Pages 11881-11950 FEDERAL^ REGISTER 1 934 ¿ f r VOLUME 29 ^A /ITEO ^ NUMBER 163 Washington, Thursday, August 20, 1964 Contents THE PRESIDENT ATOMIC ENERGY COMMISSION FEDERAL POWER COMMISSION Notices Notices PROCLAMATION State of Kansas; proposed agree Hearings, etc.: See the United States in 1964 ment for assumption of certain Alabama Power Co ______11936 and 1965______11883 AEC regulatory authority_____ 11929 Pleasants, Mary Francis, et al 11936 Southern California Edison Co. and Desert Electric Corp., Inc. 11941 EXECUTIVE ORDERS CIVIL AERONAUTICS BOARD Canal Zone Merit System and reg Proposed Rule Making FISH AND WILDLIFE SERVICE ulations relating to conditions Uniform system of accounts and Rules and Regulations of employment in Canal Zone_11897 reports for certificated air car Disputes between carriers repre Hunting big game in certain wild- . riers; accounting for investment life refuge areas: sented by National Railway tax credits ______11926 Labor Conference and certain of Chincoteague, Virginia------11921 their employees; creation of Clear Lake, California______11920 emergency investigative boards COMMERCE DEPARTMENT Necedah, Wisconsin______11920 (3 documents)___ 11885,11889,11893 Ouray, Utah______11921 See International Commerce San Andres, New Mexico______11921 Bureau; Maritime Administra tion. FOOD AND DRUG EXECUTIVE AGENCIES ADMINISTRATION AGRICULTURAL MARKETING DEFENSE DEPARTMENT Rules and Regulations SERVICE Rules and Regulations Food additives; tylosin------11917 Alcoholic beverage control______11917 Proposed Rule Making Proposed Rule Making Grapes, tokay, in San Joaquin Cereal flours and related products; FEDERAL AVIATION AGENCY extension of time for com Valley, Calif.; expenses and as ments______11926 sessment rates, 1964-65______11925 Rules and Regulations Notices Airworthiness directives: B.F. Goodrich Co.; filing of peti AGRICULTURAL RESEARCH Boeing Models 720 and 720B tion regarding food additives_11935 SERVICE Series aircraft______11915 Vickers Viscount Model 810 HEALTH, EDUCATION, AND Rules and Regulations Series aircraft______11916 Imports and exports; overtime at Federal airways; alteration; cor WELFARE DEPARTMENT border ports, seaports and air rection______11914 See Food and Drug Administra ports (2 documents)____ 11901,11914 Jet routes; alterations (2 docu tion. ments)------11915 Jet routes and jet advisory areas; HOUSING AND HOME AGRICULTURAL STABILIZATION designation; correction______11915 FINANCE AGENCY AND CONSERVATION SERVICE Jet routes and reporting points; alteration______11915 Notices Rules and Regulations Deputy Urban Renewal Commis Proposed Rule Making Rice marketing quota, 1964 and sioner; redelegation of au subsequent crops______11901 Federal airways; realignment___ 11926 thority______11941 Sugar beets; wage rates______Transition area; alteration_____ 11927 11913 INDIAN AFFAIRS BUREAU Proposed Rule Making AGRICULTURE d e p a r t m e n t FEDERAL MARITIME Membership roll of Ponca Tribe of See also Agricultural Marketing COMMISSION native Americans of Nebraska_11925 oemce; Agricultural Research Notices service; Agricultural Stabiliza- INTERIOR DEPARTMENT Agreements filed for approval: won and Conservation Service. See Fish and Wildlife Service; Notices Atlantic and Gulf/West Coast of South America Conference. 11935 Indian Affairs Bureau; Land îienb^askf' et al.; designation of Italy/U.S. North Atlantic Management Bureau. areas for emergency loans_____ 11934 Freight Pool______r______11936 (Continued on next page) 11881 11882 CONTENTS
INTERNAL REVENUE SERVICE LABOR DEPARTMENT RAILROAD RETIREMENT BOARD Proposed Rule Making See Wage and Hour Division. Rules and Regulations Floor stocks refunds or credits___ 11923 Employees’ benefits; miscellane ous amendments______ngjg INTERNATIONAL COMMERCE LAND MANAGEMENT BUREAU BUREAU Rules and Regulations SECURITIES AND EXCHANGE Notices Public land orders: COMMISSION Société Industrielle et Commerci Alaska; withdrawal for preser Notices ale de Pieces Detachees; order vation of historical and rec reational values; Lake Louise Hearings, etc.: denying export privileges for in American Natural Gas Co____ 11941 definite period______11934' area______... ______11918 California; withdrawal for For McDonnell Aircraft Corp. and Harris-Intertype Corp_____ 11942 INTERSTATE COMMERCE est Service administrative sites and recreation area__ 11918 Pennsylvania Electric Co_____ 11942 COMMISSION Florida; withdrawal for Forest Rules and Regulations Service recreation areas____ 11918 SMALL BUSINESS New Mexico; withdrawal for ADMINISTRATION Freight rate tariffs, schedules and water pumping and distribu classifications; released rates on Proposed Rule Making household goods tion systems, Holloman Air ------11921 Force Base______11920 Marine cargo handling industry; Proposed Rule Making Oregon; revocation of Executive definition as small business___ 11927 Motor common carriers of house order______11920 hold goods; accessorial and Notices STATE DEPARTMENT terminal services------— 11927 Nevada; delegation of authority.- 11932 Notices Notices Proposed withdrawal and reserva- Tunisia; validity of passports__ 11934 Fourth section applications for tion of lands: relief______11948 Idaho. ______11932 TREASURY DEPARTMENT Motor carrier; Montana______11932 A ltern a te route deviation Oregon______11932 See Internal Revenue Service. notices------11943 Utah (3 documents)____ 11932,11933 Grandfather certificate of regis WAGE AND HOUR DIVISION tration______— 11943 Notices Intrastate applications------.*— 11946 MARITIME ADMINISTRATION Transfer proceedings------11948 Certificates authorizing employ Motor contract carrier operations; Notices ment of students working out definition and conversion------11948 Moore-McCormack Lines, Inc.; side school hours in retail or New England Territory; increased application for approval of cer service establishments at special rates ______-— 11946 tain cruises______11935 minimum rates______11942 Codification Guide The following numerical guide is a list ol the parts oi each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. . . A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1. 1964, and specifies how they are affected.
3 CFR 14 CFR 26 CFR E xecutive O rders: 71 [New] (2 documents)— 11914,11915 P roposed R u les: 4121 (revoked by PLO 3433)------11920 75 [New! (4 documents)------11915 48.______11923 10794 (superseded by E.0 .11171) — 11897 507 (2 documents)______11915,11916 11168 ______^______11885 P roposed R u l es: 32 CFR 11169 ______11889 71 [New] (2 documents)_ 11926,11927 261______11917 11170 ------11893 241______*______11926 11171 ______11897 43 CFR P roclamation: 20 CFR 3607______11883 P ublic Land O rders: 11920 222______!______11916 3433 ______11920 7 CFR 225______H916 3434 ______11918 354______11901 237______11916 3435 __I------11918 730______11901 3436 ------11918 3437 ______862______11913 21 CFR P roposed R u les: 121___ 11917 49 CFR 926______11925 11921 P roposed R u les: 187______9 CFR 15______11926 P roposed R u l es: 11927 97...... 11914 176______13 CFR 25 CFR 50 CFR P roposed R u les: P roposed R u les: 11920,11021 121...... 11927 43a------11925 32 (5 documents) Presidential Documents Title 3— THE PRESIDENT Proclamation 3607 SEE THE UNITED STATES IN 1964 AND 1965 By the President of the United States of America A Proclamation WHEREAS the United States of America, its territories and possessions, and the Commonwealth of Puerto Rico contain many sites of historic significance and scenic grandeur; and WHEREAS an appreciation for and understanding of this country is heightened by a keener awareness of its historic places and re markable beauties; and WHEREAS the Federal Government and the States have developed vast areas of recreational facilities to serve our people; and WHEREAS the Congress, by a joint resolution approved August 11, 1964, has requested the President to issue a proclamation designating the years 1964 and 1965 as a period to see the United States: NOW, THEREFORE, I, LYNDON B. JOHNSON, President .of the United States of America, do hereby designate the years 1964 and 1965 as a period in which all persons aré especially invited to see the United States. I urge our own citizens, and all other people, to visit our historic shrines and our natural wonders during this period, and to explore and enjoy our great recreational areas and facilities. I invite private industrv and interested private organizations during this period to encourage both American citizens and citizens of other countries to explore, use, and enjoy the scenic, historical, and recrea tional areas and facilities throughout the United States of America, its territories and possessions, and the Commonwealth of Puerto Rico. 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 fifteenth day of August in the year of our Lord nineteen hundred and sixty-four, and [ s e a l ] of the Independence of the United States of America the one hundred and eighty-ninth. ' . L tndon B. J ohnson By the President: D ean R usk, Secretary of State. [F.R. Doc. 64-8490; Filed, Aug. 18,1964; 2 :16 p.m.]
Thursday, August 20, 1964 FEDERAL REGISTER 11885
Executive Order 11168 CREATING AN EMERGENCY BOARD TO INVESTIGATE DISPUTES BE TWEEN THE CARRIERS REPRESENTED BY THE NATIONAL RAILWAY LABOR CONFERENCE AND CERTAIN OF THEIR EMPLOYEES W HEREAS disputes exist between the carriers represented by the National Railway Labor Conference, designated in List A attached hereto and made a part hereof, and certain of their employees rep resented by the Eleven Cooperating Railway Labor Organizations, labor organizations, designated in List B attached hereto and made a part hereof; and W HEREAS these disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and W HEREAS these disputes, in the judgment of the National Media tion Board, threaten substantially to interrupt interstate commerce to a degree such as to deprive the country of essential transportation service: NOW, THEREFORE, by virtue of the authority vested in me by Section 10 of the Railway Labor Act, as amended (45 TJ.S.C. 160), I hereby create a board, to be appointed by me, to investigate these disputés. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. \ The board shall report its findings to the President with respect to the disputes within thirty days from the date of this order. As provided by Section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the carriers represented by the National Railway Labor Conference, or by their employees, in the conditions out of which the disputes arose. L yndon B. J ohnson T he W hite H ouse, August 18, 1961^. List A EASTERN RAILROADS Akron & Barberton Belt Railroad Company Akron, Canton & Youngstown Railroad Ann-Arbor Railroad Company Baltimore and Ohio Railroad Company Baltimore & Ohio Chicago Terminal Railroad Company Staten Island Rapid Transit Railway Company Strouds Creek and Muddelty Railroad Bangor and Aroostook Railroad Bessemer and Lake Erie Railroad Boston and Maine Railroad Brooklyn Eastern District Terminal Buffalo Creek Railroad Bush Terminal . , / Canadian National Railways Lines in the United States St. Lawrence Region ^ Great Lakes Region Canadian Pacific Railway Company Central Railroad Company of New Jersey New York & Long Branch Railroad Company Central Vermont Railway Chicago Union Station Company Cincinnati Union Terminal Company Dayton Union Railway Company Delaware and Hudson Railroad Corporation Detroit and Toledo Shore Line Railroad Company Detroit Terminal Railroad Detroit, Toledo and Ironton Railroad Company Erie-Lacka wanna Railroad Company Grand Trunk Western Railroad Company Indianapolis Union Railway Company Lehigh and Hudson River Railway Company Lehigh Valley Railroad Long Island Rail Road Company Maine Central Railroad Company Portland Terminal Company Monon Railroad Monongahela Railway Company 11886 THE PRESIDENT Montour Railroad Company Youngstown & Southern Railway Company New York Central System New York Central Railroad Company New York District -v Grand Central Terminal Eastern District Boston & Albany Division Western District Northern District Southern District Indiana Harbor Belt Railroad Company Chicago River & Indiana Railroad Company Pittsburgh & Like Erie Railroad Company Lake Erie & Eastern Railroad Company Cleveland Union Terminals Company Troy Union Railroad Company New York, Chicago & St. Louis Railroad Company New York Dock Railway ♦New York, New Haven & Hartford Railroad Company ♦The Boston Terminal Corporation Union Freight Railroad (Boston) New York Connecting Railroad New York, Susquehanna & Western Railroad Pennsylvania Railroad Company Baltimore & Eastern Railroad Company Pennsylvania-Reading Seashore Lines ~ ^ Pittsburgh & West Virginia Railway Company Pittsburgh, Charters & Youghiogheny Railway Company Railroad Perishable Inspection Agency Reading Company Philadelphia, Reading & Potts. Telegraph Company River Terminal Railway Toledo Terminal Railroad Company Washington Terminal Company Western Maryland Railway Company WESTERN RAILROADS Alton and Southern Railroad Atchison, Topeka & Santa Fe Railway Gulf, Colorado and Santa Fe Railway Panhandle and Santa Fe Railway Bauxite and Northern Railway Belt Railway Company of Chicago Butte, Anacomja and Pacific Railway Camas Prairie Railroad Chicago & Eastern Illinois Railroad Chicago & Illinois Midland Railway Chicago and Illinois Western Railroad Chicago & North Western Railway (including the former C.St.P.MAO., M.&St. L., L.&M., M.I. and Railway Transfer Company of the City of Minneapolis.) Chicago and Western Indiana Railroad Chicago, Burlington & Quincy Railroad Chicago Great Western Railway Chicago, Milwaukee, St. Paul and Pacific Railroad Chicago Produce Terminal Company Chicago, Rock Island and Pacific Railroad Chicago, West Pullman and Southern Railroad Colorado and Southern Railway Colorado and Wyoming Railway Denver and Rio Grande Western Railroad Denver Union Terminal Railway Des Moines Union Railway Duluth, Missabe and Iron Range Railway Duluth Union Depot & Transfer Company . Duluth, Winnipeg & Pacific Railway Elgin, Joliet and Eastern Railway El Paso Union Passenger Depot Company Fort Worth and Denver Railway Galveston, Houston and Henderson Railroad Great Northern Railway Green Bay and Western Railroad Kewaunee, Green Bay and Western Railroad Houston Belt & Terminal Railway Illinois Central Railroad Illinois Northern Railway Illinois Terminal Railroad Joint Texas Division of the C.R.I.&P. Railroad and Fort Worth & Denver Railway Joplin Union Depot Company . Kansas City Southern Railway 1 Arkansas Western Railway r ^ - * ~ * Kansas City, Shreveport & Gulf Terminal Company ♦In trusteeship. Any commitment subject to court approval. Thursday, August 20, 1964 FEDERAL REGISTER 11887 Kansas City Terminal Railway Kansas, Oklahoma & Gulf Railway Midland Valley Railroad Oklahoma City-Ada-Atoka Railway King Street Passenger Station (Seattle) Lake Superior & Ishpeming Railroad Lake Superior Terminal & Transfer Railway Los Angeles Junction Railway Louisiana & Arkansas Railway Manufacturers Railway Minneapolis, Northfield & Southern Railway Minnesota and Manitoba Railroad Minnesota Transfer Railway Missouri-Kansas-Texas Railroad Company Beaver, Meade and Englewood Railroad Missouri Pacific Railroad^ Missouri-Illinois Railroad Northern Pacific Railway Northern Pacific Terminal Company of Oregon Northwestern Pacific Railroad Ogden Union Railway and Depot Company Oklahoma City Stock Yards Agency Oregon, California & Eastern Railway Company Pacific Coast Railroad Company Paducah and Illinois Railroad Peabody Short Line Railroad Pehria and Pekin Union Railway Company Port Terminal Railroad Association Pueblo Joint Interchange Bureau St. Joseph Terminal Railroad St. Louis-San Francisco Railway , St. Louis, San Francisco & Texas Railway St Louis Southwestern Railway Saint Paul Union Depot Company San Diego & Arizona Eastern Railway Sioux City Terminal Railway Soo Line Railroad Southern Pacific Company (Pacific Lines) Southern Pacific Company (Texas and Louisiana Lines) Spokane International Railroad Spokane, Portland and Seattle Railway Oregon Trunk Railway Oregon Electric Railway Stock Yards District Agency Terminal Railroad Association of St. Louis Texarkana Union Station Trust Texas and Pacific Railway Abilene and Southern Railway Fort Worth Belt Railway Texas-New Mexico Railway Weatherford, Mineral Wells and Northwestern Railway Texas Mexican Railway Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans Toledo, Peoria & Western Railroad Union Pacific Railroad Union Railway (Memphis) Union Terminal Company (Dallas) Wabash Railroad Walla Walla Valley Railroad Western Pacific Railroad Western Weighing and Inspection Bureau Wichita Terminal Association Wichita Union Terminal Railway Yakima Valley Transportation Company SOUTHEASTERN RAILROADS > Atlanta & West Point Railroad Western Railway of Alabama Atlanta Joint Terminals Atlantic Coast Line Railroad , Chesapeake & Ohio Railway Clinchfield Railroad Georgia Railroad Gulf, Mobile & Ohio Railroad Jacksonville Terminal Kentucky & Indiana Terminal Railway Louisville & Nashville Railroad Norfolk •& Portsmouth Belt Line Norfolk Southern Railway Norfolk & Western Railway Richmond, Fredericksburg & Potomac Railroad Seaboard Air Line Railway 11888 THE PRESIDENT
L ist B International Association of Machinists International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers Sheet Metal Workers’ International Association International Brotherhood of Electrical Workers Brotherhood of Railway Carmen of America International Brotherhood of Firemen, Oilers, Helpers, Roundhouse & Railway Shop Laborers Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express & Station Employes Brotherhood of Maintenance of Way Employes The Order of Railroad Telegraphers Brotherhood Of Railroad Signalmen Hotel & Restaurant Employes & Bartenders’ International Union [F.R. DoC. 64-8498 ; Filed, Aug. 18,1964; 4: 25p.m.] Thursday, August 20, 1964 FEDERAL REGISTER 11889
Executive Order 11169 CREATING AN EMERGENCY BOARD TO INVESTIGATE DISPUTES BE TWEEN THE CARRIERS REPRESENTED BY THE NATIONAL RAILWAY LABOR CONFERENCE AND CERTAIN OF THEIR EMPLOYEES WHEREAS disputes exist between the carriers represented by the National Railway Labor Conference, designated in List A attached hereto and made a part hereof, and certain of their employees rep resented by the Six Cooperating Railway Labor Organizations func tioning through the Railway Employes’ Department, AFL-CIO, labor organizations, designated in the List B attached hereto and made a part hereof; and W HEREAS these disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and WHEREAS these disputes, in the judgment of the National Medi ation Board, threaten substantially to interrupt interstate commerce to a degree siich as to deprive the country of essential transportation service: NOW, THEREFORE, by virtue of the authority vested in me by Section 10 of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a board, to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The board shall report its findings to the President with respect to the disputes within thirty days from the date of this order. As provided by Section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the carriers represented by the National Railway Labor Conference, or by their employees, in the conditions out of which the disputes arose. L yndon B. J ohnson T he W hite H ouse, August 18, 196Ji. L i s t A EASTERN RAILROADS Akron, Canton & Youngstown Railroad Company Ann Arbor Railroad Company Baltimore and Ohio Railroad Company Baltimore & Ohio Chicago Terminal Railroad Company Staten Island Rapid Transit Railway Company Strouds Creek and Muddlety Railroad Bangor and Aroostook Railroad Bessemer and Lake Erie Railroad Boston and Maine Railroad Brooklyn Eastern District Terminal Buffalo Creek Railroad Canadian National Railways Lines in the United State* Great Lakes Region Canadian Pacific Railway Company Central Railroad Company of New Jersey Central Vermont Railway Chicago Union Station Company Cincinnati Union Terminal Company Dayton Union Railway Company Delaware and Hudson Railroad Corporation Detroit and Toledo Shore Line Railroad Company Detroit Terminal Railroad Detroit, Toledo and Ironton Railroad Company Erie-Lackawanna Railroad Company Grand Trunk Western Railroad Company Indianapolis Union Railway Company Lehigh and Hudson River Railway Company Lehigh Valley Railroad Long Island Rail Road Company Maine Central Railroad Company Portland Terminal Company Menon Railroad Monongahela Railway Company Montour Railroad Company
»0.168---- 2 11890 THE PRESIDENT
NEW YORK CENTRAL SYSTEM New York Central Railroad Company New York District Grand Central Terminal Eastern District Boston & Albany Division Western District Northern District Southern District Indiana Harbor Belt Railroad Company Chicago River & Indiana Railroad Company Pittsburgh & Lake Erie Railroad Company Lake Erie & Eastern Railroad Company Cleveland Union Terminals Company New York, Chicago & St. Louis Railroad Company New York Dock Railway ♦New York, New Haven & Hartford Railroad Company New York, Susquehanna & Western Railroad Pennsylvania Railroad Company Pennsylvania-Reading Seashore Lines Pittsburgh & West Virginia Railway Company Reading Company Philadelphia, Reading & Potts. Teleg. Company Toledo Terminal Railroad Company Washington Terminal Company Western Maryland Railway Company WESTEBW RAILROADS Alton and Southern Railroad "Atchison; Topeka & Santa Fe Railway Gulf, Colorado and Santa Fe Railway Panhandle and Santa Fe Railway Belt Railway Company of Chicago Butte, Anaconda and Pacific Railway Camas Prairie Railroad Chicago & Eastern Illinois Railroad Chicago & Illinois Midland Railway Company Chicago and North Western Railway (Including the former CStP&MO, M&StL, L&M, MI and Railway Transfer Company of the City of Minneapolis) Chicago and Western Indiana Railroad Chicago, Burlington & Quincy Railroad Chicago Great Western Railway Chicago, Milwaukee, St. Paul & Pacific Railroad Chicago, Rock Island and Pacific Railroad Chicago, West Pullman and Southern Railroad Colorado and Southern Railway Colorado and Wyoming Railway Denver and Rio Grande Western Railroad Des Moines Union Railway Duluth, Misabe and Iron Range Railway Duluth Union Depot & Transfer Company Duluth, Winnipeg & Pacific Railway Elgin, Joliet and Eastern Railway Fort Worth and Denver Railway Galveston, Houston and Henderson Railroad Great Northern Railway Green Bay and Western Railroad Houston Belt & Terminal Railway Illinois Central Railroad Illinois Northern Railway Illinois Terminal Railroad Joint Texas Division of the CRI&P Railroad and FtW&D Railway Kansas City Southern Railway Kansas City Terminal Railway Kansas, Oklahoma & Gulf Railway Midland Valley Railroad Lake Superior & Ishpeming Railroad Lake Superior Terminal & Transfer Railway Los Angeles Junction Railway Louisiana & Arkansas Railway Manufacturers Railway Minneapolis, Northfield & Southern Railway Minnesota Transfer Railway Missouri-Kansas-Texas Railroad Company Missouri Pacific Railroad Missouri-Illinois Railroad Northern Pacific Railway Northern Pacific Terminal Company of Oregon Northwestern Pacific Railroad Ogden Union Railway and Depot Company ♦In trusteeship. Any commitment subject to court approval. Thursday, August 20, 1964 FEDERAL REGISTER 11891 Peoria and Pekin Union Railway Company Port Terminal Railroad Association Pueblo Joint Interchange Bureau St. Joseph Terminal Railroad St. Louis-San Francisco Railway St. Louis, San Francisco & Texas Railway St. Louis Southwestern Railway Saint Paul Union Depot Company San Diego & Arizona Eastern Railway Sioux City Terminal Railway Soo Line Railroad Southern Pacific Company (Pacific Lines) Southern Pacific Company (Texas and Louisiana lines) Spokane, Portland and Seattle Railway Oregon Trunk Railway Oregon Electric Railway Terminal Railroad Association of St. Louis Texas and Pacific Railway Abilene and Southern Railway Fort Worth Belt Railway Texas-New Mexico Railway Weatherford, Mineral Wells and Northwestern Railway Texas Mexican Railway Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans Toledo, Peoria & Western Railroad Union Pacific Railroad Union Railway (Memphis) Union Terminal Company (Dallas) Wabash Railroad Western Pacific Railroad Wichita Terminal Association SOUTHEASTERN RAILROADS Atlanta & West Point-Western Railway of Alabama. Atlanta Joint Terminals Atlantic Coast Line Railroad Chesapeake & Ohio Railway Clinchfield Railroad Georgia Railroad Gulf Mobile & Ohio Railroad Jacksonville Terminal Kentucky & Indiana Terminal Louisville & Nashville Railroad Norfolk & Portsmouth Belt Line Norfolk Southern Railway Norfolk & Western Railway Richmond Fredericksburg & Potomac Railroad Seaboard Air Line Railway L ist B International Association of Machinists 7 International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, llif Forgers & Helpers / 7 Sheet Metal Workers’ International Association M International Brotherhood of Electrical Workers Brotherhood Railway Carmen of America /<# International Brotherhood of Firemen, Oilers, Helpers, Roundhouse and Railway Shop Laborers [F,R. Doc. 64-8499; Filed, Aug. 18, 1964 ; 4:25 pm.]
Thursday, August 20, 1964 FEDERAL REGISTER 11893
Executive Order 11170 CREATING AN EMERGENCY BOARD TO INVESTIGATE DISPUTES BE TWEEN THE CARRIERS REPRESENTED BY THE NATIONAL RAILWAY LABOR CONFERENCE AND CERTAIN OF THEIR EMPLOYEES WHEREAS disputes exist between the carriers represented by the National Railway Labor Conference, designated in List A attached hereto and made a part thereof, and certain of their employees rep resented by the Five Cooperating Railway Labor Organizations, labor organizations, designated in List B attached hereto and made a part hereof; and WHEREAS these disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and WHEREAS these disputes, in the judgment of the National Medi ation Board, threaten substantially to interrupt interstate commerce to a degree such as to deprive the country of essential transportation service: NOW, THEREFORE, by virtue of the authority vested in me by Section 10, of the Railway Labor Act, as amended (45 TJ.S.C. 160), I hereby create a board to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The board shall report its findings to the President with respect to the disputes within thirty days from the date of this order. As provided by Section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the carriers represented by the National Railway Labor Conference, or by their employees, in the conditions out of which the disputes arose. L yndon B. J ohnson T he W hite H ouse, August 18, 196
L i s t A EASTERN RAILROADS Akron & Barberton Belt Railroad Company Akron, Canton & Youngstown Railroad Ann Arbor Railroad Company Baltimore and Ohio Railroad Company Baltimore & Ohio Chicago Terminal Railroad Company Staten Island Rapid Transit Railway Company Strouds Creek and Muddlety Railroad Bangor and Aroostook Railroad Bessemer and Lake Erie Railroad Boston and Maine Railroad Brooklyn Eastern District Terminal Buffalo Creek Railroad Bush Terminal Canadian National Railways Lines in the United States St. Lawrence Region Great Lakes Region Canadian Pacific Railway Company Central Railroad Company of New Jersey New York & Long Branch Railroad Company Central Vermont Railway Chicago Union Station Company Cincinnati Union Terminal Company Dayton Union Railway Company Delaware and Hudson Railroad Corporation Detroit and Toledo Shore Line Railroad Company Detroit Terminal Railroad Detroit, Toledo and Ironton Railroad Company Erie-Lackawanna Railroad Company Grand Trunk Western Railroad Company Indianapolis Union Railway Company Lehigh and Hudson River Railway Company -Lehigh Valley Railroad Long Island Rail Road Company Maine Central Railroad Company Portland Terminal Company Monon Railroad Monongahela Railway Company 11894 THE PRESIDENT Montour Railroad Company Youngstown & Southern Railway Company New York Central System New York Central Railroad Company New York District Grand Central Terminal Eastern District Boston & Albany Division Western District Northern District Southern District Indiana Harbor Belt Railroad Company Chicago River & Indiana Railroad Company Pittsburgh & Lake Erie Railroad Company Lake Erie & Eastern Railroad Company Cleveland Union Terminals Company Troy Union Railroad Company New York, Chicago & St. Louis Railroad Company New York Dock Railway ♦New York, New Haven & Hartford Railroad Company ♦The Boston Terminal Corporation Union Freight Railroad (Boston) New York Connecting Railroad New York, Susquehanna & Western Railroad Pennsylvania Railroad Company Baltimore & Eastern Railroad Company Pennsylvania-Reading Seashore Lines Pittsburgh & West Virginia Railway Company Pittsburgh, Chartiers & Youghiogheny Railway Company Railroad Perishable Inspection Agency Reading Company Philadelphia, Reading & Potts. Telegraph Company River Terminal Railway Toledo Terminal Railroad Company Washington Terminal Company Western Maryland Railway Company WESTERN RAILROADS Alton and Southern Railroad Atchison, Topeka & Santa Fe Railway Gulf, Colorado and Santa Fe Railway Panhandle and Santa Fe Railway Bauxite and Northern Railway Belt Railway Company of Chicago Butte, Anaconda and Pacific Railway Camas Prairie Railroad Chicago & Eastern Illinois Railroad Chicago & Illinois Midland Railway Chicago and Illinois Western Railroad Chicago & North Western Railway (Including the former C.St.P.M.&0., M.&St. L., L.&M., M.I. and Railway Transfer Company of the City of Minneapolis.) Chicago and Western Indiana Railroad Chicago, Burlington & Quincy Railroad Chicago Great Western Railway Chicago, Milwaukee, St. Paul and Pacific Railroad Chicago Produce Terminal Company -Chicago, Rock Island and Pacific Railroad Chicago, West Pullman and Southern Railroad Colorado and Southern Railway Colorado and Wyoming Railway Denver and Rio Grande Western Railroad Denver Union Terminal Railway Des Moines Union Railway Duluth, Missabe and Iron Range Railway Duluth Union Depot & Transfer Company Duluth, Winnipeg & Pacific Railway Elgin, Joliet and Eastern Railway El Paso Union Passenger Depot Company Fort Worth and Denver Railway Galveston, Houston and Henderson Railroad Great Northern Railway Green Bay and Western Railroad Kewaunee, Green Bay and Western Railroad Houston Belt & Terminal Railway Illinois Central Railroad Illinois Northern Railway Illinois Terminal Railroad Joint Texas Division of the C.R.I. & P. Railroad and Fort Worth & Denver Railway Joplin Union Depot Company ♦In trusteeship. Any commitment subject to court approval. Thursday, August 20, 1964 FEdERAl REGISTER H 895
Kansas City Southern Railway Arkansas Western Railway Kansas City, Shreveport & Gulf Terminal Company Kansas City Terminal Railway Kansas, Oklahoma & Gulf Railway Midland Valley Railroad Oklahoma City-Ada-Atoka Railway Kang Street Passenger Station (Seattle) Lake Superior & Ishpeming Railroad Lake Superior Terminal & Transfer Railway Los Angeles Junction Railway Louisiana & Arkansas Railway Manufacturers Railway Minneapolis, Northfield & Southern Railway Minnesota and Manitoba Railroad Minnesota Transfer Railway Missouri-Kansas-Texas Railroad Company Beaver, Meade and Englewood Railroad Missouri Pacific Railroad - Missouri-Illinois Railroad Northern Pacific Railway Northern Pacific Terminal Company of Oregon Northwestern Pacific Railroad Ogden Union Railway and Depot Company Oklahoma City Stock Yards Agency Oregon, California & Eastern Railway Company Pacific Coast Railroad Company Paducah nnd Illinois Railroad Peabody Short Line Railroad Peoria and Pekin Union Railway Company Port Terminal Railroad Association Pueblo Joint Interchange Bureau St. Joseph Terminal Railroad St. Louis-San Francisco Railway St. Louis, San Francisco & Texas Railway St. Louis Southwestern Railway Saint Paul Union Depot Company San Diego & Arizona Eastern Railway Sioux City Terminal Railway Soo Line Railroad Southern Pacific Company (Pacific Lines) Southern Pacific Company (Texas and Louisiana Lines) Spokane International Railroad Spokane, Portland and Seattle Railway Oregon Trunk Railway Oregon Electric Railway Stock Yards District Agency Terminal Railroad Association of St. Louis Texarkana Union Station Trust Texas and Pacific Railway Abilene and Southern Railway - Fort Worth Belt Railway Texas-New Mexico Railway Weatherford, Mineral Wells and Northwestern Railway Texas Mexican Railway Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans Toledo, Peoria & Western Railroad Union Pacific Railroad ~ Union Railway (Memphis) Union Terminal Company (Dallas) Wabash Railroad Walla Walla Valley Railroad Western Pacific Railroad Western Weighing and Inspection Bureau Wichita Terminal Association Wichita Union Terminal Railway W Yakima Valley Transportation Company SOUTHEASTERN RAILROADS Atlanta & West Point l£hilroad Western Railway of Alabama Atlanta Joint Terminals Atlantic Coast Line Railroad Chesapeake & Ohio Railway Clinchfield Railroad ^ Georgia Railroad Gulf, Mobile & Ohio Railroad Jacksonville Terminal Kentucky & Indiana Terminal Railway Louisville & Nashville Railroad ’ Norfolk & Portsmouth Belt Line v Norfolk Southern Railway ' t Norfolk & Western Railway . C - Richmond, Fredericksburg & Potomac Railroad Seaboard Air Line Railway 118% THE PRESIDENT
L ist B Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express & Station Employes Brotherhood of Maintenance of Way Employes The Order of Railroad Telegraphers Brotherhood of Railroad Signalmen Hotel & Restaurant Employes & Bartenders’ International Union , [F.R. Doc. 04-8500; Filed, Aug. 18, 1964 ; 4:25 p.m.]
