) ?s _____ «5 (*) (*) 86 p 0 3T __ (*) (*) f t f t (*) 3V . ______f t RR (*) X (*) (*) C*) "Do 89 ...... f t 1 Po a 7. ___ . f t (*) (*) (*) (*) v)o SAG ...... ft f t 02 (*) (*) f t f t 03 (*) (*) (*) (*) TUy 3AE...... (*) OA ?*> (*) C) TV> 3AE __ f t OR m Po 3AN...... f t f t f t f t (*) (*) (*) Oft __ NOTICES Po SAW . _____ f t f t (*) (*) Po ar.n f t f t 07 „ . (*) f t f t f t 07 A (*) Po 3FF...... | (*) OR (*) (*) Po am f t inn .. - . Po 3NNT ...... (*) f t f t (*) (*) Po 3TTTT ...... f t . (*) f t f t 101 (*) (*) 8 „ . ___ f t f t 102 (*) RB __ 103 (*) Po 9 - ■ - (*) 10A (*) ft 10 ______(*) (*) 107 J9 (*) f t f t j- f t v T)n 12A...... f t lio ____ 111 (*) (*) u Po 120 __ . (*) f t 119 Po 12T> ___ (*) 113 (*) Po 120...... f t f t 114 Po 12P ___ (*) (*) no (*) (*) Po 12T1 _____ (*) 117 , (*> (•) ______— (*) (*) Do...... 12FW...... (*) f t _____ 191 ...... — f t ---- (*) ft Mickelberrys Food Products Co______...... 122 (*) 17...... f t 12R Po 17A ...... f t (*) (*) Po 17T> f t f t f t 12R __ (*) (*) (*) ft 130 _ ...... (*) Po 17E...... f t f t 133 ft Po ) 17TT ...... f t 13A . 1R (*) f t (*) (*) (*) (*) 19 ...... (*) 142 _ (*) po 10R! . _ f t f t 144 ft 20A...... (*) f t 153 (*) (*) Po 20T (*)' f t 157 (*) Do 20N...... f t (*) (*) f t 158...... (*) Po 20Q...... (*) ft ft Missouri Farmers Association, Packing Po 2 0 f r ft 159...,...... (*) ; f t IfiO v (*) Po 2 0 V ...... <*) ft ft f t 1fi2 ft 23 ft f t W 25 f t ; f t 166 (*) (*) (*) 2 8 ...... f t 166A...... (*) (*) (*) (*) f t 170 (*) M f t 30 (*) (*) 31 (*) 171 i ...... (*) (*) (*) 39. (*) 180 . f t Do 32 A (*) f t 181 .. (*) 34 . f t f t f t f t IRfi (*) (*) (*) f t 36 ...... f t f t Do iRßn (*) (*) 37 f t 187 (*) 39 f t f t 191 (*) (*) Armour & Co_____ . ______. 40...... f t f t (*) f t 1...... Krey PackineCo...... »...... 192...... (*) f t

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 E stablishments Slaughtering H um anelt—Continued E stablishments Slaughtering H um anely—Continued

Name of establishment 1 Establishment No Cattle Calves Sheep Goats Swine Horses Name of establishment Establishment No. Cattle Calves Sheep Goats Swine H o rse s

196...... (*) Melton Provision Co______311 ______(*) (*) (*) (*) Hynes Packing Co______197...... / (*) (*) Ideal Packing Co., Inc______312 ______(*) United Fryer & Stillman, Inc______198...... (*) Rudy’s Farm Co..______315 ...... (*) George A. Hormel & Co...-...... 199...... (*) (*) Dutterler’s of Manchester, Inc______316 ____ ..... (*) do...... :...... ' 199A...... (*) Austin’s Packing Co____ . ______317 ...... (*) (*) (*) (*) Do______199D...... (*) Estes Packing Co______31 9 ...... Do...... 199H...... (*) (*) Stadler Packing Co., Inc______320 (*) C) Do...... 199T . Rudnick Packing Co., Inc______Do...... 199N...... 325...... (*) (*) (*) (*) Frisco Packing Co______327 ______Z (*) Watkins Packing Co______200...... (*) (*) (*) C. & M. Meat Packing Corp______Cudahy Packing Co...... 202..... (*) 3 2 9 ...... m (*) (*) Royal Packing Co______331A ...... n Platte Valley Packing Co______203...... (*) Shapiro Packing Co., Inc______Emge Packing Co., Inc______332...... ! ____ (*) '(*) 205...... (*) .(*) Great Western Packing Co., Inc__— 334...... National Packing Co., Inc...... 208...... (*) (*) Noble’s Independent Meat Co_____ 335 ______(*) (*) Heinz’s Riverside Abattoir, Inc______210___ (*) Chino Valley Meat Packing Co., Inc. Penn Packing Co______212...... 336...... (*) (*) Sam Kane Packing______337...... (*) (») Elburn Packing Co______213...... (*) Green & Oliver Sausage Co______338 Kneip Packing Co...... 213C...... C) (*) Midland Empire Packing Co., Inc... 339...... L...... (*) Dold Packing Co., Inc...... 214...... (*) Des Moines Packing Co______Marshall Meat Products, Inc...... 215...... 340...... M (*) Peters Packing Co., Inc___. ____ ... 341 (*) Lincoln Meat Co.. 217...... (*) Puckett Packing C o ....______(*) York Packing Co., Inc______220...... 343...... (*) State Packing Co., Inc— ______... 344...... W Gwaltney, In c..______221A...... Anza Packing Co______Armour & Co______222...... 345...... M (*) (*) (*) (*) Union Packing C o ...______351...... (*) De Jong Packing C o..— ...... 223...... (*) (*) Samuels E. Tex Packing Co...... Hyerade Food Products Corp 224...... (*) 353...... —. (*) (*) Fresno Meat Packing Co______l_. 354...... f ) (*) Do...... 224B...... (*) (») (*) Hernando Packing Co., Inc_____ Contris Packing Co______227...... 355...... (*) (*) Marks Meat Co...... 362...... n C) Gold Merit Packing Co., Inc______232 (*) Meyer’s Packing C o..______Walti Schilling & Co., Inc______235...... (*) 363...... (*) Montebello Meat Racking Co______364...... (*> Animal Husbandry Department Texas' 236...... (*) (*) James Allan & Sons______Technological College. (*) (*) 365...... (*) (*) Ç*) Raskin Packing Co______Bowling Provision Co., Inc______372 . W 237....-...... (*) Fischer Packing C o...______374 P. D. & J. Meats.______240...... (*) (*) (•) (*) (*) Cross Bros. Meat Packers, Inc_____ 376...... (*) (*) (♦)

Clougherty Packine Co____ NOTICES 241...... (*) Salinas Meat Co______378...... Greenwood Packing Plant______242...... (*) W (*) (*) <*) I. Klayman & Co______(*) (*) Emge Packing Co., Inc______380...... (*) 243...... (*) Smithiield Packing Co., In c...... ___ 3 8 2 ______Blue Ribbon Beef Packing, Inc ______244...... (*) Acme Markets, Inc______(*) Iowa Beef Packers, Inc.. 245...... 384...... (*) (*) City Custom Packing Co., Inc_____ 387...... (*) (*) (*) Do...... 245A...... (*) Liebmann Packing Co______Do...... 245C...... 3 88— ...... (*) (*) (*) Dugdale Packing Co...... 3 90...... (*) John Morrell & Co______246...... (») Oldham’s Farm Sausage Co., Inc___ Harget Realty Corp...... 247...... (*) 392...... (*) (*) Glenwood Packing Co______3 9 4 ...... (*) Federal Packing Co., Inc..______249...... (*) (*) Robert L. Runtz, Inc...... Frosty Morn Meats, Inc______250...... 3 95...... (*) (*) (*) Dubuque Packing Co______3 96...... (*) (*) (*)(*) Prairie Packing Co__ 253...... *Ü Logan Packing Co...... Seilers, Inc______257...... 3 9 7 ...... (*) ...... : Piute Packing Co...... _ (*) Watsonville Dressed Beef, Inc___1... 3 98...... (•) 259...... (*) Superior Packing Co...... 3 9 9 ...... Hyplains Dressed Beef, Inc...... 262____ (*) « Thé Jones Dairy Farm______Los Banos Abattoir.. J...... 4 00...... (*) (*) 263...... Owens Country Sausage, Inc___ 4 03...... Farm Pac Kitchens, Inc...... 266...... :...... (*) South Chicago Packing Co...... (*) Pacific Meat Co., Inic______267...... 404A ...... (*) (*) (*> (*) (*) Williston Packing Co., Inc...... 405...... (*) Snyder Packing Co______270...... (*) Neuhofl B ro s....______ijt...... Golden Valley Packing C o...______271...... 4 0 6 ...... (*) (*) (*) (*) (*) Endlich Packing Co., In c...... 4 1 0 ...... (*)...... Tog Packing Co., Inc...... 273...... (*) Alpine Packing Co...... Elliott Packing Co______274...... 4 1 2 ...... (*) <*) ...... (*) (*) (*) O The Lundy Packing Co...... 4 1 3 ...... Acme Markets, Inc______279...... (*) (*> Do.— ...... Rea Serum Co...... 280______4 1 3 A ...... m San Angelo Packing Co., Inc__ h Frosty Morn Meats...... 414______(*) (*) (*) 281______(*) (*) (*) (*) Minden Beef Co...... 417...... Agar Packing Co.______282...... Philadelphia Boneless Beef Co...... Do...... 282B...... 4 18...... i* î n Murray Packing Co., Inc...... § 421...... (*) Solano Meat Co______285...... (*) (*) E. W. Kneip, Inc., of Iowa...... Western Packing Co...... (») 4 2 2 ...... (*) 288...... The Collins Packing Co...... 4 23...... Arbogast & Bastian Co____ 289...... (*) (*) (*) /*\ (*> The H. H. Meyer Packing Co____ Do...... 423A ...... (*) 290...... (*) Hebron Packing Co., Inc...... 425...... San Jose Meat Co...... 291...... (*) (*) (*) Sioux Quality Packers, Inc...... Queen Packing Corp.___. . . . . ______4 3 6 ...... (*) 292...... ----. —— Schneider Packing Co...... 4 3 9 ...... Mid Packing Co...... 292A...... (*) (*) -----— -----— ...... Gus Juengling & Son, Inc...... Omaha Dressed Beef Co., Inc.._____ 4 41...... (*) 298...... (*) Del Curto Meat Co...... 4 4 5 ...... Waldock Packing C o...... 299...... (*) (*) C ) \ (*)(*) (*\ Peerless'Packing Co., Inc.. . . ______4 4 8 ...... Great Palis Meat C o...... 301...... (*) (*) £ ) Commercial Packing Co., Inc__ 302...... (*) Standard Meat Co___^...... 451...... (*) (») Dewitt Packing Corp...... 45 6...... Union Packing Co__ 305...... (*) Swift & Co____ i...... (*) (*) Do...... 305A ...... 4 5 9 ...... (*> (*) ' Morris Rifkin & Sons, Inc______46 0...... Star Packing Co______306...... (*) — Survall Packing Co...... 307...... Pioneer Boneless Beef, Inc______4 6 1 .. j ...... (*) Lancaster Packing Co...... 462...... Kaufman Meat Packers, Inc.. 310...... (*) (*) o - ______- ...... ______9559

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9560 .Establishments Slaughtering H umanely—Continued E stablishments Slaughtering Humanely—Continued

Name of establishment Establishment No. Cattle Calves Sheep Goats Swine Horses Name of establishment Establishment No. Cattle Calves Sheep Goats Swine Horses

465 . . 628. (*) (*) 467 . S (*) (*) 630...... (*) P (*) P 468 P 632 ... (*) 471 ...... n (*) (*) 633...... ‘ P P 472 p 635.... (*) 473 p 636 .. P 477 643 . (*) 478 P 645...... - .. (*) 483 P 646...... P 485 (*) 647...... (») 487...... P (*) 648...... P 488...... p (*) (*) (*) (*) 649. . —...... (*) (*) (*) (•) 489...... P 650...... (*) 490...... (*) (*) 653...... (*) (*) (*) 492...... p sa (*) 654 P 494 (*) 655...... P (*) 499 p C) 657...... P SOI p 660 P Swift Oo 505 ___ p fifil P (*) Rosen Meat Peeking On., Tne 507 ...... p (*) C) 062 (’) (*) (*) 509 p é 603 __ P 510 p (*) 665 511 __ 0 O 666 P 512 p (*) 667 (*) Capitol Packing On 513 p e) (*) 671 (*) 515 .. p 672 ...... P (*) (*) Charles Miller & Co 517 __ O 673 ...... P Illinois Peeking On 521 p 675 P Pearl Packing Co., Inn ...... 524...... p « (*) (*) 678 __ P (*) Armour & Co . ’ 528 p (*) 680 . __ (*) (*) (*) C) Smallwood Packing On., Tne 529 p 681 (*) Omaha Packing Co____ _ 532.... p 682 (*) (*) (*) Pepper Packing Oo. 536... p 683 ' P 684 P do...... r...... 537A. p (*) (*) (*) NOTICES Do...... _...... 537C_ P 685 (*) P (*) P Do...... 537E_ (*> 689 (*) (*) (*) P Midwest Packing Co...... ____ 538. ... (*) 691 (*) P Wholesale Cooperative Meat Dealers 541 (*) 692 (*) Association. 693 P Oreendell Peeking-Onrp 542 (*) Animal Husbandry Department, Kansas 694 (*) (*) P P United Dressed Meat, inn 1 __ 546 p s*) (*) State University. Pride Packing Oo., In'e 549 (*) (*) 695 (*) Piute Packing Co ’...... 560 .(*) w (*) (*) (*) 696 (*) (*) Salter Packing" Oo . 651 (*) 698 (*) Black Hills Peeking Oo 554 P (*) 706 (*) (*) Mid South Packers, Inc.. .., 657 P p E713...... P Cudahy Co...... ______559 p o (*) 716 (*) D. & W. Packing Oo 560 p (*) 717,...... P Emery Land CoT 561 p Do 717A...... P Packerland Packing On., Tne 562 (*) 718...... P John Morrell & Co . ' ...... 564 (*) K-M Co 719...... (*) Texas Meat Packers, Tne . __ _ 565 (*) 726-,...... (*) (*) (*) (*) Elmer-Bender & Son, Tne ...... 569 <*) (*) 727 (*) Perretta Packing Co." Tne ...... 671 (*) 729... P Frostv Morn Meats, Tne 576 m P 730 .. P Armour & Co...... 1______579 sa 731...... P P Klngsford Packing Co., Inc______581 732...... P (*) (*) P Cofleyville Packing Co., Inc______583 p 733 P Stoppenbach Sausage Co...... 585 p (*) (*> E734...... (*) Dawson Baker Packing Co., Inc______588. p O . (*) 736 PP (•) Austin Community Livestock Processors, 590 p (*> 738 PP (*) Inc. 739 P (*) Swift & Oo 691 (*) C) <*) 741...... P P( (*) Harman Packing Oo ... 596 p 742 P Elk Grove MeaF Oo 601 P s*) 746...... J .. (*) (*) San Antonio Packing Oo . __ 602 p (*) (*) , (*) 747 P Wrleht Packing Co.“ Tne ____ 603 p (*) 749...... P (*) Swift & Oo 608 p 753 (*) Eastern Oregon Meat, On., Tne .’. __ _ 611... P O ' (*) c) 755 P National Tea C o...... 613 (*). (*) 756A P P Donner Packing Co...... 614 p 758 P Rummer Meat Co., Inc 617 . P (*) (*) O 760 (*) Acme Meat Co., Inc__ 618 (*) 8 761 (*) Do8kocil Sausage, Inc...... 623 (♦) (*) 767 P (*) Empire Packing Co...... 625 (*) 70S (*) (*) (*) Star" Provision Co. 626 ira Earl Gibbs. Inc.—. ______770...... P Big Toot Packing Co., In c ...... - 627...... ê) f FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 E stablishments Slaughtering H um anely—Continued E stablishments Slaughtering H um anely—Continued

Name of establishment Establishment No Cattle Calves Sheep Goats Swine Horses Name of establishment Establishment No. Cattle Calves Sheep Goats Swine Horses

Cad well Martin Meat Co______773...... 952 _ (*) Modern Meat Packing Co______774...... 956 (*) \ n Atlas Packing Co. 778...... 1 959 n The Cudahy Co______. , ,, , 779...... (*) 960 Bryan Bros. Packing Co 780...... (*) f t (*) o (*) 963 Diamond Meat Co., I n c ,...______783...... w (f) (*) * m 965 r ) Granite State Packing Co_____ .... 788...... <*) 967 M. Jacobson Sons Co., Inc.______w (*) 786...... W 969 (*) Aurora Packing Co., Ihc______788...... $ 970 YÌ Baum's Meat Packing______792.__ ' M (*) (*) (*) (*) (*) 974 (*) (*) Western Iowa Pork______806...... 981 Acee's Meat Co., Inc______(*) * 809...... (*> (*) 988 h The G. Erhardt Sons, Inc__ 8 10-...... m (*) 985 Castle Brands, Inc______M 816...... 987 - (*) Rochester Independent Packer. Inc___ 817______(*) 988 (*) J. H. Routh Packing Co____ _ 818...... (*) 992 Henry Meyer’s Sons, Inc...... 822___ (*) (*) c*> 994 (*) Sterling Colorado Beef Co___ 823.,____ (*) 995 Superior Packing Co.. Inc...... <*) (*) 825...... (*) 995A (*) Bristol Packing Co______828— ...... <•) (*) Do____ ' ” 995 c Berchem’s Meat Co. . (*) n 830...... r e 1005 (*) (*) White Packing Co., Inc______835...... - (*) 1009* John Morrell & C o.__ .... 836...... (*) (*) (*) Nat Buring Packing Co. of Arkansas 8 ♦ (*) (*) (*) (*) 837B____ (*) (*) 1085 (*) (*) Frederick County Products, Tnc 838...... H (*) (*) Î136A (*) Herman Kemper’s Sons, Inc . 839...... (*) (*) Reelfoot Packing C o ..______1171 f ) 840...... 8 (*) 1176 (*) G. Bartusch Packing Co_____ 843...... M 1303 Arena Dressed Beef Co...... 863...... (*) (*) 1311 R Sioux City Dressed Beef Co...... 887...... n 1312 Siouxland Dressed Beef Co___ 857P...... (*) (*) 1315 (*) (*> Needham Packing Corp. of M ontana...... 857G...... <*) (*) 1318 (*) Sioux Beef Co.^ division of Needham ' 8570...... M 1485 Jordan Meat & livestock Co., Inc 858...... (*) (•) (*) (*) n 1718 (*) Bunker Hill Packing Corp___ 859...... M NOTICES Wells & Davis, In c.______860 M Sierra Meat C o ..—. . . . . 862...... H Done at W ashington, D.C., this th day of July 1966. Tennessee Dressed Beef Co.. 865— ...... H 6 Fort Morgan Dressed Beef, Inc...... 866...... H (*) R . K . S o m e r s , Genesee Packing Co____ 868...... (*) Deputy Administrator, Consumer Protection, Hardy & Co., Inc______869.... (*> n Long Creek Meat C o .... 870...... n (*) Consumer and M arketing Service. Santa Ana Packing Co_____ 874...... W [F.R. Doc. 66-7544; Filed, July 13,1966; 8:45 a.m.] Samuels & Co., Inc... 878...... c ) (*) Pahler Packing Corp, 880...... Vermont Dressed Beef Co., Inc 883...... Alco Packing C o ... 885...... (*> (*) C) Office of the Secretary G eorgia—Co n tin u e d Walden Packing Co.. Inc___ 886...... 8 Sambol Packing Co______892______, <*) Tobin Packing Co., Inc GEORGIA Coffee. Pierce. 893...... (*) Effingham. Tattnall. Vernon Calhoun Packing Co 897...... (•) Meats, Inc_____..... 899.... M c*) Designation of Areas for Emergency Evans. Ware. Sigman Meat Co., Inc. . . . 901— ...... (*) . _____ Jeff Davis. W ayne. Do...... (*) 901B...... (*) L o a n s L anier. Party Packing C orn...... 902______(*) Kane's Dressed Beef.. For the purpose of making emergency „ , , 9 0 7 .,...... h Hoosier Veterinary Laboratories. Inn 912____ (*) loans pursuant to section 321 of the Con- Pursuant to the authority set forth National Meat packers, Inc.. . 917...... (*) B. Constantino & Sons Co...... solidated Farmers Home Administration abo^ e- emergency loans will not be made 918...... H Alice Packing C o ...______921____ (*) (*) j Act of 1961 (7 U.S.C. 1961), it has been & the above-named counties after June Valleydale Packers, Inc., of Bristol 922...... (* © <♦) determined that in the hereinafter ^67, except to applicants who pre­ South Philadelphia Willowbrook. Inc 923...... (*) (’) Wisconsin Packing Co...... 924... named counties in the State of Georgia vl0Usly received emergency or special Peoples Packing Co_____ 925.___ \ i (*) (*) (*) natural disasters have caused a need for livestock loan assistance and who can Kerber Packing Co.,_____ 929...... m (*) I Tarpoff Packing Co______931___ _ (*) agricultural credit not readily available qualify under established policies and McKennev Meat Co _ 932.____ (*) from commercial banks, cooperative procedures, E. B. Manning & Son______934...... (*) Volz Packing Co______938...... <* lending agencies, or other responsible Cappellino Abattoir, Inc______939 ...... *5 s o u r c e s . Done at W ashington, D.C., this 11th Centner Packing Co„ Inc...... 941...... (*) G eorgia day of July 1966. Hell Provision Co...... 943____ (•) Whitehall Packing Co__ 946...... W A p p lin g . B ryan. ORVILLE L. FREEMAN, Do______...... 946A (*) (*) M. Brizer & Co__.... ___ 948...... (*) A tk in so n . B u llo c h . S e c r e ta r y . Joe Doctorman & Son Packing Co., In c ... 949...... (* (*) (*) B a co n . C andler. Kennedy’s Sausage Co______.... 950...... (*) B errien . C h a rlto n . [F.R. Doc. 66-7681; Filed, July 13, 1966; Brantley. Clinch. 8:49 a.m.] 9561

