FEDERAL REGISTER VOLUME 30 • NUMBER 96 Wednesday, May 19, 1965 • Washington, D.C. Pages 6761-6829

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Commerce Department Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration Housing and Home Finance Agency Immigration and Naturalization Service Internal Revenue Service Interstate Commerce Commission Land Management Bureau Public Health Service Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1965]

This useful reference tool is designed keep them, and (3) how long they to keep industry and the general must be kept. Each digest also public informed concerning published includes a reference to the full text requirements in laws and regulations of the basic law or regulation govern­ relating to records-retention. It con­ ing such retention. tains about 900 digests detailing the retention periods for the many types of records required to be kept under The booklet’s index, numbering over Federal laws and rules. 2,000 items, lists for ready reference the categories of persons, companies, The “Guide” tells the user (1) what and products affected by Federal records must be kept, (2) who must record-retention requirements.

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Order from Superintendent of Documents, U.S. Government Printing Office, Washington,D.C.,20402

Area Code 202 r Canteo^ Archives Building,g, Washington, wasnmgiou, u D.O. . v s . w tu o j, puiououu ------bribed by the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B) , under regulations prescriu intendent istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made on y y of Documents, Government Printing Office, Washington, D.C. 20402. airioo ner year, payable in The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $ Remit check or inot&J advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issua. order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20 0" • der 50 titles, P^' The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is Pupl s > superintendent 0 suant to section 11 of the Federal Register Act, as amended. The Code of Federal Regulations is sola y Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each. federal Regulatio There are no restrictions on the republication of material appearing in the Federal Register or the 00 Contents agricultural r e s e a r c h Notices FOOD AND DRUG Luveme Auction et al.; deposting ADMINISTRATION SERVICE ~ . of stockyards______— 6798 Rules and Regulations Shantz & Rodman Livestock Com­ Proposed Rule Making European chafer; designation, of mission Co., Inc., et al.; posted Certain antibiotic drugs; proposed regulated areas------6770 stockyards______6798 changes in sterility tests------6795 Notices AGRICULTURAL STABILIZATION FEDERAL AVIATION AGENCY Kendall, C. B., Co. et al.; notice of AND CONSERVATION SERVICE Rules and Regulations opportunity for hearing; cor­ rection______6799 Notices Control zone : Director or Acting Director, Kan­ Alteration of designation—----- 6765 sas City ASCS Commodity Of­ Modification of amendment to HEALTH, EDUCATION, AND fice; delegation of authority— 6798 designation------6765 WELFARE DEPARTMENT Control zone and transition area; See Food and Drug Administra­ AGRICULTURE DEPARTMENT alteration______— ------— 6765 tion; Public Health Service. IFR altitudes; miscellaneous See Agricultural Stabilization and changes______6766 Conservation Service; Agricul­ HOUSING AND HOME tural Research Service; Com­ Proposed Rule Making modity Credit Corporation; Control zones, transition areas, FINANCE AGENCY Consumer and Marketing and control area extensions; Notices Service. proposed alteration, designa­ Acting Regional Director of Com­ tion and revocation------t------6793 munity Facilities, Region n i ATOMIC ENERGY COMMISSION Federal airway; proposed desig­ (Atlanta) designation; ratifica­ Notices nation______6794 tion______. 6804 Department of Water and Power Transition area; proposed desig- _ Ratification of acts taken under of the City of Los Angeles; no­ nation______6795 the title of Acting Regional Di­ tice of reconvening of hearing_ 6799 rector of Community Facilities, FEDERAL COMMUNICATIONS Region HI (Atlanta)------6804 CIVIL AERONAUTICS BOARD COMMISSION Notices Rules and Regulations IMMIGRATION AND International Air Transport Asso­ Organization, practice and pro­ NATURALIZATION SERVICE ciation; agreement relating to cedure and stations on ship­ Rules and Regulations specific commodity rates____ 6799 board in maritime services; miscellaneous amendments----- 6778 Manifests; miscellaneous amend­ CIVIL SERVICE COMMISSION Practice and procedure; mis­ ments______— ------6776 Rules and Regulations cellaneous amendments------6780 Notices Entire executive service; ex­ Notices Statement of organization; dele­ cepted service______6765 Hearings, etc.: tion of international airports American Telephone and Tele­ from listing------6797 COMMERCE DEPARTMENT graph Co____:------— 6799 Notices Flower City Television Corp. INTERIOR DEPARTMENT Lawrence, George E.; statement et al______;____ 6800 See Land Management Bureau. of changes in financial inter­ Traxler, John N., et al______6801 ests______6799 INTERNAL REVENUE SERVICE FEDERAL MARITIME COMMODITY CREDIT Rules and Regulations COMMISSION Liquors, miscellaneous regula­ CORPORATION Notices tions; correction______6769 Rules and Regulations Sea-Lanes Shipping Co., Inc., et Flour export program; cash pay­ al.; agreements filed for ap­ INTERSTATE COMMERCE ment, terms and conditions-.» 6771 proval______— . 6802 COMMISSION CONSUMER AND MARKETING FEDERAL POWER COMMISSION Notices SERVICE Fourth section applications for re­ Notices lief------6827 Rules and Regulations Hearings, etc.: Motor carrier, broker, water car­ Oranges grown in Florida; ship­ Confederated Salish and Koote­ rier and freight forwarder ap­ ment limitations— . ______6770 nai Tribes of the Flathead plications__——------6806 encia oranges grown in Ari- Reservation, Mont., and Mon- Motor carrier intrastate applica­ zona and designated part of tana Power Co______------— 6802 tions; notice of filing------6805 tion_0rnia’ handling limita- Husky Oil Co------— 6803 Motor carrier transfer proceed­ 6771 Northern Natural Gas Co.------6803 ings------6826 P'oposed Rule Making EXS Apple and Pear Act; FEDERAL RESERVE SYSTEM JUSTICE DEPARTMENT Ï Ï X requirements and regu- Notices See Immigration and Naturaliza­ 6782 tion Service. produced in Calf- United California Bank; order orma* recommended decision- 6782 approving merger of banks— — 6804 (Continued on next page) 6763 6764 CONTENTS

LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE SMALL BUSINESS Notices COMMISSION ADMINISTRATION Alaska: Proposed withdrawal and res­ Notices Rules and Regulations ervation of lands (2 docu­ Hearings, etc.: Small business size standards; ments)______,______6797,6798 In v e sto rs Inter-Continental definitions______6778 Termination of proposed with­ Fund, Ltd— ___ i___ 6804 drawal and reservation of Massachusetts Electric Co. and Notices lands______'__' 67*97 New England Electric Sys­ Hawaii; declaration of disaster Idaho; proposed withdrawal and tem______6805 area------— ------6805 reservation of lands— ______6797 > PUBLIC HEALTH SERVICE Proposed Rule Making Immune serum globulin (hu­ TREASURY DEPARTMENT man) ; additional standards___ 6795 See Internal Revenue Service.

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.

5 CFR 13 CFR 21 CFR 213— , — ___ 6765 121______6778 P roposed R u l e s : 141ft’ ______6795 7 CFR 14 CFR 301____ — 6770 71 (3 documents)______6765 26 CFR 905—______— 6770 95 ______— ____ 6766 170______6769 908___ — __ 6771 P roposed R u l e s : 1483—— —— 6771 71 (3 documents) ______6793-6795 42 CFR P roposed R u l e s : P roposed R u l e s : 33______6782 73 - 6795 993— — — 6782 47 CFR 8 CFR _ 6778 231—______6776 1 (2 documents) ------_ 6778,6780 251-______6776 83 ------. 6778 Rules and Regulations

an amendment to Part 71 of the Federal Title 5— ADMINISTRATIVE Title 14-AERONAUTICS AND Aviation Regulations designating a con­ trol zone at Napa, Calif. SPACE Subsequent to the publication of the PERSONNEL amendment, it was determined that the Chapter I— Civil Service Commission Chapter I— Federal Aviation Agency Federal Aviation Agency control tower at SUBCHAPTER E— AIRSPACE Napa County Airport would bepome oper­ PART 213— EXCEPTED SERVICE ational during the month of July 1965. [Airspace Docket No. 63-SW-82] Therefore, on April 30, 1965, there was Entire Executive Civil Service PART 71— DESIGNATION OF FEDERAL published in the F ederal R eg ister (30 AIRWAYS, CONTROLLED AIRSPACE, F.R. 6113) a modification to the previous Section 213.3102 is amended to show amendment of Part 71 of the Federal the exception under Schedule A of cer­ AND REPORTING POINTS tain temporary positions when filled by Aviation Regulations, changing the ef­ persons participating in programs estab­ Alteration of Federal Register fective date for the commissioning of the Document Napa, Calif., control zone from June 24, lished to encourage youth to resume or 1965, to July 22, 1965. continue their education. The positions On April 27, 1965, Federal Register Subsequent to the publication of the covered are paid at the equivalent of the Document 65-4337 was published (30 F.R. modification of the amendment addi­ minimum wage established by the Pair 5827) which, in part, designated the Fort tional delay in the commissioning of the Labor Standards Amendments of 1961, Worth, Tex. (Meacham Field), control Federal Aviation Agency control tower at currently $1.25 an hour, and involve la­ zone, effective 0001 e.s.t., July 22, 1965. Napa Airport has been encountered, boring or other routine work. Partici­ Subsequent to the publication of this therefore, action is taken herein to pants must be at least 16 years old and rule in the F ederal R eg ister, it was de­ change the effective date of the rule to must be certified by a local organization termined that the Fort Worth, Tex., radio August 19,1965. cooperating with a Federal agency in beacon, upon which the control zone ex­ Since 30 days will elapse from the time alleviating youth problems. The Sched­ tension to the north is based, will be re­ of publication of the rule as initially ule A exception, which may be used only located to the Meacham Field ILS outer adopted to the new effective date, this for specific programs and locations iden­ marker site on or about June 24, 1965. change is made in compliance with sec­ tified by the Civil Service Commission, As a result of this relocation, the north tion 4 of the Administrative Procedure extension is eliminated herein. Act. is effective upon publication in the F ed­ Since this change is less restrictive in In consideration of the foregoing, Air­ eral Register. Paragraph (v) is added nature and imposes no additional bur­ space Docket No. 65-WE-7 is amended, to § 213.3102 as set out below. den on any person, notice and public effective immediately, as follows: “ef­ §213.3102 Entire executive civil serv­ procedures hereon are unnecesary and fective 0001 e.s.t., July 22, 1965” is de­ ice. the effective date of the final rule may leted and “effective 0001 e.s.t., August 19, be retained as initially adopted. 1965” is substituted therefor. In consideration of the foregoing, (Sec. 307(a) of the Federal Aviation Act of (v) Between June 1, 1965, and Sep­ paragraph 7 of Federal Register Docu­ 1958, as amended; 72 Stat. 749; 49 TJ.S.C. tember 30, 1965, temporary positions ment No. 65-4337 is amended, effective 1348) immediately, to read as follows: whose pay has been fixed at the equiva­ Issued in Los Angeles, Calif., on May 11, lent of the minimum wage established by “In §71.171 (29 F.R. 17581), the fol­ lowing control zone is added: Fort 1965. the Pair Labor Standards Amendments Worth, Tex. (Meacham Field). That L ee E . W arren, of 1961 (currently $1.25 an hour) and airspace within a 5-mile radius of Acting Director, Western Region. whose duties involve laboring work or Meacham Field (latitude 32°49'00" N., [F.R. Doc. 65-5231; Filed, May 18, 1965; other work of a routine nature requiring longitude 97°21'35'' W .); within a 5-mile 8:45 a.m.] primarily physical effort and no specific radius of Carswell AFB (latitude 32 °- knowledges or skills, when filled by per­ 46'20" N., longitude 97°26'30" W.); and [Airspace Docket No. 65-WE-50J sons participating in a program estab­ within 2 miles each side of the Meacham lished to encourage youth to resume or Field ILS localizer S course, extending PART 71— DESIGNATION OF FEDERAL continue their education. A person may from Meacham Field to 6 miles S; ex­ AIRWAYS, CONTROLLED AIRSPACE, not be appointed under this authority cluding the portion W of longitude AND REPORTING POINTS 97°24'00" W.” (1) unless he has reached his 16th birth­ Alteration of Control Zone and day and is certified by a local organiza­ (Sec. 307(a) of the Federal Aviation Act of tion cooperating with a Federal agency 1958; 49 U.S.C. 1348) Transition Area in alleviating youth problems; or (2) for Issued in Fort Worth, Tex., on May 12, The purpose of these amendments to more than 700 hours. This authority 1965. Part 71 of the Federal Aviation Regula­ may be used only for those specific pro- A. L. C o ulter, tions is to alter the Winslow, Ariz., con­ grams and locations identified by the Acting Director, Southwest Region. trol zone and transition area. Commission. [F.R. Doc. 65-5230; Filed, May 18, 1965; The Winslow control zone and transi­ 8:45 a.m.} tion area are presently designated, in sec- 2* 22 Stat. 403, as amended; part, with reference to the Winslow RBN. o XiLc - 631> 633; E.O. 10577, 19 F.R. 7521, This facility is being converted to an 3 CPE, 1954-58 Comp., p. 218) [Airspace Docket No. 65-WE-7] SABH, non-IFR, type beacon and the prescribed instrument approach proce­ U nited S tates C iv il S erv­ PART 71— DESIGNATION OF FEDERAL dure is being canceled. Therefore, action ice Co m m issio n , AIRWAYS, CONTROLLED AIRSPACE, is taken herein to revoke the control [seal] M ary V. W en zel, AND REPORTING POINTS zone extension and 700-foot transition Executive Assistant to area extension based on this facility. the Commissioners. Modification of Amendment to Since these amendments are minor in Control Zone Designation Ip-R. Doc. 65-5103; Filed, May 18, 1965; nature and impose no additional burden 8:45 a.m.] On March 17,1965, there was published on any person, notice and public proce­ in the F ederal R egister (30 F.R. 3516) dure hereon are unnecessary, and these 6765 6766 RULES AND REGULATIONS amendments may be made effective in From, to, and MEA From, to, and MEA less than 30 days. Dixon INT, Alaska; Annette Island,. Alaska, Anniston, Ala., VOR; Steele INT, Ala.; *3 000 In consideration of the foregoing, Part LFR; 4,700. *2,500—MOCA. 71 of the Federal Aviation Regulations is Section 95.625 Blue Federal airway 25 Cairns, Ala., VOR; Clayton INT, Ala.; *2 000 amended, effective 0001 e.s.t., May 27, is amended to read in part: *1,700—MOCA. 1965, as hereinafter set forth. Birmingham, Ala., LMM; Trussville INT, Ala • 1. In §71.171 <29 F.R. 17642), the Gulkana, Alaska LFR; *Big Delta, Alaska, *2,700. *2,400—MOCA. LFR; **12,000. *9,200—MCA Big Delta Anniston, Ala., VOR; Leeds INT, Ala.; *3,000 Winslow, Ariz., control zone ijs amended LFR, southbound. **11,500—MOCA. *2,600—MOCA. to read: Winslow, Ariz. Section 95.1001 Direct route—United Section 95.1001 Direct route—United W ithin a 6-mile radius of Winslow Munici­ States is amended by adding: States is amended to read in part: pal Airport (latitude 35°01'15" N., longitude Albany, Ga., VOR; Lumpkin INT, Ga.; *2,000. Todd INT, La.; Neptune INT, La.; *5,000. 110°43'15'' vv.). *1,900—MOCA. *4,000—MOCA. 2. In §71.181 (29 F.R. 17706), the Albany, Ga., VOR; Turner AFB, Ga., VOR; Muscle Shoals, Ala., VOR; Nashville, Tenn„ Winslow, Ariz., transition area is * 1,800. * 1,500—MOCA. VOR (via MSL 024/BNA 205); *3,000. Alma, Ga., VÔR; Browntown INT, Ga.; *2,000. *2,309—MOCA. amended to read: *1,400—MOCA. Brookwood, Ala., VOR; Bessemer INT, Ala.; Winslow, Ariz. ¿i- Alma, Ga., VOR; Liberty, Ga., RBN; *3,000. *2,800. *2,000—MOCA. That airspace extending upward from 700 *1,40Q—MOCA. feet above the surface within a 9-mile radius Browntown INT, Ga., Brunswick, Ga., VOR; Section 95.6001 VOR Federal airway 1 of Winslow Municipal Airport (latitude *1,500. *1,300—MOCA. is amended to read in part: 35°01T5" N., longitude 110°43'15" W.), and Browntown INT, Ga., Navy Glynco, Ga., RBN; Kinston, N.C., VOR; *Zang INT, N.C.; 1,900. within 2 miles each side of the Winslow *1,500. *1,300—MOCA. Browntown INT, Ga.; Waverly INT, Ga.; *4,000—MRA. VORTAC 314° radial, extending from the Zang INT, N.C., Barnegat, N.J., VOR; Oak 9-mile radius area to 8 miles NW of the *2,500. *1,300—MOCA. Brunswick, Ga., VOR; Cox INT, Ga.; *1,500. City INT, N.C., Int, 170° M rad, Kennedy VORTAC; that airspace extending upward VOR and 053° M rad, Barnegat VOR; 1,900. from 1,200 feet above the surface within 10 *1,300—MOCA. Brunswick, Ga., VOR; Liberty, Ga., RBN; *3,000. *1,600—MOCA. miles SW and 13 miles NE o f the Winslow Int, 170° M rad, Kennedy VOR and 053° M VORTAC 154° and 334° radiais, extending *2,000. *1,300—MOCA. Brunswick, Ga., VOR; Stafford INT, Ga.; rad, Barnegat VOR; Kennedy, N.Y., VOR; from 15 miles NW to 25 miles SE of the *2,000. *1,500—MOCA. VORTAC. *1,500. *1,200—MOCA. Brunswick, Ga., VOR; Starfish INT, Ga.; Kennedy, N.Y„ VOR; Int. 010° M rad, Ken- (Sec. 307(A) of the Federal Aviation Act of *2,000. *1,200—MOCA. nedy VOR and 217° M rad, Carmel VOR; 1958, as amended, 72 Stat. 749; 49 U.S.C. 1348) Cox INT, Ga.; Alma, Ga., VOR; *2,000. *2,500. *1,500—MOCA. *1,400—MOCA. Int, 010° M rad, Kennedy VOR and 217* M Issued in Los Angeles, Calif., on May Cox INT, Ga.; Browntown INT, Ga.; *2,500. rad, Carmel VOR; Carmel, N.Y, VOR; 11, 1965. *1,200—MOCA. *2,500. *1,900—MOCA. L ee E . W arren, Cutler INT, Fla.; Biscayne, Fla., VOR; *1,500. Acting Director, Western Region. *1,100—MOCA. Section 95.6002 VOR Federal airway 2 [F.R. Doc. 65-5232; Filed, May 18, 1965; Desoto INT, Ga.; Turner AFB, Ga., VOR; is amended to read in part: 8:46 a.m.] *1,800. *1,600—MOCA. ♦Spokane, Wash., 'VOR; Rockford DME INT, Givhans INT, S.C.; Tucker INT, S.C.; *2,200. Wash., westbound 7,200, eastbound 9,000. *1,300—MOCA. *5,200—MCA Spokane, VOR; eastbound. SUBCHAPTER F— AIR TRAFFIC AND GENERAL Golden Beach INT, Fla.; Miami, Fla., VOR; Rockford DME INT, Wash.; Mullan Pass, 2 ,000. OPERATING RULES [NEW] Idaho, VOR; 9,000. Lee INT, Fla.; Valdosta, Ga., VOR; *1,800. [Reg. Docket No. 6645; Arndt. 95-128] *1,500—MOCA. Section 95.6003 VOR Federal airway 3 Mango INT, Fla.; Miami, Fla., I-MIA, lczr is amended to read in part: PART 95— IFR ALTITUDES crs.; *3,000. *1,000—MOCA. Miscellaneous Changes Marlow INT, Ga.; Liberty, Ga., RBN; 2,200. Jacksonville, Fla., VOR; Via W alter.; *0 Neill Marlow INT, Ga.; Savannah, Ga., LOM; INT, Fla., via W alter.; **1,300. *1,500— The purpose of this amendment to *1,700. *1,400—MOCA. MRA. **1,100—MOCA. Part 95 of the Federal Aviation Regu­ Navy Glynco, Ga., TACAN; Cox INT, Ga.; O’Neill INT, Fla., via W alter.; Brunswick, lations is to make changes in the IFR al­ * 1,500. * 1,200—MOCA. Ga., VOR; via W alter.; *1,500. *1,300— Navy Glynco, Ga., TACAN; Stafford INT, Ga.; MOCA. titudes at which all aircraft shall be * 1,500. * 1,300—MOCA. *St. Marys INT, Ga.; Brunswick, Ga., VOR, flown over a specified route or portion Sale INT, Ga.; Turner AFB, Ga., VOR; *1,800. **1,500. *2,000—MRA. **1,100—MOCA. thereof. These altitudes, when used in *1,500—MOCA. Brunswick, Ga., VÓR; «Fairhope INT, 0 ^ conjunction with the current changeover Savannah, Ga., VOR; Cox INT, Ga.; *2,000. **1,500. *3,000—MRA. **1,300—MOCA. points for the routes or portions thereof, *1,500—MOCA. Fairhope INT, Ga.; «Harris Neck iNTjGa.; also assure navigational coverage that is Savannah, Ga., VOR; Alma, Ga., VOR; *3,000. **1,600. *3,800—MRA. **1,200—MOCA. adequate and free of frequency interfer­ *1,500—MOCA. Solberg, N.J., VOR; Int, 093° M. rad, ence for that route or portion thereof. Savannah, Ga., VOR; Liberty, Ga., RBN; VOR and 244° M rad, Carmel VOR, 2, *2,000. 1,500—MOCA. *1,900—MOCA, As a situation exists which demands Tucker INT, S.C.; Charleston, S.C., LOM; immediate action in the interest of safety, Int, 093° M rad, Sparta VOR and 244 M - * 1,500, * 1,300—MOCA. Carmel VOR; Carmel, N.Y., VOR; 2,600- I find that compliance with the notice Valdosta, Ga., VOR;.Moody AFB, Ga., VOR; and procedure provisions of the Admin­ *1,800. *1,500—MOCA. West Chester, Pa.,'VOR; Int, °56o^ 0tts- Valdosta, Ga., VOR; Quitman INT, Ga.; West Chester VOR and 166 M rad, Po istrative Procedure Act is impracticable town VOR; *2,400. *2,000—MOCA. and that good cause exists for making *1,800. *1,600—MOCA. Int, 296° M rad, BSY, and 152° M rad, MIA; Int, 056° M rad, West Chester VORland this amendment effective within less than Miami, Fla., MEA; ILS lczr. crs,; *1,500. M rad, Pottstown VOR; Warnngto 30 days from publication. Pa.; 2,000. In consideration of the foregoing and *1,300—MOCA. Gulfport, Miss., VOR; Mouse INT, Miss.; Section 95.6004 VOR Federal airway i pursuant to the authority delegated to *1,600. *L500—MOCA. me by the Administrator (24 F.R. 5662), Mouse INT, Miss.; Wiggins INT, Miss.; 2,500. is amended to read in part: Part 95 of the Federal Aviation Regula­ Columbus, Miss., VOR; Int, 150° M rad, Co­ Hallsville, Mo., VOR; St. Paul INT, M tions is amended, effective June 24, 1965, lumbus VOR and 227° M rad, Tuscaloosa *2,700. *2,100—MOCA. V0R, as follows: VOR; *1,800. *1,600—MOCA. MAA—7,000. St. Paul INT, Mo.; St. Louis, M ., Ennis INT, Tex.; Quitman, Tex., VOR; *4,000. *2,200. *1,700—MOCA. 1. By amending Subpart C as follows: *1,900—MOCA. Section 95.101 Amber Federal airway 1 ‘ West Palm Beach, Fla., VOR; Barracuda INT, Section 95.6008 VOR Federal airway « is amended to read in part : Fla. (via control 1,150) ; 29,000. is amended to read in part. West Palm Beach, Fla., VOR; Sturgeon INT, VOR; Anaheim *N , From, to, and MEA Fla. (via control 1,150) ; 14,000. Long Beach, Calif., Calif.; *3,000. *2,100—MCX-a. »4,000. Dixon INT, Alaska; Sitka, Alaska, LFR; 4,000. Gadsden, Ala., VOR; Lehigh INT, Ala.; *3,000. *2,500—MOCA. Anaheim INT, Calif.; Olive INT, Calif., Section 95.264 Red Federal airway 64 Gadsden, Ala., -VOR; Geraldine INT, Ala.; *3,200—MOCA. OR. 5>000. is amended to read: *3,000. *2,300—MOCA. rvn-.ro tntt calif.: Ontario, Calif., Wednesday, M ay 19, 1965 FEDERAL REGISTER 6767

From, to, and MEA From, to, and MEA From, to, and MEA • Hanksville, Utah, VOR, via S alter.; Grand Olive INT, Calif.; Ontario, Calif., VOR; 5,000. Junction City INT, Wis.; Eau Claire, Wis., VOR; *3,200. *2,700—MOCA. Junction, Colo., VOR, via S alter.; **10,700. Section 95.6022 VOR Federal airway 22 *11,000—MCA Hanksville VOR, southwest- is amended to read in part: Section 95.6059 VOR Federal airway 59 bound. **10,500—MOCA. is amended to read in part: Houston, Tex., VOR; La Porte INT, Tex.; Section 95.6008 VOR Federal airway 8 *1,600. *1,500—MOCA. Beckley, W. Va., VOR; Ivydale INT, W. Va.; is amended by adding: La Porte INT, Tex.; Sabine Pass, Tex., VOR; *5,000. *4,900—MOCA. Bryce Canyon, Utah VOR, yia N alter.; *San 1,500. Ivydale INT, W. Va.; Walnut Grove INT, W. Va.; 5,000. Rafael INT, Utah, via N alter.; **16,000. Section 95.6023 VOR Federal airway 23 «14 000—MCA San Rafael INT, westbound. is amended to read in part: Section 95.6064 VOR Federal airway 64 *•13,300—MOCA. is amended to read in part: San Rafael INT, Utah, via N alter.; Grand Portland, Oreg., VOR; ‘ Mayfield INT, Wash.; Junction, Colo., VOR, via N alter.; *11,000. 5.000. *6,000—MRA. Long Beach, Calif., VOR; *Tustin INT, Calif. *9,200—MOCA. 2,500. *4,300—MCA Tustin INT, east- Section 95.6026 VOR Federal airway 26 bound. Section 95.6012 VOR Federal airway 12 is amended to read in part: is amended to read in part: Section 95.6068 VOR Federal airway 68 ‘ Rapid City, S. Dak., VOR; Philip, S. Dak., is amended to read in part: Readsville, Mo., VOR, via S alter.; Maryland VOR; 4,500. *6,500—MCA Rapid City VOR; Heights, Mo., VOR, via S - alter.; *2,700. Westbound. Solon INT, Tex.; ’Armstrong INT, Tex.; *2,200—MOCA. **3,000. *3,000—MRA. **1,500—MOCA. Section 95.6035 VOR Federal airway 35 Junction, Tex., VOR; Doss INT, Tex,; *3,700. Section 95.6013 VOR Federal airway 13 is amended by adding: *3,400—MOCA. is amended to read in part: Blackford, Va., VOR; via E alter.; Bluefleld, San Antonio, Tex., VOR; McCoy INT, Tex.; *3,000. *2,300—MOCA. Houston, Tex., VOR; Humble INT, Tex.; W. Va., VOR, via E alter.; 6,600. *1,600. *1,500—MOCA. Bluefleld, W. Va., VOR, via E alter.; Charles­ Three Rivers INT, Tex.; Cartwright INT, Tex.; Humble INT, Tex.; Cleveland INT, Tex.; 1,500. ton, W. Va., VOR, via E alter.; 6,000. *2,500. *1,600—MOCA. Section 95.6015 VOR Federal airway 15 Section 95.6037 VOR Federal airway 37 Section 95.6070 VOR Federal airway 70 is amended to read in part: is amended to read in part: is amended to read in part: Magnolia INT, Tex.; College Station, Tex., Savannah, Ga., VOR; ‘ Tillman INT, S.C.; Corpus Christi, Tex., VOR; Bayside INT, Tex.; VOR; *2,000. *1,800—MOCA. **2,000. *3,000—MRA. **1,300—MOCA. *1,600. *1,400—MOCA. Sealy INT, Tex., via W alter.; College Station, Bayside INT, Tex.; Palacios, Tex., VOR; *1,700. Tex., VOR, via W alter.; *2,100. *1,400— Section 95.6043 VOR Federal airway 43 *1,400—MOCA. MOCA. is amended to read in part: Palacios, Tex., VOR; Jones Creek INT, Tex.; ♦Gunther INT, Tex.; Ardmore, Okla., VOR; *1,700. *1,400—MOCA. ♦♦2,700. *2,600—MRA. **2,300—MOCA. Youngstown, Ohio, VOR; Linesville INT, Pa.; Jones Creek INT, Tex.; Galveston, Tex., VOR; Dallas, Tex., VOR, via W alter.; Gainesville 3.000. *1,500. *1,400—MOCA. INT, Tex., via W alter.; 2,500. *2,100— MOCA. Section 95.6044 VOR Federal airway 44 Section 95.6072 VOR Federal airway 72 Gainesville INT, Tex., via W alter.; Ardmore, is amended to read in part: is amended to read in part: Okla., VOR, via W alter.; *2,700. *2,300— Barnegat, N.J., VOR; Int, 170° M rad, Ken­ MOCA. nedy VOR and 053° M rad, Barnegat VOR; Richwoods, Mo., VOR; Troy, 111., VOR; 2,600. *3,000. *1,600—MOCA. Section 95.6076 VOR Federal airway 76 Section 95.6017 VOR Federal airway 17 Int, 170° M rad, Kennedy VOR and 053° M is amended to read in p art: , rad, Barnegat VOR; Riverhead, N.Y., VOR; is amended to read in part: Laredo, Tex., VOR; *Webb INT, Tex.; **2,300. *2,000. *1,500—MOCA. Llano, Tex., VOR; Lake Travis INT, Tex.; *5,000—MRA. **2,000—MOCA. Section 95.6051 VOR Federal airway 51 *3,000. *2,500—MOCA. Webb INT, Tex.; Cotulla, Tex., VOR; *2,200. Llano, Tex., VOR, via S alter.; Granite Shoals *1,700—MOCA. is amended to read in part: INT, Tex., via S alter.; *3,000. *2,800— ♦Millett INT, Tex.; Leming INT, Tex.; * *2,500. Highway, Tenn., VOR, via E alter.; Liberty MOCA. *5,000—MRA. * * 1,600—MOCA. INT, Ky., via F alter.; *3,100. *2,400— Austin, Tex., VOR; Paige INT, Tex.; 2,100. Leming INT, Tex.; Losoya INT, Tex.; *2,300. MOCA. *1,600—MOCA. Liberty INT, Ky., via E alter.; Louisville, Ky., Section 95.6093 VOR Federal airway 93 San Antonio, Tex., VOR; Austin, Tex., VOR; VOR, via E alter.; *2,700. *2,000—MOCA. is amended to read in part: 3,000. - Section 95.6052 VOR Federal airway 52 Jarrettsville INT, Md.; Lancaster, Pa., VOR; San Antonio, Tex., VOR, via E. alter.; Austin, 3,000. Tex., VOR, via E alter.; 3,000. is amended to read in part: Austin, Tex., VOR; ‘ Georgetown INT, Tex.; ♦Rockport INT, 111.; Winfield INT, Mo.; Section 95.6112 VOR Federal airway 2.300, *4,000—MRA. **2,600. *3,200—MRA. **1,800—MOCA. 112 is amended to read in part: Winfield INT, Mo.; St. Louis, Mo., VOR; Section 95.6020 VOR Federal airway *2,400. *1,800—MOCA. The Dalles, Oreg., VOR; *Ione INT, Oreg.; is amended to read in part: 4,300. *6,000—MRA. Section 95.6053 VOR Federal airway 53 Christi- Tex., VOR; Bayside INT, Tt Section 95.6123 VOR Federal airway 1,600. *1,400—MOCA. is amended to read in part: 123 is amended to read in part: «fi!? INT’ Tex>> Palacios, Tex., VC Henryville INT, Ind.; Houston INT, Ind.; *1,700. *1,400—MOCA. *3,500. *2,600—MOCA. La Guardia, N.Y., VOR; Int. 045° M rad, La 9 arlsti- Tex., VOR, via N alter.; Au Guardia VOR and 294° M rad, Deer Park r ? L INT’ Tex- via N alter.; *1,6 Section 95.6053 VOR Federal airway 53 VOR; *2,500. *1,500—MOCA. *1,200—MOCA. is amended by adding: Int, 045° M rad, La Guardia VOR and 294° Tex., via N alter.; Palac: Columbia, S.C., VOR, via W alter.; Green­ M rad, Deer Park VOR; Stamford INT, moca ° R’ vla N alter-: *1.700, *1,40 wood, S.C., VOR via W alter.; *2,200. N.Y.; *2,500. *1,700—MOCA. *2,100—MOCA. Pa*iCl^ T«X-’VOR; Damon INT, Tex.; *1,8 Section 95.6134 VOR Federal airway 1,400—MOCA. Greenwood, S.C., VOR, via W alter.; ‘Inman INT, S.C;, via W alter.; **3,000. *4,000— 134 is deleted. Houston11^ ’ Tex-: A1001» !NT, Tex.; 1,6 MCA Inman INT, northbound. **2,500— Section 95.6136 VOR Federal airway S : Tex- VOR> via S alter.; La Pc MOCA. 136 is amended to read in part: moca X” via s alter-; *i,eoo. *1,50 Tnmn.n INT, S.C. via W alter.; Asheville, N.C., VOR, via W alter.; 6,000. Pulaski, Va., VOR; Pigg INT, Va.; 5,500. Tex'’ via s «iter.; Sabine Pi Pigg INT, Va.; Dry Fork INT, Va.; 3,500. iex., VOR, via S alter.; 1,500. Section 95.6055 VOR Federal airway 55 Dry Fork INT, Va.; South Boston, Va., VOR; is amended to read in part: 2,800. is I!5;6021 Federal airway « amended to read in part: Brainerd, Minn., VOR; Beltrami INT, Minn.; Section 95.6153 VOR Federal airway *8,000. *2,600—MOCA. 153 is amended to read in part: L0^3(MoaCh.i Cal Stevens Point, Wis., VOR; Junction City ,U00- 3,200—MOCA. INT, Wis.; *3,000. *2,400—MOCA. VOR; *2,000. *1,100—MOCA. 6768 RULES AND REGULATIONS From, to, and ME A Section 95.6191 VOR Federal airway Section 95.6401 Hawaii VOR Federal Int, 070° M rad., La Guardia VOR and 029° M 191 is amended to read in part : airway 1 is amended to read in part: rad, Kennedy VOR; La Guardia, N.Y., VOR; From, to, and ME A From, to, and ME A *2,000. *1,500—MOCA. Stevens Point, Wis., VOR; Wausau, Wis., VOR; Paradise INT, Hawaii; «Hibiscus INT, Hawaii' Section 95.6157 VOR Federal airway *3,000. *2,500—MOCA. 4.000. *4,000—MRA. 157 is amended to read in part: Section 95.6198 VOR Federal airway Section 95.6402 Hawaii VOR Federal La Guardia, N.Y., VOR; Int, 045° M rad, La 198 is amended to read in part: Guardia VOR and 294° M rad, Deer Park airway 2 is amended to read in part: VOR; *2,500. *1,500—MOCA. ♦Weimar INT, Tex.; Eagle Lake, Tex., VOR; ♦Hilo, Hawaii, VOR; Int, 080° M rad, Hilo Int, 045° M rad, La Guardia VOR and 294° **2,100. *3,000—MRA. **1,700—MOCA. VOR and 011° bearing from Pahoa RBN. M rad, Deer Park VOR; Stamford INT, Section 95.6210 VOR Federal airway *3,000—MCA Hilo VOR, northwestbound. N.Y.; *2,500. *1,TOO—MOCA. High Tide INT, Hawaii; Breakers INT, Hawaii; Stamford INT, N.Y.; Int, 045° M rad. La 210 is amended to read in part: *4,000. *1,000—MOCA. Guardia VOR and Carmel VOR; *2,600. Hallsville, Mo., VOR; St. Paul INT, Mo.; Breakers INT, Hawaii; Honolulu, Hawaii, *2,100—MOCA. *2,700. *2,100—MOCA. VOR; 4,000. St. Paul INT, Mo.; St. Louis, Mo., VOR; *2,200. Section 95.6159 VOR Federal airway *1,700—MOCA. Section 95.6403 Hawaii VOR Federal 159 is amended to read in part: s airway 3 is deleted. West Palm Beach, Fla., VOR; *Monet INT, Section 95.6234 VOR Federal airway Section 95.6415 Hawaii VOR Federal Fla.; **1,500. *2,000—MR A. **1,300— 234 is amended to read in part: airway 15 is amended to read in part: MOCA. Dalhart, Tex., VOR; Int, 223° M rad, Liberal Monet INT, Fla.; Pluto INT, Fla.; *2,000. Int, 097° M rad, South Kauai VOR and 119* VOR and 343° M rad, Borger VOR; 5,700. M rad, Lihue VOR; Breakers INT, Hawaii; *1,200—MOCA. Int, 223° M rad, Liberal VOR and 343° M rad, Pluto INT, Fla.; Vero Beach, Fla., VOR; *2,000. *4,000. *1,000—MOCA. Borger VOR; Liberal, Kans., VOR; *5,700. Breakers INT, VOR; Honolulu, Hawaii, VOR; *1,300—MOCA. *4,700—MOCA. 4.000. Section 95.6162 VOR Federal airway Section 95.6238 VOR Federal airway Section 95.6416 Hawaii VOR Federal 162 is amended to read in part: 238 is amended to delete: airway 16 is amended to read in part: Harrisburg, Pa., VOR; via S alter.; Boyer West Chester, Pa., VOR; Echelon INT, N.J.; INT, Pa., via S alter.; 3,000. ♦Arbor INT, Hawaii; * »Redwood INT, Hawaii; 2 ,000. ***9,000. *7,000—MRA. **9,000—MRA. Section 95.6163 VOR Federal airway Philipsburg, Pa., VOR; Harrisburg, Pa., VOR; * * *2,000—MOCA. 163 is amended to read in part: 4.000. .Section 95.6251 VOR Federal airway Section 95.6433 VOR Federal airway Corpus Christi, Tex., VOR; Sinton INT, Tex.; 433 is amended to read in part: *1,700. *1,400—MOCA. 251 is amended to read in part: Bergheim INT, Tex.; Spring Branch INT, Hanover INT, Pa.; Delroy INT, Pa.; 4,000. La Guardia, N.Y., VOR; Int, 010° M rad, Tex.; *3,300. *2,800—MOCA. Delroy INT, Pa.; Lancaster, Pa., VOR; 3,000. Kennedy VOR and 217“ M rad, Carmel Willow City INT, Tex.; Kingsland INT, Tex.; VOR; *2,500. *1,500—MOCA. *4,000. *2,900—MOCA. Section 95.6252 VOR Federal airway Int, 010° M rad, Kennedy VOR and 217° M Mansfield INT, Tex.; «Armstrong INT, Tex.; 252 is amended to read in part: rad, Carmel VOR; Carmel, N.Y., VOR; **3,000. *3,000—MRA. **1,400—MOCA. *2,500. *1,900—MOCA. Harlingen, Tex., VOR, via W alter.; «Arm­ Sparta, N.J., VOR; Int, 061° M rad, Solberg strong INT, Tex., via W alters **1,500. VOR and 155° M rad, Sparta VOR; 2,500. Section 95.6455 VOR Federal airway *3,000—MRA, **1,400—MOCA. Section 95.6253 VOR Federal airway 455 is amended by adding: Christine INT, Tex.; Leming INT, Tex.; 253 is amended to read in p art: New Orleans* La., VOR, via E alter.; Clam *2,200. *1,700—MOCA. INT, La., via E alter.; 1,400. Leming INT, Tex.; Losoya INT, Tex.; *2,300. *Boise, Idaho, VOR; Banks INT, Idaho, Clam INT, La., via E alter.; Gulfport, Miss., *1,600—MOCA. northbound 10,400; southbound 8,000. VOR, via E alter.; 1,500. Alvord INT, Tex.; Ardmore, Okla., VOR; *6,500—MCA Boise VOR, northbound. Gulfport, Miss., VOR, vía E alter; Mouse im, *3,000. *2,600—MOCA. Section 95.6258 VOR Federal airway Miss., via E alter.; 1,500. Section 95.6167 VOR Federal airway 258 is amended to read in part: Mouse INT, Miss., via E alter.; Hattiesburg, Miss., VOR, via E alter.; 2,000. 167 is amended to read in part: Sharon INT, W. Va.; Beckley, W. Va., VOR;. Coyle, N.J., VOR; Int, 057° M rad, Coyle VOR *5,500. *5,200—MOCA. Section 95.6472 VOR Federal airway and 206° M rad, Kennedy VOR; 3,000. 472 is amended by adding: Int, 057° M rad, Coyle VOR and 206° M rad, Section 95.6258 VOR Federal airway 258 is amended to delete: Elizabeth City, N.C., VOR; *Zang INT, N.C.; Kennedy VOR; Kennedy, H.Y., VOR; 1,700. **4,000. *4,000—MRA. *4,000—^CA Kennedy, N.Y., VOR; Int, 053° M rad, Ken- Roanoke, Va., VOR; Penhook INT, Va.; 5,000. Zang INT, eastbound. **1,400—MO

Section 95.6839 VOR Federal airway Section 95.7100 Jet Route No. 100 is 839 is amended to read in part: added to read: Title 26-INTERNAL REVENUE From, to, and ME A From, to, ME A, and MAA Chapter I— Internal Revenue Service, Bryce Canyon, Utah, VORTAC; Int 033° M Beckley, W. Va., VOR; Ivydale INT, W. Va.; Department of the Treasury *5,000. *4,900—MOCA. rad, Bryce Canyon, VORTAC and 244° M rad, Grand Junction VORTAC; 28,000; SUBCHAPTER E— ALCOHOL, TOBACCO AND Ivydale INT, W. Va.; Walnut Grove INT, 45.000. OTHER EXCISE TAXES W. Va.; 5,000. - Int 033° M rad, Bryce Canyon, VORTAC and Section 95.6845 VOR Federal airway 244° M rad, Grand Junction, VORTAC; PART 170— MISCELLANEOUS REGU­ 845 is am ended to read in part: Grand Junction, Colo., VORTAC; 18,000; LATIONS RELATING TO LIQUORS 45.000. Ardmore, Okla., VOR; Gainesville INT, Tex.; Correction of CFR Supplement as of *2,700. *2,300—MOCA. Section 95.7121 Jet Route No. 121 is added to read: . January 1, 1965 Section 95.6859 VOR Federal airway An inadvertent ommission occurs in 859 is amended to read in part: Norfolk, Va., VORTAC; Sea Isle, N.J., VORTAC; 18,000; 45,000. Part 170 as it appears in Title 26 (Parts Ardmore, Okla., VOR; Gainesville INT, Tex.; Sea Isle, N.J., VORTAC; Hampton, N.Y., 170 to 299) Cumulative Supplement as of *2,700. *2,300—MOCA. VORTAC; 18,000; 45,000. January 1, 1965. The omitted text set Section 95.6863 VOR Federal airway Hampton, N.Y., VORTAG; Providence, R.I., forth below follows page 6 of the Supple­ VOR; 18,000; 45,000. ment: 863 is amended to read in part: Providence, R.I., VOR; Int, Ö59 ° M rad, Prov­ La Guardia, N.Y., VOR; Int, 070°M rad„ La idence, VORTAC and 082° M rad, Boston, R edem ption o f S ta m ps in P uerto R ico VORTAC; 18,000; 45,000. Guardia VOR and 029° M rad, Kennedy § 170.633 Stamps eligible for redemp­ VOR; *2,000. *1,500—MOCA. tion. Int, 070° M rad, La Guardia VOR and 029° Section 95.7506 Jet Route No. 506 is M rad, Kennedy VOR; Bayville INT, N.Y.; added to read: Subject to the provisions of section ♦2,000. *1,100—MOCA. Millinocket, Maine, VORTAC; United States- 6805, I.R.C., and of this subpart, unused Section 95.6875 VOR Federal airway Canadian border; 18,000; 45,000. Puerto Rican special rectification S75 is amended to read in part: Section 95.7509 Jet Route No. 509 is stamps, or unused rectification tax sheet added to read: stamps, may be redeemed if claim is Carmel, N.Y., VOR; Int, 093° M rad, Sparta filed within 3 years of the date of pur­ VOR and 244° M rad, Carmel VOR; 2,600. Int, 177° M rad, Massena, VOR and 215° M Int, 093° M rad, Sparta VOR and 244° M rad, rad, St. Eustache, VOR; United States- chase of the stamps. Carmel VOR; Solberg, N.J., VOR; *2,000. Canadian border; 18,000; 45,000. § 170.634 Claim, Form 843. *1,900—MOCA. Section 95.7584 Jet Route No. 584 is Redemption of unused stamps under Section 95.7001 Jet Route No. 1 is added to read: this subpart shall be allowed by the amended by adding : Chief, Collection Branch, pursuant to Northbrook, 111., VORTAC; Carleton, Mich., a claim on Form 843, for refund of the From, to, ME A, and MAA VORTAC; 18,000; 45,000. Carleton, Mich., VORTAC; Slate Run, Pa., amount paid for unused stamps and United States-Mexican border, San Diego, VOR; 18,000; 45,000. shall be made only to the person or his Calif., VORTAC; 18,000; 45,000. Slate Run, Pa., VOR; Kennedy, N.Y., legal representative, who purchased VORTAC; 18,000; 45,000. such stamps from the Government. The Section 95.7018 Jet Route No. 18 is Section 95.7586 Jet Route No. 586 is claim shall be filed with the Chief, Col- amended to read in part: added to read: lection^Branch. Separate claims shall be filed for each of the premises for Phoenix, Ariz., VORTAC; Grants, N. Mex., United States-Canadian border; Massena, V(®; #21,000; 45,000. #MEA is estab­ N.Y., VOR; 18,000; 45,000. which the stamps were procured. The lished with a gap in navigation signal stamps for which claim is made shall coverage. Massena, N.Y., VOR; United States-Canadian border; 18,000; 45,000. be attached to the Form 843, and the class, number, and denomination there­ Section 95.7024 Jet Route No. 24 is 2. By amending Subpart D as follows: of shall be listed in the claim or in an amended to read in part: Section 95.8003 VOR Federal airway attachment thereto. If the claim in­ changeover points: P^ iX’ Ariz > VORTAC; Grants, N. Mex., cludes stamps which had been destroyed, v #21,000: 45,000. #MEA is estab- Airway segment: From; to—Changeover evidence satisfactory to the Chief, Col­ covera a in navigation signal point: Distance; from lection Branch, establishing such de­ V-8 is amended by adding: struction must accompany the claim. Hanksville, Utah, VORTAC; Grand Junction, § 170.635 Time for filing claim. J ecti°n 95.7034 Jet Route No. 34 is Colo., VORTAC; 40; Hanksville. tended to read in part: V—21 is amended to read in part: No claim for the redemption of stamps lckinson, N. Dak., VORTAC; Aberdeen, Dubois, Idaho, VOR; Dillon, Mont., VOR; 46; eligible for redemption under § 170.633 VOR; #18,000; 45,000. #MEA is Dubois. shall be allowed unless presented within V-2S7 is amended to read in part: 3 years after the purchase of such covera WiUl a gap in navigation signal Dubois, Idaho, VOR; Dillon, Mont., VOR; 46; stamps from the Government. Dubois. V-287 is amended by adding: § 170.636 Authorized claimant.- J S ! 5 \ 95-7070 Jet R°ute No. 70 is Portland, Oreg., VOR; Olympia, Wash., VOR; amended to read in part: 42; Portland. Claims should be made in the name f e N , Dak., VORTAC; Aberdeen J-501 is amended by adding: of the purchaser of the stamps, except Seattle, Wash., VORTAC; United States- that in the case where such person is Canadian border; 60; Seattle. deceased 'the claim should be made in (Secs. 307, 1110, Federal Aviation Act of 1958; the name of the executor or administra­ 49 U.S.C. 1348, 1510) tor. Certified copies of the letters of administration or letters testamentary, ™ Ä nÄ 4te:Jei R0Ute 84 * Issued in Washington, D.C., on May 11, or other similar evidence, should be at­ 1965. tached to the claim to show that the 3 ^ - Ä t Carleton’ “ ott- E dward C. H odson, claimant is the executor, etc. If the Acting Director, claim is signed by an attorney-in-fact Ä p si*‘° »>“ • „ Flight Standards Service. for an individual, partnership, associa­ [F.R. Doc. 65-5177; Filed, May 18, 1965; tion, or corporation, or by one of the t o ä °’18pä ;:Ä. Kenne,li- N-Y- 8:45 a.m.] members of a partnership or association, No. 96-----2 6770 RULES AND REGULATIONS

or, in the case of a corporation, by an Kings County. The entire county. 1003), it is found upon good cause that officer or other person, the authority for Monroe County. The entire county. notice and other public procedure with New York County. Governors Island. such signing must be evidenced by a Niagara County. The towns of Cambria, respect to this revision are impracticable duly authenticated copy of the power of Lewiston, Lockport, Newfane, Niagara, Pen­ and contrary to the public interest, and attorney conferring authority upon the dleton, Porter, Wheatfield, and Wilson, and good cause is found for making this re­ person signing the document to execute the cities of Lockport, Niagara Falls, and vision effective less than 30 days after the same or, in the case of a corporation, North Tonawanda. publication in the F ederal R egister. by properly certified copies of extracts of Oneida County. The towns of New Hart­ the minutes of meetings of the board of ford and Whitestown, and the city of Utica. Done at Hyattsville, Md., this 14th day directors authorizing certain officers or Onondaga County. The towns of Camil- of May 1965. lus, Cicero, Clay, De Witt, Elbridge, Geddes, [seal] Leo G. K. Iverson, other persons to sign for the corpora­ Lysander, Manlius, Onondaga, Salina, and tion: Provided, That such evidence of Van Buren, and the city of Syracuse. Acting Director, authority to sign need not be submitted Ontario County. Towns of Canandaigua, Plant Pest Control Division. with the claim where such document has Farmington, Geneva, Gorham, Hopewell, [F.R. Doc. 65-5269; Filed, May 18, 1965; previously been filed by the claimant Manchester, Phelps, Seneca, and Victor, and 8:48 a.m.] with the Chief, Collection Branch. Pow­ the cities of Canandaigua and Geneva. ers of attorney shall be executed on Oswego County. The town of Schroeppel, Form 1534.' and the city of Oswego. Chapter IX— Consumer and Market­ Richmond County. The entire county (Staten Island). ing Service (Marketing Agreements Schuyler County.- The towns of Dix, Read­ and Orders; Fruits, Vegetables, Tree ing, and Tyrone. Nuts), Department of Agriculture Title 7— AGRICULTURE Seneca County. The towns of Fayette, Junius, Seneca Falls, and Tyre, the village [Orange Reg. 48] Chapter III— Agricultural Research and town of Waterloo, and the city of Seneca Service, Department of Agriculture Falls. PART 905— ORANGES, GRAPEFRUIT, [P.P.C. 613, 6th Rev.] Wayne County. The entire county.- T A N G ER IN ES , AND TANGEL0S Yates County. The town of Starkey. GROWN IN FLORIDA PART 301— DOMESTIC QUARANTINE (Sec. 9, 37 Stat. 318, sec. 106, 71 Stat. 33; 7 NOTICES U.S.C. 162, 150ee. Interprets or applies sec. Limitation of Shipments 8, 37 Stat. 318, as amended; 7 U.S.C. 161; 29 § 905.465 Orange Regulation 48. Subpart— European Chafer F.R. 16210, as amended, 30 F.R. 5801; 7 CFR 301.77- 2) (a) Findings. (1) Pursuant to the A dministrative I nstructions D esignat­ marketing agreement, as amended, and in g R egulated Areas U nder E uropean These administrative instructions this part (Order No. 905, as amended), C hafer Q uarantine and R egulations shall become effective May 19, 1965, regulating the handling of oranges, Pursuant to the authority conferred by when they shall supersede administrative grapefruit, tangerines, and tangelos instructions effective May 7,1964 (7 CFR grown in Florida effective under the ap­ § 301.77-2 of the regulations supple­ 301.77- 2a). mental to the European chafer quaran­ plicable provisions of the Agricultural tine (7 CFR 301.77-2), under sections 8 The Director of the Plant Pest Control Marketing Agreement Act of 1937, as and 9 of the Plant Quarantine Act of Division has determined that infesta­ amended <7 U.S.C. 601-674), and upon 1912, as amended, and section 106 of the tions of the European chafer exist or are the basis of the recommendations of the Federal Plant Pest Act (7 U.S.C. 161, 162, likely to exist in the counties and other committees established under the afore­ 150ee), administrative instructions ap­ civil divisions, and parts thereof, listed said amended marketing agreement and pearing as 7 CFR 301.77-2a are hereby above, or that it is necessary to regulate order, and upon other available infor­ revised to read as follows: such localities because of their proximity mation, it is hereby found that the Imi­ to infestation or their inseparability tation of shipments of oranges, including § 301.77—2a Administrative instructions for quarantine purposes from infested Temple oranges, as hereinafter provided, designating regulated areas under localities. Therefore, such counties and will tend to effectuate the declared policy the European chafer quarantine and other civil divisions, and parts thereof, of the act. regulations. are designated as European chafer regu­ (2) It is hereby further found that it The following counties and other civil lated areas. is impracticable and contrary to the divisions, and parts thereof, in the quar­ This-revision of the administrative in­ public interest to give preliminary no­ antined States listed below, are desig­ structions adds the following towns and tice, engage in public rule-making pro­ nated as European chafer regulated cities to the regulated areas in the State cedure, and postpone the effective date areas within the meaning of the provi­ of New York: City of Binghamton, in of this section until 30 days after pu ■ sions in this subpart: Broome County; town of Cortland ville lication thereof in the F ederal Regis™ Connecticut and city of Cortland, Cortland County; (5 U.S.C. 1001-1011) because the time towns of Batavia and Le Roy, and city intervening between the date when in­ Hartford County. The towns of Berlin and formation upon which this section Southington. of Batavia, Genesee County; town of New Haven County. The town of Meriden. Schroeppel and city of Oswego, Oswego based became available and the County; and town of Starkey, Yates when this section must become effec New York County. It also extends the existing in order to effectuate the declared P Broome County. The city of Binghamton. regulated areas in New York to include of the act is insufficient; a reasons Cayuga County. The towns of Brutus, the following towns and cities: Town of time is permitted, under the ?ir Cato, Conquest, Mentz, Montezuma, Sennett, Sennett and city of Auburn, Cayuga stances, for preparation forjuch eff. and Throop, and the city of Auburn. tive time; and good cause exists for Chemung County. The towns of Ashland, County; city of Herkimer, Herkimer Big Flats, Elmira, Horseheads, Southport, and County; town of Wilson, Niagara ing the provisions hereof effeftIL or. the city of Elmira. County; town of Tyrone, Schuyler hereinafter set forth. Shipments Chenango County. The town and Gity of County; and towns of Fayette and Seneca anges, including Temple oranges, S Norwich. Falls, and city of Seneca Falls, Seneca in the production area, are present Cortland County. The town of Cortland- County. subject to regulation by g^a^esJ*„rketing ville, and the city of Cortland. Inasmuch as this revision imposes pursuant to the amended^„da- Erie County. The towns of Amherst, restrictions necessary to prevent the agreement and order; th e reco Cheektowago, and Tonawanda, and the cities spread of European chafers, it should be tion and supporting 1^°.riS at.1°”cifled of Buffalo,' Lackawanna, and Tonawanda. made effective promptly to accomplish regulation during the PeuodP ^ Genesee County. The towns of Batavia herein were promptly subm*j^. 0f the and LeRoy, and the city of Batavia. its purpose in the public interest. Ac­ Department after an open meeting of ^ Herkimer County. The town and city of cordingly, under section 4 of the Ad­ Herkimer. ministrative Procedure Act (5 U.S.C. rivnnmro A riiriirn strati V6 Commit Wednesday, M ay 19, 1965 FEDERAL REGISTER 6771