1 Thursday, August 20, 1964 FEDERAL REGISTER 11897
Executive Order 11171 THE CANAL ZONE MERIT SYSTEM AND REGULATIONS RELATING TO CONDITIONS OF EMPLOYMENT IN THE CANAL ZONE By virtue of the authority vested in me by Section 155 of Title 2 of the Canal Zone Code (76A Stat. 19), and as President of the United States, it is hereby ordered as follows : S ection 1. As used in this order : (1) The term “subchapter III” shall mean subchapter III of Chap ter 7 of Title 2 of the Canal Zone Code (76A Stat. 16-20). (2) The terms “department,” “position,” “employee,” and “con tinental United States” shall have the meanings ascribed to them in Section 141 of Title 2' of the Canal Zone Code. (3) The term “competitive civil service” shall have the same mean ing as the words “competitive service,” “classified service,” “classified (competitive) service,” or “classified civil service” as defined in exist ing statutes and Executive orders. S ec. 2. (a) Subject to the further provisions of this order, there is delegated to the Secretary of the Army the authority vested in the President by Sections 142 and 155 of Title 2 of the Canal Zone Code : (1) To exclude any employee or position from any or all provisions of subchapter III. (2) To extend to any employee, whether or not such employee is a citizen of the United States, the same rights and privileges as are pro vided by applicable laws and regulations for citizens of the Umted States employed in the competitive civil service of the Government of the United States. ( 3 ) To coordinate the policies and activities of the respective depart ments under subchapter III. (4) To promulgate such regulations as may be necessary and appro priate to carry out the provisions and accomplish the purposes of subchapter III. (b) The Secretary of the Army may redelegate any of the authority delegated to him by subsection (a) of this section. (c) In promulgating regulations pursuant to the authority dele gated by this section (including regulations with respect to the mat ters covered by Sections 3 and 4 o f this order), the Secretary of the Army shall give effect to the following-described policies: (1) Employment standards, rates of basic compensation, availabil ity of training facilities and jprograms shall be applied uniformly among all departments in the Canal Zone to all employees irrespective of whether they are citizens of the United States or of the Republic of Panama. (2) Positions which are designated by the heads of agencies, under Section 147 of Title 2 of the Canal Zone Code, as those which for security reasons shall be filled by a citizen of the United States may include, but are not limited to, (i) those involving security of property, (ii) those involving access to defense information classified pursuant to Executive Order No. 10501 of November 5, 1953, as amended, (iii) those which require the use of United States citizens to insure con tinuity and capability of operation and administration of activities in the Canal Zone by the United States Government. Nothing in this order shall be deemed to modify or supersede any provision of either Executive Order No. 10501 of November 5, 1953, as amended, or Executive Order No. 10450 of April 25,1953. (3) Exclusions of employees or positions from any or all provisions of subchapter III and the extension of rights and privileges to em ployees, as provided in Section 142(b) of Title 2 of the Canal Zone Code, shall be made only in accordance with regulations issued under this order. Such regulations shall provide for excluding employees or positions from the Canal Zone Merit System only for/reasons for which exclusions or exceptions are made from the competitive civil service. No. 163— 3 11898 THE PRESIDENT (d) Prior to the promulgation of regulations under this order, the Secretary of the Army shall consult with the Department of the Navy, the Department of the Air Force, other components of the Depart ment of Defense having employees in the Canal Zone, the Panama Canal Company, the Canal Zone Government, the Civil Service Com mission, ana such other agencies having employees in the Canal Zone as he may determine. S ec. 3. (a) There is established, as provided for in Section 149 of Title 2 of the Canal Zone Code, a Canal Zone Merit System of selec tion for appointment, reappointment, reinstatement, re-employment, and retention with respect to positions, employees, and individuals under consideration for appointment to positions. In accordance with the provisions of Section 149, the Canal Zone Merit System shall— (1) be based solely on the merit of the employee or individual and upon his qualifications and fitness to hold the position concerned; (2) apply uniformly within and among all departments, positions, employees, and individuals concerned; (3) conform generally to policies, principles, and standards estab lished by or in accordance with the Chvil Service Act of January 16, 1883, as amended and supplemented; and (4) include provision for appropriate interchange of citizens of the United States employed by the Government of the United States between such merit system and the competitive civil service of the Government of the United States. Provisions for interchange which involve movement from the Canal Zone Merit System to the competi tive civil service of the Government of the United States shall be subject to the concurrence of the Civil Service Commission. (b) Regulations promulgated under this order with respect to the Canal Zone Merit System shall be issued only after advice has been received from the Civil Service Commission that such regulations conform generally to policies, principles, and standards established by or in accordance with the Civil Service Act of January 16, 1883, as amended and supplemented. (c) The Civil Service Commission is directed to make periodic review of the operations of the Canal Zone Merit System for con formity with the requirements of subchapter III, this order, and regulations promulgated under Section 2 thereof, and shall report its findings to the Secretary of the Army. S ec. 4. (a) There is established, as provided for in Section 152 of Title 2 of the Canal Zone Code, a Canal Zone Board of Appeals to review and determine the appeals of employees. The Board shall consist of five members, all of whom shall be civilians appointed by the Secretary of the Army (and one of whom shall be designated by him as chairman), as follows: (1) One member shall be nominated by the Civil Service Commission. (2) Two members shall be selected from among employees of the United States Government agencies in the Canal Zone and shall be appointed only after consultation with and advice from organizations representing such employees. (3) Two members shall be selected by the Secretary of the Army. (b) For each member of the Board, the Secretary of the Army shall appoint an alternate member, who shall be a civilian nominated or selected in the same manner as the Board member for whom he is an alternate. An alternate member shall serve on the Board whenever, for any reason, the member for whom he is an alternate is unable to serve. (c) Decisions of the Board shall be made by majority vote of the members.
1 Thursday, August 20, 1964 FÉDÉRAL REGISTER 11899
S ec. 5. (a) Existing rules and regulations issued, and other actions taken, pursuant to Executive Order No. 10794 of December 10, 1958, and in effect immediately prior to the issuance of this order, shall remain in effect under the comparable provisions of this order until they are superseded in accordance with provisions of this order or until they expire by their own terms. (b) Executive Order No. 10794 of December 10, 1958, is hereby superseded. L yndon B . J ohnson T h e W hite H ouse, August 18, 1964.. [F.R. Doc. 64-8505 ; Filed, Aug. 18,1964 ; 4: 49 p.m.]
V
Rules cuicT Regulations
than one hour before the beginning of 1. The paragraph designation and Title 7— AGRICULTURE the regular tour and/or is in continua title thereof in § 730.1551, Basis and tion of the regular tour of duty. It will Purpose, are deleted. Chapter III— Agricultural Research be administratively determined from 2. Section 730.1554 is rewritten for Service, Department of Agriculture time to time which days constitute clarification. holidays. 3. Various incorrect references to PART 354— OVERTIME SERVICES RE (b) The Division inspector in chargemarketing quota forms are corrected, LATING TO IMPORTS AND EXPORTS in honoring a request to furnish inspec and necessary corrections are made in tion, quarantine or certification service, Overtime Work at Border Ports, the table of contents. shall assign employees to such holiday or 4. That part of the definition of “rice Seaports, and Airports overtime duty with due regard to the acreage” in § 730.1552 (v) providing that Section 354.1 of Part 354, Title 7, Code work program and availability of em a second planting and maturing of rice of Federal Regulations, is further ployees for duty. on a farm on which one crop has been amended to read as follows: (64 Stat. 561; 5 U.S.C. 576) planted and has matured shall be in cluded as additional rice acreage is made § 354.1 Overtime work at border ports, The foregoing amendment shall be effective beginning with the 1965 crop. seaports, and airports. come effective August 18, 1964, when it 5. An effective date provision is added. shall supersede 7 CPR 354.1, effective (a) Any person, firm, or corporationJanuary 5, 1964. Signed at Washington, D.C., on Au having ownership, custody or control of The purpose of this amendment is to gust 17, 1964. plants, plant products, or other com increase the hourly rate for overtime or H. D. Godfrey, modities or articles subject to inspection, holiday services from $6.40 to $6.60 com Administrator, Agricultural certification, or quarantine under this mensurate with salary increases pro Stabilization and Conservation Service. chapter, and who requires the services vided in Title 1 of the Government Em General of an employee of the Plant Quarantine ployees Salary Reform Act of 1964 (Pub Sec. Division on a holiday or at any other lic Law 88-426). 730.1551 Basis and purpose. time outside the regular tour of duty of Determination of the hourly rate for 730.1552 Definitions. such employee, shall sufficiently in ad overtime services and'of the commuted 730.1553 Instructions and forms. vance of the period of overtime or holi travel time allowances depends entirely 730.1554 Normal yields. day service request the Division inspector 730.1555 Final dates for disposal of excess upon facts within the knowledge of the acreage. in charge to furnish inspection, quaran Department of Agriculture. It is to the tine or certification service during such benefit of the public that this amend F arm Marketing Quota and F arm overtime or holiday period, and shall pay Marketing Excess the Government therefor at the rate of ment be made effective at the earliest $6.60 per man-hour per employee. A practicable date. Accordingly, pursuant 730.1556 Marketing quotas in effect. to the provisions of section 4 of the Ad 730.1557 Farm marketing quota. minimum charge of two hours shall be ministrative Procedure Act (60 Stat. 730.1558 Farm marketing excess. made for any holiday or unscheduled 238), it is found upon good cause that 730.1559 Notice of farm marketing excess. overtime duty performed by an employee notice and public procedure on this 730.1560 Farms for which proper notice of on a day when no work was scheduled the farm marketing quota and for him or which is performed by an em amendment are impracticable, unneces farm marketing excess of rice was ployee on his regular work day beginning sary, and contrary to the public interest not issued. at least one hour before his scheduled and good cause is found for making this 730.1561 Farm marketing excess adjust tour of duty or which is not in direct amendment effective less than thirty ment. days after publication. 730.1562 Reports of farm marketing excess. continuation of the employee’s regular 730.1563 Publication of the farm acreage tour of duty. In addition, each period Done at Washington, D.C., this 17th allotments, marketing quotas or unscheduled overtime or holiday work day of August 1964. and marketing excesses. w> which the two hour minimum charge B. T. Shaw, 730.1564 Marketing quotas not transfer provision applies which requires the em- Administrator, able. Pjoyee involved to perform additional Agricultural Research Service. 730.1565 Successors in interest. 730.1566 Review of quotas. _ travel may include a commuted travel [F.R. Doc. 64-8450; Filed, Aug. 18, 1964; wne period the amount of which shall 1:00 p.m.] Marketing Cards and Marketing +ini)r4Scr^ ^ *** administrative instruc- Certificates issued by the Director of the i n Division for the areas Chapter VII—-Agricultural Stabiliza 730.1567 Issuance of marketing cards. 730.1568 Issuance of marketing certificates. holiday or overtime work is tion and Conservation Service 730.1569 Issuance of marketing card or and such period shall be (Agricultural Adjustment), Depart marketing certificate after guar 2 r P hed as nearly as may be practi- ment of Agriculture antee of penalty. in ' ° C0Ver. i ' i 1116 necessarily spent 730.1570 Lost, destroyed or stolen market and returning from the v-SUBCHAPTER B— FARM MARKETING QUOTAS ing cards or marketing certifi such the emPi°yee performs AND ACREAGE ALLOTMENTS cates. travel il nS® or holiday duty ^ such 730.1571 Cancellation of marketing cards PART 730— RICE and marketing certificates is such ° r m e d 801617 on account of sued ih error. resDp^ ^ 1016 or holiday service. With Subpart— Rice Marketing Quota Reg metroL ?oPlaces of duty within the ulations For 1964 and Subsequent I dentification of R ice headqStSs °f the employee’s Crop Years Period soch commuted travel 730.1572 Time and manner of identification. When n0t exceed three hours. On pages 8482 through 8494 of the P enalty tionsenh^?1011’ quarantine or certifica- F ederal R egister of July 7, 1964, was 730.1573 Rate of penalty. outside the8«?#? per*?rmed at locations published a notice of proposed rule mak 730.1574 Lien for penalty. the emplove??t? Pi ltan area ^ w hich ing to issue marketing quota regulations 730.1575 Interest on unremitted penalty. °ne-hah headquarters is iocated, for 1964 and subsequent crop years. 730.1576 Payment of penalties by producers. applicable corprnuted travel period After consideration of views and rec 730.1577 Payment of penalties by buyers or ices are nerfn^? 5°?* at which the serv- ommendations received, the proposed transferees. duties inVnlJ med 8ba11 he charged when regulations, as submitted, are adopted 730.1578 Remittance of penalties to the involve overtime that begins less county office. with the following changes: 730.1579 Deposit of funds. 11901 11902 RULES AND REGULATIONS
Sec. words and phrases defined in this sec (2) The term “sale” means any trans 730.1580 Refunds of money in excess of the tion shall have the meaning assigned to penalty. fer of title to rice by a producer by any 730.1581 Stored farm marketing excess. them herein unless the context or subject means other than barter, exchange or 730.1582 Delivery of the farm marketing ex matter otherwise requires. The follow gift. The penalty on excess rice is due cess to the Secretary. ing words or phrases are defined in Part regardless of what use is made of the 730.1583 Refund of penalty erroneously, 719 of this chapter, Reconstitution of excess rice. illegally or wrongfully collected. Farms, Farm Allotments, and Farm (3) The terms “barter” and “ex 730.1584 Report of violations and court History and Soil Bank Base Acreages, change” mean transfer of title to rice proceedings to collect penalty. and amendments thereto, and shall have by a producer in return for rice or any Records and Reports the meaning assigned to them by such commodity, service or property, in cases 730.1585 Records to he kept and reports regulations: Community committee, where the value of the rice or such other to be made by warehousemen, county committee, county office man commodity, service, or property is not mill or elevator operators, other ager, Department, Deputy Administra considered in terms of money, or the processors or transferees, and tor, farm, landlord, OGC representative, transfer of title to rice by a producer buyers other than intermediate owner, person, representative of the in payment of a fixed rental or other buyers. State committee, Secretary, sharecrop charge for land, or the payment of an 730.1586 Records to be kept and reports to per, State committee, State executive amount of rice in lieu of a cash charge be made by intermediate buyers. direétor and tenant. The phrase, expi 730.1587 Buyer’s special reports. * for harvesting or milling rice (com 730.1588 Penalty for failure or refusal to ration of time limitations, is defined in monly called “toll rice”) . keep records and make reports. Part 720 of this chapter, General Policy (4) The term “gift” means any trans 730.1589 Records to be kept and reports to and Interpretations, and shall have the fer of title to rice accompanied by de be made by producers. meaning assigned to it therein. livery of the rice by a producer which 730.1590 Data to be kept confidential. (a) “Act” means the Agricultural Ad takes effect immediately and irrevocably 730.1591 Enforcement. justment Act of 1938, and any amend and is made without any consideration Special P rovisions and Exemptions ments or supplements thereto. or compensation therefor. (b) “Actual production” of any num (o) “Marketing year” means the pe 730.1592 Farms on which the only acreage of rice is nonirrigated rice not ber of acres of rice on a farm means the riod beginning August 1 and ending July in excess of three acres. actual average yield per acre for the 31 of the following year, both dates 730.1593 Experimental rice farms. farm times such number of acres. inclusive. 730.1594 Rice produced on a wildlife refuge (c) “Actual yield” means the number (p) “Normal production” of any num farm. of pounds of rice determined by dividing ber of acres of rice on a farm means the) 730.1595 Erroneous notices. the number of pounds of rice produced normal yield of rice for the farm times 730.1596 Approval of reporting and record on the farm by the rice acreage on the such number of acres. keeping requirements. farm. (q) “Normal yield” means the number Authority : The provisions of this subpart (d) “Administrator” means the Ad of pounds per acre of rice established issued under sec. 301, 351-356, 362-368, 372- ministrator, Agricultural Stabilization as the normal yield per acre for the farm 376, 52 Stat. 38, as amended, 60, as amended, and Conservation Service, United States under § 730.1554. 61, as amended, 62, as amended, 63, as Department of Agriculture. (r) “Penalty” means the penalty re amended, 64, 65, as amended, 66, as amended; sec. 106, 70 Stat, 191; 7 U.S.C. 1301, 1351- (e) “Buyer” means a person who buys ferred to in § 730.1573. 1356, 1362-1368, 1372-1376, 1824. rice. (s) “Producer” means any person (f ) “County office” means the office of who shares in a rice crop at the time of GENERAI, the Agricultural Stabilization and Con harvest, or is entitled to share in a § 730.1551 Basis and purpose. servation County committee. crop of rice available for marketing, or (g) “Crop year” means the calendar in the proceeds thereof. The regulations co n ta in ed in year in which the rice crop is produced.
(Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776; be discontinued after incorporation of Mod § 222.3 Creditability of compensation. 49 Ù.S.C. 1354(a), 1421,1423) ification FG. 1960 Part “C”. (f) If a crack is found in the rib web plate (à) Maximum creditable compensa This amendment shall become effective only, incorporate Mod. FG. 1960 Part “B” tion for one month. In no case sh^p August 21,1964. and reinspect the rib web plate within every compensation in excess of $300 for any 3,000 landings to ensure that cracking has month of service before July 1, 1954, 0r Issued in Washington, D.C., on Au not been initiated in the reinforcing plate. in excess of $350 for any month of serv gust 17,1964. These repetitive inspections are no longer ice after June 30,1954, and before June 1, James P. Rudolph, necessary after the incorporation of Mod. 1959, or in excess of $400 for any month FG. 1960 Part “C*\ Acting Director, (g) If cracks are found in both the rein of service after May 31, 1959, and before Flight Standards Service. forcing plate and the rib web plate, incorpo November 1,1963, or in excess of $450 for [FJfc. Doc. 64-8442; Filed, Aug. 19, 1964; rate Mod. FG. 1960 Part “C”. , any month of service after October 31, 8:49 a.m.} (Vickers-Armstrongs Preliminary Technical 1963, be recognized, v Leaflet No. 113 Issue 2 (800/810 Series) and Modification FG. 1960 cover this subject.) § 225.1 Formula for computing annuity, [Reg. Docket No. 5076; Arndt. 796] (Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776; 49 U.S.C. 1354(a), 1421,1423) An annuity for a month shall be com- ] PART 507— AIRWORTHINESS puted by multiplying an individual’s j This amendment shall become effective DIRECTIVES “years of service” by the following per Septeniber 21,1964. centages of his “monthly compensation"; j Vickers Viscount Model 810 Series Issued in Washington, D.C., on August 3.35 percent of the first $50; 2.51 percent j Aircraft 14,1964. - '.- 'Vr -• of the next $100; and 1.67 percent of the ! G. S. Moore, next $300. A proposal to amend Part 507 of the Director, § 237.201 Statutory provisions. Regulations of the Administrator to in Flight Standards Service. clude an airworthiness directive requir The term “basic amount” shall mean— \ [FJR. Doc. 64-8399; Filed, Aug. 19, 1964; (i) For an employee who will have been j ing inspection of the rib reinforcing plate 8:45 a.m.] partially insured, or completely insured solely j and the rib web plate and repair or by virtue of paragraph (7)(i) or (7) (ii) or modification if cracks are found on both: the sum of (A) 49 per centum of bis Vickers Viscount Model 810 Series air average monthly remuneration, up to and craft was published in 29 F.R. 6806. Title 20— EMPLOYEES’ BENEFITS including $75; plus (B) 12 per centum of Interested persons have been afforded Chapter II— Railroad Retirement such average monthly remuneration exceed an opportunity to participate in the mak ing $75 and up to and Including $450, plus Board (C) 1 per centum of the sum of (A) plus ing of the amendment. No objections (B) multiplied by the number of years after were received, however there was one PART 222— DEFINITION AND CRED 1936 in each of which the compensation, comment which suggested that the word ITABILITY OF COMPENSATION wages, or both, paid to him will have been ing be clarified in paragraph (a) to agree equal to $200 or more; if the basic amount, with the manufacturer’s instructions on PART 225— COMPUTATION OF thus computed, is less than $16.95 it shall be the subject. This has been done. ANNUITY increased to $16.95; In consideration of the foregoing, and (it) For an employee who will have been pursuant to the authority delegated to me PART 237— INSURANCE ANNUITIES completely insured solely by virtue of para by the Administrator (25 F.R. 6489), AND LUMP SUMS FOR SURVIVORS graph (7) (ill): the sum of 49 per centum of §507.10(a) of Part 507 (14 CFR Part his montnly compensation if an annuity will Miscellaneous Amendments have been payable to him, or, if a pension 507) is hereby amended by adding the will have been payable to him, 49 per centum following new airworthiness directive: Pursuant to the general authority con of the average monthly earnings on which such pension was computed, up to and in Vickers. Applies to Viscount Model 810 tained in section 10 of the Act of June 24, Series aircraft. Compliance required as 1937 (50 Stat. 314, 45 U.S.C. 228j), cluding $75, plus 12 per centum of such com §§ 222.1 (final paragraph) and 222.3(a) pensation or earnings exceeding $75 and up indicated. : to and including $300. If the average Fatigue cracking has occurred in the rib of Part 222, § 225.1 of Part 225, and monthly earnings on which a pension pay structure of the inboard rib at Station 96 §§ 237.201 and 237.202(b) (1) (i) of Part able to him was computed are not ascertain of the inboard nacelles, illustrated in Figure 237 (20 CFR 222.1, 222.3(a), 225.1, able from the records in the possession of tn j 1 of Preliminary Technical Leaflet No. 113 237.201, and 237.202(b) (1) (i) of the reg Board, the amount computed under this sub (800/810 Series). To preclude further fail division shall be $40.33, except that if tne ures, accomplish the following in accordance ulations under such act are amended by pension payable to him was less than $0 • > with the PTL referenced herein or FAA ap Board Order 64-105, dated July 29, 1964, to read as follows: such amount shall be four-thirds proved equivalent: amount of the pension or $16.13, whichever (a) Within 275 landings after the effective § 222,1 Statutory provisions. is greater. The term "monthly compensa date of this AD unless already accomplished * * * * * tion” shall, for the purposes of this subdlv within the last 225 landings, conduct dye sion, mean the monthly compensation usea, penetrant or an FAA-approved equivalent * * * In computing the monthly compen sation, no part of any month’s compensation in computing the annuity; Inspection for cracks in the rib reinforcing (iii) For an employee who will have be plate and rib web plate in accordance with in excess of $300 for any month before July 1, 1954, or in excess of $350 for any month after completely insured under paragraph (V ( A PTL 113. . and either;(7) (i) or (7) (ii) i The higher of (b) If no cracks are found, reinspect at June 30,1954, and before the calendar month intervals not exceeding every 500 landings [June 1959] next following the month in the two amounts computed in acc°f from the last inspection until Modification which this Act was amended in 1959 [May with, subdivisions (i) or (ii). (Section 5(1) (10) of the act) ^ _ FG. 1960 Part “B” is accomplished, after 1959], or in excess of $400 for any month An employee’s “average monthly renume which no further inspection for this defect after the month in which this Act was so will be required. amended and before the calendar month tion” shall mean the quotient obtained (c) If cracks are found during the initial [November 1963] next following the month dividing (A) the sum of (i) the comP®n® e inspection described in paragraph (a), ac in which this Act was amended in 1963 tion paid to him after 1936 and hef _ complish paragraphs (e),'.(f), or (g), as [October 1963], or in excess of $450 for any employee’s closing date, eliminating a 7 month after the month in which this Act cess over $300 for any calendar m°nth be appropriate, within 275 landings after the July 1, 1954, any excess over $350 for any effective date of this AD. was so amended, shall be recognized. If the (d) If cracks are found during a reinspec employee earned compensation in service calendar month after June 30, 195f> , ^ after Jupe 3 0 , 1937, and after the last day of fore the calendar month [Jun® ^95 ] tion, accomplish paragraphs (e), (f),o r (g), following the month in which this Act was as appropriate, within 275 landings from the the calendar year in which he attained age time the cracks are found. sixty-five, such compensation and service amended in 1959 [May 1959], any e (e) If a crack is found in the rib reinforc shall be disregarded in computing the $400 for any calendar month after th monthly compensation if the result of taking in which this Act was so amended and r > t ing plate only, incorporate the repair scheme the calendar month [November 1963 J was Figures 2 and 3 of PTL 113 or an FAA-ap such, compensation into account in such proved equivalent and reinspect within every computation would be to diminish his annu following the month in which ihi 1,500 landings to ensure that there is no ity. If the “monthly compensation” com amended in 1963 [October l 9®3! _ montb progression of damage in the reinforcing puted under this subsection is not a multiple excess over $450 for any w ® M after the month in which this A .. „ f0t plate and no initiation of damage in the of $1, it shall be rounded to the next lower amended, and if SUCh compensation web plate. These repetitive inspections may multiple of $1. (Section 3(c) of the act) Thursday, August 20, 1964 FEDERAL REGISTER 11917
Lay calendar year before 1955 is less than Indiana, and other relevant material, I ts 600 or for any calendar year after 1954 Title 21— FOOD AND DRUGS has concluded that the following amend and before 1959 is less than $4,200, or for any ments to § 121.217 should issue to pro calendar year after 1958 is less than $4,800, Chapter I— Food and Drug Adminis and the average monthly remuneration com vide for the safe conditions of use of puted on compensation alone is lens than tration, Department of Health, Edu tylosin in swine feed. Therefore, pur (¡450 and the employee has earned In such cation, and Welfare suant to tiie provisions of the Federal calendar year “wages” as defined in para Food, Drug, and Cosmetic Act (sec. 409 graph (6) hereof, such wages, in an amount SUBCHAPTER B— FOOD AND FOOD PRODUCTS (c)(1), 72 Stat. 1786; 21 U.S.C. 348(c) I not to exceed the difference between the com- (1)), and under the authority delegated [ pensation for such year and $3,600 for years PART 121— FOOD ADDITIVES before 1955, $4,200 for years after 1954 and to the Commissioner by the Secretary of before 1959, and $4,800 for years after 1958, Subpart C— Food Additives Permitted Health, Education, and Welfare (21 CFR by (B) three times the number of quarters in Feed and Drinking Water of 2.90; 29 F.R. 471), § 121.217 Tylosin is elapsing after 1936 and before the employee’s amended by changing paragraph (d) as I closing date: Animals or For Treatment of Food- follows: Provided, That for the period prior to and Producing Animals 1. In table 2, item 3 is changed by Including the calendar year in which he will T ylosin adding ”, as sole source of tylosin.” to the have attained the age of twenty-two there text under “Limitations”. shall be included in the divisor not more The Commissioner of Food and Drugs, than three times the number of quarters of 2. Table 3 is changed by adding a new having evaluated the data submitted in item 2, as follows: coverage In such period: Provided, further, a petition (FAP 1177) filed by Elanco That there shall be excluded from the divisor §121.217 Tylosin. any calendar quarter which is not a quarter Products, A Division of Eli Lilly and of coverage and during any part of which a Company, P.O. Box 1750, Indianapolis 6, * * .* * * retirement annuity will have been payable to him. An employee’s “closing date” shall T able 3—T ylosin in Animal F eed | mean (A) the first day of the first calendar f. year in which such employee both had at Principal Gm. per Combined Gm. per Limitations Indications for use tained age 65 and was completely insured; ingredient ton with— ton or (B) the first day of the calendar year in which such employee died; or (C) the first • * * * * * • * * * * * * * » * • * | day of the calendar year following the year 2. Tylosin.. 40-100 For swine;.100 gm. per ton for 3 weeks Prevention of swine I in which such employee died, whichever followed by 40 gm. per ton until dysentery (vibrionic). market weight; as tylosin phosphate, | would produce the highest “average monthly as sole source of tylosin. remuneration” as defined in the preceding sentence. If the amount of the “average monthly remuneration” as computed under Sec. this paragraph is not a multiple of $1, it shall Any person who will be adversely af 261.1 Authority and purpose. be rounded to the next lower multiple of $1. fected by the foregoing order may at any 261.2 Applicability and scope. With respect to an employee who will have time within 30 days from the date of its 261.3 Responsibility. been awarded a retirement annuity, the term 261.4 General policy statements. ; “compensation” shall, for the purposes of publication in the F ederal R egister file 261.5 Authorized sales. this paragraph, mean the compensation on with the Hearing Clerk, Department of Authority1: The provisions of this Part which such annuity will have been based. Health, Education, and Welfare, Room (Section 5(1) (9) of the act) 5440, 330 Independence Avenue SW., 261 issued under sec. 161, R8., 5 UJS.C. 22. The term “wages” shall mean wages as Washington 25, D.C., written objections § 261.1 Authority and purpose. defined in section 209 of the Social Security thereto. Objections shall show wherein Act. In addition, the term shall Include (1) the person filing will be adversely af Uhder the authority contained in sec “self-employment income” as defined in sec tion 6,1951 Amendments to the Univer tion 211(b) of the Social Security Act, and fected by the order and specify with par I W wages deemed to have been paid under ticularity the provisions of the order sal Military Training and Service Act, section 217 (a) or (e) of the Social Security deemed objectionable and the grounds 50 UJS.C. App. 473, this part assigns re Act on account of military service which is for the objections. If a hearing is re sponsibility and establishes uniform De hot creditable under section 4 of this act. quested, the objections must state the partment of Defense policy governing wages, as defined in this paragraph, shall be issues for the hearing. A hearing will the sale of alcoholic beverages. credited for the purposes of this section in be granted if the objections are sup the manner and to the extent credited for § 261.2 Applicability and scope. corresponding purposes of Title n of the So ported by grounds legally sufficient to cial Security Act. (Section 5(1) (6) of the to justify the relief sought. Objec The provisions of this part apply to all act) tions may be accompanied by a memo DOD components and to all persons eli randum or brief in support thereof. All gible to patronize on-base outlets selling §237.202 Basic amount. documents shall be filed in quintuplicate. alcoholic beverages in the United States ***** Effective date. This order shall be ef and the District of Columbia. , ^ Computation of basic amount. fective on the date of its publication in § 261.3 Responsibility. the F ederal R egister. MD Employee partially insured (a) Office of the Secretary of Defense. ompietely insured solely because of < (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. The Assistant Secretary of Defense rent connection and quarters of co\ 348(c)(1)) (Manpower) (ASD (M )) shall be re a9e. In these cases: sponsible for the administration of this Tflff) H employee’s average moni Dated: August 14,1964. part throughout the DOD. numeration does not exceed $75, t G eo. P. Larrick, (b) Military Departments. The Sec mimerc!?t of such average monthly Commissioner of Food and Drugs. retaries of the Military Departments uneratioH, if the average monthly shall be responsible for effectively carry muneration exceeds $75, take 49 pen (PE. Doc. 64-8440; PUed, Aug. 19, 1964; 8:49 a.m.} ing out the policies of this part and to ami?,5 Wd ^ thereto 12 percent of make and issue implementing regula rpmm^ Which the average moni tions in accordance with existing appli cable laws. exce^e$45o°n e3cceeds $75 and does * * Title 32— NATIONAL DEFENSE § 261.4 General policy statements* (Sec. 10,50 Stat. 314,45 U.S.O. 22&j) Chapter I— Office of the Secretary of (a) Use of alcoholic beverages. The Defense established policy of the Department of Dated: August 14,1964. Defense with respect to controlling the By authority of the Board. SUBCHAPTER M— MISCELLANEOUS use of alcoholic beverages by members of the Armed Forces is to encourage ab Lawrence Garland, PART 261— ALCOHOLIC BEVERAGE CONTROL stinence, enforce moderation, and pun . Secretary of the Board. ish over-indulgence. This policy can be * t)oc- 64-8435; Piled, Aug. 19, 1964; The Deputy Secretary of Defense ap carried out most effectively through 8:48 am.] proved the following May 4,1964: command supervision. Ï19Ï8 RULES AND REGULATIONS
(b) Restrictive controls and affirma (vi) Disciplinary and control prob Subject to existing valid rights, the tive measures. (1) Restrictive controls lems due to restrictions imposed by local following-described public lands are shall be established by Secretaries of the law and regulation. hereby withdrawn from all forms of ap Military Departments which recognize (vii) Highway safety. propriation under the public land laws, (as the primary consideration) the vary (viii) A digest of the attitudes of com including the mining laws, but not from ing conditions and requirements of mili munity authorities or civic organizations leasing under the mineral leasing laws, tary service, yet do not discriminate toward establishment of a package sales for the preservation of historical, arche- against individuals In the Armed Forces outlet. ological and recreational values. by denying them the rights and privi (2) An information copy will be dis D.S. Survey 3502, leges of other citizens. patched to the ASD (M) of each action Lot 3. (2) Affirmative measures shall beapproving the establishment of sales Containing 18.87 acres. taken, including but not limited to pro outlets for packaged alcoholic beverages, viding (i) character guidance, with em including the determinations and find J ohn A. Carver, Jr., phasis on the harmful effects of the im ings made in accordance with the cri Assistant Secretary of the Interior. moderate use of alcoholic beverages, teria as stated above. August 14,1964. using the advice and assistance of chap (3) Controls—(i) Purchase and con sumption. Although individual ration [P.R. Doc. 64-8414; Piled, Aug. 19, 1964; lains, and (ii) wholesome recreation, en 8:47 a.m.] tertainment, and relaxation for individ ing will not be required, installation uals in the Armed Forces both on and commanders will maintain a continuing off station, using the initiative and as review of the amount of alcoholic bev [Public Land Order 3435] sistance of local communities and na erages purchased in the sales outlets [Sacramento 076627] tional organizations. and the number of authorized purchas (c) Cooperation. (1) DOD will coop ers. If such review indicates that the CALIFORNIA erate with all duly constituted regula purchases equated to the number of au Withdrawal for Forest Service Ad tory officials (local, state and Federal) thorized individuals results in an exces ministrative Sites and Recreation to the degree that the duties of such offi sive per capita amount, appropriate cials are related to the furtherance of control measures will be instituted to Area the terms of this Part. However, the assure compliance with § 261.4(a) or By virtue of the authority vested in purchase of all alcoholic beverages for subdivision (iii) of this subparagraph the President, and pursuant to Executive resale at any camp, post, station, base as applicable. Order No. 10355 of May 26,1952 (17 F.R. or other place primarily occupied by (ii) Pricing. Prices in authorized 4831) it is ordered as follows: members of the Armed Forces within the sales outlets for packaged alcoholic bev Subject to valid existing rights, the United States shall be in such a manner erages shall be within ten percent minerals in the following-described na and under such conditions as shall ob (1 0 %) of the lowest prevailing rates of tional forest lands in the national forests tain for the Government the most ad civilian outlets in the area. Exceptions hereafter named, are hereby withdrawn vantageous contract, price and other will be granted only upon approval by from prospecting, location, entry, and factors considered, without regard to the Secretary of the cognizant Military purchase under the United States mining prices locally established by state stat Department upon a substantiated show laws, but not from leasing under the ute or otherwise. ing, to be made in each case, that spe mineral leasing laws, in aid of programs (2) This policy of cooperation is notcial factors warrant an exception there of the Forest Service, Department of to be construed or represented as an ad to. Agriculture, for utilization of the surface mission of any legal obligation to submit (iii) Diversion, Diversion, to unau as administrative sites and recreation to State control. thorized persons of packaged alcoholic area, as indicated: beverages purchased by members of the Humboldt Meridian § 261.3 Authorized sales. Armed Forces in authorized sales out SHASTA-TRINITY NATIONAL FOREST (a) Other than packaged alcoholic lets, is a serious offense and where sub stantiated will be punished. Whites Bar Picnic Area beverages. Appropriate regulations (4) Eligibility for patronage of sales T. 4 N., R. 8 E., * controlling the sale of alcoholic bever Sec. 4, Ei/2 of lot 2. ages dispensed by the drink, or beer sold outlets. Eligibility for patronage of in other than sales outlets for packaged sales outlets for alcoholic beverages on KLAMATH NATIONAL FOREST alcoholic beverages, may be promulgated military installations will be restricted Elk Creek Administrative Site by the Secretaries of the Military De to authorized personnel prescribed by the Secretaries of the Military Depart T. 15 N., R. 8 E., partments. Sec. 32, H.E.S. No. 293; (b) Sales outlets for packaged alco ments. Sec. 33, H.E.S. No. 293. Maurice W. R oche, holic beverages. The sale, of packaged Mount Diablo Meridian alcoholic beverages, other than beer, ' Administrative Secretary. may be authorized on military installa [P.R. Doc. 64-8428; Piled, Aug. 19, 1964; KLAMATH NATIONAL FOREST tions when the Secretary of a Military 8:48 a.m.] Gottville Administrative Site Department approves the establishment T. 46 N„ R. 7 W„ of such sales outlets after determining Sec. 8, S%SE%SW%NW% and that the authorization will be beneficial Title 43— PUBLIC LANDS: Ei/2N w y4 s w y 4. to the morale of the military commu The areas described aggregate 72.42 nity. INTERIOR (1) In arriving at such determina acres. _ Chapter ||----Bureau °f Land Manage J ohn A. Carver, Jt., tions, the Secretary of a Military De Assistant Secretary of the Interior. partment will take cognizance of all ment, Department of the Interior pertinent factors including the following ugust a p p e n d ix —Pu b l ic l a n d o r d e r s A 14, 1964. criteria as applicable: [P.R. Doc. 64-8413; Filed, Aug. 19. 1064, (i) Estimated number of authorized [Public Laud Order 3436] 8:47 a.m.] patrons per outlet if granted. [Anchorage 060878] (ii) Importance of estimated contri- butions of package store profits to pro ALASKA [Public Land Order 3437] viding, maintaining and operating clubs, Withdrawal for Preservation of His / [BLM 073066] messes and other recreational activities. torical and Recreational Values; FLORIDA (iii) Availability of wholesome family social ¿lubs to military personnel in the Lake Louise Area Withdrawal for Forest Service Recre local civilian community. By virtue of the authority vested in ation Areas (iv) Geographical inconveniences. the President and pursuant to Executive By virtue of the authority vest^^th^ (v) Limitations of non-military Order No. 10355 of May 26, 1952, (17 President, and pursuant to l sources. F.R. 4831), it is ordered as follows: Thursday, August 20, 1964 FEDERAL REGISTER 11919
Order No. 10355 of May 26, 1952 (17 F.R. deer lake campground addition LAKE CATHERINE CAMPGROUND ADDITION 4831), it is ordered as follows: T. 15 S., R. 25 E„ T. 16S.. R. 25 E., Subject to valid existing rights, the Sec.7,Sy2NE%,SE%; Sec. 32. N%SWJ4. minerals in the following-described na Sec. 8, SWV4NW%, SW%SW%. Total area 78.41 acres. tional forest lands in the Ocala National Total arda 320.20 acres. Forest are hereby withdrawn from pros FISH TRAP PRAIRIE CAMPGROUND pecting, location, entry, and purchase MILL DAM PICNIC SITE ADDITION T. 15 S., R. 25 E., T. 16 S., R. 25 E., under the mining laws of the United Sec. 34, SW%NW%, NWJ4SW%. States, but not from leasing under the Sec. 17, lot 1, W%Wy2SE»4, Wy2SWV4NE%. S E i/ iN W ^ ; Total area 79.48 acres. mineral leasing laws, in aid of programs Sec. 18, lot 1; of the Forest Service, Department of YEARLING POND PICNIC SITE Agriculture, for utilization of the sur Sec. 20, W%NW%NE^4. Total area 192.46 acres. T. 16 S., R. 26 E., face as recreation areas, campgrounds Sec. 13, lot 4. and picnic sites, as indicated: HALFMOON CAMPGROUND Total area 80.00 acres. Tallahassee Meridian T. 15 S., R, 25 E., Sec. 29, lot 1. BUCK LAKE CAMPGROUND LAKE DELANCY RECREATION AREA Total area 63.86 acres. T. 16 S.. R. 26 E., T 12 S R 25 E Sec. 13, lots 7 and 8. SOUTH HALFMOON CAMPGROUND Sec. 22, S^SE^NEft, N%SE&, SE&NE& Total area 160.00 acres. sw&; T. 15 S., R. 25 E„ Sec. 23, Sy2N»/2, Ni/2sy2, SEftSEi/4; Sec. 32, lot 2. BUCKSHOT POND PICNIC SIX® Sec. 27,Sy2NE}4; Total area 39.70 acres. T. 16 S., R. 26 E., Sec. 35, Ny2NWi4. Sec. 13, S& lot 9; Total area 633.87 acres. WELLS POND CAMPGROUND Sec. 24, N% lot 2. T. 15 S., R. 25 E., Total area 80.00 acres. CHITTY POINT CAMPGROUND Sec. 32, lots 3 and 4. [ T. 12 S., R 25 E., farles prairie campground Sec. 26, S%SW&, NW&SW&. Total area 102.60 acres. T. 16 S., R. 26 E., JUNIPER SPRINGS RECREATION AREA ADDITION Sec. 18, N»/2NW%NW%; I Total area 120.52 acres. Sec. 14, Ny,NE%NE%. T. 15 S., R. 26 E., GRASSY POND CAMPGROUND ADDITION Sec. 21, lot 1, N&SE&NW&, except a strip Total area 40.04 acres. T.13S..R.25E., of land 400 feet on each side of the cen TWIN POND CAMPGROUND Sec. 8, N»/2SE$4, SW&NE&. ter line of Florida Highway No. 40 which was withdrawn by PLO 1535, dated Oc T. 16 S., R. 26 E., I Total area 120.38 acres. tober 24,1957. Sec. 14, SW&NW%, NW%SW%. PLANTATION LANDING CAMPGROUND' Total area 113.20 acres. Total area 80.15 acres. T. 13 S., R. 26 E„ GOBBLER LAKE PICNIC SITE NAMELESS SINK PICNIC SITE Sec. 11, lot 1. T. 15 S., R. 27 E., T. 16 S., R.U6 E., | Total area 40.76 acres. Sec. 29, Sy2SE%NE%, Ny2NE%SEi4 . Sec. 26, S^NE%NE%, N&SE&NE&. Total area 40.00 acres. Total area 40.22 acres. MASON BAY CAMPGROUND EIGHTBALL LAKE PICNIC SITE BLUE SINK PICNIC SITE [ T. 14 s., R. 24 E., ( Sec. 11, NEt4 SE^4 , except a strip of land T. 15 S., R. 27 E., T. 16 S., R. 26 E., 400 feet on each side of the center line Sec. 29, SW%NE%, NW&SE&, SEJ4NW&, Sec. 36, E&NW&NW^, Wy2NE^NW%. of Florida Highway No. 314 which was NE&SWiA. Total area 40.00 acres. withdrawn by PLO 1535, dated Oc Total area 160.00 acres. tober 24,1957. BEAKMON LAKE PICNIC SITE WILDCAT LAKE PICNIC SITE Total area 80.06 acres. T. 16 S., R. 27 E., T. 15 S., R. 27 E., Sec. 5,NE%SW%. Sec. 30, Wy2NW&SE%, SW&SE&. EAST LAKE ETON CAMPGROUND Total area 39.92 acres. T. 14 S., R.24E., Total area 60.00 acres. BILLY’S BAY CAMPGROUND ; Sec.l4,SWi4SE&. CROOKED LAKE CAMPGROUND | Total area 40.09 acres. T. 16 S., R. 27 E„ T. 15 S., R. 27 E., Sec. 20, lots 2 and 3. Sec. 33.NW&. LAKE LOU PICNIC SITE . Total area 104.60 acres. TWS.,R.24E., Total area 160.00 acres. SWIM POND PICNIC SHE S00- 36, W%NE$4. GRASSHOPPER LAKES CAMPGROUND T. 17 S., R. 25 E., | Total area 80.00 acres. T. 15 S., R. 27 E., Sec. 4. SW&NE&. Sec. 32, S%SE&, E%SW%; HOPKINS PRAIRIE CAMPGROUND ADDITION Sec. 33, W&SW&. Total area 40.00 acres. T-WS..R. 26 E., T. 16 S., R. 27 E., DOE POND CAMPGROUND Sec. 15.SW&NW&, SE&SW^. Sec. 5, NE&SE&, NE&NW&. T. 17 S., R. 26 E., ; Total area 80.30 acres. Total area 319.85 acres. Sec. 17.NE&NE&. JUNIPER PRAIRIE CAMPGROUND SQUAW POND CAMPGROUND Total area 40.14 acres. T.14S..R.26E., T. 16 S., R. 25 E., LAKE EGRET PICNIC SITE j 33, lots 2 and 3. Sec. 22, W%SE&, NE&SW&. T. 17 S., R. 28 E., , Total area 150.03 acres. Total area 120.67 acres. Sec. 2, S% lot 7.