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9562 NOTICES upon reasonable notice without penalty for not comply with the requirements of such withdrawal. General Order 9 (§ 523.2(a)). FEDERAL MARITIME COMMISSION (b) It is the responsibility of the Federal [Docket No. 66-40] Maritime Commission under the Shipping 2. There is no provision that applica­ Act, 1916, to determine that all conference tions for membership shall be acted upon ADMISSION, WITHDRAWAL AND EX­ agreements contain reasonable and equal promptly (§ 523.2(b) ). PULSION PROVISIONS OF CEYLON/ terms and conditions for admission and re­ 3. Admission to membership condi­ U.S.A. CONFERENCE AGREEMENT admission to conference membership of tioned upon approval of conference qualified carriers according to the require­ members in accordance with the voting Order To Show Cause ments set forth in paragraph (a) of this provisions of Clause 5 of the Conference section. agreement is contrary to General Order Agreement 8050, originally approved § 523.2 Provisions of conference agree­ January 22, 1953, entered into in New ments. 9 (§ 523.2(c)). York, N.Y., between the member lines of In effectuation of the policy set forth in 4. There is no provision for “prompt the Ceylon/U.S.A. Conference, which is § 523.1, conference agreements, whether in notification to the Commission of the effect on October 3, 1961, or initiated after admission of new members” (§ 523.2(d) ). based in Colombo, Ceylon, covers the that date, shaU contain provisions substan­ 5. There is no provision for promptly trade from Ceylon to U.S. Atlantic and tially as follows : furnishing the Commission advice of any Gulf ports by direct call or transship­ (a) Any common carrier by water which denial of admission to membership, to­ ment. The agreement provides, inter has been regularly engaged as a common gether with a statement of the reasons alia, for the establishment and mainte­ carrier in the trade covered by this agree­ ment, or who furnishes evidence of ability therefor (§ 523.2(e) ) . nance of just and reasonable rates, 6. The agreement does not provide that charges and practices, for and in con­ and intention in good faith to institute and maintain such a common carrier service a member may withdraw from the Con­ nection with the transportation of all between ports within the scope of this agree­ ference without penalty (§ 523.2(f)). cargo in vessels owned, controlled, char­ ment, and who evidences an ability and in­ 7. The agreement does not provide tered or operated by the members in the tention in good faith to abide by all the that the Commission shall be promptly trade covered by the agreement. terms and conditions of this agreement, may notified of the withdrawal of any party The Conference refuses to amend its hereafter become a party to this agreement from the conference (§ 523.2(g) ). agreement to comport with the provi­ by affixing its signature thereto. 8. The provision that “any member sions of the Commission’s General Order Note: The above Provision will not pre­ clude the conference from imposing legiti­ may be expelled for just and reasonable 9 in respect to the admission, withdrawal mate conditions on membership, including cause by unanimous action of the other and expulsion provisions of steamship but not necessarily limited to, the payment members” does not comply with the re­ conference agreements on the premise of an admission fee, payment of any out­ quirements of General Order 9 (§ 523.2 that it is precluded from doing so because standing financial obligations arising from (h)). it cannot obtain the unanimity of con­ prior membership, or the posting of a secu­ 9. The agreement does not contain a sent of its members to amend the agree­ rity bond or deposit. All such conditions provision that no expulsion shall become ment as required by Clause 5 thereof. must be made expressed terms of the Con­ ference agreement, filed with and approved effective until a detailed statement set­ Common carriers operating by water by the Commission pursuant to section 15 of ting forth the reason or reasons therefor in the foreign commerce of the United the Shipping Act, 1916. has been furnished thé expelled member States under their basic Conference (c) No carrier which has complied with and a copy of such notification submitted agreement are subject as such to the the conditions set forth in paragraph (a) of to the Commission (§ 523.2(D). Shipping Act, 1916, as amended, and this section shall be denied admission or In the exchange of correspondence be­ therefore to the jurisdiction of the Com­ readmission to membership. tween the Commission and the Confer­ (d) Prompt notice of admission to mem­ mission. Section 43 of the Act empowers bership shall be furnished to the Federal ence in regard to this matter, the the Commission to make such rules and Maritime Commission and no admission shall Conference has never contended that regulations as may be necessary to carry be effective prior to the postmark date of Agreement 8050 conforms with the re­ out the provisions of the Act. such notice. quirements of General Order 9. Rather, Section 2 of Public Law 87-346, effec­ (e) Advice of any denial of admission to it has declined to comply with said Gen­ tive October 3, 1961, amended section membership, together with a statement of the eral Order for the reason that it has not 15 of the Act to provide that no confer­ reasons therefor, shall be furnished promptly been able to obtain the unanimity of ence agreement shall be approved, nor to the Federal Maritime Commission. consent of its members to amend the shall continued approval be permitted for (f ) Any party may withdraw from the con­ agreement as required by Clause 5 of the ference without penalty by giving at least 30 o p’T’ppm p n f any conference agreement “which fails to days’ written notice of intention to with­ provide reasonable and equal terms and draw to the conference: Provided, however, In a letter dated April 12, 1966, ad­ conditions'for admission and readmission That action taken by the conference to dressed to MacKinnon, MacKenzie & Co., to conference membership of other quali- compel the payment of outstanding financial of Ceylon, Secretaries Ceylon/U .S. A. - fled carriers in the trade, or fails to pro­ obligations by the resigning member shall Conference, Post Office Box 94, Colombo vide that any member may withdraw not be construed as a penalty for withdrawal. 1, Ceylon, the Commission’s staff advised from membership upon reasonable notice (g) Notice of withdrawal of any party shall the Conference inter alia that “Complete without penalty for such withdrawal.” be furnished promptly to the Federal Mari­ compliance with the provisions of Gen­ time Commission. eral Order 9 is mandatory and is not To implement the above provision of (h) No party may be expelled against its affected by the above-mentioned Clause section 2 of Public Law 87-346, the Com­ will from this conference except for failure mission by virtue of its authority under to maintain a common carrier service be­ section 43 of the Act, issued General tween the ports within the scope of this By telegram dated May 12,1966, signed Order 9 (46 CFR Part 523) on April 21, agreement (said failure to be determined ‘MacKinnons” the Conference informed 1964, outlining the requirements for con­ according to the minimum sailing require­ the Commission as follows: “RYL ferences and other rate-making groups ments set forth in this agreement) or for twelfth April Ceylon USA Conference failure to abide by all the terms and condi­ Agreement number 8050. At meeting in connection with the admission to and tions of this agreement. withdrawals and expulsions of carriers today with exception one member con­ (i) No expulsion shall become effective ference willing comply General Order from conference membership. July 20, until a detailed statement setting forth the number nine. However view constitution 1964, was the deadline set for the filing reason or reasons therefor has been fur­ requires^ unanimity conference compli­ of amendments to agreements made nec­ nished the expelled member and a copy of essary by General Order 9. (§ 532.10). such notification submitted to the Federal ance precluded.” Maritime Commission. The issues raised herein do not in­ The order states that: volve any disputed issues of fact requir­ * * * no conference agreement shall be Agreement 8050 is deficient in relation ing an evidentiary hearing and requir^ approved, nor shall continued approval be to every section of General Order 9 set a prompt determination by the Com­ permitted for any agreement, which fails to forth above. Specifically, it fails to com­ mission. provide reasonable and equal terms and con­ Now, therefore, pursuant to sections ditions for admission and readmission to port with such sections of the said Gen­ conference membership of other qualified eral Order in the following respects: and 22 of the Shipping Act, 1916 : __ _ . carriers in the trade, or fails to provide that 1. “Just and reasonable cause” for It is ordered, That the Ceylon/U-S- • any member may withdraw from membership denial of admission to membership does Conference and the member lines ther

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9563 show cause why the Agreement No. 8050, MacKinnon, MacKenzle & Co. of Ceylon, Sec­ Chewelah, Colton, Uniontown, and as amended, should not be disapproved retaries Ceylon/U.S. A. Conference, Post Spangle, Wash. Applicant further states by the Commission pursuant to section Office Box 94, Colombo 1, Ceylon. that Cal-Pac will transport the gas re­ 15 of the Shipping Act, 1916, as amended, [F.R. Doc. 66-7664; Filed, July 13, 1966; ceived by it, through facilities which it because of the Conference’s failure to 8:48 a.m.] proposes to construct, to points of resale comply with the requirements of section [Independent Ocean Freight Forwarder and distribution in the community of 15 of the Act, and with the Commission’s License 817] Union, Oreg., and environs. General Order No. 9, issued April 21, PRESTO SHIPPING AGENCY, INC. The application states that the esti­ 1964. 11118 proceeding shall be limited mated maximum daily and annual gas to the submission of affidavits and memo­ Notice is hefeby given that Presto requirements of Water Power during the randa and oral argument. The affida­ Shipping Agency, Inc., 52 Broadway, New third full year of proposed natural gas vits of fact and memoranda of law shall York, N.Y. 10004, has complied with the service will be 5,095 Mcf and 1,223,005 be filed by respondents no later than Commission’s order to show cause, dated Mcf, respectively, and of Cal-Pac during close of business August 8, 1966. Re­ June 22,1966, and published in the F ed­ the third year of natural gas service will plies thereto shall be filed by Hearing eral R egister (31 F.R. 8888), by reinstat­ be 404 Mcf and 55,970 Mcf, respectively. Counsel and interveners, if any, no later ing its surety bond on file with the Com­ The sales and deliveries which are the than close of business August 23, 1966. mission. subject of the instant application are An original and 15 copies of affidavits of Dated: July 8, 1966. proposed to be made in accordance with fact, memoranda of law, and replies are T homas Lis i, the rates contained in Applicant’s Rate required to be filed with the Secretary, Secretary. Schedules DS-1, DS-4, and DL-1, FPC Federal Maritime Commission, Washing­ [F.R. Doc. 66-7665; Filed, July 13, 1966; Gas Tariff Original Volume No. 3. ton, D.C. 20573. Copies of any papers 8:48 a.m.] Applicant states that if the instant filed with the Secretary should also be application is approved prior to the grant served upon all parties hereto. Oral of authorizations sought by it in its ap­ argument will be heard in Room 114, FEDERAL POWER COMMISSION plication filed in Docket No. CP66-271 1321 H Street NW., Washington, D.C., at the facilities and services embraced by a time and date to be announced later. [Docket No. CP-66-424] the instant application will be divested It is further ordered, That the Ceylon/ EL PASO NATURAL GAS CO. by Applicant to Northwest Pipeline Cor­ US.A. Conference and its member lines poration in accordance with said au­ as indicated in Appendix A attached are Notice of Application thorizations. hereby made respondents in this pro­ J uly 6, 1966. The total estimated cost of Applicant’s ceeding. Take notice that on June 24, 1966, El proposed facilities is $87,982, which cost It is further ordered, That this order Paso Natural Gas Co. (Applicant), Post will be financed by means of working be published in the F ederal R egister and Office Box 1492, El Paso, Tex. 79999, filed funds. a copy of such order be served upon each in Docket No. CP66-424 an application Protests or petitions to intervene may respondent. pursuant to section 7(c) of the Natural be filed with the Federal Power Commis­ Persons other than respondents and Gas Act for a certificate of public con­ sion, Washington, D.C. 20426, in accord­ Hearing Counsel who desire to become venience and necessity authorizing the ance with the rules of practice and pro­ a party to this proceeding shall file a construction and operation of certain cedure (18 CFR 1.8 or 1.10) and the petition for leave to intervene in accord­ natural gas facilities and the sale and regulations under the Natural Gas Act ance with rule 5(1) (46 CFR 502.72) of deliveryxrf natural gas to the Washing­ (§ 157.10) on or before August 5, 1966. the Commission’s rules of practice and ton Water Power Co. (Water Power) for Take further notice that, pursuant to procedure no later than the close of busi­ transportation to and resale and distri­ the authority contained in and subject ness July 25, 1966, with copy to re­ bution in the communities of Kettle Falls, to the jurisdiction conferred upon the spondent Conference. Colville, Chewelah, Colton, Uniontown, Federal Power Commission by sections 7 and Spangle, Wash., and their respective and 15 of the Natural Gas Act and the By the Comission. environs, and to California-Pacific Utili­ Commission’s rules of practice and pro­ [seal] T homas Lis i, ties Co. (Cal-Pac) for transportation and cedure, a hearing will be held without Secretary. resale and distribution in the community further notice before the Commission July 6, 1966. of Union, Oregon, and environs, all as on this application if no protest or peti­ more fully set forth in the application tion to intervene is filed within the time Appendix A which is on file with the Commission and required herein, if the Commission on its C. Pendleton, Secretary, New York open to public inspection. own review of the matter finds that a Committee, Ceylon/U.S.A. Conference, 11 Applicant proposes to construct and grant of the certificate is required by Broadway, New York, N.Y. 10004. operate four measuring and regulating the public convenience and necessity. If A m erican Export Isbrandtsen Lines, Inc., 26 stations, one of which is to provide serv­ a protest or petition for leave to inter­ Broadway, New York, N.Y. 10004. ice for Kettle Falls, Colville, and Chewe­ vene is timely filed, or if the Commission A m erican President Lines, Ltd., 29 Broadway, lah, Wash., and the remaining three of on its own motion believes that a formal New York, N.Y. 10006. which are to provide service to Colton Hxrt?ic Llne8> Ltd., 39 Broadway, New York, and Uniontown, Washington, and Union, hearing is required, further notice of N.Y. 10006. Oreg. Applicant states that service to such hearing will be duly given. Lines, joint Service, Kerr Steamship Spangle, Wash., will be provided by Under the procedure herein provided xr ^ Agents, 29 Broadway, New York, N.Y. 10006. means of an existing measuring and for, unless otherwise advised, it will be regulating station owned and operated unnecessary for Applicant to appear or S1iN?UlJi 0orp- o£ IntUa> Ltd- (The), Norton, by Pacific Gas Transmission Co. and

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9564 NOTICES [Docket No. CP66-430] Under the procedure herein provided Protests or petitions to intervene may for, unless otherwise advised, it will be be filed with the Federal Power Commis­ SOUTH GEORGIA NATURAL GAS CO. unnecessary for Applicant to appear or sion, Washington, D.C. 20426, in ac­ be represented at the hearing. cordance with the rules of practice and Notice of Application proceduce (18 CFR 1.8 or 1.10) on or be­ J oseph H. Gutride, fore August 8,1966. J uly 7, 1966. Secretary. J oseph H. G utride, Take notice that on June 30, 1966, [F.R. Doc. 66-7636; Filed, July 13, 1966; South Georgia Natural Gas Co. (Appli­ 8:46 a.m.] . Secretary. cant) , Post Office Box 1279, Thomasville, [F.R. Doc. 66-7637; Filed, July 13, 1966; Ga. 31792, filed in Docket No. CP66-430 8:46 a.m.[ an application pursuant to section 7(b) [Docket No. CP66-198] of the Natural Gas Act for permission and approval to abandon approximately UNITED FUEL GAS CO. [Docket Nos. RI66-430 etc.] 16.000 feet of its 6% inch transmission Notice of Petition To Amend SUN OIL CO. ET AL. pipeline which is now serving the city Application of Tallahassee, Fla., and for authority Order Providing for Hearings on and to move its existing metering and regu­ J uly 7,1966. Suspension of Proposed Changes lating station in a northerly direction Take notice that on June 30, 1966, in Rates 1 approximately 16,000 feet, all as more United Fuel Gas Co. (Petitioner), Post J uly 5, 1966. fully set forth in the application which Office Box 1273, Charleston, W. Va. The Respondents named herein have is on file with the Commission and open 25325, filed in Docket No. CP66-198 a filed proposed increased rates and to public inspection. petition to amend its application filed charges of currently effective rate sched­ Specifically, Applicant proposes to sell in said docket on December 17, 1965 (31 ules for sales of natural gas under Com­ to the city of Tallahassee approximately F.R. 164), requesting authorization for mission jurisdiction, as set forth in Ap­ 16.000 feet of its 6% inch O.D. Line No. additional construction of facilities con­ pendix A hereof. 18 and to move its metering and regu­ sisting of approximately 4.2 miles of 30- The proposed changed rates and lating station in a northerly direction inch loop pipeline extending eastward charges may be unjust, unreasonable, so that the city of Tallahassee will own from a point approximately 12.8 miles unduly discriminatory, or preferential, or the right of way and the approximately east of its Ceredo compressor station lo­ otherwise unlawful. 16.000 feet of gas transmission pipeline cated in Wayne County, W. Va., and one The Commission finds: It is in the pub­ which will become a part of that city’s 2,700 horsepower compressor unit at its lic interest and consistent with the Nat­ distribution system. Lanham compressor station in Kana­ ural Gas Act that the Commission enter The application states that the city wha County, W. Va., all as more fully set upon hearings regarding the lawfulness of Tallahassee has advised Applicant of forth in the petition to amend which is of the proposed changes, and that the its plans to develop the potential gas on file with the Commission and open to supplements herein be suspended and load of its residential area which would public inspection. their use be deferred as ordered below. require duplication of facilities presently By its original application filed in the The Commission orders: owned and operated by Applicant. The instant docket, Petitioner requested au­ (A) Under the Natural Gas Act, par­ application further states that the pro­ thorization for the construction and op­ ticularly sections 4 and 15, the regula­ posed transfer to the city of Tallahassee eration of: (1) One 10,500 horsepower tions pertaining thereto (18 CFR, Ch. I), of the aforementioned portion of Appli­ compressor unit at its existing Ceredo and the Commission’s rules of practice cant’s Line No. 18 would eliminate the compressor station, located in Wayne and procedure, public hearings shall be need for construction of such duplicate County, W. Va.; (2) approximately 12.8 held Concerning the lawfulness of the facilities. miles of 30-inch loop pipeline in Wayne proposed changes. Protests or petitions to intervene may and Cabell Counties, W. Va., immediately (B) Pending hearings and decisions be filed with the Federal Power Com­ east of said Ceredo compressor station; thereon, the rate supplements herein are mission, Washington, D.C. 20426, in ac­ and (3) one 2,000 horsepower compres­ suspended and their use deferred until cordance with the rules of practice and sor unit at its existing Glenville com­ date shown in the “Date Suspended Un­ procedure (18 CFR 1.8 or 1.10) and the pressor station, located in Gilmer County, til” column, and thereafter until made regulations under the Natural Gas Act W. Va. Petitioner also requested per­ effective as prescribed by the Natural (§ 157.10) on or before August 8, 1966. mission and approval for the abandon­ Gas Act. Take further notice that, pursuant to ment of one 1,350 horsepower high-pres­ (C) Until otherwise ordered by the the authority contained in and subject sure compressor unit at said Glenville Commission, neither the suspended sup­ to the jurisdiction conferred upon the compressor station. plements, nor the rate schedules sought Federal Power Commission by sections 7 By the instant filing, Petitioner seeks to be altered, shall be changed until dis­ and 15 of the Natural Gas Act and the authority to increase the proposal to position of these proceedings or expira­ Commission’s rules of practice and pro­ construct 12.8 miles of loop pipeline east tion of the suspension period. cedure, a hearing will be held without of Ceredo compressor station, as set (D) Notices of intervention or peti­ further notice before the Commission on forth in the original application, to ap­ tions to intervene may be filed with the this application if no protest or petition proximately 17.0 miles and to include a Federal Power Commission, Washington, to Intervene is filed within the time re­ new proposal to install one 2,700 horse­ D.C. 20426, in accordance with the rules quired herein, if the Commission on its power unit at Lanham compressor sta­ of practice and procedure (18 CFR l-° own review of the matter finds that a tion. and 1.37(f)) on or before August 15, grant of permission and approval for the The total estimated cost of construct­ 1966. proposed abandonment is required by the ing the facilities proposed in Petitioner’s public convenience and necessity. If a application, as amended, is $6,444,700, By the Commission. protest or petition for leave to intervene which Petitioner proposes to finance [seal] Gordon M. G rant, is timely filed, or-if the Commission on through the issuance and sale of promis­ Acting Secretary. its own motion believes that a formal sory notes and common stock to its hearing is required, further notice of parent company, the Columbia Gas Sys­ 1 Does not consolidate for hearing or dis such hearing will be duly given. tem, Inc. pose of the several matters herein.

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9565

Effective Cents )er Mcf Rate in Rate Sup­ Amount Date date Date sus­ effect sub­ Docket Respondent sched­ ple­ Purchaser and producing area of annual filing unless pended ject to No. ule ment increase tendered sus­ until— Rate in Proposed refund in No. No. pended effect increased dooket rate Nos.

RI66-430_ Sun Oil Co., Post 122 819 Transwestern Pipeline Co. (North $90 6-7-66 »7- 8-66 12- 8-66 ‘ 17.0 ‘ “ 19.0 Office Box 2880, Follett Field, Lipscomb County, Dallas, Tex. 75221. Tex.) (R.R. District No. 10). 122 7 20 Transwe8tern Pipeline Co. (Parsell 9,000 6-17-66 3 7-18-66 12-18-66 • 17.0 if ‘ 19. 0 Field, Roberts County, Tex.) (R.R. Distriot No. 10). RI66-431— The Shamrock Oil & 18 3 Natural Gas Pipeline Co. of America 15,000 6-13-66 38- 1-66 1- 1-67 ‘ 13.0 » s « 14.0 R161-553 Gas Corp., Post (Quinduno Field, Roberts County, Office Box 631, Tex.) (R.R. District No. 10). Amarillo, Tex. 79105. RI66-432__ Petroleum Corp. of 3 6 Kansas-Nebraska Natural Gas Co., 6,300 6-16-66 « 7-17-66 12-17-66 • I« 11.0 « i ‘ 10 12.0 Texas, Post Office Inc. (Hugoton Field, Texas Coun- Box 752, Brecken- ty, Okla.) (Panhandle Area). ridge, Tex. 76024. RI66-433__ M. F. Powers Estate, 7 «3 Natural Gas Pipeline Co. of America 273 6-10-66 » 7-11-66 12-11-66 « 11.0 « 5 « 12.0 Post Office Box (Quinduno Field, Roberts County, 1733, Tulsa, Okla. Tex.) (R.R. District No. 10).