May 11, 1965, such meeting was held (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Chapter XIV— Commodity Credit Cor­ 601-674) to consider recommendations for regu­ poration, Department of Agriculture lation, after giving due notice of such Dated: May 14,1965. meeting, and interested persons were SUBCHAPTER C— EXPORT PROGRAMS afforded an opportunity to submit their P aul A. N icholson, [Rev. I; Amdt. 8 ] views at this meeting; the provisions of Deputy Director, Fruit and Veg­ this section, including the effective time etable Division, Consumer and PART 1483— WHEAT AND FLOUR Marketing Service. hereof, are identical with the aforesaid Subpart— Flour Export Program— recommendation of the committee, and [F.R. Doc, 65-5245; Filed, May 18, 1965; information concerning such provisions 8:47 a.m.] Cash Payment (GR—346) Terms and and effective time has been disseminated Conditions among handlers of such oranges; it is [Valencia Orange Reg. 119, Amdt. 1] The Terms and Conditions of the Flour necessary, in order to effectuate the de­ Export Program—Cash Payment (GR- clared policy of the act, to make this sec­ PART 908— V A L E N C IA O R A N G ES 346) (25 FJt. 58l6), as amended (25 F.R. tion effective during the period here­ GROWN IN ARIZONA AND DESIG­ 9939, 25 FJR. 10758, 27 F.R. 1753, 27 FR. inafter set forth so as to provide for the NATED PART OF CALIFORNIA 4863, 27 F.R. 10351, 29 F.R. 4667 and 29 continued regulation of the handling of FJt. 12010) are further amended as fol­ oranges, including Temple oranges, and Limitation of Handling lows: compliance with this section will not Findings. (1) Pursuant to the mar­ A new section is added immediately require any special preparation on the after § 1483.202 to read as follows: part of the persons subject thereto which keting agreement, as amended, and this part (Order No. 908, as amended), reg­ § 1483.203 Financial responsibility. cannot be completed by the effective time ulating tiie handling of Valencia oranges hereof. grown in Arizona and designated part of CCC reserves the right to refuse to (a) (b) Order. (1) Terms used in the California, effective under the applicable consider an offer to purchase CCC wheat amended marketing agreement and or­ provisions of the Agricultural Marketing for export as flour, or (b) register a sale der shall, when used herein, have the Agreement Act of 1937, as amended (7 of flour for an export payment here­ same meaning as is given to the respec­ U.S.C. 601-674), and upon the basis of under, if CCC does not have adequate tive term in said amended marketing the recommendation and Information information of the financial responsi­ agreement and order; and terms relat­ submitted by the Valencia Orange Ad­ bility of the offerer to meet contract ing to grade, diameter, standard pack, ministrative Committee, established obligations of the type contemplated in and standard box, as used herein, shall this subpart. If a prospective offerer is have the same meaning as is given to the under the said amended marketing agreement and order, and upon other in doubt as to whether CCC has adequate respective term in the United States information with respect to his financial Standards for Florida Oranges and Tán­ available information, it is hereby found that the limitation of handling of such responsibility, he should either submit a gelos (§§ 51.1140-51.1178 of this title). financial statement to the appropriate (2) Orange Regulation 47 (30 F.R. Valencia oranges, as hereinafter pro­ vided, will tend to effectuate the declared ASCS Commodity Office prior to making 986,3961) is hereby terminated at 12:01 policy of the act. an offer to purchase CCC wheat for ex­ a.m., e.s.t., May 31, 1965. port as flour (see § 1483.260 through (3) During the period beginning at (2) It is hereby further found that it is impracticable and contrary to the pub­ 1483.270), or communicate with such 12:01 a.m., e.s.t., May 31, 1965, and end­ office or with the office specified in ing at 12:01 a.m„ e.s.t., September 13, lic interest to give preliminary notice, § 1483.278 prior to making the exporter’s 1965, no handler shall ship between the engage in public rule-making procedure, and postpone the effective date of this agreement with CCC described in § 1483.- production area and any point outside 240 to determine whether such a state­ thereof in the continental United States, amendment until 30 days after publica­ tion thereof in the F ederal R egister (5 ment is desired in his case. When satis­ Canada, or Mexico: factory financial responsibility has not (l) Any oranges, including Temple U.S.C. 1001-1011) because the time in­ tervening between the date when infor­ been established, CCC reserves the right ■ W grown in the production area, mation upon which this amendment is to consider an offer only upon submis­ which do not grade at least U.S. No. 2 sion by the offerer of a certified or Russet; based became available and the time when this amendment must become ef­ cashier’s check, a bid bond, or other tii) Any oranges, except Temple security, acceptable to CCC, assuring oranges, grown in the production area, fective in order to effectuate the declared policy of the act is insufficient, and this that if the offer is accepted the offerer wnich are of a size smaller than 2%6 amendment relieves restriction on the will comply with any provisions of this menés in diameter, except that a toler- handling of Valencia oranges grown in subpart and will furnish a performance I? Percent, by count, of oranges Arizona and designated part of Califor­ bond or other performance security ac­ *;*lan such minimum diameter nia. ceptable to CCC. u Permitted which tolerance shall Order, as amended. The provisions in Section 1483.205 General conditions of vki™1Ledin accordance with the pro- paragraph (b) (1) (i) and (iii) of eligibility is amended by adding a new the application of tolerances § 908.419 (Valencia Orange Regulation paragraph (i) and deleting the last sen­ for S edin sa*d United States Standards 119, 30 F.R. 6429) are hereby amended tence of paragraph (d) and substituting ¿ Æ a ? ranges and Tángelos: Pro- the following: a„p at ln determining the percent- to read as follows: smaiic °^anges in any lot which are § 908.419 Valencia Orange Regulation § 1483.205 General conditions of eligi­ 119. bility. such ne thayi inches in diameter, * * * * * thosp ntoCenta?e shall be based only on ***** size jS V F Z m ,such lot which are of a (b) Order. (1) * * * (d) * * * The foregoing exclusion of or inches in diameter or smaller; (1) District 1: 350,000 cartons; documentary evidence of export which (iii) District 3: 125,000 cartons. has been or will be used in connection thepmrinJrTemple oranges, g] ***** with other export programs is intended smafwd+?10n area’ which are < to prevent a duplication in whole or in (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. part of export payments or allowances Z rt>1thf 2%e inches in d: 601-674) coun? nfal a tolerance of 10 per under two or more export programs of Dated: May 14,1965. CCC on the same quantity of flour. Ac­ suS m l .TemPle oranges small cordingly, nothing herein shall be con­ diameter shall P aul A. N icholson, strued to preclude a bill of lading or in a c c o i 11 to.lerance shall be Deputy Director, Fruit and Veg­ other evidence of export filed under this applicaH anc * Wlth the Provision! etable Division, Consumer and subpart from being used as evidence in aforesaid tto]erances specific Marketing Service. connection with a sale under a purchase Florida n Uni^ed States Standi [F.R. Doc. 65-5246; Filed, May 18, 1965; authorization pursuant to P.L. 480, 83d nda Ganges and Tangelos. 8:47 a.m.J Congress, or a sale of wheat for export 6772 RULES AND REGULATIONS as flour under § 1483.261 of this subpart, be shown. For example: “Hard Spring (i) A certificate of exportation, in or in connection with any other export 0.48 Ash.” For blended flours, the most the case of sales to the Army and Air program of CCC, including barter trans­ predominant class of wheat contained in Force Exchange Service, the certificate actions, if CCC determines that such the blend should be shown. For ex­ shall be signed by the Chief or Assistant use will not result in any duplication of ample: “blended (predominantly) Hard Chief, Transportation Division, AAFES. export payments or allowances. Winter 0.70 Ash.” In the case of sales to Navy Exchanges, * * * * * * * * * * the certificate is obtainable from the U.S. Navy Ship’s Store Office, Third Avenue (i) Unless otherwise specified in the (ix) Coast or coasts of export from and 29th Street, Brooklyn 32, N.Y. It announcement of rates (as referred to which it is anticipated exportation will must be signed, as appropriate, by one of in § 1483.220), payment at rates pro­ be made. the following authorized officials: vided in such announcement shall be it it it * * made only on flour for which domestic (a) Director, Water Freight Division, U.S. Section 1483.241 Cancellation of sale Naval Supply Center, Oakland, Calif. marketing certificates are acquired and or failure to export, is amended to change (b) Director, Traffic Branch Division, U.S. surrendered to CCC. The rate appli­ paragraph (b) to read as follows: Naval Supply Center, Bayonne, N.J. cable to flour for which such certificates (c) Director, Land-Air Freight Division, are not acquired and surrendered to § 1483.241 Cancellation of sale or fail­ U.S. Naval Supply Center, Norfolk, Va. CCC shall be the announced rate, less ure to export. the cost of domestic wheat marketing * * * * * (ii) A statement by the exporter, certi­ certificates under the Processor Wheat fied as being a true and correct state­ (b) If, after an exporter has beenment, that the flour for which export Marketing Certificate Regulations which afforded the opportunity to present evi­ was taken into consideration by CCC in payment is claimed is the same flour as dence, the Vice President determines described in the Declaration of Sale. determining the announced rate. If the that the exporter has failed to export cost of domestic wheat marketing certifi­ in accordance with his agreement with cates exceeds the announced rate, the CCC, the exporter shall pay on demand A new center heading and eleven new difference shall constitute a refund rate any damages resulting from such failure sections are added at the end of the for the purpose of these regulations. or at CCC’s election the exporter may be subpart to read as follows: §1483.221 [Amended] required to ship a quantity of replace­ R edemption of E xport Commodity ment flour, within such period as is ertificates in heat for xport in Section 1483.221(e) is amended by de­ C W E specified by CCC, to the same designated the F orm of F lour leting in the fifth sentence the words country as was provided in the sales con­ “notification telegram” and substituting tract on which exportation was not made, § 1483.260 Submission of offers. the words “notice of sale”. at an export payment rate equal to the CCC invites offers to purchase CCC Section 1483.222 Conversion factors, is lower of (1) the rate applicable to the wheat with Export Commodity Certifi­ amended to change paragraph (a) to sale on which exportation was not made cates, Form CCC-341 (hereinafter re­ read as follows: or (2) the rate applicable to the sale on ferred to as “Certificate(s) ”), for export § 1488.222 Conversion factors. which the replacement flour is exported. as flour. Purchases under this an­ If the exporter fails to export the re­ nouncement cannot be applied to a trans­ (a) The following conversion factorsplacement flour as required, he shall- action under the CCC Export Credit shall be applied to the announced rate pay CCC as liquidated damages an Sales Program (Announcement GSM-3 to determine the rate applicable to a amount determined by multiplying the as amended) or to a barter transaction. particular exportation of flour: quantity of flour involved in such failure Offers may be submitted by letter, tele­ Rate by the amount by which the rate appli­ gram, or orally to the Evanston or Kansas factor cable to the sale on which exportation City ASCS Commodity Office from which Wheat flour (including clears and ex­ was not made is exceeded by the highest the exporter desires delivery. The of­ cluding malted wheat flour), derived ferer must specify the class, grade, dual* from conventional milling practices rate announced on and after the date which are generally accepted in the of CCC’s notice requiring exportation of ity, and quantity of wheat desired, ana milling industry in the United States the replacement flour, for exportation to the desired point of delivery. CCC re­ as representing a 72 percent type of the country and in the period in which serves the right to determine the classes, extraction operation______1.000 the replacement flour was required to be grades, qualities, and quantities an Semolina and farina_____ n______1.000 shipped. It is mutually agreed that such point of delivery for which offers win ne Malted wheat flour______,. 909 amount is a reasonable estimate of the considered, and to reject any offer Bulgur (87 percent extraction opera­ probable actual damages to be incurred whole or in part. Exports of flour mad tion) ______!______! . 841 in satisfaction of an obligation to expo Wheat flour, derived from conventional by CCC. In addition to his liability un­ milling practices which are gener­ der the foregoing provision of this para­ under a contract for the purchase ally accepted in the milling industry graph, the exporter may be suspended or wheat from CCC may also be usea w in the United States as representing debarred from participating in this pro­ satisfy an obligation to export un a 90 percent type of extraction op- gram or in any other program of CCC contract with CCC pursuant to §14 : eration______810 for such period and subject to such terms if otherwise eligible under the prov Whole wheat flour___ *______. 745 and conditions as may be provided pur­ of this subpart. it * * * * suant to the suspension and debarment § 1483.261 Creation of contracts. § 1483.225 [Amended] regulations of CCC (29 F.R. 10495, July 29, 1964, and any amendments thereto). Preliminary negotiations for Section 1483.225(a) (5) is amended by The exporter shall not be liable under of wheat under this subpart shall deleting in the second sentence the words this paragraph and shall not be sus­ confirmed by written Confirma “notification telegram” and substituting pended or debarred for such failure if Sale which shall be issued by the A& the words “notice of sale”. he establishes to the satisfaction of the Commodity Office in duphcatf;. 1u Section 1483.227 Declaration of sale Vice President that his failure to export copy shall be signed and retpn , is and evidence of sale is amended to change was not due to his fault or negligence. exporter whose offer to purchase paragraphs (b) (1) (vi) and (ix) to read accepted by CCC. Such exp°r|L „ The respectively as follows: * * * # * inafter called “the Purchaser. ^ Section 1483.246(a)(7) relating to Confirmation of Sale, Jogethe _ ^ ^ § 1483.227 Declaration of sale and evi­ Documents required as evidence of sale terms and conditions of thisis P of dence of sale. is amended to read as follows: * * * * * any amendments in effect on tract. § 1483.246 Documents required as evi­ sale, shall constitute the ®an\f J 0ns not (b) * * * Any provision of prior nego . gaie (j ) * * * dence of sale. (a) * * * contained in the Coiffirma1 . 0f (vi) Type of flour and type of extrac­ (7) In the case of sales to the Army tion operation (see § 1483.222), the class and Air Force Exchange Service and of wheat from which the flour was milled Navy Exchanges each Form CCC-413 pna ^ ; % o n " n^ preliminary and the approximate ash content must must be supported by: Wednesday, M ay 19, 1965 FEDERAL REGISTER 6773 negotiations, and such d&tc shall b6 pays to CCC the purchase price of the chased as provided in paragraph (b) (2) specified in th e Confirmation of Sale. wheat and any applicable interest or (3) of this section, CCC shall notify promptly upon presentation of invoices the bank which issued or confirmed the § 1483.262 Price. or prior to invoicing by CCC. To the letter of credit that CCC consents to a The contract price for the wheat shall extent that such payment is not made, reduction of such letter of credit, unless be based on the-prevailing United States CCC will draw drafts under the letter of otherwise requested by the purchaser, or domestic market price as determined by credit for the amount remaining unpaid, shall make refund to the purchaser of CCC at the time the parties completed supported by a statement specifying the funds received. Any such reduction or their preliminary negotiations on the amount due. When financial arrange­ refund shall be in an amount equivalent sale, for the class, grade, quality (includ­ ments are made in this manner, the fol­ to the purchaser’s financial coverage un­ ing prótein) and point of delivery of the lowing shall apply : der this subsection related to the quan­ wheat and such price shall be specified in (i) The letter of credit shall have an tity for which payment has been received the Confirmation of Sale. effective period of at least 60 days from in the form of acceptable certificates by § 1483.263 Payment terms and financial the final date for delivery of the wheat CCC. arrangements. to the purchaser as specified in the Con­ (d) The financial arrangements pro­ firmation of Sale. If a single letter of vided in paragraphs (b) and (c) of this (a) The amount due CCC for wheat credit is used for this purpose as well as section shall be made: purchased hereunder shall be paid by the for the upward adjustment in price re­ (1) Prior to delivery of the wheat by purchaser by surrender to CCC of prop­ quired under paragraph. (c) of this sec­ CCC on purchases which provide for de­ erly endorsed certificate (s). If cer­ tion, the effective period shall be 150 livery within 5 days following the date tificates having a value in excess of the days from the final date for delivery. of the sale, and, purchase price are surrendered by the (ii) Interest on the purchase price of (2) On all other purchases, not less purchaser to CCC, the certificates having thè wheat shall be paid in cash for the than 5 days prior to delivery of the wheat the earliest date of issuance shall be ap­ period from the date of delivery of the by CCC, but in no event later than 30 plied first to the purchase and any cer­ wheat to the date CCC receives accept­ days following the date of sale, unless tificates not applied shall be returned to able certificates or cash or, in the case CCC consents in writing to a different the purchaser. If the value of certifi­ of payments against sight drafts drawn period. cates applied to the purchase exceeds the by CCC, the date CCC estimates the draft (e) If the purchaser fails to make a purchase price, such excess will be ad­ will be paid. The rate of interest shall financial arrangement acceptable to CCC justed by issuance and delivery to the be the rate in effect on the date of sale in accordance with paragraph (d) of this purchaser of a balance certificate which as announced in the CCC Monthly Sales section, CCC shall have the right to deem may be used on a subsequent purchase List for sales made under the CCC credit the purchaser in default and may avail from CCC. The date of issuance shown sales program for periods up to 12 itself of any remedy available to an un­ on the balance certificate will be months. The interest shall be included paid seller. The purchaser shall be liable the date shown on the original cer­ in the amount of sight drafts drawn by to CCC for any loss or damages resulting tificate, or if more than one certifi­ CCC. from such default. cate is applied to the purchase, the (iii) Unless otherwise requested by the date of issuance shown on the balance purchaser, CCC shall, promptly after re­ § 1483.264 Delivery. certificate will be the latest date of ceiving cash for application on the pur­ (a) The method, time, and place of issuance shown on a certificate applied chase price and interest, if any, or ac­ delivery of the wheat by CCC will be as to the purchase. The value of thè bal­ ceptable certificates for application on specified in the Confirmation of Sale. ance certificate will be determined by the purchase price, notify the bank which (b) If the wheat Is to be delivered In­ deducting from the value of certificates issued or confirmed the letter of credit store, delivery shall be accomplished by surrendered to CCC, the purchase price that CCC consents to a reduction of such delivery to the purchaser of endorsed of the wheat. letter of credifin an amount equivalent warehouse receipts, or other evidence of (b) Financial arrangements covering to the amount of cash or acceptable cer­ title. Delivery may be made by posting file purchase price specified in the Con­ tificates received. warehouse receipts in the mail. In the firmation of Sale of any wheat purchased (iv) To the extent acceptable certifi­ case of instore delivery the terms of con­ from CCC hereunder shall be made prior cates are received by CCC within 90 days tinued storage thereafter shall be for to delivery of the wheat by CCC in one after delivery of the wheat to the pur­ (or a combination) of the following determination between the purchaser and ways: chaser, CCC shall promptly make refund warehouseman. of any funds received representing the (c) If the wheat is to be delivered .^Surrender to the appropriate purchase price of the wheat (but not any other than instore, the details thereof ASCS Commodity Office of certificate (s) interest). shall be specified in the Confirmation of sufficient to pay for the wheat. - (c) The amount of the upward adjust­Sale. (2) if a purchaser desires delivery ment in price which is provided in (d) Title and risk of loss and damage Prior to receipt by CCC of eerticates, he § 1483.268 for failure to submit certifi­ shall pass to the purchaser upon delivery. may make payment in cash, certified cates within 90 days after delivery shall All charges thereafter accruing, includ­ neck, or cashier’s check for the wheat be computed as of the date of sale, and ing warehouse and loading-out charges, w be delivered, or if delivery is to be shall be specified in the Confirmation of in the case of instore delivery, shall be “laue in store, he may request that CCC Sale. Financial arrangements for such for the account of the purchaser: Pro­ draft on hini through a price adjustments shall be made by each vided, That if delivery is not made within t °&nk with warehouse receipts at- purchaser who wishes to obtain delivery 30 days after the date of sale, the pur­ tacned or request that CCC surrender of wheat prior to receipt by CCC of cer­ chaser shall pay CCC for warehouse tan^are^ouse receiPts to him in a simul- tificates therefor in one of the following charges on the wheat not delivered, at eous exchange for an acceptable re- ways: the rate specified in the Confirmation m S nce~delivered at the ASCS Com- (1) Payment in cash, certified check, of Sale for the period beginning on the Jf u°®ce' To the extent that or cashier’s check or 31st day to and including the date of de­ ,~ie certificates are received by (2) Establishment of an irrevocable livery or, if the purchaser fails to take days after delivery of the commercial letter of credit acceptable to delivery, to and including the final date DrnmLi the Purchaser, CCC shall CCC which shall have an effective peripd for delivery specified in the Confirma­ malce refund of funds received, of at least 150 days from the date for tion of Sale or any written extension nrw + 1 a Purchaser desires delivery delivery specified in the Confirmation of thereof: Provided further, That the pur­ hp mo« ***** by CCC of certificates, Sale and upon which CCC will draw chaser shall not be responsible for such cial an irrevocable commer- drafts for the amount of the upward ad­ charges accruing after such 30-day for a« er of credit acceptable to CCC justment in price resulting from such period as a result of delay on the part amA„P.arP0Unt equivalent to the total failure to submit certificates within 90 of CCC in making delivery which is not whpat •^le Purchase price of the days after delivery, supported by a state­ attributable to the fault or negligence Gen „ P, iuterest thereon for 60 days, ment specifying the amount due CCC. of the purchaser. credit t« draw against the letter of Promptly after CCC receives acceptable (e) If on deliveries other than instore the extent that the purchaser certificates in payment of the wheat pur­ the purchaser fails to take delivery of 6774 RULES AND REGULATIONS the wheat within the delivery period tion to a designated country of the flour ported under the contract, the quantity specified in the Confirmation of Sale, equivalent of the wheat delivered here­ of flour that must be exported shall be or any written extension thereof, CCC under by CCC. The flour exported shall as stated in the Confirmation of Sale and may at its option deliver the wheat in­ not be re-entered by anyone into the shall equal at least that quantity of flour store in a warehouse of its choice by de­ United States, Alaska, Hawaii or Puerto which could be produced from the livery of endorsed warehouse receipts, Rico, nor shall the purchaser cause the quantity of wheat acquired from CCC or CCC shall have the right to deem the flour exported to be transshipped to any when milled at the extraction rate stated purchaser in default and the purchaser country excluded by § 1483.287. in the Confirmation of Sale. It is not shall be liable to CCC for any loss or (b) The purchaser shall, within 30 required that the flour exported be milled damages resulting from such default. days after exportation, furnish to the from the identical wheat delivered by A£>CS Commodity Office evidence of such CCC or from wheat of the same class and § 1483.265 Specifications. exportation, as required in § 1483.267. grade. The flour must have been milled (a) If the wheat is to be delivered Failure of the purchaser to furnish CCC in a mill located in the same wheat mar­ instore, CCC shall deliver warehouse re­ evidence of exportation within 120 days ket area, as determined by CCC, as the ceipts, or other evidence of title, repre­ after delivery of the wheat to him, or in area in which the wheat acquired here­ senting the kind of wheat and the quan­ the case of extension of the time for ex­ under was delivered by CCC, unless the tity, class, grade, and quality stated in port, within 30 days from the last date Confirmation of Sale specifies that the the Confirmation of Sale, and CCC shall specified for exportation under such ex­ flour may be milled in a different area. have no responsibility in the event of tension, shall constitute prima facie evi­ (d) Exportation by or to a United failure of the warehouseman to deliver dence of failure to export. Documents States Government agency1 shall not in accordance with the warehouse re­ supporting an Application for Flour Ex­ qualify as an exportation under the ceipts or other evidence of title. port Payment on the flour exported will provisions of this Announcement unless (b) If the wheat is to be delivered be accepted as evidence of export of .exportation is by or to the Army and other than instore, the kind of wheat wheat purchased from CCC if they sat­ Air Force Exchange Service, Navy Ex­ and the quantity, class, grade, and qual­ isfy the requirements specified in changes or the Panama Canal Company. ity delivered shall be that stated in the § 1483.267, and the Application for Flour (e) The flour shall not be exported by Confirmation of Sale. Determinations as Export Payment is accompanied by a anyone or transhipped by the purchaser to the class, grade and quality of the letter in duplicate specifying the docu­ or caused to be transhipped by the pur­ wheat delivered shall be made on the ments which are submitted as evidence of chaser to one or more countries or areas basis of an official inspection at point of export and the CCC sales' contract num­ to which a license is required by the delivery, unless otherwise specified in ber to which they relate. Bureau of International Commerce, the Confirmation of Sale. The method (c) The flour exported must have been United States Department of Commerce of determining the quantity delivered milled in the United States from U.S. unless a license for such shipment or shall be as stated in the Confirmation wheat. The flour exported shall be pro­ transhipment thereto has been obtained of Sale. If the wheat delivered is within duced under a conventional milling prac­ from such Bureau.3 the quality tolerance, if any, specified in tice that is generally accepted in the (f) Flour exported shall be deemed to the Confirmation of Sale, such delivery milling industry in the United States as have been exported on the date which shall be accepted by the purchaser. If representing a 72 percent type of extrac­ appears on the applicable onboard ex­ the wheat delivered is not within the tion operation and such extraction rate port bill of lading, or if export is by truck quality tolerance, if any, specified in the shall be the rate as to which the pur­ or rail, on the date the shipment clears Confirmation of Sale, the wheat may be chaser must certify in § 1483.267(c), un­ the United States Customs. If flour is rejected by the purchaser at the time of less specific arrangements have been lost, destroyed or damaged after loading delivery or accepted subject to .„an ad­ made with CCC for the export of flour on board an export vessel, exportation justment in price for grade and quality produced under a different type of ex­ shall be deemed to have been made as differences in accordance with current traction operation and such extraction of the date of the on-board-vessel bill of market premiums and discounts, as de­ rate has been specified in the Confirma­ lading or the latest date appearing on termined by CCC. In the case of re­ tion of Sale. The wheat equivalent of the loading tally sheet or similar docu­ jection, CCC shall, upon request of the each type of flour shown in Column A ments if the loss, d estru ctio n or damage purchaser, replace such rejected quan­ shall be the number of bushels of wheat occurs subsequent to loading aboard tity. The purchaser may reject any over­ prescribed as the conversion factor for vessel but prior to issuance of the on­ deliveries in quantity. Overdeliveries such type of flour in Column B. The board bill of lading: Provided, That, u in quantity accepted by the purchaser exporter shall export 100 pounds of flour the “lost” or “damaged” flour remains shall be settled for at the contract price in the United States, it shall be consid­ for each unit of wheat equivalent shown ered as re-entered flour and shall be su - unless a different price has been agreed in Column B. to between CCC and the purchaser. In ject to the provisions of § 1483.268(b) find case of underdeliveries a balance certifi­ (A) (B) NIN UTIflote TUto ptmcHASERs:Jt'UWJxa.AO.Eitto. Purchasers* w*v**«> ------may - cate shall be issued by CCC, or if other Bushels of wheat it desirable to carry insurance on tne i financial arrangements were furnished, equivalent per 100 domestic value of flour against any the value of certificates the purchaser is pounds of flour which may occur prior to the flour required to surrender will be reduced. In Type of flour (conversion factor) this country by rail or truck or p the case of overdeliveries the purchaser Wheat flour (Including clears and ex­ loading on the export vessel. cluding malted wheat flour) derived shall tender cash or certificates to CCC. from conventional milling practices • rnited States Government agency m If the value of wheat delivered exceeds which are generally accepted in the corporation wholly owned by t the value of certificates surrendered by milling industry in the United Government and any department, $3.00 or less, no adjustment will be States as representing a 72 percent an, administration or other un necessary. If the value of certificates type of extraction operation—_2. 283 iral Government as, for Force, surrendered exceeds the value of wheat Semolina and farina______«.______2. 283 ments of the Army, Navy and Air* 9 delivered by $3.00 or less, a balance cer­ Malted wheat flour______2. 075 the Agency for International Bulgur (87 percent extraction opera­ t. Sales to foreign buyers, mcludWg tificate will not be issued unless re­ t io n ) .- ______—— 1.916 gn governments though finance quested.- Wheat flour, derived from conven­ ts made available- by a ^„tlrnational § 1483.266 Export requirements. tional milling practices Which are icy such as the Agency for ^ are generally accepted in the milling slopment or the Export-Imp __ vernment , (a) The purchaser shall, on or after industry in the United States as rep­ sales to a United States ^ for the date of sale and within 90 days after resenting a 90 percent type of ex- cy, provided the commodity States delivery by CCC of the wheat to him or traction operation______1. 851 sfer by such buyer to a United Whole wheat flour______£ ______1. 700 eminent agency. invited to within such extension of that period as ’he attention of the off®re h aCCOm- may for good cause be approved by the If flour of an extraction rate other than “Notice to Exporters, whicn Director of his designee in writing pur­ those for which conversion factors are a T^nnnnrement. relati suant to § 1483.268(c) (2) cause exporta­ specified in Column B above is to be ex­ Wednesday, M ay 19, 1965 FEDERAL REGISTER 6775

§ 1483.267 Evidence of export. containers and the number of containers, by one of the following authorized offi­ the export destination, a certification by cials: Evidence of export shall consist of the the exporter that shipment is not by or following documentation, as applicable: 1 (1) Director, Water Freight Division, U.S. to a U.S. Government agency (unless it is Naval Supply Center, Oakland, Calif. (a) If export is by water or air, a non- the A&AF Exchange Service, Navy Ex­ (2) Director, Traffic Branch Division, U.S. negotiable copy or photostat of the ap­ change or the Panama Canal Company), Naval Supply Center, Bayonne, N.J. plicable on-board bill of lading issued and such other information required in (3) Director, Land-Air Freight Division, at point of export signed by an agent of U.S. Naval Supply Center, Norfolk, Va. the export carrier, which shows the CCC paragraph (a) of this section as may be sales contract number, the net weight applicable hereto. (j) Where for good cause, the exporter of the flour exported, the name of the (e) Where shipment takes place from establishes that he is unable to supply export carrier, and shows that the flour a Canadian port: documentary evidence of export as speci­ is destined for a designated country. If (1) One signed or certified true copy fied in the above provisions of this sec­ the country of destination shown on the of the bill of lading or other document tion, CCC may accept such other evi­ bill of lading is not the ultimate desti­ covering the movement of the flour from dence of export as will establish to its nation, the exporter shall also furnish the United States to the export vessel satisfaction that the exporter has fully one unauthenticated copy of a Shipper’s described in the on-board ship bill of complied with his obligations to export. Export Declaration showing that the lading issued at the point of export in (k) Such additional evidence of ex­ country of ultimate destination is in Canada, and portation as CCC may require to enable fact a designated country. If the bill (2) One signed or certified true copy it to determine that there has been com­ of lading shows the gross weight rather of a document evidencing the preserva­ pliance with the export requirements of tion of the identity of the flour until ex­ this Announcement. than net weight, the purchaser shall ported from Canada. furnish a certification as to the number § 1483.268 Adjusted contract price. of bags, the tare weight, and the net (3) A certification by the exporter weight of the flour. Where loss, de­ that the flour was milled in the United (a) Wheat is made available under struction or damage to the flour occurs States or Puerto Rico from wheat pro­ this Announcement at prices below the subsequent to loading aboard the export duced in the United States. statutory minimum required under sec­ carrier but prior to the issuance of the (f) Where exportation of the flour has tion 407 of the Agricultural Act of 1949, on-board bill of lading, a copy of a load­ been made by anyone or transhipment as amended, for sales for unrestricted ing sheet or acceptable similar document made or caused to be made by the pur­ use upon condition that payment in cer­ may be substituted for the commercial chaser to one or more of the countries tificates is made as provided in § 1483.263 bill of lading. or areas to which a license is required and upon the further condition that the (b) If export is by rail or truck, one by the Bureau of International Com­ purchaser complies with all applicable unauthenticated copy of Shipper’s Ex­ merce, United States Department of provisions of §§ 1483.266 and 1483.267. port Declaration (or photostat copy of Commerce, the license issued for such If the flour is not exported as required an unauthenticated copy) which identi­ movement by such agency shall be by this Announcement, excluding, how­ fies the shipment (s)* the date of clear­ identified. ever, the requirement as to time of ex­ ance into the foreign country, the weight (g) In case a single bill of lading or portation, or if payment in certificates is of the flour, and the CCC sales contract other documentary evidence of export not made as required, the contract price number. The unauthenticated copy, or covers more than the net quantity of with respect to the quantity of wheat in­ photostat copy, shall bear the following flour which is applied against any one volved shall be adjusted upward by the statement certified by the purchaser:' contract with CCC and such documen­ amount that such contract price is ex­ tary evidence of export is to be used as ceeded by the price which is the highest The authenticated copy of this Shipper’s evidence of export of such excess quan­ Export Declaration was forwarded to (name of the following in effect on the date of of the ASCS Commodity Office) with appli­ tity in connection with a different con­ sale: cation for Hour Export Payment under tract with CCC under any export pro­ (l) CCC’s statutory minimum sales Registration No. ______gram of CCC pursuant to which CCC has price for domestic unrestricted CCC, or paid or agreed to pay an export allow­ (2) the sales price announced by CCC (0 A certification, signed by the pur­ ance or has sold wheat at prices which for sales for domestic unrestricted use chaser, and, if the purchaser did not mill reflect any export allowance, each copy of the same class, grade and quality of the flour, by the miller of the flour, stat- of such documentary evidence of export the wheat or, (1) the extraction rate of the flour, submitted pursuant to this section shall (3) if no such sales price has been an­ (2) the maximum ash content of the be accompanied by a statement certified nounced, the domestic market price as hour, (3) that the flour was the product by the exporter identifying all contracts determined by CCC. oi a conventional United States milling with CCC to which this documentary evi­ (b) The total amount of any upward process which would normally produce dence of export has been or will be ap­ adjustment in contract price or liqui­ ÿ the extraction rate shown, (4) plied and the quantity applicable to each dated damages arising under this section at the flour exported was milled only contract. shall be paid by the purchaser to CCC P?1 ünited States wheat, and (5) the (h) The documentary evidence of ex­ promptly upon demand, plus interest on mess of the mill in which the exported port submitted herein, except to the ex­ such upward adjustment at the rate of nour was produced. tent permitted by paragraph (g) of this 6 percent per annum from the date of ^ tbe exP°rt shipment is made section, must not have been used in con­ sale. Any upward adjustment of the nL3efs®1> plane> truck or other carrier, nection with any other sale of wheat for contract price will not be made if CCC a w te the manifest shal parture or to the Canadian immigration United States as a member of the crew ta 2 r ‘ited on a M W , execute, officer at the port of arrival in that of the same vessel or an aircraft of the rdance with the instructions oi country. same line. No. 96----- 3 6778 RULES AND REGULATIONS