ZAY PRAIRIE picnic SHE LONG POND CAMPGROUND Total area 40.00 acres. T,„15 s., R. 26 E., T. 16 S., R. 25 E., The areas described total in the aggre | Sec-5. lots 3 and 4. Sec. 27, W%W%; Sec. 28, E^NE%, NE&SE&. gate 4,466.40 acres. Total area 81.92 a cres. Total area 280.38 acres. John A. Carver, Jr., Turkey pen hammock campground TROUT POND PICNIC SITE Assistant Secretary of the Interior. W .R .2 5 E , T. 16 S.y R. 25 E., August 14,1964. [ ^ 6. lots 2 and 3. Sec. 32.NE14SE14. : Total area 83.39 acres. [F.R. Doc. 64-8415; Filed, Aug. 19, 1964; Total area 39.20 acres. 8:47 a.m.J 11920 RULES AND REGULATIONS
[Public Land Order 3434] 10:00 a.m. on February 13,1965, shall be antlers not less than three inches m [New Mexico 0450803] considered as simultaneously filed at that length. Parties of four hunters qualify! time. Rights under such applications ing under State regulations may kill on] NEW MEXICO and selections filed after that hour will deer of either sex during gun season. |1 be governed by the time of filing. (d) Methods of hunting: Withdrawal for Water Pumping and 4. The land has been open to applica (1) Weapons—It is unlawful to hunj Distribution Systems, Holloman Air tions and offers under the mineral leas deer with any .22 rim-fire rifle or anl Force Base ing laws. It will be open to location .410 bore shotgun or any shotgun 0] under the United States mining laws at - musket charge other than single ball 0] By virtue of the authority vested in 10:00 a.m. on February 13,1965. slug. Bows used must have a pull J the President and pursuant to Executive 5. Persons claiming preference rights not less than 30 pounds. Arrows useJ Order No. 10355 of May 26, 1952 (17 F.R. based upon valid settlement, statutory must have well-sharpened metal broal 4831), it is ordered as follows: preference or equitable claims must en head blades not less than seven-eightM Subject to valid existing rights, the close properly corroborated statements in of an inch long and not more than on! following-described public lands are support of their application setting forth and one-half inches in width. hereby withdrawn from all forms of ap all facts relevant to their claims. (2) Blinds—may be constructed cl propriation under the public land laws, Inquiries should be addressed to the dead materials only, no live trees on including the mining laws and from leas Manager, Land Office, Bureau of Land shrubs may be cut. ing under the mineral leasing laws, and Management, Portland, Oregon. (3) The carrying of firearms by bow reserved under the jurisdiction of the hunters is prohibited. Secretary of the Interior for the pro J ohn A. Carver, Jr. (e) Other provisions: tection of water pumping and distribu Assistant Secretary of the Interior. (1) The provisions of this special reg tion systems and sources of water supply August 14, 1964. ulation supplement the regulation! of the Department of the Air Force at which govern hunting on wildlife refugi Holloman Air Force Base: [P.R. Doc. 64r-8411; Piled, Aug. 19, 1964; 8:46 am.] areas generally which are set forth in New Mexico Principal Meridian Title 50, Code of Federal Regulations] T. 17 S., R. 10 E.f Part 32. Sec. 31, NE%SE%; (2) A Federal permit is not required S e c . 8 2 f N W i4N W % . to enter the public hunting area. Title 50— WILDLIFE AND (3) The provisions of this special reg Aggregating approximately 80 acres ulation are effective September 26 of public lands. FISHERIES through December 31,1964, J ohn A. Carver, Jr., Assistant Secretary of the Interior. Chapter I— Bureau of Sport Fisheries W. P. S chaefer, and Wildlife, Fish and Wildlife Acting Regional Director, Bureau < A ugust. 14,1964. Service, Department of the Interior of Sport Fisheries and Wildlife. I [PH. Doc. 64-8412; Piled, Aug. 19, 1964; 8:47 a.m.] PART 32— HUNTING August 13,1964. [P.R. Doc. 64-8439; Piled, Aug. 10, 196« Necedah National Wildlife Refuge, 8:49 a.m.] [Public Land Order 3433] Wisconsin [Oregon 010359] The following special regulation is is PART 32— HUNTING OREGON sued and is effective on date of publica Revocation of Certain Executive Order tion in the F ederal R egister. Clear Lake National Wildlife Refuge^ California By virtue of the authority vested in § 32.32 Special regulations; big game; the President by section 1 of the Act of for individual wildlife refuge areas. The following special regulation is isj June 25, 1910 (36 Stat. 847 ; 43 U.S.C. W isconsin sued and is effective on date of publica| tion in the F e d e r a l R e g ist e r . 141), and pursuant to Executive Order NECEDAH NATIONAL WILDLIFE REFUGE No. 10355 of May 26, 1952 (17 F.R. 4831), § 3 2 .3 2 Special regulations; b ig gamej it is ordered as follows: Public hunting of big game on the for individual wildlife refuge areas. 1. Executive Order No. 4121 of Janu Necedah National Wildlife Refuge, Wis ary 9, 1925, which withdrew the follow consin, is permissible only on the areas C a l if o r n ia ing-described land in the State of designated by signs as open to hunting. CLEAR LAKE NATIONAL WILDLIFE REFUGi Oregon in aid of legislation to authorize These open areas, comprising approxi mately 39,500 acres and 98 percent of Public hunting of big game on thq the use of such land for a fish hatchery, Clear Lake National Wildlife Refuga is hereby revoked: the total area of the refuge, are deline ated on a map available at the refuge California, is permitted only on the area Willamette Meridian headquarters and from the Regional Di designated by signs as open to huntm^ T. 39 S., R. 22 E., rector, Bureau of Sport Fisheries and and is delineated on a map av ailab le at Sec. 2, NE1/4 NW1/4 (now lot 3). Wildlife, Minneapolis, Minnesota. Hunt the refuge headquarters, Tule LaKe, ing shall be subject to the following California, and from the R e g io n a l Dire j Containing 39.70 acres. tor, Bureau of Sport Fisheries and w m 2. The land is situated in Lake County, conditions: life, 1002 NE. Holladay, Portland, or« Oregon, about 13 airline miles southeast (a) Species permitted to be taken: of the City of Lakeview. Topography White-tailed deer and unprotected ani gon, 97208. .... j,,rj mals including coyote, fox and skunk, Hunting of big game is permitted our is rough. Soils are shallow silty loam ing the period August 22 through 1 mixed with loose and solid rock. during the season specified below. The hunting of big game species as may be tember 6, 1964, in accordance with U| 3. Until 10:00 a.m. on February 13, applicable State regulations subject 1965, the State of Oregon shall have a otherwise authorized by Wisconsin State regulations is prohibited. the following special conditions, - I preferred right of application to select (a) Species permitted to be tax 1 the land as provided by R.S. 2276, as (b) Open season: Early bow season, amended (43 U.S.C. 852). On and after September 26 through November 17, Antelope. that date and hour the land shall become 1964; gun season, November 21 through (b) Other provisions: , , re01. subject to application, petition and November 29, 1964; late bow season, De 1. The provisions of selection generally, subject to valid exist cember 5 through December 31, 1964. lation supplement areas ing rights, the provisions of existing Hunting hours: from one-half hour be govern hunting on wildlife r e f u g 50, fore sunrise to sunset each day. generally which are set forth m withdrawals, and the requirements of ap Code of Federal Regulations, Part • w plicable law. All valid applications (c) Bag limit is one deer per person: Bow seasons, one deer of any age or sex; 2. A Federal permit is not requir wj except preference right applications pnt.er the oublic hunting area. from the State received at or prior to gun season, one deer, buck only, with Thursday, August 20, 1964 FEDERAL REGISTER 11921 3. The provisions of this special reguarea, comprising 57,215 acres, Is delin quarters, Vernal, Utah, and from the lation are effective to September 7, 1964. eated on a map available at the refuge office of the Regional Director, Bureau of headquarters, Las Cruces, New Mexico, Sport Fisheries and Wildlife, P.O. Box J . T . B a r n a b y , and from the office of the Regional Di 1306, Albuquerque, New Mexico, 87103. Acting Regional Director, Bureau rector, Bureau of Sport Fisheries and Hunting shall be in accordance with of Sport Fisheries and Wildlife. Wildlife, P.O. Box 1306, Albuquerque, all applicable State regulations covering August 13, 1964. New Mexico, 87103. Hunting shall be in the hunting of deer and antelope subject accordance with all applicable State to the following special conditions: IFR Doc. 64-8422; Piled, Aug. 19, 1964; regulations covering the hunting of deer (1) Hunting on Indian land east of 8:47 ajn.] subject to the following special Green River, as posted, requires the conditions: possession of a Ute Tribal permit. (1) Hunters must check in and out in (2) Hunting with bows and arrows PART 32— HUNTING person at the check station at the junc only is permitted. tion of U.S. 70 and Jornada Road. The (3) Every deer killed must be checked Chincoteague National Wildlife check station will be open to allow hunt out at refuge headquarters before Refuge, Virginia ers to start checking in during the late hunters leave the area. afternoon of December 4, 1964. Time The provisions of this special regula The following special regulation is is of entry to the hunting area will be at tion supplement the regulations which sued and is effective on date of pu b li the discretion of the conservation officer govern hunting on wildlife refuge areas cation in th e F ederal R egister. in charge. Entry permits required by generally which are set forth in Title 50, §32.32 Special regulations; big game; the military authorities will be available Code of Federal Regulations, Part 32, for individual wildlife refuge areas. at the check station. All hunters must and are effective through September 7, check out no later than 10:00 p.m. De 1964. Virginia cember 6, 1964. W illiam T. K rummes, CHINCOTEAGUE NATIONAL WILDLIFE REFUGE (2) No entry into the hunting area Acting Regional Director, Bureau of Sport Fisheries and Wildlife. The special' regulation permitting big, from the west will be permitted north of the Rope Springs road. Hunters will August 13, 1964. game hunting on the Chincoteague Na also not be permitted to enter the east tional Wildlife Refuge, Virginia, in side of the San Andres Range except at [F.R. Doc. 64-8424; Filed, Aug. 19, 1964; §32.32, published August 8, 1964 in the the discretion of the conservation officer 8:47 a.m.] Federal Register, Volume 29, No. 155, in charge.^; -i Page 11457, is amended to further re (3) The Refuge Manager in charge strict the species permitted to be taken may restrict the number of hunters and to modify the description of weapons entering any one area. If required by Title 49— TRANSPORTATION to be used as follows: Chapter I— Interstate Commerce (a) Species permitted to be taken: the firing schedule, hunters will be cleared from all areas whereon their Commission Sikadeer—any sex. safety is endangered. (b) Methods of hunting : SUBCHAPTER B— CARRIERS BY MOTOR VEHICLE (1) Weapons: 20 gauge shotgun or The provisions of this special regula larger loaded with slugs or buckshot, tion supplement the regulations which PART 187— FREIGHT RATE TARIFFS, No. 1 or larger; archers must use broad govern hunting on wildlife refuge areas SCHEDULES, AND CLASSIFICATIONS head arrows with blades at least Vs inch generally, which are set forth in Title wide and bows capable of propelling any 50, Code of Federal Regulations, Part 32, Released Rates on Household Goods arrow in their possession 125 yards. and are effective through December 6, In Part 49 CFR 187, § 187.201 as here The provisions of this spécial regula 1964. tofore published consists of the text of tion are effective to December 31, 1964. W illiam T . K rummes, Released Rates Order No. MC-2A en Acting Regional Director, Bureau tered January 29, 1948. That order was W. L. T ow n s, of Sport Fisheries and Wildlife. superseded by Released Rates Order No. Acting Regional Director, Bureau August 14, 1964. MC-2-B entered April 21, 1953. Accord of Sport Fisheries and Wildlife. ingly § 187.201 is corrected to reflect the [F.R. Doc. 64-8423; Filed, Aug. 19, 1964; provisions of the order of April 21, 1953. [F.R. Doc. 64-8425; Piled, Aug. 19, 1964; 8:47 ajn ] 8:47 a.m.] § 187.201 Released rates on household PART 32— HUNTING goods. (a) Establishment authorized; rate PART 32— HUNTING Ouray National Wildlife Refuge, Utah bases. Subject to the conditions speci San Andres National Wildlife Refuge, The following special regulation is is fied in paragraphs (b), (c) and (d) of New Mexico sued and is effective on date of publica this section, each motor common car tion in the F ederal R egister. rier performing the specialized service The following special regulation is of a household goods carrier is authorized § 32.32 Special regulations; big game; to establish and maintain by filing and issued and is effective on date of publi for individual wildlife refuge areas. cation in th e F ederal R egister. posting in the manner required by the U tah Interstate Commerce Act (49 U.S.C. § 32.32 Special regulations; big game; 20(11), 319), commodity rates for the for individual wildlife refuge areas. . OURAY NATIONAL WILDLIFE REFUGE transportation, and charges for acces N ew M exico Public hunting of deer from August sorial service in connection therewith, 22 through September 7, 1964, and ante of household goods, as defined in SAN ANDRES NATIONAL WILDLIFE REFUGE lope on the dates of August 22, 23, 24 and Practices of Motor Common Carriers of Public hunting of deer (either sex) on August 29, 30, 31, 1964, on the Ouray Household Goods, 17 M.C.C. 467, said the San Andres National Wildlife Ref National Wildlife Refuge, Utah, is per rates and charges to be applicable only uge, New Mexico, is permitted from De mitted but only on the area designated when the value declared by the shipper in cember 5 through December 6, 1964, in by signs as open to hunting. This open writing or agreed upon in writing as the clusive, only on the area designated by area, comprisihg 10,334 acres, is deline released value of the property is as fol signs as open to hunting. This open ated on maps available at refuge head- lows: No. 163------6 11922 RULES AND REGULATIONS
Released values Rate and Charge Basis Applicable to entire shipment: . Released to value not exceeding 30 cents per Base rate and charge. pound per article. Released to value exceeding 30 cents but not Not exceeding 110 percent of the base exceeding 75 cents per pound per article. , rate and charge. Released to value exceeding 75 cents but not Not exceeding 120 percent of the base exceeding $1.50 per pound per article. rate and charge. Applicable to specific articles in the shipment: If the value per pound declared on any specific article or articles exceeds the value per pound declared for the entire shipment as provided for above, an additional charge which shall not exceed two percent;(2%) of the total excess value declared for such article or articles may be made.
(b) Changes in rates. Changes may Commerce Commission in Released Rates be made in any rate or charge which may Order No. MC-2-B of April 21, 1953, subject be established under the authority of this to complaint or suspension. section, but the released valuations speci (d) Lawfulness of rates. The Com fied in this section may not be decreased, mission does not hereby approve the law nor may the percentages of increase in fulness, except under section 20(11) and the charge for excess released valuations section 219 of the Interstate Commerce (either for the entire shipment or for Act, of any rates or charges that may be specific articles) be made greater than filed under authority of this section. those specified herein, without the spe cific authority of the Commissioii. (Sec. 204, 49 Stat. 546, as amended, 49 U.S.C. (c) Authority for released rates must 304, interpret or apply sec. 219, as amended, 20, as amended, 49 Stat. 563, as amended, 24 he shown in tariff. Tariffs containing re Stat. 386, as amended, 49 U.S.C. 319, 20) leased rates and charges filed under the authority of this section shall show in [seal] Harold D. McCoy, connection therewith the following Secretary. notation: August 12, 1964. Rates and charges herein based on released [F.R. Doc. 64-8429; Filed, Aug. 19, 1964; value have been authorized by the Interstate 8:48 a.m.]
/ cur importer for the tax reduction on such (3), Tax Rate Extension Act 1959 ( 73 Stat. article or written consent has been obtained 158); sec. 201(c)(4), Federal-Aid Highway department of th e tr ea su r y from such dealer to allowance of such credit Act 1959 (73 Stat. 614; sec. 202(b) (3), Public Internal Revenue Service or refund. Debt and Tax Rate Extension Act 1960 (74 (2) Trucks and buses, tires, tubes, tread Stat. 291); sec. 206 (c) and (d), Federal-Aid [26 CFR Part 481 rubber, and gasoline. Where before Octo Highway Act 1961 (75 Stat. 127); sec. 3(b) ber 1, 1972, any article subject“ to the tax (3), Tax Rate Extension Act 1961 (75 Stat. FLOOR STOCKS REFUNDS OR CREDITS imposed by section 4061(a) (1), 4071(a) (1), 193; sec. 302(d) Tariff Classification Act 1962 (3), or (4), or 4081 has been sold by the (76 Stat. 77); sec. 3(b) (3) Tax Rate Exten Notice of Proposed Rule Making manufacturer, producer, or importer and on sion Act 1962 (76 Stat. 114); sec. 3(b)(1) such date is held by a dealer and has not (C), Tax Rate Extension Act 1963 (77 Stat. Notice is hereby given, pursuant to the been used and is intended for sale (or, in the 72); sec. 2, Excise-Tax Rate Extension Act Administrative Procedure Act, approved case of tread rubber, is intended for sale or 1964 (78 Stat. 237)) June 11, 1946, that the regulations set is held for use), there shall be credited or forth in tentative form below are pro refunded (without interest) to the manu § 48.6412—1 Refund or credit in respect posed to be prescribed by the Commis facturer, producer, or importer an amount of floor stocks. sioner of Internal Revenue, with the ap equal to. the difference between the tax paid by such manufacturer, producer, or importer (a) In general—(1) Refund or credit. proval of the Secretary of the Treasury on his sale of the article and the amount A manufacturer, producer, or importer or his delegate. Prior to the final adop of tax made applicable to such article on and who pays a tax imposed by section 4061 tion of such regulations, consideration after October 1,1972, if claim for such credit (a) (1) or (2 ), relating to motor ve will be given to any comments or sugges or refund is filed with the Secretary or his hicles, section 4071(a) (1), (3), or (4), tions pertaining thereto which are sub delegate on or before February 10, 1973, based relating to tires, tubes, or tread rubber, mitted in writing, in duplicate, to the upon a request submitted to the manufac or section 4081, relating to gasoline, Commissioner of Internal Revenue, At turer, producer, or importer before January 1, with respect to an article which is held 1973, by the dealer who held the article in tention: CC:LR, Washington, D.C., respect of which the credit or refund is by a dealer as floor stocks, as defined in 20224, within the period of 30 days from claimed, and, on or before February 10, 1973, paragraph (b) of this section, is entitled the date of publication of this notice in reimbursement has been made to such dealer to credit or refund of such tax to the the F ederal R egister. Any person sub by such manufacturer, producer, or importer extent provided by section 6412 of the mitting written comments or suggestions for the tax reduction on such article or Code and by this section. No interest is who desires an opportunity to comment written consent has been obtained from allowable with respect to any amount of orally at a public hearing on these pro such dealer to allowance of such credit or tax refunded or credited under section posed regulations should submit his re refund. No credit or refund shall be allow able under this paragraph with respect to 6412(a). quest, in writing, to the Commissioner gasoline in retail stocks held at the placé (2) Exception, (i) No refund or within the 30-day period. In such a case, where intended to be sold at retail, nor with credit is allowable under section 6412 a public hearing will be held, and notice respect to gasoline held for sale by a pro with respect to gasoline in retail stocks of the time, place, and date will be pub ducer or importer of gasoline. No credit held at the place where it is intended to lished in a subsequent issue of the F ed or refund shall be allowable under this para be sold at retail. For this purpose, gaso eral Register. The proposed regula graph with respect to inner tubes for bicycle line is considered to be in retail stocks, tions are to be issued under the authority tires (as defined in section 4221(e)(4)(B )). and no refund or credit is allowable contained in section 7805 of the Internal (3) [Deleted] under section 6412 with respect thereto, Revenue Code of 1954 (68A Stat. 917; 26 (4) Definitions. For purposes of this section— if the gasoline is held in those tanks U.S.C. 7805). (A) The term “dealer” includes a whole from which it is delivered directly [seal] Bertrand M. H arding, saler, Jobber, distributor, or retailer, or, in through gasoline pumps to the ultimate Acting Commissioner the case of tread rubber subject to tax under consumer. Gasoline is not considered as of Internal Revenue. section 4071(a)(4), includes any person held in retail stocks, however, if it is (other than the manufacturer, producer, or held in bulk storage tanks for replenish The following regulations are pre importer thereof) who holds such tread rub ment of the supply in the tanks serving scribed under section 6412 of the In ber for sale or use. the retail gasoline pumps, even though ternal Revenue Code of 1954, as amended, (B) An article shall be considered as “held by a dealer” if title thereto has passed to such such gasoline may be held in storage relating to floor stocks refunds in respect dealer (whether or not delivery to him has tanks or in tank cars on premises oc of certain articles subject to tax under been made), and if for purposes of consump cupied by a retail establishment. chapter 32 of such Code: tion title to such article or possession thereof (ii) No refund or credit is allowable § 48.6412 Statutory provisions; floor has not at any time been transferred to any under section 6412 with respect to gaso stocks refunds. person other than a dealer. line held for sale by a producer or im (b) Limitation on eligibility for credit or Sec. 6412. Floor stocks refunds—(a) In refu n d. No manufacturer, producer, or im porter of gasoline. general—(1) Passenger automobiles, etc. porter shall be entitled to credit or refund (iii) No refund or credit is allowable Where before July 1, 1965, any article sub under subsection (a) unless he has in his under section 6412 with respect to inner ject to the tax imposed by section 4061(a) possession such evidence of the inventories tubes for bicycle tires, as defined in sec (2) has been sold by the manufacturer, pro with respect to which the credit or refund is tion 4221(e)(4)(B). ducer, or importer and on such date is held claimed as may be required by regulations (jv) No refund or credit is allowable by a dealer and has not been used and is prescribed under this section. under section 6412(a) for an amount intended for sale, there shall be credited or (c) Other laws applicable. All provisions refunded (without interest) to the manu of law, including penalties, applicable in re paid as tax which may be refunded or facturer, producer, or importer an amount spect of the taxes imposed by section 4061, credited under any provisions of law equal to the difference between the tax paid 4071, and 4081 shall, insofar as applicable and other than section 6412(a). by such manufacturer, producer, or importer not inconsistent with subsections (a) and (3) Other provisions applicable. All on his sale of the article and the amount of (b) of this section, apply in respect of the provisions of law, including penalties, ap tax made applicable to such article on and credits and refunds provided for in subsec plicable in respect of the taxes imposed after July l, 1965, if claim for such credit tion (a) to the same extent as if such credits or refund is filed with the Secretary or his by sections 4061, 4071, and 4081 shall, in or refunds constituted overpayments of such sofar as applicable and not inconsistent delegate on or before November 10, 1965, taxes. based upon a request submitted to the man (d) [Deleted] with section 6412, apply in respect of ufacturer, producer, or importer before Oc (e) Cross reference. For floor stocks re the refunds and credits provided for in tober l, 1965, by the dealer who held the funds in case of certain alcohol and tobacco section 6412(a) tQ the same extent as if article in respect of which the credit or re taxes, see sections 5063 and 5707. the refunds and credits constituted over told is claimed, and, on or before November f0, 1965, reimbursement has been made to (Sec. 6412 as amended and in effect Jan. 1, payments of the taxes. For provisions such dealer by such manufacturer, producer. 1959, and as further amended by sec. 8(b) relating to the imposition of the taxes, 11923 11924 PROPOSED RULE MAKING see Subpart H of the regulations in this (c) Participation of dealers. Before credit is claimed the amount thereof part. For provisions under which timely the dealer request limitation date a shall be entered as a credit on a timely- mailing is treated as timely filing, and for dealer may submit to a manufacturer, filed return of tax under chapter 32 and provisions applicable to the time for producer, or importer a request for an a claim on Form 843 is not required. performance of acts when the last day amount representing the refund or credit (2) Supporting evidence to be sub falls on Saturday, Sunday, or a legal allowable under section 6412(a) for tax mitted. No refund or credit shall be holiday, see §§ 301.7502-1 and 301.7503- paid by such manufacturer, producer, or allowed unless there is submitted in sup 1 of this chapter, respectively (Regula importer with respect to articles held by port of the claim for refund or credit, a tions on Procedure and Administration). such dealer as floor stocks. No amount statement, signed by the person making (b) Definitions. For purposes of this of refund or credit under section 6412(a) the claim, that describes in general section—(1) Article. The term “article” may be claimed by a manufacturer, pro terms the articles covered by the «ini™ includes gasoline. ducer, or importer with respect to arti sets forth the computation of the amount (2) Floor stocks. The term “floor cles held by a dealer as floor stocks un claimed, and establishes that— stocks” means any article subject to a less— (i) The claimant paid the tax, credit tax referred to in section 6412(a) which (1) The claim for such amount is or refund of which is claimed, to the (i) is sold by the manufacturer, producer, based on a request for payment sub district director; or importer thereof before the date mitted by the dealer to the claimant (ii) The total amount claimed repre (designated in section 6412(a)) on before the dealer request limitation date; sents payments requested by dealers be which such tax is reduced in rate or is and fore the dealer request limitation date; terminated, (ii) is held by a dealer on (2) Such amount is paid by the claim (iii) Before the claim is filed, the total the first moment of such date and has not ant to the dealer, or the dealer’s written amount claimed either was paid by the been used, and (iii) is intended for sale consent to allowance of the refund or claimant to such dealers, or the claimant (or, in the case of tread rubber, is in credit has been received by the claimant received the written consent of the tended for sale or is held for use). on or before the claim limitation date. dealers to the allowance of the amount (3) Dealer. The term “dealer” in claimed; cludes a wholesaler, jobber, distributor, Payment may be made directly to the (iv) The claimant has in his posses or retailer, or, in the case of tread rub dealer by the claimant or by. the claim sion, and available for inspection by ber subject to tax under section 4071(a) ant's authorized agent or representative. internal revenue officers, the evidence (4), includes any person (other than the Payment may also be made to the deal with respect to inventories required by manufacturer, producer, or importer er’s agent or representative authorized paragraph (e) of this section, and any thereof) who holds such tread rubber for by him to receive the payment. Where a written consents referred to in subdivi sale or use. claimant pays a dealer through the sion (iii) of this subparagraph; and (4) Held by a dealer. An article is claimant’s agent or representative the (v) No other claim for refund or credit considered as “held by a dealer” if title evidence must show that the dealer ac under section 6412(a) has been, or will to the article has passed to the dealer tually received the payment. Where a be, made with respect to any article (whether or not delivery to him has been dealer authorizes the claimant to pay covered by the claim. him through the dealer’s agent, evidence made), and if for purposes of consump In addition, the statement shall show the. tion title to such article or possession showing payment to such agent by the claimant will be accepted as proof of amount and date of filing of each previ thereof has not at any time been trans ous or concurrent claim for refund or ferred to any person other than a dealer. actual payment to the dealer. Payment shall be made, at the dealer’s option, in credit under section 6412(a). For example, an article which is mort (3) Computation, (i) Subject to the gaged by a dealer to a finance company cash, other merchandise, or by credit to the dealer’s account as maintained by conditions set forth in this section, the as security for a loan is considered as amount of credit or refund of tax which held by the dealer even though he trans the claimant. The amount of the pay ment which may be made by crediting may be claimed by a manufacturer, pro fers title or possession to the finance ducer, or importer pursuant to section company, because the article is not so such account may not exceed the debit balance shown therein at the time pay 6412(a) with respect to articles held as transferred for purposes of consumption. floor stocks is an amount equal to the If a dealer has title to an article, the ment is made. The date on which any act described in this paragraph is per difference between such tax paid by him article is regarded as held by him even at the old rate on his sale of such articles though it is in transit, in storage, or at formed by an agent on behalf of a claim ant or dealer shall be deemed to be the and the tax, if any, which would be im a distribution point. If title does not posed at the new rate on the sale of such pass until delivery, an article in transit date on which the act is performed by the principal. For provisions relating articles. The amount to be refunded or is considered to be held by the shipper. credited under this section, however, (5) Old rate. The term “old rate” to the record of dealer’s inventories to be kept by the claimant see paragraph shall in no case exceed the sum of— means the rate of tax in effect with re (e) (2) of this section. (a) The total amount which such spect to the sale of an article before the manufacturer, producer, or importer date (designated in section 6412(a) ) on (d) Claim for refund or credit—(1) In general. Each claim for refund or p§,ys to dealers on or before the claim which such tax is reduced in rate or is limitation date pursuant to requests re terminated. credit under section 6412(a) shall be filed on or before the applicable claim ceived from the dealers before the dealer (6) New rate. The term “new rate” limitation date, in the manner and sub request limitation date, and means the rate of tax, if any, in effect ject to the conditions stated in this (b) The total amount covered by with respect to the sale of an article on section and in § 301.6402-2 of this chap written consents received on or before the or after the date (designated in section ter (Regulations on Procedure and Ad claim limitation date, from dealers whose 6412(a)) on which such tax is reduced ministration) . Either refund or credit, requests for payments are received before in rate or is terminated. or both, may be claimed, but the amount the dealer request limitation date, but to (7) Dealer request limitation date. which may be claimed as credit on a whom payment is not made on or before The term “dealer request limitation return shall not exceed the total tax lia the claim limitation date. date” is the date which appears at the bility shown on the return, reduced by For provisions relating to payments to end of the phrase “based upon a request the amount of any depositary receipts submitted to the manufacturer, pro dealers, and consents from dealers, see accompanying the return, and by any paragraph (c) of this section. ducer, or importer before” as that phrase amount of credit claimed on the return (ii) For purposes of the computation appears in the applicable paragraph of pursuant to any provision of law other of the amount of the credit or refund, section 6412(a). than section 6412(a). If the total the tax paid by the claimant at the oia (8) Claim, limitation date. The term amount which may be claimed exceeds rate should be determined in accordance “claim limitation date” means the last the amount that may be claimed as credit with the regulations in this part relating date (designated in section 6412(a)) on on a return, the excess amount may be thereto. If it is impracticable to ascer which refund or credit with respect to claimed on or before the applicable claim tain the actual tax paid with respect t floor stocks may be claimed by a manu limitation date either as a’refund or as an article, the claimant may determin facturer, producer, or importer. a credit on a subsequent return. If the amount of tax on the basis of any Thursday, August 20, 1964 FEDERAL REGISTER 11925 other method acceptable to the Internal the new rate of tax unless the claimant Ponca Tribe. All available records will Revenue Service. Any request for ap can establish that the tax was imposed be used in determining degree of Indian proval of such a method shall be sub at the old rate and that no refund or blood of the Ponca Tribe possessed by mitted to the office of the district direc credit under section 6412 was allowed descendants. tor of internal revenue with whom the with respect to the articles. * * * * * claimant will file the claim for refund [FJJ. Doc. 64-8441; Filed, Aug. 19, 1964; 3. Section 43a.5(b) (2) is amended to or credit, in sufficient time for approval 8:49 a.m.] conform the wording in reference to In or disapproval of the method before the dian blood to the wording of the Act, time fixed for filing the claim. If the supra. As so amended, § 43a.5 (b)(2) amount of tax is determined on a basis reads as follows: other than the actual tax paid on each DEPARTMENT OF THE INTERIOR ***** article, the basis on which the amount Bureau of Indian Affairs § 4 3 a .5 . Application forms. of tax is computed must be determined (b) Among other information, each in accordance with the provisions of law, [ 25 CFR Part 43a 1 including section 4216, applicable in application requires: determining the price of articles and MEMBERSHIP ROLL OF PONCA TRIBE (2) Degree of Indian blood of the Ponca Tribe. of the regulations relating thereto. The OF NATIVE AMERICANS OF NE ***** basis used in determining the total tax BRASKA paid at the old rate shall also be used 4. Section 43a.ll(a) is amended for in determining the tax which would be Notice of Proposed Rule Making the same purpose as shown in Item 3, imposed at the new rate. above. As so amended, §43a.ll(a) Notice is hereby given that pursuant reads as follows: (e) Evidence to be retained—(1) In to the Act of September 5, 1962 (76 Stat. general. Every person filing a claim for 429), it is proposed to amend §§43a.l, § 43a.11 Preparation of final roll. refund or credit pursuant to this section 43a.3, 43a.5, and 43a.ll of Title 25, Code (a) When final determinations have shall support the claim by keeping as of Federal Regulations to read as set part of his records the evidence required been made by the Secretary on all ap by this paragraph. For other provisions forth below. The purpose of the amend peals, the Commissioner shall prepare a relating to records, and to the period ment is to conform certain language in final roll of the tribe. The final roll for retention of records, see the regula the regulations to the language used in shall contain for each person the final tions in this part under section 6001. the Act, supra, regarding reference to roll number, proposed roll number, (2) Inventories., Every person filing blood degree of the Ponca Tribe of Na name, address, sex, date of birth, and a claim under section 6412(a) shall tive Americans of Nebraska, and to more degree of Indian blood of the Ponca retain inventories of all floor stocks of fully reflect the intent of the Congress Tribe. There shall also be provided a articles held by dealers, to the extent as to Indians eligible to enroll as mem “remarks” column for the purpose of that the articles are covered by the claim, bers of the Tribe. identifying thé enrollee through whom including such descriptions, model num It is the policy of the Department of enrollment rights were established. bers, and the like, as may be appropriate the Interior, whenever practicable, to * * * * * for identification of thé articles. *In afford the public an opportunity to par J ohn A. Carver, Jr., addition, the claimant shall retain a ticipate in the rule making process. Assistant Secretary of the Interior. record, in respect of such articles held Accordingly, interested persons may sub August 14,1964. by each dealer, showing (i) the name mit written comments, suggestions, or and address of the dealer, (ii) the objections with respect to the proposed [F.R. Doc. 64-8421; Filed, Aug. 19, 1964; quantities of articles held by the dealer amendments to the Bureau of Indian 8:47 am.] as floor stocks, (iii) the amount of tax Affairs, Washington, D.C., 20240, within paid by the claimant on the sale of such thirty days of the date of publication of articles, and (iv) the amount of tax this notice in the F ederal R egister. which the claimant would pay on the 1. Section 43a.l(i) is amended to in DEPARTMENT OF AGRICULTURE clude all descendants of enrolled mem sale of such articles if the tax; were Agricultural Marketing Service computed at the new rate. For provi bers in the definition for “descendants.” sions relating to the determination of As so amended, §43a.l(i) reads as [ 7 CFR Part 926 1 follows: the amount of tax, see paragraph (d) (3) TOKAY GRAPES GROWN IN SAN (ii) of this section. § 43a.1 Definitions. JOAQUIN COUNTY, CALIFORNIA (3) Requests for payments, and pay As used in this Part 43a: ments or consents. Every person filing * * * * * Proposed Approval of Expenses and a claim under section 6412(a) shall re Fixing of Rate of Assessment for tain a record, in respect of each dealer Xi) “Descendants” means those per who held articles covered by the claim, sons who have issued from an enrollee 1964—65 Fiscal Year showing (i) the name and address of and include the enrollee’s children, Consideration is being given to the the dealer, (ii) the date on which the grandchildren, and so on, who possess following proposals submitted by the claimant received from the dealer a at least one-fourth degree of Indian Tokay Industry Committee, established request for payment as set forth in para blood of the Ponca Tribe. under the marketing agreement, as graph (c) of this section, and (iii) the 2. Sections 43a.3(a) (1) and (2) are amended, and Order No. 926, as date and amount of each payment to a amended to further define eligibility for amended (7 CFR Part 926), regulating dealer, or the date of receipt by the enrollment more fully reflecting the in the handling of Tokay grapes grown in claimant from the dealer of written con tent of the Congress in the Act, supra. San Joaquin County, in California, ef sent, as set forth in paragraph (c) of As so amended, §43a.3(a) (1) and (2) fective under the applicable provisions this section. In addition, the claimant read as follows: of the Agricultural Marketing Agree shall retain any such written consent ment Act of 1937, as amended (7 U.S.C. 8s a part of his records. § 43a.3 Eligibility for enrollment. 601-674), as the agéncy to administer (f) Effect on other claims for refund (a) The following shall be eligible for the terms and provisions thereof : or credit. If a claim for credit or refund enrollment: (a) That the Secretary of Agriculture jsmade pursuant to section 6416 (relat (1) Those persons whose names ap find that expenses that are reasonable ing in part to returned sales, sales for pear on the census roll of April I,jl934, and likely to be incurred by said com export or for exempt use, sales to States, and the January 1, 1935, supplement mittee," during the fiscal period begin etc.) with respect to a tax imposed by thereto, or are entitled to appear thereon, ning April 1, 1964, and ending March 31, section 4061(a) (1) or (2 ), 4071(a) (1), and who were living on September 5, 1965, to enable it to perform its func w , or (4), or section 4081, and if the 1962. tions in accordance with the provisions laim is made with respect to articles (2) Descendants, regardless of resi of the said amended marketing agree sold by the claimant before the date on dence, who were living on September 5, ment and order will amount to $42,526. hich the tax “is reduced in rate or is 1962, and who possess not less than one- (b) That the Secretary of Agriculture nnmated, the claim shall be based on fourth degree of Indian blood of the fix, as the share of such expenses which 11926 PROPOSED RULE MAKING