3 Laubhan Unit A. ' 8 Periodic rate increase. * The stated effective date is the effective date proposed by Respondent. 8 The stated effective date is the 1st day after expiration of the statutory notice. * “Fractured” rate increase. Contractually due rate is 19.5 cents per Mcf. 10 Production from above the Hugoton Formation or Sea Level, whichever is the 5 Pressure base is 14.65 p.s.i.a. greater depth. ¿¿c * Subject to a downward B.t.u. adjustment. 11 For Weber, Powers, Steen, and Roderick Gas Units. 7 Parsell lease. Appendix A shares of its no par value common stock Petroleum Corporation of Texas (Petro­ SECURITIES AND EXCHANGE to be issued on or before August 31,1964, leum) requests that Its proposed rate in­ upon exercise of outstanding options at crease be permitted to become effective as COMMISSION $1.25 per share and 120,000 shares of its of June 1, 1966. M. F. Powers Estate (Pow­ [File No. 1-3421] no par value common stock on behalf ers) requests an effective date of June 23, of selling stockholders at the current 1966. Good cause has not been shown for CONTINENTAL VENDING MACHINE waiving the 30-day notice requirement pro­ market price for the purpose of obtaining vided in section 4(d) of the Natural Gas Act CORP. an exemption from the registration re­ to permit earlier effective dates for Petroleum Order Suspending Trading quirements of the Securities Act of 1933, and Powers’ rate filings and such requests are as amended, pursuant to the provisions denied. July 8, 1966. of section 3(b) thereof, and Regulation All of the producers’ proposed increased It appearing to the Securities and A promulgated thereunder. According rates and charges exceed the applicable area to information filed by the issuer and price levels for increased rates as set forth Exchange Commission that the summary in the Commission’s statement of general suspension of trading in the common selling stockholders, said offering com­ policy No. 61-1, as amended (18 CFR, Ch. I. stock, 10-cent par value of Continental menced on or about August 20, 1964, Pt. 2, Sec. 2.56). Vending Machine Corp., and the 6 per­ none of the options were exercised prior to the expiration date and 60,000 shares [f!r. Doc. 66-7638; Filed, July 13, 1966; cent convertible subordinated debentures 8:46 a.m.] due September 1,1976, otherwise than on were sold by selling stockholders for an a national securities exchange is re­ aggregate of $30,716. On March 18,1966, quired in the public interest and for the the issuer filed an amended notification [Docket Nos. G-6832 etc.] protection of investors; and offering circular which have not It is ordered, Pursuant to section 15(c) been cleared. Subsequent to this amend­ pan AMERICAN PETROLEUM CORP., (5) of the Securities Exchange Act of ment the issuer indicated that it did ET AL. 1934, that trading in such securities not intend to continue the offering. Notice of Applications for Certifi­ otherwise than on a national securities However, issuer has made no attempt exchange be summarily suspended, this to withdraw the amended notification cates, Abandonment of Service order to be effective for the period July and offering circular filed March 18,1966, ond Petitions To Amend Certifi­ 11,1966, through July 20,1966, both dates nor has the offering been reduced by cates; Correction inclusive. the filing of an appropriate report of sales. July 1, 1966. By the Commission. II. The Commission has reasonable Pan American Petroleum Corp., et al., [seal] O rval L. D uBo is, cause to believe th at: ocket Nos. G-6832, etc. ; Clarence Ken­ Secretary. yon, Docket No. CI66-1039. A. The terms and conditions of Regu­ [F.R. Doc. 66-7677; Filed, July 13, 1966; lation A have not been complied with tifi11 no^ ce °f applications for cer- 8:49 a.m.] in that: ncates, abandonment of service and 1. The issuer and its president failed p titions to amend certificates, issued to cooperate with the Commission in an J? "•» 1966, an d published in ttie F ed- [File No. 24D-2658] investigation regarding the affairs of the Rfi coi?01STER May 19, 1966 (F.R. Doc. issuer. F-R. 7295), in the chart after THE CISCO GROUP, INC. 2. The issuer has not filed Form 2-A No. ^ CI66-1039 insert footnote reports as required by Rule 260 under **4a>> alter price “15.0” and add footnote Order Temporarily Suspending Ex­ to read as follows: emption, Statement of Reasons Regulation A. Therefor, and Notice of Opportunity B. The offering was and would be im»nt cents P«v Mcf tax reimburse- for Hearing made in violation of section 17 of the ins oca Yells wllich 8X6 capable of produc­ Securities Act of 1933 since the notifica­ e r Maí + f °r more P®r day and 1.3 cents July 7,1966. tion and offering circular and amend­ w h ic h * reIm*mrsement a® to gas wells I. The Cisco Group, Inc. (issuer), for­ ments thereto filed pursuant to Rules volume816 incaPable oi producing such merly Colorado Insurance Service Co., 255 and 256 of Regulation A of the gen­ 320 Joseph H. Gutride, with offices at Guaranty Bank Build­ eral rules and regulations under the Secretary. ing, Denver, Colo., filed with the Com­ Securities Act of 1933, as amended, con­ mission on March 16,1964, a notification tain untrue statements of material facts Ip R. Doc. 66-7635; Filed, July 13, 1966; on Form 1-A and an offering circular and omit to state material facts neces­ 8:46 a.m.] relating to a public offering of 20,315 sary in order to make the statements

No. 135—pt. FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9566 NOTICES made, in the light of the circumstances in extremely rare occasions for Cisco’s the period July 8, 1966, through July 17, under which they were made, not mis­ operations. 1966, both dates inclusive. leading, particularly with respect to: 9. The representation that no offering By the Commission. 1. The representation that the net will be made on terms other than those tangible value per share of the issuer’s disclosed in the offering circular until an [seal] Nellye A. T horsen, stock was 92 cents; appropriate amendment has been filed. Assistant Secretary. 2. The failure to disclose the concur­ III. It appearing to the Commission [F.R. Doc. 66-7642; Filed, July 13, 1966; rent offering of securities in violation of that it is in the public interest and for 8:46 a.m.] section 17 of the Securities Act of 1933 the protection of investors that the ex­ by the issuer in addition to those covered emption of the issuer under Regulation by the Regulation A filing and the pos­ A be temporarily suspended, PINAL COUNTY DEVELOPMENT sible contingent liability resulting there­ It is ordered, Pursuant to Rule 261(a) ASSOCIATION \ of the general rules and regulations un­ from. Order Suspending Trading 3. The representation that premimums der the Securities Act of 1933, as amend­ ed, that the exemption of the issuer J uly 7, 1966. are financed for a maximum period of 9 under Regulation A be, and it hereby is, months. temporarily suspended. It appearing to the Securities and Ex­ 4. The failure to disclose the true fi­ Notice is hereby given that any per­ change Commission that the -summary nancial condition of the issuer and par­ sons having any interest in the matter suspension of trading in the 5% percent ticularly premium financing contracts may file with the Secretary of the Com­ Industrial Development Revenue Bonds receivable, unearned interest, interest mission a written request for hearing of Pinal County Development Associa­ income, net income, earned surplus, and within 30 days after the entry of this tion due April 15,1989, otherwise than on stockholders investment. order; that within 20 days after receipt a national securities exchange is re­ 5. The failure to disclose that a Com­ of such request, the Commission will, or quired in the public interest and for the plaint for an Injunction and for the at any time upon its own motion may, protection of investors; Appointment of a Receiver, naming the set the matter down for hearing at a It is ordered, Pursuant to section issuer as defendant, was filed in the Dis­ place designated by the Commission for 15(c) (5) of the Securities Exchange Act trict Court in and for the city and county the purpose of determining whether this of 1934 that trading in such bonds be of Denver, State of Colorado, on June 8, order of suspension should be vacated or summarily suspended this order to be 1966, alleging, among other things, that made permanent, without prejudice, effective for the period July 8, 1966, defendant has borrowed from and owes however, to the consideration and pres­ through July 17, 1966, both dates in­ to plaintiff, the First National Bank of entation of additional matters at the clusive. Denver, the sum of $2,563,000 together hearing; and that notice of the time and By the Commission. with accrued interest and costs of col­ place for said hearing will be promptly [seal] N ellye A. T horsen, lection in accordance with the terms and given by the Commission. If no hearing Assistant Secretary. conditions of two certain promissory is requested and none is ordered by the notes dated April 13, 1966, and under­ Commission, the order shall become [F.R. Doc. 66-7643; Filed, July 13, 1966; lying loan agreement between said plain­ permanent on the 30th day after its en­ 8:46 a.m.] tiff and defendant dated May 29, 1964; try and shall remain in effect unless it that defendant has borrowed from and is modified or vacated by the Com­ owes to plaintiff S. R. Langsam & Co. the mission. ATOMIC ENERGY COMMISSION sum of $500,000 together with accrued [Docket No. 50-252] interest and costs of collection in accord­ By the Commission. ance with the terms and provisions of a [seal] N ellye A. T horsen, UNIVERSITY OF NEW MEXICO certain note dated February 1, 1966, and Assistant Secretary. Issuance of Construction Permit plaintiff and defendant dated January [F.R. Doc. 66-7641; Filed. July 13, 1966; underlying agreement between said 8:46 a.m.] Please take notice that no request for 31, 1966; that commencing at a time or a formal hearing having been filed fol­ times unknown to the plaintiffs and con­ lowing publication of the notice of pro­ tinuing over an extended period of time [File No. 1-3782] posed action in the F ederal R egister, the until the present, the defendant has is­ Atomic Energy Commission has issued sued certain documents purporting to GREAT AMERICAN INDUSTRIES, INC. Construction Permit No. CPRR-92 au­ evidence accounts receivable, which doc­ thorizing the University of New Mexico uments were false and fictitious and did Order Suspending Trading to receive, possess and construct the not represent genuine or existing ac­ Model AGN-201, Serial No. 112, nuclear counts receivable; that said false and J uly 7, 1966. reactor which is presently covered by fictitious documents and accounts re­ The common stock, 10-cent par value, Facility License No. R-30 and located ceivable were utilized to secure fraudu­ of Great American Industries, Inc., being on the campus of the University of Cali­ lently, directly or indirectly, the funds of listed and registered on the American fornia at Berkeley, Calif. The reactor plaintiffs and to misrepresent the con­ Stock Exchange, pursuant to provisions is to be disassembled by the University dition of defendant to its stockholders; of the Securities Exchange Act of 1934 of California, transferred from its and that the total amount of such de­ and the 6 percent cumulative preferred present location at Berkeley, Calif., to falcation and false arid fictitious docu­ stock, Series A, $10 par value, being Albuquerque, N. Mex., and constructed ments and accounts receivable is ap­ traded otherwise than on a national on the campus

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9567 Will be by Commission order which will representative: Alvin J. Meiklejohn, Jr., INTERSTATE COMMERCE be served on each party of record. 420 Denver Club Building, Denver, The publications hereinafter set forth Colo- 80202. Authority sought to op­ COMMISSION reflect the scope of the applications as erate as a common carrier, by motor [Notice No. 945J filed by applicants, and may include de­ vehicle, over regular routes, transport­ scriptions, restrictions, or limitations ing: General commodities (except those MOTOR CARRIER, BROKER, WATER which are not in a form acceptable to of unusual value, and except livestock, CARRIER, AND FREIGHT FOR­ the Commission. Authority which ulti­ dangerous explosives, household goods WARDER APPLICATIONS mately may be granted as a result of the as defined by the Commission, commodi­ applications here noticed will not neces­ ties in bulk, commodities requiring J uly 8,1986. sarily reflect the phraseology set forth special equipment, and those injurious The following applications are gov­ in the application as filed, but also will or contaminating to other lading), (1) erned by Special Rule 1.2471 of the Com­ eliminate any restrictions which are not between Fort Morgan, Colo., and Chey­ mission’s general rules of practice (49 acceptable to the Commission. enne, Wyo., (a) from Fort Morgan, over CFR, as amended), published in the No. MC 7099 (Sub-No. 2), filed June U.S. Highway 34 to Greeley, Colo., thence Federal R egister issue of April 20, 1966, 27, 1966. Applicant: FLASH MOTOR over U.S. Highway 85 to Cheyenne; and effective May 20,1966. These rules pro­ SERVICE, INC., 2221 South 12th Street, (b) from Fort Morgan, over Colorado vide, among other things, that a protest St. Louis, Mo. 63104. Applicant's repre­ Highway 52 to junction Colorado High­ to the granting of an application must sentative: Claude C. Hitchison (same as way 14 (approximately 2 miles east of be filed with the Commission within 30 applicant). Authority sought to operate New Raymer, Colo.), thence westerly days after date of notice of filing of the as a common carrier, by motor vehicle, over Colorado Highway 14 to junction application is published in the F ederal over irregular routes, transporting: unnumbered highway (approximately 2 Register. Failure seasonably to file a Special communications equipment for miles northwest of Buckingham, Colo.) , protest will be construed as a waiver of account of Southwestern Bell Telephone thence over unnumbered highway via opposition and participation in the pro­ Co. as directed by the White House Com­ Keota, Grover, and Hereford, Colo., to ceeding. A protest under these rules munications Agency, Washington, D.C., junction U.S. Highway 30 (approximately should comply with section 1.247(d)(3) between St. Louis, Mo.,-on the one hand, 5 miles west of Egbert, Wyo.), thence of the rules of practice which requires and, on the other, points in Kansas, over UJS. Highway 30 to Cheyenne; and that it set forth specifically the grounds Arkansas, Oklahoma, and Texas. Note : (2) between Sterling, Colo., and Chey­ upon which it is made, contain a detailed If a hearing is deemed necessary, appli­ enne, Wyo.: (a) From Sterling, over statement of protestant’s interest in the cant requests it be held at St. Louis, Mo. Colorado Highway 14 to junction U.S. proceeding (including a copy of the No. MC 7920 (Sub-No. 8), filed June Highway 85 (near Ault, Colo.), thence specific portions of its authority which 30, 1966. Applicant: HERRIOTT over U.S. Highway 85 to Cheyenne; and Protestant believes to be in conflict with TRUCKING COMPANY, INC., Alice (b) from Sterling, over Colorado High­ that sought in the application, and de­ and Sumner Streets, East Palestine, way 14 to junction unnumbered highway scribing in detail the method—whether Ohio. Applicant’s representative: Rob­ (approximately 2 miles northwest of by joinder, interline, or other means—by ert N. Krier, 88 East Broad Street, Co­ Buckingham, Colo.), thdnce north­ which protestant would use such author­ lumbus, Ohio 43215. Authority sought westerly over unnumbered highway via ity to provide all or part of the service to operate as a common carrier, by motor Keota, Grover, and Hereford, Colo., to proposed), and shall specify with par­ vehicle, over irregular routes, transport­ junction U.S. Highway 30 (approximately ticularity the facts, matters, and things ing: Iron and steel, iron and steel arti­ 5 miles west of Egbert, Wyo.), thence relied upon, but shall not include issues cles, machinery, equipment, materials, over UJS. Highway 30 to Cheyenne; and or allegations phrased generally. Pro­ and supplies, used in the manufacturing return over the same routes, serving no tests not in reasonable compliance with and processing of iron and steel and iron intermediate points, as alternate routes the requirements of the rules may be re­ and steel articles, between points in Put­ for operating convenience only. N o te: jected. The original and one (1) copy nam County, 111., on the one hand, and, If a hearing is deemed necessary, appli­ of the protest shall be filed with the on the other, Chicago, 111., and points in cant requests it be held at Denver, Colo. Commission, and a copy shall be served the Chicago, 111., commercial zone, points No. MC 35484 (Sub-No. 67), filed June concurrently upon applicant’s represent­ in Summit, Portage, Mahoning, Trum­ 27, 1966. Applicant: VIKING FREIGHT ative, or applicant if no representative bull, Columbiana, Jefferson, and Bel­ COMPANY, 1525 South Broadway, St. is named. If the protest includes a re­ mont Counties, Ohio, points in West Vir­ Louis, Mo. 63104. Applicant’s repre­ quest for oral hearing, such request shall ginia on and north of U.S. Highway 40, sentative: G. M. Rebman, 314 North meet the requirements of § 1.247(d) (4) points in Chautauqua, Cattaraugus, Erie, Broadway, St. Louis, Mo. 63102. Au­ of special rule, and shall include the and Niagara Counties, N.Y., and points thority sought to operate as a common certification required therein. in Pennsylvania. Note: If a hearing is carrier, by motor vehicle, over irregular Section 1.247(f) of the Commission’s deemed necessary, applicant requests it routes, transporting: Iron and steel, iron rules of practice further provides that be held at Pittsburgh, Pa., Washington, and steel articles, steelmill materials, each applicant shall, if protests to its D.C., or Chicago, III. supplies, and equipment, and building application have been filed, and within No. MC 29988 (Sub-No. 103), filed June materials, between points in Putnam W) days of the date of this publication, 24, 1966. Applicant: DC INTERNA­ County, 111., on the one hand, and, on the th t y. Commission in writing (1) TIONAL, INC., East 45th at Jackson, other, points in Arkansas, Indiana, Ken­ flat “ is ready to proceed and prosecute Denver,-Colo. 80216. Applicant’s repre­ tucky, Louisiana, Mississippi, Missouri, n!uJiPplicat*on, or (2) that it wishes to sentative: David Axelrod, 39 South La Ohio, Oklahoma, Tennessee, and Texas. withdraw the application, failure in Salle Street, Chicago, 111. 60603. Au­ N o t e: Applicant states it holds regular ,"1 the application will be dismissed thority sought to operate as a commpn route authority through the States of Dy the Commission. carrier, by motor vehicle, over reguiar which it here seeks authority. It does m Hther processing steps (whether routes, transporting: General commodi­ not, however, have authority to serve oained procedure, oral hearing, or ties (except dangerous explosives and points in Putnam County, HI., nor does . er Procedures) will be determined commodities in bulk), serving points in it have authority to serve over irregular mwfr in accordance with the Com- Putnam County, HI., as off-route points routes all points in the named States. If fliasion s general policy statement con- in connection with applicant’s presently a hearing is deemed necessary, applicant HnnTng P^tor carrier licensing proce- authorized regular route operations. requests it be held at Chicago, HI. Published in the F ederal R egister, Note: If a hearing is deemed necessary, No. MC 40456 (Sub-No. 14), filed June of May 3, 1966. This assignment applicant requests it be held at Chicago, 29, 1966. Applicant: JOHN BENKART HI. No. MC 30530 (Sub-No. 8), filed June 6 SONS CO., a corporation, 2500 North canCh