§ 251.3 Departure manifests and lists . States as crewmen on an aircraft of the as amended (30 FJt. 4252) is hereby fur- for vessels. same line and who are departing as pas­ ther amended by adding to Schedule B (a) Form 1-418, Crew List. The mas­ sengers. The surname, given name, and of § 121.3-8 the following industry size ter or agent of every vessel departing middle initial of each such crewman standard: from the United States shall submit to listed shall be shown. (b) Notification of changes in em­ the immigration officer at the port from Census Employment which such vessel is to depart directly to ployment for aircraft. The agent of the Classifi­ size air transportation line shall immediately cation Industry standard some foreign place or outlying possession code (number of of the United States, except when a notify in writing the nearest immigration employees) manifest is not required pursuant to office of the termination of employment in the United States of each alien em­ 2295______Artificial leather, oilcloth, 1,000 1251.1(a), a single Form 1-418, Crew and other impregnated List, completed in accordance with the ployee of the line furnishing the name, and coated fabrics, ex­ instructions contained herein. Every birthdate, birthplace, nationality, pass­ cept rubberized. item in the heading of the Form 1-418 port number, and other available infor­ must be completed and the following en­ mation concerning such alien. This amendment shall become effec­ dorsement shall be placed on the first (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) tive 60 days after publication in the line of the form: “Arrival Crew List, F ederal R egister. Form 1-418, filed at (show United States The basis and purpose of the above- port of e n try )S u b m issio n of a Form prescribed rules are to provide for the Dated: May 11, 1965. more expeditious and meaningful sub­ 1-418 which lacks that endorsement or E ugene P. Foley, which lacks other essential information mission of departure manifests; to elim­ Administrator. shall be regarded as lack of compliance inate the requirement for presentation of crew manifests upon arrival from [F.R. Doc. 65-5228; Filed, May 18, 1965; with section 251(c) of the Act. 8:45 a.m.] (b) Added crewmen. Under a head­ Guam, Puerto Rico, or the Virgin Islands ing “Added Crewmen,” list the names of of the United States; and to require the all nonresident alien crewmen who were manifesting of certain air crewmen who not members of the crew and manifested enter or depart as passengers. T itle 4 7 — TELECOMMUNICATION on Form 1-418 as such on the occasion This order shall become effective on of the vessel’s last arrival in the United July 1,1965. Chapter I— Federal Communications States and attach for each name on the Dated: May 13, 1965. Commission list the Form 1-95 or Form 1-94 given to R aymond F . F arrell, [FCC 65-4001 the alien crewman when he last arrived Commissioner of in the United States. If that form is Immigration and Naturalization. PART 0— COMMISSION unavailable, a new Form 1-95 shall be ORGANIZATION prepared and attached to the Form [F.R. Doc. 65-5225; Filed, May 18, 1965; 1-418. 8:45 a.m.] PART 1— PRACTICE AND (c) Separated crewmen. Uuder a PROCEDURE heading “Separated Crewmen,” list the names of all alien crewmen, other than PART 83— STATIONS ON SHIPBOARD alien permanent residents of the United Title 13— BUSINESS CREDIT IN MARITIME SERVICES States, who were listed on the arrival Miscellaneous Amendments Form 1-418, as members of the crew on AND ASSISTANCE the occasion of the vessel’s last arrival Chapter I— Small Business In the matter of amendment of Parts in the United States but who for any 0, 1, and 83 of the Commission’s rulesi to reason are not departing with the vessel, Administration implement the radio provisions of toe and for each such separated crewman [Amdt. 2] International Convention for the safety show his nationality, passport number, PART 121— SMALL BUSINESS SIZE of Life at Sea, London, 1960. specific port and date of separation, and At a session of the Federal Coimiuiu- the reasons for failure to depart. The STANDARDS cations Commission held at its offices w list required by paragraph (b) of this Definition of a Small Business for Pur­ Washington, D.C., on the 12th day section and this paragraph may be in­ pose of Government Procurements May 1965; .j corporated in a single Form 1-418, if The Commission having under consid­ space permits. The required lists need for Artificial Leather, Oilcloth, and eration the' above-captioned matter. not be submitted for Canadian or British Other Impregnated and , Coated It appearing, that the International citizen crewmen of Great Lakes vessels. Fabrics, Except Rubberized Convention for the Safety of Life at > 1960, which replaces and abrogates t (d) No changes in crew. When there On February 27, 1965, there was pub­ are no added and separated crewmen, as Safety Convention, 1948, was accep. lished in the F ederal R egister (30 F.R. by the United States of America on A described in this section, the Form 1-418 2614), a notice of proposal to amend the shall be endorsed with the notation “No gust 2, 1962, and will come into - definition of a small business manufac­ internationally, on May 26,1965, t chahges in nonresident alien crew upon turer for the purpose of bidding on Gov­ departure.” It further appéaring, that by Do ernment procurements for products No. 15034, published intheFEDERA REr § 251.4 Departure manifests and lists classified in SIC Industry 2295, Artificial ister on November 7, 1963 mitial for aircraft. leather, oilcloth, and other impregnated 11889), the Commission these (a) Bureau of Customs Form 7507 or and coated fabrics, except rubberized. amendments to Part 83¡toconf .fe. International Civil Aviation Organiza­ Under the proposed amendment, a rules with certain new technics, , tion’s General Declaration. The captain concern in this industry would be con­ ments of the Safety Conven > or agent of every aircraft departing from sidered as small if, together with its the United States for a foreign place or affiliates, its number of employees does anit further appearing, that JJg^®UC0f an outlying possession of the United not exceed 1,000 persons. as the balance of the new P which re- States, except an aircraft departing from Interested persons were given an op­ the Safety Convention, 19f0’ J f eS to be portunity to present their comments or late to (a) the titles of certificate^^ the United States directly to Canada on suggestions thereon to the Office of Eco­ a flight terminating in that country, issued under that c °^ye”t f ihe radio nomic Analysis within 30 days after the extension of applicability oi 300 shall submit to the immigration officer date of publication of the notice in the at the port from which such aircraft is to provisions thereof 5 * L»r,te F ederal R egister. After consideration gross tons, (c) the provisionof a g g 0„ depart on the Bureau of Customs Form of all relevant matters regarding the 7507 or on the International Civil Avia­ proposal, the amendment set forth below reserve transmitter in ins d up. tion Organization’s General Declaration is herby adopted. cargo ships of 1600 gross 19, a list of all crewmen on board, including The Small Business Size Standards wards made on or after rfiServe crewmen who arrived in the United Regulation (Revision 5) (30 F.R. 2247); Wednesday, M ay 19, 1965 FEDERAL REGISTER 6779 source of energy for radiotelephone sta­ Convention certificate in accordance with quirerhents applicable to cargo ships tions installed in cargo vessels on or after the terms of Regulations 12 and 13, carrying a radiotelephone station for the November 19, 1952, are treaty matters Chapter 1 of the Safety Convention, purpose of meeting such requirements. that have previously been accepted by should be submitted on FCC Form 801 (6) Exemption Certificate. A certifi­ the United States and will come into entitled “Application for Ship Radio In­ cate issued to a ship which is granted force on May 26, 1965, with regard to spection”. This form should be for­ partial, conditional, or complete exemp­ U.S. ships engaged on international warded to the Engineer in Charge of the tion from applicable provisions of the voyages, it is desirable to include these radio district office nearest the desired Safety Convention. provisions and related editorial and pro­ port of inspection (see § 0.121 of this * * * * * cedural amendments in Parts 0, 1, and chapter). 83 of the Commission’s rules; and * * * * * § 83.8 [Deleted] It further appearing, that certain of 3. Section 1.928, paragraph (b) is 2. Section 83.8 is deleted. the amendments adopted herein imple­ amended to read : 3. Section 83.49, paragraph (a) is ment the new and changed radio pro­ amended to read: § 1.928 Procedure with respect to ap­ visions of the Safety Convention, 1960, § 83.49 Application for exemption. by specific rules, and the remaining plications for ship radio inspection amendments are editorial and procedural or periodical survey. (a) Application for exemption from in nature, and hence compliance with the * * * * * the radio provisions of parts n or III of notice and effective date provisions of (b) Application for a Safety Conven­title in of the Communications Act of section 4 of the Administrative Proce­ tion certificate in accordance with the 1934, as amended, the Safety of Life at dure Act is unnecessary; and terms of Regulations 12 and 13, Chap­ Sea Convention, 1960, or the Great Lakes It further appearing, that the amend­ ter 1 of the Safety Convention. Radio Agreement, or for modification or ments adopted herein are issued pursu­ * * * He - * renewal of exemption previously granted, ant to authority contained in section shall be submitted by the vessel owner, 303 (r) of the Communications Act of 4. Section 1.929 is amended to read: the vessel’s operating agency, or the mas­ 1934, as amended: § 1.929 Application for exemption from ter of the vessel to the Secretary, Federal It is ordered, That effective May 26, compulsory ship radio requirements. Communications Commission, Washing­ 1965, Parts 0, 1, and 83 of the Commis­ Applications for exemption, filed under ton, D.C., 20554, on FCC Form 820. In sion’s rules are amended as set forth the provisions of sections 352 (b) or (c) cases of_emergency found by the Com­ below. and 383 of the Communications Act; mission, the Commission may consider Released: May 14,1965. Regulation 5, Chapter IV of the Safety an informal application which should in­ Convention; and Article 6 of the Great clude the full information normally fur­ F ederal Communications Lakes Radio Agreement, shall be sub­ nished on the formal application. Com m ission,. ' mitted on FCC Form 820 entitled “Ap­ * ♦ * * * [seal] B en F. W aple, plication for Exemption from Ship Radio 4. Section 83.441, paragraph (a) is Secretary. Station Requirements”. amended to read: A. Part 0, Commission Organization, is (Sec. 10(b), 50 Stat. 192, as amended, 47 § 83.441 Inspection of station. amended as follows : U.S.C. 352; and sec. 170 Stat. 1047, 47 U.S.C In § 0.332(b) the introductory text is 383) (a) Every ship of the United States amended, and subparagraph (5) (in­ subject to part II of title n i of the Com­ cluding subparagraphs (i) and (ii) ), is C. Part 83, Stations on Shipboard inmunications Act and/or the radio pro­ deleted: the Maritime Services, is amended as fol­ visions of the Safety Convention shall lows: have the equipment and apparatus pre­ § 0.332 Additional authority delegated. 1. Section 83.2, paragraphs (a) andscribed therein inspected at least once ***** (p) are amended to read: every 12 months. The issuance of an (b) Applications or requests for ex­§ 83.2 General. appropriate certificate (see section 361 emption, pursuant to the provisions of of the Communications Act) in behalf of sections 352(b) and 383 of the Communi­ (a) Safety Convention. The Inter­ any vessel of the United States concern­ cations Act; Regulation 4, Chapter 1 of national Convention for the Safety of ing the radio particulars provided for in Jhe Safety Convention; Regulation 5, Life at Sea, London, 1960, including the the Safety Convention is subject to a Chapter IV of the Safety Convention; Regulations annexed thereto. finding by the Commission that such ves­ Regulation 12(b), Chapter V of the Safe­ * * * * * sel complies with the applicable radio ty Convention; or Article 6 of the Great (p) Safety Convention Certificates— provisions of that Convention. The is­ hakes Radio Agreement : (1) Nuclear Passenger Ship Safety Cer­ suance date of Cargo Ship Safety Radio­ * * * * tificate. A certificate issued after in­ telegraphy Certificates and Cargo Ship (5) [Deleted] spection ^nd survey to a nuclear passen­ Safety Radiotelephony Certificates issued * * * ger ship which complies with the relevant by the Commission shall be the date the requirements of the Safety Convention. station is found to be in compliance or Pra°tice and Procedu (2) Passenger Ship Safety Certificate. not later than one business day following emended as follows: A certificate issued after inspection and such incompliance date. § 1*922 [Amended] survey to a passenger ship which com­ * * * * * plies with the relevant requirements of letLSS ^ 3L922 ^ amended b: the Safety Convention. 5. Section 83.442 is amended to read: the if with the technical radiotelephone re­ is amended: telegraph operating position, in all cases quirements of the Great Lakes Radio It is ordered, Effective May 24, 19 », where the distance between these points Agreement, comply with the radiotele­ hat §§ 1.525,1.580, and 1.594 of the rules is greater than 8 feet: Provided, That phone requirements of Regulations 14 if nractice and procedure are amende this requirement shall be applicable to and 15 of Chapter IV of the Safety of stations when the main or reserve radio­ Life at Sea Convention, 1960: Provided, telegraph transmitter is replaced or ini­ however, That: (Secs. 4, 303, 311, 48 Stat. 1066, 1082, 74 tially installed in such station on and (1) The vessel has on board a valid Stat. 892; 47 U.S.C. 154,303,311) after May 26,1965. Cargo Ship Safety Radiotelephony Cer­ leleased: May 14,1965. * * * * tificate; and F ederal Communications 8. Section 83.453, paragraph (b) is (2) The radiotelephone installation is Commission, equipped to transmit and receive on the amended to read : seal] B en F. W aple, frequencies 2003 kc/s and 2182 kc/s. Secretary. . § 83.453 Radiotelegraph auto alarm. , 12. Section 83.557 is amended by re­ . Section 1.525(b)(2) is amended to * * * * * vising the footnote to the table in para­ (b) The following radiotelegraph auto graph (b) (1) and the footnote to the das follows: alarms are acceptable for use pursuant to table in paragraph (c) (2) to read: ,525 A greem ents between parUeSffor § 83.205: amendment or dismisisal » ^ica- (1) A radiotelegraph auto alarm that § 83.557 Requirements for survival craft ure to prosecute broadcast PP was type approved by the Commission portable radio equipment. tions. prior to January 1, 1954, and installed * * * * * prior to May 26,1965, is acceptable until (b) (1) * * * May 26, 1969. All radiotelegraph' auto 1 In the case of equipment type approved ) Upon release of an ojdj* ^ alarm type approvals dated prior to Jan­ prior to May 26, 1965, the power output may laragraph (1) of thisparag^ ’ u. uary 1, 1954, are canceled as of May 26, be 1.7 watts into an artificial antenna of 10 y proposing to withdra ^ a 1969. ohms resistance and 75 picofarads capaci­ rn sha.il cause to be Pu,?lis , (2) A radiotelegraph auto alarm that tance. was type approved by the Commission Wednesday, M ay 19, 1965 FEDERAL REGISTER 6781 least twice a week for 2 consecutive weeks proposed to be located, notice shall be Commission’s order specifying the time within the 3-week period immediately published at least twice a week for 2 and place of the commencement of the following release of the Commission’s consecutive weeks within the 3-week hearing, in a daily newspaper of general order, in a daily newspaper of general period immediately following the tender­ circulation published in the community circulation published in the community ing for filing of such application or in which the station is located or pro­ in which it was proposed to locate the amendment, or at least twice a week for posed to be located: Provided, however, station: Provided, however, That if there the 2 consecutive weeks within the 3- That if there is no such daily newspaper is no such daily newspaper published week period immediately following published in the community, the notice in the community, the notice shall be notification by the Commission pursu­ shall be published as follows: published as follows: ant to § 1.571, § 1.572, § 1.573, or § 1.578, (1) If one or more weekly newspapers (i) If one or more weekly newspapers in the daily newspaper having the great­ of general circulation are published in of general circulation are published in est general circulation in the community the community in which the station is the community in which the station was in which the station is located or pro­ located or proposed to be located, notice proposed to be located, notice shall be posed to be located: shall be published in such a weekly news­ published in such a weekly newspaper And provided further: That in the case paper once a week for 3 consecutive weeks once a week for 3 consecutive weeks of. an application for a permit pursuant within the 4-week period immediately within the 4-week period immediately to section 325(b) of the Communications following the release of the Commission’s following the release of the Commission’s Act, the notice shall be published at least order specifying the time and place of order. twice a week for 2 consecutive weeks the commencement of the hearing; (ii) If no weekly newspaper of general within the 3-week period immediately (2) If no weekly newspaper of general circulation is published in the commu­ following the tendering for filing of such circulation is published in the community nity in which the station was proposed to application, or at least twice a week for in which the station is located or pro­ be located, notice shall be published at 2 consecutive weeks within the 3-week posed to be located, notice shall be pub­ least twice a week for 2 consecutive weeks period immediately following notifica­ lished at least twice a week for 2 con­ within the 3-week period immediately tion by the Commission pursuant to secutive weeks within the 3-week period following the release of the Commission’s § 1.571, § 1.572, § 1.573, or § 1.578, in a immediately following the release of the order in the daily newspaper having the daily newspaper of general circulation in Commission’s order specifying the time greatest general circulation in the Com­ the largest city in the principal area to and place of the commencement of the munity in which the station was proposed be served in the United States by the hearing in the daily newspaper having to be located. foreign radio broadcast station: the greatest general circulation in the ***** community in which the station is lo­ And provided further, That in the case cated or proposed to be located : 2. Section 1.580(c), and that portion of an application for change in the loca­ And provided further, That in the case of (d) preceding subparagraph (1), are tion of a station, the notice shall be pub­ amended to read as follows : of an application for a permit pursuant lished both in the community in which to section 325(b) of the Communications 1.580 Local notice of filing; public the station is located and in the commu­ Act, the notice shall be published at notice of acceptance for filing; peti­ nity in which the station is proposed to least twice a week for 2 consecutive weeks tions to deny. be located. within the 3-week period immediately (d) If the application seeks modifica­following release of the Commission’s (c) Except as otherwise provided in tion, assignment, transfer, or renewal order specifying the time and place of paragraph (e) of this section, an appli­ of an operating broadcast station (except the commencement of the hearing in a cant filing any application or an amend­ for applications for stations in the inter­ daily newspaper of general circulation ment thereto which is subject to the pro­ national broadcast service and for tele­ in the largest city in the principal area visions of this section (except for appli­ vision translator stations), the applicant to be served in the United States by the cations for stations in the international shall, in addition to publishing a notice foreign radio broadcast station: broadcast service and for television of such filing as provided in paragraph translator stations) shall cause to be (c) of this section, cause the same notice And provided further, That in the case published a notice of such filing as fol­ to be broadcast over that station at least of an application for change in the lo­ lows: Notice shall be published at least once daily on 4 days in the second week cation of a station, the notice shall be twice a week for 2 consecutive weeks immediately following the tendering for published both in the community in within the 3-week period immediately filing of such application, or in the sec­ which the station is located and in the following the tendering for filing of such ond week immediately following noti­ community in which the station is pro­ application or amendment, or at least fication by the Commission1 pursuant to posed to be located. twice a week for 2 consecutive weeks §1.571, § 1.572, § 1.573, or § 1.578. In (b) When an application which is sub­ within the 3-week period immediately the case of television broadcast stations ject to the provisions of § 1.580 and following notification by the Commission and noncommercial educational televi­ which seeks modification, assignment, Pursuant to § 1.571, § 1.572, § 1.573, or sion broadcast stations, such notice shall transfer, or renewal of an operating § 1.578, in a daily newspaper of general be broadcast orally with camera focused broadcast station is designated for hear­ circulation published in the community on the announcer. The notice required ing (except for applications for stations in which the station is located or pro­ by this paragraph shall be broadcast dur­ in the international broadcast service posed to be located:. Provided, however, ing the following periods: and for television translator stations), That if there is no such daily newspaper * * * * * the applicant shall, in addition to pub­ lishing a notice of such designation as Published in the community, the notice 3. Section 1.594(a), and that portion shall be published as follows: provided in paragraph (a) of this section, of (b) preceding subparagraph (1), are cause the same notice to be broadcast (1) If one or more weekly newspapers amended to read as follows: oi general circulation are published in over that station at least once daily on ine community in which the station is § 1.594 Local notice of designation for 4 days in the second week immediately ^ or Proposed to be located, notice hearing. N following the release of the Commission’s nail be published in such a weekly news- (a) Except as otherwise provided in order specifying the time and place of paper once a week for 3 consecutive weeks paragraph (c) of this section, when an the commencement of the hearing. In f„ii • 4-week period immediately application subject to the provisions of the case of television broadcast stations ouowing the tendering for filing of such § 1.580 (except for applications for sta­ and noncommercial educational tele­ application or amendment, or once a tions in the international broadcast serv­ vision broadcast stations, such notice ees for 3 consecutive weeks within the ice and for television translator stations) shall be broadcast orally with camera ¿ P S Peri°d immediately following no- is designated for hearing, the applicant focused on the announcer. The notice nation by the Commission pursuant to shall cause to be published a notice of required by this paragraph shall be * 1:” 1> § 1-572, § 1.573, or § 1.578. such designation as follows: Notice shall broadcast during the following periods: pir i ^ no ,weekly newspaper of general be published at least twice a week, for 2 * * * * * nit?U- '°n .*s Polished in the commu- consecutive weeks within the 3-week pe­ [F.R. Doc. 65-5261; Filed, May 18, 1965; y in which the station is located or riod immediately following release of the 8:48 a.m.] DEPARTMENT OF AGRICULTURE [ 7 CFR Part 993 ] per day, and the payment of alternate [Docket No. AO 201-A5] members’ expenses when authorized by Consumer and Marketing Service the committee; DRIED PRUNES PRODUCED IN (4) The requiring of statements of the 17 CFR Part 33 ] CALIFORNIA committee’s financial operations on re­ EXPORT APPLES AND PEARS serve primes; Notice of Recommended Decision and (5) The application of a minimum Notice of Proposed Rule Making Opportunity To File Written Excep­ size limitation to French prunes disposed Notice is hereby given that the Depart­ tions With Respect to Proposed of for human consumption as prunes; ment is considering the proposed amend­ Amendment of Marketing Agree­ (6) The need, authority, and method ment of the regulations (7 CFR Part 33), ment, as Amended, and Order, as for volume regulation, and the enlarge­ as hereinafter set forth, effective pursu­ Amended ment of marketing policy requirements; ant to the provisions of the Export Apple (7) The need, authority, and methods and Pear Act, as amended (48 Stat. 123; Pursuant to the applicable rules of for optional diversion of prune plums by 7 U.S.C. 581-589) , and the authority set practice and procedure governing pro­ producers; forth in section 7, 48 Stat. 124; 7 U.S.C. ceedings to formulate marketing agree­ (8) The prunes on which assessments 587. ments and marketing orders (7 GFR Part should be levied; and All persons who desire to submit writ­ 900), notice is hereby given of the filing (9) The making of such changes in ten data, views, or arguments in connec­ with the Hearing Clerk, United States the order as are necessary to bring the tion with the aforesaid proposal shall Department of Agriculture, of this rec­ entire order, as proposed to be amended, file the same, in quadruplicate, with the ommended decision with respect to pro­ into conformity with the amendatory Hearing Clerk, United States Depart­ posed amendment of the marketing action resulting from the hearing. ment of Agriculture, Room 112 Admin­ agreement, as amended, and this part Findings and, conclusions. The find­ istration Building, Washington, D.C., (Order No. 993, as amended), regulat­ ings and conclusions on the aforemen­ 20250, not later than the 30th day after ing the handling of dried prunes pro­ tioned material issues, all of which are the publication of this notice in the F ed­ duced in California (hereinafter collec­ based on the evidence adduced at the eral R egister. All written submissions tively referred to as the “order”) . The hearing and the record thereof, are as made pursuant to this notice will be order is effective pursuant to the provi­ follows : made available for public inspection at sions of the Agricultural Marketing ( 1 ) The term “handle,” now defined in the office of the Hearing Clerk during Agreement Act of 1937, as amended (secs. § 993.13, specifies those functions which, regular business hours (7 CFR 1.27(b)). 1-19, 48 Stat. 31, as amended; 7 U.S.C. when performed with respect to prunes, The proposed amendment would (1) 601-674), hereinafter referred to as the make a person a handler and thereby increase from 25 to 100 boxes the exempt “act”, and any amendment which may subject him to the provisions of the quantity of apples or pears that may be result from this proceeding also will be order. It was proposed in the notice of shipped by an exporter on a single con­ effective pursuant to the act. hearing to consider any need to revise veyance to any foreign country, and (2) Interested persons may file written ex­ the definition in view of th e proposed permit shipment to Mexico of pears in ceptions to this recommended decision addition to the order of provisions for less than carload lots (400 boxes), pro­ with the Hearing Clerk, United States volume regulation. The record does not viding that not mofe than one such lot Department of Agriculture, Room 112, show any need to revise th e definition. may be shipped by any shipper to any Administration Building, Washington, It does show, however, th a t the term one consignee or receiver on the same D.C., 20250, not later.than the close of should continue to apply with respect to conveyance. business on the 12th day after publica­ prunes on which the specified functions The proposed amendment is aafollows: tion of this recommended decision in the of handling are performed, including Revise paragraph (a) of § 33.12 Ap­ F ederal R egister. Exceptions should be salable and reserve prunes in the event oi ples and pears not subject to regulation filed in quadruplicate. All written sub­ volume regulation. This is necessary so that after such revision the preamble missions made pursuant to this notice to permit order operations and to effect of such section and paragraph (a) pro­ will be made available for public inspec­ ndler compliance. . vide as follows: tion at the office of the Hearing Clerk A new section, § 993.21a, should o during regular business hours (7 CFR ded to the order to define the term § 33.12 Apples and pears not subject to 1.27(b)). roper storage” to mean storage of sue regulation. Preliminary statement. The public aracter as will maintain prunes in th Except as otherwise provided in this hearing on the record of which the pro­ ne condition as when received oy section, any person may, without regard posed amendment is formulated was held ndler, except for normal and natural to the provisions of this part, ship or offer in San Francisco, California, on March terioration and shrinkage. Thes n for shipment, and any carrier may, with­ 15 and 16, 1965. Notice of the hearing : defining the term stems from the - out regard to the provisions of this part, was published in the F ederal R egister irement in new § 993.57 for banm transport or receive for transportation to on February 24, 1965 (30 F.R. 2601). hold reserve prunes in proper storage any foreign destination: The proposals in the notice of hearing • the account of the committee, (a) A quantity of apples or pears to were submitted by the Prune Administra­ scify storage of such character as any foreign country not exceeding a total tive Committee (hereinafter referred to ep the prunes in the same conditi of 5,000 pounds gross weight or 100 boxes as the “committee”) , the agency estab­ ten received is necessary to prot of apples or pears packed in standard lished pursuant to the order to admin­ Lue of the pooled prunes for the P boxes on a single conveyance: Provided, ister the terms and provisions thereof. is beneficially interested tnereu. That pears may be shipped to Venezuela Material issues. The material issues ►wever, in the course of storing P ’ or Mexico in less than carload lots not presented on the record of the hearing e to their semi-perishable » exceeding one such lot to any one con­ involve amendatory action relating to: ne deterioration and shrinkage signee or receiver on a single conveyance. (1) The defining of the terms “han­ 3 handler’s control norm ally ♦ * * * * dle,” “proper storage,” “domestic trade turally occurs even in J;?0 fnrP20ing Dated: May 14, 1965. demand,” “foreign trade demand,” “sal­ jilities and conditions. The . able prunes,” and “reserve prunes” ; ception in the definition » * A rthur E. B row ne, (2) The modification of the commit­ joghition of this nomal occ ^ Acting Director, Fruit and Vege­ tee’s voting procedures to require at least A new section, § 993.21D ^ table Division, Consumer and 14 affirmative votes for committee deci­ Marketing Service. sions on important matters ; md, should be added to»theso d [F.R. Doc. 65-5271; Filed, May 18, 1965; (3) The deletion of the requirement “ mend”. 8:49 a.m.] that committee members shall receive $10 6782 Wednesday, M ay 19, 1965 FEDERAL REGISTER 6783 The first term should be defined to mean, have greater economic impact on pro­ tendance while performing specific tasks the quantity of prunes which the com­ ducers and handlers in the years ahead. as members of subcommittees. So that mercial trade will acquire from all han­ Moreover, committee decisions on volume alternates’ expenses (when not acting as dlers during a crop year for distribution regulation and prune plum diversion members) are paid only when they per­ in domestic markets for human con­ would be of particular importance to the form duties under the order and serve sumption as prunes and prune products. industry. Committee decisions on the useful purposes to the industry, such pay­ The second term should be defined to implementation of volume regulation and ment should be made only when author­ mean the quantity of prunes which the prune plum diversion could have as an ized by the committee,- The evidence of commercial trade will acquire from all important effect on the industry as do record is that as the committee gains handlers during a crop year for distribu­ its decisions and recommendations on experience with the use of this authori­ tion in other than domestic markets marketing policy, volume percentages zation, it will include in its bylaws specific for human consumption as prunes and and on whether to recommend to the conditions under which it will authorize prune products. The term “domestic” Secretary that prime plum diversion be payment of alternate expenses. is presently defined in § 993.21 to mean operative. This implementation would (4) In § 993.36 paragraphs (i), (j), the United States, Canal Zone, Puerto include committee decisions and recom­ (k), (1) , and (m) should be relettered as Rico, Virgin Islands, and Canada. The mendations on such matters as rules and (j), (k), (1), (m), and (n), respectively, two terms thus serve to distinguish be­ procedures on volume regulation and and a new paragraph (i) should be in­ tween the two geographical market prune plum diversion, and the delegation, serted to provide, as one of the commit­ areas, domestic and foreign, historically either to subcommittees or to the com­ tee’s duties, that it shall prepare and considered by the prune industry as gen­ mittee management, of authority to Work submit to the Secretary annually, as soon erally differing from one another as to out details and to perform functions on as practicable after the end of each crop marketing practices and terms and con­ reserve prune management and diversion year and at such other times as the com­ ditions of sales. operations. The evidence of record is mittee may deem appropriate or as the A new section, § 993.21c, should be all these matters should be subject to a Secretary may request, a statement of added to th e order to define the term 14-vote requirement, and that whenever the committee’s financial operations with “salable pru n es” to mean those prunes more than one-third of the industry is respect to reserve prunes for such crop which are free to be handled pursuant in opposition on these important matters, year and to make such statements avail­ to any salable percentage established by the item under consideration should be able at the offices of the committee for the Secretary pursuant to § 993.54, or, if deemed to have inadequate support. The inspection by producers, dehydrators, a reserve percentage of zero is estab­ revision of the proviso should provide and handlers. Good business practice lished for a crop year, all prunes received that 14-vote requirement also apply to dictates the need to require the commit­ by handlers from producers and dehy­ committee decisions when voting is con­ tee to make financial statements of its drators during that year: Another new ducted by mail or telegram on any of reserve prune operations. Submission of section, § 993.2 Id, should be added to the foregoing matters so as to be con­ the statements to the Secretary would the order to define the term “reserve sistent with the voting requirement to be provide opportunity for supervision. prunes” to mean those prunes which applied in committee meetings. As a The making of the statements available must be w ith h eld in satisfaction of a conforming change in this regard, the to producers, dehydrators, and handlers reserve obligation arising from the ap­ last sentence of § 993.33 should be would provide interested persons with plication of a reserve percentage estab­ amended by placing a period after the needed information. Reserve prune ac­ lished by th e Secretary pursuant to word “adoption” and deleting the re­ tivity may be sporadic, with periods of §993.54. T he two terms should be de­ mainder of the sentence. inactivity interspersed throughout the fined for use in the proposed volume (3) Section 993.34 should be revised tocrop year. Hence, the order should not provisions an d the regulations which provide that the members of the com­ require the statement monthly but should cause prunes to fall into one of the two mittee, and alternates when acting as require the statement annually as soon categories d uring a crop year on the basis members, or when alternates' expenses as practicable after the close of the crop of salable and reserve percentages. The are authorized by the committee, shall year if any such activity occurs that year, definition of the term; “salable prunes” serve without compensation but shall be and at any other times as may be speci­ should prescribe that all prunes received allowed their expenses. This section now fied by the committee or the Secretary. by handlers from producers and dehy­ provides that the members of the com­ So that monthly statements of financial drators during a crop year comprise mittee, and their alternates when acting operations of reserve tonnage will not be salable prunes if a reserve percentage of as members, shall receive $10 per day for required by the order, “exclusive of re­ zero is established for a crop year be­ each day devoted to performing their serve prune operations,” should be in­ cause salable prunes will constitute the duties under the order, plus their rea­ serted immediately after “the financial tonnage basis on which assessments will sonably necessary expensès. operations of the committee” in para­ be levied w hether or not volume regula­ The provision for compensation of $10 graph (h) of § 993.36, tion is in effect. per day should be deleted because it is (5) Paragraph (d) of §993.50 pro­ (2) The proviso in § 993.33 should be indicated that producers and handlers hibits handlers from shipping or other­ revised to require that committee deci­ are sufficiently public spirited to be will­ wise making final disposition of any lot sions on marketing policy, grade or size ing to serve without this compensation of consumer packages of French prunes emulations, pack specifications, salable and thus avoid the cost to the industry unless the average count of such prunes ana reserve percentages, and on any which such compensation entails. How­ contained in such lot is 100 or less per atters pertaining to the control or dis­ ever, members of the committee, and pound. Said paragraph (d) should be position of reserve prunes or to prune alternates acting as members, should amended so as to extend this minimum ^ diversion, including any delegation continue to be allowed their expenses size requirement to apply to handler ^ authority to act on such matters and as is done in other programs of this type. shipment or disposition of any lot of . J Commendations of rules and pro-. Occasions arise when alternates, even French prunes for human consumption with respect to such matters, though not acting as members, should as prunes, regardless of the type of con­ bvm any sucl1 decision arrived at be allowed their expenses. For example, tainer in the lot. This minimum size 14 a« or telegram, shall require at least some committee meetings, such as those requirement also should be extended, as 21 ®relative votes (two-thirds of the dealing with annual marketing policy, discussed hereinafter, to French prunes nr~ committee). The proviso may be of such importance that both used in certain lots of mixed dried fruit sinn* ly prov*des that committee deci- members and alternates are justified in -for human consumption as such. rpfmiQV1 marketing policy, grade or size ' Despite the present requirement, a attending. The contributions of alter­ small volume of French prunes averag­ renniv!10Iis’, or pack specifications shall nates to such meetings, the information mainr-ff a^'.1®ast 11 affirmative votes (a ing in count more than 100 per pound With 21“member committee), they derive from attendance, and the reaches consumers by shipment in bulk Prunpc ?^ospec^ °f larger productions of orientation they can then provide other containers for sale at retail in bulk or as recent ^ an the average production of producers or handlers can be of real a repackaged item. This is an undesir­ markpti^ars’,. committee decisions on value to the industry. Payment of al­ able situation because these small size tions^r L ? ^ cy’ .grade or size regula- ternates’ expenses should be authorized French prunes are generally unsuitable > Pack specifications are likely to for the further purpose of permitting at- for human consumption as prunes 6784 PROPOSED RULE MAKING whether in consumer packages or other cessive market offerings of prunes im­ harvesting season. Hence, this proposal containers. In general, French prunes mediately following the harvesting sea­ is not recommended for adoption. smaller than 100 count have less sugar, son, price cutting by the industry, par­ In the marketing policy provisions of possess less desirable flavor and texture, ticularly in the export market, has been the notice of hearing, it was proposed and are less mature than larger prunes. harmful to buyer confidence, prune dis­ that the order provide a choice of con­ The smallness of such prunes is a defi­ appearance and price stability. The trolling reserve prunes either by a pro­ nite factor of quality and maturity. It estimated season average price to pro­ ducer pool or by a handler pool. It was is neither in the interest of the public nor ducers for 1964 crop prunes descended further proposed that the committee the prune industry that such prunes be to approximately 60 percent of the parity annually recommend its choice at its offered for consumption as prunes. price with the prospect of a larger than marketing policy meeting. Then, at the Hence, the minimum size requirement, as normal carryout at the end of the 1964- time of the establishment of the salable proposed to be extended, should be in 65 crop year. Barring unforeseen cir­ and reserve percentages, the Secretary effect irrespective of whether the esti­ cumstances, such as unfavorable weather would be required to specify whether re­ mated season average price to producers conditions, the prospective supply and serve prunes were to be controlled by a for prunes is in excess of parity. demand situation for prunes is such that producer pool or a handler pool. The mihimum size requirement also prune prices are likely to continue to Specific provisions for each type of should be extended to any lot of con­ average considerably below parity for pooling were set forth in the notice of tainers holding 10 pounds or more of a number of years. hearing. A producer pool is described French prunes and other dried fruit if The hearing evidence is that, under the as one where the reserve percentage is more than 60 percent of the net weight prospective conditions stated, the de­ applied to the prunes received by each of mixed dried fruit in the lot consists mand for prunes and total returns to pro­ handler from each producer and de­ of French prunes. This should be done ducers could be increased by (1) with­ hydrator, the committee sells the reserve for the same reasons as hereinabove holding from commercial trade channels prunes, collects the proceeds, and dis­ stated. “Consumer package” as defined in a reserve pool the quantity of prunes tributes the net proceeds to equity hold­ in § 993.22 includes any container hold­ necessary to protect against errors of ers ¿primarily producers). A handler ing less than 10 pounds of prunes and estimation and permit orderly marketing poolis described as one where the reserve other dried fruit only if more than 60 of the supply, (2) restricting the volume percentage is applied to each handler’s ( percent of the net weight of mixed dried of prunes which may be freely marketed total receipts of prunes from producers fruit in the lot consists of prunes. How­ by handlers (salable prunes), (3) releas­ and dehydrators, the handler is per­ ever, a pack of mixed dried fruit so ing from the reserve pool, from time to mitted to dispose of reserve primes pur­ heavily weighted to prunes is uncommon. time, as needed for use in export or do­ suant to an agency arrangement with the The existing minimum size requirement mestic trade channels, or both, that por­ committee, and the handler receives the for French primes is applicable to the tion of the withheld reserve prunes proceeds. Distribution of the proceeds French prunes in such a pack to prevent needed to meet the demand for prunes by the handler then depends upon the handlers from circumventing the require­ not supplied by salable prunes, and (4) individual arrangement between handler ment by increasing the percentage of disposing of any reserve prunes, in ex­ and producer. prunes in the total weight of the mixed cess of domestic and foreign trade de­ Under the proposed plan for the con­ dried fruit to more than 60 percent but mand and any salable and reserve carry­ trol and disposition of reserve prunes, all less than 100 percent. Recognized packs over needs, in outlets noncompetitive or a large portion of these prunes would of mixed dried fruit normally have less with normal outlets for salable prunes. be disposed of in commercial trade chan­ than 60 percent of dried prunes in the Under this plan, the industry could nels for export or domestic use. It is total weight of the mixture. The mini­ feed prunes into commercial trade chan­ important therefore that the reserve mum size requirement is not applied to nels at rates corresponding with the prunes so used be of suitable grade and prunes in these recognized packs due to ability of markets to take the prunes at size for the particular use. However, no the difficulty of obtaining sufficient stable or reasonably advancing prices. requirement was set forth in the notice primes from the low proportion packs to Such orderly marketing gives buyers con­ of hearing to compel this specifically. In make the inspection tests. fidence and enhances demand for the the absence of such requirement, the re­ The French prunes averaging smaller commodity and its products. The plan sult could be that prunes of the least than 100 count would be substandard would encourage further stability in the value from the standpoint of quality ana prunes for shipment or other disposition. marketing of prunes by permitting re­ size would be placed in the reserve poo • Therefore, their handling should con­ serve prunes to be carried over from one This could tend to defeat the objective tinue to be governed by the provisions year to supplement any short crop which of volume regulation to expand marKets of present paragraph (e) of § 993.50. may occur in the following year. ' for prunes, by starving certain outlets Such prunes, to the extent they meet So as to safeguard against harmful an d . leaving an excess in others. Re­ applicable minimum grade standards, price cutting in export, it would be possi­ garding the producer pool arrangeme , may be used in human food products ble to implement the plan, if deemed nec­ the evidence of record shows the neea such as prune juice or other prune prod­ essary, by requiring prunes for export to to apply the reserve percentage in a man­ ucts wherein the primes lose their form be sold at not less than specified mini­ ner which would cause an “across- and character as prunes by conversion mum prices. Another means of imple­ board” setaside, that is, to cause a w prior to consumption. mentation would be to make it possible holding approximating the average ma- (6) During the six-year period 1958-for prunes for export to any or all coun­ ketable content of the n a tu ra l condiMQ 63, the annual production of California tries to be sold at prices lower than do­ prunes received by each handler dried prunes averaged only 132,200 tons mestic prices for prunes. This could be each producerlUUUUCI axiuand dehydrator.---- I . and the season average price to pro­ done if necessary to compete to better way, a producer who delivers P™?® ducers for this commodity ranged from advantage in the world market for dried a handler would make the same con 78 to 150 percent of the parity price; prunes and thereby increase exports, and tion to the pool atriReceive thes^me Plantings of prune trees continued. An if it could be found that to do so would return from the pool as a producer vr upward trend in bearing acreage devel­ tend to effectuate the declared policy of delivers/laitimrc prunesnninps of identical quahandler. ’ oped so that the prospect for some time the act. quality, and size to another _ , is for a much higher annual average At the hearing it was proposed, as one This proposal is recommended for production than the annual average of alternative means of volume regulation, tion and should be included the 1958-63 period. The relatively small that only that portion of the July esti­ § 993.56. Several methods of ngdis. supply and high prices for prunes during mated prune supply in excess of the total “across-the-board” setaside rec. that period contributed materially to a anticipated commercial demand, includ­ cussed at the hearing but noIf . ^ ¿m- curtailment of both domestic and export ing a désirable carryout, be placed in ommended over the others a the demand for prunes. The situation came the reserve pool. This proposal is in­ mittee desired more ^ me method to a head in 1964 when 180,000 tons of consistent with the authorized concept matter and to include the sp1c^ J es. prunes wfere produced. In these circum­ of reserve control which is to correct the later chosen in the rules and procedme stances of prune demand and supply price weakness caused by excessive mar­ This should be done as the mem ,f without volume controls, including ex­ ket offerings immediately following the chosen could be more easily cha g 'Wednesday, M ay 19, 1965 FEDERAL REGISTER 6785 experience requires change, than if in­ effective policy will be developed to quantity of prunes to be withheld as re­ cluded in the order. facilitate operation of the program. serve prunes so as to protect against The “across-the-board” pooling con­ The estimated carryover of salable errors of estimation and permit orderly cept was not proposed in connection With prunes as of August 1, the beginning of marketing of the supply. If the adjust­ a handler pool. The handler’s reserve the crop year, should be included in the ments inherent in this estimate were obligation would be only a tonnage obli­ report. This is part of the available not made, the preceding estimates would gation and the reserve proceeds which prune supply. It is one of the. factors lead to the Conclusion that the quantity he would return to producers would de­ determining whether volume regulation of reserve prunes should be only that pend on his contractual agreements with is needed and, if so, would enter into the portion of the supply in excess of domes­ them. Hence, producers’ contributions computation of the salable and reserve tic and foreign trade demand and a to a handler pool and their net returns percentages. desirable carryout. However, such quan­ could vary even though their deliveries The report also should include the esti­ tity would not be sufficient to protect of prunes were identical in all aspects. mated Carryover of reserve prunes as of against the possibility of too large a A producer pool operated in terms of August 1. This factor would not enter quantity of salable prunes caused either prune quality and sizes pooled so that into the computation of volume per­ by underestimation of the production or existing prune and prune product outlets centages as the reserve prunes held by overestimation of trade demand. If the are maintained and expanded could handlers for the account of the commit­ quantity of salable prunes were too large, present better equity to both handlers tee would be the result of prior volume a weak marketing situation would de­ and producers than a handler pool. regulation. However, this would show velop. Hence, the estimated quantity of Handlers would be expected to more the estimated quantity of prunes which reserve prunes to be withheld should be aggressively compete for and price the could be used to supplement a short crop, increased in appropriate amount to pro­ salable tonnage as they would have or be a factor in determining the quan­ tect against errors of estimation. More­ fewer options in terms of access to the tity of prune plums desirable to be over, one of the needs for reserve control reserve. Producers would look to the diverted or the quantity of reserve prunes is to prevent price instability or weak­ committee for payment on pooled ton­ which should be disposed of in outlets ness caused by excessive market offer­ nage instead of relying on handlers to noncompetitive with normal outlets for ings immediately following the harvesting earn and return at least the industry salable prunes. season. Therefore, appropriate increase wide average. The grade and size composition of the in the estimated quantity of reserve A handler pool is not as essential in salable and reserve carryovers should be prunes to be withheld should be made to the prune industry as in a program for taken into account by the committee and prevent such excessive offerings of sala­ a commodity which has no outlets for included in the report since the demand ble prunes and the consequent price fluc­ excess production and the committee is for the different grades and sizes of tuations and weakness. These protective in a poor position to develop outlets. prunes varies according to prune outlets additions to the reserve would have the The prune industry has existing export and the supply of a particular grade and effect of initially reducing the salable markets for prunes and domestic mar­ size affects the price thereof. supply below probable requirements and kets for prunes and prune products and Another factor for inclusion in the re­ hence would permit reserve prunes to be needs orderly marketing conditions to port should be the quantity of primes to released later from time to time for use enlarge these outlets. Handlers can be be produced Without regard to possible in domestic or export outlets, or both, as expected to be actively interested in ob­ diversions of prune plums by producers. market conditions warrant. taining a substantial quantity of reserve Information regarding the total prospec­ The committee’s recommended salable prunes from a producer pool for main­ tive prune production is crucial for wise and reserve percentages, based on the taining and expanding outlets, particu­ decisions regarding the extent of grade; preceding estimates, should be included larly if profitable trading conditions are size, and volume regulation, and pro­ in the report so that the Secretary can established. Thus a producer pool is a ducer diversion of prune plums because take action thereon. In order to achieve feasible means of marketing reserve production as part of the supply affects the objectives of volume regulation, the Prunes and has the further merit of pro­ prices and producer income. The esti­ reserve percentage, for example, could viding more equitable buying conditions mate of the prune production should in­ be computed as follows: (1) Add the sal­ for handlers and returns to producers. clude the equivalent dried weight of the able carryover to the estimated produc­ In view of theToregoing, the proposal quantity of prune plums likely to be di­ tion to obtain the estimated supply; (2) for the option of a handler pool and verted by producers because those prune subtract from the estimated supply the Provisions relative thereto are not plums would be included in early crop sum of domestic trade demand, foreign recommended for adoption. estimates and the salable and reserve trade demand, and the desirable carry­ a w0n 993.41 on marketing policy percentages would be applied to the out of salable prunes to obtain the unad­ snould be revised in view of the pro- prunes received by handlers plus the di­ justed quantity of reserve prunes for anfu ^.^ftion to the order of provisions verted tonnage. withholding; (3) adjust this quantity up­ uthonzing volume regulation and pro- The report should include the commit­ ward in accordance with the preceding u£®r ^version of prime plums, tee’s estimates of the domestic trade de­ paragraph; and (4) divide the adjusted tin« 6 j e ^or the committee’s prepara- mand by uses of prunes and of foreign quantity desired to be withheld as re­ ito a , sufrfrhssibn to the Secretary of trade demand by countries or groups of serve prunes by the estimated production r w a? eting P°licy report should be countries. These estimates are basic for and multiply the result by 100 to obtain cnanged from “Prior to the fourth Tues- determining the total trade demand and the reserve percentage, rounding the per­ fnnJi July” t° “Oh or before the the extent of volume regulation needed, centage to the nearest whole number. Of each July” so as to if any, so as to achieve orderly market­ The salable percentage is obtained by ■ committee one additional day ing and the best possible producer re­ subtracting the reserve percentage from mi a?id include in its report “last turns consistent wife marketing condi­ 100 percent. atirm 6 J^OHoation on the prune sitU- tions. The committee should estimate and imrw^o^i additional time could be The desirable carryout of salable include in its report the quantity, if any, of ^ adequacy and accuracy prunes at fee end of the ensuing crop of prune plums, dried weight basis, de­ of tvfflreport esPecially when estimates year should be estimated by the commit­ sirable to be diverted by producers. This latpst Prospective situation based on would give the Secretary a basis for act­ tee and included in the report. Since ing on the committee’s recommendation PrP5^ ° rma.ti.on are changing daily, the salable carryover (as carryin) is giving ¡provisions on modification and brought into the available supply for and would provide the industry with in­ ad SehtSi6 ? marketing policy require computing the salable and reserve per­ formation on which to conduct its oper­ items change. Neither do certain centages, the tonnage desired to be car­ ations.- After making the supply and de­ considp^ 0*!^-116 committee is required to ried out at the end of the crop year mand estimates, the committee would be insider and indude in its report. How­ should be included in demand consider­ in a position to estimate whether the to Prtr.c.-j ccfUfmttee should be required ations. estimated supply of prunes is in excess of numhpvde*r anc! .include in its report a The committee should estimate and trade demand and carryover require­ of additional items so that an include in its marketing policy report the ments and, if so, whether producers could No. 96---- 4 6786 PROPOSED RULE MAKING effect a saving by diverting prune plums be included as aforesaid because the producers and dehydrators, as the diver­ instead of delivering them to handlers in equivalent dried weight of any prune sion weight would have been included in the form of dried prunes for disposition plums diverted would have been included the estimated, prune production upon in low-return, noncompetitive outlets. in the estimated prune production upon Which the computation of the reserve The marketing policy report should in­ which the computation of the percent­ percentage was based. To do otherwise clude any recommended change in grade ages was based. However, as discussed would distort the salable-reserve bal­ or size regulation or pack specifications in connection with new § 993.56, the ance sought. so that the industry would be given no­ weight of prunes should not include the In considering the proper applica­ tice of the proposed change and the Sec­ weight obligation which must be diverted tion of the salable and reserve percent­ retary could take action on it in time for to nonhuman consumption pursuant to ages and their consequences to han­ the coming crop. § 993.49(c). dlers and producers* three alternatives In addition, the report should include New § 993.54 should further provide were explored: (1) Deducting from han­ information on the current prices for that a cooperative marketing association dler receipts, prior to application of the prunes and the trend and level of con­ may concentrate the prunes of its pro­ percentages, the weight of prunes which sumer-income. Knowledge of these fac­ ducer members before applying the sal­ must be disposed of by handlers to non­ tors would contribute to the determina­ able and reserve percentages. This human consumption outlets pursuant to tion of a price objective for prunes and should be permitted as such an associa­ § 993.49(c) ; (2) making no deduct from of the supply of prunes which should be tion has the authority to market the handler receipts and permitting only the placed in the reserve pool. ' prunes of its producer members and is reserve percentage of the § 993.49(c) A new section, § 993.54 Establishment one handler and also an entity of all weight to satisfy the reserve obligation of salable and reserve percentages, producer members. (the balance to be salable) ; and (3) should be added to the order to authorize A new section, § 993.55 Application of making no deduct from receipts but the Secretary to establish or modify the salable and reserve percentages after end crediting the entire amount of § 993.49 salable and reserve percentages. This is of crop year, should be added to the (c) weight against reserve obligation. necessary for volume allocation of the order. This section should require that If item (1) were adopted, it is ap­ crop. The new section should provide the salable and reserve percentages es­ parent that those producers of good whenever the Secretary finds, from the tablished for any crop year shall also quality lots would be rewarded and those recommendations or supporting infor­ apply to primes received by handlers in delivering material with a weight which mation supplied by the commitee, or the subsequent crop year and before must be disposed of to nonhuman con­ from any other available information, salable and reserve percentages are es­ sumption outlets would thereby have a that to establish the percentages of tablished for that crop year. This pro­ smaller portion creditable as salable ton­ prunes for any crop year which shall be vision is needed to maintain continuity nage. For instance, if two producers salable prunes and reserve prunes, re­ of volume regulation and continuous each delivered 104 tons when the per­ spectively, or to modify the previously protection during any rule making period centages were 75 percent salable and 25 established percentages, would tend to to establish new percentages. The com­ percent reserve, and one producer had 4 effectuate the declared policy of the act, mittee will desire to wait until the ap­ tons of § 993.49(c) material, and such he shall establish or modify such per­ proach of harvest to make its percentage were deducted from his delivery prior to centages. The Secretary should not be recommendations and this will mean application of the percentages, his sal­ precluded from using such information that final action by the Secretary may able weight would be 75 tons and his re­ as he may have, in acting on the com­ not be effective for a few weeks in the serve weight 25 tons. The producer who mittee’s recommendation, so as to effectu­ new crop year. Should a short crop con­ had no material to be deducted from re­ ate the. declared policy of the act. Also, dition warrant a reduction of the reserve ceipts would have a salable weight of the Secretary has certain responsibilities percentage to zero, this could be done 78 tons and a reserve weight of 26 tons. under the act which require that he not quickly enough to avoid undue restraint Thus, there would be a field incentive to necessarily bind his actions to those rec­ on handlers. The new section should produce and deliver only good quality ommended by the committee. If mar­ further provide, that, after the percent­ fruit. , . keting conditions and program opera­ ages are established for the subsequent If the second alternative were adopted, tions warrant, it may be desirable during crop year, all reserve obligations thereto­ wherein there is no deduct and only the a crop year to modify the percentages fore accrued during such year on the reserve percentage is credited to the re­ during a crop year to provide additional basis of the previously effective percent­ serve pool, the salable tonnage would salable prunes in lieu of the committee ages shall be adjusted to the newly estab­ then be, in the example above, 78 tons offering reserve prunes for sale to han­ lished percentages. This provision is for each producer. However, the han­ dlers. The order should permit this to be necessary to maintain equity among dler receiving the defect material wou done. However, the reserve percentage handlers and to achieve the division of find that it must be pro rated the same previously established for the then cur­ the subsequent crop into salable and re­ as other receipts as between salable an rent crop year should not be increased serve prunes in accordance with the reserve and hence 3 tons of the 4 to as some handlers could have committed volume percentages established by the received would need to be diverted P • all of their salable prunes and the modi­ Secretary. suant to § 993.49(c), and thus he, mtaci, fication then would not affect all han­ As a basis for administering volume would receive only 75 tons for the sala dlers equitably. The sum of the percent­ regulation and obtaining handler com­ outlet. This situation could resiiitm ages should equal 100 percent and there­ pliance therewith, a new section, many misunderstandings between p by account for the entire receipts of § 993.56 Reserve obligation, should be ducers and handlers. handlers from producers and dehydrators added to the order. This section should The third alternative is advantageous that are subject to volume regulation. specify that the reserve obligation of a to both the handler and the indivia As another step in the volume alloca­ handler shall approximate the average producer in that a maximum proportion tion of the crop, the new section should marketable content of the handler’s re­ would be salable: namely, t°ns- provide that the salable and reserve per­ ceipts and shall be a weight of natural reserve would be 26 tons and th centages, when applied to the natural .condition prunes equal to the reserve amount of the excess defects would condition weight of prunes received dur­ percentage applied to the natural condi­ credited to the reserve obhgation. He ing a crop year by a handler from pro­ tion weight of prunes, excluding the 26 tons less 4 tons of defect »a ducers and dehydrators plus that di­ weight obligation of § 993.49(c), such would mean that the first Producers^ handler receives during the crop year tual contribution to the pool 1 J be verted tonnage (dried weight natural from producers and dehydrators plus the tons. His equity, therefore would be condition basis) on diversion certificates dried weight (dried weight natural con­ the 22 tons physically entering P and credited to or held by him, shall dition basis) on diversion certificates However, having delivered on determine the weight of each handler’s credited to or held by him. The reserve chantable tons, he would have ^ to n receipts which are salable prunes and portion of the diversion certificate weight reserve prunes. Such receipts mean should be included as part of the han­ salable or the same as the produ ^ physical receipts as well as thé weight dler’s reserve obligation, in addition livering 104 merchantable • the represented by diversion certificates. to the reserve portion of his above de­ there would be an inequity ge The diversion certificate weight should scribed physical receipts of prunes from Wednesday, M ay 19, 1965 FEDERAL REGISTER 6787 Prom the foregoing, it is concluded serve obligation due to their authorized to hold reserve prunes elsewhere than on that the most desirable means of giving disposal and other reasons. For the his premises under proper storage. certainty to handlers as to the precise purposes of reserve management and However, it should be understood that in salable weight they are obtaining from handler compliance, it is necessary to set so doing, the handler would not be re­ each producer and to maintain equity as forth in the new section the permissible lieved of his obligation to hold and pro­ between producers, from the standpoint reductions in the quantity of reserve tect the prunes. In other words, the of merchantable weight (whether salable prunes a handler is required to hold. handler’s reserve obligation arises from or reserve) delivered, would be to de­ The notice of hearing contained a pro­ his receiving prunes and is not trans­ duct from incoming receipts that weight posal that the handler’s holding require­ ferable. of material which must be diverted pur­ ment should be reduced by the weight of Handlers would hold reserve prunes suant to § 993.49(c). prunes disposed of by him in nonhuman subject to the control of, and disposition For compliance purposes, the new sec­ consumption outlets whether or not pur­ by, the committee. Therefore, the new tion also should provide that the salable suant to § 993.49(c) of the order and section should permit the committee, prunes permitted to be disposed of by credited by the committee against his after giving reasonable notice, to require any handler in accordance with the pro­ reserve obligation. While this provision a handler to deliver to it, or to a person visions of the program shall be deemed has some merit in a volume control op­ designated by it, f.o.b. handler’s ware­ to be that handler’s quota fixed by the erating through a handler pool, it is house or point of storage, reserve prunes Secretary within the meaning of section herein recommended that such control held by him. So as to be in a position to 8a(5) of the act. The act provides that operate only through a producer pool. meet the requirements of any particular any handler exceeding such quota shall In such a pool, the committee assumes outlet for reserve prunes, the committee forfeit to the United States a sum equal responsibility for paying producers for should be authorized to require that such to the current market value of such ex­ the reserve percentage and hence there' delivery consist of natural condition cess. It was proposed at the hearing is a need to maintain the value of such prunes, or to arrange with the handler that any prunes permitted to be disposed pool consistent with the reserve per­ for such delivery to consist of processed of by a handler in accordance with the centage equities of the producers. Ac­ prunes. provisions of the program should be cordingly, this proposal is denied. A new section, § 993.58 Deferment of deemed to be that handler’s quota for the It is- self-evident that the handler’s time for withholding, should be added purpose of section 8a(5) of the act. The holding requirement should be reduced to the order to permit compliance by any intent of the proposal was to avoid con­ temporarily by any quantity of prunes handler with the requirement to with­ struing a handler as being in violation for which he has temporary deferment hold reserve prunes to be deferred by the and subject to section 8a(5), if he legiti­ of time for withholding reserve prunes. committee to any date desired by the mately disposed of reserve prunes or Provisions for such deferment are dis­ handler, but not later than November prunes freed by diversion certificates. cussed and set forth hereinafter. 15 of the crop year, subject to specified However, this proposal is not recom­ The handler’s holding requirement conditions. Deferment of the meeting mended for adoption as it is not con­ should be reduced by the natural condi­ of the withholding requirement would strued as being in .conformance with tion dried weight equivalent of any permit a handler to satisfy the heavy section 8a(5). The quota, as set forth prune plums diverted by producers as demand for prunes which normally oc­ herein, would consist of a handler’s shown on diversion certificates held by curs in the fall of the crop year when, salable prunes which include those him, or credited by the committee temporarily, he might not have enough prunes freed by diversion certificates as against his reserve obligation. Any salable prunes to fulfill all of his sales salable prunes. Moreover, disposal of prune plums diverted would not be de­ orders. However, no deferment should reserve prunes by a handler in accord­ livered to a handler. Therefore, he continue after November 15 because pro­ ance with the provisions of the program, should not be required to hold prunes he curement of prunes from producers and such as an export sale by a handler of does not receive. Unless limited by the dehydrators could be unduly retarded reserve prunes which he acquired from committee, the credit against the han­ and the desired effects of withholding the committee solely for export, would dler’s reserve obligation and the reduc­ reserve prunes so delayed as to cause be considered as specifically permitted tion in his holding requirement should weakness in prices to producers for activity supplementary to disposition of be for the total dried weight of the di­ prunes. his quota. However, any unauthorized version certificate, as discussed herein So as to assure, insofar as practicable, disposal of reserve prunes by a handler under material issue (7). . that a handler would meet his with­ would be , an appropriation of prunes re­ The handler’s requirement to hold re­ holding requirement by the end of the quired to be withheld for the account of serve prunes also should be reduced by deferment period and that the program the committee and being in excess of his any quantity of reserve prunes disposed would be protected if he failed to do so, quota would be in violation of section of by him under a sales contract of the 8a(5). * no deferment should be effective until committee; or delivered by him to the the committee has a written undertak­ A new section, § 993.57 Holding re committee, or to a person designated by ing, secured by a performance bond tn rünent an(i dëlivery, should be adde it, pursuant to its instructions; or for acceptable to the committee, that the thovii6 °rqer- It should be spécifié which he is otherwise relieved by the handler will have fully satisfied his with­ tiniMV. ^ j8* eapk handler shall, at a committee' of his responsibility to hold holding requirement on or before the rnnff’ i • ’ ^ his Possession or under h: reserve prunes. Such disposal or relief date specified. ,The bond should be in nf fh ’ln proper storage for the accour from responsibility would be authorized an amount computed by multiplying the ]j„_ ®,C0lmnittee, free and clear of a by the committee and hence should be pounds of natural condition prunes, for men/ v,- quantity of primes necessary t recognized by appropriate adjustment. which deferment is desired, by the bond­ œrmi™îiLreserV8 obligation, less eertai The new section should further pro­ ing rate. The bonding rate should be S f lblV eductions> in this holdin vide that no handler may transfer a set by the committee at a level sufficient In E m?nt’ 35 set forth hereinafte: reserve obligation but any handler to remove temptation of forfeiture and urne vîl actuate the purpose of vo] may, upon notification to the com­ to discourage unauthorized use of re­ DhvJlPlatlon> means must be used fc mittee, arrange to hold reserve prunes serve prunes and damage to the program. from withholding reserve prune on the premises of another handler Since the deferment would be at the is anfh5°s!Îion ^ f i 1 disposition them or in approved commercial storage, handler’s election and for his benefit, he in stm-irflZed' H&ndlers are experience under conditions of proper storage. should bear the cost of the bond. faciliti^g Prunes properly and have th In some instances it may place an The new section should contain appro­ Prune«! so- Since the reserv undue burden on a handler to re­ quire him to hold reserve prunes on priate provisions, as hereinafter set of the pnwP1*?, ke held for the accour forth, which would permit the commit­ thorized for disposition as an his own premises because he may have °f eauitv^ 11Pjfor fhe beneficial intern limited storage facilities. Moreover, tee, in case a handler defaults in meeting should he ^°.lders> the prunes obvious! premises where prunes are stored in Cali­ his deferred withholding requirement, to As a mQh? Î free and clear of all lien fornia would be available to the sur­ purchase salable prunes from handlers, quantitv^frv6ting season Progresses, th veillance of the committee’s staff. Con­ sell such prunes in reserve prune outlets, held by a prunes required to l sequently, the handler should be per­ and deposit the net proceeds with reserve y a handler would not equal his re mitted, with the committee’s knowledge pool funds for distribution to equity 6788 PROPOSED RULE MAKING holders. In this way, the salable-reserve to conduct such disposition in an orderly files with the Secretary complete infor­ imbalance caused by the defaulting han­ manner so as to maximize total sales of mation as to the proposed terms and dler increasing the salable supply be­ prunes and returns to producers. conditions including the basis for deter­ yond that intended would be restored to Outlets available to the committee also mining handlers’ shares, or until receipt balance. should include those noncompetitive of notice from the Secretary that he does If the committee is unable to purchase with normal outlets, for salable prunes. not disapprove the making of such offer. the quantity of salable prunes as large as Noncompetitive outlets could be such This safeguard is needed to permit the that needed to replace the reserve prunes outlets as new foreign markets or those Secretary time to review the information used in default, any remaining funds re­ which have not imported California on which the committee based its pro­ ceived from forfeiture of the bond, less prunes for many years, perhaps certain posal and to determine whether the pro­ committee expenses, should be placed new or limited uses of prunes, and those posal is sound and likely to be of value with reserve pool funds for distribution outlets wherein prunes are used for ani­ to the industry. The requirement for to equity holders. The new section mal feed or botanicals. These noncom­ submission of the basis for determining should so provide so that equity holders petitive outlets should not be spelled out handlers’ shares of an offer, whether will be compensated, insofar as prac­ in the order but instead should be in­ acquisitions, holdings, or other basis, will ticable, for damage done to them and the cluded in the rules and procedures. In permit the Secretary to have a voice in program by the defaulting handler. this way, they could be examined care­ the equitable treatment of handlers in Lastly, it should be provided that a fully, in view of the latest information light of their acquisition and disposition handler who has defaulted on his bond available, as to their noncompetitive positions at the time of the offer. In shall be credited on his reserve obliga­ status, the desirability of supplying general, this offer technique would per­ tion with, and his holding requirement them with reserve prunes, and the best mit the committee to dispose of reserve reduced by, that quantity of prunes rep­ method of disposition. prunes in a timely manner in accordance resented by the sums collected but not The new section should further provide with need. more than the extent of the default. that the committee shall offer to sell and The new section should provide that This would recognize the restitution sell reserve prunes to handlers for dis­ any handler who is authorized by the made to the program. position or sale by them in any of the committee to dispose of reserve prunes A new section, § 993.59 Payment to outlets available to reserve prunes. One may arrange to dispose of his share of handlers f or services, should be added to of the main purposes of this program reserve prunes through such other han­ the order to require the committee to should be to encourage handlers, the ex­ dler. This is desirable fo r it offers the pay handlers for necessary services ren­ perienced sellers of prunes, to expand flexibility of handlers w orking out a mu­ dered by them in connection with reserve outlets for the commodity and its prod­ tual arrangement to the advantage of prunes including inspection, receiving, ucts. However, the committee should be each in meeting the term s and condi­ storing, grading, and fumigation, in ac­ permitted to supply certain outlets with tions of a particular disposition of re­ cordance with a schedule of payments prunes where it can do so more appro­ serve prunes. For example, If a handler and conditions established by the Secre­ priately than handlers, and the new sec­ has only a limited export outlet for tary after recommendation by the com­ tion should so provide. For example, prunes, it may be to his advantage, when mittee. The reserve prunes would be if it should become necessary for reserve the committee makes an export offer, to held by handlers for the account of the prunes to be disposed of for animal feed, arrange for the sale of his share through committee and disposed of for the bene­ it may be determined that the committee, an exporting handler. In turn, the ex­ fit of producers and other persons having by selling prunes directly to that outlet porting handler may benefit by obtaining a beneficial interest therein. Hence, it rather than through handlers, can effect the prunes needed for his export sales is only fair that handlers be paid for their economy of operation and reap the ad­ orders. However, it should be stipulate services with respect to reserve prunes. vantage inherent in being a single seller in the new section t h a t credit for tne Costs of these services may change in the of a sizable quantity. reserve disposition shall go to the han­ future. Hence, appropriate charges Sale of reserve prunes by the commit­ dler whose reserve p ru n es are usea. should not be established in the order tee to any handler for resale in domestic, TTis reserve obligation is not transfers but rather by rule making. foreign, or noncompetitive outlets or to and the credit for the disposition sho A new section, § 993.65 Disposition of other persons for sale in such outlets remain with the obligation. Otherw . reserve prunes, should be added to the should be governed by the provisions of he might be left in a position of not being order. It should provide that the com­ a sales agreement, executed by the han­ able to reduce his holding re^irem mittee shall have the power and author­ dler with the committee. The terms and even though he had made substantial ity to sell or dispose of any and all reserve conditions of the agreement would pro­ disposition of reserve prunes as aiore- prunes to meet demand either in do­ vide a means to the committee of con­ mestic outlets, or in foreign outlets, or trolling the disposition of reserve prunes S&The new section should further Pro­ for use in any outlet, defined in rules and to achieve the orderly marketing and vide that expenses incurred by the com procedures, established by the Secretary producer return objective desired. In­ mittee for the receiving, handling, after recommendation of the committee, herent in the committee’s right to dis­ ing, or disposing of any . noncompetitive with normal outlets for pose of reserve prunes is the authority serve prunes shall b e charged againstthe salable primes. It is basic to the effec­ to price them. The agreement could sales proceeds from such prun • tuation of the declared policy of the act specify the documentation needed to reserve prunes are to be dispose^ that the Secretary’s agency, the com­ show, to the committee’s satisfaction, the committee for the benefit of P __ sale, shipment, or use in the particular ers and other equity holders in mittee, be authorized to dispose of the serve pool. Therefore, it is offiy proper commodity pooled, as permitted by the outlet. act. Management of the reserve is For compliance purposes, the new sec­ that such direct expenses shoul< J ^ r. thereby permitted to be on an industry­ tion should provide that the committee ducted from the sales iw ^ d s . and wide basis. The committee is enabled may refuse to sell reserve prunes to any more, this is consistent w ith nutajji- to market the reserve in an orderly handler if he violates the terms, and con­ the most satisfactory method of manner, and by so doing, to enhance the ditions of the agreement or other provi­ ing funds to meet such P ® ^ tion of interests of producers, other equity sions of the program. It is impractical Net proceeds from the ^ SI^buted by to state in the order or herein all of the reserve prunes shouid be di througa holders, and handlers. Since, as dis­ the committee either directly, un. cussed hereinbefore, the quantity of sal­ terms and conditions which may be handlers as agents of thecomnutte^ ^ able prunes initially released by the per­ needed in the sales agreement. The der safeguards to be ^ b b portion to centages should not, in furtherance of agreement can be readily adapted to the committee, to persons m P ^ their orderly marketing, be sufficient to meet needs of an outlet and to the marketing their contributions thereto, r priate domestic and foreign demand and carry­ conditions existing at the time. successors in interest, with a p p r j ^ out requirements, the committee should The new section should provide that no offer to sell reserve prunes either to grade and size differentials!^e ^tri- have the authority to sell or dispose of by the committee. Net is to reserve prunes either in domestic out­ handlers or to other persons shall be button through handlers as &g nt re. lets, foreign outlets, or both, as the need made by the committee until five days permit handlers to maintain a cn m arises to supplement salable prunes sold (exclusive of Saturdays, Sundays, and lationship with the producers, n in those outlets. The objective would be holidays) have elapsed from the time it Wednesday, M ay 19, 1965 FEDERAL REGISTER 6789 committee elects this method, it is not The term “prune plums” should be de­ 'able to be diverted, and the views of the contemplated that the handlers would fined in the new section to mean plums committee and the Secretary as to the obtain custody of the proceeds. It is in­ of a variety used in the production of safeguards needed to prevent abuse of tended that the committee will check the prunes. The industry refers to undried the privilege. However, it is clear from accuracy of each draft for payment. plums used in the production of dried the record that the rules and procedures Equity holders would include producers, prunes as prune plums, green primes, or should deal, among other things, with dehydrators, and persons to whom an fresh prunes. When a portion of the methods and criteria for issuing diver­ equity in a pool may be assigned such moisture is removed from such undried sion certificates to producers, obtaining as handlers. The proposed provision prunes by artificial dehydration or by proof of diversion and policing thereof, recognizes that the assignee or successor sun-drying, the fruit becomes prunes. crediting diversion against reserve obli­ in interest would share in the proceeds The definition is needed to identify the gation, transferring diversion certifi­ as his interest might appear. Different fresh fruit which would be eligible for di­ cates, and preventing excessive diversion. grades and different sizes of prunes or­ version under certain conditions and to After diversion operations are author­ dinarily do not have the same value and exclude from such eligibility dried prunes, ized, and subject to the applicable rules the differences in these values should be plums not used in the production of and procedures, any producer should be recognized in distributing net proceeds prunes, and plums used in the production permitted to divert prune plums of his on the basis of the prunes of the contrib­ of dried plums which are not within the own production for eligible purposes and uting persons. meaning of “prunes” defined in § 993.5. receive from the committee a diversion The new section should permit prog­ The latter two categories of fruit are not certificate therefor. To the extent per­ ress payments to be made by the com­ involved in the program. The proposed mitted by the rules and procedures, it mittee as sufficient funds accumulate so diversion authorization in the notice of should be provided that the certificate that producers and other equity holders hearing included dried prunes (“prunes” may be submitted to any handler in lieu would not have to wait until complete as defined in § 993.5) in addition to of reserve prunes and the certificate shall liquidation of the pool to have the use of prune plums. However, it would be diffi­ entitle the handler to satisfy his reserve some of the net proceeds. cult to police diversion of dried prunes obligation to the same extent. In this, The new section also should provide so as to prevent their use in commercial way, producers who receive certificates that distribution of the proceeds in con­ trade channels. Dried primes are less for diverting prune plums and handlers nection with the reserve prunes contrib­ destructible and perishable than prune who obtain the certificates would benefit uted by a cooperative marketing asso­ plums. Hence, actual proof of their di­ in the program from salable prunes being ciation could be made to such association version could be delayed and be more ex­ free from the requirement to withhold if it so requests. Since an association of pensive to obtain than for prune plums. reserve prunes. The producer who di­ this character would contribute to the Moreover, the cost of drying already verts has the same opportunity to have reserve based on the combined tonnage would have been incurred and once dried salable prunes as the producer who does of its members and would have its own the prunes could be handled as such un­ not divert. The quantity of salable method of making distribution to its der the order. Hence, the proposal to prunes would not be any larger than it members, it should be treated as a single include dried prunes is not recommended would be if the diverted prune plums person for the purpose of receiving net for adoption. were dried and delivered to handlers. proceeds if it so requests. The new section should provide that However, the quantity of reserve prunes (7) A new section, § 993.62 Diversion no producer shall be required to divert all would be less. privileges, should be added to the order or any portion of the prune plums pro­ For example, a producer delivers 900 to authorize the committee under certain duced by him. This recognizes that the tons of prunes to a handler together . conditions to issue diversion certificates, producer has complete freedom of choice with a diversion certificate for 100 tons for use in satisfying reserve obligation, to as to whether he uses the privilege of di­ of prunes, the equivalent dried weight of producers who voluntarily divert, from verting if diversion operations are au­ the prune plums diverted by the pro­ the prune outlet for eligible purposes, thorized, and is consistent with the act ducer. The committee had issued the plums of a variety used in the production which prohibits regulation of any pro­ certicate to the producer after obtaining of prunes. ducer in his capacity as a producer. proof that the prune plums were actu­ In a particular year the estimated sup- Diversion operations should be author-*- ally diverted. Volume percentages of 75 W of prunes may be in excess of do- ized only if the Secretary concurs that percent salable and 25 percent reserve and f°reten trade demand and any such should be permitted on the basis of are applied to 1,000 tons, the total of the aiable and reserve carryover needs. a committee recommendation, and other delivered tonnage and the certificated en^> the need may arise to dispose of available information. This authority to tonnage. This results in 750 tons of sal­ Portion of the reserve prunes in low- invoke diversion operations in any year able prunes and a reserve obligation of tum, noncompetitive outlets such as should be permissive and be under the 250 tons. The certificated tonnage of 100 the evidence of record is that so that prune plums could not be di­ reserve obligation and reduces his with­