each handler who first handles Tokay Notice PN-15, dated July 3, 1961, the grapes shall pay as his pro rata share CIVIL AERONAUTICS BOARD undersigned hereby extends the date for during the fiscal period ending March submitting comments on the subject 31, 1965, in accordance with the appli [1 4 CFR Part 241 1 proposal until September 15, 1964. All. cable provisions pf said amended mar [Economic Reg. Docket No. 14790] relevant matter in communications re keting agreement and order, the rate of ceived on or before that date will be assessment of twelve mills ($0,012) per UNIFORM SYSTEM OF ACCOUNTS considered by the Board before taking standard package, or equivalent quantity AND REPORTS FOR CERTIFICATED action on this proposal. Copies of such handled by such handler during such ROUTE AIR CARRIERS communications will be available for ex fiscal period. amination'by interested persons in the (c) Terms used in the amended marProposed Accounting for Investment Docket Section of the Board, Room 711, keting agreement and order, shall, when Tax Credits; Supplemental Notice Universal Building, 1825 Connecticut used herein, have the same meaning as Avenue. NW., Washington, D.C., upon is given to the respective term in said August 17, 1964. receipt thereof. amended marketing agreement and The Board, by publication in 28 F.R. 10785 and by circulation of a notice of (Sec. 204(a) and 1001 of the Federal Avia order. tion Act of 1958, 72 Slat. 743 and 788- 49 All persons who desire to submit writ proposed rule making, EDR-61, dated U.S.C. 1324 and 1481) ten data, views, or arguments in connec October 2, 1963, gave notice that it had tion with the aforesaid proposals shall under consideration proposed amend By the Civil Aeronautics Board. file the same, in quadruplicate, with the ments to Part 241 of the Economic Reg [seal] Arthur H. S imms, Hearing Clerk, United States Depart ulations (Uniform System of Accounts Associate General Counsel, ment of Agriculture, Room 112, Adminis and Reports for Certificated Air Car Rules and Special Counsel Division. riers) to prescribe accounting require tration Building, Washington, D.C., [F.R. Doc. 64-8483; Filed, Aug. 19, 1964; 20250, not later than the 10th day after ments for investment tax credits under 8:50 a.m.] the publication of this notice in the section $8 of the Internal Revenue Code. F ederal R egister. All written submis Since these proposals were based upon sions made pursuant to this notice will provisions of the Revenue Act of 1962, be made available for public inspection and since the Revenue Act of 1964 (Pub at the office of the Hearing Clerk during lic Law 88-272) modified the 1962 Act FEDERAL AVIATION AGENCY regular business hours (7 CFR 1.27(b)). with respect to the investment tax credit, [1 4 CFR Part 71 [New] ] Dated: August 17, 1964. the Board revised its proposed amend ments and issued a supplemental notice [Airspace Docket No. 64-SO-17] P aul A. Nicholson, of proposed rule making, EDR-61B, FEDERAL AIRWAYS Acting Director, Fruit and dated July 9, 1964, which was circulated Vegetable Division, Agricul and published in 29 F.R. 9540. Inter Proposed Realignment tural Marketing Service. ested persons were invited to participate The Federal Aviation Agency is con [F.R. Doc. 64-8454; Filed, Aug. 19, 1964; in the rule making proceeding by the sidering amendments to Part 71 [New! 8:50 a.m.] submission of ten (10) copies of written of the Federal Aviation .Regulations data, views or arguments pertaining to which would realign VOR Federal Air the revised proposed amendments, ad way No. 176 between Holly Springs, Miss., DEPARTMENT OF HEALTH, EDU dressed to the Docket Section, Civil and Birmingham, Ala., via a new VOR Aeronautics Board, Washington, D.C., to be established near Hamilton, Ala., 20428, on or before August 12,1964. The at latitude 34° 11'42" N., longitude CATION, AND WELFARE time for filing comments was subse 88°00'45" W., and redesignate the Ham Food and Drug Administration quently extended to August ,26, 1964, by ilton intersection reporting point at the EDR-61C (29 F.R. 11501). Hamilton VOR. [ 21 CFR* Part 15 1 Inquiries received from industry rep Victor 176 is presently designated in CEREAL FLOURS AND RELATED resentatives indicate that there may be part from Holly Springs direct to Bir PRODUCTS some misunderstanding of the alterna mingham. The proposed realignment tive accounting procedure for the in would be from Holly Springs, via Hamil Extension of Time for Comments on vestment tax credit proposed in EDR- ton, the intersection of Hamilton 122° Amendments Proposed by Millers 6 IB. It is understood that the alterna and the Birmingham 298° True radials National Federation tive accounting has been interpreted in to Birmingham. Designation of Victor some cases as representing an extension 176 via the new VOR would provide more By an announcement of proposed rule- of, or addition to, the accounting re precise navigation between Holly Springs making published in the F ederal R egis quirement set forth in the proposed rule. and Birmingham, and would allow the ter of June 6, 1964 (29 F JR. 7392) inter The intent was, and is, that the alterna minimum en route altitude to be lowered ested persons were invited to file com tive would be in lieu of the rule proposed. from 4,000 feet to 2,000 feet. The pres ments on proposed amendments of the In other words, two completely inde ent alignment of Victor 176 north alter standards for wheat flour proposed in a pendent, alternative methods are ad nate between these points wiould be re petition filed by The Millers National vanced. Under the proposed method, tained. Federation. The petitioners have now investment tax credits would be taken Interested persons may submit such requested that this time be extended. into income only as realized in settle written data, views orAarguments as they Accordingly, it is ordered, That the time ment of tax liabilities. Under the alter may desire. Communications should be for filing comments on the subject pro native method, on which particular submitted in triplicate to the Director, posal be extended to September 1, 1964. comment was invited, total estimated Southern Region, Attn: Chief, Air Traf This action is taken pursuant to the tax credits which become available and fic Division, Federal Aviation Agency, provisions of the Federal Food, Drug, and are reasonably expected to be realized P.O. Box 20636, Atlanta, Ga., 30320. AU Cosmetic Act (secs. 401, 701, 52 Stat. within the carry-over period, would be communications received within forty- 1040, 1055 as amended; 21 U.S.C. 341, taken up as deferred credits and amor five days after publication of this notice 371), and the authority delegated to the tized ratably over the current year and in the F ederal R egister will be consid Commissioner of Food and Drugs by the the five-year carry-forward period. ered before action is taken on the pro Secretary of Health, Education, and In view of the apparent misunder posed amendment. No public hearing Welfare (21 CFR 2.90; 29 F.R. 471). standing as to the nature of the alter is contemplated at this time, but ar Dated: August 13, 1964. native proposal, the undersigned finds rangements for informal conferences that good cause has been shown for with Federal Aviation Agency officials G eo. P. Larrick, extending the time for filing comments may be made by contacting the Regional Commissioner of Food and Drugs. on EDR-61B. Air Traffic Division Chief, or the Chiei, [F.R. Doc. 64-8426; Filed, Aug. 19, 1964; Accordingly, pursuant to authority Airspace Regqlations and Procedures 8:48 a.m.] delegated under section 7.3C of Public Division, Federal Aviation Agencyi ) Thursday, August 20, 1964 FEDERAL REGISTER 11927
Washington, D.C. Any data, views or space Regulations and Procedures Divi rately state each service to be rendered arguments presented during such con sion, Federal Aviation Agency, Washing and the charge therefor. * * * ferences must also be submitted in writ ton, D.C. Any data, views or arguments It is proposed by petitioner that the ing in accordance with this notice in presented during such conferences must period following “therefor” be stricken order to become part of the record for also be submitted in writing in accord and the following language, preceded by consideration. The proposal contained ance with this notice in order to become a comma, added: Provided, That such in this notice may be changed in the part of the record for consideration. tariffs may state an hourly labor charge light of comments received. The proposal contained in this notice may applicable to miscellaneous labor service The official Docket will be available be changed in the light of comments performed at the request of a shipper in for examination by interested persons received. connection with the transportation, at the Federal Aviation Agency, Office The official Docket will be available when a rate is not separately stated in of the General Counsel: Attention Rules for examination by interested persons at the tariff for the service so requested.” Docket, 800 Independence Aye. SW., the Federal Aviation Agency, Office of It is further ordered, That any inter Washington, D.C., 20553. An informal the General Counsel: Attention Rules ested parties, including shippers or car docket will also be available for exami Docket, 800 Independence Ave. SW., riers of any mode, whether or not sub nation at the office of the Regional Air Washington, D.C., 20553. An informal ject to the Interstate Commerce Act, be, Traffic Division Chief. docket will also be available for exami and they are hereby, invited to submit to This amendment is proposed under nation at the office of the Regional Air this Commission, on or before September section 307(a) of the Federal Aviation Traffic Division Chief. 22, 1964, written representations con Act of 1958 (72 Stat. 749; 49^U.S.C. This amendment is proposed under sisting of an original and 20 copies, set 1348). section 307(a) of the Federal Aviation ting forth their views. Replies thereto Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). must be filed on or before October 22, Issued in Washington, D.C., on August 1964. 12,1964. Issued in Washington, D.C., on August 12,1964. And it is further ordered, That a copy R obert G. Carnahan, R obert G. Carnahan, of this order be served on the Public Acting Chief, Airspace Regula Acting Chief, Airspace Regula Utility Commissions or Boards, or simi tions and Procedures Division. tions and Procedures Division. lar regulatory bodies, of each State hav ing jurisdiction over transportation by [Pil. Doc. 64-8401; Filed, Aug. 19, 1964; [F .R . Doc. 64-8402; Filed, Aug. 19, 1964; 8:45 am .] motor common carrier; that a copy be 8:45 a.m.] posted in the office of the Secretary of the Interstate Commerce Commission [ 14 CFR Part 71 [New] ] for public inspection, and that a copy be delivered to the Director, Office of the [Airspace Docket No. 63-SO-23] INTERSTATE COMMERCE Federal Register, for publication in the F ederal R egister as notice to all inter TRANSITION AREA COMMISSION ested parties. Proposed Alteration [ 49 CFR Part 1761 By the Commission, division 2. [Ex Parte MO-19 (Sub-No. 1) ] Notice is hereby given that the Fed [seal] Harold D. McCoy, eral Aviation Agency (FAA) is consider PRACTICES OF MOTOR COMMON Secretary. ing an amendment to Part 71 [New] of CARRIERS OF HOUSEHOLD [FB. Doc. 64-8430; Filed, Aug. 19, 1964; the Federal Aviation Regulations, the 8:48 a.m.] substance of which is stated below. GOODS— ACCESSORIAL AND TER The FAA has under consideration a MINAL SERVICES proposal submitted by the Air Transport Notice of Proposed Rule Making Association of America requesting the designation of controlled airspace so as At a session of the Interstate Com SMALL BUSINESS ADMINISTRA to provide protection for scheduled air merce Commission, Division 2, held at carrier flights which operate directly its office in Washington, D.C., on the TION between Holly Springs, Miss., and Tu 5th day of August A.D. 1964. [ 13 CFR Part 121 ] pelo, Miss. Accordingly, the FAA pro It appearing, that the Household poses to alter the Tupelo transition area Goods Carriers’ Bureau filed a petition [Rev. 4] to include the airspace northwest of on June 16, 1964, requesting the institu Tupelo extending upward from 1,200 tion of a rule-making proceeding under SMALL BUSINESS SIZE STANDARDS feet above the surface bounded on the modified procedure for the purpose of Proposed Definition of Small Business northeast by a line 4 -nautical miles amending § 176.4 of the Code of Federal for Marine Cargo Handling Industry southwest of and parallel to the Holly Regulations, 49 CFR 176.4 (Accessorial Springs, Miss., VOR 115* True radial, or terminal services; tariffs providing Notice is hereby given that the Admin on the southeast by the Tupelo 18 stat therefor; packing and uncrating istrator of the Small Business Admin ute mile radius area, on the southwest charges), as hereinafter described, to istration proposes, for the purpose of by a line 4 nautical miles southwest of which no replies were filed. Government procurement, to amend the and parallel to the Holly Springs VOR It is ordered, That (1) the petition be, Small Business Size Standards Regula 133° True radial and on the west , by the and it is hereby, granted, and (2 ) a tion (Revision 4) by establishing a spe Memphis, Term., transition area. proceeding be, and it is hereby, insti cific definition of a small business con Interested persons may submit such tuted under the authority of Part n of cern in the marine cargo handling in written data, views or arguments as they the Interstate Commerce Act (section dustry (Standard Industrial Classifica may desire. Communications should be 217) and section 4 of the Administrative tion Industry No. 4463). submitted in triplicate to the Director, Procedure Act for the purpose of de The present small business size stand southern Region, Attn: Chief, Air Traf- termining to what extent § 176.4 should ard for bidding on Government contracts 5C "todsion, Federal Aviation Agency, be amended. As here pertinent said lor marine cargo handling is a concern I' O. Box 20636, Atlanta, Ga., 30320. All section reads as follows: which, including its affiliates, has total communications received within forty- (a) Such common carriers shall es average annual receipts of $1 million or itw u ys a^ er Publication of this notice tablish in the manner prescribed in less for the preceding three fiscal years. the Federal R egister will be con- section 217 of Part n of the Interstate The marine cargo handling industry aered before action is taken on the pro- Commerce Act, and the rules and regu consists of concerns engaged in activi poseu amendment. No public hearing lations issued pursuant thereto, the ties directly related to marine cargo j, contemplated at this time, but ar- charges to be made for each accessorial handling from the time cargo, for or p rigrn®nts for informal conferences with or terminal service rendered in connec from a vessel, arrives at shipside, dock, m„.era. Aviation Agency officials may be tion with the transportation of house pier, terminal, staging area, or intransit Troifi ^ contacting the Regional Air hold goods by motor vehicle. The tariffs area until cargo loading or unloading ATamc Division Chief, or the Chief, Air establishing such charges shall sepa operations are completed. This industry 11928 PROPOSED RULE MAKING includes ship hold cleaning, and the employees of 500 or less for the preceding is hereby further amended by adding operation and maintenance of piers, four calendar quarters. new subparagraph (2) to paragraph (e) docks, and associated buildings and facil Interested persons may file with the of § 121.3-8 thereof to read as follows: ities. Small Business Administration within Economic data presently available to thirty days after publication in the § 121.3-8 Definition of Small Business the Small Business Administration F ederal R egister, written statements of for Government Procurement. (SBA) shows that the present $1 mil facts, opinions, or arguments concerning * * * * * lion small business size standard for this the proposed change. (e) Services. * * * industry is too low. All correspondence shall be addressed (2) Any concern bidding on a contract Based on a recent study, SBA has de to: for marine cargo handling services is termined that a more appropriate defini classified as small if its number of em Office of Economic AdViser, Small Business ployees does not exceed 500 persons. tion of a small business for the purpose Administration, Washington, D.C. 20416. of Government procurements for marine * * * * * cargo handling contracts would be a con It is proposed to establish the defini cern with average employment not ex tion of a small business in the marine Dated: August 12, 1964. ceeding 500 persons. Therefore, it is pro cargo handling industry as follows: Eugene P. F oley, posed to define a concern in such in The Small Business Size Standards Administrator. dustry as a small business if, together Regulation (Revision 4) (29 F.R. 86), as [F.R. Doc. 64-8324; Filed, Aug. 19, 1964; with its affiliates, it has total average amended (29 F.R. 2988, 3222, 6945, 7312) , 8:51 am.)
\ Notices
and Section 161 of the Act with respect to transfer possession or control of such prod byproduct materials, source materials, and uct except pursuant to a license or an ATOMIC ENERGY COMMISSION special nuclear materials in quantities not exemption from licensing issued by the STATE OF KANSAS sufficient to form a critical mass; and Commission. Whereas, The Governor of the State of Article IV. This Agreement shall not Proposed Agreement for Assumption Kansas is authorized under Chapter 290 of affect the authority of the Commission under of Certain AEC Regulatory Authority the 1963 Session Laws of the State of Kansas subsection 161 b. or i. of the Act to issue to enter into this Agreement with the Com rules, regulations, or orders to protect the Notice is hereby given that the U.S. mission; and common defense and security, to protect re Atomic Energy Commission is publishing Whereas, The Governor of the State of stricted data or to guard against the loss or for public,comment, prior to action there Kansas certified on July 24, 1964, that the diversion of special nuclear material. on, a proposed agreement received from State of Kansas (hereinafter referred to as A rticle V„ The Commission will use its the State) has a program for the control of best efforts to cooperate with the State and the Governor of the State of Kansas for radiation hazards adequate to protect the other agreement states in the formulation of the assumption of certain of the Com public health and safety with respect to the standards and regulatory programs of the mission’s regulatory authority pursuant materials within the State covered by this State and the Commission for protection to section 274 of the Atomic Energy Act Agreement, and that the State desires to as against hazards of radiation and to assure of 1954, as amended. sume regulatory responsibility for such ma that State and Commission programs for pro A résumé, prepared by the State of terials; and tection against hazards of radiation will be Kansas and summarizing the State’s Whereas, The Commission found on coordinated and compatible. The State will ------that the program of the State use its best efforts to cooperate with the proposed program, was also submitted for the regulation of the materials covered Commission and other agreement states in to the Commission and is set forth below by this Agreement is compatible with the the formulation of standards and regulatory as an appendix to this notice. Attach Commission’s program for the regulation of programs of the State and the Commission ments referenced in the appendix are such materials and is adequate to protect for protection against hazards of radiation included in the complete text of the the public health and safety; and and to assure that the State’s program will program. A copy of the program, in Whereas, The State recognizes the desira continue to be compatible with the program cluding proposed Kansas regulations, is bility and importance of maintaining con of the Commission for the regulation of like tinuing compatibility between its program materials. The State and the Commission available for public inspection in the and the program of the Commission for the will use their best efforts to keep each other Commission’s Public Document Room, control of radiation hazards in the interest informed of proposed changes in their re 1717 H Street NW, Washington, D.C., or of public health and safety; and spective rules and regulations and licensing, may be obtained by writing to the Direc Whereas, The Commission and the State inspection and enforcement policies and cri tor, Division of State and Licensee Re recognize the desirability of reciprocal rec teria, and to obtain the comments and as lations, U.S. Atomic Energy Commission, ognition of licenses and exemption from li sistance of the other party thereon. censing of those materials subject to this Article VI. The Commission and the State Washington, D.C., 20545. All interested Agreement; and persons desiring to submit comments and agree that it is desirable to provide for re Whereas, This Agreement is entered into ciprocal recognition of licenses for the ma suggestions for the consideration of the pursuant to the provisions of the Atomic terials listed in Article I licensed by the other Commission in connection with the pro Energy Act of 1954, as amended; party or by any agreement State. Accord posed agreement should send them, in Now, therefore, It is hereby agreed between ingly, the Commission and the State agree triplicate, to the Secretary, U.S. Atomic the Commission and the Governor of the to use their best efforts to develop appro Energy Commission, Washington, D.C., State, acting in behalf of the State, as priate rules, regulations, and procedures 20545, within 30 days after initial publi follows : by which such reciprocity will be accorded. A rticle I. Subject to the exceptions pro cation in the F ederal R egister. Article VII. The Commission, upon its own vided in Articles II, III, and IV, the Commis initiative after reasonable notice and op Exemptions from the Commission’s sion shall discontinue, as of the effective portunity for hearing to the State, or upon regulatory authority which would im date of this Agreement, the regulatory au request of the Governor of the State, may plement this proposed agreement, as well thority of the Commission in the State under terminate or suspend this Agreement and re as other agreements which may be en Chapters 6, 7, and 8, and Section 161 of the assert the licensing and regulatory authority tered into under section 274 of the Act with respect to the following materials : vested in it under the Act if the Commission Atomic Energy Act, as amended, were A. Byproduct materials; finds that such termination or suspension published as Part 150 of the Commis B. Source inaterials; and is required to protect the public health and C. Special nuclear materials in quantities safety. sion’s regulations in F ederal R egister not sufficient to form a critical mass. Article VIII. This Agreement shall be issuance of February 14, 1962; 27 F.R. Article II. This Agreement does not pro come effective on January 1, 1965, and shall 1351. In reviewing this proposed agree vide for discontinuance of any authority and remain in effect unless, and until such time ment, interested persons should also the Commission shall retain authority and as it is terminated pursuant to Article VII. consider the aforementioned exemptions. responsibility with respect to regulation of: A. The construction and operation of any POLICIES AND PROCEDURES Dated at Washington, D.C., this 4th production or utilization facility; day of August 1964. B. The export from or import into the Introduction United States of byproduct, source, or spe Foreword. The following narrative pre For the Atomic Energy Commission. cial nuclear material, or of any production sents a brief description of the history, prac or utilization facility; tices, capabilities and proposed activities of T. H obbs, F. C. The disposal into the ocean or sea of the Industrial, Radiation and Air Hygiene Acting Secretary to the Commission. byproduct, source, or special nuclear waste Program of Environmental Health Services, Proposed Agreement Between the United materials as defined in regulations or orders Kansas State Department of Health, particu States Atomic Energy Commission and of the Commission; larly as they relate to the assumption of cer the State of Kansas for Discontinuance D. The disposal of such other byproduct, tain regulatory functions of the United of Certain Commission Regulatory Au source, or special nuclear material as the States Atomic Energy Commission. thority and Responsibility Within the Commission from time to time determines Section 274b of the Atomic Energy Act of State Pursuant to Section 274 of the by regulation or order should, because of the 1954, as amended, authorizes the Atomic Atomic Energy Act of 1954, as Amended hazards or potential hazards thereof, not be Energy Commission to enter into an agree Whereas, The United States Atomic Energy so disposed of without a license from the ment with the Governor of a State whereby * ^ i o n (hereinafter referred to as the Commission. the Commission may transfer to the State Article III. Notwithstanding this Agree 274^ f SS^°11 ^ is aut]tlorized under Section certain licensing and regulatory control of am “* Atomic Energy Act of 1954, as ment, the Commission may from time to byproduct, i source and special nuclear mate to pnt6<^ hereinafter referred to as the Act) time by rule, regulation, or order, require rials in quantities not sufficient to form a of an e aSreemente with the Governor that the manufacturer, processor, or pro critical mass. Discontinuance of the Federal the J , te Providing for discontinuance of ducer of any equipment, device, commodity, government’s responsibilities with respect °ry authority of the Commission or other product containing source, byprod to these sources of ionizing radiation and the State under Chapters 6, 7, and 8 uct, or special nuclear material shall not assumption thereof by the State is made No. 163------7 11929 11930 NOTICES when the Atomic Energy Commission has dividuals especially qualified to represent radiation safety and actual operations using evaluated and accepted the competency of the various fields of endeavor where radia 'the radioactive material; survey methods the State to administer licensing and regula tion is utilized such as: medicine, dentistry, And results; posting and labeling of the tory authority of such sources. industry, agriculture, research, and teaching. sources and areas with the proper signs and The Nuclear Energy Development and Ra This Committee worked with the staff in all labels; methods and effectiveness of main diation Control Act, Chapter 290, 1963 Legis important phases of the program, partic taining control of individuals in restricted lature, State of Kansas, authorizes the Gov ularly in the formulation of radiation pro areas; records of receipts, transfers, inven ernor of Kansas to enter into agreements tection regulations and proposed legislation. tories, and disposal of radioactive materials with the Federal government, to appoint The State Board of Health adopted a regula or machines; and disposal of radioactive from among the residents of the State a Nu tion prohibiting shoe fitting fluoroscopes, materials to the sewer system or th e soil. clear Energy Advisory Council; and desig and requiring registration of radiation Inspection procedures of this general type nates the Kansas State Board of Health as sources, and the Board supported a radiation will be used in the future for inspections the official agency responsible for radiation protection act which was adopted by the of all installations using radioactive mate control. Further, the Act: Instructs the 1959 Legislature. rial and/or radiation producing m achines. Board, (a) to develop programs for evalua The Radiation Protection Act of the 1959 Program Description tion of hazards associated with the use of Legislature gave the State Board of Health radiation, (b) develop programs, with due broad responsibility and authority for radia The Radiation Control Program proposed regard for compatibility with Federal pro tion protection, required registration of all under an agreement will be conducted by grams, for regulation and inspection of by radiation sources in the State, and required the Radiological Health Section of the In product, source and special nuclear mate adoption of necessary regulations by the dustrial, Radiation and Air Hygiene Program, rials; and authorizes the Board, (a) to re Board. This legislative session also produced Environmental Health Services, K ansas State quire licensing or registration of all sources an Atomic Energy Development Act which Department of Health. of ionizing radiation, (b) to provide for rec empowered the Governor to appoint a Gov Licensing and registration. T he State ognition of other State or Federal licenses, ernor’s Atomic Energy Advisory Council and program will control all sources of ionizing and (c) to enter into, subject to the approval a Coordinator of Atomic Energy Develop radiation, other than those sources for which of the Governor, an agreement or agreements ment Activities. . The Council was charged regulatory authority has been retained by with the Federal government, other States with the responsibility of advising the Gov the Atomic Energy Commission. Provisions or intrastate agencies, for inspections or ernor and Coordinator concerning the devel have been made for the issuance o f general , other functions relating to the control of opment, utilization and regulation of atomic and specific licenses for radioactive materials. ' ionizing radiation. The Act provides that energy and other forms of radiation. Such licenses are required for the receipt, uses the State regulatory program will be main After two years of study and development possession, transfer or disposal o f all radio tained so as to provide for compatibility with by the Department staff and the Radiolog active materials regardless of the form of the regulatory programs of the Federal gov ical Health Advisory Committee to the State such materials. Allowances have been ernment and, insofar as possible, with the Board of Health, a comprehensive set of made for exemptions of certain items which regulatory programs of other States. Radiation Protection Regulations was com contain less than specified amounts of radio Attached to this narrative are copies of pleted. These regulations were approved by active material of particular types. Ex the Proposed Agreement, the Nuclear Energy the Governor’s Atomic Energy Advisory amples of such exemptions are those for Development and Radiation Control Act, the Council, and after a public hearing, adopted certain luminous timepieces, automobile Kansas Radiation Protection Regulations, by the Board, becoming effective September lock illuminators, and thorium lam p and various forms and r6sum6s, and a statement 1, 1961. lantern mantles, j Under the provisions of of the policies and procedures to be utilized The 1961 regulations provided for the the regulations : by the Radiological Health Section of the In registration of all sources of ionizing radia 1. General licenses are effective without dustrial, Radiation and Air Hygiene Program tion with the Department of Health and the filing of applications with the Depart of Environmental Health Services, Kansas for appropriate control of these sources. The Department developed a comprehensive radi ment or the issuance of licensing documents State Department of Health pursuant to an to particular persons. The State w ill issue agreement between the United States Atomic ation control program designed to govern and ensure safeguards for the various general licenses under specified circum Energy Commission and the State of Kansas. stances when more stringent control by H istory. The Kansas State Department aspects of use, transfer, storage and disposal of radiatiôn sources and machines. This specific licenses is found to be unnecessary of Health has been involved in radiological to protect public health and safety. health activities since the mid-1940’s program expanded with the increasing use through the industrial hygiene, (or occupa of radioactive sources, X-ray machines and 2. Specific licenses are issued by th e State tional health) programs where occupational other radiation producing equipment. of Kansas to named persons upon applica radiation exposures were encountered. The primary emphasis in the radiation tions filed pursuant to the regulations. Problems at that time included radiation control program has been placed on those Basically the regulations regarding specific exposures in radium dial painting, indus radiation sources not regulated or other licenses require that : trial radiography, and the use of thorium wise under the jurisdiction of the Atomic (a) The applicant is qualified by reason in the manufacture of lamp and lantern Energy Commission such as X-ray machines of training and experience to use the material mantles. and radium sources. As of January 1, 1964, in question for the purpose requested; In 1949 the State Board of Health was there were approximately 2500 X-ray ma (b) The applicant’s proposed location, designated by the Governor as the State chines and 65 radium users in the State. equipment, facilities, and procedures are agency to receive and be responsible for Periodic, routine inspectional surveys are adequate to protect health and minimize keeping data and information from the conducted to determine and correct radio danger to life and property; Atomic Energy Commission concerning those logical health hazards associated with the (c) The issuance of the license w ill not persons and organizations in Kansas who use of medical, dental, and industrial radio- be Inimical to the health and safety of the were issued authorizations to acquire and graphic X-ray installations, and radium public; use radioactive isotopes produced