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9568 NOTICES Pa., 15219. Authority sought to operate applicant requests it be held at Chicago, cant requests it be held at Washington, as a common carrier, by motor vehicle, HI. D.C., Atlanta, Ga., or Chicago, HI. over irregular routes, transporting: Iron No. MC 64932 (Sub-No. 415), filed June No. MC 87103 (Sub-No. 5), filed June and steel, iron and steel articles, steel- 27, 1966. Applicant: ROGERS CART­ 29, 1966. Applicant: JOSEPH H. SHAW, mill materials, supplies and equipment, AGE CO., a corporation, 1439 West 103d doing business as MILLER TRANSFER and building materials, between points in Street, Chicago, 111. 60643. Applicant’s AND STORAGE, Clarion, Pa. Appli­ Putnam County, 111., on the one hand, representative: David Axelrod, 39 South cant’s representative: Jerome Solomon, and, on the other, points in the United La Salle Street, Chicago, HI. 60603. Au­ 1302 Grant Building, Pittsburgh, Pa. States (except Alaska and Hawaii). thority sought to operate as a common 15219. Authority sought to operate as N ote: If a hearing is deemed necessary, carrier, by motor vehicle, over irregular a common carrier, by motor vehicle, over applicant does not specify a location. routes, transporting: Corn syrup, un­ irregular routes; transporting: Iron and No. MC 52458 (Sub-No. 210), filed June mixed (glucose), corn syrup and blends steel, iron and steel articles, steelmill 30, 1966. Applicant: T. I. McCORMACK thereof, starchy dextrine, steepwater, materials, supplies and equipment, and TRUCKING COMPANY, INC., U.S. corn oil, and corn flour, in bulk in tank- building materials, between points in Highway 9 at Green Street, Woodbridge, or hopper-type vehicles, from Lafayette, Putnam County, 111., on the one hand, N.J. 07095. Applicant’s representative: Ind., to points in the United States (ex­ and, on the other, points in the United Prank B. Hand, Jr., 921 17th Street NW., cept Alaska and Hawaii). N ote: If a States (excluding Alaska and Hawaii). Washington, D.C. 20006. Authority hearing is deemed necessary, applicant Note: Applicant is also authorized to sought to operate as a common carrier, requests it be held at Chicago,' 111., or conduct operations as contract carrier by motor vehicle, over irregular routes, St. Louis, Mo. in permit No. MC 119302, therefore, dual transporting: (1) Liquid chemicals, in No. MC 82841 (Sub-No. 21), filed June operations may be involved. If a hear­ bulk, in tank vehicles, and (2) urea, dry, 27, 1966. Applicant: R. D. TRANSFER, ing is deemed necessary, applicant does in bulk, from Olean, N.Y., to points in INC., 801 Livestock Exchange Building, not specify a location-. Delaware, Maryland, Indiana, Kentucky, Omaha, Nebr. Applicant’s representa­ No. MC 89723 (Sub-No. 41), filed June Maine, Massachusetts, Michigan, New tive: Donald L. Stern, 630 City National 15, 1966. Applicant: MISSOURI PA­ Hampshire, New Jersey, Ohio, Pennsyl­ Bank Building, Omaha, Nebr. Authority CIFIC TRUCK LINES, INC., 210 North vania, Rhode Island, Vermont, Virginia, sought to operate as a common carrier, 13th Street, St. Louis, Mo. 63103. Appli­ and West Virginia, and ports of entry by motor vehicle, over irregular routes, cant’s representative: Robert S. Davis on the international boundary line be­ transporting: Agricultural implements, (same address as above). Applicant is tween the* United States and Canada, lo­ authorized in certificate No. MC 89723, farm machinery, grain wagons, power Sub-No. 4 to transport, over regular cated in New York. N ote: Applicant vehicle loading equipment, and towing routes, between named points therein, states that it intends to tack the proposed machines and attachments, from points in Texas, general commodities, without authority with presently held authority, in Woodbury County, Iowa, to points in exceptions, but subject to restrictions, in which it is authorized to operate in the the United States (excluding Alaska and including certain key points. The pur­ States of New York, New Jersey, Con­ Hawaii). N ote: If a hearing is deemed necticut, Rhode Island, Maryland, Penn­ pose of the subject application is to seek necessary, applicant does not specify a authority to operate over the routes con­ sylvania, and Delaware. If a hearing is location. tained in MC 89723, Sub-No. 4 by re­ deemed necessary, applicant requests it No. MC 82841 (Sub-No. 22), filed June moval of Waco, Tex., as a key point in be held at Washington, D.C., or New 29, 1966. Applicant: R. D. TRANSFER, said certificate. The proposed authority York, N.Y. INC., 801 Livestock Exchange Building, is to be subject to the remaining key No. MC 52709 (Sub-No. 287), filed Omaha, Nebr. Applicant’s representa­ point restrictions and other restrictions June 24, 1966. Applicant: RINGSBY tive: Donald L. Stern, 630 City National contained in said certificate. N ote : Ap­ TRUCK LINES, INC., 3201 Ringsby Bank Building, Omaha, Nebr. 68102. plicant is a wholly owned subsidiary of Court, Denver, Colo. 80216. Applicant’s Authority sought to operate as a com­ Missouri Pacific Railroad Co.; therefore, representative: Eugene Hamilton (same mon carrier, by motor vehicle, over ir­ common control may be involved. If a as applicant). Authority sought to regular routes, transporting: Wood shav­ hearing is deemed necessary, applicant operate as a common carrier, by motor ings, wood chips, sawdust, and lumber, requests it be held at Houston or Dallas, vehicle, over regular routes, transport­ from points in Saunders County, Nebr., Tex. ing: General commodities-(.except those to points in Iowa, South Dakota, Kansas, No. MC 102567 (Sub-No. 112), filed of unusual value, classes A and B ex­ Missouri, and those in Minnesota on and May 17, 1966. Applicant: EARL CLAR­ plosives, household goods as defined by south of U.S. Highway 12. N ote: Ap­ ENCE GIBBON, doing business as EARL the Commission, commodities in bulk, plicant states that it will tack the pro­ GIBBON PETROLEUM TRANSPORT, commodities requiring special equip­ posed authority with existing authority 235 Benton Road, Bossier City, La. Ap­ ment, and those injurious or contami­ in which it is authorized to operate in plicant’s representative: Jo E. Shaw, nating to other lading), serving points the States of Wyoming, Utah, Colorado, Bettes Building, Houston, Tex. Author­ in Putnam County, 111., as off-route and Arizona. If a hearing is deemed ity sought to operate as a com m on points in connection with carrier’s regu­ necessary, applicant requests it be held carrier, by motor vehicle, over irregular lar route operation between Chicago, at Omaha, Nebr. routes, transporting: (1) Tall oil, in bulk, HI., and Omaha, Nebr. N ote: Common No. MC 83539 (Sub-No. 190), filed June in tank vehicles, from Monroe, La., to control may be involved. If a hearing 27, 1966. Applicant: C & H TRANSPOR­ Picayune, Miss., and (2) naval stores» is deemed necessary, applicant does not TATION CO., INC., 1935 West Commerce naval stores products, tall oil and tall oi specify a location. Street, Dallas, Tex. 75222* Applicant’s products, in bulk, in tank vehicles, fr°*“ No. MC 52979 (Sub-No. 14), filed representative: W. T. Brunson, 419 Picayune, Miss., and DeRidder, La., t June 27, 1966. Applicant: HUNT Northwest Sixth Street, Oklahoma City, points in Alabama, Arkansas, C onnecti­ TRUCK LINES, INC., West High Street, Okla. 73102. Authority sought to oper­ cut, Florida, Georgia, Hlinois, In d ian a, Rockwell City, Iowa 50579. Applicant’s ate as a common carrier, by motor ve­ Iowa, Kentucky, Louisiana, Maine, representative: William A. Landau, 1307 hicle, over irregular routes, transport­ Maryland, Massachusetts, Michigan, East Walnut Street, Des Moines, Iowa ing: (1) Transformers and switches, Minnesota, Mississippi, Missouri, w 50306. Authority sought to operate as which because of size require the use of Jersey, New York, North Carolina, Okla­ a common carrier, by motor vehicle, special equipment, and, (2) transformers homa, Ohio, Tennessee, Texas, Virginia, over irregular routes, transporting: Iron . and switches, other than those described and Wisconsin. N ote: If a hearing and steel articles, as described in ap­ above, when transported in mixed loads deemed necessary, applicant requests pendix V to the report in Descriptions in with shipments of transformers and be held at New Orleans, La. , Motor Carrier Certificates, 61 M.C.C. 209, switches requiring special equipment, No. MC 103993 (Sub-No. 26^> from points in Putnam County, HI., to from the plantsite of General Electric June 24, 1966. Applicant: MOROA£ points in Iowa, Minnesota, Nebraska, Co. at or near Rome, Ga., to points in DRIVE-AWAY, INC., 2800 West Lexing North Dakota, and South Dakota. Wisconsin, Iowa, and Missouri. N ote: ton Avenue, Elkhart, Ind. 46515. APP cant’s representative: James E. N ote : If a hearing is deemed necessary, If a hearing is deemed necessary, appli­

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9569 3737 North Meridian Street, Indian­ PRESS, INC., Box 26, Morton, HI. 61550. County, 111., on the one hand, and, on apolis, Ind. 46208. Authority sought to Applicant’s representative: George S. the other, points in Alabama, Arkansas, operate as a common carrier, by motor Mullins, 4704 West Irving Park Road, Florida, Georgia, Illinois, Indiana, Iowa, vehicle, over irregular routes, transport­ Chicago, 111. 60641. Authority sought to Kansas, Kentucky, Louisiana, Michigan, ing: Trailers designed to be drawn by operate as a contract carrier, by motor Minnesota, Mississippi, Missouri, Ne­ passenger automobiles, in initial move­ vehicle, over irregular routes, transport­ braska, Ohio, Oklahoma, North Dakota, ments, from points in Baltimore County, ing: Dairy products, including butter, South Dakota, Tennessee, Texas, and Md., to points in the United States (ex­ powdered milk, condensed milk, ice Wisconsin. N o t e: If a hearing is cluding Hawaii). N ote: If a hearing is cream mix, and oleomargarine, between deemed necessary, applicant requests it deemed necessary, applicant requests it Litchfield and Minonk, 111., on the one be held at Chicago, 111. be held at Baltimore, Md., or Washing­ hand, and, on the other, Indianapolis, No. MC 112009 (Sub-No. 3), filed ton, D.C. Ind., Louisville, Ky., and Knoxville, June 29,1966. Applicant: REID SMITH, No. MC 105461 (Sub-No. 73), filed Tenn., under a continuing contract or doing business as STAR VALLEY EX­ June 28, 1966. Applicant: HERR’S contracts with Sugar Creek Foods, divi­ PRESS SERVICE, 1013 Third West Ave­ MOTOR EXPRESS, INC., Box 8, Quarry- sion of National Dairy Products Corp. nue, Kemmerer, Wyo. 83101. Appli­ ville, Pa. 17566. Applicant’s representa­ N o t e: If a hearing is deemed necessary, cant’s representative: Ronald N. Cobert, tive: Robert R. Herr (same address) . applicant requests it be held at Chicago, 600 Madison Building, Washington, D.C. Authority sought to operate as a common HI. 20005. Authority sought to operate as a carrier, by motor vehicle, over irregular No. MC 108119 (Sub-No. 12), filed common carrier, by motor vehicle, over routes, transporting: Used empty con­ June 27, 1966. Applicant: E. L. MUR­ regular routes, transporting: General tainers, 5 gallons or over in capacity, PHY TRUCKING^ CO., a corporation, commodities (except those of unusual made of metal, fiberboard, and metal 2330 West County Road C, St. Paul, value, classes A and B explosives, com­ and fiberboard combined, from points in Minn. 55113. Applicant’s representa­ modities in bulk, commodities requiring Maine, New Hampshire, and Vermont, to tive: Donald A. Morken, 1000 First Na­ special equipment, and those injurious or Philadelphia, Pa., and Paulsboro, N.J. tional Bank Building, Minneapolis, Minn. contaminating to other lading), between Note: If a hearing is deemed necessary, 55402. Authority sought to operate as Kemmerer, Wyo., and Alpine, Wyo., as applicant requests it be held in Washing­ a common carrier, by motor vehicle, over follows: From Kemmerer over U.S. ton, D.C., or Philadelphia, Pa. irregular routes, transporting: Iron and Highway 30N to junction Wyoming No. MC 105813 (Sub-No. 144), filed steel and iron and steel articles, between Highway 89, thence over Wyoming High­ June 23, 1966. Applicant: BELPORD points in Putnam County, HI,, on the one way 89 to junction U.S. Highway 89, TRUCKING CO., TNC., 3500 Northwest hand, and, on the other, points in the thence over U.S. Highway 89 to Alpine, 79th Avenue, Miami, Fla. 33144. Appli­ United States (excluding Alaska and and return over the same route, serving cant’s representative: David Axelrod, 39 Hawaii). N o te: If a hearing is deemed all intermediate points, and the off-route South La Salle Street, Chicago, HI. 60603. necessary, applicant requests it be held points of Fairview, Auburn, Bedford, Authority sought to operate as a common of P h ip jio ’A Til and Turnerville, Wyo. N o t e: Appli­ carrier, by motor vehicle, over irregular No. MC’110420 (Sub-No. 527), filed cant states that one of the purposes of routes, transporting: Meat, meat prod­ June 27, 1966. Applicant: QUALITY the instant application is to enable the ucts, and meat byproducts, from Lemont, CARRIERS, INC., 100 South Calumet applicant to provide the proposed serv­ If, to points in Alabama, Florida, Geor­ Street, Burlington, Wis. 53105. Appli­ ice on traffic which will have a prior gia, North Carolina, South Carolina, cant’s representative: Fred H. Figge movement by rail or motor carrier. Ap­ Mississippi, and Louisiana. Note: If a (same address as applicant). Authority plicant further states that the latter in­ hearing is deemed necessary, applicant sought to operate as a common carrier, stance contemplates an interchange or requests it be held at Chicago, 111. by motor vehicle, over irregular routes, interline arrangement with shipments No. MC 107403 (Sub-No. 686), filed transporting: Liquid sugars, and blends either originating at or destined to points June 28, 1966. Applicant: MATLACK, of liquid sugars and corn syrup, in bulk, in other States including the States of INC., 10 West Baltimore Avenue, Lans- in tank vehicles, from Detroit, Mich., to Colorado and Utah. If a hearing is downe, Pa. 19050. Authority sought to Johnstown, Pa. N o te: If a hearing is deemed necessary, applicant requests it operate as a common carrier, by motor deemed necessary, applicant requests it be held at Afton, Wyo., or Idaho Falls, vehicle, over irregular routes, transport­ be held at Chicago, HI. Idaho. ing: Coal tar and coal tar products, in No. MC 111401 (Sub-No. 200), filed No. MC 112893 (Sub-No. 38), filed June bulk, in tank vehicles, from Toledo, Ohio, June 29, 1966. Applicant: GROEN- 27, 1966. Applicant: BULK TRANS­ to points in Michigan. N ote: Applicant DYKE TRANSPORT, INC., 2510 Rock PORT COMPANY, a corporation, 100 ^ates its operating authority in its Sub Island Boulevard, Post Office Box 632, South Calumet Street, Burlington, Wis. co'hd or would be tacked with the Enid, Okla. 73701. Authority sought to 53105. Applicant’s representative: Fred authority sought herein at Toledo, Ohio, operate as a common carrier, by motor H. Figge (same address as applicant). to permit service from Philadelphia, Pa., vehicle, over irregular routes, transport­ Authority sought to operate as a com­ w points in Michigan. If a hearing is ing: Anhydrous ammonia and fertilizer mon carrier, by motor vehicle, over ir­ ueemed necessary, applicant requests it solutions, in bulk, in tank vehicles, from regular routes, transporting: Iron and oe held at Washington, D.C. the plantsite of Phillips Petroleum Co. at steel, iron and steel articles and ma­ No. Me 107527 (Sub-No. 44), filed or near Hoag, Nebr., to points in Mis­ terials, equipment and supplies, used in H2?®, 27, 1966. Applicant: POST souri, east of U.S. Highway 63. N o te: the manufacture and distribution of the TRANSPORTATION COMPANY, a cor­ If a hearing is deemed necessary, appli­ above named products, between points poration, 3152 East 26th Street, Los An- cant requests it be held at Omaha, Nebr., in Putnam County, HI., on the one hand, r!"le;s ’ Cnhf. 90023. Applicant’s repre­ or Kansas City, Kans. and, on the other, points in Arkansas, sentative: John C. Allen, 1210 West No. MC 111594 (Sub-No. 30)/ filed Indiana, Iowa, Kansas, Kentucky, Mich­ Antw .®treet> Los Angeles, Calif. 90017. June 27, 1966. Applicant: CENTRAL igan, Minnesota, Missouri, Nebraska, trn+on^y sought to operate as a con- WISCONSIN MOTOR TRANSPORT North Dakota, Ohio, Oklahoma, South m-ni carr^er> by motor vehicle, over ir- COMPANY, a corporation, 610 High Dakota, Tennessee, Texas, and Wiscon­ lfr r°utes» transporting: Contami- Street, Wisconsin Rapids, Wis. Appli­ sin. N o te: If a hearing is deemed vniii residue acid, of no commercial cant’s representative: David Axelrod, 39 necessary, applicant requests it be held rp. ln bulk, in tank vehicles, from South La Salle Street, Chicago, 111. 60603. at Chicago, HI. C^lif- Garfield, Utah, under Authority sought to operate as a com­ No. MC 113362 (Sub-No. 120), filed Wi^b Stauffer Chemical Co. mon carrier, by motor vehicle, over ir­ June 27, 1966. Applicant: ELLS­ • c°mmon control may be involved. regular routes, transporting: General WORTH FREIGHT LINES, INC., 220 cfl^ eanng is deemed necessary, appli- commodities (except those of unusual East Broadway, Eagle Grove, Iowa. Ap­ Calif re rwbo. Applicant: COLD-WAY EX- vehicles), between points in Putnam sought to operate as a common carrier,

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9570 NOTICES by motor vehicle, over irregular routes, applicant requests it be held at Atlanta. necessary, applicant requests it be held transporting: Frozen prepared foods and Ga. at Oklahoma City, Okla. frozen pies, not baked, from Marshall, No. MC 115876 (Sub-No. 11) (Amend­ No. MC 118130 (Sub-No. 52), filed Macon, Moberly, Carrollton, and Milan, ment) , filed June 2, 1966, published in June 29, 1966. Applicant; BEN HAM­ Mo., to points in Iowa, Minnesota, F ederal R egister issue of June 30, 1966, RICK, INC., 2000 Chelsea Drive West, Nebraska, North Dakota, and South amended and republished as amended Fort Worth, Tex. 76134. Applicant’s Dakota. Note: Applicant states that it this issue. Applicant: ERWIN HUR- representative: Thomas F. Kilroy, 1341 intends to tack proposed authority with NER, 2605 South Rivershore Drive, G Street NW., Washington, D.C. Au­ existing authority in which it is author­ Moorhead; Minn. 56560. Applicant’s thority sought to operate as a common ized to operate in the States of Iowa, representative: Alan Foss, 502 First Na­ carrier, by motor vehicle, over irregular Indiana, Illinois, Ohio, Wisconsin, Con­ tional Bank Building, Fargo, N. Dak. routes, transporting: Prepared frozen necticut, Massachusetts, New Hampshire, 58102. Authority sought to operate as food and pies, not baked, from Turlock, New Jersey, New York, Pennsylvania, a contract carrier, by motor vehicle, over Calif., to points in Washington, Oregon, Rhode Island, and Vermont. If a hear­ irregular routes, transporting: Malt bev­ Idaho, Montana, Nevada, Utah, Wyo­ ing is deemed necessary, applicant re­ erages and articles dealt in by wholesale ming, Colorado, Arizona, New Mexico, quests it be held at Chicago, 111., or St. beverage distributors, from Milwaukee, and Texas. Note : If a hearing is deemed Louis or Kansas City, Mo. Wis., and Detroit, Mich., and points in necessary, applicant requests it be held No. MC 114734 (Sub-No. 13), filed Big Horn County, Wyo., to Moorhead, at Chicago, 111. , June 28, 1966. Applicant: D AND J Minn., and Fargo, N. Dak. Note: Appli­ No. MC 119531 (Sub-No. 58), filed TRANSFER CO., a corporation, Sher- cant states that the proposed operations June 30, 1966. Applicant: DIECK- burn, Minn. Applicant’s representative: will be under contract with PerseHin Dis­ BRADER EXPRESS, INC., 5391 Wooster Richard A. Peterson, Post Office Box tributing Co., Moorhead, Minn. Appli­ Road, Cincinnati, Ohio 45226. Appli­ 2028, 605 South 14th Street, Lincoln, cant holds common carrier authority in cant’s representative: Charles W. Singer, Nebr. Authority sought to operate as a certificate No. MC 117148, therefore, dual 33 North La Salle Street, Suite 3600, contract carrier, by motor vehicle, over operations may be involved. The pur­ Chicago, 111. 66602. Authority sought to irregular routes, transporting: Meats, _ pose of this republication is to broaden operate as a common carrier, by motor packinghouse products and commodities the authority sought. If a hearing is vehicle, over irregular routes, transport­ used by packinghouses as described in deemed necessary, applicant requests it ing: Glassware and glass containers, sections A, C, and D of appendix I to "be held at Minneapolis, Minn., or Fargo, with or without their equipment of caps, the report in Description in Motor Car­ N. Dak. covers, stoppers or tops and paper car­ rier Certificates, 61 M.C.C. 209 and 766, No. MC 117439 (Sub-No. 23), filed tons used in packaging glassware and between Sioux Falls, S. Dak., and June 29, 1966. Applicant: BULK glass containers, from Parkersburg, W. TRANSPORT, INC., U.S. Highway 190, Va., to points in Illinois, Indiana, Ken­ Spencer, Iowa, under contract with tucky, the Lower Peninsula of Michigan, Spencer Packing Co. Note: Applicant Post Office Box 89, Port Allen, La. 70767. states a portion of its pending Sub 11 Applicant’s representative: J. W. Stan- New York, Ohio, - and Pennsylvania. seeks authority to transport these com­ ard (same as applicant). Authority Note: Applicant states possible tacking modities between Sioux Falls, S. Dak., sought to operate as a common carrier, will exist at Lapel, Ind., with presently and Spencer, Iowa, however, the Sub 11 by motor vehicle, over irregular routes, held authority to serve points in Iowa, proceeding is much broader in scope transporting: Ground oyster shells, in Minnesota, Wisconsin, the Lower Penin­ than this application. If a hearing is bulk, and mineral filler, in bulk, from sula of Michigan and Kentucky (except deemed necessary, applicant requests it Mobile, Ala., to points in Mississippi, Louisville). Common control may be be held at Omaha, Nebr., or Des Moines, Louisiana, and Florida. Note: If a involved. If a hearing is deemed neces­ hearing is deemed necessary, applicant sary, applicant requests it be held at Iowa. Charleston, W. Va., or Columbus, Ohio. No. MC 115162 (Sub-No. 133), filed requests it be held at Mobile, Ala., or New Orleans, La. No. MC 119934 (Sub-No. 124), filed June 27, 1966. Applicant: WALTER June 27, 1966. Applicant: ECOFF POOLE, doing business as POOLE No. MC 117765 (Sub-No. 47), filed TRUCKING, INC., Fortville, Ind. Ap­ TRUCK LINE, Post Office Box 310, June 27, 1966. Applicant: HAHN plicant’s representative: Robert C. Evergreen, Ala. Applicant’s represent­ TRUCK LINE, INC., 5800 North Eastern Smith, 620 Illinois Building, Indianapolis, ative: Robert E. Tate, 2025 City Federal Avenue, Oklahoma City, Okla. 73111. Ind. 46204. Authority sought to operate Building, Birmingham, Ala. 35203. Au­ Applicant’s representative: R. E. Hagan as a common carrier, by motor vehicle, thority sought to operate as a common (same address as applicant). Authority over irregular routes, transporting. carrier, by motor vehicle, over irregular sought to operate as a common carrier, Soya flour, including flakes and grits, in routes, transporting: Lumber; from Rip­ by motor vehicle, over irregular routes, bulk, from Decatur, 111., to Remington, ley, Tenn., to points in Indiana and Illi­ transporting: Fertilizer, fertilizer com­ Ind. Note: Applicant has pending a nois. Note : If a hearing is deemed nec­ pounds and ingredients, and urea, dry, contract carrier application in essary, applicant requests it be held at in bags or in bulk, in straight or mixed 128161. If a hearing is deemed neces­ Memphis, Tenn. shipments, from Oklahoma City, Okla., sary, applicant requests it be held a No. MC 115841 (Sub-No. 295), filed to Celeste, Dallas, Frisco, Hillsboro, Indianapolis, Ind., or Chicago, 111. June 24, 1966. Applicant: COLONIAL Honeygrove, Rosebud, and Sanger, Tex. No. MC 119934 (Sub-No. 125), filea REFRIGERATED TRANSPORTATION, Note : If a hearing is deemed necessary, June 30, 1966. Applicant: ECOJ?* INC., Post Office Box 2169, 1215 Bank- applicant requests it be held at Okla­ TRUCKING, INC., Fortville, Ind. Ap­ head Highway West, Birmingham, Ala. homa City, Okla. plicant’s representative: Robert • Applicant’s representative: Harry Ross, No. MC 117765 (Sub-No. 48), filed Smith, 620 Illinois Building, Indianapolis, 848 Warner Building, Washington, D.C. June 27, 1966. Applicant: HAHN Ind. 46204. Authority sought to operate 20004. Authority sought to operate as TRUCK LINE, INC., 5800 North Eastern as a common carrier, by motor vehic . a common carrier, by motor vehicle, over Avenue, Oklahoma City, Okla. 73111. over irregular routes, transporting: Lo irregular routes, transporting: Animal, Applicant’s representative: R. E. Hagan products, dry, in bulk, from Danville, •* poultry, fish, food and feed and feed (same address as applicant). Authority to points in Indiana, Ohio, and Kentuc y • ingredients and supplements thereto (ex­ sought to operate as a common carrier, N ote: Applicant has pending „ cept in bulk, in tank vehicles), from by motor vehicle, over irregular routes, carrier application in MC 128161. _ points in La Fourche Parish, La., to transporting; Volcanic ash, in bags, hearing is deemed necessary, aPP“_ , points in Mississippi, Alabama, Tennes­ boxes, barrels, and containers, from requests it be held at Indianapolis, •> see, Kentucky, Indiana, Michigan, Ohio, Custer City, Okla., to points in Arkansas, or Chicago, HI. Virginia, West Virginia, Pennsylvania, Colorado, Illinois, Indiana, Iowa, Kansas, No. MC 123393 (Sub-No. 137), nleo Maryland, Delaware, New Jersey, New Minnesota, Missouri, Nebraska, New June 30, 1966. Applicant: BIL^ L p 0. York, Connecticut, Rhode Island, Massa­ Mexico, North Dakota, South Dakota, FRIGERATED TRANSPORT CORF chusetts, and the District of Columbia. Tennessee, Texas, Utah, Wisconsin, and RATION, 2105 East Dale Street, Spnns field, Mo. 65803. Applicant’s represen Note: If a hearing is deemed necessary, Wyoming. Note; If a hearing is deemed