Since a cooperative marketing associ­ tion, those participating should pay the serted immediately preceding § 993.48 as ation has the authority to market the committee fees established to cover costs relocated. Section 993.48 provides that prunes of its producer members and is pertaining to diversion. If diversion no handler shall handle prunes except in one handler and also an entity of all certificates are issued to a cooperative accordance with the provisions of this grower members, diversion certificates marketing association instead of to its part. The new center heading and relo­ for prune plums diverted by the producer producer members, the association cation of § 993.48 would be appropriate members of a cooperative marketing as­ should pay the fees as it would be acting as a conforming change in view of the sociation should be issued by the com­ on behalf of its members. It should be general applicability of the section to all mittee to the association if it so requests. required that the fees be paid to the com­ handling of prunes and the proposed ad­ It should be provided that diversion mittee before it issues diversion certifi­ dition to the order of provisions for vol­ certificates may be transferable among cates to assure collection of money ume regulation and prune plum di­ producers and handlers but only to the needed to cover costs. version. extent authorized by the rules and pro­ (8) The first sentence of paragraph Rulings on proposed findings and con­ cedures. This authority should be avail­ (a) of § 993.81 should be revised so that clusions. The Presiding Officer an­ able for use to permit producers and han­ the assessable prunes of each handler are nounced at the hearing that interested dlers needing the certificates to obtain all salable prunes handled by him as the persons would be allowed to and includ­ them, but should be invoked only if under first handler thereof, instead of all ing March 31,1965, to file with the Hear­ the rules and procedures equities in the prunes received by him from producers ing Clerk proposed findings and conclu­ reserve pool are protected and the com­ and dehydrators as presently provided. sions, and written arguments or briefs, mittee maintains accountability and The revision would make it clear that as­ based on evidence received at the hear­ control. sessments would be levied on the same ing. Briefs were filed by Burrel Leonard, Permissive methods of eligible diver­ prunes only once. In the event of vol­ Alfred Tisch, E. W. Landram, F. J. Sta­ sion should include disposal of prune ume regulation, it would be appropriate pleton for Stapleton-Spence Packing Co. plums for non-human use and leaving to confine the assessable tonnage to sal­ and S. R. Abinante for Abinante & Nola prune plums unharvested. In these able prunes and to exclude reserve Packing Co., Inc., Charles J. Olson, Val­ ways, it would be possible to assure the prunes. Reserve prunes would be held ley View Packing Co., Inc., and R. W. disposal, destruction, or non-use of for the account of the committee. In Jewell for the Prune Administrative prune plums so they would not be com­ some instances it could happen that an Committee. petitive with the normal marketing of excess of this tonnage would not be dis­ Every point covered in these briefs has prunes and prune products. Since other tributed, processed, or shipped by han­ been considered carefully, in light of the desirable methods of diversion may be dlers in commercial trade channels and scope of the notice and the evidence in developed which should entitle producers hence would not be appropriately assess­ the record, in making the findings and to receive diversion certificates, provi­ able. The assessable base of salable reaching the conclusions herein set forth. sion should be made for these to be prunes of a handler should include the To the extent that any suggested findings authorized. Eligible diversions should salable portion of the diverted tonnage and conclusions contained in those briefs be within such restrictions as may be pre­ on diversion certificates credited to or are inconsistent with the findings and scribed in rules and procedures. For held by him in addition to the salable conclusions contained herein, they are example, the record of evidence shows portion of the prunes physically received denied on the basis of the facts found that creditable diversion of prime plums by him from producers and dehydrators. and stated 4n connection with this rec­ for use in making fresh prune juice This is consistent with new §§ 993.21c ommended decision. should not be permitted as this product and 993.54. Moreover, this recognizes General findings, (a) The findings for human consumption would be com­ that a handler who receives a diversion hereinafter set forth are supplementary, petitive with prune juice made from dried certificate representing a given creditable and in addition to the previous findings prunes. weight of prunes is entitled to the same and determinations which were made in The new section should further specify salable quantity as a handler who re­ connection with the issuance of the mar­ that no diversion certificate shall be is­ ceives the same weight of prunes from keting agreement and order and wen sued by the committee for prune plums producers and dehydrators, that is, the previously issued amendment thereto. which would not, under normal producer result of applying the salable percentage Except the finding as to the basepeno practices, be dried and delivered to a to the weight in either case. However, if for parity computation, and except mso- handler. This provision would be com­ there were no volume regulation for a far as such findings and determinations patible with one of the purposes of di­ crop year, all prunes would be salable may be in conflict with the findings se verting prune plums from the prune out­ prunes as recognized in new § 993.21c forth herein, all of the said let which is to prevent a supply of prunes which defines salable prunes. findings and determinations are her y occurring that is in excess of domestic It was proposed at the hearing that the ratified and affirmed. (For prior ■ and foreign trade demand and any re­ order provide the committee and the Sec­ ings and determinations see H __• serve carryover requirement. This would retary with several choices as to those 5254; 16 F.R. 8437; 19 F.R. 1301; 22F.K. tend to create a favorable situation for prunes which would be assessable. 8254; 26 F.R. 475) ; , and volume regulation. It would be incom­ However, the proposal is not recom­ (b) The marketing agreem ent anu patible with this purpose to give credit mended for adoption since the recom­ order, as amended and as hereby P under the program for prune plums mended salable prune basis is easily posed to be further amended, and au o which producers would normally discard, administrable, avoids the uncertainty in­ the terms and conditions thereof, wm such as those left on the ground from volved in having choice, and is appropri­ tend to effectuate the declared po mechanical harvesting or those damaged ate for use with or without volume regu­ of the act; ftnd or destroyed by rain to the point of not lation. (c) The marketing agreem ent ana being harvested or suitable for dried (9) Some of the amendatory actions order, as amended and as ,!^reÎL5ate prunes. The undesirable effect of credit­ herein cause the need to make certain posed to be further amended, , ^ ing such fruit would be to increase the conforming changes, as hereinafter set. the handling of dried total tonnage subject to volume regula­ forth, in the provisions of the order so in California in the same ma tion by increasing the total certificated as that the order will be in conformity with and are applicable only to P^ons diverted. those actions. Such changes are dis­ respective classes of industnal or Any prune plums diverted should not cussed herein in connection with the mercial activity specified m> which be included for equity purposes in any proposals to which pertinent. All of such keting agreement and order up reserve pool. Since the equivalent dried changes should be incorporated in the hearings have been held; the weight of the fruit diverted would not be order. Another such change, for better (d) There are no ^ ff®JfnceSf dried physically available for pooling and sale format and applicability of the provi­ production and marketing red as dried prunes, it would not be reason­ sions, should be to move § 993.48 Regu­ prunes in the production a rderi able to credit prune plums in any reserve lation from its present location in the by the marketing agreement and ^ pool for additional benefits, such as pool order and place it immediately preceding as amended and as hereby dif. returns to equity holders. the center heading “Grade and Size be further amended, which reqgm ^ Inasmuch as diversion is a privilege ex­ Regulations” and a new center heading ferent terms applicable to differ tended to producers and is at their elec­ “Prohibition on Handling” ^Should be in­ of such area; Wednesday, M ay 19, 1965 FEDERAL REGISTER 6791 (e) The marketing agreement and or­ to the control or disposition of reserve (5) The probable quality and prune der, as amended and as hereby proposed prunes or to prune plum diversion pur­ sizes in the crop; to be further amended, are limited in suant to § 993.62, including any delega­ (6) The domestic trade demand by application to the smallest regional pro­ tion of authority for action on such mat­ uses of prunes; duction area which is practicable, con­ ters and any recommendation of rules (7) The foreign trade demand by sistently with carrying out the declared and procedures with respect to such countries or groups of countries; policy of the act, and the issuance of matters, including any such decision (8) The desirable carryout of salable several orders applicable to subdivisions arrived at by mail or telegram, shall re­ prunes at the end of the ensuing crop of the production area would not effec­ quire at least 14 affirmative votes.” year; tively carry out the declared policy of the 6. The last sentence of § 993.33 is (9) The quantity of prunes to be with­ act; and amended by placing a period after the held as reserve prunes so as to protect (f) All handling of dried prunes pro­ word “adoption” and deleting the re­ against errors of estimation and permit duced in California is in the current of mainder of the sentence. orderly marketing of the supply; interstate or foreign commerce, or di­ 7. Section 993.34 is revised to read as (10) The recommended salable and rectly burdens, obstructs, or affects such follows: reserve percentages; commerce. § 993.34 Expenses. (11) The quantity of prune plums, Recommended amendment of the dried weight basis, deemed desirable to order. The following further amend­ Thç members of the committee, and be diverted pursuant to § 993.62; ment of the order is recommended as the alternates when acting as members, or (12) Any recommended change in detailed and appropriate means by which when alternates’ expenses are authorized regulations pursuant to §§ 993.49 to the foregoing conclusions may be carried by the committee, shall serve without 993.53, inclusive; out; compensation but shall be allowed their (13) The probable assessable tonnage 1. A new § 993.21a reading as follows is expenses. for the purposes of § 993.81 ; and added immediately after § 993.21: § 993.36 [Amended] (14) The current prices for prunes, the trend and level of consumer income, § 993.21a Proper storage. 8. Paragraph (h) of § 993.36 is whether producer prices are likely to ex­ “Proper storage” means storage of amended by inserting **, exclusive of re­ ceed parity, and such other factors as such character as will maintain prunes serve prune operations,” immediately may have a bearing on the marketing of in the same condition as when received after “the financial operations of the prunes or the administration of this part. by a handler, except for normal and committee”. natural deterioration and shrinkage. 9. In § 993.36 present paragraphs (i), 11. Section 993.48 Regulation is (j), (k), (1), and (m) are relettered as moved from its present position in the 2. A new § 993.21b reading as follows (j), (k), (1), (m), and (n), respectively, order and placed immediately preceding Is added immediately after new and a new paragraph (i) reading as fol­ the center heading “Grade and Size Reg­ § 993.21a: lows is added: ulation”, and a new center heading “Pro­ hibition on Handling” is inserted immedi­ § 993.21b Trade demand. (i) To prepare and submit to the Sec­ ately preceding § 993.48 as relocated and (a) Domestic trade demand. The retary annually, as soon as practicable immediately following § 993.41. quantity of prunes which the commercial after the end of each crop year and at 12. Paragraph (d) of § 993.50 is re­ trade will acquire from all handlers dur­ such other times as the committee may vised to read as follows : ing a crop year for distribution in domes­ deem appropriate or the Secretary may tic markets for human consumption as request, a statement of the Committee’s § 993.50 Outgoing regulation. prunes and prune products. financial operations with respect to re­ * * * * * (b) Foreign trade demand. The serve prunes for such crop year and to (d) French prunes: No handler shall quantity of prunes which the commercial make such statement available at the ship or otherwise make final disposition trade will acquire from all handlers dur­ offices of the committee for inspection of any of the following lots for human ing a crop year for distribution in other by producers, dehydrators, and handlers; consumption as prunes or as mixed than domestic markets for human con­ 10. Section 993.41 is revised to read as dried fruit unless the average count of sumption as prunes and prune products. follows: prunes contained in any such lot is 100 or less per pound : (1) Any lot of consumer . 3* A new § 993.21c reading as follows § 993.41 Marketing policy. immediately after new packages of French prunes; (2) any lot 8 v8ui21d • (a) On or before the fourth Tuesday of of other containers of French prunes; or each July, the committee shall prepare (3) any lot of containers holding 10 § 993.21c Salable prunes. and submit to the Secretary a report set­ pounds or more of French prunes and ^ulable prunes” means those pr ting forth its recommended marketing other dried fruit if more than 60 percent J ^ ar® iree to be handled purs policy for the ensuing crop year. If it of the net weight of mixed dried fruit *5* liable percentage establishe becomes advisable to modify such policy, in the lot consists of French prunes. In me Secretary pursuant to § 993.54, c because of changed demand, supply, or determining whether any such lot con­ l i s S Ve percentage of zero is es other conditions, the committee shall forms to this minimum size requirement, bv a cr°P year, all prunes rece formulate a new policy and shall submit the following tolerance shall apply: In draS dier® from Producers and d a report thereon to the Secretary. a sample of 100 ounces, the count per orators during that year. Notice of the committee’s marketing pound of 10 ounces of the smallest prunes policy, and of any modifications thereof, shall not vary from the count per pound is4 § 993-21d reading as fol shall be given promptly by reasonable of 10 ounces of the largest prunes by §993?lce: »»mediately after publicity to producers, dehydrators, and more than 45 points. The Secretary handlers. may, upon the basis of the recommenda­ §993.21d Reserve prunes. (b) In formulating its marketing tion and information submitted by the policy for the ensuing crop year, the committee and other available informa­ whichS my,e<.P£unes means those pr committee shall consider and shall in­ tion, modify this tolerance for uniformity of a re be withheld in satisfac clude in its report to the Secretary, the of size. P l i c a e obllgation arising from following estimates (natural condition * * * , * * Ushedby51 are^erve percentage es basis) and recommendations: §993.54 ^ ine Secretary pursuam Reserve control. 13. New sections (1) The carryover of salable prunes reading a&follows are added immediately as of August 1 ; after § 993.53: § 99333 [Amended] (2) The carryover of reserve primes § 993.54 Establishment of salable and § 993 33ei?rovi^0 ln first sentenc as of August 1 ; (3) The grade and size composition of reserve percentages. ‘‘Provided S 5 S read as 10111 Policy £rriZrat de.clsions on marke the salable and reserve carryovers; Whenever the Secretary finds, from the specificating 0r, size regulations, ] (4) The quantity of prunes to be pro­ recommendations and supporting infor­ stages an!!’ salable and reserve duced without regard to possible diver­ mation supplied by the committee, or * nd on any matters pertai sions of prime plums by producers; from any other available information, 6792 PROPOSED RULE MAKING that to establish the percentages of contract of the committee; (d) delivered as large as the quantity of reserve prunes primes for any crop year which shall be by him to the committee, or to a person in default by the handler, any remaining salable prunes and reserve primes, re­ designated by it, pursuant to its instruc­ balance of funds received because of the spectively, or to modify the previously tions; and (e) for which he is otherwise default less expenses of the committee, established percentages, would tend to relieved by the committee of such re­ shall be deposited with reserve pool funds effectuate the declared policy of the act, sponsibility to so hold prunes. No han­ for distribution to equity holders. he shall establish or modify such per­ dler may transfer a reserve obligation but (c) A handler who has defaulted on his centages. The salable and reserve per­ any handler may, upon notification to bond shall be credited on his reserve ob­ centages when applied to the natural the committee arrange to hold reserve ligation with, and his holding require­ condition weight of prunes, excluding prunes on the premises of another han­ ment reduced by, that quantity of prunes the weight obligation of § 993.49(c), re­ dler or in approved commercial storage, represented by the sums collected but not ceived during the crop year by ~a handler under conditions of proper storage. The more than the extent of his default. from producers and dehydrators, plus committee may, after giving reasonable § 993.59 Payment to handlers for serv. that diverted tonnage (dried weight nat­ notice, require a handler to deliver to it, . ices. ural condition prune basis) on diversion or to a person designated by it, f .o.b. han­ certificates issued pursuant to § 993.62 dler’s warehouse or point of storage, re­ The committee shall pay handlers for and credited to or held by him, shall serve prunes held by him. The commit­ necessary services rendered by them in determine the weight of each handler’s tee may require that such delivery con­ connection with reserve prunes including, receipts which are salable prunes and sist of natural condition prunes or it may but not limited to, inspection, receiving, reserve prunes. The total of the salable arrange for such delivery to consist of storing, grading, and fumigation, in ac­ and reserve percentages shall equal 100 processed prunes. cordance with a schedule of payments percent. A cooperative marketing as­ and conditions established by the Secre­ § 993.58 Deferment of time for with­ tary after recommendation by the com­ sociation may concentrate the prunes of holding. its producer members before applying mittee. the salable and reserve percentages. (a) Compliance by any handler with 14. Producer diversion. A new § 993.62 the requirement of § 993.57 for with­ reading as follows is added immediately § 993.55 Application of salable and re­ holding reserve prunes may be tempo­ after ngw § 993.59: serve percentages after end of crop rarily deferred to any date desired by the year. handler, but not later than November 15 § 993.62 Diversion privileges. The salable and reserve percentages of the crop year, upon the execution and (a) Prune plums. The words “prune established for any crop year shall also delivery by such handler to the commit­ plums” as used in this section mean apply to prunes received by handlers tee of a written undertaking that on or plums of a variety used in the production in the subsequent crop year and before prior to the desired date he will have of prunes. salable and reserve percentages are es­ fully satisfied his holding requirement. (b) Voluntary principle. No producer tablished for that crop year. After such Such undertaking shall be secured by a shall be required to divert all or any por­ percentages are established for the sub­ bond or bonds to be filed with and ac­ tion of the prune plums produced by him. sequent crop year, all reserve obligations ceptable to the committee in the amount (c) Authorization. If, on the basis theretofore accrued during such year on or amounts specified, conditioned upon of a committee recommendation for di­ the basis of the previously effective per­ full compliance with such undertaking. version operations, the availability of centages shall be adjusted to the newly (b) (1) Each bond shall be provided governing rules and procedures estab­ established percentages. by and at the handler’s expense, with a lished by the Secretary after recommen­ surety or sureties acceptable to the com­ dation of the committee, and other in­ § 993.56 Reserve obligation. mittee, and shall be in an amount com­ formation, the Secretary concurs that Whenever salable and reserve per­ puted by multiplying the pounds of nat- diversion operations should be permitted, centages are in effect for a crop year, ur~l condition prunes for which defer­ he shall authorize such operations. the reserve obligation of a handler shall ment is desired by the bonding rate. (d) Diversion certificates. After cu- approximate the average marketable Such bonding rate shall be established version operations are authorized, an content of the handler’s receipts and by the committee at a level sufficient to subject to the applicable rules and P ‘ shall be a weight of natural condition achieve the objectives of this part. cedures, any producer may divert pru prunes equal to the reserve percentage (2) In case a handler defaults in meet­ plums of his own production for ehgi applied to the natural condition weight ing his deferred withholding require­ purposes and receive from the comm, of prunes, excluding the weight obliga­ ment, any funds collected by the com­ a diversion certificate therefor: Pro < tion Of | 993.49(c), such handler receives mittee from the bonding company That diversion certificates f°r P”®{ during the crop year from producers and through such default shall be used by the plums diverted by producer mepipe dehydrators plus that diverted tonnage committee to purchase from handlers a a cooperative marketing association^ (dried weight natural condition prune quantity of natural condition prunes, be issued by the committee to the assoc basis) on diversion certificates credited up to but not exceeding the quantity on ation if it so requests. To the ex to or held by him which were issued pur­ which the default occurred. Purchases permitted by the rules and proc ’ suant to § 993.62. The salable prunes shall be made froiQ prunes with respect the certificate may be submitted to J permitted to be disposed of by any han­ to which the reserve obligation has been handler in lieu of re se rv e ]^ en- dler in accordance with the provisions of met, and shall be of grades, varieties, or the same extent the certificate e this part shall be deemed to be that han­ sizes and in such containers as the com­ title the handler to satmfy his dler’s quota fixed by the Secretary within mittee specifies in consideration of avail­ obligation. Onlytothee^entpermitwa the meaning of section 8a(5) of the act. able reserve prune - outlets. Purchases by the rules and procedures divers^ certificates may be transferab § 993.57 Holding requirement and de­ shall be at prices determined to be ap­ livery. propriate by the committee and if more producers and handlers. . such prunes are offered than required by the (e) Eligible diversions. Wtmn ules Each handler shall at all times, hold, committee, it shall make the purchases restrictions as may beprescri author. in his possession or under his control, in from various handlers as nearly as prac­ and procedures, diversion may noj proper storage for the account of the ticable in proportion to the quantity of ized for such dispositions j^^g committee, free and clear of all liens, their respective offerings at the same competitive with the norm? such the quantity of prunes necessary to meet price. The committee shall dispose of of prunes and prune ^ v is - his reserve obligation, less any quantity: the prunes acquired as soon as practi­ eligible diversions may ^cmde- (a) For which he has a temporary de­ cable in the most favorable reserve prune posal of prune plums for ™n n ferment pursuant to § 993.58(a); (b) outlets and shall deposit the proceeds use; (2) leaving of prune plums (dried weight-natural from such sales, less committee expenses vested; and (3) s^ch1^ orized No di­ condition basis) diverted pursuant to in connection with such transaction, with diversion as may be authorize«- ^ ^ § 993.62 as shown on diversion certifi­ reserve pool funds for distribution to version certificate shall b . ^ woUld cates held by him, or credited by the equity holders. committee for prune Pjj*® practices, be committee against his reserve obligation; (3) If for any reason the committee is not, under normal producer prac (c) disposed of by him under a sales unable to purchase a quantity of prunes Wednesday, M ay 19, 1965 FEDERAL REGISTER 6793

(I) N on-participation in pool proceeds. the committee, under safeguards to be scribed as within a 5-mile radius of War­ Any prune plums diverted pursuant to established by the committee, to persons ren County Airport and of Schenectady, this section shall not be included in any in proportion to their contributions N.Y., described as being within a 5-mile reserve pool. , thereto, or to their successors in interest, radius of Schenectady County Airport (g) Payment of costs* Prior to the with appropriate grade and size differen­ and within 2 miles either side of a line issuance of a diversion certificate to a tials as established by the committee. extending from the airport 5-mile radius producer or a cooperative marketing as­ Progress payments may be made by the zone to the Albany, N.Y., ILS OM. A sociation, the producer or association committee as sufficient funds accumulate. portion of the Windsor Locks, Conn. (29 shall pay to the committee fees estab­ Distribution of the proceeds in connec­ F.R. 17580), control area extension is lished to cover costs pertaining to the tion with the reserve primes contributed also included. diversion. by a cooperative marketing association The proposed alteration of thè Albany 15. Disposition of reserve prunes. A shall be made to such association, if it control zone would provide protection new § 993.65 reading as follows is added so requests. for aircraft executing prescribed instru­ immediately after new § 993.62: ment approach and departure proce­ § 993.81 [Amended] dures at the Albany County Airport. §993.65 Disposition of reserve prunes. 16. In the first sentence of paragraph The control zone modification would (a) Committees right of disposition. (a) of § 993.81 “with respect to all eliminate the extension to the northeast The committee shall have the power and salable prunes handled by him as the first and reduce the extension to the north. authority to sell or dispose of any and handler thereof” is substituted for “with However, one new extension would be all reserve prunes (1) to meet demand respect to all prunes received by him designated to the east providing protec­ either (i) as domestic trade demand, or from producers and dehydrators”. tion for aircraft executing AL-10-VOR- (ii) as foreign trade demand, or (2) for Dated: May 14, 1965. DME-1 instrument approach procedure. use in any outlet, defined in rules and The proposed alteration of the Sche­ procedures, established by the Secretary Clarence H. G irard, nectady control zone would provide pro­ after recommendation of the committee, Deputy Administrator, tection for aircraft executing prescribed noncompetitive with normal outlets for Regulatory Programs. instrument approach and departure pro­ salable prunes. [FJR. Doc, 65-5272; Filed, May 18, 1965; cedures at the Schenectady County (b) Methods of disposition. The com­ 8:49 a.m.] Airport. The control zone modification mittee may, for any of the purposes of would eliminate the southeast extension. 5993.65(a), offer to sell and sell reserve However, two new extensions would be prunes to handlers for disposition or sale designated to the west and northwest by them in specified outlets.. Sale of re­ FEDERAL AVIATION AGENCY providing protection for departure air­ craft climbing to 700 feet AGL. serve prunes by the committee to any [1 4 CFR Part 71 1 handler for resale in such outlets or for The proposed alteration of the Glens resale to other persons for sale in such [Airspace Docket No. 64r-EA-37] Falls control zone would provide protec­ tion for aircraft executing prescribed in­ outlets shall be governed by the provi­ CONTROL ZONES, TRANSITION sions of a sales agreement, executed by strument approach and departure pro­ the handler with the committee; The AREAS AND CONTROL AREA EX­ cedures at the Warren County Airport. committee may refuse to sell reserve TENSIONS Three new extensions would be desig­ nated: (1) The extensions to the north prunes to any handler if the handler vio­ Proposed Alteration, Designation, lates the terms and conditions of the and west providing protection for de­ agreement or other provisions of this Revocation parture aircraft climbing to 709 feet Part. The committee may sell reserve The Federal Aviation Agency is con­ AGL; and (2) the extension based on primes into any outlet in which direct sidering amending §§ 71.165, 71.171, and the Glens Falls VOR 005° radial provid­ selling is determined to be more appro­ 71.181 of Part 71 of the Federal Aviation' ing protection for aircraft executing priate. Regulations which would alter the A l ­ AL-673-V OR/DME-1 instrument ap­ (c) Offers to sell reserve prunes. No bany (29 F.R. 17644) and Glens Falls, proach procedure. offer to sell reserve prunes either to han­ N.Y. (29 F.R. 17666), transition areas, the The 700- and 1,200-foot transition dlers or to other persons shall be made Albany (29 F.R. 17581), Schenectady areas would provide protection for air­ - by the committee until five days (exclu­ (29 F.R. 17633) and Glens Falls, N.Y. craft executing prescribed holding, ar­ sive of Saturdays, Sundays, and holi­ (29 F.R. 17602), control zones; designate rival, departure, and radar vectoring days) have elapsed from the,time it files 700-foot-above-ground transition areas procedures in the terminal areas. The with the Secretary complete informa­ over Pittsfield Airport, Pittsfield, Mass., 700-foot transition areas for Rutland tion as to the terms and conditions of and Rutland Airport, Rutland, Vt.; re­ and Pittsfield will provide protection for the proposed offer including the basis for voke the Albany, N.Y., control area ex­ aircraft executing approach procedures ^h^hihing the handlers’ shares: Pro- tension (29 FJEl. 17557) and the transi­ down to 700 feet above ground and de­ J™*' Thht at any time prior to the expi­ tion areas of Cambridge (29 F.R. 17651) parture procedures above 700 feet above ration of the five-day period the offer ground. and Middle Grove (29 F.R. 17682), N.Y. The floors of airways which traverse ^ made upon the committee re- A 700-foot-above-ground Albany, N.Y., the transition areas proposed herein fr°m the Secretary notice that transition area would also be designated. ® does not disapprove it. would coincide with the floors of the The controlled airspace in the afore­ transition areas. mn + transfer of shares. No handler mentioned terminal areas is presently “»y transfer a reserve obligation. How- Certain minor revisions to prescribed composed of the Albany, Rome (29 F.R. instrument procedures would be effected th/’ any banc^er who is authorized by 17575), Newburgh (29 F.R. 17571), N.Y., committee to dispose of reserve in conjunction with the actions proposed Chicopee Falls, Mass. (29 FJEt. 17561), herein, but operational complexity would jip d}hy arrange with another han- and Rutland, Vt. (29 F.R. 17575), Control not be increased nor would aircraft per­ nnin «TSpose share of reserve Area Extensions; and the Cambridge, formance or present landing minimums that ÎS th,roush such other handler. In N.Y., Albany* Glens Falls, and Middle be adversely affected. Specific details of tinn cre(ht for the reserve disposi- Grove, N.Y., transition Areas. Also in­ the changes to procedures and minimum sprvo g0 the handler whose re- cluded are the control zones of Albany, senre prunes are used. flight rules altitudes that would be re­ N.Y., described as being within a 5-mile quired may be examined by contacting d pn^J^stri^ution °f proceeds. Ex- radius of Albany County Airport and the Chief, Airspace Branch, Air Traffic repp«riv!ncl!rred by the committee for the within 2 miles either side of the 015° Division, Federal Aviation Agency, Fed­ of an»1^’ bai^ling, holding, or disposing bearing of a point (42°47'42" N., eral Building, John F. Kennedy Interna­ bp phLquf'n^ y reserve primes shall 73°48'10'' W.) extended from the 5-mile tional Airport, Jamaica, N.Y., 11430. of snnv.ged aga*nst the proceeds of sales radius zone to 10 miles north of the point ” such prunes. Net proceeds from the and within 2 miles either side of the Interested persons may submit such distrihi^ reserve Prunes shall be Albany ILS localizer N course extended written data or views aa they may de­ rectiv ^be committee either di- from the 5-mile radius zone to 10 miles sire. Communications should be sub­ * r through handlers as agents of N of the OM; of Glens Falls, N.Y., de- mitted in triplicate to the Director, East- No. 96----5 6 7 9 4 PROPOSED RULE MAKING ern Region, Attn: Chief, Air Traffic miles west of the end of the runway; within 9. A m end § 71.181 of Part 71 of the Division, Federal Aviation Agency, Fed­ 2 miles each side of the centerline of Runway Federal Aviation Regulations so as to 1 extended from the 6 -mile radius zone to eral Building, John F. Kennedy Interna­ 12 miles north of the end of the runway designate a 700-foot-above-ground Pitts­ tional Airport, Jamaica, N.Y., 11430. All and within 2 miles each side of the Glens field, Mass., transition area described as communications received within 45 days Falls VOR 005® radial extending from the follow s: after publication in the F ederal R egister 5-mile radius zone to 12 miles north of the P i t t s f i e l d , M a s s . will be considered before action is taken VOR; and within a 1-mile radius of the on the proposed amendment. No hear­ center, 43°23'30" N., 73®41'45" W. of Lake That airspace extending upward from 700 George Airport, Lake George, N.Y. feet above the surface within a 7-mile radius ing is contemplated at this time, but ar­ of the center, 42°25'36" N., 73°17'30" W., of rangements for informal conferences 5. Amend § 71.181 of Part 71 of the Pittsfield Airport, Pittsfield, Mass; within 2 with Federal Aviation Agency officials Federal Aviation Regulations so as to miles each side of the Pittsfield RBN 059* may be made by contacting the Chief, revoke the Cambridge, N.Y. and Middle bearing extending from the 7-mile radius Airspace Branch, Eastern Region. Grove, N.Y. transition areas. area to 8 miles northeast of the RBN; and Any data, or views presented during 6. Amend § 71.181 of Part 71 of the within 2 miles each side of the Chester VOR such conferences must also be submitted 299® radial extending from the 7-mile radius Federal Aviation Regulations so as to area to 10 miles northwest of the VOR. in writing in accordance with this notice delete the description of the Albany, N.Y. in order to become part of the record for transition area and insert in lieu thereof: This amendment is proposed under consideration. The proposal contained That airspace extending upward from 700 section 307(a) of the Federal Aviation in this notice may be changed in the light feet above the surface within a 9-mile radius Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). of comments received. of the center, 42°44'48" N., 73®48'19" W. of Issued ip Jamaica, N.Y., on May 6,1965. The official docket will be available Albany County Airport, Albany, N.Y., and for examination by interested persons at within 5 miles east and 8 miles west of the W ayne H endershot, the Office of the Regional Counsel,'Fed­ Albany ILS localizer north course extending Acting Director, Eastern Region. eral Aviation Agency, Federal Building, from the 9-mile radius area to 12 miles north [F.R. Doc. 65-5234; Filed, May 18, 1965; John F. Kennedy International Airport, of the OM; within 2 miles each side of the 8:46 a.m.] Jamaica, N.Y. Albany VOR 013° radial extending from the 9-mile radius area to 15.5 miles north of the The Federal Aviation Agency, having VOR; within 2 miles each side of the Albany completed a comprehensive review of VOR 094° radial extending from the 9-mile [ 14 CFR Part 71 1 the airspace requirements for the termi-. radius area to 12 miles east of the VOR; [Airspace Docket No. 65-CE-56] nal areas of Albany, Schenectady, and within 5 miles west and 8 miles east of the Glens Falls, N.Y., Pittsfield, Mass, and Albany VOR 182® radial extending from the FEDERAL AIRWAY Rutland, Vt. attendant to the implemen­ 9-mile radius area to 12 miles south of the tation of the provisions of Civil Air Reg­ VOR; within a 7-mile radius of the center, Proposed Designation 42®51'13" N., 73°55'48" W. of Schenectady ulation amendments 60-21 and 60-29 County Airport, Schenectady, N.Y.; within 2 The Federal Aviation Agency is con­ (26 F.R. 570; 27 F.R. 4012), proposes the miles each side of the centerline of Runway sidering an amendment to Part 71 of airspace actions hereinafter set forth: 28 of the latter airport extended from the the Federal Aviation Regulations that 1. Amend § 71.165 of Part 71 of the 7-mile radius area to 12 miles west of the would designate a south alternate to Federal Aviation Regulations so as to end of the runway; within 2 miles each side VOR Federal airway No. 148, from Red­ revoke the Albany, N.Y. control area ex­ of the centerline of Runway 33 of the latter wood Falls, Minn., to Minneapolis, Minn., tension. airport extended from the 7-mile radius area via Flying Cloud, Minn., and the inter­ to 9 miles northwest of the end of the section of the Flying Cloud 074° and 2. Amend § 71.171 of Part 71 of the runway. Federal Aviation Regulations so as to That airspace extending upward from 1,200 Minneapolis 188° True radials. delete the description of the Albany, N.Y. feet above the surface bounded by a line Interested persons may participate in control zone and insert in lieu thereof: beginning at: 44°00'00" N., 73°47'00'' W. to the proposed rule making by submitting Within a 5-mile radius of the center, 44®00'00" N., 73°16'00'' W. to 43°47'00" N., such written data, views, or arguments 42°44'48" N., 73°48'19'' W. of Albany County 72°39'00" W., to 43°11W ' N., 72°39W ' W. as they may desire. Communications Airport, Albany, N.Y. and within 2 miles each to 42®02'00" N„ 73°16'00" W. to 42°01'00" N., should identify the airspace docket num­ side of the Albany VOR 354° radial extending 74°30'00" W. to 43°19'00'' N., 74°30W ' W. to ber and be submitted in triplicate to from the 5-mile radius zone to 7 miles N the point of beginning. the Director, Central Region, Attention. of the VOR and within 2 miles each side of 7. Amend § 71.181 of Part 71 of the Chief, Air Traffic Division, Federal Avi­ the Albany VOR 094° radial extending from ation Agency, 4825 Troost Avenue, Kan­ the 5-mile radius zone to 6 miles east of the Federal Aviation Regulations so as to VOR. delete the description of the Glens Falls, sas City, Mo., 64110. All communica­ 3. Amend § 71.171 of Part 71 of the N.Y. transition area and insert in lieu tions received within 45 days after pub­ thereof: lication of this notice in the F ederal Federal Aviation Regulations so as to R egister will be considered before action delete the description of the Schenec­ That airspace extending upward from 700 tady, N.Y. control zone and insert in lieu feet above the surface within a 7-mile radius is taken on the proposed amendment thereof: - of the center, 43°20'32'' N., 73®36'35'' W. of The proposal contained in this notl Warren County Airport, Glens Falls, N.Y. and may be changed in the light of comme Within a 5-mile radius of the center, within 2 miles each side of the Glens Falls received. 42°51'13" N., 73°55'48" W. of Schenectady VOR 172® radial extending from the 7-mile An official docket will be available or County Airport, Schenectady, N.Y. and with­ radius area to 15 miles south of the VOR; in 2 miles each side of the centerline of Run­ examination by interested f within 2 miles each side of the centerline of the Federal Aviation Agency, O ffice w way 28 extended from the 5-mile radius zone Runway 30 extended from the 7-mile radius to 9 miles west of the end of the runway and area to 14 miles west of the end of the the General Counsel, Attention. R within 2 miles each side of the centerline of runway; and within 2 miles each side of the Docket, 800 Independence Avenue ovv- Runway 33 extended from the 5-mile radius centerline of Runway 1 extended from the Washington, D.C., 20553. An inf zone to 5 miles northwest of the end of the 7-mile radius area to 13.5 miles north of the docket also will be available for exa runway, excluding that portion coinciding end of the runway. nation at the office of the Regions with the Albany, N.Y., control zone. This 8. Amend § 71.181 of Part 71 of the Traffic Division Chief. , control zone is effective from 0600 to 2200 The segment of the proposed alte hours local time, daily. Federal Aviation Regulations so as to designate a 700-foot-above-ground Rut­ between Redwood Falls and Flying 4. Amend § 71.171 of Part 71 of the land, Vt. transition area described as is an inbound route to V, air. Federal Aviation Regulations so as to follows: . designating it as a numbered Fe e delete the description of the Glens Falls, R u t l a n d , V t . way would simplify flight P an™ grance N.Y. control zone and insert in lieu there­ That airspace extending upward from 700 reduce air traffic control tlle of: feet above the surface within a 5-mile radius phraseology. There would Within a 5-mile radius of the center, of the center 43°31'46" N., 72°56'54'' W. of normal 15° separation betwee 43°20'32" N„ 73°36'35'' W. of Warren County Rutland Airport, Rutland, Vt., and within posed airway and Airport, Glens Falls, N.Y. and within 2 miles 2 miles each side of the Rutland RBN 158° Victor 26 at Redwood Falls- » the each side of the centerline of Runway 30 bearing extending from the 5-mile radius this would not derogate safe use extended from the 5-mile radius zone to 11 area to the RBN. Wednesday, M ay 19, 1965 FEDERAL REGISTER 6795 proposed airway since radar separation § 141a.46 Procaine penicillin in strepto­ standards are employed in this area. DEPARTMENT OF HEALTH, EDU­ mycin sulfate solution; procaine pen­ This amendment is proposed under icillin in dihydrostreptomycin sulfate section 307(a) of the Federal Aviation CATION, AND WELFARE solution veterinary. Act of 1058 (49 U.S.C. 1348). # * * M * Food and Drug Administration Issued in Washington, D.C., on May 13, (b) Sterility. Proceed as directed in [ 21 CFR Part 141a 1 § 141.2 of this chapter, using the method 1965. . described in paragraph (e) (1) of that D aniel E. B arrow, PENICILLIN AND PENICILLIN-CON­ Chief, Airspace Regulations section, except add sufficient penicillinase and Procedures Division. TAINING DRUGS; TESTS AND METH­ to diluting fluid A and swirl the flask to ODS OF ASSAY completely solubilize the procaine peni­ [FJR. Doc. 65-5235; Filed, May 18, 1965; cillin before filtration. However, if the 8:46 a.m.] Proposed Changes in Sterility Tests preparation contains homogenizers or for Certain Antibiotic Drugs — \ '■ M suspending agents which prevent solubi­ lization, proceed as directed in para­ I 14 CFR Part 71 1 As provided in the Federal Pood, Drug, and Cosmetic Act (sec. 507, 59 Stat. 483, graph (e) (2) of that section, except use [Airspace Docket No. 65—EA-33] as amended; 21 U.S.C. 357), the Com­ medium B in lieu of medium A. missioner of Food and Drugs, on his own # * * # * TRANSITION AREA initiative, and under the authority dele­ Dated: May 13,1965. Proposed Designation gated to him by the Secretary of Health, J ohn L. H arvey, Education, and Welfare (21 CFR 2.90), Deputy Commissioner The Federal Aviation Agency is con­ proposes that the regulations providing of Food and Drugs. sidering an amendment to Part 71 of tests and methods of assay for penicillin the Federal Aviation Regulations that and penicillin-containing drugs (21 CFR [F.R. Doc. 65-5273; Filed, May 18, 1965; would designate a transition area at Part 141a) be amended as hereinafter 8:49 a.m.] Marion, Ky. set forth to establish alternative sterility Interested persons may participate in tests for the procaine penicillin drugs Public Health Service the proposed rule making by submitting specified. [ 42 CFR Part 73 1 such written data, views, or arguments All interested persons are hereby in­ as they may desire. Communications vited to submit their views in writing on BIOLOGICAL PRODUCTS should identify the airspace docket num­ these proposed amendments within 30 ber and be submitted in triplicate to the days from the date of publication of this Proposed Additional Standards; Im­ Director, Eastern Region, Attention: notice in the F ederal R egister. Such mune Serum Globulin (Human) Chief, Air Traffic Division, Federal Avia­ views and comments should be filed, pref­ Notice is hereby given that the Sur­ tion Agency, Federal Building, John F. erably in quintuplicate, with the Hearing geon General proposes to amend Part 73 Kennedy International Airport, Jamaica, Clerk, Department of Health, Education, of the Public Health Service regulations N.Y., 11430. All communications re­ and Welfare, Room 5440, 330 Independ­ to include specific standards of safety, ceived within 45 days after publication ence Avenue SW., Washington, D.C., purity and potency for Immune Serum of this notice in the F ederal R egister 20201, and may be accompanied by a Globulin (Human). will be considered before action is taken memorandum or brief in support thereof. Inquiries may be addressed, and data, on the proposed amendment. The pro­ It is proposed to amend Part 141a in views and arguments may be presented posal contained in this notice may be the following respects: by interested parties, in writing, in tripli­ changed in the light of comments 1. By changing § 141a.26(b) to read as received. cate, to the Surgeon General, Public follows: Health Service, Washington 25, D.C. All An official docket will be available for § 141a.26 Procaine penicillin. relevant material received not later than f^aI^nation ^ interested persons at * * * * * 60 days after publication of this notice the Federal Aviation Agency, Office of in the F ederal R egister will be con­ jne General Counsel, Attention: Rules (b) Sterility. Proceed as directed in sidered. uwKet, 800 Independence Avenue SW., § 141.2 of this chapter, using the method It is proposed to make any amend­ D c - 20553. An Informal described in paragraph (e) (1) and (2) ocket also will be available for exami- of that section, except if using the ments that are adopted effective 60 days after publication in the F ederal R egis­ Twn office of the Regional Air method in paragraph (e)(1), add suffi­ traffic Division Chief. ter. , cient penicillinase to diluting fluid A and 1. Amend Part 73 of the Public Health m3! Proposed transition area at swirl the flask to completely solubilize Service regulationsby adding the follow­ would be described as that air- the procaine penicillin before filtration. ing to the table of contents at the end n E ^tending upward from 1,200 feet * * * * * thereof: east v3e S}fr^ace bounded on the north- 2. By changing § 141a.29(b) to read as 37°9vL,! iine extending from latitude A d d i t i o n a l S t a n d a r d s : I m m u n e S e r u m follows: G l o b u l i n ( H u m a n ) I J i 0, ! ; longitude 88°17'40" W. to Sec. 40" w6 37 18 05" N., longitude 87°54'- § 141a.29 Procaine penicillin for aque­ ous injection. 73.355 The product. «, * 011 the southeast by V-178 and 73.356 Manufacture of Immune Serum onthe northwest by v - l l . i|c * * ' * * Globulin (Human). rn-mrilf trMlsiti°n afea is necessary to (b) Sterility. Proceed as directed In 73.357 The final product. § 141.2 of this chapter, using the method 73.358 Potency. off.,!! Controlled airspace for direct 73.359 General requirements. twepnr»ay’ air-carrier operations be- described in paragraph (e)(1) of that ween Owensboro, Ky., and Paducah, Ky. section, except add sufficient penicillinase 2. Amend Part 73 by adding the fol­ to diluting fluid A and swirl the flask to lowing at the end thereof: section S ! ndment is Proposed under completely solubilize the procaine pen­ Act of of the Federal Aviation icillin before filtration. However, if the Additional Standards: I mmune Serum Ct°f 1958 (49 U.S.C. 1348). preparation contains homogenizers or G lobulin (Human) 1 3 ^ 5 in Washington, D.C., on May suspending agents which prevent solubi­ § 73.355 Tlhe product. lization, proceed as directed in para­ (a) Proper name and definition. The n h . D aniel E. B arrow, graph (e) (2) of that section, except use proper name of this product shall be Im­ Lhie,f, Airspace Regulations medium B in lieu of medium A. mune Serum Globulin (Human). The [Fn and Procedures Division. * * * * — * product is defined as a sterile solution Doc. 65-5236; Filed, May 18, 1965; 3. By changing § 141a.46(b) to read ascontaining antibodies derived^ from 8:46 a.m.J follows: human blood. 6 7 9 6 PROPOSED RULE MAKING (b) Source material. The source of stored at a temperature of —10° C. or of gelation after heating in a 12X75 mm. Immune Serum Globulin (Human) shall lower. Globulin as a solid free from stoppered glass tube at 57° C. for 4 hours! be blood, plasma or serum from human alcohol and containing less than 5-per­ (b) Hydrogen ion concentration. The donors determined at the time of dona­ cent moisture, shall be stored at a tem­ pH of final container material shall be tion to have been free of causative agents perature of 0° C. or lower. 6.8±0.4 when measured in a solution of diseases that are not destroyed or (e) Determination of the lot. Each diluted to 1-percent protein with 0.15 removed by the processing methods, as lot of immune Serum Globulin (Human)- molar sodium chloride. determined by the donor’s history and shall represent a pooling of equal (c) Turbidity. The product shall be from such physical examination and amounts of material from not less than free of turbidity as determined by visual clinical tests as appear necessary for 1,000 donors. inspection of final containers. each donor at the time the blood was (f) Sterilization and heating. The (d) Date of manufacture. The date obtained. The source blood, plasma or final product shall be sterilized promptly of manufacture is the date of initiating serum shall not contain a preservative after solution. At no time during proc­ the last valid measles or poliomyelitis and shall be stored in a manner that essing shall the product be exposed to antibody test (§ 73.358(b) (1) and (2)) will prevent contamination by micro­ temperatures above 45° C. and the prod­ whichever date is earlier. organisms, pyrogens or other impurities. uct shall not be exposed to temperatures (e) Period of cold storage. The final (c) Additives in source material. above 5° C. for more than 72 hours. product may be held by the manufac­ turer in cold storage at a temperature Source blood, plasma or serum shall con­ § 73.357 The final product. tain no additives other than citrate or not above 5° C. for 3 years after the date acid citrate dextrose anticoagulant Solu­ (a) Final solution. The final product of manufacture without decreasing the tion, unless it is shown that the process­ shall be a 16.5±1.5 percent solution of length of the dating period. The provi­ ing method yields a product free of the globulin containing 0.3 molar glycine and sions of § 73.84 shall not apply. additive to such an-extent that the safety, a preservative. (f) Dating. The dating period shall purity and potency of the product will (b) Protein composition. At least, 90 be 3 years provided the labeling recom­ not be affected adversely. percent of the globulin shall have an mends storage from 2-10° C. electrophoretic mobility not faster thaii (g) Labeling. Labeling shall comply § 73.356 Manufacture of Immune Serum —2.8X10'5 centimeters per volt per sec­ with the requirements of § 73.50 through Globulin (Human). ond, when measured at a 1 percent pro­ § 73.55 and in addition shall indicate (a) Processing method. The manu­ tein concentration in sodium diethylbar- that: facturer shall demonstrate a processing biturate at pH 8.6 and 0.1 ionic strength. ( 1 ) There is no prescribed potency for method that (1) is capable of concentrat­ viral hepatitis antibodies. ing tenfold from source material at least § 73.358 Potency. (2) The product is manufactured for two different antibodies, (2) does not af­ (a) Antibody levels and tests. Each intravenous administration. fect the integrity of the globulins and is lot of final product shall contain at least (3) The lot is or is not suitable for capable of consistently yielding a product the minimum levels of antibodies for use with Measles Virus Vaccine, Live, which is safe for subcutaneous and intra­ diphtheria, measles, and for at least one Attenuated. muscular injection and (3) will not type of poliomyelitis. In the event the (h) Samples and protocols. For each transmit viral hepatitis. final bulk solution is stored at a tempera­ lot of Immune Serum Globulin (Human) (b) Reference materials. The follow­ ture above 5° C. the antibody level tests the following material shall be submitted ing reference materials shall be obtained shall be performed after such storage to the Director, Division of Biologies from the Division of Biologic Standards: with a sample of the stored material. Standards, National Institutes of Health, (1) NIH reference measles serum for (b) Minimum levels. The minimum Bethesda 14, Md.: correlation of measles antibody titers antibody levels are as follows: (1) A 50 ml. sample of the final prod- with globulin products. (1) No less than 2 units of diphtheria ouct. (2) NIH reference poliomyelitis globu­ antitoxin per ml. (2) All protocols relating to the his­ lin for correlation of poliomyelitis anti­ (2) A measles neutralizing antibody tory of each lot and all results of all tests body titers, types 1, 2, and 3 with globulin level determined in tissue culture of no prescribed in these additional standards products. (Sec. 215, 58 Stat. 690, as amended; 42 U.S.C (c) Microbial contamination. Low less than 0.5 times the level of the refer­ ence measles serum. 216; Interpret or apply sec. 351, 58 Stat. temperatures or aseptic techniques shall 42 U.S.C. 262) be used to minimize contamination by (3) A poliomyelitis neutralizing anti­ microorganisms. Preservatives to inhibit body level determined in tissue culture Dated: May 12, 1965. growth of microorganisms shall not be of no less than 1.0 for Type 1,1.0 Type 2, D avid E. Price, used during processing. and 2.5 for Type 3, times the antibody Acting Surgeon General. (d) Bulk storage. The globulin frac­ level of the reference poliomyelitis im­ tion may be stored in bulk prior to fur­ mune globulin. Approved : ther processing provided it is stored in R ijfüs E. Miles, Jr., well-marked hermetically closed contain­ § 73.359 General requirements. Assistant Secretary for ers. Globulin as either a liquid concen­ (a) Heat stability test. Approxi­ Administration. trate or a solid and containing alcohol or mately 2 ml. of final container material [F.R. Doc. 65-5275; Filed, May 18< 1®®®’ more than 5-percent moisture shall be of each lot shall not show any visible sign 8:49 a.m.] Notices

Tps. 5 and 6 N., R. 1 W. will be sent to each interested party of DEPARTMENT OF JUSTICE Tpe. 1 N., Rs. 1 and 2 E. record. Tps. 2 and 3 N„ R. 1 E. If circumstances warrant it, a public Immigration and Naturalization li>s. 1 S., Rs. 1,2, 3,4, and 5 E. Tps. 2 S., Rs. 2,3, 4, 5, and 6 E. hearing will be held at a convenient time Service Tps, 3 S., Rs. 4, 5 ,6, and 7 E. and place, which will be announced. STATEMENT OF ORGANIZATION Tps. 4 S., Rs. 5 ,6, 7, and 8 E. The lands involved in the application Tps. 5 S„ Rs. 5, 6, 7, 8, 9, 10, 12, 13, and 14 E. are: Tps. 6 S., Rs. 7, 8, 9,10,11, 12, 13,14, and 15 E. Deletion From International B o i s e M e r i d i a n , I d a h o Tps. 7 S., Rs. 8, 10, 11, 12, 13, 14, and 15 E, Airports Listing Tps. 8 S., Rs. 14, 15, 16, and 17 E. BOISE n a t i o n a l f o r e s t Tps. 9 S., Rs. 14, 15, 16, 17, and 18 E. Effective upon publication in the F ed­ French Creek Campground T. 10 S., R. 15 E. eral Register, the following amendment T. 11 S., R. 15 E. T. 14 N., R. 3 E., to the Statement of Organization of the A tract of land within the unsurveyed Immigration and Naturalization Service All unsurveyed lands along the Tana Ei/aNE^NEV4, NE V4 SE x/± NE %, section (19 F.R. 8071, December 8, 1954), as River (tributary to the Copper River) 29 more particularly described as: amended, is prescribed: below an elevation of 1,400 feet. Starting at the corner common to sections The listing of international airports The areas described aggregate approx­ 20, 21, 28, 29, which is corner No. 1 and imately 603,922 acres. the true point of beginning; thence west in District No. 7—Buffalo, N.Y., of sub- 10 chs. to corner No. 2; thence south 30 paragraph (3) Ports of entry for aliens Al J. H olley, chs. to corner No. 3; thence east 10 chs. arriving by aircraft of paragraph (c) Acting Manager, Anchorage to corner No. 4; thence north 30 chs. to Suboffices of sec. 1.51 Field Service is District and Land Office. corner No. 1, the true point of beginning, amended by deleting “Malone, N.Y., containing 30 acres more or less. [F.R. Doc. 65-5242; Filed, May 18, 1965; Malone-Dufort Airport.” 8:47 a.m.] CARIBOU NATIONAL FOREST Dated: May 14, 1965. Current Creek Administrative Site Raymond F. F arrell, [ Serial No. Idaho 016341 ] T. 2 S., R. 44 E., Commissioner of Sec. 2, W y2 of lo t i. IDAHO Immigration and Naturalization. Containing 19.91 acres, more or less. [F.R. Doc. 65-5250; Filed, May 18, 1965; Notice of Proposed Withdrawal and PAYETTE NATIONAL FOREST 8:47 a.m.] Reservation of Lands Cabin Creek Campground M ay 11,1965. T. 15N..R . 1 E., The Department of Agriculture has Sec. 12, SE % SW14 NE 14 NE %, SW ^ SE ^ DEPARTMENT OF THE INTERIOR filed an application, Serial Number Idaho NE14NE14, and the N y2 NE% SE % NE %.. 016341, for the withdrawal of the lands Containing 10 acres. Bureau of Land Management described below, from all forms of appro­ [Anchorage 060677] priation under the public land laws and The areas described aggregate 59.91 the general mining laws. The applicant acres in Adams, Bonneville and Valley ALASKA desires the land for an administrative Counties, Idaho. site and two campgrounds. O rval G. H adley, Notice of Termination of Proposed Manager, Land Office. Withdrawal and Reservation of For a period of 30 days from the date Lands of publication of this notice, all persons [F.R. Doc, 65-5243; Filed, May 18, 1965; who wish to submit comments, sugges­ 8:47 a.m.] M ay 12, 1965. tions, or objections in connection with Notice of an application, serial number the proposed withdrawal may present [Anchorage 062396] Anchorage 060677 for withdrawal and their views in writing to the undersigned reservatton of lands was published as officer of the Bureau of Land Manage­ ALASKA federal Register Document No. 64-5787 ment, Department of the Interior, Post ?? ?offS ^18-7519 of the issue for June Office Box 2237, Boise, Idaho, 83701. Notice of Proposed Withdrawal and The applicant agency has can- The authorized officer of the Bureau of Reservation of Lands wa its application in its entirety, Land Management will undertake such M ay 10,1965. inerefore, pursuant to the regulations investigations as are necessary to de­ contamed in 43 CFR Part 2311 such lands The United States Forest Service, De­ termine the existing and potential de­ partment of Agriculture, has filed an ap­ ZJ’ J* 10 am -> on May 26, 1965, re- mand for the land and their resources. plication Serial Number Anchorage Z , of the segregative affect of the He will also undertake negotiations with aoove mentioned.application. 062396 for the withdrawal of the lands the applicant agency with the view of described below from all forms of ap­ termination8 *nvo*ve(* *n this no^ ce °f adjusting the application to reduce the propriation under the mining laws. area to the minimum essential to meet The applicant desires the land for use lan(Ts below an elevation the applicant’s needs, to provide for the as an administrative site for the May- r ’ 00 feet in the drainage basin of maximum concurrent utilization of the beso Experimental Forest in the research cinrioT-*^Ver an