in the users. As of January, 1964, approximately only for the 50 percent of the X-ray installations have (d) The material may be used atomic energy program. Since that time, purpose authorized in the license; personnel of the Department of Health have been surveyed, and approximately 75 per cent of the radium installations have been (e) The material may hot be transferred made joint inspections with the representa except to a person or persons authorized to tives of the Atomic Energy Commission of surveyed. This survey work is increasing rapidly as the Department staff grows, allow receive it. those holders of authorizations; and since Every person not already registered who 1957 when the authorization program was ing a sufficient number of manhours to be changed to* a licensing program, of those devoted to the inspection program. possesses a registrable item (any radiation licensees of the Atomic Energy Commission Additional program areas were developed machine capable of producing radiation), on who are licensed to possess and use byprod in order to provide a complete and compre the effective date of the regulations is re uct, source and special nuclear materials. hensive radiation control program. These quired to re-register with the Departmen In 1950 the State Board of Health adopted activities included a program of environ within 60 days of the effective date. Persons a regulation requiring the placarding of all mental monitoring for air, surface water, and who acquire possession of a registrable item shoe fitting flouroscopes in the State with milk; vehicle registration and identification subsequent to the effective date are requir appropriate warning signs. In connection for those vehicles transporting sources of to register within 30 days of the acquisition with this regulation, Department personnel ionizing radiation within the State; radio of such item or items. conducted a radiation survey of all the shoe activity countermeasures evaluations and A Medical Advisory Committee to the Ra fitting fluoroscopes in the State. planning; and an emergency plan for han diological Health Section, consisting of three dling incidents involving transport of radio radiologists, one internist, one hematolog s In October of 1956 a Radiological Health active materials. Advisory Committee to the State Board of and one surgeon, which has a thoroug Health was assembled for the purpose of ad Current inspections of installations in knowledge and working experience with vising the staff of the Department on techni clude a complete review by the inspector of use of radioactive materials in thè cal matters relating to radiation problems the user’s equipment and facilities; the of medicine, will be used for consulta and to recommend to the Board such action method and equipment for handling and and recommendation concerning ^c®nseti?e as the Committee might deem desirable. The storage of radioactive materials; interviews plications for the human use of radioac membership of the Committee included in w ith the personnel responsible for both materials. As general guides in the eva Thursday, August 20, 1964 FEDERAL REGISTER 11931 tion of license applications, the Radiological noncompliance with the regulations, and any person adversely affected thereby. Health Section and the Medical Advisory steps taken by the licensee to avoid a recur Jurisdiction for all such appeals is vested Committee will utilize applicable criteria as rence of the Incident. solely in the District Court of Shawnee presented by Atomic Energy Commission Compliance and enforcement. Reports of County, Kans. publications including: “Licensing Require inspections of licensee’s and/or registrant’s Organization, procedures and staffing. ments for Teletherapy Programs,” “Licens activities will be evaluated to determine the The authority of the State Health Officer ing Requirements for Broad Licenses for Re degree of compliance of the licensees and includes delegation of pertinent responsibil search and Development” "Licensing Re registrants with the Board’s regulations, and ities subject to approval by the State Board of quirements for Broad Medical Use,” and registration or license conditions. If no Health. This is accomplished by delegation “Medical Use of Radioisotopes.” The Radio items of noncompliance are observed, the of administrative direction to the service logical Health Section and the Medical Ad person will be so informed. For minor items directors of the Department, and through visory Committee will also maintain knowl of noncompliance, which the licensee agrees them to specified staff members and certain edge of current developments, techniques, to correct at the time of the inspection, the personnel involved in full-time and part- and procedures for medical uses by contact licensee will be informed by letter. This time direction and implementation of specific and correspondence with the Atomic Energy notification will inform the licensee of the departmental programs. Commission, and other agreement States. items of noncompliance, and that corrective The Radiation Control Program is con Inspection. Periodic inspections will be action taken by the licensee will be reviewed ducted by the Chief of the Radiological conducted to determine a licensee’s or regis during the next inspection. Health Section. The planning and direction trant's degree of compliance with regula If the inspection reveals items of noncom of this program is the responsibility of the tions and licen se conditions. These pliance of a more serious nature, the licensee Director of the Industrial, Radiation and Air inspections will be performed by personnel will be informed by letter of the items of Hygiene program and the Director of En of the Radiological Health Section who are noncompliance and required to reply, usually vironmental Health Services, together with qualified to evaluate radiological health within 15-30 days, as to the corrective action the Chief of the Radiological Health Section. hasards and are conversant with the regu taken and the date completed. The De Implementation of the specific responsibil lations. partment will then conduct a followup in ities included in radiation control is accom The majority of the inspections will be spection or the matter will be reviewed dur plished by the Supervisors of Licensing and unannounced. The following frequency is ing the next regular inspection to ensure that Registration, Environmental Surveillance, planned, but may be either increased or the corrective action has in fact been and Field Inspection and Surveys. Labora decreased depending upon individual circum accomplished. tory support services for these responsibilities stances: Whenever, in the judgment of the Board, are conducted by the Industrial, Radiation any person has engaged in or is about to en and Air Hygiene Laboratory which is under Industrial radiographers—once each 6 gage in any acts or practices which con the direction of the Supervisor of Environ months. stitute or will constitute a violation of the mental Surveillance. Organizational charts Operations involving waste disposal—once Act or any rule, regulation or order issued are provided in the attachments to the nar each 6 months. thereunder, the Attorney General is em rative for further references. Broad licenses—Industrial, medical, aca powered to make application for a court Authority and responsibility for admin demic—once each 12, months. order enjoining such acts or practices, or istering Kansas Radiation Protection Regu Specific licenses—Industrial, medical, aca for a court order directing compliance. lations, covering the statutory licensing of demic—once each 24 months. Whenever the Executive Secretary of the byproduct, source, special nuclear materials, Other—Time available basis. Board finds that an emergency exists requir or devices or equipment utilizing such ma ing immediate action to protect public terials, has been assigned to the Chief of It is expected that all licensed activities will health and safety, he may without notice the Radiological Health Section. Under his be inspected at least once in every two-year period. issue an emergency order reciting that an direction, applications for licenses will be emergency exists and requiring that such approved or disapproved. He will issue Inspection visits will usually include a action be taken as is necessary to meet the denials for cause or denials without preju comprehensive review by the inspector of emergency. dice. He may terminate a license, after the licensee’s equipment, facilities and The full legal procedures will normally be opportunity has been afforded the licensee handling or storage of radioactive material; employed only, in those instances where there for a hearing before the Stats Board of the procedures in effect, Including actual is continued 'and repeated noncompliance, Health, a hearing officer designated by the operation; and interviewing of personnel di existence of a state of emergency, willful Board, or the State Health Officer, due to rectly involved. The Inspectors will review negligence on the part of the licensee, or failure to correct items of noncompliance, or the licensee’s survey methods and results, where a serious potential hazard exists. for other justified causes. Under his ad personnel monitoring practices and results, Section 9 of the Act empowers the Board ministrative control the Supervisors of posting and labeling used, the instructions or its duly authorized representatives to Licensing and Registration, Environmental to personnel and the methods and apparent enter at all reasonable times upon any pri 'Surveillance, and Field Inspection and Sur effectiveness of maintaining control of in vate or public property for the purpose of dividuals in the controlled area. The in vey activities will provide technical assist determining whether or not there is com ance and consultation as required in the spector will also review the licensee’s record pliance with or violation of the provisions of receipts, transfers, and inventory of discharge of their separate and collective of the Act, and rules and regulations of the responsibilities regarding the State radia licensed m aterial. He w ill examine records Board issued under the Act. concerning any disposals which might have tion control program. Administrative procedure and judicial re Qualifications and training of the present been made. He may make measurements of view . Section 8 of the Nuclear Energy radiation levels. Before the termination of staff members reflect the necessary educa- Development and Radiation Control Act pro tion, training and experience to ensure each inspection, the inspector will meet with vides for a hearing, at the written request the management to discuss the results of competent administration and implementa of any person whose interest may be affected tion of the program in radiation control. his inspection. At this time he will present by the proceeding, when the Board issues tentative oral recommendations or sugges Individual resumes of training and expe or modifies rules or regulations, grants, sus rience are provided in the attachment to tions, and w ill attempt to answer questions pends, revokes or amends any license. concerning th e. regulatory program. this narrative. All future replacements of Whenever the Executive Secretary of the present staff as required by vacancies will be inspector will prepare a detailed re Board finds that an emergency exists, he may port to inform his supervisor of all the facts evaluated to assure that their training and without notice issue an emergency order. experience are at least equal to those and circumstances observed during the in Such order may be Issued orally, and con spection. T he réport will enumerate viola- presently employed. Job descriptions and firmed by written order mailed within training and experience requirements are ons, if any, and include recommendations twenty-four (24) hours after issuance of the r corrective action. Recommendations outlined in an attachment. These require oral order. This emergency order is effective ments will be used as a basis for evaluating ~ f 7 by fleld personnel will be subject to Immediately and the person(s) to whom the ucal review by senior members of the In- qualifications of applicants for staff positions. order is directed shall comply therewith Reciprocity. Regulations of the Board anrt +V1’ Radiation and Air Hygiene Program immediately. Any person aggrieved by the provide for the recognition of licenses issued Services ^ rec^or Environmental Health issuance of such an emergency order has by the U.S. Atomic Energy Commission nr the right to request a hearing within fifteen other agreement States. Licensees and registrants will be informed (15) days of the issuance of the order. If a at ,,e results of all inspections, first orally Continuing compatibility. It is the policy hearing is requested, the hearing must be of the State of Kansas to institute and main furni 6v,time of tbe inspection, and finally, held within thirty (30) days. Upon the a written report or notice tain a regulatory program for sources of »om the Department. basis of the decision .reached at the hearing, ionizing radiation so as to provide for com the Board shall issue an order containing the patibility with the standards and regulatory *fiere will be investigations of program of the Federal government and a rolvin ifQts and reasonable complaints in- determination of its findings to the alleged ation ? liceuse(i or registered sources of radi- violator within thirty (30) days after the system consonant insofar as possible with those of other States. taken h determine the cause, the measures conclusion of the hearing. Mth ,tbe licensee or registrant to cope An appeal may be taken from any final [F.R. Doc. 64-7944; Filed, Aug. 5, 1964; e incident, whether or not there was order or final determination of the Board by 8:53 ajn.] 11932 NOTICES
gestions, or objections in connection with [Oregon 015491] DEPARTMENT OF THE INTERIOR the proposed withdrawal may present their views in writing to the undersigned OREGON Bureau of Land Management officer of the Bureau of Land Manage Notice of Proposed Withdrawal and ment, Department of the Interior, 1245 Reservation of Land IDAHO North 29th "Street, Billings, Montana, Notice of Proposed Withdrawal and 59101. August 12,1964. Reservation of Lands The authorized officer of the Bureau The Bureau of Land Management has of Land Management will undertake filed an application, Serial Number August 12,1964. such investigations as are necessary to Oregon 015491, for the withdrawal of the The Bureau of Land Management has determine the existing and potential de lands described below, from all forms of filed an application, Serial Number Idaho mand for the lands and their resources. appropriation under the public land 015614 for the withdrawal of the lands He will also prepare a report for con laws, including the mining but not the described below, from all forms of ap sideration by the Secretary of the In mineral leasing laws, or disposal of ma propriation under the public land laws, terior who will determine whether or not terials under the Act of July 31, 1947 including the mining laws but not the the lands will be withdrawn as requested (61 Stat. 681, 69 Stat. 367, 30 U.S.C. mineral-leasing laws nor disposal of ma by the Bureau of Land .Management. 601-604), as amended, or forest prod terials under the Act of July 31,1947 (61 1716 determination of the Secretary on ucts under the Act of August 28, 1937 Stat. 681; 30 U.S.C. 601-604), as the application will be published in the (50 Stat. 874). amended. The applicant desires the F ederal R egister. A separate notice will The applicant desires the land for the land for an experimental range pasture be sent to each interested party of record. protection of gravel deposits to be used research area. If circumstances warrant it, a public by Bureau of Land Management as sur For a period of 30 days from the date hearing will be held at a convenient time facing on resource management roads. of publication of this notice, all persons and place, which will be announced. For a period of 30 days from the date who wish to submit comments, sugges The lands involved in the application of publication of this notice, all persons tions, or objections in connection with are: who wish to submit comments, sugges the proposed withdrawal may present Principal Meridian, Montana tions, or objections in connection with their views in writing to the undersigned the proposed withdrawal may present T. 16 N„ R. 20 E„ their views in writing to the undersigned officer of the Bureau of Land Manage Sec. 4, SWV4SWV4; ment, Department of the Interior, P.O. Sec. 5, lots 14 and 15. officer of the Bureau of Land Manage Box 2237, Boise, Idaho 83701. ment, Department of the Interior, 710 A roadside strip 100 feet each side of the NE, Holladay, Portland, Oregon, 97232. If circumstances warrant it, a public centerline of the Bureau of Land Manage hearing will be held at a convenient time ment’s Maiden Canyqn Road, starting at If circumstances warrant it, a public and place, which will be announced. engineer’s station 41+40 on the southeasterly hearing will be held at a convenient time The determination of the Secretary on boundary of the Spotted Horse Mineral Sur and place, which will be announced. the application will be published in the vey 2361, section 5, T. 16 N., R. 2 E., and ex The determination of the Secretary on F ederal R egister. A separate notice will tending southeasterly for approximately 1.5 the application will be published in the be sent to each interested party of record. miles ending at engineer’s station 124+32.53 F ederal R egister. A separate notice will The lands involved in the application in the SE% section 9, T. 16 N., R. 20 E., P.M., be sent to each interested party of are: Montana. record. Boise Meridian, Idaho The areas described aggregate approx The lands involved in the application T. 6 S., R. 9 E., imately 144.00 acres. are: Sec. 17; Oregon Sec. 18, E%; R . P aul R igtrup, WILLAMETTE MERIDIAN Sec. 19, E%; Manager, Land Office. Sec. 20; [P.R. Doc. 64-8437; Piled, Aug. 19, 1964; T. 30 S., R. 6 W., Sec. 21; 8:49 a.m.] Sec. 31, S y2 of unnumbered lot (SW*4 Sec. 22, W%E%, W%; SW%). Sec. 27, Wi/2NE»4, NW&, N%SW]4. NW& T. 31 S., R. 7 W., SE%; NEVADA Sec. 1, W^NEl^NW^. Sec. 28, Ni/2, Ni/2Sy2; The combined aggregate area is ap Sec. 29, Redelegation of Authority by Land proximately 41.80 acres. Office Manager to Assistant Man The area described aggregates 4,200 D ouglas E. H enriques, acres in Elmore County, Idaho. agers Branches of Lands and of Land Office Manager. Minerals O rval G. H adley, [P.R. Doc. 64-8417; Piled, Aug. 19, 1964; Manager, Land Office. August 14,1964. 8:47 ajn.] [P.R. Doc. 64-8436; Piled, Aug. 19, 1964; 1. Pursuant to authority contained in 8:49 ajn.] section 2.1 of Bureau of Land Manage ment Order No. 701 (29 F.R. No. 147, UTAH July 29, 1964), authority is hereby re- Notice of Proposed Withdrawal and [Montana 066918] delegated to the Assistant Manager in charge of the Branch of Lands to take Reservation of Lands MONTANA action for the Manager in all matters August 13,1964. listed in section 2.9 of above-cited order, The Forest Service, U.S. Department of Notice of Proposed Withdrawal and and to the Assistant Manager in charge Reservation of Lands Agriculture has filed an application of the Branch of Minerals in all matters Serial No. Utah 0141151, for the with August 11, 1964. listed in section 2.6. drawal of the lands described below, The Bureau of Land Management has 2. The authority delegated by this or from prospecting, location, entry and filed an application Serial Number Mon der may not be redelegated. purchase under the mining laws of the tana 066918 for the withdrawal of the 3. The Manager’s redelegation order United States. The applicant desires the lands described below, from all forms of of May 20, 1959, is hereby revoked. withdawal subject to valid existing appropriation under the public land laws, D aniel P . B aker, rights, to protect investments in struc including the mining and mineral leas Manager, Nevada Land Office. tures and improvements placed on the ing laws, subject to valid existing rights. Approved: August 14, 1964. land for development of recreation areas The applicant desires the land for a rec and administrative sites as indicated be- reation development program. J. R . P en ny, low. . For a period of thirty days from the State Director, Nevada. Fojya period of 30 days from the date date of publication of this notice, all per [P.R. Doc. 64-8416; Piled, Aug. 19, 1964; of publication of this notice, all persons sons who wish to submit comments, sug 8:47 am.] who wish to submit comments, sugges- Thursday, August 20, 1964 FEDERAL REGISTER 11933 tions, or objections in connection with Mahogany Cove Recreation Area The determination of the Secretary on the proposed withdrawal may present T. 29 S., R. 6 W., the application will be published in the their views in writing to the undersigned Sec. 24: SE&SW&NWyi, SW&SE&NW^. F ederal R egister. A separate notice officer of the Bureau of Land Manage Containing 20 acres more or less. will be sent to each interested party of ment, Department of the Interior, P.O. record. Box 11505, Salt Lake City, Utah, 84111. Plantation Flat Recreation Area If circumstances warrant it, a public The authorized officer of the Bureau T. 17 S., R. 3 W., hearing will be held at a convenient of Land Management will undertake such Sec. 7: Ey2NEy4NE%, SW ^NE^NE^, time and place, which will be announced. investigations as are necessary to deter S^NW&NE%, Ni/aSW^NE^, NW& The lands involved in the application mine the existing and potential demand SE%NE»4. are: for the lands and their resources. He Containing 80 acres more or less. Salt Lake Meridian, Utah will also undertake negotiations with Frying Pan Recreation Area LANDS DONATED TO THE UNITED STATES the applicant agency with the view of T. 25 S., R. 3 E., T. 18 S., R. 3 E. adjusting the application to reduce the Sec. 27: NW^NEft. Sec. 7: SE&SE&SE^—10 acres; area to the minimum essential to meet Containing 40 acres more or less. Sec. 8: S%SEy4—80 acres; the applicant’s needs, to provide for the Sec. 9: S%SWy4—80 acres. rpgyimnm concurrent utilization of the Total acreage 510 acres more or less. lands for purposes other than the appli PUBLIC LAND R. D. Nielson, T. 18 S., R. 3 E. cant’s, to eliminate lands needed for State Director. purposes more essential than the appli Sec. 8: S^N E ^, N%SE}4; cant’s, and to reach agreement on the [P.R. Doc. 64-8418; Piled, Aug. 19, 1964; Sec. 9>: S%NWy4 , Ny2SWV4—320 acres. concurrent management of the lands 8:47 ajn.] Containing 490 acres more or less. and their resources. R. D. Nielson, He will also prepare a report for con UTAH sideration by the Secretary of the In State Director. terior who will determine whether or Notice of Proposed Withdrawal and [FR. Doc. 64-8419; Filed, Aug. 19, 1964; not the lands will be withdrawn as re Reservation of Lands 8:47 am.] quested by the Forest Service. The determination of the Secretary August 13,1964. on the application will be published in The Forest Service, U.S. Department UTAH the Federal R egister. A separate no of Agriculture, has filed an application, Notice of Proposed Withdrawal and tice will be sent to each interested party Serial No. Utah 0141197, for the with Reservation of Lands of record. drawal of the lands described below, If circumstances warrant it, a public from all forms of appropriation except August 13,1964. hearing will be held at a convenient time operation of the mining and mineral The Forest Service, U.S. Department and place, which will be announced. leasing laws. of Agriculture, has filed an application, The lands involved in the application The purpose of the withdrawal is to Utah 0141797, for the withdrawal of the are: extend the boundaries of the Manti- lands described below, from all forms Salt Lake Meridian, Utah LaSal National Forest and to give a of appropriation except operation of the FISHLAKE NATIONAL FOREST national forest status to three tracts of mining and mineral leasing laws. The lands donated to the United States and lands were acquired from the State of Bullion Administrative Site to a 320 acre tract of isolated public Utah by a land exchange for inclusion T.28 S., R.5W, lands, adjacent to the present boundary as part of the Dixie National Forest Sec.2: sy2 SW%SWy4; of the forest. The Forest Service plans pursuant to the provisions of Executive Sec. 1 1 : NW%NW%. to manage these lands for development Order 10890 dated October 27, 1960. Containing 60 acres more or less. of watershed and wildlife potential and For a period of 30 days from the date Adelaide Park Recreation Area for public recreational use. of publication of this notice, all persons For a period of 30 days from the date who wish to submit comments, sug T. 24 S.,R. 4% W., of publication of this notice, all persons Sec. 4: NW& Lot 5, S% Lot 5, N% Lot 12; gestions, or objections in connection with Sec. 5: E% Lot 8. who wish to submit comments, sugges the proposed withdrawal may present tions or objections in connection with their views in writing to the undersigned Containing 70 acres more or less. the proposed withdrawal may present officer of the Bureau of Land Manage Anderson Meadow Recreation Area their views in writing to the undersigned ment, Department of the Interior, P.O. T.30 S., R. 5 W., officer of the Bureau of Land Manage Box 11505, Salt Lake City, Utah, 84111. Sec. 16: NE%NW%.f ment, Department of the Interior, P.O. The authorized officer of the Bureau Box 11505, Salt Lake City, Utah, 84111. of Land management has conducted the Containing 40 acres more or less. The authorized officer of the Bureau necessary investigations to determine the Castle Rock Recreation Area of Land Management will undertake existing and potential demand for the T. 26 S., R. 4% W., such investigations as are necessary to lands and their resources. He has also Sec. 16: SE&NW^, N&NE&SW^. determine the existing and potential negotiated with the applicant agency to demand for the lands and their re assure that the land embraced by the Containing 60 acres more or less. sources. He will also undertake negoti application is the minimum essential to Corn Creek Recreation Area ations with the applicant agency with meet the applicant’s needs, to provide T- 24 S., R. 4 % w., the view of adjusting the application to for the maximum concurrent utilization Sec. 4: SWy4 Lot 6, W% Lot 11, SE}4 Lot reduce the area to the minimum essential of the lands for purposes other than 11, NEi^ Lot 14, NWy4 Lot 15. to meet the applicant’s needs, to provide the applicant’s, to eliminate lands needed Containing 60 acres more or less. for the maximum concurrent utilization for purposes more essential than the of the lands for purposes other than the applicant’s, and to reach agreement on Indian Springs Administrative Site applicant’s, to eliminate lands needed for the concurrent management of the lands T 21S., R. 3 w., purposes more essential than the appli and their resources. Sec-36': S^N E ^N E ^. cant’s, and to reach agreement on the He will prepare a report for consider Containing 20 acres more or less. concurrent management of the lands ation by the Secretary of the Interior Little Creek Recreation Area and their resources. who will determine whether or not the He will also prepare a report for con T-17 S., R. 3 lands will be withdrawn as requested by Sec. 5: SW^SW^; sideration by the Secretary of the In the Forest Service. Sec. 6: E^SE&SE^. terior who will determine whether or not The determination of the Secretary on the lands will be withdrawn as requested the application will be published in the Containing 60 acres more or less. by the Forest Service. F ederal R egister. A separate notice will 11934 NOTICES be sent to each interested party of Wisconsin find that an order denying export privi record. Dunn, leges to said respondent for an indefinite If circumstances warrant it, a public Pursuant to the authority set forth period is reasonably necessary to protect hearing will be held at a convenient above, emergency loans will not be made the public interest and to achieve effec time and place, which will be announced. in the above-named counties after June tive enforcement of the Export Control The lands involved in the application 30, 1965, except to applicants who previ Act of 1949, as amended. are: ously received emergency or special live Accordingly, it is hereby ordered, Salt Lake Meridian, Utah stock loan assistance and who can qual I. All outstanding validated export T. 33 S., R. 3 W. ify under established policies and pro licenses in which respondent appears or Sec. 36: All. cedures. participates in any manner or capacity T. 34 S., R.3W. are hereby revoked and shall be returned Sec. 2: All. Done at Washington, D.C., this 14th forthwith to the Bureau of International day of August 1964. Containing 1,281.80 acres more or less. Commerce for cancellation. Orville L. F reeman, n . The respondent, its successors or R. D. Nielson, Secretary. assigns, representatives, agents, and em \ State Director. [P.R. Doc. 64-8370; Piled, Aug. 19, 1964; ployees hereby are denied all privileges [F.R. Doc. 64-8420; Piled, Aug. 19, 1964; 8:45 a.m.] of participating, directly or indirectly, in 8:47 am.] any manner or capacity, in any transac tion involving commodities or technical data exported from the United States in DEPARTMENT OF COMMERCE whole or in part, or to be exported, or DEPARTMENT OF STATE which are otherwise subject to the Ex [Public Notice 236] Bureau of International Commerce port Regulations. Without limitation of [Pile 23-953] generality of the foregoing, participation TUNISIA prohibited in any such transaction, either SOCIETE INDUSTRIELLE ET COMMER- Validity of Certain Foreign Passports in the United States or abroad, shall in CIALE DE PIECES DETACHEES clude participation, directly or indirectly, Tunisia is added to the list of countries Order Denying Export Privileges for in any manner or capacity, (a) as a party which have entered into agreements with or as a representative of a party to any thè Government of the United States an Indefinite Period validated export license application, (b) whereby their passports are recognized The Director, Investigations Division, in the preparation or filing of any export as valid for the return of the bearer to Office of Export Control, Bureau of In license application or reexportation au the country of the foreign issuing au ternational Commerce, U.S. Department thorization, or any document to be sub thority for a period of at least six months of Commerce, has applied for an order mitted therewith, (c) in the obtaining or beyond the expiration date specified in denying to the above named respondent using of any validated or general export the passport. all export privileges, for an indefinite pe license or other export control document, This notice amends Public Notice 226 riod because the said respondent failed (d) in the carrying on of negotiations of January 18, 1964 (29 P.R. 1661). to furnish answers to interrogatories and with respect to, or in the receiving, order Abba P. S chwartz, failed to furnish certain records and ing, buying, selling, delivering, storing, Administrator, Bureau of other writings specifically requested, using, or disposing of any commodities Security and Consular Affairs. without good cause being shown. This or technical data in whole or in part ex application was made pursuant to ported or to be exported from the United August 4 ,1964. § 382.15 of the Export Regulations (Title States, and (e) in the financing, for [P.R. Doc. 64-8409; Piled, Aug. 19, 1964; 15, Chapter m , Subchapter B, Code of warding, transporting, or other servic 8:46 am.] Federal Regulations). ing of such commodities or technical In accordance with the usual practice, data. the application for an indefinite denial HI. Such denial of export privileges order was referred to the Compliance shall extend not only to the respondent, DEPARTMENT OF AGRICULTURE Commissioner, Bureau of International but also to its agents and employees and Office of the Secretary Commerce, who after consideration of to any successor and to any person, firm, the evidence has recommended that the corporation, or business organization NEBRASKA ET AL. application be granted. The report of with which it now or hereafter may be related by affiliation, ownership, control, Designation of Areas for Emergency the Compliance Commissioner and the evidence in support of the application position of responsibility, or other con Loans have been considered. nection in the conduct of trade or services For the purpose of making emergency The evidence presented shows that the connected therewith. loans pursuant to section 321 of the Con respondent Societe Industrielle et Com- IV. This order shall remain in effect solidated Farmers Home Administration merciale de Pieces Detachees, 46 rue de until the respondent provides responsive Act of 1961 (7 U.S.C. 1961), it has been l’Echiquier, Paris 10, France, also known answers, written information and doc determined that in the hereinafter- as SICOPAR, is a limited liability com uments in response to the interrogatories named counties in the States of Nebras pany with a place of business in' Paris, heretofore served upon it or gives ade ka, New Mexico, North, Carolina, and France, and deals in spare parts for vari quate reasons for failure to do so, except Wisconsin natural disasters have caused ous types of transportation equipment; insofar as this order may be amended or a need for agricultural credit not readily that said respondent is known to have re modified hereafter in accordance with available from commercial banks, coop ceived substantial quantities of U.S. the Export Regulations. erative lending agencies, or other re origin spare parts for tractors and V. No person, firm, corporation, part sponsible sources. trucks; that the aforesaid Investigations nership or other business organization, Division is conducting an investigation whether in the United States or else Nebraska into the disposition by said respondent where, without prior disclosure to ana Banner. Keith. of said commodities. It is impracticable specific authorization from the Bureau Box Butte. Kimball. to subpoena the respondent and relevant of International Commerce, shall do any Chase. Morrill. and material interrogatories and request of the following acts, directly or indi Cheyenne. Perkins. rectly, or carry on negotiations wit Dawes. Scotts Bluff. to furnish certain specific documents re Deuel. Sheridan. lating to its receipt and disposition of respect thereto, in any manner or capac Garden. Sioux. said commodities were served on it pur ity, on behalf of or in any association suant to § 382.15 of the Export Regula with the respondent or any related pahw> New Mexico tions. Said respondent has failed to or whereby the respondent or re*a" . Chaves. Lincoln. furnish answers to said interrogatories party may obtain any benefit thereir DeBaca. or to furnish the documents requested, or have any interest or participate North Carolina as required by said section, and it has therein, directly or indirectly: (a) APP > Brunswick. Cherokee. not shown good cause for such failure. I for, obtain, transfer, or use any licens , Thursday, August 20, 1964 FEDERAL REGISTER 11935 shipper’s export declaration, bill of lad- Any person, firm or corporation hav to the Secretary, Federal Maritime Com jug or other export control document ing any interest, within the meaning of mission, Washington, D.C., 20573, within relating to any exportation, reexporta Public Law 87-45, in the foregoing who 20 days after publication of this notice tion, transshipment, or diversion of any desires to offer data, views or arguments in the F ederal R egister. A copy of any commodity or technical data exported or should submit the same in writing, in such statement should also be forwarded to be exported from the United States, triplicate, to the Secretary, Maritime to the party filing the agreement (as in bv to, or for said respondent or any Subsidy Board, Washington, D.C., 20235, dicated hereinafter), and the comments related party denied export privileges; or by close of business on September 2, should indicate that this has been done. (b) order, buy, receive, use, sell, deliver, 1964. In the event an opportunity to Notice of filing of agreements pursuant store, dispose of, forward, transport, present oral argument is also desired, to general order 9 (Admission, With finance, or otherwise service or partici specific reason for such request should drawal, and Expulsion Provisions of pate in any exportation, reexportation, be included. The Maritime Subsidy Steamship Conference Agreements). transshipment, or diversion of any com Board will consider these comments and The following described agreements modity or technical data exported or to views and take such action with respect have been filed with the Commission for be exported from the United States. thereto as in its discretion it deems war approval to modify the Admission, With VI. A copy of this order shall be served ranted. drawal and Expulsion provisions of the on respondent. Dated: August 14, 1964. basic Conference and Rate Agreements, pursuant to General Order 9 (46 CFR VII. In accordance with the provisions J ohn M. O’Connell, of §382.15 of the Export Regulations, Assistant Secretary. 523). the respondent may move at any time to [P.R. Doc. 64-8438; Piled, Aug.. 19, 1964; Filed by Mr. C. D. Marshall, 11 Broad vacate or modify this indefinite denial 8:49 a.m.] way, New York 4, New York: order by filing with the Compliance Agreement No. 2744-24, between the Commissioner, Bureau of International member lines of the Atlantic and Gulf/ Commerce, U.S. Department of Com West Coast of South America Con merce, Washington, D.C., 20230, an ap DEPARTMENT OF HEALTH, EDU ference; propriate motion for relief, supported by Agreement No. 3868-17, between the substantial evidence, and may also re CATION. AND WELFARE member lines of the Atlantic and Gulf/ quest an oral hearing thereon, which, if Panama Canal Zone, Colon and Panama requested shall be held before the Com Food and Drug Administration City Conference; pliance Commissioner at Washington, B. F. GOODRICH CO. Agreement No. 4189-20, between the D.C., at the earliest convenient date. member lines of the Havana Steamship This order shall become effective on Notice of Filing of Petition Regarding Conference; August 18,1964. Food Additives Agreement No. 4610-8, between the member lines of the United States Dated: August 10,1964. Pursuant to the provisions of the Fed eral Food, Drug, and Cosmetic Act (sec. Atlantic & Gulf-Jamaica Conference; Forrest D. Hockersmith, 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Agreement No. 6080-11, between the Director, (b) (5) ), notice is given that a petition member lines of the United States Office of Export Control. (FAP 5B1506) has been filect by The B. Atlantic & Gulf-Santo Domingo Con- [F.R. Doc. 64-8434; Plied, Aug. 19, 1964; F. Goodrich Company, 500 South Main f 6F0X1CC * 8:48 am.] Street, Akron 18, Ohio, proposing that Agreement No. 6190—19, between the § 121.2562 Rubber articles intended for member lines of the United States repeated use be amended by adding Atlantic & Gulf-Venezuela & Netherlands Maritime Administration N-alkyl (Cii-Ci*) propylenediamine acetic Antilles Conference; Agreement No. 7540-13, between the MOORE-McCORMACK LINES, INC. acid to the list of antioxidants and anti- ozonants in paragraph (c) (4) (iii). member lines of the Leeward & Windward Islands & Guianas Conference; Notice of Application for Approval of Dated: August 12, 1964. Certain Cruises Agreement No. 7550—2, between the Malcolm R. S tephens, member lines of the Havana Northbound Notice is hereby given that Moore- Assistant Commissioner Rate Agreement; McCormack Lines, Inc., acting pursuant for Regulations. Agreement No. 7590—11, between the to Public Law 87-45, has applied to the [FJR. Doc. 64-8427; Piled, Aug. 19, 1964; member lines of the East Coast Colombia Maritime Administration for approval of 8:48 am .] Conference * the following listed cruises: Agreement No. 7650—9, between the member lines of the Santiago de Cuba Ship Com- Termi- Itinerary Conference; mences nates FEDERAL MARITIME COMMISSION Agreement 7890-2, between the mem ber lines of the West Coast South Amer 1965 1965 [General Order 9] ica Northbound Conference; Arjentina.. Jan. 5 Jan. 12 New York, San Juan, St.-Thomas, New ATLANTIC AND GULF/WEST COAST Agreement No. 8120—4, between the York. OF SOUTH AMERICA CONFER member lines of the United States At Do...... Jan. 13 Jan. 21 New York, San Juan, lantic & Gulf-Haiti Conference; St. Thomas, New ENCE ET AL. York. Agreement No. 8300—4, between the Do...... Jan. 22 Feb. 4 New York, San Juan, member lines of the Atlantic and Gulf/ St. Thomas, Guad Notice of Agreements Filed for eloupe, Barbados, Approval West Coast of Central America and Mex Trinidad, Curacao, ico Conference. New York. Notice is hereby given that the follow D o.... Feb. 6 Feb. 15 New York, Barba- Filed by Mr. Herman Goldman, Attor dos, St. Thomas, ing agreements have been filed with the San Juan, New Commission for approval pursuant to ney, Equitable Building, 120 Broadway, York. section 15 of the Shipping Act, 1916, as New York 5, New York: Brasil__ Mar. 26 Apr. 21 New York, Funchal, Casablanca, Tan amended (39 Stat. 733, 75 Stat. 763, 46 Agreement No. 90-10, between the gier, Malaga, Va U.S.C. 814). member lines of the Java-New York lencia, Barcelona, Rate Agreement; Palma, Oran, Lis- Interested parties may inspect and ob bon, Oporto, New tain a copy of the agreement(s) at the Agreement No. 192-4, between the York. member lines of the Deli-Pacific Rate Arjttitina.. Apr. 28 May 7 New York, Balti- Washington office of the Federal Mari more, San Juan, time Commission, 1321 H Street NW., Agreement; St. Thomas, Balti- Room 301; or may inspect agreements at Agreement No. 5700-7, between the more. D o.... May 8 May 13 Baltimore, Bermuda, the offices of the District Managers, New member lines of the New York Freight Baltimore. York, N.Y., New Orleans, La., and San Bureau (Hong Kong); Do. May 14 May 19 Baltimore, Bermuda, Agreement No. 6010—12 between the Baltimore, New Francisco, Calif. Comments with refer York. ence to an agreement including a request member lines of the Straits/New York for hearing, if desired, may be submitted Conference; 11936 NOTICES