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9571 tive: Harley E. Laughlin, Post Office eral R egister,'issue of June 16,1966, and No. MC 128014 (Sub-No. 1), filed June Box 948, Commercial Station, Spring- republished as corrected this issue. Ap­ 27, 1966. Applicant: RICKS & SONS field, Mo, 65803. Authority sought to plicant: GERALD §MITH AND JACK DISTRIBUTING CO., INC., Boykins, Va. operate as a common carrier, by motor COLLIE, a partnership, doing business Applicant’s representative: Jno. C. God- vehicle, over irregular routes, transport­ as C & S TRUCKING, 2501 South Ala­ din, Insurance Building, 10 South 10th ing: Iron and steel, iron and steel arti­ meda Street, Los Angeles, Calif. 90011. Street, Richmond, Va. 23219. Authority cles, materials, supplies, and equipment Applicant’s representative: Ernest D. sought to operate as a common carrier, used and distributed by iron and steel Salm, 3846 Evans Street, Los Angeles, by motor vehicle, over irregular routes, dealers and manufacturers, between Calif. 90027. Authority sought to oper­ transporting: Flaked tall oil rosin in bags points in Putnam County, 111., and points ate as a common carrier, by motor ve­ and drums, from Severn, N.C., to New in Arkansas, Iowa, Kansas, Minnesota, hicle, over irregular routes, transporting: Market and Trenton, N.J. N ote: If a Mississippi, Missouri, Nebraska, North Food, food products, and such merchan­ hearing is deemed necessary, applicant Dakota, Oklahoma, South Dakota, Texas, dise as is dealt in by wholesale, retail, and requests it be held at Washington, D.C., and Wisconsin. N ote : Common control chain grocery and food business houses, or Richmond, Va. may be involved. If a hearing is deemed between points in Alameda, Contra Costa, No. MC 128050 (Sub-No. 1), filed June necessary, applicant requests it be held Los Angeles, Marin, Napa, Orange, 27, 1966. Applicant: JOHN R. BAR- at Chicago, 111. Riverside, San Bernardino, San Fran­ LOW, Dove' Creek, Colo. Applicant’s No. MC 123393 (Sub-No. 138), hied cisco, San Mateo, Santa Clara, Solano, representative: Harry D. Pugsley, 600 June 30, 1966. Applicant: BILYEU RE­ and Sonoma Counties, Calif., on the one El Paso Gas Building, Salt Lake City, FRIGERATED TRANSPORT CORPO- hand, and, on the other, points in Coco­ Utah 84111. Authority sought to operate RATION, 2105 East Dale Street, Spring- nino, Maricopa, Mohave, Pima, Pinal, as a contract carrier, by motor vehicle, field, Mo. 65803. Authority sought to Santa Cruz, Yavapai, and Yuma Coun­ over irregular routes, transporting: Ura­ operate as a common carrier, by motor ties, Ariz. N ote: The purpose of this nium ore, in bulk, from Enos Johnson vehicle, over irregular routes, transport­ republication is to correctly show the minesite located near Sa-nos-tee, ing: Iron and steel, iron and steel arti­ points involved. If a hearing is deemed N. Mex., to Uravan, Colo., for the account cles, materials, supplies, and equipment, necessary, applicant requests it be held of Ray Williams Mining. N ote: If a used and distributed by iron and steel at Phoenix, Ariz. hearing is deemed necessary, applicant dealers and manufacturers, between No. MC 126752 (Sub-No. 1), filed June requests it be held at Grand Junction, points in Putnam County, 111., and points 29, 1966. Applicant: JOYNER TRUCK Colo., or Salt Lake City, Utah. in Alabama, Florida, Georgia, Indiana, LINES, INC., 600 Joyner Street, Milledge- No. MC 128103 (Sub-No. 1), filed Kentucky, Louisiana, Michigan, Ohio, ville, Ga. Applicant’s representative: T. June 27, 1966. Applicant: GRACE and Tennessee. N ote: Common control Baldwin Martin, 700 Home Federal HALL SALMONS, doing business as may be involved. If a hearing is deemed Building, Macon, Ga. 31201. Authority HALL TRUCK LINE, 703 West Broad­ necessary, applicant requests it be held sought to operate as a contract carrier, way, Monmouth, 111. Applicant’s rep­ at Chicago, I1L by motor vehicle, over irregular routes, resentative: Robert T. Lawley, 308 No. MC 123393 (Sub-No. 139), filed transporting: Prefabricated buildings, Reisch Building, Springfield, 111. 62701. June 30, 1966. Applicant: BILYEU RE­ from Wrightsville, Ga., to points in Ala­ Authority sought to operate as a com­ FRIGERATED TRANSPORT CORPO- bama, Florida, Kentucky, Mississippi, mon carrier, by motor vehicle, over ir­ RATION, 2105 East Dale Street, Spring- North Carolina, South Carolina, and regular routes, transporting: Meat, meat field, Mo. 65803. Applicant’s representa­ Tennessee; under a continuing contract products, meat byproducts, and articles tive: Harley E. Laughlin, Post Office Box or contracts with Built-Well Homes, Inc., distributed by meat packinghouses, be­ 948, Commercial Station, Springfield, doing business as Monarch Homes. tween Monmouth, 111., and Galesburg, Mo. 65803. Authority sought to operate N ote: If a hearing is deemed necessary, 111. N ote: Applicant states that the as a common carrier, by motor vehicle, applicant requests it be held at Macon, above operation is restricted to traffic over irregular routes, transporting: Iron Ga., or Atlanta, Ga. having a prior or subsequent movement and steel, iron and steel articles, ma­ terials, supplies, and equipment, used No. MC 126835 (Sub-No. 8)*, filed June via rail. If a hearing is deemed neces­ and distributed by iron and steel dealers ^27, 1966. Applicant: EDGAR BISCH- sary, applicant requests it be held at afld manufacturers, between points in OFF, doing business as CASKET DIS­ Springfield, 111., or St. Louis, Mo. Putnam County, 111., Arizona, Califor­ TRIBUTORS, Rural Route 5, Brookville, No. MC 128142 (Sub-No. 1), filed nia, Colorado, Idaho, Montana, Nevada, Ind. Applicant’s representative: Jack B. May 19, 1966. Applicant: VINCENT A. Josselson, 700 Atlas Bank Building, Cin­ CONRAD, doing business as W. C. New Mexico, Oregon, Utah, Washington, TRUCKING CO., 198 Main Street, and Wyoming. N ote: Common control cinnati, Ohio 45202. Authority sought may be involved. If a hearing is deemed to operate as a contract carrier, by motor Dubuque, Iowa. Authority sought to necessary, applicant requests it be held vehicle, over irregular routes, transport­ operate as a contract carrier, by motor at Chicago, 111. ing : Caskets, casket displays and funeral vehicle, over irregular routes, transport­ No. MC 125777 (Sub-No. 101), filed supplies when moving with caskets, from ing: Lumber and building materials as 29, 1966. Applicant: JACK GRAY Nashville, Tenn., to Albany, Brooklyn, described in Motor Carrier Certificates, TRANSPORT, INC., 3200 Gibson Trans- Buffalo; Central Islip, Hempstead, Long 61 M.C.C. 209 at 270-283 (appendix VI), Island City, New York City, Oneida, from Dubuque, Iowa, to points in Carroll, Koad’ Hammond, Ind. Applicant’s Joe Daviess, and Stephenson Counties, t. p * n^ v e : David Axelrod, 39 South Rochester, Syracuse, and White Plains, ^a Sane street, Chicago, 111. 60603. Au- N.Y., Baltimore, Md., Boston and Cam­ 111., points in Iowa and points in Craw­ bridge, Mass., Chicago, 111., Cincinnati ford, Grant, Iowa, and Lafayette Coun­ nnrl- t° operate as a common and Cleveland, Ohio, Dallas, Houston, ties, Wis.j and refused, rejected, or dam­ ,ler» by motor vehicle, over irregular aged shipments, on return, under con­ « o transPorting: Such commodities Lubbock, San Antonio and Waco, Tex., usually transported in dump ve­ Decatur, Ga., Duluth, Minn., Indianapo­ tract with Wickes Lumber & Building lis, Ind., Louisville and Lancaster, Ky., Supplies, Dubuque, Iowa. N ote: If a in e*’ 7 ^ween Points in Putnam County, Newark, N.J., New Haven, Conn., Nor­ hearing is deemed necessary, applicant DniV,?? • e one hand, and, on the other, folk, Va., Oklahoma City, Okla., Orlando, requests it be held at Des Moines, Iowa. I ® \ ln Alabama, Illinois, Indiana, No. MC 128228 (Amendment), filed n psntVW?as’ Kentucky, Michigan, Min- Fla., Philadelphia and Pittsburgh, Pa., Portland, Maine, Providence, R.I., and May 16,1966, published F’ederal R egister w S o ^ f OUri> Nebraska, Ohio, West Washington, D.C., return shipments, issue of June 9, 1966, amended June 30, W iScl N£rth Dakota> South Dakota, casket covers and casket shipping con­ 1966, and republished, as amended, this New v??1?’ Pennsylvania, Tennessee, and tainers, on return, under contract with issue. Applicant: H. F. LLOYD TRUCK­ n e S la ii' 0No? : M a hearin® is deemed National Casket Co., Inc. N ote: Com­ ING, INC., 410 Wicks Lane, Billings, at c 5 c 5 o m ant requests l t ^ held Mont., 59101. Applicant’s representa­ mon control may be involved. If a hear­ tive: Jerome Anderson, Suite 300, First tion) fiwi 11163217 (Sub-No. 2) (Correc- ing is deemed necessary, applicant re­ National Bank Building, Billings, Mont. n>. filed May 16, 1966, published F ed­ quests it be held at Washington, D.C. 59101. Authority sought to operate as

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9572 NOTICES a contract carrier, by motor vehicle, over No. MC 128355, filed June 27, 1966. direction along the east bank of the irregular routes, transporting: Lumber, Applicant: HURLIMAN TRUCKING Susquehanna River, to Columbia, Pa., timbers, poles, posts and piling, plywood COMPANY, a corporation, Post Office thence easterly on U.S. Highway 30 to and hardboard, from White Sulphur Box 17204, Portland, Oreg. Applicant’s Lancaster, Pa., and thence in a northerly Springs, Mont., and points within 5 representative: Earle V. White, 2130 direction on Pennsylvania Highway 72 miles thereof, to points in North Dakota, Southwest Fifth Avenue, Portland, Oreg. to its junction with U.S. Highway 22, South Dakota, Nebraska, Kansas, Min­ 97201. Authority sought to operate as a thence in a westerly direction on U.S. nesota, Iowa, Wisconsin, Illinois, Indiana, contract carrier, by motor vehicle, over Highway 22 to its junction with Pennsyl­ and Utah. N ote: The purpose of this irregular routes, transporting: Baked vania Highway 34; thence in a south­ republication is to change the proposed goods such as chocolate eclairs and westerly direction along Pennsylvania operation from a “between” movement cream “puffs, coffee whiteners, dessert Highway 34 to its junction with Penn­ to a “from and to” movement. If a base, dessert toppings, dry coffee rich, sylvania Highway 274, continuing south­ hearing is deemed necessary, applicant and dry whipped topping, in mechani­ westerly on Pennsylvania Highway 274 requests it be held at Billings, Mont. cally refrigerated vehicles, from Buffalo, to its junction with Pennsylvania High­ No. MC 128286 (Amendment), filed N.Y., to points in Arizona, California, way 75, thence south on Pennsylvania May 19, 1966, published F ederal R eg­ Colorado, Idaho, Iowa, Kansas, Montana, Highway 75 to its junction with U.S. ister issues of June 30, 1966 and July 8, Nebraska, New Mexico, North Dakota, Highway 30, thence west along U.S. High­ 1966, and republished as amended this Oregon, South Dakota, Utah, Washing­ way 30 to McConnellsburg, Pa., thence issue. Applicant: WILSON W. REAR- ton, and Wyoming; under contract with south on U.S. Highway 522 through Cul­ ICK, Star Route, Apollo, Pa. Applicant’s the Rich Products Corp. Note: If a peper, Va., to its junction with Virigina representative: Jerome Solomon, 1302 hearing is deemed necessary, applicant Highway 3, thence southeasterly on Vir­ Grant Building, Pittsburgh, Pa. Auth­ requests it be held at Portland, Oreg., ginia Highway 3 to Fredericksburg, Va., ority sought to operate as a contract or Chicago, 111. thence southeasterly on U.S. Highway carrier, by motor vehicle, over irregular No. MC 128356, filed June 28, 1966. 17 to Gloucester Point, Va.; thence across routes, transporting: (1) Refractory Applicant: DOWNINGTOWN TRAILER the Chesapeake Bay to Cape Charles, products and refractory materials (ex­ CARRIERS, INC., 410 South Brandywine Va., including points on the above de­ cept refractory and firebrick), between Avenue, Dowingtown, Pa. Applicant’s scribed lines and highways, under a Latrobe, Somerset, and points in Gilpin representative: Paul Ribner, 400 Penn continuing contract or contracts, with Township, Armstrong County, Pa., on Square Building, Juniper and Filbert Acme Markets, Inc., of Philadelphia, Pa. the one hand, and, on the other, points Streets, Philadelphia, Pa. 19107. Au­ Note: If a hearing is deemed necessary, in New York, Maryland, Ohio, Delaware, thority sought to operate as a common applicant requests it be held at Wash­ Illinois, Indiana, Kentucky, and West carrier, by motor vehicle, over irregular ington, D.C. Virginia and (2) sand and loam, in bulk, routes, transporting: New and used No. MC 128358, filed June 29, 1966. in dump vehicles, between points in Gil­ trailers (excluding house trailers), be­ Applicant: WILLIAM HESSON, 84 pin Township; Armstrong County, Pa., tween the plantsites of the Gindy Manu­ Chatham Road, Ellicott City, Md. Ap­ and points in Ohio, West Virginia, Mary­ facturing Corp. in Lebanon, Honeybrook, plicant’s representative : V. Baker Smith, land, and New York, under contract or Downingtown, Philadelphia, and the 2107 Fidelity-Philadelphia Trust Build­ continuing contract with Bognar & Co., village of Eagle, Upper Uwchlund Town­ ing, Philadelphia, Pa. 19109. Authority lnc. , Union Mining Co., Union Refrac­ ship, Chester County, Pa., and points sought to operate as a contract carrier, tories, Inc., and Union Fire Brick Co., in Ohio, West Virginia, Virginia, North by motor vehicle, over irregular routes, Pittsburgh, Pa. N ote: The purpose of Carolina, Maryland, Delaware, New Jer­ transporting: Such merchandise as is this republication is to reflect a change sey, New York, Connecticut, Rhode dealt in by wholesale, retail and chain in the scope of the application as pub­ Island, Massachusetts, Vermont, New grocery and food business houses, and in lished June 30, 1966, and to show the Hampshire, and Maine. N ote : If a hear­ connection therewith, equipment, ma­ application as republished July 8, 1966, ing is deemed necessary, applicant re­ terials and supplies used in the conduct as an amendment, inadvertently omitted quests it be held at Philadelphia, Pa. of such business, between points in the in that republieation. If a hearing is No. MC 128357, filed June 29, 1966. territory bounded by a line beginning at deemed necessary, applicant requests it Applicant: CHARLES HOFMANN, 15 Cape Charles, Va., and extending in a be held at Pittsburgh, Pa. Holmehurst Avenue, Baltimore, Md. Ap­ southerly direction along the Chesa­ No. MC 128314, filed June 6, 1966. plicant’s representative: V. Baker Smith, peake Bay to the Atlantic Ocean, thence Applicant: FRED LEE WATSON, doing 2107 Fidelity-Philadelphia Trust Build­ in a northerly direction along the.At­ business as WATSON TRANSPORT ing, Philadelphia, Pa. 19109. Authority lantic coast to the Delaware Bay, thence COMPANY, 828 Bethsaida Road, Boaz, sought to operate as a contract carrier, along the west shore of the Delaware Ala. 35957. Authority sought to oper­ by motor vehicle, over irregular routes, Bay and the Delaware River to Delaware ate as a common carrier, by motor vehi­ transporting: Such merchandise as is City, Del., thence in a northerly direction cle, over irregular routes, transporting: dealt in by wholesale, retail and chain on Delaware Highway 9 to junction Textile products and machinery, new grocery and food business houses, and in Delaware Highway 273, thence along mobile homes and materials incidental to connection therewith, equipment, ma­ Delaware Highway 273 to the Delaware- manufacture, between points in the terials and supplies used in the conduct Maryland State line, thence north along United States. N ote: If a hearing is of such business, between points in the the Delaware-Maryland State line to the deemed necessary, applicant requests it territory bounded by a line beginning at Pennsylvania-Maryland-Delaware State be held at Boaz, Birmingham, or Mont­ Cape Charles, Va., and extending in a line, thence west on the Pennsylvania- gomery, Ala. southerly direction along the Chesapeake Maryland State line to the Susquehanna No. MC 128321, filed June 15, 1966. Bay to the Atlantic Ocean; thence in a River, thence in a northwesterly direc­ Applicant: WILBUR J. SCOTT, doing northerly direction along the Atlantic tion along the east bank of the Susque­ business as WRIGHT-WAY EXPRESS, Coast to the Delaware Bay, thence along hanna River, to Columbia, Pa., thence 2786 75th Avenue, Baton Rouge, La. the west shore of the Delaware Bay and easterly on U.S. Highway 30 to Lancas­ Applicant’s representative: Robert E. Delaware River to Delaware City, Del., ter, Pa., thence in a northerly directio Tate, 2025 City Federal Building, Bir­ thence in a northerly direction on Dela­ on Pennsylvania Highway 72 to junctio mingham, Ala. Authority sought to ware Highway 9 to junction Delaware U.S. Highway 22, thence in a westerly operate as a contract carrier, by motor Highway 273, thence along Delaware direction on U.S. Highway 22 to junc- vehicle, over irregular routes, transport­ Highway 273 to the Delaware-Maryland tion Pennsylvania Highway 34, Whence ing: Glass containers, from Terre Haute, State line, thence north on the Delaware- a southwesterly direction along Pennsy - lnd. , to Houma, Alexandria, and Baton Maryland State line to the Pennsylvania- vania Highway 34 to junction Pennsyl­ Rouge, La., under a contract with Wright Maryland-Delaware State line and vania Highway 274, continuing south­ Root Beer Co., Inc. N ote: If a hearing thence west on the Pennsylvania-Mary- westerly on Pennsylvania Highway is deemed necessary, applicant requests land-Delaware State line to the Susque­ to junction Pennsylvania Highway - It be held at Baton Rouge, La. hanna River, thence in a northwesterly thence south on Pennsylvania Hig