If circumstances warrant it, a public He will also prepare a report for con­ named herein, originally posted on the hearing will be held at a convenient time sideration by the Secretary of the In­ respective dates specified below as being and place which will be announced. terior who will determine whether or not subject to the Packers and Stockyards The determination of the Secretary the lands will be withdrawn as requested Act, 1921, as amended (7 U.S.C. 181 et of the Interior on the application will be by the Bureau of Indian Affairs. seq.), no longer come w ithin the defini­ published in the F ederal R egister. A The determination of the Secretary on tion of a stockyard under said Act and separate notice will be sent to each in­ the application will be published in the are, therefore, no longer subject to the terested party of record. F ederal R egister. A separate notice provisions of the Act. The land affected is an area located will be sent to each interested party of Name, Location of Stockyard, and Date of on the east side of Prince of Wales record. Posting Island, Alaska, in the vicinity of Hollis If circumstances warrant it, a public Anchorage, and hearing will be held at a conveniént time A l a b a m a Beginning at Corner No. 1, a point at mean and place, which will be announced. Luverne Auction, Luveme, May 18,1959. high tide, approximately 69.80 chains N. 57° The lands involved in the application L o u i s i a n a W. from USC&GS triangulation station are: . ■ ~ . ■ PLEA, at approximate latitude 55° 28'39" and B e t h e l , A l a s k a Town and Country Auctions, Inc., Ville Platte, Mar. 12,1963. approximate longitude 132°37'30"; thence, Beginning at a point from which. U.S.C. N. 9°25' W., 36.0 chains to Corner No. 2; and G.S. Station “Bethel Ma«” in latitude M i s s i s s i p p i N. 88° 15' W., 10.10 chains to Corner No. 3; 60°47'08.692" N., longitude 161°46'21.865" Pellers’ Livestock Barn No. 2, Kosciusko, Jan S. 10°20' W., 23.36 chains to Comer No. 4, W. bears N. 89°40' E., 2,227.90 feet, S. 0°20' a point at mean high tide, thence with the 12,1959. E., 2,650 feet, and N. 89° 40' E., 9,300 feet, N e b r a s k a meanders of mean high tide, and around a thence S. 89°40' W., 10,272.10 feet; S. 0°20' small unnamed island connected to the main E., 7,500 feet; N. 89°40' E., 6,971.40 feet; N. Deshler Livestock Commission Co., Deshler, island by a filled roadway to the point of 23°30' E., 8,168.15 feet to the point of begin­ Aug. 18,1950. beginning. ning, excluding the Bethel White Alice Site N ev a d a The area described aggregates ap­ (F-010048), and the Federal Aviation Agency Singer’s Feed and Auction Yard, Lovelock, proximately 90.50 acres. withdrawal (Public Land Order 3445), for the Apr. 12,1960. Bethel H. Marker. T e x a s J ames W . S cott, Manager, The area described aggregates ap­ Hereford Livestock Auction, Hereford, Oct. Anchorage District and Land Office. proximately 1450 acres. 28, 1958. [F.R. Doc. 65-5265; Piled, May 18, 1965; Ross A. Y oungblood, Notice or other public procedure has 8:48 a.m.] Manager, Fairbanks District not preceded promulgation of the fore­ and Land Office. going rule since it is found that the giv­ [F it. Doc. 65-5266; Filed, May 18, 1965; ing of such notice would prevent the due [Fairbanks 034580] 8:48 a.m.] and timely administration of the Packers ALASKA and Stockyards Act and would, there­ fore, be impracticable and contrary to Notice of Proposed Withdrawal and the public interest. There is no legal Reservation of Lands DEPARTMENT OF AGRICULTURE warrant or justification for not depost­ ing promptly a stockyard which is no M ay 12, 1965. Agricultural Stabilization and longer within the definition of that term The Bureau of Indian Affairs has filed Conservation Service contained in the Act. an application, Serial Number Fairbanks The foregoing is in the nature of a 034580, for withdrawal of the lands de­ DIRECTOR OR ACTING DIRECTOR, rule granting an exemption or relieving scribed below, from all forms of appro­ KANSAS CITY ASCS COMMODITY a restriction and, therefore, may be made priation under the public land laws, in­ OFFICE effective in less than 30 days after pub­ cluding the mining laws, mineral leasing lication in the F ederal R egister. This laws, grazing laws, and disposal of ma­ Delegation of Authority notice shall become effective upon pub­ terials under the Material Act of 1947, as Pursuant to the authority vested in me lication in the F ederal R egister. amended. The applicant desires the land by the Processor Wheat Marketing Cer­ (43 Stat. 159, as amended and supplemented; for administrative use under the Act of tificate Regulations, I hereby delegate to 7 U.S.C. 181 et seq.) June 25, 1910 (36 Stat. 43 U.S.C. 141- the Director or Acting Director, Kansas 143). City ASCS Commodity Office, the respon­ Done at Washington, D.C., this 13th For a period of 30 days from the date sibility to approve a combination of two day of May 1965. of publication of this notice, all persons or more plants or a division of the plant K. A. Potter, who wish to submit comments, sugges­ as provided in § 777.12(e). The author­ Acting Chief, Rates and Regis­ tions, or objections in connection with ity herein delegated shall be exercised trations Branch, Packers and the proposed withdrawal may present in conformity with the requirements of Stockyards Division, Con­ their views in writing to the undersigned the Processor Wheat Marketing Certifi­ sumer and Marketing Service. officer of the Bureau of Land Manage­ cate Regulations and may not be redele­ ment, Department of the Interior, Fair­ [F.R. Doc. 65-5247; Filed, May 18, 1965; gated. 8:47 a.m.] banks District and Land Office, Post (Secs. 379(a) to 379(J), 52 Stat. 31, as amend­ Office Box 1150, Fairbanks, Alaska. ed; 7 TJ.S.C. 1379a to 1379J) The authorized officer of the Bureau of SHANTZ & RODMAN LIVESTOCK Land Management will undertake such Signed at Washington, D.C., on May investigations as are necessary to deter­ 14,1965. COMMISSION CO., INC., ET AL. mine the existing and potential demand Clifford G. P ulvermacher, Posted Stockyards for the lands and their resources. He Director, Procurement will also undertake negotiations with the and Sales Division. Pursuant to the authority delegated applicant agency with the view of ad­ aider the Packers and Stockyards Act, justing the application to reduce the area [F.R. Doc. 65-5270; Filed, May 18, 1965; 8:48 ajn.] 921, as amended (7 U.S.C. 181 et seq.), to the minimum essential to meet the n the respective dates specified below applicant’s needs, to provide for the t was ascertained th a t the livestock mar- maximum concurrent utilization of the Consumer and Marketing Service :ets named below were stockyards wi i lands for purposes other than the appli­ cant’s, to eliminate lands needed for pur­ LUVERNE AUCTION ET AL. he definition of that term contained i poses more essential than the applicant’s ection 302 of the Act, and notice wa and to reach agreement on the concur­ Deposting of Stockyards iven to the owners and to the pub rent management of the lands and their It has been ascertained, and notice is iy posting notice at the stockyards as resources. hereby given, that the livestock markets Wednesday, M ay 19, 1965 FEDERAL REGISTER 6799 Name, location of stockyard, and date of The phrase “published in this day’s is­ The Board, acting pursuant to sections posting sue of the F ederal R egister” should read 102, 204(a), and 412 of the Act, does not A r k a n s a s “published in the F ederal R egister of find the subject agreement to be adverse April 24,1965”. Shantz & Rodman Livestock Commission, to the public interest or in violation of Co., Inc., North Little Rock, Apr. 23, 1965. Dated: May 12,1965. the Act, provided that approval thereof is conditioned as herein after ordered. C o l o r a d o J ohn L. H arvey, Accordingly, it is ordered: That Agree­ Salida-Monte Vista Livestock Commission, Deputy Commissioner ment C.A.B. 17666, R-112 through R^118, Co., Inc., Monte Vista, Feb. 23, 1965. of Food and Drugs. be approved, provided that such approval F l o r id a [F.R. Doc. 65-5274; Filed, May 18, 1965; shall not constitute approval of the spe­ 8:49 a.m.] cific commodity descriptions contained Daytona Horse Sales, Inc., Daytona Beach, therein for purposes of tariff publication. Nov. 20,1964. I n d i a n a Any air carrier party to the agreement, or any interested person, may, within 15 Rensselaer Livestock Auction, Rensselaer, ATOMIC ENERGY COMMISSION days from the date of service of this Apr. 28,1965. [Docket No. 50-214] order, submit statements in writing con­ K a n s a s taining reasons deemed appropriate, to­ Hoxie Livestock Sale, Hoxie, Mar. 22, 1965. DEPARTMENT OF WATER AND gether with supporting data, in support T e x a s POWER OF THE CITY OF LOS of or in opposition to the Board’s action West Texas Livestock Sales Co., Plain view, ANGELES herein. An original and nineteen copies Apr. 30,1964. of the statements should be filed with the Notice of Reconvening of Hearing Board’s Docket Section. The Board Done at Washington, D.C., this 13th may, upon consideration of any such day of May 1965. A recess was taken in this proceeding on April 1,1965. An announcement was statements filed, modify or rescind its K . A. P otter, action herein by subsequent order. Acting Chief, Rates and Reg­ made on the record that a formal notice istrations Branch, Packers would be issued respecting reconvening This order will be published in the F ed­ and Stockyards Division, of the hearing on June 21, 1965. eral R egister. Consumer and Marketing Pursuant to that announcement, no­ By the Civil Aeronautics Board. Service. tice is hereby given that the public hear­ ing in this proceeding will reconvene at [ seal] H arold R . S anderson, [P.R. Doc. 65-5248; Filed, May 18, 1965; 10 a.m. (local time) on Monday, June 21, Secretary. 8:47 a.m.] 1965, in the Committee room of the City [F.R. Doc. 65-5268; Filed, May 18, 1965; Auditorium at Santa Monica, Calif., to 8:48 a.m.] further consider the issues specified for consideration by the Atomic Energy DEPARTMENT OF COMMERCE Commission. Office of the Secretary Issued: May 14, 1965, Germantown, FEDERAL COMMUNICATIONS GEORGE E. LAWRENCE Md. Statement of Changes in Financial A tom ic S afety and COMMISSION L icensing B oard. [Docket No. 15011; FCC 65-364] Interests S amuel W . J ensch, In accordance with the requirements Chairman. AMERICAN TELEPHONE AND of section 710(b) (6) of the Defense Pro­ [F.R. Doc. 65-5226; Filed, May 18, 1965; TELEGRAPH CO. duction Act of 1950, as amended, and Ex­ 8:45 a.m.] ecutive Order 10647 of November 28,1955, Memorandum Opinion and Order the following changes have taken place In the matter of American Tele­ in my financial interests as reported in phone & Telegraph Co., Docket No. 15011; the Federal R egister during the past six CIVIL AERONAUTICS BOARD charges, practices, .classifications, and months: [Docket No. 15353; Order E-22162] regulations for and in connection with A. Deletions: Mohawk Electronics. Teletypewriter Exchange Service. B. Additions: None. INTERNATIONAL AIR TRANSPORT 1. By order FCC 63-261, 28 F.R. 2873, ASSOCIATION the Commission instituted the investi­ This statement is made as of April 30, gation with which this proceeding is con­ 1965. Order Relating to Specific Commodify cerned into the lawfulness of American G eorge E. Lawrence. Rates Telephone & Telegraph Co. Long Lines May 10,1965. Adopted by the Civil Aeronautics Department Tariff FCC No. 133 pro­ 1F.R. Doc. 65-5252; Filed, May 18, 1965; Board at its office in Washington, D.C., viding teletypewriter exchange service. 8:47 a.m.] on the 13th day of May 1965. That order prescribed procedures where­ There has been filed with the Board, by the examiner designated to preside at pursuant to section 412(a) of the Federal the hearings should certify the record Aviation Act of 1958 (the Act) and Part to the Commission for decision without department o f h ea lth, ed u­ 261 of the Board’s Economic Regulations, preparing an initial decision or recom­ an agreement between various air car­ mended decision. catio n, AND WELFARE riers, foreign air carriers, and other car­ 2. It is ordered, That pursuant to sec­ Food and Drug Administration riers, embodied in the resolutions of tion 8(a) of the Administrative Proce­ Traffic Conference 1 of the International dure Act, 5 U.S.C. 1007(a), the proce­ [NDA Nos. 1-228, 1-628, 1-686] Air Transport Association (IATA), and dures established by FCC 63-261, 28 F.R. [Consolidated Docket No. FDC-D-88 (A-C) ] adopted pursuant to the provisions of 2873, are revised to direct that after ex­ Resolution 590 dealing with specific piration of time for submitting proposed c. B. KENDALL CO. ET AL. commodity rates. findings and conclusions with support­ The agreement, adopted pursuant to ing reasons as provided at 47 CFR 1.263 Notice of Opportunity for Hearing; unprotested notices to the carriers and and 1.264, the Chief, Common Carrier Correction promulgated in IATA Memoranda as set Bureau, shall prepare and issue a recom­ forth in the attachment hereto, (1) mended decision; and Tn F.R. Doc. 65-4893 appearing on names a rate under a new description, 3. It is further ordered, That the par­ Page 6445 in the issue of May 8, 1965, and (2) names additional specific com­ ties shall have the opportunity, within e following change should be made in modity rates.1 30 days after release is made of the full e next to the last paragraph of the text of the recommended decision, to notice: 1 Filed as part of original document. submit exceptions to the recommended 6800 NOTICES decision, or a statement in support of the munity Broadcasting, Inc.; (f) a petition will be appropriate in the remanded pro­ recommended decision in whole or in for leave to amend application, filed June ceeding to inquire into the impact which part, with, supporting reasons for such 24, 1964, by RAETA; (g) u petition to establishment of the Instructional Tele­ exceptions or statement, for considera­ reopen the record and tp remand, filed vision Fixed Service, may have upon the tion by the Commission ; and October 15,1964, by all parties to the pro­ RAETA proposal. In this connection, it 4. It is further ordered, That the fur­ceeding except RAETA, Rochester Tele­ is pertinent also to ascertain the impact ther procedures shall be pursuant to 47 casters, Inc., Rochester Broadcasting which a recent grant of a construction CFR Part 1 as though the Commission Corp., and the Chief, Broadcast Bureau; permit to the City School District of had initially decided the case. (h) the oral argument held November 2, Rochester, N.Y., (BPIF-28) in the In­ Adopted; May 5, 1965. 1964, before the Commission en banc, on structional Television Fixed Service may the exceptions to the Initial Decision, at have upon the RAETA proposal. Inas­ Released: May 7, 1965. which time each party was afforded the much as this proceeding is not one where F ederal Communications opportunity to address itself to the above- the VHF channel at issue provides the Com m ission,1 described petition to reopen the record last opportunity for an educational or­ [seal] B en F . W aple, and to remand, and when American ganization to program for the Rochester Secretary. Broadcasting Company was permitted to area, the fact that UHF Channel 21, re­ [F.R. Doc. 65-5262; Filed, May 18, 1965; participate as amicus curiae; (i) a letter served for educational use in Rochester, 8:45 a.m.] , - from counsel for Star Television, Inc., is not in use is another matter warranting dated February 11, 1965, informally ad­ consideration.8 Although the University [Docket No. 14394 etc.; FCC 65-403] vising the Commission that Mr. Isaac of the State of New York, State Educa­ Gordon (treasurer, director, and a 14 per­ tion Department, was granted a con­ FLOWER CITY TELEVISION CORP., cent stockholder) died on January 29, struction permit (BPET-6) on July 23, ET AL. 1965; and (j) the entire record herein. 1952, for a non-commercial educational 2. The Commission believes that the television broadcast station to operate on Memorandum Opinion and Order public interest would be best served at Channel 21 in Rochester, the station has In re applications of Flower City Tele­ this juncture by remanding the proceed­ not yet been built. The authorization is vision Corp., Rochester, N.Y., Docket No. ing on a reopened record to a Hearing still outstanding, however. Since the 14394, File No. BPCT-2929; Genesee Examiner so that further evidence may eventual use of Channel 21 in Rochester Valley Television Co., Inc., Rochester, be adduced regarding questions which may have a direct bearing upon the dis­ N.Y., Docket No. 14395, File No. BPCT- give the Commission some concern. position of the subject proceeding, the 2944; Rochester Area Educational Tele­ These questions are: (a) Whether alter­ Commission desires current information vision Association, Inc., Rochester, N.Y., native means are available for the broad­ on the permittee’s plans—or lack there­ Docket No. 14459, File No. BPCT-2943; cast of the type of educational program­ of—to construct and operate a station on Star Television, Inc., Rochester, N.Y., ming which RAETA proposes; and (b) Channel 21. Therefore, the permittee is Docket No. 14460, File No. BPCT-2948; whether a share-channel applicant such being made a party to this proceeding Community Broadcasting, Inc., Roches­ as RTI would provide an effectively com­ with its participation limited to explora­ ter, N.Y., Docket No. 14461, File No. petitive outlet for a third network service, tion of its plans for activation of its 13- BPCT-2953; Heritage Radio & Tele­ including the question whether American year-old construction permit. vision Broadcasting Co., Inc., Roches­ Broadcasting Co. would affiliate with such 5. Our determination to remand the ter, N.Y., Docket No. 14462, File No. an applicant. proceeding to inquire into other means BPCT-2961; Main Broadcast Co., Inc., 3. Since no specific issue was designated whereby RAETA’s proposal could be car­ Rochester, N.Y., Docket No. 14464, File to elicit information on whether RAETA ried out stems, in part, from discovery No. BPCT-2964; The Federal Broadcast­ could accomplish its objective by means of the fact that of RAETA’s proposed 44 ing System, Inc., Rochester, N.Y., Docket other than its present proposal, the Ex­ weekly broadcast hours, 18% hours No. 14465, File No. BPCT-2966; Citi­ aminer refused to admit evidence relat­ would be devoted to in-school program­ zens Television Corp., Rochester, N.Y., ing to other methods for doing so. Al­ ming with 10% of these hours being de­ Docket No. 14466, File No. BPCT-2967; though she stated originally that she voted to repeated in-school programs. Rochester Broadcasting Corp., Roches­ would take official notice of the then When nearly 41 percent of RAETA’s pro­ ter, N.Y., Docket No. 14467, File No. pending rule-making proceeding in posed programming would be devoted to BPCT-2972; Rochester Telecasters, Inc., Docket No. 14744, the Examiner later programs clearly not designed to be re­ Rochester, N.Y., Docket No. 14468, File reversed this ruling. ceived by the general public, a question No. BPCT-2974; for construction permits 4. We understand the Examiner’s re­ arises whether the use proposed of the for new television broadcast stations luctance to receive such evidence. Con­ VHF Channel at issue would constitute (Channel 13). sistent with RAETA’s right to file for the best available use. 1. The Commission has before it for Channel 13, she believed that taking 6. Uncertainty exists in the present consideration (a) the Initial Decision in official notice of the pendency of the rule- state of the record as to affiliation com­ the above-captioned proceeding (FCC making proceeding would result in the mitments from the American Broadcast­ 64D-5, released January 28, 1964) pro­ exploration of alternative means of ing Company network. Thus, RTI and posing grant of the applications of carrying out RAETA’s proposal, and each of the other commercial applicants Rochester Area Educational Television would introduce irrelevant considera­ proposes to affiliate with the ABC net­ Association, Inc. (RAETA), and Roches­ tions. This position would be correct in work. RTI alone of the applicants was ter Telecasters, Inc. (RTD, and denial of the usual circumstances. However, the unable to produce an affiliation commit­ the other applications;11 (b) the excep­ later adoption and issuance of a Report ment from ABC. The Examiner stated tions, with supporting briefs, of the par­ and Order in Docket No. 14744, establish­ that since there are three, television net­ ties, and replies to exceptions with sup­ ing an Instructional Television Fixed works; and since Channel 13 is the third porting briefs; (c) a petition for leave to Service,2 casts the matter in a different VHF Channel assigned to Rochester, she amend application, filed January 28,1964, light. The primary purpose of this a Although arising in a somewhat different by Heritage Radio & Television Broad­ newly-established service is to provide for context, compare Memorandum O p m ion ana casting Co., Inc.; (d) a brief as amicus the transmission of visual and aural Order, FCC 65-329, RM-321, released Apr. 2b, curiae filed with the Commission’s per­ instructional material to students en­ 1965, where the Commission stated, among mission on April 27, 1964, by American rolled in formal courses of instruction. other things, that even in the absence of Broadcasting Co.; (e) a request for offi­ Although the new service is intended to extensive UHF conversion generally^ cial notice, filed May 27, 1964, by Com- supplement, and hot replace; the educa­ present time, a UHF channel reserved fo tional television broadcast service, we educational use can be used to meet in « I Commissioners Bartley and Loevinger ab­ training and instructional educationa believe that we must note this significant of a given area; and that with the imp sent. development, because failure to do so tation of the all-channel receiver law it may II The application of Rochester Broadcast­ be expected that in ^ e reasonably near ing Corp. was denied by the Examiner as in would not be in accord with our public default for failtire to prosecute its applica­ interest responsibilities. Accordingly, it future the more general cultural and }i tional needs of an area may be ad eq uately tion. No exception to this action has been taken. 2 25 RR 1785, released July 30, 1963. Wednesday, M ay 19, 1965 FEDERAL REGISTER 6801 was “unable to find from the record that Commission believes that the back­ ing consistent with this Memorandum RTI (or any of the other commercial grounds of any replacements should be Opinion and Order; and applicants) will be unable to effectuate set forth so that the comparative qualifi­ It is further ordered, That American its proposed network programming. The cations of the applicants may be fully Broadcasting-Paramount Theatres, Inc. indications are to the contrary.” The evaluated. Cf. The Young People’s (ABC) and the University of the State of present record will not support an affirm­ Church of the Air, Inc., FCC 61-401, 21 New York, State Education Department, ative findings that ABC programming RR 476. In this manner, further com­ are made parties to this proceeding, with would be available to RTI. In this con­ parison of the applicants will be more their participation herein limited to the nection, we think it is advisable to have meaningful and more reflective of the areas of Commission concern treated in the record reflect the reasons of ABC for present realities. paragraphs 4 and 6 of this Memorandum its apparently ambivalent position as to 8. We invite changes in the program Opinion and Order; and possible affiliation with RTI. The proposals which have been advanced in It is further ordered, That the above- Examiner rejected evidence as to ABC’s the several applications. The ever- described petition to reopen the record reasons for its reluctance to affiliate with changing needs of a community such as and remand, filed October 15, 1964, is RTI, and an offer of proof was thereupon Rochester may now be somewhat differ­ granted to the extent indicated herein, made. Since the close of the record, we ent from those needs ascertained by the and otherwise is denied; and permitted ABC to file an amicus curiae applicants several years ago. If, during It is further ordered, That the above- brief addressed solely to the question the 90-day period provided herein, some described petitions for leave to amend whether a share-channel grant would of the applicants determine that the applications in various respects, and the prevent th e inauguration in Rochester needs previously ascertained by them request for official notice, are dismissed, of a third, competitive commercial serv­ are reflective of present needs, they may the materials contained therein to be ice. ABC was permitted also to partici­ so indicate when the material up-dating submitted as the respective applications pate as amicus curiae in the oral argu­ their applications is submitted. If are updated; and ment herein. Because of the importance others find that the needs are different It is further ordered, That the appli­ of the question of affiliation,4 we believe from those previously ascertained by cants herein, within 90 days from the that the Examiner’s ruling noted above them, the programming proposals in date of release of this Order, shall sub­ should be reversed,5 and that in the these instances may be modified to reflect mit any and all materials updating their remanded proceeding the reasons re­ any changes. What may be done with respective applications, consistently with garding network affiliation should be ex­ regard to ascertainment of present needs the terms of the Order herein. plored. To facilitate this, ABC will be in the Rochester area will, of course, made a party to the proceeding, with its have some bearing upon the planning Released: May 13,1965. participation restricted to this phase of and preparation comparative criterion. F ederal Communications the hearing. This is to be expected, for ascertainment Com m ission,1 7. In addition to remanding the pro­of needs necessarily entails elements of [seal] B en F. W aple, ceeding to explore the above-mentioned planning and preparation.- We believe Secretary. matters, the Commission believes that it that the 90-day period provided herein is advisable to have the record up-dated is ample for these purposes. [PB. Doc. 65-5263; Filed, May 18, 1965; as to all the applications. To this end, 9. The further hearing ordered herein 8:48 a.m.] a period of 90 days from the date of will commence within a reasonable time release of this order will be provided after the end of the 90-day period. No within which the parties may up-date further order will be issued by the Com­ [Docket Nos. 15803-15806; FCC 65M-601J their applications in the respects noted mission specifying the date of com­ JOHN N. TRAXLER ET AL. below. It should be stated at the outset mencement of the hearing. This date that the order herein is not to be con­ will be left to the discretion of the Hear­ Order Continuing Hearing strued as inviting the parties to submit ing Examiner, who is designated as pre­ In re applications of John N. Traxler virtually new applications; this is not siding officer by the Chief Hearing Ex­ and Alvera M. Traxler, husband and the case. The pending petitions for aminer, so that the hearing may be con­ wife, Delray Beach, Fla., Docket No. leave to amend certain of the applica­ ducted as expeditiously as possible con­ 15803, File No. BPH-3485; Sunshine tions disclose that, with the passage of sistent with the Hearing Examiner’s Broadcasting Co., Delray Beach, Fla., time, changes have occurred in the calendar of cases. Docket No. 15804, File No. BPH-4174; make-up of the applicants. Where in­ 10. The scope of the further hearing WLOD, Inc., Pompano Beach, Fla., voluntary changes have occurred in has been set out above.® Of necessity, Docket No. 15805, File No. BPH-4253; stockholdings or in officers and directors, findings as well as conclusions must be Boca Broadcasters, Inc., Pompano Beach, either because of death or disability of made as to these new areas of inquiry, as Fla., Docket No.' 15806, File No. BPH- principals, the applications are to be well as to revisions of such other areas 4605; for construction permits. made current to reflect such changes. as planning and preparation and pro­ To formalize the agreements and rul­ Changes of a voluntary nature will not posed programming. Since the Exami­ ings made on the record at a prehearing be permitted, for it is not the Commis­ ner who originally presided at the hear­ conference held on May 10, 1965 in the sion’s intention that the competitive ing is now unavailable, a question arises above-entitled matter concerning the Position of any applicant be improved to as to the completeness of the Initial De­ future conduct of this- proceeding: It is the prejudice of any other applicant. As cision which the newly assigned Hearing ordered, This 12th day of May 1965, that: to the changes which will be permitted, Examiner ' will render. Because we do Exchange of engineering exhibits is resulting from death or disability, the not envision a lengthy, full-scale hearing rescheduled for May 17, 1965; of the kind which led to the first Initial Exchange of lay exhibits is rescheduled Decision, we are of the view that after the for May 24, 1965; «-?*• f^vision Broadcasters, Inc., FCC customary hearing procedures have been Notification of witnesses is resched­ i 4 ttR 2d 119 (1965), where the Com- followed, the presiding officer should is­ uled for May 25, 1965; and ion stated, among other things, “whUe sue a document in the nature of a sup­ Hearing presently scheduled for May 8 neither our purpose nor function to plemental initial decision. Thereafter, 18, 1965 is continued to May 27, 1965. m»rw comPetitive equality in any given in accordance with the pertinent provi­ 6t’ we have a duty at least to take such Released: May 13, 1965. for mS as wil1 create greater opportunities sions of the Commission’s rules and TiPtn, effectivc competition among the regulations, the parties may perfect their F ederal Communications Rrn^rk® . in major markets. Peninsula appeals, if any, to the Commission. Com m ission, 243» 'eaStmg CorP- PCC 64-763, 3 RR 2d In view of the foregoing, It is ordered, [seal] B en F . W aple, This 12th day of May 1965, That the Secretary. ten^Iif reoPening on this question is to de- record herein is reopened and that the wrmirt 6 Thether an ABC affiliation with RTI [F.R. Doc. 65-5264; Filed, May 18, 1965; Detiti™f_ FF-1918 identical. The other parties are: Agreement FF—1956 between Atlas International Expediters, Inc., New George Rediker Shipping Corp., Forwarding Co., Inc., New York, N.Y. and York, N.Y., and Chase Leavitt & New York, N.Y______------FF-1920 Amco Custom Brokerage Co., Philadel­ Co., Portland, Maine______i FF-1922 Hudson Shipping Co., Inc., New phia, Pa. is a cooperative working ar­ William H. Masson, Inc., Baltimore, York, N.Y______FF-1932 rangement whereunder compensation Md., and General Foreign Freight Paul A. Boulo, Mobilè, Ala______FF—1934 received from ocean carriers in the form Forwarders, Norfolk, Va__ |____ _ FF—1924 The J. P. Fleisig Co., New York, N.Y_ FF-1939 of freight brokerage shall not be shared George W. Wise, Jr., Savannah, Ga., John S. Connor, Inc., Baltimore, Md_ FF-1947 by the parties. All compensation of this and J. H. Russell, New Orleans, La_____ —______FF-1927 Agreement FF-1921 between Sunshine nature will be received only by Atlas Behring-South Ports Shipping, Inc., Forwarders, Inc., Jacksonville, Fla., and Forwarding Co., Inc. Forwarding and Houston, Tex., and Amersped, Inc., H. A. Gogarty, Inc., New York, N.Y. is a service fees as agreed. New York, N.Y____^______FF-1928 cooperative working arrangement where­ Thomas Lisi, Gehrig Hoban & Co., Inc., New York, under forwarding and service fees are Secretary. N.Y., and T. D. Downing Co., Bos­ May 14,1965. ton, Mass______-______—.__ FF-1929 to be as follows: C. S. Greene & Co., Inc., Chicago, 111., To pass completed export declarations. $1. 25 [F.R. Doc. 65-5267; Filed, May 18, 1965; and American Union Transport To pass completed bill of lading___ 1. 25 8:48 a.m.J Forwarding, Inc., New York, N.Y_FF-1930 To prepare or complete and pass bill W. R. Zanes & Co., of Louisiana, of lading______—:____ 2.50 Inc., New Orleans, La., and M, J. To prepare or complete and pass Corbett & Co., Inc., New York, export declarations______2. 50 FEDERAL POWER COMMISSION Preparation of Consul documents___ 5.00 N.Y ______FF—1933 [Project No. 2507] H. E. Schurig & Co., Inc., Houston, Consular documents (at cost). Tex., and Tone Forwarding Corp., Telephone calls, teletypes or telegrams ONFEDERATED SALISH AND KOOTE­ New York, N.Y______FF-1940 (at co st). Francesco Parisi, Inc., New York, Ocean freight brokerage is to be di­ NAI TRIBES AND MONTANA POW­ N.Y., and FHlette Greene & Co., of vided equally on a 50/50 basis be­ ER CO. Tampa, Tampa, Fla FF-1941 tween both parties. - • lotice of Application for License for H. A. Gogarty, Inc., New York, N.Y., Hudson Shipping Co., Inc., New York, and W. O. Smith & Co., Inc., Nor­ N.Y. is party to the following agreements, Project C o m p r is in g Both , „ ’ folk, Va______FF-1945 structed and Unconstructed De­ Anderson Shipping Co., Savannah, the terms of which are identical. The Ga., and Wilk Forwarding Co., other parties are: velopments May 12, 1965. Jacksonville, Fla___ __; FF-1948 Morris Friedman & Co.,' Philadel­ George Rediker Shipping Corp., New phia, Pa i_.______.___ ._ i FF—19,25 Public notice is hereby given that ap- York, N.Y., and The Cottman Co,, Samuel Shapiro & Co., Inc., Balti­ Lication has been filed under the Federa Baltimore, Md___ _— ______!—_ FF-1949 more, Md______— FF-1926 ower Act (16 U.S.C. 791a-825:r) by the Bemo Shipping Co., New York, N.Y., George W. Wise, Jr., Savannah, Ga— FF-1943 onfederated Salish and Kootenai Tribes and The Hipage Co., Inc., Norfolk, Lyons Export & Import, Inc., Chi­ Va______i_i_____L.______[FF—1950 cago, 111______FF-1944 : the Flathead Reservation, Mont., an P. John Hanrahan, Inc., New York, ie Montana Power Co. N.Y., and J. H. Russell, New Or­ Triangle Forwarding Corp.,’New York, rated Tribes to: WUmn leans, La______FF-1951 N.Y. is party to the following agreements, Wednesday, M ay 19, 1965 FEDERAL REGISTER 6803