Agreement No. 7090-10, between the Agreement No. 191-5, between the dicated hereinafter) and the comments member lines of the Straits/Pacific member lines of the Java Pacific Rate should indicate that this has been done. Conference; Agreement. Notice of agreement filed for approval Agreement No. 7190-4, between the by G. Ravera, Secretary p.t., Vico San member lines of the Deli/New York Rate Filed by Mr. M. E. Rough, 39 Broad Luca 4, Genoa, Italy: Agreement; way, New York, New York: Agreement 8680-5 between the carriers Agreement No. 8100-5, between the Agreement No. 6200-11, between the parties to the Italy/U.S. North Atlantic member lines of the Thailand/United member lines of the United States Freight Pool (Agreement 8680, as amend States Atlantic & Gulf Conference. Atlantic and Gulf/Australia-New Zea ed) , modifies the basic agreement to pro land Conference. vide for termination of the participation Piled by Mr. S. V-H. Waring, 17 Bat Filed by Mr. J. K. Cunningham, 80 therein of Prudential Lines, Inc., effec tery Place, New York 4, New York: tive as of June 30, 1964, and the ad Agreement No. 59-40, between the Broad Street, New York, New York; Agreement No. 7680-15, between the mission thereto of Torm Lines and Zim member lines of the River Plate and Israel Navigation Co., Ltd., on July i, Brazil Conference; member lines of the American West Afri can Freight Conference. 1964. To reflect these changes in mem Agreement No. 6800-4, between the bership, provision is made for the revi member lines of the East Coast South Filed by Mrs. M. Lambert, 12, Rue des sion of (1) the pool percentages in both America Reefer Conference; Pierrelais, Chatillon -sous- Bagneaux Ranges I and H of Article 2, and (2) Agreement No. 6900-11, between the (Seine), France: the number of sailings and calls allotted member lines of the River Plate/United Agreement No. 7810-5, between the the parties in these ranges which are de States-Canada Freight Conference; tailed in Article 3, as of July 1,1964. Agreement No. 7200-6, between the member lines of the French North- member lines of the River Plate & Brazil/ Atlantic Westbound Freight Conference. Dated: August 17,1964. United States Reefer Conference; Filed by Mr. J. M. Phillips, 11 Broad T homas Lisi, Agreement No. 7630-6, between the way, New York 4, New York: Secretary. member lines of the Mid Brazil/United Agreement No. 8045-2 between the [FJ&. Doc. 64-8445; Filed, Aug. 19, 1964; States-Canada Freight Conference. member lines of the South and East 8:50 am.] Filed by Mr. L. M. Paine, Jr., Suite 927, Africa Rate Agreement. Whitney Building, New Orleans 12, Filed by Mr. D. E. Snow, 320 California Louisiana: Street, San Francisco 4, California: Agreement No. 161-21, between the Agreement No. 8290-2, between the FEDERAL POWER COMMISSION member lines of the Gulf/United King [Project No. 2146] dom Conference; member lines of the Hawaii/Orieht Rate Agreement No. 7780-7, between the Agreement. ALABAMA POWER CO. member lines of the Gulf/South & East Filed by Mr. E. J. Middleton, Post Office Notice of Place of Hearing African Conference. Box 96, Savannah Bank and Trust Build August 13,1964. Filed by Mr. J. A. Dennean, 11 Broad ing, Savannah, Georgia: way, Room 760, New York 4, New York: Agreement No. 8310-15, between the The hearing in the above-designated Agreement No. 17-32, between the member lines of the South Atlantic matter, fixed by the Commission's order Steamship Conference. issued August 10, 1964, on applications member lines of the Far East Confer for approval or exclusion of unauthor ence; Dated: August 17, 1964. Agreement No. 5600-26, between the ized causeways in the reservoir area of member lines of the Associated Steam By order of the Federal Maritime Com the Logan Martin development of the mission. Alabama Power Company’s Project No. ship Lines. 2146 on the Coosa River, Alabama, will Filed by Mr. R. T. Curran, 8-10 Bridge Thomas Lis i, commence at 10:00 a.m. (c.s.t.), Septem Street, Room 303, New York, New York: Secretary. ber 9, 1964, in the Courthouse, Anniston, Agreement No. 8080-7, between the Alabama. member lines of the Atlantic and Gulf- [F.R. Doc. 64-8444; Filed, Aug. 19, 1964; Joseph H. Gutride, Indonesia Conference; 8:50 a.m.] Secretary. Agreement No. 8240-4, between the [F.R. Doc. 64-8406; Filed, Aug. 19, 1964; member lines of the Atlantic and Gulf- 8:46 a.m.] Singapore, Malaya and Thailand Con ITALY/U.S. NORTH ATLANTIC ference. FREIGHT POOL [Docket No. G—5464, etc.] Filed by Mr. W. Van Emburgh, 17 Bat Notice of Agreements Filed for MARY FRANCIS PLEASANTS ET AL. tery Place, New York, New York: Approval Agreement No. 5450-32, between the Certificates of Public Convenience and member lines of the Brazil/United Notice is hereby given that the follow Necessity et al. States-Canada Freight Conference; ing agreements have been filed with the Agreement No. 7640-6, between the Commission for approval pursuant to August 13, 1964. member lines of the North Brazil/United section 15 of the Shipping Act, 1916, as Findings and order after statutory States-Canada Freight Conference. amended (39 Stat. 733, 75 Stat. 763, 46 hearing issuing certificates of public con U.S,C. 814). venience and necessity, amending certifi Filed by Mr. t>. P. Gillette, Kindai Interested parties may inspect and ob cates, permitting and approving aban Building, 11, 3 Chome Kyobashi Chuo- tain a copy of the agreement (s) at the donment of service, terminating certifi Ku, Tokyo, Japan: Washington office of the Federal Mari cates, substituting respondents, making Agreement No. 8190-5, between the time Commission, 1321 H Street NW., successors co-respondents, redesignating member lines of the Japan-Puerto Rico Room 301; or may inspect agreements at proceedings, making rate change effec & Virgin Islands Freight Conference. the offices of the District Managers, New tive, accepting agreements and under York, N.Y., New Orleans, La., and San takings for filing, accepting related rate Filed by Mr. W. C. Galloway, 465 Cali Francisco, Calif. Comments with refer schedules and supplements for filing, ana fornia Street, San Francisco, California: ence to an agreement including a request canceling docket designation. Agreement No, 57-83, between the for hearing, if desired, may be submitted Each of the Applicants listed herein member lines of the Pacific Westbound to the Secretary, Federal Maritime Com has filed an application pursuant to sec Conference. mission, Washington, D.C., 20573, within tion 7 of the Natural Gas Act for a cer 20 days after publication of this notice tificate of public convenience and nece - Filed by Mr. S. H. Kligler, Attorney, in the F ederal R egister. A copy of any sity authorizing the sale and delivery .Herman Goldman, Equitable Building, such statement should also be forwarded natural gas in interstate commerce, i 120 Broadway, New York, New York: to the party filing the agreement (as in normiKKifYn and annroval to abanu Thursday, August 20, 1964 FEDERAL REGISTER 11937 service, or a petition to amend an exist- sonable in Docket No. RI64-219. Accord in the respective applications, amend ing certificate authorization, all as more ingly, Sinclair will be substituted as re- ments and/or supplements herein, will fully described in the respective applica- spondent in said proceeding; the pro- be made in interstate commerce, subject tions and petitions (and any supplements ceeding will be redesignated; and the to the jurisdiction of the Commission, or amendments thereto) which are on agreement and undertaking will be and such sales by the respective Appli file with the Commission. accepted for filing. cants, together with the construction and The Applicants herein have filed re- T.E.L. Oil & Gas Corporation (Opera- operation of any facilities subject to the lated FPC gas rate schedules and propose tor), et al., Applicant in Docket No. jurisdiction of the Commission necessary to initiate or abandon, add or delete CI64-1403, proposes to continue the sale therefor, are subject to the requirements natural gas service in interstate com- of natural gas heretofore authorized in of subsections (c) and (e) of section 7 merce as indicated in the tabulation said docket pursuant to a contract here- of the Natural Gas Act. herein. All sales certificated herein are tofore designated as J. M. Kessler (Oper- (3) The sales of natural gas by the either equal to or below the ceiling prices ator), et al., PPC Gas Üate Schedule No. respective Applicants, together with the established by the Commission’s State- 3. The rate under said rate schedule construction and operation of any facili ment of Policy 61-1, as amended, or is in effect subject to refund in Docket ties subject to the jurisdiction of the involve sales for which certificates have No. RI61-103.1 T.E.L. has submitted an Commission necessary therefor, are re been previously issued. agreement and undertaking to assure re- quired by the public convenience and Northem Pump Company, Applicant fund of amounts collected in excess of necessity and certificates therefor should in Docket Nos. G-8379 and G-9528, pro- the amount determined to be just and be issued as hereinafter ordered and poses to continue the sales of natural gas reasonable in Docket No. RI61-103. Ac- conditioned. heretofore authorized in said dockets cordingly, T.E.L. will.be made a co- (4) The respective Applicants are able pursuant to contracts heretofore desig- respondent with Kessler in said proceed- and willing properly to do the acts and nated as G. A. Kane, et al., FPC Gas Rate ing; the proceeding will be redesignated; • to perform the services proposed and to Schedule No. 1 and G. A. Kane FPC Gas and the agreement and undertaking will conform to the provisions of the Natural Rate Schedule No. 2, respectively. The be accepted for filing, Gas Act and the requirements, rules and rates under said rate schedules are in Shell Oil Company, Applicant in regulations of the Commission there effect subject to refund in Docket Nos. Docket No. CI64—1483, proposes to con- under. RI63-121 and G-18105,1 respectively. On tinue the sale of natural gas heretofore (5) It is necessary and appropriate in January 15, 1964, Kane filed with the authorized in Docket No. G-19067 pur- carrying out the provisions of the Nat Commission a notice of change in rate suant to a contract heretofore desig- ural Gas Act and the public convenience under its FPC Gas Rate Schedule No. 2. nated as BTA Oil Producers FPC Gas and necessity require that the certificate By order issued February 5, 1964, in Rate Schedule No. 4 and herein also authorizations heretofore issued by the Docket No. RI64-596 the Commission designated as a rate schedule of Shell, Commission in Docket Nos. G-3035, suspended the proposed change in rate The rate under said rate schedule is in G-3198, G-5464, G-8379, G-9528, G- until July 15, 1964, and designated said effect subject to refund in Docket No. 13138, G-13263, G-13859, G-15828, G- change as Supplement No. 4 to the sub- G-20525.2 Shell has submitted an agree- 17106, G-19067, CI61-151, CI61-564, ject rate schedule. On July 7, 1964, ment and undertaking to assure refund CI61-1259, CI62-117, CI62-353, CI62-744, Northern Pump Company filed a motion of any amounts collected on or after CI63-947 and CI64-491 should be pursuant to section 4(e) of the Natural April 1, 1964, in excess of the amount amended as hereinafter ordered. Gas Act and § 154402 of the regulations determined to be just and reasonable (6) The sales of natural gas proposed thereunder requesting that the proposed in Docket No. G-20525 insofar as said to be abandoned by the respective Ap change in rate be made effective as of proceeding pertains to sales from prop- plicants, as hereinbefore described, all Jiuy 15,1964. An agreement and under- erties assigned to Shell by BTA Oil Pro as more fully described in the tabulation taking to assure refund of any amounts ducers. Accordingly, Shell will be made herein and in the respective applications, collected in excess of the amount deter- a co-respondent with BTA in said pro- are subject to the requirements of sub mmed to be just and reasonable in said ceeding; the proceeding will be redesig- section (b) of section 7 of the Natural proceeding accompanied the motion to nated; and the agreement and under Gas Act, and such abandonments should take the change in rate ..effective. On taking will be accepted for filing, be permitted and approved as herein fiwf P' 1964’ Northern Pump Company After due notice no petition to inter- after ordered. niei* ln Docket Nos. G-18105, RI63-12, vene, notice of intervention, or protest (7) It is necessary and appropriate in and RI64-596 a motion to be substituted to the granting of any of the respective carrying out the provisions of the Natural as respondent in said proceedings in lieu applications or petitions has been re- Gas Act that the certificates of public oi Kane. Agreements and undertakings ceived. convenience and necessity heretofore is in Docket Nos. G-18105 and RI63-12 ac- At a hearing held on August 6, 1964, sued in Docket Nos. G-5493, G-9429, ompanied the motion. Accordingly, the Commission on its own motion re- G-10619 and' G-13795 to Applicants ™ e r n Pump Company will be substi- ceived and made part of the record in herein, relating to the several abandon luted in lieu of Kane as respondent in the these proceedings all evidence, including ments hereinafter permitted and ap r 0iCRiniingS PendinS in Docket Nos. the applications, amendments and ex- proved, should be terminated. nrnrnmii ^I6V 12 anc* RI64-596; said hibits thereto, submitted in support of (8) It is necessary and appropriate in chan6 •ngS ^ ^ redesi&nated; the the respective authorizations sought carrying out the provisions of the Nat rami ^ 5 1 ra^e be made effective as herein, and upon consideration of the ural Gas Act that the certificate herein quested; and the agreements and un- record, after issued in Docket No. CI64-1507 makings will be accepted for filing. The Commission finds : should be conditioned as were the certifi atm-?C a r & Gas ComPany (Oper- (1) Each Applicant herein is a “nat- cates issued by thè order accompanying omnA ApPlicant in Docket No. G-13138, ural-gas company” within the meaning Opinion No. 350 (27 FPC 35). eaJh BS+tS continue the sale of natural of the Natural Gas Act as heretofore (9) It is necessary and appropriate in Duran'rvPfore authorized in said docket found by the Commission or will be en- carrying out the provisions of the Nat natfj ant to a contract heretofore desigr gaged in the sale of natural gas in inter- ural Gas Act that Northern Pump Com al pp?f J?eorge T- Abe11 (Operator), et state commerce for resale for ultimate pany should be substituted in lieu of G. ratp iîmfGaS ,Rate Schedule No. 2. The public consumption, subject to the juris- A. Kane as respondent in the proceed suhwt* sa*d ra,te schedule is in effect diction of the Commission, and will, ings pending in Docket Nos. G-18105, Sincbi refund in Docket No. RI64-219. therefore, be a “natural-gas company” RI63-12 and RI64—596, that said pro tuted n naS filed a m°tion to be substi- within the meaning of said Act upon the ceedings should be redesignated accord- - together r' Spondent tn said proceeding commencement of the service under the ingly, and that the agreements and un takin» +Wlth an agreement and under- respective authorizations granted here- dertakings submitted in said dockets by amoiint ° a.ssure the refund of any inafter. Northern Pump Company should be ac amountSd ?ollepted in excess of the (2) The sales of natural gas herein- — 1 Qetermined to be just and rea- before described, as more fully described cepted for filing. (10) It is necessary and appropriate et al. Qsolldated with Docket No. AR64-1, 2 Consolidated with Docket No. AR61-1, et in carrying out the provisions of the Nat al. ural Gas Act that the motion filed by No. 163------R 11938 NOTICES Northern Pump Company in Docket No. lating to the operation of any price or ing subject to the applicable Commission RI64-596 to make changes in rate effec related provisions in the gas purchase regulations under the Natural Gas Act tive should be granted. contracts herein involved. Nor shall the and are effective and designated as indi (11) It is necessary and appropriate grant of the certificates aforesaid for cated in the tabulation herein. in carrying out the provisions of the Nat service to the particular customers in (K) Northern Pump Company be and ural Gas Act that Sinclair Oil & Gas volved imply approval of all of the terms it is hereby substituted in lieu of G. A. Company (Operator) should be substi of the respective contracts, particularly Kane as respondent in the proceedings tuted as respondent in the proceeding as to the cessation of service upon ter pending in Docket Nos. G-18105, RI63-12 pending in Docket No. RI64-219, that mination of said contracts, as provided and RI64-596, and said proceedings are said proceeding should be redesignated by section 7(b) of the Natural Gas Act. redesignated accordingly.® accordingly, and that the agreement and Nor shall the grant of the certificates (L) The rates, charges, and classi undertaking submitted by Sinclair should aforesaid be construed to preclude the fications set forth in Supplement No. 4 be accepted for filing. imposition of any sanctions pursuant to to Northern Pump Company FPC Gas (12) It is necessary and appropriate the provisions of the Natural Gas Act for Rate Schedule No. 39 (as so redesignated in carrying out the provisions of the Nat the unauthorized Commencement of any herein) be and the same are hereby made ural Gas Act that T.E.L. Oil & Gas Cor sales of natural gas subject to said cer effective as of July 15, 1964. Said rate poration (Operator), et al., should be tificates. shall be charged and collected commenc made a co-respondent with J. Mi Kessler (D) The orders issuing certificates in ing as of the effective date subject to any (Operator), et al., in the proceeding Docket Nos. G-3198, G-13263, G-13859, future orders of the Commission. pending in Docket No. RI61-103, that G-15828, G-17106, G-19067, CI61-151 (M) The agreements and undertak said proceeding should be redesignated and CI62-353 be and the same are hereby ings submitted by Northern Pump Com accordingly, and that the agreement and amended by deleting therefrom authori pany in Docket Nos. G-18105, RI63-12 undertaking submitted by T.E.L. should zation to sell natural gas, and in all other and RI64-596 to assure refunds of any be accepted for filing. respects said orders shall remain in full amounts collected in excess of i,he (13) It is necessary and appropriate force and effect. amounts determined to be just and rea in carrying out the provisions of the Nat (E) The orders issuing certificates in sonable in said dockets be and the same ural Gas Act that Shell Oil Company Docket Nos. G-17106, CI61-564, CI62- are hereby accepted for filing. should be made co-respondent with BTA 744, CI63-947 and CI64-491 be and the (N) Northern Pump Company shall Oil Producers (Operator), et al., in the same are hereby amended by adding comply with the refunding and report proceeding pending in Docket No. G- thereto authorization to sell natural gas ing procedure required by the Natural 20525, that said proceeding should be re from additional acreage, and in all other Gas Act and § 154.102 of the regulations designated accordingly, and that the respects said orders shall remain in full thereunder, and the agreements and un agreement and undertaking submitted by force and effect. dertakings filed in Docket Nos. G-18105, Shell should be accepted for filing. (F) The certificate issued in Docket RI63-12 and RI64-596 shall remain in (14) It is necessary and proper in No. CI64-1507 be and the same is hereby full force and effect until discharged by carrying out the provisions of the Nat conditioned as follows: the Commission. ural Gas Act that Docket No. CI64-1403 (a) The initial price shall not exceed (O) Sinclair Oil & Gas Company (Op should be canceled and that the applica 15.0 cents per Mcf at 14.65 psia includ erator) be and it is hereby substituted tion filed therein should be processed as ing tax reimbursement plus Btu adjust in lieu of George T. Abell (Operator), a petition to amend the order issuing a ment; et al., as respondent in the proceeding certificate in Docket No. G-3053 by per (b) In the event that the Commission pending in Docket No. RI64-219, and said mitting the successor in interest to con amends its Policy Statement No. 61-1 by proceeding is redesignated accordingly. tinue the service heretofore authorized. adjusting the boundary between the Pan (P) The agreement and undertaking The Commission orders: handle area and the “Other” Oklahoma submitted by Sinclair Oil & Gas Com (A) Certificates of public convenience area so as to increase the initial wellhead pany (Operator) to assure refund of any and necessity be and the same are hereby price for new gas in the area of the sale amounts collected in excess of the issued, upon the terms and conditions of involved herein, Applicant may there amount determined to be just and rea this order, authorizing the sales by the upon substitute the new rate reflecting sonable in Docket No. RI64-219 be and respective Applicants herein of natural the amount of such increase, and there the same is hereby accepted for filing. gas in interstate commerce for resale, after collect such new rate prospectively (Q) Sinclair Oil & Gas Company (Op together with the construction and oper in lieu of the rate herein required; and erator) shall comply with the refunding ation of any facilities subject to the jur (c) The allowances for take-or-payand reporting procedure required by the isdiction of the Commission necessary provisions and the upward Btu adjust Natural Gas Act and § 154.102 of the for such sales, all as hereinbefore de ment provisions in the related rate sched regulations thereunder, and the agree scribed and as more fully described in ule are subject to the ultimate disposition ment and undertaking filed by Sinclair the respective applications, amendments, with respect to such provisions in the in Docket No. RI64-219 shall remain in supplements and exhibits in this con rule-making proceedings in Docket Nos. full force and effect until discharged by solidated proceeding. R-199 and R-200; however, Applicant the Commission. (B) The certificates granted in para will not be required to file take-or-pay (R) T.E.L. Oil & Gas Corporation graph (A) above are not transferable provisions for less than 80 percent of (Operator), et al., be and it is hereby and shall be effective only so long as Ap the annual contract quantities. made a co-respondent with J. M. Kessler plicants continue the acts or operations (G) The certificates heretofore issued (Operator), et al., in the proceeding hereby authorized in accordance with the in the following dockets be and the same pending in Docket No. RI61-103, and provisions of the Natural Gas Act and are hereby terminated: G-5493, G-9429, said proceeding is redesignated accord the applicable rules, regulations and or G-10619 and G-13795. ingly.* ders of the Commission. (H) The orders issuing certificates in (S) The agreement and undertaking (C) The grant of the certificates is the following dockets be and the same submitted by T.E.L. Oil & Gas Corpora sued in paragraph (A) above shall not are hereby amended by changing the tion (Operator), et al., to assure refdn be construed as a waiver of the require certificate holder to the successor in in of any amounts collected on or alter ments of section 4 of the Natural Gas terest as set forth in the tabulation January 23,1962, in excess of the am01?}“ Act or of Part 154 or Part 157 of the herein: G-3053, G-5464, G-8379, G-9528, determined to be just and reasonac Commission’s regulations thereunder, G—13138, CI61-1259 and CI62-117. in Docket No. RI61-103 be and the same and is without prejudice to any findings (I) Permission for and approval of the is hereby accepted for filing. or orders which have been or any here abandonment of service by the respective after be made by the Commission in any Applicants, as hereinbefore described 3 Docket Nos. G-18105 and R!6 4 - 596 , North proceeding now pending or hereafter in and as more fully described in the re ern Pump Company. Docket No* Ri stituted by or against the respective ap spective applications herein, are hereby Northern Pump Company, et al. plicants. Further, our action in this pro granted. * J. M. Kessler (Operator), et "Tv ceeding shall not foreclose nor prejudice (J) The related rate schedules and TJEJi. Oil & Gas Corporation (Operato J. any future proceedings or objections re supplements are hereby accepted for fil et al . hrdy Ags 2, 1964 20, August Thursday, C T ) T .E .Z j. Oil & Cas Corporation of the amount determined to be just (Operator), et al., shall comply with and reasonable In Docket No. Cb—20525, F P C rate schedule to be accepted the refunding: and reporting' procedure insofar as said proceeding pertains to Applicant Purchaser, field and location required by the Natural Gas Act and sales from properties assigned to Shell Description and date | No. | Supp. § 154.102 of the regulations thereunder, by BTA Oil Producers, be and the same is of document and the agreement and undertaking filed hereby accepted for filing. by T.E.L. in Docket No. RI61-103 shall (W) Shell Oil Company shall comply G-15828...... Graham-Michaelis Drill Northern Natural Gas Co., Notice of partial can 23 D 6-17-64 ing Co. (Operator), Harbaugh Unit, Ochiltree cellation 6-15-64.15 « remain in full force and effect until with the refunding and reporting pro et al. (partial abandon County, Tex. discharged by the Commission. cedure required by the Natural Gas Act ment). G-17106______Allegheny Land and Hope Natural Gas v Co., Supplemental agree (U) Shell Oil Company be and it is and § 154.102 of the regulations there C&D 6-17-64 Minerà Co. Acreage in Barbour, Brax ment 6-14-64.11M , hereby made a co-respondent with BTA under, and the agreement and under ton, Calhoun, Doddridge, Gilmer, Harrison, Lewis, Oil Producers (Operator), et al., in the taking filed in Docket No. G-20525 by Marion, Bitchie, Tyler, proceeding pending in Docket No. Shell shall remain in full force and effect Wetzel, and Wirt Coun until discharged by the Commission. ties, W. Va. G-20525, and said proceeding is redesig CI61-151___ Shell OU Co. Arkansas Louisiana Gas Co., Assignment 5-10-63 » 238 nated accordingly.5 (X) Docket No. CÏ64-1403 is hereby D 10-3-68 Manziel Field, Wood Effective date:
canceled. I I County, Tex. 11- 3-63. FEDERAL REGISTER (V) The agreement and undertaking CI61-346____ Horseshoe Gallup Gas El Paso Natural Gas Co., James A. Ford d/b/a submitted by Shell Oil Company to By the Commission. A 9-2-60 oline Corp. (successor Horseshoe GaUup Field, Maytex Gas Co., 4-9-64» to James A. Ford San Juan County, N. Mex. FPC GES No. 1. assure the refund of any amounts col [seal] Gordon M. Grant, d/b/a Maytex Gas Agreement 8-13-60___ lected on or after April 1,1964, in excess Co.) Assignment 8-13-60... Acting Secretary. Assignment 9-30-60. .. Assignment 9-11-61... Notice of succession.. FPC rate schedule to be accepted Docket No. and 3-30-64. date filed Effective date: Applicant Purchaser, field and location 12- 9-60. Description and date No. Supp. C161-564___ Compass Exploration, El Paso Natural Gas Co., Supplemental agree of document C 6-24-64 Inc. (Operator), et al. Ignacio-Bianco Field, La ment 5-25-64.» Plata County, Colo. CI61-1259--, C. K. GaUagher, Jr. 1 Transwestem Pipeline Co., Delfem Oil Co., FPC G-5464 ...... Mary Francis Pleasants Hope Natural Gas Co., Coal Thomas J. Francis, et 1 E 6-18-64 (Operator),et al. (suc E 5-25-64 Waha Field, Beeves GES No. 5. (successor to Thomas District, Harrison County, al., FPC GBS No. 1. cessor to Delfem Oil County, Tex. Notice of succession J. Francis, et al.). W. Va. Supplemental Nos. 1- 1 1-4 Co.) 6-18-64. 4. Assignment 4-3-64___ Notice of succession 5- Effective date: 4-10-64. 22-64.2 CI62-117-- James W. Beed (succes United Fuel Gas Co., Henry Davisson A. Benson, Last will and testa 1 5 E 6-8-64 sor to Davisson A. District, Clay County, Jr., FPC GBS No. ment 11-29-61.8 ‘ Benson, Jr.). G-8379...... W. Va. 2. Northern Pump Co., et Cities Service Gas Co., Fia- G. A. Kane, et al., »38 Notice of succession... E 6-17-64 al. * (successor to G. A. nup No. 1 Gas Unit, Fin FPC GES No. 1. Kane, et al.). 6-6-64. ney County, Kans. Supplemental Nos. 1- 38 1 -6 Assignment 2-25-64 L . 1 1 6 . CI62-353___ SheU Oil Co. Lone Star Gas Co., Manziel Assignment 3-8-63 » . . 258 1 Notice of succession 6- D 10-3-63 Field, Wood County, Tex. Assignment 5-10-6318- 258 2 10-64. Effective date: 11-3-63. Assignment 3-20-64 38 7 CI62-744— i.... Holly Nester d/b/a Hope Natural Gas Co., G-9528___ — Northern Pump Co.5 Letter Agreement 18 1 Colorado Interstate Gas Co., G. A. Kane FPC GBS 8^39 C 6-24-64 Schartiger Gas Co. Washington District, Cal 4-28-64.» E 6-17-64 (successor to G. A. Booney Gas Unit, Haskell No. 2 Kane). houn County, W. Va. and Seward Counties, Supplemental N os.\l- 39 1-4 CI63-947__ E. C. Hartman, et al—— Hope Natural Gas Co., Letter agreement 7 1 Kans. 4. C 6-23-64 Birch District, Braxton 3- 25-64.» Notice of succession 6- County, W. Va. 11-64. CI64-491— J. Everett Goffinet, et al. Hope Natural Gas Co., Letter agreement 1 2 Assignment 3-20-64 L_ 39 5 C 6-23-64 Grant District, Bitchie 4- 21-64.» G-13138...... Sinclair Oil & Gas Co., Northern Natural Gas Co., George T. Abell (Op «317 County, W. Va. E 4-20-64 Operator (successor to Acreage in Crane and erator), et al., FPC CI64-1403 ». T.E.L. Oil & Gas Corp. Western Gas Service Co., J. M. Kessler (Op 1 George T. Abell (Op Pecos Counties, Tex. • GBS No. 2. (G-3053) (Operator), etal. (suc Acreage in Texas County, erator), et al., FPC erator), et al.). Supplemental Nos. 1- 317 1-4 A 5-22-64 cessor to J. M. Kessler Okla. GBS No. 1. 4. (Operator), et al.). Supplemental No. 1 ... 1 1 Notice of succession 4- Notice of succession 14-64. (undated). Assignment 4-2-64 317 5 Assignment 1-23-62 » . 1 2 Effective date: 4-1- J. M. Kessler (Op 2 64. erator), et al., FPC G-13859...... Shell Oil Co. (partial Kansas-Nebraska Natural Notice of cancellation 162 4 D 6-22-64 GBS No. 2. abandonment). Gas Co., Inc., Elm Grove, 6-5-64.» < Notice of succession Atwood East, Key and (undated). Dune Bidge Fields, Logan Assignment 1-23-62 » . 2 1 County, Colo. Cities Service Gas Co., Guv- J. M. Kessler (Op 203 Filing code: A—Initial service. mon-Hugoton Field, erator), et al., FPC B—Abandonment. Texas County, Okla. GBS No. 3. C—Amendment to add acreage. Supplemental Nos. 1 3 1 and 2 D —Amendment to delete acreage. and 2 . E—Succession. Notice of succession (un dated). See footnotes at end of table. Assignment 1-23-627 ». 3 3 5 BTA Oil Producers (Operator), et al., and Shell Oil Company. 9 3 9 11940 11940
FPC rate schedule to be accepted EPC rate schedule to be accepted Docket No. and Docket No. and date filed Applicant Purchaser, field and location date filed Applicant Purchaser, field and location Description and date No. Supp. Description and date No. Supp. of document of document