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9573 75 to junction U.S. Highway 30, thence sought to operate as a common carrier, vehicle with passengers, between Fort west along U.S. Highway 30 to McCon- by motor vehicle, over irregular routes, Stockton, Tex., and junction U.S. High­ nellsburg, Pa., thence south on U.S. transporting: General commodities (ex­ ways 80 and 290, over U.S. Highway 290, Highway 522 through Culpeper, Va., to cept those of unusual value, classes A serving all intermediate points. N ote: junction Virginia Highway 3, thence and B explosives, commodities in bulk, Common control may be involved. southeasterly on Virginia Highway 3 to commodities requiring special equip­ Fredericksburg, Va., thence southeast­ ment, and those injurious or contami­ By the Commission. erly on U.S. Highway 17 to Gloucester nating to other lading), (1) between [seal] H. N eil Garson, Point, Va., thence across the Chesapeake points in Los Angeles, Orange, River­ Secretary. Bay to Cape Charles, Va., including side, and San Bernardino Counties, [F.R. Doc; 66-7613; Filed, July 13, 1966; points on the above-described lines and Calif., and (2) between Los Angeles, 8:45 a.m.] highways, restricted to transportation Calif., on the one hand, and, on the service to be performed, under a con­ other, points in San Diego, Santa Bar­ tinuing contract, or contracts, wTith bara, and Ventura Counties, Calif. FOURTH SECTION APPLICATION Acme Markets, Inc., of Philadelphia, Pa. N ote: Applicant states it owns 100 per­ FOR RELIEF Note: If a hearing is deemed necessary, cent stock of Falcon Freight (MC 96748) applicant requests it be held at Washing­ and will surrender certificate No. MC J uly 11, 1966. ton, D.C. 96748 Sub 1 if this application is granted. Protests to the granting of an appli­ No.. MC 128360, filed June 27, 1966. If a hearing is deemed necessary, ap­ cation must be prepared in accordance Applicant: KITSAP DELIVERY, INC., plicant requests it be held at Los Angeles with Rule 1.40 of the general rules of 3065 Timber Lane, Bremerton, Wash. or San Francisco, Calif. practice (49 CFR 1.40) and filed within Applicant’s representative: Glenn W. 15 days from the date of publication of Toomey, 1500 Hoge Building, Seattle, Application for B rokerage License this notice in the F ederal R egister. Wash. 98104. Authority sought to oper­ No. MC 130002, filed June 8,1966. Ap­ Long- and-S hort H aul ate as a common carrier, by motor ve­ plicant: EMMA WALDECK, H. M. hicle, over irregular routes, transport­ SRYGLER, and R. L. SRYGLER, a FSA No. 40602—Fresh meats and ing: General commodities (except those partnership, doing business as E-TOWN packinghouse products to points in of unusual value, classes A and B explo­ TRAVEL AGENCY, Masonic Building, southern territory. Filed by Western sives, household goods as defined by the Elizabethtown, Ky. 42701. For a license Trunk Lines Committee, agent (No. Commission, commodities in bulk, com­ (BMC 5) to engage in operations as a A-2459)-, for interested rail carriers. modities requiring special equipment, broker at Elizabethtown, Ky., in arrang­ Rates on fresh meats and packinghouse and those injurious or contaminating to ing for the transportation by motor ve­ products, in carloads, from Fort Morgan, other lading), between airports in King hicle, in interstate or foreign commerce Colo., and Phelps, Mo., to points in County, Wash., on the one hand, and, on of passengers and their baggage, in char­ southern territory. the other, points in Whatcom, Skagit, ter operations, between points in the Grounds for relief—Market competi­ Snohomish, King, Pierce, Thurston, and United States. tion. Kitsap Counties, Wash., restricted to Tariff—Supplement 36 to Western shipments having a prior or subsequent Applications in W hich H andling W ith­ Trunk Line Committee, agent, tariff ICC out Oral H earing H as B een R equested movement by air. N ote : If a hearing is A-4518. deemed necessary, applicant requests it No. MC 102616 (Sub-No. 805), filed By the Commission. be held at Seattle, Wash. June 27, 1966. Applicant: COASTAL No. MC 128361, filed June 27, 1966. TANK LINES, INC., 501 Grantley Road, [seal] h . N eil Garson, Applicant: D. L. CRAWFORD, doing York, Pa. 17405. Authority sought to Secretary. business as MAYFIELD PAVING COM- operate as a common carrier, by motor [F.R. Doc. 66-7657; Filed, July 13, 1966; a !?’.0010 Road> Mayfield, Ky. 42066. vehicle, over irregular routes, transport­ 8:47 a.m.] Authority sought to operate as a contract ing: Petroleum asphalt and asphaltic earner, by motor vehicle, over irregular emulsions, in bulk, in tank vehicles, from routes, transporting: Crushed stone, hot Cock Pit Point, Prince William County, [Notice 212] asphalt, gravel, agricultural lime, Va., to points in the District of Columbia, MOTOR CARRIER TEMPORARY etween points in Kentucky and Ten- Maryland, West Virginia, North Carolina, nessee, under a contract with Western and Pennsylvania. AUTHORITY APPLICATIONS Materials Co., Inc., New Concord, Ky. No. MC 126556 (Sub-No. 2), filed June J uly 11, 1966. ote : If a hearing is deemed necessary, 27, 1966. Applicant: TALLYHO The following are notices of filing of Tennant requests ^ held at Memphis, TRANSPORT, INC., 211 % West Main applications for temporary authority Street, Marshalltown, Iowa, 50158. Ap­ under section 210a (a) of the Interstate At??; 128364> filed June 30, 1966 plicant’s representative: Max M. Mills Commerce Act provided for under the C- C- PLUMLEY, 840 Chenes (same address as applicant). Authority new rules in Ex Parte No. MC 67 (49 rP^ e; Marion> Ohio- Applicant’s rep- sought to operate as a common carrier, CFR Part 240), published in the F ederal wi!?tar?ves: James E. Wilhelm, Jr., 37 by motor vehicle, over irregular routes, R egister, issue of April 27, 1965, effec­ m ie Br?ad Street, Columbus, Ohio transporting: General commodities (ex­ tive July 1, 1965. These rules provide Strofi an« Herbert Baker, 50 West Broad cept livestock, classes A and B explosives, that protests to the granting of an ap­ t h f S Columbus- Ohio 43215. Au- household goods as defined by the Com­ plication must be filed with the field carriZ lought operate as a contract mission, commodities in bulk, and those official named in the F ederal R egister rnntoc. motor vehicle,, over irregular requiring special equipment), having im­ publication, within 15 calendar days irnv n ^ ansP°rting : Iron and steel and mediately prior or subsequent movement after the date notice of the filing of the Ohio * st.eel modvets, from Marion, by air, between Marshalltown, Iowa, and application is published in the F ederal of ivr’ioT?- P01ld's m the Lower Peninsula Chicago, HI., area airports. R egister. One copy of such protest or S gaiì’ under continuing contract Motor Carrier of P assengers must be served on the applicant, or its NoTrC0^ with Poliak Steel Co. authorized representative, if any, and No. MC 1515 (Sub-No. 109), filed the protest must certify that such service apniiòoÌta hearing is deemed necessary, June 27,1966. Applicant: GREYHOUND K O h?o requests lt be held at Colum- has been made. The protest must be LINES, INC., 140 South Dearborn Street, specific as to the service which such pro- Chicago, HI. 60603. Applicant’s repre­ testant can and will offer, and must con­ AppiicfffS; o??365’ filed June 29* 1966- sentative: Robert J. Bernard (same ad­ s 2 P L E E T , INC., 5001 sist of a signed original and six (6) dress as applicant). Authority sought copies. Calif Ann?16^ . Street’ Los Angeles, to operate as a common carrier, by motor aid n "Jpbcant s representative: Ron- A copy of the application is on file, and vehicle, over regular routes, transport­ can be examined, at the Office of the Wa

No. 135—Pt. FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9574 NOTICES the field office to which protests are to Supporting shipper: United States Gyp­ sives, serving the plant site of Macmil­ he transmitted. sum Co., 101 South Wacker Drive, lan Bloedel, Ltd., near Pine Hill, Ala., No. MC 13651 (Sub-No. 5 TA), filed Chicago, HL 60606. Send protests to: as an off-route point to applicant’s Ala­ July 6, 1966. Applicant: PEOPLE’S William E. Gallagher, District Super­ bama Highway 5 and U.S. Highway 43 TRANSFER, INC., 701 North 22d Avenue, visor, Interstate Commerce Commission, routes, for 180 days. Supporting ship­ Phoenix, Ariz. 85009. Applicant’s rep­ Bureau of Operations and Compliance, per: MacMillan Bloedel, Ltd., 1199 West resentative: A. M. Bernstein, Attorney, 1086 U.S. Courthouse and Federal Office Pender Street, Vancouver 1, Canada. 1327 Guaranty Bank Building, 3550 Building, 219 South Dearborn Street, Send protests to: B. R. McKenzie, Dis­ North Central, Phoenix, Ariz. 85012. Au­ Chicago, 111., 60604. trict Supervisor, Bureau of Operations thority sought to operate as a common No. MC 75651 (Sub-No. 63 TA ), filed and Compliance, Interstate Commerce carrier, by motor vehicle, over irregular July 5, 1966. Applicant: R. C. MOTOR Commission, Room 212, 908 South 20th routes, transporting: Animal hides, from LINES, INC., Post Office Box 2501, Jack­ Street, Birmingham, Ala. 35205. points in Maricopa County, Ariz., to sonville, Fla. 32201. Applicant’s repre­ No. MC 110525 (Sub-No. 792 TA), filed points in Napa County, Calif.: "building sentative: J. E. Allen, Attorney at Law, July 6, 1966. Applicant: CHEMICAL stone, from points in Coconino, Gila, 1205 Universal Marion Building, Jack­ LEAMAN TANK LINES, INC., 520 East Maricopa, Yavapai, and Yuma Counties, sonville, Fla. Authority sought to oper­ Lancaster Avenue, Dowingtown, Pa. Ariz., to points in Los Angeles, Orange, ate as a common carrier, by motor ve­ 19335. Applicant’s representative: Ed­ Riverside, San Bernardino, Kern, Tulare, hicle, over regular routes, transporting: win H. van Deusen, 520 East Lancaster Fresno, Kings, Monterey, Merced, Stanis- General commodities (except those of Avenue, Dowingtown, Pa. 19335. Au­ law, Santa Clara, Canta Cruz, Santa unusual value, classes A and B explo­ thority sought to operate as a common sives, household goods as defined by the carrier, by motor vehicle, over irregular Mateo, Alameda, Costa Mesa, San routes, transporting: Alcoholic liquors, Joaquin, Marin, Solano, Napa, Yolo, Commission, commodities in bulk, and Sacramento, Yuba, Cabesa, Glenn, Butte, those requring special equipment) (1) in bulk, in tank vehicles, from Elizabeth, between Jacksonville and Miami, Fla.,* N.J., to Schenley, Pa., for 150 days. Lehama, Shasta, Siskiyou, Placer, and El Supporting shipper: Schenley Distillers, Dorado Counties, Calif.: and Jackson, (a) From Jacksonville over U.S. High­ way 1 to Miami, (b) from Jacksonville Inc., Lawrenceburg, Ind. Send protests Josephine, Douglas, Coos, Lane, Benton, to: Peter R. Guman, District Supervisor, Unn, Marin, Polk, Clackamas, Yamhill, over Interstate Highway 10 to Junction U.S. Highway 301, thence over U.S. High­ Interstate Commerce Commission, Bu­ Washington, and Multnomah Counties, reau of Operations and Compliance, 900 Oreg.; lumber and wood products, from way 301 to junction U.S. Highway 27, and thence over U.S. Highway 27 to U.S. Custom House, Second and Chest­ points in San Diego, Orange, Riverside, nut Streets, Philadelphia, Pa. 1C 106. San Bernardino, Los Angeles, Tulare, Miami, and (c) from Jacksonville over Interstate Highway 10 to junction U.S. No. MC 115162 (Sub-No. 134 TA), Fresno, Glenn, Butte, Trinity, Shasta, filed July 6,1966. Applicant: WALTER Del Norta, Humboldt, Mendocina, Ne­ Highway 301, thence over U.S. Highway 301 as described in (b) above to junction POOLE, doing business as POOLE vada, Siskiyou, Madera, Yuba, Tehama, TRUCK LINE, Post Office Box 310, Plumas, Lassen, and Medoc Counties, U.S. Highway 441, thence over U.S. Highway 441 to junction Sunshine State Evergreen, Ala. 36401. Applicant’s rep­ Calif.; Klamath, Jackson, Josephine, resentative : Robert E. Tate, Practitioner, Curry, Douglas, Coos, Lane, Benton, Parkway, thence over Sunshine State Parkway and over all access roads con­ 2125 City Federal Building, Birmingham, Linn, Polk, Clackamas, Yamhill, Mul- Ala. 35203. Authority sought to operate nomah, Wash., Tillamook, Hood River, necting said parkway with applicant’s regular route over U.S. Highway 1 to as a common carrier, by motor vehicle, and Marion Counties, Oreg., to points in over irregular routes, transporting. Arizona; from points in Klamath, Jack- Miami; (2) between Jacksonville and Sarasota, Fla.; from Jacksonville over Pallets, from Gonzalez, Fla., to points m son, Josephine, Curry, Douglas, Coos, Indiana, Illinois, Texas, Missouri, Min­ Lane, Benton, Linn, Polk, Clackamas, Interstate Highway^ 10 to junction U.S. Highway 301, and thence over U.S. High­ nesota, Georgia, Louisiana, and Kansas, Yamhill, Mulnomah, Washington, Tilla­ for 180 days. Supporting sapper- mook, Hood River, and Marion Counties, way 301 to Sarasota, and (3) between Jacksonville and Tampa, Fla.: From Webbs Wood Products, Inc., Post Omce Oreg., to points in Los Angeles,> Orange, Box 127, Gonzalez, Fla. Send protests San Bernardino, Riverside, and Imperial Jacksonville over U.S. Highway 17 to Orlando, Fla., thence over Interstate to: B. R. McKenzie. District Supervisor, Counties, Calif.; lumber from points in Bureau of Operations and Compliance, Arizona to points in Los Angeles, Orange, Highway 4 to Tampa, and return over the same routes, serving all intermediate Interstate Commerce Commission, R^0™- Riverside, San Bernardino, Ventura, 212, 908 South 20th Street, Birmingham, Lassen, San Joaquin, Sacramento, Ala­ points and the off-route points of Cape Kennedy, Umatilla, Eustis, and Grove- la. 35205. „ meda, Contra Costa, and Santa Clara land and points within a 25-mile radius No. MC 111731 (Sub-No. 6 TA), filed Counties, Calif., for 180 days. Support­ aly 6, 1966. Applicant: BALE SAin- ing shippers: Western Pine Sales, Inc., of Jacksonville, Orlando, Haines City, [ONS, Magnolia, 111. Applicant s rep- 2929 East Thomas Road, Phoenix, Ariz. and Tampa, Fla., in routes (1), (2), and (3) above, for 180 days. Supporting tentative: M. a . Gulo. 124 SMffl 85016; Apache Stone & Supplies, Inc., [onroe Street, Streator, 111. 6i364.A u 2631 East Indian School Road, Phoenix, shippers: The application is supported by statements from 488 shippers which rority sought to operate as a ^ontrac Ariz. 85016; Mallco Distributors, 315 xrrier, by motor vehicle, over irregw* South 11th Avenue, Phoenix, Ariz. may be examined here at the Inter­ state Commerce Commission in Wash­ jutes, transporting: Corrugated steei 85030; International Forest Products tilverts, from Havana, 111., to P5>*n _ Corp., 3800 North Central Avenue, ington, D.C. Send protests to: District lentucky and Tennessee, for ^JO days, Phoenix, Ariz. 85012. Send protests to: Supervisor, G. H. Fauss, Jr., Interstate Commerce Commission, Bureau of Oper­ importing shipper: Wheeling Andrew V. Baylor, District Supervisor, ig Co,, a division of Wheeling Interstate Commerce Commission, Bu­ ations and Compliance, Post Office Box orp., Wheeling, W. Va. 26003. Send reau of Operations and Compliance, 4006 4969, Jacksonville, Fla. 32201. rotests to: Raymond E. Mauk, Ehstr^ Federal Building, Phoenix, Ariz. 85025. No. MC 99498 (Sub-No. 2 TA), filed July 5, 1966. Applicant: JIMMY STEIN upervisor, Interstate Commerce No. MC 50069 (Sub-No. 361 TA), filed MOTOR LINES, INC., Post Office Box fission, Bureau of Operations and com July 5, 1966. Applicant: REFINERS 4532, Mobile, Ala. Applicant’s represent­ liance, 1086 U.S. Courthouse an TRANSPORT AND TERMINAL COR­ ative: Robert E. Tate, Transportation 'ederal Office Building, 219 South De PORATION, 930 North York Road, Hins­ om Street, Chicago, 111. 60604. ^ Consultant, 2025 City Federal Building, No. MC 119777 (Sub-No. 64 TA), ffig dale, 111. 60521. Applicant’s representa­ Birmingham, Ala. 35203. Authority tive: Robert H. Levy, Levy & Andrin, 29 uly 6, 1966. Applicant: LIGON sought to operate as a common carrier, IIALIZED HAULER, INC. ^ O ^e South La Salle Street, Chicago, HI. 60603. by motor vehicle, over regular routes, Authority sought to operate as a common >ox 31, U.S. Highway 41,S°uth, Mam_ carrier, by motor vehicle, over irregular transporting: General commodities, ex­ mville, Ky. 42431. A P f ^ i f J y i c e routes, transporting: Lime, in bulk, in cept commodities in bulk, commodities entative: Mr. William G. ^ l01v/ra

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 NOTICES 9575 operate as a common carrier, by motor Route 1, Monroe, Oreg., Oregon Lumber vehicle, over irregular routes, transport­ Export Co., Board of Trade Building, DEPARTMENT OF HEALTH, EDU­ ing: Guardrail and guardrail posts and Portland, Oreg., Kuzman Lumber Co., accessories, from Evansville, Ind., to Terminal Sales Building, Portland, Oreg. CATION, AND WELFARE points in Connecticut, Illinois, Iowa, Send protests to ; A. E. Odoms, District Maine, Massachusetts, Michigan, Min­ Supervisor, Interstate Commerce Com­ Office of Education nesota, New Hampshire, New Jersey, New mission, Bureau of Operations and Com­ York, Pennsylvania, Ohio, Rhode Island, pliance, 450 Multnomah Building, Port­ FEDERAL FINANCIAL ASSISTANCE IN Vermont, Wisconsin, and the District of land, Oreg. 97204. CONSTRUCTION OF NONCOMMER­ Columbia, for 180 days. Supporting By the Commission. CIAL EDUCATIONAL TELEVISION shipper: Mr. Barry Shapiro, executive BROADCAST FACILITIES vice president, Anderson “Safeway” [seal] H. N eil Garson, Guard Rail Corp., Evansville, Ind. 47711. Secretary. Applications Accepted for Filing Send protests to: Wayne L. Merilatt, [F.R. Doc. 66-7658; Filed, July 13, 1966; District Supervisor, Bureau of Opera­ 8:48 a.m.] Notice is hereby given that effective tions and Compliance, Interstate Com­ with this publication the following de­ merce Commission, 426 Post Office scribed application, for Federal financial Building, Louisville, Ky. 40202. [Notice 1381] assistance in the construction of non­ No. MC 124109 (Sub-No. 4 TA), filed MOTOR CARRIER TRANSFER commercial educational television broad­ July 7, 1966. Applicant: B. F. C. TRANSPORTATION, INC., 950 Shaver PROCEEDINGS cast facilities is accepted for filing in Road NE., Post Office Box 985, Cedar J uly 11, 1966. accordance with 45 CFR 60.7: Rapids, Iowa 52406. Applicant’s repre­ Synopses of orders to section 212(b) Tacoma School District No. 10, Post Office sentative: William A. Landau, 1307 East of the Interstate Commerce Act, and Box 1357, Tacoma, Wash. 98401, File No. 146 Walnut Street, Des Moines, Iowa 50306. rules and regulations prescribed there­ to improve the facilities of noncommercial Authority sought to operate as a contract under (49 CFR Part 179), appear below: educational television station KTPS, Chan­ carrier, by motor vehicle, over irregular nel 9, Tacoma, Wash. As provided in the Commission’s gen­ Educational Television of Northwest Penn­ routes, transporting: Corrugated ship­ eral rules of practice any interested sylvania Inc., 204 West Sixth Street, Erie, Pa., ping containers, knocked down flat, from person may file a petition seeking recon­ File No. 147, for the establishment of a new Cedar Rapids, Iowa, to Belvidere, Deca­ sideration of the following numbered noncommercial educational television station tur, Galesburg, Lanark, La Salle, Morton, proceedings within 30 dayj from the date on Channel 54, Erie, Pa. Ottawa, Peoria, Rockford, and Streator, of service of the order. Pursuant to sec­ Kentucky State Board of Education, State IU.; and Janesville, Wis., for 180 days. tion 17(8) of the Interstate Commerce Office Building, Frankfort, Ky., File No. 148, Supporting shipper: Weyerhaeuser Co., Act, the filing of such a petition will for the establishment of a new noncommer­ 100 South Wacker Drive, Chicago, 111. cial educational television station on Channel postpone the effective date of the order 22,‘Pikeville, Ky. 60606. Send protests to: Chas. C. Big- in that proceeding pending its disposi­ Kentucky State Board of Education, State gers, District Supervisor, Interstate Com­ tion. The matters relied upon by Office Building, Frankfort, Ky., File No. 149, merce Commission, Bureau of Operations petitioners must be specified in their for the establishment of a new noncommer­ and Compliance, 235 U.S. Post Office petitions with particularity. cial educational television station on Channel Building, Fourth and Perry Streets, No. MC-FC-68780. By order of July 25, Ashland, Ky. Davenport, Iowa 52801. 6, 1966, division 3, acting as an appellate Any interested person may, pursuant No. MC 126128 (Sub-No. 2 TA), filed division approved the transfer to 7, 1966. Applicant: DEAN W. Superior Fast Drayage, a corporation, to 45 CFR, section 60.8, within 30 HOBBENSIEFKEN, doing business as doing business as Superior Express, Los calendar days from the date of this pub­ D. H. TRUCKING, Route 1, Box 241, Angeles, Calif., of certificate of registra­ lication, file comments regarding the fiyons, Oreg. Authority sought to op­ tion in No. MC-121336 (Sub-No. 1), above applications with the Chief, Edu­ erate as a common carrier, by motor ve­ issued March 6, 1964, to Bargsten Truck hicle, over irregular routes, transporting: cational Television Facilities Branch, Lines, Inc., Fullerton, Calif., authoriz­ U.S. Office of Education, Washington, number, from points in Linn and Benton ing the transportation of: General com­ uiunties, Oreg., to the steamship docks modities, solely within the State of Cali­ D.C. 20202. at Portland, Oreg., for 180 days. Sup­ fornia. James W. Wade, 453 South (76 Stat. 64, 47 U.S.C. 390) porting shippers: Larson Lumber Co., Spring Street, Los Angeles, Calif. 90013, ost Office Box 575, Philomath, Or eg., attorney for applicants. R aymond J. S tanley, Emvards Bros. Construction Co., Post Chief, Educational Television [seal] H. N eil Garson, Facilities Branch, U.S. Office Office Box 487, Albahy, Oreg., Patrick Secretary. of\Education. j^ttmer Co., Terminal Sales Building, [F.R. Doc. 66-7659; Filed, July 13, 1966; Portland, Oreg., I. p. Miller Lumber Co., [F.R. Doc. 66-7655; Filed, July 13, 1966; 8:48 a.m.] 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966

<< 9576 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JULY 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 July.