son, Cragun and Barker, Attention: John head River to Flathead Lake which between [Docket No. CP65-338] W. ■ Cragun, attorneys for Applicant elevations 2,883 and 2893 feet (msl) has a Tribes, 1616 H Street NW., Washington, storage capacity of 1,217,000 acre feet; a NORTHERN NATURAL GAS CO. D.C., 20006; Walter W. McDonald, Chair­ powerhouse consisting of a steel frame build­ ing housing three units having a total capac­ Order Consolidating Proceedings, Set­ man of Tribal Council, the Confederated ity of 168,000 kw; a transmission line about Salish and Kootenai Tribes, Dixon, Mont. 1,500 feet long; and appurtenant works. ting Date for Hearing, and Permit­ Correspondence for the Montana Power Protests or petitions to intervene may ting Interv'entions Co. to: J. E. Corrette, President, the Mon­ M ay 12, 1965. tana Power Co., Butte, Mont., 59701; be filed with the Federal Power Commis­ William H. Coldiron, attorney at law, 40 sion, Washington, D.C., 20426, in accord­ Notice of application in the above- East Broadway, Butte, Mont., 59701; Lee ance with the rules of practice and pro­ numbered docket, which was filed on S Sherline, 815 Connecticut Avenue NW., cedure of the Commission (18 CFR 1.8 or April 23, 1965, was issued by the Secre­ Washington, D.C., 20006; Willard W. 1.10). The last day upon which protests tary of the Commission on April 28,1965. Gatchell, attorney at law, Suite 307 or petitions may be filed is July 19, 1965. By said application Northern Natural Riddell Building, 1730 K Street NW., The application is on file with the Com­ mission for public inspection. Gas Co. proposes to construct and op­ Washington, D.C.) for license for Project erate measuring facilities at the tailgate No. 2507, consisting ot two hydroelectric J oseph H. G utride, of the plant of Humble Oil and Refining developments to be constructed at Buffalo Secretary. Rapids sites Nos. 2 and 4, and the con­ Co. in the Gomez Field of Pecos County, IFR. Doc. 65-5239; Filed, May 18, 1965; Tex., and approximately 12 miles of 24- structed Kerr development, all on the 8:46 am .] Flathead River in the counties of Flat- inch pipeline from such measuring facili­ head, Lake, and Sanders in Montana, ties to the beginning of Northern’s 24- near Poison, and affecting lands of the [Docket No. G-8052, etc.] inch Coyanosa to Kermit line proposed United States held in trust for the Con­ HUSKY OIL CO. in Docket No. CP65-1. federated Salish and Kootenai Tribes Northern requests that this application of the Flathead Reservation. The un­ Notice of Application be consolidated for hearing with the constructed and constructed develop­ ments of Project No. 2507 are described M ay 12,1965. proceedings in Northern Natural Gas Co., as follows: Take notice that on February 15,1965, Dockets Nos. CP65-1, CP65-91; Natural Gas Pipeline Co. of America, Docket No. Buffalo Rapids No. 4 (Proposed). Located Husky Oil Co. (Applicant), formerly ait river mile 37, would consist of a concrete Husky, Inc., filed in Docket No. G-8052, CP65-169; Transwestern Pipeline Co., gravity dam 830 feet long with a maximum et al.,1 an application pursuant to sec­ Docket Nos. CP65-208, CP65-236 and height of 130 feet abutting an earth fill dam tion 7 (c) of the Natural Gas Act to CP65-237, which proceedings are set for 1,120 feet long; a reseyvqir having a storage amend the orders issuing certificates of hearing on May 25,1965. capacity of about 113,000 acre feet and a sur­ public convenience and necessity in said The Commission finds : face area of about 3,370 acres extending dockets by substituting Applicant as cer­ about 24 miles upstream to the powerhouse tificate holder, all as more fully set forth (1) The application in Docket No. of Buffalo Rapids No. 2; a semi outdoor in the application which is on file with CP65-338 involves issues related to the powerhouse integral with the dam structure issues presented by the applications in and having an installed capacity of 120,000 the Commission and open to public in­ kw in two units; a transmission line, 1.5 spection. the proceedings in Docket No. CP65-1, miles long; and appurtenant works. Buffalo Certificates were issued in the subject et al., referred to supra, which are sched­ Rapids No. 2 (Proposed). Located at river dockets to Husky Oil Co. Husky Oil uled for hearing commencing May 25, mile 61, would embody a concrete gravity Co. was merged by Husky, Inc., effective 1965. It is necessary and appropriate dam 788 feet long with a maximum height December 31, 1964, and Husky, Inc., of 110 feet abutting an earth fill dam 1,360 in the administration of the Natural Gas feet long; a reservoir having a storage capac­ changed its name to Husky Oil Co. The Act that this application be consolidated ity of about 121,000 acre feet and a surface application states that Applicant will with the above-described proceedings in area of 3,350 acres extending about 11 miles continue to sell natural gas under the Docket No. CP65-1, et al., and set for upstream to the Kerr powerhouse; a semi- predecessor Husky Oil Co. rate sched­ outdoor powerhouse integral with the dam ules. Details of the application are set hearing on May 25, 1965. and having an installed capacity of 120,000 forth in the Appendix below. (2) It is desirable to allow all inter­ kw; a transmission line 1.5 miles long; and Protests or petitions to intervene may veners in the proceedings in Docket No. appurtenant - works. Kerr (Constructed). Located at approximately river mile 72, was be filed with the Federal Power Commis­ CP65-1, et al., to intervene herein in constructed under a license issued for Proj­ sion, Washington, D.C., 20426, in accord­ order that they may establish the facts ect No. 5, May 23, 1930, and placed in opera­ ance with the rules of practice and pro­ and law from which the nature and tion on May 20, 1939. It consists of a vari­ cedure (18 CFR 1.8 or 1.10) on or before validity of their alleged rights and in­ able radius concrete arch dam 381 feet long June 1, 1965. terests may be determined and show and 200 feet high abutting a gravity section; J oseph H. G utride, a reservoir extending 4 miles up the Flat­ what further action may be appropriate Secretary. under the circumstances in the adminis­ Appendix tration of the Natural Gas Act. The Commission orders: Predeces­ Price Pressure Docket N o. sor's FPC Purchaser location (A) The application herein is hereby gas rate (cents/ base schedule Mcf) (p.s.i.a.) consolidated with the proceedings in Northern Natural Gas Co., Docket No. G-8052..... 1 Mountain Fuel Supply Co.. Ace Unit Field, Moffat County, 13.0 15.025 CP65-1, et al., and is set for public hear­ G-8053__ Colo. ing on the issues presented in said appli­ 4 ----- do...... Salt Wells Field, Sweetwater 13.0 15.025 0-8056__ County, Wyo. cation in a hearing room of the Federal 3 El Paso Natural Gas C o.... Langlie-Mattix Field, Lea ‘ 15.1132 14.65 County, N. Mex. Power Commission, 441 G Street NW., G-8057 5 ...... do...... *■__ Washington, D.C., commencing at 10 CI60-423 2 8 -----do______0.0 14.65 CI60-423 "" 2 9 9.0 Ï. 14.65 a.m. on May 25,1965. CI6I-186.::------do...... * 15.1132 14.65 *10 Montana-Dakota Utilities Manderson-Slick Creek area, Big 10.0 15.025 (B) All parties heretofore .permitted CI61-1574_! Co. Horn County, Wyo. CI64-1097. 211 -----do____ 11.65 15.025 to intervene in the proceedings in Docket 12 Mountain Fuel Supply Co.. Little Snake Unit area, Moffat 15.0 15.025 County, Colo, and Sweetwater No. CP65-1, et al., are hereby permitted County, Wyo. to intervene herein. By the Commission. i et al.” ective subject to refund in Docket No. RI60-13. [seal] J oseph H. G utride, [F.R. Doc. 65-5240; Filed, May 18, 1965; 8:46 a.m.] Secretary. [FR. Doc. 65-5241; Filed, May 18, 1965; Additional dockets are listed in the appendix. 8:47 a.m.] 6804 NOTICES to the Regional Director of Community FEDERAL RESERVE SYSTEM Facilities, Region III (Atlanta), taken SECURITIES AND EXCHANGE on or after May 15, 1963, and through UNITED CALIFORNIA BANK August 17,1963, under the title of Acting COMMISSION Order Approving Merger of Banks Regional Director of Community Facilir [File No. 811-672] ties, Region III (Atlanta), by the offi­ In the matter of the application of cers appointed to the following listed INVESTORS INTER-CONTINENTAL United California Bank for approval of positions in Region III, are hereby rati­ FUND, LTD. merger with Bank of Ceres. fied and effective as if authorized on the There has come before the Board of date taken: Notice of Filing of Application for Governors, pursuant to the Bank Merger 1. Deputy Regional Administrator. Order Declaring That Company Has Act of 1960 (12 U.S.C. 1828(c)), an ap­ 2. Deputy Regional Director of Com­ Ceased To Be an Investment Com­ plication by United California Bank, Los munity Facilities. pany Angeles, Calif., a State member bank of 3. Chief, Public Facilities Operations M ay 13, 1965. the Federal Reserve System, for the Staff. Board’s prior approval of the merger of 4. Chief, Finance Staff. Notice is hereby given that an ap­ that bank and Bank of Ceres, Ceres, 5. Chief, Engineering Staff. plication has been filed pursuant to sec­ Calif., under the charter and title of tion 8(f) of the Investment Company United California Bank. As an incident (62 Stat. 1283 (1948), as amended by 64 Act of 1940 (“Act”) for an order of the to the merger, the sole office of Bank of Stat. 80 (1950), 12 U.S.C. 1701c) Commission declaring that Investors Ceres would become a branch of the re­ Issued as of the 19th day of May 1965. Inter-Continental Fund, Ltd. (“appli­ cant’.’) 1000 Roanoke Building, Minne­ sulting bank. Notice of the proposed [seal] R obert C. W eaver, merger, in form approved by the Board, Housing and Home Finance apolis, Minn., a registered open-end has been published pursuant to said Act. Administrator. diversified management investment com­ Upon consideration of all relevant pany, has ceased to be an investment material in the light of the factors set {F.R. Doc. 65-5257; Filed, May 18, 1965; company. All interested persons are re­ forth in said Act, including reports fur­ 8:48 a.m.] ferred to the application on file with the nished by the Comptroller of the Cur­ Commission for a complete statement of rency, the Federal Deposit Insurance the representations summarized below. Corporation, and the Attorney General ACTING REGIONAL DIRECTOR OF Applicant was incorporated on Novem­ on the competitive factors involved in the ber 30, 1954 under the Companies Act proposed merger, COMMUNITY FACILITIES, REGION of Canada and was registered under the It is hereby ordered, for the reasons set III (ATLANTA) Investment Company Act on March 30, forth in the Board’s Statement1 of this 1955. On June 30, 1964 in accordance date, that said application be and hereby Designation; Ratification with a plan of reorganization approved is approved, provided that said merger 1. Designation. The officers appointed by its shareholders on that date, appli­ shall not be consummated (a) within to the following listed positions in cant transferred its assets after debts, seven calendar days after the date of this Region m (Atlanta) are hereby desig­ liabilities and obligations had been paid Order or (b) later than three months nated to serve as Acting Regional Direc­ or duly provided for to Investors Inter­ after said date. tor of Community Facilities, Region III Continental Fund, Inc., a Nevada cor­ (Atlanta), during the present vacancy poration and a registered open-end Dated at Washington, D.C., this 12th diversified investment company, in ex­ day of May, 1965. in the position of Regional Director of Community Facilities, Region m, with change for the capital stock of that Com­ By order of the Board of Governors.2 pany which was distributed on a pro rata all the powers, functions and duties re­ basis to the shareholders of applicant. [ seal] M erritt S herman, delegated or assigned to the Regional Since that date applicant has not had Secretary. Director of Community Facilities, Region III, provided that no officer is authorized any securities outstanding, and does not [F.R. Doc. 65-5227; Filed, May 18, 1965; propose to acquire any assets, issue any 8:45 a.m.] to serve as Acting Regional Director of Community Facilities, Region III, unless securities or conduct any business. all other officers whose titles precede his Section 8(f) of the Act provides, in in this designation are unable to act by pertinent part, that whenever the Com­ HOUSING AND HOME reason of absence:. mission upon application finds that a a. Deputy Regional Administrator. registered investment company has FINANCE AGENCY b. Deputy Regional Director of Com­ ceased to be an investment company, munity Facilities. it shall so declare by order and upon the Office of the Administrator taking effect of such order the registra­ c. Chief, Public Facilities Operations tion of such company shall cease to be RATIFICATION OF ACTS TAKEN Branch. d. Chief, Finance Branch. in effect. UNDER THE TITLE OF ACTING RE­ e. Chief, Engineering Branch. Notice is given that any interested GIONAL DIRECTOR OF COMMU­ person may, not later than June 1,1965 NITY FACILITIES, REGION III (AT­ Effective as of the 19th day of May at 5:30 p.m. submit to the Commission LANTA) 1965. in writing a request for a hearing on the 2. Ratification. Acts consistent with matter accompanied by a statement as Acts consistent with the powers, func­ the designation in paragraph 1 of this to the nature of his interest, the reason tions, and duties redelegated or assigned for such request and the issues of document taken on or after August 18, fact or law proposed to be contro­ 1 Filed as part of the original document. 1963, and up to the effective date of such verted, or he may request that he be Copies available upon request to the Board designation are hereby ratified and effec­ notified if the Commission shall order of Governors of the Federal Reserve System, tive as if authorized on the date taken. Washington, D.C., 20551, or to the Federal a hearing thereon. Any such com­ Reserve Bank of San Francisco. Dissenting Issued as of the 19th day of May 1965. munication should be addressed: Sec­ Statement of Governor Robertson also filed (62 Stat. 1283 (1948) , as amended by 64 Stat. retary, Securities and Exchange Com­ as part of the original document and avail­ 80 (1950), 12 U.S.C. 1701c) mission, Washington, D.C., 20549- able upon request. copy of such request shall be served per­ 2 Voting for this action; Chairman Martin, [seal] R obert C. W eaver, sonally or by mail (air mail if the Person and Governors Balderston, Shepardson, and Housing and Home Finance being served is located more than ouu Mitchell. Voting against this action: Gov­ Administrator. ernor Robertson. Absent and not voting : miles from the point of mailing) uP°n Governor Daane. Governor Maisel did not [F.R. Doc. 65-5258; Filed, May 18, 1965; applicant at the address stated above. participate in this action. 8:48 a.m.] Proof of such service (by affidavit or m Wednesday, M ay 19, 1965 FEDERAL REGISTER 6805 case of an attomey-at-law by certificate) Mass. Electric has applied to the Mas­ Small Buslnéss Act, as amended, may be phaii be filed contemporaneously with sachusetts Department of Public Utilities received and considered by the Offices the request. At any time after said date, for authorization of the proposed issue below indicated from persons or firms as provided by Rule 0-5 of the rules and and sale of additional shares of common whose property, situated in the aforesaid regulations promulgated under the Act, stock. A copy of the order entered County and areas adjacent thereto, suf­ an order disposing of the application therein is to be supplied by amendment. fered damage or destruction resulting herein may be issued by the Commission It is represented that no other State from floods and accompanying condi­ upon the basis of the showing made in commission and no Federal commission, tions occurring on or about May 2, 1965. said application, unless an order for other than this Commission, has juris­ Office: SmaU Business Administration Re­ hearing upon said application shall be diction over the proposed transactions. gional Office, 1149 Bethel Street, Honolulu, issued upon request or upon the Com­ Notice is further given that any in­ Hawaii, 96813 mission’s own motion. terested person may, not later than 2. A temporary office will be established For the Commission (pursuant to dele­ June 14, 1965, request in writing that a in necessary area, address to be an­ gated authority). hearing be held on such matter, stating the nature of his interest, the reasons for nounced locally. [seal] O rval L. D uB ois, such request, and the issues of fact or 3. Applications for disaster loans under Secretary. the authority of this Declaration will not law raised by said joint application-dec­ be accepted subsequent to November 30, [FH. Doc. 65-5237; Filed, May 18, 1965; laration which he desires to controvert; 1965. 8:46 a.m.] or he may request that he be notified if the Commission should order a hearing Dated: May 5,1965. thereon. Any such request should be R o ss D. D avis, [File No. 70-4278] addressed: Secretary, Securities and Ex­ Executive Administrator. MASSACHUSETTS ELECTRIC CO. AND change Commission, Washington, D.C., [PH. Doc. 65-5229; Filed, May 18, 1965; NEW ENGLAND ELECTRIC SYSTEM 20549. A copy of such request should be 8:45 a.m.] served personally or by mail (air mail Notice of Proposed Increase in Au­ if the person being served is located more thorized Shares of Common Stock than 500 miles from the point of mailing) and Issuance and Sale Thereof to upon the applicants-declarants at the INTERSTATE COMMERCE above-stated address, and proof of serv­ Holding Company ice (by affidavit or, in case of an attorney COMMISSION M ay 13,1965. at law, by certificate) should be filed Notice is hereby given that New Eng­ contemporaneously with the request. NOTICE OF FILING OF MOTOR CAR­ land Electric System - (“NEES”) , 441 At any time after said date, the joint RIER INTRASTATE APPLICATIONS application-declaration, as filed or as it Stuart Street, Boston, Mass., 02116, a M ay 14,1965. registered holding company, and one of may be amended, may be granted and its electric utility subsidiary companies, permitted to become effective as provided Thé following applications for motor Massachusetts Electric Co. (“Mass. Elec­ in Rule 23 of the general rules and regu­ common carrier authority to operate in tric”), have filed a joint application- lations promulgated under the Act, or intrastate commerce seek concurrent declaration with this Commission pur­ the Commission may grant exemption motor carrier authorization in interstate suant to the Public Utility Holding from such rules as provided in Rules or foreign commerce within the limits Company Act of 1935 (“Act”) , designat­ 20(a) and 100 thereof or take such other of the intrastate authority sought, pur­ action as it may deem appropriate. suant to section 206(a) (6) of the Inter­ ing sections 6(a) (2), 6(b), 7, 9(a), and state Commerce Act, as amended Oc­ 10 of the Act as applicable to the pro­ For the Commission (pursuant to dele­ tober 15, 1962. These applications are posed transactions. All interested per­ gated authority). sons are referred to the joint application- governed by special rule 1.245 of the declaration, on file at the office of the [seal] O rval L. D uBo is, Commission’s rules of practice, pub­ Commission, for a statement of the Secretary. lished in the F ederal R egister, issue of transactions therein proposed which are [F.R. Doc. 65-5238; Filed, May 18, 1965; April 11, 1963, page 3533, which pro­ 8:46 a.m.] vides, among- other things, that protests summarized below. and requests for information concerning Mass. Electric proposes to increase its the time and place of State Commission authorized and outstanding shares of $25 hearings or other proceedings, any sub­ par value common stock (all of which are SMALL BUSINESS sequent changes therein, and any other owned by NEES) from 2,073,436 to related matters shall be directed to the 2,216,293 shares. Mass. Electric further ADMINISTRATION State Commission with which the ap­ Proposes to issue and sell, and NEES plication is filed and shall hot be ad­ Proposes to acquire, the 142,857 addi­ [Declaration of Disaster Area 525] tional shares of common stock of Mass. dressed to or filed with the Interstate Electric at a price of $70 per share or HAWAII Commerce Commission. for an aggregate price of $9,999,990. State Docket No. M-3668, filed April Declaration of Disaster Area 28, 1965. Applicant: CARTER TRUCK Mass. Electric presently has outstand- LINE, INC., 500 North Third Street, Fort w $11,5M,000 of short-term notes pay­ Whereas*, it has been reported that able to NEES, evidencing borrowings during thé month of May 1965, because Smith, Ark. Certificate of public con­ inade for construction. The proceeds of the effects of certain disasters, dam­ venience and necessity sought to operate from the issue and sale of the additional age rèsulted to .residences and business a freight service as follows: Transporta­ common stock will be applied to the pay­ property located in Honolulu County in tion of general commodities, between ment, in part, of the then outstanding the State of Hawaii; Ozark, Ark., and Cass, Ark., from Ozark, snort-term notes. - Mass. Electric de­ Whereas, the Small Business Admin­ over Arkansas Highway 23, and return sires to consummate the proposed trans- istration has investigated and has re­ over the same route. * actions in order to finance permanently ceived other reports of investigations of HEARING: May 24, 1965, at 10 a.m. at capitalizable expenditures. conditions in the area affected; the Justice Building, Little Rock, Ark. Whereas, after reading and evaluating Requests for procedural information in­ The fees and expenses to be paid in cluding the time for filing protests, con­ connection with the proposed transac- reports of such conditions, I find that the conditions in such area constitute a cerning this application should be ad­ are estimated to aggregate $200 for dressed to the Arkansas Commerce Com­ NEES and $13,544 for Mass. Electric. catastrophe within thé purview of the Small Business Act, as amended. mission, Justice Building, Little Rock, ■The latter amount consists of $1,000 for Now, therefore, as Executive Adminis­ Ark., 72201, and should not be directed services performed at cost by the system trator of the Small Business Administra­ to the Interstate Commerce Commission. service company, $10,000 for original tion, I hereby determine that: State Docket No. assigned MC 4479 *ue stamP tax, and $2,544 for State 1. Applications for disaster loans under Sub 1, filed January 20, 1965. Appli­ filing fees. the provisions of section 7(b) (1) of the cant: KNOXVILLE-M ARYVILLE 6806 NOTICES MOTOR EXPRESS, INC., ’1910 Univer­ Service Commission, Lewis Cass Build­ fective January 1, 1964. These rules sity Avenue NW., Knoxville, Tenn. Ap­ ing, Lansing, Mich., 48913. Requests for provide, among other things, that a pro­ plicant’s representative: John T. Gil­ procedural information, including the test to the granting of an application bertson, 100 Knox Federal Building, time for filing protests, concerning this must be filed with the Commission with­ Knoxville, Tenn., 37902. Certificate of application should be addressed to the in 30 days after date of notice of filing public convenience and necessity sought Michigan Public Service Commission, of the application is published in the to operate a freight service as follows: Lewis Cass Building, Lansing, Mich., F ederal R egister. Failure seasonably Transportation of general commodities 48913, and should not be directed to the to file a protest will be construed as a (excluding household goods and liquid Interstate Commerce Commission. waiver of opposition and participation commodities in bulk), from Oak Ridge to State Docket No. assigned 12890, filing in the proceeding. A protest under these Oliver Springs and Wartburg, Tenn., on date unknown. Applicant: Duncan rules should comply with § 1.40 of the State Route 62, including Petros on Motor Lines, Easley, S.C. Applicant’s general rules of practice which requires State Route 116; from Wartburg to Sun- attorney: John T. Gentry, Pickens, S.C. that it set forth specifically the grounds bright on U.S. 27, and return, serving all Certificate of public convenience and upon which it is made and specify with intermediate points; Wartburg to Har- necessity sought to operate a freight particularity the facts, matters, and riman, Tenn., via Route 27 on to High­ service as follows: Transportation of (1) things relied upon, but shall not-include way Junction of Route 27; thence U.S. General commodities (except petroleum issues or allegations phrased generally. Highway 70 and/or 140 to Rockwood, products in bulk, in tank trucks, Classes Protests not in reasonable compliance Tenn.; thence U.S. Highway 70 and/or A and B explosives and Classes A, C, with the requirements of the rules may 140 Junction; thence U.S. Highway 70 and D poisons as defined under Ex­ be rejected. The original and six (6) and/or 140 to Rockwood, Tenn.; thence plosives and other Dangerous Articles copies of the protest shall be filed with U.S. 70 and/or 140 to Midtown, Kings­ in American Trucking Association, the Commission, and a copy shall be ton and Knoxville, Tenn. All of said Inc., agent, Tariff No. 10, MF-ICC No. served concurrently upon applicant’s routes to be operated in conjunction with 11, PSCSC No. 11, supplements there­ representative, or applicant if no repre­ carrier’s present authority. Alternate to or reissues thereof; and house­ sentative is named. If the protest in­ route: Oliver Springs to Harriman, hold goods and related articles, as de­ cludes a request for oral hearing, such Tenn., via State Route 81 and U.S. High­ fined in Motor Truck Rate Bureau, request shall meet the requirements of way 27, serving all intermediate points agent, Household Goods Tariff, Motor § 1.247(d) (4) of the special rule. Sub­ on said highways and State Docket No. Freight Tariff No. 8-D, SCPSC-MF No. sequent assignment of these proceedings assigned MC 4479 Sub 2, filed April 5, 79, supplements thereto or reissues for oral hearing, if any, will be by Com­ 1965. Certificate of public convenience thereof), between points and places in mission order which will be served on and necessity sought to operate a freight Greenville and Pickens Counties, and each party of record. service as follows: Transportation of gen­ between points and places in these coun­ No. MC 409 (Sub-No. 21) filed April 23, eral commodities (excluding household ties and points and places in South Caro­ 1965. Applicant: O. E. POULSON, INC., goods and liquid commodities in bulk) lina; (2) farm commodities, between Elm Creek, Nebr. Applicant’s attorney:. from Knoxville, Tenn., via State High­ points and places in Greenville and Donald E. Leonard, Box 2028, 605 South ways 33 and 131, to Junction of State Anderson Counties, and between points 14th Street, Lincoln, Nebr. Authority Highway 131 and State Highway 61; and places in these counties and points sought to operate as a common carrier thence on State Highway 61 to Luttrell, and places in South Carolina; and (3) by motor vehicle, over irregular routes, Tenn., and return, serving Luttrell, Tenn. builders’ supplies (brick, stone, sand, transporting: Liquid animal feed ingredi­ Alternate route: from Knoxville via U.S. lumber), between points and places in ents, not produced from animal fats or 11W to Highway Junction of State High­ Anderson, Greenville, Greenwood, Oco­ vegetable oils, in bulk, in tank vehicles, way 61 to Luttrell, Tenn., and return. nee, and Spartanburg Counties, and be­ from Crete, Nebr., to points in Arkansas, Colorado, Iowa, Kansas, Louisiana, Min­ N o t e : Applicant states in MC 4479 Sub 1, tween points and places in these counties the proposed service is, “with all of said and points and places in South Carolina. nesota, Missouri, Nebraska, New Mexico, routes, if granted, to be operated in con­ HEARING: June 22, 1965, at 11 a.m. North Dakota, Oklahoma, South Da­ junction with carrier’s present authority. at the Commission’s Offices in the Wade kota, Texas, and Wyoming, and dam­ The carrier seeks authority to conduct intra­ Hampton Office Building, Columbia, S.C. aged and rejected shipments on return. state operations jointly with interstate Requests for procedural information in­ N o t e : If a hearing is deemed necessary, freight from and to all of said points,” with cluding the time for filing protests, con­ applicant requests it be held at O m aha, Nebr. reference to MC 4479 Sub 2, Applicant states “this route to be operated in conjunction cerning this application should be ad­ No. MC 531 (Sub-No. 187), filed April with carrier’s present authority.” dressed to the South Carolina Public Service Commission, Wade Hampton 58, 1965. Applicant: YOUNGER HEARING: June 16, 1965, at 9:30 a.m. State Office Building, Columbia 1, S.C., 3ROTHERS, INC., 4904 Griggs Road, (e.s.t.) at the Andrew Johnson Hotel, and should not be directed to the Inter­ Houston, Tex. Authority sought to oper­ Knoxville, Tenn. state Commerce Commission. ate as a common carrier, by motor ve- Requests for procedural information licle, over irregular routes, transporting. including the time for filing protests, — By the Commission. Silica gel catalyst, in bulk, in pneumatic concerning these applications should be [seal] B ertha F. Armes, lopper tank vehicles, from Brian, La., to addressed to the Tennessee Public Serv­ Acting Secretary. 31ue Island and Wood River, 111., :Indi- ice Commission, Cordell Hull Building, mapolis, Ind., Louisville and Leach, Ky-, [F.R. Doc. 65-5256; Filed, May 18, 1965; Port Reading, N.J., Tonawanda, N.Y., Nashville, Tenn., 37219, and ^should not 8:48 a.m.] be directed to the Interstate Commerce md Warren and Marcus Hook, Pa. Commission. N o t e : Common control may be State Docket No. assigned C-6714 Case [Notice 769] [f a hearing is deemed necessary, appUc No. 13, filed April 13, 1965. Applicant: •equests it be held at Washington, D. . MOTOR CARRIER, BROKER, WATER CENTRAL TRANSPORT, INC., 3399 No. MC 1124 (Sub-No. 203) East McNichols Road, Detroit, Mich., CARRIER, AND FREIGHT FOR­ 22, 1965. Applicant: HERRIN TRANS­ 48212. Applicant’s attorney: George W. WARDER APPLICATIONS PORTATION COMPANY, a coloration, Loomis, 117 West Allegan Street, Lans­ M ay 14, 1965. 2301 McKinney Avenue, Houston, ie . ing, Mich., 48933. Certificate of public Applicant’s attorney: Leroy Hallma , convenience and necessity sought to The following applications are gov­ First National Bank Building, Dallas , operate a freight service as follows: erned by Special Rule 1.2471 of the Com­ rex. Authority sought to operate Transportation of general commodities, mission’s general rules of practice (49 common carrier, by motor vebic , from the junction Interstate Highway CFR 1.247) , published in the F ederal regular routes, transporting. 96 and U.S. Highway 24 via Interstate R egister, issue of December 3, 1963, ef- commodities (except commod Highway 96 to junction U.S. Highway 23 bulk, livestock, Classes A and. B exp serving only those points otherwise 1 Copies of Special Rule 1.247 can be sives and household goods as defined W authorized to serve. obtained by writing to the Secretary, Inter­ the Commission), serving the pi HEARING: June 8, 1965 at 9:30 a.m. state Commerce Commission, Washington, n c R h Register Co. io at the offices of the Michigan Public D.C., 20423. Wednesday, M ay 19, 1965 FEDERAL REGISTER 6807 cated near Jacksonville, Fla., as an off- U.S. Highway 611, thence over U.S. High­ Fla.„ 32202. Authority sought to operate route point in connection with appli­ way 611 to Scranton and return over the as a common carrier, by motor vehicle, cant’s authorized regular route opera­ same route, serving all intermediate over irregular routes, transporting: tions. points and all off-route points in Penn­ Household goods, as defined by the Com­ Note: I f a hearing is deemed necessary, sylvania within 15 miles of the above de­ mission, between points in that part of applicant requests it be held at Jacksonville, scribed highways; (c) from Camden over Alabama, Florida, Georgia, and South Fla. U.S. Highway 30 to junction U.S. High­ Carolina bounded by a line beginning at way 611, thence over U.S. Highway 611 Greenwood, S.C., and extending south­ No. MC 2202 (Sub-No. 276) (AMEND­ to junction U.S. Highway 309, thence east along U.S. Highway 178 to junction MENT), filed April 1, 1965, published over U.S. Highway 309 to junction In­ U.S. Highway 21, thence south along U.S. F ederal R e g is t e r issue, April 21, 1965, terstate H’ghway 276, thence over In­ Highway 21 to junction UB. Highway and republished as amended this issue. terstate Highway 276 to junction Penn­ 17, thence south along U.S. Highway 17 Applicant: ROADWAY EXPRESS, INC., sylvania Turnpike Northeast Extension, to the South Carolina-Georgia State 1077 Gorge Boulevard, Post Office Box thence over Pennsylvania Turnpike line thence southeast along the South 471, Akron, Ohio, 44309. Applicant’s at­ Northeast Extension to Scranton and re­ Carolina-Georgia State line to the At­ torney: William O. Turney, 2001 Massa­ turn over the same route, serving all in­ lantic Ocean, thence south along the chusetts Avenue NW., Washington, D.C., termediate points and all off-route points Georgia coastline on the Atlantic Ocean 20036. Authority sought to operate as a within 15 miles of the aboVe described to the Georgia-Florida State line, thence common carrier, by motor vehicle, over highways; and (d) from Camden over west along the Georgia-Flbrida State regular routes, transporting: General U.S. Highway 30 to junction U.S. High­ line to its junction with U.S. Highway commodities (except those of unusual way 611, thence over U.S. Highway 611 441, thence south along U.S. Highway value, Classes A and B explosives, live­ to junction U.S. Highway 1, thence over 441 to Lake City, Fla., thence south stock, household goods as defined by the U.S. Highway 1 to junction U.S. High­ along U.S. Highway 41 to Archer, Fla., Commission, commodities in bulk, and way 422, thence over U.S. Highway 422 to thence southwest along Florida Highway those requiring special equipment), be­ Reading, Pa. 24 to the Gulf of Mexico, thence north tween Wilmington, Del. and junction Thence over Pennsylvania Highway 61 and west along the Florida coastline on Pennsylvania Highway 41 and U.S. to Pottsville, Pa., thence over U.S. High­ the Gulf of Mexico to a point on the Highway 30, from Wilmington over Dela­ way 209 to junction U.S. Highway 309, coast south of U.S. Highway 331, thence ware Highway 48 to junction Delaware thence over U.S. Highway 309 to junction north along U.S. Highway 331 to De- Highway 41, thence over Delaware High­ Interstate Highway 81, (also from junc­ Funiak Springs, Fla., thence north along way 41 to the Delaware-Pennsylvania tion U.S. Highway 422 and Pennsylvania Florida Highway 83 to junction Florida State line, thence over Pennsylvania Highway 100, over Pennsylvania Highway Highway 2, thence northeast along Highway 41 to junction U.S. Highway 30, 100 to junction Pennsylvania Highway Florida Highway 2 and 183 to the and return over the same route, as an 29, thence over Pennsylvania Highway 29 Florida-Alabama State line, thence alternate route for operating convenience to Hazleton, Pa., thence over U.S. High­ northeast along Alabama Highway 27 to only in connection with applicant’s regu­ way 309 to junction Interstate Highway Geneva, Ala., thence northeast along lar route operations, serving no inter­ 81; and also from Reading, Pa., over UB. Alabama Highway 52 to Dothan, Ala., mediate points. Highway 222 to Allentown, Pa., thence thence north along U.S. Highway 431 Note: The purpose of this republication over U.S. Highway 309 through Tama- to Eufala, Ala., thence northwest along Is to clarify the route description above by qua, Pa., to junction Interstate Highway U.S. Highway 82 to Union Springs, Ala., adding the line “to Junction Delaware High­ 81), thence over Interstate Highway 81 thence north along U.S. Highway 29 to way 41, thence over Delaware Highway 41”. to Scranton and return over the same If a hearing is deemed necessary, applicant Tuskegee, Ala., thence north along Ala­ requests it be held at Washington, D.C. route, serving all intermediate points and bama Highway 81 to Notasulga, Ala., all off-route points within 15 miles of the thence west along Alabama Highway 14 No. MC 2202 (Sub-No. 278), filed April above described highways (1) between to Tallapoosa, Ala., thence north along 26, 1965. Applicant: ROADWAY EX­ Camden, N.J., and Reading, Pa., and (2) Alabama Highway 49 to Newsite, Ala., PRESS, INC., 1077 Gorge Boulevard, Post located east of the-Jiighways traversed thence northeast along Alabama High­ Office Box 471, Akron, Ohio, 44309. Ap­ from Reading over Pennsylvania High­ way 22 to the Alabama-Georgia State plicant’s attorney: Russell R. Sage, 2001 way 61 to Pottsville, Pa., thence over U.S. line, thence north along the Alabama- Massachusetts Avenue NW., Washington, Highway 209 to Tamaqua, Pa., thence Georgia State line to junction with U.S. D.C., 20036. Authority sought to op­ over U.S. Highway 309 to junction Inter­ Highway 78, thence east along U.S. erate as a common carrier, by motor ve­ state Highway 81, thence over Interstate Highway 78 to Athens, Ga., thence east hicle, over regular routes, transporting: Highway 81 to Scranton; and (n) serv­ along Georgia Highway 72 to the General commodities (except those of ing points located on and east of Penn­ Georgia-South Carolina State line, unusual value, Classes A and B explosives, sylvania Highway 10 and within 10 miles thence east along South Carolina High­ Restock, household goods as defined by of applicant’s existing route over U.S. way 72 to Greenwood, S.C., and point of the Commission, commodities in bulk and Highway 30 between Philadelphia, Pa., beginning. those requiring special equipment), (1) and Sadsburyville, Pa., as off-route points N o t e : Applicant is also authorized to con­ oetween Camden, N.J., and Scranton, in connection with applicant’s authorized duct operations as a contract carrier in Per­ ¿'a.; (a) from Camden over U.S. High­ regular-route operations. m it No. MC 106249 and subs thereunder, way 30 to junction U.S. Highway 611, N o t e : Applicant states that it “seeks to therefore dual operations may be involved. thence over U.S. Highway 611 to junction convert certain general commodity, irregular- If a hearing is deemed necessary, applicant ennsylvania Highway 115, thence over route authority in the eastern part of Penn­ requests it be held at Jacksonville, Fla. ennsylvania Highway 115 to junction sylvania and the western part of New Jersey nnsylvania Highway 512, thence over to regular-route authority. This conversion No. MC 3560 (Sub-No. 20), filed April will also result in the elimination of observ­ 28, 1965. Applicant: GENERAL EX­ TTeon4^Yania Highway 512 to junction ing the use of various points in New Jersey PRESSWAYS, INC., 1205 South Platte w* 5 ? hway 611> thence over U.S. High- as gateway points in connection with opera­ River Drive, Denver, Colo. Applicant’s fiom ■ Scranton and return over the tions to and from the involved Pennsylvania attorney: David Axelrod, 39 South La 3 route, serving all intermediate points and points west of the Ohio-Pennsyl- Salle Street, Chicago 3, 111. Authority L r sanda11 off-route points in Penn- vania State line.” Applicant also states that sought to operate as a common carrier, riLna,r, by motor vehicle, over irregular over U.S. Highway 41 and Interstate Donald L. Stern, 630 City National Highway 75 to Lake City, and return over Bank Building, Omaha, Nebr. Authority utes, transporting: General c0™‘m° p the same route, serving all intermediate sought to operate as a common carrier, :s (except those of unusual v ’ by motor vehicle, over irregular routes, asses A and B explosives, household points; (2) between Valdosta, Ga., and ods as defined by the Commissio- Madison, Fla.: from Valdosta over transporting: Commodities in bulk, hav­ Georgia Highway 31 to the Georgia- ing a' prior or subsequent movement by mmodities in bulk, and those requtf Florida State line, thence over Florida barge, between points in Arkansas, Illi- Wednesday, May 19, 1965 FEDERAL REGISTER 6811 bus, Ga., on the one hand, and, on the Highway 191 to junction U.S. Highway 30N, thence over UJS. Highway 30N other, points in Russell County, Ala. 91, thence over U.S. Highway 91 to Butte, to Rupert, Idaho, thence over Idaho Note: Applicant states that it proposes to and return over the same route, serving Highway 25 to Paul, Idaho, thence over tack points in Russell County, Ala., with its all intermediate points; (2) between unnumbered highway over the Snake existing operations from and to Columbus, U.S. Highway 191, serving all intermedi- River to Burley, Idaho, thence over U.S. Ga., an d points within its commercial zone. Idaho Falls and St. Anthony, Idaho over Highway 30 to junction U.S. Highway 20 Applicant also states that the above pro­ ate points; (3) between Downey, Idaho, north of Caldwell, Idaho, thence over posed operation will be restricted to traffic and Brigham City, Utah, over U.S. High­ U.S. Highway 20 to junction U.S. High­ destined to or originating at points presently served b y applicant. Common control may way 91, serving all intermediate points way 26 south of Ontario, Oreg., thence be in volved. If a hearing is deemed neces­ and the off-route points of Oxford, over U.S. Highway 26 to Ontario, thence sary, a p p lic a n t requests it be held at Co­ Clifton, and Dayton, Idaho; (4) between over U.S. Highway 30 over the Snake lumbus, Ga. St. Anthony and Ashton, Idaho, over U.S. River to junction U.S. Highway 95, Highway 191, serving the intermediate thence over U.S. Highway 95 to Weiser No. MC 76032 (Sub-No. 196), filed April point of Chester, Idaho; (5) between and return over the same route, serving 28,1965. Applicant: NAVAJO FREIGHT junction U.S. Highways 30N and 91 and all intermediate points in Idaho and LINES, INC., 1205 South Platte River Preston, Idaho, from said junction over Oregon; (14) between Salt Lake City, Drive, Denver, Colo., 80223. Applicant’s U.S. Highway 30N to junction Idaho Utah, and junction U.S. Highways 30S attorneys: Ken Wolford (same address Highway 34, thence over Idaho Highway and 189, near Echo City, Utah, from Salt as applicant), and David Axelrod,' 39 34 to Preston, and return over the same Lake City over highways specified above South La Salle Street, Chicago 3, 111. route, serving all intermediate points; to junction U.S. Highways 89 and 30S, Authority sought to operate as a common (6) between Malta and Declo, Idaho, over near Uintah, Utah. carrier, by motor vehicle, over irregular unnumbered highway, serving the inter­ Thence easterly over U.S. Highway 30S routes, transporting: Source, special mediate point of Albion; (7) between to junction U.S. Highway 89 and return nuclear and radioactive materials, be­ Payette and Boise, Idaho, from Payette over the same route, serving no inter­ tween the facilities of United Nuclear over Idaho Highway 52 to junction U.S. mediate points; (15) between Bliss and Corp., located at Hematite, Mo., on the Highway 30, thence over U.S. Highway 30 Shoshone, Idaho, over Temporary U.S. one hand, and, on the other, San Diego, to junction Idaho Highway 16, thence Highway 20, serving the intermediate San Jose, and Canoga Park, Calif., over Idaho Highway 16 by Emmett, to point of Gooding; (16) between Bliss and Lynchburg, Va., Apollo and Pittsburgh, junction Idaho Highway 44, east of Star, Paul, Idaho, over Idaho Highway 25, Pa., New Haven and Windsor, Conn., thence over Idaho Highway 44 to Boise serving the intermediate points of Wen­ Schenectady, N.Y., Attleboro, Mass., and return over the same route, serving dell, Jerome, Eden, and Hazelton; (17) Cleveland and Sandusky, Ohio, White the intermediate point of Emmett; (8) between Gooding and Wendell, Idaho, Plains and Hicksville, N.Y., Oak Ridge between Parma and Caldwell, Idaho, over Idaho Highway 46, serving no National Laboratory, Oak Ridge, Tenn., from Parma over U.S. Highway 95 to intermediate points; (18) between and Los Alamos National Laboratory junction Idaho Highway 72 (formerly Pocatello and Rupert, Idaho, over (University of California Scientific Labo­ Idaho Highway 20), west of Marsing, U.S. Highway 30N, serving all intermedi­ ratory) , Los Alamos, N. Mex. thence over Idaho Highway 72 to Cald­ ate points and the off-route point of Note: If a hearing is deemed necessary, well, and return over the same route, Aberdeen; (19) between Salt Lake City, applicant does not specify place of hearing. serving the intermediate points of Home- Utah and Rock Springs, Wyo., from Salt No. MC 76032 (Sub-No. 197), filed May dale and Marsing; (9) between junction Lake City over U.S. Highway 40 to Kim­ 5,1965. Applicant: NAVAJO FREIGHT U.S. Highway 191 and U.S. Highway 26 ball, Utah, thence over U.S. Highway 189 LINES, INC., 1205 South Platte River (formerly Idaho Highway 29) northeast (formerly Utah Highway 42) by Wan- Drive, Denver, Colo., 80223. Applicant’s of Idaho Falls, and Rigby, from junction ship to junction U.S. Highway 30S, attorney: Ken Wolford (same address as U.S. Highway 191 and U.S. Highway 26 thence over U.S. Highway 30S to junc­ applicant). Authority sought to operate (formerly Idaho Highway 29) over U.S. tion U.S. Highway 30, thence over U.S. as a common carrier, by motor vehicle, Highway 26 to Ririe. Highway 30 to Rock Springs, and return over regular routes, transporting: Classes Thence over Idaho Highway 48 (for­ over the same route, serving all inter­ A, B, and C explosives, ammunition not merly unnumbered highway) to Rigby mediate points, and the off-route point included in Classes A, B, and C explosives and return over the same route, serving of Mountain View, Wyo.; (20) from Salt and component parts of explosives and the intermediate point of Ririe; (10) be­ Lake City, Utah, to Preston, Idaho, from ammunition, between Denver, Colo., and tween junction U.S. Highway 30N and Salt Lake City over U.S. Highway 91 to Manteca, Calif.; from Denver over U.S. Idaho Highway 34, west of Alexander, Preston and return over the same route Highway 40 to junction U.S. Highway 189 Idaho, and Logan, Utah, from junction with no transportation for compensation at or near Heber, Utah, thence over U.S. U.S. Highway 30N and Idaho Highway except as otherwise authorized, serving 34 over U.S. Highway 30N to Montpelier, all intermediate points in Idaho, and Highway 189 to junction U.S. Highway 91 Logan, Utah; (21) between Salt Lake tn °u near Provo> Utah, thence over U.S. Idaho, thence over U.S. Highway 89 to Highway 91 to junction U.S. Highway 50 Logan and return over the same route, City and Nephi, Utah, over U.S. High­ at or near Spanish Fork, Utah, thence serving all intermediate points in Idaho way 91, serving all intermediate points Highway 50 to Sacramento, and the off-route point of Conda, Idaho; and the off-route point of Eureka, and Lalif thence over U.S. Highway 99 to t i l) between junction U.S. Highways 89 those in Salt Lake County, Utah; (22) Manteca and return over the same route, and 91, nortlr of Salt Lake City, Utah, between Spanish Fork and Elsinore, ®®fving no intermediate points, as an and Ogden, Utah, over U.S. Highway 89, Utah, from Spanish Fork over U.S. High­ alternate route for operating convenience serving no intermediate points; (12) be­ way 6 to Thistle, thence over U.S. High­ my, in connection with applicant’s au­ tween junction U.S. Highways 89 and way 89 to Elsinore and return over the thorized regular-route operations. 30S, near Uintah, Utah, and junction same route, serving all intermediate U.S. Highways 30S and 189, near Echo points and the off-route points of Foun­ nr.««™' a hearing is deemed necessary, City, Utah, over U.S. Highway 30S, serv­ tain Green, Moroni, and Monroe, Utah; ®PP cant requests it be held at Denver, Colo. ing no intermediate points pr the termi­ (23) between Thistle and Green River, r NinJ^C 89684 (Sub-No. 52), filed April nus, near Uintah, Utah, as an alternate Utah, over U.S. Highway 50, serving all Applicant: WYCOFF COM- route for operating convenience only intermediate points and the off-route R irYi . INCORPORAT:eD» 560 South joined with the route specified immedi­ points of Kenilworth, Sunnyside, Drag- oecond West Street, Salt Lake City, Utah, ately above in connection with carrier’s erton, Columbia, Huntington, and Castle tnority sought to operate as a common otherwise authorized regular route op­ Dale; (24) between Kimball and Vernal, mer, by motor vehicle, transporting: Utah, over U.S. Highway 40, serving all erations; (13) between junction U.S. intermediate points and the off-route j”era^ c°nimodities having a prior or Highways 191 and 30S, near Tremontoh, points of Park City and Midway; (25) ppr^2?en*' m°vbment by aircraft over Utah, and Weiser, Idaho, from junction between Salt Lake City, Utah, and Ely, q ,. P^AH ROUTES, (A) (1) between U.S. Highways 191 and 30S over U.S. Nev., over Alternate U.S. Highway 50 frnmo 6 C^ y> Utah, and Butte, Mont., Highway 30S to Declo, Idaho, thence (formerly U.S. Highway 50), serving all tn. n r i* Lake City over H.S. Highway 91 over unnumbered highway over the intermediate points and the off-route ngham City, Utah, thence over U.S. Snake River to junction UJS. Highway point of Tooele, Utah; (B) (1) between 6812 NOTICES Dillon and Butte, Mont., from Dillon over the same route, serving all intermediate Burlington, Vt. Applicant’s attorney Montana Highway 41 to junction U.S. points; (12) between Evanston and Kem­ Francis R. Peisch, Post Office Box 954 Highway 10S. merer, Wyo., over U.S. Highway 189, as Burlington, Vt., 05402. Authority sought Thence over U.S. Highway 10S to an alternate route for operating con­ to operate as a common carrier, by motor Butte and return over the same route, venience only, in connection with car­ vehicle, over regular routes, transport­ serving the intermediate point of Twin rier’s authorized regular route opera­ ing: General commodities (except those Bridges and the off-route point of Sheri­ tions, serving no intermediate points; of unusual value, Classes A and B ex­ dan; (2) between Salt Lake City and (13) between Kemmerer, Wyo., and junc­ plosives, commodities in bulk and those Wendover, Utah, over Alternate U.S. tion U.S. Highway 30N and U.S. High­ requiring special equipment), (l) be­ Highway 50, serving all intermediate way 30, over U.S. Highway 30N, as an tween Burlington, Vt., and Swanton, Vt.; points and the off-route points in Tooele alternate route for operating conven­ from Burlington north over U.S. High­ County, Utah; (3) between Salt Lake ience only, in connection with carrier’s way 7 and 2 through Winooski, Vt., to City and Kanab, Utah, from Salt Lake authorized regular route operations,' junction U.S. Highways 7 and 2, thence City over U.S. Highway 91 to Spanish serving no intermediate points; (14) be­ over U.S. Highway 2 to Alburg, Vt., Fork, thence over U.S. Highway 6 to tween Kanab, Utah, and Flagstaff, Ariz., thence return over U.S. Highway 2 to Thistle, thence over U.S. Highway 89 to (a) over U.S. Highway 89, serving all junction Vermont Highway 78, thence Kanab and return over the same route, intermediate points, and (b) from Kanab over Vermont Highway 78 to Swanton serving all intermediate points and the over Alternate U.S. Highway 89 to junc­ and return over the same route, serving off-route points of Escalante, Tropic, tion U.S. Highway 89, thence over U.S. all intermediate points and the off-route Springdale, Eureka, Fountain Green, Highway 89 to Flagstaff and return over points of Colchester, West Milton, Moroni, and Monroe, and points in Salt the same route, serving all intermediate Grande Isle Station, North Hero Station, Lake County, Utah; (4) between Salt points; (15) between Ashton, Idaho, and Isle La Motte, Gordon Landing, and Al­ Lake City, Utah, and Ashton, Idaho, West Yellowstone, Mont., from Ashton burg Springs, Vt.; (2) between Burling­ from Salt Lake City over U.S. Highway over Idaho Highway 47 (formerly U.S. ton, Vt., and junction Vermont Highway 91 by Ogden, Brigham City and Logan, Highway 191) by Marysville and Warm 127 and U.S. Highway 7 and 2, over Utah, and Preston, Downey, and Poca­ River, Idaho, to junction U.S. Highway Vermont Highway 127, serving all inter­ tello, Idaho, to Idaho Falls, Idaho, thence 191. mediate points. over U.S. Highway 191 to Ashton and Thence over U.S. Highway 191 to West N o t e : Applicant states that it proposes to return over the same route, serving all Yellowstone and return over the same tack the above proposed authority to its intermediate points and the off-route route, serving all intermediate points; existing authority. If a hearing is deemed point of Hyde Park, Utah; (5) between (16) between junction unnumbered necessary, applicant requests it be held at Salt Lake City, Utah, and Weiser, Idaho, highway and U.S. Highway 191 at or Burlington, Vt. from Salt Lake City over U.S. Highway near Island Park Lodge, Idaho, and No. MC 97764 (Sub-No. 2), filed April 89, by Ogden, Brigham City, and Logan, junction unnumbered highway and U.S. 22, 1965. Applicant: EDWIN F. AL­ Utah, to Montpelier, Idaho, thence over Highway 191 at or near Mack’s Inn, BRECHT, doing business as ALBRECHT U.S. Highway 30 by Twin Falls, Boise, Idaho, over unnumbered highway by TRANSFER, Fairfield, Nebr. Appli­ Nampa, and Caldwell, Idaho, to junction Big Springs, Idaho, serving the inter­ cant’s attorney: J.' Max Harding, Box U.S. Highway 30N, thence over U.S. mediate point of Big Springs; (17) be­ 2028, Lincoln, Nebr., 68501. Authority Highway 30N to Weiser and return over tween Nephi and St. George, Utah, over sought to operate as a common carrier, the same route, serving all intermediate U.S. Highway 91, serving all intermediate by motor vehicle, over regular routes, points and the off-route points of Wen­ points and the off-route points of Enter­ transporting: General commodities (ex­ dell and Gooding, Idaho, and Hyde Park, prise, Milford, Delta, and Lynndyl, Utah; cept those of unusual value, Classes A Utah; (6) between Brigham City, Utah, (18) between Green River and Monti- and B explosives, household goods as de­ and Burley, Idaho, over U.S. Highway cello, Utah, from Green River over U.S. fined by the Commission, commodities 30S, serving all intermediate points and Highways 6-50 to Crescent Junction, requiring special equipment and those the off-route points of Wendell and thence over U.S. Highway 160 to Monti- injurious or contaminating to other lad­ Gooding, Idaho, and Hyde Park, Utah; cello and return over the same route, ing) , between Fairfield, Nebr., and Hast­ (7) between Rupert and Sun Valley, serving all intermediate points; (19) be­ ings, Nebr., from Fairfield over Nebraska Idaho, from Rupert over Idaho Highway tween Rock Springs and Jackson, Wyo., Highway 74 to junction U.S. Highway 25 to junction U.S. Highway 93. over U.S. Highway 187, serving all inter­ 281, thence over U.S. Highway 281 to Thence over U.S. Highway 93 to junc­ mediate points. (C) IRREGULAR Hastings, and return over the same route, tion Idaho Highway 75, thence over ROUTE: from Salt Lake City, Utah, to serving no intermediate points but serv­ Idaho Highway 75 to Sun Valley and points in that part of Idaho, south of ing the off-route point of Glenvil, Nebr. return over the same route, serving all Idaho County, Idaho. intermediate points and the off-route No t e : If a hearing is deemed necessary, points of Wendell and Gooding, Idaho; N o t e : If a hearing is deemed necessary, plicant requests it be held at Lincoln, applicant requests it he held at Salt Lake br. (8) serving Adrian, Oreg., as an off- City, Utah. route point in connection with carrier’s No. MC 102295 (Sub-No. 7) (COR- authorized regular route operations to No. MC 95540 (Sub-No. 638), filed May 3CTION), filed April 13, 1965, pub- and from Ontario, Oreg.; (9) serving 3, 1965. Applicant: WATKINS MOTOR hed F ederal R egister issue May 5, Thayne and Afton, Wyo., and Lewiston LINES, INC., Albany Highway, Thomas- 65, and republished as corrected this and Hyrum, Utah, as off-route points in ville, Ga. Applicant’s representative: ue. Applicant: GUY HEAVENER, connection with carrier’s authorized reg­ Jack M. Holloway (same address as ap­ C., 28 School Lane, Harleysville, Pa. ular route operations between Salt Lake plicant). Authority sought to operate iplicant’s attorney: Morris J. Winokur, City, Utah, and St. Anthony, Idaho; (10) as a common carrier, by motor vehicle, Lite 1920, Two Penn Center Plaza, John between Baker, Oreg., and Weiser, Idaho, over irregular routes, transporting: Kennedy Boulevard at 15th Street, from Baker over U.S. Highway 30 to Frozen foods, from Humboldt, Tenn., to tiladelphia, Pa., ,19102. Authority junction U.S. Highway 30N, thence over points in Alabama, Connecticut, Dela­ ught to operate as a common carrier, U.S. Highway 30N to Weiser, and return ware, Florida, Georgia, Maine, Maryland, motor vehicle, over irregular routes, over the same route, serving all inter­ Massachusetts, New Hampshire, New importing: (1) Stone and gravel, from mediate points; (11) between Evanston Jersey, New York, North Carolina, Penn­ ints in Bucks, Chester, and Lancaster and Kemmerer, Wyo., from Evanston sylvania, Rhode Island, South Carolina, »unties, Pa., MontgomeryviUe and over Wyoming Highway 89 to the Utah- Vermont, Virginia, West Virginia, and hite Haven, Pa., Baltimore and H al­ Wyoming State line, thence over Utah the District of Columbia. t’d Counties, Md., to points in Allen Highway 16 (formerly Utah Highway 3) N o t e : Common control may be Involved. »unty, Ind., and (2 ) coal, from points to junction Utah Highway 51, thence If a hearing is deemed necessary, applicant Mahoning County, Ohio, to points_ m over Utah Highway 51 to Utah-Wyoming requests it be held at Chicago, 111. ontgomery and Philadelphia Counties, State line, thence over Wyoming High­ way 89 to junction U.S. Highway 30N No. MC 97240 (Sub-No. 4) filed April L. near Sage, Wyo., thence over U.S. High­ 23, 1965. Applicant: WILLIAM R. No t e : The purpose of this way 30N to Kemmerer and return over BABINEAU, INC., 1070 North Avenue, to show the correct origin points Wednesday, May 19, 1965 FEDERAL REGISTER 6813 above to be Baltimore County, Md., instead Oak and Brewster Roads, Vineland, N.J. points within 5 miles thereof, to points of Baltimore, Md. If a hearing is deemed Applicant’s attorney: Morris J. Winokur, in Florida, Georgia, Alabama, North necessary, applicant requests it be held at Suite 1920, Two Penn Center Plaza, Johii Carolina, and South Carolina. Philadelphia, Pa. . _ . F. Kennedy Boulevard at 15th Street, N o t e : If a hearing Is deemed necessary, No. MC 102567 (Sub-No. 104), filed Philadelphia, Pa., 19102. applicant does not specify place of hearing. May 3. 1965- Applicant: EARL CLAR­ N o t e : Such authority is exactly the same ENCE GIBBON, doing business as EARL as that held by applicant under MC-105636 No. MC 105813 (Sub-No. 128), filed GIBBON PETROLEUM TRANSPORT, (Sub-No. 23), except that the destination May 3, 1965. Applicant: BELFORD 235 Benton Road, Bossier City, La. Ap­ points are commercial piers in Jacksonville TRUCKING CO., INC., 1299 Northwest plicant’s attorney: Jo E. Shaw, Bettes and Tampa, Fla., instead of Miami. The 23d Street, Miami, Fla. Applicant’s at­ Building, Houston, Tex. Authority proposed operation will provide the same torney: David Axelrod, 39 South La Salle sought to operate as a common carrier, type of service which applicant has been Street, Chicago, 111., 60603. Authority by motor vehicle, over irregular routes, providing for its shippers from the same sought to operate as a common carrier, points of origin to the piers in Miami, for by motor vehicle, over irregular routes, transporting: Commodities, in bulk, hav­ export to the same foreign countries. The ing a prior or subsequent movement by purpose of the republication is to more transporting: Meats, meat products, rail, water, or pipeline, between points clearly set forth the note previously pub­ meat byproducts and articles distributed in Alabama, Arkansas, Florida, Georgia, lished in F ederal R eg ist e r Issues of April 21 by meat packinghouses (except hides and Louisiana, Mississippi, Missouri, Okla­ and May 5, 1965. If a hearing is deemed commodities in bulk, in tank vehicles), homa, Tennessee, and Texas. necessary, applicant requests it be held at as described in Appendix I in Descrip­ Philadelphia, Pa. tions in Motor Carrier Certificates, 61 Note: If a hearing, is deemed necessary, M.C.C. 209 and 7-66, from Lexington, applicant requests it be held at New Orleans, No. MC 105733 (Sub-No. 36), filed April Nebr., and points within 5 miles thereof, La. 27, 1965. Applicant: H. R. RITTER TRUCKING CO., INC., 928 East Hazel­ to points in Florida, Georgia, Alabama, No. MC 103051 (Sub-No. 188), filed North Carolina, and South Carolina. April 23, 1965. Applicants FLEET wood Avenue, Rahway, N.J. Applicant’s attorney: Edward C. Smith, 26 Broad­ N o t e : If a hearing is deemed necessary, TRANSPORT COMPANY, INC., 340 applicant does not specify place of hearing. Armour Drive NE., Atlanta, Ga. Appli­ way, New York, N.Y., 10004. Authority cant’s attorney : R. J. Reynolds, Jr., 403- sought to operate as a common carrier, No. MC 105813 (Sub-No. 129), filed 11 Healey Building, Atlanta, Ga. Au­ by motor vehicle, over irregular routes, May 3, 1965. Applicant BELFORD thority sought to operate as a common transporting: Liquid and dry bulk com­ TRUCKING CO., INC., 1299 NW., 23d carrier, by motor vehicle, over irregular modities in tank or hopper type vehi­ Street, Miami, Fla. Applicant’s attor­ routes, transporting: Corn syrup and cles, from Camden and Jersey City, N.J., ney: David Axelrod, 39 South La Salle liquid sugar, and "blends of corn syrup to points in Connecticut, Delaware, the Street, Chicago 3, 111. Authority sought and liquid sugar, in bulk, in tank ve­ District of Columbia, Maine, Maryland, to operate as a common carrier, by motor hicles, from points in Cullman County, Massachusetts, New Hampshire, New vehicle, over irregular routes, transport­ Ala., to points in Georgia. Jersey, New York, Ohio, Pennsylvania, ing: Meats, meat products, meat by­ Rhode Island, Vermont, Virginia, and products, and articles distributed by Note: If a hearing is deemed necessary, West Virginia. applicant requests it be held at Atlanta, Ga., meat packinghouses (except hides and or Washington, D.C. N o t e : Applicant states the above operation commodities in bulk, in tank vehicles) , will be restricted to shipments having a as described in Appendix I in Descrip­ No. MC 103993 (Sub-No. 202), filed prior movement by railroad,-' If a hearing is tions in Motor Carrier Certificates, 61 April 22, 1965. Applicant:. MORGAN deemed necessary, applicant requests it be M.C.C. 209 and 766, from Darr, Nebr., to DRIVE-AWAY, INC., 2800 Lexington held at New York, N.Y., or Washington, D.C. points in Florida, Georgia, Alabama, Avenue, Elkhart* md. Applicant’s at­ No. MC 105733 (Sub-No. 37), filed April North Carolina, and South Carolina, torney: John E. Lesow, 3737 North 27, 1965. Applicant: H. R. RITTER N o t e : Applicant does not specify place of Meridian Street, Indianapolis 8, Ind. TRUCKING CO , INC., 928 East Hazel­ hearing, if one is deemed necessary. Authority sought to operate as a com­ wood Avenue, Rahway, N.J. Applicant’s mon carrier, by motor vehicle, over ir­ attorney: Edward C. Smith, 26 Broad­ No. MC 107002 (Sub-No. 251), filed regular routes, transporting: Campers, way, New York, N.Y., 10004. Authority April 26, 1965, Applicant: HEARIN- camp coaches and trailers, designed to be sought to operate as a common carrier, MILLER TRANSPORTERS, INC., Post drawn by passenger automobiles, and by motor vehicle, over irregular routes, Office Box 1 123, Highway 80 West, Jack- component parts thereof when shipped transporting: Commodities in bulk, (1) son, Miss. Applicant s attorneys: Harry therewith, in initial movements, in truck- between points in New York; (2) between C. Ames, Jr., 529 Transportation Build­ away service, from points in Hancock points in Massachusetts; (3) between ing, Washington, D.C., and H. D. Miller, and Winnebago Counties, Iowa, to points points in New Jersey; (4) from points in Jr., Post Office Box 1250, Jackson, Miss. in the United States. New York, Massachusetts, and New Jer­ Authority sought to operate as a common Note: If a hearing is deemed necessary, sey, to points in Massachusetts, Con­ carrier, by motor vehicle, over irregular applicant requests it be held at Des Moines, necticut, Rhode Island, New Hampshire, routes, transporting: Liquid petroleum Iowa. and Vermont, and (5) from points in products, in bulk, from points in Musco­ gee County, Ga., to points in Alabama, _ No. MC 105269 (Sub-No. 39), filed New York and New Jersey to points in Pennsylvania. Florida, Georgia, North Carolina, South M&y 5, 1965. Applicant: GRAFF Carolina, Tennessee, and Mississippi. TOUCHING COMPANY, INC., 2110 Lake N o t e : Applicant states the above opera­ Street, Kalamazoo, Mich., 49005. Ap­ tions will be restricted to shipments having N o t e : I f a hearing is deemed necessary, plicant's attorney: John M. Veale, a prior movement by rail. If a hearing is applicant requests it be held at Atlanta, Ga. 1700,1 Woodward Avenue, Detroit, deemed necessary, applicant requests it be No. MC 107002 (Sub-No. 252), filed Midi., 48226. Authority sought to op­ held at New York, N.Y., or Washington, D.C. April 26, 1965. Applicant: HEARIN- erate as a common carrier, by motor ve­ No. MC 105813 (Sub-No. *27), filed MILLER TRANSPORTERS, INC., Post hicle, oyer irregular routes, transporting: May 3, 1965. Applicant: BELFORD Office Box 1123, Highway 80 West, Jack- raper and paper products, from La TRUCKING CO., INC., 1299 Northwest son, Miss., 39205. Applicant's attorneys: tforte, Ind., to points in Michigan. 23d Street, Miami, Fla. Applicant’s at­ Harry C. Ames, Jr., 529 Transportation Note; if a hearing is deemed necessary, torney: David Axelrod, 39 South La Salle Building, Washington, D.C., 20006, and applicant requests it be held at Lansing, Street, Chicago 3, 111. Authority sought H. D. Miller, Jr., Post Office Box 1250, to operate as a common carrier, by motor Jackson, Miss., 39205. Authority sought vehicle, over irregular routes, transport­ to operate as a common carrier, by motor wtS a'^ 10 105636 (Sub-No. 25) (CLA1 ing: Meats, meat -products, meat by­ vehicle, over irregular routes, transport­ RATION)v filed April 7, 1965, pi products and articles distributed by meat ing: (1) Blends of liquid sugar and hed hi the Federal Register issue packinghouses (except hides and com­ syrups, in bulk, in tank vehicles, from _Pnl-21, 1965, republished as ameni modities in bulk, in tank vehicles) as New Orleans, La., to points in Louisiana tv ^ •5’ 1965, and further republisl described in Appendix I in Descriptions on and east of U.S. Highway 165 and on ■ p .! y e as a clarification. Applica in Motor Carrier Certificates, 61 M.C.C. and north of U.S. Highway 84, and (2) ARMELLINI EXPRESS LINES, It 209 and 766, from Minden, Nebr,, and returned, rejected, contaminated, un- 6814 NOTICES used, and refused shipments of liquid served by applicant. If a hearing is deemed points in Iowa to points in Alabama sugar, "blends of liquid sugar and syrups, necessary, applicant requests it be held at Florida, Georgia, Kentucky, Louisiana from points in Louisiana on and east of Columbus, Ga. . Mississippi, North Carolina, South Caro­ U.S. Highway 165 and on and north of No. MC 107496 (Sub-No. 376), filed lina, and Tennessee. U.S. Highway 84 to New Orleans, La. April 27, 1965. Applicant: RUAN N o t e : If a hearing is deemed necessary N o t e : Applicant states it has been granted TRANSPORT CORPORATION, Keosau- applicant requests it be held at Des Moines authority on liquid sugar to and from the qua Way at Third, Des Moines, Iowa. Iowa. territory described in (1) above and seeks Applicant’s attorney: H. L. Fabritz (ad­ herein only authority to perform a more dress same as applicant). Authority No. MC 107839 (Sub-No. 75), filed May complete service. If a hearing is deemed sought to operate as a common carrier, 3, 1965. Applicant: DENVER-ALBU­ necessary, applicant does not specify place of QUERQUE MOTOR TRANSPORT, INC., hearing. by motor vehicle, over irregular routes, 5135 York Street, Denver, Colo. Author­ transporting: Inedible grease and tallow, ity sought to operate as a common car­ No. MC 107227 (Sub-No. 87), filed in bulk, from Ottumwa, Iowa to Henry, rier, by motor vehicle, over irregular May 7, 1065. Applicant: INSURED 111. TRANSPORTERS, INC., 1944 Williams routes, transporting: Meats, meat prod­ N o t e : If a hearing is deemed necessary, ucts, meat byproducts, dairy products Street, San Leandro, Calif. Applicant’s applicant requests it be held at Chicago, 111. attorney: John G. Lyons, Mills Tower, and articles distributed by meat packing­ San Francisco 4, Calif. Authority sought No. MC 107636 (Sub-No. 7), filed May houses, from the plant site of Platte Val­ to operate as a common carrier, by motor 5, 1965. Applicant: M. M. CAMPION ley Packing Company located at Darr, vehicle, over irregular routes, transport­ AND GEORGE KINGSHOTT, a partner­ Nebr., to points in Colorado on and south ing: Trucks, tractors, truck chassis, par­ ship, doing business as C & K TRANS­ of U.S. Highway 24. tially or completely assembled, and parts PORT, Box 427, New Buffalo, Mich. Ap­ N o t e : Applicant does n o t sp e cify place of and accessories thereof, when moving plicant’s attorney: Quentin A. Ewert, hearing, if one is deemed n ecessary. with the above described commodities, in Union Savings & Loan Building, 117 West No. MC 108006 (Sub-No. 12), filed initial movements, in driveaway and Allegan Street, Lansing, Mich., 48933. April 26, 1965. Applicant: MAISLIN truckaway service, from Indianapolis, Authority sought to operate as a contract BROS. TRANSPORT LIMITED, 7401 Ind., to points in the United States, in­ carrier, by motor vehicle, over irregular Newman Boulevard, LaSalle, P.Q., Can­ cluding Alaska, but excluding Hawaii. routes, transporting: Lime and limestone products, from Detroit, Mich., to points ada. Applicant’s representative: Wil­ N o t e : If a hearing is deemed necessary, in Indiana, Illinois, Iowa, Kentucky, liam D. Traub, 10 East 40th Street, New applicant requests it be held at Louisville, Ohio, Missouri, New York, Pennsylvania, York 16, N.Y. Authority sought to op­ Ky. Wisconsin, and West Virginia. erate as a common carrier, by motor ve­ No. MC 107403 (Sub-No. 621), filed hicle, over irregular 'routes, transport­ N o t e : If a hearing is deemed necessary, ing: Commodities, the transportation of April 27, 1965. Applicant: MATLACK, applicant requests it be held at Lansing, INC., 10 West Baltimore Avenue, Lans- Mich. which because of size or weight, or shape, downe, Pa. Authority sought to operate require the use of special equipment (ex­ as a common carrier, by motor vehicle, No. MC 107698 (Sub-No. 38), filed May cept (a) commodities in bulk and (b) over irregular routes, transporting: 3, 1965. Applicant: BONANZA, INC., motor vehicles), between the ports of Liquid chemicals, in bulk, in tank vehi­ Post Office Box 5526, Midwest City, Okla. entry on the International Boundary cles, from Cafpentersville, 111., to points Applicant’s attorney: Wilburn L. Wil­ line between the United States and Can­ in Connecticut, Delaware, Maryland, liamson, 443-54 American National ada at or near Rouses Point, Champlain, New Jersey, New York, Pennsylvania, Building, Oklahoma City 2, Okla. Au­ and Trout River, N.Y., on the one hand, Rhode Island, and West Virginia. ' thority sought to operate as a common and, on the other, points in New York, carrier, by motor vehicle, over irregular New Jersey, Pennsylvania, Maine, New N o t e : If a hearing is deemed necessary, routes, transporting: Canned and pre­ Hampshire, Vermont, Massachusetts, applicant requests it be held at Chicago, 111. served foodstuffs, from points in Wash­ Connecticut, and Rhode Island, restricted No. MC 107403 (Sub-No. 622), filed ington, Oregon, Idaho, and Utah, to to traffic moving in foreign commerce. April 27, 1965. Applicant: MATLACK, points in Oklahoma. N o t e : If a hearing is deemed necessary, INC., 10 West Baltimore Avenue, Lans- N o t e : If a hearing is deemed necessary, applicant requests it be held at Plattsburgh, downe, Pa. Authority sought to oper­ applicant requests it be held at Oklahoma N.Y. ate as a common carrier, by motor ve­ City, Okla. No. MC 108053 (Sub-No. 62), filed May hicle, over irregular routes, transport­ No. MC 107839 (Sub-No. 72), filed 3, 1965. Applicant: LITTLE AUDREY’S ing: Foundry sand additive, in bulk, in April 29, 1965. Applicant: DENVER- TRANSPORTATION COMPANY, INC., tank or hopper type vehicles, from Cin­ ALBUQUERQUE MOTOR TRANSPORT, Post Office Box 709, Fremont, Nebr. Ap­ cinnati, Ohio, to points in Indiana. INC., 5135 York Street, Denver, Colo. plicant’s attorney: David Axelrod, 39 N o t e : If a hearing is deemed necessary, Applicant’s attorney: Marion F. Jones, South La Salle Street, Chicago, 111., 60603. applicant requests it be held at Cincinnati, Suite 420, Denver Club Building, Denver, Authority sought to operate as a common Ohio. Colo., 80202. Authority sought to oper­ carrier, by motor vehicle, over irregular No. MC 107475 (Sub-No. 56), filed April ate as a common carrier, by motor ve­ routes, transporting: Meats, meat prod­ 20, 1965. Applicant: DANCE FREIGHT hicle, over irregular routes, transporting: ucts, meat byproducts, and articles dis­ LINES, INC., 920 Dance Court, Cincin­ Frozen foods, from points in Hidalgo tributed by meat packinghouses (except nati 3, Ohio. Applicant’s attorney: Alan County, ^Tex., to points in Alabama, Ar­ hides and commodities in bulk, in tank E. Serby, Suite 1600 First Federal Build­ kansas, Colorado, Florida, Georgia, Iowa, vehicles) as described in Appendix l ing, Atlanta, Ga., 30303. Authority Kansas, Kentucky, Louisiana, Missis­ in Descriptions in Motor Carrier Certifi­ sought to operate as a common carrier, sippi, Missouri, Nebraska, North Caro­ cates, 61 M.C.C. 209 and 766, from Darr, by motor vehicle, over irregular routes, lina, Oklahoma, South Carolina, and Nebr., to points in Arizona, Colorado, transporting: General commodities, (ex­ Tennessee. Nevada, California, Oregon, Washington, cept those of unusual value, Classes A N o t e : Applicant does not specify place of Idaho, Utah, and New Mexico. and B explosives, household goods as de­ hearing, if one is deemed necessary. N o t e : Applicant does not specify place of fined by the Commission, commodities in hearing, if one is deemed necessary. bulk, and those requiring special equip­ No. MC 107839 (Sub-No. 73), filed April ment), between Columbus, Ga., on the 29,' 1965. Applicant: DENVER-ALBU- SFo. MC 108053 (Sub-No. 63) . filed May QUERQUE MOTOR TRANSPORT, INC., 1965. Applicant: LITTLE AUDREYS one hand, and, on the other, points in iANSPORTATION COMPANY, INC., Russell County, Ala. 5135 York, Denver, Colo. Applicant’s attorney: Richard A. Peterson, Box 2028, st Office Box 709, Frem ont, Nebr. ap- N o t e : Applicant states that it proposes to Lincoln, Nebr., 68501. Authority sought cant’s attorney: David Ax®lr°f’fin, tack points in Russell County, Ala., with its to operate as a common carrier, by motor uth La Salle Street, Chicago, 111., 60603. existing operations from and to Columbus, thority sought to operate as ^ common Ga., and points within its commercial zone. vehicle, over irregular routes, transport­ Applicant also states that the above pro­ ing: Meats, meat products, meat byprod­ Tier, by motor vehicle, over ìrregu^ posed operation will be restricted to traffic ucts, dairy products, and articles dis­ ites. transporting:' Meats, mf.a destined to or originating at points presently tributed by meat packinghouses, from Wednesday» M ay 19, 1965 FEDERAL REGISTER 6815 tributed by meat ‘packinghouses (except Montgomery, Robertson, and Sumner and 768, from points in Dakota County, hides and commodities in bulk, in tank Counties, Tenn. Nebr., to points in Maine, New Hamp­ shire, Vermont, Massachusetts, Con­ vehicles) as described in Appendix I N o t e : If a hearing is deemed necessary, to the report in Descriptions in Motor applicant requests it be held at Bowling necticut, Rhode Island, New York, New Carrier Certificates, 61 M.C.C. 209 and Green, Ky. Jersey, Pennsylvania, Delaware, Mary­ 766 from Lexington, Nebr., and points land, Virginia, West Virginia, Ohio, and No. MC 108380 (Sub-No. 68), filed April the District of Columbia. within five (5) miles thereof, to points 26, 1965. Applicant: JOHNSTON’S in Arizona, Colorado, Nevada, California, FUEL LINERS, INC., Post Office N o t e : If a hearing is deemed necessary, Oregon, Idaho, Washington, Utah, and Box 112, Newcastle, Wyo. Applicant’s applicant requests it be held at Omaha, Nebr. New Mexico. ■ • ~ /:•. j j \ attorney: Truman A. Stockton, Jr., The No. MC 110420 (Sub-No. 429) Note: If a hearing is deemed necessary, 1650 Grant Street Building, Denver 3, (AMENDMENT) filed March 31, 1965, applicant does not specify a location. Colo. • Authority sought to operate as published in F ederal R egister issue of No. MC 108053 (Sub-No. 64), filed May a common carrier, by motor vehicle, over April 21, 1965, amended May 5,1965, and 3 1965 Applicant: LITTLE AUDREY’S irregular routes, transporting: Petro­ republished as amended this issue. Ap­ TRANSPORTATION COMPANY, INC., leum and petroleum products, from plicant: QUALITY CARRIERS, INC., Post Office Box 709, Fremont, Nebr. Aberdeen, S. Dak., and points within 100 South Calumet Street, Burlington, Applicant’s attorney: David Axelrod, 39 fifteen (15) miles thereof, to points in Wis. Applicant’s representative: Fred South La Salle Street, Chicago, 111., Montana and Wyoming, and rejected H. Figge, Post Office Box 339, Burling­ 60603. Authority sought to operate as shipments, on return. ton, Wis. Authority sought to operate a common carrier, by motor vehicle, over Note: If a hearing is deemed necessary, as a common carrier, by motor vehicle, irregular routes, transporting: Meats, applicant requests it be held at Pierre, S. Dak. over irregular routes, transporting: Tal­ meat products, meat byproducts, and low and greases, from points in Wiscon­ No. MC-109397 (Sub-No. 118), filed sin, to Green Bay, Wis. articles distributed by meat packing­ April 19, 1965. Applicant: TRI-STATE houses (except hides and commodities in MOTOR TRANSIT CO., a corporation, N o t e : The purpose of this republication bulk, in tank vehicles) as described in is to delete the word “Inedible” from the Appendix I to the report in Descriptions Post Office Box 113, Joplin, Mo. Appli­ commodity description. If a hearing is in Motor Carrier Certificates, 61 M.C.C. cant’s attorney: Max G. Morgan, 443- deemed necessary, applicant requests it be 454 American National Building, Okla­ held at Chicago, 111. 209 and 766, from Minden, Nebr., and homa City 2, Okla. Authority sought to points within five (5) miles thereof, to operate as a common carrier, by motor No. MC 110420 (Sub-No. 435), filed points in Arizona, Colorado, Nevada, vehicle, over irregular routes, transport­ April 28, 1965. Applicant: QUALITY California, Oregon, Washington, Idaho, ing: Radioactive source, special nuclear CARRIERS, INC., 100 South Calumet Utah, and New Mexico. and byproduct materials, radioactive Street, Burlington, Wis. Applicant’s Note: If a hearing is deemed necessary, material shipping containers, nuclear re­ representative: Fred H. Figge (same ad­ applicant does not specify a location. 7 actor component parts, and related dress as applicant). Authority sought to operate as a common carrier, by motor No. MC 108053 (Sub-No. 66), filed May equipment, between points in Alameda vehicle, over irregular routes, transport­ 3,1965. Applicant : LITTLE AUDREY’S and Santa Clara Counties, Calif., on the ing: Fish oil and natural bodied fish oil TRANSPORTATION' COMPANY, INC., one hand, and, on the other, points in products, in bulk, in tank vehicles, from Post Office Box 709, Fremont, Nebr. Ap­ the United States (except points in Baltimore, Md., to points in Georgia, plicant’s attorney: David Axelrod, 39 Hawaii). Kentucky, and Michigan. South La Salle Street, Chicago 3, HI. N o t e : If a hearing is deemed necessary, Authority sought to operate as a com­ applicant requests it be held at Los Angeles N o t e : If a hearing is deemed necessary, mon carrier, by motor vehicle, over irreg­ or San Francisco, Calif. applicant requests it be held at Washington, ular routes, transporting: Meats, meat D.C. ~ products, meat byproducts, and articles No. MC 109397 (Sub-No. 119), filed No. MC 110420 (Sub-No. 436), filed distributed' by meat packinghouses May 3, 1965. Applicant: TRI-STATE April 28, 1965. Applicant: QUALITY (except hides and commodities in bulk, MOTOR TRANSIT CO., a corporation, CARRIERS, INC., 100 South Calumet in tank vehicles) as described in Appen­ Post Office Box 113, Joplin, Mo. Appli­ Street, Burlington, Wis. Applicant’s dix I to the report in Descriptions in cant’s attorney: Max G. Morgan, 443-454 representative: Fred H. Figge (same ad­ Motor Carrier Certificates, 61 M.C.C. 209 American National Building, Oklahoma dress as applicant). Authority sought and 766, from points in Dakota County, City 2, Okla. Authority sought to op­ to operate as a common carrier, by motor Nebr., to points in Arizona, Colorado, erate as a common carrier, by motor ve­ vehicle, over irregular routes, transport­ Nevada, California, Oregon, Washing­ hicle, over irregular routes, transporting: ing: Coloring syrup, caramel color, fla­ ton, Idaho, Utah, and New Mexico. Radioactive source, special nuclear and voring syrup, in bulk, in tank vehicles, byproduct materials, radioactive mate­ from Granite City, 111., to points in Con­ Note: If a hearing is deemed necessary, rial shipping containers, nuclear reactor applicant does not specify a location. component parts, and related equipment, necticut. No. MC 108329 (Sub-No. 9), filed April between points in Cattaraugus County, N o t e : If a hearing is deemed necessary, 28, 1965. Applicant: KATO, INC., N.Y., on the one hand, and, on the other, applicant requests it be held at St. Louis, Mo. Route No. 3, Elizabethtown, Ky. Appli­ points in the continental United States. No. MC 110420 (Sub-No. 437), filed cant’s attorney: David A. Sutherlund, Note: Applicant states no duplication of April 28, 1965. Applicant: QUALITY 1120 Connecticut Avenue NW., Washing­ authority is sought. If a hearing is deemed CARRIERS, INC., 100 South Calumet ton, D.C., 20036. Authority sought to necessary, applicant requests it be held at Street, Burlington, Wis. Applicant’s operate as a common carrier, by motor Washington, D.C. representative : Fred H. Figge (same ad­ vehicle, over irregular routes, transport- No. MC 110193 (Sub-No. 91), filed dress as applicant). Authority sought to General commodities (except April 30, 1965. Applicant: SAFEWAY operate as a common carrier, by motor Classes A and B explosives, livestock, TRUCK ^ LINES, INC., 20450 Ireland vehicle, over irregular routes, transport­ household goods as defined by the Com­ Road, South Bend, Ind. Applicant’s ing: Acids and chemicals, in bulk, in mission, commodities in bulk, and those representative: Walter J. Kobos (same tank or hopper type vehicles, from Ma­ equinng special equipment), restricted address as applicant’s). Authority son City, Iowa, to points in Wisconsin. J®. s™Pments having an immediately sought to operate as a common carrier, N o t e : If a hearing is deemed necessary, p lor or subsequent movement by air, by motor vehicle, over irregular routes, applicant requests it be held at Chicago, Dl. tween Standiford Field Airport, Louis- transporting: Meats, meat products, Ky-> Municipal Airport, Nashville, meat byproducts and articles distributed No. MC 110420 (Sub-No. 439), filed Bowling Green-Warren by meat packinghouses (except hides and May 3, 1965. Applicant: QUALITY tho n^y ^ rf)ork? Bowling Green, Ky., on commodities in bulk, in tank vehicles) as CARRIERS, INC., 100 South Calumet in r>ne k&nd, and, on the other, points described in sections A and C of Appen­ Street, Burlington, Wis. Applicant’s T^(«T.arren’ Allen> Warren, Simpson, dix I to the report in Descriptions in representative : Fred H. Figge, Post Office San, and Todd Counties, Ky., and Motor Carrier Certificates, 61 M.C.C. 209 Box 339, Burlington, Wis. Authority 6816 NOTICES sought to operate as a common carrier, vehicles, from Granite City, 111., to points pared or preserved, (1) From points in by motor vehicle, over irregular routes, in Arkansas and Louisiana. Delaware and Maryland, to points in transporting: Syrups, sweeteners, corn N o t e : Applicant states no duplication o f Ohio, Michigan, Indiana, Illinois, Wis­ syrup and blends, in bulk, in tank ve­ authority is sought. If a hearing is deemed consin, Missouri, Iowa, Minnesota, and hicles, from Granite City, 111. to points in necessary, applicant requests it be held at Kentucky, and (2) from points in At­ New York and Ohio. St. Louis, Mo. lantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, and N o t e : If a hearing is deemed necessary, No. MC 110420 (Sub-No. 445), filed applicant requests it be held at St. Louis, Mo. Salem Counties, N.J., and points in May 3, 1965. Applicant: QUALITY Accomack and Northampton Counties, No. MC 110420 (Sub-No. 440), filed CARRIERS, INC., 100 South Calumet Va., to points in Minnesota and Iowa. May 3, 1965. Applicant: QUALITY Street, Burlington, Wis. Applicant’s CARRIERS, INC., 100 South Calumet representative: Fred H. Figge, 100 South N o t e : If a hearing is deemed necessary, Calumet Street, Burlington, Wis. Au­ applicant requests it be held at Washington Street, Burlington, Wis. Applicant’s D.C. representative: Fred H. Figge, Post Office thority sought to operate as a common Box 339, Burlington, Wis. Authority carrier, by motor vehicle, over irregular No. MC 110563 (Sub-No. 29), filed sought to operate as a common carrier, routes, transporting: Syrups, sweeteners April 30, 1965. Applicant: COLDWAY by motor vehicle, over irregular routes, and blends, in bulk, in tank vehicles, FOOD EXPRESS, INC., Ohio Building, transporting: Syrups, sweeteners, and from Granite City, 111., to points in Mich­ Sidney, Ohio. Applicant’s attorney: blends, in bulk, in tank vehicles, from igan, Minnesota, and Wisconsin. Joseph Scanlan, 111 West Washington Edinburg, Ind. to points in Iowa, Idaho, N o t e : Applicant states no duplication o f Street, Chicago, 111. Authority sought Minnesota, Montana, North Dakota, authority is sought. If a hearing is deemed to operate as a common carrier, by mo­ Oregon, South Dakota, and Washing­ necessary, applicant requests it be held at tor vehicle, over irregular routes, trans­ ton. St. Louis, Mo. porting: Meats, meat products and arti­ cles distributed by meat packinghouses, N o te : If a hearing is deemed necessary, ap­ No. MC 110505 (Sub-No. 60), filed plicant requests it be held at St. Louis, Mo. April 26, 1965. Applicant: RINGLE from Garden City, Kans. and points TRANSPORT, INC., 405 South Grant within ten (10) miles thereof to points No. MC 110420 (Sub-No. 441), filed Avenue, Fowler, Ind. Applicant’s attor­ in Maine, New Hampshire, Vermont, May 3, 1965. Applicant: QUALITY ney: Robert C. Smith, 512 Illinois Build­ Massachusetts, Rhode Island, Connecti­ CARRIERS, INC., 100 South Calumet ing, Indianapolis 4, Ind. Authority cut, New Jersey, Pennsylvania, New York, Street, Burlington, Wis. Applicant’s sought to operate as a common carrier, Delaware, Maryland, and the District of representative: Fred H. Figge, Post Office by motor vehicle, over irregular routes, Columbia. Box 339, Burlington, Wis. Authority transporting: Glassware and glass con­ N o t e : If a hearing is deemed necessary, sought to operate as a common carrier, tainers, with or without caps, covers or applicant requests it be held at Kansas City, by motor vehicle, over irregular routes, stoppers, and paper cartons used in the Kans. transporting: Syrups, sweeteners, corn packing of glassware and glass contain­ No. MC 110563 (Sub-No. 30), filed syrup and blends, in bulk, in tank ve­ ers, from Winchester, Ind., to points in May 5, 1965. Applicant: COLDWAY hicles, from Granite City, 111., to points in Illinois, Missouri, Ohio, Wisconsin, Mich­ FOOD EXPRESS, INC., Ohio Building, Kentucky and Tennessee. igan, and Kentucky, and damaged and Sidney, Ohio. Applicant’s attorney: Jo­ N o t e : If a hearing is deemed necessary, ap­ rejected shipments, on return. seph Scanlan, 111 West Washington, plicant requests it be held at St. Louis, Mo. N o t e : If a hearing is deemed necessary, Chicago, 111. Authority sought to operate No. MC 110420 (Sub-No. 442), filed applicant requests it be held at Indianapolis, as a common carrier, by motor vehicle, April 30, 1965. Applicant: QUALITY Ind. over irregular routes, transporting: CARRIERS, INC., 100 South Calumet No. MC 110525 (Sub-No. 724) Meats, meat products, meat byproducts; Street, Burlington, Wis. Applicant’s and articles distributed by meat packing­ (AMENDMENT), filed April 16, 1965, houses (except commodities in bulk, in representative: Fred H. Figge, Post Office published F ederal R egister issue of May Box 339, Burlington, Wis. Authority 13, 1965, and republished as amended tank vehicles), from points in Dakota sought to operate as a common carrier, this issue. Applicant: CHEMICAL County, Nebr., to points in Maine, Ver­ by motor vehicle, over irregular routes, LEAMAN TANK LINES, INC., 520 East mont, New Hampshire, Massachusetts, transporting: Syrups, sweeteners and Lancaster Avenue, Downingtown, Pa. Rhode Island, Connecticut, New Jersey, Blends thereof, in bulk, in tank vehicles, Applicant’s attorneys: Leonard A. Jas- New York, Pennsylvania, Delaware, from Edinburg, Ind., to points in Indiana, kiewicz, 1155 15th Street, Madison Build­ Maryland, and Washington, D.C. Michigan, Ohio, Illinois, Pennsylvania, ing, Washington, D.C., 20005, and Edwin N o t e : If a hearing is deemed necessary, Kentucky, and West Virginia. H. Van Deusen, 520 East Lancaster Ave­ applicant requests it be held at Des Moines, Iowa or Omaha, Nebr. N o te : If a hearing is deemed necessary, ap­ nue, Downingtown, Pa. Authority plicant requests it be held at St. Louis, Mo. sought to operate as a common carrier, No. MC 110698 (Sub-No. 303), filed by motor vehicle, over irregular routes, May 5, 1965. Applicant: RYDER TANK No. MC 110420 (Sub-No. 443), filed transporting: Anhydrous ammonia, in LINE, INC., Post Office Box 8418, Greens­ May 3, 1965. Applicant: QUALITY bulk, and urea, dry, in bulk, from the boro, N.C. Applicant’s attorney: Fran­ CARRIERS, INC., 100 South Calumet plant site of American Cyanamid Com­ cis W. Mclnerny, 1000 Sixteenth Street Street, Burlington, Wis., 53105. Appli­ pany at Avondale, La., to points in Ala­ NW., Washington, D.C., 20036. Author­ cant’s representative: Fred H. Figge, 100 bama, Arkansas, Florida, Georgia, Kan­ ity sought to operate as a common car- South Calumet Street, Burlington, Wis., sas, Kentucky, Louisiana, Mississippi, rier, by motor vehicle, over irregular 53105. Authority sought to operate as Missouri, North Carolina, Oklahoma, routes, transporting: Commodities }n a common carrier, by motor vehicle, over South Carolina, Tennessee, and Texas. bulk (except paving tar), from points in irregular routes, transporting: Syrups, Morgan County, Ala., to points in Ala­ corn- syrup, sweeteners and blends, in N o te : The purpose of this republication bulk, in tank vehicles, from Granite City, is to add the State of Mississippi to the desti­ bama, Georgia, Illinois, Indiana, Missis­ nation points, and to correct the name of sippi, North Carolina, Ohio, Kentucky, 111., to points in Texas. the plant to read: “American Cyanamid South Carolina, Tennessee, Virginia, ana N o te : If a hearing is deemed necessary, ap­ Company.” If a hearing is deemed neces­ West Virginia. plicant requests it be held at St. Louis, Mo. sary, applicant requests it be held at Wash­ ington, D.C. N o t e : C o m m o n control m a y b e involved. No. MC 110420 (Sub-No. 444), filed If a hearing is deemed necessary, appuca May 3, 1965. Applicant: QUALITY No. MC 110563 (Sub-No. 28), filed requests it be held at Washington, D.O. CARRIERS, INC., 100 South Calumet April 30, 1965. Applicant: COLDWAY MC 111301 (Sub-No. 12), filed Street, Burlington, Wis., 53105. Appli­ FOOD EXPRESS, INC., Ohio Building, 22, 1965. Applicant: L. J- cant’s representative: Fred H. Figge, 100 Sidney, Ohio. Applicant’s attorney: JTZER, doing b u s i n ess as South Caiumet Street, Burlington, Wis., Joseph M. Scanlan, 111 West Washing­ ton Street, Chicago, 111. Authority JTZER MOTOR EXPRESS, 142 53105. Authority sought to operate as a Avenue, Mankato, Minn. P common carrier, by motor vehicle, over sought to operate as a common carrier, __ r * TV K A f i r P irregular routes, transporting: Syrups, by motor vehicle, over irregular routes, sweeteners and blends, in bulk, in tank transporting: Foodstuffs, canned, pre­ Wednesday, M ay 19, 1965 FEDERAL REGISTER 6817