H & H Oil and Gas Texas Gas Transmission Contract 6-8-6417. El Paso Natural Gas Co., Contract 1-1-50______2 CI64-1515... CI64-1465— Sam D. Ares (Operator), 1 A 6-22-64 Corp. Corp., Monroe Field, (G-13263) et al. (partial succes Acreage in Lea County, Letter agreement 6- 2 Union, Ouachita and A 6-8-64 sion).*1 N. Mex. 28-52. Morehouse Parishes, La. Letter agreement 9- 2 2 Hope Natural Gas Co., Contract 4-15-64» . . . . 17-53. CI64-1516— Ferrell L. Prior d/b/a 3 A 6-22-64 Prior Oil Co., et al. Murphy District, Ritchie Letter agreement 5- 2 County, W. Va. 6-54. Hope Natural Gas Co., Contract 7-29-63... Letter agreement 10- 2 4 064-1517-, Don W. Hardman, et al. d/b/a Hardman Union District, Ritchie Letter agreement 12-54. A 6-22-64 5-8-64.17 5 Drilling Co. County, W. Va. Letter agreement 7- 2 Natural Gas Pipeline Co. Contract 4-23-6417. 30-56. 064-1518-. Eason Oil Co______6 A 6-22-64 of America, Putnam Supplemental agree- 2 Field, Dewey County, ment 3-1-57. Supplemental agree- 2. 7 Okla. 064-1519.. Tidewater Oil C o ...... Montana-Dakota Utilities Contract 5-20-64... 135 ment 4-17-58. Letter agreement 135 8 A 6-22-64 Co., Muddy Ridge Field, Amendatory agree- 2 Fremont County, Wyo. 6-10-64.17 ment 1-18-61. Texas Eastern Transmis Contract 6-15-6417. Supplemental agree- 2 9 064-1520. . Crystal Oil and Land A 6-22-64. sion Corp., Elm Grove ment 1-2-64. Field, Bossier Parish, La. Letter agreement 3- 2 10 064-1521.. Phillips Petroleum Co. Northern Natural Gas Co., Contract 6-10-64» . . . 403 20-64. Anadarko Basin Area, Assignment 2-19-64 **. 2 11 A 6-23-64 12 Beaver County, Okla., Assignment 3-17-64 **. 2 and Ochiltree County, Effective date: 3-1-64. Tex. CI64-1483... Shell Oil Co. (partial El Paso Natural Gas Co., »305 Notice of cancellation 42 305' 1 064-1522... Union Texas Petroleum, Cities Service Gas Co., A 6-12-64 succession).** Andrews Field, Andrews Amendatory agree- West Lawrie Field, Logan 6-17-64.*11 ment 10-26-59. (0-10619) a division of Allied County, Tex. B 6-23-64 Chemical Corp. et al. County, Okla. Assignment 3-2-64 **. . 305 2 Contract summary 1 Effective date: 4-1-64. 064-1523... John L. Renner, agent Natural Gas of West Vir 5-15-64 17 319 A 6-23-64 for Renner and Alien. ginia, Inc., Battelle Dis 2-16-62.17 CI64-1500—. Sinclair. Oil & Gas Co__ Cities Service Gas Co., trict, Monongalia County, A 6-18-64 Northwest Lovedale W. Va. NOTICES Field, Harper County, 064-1524.. Cecil Meadows, et al Hope Natural Gas Co., Contract 4-17-64.. 9 O kla.' Letter agreement 9 6 3 A 6-23-64 d/b/a M A M Drilling. Washington District, Cal CI64-1501... Tenneco Oil Co. (for Tensas Gas Gathering Notice of cancellation houn County, W. Va. 5-21-64.» (G-13795) merly Tennessee-Tex Corp., Lake St. John 6-17-64.* » Hope Natural Gas Co., Contract 4-9-64 » . 8 Field, 'Concordia Parish, 064-1525.. .do. B 6-19-64 an Oil Co.). A 6-23-64 Birch District, Braxton La. , County, W. Va. CI64-1502.Ì. B. E. Talkington, et al., Hope Natural Gas Co., Contract 4-14-64 » . . . . 21 Hope Natural Gas Co., Contract 5-7-64 ...... 16 Meade District, Upshur 064-1526.. Philip Lemon, et al. A 6-19-64 agent for Talkington- A 6-23-64 Union District, Ritchie Brady, et al. County, W. Va. County, W. Va. CI64-1603... A. C. Radford, et al., Hope Natural Gas Co., Contract 4-23-64 » . . . . 6 Hope Natural Gas Co., Skin Contract 4-23-64 » .... 17 Union District, Clay 064-1527,. M. J. Moran, et al.. A 6-19-64 agent for Stephenson A 6-23-64 Creek District, Lewis Gas Co. County, W. Va. 4 County, W. Va. CI64-1504__ Delta Petroleum Co___ Hope Natural Gas Co., Contract 4-14-64 » . . . . Hope Natural Gas Co., Contract 4-22-64 » __ 22 West Union District, 064-1528... B. E. Talkington, et al. A 6-19-64 A 6-23-64 Meade District, Upshur Doddridge County, W. County, W. Va. Va. Lone Star Gas Co., J. G. 8 . Contract 3-16-64 » __ 1 Texas Eastern Transmission Contract 9-27-63 »___ 29 064-1529... W. R. Hughey (Opera CI64-1506... George Mitchell & As t A 6-23-64 tor), et al. Field, Panola County, A 6-22-64 sociates, Inc., agent Corp., Buttermilk Slough Field, Matagorda Coun Tex. for Mitchell & Mit 064-1530... Jack L. Phillips Opera Lone Star Gas Co., Carthage Contract 6-3-64 » __ _ 1 chell Gas & Oil Corp., ty, Tex. tor), et al. Field, Panola County, et al. A 6-23-64 897 Tex. CI64-1506— Pan American Petrole El Paso Natural Gas Co., Contract 5-25-64 » . . . . Lone Star Gas Co., Bene- Contract 3-18-64 » __ 16 Cha Cha Gallup Field, 064-1531... Petroleum Exploration, A 6-22-64 um Corp. (Operator), A 6-24-64 Inc. of Texas, et al. dum Prospect Field, Mc et al. San Juan County, N. Clain County, Okla. Mex. 064-1532... California Oil Co., west Montana-Dakota Utilities Contract 4-24-64...., 5 CI64-1607— Continental Oil Co.M— Panhandle Eastern Pipe ■Rftt.tflp.d 3-16-64 285 Letter agreement 5 285 1 A 6-24-64 ern division. Co., Muddy Ridge Field, A 6-22-64 Line Co., N.E. Trail Contract 5-10-63 » __ _ Fremont County, Wyo. 6-16-64.» Field, Dewey County, Hope Natural Gas Co., Lee Contract 4-22-64 » ... 63 Okla. 064-1533... McCall Drilling Co.* r.nntrai-.t R-1-64 » 2 A 6-24-64 Inc. District, Calhoun County, CI64-1510—_ Howard W. Sharpley, Hope Natural Gas Co., W. Va. A 6-22-64 et al. Glenville District, Gilmer Hone Natural Gas Co., Contract 4-22-64 » __ 2 County, W. Va. 064-4534__ Charles L. Hickman, Notice of cancellation 3 6 A 6-24-64 et al. Central District, Dod CI64-1512__ Twin Cities Gas Co...... Hope Natural Gas Co., dridge County, W. Va. Glenville District, Gilmer 6-6-64.* « (G-M93) 064-1536... Etonestreet Lands Co., Hope Natural Gas Co., Contract 5-6-64 » ___ 23 B 6-22-64 County, W. Va. Contract 4-15-64 » . .. . 39 A 6-24-64 Inc. Smithfleld District, Roane CI64-1513__ George Miller, et a ll___ Hope Natural Gas Co., County, W. Va. A 6-22-64 Troy District, Gf Hope Natural Gas Co., Contract 4-23-6477— 1 County, W. Va. 064-1537... A. R. Jackson, et al Contract 4-23-64 » . . . 1 A 6-24-64 d/b/a Burnt House Troy District, Gilmer CI64-1514__ MacTay Investment Co Hope Natural Gas Oil Gas Co. County, W. Va. A 6-22-64 Skin Creek District, & is County, W. Va. See footnotes at end of table. Thursday, August 20, 1964 FEDERAL REGISTER 11941
FPC rate schedule to be accepted Docket No. and HOUSING AND HOME date filed Applicant Purchaser, field and location Description and date No. Supp. of document FINANCE AGENCY / Office of the Administrator 0164-1539-—.*- J. R. Butler & Co_____ United Gas Pipe Line Co., Notice of cancellation 2 12 (G-9429) ; Sibley Field, Webster 6-24-64.* u B 6-24-64 Parish, La. DEPUTY URBAN RENEWAL 0164-1540__... Tribune Oil Corp______United Gas Pipe Line Co., Notice of cancellation » 2 4 COMMISSIONER (G-3198) Egan Field, Acadia Par 6-24-64.* 7» B6-24-64 ish, La. Redelegation of Authority With Re spect to Slum Clearance and Urban i Petition to amend certificate to reflect change in name to the only surviving interest holder. * Transmittal letter construed as Notice of Succession. Renewal Program »Agnes F, Monks to Mary Francis Pleasants, (Both parties were the only surviving interest holders under original contract.) The Deputy Urban Renewal Commis i Effective date: Date of this order. »Applicant filed motions to be substituted in all of its predecessor’s rate proceedings. sioner is hereby authorized to exercise «Bate in effect subject to refund by Commission’s order issued 7-26-62 under Docket No. RI63-12. all the authority delegated to the Urban »Effective date: Date of transfer of properties. Renewal Commissioner under para »Increased rate being made effective subject to refund in Docket No. RI64-596, as indicated in this order. * Bate in effect subject to refund in Docket No. RI64-219. graph numbered 1 of the Housing and 11 Assigns George T. Abell’s 75 percent interest in gas sales to Sinclair Oil & Gas Co. Home Finance Administrator’s delega •» Production of gas no longer economically feasible. » Source of gas depleted. tion of authority republished October » Adds acreage and deletes non-productive acreage. 14, 1960 (25 F.R. 9874), as amended,1 H Effective date: Date of initial delivery for added acreage; 7-18-64 for deletion of acreage, a Assigns acreage to R. W. Fair. with respect to the slum clearance and >• Applicant filed application to continue the sale by predecessor previously authorized under temporary certificate urban renewal program authorized un issued December 9,1960. n Effective date: Date of initial delivery. der Title I of the Housing Act of 1949, “ Application treated as a petition to amend Docket No. G-3053 to reflect the succession of interest. Docket No. as amended (63 Stat. 414-421, as 0164-1403 will be cancelled. amended 42 U.S.C. 1450-1464), and un i* Assignment from J. M. Kessler to T.E.L. Oil & Gas Corp. » Bate made effective subject to refund in Docket No. RI61-103; therefore successor is not released from the refund der section 312 of the Housing Act of obligation for amount collected to date of assignment, 1954 (68 Stat. 629, 42 U.S.C. 1450 note). a Partially succeeds Sinclair Oil & Gas Co. FPC GRS No. 148. *» Assigns acreage from Sinclair Oil & Gas Co. to Sam D. Ares and Dr. C. M. Eiffert down to depth of 3800 feet (62 Stat. 1283 (1948), as amended by 64 * Assigns one-half of Sam D. Ares and Dr. C. M. Eiffert’s interest to H. R. Harris and James Walton. u Partially succeeds BTA Oil Producers FPC GRS No. 4. Stat. 80 (1950), 12 U.S.C. 1701c; Housing »f Contract between Humble Oil & Refining Co. and El Paso Natural Gas Co. By assignment dated 11-1-56 and Home Finance Administrator’s delega BTA acquired a portion of the acreage from Humble. tion, as amended) ■ Partial assignment by BTA Oil Producers to Shell Oil Co. * Bate in effect subject to refund in Docket No. G-20525. 8 By letter filed 6-29-64 Applicant agreed to accept permanent certificate with same conditions imposed in Opinion Effective as of the 20th day of August No. 350. 1964. M Well has been shut in for conservation purposes since 1955. 11 Formerly Maracaibo Oil Exploration Corp. FPC GRS No. 2. W illiam L. S layton, [P.R. Doc. 64-8407; Piled, Aug. 19, 1964; 8:46 a.m.] Urban Renewal Commissioner. [F.R. Doc. 64-8433; Filed, Aug. 19, 1964; 8:48 a.m.] [Docket No. E-7165] recited that the application is on file and available for public inspection. SOUTHERN CALIFORNIA EDISON CO. On July 1, 1964, The Public Utilities AND DESERT ELECTRIC COOPERA Commission of the State of California SECURITIES AND EXCHANGE TIVE, INC. intervened in this proceeding by filing a Notice of Intervention. In addition, Order Fixing Hearing COMMISSION the Commission has received communi [File 7-2387] J uly 29, 1964, cations from several persons residing in or near the areas served by Coopera AMERICAN NATURAL GAS CO. On May 25, 1964, Southern California tive objecting to or expressing an interest Edison Company (Edison), Los Angeles, in the proposed transaction and re Notice of Application for Unlisted California, and Desert Electric Coopera questing that a public hearing be held in Trading Privileges and of Oppor te, inc. (Cooperative), Twentynine this matter at or near Twentynine tunity for Hearing Palms, California, filed in the above-en Palms. titled proceeding a joint application, pur The Commission finds: It is necessary August 14,1964. suant to section 203 of the Federal Power and appropriate for the purposes of the In the matter of application of the Act, seeking authorization for Edison to Federal Power Act that a public hear Detroit Stock Exchange for unlisted trad acquire all the electric facilities of Co ing be held in the above-entitled pro ing privileges in a certain security. operative, which are located in two areas ceeding as hereinafter provided. The above named national securities adjacent to Twentynine Palms, and to The Commission orders: Pursuant to exchange has filed an application with jnerge or consolidate such facilities with the authority contained in and subject the Securities and Exchange Commis own facilities. The application also to the jurisdiction conferred upon the sion pursuant to section 12(f) (2 ) of the eeks authorization for Cooperative to Federal Power Commission by the Fed Securities Exchange Act of 1934 and Rule u all its electric facilities to Edison, eral Power Act, particularly sections 203, 12f—1 thereunder, for unlisted trading ooperative owns and operates an elec- 307, 308, and 309 thereof, and pursuant privileges in the common stock of the fol .. c distribution system in the aforemen- to the Commission’s rules of practice lowing company, which security is listed ioned areas and purchases all its-electric and procedure, a public hearing shall be and Registered on one or more other requirements from Edison. Written held at or near Twentynine Palms, national securities exchanges: ,, lc® °* the application was given to California, respecting the matters in American Natural Gas Company; File 7-2387. siflGovernor and the State Commis- volved in and the issues presented in Upon receipt of a request, on or be „ . the States of California, Arizona this proceeding all at a time and place fore August 30, 1964 from any interested d Nevada. On June 13, 1964, notice and in the manner to be fixed by the person, the Commission will determine thn J! apphcation was also published in Secretary of the Commission. whether the application shall be set down DERAL Register (29 F.R. 7621), By the Commission. for hearing. Any such request should heard8 ^ any person desiring to be state briefly the nature of the interest encp f°r V? mahe any protest with refer- [seal] J oseph H. Gutride, of the person making the request and the befnmv , ■ aPPhcation should on or Secretary. position he proposes to take at the hear- tests wii-wu’ 1964, file Potions or pro- [F.R. Doc. 64-8408; Filed, Aug. 19, 1964; 1 Including 28 F.R. 2933, March 23, 1963; Wlth the Commission. The notice 8:46 a.m.] and 29 FJR. 8153, June 26,1964. 11942 NOTICES ing, if ordered. In addition, any inter The $1,500,000 balance of the proceeds Securities and Exchange Commission ested person may submit his views or will be applied toward the cost of con pursuant to section 12(f)(2) of the any additional facts bearing on the said struction for 1964. Any premium from Securities Exchange Act of 1934 and Rule application by means of a letter ad the sale of the bonds will be used for gen 12f—1 thereunder, for unlisted trading dressed to the Secretary, Securities and eral corporate purposes, including pay privileges in the common stocks of the Exchange Commission, Washington 25, ment of expenses of the proposed financ following companies, which securities D.C., not later than the date specified. ing program. Penelec’s 1964 construc are listed and registered on one or more If no one requests a hearing, this appli tion program provides for expenditures other national securities exchanges: cation will be determined by order of the of approximately $26,400,000. McDonnell Aircraft Corporation, File 7-2388. Commission on the basis of the facts Fees and expenses of the proposed fi Harris-Intertype Corporation, Pile 7-2389. stated therein and other information nancing are estimated at $90,000, and in contained in the official files of the Com clude legal fees of $20,000 and accounting Uporn receipt of a request, on or before mission pertaining thereto. fees of $4,200. The fees and disburse August 30,1964 from any interested per ments of counsel for the underwriters, to son, the Commission will determine For the Commission (pursuant to dele be paid by the successful bidder, will be whether the application with respect to gated authority). supplied by amendment. any Of the companies named shall be [SEAL] NELLYE A. THORSEN, The application states that the pro set down for hearing. Any such request Assistant Secretary. posed issuance and sale of bonds is sub should state briefly the title of the secu [P.R. Doc. 64-8403; Piled, Aug. 19, 1964; ject to the jurisdiction of the Pennsyl rity in which he is interested, the nature 8:46 ajn.] vania Public Utility Commission, the of the interest of the person making th,e State commission of the State in which request, and the position he proposes to Penelec is organized and doing business. take at the hearing, if ordered. In ad {File No. 70-4226] It is further stated that no other State dition, any interested person may submit PENNSYLVANIA ELECTRIC CO. commission and no Federal commission, his views or any additional facts bearing other than this Commission, has juris on any of the said applications by means Notice of Proposed Issuance and Sale diction over the proposed transaction. of a letter addressed to the Secretary, of First Mortgage Bonds at Com Notice is further given that any inter Securities and Exchange Commission, petitive Bidding ested person may, not later than Septem Washington 25, D.C., not later than the August 14,1964. ber 15, 1964, request in writing that a date specified. If no one requests a hear hearing be held on such matters, stating ing with respect to any particular appli Notice is hereby given that Pennsyl the nature of his interest, the reasons cation, such application will be de vania Electric Company (“Penelec”) , for such request, and the issues of fact termined by order of the Commission on 1001 Broad Street, Johnstown, Pennsyl or law raised by said application which the basis of the facts stated therein and vania, an electric utility subsidiary com he desires to controvert; or he may re other information contained in the of pany of General Public Utilities Corpora quest that he be notified if the Commis ficial files of the Commission pertaining tion (“GPU”) , a registered holding com sion should order a hearing thereon. thereto. pany, has filed an application with this Any such request should be addressed: Commission pursuant to the Public Util Secretary, Securities and Exchange Com For the Commission (pursuant to ity Holding Company Act of 1935 mission, Washington, D.C., 20549. A delegated authority). (“Act”), designating section 6 (b) of the copy of such request should be served Act and Rule 50 promulgated thereunder [seal! N ellye A. T horsen, personally or by mail (air mail if the per Assistant Secretary. as applicable to the proposed transaction. son being served is located more than 500 All interested persons are referred to the miles from the point of mailing) upon [F.R. Doc. 64-8405; Piled, Aug. 19, 1964; application, on file at the office of the the applicant at the above-stated ad 8:46 am.] Commission, for a statement of the dress, and proof of service (by affidavit transaction therein proposed which is or, in case of an attorney at law, by summarized below. certificate) should be filed contempora Penelec proposes to issue and sell, sub neously with the request. At any time DEPARTMENT OF LABOR ject to the competitive bidding require after said date, the application, as filed ments of Rule 50 promulgated under the or as it may be amended, may be granted Wage and Hour Division Act, $20,000,000 principal amount of as provided in Rule 23 of the general rules First Mortgage Bonds, ------percent and regulations promulgated under the : ertificates AUTHORIZING em Series due 1994. The interest rate of the Act, or the Commission may grant ex p l o y m e n t OF FULL-TIME STU bonds (which shall be a multiple of Ya emption from such rules as provided in DENTS WORKING OUTSIDE OF of 1 percent) and the price, exclusive of Rules 20(a) and 100 thereof or take such SCHOOL HOURS IN RETAIL OR accrued interest, to be paid to Penelec other action as it may deem appropriate. (which shall be not less than 100 percent SERVICE ESTABLISHMENTS AT SPE nor more than 102% percent of the prin For the Commission (pursuant to CIAL MINIMUM" WAGES delegated authority). cipal amount thereof) will be determined Notice is hereby given that pursuant by the competitive bidding. The bonds [ seal] N ellye A. T horsen, o section 14 of the Fair Labor Standards will be issued under the Mortgage and Assistant Secretary. Deed of Trust, dated as of January 1, \ct of 1938 (52 Stat. 1060, as amended, [FJR. Doc. 64-8404; Piled, Aug. 19, 1964; 59 U.S.C. 201 et seq.), the regulation on 1942, of Penelec to Bankers Trust Com 8:46 am.] jmployment of full-time students u pany, Trustee, as heretofore supple 3FR Part 519), and Administrative mented and as to be further supple Drder No. 579 (28 F.R. 11524), the establ mented by a Supplemental Indenture to [Pile Nos. 7-2388,7-2389] be dated October 1, 1964. ishments listed in this notice have bee McDo n n ell a ir c r a f t c o r p . a n d ssued special certificates authorizing Of the proceeds from the sale of the employment of full-time students wor- bonds (other than premium, if any, and HARRIS INTERTYPE CORP. accfued interest) $18,500,000, together ing outside of school hours at n°uy with $16,500,000 cash contributions Notice of Applications for Unlisted wage rates lower than the f*111111**, r Trading Privileges and of Oppor wage rates otherwise applicable u theretofore made to Penelec by its par section 6 of the act. The effective and ent company, GPU (File No. 70-4212), tunity for Hearing will be used to reimburse Penelec’s expiration dates, type of establishm August 14,1964. and total number of employees of treasury for construction expenditures establishment are as indicated oeiow. made prior to January 1, 1964 and, in In the matter of applications of the Philadelphia - Baltimore - Washington Pursuant to § 519.6(b) of the reg turn, to pay short-term notes due banks, Mon, the minimum certificate r®tes the proceeds of which were used for Stock Exchange for unlisted trading construction purposes. At June 30, privileges in certain securities. not less than 85 percent of the mini 1964, such short-term notes were out The above named national securities applicable under section 6 of tne standing in the amount of $32,300,000. exchange has filed applications with the Thursday, August 20, 1964 FEDERAL REGISTER 11943
The following certificates were issued Neisner Brothers, Inc., No. 61, San Antonio, Ohio pursuant to paragraphs (c) and (g> of Tex.; effective 7-20-64 to 7-19-65; sales clerk, §519.6 of 29 CFR Part 519, providing stock clerk, clerk; 10 percent for each month. No. MC 496 (Sub-No. 3) (REPUBLI for an allowance not to exceed the pro CATION) filed February 8, 1963, pub Each-certificate has been issued upon lished in F ederal R egister issue of June portion of the total number of hours the representations of the employer worked by full-time students at rates 12,1963, republished as corrected in F ed which, among other things, were that eral R egister issue of October 2, 1963, below $1.00 an hour to the total number employment of full-time students at spe of hours worked by all employees in the and republished this issue. Applicant: establishment during the base period, or cial minimum rates is necessary to pre THE BEITER LINE, INC., 270 North 10 percent, whichever is lesser, in occu vent curtailment of opportunities for em Abbe. Road, Elyria, Ohio and THE pations of the same general classes , in ployment, and the hiring of full-time BEITER LINE CORP., 270 North Abbe students at special minimum rates will Road, Elyria, Ohio, joint applicants. which the establishment employed full not tend to displace full-time employees. time students at wages below $1.00 an Applicants attorney: Taylor C. Burne- hour in the base period. The certificates may be annulled or with son, 3430 Leveque-Lincoln Tower, 50 drawn, as indicated therein, in the man West Broad Street, Columbus 15, Ohio. C. R. Anthony Co., No. 84, Dumas, Texas; ner provided in Part 528 of Title 29 of effective 9-3-64 to 9-2-65. the Code of Federal Regulations. Any Note : The purpose of this republication is Prank Dry Goods Co., 1017 South Calhoun to show The Belter Line Corp., as joint Street, Port Wayne, Ind.; effective 6-18-64 person aggrieved by the issuance of any applicant. to 9-2-64. of these certificates may seek a review Harry’s Pood Stores, Inc., 135 West Twohig, or reconsideration thereof within fifteen By the Commission. San Angelo, Tex.; effective 9-3-64 to 9-2-65. days after publication of this notice in [seal] H arold D. M cCoy, S. S. Kresge Co., No. 707, Metairie, La.; the F ederal R egister pursuant to the effective 7-8-64 to 9-2-64. provisions of 29 CFR 519.9. Secretary. S. S. Kresge Co., No. 168, St. Cloud, Minn.; [F.R. Doc. 64-8359; Filed, Aug. 19, 1964; effective 4-24-64 to 9-2-64. Signed at Washington; D.C., this 12th 8:45 a.m.] S. S. Kresge & Co., No. 744, Oklahoma day of August 1964. City, Okla.; effective 9-3-64 to 9-2-65. May Sons, Inc., 4113 West Madison Street, R obert G. G ronewald, (Notice 316] Chicago, HI.; effective 6-18-64 to 9-2-64. Authorized Representative MOTOR CARRIER ALTERNATE ROUTE May Sons, Inc., 3160 North Lincoln Ave of the Administrator. nue, Chicago, 111.; effective 6-18-64 to DEVIATION NOTICES 9-2-64. [F.R. Doc. 64-8410; Filed, Aug. 19, 1964; May Sons, Inc., 871 East 63d Street, Chi 8:46 a.m.] August 14, 1964. cago, HI.; effective 6-18-64 to 9-2-64. The following letter-notices of pro J. J. Newberry Co., 1410 119th Street, posals to operate over deviation routes Whiting, Ind.; effective 6-11-64 to 9-2-64. for operating convenience only have been J. J. Newben-y Co., 320 East Overland Street, El Paso, Tex.; effective 9-3-64 to INTERSTATE COMMERCE filed with the Interstate Commerce Com 9-2-65. mission, under the Commission’s Devia COMMISSION tion Rules Revised, 1957 (49 CFR 211.1 The following certificates were issued (c) (8 )) and notice thereof to all inter to establishments coming into existence [Notice 17] ested persons is hereby given as provided after May 1, I960, under paragraphs in such rules (49 CFR 211.1(d) (4)). (c), (d), (g), and (h) of §519.6 of 29 APPLICATIONS FOR MOTOR CARRIER Protests against the use of any pro CFR Part 519. The certificates permit “GRANDFATHER” CERTIFICATE OF posed deviation route herein described the employment of full-time students at REGISTRATION may be filed with the Interstate Com rates of not less than 85 percent of the August 14,1964. merce Commission in the manner and jttiniinum applicable under section 6 of The following applications are filed form provided in such rules (49 CFR the act in the classes of occupations under section 206(a) (7) of the Inter 211.1 (e)) at any time, but will not oper listed, and provide for limitations on the state Commerce Act, as amended Octo ate to stay commencement of the pro Percentage of full-time student hours ber 15, 1962. These applications are posed operations unless filed within 30 of employment at rates below the appli governed by Special Rule 1.244, of the days from the date of publication. cable statutory minimum to total hours Commission’s rules of practice published Successively filed letter-notices of the of employment of all employees. The in the F ederal R egister, issue of Decem same carrier under the Commission’s Percentage limitations vary from ber 8, 1962, page 12188, which provides, Deviation Rules Revised, 1957, will be nionth to month between the minimum among other things, that protests to the numbered consecutively for convenience ana maximum figures indicated. granting of an application may be filed in identification and protests if any with the Commission within 30 days should refer to such letter-notices by îwnîfi P*illicothe Corp., XJB. Highway h number. 7 Ohio; effective 7-20-64" after the date of notice of filing pf the '-19-65; office clerk, sales clerk, stock clei application is published in the F ederal Motor Carriers op P roperty between 8.8 percent and 10 percent. R egister. Failure seasonably to file a 4504, Reading, Pa.; effective protest will be construed as a waiver of No. MC 2998 (Deviation No. 5), WOLVERINE EXPRESS, INC., 701 Erie Mmtî0percent and !rî9-^5’ 10 percent. sales clerk; between < opposition and participation in the pro ceeding. Protests shall set forth specifi Avenue, Muskegon, Mich., filed August 3, 7-22^*’ ^ k 4053, Charlotte, N.C.; effecti cally the grounds upon which they are 1964. Carrier proposes to operate as a Percent J^Æ?1“65* sales clerk; between l p and 10 percent. made and contain a concise statement common carrier, by motor vehicle, of general commodities, with certain excep 7 - S f i : 1!0; 4013’ Baytown, Tex.; effecti of the interest of the protestant in the percent 19-65; sales clerk; between i proceeding. Protests containing gen tions, over a deviation route as follows: Percent and 10 percent. eral allegations may be rejected. A pro From Toledo, Ohio, over U.S. Highway 23 effective^ iNk°- 4°24’ South Houston, Te: test filed under these special rules shall to Flint, Mich., thence over Interstate tween 2 i ~15-64 7-8-65; sales clerk; b be served upon applicant’s representa Highway 75 to Bay City, Mich., thence ment c e r tiS ? ^ 10 percent (replac tive (or applicant, if no practitioner rep over U.S. Highway 10 to Clare, Mich., resenting him is named). The original thence over Michigan Highway 115 to iioust°n’ Tex-; effecti and six copies of the protests shall be junction Michigan Highway 37 at Mesick, percent tZ /T8-65: sales clerk; between i Mich., thence over Michigan Highway 37 cate). 40 10 Percent (replacement certi: filed with the Commission. The Special Rules do not provide for to Traverse City, Mich., and return over tive 7-uSS^’ *1°' 782* Houston, Tex.; effe publication of the operating authority, the same route, for operating conven 3.1 pe-cpÎ4 to J-8-65; sales clerk; betwei but the applications are available at the ience only. The notice indicates that certificate^ 10 percent (replacemei the carrier is presently authorized to Commission’s office in Washington, D.C., transport the same commodities over a effectfve^i^/,^” No‘ 715> Houston, Tei and the field offices. pertinent service route as follows: From between q ~15~64 to 7-14-65; sales cler Applications not included in this pub Toledo over U.S. Highway 223 to Somer a 31 Percent and 10 percent. lication will be published at a later date.. set, Mich., thence over U.S. Highway 127 11944 NOTICES to Lansing, Mich., thence over U.S. High notice indicates the carrier is presently Street, Detroit 16, Mich., filed August 5, way 27 to Clare, Mich., thence over U.S. authorized to transport the same com 1964. Carrier proposes to operate as a Highway 10 to Reed City, Mich., thence modities over a pertinent service route common carrier, by motor vehicle, of over U.S. Highway 131 to Walton, Mich., as follows: From Columbus over U.S. general commodities, with certain ex thence over Michigan Highway 113 to Highway 23 to Delaware, Ohio, thence ceptions, over deviation routes as fol junction Michigan Highway 37, thence over U.S. Highway 42 to Cleveland, and lows: (1) From Grand Rapids, Mich., over Michigan Highway 37 to Traverse return over the same route. over Interstate Highway 96 to Detroit, City, and return over the same route. No. MC 40302 (Deviation No. 4), Mich., (2) from Battle Creek, Mich.' No. MC 20555 (Deviation No. 7) FEDERAL EXPRESS, INC., 4930 North over Interstate Highway 94 to Port BRIGGS TRANSPORTATION CO., 2360 Pennsylvania Street, Indianapolis, Ind., Huron, Mich., and (3) from Bay City, West County Road C, St. Paul, Minn., 46205, filed August 3,1964. Carrier pro Mich., over Interstate Highway 75 to 55113, filed August 6,1964. Carrier pro poses to operate as a common carrier, by Toledo, Ohio, and return over the same poses to operate as a common carrier, motor vehicle, of general commodities, routes, for operating convenience only. by motor vehicle, of general commodi with certain exceptions, over a deviation The notice indicates that the carrier is ties, with certain exceptions, over a de route els follows: From Detroit, Mich., presently authorized to transport the viation route as follows: From Chicago, over Interstate Highway 75 to Dayton, same commodities over pertinent serv HI., over U.S. Highway 34 to junction Ohio, and return over the same route, ice routes as follows: from Grand Rap U.S. Highway 30, thence over U.S. High for operating convenience- only. The ids over U.S. Highway 16 to Detroit; way 30 to junction Alternate U.S. High notice indicates the carrier is presently from Battle Creek over U.S. Highway way 30, and return over the same route, authorized to transport the same com 12 to Ann Arbor, Mich., thence over for operating convenience only. The modities over a pertinent service route Michigan Highway 17 to Ypsilanti, notice indicates that the carrier is as follows: From Detroit over U.S. High Mich., thence over U.S. Highway 112 to presently authorized to transport the way 25 to Dayton and return over the Detroit, Mich., thence over U.S. High same commodities over a pertinent serv same route. way 25 to Port Huron, and from Bay ice route as follows: From Chicago over No. MC 42487 (Deviation No. 30), CON City over U.S. Highway 23 to Flint, Alternate U.S. Highway 30 to junction SOLIDATED FREIGHTWAYS COR Mich., thence over U.S. Highway 10 to U.S. Highway 30, approximately 4 miles PORATION OF DELAWARE, 175 Detroit, thence over U.S. Highways 24 west of Sterling, HI., and return over the Linfield Drive, Menlo Park, Calif., and 25 to Toledo, and return over the same route. 94025* filed August 3, 1964. Carrier pro same routes. No. MC 40302 (Deviation No. 1), FED poses to operate as a common carrier, by No. MC 59680 (Deviation No. ERAL EXPRESS, INC., 4930 North motor vehicle, of general commodities, 23), STRICKLAND TRANSPORTATION Pennsylvania Street, Indianapolis, Ind., with certain exceptions, over a deviation CO., INC., Post Office Box 5689, Dallas, 46205, filed August 3, 1964. Carrier route as follows: From Blaine, Wash., Tex., filed August 3, 1964. Carrier pro proposes to operate as a common carrier, over Interstate Highway 5 to San Diego, poses to operate as a common carrier, by by motor vehicle, of general commodities, Calif., and return over the same route, motor vehicle, of general commodities, with certain exceptions, over a deviation for operating convenience only. with certain exceptions, over a deviation route as follows: From Indianapolis, The notice indicates that the carrier route as follows: From Beaumont, Tex., Ind., over Interstate Highway 65 to is presently authorized to transport the over Interstate Highway 10 to Baton Nashville, Tenn., and return over the same commodities over pertinent serv Rouge, La., and return over the same same route, for operating convenience ice routes as follows: From Seattle over route, for operating convenience only. only. The notice indicates that the U.S. Highway 99 to the boundary of the The notice indicates that the carrier is carrier is presently authorized to trans United States and Canada; from Seattle presently authorized to transport the port the same commodities over a perti over U.S. Highway 99 via Tacoma and same commodities over a pertinent serv nent service route as follows: From Vancouver, Wash., to junction U.S. High ice route as follows: From Houston, Tex., Indianapolis over U.S. Highway 31 to way 99W, thence over U.S. Highway over U.S. Highway 90 to Iowa, La., thence Sellersburg, Ind., thence over U.S. High 99W via Portland, Oreg., to Junction over U.S. Highway 165 to Kinder, La., way 31E to Louisville, Ky., thence over City, Oreg. (also from Vancouver over thence over U.S Highway 190 to Baton U.S. Highway 31W to Nashville, and re U.S. Highway 99 to junction U.S. High Rouge, thence over U.S. Highway 61 to turn over the same route. way 99E, thence over U.S. Highway 99E New Orleans, La., and return over the No. MC 40302 (Deviation No. 2), FED to Junction City), and thence over U.S. same route. ERAL EXPRESS, INC., 4930 North Highway 99 via Drain, Oreg., to Medford No. MC 67647 (Sub-No. 2) (Deviation Pennsylvania Street, Indianapolis, Ind., (also from Drain over Oregon Highway No. 12), HALL’S MOTOR TRANSIT 46205, filed August 3,1964. Carrier pro 38 to Reedsport, Oreg., thence over U.S. COMPANY, Post Office Box 738, Sunbury, poses to operate as a common carrier, by Highway 101 to Coquille, Oreg., thence Pa., filed August 3, 1964. Carrier pro motor vehicle, of general commodities, over Oregon Highway 42 to junction U.S. poses to operate as a common earner, with certain exceptions, over a deviation Highway 99, and thence over U.S. High by motor vehicle, transporting general route as follows: From St. Louis, Mo., way 99 to Medford); from San Francisco commodities, with certain exceptions, over Interstate Highway 70 to Cam over U.S. Highway 40 to junction U.S. over deviation routes as follows: u) bridge, Ohio, and return over the same Highway 99W near Daves, Calif., thence From junction U.S. Highway 111 ana route, for operating convenience only. over U.S. Highway 99W to Red Bluff, Interstate Highway 695 (north of Bal The notice indicates that the carrier is Calif, (also from junction U.S. High timore, Md.) over Interstate Highway presently authorized to transport thé way 40T and U.S. Highway 99W over U.S. 695 to junction Interstate Highway oi, same commodities over a pertinent serv Highway 40 to Sacramento, Calif., thence over Interstate Highway 83 to ice route as follows: From St. Louis over thence over U.S. Highway 99E to Red junction U.S. Highway 22 (east of Harris U.S. Highway 50 to Vincennes, Ind., Bluff), thence over U.S. Highway 99 to burg, Pa.), and (2) from junction thence over U.S. Highway 41 to Terre Medford; from Calif a, Calif, over U.S. Highway 40 and Interstate Highway Haute, Ind., thence over U.S. Highway Highway 99 to Sacramento, Calif.; from at Baltimore, Md., over Interstate His ’ 40 to Cambridge, and return over the Los Angeles over U.S. Highway 99 to way 695 to junction Interstate Highway same route. junction California Highway 152, thence 95 (east of Baltimore), thence over in No. MC 40302 (Deviation No. 3), FED over California Highway 152 to Gilroy, terstate Highway 95 (also known ERAL EXPRESS, INC., 4930 North Calif., thence over U.S. Highway 101 to Northeast Expressway) to junction - • Pennsylvania Street, Indianapolis, Ind., San Jose, Calif., thence-over California Highway 13 (south of Wilmington, v • 46205, filed August 3,1964. Carrier pro Highway 17 to Oakland, Calif., thence and return over the same routes for' v poses to operate as a common carrier, over U.S. Highway 40 to San Francisco; erating convenience only. The n . by motor vehicle, of general commodities, from Los Angeles, over U.S. Highway 101 indicates that the carrier is Pres®™7 with certain exceptions, over a deviation to Orange, Calif, and from Orange over authorized to transport the same route as follows: From Columbus, Ohio, U.S. Highway 101 to San Diego, and modities over a pertinent sendee over Interstate Highway 71 to Cleveland, return over the same routes. as follows: From Baltimore, Ma., Ohio, and return over the same route, No. MC 59336 (Deviation No. 1), U.S. U.S. Highway 111 to Harrisburg, Pa- for operating convenience only. The TRUCK COMPANY, INC., 2290 24th fi*nm TTn.rrishiirer over U.S. Highway Thursday, August 20, 1964 FEDERAL REGISTER 11945 j Allentown, Pa. and from Baltimore, Md., 275 to junction Iowa Highway 375, thence Greyhound Lines Division) Market and ' over U.S. Highway 40 to junction U.S. over Iowa Highway 375 to Council Bluffs, Fremont Streets, San Francisco, Calif., Highway 13, thence over U.S. Highway Iowa, and thence over U.S. Highway 6 to 94106, filed August 3, 1964. Carrier's 13 to Trenton, N.J., and return over the Omaha; from Sheffield, HI., over U.S. attorney: W. T. Meinhold (same address 1 same routes. Highway 6 to Davenport, Iowa; from as carrier). Carrier proposes to operate No. MC 106401 (Deviation N o. 9), Davenport over U.S. Highway 150 to as a common carrier, by motor vehicle, JOHNSON MOTOR LINES, INC., 2426 Galesburg, 111.; from Des Moines over of Passengers and their baggage, over a ! North Graham Street, Post Office Box Iowa Highway 60 to Albia, Iowa; from deviation route as follows: Prom junc 10877, Charlotte 1, N.C., 28201, filed Kansas City, Mo., over U.S. Highway 69 tion Interstate Highway 5 and unnum August 3, 1964. Carrier proposes to to Des Moines; from Creston, Iowa, over bered highway (North Cottonwood operate as a common carrier, by motor Iowa Highway 25 to Greenfield, Iowa, Junction) over Interstate Highway 5 vehicle, of general commodities, with thence over Iowa Highway 92 to junction to junction unnumbered highway (South certain exceptions, over a deviation route U.S. Highway 71, thence over U.S. High Cottonwood’Junction), and return over ! as follows: Prom junction U.S. Alternate way 71 to junction Iowa Highway 100, the same route, for operating conven Highway 29 and Interstate Highway 26 thence over Iowa Highway 100 to Gris ience only. The notice indicates that | south over Interstate Highway 26 to wold, Iowa; and from Emerson, Iowa, the carrier is presently authorized to ! junction U.S. Highway 76, and return over U.S. Highway 59 to junction Iowa transport passengers over the following [ over the same route, for operating con- Highway 100 and thence over Iowa High pertinent service route: From the point ! venience only. The notice indicates that way 100 to Griswold, and return over the where U.S. .Highway 99 intersects the [ the carrier is presently authorized to same routes. Oregon-California State line, over