3 CFR * T 7 CFR—Continued Page 7 CFR—-Continued page Executive Orders: 1064 ______9206 P roposed R ules— Continued 2216 (revoked in part by PLO 1065 ______9206 1051- ______9127 4042)______9108 1066 ______9206 1060- ___ — — 9351 3672 (revoked in part by PLO 1068 ______9206 1061- .— — 9127, 9279 4042)______—---- 9108 1069 _____ 9206 1062. ______9127 6626 (revoked in part by PLO 1070 ______—— 9206 1063. ______9127 4042)______9108 1071 ______9206 1064. 9127, 9279, 9306 11258 (superseded by EO 1073— ______— 9206 1065. ______9127 11288)______—------9261 1074 ______9113, 9206 1066. ______9127 11288 ______9261 1075 ______—- 9206 1067. ______9127 11289 ______—— 9265 1076 ______9206 1068. ______9127 1078 ______9206 P roclamations : 1069. ______9127 3732____ -______9537 1079 ______—______9206 1070. ______£ 9127 1090______—_ 9206 1071. ______9127 5 CFR 1094—— _____ - 9206 1073. ____ 9127, 9218 1096 _____ 9206 1074. ____ 9127,9218 213______9043, 9271, 9408, 9539 1097 ______9206 1075. ______9127 2300_____ 9408 1098 ______—— 9206 1076. ______9127 1099— ______9206 1078. ______9127 6 CFR 1101 ______9206 1079. ______9127 310______— 9199 1102 ______9206 1090. ______9127 1103 ______9206 1094. _____ 9127 7 CFR 1106-______9206 1096. ______9127 0______9544 1108______9206 1097. ______9127 28______9412 1125 ______— 9206 1098. ___ 9127,9303 58__ 9443 1126 ______9114, 9206 1099. ___ 9127 81_____ 9043 1131 ______- 9206 1101. _____ 9127 301______9494 1132 ______9206 1102. • — 9127 331______— 9544 1133 ____.______9206 1103. „ 9127 401______9495, 95451136 _ 9206 1104. — 9127 722____ 9445 1137 _ 9206 1106. — 9127 728______9110, 95451138______-______9206 1108. — 9127 751—______9545 1201——______9337 1120. — 9127 777______9111 1421______9116, 9337,9341, 9414 1125. — 9127 811—______9546 1427______9270, 9445 1126. _ 9127 817______9495 1430______9497 1127. __ 9127 908 —______9112, 9412, 9497 1490______9208 1128. — 9127 __ 9127 910______9113, 9206, 9413, 9445 P roposed R ules: 1129. 915 _ 9044 1130. _ 9127 916 _ 9413 730______9420 1131. 9127 919______- ______9547 967______9118 1132. „ 9127 921 __ —______— 9547 987______9461 1133. __ 9127 922 ______9413 991______— ______9118 1134 — 9127 946.______— 9044 1001 ______9127 1136 _ 9127 947___ 9269 1002 ______9127 1137 9127 1002______-______9206 1003 ______9127 1138 9127 1004 ______- 9045 1005______9127 1008— ______9127 8 CFR 1005 ______9206 1009_____ 9127 1008— ______9206 235____ 9103 1011 ______9127 9267 1009______9206 1012 ______9127 252____ 1011——______9206 1015 ______9127 1012 ______9206 10 CFR 1013 ______9045, 9206 1016 ______9127 ! ______9539 1031 ______-______- 9206 1031 ______9127, 9420 1032______-______9206 1032 ______9127, 9152 1033 ______9127 12 CFR 1033 ______-___ — 9206 1034 ______9127 9103,9445 1034______!______9206 204_____ 9445 1035 ______9127 216_____ 1035 ______i ___ —— 9206 1036 _ 9127 9103 1036 ______9206 217_____ 9539 1038 ______9206 1038 ___ 9127 571_____ 1039 ____ 9206 1039 ______9127 1040 ______—— 9206 1040 ______9127 1041 ______9127 13 CFR 9270 1041______9206 108_____ 1043 ______9206 1043 ______9127 1044 ______9206 1044 ______9127 1045 ______— 9206 1045 ______9127 14CFR 9211 1046 _ 9206 1046 ______9127 39______9046, 9109,9399, 9446 1047 ______9206 1047 ______I ___ — 9127 1049______9206 63------"""" go47, 1051______9206 1048 ______9127 1062 ______9206 1049 ___ 9127 1063 ______9206 1050 ...... —73 9152 FEDERAL REGISTER 9577

14 CFR— Continued Page 26 CFR Page 41 CFR—Continued Page 75______9267, 9400 1______9199, 9454 1 1 -3 ------9457 77______9448 P roposed R ules: 1 1 -5 ------9458 95______9487 1______9276, 9351, 9506, 9549 101-26______9541 97______9048, 9212, 9401 48 _____ , ______9086 101-27___ 9541 103______9058 101-45______l______9542 Proposed R ules: 29 CFR 21______9131 1500______9348 42 CFR 45______9131 P roposed R ules: 52------9499 71______9137, 60------"______9420 59a______9499 9306,9307, 9361-9363, 9423, 9460, 61------9499 9549,9550. 30 CFR 63 ------9499 75______9363, 9423 229__ 9062 64 ------9499 91______9131 43 CFR 241______9358 31 CFR 100...... 9493 8— ----- 9108 P ublic Land Orders: 16 CFR 250------9418 829 (revoked in part by PLO 13___ 9345, 9346, 9449-9453, 9489, 9490 4044)____ :______9268 15— ______9214 32 CFR 3873 (revoked in part by PLO 221—______9267 43------9458 4043) ______9268 260.______9062 721------9271 4042 ______9108 1809______9348 17 CFR 4043 ______9268 240______9104 33 CFR 4044 ------9268 249______9104 4045 ______9268 207------9497 4046 ------9269 18 CFR 4047 ______.______9269 36 CFR 157_____ 9347 260_____ 9062 1------9062 46 CFR 3 ------9107 401 ------i ------9064 20 CFR 7------9062 402 ------9067 221— ------9417 405_____ 9580 P roposed R ules: 47 CFR 21 CFR 29— ...... 9278 25------9216 3— , 73------9216 ------9215, 9540 37 CFR 81------9350 8— , ------9105 120_. ______9453 1------9540 83_------9273, 9350, 9505 121-. P roposed R ules: 9106, 9215~ 9417~ 9453, 9491 38 CFR 146cl. ------9107 1—------9424 166_. 3------9063 2______9550 — ...... 9492 36------— ------9063 73------9088, 9239, 9551, 9552 22 CFR 95------9511 81—— 39 CFR 9348 16_------—_ 9540 49 CFR 24------9540 71-79------9067 23 CFR 95------9084, 9085 9270 P roposed R ules: 41 CFR 95------9240 24 CFR I - 5------9216 97_------9240 1600-____ / ,* p 4 - 6------9497 170------9308 9492 5- 2------9498 25 CFR 5-6__------9498 50 CFR 9-7------—------— ____ 9063 32------9505 Proposed Rules: 9-56------9349 255___ 256------9108 9087 II - 1—------9457 271------9542, 9543

/

FEDERAL REGISTER VOLUME 31 • NUMBER 135

Thursday, July 14, 1966 • Washington, D.C.

PART II

Department of Health, Education, and Welfare • Social Security Administration

Federal Health Insurance for the Aged

Supplementary Medical Insurance Benefits

No. 135—Pt. n ___ i 9580 RULES AND REGULATIONS Sec. § 405.210 Enrollment procedures. 405.252 Conditions prohibiting payment of Title 20— EMPLOYEES’ BENEFITS benefits. In order for an eligible individual (see § 405.205) to become enrolled under the Chapter III— Social Security Adminis­ Authority: The provisions of the Subpart supplementary medical insurance bene­ tration, Department of Health, Ed­ B issued under secs. 1102, 1831—1843, 1871, 49 Stat. 647, as amended, 79 Stat. 301-313; fits plan, a written request for enroll­ ucation, and Welfare 79 Stat. 331; 42 U.S.C. 1302, 1395 et seq. ment, signed by or on behalf of the en- [Reg. No. 5] rollee, must be filed with the Administra­ § 405.201 Supplementary medical insur­ tion during a period of enrollment open PART 405— FEDERAL HEALTH INSUR­ ance benefits; general. to such individual (see §§ 405.211 through ANCE FOR THE AGED (1965__—) Part B of title XVIII of the Act pro­ 405.217): vides for a voluntary “supplementary Subpart B— Supplementary Medical medical insurance plan” available to § 405.211 Enrollment periods; general. Insurance Benefits most individuals age 65 and over. This An individual may enroll for supple­ supplementary medical insurance plan mentary medical insurance benefits only Chapter III, Title 20, is amended by (which is financed by premiums paid by during an “enrollment period.” There adding thereto Subpart B of new Part each individual who enrolls in the plan are two kinds of enrollment periods—the 405 to read as follows: plus matching contributions from funds “initial enrollment period,” which is Subpart B— Supplementary Medical Insurance appropriated^ by the Federal Govern­ based on the time when the individual Benefits ment) provides coverage against the first meets the eligibility requirements Sec. costs of certain physicians’ services, for enrollment, and the “general enroll­ 405.201 Supplementary medical insurance home health services (without any re­ ment period” during which an individual benefits; general. 405.202 Enrollment; general. quirement of prior hospitalization), and who failed to enroll during his initial en­ 405.205 Supplementary medical insurance other medical and health services in and rollment period or whose enrollment benefits; conditions for enroll­ out of medical institutions. The con­ terminated may, with certain limitations, ment. ditions for enrollment in the supple­ first enroll, or reenroll. 405.206 Supplementary medical insurance mentary medical insurance plan, the benefits; persons ineligible to types of benefits provided, amounts paid, § 405.212 Initial enrollment period. enroll. and limitations and conditions with (a) General. An individual’s first 405.210 Enrollment procedures. respect to payment are set out in this opportunity to enroll for supplementary 405.211 Enrollment periods; general. medical insurance benefits is called his 405.212 Initial enrollment period. Subpart B. 405.213 General enrollment periods. § 405.202 Enrollment; general. “initial enrollment period.” The begin­ 405.214 Limitation on enrollment and re­ ning and ending dates of an individual’s enrollment. To become entitled to supplementary initial enrollment period are determined 405.217 Enrollment by a State of individuals medical insurance benefits, an individual by the date on which he first jneets receiving money payments under must meet the requirements for enroll­ the requirements for enrollment (see public assistance program. ment (see § 405.205) and must enroll § 405.205), 405.220 Coverage period; general. (see § 405.210) under the supplementary (b) Individual eligible before March 405.221 Coverage period; beginning date. medical insurance plan during the en­ 405.222 Coverage period beginning date; in­ 1966. If an individual meets the re­ dividuals enrolled under State rollment period applicable in his case quirements in § 405.205 before March agreements. (see §§405.211 through 405.217). 1966, his initial enrollment period begins 405.223 Coverage period; manner and time § 405.205 Supplementary medical in­ on September 1, 1965, and ends on May of termination. surance benefits; conditions for en­ 31, 1966, subject however to the pro­ 405.224 Good cause for failure to enroll dur­ rollment. visions described in § 4051244 (relating to ing tbe initial enrollment period An individual who is age 65 or over is good cause for failure to enroll). ending May 31,1966. (c) Individual first eligible after 405.230 . Supplementary- medical insurance eligible to enroll in the supplementary benefits. medical insurance plan (unless excluded February 1966. If an individual first 405.231 Medical and other health services; under § 405.206) if: meets the conditions for eligibility in included items and services. (a) He is entitled to hospital insur­ § 405.205 after February 1966, his i n i t i a l 405.232 Medical and other health services; ance benefits under title XVIII of the enrollment period begins on the 1st day exclusions. Act (see § 404.367 in Part 404 of this of the third month before the month m 405.233 Home health services; general. which he first meets such requirem ents 405.234 Home health services; conditions. chapter); or and ends with the close of the last day 405.235 Home health services; place where (b) He is a citizen and resident of the items and services must be fur­ United States; or of the third month following the montn nished. (c) He is an alien lawfully admitted in which he first satisfies such require­ 405.236 Home health services; items and for permanent residence, who is a resi­ ments. „ ,. services included. dent of the United States and who has (d) First eligibility for enrollment, 405.237 Home health services; items and individual eligible solely because of en­ services not included. resided in the United States continuously titlement to hospital insurance benen • 405.238 Home health services; “visits” during the 5 years immediately preced­ For purposes of determining the ini i defined. ing the month in which he applies for enrollment period of an individual w 405.240 Payment of supplementary medical enrollment. is eligible for enrollment solely because insurance benefits; amounts pay- § 405.206 Supplementary medical in­ he is entitled to hospital insurance be - — able. surance benefits; persons ineligible 405.241 Payment of supplementary medical fits (see § 405.205(a)), the individual.v insurance benefits; election by to enroll. considered as first meeting the requi group-practice prepayment plan Notwithstanding the provisions speci­ ments for eligibility for enrollment on as to method of determining fied in § 405.205, an individual is not the first day on which he would. Deofi4.~ amount of payment. eligible for enrollment for supplementary titled to hospital insurance benenu, 405.243 Total amount of expenses incurred; upon filing application therefor wh treatment of mental psychoneu­ medical insurance benefits if he has been \ rotic and personality disorders. convicted of any offense under chapter 405.244 Total amount of expenses; expenses 37 (relating to espionage and censor­ § 405.213 N General enrollment periods. excluded. ship) chapter 105 (relating to sabotage), 405.245 The supplementary medical insur­ or chapter 115 (relating to treason, sedi­ There shall be a general enrollm ent ance benefits deductible. tion, and subversive activities) of title 18 period beginning on October 1 ana 405.250 Procedures for payment; medical of the United States Code, or under sec­ ing on December 31 of each and other health services fur­ tions 4, 112, or 113 of the Internal Secu­ nished by provider; home health numbered year beginning wi^ „04 services. rity Act of 1950, as amended (relating Subject to the provisions of § • 405.251 Procedures for payment; medical to conspiracies to establish dictatorships (relating to extension of the imtia and other health services fur­ and conspiracies to commit espionage or nished by other than a provider. sabotage). rollment period for “good cause .

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 RULES AND REGULATIONS 9581 individual who fails to enroll for supple­ § 405.217 Enrollment by a State of indi­ § 405.221 Coverage period; beginning mentary medical insurance benefits dur­ viduals receiving money payments date. ing his initial enrollment period may under public assistance program. An individual’s “coverage period” can enroll only during a subsequent general (a) Subject to the provisions of para­ begin no earlier than July 1, 1966, and enrollment period. graph (c) of this section, the Secretary begins on a day as determined in ac­ shall enter into an agreement with any cordance with this section (or in the case § 405.214 Limitation on enrollment and State which so requests before 1968, pur­ of an individual enrolled pursuant to a reenrollment. suant to which all eligible Individuals State agreement, in accordance with the (a) First enrollment. An individualin either of the coverage groups de­ provisions of § 405.222): who fails to enroll for supplementary scribed in paragraph (b) of this section (a) Enrollment during initial enroll­ medical insurance benefits during his (as specified in the agreement) will be ment period; first eligibility before initial enrollment period may enroll in a enrolled under the supplementary medi­ March 1966. (1) The coverage period of general enrollment period provided that cal insurance benefits plan. an individual who first meets the eli­ such enrollment occurs within 3 years (b) An agreement entered into with gibility requirements for enrollment (see after the close of his initial enrollment any State pursuant to paragraph (a) of § 405.205) prior to March 1966, and who period. An individual who does not en­ this section shall be applicable to either enrolls during his initial enrollment roll for supplementary medical insurance of the following coverage groups: period of September 1965 through May benefits within the 3-year period after (1) Individuals receiving money pay­ 1966, begins on July 1,1966. the close of his initial enrollment period, ments under the plan of such State ap­ (2) The coverage period of an in­ is precluded from such enrollment. proved under title I or title XVI of the dividual who first meets the eligibility Example 1: An individual first meets the Act; or requirements for enrollment (see § 405.- requirements for enrollment in August 1966. (2) All Individuals receiving jnoney 205) prior to March 1966, who fails to He does not enroll during his initial enroll­ payments under any of the plans of such enroll prior to June 1966, but who is au­ ment period—May through November 1966. State approved under titles I, IV, X, XIV, thorized to enroll at a subsequent time If he wishes to be covered in the supple­ and XVT of the Act. not later than September 30, 1966, under mentary insurance plan, he must enroll dur­ (c) Notwithstanding paragraph (b) the “good cause” provisions described in ing the general enrollment period—October of this section, an individual may not be § 405.224, begins on the first day of the through December 1967 or during the first 2 months of the 1969 general enrollment— a member of a coverage group for any sixth month after the month in which he i.e., October 1969 and November 1969. Even month in which he is entitled to monthly so enrolls. though the 1969 general enrollment period benefits under title n of the Social Se­ (b) Enrollment during initial enroll­ runs through December of 1969, the indi­ curity Act or entitled to receive an ment period; first eligibility in March vidual cannot enroU after November 1969, annuity or pension under the Railroad 1966. (1) The coverage period of an in­ the end of the 3-year period after the close Retirement Act of 1937 (without regard dividual who first meets the eligibility of his initial enrollment period. to the retroactivity of such entitlement) requirements for enrollment during the Example 2: An individual first meets the month of March 1966, and who enrolls requirements for enrollment in June of unless the State so requests before 1968 1968 but fails to enroll during his initial and the agreement provides, or is modi­ before June 1966, begins on July 1, 1966. enrollment period—March through Sep­ fied to provide, that such individual shall (2) The coverage period of an individ­ tember 1968. If he later wishes to enroll, he be a member of a coverage group as dis­ ual who first meets the eligibility re­ must do so within the 3-month period Octo­ cussed in paragraph (b') of this section. quirements for enrollment during March ber through December 1969, the only general No individual shall be a member of a 1966, and who enrolls during the month enrollment period falling within the 3-year coverage group after his coverage period of June 1966, begins on September 1, period after the close of his initial enrollment period. attributable to this agreement has ended, 1966. if such coverage period ended after 1967. (c) Enrollment during initial enroll­ (b) Second enrollment. An Individ­ (d) For purposes of this section, an ment period; first eligibility after March ual whose enrollment finder the supple­ individual is treated as an “eligible in­ 1966. The coverage period of an in­ mentary medical insurance plan has dividual” only if he meets the require­ dividual who first meets the eligibility terminated (see § 405.223) may reenroll ments set forth in § 405.205 on the date requirements for enrollment after March under the supplementary medical in­ an agreement covering him is entered 1966, and who enrolls during his initial surance plan provided that such re­ into under paragraph (a) of this sec­ enrollment period, begins on whichever enrollment occurs within a general en­ tion (or in the case of Social Security Act is later, July 1, 1966, or the 1st day of: rollment period which begins within 3 or Railroad Retirement Act beneficiaries (1) The month in which the eligibility years after the effective date of the covered by virtue of a modification, as requirements are first met, if he enrolls termination of his prior enrollment. of the date the modification is entered during the three preceding months; (2) The month following the month m ^ a!nple 1: An individual notified the Ad- into) or he meets such requirements at in which the eligibility requirements axe pn“!-n ation in writing during the general any time after such date and before 1968. that ^ ent P^ind beginning October 1, 1969, first met, if he enrolls in the month such th- “e no longer wished to participate in (e) For purposes of this section, an requirements are first met; and ^Ppi6mentary medical insurance plan individual is treated as receiving money (3) The third month following the „ids enrollment terminated on De- payments described in paragraph (b) of month in which the eligibility require­ 1969, he wishes to reenroll this section if he receives such payments ments are first met, if he enrolls in the mile* !re suPPiementary insurance plan, he month following the month in which thmiioK0»^80 ^dtbin the period October for the month in which the agreement is such requirements are first met; enroll™ I?eceinber 1971, the only general entered into (or in the case of Social after Pei'i°d beginning within 3 years (4) The fifth month following the enrollmenttennination date of his prior Security Act or Railroad Retirement Act month in which the eligibility require­ beneficiaries covered by virtue of a modi­ ments are first met, if he enrolls in the 2; An individual’s enrollment fication, for the month the modification second month following the month in mentor on October 31, 1968, for nonpay- is entered into) or for any month occur­ which such requirements are first met; enroll nr,H^re^ iUlns' K he wishes to re- , (5) The sixth month following the suranne ro suPPienientary medical in- ring thereafter and before 1968. month in which the eligibility require­ eral em-nii^1’ ^6 must do 80 within the gen- § 405.220 Coverage period; general. ments are first met, if he enrolls in the becember periPds of October through ber ] tv96* ’ or October through Decem- third month following the month such 197 Payment is made under the supple­ requirements are first met. beginnmK\^ ti £ f eneral enrollment periods mentary medical insurance plan only for Won 3 years after the termina- Example: An. individual first meets the aate of bis prior enrollment. covered expenses incurred during an in­ eligibility requirements for enrollment in wienL on nunt^er of enroll- dividual’s “coverage period.” An in­ April of 1967. Therefore, his Initial enroll­ dividual’s coverage period begins and ment period runs from January through July supplement 0 1 1 6 may 6 1 1 1 0 1 1 under the 1967. Depending upon the month in which « £ ? B ? S « * * * plan ends as described in §§ 405.221 through he enrolls, his coverage period, will begin as 405.223. follows:

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 9582 RULES AND REGULATIONS

E n ro lls in — Coverage period begins (see § 405.213) that he no longer wishes filed notice that he wishes to terminate Initial enrollment on — to participate in the supplementary his supplementary medical insurance period: medical insurance plan. In such case, coverage, as provided in paragraphs (a) (1) January_____ Apr. 1 (month eligibility his coverage period terminates effective and (b) of this section. An individual require ments first who is enrolled under a State agreement m et). with the close of the year in which the (2) February Do. notice of nonparticipation is submitted but who ceases to be a member of the (3) March______Do. to the Administration. coverage group before his coverage be­ (4) April______May 1 (month following (2) An individual entitled to monthly gins is also deemed to have so enrolled month eligibility re­ benefits under title II of the Act or to and his coverage as an individual be­ quirements first met) . an annuity or pension under the Rail­ gins on the date his coverage under the (5) May^______July 1 (third month road Retirement Act of 1937, whose cov­ agreement would have begun had he following month eligi- continued in the coverage group. b i 1 i t y requirements erage attributable to a Federal-State first met). agreement containing the provisions de­ § 405.224 Good cause for failure to en­ (6) June______Sept. 1 (fifth month fol­ scribed in § 405.217(c) is terminated or roll during the initial enrollment pe­ lowing month eligibil­ who ceases to be a member of the cover­ riod ending May 31, 1966. ity requirements first age group before his coverage under such m et). agreement begins, may, by filing written An individual who first meets the (7) Ju ly ______- Oct. 1 (sixth month fol­ notice with the Administration before eligibility requirements for enrollment lowing month eligibil­ the 1st day of the fourth month which prior to March 1, 1966, and who fails to ity requirements first enroll during the initial enrollment m et). begins after the date of such termination, terminate his enrollment under the sup­ period ending May 31, 1966, may enroll (d) Enrollment during general enroll­plementary medical insurance plan. In at any time before October 1966 if such ment period. The coverage period of an such case, his coverage period is termi­ individual, or his representative, es­ individual who, after failing to enroll nated effective with the last day of the tablishes to the satisfaction of the Ad­ during his initial enrollment period, en­ third month which begins after the date ministration that “good cause” exists be­ rolls during a subsequent general enroll­ his coverage period under a Federal- cause such failure was due to: ment period (i.e., the period October State. agreement is terminated. (a) Circumstances beyond the individ­ through December of each odd-numbered (b) Nonpayment of premiums. En­ ual’s control, such as extended illness, year beginning with 1967—see § 405.213) rollment under the supplementary medi-_ mental or physical impairment, com­ begins on July 1 of the year following cal insurance plan shall be terminated munication difficulties; the year in which he enrolls. because of nonpayment of premiums. (b) Incorrect or incomplete informa­ (c) Enrollees pursuant to State agree­ tion furnished by official sources to the § 405.222 Coverage period beginning ments. In the case of an individual en­ individual or another person acting on date; individuals enrolled under rolled pursuant to a Federal-State agree­ his behalf; State agreements. ment (see § 405.217), the coverage peri­ (c) Difficulty encountered by the in­ In the case of any individual enrolled od attributable to the agreement ends dividual in obtaining, within a reasonable pursuant to an agreement with a State (subject to the provisions of paragraph time before the end of the initial enroll­ under the provisions set forth in § 405.- (d) of this section) on whichever of the ment period, an enrollment form and in­ 217, his coverage period begins on which­ following first occurs: formation about supplementary medical ever of the following is the latest: (1) The last day of the month in insurance and the manner and time (a) July!, 1966; which he becomes ineligible (as deter­ limit in which enrollments may be made; (b) The 1st day of the third month mined by the State) for money payments (d) Bona fide unawareness or misun­ following the month in which the State of a kind specified in the agreement; or derstanding of the need to enroll within agreement is entered into (or in the case (2) The last day of the month preced­ the prescribed time period or of the na­ of Social Security Act or Railroad Re­ ing the first month in which he becomes ture of coverage under this Subpart B; or tirement Act beneficiaries covered- by entitled to monthly benefits under title (e) Other circumstances (as a result virtue of a modification described in II of the Act (see Subpart D of Part 404) of which the individual was deterred § 405.217(c), as of the 1st day of the or to an annuity or pension under the from enrolling) in the light of which it third month following the month the Railroad Retirement Act of 1937 without would be clearly inequitable to deny him modification is entered into); regard to the retroactivity of such en­ a second chance to enroll. (c) The 1st day of the first month in titlement; or § 405.230 Supplementary medical in­ which he is both an eligible individual (3) The last day of the month in which surance benefits. (§ 405.205) and a member of a coverage the State agreement is terminated; or group that is specified in such agree­ (4) The last day of the month in which (a) Benefits provided. Any individual ment, but without regard to any coverage he dies. who is enrolled under the supplementary period terminated prior to 1968; or (d) Continuation of enrollees coverage medical insurance plan established by (d) Such date as may be specified in period pursuant to State agreements. title X Vm of the Act is, subject to tne the agreement, or, where the individual Notwithstanding paragraph (c) of this limitations and conditions described i is covered by virtue of the modification section: this Part 405, entitled to have: described in § 405.217(c), as may be (1) An individual’s coverage period (1) Payment made to him, or on m specified in the modification. attributable to a Federal-State agree­ behalf, for physicians’ services; (e) Notwithstanding the provisions of ment shall not end when he becomes en­ (2) Payment made to him, or on m paragraph (d) of this section; the cov­ titled to monthly benefits under title II behalf, for medical and other hea _ erage period of an individual so enrolled of the Act or to an annuity or pension services (see § 405.231) fu rn ish ed shall not begin later than January 1, under the Railroad Retirement Act of other than a provider of services; 1968. 1937, if such agreement provides for the (3) Payment made on his behalf inclusion of individuals entitled to such medical and ether health services _ § 405.223 Coverage period; manner and benefits in the coverage group (see § 405.231) furnished to him by a time o f termination. § 405.217(c)). vider of services (or furnished by_ °J; An individual’s coverage period con­ (2) If an individual’s coverage pursu­ under an arrangement made with i tinues until such time as his enrollment ant to enrollment under a State agree­ by a provider of services); and is terminated. Enrollment, and the cov­ ment is terminated under the provisions (4) Payment made on his Ireha f erage period, may be terminated only as of paragraph (c) of this section, such home health services (see § _ described in this section: individual is deemed to have enrolled up to 100 visits (as discussed in s (a) Individual requests termination. for supplementary medical insurance 238) during a calendar year. , (1) An individual may, except as pro­ benefits in the initial enrollment period (b) Reimbursable expenses, in oi vided in subparagraph (2) of this para­ described in § 405.212(b) and his cover­ to be considered incurred expenses, graph, notify the Administration in writ­ age period continues until terminated for penses for physicians’ services an ing, during a general enrollment period his failure to pay premiums or by timely other medical and health servic

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 RULES AND REGULATIONS 9583 ered under the supplementary medi­ care services, or home health services through the home health agency (see cal insurance plan must be for services (see §§ 405.233 through 405.237), it is not Subpart L of this Part 405); and furnished to an individual during his considered as a medical or other health (2) Involve the use of equipment or coverage period. (See § § 405.221 through service for purposes of § 405.230(a) (2) services which cannot readily be made 405.223). or (3). available to the individual in a place of § 405.231 Medical and other health (b) Diagnostic laboratory tests. For residence used as his home, or cannot be services; included items and services. purposes of § 405.231(d), diagnostic tests supplied to him there. are not considered as “medical or other Subject to the exclusions set forth in health services” if performed in a labora­ § 405.236 Home health services; items § 405.232, the term “medical and other tory which is independent of a physi­ and services included. health services” means the following cian’s office or a hospital, unless such Subject to the provisions described in items or services: laboratory meets the requirements as set § 405.237, “home health services” means (a) ' Physicians’ services; forth in subpart M of this part 405. the following items and services fur­ (b) Services and supplies, including (c) Drugs and biologicals. For pur­ nished to an individual in accordance drugs and biologicals which cannot be poses of § 405.230(a) (1), (2), or (3), with §§ 405.234 and 405.235: self-administered, furnished as an inci­ drugs and biologicals which can be self- (a) Part-time or intermittent nurs­ dent to a physician’s professional service, administered are excluded from the term ing care provided by or under the super­ and of kinds which are commonly fur­ “medical and other health services” vision of a registered professional nurse; nished in a physician’s office and are whether such drugs and biologicals are (b) Physical, occupational or speech commonly either rendered without furnished by a physician, a provider of therapy; charge, or included in the physician’s services, or other than a provider of (c) Medical social services provided bill; services. / (c) Hospital services (including drugs under the direction of a physician; and biologicals which cannot be self- § 405.233 Home health services; gen­ (d) Part-time or intermittent services administered) incident to physicians’ eral. of a home health aide but only if the services rendered to outpatients; Home health service benefits are pro­ duties of the home health aide are com­ (d) Diagnostic X-r§y tests, diagnostic vided under both the supplementary parable to the duties of a nurse’s aide in laboratory tests, and other diagnostic medical insurance plan described in this a hospital (e.g., giving bed baths to an ill tests; Subpart B and the hospital insurance or bedfast patient); (e) X-ray therapy, radium therapy, benefits plan described in part A of title (e) Medical supplieá (other than and radioactive isotope therapy (includ­ XVIII of the Act. Home health services drugs and biologicals) and the use of ing materials and services of technicians qualify for payment under the supple­ medical appliances while under the plan administering such therapies); mentary medical insurance plan even described in § 405.234(c); and eyes, in- (unless excluded under § 405.237) if such sional Education of the American Os­ nf Qlnfv,replacements if required because items and services are furnished: teopathic Association in the case of an (a) To an individual who is under the osteopathic hospital, or the Council on conditioned**1 the Patient’s care of a physician; Dental Education of the American of (i L ^ bula,nce services where the use (b) By a home health agency (see Dental Association in the case of serv­ contra hfri .Methods of transportation is Subpart L of this Part 405) or by others ices in a hospital or osteopathic hospital ditionhiiCatfd .ry th(r individual’s con- under arrangements with them made by performed by an intern or resident-in­ transnovti.?^ i individual is being such agency; training in the field of dentistry. > Dental a iS riS f° nearest hospital with (c) Under a plan designed for such in­ services in connection with the care, sSe K in ffacU5ties. or to °ne in the dividual, established by a physician and treatment, filling, removal or replace­ tions frnnwT’ aild ^nder similar restric- periodically reviewed by a physician; and ment of teeth (or structures directly home mtone hospital to another, to his (d) At a place as described in supporting teeth) are excluded from “Locaii?i>to an extended care facility. § 405.235. coverage. However, services including ^cogranhi/»1?^ ? the servlce area in the § 405.235 Home health services; place post-operative care with respect to sur­ s h S o n 5 sum'ounding the in- where items and services must be gery related to the jaw (or any structure mally comPr^? which individuals nor- furnished. contiguous to the jaw) or services with medlcai services.1^ eXpected to come for respect to any fracture of the jaw or To be considered “ home health serv­ facial bone are covered home health ices,” items and services described in services if performed by an intern or § 4058fi^iCesM e d ,ic a .1 and other health services; exclusions. § 405.236 must be: resident-in-training. Furnished on a visiting basis to* (g) Any of the items or services in sectio^iftRo^the general exclusions the individual in a place of residence described in paragraphs (a) through (f) iteS S i ^ i he * ct’ the following used as his home (e.g., his own home, a of this section which are furnished on the term a ,r e a *so excluded from relative’s home, a boardinghouse, or an an outpatient basis at a hospital, ex­ services”: medlcal and other health old-age home); or tended care facility, or rehabilitation (b) Provided on an outpatient basis hospital services or out- center under an arrangement with such at a hospital or extended care facility, or institution made by the home health tended carJ*!.« diagnostic services; ex- at a rehabilitation center if such items or services: agency even though such services could ices. If a ® T ^ Ces; 1um e health serv- have been provided to him in his home, m § 405.231 or service described (1) Are furnished under arrange­ provided that such services are furnished ^Patient hosnitei^ otherwise constitute ments made by a home health agency at the same tune that items or services hospital d ia ^ r ,LServices or outpatient and such arrangements provide that the diagnostic services, extended which could not be readily available to costs for such services are to be billed him in his home are furnished to hi™

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 8584 RULES AND REGULATIONS

§ 405.237 Home health services; items under arrangements made by) a home balance. The remaining 80 percent is pay­ and services not included. health agency; and able under this Subpart B. (d) 80 percent of the deductible im­ (a) Items and services not considered posed under the hospital insurance bene­ Total covered Mr. X ’s pay­ Payable under as inpatient hospital services. Notwith­ fits plan for outpatient hospital diagnos­ expenses ment Subpart B standing the provisions set forth in tic services. § 405.236, no item or service listed in $312.50 8 $687.50 § 405.236 is includable as a “home health Example: "Mr. Z Incurred expenses covered — >$50.00 > 50.00 under the hospital insurance benefits plan of service” if the item or service would not $262.50 8 52. 60 <$210 be included as an inpatient hospital $75 for an outpatient hospital diagnostic study for which he paid the $20 outpatient service under part A of title XV111 of the hospital deductible. The diagnostic study 1 Deductible. Act, if furnished to a hospital inpatient. 9 In excess of $312.50. was followed by a series of visits to his phy­ 8 20 percent. (b) Transportation services. Trans­ sician’s office for which Mr. Z incurred ex­ * 80 percent. portation services, whether by ambulance penses, covered under the supplementary If Mr. X had previously met the $50 de­ or other means, required to take a home- medical insurance plan, amounting, to $100. ductible requirement for treatment of other bound individual to a hospital, extended AU of Mr. Z’s medical expenses were incurred than a mental disorder as a private patient care facility, rehabilitation center, or during 1 calendar year. Since the amount of an outpatient hospital diagnostic study during the calendar year, or met the $50 other place, in order to furnish him with deductible in a year is counted in determin­ deductible requirement due to the provisions items and services which cannot be sup­ ing total expenses incurred during a year for of § 405.245(b), the amount of $250.00 would plied to him in his home, are not includ­ purposes of determining supplementary med­ be payable under this Subpart B (80 percent able as a “home health service,” even ical insuranceJaenefits for that year, Mr. Z’s of $312.50). though the services provided at such hos­ total incurred expenses for supplementary pital, etc., are included as a home health medical insurance benefits came to $120 for Total covered Mr. X ’s pay- Payable under service. the year ($100 covered expenses plus the $20 expenses ment subpart B (c) Housekeeping services. The serv­ outpatient deductible). The supplementary medical insurance plan will pay $56 (80 per­ $312.50 » $687.50 ices of housekeepers or food service ar­ cent of $70—$120 incurred expenses minus 9 62. 50 8 $250 rangements such as those of “meals-on- the $50 deductible) toward Mr. Z’s doctor wheels” programs are not includable as bills. 1 In excess of $312.50. “home health services.” 9 20 percent. § 405.241 Payment of supplementary 8 80 percent. § 405.238 Home health services; “visits” medical insurance benefits; election defined. § 405.244 Total amount of expenses; by group-practice prepayment plan expenses excluded.' For purposes of determining the 100- as to method of determining amount visit home health services limitation spe­ o f payment. To the extent that an individual is en­ cified in § 405.230(a) (4), one “visit” is titled (or would be entitled except for Notwithstanding the provisions of application of the deductible or co- charged each time a “home health serv­ § 405.240(a), payment to a group-prac­ ic e ”' is furnished to the individual by insurance amounts (other than the out­ tice prepayment plan (see Subpart R) patient hospital diagnostic deductible) home health agency personnel (or by which has furnished (or arranged for the personnel furnishing “home health serv­ described in section 1813 of the Act) to availability of) items and services quali­ have payment made under the provisions ices” under an arrangement with them fying as medical and other health serv­ made by a home health agency). For contained in section 1815 of the Act with ices, may be made on the basis of the rea­ respect to services furnished to him, no example, since one “visit” is charged each sonable cost of such services rather than time a therapist goes to an individual’s payment may be made under the pro­ on the basis of reasonable charges, even visions described in this Subpart B with home to furnish therapy, if the individ­ though such organization is other than a ual is visited during the same day by both respect to such services and the costs or provider of services, if the group-prac­ charges for such services are not con­ a speech therapist and a visiting nurse tice prepayment plan elects to have pay­ (or is provided with the same home sidered as incurred expenses for purposes ment made on a reasonable cost basis of §§ 405.240 and 405.245. health service twice in the same day), and agrees to charge the individuals to two “visits” are charged. Similarly, if an whom the services were provided not § 405.245 The supplementary medical individual is taken to a hospital to re­ more than the amount of any unpaid an­ insurance benefits deductible. ceive outpatient therapy that could not nual deductible (see § 405.245), if any, The total amount of expenses incurred be furnished in his own home (e.g., hy­ plus 20 percent of the difference between by an individual during a calendar year is drotherapy) and, while at the hospital the deductible and the reasonable cost. receives speech therapy and other serv­ reduced, prior to applying the payment ices, all of which qualify as home health § 405.243 Total amount of expenses in­ percentages in § 405.240 (b) and (c), »7 curred; treatment of mental psycho­ services under § 405.236 (g) and (h), two in') (tKA • lpcc or more “visits” are charged. neurotic and personality disorders. Notwithstanding any other provision (b) The amount of any expenses in­ § 405.240 Payment of supplementary of this Subpart B, with respect to ex­ curred by such individual in the las medical insurance benefits; amounts penses incurred in any calendar year in months of the preceding calendar y payable. (or regarded as incurred in such P connection with the treatment of mental, ceding year with respect to services i In the case of an individual who incurs psychoneurotic, and personality dis­ nished in such last 3 months) ana P expenses during his coverage period un­ orders of an individual who is not an in­ plied toward such individual’s deduc der the supplementary medical insurance patient of a hospital at the time such under this section for such prece plan, payment shall be made for a por­ expenses are incurred, only the lesser of tion of the total amount of expenses in­ the following amounts is considered as curred during a calendar year (less the incurred expenses, for purposes of Example: During 1967 Jones *ncu?fef1 :penses -of $350 for covered medical applicable medical insurance deductible §§ 405.240 and 405.245: ¡her health services furnished to (see § 405.245)) as follows: (a) $312.50; or rdinarily, a deductible of $50 woul . Je (a) 80 percent of the reasonable (b) 62 Yz percent of such expenses. >sed in determining the amountp Y ce charges for medical and health services Example: Mr. X’s only medical expenses ader the supplementary medical i furnished by other than a provider of during the calendar year amounted to $1,000 an. However, during November « 8 services; for treatment received for a mental disorder r. Jones had incurred expenses of 9> g (b) 80 percent of the reasonable cost as a private patient. The statutory limit for >vered medical and other health ltaj any calendar year on the amount of these ex­ id had also paid a $20 outpatient hosP ^ for medical and other health services penses that is covered under this Subpart ¡agnostic deductible for services ,all furnished by (or under arrangements B is $312.50 ($312.50 being lesser in amount ader the hospital insurance ^ ^ a tien t made by) providers of services; than 62% percent of the total expenses of oth the $25 expense and the $20 ou P (c) 80 percent of the reasonable cost $1,000). Mr. X is required to meet the first Dspital diagnostic services deductible of home health services furnished by (or $50, as a deductible, and 20 percent of the jen counted in determining his

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966 RULES AND REGULATIONS 9585 mentary medical insurance benefits deduct­ such services, under the following cir­ ible for 1966. Since any expenses incurred § 405.252 Conditions prohibiting pay­ in the last quarter of the prior calendar year, cumstances: m e n t o f b e n e fits. and applied toward the supplementary (a) Payment to the individual for ex­ In addition to any other limitation, medical insurance benefits deductible for penses incurred and paid for. Payment condition, or exclusion in these regula­ such year, can be carried over to the follow­ may be made to an individual who in­ tions, payment of supplementary medi­ ing year and applied toward the deductible, curred expenses for medical and other Mr. Jones’ 1967 supplementary medical in­ health services furnished him by other cal insurance benefits may not be made surance benefits deductible is only $5 ($50— than a provider of services if: under the following circumstances: $45). (1) He files a Written request for pay­ (a) No payment unless information ment; furnished. No payment may be made § 405.250 Procedures for payment; med­ to any person, organization or to any ical and other health services fur­ (2) A receipted bill is submitted which provider of services unless the informa­ nished by provider; home health shows in detail the services provided, and services. that payment has been made for such tion necessary to determine the amount services; due has been furnished. Payment for medical and other health (b) Federal provider; Federal agency. services (see §§ 405.230(a) (3), 405.231, (3) The items or services furnished No payment may be made to any Federal and 405.232), and for home health serv­ such individual are “medical and other provider of services or other Federal ices (see §§ 405.230(a) (4), 405.233 health services” (see §§ 405.231 and 405.- 232) for which payment may be made agency, except a provider of services through 405.236), furnished by a pro­ which may be determined by the Secre­ vider of services is made to such provider under the provisions set forth in § 405.- 230(a) (1) and (2). tary to be providing services to the pub­ only if: lic generally as a community institution (a) A written request is filed by or on (b) Payment to the person who fur­ nished the services. Payment in the or agency. behalf of the individual to whom the (c) Services furnished at public ex­ services were furnished, to have such amount determined in accordance with § 405.240 may be made to a person (or pense. No payment may be made to payment made ; and any provider of services or other person (b) A physician certifies, and recerti­ organization) other than a provider of services who furnishes an enrolled in­ or organization for any item or service fies when required, that: which such provider, person or orga­ (1) In the case of medical and other dividual medical and other health serv­ ices for which payment may be made un­ nization is obligated by a law of, or con­ health services, such services were medi­ tract with, the United States to render cally required; or der the provisions set forth in §§ 405.230 (a) (1) and (2), 405.231, and 405.232, if: at public expense^ (2) In the case of home health serv­ (d) Alien is outside the United States ices: (1) The individual who was furnished the services executes an assignment of for 6 full calendar months. No payment (i) such services were required be­ may be made under this subpart B with cause the individual was confined to his benefits to the person or organization which furnished the services; respect to items or services furnished home (except when receiving items and to an individual who is not a citizen or services referred to in § 405.236(g)) and (2) The assignment is properly filed; (3) The items or services furnished national of the United States in any needed skilled nursing care on an inter­ month for which monthly benefits are mittent basis, or physical of speech are “medical and other health services” for which payment may be made under hot being paid to such individual (or therapy, as the case may be; and would not be paidf if he were entitled (ii) a plan for furnishing such services § 405.230(a) (1) and (2) in an amount as determined under the provisions of to such benefits) under certain circum­ to the individual has been established, stances because he has been outside the and is periodically reviewed, by a physi­ § 405.240; and cian; and (4) The person or organization to United States throughout 6 full calendar whom such assignment has been made: months, until, and beginning with, the (iii) such services were furnished first full calendar month such individual while the individual was under the care (i) Agrees to accept the individual’s oi a physician. assignment of the right to receive pay­ has been back in the United States. ment for such services; Dated: June 22, 1966. §405.251 Procedures for p aym en t; (ii) Agrees that the reasonable charge medical and other health services for such services shall be the full charge [ s e a l ] R o b er t M . B a l l , furnished by other than a provider. for such services; and Commissioner of Social Security. Payment for medical and other health (iii) Agrees to charge the individual Approved: July 5, 1966. rvices furnished by other than a pro- not more than the amount of any unpaid W il b u r J . C o h e n , services

FEDERAL REGISTER, VOL. 31, NO. 135— THURSDAY, JULY 14, 1966