Minneapolis, Minn. Authority sought F ederal R egister issue of May 5, 1965, No. MC 112668 (Sub-No. 38), filed to operate as a contract carrier, by amended May 7,1965, and republished as April 28, 1965. Applicant: HARVEY R. motor vehicle, over irregular routes, amended this issue. Applicant: THE SHIPLEY & SONS, INC., Post Office, transporting: Stone (except granite MANFREDI MOTOR TRANSIT COM­ Finksburg, Md. Applicant’s representa­ when moving in truckload lots), natural PANY, a corporation, Route 87, Newbury, tive : Donald E. Freeman, 172 East Green rough, finished, precast, fabricated, Ohio. Applicant’s attorney: John P. Street, Westminister, Md. Authority crushed, chipped and in any other form, McMahon, 44 East Broad Street, Colum­ sought to operate as a common carrier, from Mankato and Kasota, Minn., and bus, Ohio, 43215. Authority sought to by motor vehicle, over irregular routes, points within ten (10) miles thereof to operate as a contract carrier, by motor transporting: Ladders, from Westmin­ points in Ohio, Pennsylvania, New York, vehicle, over irregular routes, transport­ ster, Md., to points in Alabama, Connec­ New Jersey, Delaware, Virginia, West ing: (1) Hydrofluoric acid, in bulk, in ticut, Delaware, Florida, Georgia, Illi­ Virginia, District of Columbia, Kentucky, shipper owned tank vehicles, from Cleve­ nois, Indiana, Kentucky, Maine, Mary­ Missouri, and Maryland, and rejected land, Ohio, to points iri Maryland and land, Massachusetts, Michigan, Missis­ shipments on return. West Virginia: and (2) compressed gases, sippi, New Hampshire, New Jersey, New in bulk, in shipper owned tank vehicles, York, North Carolina, Ohio, Pennsyl­ Note: If a hearing is deemed necessary, applicant requests it be held at Minneapo­ from Cleveland, Ohio, to points in Mis­ vania, Rhode Island, South Carolina, lis, Minn. . | sissippi. Tennessee, Vermont, Virginia, West Vir­ Note: The purpose of this republication is ginia, Wisconsin, and the District of No. MC 111594 (Sub-No. 28), filed May Columbia. 3 1965. Applicant: CENTRAL WIS­ to broaden the scope of authority sought. Applicant states that the above proposed op­ Note: If a hearing is deemed necessary, CONSIN MOTOR TRANSPORT COM­ erations will be performed under continuing applicant requests it be held at Washington, PANY, a corporation, Post Office Box 200, contract or contracts with Harshaw Chemical D.C. Wisconsin Rapids, Wis. Applicant’s at­ Corp. of Cleveland, Ohio. If a hearing is torney: David Axelrod, 39 South La Salle deemed necessary, applicant requests it be No. MC 112668 (Sub-No. 39), filed Street, Chicago 3, 111. Authority sought held at Columbus, Ohio. April 28, 1965. Applicant: HARVEY R. to operate as a common carrier, by mo­ No. MC 112446 (Sub-No. 42), filed SHIPLEY & SONS, INC., Post Office, tor vehicle, over regular routes, trans­ April 28, 1965. Applicant: REFINERS Finksburg, Md. Applicant’s representa­ porting: General commodities (except TRANSPORT, INC., 1300 51st Avenue tive: Donald E. Freeman, 172 East Green those of unusual value, Classes A and B North, Post Office Box 1156, Nashville, Street, Westminster, Md., 21157. Au­ explosives, household goods as defined by Tenn. Applicant’s attorney: Clarence thority sought to operate as a common the Commission, commodities in bulk, Evans, Third National Bank Building, carrier, by motor vehicle, over irregular and those requiring special equipment), Nashville 3, Tenn. Authority sought to routes, transporting: Ground limestone, serving the plant site of the American operate as a common carrier, by motor in bulk, in dump vehicles, from Texas, Can Co. Bottle Division, Valley Park, vehicle, over irregular routes, transport­ Md., to Greenville, Pa. Minn., as an off-route point in connec­ ing : Commodities in bulk, from points in Note: Applicant states it presently holds tion with applicant’s regular route oper­ Morgan County, Ala., to points in Ala­ authority to transport ground limestone be­ ations. bama, Georgia, Mississippi, Tennessee, tween the points Involved by tacking author­ ity held at Millville, W. Va. If a hearing Note: If a hearing is deemed necessary, North Carolina, South Carolina, Ken­ is deemed necessary, applicant requests it applicant requests it be held at Minneapo­ tucky, West Virginia, Illinois, Indiana, be held at Washington, D.C. lis, Minn. and Ohio and rejected shipments only, on return. No. MC 112668 (Sub-No. 40) filed No. MC 111812 (Sub-No. 284), filed April 28, 1965. Applicant: HARVEY R. April 22, 1965. Applicant: MIDWEST Note: If a hearing is deemed necessary, COAST TRANSPORT, INC., Wilson Ter­ applicant requests it be held at Birmingham, SHIPLEY & SONS, INC., Post Office, Ala. Finksburg, Md. Applicant’s representa­ minal Building, Post Office Box 747, tive: Donald E. Freeman, 172 East Green Sioux Palls, S. Dak., 57101. Applicant’s No. MC 112446 (Sub-No. 43), filed Street, Westminster, Md., 21157. Au­ attorney: Donald L. Stern, 630 City April 28, 1965. Applicant: REFINERS thority sought to operate as a common National Bank Building, Omaha, Nebr., TRANSPORT, INC., 1300 51st Avenue carrier, by motor vehicle, over irregular 68102. Authority sought to operate as North, Post Office Box 1165, Nashville, routes, transporting: Stone products, a common carrier, by motor vehicle, over Tenn. Applicant’s attorney: Clarence from Millville, W. Va., to points in Dela­ irregular routes, transporting: Meats, Evans, Third National Bank Building, ware, New Jersey, North Carolina, and neat products, meat byproducts, articles Nashville 3, Tenn. Authority sought to the District of Columbia. distributed by meat packinghouses, and operate as a common carrier, by motor dairy products, from Sioux City, Iowa, vehicle, over irregular routes, transport­ Note: If a hearing is deemed necessary, and points in Dakota County, Nebr., to ing: Dry chemicals, in tank and hopper applicant requests it be held at Washington, points in Iowa, Minnesota, South Dakota, type vehicles, from points in Mason D.C. North Dakota, Wisconsin, Illinois, Indi­ County, W. Va., to points in Alabama, No. MC 113325 (Sub-No. 41) filed ana, Michigan, Ohio, Pennsylvania, New Arkansas, Florida, Georgia, Kentucky, April 21, 1965. Applicant: SLAY York, New Jersey, Delaware, Maryland, Louisiana, Mississippi, North Carolina, TRANSPORTATION CO., INC., 2001 West Virginia, Virginia, »Connecticut, South Carolina, Tennessee, Virginia, and South Seventh Street, St. Louis, Mo., Rhode Island, Massachusetts, Vermont, West Virginia, and rejected shipments 63104. Applicant’s attorney: Chester A. New Hampshire, Maine, and the District only, on return. Zyblut, 1000 Connecticut Avenue NW., of Columbia. Note: If a Searing is deemed necessary, Washington, D.C., 20036. Authority Note: If a hearing is deemed necessary, applicant requests it be held at Washington, sought to operate as a common carrier, applicant requests it be held at Omaha, Nebr. D.C. by motor vehicle, over irregular routes, transporting: Commodities in bulk, in No. MC 112148 (Sub-No. 33), filed May No. MC 112520 (Sub-No. 120), filed dump vehicles, from points in the St. 3, 1965. Applicant: JAMES H. POW­ April 28, 1965. Applicant McKENZIE Louis, Mo.-East St. Louis, 111., commer­ ERS, INC., Melbourne, Iowa. Appli­ TANK LINES, INC., New Quincy Road, cial zone, as defined by the Commission cants representative: William A. la n ­ Tallahassee, Fla. Applicant’s attorney: and points within 10 miles thereof, to dau, 1307 East Walnut Street, Des Norman J. Bolinger, 1730 American points in Illinois, Indiana, Michigan, Moines 16, Iowa. Authority sought to Heritage Life Building, Jacksonville, Fla., Wisconsin, Iowa, Nebraska, Kansas, operate as a common carrier, by motor 32202. Authority sought to operate as Oklahoma, Arkansas, Tennessee, and in ’ over irregular routes, transport­ a common carrier, by motor vehicle, over Kentucky. ing' J;°°dstuffs, from Decatur and Law- irregular routes, transporting: Chemi­ on, Mich., to points*in Missouri. cals, in bulk, between points in St. Note: If a hearing is deemed necessary, Charles Parish, La., on the one hand, applicant requests it be held at Washington, imnrTE: a hearing is deemed necessary, and, on the other, points in the United D.C. low C£Ult requests it: he held at Des Moines, States (except Alaska and Hawaii). No. MC 113362 (Sub-No. 69) filed Note: If a hearing is deemed necessary, April 22,1965. Applicant: ELLSWORTH No^MC 112184 (Sub-No. 20) (AMEND- applicant requests it be held at New Orleans, FREIGHT LINES, INC., 220 East Broad­ Sled April 16,1965, published in La. way, Eagle Grove, Iowa. Applicant’s at- N o. 96------8 6818 NOTICES tomey: Donald L. Stem, 630 City Na­ No. MC 113678 (Sub-No. 133), filed Authority sought to operate as a com­ tional Bank Building, Omaha, Nebr. April 23, 1965. Applicant: CURTIS, mon carrier, by motor vehicle, over ir­ Authority sought to operate as a common INC., 770 East 51st Avenue, Denver, Colo., regular routes, transporting: Meats carrier, by motor vehicle, over irregular 80216. Applicant’s attorney: Duane W. meat products, meat byproducts, and routes, transporting: Meats, meat prod­ Acklie, Post Office Box 2028, Lincoln, articles distributed by meat packing­ ucts, meat byproducts, and articles dis­ Nebr. Authority sought to operate as a houses (except hides and commodities tributed by meat packinghouses, as common carrier, by motor vehicle, over in bulk, in tank vehicles) , as described described in Appendix I to the report in irregular routes, transporting: Food in Appendix Tin Descriptions in Motor Descriptions in Motor Carrier Certifi­ products (except frozen foods) in ve­ Carrier Certificates, 61 M.C.C. 209 and cates, 61 M.C.C. 209 and 766 (except hicles equipped with mechanical refrig­ 766, from points in Dakota County, Nebr. commodities in bulk, in tank vehicles, eration, from New York, N.Y., and points to points in Illinois, Indiana, West Vir­ and except hides), from Minden, Nebr., in the New York, N.Y., commercial zone ginia, Virginia, Michigan, New Jersey, and points within 5 miles thereof, to and Union County, N.J., to points in Delaware, Pennsylvania, New Yorkl points in Iowa, Minnesota, Wisconsin, Ohio, West Virginia, Kentucky, Indiana, Maryland, Maine, New Hampshire, Ver­ Indiana, Ohio, Pennsylvania, New York, Illinois, Missouri, Arkansas, Oklahoma, mont, Connecticut, Massachusetts, Vermont, Connecticut, Rhode Island, Michigan, Kansas, Colorado, New Rhode Island, Ohio, and Washington. Massachusetts, New Hampshire, Maine, Mexico, Arizona, California, Nevada, D.C. Maryland, Delaware, the District of Co­ Utah, Iowa, Minnesota, Nebraska, South N o t e : If a hearing is deemed necessary, lumbia, Virginia, West Virginia, New Dakota, North Dakota, Wyoming, Idaho, applicant does not specify place of hearing. Jersey, and Michigan. Montana, Oregon, and Washington. No. MC 114019 (Sub-No, 135), filed N o t e : If a hearing is deemed ^necessary, N o t e : If a hearing is deemed necessary, applicant does not specify place of hearing. applicant requests it be held at New York, May 3, 1965. Applicant: MIDWEST N.Y. EMERY FREIGHT SYSTEM, INC., 7000 No. MC 113495 (Sub-No. 18) [ filed May South Pulaski Road, Chicago 3, 111. Ap­ 4, 1965. Applicant: GREGORY HEAVY No. MC 113678 (Sub-No; 136), filed plicant’s attorney: David Axelrod, 39 HAULERS, INC., 2 Main Street, Nash­ May 4, 1965. Applicant: CURTIS, INC., South La Salle Street, Chicago 3, 111. ville, Tenn. Applicant’s attorney: Wil- 770 East 51st Avenue, Denver, Colo., Authority sought to operate as a com­ mer B. Hill, Transportation Building, 80216. Applicant’s attorney: Duane W. mon carrier, by motor vehicle, over ir­ Washington, D.C., 20006. Authority Acklie, Post Office Box 2028, Lincoln, regular routes, transporting: Meats, sought to operate as a common carrier, Nebr. Authority sought to operate as a meat products, meat byproducts, and ar­ by motor vehicle, over irregular routes, common carrier, by motor vehicle, over ticles distributed by meat packinghouses transporting: (1) Trucks, in initial irregular routes, transporting: Meats, (except hides and commodities in bulk, movements, in truckaway service, from meat products, dairy products, and ar­ in tank vehicles), as described in Ap­ Decatur, 111., to points in Virginia, North ticles distributed by meat packinghouses, pendix I to the report in Descriptions in Carolina, and Tennessee, and (2) parts, from Denver, Colo., to points in Ar­ Motor Carrier Certificates, 61 M.C.C. 209 attachments, and accessories for the kansas, Georgia, Kentucky, North Caro­ and 766, from Darr, Nebr., to points in commodities in (1) above, from Decatur, lina, South Carolina, Tennessee, Vir­ Illinois, Indiana, West Virginia, Virginia, Morton, and Joliet, 111., to points in Vir­ ginia, and West Virginia. Michigan, New Jersey, Delaware, Penn­ ginia, North Carolina, and Tennessee. Note: If a hearing is deemed necessary, sylvania, New York, Maryland, Maine, applicant requests it be held at Denver, Colo. New Hampshire, Vermont, Connecticut, N o te : Applicant states it presently holds Massachusetts, Rhode Island, Ohio, and authority in MC 113495 Sub 0 to transport No. MC 113678 (Sub-No. 141), filed numerous commodities from the origin points the District of Columbia. named above to the same destination points May 10,1965. Applicant: CURTIS, INC., 770 East 51st Avenue, Denver, Colo. Ap­ N o t e : I f a hearing is deemed necessary, named above. The purpose of this applica­ applicant does not specify a location. tion is to add the items in (1) and (2) to plicant’s attorney: Duane W. Acklie, Post the present commodity description. Office Box 2028, Lincoln, Nebr. Au­ No. MC 114019 (Sub-No. 136)," filed N o t e : If a hearing is deemed necessary, thority sought to operate as a common May 3, 1965. Applicant: MIDWEST applicant requests it be held at Chicago, carrier, by motor vehicle, over irregular EMERY FREIGHT SYSTEM, INC., 7000 111., or Washington, D.C. routes, transporting: Foodstuffs (other South Pulaski Road, Chicago 3, 111. Ap­ No. MC 113678 (Sub-No. 132) (CLARI­ than frozen), from points in Cumberland plicant’s attorney: David Axelrod, 39 FICATION), filed April 19, 1965, pub­ County, N.J., to points in Colorado, Iowa, South La Salle Street, Chicago 3, 111. lished in F ederal R egister issue of May Minnesota, Nebraska, North Dakota, Authority sought to operate as a com­ 5, 1965, and republished as clarified this South Dakota, Wisconsin, and Milan, mon carrier, by motor vehicle, over ir­ 111. regular routes, transporting: Meats,meat issue. Applicant: CURTIS, INC., 770 products, meat byproducts, and articles East 51st Avenue, Denver, Colo., 8Q216. N o t e : If a hearing is deemed necessary, applicant requests it be held at Philadelphia, distributed by meat packinghouses (ex­ Applicant’s attorney: Duane W. Acklie, Pa. cept hides and commodities in bulk, in Post Office Box 2028, Lincoln, Nebr. tank vehicles), as described in Appendix Authority sought to operate as a com­ No. MC 113828 (Sub-No. 85), filed May I to the report in Descriptions in Motor mon carrier, by motor vehicle, over ir­ 7, 1965. Applicant: O’BOYLE TANK Carrier Certificates, 61 M.C.C. 209 and regular routes, transporting: Meats, meat LINES, INCORPORATED, 4848 Cordell 766, from Lexington, Nebr., and points Avenue NW., Washington 14, D.C. Ap­ within five (5) miles thereof, to points products, meat byproducts and articles plicant’s attorney: William P. Sullivan, distributed by meat packinghouses as in Illinois, Indiana, West Virginia, Vir­ 1825 Jefferson Place NW., Washington, ginia, Michigan, New Jersey, Delaware, described in Appendix I, Descriptions in D.C., 20036._ Authority sought to operate Pennsylvania, New York, Maryland, Motor Carrier Certificates, 61 M.C.C. 209 as a common carrier, by motor vehicle, Maine, New Hampshire, Vermont, Con­ (272-273), from New York City, N.Y., over irregular routes, transporting: Dry necticut, Massachusetts, Rhode Island, and Washington, D.C., to Baltimore, cement and dry hydrated lime, from the Ohio, and the District of Columbia. Md., and Philadelphia, Pa. terminal site of Southern Cement Com­ pany, Division of Martin-Marietta Cor­ N o t e : If a hearing is deemed necessary, N o t e : Applicant states that the sole pur­ applicant does not specify a location. pose of this application is for tacking this poration, Charlotte, N.C., to points in authority with the authority now held by South Carolina and Virginia. 5, 1965. Applicant: MI£WEST T FREIGHT SYSTEM, INC., 7000 applicant in MC 113678 (from Denver, Colo., N o t e : If a hearing is deemed necessary,, to Washington, D.C., New York, N.Y., and applicant requests it be held at Washington, Pulaski Road, Chicago, 111. Appli- Boston,, M ass.), and MC 113678 Sub 7 (from D.C. ittorney : David Axelrod, 39 Soutn Greeley, Colo., to New Haven, Conn., Savan­ Authority nah, Ga., Lexington, Ky., Boston, Mass., New No. MC 114019 (Sub-No. 134), filed e Street, Chicago 3, 111. York, N.Y., Knoxville, Tenn., and Washing­ May 3, 1965. Applicant: MIDWEST to operate as a common earner, ton, D.C.). The purpose of this republi­ EMERY FREIGHT SYSTEM, INC., 7000 ;or vehicle, over irregular routes, cation is to clarify the note that was pre­ South Pulaski Road, Chicago, 111. Ap­ jrting : Meats, meat products, viously published. If a hearing is deemed vvroducts and articles distributed necessary, applicant requests it be held at plicant’s attorney: David Axelrod, 39 Denver, Colo. South La Salle Street, Chicago 3, 111. Wednesday, M ay 19, 1965 FEDERAL REGISTER 6819 commodities in bulk, in tank vehicles), attorney: Marion F. Jones, Suite 420, by motor vehicle, over irregular routes, as described in Appendix I to the report Denver Club Building,. Denver, Colo. transporting: Glass containers, one gal­ in Descriptions in Motor Carrier Certifi­ Authority sought to operate as a common lon or less in capacity, from Winchester, cates, 61 M.C.C. 209 and 766, from Min- carrier, by motor vehicle, over irregular Ind., to Oconomowoc and Racine, Wis., den, Nebr., and points within five (5) routes, transporting: Dairy products, and returned shipments, pallets, and miles thereof, to points in Illinois, Indi­ from Parsons, Salina, and Moline, Kans., skids on return. ana, West Virginia, Virginia, Michigan, to points in Arizona, California, Colo­ Note: Applicant is also authorized to con­ New Jersey, Delaware, Pennsylvania, rado, New Mexico, and points in Texas duct operations as a common carrier in Cer­ New York, Maryland, Maine, New Hamp­ on and west of U.S. Highway 87 to Big tificate MC 109611 Sub 2, therefore dual op­ shire, Vermont, Connecticut, Massachu­ Springs, Tex., and on and north of U.S. erations may be involved. If a hearing is Highway 80. deemed necessary, applicant requests it be setts, Rhode Island, Ohio, and the Dis­ held at Indianapolis, Ind. trict of Columbia. N o t e : If a hearing is deemed necessary, Note: If a hearing is deemed necessary, applicant requests it be held at Washington, No. MC 115162 (Sub-No. 113), filed applicant does not specify a location. D.C., or Denver, Colo. May 6, 1965. Applicant: WALTER POOLE, doing business as POOLE No. MC 114061 (Sub-No. 14), filed No. MC 114364 (Sub-No. 105), filed TRUCK LINE, Post Office Box 310, Ever­ March 3, 1965. Applicant: HARRY April 23, 1965. Applicant: WRIGHT green, Ala. Applicant’s representative: SCHNEIDER AND ROSE F. MOTOR LINES, INC., 16th and Elm Robert E. Tate, 2031 9th Avenue, South SCHNEIDER, a partnership, doing busi­ Street,. Rocky Ford, Colo. Applicant’s Birmingham, Ala. Authority sought to ness as SCHNEIDER’S TRANSFER, attorney: Marion F. Jones, Suite 420, operate as a common carrier, by motor Fourth and Maury Streets, Richmond 25, Denver Club Building, Denver, Colo. vehicle, over irregular routes, transport­ Va. Applicant’s attorney: Jno. C. God- Authority sought to operate as a com­ ing: Truck bodies, knocked down and din, Insurance Building, 10 South 10th mon carrier, by motor vehicle, over ir­ parts therefor, from Wapakoneta, Ohio, Street, Richmond, Va., 23219. Author­ regular routes, transporting: Fertilizer, to points in Georgia, Louisiana, Florida, ity sought to operate as a contract car­ fertilizer ingredients, and fertilizer com­ Mississippi, and Alabama (except Bir­ rier, by motor vehicle, over irregular pounds, in bags and packages, from mingham and 65 miles thereof, and routes, transporting: Such merchandise Henderson, Manzanola and Pueblo, Mobile). as is dealt in by wholesale, retail, gen­ Colo., to points in Arizona, Kansas, New Mexico, Oklahoma, and Texas. N o t e : If a hearing is deemed necessary, eral, and chain grocery and food busi­ applicant requests it be held at Atlanta, Ga., ness houses, and, in connection there­ N o t e : If a hearing is deemed necessary, or Cincinnati, Ohio. with, equipment, materials, and supplies applicant requests it be held at Denver, Colo. used in the conduct of such business, be­ No. MC 115257 (Sub-No. 17), filed tween the facilities of the Great Atlan­ No. MC 114457 (Sub-No. 31), filed May April 28, 1965. Applicant: SHAMROCK tic & Pacific Tea Company, Inc., located 5, 1965. Applicant:' DART TRANSIT VAN LINES, INC., Post Office Box 5447, in Virginia and points in McDowell, COMPANY, a corporation, 780 North Dallas, Tex. Applicant’s attorney: Max Mingo, Mercer, Monroe, Greenbrier, Prior Avenue, St. Paul, Minn. Appli­ G. Morgan, 443-54 American National Summers, Wyoming, and "Raleigh Coun­ cant’s attorney: Charles W. Singer, 33 Building, Oklahoma City 2, Okla. Au­ ties, W.Va. North La Salle Street, Chicago, 111., thority sought to operate as a common 60602. Authority sought to operate as carrier, by motor vehicle, over irregular Note: If a hearing is deemed necessary, a common carrier, by motor vehicle, over routes, transporting: Fixtures, including applicant requests it be held at Richmond, irregular routes, transporting: Dairy Va. but not limited to refrigeration units, products and byproducts, and such ma­ display cases, prefabricated walk-in cool­ No. MC 114211 (Sub-No. 78), filed terials, supplies, and equipment as are ers and air-conditioning units, restricted April 26, 1965. Applicant: WARREN incidental to 'the production, packing to when moving in mixed shipments con­ TRANSPORT, INC., Post Office Box 420, and sale of dairy products and byprod­ sisting of crates and uncrated items, be­ Waterloo, Iowa, 50704. Applicant’s at­ ucts, (1) from Minneapolis and St. Paul, tween San Antonio, Tex., on the one torney: Charles W. Singer, 33 North La Minn., to Topeka, Kans.; and (2) from hand, and, on the other, points in the Salle Street, Chicago 2, 111. Authority points in Rice, Goodhue, Waseca, Free­ continental United States including the sought to operate as a common carrier, born, and Jackson Counties, Minn., to ports of entry located on the Interna­ by motor vehicle, over irregular routes, St. Joseph and Kansas City, Mo., and tional Boundary lines between the United transporting: Tractors, and tractor at­ Topeka, Kans. States and Canada and between the tachments, agricultural implements, and N o t e : If a hearing is deemed necessary, United States and Mexico. agricultural machinery and parts, from applicant requests it be held at Chicago. 111. Bloomington, Minn., to points in Wis­ N o t e : If a hearing is deemed necessary, consin, Minnesota, Iowa, Montana, North No. MC 114647 (Sub-No. 17), filed applicant requests it be held at Dallas, Tex. Dakota, South Dakota, and the Upper April 22, 1965. Applicant: ROBERT E. No. MC 115331 (Sub-No. 133), filed Peninsula of Michigan, and rejected PLETCHER, doing business as PLET- April 29, 1965. Applicant: TRUCK shipments, on return. CHER TRANSFER & STORAGE, 605 TRANSPORT, INCORPORATED, 707 Note: If a hearing is deemed necessary, East J Street, Forest City, Iowa. Au­ Market Street, St. Louis, Mo. Author­ applicant requests it be held at Chicago, 111. thority sought to operate as a common ity sought to operate as a common car­ carrier, by motor vehicle, over irregular rier, by motor vehicle, over irregular No. MC 114273 (Sub-No. 15), filed April routes, transporting: Travel trailers routes, transporting: Lime, limestone, 28, 1965. Applicant: CEDAR RAPIDS (house Vacation trailers), travel coaches, and limestone products, from Kansas STEEL TRANSPORTATION, INC., 3930 topper coaches, campers and camp City, Mo., to points in Kansas, Missouri, 16th Avenue SW., Post Office Box 1904, coaches, in initial movements, in trucka- and Nebraska. Cedar Rapids, Iowa. Applicant’s attor­ way and towaway service, from Forest ney: William P. Sullivan, 1825 Jefferson N o t e : If a hearing is deemed necessary, City, Iowa, to points in New Mexico, applicant requests it be held at St. Louis or Place NW., Washington, D.C., 20036. Idaho, and Washington, and damaged, Kansas City, Mo. Authority sought to operate as a com­ unclaimed, rejected and returned ship­ mon carrier, by motor vehicle, over ir­ ments of the above commodities on No. MC 115331 (Sub-No. 134), filed regular routes transporting: Iron and return. May 3, 1965. Applicant: TRUCK steel articles, between Sterling and Rock TRANSPORT INCORPORATED, 707 N o t e : If a hearing is deemed necessary, ■falls, 111., on the one hand, and, on the applicant requests it be held at Forest City, Market Street, St. Louis, Mo. Author­ other, points in Iowa. Iowa. ity sought to operate as a common car­ °TE: K a hearing is deemed necessary, rier, by motor vehicle, over irregular ppiicant requests it be held at Davenport, No. MC 115066 (Sub-No. 6), filed April routes, transporting: (1) Charcoal, char­ Iowa, or Chicago, 111. 23, 1965. Applicant: LEE MOTOR coal briquettes, and (2) wood chips, LINES, INC., Post Office Box 728, Mun- vermiculite, lighter fluid and associated No. MC 114364 (Sub-No. 104), filed cie, Ind. Applicant’s attorney: Donald items used or useful in the preparation 20> 1965. Applicant: WRIGHT W. Smith, Suite 511 Fidelity Building, of barbecue, when moving in the same MOTOR LINES, INC., 16th and Elm Indianapolis, Ind., 46204. Authority vehicle with items specified in (1) above, street, Rocky Ford, Colo. Applicant’s sought to operate as a contract carrier, from Burnside, Ky., to points in Michi- 6820 NOTICES gan, Minnesota, Wisconsin, and points in Applicant’s attorney: Mert Starnes, 721 Maine, New Hampshire, Vermont and Illinois (except Chicago) on and north Brown Building, Austin, Tex., 78701. Wisconsin. of U.S. Highway 36 and points in Indiana Authority sought to operate as a com­ N o t e : Applicant states that it can pres­ (except Indianapolis) on and north of mon carrier, by motor vehicle, over ir­ ently serve all destination territory shown U.S. Highway 36. regular routes, transporting: Commodi­ above by tacking its various certificates, ex­ N o t e : If a hearing is deemed necessary, ties, in bulk, having prior movement by cept all of Arkansas, and the States of nih^is applicant requests it be held at Mil­ rail, water, or pipeline, between points and Michigan. If a hearing is deemed nec­ waukee, Wis., Louisville, Ky. or Washington, in the United States (except Alaska and essary, applicant requests it be held at D.C. Hawaii). Washington, D.C. No. MC 115491 (Sub-No. 68), filed N o t e : Applicant states that i t seeks no No, MC 117416 (Sub-No. 14), filed April 22, 1965. Applicant: COMMER­ duplicating authority. If a hearing is April 20, 1965. Applicant: NEWMAN CIAL CARRIER CORPORATION, 502 deemed necessary, applicant requests it be AND PEMBERTON CORPORATION, East Bridgers Avenue, Auburndale, Fla. held a t Houston, Tex. 2007 University Avenue NW., Knoxville! Authority sought to operate as a com­ No. MC 116099 (Sub-No. 1), filed April Tenn. Applicant’s attorney: William p! mon carrier, by motor vehicle, over ir­ 22, 1965. Applicant: WOODWORTH & Sullivan, 1825 Jefferson Place NW., regular routes, transporting: Dairy prod­ SONS, INC., Tolono, HI. Applicant’s Washington, D.C. Authority sought to ucts substitutes and beverage prepara­ attorney: Robert T. Lawley, 306-308 operate as a common carrier, by motor tions, requiring refrigeration in vehicles Reisch Building, Springfield, HI. Au­ vehicle, over irregular routes, transport­ equipped for temperature control, from thority sought to operate as a common ing: (1) Canned and processed foodstuffs Chicago, 111. to points in Alabama, Flor­ carrier, by motor vehicle, over irregular (other than frozen), (a) from Louisville, ida, Georgia, Kentucky, Mississippi, routes, transporting: Crude and edible Ky., and points in Indiana on, east, and North Carolina, South Carolina, Tennes­ vegetable oils, in bulk, from Decatur, south of a line beginning at the Ken- see, Virginia, and West Virginia. Bloomington, and Gibson City, 111., to tucky-Indiana State line and extending Havana and Mapleton, HI. north along Indiana Highway 135 to In­ N o t e : If a hearing is deemed necessary, dianapolis, Ind., thence along U.S. High- applicant requests it be held at Chicago, 111. N o t e : If a hearing is deemed necessary, applicant requests it be held at Springfield, ,way 31 to junction Indiana Highway 26, No. MC 115841 (Sub-No. 237) filed 111. thence east along Indiana Highway 26 to April 22, 1965. Applicant: COLONIAL the Indiana-Ohio State line to points in REFRIGERATED TRANSPORTATION, No. MC 116254 (Sub-No. 57), filed May Alabama, Arkansas, Florida, Georgia, Il­ INC., 1215 Bankhead Highway West, Post 5, 1965. Applicant: CHEM-HAULERS, linois, Indiana, Kentucky, Louisiana, Office Box 2169, Birmingham, Ala. Au­ INC., Post Office Box 245, Sheffield, Ala. Maryland, Mississippi, North Carolina, thority sought to operate as a common Applicant’s attorney : Walter Harwood, Ohio, South Carolina, Tennessee, Vir­ carrier, by motor vehicle, over irregular Nashville Bank and Trust Building, ginia, West Virginia, and the District of routes, transporting: Frozen foods, from Nashville 3, Tenn. Authority sought to Columbia, (b) from Knoxville, Tenn., to Cleveland, Ohio, to points in Florida, operate as a common carrier, by motor points in Alabama, Arkansas, Florida, restricted to the transportation of traffic vehicle, over irregular routes, transport­ Georgia, Hlinois, Indiana, Kentucky, in consolidated lots moving on a single ing: Commodities, in bulk, having a prior Louisiana, Missouri, Mississippi, North bill of lading, the components of which or subsequent movement by rail, water, Carolina, Ohio, South Carolina, Virginia, are destined to points in more than one or pipeline, between points in Alabama, and West Virginia, (c) from Newport, State. Arkansas, Florida, Georgia, Louisiana, Sevierville, and Tellico Plains, Tenn., to N o t e : If a hearing is deemed necessary, Mississippi, Missouri, Oklahoma, Ten­ points in Alabama, (2) cleaning com­ applicant requests it be held at Cleveland, nessee, and Texas. pounds and paper napkins, when loaded O h io . N o t e : If a hearing is deemed necessary, with canned or processed foodstuffs, from applicant requests it be held at Montgomery Indianapolis, Ind., to points in Alabama, No. MC 116038 (Sub-No. 24) filed April or Birmingham, Ala., or New Orleans, La., or Arkansas, Florida, Georgia, Illinois, Ken­ 27, 1965. Applicant: NORTHERN MO­ Memphis, Tenn., or Atlanta, Ga. tucky, Louisiana, Maryland, Mississippi, TOR CARRIERS, INC., Route 9 Sara­ North Carolina, Ohio, South Carolina, toga Road, Fort Edward, N.Y. Appli­ No. MC 116763 (Sub-No. 51) , filed Tennessee, Virginia, West Virginia, and cant’s attorney: Harold G. Hernly, 711 April 22, 1965. Applicant: CARL SUB- the District of Columbia. Fourteenth Street NW., Washington 5, LER TRUCKING, INC., Auburndale, Fla. Applicant’s mailing address, North Note: Applicant states it “now holds a D,C; Authority sought to operate as a portion of the authority sought but does not common carrier, by motor vehicle, over West Street, Versailles, Ohio. Authority seek duplicate authority.’* If a hearing is irregular routes, transporting: Talc, in sought to operate as a common carrier, deemed necessary, applicant requests it be bulk, in pressure differential tank vehi­ by motor vehicle, over irregular routes, held at Indianapolis, Ind. cles, from West Windsor, Vt., to North transporting: Animal and poultry feeds Brunswick, N.J., and refused and re­ and supplements therefor, between points No. MC 117574 (Sub-No. 121), filed jected material, on return. in Alabama, "Georgia, Mississippi, and April 23, 1965. Applicant: DAILY EX­ PRESS, INC., Post Office Box 39, M.R. N o te : Applicant is also authorized to con­ South Carolina, on the one hand, and, on the other, points in Florida. No. 3, Carlisle, Pa. Authority sought to duct operations as a contract carrier in Per­ by motor m it MC 117561 and subs thereunder, there­ operate as a common carrier, N o t e : If a hearing is deemed necessary, vehicle, over irregular routes, transport­ fore, dual operations may be involved. If applicant requests it be held at Atlanta, Ga. a hearing is deemed necessary, applicant re­ ing: Tractors, with or without attach­ quests it be held at Washington, D.C. No. MC 117119 (Sub-No. 209), filed ments, tractor attachments, lawn, farm and gardening and snow removal equip­ No. MC 116063 ■’ East Main Street, Versailles DUSTRY SUPPLIERS LTD., 400 Archi­ „ Authority sought to operate as i special equipment), between points in bald Street, St. Boniface, Manitoba, irvo fry motor vehicle, ove: that part of Alaska bounded by a line Canada. Applicant’s attorney: Donald /on/f ar rou^es> transporting: Frozer beginning at the junction of the United A. Morken, 1000 First National Bank frrwl an^. frozen products, includini States-Canada Boundary line and Alas­ Building, Minneapolis, Minn., 55402. New and poultry food, iron ka Highway 2, at or near Boundary, Authority sought to operate as a com­ •Bedford, Mass., and points withii Alaska, and extending north along the mon carrier, by motor vehicle, over ir- 6822 NOTICES