U.S. i transport the same commodities over No. MC 107500 (Deviation No. 19), Highway 99 to Red Bluff, thence over pertinent service routes as follows: Prom BURLINGTON TRUCK LINES, INC., U.S. Highway 99W to junction U.S. the North Carolina-South Carolina State 796 South Pearl Street, Galesburg, HI., Highway 40 (South Woodland Junction), t line over South Carolina Highway 557 to filed August 6, 1964. Carrier proposes and return over the same route. Clover, S.C., thence over U.S. Highway to operate as a common carrier, by motor No. MC 2890 (Deviation No. 41) (Can 321 to York, S.C., thence over South vehicle, of general commodities, with celing Deviation No. 28), AMERICAN j Carolina Highway 49 to Union, S.C., Certain exceptions, over deviation routes BUSLINES, INC., 1805 Leavenworth | thence over U.S. Highway 176 to Whit- as follows: (1) Prom Lincoln, Nebr., over Street, Omaha 2, Nebr., filed August 7, : mire, S.C., thence over South Carolina Interstate Highway 80 to junction U.S. 1964. Carrier proposes to operate as a [ Highway 72 to Clinton, S.C., thence over Highway 34 and 281 south of Grand common carrier, by motor vehicle, of pas South Carolina Highway 56 to Spartan Island, Nebr., (2) from junction U.S. sengers and their baggage, over a devia burg, S.C., and thence over U.S. Highway Highways 34, 218, and Interstate High tion route /is follows: Prom Princeton, 221 to the South Carolina-North Caro way 80, south of Grand Island over Inter m*, over Illinois Highway 26 to junction lina State lin e fr o m Greenville, S.C., state Highway 80 to junction Nebraska Interstate Highway 8Q approximately one over U.S. Highway 276 to junction South Highway 44, south of Kearney, Nebr., (3) mile north of Princeton, thence over Carolina Highway 14, thence over South from junction Interstate Highway 80 and Interstate Highway 80 to junction Inter Carolina Highway 14 via Simpsonville Nebraska Highway 44, south, of Kearney state Highway 280, thence over Interstate and Fountain Inn, S.C., to junction U.S. over Interstate Highway 80 to junction Highway 280 to junction U.S. Highway Highway 276, thence over U.S. Highway Interstate Highway 80S, thence over In 67, thence over U.S. Highway 67 to Rock 276 to Laurens, S.C., and thence over terstate Highway 80S to junction U.S. Island, 111., also from junction Interstate U.S. Highway 76 to Columbia, and return Highway 6 near Sterling, Colo., (4) from Highway 80 and U.S. Highway 150, over the same routes. junction Interstate Highway 80S and U.S. thence over U.S. Highway 150 as an ac No. MC 107500 (Deviation No. 18), Highway 6, near Sterling over Interstate cess route to Moline, 111., also from junc BURLINGTON TRUCK LINES, INC., Highway 80S to junction U.S. Highway tion Interstate Highway 80 and Illinois 796 South Pearl Street, Galesburg, 111., 6, near Brush, Colo., (5) from junction Highway 84, over Illinois Highway 84 as filed August 6,1964. Carrier proposes to Interstate Highway 80S and U.S. High an access route to Colona, 111., also from operate as a common carrier, by motor way 6 near Brush over Interstate High junction Interstate Highway 80 and Illi vehicle, of general commodities, with way 80S to junction Interstate Highway nois Highway 82 via Illinois Highway 82 certain exceptions, over deviation routes 80S and U.S. Highway 6 and 34, near as an access route to Geneseo, HI., and as follows: (1) Prom Chicago, 111., over Wiggins, Colo., and (6) from the junction return over the same routes, for operat Interstate Highway 55 to junction In of Interstate Highway 80S and UJS. ing convenience only. The notice indi terstate Highway 80, southwest of Joliet, Highways 6 and 34, over Interstate High cates that the carrier is presently author 111., thence over Interstate Highway 80 way 80S to Denver, Colo., and return over ized to transport passengers over a perti to Princeton, HI., (2) from Princeton, the same routes, for operating conven nent service route as follows: (1) Prom over Interstate Highway 80 to junction ience only. Chicago over U.S. Highway 20 to junction interstate Highway 280, thence over In Illinois Highway 42A, thence over Illinois terstate Highway 280 to junction U.S. The notice indicates that the carrier Highway 42A to junction Alternate U.S. Highway 150 near Moline, 111., (3) from is presently authorized to transport the Highway 30, thence over Alternate U.S. Davenport, Iowa, over Interstate High- same commodities over pertinent service Highway 30 to junction U.S. Highway 45 i-® to junction Interstate Highway routes as follows: From Broken Bow, thence over U.S. Highway 45 to La- ¡tin ence over Interstate Highway 235 Nebr., over Nebraska Highway 2 to .Lin Grange, 111., thence over U.S. Highway J Des Moines, Iowa, and (4) from Des coln, thence over U.S. Highway 6 to 34 to junction Hlinois Highway 65 at moines over Interstate Highway ?35 to Omaha; from Grand Island over U.S. Naperville, 111., thence over Illinois High 2 ™ Interstate Highway 80, thence Highway 281 to Hastings, Nebr.; from way 65 to Aurora, HI., thence over Hlinois ver Interstate Highway 80 to Omaha, Grand Island, over U.S. Highway 30 to Highway 31 to junction U.S. Highway 34, Dr., and return over the same routes, Kearney, thence over Nebraska Highway thence over U.S. Highway 34 to junction operating convenience only, 44 to junction U.S. Highway 6; from U.S. Highway 275 at Gl6nwdod, Iowa, and k nHighway 3 via Edison, Nebr., to junction U.S. Highway 6, and thence over U.S. Colona, 111., to junction Illinois Highway 3i t^a-’ thence over Illinois Highway 92 near Silvis, 111. (this unnumbered fmm PHction U.S. Highway 34 (also Highway 6 to McCook, Nebr. and from Denver over U.S. Highway 6 to McCook, highway is now Hlinois Highway 84 from m J S f r n u s - Highway 34 and a point two miles west of Green River), 34. ± Highway 65 over U.S. Highway and return over the same routes. thence over Hlinois Highway 92 via Silvis thenPD ■,uncti°n Illinois Highway 31), M otor Carriers of P assengers to junction U.S. Highway 150, thence wood T0Ver U-S- Highway 34 to Glen- No. MC 1515 (Deviation No. 185), over U.S. Highway 150 to junction U.S. > Iowa, thence over U.S. Highway GREYHOUND LINES, INC. (Western No. 163_____ Highway 67, and thence over U.S. High- 11946 NOTICES way 67 to Davenport, Iowa, and return Building, Richmond, Va. Certificate of regulations contained in certain sched over the same routes. public convenience and necessity sought ules described therein; to operate a freight service as follows: It further appearing, that under sec By the Commission. Transportation of property, (1) between tion 216(g) of the Interstate Commerce [seal] Harold D. McCoy, junction Interstate Highway 95 and Act respondents have the burden of proof Secretary. Virginia Highway 54 and terminal area to show that the proposed changed rates, and [F.R. Doc. 64-8360; Filed, Aug. 19, 1964; of Fredericksburg, Va., over Interstate charges, and regulations are just 8:45 ajn.] Highway 95, together with its inter reasonable; changes connecting with applicant’s And it further appearing, that in order other authority, with the following limi that consideration be given to all factors tation: No freight to be picked up or de which may bear upon a proper deter NOTICE OF FILING OF MOTOR CAR livered under this certificate along this mination of the issues, including the RIER INTRASTATE APPLICATIONS route; (2) between junction Interstate question whether the resulting earnings would be just and reasonable, it is August 14,1964. Highway 95 and Virginia Highway 207 and junction U.S. Highway 301 (Virginia deemed appropriate in the public interest The following applications for motor Highway 2) and Virginia Highway 207, and pursuant to section 216 (i) of the common carrier authority to operate in over Virginia Highway 207 (Caroline act that the information specified below intrastate commerce seek concurrent County), with the following limitation: be included in the record to be developed motor carrier authorization in interstate No freight to be picked up or delivered in this proceeding; or foreign commerce within the limits under this certificate along this route And good cause appearing therefor: of the intrastate authority sought, pur and within the terminal area of Bowling It is ordered, That respondents be, and suant to section 206(a) (6) of the Inter Green, Va., except Camp A. P. Hill; (3) they are hereby, notified and required to state Commerce Act, as amended Oc between Fredericksburg, Va. and junction submit evidence and supporting data tober 15, 1962. These applications are Interstate Highway 95 and Virginia which shall include, among other things, governed by Special Rule 1.245 of the Highway 350, over Interstate Highway actual cost and revenue data and operat Comm ission’s rules of practice, pub 95, together with its interchanges con ing ratios specifically related to the traffic lished in F ederal R egister, issue of necting with applicant’s other authority, and territories involved, over-all operat April 11, 1963, page 3533, which pro with the following limitation: No freight ing ratios, detailed data to establish the vides, among other things, that protests will be taken on under this certificate at representative nature of the carriers and requests for information concerning Fredericksburg or points between Fred used, and detailed data to disclose car the time and place of State Commission ericksburg and the State line for de rier-affiliate financial and operating re hearings or other proceedings, any sub livery at Alexandria or points between lationships and transactions, as gen sequent changes therein, and any other Fredericksburg and the State line, and erally indicated by the admonitions in related matters shall be directed to the no freight will be taken on under this General Increase—Middle Atlantic and State Commission with which the ap certificate at Alexandria or points be New England Territories, 319 I.C.G. 168, plication is filed and shall not be ad tween the State line and Fredericksburg and in General Increases—Transconti dressed to or filed with the Interstate for Fredericksburg or points between the nental, 319 I.C.C. 792, and in addition all Commerce Commission. State line and Fredericksburg; (4) pertinent evidence and supporting data State Docket No. L-8859, Case No. 5, between junction Interstate Highway for the individual representative carriers filed July 6, 1964i Applicant; MER 95 and Marine Corps Truck Highway and regarding, but not limited to, the follow CHANTS DELIVERY SERVICE, 2326 the Potomac River, over Marine Corps ing as they relate to their overall opera Delange SE., Grand Rapids, Mich. Ap Truck Highway (Prince William tions and to those specifically relating plicant’s attorney: J. M. Neath, Jr., 390 County); (5) between junction Dulles to the traffic and territories involved: Michigan Trust Building, Grand Rapids, Airport Road and Interstate Highway 66 (1) Ratios of net income before and Mich. Certificate of public convenience near Falls Church, Va., and Dulles Air after income taxes to net worth (assets and necessity sought to operate a freight port, over Dulles Airport Road (Fairfax minus liabilities), service as follows: Transportation of (1) County); and (6) from junction Virginia (2) Ratio of net carrier operating in merchandise in packages no larger than Highway 350 (Interstate Highway 95) come to total carrier operating revenues. 12 cubic feet or 90 pounds for Avon Prod and Interstate Highway 495, along this (3) Ratios of net income before and ucts, Inc., Montgomery Ward & Co., circumferential highway 495 eastwardly after income taxes to total carrier op Bixby Office Supply Co., and Economy and westwardly to the State line (Fair erating revenues, Office Supply Co., and (2) merchandise fax County). - (4) Ratio of net carrier operating in for Grinnell Brothers, (a) with respect HEARING: September 29, 1964, at come to net book value of carrier op to commodities described in (1), from 10:00 a.m. (standard time), in the Court erating property plus net working capital Grand Rapids, Mich., and its commer room, Blanton Building, Richmond, Va. (current assets minus current liabilities), cial zone, to points within forty (40) Requests for procedural information, (5) Ratios of net income before and miles of Grand Rapids; (b) with respect including the time for filing protests con after income taxes to net book value of to commodities described in (2), from cerning this application should be ad carrier operating property plus net Grand Rapids, Mich, and its commercial dressed to th e Virginia Corporation working capital (current assets minus zone, to points within ninety (90) miles Commission, Post Office Box 1197, Rich current liabilities); , of Grand Rapids; and (c) with respect mond 9, Va., and should not be directed It is further ordered, That the detailed to commodities described in (1) and (2),~ to the Interstate Commerce Commission. data required to be submitted by re the return of damaged, rejected, or spondents regarding carrier-affiliate n- traded merchandise in every instance. By the Commission. nancial and operating relationships an HEARING: September 9, 1964, at 9:30 [seal] H arold D. McCoy, transactions shall include, with respec a.m., in the offices of the Commission, Secretary. to any and all individuals, partnership ■ Lewis Cass Building, South Walnut [FH. Doc. 64-8362; Filed, Aug. 19, 1964; and corporations affiliated with Street, Lansing, Mich. 8:45 aju.] spondents, the following information. Requests for procedural information, 1. Name of each affiliate from whi including the time for filing protests respondent, during the year 1963, concerning this application should be [No. 34454] quired, leased or purchased lands. Duu addressed to the Michigan Public Serv NEW ENGLAND TERRITORY ings, equipment, materials, supP ’ ice Commission, Lewis Cass Building, parts, tires, tubes, gasoline, oil, , Lansing, Mich., 48913, and should not be Increased LTL, AQ and TL Rates property or services used by resQ' directed to the Interstate Commerce ent in its operations as a motor w*“ It appearing, that by order dated July Commission. mon carrier. . State Docket No. 16913, filed June 30, 24, 1964, in the above-entitled proceed 2. Kinds of property or service w 1964. Applicant: ESTES EXPRESS ing, the Commission, Division 2, acting each affiliate supplied to responden. LINES, 1405 Gordon Avenue, Richmond, as an appellate division, instituted an investigation into and concerning the 3. Basis of charges for piO&M * Va. Applicant’s attorney: John W. services supplied by affiliate to r P Pearsall, 1005 State-Planters Bank lawfulness of the rates, charges, and Thursday, August 20, 1964 FEDERAL REGISTER 11947 ent, including the base and rate for tyy a person or persons having knowl It is further ordered, That a copy of rental charges. edge thereof, and a verified original and this order be delivered to the Director, 4. Total charges by each affiliate to re two additional copies shall be mailed to Office of Federal Register, for publication spondent during year 1963 for: the Secretary, Interstate Commerce in the F ederal R egister as notice to all a. Lease of vehicles. Commission, Washington, D.C., 20423, in interested persons. b. Lease of terminals. sufficient time to reach the Commission And it is further ordered, That, to c. Lease of other property. on or before October 19,1964; .* avoid future unnecessary service upon d. Pickup and delivery of shipments. U is further ordered, That: those respondents who, although partici e. Repair and servicing of vehicles. (1) The respondents and interveners pating carriers in the tariff schedules f. Management, accounting, financial, in support thereof shall serve on the which are the subject of investigation legal, purchasing, or traffic solicitation parties of record bn or before October herein, are not actively interested in the services. . 19,1964, their direct evidence in the form outcome of such investigation, subse g. Property sold by affiliate to re of verified statements (with exhibits and quent service on respondents herein of spondent. appendices, if any); and that they also, notices and orders of the Commission 5. If the affiliate derives revenue from at the same time, shall file the original will be limited to those respondents who: the sale or lease of property or from serv (with affidavits and signatures in ink) (1) Have been identified by name in ices through transactions with persons and two copies with this Commission, the order or orders of investigation other than respondent, indicate the per together with certificates of service in herein, centage of the revenue of such business accordance with rules 1.22(a) of the (2) Specifically make written Requests to the total revenue of the affiliate in the General Rules of Practice; to the Secretary of the Commission to be year 1963. (2) The protestants and interveners included on the service list, or 6. A copy of the income statements of in support thereof shall serve on the (3) Have appeared at a hearing. each affiliate for the year 1963 and the parties of record on or before November latest period of 1964 for which an income 16, 1964, their evidence in the form of Dated at Washington, D.C., this 3d day statement is available. verified statements (with exhibits and of August, A.D., 1964. 7. A statement listing the amounts appendices, if any); and that they shall By the Commission, Commissioner of wages, salaries, bonuses, and other - comply also with the provisions in the Freas. compensation paid by the affiliate in 1963 preceding paragraph regarding the filing j to any individual who is also a respond- and service of statements; [seal] Harold D. McCoy, | ent or an officer, director or substantial (3) This proceeding be, and it is here Secretary. stockholder of a respondent; or the wife by, referred to Examiner H. C. Lawton Service List Showing Parties of Record i or close relative of a respondent or for hearing on November 30, 1964, 9:30 a s of August 3, 1964 officer, director or substantial stock o’clock a.m. U.S. standard time at the RESPONDENT holder of a respondent. Hotel Essex, Boston, Mass., for the pur 8. The term “affiliate” as used in this Herman Matthei, The New England Motor pose of cross-examination and the intro Rate Bureau, Inc., 125 Lincoln Street, Bos order means: duction of rebuttal evidence, and to per ton, Mass., 02111. a. Any individual who is also a re mit the examiner to close the record; and spondent; an officer, director, or sub- for the recommendation of an appro PROTESTANTS I stantial stockholder of a respondent; or priate order thereon, accompanied by the T. J. Townsend, Joy Manufacturing Co., I the wife or close relative either of a re- reasons therefor; Claremont, N.H. j spondent, or of an officer, director, or (4) Parties desiring to cross-examine John B. Hedges, Post Office Box 118, West | substantial stockholder of a respondent. witnesses who have submitted verified Hartford, Conn., 06107 (for the New Eng | b. Any partnership in which one of the land Industrial Traffic League, Inc.). statements must give notice, in writing, John D. Murphy, The Wiremold Co., Hart I partners is a respondent; an officer, of such request to affiant and his coun ford, Conn. director, or substantial stockholder of sel, if any, on or before November 23, John M. Cleary, Pope, Ballard & Loos, At a respondent; or the wife or close rela 1964, a copy of such notice to be filed torneys, Brawner Building, 888 17th Street tive either of a respondent or of an simultaneously with this Commission. NW., Washington, D.C., 20006. officer, director, or substantial stock- Failure of any witness whose attendance Ronald Kennedy, The Shippers Conference I holder of a respondent. is requested to appear at the hearing of Greater New York, Room 1548, 111 I corPoration whose stock is for cross-examination shall be considered Eighth Avenue, New York, N.Y., 10011. I wholly or partly owned by a respondent; John P. Bohman, Attorney, 335 East Broad good cause for the rejection of his veri way, Gardner, Mass, (for American Gear I ¿LS? °fficer» director, or substantial fied statement (with exhibits and ap Manufacturers Association, et al.). | stockholder of a respondent; or by the pendices, if any); Raynard P. Bohman, Jr., 335 East Broadway, [ or close relative either of a respond- (5) All underlying data used in the Gardner, Mass, (practitioner for National Hoi of, an officer, director, or substan- preparation of evidence set forth in the Furniture Traffic Conference, Inc., et al.). I tiai stockholder of a respondent. verified statements (with exhibits and John J. C. Martin, American Home Products I i corporation which exercises appendices, if any) shall be made avail Corp., 685 Third Avenue, New York 17, N.Y. lirfiiro °!er the operations or finances able in the office of the party serving (for National Small Shipments Traffic Con | of respondent. ference, etc.). such verified matter during usual office E. P. Hoyes, Witco Chemical Co., Inc., Post IJ I,“ forth# ordered, That the traffic hours for inspection by any party of rec Office Box 305, Paramus, N.J., 07652. urn* f i° f® submitted shall be based ord desiring to do so; and that under John V. Hoey, Jr., National Textile Traffic E £ Ual operations conducted during lying data shall be made available also Bureau, Inc., 366 Fifth Avenue, New York Irier and Iiu 10ds of tlme for ea°h car- at the hearing, but only if and to the. N.Y. I be Laad the actual cost studies shall extent specifically requested in writing Frank W. Schneider, Holyoke Chamber of and required by any party for the pur Commerce, 300 High Street, Holyoke, Mass. I L n S upon the operations of the T. A. Dooley, The Stanley Works, New Brit ffies- £fed in the traffic pose of cross-examination; ain, Conn. h elS fr Qtha , the Peri°ds of time (6) Anyone desiring to become a party G. J. Maloney, c/o Gering Plastics Co., 200 I used in °r’ we^ as tlie m°tor carriers of record and to participate in the hear North Seventh Street, Kenilworth, N .J, [shall bp\hUCh ?ost and traffic studies ing, and receive and/or serve copies of 07033. [their l i h?Wn t0 56 representative and the evidence to be filed in accordance John B. Hedges, Manufacturers Association I statistically sound; with the procedure set forth above, must of Connecticut, Inc., 928 Farmington Ave ordered> That all of the notify the Commission and all the then nue, West Hartford, Conn. known parties of record, in writing, on Francis J. Cincotta, New England Paper & be bLn ta specifled in this order shall Pulp Traffic Association, 38 Chauncy Street, I most reppi^fP°n and reflect at least the or before October 1, 1964. Attached, Boston 11, Mass. If is S f nnual reporting period; hereto is a list of the presently known A. T. Easley, New Hampshire Manufacturers’ parties of record. Association, 130 Middle Street, Manchester tailed informer Wdered> ^at the de- (7) Evidence presented which fails to NJH. der wSh atl°n Called % this or- conform to the above outlined procedure Exeter Manufacturing Co., Exeter, NJEL I shall be in ^espf ct to carrier-affiliates will not become a part of the record in ln writmg and shall be verified [F.R. Doc. 64-8364; Filed, Aug. 19, 1964; this proceeding. 8:45 a.m.] ‘ - / 11948 NOTICES [No. MC-C-4520] (e) The extent to which the authority held Rates on paper bags, in carloads, from by applicant is restricted to service on behalf Salt Lake City, Utah, to points in western MOTOR CONTRACT CARRIER of a named shipper or class of shippers. trunk-line territory, also Colorado and (B) Proof in Conversion Cases, (1) Appli Wyoming. OPERATIONS cations for authority as a common carrier in lieu of presently held contract carrier Grounds for relief: Market compe Petition for Rulemaking Proceedings authority filed under section 207 of the Act tition. shall be granted upon proof of public con Tariffs: Supplement 5 to Western August 14,1964. venience and necessity in an appropriate Trunk Line Committee, agent, tariff Petition for Rulemaking under provi proceeding in which the Commission Shall I.C.C. A-4530 and supplement 21 to Col- sions of Rule 1.44; Motor contract car consider, among other factors, the following: orado-Utah-Wyoming Committee, agent, (a) The extent of operations conducted by tariff I.C.C. 27. rier operations, Definition and Conver applicant for a period of six months prior to sions: the filing of the application, that are cor By the Commission. Petitioner: Contract Carrier Confer roborated by a properly documented abstract ence of American Trucking Associations, of shipments, [seal] Harold D. McCoy, Inc.; petitioner’s attorneys: Clarence D. (b) Whether or not present contracting Secretary. Todd and Eugene M. Malkin, 1825 Jef shippers have consented to the discontinu [F.R. Doc. 64-8431; Piled, Aug. 19, 1964; ance of applicant’s contract carrier services, 8:48 a.m.] ferson Place NW., Washington, D.C., and the extent to which the common carrier 20036. services of applicant would be utilized. By petition filed July 24, 1964, pe (c) The benefits to the public resulting [Notice 1032] titioner requests institution of a Rule- from a conversion of applicant’s authority, making proceeding to consider, adopt, and the effect thereof upon existing services. MOTOR CARRIER TRANSFER and promulgate rules and regulations [P.R. Doc. 64-8365; Piled, Aug. 19, 1964; PROCEEDINGS relative to the definition and conversion 8:45 a.m.] August 17, 1964. of Motor Contract Carrier Operations. Petitioner asks consideration and Synopses of orders entered pursuant ] adoption of the rules contained in the FOURTH SECTION APPLICATIONS FOR to section 212(b) of the Interstate Com- j Appendix below. RELIEF merce Act, and rules and regulations In conclusion, petitioner requests the prescribed thereunder (49 CFR Part j August 17, 1964. Commission issue regulatory guidelines 179), appear below: and policy statements which will elimi Protests to the granting of an appli As provided in the Commission’s spe nate the growing uncertainty as to (1) cation must be prepared in accordance cial rules of practice any interested per- j the purported existence of a fixed limit with Rule 1.40 of the general rules of son may file a petition seeking recon on the number of persons that may be practice (49 CFR 1.40) and filed within sideration of the following numbered served by a contract carrier, (2) the type 15 days from the date of publication of proceedings within 20 days from the this notice in the F ederal R egister. date of publication of this notice. Pur of circumstances under which a con suant to section 17(8) of the Interstate j tract carrier is free to serve additional Long- and-S hort Haul shippers within particular industries or Commerce Act, the filing of such a peti FSA No. 39196: Iron or steel articles to tion will postpone the effective date oi j within a class, (3) the conclusiveness of the order in that proceeding pending contracts which are officially noticed Pascagoula, Miss. Filed by Traffic Exec utive Association-E a s t e r n Railroads, its disposition. The matters relied upon , without the involved carrier’s knowledge by petitioners must be specified in their and acquiescence, and (4) the evidence agent (E.R. No. 2734), for interested rail carriers. Rates on iron or steel articles, petitions with particularity. and principles applicable in ensuing sec No. MC-FC 66813. By order August j tion 207 conversion cases. viz: Plate or sheet, noibn, galvanized or plain, corrugated or not corrugated; also 12, 1964, the Transfer Board approved A n y interested person wishing to make the transfer to Jung Transportation Co., representations in favor of or against the strip steel, noibn, in carloads, from Can ton, Cleveland, Massillon, and Warren, Inc., Milwaukee, Wis. of the operating j petition, may do so by the submission rights in Certificate in No. MC 123040, is- j of written data, views, or arguments. Ohio, also Butler, Pa., to Pascagoula, Miss. sued December 13, 1960, to Anton Juns. j An original and 20 copies of such date, doing business as Jung Transportation i views, or arguments shall be filed with Grounds for relief: Market compe tition. Co., Milwaukee, Wis., over irregular the Commission on or before September Tariff: Supplement 5 to Traffic Exec routes, of fruits, vegetables and sucn 21,1964. utive Association-E a s t e r n Railroads, merchandise as is dealt in by whoiesaK grocery houses and in connection there- By the Commission. agent, tariff I.C.C. C-428. FSA No. 39197: Liquefied chlorine gas with equipment, materials, and supplies, [seal] Harold D. M cCoy, to Hattiesburg, Miss. Filed by O. W. used in the conduct of such business, Secretary. South, Jr., agent (No. A4551), for and on from Chicago, 111., to Fond du Lac ana behalf of Illinois Central Railroad Com Oshkosh, Wis.; and beer from Chicago, Appendix pany. Rates on liquefied chlorine gas, in 111., to Fond du Lac, Wis. GeorgeS. Mm (A) Determination of Limited Number, tank-car loads, from Memphis, Tenn., lins, 4704 West Irving Park Road, on (1) For the purposes of determining whether to Hattiesburg, Miss. cago, 111., 60641, representative wr. a contract carrier is serving or will be in a Grounds for relief: Market compe position to serve more than a “limited num tition. aPNoiCM(S-FC 67150. By order Jjj ber of persons’* under section 203(a) (15) of Tariff: Supplement 185 to Southern gust 13, 1964, the Transfer Boitfd the Act, the Commission shall consider the Freight Association, agent, tariff I.C.C. proved the transfer to Columb following: portation Co., a Corporation, P ^ (a) The number of persons actually served S-116. as the date that the carrier’s status was con FSA No. 39198: Liquefied chlorine gas Maine of Permit No. MC 16®®1’p2 ht firmed as a contract carrier under section to Cantonment, Fla. Filed by O. W. February 4, 1963 to Robinson 212(c) of the Act, or the number of persons South, Jr., agent (No. A4552), for inter Line, Inc., Middleton, M^ s., authoring actually served as of the date the last permit ested rail carriers. Rates on liquefied the transportation over part was issued, whichever event occurs later. chlorine gas, in tank-car loads, from Cal of canned goods, from P°int?J£. ing at (b) The number of persons that are actu vert, Ky., to Cantonment, Fla. of Maine west of a line beginning^ ally being served as of the date of the hearing Grounds for relief: Market compe Canaan, and extending an and and the number of persons that applicant Damariscotta, to the Atlantic O ’ will be in a position to serve if the authority tition. is granted. Tariff: Supplement 185 to Southern on and south of (c) The performance of specialized service Freight Association, agent, tariff I.C.C. irig the points named, to Somerv Boston, Mass.; apples, m ?onw ^ to a distinct class or classes of shippers, or S-H 6. an individual and highly specialized service from points in New Hampshi ^ FSA No. 39199: Paper bags from Salt south of New Hampshire Highway ^ for each of several shippers. Lake City, Utah. Filed by Western (d) The number of separate categories of Trunk Line Committee, agent (No. and those in Maine specified ^ mer. commodities authorized by the permits, and Somerville and Boston, Mass., the territorial scope of the authority. A2370), for interested rail carriers. Thursday, August 20, 1964 FEDERAL REGISTER 11949 chandise as is dealt in by wholesale, re chandise, order forms, company records, Mary E. Kelley, 10 Tremont Street, Bos tail and chain grocery and food business and advertising matter, from points in ton, Mass., 02108, attorney for applicants. houses, from Somerville, Boston, and Maine, New Hampshire, and Vermont [ seal] H arold D. M cCoy, Everett, Mass., to points in Vermont, New to Boston, Cambridge, and Somerville, Secretary. Hampshire, and Maine; empty contain Mass.; and sweeping compounds, from [F-R. Doc. 64-8432, Plied, Aug. 19, 1964; ers, salvage, returned or rejected mer- Winchester, N.H., to Somerville, Mass. 8:48 a.m.]
CUMULATIVE CODIFICATION GUIDE— AUGUST
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during August.
1 CFR 7 CFR— C o n tin u e d Pa*e 14 CFR Page Ch. I— 965------11259 4b------_------u i 51 989.------11522 40 ------n i s i 3 CFR 1041------11524 Proclamations: 41------•—;------1H51 1063______11444 42 ------11151 3603 _ 11255 1098______11524 3604 ______•___ — 11489 71 [New]------11259, 1101------11524 11334, 11335, 11527, 11579, 11707, 3605 ...... —______11797 1138------11331 3606-______11799 11836, 11937/11914, 11915. 1421------11407, 73 [New]------— 11151,11446 | 3607______11883 11492, 11525, 11644, 11826, 11830, Executive O r d e r s : 75 [New]---- - 11527,11579,11707,11915 11832, 11833. 91 [New]______11151 Mar. 21,1924 (revoked by PLO 1427------11145,11331,11525,11744 3427)______—— 11455 97 [New]------11580,11633 1434------11833 99 [New],------11446,11528 Jan. 28,1926 (revoked by PLO 1443__------11411,11414 3427 11455 127 [New]______11708 1485—------11179 151 [New]------— _II 11335 4121 (revoked by PL0 3433) I_ 11920 P roposed R ules : 6184 (revoked by PLO 3427) __ 11455 171 [New]______H336 58------11192 225------_____------11744 10530 (amended by E.O. 728------11535 11164)______11257 925 ------11501 399------—H------11415,11589 10794 s (superseded by E.O. 407------H342 926 ------*------11925 507__------: 11260, 11171)______—_ 11897 948----- 11423 11164 _ 11257 11416, 11417, 11528, 11529, 11590, 981— ------11653,11841 11745, 11915, 11916. 11165 ------11801 987------11501,11599 11166 ______11803 993— ------11599 P roposed R ules: 11167 ______i ___ 11805 1001------_____ 11205 4b------____;------11161 11168 ______11885 1006------11205 6------m e i 11169.,______11889 1007— ------11205 7—- —----- 11161 11170______11893 1014 ------11205 25 [New]______11161 11171—------11897 1015 ------11205 27 [New]___ ——__ 11161 Presidential D o c u m e n t s O t h e r T h a n 1030 ------_.------11161 29 [New]— ______11161 [ Proclamations a n d E x e c u t iv e O r d e r s : 1031 ------11161 71 [New]______1__ 1H61- Memorandum of August 15, 1047------11600 11163,11380-11383,11527,11720, 1964______11807 1066------11278 11754, 11755, 11926, 11927. |5 CFR 1067.------11653 75 [New]------11162,11163 1103------11458 93 [New]______11279 213. 11328,11407,11442,11597,11642 151 [New]------11602 ------11689 1107___ 11458 1136 ------11535 241------H501,11926 “I...... -...... - ______11689 507------11537,11720,11755 550 11491,11689 1137 ------a______11841 [771, _____ 11834 8 CFR 15 CFR [Proposed R u l e s : 223------11493 371----- H260 890------H834 245------11493 7 CFR 248------11494 16 CFR 249— ------11494 13------11152, '51— — 11328,11743 289------11494 11446, 11448-11450, 11495, 11496, 11331,11442 299------11495 11649, 11746, 11748. ------11521 404----- — ------H261 11743,11901 9 CFR 406------——------11650 11143,11521 74------— 11332,11444 11443,11690 78.------11444 17 CFR ------11901 94------11332 200------— _ 11579 ------11642 97------11914 240----;— ------11529 _____ 11700 P roposed R ules : 270------11153 11491,11824 92------11458 P roposed R ules : ------11702 274------H756 ------1191310 CFR 30------11445,11651 910 11143,11443,11522, 11702 18 CFR 911 ______------~ 11143,11443,11703 12 CFR , 2------„ ------11154,11749 915 11703,11704 15----- — —------11333 157------11749 [9 2 1...... -_____ 11704 208__— ----- 11177 P roposed R ules: 924. ------11144 217------11150 101------H653 925 ------11705 570------11334 104 ------H653 5)27 ------11177 13 CFR 105 ------H653 944. — 11178 141— __— ------___ _ 11653 945. 11705,11706 121—------— ------11525, 11707 201------11653, 11756 P roposed R ules : 946. ' — — 11706 204 -----_;------11653,11756 ------11144 107------11424 205 ------11653,11756 11407,11492 121------11927 260.------11653,11756 11950 FEDERAL REGISTER
31 CFR Page 43 CFR—Continued Pa&e 1 9 CFR P“8* Public Land Orders—Continued 1 ______11181 11 ______11531 8 ______11356 11 *7*9 * ______11496 3 2 CFR 849Q 119*9 8 ______11418 1 ______11809 84.80 1171,9 16______11751 2 ______11814 8481 117H9 3 ______11816 8489 11888 2 0 CFR 4 ______11820 3433 - 11930 5 ______11820 11Q9A 7 ______11820 8485 11Q18 8 ______11823 84.8ft 11Q1Q 404 ______- 11651 in ______11823 8487 11Q18 12 ______11823 21 CFR 14 ______11823 4 4 CFR 2 ______11418 ori 11917 401______|------11595 17 ______11181 276 - - H356 121 11181,11342,11651,11837,11917 4 6 CFR 401______— ____ — 11595 131 11418.11419 1001_____ — ______11591 141a______11262 mn8 _ 11591 Proposed Rules: 146______H154 mnA 11592 43 ______- ______11534 146a______11262 inn« 11592 537______11384 148______11342 1007______11592 4 7 CFR 148a ______- - H342 mnft __ 11592 n ______11159.11268 148b 11342,11682 1010 ______11592 1 ______*______11360 148c ______11342,11682 ami __ 11592 2 11455.11456 148d______11342 1016______11594 21 - ______—— ____— 11360 148e_ — — ______11342 1054 ______.-11594 64 — 11596 148h______11342 1456______11498 78 11362.11363.11419.11652 1481 11670.11683 1467______11498 148j 11343.11685 87 11269.11271 148k______11343 32A CFR qi L______11456 148m______11343 Ch. v m ______— - - 11359 95 ______11498,11838 148n 11343.11451 33 CFR P roposed R ules: 1480______11343 ono 11751 9 : ____ 11458 148p______11343 ?07 ____ 11751 2i _ 11279.11458 148r______11343 73 ____ is__11164, 148s______11353 11279, 11280, 11383, 11537,11721 1 4 8 t______11343 38 CFR 74 _____ 11458 P roposed R ules: 3 ______11359,11498 87 ____11423 15 ____ 11926 17 ______11183 qi -*T i ____ 11458 27 11621 3 9 CFR 49 CFR 21 _ 11627 45 ___ 11453 1 ✓ 11499 121 ______^_____ - __ 11843 53 ______11453 ni __11424 T*? ' 11628.11754 54 ______• -_____ 11453 or------' . “ " 11273 168 ______11183 25 CFR 187_J ” — — - ___ 11921 P roposed R ules: 41 CFR 1 16-______H271 ^ — 112,3 43a______11925 P roposed R ules: 5 1______1H54 nc lloDO 26 CFR 11 i ______11455 95------, ------n65J 1 11263.11356 11 2 ______:______11838 J76 ______11927 11 5______1H56 P roposed R ules: 11 75______1H59 50 CFR 1 11190. 11366. 11598. 11843 in _ 11184,11652 48 11923 P roposed R ules: 10------JU86, •in on8 11842 270___ _ - ______11377 11188, 11274-11277, 11364, 113bb, 42 CFR 11457, 11499, 11532, 11579, 11753, 28 CFR 72 ______11652 11838,11920,11921. 0 ______11181,11182 OO _ 111W 43 CFR 29 CFR Public Land Orders : P roposed R ules: 115gg cm 11451 8495 ______11455 545______H277 3426______— - 11419 ______11192
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