regular routes, transporting: Petroleum cago) and points in Lake, Porter, Jasper, doing business as CANOVA TRANSFER and petroleum products, in foreign com­ La Porte, Newton, Starke, St. Joseph, Canova, S. Dak. Authority sought to merce only, from points in Minnesota Elkhart, and Marshall Counties, ind. operate as a common carrier, by motor and North Dakota, to the ports of entry Restricted against the transportation in vehicle, over irregular routes, transport­ located on the international boundary bulk in tank vehicles. ing: General commodities, between Sioux line between the United States and Can­ N o t e : I f a hearing is deemed necessary, Falls, Canova, Unityville, and Epiphanv ada located in Minnesota and North S. Dak. Dakota. applicant requests it be held at Chicago, 111. No. MC 119778 (Sub-No. 88).filed May N o t e : If a hearing is deemed necessary N o t e : If a hearing is deemed necessary, applicant does not specify place of hearing! applicant requests it be held at Minneapolis, 3, 1965. Applicant: REDWING CAR­ Minn. RIERS, INC., Post Office Box 34, No. MC 123393 (Sub-No. 63), filed Powderly Station, Birmingham, Ala. April 22, 1965. Applicant: BILYEU No. MC 119567 (Sub-No. 3), filed April Applicant’s attorney: Frank B. Hand, REFRIGERATED TRANSPORT COR­ 22, 1965. Applicant: F. H, McCLURE Jr., 921 17th Street NW., Washington 6, PORATION, 1914 East Blaine Street, AND R. V. ESTELL, a partnership, doing D.C. Authority sought to operate as a Springfield, Mo. Applicant’s attorney: business as EMPIRE TRANSPORT, 2007 common carrier, by motor vehicle, over Herman W. Huber, 101 East High Street, Overland Road, Boise, Idaho. Appli­ irregular routes, transporting: Commod­ Jefferson City, Mo. Authority sought to cant’s attorney: Kenneth G. Bergquist, ities in bulk, having a prior movement operate as a common carrier, by motor 110 Bank of Idaho Building, Boise, Idaho, by rail, water, or pipeline, between points vehicle, over irregular routes, transport­ 83702. Authority sought to operate as a in Alabama, Arkansas, Florida, Georgia, ing: Meats, meat products, meat by­ common carrier, by motor vehicle, over Louisiana, Mississippi, Missouri, Okla­ products and articles distributed by meat irregular routes, transporting: Cement homa, Tennessee, and Texas. and cement products, in containers or in packinghouses, from Lexington, Nebr., N o t e : If a hearing is deemed necessary, and points within five (5) miles thereof, bulk, from Lime, Oreg., to the Hells Can­ applicant requests it be held at New Orleans, and Minden, Nebr., and points within yon Dam Site located on the Snake River La., or Atlanta, Ga. between Oregon and Idaho, approxi­ five (5) miles thereof, to points in Ari­ mately fourteen (14) miles north of No. MC 119944 (Sub-No. 6), filed April zona, California, Idaho, Nevada, Oregon, Homestead, Oreg. 28, 1965. Applicant: BROCKWAY Utah, and Washington, and exempt FAST MOTOR FREIGHT, INC., 568 commodities on return. N o t e : If a hearing is deemed necessary, ap­ plicant requests it be held at Boise, Idaho. Central Avenue, Somerville, N.J. Appli­ N o t e : If a hearing is deemed necessary, cant’s representative: Bert Collins, 140 applicant requests it be held at Washington, No. MC 119684 (Sub-No. 5), filed Cedar Street, New York 6, N.Y. Author­ D.C. March 24, 1965. Applicant: FULLER­ ity sought to operate as a common car­ No. MC 123393 (Sub-No. 64), filed TON MOTOR TRUCK SERVICE, INC., rier, by motor vehicle, over irregular April 22, 1965. Applicant: BILYEU RE­ 1821 West 33d Place, Chicago, 111., 60608. routes, transporting: Talc, in bulk, in FRIGERATED TRANSPORT CORPO­ Applicant’s representative: George S. pressure differential tank vehicles, from RATION, 1914 East Blaine Street, Mullins, 4704 West Irving Park Road, the Town of West Windsor, Vt., to points Springfield, Mo. Applicant’s attorney: Chicago, 111., 60641. Authority sought to in New Jersey: Herman W. Huber, 101 East High Street, operate as a common carrier, by motor N o t e : If a hearing is deemed necessary, Jefferson City, Mo. Authority sought to vehicle, over irregular routes, transport­ applicant requests it be held at Washington, operate as a common carrier, by motor ing: (1) Compressed gases (not including D.C., or New York, N.Y. vehicle, over irregular routes, transport­ petroleum gases), in multiple - cylinder ing: Meats, meat products, meat byprod­ or tube trailers, (2) liquid gases (cryo­ No. MC 120240 (Sub-No. 2), filed May 5, 1965. Applicant: FREEMAN TRANS­ ucts, and articles distributed by meat genics) (not including petroleum gases), packinghouses, as described in sections in pressure vehicles, between Chicago FER, INC., Fremont, Nebr. Applicant’s attorney: Bill Gilmore, Dodge County A and C of Appendix I to the report in and Sterling, 111., on the one hand, and, Descriptions in Motor Carrier Certifi­ on the other, points in Indiana, Iowa, Courthouse, Fremont, Nebr. Authority sought to operate as a common carrier, cates, 61 M.C.C. 209 and 766 (except Michigan, Missouri, Ohio, and Wiscon­ hides and commodities in bulk, in tank sin (3) empty or partially empty multi­ by motor vehicle, over irregular routes, transporting: Meat, meat products, meat vehicles), from Lexington, Nebr., and ple cylinder banks, and multiple cylinder points within five (5) miles thereof, and or tube trailers, between points in Indi­ byproducts and articles distributed by meat packinghouses (except hides and Minden, Nebr., and points within five ana, Iowa, Michigan, Missouri, Ohio, and (5) miles thereof, to points in Arkansas, Wisconsin, on the one hand, and, on the liquids in bulk, in tank vehicles), from points in Saunders County, Nebr., to Illinois, Iowa, Kansas, Missouri, Okla­ other, Chicago, and Sterling, 111., and (4) homa, Tennessee, Kentucky, and Indiana. compressed gases (not including petro­ points in Missouri on and south of U-S. leum gases), in pressure cylinders, in Highway 40 and points in Kansas on and N o t e : If a hearing is deemed necessary, specially constructed motor vehicles, be­ south of U.S. Highway 50. applicant requests it be held at Omaha, Nebr. tween Chicago and Sterling, 111., on the N o t e : I f a hearing is deemed necessary, No. MC 123888 (Sub-No. 6), filed May one hand, and, on the other, points in applicant requests it be held at Fremont, 3,1965. Applicant: CANA TRANSPORT Indiana, Iowa, Michigan, Missouri, Ohio, Nebr. CO., INC., 706 Franklin Avenue, Endi- and Wisconsin. No. MC 120543 (Sub-No. 28), filed cott, N.Y. Applicant’s attorney: Donald N o t e : If a bearing is deemed necessary, April 22, 1965. Applicant: FLORIDA C. Carmien, 300 Press Building, Bing­ applicant requests It be held at Chicago, 111. REFRIGERATED SERVICE, INC., U.S. hamton, N.Y., 13902. Authority sought 301, North, Post Office Box 1297, Dade to operate as a contract carrier, by motor No. MC 119767 (Sub-No. 74) filed April City, Fla., 33525. Applicant’s attorney: vehicle, over irregular routes, transport­ 28, 1965. Applicant: BEAVER TRANS­ Lawrence D. Fay, Post Office Box 1086, ing: Green cattle hides, for the account PORT CO., a corporation, 100 South Jacksonville, Fla., 32201. Authority of Memphis Hide Corporation, from Calumet Street, Burlington, Wis. Appli­ Memphis, Tenn., to Buffalo, N.Y. cant’s representative: Fred H. Figge, sought to operate as a common carrier, Post Office Box 339, Burlington, Wis. by motor vehicle, over irregular routes, N o t e : If a hearing is deemed necessary, Authority sought to operate as a common transporting: Foodstuffs, from Plant applicant requests it be held at Binghamton, carrier, by motor vehicle, over irregular City, Fla., to points in Mississippi, Loui­ N.Y,: routes, transporting: Meats, meat prod­ siana, Arkansas, Texas, Oklahoma, No. MC 124078 (Sub-No. 137), filed ucts, and meat byproducts, as described Kansas, Nebraska, North Dakota, South April 28, 1965. Applicant: SCHWER- in Section A of Appendix I to the report Dakota, Wyoming, Colorado, New Mex­ MAN TRUCKING CO., a corporation, in Descriptions in Motor Carrier Certifi­ ico, Arizona, Utah, Idaho, Nevada, Cali­ 611 South 28th Street, Milwaukee, Wis., cates 61 M.C.C. 209 and 766 (except fornia, Oregon, and Washington, and 53246. Applicant’s attorney: James R. hides), Cl) from Peoria, 111., to points in exempt commodities, on return. Ziperski (same address as applicant!. Iowa and Wisconsin and (2) from Cedar N o t e : I f a hearing is deemed necessary, Authority sought to operate as a com­ Rapids, Dubuque, Ottumwa, and Water­ applicant requests it be held at Tampa, Fla. mon carrier, by motor vehicle, over irreg­ loo, Iowa, and Omaha, Nebr., to points No. MC 120792 (Sub-No. 2), filed April ular routes, transporting: Commodities, in Illinois (except E. St. Louis and Chi­ 23, 1965. Applicant: G. A. MEYER, JR., in bulk, from points in Morgan County, Wednesday, M ay 19, 1965 FEDERAL REGISTER 6823 Ala to points in Alabama, Georgia, Illi­ PORT, INC., OF SOUTH DAKOTA, a points in Nebraska, Wyoming, Utah, and nois’ Indiana, Kentucky, Mississippi, corporation, 1012 West 41st Street, Sioux Montana, and (2) from points in Iowa, North Carolina, Ohio, South Carolina, Falls, S. Dak. Applicant’s attorney: to points in Idaho, Utah, and Montana. Tennessee, Virginia, and West Virginia. Ronald B. Pitsenbarger, Post Office Box N o t e : Applicant states the above opera­ 396, Moorhead, Minn. Authority sought tions will be restricted against the trans­ Note- If a hearing is deemed necessary, to operate as a common carrier, by motor portation of salt and salt compounds, applicant requests it be held at Montgomery, vehicle, over irregular routes, transport­ crushed and ground oyster shells, and animal Ala. ing : Anhydrous ammonia and liquid feed, grade sugar, and molasses, in bulk. If No. MC 124078 (Sub-No. 138), filed fertilizer solutions, in bulk, from the a hearing is deemed necessary, applicant May 7, 1965. Applicant: SCHWERMAN Consumers Cooperative Association plant requests it be held at Lincoln, Nebr. TRUCKING CO., a corporation, 611 located at or near Fort Dodge, Iowa, to No. MC 126145 (Sub-No. 4), filed April South 28th Street, Milwaukee, Wis., points in Illinois, Kansas, Minnesota, 21, 1965. Applicant: PHILLIPS 53246. Applicants’ attorney: James R. Missouri, Nebraska, North Dakota, and TRUCKING, a corporation, 20299 Valley Ziperski (same address as applicant). South Dakota. Boulevard, Rialto, Calif. Applicant’s at­ Authority sought to operate as a common N o t e : Applicant does not specify place of torney: R. Y. Schureman, 1010 Wilshire carrier, by motor vehicle, over irregular hearing, if one is deemed necessary. Boulevard, Los Angeles, Calif., 90017. routes/transporting: Chemicals, dry, in Authority sought to operate as a com­ bulk, in tank or hopper-type vehicles, No. MC 125756 (Sub-No. 3), filed April mon carrier, by motor vehicle, over irreg­ from points in Mason County, W. Va., to 29, 1965. Applicant: JOHN M. KELLY, ular routes, transporting: Potash, in points in the United States, except Alaska doing business as KELLY TRUCKING bulk, from Trona, Calif., to points in Ari­ and Hawaii). COMPANY, 534 Woodbine Drive, Lex­ zona. ington, Ky. Authority sought to operate Note: If a hearing is deemed necessary, N o t e : If a hearing is deemed necessary, applicant requests it be held at Washington, as a contract carrier, by motor vehicle, applicant requests it be h.eld at Los Angeles, D.C. over irregular routes, transporting: Calif. Meats, meat products, meat byproducts, No. MC 124211 (Sub-No. 34), filed May dairy products, and articles distributed No. MC 126402 (Sub-No. 4), filed April 6,1965. Applicant: HILT TRUCK LINE, by meat packinghouses as defined by the 29, 1965. Applicant: JACK WALKER INC., 1813 Yolande Street, Post Office Commission, from Lexington, Ky., to TRUCKING SERVICE, INC., 844 Louden Box 824, Lincoln, Nebr. Applicant’s at­ points in Bath, Boyle, Fleming, Franklin, Avenue, Lexington, Ky. Applicant’s at­ torney: J. Max Harding, Post Office Box Mercer, Montgomery, Scott, and Wood­ torney: George M. Catlett, 703-706 Mc­ 2028, Lincoln, Nebr., 68501. Authority ford Counties, Ky. Clure Building, Frankfort, Ky. Author­ sought to operate as a common carrier, ity sought to operate as a common car­ by motor vehicle, over irregular routes, N o t e : If a hearing is deemed necessary, rier, by motor vehicle, over irregular transporting: (1) Glassware and glass applicant requests it be held at Frankfort, Ky. routes, transporting: Malt beverages, in containers with or without their equip­ containers, from Milwaukee, Wis., and ment of caps, covers, tops or stoppers, No. MC 125777 (Sub-No. 58), filed St. Joseph, Mo., to points in Jefferson paper cartons or accessories for glass May 5, 1965. Applicant: JACK GRAY County, Ky. containers, from the plant site of Anchor TRANSPORT, INC., 3200 Gibson Trans­ Hocking Glass Corp., at or near Gurnee, N o t e : If a hearing is deemed necessary, fer Road, Hammond, Ind. Applicant’s applicant requests it be held at Louisville, 111., and points within a 10-mile radius attorney: David Axelrod, 39 South La Ky. thereof, to points in Colorado, Kansas, Salle Street, Chicago 3, 111. Authority Minnesota, Montana, Nebraska, North sought to operate as a common carrier, No. MC 126403 (Sub-No. 1), filed April Dakota, South Dakota, Wisconsin, and by motor vehicle, over irregular routes, 23, 1965. Applicant: APPLIANCE DE­ Wyoming and damaged or rejected ship­ transporting: Sand, in bulk, in hydraulic LIVERY CORP., Southeast Comer 19th ments, on return; and (2) materials, dump vehicles (other than hopper or & Allegheny Avenue, Philadelphia, Pa., supplies, and equipment as are used in tank vehicles), from Troy Grove, 111., to 19132. Applicant’s attorney: M. Mark the manufacture of glassware, from points in Wisconsin. Mendel, 1901 P.S.F.S. Building, Philadel­ points in Colorado, Kansas, Minnesota, phia, Pa., 19107. Authority sought to Montana, Nebraska, North Dakota, N o t e : If a hearing is deemed necessary, operate as a contract carrier, by motor South Dakota, Wisconsin, and Wyo­ applicant requests it be held at Chicago, 111. vehicle, over irregular routes, transport­ ming, to the plant site of Anchor Hocking No. MC 125792 (Sub-No. 2), filed May ing: Household appliances, including, Glass Corp. at Gurnee, HI., and damaged 5, 1965. Applicant: ALLAN A. MC­ but not limited to stereps, ranges and or rejected shipments, on return. DONALD, doing business as A & A CLUB televisions, between Philadelphia, Pa., Note: If a hearing is deemed necessary, SERVICE & GARAGE, 1016 North Alva­ and points in New Jersey and Delaware. applicant requests it be held at Chicago, 111. rado Street, Los Angeles 26, Calif. Au­ N o t e : Applicant states the proposed serv­ thority sought to operate'as a common ice will be limited to electrical or gas appli­ No. MC 124218 (Sub-No. 5), filed April carrier, by motor vehicle, over irregular ances needing installation and subsequent .30, 1965. Applicant: UNIT TRANS­ routes, transporting: Wrecked and dis­ servicing and performed for Appliance Serv­ PORTATION, INC., Ford Boulevard and abled autos and other motor vehicles, ice Installation Corp. If a hearing is deemed Fifth Street, Hamilton, Ohio. Appli­ from points in Clark, Mineral, and necessary, applicant requests it be held at cant’s attorney: Albert J. Tener, Bank of Washoe Counties, Nev., and points in Philadelphia, Pa. Jamestown Building, Jamestown, N.Y., Coconino, Maricopa, Mohave, Navajo, No. MC 126537 (Sub-No. 9), filed April 14701. Authority sought to operate as Pima, Yavapai, and Yuma Counties, a common carrier, by motor vehicle, over 29, 1965. Applicant: KENT I. TURNER, Ariz., to points in Los Angeles, Calif., KENNETH E. TURNER, AND ERVIN L. irregular routes, transporting: (1) Spe­ commercial zone. cial events trailers and advertising ma­ TURNER, a partnership, doing business terial related thereto, in initial move- N o t e : If a hearing is deemed necessary, as TURNER EXPEDITING SERVICE, applicant requests it be held at Los Angeles, inents, in truck&way service, from Ham­ Calif. Post Office Box 21132, Louisville, Ky. ilton, Ohio, to points in the United States Applicant’s attorney: George M. Catlett, (except Hawaii and Alaska), and (2) No. MC 125996 (Sub-No. 2), filed April Suite 703-706 McClure Building, Frank­ eturned shipments of the above specified 29, 1965. Applicant: JENSEN TRUCK­ fort, Ky., 40601. Authority sought to commodities, in secondary movements ING CO., INC., 807 Washington Street, operate as a common carrier, by motor om points in the United States (except Gothenburg, Nebr. Applicant’s attor­ Hawaii and Alaska), to Hamilton, Ohio. ney: Richard A. Peterson, Post Office vehicle, over irregular routes, transport­ Box 2028, Lincoln, Nebr. Authority ing: General commodities (except Tf o v.E' 9ommon control may be i Classes A and B explosives), between is deemed necessary, a sought to operate as a common carrier, quests it be held at Buffalo, N.Y. by motor vehicle, over irregular routes, Standiford Field (Airport) at Louisville, transporting: Commercial feeds, in bulk Ky., on the one hand, and, on the other, No. MC 124669 (Sub-No. 11), filed and/or bags and/or packages, (1) from points in Barren County, Ely., restricted Pnl 22, 1965. Applicant: TRANS­ points in Kansas (except Muncie), to to the handling of shipments having an 6824 NOTICES Immediate prior or immediate subse­ used household goods and hold baggage, No. MC 127165 (Sub-No. 1), filed April quent movement by air. in the same vehicles, between New 20, 1965. Applicant: ROCKNE TRUCK N o t e : If a hearing is deemed necessary, Orleans, La., on the the one hand, and, RENTAL CORP., 369A Duffy Avenue applicant requests it he held at Louisville, on the other, points in Orleans, Jeffer­ Hicksville, Long Island, N.Y. Appli-’ Ky. son, St. Charles, St. Bernard, St. Tam­ cant’s representative: William D. Traub many, Washington, Plaquemines, La­ 10 East 40th Street, New York 16 No. MC 126717 (Sub-No. 4), filed fourche, Terrebonne, St. Mary, St. N.Y. Authority sought to operate as a April 26, 1965. Applicant: WALTER Martin, St. James, Assumption, Iberia, common carrier, by motor vehicle, over PLOUGH, doing business as WALT’S Iberville, St. Helena, East Baton Rouge, irregular routes, transporting: Scrap DRIVE-A-WAY SERVICE, Rural Route West Baton Rouge, Ascension, Living­ metals and materials, from points In No. 4, Kuebler Road, Evansville, Ind. ston, Tangipahoa, St. John the Baptist, Nassau and Suffolk Counties, N.Y., to Applicant’s attorney: John E. Lesow, Beauregard, Calcasieu, West Feliciana, points in New Jersey and New York, N.Y., 3737 North Meridian Street, Indianap­ East Feliciana, Pointe Coupee, Lafayette, steamship piers. olis, Ind. Authority sought to operate as St. Landry, Evangeline, Jefferson Davis, a common carrier, by motor vehicle, over N o t e : If a hearing is deemed necessary, irregular routes, transporting: Chassis Vermillion, and Vernon Parishes, La., applicant requests it be held at New York and points in Hancock, Harrison, Pearl N.Y. for self-propelled cranes in driveaway River, Stone, Jackson, and George Coun­ service, from Evansville, Ind., Erie, Pa., ties, Miss., and Mobile and Baldwin No. MC 127188 (Sub-No. 1), filed April to points in Florida. Counties, Ala. 21, 1965. Applicant: DON PALMER N o t e : If a hearing is deemed necessary, AND HERBERT WALKER, a partner­ applicant Requests it be held at Indianapolis, N o te: If a hearing is deemed necessary, ship, doing business as P & W TRANS­ applicant requests it be held at New Orleans, Ind., or Louisville, Ky. La. PORT CO., 5104 Lower Birdville Road, No. MC 126736 (Sub-No. 40), filed Fort Worth, Tex. Applicant’s attorney: No. MC 126983 (Sub-No. 2), filed April M. Ward Bailey, Continental Life Build­ April 26,1965. Applicant: PETROLEUM 27, 1965. Applicant: YOUNGBLOOD ing, Fort Worth, Tex., 76102. Authority CARRIER CORPORATION OF FLOR­ VAN & STORAGE CO. OF ANNISTON, sought to operate as a common carrier, IDA, 369 Margaret Street, Jacksonville, INC., 501-507 Noble Street, Anniston, by motor vehicle, over irregular routes, Fla. Applicant’s attorney: Martin Sack, Ala. Applicant’s attorney: Joseph F. transporting: Green and wet salted hides 710 Atlantic Bank Building, Jacksonville, Mullins, Jr., One Farragut Square South, and sheep pelts, from points in Okla­ Fla., 32202. Authority sought to operate Washington, D.C., 20006. Authority homa, Texas, and Louisiana to the ports as a common carrier, by motor vehicle, sought to operate as a common carrier, along the Gulf of Mexico extending from over irregular routes, transporting: Pe­ by motor vehicle, over irregular routes, New Orleans, La., to Brownsville, Tex., troleum products, in bulk, in tank ve­ transporting: Household goods, as de­ including New Orleans, La., and Browns­ hicles, from Jacksonville and St. Marks, fined by the Commission, between points ville, Tex., and the ports of entry located Fla., to points in Georgia. in Alabama within a 125-mile radius of on the international boundary line be­ N o te: Applicant states that all duplicat­ Montgomery, Ala., including Mont­ tween the United States and Mexico lo­ ing authority is to be eliminated. If a hear­ gomery, Ala., restricted to shipments cated in Texas. ing is deemed necessary, applicant requests it be held at Jacksonville, Fla. having a prior or subsequent movement Note: If a hearing is deemed necessary, beyond said points, in containers, and applicant requests it be held at Dallas, Tex. No. MC 126869 (Sub-No. 1), filed May further restricted to pickup and delivery 3, 1965. Applicant: M & W TRUCKING, service incidental to and in connection No. MC 127199, filed April 19, 1965. INC., Post Office Box 58, Bowdon, Ga. with packing, crating and containeriza­ Applicant: ROY E. SCHOTT, doing busi­ Applicant’s attorney: Paul M. Daniell, tion, or unpacking, uncrating and decon­ ness as TRI-STATE MOBILE HOME 1600 First Federal Building, Atlanta, Ga., tainerization of such shipments. MOVER, Route 4, Box 322, Swanton, Ohio. Authority sought to operate as a 30303. Authority sought to operate as N o te: Common control may b e involved. a contract carrier, by motor vehicle, over If a hearing is deemed necessary, applicant common carrier, by motor yehicle, over irregular routes, transporting: (1) Solid requests it b e held at Montgomery, Ala. irregular routes, transporting: Mobile and semipneumatic tires, plastic or rub­ homes, between points in Ohio, Michi­ ber handle bar grips, pedals and mud No. MC 127159 (CORRECTION), filed gan, and Indiana. April 13,1965, published in Federal Reg­ flaps, plastic streamers and wheels, steel N o t e : If a hearing is deemed necessary, wheels and wheels mounted with solid or ister issue of May 5, 1965, and repub­ applicant requests it be held at Swanton, semipneumatic tires, from Bowdon, Ga., lished as corrected this issue. Appli­ Ohio. to points in Alabama, Arkansas, Illinois, cant: STANDARD TRUCKING CO., No. MC 127200, filed April 23, 1965. Indiana, Kentucky, Louisiana, Missis­ INC., Post Office Box 93, Bay Minette, Applicant: WEST BEND IMPLEMENT sippi, Missouri, Ohio, Tennessee, and Ala. Applicant’s representative: Robert COMPANY, INC., 1200 North Main Texas; (2) solid and semipneumatic E. Tate, 2031 Ninth Avenue South, Bir­ Street, West Bend, Wis., 53095. Appli­ tires (which have moved inbound from mingham, Ala. Authority sought to cant’s attorney: Leo F. Schlaefer, Cor­ Bowdon, Ga., for mounting) and wheels, operate as a contract carrier, by motor ner of Sixth and Hickory, West Bend, mounted, (a) from Selma, Ala., to points vehicle, over irregular routes, transport­ Wis., 53095. Authority sought to oper­ in the destination states described in (1) ing: (1) New furniture, from the plant ate as a contract carrier, by motor ve­ above; (b) from Akron, Ohio, to points hicle, over irregular routes, transporting: in Ohio; and (3) materials, equipment site of Standard Furniture Manufactur­ ing Co., located at Bay Minette, Ala., to Farm machinery, (1) between points in and supplies used in the production of Washington, Ozaukee, Sheboygan, Fond the above described commodities, from points in the United States (except du Lac, Dodge, Jefferson, Waukesha, and points in Alabama, Arkansas, Illinois, Hawaii and Alaska), and (2) new furni­ Milwaukee Counties, Wis.; and (2) be­ Indiana, Kentucky, Louisiana, Missis­ ture, equipment, materials, and supplies tween Waupaca, Wis., on the one hand, sippi, Missouri, Ohio, Tennessee, and used in the manufacture and distribu­ and, on the other, points in Winnebago, Texas, to Bowdon, Ga. tion of new furniture, from points ,in the Outagamie, Waushara, and Waupaca N o t e : Applicant states that the above United States (except Hawaii and Counties, Wis. proposed operations will be performed for Alaska), to the plant site of Standard N o t e : If a hearing is deemed necessary, the account of Textile Rubber Co., Inc. If applicant requests it be held at West Ben , a hearing is deemed necessary, applicant re­ Furniture Manufacturing Co., located at quests it be held at Atlanta, Ga. Bay Minette, Ala. Wis. o t e No. MC 127205, filed April 15, 1965. No. MC 126934 (Sub-No. 1), filed April N : The above proposed operations will be under continuing contract or contracts Applicant: ARTHUR B. McMILLEN, 19, 1965. Applicant: GULF MOVING & with Standard Furniture Manufacturing Co., loing business as McMILLEN & SO STORAGE CO., INC., 427 Gaiennie Inc., and its affiliated or subsidiary com­ ÏARAGE, Box 551, New Paris, Pa. AP- Street, New Orleans, La. Authority panies. The purpose of this republication is to correctly set forth the authority sought. ilicant’s attorney: Gordon E, S t P» sought to operate as a common carrier, If a hearing is deemed necessary, applicant -10 Court House Square, Bedford, Fa. authority sought to operate as a co by motor vehicle, over irregular routes, requests it be held at either Mobile or Bir­ over irregular transporting: Containerized new and mingham, Ala. Wednesday, M ay 19, 1965 FEDERAL REGISTER 6825 routes, transporting: Disabled vehicles Harrison, Panola, Shelby, San Augustine, Fort Belknap, Havre, Dixon and Brown­ and replacement vehicles, between points Sabine, and Freestone Counties, Texas. ing, Mont., and (2) from above enumer-. in Bedford County, Pa.; and points in Note: If a bearing is deemed necessary, ated points in Montana, North Dakota, Ohio, West Virginia, Maryland, Virginia, applicant requests it be held at Dallas, Tex. and South Dakota to Flandreau, S. Dak. New York, New Jersey, and the District No. MC 127220, filed April 26, 1965. Note: Applicant states outbound trips of Columbia. Applicant: A. C. EXPRESS, INC., 4350 from Flandreau will be made at the end of Note: If a hearing is deemed necessary, the school year in May or June transporting applicant requests it be held at Pittsburgh, Kendrick Street, Golden, Colo. Appli­ students to their homes for the summer vaca­ Pa. cant’s attorney: Marion F. Jones, Suite tion period. Return trips to Flandreau will 420 Denver Club Building, Denver, Colo., be made in September for the opening of No MC 127208, filed April 22, 1965. 80202. Authority sought to operate as school. The proposed transportation service Applicant: FREELAND D. NASH, a common carrier, by motor vehicle, over wili consist of groups of Indian students, Wheatley, Ark. Applicant’s attorney: irregular routes, transporting: Malt under the supervision of the U.S. Department of the Interior, Bureau of Indian Affairs. If Jimason J. Daggett, Suite 1, Daggett beverages, and related advertising mate­ a hearing is deemed necessary, applicant re­ Building, Marianna, Ark., 72360. Au­ rial, from Golden, Colo, to points in quests it be held at Sioux Falls, S. Dak. thority to operate as a contract carrier, Nevada, New Mexico, Oklahoma, Texas, by motor vehicle, over irregular routes, Utah, and Wyoming. No. MC 3600 (Sub-No. 5) (CORREC­ transporting: Farm machinery and im­ Note: Common control may be involved. TION), filed April 6, 1965, published plements, from Minneapolis, Minn., If a hearing is deemed necessary, applicant F ederal R egister, issue of April 28, 1965, Waterloo, Iowa, South Bend, Ind., requests it be held at Denver, Colo. and republished as corrected this issue. Athens, Tenn., and Minden, La., to Applicant: FRANK MARTZ COACH Wheatley, Stuttgart, Holly Grove, and No. MC 127221, filed April 26, 1965. COMPANY, a corporation, 239 Old River Forrest City, Ark. Applicant: WILLIAM C. RACINE, 2676 Road, Wilkes-Barre, Pa. Applicant’s Carpenter Road, Lapeer, Mich. Appli­ attorney: John J. Dempsey, Jr., Suite Note: If a hearing is deemed necessary, cant’s attorney: Walter N. Bieneman, 1200, Miners National Bank Building, applicant requests it be held at Little Bock, Suite 1700 One Woodward Avenue, De­ Ark. Wilkes-Barre, Pa. Authority sought to troit, Mich., 48226. Authority sought to operate as a common carrier, by motor No. MC 127210, filed April 28, 1965. operate as a contract carrier, by motor vehicle, over regular routes, transport­ Applicant: T AND R CARTAGE CO., a vehicle, over irregular routes, transport­ ing: Passengers and their baggage, and corporation, 121 East 115th Street, Chi­ ing: Prepared foods, requiring mechan­ express and newspapers, in the same cago, HI. Applicant’s attorney: Harold ically refrigerated equipment, in shipper- vehicle with passengers, during the sea­ E. Marks, 208 South La Salle Street, Chi­ owned and carrier-owned trailers, son extending May 15 to October 15, cago 4, HI. Authority sought to operate between Kalamazoo, Mich., on the one both inclusive, of each year, between the as a contract carrier, by motor vehicle, hand, and, on the other, points in junction of the Northeast Extension of over irregular routes, transporting: New Michigan. the Pennsylvania Turnpike and the and used kitchen cabinets and home ap­ Note: Applicant states that the above pro­ Pennsylvania Turnpike and Atlantic pliances, from points in that part of the posed service will be performed under con­ City, N.J., from junction of the North­ Chicago commercial zone located in Illi­ tinuing contract with Dean Foods Co., east Extension of the Pennsylvania nois, as defined by the Commission to Chicago, 111. If a hearing is deemed neces­ Turnpike and the Pennsylvania Turn­ points in Lake, Porter, La Porte, Starke, sary, applicant requests it be held at Lansing, pike over the Pennsylvania Turnpike to and St. Joseph Counties, Ind., and re­ Mich. Valley Forge Interchange (No. 24), fused, rejected and damaged shipments, No. MC 127228, filed April 29, 1965. thence over Interstate Highways 76 on return. Applicant: GEORGE PHILLIPS, doing and 676 to junction New Jersey Highway Note: If a hearing is deemed necessary, business as P-5 TRUCKING CO., 5 Han­ 42, thence over New Jersey Highway 42 applicant requests it be held at Chicago, 111. sen Road, Old Bridge, N.J. Applicant’s to junction Atlantic City Expressway, No. MC 127214, filed April 26, 1965. representative: George A. Olsen, 69 Ton- and thence over Atlantic City Express­ Applicant: T. J. SMITH doing business nele Avenue, Jersey City, N.J., 07306. way to Atlantic City, and return over the as SMITTY’S AIRFREIGHT EXPEDIT­ Authority sought to operate as a contract same route, serving no intermediate ING SERVICE COMPANY, 7600 Cedar carrier, by motor vehicle, over irregular points, but serving junction of Northeast Springs Road, Dallas, Tex. Applicant’s routes, transporting: Such commodities, Extension of the Pennsylvania Turnpike attorney: Hugh T. Matthews, 630 Fidelity equipment, materials and supplies used, and the Pennsylvania Turnpike for pur­ Union Tower, Dallas, Tex. Authority sold or dealt in by food processing man­ pose of joinder only, as an alternate sought to operate as a common carrier, ufacturers, between the Federal Bakers route for operating convenience only in by motor vehicle, over irregular routes, Supplies Corp.’s plant, located in Gar­ connection with applicant’s presently transporting: General commodities (ex­ field, N.J., on the one hand, and, on the authorized regular route operations be­ cept household goods and Classes A and other, points in Delaware, Connecticut, tween Scranton and Wilkes-Barre, Pa., B explosives), having an immediately Maryland, New York, and Pennsylvania. and between Atlantic City, N.J., and prior or immediately subsequent move­ Note: Applicant states it will be under a New York, N.Y. ment by aircraft, between airports lo­ continuing contract with Federal Bakers Note: The purpose of this republication cated in Dallas and Tarrant Counties, Supplies Corp., Garfield, N.J. If a hearing is to correctly set forth the proposed opera­ Tex., on the one hand, and, on the other, is deemed necessary, applicant requests it tion in lieu of the proposal as previously points in Wilbarger, Baylor, Throckmor­ be held at Washington, D.C. published in error. If a hearing is deemed necessary, applicant requests it be held at motor carrier of passengers ton, Shackleford, Callahan, Coleman, Philadelphia, Pa., or New York, N.Y. McCulloch, Mason, Wichita, Archer, No. MC 1515 (Sub-No. 80), filed Young, Stephens, Eastland, Brown, San April 20,1965. Applicant: GREYHOUND No. MC 126280 (Sub-No. 2), filed April Saba, Llano, Clay, Jack, Palo Pinto, LINES, INC., 140 South Dearborn Street, 22,1965. Applicant: AIRPORT TRANS­ Erath, Comanche, Mills, Lampasas, Chicago, 111. Applicant’s attorney: Rob­ FER CO., LIMITED, Post Office Box Burnet, Hamilton, Montague, Wise, ert J. Bernard (same address as appli­ 1555, Halifax, Nova Scotia, Canada. Parker, Hood, Somervell, Bosque, Coryell, cant) . Authority sought to operate as a Applicant’s attorney: S. Harrison Kahn, Bell, Williamson, Travis, Cooke, Denton, common carrier, by motor vehicle, over Suite 733 Investment Building, Washing­ ton, D.C. Authority sought to operate Tarrant, Dallas, Johnson, Hill, McLen­ irregular routes, transporting: Passen­ as a common carrier, by motor vehicle, nan, Falls, Milam, Bastrop, Lee, Robert­ gers and their baggage, in the same vehi­ over irregular routes, transporting: Pas­ son, Limestone, Ellis, Navarro, Collin, cle with passengers, in charter bus serv­ sengers and their baggage, in round trip Grayson, Rockwall, Kaufman, Hender­ ice, (1) from Flandreau, S. Dak., to charter and special operations, begin­ son, Anderson, Van Zandt, Hunt, Fannin, Gettysburg, Mobridge Comer, Mobridge, ning and ending at the ports of entry Lamar, Delta, Hopkins, Rains, Wood, and McLaughlin, S. Dak., Garrison Cor­ located on the international boundary Smith, Cherokee, Nacogdoches, Rusk, ner, Garrison, Fort Totten, Belcourt, line between the United States and Can­ regg, Upshur, Camp, Franklin, Red Raub, Parshall, and New Town, N. Dak., ada, and extending to points in the iver, Bowie, Titus, Morris, Cass, Marion, Poplar, Wolf Creek, Glasgow, Dobsoh, United States (except Alaska and No. 96— — 9 v . 6826 NOTICES Hawaii), restricted to foreign commerce Creek, and thence on and west of New No. MC 126485 (Sub-No. 2), filed only. York Highway 12 to the St. Lawrence April 22, 1965. Applicant: McINTIRE Note: If a bearing Is deemed necessary, River, and the international boundary BROTHERS, INC., Rural Route No. 2, applicant requests it be held at Augusta, line between the United States and Knox, Ind. Applicant’s attorney: War­ Maine. Canada. ren C. Moberly, 1212 Fletcher Trust No. MC 118785 (Sub-No. 4), filed April Building, Indianapolis, Ind. Authority A pplications for B rokerage L icenses 23, 1965. Applicant: UNITED CASKET sought to operate as a contract carrier, MOTOR CARRIERS OF PASSENGERS TRANSPORT, INC., 3329-3335 Arch by motor vehicle, over irregular routes! No. MC 12952, filed April 21, 1965. Street, Philadelphia, Pa., 19104. Appli­ transporting: Fruit juices, fruit juice Applicant: EVERGREEN TOURS, INC., cant’s attorney: Ralph C. Busser, Jr., concentrate, and fruit juice drinks, in 1936 Westlake Avenue, Seattle, Wash., 1710 Locust Street, Philadephia, Pa., retail containers, from West Allis, Wis„ 98101. For a license (BMC 5) to engage 19103. Authority sought to operate as a to points in that part of Indiana bounded in operations as a broker at Seattle, common carrier, by motor vehicle, over by a line beginning at Michigan City, Wash., in arranging for the transpor­ irregular routes, transporting: Caskets, Ind., and extending along U.S. Highway tation in interstate or foreign commerce casket shells, casket covers, and funeral 35 to junction U.S. Highway 24, thence of Passengers and their baggage, in supplies, all uncrated (1) from Scran­ along U.S. Highway 24 to Huntington, charter and special operations, beginning ton, Pa., to points in the District of Ind., and thence along U.S. Highway 224 and ending at Bremerton, Tacoma, and Columbia, Florida, Maryland, Massachu­ to the Indiana-Ohio State line. Seattle, Wash., and extending to points setts, New Jersey, New York, Ohio, Rhode No. MC 126683 (Sub-No. 2), filed April in the United States, including the ports Island, Pennsylvania,^Vermont, Virginia, 23, 1965. Applicant: JOSEPH P. SO- of entry located on the international and West Virginia; (2) from Richmond, VAK, MD No. 3 Cromwell Road, Monroe, boundary lines between the United States Ind., to points in Illinois, Iowa, Wiscon­ N.Y. Authority sought to operate as a and Canada and between the United sin, Michigan, Indiana, Kentucky, Ten­ common carrier, by motor vehicle, over States and Mexico. nessee, Ohio, and West Virginia; (3) irregular routes, transporting: Meat and No. MC 12953, filed April 26, 1965. from Springfield, Ohio, to points in Ohio, poultry, from New York, N.Y., and New­ Applicant: LYNN F. BUCKLIN, SR., do­ Michigan, Illinois, Indiana, Missouri, ark, N.J., to points in Orange and Rock­ ing business as WIDE WORLD TRAVEL, Iowa, Minnesota, Wisconsin, Nebraska, land Counties, N.Y., and refused, re­ 315 West Broadway, Eugene, Oreg. Ap­ California, Colorado, Oklahoma, Mon­ jected, and damaged shipments of the plicant’s attorney: Howard E. Speer, 641 tana, Washington, Kentucky, Virginia, above commodities, on return. Pearl Street, Eugene, Oreg., 97401. For Tennessee, West Virginia, Pennsylvania, No. MC 127207, filed April 23, 1965. a license (BMC 5) to engage in opera­ New York, North Carolina, South Caro­ Applicant: CACHE VALLEY DAIRY AS­ tions as a broker at Eugene, Oreg., in lina, Georgia, Florida, Massachusetts, SOCIATION, a corporation, Smithfield, arranging for transportation in inter­ Connecticut, the District of Columbia, Utah. Applicant’s attorney: Harry D. state or foreign commerce, of passen­ New Jersey, Delaware, Maryland, and Pugsley, Suite 600, El Paso Natural Gas gers and their baggage, between points Rhode Island; (4) from Nashua, N.H., Building, 315 East Second South, Salt in the United States. to points in the United States (except Lake City, Utah, 84111. Authority Alaska and Hawaii); (5) from Syracuse, sought to operate as a contract carrier, A pplications in W hich H andling W it h ­ N.Y., to points in Maine, Vermont, New by motor vehicle, over irregular routes, out O ral H earing H as B een R equested Hampshire, Massachusetts, Connecticut, transporting: Grocery store items, from MOTOR CARRIERS OF PROPERTY New Jersey, Rhode Island, Virginia, West San Francisco and points in Alameda, Virginia, Maryland, the District of Co­ San Mateo, Santa Clara, Los Angeles, No. MC 3009 (Sub-No. 58), filed April lumbia, North Carolina, South Carolina, Orange, and San Bernardino Counties, 29, 1965. Applicant: WEST BROTH­ Georgia, Florida, Alabama, Mississippi, Calif., to points in Salt Lake, Davis, ERS, INC., 706 East Pine Street, Hatties­ Louisiana, Texas, Oklahoma, Arkansas, Weber, and Cache Counties, Utah, and burg, Miss., 39402. Authority sought to Tennessee, Kentucky, and Illinois; (6) exempt commodities, on return. operate as a common carrier, by motor from Erwin, Tenn., and Lancaster, Ky., Note: Applicant states: “Applicant is a vehicle, over regular routes, transport­ to points in California, Colorado, the bona fide agricultural cooperative associa­ ing: General commodities (except those District of Columbia, Florida, Illinois, tion and is presently performing this service of unusual value, Classes A and B explo­ Maryland, Massachusetts, Michigan, as back-haul as part of its transportation of sives, household goods as defined by the Missouri, Oregon, Pennsylvania, Rhode its cheese to California. The transportation Commission, and commodities in bulk), Island, Tennessee, and Texas; (7) from is by the Association in its own vehicles, between Lucedale, Miss., and Pascagoula, Philadelphia, Pa., to points in Massa­ controlled by it and operated by its own Miss.; from Lucedale over Mississippi employees. Applicant in good faith asserts chusetts, New Hampshire, Vermont, Vir­ that such transportation is exempt under Highway 26 to junction Mississippi High­ ginia, Michigan, Maine, and Illinois, section 203(b) (5). It is not the purpose of way 63, thence over Mississippi Highway and damaged, defective, and returned the applicant to enter into general carrier 63 to junction U.S. Highway 90, thence shipments of the above commodities, on business, but to limit such activities exclu­ over U.S. Highway 90 to Pascagoula and return. sively to back-haul, and if this contract car­ return over the same route, serving all No. MC 123807 (Sub-No. 2), filed April rier application is granted it would eliminate intermediate points. 30, 1965. Applicant: RENNOLDS POT- any controversy about the exemption an TERFIELD, 725a Stanton Street, Monroe applicant reserves all of its rights under sue Note: Applicant states that it presently exemption statute.” holds authority as an alternate route, over City, Mo. Applicant’s attorney: Thomas the above described route and the purpose P. Rose, Jefferson Building, Jefferson By the Commission. of this application is to acquire authority to City, Mo. Authority sought to operate [seal] B ertha F. Armes, serve all intermediate points. as a common carrier, by motor vehicle, Acting Secretary. No. MC 47323 (Sub-No. 17), filed May over irregular routes, * transporting: Lime, dry, in bulk, from points in Adams [F.R. Doc. 65-5255; Filed, M ay 18, 1965; 3, 1965. Applicant: ANDERSON 8:47 ajn.] TRUCKING CO., a corporation, Rural County, 111., to Kansas City, Mo. Delivery No. 4, Mercer, Pa. Applicant’s No. MC 124997 (Sub-No. 1), filed May attorney: William W.Knox, 23 West 10th 3, 1965. Applicant: R. F. TRUESDELL [Notice 1175] CO., a corporation, 1616 West 47th Street, Erie, Pa.r 16501. Authority MOTOR CARRIER TRANSFER sought to operate as a common carrier, Street, Ashtabula, Ohio. Applicant’s by motor vehicle, over irregular routes, attorney: T. Baldwin Martin, 503 First PROCEEDINGS transporting: Coal, in bulk, in dump ve­ National Bank Building, Macon, Ga., May 17, 1965. 31201. Authority sought to operate as a nopses of orders entered pursuant hicles, from points in Tioga County, Pa., contract carrier, by motor vehicle, over to points in New York on and west of irregular routes, transporting: Pulp ;tion 212(b) of the Interstate Com U.S. Highway 11 from the New York- board and fiber board, and corrugated e Act, and rules and regulations Pennsylvania State line to Binghamton, pulpboard and fibreboard boxes, boxes, ribed thereunder (49 CFR Pa appear below: N.Y., thence on and west of New York from Hattiesburg, Miss, to points in Ala­ — in the commissions spe Highway 7 to Colliersville, thence on and bama, Louisiana, and that portion of west of New York Highway 28 to Alder Florida west of the Apalachicola River. Wednesday, M ay 19, 1965 FEDERAL REGISTER 6827 son may file a petition seeking recon­ Tariff: Supplement 185 to Southern Rates on property moving on class and sideration of the follow ing numbered Freight Association, agent, tariff I.C.C. commodity rates loaded in trailers and proceedings within 20 days from the S-194. transported on railroad flat cars, be­ date of publication of this notice. Pur­ FSA No. 39766—Chlorine to Palatka, tween Elberton, Ga., and Lewisburg, suant to section 17(8) Of the Interstate Fla. Filed by O. W. South, Jr., agent Term., on the one hand, and points in Commerce Act, the filing of such a peti­ (No. A4683), for interested rail carriers. western trunk-line territory, on the tion will postpone the effective date of Rates on chlorine, in tank carloads, from other. the order in that proceeding pending its LeMoyne, Ala., to Palatka, Fla. Grounds for relief: Motor-carrier disposition. The matters relied upon by Grounds for relief: Market competi­ competition, short-line distance formula petitioners must be specified in their pe­ tion. and grouping. titions with particularity. Tariff—Supplement 185 to Southern Tariff: Supplement 3 to Western No. MC-FC-67802. By order of May Freight Association, agent, tariff I.C.C. Trunk Line Committee, agent, tariff 14, 1965, the Transfer Board approved S-194. I.C.C. A-4582. the transfer to John J. Carroll, doing FSA No. 39767—Liquid caustic soda to FSA No. 39772—Joint motor-rail business as World’s Fair Limousine Serv­ Palatka, Fla. Filed by O. W. South, Jr., rates—Niagara Frontier. Filed by Ni­ ice, 231 Spring Street, Naugatuck, Conn., agent (No. A4684), for interested rail agara Frontier Tariff Bureau, Inc., agent of the operating rights in Certificate No. carriers. Rates on liquid caustic soda, (No. 37), for interested carriers. Rates MC-125160 (Sub-No. 2) issued August 11, in tank carloads, from LeMoyne, Ala., to on various commodities moving on class 1964, to Eastern Limousine Service, Inc., Palatka, Fla. and commodity rates over joint routes of Sunset Drive, Naugatuck, Conn., limited Grounds for relief: Market competi­ applicant rail and motor carriers, be­ in point of time contingent upon condi­ tion. tween points in central States, middle tions for period in 1964 and 1965 that the Tariff: Supplement 185 to Southern Atlantic and New England territories, on New York World’s Fair is open to the Freight Association, agent, tariff I.C.C. the one hand, and points in the Prov­ public, authorizing transportation, oyer S-194. inces of Ontario and Quebec, Canada, on irregular routes, of: Passengers and their FSA No. 39768—Chlorine from Le­ the other.. baggage, in special operations, in non- Moyne, Ala. Filed by O. W. South, Jr., Grounds for relief: Motor-truck com­ scheduled service, limited to the trans­ agent (No. A4685), for interested rail petition. portation of not more than 11 passengers carriers. Rates on chlorine, in tank car­ Tariff: Supplement 4 to Niagara Fron­ in any one vehicle not including the loads, from LeMoyne, Ala., to Jackson­ tier Tariff Bureau, Inc., agent, tariff driver thereof, and not including chil­ ville and South Jacksonville, Fla. MF-I.C.C. 64. dren under 10 years of age who do not Grounds for relief: Market competi­ FSA No. 39773—Joint motor-rail occupy a seat or seats, between Water- tion. rates—Niagara Frontier. Filed by Niag­ bury, Naugatuck, Seymour, Derby, and Tariff: Supplement 187 to Southern ara Frontier Tariff Bureau, Inc., agent Stratford, Conn., on the one hand, and, Freight Association, agent, tariff I.C.C. (No. 38), for interested carriers. Rates on the other, the site of New York S-194. on various commodities moving on class World’s Fair at Flushing Meadows, FSA No. 3976&—Chlorine to Nixon, Ga. and commodity rates over joint routes of Flushing, N.Y. Filed by O. W. South, Jr., agent (No. applicant rail and motor carriers, be­ A4686), for interested rail carriers. tween points in central States and mid- [seal] B ertha F . A rmes, Rates on chlorine, in tank carloads, from dlewest territories, on the one hand, and Acting Secretary. LeMoyne, Ala., to Nixon, Ga. points in Provinces of Ontario and Que­ [F.R. Doc. 65-5301; Filed, May 18, 1965; Grounds for relief—Market competi­ bec, Canada, on the other. 8:49 a.m.] tion. Grounds for relief: Motor-truck com­ Tariff: Supplement 186 to Southern petition. Freight Association, agent, tariff I.C.C. Tariff: Supplement 4 to Niagara Fron­ S-194. tier Tariff Bureau, Inc., agent, tariff MF- FOURTH SECTION APPLICATIONS FSA No. 39770, as amended—Iron and I.C.C. 64. FOR RELIEF steel articles to Vicksburg, Miss. Filed FSA No. 39774—Alumina from Baux­ M ay 14,1965. by Illinois Freight Association, agent ite, Ark. Filed by Southwestern Freight Protests to the granting of an applica­ (No. 283), for interested rail carriers. Bureau, agent (No. B-8726), for inter­ tion must be prepared in accordance with Rates on iron and steel articles, viz.: bars ested rail carriers. Rates on alumina, Rule 1.40 of the general rules of practice or rods, noibn, plates or sheets, noibn, calcined or hydrated, in bulk in covered (49 CFR 1.40) and filed within 15 days also strip steel, noibn, in carloads, from hopper cars, in carloads, from Bauxite, from the date of publication of this no­ Chicago, 111., and points in Chicago Ark., to Cincinnati, Ohio, and Louisville, tice in the F ederal R egister. switching district, including Lemont, Jo­ Ky. liet, and South Chicago, 111., and Gary Grounds for relief: Market competi­ Long- and-S hort H aul and Indiana Harbor, Ind., also Alton, tion. Federal, and East St. Louis, 111., to Vicks­ FSA No. 39765—Liquid Caustic Soda Tariff: Supplement 78 to Southwest­ to Westover, Ga. Filed by O. W. South, burg, Miss. Grounds for relief: Barge competition. ern Freight Bureau, agent, tariff I.C.C. Jr., agent (No. A4682), for interested rail 4529. carriers. Rates on liquid caustic soda, in Tariff: Supplement 35 to Illinois Freight Association, agent, tariff I.C.C. By the Commission. tank carloads, and on shipments subject 1033, . to minimum of 4 tank carloads, from FSA No. 39771—T.O.F.C. rates from [seal] B ertha F. A rmes, LeMoyne, Ala., to Westover, Ga. and to points in WTL territory. Filed by Acting Secretary. Grounds for relief: Market competi­ Western Trunk Line Committee, agent tion. [P.R. Doc. 65-5253; Piled, May 18, 1965;- (No. A-2406), for interested rail carriers. 8:47 a.m.] 6828 FEDERAL REGISTER

CUMULATIVE LIST OF CFR PARTS AFFECTED— MAY

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 May.

3 CFR Page 7 CFR—Continued Page 14 CFR—Continued Pas* P roclamations: 909______6430 P roposed R u l e s: 1713 (superseded in part by 910______6148, 6430, 6479, 6681, 6712 39------6188,6274 Proc. 3656) ______6571 918______6431 67------6188 3172 (superseded by Proc. 944______I ______6638 71------6189, 3655) ______6467 965_____ 6338 6225, 6397, 6399, 6400,6402,6443 3399 (superseded by Proc. 970______! 6479 6588, 6589, 6735, 6736, 6793-6795 3655)______6467 1002______6639 73------6402,6444,6736 3655 _._____ 6467 1138______6573 75------6443 3656 __ 6571 1421______6338, 6511, 6681 91------6541 E xecutive O rder: 1468______6383 129------;------6541 Apr. 19, 1892 (revoked in part 1472______6383 399______6650 by PLO 3656)______6437 1483.______6771 823 (see EO 11220) _____ *___ 6425 1487 ______6639 15 CFR 10530 (revoked in part by EO 1488 ___ 6249 201_------6748 11222)______6469 P roposed R u l e s: 16 CFR 10784 (superseded by 28______i______6255 P roposed R u l e s: EO 11223) ______6635 31______6350 303__ 6275 10845 (superseded by 33______6782 EO 11223)______6635 51_____ 6658 17 CFR 10939 (revoked by EO 11222) __ 6469 70______6395 240_____ 6642 11071 (superseded in part by 777______6686 18 CFR EO 11224)______6679 Ch. IX______6355,6438,6523 6518 11125 (revoked by EO 11222) __ 6469 930______6255 157. 11126 (amended by EO 11221) _ 6427 993______6782 19 CFR 11219 ______6381 1008______6659 10______6149 11220 ______6425 1040______t______6163 P roposed R u l e s: 11221 ______6427 1042___ 6163 13______6686 11222 ______6469 1097_____ 6534 11223 ______6635 1102______6534 21 CFR 11224 _____ 6679 1108______6534 121______6215, P residential D ocuments O ther 1138______6538 6339, 6389, 6433, 6477, 6478, 6579, T han P roclamations and E xecu­ 6643, 6732. tive O rders: 8 CFR 133______6475 Memorandum of July 20,1961 214______6479 144______6389 (revoked by EO 11222)____ 6469 231.______6776 P roposed R ules: Memorandum, of May 2, 1963 251______6776 8______R490. 6733-6735 (revoked by EO 11222)____ 6469 121______B____ 6588,6689 9 CFR 141a______6795 4 CFR 318—______6731 52______6429 P roposed R u l e s: 25 CFR 201______6360 131 ____ 6579 5 CFR P roposed R ules: 213____ 6215, 6241, 6337, 6478, 6637, 6765 10 CFR 1 ____ 6438 332______6337 30______6575 221 ___ 6523 591______6511 12 CFR 26 CFR 6 CFR 12______6160 l ______6216,6340,6480 73___ 6573 204______6339 170 _ 6769 7 CFR 206______6731 9»RO __6217 28 ______6637 561______6517 P roposed Rules: 29 ------6573 P roposed R u l e s: 1______6222, 6349,6486,6488 51______6711 261 ______6275 31 6222 54 ______6207 262 __ 6275 301_ _ 6222 55 ______6141, 6207563______6544 29 CFR 56 ______6207 13 CFR 6249 58______6637 50 121______6778 AHA __ 6218 70______6207 81------6207 14 CFR b06__._------~ ~ - ______6482 210______39_ 6207,__ 6479____ _ 6150, 6431, 6577, 6639, 6640 P roposed R ules: 301______6243, 6245, 6770 61______6577 r r t 6224 354______.__ 642971______r______6150, RQ7 ______6225 707______6246 6215, 6241, 6384-6387, 6478, 6577- 1501------1 ______6397 717_____ 6144 6579, 6640-6642, 6682, 6765. 1502______1502------______------6397 719------6511 73— ______6242, 6387, 6388 722_____ 6712 75______6150, 6241, 6242, 6432, 6642 724------6144, 6146, 6207 77—___ 6713 32 CFR _ 6161 842______6338 91______6388 1 R Q 862_------6247 95______:___ 6766 17«-— -----— ______6682 863 ______6248 97______6151, 6329, 6714 180------______JJ« 864 ------>______6248 99------;___ 6242 516------5343 905------6638, 6770 121------"6432, 6725 908—______6148, 6429, 6681, 6771 127____ 6432

Latest Edition in the sériés of . . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES J o h n F. Kennedy, 1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate­ rials released by the White House during the period January 1- November 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele­ vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc­ lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs ioo j Pages Price: $9.00 and the events of history, historians, librarians, and Government officials.

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